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NOW, THEREFORE, BE IT RESOLVED that the City Council approves an Interim <br />Use Permit allowing an aggregate stockpiling and recycling facility on the above- <br />described property, subject to the conditions stated below, based upon the following <br />findings: <br />1. The proposed project is compatible with existing land use and underlying plans and <br />regulations. The use is specified as an allowable hiterim Use in the I-2 General <br />Industrial District which includes the affected properties. <br />2. Through submitted plans, existing conditions, and the Council's lmowledge of past <br />operations, the use will conform to the performance criteria required in City Code <br />914A.030(A) of screening and landscaping, erosion control, dust control and similar <br />measures which prevent the site from becoming a nuisance to the public or adjoining <br />property owners. <br />3. The stockpiling and recycling use is the exclusive use of the properties affected by the <br />requested permit. <br />4. "fhe applicant has pledged to execute a development contract and post finaucial <br />securities, as required by City Code 914A.030(A), and has consistently complied with <br />such requirements in connection with prior permits. <br />5. T'he applicant has identified a development plait which envisions redevelopment of <br />the affected properties within five (5) years from the effective date of the requested <br />permit. <br />6. The Council finds that the following conditions are reasonable and necessary to <br />achieve the goals and purposes of the City's Comprehensive Plan, City Code, and to <br />ensure the health and safety of the public: <br />A. Term of Permit: Provided all other conditions are met, the Permit shall <br />commence on October 1, 2009 and expire on September 30, 2014, unless <br />previously terminated by an event described in Paragraph 4 of the Permit. <br />B. Development Contract: Fra-Dor, Inc. shall execute a new or amended <br />Development Contract with the City prior to the commencement date of this <br />Permit. "the Contract shall be in a recordable form and Fra-Dor, Inc. shall <br />record the Contract against the properties affected. Fra-Dor, Inc. shall abide by <br />the terms of the Development Contract as a condition of the Permit, including <br />terms concerning posting of financial guaranty and maintaining insurance. <br />C. License. Fra-Dor, Inc. shall maintain a valid City License for aggregate <br />materials storage and processing at all times during the term of this Permit and <br />comply with all terms of the License as set by City Council in the terms of the <br />Development Contract. <br />2 <br />