08-14-2014 Planning Comm. Agenda

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Fra-Dor, Inc. Aggregate Stockpiling and Recycling Interim Use Permit Interim Use Agreement Page 2 of 19 Parcel No. 06-29-22-12-0001: Except the South 280.5 feet; the West 424 feet of the Northwest 1/2 of the Northwest 1/2 of the Northeast 1/2 (subject to easements) of Section 6, Township 29, Range 22. Parcel No. 06-29-22-12-0003 : Ex S 400 feet; the East 546.25 feet of North '/2 of Northwest / of Northeast / (subject to roads) In Section 6 Township 29, Range 22. WHEREAS, Owner wishes to use the land for aggregate stockpiling and recycling, which is a use allowed as an "Interim Use" by the City's zoning district regulations governing the land; WHEREAS, Owner holds a current Interim Use Permit allowing the same use sought in the current application, under which Owner maintains the plans and financial securities required of this type of land use under City Code; WHEREAS, Owner's use under its existing permit has complied with the requirements of that permit and of City Code for the 10 -year term of the permit; WHEREAS, the current Interim Use Permit is due to expire on September 30, 2009, and the applicant must obtain a new Interim Use Permit in order to continue the land use; WHEREAS, Owner has complied with the requirements of City Code Chapter 921 by supplying information to the City in support of the application; WHEREAS, on , 2014, the Little Canada City Council conditionally approved a new Interim Use Permit for a period of five (5) years, provided that Owner entered into an Interim Use Permit Agreement (also referred to in the record as a "Development Contract") with the City outlining terms and conditions of the use and its planned phase-out for a use identified as a permitted or conditional use under City Code; WHEREAS, Owner and the City intend to execute a new Interim Use Agreement which states all permit terms and conditions, and replaces all prior agreements between the parties on this subject; and NOW THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, the City and the Owner agree as follows: Representations of the City 1. The City is a municipal corporation of the State of Minnesota, duly organized and existing under State law. The City has the authority to enter into this Agreement and carry out its obligations hereunder.