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• <br />• <br />• <br />11) So as to maintain compatibility with the surrounding area and to protect the health, <br />safety and general welfare of the public, the City Council may impose additional <br />limitations, conditions or requirements as it deems necessary. <br />Considering the remote location of the site and the surrounding uses, staff <br />does not have any special conditions it feels are necessary to protect the <br />surrounding area. <br />12) The operator and property owner shall enter into a Performance Agreement with <br />the City, and financial sureties shall be posted prior to any site disturbance. <br />The Performance Agreement will include Arnt Construction (operator) and <br />Paul Miller (property owner) as parties to the agreement and hold both liable <br />for site reparations. <br />Planning and Zoning Board <br />The applicant's request for an Interim Use Permit at 2209 Phelps Road was <br />recommended for approval by the Planning and Zoning Board on June 8, 2011 based <br />on the conditions of approval included in Resolution Number 11 -64. <br />Performance Agreement <br />In accordance with City policy, staff has prepared a Performance Agreement for 2209 <br />Phelps Road, Arnt Temporary Batch Plant. The agreement provides for the following: <br />1. Submittal by the developer of a Letter of Credit representing the development <br />improvement costs. This includes grading of the site for the use, restoration of <br />the site upon completion, and any repair /maintenance of the surrounding <br />roadway associated with the use. <br />2. Deposit of a cash escrow to reimburse the City for costs incurred by the City <br />related to the review and development of the site. <br />The Developer has reviewed the contract and is aware of the conditions set forth. <br />Recommendation <br />Staff recommends approval of an Interim Use Permit for a Temporary Batch <br />Plant at 2209 Phelps Road, subject to the conditions in Resolution No. 11 -60. <br />ii. Staff recommends approval of Resolution No. 11 -68, authorizing the execution of <br />a Performance Agreement for this project. <br />Attachments <br />1. Resolution No. 11 -60 <br />2. Resolution No. 11 -68 <br />3. Performance Agreement <br />4. Arnt Site Plan submitted May 19, 2011 (with staff notes) <br />P44 <br />