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• • STAFF ORIGINATOR: C.C. MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND AGENDA ITEM 1 E Jeff Smyser November 24, 2008 Consideration of Resolution No. 08- 140 Main Street Village Extension of Time • Conditional Use Permit for Planned Unit Development — Development Stage Plan • Conditional Use Permit for a Motor Fuel Station • Conditional Use Permit for Commercial Car Wash Simple Majority On February 11, 2008, the City Council approved the Main Street Village project. This included the approval of three resolutions: - Resolution No. 08 -17 for a Conditional Use Permit for a Planned Unit Development - Development Stage Plan/Preliminary Plat; and - Resolution 08 -18 for a Conditional Use Permit for a Motor Fuel Station; and - Resolution 08 -19 for a Conditional Use Permit for Commercial Car Wash. For a conditional use permit (CUP), construction must begin within one year of approval. A planned unit development (PUD) — development stage plan must be followed by the PUD -final plan application within twelve months. In addition, a final plat must be submitted within one year of the preliminary plat approval. The applicant will not be able to meet these deadlines due to the widespread slowdown in development in the region. The Zoning Ordinance allows extending the PUD -final plan deadline for a total of six months. Six months beyond the existing deadline of February 11, 2009 results in a new deadline of August 11, 2009 for a final plan application. There is no specified extension time for a CUP. Since all the CUPs of this project depend on the PUD approval, the PUD -final plan must be submitted and approved before any construction work for the fuel station and car wash can begin. So, these two CUP extensions should be longer than the PUD extension. It is reasonable to assume that several months would pass after that before construction on the fuel station and car wash begin. For record keeping purposes, staff is recommending December 31, 2009 as the new deadline for construction to begin on the fuel station and car wash. A full final plan application will be required when the developer is ready to proceed, which will • include an escrow deposit per the city's fee schedule.