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• <br />The proposed ordinance amendment would add `Temporary Batch Plant' to <br />the Interim Uses list of the Light Industrial zoning district. <br />d. The date or event that will terminate the use can be identified with certainty. <br />The Performance Agreement will include a termination date of 10/15/2011 <br />or 30 days after the completion of the 135E reconstruction project <br />whichever comes first. Any variation from this clause will require consent <br />by all parties involved, including the City Council. <br />e. The use will not impose additional costs on the public if it is necessary for the <br />public to take the property in the future. <br />The Performance Agreement will include a termination date of 10/15/2011 <br />or 30 days after the completion of the 135E reconstruction project <br />whichever comes first. Additionally, securities will be collected <br />guaranteeing that site reparations are completed. <br />f. The user agrees to any conditions that the City Council deem appropriate for <br />permission of the use. <br />The Performance Agreement may be written to include any conditions the <br />City Council deems appropriate. <br />Finding 3. The proposed interim use permit has been compared to and found to be <br />consistent with the mitigation plan of the I -35E Corridor Alternative Urban <br />Areawide Review. <br />NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves an <br />Interim Use Permit for a Temporary Batch Plant subject to the following conditions of <br />approval: <br />Conditions of Approval <br />1. This interim use permit is for a Temporary Batch Plant. <br />2. This interim use permit is issued to and applies only to the property at 2209 Phelps <br />Road, PID 243122420014, and only that part of the property that is north of Phelps <br />Road. This interim use permit is issued to the property. <br />3. This interim use permit is effective 30 days after publication of Ordinance Number <br />13 -11. <br />4. This interim use permit is effective until October 15, 2011 or 30 days after the <br />Interstate 35E project is completed, whichever is sooner. <br />4. Prior to commencing the Batch Plant authorized by this interim use permit, a permit <br />