2007-124 Council Resolution - Laserfiche WebLink

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• • • CONDITIONAL USE PERMIT The City Council previously approved extensions of the `initiation date' for construction activities to begin on the site. The zoning ordinance requires construction to begin within 12 months after the Conditional Use Permit was approved. The construction did begin in a timely manner after the final extension was granted. However, the zoning ordinance also requires `substantial construction' be completed within 36 months of the approval. Since the extensions of time previously granted by the City Council did not specifically extend this `substantial construction' date, staff is requesting that this be done at this time to clarify that the `substantial construction' of the project would be required to be completed by October 31, 2007. SITE AND BUILDING PLANS The Zoning Ordinance requires initiation of construction within six months of approval. This deadline was extended by both of the Extension of Times to a date of 9/23/2005. As construction did begin prior to this date, the Site and Building Plans approval is therefore deemed to be active and up to date at this time. SITE IMPROVEMENT PERFORMANCE AGREEMENT The Site Improvement Performance Agreements does not have an expiration date and is in full force and effect until completion of the project. The agreement does include a section titled `Completion Date' which sets a deadline for the project to be completed. The activities authorized by site and building plan approval shall be initiated within six (6) months. If such activity is not completed within eighteen (18) months, the site approval shall no longer be in effect, and re- application and approval of site and building plans shall be required unless an extension is granted by the City. If the construction on the site is not completed within the 18 months, the city may grant an extension to the completion date. If this time is not extended by the city the developer is in breach of contract. A breach does not void the agreement, but rather requires the city to use the `Remedies For Breach' portion of the contract to guarantee satisfaction. Under the terms of the agreement the City may direct the Developer to undertake and complete the work in a specified reasonable time. As the developer is still making progress towards completion of the project and has indicated that all work can be completed by November 1, 2007; staff is recommending that the Completion Date for the Performance Agreement be extended to that date. PERIMETER LANDSCAPING At the previous City Council meeting, neighbor's expressed a concern over the perimeter landscaping of the site. The original approvals did require that perimeter landscaping be provided in accordance with the zoning ordinance. Since the meeting the developer has been working with the neighbors to address the perimeter landscaping requirements of