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HomeMy WebLinkAbout2009-076 Council Resolution• • Council Member Reinert introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 09-76 RESOLUTION APPROVING AN EXTENSION OF TIME ON THE PLANNED UNIT DEVELOPMENT — DEVELOPMENT STAGE PLAN, FINAL PLAT, AND CONDITIONAL USE PERMITS FOR MAIN STREET VILLAGE WHEREAS, on February 11, 2008 the City Council granted approvals for the Main Street Village project with the following actions: - Resolution No. 08 -17, a Conditional Use Permit for a Planned Unit Development - Development Stage Plan/Preliminary Plat; and - Resolution No. 08 -18, a Conditional Use Permit for a Motor Fuel Station; and - Resolution No. 08 -19, a Conditional Use Permit for Commercial Car Wash. and WHERAS, Section 2, Subd. 10.F.8.g. of Ordinance No. 08 -03, the City's Zoning Ordinance, requires that a PUD -final plan be submitted within one year of approval of the PUD - development stage plan; and WHERAS, Section 2, Subd. 2.B.11. of the City's Zoning Ordinance states that if construction has not begun within one year of approval of a conditional use permit the permit is void; and WHERAS, Section 1001.055 of City Code (Subdivision Regulations) requires a final plat be submitted within one year of approval of the preliminary plat; and WHEREAS, the motor fuel station and car wash approved with Resolutions 08 -18 and 08 -19 cannot receive building permits until the final plat has been approved; WHEREAS, the City Council approved an extension of project deadlines on November 24, 2008 with Resolution No. 08- 140; and WHEREAS, Ordinance No. 05 -09 amended the Zoning Ordinance to allow an extension of a Planned Unit Development after the deadline date passes, for six months at a time; and WHEREAS, a request has been submitted to the City for additional extension; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves the following extensions: • 1. A PUD -final plan/final plat application for the CUP /PUD approved with Resolution No. 08 -17 must be submitted by April 1, 2010. • • 2. Construction on the motor fuel station and car wash approved with Resolutions No. 08 -18 and 08 -19 shall begin within six months of final plat approval. BE IT FURTHER RESOLVED, that all of the conditions of approval included in Resolution Nos. 08 -17, 08 -18, and 08 -19 continue to apply. ATTEST: Adopted by the Lino Lakes City Council this 28th day of September, 2009. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Gallup and upon vote being taken thereon, the following voted in favor thereof: Reinert, Gallup, O'Donnell, Bergeson The following voted against same: none (Absent - Stoltz) Whereupon said resolution was declared duly passed and adopted. Resolution No. 09 -76, page 2 • • AGENDA ITEM 6 C i STAFF ORIGINATOR: Jeff Smyser C.C. MEETING DATE: September 28, 2009 TOPIC: Consideration of Resolution No. 09 -76 Main Street Village Extension of Time VOTE REQUIRED: 3/5 BACKGROUND 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. A planned unit development (PUD) development stage plan must be followed by the PUD final plan application within twelve months. Similarly, a final plat must be submitted within one year of the preliminary plat approval. For a conditional use permit (CUP), construction must begin within one year of approval. Ordinances allow extending these approvals. They were extended once on November 24, 2008 with Resolution No. 08- 140. The PUD final plan/final plat submittal was extended to August 11, 2009. The CUPs for the motor fuel station and the car wash were extended to allow construction to begin by December 31. The applicant will not be able to meet these deadlines due to the widespread slowdown in development in the region. This project would provide some new commercial tax base near the I -35E interchange. The recommendation is to extend the deadlines Since the final plat must be approved prior to construction of the infrastructure needed by any uses on the site, construction of the gas station and car wash can begin later than the final plat submittal. OPTIONS 1. Approve Resolution No. 09 -76 granting extensions for submitting the PUD -final plan /final plat and for construction to begin on the motor fuel station and carwash. 2. Deny Resolution No. 09 -76. 3. Return to staff with direction. • RECOMMENDATION Option 1