HomeMy WebLinkAbout2009-078 Council Resolution•
Council Member Reinert introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 09-78
APPROVING AN EXTENSION OF TIME ON THE
CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT
DEVELOPMENT STAGE PLAN AND A FINAL PLAT FOR MOON MARSH
WHEREAS, on September 10, 2007 the City Council granted approvals for the Moon Marsh
project with Resolution 07 -142 approving a Conditional Use Permit for a Planned Unit
Development and PUD Development Plan/Preliminary Plat; and
WHEREAS, Section 2, Subd. 10.F.8.g. of Ordinance No. 08 -03, the City Code 's Zoning
Ordinance, requires that a PUD -final plan be submitted within one year of approval of the PUD -
development stage plan; and
WHEREAS, 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, 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
WHEREAS, the City granted one extension with Resolution 08 -106; 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;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes
hereby approves the following extensions:
1. Submittal of the PUD -final plan/final plat application for the Planned Unit Development
approved with Resolution No. 07 -142.
2. Beginning of construction under the Conditional Use Permit requirement.
BE IT FURTHER RESOLVED that these extensions are subject to the following conditions:
1. The escrow account must be paid in full prior to any additional City review, action, or
activity that would incur additional charges against the escrow.
2. The PUD final plan/final plat must be submitted by April 1, 2010.
11 3. Construction must begin within six months of final plat approval.
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4. All of the conditions of approval included in Resolution No. 07 -142 continue to apply.
ATTEST:
Julie B ell, Ci ', Clerk
Adopted by the Lino Lakes City Council this 28th day of September, 2009.
The motion for the adoption of the foregoing
Gallup
voted in favor thereof:
Reinert, GAllup, O'Donnell,
The following voted against same:
none (Absent - Stoltz)
resolution was duly seconded by Council Member
and upon vote being taken thereon, the following
Bergeson
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 09 -77, page 2
AGENDA ITEM 6 C iii
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STAFF ORIGINATOR: Jeff Smyser
C.C. MEETING DATE: September 28, 2009
TOPIC: Consideration of Resolution No. 09 -78
Extension of Time for Moon Marsh
VOTE REQUIRED: Simple Majority
BACKGROUND
In 2007 the City Council approved the Moon Marsh project with Resolution No. 07 -142. This
approved a Conditional Use Permit for a Planned Unit Development and PUD Development
Stage Plan/Preliminary Plat.
A PUD development stage plan must be followed by the final plan application within twelve
months. Likewise, a final plat must be submitted within one year of the preliminary plat
approval. Construction must begin within one year of approval of a conditional use permit. The
project did not meet these deadlines due to the widespread slowdown in development in the
region. The recommendation is to extend the PUD final plan/final plat to April 1, 2010.
The preservation of open space on this site will be a step in the implementation of the City's
larger greenway vision. The Moon Marsh site includes a high value natural resource area.
Permanent open space is to be created within the site that will be placed in a permanent
conservation easement.
OPTIONS
1. Approve Resolution No. 09 -78 granting an extension for submitting the PUD -final plan /final
plat.
2. Deny Resolution No. 09 -78.
3. Return to staff with direction.
RECOMMENDATION
Option 1
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