HomeMy WebLinkAbout2010-033 Council Resolution• Rafferty
Council Member introduced the following resolution and moved its adoption:
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CITY OF LINO LAKES
RESOLUTION NO. 10-33
RESOLUTION APPROVING AN EXTENSION OF TIME ON THE PLANNED UNIT
DEVELOPMENT FINAL 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 the City's Zoning Ordinance, requires that a PUD -final
plan be submitted within one year of approval of the PUD- development stage plan but allows an
extension for six month intervals, and the extension can be approved after the deadline date
passes; 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 unless an extension is requested
and for good cause is granted by the City Council; 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 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 extensions of project deadlines on with Resolution No.
09 -76; and
WHEREAS, a request has been submitted to the City for additional extension;
WHEREAS, the City Council finds that there is good cause to grant an extension because the
economic conditions of the real estate market have affected development nationally, regionally,
and locally;
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 October 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 6 t day of ; April , 2 01 0 .
The motion for the adoption of the foregoing resolution was duly seconded by Council Member
Roeser and upon vote being taken thereon, the following
voted in favor thereof:
Rafferty, Roeser, Gallup, O'Donnell, Reinert
The following voted against same:
none
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 10 -33, page 2
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AGENDA ITEM 6 D i
STAFF ORIGINATOR: Jeff Smyser
C.C. MEETING DATE: April 26, 2010
TOPIC: Consideration of Resolution No. 10 -33
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, and they were extended with Resolution No. 09 -76.
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. 10 -33 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. 10 -33.
3. Return to staff with direction.
RECOMMENDATION
Option 1