HomeMy WebLinkAbout2010-087 Council Resolution•
O'Donnell
Council Member introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 10 -87
APPROVING AN EXTENSION OF TIME FOR THE
CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FINAL
PLAN AND 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
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 City granted extensions with Resolutions 08 -106, 09 -78, and 10 -35; and
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. 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, 2011.
3. Construction must begin within six months of final plat approval.
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4. All of the conditions of approval included in Resolu ; ► - 1 o. 07 -142 continue to apply.
ATTEST:
Julie B ell, Cit Clerk'
Jeff Reine , ayor
Adopted by the Lino Lakes City Council this 27`h day of September, 2010.
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:
O'Donnell, Roeser,Rafferty, Gallup, Reinert
The following voted against same:
none
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 10 -87, page 2
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AGENDA ITEM 6 B iii
STAFF ORIGINATOR: Jeff Smyser
C.C. MEETING DATE: September 27, 2010
TOPIC: Consideration of Resolution No. 10 -87
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, 2011.
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. 10 -87 granting an extension for submitting the PUD -final plan /final
plat.
2. Deny Resolution No. 10 -87.
3. Return to staff with direction.
RECOMMENDATION
Option 1