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HomeMy WebLinkAbout2008-140 Council Resolution• Council Member Gallup introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08- 140 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 1005 -1 of Ordinance No. 04 -03, the city's Subdivision and Platting Ordinance, requires a final plat be submitted within one year of approval of the preliminary plat; and WHEREAS, a request has been submitted to the City to extend the time allowed for submittal of a final 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; 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 August 11, 2009. 2. Construction on the motor fuel station and car wash approved with Resolutions No. 08 -18 and 08 -19 shall begin by December 31, 2009. 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: rtell, C y Clerk Adopted by the Lino Lakes City Council this 24th day of November, 2008. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Stoltz and upon vote being taken thereon, the following voted in favor thereof: Gallup, Stoltz, Reinert, O'Donnell, Bergeson The following voted against same: John( Bergson, ". yor none Whereupon said resolution was declared duly passed and adopted. Resolution No. 08 -140, page 2 • • STAFF ORIGINATOR: C.C. MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND AGENDA ITEM 1 E Jeff Smyser November 24, 2008 Consideration of Resolution No. 08- 140 Main Street Village Extension of Time • Conditional Use Permit for Planned Unit Development — Development Stage Plan • Conditional Use Permit for a Motor Fuel Station • Conditional Use Permit for Commercial Car Wash Simple Majority 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. For a conditional use permit (CUP), construction must begin within one year of approval. A planned unit development (PUD) — development stage plan must be followed by the PUD -final plan application within twelve months. In addition, a final plat must be submitted within one year of the preliminary plat approval. The applicant will not be able to meet these deadlines due to the widespread slowdown in development in the region. The Zoning Ordinance allows extending the PUD -final plan deadline for a total of six months. Six months beyond the existing deadline of February 11, 2009 results in a new deadline of August 11, 2009 for a final plan application. There is no specified extension time for a CUP. Since all the CUPs of this project depend on the PUD approval, the PUD -final plan must be submitted and approved before any construction work for the fuel station and car wash can begin. So, these two CUP extensions should be longer than the PUD extension. It is reasonable to assume that several months would pass after that before construction on the fuel station and car wash begin. For record keeping purposes, staff is recommending December 31, 2009 as the new deadline for construction to begin on the fuel station and car wash. A full final plan application will be required when the developer is ready to proceed, which will • include an escrow deposit per the city's fee schedule. • • • OPTIONS 1. Approve Resolution No. 08- 140 granting extensions for submitting the PUD -final plan (final plat) and for construction to begin on the fuel station and carwash. 2. Deny Resolution No. 08- 140. 3. Return to staff with direction. RECOMMENDATION Option 1, approve Resolution No. 08- 140.