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.
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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
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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
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include an escrow deposit per the city's fee schedule.
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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.