HomeMy WebLinkAbout2011-084 Council ResolutionCouncil MemberRaf f erty introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 11-84
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/Final Plat be submitted within one year of approval of the PUD Development Stage Plan
but allows an extension for six month intervals; 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; and
WHEREAS, the City Council approved previous extensions of project deadlines with Resolution
No. 09 -76, Resolution No. 10 -33, Resolution No. 10 -77, and Resolution No. 11 -29; 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 March 1, 2012.
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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:
u ie ell, City Cler
Adopted by the Lino Lakes City Council this 22nd day of August, 2011.
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, O'Donnell, Gallup, Reinert
Jeff Reinert, ' a • r
• The following voted against same:
Whereupon said resolution was declared duly passed and adopted.
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Resolution No. 11 -84, page 2
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AGENDA ITEM 6 B
STAFF ORIGINATOR: Jeff Smyser
C.C. MEETING DATE: August 22, 2011
TOPIC: Consideration of Resolution No. 11 -84
Main Street Village Extension of Time
VOTE REQUIRED: 3/5
BACKGROUND
In February 2008, the City Council approved the Main Street Village project, including:
- Conditional Use Permit for a Planned Unit Development (PUD) Development Stage
Plan/Preliminary Plat (Resolution No. 08 -17); and
- Conditional Use Permit for a Motor Fuel Station (Resolution 08 -18); and
- Conditional Use Permit for Commercial Car Wash (Resolution 08 -19)
A PUD Development Stage Plan must be followed by the Final Plan application within twelve
months under the zoning ordinance. Likewise, a final plat must be submitted within one year of
the preliminary plat approval under the subdivision regulations. For a conditional use permit
(CUP), construction must begin within one year of approval.
Our ordinances allow extensions, which were granted in September 2009, April 2010, September
2010, and March 2011 (Resolutions 09 -76, 10 -33, 10 -77, and 11 -29). A PUD can be extended
for period of six months under the zoning ordinance.
When built, this project would provide new commercial tax revenue 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. 11 -84 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. 11 -84.
3. Return to staff with direction.
RECOMMENDATION
Option 1