HomeMy WebLinkAbout2012-015 Council Resolution•
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Council MemberRafferty introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 12 -15
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 Resolution Nos. 08 -106, 09 -78, 10 -35, 10-
87, 11 -31 and 11 -96; 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. A PUD Final Plan /Final Plat application for the CUP /PUD approved with Resolution
No. 07 -142 must be submitted by October 1, 2012.
2. Construction shall begin within six months of final plat approval.
BE IT FURTHER RESOLVED that all of the conditions of approval included in
Resolution No. 07 -142 continue to apply.
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ATTEST:
Ju ie
artell, City Jerk
Adopted by the Lino Lakes City Council this 27th day of February, 2012.
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, Stoesz, Reinert
The following voted against same:
none
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 11 -96, page 2
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CITY COUNCIL
AGENDA ITEM 1G
STAFF ORIGINATOR: Paul Bengtson
MEETING DATE: February 27, 2012
TOPIC: Consideration of Resolution No. 12 -15
Extension of Time for Moon Marsh
VOTE REQUIRED: 3/5
INTRODUCTION
In 2007 the City Council approved a Conditional Use Permit and Planned Unit Development
(PUD) Development Stage Plan for the Moon Marsh project with Resolution No. 07 -142. The
site has not been developed, but the owner is still interested in pursuing the project.
BACKGROUND
The Zoning Ordinance requires that a PUD Development Stage Plan be followed by the PUD
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. The project did not meet these deadlines due to the widespread slowdown in
development in the region, and the City has granted several extensions. The current submittal
deadline for the PUD Final Plan/Final Plat is April 1, 2011, and the recommendation is to extend
it to October 1, 2012.
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. The
preservation of open space on this site will be a step in the implementation of the City's larger
greenway vision, a foundation of the Comprehensive Plan.
RECOMMENDATION
Approve Resolution No. 12 -15 granting an extension of time for submittal of the PUD Final
Plan/Final Plat and for construction to begin under the Conditional Use Permit.
ATTACHMENTS
1. Resolution Number 12 -15