HomeMy WebLinkAbout2013-095 Council Resolution•
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CITY OF LINO LAKES
RESOLUTION NO. 13 -95
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
WHEREAS, 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
WHEREAS, 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, 11 -96, 12 -15 and 13 -32; 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; and
WHEREAS, there have been no changes in the official controls of the city that would require
changes to the proposed Planned Unit Development.
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes,
1. A PUD Final Plan/Final Plat application for the CUP /PUD, approved with Resolution
No. 07 -142, must be submitted by April 1, 2014.
2. Construction shall begin within six months of final plat approval.
3. All of the conditions of approval included in Resolution No. 07 -142 continue to apply.
Adopted by the Council of the City of Lino Lakes this 9th day of September, 2013.
The motion for the adoption of the foregoing resolution was introduced by Council Member
O' Donnell and was duly seconded by Council Member Roeser and upon
vote being taken thereon, the following voted in favor thereof:
O'donnell, Roeser, Rafferty, Stoesz,Reinert
The following voted against same:
none
ATTEST:
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lia ne Bartell, Cit Clerk
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CITY COUNCIL
AGENDA ITEM IF
STAFF ORIGINATOR: Katie Larsen
MEETING DATE: September 9, 2013
TOPIC: Consideration of Resolution No. 13 -95
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 October 1, 2013 and the recommendation is to
extend it to April 1, 2014.
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. 13 -95 granting an extension of time for submittal of the PUD Final
Plan/Final Plat and for construction to begin under the Conditional Use Permit for Moon Marsh.
ATTACHMENTS
1. Resolution Number 13 -95