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HomeMy WebLinkAbout2007-124 Council ResolutionCouncil Member Reinert introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07-124 RESOLUTION EXTENDING THE SITE IMPROVEMENT PERFORMANCE AGREEMENT AND THE CONDITIONAL USE PERMIT FOR THE RUSSIAN BAPTIST CHURCH WHEREAS, the Site Building Plan Review and Conditional Use Permit for the Russian Baptist Church was approved with Resolution No. 02 -82 by the City Council on September 23, 2002, and WHEREAS, the City Council adopted Resolution 03 -148 on September 8, 2003, which extended the project initiation time for the project until June 30, 2004; and WHEREAS, the City Council adopted Resolution 05 -90 on July 11, 2005, which further extended the project initiation time for the project until September 23, 2005; and WHEREAS, the City Council adopted Resolution 05 -91 on July 11, 2005, which approved the Site Improvement Performance Agreement; and WHEREAS, the City's zoning ordinance and conditions of Site and Building Plan approval provide for the execution of a performance agreement to insure satisfactory completion of the improvements, • NOW, THEREFORE BE IT RESOLVED THAT the Lino Lakes City Council approves an extension of the substantial construction date required by the Conditional Use Permit issued to the Russian Baptist Church to no later than November 1, 2007. BE IT FURTHER RESOLVED THAT Lino Lakes City Council approves an extension of the Site Improvement Performance Agreement with Russian Baptist Church to require completion of construction activities by November 1, 2007, subject to the following condition of approval: 1. The perimeter screening of the site shall be completed in conformance with the requirements of Section 3.4.Q. of the City's Zoning Ordinance. ATTEST: e ' artell, City Cler Adopted by the Lino Lakes City Council this 24th day of September, 2007. 41U-- J : --fgeson, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: Stoltz, Carlson, O'Donnell, Reinert, Bergeson The following voted against same: none Whereupon said resolution was declared duly passed and adopted 4 Carlson • • • AGENDA ITEM 6.A. STAFF ORIGINATOR: Paul Bengtson C.C. MEETING DATE: September 24, 2007 TOPIC: Consideration of Resolution No. 07 -124: Russian Baptist Church • C.U.P. Completion Date Extension • Performance Agreement Extension VOTE REQUIRED: Simple Majority BACKGROUND 9/23/2002 The City Council approved the Site and Building Plans and Conditional Use Permit for the Russian Baptist Church per Resolution No. 02 -82 9/8/2003 The City Council approved an Extension of the project initiation for the for the Site and Building Plans and Conditional Use Permit per Resolution No. 03 -148 7/11/2005 The City Council approved a 2nd Extension of Time for the initiation of construction, extending the deadline to September 23, 2005 per Resolution No. 05 -90 7/11/2005 The City Council approved a Site Improvement Performance Agreement for construction of the Russian Baptist Church per Resolution No. 05 -91 7/25/2005 The Site Improvement Performance Agreement was executed by the developer and the city with full financial guarantees submitted As indicated above, the development project is covered by three levels of approval, including the Conditional Use Permit; Site and Building Plan Approval; and the Performance Agreement. Because of the multiple levels of controls the project is subject to multiple dates requiring the initiation of construction, substantial completion of construction, and ultimate completion of construction. Based on the previously indicated background information, the following deadlines are active at this time: Initiation Date Substantial Completion Ultimate Completion Conditional Use Permit 9/23/2005 9/23/2005 Not Applicable Site and Building Plans 9/23/2005 Not Applicable Not Applicable Performance Agreement 1/25/2006 Not Applicable 1/25/2007 • • • CONDITIONAL USE PERMIT The City Council previously approved extensions of the `initiation date' for construction activities to begin on the site. The zoning ordinance requires construction to begin within 12 months after the Conditional Use Permit was approved. The construction did begin in a timely manner after the final extension was granted. However, the zoning ordinance also requires `substantial construction' be completed within 36 months of the approval. Since the extensions of time previously granted by the City Council did not specifically extend this `substantial construction' date, staff is requesting that this be done at this time to clarify that the `substantial construction' of the project would be required to be completed by October 31, 2007. SITE AND BUILDING PLANS The Zoning Ordinance requires initiation of construction within six months of approval. This deadline was extended by both of the Extension of Times to a date of 9/23/2005. As construction did begin prior to this date, the Site and Building Plans approval is therefore deemed to be active and up to date at this time. SITE IMPROVEMENT PERFORMANCE AGREEMENT The Site Improvement Performance Agreements does not have an expiration date and is in full force and effect until completion of the project. The agreement does include a section titled `Completion Date' which sets a deadline for the project to be completed. The activities authorized by site and building plan approval shall be initiated within six (6) months. If such activity is not completed within eighteen (18) months, the site approval shall no longer be in effect, and re- application and approval of site and building plans shall be required unless an extension is granted by the City. If the construction on the site is not completed within the 18 months, the city may grant an extension to the completion date. If this time is not extended by the city the developer is in breach of contract. A breach does not void the agreement, but rather requires the city to use the `Remedies For Breach' portion of the contract to guarantee satisfaction. Under the terms of the agreement the City may direct the Developer to undertake and complete the work in a specified reasonable time. As the developer is still making progress towards completion of the project and has indicated that all work can be completed by November 1, 2007; staff is recommending that the Completion Date for the Performance Agreement be extended to that date. PERIMETER LANDSCAPING At the previous City Council meeting, neighbor's expressed a concern over the perimeter landscaping of the site. The original approvals did require that perimeter landscaping be provided in accordance with the zoning ordinance. Since the meeting the developer has been working with the neighbors to address the perimeter landscaping requirements of the ordinance. A condition of approval is being attached to the extension resolution that • will require appropriate perimeter landscaping. RECOMMENDATION Staff is recommending adoption of Resolution No. 07 -124 approving an extension of the Site Improvement Performance Agreement completion date and the substantial construction completion date of the Conditional Use Permit. ATTACHMENTS 1. Resolution No. 07 -124 • •