Agenda - Council - 03/24/2009 - Laserfiche WebLink

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Commission shall make a recommendation for approval, denial, or modification to the Council. The Planning Commission shall draft findings of fact to support a recommendation of denial. .The Council shall review the site plan submittal and either approve the site plan or adopt findings of fact and deny. the application. The Council may, as a condition of approval, require certain additional conditions in the proposed development permit. _ Subd. 54. Development Permit. Following site plan approval and prior to construction of any required site. improvements, the applicant shall enter into a development permit with the City.: Development Permits of Administrative Site Plan Review shall be improved administrativelkby the Zoning Adinu7istrator. Development Permits for Full Site Plan Review shall be approved by Council by motion.__ This permit shall require the applicant to construct all improvements on the site at the applicant's sole expense, unless otherwise approved by City Council, and in accordance with City plans and specifications. The Developer shall sign the permit and deposit any required escrow with the City prior to receipt of any building permits and will complete all improvements permitted by the Development Permit within one year of the date of site plan approval unless otherwise approved by Council. Thereafter, the Council may extend the period upon written application by the Developer, .subject to applicable performance conditions and requirements, or the Council may require submission of a new site plan. application. Said contract shall reaffirm that the City will be reimbursed for all costs incurred by the City for processing and administration of the application. To ensure that the site is developed in accord with the approved plans and City specifications, the applicant shall provide a cash escrow, certificate of deposit, letter of credit from an acceptable financial. institution, performance bond, or pledge and payment. The financial security. shall be in an amount which equals 150% of the estimated construction cost of all required City improvements (as estimated by the City Engineer} as outlined in this chapter exclusive of the cost of the actual building(s) to be constructed on the site. 'The financial security required herein may be used by the City to install or complete any of the City's required on-site improvements in the event the applicant fails to do so. Upon request by the applicant, the .City may release the financial security in partial payments on a pro rata basis as the various on-site improvements are completed to the satisfaction of the City Engineer. Upon final approval by the City Engineer certifying that all on-site improvements have been completed in accordance with the development agreement and City standards, the remaining financial security shall be released to the applicant. The permit shall also provide that it is binding on all heirs, assigns, and successors of the applicant. A copy of the permit shall be kept on file as part of the permanent record of the site. -137-