Agenda - Council - 05/14/2013 - Laserfiche WebLink

Home

contract with Forest Lake Contracting is a requirement for a bond to be posted with the Applicant once the first work is done on site to ensure that the project is completed. The Planning Commission held a public hearing on May 2, 2013 and there were no verbal or written comments received. In reviewing the request with the Applicant, the Planning Commission determined that the concern really wasn't with the length of the permit but rather the duration of the excavation, grading and hauling activities. Alternative Options 1) Approve the request for an extension of the IUP. Per City Code, interim use permits can be approved for up to five (5) years. The creation of a wetland mitigation bank within the community will be an asset for potential future private and public development projects (if they have wetland impacts). Considering that the work has yet to begin, Staff is supportive of extending the expiration date of the IUP to May 14, 2018 (five [5] years) on the condition that once excavation and hauling commences, that work be completed within twelve (12) months. 2) Deny the request for an extension and require the work to be completed in compliance with the terms of the existing IUP. Work has not yet begun on site and it may be somewhat weather dependent in terms of when it could commence this spring. There were no written or verbal comments received at the initial public hearing in 2012 opposing this request and Staff is not aware of any major changes in uses in the area that would be adversely affected by the project. Staff does not believe this option to be desirable. Recommendation: The Planning Commission recommends approval of the Interim Use Permit with the following conditions (each of which have been incorporated into the proposed Interim Use Permit): • The IUP shall expire five (5) years from the date of City Council approval; and • Excavating and hauling activities, once started, shall be completed within twelve (12) months; and • The City shall be named on the contractor's bond; and • Applicant shall be responsible for informing the City and surrounding residential properties prior to commencing excavation work. Funding Source: All costs associated with the application are the responsibility of the Applicant. Council Action: Motion to adopt Resolution #13-05-068 adopting Findings of Fact relating to the request for an extension of an existing Interim Use Permit. -and- Motion to adopt Resolution #13-05-069 approving the request for an extension of an existing Interim Use Permit to May 14, 2018 and declaring the terms as proposed, including the Planning Commission's recommended conditions. Attachments Site Location map July 24, 2012 City Council Case Report Proposed Wetland Creation Plan and Haul Route Aerial Exhibit Draft Planning Commission Meeting Minutes Dated May 2, 2013 Proposed Findings of Fact Proposed Interim Use Permit Form Review