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RESOLUTION No. 14- STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION APPROVING PLANNED UNIT DEVELOPMENT CONSTRUCTION COMMENCEMENT AND COMPLIANCE DATES APPROVED PER RESOLUTION 13 -076 AND 14 -034. WHEREAS, a request has been made by Pulte Homes to extend the Planned Unit Development (PUD) Commencement and Compliance Dates approved as part of the overall PUD approval of September 24, 2013 regarding the Enclave at New Brighton Exchange project, and WHEREAS, the procedural history of the application is as follows: 1. The Planning Commission recommended approval of the final PUD for Phase 1 of the Enclave at New Brighton Exchange project on September 17, 2013. 2. Subsequently, the City Council approved the final PUD for Phase 1 of the Enclave at New Brighton Exchange project on September 24, 2013. 3. Resolution 13 -076 was adopted by the City Council on September 24, 2013 outlining 14 conditions of approval for Phase 1 of the Enclave at New Brighton Exchange. 4. Condition #6 of Resolution 13 -076 specifies a construction Commencement Date of June 1, 2014 and a Compliance Date of December 31, 2018. 5. On May 13, 2014 the City Council adopted Resolution 14 -034 approving extensions to the Commencement and Compliance Dates declared in Resolution 13 -076, and declaring July 31, 2014 as the extended Commencement Date and July 31, 2019 and the extended Compliance Date 6. In accordance with Zoning Code Section 7 -250 (3), commencement and compliance dates must be specified for each phase of development approved through a PUD and the City Council may extend these dates if requested in advance of their expiration. 7. Pulte Homes is requesting these date extensions as it continues to take longer than anticipated to obtain Minnesota Pollution Control Agency approval for the project and these unforeseen delays make the applicant unable to meet the Commencement and Compliance Dates last specified in Resolution 14 -034. 8. Further, the Pulte Homes requests these extensions because they maintain their commitment to this project. 9. The City Council considered this latest extension request on July 22, 2014. Now THEREFORE BE IT RESOLVED, per Zoning Code Section 7 -250 (3) the PUD Commencement and Compliance Dates are hereby extended to October 15, 2014 and December 31, 2019 respectively, subject to the following condition: 1. Continued compliance with Resolution 13 -076. I: \COUNCIL\REPORTS\2014 \Community Development \7- 22- 2014\PUD commencement_ compliance date extension (Pulte) - RESOLUTION.doc 1