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HomeMy WebLinkAboutResolution No. 150-21 - Planned Unit Development Amendment CD2020-001PUD-A Miracle Mile RESOLUTION Approving of Planned Unit Development Amendment CD2020-001PUD-A, located east of 17Ave. SW, and north of 1SW of 16Ave. SW in the Miracle Mile Shopping Center. WHEREAS, Javon Bea, owner, requested approval for Planned Unit Development Amendment CD2021-003PUD-A, to approve a set of revised plans for the Miracle Market development. The development, as constructed, does not match the plans approved by City Council in 2017; and WHEREAS, the project is being proposed through the Planned Unit Development Amendment process; and WHEREAS, the proposal is consistent with Comprehensive Plan 2040; and WHEREAS, the Council adopts staff findings as attached to the staff memo dated June 23, 2021, and finds the proposal meets the regulations applicable to Restricted Development (62.707, 62.708) and Conditional Use Permits (60.146); and WHEREAS, on June 23, 2021, the City of Rochester Planning Commission held a public hearing to consider this application, and adopted the findings of fact and recommended approval subject to four conditions; and WHEREAS, on July 19, 2021, the City of Rochester Common Council held a public hearing to consider this application, adopted the findings of fact, and recommended approval subject to the conditions proposed by the Planning Department. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that, based upon the above-stated findings of fact, the Applicant has shown by a preponderance of the evidence submitted at the public hearing that it has satisfied the above criteria subject to the imposition of the below-stated four conditions of approval. 1. Approval of this PUD Amendment is subject to the owner executing a City Prepared Revocable Permit Agreement to address the terms and conditions for the placement, maintenance, and future removal of the private improvements within the public right-of- way and easement areas. This shall be completed and recorded prior to issuance of a certificate of occupancy. 2. The applicant shall provide exterior artwork on the east façade, or upon the northeast patio space, in lieu of the previously represented window shown in the original proposal. 3. The existing fence adjacent to the storage area may remain, provided the fence is augmented with a durable screening material applied, which results in 100% opaqueness. This shall be completed prior to issuance of the certificate of occupancy. 1 4. The upper patio must be accessible by providing a 1 to 20 ramp structure, to the satisfaction of Community Development – Building Safety Division. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2021. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: __________________________ CITY CLERK APPROVED THIS _____ DAY OF ______________________, 2021. ___________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) 2