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HomeMy WebLinkAboutResolution No. 120-12 1/40 RESOLUTION • WHEREAS, Glimcher Group, Inc., applied for an amendment to the Arboretum Special District Northwest Plaza Final Site Plan #R00001SD to permit the construction of a 6,995 square foot freestanding building to be located in the existing parking lot area east of the Home Choice and Fashion Bug stores at the intersection of 55th Street NW and the West Frontage Road of Hwy. 52 North; and, WHEREAS, the proposed development is subject to the provisions of Ordinance #2247, which establishes the Arboretum Special District and provides for procedures for approval of projects within the Special District. In this instance, a Type III, Phase II review procedure is necessary for both the project development plan phase and the final development plan phase of the review. This requires public hearings at both the Planning Commission and the City Council. According to R.C.O. §60.327, this application will need to be measured against the criteria applicable for conditional use permits (Section 61.146); and, WHEREAS, with respect to R.C.O. §61.146 and assuming this application were approved subject to conditions or modifications, the Planning Department staff suggests that findings within this Section could not be made to support denial of this request; and, WHEREAS, on February 22, 2012, the Rochester Planning and Zoning Commission held a public hearing on this special district final site plan amendment, reviewed the application according to the requirements of Section 61.146, and recommended approval of the pplication subject to the following conditions: 1. Grading and Drainage Plan approval may be required for the building and parking changes. Please contact Matt Crawford @ 328-2411 to discuss grading plan/permit requirements. 2. Execution of a City-Owner Contract, and dedication of any applicable off- site public easements will be required if construction of any public infrastructure is necessary for the development. 3. The applicant shall complete the access modifications and additional curbing that are shown on the plan labeled Northwest Plaza Traffic Reviewed and was received by the Planning Department on 2/13/12. Said modifications and curbing shall be completed concurrent with the construction of the freestanding restaurant. 4. A public water main with a fire hydrant will need to be extended to this area by the owners to properly serve the proposed building. A 20' minimum public utility easement will need to be dedicated across adjacent lots for the public water main. • 1 • 5. The review of the building and utilities to the site shall be reviewed through the Site Development Plan review process. WHEREAS, the Common Council held a public hearing on the special district final site plan amendment on March 19, 2012, and permitted all interested persons to be heard; and, WHEREAS, based upon a preponderance and substantial weight of the evidence submitted at the March 19th public hearing, the Common Council determines that the Applicant satisfied the criteria of Section 61.146 if the above five conditions were satisfied. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that the Amendment R00001 SD to the Arboretum Special District Northwest Plaza Site Plan requested by Glimcher Group, Inc., is in all things approved subject to the above five conditions. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS 19 D OF IXAee l , 2012. PRESIDENT OF SAID COMMON COUNCIL ATTEST: CI C ER APPROVED THIS ;M DAY OF 2012. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Zone10WfbSDAmd.01 • 2