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RESOLUTION
WHEREAS, the development of Lot 4, Block 1, Chateau Subdivision and Lot 2, Block 1,
Chateau First Replat is a site development (SDP #04-30) requiring a site development plan.
R.C.O. §61.526 states that approval of a site development plan requires, among other things,
the applicant to complete a traffic impact report if the development is designed so that it utilizes
an at-grade access onto an existing or proposed freeway or expressway; and,
WHEREAS, the Council desires to amend the development agreement for SDP #04-30 to
postpone the requirement for a traffic impact report; and,
WHEREAS, R.C.O. §61.529(3) states that, by a 5/7ths vote, the Council may temporarily
exempt certain street locations from some or all of the traffic service standards found in Section
61.526 because of special circumstances that make it undesirable or not feasible to provide
further capacity improvements at these locations; and,
WHEREAS, the City Council wishes to avail itself of the exemption provision of Section
61.529(3).
NOW, THEREFORE, BE IT RESOLVED by the City of Rochester Common Council that
` the City waive the level of service and safety standards of Section 61.526 (2),(8) for SDP #04-
30.
BE IT FURTHER RESOLVED that the City take such action on the basis that there are
the following special circumstances applicable to SDP #04-30:
1. The applicant has proceeded without a traffic impact report in reliance upon
information given to it by City staff;
2. There would be a significant economic impact from proceeding with access
changes and the traffic impact report at this time; and
3. The amended development agreement provides .for timely completion of
improvements that may be needed to serve this development at the level of
service and safety required by applicable city ordinances.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS /800 DAY OF 0MJN=;& , 2004.
SIDENT O SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS 1910 DAY OF , 2004.
MAYOR OF SAID CITY
(Seal of the'City of
Rochester, Minnesota)
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