HomeMy WebLinkAboutResolution No. 371-05 77
7l
OFFICE OF COUNTY RECORDER
Olmsted County,Minnesota
I hereby certify that this document was filed in this office
1-- on 9/01/2005 at 8:30:00 AM and was duly
recorded as document number A-1074511
-*— V DANIEL J.HALL—County Recorder,by Deputy.
_p
Well Certificate:_Received _Not Required
Abstr.— yes_ no
Fees _
Total $46.00
.d l-0 ty 4s� � Received from/return to:
� ��� CITY CLERK
"n " RESOLUTION
WHEREAS, the Common Council of the City of Rochester by enactment of Resolution
143-80 on March 24, 1980, duly adopted a "LAND USE PLAN" as part of the comprehensive
municipal plan for the City of Rochester, Minnesota, and environs; and
WHEREAS, Quinstar initiated an amendment to the Rochester Urban Service Area Land
Use Plan to designate approximately 49 acres of land for "commercial" uses. The property is
dwcated along the east side of CSAH 1, along the north side of Highway 52 and south of 28th
treet S.E. The applicant seeks to change the property's land use plan designation from the
"Low Density Residential" designation to the "Commercial" designation; and,
WHEREAS, the Planning and Zoning Commission of the City of Rochester, after
published notice and hearing, recommended approval of the proposed amendment to the City's
"LAND USE PLAN;" and
WHEREAS, the Common Council, after published notice, held public hearings in the
Council/Board Room of the Government Center on June 20, 2005, July 18, 2005, and August 1,
2005, on the matter of the proposed amendment to said "LAND USE PLAN;" and
WHEREAS, the Council considered whether the proposed land use plan amendment
satisfied the relevant locational criteria, which are as follows:
a) Located at the intersection of a major arterial or higher level street with
similar or higher level streets.
b) Having level terrain
c) Having good pedestrian, vehicular and transit access
d) Having at least 40 acres of land suitable for commercial development;
and,
WHEREAS, at the August 1, 2005, public hearing, the Council adopted the following
Oinding of fact: The locational criteria for regional shopping centers call for sites with 40 or more
acres of level land located at the intersection of arterial and higher level streets with good
pedestrian, transit and vehicular access. The access attributes were the only characteristics of
concern because an overloaded intersection would constitute poor vehicular access and would ,1eS
force commercial trips through local streets. ccess issue resolved, the land use plan �J
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0amendment now satisfies all of the locational criteria and should be approved; and,
WHEREAS, based upon all of the testimony presented at all of the public hearings, the
Council determined that the Applicant satisfied all of the criteria applicable to amendments of
Land Use Plans.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the "LAND USE PLAN" as adopted on March 24, 1980, and as thereafter
amended is hereby, further amended by changing the designation on the following-described
property from the "Low Density Residential" designation to the "Commercial"designation:
Lot 1 Block 5, Lot 1 Block 6, Lot 1 Block 7, and Outlot E, of PINEWOOD HILLS
SECOND, according to the recorded plat thereof on file and of record in the
Office of County Recorder, Olmsted County, Minnesota, and that part of the
Northeast Quarter of the Northeast Quarter of Section 24, Township 106 North,
Range 14 West, and that part of the South Half of the Southwest Quarter of
Section 18 and that part of the North Half of the Northwest Quarter of Section 19,
Township 106 North, Range 13 West, Olmsted County, Minnesota, described as
follows:
Beginning at the northwest corner of said North' Half of the Northwest Quarter of
Section 19; thence on an assumed bearing of North 88151'37" East, along the
north line of said North Half of the Northwest Quarter, 50.00 feet to the
• southwest corner of Outlot D of said PINEWOOD HILLS SECOND; thence
continuing North 88051'37" East, 950.01 feet to the southeast corner of said
Outlot D; thence North 01°22'00" West; along the east line of said Outlot D,
359.69 feet; thence southeasterly a distance.of 2.65 feet along a curve concave
to the southwest and not tangent with the last described .line, said curve has a
radius of 300.00 feet, a central angle of 00°30'19", and the chord of said curve
bears South 58°24'28" East 2.65 feet; thence South 58°09'18" East, tangent to
said curve, 103.60 feet; thence southeasterly a distance of 143.40 feet along a
tangential curve concave to the northeast having a radius of 300.00 feet and a
central angle of 27023'14", the chord of said curve bears South 71°50'55" East
142.04 feet; thence South 85032'32" East tangent to said curve 225.87 feet;
thence easterly a distance of 40.04 feet along a tangential curve concave to the
north having a radius of 200.00 and a central angle of 11°29'22", the chord of
said curve bears North 88042'48" East 40.04 feet; thence South 07°34'37" East,
not tangent to said curve, 1154.78 feet; thence North 44001'56" West 73.59 feet;
thence North 61007'50" West 91.65 feet; thence South 55042'14" West 161.37
feet; thence South 12035'05" East 151.24 feet to.the`northerly right of way line of
STATE HIGHWAY RIGHT OF WAY PLAT No. 55-4; thence North 82001'06"
West, along said northerly right of way, 600.43 feet; thence South 88008'08"
West, along said northerly right of way, 785.1,5 feet to the west line of said North
Half of the Northwest Quarter in Section 19; thence South 88008'08" West
• 117.65 feet along the northerly right of way line of STATE HIGHWAY RIGHT OF
WAY PLAT No. 55-2 to, the easterly right of way line of STATE HIGHWAY
RIGHT OF WAY PLAT No. 55-3; thence North 09051'52" West, along said
easterly right of way, 532.58 feet; thence South 80008'08" West, along said
easterly right of way, 19.99 feet; thence North 09051'52" West, along said
easterly right of way, 353.35 feet; thence northwesterly a distance of 96.98 feet
along a tangential curve concave to the northeast having a radius of 11379.16
feet, a central angle of 00029'18" and a chord that bears North 09037'13 West a
distance of 96.98 feet to the north line of.said Northeast Quarter of the Northeast
Quarter of Section 24; thence North 89004'55" East, along said north line, 282.49
feet to the point of beginning.
AND
That part of Outlot D, of PINEWOOD HILLS SECOND, according to the recorded
plat thereof on file and of record in the Office of the County Recorder, Olmsted
County, Minnesota, lying south of the following described line:
Beginning at the northwest corner of said North Half of the Northwest Quarter of
Section 19, Township 1.06 North, Range 13 West; thence on an assumed
bearing of North 88051'37" East, along the north line of said North Half of the
Northwest Quarter, 50.00 feet to the southwest: corner of said Outlot D,
PINEWOOD HILLS SECOND; thence continuing North 88°51'37" East, 950.01
feet to the southeast corner of said Outlot D; thence North 01°22'00" West, along
the east line of said Outlot D, 359.69 feet to the point of beginning of the line to
be described; thence northwesterly a distance of 139.00 feet along a curve
concave to the ,southwest and non tangent with the last described line, said
curve has a radius of 300.00 feet, a central angle of 26032'52", and the chord of
• said curve bears North 71°56'03" West 137.71 feet; thence North 85012'29"
West 279.10 feet to the west line of said Oultot D, and the centerline of Williams
Road SE, of said PINEWOOD HILLS SECOND, and there terminating.
The above described conveyance contains 49.00 acres and is subject to any
easements, covenants, and restrictions of record.
BE IT FURTHER RESOLVED that a certified copy of this resolution shall be maintained
in the office of the Director of the Rochester-Olmsted Department of Planning and Housing; the
office of the Director of Public Works of the City of Rochester; and the office of the Director of
Building and Safety of the City of Rochester and shall be available for public inspection.
BE IT FURTHER RESOLVED that the City Clerk is ,hereby instructed to file a certified
copy of this resolution in the office of the County Recorder in and for Olmsted County,
Minnesota.
•
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF , 2005.
2zo
RESIDENT OF SAID COMMON COUNCIL
ATTEST:
D pu,08_ CITY CLE6K
APPROVED THIS c� DAY OF , 2005.
MAYOR OF SAID CITY
f1oC'h'-ter, Minnesota) �, _ • �
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