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4.0B <br />ACKGROUND <br />14 <br />4.1The subject property has a Comprehensive Plan designation of Community Mixed Use <br />15 <br />(CMU) and a corresponding zoning classification of Community Mixed Use (CMU) <br />16 <br />District. The proposal has been prompted by plans to develop an <br />PRELIMINARYPLAT <br />17 <br />approximately 160,000-square-foot Walmart store in the eastern portion of the site and <br />18 <br />two smaller future developments on the western side of the property, along Cleveland <br />19 <br />Avenue. When exercising the so-called “quasi-judicial” authority when acting on a plat <br />20 <br />request, the role of the City is to determine the facts associated with a particular request <br />21 <br />and apply those facts to the legal standards contained in the ordinance and relevant state <br />22 <br />law. In general, if the facts indicate the applicant meets the relevant legal standard, then <br />23 <br />they are likely entitled to the plat approval, although the City is able to add conditions of <br />24 <br />approval to ensure that the likely impacts to roads, storm sewers, and other public <br />25 <br />infrastructure on and around the subject property are adequately addressed. <br />26 <br />4.2While the City Council is only responsible for reviewing and acting on the proposal to <br />27 <br />rearrange the parcel boundaries of the subject property rather than approving or denying <br />28 <br />the overall development or the use itself, a rendering of the overall development concept <br />29 <br />has been submitted to assist Public Works Department staff with understanding what will <br />30 <br />be required for adequate storm water management; the concept rendering is included with <br />31 <br />this report as Attachment C. <br />32 <br />4.3This application, in conjunction with a final plat application and development agreement, <br />33 <br />was first brought to the City Council on May 25, 2012; an excerpt of the meeting minutes <br />34 <br />are included with this report as Attachment . At that time, the Council tabled the item in <br />35 <br />order to take up the application first so as to avoid possible legal <br />PRELIMINARY PLAT <br />36 <br />complications resulting from taking concurrent action on a preliminary and final plat. <br />37 <br />4.4Regardless of whether the proposed plat is approved, any future land use of the property <br />38 <br />must either be a permitted use or receive any necessary zoning approvals; approval of the <br />39 <br /> does not change the zoning requirements pertaining to land uses. <br />PRELIMINARY PLAT <br />40 <br />5.0PA <br />LATNALYSIS <br />41 <br />5.1Plat proposals are reviewed primarily for the purpose of ensuring that all proposed lots <br />42 <br />meet the minimum size requirements of the zoning code, that adequate streets and other <br />43 <br />public infrastructure are in place or identified and constructed, and that storm water is <br />44 <br />addressed to prevent problems either on nearby property or within the storm water <br />45 <br />system. As a plat of a commercial property, the proposal leaves no zoning issues to be <br />46 <br />addressed since the Zoning Code does not establish minimum lot dimensions or area. The <br />47 <br />proposed is included with this report as Attachment D. <br />PRELIMINARYPLAT <br />48 <br />5.2Roseville’s Development Review Committee (DRC), a body comprising staff from <br />49 <br />various City departments, met on January 12 and January 19, 2012 to discuss the <br />50 <br />application. The DRC did not have any major concerns about the proposed <br />PRELIMINARY <br />51 <br />, but representatives of the Public Works Department have been working with the <br />PLAT <br />52 <br />applicant to address the typical public needs related to rights-of-way on adjacent <br />53 <br />roadways as well as the overall site grading and storm water management. <br />54 <br />5.3The includes a City-owned 4,643-square-foot (approximately 0.11- <br />PRELIMINARY PLAT <br />55 <br />acre) rectangle projecting south from the Mount Ridge Road/Twin Lakes Parkway <br />56 <br />roundabout. Most of this “disposal area” can be simply sold to the applicants if the City <br />57 <br />Council decides to do so; the terms of such sale would be included among a development <br />58 <br />PF12-001_RCA_070912 <br />Page 2 of 3 <br /> <br />