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PF15-019_RPCA_Plat_090215
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<br />PROJ0017 – Zoning Code Rewrite: In 2010, the City of Roseville 15
<br />rezoned the City and adopted a new Zoning Code. Rosedale was zoned 16
<br />to Regional Business District and the PUD, as a development tool, was 17
<br />eliminated from the Code; however, amendments of existing PUD’s 18
<br />approvals/agreements remained. 19
<br />LEVEL OF CITY DISCRETION IN DECISION-MAKING 20
<br />Action taken on a plat request is quasi-judicial and action on a planned
<br />unit development is legislative; the City’s role is to determine the facts
<br />associated with the request, and weigh those facts against the legal
<br />standards contained in State Statute and City Code.
<br />PROPOSAL 21
<br />Jones Lang LaSalle (JLL) proposes to create a new lot, consolidate their existing 3 lots, and 22
<br />modify the size of the J.C. Penney lot, all in order to facilitate a 141,000 sq. ft. retail addition, a 23
<br />450-stall parking deck, and up to 5 - 7,000 to 8,000 sq. ft. commercial building pad sites. Since 24
<br />the proposal affects the former Planned Unit Development #3608, its legal description and 25
<br />components of the agreement are required to be amended. It is worth noting here that in 26
<br />December 2010, the City eliminated the PUD as a development tool within the Zoning Code. 27
<br />However, improvements such as those contemplated by JLL do trigger an amendment, which is 28
<br />covered under the current fee structure approved by the City Council. Regarding the possible 29
<br />tenants in the addition and out-parcels, it is our understanding that the tenant mix is confidential. 30
<br />When exercising the so-called “quasi-judicial” authority on a plat request, the role of the City is 31
<br />to determine the facts associated with a particular request and apply those facts to the legal 32
<br />standards contained in the ordinance and relevant state law. In general, if the facts indicate the 33
<br />application meets the relevant legal standards and will not compromise the public health, safety, 34
<br />and general welfare, then the applicant is likely entitled to the approval. The City is, however, 35
<br />able to add conditions to a plat approval to ensure that the likely impacts to parks, schools, roads, 36
<br />storm sewers, and other public infrastructure on and around the subject property are adequately 37
<br />addressed. Proposals may also be modified to promote the public health, safety, and general 38
<br />welfare, and to provide for the orderly, economic, and safe development of land, and to promote 39
<br />housing affordability for all levels. 40
<br />PRELIMINARY PLAT ANALYSIS 41
<br />The proposed preliminary plat seeks to create Lot 1, Block 1, Rosedale Fifth Addition, which 42
<br />modifies the size of the J.C. Penney lot so that there is a no net loss of land area. The proposal 43
<br />also creates Lot 2, Block 1, Rosedale Fifth Addition, which will serve as the lot on which the 44
<br />new retail building will be constructed. The proposal also creates Lot 3, Block 1, Rosedale Fifth 45
<br />Addition, which is the combination of the remaining JLL lots into a new single property. 46
<br />Plat proposals are reviewed primarily for the purpose of ensuring that all proposed lots meet the 47
<br />minimum size requirements of the zoning code, that adequate streets and other public 48
<br />infrastructure are in place or identified and constructed, and that storm water is addressed to 49
<br />prevent problems either on nearby property or within the storm water system. As a PRELIMINARY 50
<br />PLAT of a regional business-zoned property, neither the zoning nor subdivision codes establish 51
<br />minimum requirements for area or width of lots, but the proposal is subject to the easement 52
<br />standards and park dedication of the subdivision code, established in Chapter 1103 (Design 53
<br />Standards) of the City Code. 54
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