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Conditions of approval. All conditions pertaining to a the Tuffy's Auto Center site <br />are subject to change when the Council, upon investigation in relation to a formal <br />request, finds that the general welfare and public betterment can be served as well <br />or better by modifying the conditions as per Section 911.040.C.18 of the Zoning <br />Ordinance. <br />RECOMMENDATION <br />The decision with regards to the applicant's rezoning request is a policy issue to be <br />determined by City Officials. If the City chooses to approve the rezoning request, our office <br />would recommend approval of the PUD Concept Plan/ Subdivision of the entire parcel. If <br />Concept Plan approval is granted, the applicant will be required to apply for Development <br />Plan approval for the Tuffy's site. The auto repair -minor conditional use permit would be <br />approved in conjunction with Development Plan aproval, if granted. This recommendation <br />is subject to the following conditions: <br />Rezoning of entire Parcel to B -2 Auto - Oriented Business District <br />1. The applicant apply for and recieve PUD Concept and Development Plan approval. <br />PUD Concept Plan/ Subdivision <br />1. The proposed curb cut for the private street to Rice Street shall require MNDoT <br />approval. <br />2. The design of the private street is subject to review and approval of the City <br />Engineer. <br />3. The applicant shall be required to provide a cul-de -sac at the terminus of the private <br />street, subject to review and approval of the City Engineer. <br />4. The Tuffy's Auto Center building shall be setback 40 feet from the private street. <br />5. The applicant shall prepare and submit a preliminary/final plat, subject to review and <br />approval of the City Council. <br />6. Payment of all park contributions will be paid at the time of development contract <br />approval. <br />7. Grading, drainage and utility plans shall be subject to review and approval of the <br />City Engineer. <br />Page 41 <br />