Title
Waiving the signature requirement for an expansion of the Energy Park Commercial Development District.
Body
WHEREAS, the Energy Park Commercial Development District was created in the City Charter and is defined as roughly Lexington on the East, railroad tracks on the North and South, and Snelling Avenue on the West; and
WHEREAS, there is now a desire to expand the Energy Park Commercial Development District to encompass the additional area bounded by railroad tracks on the South, a line running on the west side of 1645 Energy Park Drive, 1085 Snelling Avenue North, and Winston Street on the West, Breda Avenue West on the North, and Snelling Ave on the East until the northern set of railroad tracks, as depicted on the attached map which is incorporated by reference; and
WHEREAS, the owner of Saint Bark approached the Department of Safety and Inspections requesting a need for a non-restaurant on-sale intoxicating liquor license; and
WHEREAS, the petition requirement in Saint Paul Legislative Code 409.16(a) calls for written consent of two-thirds of the real estate parcels within the proposed commercial development district as well as owners of two-thirds of the real estate parcels within one hundred (100) feet of the new or expanded commercial development district; and
WHEREAS, Saint Paul Legislative Code 409.16(b) allows the city council to waive the requirements for consent signatures if the city council determines that a hardship exists, and in such case the council may, on its own, initiate the process of creating or expanding a commercial development district; and
WHEREAS, the planning commission will be consulted for advice concerning the proposal for the expansion of the Energy Park Commercial Development Districts and will create a report that will verify whether the proposal is consistent with the city's comprehensive plan and zoning ordinances; and
WHEREAS, the city council finds that due to the nature of the number and types of properties in and surrounding the proposed districts, that requiring consent from 2/3 of all owners would create a hardship to the petitioner; now therefore be it
RESOLVED, that the signature requirement for the petition to expand the Energy Park Commercial Development District is hereby waived; and be it
FURTHER RESOLVED, that once the report of the planning commission is available, as required by Saint Paul Legislative Code §409.16(c), a public hearing will be scheduled to consider the proposals to expand the Energy Park Commercial Development Districts and the City Clerk will cause notice of the hearing to be published once in the official newspaper of the city, and mailed notice thereof shall be given by the Department of Safety and Inspections to all owners of land within the areas of the expanded districts, each at least twenty (20) days in advance of the public hearing.