HomeMy WebLinkAboutResolution No. 288-22 - Resolution - Stencil Apartment Development CD2022-008CUP
RESOLUTION
Approving Conditional Use Permit, Restricted Development Preliminary Plan No.
CD2022-008CUP, A Project Consisting of the Development of a 5-story, 109 Unit
Multi-Family Residential Building with First Floor Parking, Located on the South
Side of 5th Place NW, between 16th Avenue NW and 13th Avenue NW.
WHEREAS, the project is being proposed through the Restricted Development Conditional
Use Permit process because the proposed development is not a permitted residential use
in the base zoning district.
WHEREAS, the proposal is consistent with Comprehensive Plan 2040.
WHEREAS, the Council adopts staff findings as described attached to the staff report dated
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November 9, 2022, and finds the proposal meets the regulations in R.C.O. § 62.708 (subd.
2) Conditional Use Permit Restricted Development Preliminary Plan.
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WHEREAS, on November 9 2022, the City of Rochester Planning Commission held a
Public Hearing on application, and recommended approval subject to conditions one
through eight proposed by the Planning Department.
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WHEREAS, on December 5 2022, the City of Rochester Common Council held a public
hearing to consider this application and adopted the findings of fact and approved the
application subject to conditions one through eight.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that, based upon the above-stated findings of fact, the Applicant has shown by a
preponderance of the evidence submitted at the public hearing that it has satisfied the above
criteria subject to the imposition of the below-stated eight conditions of approval.
BE IT FURTHER RESOLVED that the City approve Conditional Use Permit Restricted
Development Preliminary Plan No. CD2022-008 CUP requested by The Stencil Group,
subject to the conditions of approval shown below.
CONDITIONS
1. Submission of final development plans shall include the following:
a. The final site plan shall abide by the Neighborhood Protection Standards
(60.400.020F).
i. The final site plan shall conform to the Site and Building Design Standards
(60.400.070)
b. The final site plan shall meet the Side Street Side Yard requirement in the MX-
G zoning district.
c. The final site plan shall include additional information regarding the pollinator
garden and dog park.
d. The final site plan shall revise the location of the Sanitary Sewer to the
satisfaction of Rochester Public Works.
e. The final site plan shall revise the location of the transformer and modify utilities
to the satisfaction of RPU-Operations.
f. The final site plan shall include mark-ups to the satisfaction of RPU-Water.
2. Prior to the relocation of the 24-inch sanitary sewer, the applicant shall execute a City-
Owner Contract and dedicate applicable easements.
3. Prior to issuance of building permits, a Grading & Drainage Plan shall be approved by
Rochester Public Works.
4. Prior to issuance of building permits, the applicant shall meet the Boulevard Tree
requirement.
5. Prior to issuance of building permits, the sanitary sewer easement shall be vacated
and a new sewer easement shall be dedicated.
6. Prior to the issuance of building permits, the applicant shall execute and record any
applicable City prepared Revocable and Permit Agreements.
7. Prior to the issuance of building permits, the applicant shall vacate and dedicate all
applicable easements.
8. Prior to the issuance of building permits, the applicant shall consolidate the site via a
Final Plat.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2022.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2022.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)