HomeMy WebLinkAboutResolution No. 093-09 •
RESOLUTION
WHEREAS, CMA Management, LLC, applied for a Type III, Phase II, Restricted
Development Conditional Use Permit #R2009-001to permit the construction of two two-story
climate controlled self storage buildings in the M-2 (Industrial) zoning district. The property is
located along the north side of Highway 14 West, south of the railroad tracks and west of the cul-
de-sac bulb of the North Frontage Road for Highway 14 West and the church; and,
WHEREAS, since a self service storage facility is not a permitted use in this zoning
district, the Applicant has proposed the development by way of the restricted development
provisions; and,
WHEREAS, R.C.O. §62.700 recognizes that certain land uses which are generally not
allowed within a given zoning district
nterest than regulated,
that"serve
achieved by tr public
dherence to sta allow
ndard
more equitable balancing of private l
zoning regulations;" and,
WHEREAS, this application requires a two-step review process consisting of a
preliminary plan and a final plan. The preliminary plan phase follows the Type III, Phase II
rocedure with a hearing before the Planning Commission and a hearing before the Council;
End,
WHEREAS, R.C.O. §§ 61.146 (Standards for Conditional Uses) and (62.708 (Criteria for
Type III Developments) provides the relevant criteria for the review of this application; and,
WHEREAS, the Planning Department applied the criteria found at section 61.146 to this
application and prepared the following findings of fact:
61.146 Standard for Conditional Uses: The zoning administrator, Commission,
or Council shall approve a development permit authorizing a conditional use unless
one or more of the following findings with respect to the proposed development is
made:
1) provisions for vehicular loading, unloading, parking and for vehicular and
pedestrian circulation on the site and onto adjacent public streets and
ways will create hazards to safety, or will impose a significant burden
upon public facilities. The provisions for vehicle loading, unloading
and vehicular circulation should not create hazards in this area.
Parking requirements for the proposed use of the property can be
met.
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such as signs which are part of the proposed development, and a
variance to allow such deviation has not been secured by the applicant.
The proposed use complies with the M-1 zoning district standards
which is more restricted than the zoning district standards of which
the property is zoned; and,
WHEREAS, the Planning Department applied the criteria found at Section 62.708 to this
application and prepared the following findings of fact:
1) Preliminary Development Plan Criteria:
a) Capacity of Public Facilities: . Sanitary sewer and water are
available for the project. The developer is required to extend
both utilities to the west end of the property. This extension
would not need to be made until such time as the property
owner to the west request it. Prior to the construction of the
public utilities, the owner must execute a City Owner Contract
with the City of Rochester for the installation of public water
main. In addition dedication of utility easements is required.
Final water main construction plans with profiles must be
prepared by a civil engineer and approved by RPU Water
Division, conforming to standard City of Rochester
requirements.
b) Geologic Hazards: Previous wetland delineation work was
completed in 2002 occurred on the site however, not in the
area where the proposed buildings are to be located. The
property owner is responsible for identifying wetlands on the
property, if any, prior to any building permits being issued for
the development.
c) Natural Features: The site is a flat grassy field between
Highway 14 West and the railroad tracks.
d) Residential Traffic Impact:
(1) This property will have access from the frontage road along the
north side of Highway 14 West which serves mostly
commerciallindustrial uses.
(2) This proposal is not expected to generate frequent truck traffic
on local residential streets.
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• (3) This development will not create additional traffic during
evening and nighttime hours on local residential streets.
Access to this property is from the frontage road along the
north side of Highway 14 West which serves mostly
commercial/industrial uses.
e) Traffic Generation Impact: The proposed use is not expected to
generate any significant volume of additional traffic
generation. The site is accessed from,the frontage road along
the north side of Highway 14 West which serves mostly
commercial /industrial uses.
fl Height Impacts:
(1) The proposed structures are two stories tall but less tall
30 feet tall. The proposed development is in an
industrial district therefore there no residential dwelling
adjacent to it. The adjacent properties are non-
residential. The proposal will not adversely affect height
impacts.
(2) The adjacent properties are non-residential. Subject to
• the underlying M-1 (Mixed Commercial-Industrial)
district, there is no height limit since there are no
residential districts within 200 feet. The structures are
proposed at less than 30 feet.
g) Setbacks: The setbacks proposed for the front, rear and
sideyards ' are consistent with the minimum setbacks for
buildings within the M-2 district.
h) Internal Site Design: The proposed
adequate building separation and desirable orientation of the
buildings to open spaces.
i) Screening and Buffering: According to the zoning standards
applicable to uses within the M-1 district) a minimum of 8% of
area must be landscaped. The applicant meets the
landscaping requirements, providing 27.2% of green space
area.
j) Ordinance Requirements: Applying requirements in the M-1
(Mixed Commercial-Industrial) zoning district, the setbacks,
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exterior lighting, sign regulations and landscaping
requirements appear to be consistent with said requirements.
k) General Compatibility: This development is proposed on
land that is zoned M-2 (Industrial) and the, proposed use is
appropriate on land that is zoned for commercial and
industrial uses; and,
WHEREAS, on February 11, 2009, the Rochester Planning and Zoning Commission held
a public hearing on this restricted development conditional use permit, reviewed the application
according to the requirements of sections 61.146 and 62.708, adopted the Planning
Department's recommended findings of fact and recommended approval of the application
subject to the following conditions:
1. Grading and Drainage Plan approval is required, and payment of a Storm
Water Management Area Charge prior to any construction permits being
issued for the development.
2. The Owner shall execute a Maintenance Agreement for the proposed
private Storm Water Pond facilities prior to any construction permits being
issued for the development.
• 3. Prior to the issuance of construction permits, the Owner shall investigate
the property for wetlands and submit the necessary information to the
LGU.
4. The Owner shall execute a City-Owner Contract and dedicate the
applicable public easement(s) prior to construction of the required public
sanitary sewer, watermain and hydrants shown on the site plan.
5. Exterior trailer storage that is labeled on the site plan is limited to licensed
vehicles and recreational vehicles. Exterior storage cannot be used for
storage containers as defined by the City of Rochester Zoning Ordinance
and Land Development Manual.
WHEREAS, the Common Council held a public hearing on the restricted development
preliminary plan request on March 2, 2009, and permitted all interested persons to be heard;
and,
WHEREAS, at the March 2"d public hearing, the Council considered the evidence and
testimony submitted, as well as the material contained in the meeting agenda; and,
WHEREAS, based upon a preponderance of the evidence submitted at the March 2"d
public hearing, the Common Council adopts as its own the Planning and Zoning Commission's
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*ecommended findings of fact and conditions of approval; and,
WHEREAS, based upon a preponderance and substantial weight of the evidence
submitted at the March 2 ndpublic hearing, the Common Council determines that the Applicant
satisfied the criteria of sections 61.146 and 62.708 subject to the five conditions.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the Type III, Phase II, Restricted Development Conditional Use Permit #R2009-
001, requested by CMA Management LLC, is in all things approved subject to the above five
conditions.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS D Y OF i / l G7JI L' 2009.
C
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: am
DEPUTY CI C ER
• APPROVED THIS DAY OF / /QJi U t , 2009.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone 05\RestDevC U P.2009-001
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