HomeMy WebLinkAboutResolution No. 149-18 - Eckert.IncentiveDevelopPrelimPlanR2018-003CUP.
RESOLUTION
WHEREAS, Eckert Property, LLC., requested approval for Conditional Use Permit #R2018-
003CUP, which is a request for an Incentive Development Conditional Use Permit Preliminary
Plan. The applicant proposes to construct a two story, multi-family building with four dwelling
units. The plan identifies four, two-bedroom units. The proposed building will include a single
entrance along 2nd Avenue NW and four off-street parking spaces located along the property’s
north boundary; and,
WHEREAS, the Substantial Land Alteration is subject to specific findings listed in
section 62.1105, as well as the standards that apply to every conditional use permit found in
section 61.146; and,
WHEREAS, R.C.O. § 62.1105 states that the City must approve a conditional use permit
authorizing an excavation activity if the applicant satisfies all of the requirements of Section 61.146
and, in addition, satisfies the following findings:
A. The activity will not result in a danger to life or property due to (1) steep or
unstable slopes, (2) unsafe access to the property, (3) excessive traffic, or (4)
proximity to existing or planned residential areas, parks and roadways;
B. Visual, noise, dust, and/or excessive on- or off-site environmental impacts on
public parks, roadways and residential areas can be adequately mitigated by the
Applicant and a fully detailed plan is submitted by the Applicant to demonstrate
the mitigation methods to be used, the cost of such mitigation, the source of
funds for such mitigation, and adequate legal assurance that all of such
mitigation activities are carried out;
C. The use of trucks and heavy equipment will not adversely impact the safety and
maintenance of public roads providing access to the site, or such impacts will be
mitigated;
D. The proposed use will not adversely affect air quality or ground water or surface
water quality;
E. The proposed use will not adversely affect the scenic quality of Rochester or the
natural landscapes, environment, wildlife and wildlife habitat; or if such effects
are anticipated to occur, the reclamation plan provides for adequate restoration
of the site following completion of the excavation activity;
F. The activity will be compatible with existing development and development
anticipated in the future, including other uses as shown in the Comprehensive
Plan, including but not limited to: patterns of land use, recreational uses, existing
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or planned development, public facilities, open space resources and other
natural resources;
G. The activity will not unduly affect the use and enjoyment of adjacent properties;
H. The site plan provides for adequate buffers and screening year-round from
unsightly features of the excavation operation;
I. The reclamation plan provides for adequate and appropriate restoration and
stabilization of cut and fill areas;
J. The excavation activity will not result in negative impacts on drainage patterns or
stormwater management facilities;
K. The proposed activity will minimize impacts on sinkholes, wetlands and other
natural features affecting ground water or surface water quality;
L. The intensity and the anticipated duration of the proposed excavation activity is
appropriate for the size and location of the activity;
M. Permanent and interim erosion and sediment control plans have been approved
by the City;
N. Surety has been provided that guarantees the site will be fully restored, after
completion of the excavation activity, to a safe condition, and one that permits
reuse of the site in a manner compatible with the Comprehensive Plan,
neighborhood plans, the Land Use Plan and applicable City policies.
O. The proposed activity complies with the requirements of the adopted building
code; and,
WHEREAS, on March 26, 2018, the City of Rochester Planning and Zoning Commission
reviewed the application according to the requirements of R.C.O. § 62.1105 and made the
following findings:
1. An updated Site Plan must be submitted with the following revisions:
a. Identify the impervious surface materials proposed for all impervious
surfaces identified on site.
b. A utility transformer pad shall be identified on the plan in accordance with
the rules and regulations of RPU- Electric.
c. A 10-foot utility easement along the south property line, and an 8-foot utility
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easement along the west lot line (or whatever setback the building is from
the lot line, up to 10 feet).
2. Prior to Final Plan submittal, a detailed plan for the trash enclosure is required to
verify compliance with exterior storage standards “T” and “R”.
3. Prior to Final Plan submittal, a Landscape Plan identifying the species of
plantings proposed for the site, must be verified.
4. Prior to Final Plan submittal, a Photometric Plan showing compliance with
exterior lighting standard “R” must be verified.
5. Prior to issuance of Building Permits the plans must show the location of the
water meter within the fire sprinkler riser room, to the satisfaction of RPU-Water.
The current location of the water service must be revised to meet the
requirements of Rochester Public Utilities.
6. The Developer will be obligated to reconstruct / pave, the existing alley along the
frontage of the Property concurrent with this redevelopment. Said reconstruction
shall be completed through a City-Owner Contract (executed prior to construction
of the public improvements) and shall include removal / reconstruction of the
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current alley drive approach off 2Avenue NW to eliminate the current approach
to an existing garage on the Property that will be removed as part of the
redevelopment.
7. Prior to Final Plan submittal, Grading & Drainage Plan approval is required, as
well as, payment of any applicable Storm Water Management Area Charge for
any increase in impervious surface.
8. Execution of a Revocable Permit is required for any private facilities which will
extend into the public right-of-way, above, at, or below grade.
9. Execution of a City-Owner Contract will be required for the public improvements
required for this proposed redevelopment. Execution shall occur prior to
construction of the public improvements; and,
WHEREAS, the Planning Department staff recommended approval the Planning and
Zoning Commission recommended approval of the substantial land alteration activity based
upon the above findings of facts.
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WHEREAS, on April 16, 2018, the City of Rochester Common Council held a public
hearing to consider this application, and adopted the findings of fact and recommended approval
subject to the conditions of approval.
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 above-stated conditions of approval.
BE IT FURTHER RESOLVED that the City approve Conditional Use Permit #R2018-
003CUP Substantial Land Alteration requested by subject to the above-stated conditions of
approval.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2018.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2018.
__________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone15\\SubLandAlt\\CUP18-003
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