HomeMy WebLinkAboutResolution No. 172-18 - Hauser.RestrictDevelopPrelimPlan.R2018-008CUP.
RESOLUTION
WHEREAS, Bob Hauser, applied for a Restricted Development Preliminary Plan #R2018-
008CUP. The Applicant proposes to construct a 26-unit multi-family development consisting of
one four-story building. The site is approximately a quarter acre in size and is located on the north
side of 2nd Street SW, approximately 350 feet west of the intersection of 2nd Street SW and 19th
Avenue SW.; and,
WHEREAS, the property is described as follows:
Lots 15 and 16, Block 12, WEST ZUMBRO ADDITION, according to the plat
thereof on file at the County Recorder’s office, Olmsted County, Minnesota.
Subject to City street right-of-way over and across the South 17.00 feet thereof.
and,
WHEREAS, since the property is zoned B-4 (General Commercial) Zoning District and
since residential uses are not permitted within a B-4 zoning district, the Applicant is proposing
the development through the restricted development process; and,
WHEREAS, R.C.O. §62.700 recognizes that certain land uses which are generally not
allowed within a given zoning district can, if regulated, “serve both the public interest and allow a
more equitable balancing of private interests than that achieved by strict adherence to standard
zoning regulations;” and,
WHEREAS, R.C.O. §62.700 further states that the ordinances providing for restricted
developments encourage innovation and experimentation in the development of land that would
otherwise not be possible under the established zoning district 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 procedure with a
hearing before the Planning Commission and a hearing before the Council. The final plan phase
is a Type III, Phase III procedure with a hearing before the City Council; and,
WHEREAS, R.C.O. §62.706 states the Council must approve a restricted development
preliminary plan if it finds the development satisfies the criteria listed in R.C.O. §62.708, subd. 2 or
a modification for any unmet criteria has been granted as provided in R.C.O. §62.712; and,
WHEREAS, R.C.O. §62.712 states the Council may waive the need to satisfy certain
approval criteria if it finds:
1. The applicant has demonstrated that the plan as submitted adequately
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compensates for failing to address the criterion in question; and,
2. The strict application of any provision would result in exceptional practical
difficulties to, or exceptional and undue hardship upon, the owner of such
property, provided the modification may be granted without substantial
detriment to the public good and without substantially impairing the purposes
of this ordinance or the policies of the Land Use Plan; and,
WHEREAS, R.C.O. §62.708 (Criteria for Type III Developments), subd. 2 provides the
relevant criteria for the review of this application; and,
WHEREAS, the Planning Department’s April 11, 2018, staff report states that, based upon
its proposed finding of fact, Planning Department staff would recommend approval with conditions,
of the preliminary plan; and,
WHEREAS, the Planning Department’s April 11, 2018, staff report suggests that, should the
Planning Commission recommend approval of the application, the following conditions of approval
be imposed:
1. Prior to approval of building permits, the development plans shall be revised
to include the following:
1. Submission of final development plans shall include the following information:
a. A detailed list of building materials shall be provided
b. The final development plans shall demonstrate compliance with vehicle parking
requirements, or shall include a request for a modification to these standards.
c. Locations and screening of mechanical equipment shall be identified.
d. The locations of required boulevard trees along the 2nd Street SW frontage.
e. Illustration of compliance with the ‘D’ bufferyard requirement along the north side
of the site.
f. Utility transformer pad shall be planned and installed in accordance with RPU’s
Electric Rules and Regulations, and clearly identified at a minimum on the civil site
plan drawing.
g. Water service connection to be made with a 6" tapping sleeve & valve. Move the
connection to the main south a few feet to keep the valve box out of the gutter area.
2. Prior to approval of building permits, grading & Drainage Plan approval is
required, as well as, payment of any applicable Storm Water Management
Area Charge for any increase in impervious surface. Execution of a
Maintenance Agreement is required for the proposed on-site facilities
prior to Grading Plan approval.
3. Prior to approval of building permits, execution of a City Prepared Noise
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Easement is required for this project.
4. Execution of a City-Owner Contract is required for the public
improvements that will be constructed for this Project.
5. A Traffic Impact Study (TIS) has been prepared for this project and
reviewed by City and County staff. Implementation of the City’s
recommendations related to the TIS is required as part of the
development plan approval.
6. Development is subject to a Plant Investment Fee (PIF) that is calculated
and collected as part of the Building Permit approval process; and,
WHEREAS, the Planning Department’s April 11, 2018, staff report states that R.C.O. §§
62.706, 62.708, subd. 3 set forth the standards upon which a Restricted Development Final
Plan is to be evaluated. The Council shall grant final approval to a Type III Restricted
Development if it finds (a) the development satisfies the Preliminary Development Plan
Standards for Approval listed in section 62.706; (b) the development satisfies the applicable
criteria listed in section 62.708, subd 3, or a modification for any unmet criteria has been
granted as provided in section 62.712; and (c) there is an executed development agreement
which identifies, and commits the developer to complete, those aspects of the site plan
specified by the Council; and,
WHEREAS, on April 11, 2018, the Rochester Planning and Zoning Commission held a
public hearing on this restricted development preliminary plan and reviewed the application
according to the requirements of R.C.O. §62.708. At its April 11, 2018 meeting, the Planning
Commission recommended approval with conditions based upon Planning Department staff’s
recommended findings of fact adding a Condition 7 so that the conditions are:
1. Submission of final development plans shall include the following information:
a. A detailed list of building materials shall be provided
b. The final development plans shall demonstrate compliance with vehicle parking
requirements, or shall include a request for a modification to these standards.
c. Locations and screening of mechanical equipment shall be identified.
d. The locations of required boulevard trees along the 2nd Street SW frontage.
e. Illustration of compliance with the ‘D’ bufferyard requirement along the north side of the site.
f. Utility transformer pad shall be planned and installed in accordance with RPU’s Electric
Rules and Regulations, and clearly identified at a minimum on the civil site plan drawing.
g. Water service connection to be made with a 6" tapping sleeve & valve. Move the
connection to the main south a few feet to keep the valve box out of the gutter area.
2. Prior to final development plan approval, Grading & Drainage Plan approval is required, as
well as, payment of any applicable Storm Water Management Area Charge for any increase in
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impervious surface.
3. In lieu of constructing the public alley along the northerly line of the Property concurrent
with development, the Owner may request and execute a Contribution Agreement to memorialize
its financial obligations for future construction.
4. The existing westerly curb cut serving this property shall be removed and boulevard
restored concurrent with redevelopment for this Project, as depicted on the site plan.
5. Approval of a Revocable Permit will be required for any private features proposed within the
public ROW, or other public easements.
6. Charges/fees applicable to the development of this property include the following and
unless otherwise stated shall be paid prior to issuance of utility connection permit(s), or at the
City’s discretion, within 30 days after invoicing (rates are valid through 7/31/18 and subject to an
ENR adjustment thereafter):
· Sewer Availability Charge (SAC) @ $2,936.83 per acre
· Water Availability Charge (SAC) @ $2,936.83 per acre
· Storm Water Management Area Charge - TBD and paid as part of the Grading Permit
approval
· Plant Investment Fee (PIF) - TBD and collected through the Building Permit process.
7. Driveway access to the site shall be off the public alley on the north side rather than 2nd
Street; and,
WHEREAS, this matter came before the Common Council as a public hearing on May 7,
2018. At the May 7 public hearing, the Common Council permitted all interested persons to testify
and give testimony on the restricted development preliminary plan request; and,
WHEREAS, based upon a preponderance and substantial weight of the evidence
submitted at the May 7, 2018 public hearing, the Common Council adopts as its own the Planning
Department’s recommended preliminary plan findings of fact, with the exception of removing
Condition 7; and,
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that the Restricted Development Preliminary Plan #R2018—008CUP is in all things approved
subject to the seven conditions as described above.
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BE IT FURTHER RESOLVED that the Council waive the Final Plan review phase of this
application.
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\\RestDevPre.18-008
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