HomeMy WebLinkAboutResolution No. 240-18 - Hauser.CUPR2018-008.2ndStreetSW&19thAvenueSW
RESOLUTION
WHEREAS, Bob Hauser requested approval for Conditional Use Restricted Development
Final Plan #R2018-008CUP, which is a request for a four-story 26-unit multi-family residential
development. The 0.27-acre site is located on the north side of 2nd Street SW, approximately 350
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feet west of the intersection of 2nd Street SW and 19 Avenue SW.
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
or planned development, public facilities, open space resources and other
natural resources;
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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 June 13, 2018, the City of Rochester Planning and Zoning Commission
reviewed the application according to the requirements of R.C.O. § 62.1105 and recommended
approval with the following conditions:
1. The off-street parking requirement shall be met prior to building permit
approval using off-site contracted parking and/or additional parking
reductions. Prior to building permit approval, any necessary contracts with
adjacent property owners or lease agreements/rental instructions for the
shared vehicle shall be approved by the Planning Department.
2. Prior to building permit approval, a lighting plan showing compliance with the
‘R’ lighting standard shall be submitted to the Planning Department.
3. Prior to building permit approval, revised plans showing the locations of
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proposed bicycle parking shall be approved by the Planning Department.
Consideration shall be given to allowing proposed bicycle parking to be in the
City boulevard.
4. Prior to building permit approval, approval of a new official E911 Address
shall be completed. An address request application form will need to be filled
out and submitted to Addressing staff with an up-to-date site plan.
5. Prior to building permit approval, Grading & Drainage Plan approval is
required, as well as, payment of any applicable Storm Water Management
Area Charge for any increase in impervious surface.
6. 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.
7. 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.
8. Prior to building permit approval, approval of a Revocable Permit will be
required for any private features proposed within the public ROW, or other
public easements.
9. 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)
· Water Availability Charge (SAC)
· 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.
10. The patio fence shall have an opening access at no preferred specific
location.; and,
WHEREAS, on July 2, 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
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the ten conditions of approval proposed by the Planning Department.
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 ten conditions of approval.
BE IT FURTHER RESOLVED that the City approve Conditional Use Permit #R2018-
008CUP Substantial Land Alteration requested by Bob Hauser subject to the above-stated ten
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\\CUP2018-008
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