HomeMy WebLinkAboutResolution No. 317-18 - J & L Adams Properties, LLP. PrelimRestrictDevelPlan.R2018-025CUP
RESOLUTION
WHEREAS, J and L Adams Properties, LLP requested approval for Conditional Use
Permit Preliminary Restricted Development Plan #R2018-025CUP, which is for a 60-space
parking facility in the R-1 zoning district and a 3,320 square foot drinking and entertainment use in
the B-4 zoning district.
WHEREAS, The proposal is consistent with Comprehensive Plan 2040.
WHEREAS, The Council adopts staff findings A-F and finds the proposal meets the
regulations in R.C.O. § 63.441, Commercial Parking Extension.
WHEREAS, The Council adopts staff findings A-L and finds the proposal meets the
regulations in R.C.O. § 62.706 and 62.708 (subd.2) Conditional Use Permit Restricted
Development Preliminary Plan.
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
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, on August 8, 2018, the City of Rochester Planning and Zoning Commission
reviewed the application according to the requirements of R.C.O. § 61.146 and R.C.O. § 62.706
and 67.708 (Subpart 2) and R.C.O. § 63.441 and recommended approval with modifications to
staff’s conditions.
WHEREAS, on August 15, 2018, the applicant submitted revised application materials to
the Rochester Olmsted Planning Department. These materials were reviewed against the
proposed conditions from the Planning and Zoning Commission and were found to address the
intent of condition #1. Based on meeting this condition, Planning staff recommends waiver of the
Conditional Use Permit Final Restricted Development Plan application.
WHEREAS, on September 5, 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 conditions as listed below by the Staff Report.
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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 five conditions of approval shown below.
BE IT FURTHER RESOLVED that the Council waive the Conditional Use Permit Final
Restricted Development Plan review phase of this application.
BE IT FURTHER RESOLVED that the City approve Conditional Use Permit Preliminary
Restricted Development Plan #R2018-025CUP requested by J and L Adams Properties, LLP,
subject to the conditions of approval shown below:
1. Grading & Drainage Plan approval is required, as well as, payment of any applicable Storm
Water Management Area Charge for any net increase in impervious surface.
2. The applicant proposes to reconstruct a segment of the public alley as part of this project. In
lieu of reconstructing the remainder of the public alley from 19th Avenue SW to the west line
of the project, Owner may request and execute a Contribution Agreement to memorialize its
financial obligations for future reconstruction.
3. Owner must execute a Pedestrian Facilities Agreement to memorialize its financial obligations
for future reconstruction.
4. Prior to building permit approval, execution of a Revocable Permit Agreement is required for
the proposed private storm sewer extension within the 1st Street SW right-of-way.
5. Building signs shall be permitted in the locations and types shown on the approved building
elevation drawings. The wall sign shall comply with business center standards of the B-4
district. The projecting sign shall comply with the B-4 standard for a drinking and
entertainment use.
6. Owner must work with City staff to create a buffer that blocks headlights from the neighboring
residential homes, is attractive, and maintainable.
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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\\CUP2018-025(1)
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