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HomeMy WebLinkAboutResolution No. 316-18 - TownerCompanies.CUP.RestrictDevelopPlanR2018-026 RESOLUTION WHEREAS, Towner Companies requested approval for Conditional Use Permit Restricted Development Preliminary Plan #R2018-026CUP, which is for a 53,390-square foot self-service storage facility. The site is 3.25 acres in size and is located on the north side of Scott Road NW, approximately 800 feet east of the intersection of Scott Road NW and Commerce Drive NW. WHEREAS, The Council adopts staff findings A-L and finds the proposal meets the regulations in R.C.O. §§ 62.706 and 62.708 (Subpart 2) Conditional Use Preliminary Plan Restricted Development. WHEREAS, The Council adopts staff findings A-K and finds the proposal meets the regulations in R.C.O. §§ 62.706 and 62.708 (Subpart 3) Conditional Use Final Plan Restricted Development. 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; 62.706; and 62.708 (Subpart 2 & 3) and recommended approval with revised conditions. WHEREAS, on August 28, 2018, a revised Site Plan was submitted to the Rochester- Olmsted Planning Department. 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. 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 below-stated conditions of approval. 1 BE IT FURTHER RESOLVED, that the Common Council of the City of Rochester approve Conditional Use Permit #R2018-026CUP requested by Towner Companies, subject to the below stated conditions of approval: 1. Prior to approval of Building Permits, an updated Site Plan must be submitted with the following revisions: a. A 20-foot watermain easement must be extended to include the fire hydrant and cannot be within the buildable area. b. A 10-foot utility easement leading to the transformer pad at the southeast corner of Building A. i. Trees are not permitted within the utility easement. ii. Shrubs will require a revocable permit. c. A public sidewalk along the Scott Road NW frontage. d. The pond may not extend into any easement. e. Identify the location of the bike rack mentioned on the Landscape Plan. f. The watermain alignment shall be revised to stay out of the ponding area. g. The water service curb stop and box must be located within the street right of way. h. Inclusion of a Knox 3500 Series Switch at the gate, or by other means satisfactory to the Fire Department. 2. The landscape plan provided with the application satisfies the intent of the ā€œGā€ bufferyard requirement along the Scott Road NW frontage. 3. A revocable permit is required for all plantings and private features proposed within the watermain easement. 4. The owner shall enter into a City-Owner contract with the City of Rochester for the installation of the public water main and hydrant. Unless dedicated as part of the Final Plat, execution of a City prepared public utility easement is required concurrent with execution of the City-Owner Contract. 5. A Final Plat, creating the lot shown on the Site Plan, must be recorded prior to issuance of building permits. 6. Any building located 6-feet or closer to a property line shall require fire restrictive construction of the exterior wall. 7. An approved Grading and Drainage Plan, and payment of any applicable Storm Water Management Area Charge for the increase of impervious service, is required prior to the issuance of building permits. 8. Prior to Building Permit approval an updated Drive Modeling Plan is required to assure adequate access for fire apparatus movement. 2 9. Development charges for Sewer Availability (SAC), Water Availability (WAC), and West Side Transportation Improvement District (WSTID) have not previously been paid for Outlot F, Northwest Commercial Center. The SAC (current rate through 7/31/18 is $2,936.83 per acre) & WAC (current rate through 7/31/18 is $2,936.83 per acre), as well as, the WSTID (current rate through 7/31/18 for M-2 is $10,777.69 per acre and will include the area for ½ of the abutting ROW) for proposed Lot 1, Block 1, Northwest Commercial Center 5th will be invoiced as part of the City-Owner Contract unless otherwise paid by the developer of the Subdivision at the time of platting. 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\\SubLandAlt\\CUP2018-026 3