HomeMy WebLinkAboutResolution No. 358-18 - EKNDevelopmentGroup.CUPR2018-029CUP.
RESOLUTION
WHEREAS, EKN Development requested approval for Conditional Use Permit #R2018-
029CUP, which is a for a five-floor retail and hotel building. The site is 1.16 acres in size and is
located on the northwest corner of the intersection of 2nd Street SW and 11th Avenue SW.
WHEREAS, the project is being proposed through the Restricted Development Conditional
Use Permit process because the proposed use is not permitted in the base zoning district; and,
WHEREAS, The proposal is consistent with Comprehensive Plan 2040.
WHEREAS, The Council adopts staff findings as described in the staff report dated
October 15, 2018, and finds the proposal meets the regulations in R.C.O. § 62.712 (subd. 2)
Conditional Use Permit Restricted Development Preliminary Plan.
WHEREAS, on October 15, 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 one through eight 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 below-stated eight conditions of approval.
BE IT FURTHER RESOLVED that the City approve Conditional Use Permit #R2018-
029CUP requested by EKN Development, subject to the conditions of approval shown below.
CONDITIONS
1. The following information shall be shown on the final development plans with submission of a
Final Restricted Development application:
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a. A minimum floor-to-floor height of 16 feet for the first floor along 2 Street SW.
b. Compliance with bicycle parking requirements of LDM 63.274 and the Bicycle Parking
Substitution requirements of the DMC-POZ if that provision will be used.
c. Details of proposed bicycle parking racks and rack spacing on the floor plans.
d. Compliance with Sign Type B for proposed signage or an explanation for the
appropriateness of the proposed signage as a basis for a modification request.
e. Compliance with Pedestrian-Oriented space requirements of the LDM. The pedestrian-
oriented space shall have a minimum size of 175 square feet and shall include elements
identified in LDM 63.275.
f. Revision of building design to remove exterior wall encroachments into street rights-of-way.
g. Explanation of the allotment of parking spaces to the various uses within the development.
h. Explanation for the intended use of loading areas for the hotel and retail uses.
i. Street labels on elevations drawings
j. Consistency among drawings to show the same design elements throughout the drawing
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set including:
Outdoor seating
th
Entrance canopy along 11 Avenue
Driveway outline along the west side of the development
k. Revision of the access easement on the west side of the property to an Access & Utility
Easement to allow for UG electric facilities to be installed within it.
l. Provision of a 16.5 foot by 8-foot easement that encompasses the RPU transformers and
pads placed adjacent to the Access & Utility Easement.
m. Abandonment of two existing water services and removal of one existing curb box. All the
existing water services must be abandoned properly at the main and remove the curb or
valve box top.
n. The new water service must be connected to the existing main with a tapping sleeve and
valve.
2. This proposed project will include improvements to existing public infrastructure, as well as,
proposed 2nd ST SW improvement in 2020, and proposed private improvements within certain
existing and proposed public easements. The Developer’s, and the City’s respective obligations
for construction and maintenance needs to be formally addressed by agreement, prior to final
permit approval for this project. As final project design features are formulated, the Developer
should be coordinating with City Administration and Public Works staff during the development
review process to have the City review the design features and prepare an appropriate
agreement (Development Agreement, Revocable Permit Agreement, Contribution Agreement,
etc) to best memorialize the parties’ obligations and to facilitate the redevelopment project.
3. A Traffic Impact Study is required for this project, with completion and an agreement on any
needed mitigation resolved prior to Final Plan submission.
4. Prior to approval of building permits, a Grading & Drainage Plan approval is required for this
project.
5. Execution of a City-Owner Contract will be required prior to construction of any public
improvements associated with this project.
6. Prior to building permit approval, execution of a separate Revocable Permit Agreement will be
required for any private improvements and encroachments within the public right-of-way and
other public easements, unless, said encroachments are not otherwise addressed within some
other City prepared Agreement.
7. Development of the property is subject to a Sewer Availability Charge (SAC) and a Water
Availability Charge (WAC) which will be calculated and collected concurrent with issuance of a
Utility Connection Permit. The development is also subject to a Plant Investment Fee (PIF)
which will be calculated and collected as part of the Building Permit review and approval
process.
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8. The Developer shall have a Traffic Control Plan prepared to address haul routes and traffic
control during construction. The plan is subject to review and approval by the City Engineer and
/ or Traffic Engineer prior to commencing construction or the Project.
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\\CUP2018-029
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