HomeMy WebLinkAboutResolution No. 025-19 - CivicOnFirst.CUPR2017-029
RESOLUTION
WHEREAS, EKN Development Group requested approval for Conditional Use Permit
#R2017-029CUP, which is for an eight-story transient accommodations and retail building. The site
is 0.67 acres in size and is located on the southwest corner of the intersection of Civic Center Drive
st
NW and 1 Avenue NW.
WHEREAS, the project is being proposed through the Incentive Development Conditional
Use Permit process because the proposed development exceeds the maximum Floor Area Ratio
(FAR) permitted in the base zoning district; and,
WHEREAS, The proposal is consistent with Comprehensive Plan 2040.
WHEREAS, On January 9, 2019, the Planning and Zoning Commission recommended
approval with conditions of the incentive development final plan with staff findings and modifications
to signage and building setbacks using R.C.O. § 62.712.
WHEREAS, On January 25, 2019, revised plans addressing several conditions of approval
recommended by the Planning and Zoning Commission were submitted by the applicant.
WHEREAS, The Council adopts staff findings as described in the staff report dated January
9, 2019, and finds the proposal meets the regulations in R.C.O. § 62.630 (subd. 3) Conditional Use
Permit Incentive Development Final Plan.
WHEREAS, The Council finds the proposal meets four incentives in R.C.O. § 62.658 All
Development.
WHEREAS, on February 4, 2019, 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 and modifications to signage and building setbacks
proposed by the Planning Department and recommended by the Planning and Zoning
Commission.
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 #R2017-
029CUP requested by EKN Development Group, subject to the conditions of approval shown
below.
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CONDITIONS
1. Revised final incentive development plans shall be submitted to include the following
information:
a. An 8-inch water service gate valve 3 feet west of the 8x6 reducer.
b. A parking management plan to document that the proposed tandem parking spaces will
function as usable spaces.
2. A termination date for the digital advertising sign is required prior to Council approval of the
conditional use permit. The sign must be removed from the site on or before this date. Upon
removal of the digital advertising sign, a sign credit will not be issued.
3. Prior to building permit approval, Grading & Drainage Plan approval is required for this project.
4. Prior to building permit approval, Boulevard Tree requirements shall be met through the
inclusion of additional trees on the landscaping plan or payment in lieu of boulevard trees to the
Park and Recreation Department.
5. Any encroachments into public easements or public ROW, other than turf / boulevard trees, will
require prior City Council approval of a legal document deemed appropriate by the Public Works
Director and City Attorney. The requirement for an appropriate legal document includes any
private facilities which will extend into the public right-of-way or public easements, above, at, or
below grade.
6. Execution of a City-Owner Contract will be required for any new public improvements required
for this proposed redevelopment, as well as, for any reconstruction of existing public
infrastructure.
7. 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.
8. Addition of bumps out should be between Civic Center Drive and the three parking stalls
between the parking and the driveway to the hotel ramp; and between the driveway and the
railway.
9. Prior to building permit approval, an executed site access agreement shall be submitted to the
Rochester Public Works Department.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2019.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2019.
__________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone15\\Conduse.2017-29 CivicOnFirst
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