HomeMy WebLinkAboutResolution No. 049-19 - Resolution R2018-039CUP
RESOLUTION
WHEREAS, 324 Partners, LLC requested approval for Conditional Use Permit #R2018-
039CUP, which is for a mixed-use building with 50 residential units and first floor commercial space.
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The site is 0.20 acres in size and is located on the northeast corner of the intersection of 4 Street
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SW and 1 Avenue SW.
WHEREAS, the project is being proposed through the Incentive Development Conditional
Use Permit process because the proposed development exceeds the maximum residential
density permitted in the base zoning district; and,
WHEREAS, The proposal is consistent with Comprehensive Plan 2040.
WHEREAS, revised plans and referral comments were submitted after the Planning and
Zoning Commission meeting to address findings C, H, and I of R.C.O. § 62.630 (subd. 3)
Conditional Use Permit Incentive Development Final Plan.
WHEREAS, in a memo dated February 4, 2019, Planning staff recommends a
modification to minimum driveway width in the Land Development Manual using R.C.O. § 62.712,
in addition to previously-recommended modifications to minimum parking requirements, and
signage.
WHEREAS, The Council adopts staff findings as described in the staff report dated
January 9, 2019, and revised findings in a staff memo dated February 4, 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 two incentives in R.C.O. § 62.656
Central Development Core and one incentive 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.
WHEREAS, on March 4, 2019, the City of Rochester Common Council held a public
hearing to consider this application.
WHEREAS, on March 18, 2019, the City of Rochester Common Council considered this
application, and adopted the findings of fact and recommended approval subject to conditions
one through seven 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 seven conditions of approval.
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BE IT FURTHER RESOLVED that the City approve Conditional Use Permit #R2018-
039CUP requested by 324 Partners, LLC, subject to the conditions of approval shown below.
CONDITIONS
1. The following information shall be submitted to the Planning Department prior to building permit
approval:
a. Revised plans showing the water service size and material and the connection to the
existing water main with a tapping sleeve & valve.
b. Revised plans showing a visual vehicular warning system for the eastern driveway that has
been approved by Rochester Public Works.
c. Revised bench notes on LS501 to correct the reference to a litter receptacle.
d. An executed site access agreement submitted to the Rochester Public Works
e. Revised building construction plans and elevations reflecting the changes to the ground floor
design of the building.
2. Prior to approval of building permits, a Grading & Drainage Plan approval is required for this
project, as well as payment of any applicable Storm Water Management Area Charge for any
increase in impervious surface.
3. Execution of a City-Owner Contract is required for the streetscaping and for the proposed storm
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sewer manhole and street restoration in 4 Street SW.
4. The Owner is obligated to repair any damage to the alley or abutting streets that results from its
construction project. Said repairs shall be made to City standards within a time-frame
acceptable to the Public Works Director.
5. Prior to building permit approval, approval of a Revocable Permit shall be required for the
proposed balconies extending into the public ROW, the proposed landscaping within the ROW,
and for any other private encroachments.
6. 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.
7. Prior to building permit approval, addressing for new structures shall be approved by the GIS
Division of the Olmsted County Planning Department. Application for addressing can be filed
after the demolition of existing buildings on the site.
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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\\SubLandAlt\\CUP2018-028
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