HomeMy WebLinkAboutResolution No. 103-19 - R2018-029CUP Development Final Plan by EKN
RESOLUTION
WHEREAS, EKN DEVELOPMENT GROUP applied for a Type III, Phase III Restricted
Development Final Development Plan (#2018-029CUP) to permit a mixed-use development
consisting of transient accommodation (hotel) and retail uses. The site is located on the northwest
ndth
corner of the intersection of 2 Street SW and 11 Avenue SW; and,
WHEREAS, the legal description for the property affected by the application is as follows:
Parcel 1:
Lots 1 and 2, Block 6, A.W. Kutzky's Addition to the City of Rochester, and that
part of the South one-half of the vacated East-West alley adjacent to said Lots;
Lots 18 and 19, and the South 7 1/2 feet of Lot 20, Block 6, A. W. Kutzky's Addition
to the City of Rochester, and the East one-half of the vacated North-South alley
thereto and the North one-half of the vacated East-West alley adjacent to Lot 18.
Parcel 2:
The East 41 feet of the North 79 1/2 feet of the East 91 feet of Lot 17, and the East
41 feet of the South 55 1/2 feet of the East 91 feet of Lot 21, Block 6, A.W. Kutzky's
Addition to the City of Rochester, and the West one-half of the vacated alley
adjacent thereto.
Parcel 3:
The West 50.00 feet of the North 79.25 feet of the east 91.00 feet of Lot 17 and
the West 50.00 feet of the South 55.50 feet of the East 91.00 feet of Lot 21 in Block
6, A.W. Kutzky's Addition to the City of Rochester.
All in Olmsted County, Minnesota. The land is Abstract property.
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; and
WHEREAS, on May 8, 2019, the City of Rochester Planning and Zoning Commission reviewed the
application according to the requirements of R.C.O. § 62.708 (subd. 3) and recommended approval
with modifications to staff’s conditions; and
WHEREAS, on June 3, 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
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conditions as listed below by the Staff Report; and
WHEREAS, the Council adopts staff findings A-K as described in the staff report dated May 8,
2019, and finds the proposal meets the regulations in R.C.O. § 62.708 (subd. 3) Conditional Use
Permit Restricted Development Final Plan;
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 eleven conditions of approval shown below.
BE IT FURTHER RESOLVED that the City approve Conditional Use Permit Final Restricted
Development Plan #R2018-029CUP requested by EKN DEVELOPMENT GROUP, subject to the
conditions of approval shown below:
CONDITIONS
1. Prior to the issuance of building permits, a revised Site Plan shall identify:
a. Correction of a typo in the zoning table to identify 20 Parking Stalls instead of 21
Parking Stalls under Section” Parking: Retail Maximum Base Stall Parking” and
b. Remove “Lighting Standard B” in the zoning table and reference the Photometric
Plan identified in Electrical Sheet ES102.
2. A list of roofing materials shall be provided prior to the issuance of building permits.
Asphalt is not a permitted material within the DMC.
3. A revised Utility Plan that identifies a larger domestic water service, to the satisfaction of
Rochester Public Utilities, is required prior to issuance of building permits.
4. A revised Landscape Plan which eliminates plantings within all proposed utility
easements, to the satisfaction of Rochester Public Utilities, is required prior to issuance
of building permits
5. Vacation Petition #R2019-001VAC shall be recorded prior to issuance of building permits.
6. Final Plat #R2019-005PLAT, known as RHP Hotel Subdivision, shall be recorded prior to
the issuance of building permits.
7. A Development Agreement shall be executed prior to the issuance of building permits.
8. A Pedestrian Walkway Declaration and/or a Pedestrian Facilities & ROW Maintenance
Easement shall be finalized concurrent with execution of the Development Agreement, to
the satisfaction of Rochester Public Works.
9. Grading and Drainage Plan approval is required prior to issuance of building permits.
10. A City-Owner contract shall be executed prior to the construction of any public
improvements associated with this project.
11. 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.
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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)
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