HomeMy WebLinkAboutResolution No. 217-19 - Resolution Approving CUP Restricted Dev Prelim Plan CD2019-004CUP by Hersch Hoaglan
RESOLUTION
WHEREAS, Hersch Hoaglan requested approval for a Conditional Use Permit Restricted
Development Preliminary Plan #CD2019-004CUP, which is for a four-story multi-family residential building,
containing 76 residential units. The site is 4.25 aces in size and is located south of Viola Road NE, and west
of East Circle Drive.
WHEREAS, the project is being proposed through the Restricted Development Conditional
Use Permit process because the proposed development exceeds the maximum permitted number of
stories 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 September 25,
2019, and finds the proposal meets the regulations in R.C.O. § 62.706 (subd. 2) Conditional Use Permit
Restricted Development Preliminary Plan.
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WHEREAS, on September 25, 2019 the City of Rochester Planning Commission 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.
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WHEREAS, on October 21, 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.
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 Restricted Development
Preliminary Plan #CD2019-004CUP requested by Hersch Hoaglan, subject to the conditions of approval
shown below.
CONDITIONS
1. Submission of final development plans shall include the following information:
a. A detailed list of building and ground materials, including colors.
b. A detailed landscape plan that meets the requirements of LDM 63.151.
c. A Photometric Plan that meets the requirements of lighting standard R.
d. Compliance with vehicle parking requirements.
e. Location of bicycle parking described in the submittal documents.
f. A pedestrian connection to the public trail directly to the west of the site.
g. Identification and compliance with the ‘C’ bufferyard requirement along the south and west
property lines.
h. Compliance with the recreation space requirements of LDM 63.140.
i. A utility plan that identifies the abandonment of existing water service to the site, and location
of the public water main onsite, to the satisfaction of Rochester Public Utilities, Water.
j. The location of a transformer pad, to the satisfaction of Rochester Public Utilities, Electric.
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k. The existing 10-foot utility easement shall be identified adjacent to Wheelock Drive NE and
East Circle Drive NE, to the satisfaction of Rochester Public Utilities, Electric
l. If proposed signage is beyond what is permitted with the A sign standard, a sign package
identifying the size, lighting, and location of all proposed signage shall be submitted with the
Final Development Plans.
2. Prior to the issuance of building permits, a final plat establishing the boundaries of this lot shall be
recorded.
3. Parkland dedication will be required prior to recording the Final Plat.
4. The boulevard tree requirement shall be met prior to issuance of building permits.
5. Prior to final development plan approval, the Grading and Stormwater Management Plan associated
with development proposed as CD2019-004CUP shall be approved
6. Execution of a City-Owner Contract, and dedication of any applicable public
easements (not shown on the plat) is required prior to construction of any public infrastructure within
individual lots of this development.
7. There is an existing development agreement for this site. Development of the site is subject to the
terms of that agreement.
8. Plant Investment Fee (PIF) – TBD and collected through the Building Permit process.
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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