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HomeMy WebLinkAboutResolution No. 361-15 - 41stStreetPlazaPrjctDevelop.AboretumSpecialDistrictRESOLUTION WHEREAS, Elton Hills Plaza West, LLC applied for an amendment to the 41st Street Plaza Project Development Plan in the Arboretum Special District #R00001SD to allow retail, office, personal services, and banking uses, and to amend the sign standards. The property is located at 3185 41st Street N.W.; and, WHEREAS, the proposed development is subject to the provisions of Ordinance #2247, which establishes the Arboretum Special District and provides for procedures for approval of projects within the Special District. In this instance, A Type III, Phase II review procedure is necessary for both the project development plan phase and the final development plan phase of the review. This requires public hearings at both the Planning Commission and the City Council. According to the R.C.O. §60.327, this application will need to be measured against the criteria applicable for conditional use permits (Section 61.146) and also for a Restricted Development Preliminary Plan (Section 62.708); and, WHEREAS, with respect to R.C.O. §61.146 and assuming this application were approved subject to conditions or modifications, the Planning Department staff suggests that findings within this Section could not be made to support denial of this request; and, WHEREAS, R.C.O. § 62.708 (Criteria for Type III Developments) provides the relevant criteria for the review of this application; and, WHEREAS, the Planning Department applied the criteria found at Section 62.708 to this application and prepared the following findings of fact: 1) Preliminary Development Plan Criteria: a) Capacity of Public Facilities: Existing public facilities are adequate to serve the proposed development. Any alteration to the building or new construction of a structure triggers a final site plan, and public facilities shall be reviewed by referral agencies through the Final Site Plan phase. Detailed grading and drainage plans shall also be approved prior to Final Site Plan approval or site development plan approval. b) Geologic Hazards: There are no known geologic hazards associated with the development of this site. c) Natural Features: The site has an existing drainage way on the west side. 1 d) Residential Traffic Impact: This development is not expected to generate traffic on residential roadways. Access to the site will be from proposed internal roadway accesses that access existing access points on 41st Street N.W., and 31st Avenue N.W. e) Traffic Generation Impact: A traffic analysis was completed for this development in 2002. f) Height Impacts: A new structure is not proposed. Freestanding signage height would be limited to 30 feet. g) Setbacks: Setbacks from the proposed parking from external project boundaries exceed those that would be required in a commercial zoning district in the City. h) Internal Site Design: The site includes a drainage way and 15,990 square feet of landscaping (8,409 square feet of landscaping originally required). i) Screening and Buffering: The site is subject to boulevard trees regulations. Individual site landscaping will need to be identified with any Final Plan or site development plan application. j) Ordinance Requirements: The proposal otherwise complies with Ordinance requirements. Additional detail will be provided at the Final Plan or site development plan review, which will provide additional opportunity to review site plans for compliance with applicable Ordinance requirements. k) General Compatibility: The building orientation, height and size appear compatible with the surrounding uses. There is an existing large freestanding sign with reader board on the car wash property. No changes are proposed to the building. Additional detail will be provided at the Final Plan or site development stage, and will provide additional opportunity to review finer details of site compatibility. 1) Non -Vehicular and Alternate Modes of Travel: Pedestrian access is required and shall be reviewed at the Final Plan or site development plan stage; and, 2 WHEREAS, on June 24, 2015, the Rochester Planning and Zoning Commission held a public hearing on this amendment to the 41st Street Plaza Project Development Plan in the Arboretum Special District, reviewed the application according to the requirements of Section 62.708, adopted the Planning Department's recommended findings of fact and recommended approval of the application subject to the following conditions- 1. The applicant should modify the Project Development Plan to state the following regarding signage on Lot 5, Block 1: A. Freestanding signage for this lot shall be limited to 350 total square feet and no higher in height than 30 feet. Such signage shall be located south of the building; B. A total of 750 square feet of wall signage will be permitted on the south facade of the existing building; and, C. Other sign standards for this lot will be regulated under "C" or "D" standards of the B-4 district, pursuant to use type. 2. Boulevard trees will be required for the development. Prior to the development of the property, the Owner shall determine which of the two available options, Payment Method or Install Boulevard Trees, will be used to meet their boulevard tree obligations for each phase of development. Once the option is slected, the Owner shall either make applicable cash payment to the Rochester Park and Recreation Department or submit a planting plan to the City Forester for a planting permit prior to final development approval. Trees shall be planted every 35 feet. 3. Site development plan application submission and approval shall be required prior to construction or installation of the proposed 16 parking spaces south of the existing building. 4. An additional 10-foot public utility easement is required for all existing RPU equipment. WHEREAS, the Common Council held a public hearing on the restricted development preliminary plan request on July 20, 2015, and permitted all interested persons to be heard; and, WHEREAS, based upon a preponderance and substantial weight of the evidence submitted at the July 20t" public hearing, the Common Council determines that the Applicant satisfied the criteria of Section 62.708 if the above conditions are satisfied. 3 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that the amendment to the 41st Street Plaza Project Development Plan in the Arboretum Special District #R00001SD requested by Elton Hills Plaza West, LLC, to allow for retail, office, personal services, and banking uses, and to amend the sign standards is in all things approved subject to the above four conditions. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS ATTEST: CITY CLERK DAY OF , 2015. PRESIDENT OF SAID COMMON COUNCIL APPROVED THIS DAY OF , 2015. (Seal of the City of Rochester, Minnesota) Zone15\SpDistDevPlan.1504 21 MAYOR OF SAID CITY