HomeMy WebLinkAboutResolution No. 384-15 - Ruth.RestDevePrelimPlan.R2015020CUP.RESOLUTION
WHEREAS, Alan Ruth applied for a Restricted Development Preliminary Plan #R2015-
020CUP. The Applicant proposes to amend the Cascade Creek Development Restricted
Development #R2009-026CUP to allow for the construction of a two-story daycare facility with
associated parking. The property is located at Lot 1, Block 2 of Cascade Redevelopment Plat
north of Fourth Street N.W., and west of Sixth Avenue N.W., Rochester, MN; and,
WHEREAS, the property is described as follows:
Lot 1 Block 2 Cascade Creek Redevelopment comprising of .32 acres; and,
WHEREAS, since the Applicant seeks to amend the original Restricted Development
approval (#R2009-026CUP) to change the approved six townhome units to an 11,310 square
foot daycare facility to allow for the expansion of the operations of the existing New Horizon
Daycare facility, the Applicant is proposing the development through the restricted
development process; and,
WHEREAS, R.C.O. §62.700 recognizes that certain land uses which are generally not
allowed within a given zoning district can, if regulated, "serve both the public interest and allow a
more equitable balancing of private interests than that achieved by strict adherence to standard
zoning regulations;" and,
WHEREAS, R.C.O. §62.700 further states that the ordinances providing for restricted
developments encourage innovation and experimentation in the development of land that would
otherwise not be possible under the established zoning district regulations; and,
WHEREAS, this application requires a two-step review process consisting of a preliminary
plan and a final plan. The preliminary plan phase follows the Type III, Phase II procedure with a
hearing before the Planning Commission and a hearing before the Council. The final plan phase
is a Type III, Phase III procedure with a hearing before the City Council; and,
WHEREAS, R.C.O. §62.706 states the Council must approve a restricted development
preliminary plan if it finds the development satisfies the criteria listed in R.C.O. §62.708, subd. 2 or
a modification for any unmet criteria has been granted as provided in R.C.O. §62.712; and,
WHEREAS, R.C.O. §62.712 states the Council may waive the need to satisfy certain
approval criteria if it finds:
1. The applicant has demonstrated that the plan as submitted adequately
compensates for failing to address the criterion in question; and,
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2. The strict application of any provision would result in exceptional practical
difficulties to, or exceptional and undue hardship upon, the owner of such
property, provided the modification may be granted without substantial
detriment to the public good and without substantially impairing the purposes
of this ordinance or the policies of the Land Use Plan; and,
WHEREAS, R.C.O. §62.708 (Criteria for Type III Developments), subd. 2 provides the
relevant criteria for the review of this application; and,
WHEREAS, the Planning Department applied the criteria found at R.C.O. §62.708, subd. 2
(Preliminary Type III Development Plan) to this application and prepared the following findings of
fact:
A. Capacity of Public Facilities: City sewer and water, and other
utilities are available to serve the site. Final plans will need to be
prepared by a civil engineer and approved by RPU and conform to
standard City of Rochester requirements.
B. Geologic Hazards: There are no known geologic hazards on the
property. Cascade Creek runs just west of the property causing
the site to be inundated by the 500 year flood zone. There are no
comments regarding wetlands.
C. Natural Features: There are no known unique natural features at
the site.
D. Residential Traffic Impact: Access to the site is by way of 4t"
Street NW, a residential roadway. The use will create additional
traffic during the peak times when pick up and drop off occur.
E. Traffic Generation Impact: The anticipated traffic will not
substantially increase the capacity of the adjacent roadways.
F. Height Impacts: The proposed buildings fall within the
permitted height limits within the R-2 zoning district. It will not
prohibit any views that were not already altered by the previously
approved Restricted Development.
G. Setbacks: The setbacks are below the minimum requirements;
however the intended urban mixed use development of this area
designs buildings closer to the right-of-way to provide a pedestrian
friendly environment. Adequate privacy is still maintained on site.
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H. Internal Site Design: The site layout provides adequate
building separation and orientation to the existing single family
dwelling located to the south. Circulation is designed to move
patrons through the site efficiently with Kutzky Ct NW wrapping the
site on the north, east and west. There are good pedestrian
connections, providing access to the adjacent trail system and
developments.
Screening and Buffering: There will be parking lot
screening with a low brick wall along 4t" Street NW and four trees
within the islands in the parking lot. Boulevard trees will also be
planted along 4t" Street NW. Bufferyards are not required on this
lot as the project is part of a larger development site which includes
the existing daycare facility and apartments.
J. Ordinance Requirements: Adequate amounts of off-street parking
are being provided and loading areas are addressed by privately
signed stalls for short term visitors on site.
K. General Compatibility: The character of the surrounding
neighborhood should not be affected by this proposed use. The
building materials and massing are designed to blend with the
existing Restricted Development and the height is in line with the
residential lots to the south.
L. Non -Vehicular and Alternate Modes of Travel: The location of
this project adjacent to the downtown core provides incentive to
utilize alternative modes of travel. There are good pedestrian
connections to Civic Center NW, the Cascade Creek trail, and a
nearby bus station; and,
WHEREAS, the Planning Department's July 1, 2015, staff report states that, based upon its
proposed findings of fact, Planning Department staff would recommend approval of the
preliminary plan subject to the following conditions-
1 . An official E911 address will be required for this property/building.
2. A Traffic Impact Study or a waiver of this obligation is required from the
Director of Public Works.
3. Boulevard trees will be required for the development. Prior to the
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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 selected, the Owner shall either make
applicable cash payment to the Rochester Park & Recreation Department
or submit a planting plan to the City Forester for a planting permit prior to
final development approval.
4. There is an existing development agreement for this property and
development is subject to the terms of said agreement.
5. Grading & Drainage Plan approval is required for this application, as well
as, payment of any applicable Storm Water Management Plan Area
Charge (SWMPAC) for the increase in impervious surface.
6. Development Related Charges for SAC & WAC were previously paid for
this Property and there are no other SAC & WAC obligations due. A Plant
Investment Fee is applicable and will be collected through the Building
Permit approval process.
7. The Council's actions in approving this development occur in response to the
applicant's or his/her representative's oral and written representations as to
the appearance of the building design, exterior fagade, and landscaping. As
such, the applicant must not deviate from the appearance of the building
design, exterior fagade and landscaping as originally presented to the
Council without the Council's prior approval.
8. Three parking stalls must be removed from the original plan and used as
landscape area, bringing the total parking stall count to 21 spaces; and,
WHEREAS, on July 8, 2015, the Rochester Planning and Zoning Commission held a public
hearing on this restricted development preliminary plan and reviewed the application according to
the requirements of R.C.O. §62.708. At its July 8t" meeting, the Commission recommended
approval of the application based upon Planning Department staffs recommended findings of fact
subject to the staffs eight recommended conditions of approval; and,
WHEREAS, this matter came before the Common Council as a public hearing on August 3,
2015. At the August 3rd public hearing, the Common Council permitted all interested persons to
testify and give testimony on the restricted development preliminary plan request; and,
WHEREAS, at the August 3rd public hearing, the Planning Department staff recommended
the addition of condition of approval #9 to read as follows:
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9. A cross parking and access agreement is needed for the eastern parking
stalls and drive aisle.
WHEREAS, based upon a preponderance and substantial weight of the evidence
submitted at the August 3rd public hearing, the Common Council determines that the Applicant
satisfied the criteria of R.C.O. §62.708 subject to the Planning Commission's recommended eight
conditions of approval and the Planning Department staffs recommended ninth condition of
approval.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that the Restricted Development Preliminary Plan #R2015-020CUP is in all things approved
subject to the nine conditions as described above.
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.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone 15\RestDevPre.1520
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