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HomeMy WebLinkAboutResolution No. 297-20 - CD2020-028CUP -Preliminary Plan The Lodge RESOLUTION Approving Conditional Use Permit Restricted Development Preliminary Plan No. CD2020-028CUP, a project consisting of 48 townhouse dwelling units, located within 12 structures, and 189 multi-family dwelling units, located within six 3- story buildings, located on the north side of Overland Drive NW and 700 feet east of the intersection of Clarkia Drive NW with Overland Drive NW. WHEREAS, the project is being proposed through the Restricted Development Conditional Use Permit process because the proposed development is not a permitted residential use 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 October 14, 2020, and finds the proposal meets the regulations in R.C.O. § 62.708 (subd. 2) Conditional Use Permit Restricted Development Preliminary Plan. th WHEREAS, on October 14, 2020, 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 ten proposed by the Planning Department. th WHEREAS, on November 9, 2020, 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 ten. 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 ten conditions of approval. BE IT FURTHER RESOLVED that the City approve Conditional Use Permit Restricted Development Final Plan No. CD2020-028 CUP requested by Daniel Penz, subject to the conditions of approval shown below. CONDITIONS 1. Submission of final development plans shall include the following information: a. Detailed elevation drawings of each building encompassed by the project, including notations of building materials and colors and include all four sides and roof elevation. Subject building elevations shall be in substantial conformance with materials, color and general character as the exhibits represented in this restricted development preliminary plan. b. Detailed floor plan for each building of each floor showing interior layout and any interior amenities to be provided. c. A detailed landscape plan that meets the following staff recommendations: • Staff recommends change out the deciduous trees along the north property line to an evergreen line of trees to provide year round visual buffer from the properties to the north. • Additionally staff would recommend implementing evergreen trees in the “C” buffer yard on the east side of the project rather than the deciduous trees to provide a visual buffer screen year round to break up the buildings below the single family homes. • Staff recommends that the applicant place a few to several trees on the east side of the entry drive to make a strong entry statement into the community. • The development should include a cluster of trees in each corner of the community park. • The development should include a tot-lot play area with surrounding benches within the R-3 Apartment Complex Component d. A Photometric Plan that meets the requirements of lighting standard R. e. If proposed signage for the development 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. f. Provide location of bicycle parking facilities and the number of bicycle parking spaces provided 2. Parkland dedication will be required prior to issuance of any building permit associated with the project. 3. A Boulevard Tree Green Facilities Agreement for Overland Drive NW shall be submitted and recorded be prior to issuance of building permits. 4. Lots 11-14 of the adjoining Hidden Oaks Subdivision have septic systems located near the eastern property boundary of the proposed development. An access easement shall be provided to the adjoining owners for the maintenance of their septic systems. 5. Plant Investment Fee (PIF) – TBD and collected through the Building Permit process. 6. The Property is subject to a Development Agreement from 2004 that contemplated full development within 5 years. Certain terms and provisions of the 2004 agreement do not address obligations that are applicable based on current standards, policies, and ordinances. To address the adequacy of public facilities for this proposed project, the Owner shall enter into an Individual Site Development Agreement (ISDA) with the City that shall replace the outdated Development Agreement as it pertains to the Property. Contact Public Works Department to discuss the process and to initiate the City’s preparation of the agreement. Execution of the ISDA shall occur prior to issuance of building permits for the project. 7. Grading & Storm Water Management Plan approval, as well as, payment for any applicable Storm Water Management Plan Area Charge (SWMPAC) is required for this project prior to building permit approvals. 8. This Property lies within the Northwest Territories (NWT) Sanitary Sewer Trunk District; however, gravity sanitary sewer is not available at this time. The Owner has requested approval to construct and maintain a private sanitary sewer lift station and force main that will facilitate initial connection of this project to the sanitary sewer in Overland Dr NW, served by the Kings Run Trunk Sanitary Sewer District. This temporary connection would remain until such time gravity service is available to the NWT Trunk District. Terms and conditions will be addressed in the ISDA. 9. Execution of a City-Owner Contract is required prior to construction of public infrastructure to serve this project. Any proposed public improvements lying within Owners private property that are not within existing public easements will require dedication of City prepared public easements prior to construction of the public infrastructure. 10. Public Works related development charges and fees applicable to the development of this Property will be addressed in the ISDA, and will be invoiced as part of the City- Owner Contract process, or collected as part of the Building Permit, including the following. • Northwest Territories Trunk Sanitary Sewer District Charge • Water Availability Charge (WAC) • Storm Water Management Plan Area Charge • Plant Investment Fee (PIF) collected at the time of Building Permit issuance PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS__________DAY OF______________, 2020. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: __________________________ CITY CLERK APPROVED THIS_____DAY OF_____________________, 2020. __________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota)