HomeMy WebLinkAboutResolution No. 070-20 - CD2019-008CUP KMART Parking Facility Conditional Use Permit
RESOLUTION
WHEREAS, Camegaran, LLC requested approval for Conditional Use Permit #CD2019-
008CUP, which is for a two phased surface parking lot. The first phase would include 729 parking
stalls. The second phase would include demolition of the existing 115,736 square foot building to
create an additional 654 parking stalls. The site is 11.33 acres located between 9th Street SE and
3rd Ave SE.
WHEREAS, the project is being proposed through the Conditional Use Permit process
because the Downtown Parking Overlay Zone requires all new stand-alone parking facilities to be
review through the Conditional Use Permit process ; and,
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WHEREAS, on December 11, 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 three proposed by the Planning Department.
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WHEREAS, on January 6, 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 four, as outlined in a City Council Memo dated January 6, 2020.
WHEREAS, on January 6, 2020, the City Council voted to table the development
application to allow for additional discussion between the City and Owner regarding the lease
agreement (condition 1).
WHEREAS, on February 19, 2020, the Council adopted staff findings as described in the
staff report dated December 11, 2019, and the City Council Memo dated January 6, 2020, and
finds the proposal meets the regulations in R.C.O. § 61.146 Standards for Conditional Uses.
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 #CD2019-
008CUP requested by Camegaran, LLC, subject to the conditions of approval shown below.
CONDITIONS
1. Prior to occupancy of the site, the applicant shall execute and record a lease agreement
between the City of Rochester and the property owner. The lease agreement shall
include:
a. Lease shall include designation as a public parking facility, this designation should
note what portion (either by percentage or number) of parking stalls shall be
considered public as coordinated between the Owner and Lessee;
b. Lease shall include designation as a city park and ride location;
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c. Proposed use as a parking facility shall not exceed ten (10) years; and
d. Lease shall include additional placemaking features including an enhanced park
node located near Slattery neighborhood and a commitment to enter into a cost
share Agreement with the City and DMC to develop a Small Area Plan for the site
and surrounding area as agreed upon by the parties to the Agreement.
e. Phase 2 of the proposed redevelopment including demolition of the existing building
should begin by Fall 2020.
2. A revised site plan shall be submitted to planning staff and approved prior to occupancy
of the parking lot. The revised plan shall identify
a. Clearly identify an east to west pedestrian route connecting pedestrians to the
bus shelter in phase 1
b. Removal of the westernmost access to the parking lot, or to separate the access
from the parking lot and keep it for only the commercial properties immediately
east of the railroad tracks
c. Traffic visibility zones at entrances.
d. Phase 2 will require separate conditional use permit approval
e. Amend the zoning table to that the sign standard is legible
3. Staff recommends a condition of approval that the landscaping and fencing
improvements along the north property line shall not occur until the cross access issue
with the property to the north has been resolved.
4. Prior to occupying the site, the applicant shall work with the City Forester and the Parks
Department to determine the feasibility of boulevard trees in this location. If determined
ultimately by the City Forester and the Parks Department that boulevard trees are
feasible the applicant shall submit a revised site plan that includes the location of
boulevard trees. If it is determined by the City Forester and the Parks Department that
boulevard trees are not feasible, the applicant shall complete a payment in lieu per
64.160 Subd 3.A.
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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)
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