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HomeMy WebLinkAboutResolution No. 199-21 - Resolution - Revised - Incentive Development Conditional Use Permit Amendment No. CD2021-022CUP - The Maven on Broadway RESOLUTION Approving a Conditional Use Permit, Restricted Incentive Development Amendment No. CD2021-022CUP, amending the Urban On First (Maven) RID-CUP to allow restaurant uses on the first floor, in addition to the permitted retail use as approved by R2016-038CUP. WHEREAS, the project is being proposed through the Incentive Development Conditional Use Permit Amendment process because the original approval received additional density than what was permitted in the underlying zoning district. WHEREAS, the Council adopts the Planning Commission findings as described attached to the staff report dated August 25, 2021, and finds the proposal meets the regulations in 62.630 , Subd. 3, Conditional Use Permit Incentive Development Final Plan. WHEREAS, on August 25,2021, the City of Rochester Planning Commission held a public hearing and recommended approval of ‘restaurant’ as a permitted use subject to conditions one through four. WHEREAS, on September 20, 2021, the City of Rochester Common Council held a public hearing to consider this application and approved the addition of ‘restaurant’ as a permitted use subject to conditions one through four. 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 four conditions of approval. BE IT FURTHER RESOLVED that the City approve Conditional Use Permit Restricted Development Final Plan No. CD2021-022 CUP requested by Berkshire Residential Investments, to permit restaurant as a permitted use, subject to the following conditions: 1. The facility needs to have a grease interceptor that is compliant with current MN Plumbing Code and the City of Rochester’s FOG Ordinance. Large, outdoor gravity grease interceptor installation is strongly recommended rather than an indoor grease interceptor. 2. This structure is moving from four retail units to five. There are four suite numbers (Suites 10, 20, 30, 40) currently assigned to this address (430 1 AVE SW ROCHESTER MN 55902). Please work with us on determining a suite number for the fifth tenant space. 3. Signage within this development shall follow the Type C sign standards and shall meet the following requirements: a. Each use and/or tenant is allowed one sign per exterior building. b. Elevation: For example, corner retail may have a sign on the west and north elevation. c. All signage to be mounted to “Sign Frieze” and use a landscape orientation d. Residential wayfinding signage, for example garage and bike entries, will utilize the sign frieze for mounted lettering. e. All signage proposed to be individual lettering and logos mounted to sign frieze and above frieze base. f. Additional pedestrian scale retail blade signs allowed: 1 per tenant. Mounting locations identified on elevations. Maximum area 8 square feet per sign, minimum height 9 feet above sidewalk, projection of 5 feet or less. g. Residential use to have option for roof sign mounted near top of the building. One sign per street frontage for a total of two signs, one on each street face. Building signs will be mounted to parapet walls and not extend above roof line. Total roof signage shall be limited to 150 square feet. 4. Prior to approval of building permits, execution of a revocable permit is required for any private facilities which will extend into the public right-of-way, above, at or below grade. BE IT FURTHER RESOLVED that the City denies the application for office uses on the first floor. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2021. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: __________________________ CITY CLERK APPROVED THIS _____ DAY OF ______________________, 2021. ___________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota)