HomeMy WebLinkAboutResolution No. 020-22 - Resolution - Incentive Development - CUP Final Plan No. CD2021-025CUP CityWalk
RESOLUTION
Approving Conditional Use Permit No. CD2021-025CUP By 988 Rochester, LLC for
the Development of a Seven-story, 131 Dwelling Unit Multi-family Building, on a
Total of 0.5 Acres Within a CDC-RES Zoning District, Located at the Southwest
Corner of 2nd St SW and 6th Ave SW.
WHEREAS, the project is being proposed through the Incentive Development Conditional
Use Permit process because the proposed development exceeds the maximum permitted
Floor Area and Density in the base zoning district.
WHEREAS, The proposal is consistent with Comprehensive Plan 2040.
WHEREAS, The Council adopts staff findings as described in the memo dated Jan. 7, 2022,
and finds the proposal meets the regulations in R.C.O. § 62.630 (subd. 3) Conditional Use
Permit Incentive Development Final Plan.
WHEREAS, Sept. 22, 2021, 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 fourteen proposed by the Community
Development Department and the Planning Commission.
WHEREAS, on Oct. 5, 2021, the applicant requested a continuation to address traffic
concerns identified by the Development Services and Infrastructure Team.
WHEREAS, on Dec. 16, 2021, the applicant submitted a revised site plan which modified
the northeast side of the site.
WHEREAS, on Jan. 19, 2022, the City of Rochester Common Council held a public hearing
to consider this revised application and adopted the findings of fact and recommended
approval subject to conditions one through thirteen proposed by the Community
Development Department.
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 thirteen conditions of approval.
BE IT FURTHER RESOLVED that the City approve Conditional Use Permit Incentive
Development Preliminary Plan CD2021-025CUP requested by 988 Rochester, LLC, subject
to the conditions of approval shown below.
1. Grading & Drainage Plan shall be approved prior to the approval of building
permit plans.
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2. An approved Traffic Control plan is required prior to approval of building
permits.
3. Execution of an Individual Site Development Agreement is required prior to
approval of building permits, to address Owner’s and City’s obligations
regarding items such as improvements to 6th Ave SW, Street scaping,
allowed encroachments into public easements / ROW, seasonal
maintenance of the alley (snow removal), general improvements to the alley,
development related charges, public use of pedestrian orientated spaces
outside of the public ROW, etc.
4. The vacation of the alley on the northwest side of the building shall be
approved prior to building permit approval. Approval of the Conditional Use
permit does not guarantee approval of the alley vacation.
5. A Final Plat application is required prior to building permit approval.
6. Execution of a City prepared Revocable Permit Agreement is required for all
private encroachments including landscaping and private amenities within
the public ROW or easements, approved as part of this CUP. The size of the
proposed projecting sign exceed current guide lines and should be
acknowledged / approved by Council as part of the CUP approval process
so that the Revocable Permit Agreement for the signs is a means of
memorializing approval of an encroachment, versus being the means for
approving the size of the signage.
7. Execution of a City-Owner Contract will be required for all public
improvements constructed for this proposed redevelopment, as well as, for
reconstruction of any existing public infrastructure within the public ROW or
easements.
8. Development charges/fees applicable to the redevelopment of this property
shall be paid prior to the issuance of utility connection permits, or at the City’s
discretion, within 30 days after.
9. The building’s automatic sprinkler system shall comply with Sections 914.3.1
through 914.3.7 of the 2020 Minnesota State Fire Code.
10. The applicant will comply with the Rochester Fire Department Memo, dated
Dec. 30, 2021, to the satisfaction of the Rochester Fire Department.
11. The property owner shall grant RPU an electric easement on the adjacent
property to the west that fully encompasses the transformer pad dimension
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as well as a 10’ wide easement for the proposed conduit pathway from the
transformer location across the west parcel to the re-platted property line.
12. Tree plantings within the public right of way shall comply with the standards
set forth in the City of Rochester Public Works Specifications and Standards
for Tree Planting, Preservation and Protection. This includes requirements
for soil volumes, structural soils, planting methods and materials.
13. The boulevard tree planting requirements, which meet the placement
standards of the Parks Department, shall be met prior to issuance of a
building permit.
14. Rented or leased parking spaces within the site shall be for residents only.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2022.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2022.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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