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HomeMy WebLinkAboutResolution No. 104-22 - Resolution - Restricted Development CUP Amendment No. CD2022-002CUP-A to be known as Residences at Discovery Square RESOLUTION Approval of Conditional Use Permit Amendment- Restricted Development No. CD2022-002CUP-A, For The Development Of A Surface Parking Lot To Serve The Commercial Tenants Of The Residences at Discovery Square Building, Located On The Northeast Corner Of 6th St SW and 4th Ave SW. WHEREAS, Vance Viner, owner, requested approval for Conditional Use Permit Amendment - Restrictive Development No. CD2022-002CUP-A, to provide 18 off-street surface parking spaces for the Residence at Discovery project (R2016-042CUP). WHEREAS, the project is being proposed through the Restricted Development Conditional Use Permit Amendment process; and WHEREAS, the proposal is consistent with Comprehensive Plan 2040; and WHEREAS, The Council adopts staff findings as attached to the staff memo dated April 13, 2022, and finds the proposal meets the regulations applicable to Restricted Development (62.707, 62.708) and Conditional Use Permits (60.146); and WHEREAS, on April 13, 2022, 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 six conditions; and WHEREAS, on May 2, 2022, the City of Rochester Common Council held a public hearing to consider this application, adopted the findings of fact, and recommended approval subject to the conditions proposed by the Planning Department, with modification to condition one. 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 six conditions of approval. 1. The landscape buffer along 4th Ave SW and 6th St SW shall be improved and landscaped as represented in an updated landscape plan identifying specific plant species, in consult with the Historic Southwest Neighborhood Association. 2. A revocable permit shall be obtained for the proposed landscaping located in the 4th Ave SW right of way, adjacent to the subject property. 1 3. The accessible parking space shall be moved to the closest location to the building, to the satisfaction of the Building Safety Division of Community Development. 4. The applicant shall install a bicycle rack to accommodate two bicycles spaces on the subject property. 5. Prior to issuance of permit, the applicant shall submit photometric plan to the Community Development Department that meets the ā€œEā€ lighting standard. Any light pole shall not exceed 18 feet in height in accordance with the provisions of the DPOZ. 6. The accessory parking lot facility shall be for the exclusive use by the Residence at Discovery Square customers and tenants, nor shall parking spaces be leased out to any other user. 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) 2