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HomeMy WebLinkAboutResolution No. 124-22 - Resolution - Incentive Development Conditional Use Permit Amendment No. CD2022-004CUP-A to be known as City Walk RESOLUTION Approving Conditional Use Permit Incentive Development Amendment No. CD2022-004CUP-A By 988 Rochester, LLC, For Development Of A Six Story, 142 Unit Multi-Family Building, To Be Known As CityWalk, At The Intersection of 6th Ave SW and 2nd St SW. WHEREAS, 988 Rochester LLC, owner, requested approval for Conditional Use Permit Amendment – Incentive Development No. CD2022-004CUP-A. WHEREAS, the project is being proposed through the Incentive Development Conditional Use Permit Amendment process; and, WHEREAS, the proposal is consistent with Comprehensive Plan 2040. WHEREAS, The Council adopts staff findings as attached to the staff memo dated April 27, 2022, and finds the proposal meets the regulations applicable to Incentive Development (62.630). WHEREAS, on April 27, 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 fourteen conditions. WHEREAS, on May 16, 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 fourteen conditions of approval. 1. A updated Photometric Plan, consistent with the “R” Lighting Standard, shall be provided to Community Development prior to the issuance of building permits. Photometric Plans shall include footcandles extending to each property line. 2. Grading and Drainage Plan shall be approved prior to the approval of building permit plans. 1 3. An approved Traffic Control plan is required prior to approval of building permits. 4. Execution of an Individual Site Development Agreement is required prior to approval of building permits. 5. The vacation of the alley on the northwest side of the building shall be recorded prior to building permit approval. 6. A Final Plat application approval is required prior to building permit approval. 7. 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. 8. 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. 9. Development charges applicable to the redevelopment of this property shall be paid prior to the issuance of utility connection permits, or at the City’s discretion. 10. The applicant will comply with the Rochester Fire Department Memo, dated December 30th 2021. 11. 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. 12. The boulevard tree planting requirements, which meet the placement standards of the Parks Department, shall be met prior to issuance of a building permit. 2 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) 3