HomeMy WebLinkAboutResolution No. 099-15099-15 F4
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RESOLUTION
WHEREAS, Associated Milk Producers, Inc, applied for a Type III, Phase III, Conditional
Use Permit #2015-001 for the expansion of a nonconforming use in the M-1 (Mixed Commercial -
Industrial) Zoning District. The Applicant is proposing to demolish an existing 360 square foot
office building and construct a new 1,344 square foot office building in the same location. The
property is located at 700 First Avenue S.E., west of 6'/ Street S.E., and west of Third Avenue
S.E.; and,
WHEREAS, the AMPI facility is considered a nonconforming heavy industrial use within
the M-1 (Mixed Commercial -Industrial) Zoning District. Expansions to nonconforming uses are
reviewed under R.C.O. §65.320; and,
WHEREAS, additionally, R.C.O. §65.330 provide the relevant criteria for the review of this
application and states as follows:
65.330 CHANGE IN USE:
Subdivision 1. Any nonconforming use of land or structure may be
changed to another nonconforming use of the same nature or less intensive
• nature if no structural alterations are involved and if it is found that the relation of
the structure and proposed use to surrounding property is such that adverse
effects on occupants and neighboring property will not be greater than if the
original nonconforming use continued.
Subd. 2. Approval for such a change shall be processed through the Type
III review procedure with a Phase III hearing process utilized and the criteria that
shall be considered in making the determination on the permit shall include:
A. The character and history of the use and of development in the
surrounding area.
B. The comparable degree of noise, vibration, dust, odor, fumes, glare
or smoke detectable at the property line.
C. The comparative numbers and kinds of vehicular trips to the site.
D. The comparative amount and nature of outside storage, loading and
parking.
E. The comparative visual appearance.
F. The comparative hours of operation.
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• G. The comparative effect on existing vegetation.
H. The comparative effect on water drainage.
Other factors which tend to reduce conflicts of incompatibility with the
character or needs of the area; and,
WHEREAS, the Planning Department staff applied the criteria found at R.C.O. §65.330 to
this application and prepared the following findings of fact:
A. The site has historically been and currently is a mixture of heavy industry,
light industry, wholesaling, retail, business, and storage. The site is
bounded on the south, west and east by the B-4 General Commercial
Zoning District, on the north with M-1 (Mixed Commercial -Industrial)
Zoning District consisting of office uses and nonconforming residential
uses. The proposed expansion will not change the character of the
surrounding area;
B. The proposed expansion of an office use should not increase any amenity
impacts to neighboring properties;
C. Parking is located on the parcel to the north of the new office building. It
is considered that vehicle trips will not be significantly affected through
addition of this office building;
D. The proposed expansion does not increase the amount of loading or
outside storage beyond which is currently permitted on site;
E. The visual appearance of the property will not change significantly due to
the expansion. Siding and roofing will be colored to match the adjacent
facility;
F. The expansion will have no effect on the hours of operation;
G. The development will have no effect on existing vegetation;
H. The development will have very little effect on water drainage. The area
where the building is to be sited is currently an impervious surface; and
I. There should be no adverse effects of this development given its small
nature and use; and,
WHEREAS, on February 11, 2015, the Rochester Planning and Zoning Commission held
a public hearing on said conditional use permit, reviewed the application according to the
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0-equirements of R.C.O. §65.330, and recommended approval based upon Planning Department
staff findings of fact subject to the following conditions:
The applicant must apply for and receive all necessary permits from the
City of Rochester Building Safety Department, City of Rochester Public
Works Department, and any other city agencies; and
2. Boulevard trees are required for the development at the rate of 1 tree per
35 feet of frontage on 6th Street SE, 6 Y2 Street SE, and 3rd Ave SE. A
boulevard tree planting plan shall be approved by the City Forester prior to
planting. Payment may be made in lieu of this requirement. Please liaise
with the Park and Recreation Department regarding this requirement; and,
WHEREAS, on March 2, 2 015, the Common Council held a public hearing on the
conditional use request and permitted all interested persons to be heard; and,
WHEREAS, at the March 2"d public hearing, the Applicant's representative indicated
agreement with the two recommended conditions of approval; and,
WHEREAS, following the public hearing, the Common Council determined that the
applicant satisfied the conditions of R.C.O. §65.330 by a preponderance of the evidence
submitted at the public hearing subject to the above two conditions as amended.
0 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the Conditional Use Permit #2015-001 requested by Associated Milk Producers,
Inc., is granted subject to the above two conditions.
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099-15 F4
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 2nd. DAY OF MARCH , 2015.
PRESIDENT C}I SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS 3rd DAY OF MARCH , 2015.
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MAYOR OF SAID CITY
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