HomeMy WebLinkAboutResolution No. 545-14 • 545-14 F6
RESOLUTION
WHEREAS, O'Reilly Auto Enterprises, LLC applied for an amendment to the 41 st Street
Plaza Project Development Plan in the Arboretum Special District #R00001 SD to permit retail
use. The facility would be one story and approximately 10,000 square feet. The property is
located northwest of the intersection of 41 st Street N.W., and 31 st Avenue N.W.; and,
WHEREAS, the proposed development is subject to the provisions of Ordinance #2247,
which establishes the Arboretum Special District and provides for procedures for approval of
projects within the Special District. In this instance, A Type III, Phase II review procedure is
necessary for both the project development plan phase and the final development plan phase
of the review. This requires public hearings at both the Planning Commission and the City
Council. According to the R.C.O. §60.327, this application will need to be measured against
the criteria applicable for conditional use permits (Section 61.146) and also for a Restricted
Development Preliminary Plan (Section 62.708); and,
WHEREAS, with respect to R.C.O. §61.146 and assuming this application were
approved subject to conditions or modifications, the Planning Department staff suggests that
findings within this Section could not be made to support denial of this request; and,
WHEREAS, R.C.O. § 62.708 (Criteria for Type III Developments) provides the relevant
criteria for the review of this application; and,
WHEREAS, the Planning Department applied the criteria found at Section 62.708 to this
application and prepared the following findings of fact:
1) Preliminary Development Plan Criteria:
a) Capacity of Public Facilities: Detailed grading and drainage plans
shall be approved prior to Final Site Plan approval. Existing public
facilities are adequate to serve the proposed development.
Additionally, public facilities shall be reviewed by referral agencies
through the Final Site Plan phase.
b) Geologic Hazards: There are no known geologic hazards
associated with the development of this site.
c) Natural Features: The site proposes a retention pond that serves
an existing drainage way.
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d) Residential Traffic Impact: This development is not expected to
generate traffic on residential roadways. Access to the site will be
from proposed internal roadway accesses that access existing
access points on 41 st Street N.W., and 31 st Avenue N.W.
e) Traffic Generation Impact: A traffic analysis was completed
for this development in 2002.
f) Height Impacts: The proposed height is 19 feet. This is less
than the proposed 40-foot height approved for a bank at this site in
2002.
g) Setbacks: Setbacks from the external project boundaries exceed
those that would be required in a commercial zoning district in the
City.
h) Internal Site Design: The site includes a drainage pond and
43% landscaping.
• i) Screening and Buffering: The site is subject to boulevard
trees regulations and this shall be reviewed during the Final Site
Plan review. Individual site landscaping will need to be identified
with the Final Plan application.
j) Ordinance Requirements: Additional detail will be provided
at the Final Plan review, which will provide additional opportunity to
review site plans for compliance with applicable Ordinance
requirements.
k) General Compatibility: The building orientation, height and size
appear compatible with the surrounding uses. Additional detail will
be provided at the Final Plan stage and will provide additional
opportunity to review finer details of site compatibility.
1) Non-Vehicular and Alternate Modes of Travel: Pedestrian
access is required and shall be reviewed at the Final Plan stage;
and,
WHEREAS, on November 12, 2014, the Rochester Planning and Zoning Commission
held a public hearing on this restricted development preliminary plan, reviewed the application
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according to the requirements of Section 62.708, adopted the Planning Department's
recommended findings of fact and recommended approval of the application subject to the
following conditions:
1. The Final Site Plan should include:
A. Completed site capacity calculation for the property and data
identifying the total site area, proposed Floor Area Ratio and
Landscape Area for the project shall be noted on the site plan;
B. Final building design, building elevations, materials and colors,
landscaping, and sign detail; and,
C. Boulevard trees, bufferyard, photometric, parking information and
access design satisfying Ordinance regulations.
2. The applicant shall satisfy boulevard tree requirements per Park and
Recreation Department comments and Zoning Ordinance regulations.
• 3. The applicant shall satisfy the following Public Works comments:
A. Grading & Drainage Plan approval is required;
B. To meet the intent of Section 64.143 regarding access spacing
standards, the proposed driveway access to the shared private
roadway should be shifted westerly to a at a minimum align with the
driveway across the private roadway to the north; and
C. Development of this property is subject to the Plant Investment Fee
(PIF) that will be calculated and collected through the Building
Permit review and approval process.
WHEREAS, the Common Council held a public hearing on the restricted development
preliminary plan request on December 1, 2014, and permitted all interested persons to be heard;
and,
WHEREAS, based upon a preponderance and substantial weight of the evidence
submitted at the December 1st public hearing, the Common Council determines that the
Applicant satisfied the criteria of Section 62.708 if the above conditions were satisfied.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the amendment to the 41 st Street Plaza Project Development Plan in the
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Arboretum Special District #R00001 SD requested by O'Reilly Auto Enterprises, LLC to permit
retail use is in all things approved subject to the above three conditions.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
RQCHESTER, MINNESOTA, THIS 1st DAY OF DECEMBER , 2014.
PRESIDENT SAID COMMON COUNCIL
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• ATTEST: .¢ems-•
CITY CLERK
APPROVED THIS -2nd DAY OF DECEMBER , 2014.
MAYOR OF SAID CITY
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