HomeMy WebLinkAboutResolution No. 056A-12 ;T, , �..A.
RESOLUTION
• WHEREAS, Northwest Investments of La Crosse, LLC, applied for a variance from the
requirement of section 63.265, subd. 5(C), of the Rochester Code of Ordinances as to the
minimum number of boulevard trees to be installed along the north side of 19th Street N.W., and
along the east side of West Circle Drive; and,
WHEREAS, R.C.O. §63.265, subd. 5(C) requires one boulevard tree for every 35 feet of
frontage in commercial and industrial zoning districts; and,
WHEREAS, the Applicant seeks to place on boulevard tree for every 50 feet of frontage
as part of this proposed development and seeks a variance from R.C.O. §63.265, subd. 5(C) in
order to do so; and,
WHEREAS, R.C.O. §60.417 provides the criteria by which a variance request is
analyzed; and,
WHEREAS, the Planning Department staff applied the criteria found in R.C.O. §60.417
and made the following findings of fact:
1. UNIQUE CIRCUMSTANCES: There would not appear to be unique
circumstances or conditions that apply to the Applicant's property that do
not apply generally to other properties within the M-1 (Mixed Commercial
• Industrial) and M-2 (Industrial) Zoning Districts. The required boulevard
trees can be grouped to address site factors that affect the tree spacing and
to allow for more visibility for commercial/industrial developments.
2. REASONABLE USE: The granting of this variance request would not
appear to be a reasonable use of the property since there is flexibility in the
placement of boulevard trees and there is a number of species and size of
trees that could be planted that don't block the visibility of the
commercial/industrial development.
3. ESSENTIAL CHARACTER: The granting of this variance request would
not be substantially detrimental to the adjacent property as those properties
were developed prior to the establishment of the boulevard tree ordinance.
As existing property in the area is redeveloped, the boulevard tree
ordinance will need to be complied with.
4. INTENT AND PURPOSE: The granting of this variance would be
detrimental to the intent and purpose of the City of Rochester Zoning
Ordinance as the City of Rochester finds that trees and especially shade
trees provide numerous community benefits such as:
• Protection of water quality and enhanced stormwater control;
• Aesthetic values for commercial areas;
• Air pollution reduction through removal of atmospheric chemicals
including greenhouse gases and particulate matter;
• Energy saving by reducing the urban heat island impacts and
reduced building heating and cooling costs;
• Health benefits through an increase sense of community;
• Enhanced property values; and
5. CONSISTENCY WITH COMPREHENSIVE PLAN: The use of the property for
commercial and industrial uses is consistent with the Comprehensive Plan; and,
WHEREAS, the Applicant suggested the following findings of fact in response to the
criteria found at R.C.O. §60.417:
1. UNIQUE CIRCUMSTANCES: There would appear to be unique
circumstances or conditions that apply to the Applicant's property that do
not apply generally to other properties within commercial and industrial
zoning districts. This is the first commercial Applicant with a large
development to proceed through the relatively new Boulevard Tree
Ordinance. Because of the large size of the development, an internal street
system is required which creates layers of boulevard trees that act as a
• screen. In addition, the City of Rochester Common Council has directed
staff to amend the Boulevard Tree Ordinance and staff time has not been
available to amend the ordinance to meet the timeline the development
requires.
2. REASONABLE USE: The granting of this variance request would appear to
be a reasonable use of the applicant's property. The intent and purpose of
the Boulevard Tree Planting Standards continues to be met and the visibility
required for a viable healthy commercial retail area is provided for.
3. ESSENTIAL CHARACTER: The granting of this variance request would
not be substantially detrimental to the adjacent property owners because
none of the adjacent commercial and industrial uses were required to have
boulevard trees.
4. INTENT AND PURPOSE: The granting of this variance would not be
detrimental to the intent and purpose of the City of Rochester Zoning
Ordinance. The property would continue to meet the Boulevard Tree
Planting Standards intent and purpose.
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• 5. CONSISTENCY WITH COMPREHENSIVE PLAN: The M-1 and M-2
Zoning Districts are consistent with the Comprehensive Plan; and,
WHEREAS, this matter came before the Common Council at its February 6, 2012,
meeting; and,
WHEREAS, at the February 6th public hearing, many persons appeared and testified in
this matter. The testimony can be summarized as follows:
1. There is a strong public purpose behind the adoption of the boulevard tree
ordinance. Trees reduce pollution, reduce impervious surfaces, increase
property values, further the Complete Streets Policy and are aesthetically
pleasing;
2. The bunching of trees and tree selection will allow increased visibility
despite the ordinance's 35-foot separation requirement;
3. The tree ordinance's provisions are too harsh for reasonable commercial
development and pose a hazard to the traveling public;
4. The granting of this variance will lead to numerous additional variance
• requests; and,
WHEREAS, at the February 6th public meeting, the Council concluded the Applicant was
in a unique circumstance as the proposed development occurs at a time following the initial
adoption of the Boulevard Tree Ordinance and before Council-directed changes to that
Ordinance were implemented; and,
WHEREAS, at the February 6th public hearing the Council concluded that the Applicant's
recommended findings of fact were persuasive and were supported by the information
presented to the Council with the addition of the timing matter (after the initial adoption of the
ordinance and before changes to the ordinance were adopted) as a unique circumstance. As
such, the Appellant had satisfied the criteria of R.C.O. §60.417 and was, therefore, entitled to
the variances.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the City approve the request of Northwest Investments of La Crosse, LLC for a
variance from R.C.O. §63.265, subd. 5(C) requiring one boulevard tree for every 35 feet of
frontage in this commercial zoning district by requiring one boulevard tree for every 50 feet of
frontage.
BE IT FURTHER RESOLVED that the requested variances are granted to the Applicant
consistent with the Applicant's recommended findings of fact stated herein and the unique timing
�f the Applicant's proposed development.
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BE IT FURTHER RESOLVED that the City Forester remain involved in the approval of
*tree species, groupings and placements.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS & D O , 2012.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: JAIaL4,
DrAPUTY CITY ER
APPROVED THIS ;77w DAY OF z5&&9z4fe 12012.
MAYOR OF SAID CITY
Seal of the City of
Rochester, Minnesota)
Zone l=adanceRes.1115
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