HomeMy WebLinkAboutResolution No. 130-10 136-10
• RESOLUTION
WHEREAS, Samaritan Bethany applied for a Type III, Phase II, Amendment to Restricted
Development #R2009-028 CUP to amend the approved plan by.expanding the parking lot to
include additional property they have acquired. The property is located along the south side of
Ninth Street N.W., and east of Second Avenue N.W.; and,
WHEREAS, a Restricted Development was approved for a parking facility in the adjacent
residential block since the property is zoned R-2 (Low Density Residential). Initially, the
Applicant owned four lots and had proposed two separate parking lots of 22 stalls each. Since
the initial approval of the restricted development plan, the Applicant has acquired two adjacent
lots. By combining the properties, a more efficient layout of parking can be achieved and an
increase in the'number of parking spaces (from 44 to 75) can occur; and,
WHEREAS, since parking facilities are not permitted in the R-2 zoning district, the
Applicant has proposed the development by way of the restricted development provisions; and,
WHEREAS, R.C.O. §62.700 recognizes that certain land uses which are generally not
allowed within a given zoning district can, if regulated, "serve both the public interest and allow a
more equitable balancing of private interests than that achieved by strict adherence to standard
zoning regulations;" and,
• WHEREAS, this application requires a two-step review process consisting of a
preliminary plan and a final plan. The preliminary plan phase follows the Type III, Phase II
procedure with a hearing before the Planning Commission and a hearing before the Council.
The Applicant is requesting the waiver of the final plan review; 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: No other public utilities, except for
storm water management, are necessary for the development of
the parking lot. The applicant is working with the City of Rochester
Public Works Department on ways to help mitigate the existing
flooding problem in the alley. The existing water services to lots
must be disconnected at the main in the street and the curb boxes
removed per the requirements of Rochester Public Utilities.
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• b) Geologic Hazards: There are no known geologic hazards on the
property.
c) : Natural Features: There is approximately ,13 feet of elevation
change on the site. The site will need to be graded to
accommodate the parking lot.
d) Residential Traffic Impact: The proposed use will not cause traffic
volumes to exceed planned capacities on the local residential
streets. Additional traffic would be created during times of staffing
changes at Samaritan Bethany.
e) Traffic Generation Impact: The anticipated traffic generated
by the development will not cause the capacity of adjacent streets
to be exceeded.
fl Height Impacts: N/A.
g) Setbacks: The proposed setbacks are consistent with those
required for parking facilities in other zoning districts. There will be
no parking adjacent to the front yards of the residential dwellings.
• h) Internal Site Design: The site layout provides for a large
buffer areas between the parking stalls and the adjacent side yards
of the residential dwellings.
i) Screening and Buffering: Bufferyards will need to be
established adjacent to the residential dwellings. These
bufferyards range from a wide of 20 to 30 feet and are shown to be
planted with the planting requirements of a "D" bufferyard. In order
to buffer the Parking area from the residential dwellings on the
north side of 9 h Street NW, a bufferyard meeting the "D" bufferyard
standards of Section 63.264 of the LDM should be established
along the north side of the parking lot.
j) Ordinance Requirements: The parking lot proposed
provides Samaritan Bethany with a staff parking area to
accommodate some of their parking needs for their recently
approved major addition. They received a variance to the parking
requirements when the expansion was approved.
k) General .Compatibility: The overall site design of the parking
lots provide wide bufferyards adjacent to the residential dwellings
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which will be planted with landscaping. The zoning ordinance does
allow the extension of parking areas into other residential zoning
districts.
1) Non-Vehicular and Alternate Modes of Travel: Sidewalk
connections from the parking lot to the adjacent public sidewalks are
prohibited; and,
WHEREAS, the Planning Department also considered the provision of Section 61.146 to
this application and determined that none of the required findings, which would require denial of
the application, could be made; and,
WHEREAS, on March 10, 2010, the Rochester Planning and Zoning Commission held a
public hearing on this restricted development preliminary plan, reviewed the application
according to the requirements of Sections 62.706 and 62.708, adopted the Planning
Department's recommended findings of fact and recommended approval of the application
subject to the following conditions:
1. Grading and drainage plan approval is required to development, as well
as, payment of any applicable Storm Water Management Area Charge for
any increase in impervious surface.
• 2. The condition of the existing Pedestrian Facilities along the frontage of the
property will be reviewed by Public Works staff, and any needed panel
repair or replacement work shall be completed by the Owner, at its own
expense, concurrent with construction of the parking lot.
3. Existing water services must be abandoned at the main in the street per
the requirements of Rochester Public Utilities.
4. The Owner shall execute a Contribution Agreement to address the
Owner's future obligations related to improvement to 2"d Avenue NW and
9tn Street NW, as well as, Owner's obligation for replacement of the
proposed Type 'C' approach with a standard City of Rochester Type 'A'
approach.
5. The Owner shall execute a Maintenance Agreement to address the
Owner's obligations for snow removal for the dead end segment of the
north/south alley abutting the property.
6. Approval of this request is dependent on approval of Vacation #R2010-
001VAC.
7. The parcels shall be combined into one lot prior to development.
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8. The applicant shall provide a Bufferyard meeting the standards for a "D"
bufferyard of Section 63.264 of the LDM shall be established along the
north side of the parking lot; and,
WHEREAS, the Common Council held a public hearing on the restricted development
preliminary plan request on April 5, 2010, and permitted all interested persons to be heard; and,
WHEREAS, based upon a preponderance and substantial weight of the evidence
submitted at the April 5th public hearing, the Common Council determines that the Applicant
satisfied the criteria of Sections 62.706 and 62.708 if the above eight conditions were satisfied.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the Type III, Phase II, Amendment to Restricted Development #R2009-028 CUP
by Samaritan Bethany is in all things approved subject to the above eight conditions.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS J��1'1 DAY�OF , 2010.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: yU / �
ar,PUTaa - CITY CLERK)
APPROVED THIS Lam' DAY OF ✓ , 2010.
0
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone10\RestDevPreAmd.0928
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