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HomeMy WebLinkAboutResolution No. 363-09 • RESOLUTION WHEREAS, Gift of Life Transplant Home applied for a Type III, Phase II, Restricted Development Conditional Use Permit #R2009-020 to permit the construction of a parking facility located in the R-1 (Low Density Residential) zoning district. The property is located south of the Gift of Life Transplant Home (724 Second Street S.W.) now under construction on Second Street S.W., and west of Seventh Avenue S.W.; and, WHEREAS, a parking lot is not permitted in the R-1 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; and, • WHEREAS, R.C.O. §§ 61.146 (Standards for Conditional Uses) and (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. b) Geologic Hazards: There are no known geologic hazards on the property. c) Natural Features: The elevation of the site is a couple of feet lower than the adjacent residential property to the south. d) Residential Traffic Impact: The proposed use will not cause traffic volumes to exceed planned capacities on the local residential street. 1 • Additional traffic on the alley would be generated during the evening and nighttime hours by this use. 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 parking should be setback from 7th Avenue SW the same distance that the residential dwelling on the adjacent lot to the south is setback from 7th Avenue SW. It would appear that one parking space would need to be removed to accommodate this setback. The parking is setback 25 feet from the south property line. h) Internal Site Design: The site layout provides for a large buffer area between the parking stalls and the residential dwelling on the adjacent property to the south. The parking should be setback from 7t Avenue SW an equal distance that the adjacent residential dwelling to the south is setback from 7th Avenue SW. i) Screening and Buffering: A 10 foot wide "F" bufferyard is proposed along the south property. The type and numbers of plantings and height of the fence shown on the submitted landscaping plan does not comply with the regulations for a 10 foot wide "F" bufferyard. Additional plantings will need to be added and the fence increased to 6 feet in height to comply with the regulations. j) Ordinance Requirements: The parking lot proposed provides the Gift of Life Transplant House with more parking that what is required by the zoning ordinance. The parking is setback 25 feet from the south property line. k) General Compatibility: The overall site design of the development pulls the parking area as far away as possible from the residential use located to the south. With the plantings required by the "F" bufferyard and 6 foot high fence and pulling the parking further from 7th Avenue SW, the proposed development could be considered to be generally compatible with adjacent uses. The zoning ordinance does • 2 • allow the extension of parking areas into other residential zoning districts. 1) Non-Vehicular and Alternate Modes of Travel: The existing sidewalk within the public right-of-way provides a pedestrian connection to the Gift of Life Transplant Home. In addition, there will be a concrete walk on the north side of the alley which leads to a door on the rear of the Gift of Life Transplant Home; and, WHEREAS, on July 22, 2009, the Rochester Planning and Zoning Commission held a public hearing on this restricted development conditional use permit, reviewed the application according to the requirements of sections 61.146 and 62.708, adopted the Planning Department's recommended findings of fact and recommended approval of the application subject to the following conditions: 1. The parking spaces shall be setback from the 7th Avenue SW right-of-way an equal distance as the residential dwelling located on the lot to the south. It appears that at least one parking space will need to be removed. 2. The landscaping plan shall be revised to include the correct number of plantings based on an "F" bufferyard. The 10 foot wide "F" bufferyard • does require that a 6 feet high wooden fence be provided. 3. Grading and drainage plan approval is required to development, as well as, payment of any applicable Storm Water Management Area Charge. 4. Any needed repairs and/or panel replacement to sidewalk and curb abutting the property shall be completed concurrent with development of the lot. 5. The parking spaces shall be posted for parking for guest or staff of the Gift of Life Transplant House only. WHEREAS, the Common Council held a public hearing on the restricted development preliminary plan request on August 17, 2009, and permitted all interested persons to be heard; and, WHEREAS, at the August 17th public hearing, the Council considered the evidence and testimony submitted, as well as the material contained in the meeting agenda; and, WHEREAS, based upon a preponderance of the evidence submitted at the August 17th public hearing, the Common Council adopts as its own the Planning and Zoning Commission's recommended findings of fact and conditions of approval; and, • 3 + 1 • WHEREAS, based upon a preponderance and substantial weight of the evidence submitted at the August 17th public hearing, the Common Council determines that the Applicant satisfied the criteria of sections 61.146 and 62.708 subject to the five conditions. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that the Type III, Phase II, Restricted Development Conditional Use Permit #R2009- 020, requested by Gift of Life Transplant Home is in all things approved subject to the above five conditions. BE IT FURTHER RESOLVED that the Council waive the Final Plan Review for this application. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS ODOF, 2009. U PRESIDENT OF SAID COMMON COUNCIL ATTEST. *4 • CITY CLERK APPROVED THIS 1&b DAY OF / , 5T , 2009. MAYOR OF SAID CITY (Sea[ of the City of Rochester, Minnesota) Z0ne051RestDevC U P.2009-020 • 4