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HomeMy WebLinkAboutResolution No. 487-09 • RESOLUTION WHEREAS, Samaritan Bethany applied for a Type III, Phase III, Restricted Development #R2009-028CUP to construct two surface parking facilities located along the south side of Ninth Street N.W., on property owned by Samaritan Bethany. The property is located along the north side of Seventh Street N.W., along the south side of Eighth Street N.W., and along the east side of Second Avenue N.W.; 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 III 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. 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. b) Geologic Hazards: There are no known geologic hazards on the property. c) Natural Features: The sites are fairly level. • 1 • d) Residential Traffic Impact: The proposed use will not cause traffic volumes to exceed planned capabilities on the local residential street. 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. f) Height Impacts: NIA. g) Setbacks: The proposed parking spaces are setback an equal distance from right-of-way as the adjacent residential dwellings. The setback to the property line where adjacent to a residential dwelling is either 15 or 20 feet. 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 area between the parking stalls and the adjacent side yards of the residential dwellings. Access to the parking lots will be • from the alley and-not from the street. i) Screening and Buffering: Bufferyards will need to be established adjacent to the residential dwellings. These bufferyards range from a wide of 15 to 20 and will be landscaped with plantings consistent with the zoning ordinance requirements. j) Ordinance Requirements: The parking lot proposed provides Samaritan Bethany with parking for their proposed addition. Even with these parking lots, they are short of the number of required parking spaces and are seeking a variance. k) General Compatibility: The overall site design of the parking lots provide wide bufferyards adjacent to the residential dwellings 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 lots should be provided to the existing public sidewalks to provide pedestrian access; and, 2 • WHEREAS, on October 14, 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.- Grading and drainage plan approval is required to development, as well as payment of any applicable Storm Water Management Area Charge. 2. Each parking lot shall provide a turnout at the end of the parking lot. The turnout shall be at least 25 feet wide by four feet in depth. 3. Any needed repairs and/or panel replacement to sidewalk and, curb abutting the.property shall be completed concurrent with development of the lot. WHEREAS, the Common Council held a public hearing on the restricted development preliminary plan request on November 2, 2009, and permitted all interested persons to be heard; and, WHEREAS, at the November 2nd 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 November 2nd public hearing, the Common Council adopts as its own the Planning and Zoning Commission's recommended findings of fact and conditions of approval; and, WHEREAS, based upon a preponderance and substantial weight of the evidence submitted at the November 2nd public hearing, the Common Council determines that the Applicant satisfied the criteria of sections 61.146 and 62.708 subject to the above three conditions. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that the Type III, Phase II, Restricted Development #R2009-028CUP requested by Samaritan Bethany is in all things approved subject to the above three conditions. BE IT FURTHER RESOLVED that the City waive the Final Plan Review phase for this Development pursuant to R.C.O. §62.712. • 3 PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS Ajcl D^ OF 2009. / PRE IDENT OF SAID COMMON COUNCIL ATTEST: GJ CIV CLERK APPROVED . THIS fed DAY OF , 2009. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Zone05\RestDevC U P.2009-028 4