HomeMy WebLinkAboutResolution No. 034-04 • RESOLUTION
WHEREAS, Larry Brown and L.B. Electric applied for a Restricted Development
Conditional Use Permit #03-61 to allow the development of approximately three acres of land
with a trade shop use. The property is located along the south side of Highway 14, east of 40"
Avenue S.E.; and,
WHEREAS, R.C.O. § 62.708 (Criteria for Type III Developments) is applicable to this
request; and,
WHEREAS, the Planning Department staff suggested the following findings for each of
the 11 criteria on which the Restricted Development Conditional Use Permit request is to be
evaluated:
a) Capacity of Public Facilities: City sewer and water, and other
utilities will serve the site.
b) Geologic Hazards: There are no known geologic hazards on the
property.
c) Natural Features: There are no know unique natural features at
• the site.
d) Residential Traffic Impact: Access to the site will be from TH 14
East.
e) Traffic Generation Impact: The anticipated traffic will not
substantially increase the capacity of the adjacent roadways.
f) Height Impacts: This development should not impact the adjacent
properties. The height of the proposed building will be
approximately 19 feet and will be screened along the east, west
and south sides.
g) Setbacks: The proposed building will meet all setback
requirements. However, the location of future garage identified on
the site would encroach into the 30-foot bufferyard along the south
side of the property. No structure is allowed to encroach into a
bufferyard. The location of the future garage will need to be
located outside of all required bufferyards and easements.
h) Internal Site Design: A 25-foot wide bituminous driveway will
provide access to the building and bituminous parking lot. Drive
• aisle and parking space dimensions comply with the requirements
of the zoning ordinance.
i) Screening and Buffering: Buffering is required along the east,
west and south property lines. Staff recommends that the
proposed Trade Shop use a Bufferyard Indicator VII for screening
of the adjacent properties.
j) Ordinance Requirements: The proposed development includes
adequate number of off-street parking spaces.
k) General Compatibility: The proposed use of the site does not
significantly change the appearance of the property. The character
of the surrounding neighborhood should not be affected by this
proposed use; and,
WHEREAS, on December 10, 2003, the Rochester Planning and Zoning Commission
held a public hearing on said Restricted Development Conditional Use Permit request, reviewed
the application according to the requirements of R.C.O. § 62.708 and recommended approval
subject to the following conditions:
1) Site Appearance Standards for a Trade Shop in the B-1 zoning district shall be
• used to determine zoning compliance except for the following:
• A bufferyard indicator of VII shall be used when screening the proposed use
from the adjacent properties.
• Allow wall signage to have internal lighting.
• Only allow wall signage on the north wall of the building
2) No exterior storage of materials and equipment
3) Project must comply with referral requirements of Rochester Public Works, dated
November 26, 2003, and the Rochester Fire Department, dated November 26,
2003.
4) The location of the future garage, as identified on the site plan, must be located
outside all utility easements and required bufferyards.
5) The grading and drainage plans and erosion and sedimentation control plans must
be approved by the City prior to commencement of grading activities on this
property.
6) The applicant must provide surety that guarantees that the site will be fully
•
restored, after completion of the excavation activity, to a safe condition, and one
that permits reuse of the site in a manner compatible with the Comprehensive
plan,- neighborhood plans, and the Land use Plan and applicable City policies.
Said surety must be provided prior to commencement of grading activities on this
property.
WHEREAS, the Common Council held a public hearing on the Restricted Development
Conditional Use Permit request on January 5, 2004, and permitted all interested persons to be
heard and to give testimony concerning the request; and,
WHEREAS, based upon the January 5th public hearing, the Common Council determined
that the applicant satisfied the conditions Section 62.708 by a preponderance of the evidence
submitted at the public hearing.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the conditional use permit requested by Larry Brown and L.B. Electric
(identified in the records of the Consolidated Planning Department as Restricted Development
Conditional Use Permit #03-61) is granted subject to the above six conditions.
BE IT FURTHER RESOLVED that the City hereby waives the final plan review of this
restricted development.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF � 2004.
ATTEST: PRESIDENT OF SAID COMMON COUNCIL
CITY CLERK
APPROVED THIS , DAY OF /�� �LCiq,{,cj , 2004.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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