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HomeMy WebLinkAboutResolution No. 093-04 `-lam y 6 4 �� D9,3�pg� _ RESOLUTION WHEREAS, Redeemer Lutheran Church applied for an Incentive Development Preliminary Plan (#03-66) to permit additions to the existing church that would exceed the permitted floor area ratio in the zoning district. The property is located west of Seventh Avenue S.E., north of Ninth Street S.E., and east of Sixth Avenue S.E., and has an address of 869 Seventh Avenue S.E.; and, WHEREAS, R.C.O. § 62.630 sets forth the criteria for incentive developments; and, WHEREAS, based upon Section 62.630, the Planning and Zoning Commission recommended the following findings of fact: Preliminary Development Plan Criteria: a) Suitability of the Area: The proposed site is suitable as the location for an Incentive Development. The church has been located on the site since 1954 and due to the growing congregation the Church needs to expand in order to stay at its present location. The proposed use is compatible with the existing land uses in the area. • b) Site Design Criteria: 1) Capacity of Public Facilities: Utilities are already available to this project. All existing water services that will be unused must be abandoned properly at the main in the street, per City Public Utilities —Water Division requirements. 2) Geologic Hazards: Not applicable. 3) Natural Features: Not applicable. 4) Traffic Generation Impact: The anticipated traffic generated by the addition will not cause the capacity of adjacent street to be exceeded. With the current layout of the parking lot the access locations on 6th Ave. SE and 7th Ave. SE align with each other. With proposed expansion the access locations will not align with each other, which will cut down on any cut-through traffic through the parking lot. The two existing driveway approaches for the single family residents will be required to be removed as well as the existing approach on 7th Ave. SE and the boulevard areas restored. A new approach to 7th Ave. SE will be permitted as shown on the site plan. • 5) Height Impacts: The addition isn't any higher than the existing. 6) Setbacks: The existing building doesn't comply with the setback requirements on the east and south sides. Area accessory developments have a setback requirement of 40 feet from property lines in the R-2 zoning district. The existing structure is setback approximately 27 feet from the right-of-way of 7th Ave. SE and 30 feet from the 9th Ave. SE right- of-way. The existing structure is considered a conforming use. The proposed addition on the eastside is permitted according to Section 60.424 a) 1 of the LDM since the addition will not exceed the existing encroachment. The applicant has requested a variance to permit an existing accessory structure to be left at its located that doesn't meet the setback requirements. 7) Internal Site Design: Not applicable. ' 8) Screening and Buffering: The project consists of providing trees and shrubs along 6th Avenue SE to help screen the parking lot. Along the north property the applicant is providing a "D" bufferyard and a 6-foot high wood fence. 9) Ordinance Requirements: The proposed project is exceeding the required on-site parking spaces by 4. The development performed a Landscape Area Reduction formula thereby allowing a 27.34% Landscape Area. The proposed project is providing a 27.90 % Landscape area, exceeding the allowed Landscape Area by approximately .56%; and, WHEREAS, the Commission, following its public hearing, recommended approval subject to the following conditions: 1. Any existing utilities that need to be relocated as a result of this development shall be relocated at the expense of the applicant. All existing water services that will be unused must be abandoned properly at the main in the street, per City Public Utilities — Water Division requirements. If additional on-site hydrant(s) are needed and/or the relocation of public sanitary sewer, storm sewer, or watermain is required, the execution of a City/Owner Contract shall be completed for this project. 2. Separate Grading Plan approval is required for this project is grading will involve more than 50 cubic yards of material. 3. A Storm Water Management fee will be applicable to any NEW additional areas of impervious surface, if on-site detention is not provided. 4. The owner shall remove any remaining driveway approaches from the • removed dwellings and restore the curb and boulevard. The condition of 2 existing concrete sidewalk along the frontages of this property shall be reviewed by the Public Works staff and any needed panel repair and/or replacement work of sidewalk shall be done concurrent with the building expansion. 5. The approach to the existing garage at the north line of the property shall be removed and the garage shall be served from within the site. 6. The applicant shall execute a Contribution Agreement with the City to address the Owner's obligations for future reconstruction of 9th Street SE, 6th Avenue SE and 7t" Avenue SE. WHEREAS, the Common Council held a public hearing on the Incentive Development Preliminary Plan #03-66 Permit request on February 18, 2004, and gave all interested persons the opportunity to make presentations and give testimony concerning the application; and, NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that it adopt the Planning and Zoning Commission's findings of fact and that the Incentive Development Conditional Use Permit requested by Redeemer Lutheran Church is granted subject to the above six conditions. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF *ROCHESTER, MINNESOTA, THIS DAY OF Eebe&t4W , 2004. PRESIDENT OF SAID COMMON COUNCIL ATTEST: ITY CLERK APPROVED THIS /9rN DAY OF 22004. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) - Zone2000 Incendev.0366.prelim 3