HomeMy WebLinkAboutResolution No. 192-04 • RESOLUTION
WHEREAS, Grassroots Lawn Care, LLC, applied for a Restricted Development
Preliminary Plan #04-03 to develop an auto sale and storage lot on Lots 1 and 2, Block 1, New
River Subdivision. The property is located on the westerly end of the North Frontage Road
N.W., at the end of the cul-de-sac, north of Highway 14 and west of 37th Avenue N.W., and,
WHEREAS, R.C.O. § 62.708 (Criteria for Type III Developments) is applicable to this
request; and,
WHEREAS, the Restricted Development allows certain mixtures of land uses which are
not allowed within a given zoning district on a permitted or conditional basis 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, the Planning Department staff suggested the following findings for each of
the 11 criteria on which the Restricted Development Preliminary Plan is to be evaluated:
a) Capacity of Public Facilities: City sewer and water, and other
utilities are available to serve the site. The existing water service
line that is stubbed out to Lot 1 will need to be abandoned properly
at the main and the curb box removed per the requirements of RPU
• Water Division.
b) Geologic Hazards: There are no known geologic hazards on the
property. .
c) Natural Features: There are no unique natural features on the
property that have been identified.
d) Residential Traffic Impact: The proposal isn't located in a
residential area. Access to the site is through an industrial area.
e) Traffic Generation Impact: The anticipated traffic will not
substantially increase the capacity of the adjacent roadways.
f) Height Impacts: No new structures will be constructed on the
property for the proposed use. The existing structure on Lot 2 will
be used for the retail office and auto detailing.
g) Setbacks: The proposed site plan meets the setback
requirements.
h) Internal Site Design: The auto sales lot is proposed to have direct
access to the frontage road. The drive approach is 25 feet in width.
The auto sales lot is designed for one-way traffic since the drive
aisle is less than 25 feet in width.
i) Screening and Buffering: One shrub will be planted for every five
linear feet along the south property line and along the east property
line.
j) Ordinance Requirements: The proposed development includes
adequate number of off-street parking spaces for customers.
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 March 24, 2004, the Rochester Planning and Zoning Commission held a
public hearing on said Restricted Development Preliminary Plan, reviewed the application
according to the requirements of R.C.O. § 62.708 and recommended approval subject to the
following conditions:
• 1. The existing water service line that is stubbed out to Lot 1 will need to be
abandoned properly at the main and the curb box removed per the
requirements of RPU Water Division.
2. The grading and drainage plan approval is required prior to development.
A Storm Water Management fee will apply for participation in the City's
Storm Water Management Plan (SWMP).
3. The Owner shall construct pedestrian facilities along the entire frontage of
the property; and,
WHEREAS, the Common Council held a public hearing on the conditional use request on
April 19, 2004, and permitted all interested persons to be heard; and,
WHEREAS, based upon the April 19'h 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 if the above conditions were satisfied.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the conditional use permit requested by Grassroots Lawn Care, LLC, (identified
in the records of the Consolidated Planning Department as Restricted Development
Preliminary Plan #04-03) is granted subject to the above three 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.
OPtSIDENT OF sAlD COMMON COUNCIL
ATTEST:
CIfY CLERK
APPROVED THIS ZON DAY OF , 2004.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone2000\RestDevPre.0403