HomeMy WebLinkAboutResolution No. 499-05 i,:��«..,_..,..., ...,,....+.......,;....v.w.. ..::,_�.-____.... _....._,,a-:..,_..__..«.,_.: _,_..�.....�,,.....aa...W .,,_.,.�..,...:s:,.._,b.m..,,,x..�,....,.,...,u..W.�.v,.:.........:...,=..a,,..,,.�,:..v..>.,w....�....s....,,.......u.�....w.._u..Mi.,.t,....._w'b.c,_..3. ,:.,t,,.._.,rs
RESOLUTION
WHEREAS, Hathaway Tree Service, Inc., and the Joint Powers Board applied for a Type
III, Phase II, Restricted Development Preliminary Plan #05-28 to permit the operation of a tree
and brush recycling site on approximately 5.92 acres located along the west side of 50th Avenue
N.W., north of 19th Street N.W., and south of Valleyhigh Drive N.W.; and,
WHEREAS, since a tree and brush recycling site is not a permitted use in this 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.
The Applicant is requesting the waiver of the final plan review; and,
WHEREAS, R.C.O. § 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: The public roadways to the site are
adequate to accommodate the vehicle traffic to the site.
b) Geologic Hazards: There are no known geologic hazards on the
property.
c) Natural Features: A portion of the development is located on the
land that is part of the KR-6 reservoir. The applicant would be
leasing the land from the Joint Powers Board which is a lease that
would be renewed annually.
d) Residential Traffic Impact: The location of the property is in the
R-1 zoning district, however, there currently isn't any residential
development adjacent to the site. Access to the site is not through
1
a residential neighborhood.
e) Traffic Generation Impact: The anticipated traffic will not
substantially increase the capacity of the adjacent roadways. The
existing roadways used to access the site now would be the same
roads used to get to the relocated site.
f) Height Impacts: The applicant is proposing to relocate an
existing one story building to the property. The building is currently
used as the office at the existing tree/brush disposal site. There
are no residential developments adjacent to the proposed
development.
g) Setbacks: The location of the office - structure is setback
approximately 200 feet from the north property boundary.
h) Internal Site Design: The site layout appears that the site will
function well and will allow for vehicle traffic using the facility to be
able access the site without conflicts.
i) Screening and Buffering: The tree/brush disposal site
would be buffered from 50th Avenue NW. There is a stand of trees
• that would block the sight of the operation from the roadway. In
addition, the tree/brush area is at least 500 feet from 50th Avenue
NW. Also, there are no residential developments adjacent to the
site.
j) Ordinance Requirements: The site plan will need to be
revised to identify loading/unloading areas as well as parking
spaces available.
k) General Compatibility: The proposed use of the site does seem
compatible with the existing land uses. There is no residential
development currently adjacent to the site. The applicant will be
leasing 3.15 acres from the Joint Powers Board which requires that
the lease be renewed annually. The applicant has stated that this
site is only temporary and has been looking for a permanent site;
and,
WHEREAS, on September 14, 2005, the Rochester Planning and Zoning Commission
held a public hearing on this restricted development preliminary plan, reviewed the application
according to the requirements of Section 62.708, adopted the Planning Department's
recommended findings of fact and recommended approval of the application subject to the
•
2
•following conditions:
1. The applicant shall execute a lease with the Joint Powers Board for the
use of the property has a tree/brush disposal and recycling site. Said
lease should acknowledge that use of the property is short term and is
subject to annual renewal.
2. The applicant shall submit plans for the access roadway, serving the
facility, to the City Public Works Department for approval.
3. No burning of trees/brush shall occur on the site.
4. The applicant shall provide a revised site plan identifying
loading/unloading area as well as parking spaces available.
WHEREAS, the Common Council held a public hearing on the restricted development
preliminary plan request on October 3, 2005, and permitted all interested persons to be heard;
and,
WHEREAS, based upon a preponderance and substantial weight of the evidence
submitted at the October 3`d public hearing, the Common Council determines that the Applicant
satisfied the criteria of Section 62.708 if the above conditions were satisfied.
• NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the Type III, Phase II, Restricted Development Preliminary Plan #05-28,
requested by Hathaway Tree Service, Inc., and Joint Powers Board is in all things approved
subject to the above four conditions.
BE IT FURTHER RESOLVED that the Council waives the final plan review.
•
3
• PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 5Rs DAY OF OCZa3 , 2005.
r
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: �
CI CLERK
APPROVED THIS DAY OF 0cTZ)ZE-- , 2005.
�- x 5z.
MAYOR OF SAID CITY
(Seal of.the City of
Rochester, Minnesota)
Zone05\RestDevPre.0528
4