HomeMy WebLinkAboutResolution No. 212-06 3L
RESOLUTION
WHEREAS, Larry Brown/L.B. Electric applied for a Type III, Phase III, Amendment to
Restricted Development Conditional Use Permit #03-61 to permit auto sales on the property
located south of Highway 14 east, north of Valley Side Subdivision and east of 40th Avenue S.E.;
and,
WHEREAS, the City approved a Restricted Development Conditional Use Permit for
this property in January 2004 to allow for a Trade Shop use, including construction of a 4,955
square foot commercial building. The applicant is now requesting approval to use a portion of
the existing parking lot for an auto sales lot and have an office in the existing building
dedicated to the auto sales business. The applicant is requesting approval to sell up to 12
auto's, utilizing the northern 12 parking stalls in the existing parking lot; and,
WHEREAS, the approved use was evaluated using the B-1 standards for a Trade Shop
as a guide in reviewing the proposal for compliance with zoning standards; 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, Planning Department staff evaluated this application as a final development
plan and, in so doing, applied "the criteria found at R.C.O. § 62.708 (Criteria for Type III
Developments); and,
WHEREAS, the Planning Department applied the criteria found at Section 62.708 to this
application and prepared the following findings of fact:
2) Final Development Plan Criteria:
a) Public Facility Design: No modifications to public facilities are
proposed with this application.
b) Geologic Hazard: There are no known geologic hazards on the
property.
c) Access Effect: Access to this property is from TH 14. The
access serves three properties. This amendment does not
propose changes to the existing access.
d) Pedestrian Circulation: Pedestrian facilities and pedestrian
circulation should not be impacted by this proposal. A Pedestrian
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• Facilities Agreement has been. executed as part the executed
Development Agreement for this property.
e) Foundation and Site Planting: The approved use was evaluated
using the B-1 standards for a Trade Shop as a guide in reviewing
the proposal for compliance with zoning standards. -It should be
noted that the approved Plan identifies a Bufferyard which was to
be completed with the initial development of the site. It does not
appear that the Bufferyard has been completed as required.
Completion of the Bufferyard should be done prior to the City
signing the MN State dealership license, if this request is approved.
f) Site Status: It should be noted that the approved Plan identifies a
Bufferyard which was to be completed with the initial development
of the site. It does not appear that the Bufferyard has been
completed as required. Completion of the Bufferyard should be
done prior to the City signing the MN State dealership license, if
this request is approved.
The Ordinance requires two parking stalls for the auto sales portion
of the business. The existing business requires seven parking
stalls, based on the number of employees; totaling nine stalls.
• required for the two businesses. The site plan identifies a total of
20 non-handicap stalls, and 2-handicap stalls, leaving 11 non-
handicap stalls available for the sales lot. If this application is
approved, it should be with a condition that no more than 11 stalls
may be occupied by the auto sales lot.
g) Screening and Bufferyards: Bufferyards previously approved
with the approval for a Trade Shop at this location have not been
completed. Bufferyards must be complete prior to final approval to
expand the uses permitted on this property. Bufferyards should be
completed in compliance with the approved permit prior to the
Planning Department signing the State auto dealership license for
this property.
h) Final Building Design: This amendment does not propose
changes to the building that have not already been approved.
i) Internal Circulation Areas: Internal circulation patterns and
site access are not proposed to change from the previous
approvals.
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j) Ordinance Requirements: 'It should be noted that the
approved Plan identifies a Bufferyard which was to be completed
with the initial development of the site. It does not appear that the
Bufferyard has been completed as required. Completion of the
Bufferyard should be done prior.to the City signing the MN State
dealership license, if this request'is approved.
The Ordinance requires two parking stalls for the auto sales portion
of the business. The existing business requires seven parking
stalls, based on the number of employees; totally nine stalls
required for the two businesses. The site plan identifies a total of
20 non-handicap stalls, and 2-handicap stalls, leaving 11 non-
handicap stalls available for the sales lot. If this application is
approved, it should be with a condition that no more than 11 stalls
may be occupied by the auto sales lot; and,
WHEREAS, on March 22, 2006, 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
following conditions:
1. This application is subject to complying with all previously approved
conditions of approval.
2. Prior to the Planning Department signing the State dealership license, the
applicant must: (A) stripe the parking lot as identified on the Site Plan; and
(B) complete/install the required Bufferyard G with the exception of the east
and west bufferyards.
3. Sign standard B applies to this property and the property will be limited to
one free-standing sign.
4. No banners shall-be placed on the property.
5. No more than 11 stalls may be occupied by the auto sales lot within the
north 12 stalls identified on the Site Plan dated received February 23,
2006.
WHEREAS, the Common Council held a public hearing on the restricted development
preliminary plan request on April 17, 2006, and permitted all interested persons to be heard;
and,
WHEREAS, at the April 17th public hearing, the Council considered the evidence and
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testimony submitted as well as the material contained in.the meeting agenda; and,
WHEREAS, based upon a preponderance and substantial weight of the evidence
submitted at the April 17th public hearing, the Common Council determines that the Applicant
satisfied the criteria of Section 62.708 if the Applicant satisfied the above five conditions.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the Type III, Phase III, Amendment to Restricted Development Conditional Use
Permit #03-61, requested by Larry Brown/L.B. Electric is in all things approved subject to the
above five conditions.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 70) DAY OF , 2006.
��, �- � PRESIDENT OF SAID COMMON COUNCIL
ATTEST: C..�%U.-r.•�'L�!
emu, CITY LE
APPROVED THIS l DAY OF , 2006.
MAYOR OF SAID CITY
(Seal of the.City of
Rochester, Minnesota)
Zone05\RestDevCU PAmend.0361
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