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HomeMy WebLinkAboutResolution No. 099-07 RESOLUTION • WHEREAS, Global Resolve and the City of Rochester applied for a Restricted Development Permit #06-33 to establish a "junkyard" use in order to operate a recycling facility at 7201 22"d Avenue S.W.; and, WHEREAS, the zoning ordinance does not permit a "junkyard" within the zoning district assigned to this location. Accordingly, the proposed use must be considered under the Restricted Development process; 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: City sewer and water, and other utilities are available to serve the site. As part of the Site Development .Plan review, the applicant executed a Pedestrian Facilities Agreement and development related charges were paid. b) Geologic Hazards: There are no known geologic hazards on the property. c) Natural Features: There are no known unique natural features at the site. . d) Residential Traffic Impact: The proposal isn't located in a residential area. Access to the site is by way of a county road designated as a Major Urban Arterial in the Transportation Plan that provides access to the surrounding commercial and airport • 1 • property, adjacent golf course, and agricultural areas to the west. e) Traffic Generation Impact: The anticipated traffic will not substantially increase the capacity of the adjacent roadways. County Road 16 is designated as a Major Urban Arterial. f) Height Impacts: The new structure is compliant with the Airport Zoning District height limitations and the M-1 district standards. g) Setbacks: The proposed site plan meets the setback requirements. The building was previously reviewed under a Site Development Plan review. h) Internal Site Design: The Site Development Plan was reviewed and approved previously by the Planning Department. A grading plan was approved for the existing building and site plan approved under the Site Development Plan procedure. A separate development review process will -be required for the area labeled Lot 2 on the site plan due to the lack of specific information on future use and improvements. i) Screening and Buffering: The applicant is required to • supply an "H" bufferyard along the west side of the site and an "F" bufferyard along the north side of the site in order to screen the roll- off container storage area. j) Ordinance Requirements: The proposed development includes an adequate number of off-street parking spaces for customers and employees. 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. The recycling will take place within the building and outside storage will be for roll-off containers and does not include waste processing; and, WHEREAS, on January 24, 2007, 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: 2 • 1. The applicant shall plant a Bufferyard "H" along the west line of the lease area the extent of the outdoor storage area adjacent to the truck turn- around, and an "F" bufferyard along the north line of the outdoor storage areas, as specified on the site plan. 2. Any expansion of the recycling facility or roll-off container storage area to the identified Lot 2 will require a new Restricted Development application. 3. The applicant must provide a 6' fence along the west, north and east sides of the two roll-off container storage areas. 4. All roll-off containers that contain solid waste shall be covered by a tarp at all times while being stored on site. 5. All roll-off storage areas will be constructed of an all weather dust free surface. 6. The applicant must conform to the Olmsted County Solid Waste Ordinance #10. 7. All MPCA permit requirements shall be incorporated in their entirety as a condition of the approval of the Restricted Development Preliminary Plan #06-33. 8. The applicant shall obtain a zoning certificate for the recycling facility use in the existing building and for the outdoor roll-off container storage area as shown on the site plan. WHEREAS, on February 5, 2007, the Common Council held a public hearing on the restricted development preliminary plan request and permitted all interested persons to be heard. The Council continued the February 5 h meeting to February 21, 2007; and, WHEREAS, on February 21, 2007, the Common Council held a continued public hearing on the restricted development preliminary plan request and permitted all interested persons to be heard; and, WHEREAS, based upon a preponderance and substantial weight of the evidence submitted at the February 5th and February 21st public hearings, the Common Council determined that the Applicant satisfied the criteria of Section 62.708 if the following six conditions were satisfied. 1. Any expansion of the recycling facility or roll-off container storage area to the identified Lot 2 will require a new Restricted Development application. • 3 2. All roll-off containers that contain solid waste shall be covered by a tarp at all times while being stored on site. 3. The applicant must conform to the Olmsted County Solid Waste Ordinance #10. 4. All MPCA permit requirements shall be incorporated in their entirety as a condition of the approval of the Restricted Development Preliminary Plan #06-33. 5. The applicant shall obtain a zoning certificate for the recycling facility use in the existing building and for the outdoor roll-off container storage area as shown on the site plan. The application shall include a landscaping plan meeting the requirements of the zoning ordinance. 6. The applicant must comply with the bufferyard standards "F" and "H" as indicated in the previous staff report and at the locations shown on the revised site plan as specified in Section 63.260. The additional landscaping by 22"d Avenue S.W., consists of three canopy trees and eight shrubs. The shrubs shall be of a species that will form a screen from the building corner to the eastern edge of the parking lot. NOW, THEREFORE, BE IT RESOLVED by, the Common Council of the City of Rochester that the Restricted Development Permit#06;33, requested by Global Resolve and the City of Rochester, is in all things approved subject to the above six conditions. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS 215r BAYi OF 1:40At , 2007. PRESIDENT OF SAID COMMON COUNCIL ATTEST: ITY CLERK APPROVED THIS 22k)J DAY OF 82u i , 2007. Akod MAYOR OF SAID CITY -: (8eal-of,the City of Rochester, Minnesota) Zone05%RestDevP re.0633