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HomeMy WebLinkAboutResolution No. 123-08 RESOLUTION WHEREAS, the First Presbyterian Church applied for an Incentive Development (#R2008-001 CUP) to permit the construction of an addition to the First Presbyterian Church which would exceed the allowable floor area. The property is located along the south side of Third Street S.W., and along the east side of Sixth Avenue S.W.; 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. 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: The existing utilities serving the site are adequate to serve the proposed addition. 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. The existing driveway approaches not used will need to be restored. 5) Height Impacts: The proposed addition is compatible in height to the surrounding development and isn't any higher than the existing building. 6) Setbacks: The existing building doesn't comply with the setback requirements on the west and south sides. Area accessory developments have a setback requirement of 30 feet from property lines in the CDC-RES zoning district. Portions of the building are built up to the southerly and westerly lot lines. The existing structure is considered a conforming use. The.proposed addition • on the westside is permitted according to Section 60.424 a) 1 of the LDM since the addition will not exceed the existing encroachment. However, the proposed addition crosses over the lot line onto property owned by the Mayo Foundation. 7) Internal Site Design: Not applicable. 8) Screening and Buffering: The project consists of providing shrubs along 3r Street SW to help screen the parking lot from 3`d Street SW. Additional plantings are proposed in the columbarium area. 9) Ordinance Requirements: The proposed project is exceeding the required on-site parking spaces by 11; however, modifications are needed to the parking lot layout to meet the standards of the Land Development Manual. The existing landscaping area is only 20% which is 10% below the requirement. With the proposed addition the amount of landscape remains at 20% because of the landscape being added along the north side of the parking lot. Additional landscape area will be created with the modifications needed to the parking lot; and, WHEREAS, the Commission, following its public hearing, recommended approval subject • to the following conditions: 1. Prior to submittal of the Final Development Plan, the applicant shall have obtained the needed property,for the proposed addition from the adjacent property owner. If the property is not obtained then the proposal shall be revised removing that portion of the proposed addition on the adjacent property not owned by the applicant. 2. The parking lot layout shall be revised to meet the standards of Section 64.144 and 63.400 of the Land Development Manual. Such modifications to include removing parking from within the 6th Avenue SW right-of-way and restoring the boulevard area, eliminating one the access points along 6th Avenue SW, etc. 3. A grading plan approval and payment of a Storm Water Management Area Charge is applicable for any increase in impervious surface. 4. The owner shall remove any remaining driveway approaches and restore the curb and boulevard. The condition of existing concrete sidewalk and curb and gutter 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. • 2 5. The lots need to be combined as one lot with the Olmsted County Recorder's Office. WHEREAS, the Common Council held a public hearing on the Incentive Development R2008-001 CUP request on March 3, 2008, and gave all interested persons the opportunity to make presentations and give testimony concerning the application; and, WHEREAS, at the March 3�d public hearing, the applicant's representative agreed with all of the recommended conditions of approval; and, WHEREAS, based upon all of the evidence and testimony submitted during the March 3rd public hearing, the Council accepts the Planning and Zoning Commission's recommended findings of fact and conditions of approval as amended by the Public Works Department. 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 requested by the First Presbyterian Church is granted subject to the above five conditions. BE IT FURTHER RESOLVED that the City not waive the final plan review for this project. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS DAY OF 2008. i ,/-�X4��� PRESIDENT OF SAID COMMON COUNCIL ATTEST: 61TY CLERK APPROVED THIS DAY OF 2008. MAYOR OF SAID CITY (Sea of the City of Rochester,.Minnesota) Zoneb5llncendev.8-001.prelim 3