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HomeMy WebLinkAboutResolution No. 562-08 k C4 t r • RESOLUTION WHEREAS, Olmsted County Public Works applied for a Type III, Phase II, Restricted Development Conditional Use Permit#R2008-036CUP to permit the construction of a new public works service center complex to replace their existing facility along Third Avenue S.E. The complex would consist of a 109,904 square foot maintenance/office building, wash building, sand/salt storage building, fuel island and a cold storage building. The property is approximately 87.09 acres of land located east of St. Bridget Road S.E., and the Forest Knoll Subdivision, and south of 45th Street S.E., (County Road 101) in a part of Section 25 and Section 36, Rochester Township; and, WHEREAS, since the property is zoned R-1 (Mixed Single Family) and non-production industrial is not a permitted use in the R-1 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 &eliminary 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 construction plans for furnishing and installing sanitary sewer and watermain to serve the development have been approved and contract awarded. There is the possibility that a future water tower will be constructed on the site. b) Geologic Hazards: A wetland delineation has been carried out for the property. The applicant will need to determine if wetland impacts occur due to the development of the site. There are no • 1 • sinkholes or floodplain on the property. c) Natural Features: The layout of the property takes into consideration the existing wetland and pond on the property.re are no known unique natural features at the site. There is approximately 15 feet in elevation change from the north end to the south end of the site. d) Residential Traffic Impact: Access to the site is by way of St. Bridget Road (CSAH 20) which is designated as a Major Regional Arterial on the Rochester-Olmsted Council of Governments (ROCOG) Thoroughfare Plan. The proposed development is not located in a residential area. The property is surrounded by agricultural land and a flood reservoir. e) Traffic Generation Impact: The anticipated traffic will not cause the capacity of the adjacent roadway to be exceeded. A right turn lane and by-pass already existing on St. Bridget Road to accommodate the truck traffic to the site. f) Height Impacts: The proposed buildings fall within the permitted height limits within the R-1 zoning district. • g) Setbacks: The proposed building exceeds the setbacks requirements for any of the uses listed in the R-1 zoning district. Ninety seven feet is the closest point to any of the buildings from the property lines. This distance is adequate based on the size and bulk of the buildings. h) Internal Site Design: The site layout provides adequate building separation and orientation to the existing natural features on the site. i) Screening and Buffering: The proposed landscaping provides adequate screening from the surrounding uses which are mainly agricultural in nature. The landscaping plan identifies various trees to be planted and various prairie grass mixtures. j) Ordinance Requirements: Adequate parking spaces and loading areas as well as landscaping are provided to meet ordinance requirements. k) General Compatibility: The overall site layout of the property • 2 • appears to be generally compatible with the existing nature of the property. The proposed development is approximately '/4 mile off of St, Bridget Road so it will likely be hardly noticeable from the residential neighborhood to the west, across St. Bridget Road. The properties to the north, south and east are not currently located in the city and are mostly used for agricultural land uses or serves as a flood reservoir. These properties are identified for low density residential uses on the City of Rochester Land Use Plan map. 2) Final Development Plan Criteria: a) Public Facility Design: The construction plans for furnishing and installing sanitary sewer and watermain to serve the development have been approved and contract awarded. There is the possibility that a future water tower will be constructed on the property. b) Geologic Hazard: A wetland delineation has been carried out for the property. The applicant will need to determine if wetland impacts occur due to the development of the site. There are no sinkholes or floodplain on the property. c) Access Effect: Access to the site is by way of St. Bridget Road • (CSAH 20) which is designated as a Major Regional Arterial on the Rochester-Olmsted Council of Governments (ROCOG) Thoroughfare Plan. A right turn lane and by-pass already existing on St. Bridget Road to accommodate the truck traffic to the site. d) Pedestrian Circulation: A future bike path is proposed on the site which would lead to St. Bridget Road. e) Foundation and Site Plantings: The proposed landscaping provides adequate screening from the surrounding uses which are mainly agricultural in nature. The landscaping plan identifies various trees to be planted and various prairie grass mixtures with the vast majority of the site left in its nature state. f) Site Status: The County will be executing a Development Agreement with the City for this project. The Development Agreement will spell out the obligations of each party regarding development of the property. g) Screening and Bufferyards: The proposed landscaping provides adequate screening from the surrounding uses which are mainly agricultural in nature. The landscaping plan identifies various trees • 3 • to be planted and various prairie grass mixtures. The proposed development is approximately % mile off of St, Bridget Road so it will likely be hardly noticeable from the residential neighborhood to the west, across St. Bridget Road. h) Final Building Design: The building design will not change from the elevations provided with the application as the contract for the construction of the project has recently been awarded by the Olmsted County Board of Commissioners based on the building plans. i) Internal Circulation Areas: Plans for off-street parking and loading areas and circulation aisles to serve these areas meet ordinance requirements in terms of design. j) Ordinance Requirements: The proposed development is consistent with the requirements of the underlying zoning district in regards to the appearance controls and general appearance standards; and, WHEREAS, on November 12, 2008, the Rochester Planning and Zoning Commission held a public hearing on this restricted development conditional use permit,. reviewed the dpplication according to the requirements of Section 62.708, adopted the Planning epartment's recommended findings of fact and recommended approval of the application subject to the following conditions: 1. The Owner acknowledges that there are inadequate on and off site public facilities, specifically public roadways, sanitary sewer, water and storm water management facilities, in existence to accommodate the development of this property. To address the inadequacies and to facilitate its ability to develop the property, the Owner has requested to enter into a development agreement with the City prior to the development of the property that outlines the Owner's and City's obligations related, but not limited, to: access, parking restrictions, stormwater improvements (including any off-site improvements necessary to accommodate this development), pedestrian facilities, contributions for existing and future public infrastructure and the extension of public utilities to abutting properties where applicable. An agreement has been drafted by the City and execution by the Owner is required prior to issuance of building permits for the development. 2. Development charges applicable to the development of the property will be addressed in the development agreement and shall be payable subject to the agreement terms. 3. Grading and Drainage Plan approval is required prior to any grading 4 • activity taking place on the property that is related to the proposed development. 4. The applicant shall determine if a wetland impact will occur and make the appropriate application to the City prior to any grading taking place on the property. 5. Any of the internal roadways not paved as part of the construction of the facilities on the property shall be paved once Elcor has stopped mining on the property. WHEREAS, the Common Council held a public hearing on the restricted development preliminary plan request on December 1, 2008, and permitted all interested persons to be heard; and, WHEREAS, at the December 1st public hearing, the Council considered the evidence and testimony submitted, as well as the material contained in the meeting agenda; and, WHEREAS, based upon a preponderance of the evidence submitted at the December 1st public hearing, the Common Council adopts as its own the Planning and Zoning Commission's recommended findings of fact and conditions of approval; and, WHEREAS, based upon a preponderance and substantial weight of the evidence •submitted at the December 1st public hearing, the Common Council determines that the Applicant has satisfied the criteria of Section 62.708 if the above five conditions are completed. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that the Type III, Phase II, Restricted Development Preliminary Plan #R2008-036, requested by Olmsted County Public Works, is in all things approved subject to the above five conditions. BE IT FURTHER RESOLVED that the Council waives the final plan review. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS /,5T D OF Z)Ee94 '8Eit, , 2008. PRESIDENT OF SAID COMMON COUNCIL ATTEST: ITY CLERK 5 APPROVED THIS DAY OF VE-C-MTAQ , 2008. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Zone05\Res1DevCU P.PreFina1.0836 • • 6