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HomeMy WebLinkAboutResolution No. 496-03 ................ • RESOLUTION WHEREAS, Bethel Lutheran Church applied for an Incentive Development Final Plan (#02-35) to allow the addition to the existing facility that would exceed the permitted floor area ratio. The property is located at 810 Third Avenue S.E., and is bounded by Third Avenue S.E., on the west, Fourth Avenue S.E., on the east, Ninth Street S.E., on the south, and Eighth Street S.E., on the north; and, WHEREAS, R.C.O. § 62.630 provides the criteria for incentive developments against which this application must be analyzed; and, WHEREAS, on August 27, 2003, the Rochester Planning and Zoning Commission held a public hearing on this final plan, reviewed the application according to the criteria in R.C.O. § 62.630(2), and suggested the following findings of fact: Final Development Plan Criteria: a) Public Facility Design: Utilities are already available to this project. Some utilities may need to be relocated (i.e. water and electric) to accommodate this development. The applicant is responsible for any costs associated with relocation of utilities. All existing water service that will be unused • must be abandoned properly at the main in the street, per City Public Utilities —Water Division requirements. b) Geologic Hazard: There are no known geologic hazards related to this project. c) Access Effect: The site plan shows a 36' wide access onto 3rd Avenue SE and onto 9th Street SE. Council approval is required to allowing, the proposed accesses to exceed the maximum width allowed of 32 feet. Rochester Public Works supports an access width at 36 feet. If the City Council does not approve the 36' wide access opening, the site plan shall be revised so that the openings are at the maximum 32' width. d) Pedestrian Circulation: The condition of the existing concrete sidewalk and curb along the frontages of this property will be reviewed by City Public Works staff, and any needed panel repair and/or replacement work of sidewalk or curbing shall be done concurrent with the building expansion project. e) Foundation and Site Plantings: A landscape plan for the site has been prepared which indicates the finishes site will be consistent with the landscape character of the surrounding area. The retaining wall shown on • the plan must be at least 18 inches from the edge of the sidewalk. In • addition, the landscape plantings must also maintain 18 inches of clearance from the sidewalk at full growth. f) Site Status: The entire property is under the ownership of the church and all maintenance of the buildings and landscaping is the responsibility of the church. Construction plans for utilities must be prepared by an engineer and submitted and approved by the City prior to construction. The proposed use is compatible with the existing land uses in the area and the use of the property has been in existence since 1956. g) Screening and Bufferyards: The project consists of providing canopy and ornamental trees along the south and east property liens that are adjacent to the residential areas. The applicant performed a Landscape Area Reduction formula thereby allowing a 28.41% Landscape area. The proposed project is providing a 36% Landscape area, exceeding the allowed Landscape Area by approximately 7.5%. ,..-, h) Final Building Design: The final building design is consistent with the principles identified in preliminary development plan relative to Height Impact, Setbacks, and internal Site Design. 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. A total of 262 parking spaces will be provided on site and amadditional 115 off-site, across the street to the west. The parking lot is designed with 60 degree angle spaces with landscaped islands. j) Ordinance Requirements: The proposed project is exceeding the required on-site parking spaces by 12 and provides an additional 115: parking spaces off-site across 3rd Avenue SE to the west. The applicant performed a Landscape Area Reduction formula thereby allowing a 28.41 Landscape Area. The proposed project is providing a 6% Landscape Area, exceeding the allowed Landscape Area by approximately 7.5%; and, WHEREAS, the Rochester Planning and Zoning Commission recommended approval subject to the following conditions: 1. The design and site plan shall be revised, prior to the Council meeting to include the additional landscaping being provided from the preliminary plan and matching the number of parking spaces to be provided currently established at 262 spaces. 2. A separate grading plan approval is required for this project if grading • involves more than 50 cubic yards of materials and a storm water management fee will be applicable to any increase in impervious surface • resulting from this project. 3. The owner shall obtain a Revocable Permit from the City for the continued use of banners and associated brackets mounted on utility poles within the public right-of-way. If the Revocable Permit is not granted, banners and brackets shall be removed. 4. A Storm Water Management fee will be applicable to any NEW additional areas of impervious surface. 5. Any existing utilities that need to be relocated as a result of this development shall be relocated at the expense of the applicant. All existing water services that will be unused must be abandoned properly at the main in the street, per City Public Utilities — Water Division requirements. If the relocation of public sanitary sewer, storm sewer, or watermain is required, the execution of a City/Owner_Contract shall be completed for this project. 6. An additional fire hydrant shall be provided at the 4th Avenue SE entrance to the parking lot. The location of the additional fire hydrant can be moved to the boulevard area of 41t' Avenue SE near the east entrance. The Fire Prevention Bureau has approved this location and since the • hydrant will be located within the public right-of-way, the execution of a City/Owner Contract will be necessary. 7. Council approval is required to allow the proposed access onto 3`d Avenue SE and onto 9th Street SE, since they exceed the maximum width allowed of 32 feet. Public Works supports the proposed access width at 36 feet. (Note: The widths are indicated as 36 feet on one page of the plans, and as 37th feet on another). If the City Council doesn't approve the 36' wide access opening, the site plan shall be revised so that the openings are at the maximum 32' in width. 8. The retaining wall shown on the plan must be at least 18 inches from the edge of the sidewalk. Landscape plantings must also maintain 18 inches of clearance from the sidewalk at full growth.. 9. The owner shall remove any remaining driveway approaches from the removed dwellings and restore the curb and boulevard. The condition of the existing concrete sidewalk and curb along the frontages of this property will be reviewed by City Public Works staff, and any needed panel repair and/or replacement work of sidewalk or curbing shall be done concurrent with the building expansion project. The driveway changes on 3rd Avenue SE shall be required to match existing construction and meet City design standards. WHEREAS, following the August 13, 2003, Planning and Zoning Commission meeting, •he applicant submitted a revised design and site plan. As a result, the Planning Department recommended the deletion of condition #1; and, WHEREAS, the Common Council held a public hearing on the incentive development preliminary plan request on September 15, 2003, and gave all interested persons an opportunity to give testimony and make presentations; and, WHEREAS, the Applicant's representative appeared at the public hearing and testified that the Applicant agreed with all of the above conditions. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that it adopt the Planning and Zoning Department's findings of fact and that the incentive development final plan #02-35 requested by Bethel Lutheran Church is granted, subject to the above eight conditions (#2 - #9). PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS fU DAY OF 2003. °PRESIDENT OF SAID COMMON COUNCIL ATTEST: Ae�rj ITY CLERK APPROVED THIS / 7;V DAY OF , 2003. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Zon:2000\I ncendev.0235.fi na 1pla n