HomeMy WebLinkAboutResolution No. 525-15 - CascadeCreekDev.ConditionalUsePermitR2015-020CUPRESOLUTION
WHEREAS, Alan Ruth applied for a Restricted Development Final Plan #R2015-020CUP.
The Applicant proposes to amend Cascade Creek Development Restricted Development #R2006-
025CUP to allow for construction of a two-story daycare facility with associated parking. The
property is located at Lot 1, Block 2 of Cascade Redevelopment Plat north of Fourth Street N.W.,
and west of Sixth Avenue N.W., Rochester, MN; and,
WHEREAS, the property is legally described as follows:
Lot 1 Block 2 Cascade Creek Redevelopment comprising of .32 acres; and,
WHEREAS, since the Applicant seeks to amend an existing restricted development, the
Applicant is proposing the development through the restricted development process.
Pursuant to R.C.O. §62.700, the Restricted Development allows certain mixtures of land uses
which are not allowed within a given zoning district on a permitted or conditional basis which
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. The
regulations of this article recognize and provide encouragement for innovation and
experimentation in the development of land that would otherwise not be possible under the
zoning district regulations established by this ordinance; 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 final plan phase
is a Type III, Phase III procedure with a hearing before the City Council; and,
WHEREAS, R.C.O. §62.706 states the Council must approve a restricted development final
plan if it finds the development satisfies the criteria listed in R.C.O. §62.708, subd. 3 or a
modification for any unmet criteria has been granted as provided in R.C.O. §62.712; and,
WHEREAS, R.C.O. §62.712 states the Council may waive the need to satisfy certain
approval criteria if it finds:
1. The applicant has demonstrated that the plan as submitted adequately
compensates for failing to address the criterion in question; and,
2. The strict application of any provision would result in exceptional practical
difficulties to, or exceptional and undue hardship upon, the owner of such
property, provided the modification may be granted without substantial
detriment to the public good and without substantially impairing the purposes
of this ordinance or the policies of the Land Use Plan; and,
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WHEREAS, R.C.O. §62.708 (Criteria for Type III Developments), subd. 3 provides the
relevant criteria for the review of this application; and,
WHEREAS, the Planning Department applied the criteria found at R.C.O. §62.708, subd. 3
(Final Type III Development Plan) to this application and prepared the following findings of fact:
A. Public Facility Design: City sewer and water, and other utilities
are available to serve the site. The project has received approval
of the water utility plan from RPU.
B. Geologic Hazards: There are no known geologic hazards on the
property. Cascade Creek runs just west of the property causing
the site to be inundated by the 500 year flood zone. There are no
comments regarding wetlands.
C. Access Effect:
1. Access spacing standards for local and major local
residential streets is 8 feet between driveways and 35 feet
between driveways and intersecting streets. The two drives
entering 4t" Street NW on either side of this lot will meet the
8 foot separation and the eastern access will be located
over 140 feet from 6t" Avenue NW.
2. There should not be additional noise created as the existing
circular drive used for pick up and drop off will maintain the
same layout. Head lights leaving the western access point
will be directed down 7t" Ave NW. The eastern access may
affect the dwelling immediately across as the access point is
being moved west from its current alignment across from the
alley.
D. Pedestrian Circulation: There are connections from all building
entrances to the adjacent existing sidewalk. A pedestrian
connection is proposed on the northwest corner of the building to
the adjacent existing daycare facility to the north.
E. Foundation and Site Plantings: A variance to the required
percentage of landscaping was granted at the July 8t" Commission
meeting. The applicant has removed three parking stalls on the
east side of the building to accommodate the additional required
landscape conditioned during the preliminary plan approval. The
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existing rain garden will be maintained and plantings will be
consistent with the area.
F. Site Status: An existing development agreement for this site will
be adhered to, ensuring completion of public infrastructure for the
site. The existing rain garden is being maintained by the owners of
the property. Any additional requirements will be enforced at the
time of Certificate of Occupancy.
G. Screening and Bufferyards: There will be parking lot
screening with a low brick wall along 4t" Street NW and four trees
within the islands in the parking lot. Boulevard trees will also be
planted along 4t" Street NW. Bufferyards are not required on this
lot as the project is part of a larger development site which includes
the existing daycare facility and apartments.
H. Final Building Design: The building design and facade
elements have not changed from the prelimary plan stage. Height,
setbacks, and site circulation have remained unchanged and any
reductions in required setbacks have been addressed through
Design Modifications approved at the July 8t" Commission meeting.
Internal Circulation Areas: The site layout provides
adequate building separation and orientation to the existing single
family dwelling located to the south. Circulation is designed to
move patrons through the site efficiently with Kutzky Ct NW
wrapping the site on the north, east and west. There are good
pedestrian connections, providing access to the adjacent trail
system and developments.
J. Ordinance Requirements: Adequate amounts of off-street parking
are being provided and loading areas are addressed by privately
signed stalls for short term visitors on site. Any unmet
requirements have been approved during the preliminary plan
stage through Design Modifications and a Variance.
K. Non -vehicular and Alternate Travel Modes: The location of this
project adjacent to the downtown core provides incentive to utilize
alternative modes of travel. There are good pedestrian
connections to Civic Center NW, the Cascade Creek trail, and a
nearby bus station; and,
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WHEREAS, the Planning Department's September 17, 2015, staff report states that, if the
City supports the application, Planning Department staff would recommend the following
conditions of approval be imposed-
1. An adequate water supply shall be provided for fire protection including
hydrants properly located and installed in accordance with the
specifications of the Water Division. Hydrants shall be in place prior to
commencing building construction.
2. A cross parking and access agreement is needed for the eastern parking
stalls and drive aisle.
3. A Plant Investment Fee is applicable and will be collected through the
Building Permit approval process.
4. A Traffic Impact Study or a waiver of this obligation is required from the
Director of Public Works.
5. Boulevard trees will be required for the development. Prior to the
development of the property, the Owner shall determine which of the two
available options, Payment Method or Install Boulevard Trees, will be
used to meet their boulevard tree obligations for each phase of
development. Once the option is selected, the Owner shall either make
applicable cash payment to the Rochester Park & Recreation Department
or submit a planting plan to the City Forester for a planting permit prior to
final development approval.
6. There is an existing Development Agreement for this Property, and
development is subject to the terms of said agreement.
7. Grading & Drainage Plan approval is required for this application, as well
as, payment of any applicable Storm Water Management Plan Area
Charge (SWMPAC) for the increase in impervious surface.
8. The Council's actions in approving this development occur in response to the
applicant's or his/her representative's oral and written representations as to
the appearance of the building design, exterior fagade, and landscaping. As
such, the applicant must not deviate from the appearance of the building
design, exterior fagade and landscaping as originally presented to the
Council without the Council's prior approval; and,
WHEREAS, on September 23, 2015, the Rochester Planning and Zoning Commission held
a public hearing on this restricted development final plan, reviewed the application according to
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the requirements of R.C.O. §62.708, and recommended approval based upon Planning
Department staffs recommended findings of fact subject to the eight conditions of approval
described above; and,
WHEREAS, on October 19, 2015, the Common Council held a public hearing on the
restricted development final plan request and permitted all interested persons to be heard; and,
WHEREAS, based upon a preponderance of the evidence submitted at the October 19t"
public hearing, the Common Council adopts as its own the Planning Commission's recommended
findings of fact and eight conditions of approval as described above; and,
WHEREAS, based upon a preponderance and substantial weight of the evidence
submitted at the October 19t" public hearing, the Common Council determines that the Applicant
satisfied the criteria of R.C.O. §62.708 subject to the eight conditions of approval recommended by
the Planning and Zoning Commission.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that the Restricted Development Final Plan #R2015-020CUP requested by Alan Ruth is in all
things approved subject to the eight conditions of approval as stated herein.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF , 2015.
ATTEST:
PRESIDENT OF SAID COMMON COUNCIL
CITY CLERK
APPROVED THIS DAY OF , 2015.
(Seal of the City of
Rochester, Minnesota)
Zone 15\RestDevFi na1.1520
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MAYOR OF SAID CITY