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Home My WebLink AboutOrdinance No. 4303 - Second Reading: TextAmendmentToSection61.147.ConditionalUsePermits ORDINANCE NO. ____ AN ORDINANCE AMENDING AND REENACTING SECTION 61.148 OF THE ROCHESTER CODE OF ORDINANCES, RELATING TO STAFF AUTHORIZED CHANGES TO APPROVED CONDITIONAL USE PERMITS. THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN: Section 1. Section 61.148 of the Rochester Code of Ordinances is hereby amended and reenacted to read as follows: 61.148. Staff Authorized Changes to Approved Conditional Use Permits: Subdivision 1. Subject to the restrictions provided in subdivision 2, the zoning administrator is authorized to make minor changes to approved conditional use permits if necessitated by engineering factors, changing economic conditions, or other circumstances unforeseen at the time the plan was approved. Minor changes may include, but are not limited to, modification in building locations, building height, the amount of floor area, exterior facades, landscaping materials and placement, the design of public landscaping materials and placement, the design of public facilities, lot coverage, and the addition, deletion, or change of accessory structures or uses. Subd. 2. In making a determination to approve a change, the zoning administrator shall find that the proposed change will not adversely impact any adjacent property and will not result in: A. In the case of a residential development, an increase or decrease in the number of approved dwelling units by more than ten percent; B. An increase or decrease in the floor area ratio which will result in more than ten percent change in building coverage on the lot; C. Changes in site design that may create problems or conflicts associated with vehicular traffic, transit vehicle or patron, nonmotorized vehicle or pedestrian circulation on-site and at access points; D. Inadequate public facilities; 1 E. A reduction in off-street parking and loading spaces, unless accompanied by concurrent reduction in dwelling units or (in the case of non-residential development) floor area; or the reduction in parking does not result in non-conformance with the requirements of this ordinance; (or a reduction in parking that does not comply with any ordinance requirement) F. A change in building locations which would result in distance separations between structures in the development or on adjacent lots to fall below the normal separation that would be required under conventional zoning; or G. A significant change in the essence or character of the project as approved. Examples include, but are not limited to: (1) Elimination of one of the major approved elements of the project, such as: elimination of the residential, retail/commercial, or hotel element; (2) Reduction of transparency at the ground level by more than ten percent either through elimination of glass, or obstruction of more than ten percent of glassing as approved that reduces visibility in and out of the structure; (3) Significant change in either the durability or quality of building materials or landscaping; and, (4) Significant reduction in landscape area that would change the essence or character of the project as approved. Subd. 3. All changes other than those listed above shall be subject to approval by the same type procedure by which the original approval was obtained. Subd. 4. This section is not applicable to any aspect of an approved conditional use permit which is addressed in a public infrastructure related development agreement. Section 2. This ordinance shall become effective as of the date of its publication. 2 PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS ________ DAY OF _______________, 2017. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: __________________________ CITY CLERK APPROVED THIS _______ DAY OF _________________, 2017. ___________________________________ MAYOR (Seal of the City of Rochester, Minnesota) Ord15/61.148 3 ORDINANCE t1O.4303 AN ORDINANCE AMEND- in the fluor area ratio whish ING AND REENACTING will result In more than len SECTION 61,140 OF THE percent chapa in building ROCHESTER CODE OF coverage on Ae lot; ORDINANCES, RELAT- C. Changes in site design ING TO STAFF ARHO- that may creme problerns FRED CHANGES To AP or conflicts associated with PROVED CONDITIONAL F gPUBLICATION vehicular traffic,transit va USE PERMITS, bicho er pakrora; noa�motor- THE COMMON COUNCIL iced vehlr Is or pedestrian OF THE CITY OF f1OCH- C+ n ,^ r�a ,1 circulation on-site and at ESTER DO ORDAIN: State of Minnesota, Counter of Olmsted access points; Suction 1, Section 61.148; D,InarfagUagp public facili- of the Rochester Colla? Ides;E,A reduction in off-street of ordinances Is hereby Sue Lovejoy, being duly sworn, on oath that she is the publisher or authorized parking and loading spas- amended and reenacted to es, unless aacom anted read as(dews: agent and employee of the publisher of the newspaper known as the Post by concurrent reduction Chang. staff roveAuthd on-zed Bulletin and has full knowledge of the facts which are stated below: In dwelling units or(in the Changes to Approved Con- case tit non-residential de- Use velopment) floor area; or tlse Permits: Subdivision the reduction in parking f, subject to the restric- (A) The newspaper has complied with all the requirements constituting does not result In non-con- tions provided In subdtvi� � forma�nse with the rosette clan ,the ening adminis- qualifications as a legal newspaper, as provided by Minnesota Statute moms of this ordinance;(or tratomina iaangestodtomaed 331A.02 331A.G7 and other applicable laws as amended. a reduction in parking that minor changes to approved p p r conditional use permits it doesnane empiy mint any necessitated by engtneer ordinencaa artuirerrwar7t) Ing factors, changing eco- (B) The printed notice R A change in building to- , nomic conditions„ or other In cations oulanebult circumstances unforeseen tweed structures in the do- Which the time the plan was W�Wlhich is attached was cut from the columns of said newspaper, and was vale inert or on adjacent approved, Minor changeslots to fall below the normal may Include, but are riot printed and published 1 time(s), it was ,printed and pubiished on the following separation that would be limited to, modification in . building locations, building ` dates: required under conventlon- height, the amount of fluor at zoning;or area, exterior facades, PB 0,5/19/2017 Q. A significant change In landscaping materials and �� FO�7 the essence or chanIcter° plseement, the design of of the prefect as ap)roved, public landscaping mated- Examples include, are als and placement,the do- not ilmited to: (1) Elimination of one of sign of public(acuities, lot Printed' below is a copy of the lower case alphabet from a to z, both inclusive, tyre major approved ele- coverage,and the addition, ments of the pprolect, such deletion, or change of ac- which is hereby acknowledged as being the size and kind of type used in the as: elimination of the resl- subd.y structures or uses. composition and donfial, retailicommercial, ;3ubd. �. In nta151ng � de- p publication of the notice: termination to approve a or hotel element; change,the zoning admin- (2) Reduction,or transpar- Istrator shall find that the ebcderghiiklmroopgrstuvwxyz oncy at the ground level b� more than ten percent proposed change will not POST-BULLETIN 4�MPAiVY L.L.G. aither'through elimination adversely Impact any ad- jacent property and will not By: °, of glass, or obstruction of result in: more than ten percent of A.In the case of a residen- glassing as a�proved that flat development, an ir7- reduces visfblllly In and out theTITLE: Media Sales Manager of thestructur'e; crease or decrease h7 ell- � 3Significant change number of approved dwell- ( ) g in ei- ing units by more then ten ��++as a ther the durability or qual. percent„ Subscribed and swornto eon JEAN tf'U�JLITZ Ity of building materials or n B.An lacrosse or decrease This k ds of p NOTARY PUBLIC- tands¢ra I TA (4) Significant rroduclion in �<r» My Comm Exp,.Jan.31,2,OP0 landscape area that mould change the essence or character of the project as _W approved, N t Public Subdr S. Ali changes oih- RATE INFORM ON er than those listed above shall be sublecl to approval by the same type prose- 1) Lowest classified rate paid by commercial user $21.95 lure by which the original For comparable space (per inch/per day/display rate) approval was obtained, Saud. 4. ThIs section is net an tluabla 10 any as- 2) Publication Fee $329.24 pact of an approved con - 2) use porrult which is addressed In a pubQc in- frastructure related devol• Ad ff 209022:ORDINANCE NO.4303 AN ORDINANCE AMEN opmont agreement., Thisr Sasliorl 2. -1-bits ordinance i shall become effective as ' of the date of its publics tion. PASSED AND ADOPT- ED BY THE ,COMMON COUNCIL OF THE CITY OF ROCHESTER,MINNE- SOTA,THIS 181h DAY OF MAY,2017, /s/Randy Stever � PRESIDENT C)F SAID COMMON COUNCIL ATTEST: /s/Anissa Ho@aTgshead CITY'CLERK APPROVED THIS 17th DAY OF MAY,21717,. /S1 Ardefl F.Brede MAYOR Seal of the City of Rochester,Minnesota W1f1) 1