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HomeMy WebLinkAboutResolution No. 418-09 A�1 S- D 9 RESOLUTION WHEREAS, Metro Plains Development applied for a Type III, Phase II, Restricted Development #R2009-026 to redevelop property bounded by Fourth Street N.W., on the south, Sixth Avenue N.W., on the east, Cascade Creek on the west and Civic Center Drive on the north excluding the property on the corner of Fourth Street N.W., and Sixth Avenue N.W. The project would consist of a mixed use development consisting of a 10,000 square foot daycare center, six townhome units and a four/three story apartment building with 40 rental units. There would be underground and surface parking for the development; and, WHEREAS, the proposed development project involves a mixture of land uses which are not allowed within the applicable 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 Opreliminary 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; and, WHEREAS, R.C.O. §§ 61.146 (Standards for Conditional Uses) and (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: City sewer and water, and other utilities are available to serve the site. Final utility construction plans with profiles will need to be approved by the various agencies and conform to standard City of Rochester requirements. All the existing water services to this property must be abandoned properly at the main in the street and the curb boxes removed per the requirements of RPU. An additional hydrant shall be provided at the east entrance to the development. The minimum fire flow to the commercial/multi- 1 • family residential area shall be no less than 1,500 gpm at 20 psi. b) Geologic Hazards: Cascade Creek transverses the property on the west side. It appears that the floodway for Cascade Creek runs along its west property boundary. A portion of the site in inundated with the shaded Zone X which is areas of the 500- year flood. c) Natural Features: The majority of the site adjacent to Cascade Creek is proposed to the secured playground area for the daycare facility. d) Residential Traffic Impact: Access to the site is by way of 4t" Street NW. This roadway is a residential roadway. The traffic generated by the proposed could cause operational problems at the intersection of 4t" Street NW and 6t" Avenue NW. If this intersection does become a problem the City may look at modifications to the intersection which may include a right- in/right-out or other improvements necessary to accommodate . the traffic. The use will create additional traffic during the evening and nighttime hours on the local residential streets. e) Traffic Generation Impact: The proposal is located at the intersection of a Primary Urban Collector (6t" Avenue NW) and a Strategic Urban Arterial (Civic Center Drive) roadway. The potential traffic generated by the daycare facility may cause the capacity of the adjacent roadway to be exceeded. Future improvements to the intersection of 4t" Street NW and 6t" Avenue NW may be necessary to address the increase traffic generated by the development. fl Height Impacts: The proposed development occupies the entire block except for one property. The sitting of the structures will not block vistas from the primary exposures of the adjacent residential dwellings. The four story structure will not block the sunlight in the mornings and early afternoons from reaching the adjacent properties located across 6t" Avenue NW. g) Setbacks: The proposed building setbacks to 6t" Avenue NW are similar to what currently exists on the site. The setbacks • are below the minimum requirements; however, the 2 development is considered a New Urbanism design in which buildings are placed close to the right-of-way to provide a pedestrian friendly environment. h) Internal Site Design: The site layout provides adequate building separation and orientation for a new urbanism design. The site design allows for pedestrian circulation throughout the development and to the sidewalks within the public right-of- way. i) Screening and Buffering: At this time a detailed landscaping plan has not been submitted but it appears that boulevard trees would be planted. The detailed plan will need to be submitted when the final plat is submitted. At that time it will be reviewed to ensure that adequate protection is being provided for the residents in the development and the surrounding residential areas. j) Ordinance Requirements: Adequate amount of off-street parking is provided and a detailed landscaping plan will need to be submitted at the time the final plan is submitted for • review. The first parking spaces, closest to 4th Street NW right-of-way, on each side of the parking area east of the townhomes should be eliminated so that the parking starts behind the townhome units. k) General Compatibility: The type of development proposed can be found to be compatible with the surrounding neighborhood. The Rochester Urban Service Area Land Use Plan designates the property for high density residential uses. The types of uses proposed would fit this designation. The development almost encompasses the entire block. 1) Non-Vehicular and Alternate Modes of Travel: The proposed development incorporates pedestrian oriented spaces and provides direct and convenient pedestrian access to the building entrance(s) from public sidewalks and parking areas. There is an existing bus stop at the corner, of 4th Street NW and 6th Avenue NW. The site plan needs to be revised on provide 30 foot wide public access from 7th Avenue NW to Cascade Creek for pedestrian and maintenance of Cascade Creek. There also needs to be at a minimum a 15 ft wide • maintenance access / pedestrian facility trail corridor that is 3 • graded to accommodate maintenance vehicles and pedestrian use along the east bank of Cascade Creek; and, WHEREAS, on August 26, 2009, the Rochester Planning and Zoning Commission held a public hearing on this restricted development conditional use permit, reviewed the application according to the requirements of sections 61.146 and 62.708, adopted the Planning Department's recommended findings of fact and recommended approval of the application subject to the following conditions: 1. There are inadequate on and off site public facilities, specifically Public Roadways, Sanitary Sewer, Water, and Storm Water Management/ Flood Control Facilities, existing to accommodate the development of this Property. No development will be allowed to occur until the City Council has determined that all required public facilities are adequate for said development. Alternatively, the developer may request to join with the City in making these inadequate public facilities adequate for this development, and may enter into a Development Agreement, prior to a Final Plat submittal and prior to development of the Property, that outlines the Developer's and • City's obligations related, but not limited to: access, storm water management (including any obligations for off-site facilities), access to the City's flood control project facilities, transportation improvements (including any off-site improvements necessary to accommodate this development), pedestrian facilities, contributions for existing & future public infrastructure, and the extension of public utilities to abutting properties where applicable. 2. Grading & Drainage Plan approval is required prior to development, as well as, payment of any applicable Storm Water Management Area Charge for any increase in impervious surface. 3. The development does have parkland dedication based on an increase in dwelling units. The parkland dedication requirements shall be met via cash in lieu of land with payment due prior to recordation of the final plat. 4. The condition of Pedestrian Facilities along the frontages of the Property will be reviewed by Public Works staff and any needed repairs and/or panel replacement shall be completed concurrent with construction for this project. 5. Sign type "B" shall be the size and amount of signage allowed for the development. 4 • i of he existing alleys that is necessary to facilitate this 6. The vacation t g y ry development needs to be completed prior to Final Plat approval. 7. Execution of a City-Owner Contract, and dedication of all applicable public easements is required prior to construction of any public improvements to serve this project. Water mains connecting to and including any fire hydrant are considered public and need to be within a 20' minimum public utility easement. 8. All the existing water services to this property must be abandoned properly at the main in the street and the curb boxes removed per the requirements of RPU. 9. The site plan needs to be revised to accommodate the following: A. Thirty foot wide public access across the area labeled as Outlot A from Seventh Avenue NW., to Cascade Creek for pedestrian and maintenance of the creek; B. A minimum of a 15-foot wide flat maintenance access/future trail corridor be preserved along the top of the east bank of Cascade • Creek; C. An additional hydrant shall be provided at the east entrance into the development; D. The first parking spaces, along the east access into the development shall be removed so that the parking starts behind the front wall of the townhomes; and E. The private roadway through the development shall be 25 feet in width while the parking stalls are changed to a depth of 17 feet instead of 18 feet. WHEREAS, the Common Council held a public hearing on the restricted development preliminary plan request on September 21, 2009, and permitted all interested persons to be heard; and, WHEREAS, at the September 21st public hearing, the Council considered the evidence and testimony submitted, as well as the material contained in the meeting agenda; and, WHEREAS, at the September 21st public hearing, the Council added "F" to condition #9 so as to read as follows: • 5 F. Removing the notation of on street parking on Sixth Avenue N.W;. S and, WHEREAS, at the September 21 st public hearing, the Council added condition #10 so as to read as follows: 10. No part of the buildings shall extend over the property lines into the public right-of-way; and, WHEREAS, based upon a preponderance of the evidence submitted at the September 21st 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 September 21st public hearing, the Common Council determines that the Applicant satisfied the criteria of sections 61.146 and 62.708 subject to the ten conditions. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that the Type III, Phase II, Restricted Development #R2009-026, requested by Metro Plains Development in all things approved subject to the above ten conditions. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF �OCHESTER, MINNESOTA, THIS Z/Sr =OF 6EP18 _ , 2009. PRESIDENT OF SAID COMMON COUNCIL ATTEST CI CLERK APPROVED THIS DAY OF 8c� , 2009. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Zone05\RestDevC U P.2009-026 • 6