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HomeMy WebLinkAboutResolution No. 179-07 Ar RESOLUTION WHEREAS, RP Second Street, LLC, applied for an Incentive Development (#R2007- 007CUP) to permit the construction of a business center on land located at the intersection of 16th Avenue S.W., and Second Street S.W., and south of First Street S.W.; and, WHEREAS, R.C.O. § 62.630 sets forth the criteria for incentive developments; and, WHEREAS, based upon Section 62.630, the Planning and Zoning Commission recommended the following findings of fact: Preliminary Development Plan Criteria: a) Suitability of the Area: The proposed site is suitable as the location for a commercial Incentive Development. This site has been in various commercial uses for decades and is consistent with the Land Use Plan. It is located on a major commercial street adjacent to TH 52 and is separated from the Kutzky Park neighborhood by an Arterial street serving the adjacent commercial and residential areas. The proposal is a • redevelopment of a site that is currently served by public facilities. b) Site Design Criteria: 1) Capacity of Public Facilities: Utilities are already available to this project. 2) Geologic Hazards: Not applicable. 3) Natural Features: Not applicable. 4) Traffic Generation Impact: Increased trip generation will occur due to this proposal but not inconsistent with existing designation of the main access streets as arterial streets. The site is currently served by three commercial streets, two of which are arterial streets. 5) Height_Impacts: The design of the site including the underground parking allow the building to be kept to a height that is compatible in scale with the adjacent commercial buildings and with the residential buildings in the neighborhood. The building will not cast unacceptable shadows that affect the residential neighborhood to the east: • 6) Setbacks: The proposed building meets or exceeds the setback • requirements for the B-4 district. 7) Internal Site Design: The landscape area includes substantial plantings to screen the parking area and to improve the building fagade facing all of the streets including the fagade facing the Kutzky Park neighborhood. 8) Screening and Buffering: The project includes substantial landscaping materials around a plaza and parking lots, and foundation plantings. 9) Ordinance Requirements: The site provides more than the minimum landscape area and plant material, and related public amenities. A variance to the off street parking standards is proposed. The development meets the minimum yard and maximum height requirements. If the entire site area were owned by the developer at this time an 'Incentive Development would be unnecessary. The applicant has provided locations for wall signage and freestanding signs, however the information is not adequate to determine compliance with the ordinance. The signs proposed will need to meet the minimum requirements of Section 63.227; and, • WHEREAS, the Commission, following its public hearing, recommended approval subject to the following conditions: 1. Construction of sidewalk is required concurrent with this project, along the entire frontage of 16th Avenue SW and First Street, SW. 2. Grading and Drainage Plan approval is required for this project. 3. The development consists of separate parcels. The applicant will need to provide evidence of permission to utilize the separate parcel on the southeast corner of the development. A Right of Way Permit from the-MN Department of Transportation for the use of their properties shall be submitted to the City prior to permit approval. 4. The building shall be constructed as shown on the Exterior Elevations - panel of the submittal material. ' The applicant agrees that no deviation to the appearance of the building, design, exterior fagade, landscaping or streetscape will occur, from the plans approved by the City Council 5. Execution of a City-Owner contract and a Development Agreement are required prior to construction of infrastructure and permit approval 2 • 6. Signage for this business center shall meet the requirements of Section 63.227. 7. The permittee for this development shall construct water services as required by Rochester Public Utilities. 8. The applicant will be required to submit revised plans to' the Planning Department for the First Street changes requested by the Public Works Department prior to scheduling the public hearing before the City Council. 9. Any change to the service area within the rooftop terrace will require a review for compliance with the parking standards and the variance. WHEREAS, the Common Council held a public hearing on the Incentive Development R2007-007CUP request on April 16, 2007, and gave all interested persons the opportunity to make presentations and give testimony concerning the application; and, WHEREAS, at the April 16t. public hearing, the Public Works Department recommended the Planning and Zoning Commission's recommended conditions of approval be amended so as to state as follows: • 1. Grading and 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. 2. The development consists of separate parcels. The applicant will need to provide evidence of permission to utilize the separate parcel on the southeast corner of the development. A Right of Way Permit from the MN Department of Transportation for the use of their properties shall be submitted to the City prior to permit approval. 3. The building shall be constructed as shown on the Exterior Elevations panel of the submittal material. The applicant agrees that no deviation to the appearance of the building, design, exterior fagade, landscaping or streetscape will occur, from the plans approved by the City Council. 4. Execution of a City-Owner contract and a Development Agreement are required prior to construction of any public infrastructure needed to facilitate the development of this Property. 5. Signage for this business center shall meet the requirements of Section 63.227. 6. The permittee for this development shall construct water services as • required by Rochester Public Utilities. 3 • 7. The applicant will be required to submit revised plans to the Planning Department for the First Street changes requested by the Public Works Department prior to scheduling the public hearing before the City Council. 8. Any change to the service area within the rooftop terrace will require a review for compliance with the parking standards and the variance. 9. There are inadequate on and off site public facilities, specifically public roadways, sanitary sewer and storm water management facilities, 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 owner/developer may request to join with the City in making these inadequate public facilities adequate for this development, and owner/developer may enter into a development agreement prior to final development approval that outlines the 'developer's and City's obligation related, but not limited, to: access, stormwater management (including any obligations for off-site facilities), transportation 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. 10. The design and location of the proposed accesses on First Street S.W., may need to be modified to comply with the final terms in the development agreement for the property. The designs are not a standard City approach to include a sidewalk section and exceed the maximum width allowed. In addition, the design/depth of the internal trash/recycling bay area would not appear to facilitate use without vehicles extending into the right-of-way of First Street S.W. 11. Construction of pedestrian facilities are required concurrent with development along the entire frontages abutting 16th Avenue S.W., and First Street S.W., including a connection of pedestrian facilities on First Street S.W., to the existing facilities along the East Frontage Road. The obligations regarding payment to the City for previously constructed pedestrian facilities along the frontage of Second Street S.W., and the East Frontage Road will be addressed in the development agreement. 12. The final details regarding the First Street S.W., design will be resolved with Public Works as part of the city-owner contract and construction plan review and approval process; and, WHEREAS, at the April 16th public hearing, the applicant's representative agreed with all • of the recommended conditions of approval; and, 4 • WHEREAS, based upon all of the evidence and testimony submitted during the April 16tn public hearing, the Council accepts the Planning and Zoning Commission's recommended findings of fact and conditions of approval as amended by the Public Works Department. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that it adopt the Planning and Zoning Commission's findings of fact and that the Incentive Development requested by RP Second Street LLC, is granted subject to the above 12 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 DAX OF , 2007. r Aowozzr(h. PRESIDENT OF SAID COMMON COUNCIL ATTEST: �CD�1,1 !��(�►�� CITY LER APPROVED THIS l DAY OF , 2007. MAYOR OF SAID CITY (Seal of the,Gity of Rochester; Minnesota) Zone05\I ncendev.Z-007.prelim i .j 1 5