HomeMy WebLinkAboutResolution No. 333-18 - BloomHolding.IncendevFinalPlan.R2018-001CUP
RESOLUTION
WHEREAS, Bloom Holding applied for a Type III, Phase III Incentive Development
Final Plan (#2018-001CUP) to permit the construction of a mixed-use development consisting of
residential transient accommodations, retail, restaurant, congregate housing, group residential
care, and nursing and personal care uses. The property is bounded by Civic Center Drive N.W.,
to the north, First Avenue N.W., to the east, a railroad right-of-way to the south, and Second
Avenue N.W., to the west; and,
WHEREAS, the legal description for the property affected by the application is as follows:
Tract A - Parcels 1 and 2
That part of Block 20 in Moe and Old's Addition to Rochester; bounded and described as
follows: Beginning at a point on the North line of said Block 20, distant 12 feet 8 Inches
(12.67 feet) Westerly from the Northeast corner of Lot 6 in said Block 20; thence Westerly
along said North line of Block 20 a distance of 26 feet; thence Southerly parallel with the
East line of said Lot 6 to a point on the South line of said Lot 6; thence Easterly along said
South line of Lot 6, said South line being also the North line of Lot 4 in said Block 20, a
distance of 10 feet, more or less, to a point distant 60 feet Easterly from the Northwest
corner of said Lot 4 (as relocated for the widening of the alley to 30 feet in said Block 20);
thence Southeasterly along a straight line to a point on the South line of Lot 3 in said Block
20, distant 80 feet Easterly from the Southwest corner thereof (as relocated), said South
line of Lot 3 being also the North line of Lot 2 in said Block 20; thence Southeasterly along
a straight line to a point on the South line of said Lot 2, distant 94 feet Easterly from the
Southwest corner thereof (as relocated); thence Southerly parallel with the West line of
said Block a distance of 10 feet; thence Easterly parallel with the South line of said Lot 2 a
distance of 35 feet, more or less, to a point distant 10 feet Westerly, measured at right
angles, from the center line of the main track of the Chicago and North Western
Transportation Company (formerly the Chicago Great Western Railway Company), as said
main track is now located; thence Northerly parallel with said main track center line a
distance of 290 feet, more or less, to a point on the North line of said Block 20; thence
Westerly along said North line of Block 20 a distance of 40 feet, more or less, to the point
of beginning.
Tract B - Parcels 3 and 4 and part of Parcel 8
Commencing at the southwest corner of Lot 1, Block: 20, Moe and Old's Addition to
Rochester, Minnesota, thence north along the west line of Lots 1, 2, 3, and 4, in said Block
to the northwest corner of said Lot 4, thence east along the north line of said Lot 4, 60 feet,
thence southeasterly through Lots 4 and 3 on a line to a point on the south line of Lot 3, 80
feet east of the southwest corner of said Lot 3, thence southeasterly through said Lot 2 on
a line to a point on the south line of Lot 2, 94 feet east of the southwest corner of said Lot
2, thence south 10 feet, thence east 35 feet, thence north 10 feet to the north line of said
Lot 1, thence east one foot more or less to the west line of the land deeded to the
Wisconsin, Minnesota and Pacific Railroad Company by Deed dated January 23, 1902,
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thence Southeasterly along said west line of the land so deeded to said Railroad
Company, to a point on the south line of said Lot 1, 69 feet west of the southeast corner
thereof, thence west to place of beginning;
ALSO:
All that part of the Mill Reservation as platted in Moe and Old's Addition to Rochester,
Minnesota, lying west of a line commencing at a point in the south line of Third Street
Southeast, 20 feet east of the Mill and running thence south to Fourth Street Southeast,
except therefrom a strip of land fronting on Broadway Street, and extending from Third
Street Southeast to Fourth Street Southeast, being 140 feet in width at the north end and
70 feet in width at the south end; also 75 feet in width north and south running due north
from the west side and the northwest corner of the Mill on said Mill Reservation and
extending east to the Zumbro River except so much thereof as was conveyed to the
Wisconsin, Minnesota and Pacific Railroad Company by Deed 85-460.
ALSO:
The vacated portion of Third Street Southeast; and the vacated portion of the public alley
abutting 1, 2, 3, and 4, Block 20, Moe and Old's Addition to Rochester.
ALSO :
Lot 7 and the West 9 1/2 feet of Lot 6, Block 20, Moe and Old 's Addition to the City of
Rochester, Olmsted County, Minnesota. Excepting that portion of the above premises
described as follows: Commencing at the north property line of Fourth Street South East
and continuing thence in a Northeasterly direction along the East line of the alley for a
distance of one hundred seventy-five (175) feet, more or less; thence ninety degrees {90°)
East to the retaining wall of the Zumbro River; thence South along such retaining wall back
to the North property line of Fourth Street South East (the above exception being intended
to exclude from this contract of conveyance those buildings currently occupied by the Red
Owl Stores, Inc. and the Time Theater, together with fifty (50) feet of the parking strip
directly contiguous thereto) together with the vacated portion of the alley adjacent to the
east line
of Lots 1, 2, 3 and 4, Block 20, Moe and Old's Addition and the vacated portion of 3rd
Street abutting the south line of Lot 1, Block 20, Moe and Old's Addition.
Tract C - Parcels 5, 6, 7, and 9
That part of Lots 1, 2, 3, 4, 14, 15, and 16, Block 20, Moe and Olds Addition to the City of
Rochester, Minnesota, described as follows: Beginning at the southeast corner of said Lot
1; thence south 88 degrees 56 minutes 05 seconds West, assumed bearing, along the
south line thereof, 48.40 feet to a line which is 12.50 feet easterly of, as measured at right
angles to and parallel with, the centerline of the main track of the Dakota, Minnesota and
Eastern Railroad corporation (formerly Chicago Great Western Railway): thence North 02
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degrees 24 minutes 29 seconds West, parallel with said railroad centerline, 134.64 feet;
thence South 09 degrees 44 minutes 57 seconds East, 44.38 feet; thence North 31
degrees 19 minutes 35 seconds East, 97.87 feet; thence North 34 degrees 39 minutes 10
seconds East, 34.07 feet; thence North 43 degrees 40 minutes 54 seconds East, 171.67
feet to the east line of said Lot 16; thence south 01 degree 04 minutes 10 seconds East,
along said east line, 50 feet, more or less, to the northwesterly edge of the South Fork of
the Zumbro River; thence southwesterly along the northwesterly edge of said river, 238
feet, more or less, to the east line of said Lot 2; thence South 00 degrees 18 minutes 59
seconds East, along said east line, 86 feet, more or less, to the point of beginning.
Tract D Part of Parcel 8
All that part of the Mill Reserve in Moe & Olds part of the Original Plat of the Town (now
City) of Rochester, which lies east of the following described line to wit: Commencing at a
point on the south line of Lot one (1) of Block Twenty (20) in said Moe & Olds part of said
Original Plat, sixty-nine {69) feet west of the southeast corner of said lot; thence running
southerly seventy-five (75) feet to a point twenty (20) feet east of the east side of the stone
mill now on said property; thence running south, parallel with and twenty (20) feet east of
the east wall of said mill to the north line of College Street. The lands above described in
this parcel may also be described as follows: All that part of the Mill Reservation in Moe
and Olds Addition to Rochester, Minnesota, which lies east of the following described line:
Commencing at the southeast corner of Lot 1, Block 20 in said Moe and Olds Addition;
thence south 89 degrees 32 minutes 10 seconds West, assumed bearing, along the south
line of said Lot 1 a distance of 69.00 feet to the point of beginning of the line to be
described; thence South 03 degrees 47 minutes 24 seconds East, 75.00 feet (this point is
305 .15 feet easterly of the northwest corner of said Mill Reservation ); thence South 01
degrees 07 minutes 48 seconds East, 329.75 feet to the south line of said Mill Reservation
(t his point is 309.33 feet easterly of the southwest corner of said Mill Reservation) and
there terminating.
Also:
The triangular piece of land lying and being between the west line of Lot Two (2) in Block
eighty-two (82) in said Moe & Olds part of said Original Plat and the river.
Tract E - Parcel 10
Lots 17, 18, and 19, Block 20 of Moe & Olds Addition, Olmsted County, Minnesota.
Tract F - Parcel 11
Lots 20, 21, and 22, Block 20 of Moe & Olds Addition, Olmsted County, Minnesota.
Tract G - Parcel 12 and Parcel 13
All that part of Lots 1, 2, 3, 4, and 5, Block 20, MOE AND OLDS ADDITION to the City of
Rochester, Minnesota, being described as follows: Commencing at the southwest corner
of Block 20 in said MOE AND OLDS ADDITION; thence North 89 degrees 32 minutes 10
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seconds East, assumed bearing, along the south line of said Block 20, a distance of 300.
79 feet to a point distant 69.00 feet west of the southeast corner of Lot 1 in said Block 20
for the point of beginning; thence North 00 degrees 51 minutes 38 seconds west, 50,02
feet to the north line of said Lot 1, distant 70.00 feet west of the northeast corner thereof;
thence south 89 degrees 32 minutes 35 seconds West, along said north line, 2.81 feet to a
line which is 10.00 feet westerly of as measured at right angles to and parallel with, the
centerline of the main track of the Dakota, Minnesota, & Eastern Railroad corporation;
thence North 01 degrees 48 minutes 24 seconds West along said line, 280.15 feet to the
north line of said Block 20; thence North 89degrees 34 minutes 56 seconds East, along
said north line, 23 .03 feet to the northwest corner of Lot 13 in said Block 20; thence South
00 degrees 28 minutes 01 seconds East along the west line of said Lot 13, a distance of
130.02 feet to the north line of Lot 4 in said Block 20; thence North 89 degrees 33 minutes
46 seconds East along said north line, 2. 59 feet to a line which is 12. 5 feet easterly of, as
measured at right angles to and parallel with, the centerline of the main track of said
Dakota, Minnesota & Eastern Railroad Corporation; thence south 01degrees48 minutes
24 seconds East along said line, 200.10 feet to the south line of said Block 20; thence
south 89 degrees 32 minutes 10 seconds West along said south line, 20.60 feet to the
point of beginning.
Tract H - Parcel 14
All that part of the Mill Reservation as platted In Moe and Olds' Addition to Rochester,
Minnesota, described as: Commencing at a point on the North property line of 4th St. S.E.
which Is 88.5 feet East of the East line of South Broadway (said point being on the
Easterly line of the public alley in said Mill Reservation); thence in a Northeasterly direction
along the East line of the alley for a distance of 175 feet more or less, thence 90 degrees
East to the retaining wall of the Zumbro River, thence South along such retaining wall back
to the North property line of 4th St. S.E., thence West along the North line of 4th St. S.E. to
beginning, Olmsted County, Minnesota.
WHEREAS, the project is being proposed through the Incentive Development Conditional
Use Permit process because the proposed floor-area-ratio (FAR) is beyond what is permitted by
the underlying CDC-CBD Zoning District; and,
WHEREAS, The proposal is consistent with Comprehensive Plan 2040.
WHEREAS, The Council adopts staff findings A-L as described in the staff report dated
August 22, 2018, and finds the proposal meets the regulations in R.C.O. § 62.630 (subd. 3)
Conditional Use Permit Incentive Development Final Plan.
WHEREAS, The Council adopts staff findings 1, 3, and 4 and finds the proposal meets
three incentives in R.C.O. § 62.656 Central Development Core.
WHEREAS, on August 22, 2018, the City of Rochester Planning and Zoning Commission
reviewed the application according to the requirements of R.C.O. § 61.146 and R.C.O. § 62.630
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(subd. 3) and recommended approval with modifications to staff’s conditions.
WHEREAS, on September 17, 2018, the City of Rochester Common Council held a public
hearing to consider this application and adopted the findings of fact and recommended approval
subject to conditions as listed below by the Staff Report.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that, based upon the above-stated findings of fact, the Applicant has shown by a preponderance
of the evidence submitted at the public hearing that it has satisfied the above criteria subject to
the imposition of the thirteen conditions of approval shown below.
BE IT FURTHER RESOLVED that the City approve Conditional Use Permit Final Incentive
Development Plan #R2018-001CUP requested by Bloom Holding c/o Oxford Management,
subject to the conditions of approval shown below:
1. Prior to building permit approval, a revised photometric plan and lighting details shall be
submitted to the Planning Department showing compliance with the LDM.
2. Prior to building permit approval, a revised utility plan shall be submitted showing all existing
water services as abandoned at the main. To minimize a future street patch, the new water
service to the north tower should be installed with the 4th Street reconstruction project
(existing service to the ramp can be temporarily reconnected in the sidewalk area)
3. This proposed project will include improvements to existing public infrastructure, as well as,
proposed private improvements within certain existing public right-of-way / easements. The
Developer’s, and the City’s respective obligations for construction and maintenance (including
snow removal) of improvements within the public right of way / easements needs to be
formally addressed by agreement, prior to final permit approval for this project. As final project
design features are formulated, the Developer should be coordinating with City Administration
and Public Works staff during the development review process to have the City review the
design features and prepare an appropriate agreement (Development Agreement, Revocable
Permit Agreement, Contribution Agreement. etc) to best memorialize the parties’ obligations
and to facilitate the redevelopment project.
4. Prior to building permit approval, Grading & Drainage Plan approval is required for this project.
5. Execution of a City-Owner Contract will be required prior to construction of any public
improvements associated with this project.
6. Execution of a separate Revocable Permit Agreement will be required for any private
improvements within the public right-of-way and other public easements, unless, said
encroachments are not otherwise addressed within some other City prepared Agreement.
7. The proposed ramp entrance /exit off of 2nd St SE is similar to the existing conditions but
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does not meet access spacing standards in LDM 64.143 from the abutting Public Alley. For
the proposed access to be approved for this redevelopment, the Developer will need to seek
and obtain approval from the City Engineer for a Substandard Access as provided for in LDM
64.146, prior to building permit approval.
8. Development of the property is subject to a Sewer Availability Charge (SAC) and a Water
Availability Charge (WAC) which are due concurrent with issuance of a Utility Connection
Permit. The development is also subject to a Plant Investment Fee (PIF) which will be
calculated and collected as part of the Building Permit review and approval process.
9. The Developer shall have a Traffic Control Plan prepared to address haul routes and traffic
control during construction. The plan is subject to review and approval by the City Engineer
and / or Traffic Engineer prior to commencing construction or the Project.
10. Prior to building permit approval, the development plans shall be updated to show that
structural soils will be used for trees within the site.
11. Prior to building permit approval, the development plans shall be updated to show additional
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distinction of the bicycle lane connecting 3 Street SE to the riverfront through the use of
color, materials, or transitional markings.
12. Tinted window clings on ground-floor windows for window tinting or signage shall be
prohibited.
13. Prior to building permit approval, the development plans shall be updated to show that ground
floor windows will have clear or lightly-tinted windows with a visible transmittance (VT) no less
than 0.5.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2018.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2018.
__________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone15\\Incendev.18-01.Final
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