HomeMy WebLinkAboutResolution No. 385-15 - Britton.AssocBank.R2015014CUPRESOLUTION
WHEREAS, Craig Britton applied for a Type III, Phase III, Conditional Use Permit (#R2015-
014) to allow the construction of a one-story lobby bank for Associated Bank with surface parking
on property located at 434 South Broadway; and,
WHEREAS, the property is described as follows:
Lots Eleven (11), and Twelve (12), Block Eighty -Seven (87), WILLSON'S
ADDITION TO THE CITY ROCHESTER, Olmsted County, Minnesota, EXCEPT
the following: Beginning at the northeast corner of said Lot Twelve (12); thence
South 88 degrees 55 minutes 52 seconds West, assumed bearing, along the
north line thereof, 35.72 feet; thence South 11 degrees 21 minutes 37 seconds
West, 2.05 feet; thence South 08 degrees 53 minutes 49 seconds West, 85.32
feet; thence South 08 degrees 34 minutes 32 seconds West, 2.03 feet to the
South line of said Lot Eleven (11); thence North 88 degrees 58 minutes 49
seconds East, along said south line, 51.43 feet to the southeast corner of said
Lot Eleven (11); thence North 01 degree 10 minutes 37 seconds West, along the
east line of said Lots Eleven (11) and Twelve (12), a distance of 88.08 feet to the
point of beginning.
AND
The part of Lot 10, Block 87, WILLSON'S ADDITION TO ROCHESTER, Olmsted
County, Minnesota and that part of the North Half of vacated 5th Street SE lying
south of and adjacent to said Lot 10, all of which lies westerly of the following
described line: Commencing at the northwest corner of said Lot 10, thence North
88 degrees 58 minutes 49 seconds East, assumed bearing, along the north line
thereof, 86.71 feet for the point of beginning of the line to be described; thence
South 8 degrees 34 minutes 32 seconds West, 31.47 feet to the south line of
said Lot 10, thence North 89 degrees 00 minutes 57 seconds East along said
south line 10.00 feet, thence South 10 degrees 59 minutes 54 seconds West,
38.3 feet to a point on the center line of said vacated 5th Street SE and there
terminating.
I_1101191
A part of the South Half of vacated 5th Street SE (platted Line Street) lying west
of the Zumbro River in Block 101, WILLSON'S ADDITION TO THE CITY OF
ROCHESTER, said land being further described as follows:
Beginning at the northwest corner of Lot 9, Block 101, WILLSON'S ADDITION;
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thence North 00 degrees 59 minutes 26 seconds West, assumed bearing, along
the northerly prolongation of the west line of said Block 101, a distance of 37.50
feet to the centerline of said vacated 5th Street SE for the point of beginning of
the land to be described; thence North 89 degrees 00 minutes 57 seconds East
along said centerline 64.25 feet; thence South 9 degrees 39 minutes 41 seconds
West, 25.41 feet; thence South 89 degrees 00 minutes 57 seconds West, 59.55
feet to the west line of said Block 101 as prolongated; thence North along said
west line to the point of beginning and there terminating.
Said tract contains 0.36 acres more or less; and,
WHEREAS, the proposed building will utilize a glass storefront along South Broadway with
a mix of stone and brick facades on the south and east. The building will be located approximately
three feet from the west property line adjacent to South Broadway. The original design included a
drive -through on the north side of the building with three lanes wrapping around the east side of
the lot. The drive -through and all drive -through lanes have been removed and replaced with a
grassy area, picnic benches, a stormwater treatment pond, and a mixture of plantings; and,
WHEREAS, the parking lot is located 25 feet from the west property line, just south of
the building. Originally, two access points were taken from South Broadway; one directly to
the parking lot south of the building and the second just north of the building leaving the drive
through. With the new site plan, the north approach has been removed. Proposed
landscaping is grass to be located within the 25-foot buffer to the parking area, and a mix of
shrubs and grasses along South Broadway in five locations; and,
WHEREAS, the property is located in the CDC-FR (Central Development Core -Fringe
Area) Zoning District on the City of Rochester Zoning District Map. It is also within the
Downtown Parking Overlay Zone ("DPOZ"); and,
WHEREAS, a financial institution is a Type I permitted use within the CDC -Fringe
zoning district. The criteria under review is the not the building or use, but the newly created
parking lot given the project's location within the DPOZ. A new or expanded "Parking Facility"
requires the issuance of a Conditional Use Permit utilizing a Type III Use Permit process with
a Phase III Hearing Process pursuant to section 63.427, subd. 8(C)(1); and,
WHEREAS, the Planning Department staffs July 10, 2015, report listed the DPOZ criteria
and suggested findings of fact as follows:
A. Maximum Parking: The DPOZ allows only 75% of the required number of
parking stalls per the underlying zoning district to be constructed on non-
residential properties. This project is required six parking stalls based on
the CDC -Fringe standards, which will allow for only five parking stalls to
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be constructed on site. The applicant is proposing eight parking stalls on
site. The additional stalls on site are desired to provide safe access for
employees and customers. The nature of the business requires auto
access to the site for employees entering and exiting the building after
hours. Without the creation of a drive -through, the bank necessitates
additional parking stalls for patrons to temporarily park while dropping off
lock box deposits and visiting the ATM. This lot is located along a north -
south trail to the east and is about two blocks south and two blocks east
of the Downtown Transit Center on 2nd St SW. According to the City
Transit Planner, this area is extremely well served by Rochester Public
Transit.
B. Active/Pedestrian Street: Avoidance of parking facilities directly abutting
any of the seven active/pedestrian streets is desired. If avoidance is
determined by the Council to be infeasible, a minimum of a 15-foot wide
area, located at ground level, between the new parking facility and
sidewalk or street property line of the active/pedestrian identified street
should be provided. This plaza should be designed with public seating,
public art and landscape area. As designed, the project has a 25-foot
grass and landscaped area for the southern portion of the parking lot and
a 15-foot landscaped area with bench, bike rack, and shrubs on the
northern portion. Avoidance of locating the parking lot along the
active/pedestrian plaza is impossible given the narrow lot configuration
and constraints of the Zumbro River. South Broadway is the only
adjacent public right-of-way to the site.
C. Vehicle Drive Entrances: If vehicle drive entrances cannot be taken from
an alley, as is the case in this project, drives to parking facilities should
not exceed 20 feet of street frontage. The proposal is to maintain the
existing curb cut dimensions of 22 feet narrowing to a 20-foot drive aisle
on site. The standard aisle width per section 63.454 for a two-way aisle
serving 90 degree parking is 25 feet.
D. Location: Parking facilities on a lot with a principle building shall be located
either to the rear of the principal building or may be located on one side of
the principal building no more than 60 feet in width. The lot is constrained so
as not to allow for parking in the rear. The location of the lot on the south
side of the building is 60 feet in width. The parking facility is partially
screened from north bound traffic on South Broadway by existing park trees
and additional plant material on site and southbound traffic by the building
and plantings.
E. Landscape Buffering: A surface parking lot shall be buffered with
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landscaping whenever the lot on which it is situated abuts a public street,
sidewalk, or pathway. The minimum landscape buffer area adjacent to an
active/pedestrian street frontage is 15 feet. The buffer area shall be
planted with perennial shrubs with at least one shrub for every three
linear feet of frontage. Currently this buffer area is designed at 25 feet on
the south end of the parking lot and 15 feet on the north end. The
proposed landscaping plan notates Karl Forester Grass along the back
row of plantings at a rate of one per three feet of frontage with additional
shrubs such as ivory silk lilac, snowdrift crabapple, concorde barberry,
and pardon me daylilies mixed in front.
F. Lighting: Parking facility lighting shall utilize full cutoff luminaires at a
height no greater than 18 feet with a maximum illumination of one
footcandle at the property line. The project is not proposing any parking
facility lighting as part of this development.
G. Alternative Design Method Criteria-
1. Additional amenities or improvements above normal requirements that
mitigate any adverse effects of the alternative: The applicant has
increased the required landscaping on site 49.5% above the 5%
required in the underlying zoning district and has included a
multitude of shrubs and grasses to help screen the parking facility.
Previously, they were supplying 11.5% landscaping on site. The
screening buffer for the south portion of the parking lot is ten feet
greater than required while the northern portion meets the 15 foot
requirement. Bike racks are proposed on the west property line as
well as two benches. There will be a stormwater treatment pond on
the east side of the property and two picnic benches. The three
additional stalls requested will be adequately screened by the
proposed landscaping to mitigate any adverse effects.
2. The alternative design solution proposed will result in an improved
use of the land that preserves the purposes and goals of the LDM,
the DPOZ, and the Downtown Rochester Master Plan Report: The
plan includes a 25-foot landscaped buffer and a 15-foot landscaped
buffer with seating for the public, and bicycle racks called for in
section 63.427, subd. 8(D)(1) of the City of Rochester Zoning
Ordinance and Land Development Manual. There is also
landscape buffering meeting section 63.427, subd. 8(I)(1). In order
to offset the paving of three additional stalls, the applicant has
included additional landscaping above the minimum required.
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The Land Use Plan for the Rochester Urban Service Area under
the Neighborhood Analysis section on page 72 states, "[t]he
Downtwon Development District Plan divides the commercial
portion of the CBD into three sub -areas, including a core area
devoted to very high intensity commercial uses with a pedestrian
orientation; commercial fringe vehicular traffic orientation; and
high -density residential areas on the fringes of the CBD adjacent to
the Zumbro River." This project is within the commercial fringe area.
The applicant is requesting three additional stalls and has added
additional amenities called for in the DPOZ to mitigate the negative
effects.
The Downtown Master Plan calls for eliminating curb cuts/parking
entrances where possible as adjacent land develops along South
Broadway. This development will eliminate two existing entrance, a
reduction from three down to one. The plan also calls for
improvements to landscape, continuous trail connections, and
refreshed open spaces that this site accomplishes through the
inclusion of the landscaped space, public seating, and bicycle racks.
3. Based on the existing site constraints with the location of the Zumbro
River to the east and parkland to the south, access to the site can only
be achieved from South Broadway, an active pedestrian street. The
narrow lot also constrains the location of the parking facility, requiring
the placement adjacent to South Broadway; and,
WHEREAS, R.C.O. §61.146 provides the relevant criteria for the review of this application
for a conditional use permit; and,
WHEREAS, the Planning Department applied the criteria found at R.C.O. §61.146 to this
application and prepared the following findings of fact:
A. Provisions for vehicular loading, unloading, parking and for
vehicular and pedestrian circulation on the site and onto adjacent
public streets and ways will create hazards to safety, or will
impose a significant burden upon public facilities. The parking lot
provides the minimum 25-foot wide drive aisle and turnaround to
provide safe vehicular access into and out of the site. Pedestrian
connections are designed to provide safe travel from the building to
the adjacent sidewalk.
B. The site plan fails to provide a pedestrian access to any
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customer/tenant ingress/egress of the building, including from a
public right-of-way and off-street parking area that serves the use
in a manner which minimizes non-vehicular/vehicular conflicts.
The site plan shows sidewalks leading from both building entrances to
the adjacent sidewalk along South Broadway which avoids vehicular
conflicts.
C. The intensity, location, operation, or height of proposed
buildings and structures will be detrimental to other private
development in the neighborhood or will impose undue burdens
on the sewers, sanitary and storm drains, water or similar public
facilities. There is no indication of an undue burden on the sewer,
sanitary and storm drains, water or similar public facilities based on
referral comments provided from City Public Works or RPU. The bank
is a Type I permitted use within this zoning district. The height of the
building is proportional to the existing one-story office building to the
north and the fire station to the west. The limited hours of operation
will not be detrimental to the adjacent land uses.
D. The provision for onsite bufferyards and landscaping does not
provide adequate protection to neighboring properties from
detrimental features of the development. There is adequate
landscaping and buffering of the proposed parking lot from South
Broadway with a 25-foot wide landscaped buffer on the south end of
the parking facility and 15-foot wide landscaped buffer on the north
end. Additionally, the south property line is heavily buffered from the
park with existing trees.
E. The site plan fails to provide for the soil erosion and drainage
problems that may be created by the development. Based on
referral agency comments, there do not appear to be any soil erosion
or drainage problems created by the proposed development. A
stormwater retention pond has been added to manage runoff.
F. The provisions for exterior lighting create undue hazards to
motorists traveling on adjacent public streets or are inadequate
for the safety of occupants or users of the site or such provisions
damage the value and diminish the usability of adjacent
properties. There is no exterior lighting proposed for the
development at this time.
G. The proposed development will create undue fire safety hazards
CI
by not providing adequate access to the site, or to the buildings
on the site, for emergency vehicles. The Rochester Fire
Department has no requirements based on the plans submitted for
approval.
H. In cases where a Phase I plan has been approved, there is a
substantial change in the Phase II site plan from the approved
Phase I site plan, such that the revised plans will not meet the
standards provided by this section. No Phase I plan was
submitted.
The proposed conditional use does not comply with all the
standards applying to permitted uses within the underlying
zoning district, or with standards specifically applicable to the
type of conditional use under consideration, or with specific
ordinance standards dealing with matters such as signs which
are part of the proposed development, and a variance to allow
such deviation has not been secured by the applicant. The
proposed site plan complies with all regulations of the underlying
Central Development Core, Fringe Area zoning district. The applicant
has redesigned the site to meet the initiated text amendment removing
the drive -through facility. Any alternative design methods of
compliance in the DPOZ (section 63.427) can be approved by the City
Council based upon section 63.427, subd. 8(D). The alternative
designs the City Council will need to approve are the three additional
parking stalls and the access to the site from South Broadway, an
active pedestrian street. These findings and the alternative design
methods can be found under G of the DPOZ findings section on page
5 of the staff report; and,
WHEREAS, the Planning Department's July 10, 2015, staff report states that, based upon
its proposed findings of fact, Planning Department staff would recommend approval of the
Conditional Use Permit (DPOZ modifications) subject to the following conditions-
1. Existing water service for the adjacent building to the north must be relocated or
a private easement would be required for maintenance of the line.
2. Grading & Drainage Plan approval is required prior to issuance of a building
permit, as well as payment of any applicable Storm Water Management Area
Charge, SAC and WAC fees.
3. The property shall be re -platted into one lot through the Platting process.
WHEREAS, on May 27, 2015, the Rochester Planning and Zoning Commission held a
public hearing on this conditional use permit and reviewed the application according to the
requirements of R.C.O. §63.427. At its May 27t" meeting, the Commission recommended denial
of the application based upon a finding that the additional amenities and improvements are not
sufficient to justify deviation from the DPOZ; and,
WHEREAS, this matter came before the Common Council as a public hearing on August 3,
2015. At the August 3rd public hearing, the Common Council permitted all interested persons to
testify and give testimony on the conditional use permit request; and,
WHEREAS, based upon a preponderance and substantial weight of the evidence
submitted at the August 3rd public hearing, the Common Council determines that the Applicant
satisfied the criteria of R.C.O. §§61.146, 63.427 subject to the three conditions of approval
described above.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that Conditional Use Permit (#R2015-014) is in all things approved subject to the three conditions
of approval as described above.
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)
Zone15\CondUseDPOZ.1514
i
MAYOR OF SAID CITY