HomeMy WebLinkAboutOrdinance No. 4423 - Second Reading: Amend Riverfront Commmons Special District Ordinance
ORDINANCE NO. ________
AN ORDINANCE AMENDING AND REENACTING CHAPTER 64V,
AMENDING AND REENACTING SECTION 60.327 OF THE
ROCHESTER CODE OF ORDINANCES, RELATING TO THE
ESTABLISHMENT OF THE RIVERFRONT COMMONS SPECIAL
DISTRICT.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. Chapter 64V of the Rochester Code of Ordinances is hereby
amended to read as follows:
64V. RIVERFRONT COMMONS SPECIAL DISTRICT
64V .100. PURPOSE. The purpose of this Special District is to provide for
zoning regulations that shall be administered in the RIVERFRONT COMMONS
Special District, as required in section 62.900 of the Rochester Code of Ordinances.
This chapter contains the special regulations of the RIVERFRONT COMMONS
Special District.
64V.150 BOUNDARIES OF THE LAND.
This ordinance shall apply to the following described property located within
the City of Rochester, County of Olmsted, State of Minnesota:
Parcel "A” (North of C.S.A.H. No. 25):
That part of the Southwest Quarter of the Northwest Quarter of Section 11, Township
106 North, Range 14 West, Olmsted County, Minnesota, described as follows:
Commencing at the southwest corner of said Quarter Quarter Section; thence North
89 degrees 26 minutes 57 seconds East, assumed bearing, along the south line
thereof, 471.71 feet; thence North 22 degrees 18 minutes 41 seconds East,142.14
feet to the centerline of C.S.A.H. No. 25 (16th Street SW) for the point of beginning
(the next three courses are along said centerline); thence South 78 degrees 48
minutes 35 seconds East, 250.74 feet; thence easterly 548.41 feet along a tangential
curve, concave northerly, radius of 2831.48 feet, central angle of 11 degrees 05
minutes 50 seconds and the chord of said curve bears South 84 degrees 21 minutes
30 seconds East, 548.41 feet to the east line of said Quarter Quarter Section; thence
North 01 degree 23 minutes 21 seconds West, along said east line, 847.58 feet to the
south line of the north 443.28 feet of the Southwest Quarter of the Northwest Quarter
of said Section 11; thence South 89 degrees 23 minutes 46 seconds West, parallel
with the north line of said Quarter Quarter Section, 294.43 feet; thence South 42
degrees 18 minutes 41 seconds West, 445.12 feet to the point of beginning.
1
Containing 11.23 acres more or less.
Parcel "B" (South of C.S.A.H. No. 25):
That part of the West Half of Section 11, Township 106 North, Range 14 West,
Olmsted County, Minnesota described as follows:
Commencing at the northwest corner of the Southwest Quarter of Section 11; thence
North 89 degrees 26 minutes 57 seconds East, assumed bearing, along the north
line thereof, 450.00 feet for the point of beginning; thence South 01 degree 35
minutes 27 seconds East, parallel with the west line of said Southwest Quarter,
739.06 feet to the centerline of County Road No. 125 (previously S.A.R. "D") (the next
five courses are along said centerline); thence North 69 degrees 06 minutes 56
seconds East, 167.85 feet; thence northeasterly 435.67 feet along a tangential curve,
concave northwesterly radius of 572.96 feet, central angle of 43 degrees 34 minutes
00 seconds and the chord of said curve bears North 47 degrees 19 minutes 56
seconds East, 425.25 feet; thence North 25 degrees 32 minutes 56 seconds East,
tangent to said curve 338.55 feet; thence easterly 218.65 feet along a tangential
curve, concave southeasterly, radius of 198.08 feet, central angle of 63 degrees 14
minutes 53 seconds and the chord of said curve bears North 57 degrees 10 minutes
23 seconds East, 207.72 feet; thence North 88 degrees 53 minutes 23 seconds East,
tangent to said curve, 55.99 feet to the east line of the Southwest Quarter of the
Northwest Quarter of said Section 11; thence North 01 degree 23 minutes 21 seconds
West, along said east line, 0.72 feet to the center of C.S.A.H. No. 25 (16th Street
SW); thence westerly 548.41 feet along said centerline and along a nontangential
curve, concave northerly, radius of 2831.48 feet, central angle of 11 degrees 05
minutes 50 seconds and the chord of said curve bears North 84 degrees 21 minutes
30 seconds West, 548.41 feet; thence North 78 degrees 48 minutes 35 seconds
West, along said centerline and tangent to said curve, 250.74 feet; thence South 22
degrees 18 minutes 41 seconds West, 142.14 feet to the north line of the Southwest
Quarter of said Section 11; thence South 89 degrees 26 minutes 57 seconds West,
along said north line, 21.71 feet to the point of beginning.
Containing 8.90 acres more or less.
64V.200. LEGISLATIVE INTENT AND FINDINGS.
Subdivision 1. RIVERFRONT COMMONS provides a compelling alternative to
single-use zones by offering a dramatically different mixed-use
and environmentally, socially, economically and aesthetically
advanced development design.
Subd. 2. This Special District is established to foster the development of a
comprehensively-planned, pedestrian-oriented neighborhood.
This is accomplished by promoting a mix of land uses, higher
density housing, and by requiring skillful architectural and
landscape design in creating buildings and open spaces. The
site’s location with the Zumbro River along the western boundary
and adjacent to major streets makes this an ideal place to create
2
an infill district that avoids the negative impacts of suburban
sprawl with an efficient, compact, mixed-use land plan.
Subd. 3. This type of development is consistent with the goals and policies
of the City’s Land Use Plan and Housing Plan, which encourages
creating mixed-use, and higher density residential neighborhoods
(at the intersections of major streets).
64V.210. ESTABLISHMENT OF RIVERFRONT COMMONS SPECIAL
DISTRICT.
Subdivision 1.Pursuant to section 62.900 of the Rochester Code of Ordinances,
the Rochester Common Council hereby creates a special zoning
district to be known as the RIVERFRONT COMMONS Special
District ("Special District”). The Special District shall be an
overlay-zoning district designed to encourage the attractive and
innovative development of the Site. The regulations and
guidelines set forth in this Special District shall prevail over the
regulations of the noted underlying zoning district.
Subd. 2. The determination of the need for the creation of this Special
District is based upon the following findings or Land Use
Principles:
A. This Special District is established to foster the development of a
comprehensively-planned, pedestrian-oriented neighborhood.
This is accomplished by promoting a mix of land uses, higher
density housing and by requiring skillful architectural and
landscape design in creating buildings and open spaces. The
site's location, adjacent to the Zumbro River and major streets,
makes this an ideal place to create a neighborhood that avoids
the negative impacts of suburban sprawl with an efficient, mixed-
use land plan.
B. The location of RIVERFRONT COMMONS fits within the City’s
Urban Service Area. RIVERFRONT COMMONS is located on
both the north and south sides of 16th Street SW and west of
Mayowood Road SW. A future signal or roundabout is planned at
the intersection of 16th Street SW and Mayowood Road. All
perimeter streets will have bicycle pedestrian trails adjacent to
them. A City bike trail and property adjacent to the Zumbro River
corridor also form its western boundary and is also adjacent to the
development. City parkland is adjacent to the north property line.
C. A mix of uses within the development creates opportunities for
people to walk and interact. That combined with strong urban and
landscape design creates a sense of place. The size and shape
of RIVERFRONT COMMONS and the location of the buildings
ensures that all destinations are within an easy walk, and that the
3
development functions as a mixed-use neighborhood,
D. RIVERFRONT COMMONS provides open space and connections
to open space to meet the physical and emotional needs of
residents and residents of nearby neighborhoods. It will provide a
good transition from the highly urbanized commercial district
surrounding Apache Mall to the single-family neighborhoods to the
east. It incorporates important neighborhood features such as the
Zumbro River into the design and acknowledges the Stone Barn
nearby. The storm water management and the drainage systems
are incorporated as amenities and are an integral part of the
development.
E. RIVERFRONT COMMONS uses landscaping to accentuate and
integrate the natural and built environments, establish visual
connectivity and community identity and provides environmental
and public health benefits.
F. The quantity, location and design of parking in RIVERFRONT
COMMONS reinforces the pedestrian-friendly nature of the
community and encourages use of alternative modes of
transportation while still accommodating vehicular traffic. The
higher density encourages mass transit service.
64V.220. UNDERLYING DEVELOPMENT STANDARDS. Except
where otherwise specified, standards for the development of this
district shall be based upon the Town Center District, section
62.300, B-1 Commercial District.
64V.230. SUBDISTRICT REGULATIONS.
Subdivision 1,Town Center District.
Subd. 2. Town Center District: The Town Center permitted uses and
appearance control standards shall comply with section 62.310
for the B-1 zoning district unless otherwise provided in this
special district.
A. Site Development Plan and Site Plan Review: The site shall go
through review by the City’s site development plan review
process.
B. Site Standards:
(1) Parking for the transient accommodation facility and
Building B on Lot 2, Block 1, shall be allowed in the front
of the facility and adjacent to the public street frontage of
4
th
16 Street SW in accordance with the Special District
Plan, dated August 17, 2016.
Parking shall be on the side or to the rear of the
commercial uses with regard to the public street frontage.
On-street parking in front or on the side of the lot shall
count toward fulfilling the parking requirements.
(2) Commercial building façade heights shall be based upon
the intended use with consideration given to scale in
respect to the neighboring residential uses adjacent to the
site. Commercial building facades shall not exceed 2
stories in height or 26’ above the building’s primary
entrance level excluding corner entrance and/or corner
signage elements when they are not directly adjacent to
neighboring residential uses.
(3) The allowable building height for transient
accommodations shall not exceed 50 feet measured from
the average finished ground elevation adjacent to the
structure to the top of the parapet wall of the structure.
(4) The Multi-Family Residential building façade shall not
exceed 5 stories or 58’ above the building’s primary
entrance level. Each end of the multi-family residential
building shall be stepped to 4 stories above the primary
entrance level for a minimum of 12’ from the common
exterior wall below to reduce overlooking.
(a) Rooftop community gathering spaces within the
Multi-Family Residential building shall be located
on the west end of the apartment building with a
minimum 400’ setback from the eastern property
boundary and adjacent residential use.
(5) Underground and surface parking shall be allowed.
(6) Minimum building setbacks shall be as follows:
a. Commercial / Office / Retail uses shall provide a
minimum building setback of 40’ from eastern
property line.
b. Multi-Family Residential uses shall provide a
minimum building setback of 65’ from eastern
property line.
5
(a) A min. 30’ wide natural buffer (as measured from the
property line to the canopy edge) shall be established
along the full length of the eastern property line. This
existing area along Parcel A’s eastern boundary shall be
managed for removal of invasive species and specimens
of poor quality. Desirable deciduous overstory trees shall
be maintained that comply with City Forestry guidelines.
Suitable species to be used to provide additional
screening along the perimeters of the site include Valley
Forge and Princeton (disease-resistant) American elm,
hackberry, bur oak, black cherry cranberry bush
viburnum, dogwood, chokeberry, serviceberry, elderberry
and silver maple (Autumn Blaze Maple), in order to blend
in with the native floodplain forest of the Zumbro River.
a. The screening ability of this established buffer along
the eastern property line shall be augmented by the
addition of up to 8 evergreen tree species (Black Hills
Spruce, Colorado Blue Spruce, etc.) per 100 lineal
feet of property line. Exact placement and grouping
shall be determined after the initial grading and
clearing has taken place and before the balance of
the landscaping has been completed on site.
b. The Riverfront Commons property owners shall
annually contract a reputable landscape
maintenance company to proactively manage the 30’
buffer area. The annual buffer management plan
should include the following :
i. An arborist shall be contracted to survey for
Dutch Elm disease annually to provide early
detection of disease and to facilitate the
upcoming year’s maintenance plan.
ii. Control of weed competition around
planted trees.
iii. Mulching and fertilizing of planted trees
to improve vigor and growth rate.
iv. Selective tree removals and pruning to
reduce overstory competition for planted
trees (this should be very selective to
preserve canopy as much as possible).
v. Management of buckthorn and other
invasive species on West side of
fence. It is agreed and understood that
the clearing/spraying of undergrowth
(Buckthorn) etc., is primarily intended to
6
reduce competition with new plantings
on the West side of the buffer fence.
vi. Maintenance on the east side of the
buffer fence is intended to be left as
natural as possible. Removals and
replacements will be done when trees
die naturally. Select trees may be
removed to release newly planted trees
when it can be done with minimal impact
on canopy density.
vii. Riverfront Commons property owners
shall hold a minimum of one meeting
annually with the Stone Barn I & II
representatives, at a time and place
mutually agreeable to both parties in
order to outline the annual buffer
management plan as recommended by
an arborist.
viii. The annual buffer management plan
shall include recommended tree
plantings as needed to replace dead
trees or supplement the buffer, with the
long-term goal of providing a strong
visual screen to the neighborhood. In no
event shall the property owners be
obligated to install more than ten (10)
new trees in any calendar year.
(b) A centrally focused, pedestrian oriented “Town Square”
landscaped area contributes to the Town Center design
concept and helps to reduce the visual impact required
parking areas have. Pedestrian scaled amenities could
include seating areas, sidewalk connections, small
gathering areas, and/or open space.
(c) Sidewalk connectivity throughout the site and between
buildings and exterior amenities is required. Pedestrian
access should be encouraged by providing a system of
sidewalks and paths to navigate through the site
encouraging people to walk and interact.
Subd. 3. Permitted Uses: Permitted uses shall include the following:
A. All Type I uses permitted in the B-1 zoning district with the exception
of the following uses:
7
(1) Manufactured Home Park or sales
(2) Sales and Storage Lots
(3) Parking Facility (as a principle use)
(4) Sand or Gravel Excavation
(5) Auto Center
(6) Trade Shops
(7) Use of Storage Containers
(8) Duplexes
(9) Repair Maintenance Shops
(10) Auto Maintenance Services
Facility
(11) Transportation Service
(12) Appliance Sales
(13) Retail Agriculture
(14) Car Washes
(15) Funeral Homes
(16) Adult Establishments
(17) Tattoo Parlors
(18) Convenience Retail
(19) Bulk Fuel Storage
(20) Vehicle Storage
(21) Junkyard
(22) Kennel
(23) Retail Liquor sales where wine accounts for less than 50% of
annual sales volume.
8
Exception: Retail Liquor sales integral to a grocery store use
shall be allowed.
B. Additional uses permitted in the special district shall be as follows:
(1) Residential- condos at grade or above retail/commercial
(2) Day Care facilities
(3) Drinking and Entertainment
(4) Temporary Uses — art fairs, farmers' market, flea markets,
neighborhood gatherings
Subd. 4. Limitation of Permitted Uses
A. The hours of operation for all uses are 5:00 a.m. until 11:00 p.m. except
for restaurants serving alcohol. The hours of operation for restaurants
serving alcohol are as follows:
Sunday through Wednesday – 12:00 AM Closing
Thursday through Saturday – 12:30 AM Closing
B. The hours of operation of transit accommodations shall be allowed as
permitted in the B-1 Zoning District. The patio area associated with the
restaurant shall close at midnight.
C. Building B, to be located on Lot 2, Block 1, as shown on the Special
District Plan, shall be allowed to have a single lane drive-through.
Other businesses requiring drive-through lanes shall be allowed as
approved by City Planning Department.
All drive-through facilities shall conform to the stacking requirements of
the approved Special District Plan. No more than two drive-through
lanes shall be allowed on Parcel A.
Subd. 5. Lot Development Standards
A. Facilities for refuse disposal and recycling shall be enclosed by solid
fence or walls, and landscaping shall be installed around the perimeter.
B. Utility boxes and water backflow prevention devices shall be located
so they are visually unobtrusive and screened with landscaping as
allowed.
9
C. Buildings shall be oriented to face the interior of the site and the private
interior street with entrances and display windows centrally focused
reinforcing Town Center design principles. Extended awnings,
canopies or large umbrellas shall be permitted and located to provide
shade. A revocable permit shall be required by the City whenever a
canopy or awning extends into the public right-of-way or private street.
Restaurants shall be permitted to operate outdoor cafes on sidewalks,
including areas within the public right-of-way and in courtyards provided
that pedestrian circulation and access to store entrances are not
impaired.
D. Bicycle-locking stands are required in each Town Center area.
One stand, which holds a minimum of six bicycles, shall be provided
for every 20,000 square feet of gross leasable space. These stands
must harmonize with the architecture of the retail area.
E. Street trees are required along the public and private streets at a
minimum spacing of 35 feet on center. These trees shall be planted in
tree grates or planting beds with a minimum size of 30 square feet and
a minimum horizontal dimension of five feet.
F. The amended Special District Plan dated, August 17, 2016, shall allow
the following square footage of uses by building use:
1. Commercial/Retail space on Lot 1, Block 1, shall be a maximum
of 40,000 square feet.
2. Multi-Family use on Lot 3, Block 1, shall have a maximum of 159
residential units.
3. Building B on Lot 2, Block 1, shall be a maximum of 6,000 square
feet and may include an outdoor patio with a single lane drive-
through facility.
4. Transient accommodations on Lot 2, Block 1, shall be allowed
up to 63,000 square feet, not including underground parking
area, and a maximum total number of keys of 107.
5. Transient accommodations on Lot 1, Block 1, shall be allowed
up to 67,120 square feet, not including underground parking
areas, and a maximum total number of keys of 104.
Subd. 6. Parking
Parking requirements for the Town Center District shall use business
A.
10
center parking standards of the Rochester Zoning Ordinance and Land
Development Manual. Otherwise, follow parking requirements for the
use as listed in the B-1 zoning district applies.
1. Consideration shall be given to reducing the overall parking
areas by allowing parking to be shared between uses. Up to
25% of required parking stalls may be shared between uses on
site.
2. Restaurant / Office uses do not require additional adjustment
(Section 62.383) beyond Business Center base parking rates.
B. In commercial or office uses, which have shop fronts adjacent to
sidewalks and private streets, on-street parking directly in front of the
lot shall count toward fulfilling the parking requirement.
C. Parking Lot Screening
(1) All parking areas containing more than six spaces (if not
screened by the building from public roads and not including
angle or perpendicular parking adjacent to public or private
roads) must be screened with a hedgerow, or a three foot high
berm, or a low wall (3.5 feet minimum height).
These landscaped areas must be a minimum of three feet wide
unless grades require a larger width to maintain slopes of 4:1 or
shallower. Where angle or perpendicular parking is adjacent to
these areas, then the minimum width shall be five feet.
Hedgerows shall be planted at a maximum of four feet on center
and shall reach a minimum height of three feet and a maximum
height of six feet.
D. Parking Lot Landscape:
(1) Parking areas containing more than 15 spaces and containing
more than two contiguous or parallel rows of parking shall have
internal landscaping within the parking area equal to at least five
percent of paved area of the lot (including drive aisles and
driveways).
(2) Paved areas do not include sidewalks, patios, or other paved
areas not associated with vehicle parking or circulation. Planting
areas must be distributed throughout the parking areas. They
must have a minimum width of at least eight feet and be at least
100 square feet in area.
(3) At least one canopy tree or two understory trees (minimum size
for canopy trees in 1- 1/2" caliper and minimum size for
11
understory tree is one inch caliper) shall be planted for each
island. The landscape islands shall not be used for snow storage
and any planting must be maintained in a healthy condition and
appearance. These areas may be depressions or rain gardens
to temporarily store rainwater. These areas may contain external
standard lighting fixtures.
(4) The density and approximate location of landscape trees and
shrubs shown on the Special District Plan shall be the basis for
the landscape requirements in this District. This includes the
bufferyard along the eastern side of Parcel A, should the existing
shrub and treed area be disturbed from grading activities,
landscape trees and shrubs shall be re-installed.
E. The RIVERFRONT COMMONS, Property Owner's Association for
Parcel A, shall be responsible for the repair and maintenance of service
drives, parking lots, entry roads, landscaping constructed, and the
maintenance of the existing vegetation and fence on the property.
Subd. 7. Signs
A. Signs should add interest to the street level environment. They can only
unify the overall architectural concept of the building, or provide unique
identity for a commercial space within a larger mixed-use structure.
Signage shall be appropriate for the scale, character and use of the
project and surrounding area. Signs should be oriented and scaled for
both pedestrians on sidewalks and vehicles on streets. The following
sign types are recommended as they satisfy these requirements:
(1) Pedestrian-oriented projecting (blade) and window signs.
(2) Marquee signs and signs on overhead weather protection.
(3) Neon signs complying with the Land Development Manual for
building facade sign.
B. Type B sign standards shall be used for all commercial uses with the
following modifications (General Standards):
(1) Free standing sign- maximum height 15 feet.
(2) Projecting sign — maximum area - 20 square feet, maximum
height — 12 feet.
(3) Graphics sign — maximum area of 10% of wall and may be
painted directly on building facade.
12
(4) Auxiliary sign- maximum height- six feet.
(5) Billboards shall be prohibited.
(6) All wall signage should be compatible with other signs and
architecture.
(7) No digital signs shall be allowed.
C. Type B sign standards shall be used for all commercial uses with the
following modifications (Detailed Standards):
1. Free standing signs
(a) Directional signs:
(1) Maximum three directional signs per tract.
Additional traffic directional signs may be allowed
for the safe and orderly flow of traffic upon the
written approval of the Planning Department staff.
(2) Setbacks shall match the setbacks of the principal
building.
(3) Single-faced signs shall be set parallel to the front
build-to line.
(4) Double-faced signs may have two faces, which are
parallel to each other and set perpendicular to the
front build-to line.
(5) Sign size:
(a) Not to exceed four square feet (measured
from grade at sign location to top of highest
point of sign and from maximum dimension
side to side).
(b) Maximum height not to exceed three feet
(measured from grade at sign
location to top of highest point on sign and
from maximum dimension side to side).
(b) Monument signs:
(1) Maximum one monument sign per building and one
monument sign as an identifier of the development
as a whole.
13
(2) Setbacks shall match the setbacks of the principal
building.
(3) Single-faced signs shall be set parallel to front
build-to line.
(4) Double-faced signs may have two faces, which are
parallel to each other and set perpendicular to front
build-to line.
(5) Sign size:
(1) Not to exceed 36 square feet (measured
from grade at sign location to top of highest
point on sign and from maximum dimension
side to side).
(2) Maximum height not to exceed six feet, six
inches measured from grade at sign location
on top of highest point on sign and from
maximum dimension side to side.
(3) Fill cannot be used or otherwise mound dirt
in order to alter the ground level in order to
attempt to have a sign that stands higher
than permitted herein.
(4) In addition, drive-in merchandising
businesses shall be allowed informational
signage (menu, price, etc) as monument
and/or mounted signs not exceeding 32
square feet in total gross surface area.
(a) The portion of the monument sign
used for changeable copy shall not
exceed 16 square feet.
2. Facade signs
(a) Marquee signs
(1) One marquee sign is permitted for each facade
visible from a dedicated right-of-way or private
street.
14
(2) Marquee signs shall be used primarily to list
tenants and/or occupants of the building to which it
is applied.
(3) Marquee signs shall be aligned with the plane of
the facade.
(4) Marquee signs shall be located at or near
building corners or at the entrance of a building.
(5) Marquee signs shall not obscure or cover transom
windows, any upper floor windows, piers or
architectural features except those specifically
designed to receive signs.
(6) Sign size must not exceed 12 square feet
(measured from the lowest point on sign on top of
highest point on sign and from maximum
dimension side to side).
(7) Projection from facade not to exceed six inches.
(b) Wall signs
(1) One mounted wall sign is allowed for each facade
visible from a dedicated right-of-way or private
street. Saw tooths, projections and short lengths of
wall shall not be considered as a major facade.
(2) Mounted wall signs may be applied to any facade.
(3) Mounted wall signs may not obscure or cover
windows, piers or architectural features except
those specifically designed to receive signs.
(4) Bottom of mounted sign must be a minimum of
seven feet, six inches above the street level.
(5) Sign size:
(a) Ten percent of the wall areas.
(b) Maximum size shall not exceed 120 square
feet.
(c) The portion of the mounted signs used for
15
changeable copy shall not exceed 16 square
feet.
(6) Projection from the facade may not exceed six
inches.
(7) Signs may be painted directly on the building
facade.
(c) Sun Canopy/Awning Signs
(1) Signage may be incorporated onto awnings applied
to any facade.
(2) Size of signage applied to awnings shall be an
additional 10% or 120 square feet, whichever is
smaller.
(3) Lettering and graphics shall be applied flat to
awning skirt or awning face only, and shall not
extend horizontally or vertically beyond it.
(4) Lettering and graphics shall be applied to awnings
located on floors one and two only.
(5) Maximum of one sign per canopy or awning
permitted.
(d) Hanging and Projecting Signs
(1) One hanging or projecting sign is allowed per tenant
per facade.
(2) Hanging signs shall be set perpendicularly to the
facade and hang from a top support.
(3) Projecting signs shall be set perpendicularly to the
facade and are supported at the top, bottom or on
the face of the sign only.
(4) Hanging or projecting signs when used shall be
placed above or near entrances, or in a location
which is consistent with the facade.
(5) Bottom of hanging or projecting signs shall be a
minimum of eight feet above the street level and no
higher than 12 inches above the street level.
16
(6) Hanging or projecting signs may be set on building
corners at 135 degrees to each facade.
(7) Sign face size must not exceed four square feet per
side.
(8) Projection from facade:
(a) Sign and apparatus shall project no greater
than four feet from facade.
(b) Sign and apparatus may extend beyond
building setback line including into the right-of-
way or private street, but no greater than the
closer of four feet or the back of curb.
(e) Window Graphics
(1) Lettering and graphics, when used, shall be
applied to glass only.
(2) The combined total square footage of lettering
and graphics applied to a window shall not
exceed 30% of the clear glass size.
(3) Lettering and graphics shall be applied to
windows on floors one and two only,
(4) Neon signs shall be placed on the inside face of
glass only.
(5) Neon signs are limited to a maximum size of four
square feet.
(6) Neon used within the structure building is not
restricted assuming it is not visible from the
public street frontage.
3. Flags
(a) Permitted flags shall be limited to those of governmental
entities, including nations, states and agencies or the
display of corporate logos.
(b) Flagpoles are allowed on any facade or on the ground.
17
(c) Flagpoles may be parallel or perpendicular, vertical or
set at an angle to the facade.
(d) A maximum of three flags are allowed per building and
shall be located on a single facade.
(e) Bottom of flag shall be a minimum of eight feet above
the adjacent grade/sidewalk.
(I) Height of flagpole shall be no higher than the building it
serves. Maximum height shall not exceed 35 feet.
(g) Projection from facade:
(1) Flag, when extended and apparatus shall project
no greater than six feet from facade.
(2) Flag, when extended, and apparatus may extend
beyond building line including into the right- of-
way or private street but no greater than the
closer of four feet or the back of the curb.
(h) Flag size:
(1) Not to exceed 24 square feet per face.
(2) Maximum height not to exceed five feet.
4. Other Signs
(a) Temporary signs announcing or advertising any
educational, charitable, philanthropic, CIVIC, or
religious event shall be permitted for a period not to
exceed 21 days preceding the event and shall be
removed within five days following the event. The
location of such signs shall be limited to the boundaries
of the property where the event is to take place. Signs
can be two faced each face not more than 32 sq. ft. in
gross surface area, so long as the internal angle between
the two faces does not exceed 60 degrees. A sign permit
from the City is required.
5. Temporary all-weather banners announcing any civic,
educational, charitable, cultural or community event may be
required on designated light standards within the private streets
in or near the location of the event upon written application of the
18
property owner's association for a sign permit. Such banners
shall each be limited to a total gross surface area of six square
feet.
D. Signage associated with Multi-Family residential uses shall meet Type
R sign regulations (Section 63.220) and as follows:
(a) Free Standing Signs:
(1) Directional Signs:
(a) A maximum of four directional signs shall be
allowed. Traffic directional signs will be allowed
for the safe and orderly flow of traffic.
(b) Wherever possible, single-faced signs shall be
set parallel to the front build-to line.
(c) Sign Size:
i. Not to exceed four square feet (measured
from grade at sign location to top of highest
point of sign and maximum dimension side to
side).
ii. Maximum height not to exceed three feet
(measured from grade at sign location to top
of highest point on sign and from maximum
dimension side to side).
(2) Monument Sign:
(a) A maximum of one monument sign shall be
associated with the multi-family building on site.
(b) Sign Size:
i. Not to exceed eighty square feet (measured
from grade at sign location to top of highest
point of sign and maximum dimension side to
side).
ii. Maximum height not to exceed six feet
(measured from grade at sign location to top
of highest point on sign).
iii. Ground-mounted lighting directed at monument
19
signage is permitted so long as it is not
directed or project past the monument sign it
illuminates, or toward the public right-of-way.
(c) Other Signs:
i. Temporary signs announcing or advertising
any educational, charitable, philanthropic,
civic, or religious events shall be permitted for
a period, not to exceed 21 days preceding the
event and shall be removed within five days
following the event. The location of such
signs shall be limited to the boundaries of the
property where the event is to take place.
ii. Temporary all-weather banners announcing
civic, educational, charitable, cultural or
community events, and open houses will be
permitted on the property. Such banners shall
each be limited to 32 square feet of gross
surface.
iii. Building Identification Signage: Each building
shall have a building use sign and street
number on the exterior wall of each structure.
E. Lighted Signs:
1. Lighted signs on Lot 1, Block 1 shall not face the adjacent
residential neighborhood to the east.
Subd. 8. Exterior Lighting. All lighting shall be directed away from on-
site and off-site residential areas. See section 63.213(3).
A. The commercial / office / retail areas of the site shall
conform to exterior lighting standard ‘B’ as defined within
Section 63.210.
B. The residential areas of the site shall conform to exterior
lighting standard ‘R’ as defined within Section 63.210.
C. Illumination shall be controlled in a manner which does not
contribute to light pollution on adjacent property per the
standards identified within this section.
D. Pole-mounted parking lot lighting shall be full cut-off and
20
not contribute to light levels beyond the property boundary.
E. Building-mounted lighting, accent lighting and pedestrian
lighting at sidewalks and walking paths is permitted. These
fixtures are not required to be full cut-off however all
fixtures shall conform to Section 63.210 and the lighting
standards defined within items A thru D of this subdivision.
F. All exterior lighting (pole mounted and wall mounted) on
Lot 1, Block 1 shall be full cut-off as defined in (63.213 (3)
“Luminaires with total cutoff less than 90-degrees”.
Subd. 9. Architectural Standards
A. Standards for all uses:
1. Standards for all buildings.
(a) Orientation of Buildings to Streets: Buildings shall be
oriented so that primary entrances face the interior of the
site and contribute to Town Center Design principles.
Primary entrances shall be defined by scale and design
detail and should be covered.
(b) Street-facing Facade Design: No blank walls are
permitted to face public streets, walkways, or public open
space. Street- facing facades shall incorporate offsets in
the form of projections and/or recesses in the facade
plane at least every 50 feet of facade frontage. Wall
offsets shall have a minimum depth of 2 feet. Patios and
gathering spaces are encouraged and may extend up to
6 feet into the required setbacks. In addition, building
recesses and changes in materials, textures, and/or
colors further add interest and reduce perceived scale.
(c) Four-Sided Design: All sides of the building shall be
designed to provide architectural interest. Building design
shall provide consistent architectural treatment on all
building walls, All sides of a building must display
compatible materials, although decorative elements and
materials may be concentrated on street-facing facades
and main entry facades. All facades shall contain window
openings excluding facades which directly face adjacent
residential uses. Notwithstanding, the transient
accommodation use on Lot 1 Block 1 shall be allowed to
have windows facing adjacent residential uses provided
privacy blinds are installed at each window. Additionally,
exterior materials may include, but are not limited to the
following:
21
• Brick
• Architectural pre-cast concrete
• Cast or natural stone
• Stucco or Exterior Finish and Insulation System
(EIFS)
• Colored and/or decorative concrete masonry units
• Pre-Finished Metal Panel (non-ribbed)
• Tile
• Other high quality architectural materials
(1) Mechanical equipment, electrical and communication
transformers, cabinets and service areas shall be located
out of public view where feasible or screened from public
view with fences, walls or landscaping.
(2) The following standards apply specifically to buildings
consisting of commercial/office/retail uses:
(a) For multi-tenant buildings, a minimum of 50% of the
façade facing the private streets at ground level
must be clear or lightly tinted windows, doors or
other treatment that are sufficiently transparent to
provide pedestrian views into the building.
For individual tenant buildings and retail uses larger
than 15,000 square feet, a minimum of 50% (up to
12’ high) clear glass area shall be required within
50’ of both sides of the main entrance. The balance
of the building facades shall provide a minimum
10% glass area, which may be furnished with
opaque, spandrel glass.
(b) Where buildings face both a public right-of-way and
a private street, the following shall be required on
the facade that faces the public right-of-way and if a
building has a public entry on a private street:
(1) Each use shall have a door with at least 50%
glass;
(2) Each door shall have a canopy or
other overhang with a minimum depth of four
feet; and
(3) For multi-tenant buildings, a minimum of 30%
of the façade facing the street at ground level
must be clear or lightly tinted windows, doors
22
or other treatment that are sufficiently
transparent to provide pedestrian views into
the building.
For individual tenant buildings and retail uses
larger than 15,000 square feet, a minimum of
50% (up to 12’ high) clear glass area shall be
required within 50’ of both sides of the main
entrance. The balance of the building
facades shall provide a minimum 10% glass
area which may be furnished with opaque,
spandrel glass.
(c) Awnings, covered walkway, open colonnades, or
similar weather protection must be provided by at
least 50% of the commercial (retail and service)
uses that front the private streets.
(d) Doorways, windows and other openings in the
facade of a building shall be proportioned to reflect
pedestrian scale and movement, and to encourage
interest at street level.
(e) Extended awnings, canopies or large umbrellas
shall be permitted and encouraged to provide
shade. A revocable permit shall be required by the
City whenever a canopy or awning extends into the
public right of way. Restaurants shall be permitted
to operate outdoor cafes on sidewalks, including
area within the public right of way and in courtyards
provided that pedestrian circulation and access to
store entrances are not permitted.
(5) Surface Parking: Surface parking shall not be located
between a principal building front and the abutting primary
street except for drive/circulation lanes and access lanes.
Surface parking shall be located internal to the site,
convenient to primary building entry points, and
appropriately landscaped.
(6) Accessory Structures: Benches, planters, and landscaping
is encouraged, both at building entrances, and around the
site. Additionally, accessory structures such as gazebos,
arbors, and covered patios are encouraged in limited
application to support pedestrian use and occupancy of the
natural landscape. No accessory structures for storage or
utility purposes are permitted on site.
23
Subd. 10. Open Space. Common Area “Open Space" or “The Commons”
shall be maintained in accordance with either recorded Covenants,
Conditions, and Restrictions for the RIVERFRONT COMMONS site
or restrictions imposed by an association for the property. If Open
Space areas are transferred by the Applicant/owner to another
entity, such transfer document, including any restrictions or
covenants, must be approved by the Common Council.
Subd. 11. Outdoor Storage. No outdoor storage shall be permitted except for
refuse disposal and recycling storage.
A. Where refuse disposal and recycling storage is stored
outdoors, the area shall be fully screened and enclosed
including a landscaped perimeter.
B. Where a loading dock is located within 100’ of an adjacent
residential use, the loading dock area shall be screened
with a wall to match the predominant materials of the
associated building and covered to minimize noise from
and vision into such area.
64V.231 SUBDISTRICT REGULATIONS.
Subdivision 1. Multi-Family Residential District — Parcel B.
Subd. 2. Multi-Family Residential District. The Multi-Family Residential
District permitted uses shall consist of Independent Living,
Assisted Living, and Memory Care Unit. Permitted uses and
appearance control standards shall also comply with Section
62.240 for the R-3 Zoning District, unless regulated in this
Special District.
A. Site Development Plan and Site Plan Review: The site shall go
through review by City’s Site Development Plan review process,
and by an architectural review committee.
B. Site Standards:
1. Surface parking and underground parking shall be allowed.
2. Building Heights: The maximum height allowed in the R-3
regulations shall be varied to allow for a maximum of 62 feet
and four stories above ground.
3. Setbacks:
24
(a) Minimum side and rear setback‹ shall be 35 feet.
(b) Minimum front yard setback shall be 45 feet
4. Building Square Footage: That Special District Exhibit D
illustrates the location and size in gross square footage of
each proposed structure. The plan will allow for a minimum
deviation in square footage of 10%.
C. Permitted Uses shall include the following:
1. All Type I uses permitted in the R-3 District with the exception
of the following:
(a) Single-family attached
(b) Single-family detached
(c) Duplexes
(d) Funeral Homes
(e) Parking facilities
(f) Agricultural operations
2. Additional uses permitted in the Special District shall be as
follows:
(a) Others associated with the principle uses allowed
(b) Medical Facilities — Assisted Living and Memory Care
Facility
D. Lot Development Standards:
1. Facilities for refuse disposal and recycling shall be enclosed
by a solid fence or walls, and landscaping shall be installed
around the perimeter (except in underground parking areas).
2. Utility boxes and water backflow prevention devices shall be
located so they are visually unobtrusive and screened with
landscaping as allowed.
3. Bicycle-locking stands are required for the Independent Living
Facility.
E. Parking:
25
1. Parking requirements shall be as follows:
(a) Independent Living:
Underground Parking: 1.3 stalls per unit = 1.3 x 47 = 62
stalls
(b) Assisted Living:
Surface parking: 0.5 stalls per unit = 0.5 x 100 = 50 stalls
(c) Staff parking for Assisted Living and Memory Care = 10
stalls
2. Parking Lot Screening and Landscaping:
(a) The density and approximate location of landscape trees
and shrubs shown on the Special District Plan shall be the
basis for the landscape requirements in this District.
(b) Shade trees are required around the parking lot perimeter
and access drives outside the traffic visibility zones at a
minimum spacing of 35 feet on center.
All parking areas containing more than six spaces
(if not screened by the building from public roads and not
including angle or perpendicular parking adjacent to
public or private roads) must be screened with a
hedgerow or low wall (3.5 feet minimum height). These
landscaped areas must be a minimum of three feet wide
unless grades require a larger width to maintain slopes of
4:1 or shallower. Where perpendicular parking is adjacent
to these planted areas, then the minimum width shall be
five feet. hedgerows shall be planted at a maximum height
of six feet, minimum height of 3.5 feet, and a maximum
of four feet on center spacing.
(d) At least one canopy tree or two understory trees
(minimum size for canopy trees is 1-1/2” caliper and
minimum size for understory trees is one inch caliper)
shall be planted for each island. The landscape islands
shall not be used for snow storage and any planting must
be maintained in a healthy condition and appearance.
These areas may be depressions or rain gardens to
temporarily store rainwater. These areas may contain
external standard lighting fixtures.
26
(e) The existing brushy area along Parcel B’s northern
perimeter shall be managed for removal of invasive and
other species of poor quality. These species include
Siberian elm, common buckthorn, ash, and common
varieties of other elm species, Desirable deciduous
overstory trees shall be maintained that comply with City
Forestry guidelines. Suitable species to be used to
provide screening along the northern and western
perimeter of the site include Valley Forge and Princeton
(disease-resistant) American elm, hackberry, bur oak,
black cherry cranberry bush viburnum, dogwood,
chokeberry, serviceberry, elderberry and silver maple
(Autumn Blaze Maple), in order to blend in with the native
floodplain forest of the Zumbro River.
3. The Riverfront Commons Property Owners Association for
Parcel B shall be responsible for the repair and maintenance
of service drives, parking lots, entry roads, and landscaping
and open space areas on the property.
F. Signs:
1. Signage for the site shall be permitted as follows:
2. Free Standing Signs:
(a) Directional Signs:
(1) A maximum of four directional signs shall be allowed.
Traffic directional signs will be allowed for the safe
and orderly flow of traffic.
(2) Wherever possible, single-faced signs shall be set
parallel to the front build-to line.
(3) Sign Size:
(a) Not to exceed four square feet (measured from
grade at sign location to top of highest point of
sign and turn maximum dimension side to side).
(b) Maximum height not to exceed three feet
(measured from grade at sign location to top of
highest point on sign and from maximum
dimension side to side).
27
(b) Monument Signs:
(1) A maximum of four monument signs in the
appropriate locations as shown on the Special
District Exhibit attached as Exhibit “D"
(2) Sign Size:
(a) Not to exceed eighty square feet
\[measured from grade at sign location to top of
highest point of sign and turn maximum
dimension side to side\] for monument signage
located at main entrance. Monument signs
located along street SW shall not exceed
16th
one hundred square feet (measured from grade
at sign location to top of highest point on sign
and from maximum dimension side to side).
(b) Maximum height not to exceed six feet
(measured from grade at sign location to top of
highest point on sign and from maximum
dimension side to side).
(c) Ground-mounted lighting directed at monument
signage is also permitted so long as it is not
directed or project past the monument sign it
illuminates, or toward the public right-of-way.
(3) Other Signs:
(a) Temporary signs announcing or advertising any
educational, charitable, philanthropic, civic, or
religious events shall be permitted for a period,
not to exceed 21 days preceding the event and
shall be removed within five days following the
event. The location of such signs shall be limited
to the boundaries of the property where the
event is to take place.
(b) Temporary all-weather banners announcing any
civic, educational, charitable, cultural or
community events, and open houses will be
permitted on the property. Such banners shall
each be limited to 32 square feet of gross
surface.
28
(c) Building Identification Signage: Each building
shall have a building use sign and street number
on the exterior wall of each structure.
G. Exterior Lighting:
Pole-mounted parking lot lighting shall be full cut-off and not
contribute to light levels beyond the property boundary. Building-
mounted lighting, accent lighting and pedestrian lighting at
sidewalks and walking paths is permitted. These fixtures are not
required to be full cut-off. (Refer to Section 63.213 (3) of the Land
Development Manual.)
H. Architectural Standards:
1. Standards for all buildings.
(a) Orientation of Buildings to Streets: Buildings shall be
oriented so that primary entrances face the interior of the
site. Primary entrances shall be defined by scale and
design detail and should be covered. Street-facing
Facade Design: No blank walls are permitted to face
public streets, walkways, or public open space. Street-
facing facades shall incorporate offsets in the form of
projections and/or recesses in the facade plane at least
every 40 feet of facade frontage. Wall offsets shall have
a minimum depth of 2 feet. Open porches and balconies
are encouraged on building fronts and may extend up to
6 feet into the required setbacks. In addition, at least two
of the following design features shall be applied on all
street-facing facades to create visual interest:
• Dormer windows or cupolas
• building recesses
• Fireplace chimney structures
• Covered porches, balconies or stoops
• Bay windows with a clear projection from the facade
plane
• Eaves with a minimum 12 inch projection from the
facade plane; or
• Changes in materials, textures, or colors
(b) Four-Sided Design: All sides of the building shall be
designed to provide architectural interest. Building design
shall provide consistent architectural treatment on all
building walls, All sides of a building must display
compatible materials, although decorative elements and
materials may be concentrated on street-facing facades
29
and main entry facades. All facades shall contain window
openings. Additionally, exterior materials may include, but
are not limited to the following:
• Brick
• Architectural pre-cast concrete
• Cast or natural stone
• Stucco or Exterior Finish and Insulation System
(EIFS)
• Colored and/or decorative concrete masonry units
(c) Mechanical equipment, electrical and communication
transformers, cabinets and service areas shall be located
out of public view where feasible or screened from public
view with fences, walls or landscaping.
(a) Surface Parking: Surface parking shall not be located
between a principal building front and the abutting
primary street except for drive/circulation lanes and
access lanes. Surface parking shall be located internal to
the site, convenient to primary building entry points, and
appropriately landscaped.
(b) Accessory Structures: Benches, planters, and
landscaping is encouraged, both at building entrances,
and around the site. Additionally, accessory structures
such as gazebos, arbors, and enclosed porches are
encouraged in limited application to support pedestrian
use and occupancy of the natural landscape. No
accessory structures for storage or utility purposes are
permitted on site.
I. Outdoor Storage:
No outdoor storage shall be permitted.
64V.300 BOUNDARIES.
The regulations established herein shall apply to the land described in section
64V.100 and shall be designated "SD" on the zoning map.
64V.400 EXHIBITS
The following documents shall be submitted with the Special District application
and included as exhibits of this Ordinance:
30
A. RIVERFRONT COMMONS General Development Plan, Exhibit C.
B. Special District Plan, Exhibit A, Example Site Layout, Multiple Tenant
Scheme for Parcel A
C. Special District Plan, Exhibit B, Example Site Layout, Single Tenant
Scheme for Parcel A
D. Special District Plan, Exhibit D, Alternate Layout for Parcel B
E. Special District Plan, Exhibit E, Plan for Lot 2, Block 1, Parcel A
F. Special District Plan, Exhibit F, Plan for Lot 1, Block 1, Parcel A
64V.500 GENERAL DEVELOPMENT PLAN AND GUIDE FOR
DEVELOPMENT.
The RIVERFRONT COMMONS General Development Plan, following Special
District approval and a rezoning of the area to Special District, together with
the attached Exhibits A, B, C, D, E, and F are, in combination, recognized as
the guide for the development of the Special District.
64V.600 EFFECTS OF REGULATIONS
The General Development Plan and Final Plat together with the conditions and
restrictions imposed, if any, shall govern the use and development of the land.
In the event there should be a discrepancy or conflict in the language within
previous Special District Ordinances, the language applicable to 64V.231 shall
govern.
64V.700 EXTENSION OF SPECIAL DISTRICT
An amendment to the Special District may be initiated by the owner of
contiguous undeveloped property or by the City of Rochester. The amendment
must support the intent of this Special District. A petition to extend said district
shall be accompanied by a General Development Plan application and
additional submittals consistent with this chapter.
64V. 800 PROCEDURES
DEVELOPMENT
Subdivision 1. Except as herein described, development procedures for
property within the Special District shall be consistent with the
requirements of the Rochester Code of Ordinances. Additional
plans and information shall be submitted, as necessary, for
development within the Special District, as outlined below. If
determined necessary by the Zoning Administrator, additional
plans or information necessary for development approvals shall
also be submitted. A site development plan for uses in the Town
Center and Multi-Family Residential District shall be prepared
and submitted for review in accordance with the standard
31
requirements of the existing Zoning Ordinance and Land
Development Manual for the City of Rochester. The City
Planning Department will conduct a site plan review without a
public hearing for uses within the Town Center and Multi-Family
Residential District to determine whether the plans are
consistent with the overall architectural standards and character
of this Special District. Proposed uses in the Town Center and
Multi-Family Residential District shall be reviewed in terms of the
extent to which they comply with standards of this district
established for architecture, signage, parking and landscaping.
Subd. 2. Final Plat Application. Final plat applications within the Special
District shall include plans and information consistent with the
requirements of the Rochester Code of Ordinances and shall be
submitted at least three weeks prior to the City Council
meeting at which they will be considered. If requested by the
Zoning Administrator, additional information needed in order to
judge the nature and propriety of the proposal shall also be
submitted.
Subd. 3. Zoning Certificate and Building Permit. Applications for
building permits and zoning certificates within the Special District
shall include submission of building locations and plans for
compliance with this Special District's intent as outlined in the
covenants submitted with the final plat.
Subd. 4. Staff Authorized Changes to the Special District: Staff
authorized changes may be permitted in accordance with the
standards set forth in section 61.148. Changes that exceed the
standards of section 61.148 will be subject to approval by a
Type III, Phase II procedure.
64V.900. RESCINDING APPROVAL.
Subdivision 1. After six years from the date of approval of the Special District,
the Council may, following a public hearing, rescind approval of
this Special District upon finding that no progress has been
made in the construction of the development,
Subd. 2. Section 60.327 of the Rochester Code of Ordinance is
amended and reenacted to read as follows:
60.237 SPECIAL DISTRICTS: Existing Special Districts approved by
Ordinance numbers 3443, 3404, 2726, 2516, 2247, 3385, 3468, 3497, 3503, 3520,
32
3534, 3604, 3615, 3691, 3730,3814, 3889, 3919 and 4199 are recognized as
separate zoning districts and the plans and procedures established for each
Special District will continue in force. When a Special District Ordinance does not
specify the procedure or criteria to amend an approved site/development plan, the
proposed amendment will be reviewed under section 61.148. When a Special
District requires a specific site/development plan review process, but does not
specify the criteria by which to review the site/development plan, the development
will be reviewed under section 61.148. When a Special District Ordinance requires
a two phase review, the development will be reviewed under section 61.146 and
either section 62.708 (1) (for preliminary plans) or Section 62.70B (2) (for final
plans).
Subd. 3. This Ordinance shall become effective on and after the date of
its publication.
33
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2021.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2021.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord20/64V.Riverfront.Amend.docx
34