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HomeMy WebLinkAboutResolution No. 126-21 - Conditional Use Permit Incentive Development Preliminary Plan CD2021-009CUP requested by 988 Rochester, LLC RESOLUTION Approving Conditional Use Permit No. CD2021-009CUP By 988 Rochester, LLC for the Development of a Seven Story, 131 Dwelling Unit Multi-Family Building, on a Total of 0.5 Acres Within a CDC-RES Zoning District, Located at the Southwest Corner of 2nd Street SW and 6th Avenue SW. WHEREAS, the project is being proposed through the Incentive Development Conditional Use Permit process because the proposed development exceeds the maximum permitted Floor Area and Density in the base zoning district; and WHEREAS, The proposal is consistent with Comprehensive Plan 2040; and WHEREAS, The Council adopts staff findings as described in the staff report dated May 12, 2021, and finds the proposal meets the regulations in R.C.O. § 62.630 (subd. 2) Conditional Use Permit Incentive Development Preliminary Plan; and WHEREAS, May 12, 2021 the City of Rochester Planning Commission held a public hearing to consider this application, and adopted the findings of fact and recommended approval subject to conditions one through fourteen proposed by the Planning Department and the Planning Commission; and WHEREAS, on June 7, 2021, 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 one through fourteen proposed by the Planning Department and recommended by the Planning and Zoning Commission. 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 below-stated eight conditions of approval. BE IT FURTHER RESOLVED that the City approve Conditional Use Permit Incentive Development Preliminary Plan CD2021-009CUP requested by 988 Rochester, LLC, subject to the conditions of approval shown below. 1. The following information shall be shown on the final development plans with submission of the Final Incentive Development application. a. Compliance with the required landscape area, with the inclusion of the plantings located in the pool deck area. b. 8-foot wide sidewalks on the 6th Avenue frontage. c. 10-foot wide sidewalks on the 2nd Street frontage. d. Balconies must be shows to not encroach into ROW. 1 e. The building sign shall be reduced to better conform with the proposed use, and the permitted signage in the district. f. Revise the density to accurately reflect the density of the development. g. Indicate entire height of building, including roof projection. h. Indicate the number of bicycle parking spaces located in the bike storage area. i. Indicate the area designated for refuse pick-up, and deliveries. j. Additional boulevard trees shall be shown on 6th Avenue, south of the pedestrian entrance. k. The location of a fire hydrant, to the satisfaction of the Fire Department. 2. Community Development recommends that the following features be incorporated into the final development plans, to better align the development with the DMC Design Guidelines, and the Second Street Corridor Plan. a. A minimum of 50% of the first floor on both street frontages shall be articulated with windows, in accordance with the DMC Design Guidelines. nd b. An enhanced pedestrian entrance on 2 Street that incorporates DMC Design nd Guidelines and the 2 Street Corridor Plan. c. A Public Art feature shall be included in the final development plans. d. The addition of pedestrian focal points and pedestrian oriented design in on both street frontages. e. Decorative pavement, excluding pavers, on both street frontages that satisfy the DMC guidelines and the 2nd Street Corridor Plan. th f. Public bike racks 6 Ave SW nd g. Inclusion of pedestrian amenities on 2 Street such as; benches, portable planters or landscape beds. h. The final development plans shall demonstrate how the sustainability goals of the DMC Design Guidelines are incorporated into the development. 3. A photometric plan showing compliance with the R lighting standard shall be provided with the submittal of the Final Incentive Development application. 4. The Final Development Plan application shall include a narrative showing how findings are met, including how the plan meets the goals of the DMC Design Guidelines and the 2nd Street Corridor Plan. 5. A shadow study shall be provided with the Final Incentive Development application. 6. Grading & Drainage Plan approval is required for this project prior to submittal of the final CUP application. 2 7. Revisions are required on the Site & Utility Plan prior to the submission of the Final Incentive Development application to the satisfaction of Rochester Public Utilities. 8. A Traffic Control plan for during construction shall be developed by the developer and approved by the City Traffic Engineer prior to submittal of the final CUP application. 9. Execution of an Individual Site Development Agreement should be required to address Owner’s and City’s obligations regarding items such as improvements to 6th Ave SW, Street scraping, allowed encroachments into public easements / ROW, seasonal maintenance of the alley (snow removal), general improvements to the alley, development related charges, public use of pedestrian orientated spaces outside of the public ROW. 10. The vacation of the alley on the northwest side of the building shall be approved prior to building permit submittal. 11. A Final Plat application is required prior to building permit approval. 12. Execution of a City prepared Revocable Permit Agreement is required for all private encroachments within the public ROW or easements, approved as part of this CUP. The size of the proposed projecting sign exceed current guide lines and should be acknowledged / approved by Council as part of the CUP approval process so that the Revocable Permit Agreement for the signs is a means of memorializing approval of an encroachment, versus being the means for approving the size of the signage. 13. Execution of a City-Owner Contract will be required for all public improvements constructed for this proposed redevelopment, as well as, for reconstruction of any existing public infrastructure within the public ROW or easements. 14. Development charges/fees applicable to the redevelopment of this property shall be paid prior to the issuance of utility connection permits, or at the City’s discretion, within 30 days after. 15. The lease of parking spaces shall be restricted to tenants of the property. 3 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) 4