HomeMy WebLinkAboutResolution No. 045-15• 045-15 F5
RESOLUTION
WHEREAS, IRET Properties ("Applicant") applied for a Type III, Phase II Incentive
Development Preliminary Plan (#R2014-024CUP) to permit the construction of a four-story
building on the property which exceeds the permitted density per acre and floor area ratio
allowed in the R-3 Zoning District. The property is located along the north side of Badger Hills
Drive N.W., west of West Circle Drive, and south of the Northern Hills Golf Course; and,
WHEREAS, the legal description for the properties affected by the application is as
follows:
That part of the Northeast Quarter of the Northwest Quarter of Section 20,
Township 107 North, Range 14 West, Olmsted County, Minnesota, described as
follows:
Beginning at the northeast corner of said Northwest Quarter; thence Westerly
on an assumed azimuth from north of 268 degrees 26 minutes 10 seconds
along the north line of said Northwest Quarter 1318.64 feet to the west line of
• said Northeast Quarter of the Northwest Quarter; thence southerly 179
degrees 41 minutes 20 seconds azimuth along said west line
582.31 feet to the northwest corner of BADGER HILLS THIRD SUBDIVISION,
according to the plat thereof on file and of record in the office of the County
Recorder, in and for said Olmsted County; thence easterly 89 degrees 38
minutes 23 seconds azimuth 329.33 feet along the north line of said BADGER
HILLS THIRD SUBDIVISION; thence easterly 157.94 feet along said north line and
along the north line of BADGER HILLS SUBDIVISION, according to the plat
thereof on file and of record in the office of the County Recorder, in and for said
Olmsted County, on a tangential curve concave southerly, having a radius of
560.00 feet and a central angle of 16 degrees 09 minutes 35 seconds; thence
easterly 10 5 degrees 47 minutes 58 seconds azimuth along said north line,
tangent to said curve, 130.09 feet; thence easterly 716.75 feet along said north
line on a tangential curve concave northerly, having a radius of 1953.00 feet,
a central angle of 21 degrees 01minutes 39 seconds and a chord azimuth of 95
degrees 17 minutes 09 seconds to the east line of said Northwest Quarter;
thence northerly 359 degrees 35 minutes 45 seconds azimuth along said east
line 738.47 feet to the point of beginning.
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That part of the Northeast Quarter of Section 20, Township 107 North,
• Range 14 West, Olmsted County, Minnesota, described as follows:
•
Beginning at the northwest corner of the Northeast Quarter of said Section 20;
thence southerly on an assumed azimuth from north of 179 degrees 35
minutes 45 seconds azimuth along the west line of said Northeast Quarter
575.37 feet; thence northeasterly 70 degrees 08 minutes 16 seconds azimuth
258.28 feet; thence northerly 15.08 feet on a nontangential curve concave
westerly, having a radius of 160.00 feet, a central angle of 05 degrees 23
minutes 56 seconds and a chord azimuth of 357 degrees 57 minutes 59
seconds; thence northerly 167.51 feet on a reverse curve, concave easterly,
having a radius of 280.00 feet, a central angle of 34 degrees 16 minutes 41
seconds and a chord azimuth of 12 degrees 24 minutes 21 seconds; thence
northeasterly 29 degrees 32 minutes 41 seconds azimuth, tangent to said
curve, 111.87 feet; thence northerly 235.27 feet on a tangential curve, concave
westerly, having a radius of 370.00 feet, a central angle of 36 degrees 25
minutes 56 seconds and a chord azimuth of 11 degrees 19 minutes 43 seconds
to the north line of said Northeast Quarter; thence westerly 268 degrees 05
minutes 13 seconds azimuth along said north line 382.71 feet to the point of
beginning.
Said tract contains 23.90 acres, more or less; and,
WHEREAS, the project is being proposed through the Incentive Development Conditional
isuse Permit process because the development exceeds the permitted density per acre and floor
area ratio in the R-3 Zoning District; and,
WHEREAS, R.C.O. §62.630 sets forth the criteria for incentive developments; and,
WHEREAS, based upon section 62.630, the Planning Department recommended the
following findings of fact as to the Incentive Development application:
Preliminary Development Plan Criteria:
A. Suitability of the Area: The proposed site is suitable as the location for
an Incentive Development. The property is designated for medium density
residential uses on the Land Use Plan. There are other multi -family
residential buildings proposed within this area, including what is being
proposed through the current request. The property is in close proximity
to major employment centers within the city.
B. Site Design Criteria:
(1) Capacity of Public Facilities: Utilities exist adjacent to this project.
Some utilities will need to be modified to accommodate this
development. The applicant will need to coordinate these
modifications or improvements with the appropriate agencies.
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(2) Geologic Hazards: There are no known Geologic Hazards on site.
A wetland related application has been approved by the City
(R2013-003). This plan appears to incorporate the approved
wetland plan.
(3) Natural Features: The design of the building allows for the below
grade parking to take access on the high end of the site and the
proposed project utilizes the natural features of the elevation
changes on site. The elevation ranges on site from 1136 in the
northwest corner to 1094 in the southeast corner.
(4) Traffic Generation Impact: The anticipated traffic generated
by the development will not cause the capacity of adjacent streets to
be exceeded.
(5) Height Impacts: This project proposes 4 floors with a total
building height of approximately 51 feet 8 inches. Shadows
created by the building will mostly fall to the east and west onto the
same property and the views of the adjacent residential uses are
over 700 feet away.
• (6) Setbacks: The provisions for the R-3 district apply and the
proposal is well within the required setbacks.
(7) Internal Site Design: Based on the proposed size of the
building, orientation to open spaces, street frontages and focal
points, the internal site design appears to be adequate.
(8) Screening and Buffering: Landscaping for the site will
include street trees, overstory and understory trees. A landscape
buffer is planned along the north property line to screen the
apartments from the adjacent vacant land. A more detailed
Landscape Plan will be required.
(9) Ordinance Requirements: At this point, the ordinance
requirements seem to be met for this proposal.
(10) Non -Vehicular and Alternate Modes of Travel: The proposed
building consists of pedestrian oriented -space, direct and
convenient pedestrian access to most of the buildings entrances,
internal trails, as well as bicycle parking and bike racks.
(11) Properties located in planning area for which a detailed Master
Plan has been adopted by the Council. The Rochester Land
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• Use Plan identifies the area for medium -density residential;a nd,
WHEREAS, the Planning Department recommended the following conditions of approval
if the Incentive Development application were approved:
The final plat needs to be approved and recorded prior to the application for
the final plan.
2. The site plan shows a five foot or ten foot wide concrete sidewalk/trail will
be constructed along the entire frontage of the property. All entrances and
exits from the building should have a connection to this sidewalk and trail
system for adequate public pedestrian facilities to serve the proposed
development.
3. A detailed Landscaping Plan showing the "C" Bufferyard requirements to
the north as well as all planting types proposed on the lot and as part of
the development.
4. Boulevard trees are required for the development at the rate of 1 tree per
35 feet of frontage on Badger Hills Drive NW. A boulevard tree planting
plan shall be approved by the City Forester prior to planting.
5. Grading & Drainage Plan approved may be required for this application.
6. Redevelopment of this property may be subject to a Plant Investment Fee
(PIF) which will be calculated and collected through the Building Permit
review and approval process.
7. An adequate water supply may need to be provided for fire protection
including hydrants properly located and installed in accordance with the
specifications of the Water Division.
8. The Fire Prevention Bureau will need to comment on the location of the
fire hydrants as they relate to protection of this building. Any additional
required fire hydrant along with the connecting main may need to be
shown on the final plan; and,
WHEREAS, on December 10, 2014, the Rochester Planning and Zoning Commission
held a public hearing on this Incentive Development Preliminary Plan, reviewed the application
according to the requirements of section 62.630, adopted the Planning Department's
recommended findings of fact, and recommended approval of the application subject to the
Planning Department's recommended conditions; and,
WHEREAS, on January 21, 2015, the Common Council held a public hearing on the
Incentive Development Preliminary Plan (#R2014-003CUP) and gave all interested persons the
opportunity to make presentations and give testimony concerning the application; and,
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WHEREAS, at the January 21st public hearing, the applicant's representative agreed with
all of the Commission recommended conditions of approval; and,
WHEREAS, based upon all of the evidence and testimony submitted during the January
21st public hearing, the Council accepts the Planning and Zoning Commission's recommended
findings of fact and conditions of approval.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that it adopt the Planning and Zoning Commission's findings of fact and that the
Incentive Development Preliminary Plan (#R2014-024CUP) requested by IRET Properties is
granted subject to the above eight conditions.
BE IT FURTHER RESOLVED that the City waive the Final Plan Review for this
application.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 21st DAY OF JANUARY 2015.
PRESI EN - SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS 22nd DAY OF JANUARY 2015.
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MAYOR OF SAID CITY