HomeMy WebLinkAboutResolution No. 079-15• 079-15 F9 and 10
RESOLUTION
WHEREAS, Oliver, LLC, applied for a Type III, Phase II Incentive Development
Preliminary Plan (#R2014-026CUP) to permit the construction of a three-story, 15-unit apartment
building with below grade parking that would occupy the property located along the north side of
First Street S.W., and west of Seventh Avenue S.W. The applicant has also requested a Design
Modification (R2014-007DM) to allow for a reduction in the ordinance requirements for off street
parking, front yard and rear yard setbacks, and recreation area; and,
WHEREAS, the legal description for the property affected by the application is as follows:
The East 42 feet and 10 inches of the North 130 feet of the South 183 feet of
Outlot 8, Cumming's Addition to the City of Rochester, Olmsted County,
Minnesota.
AND
The West 44 feet and 2 inches of the East 87 feet of the North 130 feet of the
South 183 feet of Outlot 8, Cumming's Addition to the City of Rochster, Olmsted
County, Minnesota.
Said tract contains 1.3 acres more or less; and,
WHEREAS, the project is being proposed through the Incentive Development Conditional
Use Permit process because the development exceeds the permitted floor area ratio and density
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 Staff recommended
the following findings of fact as to the Incentive Development application:
Preliminary Development Plan Criteria:
A. Suitability of the Area: Existing land uses and the character of the
neighborhood are transitioning to a mix of apartment buildings to the east
and north with single family dwellings, duplexes, and single-family
dwellings converted to apartments to the west and south. The zoning in
the area ranges from R-2 (Low Density Residential) to R-4 (High Density
Residential) and CDC-RES (Central Development Core Residential). The
Zoning District of the property for this Incentive Development proposal is
R-3 (Medium Density Residential). The proposed apartment is 81 feet
is
• long and 62 feet wide with a hip style roof to match the surrounding multi-
family and residential uses already established in the neighborhood.
B. Site Design Criteria:
(1) Capacity of Public Facilities: The existing water services to the
demolished houses at 801 and 805 1st St SW were abandoned
when the new water main was installed in 2014 and a new 6" DIP
water service stubbed out in the boulevard in front of 805 for this
development. The water service for this building must connect to
the new service noted above and must be shown on the final plan
in an approved location.
(2) Geologic Hazards: Not applicable.
(3) Natural Features: Not applicable.
(4) Traffic Generation Impact: The anticipated traffic generated
by the development will not cause the capacity of adjacent streets
to be exceeded. A traffic study has not been reviewed by the City
Engineer.
(5) Height Impacts: This project proposes three floors with a total
building height of approximately 41 feet. The residential dwellings
to the south and west are mostly two to two and a half story
buildings. To the north is the recently approved multifamily Nicholas
building. The massing of this building will be similar to the character
and recent approvals.
(6) Setbacks: The provisions for the R-3 district apply to the
development. The rear and side yard setbacks are not met,
however, through the Incentive Development process the
Commission and Council may permit a reduction in the rear and
side yard below the standards through a design modification.
(7) Internal Site Design: The building's main entrance is on the
south which is enhanced with abundant amounts of landscaping
and a pedestrian "pocket park". Access to the underground parking
will be on the north side of the building and will be accessed by
driveway along the west side of the building.
(8) Screening and Buffering: Other than the bufferyard on the
west side, the screening and bufferyards proposed are adequate to
protect the privacy of the residents and adjacent property owners
as all of the parking for the development is underground and there
• is no surface parking.
(9) Ordinance Requirements: The proposal will need multiple
variances and design modifications as noted in this staff report.
(10) Non -Vehicular and Alternate Modes of Travel: The proposed
development incorporates pedestrian oriented -space, provides
direct and convenient pedestrian access to the building entrance,
and incorporates bike racks as part of the proposal.
(11) Properties located in planning area for which a detailed Master
Plan has been adopted by the Council. The area is not included
in planning area for which a detailed master plan has been
adopted; and,
WHEREAS, the Planning Department Staff recommended the following conditions of
approval if the Incentive Development application were approved:
1. An application for a Type I Metes and Bounds is required to create one lot
of record.
2. A recorded conveyance for the "C" Bufferyard to the west with the "Kutzky
House" lot that guarantees the protection and maintenance of the
bufferyard for its intended purpose.
3. A recorded access agreement is required for the shared access with the
"Kutzky House" to the west.
4. Further review of the "Kutzky House" to the west as anything other than
the permitted single family dwelling is required and is not part of this
application.
5. A Traffic Impact Study (TIS) may be required as part of the review
process for this development in the City of Rochester pursuant to Section
61.520 of the Rochester Land Development Manual.
6. Air conditioning units are not identified on the elevations, but if there are
individual air conditioning units, the units should not be visible from the
public sidewalk.
7. A new Elevation Plan and Floor Plan is required showing second story
balconies for the second floor apartments on the south side facing 1st
Street SW.
8. Grading and Drainage Plan approval is required.
0
9. This redevelopment may be subject to a Plant Investment Fee (PIF) for
any incremental difference between the existing and proposed water
meter(s) for the domestic service. Applicable PIF fees will be collected
through the Building Permit review and approval process.
10. The proposed building shall meet the minimum requirements of the
Minnesota State Building code. The floor plans indicate some issues with
the exit stairs because the east and west stairways do discharge to the
exterior of the building.
11. Boulevard trees are required for the development at the rate of 1 tree per
35 feet of frontage on 1st Street SW. The owner shall determine if a
payment method or the installation of boulevard trees meets their
obligations for this development.
12. The existing water services to the demolished houses at 801 and 805 1st
St SW were abandoned when the new water main was installed in 2014
and a new 6" DIP water service stubbed out in the boulevard in front of
805 for this development. The water service for this building must connect
to the new service noted above and must be shown on the final plan in an
approved location.
13. The Council's actions in approving this development occur in response to
the applicant's or his/her representative's oral and written representations
as to the appearance of the building design, exterior fagade, and
landscaping. As such, the applicant must not deviate from the appearance
of the building design, exterior fagade and landscaping as originally
presented to the Council without the Council's prior approval; and,
WHEREAS, the Applicant requests a Design Modification for the proposed setback for
the rear and side yard, as well as the off-street parking requirements for a multi -family use.
Based upon R.C.O. §60.424, subd. 8, the Planning Department Staff recommended the
following findings of fact as to the Design Modification applications:
Privacy: The elevation change from the front of the building to the back
will help screen the units from the adjacent properties to the west and
east.
2. Light and air: The building is oriented and laid out in such a way that
adequate light and air are available.
3. Use: The rear yard will not be used for storage of trash or other utilitarian
purposes. The rear yard consists of a drive aisle, handicapped parking,
and a path that leads to a shared outdoor patio area for the residents of
the building;and ,
•
WHEREAS, on January 14, 2015, the Planning and Zoning Commission held a public
hearing to consider this matter and, following its public hearing, recommended denial of the
applications on the basis that the Commission had recommended denial of four requested
variances that were part of this development proposal; and,
WHEREAS, on February 18, 2015, the Common Council held a public hearing on the
Incentive Development Preliminary Plan (#R2014-026CUP) and the Design Modification
(#R2014-007), and gave all interested persons the opportunity to make presentations and give
testimony concerning the application; and,
WHEREAS, at the February 18th public hearing, the Applicant's representative agreed
with all of the Planning Department Staff's recommended conditions of approval except for
conditions #7 and #13; and,
WHEREAS, at the February 18th public hearing, several neighbors appeared and testified
that the proposed development's density exceeded the density permitted by the applicable land
use plan's low density residential designation; and,
WHEREAS, based upon a substantial amount of all of the evidence and testimony
submitted during the February 18th public hearing, the Council accepts the Planning Department
Staff's recommended findings of fact and conditions of approval and adopts them as its own.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that it adopt the Planning Department Staffs findings of fact, and that the Incentive
Development Preliminary Plan (#R2014-026CUP) and the Design Modification (#R2014-007)
requested by Oliver, LLC is granted subject to the above 13 conditions as recommended by the
Planning Department Staff.
9
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 18th DAY OF FEBRUARY 2015,
ATTEST:
CITY CLERK
APPROVED THIS 19th DAY OF FEBRUARY 12015,
Zone 1 5\lncendev. 1 4-026.prelim drn
MAYOR OF SAID CITY