HomeMy WebLinkAboutResolution No. 151-14 RESOLUTION
WHEREAS, Gus Chafolius/Titan Development ("Applicant") applied for a Type III, Phase
II Incentive Development Preliminary Plan (#R2014-003CUP) to permit the construction of a 24-
story mixed use building consisting of office, retail, restaurants, hotel, apartments, and a public
parking structure. The properties are located along the south side of East Center Street along
the east side of South Broadway, and north of the Broadway Residences and Suites by Bridge
Street; and,
WHEREAS, the legal description for the properties affected by the application is as
follows:
Lot 7, Block 33 (Parcel 743544017933)
North Half of Lot 8, Block 33 (Parcel 743544017935)
South Half of Lot 8, Block 33 (Parcel 743544017934)
North Half of Lot 9, Block 33 (Parcel 743544017937)
South Half of Lot 9, Block 33 (Parcel 743544017936)
All in the Original Plat of the City of Rochester, Section 35, Township 107, Range
• 14; and,
WHEREAS, the project is being proposed through the Incentive Development Conditional
use Permit process because the development exceeds the permitted floor area ratio in the CDC-
CBD 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 proposed use should be compatible with
the existing land uses in the area.
B. Site Design Criteria:
(1) Capacity of Public Facilities: Utilities exist adjacent to this project.
Some utilities will need to be modified (i.e. water and electric) 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: Not applicable.
(3) Natural Features: Not applicable.
(4) Traffic Generation Impact: The applicant will need to work
with the City to resolve issues related to specific development
obligations related to on street parking, the existing alley, and the
proposed parking ramp prior to submitting the Final Development
Plan application.
(5) Height Impacts: This project proposes 24 floors with a total
building height of approximately 315 feet. Due to the unique "U
shape design of this building, shadows will be minimized. The
structure is not expected to destroy views from the primary
exposures of nearby residential dwelling units.
(6) Setbacks: The provisions for the CDC-CBD Zoning District don't
require setbacks. Through the Incentive Development application,
the applicant is requesting to exceed the floor area ratio allowed in
the CDC-CBD.
• (7) Internal Site Design: This project is designed to orient retail
and restaurant uses on the first two floors toward Broadway and
Center Street. The building is setback from the west and south
property lines starting at the third floor to the top of the building.
(a) Screening and Buffering: Residential units are designed to
incorporate private outdoor spaces and individual unit privacy by
incorporating private outdoor spaces and tall windows.
(9) Ordinance Requirements: The applicant will need to submit
revised scaled plans showing compliance with the size
requirements for parking areas and drive aisle within the
underground parking structure once the details of the Public
Parking Ramp are worked out. An application for an Alley Vacation
is also required to vacate the public alley on the east side of the
building. Also, through the Incentive Development application, the
applicant is requesting to exceed the floor area ratio allowed in the
CDC-CBD.
(10) Non-Vehicular and Alternate Modes of Travel: The proposed
development incorporates pedestrian oriented space by having
store front restaurant and retail glass store fronts to allow for a
sense of openness with convenient pedestrian access. This project
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• is proposed within Y4 mile of an existing bus shelter.
(11) Properties located in planning area for which a detailed Master
Plan has been adopted by the Council. The proposed
development is consistent with the Downtown Mater Plan by
incorporating pedestrian oriented amenities like connectivity to the
Skyway system and incorporating a mix of uses like retail,
restaurant, hotel, and living quarters within the building contributing
to a more active downtown; and,
WHEREAS, the Planning Department recommended the following conditions of approval
if the Incentive Development application were approved:
1. The Final Development Plan application shall include:
A. Revised building elevations that identify dimensions, building
materials, colors and type of glass;
B. Additional details for the canopies and awnings, including
materials, colors and elevations;
C. Details for exterior lighting on the building and in the right-of-way;
• D. Additional details for the streetscape, including plantings, materials,
colors and elevations;
E. A sign plan, if signs will be proposed; for the ground floor and
Skyway level tenants;
F. Additional detail for the decks and terraces, including materials,
colors and conformance with the Building Code;
G. Revised building and site plans that identify recessed doors, final
location for the Broadway skyway system, location of the loading
dock, and trash compactor and transformer; and
H. A shadow impact diagram showing any shadowing effects on
adjacent property;
2. The Development is contingent on vacating the alley to the east, therefore
an Alley Vacation petition is required.
3. Revocable Permits will be required for all canopies, overhangs, and any
other infringements over the right-of-way.
4. Grading and Drainage Plan approval is required for this application.
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5. The condition of existing pedestrian facilities, curb & gutter will be
reviewed by Public Works staff and any needed panel repair and or
replacement work shall be completed concurrent with development.
6. Construction / reconstruction of any public infrastructure associated with
this redevelopment will require City approval of a Conditional Use Permit.
7. Redevelopment of this property may be subject to a Plant Investment Fee
(PIF) for any incremental difference between the existing and proposed
water meter for the domestic service. Any applicable PIF will be calculated
and collected through the Building Permit review and approval process.
8. Specific development obligations related to on street parking, the existing
alley, proposed parking ramp, extension and / or relocation of public
utilities, access to public roadways, etc, will be addressed as part of a
Development Assistance Agreement that will be prepared and processed
by City Administration staff.
9. An adequate water supply shall be provided for fire protection including
hydrants properly located and installed in accordance with the
specifications of the Water Division.
• 10. Final Fire Department approval of this project will require full compliance
with the building and fire codes for a mixed residential and commercial
use high-rise building.
11. The applicant shall comply with Section 63.265, subd. 8, related to
Boulevard Tree Requirements.
12. The property shall be re-platted into one lot through the platting process;
and,
WHEREAS, on March 26, 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 12 conditions; and,
WHEREAS, on April 21, 2014, 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,
WHEREAS, at the April 215r public hearing, the Planning Department staff indicated that
revised plans were submitted on April 14, 2014, which satisfied nearly all of condition #1. The
Planning Department staff recommended the amendment of condition #1 to read as follows:
1. The Final Development Plan application shall include additional details for the
streetscape, including plantings, materials, colors, and elevations to add at a
minimum one car length mid-block Curb extension along the north side
approximately located between the west and east lots of the block; and,
WHEREAS, at the April 21 st public hearing, the applicant's representative agreed with all
of the Commission recommended conditions of approval including the proposed amendment of
condition #1; and,
WHEREAS, based upon all of the evidence and testimony submitted during the April 215`
public hearing, the Council accepts the Planning and Zoning Commission's recommended
findings of fact and conditions of approval except for condition #1, which the Council amended.
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 (#R2014-003CUP) requested by Gus Chafolius/Titan
Development is granted subject to the above 12 conditions as amended above.
BE IT FURTHER RESOLVED that the City not waive the Final Plan Review for this
application.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF A , 2014.
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PRESIDENT F SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS � I DAY OF , 2014.
V
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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