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HomeMy WebLinkAboutResolution No. 199-14 i RESOLUTION WHEREAS, Nicholas, LLC, applied for a Type III, Phase II Incentive Development Preliminary Plan (#R2014-004CUP) to permit the construction of a four story, 83-unit apartment building with below grade parking that would occupy the properties located along the south side of West Center Street and addressed as 718, 724, 728, 806, and 810 West Center Street. The applicant has also requested a Design Modification (R2014-001 DM) to allow for a reduction in the rear yard setback (from the required setback of 20.52 to a 16.73 setback) and a reduction in the bufferyard requirement for the west bufferyard (elimination of the four-foot picket fence); and, WHEREAS, the legal description for the property affected by the application is as follows: The east 72.00 feet of the North 140 feet of Outlot 8, CUMMING'S ADDITION TO THE CITY OF ROCHESTER; And Commencing at a point in the south line of Center Street West where the east line of Outlot 8, CUMMING'S ADDITION TO THE CITY OF ROCHESTER, if • extended northward would intersect said south line of Center Street West; running thence west on said south line of Center Street West, 72 feet for a place of beginning; thence South, parallel with the east line of said Outlot 8, a distance of 140 feet; thence West 58 feet; thence North 140 feet to the south line of Center Street West; thence East on said south line of Center Street West 58 feet to the place of beginning; And The west 41 feet of Lot 4, except the south 78 feet thereof and all of Lot 5 except the west 50 feet and except the south 78 feet thereof, all in Block 13, WILLIAM McCULLOUGH'S ADDITION, to the town (now City) of Rochester, according to the plat thereof on file at the County Recorder's Office, Olmsted County, Minnesota; And The west 50 feet of Lot 5, except the south 47 3/ feet thereof, in Block 13, WILLIAM McCULLOUGH'S ADDITION, to the town (now City) of Rochester; And The west 38 feet of Lot 3 except the south 47 % feet thereof, and the east 25 feet of Lot 4 except the south 47 3/ feet thereof, in Block 13, WILLIAM • McCULLOUGH'S ADDITION, to the town (now City) of Rochester. i Said tract contains 1.66 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-4 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: Existing land uses in the area consist of mainly of apartment buildings to the east and single family dwellings to the west, north and south that have mostly been converted into multi-family dwellings ranging from 2 to 11 units per dwelling. The property to the west is a single family dwelling. The zoning in the area ranges from R-2 (low density residential) to R-4 (high density residential) with the zoning of the property of this incentive development being R-3 and R-4. The proposed apartment is 240' 8" feet long which appears to be a massive building • encroaching into the neighborhood. In order to break up the mass of the building, staff recommends that the building be broken up into two buildings with the easterly building being 4 stories and the westerly building being 3 stories with a overall unit count less than the 83 units proposed.. Then the density and height of the development would be less intense as it encroaches into the neighborhood instead of one massive building over 240 feet long and 50 feet in height. B. Site Design Criteria: (1) Capacity of Public Facilities: Utilities exist adjacent to this project. Utilities will need to be modified to accommodate this development. The existing water services to the current homes must be abandoned at the main in the street and the curb boxes removed per the requirements of RPU. (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 the adjacent streets to.be exceeded. The City engineer has waived the need for • a traffic study. 2 (5) Height Impacts: This project proposes 4 floors with a total building height of approximately 50. The residential dwellings to the south and west are mostly 2 to 2 '/2 story buildings. The mass and bulk of the building will be predominant on the block. Shadows created by the building will mostly fall to the north on the existing roadway and the front yard courtyard area. The plan courtyard on the north side of the building will be shaded. The proposed building will affect the views of some residential dwellings in the area. (6) Setbacks: The provisions for the R-4 district apply to the development since the majority zoning of the lot is R-4. The only setback not met is the rear yard; however through the incentive development process the Commission and Council may permit a reduction in the rear yard below the standards through a design modification. (7) Internal Site Design: The building's main entrance is on the north which is enhanced with abundant amounts of landscaping and a pedestrian courtyard will be shaded with the proposed massing and bulk of the building. If the project was redesigned into • two buildings with a courtyard between them, a courtyard on the north side would be able to receive more sunlight. (8) Screening and Buffering: 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 a variance to the parking regulations and design modifications as noted in this staff report. (10) Non-Vehicular and Alternate Modes of Travel: The proposed development incorporates pedestrian oriented-space, provided direct and convenient pedestrian access to the building entrance. (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 recommended the following conditions of approval if the Incentive Development application were approved: • 3 1. Grading & Drainage Plan approval is required, as well as, payment of any applicable Storm Water Management Area Charge for any increase in impervious surface. The owner may be required to provide on-site rate control, and/or public storm sewer to serve the project. 2. The Owner shall execute an Ownership & Maintenance Declaration Agreement for any private on-site rate control facilities that are required for the development. 3. The condition of existing curb & gutter, and sidewalk abutting the West Center Street frontage of the Property will be reviewed by Public Works staff and any needed panel replacement or repair works share be completed by the Owner, at its own expense, concurrent with proposed re-development. 4. Execution of a City-Owner Contract is required prior to construction of any onsite and offsite public improvements required for the development. 5. The French balconies shall be changed to decks with a minimum square footage of 30 sq. ft. • G. The HVAC units must not be visible from the street. 7. 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. 8. The applicant shall provide the Planning Department with the established procedures for the private use by the residents of the shared vehicle on site. Said procedures shall be provided prior to the occupancy of the building. 9. Boulevard trees are required for the development at the rate of 1 tree per 35 feet of frontage on West Center Street. A boulevard tree planting plan shall be approved by the City Forester prior to planting. 10. 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 fapade, and landscaping. As such, the applicant must not deviate from the appearance of the building design, exterior fapade and landscaping as originally presented to the Council without the Council's prior approval; and, • 4 • WHEREAS, based upon R.C.O. §60.424, subd. 8, the Planning Department recommended the following findings of fact as to the Design Modification applications: 1. Privacy: A bufferyard will be planted along the rear property which will help screen the units from the adjacent properties to the south; 2. Light and air: The units facing south will have windows and patio doors that will allow adequate light and air for each unit; 3. Use: The rear yard will not be used for storage of trash or other utilitarian purpose. The rear yard consist of an outdoor patio area for the residents of the building; 4. The amount of plantings proposed along the west property exceeds the minimum number of plantings required and there currently exists a six-foot high fence on a portion of the neighboring property; and, WHEREAS, on April 9, 2014, the Planning and Zoning Commission held a public hearing to consider this matter and, following its public hearing, adopted the Planning Department's recommended findings of fact, except for the finding of fact for "Suitability of the Area," and recommended the approval of the applications subject to the above ten conditions; and, • WHEREAS, the Commission made the following Finding of Fact for "Suitability of the Area": The proposed project is consistent with land uses in the area; and, WHEREAS, on May 5, 2014, the Common Council held a public hearing on the Incentive Development Preliminary Plan (#R2014-004CUP) and the Design Modification (#R2014-001), and gave all interested persons the opportunity to make presentations and give testimony concerning the application; and, WHEREAS, the May 5th public hearing was continued to May 19, 2014; and, WHEREAS, at the May 19th public hearing, the applicant's representative agreed with all of the Commission recommended conditions of approval; and, WHEREAS, at the May 19'h public hearing, the Council made the following Finding of Fact for "Ordinance Requirements": The proposal will need a variance to the parking regulations and design modifications as noted in the staff report. The applicant must comply with R.C.O. §63.435 as to a minimum of seven additional parking spaces; and, • 5 • WHEREAS, at the May 19th public hearing, the Council amended condition #6 so as to read as follows: 6. The HVAC units must be colored the same as the railing; and, WHEREAS, at the May 19`h public hearing, the Council amended condition #10 so as to read as follows: 10. 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. All utilities within the public right-of-way must be placed underground. All of the balconies must be constructed as shown in the site plan except for three balconies that are physically unable to be so constructed; and, WHEREAS, at the May 1gth public hearing, the Council added condition #11 so as to read as follows: 11. The applicant must comply with R.C.O. §63.435 as to a minimum of seven . additional parking spaces; and, WHEREAS, based upon all of the evidence and testimony submitted during the May 5th and May 191" public hearings, the Council accepts the Planning and Zoning Commission's recommended findings of fact and conditions of approval, amends condition #10 as noted above, and adds condition #11 as noted above. 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 (#R2014-004CUP) and the Design Modification (#R2014-001) requested by Nicholas LLC, is granted subject to the above 11 conditions as recommended by the Planning and Zoning Commission as amended by the Council. BE IT FURTHER RESOLVED that the Council waive the Final Plan review phase of this application. 6 PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS DAY O /7 _, 2014. PRESIDENT F SAID C MMON COUNCIL ATTEST: _� .� �,.�--�— CITY CLERK APPROVED THIS DAY OF . Z2 , 2014. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Zone tOkIncendev.14.004.prelim dm 7