HomeMy WebLinkAboutResolution No. 225-14 . 225-14 F5
RESOLUTION
WHEREAS, Gerrard Corporation applied for a Type III, Phase II Incentive Development
Preliminary Plan (#R2014-006CUP) to permit the construction of a four story, 90-unit apartment
building with below grade parking that would occupy the property located along the southeast
side of 8 M2 Avenue N.W., east of Ninth Avenue N.W., and south of Fifth Street N.W., and would
occupy the following properties: 404, 406, 408, 410, 412, and 416 8 '/z Avenue N.W. The
applicant has also requested a Design Modification (R2014-002DM) to allow for a reduction in
the front yard setback (the required setback is 19.60 feet and the proposal is for 10.73 feet), the
rear yard setback, and the bufferyard area; and,
WHEREAS, the legal description for the property affected by the application is as follows:
Lots 7, 8, & 13, KRETER'S REPLAT, according to the plat thereof on file at the
County Recorder's Office, 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-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: The proposed site is suitable as the location for
an Incentive Development. The property is designated for high density
residential uses on the Land Use Plan. There are other multi-family
residential buildings located within neighborhood blocks which are
predominately single family throughout this area, including what is being
replaced through the current proposal. The property is in close proximity
to the central business district and 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.
(2) Geologic Hazards: The property is within the AE Zone of the
FEMA Studied area of Cascade Creek and the current base flood
elevation for that stretch is at 990.4. The regulatory elevation that
applies to this property at this time is 991.4.
(3) Natural Features: The design of the building allows for the below
grade parking to take access on the low end of the site and the
proposed project utilizes the natural features of the slope to
Cascade Creek.
(4) Traffic Generation Impact: The anticipated traffic generated
by the development will not cause the capacity of adjacent streets
to be exceeded. The City Engineer has approved a petition by the
applicant to waive the requirement to prepare a Traffic Impact
Report (TIR).
(5) Height Impacts: This project proposes 4 floors with a total
building height of approximately 50 feet four inches. Shadows
created by the building will mostly fall to the east and west on the
adjacent parkland. The proposed building will affect some of the
• views of adjacent residential dwellings since the bulk and mass of
the proposed building is larger than the existing buildings on the
site.
(6) Setbacks: The provisions for the R-4 district apply. This building
will require Design Modifications to the setback requirements.
(7) Internal Site Design: Based on the proposed size of the
building, variances to the off street parking requirements would be
required.
(8) Screening and Buffering: Landscaping for the site will
include street trees along 8-1/2 Avenue NW and overstory and
understory trees behind the sidewalk. A landscape buffer is
planned along the east property line to screen the apartments from
the adjacent single family house. Both understory and over story
trees are also planned for the park side of the building and for
Kutzky Park as well. The front entrance and the back patio will
include shrubs, ornamental grasses, perennials, and annuals.
(9) Ordinance Requirements: The proposal will need multiple Design
Modifications and a Variance, as noted in this staff report.
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(10) Non-Vehicular and Alternate Modes of Travel: The proposed
building consists of infill development that provides for reasonable
pedestrian and bicycle access to the major employment centers
located in the CBD and St. Mary's Hospital. There are four bus
stops within 1,000 feet of the site.
(11) Properties located in planning area for which a detailed Master
Plan has been adopted by the Council. The Rochester Land
Use Plan identifies the area for high-density residential;a nd,
WHEREAS, the Planning Department recommended the following conditions of approval
if the Incentive Development application were approved:
1. A parcel combination request be filed with the Property Records and
Licensing Department and a copy provided to the Planning Department
showing all related parcels joined as one parcel.
2. Grading & Drainage Plan approval is required for this application.
Execution of a Maintenance Agreement will be required for any required
rate control, quality, volume control facilities that are built to serve this
development. A Storm Water Management Plan Area Charge (SWMPAC)
is applicable for the incremental difference between the percentage of
• existing, and the proposed impervious surface for this property.
3. The site plan shows private features planned within public property
abutting this proposed development project. The applicant will need to
coordinate City approval of a Revocable Permit Agreement through the
Parks Department, to memorialize the terms for private features that may
encroach onto City land.
4. The site plan indicates that a five-foot wide concrete sidewalk will be
constructed along the entire frontage of the Property abutting 8 '/z Ave
NW. To address the need for adequate public pedestrian facilities to serve
the proposed development, the applicant should extend sidewalk northerly
along 8 Y2 Ave NW to connect to the sidewalk along 5th St NW, and
westerly to connect to the existing pedestrian path that extends south
from 8 %Ave NW.
5. Construction of the required concrete curb & gutter and associated storm
sewer along the frontage of 8 % Ave NW abutting the property shall be
completed at the owner's expense, concurrent with this redevelopment,
and through a City-Owner Contract.
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.
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7. The existing street (8 '/z Avenue NW) that fronts the property is 32 feet
wide. No parking restrictions are currently in place. Parking restrictions
may be required to address the lack of 30 required parking spaces for the
project.
8. 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. Hydrants shall be in place prior to
commencing building construction:
A. The minimum fire flow for this sprinklered commercial
development area shall be no less than 3000 gpm at 20 psi;
B. Three hydrants are required for proper water flow;
C. Hydrant spacing shall be an average of 400 feet; and
D. Regardless of the average spacing, fire hydrants shall be
located such that all points on streets and access roads
adjacent to a building are within 225 feet as shown in MSFC
Appendix C: Table C105.1.
9. As proposed, park dedication is not required. However, park dedication will
be required if the property proceeds through a land subdivision process to
create individual parcels.
10. The plan as currently presented impacts the parkland adversely. Work on
the park will not be allowed as currently designed.
11. Boulevard trees are required for the development at the rate of one tree per
35 feet of frontage on 8 Y2 Avenue N.W. A boulevard tree planting plan
shall be approved by the City Forester prior to planting.
12. The Fire Prevention Bureau will need to comment on the location of the
existing fire hydrants as they relate to protection of this building. Any
additional required fire hydrant along with the connecting main must be
shown on the final plan; and,
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: The privacy along the rear property line will not be compromised
because of the proposed reduced setback. Adjacent to the rear property
line is Kutzky Park. Each of the ground floor units will have a patio with
a low brick wall for privacy. The bike trail elevation is also about 8'-
4
0"lower than the level of the private patios.
2. Light and air: The dwelling units facing south will have windows and
doors that will provide adequate light and air. Since the building
orientation has the rear facade facing south, it will ensure that more than
adequate light and air will be available to the dwelling units.
3. Use: This rear yard will not be used as a service yard or for utilitarian
purposes. The brick screen walls around the private patios and the
elevation change down to the trail should screen any potential personal
utilitarian uses by residents.
4. The reduced setback has carefully considered the relationship of the
development to its surroundings. The building massing and facade create
a welcoming, pedestrian-oriented space. The low brick walls add to the
privacy of the residents. This is an urban infill development near
downtown, and space is limited. Therefore, it is important to plan the
spaces as efficiently as possible.
5. The intent of the proposed buffer along the northeast property is to
provide an effective screen to the adjacent single family houses. This
will include five 6'-0" brick columns at 32' on center with a 6-0"wood or
• metal fence panel in between the columns. Additional landscaping is
also provided which would include shrubs, ornamental grasses, and
overstory trees therefore adequate separation and screening will be
achieved; and,
WHEREAS, on May 14, 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, recommended conditions of approval, except for
condition #10, and recommended the approval of the applications subject to the above ten
conditions as amended; and,
WHEREAS, at its May 14th meeting, the Commission amended condition of approval #10
so as to read as follows:
10. The Applicant shall work with the Park Department staff to ensure the
project provides adequate connectivity to the adjacent park and trail system
at both ends and the middle of the development parcel; and,
WHEREAS, on June 2, 2014,t he Common Council held a public hearing on the Incentive
Development Preliminary Plan (#R2014-006CUP) and the Design Modification (#R2014-002),
and gave all interested persons the opportunity to make presentations and give testimony
concerning the application; and,
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WHEREAS, at the June 2"d 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 June 2"d
public hearing, the Council accepts the Planning and Zoning Commission'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 and Zoning Commission's findings of fact, and that the
Incentive Development Preliminary Plan (#R2014-006CUP) and the Design Modification
(#R2014-002) requested by Gerrard Corporation is granted subject to the above 12 conditions
as recommended by the Planning and Zoning Commission.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 2nd DAY OF 1UN.E. , 2014.
PREsi ENT SAID COPd1MON COUNCIL
ATTEST: �-�-
CITY CLERK
APPROVED THIS 3rd DAY OF DUNE _ 2014.
MAYOR OF SAID CITY
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