HomeMy WebLinkAboutResolution No. 410-14 • 410-14 F9
RESOLUTION
WHEREAS, Darlene Drew ("Applicant') applied for a Type III, Phase II Incentive
Development Preliminary Plan (#R2014-019CUP) to permit the construction of a three-story
building consisting of two floors of office space and one floor of residential space. The property
is located at 2400 Country Club Road West; and,
WHEREAS, the legal description for the properties affected by the application is as
follows:
CITY LANDS 107-14-33 and Block 2 of The Aspens; 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 B-5
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 site for the proposed development is 36,619
square feet or .84 acres. There is an existing building on site and there
are other commercial uses less than 1,000 feet from the proposed lot in
which the proposed development is to be constructed.
B. Site Design Criteria:
(1) Capacity of Public Facilities: Utilities are available to serve the
proposed development.
(2) Geologic Hazards: The site is identified to be within the Decorah
Edge overlay, but there are no Decorah Edge characteristics on site
(seeps, wetlands, wet soils, or other features) that prove to be any
concern.
(3) Natural Features: The site has approximately 40 feet in elevation
change from the northwest corner to the southwest corner from 1026
to 1056.
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(4) Traffic Generation Impact: Second Street is a Major Urban
Arterial designed to handle large amounts of traffic. The access
location is nearly the same as the current access which has good
site lines for entering and exiting the site.
(5) Height Impacts: This project proposes a three-story residential
use development above two floors of commercial office space with
a height of 35 feet. The maximum height allowed for residential
uses above ground floor non-residential uses is 35 feet.
(6) Setbacks: All setback requirements are met within the B-5
(Residential Commercial Zoning District at a 15'0" front yard setback
and a 10'0" side and rear yard.
(7) Internal Site Design: There appears to be adequate building
separation to open spaces and street frontages through the use of
landscaping, a roof top patio, and public walks. The building is
oriented towards the north but allows for a large enough site distance
to put the focal point on other natural features rather than the
building.
(8) Screening and Buffering: The applicant is proposing a
• detailed Landscape Plan identifying the existing landscape area that
will be on the site as well as boulevard trees. There will be
landscaping all around the perimeter of the building and along most
of the property lines.
(9) Ordinance Requirements: The development does exceed the
landscape area requirements for the B-5 Zoning District and is
providing enough parking spaces based on the number of
bedrooms and floor area calculations for the business uses.
(10) Non-Vehicular and Alternate Modes of Travel: A sidewalk
connection is provided to the bituminous path along Second Street
S.W., that will connect to the front entrance of the building. Bike
racks will need to be labeled and shown on the site plan on the
north side of the building.
(11) Properties located in planning area for which a detailed Master
Plan has been adopted by the Council. Not applicable;a nd,
WHEREAS, the Planning Department recommended the following conditions of approval
if the Incentive Development application were approved:
1. A Final Plat is required replatting the two parcels into one parcel.
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2. An updated Site Plan is required showing:
A. All outdoor storage containers aesthetically screened by a
permanent fence, wall, or landscape area from adjacent properties
and street rights-of-way;
B. Bike racks on the north side of the building to provide ease of
alternate modes of transportation to the site;
C. Parking stalls to be 17-feet in length with a drive aisle of 25 feet.
3. Elevation drawing details are required showing the proposed building
materials.
4. A detailed Floor Plan showing the layout of the commercial tenant office
spaces and the two bedroom residential use on the third floor.
5. The Fire Prevention Bureau will need to comment on the location of the
existing fire hydrants as they relate to protection of this building. If they
require an additional fire hydrant, it, along with the connecting main and
valve, must be shown on the final plan.
• 6. The properly sized water service must be shown on the final plan.
7. Boulevard trees are required for the development. A Tree Planting Plan
shall be approved by the City Forester.
8. Grading & Drainage Plan approved is required for this application.
9. Execution of a City-Owner Contract and dedication of applicable public
utility easements will be required if the extension of new public
watermain/hydrant is required for this project.
10. Development of this property is subject to a Plant Investment Fee (PIF) that
will be calculated and collected through the Building Permit review and
approval process.
11. The Property has not been charged for or paid for SAC & WAC. The
following obligations are calculated as follows, and are due prior to issuance
of a utility connection permit for the proposed redevelopment:
A. Sewer Availability Charge (SAC) @ $2,738.65 per developable acre
x 0.48 developable acres (0.84 total acres — 0.36 acres slopes >
18%) _ $1,314.55.
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• B. Water Availability Charge (WAC) @ $2,738.65 per developable acre
x 0.48 developable acres (0.84 total acres — 0.36 acres slopes >
18% _ $1,314.55.
12. Any future commercial use, other than an office use for the nonresidential
development portion of this project, would require the applicant to resubmit
a request for an Incentive Development.
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, on August 27, 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 except for conditions#2, #3, and #4; and,
WHEREAS, on September 15, 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 September 15th public hearing, the applicant's representative agreed
with all of the Commission recommended conditions of approval including the proposed deletion
of conditions#2, #3, and #4; and,
WHEREAS, based upon all of the evidence and testimony submitted during the
September 15th public hearing, the Council accepts the Planning and Zoning Commission's
recommended findings of fact and conditions of approval (conditions#1, and #5 -#13).
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 (#R2014-019CUP) requested by Darlene Drew is
granted subject to the above ten conditions (conditions#1, #5-#13).
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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 15th DAY OF SEPTEMBER ,2014.
PRESIDENT C SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS jEt DAY OF SEPTEMBER 2014.
MAYOR OF SAID CITY
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