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Home My WebLink AboutResolution No. 397-130 RESOLUTION WHEREAS, Topel & Sons, Inc., applied for a Type III, Phase II Incentive Development Preliminary Plan (#R2013-015CUP) and Design Modification #R2013-002DM to permit the construction of a four story, 20-unit apartment building with on grade parking on the property. The applicant is also requesting a Design Modification to the usable recreation space. The property is located along the north side of First Street S.W., west of the Zick Apartments, east of Seventh Avenue S.W., and south of the east/west alley between Sixth and Seventh Avenue S.W.; and, WHEREAS, the legal description for the property affected by the application is as follows: The West 99 feet of Lots 8 and 9, Block 9 Wm. McCullough's Addition to Rochester; 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: is Preliminary Development Plan Criteria: A. Suitability of the Area: The proposed site is suitable as the location for an Incentive Development. The property is located among higher density residential buildings and less than one block from the central development core — medical district, which is a major employment center within the city. B. Site Design Criteria: (1) Capacity of Public Facilities: Utilities exist adjacent to this project. The First Street S.W., reconstruction project J7215 is planned for this summer which is a total street, sanitary sewer, storm sewer and water main reconstruction. 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: Not applicable. (3) Natural Features: Not applicable. • (4) Traffic Generation Impact: The proposal will result in a net gain of 14 residential units. The additional units do not exceed the • threshold to warrant a traffic study. (5) Height Impacts: This project proposes 4 floors with a total building height of approximately 52' 2". Shadows created by the building will mostly fall to the north on the existing parking lot located north of the alley. The proposed building will affect the views of some residential units in the Zick Apartments and the Uptown Landing. (6) Setbacks: The provisions for the R-4 district apply. This building will require variances to the setback requirements. (7) Internal Site Design: This project is limited by the size and orientation of the existing property. The proposed building is proposed to have setback to the 1 s Street SW right-of-way similar to the Zick Apartment. (8) Screening and Buffering: Screening and buffering are proposed on the east, west and south sides of the building. (9) Ordinance Requirements: The proposal will need multiple variances and a design modification as noted in this staff report. • (10) Non -Vehicular and Alternate Modes of Travel: The proposed building consists of infill development that provides for reasonable pedestrian access to the major employment centers located in the CBD and St. Mary's Hospital. 0 (11) Properties located in planning area for which a detailed Master Plan has been adopted by the Council. The area is shown for mixed use with the Downtown Rochester Master Plan; and, WHEREAS, based upon section 60.424, subd. 5, the Planning Department recommended the following findings of fact as to the Design Modification application: 1. Being in the urban setting there are other facilities on the area that can serve the residents of the building. The Cascade Creek bike trail is approximately 4 blocks from the development as well as St. Mary's Park. 2. The development includes an outdoor patio space on the east side of the building with special paving, outdoor patio furniture, and a gas grill. The area will also be landscaped with a proposed rain garden to be located north of the patio area. 701 • 3. The units in the proposed building are mostly one bedroom or efficiency units indicating a population that will not include children. Alternative recreation areas exist for the adult tenants in addition to the patios, terraces, and balcony spaces for the individual units and the outdoor patio planned to the area east of the building. WHEREAS, the Planning Department recommended the following conditions of approval if the Incentive Development application were approved: 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 City will not mandate the total reconstruction of the public alley abutting this property concurrent with the redevelopment, provided the owner enters into an agreement with the City to address owner's future • obligations for 1/2 of the cost for future alley reconstruction along the property frontage. The owner shall be responsible to repair and damage that occurs to the alley resulting from construction related activities for the project. 4. The applicant must show how the covered parking can accommodate bicycle parking, and provide the bike parking racks in that location. There must be spaces for a minimum of 2 bicycles and bicycle parking must comply with the regulations of the DPOZ. 5. The condition of existing curb & gutter, and sidewalk abutting the 1st Street SW frontages 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. 6. Execution of a City -Owner Contract is required prior to construction of any onsite and offsite public improvements required for the development. 7. This Property is subject to the following charges/fees applicable to the development that shall be paid prior to obtaining a utility connection permit(s), or, at the City's discretion, within 30 days after invoicing (rates where provided are valid through 7/31/13 and subject to an ENR . adjustment thereafter): 3 11 Sewer Availability Charge (SAC) @ $2,463.30 per developable acre x 0.20 acres = $492.66 Water Availability Charge (WAC) @ $2,463.30 per developable acre x 0.20 acres = $492.66 Plant Investment Fee (PIF) — to be determined and collected through the building permit 8. The applicant shall consult with the City Forester regarding the boulevard trees. Based on the street frontage of the property, three boulevard trees are required. The City Forester will need to determine if the existing boulevard trees satisfy the requirement. 9. 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 facade, and landscaping. As such, the applicant must not deviate from the appearance of the building design, exterior facade and landscaping as originally presented to the Council without the Council's prior approval; and, WHEREAS, on July 10, 2013, the Planning and Zoning Commission held a public hearing Oto consider this matter and, following its public hearing, adopted the Planning Department's recommended findings of fact and recommended the approval of the applications subject to the above ten conditions; and, WHEREAS, on August 5, 2013, the Common Council held a public hearing on the Incentive Development Preliminary Plan (#R2013-015CUP) and Design Modification #R2013- 002DM, and gave all interested persons the opportunity to make presentations and give testimony concerning the application; and, WHEREAS, at the August 5th 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 August 5th public hearing, the Council accepts the Planning and Zoning Commission's recommended findings of fact and conditions of approval. 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 (#R2013-015CUP) and Design Modification (#R2013- 002DM) requested by Topel and Sons, Inc., is.granted subject to the above nine conditions. 0 • • • BE IT FURTHER RESOLVED that the Council waive the final plan review for this project. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS?5-Yh DAY , 2013. PRESIDENT F SAID COMK40N COUNCIL ATTEST: 1 pepwry CITY(Q'LURK APPROVED THIS (Seal of the City of Rochester, Minnesota) Zone10\Incendev.13-015.prelim dm DAY OF �i.__..J") 2013. i 5 MAYOR OF SAID CITY