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• RESOLUTION
WHEREAS, Rochester Leased Housing Associates IX, LP requested an amendment to
the Planned Unit Development R101 for Essex Place Apartments that would allow for the
construction of a clubhouse with outdoor pool and a maintenance garage on the property.
Fifteen additional surface parking spaces would also be provided. The property is located along
the north side of 41st Street N.W., and east of Glouster Lane, N.W.; and,
WHEREAS, the City Planning and Zoning Commission, at its October 12, 2011, meeting
reviewed the proposed amendment in light of the criteria provided by section 62.708 of the
Rochester Code of Ordinances and made the following findings of fact:
62.708 Criteria for Type III Developments: In determining whether to
approve, deny, or approve with conditions an application, the Commission and
Council shall be guided by the following criteria:
1) Preliminary Development Plan Criteria:
a) Capacity of Public Facilities: The existing or future planned
utilities in the area are adequate to serve the proposed
development. The existing utilities in the area are adequate to
the serve the proposed additions. RPU-Water has already
• approved the plans for the necessary water system
improvements needed. If extension of public watermain,
and/or the addition of hydrant(s) is required for this project,
then execution of a City-Owner Contract, and dedication of an
applicable public utility easement, will be required prior to
construction.
b) Geologic Hazards: The existence of areas of natural or geologic
hazard, such as unstable slopes, sinkholes, floodplain, etc., have
been identified and the development of these areas has been
taken into account or will be addressed in the Phase II plans. This
site is not known to contain any of the listed geologic hazards.
c) Natural Features: For developments involving new construction,
the arrangement of buildings, paved areas and open space has, to
the extent practical, utilized the existing topography and.existing
desirable vegetation of the site. The proposed location of the
community center currently exists as garage parking spaces
and an area used for storm water management. New parking
spaces are proposed to account for the spaces being removed
to accommodate the building and the storm water
management pond will need to be resized.
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• d) Residential Traffic Impact: When located in a residential area,
the proposed development:
1) Will not cause traffic volumes to exceed planned capacities
on local residential streets;
2) Will not generate frequent truck traffic on local residential
streets;
3) Will not create additional traffic during evening and nighttime
hours on local residential streets;
a) The proposed amendment will not cause traffic
volumes to exceed planned capacities on local
residential streets.
b) This proposal will not generate frequent truck
traffic on local residential street.
c) The proposal will likely not create a substantial
amount of traffic during evening and nighttime
hours on local residential streets since the
• amenities being proposed is only intended to
serve the residents of the complex.
e) Traffic Generation Impact: Anticipated traffic generated by the
development will not cause the capacity of adjacent streets to be
exceeded, and conceptual improvements to reduce the impact of
access points on the traffic flow of adjacent streets have been
identified where needed. The anticipated traffic generated by
the development will not cause the capacity of the adjacent
streets to be exceeded. No new dwelling units are proposed
just amenities to serve the existing residents who live within
the complex.
f) Height Impacts: For developments involving new construction,
the heights and placement of proposed structures are compatible
with the surrounding development. Factors to consider include:
1) Will the structure block sunlight from reaching adjacent
properties during a majority of the day for over four (4)
months out of the year;
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• 2) Will siting of the structure substantially block vistas from the
primary exposures of adjacent residential dwellings created
due to differences in elevation.
The placement of the structures are located in areas
where there is existing garages used by the residents of
the complex and proposing to use a portion of land that
is currently used for storm water management. The
additions are planned to be one story in height
g) Setbacks: For developments involving new construction,
proposed setbacks are related to building height and bulk in a
manner consistent with that required for permitted uses in the
underlying zoning district. Building setbacks are adequate for
the proposed structures based on the single story height
h) Internal Site Design: For developments involving new
construction, the preliminary site layout indicates adequate building
separation and desirable orientation of the buildings to open
spaces, street frontages or other focal points. The building
orientation allows for the installation of an interior trail system
in the center portion of the development that connects to
various points on the property.
i) Screening and Buffering: The conceptual screening and
bufferyards proposed are adequate to protect the privacy of
residents in the development or surrounding residential areas from
the impact of interior traffic circulation and parking areas, utility
areas such as refuse storage, noise or glare exceeding permissible
standards, potential safety hazards, unwanted pedestrian/bicycle
access, or to subdue differences in architecture and bulk between
adjacent land uses. According to the plans submitted, the
community building, swimming pool area, storm water pond
lot, playground area and new landscaping around the
apartment buildings will be heavily landscaped. The area of
parking proposed to be added just to the west of the westerly
access point on 415t Street should have a hedgerow planted
along the south side of the parking spaces to block vehicle
headlights from shining on the residential properties on the
south side of 415t Street NW.
j) Ordinance Requirements: The proposed development includes
adequate amounts of off-street parking and loading areas and, in
the case of new construction, there is adequate landscaped area to
meet ordinance requirements. When the PUD was approved in
• 1990, the plan was approved with 576 parking spaces (2 per
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f
• unit). The proposed amendment doesn't reduce this number
but actually increases it by 5 spaces.
k) General Compatibility: The relationship of the actual
appearance, general density and overall site design of the
proposed development should be compared to the established
pattern of zoning, the character of the surrounding neighborhood
and the existing land forms of the area to determine the general
compatibility of the development with its surroundings. The
proposed development adds amenities for the existing
residents who live at the complex and is compatible with the
development.
1) Non-Vehicular and Alternate Modes of Travel: The proposed
development incorporates pedestrian oriented-space, provides
direct and convenient pedestrian access to the building entrance(s)
from public trails, public sidewalks, and on or off-site parking areas,
incorporates appropriated pedestrian safety features, provides
convenient pedestrian access for transit patrons, or, if appropriate,
access for transit vehicles, and provides adequate bicycle access.
Consideration shall also be given, to providing designated
motorized scooter parking if appropriate to the context of the
• development (the use, location, type of individuals served). As
part of the improvements proposed, a trail system will be
installed through the parcel with the storm water management
pond that will offer convenient access from the apartment
buildings within the complex to the community building; and,
WHEREAS, the Commission recommended approval of the proposed amendment of the
PUD subject to the following conditions:
1. The applicant shall reimburse the City for the maintenance cost occurred
on Outlot A, Essex Estates since 2003.
2. Outlot A and Lot 28 Essex Estates shall be combined as one parcel and
the deeds combined as one deed.
3. The grantee shall execute a City prepared Ownership and Maintenance
Declaration Agreement including access rights for the City to inspect and
maintain the pond if the Owner fails to uphold its obligations.
4. Grading & Drainage Plan approval is required for this project, as well as
payment of any applicable Storm Water Management Area Charge for
any net increase in impervious surface for the proposed project. The
• grading plan shall verify that the pond facility will function properly on a
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. smaller lot.
5. If the extension of public watermain, and/or the addition of hydrant(s) is
required for this project, then execution of a City-Owner Contract, and
dedication of an applicable public utility easement, will be required prior to
construction.
6. A hedgerow meeting the requirements of Section 63.154 of the LDM shall
be planted along the south side the new parking spaces being constructed
just west of the westerly most access point into the development from 41St
Street.
7. The applicant shall execute a Revocable Permit Agreement with the City
to allow the proposed retaining wall and parking stalls over/cross an
existing public watermain.
8. Twenty-eight trees, unless reduced through a Design Modification or
Variance, shall be planted in the boulevard area adjacent to this property.
The applicant shall submit a tree planting plan and request a planting
permit from the City Forester. The boulevard trees shall be installed
concurrent with the construction of the additions.
• 9. The applicant shall petition to vacate the drainage easement on Outlot A,
Essex Estates and shall dedicate a new drainage easement over the new
parcel in which the storm water pond will be located; and,
10. The applicant shall obtain a permit from the Minnesota Department of
Health for the swimming pool; and,
WHEREAS, the Common Council, at its November 7, 2011, meeting, considered the
matter and otherwise concurred with the Commission's findings and recommendation, and
adopted them as its own.
NOW, THEREFORE, BE IT RESOLVED by Common Council of the City of Rochester
that applicant's proposed amendment to the Planned Unit Development for Essex Place
Apartments that would allow for the construction of a clubhouse with outdoor pool, a
maintenance garage on the property and 15 additional surface parking spaces is in all things
approved subject to the above ten conditions.
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• PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS %4OF
.LL /PZ5 , 2011.
SAI CO MON COUNCIL
Prza-rim
ATTEST:
C TY CLERK
APPROVED THIS DAY OF ,U OCMg-59— 12011.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone10\P U D.amendEssexPlaceOl
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