HomeMy WebLinkAboutResolution No. 161-10 ....
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RESOLUTION
WHEREAS, Rochester Lodging Group, LLC, applied for a Type III, Phase II Incentive
Development Preliminary Plan (#R2009-031 CUP) to permit the construction of a four-story, 85-
room hotel with underground parking, a single story 8,320 square foot retail building and a 2,600
square foot restaurant on the property. The property is located along the north side of Second
Street S.W., between the east frontage road of TH 52 and 16t" Avenue S.W.; and,
WHEREAS, R.C.O. §62.630 sets forth the criteria for incentive developments; and,
WHEREAS, based upon and in response to the criteria listed in section 62.630, the
Planning and Zoning Department recommended the following findings of fact:
Preliminary Development Plan Criteria:
A. Suitability of the Area: The proposed site is suitable as the location for a
commercial Incentive Development. This site has been in various
commercial uses for decades and is consistent with the Land Use Plan. It
is located on a major commercial street adjacent to TH 52 and is
• separated from the Kutzky Park neighborhood by an Arterial street serving
the adjacent commercial and residential areas. The proposal is a
redevelopment of a site that is currently served by public facilities. The
question of suitability is not to the proposed uses but to the placement of
buildings within the development.
B. Site Design Criteria:
(1) Capacity of Public Facilities: Utilities are already available to this
site.
(2) Geologic Hazards: Not applicable.
(3) Natural Features: Not applicable.
(4) Traffic Generation Impact: Increased trip generation will occur due
to this proposal but not inconsistent with existing designation of the
zoning district and of the main access streets as Arterial streets.
The site is currently served by four commercial streets, two of
which are Arterial streets.
(5) Height Impacts: The design of the buildings including the
• underground parking allow the buildings to be kept to a height that
is compatible in scale with the adjacent commercial buildings and
hotels along 2nd St., SW. The building will not cast unacceptable
shadows that affect the residential neighborhood to the east as the
hotel is located on the west side of the site.
(6) Setbacks: The proposed retail and restaurant buildings meet or
exceed the setback requirements for the B-4 district. A variance is
proposed for the hotel.
(7) Internal Site Design: The landscape area allows for landscaping
to screen the parking area and to improve the building facade
facing all of the streets including the facade facing the Kutzky Park
neighborhood.
(8) Screening and Buffering: The project provides limited space for
landscaping where the parking lot abuts the sidewalks along 1st
and 2nd St., SW. The landscape space will allow for foundation
plantings around the restaurant and hotel. However, space for
landscaping around the retail building is available only on the north
and east sides of the building. Other landscaping will be
necessary. Bufferyards are not required for this development.
(9) Ordinance Requirements: The site may provide for more than the
minimum landscape area and plant material, and related public
• amenities. A variance to the, building setback, and driveway access
standards is proposed. A Design Modification for height is
proposed. The applicant has provided locations for freestanding
signs, however the information is not adequate to determine
compliance with the ordinance. The applicant should consider the
use of a landscaped monument sign at the corner of the frontage
road and 2"d St., SW. (The signs proposed will need to meet the
minimum requirements of Section 63.227.) Although the proposed
1st St improvements are not addressed in the variance to the
parking standard and not required by the ordinance, the proposed
street improvements provide efficient use of existing public right of
way and include pedestrian amenities in the form of a wider
boulevard for a portion of the block, and bike lanes are proposed
along each side of the street. The applicant proposes to provide
141 parking spaces 4 more than required by the ordinance based
on the floor area and hotel room number provided by the applicant.
(10) Non-Vehicular and Alternate Modes of Travel: The proposal
includes a patio serving the restaurant in the southeast corner of
the development, and sidewalk connections from all three buildings
to the sidewalks along 1st and 2"d St's and 16th Ave.. An on-street
segment of the bikeway system is shown on the site plan for 1st St.
• This proposal includes bike parking locations adjacent to the retail
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building and restaurant that will need to meet the standards of
• 63.273. A variance is required for this site proposal to cover the
on-site sidewalk width requirement of 63.273.
Final Development Plan Criteria (not covered by the preliminary plan criteria):
C. Access Effect: The access sites have been amended to meet the
request of the Public Works department. If a variance is granted to the
access on 16th Ave. with the condition requested by the Public Works
Department access will be adequate.
D. Pedestrian Circulation: The sidewalk connections allow for direct
movement of pedestrians from the proposed buildings to the public
sidewalks along 1st and 2"d St. and 16th Ave and the frontage road. A
transit stop with shelter is provided along 16th Ave north of 1st St.
E. Foundation and Site Plantings: No landscape plan has been submitted
at this time.
F. Site Status: A cross parking easement is required for this development
and is a condition of approval. Platting activities have been completed. A
Development Agreement must be completed and approved by the city
• prior to the issuance of permits.
G. Final Building Design: A final building design has been submitted for
each of the three buildings. One of the conditions for approval requires
that the building designs not be changed unless approved by through an
amendment to the Incentive Development.
I. Internal Circulation Areas: The site plan has been reviewed and it meets
the minimum requirements of the zoning ordinance standards for parking
and circulation.
WHEREAS, the Planning and Zoning Department recommended approval subject to the
following conditions:
1. There are inadequate on and off site public facilities, specifically Public
Roadways, Sanitary Sewer, Water, and Storm Water Management
Facilities, necessary to accommodate the development of this Property.
No development will be allowed to occur until the City Council has
determined that all required public facilities are adequate for said
development.
Alternatively, the developer may request to join with the City in making
• these inadequate public facilities adequate for this development, and may
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enter into-a Development Agreement, prior to obtaining permits/approvals
• for individual lot development, that outlines the Developer's and City's
obligations related, but not limited to: access, stormwater management
(including any obligations for off-site facilities), transportation
improvements (including any off-site improvements necessary to
accommodate this development), pedestrian facilities, contributions for
existing & future public infrastructure, and the extension of public utilities
to abutting properties where applicable.
2. Construction of Pedestrian . Facilities are required concurrent with
development along the entire frontages of 1st St SW and 16th Ave., SW,
including a connection of pedestrian facilities on 1st St SW to the existing
facilities along the East Frontage Road. The obligations regarding
payment to the City for previously constructed pedestrian facilities along
the frontage of 2nd St SW and the East Frontage Road will be addressed
in the Development Agreement.
3. Grading and Drainage Plan approval is required, as well as, payment of
any applicable Storm Water management Area Charge for any increase in
impervious surface.
4. Private Cross Access easements must be dedicated to provide permanent
pedestrian and vehicular access to all proposed uses within this
• development. The easements shall be recorded.
5. All accesses to this development shall be constructed as standard Type
`A' approaches.
6. A landscape plan, prepared by a Landscape Architect, should be
prepared and submitted for City review and approval for the public space
areas south and west of the hotel building. A Maintenance Agreement
with the City will also be required for this area and be addressed in the
Development Agreement.
7. Execution of a City-Owner contract and a Development Agreement is
required prior to issuance of any building permit/zoning certificate.
8. The applicant/Owner is obligated to reconstruct curb and gutter and street
along 16th Ave., SW consistent with the proposed Complete Streets Cross
Section providing a bike lane along the westerly ROW.
9. The proposed access from 16th Ave SW does not meet access spacing
standards and modifications to the site plan will be required. The details of
what conditional access will be allowed from 16th Ave SW will be
addressed in the Development Agreement, but it is anticipated that
• access will be limited to right-in & right-out with a median in 16th Ave SW.
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• 10. -The water service line to the buildings must be shown on the plan.
11. The Fire Prevention Bureau requires two additional on-site fire hydrants
(one by the hotel and one by the retail/restaurant buildings). The hydrants
along with the main and valves must be shown on the plan and the
following items addressed:
A. Final water main construction plans with profiles need to be
prepared by a civil engineer, approved by us and conform to
standard City of Rochester requirements; and,
B. Water mains connecting to and including any fire hydrants are
considered public and need to be within a 20' minimum public utility
easement.
12. The buildings will need to be constructed as shown on the elevation
drawings. The applicant agrees that no deviation to the appearance of
the building design, exterior facades, landscaping or streetscape will
occur, from the plans approved by the City Council.
13. Signage for this business center shall comply with the requirements of
Section 63.227. The building facades provide adequate surface area and
• height for signage therefore the freestanding signs are an unnecessary
duplication. The proposed freestanding signs should be removed from
the site plan and not permitted. A monument sign shall be permitted at
each entrance, or at the southeast and southwest corners of the property
and'the north entrance to/from 1st St. A design for the monument signs
should be submitted for review under this Incentive Development.
14. A detailed landscape plan shall be submitted as a part of the Final Plan
submittal material. Additional canopy trees and landscaping will be
necessary to screen the lot and to frame the corridor at this entry area.
Shrubs and understory trees should make up a significant part of the
landscaping on the properties to screen the parking lot, provide shade for
pedestrians, decorative paving, and to provide foundation plantings
around the buildings.
15. Move the trash enclosure located west of the restaurant building.
Combine the retail and hotel trash enclosures or relocate the enclosure to
an area of the site near 1st St., SW. If this is not possible the applicant
shall submit a design for the enclosure that is similar to the building
fagade of the restaurant; and,
WHEREAS, the Planning and Zoning Commission held a public hearing on March 24,
�010, to consider Incentive Development Preliminary Plan #R2009-031 CUP. After giving all
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interested persons the opportunity to make presentations and to give testimony concerning the
•application, the Commission recommended the denial of the application on the basis that it failed
to comply with all of the provisions of section 62.630. Specifically, the Commission determined
that: (a) the proposed use was not compatible with the existing land uses in the area or the
pattern of zoning within 1,000 feet of the property boundaries; (b) the proposed use was not
accompanied by a landscape plan; (c) the proposed use failed to screen or buffer the parking
area; and (d) the proposed use failed to comply with the ordinance requirement as to ten-foot
wide sidewalks; and,
WHEREAS, on April 14, 2010, the Planning Department submitted a revised staff report
and amended condition #14 so as to read as follow:
14. The landscaping shown on the proposed landscape plan will need to be
installed as shown on the landscape plan dated April 14, 2010; and,
WHEREAS, the Common Council held a public hearing on April 19, 2010, to consider
Incentive Development Preliminary Plan #R2009-031CUP, and gave all interested persons the
opportunity to make presentations and give testimony concerning the application; and,
WHEREAS, at the April 19th public hearing, the applicant's representative agreed with all
of the Planning Department's recommended conditions of approval except for conditions #9 and
#12; and,
WHEREAS, at the April 19th public hearing, the Council amended condition #9 and
Ocondition #12 so as to read as follows:
9. The proposed access from 16th Ave SW does not meet access spacing
standards. Prior to the issuance of Building Permits, the applicant agrees
to submit a site plan that reflects how internal circulation will be managed
if the access to 16th Ave., SW is modified to a right-in and out in the
future. A development agreement will address at what point traffic
increases will trigger the requirement for a median. The details of what
conditional access will be allowed from 16th Ave SW will be addressed in
the Development Agreement, but it is anticipated that access will be
limited to right-in & right-out with a median in 16th Ave SW;
12. The buildings will need to be constructed as shown on the elevation
drawings. The applicant agrees that no major deviation to the
appearance of the building design, exterior facades, landscaping or
streetscape will occur, from the plans approved by the City Council; and,
WHEREAS, the applicant's representative agreed with all of the Planning Department's
conditions of approval as amended above; and,
WHEREAS, based upon all of the evidence and testimony submitted during the April 19th
�ublic hearing, the Council accepts the Planning and Zoning Department's recommended
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findings of fact and conditions of approval as amended above (conditions #9, #12 and #14).
• 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 Incentive
Development Preliminary Plan (#R2:009-031 CUP) requested by Rochester Lodging Group, LLC,
is granted subject to the above 15 conditions as amended above.
BE IT FURTHER RESOLVED that the Council grant the Design Modification allowing the
proposed hotel height to be 55'6" to.the top of the parapet wall.
BE IT FURTHER RESOLVED that the Council waive the final plan review for this
development project based upon the following Planning and Zoning Department's findings: (a)
The site plan and information required to meet zoning ordinance standards has been submitted
and is sufficient for a determination of compliance if all conditions are met by the applicant or
subsequent developer; (b) The waiver of the final plan review will not interfere with the
application of the zoning ordinance; and (c) The applicant or subsequent developer will need to
execute the City-Owner Contract and the Development Agreement prior to receiving zoning
certificates/building permits for this development.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF fr�i ' , 2010.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
` OITY CLERK
APPROVED THIS •%JT DAY OF ..E. , 2010.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone 1 Uncendev.9-031.prelim
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