HomeMy WebLinkAboutResolution No. 343-10 T
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• be completed in a manner that provides a standard boulevard
between the sidewalk and road. The minimum fire flow to the
commercial/multi-family residential area shall be no less than 1,500
gpm at 20 psi.
b) Geologic Hazards: Cascade Creek transverses the property on
the west side. It appears that the floodway for Cascade Creek runs
along its west property boundary. A portion of the site in inundated
with the shaded Zone X which is areas of the 500-year flood.
c) Access Effect: Ingress and egress points have been designed
and located to provide adequate separation from existing street
intersections and adjacent private driveways. Access to the site is
by way of 4th Street NW. This roadway is a residential roadway.
The traffic generated by the proposed could cause operational
problems at the intersection of 4th Street NW and 6th Avenue NW.
If this intersection does become a problem the City may look at
modifications to the intersection which may include a right-in/right-
out or other improvements necessary to accommodate the traffic.
d) Pedestrian Circulation: The final plan provides for pedestrian
circulation throughout the development as well as connection to the
public sidewalks located within the adjacent public right-of-ways.
• Some type of vehicle control is needed along the east row of
parking spaces located on the lot of the apartment/commercial
building so ensure that vehicles do not overhang the sidewalk
adjacent to the building.
e) Foundation and Site Plantings: The landscaping plan submitted
with the final plat submittal appears to be adequate for the
development and consistent with the landscape character of the
surrounding area.
f) Site Status: The property will need to be replatted to create the
separate lots for the different uses found within the development.
The replatting process will create a provide roadway to serve the
development. The developer will need to execute a Development
Agreement with the City which addresses the inadequate public
facilities.
g) Screening and Bufferyards: The landscaping plan submitted
with the final plat submittal appears to be adequate for the
development and consistent with the landscape character of the
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• surrounding area.
h) Final Building Design: The final building design is consistent
with the principles identified the preliminary development plan
relative to height impact, setbacks and internal site design. The
site layout provides adequate building separation and orientation
for a new urbanism design.
i) Internal Circulation Areas: The parking stall width and length
should be reduced to the standards listed the Zoning Ordinance.
This will allow for more green space between the parking lot on the
south property line and will allow for an additional foot of green
space on either the east or west side of the parking lot. Since
vehicles parking in the east row of the parking lot will have the
potential to extend over the sidewalk between the parking lot and
building there should some control placed at the edge of the
parking lot that will prevent vehicles from overhanging the sidewalk.
This control could be some type of small fence or wall.
j) Ordinance Requirements: The daycare center building
elevation proposes signage on 3 sides of the building. No review of
any other signage has occurred at this time. The remaining
signage will be reviewed at the time when a sign permit is applied
• for. At the time the preliminary plan was approved, the
development was approved with allowing sign standard "B" for the
development.
k) Non-Vehicular and Alternate Modes of Travel: The proposed
development incorporates pedestrian oriented spaces and provides
direct and convenient pedestrian access to the building entrance(s)
from public sidewalks and parking areas. There is an existing bus
stop at the corner of 4th Street NW and 6th Avenue NW. Bicycle
racks are provided throughout the development; and,
WHEREAS, based upon the above findings of fact, the Planning Department
recommended approval of the proposed Restricted Development subject to the following
conditions:
1. The site plan must be revised to include:
A. Parking stall width and length should be reduced to the standards
listed in the Zoning Ordinance. Doing this will provide more of a
separation of the parking lot and the south property line and more
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green space on either the east or west side of the parking lot;
• B. Some type of control laced along the east edge of the parking lot
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that will prevent vehicles from overhanging the sidewalk between
the building and parking (control could be a fence, wall or
something similar);
C. The existing fire hydrant located along the north side of Fourth
Street N.W., shall be moved to the west side of the west entrance.
Location shall be approved by RPU Water and Fire Department;
D. The reconstruction of the pedestrian facilities along the frontage of
the Property shall be completed in a manner that provides a
standard boulevard between the sidewalk and road; and
E. Removing the notation of on street parking on Sixth Avenue N.W.
2. There are inadequate on and off site public facilities, specifically Public
Roadways, Sanitary Sewer, Water, and Storm Water Management/ Flood
Control Facilities, existing 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
enter into a Development Agreement, prior to a Final Plat submittal and
prior to development of the Property, that outlines the Developer's and
City's obligations related, but not limited to: access, storm water
management (including any obligations for off-site facilities), access to the
City's flood control project 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.
3. Grading & Drainage Plan approval is required prior to development, as
well as, payment of any applicable Storm Water Management Area
Charge for any increase in impervious surface.
4. The development does have parkland dedication based on an increase in
dwelling units. The parkland dedication requirements shall be met via
cash in lieu of land with payment due prior to recordation of the final plat.
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5. The Property shall be re-subdivided. At the time of re-subdividing, the
Sdedication of controlled access is required along the entire frontages of
the Property, except for the two approved access location on Fourth
Street N.W.
6. The condition of pedestrian facilities along the frontages of the Property
will be reviewed by Public Works staff and any needed repairs and/or
panel replacement shall be completed concurrent with construction for this
project.
7. Sign type "B" shall be the size and amount of signage allowed for the
development.
8. Execution of a City-Owner Contract, and dedication of all applicable public
easements is required prior to construction of any public improvements to
serve this project. Water mains connecting to and including any fire
hydrant are,considered public and need to be within a 20' minimum public
utility easement.
9. All the existing water services to this property must be abandoned
properly at the main in the street and the curb boxes removed per the
requirements of RPU.
• 10. A separate ',water service will be required for each unit of the townhome
and for each commercial building. An approved utility plan per the City of
Rochester requirements is needed prior to construction;
11. The Owner shall mill and overlay Fourth Street N.E., along the frontage of
the Property concurrent with the development of the site; and,
12. This development plan is contingent upon the land transfer occurring
between the City and the Owner and Vacation Petition R2010-010 being
approved; and,
WHEREAS, on July 14, 2010, the Planning and Zoning Commission held a public hearing
on this restricted development application, reviewed the application according to the
requirements of R.C.O. § 62.708, and recommended approval based upon Planning Department
staffs recommended findings of fact subject to the staffs recommended conditions of approval;
and,
WHEREAS, the Common Council held a public hearing on the restricted development
request on August 2, 2010, and permitted all interested persons to be heard; and,
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WHEREAS, at the August 2"d public hearing, the Council deleted condition #1(A) through
• (D), and added conditions #13 and #14 to read as follows:
13. The Council's actions in approving this development occur in response to
the applicant's or its 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.
14. The City Forester must review and approve the spacing of trees and the
lineal width of the boulevards; and
WHEREAS, based upon a preponderance of the evidence submitted at the August 2"d
public hearing, the Common Council adopts as its own the Planning Commission's
recommended findings of fact and conditions of approval except as amended above; and,
WHEREAS, based upon a preponderance and substantial weight of the evidence
submitted at the August 2"d public hearing, the Common Council determines that the Applicant
satisfied the criteria of R.C.O. §62.708 subject to the 14 conditions stated herein.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the Restricted Development #R2009-026CUP Final Plan requested by Kutzky
01park, LLC is in all things approved subject to the above 14 conditions.
BE IT FURTHER RESOLVED that, at its August 16, 2010, meeting, the Council
reconsidered its August 2"d action on this matter and amended condition #14 so as to read as
follows:
14. The City Forester must review and approve the spacing of trees.
BE IT FURTHER RESOLVED that the City approve of Restricted Development#R2009-
026CUP Final Plan requested by Kutzky Park, LLC subject to the above 14 conditions as
amended upon reconsideration.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF r , 2010.
i PRESIDENT OF SAID COMMON COUNCIL
ATTEST: �Q/ZO-7FA'�
CITY CLERK
APPROVED THIS / -� DAY OF _ T , 2010.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone 101RestDevFinal.0926amd
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