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HomeMy WebLinkAboutResolution No. 315-08 s n .e 7 w2t 5'i 4 __ ... m.. .... .._, T , .._.�.,. .� • RESOLUTION WHEREAS, HL2, LLC, applied for a Type III, Phase II Incentive Development (#R2008- 017CUP) and Design Modification #R2008-002DM to permit the construction of a hotel at the southeast corner of Bandel Road N.W., and 59th Street N.W. The proposed building exceeds the allowable floor area ratio and permitted height within the B-4 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 and Zoning Commission recommended the following findings of fact: Preliminary Development Plan Criteria: a) Suitability of the Area: The proposed use is compatible with the existing land uses. Commercial uses exist to the west and south of the property; while multi-family uses consist to the north and east of the property. b) Site Design Criteria: • 1) Capacity of Public Facilities: Utilities are available to serve the proposed development. The static water pressure will range from 46 to 50 PSI at the main floor and 31 to 35 PSI at the top floor. This PSI may require some type of a pressure booster system according to the Minnesota Plumbing Code. 2) Geologic Hazards: There is no known geologic hazard for this property. 3) Natural Features: The site changes in elevation by approximately 30 feet from the southerly end to the northerly property line. Some substantial filling is proposed on the southerly portion of the site is proposed. 4) Traffic Generation Impact: The anticipated amount of traffic that will be generated by the proposal is 1,078 daily trips or 85 peak hour trips. There is an executed Development Agreement for this property which outlines that the owner has a future obligation to pay Substandard Street Capacity contribution in addition to the Substandard Street Reconstruction component that was paid as an assessment in 2004, if a Transportation Improvement District is • established that includes this property. . 5) Height Impacts: This project proposes a 4-story hotel with a • total building height of approximately 55 feet. The proposed structure is adjacent to detached garages for a multi-family residential building to the east. The location of the proposed building will block views of Highway 52. 6) Setbacks: The minimum setback requirements are being met however a "D" bufferyard is required along the east property line. The minimum "D" bufferyard width is 10 feet wide. The location of the building will need to be moved to the west to provide for the 10 foot wide bufferyard. 7) Internal Site Design: There appears to be adequate building separation to open spaces and street frontages. 8) Screening and Buffering: A "D" bufferyard is proposed along the east property line. The current location of the building does not provide for a 10 foot wide bufferyard so the building will need to be moved to the west to provide for the bufferyard. Two additional canopy trees and 5 understory trees are needed within this bufferyard. A "B" bufferyard is needed along the north property line. Foundation plantings are proposed around the building as well as plantings along the southerly end of the parking lot. • 9) Ordinance Requirements: developmentThe does exceed the landscape area requirements fo th B-4 zoning district and is providing enough parking spaces based on the number of rooms; and, WHEREAS, the Commission, following its public hearing, recommended approval subject to the following conditions: 1 Separate Grading Plan approval is required and payment of a Storm Water management Area Charge is applicable for any increase in impervious surface. 2. Construction of the concrete sidewalk is required along the entire frontage of the property abutting 59th Street NW concurrent with the development of the property. 3. The site Ian is contingent upon the City releasing the controlled access along 59t� Street NW at the location of the driveway. The applicant shall submit a vacation petition to the City, petitioning to vacate the controlled access. If the vacation petition is denied the site plan shall be revised according. • 2 • 4. The site plan shall be revised, building moved and the required plantings, so that there is a minimum of a 10 foot wide "D" bufferyard along the east property line. The revised site plan shall also provide a "B" bufferyard along the north property line. 5. Prior to development, the applicant shall demonstrate that fire apparatus is able to make the corners in the parking lot. 6. Prior to development, the applicant shall dedicate the 20' wide utility easements shown for the public water main to and including the fire hydrants. 7. Prior to development, a detailed lighting plan, including illumination levels at the property lines shall be submitted to the Planning Department for review. The lighting must meet standard "C" in Section 63.210 of the Land Development Manual. 8. Upon approval by the City Council for the Substantial Land Alteration, the applicant shall provide surety that guarantees the site will be fully restored after the completion of the excavation activity, unless the restoration cost for said work is included in and identified separately in the City-Owner Contract Bonds. Said surety must be provided prior to commencement of • grading activities on the property. If the City Council denies the Substantial Land Alteration, the grading plans shall be returned to the designers for reevaluation. WHEREAS, the Common Council held a public hearing on the Incentive Development R2008-017CUP request on June 16, 2008, and gave all interested persons the opportunity to make presentations and give testimony concerning the application; and, WHEREAS, at the June 16t" public hearing, the applicant's representative agreed with all of the recommended conditions of approval; and, WHEREAS, based upon all of the evidence and testimony submitted during the June 16tn 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 requested by HL2, LLC, is granted subject to the above eight conditions. BE IT FURTHER RESOLVED that the City grant the requested design modification to allow construction of a transient accommodation facility that would exceed the maximum height by 15.33 feet. The maximum permitted height is 40 feet above grade and the proposed highest point of the building will be 55.33 feet. The approval of the requested design modification is • based upon the Planning and Zoning Commission's five findings of fact determined at the 3 •Commission's May 28, 2008, meeting. BE IT FURTHER RESOLVED that the City waive the final plan review phase of this development application. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS DAY OF , 2008. PRESIDENT OF SAID COMMON COUNCIL ATTEST: D'LI C� 7 CI CL R APPROVED THIS 1 Gam► I DAY OF tt,Y , 2008. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Zone05 lncendev.8-017.preli m 4