Loading...
HomeMy WebLinkAbout11/19/2001_RegularCITY OF ROCHESTER COUNCIL AGENDA COUNCIL/BOARD CHAMBERS U t GOVERNMENT CENTER 151 4T" STREET SE MEETING NO.23 November 19, 2001 Regular Adjourned 7:00 p.m. PAGE 1 A) OPEN COMMENT PERIOD B) CALL TO ORDER C) LETTERS AND PETITIONS 2-3 D) CONSENT AGENDAIORGANIZATIONAL BUSINESS 1. Approval of Minutes 4-5 2. Resolution of Support for DM&E Community Mitigation Bonding Request 6-10 3. Request for Funding/Olmsted County Historical Society 11 4. Weatherstone Phase 1 Multifamily Housing Revenue Bond • Resolution 12 5. Weatherstone Phase 2 Final Bond Resolution 13 6. Long Term Parking Rate Change at the Rochester International Airport 14 7. Bid Awards for Security Improvements 15 8. Professional Services Agreement with Airport Consulting Services Group to Provide Blast Assessment for the Terminal Building 16-17 9. Licenses, Bonds, & Miscellaneous Activities 18 10. Off Sale Intoxicating Liquor for Silver Lake Liquor 19 11. Award of Amateur Boxing Franchise 20 12. Accounts Payable 21-22 13. 301 Projects (Fund) — Transfer of Unexpected Balance of Permanent Improvement Projects 23-27 14. Closing of Local Improvement Projects — Fund 501 28 15. Assignment of Computer Consulting Services Agreement from Sirius Point 5 Solutions to CD Group Inc. 29-32 16. Annexation Petition #01-22 to Annex Approximately 137.65 acres of City Owned Property Local Along the East and West Sides of 500 Avenue NW and North of 19th Street NW 33 17, Railroad Crossing Agreement with MnDOT and DM&E 34-35 18, Professional Services Agreement Amendment for the Preparation of Storm Water Management Plan • 36-37 19. Municipal State Aid Segment Addition: Bandel Road NW Cry Council Meeting November 19, 2001 Page 2 38-43 20. Feasibility Report for Sanitary Sewer and Watermain to Serve the Southtown Height Subdivision Area, J9791 44-46 21. Award of Contract: Asbestos Removal Eastwood Village Apartments, J 2068 47 22. H/C Parking for Resident at 811 8th Avenue SE 48 23. Development Agreement — Heim Property Elmcroft 4th Area 49 24. Development Agreement — Stonehedge Development with Sherm Stoflet 50 25. Real Estate — Settlement Agreement for Right -of -Way Acquisition for the Badger Run Sewer Project — J9745 51-52 26. Variance Request: Improvements to 50th Ave NW (J9578) 53 27. Owner Contract — Basic Construction in Royal Plaza Subdivision (J9634) 54 28. Owner Contract — SS & WM to Serve L6, B1, Replat of p/o B3, Knollwood Acres (Whitter & Woods Property) (J9821) 55 29. Owner Contract Basic Construction in Diamond Ridge Commercial Park (J9866) 56 30. Stormwater Management Agreements 57 31. Agreement for Park & Ride Lot/Bethel Lutheran Church 58 32. Land Acquisition — Settlement for 50d' Avenue NW (J9718) 59 33. Parking Restrictions: 900 block of 2"d Street NE 60 34. Owner Contract — Stormsewer Extension to Serve the Home Federal 61 62 E) 63-85 Savings Bank (J9870) 35. Engineering Service Agreement for Restoration of Civic Center Ramp and Third Street Ramp 36. Con ributioNreeme t — i a ichelle VanEss 11d' Avenue SW 31_ Aidr h" . d•. a. HEARINGS V 86-134 135-168 169-188 4 189-209 5. 210-225 6. 226-240 7 241-261 8. 262-280 Final Plat #01-44 by Carriage Homes XVII, Inc. to be known as Fox Ridge Townhomes First CIC #159 Type III Phase If Incentive Development Preliminary Plan #00-35 by Rochester Development, Inc. Amendment to General Development Plan #83, known as The Arboretum revising the roadway alignment on the westerly portion of the property Type III Phase II Special District Amendment Project Development Plan #01-04 to allow the construction of a Commercial Building in Special District #1 (Arboretum) located along the east side of West Circle Drive Amendment to General Development Plan #92, known as Manor Woods West, by Forbrook-Bigelow Development Preliminary Plat #01-28 by Forbrook-Bigelow Development to be known as Manor Woods West Central Subdivision Preliminary Plat #01-29 by Forbrook-Bigelow Development to be known as Manor Woods North First Subdivision Rochester Urban Service Area Lane Use Plan Map Amendment #01-04 by Morris Memorial LLC from Low Density to Residential General Development Plan #01-167 by Morris Memorial LLC to be known as Morris Meadows Gty Council Meeting November 19, 2001 Page 3 281-289 10. 290 11. 291-308 12. 309-316 13. 317-335 14. 336-337 15. 338 16. 339-344 17. 345 18. 346-352 19. 353 20. 354-358 21. Zoning District Amendment #01-12 by Morris Memorial LLC from the H District to the M-1 District Final Plat #99-40 by Arcon Development to be known as Shannon Oaks First Subdivision Final Plat #01-48 by Jim Heim to be known as Elmcroft Fourth Addition Final Plat #01-49 by Dan Soderberg to be known as Northview Second Subdivision City Initiated Text Amendment #01-12 to amend Sections 60.200, 62,390 and related sections of the Rochester Zoning Ordinance and Land Development Manual that addresses the use of storage containers. Applications for State Transit Assistance Funds for 2002 for Regular Route and Dial -A -Ride Services. Proposed Establishment of Residential Permit Parking Zone #6 (Edison Neighborhood) on the 600 Block of 8'h Avenue S.W. Making of Local Improvement Project No. 6306-2-00 (J-9607) "Curb, Gutter & Overlay on 6ch Avenue S.E. from 16 % Street S.E. to End of Cul- de-Sac" Proposed Assessment for Local Improvement Project No. 6306-2-00 (J-9607) "Curb, Gutter & Overlay on 6'h Avenue S.E. from 16 % Street S.E. to End of Cul-de-Sac". Making of Local Improvement Project No. 6307-2-02 (J-9840) "Curb, Gutter & Overlay on 7'h Avenue S.E. from 161h Street to 16'/: Street S.E.". Proposed Assessment for Local Improvement Project No. 6307-2-02 (J- 9840) "Curb, Gutter & Overlay on 7"' Avenue S.E. from 161h Street to 16'/z Street S.E.". Making of Local Improvement Project No. 6205-4-99A (J-9540) "Curb, Gutter & Overlay on 5'h Place N.W. from 16'h Avenue N.W. to Civic Center Drive N.W." 359 22. Proposed Assessment for Local Improvement Project No. 6205-4-99A (J- 9540) "Curb, Gutter & Overlay on 5' Place N.W. from 16" Avenue N.W. to Civic Center Drive N.W." 360 23. Hearing for Assessing Weed Removal, Snow Removal, Debris Removal, Tree Removal, Impound Towing, Secure Property, and Sidewalk Repair F) REPORTS AND RECOMMENDATIONS 361 G) RESOLUTIONS AND ORDINANCES H) TABLED ITEMS 1) OTHER BUSINESS J) ADJOURNMENT REQUEST FOR COUNCIL ACTION MEETING DATE: 11/19/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. OPEN COMMENT PERIOD CITY ADMINISTRATOR A 0 DESCRIPTION: OPEN COMMENT PERIOD PREPARED BY: S. KVENVOLD This agenda section is primarily for the purpose of allowing citizens to address the City Council on a topic of their choice. The following guidelines apply: • This section of the agenda may not be used as a forum to continue discussion on an agenda item which has already been held as a public hearing. • This agenda section is limited to 15 minutes and each speaker is limited to 4 minutes. • Any speakers not having the opportunity to be heard will be first to present at the next Council meeting. • Citizens may only use this forum to address the Council on a maximum of one time per month. • Matters currently under negotiation, litigation or related to personnel will not be discussed in this forum. • Questions posed by a speaker will generally be responded to in writing. JNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION Meeting DATE: 11-19-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO: CONSENT AGENDA CITY ADMINISTRATOR D -1-36 M DESCRIPTION: PREPARED BY: APPROVAL OF CONSENT AGENDA ITEMS G. NEUMANN This RCA lists all the items which have been included in the consent agenda for this meeting. The Council can approve all of the items with a single motion to approve. The Council President will allow the Councilmembers an opportunity to state whether there are any of these items which you wish to have removed from the consent agenda approval and to have them discussed and acted upon separately by the Council. The consent agenda for this meeting consists of the following RCAs: D-1. Approval of Minutes D-2. Resolution of Support for DM&E Community Mitigation Bonding Request D-3. Request for Funding/Olmsted County Historical Society D-4. Weatherstone Phase 1 Multifamily Housing Revenue Bond Resolution D-5. Weatherstone Phase 2 Final Bond Resolution D-6. Long Term Parking Rate Change at the Rochester International Airport D-7. Bid Awards for Security Improvements D-8. Professional Services Agreement with Airport Consulting Services Group to Provide Blast Assessment for the Terminal Building D-9. Licenses, Bonds, & Miscellaneous Activities D-10, Off Sale Intoxicating Liquor for Silver Lake Liquor D-11. Award of Amateur Boxing Franchise ' 2. Accounts Payable 3 301 Projects (Fund) — Transfer of Unexpected Balance of Permanent Improvement Projects D-14. Closing of Local Improvement Projects — Fund 501 D.15. Assignment of Computer Consulting Services Agreement from Sirius Point 5 Solutions to CD Group Inc. DA6. Annexation Petition #01-22 to Annex Approximately 137.65 acres of City Owned Property Local Along the East and West Sides of 50"' Avenue NW and North of 19t' Street NW D-17. Railroad Crossing Agreement with MnDOT and DM&E D-18. Professional Services Agreement Amendment for the Preparation of Storm Water Management Plan D-19. Municipal State Aid Segment Addition: Bandel Road NW D-20. Feasibility Report for Sanitary Sewer and Watermain to Serve the Southtown Height Subdivision Area, J9791 D-21. Award of Contract: Asbestos Removal Eastwood Village Apartments, J 2068 D-22. H/C Parking for Resident at 811 8a' Avenue SE D-23. Development Agreement— Heim Property Elmcroft 4th Area D-24. Development Agreement — Stonehedge Development with Sherm Stoflet D-25. Real Estate — Settlement Agreement for Right -of -Way Acquisition for the Badger Run Sewer Project — J9745 D-26. Variance Request: Improvements to 50th Ave NW (J9578) D-27. Owner Contract — Basic Construction in Royal Plaza Subdivision (J9634) D-28. Owner Contract — SS & WM to Serve L6, B1, Replat of p/o B3, Knollwood Acres (Whitter & Woods Property)(J9821) 9. Owner Contract Basic Construction in Diamond Ridge Commercial Park (J9866) D-30. Stormwater Management Agreements D-31. Agreement for Park & Ride Lot/Bethel Lutheran Church D-32. Land Acquisition — Settlement for 50s' Avenue NW (J9718) Consent Agenda November 19, 2001 Page 2 -33. Parking Restrictions: 900 block of 2"d Street NE D-34 Owner Contract — Stormsewer Extension to Serve the Home Federal Savings Bank (J9870) D-35. Engineering Service Agreement for Restoration of Civic Center Ramp and Third Street Ramp D-36. Contribution Agreement — Jim and Michelle VanEss 11 th Avenue SW REQUEST FOR COUNCIL ACTION MEETING DATE: 11/19/01 i AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT CITY ADMINISTRATOR _ i M DESCRIPTION: RESOLUTION OF SUPPORT FOR DME COMMUNITY PREPARED BY: MITIGATION BONDING REQUEST G. NEUMANN The Mayors and administrative staffs from the cities of Mankato, Owatonna, Winona, New Ulm and Rochester have previously discussed and agreed to submit a request to the State of Minnesota for $50 million in State Bonding Funds that could be utilized to mitigate adverse impacts caused by the DME Railroad Project. This request is similar to the request that was submitted to the State in 1999. That request was considered during the 2000 legislative session. However, one of the main concerns at that time was that a decision had not been made by the STB on the DME's proposed project. With a pending STB staff recommendation on the EIS scheduled for release on November 19"', that issue may be resolved. The proposed $50 million in State assistance is proposed to be available to all cities and counties along the line for various mitigation purposes, such as noise mitigation, traffic improvements, crossing improvements and improvements to emergency response systems as is described in the attachments. Council Action Requested. Approval to adopt prepared resolution of support for the request to the State of Minnesota for $50 million for DME Community Mitigation Funding. JNCIL ACTION: Motion by: Second by: to: RESOLUTION IN SUPPORT OF A REQUEST FOR STATE FUNDING TO MITIGATE THE IMPACTS OF THE DM&E RAILROAD EXPANSION PROJECT ON SOUTHERN MINNESOTA COMMUNITIES WHEREAS, the DM&E Railroad is proposing a complete re -building of their rail line across Southern Minnesota; and WHEREAS, the primary purpose for the re -building is to haul coal from the Powder River Basin in Wyoming to markets east of Minnesota; and WHEREAS, this project is projected to result in an increase in train traffic on the DM&E line from the current 3 trains per day to 37 trains per day; and WHEREAS, this substantial increase in train traffic will have serious impacts on the quality of life, public safety, noise, and traffic congestion in affected Southern Minnesota communities; and WHEREAS, these impacts will need to be mitigated for the future health, safety, and economic development of these communities; and WHEREAS, the cost to mitigate the impacts could not have been anticipated or planned for by the affected communities; and WHEREAS, assistance from the State of Minnesota is needed to assist the affected communities in addressing the significant impacts that will be caused by the DM&E Railroad project and the increase of 34 coal trains per day. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby supports and endorses the request for funding assistance from the State of Minnesota to assist the local communities in addressing the impacts that will be caused by the DM&E Railroad expansion project on Southern Minnesota communities. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF . MINNESOTA. THIS DAY OF 1999. ATTEST: CITY CLERK X, F.-TIONTINTill INT-Wil■ REQUEST FOR COUNCIL ACTION MEETING / DATE: 11/19/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Administration _ A DESCRIPTION: Request for Funding/Olmsted County Historical Society PREPARED BY: S. Kvcnvold The Olmsted County Historical Society is requesting $70,000 from the City of Rochester to install a new heating, ventilating, air conditioning and humidity control system for their museum building. (See attached) Olmsted County will also provide $70,000 for this purpose. If approved, the funding would be appropriated from the Future Construction Account. Council Action Requested: Request a motion appropriating $70,000 from the Future Construction Account to assist in the funding of the replacement of the heating and cooling system at the Olmsted County Historical Society Building. INCIL ACTION: Motion by: second by: to: • OLMSTED COUNTY HISTORICAL SOCIETY VdV November 14, 2001 Dear City Council Members: I want to begin by thanking the City Council for their support of the Historical Society over the past years. The Board of Directors is pleased that the Council recognizes the benefit to the community in having a well functioning museum campus offering educational, genealogical and historic exhibits to the residents and visitors to the area. Due to chronic HVAC system failures and humidity and temperature regulating problems, the Society hired the engineering firm of TSP One Inc. to assess the system in the fall of 2000, Upon their recommendations and after consulting with Rochester Public Utilities , the Society has decided to install a Direct Exchange system known as "Earthlinked."This system relies on the direct transfer of thermal energy from the earth. The History Center is an excellent candidate for the DX system because of the surrounding acreage available for the ground loop system. We have spent the past eight months working with RPU writing a grant in hopes of funding part of the cost of installing a new heating, ventilating, air conditioning and humidity control system for the museum. Unfortunately the grant did not get funded. This past summer Johnson Controls was out eleven times working on the air conditioning unit, it is 29 years old and has been rebuilt twice by vocational technical students. Two weeks ago the heat exchanger developed a crack and leaks water after each heat cycle. A General Conservation Assessment Survey of the History Center was conducted by the Upper Midwest Conservation Association the first week of October. The gentleman that did the survey reiterated the fact that the current HVAC is not up to museum standards and that was before the heat exchanger problem. This letter is a request on behalf of our membership, the Board of Directors and staff to consider an appropriation of $70,000 to match a future request that will be made to the County Board for $70,000 and $32,000 the Society has in commitments, to cover the cost of the HVAC system and repairs to the cracked heat exchanger. An early and favorable decision will enable us to arrange for the design work to be done by Karl Dirksen and system components to be ordered to allow us to do earthwork and construction as soon as the weather allows in the spring Our facility serves all of the citizens of both the City and County and numerous visitors each year. It is a very visible way for the City and County to cooperate to the benefit of its taxpayers. S' ce el t� A] Schafer Pre dent 1195 WEST CIRCLE DRIVE SOUTHWEST • ROCHESTER, MN 55902 • PHONE 507.282.9447 TSP one, Inc- November 9, 2001 1500 Highway 52 North Rochester, MN 55901 phone (507) 288-8155 laa (507) 288-7220 John Hunziker www.teamtsp. ppm Olmsted County History Center 1195 West Circle Drive SW Rochester, MN 55902 Architecture Engineering Interior Design Re: Olmsted County History Center Infrastructure Study Rochester, Minnesota TSP Project No. 2872.01 Offices In Rochamr end Minneapolis, MN Last fall TSP was retained by the Olmsted County History Center to study the condition and describe potential improvements to the existing hearing ventilation and air conditioning (HVAC) systems in the building. The intent of the HVAC infrastructure study is to not only identify ways to improve the interior environment for employees, visitors, and artifacts, but also to reduce operating costs. This letter is intended as a summary of the recommendations presented in that study. TSP's report also identified, to the maximum extent practical, items affecting the Indoor Air Quality (IAQ) as it relates to human occupants as well as stored and exhibited artifacts. No destructive demolition has been done to determine the condition of concealed components. No chemical analysis has been performed on the interior of the building to determine if specific microorganisms were present. TSP interviewed History Center representatives. They were encouraged to express concerns related to air temperature and humidity as they affect the comfort of building occupants and preservation of archived and displayed material. TSP also investigated the use of a geothermal -based heating and cooling system as a means of reducing operating costs while improving conditions. The original HVAC system has not been significantly modified or updated since its installation in 1972 (29 years) except for the replacement of the original oil -fired boiler with a natural gas -fired boiler and the addition of a heat recovery device intended for use during summer dehumidification that is no longer functional. AFFILIATED OFFICES Rochester, MN The air supply ductwork and distribution components are intact but require Minneapolis, MN cleaning. The humidifiers have not been operated for many years. The original air- Denwer. CO cooled condensingunit has had its compressors rebuilt twice. The air supply,or Air Fort Collins, CC I� MRapoltow $IA D Handling Unit (AHU), is functional but will require extensive cleaning. The CitySioux Falls. $D pneumatic control system has been infrequently recalibrated or cleaned. With the Sheridan. WV advent of digital control, pneumatic system repair service is not readily available. An Equal Opparlunly, Alflnati. Action Enpbyer TSP Project No. 2872.01 - 11/9/01 9 John Hunziker The HVAC system used in the newest addition does not appear to be well suited to the task of maintaining the appropriate humidity levels at a comfortable inside temperature. The system has been a source of chronic failures and expense. Although the HVAC system design, a constant air volume reheat system, is 29 years old, it is still one of the most reliable and least complicated methods of controlling temperature and humidity in this type of facility. The system design is recommended by the American Society of Heating Refrigeration Engineers (ASHRAE). The nearly 30 year old air conditioning equipment operates very ineffectively. Its energy efficiency ratio (EER) may be as low as 7, while new geothermal equipment operates at EER of 19. This represents a 170% increase in efficiency. Of the 16 options presented, we feel these are of greatest importance. A. Replace the present heating and cooling source from gas fire heating and electric direct expansion cooling to geothermal -based system including new piping, exterior excavation and restoration. $ 82,00 B. Clean existing AHU and all supply and return ductwork. Replace insulation in AHU cabinet with washable insulation. Seal surface of existing duct insulation. $ 16,000 C. Replace non-functioning humidifiers with new units. Add booster for Archives (three total). $ 18,000 D. Extend ductwork and heating piping to serve Archives from the main system and discontinue present system. Add humidifier. $ 8,500 E. Rebalance airflow to all air outlets to assure proper distribution to all spaces. $ 6,500 F. Replace existing pneumatic controls on all heating and cooling equipment with direct digital control (DDC) with energy management capability. $ 30,000 F. Engineering design, drawings, specifications, securing bids, contract preparation, and construction monitoring. $ 11,000 TOTAL $172,001 -2- /D i Please feel free to call with any questions. TSP One, Inc. 4m--�Karll J.Dirrksen NV0901 KDJc TSP Project No. 2872.01 - 11/9/01 John Hunziker -3- REQUEST FOR COUNCIL ACTION MEETING DATE: 11/19/01 AGENDA SECTION: CONSENT AGENDA [a tal F.V51ul12 ST7 A DESCRIPTION: WEATHERSTONE PHASE 1 MULTIFAMILY HOUSING 791'/:1�1�1:1:Z�7�17:7DI.Y�71[I11Y[�7�1 - Zi 3REPARED BY: T.SPAETH Previously, Weathestone Development was issued $7.45 in housing revenue bonds, of which approximately $ 6 million was tax exempt, and the remainder were taxable. Because of an increase in the tax exempt volume limit, Weatherstone had intended to refund the previous bond issuance and seek a new bond issuance of tax exempt bonds for the project. The bondholder has not agreed to refund and refinance the previous bond issuance, and at this time, Weatherstone is seeking an additional $480,000 in tax exempt multifamily housing revenue bonds to cover the costs associated with the project completion. The Council held a public hearing and approved the housing program on October 15, 2001. These bonds are an obligation of Weatherstone Townhomes, LLC and not of the City of Rochester. COUNCIL ACTION REQUESTED: Approval of Resolution for the issuance and sale of multifamily housing revenue bonds to provide funds for completion of a multifamily housing project on behalf of Weatherstone Townhomes Limited Partnership. NCIL ACTION: Motion Second to: i REQUEST FOR COUNCIL ACTION MEETING DATE: 11/19J01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY ADMINISTRATOR d DESCRIPTION: WEATHERSTONE PHASE 2 FINAL BOND RESOLUTION PREPARED BY: T.SPAETH On November 5, 2001 the Council held a public hearing on the housing program and issuance of multi family housing revenue bonds in the amount of $20 million for Phase 2 of the Weatherstone Townhomes Development. The developer is "parking" the bond issuance at this time, and will likely not finalize the issuance until the spring of 2002 when construction is proposed to commence. In order to accomplish this, the developer will need to "remarket" the bond issuance after 3 months. This was not reflected in the previous resolution approved on November 5th, and at this time the developer is requesting that a revised resolution be adopted by the City to reflect this change. COUNCIL ACTION REQUESTED: Approval of Resolution for Tax Exempt Multifamily Housing Revenue Bond issuance of $20,000,000 to Weatherstone Townhomes Limited Partnership - II. INCIL ACTION: Mouon by: second by: to: FA — REQUEST FOR COUNCIL ACTION MEETING DATE: 11/19/01 AGENDA SECTION: Consent ORIGINATING DEPT: Rochester International Airport ITEM NO. _ M DESCRIPTION: Long Term Parking rate change at the Rochester International Airport. PREPARED BY: Steven W. Legve The Rochester Airport Commission recommends and requests Council authorization to: Increase the weekly and daily cost of parking in the long term parking area at the Rochester International Airport from a maximum of $5 per day or $30 for seven days to a maximum of $6 per day or $36 for seven days. The hourly rate in the long term lot and all short term rates are to remain unchanged. The increase will help bring us more in line with downtown parking rates and help offset the increased cost to screen cars which is an FAA requirement in order to use the parking spaces within the 300 foot restricted parking area. COUNCIL ACTION REQUESTED: Resolution authorizing the Mayor, the City Clerk and the Rochester Airport Company to execute the rate adjustment. JNCILACTION: motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11/19/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Rochester International Airport A DESCRIPTION: Bid awards for security improvements. PREPARED BY: Steven W. Legve The Rochester Airport Commission recommends and requests Council authorization to: 1. Bid award to Horsman Fence Company to provide additional fencing and new gates with automatic openers as part of new, recently implemented FAA security requirements. $10,980.77 2. Bid award to Nietz Electric to provide access control (proximity card controllers and readers) for new gates and one interior door as part of new, recently implemented FAA security requirements. $18,750.00 Copies of bid proposals attached. Funding: 90% Federal 10% Local COUNCIL ACTION REQUESTED: lution authorizing the Mayor and the City Clerk to execute the bid awards. NCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11/19/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Rochester International Airport _ M DESCRIPTION: Professional Services Agreement with Airport Consulting Services PREPARED BY: Group to provide blast assessment for the Terminal Building. Steven W. Legve The Rochester Airport Commission recommends and requests Council authorization to: Enter into a Professional Services Agreement with ACSG, Inc. to provide a blast assessment for the Terminal Building. Agreement not to exceed $16,770.00 The information provided by the blast assessment report will identify changes required to protect the terminal building from a bomb blast in the parking lot area. This is the first step required to try and recover parking spaces within the current 300 foot restricted area. Funding: 90% Federal 10% Local COUNCIL ACTION REQUESTED: Resolution authorizing the Mayor and the City Clerk to execute the professional services agreement. JNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION r MEETING DATE: 11/19/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY CLERK i� _ A DESCRIPTION: LICENSES, BONDS & MISCELLANEOUS ACTIVITIES PREPARED BY: DONNAISCHOTT The following licenses, bonds and miscellaneous activities are submitted for the Council's approvals or disapprovals. All are pending departmental approvals, the required insurance, bonds, fees and all outstanding debts with the City of Rochester. GAMBLING — RAFFLE Pheasants Forever — Tri County Chapter PO Box 6225 Rochester, Mo. 55903 Raffle 03/15/02 AT Radisson Centerplace Hotel 150 S. Bdwy. (Please Waive 30 Day Waiting Period) Ronald McDonald House 850 2nd St SW Rochester, Mn. 55902 Raffle 2/10/01 AT Rochester Community & Technical College 1926 College View Rd SE MOTION PICTURES —TRANSFER Chateau Theatres, Inc. DBA Galleria 6 111 S. Bdwy. Rochester, Mn 55904 MOTION PICTURES — NEW Chateau Theatres, Inc. DBA Chateau 14 971 E Circle Dr. NE Rochester, Mn. 55906 SIDEWALKS — CEMENT Dan Krahn DBA Krahncrete, Inc. 2726 Melrose St SE Rochester, Mn. NCIL ACTION: Motion by: Second by: to. LICENSES, BONDS AND MISCELLANEOUS CITY ACTIVITIES PAGE 2 NOVEMBER 19, 2001 SIGNS Nesper Sign Advertising, Inc. 4620 J St SW Cedar Rapids, Ia. 52404 COUNCIL ACTION REQUESTED A motion to approve the above licenses, bonds and miscellaneous activities CONSENT AGENDA I DESCRIPTION: OFF LIQUOR REQUEST FOR COUNCIL ACTION ORIGINATING CITY CLERK LIQUOR FOR SILVER LAKE MEETING DATE: 1 l / 19/01 ITEM NO. PREPARED BY: DONNA J SCHOT'I' Application for an Off Sale Intoxicating Liquor License has been received from Barbara K. Kellner. The name of the business will be Silver Lake Liquor located at 1400 North Broadway. The applicant was the former owner of Barb's Northbrook Liquor at 1635 North Broadway. Opening of the liquor store is scheduled for the first of December. Issuance of the license is pending all departmental approvals, insurance certificates and all required Fees due the City of Rochester. Completion of a confidential investigative report on the applicant has been returned satisfactorily. COUNCIL ACTION REQUESTED A motion to approve the Off Sale Intoxicating Liquor License for Silver Lake Liquor. NCIL ACTION: Motion by Second by to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11/1/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda City Clerk iFl) _ A DESCRIPTION: Award of Amateur Boxing Franchise PREPARED BY. Judy Scherr On November 1, 1998, the Council awarded the Amateur Boxing Franchise on the condition that the franchise alternates from year-to-year between the Rochester Youth Boxing Club, Inc. and the Rochester Fourth Street Boxing Gym. The Rochester Fourth Street Boxing Gym held the franchise from December 1, 2000, to November 30, 2001. Therefore, the franchise will transfer to the Rochester Youth Boxing Club, Inc. from December 1, 2001 to November 30, 2002. COUNCIL ACTION REQUESTED A motion to adopt the prepared resolution awarding the Amateur Boxing Franchise to the Rochester Youth Boxing Club, Inc. from December 1, 2001 to November 30, 2002, with the condition that the Rochester Fourth Street Boxing Gym also be allowed to use the franchise. 1NCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING -- DATE: 11/19/01 AGENDA SECTION: Consent Agenda ORIGINATING DEPT: Finance Department ITEM NO. 0 DESCRIPTION: Approval of Accounts Payable PREPARED BY: Dale Martinson Respectfully request a motion to approve payment of Accounts Payable (submitted separately) in the amount of $1,617,029.61. Less: Any exceptions JNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11/19/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Finance Department _ �. - d DESCRIPTION: PREPARED BY: 301 PROJECTS (FUND) - TRANSFER OF UNEXPENDED BALANCE OF Dale Martinson PERMANENT IMPROVEMENT PROJECTS Attached is a prepared resolution closing completed projects and authorizing transfer of the unexpended balances. The project funds were created and financed pursuant to city Charter, Section 11.10. The amount of funds transferred is broken down as follows: Park $ 9,198.03 Traffic 3,823.79 Other 37,885.94 Net Funds Transferred $ 50,907.76 COUNCIL ACTION REQUESTED: Respectfully request a motion adopting the prepared resolution closing completed improvement projects and transferring unexpended balances pursuant to City Charter, Section 11.10 JNCIL ACTION: Motion by: Second by: to: RESOLUTION t WHEREAS, the following local improvement project funds were created and financed pursuant to Minnesota Statutes, Chapter 429 and balances remaining therein are: Proiect Number Proiect Description Amount Sidewalks 2258 Con Blvd S. of 14 ST<Brdw>E S Lk $ 25,279.38 2259 Ext Clvrt48St&18A NW;23St&11A SE 12,606.56 Subtotal 37,885.94 Park 2987 Viking Hills Park Development (trfto J2891) 9,198.03 2989 Homestead Park Development (trsf fr J2895)-648.00 Funds transferred to J2989 from J2895 (SE Park Dedication) 648.00 Subtotal 9,198.03 Traffic 6324 Trfc Sgnl on 41StNW@FireSta#4 11,863.70 6356 UpgrdRR Xing 2 Ave NE 1,124.70 6395 Trfc Sgnl@Valleyhigh Dr&19StNW (trsf fr J6324)-9,164.61 Subtotal 3,823.79 Net Funds Transferred $ 50,907.76 WHEREAS, the above listed projects have been completed and all costs of said improvements have been paid. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Rochester, Minnesota under authority of Minnesota Statutes, Section 429.091, Subd 4 that: 1. The above named funds shall be discontinued and the remaining balances in said funds shall be transferred to the following local improvement project funds: Proiect Number Proiect Description Amount Park 2891 Century Hills Park Development 9,198.03 Traffic 6380 Trf Sgl Intrcnt - Remote Loc 3,823.79 Other 1994 Future Construction 37,885.94 Net Funds Transferred $ 50,907.76 2. The Director of Finance is hereby authorized and directed to put into effect the provision of this resolution as of October 31, 2001. Passed and adopted by the Common Council of the City of Rochester, Minnesota, this 19th day of November, 2001. President of said Common Council City Clerk Approved this —day of ,2001. Mayor of said City (Seal of the City of Rochester, Minnesota) Finance Department Dee Olson 11/8/2001 N:\Finance%FinExcel\DEE\Project Closings.xls\301 REQUEST FOR COUNCIL ACTION MEETING DATE: 11/19/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Finance Department M DESCRIPTION: PREPARED BY: CLOSINGS OF LOCAL IMPROVEMENT PROJECTS -FUND 501 Dale Martinson Attached is a prepared resolution closing completed projects and authorizing transfer of the unexpended balances. The project funds were created and financed pursuant to the approved Capital Improvements program or other specific Council action. The net transferred out of closed projects totals $ 468,668.75 COUNCIL ACTION REQUESTED: Respectfully request a motion adopting the prepared resolution closing completed improvement projects and transferring unexpended balances pursuant to Minnesota Statutes, Section 429.091, Subd.4. JNCIL ACTION: motion by. Second by: to: RESOLUTION WHEREAS, the following local improvement project funds were created and financed pursuant to Minnesota Statutes, Chapter 429 and balances remaining therein are: Project Number Project Description Amount 9310 Recon 19St NW <32A.W Crcl Or (trsf fr J4844) -323.54 Funds transferred to J9310 from J4844 (MSAS Constr) 323.54 9330 Reconst 2 St SW<11>6 Av 131,431.43 9406 Recon E Cntr St<11Av E> 15Av E 51.372.17 9409 BIC North Park 8th - O/C -0.99 9437 4BStW/Meat<H52WFrtRdN.Okellys-O/C -10.67 9450 Rehab 900 Blk-17.5 St SE wIC/G -1,962.07 9465 Intersects Enhancment@New HyVee -12,550.66 Funds transferred to J9465 from J2201 (St Resrfc & Preservatn) 12,550.66 9493 C&G/StRsrf-21&22St NE, SWofNHtDr -2,464.93 9498 W/M.srvStellylce& Dtorage-O/C -1.88 9499 W/M.srvMenards North Addtn-O/C 4.29 9500 BIC Essex Estates 4th Subd-O/C -0.33 9504 W/M>srvWestemDigital -0/C -2.34 9506 SUSw/M>srvPrkshorePlcSubd-O/C -3.39 9509 W/M ExtsrvCalvaryBaptistChrch-O/C -1.56 9511. Recon300BlckN-Salley<brdy>lAvSW(trf to 301-2201) 29,655.55 9512 Recon200B)ckN-Salley<brdy>lAvSW(trf to 301-2201) 64,203.15 9520 Recon 16, 17, 18.5St<18Av>20AvNW -11,064.04 Funds transferred to J9520 from J2200 (Bitms Pvmnt Rehab) 11,064.04 9522 ReconWaldnLnSW<FohvellDr>Skylin (trf to J2200) 45,822.18 9524 Recon 9 AvSW<2StSW>6StSW(trf to J2200) 33,294.10 9525 Recon 6 Axx SE<E CtrSt>4 St SE (trf to J2200) 22,402.79 9526 C&G,Ovdyl9StNE<NHgtsD,->eastend -7,577.14 Funds transferred to J9526 from J2201 (St Resrfc & Preservatn) 7,577.14 9528 W/M>srvUS Bank,CircleDr BusPrk-O/C -1.42 9529 W/M>sry CascadeRidgeTwnhms-O/C -1.88 9530 W/M>sry UnivFord Expansion -O/C -0.55 9531 Recon Wilshire Court NE 1,097.94 9532 W/M Ext48StNW>srvSatum of Roch -3.19 9537 C&G,Ovrly 5 AV SE<16StSE>end (trsf fir J2201) -4,208.12 Funds transferred to J9537 from J2201 (St Resrfc & Preservatn) 4,208,12 9539 Recon 5 StNW<n Brdwy>4 Av NW -9.60 9542 Recon 12AvNE<14SNE>culdesac end(fr J2200) -61,101.86 Funds transferred to J9542 from J2200 (Bitms Pvmnt Rehab) 61,101.86 9544 C/G,Ovdy4AvNW<ElttnHls>ZumbroDr 43,507.25 9547 W/M>sry Stanton 2nd Subd-O/C -1.98 9564 Sn/S W/M>srvAvalonCove Ph1-O/C -2.31 9568 BIC Wedgewd Hils 2nd Subd-O/C -1.10 9569 BIC White Oaks 3rd Subd-O/C -0.34 9570 BIC 25 St SE <H63> 800' East -0.66 9572 W/M>srvHosannaLutheranChurch-OIC -1.54 Finance Department - Cary McNallan 11/812001 N:TinanceTinExcellDEE\Prcject Closings.xls\501 RESOLUTION WHEREAS, the following local improvement project funds were created and financed pursuant to Minnesota Statutes, Chapter 429 and balances remaining therein are: "ect fiber Project Description Amount 9580 W/M St/S>srvWalmart/25StSE-O/C -0.68 9585 W/Mext&Hydmt.srvFordMetro-O/C -1.10 9586 W/Mext&Hydrnt>CityAutoGlass-O/C -1.43 9590 W/M & Hydmt>srvSunrise Twnhms-O/C -2.31 9592 W/Mhydrant>srvCntrySuites-O/C -1•54 9593 BIC Diamond Ridge 16 Subd-O/C -2.31 9609 GIG 15StNW<VlyhghDrNW>W endRdwy 50,167.84 9614 C/G 18.5AvNW<19 StNW>>26 SWW -16.83 9616 BIC Spruce Meadows Subd-OIC -0.33 9619 W/M>srvLots2&3NrthviewSubd-O/C -0.99 9620 B/CTrailRidge&ConstArboretumDr -4.95 9628 W/M>srvOualityOvrheadDoor-O/C -1.76 9631 C/G&Ovrly28StNW<ZumbroDr>9AVNW -0.55 9633 BIC South Pointe 5th Sund-O/C -1.98 9638 Sn/S W/M>sry The Homestead -O/C 199.72 9641 BIC Orchard HlsSouth-1stSbd-O/C -1.54 9642 Sn/S>srvCirclel9Plaza-Phl-O/C -4.58 9645 W/M ext for MenardsNorth-O/C -1.98 9647 BIC The Gardens mh prk-Phi-OIC -2.42 9650 BIC Diamond Ridge 18 Subd-O/C -1.76 9652 B/c Lincolnshire Nrth4Subd-O/C -0.77 9653 BIC Essex Estates 5th Subd-O/C -1.87 9658 BIC Circlel9Plaza Subd Ph2-O/C -383.32 9660 BIC Eagle Ridge 4th Subd-OIC -0.88 9661 W/M>srvGeorge Twnhms-O/C -1.98 9662 W/M Sn/S>sry Deer Haven -O/C -1.76 9665 W/M>srvRochOvrheadDoor-O/C -1.43 9667 BIC CenturyHillsTwnhms#Subd-OIC -1.98 9668 BIC N hts NTwnhms 3rd Subd-O/C -1.10 9671 WIM>srvAvalonCove Ph2-0/C -1•87 9674 BIC Emerald Hills 2nd Subd-O/C -1.B7 9675 BIC South Park 5th Subd-O/C -2.31 9679 W/M&HydrntsrvTchlesCarWsh-O/C -2.09 9681 BIC Orchard Hills North Subd-O/C -3.94 9682 BIC Orchard HlsSouth-1 st Ph2-O/C -1.10 9683 B/cC WedgewdHls 3rd Subd-Ph2-OIC -4.70 9684 BIC Kingsbury hills Subd-O/C -2.66 9687 SNVext>OImCoHistoricalBldg-O/C 822.68 9688 B/C>srvRochesterMarktPlace-O/C -185.47 9689 B/C>srvWeatherstoneClc#166-O/C -2.20 9691 Sn/SW/M.srvAirbomeExpress-O/C -2.75 9692 B/C>srvPinewoodHlslstSubd-O/C -1.10 Finance Department - Cary MONallan 11/6/2001 N:1FinanceTinExceADEETroject Closings.xlsZo1 RESOLUTION WHEREAS, the following local improvement project funds were created and financed pursuant to Minnesota Statutes, Chapter429 and balances remaining therein are: Project Number Project Description Amount 9693 Sn/SW/M>srvLt2BIcklShorewd-O/C -1.98 9696 W/M&Hydrant>EmmanualBaptist-O/C -2.42 9697 B/C>srvChristOurRockChurch-O/C -2.36 9699 BIC Emerald Hills 3rd Subd-O/C -116.98 9701 W/M>sry AutumnWoods RV Park-OIC -4.25 9703 BIC SouthernWoods 3rd Subd-O/C -152.64 9704 BIC CircIeDriveBuSCtf2ndSubd-O/C -2.42 9705 BIC Orchard HlsSouth-2nd Subd-O/C -1.52 9706 BIC Valley Side Estates -O/C -2,86 9709 W/M&Hydmt>sry The Willows -O/C -1.98 9721 W/M&Hydrnt>sry Slumberland-O/C -1.94 9727 Sn/S W/M>sry Crown Apts-O/C -1.98 9728 W/M>sry 1808 3rd Av SE -O/C -1.94 9730 BIC Summit Pointe -O/C -1.98 9731 San/SW/Mhydmt>srvGoodinCo-OIC 824.91 9732 Sn/SWIM>srvWthrstoneTwnhms-O/C -228.19 9733 W/M$Hydmt>Ltl&2-Celesica-O/C -2.86 9736 Sn/SWIM>Ltl&2HndrmnFtxgdSbd-O/C -2.09 9739 BIC Badger Ridge Subd-O/C -0.77 9740 BIC South Pointe 6th Subd-O/C -1.94 9741 W/M>sry Salem Mdws Ph3-O/C -1.54 9742 BIC 26StNW<CSAH 22>500'west-OIC -438.53 9743 BIC Manorwoods West 12 Subd-O/C -2.91 9744 SNS W/M.srvStaybrdgSuites-OIC -0.99 9754 BIC srvRiversideCentrlElmSchl-O/C -1.52 9755 W/M&Hydrnt>CrclDrCorpPkPh2-0/C -1.54 9759 BIC Century Hills 5th Subd-O/C -1.94 9767 BIC ValleysideVillas 1Adtn-O/C -1.94 9770 B/c Kingsbury hills 2nd Subd-O/C -2.06 9774 BIC South Park 6th Subd-O/C -1.94 9778 W/M>srvClassic MiniStorage-O/C -1.52 9782 W/M&Hydmt.>srvArptSleepinn-O/C -1.52 9797 BIC Greystone 2nd Subd-O/C -2.78 9798 BIC WedgewoodHills 4thSubd-OIC -1.52 9802 BIC Orchard Ridge 1st Subd Ph2-O/C -0.97 9805 BIC Summit Pointe 2nd-OIC -1.60 9814 BIC Fox Hill -O/C -1.83 Net Funds Transferred $ 468,668.75 WHEREAS, the above listed projects have been completed and all costs of said improvements have been paid. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Rochester, Minnesota Finance Department- Cary McNallan 11/WD01 N:1Finance\FinExce1iDEE\Prcject Closings.xls1501 RESOLUTION WHEREAS, the following local improvement project funds were created and financed pursuant to Minnesota Statutes, Chapter 429 and balances remaining therein are: fiber Project Description Amount under authority of Minnesota Statutes, Section 429,091, Subd 4 that: 1. The above named funds shall be discontinued and the remaining balances in said funds shall be transferred to the following local improvement project funds: Project Number Project Description Amount 1994 Future Construction 1,920.62 2200 Bitumns Pvmt Rehab w/pci 0-59 227,842.17 2201 StResrfGPresry w/pci60-100 187,533.79 4644 M S A S Construction (trf fir J9406) 51,372.17 Net Funds Transferred 468,668.75 2. The Director of Finance is hereby authorized and directed to put into effect the provision of this resolution as of November 5, 2001. Passed and adopted by the Common Council of the City of Rochester, Minnesota, this 5th day of November, 2001. Attest City Clerk Approved this_day of ,2001. (Seal of the City of Rochester, Minnesota) President of said Common Council Mayor of said City Finance Department - Cary McNallan 11/82001 WTinanceWinFxceINOEMProject Closings.xlsl901 REQUEST FOR COUNCIL ACTION MEETING DATE: 11/19/01 AGENDA SECTION: Consent Agenda/Organizational Business ORIGINATING DEPT: Finance Department ITEM NO. ID _"-- A DESCRIPTION: Assignment of Computer Consulting Services Agreement from Sirius PREPARED BY: Point 5 Soloutions to CD Group Inc. Dale Martinson REQUEST: We are requesting authorization to execute an assignment of our JD Edwards consulting services contract from our current consultant company to a new one that is proposing to buy them out. There would be no changes to the personnel assigned to our project as they would become employees of the new owner. BACKGROUND: In October of 2000, the council approved a consulting services agreement with Sirius Corporation and their subsidiary, Point 5 Solutions to provide implementation assistance on the JD Edwards enterprise system software. We are in the final phases of that implementation, but have just been notified that Sirius plans to sell Point 5 Solutions to a company called CD Group, Incorporated. This new company is in the same JD Edwards consulting business as Point 5 Solutions and they feel customers will benefit by the larger resource base. We do not expect any impact on our project as all of the consultants assigned to our project will become employees of the new company and will continue to be assigned to our project. The rates and all other conditions of the contract remain in effect. RECOMMENDATION: Authorize Mayor and City Clerk to execute the assignment of our consulting agreement with Sirius/Point 5 Solutions to CD Group, Incorporated. INCIL ACTION: Motion by second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11-19-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA PLANNING :M DESCRIPTION: City Council Initiated Annexation Petition #01-22 to annex PREPARED BY: proximately 137.65 acres of City Owned property located along the east and west sides Theresa Fogarty, of 501h Avenue NW and north of 191h Street NW. The land is located in a part of the E1/2 of Planner the NE1/4, Section 30 and a part of the NW1/4, Section 29, Cascade Township November 15, 2001 City Planninq and Zoninq Commission Recommendation: The City Planning and Zoning Commission reviewed this annexation request on November 14, 2001. The Commission found that this property is owned by the City of Rochester and adjacent to the city limits along its northern boundary. The Planning Commission therefore recommends approval of this request. Ms. Wiesner moved to recommend approval of City Council Initiated Annexation #01-22. Mr. Staver seconded the motion. The motion carried 8-0. Planning Department Recommendation: See attached staff report, dated November 7, 2001. The 137.65 acres of land proposed for annexation is owned by the City of Rochester, therefore no taxes were paid for this parcel. Council Action Needed: 1. If the Council wishes to proceed as petitioned, it should instruct the City Attorney to prepare an resolution to be adopted and transmitted to the MN Planning /Office of Strategic and Long Range Planning. Attachments 1. Staff report, date November 7, 2001. 2. Draft copy of the minutes of November 14, 2001 CPZC Meeting Distribution: 1. City Administrator 2. City Clerk 3. City Attorney: Legal Description Attached 4. City Finance Director: Tax Information Attached 5. Planning Department File 6. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, November 19, 2001 in the Council Chambers at the Rochester / Olmsted County Government Center. %.,.,UNCIL ACTION: Motion by: Second by: to: ROUHESTER-OLNISTED PLANNING DEPAKIMENT 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 CC U M T Y OF www.olmstedcounty.com/planning TO: City Planning and Zoning Commission FROM: Theresa Fogarty, Planner DATE: November 7, 2001 e RocxesTex.�,� . '•r DRA TEr) ALIBG VST„S. P' RE: City Council initiated Annexation #01-22 to annex approximately 108 acres of city owned property located along the east and west sides of 50th Avenue NW and north of 191h Street NW. The land is located in a part of the E1/2 of the NE1/4, Section 30 and a part of the NW1/4, Section 29, Cascade Township. Planning Department Review: Applicants/Owners: Report Attachments: Summary & Recommendation: City of Rochester C/O City Administration 201 41h St. SE Rochester, MN 55904-3740 1. Location Map At the request of the City Public Works Department, the City Council initiated annexation of this property on October 15, 2001. The property includes approximately 137 acres, owned by the City which was acquired for Flood Control purposes, surrounding the KR-6 reservoir. The property is adjacent to the city limits along its northern boundary. An Ordinance may be approved to annex this property per MS 414.033 Subd. 2 (1). Staff recommends approval. BUILDING CODE 507/285-8213 - GISIADDRESSING/MAPPING 507/285-6232 - HOUSING/HRA 507/285-8224 .e,.,.. PLANNING/TONING 507/285-8232 - WELL/SEPTIC 507/285-8345 FAX 507/287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Draft Minutes of the City Planning & Zoning Commission Date of Hearing: November 14, 2001 ANNEXATION: NW. The land is located in a part of the E Y2 of the NE 1/4, Section 30 and a part of the NW 1/4, Section 29, Cascade Township. Mr. Brent Svenby presented the staff report, dated November 7, 2001, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Ms. Wiesner moved to recommend approval of City Council initiated Annexation #01-22. Mr. Staver seconded the motion.; The motion `carried 8-0. Page 1 of 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 11 /19/01 AGENDA SECTION- ORIGINATING DEPT' ITEM NO_ CONSENT AGENDA Public Works — M DESCRIPTION: Railroad Crossing Agreement with MnDOT and DM&E PREPARED BY: R. Freese lk MnDOT is recommending the replacement of the existing grade crossing warning device at the 15" Avenue NE crossing with the DM&E Railroad. MnDOT has determined that the existing grade crossing warning devise is no longer adequate pursuant to the requirements of Minnesota Statutes 219.39. MnDOT has determined that the warning device needs upgraded flashers and circuitry. MnDOT and DM&E have worked out a cost share agreement for the upgrade of the warning device at this crossing. MnDOT and DM&E will share in the cost of the work. The City's only obligation is for a road detour if one is needed for the work. The City would be responsible for the road detour signing. Public Works staff have reviewed a copy of an Agreement prepared by MnDOT, pursuant to Minnesota Statutes 161.20 for the upgrade of the railroad grade crossing. Staff recommends approval of the agreement. COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the Agreement with MnDOT and DM&E for the upgrade of the 15tb Avenue NE grade crossing warning device. 1NCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11 /19/01 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT- Public Works ITEM NO. -' _ ', 2 M DESCRIPTION: Professional Services Agreement Amendment for the PREPARED BY: Preparation of Storm Water Management Plan B. Huberty In July 2001, the Rochester City Council approved the execution of a professional services agreement with Bonestroo, Rosene, Anderlik and Associates to prepare three addenda for Rochester's Storm Water Management Plan. The areas to receive additional evaluation for storm water management purposes were the Bear Creek, the Northwest Territory, and the Hadley Valley Sewer Service Areas. The original agreement which was executed on 7/3/01 was for a Total Not to Exceed Cost of $149,798. As work has proceeded in the Northwest Territory Sewer Service Area, it has been determined that an expansion of the NWT study area would be prudent for two reasons: 1) The development potential in this area that will be stimulated by the forthcoming reconstruction of the Essex Park Lift Station, and 2) The impact of this portion of the sub -watershed on the channel conveyance capacity at TH 52. The proposed study area expansion would add 1429 acres, beyond the original 6113 acres previously identified as the study area as shown on the attached map. The contract amount for this amendment is $10,750 that will be funded by the Storm Water Management Voluntary Contribution Fund (J2472). COUNCIL ACTION REQUESTED: Authorize the Mayor and the City Clerk to execute an amendment to the Professional Services Agreement with Bonestroo, Rosene, Anderlik, and Associates to prepare addenda to the Rochester Storm Water Management Plan to increase the size of the Northwest Territory study area by 1429 acres. COUNCIL ACTION: Motion by: Second by: to: H:GSIo rmwate r\B RAAC ontractAmen dRCA.d oc 35- A M� a rfAal - i� REQUEST FOR COUNCIL ACTION MEETING DATE: 11 /19/01 AGENDA SECTION: ORIGINATING DEPT! ITEM NO. CONCENT AGENDA Public Works T� . J _M DESCRIPTION: Municipal State Aid Segment Addition: Bandel Road NW. PRAREI D BY: EP D.Nelson ut At the August 6, 2001 Council meeting, the council approved the design for the "Reconstruction of Bandel Road NW from 57th St NW to 651h St NW" J-9815 This project is included in the City's Capital Improvement Program (pg 34, item #25). Funding for the local share of the project is anticipated from Municipal State Aid funds. As such, we need to request the Commissioner of Transportation to approve adding this segment to the City of Rochester's VISAS system. The following road segments should be added: Bandel Road NW 1.0 miles from 65th St NW to 65th St NW and along 65th St from TH 52 to intersection of Bandel Rd & 65th St. COUNCIL ACTION REQUESTED: Adopt a resolution adding Bandel Road NW from 65th St NW to 65th St NW to the City's Municipal State Aid System and provide this resolution to the Commissioner of Transportation for his approval. UNCIL ACTION: Motion by: Second by: to: 3 7 Bandel Rd Seament add to MSAS / � i REQUEST FOR COUNCIL ACTION MEETING ✓� DATE: 11 /19/01 AGENDA RECTION- ORIGINATING DEPT- ITEM NO. CONSENT AGENDA Public Works A DESCRIPTION: Feasibility Report for Sanitary Sewer and Watermain to Serve the Southtown Heights Subdivision Area, J9791 PREPARED BY: F J. Loehr This is the Feasibility Report for the construction of sanitary sewer and watermain to serve the Southtown Heights Subdivision Area in a project described as follows: Proiect No. M1-30, J9791 "Sanitary Sewer and Watermain Extension to Serve the Southtown Heights Subdivision Area." The estimated construction costs and expense of this project are as follows: Sanitary Sewer and Watermain $ 895,085 Service Connections 64,615 Sub -Total $ 959,700 Engineering/Interest/Contingencies 287,910 Total Estimated Project Cost $1,247,610 The Southtown Heights Area sewer and water extension project is included in the proposed 2002 Capital Budget. The Southtown Heights Area was annexed by the City of Rochester in 2000. The annexation of the Area was approved by the State Planning Agency in December 2000. The annexation became effective on January 1, 2001. Therefore, an Orderly Annexation Agreement with Rochester Township is not required. The project is proposed to be funded from sewer and water connection charges (Utility Connection Agreements), Sales Tax revenue and future Watermain Connection Charges that will be included in Developer/City-Owner Contract Agreements for new development that will occur in property adjacent to Southtown Heights. COUNCIL ACTION REQUESTED: 1. Adopt a resolution accepting the Feasibility Report. 2. Adopt a resolution establishing a Project Hearing for December 17, 2001. Attachments: Feasibility Report Location Map INCIL ACTION: Motion by: Second by: to: REPORT ON THE FEASIBILITY OF PROPOSED LOCAL IMPROVEMENT PROJECT SANITARY SEWER & WATERMAIN TO SERVE THE SOUTHTOWN HEIGHTS SUBDIVISION AREA. November 13, 2001 Honorable Mayor & Common Council City of Rochester, Minnesota A petition for sanitary sewer and watermain to serve the Southtown Heights Subdivision Area was forwarded by the City Council at their meeting of April 19, 1999 to the Public Works Department for the preparation of a Feasibility Report. The petition was checked and found to be in proper form and was signed by 39 of 50 property owners of lots containing a single-family residential dwelling. This represents 78.0 percent of the single-family residential lots within the Southtown Heights Area that are eligible to participate in the City of Rochester, Water Quality Protection Program adopted by the City Council on December 21, 1998. The Southtown Heights Area also includes 6 undeveloped single-family residential lots. Feasibility Report We report that the above referenced project is feasible and recommend its construction. The location of this project is within an area of existing single-family residential development that currently lacks public sanitary sewer and watermain. A majority of the septic systems and wells within the Area were constructed prior to the State of Minnesota and Olmsted County having any requirements or standards for construction of septic systems and wells. The lots are typically under %s acre in size and are unable to absorb the nitrates created from the septic systems. There is an increasing threat of contamination to the City of Rochester's ground water supply as the existing septic systems and wells begin to fail. This project would allow property owners of lots containing existing single-family residential dwellings to connect to public sanitary sewer and water systems rather than replacing their old systems when they fail. This project also allows the undeveloped single-family residential lots to develop with public sewer and watermain The costs of this project are proposed to be recovered through sanitary sewer and watermain connection charges (Utility Connection Agreements), sales tax revenue appropriated to the City of Rochester, Water Quality Protection Program for existing single-family residential lots, and watermain connection charges for a watermain extension from Greystone development through 40 acres of undeveloped property lying between Greystone and Southtown Heights. The proposed project consists of the installation of 8-inch sanitary sewer lines, 8-inch watermain lines, and sewer and water service connections, to serve the Southtown Heights Subdivision Area. Public sanitary sewer is currently available in the West Frontage Road of South Broadway at the southeast corner of Southtown Heights. Sanitary sewer will be extended from that location to serve Southtown Heights. Therefore, an extension of trunkline sanitary sewer is not required to serve the Southtown Heights Area. Main level watermain is currently available in the West Frontage Road of South Broadway at the southeast corner of Southtown Heights. This watermain can be extended to serve those Southtown Heights properties located in the main level service area (east 1/2 of Southtown Heights). High-level watermain is currently available in Greystone Subdivision that is located approximately 1300 feet west of Southtown Heights. This watermain must be extended to serve those Southtown Heights properties located in the high-level water service area (west 1/2 of Southtown Heights). This cost can be recovered as connection charges in the future as this 40-acre parcel develops. Applicable Connection Charge Rates and per Lot Cans Since the Southtown Heights Subdivision Area petition was received prior to August 1, 1999, the date that the Water Quality Protection Program rates and per lot caps were adjusted by the change in the Engineering News Record Construction Cost Index as measured in the Minneapolis/St. Paul area during the preceding calendar year, the Department of Public Works recommends that the sanitary sewer and watermain connection charges for this project be based on the connection charge rates and per lot caps in affect at the time the petition was received by the City as follows: • Maximum sanitary sewer and water connection charge rate of $66.30 per foot of frontage. • Maximum sewer and water connection charge per lot cap for a developed lot that contains a habitable single family dwelling unit shall be as follows: 1) maximum $8,160 per lot for any developed lot 1/2 acre or less. 2) $8,160 per lot, plus $0.19 per square foot for any developed lot greater than %s acre up to 1-1/2 acre. 3) maximum $16,320 per lot for any developed lot 1-1/2 acre or larger. The estimated construction costs and expenses of the project made without completed plans or sun,ev are as follows: Sanitary Sewer and Watermain $ 517 640 High -Level Watermain from Greystone 145,340 Sewer Service Connection Stub -Outs $750 per service x 56 services 42,000 Water Service Connection Stub -out $750 per service x 56 services 42,000 Roadway Restoration, Seed & Sod 428,155 Temporary Neighborhood Access Road 72,475 $1,247,610 The estimated project costs are proposed to be funded as follows: Utility Connection Agreements $ 457,416 Sales Tax Revenue (see below) 644,854 Watermain Connection Charges (new development) 145,340 Estimated Cost of the Project $1,247 610 Amount of sales tax revenue required for the Proiect: Sales Tax (Rate Cap and per Lot Cap) $ 569,854 Sales Tax (Sewer Service Stub -Out Allowances) 50 services x $750/sery 37,500 Sales Tax (Water Service Stub -Out Allowances) 50 services x $750/sery 37,500 Estimated Amount of Sales Tax Funding Required for Construction of Project $644,854 Estimated additional sales tax revenue required for work on private property Of the 56 lots within the project area 50 lots contain a single-family residential dwelling. These lots are eligible for Allowances through the Water Quality Protection Program as follows: Sewer Service Lateral 50 lots x $1,000 per lot $ 50,000 Water Service Lateral 50 lots x $1,000 per lot $ 50,000 Well Closure 50 lots x $1,100 per lot $ 50,000 Septic Closure 50 lots x $ 500 per lot $ 25,000 Private Force 4 lots x $4,000 per lot $ 16,000 Estimated Amount of Sales Tax Revenue Required for Allowances $ 191,000 For Work on Private Property Estimated sales tax revenue required for construction of Proiect and Allowances Estimated Amount Sales Tax Revenue for Construction of the Project $ 644,854 Estimated Amount of Sales Tax Revenue Required for Allowances $ 191,000 Estimated Amount of Sales Tax Revenue Required for Construction of the Project and $ 835,854 Allowances for Work on Private Property We recommend that the necessary funding to construct sanitary sewer, watermain and service connections in the Southtown Heights Subdivision Area be done so in accordance with the City of Rochester's existing sanitary sewer and watermain connection charge policies and the Water Quality Protection Program. Property owners that desire to participate in the Water Quality Protection Program and the benefits contained therein, are required to: 1. Enter into a Utility Connection Agreement with the City within three (3) years of the date the City initiates the project. 2. Connect the existing single-family residential dwelling to the public sewer and water systems within five (5) years of the date of project initiation. 3. Statement of Annexation: The City of Rochester annexed the Southtown Heights Subdivision Area and other lands in Rochester Township that were 100% surrounded by the City. The Minnesota State Planning Agency approved the annexation in December 2000. The action taken by the State Planning Agency is currently being challenged in District Court by 12 property owners in the surrounded area. In addition the situation with regards to revisions to annexation laws in the legislation session will be uncertain until the session ends. Despite these uncertainties, the staff recommends that the City Council proceed to accept this Feasibility Report and authorize that the project be constructed. The City utility services are badly needed in this subdivision. We remain optimistic about the resolution of the uncertainties. In addition our Utility Connection Agreement language would require the owners to grant the City authority to annex the property in the future, should the State Planning Agency previous decision of the annexation be overturned. for your consideration: Approved: hr, Richard Freese, Protection Program City Engineer Project BUDGET AND ASSESSMENT SCHEDULE FOR CONSTRUCTION CONTRACT Project No: MI-30 J No: 9791 Date (Orig.) 11/13/2001 Description: Sanitary Sewer & Watermain Extension to Serve Southtown Heights Subdivision Area Construction Sanitary Sewer & Watermain Service Connections High -Level Watermain from Greystone Subd Roadway Restoration, Seed & Sod Temporary Neighborhood Access Road Construction Cost Engineering/Interest/Contingency Total Construction & Expense Cost Distribution Anticipated Utility Connection Agreements Watermain Connection Charges High Level Watermain from Greystone Future Development Sales Tax Funding TOTAL Make Initial Disbursement from P. I. R. Fund Project Contract Final Budget Cost Cost $ 398,185 64,615 111,800 329,350 55,750 959,700 287,910 $1,247,610 $ 457,416 145,340 644.854 $1,247,610 kEE v3ar wolHlnos 3HL 3Aa3s of • sxHM a a31vM P 83M3s Aavl Hvs ` YZ IUD MS 13 Noll 3 gp � 3 S 1NON3a a m / P Z a _ D i---I----v7-- I i �'�_ l l I I 1 1 1 � �• REQUEST FOR COUNCIL ACTION MEETING DATE: 11 /19/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works T, _�2/ M DESCRIPTION: Award of Contract: Asbestos Removal Eastwood Village P EPARED BY. Apartments, J 2068. D. Nelson Bids were received and opened after 4 p.m., November 13, 2001 for the following local improvement project: J 2068 Asbestos Removal in Four (4) Eastwood Village Apartments. The following bids were received: EnviroTech Remediation Services $7,320.00 (low) Veit Environmental, Inc. $9,442.00 Danwick Poole Environmental $10,000.00 After removal of asbestos containing building materials has been completed a contract will be bid for the demolition of the four structures. Asbestos removal is scheduled to be completed by December 15, 2001. COUNCIL ACTION REQUESTED: If the council wishes to proceed, a resolution should be adopted awarding the contract to EnviroTech Remediation Services, Inc. Roseville, MN, for $7,320.00. JNCIL ACTION: Motion by: second by: to: Nov 14 01 08:56a McGHIE&BETTS INC 507-289-7333 P•� Rochester Minnesota Environmental Site Investigations. Management & Design Asbestos, Lard, & Other Hazardous Materials Wetland Delineation & Permitting Indoor Air Quality Geological Hazards UST & Spills Environmental Assessment Worksheet & Impact Statements VIC (VOlUl'taty Investigation & Clean UPI 1648 Third Avenue S.E. Rochester, MN 55904 Tel. 507.289.3919 Fax. 507,289,7333 November 13, 2001 Mr. Doug Nelson Rochester City Engineer Rochester City Hall 201 4 h Street SE, Room 108 Rochester, MN 55904 Re: Eastwood Apartments Asbestos Project Bid Recap Dear Mr. Nelson: In accordance with your authorization we have prepared specifications for the removal of the friable asbestos sheet flooring at 1950, 2024, 2032 and 2048 8'/2 Street SE, buildings in the Eastwood Apartment complex, We invited four qualified bidders to attend the November 9 pre -bid. At 4:00 PM on November 13 I received bids via FAX from three bidders, no bids were received in the office of the City Clerk. A recap of the bids is presented below: $ Contractor $7,320.00 EnviroTech Remediation Services, Inc, Roseville, MN $9,442.00 Veit Environmental, Inc, Rogers, MN $101000.00 Danwick Poole Environmental, Rochester, MN No bid MAVO Systems Based on the bid results we recommend awarding the bid to Enviro Tech as the lowest qualified bidder. Sincerely, McGhie & Betts Environmental Services, Inc. Jeff4 S. rober ;LPG Vice President Minnesota Licensed Professional Geologist # 19 Minnesota Licensed Asbestos Project Designer #PD3042 cc: Judy Sheer, City Clerk Bidders, e-mailmcghiebetts corn Established 1991 110v 19 u1 ua:5ba McUH1ln&dEI Ib INC 507-289-7333 p.3 November 14, 2001 Mr, Harley Foster EnvironTech Remediation Services, Inc 2958 North Cleveland Ave Roseville, MN 55113-1199 Re: Contract Award City of Rochester Public Works Eastwood Apartments. R o c h e s t e r Dear Mr, Foster: M i n n e s o t a Congratulations, In accordance with the authorization of the City of Rochester Public Works Departmetn I am notifying you that EnviranTech has been selected for the contract to complete the asbestos abatement for the Eastwood Apartments in Rochester. Environmental Site We are completing the contract documents based on your bid of $7,320.00 for work that Investigations. Management will be completed before December 15, 2001. To process the contract please provide us & Design with a Certificate of Insurance and a Performance and Surety Bond for the contract Asbestos, Lead, &other amount. The contract will be available for your signature as early as Tuesday, Ha idous Materials November 20. Weiland Delineation & Permitting Start of work can commence as early as possible pending the submittal of your NOI and Indoor Air Quality submittal of all necessary contract documents. • Geological Hazards If you have further questions or comments please contact me at McGhie &Betts UST & spills (507)289-3919. Environmental Assessment Worksheet Sincerely: & Impact Statements VIC Voluntary investigationMcGhie & Betts Environmental Services, Inc. & Clean Up) J\` � Q, 7efirey B ober , LPG, REM Vice President Minnesota Licensed Asbestos Project Designer #PD 3042 Minnesota Licensed Professional Geologist #30019 Registered Environmental Manager #3009 Cc: Judy Scheer, City Administrator, City of Rochester MN Doug Nelson, City Engineer Susan LeGare —Gulden, Rochester Building and Safety 1648 Third Avenue S.E. Rochester, MN 55904 • Tel 507.289.3919 Fax. 507.289,7333 e-mail. mcghiebetts.com Established 1991 REQUEST FOR COUNCIL ACTION MEETING DATE: It-19-01 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: Public Works M DESCRIPTION: IVC Parking for Resident at 811 8th Avenue SE ITEM NO. 1 — jc� PREPARED B �R D. Rossman The City has received a request from Mr. Kevin Chinn (529-0799) of 811-8th Avenue SE to designate a handicapped -parking stall at his place of residence. This is needed to accommodate parking for his family. His dwelling shares a driveway with a neighbor. There are times when it is not available and the curbside spaces are full. This area is presently unrestricted. There is a parking lane along with an 11-foot traffic lane. Traffic volumes are 2,100 vehicles per day. This has also been reviewed by the City Police Department staff, which agrees with the recommendation. Staff would recommend in favor of the request. .V= COUNCIL ACTION REQUESTED: Adopt the prepared resolution making the following changes to the Comprehensive Traffic and Parking Resolution book: 1) Add paragraph (8) of section C "Special Parking Zones' (Zone A - General) to read; (8)8 In Avenue SE, on the west side, (1 stall for handicapped parking) in front of the premise known as 811 8th Avenue SE. INCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING 1 DATE: 11 /19/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works T `, :M DESCRIPTION: Development Agreement — Heim Property Elmcroft 4 area. PREPARED BY: M. Nigbur The Owner, Jim Heim, owns existing lots in the Elmcroft 4tn Subdivision and wishes to further develop them. Mr. Heim and City Staff have had discussions relating to impacts of the development of the property on the surrounding infrastructure. Based on our discussions, the content for a development agreement has been decided and a document has been created. The major items covered in the agreement include the following: • Pedestrian facilities within and abutting the development. • Owner's payment of the assessments, development/connection related charges including SAC, WAC, connection charges, future pedestrian facility charges, Park Dedication, and Storm Water Management. Staff recommends the Council approve the Development Agreement. The Owner has executed the agreement. J 25 ST SW il i t iol Elm VIEW PL SW ei FIAICROFf DR 3W COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the Development Agreement with Jim and Carla Heim. JNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING / ?t9 DATE: 11/W01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENTAGENDA Public Works 41 M DESCRIPTION: Development Agreement — Stonehedge Development with Sherm PREPARED BY: Stoflet M. Nigbur Till' The Developer of land, located North of Circle Drive NE lying West of Century High School, and City Staff have had discussions relating to impacts of the project on the surrounding infrastructure. Based on the discussions, the content for a development agreement has been decided and a document has been created. The major items covered in the agreement include the following: • Pedestrian facilities within and abutting the development. • Traffic Improvements including right of way dedication, signage, traffic signal, bus shelter location, provisions for secondary access and controlled access. • Utility extensions and water booster station site • Park and storm water facility dedication • Private Lift Station construction, maintenance and removal • Owners payment of the assessments, development/connection related charges including SAC, WAC, Storm Water Management, and Area Street Improvements. Staff recommends the Council approve the Development Agreement. The Developer has executed the agreement. 35th Street NE ZProperty r Plateau Drive/Rocky Creek Drive °a Intersection y 3 East Circle Drive NE 16th Avenue NE �W z _--- -------— LLhNo S h COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the Development Agreement with Sherm Stoflet for the Stonehedge Development. UNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE ,�D 11/19/01 AGENDA SECTION, ORIGINATING DEPT! ITEM NO. CONSENT AGENDA Public Works � DI _ �2 M DESCRIPTION: Real Estate — Settlement Agreement for Right of Way Acquisition PREPARED BY: for the Badger Run Sewer Project — J9745 M. Nigbur }�71 The City's WQPP project to extend sanitary sewer to serve portions of Marion Township required the procurement of easements. City staff pursued acquisition of the needed property using the state acquisition requirements. Based on the continued negotiations between the City and the Owner a preliminary settlement has been reached. The terms of the settlement include payment of $2,000 per average size acquisition and $2,500 for larger acquisitions. By settling on the acquisition cost with the Owners the City has avoided the cost of condemning these properties. The following property Owners have agreed to provide the easement in exchange for payment: • Mr. Randy Reynolds $2500 • Mr. Todd Fiedler $2500 7t-7 _ _{ s r�� z+szs I I a , a Sewer Line -- � (( BEIA L 2557¢E- Fiedler -W Pro ert ood oR e P y og k u Reynolds a Property -� 6~Vr 12'S SE k as COUNCIL ACTION REQUESTED: Authorize the payment for the needed easements for the above referenced property owners. JNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING ✓ //yy DATE: 11401 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works, M DESCRIPTION: Variance Request: (J9578) PR AIRED BY: Improvements to 50th Ave NW. (J-9578) R. Kelm t2k This is a request for a resolution regarding a variance for the following: WHEREAS, the City of Rochester proposes to reconstruct 50th Avenue NW from a point 2,307 feet south of the Northwest Corner of Section 17, Township 107N, Range 14W to 65th Street NW as project SP 159-080-09; and WHEREAS, Minnesota Rules 8820.9920 requires that the minimum design speed for Rural and Suburban reconstruction projects is 40 miles per hour; and WHEREAS, the City of Rochester proposes to reconstruct the southernmost 250 feet of the project, where it matches into the existing gravel roadway, to a design speed of 30 miles per hour in lieu of the required 40 miles per hour called for; NOW, THEREFORE, BE IT RESOLVED that the City of Rochester requests a variance from the Geometric Design Standards; Rural and Suburban Reconstruction Projects for design speed , as specified in Minnesota Rules 8820.9920, as they apply to the southernmost 250 feet of proposed project SP 159-080-09; and FURTHERMORE, the City of Rochester indemnifies, saves, and holds harmless the State of Minnesota and its agents and employees of and from claims, demands, actions, or causes of action arising out of or by reason of the granting of this variance. COUNCIL ACTION REQUESTED: A resolution should be adopted authorizing the variance. COUNCIL ACTION: Motion by: second by: to: S r� REQUEST FOR COUNCIL ACTION MEETING DATE: 11/19/01 AGENDA SECTION' ORIGINATING DFPT- ITEM NO CONSENT AGENDA Public Works T, r W DESCRIPTION: Owner Contract — Basic Construction in Royal Plaza Subdivision PREPARED BY: (J9634) 1k)( M. Baker Staff would offer the following Owner Contract project for consideration by the Council: Dakota of Rochester, Inc. (Owner) & Road Constructors, Inc. (Contractor) are requesting a City / Owner Contract J9634 consisting of "Basic Construction in Royal Plaza Subdivision". 55th St NW B Z w. ¢ 'E L 0 W; r� COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9634 "Basic Construction in Royal Plaza Subdivision". JNCIL ACTION: motion by: Second by: to: r, REQUEST FOR COUNCIL ACTION MEETING DATE: 11 /19/01 AGENDA SECTION, ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works _ ) — a'? A DESCRIPTION: Owner Contract — SS & WM to Serve L6, B1, Replat of p/o B3, R PARED BY: Knollwood Acres (Whitter & Woods Property) (J9821) J M. Baker `�h Staff would offer the following Owner Contract project for consideration by the Council: Sarasota Consulting, Inc. (Owner) & Jech Excavating (Contractor) are requesting a City / Owner Contract J9821 consisting of "Sanitary Sewer & Watermain to Serve Lot 6, Block 1, Replat of part of Block 3, Knollwood Acres (Whitter & Woods Property)". 21 st St SW T 3 a m 0 2 Whitter` & Woods Property,,:-, o co COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract forJ9821, "Sanitary Sewer & Watermain to Serve Lot 6, Block 1, Replat of part of Block 3, Knollwood Acres (Whitter & Woods Property)". INCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11/19/01 AGENDA SECTION: CONSENT AGENDA M DESCRIPTICN: Owner Contract— Basic C Commercial Park (J98661 ORIGINATING DEPT: ITEM NO. Public Works — a9 PRPPARED BY: A,J R. Freese Staff would offer the following Owner Contract project for consideration by the Council: DeWitz Construction, Inc. (Owner) & Elcor Construction, Inc. (Contractor) are requesting a City / Owner Contract J9866 consisting of "Basic Construction in Diamond Ridge Commercial". COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9866 "Basic Construction in Diamond Ridge Commercial Park". UNCIL ACTION: Motion by, Second by: to: ,-, REQUEST FOR COUNCIL ACTION MEETING J(,O DATE: 11 /19/01 AGENDA SECTION: ORIGINATING ❑EPT: ITEM NO. CONSENT AGENDA Public Works M DESCRIPTION: STORMWATER MANAGEMENT AGREEMENTS PREPARED BY: L M. Baker 1�z The Department of Public Works has received a request on two (2) properties, to voluntarily participate in the City's Regional Storm Water Management Plan (SWMP). This department has reviewed the information for these properties and has determined that there is support for participation. The Owners of the following properties have requested voluntary participation in the City's Plan, with the applicable participation fees as follows: • Robnik, LLP (2027 East River Road NE) (SDP#01-78) $5, 025.57 • Olmsted Medical Center (1650 4th St SE — South Parking Lot) (SDP#01-84) $9,656.95 The Owners of these properties have already provided payment for its respective charges. These funds will be deposited upon acceptance by the Council for the property to participate in the City's Plan. COUNCIL ACTION REQUESTED: Adopt a Resolution accepting voluntary participation by the above noted properties, in the City's Regional Storm Water Management Plan. JNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION j ( MEETING 11-19-01 DATE: ArFNnA SFCTInN- nRIMNATINr; nFPT- ITFM N2 CONSENT AGENDA PUBLIC WORKS - 3/ m AGREEMENT FOR PARK & RIDE LOT/ BETHEL LUTHERAN PRFPARFn RV CHURCH A KNAUER This is a recommendation to renew an agreement with Bethel Lutheran Church at 810 3Id Avenue SE to use their west parking lot for the period 1/1/2002 through 12/31/2002 for a park and ride facility. Under the agreement Bethel provides up to 97 spaces for persons to park and ride the City bus into the downtown. The lot owner is paid for spaces sold on a basis of $10.00 per space up to 85 spaces. (The last 12 spaces are free to the program.) The spaces are available Monday through Friday, 6:00 a.m. until 6:00 p.m. The agreement can be terminated by either party with 30 days notice. REQUESTED COUNCIL ACTION Adopt the prepared resolution approving an agreement with Bethel Lutheran to establish a park and ride during 2002 in the 800 block of 3rd Avenue SE. ^^"NCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11 /19/01 AGENDA RFCTION- CONSENT AGENDA M DESCRIPTION: Land ORIGINATING DEPT, Public Works Avenue NW (J ITEM NO. PREPARED BY: 4V M. Nigbur City staff pursued acquisition of the needed property using the state acquisition requirements. Based on the continued negotiations between the City and the Owner a preliminary settlement has been reached. The terms of the settlement include payment to the Owners. By settling the acquisition with the Owners the City and Owners have avoided the cost of condemning these properties. The following property Owners have agreed to provide the right of way in exchange for payment:: • Mr, and Mrs. Maidal settlement amount $34,000 (appraised value was $24,200) — The increase in the value is attributable to a change in the method of appraisal for the property. The City's consultant used different methods of valuations on several different properties. In the negotiations the Owner wished to have their property valued in a manor which was consistent with others in the corridor. In discussion with our consultant they concurred the Owner's request was not unreasonable. Therefore Staff proceeded to negotiate a settlement using this alternate appraisal method. Authorize the payment for the needed land rights for the above referenced property owner REQUEST FOR COUNCIL ACTION AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: Public Works M DESCRIPTION: Parking Restriction: 900 block of 2nd Street NE MEETING 57 DATE: 11-19-01 ITEM NO. -33 PREPARED BY:,. J _ D. RossmanfC The City has received a request through the area Councilperson, originating from two residents of this block, to restrict parking on the north side of 2"d Street NE/900 block. Contributing factors to this request are narrow street width and a high incidence of on -street parking. The pavement on 2"d Street NE is 30 feet wide. This width allows 2 through lanes of traffic- one in each direction- with a parking lane on one side. The average daily traffic is around 300 vehicles per day. Parking is allowed along both sides of the street. Employees from nearby businesses use on -street parking. When vehicles are parked on both sides of the street, travel width is restricted resulting in congestion, as well as concems about emergency access, and visibility when entering/exiting the alley. Staff would recommend in favor of the residents' request. i I 1 --- - L an ____— mn COUNCIL ACTION REQUESTED: Adopt the prepared resolution adding paragraph (63.7) of section B "No Parking Zones" to read; (63.7) Second Street NE on the north side of the street from 9t" Avenue to 101" Avenue, at all times. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE - 11/19/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENTAGENDA Public Works M DESCRIPTION: Owner Contract — Stormsewer Extension to Serve the Home PR ARED AB Federal Savings Bank (J9870)M. Bak Staff would offer the following Owner Contract project for consideration by the Council: Home Federal Savings Bank, a Federally Chartered Savings Bank (Owner) & Knutson Construction, Inc. (Contractor) are requesting a City / Owner Contract J9870 consisting of "Stormsewer Extension to Serve the Home Federal Savings Bank (55th St NW)". 55th St NW Home Federal Savings Bank J9870 COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9870 "Stormsewer Extension to Serve the Home Federal Savings Bank (55th St NW)". JNCIL ACTION: Motion by: Second by to: REQUEST FOR COUNCIL ACTION 6/ ' DATE: 11-19-01 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: Public Works ITEM NO. — 3� =M DESCRIPTION: Engineering Service Agreement for Restoration of Civic Center PREPARED BY: Ramp and Third Street Ramp D. Rossman I This is a recommendation to retain the firm of Buildings Consulting Group, Inc (BCG) to provide professional engineering services for City Project 8215-38-02 (J2583) — Restoration #1 of Third Street Ramp And City Project 8215-39-02 (J2578) — Restoration #2 of Civic Center Ramp. BCG has conducted this type of work once before for the City of Rochester in 1999 in a satisfactory manner. For this project they have teamed up with HGA of Rochester and AGA of Minneapolis for specific advise in electrical and mechanical areas. These projects are listed in the City's Capital Improvement program. The ramps will be 4 and 9 years old respectively in 2002. Presently structural surveys are conducted once every 4 years. Any minor repairs that are needed will be documented, and the cause of stress will be determined and a repair estimate will be developed. The cost of this survey is budgeted in the respective J-accounts. BCG will conduct the following professional services: 1. A visual condition survey, chain drag with soundings, and documentation of location of stress of the top & bottom of all supported decks; all columns, walls, and beams; structural connections; expansion joints; and adjacent stair towers. 2. Obtain concrete dust samples on each deck to determine dissolved chloride ions. 3. A condition survey of the electrical and mechanical HVAC, drainage, elevators, fire protection system, energy management systems and parking control systems. 4. Prepare a report on the results of the survey, photographs, cause of distress, recommended repairs, estimated cost of repair, and the capability of the structure to continue to safely support the imposed loads. The fee for this work is $ 11,200 plus reimbursable expenses. The schedule is to complete the inspection work and report by January, receive repair bids in March and conduct the actual repair work in mid summer. Proposals for this work were received from 2 other firms. BCG's proposal is recommended based upon timeliness, experience of the proposers with the 3rd Street Ramp, and their past work on City ramps for similar work. COUNCIL ACTION REQUESTED: Adopt the prepared resolution authorizing City Officials to accept the proposal of "Buildings Consultant Group, Inc of 2817 Anthony lane S, Suite 201 Minneapolis Mn 55418; to provide Professional Engineering Services for City Project 8215-38-02 (J2583) — Restoration 41 of Third Street Ramp; And City Project 8215-39-02 (J2578) — Restoration #2 of Civic Center Ramp COUNCIL ACTION: motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING (pJ, DATE: 11 /19/01 AGENDA RECTION: ORIGINATING DEPT: ITEM NO. , Consent Public Works I !� J M DESCRIPTION: Contribution Agreement— Jim and Michelle VanEss 11 Avenue p EPARED BY: SW M. Nigbur� The Owners have indicated they may develop the property as a residential development and connect their new home to public utilities. The Owners have requested to enter into a Contribution Agreement with the City, to address their financial obligations for the connection of the home and the potential costs related to development of their property. City Staff have prepared, and the Owner's have executed, a Contribution Agreement as discussed above. Staff recommends the Council approve the Contribution Agreement. 1 1 j I Z .;'"COhYE r'INE'DR5W �,,---� -- ,NI I , i i Vaness Property Driveway j Sander Pro ert — f I � I � COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the Contribution Agreement for the VanEss property on 111h Avenue SW 1NCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11/19/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda City Administrator D - 3-7 DESCRIPTION: Findings of Fact & Conclusions of Law related to Conditional Use PREPARED BY: Permit # 98-05 T. Spaeth At the November 5, 2001 City Council meeting, the Council held a public hearing to reconsider the bituminous batch plant included in Restricted Development CUP # 98-05 Upon review of the record, the City Attorney has prepared findings of fact and conclusions of law and order relating to said matter. Attached for the Council's review are the findings of fact prepared by the City Attorney. ATTACHMENTS: Copy of City Attorney prepared Findings of fact and Conclusions of law dated November 13, 2001. COUNCIL ACTION REQUESTED: The Council may adopt, modify or revise the findings of fact, conclusions of law and order as needed. COUNCIL ACTION: Motion by: second by: to: OFFICE OF THE CITY ATTORNEY .' MEMORANDUM DATE: November 13, 2001 TO: Stevan E. Kvenvold — City Administrator FROM: Terry L. Adkins — Rochester City Attorney -0 SUBJECT: Findings of Fact for Conditional Use Permit #98-05 On November 5, 2001, the Council held a public hearing to reconsider the bituminous batch plant included in Restricted Development Conditional Use Permit #98-05 for property located south of 40t' Street S.W., west of Trunk Highway 63. Following the hearing, the Council directed me to prepare draft Findings of Fact, Conclusions of Law and Order and to bring this document back to the Council for its review and consideration. As further instructed by the Council, I prepared the Findings document so as to determine that the applicant had voluntarily withdrawn his request for a continuation of the bituminous batch plant operation as part of this conditional use permit. I enclose that draft document for presentation to the Council. The Council may adopt, reject or modify the document as it pleases. Enclosure BEFORE THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA In Re: Restricted Development Amendment to Conditional Use Permit #98-05 by Franklin P. Kottschade Amended Findings of Fact, Conclusions of Law, and Order On November 5, 2001, the City of Rochester Common Council conducted a public hearing, upon notice to the public, to reconsider a portion of a Type III, Phase II Amendment to Restricted Development Conditional Use Permit #98-05. The portion of the Amendment under reconsideration allows Franklin P. Kottschade ("Applicant") to operate a portable bituminous drum mixer facility ("Bituminous Plant") on a portion of the property bounded by 40th Street S.W., Trunk Highway 63 South, 11th Avenue S.W., ("Site"). On March 15, 1999, the Council gave temporary approval of that portion of the permit concerning the Bituminous Plant so that it could revisit the Bituminous Plant's operation after it was in place. The Council later extended the Bituminous Plant's expiration date to November 6, 2000, and then to November 5, 2001. This hearing occurs in response to the November 5, 2001, expiration date. At the hearing, the President of an adjacent property owner, John Arnold, appeared and testified. An interested neighbor also appeared and testified. The Applicant did not appear at the hearing. 1 Based upon the evidence presented at all of the public hearings, the Common Council of _*e City of Rochester does hereby make the following findings of fact, conclusions of law, and order FINDINGS OF FACT 1. This matter is properly before the Common Council pursuant to R.C.O. §60.532(5) and Minn. Stat. §462.3595, subd. 2. 2. Franklin P. Kottschade applied for a Type III, Phase II Amendment to Restricted Development Conditional Use Permit #98-5 so as to allow for the following modifications to Permit #98-5: a) extension of the area designated for processing of granular materials by 9.4 acres to the west; b) addition of a bituminous batch mixing plant, the location of which would be limited to the most easterly part of the processing area and that includes the following: addition of traffic associated with the bituminous plant, processing of materials originating off -site as needed for producing and processing the bituminous and an extension of the hours/days of operation limitations for the bituminous plant from 7:00 am to 5:00 pm, Monday through Friday that currently applies to processing on -site to allow the plant to operate 7:00 am to 7:00 pm, Monday through Friday and on Saturdays as needed; c) modification of haul roads; and d) addition of stock pile locations 3. Following its January 27, 1999, public hearing, the Planning and Zoning Commission considered the testimony, applied the applicable criteria and recommended denial of the Applicant's request. 2 4. The Planning and Zoning Department staff recommended approval of the -Opplicant's request subject to eight conditions. 5. On March 15, 1999, Common Council held a public hearing to consider the Amendment. At the March 15th public hearing, Applicant's legal counsel, Attorney John Arnold and the City Attorney mutually agreed that the seventh condition should be amended and a ninth condition should be added. 6. Following the March 15th public hearing, the Council approved the Amendment subject to the nine conditions. On March 31, 1999, the Council adopted Findings of Fact, Conclusions of Law and Order, in order to memorialize its actions on March 15, 1999. A copy of this document is attached and identified as Exhibit A. 7. The March 31, 1999, Findings of Fact document included the following statement: Council member Hansen indicated that the Council should review that portion of the request concerning the operation of the bituminous plant no later than July of 2000. That review should come directly to the Council without payment of any application or filing fee. 8. On March 6, 2000, the Council held another public hearing to conduct the "review" as described above. During that hearing, there was considerable confusion among staff and Council Members as to what was meant by the term "review" as used in the March 31, 1999, Findings of Fact document. As a result, the Council, on April 3, 2000, adopted an Amended Findings of Fact, Conclusions of Law and Order clarifying its intent to conduct a yearly review of the Bituminous Plant's operation. In that part of its Order addressing the addition of a Bituminous Plant, the Council stated "[t]his temporary approval shall expire on November 6, 2000, but may be renewed or extended by the Council at that time following its review of the 3 operation of the Bituminous Plant." A copy of the April 3rd Findings of Fact document is attached And identified as Exhibit B. 9. On November 6, 2000, the Council adopted Resolution # 787-00, which essentially extended the temporary approval of the Bituminous Plant until November 5, 2001. The extension occurred as the Bituminous Plant had yet to begin operation. Thus, there was no history as to the impact of the Bituminous Plant's operation on adjacent property. A copy of the November 6ch Resolution is attached and identified as Exhibit C. 10. The November 5, 2001, hearing occurs in response to the November 6, 2001, Resolution #787-00 and the April 3, 2000, Findings of Fact, Conclusions of Law and Order. The purpose of the November 5, 2001, hearing is to consider that portion of Restricted Development Conditional Use Permit #98-05, which concerns the operation of the Bituminous Plant. Unless the Council extends this portion of the Conditional Use Permit, the Applicant's authority to operate the Bituminous Plant will terminate on November 5, 2001. 11. At the November 5, 2001, public hearing, the Council considered the Planning Department's October 31, 2001, staff report. In relevant part, the report states the following: At this time, there is no operational history for the bituminous plant since it has not been put into use since the approval of the permit. Mr. Kottschade has contacted the Planning Department and has stated that he wishes not to extend the portion of the Permit relating to the Bituminous Plant since it has not been put into operation. In a letter addressed to the Mayor and City Council, dated October 17, 2001, Mr. Kottschade declines to request or accept an extension of the renewal of Amendment to Restrictive Development Conditional Use Permit #98-05 to allow for a bituminous plant. Staff recommends that the Council not extend the permit as requested by Mr. Kottschade, as it relates to the bituminous plant, and that if the applicant wishes to locate the bituminous plant on the property in the future, a request to amend to [sic] Conditional Use Permit #98-05 shall be filed by the applicant." [Italics in original] 4 12. A copy of the October 17, 2001, letter from the Applicant is attached and identified As Exhibit D. 13. At the November 5, 2001, public hearing, attorney John Arnold appeared not as the Applicant's legal counsel, but as the President of SJC Properties. SJC Properties owns property adjacent to the property under consideration. Mr. Arnold indicated that he did not favor nor oppose the continuation of the Restricted Development Conditional Use Permit. He did acknowledge his receipt of the Applicant's October 17, 2001, letter, "indicating he did not want to go forward with his bituminous batch plant operation." Mr. Arnold's only concern was the continuation of access pending the City's formal response to SJC Properties' request for permanent access. Department of Public Works representative Mike Nigbur confirmed the City's position indicating SJC Properties would continue to enjoy temporary access pending the City's formal response to SJC Properties' request for permanent access. 14. An interested citizen appeared and stated the neighbors were pleased to hear that the Applicant was not pursuing the Bituminous Plant's operation. CONCLUSIONS OF LA W 1. This matter is properly before the Common Council pursuant to R.C.O. §60.532 and Minn. Stat. §462.3595. 2. By a substantial weight of the evidence presented, the Common Council determines that there is a legal basis to not extend the Council's approval of that portion of the amendment to Restricted Development Conditional Use Permit #98-05 which authorizes the operation of a Bituminous Plant for a specific time period if the Applicant complies with nine F L conditions. The Applicant has voluntarily abandoned his earlier request for the operation of a Bituminous Plant. He has made it clear that he does not wish any further extension of this portion of the Conditional Use Permit. The Common Council of the City of Rochester, pursuant to R.C.O. §§60.532(5), 61.146, 62.708, 62.824, 62.1006 and 62.1010 does hereby deny that portion of the amendment to Restricted Development Conditional Use Permit #98-05 so as to add a portable bituminous drum mixer facility for a specific time period if the Applicant complies with nine conditions. The Applicant has voluntarily abandoned the Bituminous Plant portion of this Conditional Use Permit. He has made it clear that he does not wish any further extension of this portion of the Conditional Use Permit. Dated at Rochester, Minnesota this day of November, 2001. FOf.zone\conduee3.amd965.fo£ John Hunziker, President of the Rochester City Council 6 OCnl ICCT Ct)D rni iurti erTlnu ummpd : t Gerald J (Jerry) Balm 2190 17th Street N.E. Home: (507) 282-9378 Rochester. Minnesota 55906 E-mail: jeritbnaattglobal.net SUMMARY: I am an Electrical Engineer with over 31 years of industry experience in managerial, technical and staff assignments; and with considerable teaching and speaking experience. My major areas of expertise are: Quality Improvement, electronics design and its tools, business ethics and general management/leadership. EXPERIENCE: 1954 - was graduated from High School in Fort Dodge, IA 1955-59 - active military duty with U. S. Navy 1954-55 & 1959-66 - attending college 1966-97 - various assignments within IBM 1997-98 - Customized Training Coordinator at RCTC (local college) 1998-99 - Interim Executive Director to Board of Directors of GRAUC ACCOMPLISHMENT HIGHLIGHTS: eighteen years served in IBM Engineering Design in managerial, technical and staff capacities contributing to the design and release of the IBM Systeml38 computer and some Optical Character Recognition equipment. Three years in IBM s Technical Education developing and teaching courses and managing an Engineering Education Department. served on a team deploying Total Quality Management resulting in IBM Rochester being awarded a 1990 Malcolm Baldridge National Quality Award. - IBM Corporate Benchmarking facilitator after serving three years as an IBM Division Benchmarking facilitator resulting in the divisional and corporate training and activity databases as well as widespread use of TQM continuous improvement tools. - Published over 21 papers/reports/articles plus one book - Numerous talks, presentations and classes taught. EDUCATION: 1955 - Electronics Technician schooling in U.S. Navy 1962 - B.S. E.E. from Iowa State University 1963 - M.S.E.E. from Iowa State University 1966 - Ph D in E.E. from Iowa. State University TEACHING: 1966-1997 - taught 13 courses in IBM (many had multiple sections) 1988-1992 - adjunct Associate Professor at Saint Mary's University (in ethics) 1999-2000 - taught Problem Solving ABUS 4012 for Univ of MN at UCR LEADERSHIP: 1958-1959 - Electronics Technician Group Leader in U.S. Navy 1968-1997 - several managerial, task force & group leadership positions in IBM 1969-1993 - several leadership roles in American Society for Engineering Educ 1987-1989 - Executive Director to the Greater Rochester Area University Center (as a loaned executive from IBM) 1987-present - several professional and community Board positions. „ocxuru ,��•'`� :?� Nht}or Chuck Canfield bftd J( =: 201 +th Street SE - Room 281 all ;veaia cm R,xhester. NIN 5590-1-3782 c"* - ,:..�..-_:.`; o• Phone: i507i 28.5-8080 Fax: (5071 28/-7979 LO: AVG WT'S•� d CITY OF ROCHES1.ER VOLUNTEER APPLICATION ADDRESS: _ - - - ---::'•. DO YOU R SIDE VIIT3IN ROCHESTER CITY LIMITS? YES <> NO P?.ACE OF EMPLOYMENT: I AM SEEKING VOLUNTARY SERVICE ON AQC'13-, ✓ ;C fir .�liC 1,�Zl r OS._ rEmil i._: e al art a- ,AUS3. .-- --- __ _ O; 00 _ -,�i �,j .9 ''L1C_ti 0 =tip a si -'-i ficant co� 33r Ji03 for a. 'liverse 00:--urd ,w l2 .3 _1OC'_1e3ter. - =�.5 PROVIDE BACKGROUND INFORMATION (FDUCATIvN, S?ECIA.L INTERESTS, AC:i1 V h!ENTS, PREVIOUS EMPLOYMENT, COMMUNITY SNrVOLVEMENI') Attach additional information, if desired. �— ^1 ._ .....' 1 ... ... ___•_ _ 1 '3-11 .” fon:ier :.ie_:DOr Of Tv Fou-:_' 3v10_i__oar ', Served DATE SUS;!IT.ED: OC 1, _, SIGNED: Return to: Office of the Mayor - 201 4th Street SE Rochester, MN 55904-3782 ♦a.****<.....saff....w..4.ww....***.....+:,'. w.a 4.l A:r. r 4..*A***4s DATE OF APP0I:4TMENT:�_—_ TERN EXPIRATION:,—_ OTHER DATA: REQUEST FOR COUNCIL ACTION MEETING DATE: 11-19-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS- Continued Item PLANNING ze- Final Plat #01-44 by Carriage Homes XVII Inc., to be known as Fox PREPARED BY: .4DESCRIPTION: Townhomes First CIC # 159 First Supplemental. This Plat proposes to subdivide Brent Svenby, 14.97 acres of land into 64 lots for townhome development and 1 outlot. The property will Planner be served by private roadways. The applicant is also requesting approval of a Substantial Land Alteration permit to allow for changing grades more than 10 feet in certain areas within the development. The property is located west and north of Meadow Lakes Drive NW and south of 3rd Street. November 15, 2001 Planning Department Review: i I See attached staff report dated November 1, 2001 recommending approval subject to the following modifications / conditions: 1. The applicant agrees that this subdivision will have an impact upon the City's needs for parkland and that cash in lieu of land in amount of $29,640 will fulfill the dedication obligation of this plat has stated in the October 3, 2001 memo from the Rochester Park and Recreation Department. Payment is due prior to the recording of the final plat documents. 2. The documents assigning long-term maintenance of common lands and facilities shall be recorded concurrent with the final plat documents (mylars). I i Council Action Needed: 1. A resolution approving the plat can be adopted. 2. The Council should include a motion to adopt findings to support either approval or denial of the proposed Substantial Land Alteration Activity. Staff suggests one condition of approval. See page 4 of the staff report. I Distribution: 1. City Administrator j 2. City Clerk 3. City Attorney 4, Planning Department File 5 Planning Department, GIS Division 6. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, November 19, 2001 in the Council Chambers at the Rochester / Olmsted County Government Center.`/ y 7. South Eastern Engineering and Brand& Massey Surveying, Inc /N�y by d✓- COUNCIL ACTION: Motion by: Second by: .o« to: -- (J 7i- M < % /h 44�rri /tit = ti C ;% South Eastern Engineering Inc. ell 40 IV Street, SE ♦ Suite 0 ♦ Rochester, Mn 55904 Phone 507 287-0110 1 Fax 507 286-9188 ♦ Email seengr@sparc.isl.net November 14, 2001 Mr. Brent Svenby Rochester -Olmsted Planning Department 2122 Campus Drive S.E. Suite 100 Rochester, MN 55904-4744 RE: Fox Ridge Townhomes I", CIC #159, 0 Supplemental Dear Mr, Svenby: The following is in response to the City Council's concerns on November 5, 2001, for Zoning Ordinance 62.1105 (2) and (14). 62.1105 (2) — The majority of the excavation takes place on the interior of the site. The grading activities are expected to take 30 working days. There are approximately 42,100 cubic yards of material that need to be removed from the site. This material will be taken to a number of sites for disposal via City and County roads. We have obtained permission from the County and the City to use the haul roads. The City has put the following conditions on the haul route permit (a) daily sweeping of haul routes (b) notify David Dvv} er and David Kramer of Public Works when work is done (c) obtain grading permit. The Contractor will sweep the haul route at the end of each day. The Engineer will notify David Dwyer and David Kramer when hauling activities are complete. A grading permit has been applied for and approved pending the approval of the Substantial Land Alteration. The visual, noise, dust and/or excessive on- or off- site environmental impacts, from the excavation activities, on public parks, roadways and residential areas should take no more than 30 working days and will be typical of any construction project of this nature. The Contractor has installed stabilized vehicle exits at three (3) locations to reduce the amount of material tracked offsite on the wheels of the trucks. As part of an executed Contract between the Developer and the Contractor, the Contractor has been required to meet public safety and maintenance of traffic issues. See attached excerpts from the Special Provisions — 01100- 2 and 3. The Contractor shall meet the City of Rochester Noise Ordinance 85.10 Subp. 2 by only performing construction activities from 7 am to 10 pm Monday to Saturday and noon to 10 pm on Sunday. The cost of any of these measures were incorporated into the Contractors bid prices and thus the Contractor is aware of the cost of these measures, and the Developer has signed a Contract with the Contractor to pay them for such work. The Contractor has provided a Performance Bond to assure that all work required under the Contract will be executed. 62.1105 (14) — The Contractor has provided a Performance Bond for the entire project. A copy of the bond will be provided to Public Works on Monday, November 19, 2001. Sincerely, South Eastern Engineering, Inc. Pam Shakal, PE enc. cc David Rossman Doug Nelson Rochester City Council Members Carriage Homes XVII C. he Contractor shall then install all sanitary and stontt sewe , water mains, an rvice connections, and any other underground st res. On compleu of utility installation, the Contractor s complete the street grading, incI g subgrade preparation, and nstruct the aggregate base, bituminous pavem t and curb and Burt D. Setting of all castings locate ' pavement areas shall be made by the underground Contractor er the cement of the bituminous base course. Castings located in r and gutter are shall be adjusted by the underground contractor in c junction with curb and gu construction. All adjustments of cas tin ill be considered incidental to the c struction of the structure. The al adjustments of the casting shall be made p to the bituminous ear paving in 2002 by the paving contractor. This work al be paid for at the unit price to adjust castings. 1.04 PUBLIC SAFETY AND CONVENIENCE A. All work within the project shall be conducted in accordance with iMriDOT requirements conceming: signs, barricades, lighting, flagpersons, or other traffic and safety devices. Construction operations shall be conducted to cause the least possible conflict with existing traffic. 1.05 MAINTENANCE OF TRAFFIC A. A traffic flow pattern on city streets shall be maintained to provide emergency vehicle access to all property. Fire hydrants, on or adjacent to the work, shall be kept accessible to fire fighting equipment at all times. All street closings shall be approved by the City prior to closing. The temporary closing of any streets will require the installation of sufficient barricades, fences, and signs, to adequately deter traffic from entering the sites. If the streets are not closed, one lane of traffic shall be maintained at all times, and signs installed indicating "local traffic only". B. All driveways shall be accessible at the end of the working day. No driveways can be without access for more than four hours. C. It shall be the contractor's responsibility to ensure that all access points are kept open and maintained. D. Haul routes shall generally be along C.S.A.H. streets or trunk highways, and coordinated with the engineer. E. The Contractor shall comply with all legal load restrictions, Minnesota 0 I 1! E C 00135 oecial Provisions 01100 - 2 lu Statutes 169.53 and 169.S32, in the hauling of materials and the movement of equipment over structures, base courses, and pavements within the project which are under construction, or which have been completed. Equipment mounted on crawler tracks or steel -tired wheels shall not be operated, on or across concrete or bituminous surfaces, without specific authorization from the Engineer. G. Should construction operations necessitate the crossing of an existing pavement or completed portions of the pavement structure with equipment or loads which would otherwise be prohibited, approved methods of load distribution or bridging shall be provided by the Contractor at their expense. H. Neither by issuance of a special permit, nor by adherence to any other restrictions imposed, shall the Contractor be relieved of their liability for any damages resulting from the operation and movement of their construction equipment. 1.06 PROTECTION OF UTILITIES A. location of underground facilities, as shown on the Plans, area roximate only, d are shown only for the Contractor's general informati .The Enginee oes no assume responsibility for showing all utili i s in the Plans. The Contra r shall notifiy all public and private utilite f their work schedule, and suitable precautions to prevent da ge to pipes, conduits, and other undersT d or overhead structures. WO C. 1.07 In some instances it mayN impossible which will allow construcno to oroce If this should occur, the utility and required to do what is nea resident engineer shall appr utilities. construction procedures $ d over, around, or under the utilities. es shall be notified by the Contractor save their facilities from harm. The ston changes necessary to protect When utilities nXit be located, the Contractor sh cooperate with the utility company an rovide them access to the work and tt a to make adjustments without i erference. "IPNIENT RATES The Contractor shall prepare a schedule of equipment rental rates for all\ equipment to be used on the project. Rates shall include all costs for opera overhead, and profit for subcontractors and contractor. The schedule shall also include all classes of laborers and supervisors. Special Provisions 00135 01100 - 3 l0(J Memo To: Mayor and City Council From: Ron Boose, Director of Building Safety Date: November 14, 2001 Subject: Fox Ridge Town Homes 1st (Carriage Homes Inc.) I have met with building safety department staff members regarding the complaints voiced to the council by homeowners in this development. While this project did not progress as smoothly as most, we are not aware of any unresolved building code violations at this time. Our department has received several complaints from homeowners regarding the conditions in or around their homes but the vast majority of these complaints were not building code violations. To our knowledge, any homeowner complaints that were building code violations have been resolved. I will be present during your inspection of this development on Monday to answer any questions that may arise regarding building code items. N� HE � • ae ��� � RiS � � ` N ! s I I� O. L D 22 IuiI � HvN"g 1 Lu LL = N 00�_ F— � om L S'N i' 9 I UN w� -N II�+9 �' N I •� I X g m p LLJ OQ� IF , i C3 P�j! :. .�7�1 n m Ig CLZ� W �IL'm �e�l 9 r ICI �' f.�l • ^ �o 0 g n al ����a ��� ; � �m I • « J �. � I W � m #A ` o m I��� Y^• �l'� g y�'`i �im m Gi n�.° { //f �•I � LS'f9L 3 ..S0,9hD0 5 i r.ru w a,rin ru,s.-, ram. Nlol DI LsTj f �lm a, i Wil L� W lo z Fo U� oi, ol ... ... it 11, IN Im. A-11 I 1p JIA, TI. 14 6V43alSM AiISNM ADT 3kn usaxad M),a3m .Ol99 m 'W.Vw:tl a "M ust M ONI JNIZIaSNIJN3 KHl Hlf Iryx:�r ;I� 1 1 /71 I � L. RT7. •r w 1 • H I A:1 � I -,o II - . Ni[tl I �1 1 F Ixi F m»n 'I wnu aAu N%I[ t : i T: QN Q W 1 wu I _ QW y ROCH STER-OLAISTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 CCU X T Y OF www.olmstedcounty.com/planning Rochester Common Council FROM: Brent Svenby, Planner DATE: November 1, 2001 RE: Final Plat #01-44 to be known as Fox Ridge Townhomes First CIC 159 First Supplemental Planning Department Review: Applicant/Owner: Carriage Homes XVII Inc. 6750 Stillwater Blvd. North Stillwater, MN 55082 Surveyors/Engineers: Brand & Massey Surveying, Inc. 1009 Whitewater Avenue St. Charles, MN 55972 South Eastern Engineering, Inc. 40 16`" Street SE, Suite D Rochester, MN 55904 Referral Comments: 1. RPU Water Division 2. RPU Operations Division 3. Rochester Public Works 4. Planning Dept. - Addressing 5. Rochester Public Works Department 6. Planning Dept. — Wetlands 7. Rochester Building and Safety Report Attachments: 1. Referral Comments ( 3 Letters) 2. Location Map 3. Copy of Final Plat 4. SLA Map 5. SLA Letter Plat Data: Location of Property: The property is located west and north of Meadow Lakes Drive NW and south of 3 ° Street NW. Zoning: The property is zoned R-1X on the City of Rochester Zoning Map. Proposed Development: This development consists of 14.97 acres of land to be subdivided into 64 lots for a towmhome development and one common lot. BUILDING CODE 507/285-8213 • GIS/ADDRESSING/MAPPING 5071285-8232 • HOUSING/HRA 507/285-8224 -._�. PLANNINGIZONING 5071285-8232 • WELUSEPTIC 507/285-8345 FAX 507/287.2275 AN EQUAL OPPORTUNITYIAFFIRMATIVE ACTION EMPLOYER Page 2 Fox Ridge Townhomes November 1. 2001 Streets: Sidewalk: Drainage: There are no new roadways being dedicated with this Plat. The property has access from Meadow Lakes Drive NW. The roadways serving the townhomes will be private. In accordance with current City policy pedestrian facilities including pedestrian ramps are required along both sides of all of the new roadways. The grading and drainage plans have been approved subject to the approval of the Substantial Land Alteration. Wetlands: Minnesota Statutes now require that all developments be reviewed for the presence of wetlands or hydric soils. The Soils Survey does not indicate hydric soils within this Plat. Public Utilities: The City has approved the public improvement (water main and sanitary sewer construction) plans for the subdivision. Spillover Parking: Spillover parking requirements were reviewed at the time the performance residential development plan was approved. Parkland Dedication: The Rochester Park and Recreation Department recommends that the parkland dedication requirements for this plat be met via cash in lieu of land in the amount of $39,640. Payment is due prior to the recording of the final plat documents. General Development Plan: The proposed plat is consistent with the approved Fox Ridge General Development Plan. Substantial Land Alteration The applicant is also requesting approval of land disturbing activities defined as Substantial Land Alteration according to Section 62.1101, B of the Rochester Zoning Ordinance and Land Development Manual. Section 62.1102 of the LDM allows the City to consider a request for excavation or substantial land alternation as part of a Type III application, such as a final plat, subject to making findings established in Sections 62.1105 and 61.146 of the LDM. ➢ This development includes a proposal for grading work which involves a grade change of 10- feet or more from the pre-existing grades. The attached map labeled SLA Map identifies the area on the site where the existing grades are proposed to be altered by 10-foot or more. The attached letter and map from Pam Shekel of South Eastern Engineering, Inc. has identified the location were the grading is taking place. Some of the material will be trucked off -site. The grading work will be completed in about 30 days. Sections 61.146, 62.1102 and 62.1105 of the LDM are attached. Page 3 Fox Ridge Townhomes November 1, 2001 Staff Suggested Findings: If the City Council approves the proposed substantial land alternation, staff recommends the following findings to Sections 62.1105 and 61.146 of the Rochester Zoning Ordinance & Land Development Manual: 62.1105 1) The activity should not result in danger to life or property. The slopes will be designed with a maximum slope of 4:1. The cuttfill areas are not adjacent to any areas planned parks or existing residential areas. The finished grading work will allow for townhomes to be constructed. The grading and drainage plans will need to comply with City standards and be approved by the Rochester Public Works Department. 2) The grading and drainage plan for this project needs to be approved by the Rochester Public Works Department and it will document the extent of the work. Noise and dust control will need to comply with City standards. 3) The equipment conducting the grading work on the property will also be the equipment utilized in grading the roadways in the development. Some of the material will be hauled from the site. Prior to material being removed from the site, the applicant shall submit a haul route plan to the City Engineer for review and approval. 4) The proposed excavation work should not affect air quality or ground and surface water quality. 5) The proposed grading work should not adversely affect the scenic quality of Rochester. There will not be any steep slopes or exposed rock faces. The natural topography of the area will be re -graded to provide adequate slopes for dwellings, roads and drainage. 6) The result of the proposed activity will be compatible with existing development and development anticipated in the future. The finished result of the grading work will allow for development that is consistent with the land use plan and the approved General Development Plan for the property. 7) The grading will be confined to the property and should not affect the use and enjoyment of adjacent properties. The duration of the excavation activity is expected to be completed in approximately 30 days. 8) The grading activity will only take place during the construction of the roadways and buildings pads that are planned for the site. The grading is expected to be completed in approximately 30 days. 9) The grading and drainage plan will need to provide the proper restoration and stabilization in accordance with the adopted codes for the City of Rochester. 10) The grading and drainage plans will need to be reviewed and approved by the City. Stormwater management will be provided for the development. The grading of these areas will help provide the adequate drainage for the property. 11) The area of grading does not contain sinkholes. 12) The grading work is expected to be completed in approximately 30 days. The duration seems appropriate for this type of activity and the size of the project. Page 4 Fox Ridge Townhomes November 1, 2001 13) The Rochester Public Works Department will need to review and approve the grading and drainage plan for this work. This plan must accommodate permanent and interim erosion and sediment control. 14) Surety will need to be provided that guarantees the site will be fully restored after they completion of the excavation activity. This surety can be provided through the agwwer-oem4set pwnw6 for this development. 15) The grading and drainage plan will need to be approved by the Rochester Public Works Department prior to any grading on the property. The Planning Staff would suggest the following findings for Section 61.146: 1) Prior to material being removed from the site, the applicant shall submitted a haul route plan to the City Engineer for review and approval 2) Not applicable 3) Not applicable 4) The Rochester Public Works Department will need to review and approve the grading and drainage plan for this work. This plan must accommodate permanent and interim erosion and sediment control. 5) Not applicable 6) Not applicable 7) Not applicable 8) Not applicable Staff would recommend that prior to material being removed from the site, the applicant shall submit a haul route plan to the City Engineer for review and approval. Preliminary Plat: There was not a preliminary plat for this property. No new right-of-way is being dedicated with this Plat. Planning Staff and Recommendation: The Planning Staff has reviewed the submitted final plat and would recommend approval subject to the following conditions: 1. The applicant agrees that this subdivision will have an impact upon the City's needs for parkland and that cash in lieu of land in amount of $29,640 will fulfill the dedication obligation of this plat has stated in the October 3, 2001 memo from the Rochester Park and Recreation Department. Payment is due prior to the recording of the final plat documents. Page 5 Fox Ridge Townhomes November 1, 2001 2. The documents assigning long-term maintenance of common lands and facilities shall be recorded concurrent with the final plat documents (mylars). Page 6 Fox Ridge Townhomes November 1. 2001 CITY OF ROCHESTER ZONING ORDINANCE AND LAND DEVELOPMENT MANUAL EXCERPTS 62.1102 Exempt Activities: 1) Except as required for a reclamation plan, which may be imposed on any of the following activities as part of any required City permit or approval process, the provisions of these Sections 62.1100 through 62.1113 shall not apply to the following activities: a) The land area included within 15' or as reasonably defined by the City Engineer to allow soil stabilization of the identified boundaries of a building submitted for a building footing and foundation permit. b) Stormwater management facilities or other public infrastructure approved by the City. c) Excavations or blasting for wells, tunnels or utilities that have received all necessary governmental approvals. d) Refuse disposal sites controlled by other applicable City, State or federal regulations. e) On -going cemetery (burial) operations. f) Development activity for which a general development plan, subdivision permit or other Type III approval has resulted in the review of the proposed cut and fill work and for which a grading permit is required. To qualify for this exemption, the Council shall have made the findings established in Section 62.1105. g) Uses in the Central Development Core (CDC) District. 62.1105 Findings Necessary for Issuance of a Conditional Use Permit: The City shall approve a conditional use permit authorizing an excavation activity only if all of the following findings with respect to the proposed activity are made, in addition to those listed in Section 61.146: 1) The activity will not result in a danger to life or property due to (1) steep or unstable slopes, (2) unsafe access to the property, (3) excessive traffic, or (4) proximity to existing or planned residential areas, parks and roadways; 2) Visual, noise, dust, and/or excessive on- or off -site environmental impacts on public parks, roadways and residential areas can be adequately mitigated by the Applicant and a fully detailed plan is submitted by the Applicant to demonstrate the mitigation methods to be used, the cost of such mitigation, the source of funds for such mitigation, and adequate legal assurance that all of such mitigation activities are carried out; 3) The use of trucks and heavy equipment will not adversely impact the safety and maintenance of public roads providing access to the site, or such impacts will be mitigated; Page 7 Fox Ridge Townhomes November 1, 2001 4) The proposed use will not adversely affect air quality or ground water or surface water quality; 5) The proposed use will not adversely affect the scenic quality of Rochester or the natural landscapes, environment, wildlife and wildlife habitat; or if such effects are anticipated to occur, the reclamation plan provides for adequate restoration of the site following completion of the excavation activity; 6) The activity will be compatible with existing development and development anticipated in the future, including other uses as shown in the Comprehensive Plan, including but not limited to: patterns of land use, recreational uses, existing or planned development, public facilities, open space resources and other natural resources; 7) The activity will not unduly affect the use and enjoyment of adjacent properties; 6) The site plan provides for adequate buffers and screening year-round from unsightly features of the excavation operation; 9) The reclamation plan provides for adequate and appropriate restoration and stabilization of cut and fill areas; 10) The excavation activity will not result in negative impacts on drainage patterns or stormwater management facilities; 11) The proposed activity will minimize impacts on sinkholes, wetlands and other natural features affecting ground water or surface water quality; 12) The intensity and the anticipated duration of the proposed excavation activity is appropriate for the size and location of the activity; 13) Permanent and interim erosion and sediment control plans have been approved by the City; 14) Surety has been provided that guarantees the site will be fully restored, after completion of the excavation activity, to a safe condition, and one that permits reuse of the site in a manner compatible with the Comprehensive Plan, neighborhood plans, the Land Use Plan and applicable City policies. 15) The proposed activity complies with the requirements of the adopted building code. 61.146 Standards for Conditional Uses: The zoning administrator, Commission, or Council shall approve a development permit authorizing a conditional use unless one or more of the following findings with respect to the proposed development is made: 1) Provisions for vehicular loading, unloading, parking and for vehicular and pedestrian circulation on the site and onto adjacent public streets and ways will create hazards to safety, or will impose a significant burden upon public facilities. 2) The intensity, location, operation, or height of proposed buildings and structures will be detrimental to other private development in the neighborhood or will impose Page 8 Fox Ridge Townhomes November 1, 2001 undue burdens on the sewers, sanitary and storm drains, water or similar public facilities. 3) The provision for on -site bufferyards and landscaping does not provide adequate protection to neighboring properties from detrimental features of the development. 4) The site plan fails to provide for the soil erosion and drainage problems that may be created by the development. 5) The provisions for exterior lighting create undue hazards to motorists traveling on adjacent public streets or are inadequate for the safety of occupants or users of the site or such provisions damage the value and diminish the usability of adjacent properties. 6) The proposed development will create undue fire safety hazards by not providing adequate access to the site, or to the buildings on the site, for emergency vehicles. 7) In cases where a Phase I plan has been approved, there is a substantial change in the Phase 11 site plan from the approved Phase I site plan, such that the revised plans will not meet the standards provided by this paragraph. 8) The proposed conditional use does not comply with all the standards applying to permitted uses within the underlying zoning district, or with standards specifically applicable to the type of conditional use under consideration, or with specific ordinance standards dealing with matters such as signs which are part of the proposed development, and a variance to allow such deviation has not been secured by the applicant. 61.147 Conditions on Approval: In considering an application for a development permit to allow a Conditional Use, the designated hearing body shall consider and may impose modifications or conditions to the extent that such modifications or conditions are necessary to insure compliance with the criteria of Paragraph 61.146. ROCHESTER Minnesota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DATE: 10/8/01 DEPARTMENT OF PUBLIC WORKS 201 4h Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the requested application for Final Plat #01-44 on the Fox Ridge Townhomes First CIC#159 First Supplemental property. The following are the Public Works comments on the proposal: 1. A Development Agreement has been executed for this property. 2. A City -Owner Contract has been executed for this development. 3. Construction of concrete sidewalk is required at the Owner's expense, along the entire frontage of 2nd St NW / Meadow Lakes Dr NW. Development Charges are addressed in the City -Owner Contract & Development Agreement for this property , with the exception of: ❖ Traffic Signs as determined by the City of Rochester Traffic Division. 8 Street Name Signs Plus "No Parking" signs on the curve of Meadow Lakes Dr. C:IWINNT\ProfileslplabsvenlTemporary Internet Files1OLK931FP01-44 Fox Ridge Townhomes First Supplemental CIC 159.doc `ROCHESTER PARK AND RSREATION DEPARTMENT 201 FOURTH STREET SE ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: October 3, 2001 TO: Jennifer Garness Planning RE: Final Plat #01-44 Fox Ridge Townhomes First CIC #159 Acreageof plat.......................................................... Number of dwelling units ............................................. Dwelling unit density ................................................... Densityfactor............................................................ Dedication............................................................... Fair market value of land ............................................. 14.97 a 64 units 4.28 units/a .0244 1.56 a $8/a rq,va0 The Park and Recreation Department recommends that dedication requirements be met via: 2'r' (ryo Cash in lieu of land in the amount of $20AW with payment due prior to recordation of the final plat. Applicant: Carriage Homes XVII 6750 Stillwater Bvld North Stillwater. MN 55082 0:\DSTOTZ\2001\DEDICATION\NW 2698\FOX RIDGE TWHMOMES.DOC I Memo To: Jennifer Gamess, Planning Department From: Randy S. Johnson Date: October 1, 2001 Re: Final Plat #01-44 by Carriage Homes XVII Inc. to be known as Fox Ridge Townhomes First CIC #1595 First Supplemental. This plat proposes to subdivide 14.97 acres of land into 64 lots for townhome development and 1 outlot. The above referenced Plat appears to indicate new construction that is regulated under the Building Code and will require building permits. Complete plans and specifications are required to be submitted for a building permits prior to construction. The proposed construction appears to consist of attached single-family dwellings (townhomes) on separate lots with property lines between the units. Please verify the following items: Separate utility services (i.e. sewer, water, gas, electric, etc.) are required to be provided to each dwelling unit. The utilities are not permitted to encroach onto or through the adjacent lots. The dwelling units are required to be provided with fire rated walls at property lines in accordance with the 1997 UBC Section 503. Please let me know if you have any questions or concems. Thank you 0 Page 1 South Eastern Engineering Inc. 40 161" Street, SE ♦ Suite D 4 Rochester, Mn 55904 Phone 507 287-0110 ♦ Fax 507 286.9188 0 Email seengr@sparc.isl.net July 23, 2001 Mr. Brent Svenby Rochester -Olmsted Planning Department 2122 Campus Drive S.E. Suite 100 Rochester, MN 55904-4744 RE: Exemption from Section 62.1101.2(a) for Fox Ridge Townhomes 1", CIC #159, 1" Supplemental Dear Mr. Svenby: The grading of the Fox Ridge Townhomes site will result in exceeding a 10 foot vertical cut in an area between the proposed Meadow Lakes Lane N.W. and Prairie View Place N.W. This project meets the definition of Section 62.1101.2.a.1(d) where the cut\fill involves a grade change of 10 feet or more from the pre-existing grades. The enclosed plan indicates the area of cut in excess of 10 feet. The raw cut volume is approximately 76,600 cubic yards. It is estimated that only 34,500 cubic yards of fill will be used on the site, thus the contractor will be required to dispose of 42,100 cubic yards of excavation off site. The maximum extreme cut would be approximately 20 feet and that would occur at approximately station I±10 (see attached profile). Section 62.1102.1 F provides for an exemption provided there are sufficient findings made as contained in 62.1105. The following are suggested findings in support of the request: 62.1105 (1-15) 1. The activity necessary to grade the portions in excess of 10 foot vertical cut will not result in unstable slopes or unsafe access. The maximum proposed finished grade on this site is 4:1. The area with the largest cut is in the interior of the property and thus will not create an unsafe access problem to the site. The closest this grading in excess of 10 feet, gets to developed property is 40 feet. The cut area is not adjacent to a public park or roadway. 2. The contractor will be required to meet the City's noise ordinance and will be responsible for obtaining permission to use haul roads. The Contractor will be responsible for minimizing dust on all haul roads and repair and clean up of haul roads when excavation is complete. (See attached excerpts from the Specifications.) 3. See the attached excerpt from the project specifications regarding public safety and convenience. 4. See attached excerpt from the project specifications regarding air and water,pollutltm h.i additional grading will not affect the air or water quality. — SEP 2 5 2001 5. The natural topography of the area will be re -graded to provide adequate slopes for townhomes, but the overall scenic quality will be maintained. Also, the contractor is required to seed and utilize erosion control mat on designated areas prior to building permits being issued. 6. The grading is compatible with the proposed adjacent neighborhood developments. 7. The grading will be confined to the Fox Ridge Townhome property and will not unduly affect the use and enjoyment of adjacent properties. 8. The grading activity will take place for the entire site for approximately 30 working days. The required buffer yards on the west, north and south will be installed prior to completion of this project. (See attached plan.) 9. The grading plan will provide for proper restoration and stabilization in accordance with the codes of the City of Rochester. 10. The grading will not result in negative impacts on the drainage patterns. The site will drain in four directions as the ungraded site does and will ultimately flow to twin ponds constructed in the first phase and sized to receive this runoff. 11. The area of grading does not contain sinkholes or wetlands and will not affect the groundwater or the subsurface water quality once restoration and stabilization is completed. 12. The grading of the entire site will take approximately 30 working days. This time frame is appropriate for the sized and location of this activity. 13. Permanent and interim (during construction) erosion\sedimentation control have been provided for in the grading plan. The city has approved the grading plan contingent upon the SLA. 14. The contractor is required to provide a performance bond for all of the work on the site. 15. The activity is not associated with the building code ordinance 62.1100 and the standards in the Land Developmental Manual and on file with Public Works shall apply to the design standards and construction process. Sincerely, South Eastern Engineering, Inc. -fCw.r7lL —'1aLOA Pamela Shakal, P.E. enc cc Carriage Homes XVII REQUEST FOR COUNCIL ACTION MEETING 11-19-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARING PLANNING C '17EM DESCRIPTION: Incentive Development Preliminary Plan #00-35 by Rochester PREPARED By: Development, Inc, for a 26 story building to consist of long-term and short-term stay Brent Svenby, housing, retail, restaurant and a fitness center. The property includes the former Planner library, Open Table and Christmas Shoppe at 1" St. SE and Broadway. November 15, 2001 Planning Commission Recommendation: The Rochester Planning and Zoning Commission considered this application at a public hearing on November 14, 2001. The Commission recommends approval subject to the following conditions or modifications: 1. The Final Development Plan application shall include: • Revised building elevations that identify dimensions, building materials, colors and type of glass; • Additional details for the canopies and awnings, including materials, colors and elevations; Details for exterior lighting, on the building and in the right-of-way; • Additional details for the streetscape, including materials, plantings, colors and elevations; • A sign plan, if signs will be proposed; • Revised utility plans to have only one sanitary sewer and storm sewer connection to Broadway utility trunk lines utilizing a common trench; • Modifications to the first floor loading docks and below grade parking to eliminate conflict points and comply with Ordinance standards, unless a Variance is approved. 2. The Walker, Parking Study does not represent the current supply of parking available to serve this project. The applicant shall coordinate with the City to resolve issues related to the supply of and demand for parking, prior to submitting the Final Development Plan application. The applicant must abandoned the existing domestic and fire service connections as identified in item 2 from RPU Water Division comments dated September 21, 2001, 4. The applicant shall provide the City with drainage and capacity calculations of the surrounding stormwater system to address sheet draining from the significant surface area of the building, and provide additional details regarding the street drainage patterns necessitated by the drop-off lane on 1" Street. 5. Any needed sidewalk panel repair and/or replacement work shall be done concurrent with this project at the Owner's expense. 6. The cost of any needed City utility andlor street modifications will be the responsibility of the Owner/Developer. Any such work must be performed under a City/Owner Contract. Relocation of private utilities in the alley shall be coordinated with the City. 7. The alley adjacent to the project shall be reconstructed as concrete instead of bituminous. Prior to the issuance of building permits, a construction access management plan shall be prepared for review and approval by the City Engineer. 8. The applicant will need to modify the plans to comply with Ordinance regulations for on -site parking design, or file for variances to be considered at a future date. __,_ 9. The applicant shall continue to work with Staff on the final location and design of the public entrance to the skyway system from Broadway. Final location and design will need to be resolved prior to the submittal of the final plan application. 10. It appears that a portion of the revolving door is within the right-of-way of Is'Street SE. The door will need to be moved outside of the right-of-way if the City doesn't grant a revocable permit for it. - - UNCIL ACTION: Motion by: Second by: to: Page 2 RCA November 15. 2001 Council Action Needed: 1. If the Council wishes to proceed, it should instruct the City Attorney to prepare a resolution either approving, approving with conditions, or denying this request based upon the criteria included in the staff report. Attachment: 1. Staff Report dated November 9, 2001 2. Minutes from October 10, 2001 and November 14, 2001 Planning & Zoning Commission meetings Distribution: 1. City Clerk 2. City Attorney 3. Planning Department File 4. Applicant: This item will be considered sometime after 7:00 p.m. on Monday November 19, 2001, in the Council/Board Chambers at the Government Center, 151 4th Street SE. 5. Consultants (Burt Hill Kosar Rittelmann Associates). 1\10 ;-t 4 A'gvc C.r. SCs� 7� T'%7e Wcshu� S2pg f"IcI7 r • �I m I 6 R @p t ai I Z 9r � re { &aadw Plaza �j r Rothener Dr topm t IM. 0,1 SITE AMIM PIAN/S !ROADWAY MATiaM a 00000000 00000 00 0 s as I ani'!ii! !y'{41.1 1>•{i•I•'1•��IIBA®��lt�E E.i.! {!if!iil ejE EI}I}il •I •I;t al a lil e l 1 i a i fill I �i IE i}j ��i!j1;=;E lE �cj 9�j I}.'a{i�! 111 t ',• {,,j I ,} r i,oi,, Ir a t} , , i I, i {I }� _r_ sir DOWNTOWN DEVELOPMENT DISTRICT ADVISORY BOARD MEETING MINUTES NOVEMBER 15, 2001 8:00 A.M. ROOM 104, CITY HALL MEMBERS PRESENT Trent Fluegel, John Kruesel, Wally Arnold, Mike Quinn, Councilmember Hanson, Councilmenber McConnell MEMBERS ABSENT William Ryan, Jeff Thompson, Jack Van Sickle, Cynthia Daube CITY/COUNTY REPRESENTATIVES PRESENT Doug Knott, Development Administrator; Terry Spaeth, Administrative Assistant; Brent Svenby, Planning and Zoning; John Hunziker, Council President OTHERS PRESENT Kevin Mullin, Royal Management and Development; Jack Gryzbek, Melissa Sarko, Burt Hill Architects; Henry Dion, GAC; Bob Suk, Christine Schultze, Jeff Allman, CUDE .q Post Bulletin, KTTC Dennis Hanson called the meeting to order at 8:05 A.M. Due to the lack of a quorum no official action was taken at the meeting. NEW BUSINESS Doug Knott explained that Rochester Development Inc. (the developer of Broadway Plaza) had changed architects since the Board last reviewed the project. The changes in the design resulted in the need to for the developer to resubmit his incentive development zoning application to the Plan Commission and the City Council. A public hearing on the application is scheduled for the November 19, 2001 City Council meeting. The purpose of the Advisory Board meeting is to give Board members an opportunity to provide the Council with their comments on the design prior to Council action. Following an introduction by Kevin Mullin, Melissa Sarko and Jack Gryzbek of Burt Hill Architects reviewed the building plans with the Advisory Board with emphasis on the exterior elevations, first and second floor plans, entrances and skyway location. W Downtown Development District Advisory Board Minutes November 15, 2001 Page 2 of 2 John Kruesel inquired about the location and design of the street level access to the skyway system. The architects indicated that they had responded to staff's main concerns regarding building access and would continue to work with the City, as the design is refined. Councilmember McConnell asked about a future skyway over Broadway. The architects responded that provision for a future skyway was included in the design at the northwest comer of the building. Doug Knott added that such a skyway would probably not be constructed until development occurs to the north or west. Councilmember McConnell also asked if escalators were included in the plans. The response was no. The developer does not anticipate a level of pedestrian traffic sufficient to warrant the cost and loss of space associated with an escalator. There will be a public stair and an elevator. Christine Schulze noted that CUDE recommended in favor of the preliminary application. She stressed the need to continue refining the design for the public entrance to make it a focal point for the building at street level. In response to a question on building signage the architects indicated that building signage has not been developed yet but that it would be low key. Signage for tenant spaces would be the responsibility of the tenant and would be subject to the City's sign ordinance. Councilmember Hanson asked about access to the dock if the alley was closed for other redevelopment projects. If the alley were closed north of dock service vehicles would have to back into the alley from First Street SE. Councilmember McConnell stressed the need to protect the remaining tenants in the block from the impacts of construction activity while the project is being built. Doug indicated that staff would work with the developer on this item. Kevin Mullin stated that their goal was to demolish the existing buildings on the site this winter and start construction in the spring of 2002. It will take approximately two years to construct the building. The consensus of the members present was to forward the project to the Council with a recommendation to approve the preliminary incentive zoning application. i 1 1/15/01 CUDE Design Review Subcommittee, for DDAB meeting Broadway Plaza. Incentive Development Application 1 1 /9/01, Subcommittee Communication for 1 1 /14/01 P& Z Review This set, plus a previous draft in electronic file form, forwarded by Doug Knott, clearly indicate that the applicant is exploring means to comply with the staff condition/modification that "The main public entrance, stair and elevator shall be relocated to the corner of Broadway and 1 st Street SE." The two schematic revisions also demonstrate that the modification can be incoporated sucessfully in the building's first and second floors. Additionally, the latest 1 1 " x 17" set increases vitality at street level, meeting the staff condition/modification of "additional street frontage for retail and commercial uses along 1 st Street SE," by shifting the apartment reception to the east, visible from the sidewalk, and adding a public coffee/tea area as an extension west of the apartment lobby entry. With respect for the applicant's responsive design modifications addressing conditions/modifications, and recognizing the schematic nature of revisions at this stage, CUDE recommends approval of Rochester Development's Incentive Development Preliminary Plan #00-35, subject to staff conditions/modifications. More detailed review of corner detailing to invite and enhance public entry; final pubic stair and elevator location; layout of the coffee/tea area and integration with the public entry; streetscape details and other key program elements can follow as the design proceeds. Christine Schultze, for CUDE Design Review Subcommittee 11 /15/01, Subcommittee Notes Preliminary, to begin on toinq review I. There is no retail drop-off area; Galleria's appears always full. 2. Surprised the electrical switchgear gets such prominent main floor footage and frontage. 3. The loading dock turning radii appear tight. Does a truck out of position a little preclude use of the parking ramp? Emergency egress? 4. Coffee and tea area off the lobby appear to work better.; not many toilet rooms are planned - code issue. 5. Future skyway expansion surely takes a lot of prime footage and frontage. Thought they would reroute through the storage areas to get to 11 Sterling Bank. 6. Skyway public toilets may be a security problem. 7. Pretty building; think they got here first, and that any future development on the block should coordinate. However, once the building is up, coordination will be more difficult yet. Does the TIF, respect the cost of the skyway through the building, or just crossing the street? 8. The urban scale of this design better than the previous sale design and will fit better into the urban skyline; like to see the top of the tower lit to enhance night skyline. 9. The exterior materials need to be provided - particularly the metal panel - it is a fine line between junky and qulity on these products and this is a large portion of the exterior image. 10. The entry at the corner is very important. I don't particularly agree with the way it flows however - the entry lobby should also be a space open somewhat between levels to give the entrance a sense of direction and orientation to conect to the skyway level above. 11. Streetscape level texture/lighting/signage/plantings/canopies, etc. are critical to scale and quality for people. 12. Moving the skyway entrance to the corner is important. The e-mail plans show this ... but with much wasted space, both inside and out. 13. Like the revised plans that show a coffee/tea area on the corner and the skyway entry just to the north of that. Coffee area should be a part of the skyway lobby and not apart of the apartment lobby so that it becomes a more inviting public space. 14. The entrance door off of Broadway seems to be just under the stairs that come down from the second floor. Doesn't seem right, but may be reading it wrong. 1 S. Like the three doors onto Broadway which makes it more pedestrian. 16. The second floor works well; could more retail be created and less storage space? 17. Exterior: awnings/overhangs help in bringing down the massive scale of the columns and windows. The detailing of the stone work, paving, planters, street lights, street furniture,etc. will be important in creating a more comfortable place for people to walk and lounge. 10112101, Summary Notes to Subcommittee following 10/10/01 Planning & Zoning Commission hearing Hopefully each of you saw the Post Bulletin article in yesterday's paper; if you have any comments on article, please let me know. Briefly, here is my summary to update the CUDE subcommittee. The applicant agreed to additional architectural features and additional 93 / details for canopies, awnings, lighting and streetscape, which we had discussed in our CUDE subcommittee noon review/discussion of the proposal, and which were clearly covered in staff recommended conditions &/or modifications. However no materials boards, more detailed elevations or street level details were available. In fact, no boards were presented, and discussion relied upon the 8-1 /2" by 1 1 " drawing reductions in the packets. The applicant did not agree to the following recommended condition &/or modification: "Modifications to the first floor to provide additional street frontage for retail and commercial uses along 1 st Street SE. The main public entrance, stair and elevator shall be relocated to the corner of Broadway and 1 st Street SE." In discussion, the applicant argued strongly against acceptance of the condition/modification. The Commission discussed options to resolve, directing questions to Doug Knott and the applicant, but no progress was made. At that time, given the lack of additional detail and no apparent meeting of the minds between applicant and staff on occupancy of the first floor and assurance of public vitality through a public entry (not an unknown and possibly changing tenant), at the Broadway/First Street Southeast corner, I spoke as a representative for CUDE. I briefly noted our noon review, general support for the project, surprise that additional presentation materials were not present and that CUDE strongly supports the contested condition, as both points are critical urban design elements we believe are important to the visual and economic vitality of the city, and which must be accommodated in this preliminary design stage, or the opportunities cease to exist. Additionally, but not noted to the Commission, the condition is supported by the "Draft Development Framework Principles for Downtown," a joint DDAB/CUDE effort. Given the differences and lack of additional detail, I recommended the Commission consider continuing the hearing to permit staff and applicant to meet and work through options, as had been suggested by Doug. I believe an excellent building can invigorate an important corner, which the Woolworth Building remodel did not do. The city generally needs to retain, add and improve corner activities and entries, which enliven intersections of the city; mid -block, singular entries do not. Project costs, the change of architects and shortness of time challenge the devek oer and the city in their cooperative work to produce an excellent building - but the challenge can be met. Please advise me of questions and comments, Chrisgrie ROCHESTER-OLAISTED PLANNING DEPAxi'MENT 2122 Campus Drive SE, Suite 100 - Rochester, MIN 55904-4744 00 U«„ 0, www, olmstedcounty.corr/planning TO: City Planning and Zoning Commission fliiMslf��.�.�fi f�NnNMiiifli�i�j7f FROM: Brent Svenby, Planner DATE: November 9, 2001 RE: Type III, Phase II Incentive Development Preliminary Plan #00-35 by Rochester Development, Inc. to allow the development of building that exceeds the permitted floor area ratio. The applicant is proposing to develop a 26 story building to consist of long-term and short-term stay housing, retail, restaurant and a fitness center. The property is located north of 15t Street SE and east of Broadway on three parcels known as the former Public Library, the Christmas Shoppe, and the Open Table, Planning Department Review: Applicant/Owner: Rochester Development, Inc. 7611 Little River Turnpike, #304 W Annandale, VA 22003 Consultant: Burt Hill Kosar Rittelman Associates Jack Grzybet, Project Manager 650 Smithfield Street, Suite 2600 Pittsburgh, PA 15222 Referral Comments: Report Attachments: Development Review: Doug Knott, City Administration Rochester Public Works Dept. RPU Water Division RPU Operations Division Rochester Fire Department Rochester Park and Recreation Division Planning Dept. Addressing Division MNDOT Planning Dept. Wetlands 1. Land Development Manual Excerpts 2. Project Narrative 3. Site Plan and Elevations 4. Referral Comments (9 Letters) BUILDING CODE 507/285-8213 - GIS/ADDRESSING/MAPPING 507/285-8232 - HOUSING/HRA 5071285-8224 wp PLANNING/ZONING 5071285-8232 - WELUSEPTIC 507/285-8345 FAx 507/287-2275 -.�.�. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 q6- Rochester Development, Broadway Plaza November 9, 2001 Location of Property: The property is located north of 1 s` St. SE and east of Broadway. This project includes the former Library, Christmas Shoppe and Open Table. Zoning: The property is in the Central Development Core (CDC) — Central Business District (CBD). Summary of Proposed Development: This item was continued at the October 10, 2001 CPZC meeting to allow the applicant to work with the City on the location of the skyway entrance on Broadway. Revised first and second story floor plans as well as colored building elevations have been submitted by the applicant. On December 14, 2000 the applicant submitted an application for an Incentive Development preliminary plan on this property. The CPZC held a public hearing on the application on January 10, 2001. At that hearing the Commission recommended to the City Council approval of the Incentive Development with conditions. The City Council held a public hearing on February 5, 2001. The City Council approved the application with 8 conditions. Since the approval, the applicant has replaced architectural firms. The applicant submitted a letter requesting that the original application be withdrawn and has submitted a new proposal for the project area. The applicant is proposing to re -develop property within the Central Development Core Central Business District (CDC-CBD). Within this zoning district, a floor area ratio of 6 is permitted. The total site area for this development is 15,400 sq. ft, which would allow for 92,400 sq. feet of development. The applicant is requesting approval for a floor area ratio of up to 23 (23 X 15,400 = 354,200 maximum sq. ft.). This project proposes a mixed -use development to include retail, restaurant, fitness center and multi -family residential uses within approximately 328,000 sq. ft. of space. The proposed building would be 26 floors and approximately 342 feet to the top of the building, In addition, this project proposes to include below grade valet parking, with a drop off lane along 1®` St. SE. Access to the parking garage and the service/loading dock would be from the alley. The 3-story building base is proposed to be comprised of a mixture of natural stone facing, architectural pre -cast concrete and glass. Rising above the 3-story base, the exterior of the building will be architectural pre -cast concrete and glass. Canopies will be located above the doorways. Retail (2,550sq. ft.), lobby and loading space will be located on the first floor. The second floor will include retail space (5,090 sq. ft.) and the skyway system. A skyway connection is shown at the southeast corner of the building, connection with the 1 s` street parking ramp. The proposal also identifies a possible future skywalk expansion along the west side of the building. This skyway would continue north when redevelopment happens to the north. The public entrance to the skyway system is shown fairly close to the southwest corner of the property (Broadway and 1" Street). The third floor will include a fitness center, pool, management offices and conference room. Above the base three stories, the building will be setback 20' from the north and 11' from the east property lines for the 4th to the 25th floors, and steps back additionally at the top. This part of the project includes 146 for -lease housing units (1, 2 and 3 bedroom units) that will have shallow balconies and large windows within living areas. The 261" floor has roof terraces at the corners Page 3 Rochester Development, Broadway Plaza November 9, 2001 and is proposed to consist of two 4-bedroom units. Above the 26t' floor is area devoted to mechanical equipment. The previous building plans had the main public focal point at the corner of Broadway and 1s` Street SE, with a large public open with a glass elevator and grand staircase. The proposed plans now have the main public entrance to the skyway moved slightly to the north. The applicant is still consulting with staff on the final location and design of the public entrance to the skyway system. Staff feels that a final location and design will be agreed upon prior to the submittal of the final plan. Please see the attached narrative report provided by the applicant for additional details on the project. Incentive Development: The Incentive Development provisions of the Land Development Manual allow for a higher intensity development when certain actions are taken by the landowner to make the development more attractive and publicly acceptable. These actions may include additional open space amenities, traffic and pedestrian amenities and/or design features. The Incentive Development approval procedure is a two step process consisting of a preliminary plan and a final development plan. The preliminary plan is reviewed under a Type III, Phase II, procedure with a public hearing before the Planning Commission and a public hearing before the Council. The final plan is reviewed under the Type III, Phase III, procedure which requires a review before the Commission and hearing before the Council. The Council does have the authority to waive the final plan. The criteria to be considered when reviewing an Incentive Development are listed in Paragraph 62.630 (1), which is attached for your review. This section considers the suitability of the area and the site design. The preliminary plan may be approved if it is found that the development has addressed and satisfied all of the criteria, or that a practical solution consistent with the public interest can be incorporated into the design. Density bonuses are granted in exchange for the incorporation of features determined to be of public benefit. Features to be considered are listed in Paragraphs 62.651-62.659 of the Ordinance. The sections applicable to this project are attached for your information. Proposed Development: Within the CBD-CDC zoning district, a floor area ratio of 6 is permitted. The total site area for this development is 15,400 sq. ft, which would allow for 92,400 sq. feet of development. This project proposes approximately 328,000 sq. ft. of space. The applicant is requesting approval for a floor area ratio of up to 23 (23 X 15,400 = 354,200 maximum sq. ft.). The bonus categories that apply in this case are: Density Bonuses: Section 62.656 Bonuses in the Central Development Core: #1 Architectural Treatment: This development proposes to include high quality building materials, with a pedestrian friendly base. Above the third floor the building will be set back from the north and east property lines. #3 Protection to Pedestrian Traffic: Extension of the skyway system is proposed with this project, which will provide connection to a public parking ramp. Canopies and awnings are proposed over the sidewalk. A passenger loading zone is proposed along is' St. SE. Page 4 Rochester Development, Broadway Plaza November 9. 2001 #4 Streetscape Improvements: Incorporated into the site plan are improvements, within the public right -of --way including, landscaping materials, paving patterns with varying materials and exterior lighting. This development proposes to continue the character of the existing streetscape pattern for Broadway through the project while upgrading this pattern by integrating higher quality materials adjacent to this site. Section 62.657 Bonuses in All Residential Development: 41 Proximity to Neighborhood Facilities: This project is located within % mile of an elementary school, Y mile of a junior high and % mile of a neighborhood shopping or a convenience retail use. #3 Proximity to Bus Shelter: This project is proposed within X mile of an existing bus shelter. #4 Site Planning: Residential units are designed to incorporate private outdoor spaces and individual unit privacy. Section 62.658 All Development: #4 Street Improvements: This project will include improvements to 1s' St. SE. These improvements include rebuilding the roadbed, realignment of the curb and gutter, new sidewalks and street lighting. #5 Utility Services: This project will include upgrading the watermain along 15t St. SE and the electric service along the alley. Utility locations and connections will need to be reviewed and approved by the City. Criteria & Findings: The criteria to be considered when reviewing an Incentive Development are listed in Paragraph 62.630 (1), which is attached for your review. This section considers the suitability of the area and the site design. The preliminary plan may be approved if it is found that the development has addressed and satisfied all of the criteria, or that a practical solution consistent with the public interest can be incorporated into the design. Staff suggests the following findings: 1) Preliminary Development Plan Criteria: a) Suitability of the Area: The proposed site is suitable as the location for an Incentive Development. The proposed use should be compatible with the existing land uses in the area. b) Site Design Criteria: 1) Capacity of Public Facilities: Utilities exist adjacent to this project. Some utilities will need to be modified (i.e. water and electric) 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 applicant will need to work with the City to resolve issues related to the Walker Parking Study and the supply of and demand for parking, prior to submitting the Final Development Plan application. This project proposes a Page 5 / V Rochester Development, Broadway Plaza November 9, 2001 pedestrian loading zone within the 15' St. SE right-of-way. In addition, off-street parking and truck loading areas are proposed within the project. A construction access management plan will need to be prepared for review and approval by the City Engineer prior to the issuance of building permits. 5) Height Impacts: This project proposes 26 floors with a total building height of approximately 342 feet. Due to the slender design of this building, shadows will be minimized. The applicant has submitted shadow impact diagrams in the previous submittal. The structure is not expected to destroy views from the primary exposures of nearby residential dwelling units. 6) Setbacks: The provisions for the "Multi -Family Residential" use category within the CDC-CBD require conformance with standards and setbacks applicable to multi- family dwellings in the R-4 (High Density Residential) district. Through the Incentive Development application, the applicant is requesting to exceed the floor area ratio allowed in the CDC-CBD. In order to achieve the additional floor area on this relatively small site, the building will not comply with those setbacks. 7) Internal Site Design: This pro�ect is designed to orient retail uses on the first two floors toward Broadway and 1s St. SE. The main public street level access that provides the connection to the skyway is located fairly close to the southwest corner of the building (Broadway and 1 s' Street corner). The building is setback from the north and east property lines above the first three floors. 8) Screening and Buffering: Residential units are designed to incorporate private outdoor spaces and individual unit privacy. 9) Ordinance Requirements: Below grade parking proposed with this project does not meet Ordinance requirements. The applicant will need to revised plans or seek a variance to these standards. Staff Recommendation: Based on the above findings, the Planning staff recommends approval of this Incentive Development Preliminary Development Plan, Subject to the following conditions or modifications: 1. The Final Development Plan application shall include: • Revised building elevations that identify dimensions, building materials, colors and type of glass; • Additional details for the canopies and awnings, including materials, colors and elevations; • Details for exterior lighting, on the building and in the right-of-way; • Additional details for the streetscape, including materials, plantings, colors and elevations; • A sign plan, if signs will be proposed; • Revised utility plans to have only one sanitary sewer and storm sewer connection to Broadway utility trunk lines utilizing a common trench; • Modifications to the first floor loading docks and below grade parking to eliminate conflict points and comply with Ordinance standards, unless a Variance is approved. Page 6 Rochester Development, Broadway Plaza November 9. 2001 2. The Walker Parking Study does not represent the current supply of parking available to serve this project. The applicant shall coordinate with the City to resolve issues related to the supply of and demand for parking, prior to submitting the Final Development Plan application. 3. The applicant must abandoned the existing domestic and fire service connections as identified in item 2 from RPU Water Division comments dated September 21, 2001. 4. The applicant shall provide the City with drainage and capacity calculations of the surrounding stormwater system to address sheet draining from the significant surface area of the building, and provide additional details regarding the street drainage patterns necessitated by the drop-off lane on ls` Street. 5. Any needed sidewalk panel repair and/or replacement work shall be done concurrent with this project at the Owner's expense. 6. The cost of any needed City utility and/or street modifications will be the responsibility of the OwnenDeveloper. Any such work must be performed under a CitylOwner Contract. Relocation of private utilities in the alley shall be coordinated with the City. 7. The alley adjacent to the project shall be reconstructed as concrete instead of bituminous. Prior to the issuance of building permits, a construction access management plan shall be prepared for review and approval by the City Engineer. B. The applicant will need to modify the plans to comply with Ordinance regulations for on -site parking design, or file for variances to be considered at a future date. 9. The applicant shall continue to work with Staff on the final location and design of the public entrance to the skyway system from Broadway. Final location and design will need to be resolved prior to the submittal of the final plan application. 10. It appears that a portion of the revolving door is within the right-of-way of ist Street SE. The door will need to be moved outside of the right-of-way if the City doesn't grant a revocable permit for it. NOTE: Any private construction work associated with this project, within a public street or alley right-of-way will require an obstruction permit and a revocable permit for permanent fixtures in the right-of-way. Page 7 Rochester Development, Broadway Plaza November 9, 2001 EXCERPTS FROM THE ROCHESTER ZONING ORDINANCE AND LAND DEVELOPMENT MANUAL 62.630 CRITERIA FOR INCENTIVE DEVELOPMENTS: In determining whether to approve, approve with conditions, or deny an application, the Commission and Council shall be guided by the following criteria: 2) Preliminary Development Plan Criteria: a) Suitability of the Area: The Commission and Council shall find that the proposed site is suitable as the location for an Incentive Development based on consideration of the following factors: 1) The proposed use is compatible with the existing land uses in the area or the pattern of zoning within 1,000 feet of the property boundaries. 2) The natural characteristics of the site under consideration, including topography and soil characteristics, necessitate increased density to allow for economic development of the site. b) Site Design Criteria: The Commission and Council shall find that the preliminary development plan design is consistent with the following guidelines: 1) Capacity of Public Facilities: The existing or future planned utilities in the area are adequate to serve the proposed development. 2) Geologic Hazards: The existence of areas of natural or geologic hazard, such as unstable slopes, sinkholes, floodplain, etc., has been identified and the development of these areas has been taken into account or will be addressed in the final development plan. 3) 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. 4) Traffic Generation Impact: Anticipated traffic generated by the development will not cause the capacity of adjacent streets to be exceeded, and conceptual improvements or the need for improvements to reduce the impact of access points on the traffic flow of adjacent streets have been identified where needed. 5) Height Impacts: For developments involving new construction, the heights and placement of proposed structures are compatible with the surrounding development in the following manner: a) The structures will not deny adequate sunlight to surrounding properties; b) The siting of the structures will not destroy views from the primary exposures of adjacent residential dwellings; Page 8 Rochester Development, Broadway Plaza November 9, 2001 6) 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. 7) 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. 8) 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, unwanted pedestrian/bicycle access, or to subdue differences in architecture and bulk between adjacent land uses. 9) 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. BONUS DENSITY 62.656 Central Development Core: The criteria listed in this paragraph will be considered in granting bonus floor area in the Central Development Core (CDC) District. 1) Architectural treatment that involves the restoration or enhancement of significant historical, architectural or cultural features of existing buildings, or new construction which is harmonious with existing development in that: a) it avoids abrupt changes in scale, or b) it incorporates increased setbacks at floors above the second story. 2) Buildings adjacent to or across the street from public open spaces located to the north are designed in such a manner so as to allow sunlight to enter such spaces over sixty (60%) percent of the daylight hours for up to nine months of the year. 3) The design of the development incorporates features which provide protection to pedestrian traffic from adverse climatic conditions. Such features include: a) Skyway or subway connections to adjacent buildings across right-of-way; b) Canopies or other exterior coverings over sidewalks; c) Heated sidewalks; d) Enclosed connections to public parking ramps, and e) Provision of off-street or protected passenger loading zones. 4) Provision of streetscape improvements which enhance the visual appearance and create a feeling of openness on the site as perceived at street level. Such amenities shall include boulevard plantings, street lighting, sitting areas equipped with benches, or other open space such as plazas or vest-pocket parks. Page 9 Rochester Development, Broadway Plaza November 9. 2001 5) Making available space for small retail or business uses that have been displaced as a result of redevelopment occurring within the Central Development Core district. 6) When the development does not abut an alley, the provision of other means for off-street loading and deliveries. 62.657 All Residential Development: The criteria in this paragraph may be considered for granting bonus density in all residential developments districts. 1) Proximity to Neighborhood Facilities: The development is designed with a minimum of two bedrooms per unit and meets three of the following locational criteria in relation to neighborhood facilities, a) it is within 1/4 mile of a nursery school b) within 1/2 mile of an elementary school c) within 3/4 mile of a junior high school d) within 1/4 mile of a neighborhood playground e) within 112 mile of a neighborhood shopping center or 1/4 mile of a convenience retail use. 2) Dedication of land for public recreation use which is in excess of any ordinance requirements for usable recreation space. Facilities to be considered include playlots, neighborhood parks, community parks, special use parks, city squares or triangles, parkways or trail systems providing access to major public facilities or along environmental corridors. 3) Development within one -quarter mile of a bus shelter or the provision of a new bus shelter along an existing transit route. 4) Installation of noise buffers where the development is exposed to traffic -generated or industrially -generated noise exceeding the permitted residential noise level of this ordinance. The buffer shall reduce the level of noise to a level no more than five decibels above the permitted noise level. 5) Site Planning: Integrated design of the site, individual lots and floor plans so as to provide 1) a varied streetscape (through varying garage and dwelling unit entrance location, landscaped front yards designed as part of initial project, or building variations that create identity through the use of features such as setback variation, archways, chimneys or recessed areas) and 2) individual unit privacy, (through orientation of major indoor areas to private outdoor spaces or window placement in such a manner so as not to create sightlines into neighboring units or private outdoor areas). 6) Housing for Low Income Households: Aside from the other provisions of this section, any unit constructed for low income families shall earn a bonus of one (1) additional dwelling unit, up to the maximum density with bonus permitted. The units shall meet one of the following three requirements: Page 10 Rochester Development, Broadway Plaza November 9. 2001 a) They are provided under a contract with a governmental housing authority which provides assurance that the units will be made available to low income families for at least twenty-five (25) years; b) The units are subsidized by either the federal, state or local government; c) The development application is accompanied by covenant documents or other adequate documents guaranteeing the use of those dwellings for low income families. The documents shall not be accepted until approval by the City as to legal form and effect, providing that the use restriction be for at least 25 years. In no event shall this bonus be permitted where subsidized or guaranteed units constitute more than thirty (30%) percent of a development, except where the development consists of less than ten (10) dwelling units. 7) Storm Shelter: The providing of storm shelter space in accordance with the provisions of Paragraph 62.266(3). 62.658 All Development: The criteria in this paragraph may be considered for granting bonus density in all developments: 1) Storm Water Management: The developer provides on -site or off -site improvements to stormwater facilities that will minimize existing flooding, erosion or siltation problems resulting from obsolete or non -existing stormwater facilities up or downstream from the tract in question; or the developer provides improvements such as over -sized retention basins, channel improvements, or recharge facilities which reduce or eliminate existing flooding, erosion or siltation caused by urban development either up or downstream. The City Council shall determine that the existing problems are sufficient to grant the bonus, based upon the recommendation of the City Engineer. 2) The development proposes to integrate the reuse of an existing structure which has been vacant for 24 consecutive months. 3) Easements consistent with the flood control project are provided, or other bank treatment or river beautification which will result in increased usage of the area along existing streams for walking, sitting, or other means of passive recreation are developed. 4) Street improvements normally provided by the City of Rochester are constructed, dedicated or paid for by the developer. Examples include the provision of right-of- way for arterial streets beyond that normally required to be dedicated, or the construction or payment for turn lanes, signal lights, increased pavement depths, etc. 5) Utility Service: The development of the site will lead to increased efficiency in the existing public utility delivery system or the more efficient use of already existing utilities. This means, a) that the necessary utilities already exist on the property to be served, or b) the development of the property will provide a necessary link or connection to complete the system or improve service. Page 11 Rochester Development, Broadway Plaza November 9, 2001 6) Integrated Planning: The proposed development involves the integrated development of a site which is a minimum of one acre in size and located in an established district. 7) Each four (4) percent increase in the landscape area ratio above the minimum required shall be considered as meeting the criteria for bonus density/Floor area or an increase in plant materials so as to exceed minimum requirements. 8) The proposed development minimizes access points by utilizing shared access points with adjacent developments, resulting in a reduction in the number of driveway openings on a collector or higher level street. 9) Parking lot landscaping for the purpose of screening residential areas and/or right- of-way areas from concentration of vehicles. /a� To: Brent Svenby, Rochester -Olmsted Planning Department From: Douglas A. Knott Date: October 2, 2001 Subject: Broadway Plaza Incentive Development Application Attached are my comments on the Broadway Plaza incentive development application. The current plans have not been reviewed with the Downtown Development District Advisory Board. Review by the Advisory Board will occur as part of the tax increment negotiations. I believe that it would also be useful to have CUDE's comments on the design prior to final approval. ➢ At a minimum, renderings showing detailed exterior elevations and streetscape plans should be required as a condition of final approval (with indication of building materials and colors). A model or computer generated images showing the building from critical views would be desirable. ➢ Detailed streetscaping plans and specifications will need to be submitted and reviewed by the Public Works Department. ➢ The developer should submit additional information on any exterior lighting proposed for the building. ➢ The report cites a parking study by Walker Parking Associates indicating that the project creates a total demand for 94 parking spaces, 18 of which are to be provided on -site (the previous submission had on -site parking for 37 vehicles). The Development District Office believes that the parking analysis significantly underestimates the actual parking demand. I suggest that approval be contingent upon the resolution of questions regarding the number of spaces needed, how they will be paid for, and their location. The developer should provide an indication of how many of the apartment units are intended for extended stay occupants and how many are intended for permanent residents. ➢ Canopies, awnings and balconies extending above the public right of way will require approval by the city and MNDOT. /06 The skyway route from the First Street Parking Ramp through Broadway Plaza appears to accommodate future extensions of the skyway system. Bridge and corridor widths are adequate. Broadway Plaza should be designed to support the north end of the bridge without having to set columns in the First Street SE right-of- way. ➢ The plans show a future skyway bridge crossing Broadway at the southwest corner of the building (approximately 150 feet north of the Radisson to Galleria bridge). A connection point at mid -block would be preferable in terms of spacing and would provide greater flexibility in serving future development. ➢ Under Criteria for Incentive Developments i.b.)7.), Internal Site Design, the applicant indicates that the comer of Broadway and First Street "is being developed in such a way to highlight activity and interest". In actuality the comer provides access to private tenant space. The main public street level access and the stair and elevator tower that provide the connection to the skyway are relegated to the northwest comer of the building. The main public entrance and the stair and elevator should be moved to the Broadway/First Street corner as was the case in the previous design. The revolving door shown on the plan is not desirable from a user standpoint. ➢ The ground level floor plan locates the valet parking office, the security office, and a switchgear room along First Street frontage of the building. In order to create a more pedestrian friendly environment these service and mechanical functions should be moved to secondary locations leaving the building frontage for retail and commercial use. ➢ Previous design discussions have emphasized the need to fit the building into its surroundings. The design should include greater architectural emphasis on the transition between the 3rd and 4th floors (between the base and the tower). This could, for example, include repeating the cornice that is used in the upper levels of the building. ➢ It is my understanding that on -site parking is not required by the zoning ordinance but, if it is included, it must be designed to meet the ordinance requirements. I do not believe that the double loaded stalls in the Broadway Plaza underground parking are permitted in the land use manual. The parking serves a critical need. It is intended as valet parking and I support a variance from the ordinance requirements. ➢ Based on discussions with the City Attorney's office and Planning Department staff I don't think that the storm shelter provisions contained in the zoning ordinance are enforceable any longer. This was an item of discussion on the previous application. Development District staff has been working with Royal Management for over three years on this project. We have had an independent architectural fuzn inspect the buildings currently located on the project site. The architect has determined that the existing structures are in need of substantial rehabilitation or clearance. In addition to cleaning up a dilapidated area the project will extend the skyway system and encourage additional development in the block. /o i The development of a residential base in the downtown area will help enliven the central business district and the building occupants will support other downtown businesses. Subject to the comments noted above I support approval of the incentive development application submitted for the Broadway Plaza project. C: Steve Kvenvold, Gary Neumann, Terry Spaeth /D2 DATE: TO: FROM: SUBJECT: ROCHESTER September 24, 2001 Jennifer Garness, Planning Lyle Felsch, Deputy Chief V.00H.k STE•R. �.«�\.:\p .01 �R'�Tf D.A000ST,a•� DAVID A. KAPLER, Chief Rochester Fire Department 201 4th Street SE, Room 10 Rochester, MN 55904-3726 (507)285-8072 FAX #(507)285-8256 Type III, Phase II Incentive Development Preliminary Plat #00-35, Broadway Plaza building, located north of 1" Street SE and East of Broadway, the formal Public Library, Christmas Shoppe and Open Table sites. With regard to the above noted general development plan, the fire department has no objection to approval with the following comments: 1. Existing fire protection water supplies and Fire Department access requirements for this project are acceptable as proposed. 2. Final Fire Department approval of this project will require full compliance with the building and fire codes for a mixed residential and commercial use high-rise building. c: Donn Richardson, RPU, Water Division Rochester Development, Inc. 7611 Little River Turnpike, Suite, 304W, Annandale, VA 22003 Burk Hill Kosar Rittelmann, Assoc. 650 Smithfield Street, Suite 2600, Pittsburgh, PA 15222 rpu we pledge, ve deliver September 21, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: RESUBMITTAL: Type III, Phase II, Incentive Development, Preliminary Plan #00-35 by Rochester Development, Inc. to develop a 26 story building to consist of long-term and short-term stay housing, retail, restaurant and a fitness center. The property is the former Public Library, the Christmas Shoppe and the Open Table. Dear Ms. Gayness: Our review of the referenced Incentive Development Request is complete and our comments follow: 1. We are currently working with the applicant's civil engineering firm on the alignment and timing of the necessary water main relocation within 15` St. SE. 2. The existing domestic and fire service connections to the 2 buildings along North Broadway that are no longer to be used must be abandoned properly per our requirements. The existing service to the former Public Library will be abandoned as a part of the water main relocation. Please contact us at 507-280-1600 if you have questions. Very truly you��rs,���� 0644tt rs%n,•,� Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Mike Glenzinski, City Public Works Vance Swisher, Fire Prevention Bureau Greg Torchia, Burt Hill Kosar Rittelmann Associates Rochester Development, Inc. Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 O%NNESO)R AO y F IF OF T PkN October 2, 2001 Jennifer Gamess Minnesota Department of Transportation Rochester -Olmsted Planning Department 2122 Campus Drive SE — Suite 100 Rochester, MN 55904 District 6 2900 — 48" St. NW Rochester, Minnesota 55901-5848 Re: Type III, Phase II Incentive Development Preliminary Plat Dear Ms. Gamess: Phone 280-2913 The Minnesota Department of Transportation (MnDOT) has reviewed the Type III, phase II Incentive Development Preliminary Plat #00-35 by Rochester Development, Inc. Please be advised of the following: • Extremely difficult to give a proper review, because we cannot see enough detail at the scale of the layout. • There will be no encroachment on MnDOT right of way and this includes spread footings. • Is there a traffic impact report for us to review? • Alley on the east side of the building should be one way. • Cannot determine traffic pattern to basement parking. • Will need a limited use permit from MnDOT right of way section for the planters on the right of way. Will there be lighting on the right of way? Thank you for the opportunity to review this proposal. If you have any questions please contact Fred Sandal, Principal Planner at 507/285-7369 or Debbie Persoon-Bement, Plan and Plat Review Coordinator, 507/281-7777. Sincerely, Dale E. Maul Planning Director c: Tony Hanes Terry Ward Mark Trogstad-Isaacson File Fred Sandal Debbie Persoon-Bement File An Equal Opportunity Employer APPLICATION MATERIALS 10 4b ROCHESTER DEVELOPMENT, INC. September 11, 2001 Ms. Mitzi Baker, Planner C/o Ivls. Theresa Fogarty Rochester -Olmsted Planning Department 2122 Campus Drive, SE Rochester, MN 55904-4744 RE: BROADWAY PLAZA Dear Dos. Baker: The architectural firm on our Project has been recently replaced with the architectural firm of Burt hill Kossar & Rittelmann Associates. As a consequence of this change, the Incentive Development Preliminary Plan #00-35 for the Project that was previously submitted to your office on December 14, 2000 is hereby withdrawn. We axe corrimitted to developing the Broadway Plazn Project at the earliest citric and to this end you should be receiving shortly under separate cover from Burt Mill a revised Incentive Development Preliminary Plan for our Project. Kindly accept and process this application at the earliest tirne and thank you send your staff for all of yotut er�ucd assistance for Broadway Plaza. ,i1-A;I v-- i mad A. Baker President r 6 1 1 I. i T T L 1: R I V U. R T U R N P I K F, S U I T r. ] V 4 W" ANNANDALti, VA 220fi, PH0NI, 7111.916-6191 PAX 003.916-9799 BROADWAYPL% Type III, Phase II Incentive Development Application - Preliminary Submission �� ✓ September 13, 2001 Rochester Development, Inc., owner Burt Hill Kosar Rittelmann Associates, architecture, site and civil engineering Broadway Plaza Project Description Development Program: Broadway Plaza is a 328,000 SF mixed -use project consisting of high -quality residential apartments (for long-term and short-term tenants), retail space adjacent to a continuation of the city skyway system, a street -level restaurant, and a fitness center. The project is located on the comer of Broadway and First Street SE on the three parcels known as the former Public Library, the Christmas Shoppe, and the Open Table. The project site area is owned by the developer and is 110' x 140' (15,400 SF) in size. The building is a 26-story structure (plus basement and mechanical penthouses). The basement contains a limited number of underground valet parking spaces. The first floor contains building entrances, apartment lobby, retaiUrestaurant space, and building support/service space (loading docks, mechanical, etc.) The second floor contains the public skyway extension, retail shops, access to the apartment elevator bank and building service/support spaces. The third floor consists of the fitness center, function room, management offices, and building service/support spaces. These floors (basement, first, second and third) are built to the maximum lot size. The residential tower (floors 4-26) is set -back from the base at the north and east sides of the building in accordance with zoning regulations and to ensure proper daylighting to apartments if future development ensues on adjacent parcels of land. The residential tower contains 146 units consisting of a mixture of 24 one -bedroom units, 120 two - bedroom units and 2 four -bedroom units. Within each of these categories of units there are a variety of options: such as additional bedroom, office or den and range of size and layout. The intent is to provide a range of options that address the differing resident needs. Summary of key program elements: • Below -grade enclosed valet parking garage for 18 cars • 3,200 NSF of street level retaiUrestaurant lease space • 4,150 NSF of skyway level retail lease space • 2,500 NSF of dedicated skyway access (not including skyway connection across First Street SE) • 5,200 NSF of third floor Pool/Fitness Center • 146 residential units The parking plan is supported by a Parking Study prepared by Walker Parking Consultants. The Study identifies the need for 94 parking spaces, of which 18 parking spaces will be provided under ground in the building. These 18 spaces maximize the usable area of the basement minus core and structural elements and mandatory mechanical rooms. Rochester Development, Inc. will work with the city to resolve issues related to the supply of and demand for parking, prior to submitting the Final Development Plan. N:1010240ftorAincentive.sub.doc Page 1 of 12 BROADWAY PL a // Type III, Phase II Incentive Development Application - Preliminary Submission September 13, 2001 Retail/Restaurant/Office uses occupy all of the space on the street and Skyway levels that are not required for the housing component, the lobby or support functions. These areas are easily accessed from both the street and the Skyway. The intent is to provide a variety of retail spaces focusing on services and food retailing. The pooVfitness center is located on the third floor of the building and is intended for use by the apartment residents; however further study is underway to establish the base building usage and any excess capacity available for public use. Building Materials: The 3-story building base will contain a mixture of natural stone facing, architectural pre- cast concrete and glass. The building base will be finely detailed and will draw attention to the entrances of the building. Rising above the base, the materials for the tower will be simplified to architectural pre -cast concrete and glass. Each apartment includes a shallow French balcony and the 26th floor incorporates roof terraces at the corners. These design features are intended to enhance the building livability from both the inside and outside. The building will be crowned in such a way as to acknowledge its prominent position in the Rochester skyline and will be emphasized by its form and by lighting. Urban Design: On an urban scale, Rochester Development, Inc. and Burt Hill, have addressed the critical aspects of a development that works to strengthen the character of a healthy downtown environment. Broadway Plaza addresses the goals of a pedestrian urban center, implementing uses consistent with the needs and character of Rochester. Focused design attention addresses: • the potential of future development on this block and adjacent blocks • the image of the building and its role in the skyline of Rochester • the critical urban nature of a building meeting the street while accommodating a pedestrian scale • the provisions of a pedestrian focused environment, both on the street and above the street • the expression of a long-term, high quality residential building making a commitment to the future growth in Rochester The streetscape development of patterned paving, trees, plantings and seating areas will enhance the environment for pedestrian movements between the Mayo Clinic, the Civic Center, the CBD and the River. The tall, slim profile of the building provides visual identity to the project while maximizing the sunlight available to adjacent areas, making land available on the remainder of the block for future, and maintaining views from adjacent buildings. An entrance to the apartment lobby will be located on First Street SE adjacent to a new vehicular drop-off. This entrance will be marked by a generous canopy that will provide shelter from precipitation. Valet service will be provided at this entrance. NAO I 02400%corNncentive.sub. doc Page 2 of 12 BROADWAY PLO • Type III, Phase II Incentive Development Application • Preliminary Submission September 13, 2001 Loading docks and entrance to below -ground valet -parking will be located off of the alley at the east side of the site. This location will have the least impact on vehicular and pedestrian traffic along Broadway and First Street SE. The project provides a public entrance on Broadway at the North-West comer of the site. This entrance is recessed and will be marked by a canopy to provide easy identification and shelter. This street level lobby will contain a dedicated elevator and grand stair that will provide access to the second level Skyway system. This public pedestrian corridor will wrap the entire comer of the building, along Broadway and First Street SE providing a continually active farrade and will support retail development at this level. As a part of this project there will be a Skyway connection across First Street SE from Broadway Plaza to the parking ramp located at First Street SE and First Avenue SE. The location of the interior pedestrian through -way allows for a future Skyway connection across Broadway or continued expansion north for any future development that is made on adjacent property. A separate entrance will be provided at the comer of Broadway and First Street SE for a proposed restaurant tenant. This corner is cut back to allow for a natural protected overhang and to provide friendlier pedestrian access around the comer of the building. The openness of this corner will also allow for outdoor dining in appropriate conditions and will help to make an impact at this prominent downtown corner. This type of visible activity, which is outward facing, will enhance the entire downtown environment A healthy and vibrant urban environment invites people to live and shop downtown. Broadway Plaza will invite people downtown, but even more critically, it will provide a steady stream of residents to the area. The short-term and long-term stay residents will certainly enrich and enliven the downtown and help assure the continued economic success of the existing Central Business District. Broadway Plaza works to incorporate critical aspects and concerns of the City of Rochester that are of public benefit. This project goes beyond the minimum expectations for housing and establishes a high standard of expectation for development downtown. It will create a landmark building that is consistent with the character and established urban form of the City. Incentive Development: The purpose of policies set out in the City of Rochester Zoning Ordinance and Land Development Manual, is "to encourage innovation in land development by removing regulatory barriers to the consideration of new or unique ideas which are consistent with the purposes and policies referenced and to create a system of land use regulation that is intent on finding equitable solutions to the land use conflicts which routinely arise as development occurs, so as to provide for the orderly development of land within Rochester and to conserve the value of land and buildings." (§60.111) Broadway Plaza will re -develop the former library block with public space amenities and a vibrant streetscape environment. Within the CBD-CDC zoning district, a floor area ration of 6 is permitted. The total site area for this project is 15,400 SF which would allow for 92,400 SF of development. This NA010240ftorAincentive.sub.doc Page 3 of 12 BROABWAYPLM • // 11 Type III, Phase II Incentive Development Application - Preliminary Submission September 13, 2001 project proposes 328,000 SF of development. Rochester Development, Inc. is requesting approval for a floor area ratio increase of up to 23 (23 x 15,400 = 354,200 maximum SF) The applicable bonus categories from sections 62.630 Criteria for Incentive Development, 62.656 Bonuses in the CBC, 62.657 Bonuses in all Residential Development and 62.658 All Construction follow, with project specific information in italics. 62.630 CRITERIA FOR INCENTIVE DEVELOPMENTS 1. PRELIMINARY DEVELOPMENT PLAN CRITERIA a.) SUITABILITY OF THE AREA: The commission and Council shall find that the proposed site is suitable as the location for an Incentive Development based on consideration of the following factors: 1.) Compatible use: Broadway Plaza is a mixed -use housing/retail development that is compatible with other retail and housing uses within 1,000 feet of the property and meets the Central Development Core goals. The high density housing development is supported by two floors of retalUoffice with connections to the Skyway system. 2.) The natural characteristics of the site: The existing site is a portion of an urban block with vacant structures that will be demolished and replaced with this development. Broadway Plaza will continue the streetscape fabric and pattern of retail /Skyway experience. b.) SITE DESIGN CRITERIA: The Commission and Council shall find that the preliminary development plan design is consistent with the following guidelines: 1.) Capacity of Public Facilities: The existing and planned utilities have been coordinated with the City of Rochester and applicable utility organizations. a. Water: A new 12 " water main will installed along First Street SE to replace the existing main. 8" water connection to be building will be teed from this new water main. b. Sanitary & Storm: New sanitary and storm connections will be main made along Broadway into the existing 27" sanitary sewer main and the 37" storm main. 8" Storm connections will be wyed. 8" Sanitary connections will be provided via manhole installation. c. Gas: Gas service will connect into the existing 4" main along the alley. d. Electric: The existing underground electric within the alley will be relocated to the eastern side of the alley and transformers (including an existing transformer) will be pad mounted the east side of the Broadway Plaza site. NAO1 02400%corN neentive.sub. doc Page 4 of 12 BROADWAY PL16 « ( �j Type III, Phase II Incentive Development Application - Preliminary Submission September 13, 2001 2.) Geoloeic Hazards: The existence of areas of natural or geologic hazard, such as unstable slopes, sinkholes, floodplain, etc., has been identified and the development of these areas has been taken into account of will be addressed in the final development plan. Non Applicable 3.) 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. Non Applicable. 4.) Traffic Generation Impact: Anticipated traffic generated by the development will not cause the capacity of adjacent streets to be exceeded, and conceptual improvements or the need for improvements to reduce the impact of access points on the traffic flow of adjacent streets have been identified where needed. The Parking and Traffic Study previously completed by Walker Parking Consultants, indicates the proposed project will require 94 parking spaces. There are currently 18 valet garage parking spaces under the building with access from the alley. Rochester Development Inc. will work with the City to resolve issues related to the supply of and demand for parking, prior to submitting the Final Development Plan application. There is a passenger loading zone designed along First Street SE and a truck service area designed along the alley. 5.) Height Impacts: For developments involving new construction, the heights and placement of proposed structures are compatible with the surrounding development in the following manner: a.) Sunlight access: The structures will not deny adequate sunlight to surrounding properties: Because of the small footprint and relative slender building size, shadows will be minimized. The total building will be 342 feet. Shadow impact diagrams had been previously submitted to confirm the minimization of shadows and are still applicable as the building mass has not changed. b.) View Corridors: The siting of the structures will not destroy views from the primary exposures of adjacent residential dwellings: There are no nearby existing buildings that will have any significant views changed. 6.) 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. Through this Incentive Development application, Rochester Management Inc. is requesting to exceed the, floor area ratio NA010240ftorAIncentive.sub.doc Page 5 of 12 BROADWAY PL • Type III, Phase II Incentive Development Application - Preliminary Submission September 13, 2001 allowed in the CDC-CBD in order to achieve additional floor area on this small site. The building will not comply with the permitted height limitations, other required setbacks are in compliance. 7.) Internal Site Design: For developments involving new construction, the preliminary site layout indicated adequate building separation and desirable orientation of the buildings to open spaces street frontages or other focal points. The pubic entrances (to skyway, retail and apartments) are located on the two main pedestrian and vehicular ways: Broadway and First Avenue SE. The comer is being developed in such a way as to highlight activity and interest. All services and the garage entrance will be accessed from the alley. 8.) 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, unwanted pedestrian/bicycle access, or to subdue differences in architecture and bulk between adjacent land uses. The residential units are designed to incorporate French balconies and individual unit privacy. The residential tower begins at the 4`h floor to further separate it from street level activity. All building service oriented functions (including refuse storage) will be accessed from the alley to avoid overlap with residential or public functions. 9.) 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. Item 4: The Parking and Traffic Study previously completed by Walker Parking Consultants, indicates the proposed project will require 94 parking spaces. There are currently 18 valet garage parking spaces under the building with access from the alley. Rochester Development Inc. will work with the City to resolve issues related to the supply of and demand for parking, prior to submitting the Final Development Plan application. There is a passenger loading zone designed along First Street SE and a truck service area designed along the alley. The streetscape incorporates the use of street trees in the character of the surrounding environment. 62.656: CENTRAL DEVELOPMENT CORE: The criteria listed in this paragraph will be considered in granting bonus floor area in the Central Development Core (CDC) District. NA010240ftonUncentive.sub.doc Page 6 of 12 BROADWAY PL& a / //) Type III, Phase II Incentive Development Application • Preliminary Submission "� September 13, 2001 1)Architectural Treatment that involves the restoration or enhancement of significant historical, architectural or cultural features of existing buildings, or new construction which is harmonious with existing development in that: a) it avoids abrupt changes in scale, or b) it incorporates increased setbacks at floors above the second story. In order to maintain a sense of scale, the building will be organized such that it has a pedestrian friendly base. It will also incorporate setbacks above the third floor. 2)Buildings adjacent to or across from public open spaces located to the north are designed in such a manner so as to allow sunlight to enter such spaces over sixty (60%) percent of the daylight hours for up to nine months of the year. Not applicable. 3)The design of the development incorporates features, which provide protection to pedestrian traffic from adverse climatic conditions. Such features include: a) Skyway or subway connection to adjacent buildings across right-of-way. The project provides a skyway bridge connection to the parking ramp located at First Street SE and First Avenue SE; which ties in to the city Skyway system. A future bridge connection (not included as part of the project) over Broadway is allowed for in the planning of this project and will help to complete the Skyway "loop "in this part of the city. b) Canopies or other exterior coverings over sidewalks. Canopies and awnings along First Street SE and Broadway have been incorporated into the design. All doors have been recessed to avoid pedestrian conflicts. c) Heated sidewalks. Heated sidewalks will be incorporated as budget allows. d) Enclosed connections to public parking ramps. The project provides skyway bridge connection to parking ramp at First Street SE and First Avenue SE. e) Provision of off-street or protected passenger loading zones. A passenger loading zone along First Street SE has been designed to be centered on the building entrance canopy. 4)Provision of streetscape improvements which enhance the visual appearance and create a feeling of openness on the site N:\0102400\corr\Incentive.sub.doc Page 7 of 12 BROADWAY PLIft • Type III, Phase II Incentive Development Application - Preliminary Submission /aV September 13, 2001 as perceived at street level. Such amenities shall include boulevard plantings, street lighting, sitting areas equipped with benches, or other open space such as plazas or vest-pocket parks. Integral to the design of the building is the elegant fabric of the streetscape. This will be achieved by carrying materials from the building to the adjacent walks and decorative paving announcing building entrances. The current pattern and character along Broadway will be continued for this project with decorative paving, street trees and lighting along both Broadway and First Street SE. First Street SE will be improved to include roadbed construction, realignment of the curb and gutter as well as new walks and street trees and lighting. Broadway will include new curb and gutter, walks and street trees and lighting. The alley is designed with a concrete walk/service area under the building overhang. 5)Making available space for small retail or business uses that have been displaced as a result or redevelopment occurring within the Central Development core district. The project continues the existing pattern of retail / business space along the Broadway street frontage. There is additional space along the skyway circulation path on the second floor, reinforcing the pattern of two level retail space. The retail will be supported both by the residents of the building and pedestrian traffic at street level and the skyway level. 6) When development does not abut an alley, the provisions of other means for off-street loading and deliverables. Not applicable. 62.657: ALL RESIDENTIAL DEVELOPMENT: The criteria in this paragraph may be considered for granting bonus density in all residential development districts. 2) Proximity to Neighborhood Facilities. a) within a 'Amile of a nursery school. None within I/, mile. b) within 1/2 mile of an elementary school Yes. c) within 3/ mile of a junior high school. Yes. d) within 1/2 mile of a neighborhood shopping center or 1/a mile of a retail use. Yes. 3) Dedication of land for public recreation used which is in excess on any ordinance requirements for usable recreation space. Not applicable. NA01024001corAincentive.sub.doc Page 8 of 12 BROADWAY PL • r I Type III, Phase II Incentive Development Application - Preliminary Submission l/ 1 September 13. 2001 4) Development within one -quarter mile of a bus shelter or provision of a new bus shelter along an existing transit route. The building provides awnings and canopies and is within 114 mile to a bus shelter. 5) Installation of noise buffers where the development is exposed to traffic -generated or industrially -generated noise exceeding the permitted residential level of this ordinance. Not applicable. 6) Site Planning. Integrated design of the site, individual lots and floor plans so as to provide: a) A Varied Streetscape. Not applicable. b) Individual Unit Privacy. All units have private views and orientation of the main living area provides glazing and privacy. 7) Housing for Low Income Households. Not applicable. 8) Storm Shelter. The providing of storm shelter in accordance with the provisions of Paragraph 62.266(3). There are no formal provisions for a Storm Shelter at this time; however, requirements for a storm shelter will be reviewed and incorporated into the below grade parking garage if possible. 62.658: ALL DEVELOPMENT: The criteria in this paragraph may be considered for granting bonus density in all developments: 1) Storm Water Management. Currently the building storm system is designed to properly convey storm water collected by the building to the existing conveyance system along Broadway. Burt Hill is coordinating with the City and State drainage and capacity calculations to determine final storm system design. 2) The development proposes to integrate the reuse of an existing structure which has been vacant for 24 consecutive hours. Not applicable. 3) Easements consistent with flood control. Are provided, or other bank treatment or river beautification which will result in increased usage of the area along existing streams for walking, sitting, or other means of passive recreation are developed. Not applicable. NA010240ftorAIncentive.sub.doc Page 9 of 12 BROADWAYPL4b a Type III, Phase II Incentive Development Application • Preliminary Submission J �' September 13, 2001 / d 4) Street improvements normally provided by the City of Rochester are constructed, dedicated or paid for by the developer. Examples include the provision of right-of-way for arterial streets beyond that normally required to be dedicated, or the construction or payment for turn lanes, signal lights, increased pavement depths, etc. This project will improve First Street SE as part of the project and upgrade adjacent sidewalks along all three sides. The First Street SE roadway improvements include the passenger drop off lane and adjacent water main installation work as well as the alley reconstruction. 5) The development of the site will lead to increased effciency in the existing public utility delivery system or the more efficient use of already existing utilities. The project will upgrade both the water main along First Street SE and the electric service along the alley. 6) The proposed development involves the integrated development of a site, which is a minimum of one acre in size and located in an established district. Not applicable. 7) Each four (4) percent increase in the landscape area ratio above the minimum required shall be considered as meeting the criteria for bonus density/floor area or an increase in plant materials so as to exceed minimum requirements. Not applicable. S) The proposed development minimizes access points by utilizing shared access points with adjacent developments, resulting in a reduction in the number of driveway openings on a collector or higher level street. The pedestrian access is via Broadway and First Street SE walks. The alley is utilized by the service functions as well as the garage entrance similar to buildings fronting along Broadway. 9) Parking Lot Landscaping for the purpose of screening residential areas and/or right-of-way areas from the concentration of vehicles. Not applicable. NA010240ftorAincentive.sub.doc Page 10 of 12 BROADWAY PLJ& . i Type III, Phase II Incentive Development Application - Preliminary Submission September 13, 2001 f Occupancy Groups: A3 The restaurant portion of the building is classified as "Group A, Division 3 Occupancy" because the dining area is less than 300 occupants but greater than 50. (UBS 303.1.1) B The retail, skyway, meeting rooms, and health club portions of the building are classified as "Group B Occupancies" (UBC 304.1) Rl The housing portions of the building area classified as "Group R, Division 1 Occupancy" which covers Hotels and Apartment Houses. (UBC 310.1) S3 The parking garage is classified as "Group S, Division 3 Occupancy", enclosed parking garages. (UBC 311.1) Area Summary by Floor and Occupancy Type: Floor Level A3 B RI S3 Floor Areal Gross Area= Basement 0 0 0 0 0 14,700 1 3,322 720 5,0654 0 9,107 13,145 2 0 11,320 2,5105 0 13,830 15,300 3 0 12,696' 0 0 12,696 15,300 4 0 0 10,985 0 10,985 11,225 5 0 0 10,985 0 10,985 11,225 6 0 0 10,985 0 10,985 11,225 7 0 0 10,985 0 10,985 11,225 8 0 0 10,985 0 10,985 11,225 9 0 0 10,985 0 10,985 11,225 10 0 0 10,985 0 10,985 11,225 11 0 0 10,985 0 10,985 11,225 12 0 0 10,985 0 10,985 11,225 13 0 0 10,985 0 10,985 11,225 14 0 0 10,985 0 10,985 11,225 15 0 0 10,985 0 10,985 11,225 16 0 0 10,985 0 10,985 11,225 17 0 0 10,985 0 10,985 11,225 Floor Area is a sum of the gross horizontal floor area measured from the outside face of wall, not including any interior parking spaces, loading spaces, any space where the floor to ceiling height is less than 6'-0", any space devoted to mechanical equipment, terraces, breezeways or screened porches, or basement or other subterranean area not intended for human habitation or service to the public. Z Gross Area is a sum of horizontal floor area measure from the outside face of wall and includes all portions of the building not included in the "floor area" calculations. 3 Basement level indoor parking deleted from floor total (13,473 SF); Mechanical spaces deleted from floor total (1,227 SF) Off-street loading and access to indoor parking deleted from floor total (2.683 SF); Mechanical and Electrical spaces deleted from floor total (1,355 SF) 5 Mechanical and Electrical spaces deleted from floor total (1,470 SF) 6 Mechanical and Electrical spaces deleted from floor total (2,604 SF) NA0102400\corNncentive.sub.doc Page 11 of 12 Ob lb BROADWAYPL Type III, Phase II Incentive Development Application - Preliminary Submission p4 September 13, 2001 18 0 0 10,985 0 10,985 11,225 19 0 0 10,985 0 10,985 11,225 20 0 0 10,985 0 10,985 11,225 21 0 0 10,985 0 10,985 11,225 22 0 0 10,985 0 10,985 11,225 23 0 0 10,985 0 10,985 11,225 24 0 0 10,985 0 10,985 11,225 25 0 0 10,985 0 10,985 11,225 26 0 0 10,145 0 10,145 10,385 27 (Mech.) 0 0 0 0 0 6,394 28 Mech. 0 0 0 0 0 1,640 29 (Mech.) 0 0 0 0 0 1,640 TOTAL 3,322 24,736 259,390 0 287,448 325,454 NA0102400\corNncentive.sub.doc Page 12 of 12 MINUTES OF THE OCTOBER 10, 2001 CITY PLANNING & ZONING COMMISSION MEETING NoJeM&C (0 CPte- MlWP11 5 Page 5 City Planning and Zoning Commission Minutes Hearing Date: October 10, 2001 RIGHT-OF-WAY VACATION: Ms. Wiesner moved to recommend 31dprovalf Vacation Petition #01-11 by Joseph and Wendy Postier and Western Wallsvfnc. Mr. Sfaver seconded the motion. The motion carried 7-0 PUBLIC HEARINGS: long-term and short-term stay housing, retail, restaurant and a fitness center. The property is located north 151 Street SE and east of Broadway on three parcels known as the former Public Library, the Christmas Shoppe and the Open Table A similar request was submitted in December. 2000 and withdrawn by the applicant in September, 2001. Mr. Brent Svenby presented the staff report, dated October 5, 2001, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Mr. Svenby stated that the developer had concerns with regard to providing more retail space along 151 Street and also with the request to move the main entrance to the building at the corner of Broadway and I" Street. Ms. Wiesner asked if there was a height limitation in the CDC. Mr. Svenby responded no. Ms. Petersson asked how many parking spaces the applicant was providing. Mr. Svenby responded 18. He indicated that, as designed, they do not meet the Ordinance requirements. Therefore, the applicant will either need to revise those spaces to meet the standards of the Ordinance or file for a variance. He stated that the applicant did a parking study, as well as the City. He stated that Doug Knott, from City Administration, was present to answer any questions regarding parking concerns. Mr. Slaver asked why staff was recommending that the entrance be moved to the corner of 1" Street and Broadway. Mr. Svenby responded that one criteria for an incentive development is granting bonuses in exchange for incorporating features determined to be a public benefit. He stated that staff felt that it seemed to be more of a public benefit to have the main focal point on the corner of 15t Street and Broadway. Page 6 City Planning and Zoning Conunission Minutes Hearing Date: October 10, 2001 Mr. Staver stated that it seemed conflicting that one of the recommendations talked about, in the future if there were a skyway link across Broadway, the recommendation was to move it further to the north so that it was more at a mid block point. If this were to occur, it would make sense to have the main entrance to be on the northwest corner of the property. Mr. Svenby stated that the skyway connection would be on the second story. With possible future development to the north, the skyway connection makes sense to be moved approximately 150 feet to the north across Broadway. Mr. Doug Knott, of City Administration, addressed the Commission. He explained that there is not necessarily a specific sort of direct relationship with where the building entrance is and where the skyway may be located. He stated that, if the main building entrance to the public were at the corner, it would enliven that space. If it is designed as currently proposed, it could end up being a business that is closed evenings and weekends and have a corner that looks dead. If the main public entrance is located there, there is a space that will be lighted during the skyway hours. Mr. Knott explained that part of the concern of putting the entrance underneath the skyway is that it becomes darker and hides the entrance. If it is at the corner, people will walk by the storefronts on the skyway level to get over to the skyway location. Ms. Rivas questioned the ability to have two entrances. She stated that she did not feel comfortable recommending changing the entrance without more input from the developer and architect. Ms. Rivas stated that MnDOT stated that "There will be no encroachment on MnDOT right of way and this includes spread footings." She questioned if the awning would be in the right of way. Mr. Svenby responded that the awning would hang over the right of way. He explained that he did not think it would be an issue as MnDOT referred to other retail businesses along Broadway having canopies hanging into the right-of-way. Mr. Wheeler stated that it was important to recognize that 1st Street is bounded on one end by the Gonda Building (which is a major entrance to the clinic) and by the Civic Center. He explained that there isn't any other street like it. Therefore, that is one reason to focus retail and public attention to the corner. Mr. Mike Manley, a construction manager for Rochester Development, addressed the Commission. He introduced Jack Grzybet (Project Manager) and Melissa Sarco (Project Architect). Mr. Jack Grzybet, of Burt Hill Kosar Rittelman Associates, addressed the Commission. He stated that he was confused with the recommendation by MnDOT, as he had spoken with them twice and received two different reports. He stated that the right-of-way representative he spoke with told him that it wouldn't be a problem. Mr. Grzybet stated that he had two objections to staff's recommendations. 1) The addition of more retail on Vt Street. Page 7 City Planning and Zoning Commission Minutes Hearing Date: October 10, 2001 He explained that there is not enough square footage to add more retail on 1" Street. Since the drawings were submitted in their preliminary stage, they have met with the Fire Marshall who approves of the idea of having a quick entrance off of Vt Street to the fire command center. He stated that they already squeezed the valet and security offices. He stated that RPU wants transformers at the easterly side of the property, which are related to the switchgear. 2) Moving the public entrance. He explained that he was against it for aesthetic reasons as well as they wouldn't know how to exit their skyway if there wasn't a stairway at that end of the building. He explained that they do not have a lot of square footage to work with. He explained that the entrance was looked upon as being a residential entrance. He stated that development is moving from the south to the north. He explained that if the project gets completed with no development immediately after it, they are at a dead end with the skywalk. Therefore, they had the idea to have the entrance and make it its own massing at that end of the building. Ms. Rivas asked if the entrance would enter into a retail space. Mr. Grzybet responded yes. Ms. Rivas stated that ground level retail spaces are turning into office spaces in downtown. She explained that no one wants another office located there. She indicated that there should be some secondary main entrance to the retail space. Mr. Grzybet stated that there is no space left. He stated that he believes they can prove through the final plan that there is not a lot of room to work with. Mr. Doug Knott stated that putting the entrance at the southwest corner stemmed from a substantial amount of discussion at the CUDE Committee and the Downtown Development. They recognized that 1" Street is the link between downtown and the Civic Center. Having the entrance at the corner makes easy access from someone crossing Broadway from the Galleria. Mr. Knott stated that the previous plans that were approved did have the entrance and stairway at the corner. He stated that the City Council pushed to put in an escalator at the same location. Mr. Knott stated that he was willing to meet with the applicant, consultants, and Fire Marshall. Ms. Petersson asked how the Commission should phrase their recommendation. Mr. Svenby responded that the Commission needed to make a recommendation to the City Council. He explained that the Commission could make a recommendation to direct the applicant to meet with city staff prior to the project moving forward to the City Council to talk about the issues raised. Discussion ensued regarding where the skyway would be located. Page 8 City Planning and Zoning Commission Minutes Hearing Date: October 10, 2001 Ms. Melissa Sarco addressed the Commission. She stated that she researched Code and found that the stair towers are compliant. Mr. Burke stated that the duplication of stairways is an issue as far as locating the entrance. Mr. Grzybet stated that the main reasons for having the entrance located where proposed is due to aesthetics and Code. He explained that they developed the proposed plan based on how it would look from the street. Ms. Wiesner asked if heated sidewalks would be utilized. Mr. Grzybet responded that it is not being considered at this time. Mr. Knott stated that there is no off street parking requirement in the CDC zoning district. He explained that parking is the primary responsibility of the City. He stated that they are currently running close to capacity. Therefore, he discussed adding additional levels onto a current parking ramp and creating an additional parking ramp. Ms. Petersson expressed concern for the occupants of the building not having close enough parking. Mr. Staver asked if the potential parking ramp would coincide with the proposed project. Mr. Knott responded yes. Ms. Christine Schultze, of 503 8�' Avenue SW, Rochester MN, addressed the Commission. She explained that she was present on behalf of CUDE. She expressed dissatisfaction at not seeing detailed information being presented to the Commission and audience. She stated that CUDE was generally supportive of the plan, based on the staff report and conditions recommended. However, given the conversation of where the entrance should be located, she suggested that the Commission continue the item with a recommendation that a meeting occur to discuss the first and second floor. Ms. Schultze stated that Mr. Wheeler's description of the intersection, and its importance within the City, has been one of the continuing conversations when the proposed development has been considered. With no one else wishing to be heard, Ms Petersson closed the public hearing. Mr. Staver asked how much staff time would be needed to figure out the issues brought forward. Mr. Knott responded two weeks. He explained that he would make himself available immediately. Ms. Petersson stated that she expected to see more materials and elevations presented by the applicant. She indicated that the drawings in the staff report were hard to read, due to the size. Mr. Staver agreed with Ms. Petersson. Discussion ensued regarding extending the 60-day rule to 120 days. Page City Planning and Zoning Commission Minutes J Hearing Date: October 10, 2001 Discussion ensued regarding what meeting to continue the item to. Mr. Staver moved to continue Type III, Phase II Incentive Development Preliminary Plan #00-35 by Rochester Development, Inc. to November 14, 2001 to allow time for discussions regarding parking, aesthetics, and entrance to be discussed. Also, for larger detailed drawings to be presented to the Commission. Ms. Rivas seconded the motion. The motion carried 7-0. Mr. Brent enby presented the staff report, dated October 4, 2001, to the C mission. The staff report is n file at the Rochester -Olmsted Planning Department. Ms. Wiesner stat that she would not participate in the discussion a Commissioner, but would sit in the au ce and participate as an interested party. Ms. Lisa Wiesner, of 31 East River Road NE, Rochester addressed the Commission. She explained that she di of participate as a Commissio r as she believes she will have a request regarding upzoning i the near future. Ms. Wiesner asked that, if the R- and R-2 zoning 59tricts are both considered low density residential, why would staff require general deveropment plan for an upzoning. Mr. Svenby responded that the Ordinan a curp6ntly does not require a general development plan for the R-1 zoning district. However, ' ' required for the R-1 x. He questioned why the R- 1 x and R-2 zoning districts should be trea^ differently. Ms. Wiesner explained that she for the R-1x zoning district. development plan should be needed Mr. Svenby responded that the x zoning district lows a number of different uses. For example, manufactured home rks. When the Ordin nce was revised a couple of years ago, the Council expressed concer regarding making adjac in property owners aware of potential development. Therefore, th added the requirement of eneral development plans in certain zoning districts. Mr. Svenby explained th t the criteria that are used when\reving generaldevelopment plans, include if there are ade uate public facilities to serve anyI uses on the zoning districts. Ms. Wiesner asked fit was being used more to protect what may t�going in there and not based on the dens' Mr. Svenby responded yes. With no one else wishing to be heard, Ms. Petersson closed the pub] ring. Mr. Staver rooved to recommend approval of City Initiated Text Antendme t #01-11 to amend .Se ion 51.211 of the'kochester Zonma Ordinance an and Develohment Manual Draft Minutes of the City Planning & Zoning Commission Date of Hearing: November 14, 2001 CONTINUED ITEMS: Ms. Rivas moved to suspend Robert's Rules of Order for Type III, Phase ll. Incentive Development Preliminary Plan #00-35 by Rochester Development, Inc. Mr. Burke seconded the motion. The motion carried 8=0 Ms. Rivas moved to reopen the public hearing. Mr. Burke seconded the motion. The motion carried 8-0. Mr. Brent Svenby presented the staff report, dated November 9, 2001, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Mr. Svenby pointed out that Conditions 9 and 10, listed in the staff report, were added from the previous meeting. Mr. Jack Gryzbet, Project Manager of Burt Hill Kosar Rittelman Associates, addressed the Commission. He stated that he had no objections to the staff -recommended conditions. He indicated that they brought additional graphical information for the Commission's review, including a PowerPoint presentation, which would be made by Ms. Melissa Sarco. The presentation included an overview of the project. The slides included: ➢ site plan ➢ basement plan ➢ 15t floor plan ➢ 2"d floor plan ➢ 3rd floor plan ➢ 4'" through 15d' floor plan ➢ 16"' through 22nd floor plan ➢ 23 d through 25th floor plan ➢ 26d' floor plan ➢ units floor plan ➢ building elevations ➢ perspective views of the building from Broadway and First Street ➢ view of skyway from lobby ➢ view of apartment lobby ➢ view of corner of Broadway and First Street Mr. Brede questioned how the number of parking spaces was figured for the basement. Page 1 of 4 Ms. Sarco responded that they put as many parking stalls as possible in the basement. Mr. Brede asked if there was a ratio to for the number of apartments and how many parking spaces would be provided. Mr. Svenby responded that uses in the Central Development Core -Central Business Districted do not have parking requirements. Ms. Petersson asked if there would be security at the revolving door. Ms. Sarco stated that there would be security cameras and that there would be staff there 24 hours a day. Discussion ensued regarding stairways. Ms. Wiesner asked if there were vertical poles on the top of the building or antennas. Ms. Sarco responded vertical poles. Ms. Petersson asked if the building's color scheme could be darker to match other buildings downtown. Ms. Sarco explained that they had not gone through a color pallet yet. However, it was her understanding that the building would be buff color. Mr. Brede asked if trucks would drive right inside the loading dock. Ms. Sarco explained that the loading dock would be angled to accommodate the truck's entrance. Ms. Wiesner questioned what would happen if a tall building were built next to the proposed project. Ms. Sarco explained that the bottom of building would be flush, but that there would be a setback requirement between the towers. Mr. Doug Knott stated that the City currently owns the building next to the proposed project. He explained that they could make a condition of sale that there be a 60-foot setback between the towers. Ms. Rivas asked where signage would be located. Ms. Sarco explained that they had not discussed signage in detail, but that it would be done in good taste. Mr. Grzybet stated that they would not have flashy designs. He explained that Royal Management would need to monitor and control signage. Ms. Wiesner asked how the skyway would be designed. Page 2 of 4 Mr. Knott stated that the skyway would be pretty much the same as the current designs of the skyway. Ms. Wiesner suggested that the building should be a lighter color to blend with the skyway. Ms. Wiesner asked that Royal Management please make sure that signage is done in a tasteful manner. Mr. Svenby stated that Christine Schultze, a representative of CUDE, addressed the Commission at their meeting on October 10, 2001. He gave the Commission an e-mail from her, which is on file at the Rochester -Olmsted Planning Department. In that e-mail, Ms. Schultze indicates that CUDE is comfortable with the project moving forward at this time. Mr. Svenby explained that the applicant would be making a presentation to the Downtown Development Committee tomorrow. He further stated that the item would go before the City Council on Monday, November 19, 2001. Mr. Staver asked the applicant if they were in agreement with the staff -recommended conditions. Ms. Sarco responded yes. With no one else wishing to be heard, Ms. Petersson closed the public hearing. Mr. Staver;moved to recommend approval of.Type Ill, Phase ll Incentive Development Preliminary Plan k0-35 by Rochester; Development, Inc. based on staff -recommended findings and conditions Mr Brede seconded the motion The motion carried 8=0 CONDITIONS f '` 1.' The Final Development Plan application all include' .F"'� 'i` `sr : - ti ' P t41r ty, �f Pr ♦ r .a ' S'suC r r :: 1Fs • Revised building elevations that iterials, colors type;?. e ; Additional details for the canopies and awnings; inciud�ng materials, colors an elevations, t f R r ti r 4k , F ; v ' Y • Details for eictenor lighting; on the building and in the nght of -way, • Additional details for the stroetscape, including jmaterials, plantings, colors and xr, f 1 f t 5 x • A sign plan, feigns will beylirogosed, - • ,Revised utility plans to have only one sanitary sewer and storm sewer connection to Bro'adWay utility Afdijik Imegr u'tilizmg a common trench;,y4 t a t Modifications to the first oor loadin docks and below rade arkin to eliminate' z conflict,points aid`com IXwrth`Ordlnance'standards unless Variance �s A z : `pl *111f+3' z u• r - t "tE 4 ` .4 v,e4Y�t a Quad '2fi` �`^€.,.. < c.* Wyk 2.r The Walker Parking Study does not represent the current supply of parking available to serve this project yThe applicant shall coordinate with the.Cityto resolve issues related.to,the supply,of and demand for parking, prior to submitting the Finai; Develo`ment'Plan application.,' =` Page 3 of 4 s. The applicant must abandoned the existing domestic and fire service connections as identified in item 2 from RPU Water Division comments dated September 21, 2001. 4. The applicant shall provide the City with drainage and capacity calculations of the surrounding stormwater system to address sheet draining from the significant surface area of the building; and provide additional details regarding the street drainage patterns necessitated by the drop-off lane on 15t Street.' s. Any needed sidewalk panel repair and/or replacement work shall be done concurrent with this project at the Owner's expense: 6. The cost of any needed City utility and/or street modifications will be the responsibility of the Owner/Developer. Any such work must be performed under'a City/Owner Contract. Relocation of private utilities in the alleyshall be coordinated with tfie City. ,;- 7. The alley adjacent to the project shall be reconstructed as concrete instead of bituminous: Prior to the issuance of building permits, a construction access ..... .. ......... e�..4. ..1.�.. e.1.�11 tis ...e�...�.earl i.. w//.v�...i.,.....:...�1 L.'./4hn/`14v: ... Engineer..; { a. The applicant will need to modify the plans to comply with Ordinance regulations for on site parking design, or file for variances to be considered at 9 'The applicant"shall continue to work with Staff on the final location and design ... , of t�he`public entrance to the skyway system from Broadway, Final location . and design will. need to be'resolved pnor to the;submittal of the,;final plan.., application , ' an 14 .�nne�re 4h �43 ne„Finn :.i 46e �ev�lvinn ei/�r/n ic'u/74h1n4{n �7nhf_n%/uwni49t VYi'iVY VV VVV/, //Y �iY \V V�i //•V��iV VYiJ/Y�i V y S City doesn't giairif a revocable permit for it Page 4 of 4 REQUEST FOR COUNCIL ACTION MEETING S� DATE: 11-19-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING -2 M DESCRIPTION: Amendment to General Development Plan # 83 "The Arboretum". PREPARED BY: t of Special Zoning District 111, Ordinance #2247, The area subject to revision contains Jeff Ellerbusch, 24.5 acres of land located along the east side of West Circle Drive between Northwest Senior Planner Plaza Shopping Center and the Douglas Bicycle Trail Bridge. November 14, 2001 City Planning and Zoning Commission Recommendation: On October 24, 2001 the City Planning and Zoning Commission reviewed this amendment to the General Development Plan filed by the owner of the subject property - IBM Mid -America Employees Credit Union. The applicants agreed with the staff conditions. A subsequent meeting with the Public Works Director, Park Department Assistant Director, planning staff and representatives of the owner was held on November 71h to clarify the public road design requirements. Based on the need for turning lanes and a center landscaped median, the right of way width for the public street from Circle Drive to the first intersection may need to be a 100 feet wide and the next roadway section to the next intersection needs an 80 foot right of way. All other public street right of ways need the typical 66 foot wide right of way. The representatives agreed to reflect the needed right of way widths on the revised GDP map to be submitted as a condition of approval. The Commission reviewed this proposal according to the criteria listed in Paragraph 61.215 of the Zoning Ordinance and Land Development Manual. Mr. Burke made a motion to approve the amendment to General Development Plan #155 with the staff -recommended fi-dings and conditions. Mr. Brede seconded the motion. The motion carried 8-0. editions: 1. A revised GDP map to scale should be provided to the City that shows the minimum 66-foot wide right of way lines for the future public streets in the development, in addition to the pavement surface as presently shown on the plan. The revised plan should also show the required 480 foot long turn lanes on Circle Drive. 2. Results of a wetland investigation of the entire site should be submitted for consideration as soon as possible. Special District final development plans should not be submitted for approval until all wetland issues are completed. 3. Storm Water Management conforming to general ordinance, special shoreland requirements, and designed to not add any runoff to or through the Northern Hills Prairie park must be provided. A Storm Water Management fee will apply to all new impervious surface that does not drain to an on -site detention facility. These matters shall be completed prior to submittal of a plat for this property. 4. The applicant(s) should meet with the Park & Rec Department to clarify questions concerning potential City costs for street construction on or adjacent to parkland, the amount of parkland being used for roads and any land swaps that may serve both parties. This should be accomplished as soon as possible. 5. Prior to final plat submittal for any portion of this property, the applicant(s) shall enter into a development agreement with the City that outlines the obligations of the applicant(s) relating to, but not limited to, right-of- way dedication and required platting, the extension of public utilities, Transportation Improyement District (TID) charges, storm water management, park land transfers and maximum park shares in the cost of utility and road improvements, the timing of traffic improvements and the limitations on development until certain improvements are made, applicable charges or contributions for public infrastructure on and off site, and pedestrian amenity improvements. IUNCIL ACTION: Motion by: second by: to: Page 2 �✓ RCA November 14, 2001 Planning Staff Recommendation: See attached staff report dated October 18, 2001. Council Action Needed: 1. The Council may approve, approve with conditions, or deny the general development plan. The Council must make findings based on the criteria listed in Paragraph 61.215. 2. If the Council wishes to proceed with approval of the general development plan amendment as proposed, it should instruct the City Attorney to prepare a Resolution for Council approval. Attachments: 1. Staff Report dated October 18, 2001 2. Minutes of the October 24, 2001 CPZC Meeting Distribution: 1. City Administrator 2. City Attorney 3. Planning Department File 4- Planning Department GIS Division 5. Applicant: This item will be considered some time after 7:00 p.m. on Monday, Chambers in the Government Center at 151 4th Street SE. 6.HGA-Rochester (Hal Henderson); HGA-Minneapolis (Bill Blanski & Vicki Hooper) November 19, 2001 in the Counci d ROCHESTER-OLMSTED PLANNING DEPH ., MENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 CUV„1, OF www, olmstedcounty.com/planning TO: City Planning and Zoning Commission FROM: Jeff Ellerbusch, Senior Planner?� DATE: October 18, 2001 ®irao 4in�� O....yagw-aggA ��t6�Ig71puffs, J w+�n►n,�'��nrp�J ,r RE: Amendment to General Development Plan #83, known as The Arboretum, part of the "Arboretum Special District" — Ord. # 2247. Planning Department Review: Applicants/Owners: IBM Mid America Employees Credit Union Paul Horgan; Steve Spohn 4001 West River Parkway NW Rochester, MN 55901 United Properties Mark Nelson ; Brian Carey 3500 West 80th Street Minneapolis, MN 55431 City of Rochester Park & Recreation Department Consultants: HGA Hal Henderson 202 First Avenue SW Rochester, MN 55902 HGA Bill Blanski; Vicki Hooper 701 Washington Avenue North Minneapolis, MN 55401 Size and Location: The area included in this proposed amendment totals some 24.5 acres. The land subject to the amendment is the portion of the approved GDP designated for "commercial' land use in the northwest part of the plan. It is located along West Circle Drive (CSAH 22) between the Northwest Plaza Shopping Center on the north and the Douglas Bike Trail on the south. The present end of Nottingham Drive NW abuts the east line of the site. BUILDING CODE 507/285-8213 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/265-8224 PLANNING20NING 507/285-8232 • WELL/SEPTIC 507/285-8345 � FAX 5071287-2275 'Ucl AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 General Development Plan #83 Amendment October 19, 2001 l�O Development History: The Arboretum Special (zoning) District was established in May of 1982 and it included undeveloped real estate then owned by a single entity known as Cordul Establishment. The special district boundaries extend from Circle Drive on the north and west to 416' Street on the south and westerly of 31" Avenue and TH 52. The special district regulations incorporated the adoption of a "General Development Plan" which designated the general land uses envisioned, the development intensities, and the major street pattern. The underlying zoning of the special district is the R-1 (Mixed Single Family) zone. The special district regulations allow, as permitted uses, all development in conformance with the standards of the R-1 district and established a site plan review process for all other non-R-1 development within the district. The general development plan for this area has been officially amended six times since its original adoption in 1982, the last time in January of 1998. All the development that has been completed in this area — from Northwest Plaza, to Carriage Homes Townhouses, to the homes in Arborglen and Lincolnshire subdivisions, to the recently completed Carpet One store on the highway frontage road have all been developed in compliance with the adopted GDP. The Arboretum GDP has two remaining residential areas to develop — the "Bishop" 86-unit multifamily area at the far southwest corner of the GDP and the remaining 61 lots in the Lincolnshire plats south of Nottingham Drive NW. There are two remaining undeveloped "commercial " areas — the undeveloped frontage along 41st Street NW at the south end of the GDP and the commercial area subject of this amendment. Proposed Amendment: The modification to the GDP involves a slight realignment of the extension of Nottingham Drive NW (48t" Street) and its point of intersection with West Circle Drive. A new public street connection to the existing Northwest Plaza Shopping Center is proposed. Because the new owners (IBM CLI) now have a more definitive development plan for this "commercial" area, the private road system envisioned is also shown on the amended plan documents. The use of the area is now shown on the GDP to be up to 240,000 square feet of commercial floor area in four separate buildings. The buildings are proposed as follows: Building 1-120,000 sf./ 3-5 levels; Building 2 - 90,000 sf./ 3 levels; Building 3 - 30,000 sf./ one Page 3 General Development Plan #83 Amendment October 19, 2001 level and Building 4 - 6,000 sf./ one level with drive -up facilities. The plan submittals do not specify the type of commercial uses, but parking (1,107 spaces maximum) is provided at a rate required for retail shopping centers. The plan indicates that the ultimate parking plan would incorporate a 3 level parking structure. Land Use Plan: The Rochester Urban Service Area Land Use Plan designates this property as suitable for "low density residential" types of development. This designation reflects the underlying zoning of R-1, not the approved land use of the special district. Zoning: The property is currently zoned SD-1 (Special District Ordinance # 2247) on the City of Rochester Zoning Map. Small portions of the property are subject to shoreland overlay zoning regulations, that is, any portion of the property within 300 feet of the normal high water mark of King's Run. The amendment shows that there will be minimal encroachment in the shoreland area at all with any of the private development. All proposed development is well beyond the shore impact zone and setback areas. The only real encroachment through the shoreland will be for the public street connection to the Northwest Plaza Shopping Center. Shoreland regulations will require that the existing trees and other vegetation in the shoreland must be maintained to achieve maximum screening. Streets: The major modification to the plan by this amendment is a change in the alignment of the westerly extension of Nottingham Drive (formerly 48th St. NW) to Circle Drive. The existing plan extended the road straight west from its present end to Circle Drive. The proposed amendment extends Nottingham Drive NW approximately 220 feet to an intersection with a new public street that extends westerly and intersects with Circle Drive approximately 490 feet northerly of the original intersection location. This same new public street extends northerly, crossing King's Run, connecting to the Northwest Plaza shopping Center. These new public streets would be of the same design as the existing Nottingham Drive NW — 39.34 feet in width from back of curb to back of curb and on a 66-foot wide right-of-way. The modification in the intersection point with Circle Drive and the provision of public roadway to the Northwest Plaza are being made in response to studied changes in access planning along the Circle Drive corridor. Plans for Circle Drive modifications Page 4 General Development Plan #83 Amendment October 19, 2001 /y0 now include the realignment of the existing 55'" Street NW / Northwest Plaza intersection southerly to the location of the new intersection as shown in this amendment. These modifications are being planned to provide better signal progression (more distance between stoplights) to help maintain reasonable corridor speeds. The existing access into Northwest Plaza will be reduced to at most a right turn in and out. Connection through this GDP will get the shopping center access to the stoplight intersection for motorists continuing south on Circle Drive or west on 55th Street NW. These changes will not be considered for approximately 5 years. In the interim, this GDP will be allowed to take access at the un- signalized intersection / median opening on Circle Drive for the first phase of the development (120,000 square foot building). Internal private roads, shown at approximately 24 feet in width, connect between the north and south sides of the public street and provide direct access to the parking areas supporting the four planned buildings. The road access to Circle Drive (CSAH22) requires a permit from the Olmsted County Public Works Department. Right and left concrete turn lanes 480 feet in length in either direction from the intersection will be required to be constructed at the owners expense as part of the access permit. Access control will be required along the remainder of the Circle Drive frontage. Sidewalks/Trails: Sidewalk(s) will be required on both sides of the public roadways in the development. There is an existing pedestrian trail along the frontage of this property. The plan shows that the trail will be continued easterly from its present end onto the City owned parkland, crossing the new road connection to Northwest Plaza, and continuing into the future Lincolnshire Park. The GDP shows that this trail will continue easterly following the Kings Run corridor and eventually connect with the West Frontage Road for TH 52 at the new Carpet One site. Drainage: The General Development Plan identifies existing topography but not the proposed grades. The narrative says that a McGhie and Betts report suggests that storm water will be directed northerly toward King's Run or southeasterly to Nottingham Drive tying into the existing storm sewer system. The park Department noted that no drainage should be directed to the Northern Hills Prairie because it would affect the prairie soil conditions. Page 5 General Development Plan #83 Amendment October 19. 2001 /Yl There is no FEMA identified floodplain along King's Run, it is an unstudied area. However, a private flood study was conducted at the time that Northwest Plaza Shopping Center was proposed. A 100 year floodplain line was established along the creek. The very northerly portion of this site is in the floodplain as defined back in 1992. No part of the planned development will be located within the floodplain boundary, other than the future public street that will connect to the Northwest Plaza Shopping Center. Storm water management must be provided on site and a Storm Water Management Fee must be paid for all impervious surface drainage not directed to an on -site facility. No storm water detention areas are shown on the plan document. Detailed grading and drainage plans will be required when the property is platted or developed. Wetlands: The Soil Survey and National Wetland Indicator maps were reviewed for the presence of wetlands. Soils maps indicate a hydric soil type (176-Garvin Silty Clay Loam) on a portion of the site extending northeasterly from Circle Drive I Douglas Trail intersection. The property owner is responsible for identifying wetlands on the property and submitting the information as part of this application. Public Utilities: This area is within the Main Level Water Service Area and can be provided with water from main extensions at the present end of Nottingham Drive NW or from mains along the east side of Circle Drive betweeri buildings 1 & 2. Static water pressures of between 55 and 62 PSI (pounds per square inch) are available depending upon final grades. Sanitary sewer at the end of Nottingham Drive NW will be extended into this site. RPU electrical service is in place in the Circle Drive right-of-way adjacent to this site. Parkland Dedication: No additional parkland is required in the development. The City has already acquired approximately 25 acres of land north of Nottingham Drive to King's Run to be known as Lincolnshire Park and developed in the future for active recreation with athletic fields, a seasonal ice rink, playground areas, trails and a 75 car parking lot. The existing parkland south of Nottingham Drive is passive open space now known as the Northern Hills Prairie. Page 6 General Development Plan #83 Amendment October 19, 2001 /y02 The previous GDP layout required that the City assist in the construction of only 125 feet of new road along their parkland adjacent to the extension of Nottingham Drive. The new public road in this plan extending to the Northwest Plaza Shopping Center abuts or in some locations actually encroaches onto the existing undeveloped City Owned parkland. The Park and Recreation Department commented that the road construction responsibilities need to be addressed and that the actual roadway alignment should be revised to reduce the encroachment on park property. It appears that some minor land swaps may need to be made in the future to keep public and private land on only one side of the future public roads. Referral Comments: 1. Rochester Public Works (see attached) 2. Rochester Park 8 Recreation (see attached) 3. Olmsted County Public Works (see attached) 4. Senior Transportation Planner (see attached) 5. GIS Addressing (see attached) All other agencies responding had no additional unique comments not already made part of the report Report Attachments: 1. Location Map 2. Copy of the Approved General Development Plan 3. Copy of Portion of GDP as Proposed to be Amended 4. Larger Scale GDP Map Amendment 5. Applicant's Narrative (3 pages) Summary Comments: The proposed street pattern shown in this GDP amendment was designed through a collaborative effort between the then owner(s) of the property and the City and County Transportation officials. The proposed uncontrolled access opening into the site from Circle Drive has the capacity to provide safe access to building Number 1 in the first phase. The Circle Drive Corridor Study included the potential land uses proposed on this property and the revised street pattern in its analysis. The street layout will benefit the commercial development already in the area and the residential subdivisions on Nottingham Drive will experience less unrestricted traffic by removing the previous direct connection to Circle Drive. The plan amendment as submitted depicts only the paved surface area of the proposed public streets, not the right of way width as normally provided. That's why the streets may appear quite narrow. The plan should be updated to show the street right-of-ways also as typically provided. The special zoning district regulations require a project development plan and final site plan approval before development can begin. The applicant's have filed a project development plan that only includes the 120,000 square foot building of Phase I (this plan is being considered concurrently with this GDP amendment). Timing of final plan approvals under the special district regulations will insure that adequate transportation facilities are available when additional commercial square footage is constructed. The City, County and property owner will be working on development agreements which will spell out when public street improvements and traffic i Page 7 General Development Plan #83 Amendment October 19, 2001 signal relocations will be made within and adjacent to this project and how the construction will be financed. The proposed intensity of the commercial development is of a relatively low intensity with a floor area ratio of 0.23 (permitted FAR in the B-4 Zone is 0.50). There is also a very high percentage of landscape area in the development, approximately 62%, because of the compact footprints of the buildings and the structured parking. Staff Suggested Findings and Recommendation: Paragraph 61.215 of the Rochester Zoning Ordinance and Land Development Manual lists the criteria for approval of a general development plan. Staff suggested findings are as follows: Criteria 1. The proposed land uses are generally in accord with the adopted Comprehensive Plan and zoning map, or that the means for reconciling any differences have been addressed. A GDP may be processed simultaneously with a rezoning or plan amendment request. The proposed land uses within the GDP are consistent with the land use designation of "commercial' as so designated on the presently adopted special district general development plan. Criteria 2. The proposed development, including its lot sizes, density, access and circulation are compatible with the existing and/or permissible future use of adjacent property. The property lies truly "adjacent" to highway right-of-way and existing and future parkland. The proposed development of low intensity commercial use coupled excessive amounts of open -space is compatible with the use of adjacent properties, if acceptable arrangements for cooperative construction of future public road facilities can be made with the City and the Park and Recreation Department. Access and circulation as proposed will assist the overall traffic patterns in the area based on the long range transportation improvement plans. Criteria 3. The mix of housing is consistent with adopted Land Use and Housing Plans. This criterion is not applicable in this case since there is no housing proposed by this amendment. Criteria 4. The proposed plan makes provisions for planned capital improvements and streets reflected in the City of Rochester's current 6-Year Capital Improvement Program, adopted Thoroughfare Plan, the ROCOG Long -Range Transportation Plan, Official Maps, and any other public facilities plans adopted by the City. Street system improvements required to accommodate proposed land uses and projected background traffic are compatible with the existing uses and uses shown in the adopted Land Use Plan for the subject and adjacent properties. The plan amendment makes provisions for the most recent transportation planning efforts. Upon completion of a development agreement with the City for the timing of specific private and public roadway improvements based on the phasing of the development, the proposed use and projected Page 8 General Development Plan #83 Amendment October 19, 2001 background traffic will be compatible with the existing and future uses in the area. Criteria 5. On and off -site public facilities are adequate, or will be adequate if the development is phased in, to serve the properties under consideration and will provide access to adjoining land in a manner that will allow development of those adjoining lands in accord with this ordinance. a. Street system adequacy shall be based on the street system's ability to safely accommodate trips from existing and planned land uses on the existing and proposed street system without creating safety hazards, generating auto stacking that blocks driveways or intersections, or disrupting traffic flow on any street, as identified in the traffic impact report, if required by Section 61.523(C). Capacity from improvements in the first 3 years of the 6-year CIP shall be included in the assessment of adequacy. Recommended turning lane improvements on Circle Drive required by Olmsted County and the limitation on development to the first phase at the un-signalized intersection will permit the existing street system to safely accommodate trips from the planned use without creating hazards, stacking problems or traffic flow disruptions. Future traffic improvements to relocate the 55"' Street NW/ Circle Drive intersection to the point proposed in this plan amendment and the new roadway connection to the shopping center will relieve any capacity constraints on the system. b. Utilities are now available to directly serve the area of the proposed land use, or that the City of Rochester is planning for the extension of utilities to serve the area of the proposed development and such utilities are in the first three years of the City's current 6-Year Capital Improvements Program, or that other arrangements (contractual, development agreement, performance bond, etc.) have been made to ensure that adequate utilities will be available concurrently with development. If needed utilities will not be available concurrent with the proposed development, the applicant for the development approval shall stipulate to a condition that no development will occur and no further development permit will be issued until concurrency has been evidenced. All utilities necessary for development are immediately available to the property subject to this amendment without need for any modifications. C. The adequacy of other public facilities shall be based on the level of service standards in Section 64.130 and the proposed phasing plan for development. Sidewalk will be required on both sides of all new public roadways. Sidewalk connections along the new public street to the north into Northwest Plaza will improve the existing pedestrian system in the area that has no way across King's Run at the present time. Storm Water Management must be provided for this development. A Voluntary Storm Water Management fee will apply to any areas of Page 9 - • 1 r i' General Development Plan #83 Amendment 1 October 19, 2001 this subdivision that, when graded, do not drain to an approved private detention facility. Drainage patterns as recommended will insure the existing Northern Hills Prairie park will be protected from impact of development. Investigation of potential "wetlands" must be completed for this development can proceed to approval stage under the special district requirements. Criteria 6. The drainage, erosion, and construction in the area can be handled through normal engineering and construction practices, or that, at the time of land subdivision, a more detailed investigation of these matters will be provided to solve unusual problems that have been identified. Storm Water Management must be provided for this development. A Voluntary Storm Water Management fee will apply to any areas of this subdivision that, when graded, do not drain to an approved detention facility. Drainage, erosion and construction in this area can be handled through normal engineering practices. As recommended, drainage can be directed away from Northern Hills Prairie to maintain its soil moisture. Drainage directed to the public water of King's Run can be stored and filtered as recommended in the shoreland regulations before entering the stream. Criteria 7. The lot, block, and street layout for all development and the lot density for residential development are consistent with the subdivision design standards contained in Section 64.100 .and compatible with existing and planned development of adjacent parcels. This criterion is not applicable to this amendment because it has no residential development. Recommendation: Staff recommends the following conditions or modifications to assure compliance with the Rochester Zoning Ordinance and Land Development Manual and applicable criteria for findings of approval for a GDP: 1. A revised GDP map to scale should be provided to the City that shows the minimum 66-foot wide right of way lines for the future public streets in the development, in addition to the pavement surface as presently shown on the plan. The revised plan should also show the required 480 foot long turn lanes on Circle Drive. 2. Results of a wetland investigation of the entire site should be submitted for consideration as soon as possible. Special District final development plans should not be submitted for approval until all wetland issues are completed. 3. Storm Water Management conforming to general ordinance, special shoreland requirements, and designed to not add any runoff to or through the Northern Hills Prairie park must be provided. A Storm Water Management fee will apply to all new impervious surface that does not Page 10 General Development Plan #83 Amendment October 19. 2001 drain to an on -site detention facility. These matters shall be completed prior to submittal of a plat for this property. 4. The applicant(s) should meet with the Park & Rec Department to clarify questions concerning potential City costs for street construction on or adjacent to parkland, the amount of parkland being used for roads and any land swaps that may serve both parties. This should be accomplished as soon as possible. 5. Prior to final plat submittal for any portion of this property, the applicant(s) shall enter into a development agreement with the City that outlines the obligations of the applicant(s) relating to, but not limited to, right-of-way dedication and required platting, the extension of public utilities, Transportation Improvement District (TID) charges, storm water management, park land transfers and maximum park shares in the cost of utility and road improvements, the timing of traffic improvements and the limitations on development until certain improvements are made, applicable charges or contributions for public infrastructure on and off site, and pedestrian amenity improvements. xocxEsrEx v" Minnesota DEPARTMENT OF PUBLIC TO: Consolidated PlanningDepartment WORKS p 201 4 Street SE Room 108 2122 Campus Drive SE Rochester, MN 55904-3740 Rochester, MN 55904 507-287-7800 FAX - 507-281-6216 FROM: Mark E. Baker DATE: 10/15/01 The Department of Public Works has reviewed the application for and AMENDMENT to GDP#83 known as the Arboretum. The following are Public Works comments on this request: 1. Prior to Final Plat submittal, the applicant shall enter into a Development Agreement with the City that outlines the obligations of the applicant relating to, but not limited to, Right -Of -Way Dedication, the extension of public utilities, Transportation Improvement District (TID) charges, stormwater management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, and applicable charges/contributions for public infrastructure, including the construction of the proposed "Future Public Street" along the south property line. 2. Development of this property will require Platting 3. Grading and Drainage Plan Approval is required prior to Final Plat submittal, OR, prior to construction on site, if any development is approved prior to platting. 4. Storm Water Management must be provided, and a Storm Water Management fee will apply for all new impervious surface of any areas of this property that do no drain to an on -site detention facility. 5. Dedication of Controlled Access is required along the entire frontage of West Circle Drive NW, with the exception of any approved road access. 6. A City -Owner Contract will be required for the public road and the extension of public infrastructure to serve this development. If a City -Owner Contract is necessary, execution is required prior to construction of the public utilities. 7. There is an existing Pedestrian path along the frontage West Circle Dr NW. The Owner will be obligated to construct pedestrian facilities along both frontages of all new public roadways within this development. Charges/fees applicable to the development of this property will be addressed in the Development Agreement, and will include: J9173 NW Trunkline Sanitary Sewer (SAC) @ $392.54 per developable acre + 7.5% interest from 5/16/94 to the date of payment (10 year max.) J9265 Water Tower NW Service Area (WAC) @ $1154.67 per acre + 7.5% interest from 4/15/96 until the date of payment (10 year max.) ••r Sanitary Sewer & Watermain Connection Charge for the 19`h St NW frontage @ $73.13 per foot of frontage. Stormwater Management — TBD, for any areas that do not drain toward privately constructed on -site detention facilities Potential Transportation Improvement District (TID) Charges C:\WINDOWS\Temporary Internet Files\0LKB022\GDP 83 Amendment (The Arboretum).doc Recm, '& } so�nesce�, tin October 12, 2001 ROCHESTER PARK AND RECREATION DEPARTMENT TO: Jennifer Garness Planning RE: Amendment to Arboretum GDP Roadway Alignment /0 / The ± 25 acre parcel located east of the proposed amendment area and north of Nottingham Drive is City of Rochester park land known as Lincolnshire Park which will be developed as a neighborhood park with athletic fields, ice rink, landscaping, playground areas and trails. Development of the park has begun and will continue once Nottingham Drive is extended. A ± 75 car parking lot will be constructed on the west side of the park with access probably coming from the proposed public road running north of Nottingham Drive. The proposed alignment of the public roads should more closely follow the established property line. An excessive amount of park property appears to be used for roads under this proposal. The public street construction costs are a concern. The existing GDP would have the Park Department paying for ''/: of approximately 125' of street that would run adjacent to Park property. The 25 acre parcel was acquired with the knowledge that the park funded street costs would be minimal. If the applicant is paying for the streets adjacent to the park property, then this is not a concern. The 7 acre parcel located east of the private drive running south Nottingham Drive is City owned park land referred to as the Northern Hills Prairie. The prairie will be preserved and maintained as a natural prairie, Drainage and surface run off from the proposed development areas should not be directed towards the prairie. OADSTOTM0011DEDICATIONINW 2898V+RBORTEUM REVISED GDP.DOC l'Hy PUBLIC WORKS DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 507/285-8231 August 27, 2001 Jennifer Garness Consolidated Planning Department Dear Jennifer: The Public Works Department has reviewed Amendment to General Development Plan #83, known as The Arboretum and has the following comments: • Access permit will be required from Olmsted County Public Works Department. • Right and left concrete turn lanes 480 ft in length will be required as part of access permit. Sincerely, Michael Sheehan County Engineer MTS:ss tlengmdoMplemane.doa AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Administration Building Maintenance Surveying and Mapping Engineering Highway Maintenance Parks & Agriculture Solid Waste Rochester -Olmsted Planning Department 2122 Campus Drive SE — Suite 100 Rochester, MN 55904-4744 (507) 285-8232 MEMORANDUM TO: City Planning & Zoning Commission FROM: Charles Reiter / Senior Transportation Planner DATE: October 19, 2001 RE: Traffic Analysis for General Development Plan #83 - IBM MidAmerica Credit Union Campus Development The development proposes the ultimate construction of 246,000 square feet of office space and a 6,000 square foot banking service center with 6 drive-thru windows. It has been indicated that the development will be done in phases, with Phase I consisting of Building 1 as labeled on the GDP (120,000 square foot office building), Phase If likely to consist of Building 2 on the GDP (90,000 square foot office building) and Phase III to consist of the remaining buildings including the service center. Access to the site will be provided initially through an intersection on West Circle Drive, with connections eventually developed to Nottingham Drive and to Northwest Plaza Shopping Center. The Nottingham Drive connection to Circle Drive has been a part of the Arboretum General Development Plan since its inception, and previously had been planned as a direct route out to West Circle Drive. The proposed site plan modifies that routing so that neighborhood travel to West Circle Drive will be routed through a proposed intersection as a secondary connection so as to minimize the directness of Nottingham Drive as a route to/from West Circle Drive. The connection to Northwest Plaza is a new addition to the Special District plan, which has been added based on the recommendation of staff resulting from a study of future West Circle Drive traffic conditions, which will be described in greater detail below. From a traffic operations standpoint, the major issue relative to the site is its access to West Circle Drive and how that access will be managed over time as traffic from the site and on West Circle Drive continue to grow. In addition to considering how the access intersection for the site will work, another important consideration is to understand how this intersection fits into the overall traffic management strategy for West Circle Drive now and in the future. The Rochester — Olmsted Council of Governments is funding a study to evaluate and understand long-term traffic operations on the entire Circle Drive system. A major focus of this study is to identify what combination of access locations, signal spacing, and supporting local road systems need to be put in place in order for West Circle Drive to operate as expressway -type facility well into the future. The operating goals for Circle Drive that have been identified by ROCOG include maintaining average operating speeds of 35-45 MPH with traffic progression (which refers to the ability to minimize traffic stops through successive signals) on the mainline and acceptable levels of traffic delay at intersections for motorists on the side streets. The study to date has evaluated existing operations (which are generally pretty good except at the TH 52 and TH 14 West interchanges) and future operations based on projected 2025 traffic levels and a minimum level of improvements such as the introduction of left and right turn lanes at all access points along the corridor. The results from the analysis of future conditions suggests that operating conditions along West Circle from the East Frontage Road will deteriorate significantly in the future between the East Frontage Road of TH 52 and where the Douglas Trail crosses, falling far below 40 MPH average travel speeds with little if any traffic progression. Attachments 1 and 2 highlight some of the results of this initial analysis, which suggest future average travel speeds will be on the order of 15-19 MPH and progression will be 50% below the target established for the corridor. Among the main factors contributing to the poor operations include the number of traffic signals that would be needed if all existing median openings are retained, and the volumes of traffic projected to be on this four lane corridor. The study finds that every median opening, if retained, will require a traffic signal in the future, and absent some major system improvements, a third eastbound through lane will likely be needed from the current 551h St intersection eastward to the TH 52 interchange. The introduction of a 3 d lane by itself will not greatly improve operations due to the number of traffic signals anticipated and the irregular spacing of those signals. As a result, the current phase of the Circle Drive study is looking at alternative roadway alignments that could help to minimize the number of signals that would need to be installed, as well as to increase the spacing between signalized intersections in the future. Attachments 3 and 4 illustrate some of the concepts for this section of the Circle Drive system that are being considered in the next phase of study. They include hiV cost options such as reconfiguring the 55 St at some point in the future to operate as a single point diamond interchange (See Attachment 5 for an illustration of the proposed single point diamond interchange at 19'h St NW) and lower cost options such as combining adjacent access points to reduce the number of median openings. One such access combination illustrated in Attachments 3 and 4 is the elimination of the median opening at 551h St NW, converting that intersection to right -in, right - out operation on the south side, and construction of a new connection of 55'" St to align with the proposed access on the IBM Credit Union property, which would become a signalized intersection in the future. These connections and alignments are highlighted on Attachment 6. The proposed street connection through the IBM Credit Union site would maintain signalized access for Northwest Plaza as well as serve the Lincolnshire area. In addition to improving signal spacing and eliminating the need for one additional signal, it would also provide benefits to the North Park area by eliminating the flow of all traffic from the 55'h St area past Fairway Drive, which should reduce the congestion and traffic conflict occurring at that location which will worsen in the future with additional development west of North Park. The transition to the future condition where the traffic signal is moved and a new 55"' St link to Circle Drive is constructed will not happen immediately. With the phasing being discussed for the IBM Credit Union site, we expect that an unsignalized access can operate safely for a period of 3-5 years with the current signalized intersection at 55'h St maintained. Based on our analysis of operations, it appears that the traffic generated by Building 1 and 2 along with traffic from Nottingham Drive could be handled through an unsignalized intersection for this period of time while plans where developed and funding secured to complete the connection between the IBM site and Northwest Plaza as well as the rerouting of 55"' St on the north side of West Circle Drive to the new intersection. It does appear from our analysis that certain combinations of site development and Nottingham Drive traffic will result in significant levels of delay at the new intersection for outbound left turns and should be accompanied at a minimum by the construction of the link to Northwest Table 1 Plaza so that access to the existing signal would be available for outbound left turns if the relocation of the signal has not been accomplished. Table 1 summarizes our findings in regards to the expected Level of Service at the proposed access point to West Circle Drive under various scenarios. The table highlights that the outbound left turn from the site will experience increasing delay as additional traffic is added to the intersection, with significant queues and high levels of delay beginning to surface under various combinations of multiple buildings and connection of Nottingham Drive, PM Peak Hour Operational Analysis — Proposed IBM Access Intersection Development Year Inbound Left Outbound Outbound Scenarios (West to Right Tum Left Turn South Building 1 2002 A B B 2006 A/B B C Building 1& 2 2006 B B C (without Nottingham connection Building 1& 2 2006 B C D (with Nottingham Estimated longest connection) Peak Hr Queue 3-4 vehicles Building 1 and 2006 B C D Service Center Estimated longest (without Nottingham Peak Hr Queue connection) 1 -3 vehicles Building 1 and 2006 B C F Service Center Estimated longest (with Nottingham Peak Hr Queue connection 8 vehicles Staff is proposing that within the Development Agreement to spell out phasing options and the associated improvements that will be required under various combinations of development in order to insure that adequate road infrastructure is in place to handle expected access traffic. This will include timing for the connection to Northwest Plaza as well as the connection of Nottingham Drive to the street system in the proposed GDP. • •• • M V\ \ I I I V\ 1 1 i h N ■ ■ ■ ■ ■ ■ ■ MI■ ■ ■ ■ ■ ■ ■ ■ ssa�ays.:;eu;:fo s�2e;urr,;�, -.4z LZ/LZ16E Mhi a.M11JPJEL MN Oily W196 9£19Z/6E MN atVW19Z F8 a6ez l:j3 ZJ L/91ZS HI L,G!L 8N i5 ziQE/S£ ��6!i4)6°% k; 8SZSH1 L ells/S£ 1LL/6Wfi 1sy w P�aSeNmjM V E£11-£/6* byZ4/SE ® tu3 Fein-leM yeob nealeWj bZ/ZZ/5£ • ■ w, w N O ? • W e ■ ^ � E N [7 • ■ 'c ■ � G ■ V ■ O Attachment 1 illustrates the change in average operating speeds expected to occur along each section of Circle Drive in the vicinity of the site as traffic grows and development occurs. The first number in each group of three values is today's estimated operating speed; the 2nd number is expected operating speed with only minimal improvements at h median opening (single left and right turn lanes) while the third number is the operating speed with improvements such as dual left turn lanes or the addition of a third through lane. r\ 1 1 U%.l 111 IG.11 1 6- V 1 I � � W N K* ti O � W �VCIN yam(^~ cd tko j� O O r� •}o1 1� O V1 V1 W �I J o " � Q^-m IN ®f�i"I4 Yi A' f Sllf m } G 6 F ;5 0 Attachment 3 c 0 E 0 0 .a i,W : w N Ln C 0 Q W u L Q) V c 'Q 0 JZ- Ln 0 0 U C i C LL! 0 z (3) N fa C 0) m ® 1 HTTncnmenT* C Attachment 6 l . ��19 �"""•MHlneter.i� 551h St would be rerouted along this alignment to new signalized intersection This intersection 4 would be signalized in the future 0r IBM Mid America Employees federal Credit Union } r / Median would do closed at th intersection with right -in, right - out on south side New connection between Northwest Plaza and IBM Campus would provide access to signal for outbound left t s R --- ....r a �, /5 Rochester -Olmsted Planning Department GIS/Addressing Division 2122 Campus Drive SE Rochester, MN 55904-4744 Phone: (507) 285-8232 Fax: (507) 287-2275 GENERAL DEVELOPMENT PLAN REFERRAL RESPONSE DATE: October 12, 2001 TO: Jennifer Garness FROM: Planning Dept. Addressing Staff CC: Lyle Felsch RE: THE ARBORETUM AMENDED GDP # 83 A review of the GDP has turned up the following ROADWAY or ADDRESS related issues: 1. The official designation of all public and/or private roadways must have approval of the GIS/E911 Addressing Staff. 2. Supplementary Address Signage and the incurred costs maybe required to eliminate complicated or confusing addressing situations. This signage must be coordinated with the GIS/ E-911 Addressing Staff in cooperation with the Rochester Fire Department. If required, this signage will be determined at the time of address review. 4e IVr ," IPPJP RARY Ik'1'IRM-I 111 FS 01,K HH' 21'11F A RD0107'7 IN Ap ff,N tlr rll"=x3.I:Xx LOCATION MAP Legend IBM Mid America Credit Union Property n IBM Kid America Employees Federal Credit Union ... . ....... . OCT 2 2001 Wig Gr& Dw Mai& pin 41LM r%F-V. PLA41 I �.,,m. . . . �! �." tea_ _� +....x• ti"ii''. �'.'�: .•i.�'-• •�", ' � ,�_ ems" :� j: '�•S ^__-;' _ _ - _'' ; ; . PLAIN100 YEAR i f' y NEB' R-060PLAIN Al , — v 2.a��,.:. • • ,v . m 1 l N6,000 sf of building area/24.5 aaes = FM of .23 ne �O R MA A r c h it e c l u re I En 9 in ee r In, I Planning ��7 TO: M e m o r a n d u m Brent Svenby, Rochester Olmsted Planning Department FROM: Vicki Hooper DATE: September 25, 2001 (revised 9/28/01) WRITER'S DIRECT DIAL (612) 758-4346 SUBJECT: IBM Credit Union West Circle Drive Development, Rochester, Minnesota Project Development Plan Submittal — Master Plan HGA Commission Number: 1692-015-00 Following is a verbal summary of the requirements for the Project Development Plan submittal for the above mentioned project (per the Rochester Zoning Ordinance, # 2247, 64B.500.) Plans are also attached. (a) Location, size and legal description • Total site area is 24.5 acres • Property is located adjacent to CSAH #22 and just north of Douglas Trail overpass in Sections 16 and 17 of Cascade Township. See attached for legal description. (b) Names and addresses of the property owner and designers • IBMCU 4001 West River Parkway NW Rochester, MN 55901 Paul Horgen, Steve Spohn • United Properties 3500 West 80`s Street Minneapolis, MN 55431 Mark Nelson, Brian Carey • HGA 202 First Avenue SW 701 Washington Avenue North Rochester, MN 55902 Minneapolis, MN 55401 Hal Henderson Bill Blanski, Vicki Hooper (c) Transportation plan • The attached site plans indicate all new roadway locations. • Traffic volumes on West Circle Drive are indicated in the traffic study prepared for the City of Rochester by Parsons Transportation Group. • The proposed city street that connects West Circle Drive into the THE property will be owned and maintained by the city. The extension of Nottingham Drive to the new city street will be owned and maintained by the city. All other streets and parking lots will be private. Ham me 1, reen and Abrahamson, Inc. 701 Washington Avenue North - Minneapolis, Minnesota USA 55401-1180 Telephone 612.758.4000 Facsimile 612.758.4199 Visit our Web3ile: www.hga.com Page 2 (d) Utility plan (from McGhie and Betts Report) • Sanitary sewer - in place along Nottingham Drive and will be extended to serve the site. • Water — 12" watermain along West Circle Drive — will be connected into to feed the site. • Gas — is being installed along Nottingham Drive and will be extended to serve the site. • Electrical — an overhead electrical line is located along West Circle Drive, which will be tied into underground lines installed to serve the site. (e) Residential density plans NA (f) Commercial intensity plan • Floor areas indicated represent a maximum area. The master plan consists of 4 buildings as shown on the site plan. Bldg 1 120,000 sf 3-5 levels Bldg 2 90,000 sf 3 levels Bldg 3 30,000 sf 1 level Bldg 4 6,000 sf 1 level • Parking for buildings 1 and 2 accommodates 840 cars, based on 4 cars per 1000 sf of ' building area. Proof of parking for an additional 105 cars, based on 4.5 cars per 1000 sf of building area, is dashed. A three level parking structure is indicated by a heavy dashed line. • Parking for Buildings 3 and 4 accommodates 144 cars, based on 4 cars per 1000 sf of building area. Proof of parking for an additional 18 cars, based on 4.5 cars per 1000 sf of building area, is dashed. (g) Open space and park plan • Open space is shown on the plan and consists of all land not used for buildings, roadway: or parking. Existing trees and mature vegetation will be retained to the extent possible. This area consists of approximately 15.2 acres. • The total project development is indicated on the master plan. IBMCU will maintain and own all portions of the property with the exception of the loop road and the extension of Nottingham Drive (see (c) above). The project will be completed in several phases of building construction, with the open space surrounding and adjacent to the individual buildings completed at the time the individual buildings are completed. (h) Homeowners association bylaws NA (i) Storm water management plan (from McGhie and Betts report) • Storm water will be directed toward Kings Run or Nottingham Drive and tie into the city system. rage (j) Development phasing plan • The master plan shows the total project development and the Phase I plan shows the Phase I development. Two phases of site development are planned. Multiple phases of building construction are planned anticipating beginning with the building at the south end of the site and continuing north. • Development of Phase 1 will begin in the spring of 2002. The complete development of the roadway system is to be completed in 5 years. Enclosure cc: Paul Horgen, Steve Spohn, IBMCU Brian Carey, Mark Nelson, United Properties Bill Blanski, Hal Henderson, HGA s:\project\1600\1692\015-00\cot -des\cones\master plw submittaLdoc Page 10 ' City Planning and Zoning Con,.,,..sion Minutes Hearing Date: October 24, 2001 Mr. Jeff Ellerbusch presented the staff report, dated October 18, 2001, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Ms. Rivas asked if the amendment to the general development plan was to lock in the location of the roadways. Mr. Ellerbusch responded yes. Discussion ensued regarding reasons for positions of roadways The applicant's representative, Mr. Hal Henderson of Hammel, Green and Abrahamson, Inc. located at 202 1s` Avenue 5W, addressed the Commission. He stated that Mark Nelson was present from United Properties (Development Consultant) to answer any questions the Commission may have. He stated that they agree with the staff recommendation. With no one else wishing to be heard, Ms. Petersson closed the public hearing. 10 Page 11 City Planning and Zoning Corn.. --ion Minutes Hearing Date: October 24, 2001 Mr. Jeff Ellerbusch pre el d the staff report, dated O ober 18, 2001, to the Commission. The staff report is on file at the hester-Olmsted Pla ng Department. Mr. Ellerbusch explained the proc s the/ation would go through. Discussed getting emergency vehiclesated access. Mr. Quinn asked what the timing public road. Mr. Ellerbusch responded that it w Id be workedNjt in the development agreement. He stated that he would approximate it/Iob3 to 5years. Mr. Hodgson expressed conith stormwater run\offeasked if the final plan would have more details. Mr. Ellerbusch respondey/yes. He explained that they would ne@kto submit a grading plan. Discussion ensued regarding how to get around the gated access anNprivate road. E REQUEST FOR COUNCIL ACTION MEETING )61 DATE: 11-19-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING --M DESCRIPTION: Project Development Plan #01-04 for the IBM Mid America Employees PREPARED BY: dit Union Office Building in Special District 1 (SD-1), The Arboretum. The property is Jeff Ellerbusch, located along the east side of West Circle Drive immediately north of the Douglas Trail Senior Planner Bicycle Bridge November 14, 2001 City Planning and Zoning Commission Recommendation: On October 24, 2001 the City Planning and Zoning Commission reviewed this "Project Development Plan" to build a 120,000 square foot office building in the Arboretum Special Zoning District (SD-1). At the same meeting, the Commission considered a revision to the General Development Plan (#83) for "The Arboretum" to reflect the complete development plans for the phase subject to this application and the remaining IBM Credit Union to the north. The Commission reviewed this proposal according to the criteria listed in Sections 61.146 and 62.708 of the Zoning Ordinance and Land Development Manual. Mr. Burke made a motion to approve the project development plan with the staff -recommended findings and conditions in the staff report dated October 18, 2001. The motion carried 8-0. Conditions: 1. Results of a wetland investigation of the entire site should be submitted for consideration as soon as possible. Special District final development plans should not be submitted for approval until all wetland issues are completed. ?. A grading plan shall be submitted for review and approval with the final development plan that is designed to restrict any runoff from the development from entering the adjacent Northern Hills Prairie Park. Storm Water Management shall be part of the plan. Separate grading approval and permits are required prior to any construction. 3. The utility plans submitted with the final plan shall include the interconnection of water mains as referenced in the October 10, 2001 memo from Donn Richardson of RPU Water. 4. The property shall be platted before permits are issued for construction. The plat shall dedicate the required utility easements requested by Qwest from Nottingham Drive NW along the private road to Building #1. The plat shall reference "access control authority" along the West Circle Drive (CSAH 22) frontage. 5. Details of the gated entrance shall be provided with the final plan. The gate shall be located outside of the public right-of-way for Nottingham Drive NW and it shall be designed to permit passing of emergency vehicles. 6. Prior to final plat submittal for any portion of this property, the applicant(s) shall enter into a development agreement with the City that outlines the obligations of the applicant(s) relating to, but not limited to, right- of-way dedication and required platting, the extension of public utilities, Transportation Improvement District (TID) charges, storm water management, park land transfers and maximum park shares in the cost of utility and road improvements, the timing of traffic improvements and the limitations on development until certain improvements are made, applicable charges or contributions for public infrastructure on and off site, and pedestrian amenity improvements. This development agreement in draft form shall be provided at the time of final plan submittal. COUNCIL ACTION: Motion by: second by: to: Page 2 RCA ((j November 14, 2001 7. The Final Site Plan application shall include in addition to the required submittals of Special District 1 # 2247): • A completely scaled and dimensioned site plan; • Site capacity calculations and zoning conformance evaluations as if this property were zoned B-4, General Commercial; • A landscape plan that includes screening of the surface parking lot and incorporates landscaping with trees within the parking lot to meet the screening and buffering findings required by section 62.708(1)(j); • Explanation of the exact use of the building; • Color scheme for the exterior of the building and an explanation of the plan for creating a harmonious appearance with other future buildings in the development. Planning Staff Recommendation: See attached staff report dated October 18, 2001. Gouncl Action Needed: 1. If the Council wishes to proceed with approval of the project development plan as proposed, it should instruct the City Attorney to prepare a Resolution for Council approval. Attachments: 1. Staff Report dated October 18, 2001 2. Minutes of the October 24, 2001 CPZC Meeting Distribution: 1. City Administrator 2. City Attorney 3. Planning Department File 4. Applicants: This item will be considered some time after 7:00 p.m. on Monday, November 19, 2001 in the Council/Board Chambers in the Government Center at 151 4th Street SE. 5.HGA-Rochester (Hal Henderson); HGA-Minneapolis (Bill Blanski & Vicki Hooper) bd7P IRrr P ncirr /f7 wP. i!t t M� p q ROCIIP,STER-OLMSTED PLANNING DEPi... MENT 44 TO: City Planning and Zoning Commission FROM: Jeff Ellerbusch, Senior Planner DATE: October 18, 2001 01 M �6►�_l�aaca �!{\�f�71 �{.\I is, w �tlllo,��I�t{{IV��i RE: Type 111, Phase 11 Process — Arboretum Special District (SD-1) Project Development Plan to allow the construction of a 120,000 square foot office building. The property is located along the east side of the West Circle Drive, immediately north of the Douglas Trail Bridge. Planninq Department Review: Applicants: IBM Mid America Employees Credit Union Paul Horgan; Steve Spohn 4001 West River Parkway NW Rochester. MN 55901 Owner: Project Designers: Referral Agency Comments: United Properties Mark Nelson ; Brian Carey 3500 West 80th Street Minneapolis, MN 55431 IBM Mid America Employees Credit Union HGA Hal Henderson 202 First Avenue SW Rochester, MN 55902 HGA Bill Blanski; Vicki Hooper 701 Washington Avenue North Minneapolis, MN 55401 Senior Transportation Planner; Rochester Public Works, Rochester Park & Rec; RPU Water Division; Qwest; Fire Dept.; Planning Dept. Addressing Staff BUILDING CODE 5071285-8213 - GIS/ADDRESSING/MAPPING 50V285-8232 - HOUSING/HRA 5071285-8224 PLANNING/ZONING 507/285-8232 - WELL/SEPTIC 507/285-8345 FAX 5071287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 of 10 Report Attachments: 1. Referral Comments (7 letters — 16 pages) 2. Location Map Aerial Photo 3. Approved GDP Map 4. Project Development Plan Site Plan 5. Project Dev. Plan Large Scale Version 6. Proposed GDP Amended Map 7. Applicants' Narrative (2 pages) Development Review: Location of Property: The property is located along the east side of West Circle Drive immediately north of the Douglas Trail Bridge. Access to the property is also available from the present end of Nottingham Drive NW. Zoning: SD-1 (Arboretum Special District) Adjacent Land Uses & North: Vacant property included the later phases of Zoning this commercial development zoned SD-1. South: Douglas Trail zoned R-1 and the Northern Hills Prairie Park zoned SD-1. East: Northern Hills Prairie Park, future Lincolnshire Park, single-family homes and vacant lots on Nottingham Drive NW all zoned SD -I. West: Across West Circle Drive is publicly owned open space and the Northern Hills Golf Course zoned R-1. General Development Plan: The approved Arboretum General Development Plan designates this property appropriate for "commercial" development. An amendment to the GDP to revise the street alignments through this property is also under consideration at this time. Access: The main access into the site would be from a new driveway opening onto Circle Drive. The project development plan identifies this as a private road initially that will be changed to a public street in later phases of this development. Transportation plans now call for the location of the proposed driveway opening onto Circle Drive to become a signalized intersection in the future, replacing the present 55" Street NW intersection by moving it southerly to this location. A temporary secondary access into the private streets within this proposed development is taken off the present end of Nottingham Drive NW. This access point is to be controlled during this first phase with a gated entrance. This gate will be removed in the future when the public streets are Page 3 of 10 ^ l l J constructed in the development. Also, the revised GDP for this property shows a new access to the north into the Northwest Plaza property planned to be built when the 551" Street NW / Circle Drive intersection is moved as previously described. Drainage: The property generally drains northeasterly across the park property to King's Run. Runoff from the site when developed will be directed toward King's Run and also in part toward Nottingham Drive. Wetlands: The Soil Survey and National Wetland Indicator maps were reviewed for the presence of wetlands. Soils maps indicate a hydric soil type (176-Garwin Silty Clay Loam) on a portion of the site extending northeasterly from Circle Drive / Douglas Trail intersection. This soil type is in the area where the proposed building is located. The property owner is responsible for identifying wetlands on the property and submitting the information as part of this application. Special District Summary: In 1982, the City adopted a Special Zoning District for The Arboretum (# 2247). The Special District allows for a mixture of land uses guided by a general development plan for the area. Land uses conforming to the underlying R-1 district (at the time of Special District adoption) only need be approved through conventional zoning and subdivision approval processes (such as Lincolnshire Subdivisions). Other development projects in accordance with the general development plan for the property, but not conforming to the underlying R-1 zoning must be considered for approval through a two-step site plan review process set forth in Ordinance # 2247. This two-step process includes the Project Development Plan and a Final Site Plan. Each process is reviewed at public hearings before the CPUC and the City Council. Recently the City amended the Zoning Ordinance and Land Development Manual to require that special district project evaluations must be according to the findings for conditional uses and restricted developments (See Paragraph 60.327 of the LDM). Page 4 of 10 7y Summary of Proposal: The proposed development is subject to the provisions of Ordinance #2247, which establishes the Arboretum Special District and provides for procedures for approval of projects within the Special District. In this instance, A Type III, Phase II review procedure is necessary for both the project development plan phase and the final development plan phase of the review. This requires public hearings at both the Planning Commission and the City Council. According to the Rochester Zoning Ordinance and Land Development Manual (LDM Sec. 60.327), this application will need to be measured against the criteria applicable for conditional use permits (Sec. 61.146) and also for a Restricted Development Preliminary Plan (62.708). Staff has reviewed the proposed use based on the most closely related underlying zoning district standards, which in this case, would be the general zoning district standards for the B-4 (General Commercial) zoning district. The B-4 zone is most often associated with this type of location locations. Technically, any type of commercial use at any development intensity can be proposed for consideration under the special district regulations. The applicant is proposing to construct, as a first phase, a single "office" type building of at most 120,000 square feet in area. The site plan shows an "L" shaped building footprint with approximately 30,000 square feet of floor area in the main portion of the "L". The narrative suggests that the building would be from three up to five floors in height. This amount of building converts to a floor area ratio of approximately 0.20 (0.50 is permitted in the B-4 zone). The potential maximum height of 5 stories could exceed the conventional height limit in the B-4 zone of 40 feet above grade, however the site of the building makes minor height increases appear acceptable. Off-street parking for at least 480, and with expansions, up to 540 cars is provided. This amount of parking is in excess of what would be required for an office (2.5 spaces per 1000 sq. ft.) and at the rate (4 spaces per 1000 sq. ft.) required for a business center (sic shopping center). The proposed building and parking area is shown setback 100 feet from the Circle Drive right-of- way. These large setbacks give the project a very park -like atmosphere. Open space on the developed portion of this site is approximately 8 acres of a total of 13.5. For this first phase, all access to the buildings and parking areas from the adjacent public street system will be via 24-foot wide private roads. The private road connection to Nottingham Drive NW is proposed to be controlled by some type of gate with an electronic card reader to restrict access from this direction to employees of the facility. Detail of this system will have to be provided in the final plan phase. Emergency vehicle access from Nottingham Drive NW will be necessary. At this time, a complete site capacity calculation has not been submitted for this project. These calculations will need to be included with the final development plan application. All other specific zoning requirements will be evaluated with the final plan. Final plan submittals must include all the detail such as floor plans and building elevations that need to be submitted for a zoning certificate as part of a building permit. All the proposed development is outside any floodplain or shoreland areas. Wetlands could exist on the site based on the soil types mapped for the property. The finalizing of wetland investigation is the most important task that needs to be accomplished at this time. Page 5 of 10 MW /?5 Criteria & Findings: Sections 61.146 and 62.708 are attached for your review. These sections of the Rochester Zoning Ordinance and Land Development Manual (LDM) include the criteria that must be considered when reviewing this application. Staff suggests the following findings. In regard to Section 61.146, if this application were approved subject to conditions or modifications, the staff suggests that findings within this Section could not be made to support denial of this request. In regard to Section 62.708 (1) of the LDM, staff suggests the following findings: a) Capacity of Public Facilities: The existing or future planned utilities in the area appear adequate to serve the proposed development. Sewer, water and electricity are directly available to this site. Water reliability can be assured by the connection of the two water main stub -outs to the site being interconnected in this first phase. b) Geologic Hazards: There are no known geologic hazards associated with the development of this site. c) Natural Features: The proposed use makes no unexpected demands on the natural features of the area. The land has in most cases been cropped in the past. Drainage design that insures the adjacent Northern Hills Prairie Park is unaffected by runoff will protect natural features in the area. Wetland investigation will establish if the presence of wetland exists. Residential Traffic Impact: This development is not expected to generate any appreciable amount of traffic within residential areas. This first phase has only gated access to Nottingham Drive NW leading into the residential area. Nottingham Drive NW is a major local street that was designed and is planned to carry neighborhood trips from the Lincolnshire area to the Circle Drive corridor in the future. d) Traffic Generation Impact: Anticipated traffic generated by the proposal is not expected to exceed the capacity of adjacent streets. The amount of traffic generated by this first phase of development at a single, temporarily uncontrolled intersection with Circle Drive, as improved with turning lanes as required by Olmsted County, was found by the transportation staff be in the acceptable range at this time with this amount of development. e) Height Impacts: The proposed height of this structure is 3 to 5 floors. At 5 floors this building would most likely exceed the typical maximum height for commercial structures outside of the downtown. However, this maximum potential height is not expected to result in adverse impacts to adjacent properties through shadowing or interference with air movement. The large setbacks of 100 feet to any property line and adjacent open space to the east and south will mitigate the effect of the height. f) Setbacks: For developments involving new construction, proposed setbacks are related to building height and bulk in a manner consistent with that required for a B-4 (General Commercial) zoning district. The setbacks are in fact over six times greater than the minimum standards of the B-4 zone. g) 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. Page 6 of 10 h) Screening and Buffering: The large setbacks proposed create the best form of buffering. Specific landscape screening of the east and west sides of the parking area would be expected to be provided in the final plan. Internal parking lot landscaping should be considered at a site like this to soften the appearance of the parking near a natural area. i) Ordinance Requirements: The proposed development includes adequate amounts of off-street parking and loading areas. The applicant will need to provide a complete site capacity evaluation with the final plan application. j) General Compatibility: The building orientation, height and size appear compatible with the surrounding uses. Staff Recommendation: The Planning staff would recommend approval of the proposed Special District Project Development Plan subject to the following conditions/modifications: 1. Results of a wetland investigation of the entire site should be submitted for consideration as soon as possible. Special District final development plans should not be submitted for approval until all wetland issues are completed. 2. A grading plan shall be submitted for review and approval with the final development plan that is designed to restrict any runoff from the development from entering the adjacent Northern Hills Prairie Park. Storm Water Management shall be part of the plan. Separate grading approval and permits are required prior to any construction. 3. The utility plans submitted with the final plan shall include the interconnection of water mains as referenced in the October 10, 2001 memo from Donn Richardson of RPU Water. A. The property shall be platted before permits are issued for construction. The plat shall dedicate the required utility easements requested by Qwest from Nottingham Drive NW along the private road to Building #1. The plat shall reference "access control authority" along the West Circle Drive (CSAH 22) frontage. 5. Details of the gated entrance shall be provided with the final plan. The gate shall be located outside of the public right-of-way for Nottingham Drive NW and it shall be designed to permit passing of emergency vehicles. 6. Prior to final plat submittal for any portion of this property, the applicant(s) shall enter into a development agreement with the City that outlines the obligations of the applicant(s) relating to, but not limited to, right-of-way dedication and required platting, the extension of public utilities, Transportation Improvement District (TID) charges, storm water management, park land transfers and maximum park shares in the cost of utility and road improvements, the timing of traffic improvements and the limitations on development until certain improvements are made, applicable charges or contributions for public infrastructure on and off site, and pedestrian amenity improvements. This development agreement in draft form shall be provided at the time of final plan submittal. Page 7 of 10 7. The Final Site Plan application shall include in addition to the required submittals of Special District 1 (Ord. # 2247): • A completely scaled and dimensioned site plan; • Site capacity calculations and zoning conformance evaluations as if this property were zoned B-4, General Commercial; • A landscape plan that includes screening of the surface parking lot and incorporates landscaping with trees within the parking lot to meet the screening and buffering findings required by section 62.708(1)Q); • Explanation of the exact use of the building; • Color scheme for the exterior of the building and an explanation of the plan for creating a harmonious appearance with other future buildings in the development. Page 8 of 10 EXCERPTS FROM THE LDM 61.146 Standards for Conditional Uses: The zoning administrator, Commission, or Council shall approve a development permit authorizing a conditional use unless one or more of the following findings with respect to the proposed development is made: 1) provisions for vehicular loading, unloading, parking and for vehicular and pedestrian circulation on the site and onto adjacent public streets and ways will create hazards to safety, or will impose a significant burden upon public facilities. 2) The intensity, location, operation, or height of proposed buildings and structures will be detrimental to other private development in the neighborhood or will impose undue burdens on the sewers, sanitary and storm drains, water or similar public facilities. 3) The provision for on -site bufferyards and landscaping does not provide adequate protection to neighboring properties from detrimental features of the development. 4) The site plan fails to provide for the soil erosion and drainage problems that may be created by the development. 5) The provisions for exterior lighting create undue hazards to motorists traveling on adjacent public streets or are inadequate for the safety of occupants or users of the site or such provisions damage the value and diminish the usability of adjacent properties. 6) The proposed development will create undue fire safety hazards by not providing adequate access to the site, or to the buildings on the site, for emergency vehicles. 7) In cases where a Phase I plan has been approved, there is a substantial change in the Phase 11 site plan from the approved Phase I site plan, such that the revised plans will not meet the standards provided by this paragraph. 8) The proposed conditional use does not comply with all the standards applying to permitted uses within the underlying zoning district, or with standards specifically applicable to the type of conditional use under consideration, or with specific ordinance standards dealing with matters such as signs which are part of the proposed development, and a variance to allow such deviation has not been secured by the applicant. Page 9 of 10 M 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: 2) 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. 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. 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. 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; 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. 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; 2) Will siting of the structure substantially block vistas from the primary exposures of adjacent residential dwellings created due to differences in elevation. Page 10 of 10 /�O' 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. 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. 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. 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. 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. IBM Mid America I U Employees federal fredit Union oCT 2 7m wmraome�s `::,' rug-io�°�;i"�r . D 33✓ G 4} • edxc- �.ry x ° . I I I I Il / !j ! r IBM Mid America r' f Em to ees Federal {relit Union P Y i! ocr 2 2ooi "` ' " ' 6&ft,lfnxe.n..w_.�.....�.............. i.�� l GOTEV PLrST— nocas,._r�:_ i Fi auenur. nrc. .,.:.:. eereer era e� r trio r_pv_ we pledge, we deliver October 10, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Type III, Phase II Special District Amendment Project Development Plan #01-04 to allow the construction of a Commercial building consisting of approximately 120,000 SF and up to 5 floors in the Special District-1 (Arboretum) zoning district located on the east side of West Circle Dr. NW north of the Douglas Trail. Dear Ms. Gamess: Our review of the referenced site plan is complete and our comments follow: 1. The working static pressure at elevation 1035 is approximately 57 PSI. 2. The two existing water main stub -outs to this site should be interconnected with this first phase of development to provide adequate reliability, water quality and flows for fire protection. We will work with the applicant's engineering firm to develop the necessary water system layout to serve this area. Please contact us at 507-280-1600 if you have questions. Very truly yours, � %�06-AA 1 `rs�*��""'� Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention HGA Mark Nelson, United Properties for IBM Mid America Credit Union Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 i ROCHESTER•OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DRIVE SE — SUITE 100 ROCHESTER, MN 55904 PHONE (507) 285.8232 FAX (507)287.2275 Date: October 2, 2001 To: Agencies Indicated Below From: Jennifer Garness, Planning Department Subject: Type III, Phase it Special District Amendment Project, Development Plan #01-04 to allow the construction of a Commercial building consisting of approximately 120,000 square feet and up to five floors in the Special District-1 (Arboretum) zoning district. The property Is located along the east side of West Circle Drive, west of the Lincolnshire Subdivisions and north of the Douglas Trail. This application is scheduled for consideration by the City Planning and Zoning Commission on October 24, 2001, in the Council/Board Chambers of the Government Center, 151 40 Street SE. In order for the Planning Department to prepare a thorough review of this application, we would appreciate receiving your comments by October 12, 2001. You may also appear at the meeting if you so desire. Your cooperation and assistance Is greatly appreciated. If you have comments, In addition to forwarding them to the Planning Departmen4 please send a copy to: _.. IBM MI.dAmerica Credit Union HGA C/O Mark Nelson, United Properties 701 Washington Avenue North 3500 West SOW Street, Suite 200 Minneapolis MN 55401.1180 Bloomington MN 55431 (612) 758.4000 (952) 820-8727 City Agencies County Agencies Other Agencies 1. Public Works 15. Health Department 19. School Board Richard Freese Rich Peter Jeff Koppers 2, Fire Department Lyle Felsch 3. Crime Prevention Darrel Hildebranl, Gov. Center 4. Crime Prevention Steve Woslager 5. 6. 7. 8. 16. Public Works 17. GIS Division Randy Growden 18. Environmental Resource Services RPU Operations Division L Mike Engle RP Divisidsonon oterRichardson n Donn Richardson Park 8 Recreaticn (� _ Denny Stolz Building Safety Y — Ron gooseose 9. City Attorney Dave Goslee 10. Downtown Dev. Dist. Doug Knott 11. City Administration Terry Spaeth 12. Susan Waughtal Neighborhood Organizer 13. Transportation Planner Charlie Reiter In 20. Peoples Natural Gas Neat Clausen 27� Ow"t.' :. - Don Kendall 22. Charter Communications 23. MN DOT Dale Maul 24. Post Office Supervisor k 25. MN DNR 1� Jim Cooper 26. SWCD 1>/,27. Peoples Coop Rick W ellik 5a7�S s• 3G�.9 Page I I City Planning and Zoning Con _ _ >ion Minutes Hearing Date: October 24, 2001 Type III Phase II Special District Amendment Project Development Plan #01-04 to allow the construction of a Commercial building consisting of approximately 120,000 square / feet and up to five floors in the Special District-1 (Arboretum) zoning district. The 1'l[� property is located along the east side of West Circle Drive, west of the Lincolnshire Subdivisions and north of the Douglas Trail. Mr. Jeff Ellerbusch presented the staff report, dated October 18, 2001, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Mr. Ellerbusch explained the process the application would go through. Discussed getting emergency vehicles around the gated access. Mr. Quinn asked what the timing would be of the public road. Mr. Ellerbusch responded that it would be worked out in the development agreement. He stated that he would approximate it to be 3 to 5 years. Mr. Hodgson expressed concern with stormwater run off. He asked if the final plan would have more details. Mr. Ellerbusch responded yes. He explained that they would need to submit a grading plan. Discussion ensued regarding how to get around the gated access and private road. �qzCo City Planning and Zoning Corr......,,, ion Minutes Hearing Date: October 24, 2001 / i- The applicant's representative, Mr. Hal Henderson of Hammel, Green and Abrahamson, Inc. located at 202 151 Avenue SW, addressed the Commission. He stated that Mark Nelson was present from United Properties (Development Consultant) to answer any questions the Commission may have. He stated that they agree with the staff -recommended conditions. Mr. Henderson explained that the private road came from discussions with the Public Works Department. It is to provide a back access for the employees. He explained that the gate is to control most people going through private property to get to Circle Drive. He further explained that, once the roadways are put in, there is a chance that the gated access could be taken out. Ms. Rivas asked if he would be opposed to increasing internal parking lot landscaping to break up the amount of asphalt and putting in some islands. Mr. Henderson responded that it was a staff recommendation. He stated that they agreed to the recommendation itself so they will be looking into it. He stated that they would maintain the same quality and character as their other buildings. Mr. Brede asked if the private road would become a public road, would it have to be reconstructed. Mr. Henderson responded that the master plan shows the public roads they intend on having. He stated that the private road would remain private. Mr. Henderson explained that the project would occur in three (3) phases. With no one else wishing to be heard, Ms. Petersson closed the public hearing. Page 13 City Planning and Zoning Con ;ion Minutes Hearing Date: October 24, 2001 A five-minute break occurred. REQUEST FOR COUNCIL ACTION MEETING /G DATE: 11-19-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING ITEM DESCRIPTION: Amendment to General Development Plan # 92, known as Manor PREPARED BY: ods West, by Forbrook-Bigelow Development. The applicant proposes to amend the Theresa Fogarty, )roved Plan to identify a continuation of 6m Street NW intersecting into 7th Street NW to Planner accommodate single family residential development. The property is located east of I Manor Park Drive, north of 51h Street NW, west of 6th Street NW and south of 7th Street NW in an area previously proposed for a church development. A preliminary plat is being I considered concurrent with this application. November 14, 2001 City Planning and Zoning Commission Recommendation: On October 24, 2001, the City Planning and Zoning Commission reviewed the Amendment to General Development Plan #92. The Commission reviewed this proposal according to the criteria listed in Paragraph 61.215 of the Zoning Ordinance and Land Development Manual. Mr. Quinn moved to recommend approval of Amendment to General Development Plan #92, known as Manor Woods West, by Forbrook-Bigelow Development with staff findings and conditions. Mr. Slaver seconded the motion. The motion carried 6-0, with Mr. Ohly and Ms. Rivas abstaining. Conditions: 1. Storm Water Management must be provided for this development. A Voluntary Storm Water Management fee will apply to any areas of this subdivision that, when graded, do not drain to an approved private detention facility. 2. Prior to Final Plat submittal, the applicant shall enter into a Development Agreement with the City that outlines the obligations of the applicant, relating to, but not limited to, stormwater managaement, pedestrian facilities, right-of- way dedication, and contributions for public infrastructure needed to serve this property. 3. Lots with direct access to 7fb Street NW shall have shared driveways, meeting the access spacing standards of the Rochester Zoning Ordinance and Land Development Manual. 4. The Final Plat for this portion of the GDP shall include: a. Controlled access along the entire 71h Street NW frontage of Lot 1, Block 2, Lot 8, Block 1 and within 35 feet of the ROW intersection of 61h Street NW and 7fh Street NW. b. A revised roadway name for 5'h Street NW, to be approved by the Planning Department Addressing staff. Planning Staff Recommendation: See attached staff report dated October 18, 2001.jIeA Council Action Needed: N �.Q " / 1. The Council may approve, approve with conditions, or deny the general development plan. The Council must make findings based on the criteria listed in Paragraph 61.215. 2. If the Council wishes to proceed with the general development plan as proposed, it should instruct the City Attorney to prepare a resolution for Council approval. COUNCIL ACTION: Motion by: Second by: to: [�'N3O 1S3M SOOOMMONVVI N`dli N3Nd0l3h30 1t2f3N3°J �E d- iJz ��]flJfie �h I REVISED ROCHESTER-OLAISTED PLANNING DEPA.,NIENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 COUNTY OF www.olmstedcounty.com/planning TO: City Planning and Zoning Commission FROM: Theresa Fogarty, Planner DATE: October 18, 2001 RpCNES TI;R•AE . DF .... • l,t f kq TED:A UCC,54'S•P RE: Amendment to General Development Plan #92, known as Manor Woods West, by Forbrook-Bigelow Development. The applicant proposes to amend the approved Plan to identify a continuation of 6th Street NW intersecting into 7th Street NW to accommodate single family residential development. The property is located east of Manor Park Drive, north of 5th Street NW, west of 6th Street NW and south of 7th Street NW in an area previously proposed for a church development. A preliminary plat is being considered concurrent with this application. Planninq Department Review: Applicant/Owner: Forbrook-Bigelow Development 706 County Rd. 3 NW Byron, MN 55920 Consultants: McGhie & Betts, Inc. 1648 3rd Avenue SE Rochester, MN 55904 Size and Location: The property is located south of 7th St. NW, between Manor Park Drive NW and 43 ° Ave. NW and includes approximately 7.51 acres of land. Existing Land Use: The site is presently undeveloped. Proposed Use: The Plan proposes to develop 29 single family residential units and the continuation of one roadway (6`T Street NW). Land Use Plan: The Rochester Urban Service Area Land Use Plan designates this property as suitable for "low density residential" types of development. Zoning: The property is currently zoned R-1 (Mixed Single Family Residential) district. BUILDING CODE 507/285-8213 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/285-8224 . ww. PLANNING/ZONING 507/285-8232 • WELUSEPTIC 507/285-8345 FAX 507/287-2275 �.. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 General Development Plan October 18, 2001 Roadways: The applicant is proposing a new public roadway continuing from 6'h St. NW that would intersect into 7'h Street NW. The roadway configuration does not fit the roadway type for a street. The naming of the roadway will need to be coordinated with Planning Department addressing staff. Since 7'h Street NW is a "collector" roadway, accessing spacing standards will require shared driveways for the lots with direct access to 7'h Street NW. In addition, the final plat will need to include dedication of controlled access along entire 7'h Street NW frontage of Lot 1, Block 2, Lot 8, Block 1 and within 35 feet of the ROW intersection of 6th Street NW and 7'h Street NW. Sidewalks: In accordance with current City policy, sidewalk is required along both sides of all roadways within a Plat and along the entire frontage of 7'h Street NW, concurrent with the development of the property. Drainage: The approved General Development Plan identifies existing topography. The property generally drains to the east. Detailed grading and drainage plans will be required when the property is platted. Wetlands: A Wetland delineation and replacement plan for wetlands along 7'h St. NW, adjacent to this property, was approved in 1998. Public Utilities: Services are, or will be, available to serve this property. Parkland Dedication: The City Park Department has no concerns or issues relating to parkland with the GDP revision. The Rochester Park and Recreation Department recommends that Parkland Dedication requirements for the Preliminary Plat needs to be satisfied via cash dedication in lieu of land. Referral Comments: 1. Planning Department — GIS staff 2. Rochester Public Works Department Report Attachments: 1. Copy of General Development Plan 2. Location Map 3. Referral Comments (2) Page 3 General Development Plan October 18, 2001 Summary: A preliminary plat (#01-28, Manor Woods West Central Subdivision) is being considered concurrent with this GDP amendment. The aFplicant is proposing to amend the GDP for the continuation of 6th Street NW intersecting into 7` Street NW to accommodate single family residential development, where a church was previously proposed. The church chose to locate at another site, and will not be pursuing constructing a facility at this location. Staff Suggested Findings and Recommendation: Paragraph 61.215 of the Rochester Zoning Ordinance and Land Development Manual lists the criteria for approval of a general development plan (see attached section from the newly adopted regulations, which became affective May 15, 1999. Criteria A. The proposed land uses are generally in accord with the adopted Comprehensive Plan and zoning map, or that the means for reconciling any differences have been addressed. A GDP may be processed simultaneously with a rezoning or plan amendment request. Land uses within the amended GDP would be consistent with the "low density residential' land use designation for the property. Criteria B. The proposed development, including its lot sizes, density, access and circulation are compatible with the existing and/or permissible future use of adjacent property. The tot sizes proposed are consistent with the R-1 zoning district. Since 74" St. is a "collector" road, access spacing standards will require shared driveways for the lots with direct access to 7rh Street NW. In addition, the final plat will need to include dedication of controlled access along the 7�4 Street NW along the entire frontage of Lot 1, Block 2, Lot 8, Block 1 and within 35 feet of the ROW of 6�h Street NW and 7`h Street NW intersection. Criteria C. The mix of housing is consistent with adopted Land Use and Housing Plans. Single family housing is consistent with the adopted Land Use Plan and is also consistent with the Housing Plan standards for the physical and social environments of residential neighborhoods. Criteria D. The proposed plan makes provisions for planned capital improvements and streets reflected in the City of Rochester's current 6-Year Capital Improvement Program, adopted Thoroughfare Plan, the ROCOG Long -Range Transportation Plan, Official Maps, and any other public facilities plans adopted by the City. Street system improvements required to accommodate proposed land uses and projected background traffic are compatible with the existing uses and uses shown in the adopted Land Use Plan for the subject and adjacent properties. Page 4 General Development Plan October 18, 2001 Access to this portion of the GDP will be from 7th Street NW and the continuation of 6'h Street NW. Since 7+h Street NWW, is a "collector" road, access spacing standards will require shared driveways for the lots with direct access to 7 h Street NW. In addition, the final plat will need to include dedication of controlled access along the 74h Street NW along the entire frontage of Lot 1, Block 2, Lot 8, Block 1 and within 35 feet of the ROW of 6'h Street NW and 74h Street NW intersection. Criteria E. On and off -site public facilities are adequate, or will be adequate if the development is phased in, to serve the properties under consideration and will provide access to adjoining land in a manner that will allow development of those adjoining lands in accord with this ordinance. Street system adequacy shall be based on the street system's ability to safely accommodate trips from existing and planned land uses on the existing and proposed street system without creating safety hazards, generating auto stacking that blocks driveways or intersections, or disrupting traffic flow on any street, as identified in the traffic impact report, if required by Section 61.523(C). Capacity from improvements in the first 3 years of the 6-year CIP shall be included in the assessment of adequacy. Since 7=h Street NW. is a "collector" road, access spacing standards will require shared driveways for the lots with direct access to 7 h Street NW. In addition, the final plat will need to include dedication of controlled access along the 7h Street NW along the entire frontage of Lot 1, Block 2, Lot 8, Block 1 and within 35 feet of the ROW of 6'h Street NW and 70' Street NW intersection. 2. Utilities are now available to directly serve the area of the proposed land use, or that the City of Rochester is planning for the extension of utilities to serve the area of the proposed development and such utilities are in the first three years of the City's current 6-Year Capital Improvements Program, or that other arrangements (contractual, development agreement, performance bond, etc.) have been made to ensure that adequate utilities will be available concurrently with development. If needed utilities will not be available concurrent with the proposed development, the applicant for the development approval shall stipulate to a condition that no development will occur and no further development permit will be issued until concurrency has been evidenced. Services are, or will be available to serve this property. Services are proposed to be extended from a Street NW and also from Manor Woods Ninth Subdivision. Page 5 General Development Plan October 18, 2001 3. The adequacy of service standards development. other public facilities shall be based on the level of in Section 64.130 and the proposed phasing plan for Sidewalk will be required on both sides of all new public roadways and along the entire frontage of 7"' Street NW. Storm Water Management must be provided for this development. A Voluntary Storm Water Management fee will apply to any areas of this subdivision that, when graded, do not drain to an approved private detention facility. Criteria F. The drainage, erosion, and construction in the area can be handled through normal engineering and construction practices, or that, at the time of land subdivision, a more detailed investigation of these matters will be provided to solve unusual problems that have been identified. Storm Water Management must be provided for this development. A Voluntary Storm Water Management fee will apply to any areas of this subdivision that, when graded, do not drain to an approved private detention facility. Criteria G. The lot, block, and street layout for all development and the lot density for residential development are consistent with the subdivision design standards contained in Section 64.100 and compatible with existing and planned development of adjacent parcels. The amended GDP is consistent with the subdivision design standards for single family housing. Since 7 h Street NWW, is a "collector" road, access spacing standards will require shared driveways for the lots with direct access to a Street NW. In addition, the final plat will need to include dedication of controlled access along the 7' Street NW along the entire frontage of Lot 1, Block 2, Lot B, Block 1 and within 35 feet of the ROW of 6`h Street NW and 7 h Street NW intersection. Recommendation: Staff recommends the following conditions or modifications to assure compliance with the Rochester Zoning Ordinance and Land Development Manual and applicable criteria: f. Storm Water Management must be provided for this development A Voluntary Storm Water Management fee will apply to any areas of this subdivision that when graded, do not drain to an approved private detention facility. 2. Prior to Final Plat submittal, the applicant shall enter into a Development Agreement with the City that outlines the obligations of the applicant, relating to, but not limited to, stormwater management, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure needed to serve this property. Page 6 General Development Plan October 18, 2001 3. Lots with direct access to 7 h St. NW shall have shared driveways, meeting the access spacing standards of the Rochester Zoning Ordinance and Land Development Manual. 4. The Final Plat for this portion of the GDPshall include: • controlled access along the entire 7� Street NW frontage of Lot 1, Block T, Lot 8, Block 1 and within 35 feet of the ROW intersection of 6' Street NW and 7`h Street NW. A revised roadway name for 6 h Street NW, to be approved by the Planning Department Addressing staff. 92. Page 7 General Development Plan October 18, 2001 Criteria for Approval of a General Development Plan In approving a General Development Plan, the Council shall make each of the following findings: A. The proposed land uses are generally in accord with the adopted Comprehensive Plan and zoning map, or that the means for reconciling any differences have been addressed. A GDP may be processed simultaneously with a rezoning or plan amendment request. B. The proposed development, including its lot sizes, density, access and circulation are compatible with the existing and/or permissible future use of adjacent property. C. The mix of housing is consistent with adopted Land Use and Housing Plans. D. The proposed plan makes provisions for planned capital improvements and streets reflected in the City of Rochester's current 6-Year Capital Improvement Program, adopted Thoroughfare Plan, the ROCOG Long -Range Transportation Plan, Official Maps, and any other public facilities plans adopted by the City. Street system improvements required to accommodate proposed land uses and projected background traffic are compatible with the existing uses and uses shown in the adopted Land Use Plan for the subject and adjacent properties. E. On and off -site public facilities are adequate, or will be adequate if the development is phased in, to serve the properties under consideration and will provide access to adjoining land in a manner that will allow development of those adjoining lands in accord with this ordinance. 3. Street system adequacy shall be based on the street system's ability to safely accommodate trips from existing and planned land uses on the existing and proposed street system without creating safety hazards, generating auto stacking that blocks driveways or intersections, or disrupting traffic flow on any street, as identified in the traffic impact report, if required by Section 61.523(C). Capacity from improvements in the first 3 years of the 6-year CIP shall be included in the assessment of adequacy. 4. Utilities are now available to directly serve the area of the proposed land use, or that the City of Rochester is planning for the extension of utilities to serve the area of the proposed development and such utilities are in the first three years of the City's current 6-Year Capital Improvements Program, or that other arrangements (contractual, development agreement, performance bond, etc.) have been made to ensure that adequate utilities will be available concurrently with development. If needed utilities will not be available concurrent with the proposed development, the applicant for the development approval shall stipulate to a condition that no development will occur and no further development permit will be issued until concurrency has been evidenced. 3. The adequacy of other public facilities shall be based on the level of service standards in Section 64.130 and the proposed phasing plan for development. Page 8 General Development Plan October 18, 2001 The drainage, erosion, and construction in the area can be handled through normal engineering and construction practices, or that, at the time of land subdivision, a more detailed investigation of these matters will be provided to solve unusual problems that have been identified. G. The lot, block, and street layout for all development and the lot density for residential development are consistent with the subdivision design standards contained in Section 64.100 and compatible with existing and planned development of adjacent parcels. �pD 00CHESTO, M Minnesota DEPARTMENT OF PUBLIC TO: Consolidated Planning Department N WORKS 2014Street SE Room 108 2122 Campus Drive SE Rochester, MN 55904-3740 Rochester, MN 55904 507-287-7800 FAX — 507-281-6216 FROM: Mark E. Baker DATE: 10/11/01 The Department of Public Works has reviewed the application for the REVISED Preliminary Plat #01- 28 on the Manor Woods West Central Subdivision property. The following are Public Works comments on the original request from 7/27/0. Previous continents that are no longer applicable, or have been addressed are indicated with STPaY�ETHROIJGH, while new comments are indicated in BOLD: 1. Approval of Grading and Drainage Plans is required for this development, prior to Final Plat submittal. 2. Prior to Final Plat submittal, the applicant shall enter into a Development Agreement with the City that outlines the obligations of the applicant relating to, but not limited to, stormwater management, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure needed to serve this property. 3. Storm Water Management must be provided for this development. A Voluntary Stormwater Management Fee will apply to any areas of this subdivision that, when graded, do not drain to an approved private detention facility. St ?,� frontage is i%eloded in the adopted 4. ^sue o _ _ . :ae... ci .n.._. the 7� '763. The Developer is required to construct concrete sidewalk along the entire frontage of both sides of West Gentfal LH and the fientage on 6" St AAF ebatt}ng Lets 1'�t- °• 18, r �, Ble-k ' , and the entire frontage of 7`h St NW, concurrent with development of this subdivision. 5. A City / Owner Contract must be executed prior to development of this property to address the construction of all public infrastructure and utilities to serve this subdivision. 6. Preliminary Construction Plan comments will be provided separately to the Developer's Engineer. 7. Controlled Access to 7th St NW is required along the entire frontages of Lot 1, Block 2, and Lot 8, Block 1, and within 35 feet of the ROW intersection of 61b St NW and 7t6 ST NW. The following charges/fees are applicable for the development of the property: Trunkline Sanitary Sewer J8619 @ $665.1598 per acre plus Interest @ 7.0% from 6/25/80 (1 Oyr max) = $1,130.77 per acre. r CCM Water Tower J8251 @ $900.88 per acre plus Interest @ 7.0% from 7/2/79 (10 yr max) = $1,531.50�er acre 4• Charges for J9363 7 St NW Reconstruction (estini tee _rime._.. $75«7 7, Stormwater Management, TBD — if on -site detention is not provided. :• First Seal Coat Contribution Traffic Signs as determined by the City of Rochester Traffic Division: 2 Street Name Signs 1 Stop Sign 1 Street Ends8igo C:IWINNTProfileslplabsven%Temporary Internet Files10LK931PP01-28 Manor Woods West Central Subdivision REVISED Request 10-01.doc Rochester -Olmsted Planning Department GIS/Addressing Division 2122 Campus Drive SE Rochester, MN 55904-4744 Phone: (507)285-8232 Fax: (507)287-2275 GDP REFERRAL RESPONSE DATE: October 12, 2001 TO: Jennifer Garness FROM: Planning Dept. Addressing Staff CC: RE: MANOR WOODS WEST (AMENDED) GENERAL DEVELOPMENT PLAN # 92 A review of the GDP has turned up the following ROADWAY or ADDRESS related issues: 1. The roadway as illustrated in the GDP would have Sixth Street NW intersecting with Seventh Street NW. A Street intersecting a Street, is not permissible. 2. The new roadway configuration does not fit the roadway type for a street. 3. If the roadway is to be designated with a name, the entire length of roadway back to 43 Avenue NW would need to be changed. This would require an RCA for that portion of roadway already in existence, and 14 residences changing their address. RECOMMENDATION: If this roadway design is approved, the naming of the roadway will need coordination with our staff, and an RCA will need to be done changing that part of Sixth Street NW that already exists east of this GDP. .0?�Ai I F" I AI 111: 1 �,�i_K3nli , AN, II)�V' S'l(i )1 -r V�)I ).i Y,r Page 5 City Planning and Zoning Commission Minutes Hearing Date: October 24, 2001 AND Mr. Brent Svenby presented the staff reports, dated October 18, 2001, to the Commission. The staff reports are on file at the Rochester -Olmsted Planning Department. Mr. Tony Bigelow, of 27693 637th Street, Kasson MN, addressed the Commission. He explained that he was present on behalf of Forbrook-Bigelow Development. He stated that they were in agreement with the staff -recommended conditions. He explained that having 61h Street as a through roadway would help with traffic congestion. Page 6 City Planning and Zoning Con nnssion Minutes Hearing Date: October 24, 2001 Mr. Slaver asked if another neighborhood meeting was held. Mr. Bigelow responded no. Mr. Slaver asked if there was some informal feedback. Mr. Bigelow responded yes. Ms. Rivas asked how many townhomes were proposed in the previous plan. Mr. Bigelow responded three single-family homes and 37 townhomes. Ms. Rivas asked how many single-family lots were currently being proposed. Mr. Bigelow responded 29. Mr. Darren Knoepke, of 4407 6'" Street NW, Rochester MN, addressed the Commission. He indicated that he used to live on 36th Avenue, which is a busy roadway. Due to the congestion on the roadway, they moved to a cul-de-sac where they presently reside. He stated that he feels that Bigelow Enterprises is getting back at the people for fighting the first proposal. He stated that they could have proposed a through street with the townhome development, but did not. He stated that he purchased a home at the end of a cul-de-sac and would like to have it remain that way. Mr. Robert Kostinec, of 4335 6'" Street NW, Rochester MN, addressed the Commission. He stated that the engineers did not state that traffic was a concern in the previous plan. Therefore, it should not be a problem with the current plan. He expressed concern with purchasing a home at the end of a cul-de-sac and having it taken away. He asked the Commission if they took into account the feelings of the neighbors. Ms. Petersson responded that they try to account for the feelings of the neighbors, while looking at all the other items they must consider. She expressed the need to have more than one way into a neighborhood for emergency purposes. Mr. Kostinec asked the Commission why they did not list any concern with the cul-de-sac proposed in a previous plan that was brought before them. Mr. Svenby responded that the applicant withdrew their application. Mr. Kostinec stated that cul-de-sacs are places where people want to live. Ms. Petersson explained that fire protection is almost impossible to get into cul-de-sacs. She explained that the only way to keep areas the way they are is to purchase land surrounding it. Ms. Petersson explained that the cul-de-sac Mr. Kostinec lives at is straight. However, the other end is very curvy and would be a hard cul-de-sac to get emergency services to. Mr. Kostinec asked why the cul-de-sac proposed in the previous plan wasn't an issue with the Commission at that time. w Page 7 City Planning and Zoning Corn ion Minutes Hearing Date: October 24, 2001 Ms. Petersson responded that she must have missed seeing the cul-de-sac in the townhome development. Mr. Brede asked if the previous plan had two cul-de-sacs abutting each other. Ms. Petersson explained that she must have missed it. Mr. Brede stated another benefit of a through street is snow removal. Ms. Rivas explained that she did not think the developer was trying to spite the neighborhood, as it is a matter of economics. She explained that the developer has gone from being able to sell 37 units down to 29 lots. She stated that, if the developer where to propose a cul-de-sac, they would loose additional lots. Mr. Kostinec stated that the 37 townhomes would have been put on the property lines. He asked how many units would be added by connecting versus the cul-de-sac. Ms. Petersson stated that she did not notice the back-to-back cul-de-sacs when the Commission recommended approval the last time. Otherwise, she indicated she would have voted against it. Mr. Kostinec asked if there are any particular zoning regulations that address taking out a cul- de-sac. Ms. Petersson responded no. Mr. Kostinec stated that there is a circle in the roadway. Mr. Burke explained that when a development is designed and the road is to dead end, it is required to put a bulb at the end of the cul-de-sac if it is planned to continue through or not. He explained that, when the cul-de-sac was built, the majority of the cul-de-sac is outside of the subdivision they live in. He stated that this gave the developer the option to extend the street at a later point in time. If the cul-de-sac were designed to be cul-de-sac only, there would have been lots designed on the end of the cul-de-sac, which would not allow a through street. He further explained that developers do this often to extend areas to the next phase. Mr. Kostinec expressed dissatisfaction with Forbrook-Bigelow selling him the home and then taking the cul-de-sac away. Mr. Quinn explained that it is coincidence that Bigelow is the developer that sold him his home and owns the property to extend the roadway. He explained that anyone could do the same exact thing if they owned that property. Mr. Staver stated that, if the church was built previously, there could have been egress at the end of the cul-de-sac. If it were designed to be for housing, it would have been platted for lots. The fact that it was left open means that it could have been a secondary egress for the church property. Mr. Kostinec stated that he was told that. Mr. Quinn asked Mr. Kostinec if he was told that it could be an egress for the church. 0-5 Page 8 City Planning and Zoning Corn ion Minutes Hearing Date: October 24, 2001 Mr. Kostinec responded yes. Mr. Quinn stated that now it is an egress for more lots instead of a church. He stated that there would be fewer cars going through there now than if it was an egress for a church. Mr. Darren Knoepke, of 4407 6th Street NW, Rochester MN, addressed the Commission again. He asked if Ms. Petersson was in charge of the Commission. He expressed concern with Ms. Petersson not seeing the cul-de-sacs in the previous plan and being against the already constructed cul-de-sac because fire trucks wouldn't be able to turn around. Ms. Petersson clarified that she did not state that they could not turn around, but that they would have difficulty. Mr. Knoepke explained that cul-de-sacs are made a certain size to accommodate such equipment. He stated that he was very angry that the Commission does not care about their cul-de-sac. Mr. Harvey Ratzloff, of 4402 6th Street NW, Rochester MN, addressed the Commission. He stated that he was present to represent Forbrook-Bigelow. He stated that he wasn't planning on speaking before the Commission because he came to the Commission in August and told them that he felt they had the best plan for the neighborhood. He explained that one of the reasons the two cul-de-sacs abutted up to each other was because there is a difference in elevation. He explained that the two single-family lots on the end would buffer the project from those that live on 6`h Street. He explained that they did not have another neighborhood meeting because the objections the neighbors had were met with the new proposal. This included single-family R-1 zoning instead of townhomes and additional traffic to 7'h Street. He stated that there was a petition that was signed by approximately 60 people. Of the 60 people, there are about 50 that did not belong on 6th Street. The people on 6'h Street are affected. He stated that the people on 7'h Street asked them to eliminate a lot of the traffic, which they did. He stated that the people on 5th Street were concerned about water coming into their homes. By taking off the top of the hill and making the through street, they will be bringing a lot of the water down 6'h Street. He stated that there are 8 homes less than the previous project. Mr. Ratzloff explained that the developer did not create the proposal before the Commission in spite. He explained that he wanted to appeal the decision to deny the previous plan as he felt it was the best plan for the neighborhood. However, they did not appeal the decision due to the neighborhood's concerns. Mr. Robert Kostinec, of 4335 6th Street NW, Rochester MN, addressed the Commission again. He stated that the developer may have met the concerns expressed with the previous plan, but the through street connection wasn't discussed before. Ms. Petersson explained that it was a concern for those that signed the petition regarding traffic concerns. With no one else wishing to be heard, Ms. Petersson closed the public hearing. Mr. Quinn asked if two separate motions would need to be made. Mr. Svenby responded that it would be best to make two motions. Page 9 City Planning and Zoning Comnussion Minutes Hearing Date: October 24, 2001 Ms. Rivas and Mr. Ohly stated that they would abstain from the vote. The"motion"carned'.CrO"ariith Ms Rtv "rT d -,M6 fJhi ;abstamm "„ Page 10 City Planning and Zoning Commission Minutes Hearing Date: October 24, 2001 Mr. Jeff Ellerbusch p sented the staff report, dated October 18, 2001, t e Commission. The staff report is on file at N Rochester -Olmsted Planning Department. Ms. Rivas asked if the amenVagrwi he general development pl was to lock in the location of the roadways. Mr. Ellerbusch responded ye Discussion ensued regardinor sitions of ro ways. The applicant's representatiHende n of ammel, Green and Abrahamson, Inc. located at 202 151 Avenue Sed the Co lssion. He stated that Mark Nelson was present from United Propertipment Co tant) to answer any questions the Commission may have. He they agr wi the staff recommendation. With no one else wishing to be heard, MsAetersson Nosed the public hearing. Page 2 �bq RCA November 14. 2001 ttachments: Staff Report dated October 18, 2001. 2. Minutes of October 24, 2001 CPZC Meeting Distribution: 1. City Clerk 2. City Administrator 3. City Attorney 4. Planning Department File 5. Applicant: This item will be considered some time after 7:00 p.m. on Monday, November 19, 2001 in the Council / Board Chambers in the Government Center at 151 4th Street SE. 6. McGhie & Betts REQUEST FOR COUNCIL ACTION MEETING '`) DATE: 11-19-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING E — :M DESCRIPTION: Preliminary Plat #01-28 by Forbrook-Bigelow, to be known as Manor PREPARED BY: cods West Central Subdivision. The plat proposes to subdivide approximately 7.51 acres Theresa Fogarty, of land into 29 lots for single family development and also dedicates the right-of-way for 7th Planner Street NW and the continuation of 6th Street NW to 7th Street NW. The property is located east of Manor Park Drive NW, west of 61h Street NW and south of 7th Street NW. November 14, 2001 City Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission held a public hearing on October 24, 2001 to consider this preliminary plat Mr. Tony Bigelow, representing Forbrook-Bigelow Development addressed the Commission. He stated that they were in agreement with staff -recommended conditions. Mr. Bigelow also explained that having 6'h Street as a through roadway would help with traffic congestion. The Planning Commission found that this preliminary plat will conform with the applicable criteria with the following conditions or modifications: 1. The Final Plat shall include a. Controlled access along the entire 7th Street frontage of Lot 1 Block 2, Lot 8, Block 1 and Within 35 feet of the ROW intersection of 6th Street NW and 7 L Street NW. b. A revised roadway name for 6ih Street NW, to be approved by the Planning Department Addressing staff. 2. Storm Water Management must be provided for this development. A Voluntary Storm Water Management fee will apply to any areas of this subdivision that, when graded, do not drain to an approved private detention facility. 3. Parkland dedication for this subdivision shall be met via cash in lieu of land, per the October 3, 2001 memorandum from the Rochester Park and Recreation Department. 4. Prior to Final Plat submittal, the applicant shall enter into a Development Agreement with the City that outlines the obligations of the applicant, relating to, but not limited to, stormwater management, pedestrian facilities, right-of-way dedication and contributions for public infrastructure needed to serve this property. 5. Lots with direst access to 7h Street NW shall have shared driveways, meeting the access spacing standards to the Rochester Zoning Ordinance and Land Development Manual. Mr. Staver moved to recommend approval of Preliminary Plat #01-28 by Forbrook-Bigelow Development, to be known as Manor Woods West Central Subdivision with staff recommended conditions. Mr. Quinn seconded the motion. The motion carried 7-0, with Mr. Only abstaining. Planning Department Recommendation: See attached staff report dated October 18, 200�1. +J a Q COUNCIL ACTION: Mobonbv: secondbv: to: Page 2 RCA November 14, 2001 U-! Council Action Needed: 1. The Council may approve, approve with conditions,, or deny the land subdivision permit. The Council must make findings of fact based on the criteria included in the staff report. A motion to deny must include supporting reasons for a conclusion that at least one of the fifteen findings for denial in paragraph 61.225 can be made. Attachments: 1. Staff Report, dated October 18, 2001. 2. Minutes of the October 24, 2001 CPZC Meeting. Distribution: 1. City Administrator 2. City Clerk 3. City Attorney 4. Planning Department File 5. Planning Department, GIS Division 6. Applicant: This item will be considered sometime after 7:00 p.m Chambers at the Rochester / Olmsted County Government Center. 7. McGhie & Betts on Monday, November 19, 2001, in the Coi i as m` a pk "s i�t if� 9 3 ULM 2 ROCHESTER-OLMSTED PLANNING DEPAKIMENT �.vocxFsreR.Af`�1F 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 Cow„„TTYY�OF www.olmstedcounty.com/planning ��'., •:�� 7[fLLGN� Ok • •• `; Rq rED:A UGUST'" TO: City Planning and Zoning Commission FROM: Theresa Fogarty, Planner DATE: October 18, 2001 RE: Preliminary Plat #01-28 by Forbrook-Bigelow, to be known as Manor Woods West Central Subdivision. The plat proposes to subdivide approximately 7.51 acres of land into 29 lots for single family residential development and also dedicates the right-of-way for 7t Street NW and the continuation of 6th Street NW to 7th Street NW. The property is located east of Manor Park Drive NW, west of 6th Street NW and south of 7th Street NW. Plannino Department Review: Applicant/Owner: Forbrook-Bigelow Development 706 County Rd. 3 NW Byron, MN 55920 Surveyors/Engineers: McGhie & Betts, Inc. 1648 3rd Avenue SE Rochester. MN 55904 Referral Comments: 1 2 3 4 5 Report Attachments: 1 2 3 4 Development Review: Rochester Department of Public Works Rochester Park & Rec. Dept. Planning Department Addressing Rochester Public Utilities — Water Division Olmsted County Environmental Services Land Development Manual Excerpts Referral Comments (5 letters) Location Map Copy of Preliminary Plat Location of Property: The property is located east of Manor Park Drive NW, west of 61h Street NW and south of 71h Street NW. Zoning: The property is zoned R-1 (Mixed Single Family) district. BUILDING CODE 507/285-8213 • GIS/ADDRESSING/MAPPING 507/285-8232 - HOUSING/HRA 507/285-8224 Ewa, PLANNING2ONING 507/285-8232 - WELL/SEPTIC 507/285-8345 FAX 507/287-2275 �., AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 October 18, 2001 C-- . ri Proposed Development: The plat proposes to subdivide approximately 7.51 acres of land into 29 lots for single family residential development. Roadways: The plat proposes to dedicate right-of-way for 7'h Street NW and the continuation of 61h Street NW to 71h Street NW. The roadway configuration does not fit the roadway type for a street. The naming of the roadway will need to be coordinated with Planning Department addressing staff. Utilities: Since 7th St. is a "collector' road, access spacing standards will require shared driveways for the lots with direct access to 71h St. In addition, the final plat will need to include dedication of controlled access along the entire 71h Street NW frontage of Lot 1, Block 2, Lot 8, Block 1 and within 35 feet of the ROW intersection of 61h street NW and 71h Street NW. Utilities will be extended from 71h St. and also from Manor Woods West Ninth Subdivision. Sidewalks: In accordance with current City policy, sidewalk is required along the both sides of the roadways within the Plat and along the entire frontage of 7`h Street NW, concurrent with the development of this plat. Drainage: This property generally drains to the east. A Voluntary Storm Water Management fee will apply to any areas of this subdivision that, when graded, do not drain to an approved private detention facility. Wetlands: A Wetland delineation and replacement plan for wetlands along 71h St. NW, adjacent to this property, was approved in 1998. Spillover Parking: The spillover parking requirements for this development would be approximately 35 parking spaces. Lots with direct access to 71h St. NW shall have shared driveways, meeting the access spacing standards of the Rochester Zoning Ordinance and Land Development Manual. Parkland Dedication: The Rochester Park and Recreation Department recommends that Parkland Dedication requirements for this development need to be satisfied via cash dedication in lieu of land. Page 3 October 18, 2001 General Development Plan: This property is included in the Manor Woods West General Development Plan. The original GDP identified this property being developed with a church. An amendment to the GDP is being considered concurrent with this preliminary plat. Staff Review and Recommendation: The Planning staff has reviewed this preliminary plat request under the provisions of LDM Sections 61.225 (effective 5/15/199). Staff recommends the following modifications or conditions: 1. The Final Plat shall include • Controlled access along the entire a Street frontage of Lot 1, Block 2, Lot 8, Block 1 and within 35 feet of the ROW intersection of a street NW and 7"h Street NW. • A revised roadway name for 6 h Street NW, to be approved by the Planning Department Addressing staff. 2. Storm Wafer Management must be provided for this development. A Voluntary Storm Water Management fee will apply to any areas of this subdivision that, when graded, do not drain to an approved private detention facility. 3. Parkland dedication for this subdivision shall be met via cash in lieu of land, per the October 3, 2001 memorandum from Rochester Park and Recreation. 4. Prior to Final Plat submittal, the applicant shall enter into a Development Agreement with the City that outlines the obligations of the applicant, relating to, but not limited to, stormwater management, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure needed to serve this property. 5. Lots with direct access to 7fb St. NW shall have shared driveways, meeting the access spacing standards of the Rochester Zoning Ordinance and Land Development Manual. REMINDER TO APPLICANT: • Prior to development, the property owner will need to execute a City Owner Contract for construction of the public roadways and utilities. • Approved grading, drainage and construction plans and an executed Development Agreement will need to be submitted with the final plat application if the applicant intends to record the final plat documents prior to completion of infrastructure improvements and acceptance of improvements by the City. Page 4 October 18, 2001 CITY OF ROCHESTER ZONING ORDINANCE AND LAND DEVELOPMENT MANUAL EXCERPTS 61.225 Finding for Land Subdivision: The Zoning Administrator, Commission or Council shall approve a development permit authorizing a land subdivision if all of the following findings with respect to the proposed development are made: A. The proposed land subdivision conforms to all relevant requirements of this ordinance and variances have been granted to permit any nonconformance. B. That the proposed water system and sanitary sewer system are adequate to serve the normal and fire protection demands of proposed development and to provide for the efficient and timely extension to serve future development. C. That the plan for soil erosion and stormwater management meets the adopted standards of the City of Rochester and is consistent with the adopted Stormwater Management Plan or adopted drainage or stormwater policies. D. That the vehicular and non -motorized system is consistent with adopted transportation plans and is consistent with the street layout standards listed in Section 64.120 and traffic service standards in Section 61.526. E. That the lot and block layout provide for safe and convenient vehicular, service and emergency access, efficient utility service connections, and adequate buildable area in each lot for planned uses. F. That the proposed land subdivision has taken into account the current 6-Year and other Long -Range Capital Improvements Programs and the elements listed therein in the design of the subdivision. G. That the proposed subdivision, if in a resident zoning district, -addresses the need for spillover parking consistent with the requirements of Section 63.426. H. That right-of-ways and easements of adequate size and dimensions are -provided for the purpose of constructing the street, utility, and drainage facilities needed to serve the development. I. That the proposed parks, trail thoroughfares and open space dedications are consistent with adopted plans, policies and regulations. J. That the proposed subdivision will not have off -site impacts on the street, drainage, water or wastewater systems that exceed adopted standards. K. That the proposed subdivision will not have adverse impacts on the safety or viability of permitted uses on adjacent properties. L. That the proposed land subdivision is designed in such a manner as to allow for continued development in an efficient manner on adjacent undeveloped lands. Effective May 15, 1999 Page 5 October 18, 2001 a1� M. That the soils, topography and water tables have been adequately studied to ensure that all lots are developable for their designated purposes. N. That the proposed land subdivision is consistent with the standards of the City's adopted Comprehensive Plan. O. That any land located within Zone A as shown as on the currently adopted Flood Boundary and Floodway Maps of the Flood Insurance Study, Rochester, Minnesota prepared by the Federal Emergency Management Agency, is -determined to be suitable for its intended use and that the proposed subdivision adequately mitigates the risks of flooding, inadequate drainage, soil and rock formations with severe limitation for development, severe erosion potential or any other floodplain related risks to the health, safety or welfare of the future residents of the proposed subdivision in a manner consistent with this ordinance. 61.226 Conditions on Approvals: In considering an application for development permit to allow a land subdivision, the approving body shall consider and may impose modification or conditions to the extent that such modifications or conditions are necessary to insure compliance with the criteria of Section 61.225. Effective May 15, 1999 ROCHESl'EK Minnesota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DATE: 10/11/01 DEPARTMENT OF PUBLIC WORKS 201 4' Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX - 507-281-6216 The Department of Public Works has reviewed the application for the REVISED Preliminary Plat #01- 28 on the Manor Woods West Central Subdivision property. The following are Public Works comments on the original request from 7/27/0. Previous comments that are no longer applicable, or have been addressed are indicated with while new comments are indicated in BOLD: 1. Approval of Grading and Drainage Plans is required for this development, prior to Final Plat submittal. 2. Prior to Final Plat submittal, the applicant shall enter into a Development Agreement with the City that outlines the obligations of the applicant relating to, but not limited to, stormwater management, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure needed to serve this property. 3. Storm Water Management must be provided for this development. A Voluntary Stormwater Management Fee will apply to any areas of this subdivision that, when graded, do not drain to an approved private detention facility. ... 4. Construction of eerieFete sideway ,.L..... the 7"gt wm�ffiage .is ineluded in the adeptea assessments for j9363. The Developer is required to construct concrete sidewalk along the entire frontage of both sides of West GeettF_l r ., nxr and the fientage __ 6" St 1'RFabuttiag Lots 17 ° 19, Bleekz1 , and the entire frontage of 7" St NW, concurrent with development of this subdivision. 5. A City / Owner Contract must be executed prior to development of this property to address the construction of all public infrastructure and utilities to serve this subdivision. 6. Preliminary Construction Plan comments will be provided separately to the Developer's Engineer. 7. Controlled Access to 7" St NW is required along the entire frontages of Lot 1, Block 2, and Lot 8, Block 1, and within 35 feet of the ROW intersection of 6'" St NW and 7'" ST NW. The following charges/fees are applicable for the development of the property: .• Trunkline Sanitary Sewer J8619 @ $665.1598 per acre plus Interest @ 7.0% from 6/25/80 (10yr max) = $1,130.77 per acre. CCM Water Tower J8251 @ $900.88 per acre plus Interest @ 7.0% from 7/2/79 (10 yr max) = $1,531.50 �er acre S• Charges for J9363 7 St NW Reconstruction d prineipal xoc 687 21) Stormwater Management, TBD - if on -site detention is not provided. First Seal Coat Contribution Traffic Signs as determined by the City of Rochester Traffic Division: 2 Street Name Signs 1 Stop Sign 1 Street -Ends Sig u C:VWINN11Profles\plabsven\Temporary Internet Files\OLK93\PP01-28 Manor Woods West Central Subdivision REVISED Request 10-01.doc ROCHESTER PARK AND I CREATION DEPARTMENT 201 FOURTH STREET SE �� ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: October 3, 2001 TO: Jennifer Garness Planning RE: Manor Woods West Central Preliminary Plat #01-28 Acreageof plat.......................................................... Number of dwelling units ............................................. Dwelling unit density ................................................... Density factor............................................................ Dedication............................................................... Fair market value of land, ................ ................ ......... 7.51 a 29 units 3.86 units/a .0244 .71 acres $12,500 / a The Park and Recreation Department recommends that dedication requirements be met via: Cash in lieu of land with payment due prior to recordation of plat. 0:\DST0TZ\2001\1)EDICATI0N\NW 2898\MANORWOOD W CEN.DCCO:\DSTOTZ\2001\DEDICATION\NW 2898\MANORWOOD W CEN.DOC Rochester -Olmsted Planning Department GIS/Addressing Division 2122 Campus Drive SE Rochester, MN 55904-4744 Phone: (507)285-8232 Fax: (507)287-2275 PLAT REFERRAL RESPONSE DATE: October 12, 2001 TO: Jennifer Garness FROM: Planning Dept. Addressing Staff CC: RE: MANOR WOODS WEST CENTRAL (RESUBMITTED) PRELIMINARY PLAT A review of the preliminary plat has turned up the following ADDRESS and ROADWAY related issues. The roadway as illustrated would have Sixth Street NW intersecting with Seventh Street NW. A Street intersecting a street is not permissible. 2. The new roadway configuration does not fit the roadway type for a street. 3. If the roadway is to be designated with a name, the entire length of roadway back to 43 Avenue NW would need to be changed. This would require an RCA for that portion of roadway already in existence, and 14 residences changing their address. RECOMMENDATION: If this roadway design is approved, the naming of the roadway will need coordination with our staff, and an RCA will need to be done changing that part of Sixth Street NW that already exists. (1,P VC) R'_IPMPORARP IDICRNCC'r l'ILC``'OAF:AU_'3dviAKOH'vFp(iDtiN'FS'C(.]:;NTRALCLr>r �F3N]!'I'itnUi'I'.i)UC rpu _. we pledge, we deliver October 3, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Resubmitted Preliminary Plat 901-28 by Forbrook-Bigelow Development to be known as Manor Woods West Central Subdivision. Dear Ms. Garness: Our review of the referenced preliminary plat is complete and our comments follow: 1. Minor revisions to the proposed water system layout are required. We have provided the applicant's engineering firm with these comments. Please contact us at 507-280-1600 if you have questions. Very truly yours, "OA p - Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Bureau Forbrook-Bigelow Development McGhie & Betts, Inc. Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 Date: October 10, 2001 To: Jennifer Garness, Rochester -Olmsted Planning Department From: Khalid Mubarak, Olmsted County Environmental Services Re: Resubmitted Preliminary Plat #01-28 by Forbrook-Bigelow Devlp. Known as ( Manor Woods West Central Subdivision) Plan Review The Decorah Edge Groundwater Recharge Area (see diagram below) seems to be present within most of the subdivision area. This assessment is based on information derived from the Olmsted County Geological Atlas, construction logs from nearby wells and bedrock mapping using ArcView coverages of the two -foot contour lines. The Decorah shale is mapped at 1140 to 1099 feet in elevation and the underlying Glenwood shale at 1073 to 1068 feet in elevation (see attached map). More accurate bedrock elevations may be available from borings completed on of - near the site. In this hydrogeologic setting, water discharges from the upper aquifer through soils overlying the Decorah shale before recharging the underlying aquifer. Developments in this setting have the potential to interrupt these groundwater recharge processes and associated high water tables may create structural problems. General development recommendations for the Decorah Edge setting should be considered for this site. Cummingovllle-Decorah Groundwater Recharge Management Area Area where groundwater may be now enough to the land surface to be taken up by plants Llmasorno CumminTo gsrille �'"'• Mr m Limestone & Shale Platteville Limestone, St. Peter Sandstone Prairie du Chien Limestone Decorah Edge Recharge Aren Area where the Galena aquifer recharges the St Petw4lrairle du Chien 8 Jordon aquiters Colluvium/ aa� General Development Recommendations for the Decorah Edge Groundwater Recharge Area 1. Require the delineation of wetlands and high water table conditions using a First Omer Soil Survey or the multi -spectral `wetness' maps. 2. Retain the vegetation and existing soils on the site. Limit the extent of grading that can occur where the Decorah shale is the first encountered bedrock. The blue and green areas on the multi -spectral maps indicate near surface water conditions. It is important to keep the existing soils and vegetation in place in order to protect the groundwater recharge regime. If areas do become disturbed, encourage the planting of appropriate native vegetation. 3. Preserve the unique hydric features (springs, seeps, and wetlands) of the site. Incorporate these featues into common or public open space, linear parks and/or trailways. . 4. Require vertical and lateral setbacks to minimize the disruption of groundwater recharge. Where the Decorah shale is the first encountered bedrock, maintain a one -foot vertical setback for structures to the seasonal high water table. In head and side slope areas, development on the Decorah shale should be avoided and a 75-foot lateral setback should be maintained above the Cummingsville- Decorah contact and below the Decorah -Platteville contact. 5. In areas where the Decorah shale does become disturbed, require that the intercepted recharge water be reinfiltrated to minimize disruption of the recharge process. Reinfiltration should mimic natural recharge processes where feasible. 6. Require Gay plugs to be installed in utility trenches as a means of maintaining dispersed groundwater recharge flows. Trenches may inadvertently serve as subdrainage channels. MEETING REQUEST FOR COUNCIL ACTION DATE 11-19-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING — G :M DESCRIPTION: Preliminary Plat #01-29 by Forbrook-Bigelow Development, to be PREPARED BY: known as Manor Woods North First Subdivision. The plat proposes to subdivide Brent Svenby, approximately 12.60 acres of land into 31 lots for single family residential development and Planner 1 outlot. The plat also proposes to dedicate right-of-way for 7`h Street NW and one new roadway ending in a cul-de-sac from 71h Street NW. The property is located west of Manor Ridge Drive NW, south of 7'h St. NW and east of the Somerset Hills Subdivision. November 13, 2001 CitV Planninq and Zoning Commission Recommendation: The City Planning and Zoning Commission held a public hearing on October 24, 2001 to consider this preliminary plat to allow for 31 lots for residential development. Tony Bigelow, on behalf of Forbrook-Bigelow Development, addressed the Commission and stated that they were in agreement with the conditions. The Planning Commission found that this preliminary plat conforms to the criteria listed in the Land Development Manual and recommends approval of this preliminary plat with the following modifications or conditions: 1. The Final Plat shall include: • Controlled access along the entire 7eh Street frontage of Lots 1 and 26, and also along the cul-de-sac road frontage of Lots 1 and 26, Block 2 for a distance of 35 feet from the 7`h St. right-of-way; • A revised roadway name, to be approved by the Planning Department Addressing staff. Storm Water Management must be provided for this development. A Voluntary Storm Water Management fee will apply to any areas of this subdivision that, when graded, do not drain to an approved private detention facility. 3. Parkland dedication for this subdivision shall be met via cash in lieu of land, per the October 3, 2001 memorandum from Rochester Park and Recreation. 4. Prior to Final Plat submittal, the applicant shall enter in to a Development Agreement with the City that outlines the obligations of the applicant relating to, but not limited to, stormwater management, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure needed to serve this property. 5. The applicant shall execute a Contribution Agreement with the City, prior to the submittal of the Final Plat, which addresses the Owner's obligation regarding the 7� Street reconstruction project J9594. 6. If Outlot A is intended to be privately owned, the applicant shall execute an Ownership and Long Term Maintenance agreement with the City prior to the recording of the final plat documents. 7. Lots with direct access to 7 h St NW shall have shared driveways, meeting the access spacing standards of the Rochester Zoning Ordinance and Land Development Manual. Mr. Burke moved to recommend approval of Preliminary Plat #01-29 by Forbrook-Bigelow to be known as Manor Woods North First Subdivision with staff -recommended conditions and findings. Mr. Staver seconded the motion. The motion carries 7-0, with Ms. Rivas abstaining. IL Council Action Needed: WVV 1) The Council may approve, approve with conditions, or deny the land subdivision permit. The Council must make findings of fact based on the criteria included in the staff report. A motion to deny must include supporting reasons for a conclusion that at least one of the fifteen findings for denial in Paragraph 61.225 can be made. COUNCIL ACTION: Motion by: second by: to: z o "e6>5e,Zug n ma a�°e 'e G. °. •°.6E ^. m_e a:Y'� ° R. �. ro. �O�pC J3gE $o'•"�.^n",a iiO "?i aC•-" p HG ...m8on °�mmS�mg g z " �mn n 'ee rr- Gib 3 �Sm 4m�NN6ax °a 6e 09 p.�gYy zB �m "G gn: ceyy i9;,;' 6 m gG DAMOvo axE ^Eun, 5S t fills HIS � x d$j i�JJ`` is 1`t TO: FROM: Ro HESTER-OLMSTED PLANNING DEPAniMENT 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 CCU„Ty OF www.olmstedcounty.com/planning City Planning and Zoning Commission Brent Svenby, Planner DATE: October 18, 2001 �.u� rni►f piofli:fl RE: Preliminary Plat #01-29 by Forbrook-Bigelow Development, to be known as Manor Woods North First Subdivision. The plat proposes to subdivide approximately 12.60 acres of land into 31 lots for single family residential development and 1 outlot. The plat also proposes to dedicate right-of-way for 7rh Street NW and one new roadway ending in a cul-de-sac from 7th Street NW. The property is located west of Manor Ridge Drive NW, south of 7rh St. NW and east of the Somerset Hills Subdivision. Planning Department Review: Applicant/Owner: Surveyors/Engineers: Forbrook-Bigelow Development 706 County Rd. 3 NW Byron, MN 55920 McGhie & Betts, Inc. 1648 3rd Avenue SE Rochester, MN 55904 Referral Comments: 1. Rochester Department of Public Works 2. Rochester Park & Rec. Dept. 3. Planning Dept. - Wetlands LGU 4. Planning Dept. - Addressing 5. RPU Water Division 6. RPU Operations Division Report Attachments: 1. Land Development Manual Excerpts 2. Referral Comments (4 Letters) 3. Copy of Preliminary Plat Development Review: Location of Property: The property is located west of Manor Ridge Drive NW, south of 7`h St. NW and east of the Somerset Hills Subdivision. Zoning: The property is zoned R-1 (Mixed Single Family) BUILDING CODE 507/285-8213 - GIS/ADDRESSING/MAPPING 507/285-8232 - HOUSING/HRA 507/285-8224 -r PLANNING20NING 507/285-8232 - WELUSEPTIC 507/285-8345 T�L FAX 507/287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 October 18, 2001 district on the City of Rochester Zoning Map. Proposed Development: The plat proposes to subdivide approximately 12.60 acres of land into 31 lots for single family residential development and 1 outlot. Streets: The plat proposes a new public roadway from 7" St. NW that would be a cul-de-sac to serve a majority of the lots. Five lots are proposed to have their only frontage along 71h St., which would provide them with access. Since 7th St. is a "collector' road, access spacing standards will require shared driveways for the lots with direct access to 71h St. In addition, the final plat will need to include dedication of controlled access along the 71h St. frontage of Lots 1 and 26 and also along the cul-de-sac roadway, adjacent to Lots 1 and 26, a distance of 35' from the 71h St. right-of-way. The second roadway named ,501h Lane NW " is designed with 50' right-of-way and a 51' cul-de-sac radius. This roadway extends south from 71h Street NW. The proposed name of the roadway will need to be changed to a named roadway. Utilities: Utilities will be extended from 71h St. and also from Manor Woods West Tenth Subdivision. Sidewalks: In accordance with current City policy, sidewalk is required along the both sides of the roadways within the Plat. Drainage: This property generally drains to the west. A Voluntary Storm Water Management fee will apply to any areas of this subdivision that, when graded, do not drain to an approved private detention facility. Wetlands: The Soil Survey and National Wetland Indicator maps were reviewed for the presence of wetlands. There do not appear to be hydric soils within this plat. Spillover Parking: As per Section 63.426 of the LDM, all residential development must provide spillover parking for service vehicles and visitors. This development requires 37 spillover parking stalls. It appears as though the additional parking can be accommodated on the roadways and most likely within private driveways, as well. Parkland Dedication: The Rochester Park and Recreation Department recommends that parkland dedication requirements for this development be satisfied via cash dedication in lieu of land. Page 3 October 16, 2001 General Development Plan: This property is included in the Manor Woods West General Development Plan. An amendment to the GDP was recently approved which is consistent with the proposed plat. Staff Review and Recommendation: The Planning staff has reviewed this preliminary plat request under the provisions of LDM Sections 61.225 (effective 5/15/199). Staff recommends the following modifications or conditions: 1. The Final Plat shall include: • Controlled access along the entire 7" Street frontage of Lots 1 and 26, and also along the cul-de-sac road frontage of Lots 1 and 26, Block 2 for a distance of 35 feet from the 7tb St. right-of-way; • A revised roadway name, to be approved by the Planning Department Addressing staff. 2. Storm Water Management must be provided for this development A Voluntary Storm Water Management fee will apply to any areas of this subdivision that, when graded, do not drain to an approved private detention facility. 3. Parkland dedication for this subdivision shall be met via cash in lieu of land, per the October 3, 2001 memorandum from Rochester Park and Recreation. 4. Prior to Final Plat submittal, the applicant shall enter Into a Development Agreement with the City that outlines the obligations of the applicant, relating to, but not limited to, stormwater management pedestrian facilities, right-of-way dedication, and contributions for public infrastructure needed to serve this property. 5. The applicant shall execute a Contribution Agreement with the Clty� prior to the submittal of the Final Plat, which addresses the Owner's obligation regarding the 7` Street reconstruction project J9594. 6. If Outlot A is intended to be privately owned, the applicant shall execute an Ownership and Long Term Maintenance agreement with the City prior to the recording of the final plat documents. 7. Lots with direct access to 7" St. NW shall have shared driveways, meeting the access spacing standards of the Rochester Zoning Ordinance and Land Development Manual. REMINDER TO APPLICANT: • Prior to development, the property owner will need to execute a City Owner Contract for construction of the public roadways and utilities. • Approved grading, drainage and construction plans and an executed Development Agreement will need to be submitted with the final plat application if the applicant intends to record the final plat documents prior to completion of infrastructure improvements and acceptance of improvements by the City. Page 4 October 18, 2001 CITY OF ROCHESTER ZONING ORDINANCE AND LAND DEVELOPMENT MANUAL EXCERPTS 61.225 Finding for Land Subdivision: The Zoning Administrator, Commission or Council shall approve a development permit authorizing a land subdivision if all of the following findings with respect to the proposed development are made: A. The proposed land subdivision conforms to all relevant requirements of this ordinance and variances have been granted to permit any nonconformance. B. That the proposed water system and sanitary sewer system are adequate to serve the normal and fire protection demands of proposed development and to provide for the efficient and timely extension to serve future development. C. That the plan for soil erosion and stormwater management meets the adopted standards of the City of Rochester and is consistent with the adopted Stormwater Management Plan or adopted drainage or stormwater policies. D. That the vehicular and non -motorized system is consistent with adopted transportation plans and is consistent with the street layout standards listed in Section 64.120 and traffic service standards in Section 61.526. E. That the lot and block layout provide for safe and convenient vehicular, service and emergency access, efficient utility service connections, and adequate buildable area in each lot for planned uses. F. That the proposed land subdivision has taken into account the current 6-Year and other Long -Range Capital Improvements Programs and the elements listed therein in the design of the subdivision. G. That the proposed subdivision, if in a resident zoning district, -addresses the need for spillover parking consistent with the requirements of Section 63.426. H. That right-of-ways and easements of adequate size and dimensions are -provided for the purpose of constructing the street, utility, and drainage facilities needed to serve the development. I. That the proposed parks, trail thoroughfares and open space dedications are consistent with adopted plans, policies and regulations. J. That the proposed subdivision will not have off -site impacts on the street, drainage, water or wastewater systems that exceed adopted standards. K. That the proposed subdivision will not have adverse impacts on the safety or viability of permitted uses on adjacent properties. L. That the proposed land subdivision is designed in such a manner as to allow for continued development in an efficient manner on adjacent undeveloped lands. Page 5 October 16, 2001 C�33 M. That the soils, topography and water tables have been adequately studied to ensure that all lots are developable for their designated purposes. N. That the proposed land subdivision is consistent with the standards of the City's adopted Comprehensive Plan. O. That any land located within Zone A as shown as on the currently adopted Flood Boundary and Floodway Maps of the Flood Insurance Study, Rochester, Minnesota prepared by the Federal Emergency Management Agency, is -determined to be suitable for its intended use and that the proposed subdivision adequately mitigates the risks of flooding, inadequate drainage, soil and rock formations with severe limitation for development, severe erosion potential or any other floodplain related risks to the health, safety or welfare of the future residents of the proposed subdivision in a manner consistent with this ordinance. 61.226 Conditions on Approvals: In considering an application for development permit to allow a land subdivision, the approving body shall consider and may impose modification or conditions to the extent that such modifications or conditions are necessary to insure compliance with the criteria of Section 61.225. Effective May 15, 1999 ROCHESTER Minnesota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DATE: 10/11/01 DEPARTMENT OF PUBLIC WORKS 201 40 Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the application for the REVISED Preliminary Plat #01-29,on the Manor Woods North First property. The following are Public Works comments on the proposal from 7/27/01. Previous comments that are no longer applicable, or have been addressed are indicated with while new comments are indicated in BOLD: 1. Approval of Grading and Drainage Plans is required for this development, prior to Final Plat submittal. 2. A Contribution Agreement has been prepared to address the Owner's obligation regarding the 7`h St NW street reconstruction project J9594. The Owner is required to execute the Contribution prior to Final Plat submittal. 3. Prior to Final Plat submittal, the applicant shall enter into a Development Agreement with the City that outlines the obligations of the applicant relating to, but not limited to, the required contribution for 7th St NW Reconstruction, stormwater management, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure needed to serve this property. 4. Storm Water Management must be provided for this development. A Voluntary Stormwater Management Fee will apply to any areas of this subdivision that, when graded, do not drain to an approved private detention facility. 5. Construction of concrete sidewalk along the 7`h St NW frontage was not included in the 7 h St NW reconstruction project for J9594. The Developer is required to construct concrete sidewalk along the entire frontages of both sides of ^'� 50`h Ln NW, within this Subdivision—,H+&hKk*g4he n.,.,.tages a fOtatlet. 'B' & 'n' as well as, concrete sidewalk along the south side of 7`' St NW. ' 6. Long term maintenance and ownership of Outlots 'A', `B', and 'C', needs to be addressed. 7. A City / Owner Contract must be executed prior to development of this property to address the construction of all public infrastructure and utilities to serve this subdivision C:\WINDOWS%Temporary Internet Files\OLKB0221PP01-29 Manor Woods North First REVISED Request 10.01.doc ROCHESTER Minnesota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DEPARTMENT OF PUBLIC WORKS 201 4" Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 8. Preliminary Construction Plan comments will be provided separately to the Developer's Engineer. 9. The Owner shall execute an Ownership & Long Term Maintenance agreement for the Outlets. Outlot A, if it is intended to remain privately owned. 4-G; Controlled access is required on the Final Plat along the frontage of 71h St NW for Lets 1, 2, 3 r. 9, BlFiek 1 Lot 1 & 26, Block 2, and within 35 feet of the ROW intersection of 7" ST NW & 50" Ln NW. The following charges/fees are applicable for the development of the property: Trunkline Sanitary Sewer J8619 @ $665.1598 per acre plus Interest @ 7.0% from 6/25/80 (10yr max) = $1,130.77 per acre. CCM Water Tower J8251 @ $900.88 per acre plus Interest @ 7.0% from 7/2/79 (10 yr max) = $1,531.50 per acre Charges for J9594 7th St NW Reconstruction (estimated principal $72,234.19) Stormwater Management, TBD — if on -site detention is not provided. First Seal Coat Contribution Traffic Signs as determined by the City of Rochester Traffic Division: 2-6-Street name Signs 2 1 Stop Signs 1 Street Ends Sign C:IWINDOWS%Temporary Internet Files\01_KB022\PP01-29 Manor Woods North First REVISED Request 10-01.doc ROCHESTER PARK AND 3REATION DEPARTMENT 201 FOURTH STREET SE ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: October 3, 2001 TO: Jennifer Garness Planning RE: Manor Woods North First Preliminary Plat #01-29 Acreage of plat.......................................................... Number of dwelling units ............................................. Dwelling unit density ................................................... Densityfactor............................................................ Dedication............................................................... Fair market value of land ............................................. 12.60 a 31 units 2.46 units/a .0244 .76 acres $12,500 / a The Park and Recreation Department recommends that dedication requirements be met via: Cash in lieu of land with payment due prior to recordation of plat. 0:\DSTOTZ\2001\DEDICATI0N\NW 2898\MANORWOOD N IST.DOC rue pledge, we deliver October 3, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Resubmitted Preliminary Plat #01-29 by Forbrook-Bigelow Development to be known as Manor Woods North First. Dear Ms. Gayness: Our review of the referenced preliminary plat is complete and our comments follow: 1. If Outlot A requires water service a water main and or service extension with easements may be required to provide an adequate water supply. 2. Minor revisions to the proposed water system layout are required. We have provided the applicant's engineering firm with these comments. Please contact us at 507-280-1600 if you have questions. Very truly yours, P ,.'J "-04WA �)`�10'� Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Bureau Forbrook-Bigelow Development McGhie & Betts, Inc. Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 Rochester -Olmsted Planning Department GIS/Addressing Division 2122 Campus Drive SE Rochester, MN 55904-4744 Phone: (507)285-8232 Fax: (507)287-2275 PLAT REFERRAL RESPONSE DATE: October 12. 2001 TO: Jennifer Garness FROM: Planning Dept. Addressing Staff CC: RE: MANOR WOODS NORTH FIRST (RESUBMITTED) PRELIMINARY PLAT # 01-29 A review of the preliminary plat has turned up the following ADDRESS and ROADWAY related issues. 1. 50 LANE NW should be a named roadway. RECOMMENDATION: Name the roadway, and keep the roadway type and directional of LANE NW. (['IIM11OR, R\ INIIRNI I !11LSOLKN)2?,AiANORwPOD�M)RTI] I IRSIRCtiI'13PI'.I:)U:' Page 4 City Planning and Zoning Corn,....,., ion Minutes Hearing Date: October 24, 2DOI 6 J PUBLIC HEARINGS: Preliminary Plat #01-29 by Forbrook-Bigelow Development, to be known as Manor Woods North First Subdivision. The plat proposes to subdivide approximately 12 60 acres of land into 31 lots for single family residential development and 1 outlot The plat also proposes to dedicate right-of-way for 7t Street NW and one new roadway ending in a cul- de-sac from 7' Street NW. The property is located west of Manor Ridge Drive NW,_south of 7' St. NW and east of the Somerset Hills Subdivision. Mr. Brent Svenby presented the staff report, dated October 18, 2001, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Discussion ensued regarding Lots 27-29 sharing driveways. Mr. Tony Bigelow, of 27693 637th Street, Kasson MN, addressed the Commission. He explained that he was present on behalf of Forbrook-Bigelow Development. He stated that they were in agreement with the staff -recommended conditions. He explained that, at this time, they are not sure who would retain ownership of Outlot A. Ms. Rivas asked if special developmental techniques have been made to avoid intrusion of the seasonal high water table. Mr. Bigelow handed out a memo regarding the decorah edge shale to the Commission. He explained that most of the decorah edge is contained in the outlet. He stated that they would tell future homeowners where the decorah edge is located. With no one else wishing to be heard, Ms. Petersson closed the public hearing. Ms. Rivas explained that she would need to abstain from the vote. Page 5 City Planning and Zoning Corn ___-ion Minutes Hearing Date: October 24, 2001 Mr. Brent Svenby presented th taff reports, dated Oct r 1ll 2001, to the Commission. The staff reports are on file at the hester-Olmsted Planning partment. Mr. Tony Bigelow, of 27693 37'" Street, Kasson MN, addre\Imission. He explained that he was pres nt on behalf of Forbrook-Bigelowt. He stated that they were in agreement with t staff -recommended conditions. hat having 6" Street as a through roadway w Id help with traffic congestion. c >, REQUEST FOR COUNCIL ACTION MEETING DATE: 11-19-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING M DESCRIPTION: Rochester Urban Service Area Land Use Plan Map Amendment #01- PREPARED BY: by Morris Memorial LLC from "Low Density Residential" to "Industrial" on 40 acres Brent Svenby, described as the SW 114 of the SW 1l4 of Section 13, Cascade Twp. The vacant property is Planner located on the east side of East River Rd. NE, approximately one -quarter mile north of 371h St. NE and adjacent to the RPU Office Center November 14, 2001 City Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission held a public hearing on October 24, 2001, to consider the Land Use Plan Amendment request for the property. The applicant is requesting to designate approximately 40 acres be designated for "Industrial" on the Rochester Urban Service Area Land Use Plan. The Commission discussed whether the area proposed to be designated "Industrial' is appropriate based on the criteria as included in the staff report. The Commission recommended approval, with the following findings. Mr. Staver made a motion to approve Land Use Plan Amendment #01-04 by Morris Memorial with the following findings. Ms. Rivas seconded the motion. The motion carried 6-2, with Mr. Hodgson and Ms. Petersson voting nay. a) The property has fairly level terrain. An existing waterway dissects the property and drains water to the northwest corner of the property. b) This property abuts East River Road, which is identified as a collector road on the ROCOG Thoroughfare Plan and is identified as a future connection between 37`h Street and 55'h Street. Currently, the roadway is not constructed to a collector roadway standard, but it is anticipated that it will be in the future. The property doesn't have direct access to a freeway, expressway or arterial roadway, however, the GDP submitted along with this application allows for a future connection to Trunk Highway 63 which is identified as an expressway on the ROCOG Thoroughfare Plan. c) The property consists of approximately 40 acres, which is adequate area for the expansion of industrial uses. The Land Use Plan refers to "industrial" designation as an area intended primarily for manufacturing, transportation related facilities, communication related facilities, privately owned utilities, warehousing and outside storage of materials and equipment and uses of similar character. Industrial uses are characterized by relatively high levels of truck traffic and noise. d) Sanitary sewer and water do not abut the property. These utilities would need to be extended to serve the development. The Main Level Water System is available to this property approximately 300 feet south of the SW corner. This water system will need to be extended to the property as well as to the adjacent properties as required by Rochester Public Utilities. The applicant will need to coordinate with the utility agencies the extension of utilities to the property. Planning Staff Recommendation: See attached staff report dated October 19, 2001. UNCIL ACTION: Motion by: Seconded by: to: Page 2 RCA November 14, 2001 P � a - Council Action Needed: 1. The Council may approve or deny this petition. The Council's decision must be supported by findings based on the criteria listed in the Land Use Plan (as included in the staff report). 2. if the Council wishes to proceed with the land use plan amendment as petitioned, it should instruct the City Attorney to prepare a resolution supported by findings of fact and conclusions of law. Attachments: 1. Staff Report dated October 19, 2001 2. Minutes of the October 24, 2001 CPZC Meeting Distribution: 1. City Clerk 2. City Administrator 3. City Attorney: Legal Description attached 3. Planning Department File 4. Planning Department GIS 5. Applicant: This item will be considered some time after 7:00 p.m. on Monday, November 19, 2001 in the Council / Board Chamber at the Rochester — Olmsted Government Center Building 6. Brand & Massey Surveying, Inc. I xljj . 11 " • e Change #94-12 �J � � t I , I 48 St NE ROCHESTER-OLAISTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 C 00"1Y OF www.olmstedcounly.com/planning TO: City Planning and Zoning Commission FROM: Brent Svenby, Planner DATE: October 19, 2001 RE: Land Use Plan Amendment #01-04 by Morris Memorial LLC to amend the Land Use Plan designation for approximately 40 acres of land from "low density residential' to "Industrial" designation. The property is located along the east side of East River Road NE, approximately one -quarter mile north of 37th Street NE and adjacent to the RPU Office Center. Planning Department Review: Property Owner: Consultant: Morris Memorial LLC 3775 Willow Ridge Drive SW Rochester, MN 55902 Brand & Massey Surveying, Inc. 1009 W hitewater Avenue St. Charles, MN 55972 Location of Property: The property is located along the east side of East River Road NE, approximately one -quarter mile north of 37'h Street NE and adjacent to the RPU Office Center. Requested Action: The applicant requests to amend the Rochester Urban Service Area Land Use Plan to designate approximately 40 acres of land for "industrial' uses. The property is currently designated for "low density residential' uses. A Zoning District Amendment and General Development Plan are being considered concurrent with this application. Existing Land Use: The property is currently vacant. Proposed Land Use: The applicant has also filed a lamtkts�tarl amendment and a General Development Plan that are being considered concurrent with this application. The proposed GDP identifies the property being developed as a manufactured home park. A manufactured home park is not a permitted use in the M-1 zoning district, so if the zone change is approved the applicant will need to obtain approval of a manufactured home park through other means. Adjacent Land Use and East: Vacant land in Olmsted County which is zoned BUILDING CODE 507/285-8213 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/285-8224 ..wso.=.PLANNING/ZONING 507/285-8232 • WELL/SEPTIC 507/285-8345 FAX 507/287-2275 ..wu. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 LUPA 01-04 Morris Memorial October 19, 2001 Zoning: Ag (Agricultural) on the Olmsted County Zoning Map. The property is designated for "low density residential' uses on the Land Use Plan. South: The property to the south is zoned M-2 (Industrial) on the City of Rochester Zoning Map. The RPU Office Center is located to south. RPU uses this property for offices and the storage of equipment and materials. The property is designated for "Industrial' uses on the Land Use Plan. North: The property to the north is located in Olmsted County. This property is zoned Industrial and there is a number of different industrial uses found to the north. The property is designated for "low density residential' uses on the Land Use Plan. West: Across East River Road is property used for a mining operation. This property is located in Olmsted and is zoned A-4 (Agricultural -Urban Expansion) district on the County zoning map. The property is designated for "industrial' uses on the Land Use Plan. Foster Arend Park is located to the Southwest. Transportation Access: East River Road NE, which abuts the property along its westerly edge, is identified a collector roadway on the Thoroughfare Plan. A collector roadway requires that 50 feet of right-of-way, from the centerline, be dedicated for the easterly half of the roadway. Currently the roadway is not constructed to a collector roadway design standard. It is anticipated that the roadway will be reconstructed in the future to a collector standard. The plan proposes a future public roadway along the south property line. This roadway will need to the coordinated with the adjacent property owners. The development is proposed to be served by private roadways. These roadways are shown at 32 feet in width. These roadways will need to be posted "No Parking — Fire Lane" on one side of the street. Design of the roadways will need to be designed to accommodate fire apparatus, especially the dead end hammer heads. See traffic analysis prepared be Charlie Reiter, Senior Transportation Planner. Wetlands: According to the Olmsted County Soil Survey, no hydric soils exist on the site. Neighborhood Meeting: A neighborhood meeting was held on October 11, 2001. A summary of the meeting is attached. G - 1 Page 3 LUPA01-04 Morris Memorial October 19, 2001 Referral Comments: 1. Planning Department - John Hanford 2. Charlie Reiter - Senior Transportation Planner 3. Rochester Public Works 4. RPU - Water Division 5. RPU - Operations Division 6. Fire Department Report Attachments: 1. Location Map 2. Land Use Plan Map 3, Referral Comments - see GDP Report 4. Neighborhood Meeting Summary Analysis: The Rochester Urban Service Area Land Use Plan identifies location criteria for "Industrial' types of uses as follows: a) Having level terrain (less than 5% slope). b) Having excellent access to transportation facilities, including direct access to a freeway, expressway, or arterial. Access to either rail or air transportation is also desirable. c) Having adequate area available for industrial expansion, providing adequate space for buffer areas, where needed, to protect adjacent residential use designations. d) Served by utilities and pubic facilities. Staff Suggested Findings: a) The property has fairly level terrain. An existing waterway dissects the property and drains water to the northwest corner of the property. b) This property abuts East River Road, which is identified as a collector road on the ROCOG Thoroughfare Plan and is identified as a future connection between 37=" Street and 55r" Street. Currently, the roadway is not constructed to a collector roadway standard, but it is anticipated that it will be in the future. The property doesn't have direct access to a freeway, expressway or arterial roadway, however, the GDP submitted along with this application allows for a future connection to Trunk Highway 63 which is identified as an expressway on the ROCOG Thoroughfare Plan. c) The property consists of approximately 40 acres, which is adequate area for the expansion of industrial uses. However, it is not the intention of the applicant to use this land for industrial uses. According to the General Development Plan submitted concurrently with this Land Use Plan Amendment, the applicant is proposing to use the property for a manufactured home park. The Land Use Plan refers to "industrial" designation as an area intended primarily for manufacturing, transportation related facilities, communication related facilities, Page 4 LUPA 01-04 Morris Memorial October 19, 2001 privately owned utilities, warehousing and outside storage of materials and equipment and uses of similar character. Industrial uses are characterized by relatively high levels of truck traffic and noise. d) Sanitary sewer and water do not abut the property. These utilities would need to be extended to serve the development. The Main Level Water System is available to this property approximately 300 feet south of the SW corner. This water system will need to be extended to the property as well as to the adjacent properties as required by Rochester Public Utilities. The applicant will need to coordinate with the utility agencies the extension of utilities to the property. Staff Recommendation: The ability to consider the Zone Change, Land Use Plan Amendment and General Development Plan concurrently allows the City to consider this development proposal as a package. Based upon the accompanying General Development Plan for this site and the findings above, Staff suggests that the CPZC and Council need to determine if a residential use should be permitted in an industrial land use area. The Land Use Plan clearly identifies that industrial designated lands should be used for uses which are industrial in nature and not for residential uses. Residential uses are not permitted in an industrial zone, so the application would need to apply through the Restricted Development process in order to develop the property with residential uses. The current designation of the property is for low density residential uses on the Land Use Plan, which is the R-1, R-IX and R-2 zoning districts. In the R-1X and R-2 zoning district, manufactured home parks are a Type 11I use, which means they could be approved through the conditional use process in those zoning districts. - COVHTV p� MEMORANDUM TO: City Planning & Zoning Commission Rochester -Olmsted Planning Department 2122 Campus Drive SE — Suite 100 Rochester, MN 55904-4744 (507)285-8232 FROM: Charles Reiter I Senior Transportation Planner DATE: October 18, 2001 RE: Traffic Analysis for Land Use Amendment / Rezoning / GDP by Morris Memorial LLC INTRODUCTION The proposed development plan for the Morris property indicates development of a 155-unit Manufactured Home Park that will be developed in two phases with primary access to East River Road. The main east -west road serving the development extends to the east property line, providing the opportunity for a future extension or connection into the street system that will serve the property to the east, thus providing the opportunity for access to TH 63 in the future. Table 1 summarizes the traffic generation characteristics of the proposed development. Trip generation has been estimated in two ways, first using household trip rates taken from the Institute of Traffic Engineers Trip Generation Manual, which is a standard reference for trip rates used throughout the country, and second by using trip rates obtained locally from a study of the Willowridge Mobile Home Park. The locally derived rates are 73% higher on a daily basis (8.3 trips per unit vs. 4.8 trips per unit) and 35% higher during the AM and PM Peak Hours. Table 1 AM PK PM Pk Hour Hour TOTAL Total In / Out Total In / Out Tri Generation based on ITE 745 70 18/52 1 90 1 55 / 35 Trio Generation based on local 1280 94 1 16 / 78 1 124 1 77 / 47 ANALYSIS From a traffic operations impact, the main consideration under existing conditions is to look at the effect of the added traffic resulting from the development on the intersection of East River Road and 371h St NE. This signalized intersection currently operates at a Level of Service A (see Attachment 1 for descriptions of Level of Service — also note Level of Service is an analysis of Peak Hour conditions). The additional traffic that will be generated by the proposed development will cause the overall intersection Level of Service to drop to a B, which is still very good and exceeds the standards set in the Land Development Manual. One observation of concern from the analysis is that even though the overall intersection will operate at an acceptable Level of Service, the eastbound left turn lane off of 37'h St onto East River Road is likely to see a significant increase in delay due to the additional traffic generated by the development. Options are available in terms of changing signal timing and phasing at this intersection that can improve the Level of Service for the eastbound left turn which can be considered if the delay to this movement becomes unacceptable in the future. It does not appear from the analysis that physical improvements to the intersection would be needed to address this issue if it arises. At this time changes to signal operations would not be recommended, and observation of future operations to see if delay problems in fact do develop would be the course of action to take. In terms of future conditions, I would actually expect the impact of this development on the East River Road intersection to 37'h St to lessen as other road system improvements are made in the area. It would be my expectation that as the land to the east of this site develops, access will be made available to TH 63, which should draw some traffic away from East River Road. In addition, in the longer term, the planned extension of 55'h St NW across the Zumbro River and to TH 63 should provide an alternate travel route to the northwest area of the city, which should also reduce traffic flow (helping to reduce the problematic eastbound left turn on 37`h St in particular). I would note that the construction of the 55'h St extension will probably increase the overall amount of north -south traffic on East River Road, and as a result of that construction and the build -out of lands along East River Road the street will likely need to be upgraded in the future to a 3 lane (with a center left turn lane) or 4 lane roadway. OTHER CONSIDERATIONS East River Road is designated on the Thoroughfare Plan as a Collector Street and on the ROCOG Long Range Bicycle Plan as the location of a Local Connector Trail. Adequate right-of- way should be provided to accommodate these improvements. A determination of this right of way should be made in consultation with the Public Works Department. The proposed spacing of access points along the property is generally consistent with spacing requirements along Collector Streets. The location of the main access for the park dictates that the next access to the north should probably be 200-300' north of the north property line, which when looking at property boundaries in the area actually works well, since it would locate that next access at a common property line between the next two properties lying to the north. A final comment on the proposed plan we would make is to recommend consultation with the Transit Coordinator and Rochester City Lines on the preferred location for a bus stop to serve the development. While transit service currently extends only to the Shopko Center, there has been interest in extending service to the Zumbro Ridge and Hallmark Terrace Parks on 55fh St NE. If this were done, it would seem the route could easily be structured to provide service to this development as well. SIGNALIZED INTERSECTION LEVEL, UNSIGNALIZED INTERSECRON AVERAGE QUALITATIVE DESCRIPTION STOPPED OF RESERVE IMPACT ON DELAY SERVICE CAPACITY MINOR STREET TRAFFIC ' PER VEHICLE DESIGNATION (PCPH) SECONDS - Good progression with condition of free flaw accompanied by low volumes and high speeds. . - Major movements have low percentage of snips. < 5.1 A > 400 Little or no delay • Waiting vehicles will clear on one green phase. - Good progression with traffic moving fairly free, but operating speeds are beginning to be restricted somewhat by traffic. - More vehicle stops will be required than L.O.S.-A. 5.1 - 15.0 B 300 - 399 Short traffic delays - Waiting vehicles still will probably clear on one green phase. , - Fair progression with traffic moving smoothly. - The number of vehicles stopping is significant at this level, although many still pass through without 15.1 - 25.0 C 200.299 Average traffic delays stopping. - Individual cycle failures (waiting for more than one ---1) may begin to appear. - Acceptable intersection operation during peak hours. - Congestion becomes noticeable, and traffic is flow high V/C ratios. ' approaching unstable with 25.1 -40.0 D 100 - I99 Long traffic delays - Driven have little freedom to maneuver. ' - Many vehicles stop and proportion of vehicles not stopping declines. Individual cycle failures are noticeable. I. - Poor progression, high volumes, long queues. - At or beyond limitof acceptable delay. 40.1 - 60.0 E 0 - 99 Very long traffic delays - Volumes are at, of near, capacity. i - Individual cycle failures are frequcnL - Forced flow operation at low speeds where volumes are over capacity. Volumes exceed capacity of • each lane. Extreme delays with - Unacceptable to drivers with all vehicles stopping. > 60.0 F queuing causes congestion affecting all movements in the - Cycle failures are maximized. intersection V/C Volume to Capacity ,PCPH) • Passenger Can Per Hour -... ROCHESTER Minnesota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DATE: 10/10/01 DEPARTMENT OF PUBLIC WORKS 201 4" Street SE Room 108 Rochester, MN 55904-3740 507.287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the application for Land Use Plan Amendment 401-04, on the Morris Meadows (proposed GDP#167) property. The following are Public Works continents on the proposal: 1. The proposed use of this property as a Manufactured Home Park development, as indicated by the GDP map, does not correspond to the requested Industrial Use classification. C:\WINDOWS\Temporary Internet Fi1esl01-KB022\1-UPA01-04 Morris Meadows Am rpu we pledge, we deliver September 25, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Zoning District Amendment # 01-12 and Rochester Urban Service Area Land Use Plan Map Amendment #01-04 by Morris Memorial LLC on 40 acres of property located east of East River Rd NE, north of the RPU Service Center. Dear Ms Gayness: Our review of the referenced amendments is complete and our comments follow: Preliminary water system computer modeling indicates that, with the proper networking of the water main, adequate flows for fire protection for this type of use will be available within this area. Please contact us at 507-280-1600 if you have questions. Very truly yours, 0614A P Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Moms Memorial LLC Brand & Massey Surveying, Inc. Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 NFAM ALL-oOMIUCA CM ROCHESTER. V,.,? A;1?&e.Jaa DATE: October 12, 2001 TO: Jennifer Garness, Planning FROM: Lyle Felsch, Deputy Chief SUBJECT: General Development Plan #01-167 �S 0:11NOCHESTE R. p1.1a R'rTF DAVID A. KAPLER, Chief Rochester Fire Department 201 4th Street SE, Room 10 Rochester, MN 55904-3726 (507)285-8072 FAX #(507)285-8256 Zoning District Amendment #01-12 S $9tvice Area•Land�Use Plan, Amendment#01-04,.Morris Meadows, located east of East River Road NE, 1/4 Mil e North of 37th Street NE and adjacent to the RPU Office Center. With regard to the above noted general development plan, the fire department has the following requirements: 1. An adequate water supply shall be provided for fire protection including hydrants properly located and installed in accordance with the specifications of the Water Division. Hydrants shall be in place prior to commencing building construction. No hydrants were shown with this submittal. 2. Streets and roadways shall be as provided in accordance with the fire code, RCO 31 and the Zoning Ordinance and Land Development Manual. Emergency vehicle access roadways shall be serviceable prior to and during building construction. The 32' private drives shown must be posted "No Parking — Fire Lane" on at least one side to allow for a minimum 20 foot clear driving width for emergency vehicle access. The dead end hammer head shown, must be of approved size to accommodate fire apparatus. (50' from the center line of the driving surface to the end of each side of the hammerhead) 3. All street, directional and fire lane signs must be in place prior to occupancy of any residential buildings. 4. All buildings are required to display the proper street address number on the building front, which is plainly visible and legible from the street fronting the property. Number size must be a minimum 4" high on contrasting background when located on the building and 3" high if located on a rural mail box at the public road fronting the property. Reflective numbers are recommended. c: Donn Richardson, RPU, Water Division Morris Memorial LLC, 3775 Willow Ridge Dr, SW, Rochester, MN 55902 Brand & Massey Surveying, Inc., 1009 Whitewater Avenue, St. Charles, MN. 55972 CIVIL ENGINEERING SERVICES COMPANY 5300 HIGHWAY 63 SOUTH ROCHESTER, MINNESOTA 55904 (507) 282-3776 October 12, 2001 Neighborhood Information Meeting RE: Morris Meadows Proposal of Morris Memorial, LLC 7:00 p.m., Thursday, October 11, 2001 Room 224, Evangel United Methodist Church 2645 North Broadway, Rochester, MN 55906 The meeting was attended by 6 invitees, 2 owners and the owner's engineer. The engineer explained the purpose of the meeting and the details of the proposal. He explained the concepts of the Land Use Plan, Zoning, and General Development Plan. The owners believe the property can be best used through utilizing mixed commercial and industrial uses. However, the current proposal is to use the property as a manufactured home park until more demand for commercial and industrial property exists. The property has commercial and industrial use on three sides now. The fourth side is agricultural, but it is sandwiched between this property and U.S. Highway 63. The property owner on the north side of the property asked how this development would affect the property values of existing industrial properties. There is no answer, because it cannot be predicted. He is concerned that "kids" from this residential development will hike to his property and play on his f construction equipment. He asked if the park could be fenced to keep "kids" at home? Answer: Not practical, cannot fence people into the park, and besides, the City is expecting trails out of the park to connect to the City trail system. What about the effect of blasting in the rock quarry across East River Road from the park? Answer: The homes do not have concrete basements, so they are not as vulnerable as conventional housing. There are also legal limitations on the magnitude of earth "quakes" that may be created by blasting. The trucking firm owner north of the property is also concerned about security. He usually has substantial property on loaded trucks in his parking lot and is concerned about theft and vandalism. He wants to work on improving security. Also, he would like to limit the number of accesses to his property because limited access is easier to police. He wants to talk more about security fencing. Question: Will 41st Street be extended to the east if it is to become a connection between U.S. 63 and East River Road? Answer: Probably not, because of the steep hill east of U.S. 63. A connection will probably go around the hill as it does now. There is a concern by property owners about current drainage conditions in the area, particularly north of the northwest comer of the site. Apparently, local flooding and ponding are common. They do not want to see the current bad situation aggravated. Then there was a lot of conversation about transportation facilities, but that was not particularly relevant to this proposal. Meeting ended at 8:10 p.m Page 13 City Planning and Zoning Coi ___;sion Minutes Hearing Date: October 24, 2001 A five-minute break occurred. Rochester Urban Service Area Land Use Plan Map Amendment #01-04, by Morris Memorial LLC from "Low Density Residential" to "Industrial' on 40 acres described as the SW 1/4 of the SW 1/4 of Section 13, Cascade Twp. The vacant property is located on the east side of East River Rd. NE, approximately one -quarter mile north of 37F St. NE and adjacent to the RPU Office Center. AND AND Page 14 City Planning and Zoning Corn.... —ion Minutes Hearing Date: October 24, 2001 adjacent to the RPU Office Center. Mr. Brent Svenby presented the staff reports, dated October 19, 2001, to the Commission. The staff reports are on file at the Rochester -Olmsted Planning Department. Mr. Burke asked what zoning districts allow manufactured home parks. Mr. Svenby responded R-1x, R-2, R-3, B-4 and B-1 as a conditional use permit. Mr. Slaver stated asked why the Park Department needs additional parkland from the general development plan, due to the proximity of Foster Arends. Mr. Svenby responded that he did not specifically know, but the area would need a neighborhood park. Mr. Stever asked what the likelihood would be of having a roadway extended east to meet with Highway 63. Mr. Svenby responded that it would be likely, as the applicant owns the property to the east. He explained that it is a connection that the City would like to see some day. Mr. Hodgson stated that he was confused about approving a zone change request that does not allow a manufactured home park. Mr. Svenby responded that any action taken would not approve the manufactured home park. He explained that the applicant would need to go through a restricted development conditional use permit process to be able to have a manufactured home park located in a zoning district which doesn't allow them. Mr. Svenby responded that some of the reasons for rezoning is that, when land is annexed, it is placed in the R-1 zoning district. He explained that concerns were brought up at the annexation hearing before the City Council regarding the property to the north being zoned for industrial uses in the County. With the industrial zoning district south of the property, it did not make sense to zone the property R-1. Therefore, the City Council placed the property in the Holding Zone. Discussion ensued regarding the restricted development conditional use process. Mr. Quinn stated that there is no condition limiting the amount of development for any period of time with the amount of traffic that would be generated from Phase I and Phase II. Mr. Svenby stated that Charlie Reiter's analysis shows that, if a manufactured home park were located on the property, the level of service at the intersection of 37th Street and East River Road is adequate and would meet the level of service based on the number of trips proposed. If the applicant had proposed an industrial use on the property, the analysis would probably be different. The applicant's representative, Mr. Ken Boyer, with Civil Engineering Services Company located at 5300 Highway 63 South, Rochester MN, addressed the Commission. He asked that Page 15 City Planning and Zoning Con-. ion Minutes Hearing Date: October 24, 2001 o J the Commission review all three applications concurrently. However, he asked that the Commission act on the general development first. If the Commission chooses not to support the general development plan, they may reconsider the land use plan and zone change request. Mr. Boyer explained that the site is surrounded by industrial uses. Therefore, the M-1 zoning district is logical. He explained that the property is not in high demand at this point in time for industrial uses. Until there is a high demand, they propose a manufactured home park to make use of the property. Mr. Boyer explained that the risk of people wanting to live in a manufactured home park at the proposed location is something the applicant is willing to take. Mr. Boyer explained that they plan to meet the Park and Recreation Department's recommendations. Mr. Boyer stated that the east -west street aligns with 41 s' Street. This is a street that the Rochester Public Works expects to improve and signalize the intersection. Therefore, they are trying to maintain their street on that alignment. The owner south of the property is Rochester Public Utilities. He stated that if the street is made, he expects that Rochester Public Utilities would participate in the project in the form of right-of-way and future construction. Mr. Boyer explained that this is not the first time this type of proposal has been made in the M-1 zoning district. Mr. Nordeen Soma, of 629 Southtown Heights Drive SW, Rochester MN, addressed the Commission. He stated that he owns the property to the north of the proposed site. He explained that their property is zoned Industrial. He explained that they store construction equipment and process topsoil that they buy. He expressed concern with possible accidents with having children living so close by. He explained that fencing wouldn't keep children off of the premises. Mr. Soma stated that he did not believe the manufactured home park would move, after being placed on the site. Mr. Bob Suk, of 18 Third Street SW, Rochester MN, addressed the Commission. He stated that he was present to represent Midwest Specialized Transportation and the Koenig family that owns Midwest Specialized Transportation. He explained that the family has approximately 40 acres of land, some of which they acquired at different times. He explained that the family went through a great expense on zone change requests along with entering into agreements with County and City that provide for annexation and utility connection. Mr. Suk stated that the business is continually expanding. He explained that they have a storage yard for a lot of extensive heavy equipment. The company is not opposed to the zone change, but is concerned about the use of the property. Mr. Suk explained the hazards of having a residential area near these types of industrial uses. Also, once a manufactured home is created, it is hard to remove. Mr. Suk stated that their company comes under federal jurisdiction. Therefore, if there is vandalism, it wouldn't bring in the police, it would bring in the FBI. Page 16 City Planning and Zoning Conn ...... ion Minutes ' Hearing Date: October 24, 2001 With no one else wishing to be heard, Ms. Petersson closed the public hearing. Discussion ensued regarding how to make motions. Mr. Quinn stated that they approved an RV park south of town and required them to put up a fence. He stated that they could require a fence to minimize the concerns of neighbors. Mr. Ohly stated that they need to look out for the safety of the residents of the manufactured home park from the industrial area. He stated that he did not think a fence would accomplish much. He indicated that it was a bad idea to put a manufactured home park in the middle of an industrial area. Ms. Petersson expressed concern with having a manufactured home park across from Foster Arends Park. Ms. Rivas stated that the difference between having the RV park and manufactured home park is that this manufactured home park would be sandwiched in between industrial businesses. Ms. Petersson stated that families would know the hazards before moving into the manufactured home park. Mr. Burke expressed concern with residents of the manufactured home park complaining about the industrial businesses surrounding them regarding noise and truck traffic. Mr. Burke stated that there isn't a lot of compatibility between the two. If the site was adjacent to industrial instead of surrounded by it, he may have different feelings. Mr. Staver stated that, if the general development plan were denied, procedurally, the zone change and land use plan amendment could be withdrawn. Mr. Svenby recommended that the Commission vote on the general development plan as submitted. Mr. Svenby explained that, by allowing the zone change, land use plan amendment, and general development plan to be reviewed concurrently, it acts as one package. Therefore, one item is denied, they others should be denied as well. Mr. Boyer stated that, if the Commission were to deny the general development plan, they would like time to decide which direction to take with the land use plan amendment and zone change. Discussion ensued regarding how to vote on the requests. Page 17 City Planning and Zoning Comm„sion Minutes Hearing Date: October 24, 2001 Page 18 City Planning and Zoning Corn Hearing Date: October 24, 2001 ion Minutes i Ordinance, the M 1 zoning district provides an area for a mixture of commeraal usesand industrial uses whichdo not generate significant adverse impacts' 3 The amendment to M-1 would tie consistent with ithe RochE ster Urban service Area'Land Use Plan, if the Land Use Plan A_mendment which, is being considered concurrent) " is approved,' and would 'not be considered s` of zoninz' „. Mr. Svenby recommended that specific language with regard a manufactured park be stricken from the findings. Mr. Staver stated that he agreed with Mr. Svenby. Ms. Petersson stated that she would vote against the motion, as she does not believe the three applications should be separated as they were submitted concurrently. Tf*rnotion carried tic2 With M6..Peters66n'and Mr. Hod sori votin qna"' E Mr. Staver stated that the Commission is not against manufactured home parks in general. He explained that it would not be appropriate at that particular location. OTHER BUSINESS: Mr. Brent Svenby presented the emorandum, The memorandum is on file at the Chester-O 2. Mr. Brent Svenby presented the n The memorandum is on file at the 3. No discussion items wejk brought forward. Dctober 18, 2001, to the Commission. Planning Department. 18, 2001, to the Commission. I Department. REQUEST FOR COUNCIL ACTION MEETING DATE: 11-19-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING — D i :M DESCRIPTION: General Development Plan #01-167 by Morris Memorial LLC to be PREPARED BY: own as Morris Meadows. The Plan permits the development of a Manufactured Home Brent Svenby, Park on 40 acres of vacant land described as the SW 1/4 of the SW 114, Section 13, Planner Cascade Twp. The property is proposed to be zoned M-1 (Mixed Commercial Industrial) and developed as a "Restricted Development" under the Zoning Ordinance. The property is located on the east side of East River Rd. NE approximately one -quarter mile north of 371h St. NE and adiacent to the RPU Office Center. November 15, 2001 City Planning and Zoning Commission Recommendation: On October 24, 2001 the City Planning and Zoning Commission reviewed this General Development Plan. Ken Boyer, the applicant's representative, addressed the Commission. He explained the proposal and explained the reasoning for the Land Use Plan Amendment, Zone Change and General Development Plan. Neighboring property owners expressed concerns with the intended use of the property, that of a manufactured home park. The Commission reviewed this proposal according to the criteria listed in Paragraph 61.215 of the Zoning Ordinance and Land Development Manual. Mr. Staver made a motion to recommend denial of General Development Plan #167, to be known as Morris Memorial LLC based on staff -recommended findings. Ms. Rivas seconded the motion. The motion carried 8-0. attached staff report dated October 19, 2001 which lists the CP&ZC adopted findings for denial. Planning Staff Recommendation: See attached staff report dated October 19, 2001. Council Action Needed: 1. The Council may approve, approve with conditions, or deny the general development plan. The Council must make findings based on the criteria listed in Paragraph 61.215. 2. If the Council wishes to proceed with the general development plan as proposed, it should instruct the City Attorney to prepare a resolution for Council approval. Attachments: 1. Staff Report dated October 19, 2001 2. Minutes of the October 24, 2001 CPZC Meeting (see LUPA RCA) Distribution: uac 1. City re Administrator 2. City Attorney 3. Planning Department File 4. Planning Department GIS Division 5. Applicant: This item will be considered some time after 7:00 p.m. on Monday, November 19, 2001 in the Council/Board Chambers in the Government Center at 151 4th Street SE. ,anrt P. MAgQav Ri n/Aminn Inn IUNCILACTION: Motionby: Second by: to: Rpm E■ ndment e Change b ST NE .Uxt 2 g a 0�3e w t. M u W Z W 0 ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 co,,,,,, 0� www.olmstedcounly.com/planning TO: City Planning and Zoning Commission FROM: Brent Svenby, Planner DATE: October 19, 2001 .yt.� LI N `'4n+tDy'Oin MEMO„n �e1j yr RE: General Development Plan #167 to be known as Morris Meadows Planninq Department Review; Petitioner/Property Owner: Consultant: Morris Memorial LLC 3775 Willow Ridge Drive SW Rochester, MN 55902 Brand & Massey Surveying, Inc. 1009 Whitewater Avenue St. Charles, MN 55972 Location of Property: The property is located along the east side of East River Road NE, approximately one -quarter mile north of 371° Street NE and adjacent to the RPU Office Center. Proposed Use: The proposed GDP identifies the property being developed as a manufactured home park. A manufactured home park is not a permitted use in the M-1 zoning district, so if the zone change is approved the applicant will need to obtain approval of a manufactured home park through other means. A Land Use Plan Amendment and Zoning District Amendment are being considered concurrent with this application. Land Use Plan The Rochester Urban Service Area Land Use Plan And Zoning Designations: designates this property as suitable for "low density residential' uses and the property is currently zoned H (Holding) district. The applicant has filed a petition to amend the Land Use Plan to designate the property for "industrial' uses. The applicant has also filed a petition to zone the property to the M-1 (Mixed Commercial -Industrial) district. These applications are being considered concurrent with this GDP. Streets: The plan proposes both public and private roadways BUILDING CODE 5071285-8213 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/285-6224 mow- PLANNING20NING 507/285-8232 • WELLISEPTIC 5071285-8345 FAX 5071287-2275 mrmm AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 General Development Plan #167 Morris Meadows October 19, 2001 within the development. East River Road NE, which abuts the property along its westerly edge, is identified a collector roadway on the Thoroughfare Plan. A collector roadway requires that 50 feet of right-of-way, from the centerline, be dedicated for the roadway. Currently the roadway is not constructed to a collector roadway design standard. It is anticipated that the roadway will be reconstructed in the future to a collector standard. The plan proposes a future public roadway along the south property line. This roadway will need to the coordinated with the adjacent property owners. The development is proposed to be served by private roadways. These roadways are shown at 32 feet in width. These roadways will need to be posted "No Parking — Fire Lane" on one side of the street. Design of the roadways will need to be designed to accommodate fire apparatus, especially the dead end hammer heads. Sidewalks: Pedestrian facilities are required along the entire frontage of East River Road NE and the frontages of the proposed public road along the south property line. Additional sidewalk/pedestrian facilities may be required along the private roadways. Drainage: A Storm water pond is proposed for the northwest corner of the property. The current drainage pattern of the property is to the northwest corner. Currently there is an existing waterway running diagonally through the property to the northwest corner. The GDP proposes to relocate this water way to the southerly boundary of the property and along the westerly property boundary. Detailed grading and drainage plans will be required when the property is platted or developed. Wetlands: According to the Olmsted County Soil Survey, no hydric soils exist on the site. Public Utilities: Sanitary sewer and water do not abut the property. These utilities would need to be extended to serve the development. The Main Level Water System is available to this property approximately 300 feet south of the SW corner. This water system will need to be extended to the property as well as to the adjacent properties as required by Rochester Public Utilities. The applicant will need to coordinate with RPU Water Division to determine options and design requirements to develop the necessary water system Page 3 General Development Plan #167 Morris Meadows October 19, 2001 layout to serve the area. Parkland Dedication: Parkland dedication requirements for this development will need to be satisfied through land dedication. This GDP will require parkland dedication of approximately 3.75 acres. The proposed GDP identifies approximately a 2 acre park which will need to be redesigned to be approximately 3.75 acres. Public access to park would need to be provided through a public easement. If this property is developed as a manufactured home park, additional private parkland requirements will be needed for the development in addition to the public parkland dedication requirements. Referral Comments: 1. Planning Dept. Transportation Division 2. Rochester Public Works 3. Rochester Park & Recreation 4. RPU Operations Division 5. RPU Water Division 6. MnDOT 7. Rochester Fire Department 8. Planning Department - Addressing 9. Planning Department - Wetlands Report Attachments: 1. Proposed General Development Plan 2. General Development Plan Narrative 3. Referral Comments 4. Neighborhood Meeting Summary Summary: This GDP includes approximately 40 acres and proposes to develop with a residential use in a commercial/industrial zoning district. Residential uses are not permitted in the M-1 zoning district, so if this GDP is approved the applicant would need to pursue the development of residential uses through the restricted development process. The restricted development process involves a preliminary and final plan review with public hearings before the CPZC and City Council. Access to the site will be provided from East River Road which is designated as a collector roadway on the ROCOG Thoroughfare Plan. The roadway is not currently constructed to a collector standard but it is anticipated that it would constructed to collector roadway standard in the future. The southerly public roadway shown to straddle adjacent properties. When this property is platted, partial dedication of the right-of-way will not be acceptable. The Plat will either need to be signed by multiple property owners or the roadway will need to be shifted entirely on the Morris Memorial property with access and utilities provided to the abutting property to the south. Stormwater management for this property is proposed to be the construction of a stormwater management facility in the northwest corner of the property. A Voluntary Storm Water Page 4 General Development Plan #167 Morris Meadows October 19, 2001 Management fee will apply to any areas, when graded, do not drain to an approved private detention facility. A Land Use Plan Amendment and Zoning District Amendment are being considered for this property concurrent with the GDP. Criteria & Staff Suggested Findings: Paragraph 61.215 of the Rochester Zoning Ordinance and Land Development Manual lists the Criteria for approval of a general development plan (see attached). Criteria A. The proposed land uses are generally in accord with the adopted Comprehensive Plan and zoning map, or that the means for reconciling any differences have been addressed. A GDP may be processed simultaneously with a rezoning or plan amendment request. A Land Use Plan amendment and Zoning District amendment are being considered concurrent with this GDP. If the amendments are approved, the land uses within the GDP would not be consistent with the land use designation and zoning for the property. The GDP identifies the property being developed as a manufactured home park, which wouldn't be consistent with the uses considered appropriate for "industrial" designation on the Land Use Plan. The Land Use Plan refers to "industrial" designation as area intended primarily for manufacturing, transportation related facilities, communication related facilities, privately owned utilities, warehousing and outside storage of materials and equipment and uses of similar character. According to the Land Use Plan, industrial uses are characterized by relatively high levels of truck traffic and noise. Criteria B. The proposed development, including its lot sizes, density, access and circulation are compatible with the existing and/or permissible future use of adjacent property. A Land Use Plan amendment and Zoning District amendment are being considered concurrent with this GDP. If the amendments are approved, the land uses within the GDP would not be consistent with the land use designation and zoning for the property. The proposed use of the property, as a manufactured home park would not be considered to be compatible with the existing and permissible future uses of adjacent property. Currently the property to the south is used for storage of materials and equipment for RPU. To the west, across East River Road NE, there is an existing mining and excavation operation. Industrial uses are also to the north of the proposed development. Criteria C. The mix of housing is consistent with adopted Land Use and Housing Plans. A Land Use Plan amendment and Zoning District amendments are being considered concurrent with this GDP. If the amendments are approved, the land uses proposed within the GDP would not be consistent with the land use designation and zoning for the property. Page 5 General Development Plan #167 Morris Meadows October 19, 2001 The Land Use Plan refers to "industrial" designation as area intended primarily for manufacturing, transportation related facilities, communication related facilities, privately owned utilities, warehousing and outside storage of materials and equipment and uses of similar character. According to the Land Use Plan, industrial uses are characterized by relatively high levels of truck traffic and noise. Criteria D. The proposed plan makes provisions for planned capital improvements and streets reflected in the City of Rochester's current 6-Year Capital Improvement Program, adopted Thoroughfare Plan, the ROCOG Long -Range Transportation Plan, Official Maps, and any other public facilities plans adopted by the City. Street system improvements required to accommodate proposed land uses and projected background traffic are compatible with the existing uses and uses shown in the adopted Land Use Plan for the subject and adjacent properties. East River Road NE is identified as a collector road on the ROCOG Thoroughfare Plan and is identified as a future connection between 374h Street and 55`h Street. Ultimately the total right-of-way needed to upgrade East River Road to a collector roadway design is 100 feet, 50 feet from the centerline. The proposed GDP identifies 33 feet from the centerline. Seventeen additional feet will be required to be dedicated for a total of 50 feet from the centerline. Construction of the upgrading of East River Road is not currently in the CIP. Criteria E. On and off -site public facilities are adequate, or will be adequate if the development is phased in, to serve the properties under consideration and will provide access to adjoining land in a manner that will allow development of those adjoining lands in accord with this ordinance. Street system adequacy shall be based on the street system's ability to safely accommodate trips from existing and planned land uses on the existing and proposed street system without creating safety hazards, generating auto stacking that blocks driveways or intersections, or disrupting traffic flow on any street, as identified in the traffic impact report, if required by Section 61.523(C). Capacity from improvements in the first 3 years of the 6-year CIP shall be included in the assessment of adequacy. Please see the attached memorandum from Charles Reiter, dated October 18, 2001, which includes a traffic analysis for this GDP. Roadways proposed within this development include both private and public roads. Right-of-way and pavement widths shown on the GDP are not consistent with local design standards. East River Road is identified as a collector road on the ROCOG Thoroughfare Plan and is identified as a future connection between the 37"' Street and 551h Street. This GDP identifies the right-of-way for East River Road at 33 feet. A dedication requirement for a collector roadway is 50 feet from the centerline. Seventeen additional feet with need to be dedicated for East River Road. Construction of this connection is not currently in the CIP. Page 6 / General Development Plan #167 Morris Meadows r J October 19, 2001 From a traffic operations impact, the main consideration under existing conditions is the effect of the added traffic resulting from the development on the intersection of East River Road and 37 8 St. NE. This signalized intersection currently operates at a Level of Service A. The added traffic that will be generated by the proposed development will cause the overall intersection Level of Service to drop to B, which is still very good and exceeds the standards set in the Land Development Manual. As other road system improvements are made in the area, the expected impact of this development on East River Road intersection to 37'" St. NE would likely lessen. if the land to east develops, access would be available to Trunk Highway 63, which should reduce the overall traffic volumes at the East River Road and 37tb St. NE intersection. 2. Utilities are now available to directly serve the area of the proposed land use, or that the City of Rochester is planning for the extension of utilities to serve the area of the proposed development and such utilities are in the first three years of the City's current 6-Year Capital Improvements Program, or that other arrangements (contractual, development agreement, performance bond, etc.) have been made to ensure that adequate utilities will be available concurrently with development. If needed utilities will not be available concurrent with the proposed development, the applicant for the development approval shall stipulate to a condition that no development will occur and no further development permit will be issued until concurrency has been evidenced. Sanitary sewer and water do not abut the property. These utilities would need to be extended to serve the development. The Main Level Water System is available to this property approximately 300 feet south of the SW corner. This water system will need to be extended to the property as well as to the adjacent properties as required by Rochester Public Utilities. The applicant will need to coordinate with RPU Water Division to determine options and design requirements to develop the necessary water system layout to serve the area. The adequacy of other public facilities shall be based on the level of service standards in Section 64.130 and the proposed phasing plan for development. Parkland dedication requirements for this development will need to be satisfied through land dedication. This GDP will require parkland dedication of approximately 3.75 acres. The proposed GDP identifies approximately a 2 acre park which will need to be redesigned to be approximately 3.75 acres. Public access to park would need to be provided through a public easement. Criteria F. The drainage, erosion, and construction in the area can be handled through normal engineering and construction practices, or that, at the time of land Page 7 i General Development Plan #167 Morris Meadows October 19, 2001 subdivision, a more detailed investigation of these matters will be provided to solve unusual problems that have been identified. A Storm water pond is proposed for the northwest corner of the property. The current drainage pattern of the property is to the northwest corner. Currently there is an existing water way running diagonally through the property to the northwest corner. The GDP proposes to relocate the water way to the southerly boundary of the property and along the westerly property boundary. Detailed grading and drainage plans will be required when the property is platted or developed. Criteria G. The lot, block, and street layout for all development and the lot density for residential development are consistent with the subdivision design standards contained in Section 64.100 and compatible with existing and planned development of adjacent parcels. The development of this property as a manufactured home would not be considered compatible with the adjacent uses. Uses to the south, west and north are all industrial in nature and would not be compatible with a residential use. The property has direct access to East River Road, which abuts the property along its westerly edge, which is identified a collector roadway on the Thoroughfare Plan. A collector roadway requires that 50 feet of right- of-way, from the centerline, be dedicated for the easterly half of the roadway. Currently the roadway is not constructed to a collector roadway design standard. It is anticipated that the roadway will be reconstructed in the future to a collector standard. Parkland dedication for this development should include approximately 3.75 acres of land. The GDP, as proposed, does not include adequate parkland needed for the proposed development. Section 64.100 of the LDM establishes criteria for secondary access. Based on the number of proposed lots, a secondary access is required. The plan proposes a future public roadway along the south property line. This roadway will need to the coordinated with the adjacent property owners. Partial dedication of right-of-way is not permitted, so the roadway may need to be shifted entirely on this parcel. Recommendation: If the CPZC and City Council determine that a manufactured home park could be compatible use in an industrial district, Staff recommends the following conditions or modifications to assure compliance with the Rochester Zoning Ordinance and Land Development Manual and applicable criteria: Page 8 / General Development Plan #167 Morris Meadows October 19, 2001 The GDP shall be revised to identify the following: • Dedication of 50 feet of right-of-way from the centerline of East River Road (in addition to the 15 foot waterway) • Pedestrian facilities along the east side of East River Road and the public roadway along the south property line. • A public park meeting the dedication requirements as stated in the memo dated September 19, 2001 from the Rochester Park and Recreation Department. • A secondary access for the development which meets the spacing requirements of the Land Development manual for a collector roadway. • Identify controlled access along East River Road, except of the approved access locations. 2. The southerly public roadway shown to straddle adjacent properties. When this property is platted, partial dedication of the right-of-way will not be acceptable. The Plat will either need to be signed by multiple property owners or the roadway will need to be shifted entirely on the Morris Memorial property with access and utilities provided to the abutting property to the south. 3. The property shall be platted. Prior to the submittal of a final plat, the applicant shall enter into a Development Agreement with the City that outlines the obligations of the applicant relating to, but not limited to, right-of-way dedication, the extension of public utilities, transportation improvement district (TID) charges, stormwater management, park dedication, traffic improvements, pedestrian facilities, and applicable charges/contributions for public infrastructure, including the construction of the proposed "future public street" along the south property line. d. Stormwater Management must be provided for the development. An ownership and maintenance declaration will be required for the storm water facility outiot, if it serves less 50 acres. A Voluntary Storm Water Management fee will apply to any areas, when graded, do not drain to an approved private detention facility. 5. The applicant shall grade the property to be consistent with the proposed grade of the future road along the south property line. 6. The applicant shall work with the Public Works Department on a method of dedicating the 25 foot wide waterway. 7. The applicant shall coordinate with the City of Rochester Transit Coordinator on the preferred location for a bus stop to serve the development. NOTE: This GDP review did not include detailed site plan review for compliance with all regulations applicable to permit issuance specifically those regulations for manufactured home parks. Manufactured home park regulations would be reviewed at such a time that a restrictive development application was submitted, if this GDP is approved. Page 9 General Development Plan #167 Morris Meadows October 19, 2001 Criteria for Approval of a General Development Plan In approving a General Development Plan, the Council shall make each of the following findings: A. The proposed land uses are generally in accord with the adopted Comprehensive Plan and zoning map, or that the means for reconciling any differences have been addressed. A GDP may be processed simultaneously with a rezoning or plan amendment request. B. The proposed development, including its lot sizes, density, access and circulation are compatible with the existing and/or permissible future use of adjacent property. C. The mix of housing is consistent with adopted Land Use and Housing Plans. D. The proposed plan makes provisions for planned capital improvements and streets reflected in the City of Rochester's current 6-Year Capital Improvement Program, adopted Thoroughfare Plan, the ROCOG Long -Range Transportation Plan, Official Maps, and any other public facilities plans adopted by the City. Street system improvements required to accommodate proposed land uses and projected background traffic are compatible with the existing uses and uses shown in the adopted Land Use Plan for the subject and adjacent properties. E. On and off -site public facilities are adequate, or will be adequate if the development is phased in, to serve the properties under consideration and will provide access to adjoining land in a manner that will allow development of those adjoining lands in accord with this ordinance. Street system adequacy shall be based on the street system's ability to safely accommodate trips from existing and planned land uses on the existing and proposed street system without creating safety hazards, generating auto stacking that blocks driveways or intersections, or disrupting traffic flow on any street, as identified in the traffic impact report, if required by Section 61.523(C). Capacity from improvements in the first 3 years of the 6-year CIP shall be included in the assessment of adequacy. Utilities are now available to directly serve the area of the proposed land use, or that the City of Rochester is planning for the extension of utilities to serve the area of the proposed development and such utilities are in the first three years of the City's current 6-Year Capital Improvements Program, or that other arrangements (contractual, development agreement, performance bond, etc.) have been made to ensure that adequate utilities will be available concurrently with development. If needed utilities will not be available concurrent with the proposed development, the applicant for the development approval shall stipulate to a condition that no development will occur and no further development permit will be issued until concurrency has been evidenced. 3. The adequacy of other public facilities shall be based on the level of service standards in Section 64.130 and the proposed phasing plan for development. Page 10 General Development Plan #167 Morris Meadows October 19, 2001 F. The drainage, erosion, and construction in the area can be handled through normal engineering and construction practices, or that, at the time of land subdivision, a more detailed investigation of these matters will be provided to solve unusual problems that have been identified. G. The lot, block, and street layout for all development and the lot density for residential development are consistent with the subdivision design standards contained in Section 64.100 and compatible with existing and planned development of adjacent parcels. ROCHESTER Minnesota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DATE: 10/11/01 DEPARTMENT OF PUBLIC WORKS 201 O' Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX - 507-281-6216 The Department of Public Works has reviewed the application for General Development Plan #lemon the Morris Meadows property. The following are Public Works comments on the proposal: Prior to Final Plat submittal, the applicant shall enter into a Development Agreement with the City that outlines the obligations of the applicant relating to, but not limited to, Right -Of -Way Dedication, the extension of public utilities, Transportation Improvement District (TID) charges, stormwater management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, and applicable charges/contributions for public infrastructure, including the construction of the proposed "Future Public Street' along the south property line. 2. Storm Water Management must be provided. As shown, on -site detention is proposed. An Ownership & Maintenance Declaration will be required for the Storm Water facility Outlot, if it will serve less than 50 acres. 3. Dedication of 50 feet of ROW is required for East River Rd (in addition to the 25 foot waterway that is indicated on the GDP);...,_ ..,_ .. 4. Based on the number of lots in Phase I & Phase II, and the indication that the main cast/west private street will continue east, a secondary access should be provided. Sanitary Sewer & Water does not abut the property. The extension of public sewer and water to serve the property must be coordinated with the Public Works Department. 6. Pedestrian facilities shall be constructed along all the entire frontage of East Rived Rd NE, and the frontages of the proposed public road along the south property line.. 7. Controlled Access will be required along East River Rd NE, with the exception of the approved private road access(s). 8. Utilities will need to be extended across the southerly '/x of this property in order to serve the proposed Phase I. C:\WINDOWS1Temporary Intemet Fi1es%0LKB022\GDP167 Morris Meadows .doc ROCHESTER Minnesota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester. MN 55904 FROM: Mark E. Baker DEPARTMENT OF PUBLIC WORKS 201 4th Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX - 507-281-6216 9. The method for dedicating the proposed 25 foot wide waterways should be reviewed and approved by Public Works. 10. Grading of the property should be consistent with the proposed grade of the future public street along the south property line. This issue will be addressed further in the Development Agreement for this property. The following Charges/fees applicable to the development of this property and will be addressed in the Development Agreement: -e Sewer Availability Charge @ $1709.89 per developable acre. Water Availability Charge @ $1709.89 per developable acre. Transportation Improvement District (TID) —To be determined. Storm Water Management, for any areas that do not drain to an on -site detention facility. C:IWIND0WS%Temporary Internet FIIeS10LKB0221GDP167 Morris Meadows .doc rpo we pledge, we deliver September 25, 2001 Rochester-Ohnsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: General Development Plan #01-167 by Morris Memorial LLC on 40 acres of property located east of East River Rd NE and north of the RPU Service Center to be known as Morris Meadows. Dear Ms. Gayness: Our review of the referenced general development plan is complete and our comments follow: Main Level Water System service is available to this property approximately 300' south of the SW comer. 2. Water mains must be extended to adjacent properties per our requirements. 3. We will work with the applicant's engineering firm to develop the necessary water system layout to serve this area. Please contact us at 507-280-1600 if you have questions. Very truly yours, 0644 P14, Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Morris Memorial LLC Brand & Massey Surveying, Inc. Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 e,tn RcUe nP ROCHESTER PARK AND RECREATION Rochester, Mn DEPARTMENT September 19, 2001 TO: Jennifer Garness Planning Departmen RE: General Development Plan #01-167 Morris Meadows Parkland dedication for the ± 154 dwelling unit development will be ± 3.75 acres. Dedication should be in the form of land. The general location of the proposed 2.0 J acre park is acceptable. The size of the park area should be increased to at least 3.75 acres. Dedication for the development can be deferred until such time as the park area is accessible via the parking lot or until the Park Department wishes to begin development of the park. The public access to the park will have to be via the off street parking lot shown on the plan. A public access easement across the parking lot parcel will be needed. O:\DSTOTZ\2001\DEDICATION\NE 2896\MORRIS MEADOWS GDP.DOC , Rochester -Olmsted Planning Department GIS/Addressing Division 2122 Campus Drive SE Rochester, MN 559044744 Phone: (507) 285-8232 Fax: (507) 287-2275 GDP REFERRAL RESPONSE DATE: October 10, 2001 TO: Jennifer Garness FROM: Planning Dept. Addressing Staff CC: Lyle Felsch RE: MORRIS MEADOWS GDP # 01-167 A review of the GDP has tumed up the following ROADWAY or ADDRESS related issues: The official designation of all public and/or private roadways must have approval of the GISIE911 Addressing Staff. 2. Supplementary Address Signage and the incurred costs may be required to eliminate complicated or confusing addressing situations. This signage must be coordinated with the G1S/ E-911 Addressing Staff in cooperation with the Rochester Fire Department. if required, this signage will be determined at the time of address review. C t+i \.k>»N:C[MPORARY 1K [l R. -f I=J[ I � (}Chan_; �I�)HR15ML4DU�1'S(DI"01 1t•;.DOC Narrative to accompany Morris Meadows GDP: a) There are no significant topographic limitations on this site. Ground slopes are in a range of from two percent to ten percent. Soils are good for construction of the proposed improvements. The entire property is underlain by limestone that varies from three to twenty feet below the surface and will make trenching for utilities very difficult in some locations. b) Storm drainage should not be difficult to control. There is a minor drainageway crossing the property. This will be rerouted along the south and west edges of the property. Water falling on the site will be collected in storm sewers and directed to a storm water detention basin in the northwest comer of the site. c) Offsite drainage problems are not expected. The property will continue to serve as a drainageway for upstream properties. Water released from the site will be limited to the discharge rate prior to development. d) Adequate sewer and water service can be made available to the development on the west side of the property. The property generally slopes from east to west, so only one sewer outlet is needed. Other utilities such as telephone, cable and electricity will need to be brought into the site, but no unusual limitations exist. e) The soils at the site are not on the City's list of erosive soils. Again, no unusual conditions exist. f) The GDP shows the anticipated phasing of the project into two phases. The anticipated schedule is to complete Phase I constructiop.lotg in-2002-anchto oomplete Phase II construction lots in 2003. c,Gp 14 ';lir REQUEST FOR COUNCIL ACTION MEETING L I DATE: 11-19-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING M DESCRIPTION: Zoning District Amendment # 01-12 by Morris Memorial LLC from the PREPARED BY: H (Holding) District to the M-1 (Mixed Commercial -Industrial) District. This 40 acre Brent Svenby, property is described as the SW 114 of the SW 1/4 of Section 13, Cascade Twp situated Planner along the east side of East River Rd. NE, approximately one -quarter mile north of 37`h St. NE and adjacent to the RPU Office Center. November 14, 2001 City Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission held a public hearing on October 24, 2001 to consider this zone change. The Commission also reviewed a Land Use Plan Amendment and GDP for the property. Neighboring property owners expressed concerns with the intended use of the property, that of a manufactured home park. The Commission reviewed the zone change request based on the criteria as included in the staff report and recommended approval, with the following findings. Motion by Staver, seconded by Rivas to recommend approval Zoning District Amendment #01-12, with the following findings. Motion carried 6-2, with Mr. Hodgson and Ms. Petersson voting nay. 1. The Rochester Urban Service Area Land Use Plan designates this property as appropriate for "low density residential' types of uses. A Land Use Plan amendment is being considered concurrent with this application. If the Land Use Plan amendment from 'low density residential' to "industrial' is approved, zoning 40 acres of land to M-1 (Mixed Commercial - Industrial) would be consistent with the "industrial' land use designation. The Land Use Plan refers to "industrial' designation as an area intended primarily for manufacturing, transportation related facilities, communication related facilities, privately owned utilities, warehousing and outside storage of materials and equipment and uses of similar character. Industrial uses are characterized by relatively high levels of truck traffic and noise. 2. Uses within the M-1 Zoning District would be appropriate on the property and compatible with adjacent properties, the properties to the south, north and west are all used for industrial uses. According to the City of Rochester Zoning Ordinance, the M-1 zoning district provides an area for a mixture of commercial uses and industrial uses which do not generate significant adverse impacts. 3. The amendment to M-1 would be consistent with the Rochester Urban Service Area Land Use Plan, if the Land Use Plan Amendment which is being considered concurrently is approved, and would not be considered spot zoning. Planning Staff Recommendation: Lu{f See attached staff report dated October 19, 2001. n UNCIL ACTION: ,vivdon By: Seconded By: Action: L endment # , one e Change # - 2 ,8 SITE IMMEMMEMA ROCHESTER-OLMSTED PLANNING DEP/....MENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 C 0 4 x. r o F www.olmstedcounty.com/planning TO: City Planning and Zoning Commission FROM: Brent Svenby, Planner DATE: October 19, 2001 �sn,►?�i■o� 1poo■yu�� AAbi RE: Zoning District Amendment # 01-12 by Morris Memorial LLC Zoning District Amendment # 01-12 by Morris Memorial LLC from the H (Holding) District to the M-1 (Mixed Commercial -Industrial) District. This 40 acre property is described as the SW 1/4 of the SW 1/4 of Section 13, Cascade Twp situated along the east side of East River Rd. NE, approximately one -quarter mile north of 37th St. NE and adjacent to the RPU Office Center. Planning Department Review: Property Owner/Petitioner: Consultant: Morris Memorial LLC 3775 Willow Ridge Drive SW Rochester, MN 55902 Brand & Massey Surveying, Inc. 1009 W hitewater Avenue St. Charles, MN 55972 Location of Property: The property is located along the east side of East River Road NE, approximately one -quarter mile north of 37`h Street NE and adjacent to the RPU Office Center. Requested Action: The applicant is requesting to zone 40 acres of land to the M-1 Mixed Commercial -Industrial) district. This property was recently annexed into the City and upon annexation the City Council placed the property is the Holding zoning district. Existing Land Use: The property is currently undeveloped. Proposed Land Use: The applicant has also filed a Land Use Plan amendment and a General Development Plan that are being considered concurrent with this application. The proposed GDP identifies the property eventually being developed as a manufactured home park. A manufactured home park is a permitted use in the M- 1 zoning district, so if the zone change is approved the applicant will need to obtain approval of a manufactured home park through other means. Adjacent Land Use and East: Vacant land in Olmsted County which is zoned BUILDING CODE 5071265-8213 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/285-8224 .ry wo.PLANNING/ZONING 507/285-8232 • WELLISEPTIC 507/285-8345 FAX 5071287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 ZC #01-12 Morris Memorial October 19. 2001 Zoning: Ag (Agricultural) on the Olmsted County Zoning Map. The property is designated for "low density residential' uses on the Land Use Plan. South: The property to the south is zoned M-2 (Industrial) on the City of Rochester Zoning Map. The RPU Office Center is located to south. RPU uses this property for offices and the storage of equipment and materials. The property is designated for "Industrial' uses on the Land Use Plan, North: The property to the north is located in Olmsted County. This property is zoned Industrial and there is a number of different industrial uses found to the north. The property is designated for "low density residential' uses on the Land Use Plan. West: Across East River Road is property used for mining operation. This property is located in Olmsted and is zoned A-4 (Agricultural -Urban Expansion) district on the County zoning map. The property is designated for "industrial' uses on the Land Use Plan. Foster Arend Park is located to the Southwest. Transportation Access: East River Road NE, which abuts the property along its westerly edge, is identified a collector roadway on the Thoroughfare Plan. A collector roadway requires that 50 feet of right-of-way, from the centerline, be dedicated for the easterly half of the roadway. Currently the roadway is not constructed to a collector roadway design standard. It is anticipated that the roadway will be reconstructed in the future to a collector standard. The plan proposes a future public roadway along the south property line. This roadway will need to the coordinated with the adjacent property owners. The development is proposed to be served by private roadways. These roadways are shown at 32 feet in width. These roadways will need to be posted "No Parking — Fire Lane" on one side of the street. Design of the roadways will need to be designed to accommodate fire apparatus, especially the dead end hammer heads. See traffic analysis prepared be Charlie Reiter, Senior Transportation Planner. Wetlands: According to the Olmsted County Soil Survey, no hydric soils exist on the site. Neighborhood Meeting: A neighborhood meeting was held on October 11, 2001. A summary of the meeting is attached. Page 3 ZC #01-12 Morris Memorial October 19, 2001 Referral Comments: 1. Charlie Reiter — Senior Transportation Planner 2. Planning Department - Wetlands 3. Rochester Public Works 4. RPU - Water Division 5. RPU - Operations Division 6. Fire Department Report Attachments: 1. Location Map 2. Area Zoning Map 3. Referral Comments 4. Neighborhood Meeting Summary— see land use plan amendment report Analysis for Zoning District Amendment: Under the provisions of Paragraph 60.338 of the Rochester Land Development Manual, the Commission shall recommend for approval and the Council shall approve, an application requesting an amendment to the zoning map if the amendment satisfies the following criteria: 1) The criteria of this subdivision apply to those amendments to the zoning map filed by formal petition. An amendment need only satisfy one of the following criteria: a) The area, as presently zoned, is inconsistent with the policies and goals of the Comprehensive Plan; b) The area was originally zoned erroneously due to a technical or administrative error; c) While both the present and proposed zoning districts are consistent with the Plan, the proposed district better furthers the policies and goals of the Comprehensive Plan as found in Chapters 2 and 3 of the Rochester Urban Service Area Land Use Plan, Chapter 3 of the Housing Plan, and Chapter 10 of the ROCOG Long Range Transportation Plan; or d) The area has changed or is changing to such a degree that it is in the public interest to rezone so as to encourage development or redevelopment of the area. The Rochester Urban Service Area Land Use Plan designates this property as appropriate for "low density residential" types of uses. A Land Use Plan amendment is being considered concurrent with this application. If the Land Use Plan amendment from `low density residential" to "industrial' is approved, zoning 40 acres of land to M- 1 (Mixed Commercial - Industrial) would be consistent with the "industrial" land use designation. However, it is not the intent of the applicant to use this land for industrial uses. According to the General Development Plan submitted concurrently with this zone change petition, the applicant wishes to use the property for a manufactured home park. Using this property for residential uses, with it being zoned commercial - industrial, would not be consistent with the Comprehensive Plan and the Housing Plan. The Land Use Plan refers to "industrial' designation as an area intended primarily for manufacturing, transportation related facilities, communication related facilities, privately owned utilities, warehousing and outside storage of materials and equipment Page 4 ZC #01-12 Morris Memorial October 19, 2001 and uses of similar character. Industrial uses are characterized by relatively high levels of truck traffic and noise. 2) The criteria of this subdivision also apply to those amendments to the zoning map fled by formal petition. However, an amendment must satisfy all of the following criteria: a) the permitted uses allowed within the proposed zoning district will be appropriate on the subject property and compatible with adjacent properties and the neighborhood; and Uses within the M-1 Zoning District would be appropriate on the property and compatible with adjacent properties, the properties to the south, north and west are all used for industrial uses. However the applicant, as indicated by the accompanying GDP, intends to develop the property with a manufactured home park which is a residential use and not an industrial use. A manufactured home park is not a permitted use in the M-1 zoning district and would not likely be compatible with the adjacent uses. According to the City of Rochester Zoning Ordinance, the M-1 zoning district provides an area for a mixture of commercial uses and industrial uses which do not generate significant adverse impacts. b) the proposed amendment does not involve spot zoning. (Spot Zoning involves the reclassification of a single lot or several small lots to a district which is different than that assigned to surrounding properties, for reasons inconsistent with the purposes set forth in this ordinance, the state enabling legislation, or the decisions of courts in this state). The amendment to M-1 would be consistent with the Rochester Urban Service Area Land Use Plan, if the Land Use Plan Amendment which is being considered concurrently is approved, and would not be considered spot zoning. Staff Recommendation: The ability to consider the Zone Change, Land Use Plan Amendment and General Development Plan concurrently allows the City to consider this development proposal as a package. Based upon the accompanying General Development Plan for this site and the findings above, Staff suggests that the CPZC and Council need to determine if a residential use should be permitted in an industrial land use area. The City's Zoning Ordinance clearly identifies that industrial zoning districts do not allow residential uses. Residential uses are not permitted in an industrial zone, so the application would need to apply through the Restricted Development process in order to develop the property with residential uses. The current designation of the property is for low density residential uses on the Land Use Plan, which is the R-1, R-IX and R-2 zoning districts. In the R-1X and R-2 zoning district, manufactured home parks are a Type Ill use, which means they could be approved through the conditional use process in those zoning districts. ROCHESTER Minnesota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DATE: 10/10/01 DEPARTMENT OF PUBLIC WORKS 201 4" Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the application for Zone Change 401-12, on the Morris Meadows (proposed GDP#167) property. The following are Public Works comments on the proposal: The proposed use of this property as a Manufactured Home Park development (as indicated by the GDP map), does not require an Industrial classification, and could be accommodated by a less restrictive/intensive zoning. C:\WINDOWS\Temporary Internet Files\OLKB02212ONE01-12 Morris Meadows .doc rpu ue pCed�e, we deliver September 25, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Zoning District Amendment # 01-12 and Rochester Urban Service Area Land Use Plan Map Amendment #01-04 by Morris Memorial LLC on 40 acres of property located east of East River Rd NE, north of the RPU Service Center. Dear Ms Gamess: Our review of the referenced amendments is complete and our comments follow: 1. Preliminary water system computer modeling indicates that, with the proper networking of the water main, adequate flows for fire protection for this type of use will be available within this area. Please contact us at 507-280-1600 if you have questions. Very truly yours, 06-JA P Dome Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Morris Memorial LLC Brand & Massey Surveying, Inc. Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 REQUEST FOR COUNCIL ACTION MEETING dJ� DATE: 11-19-01 AGENDAS CTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING ZE�— M DESCRIPTION: Final Plat #99-40 by Arcon Development to be known as Shannon PREPARED BY: ks First Subdivision. This Plat proposes to subdivide 32.94 acres of land into 44 lots for Theresa Fogarty, single family development and 4 outlots. The plat also dedicates right-of-way for six new Planner roadways and one existing roadway. The applicant is also requesting approval of a Substantial Land Alteration permit to allow for changing grades more than 10 feet in certain areas within the development. The property is located south of Viola Road (CSAH 2), west of Haverhill Road NE and east of Century Hills Drive NE and is within part of the approved Shannon Oaks General Development Plan. November 15, 2001 Planning Department Review: Staff accepted the Final Plat application without an executed Development Agreement. The applicant and the City have reviewed a preliminary Development Agreement and are in the process of completing the final Development Agreement. The applicant is in agreement with having this item continued to the December 3, 2001 City Council meeting. It is anticipated that an executed Development Agreement will be completed at that time. Council Action Needed: 1. Continue the item until the December 3, 2001 City Council meeting. Attachments: 1. Copy of proposed Final Plat. 2. Location Map Distribution: 1. City Administrator 2. City Clerk 3. City Attorney 4. Planning Department File 5. Planning Department, GIS Division 6. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, November 19, 2001 in the Council Chambers at the Rochester I Olmsted County Government Center. 7. Yaggy Colby Associates UNCIL ACTION: Mouon by: second by: to: REQUEST FOR COUNCIL ACTION MEETING d r AULNUA btl: 1 IUN: PUBLIC HEARINGS ORIGINATING PLANNING DATE: 11-19-01 ITEM NO. C-( Z EM DESCRIPTION: Final Plat #01-48 by Jim Heim to be known as Elmcroft Fourth Addition. PREPARED BY: his Plat proposes to resubdivide Lots 20 and 21, Elmcroft Third Addition into 4 lots for Theresa Fogarty, residential development. The applicant is also requesting approval of a Substantial Land Planner Alteration Permit to allow for changing grades more than 10 feet in certain areas within the development. The property is located along the west side of Elmcroft Drive SW and south of 25th Street SW November 14, 2001 Planning Department Review: The Planning Staff has reviewed the submitted final plat in accordance with the Rochester Zoning Ordinance and Land Development Manual, Section 61.225 and would recommend approval subject to the following conditions: 1. Parkland dedication for this subdivision shall be met via cash in lieu of land, per the November 9, 2001 memorandum from Rochester Park and Recreation. 2. Construction of pedestrian facilities are required along the entire frontage of this property concurrent with individual lot development, unless a Pedestrian Facilities Agreement is executed. 3. Payment of charges related to Sewer A vailability, Water Availability, Sanitary Sewer and Water main Frontage Charges, and Utility Service Connections is required prior to development of this property. 4. Grading and drainage plans will need to be approved by the City Public Works Department. Planning Department Review- Substantial Land Alteration Permit. Staff would recommend approval with the following conditions: 1. The applicant shall submit and receive approval of a Haul Route Plan from City Public Works for removing fill from the site during the excavation activity. 2. The applicant shall submit a Performance Bond in an amount determined by City Public Works assuring that the site will be fully restored after completion of the excavation activity. Council Action Needed: 1. A resolution approving the plat can be adopted. 2. The Council should include a motion to adopt findings to support either approval or denial of the proposed Substantial Land Alteration Activity. Enclosures: (To be submitted separately to the City Clerk by the Planning Staff upon receipt from the Applicant) 1. City Clerk's Copy of Applications 2. Recording Statement n ryUJ L 3. Treasurer/Auditor's Statement 4. Recording Fee 5. Title Opinion 6. 1 Original Plat Mylar 7. 2 Mylar Copies of Plat Attachments: 4. Staff report dated, November 14, 2001, COUNCIL ACTION: Motion by: second by: FA Final Plat #01-48 Y Elmcroft 4th Addition 600' Notification Distance Ward 1 Hanson 11 /07/01 ��3 j9{a1i+ a9R fy%l / ••;:a :F�:IY's Sl I f a it ;` zj 3 r: :i°., I'Y• a i Ra.d s•����" .! Fn t ix E„€ j6�E : I°Y� x p S d S yYe tt = 'o I 6+� '% ^I. ilk Z nvAls ?r�y,x .J F 3 is g% gt a14 ¢-i:;a-, .a .g,%= is �fi ! ;=$ a ,• 4i "' jEI raCie ?:F-xifs E� cS Goa ,?cTi _ z O F Z O 0 is j sk d , �� $� F` •� O � ( Fa 2 �y%� 5p5d Y� a�II SS% f=,� 3j i1!Ss l F LL In p U w. nN �NNII t�£ c/ �CKUU J / p� �. 1521 oy IIRU2 � I JGKUV m"I � I I I Lai I i I N � I I I t it 0 NC!I1l 13V 118I 00'S4£ C311tlldNn P C: _Y Y8888 e gg 3i = -33 € # n INV Id V,)NIUVCJ I •• l!33� 3�5p}p FSI 55 � e r • 3 Sa g'i' 7 YiO53NNIW 'SUS3H70N • Si C € eeaF N0I1Ia4V Hlb IAONDW13 p �s � F i 3 i� i n W ARCHITECTS SURVEYORS October 10, 2001 Ms. Mitzi Baker Olmsted County Planning LANDSCAPE ARCHITECTS 2122 SE Campus Drive PLANNERS Rochester, MN 55904 RE: Substantial Land Alteration 5 Elmcroft 41h Addition Rochester, Minnesota ROCHESTER OFF Dear Ms. Baker: 717 Third Avenue This letter is to serve as a request for substantial land alteration approval for the above referenced final plat. The existing residential land will be regraded to be suitable for Rochester, MIN 55, residential applications. Generally, the area behind the proposed building pads will be 507-288-6 cut down and hauled away to provide for more suitable grades. Fax 507-288-51 The grading would be completed in the summer of 2002. The entire disturbed area will be re -seeded and the steep slopes covered with a wood fiber blanket. Please call if you have any questions. Sincerely, YAGGY COLBY ASSOCIATES MASON CITY OFFI 641-424-6: Wade Neubauer, EIT WEN:bsd DELIFIELD OFFI YCA #7380 262-646-61 Attachment Grading Plan with 10' cuts marked Equal Opp .rfy Employer yaggy.Eom ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 C O U N T Y OF www,olmstedcounty.com/planning TO: Rochester Common Council FROM: Theresa Fogarty, Planner DATE: November 9, 2001 �hni'oAtieini 1 jivi�iiliv�iq y na��nij RE:Final Plat #01-48 by Jim Heim to be known as ElmcroftFourth Addition. This Plat proposes to resubdivide Lots 20 and 21, Elmcroft Third Addition into 4 lots for residential development. The applicant is also requesting approval of a Substantial Land Alteration permit to allow for changing grades more than 10 feet in certain areas within the development. The property is located along the west side of Elmcroft Drive SW and south of 25th Street SW. Planning Department Review: Applicant/Owner: Jim Heim 710 SW 25`" Street Rochester, MN 55902 Surveyors/Engineers: Yaggy Colby Associates 717 Third Avenue SE Rochester, MN 55904 Referral Comments: 1. Rochester Park and Recreation Department 2. Rochester Public Works Department 3. Rochester Public Utility Department— Water Division Report Attachments: 1. Referral Comments (3 Letters) 2. Copy of Final Plat 3. Location Map 4. Memo from Yaggy Colby Associates, dated October 10, 2001. 5. Copy of Substantial Land Alternation Map Plat Data: Location of Property: This plat is located along the west side of Elmcroft Drive SW and south of 25u' Street SW. Zoning: The property is zoned R-1 (Mixed Single Family) district on the City of Rochester Zoning Map. BUILDING CODE 507/285-8213 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/285-8224 -w.eow PLANNING/ZONING 507/285-8232 • WELUSEPTIC 507/285-8345 FAX 5071287-2275 �� AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 Elmcroft Fourth Addition November 14, 2001 Proposed Development: This proposal is resubdividing Lots 20 and 21 into 4 lots for residential development. The applicant is also requesting approval of a Substantial Land Alteration permit. Roadways: There are no new roadways being dedicated with this plat. Pedestrian Facilities: Construction of pedestrian facilities are required along the entire frontage of this property concurrent with individual lot development, unless a Pedestrian Facilities Agreement is executed. Wetlands: Minnesota Statutes now require that all developments be reviewed for the presence of wetlands or hydric soils. The Soils Survey does not indicate hydric soils within this Plat. Drainage: Grading and drainage plans will need to be approved by the City Public Works Department. Public Utilities: Sanitary Sewer & Water main have recently been extended to serve this property. Payment of charges related to Sewer Availability, Water Availability, Sanitary Sewer and Water main Frontage Charges, and Utility Service Connections is required prior to development of this property. Spillover Parking: As per Section 63.426 of the LDM, all residential development must provide spillover parking for service vehicles and visitors. This development requires 5 spillover parking stalls. It appears as though the additional parking can be accommodated on the roadways and most likely within private driveways, as well. Parkland Dedication: The Rochester Park and Recreation Department has stated that parkland dedication should only be required for the increased number of dwelling units as a result of replatting. The parkland dedication requirement for this development shall be met via: Cash in lieu of land in the amount of $500 with payment due prior to recording the final plat. General Development Plan: This is an old, undeveloped County subdivision, there is no General Development Plan for this area. Preliminary Plat: According to Section 61.221 of the Land Development Manual "A subdivision in which all proposed lots front on a platted or dedicated street right-of-way and no major changes to the right- of-way are proposed may be exempted from the requirements of this paragraph (Land Subdivision Permit). Page 3 Elmcroft Fourth Addition November 14, 2001 Substantial Land Alteration: This application includes a request for approval of land disturbing activities defined as Substantial Land Alteration according to Section 61.1101, B of the Rochester Zoning Ordinance and Land Development Manual (LDM). Section 62.1102 of the LDM allows the City to consider a request for excavation or substantial land alteration as part of a Type III application, such as a final plat, subject to making findings established in Section 62.1105 and 61.146 of the LDM. This development includes a proposal for cut and fill work which involves a grade change of 10-feet or more from the pre-existing grades. The area where grade is proposed to be changed, greater than 10% will occur basically in the center of this plat (southern area of Lot 2 and northern area of Lot 3). Sections 61,146, 62.1102 and 62.1105 of the LDM are attached. Staff Suggested Findings: If the City Council approves the proposed substantial land alteration, staff recommends the following findings to Section 62.1105 and 61.146 of the Rochester Zoning Ordinance and Land Development Manual: 62.1105 1) The activity should not result in danger to life or property. The slopes on the site will be a maximum of 3:1. The grading and drainage plans will need to comply with City standards and be approved by the Rochester Public Works Department. 2) The grading plan for this project needs to be approved by the Rochester Public Works Department and it will document the extent of the work. All cut material (approximately 7,421 cubic yards) will be hauled off the site. 3) Noise and dust control will need to comply with City standards 4) The equipment conducting the grading work on the property will also be the equipment utilized to move the earth. The excess material (7,421 cubic yards) will be hauled off the site. It will be necessary to truck haul fill from the site, thereby requiring an approved Haul Route Plan from City Public Works. 5) The proposed excavation work should not affect air quality or ground and surface water quality. 6) The proposed grading work should not adversely affect the scenic quality of Rochester. There will not be any steep slopes or exposed rock faces. The natural topography of the area is being re -graded to provide adequate slopes for single family dwellings. 7) The result of the proposed activity will be compatible with existing development and development anticipated in the future. The finished result of the grading work will allow for development that is consistent with the land use plan. 8) The grading will be confined to the property and should not affect the use and enjoyment of adjacent properties. The duration of the excavation activity is expected to be completed in one phase, during the summer of 2002. Page 4 Elmcroft Fourth Addition November 14, 2001 9) The grading will only take place during one phase during the summer of 2002. There are homes in the immediate area that will be visually affected by the grading activity for only a short time during the grading process. Noise and dust control will need to comply with City standards. 10) The grading and drainage plan will need to provide the proper restoration and stabilization in accordance with the adopted codes for the City of Rochester. 11) The grading and drainage plans will need to be reviewed and approved by the City. Stormwater management will be required for the development. 12) The areas of grading do not contain sinkholes or wetlands and should not effect the ground water or surface quality once restoration and stabilization is completed. 13) The grading work is expected to be completed during the summer of 2002. The duration seems appropriate for this type of activity and the size of the project. 14) The Rochester Public Works Department will need to review and approve the grading and drainage plan for this work. This plan must accommodate permanent and interim erosion and sediment control. 15) Surety will need to be provided that guarantees the site will be fully restored after the completion of the excavation activity. The applicant will need to submit a Performance Bond in an amount determined by City Public Works assuring that the site will be fully restored after completion of the excavation activity. 16) The grading and drainage plan will need to be approved by the Rochester Public Works Department prior to any grading on the property. The Planning Staff would suggest the following findings for Section 61.146: 1) The applicant will also be required to submit a Performance Bond in an amount determined by City Public Works assuring that the site will be fully restored after completion of the excavation activity. 2) Not applicable. 3) Not applicable. 4) The Rochester Public Works Department will need to review and approve the grading and drainage plan for this work. This plan must accommodate permanent and interim erosion and sediment control. 5) Not applicable. 6) Not applicable. 7) Not applicable. 8) Not applicable. J Page 5 Elmcroft Fourth Addition November 14, 2001 Planning Staff Review and Recommendation: The Planning Staff has reviewed the submitted final plat in accordance with the Rochester Zoning Ordinance and Land Development Manual, Section 61.225 and would recommend approval subject to the following conditions: 1. Parkland dedication for this subdivision shall be met via cash in lieu of land, per the November 9, 2001 memorandum from Rochester Park and Recreation. 2. Construction of pedestrian facilities are required along the entire frontage of this property concurrent with individual lot development, unless a Pedestrian Facilities Agreement is executed. 3. Payment of charges related to Sewer A vailability, Water Availability, Sanitary Sewer and Water main Frontage Charges, and Utility Service Connections is required prior to development of this property. Substantial Land Alteration Planning Staff Review and Recommendation: Planning Staff has reviewed the Substantial Land Alteration Permit request and recommend approval with the following conditions: 1. The applicant shall submit and receive approval of a Haul Route Plan from City Public Works for removing fill from the site during the excavation activity. 2. The applicant shall submit a Performance Bond in an amount determined by City Public Works assuring that the site will be fully restored after completion of the excavation activity. Reminder to Applicant: Prior to development, the property owner will need to execute a City / Owner Contract for construction of all public infrastructure and utilities to serve this subdivision. MA Page 6 Elmcroft Fourth Addition November 14, 2001 CITY OF ROCHESTER ZONING ORDINANCE AND LAND DEVELOPMENT MANUAL EXCERPTS 61.225 Finding for Land Subdivision: The Zoning Administrator, Commission or Council shall approve a development permit authorizing a land subdivision if all of the following findings with respect to the proposed development are made: A. The proposed land subdivision conforms to all relevant requirements of this ordinance and variances have been granted to permit any nonconformance. B. That the proposed water system and sanitary sewer system are adequate to serve the normal and fire protection demands of proposed development and to provide for the efficient and timely extension to serve future development. C. That the plan for soil erosion and stormwater management meets the adopted standards of the City of Rochester and is consistent with the adopted Stormwater Management Plan or adopted drainage or stormwater policies. D. That the vehicular and non -motorized system is consistent with adopted transportation plans and is consistent with the street layout standards listed in Section 64.120 and traffic service standards in Section 61.526. E. That the lot and block layout provide for safe and convenient vehicular, service and emergency access, efficient utility service connections, and adequate buildable area in each lot for planned uses. F. That the proposed land subdivision has taken into account the current 6-Year and other Long -Range Capital Improvements Programs and the elements listed therein in the design of the subdivision. G. That the proposed subdivision, if in a resident zoning district, -addresses the need for spillover parking consistent with the requirements of Section 63.426. H. That right-of-ways and easements of adequate size and dimensions are -provided for the purpose of constructing the street, utility, and drainage facilities needed to serve the development. I. That the proposed parks, trail thoroughfares and open space dedications are consistent with adopted plans, policies and regulations. J. That the proposed subdivision will not have off -site impacts on the street, drainage, water or wastewater systems that exceed adopted standards. K. That the proposed subdivision will not have adverse impacts on the safety or viability of permitted uses on adjacent properties. L. That the proposed land subdivision is designed in such a manner as to allow for continued development in an efficient manner on adjacent undeveloped lands. Effective May 15, 1999 Page 7 Elmcroft Fourth Addition November 14, 2001 M. That the soils, topography and water tables have been adequately studied to ensure that all lots are developable for their designated purposes. N. That the proposed land subdivision is consistent with the standards of the City's adopted Comprehensive Plan. O. That any land located within Zone A as shown as on the currently adopted Flood Boundary and Floodway Maps of the Flood Insurance Study, Rochester, Minnesota prepared by the Federal Emergency Management Agency, is -determined to be suitable for its intended use and that the proposed subdivision adequately mitigates the risks of flooding, inadequate drainage, soil and rock formations with severe limitation for development, severe erosion potential or any other floodplain related risks to the health, safety or welfare of the future residents of the proposed subdivision in a manner consistent with this ordinance. 61.226 Conditions on Approvals: In considering an application for development permit to allow a land subdivision, the approving body shall consider and may impose modification or conditions to the extent that such modifications or conditions are necessary to insure compliance with the criteria of Section 61.225. Effective May 15, 1999 Page 8 Elmcroft Fourth Addition November 14, 2001 Land Development Manual Excerpts Substantial Land Alteration 62.1102 Exempt Activities: 1) Except as required for a reclamation plan, which may be imposed on any of the following activities as part of any required City permit or approval process, the provisions of these Sections 62.1100 through 62,1113 shall not apply to the following activities: a) The land area included within 15' or as reasonably defined by the City Engineer to allow soil stabilization of the identified boundaries of a building submitted for a building footing and foundation permit. b) Stormwater management facilities or other public infrastructure approved by the City. c) Excavations or blasting for wells, tunnels or utilities that have received all necessary governmental approvals. d) Refuse disposal sites controlled by other applicable City, State or federal regulations. e) On -going cemetery (burial) operations. f) Development activity for which a general development plan, subdivision permit or other Type III approval has resulted in the review of the proposed cut and fill work and for which a grading permit is required. To qualify for this exemption, the Council shall have made the findings established in Section 62.1105. g) Uses in the Central Development Core (CDC) District. 62.1105 Findings Necessary for Issuance of a Conditional Use Permit: The City shall approve a conditional use permit authorizing an excavation activity only if all of the following findings with respect to the proposed activity are made, in addition to those listed in Section 61.146: 1) The activity will not result in a danger to life or property due to (1) steep or unstable slopes, (2) unsafe access to the property, (3) excessive traffic, or (4) proximity to existing or planned residential areas, parks and roadways; 2) Visual, noise, dust, and/or excessive on- or off -site environmental impacts on public parks, roadways and residential areas can be adequately mitigated by the Applicant and a fully detailed plan is submitted by the Applicant to demonstrate the mitigation methods to be used, the cost of such mitigation, the source of funds for such mitigation, and adequate legal assurance that all of such mitigation activities are carried out; 3) The use of trucks and heavy equipment will not adversely impact the safety and maintenance of public roads providing access to the site, or such impacts will Page 9 Elmcroff Fourth Addition November 14, 2001 be mitigated; 4) The proposed use will not adversely affect air quality or ground water or surface water quality; 5) The proposed use will not adversely affect the scenic quality of Rochester or the natural landscapes, environment, wildlife and wildlife habitat; or if such effects are anticipated to occur, the reclamation plan provides for adequate restoration of the site following completion of the excavation activity; 6) The activity will be compatible with existing development and development anticipated in the future, including other uses as shown in the Comprehensive Plan, including but not limited to: patterns of land use, recreational uses, existing or planned development, public facilities, open space resources and other natural resources; 7) The activity will not unduly affect the use and enjoyment of adjacent properties; 8) The site plan provides for adequate buffers and screening year-round from unsightly features of the excavation operation; 9) The reclamation plan provides for adequate and appropriate restoration and stabilization of cut and fill areas; 10) The excavation activity will not result in negative impacts on drainage patterns or stormwater management facilities; 11) The proposed activity will minimize impacts on sinkholes, wetlands and other natural features affecting ground water or surface water quality; 12) The intensity and the anticipated duration of the proposed excavation activity is appropriate for the size and location of the activity; 13) Permanent and interim erosion and sediment control plans have been approved by the City; 14) Surety has been provided that guarantees the site will be fully restored, after completion of the excavation activity, to a safe condition, and one that permits reuse of the site in a manner compatible with the Comprehensive Plan, neighborhood plans, the Land Use Plan and applicable City policies. 15) The proposed activity complies with the requirements of the adopted building code. 61.146 Standards for Conditional Uses: The zoning administrator, Commission, or Council shall approve a development permit authorizing a conditional use unless one or more of the following findings with respect to the proposed development is made: 1) Provisions for vehicular loading, unloading, parking and for vehicular and pedestrian circulation on the site and onto adjacent public streets and ways will create hazards to safety, or will impose a significant burden upon public facilities. 2) The intensity, location, operation, or height of proposed buildings and structures will be detrimental to other private development in the neighborhood or will impose 11 Page 10 Elmcroft Fourth Addition November 14, 2001 undue burdens on the sewers, sanitary and storm drains, water or similar public facilities. 3) The provision for on -site bufferyards and landscaping does not provide adequate protection to neighboring properties from detrimental features of the development. 4) The site plan fails to provide for the soil erosion and drainage problems that may be created by the development. 5) The provisions for exterior lighting create undue hazards to motorists traveling on adjacent public streets or are inadequate for the safety of occupants or users of the site or such provisions damage the value and diminish the usability of adjacent properties. 6) The proposed development will create undue fire safety hazards by not providing adequate access to the site, or to the buildings on the site, for emergency vehicles. 7) In cases where a Phase I plan has been approved, there is a substantial change in the Phase II site plan from the approved Phase I site plan, such that the revised plans will not meet the standards provided by this paragraph. 8) The proposed conditional use does not comply with all the standards applying to permitted uses within the underlying zoning district, or with standards specifically applicable to the type of conditional use under consideration, or with specific ordinance standards dealing with matters such as signs which are part of the proposed development, and a variance to allow such deviation has not been secured by the applicant. 61.147 Conditions on Approval: In considering an application for a development permit to allow a Conditional Use, the designated hearing body shall consider and may impose modifications or conditions to the extent that such modifications or conditions are necessary to insure compliance with the criteria of Paragraph 61.146. M i ROCHESTER PARK AND RECREATION DEPARTMENT 201 FOURTH STREET SE � ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: November 9, 2001 TO: Jennifer Garness Planning RE: Replat of Elmcroft 4th Subdivision Number of dwelling units ............................................. 2" Densityfactor............................................................ .0244 Dedication............................................................... .05 acres Fair market value of land ............................................. $10,000 •applicant only responsible for parkland dedication for the increase in the number of dwelling units as a result of the replatting. The Park and Recreation Department recommends that dedication requirements be met via: Cash in lieu of land in the amount of $500 (.05 acres X $10,000/acre) with payment due prior to recordation of the plat. C:\DSTOTZ\200i\DEDICATIOR\SE 2E95\ELMCR.nFT 4TH REPLnT.DOC rd ROCHESTER Winne9ota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DATE: 11/14/01 The Department of Public Works has reviewed the application for the Elmcroft Fourth Addition freDlat of Lots 20 & 21. Elmcroft 3rd F DEPARTMENT OF PUBLIC WORKS 201 4m Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 property. m 1. Sanitary Sewer & Watermain have recently been extended to serve this, and the surrounding properties. Payment of charges related to Sewer Availability, Water Availability, Sanitary Sewer & Watermain Frontage Charges, and Utility Service Connections is required on this property. 2. Construction of Pedestrian Facilities are required along the entire frontage of this property concurrent with individual lot development, unless a Pedestrian Facilities Agreement is executed. C:\WINDOWS\Temporary Internet Fi1es\0LKa0221FP0148 Elmcroft 4th Addition.doc we pledge, we deliver November 13, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Final Plat #01-48 by Jim Heim to be known as Elmcroft Fourth Addition and approval of a Substantial Land Alteration in certain areas within the development. Dear Ms. Garness: Our review of the referenced final plat and the SLA is complete and we have no objections. The water main system has been installed in this area. Please contact us at 507-280-1600 if you have questions. Very truly yours, 064A R141 Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 REQUEST FOR COUNCIL ACTION MEETING DATE: 11-19-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING _ 13 VI DESCRIPTION: Final Plat #01.49 by Dan Sodberg to be known as Northview Second PREPARED BY: division. This Plat proposes to resubdivide Lot 1, Block 2, Northview First Subdivision Theresa Fogarty, into 3 lots for commercial development. The property is located along the east side of 400' Planner Avenue NW, west of Douglas Trail and south of 41" Street NW November 14, 2001 Planning Department Review: The Planning Staff has reviewed the submitted final plat in accordance with the Rochester Zoning Ordinance and Land Development Manual, Section 61.225 and would recommend approval subject to the following condition: 1. The Final Plat be revised identifying the 20' public utility easement for the water main installed as apart of the development of Lot 1, Block 1. Council Action Needed: 1. A resolution approving the plat can be adopted. Enclosures., (To be submitted separately to the City Clerk by the Planning Staff upon receipt from the Applicant) 1. City Clerk's Copy of Applications 2. Recording Statement 3. Treasurer/Auditor's Statement Recording Fee Title Opinion 6. 1 Original Plat Mytar 7. 2 Mytar Copies of Plat Attachments: 1. Staff report dated, November 14, 2001. Distribution: 1. City Administrator 2. City Clerk 3. City Attorney 4. Planning Department File 5. Planning Department, GIS Division 6, Applicant: This item will be considered sometime after 7:00 p.m. on Monday, November 19, 2001 in the Council Chambers at the Rochester / Olmsted County Government Center. 7. Yaggy Colby Associates --JNCILACTION: Motionby: second by: to: Nanhem Kids Golf Course J Final Plat #01-49 Northview 2nd Subdivision 1,200' Notification Distance Ward 3 McConnell 11 /07/01 R ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 CCU N r r OF www.01mstedcounty.com/pianning TO: Common Council and Mayor FROM: Theresa Fogarty DATE: November 19, 2001 RE: Final Plat #01-49 Northview, Second Subdivision — Item No. E-13 The following condition needs to be added: 2. A new Declaration Maintenance Agreement for the Stormwater Detention Facility be executed to include the subdividing of Lot 1, Block 2 into three parcels to be known as Lots 1, 2, 3, Block 1, Northview Second Subdivision. BUILDING CODE 5071285-8213 - GIS/ADDRESSING/MAPPfNG 507/285-8232 - HOUSING/HRA 5071285-8224 PLANNING/ZONING 507/285-8232 - WELL/SEPTIC 507/285-8345 FAX 507/287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER awl. ran J rl Z O Q7 r) O 6 W �i O � Z u W F— F— <L J ia_ z J USN o co V � u YOO J z �®. B }' i"• rid � FP S gas •{I � _e :Ia •i G E8 6a �' � ly Z O- F v > - Fa" jat y E# Et tF f f F �� .aE N itY: erU��Pg TRPlI e J l 1 0 s l 0 0 l e p177� � va N Fl ED Ic .vN yy M3� n—I n v -j i n CL r-- LB'l04 .S4,2f1SE A 'M'N 30N3AY H104 A r7NO�jm 41 �� C n lJ Ifaamn37 T J�I1 1 II GCUU .A ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 CC U N T Y OF www.olmstedcounty.com/planning TO: Rochester Common Council FROM: Theresa Fogarty, Planner DATE: November 14, 2001 D'i 60CH ESTER.,tll1.4F✓ ti •. J� Rq TF.11�AUGUST` RE: Final Plat #0149 by Dan Soderberg to be known as Northview Second Subdivision. This Plat proposes to resubdivide Lott, Block 2, Northview First Subdivision into 3 lots for commercial development. The property is located along the east side of 40th Avenue NW, west of the Douglas Trail and south of 415t Street NW. Planning Denartment Review: Applicant/Owner: D & B Properties of Rochester LLC Dan Soderberg' 3730 NW 40`" Avenue Rochester, MN 55901 Surveyors/Engineers: Yaggy Colby Associates 717 Third Avenue SE Rochester, MN 55904 Referral Comments: 1. Rochester Public Works Department 2. Rochester Public Utility Department — Water Division Report Attachments: 1, Referral Comments (2 Letters) 2. Copy of Final Plat 3. Location Map Plat Data: Location of Property: This plat is located along the east side of 40" Avenue NW, west of the Douglas Trail and south of 41 st Street NW. Roadways: There are no new roadways being dedicated with this Plat. BUILDING CODE 507/285-8213 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/285-8224 •.n�ww• PLANNING20NING 507/285-8232 • WELUSEPTIC 507/285-8345 FAX 5071287-2275 ("'rOOO AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 Northview Second Subdivision November 14, 2001 Pedestrian Facilities: Site Development Plan approval will be required at the time of individual lot development, which will address pedestrian facilities. Wetlands: Minnesota Statutes now require that all developments be reviewed for the presence of wetlands or hydric soils. The Soils Survey does not indicate hydric soils within this Plat. Drainage: Grading Plans will be reviewed through the permitting process for each lot at the time of development. Public Utilities: Utilities are currently available to serve the property, The 20' public utility easement for the water main installed as a part of the development of Lot 1,Block 1 must be shown on the plat. Spillover Parking: Parking for the development of each lot will be determined at the time of Site Development Plan Review. Parkland Dedication: The property will not be used for residential development, therefore, there are no parkland dedication requirements. Preliminary Plat: According to Section 61.221 of the Land Development Manual "A subdivision in which all proposed lots front on a platted or dedicated street right-of-way and no major changes to the right- of-way are proposed may be exempted from the requirements of this paragraph (Land Subdivision Permit). Planning Staff and Recommendation: The Planning Staff has reviewed the submitted final plat in accordance with the Rochester Zoning Ordinance and Land Development Manual, Section 61.225 and would recommend approval subject to the following condition: 1. The Final Plat be revised identifying the 20' public utility easement for the water main installed as a part of the development of Lot 1, Block 1.. Reminder to Applicant: Prior to development, the property owner will need to execute a City / Owner Contract for construction of all public infrastructure and utilities to serve this subdivision, if the extension of public watermain and/or addition of hydrants is required for individual lot development. t i � • �' we pledge, we deliver November 13, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Final Plat #01-49 by Dan Soderberg to be known as Northview Second Subdivision. Dear Ms. Gamess: Our review of the referenced final plat is complete and our comments follow: 1. The 20' public utility easement for the water main installed this year as apart of the development of Lot 1, Block 1 must be shown on the plat. Please contact us at 507-280-1600 if you have questions. Very truly yours, 064A L�' Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Dan Soderberg Yaggy Colby Associates Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 11/15/01 15:04 FAX 507 287 2275 ROCH-OLM PLANNING DEPT. - CTY ADMIN MC Q002 rpu we pledge, we deliver 507/280-1579 November 14, 2001 TO: Jennifer Garness, Planning Department Rochester -Olmsted Planning Department FROM: Michael J. Engle, Supv. of Distribution Design Rochester Public Utilities SUBJECT: Final Plat #01-49 by Dan Soderberg to be known as Northview Second Subdivision, This Plat proposes to resubdivide Lot 1, Block 2, Northview First Subdivision into 3 lots for commercial development. The property is located along the east side of 4& Avenue NW, west of the Douglas Trail and south of 41 a Street NW. RPU's Operations Division review of the referenced Final Plat is complete and our comments follow: Electrical Facilities were installed to serve this parcel as Lot 1, Block2, Northview First. If the re -platting of this property causes any existing electric facilities to be relocated it will be done at the owner/developer's expense. Sincerely, Michael J. Engle mje Rochester Public Utilities, 4000 East River Rood NE, Rochester, MN 55906-2813 telephone 507.280.1540 Facsimile 507.280.1542 website www.rpu.orc � %� a►11a� /P/innedota DEPARTMENT OF PUBLIC TO: Consolidated PlanningDepartment WORKS p 201 4�' Street BE Room 108 2122 Campus Drive SE Rochester, MN 55904-3740 Rochester, MN 55904 507-287-7800 FAX — 507-281-6216 FROM: Mark E. Baker DATE: 11/14/01 The Department of Public Works has reviewed the application for Final Plat #01-49, on the Northview Second Subdivision (reolat of Lot 1, Block 2, Northview 1" Subd)) property. 1. Site Development Plan approval will be required at the time of individual lot development. 2. If the extension of public watermain and/or addition of hydrant(s) is required for individual lot development, execution of a City -Owner Contract will be required. Charges/fees applicable to the development of this property have previously been paid. C:\WINDOW&Temporary Internet FIIes101_KB02ZFP01-49 Northview 2nd Subd.doc REQUEST FOR COUNCIL ACTION MEETING �I DATE: 11 /19/01 AGtN1JA 5t(;110N: PUBLIC HEARINGS November 14, 2001 ORIGINATING DEPT: ITEM NO. PLANNING — I Zoning Ordinance Text Amendment to Section 60.200, 62.272, and 62.390 —Use PREPARED or Storage Containers. I John Harford, City Planning and Zoning Commission Recommendation: On September 26, 2001 the CP&ZC initiated text amendments to Section 60.200 and 62.272 after discussions that started in the spring. A public hearing was held by the CPZC on October 10, 2001. The CPZC continued the amendment process to review alternative wording on October 24, 2001. On October 24, 2001 the CP&ZC discussed voted to approve the proposed text amendment. The CPZC recommended approval of a text amendment that 1) provides a definition of storage container, 2) allows for the use of storage containers in residential zoning districts on school and park property with limitations, 3) establishes standards to apply in the commercial and industrial districts. Three options were presented to the CPZC for storage containers located in parks or at school sites. The CPZC recommends that the storage containers be permitted as temporary uses for a period not to exceed 6 months in any one year. In the B-4, M-1, and M-2 districts storage containers are limited in lot coverage, location and height; there must be site improvements to screen the containers; and containers must be maintained. nning Department Recommendation: See the attached staff report dated November 14, 2001. Staff recommends approval of the text amendment as amended by the CPZC. One leasing company recently notified the Planning Department that some companies are now using wooden containers rather than metal containers. In order for these provisions to apply to wooden storage containers staff has added it to the definition. The CPZC was not made aware of such a possibility during the public hearing. Council Action Needed: The Council should pass an ordinance approving the text amendment. Attachments: 1. Staff report and proposed text amendment dated November 14, 2001. 2. Staff report dated October 11, 2001. 3. Minutes of the CP&ZC meetings of October 10th and October 24, 2001 JNCILACTION: Motior,bv: Secondbv: to: �z 'r ROCHESTER-OLMSTED PLANNING DEPARTMENT k 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 I�o�s�lt�m.c!mn CO UN TV OF www.olmstedcounty.com/planning TO: CITY COUNCIL FROM: JOHN HARFORD DATE: NOVEMBER 14, 2001 RE: City Initiated Text Amendment #01-12 to amend Sections 60.200, 62.390 and related sections of the Rochester Zoning Ordinance and Land Development Manual (LDM) that address the use of storage containers. The CPZC reviewed the issue of storage containers at the October I Oth meeting and reviewed the suggested language. The CPZC voted to continue the hearing until October 24"'.and instructed staff to make the changes discussed at the hearing. The amended language approved by the CPZC is provided below. Changes to the current ordinance are italicized. Sut=_eested Changes: 60.200 DEFINITIONS: Storage Container. An all -metal structure, or made of other construction materials, fully enclosed, used for storage purposes, and is accessory and detached from the principal building. Storage containers are individual units that are periodically removed from a property by truck and are considered a structure without any attached foundation or footings. A storage container may be a self contained unit that includes wheels and is licensed as a vehicle or a unit that must be trucked to a site and removed from the trailer used for transport. This definition excludes warming sheds at city parks and schools, sheds and dumpsters or rolloff containers that are used for the collection of solid waste. Storage containers are also referred to as cargo containers, temporary storage containers, portable storage containers, containerized storage devices, semi -trailers or truck -trailers. 2. Section 62.272 Limitation on Use is part of the larger section of the ordinance covering accessory uses in residential zoning districts. The first part is unchanged except to add a subsection number to the existing paragraph. The second paragraph labeled as #2 is the proposed new language. BUILDING CODE 507/285-8213 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/265-8224 ,.�.,,.,.. PLANNING/ZONING 5071285-8232 • WELL/SEPTIC 507/285-8345 FAX 507/287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER ..xaee 1) Non-residential and Accessory Uses: Accessory uses in residential districts shall not include the conduct of any business, trade, or industry, except as provided for in this section, or any private way or walk giving access to such activity and shall not include the boarding of animals or the keeping of fowl or farm animals except as otherwise provided by any provision of the Rochester Code of Ordinances. Accessory uses or structures to a residential principal use may include 1) garages, carports, other parking spaces, swimming pools and tools sheds for the exclusive use of residents on the premises and their guests; 2) summer houses or servants quarters of persons employed on the premises, without kitchen facilities and not rented or otherwise used as a separate dwelling; 3) gardening and the keeping of a limited number of household pets exclusively for the personal enjoyment of residents of the premises; 4) solar apparatus that are used for servicing the principal residence on the lot; 5) private greenhouses for the use by residents of the premises. 2) Storage Containers: Permitted in any zoning district only on public parkland or school sites for a period not to exceed 6 months per year. a) The location of the storage container shall be no closer than 50 feet to a property line adjacent to a residential zoning lot. A storage container shall be no closer than 25 feet to a public street. Where residential dwellings are located across the street from residential dwelling units the storage container must be located a minimum of 50 feet from the property line/right of way line. b) The storage container must bean earth tone color and may have an identification sign a maximum of 2 square feet in area. c) Maintained as specified in Section 62.390(4)(g) Maintenance. In the case of a permanent use of storage containers in a non-residential zoning district the staff suggests the following addition to Section 62.390. 3. 62.390 ACCESSORY BUILDINGS AND STRUCTURES IN NON- RESIDENTIAL DISTRICTS. 4) Storage Containers in Non-residential Districts: Container storage of merchandise is permitted only when incidental to the permitted use located on the same lot, and provided that the container storage area meets the following requirements. These standards do not apply to truck trailers or semi -trailers that are actively being used for the transportation of merchandise and are temporarily located adjacent to loading docks of a principal structure. a) Storage Container Lots: The exterior storage of storage containers by a lease agent or storage container leasing business shall be permitted only in the M-1 and M-2 districts. This use shall be classified as a "Non -Production Industrial" use and must meet the requirements established for that use in the M-1 and M-2 districts. Storage containers shall not be stacked for storage on such lots. A Site Development Plan review and zoning certificate is required for this use. I b) Accessory Use in a Non-residential District: Storage containers are a permitted accessory use only within the B-4, M-1 and M-2 districts far those use categories that permit exterior storage or display as specified by the applicable zoning district standards and site appearance standards, and Section 63.240. A Site Development Plan review and zoning certificate is required for the placement of any storage container in any zoning district where not part of an approved Site Development Plan. c) Storage container location: Storage containers must meet Exterior Storage Standard "S" as specified in Section 63.242(4). Storage containers may be located within the buildable area of a lot and setback from any public right-of- way 25 feet. Storage containers and the container storage area shall not be located on any part of a yard between the front or side street lot line and the principle structure or building. Storage containers may not be located on utility or drainage easements. The area of a lot designated for storage containers shall be located immediately adjacent to the principal structure. d) Maximum permitted height: The maximum height permitted shall be 9%_feet above the finished grade in any district. Storage containers shall not be stacked. Note: This height limitation will exclude the use of any storage container with permanently attached wheels. Staff does not recommend allowing the use of old tractor trailer units as storage containers in any zoning district. e) Site impact: The area of a lot designated for storage containers shall be included as apart of the f oor area and all related calculations including f oor area ratio and landscape area. In no case shall the area on a property designated for storage containers exceed the outer dimensions of the principal structure or 10% of the gross floor area, whichever is less. Where a home center or lumberyard classified as a Non -Production Industrial Use proposes to use storage containers the containers shall be located within the permitted exterior storage area and must be calculated as part of the exterior storage area as regulated by the district and Sections 63.240 and 63.260. Note: Staff is of the opinion that there should be a limit to the area permanently set aside for the placement of storage containers as there is for the size of buildings or buildable area. Storage containers are to be treated as an accessory structure/use to a principal use. Therefore their use should not result in the containers becoming the principal structure and use on the property except where being stored by the leasing company. Subsection e) establishes a limit to the use of the containers. The floor area ratio for the specific district applies in all cases and either the outer dimensions or the 10% gross floor area will apply depending on the type of building. The reason for the outer dimensions and the 10% is to address multi story buildings. f Site improvements: The storage containers shall be located on a paved level surface to prevent shifting, rolling, or other movement. In the B-4 and M-1 districts: 1) the area designated for storage containers shall be required to provide a bufferyard that meets the standard established for the Non -Production Industrial use category; 2) the storage container area shall be completely enclosed by a solid wall made of the same material and the same appearance as the principal structure, and a gate that blocks the view of the storage area; the wall shall be 10 feet in height. The gate shall be securable. A wall will not be required where a home center or lumberyard classified as a Non -Production Industrial Use proposes to use storage containers and the containers are located within the exterior storage area as regulated by the district, and Sections 63.240 and 63.260. Note: As discussed on Oct 101h this sentence has been added along with a similar reference in subsection e above. It recognizes the difference between a retail use with no exterior storage permitted and a home center which is classified as a combined Retail Trade use and Non -Production Industrial use. In the M-2 district the area designated for storage containers shall be required to provide a bufferyard that meets the standard established for the Non -Production Industrial use category. g) Maintenance: The storage containers must be free ofgraffiti, posters, bills or advertising signs. All containers must be free of corrosion, rust, rot, holes or leaks. The containers must be painted. Graffiti and other vandalism must be repaired within two weeks of the incident. A company identification sign no more than 2 square feet in area shall be attached to the storage container. h) General standards: 1) storage containers shall not be connected to utility services; 2) storage containers may not be used to store mixed municipal waste or other solid waste or hazardous, flammable, explosive, corrosive or biologically infectious or contagious materials; 3) the area used to park the storage containers shall be located on a lot that allows the units to be moveable; 4) no object may be stacked or stored on top of a storage container. Temporary Use Permit: Temporary uses in the current ordinance are covered in Sections 62.149(2) and 61.115. It states that the zoning administrator may approve a zoning certificate as a revocable permit for a temporary use for a period not to exceed 12 months. The uses listed indicate that the temporary use could occur on a seasonal or annual basis. However, it is clear that the intent is not to promote a continuous activity or use under the temporary use provision because it would become a permanent use as is covered in Section 62.149(2). Section 62.149(2) and 61.115 can still be used by any applicant for a temporary use covering storage containers. CPZC recommends the addition of a subsection to 61.115 Approval of Temporary Uses. 5) Storage Containers: Storage containers placed as temporary uses may not block fire lanes, no parking zones or restrict emergency vehicles, delivery or other vehicle circulation. The placement of the container shall not block the visibility for vehicles or pedestrians entering or exiting the site. No solid or hazardous waste or hazardous material is permitted in or around the storage containers. No materials may be stacked or stored on top of the storage container. Staff Recommendation: Staff recommends the following findings: 1. There is a public need for the amendment. The current ordinance provisions have required some interpretation on the part of staff. With the adoption of these requirements a common set of standards will be applied to all applicants in a fair and even manner. 2. The amendment will accomplish one or more of the purposes of the ordinance by providing an equitable solution to this land use conflict. The proposed regulations will address visual impact of storage containers and the potential for uncontrolled use of the containers throughout the city. 1 The adoption of the amendment is lawful. The city attorney has been notified of the provisions of the ordinance and had not identified any legal issues with its application. 11 '" RO WER-OLMSTED PLANNING DEPARTMENT L 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 COY„„ OF www.olmstedcounty.com/planning TO: CITY PLANNING AND ZONING FROM: JOHN HARFORD DATE: OCTOBER 1, 2001; OCTOBEO 11, 2001 t iu�ia��lU�rl� Apnrr�Ip�n ! ♦`a�9�1.`�=UI RE: City Initiated Text Amendment #01-12 to amend Sections 60.200, 62.390 and related sections of the Rochester Zoning Ordinance and Land Development Manual (LDM) that address the use of storage containers. The CPZC reviewed the issue of storage containers at the October loth meeting and reviewed the suggested language. The CPZC voted to continue the hearing until October 24`h.and instructed staff to make the changes discussed at the hearing. The amended language is provided below. Additions or changes are italicized, in bold print and underlined. Su¢Qested Changes: The staff recommends the following changes to the current ordinance language and standards. The new language based on staff review and CPZC review on Oct. 10`h is bold, italicized and underlined. 1. 60.200 DEFINITIONS: Storage Container: An all -metal structure fully enclosed, used for storage purposes, and is accessory and detached from the principal building. Storage containers are individual units that are periodically removed from a property by truck and it is considered a structure without any attached foundation or footings. A storage container may be a self contained unit that includes wheels and is licensed as a vehicle or a unit that must be trucked to a site and removed from the trailer used for transport. This definition excludes warming sheds at city Parks and schools, sheds and dumpsters or rolloff containers that are used for the collection ofsolid waste. Storage containers are also referred to as cargo containers, temporary storage containers, portable storage containers, containerized storage devices, semi- trailers or truck -trailers. 2. Section 62.272 Limitation on Use is part of the larger section of the ordinance covering accessory uses in residential zoning districts. The first part is unchanged BUILDING CODE 507/285-8213 • GIS/ADDRESSING/MAPPING 5071285-8232 • HOUSING/HRA 507/285-8224 ,. ,.,.. PLANNING20NING 507/285-8232 • WELUSEPTIC 5071285-8345 FAX 507/287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER except to add a subsection number to the existing paragraph. The second paragraph labeled as #2 is the proposed new language. 1) Non-residential and Accessory Uses: Accessory uses in residential districts shall not include the conduct of any business, trade, or industry, except as provided for in this section, or any private way or walk giving access to such activity and shall not include the boarding of animals or the keeping of fowl or farm animals except as otherwise provided by any provision of the Rochester Code of Ordinances. Accessory uses or structures to a residential principal use may include 1) garages, carports, other parking spaces, swimming pools and tools sheds for the exclusive use of residents on the premises and their guests; 2) summer houses or servants quarters of persons employed on the premises, without kitchen facilities and not rented or otherwise used as a separate dwelling; 3) gardening and the keeping of a limited number of household pets exclusively for the personal enjoyment of residents of the premises; 4) solar apparatus that are used for servicing the principal residence on the lot; 5) private greenhouses for the use by residents of the premises. 2) Storage Containers in Residential Districts: Storage containers of any size shall not be a permitted principal or accessory use of any property within a residential zoning district. This prohibition shall not apply to temporary uses as covered in Section 61.115. An alternative to excluding storage containers from residential zones would be to allow them on public parkland/school sites but meeting certain standards. Section 62,272 Subpart #2 would be reworded as follows: 2) Storage Containers in Residential Districts: Storage containers of any size shall not be a permitted principal or accessory use of any property within a residential zoning district, except on public parkland or schools. This prohibition shall not apply to temporary uses as covered in Section 61.115. Storage containers located on public parkland or school property must meet the following standards where adjacent development consists of residential dwellings located within 200 feet of a proposed storage container: a) Storage containers shall be setback a minimum of 50 feet from lot lines. b) Storage containers must be placed on a paved level surface and access must be on a paved driveway or parking facility. c) A bufferyard Class D shall surround the area used for the storage container. Where a storage container is located on a surface parking facility a solid wood fence must surround the storage container. d) Storage containers must be an earth tone color. e) Storage containers shall be maintained as specified in Section 62.390(4)(e) Maintenance, and may have an identification sign a maximum oft square feet in area. f A zoning certificate shall be required. Where a storage container is proposed to be located more than 200 feet from a residential dwelling the following standards apply: g. Storage containers shall be setback a minimum of 50 feet from lot lines. h. A zoning certificate is required. L Storage containers must be an earth tone color. j. Storage containers shall be maintained as specified in Section 62.390(4)(2) Maintenance, and may have an identification sign a maximum oft square feet in area. If the CPZC believes that it is reasonable to allow seasonal but not permanent use of storage containers located on public parkland staff suggests the following language. 6) Storage Containers: Permitted in any zoning district only on public parkland or school sites for a period not to exceed 3 months per year. a) The location of the storage container shall be no closer than 50 feet to a Property line adjacent to a residential zoning lot. A storage container shall be no closer than 25 feet to a public street. Where residential dwellings are located across the street from residential dwelling units the storage container must be located a minimum of 50 feet from the property line/rieht of way line. b) The storage container must bean earth tone color and may have an identification sign a maximum oft square feet in area. c) Maintained as specified in Section 62.390(4)(e) Maintenance. Staff recommends that you treat storage container use in parks as permanent uses and use the second option listed above. In the case of a permanent use of storage containers in a non-residential zoning district the staff suggests the following addition to Section 62.390. 3. 62.390 ACCESSORY BUILDINGS AND STRUCTURES IN NON- RESIDENTIAL DISTRICTS. 4) Storage Containers in Non-residential Districts: Container storage of merchandise is permitted only when incidental to the permitted use located on the same lot, and provided that the container storage area meets the following requirements. These standards do not apply to truck trailers or semi -trailers that are actively being used for the transportation of merchandise and are temporarily located adjacent to loading docks of a principal structure. a) Storage Container Lots: The exterior storage of storage containers by a lease agent or storage container leasing business shall be permitted only in the M-1 and M-2 districts. This use shall be classified as a "Non -Production Industrial " • use and must meet the requirements established for that use in the M-1 and M-2 districts. Storage containers shall not be stacked for storage on such lots. A Site Development Plan review and zoning certificate is required for this use. b) Accessory Use in a Non-residential District: Storage containers are a permitted accessory use only within the B-4, M-1 and M-2 districts for those use categories that permit exterior storage or display as specified by the applicable zoning district standards and site appearance standards, and Section 63.240. A Site Development Plan review and zoning certificate is required for the placement of any storage container in any zoning district where not part of an approved Site Development Plan. c) Storage container location: Storage containers must meet Exterior Storage Standard "S" as specified in Section 63.242(4). Storage containers may be located within the buildable area of a lot and setback from any public right-of- way 25 feet. Storage containers and the container storage area shall not be located on any part of a yard between the front or side street lot line and the principle structure or building. Storage containers may not be located on utility or drainage easements. The area of a lot designated for storage containers shall be located immediately adjacent to the principal structure. d) Maximum permitted height: The maximum height permitted shall be 9% feet above the finished grade in any district. Storage containers shall not be stacked. Note: This height limitation will exclude the use of any storage container with permanently attached wheels. Staff does not recommend allowing the use of old tractor trailer units as storage containers in any zoning district. e) Site impact: The area of a lot designated for storage containers shall be included as a part of the floor area and all related calculations including floor area ratio and landscape area. In no case shall the area on a property designated for storage containers exceed the outer dimensions of the principal structure or 10% of the gross floor area, whichever is less. Where a home center or lumber vard classified as a Non -Production Industrial Use proposes to use storage containers the containers shall be located within the permitted exterior storage area and must be calculated as part of the exterior storage area as regulated by the district and Sections 63.240 and 63.260. Note: Staff is of the opinion that there should be a limit to the area permanently set aside for the placement of storage containers as there is for the size of buildings or buildable area. Storage containers are to be treated as an accessory structure/use to a principal use. Therefore their use should not result in the containers becoming the principal structure and use on the property except where being stored by the leasing company. Subsection e establishes a limit to the use of the containers. The floor area ratio for the specific district applies in all cases and either the outer dimensions or the 10% gross floor area will apply depending on the type of building. The reason for the outer dimensions and the 10% is to address multi story buildings. Site improvements: The storage containers shall be located on a paved level surface to prevent shifting, rolling, or other movement. In the B-4 and M-1 districts: 1) the area designated for storage containers shall be required to provide a bufferyard that meets the standard established for the Non -Production Industrial use category; 2) the storage container area shall be completely enclosed by a solid masers wall made of the same material and the same appearance as the principal structure, and a gate that blocks the view of the storage area; the wall shall be 10 feet in height. The gate shall be securable. A wall will not be required where a home center or lumber yard classified as a Non -Production Industrial Use proposes to use storage containers and the containers are located within the exterior storage area as regulated by the district, and Sections 63.240 and 63.260. Nate: As discussed on Oct 10 this sentence has been added along with a similar reference in subsection a above. It recognizes the difference between a retail use with no exterior storage permitted and a home center which is classified as a combined Retail Trade use and Non -Production Industrial use. In the M-2 district the area designated for storage containers shall be required to provide a bufferyard that meets the standard established for the Non -Production Industrial use category. g) Maintenance: The storage containers must be free of graffiti, posters, bills or advertising signs. A11 containers must be free of corrosion, rust, rot, holes or leaks. The containers must be painted. Graffiti and other vandalism must be repaired within two weeks of the incident. A company identification sign no more than 2 square feet in area shall be attached to the storage container. h) General standards: 1) storage containers shall not be connected to utility services; 2) storage containers may not be used to store mixed municipal waste or other solid waste or hazardous, flammable, explosive, corrosive or biologically infectious or contagious materials; 3) the area used to park the storage containers shall be located on a lot that allows the units to be moveable; 4) no object maybe stacked or stored on top of a storage container. Temporary Use Permit: Temporary uses in the current ordinance are covered in Sections 62.149(2) and 61.115. It states that the zoning administrator may approve a zoning certificate as a revocable permit for a temporary use for a period not to exceed 12 months. The uses listed indicate that the temporary use could occur on a seasonal or annual basis. However, it is clear that the intent is not to promote a continuous activity or use under the temporary use provision because it would become a permanent use as is covered in Section 62.149(2). Section 62.149(2) and 61.115 can still be used by any applicant for a temporary use covering storage containers. Staff recommends the addition of a subsection to 61.115 Approval of Temporary Uses. 5) Storage Containers: Storage containers placed as temporary uses may not block f re lanes, no parking zones or restrict emergency vehicles, delivery or other vehicle circulation. The placement of the container shall not block the visibility for vehicles or pedestrians entering or exiting the site. No solid or hazardous waste or hazardous material is permitted in or around the storage containers. No materials may be stacked or stored on top of the storage container. Staff Recommendation: Staff recommends that the CPZC recommend approval of the language proposed in this report. Staff recommends that standards be made part of the subsection that addresses storage containers in residential districts if they are permitted. Staff recommends the following findings: 2. There is a public need for the amendment. The current ordinance provisions have required some interpretation on the part of staff. With the adoption of these requirements a common set of standards will be applied to all applicants in a fair and even manner. 3. The amendment will accomplish one or more of the purposes of the ordinance by providing an equitable solution to this land use conflict. The proposed regulations will address visual impact of storage containers and the potential for uncontrolled use of the containers throughout the city. 4. The adoption of the amendment is lawful. The city attorney has been notified of the provisions of the ordinance and had not identified any legal issues with its application. MINUTES OF THE CITY OF ROCHESTER PLANNING COMMISSION 2122 CAMPUS DRIVE SE - SUITE 100 ROCHESTER MN 55904 Minutes of the regularly scheduled meeting of the City Planning and Zoning Commission held on Wednesday, October 24, 2001, at 7:00 p.m. in the Council/Board Chambers of the Government Center, 151 4th Street SE, Rochester, MN. Members Present: Ms. Mary Petersson, Chair; Mr. Randy Stever, Vice Chair; Mr. Michael Quinn; Mr. Paul Ohly; Mr. James Burke; Mr. John Hodgson; Mr. Ardell Brede; and Ms. Leslie Rivas Members Absent: Ms. Lisa Wiesner Staff Present: Mr. Jeff Ellerbusch; Mr. Brent Svenby; Mr. John Harford; and Ms. Jennifer Garness Other City Staff Present: None ADMINISTRATIVE BUSINESS: Mr. Staver made a motion to approve the minutes of October 10, 2001, as written. Mr. Burke seconded the motion. The minutes from October 10, 2001 were approved unanimously. Mr. Staver made a motion to approve the agenda; hearing items C2 (Amendment to General Development Plan #92) and C3 (Preliminary Plat #01-28) together and hearing items C6 (Rochester Urban Service Land Use Plan Map Amendment #01- 04), C7 (Zoning District Amendment #01-12), and C8 (General Development Plan #01-167) together. Mr. Quinn seconded the motion. The motion carried unanimously. CONTINUED ITEMS: City Initiated Text Amendment #01-12 to amend Sections 60.200, 62.390 and related sections of the Rochester Zoning Ordinance and Land Development Manual (LDM) that address the use of storage containers. Mr. John Harford presented the staff report, dated October 1, 2001 and October 11, 2001, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Ms. Rivas asked Mr. Harford to explain the reasoning behind alternative three for storage containers in residential zoning districts. Mr. Harford stated that there might be some school sites that are not zoned residential. He explained that he didn't want to exclude them. Mr. Harford explained that staff recommends the second alternative for storage containers in residential zoning districts. ~� r� Page 2 City Planning and Zoning Con ;ion Minutes Hearing Date: October 24, 2001 Ms. Petersson stated that the Park Department should build structures. Mr. Harford stated that he could put something into the RCA to the City Council that indicates the Commission's desire to have built structures on parkland. Mr. Hanford stated that he had not received any comments from Roy Sutherland regarding how many parks the change would affect. Mr. Burke stated that, if they made a maximum amount of time to be three months, it could force the Park Department to create a permanent building. Mr. Burke suggested that the height be one (1) foot higher than the storage unit, instead of puffing an exact measurement. Mr. Quinn suggested Y2 foot higher than the container itself. Ms. Rivas suggested a minimum height of 10 feet. Mr. Harford stated that, by saying 9 1h feet, it excludes used trailers being sold as storage units. He explained that the City of Bryon has had several property owners using those types of units. Mr. Brede asked if roll -off containers and dumpsters were being addressed. Mr. Harford explained that they are covered under exterior storage. He explained that some zoning districts require screening of dumpsters. Mr. Burke asked if tire shops are excluded from the proposed changes. Mr. Harford responded that, because it wouldn't be a fully enclosed unit, it would not be covered under the proposed changes. Mr. Rob Larson, a representative of Trade Mart Furniture located at 3050 7'" Street NW, Rochester MN, addressed the Commission. He expressed concern with making the Park and Recreation Department build a unit after a three-month period. He stated that the storage units cost approximately $200 to move and spend approximately $100 a month to rent. He explained that there are not many buildings you can build for that amount. He questioned if it would be tax -paying money well spent. Mr. Larson explained that Trade Mart couldn't afford to construct a building at the present time. Therefore, they must use storage containers. Ms. Petersson explained that they require other City Departments to build when necessary (i.e. RPU). Mr. Larson stated that they could put a fence around the area where the units are stored. However, they are located in an isolated area that most people do not even see. He questioned if a variance could be issued for those that don't create a nuisance. Mr. Larson explained the hardship of moving containers, emptying them, paving area, moving them back, and refilling the containers. He explained that there is blacktop up to most of the containers presently. Page 3 _ City Planning and Zoning Corn ion Minutes Hearing Date: October 24, 2001 Ms. Petersson asked staff if variances could be granted for isolated areas. Mr. Harford responded that anyone could apply for a variance. He explained the process it would go through with the Board of Appeals. Ms. Rivas asked Mr. Larson if they would move their business at some point, as they could not afford to construct another building. Mr. Larson responded no. He explained that they plan to construct at a later time. Ms. Rivas asked if they would add to their current building or construct a separate structure. Mr. Larson responded that they would construct a separate building. Mr. Stever asked how many storage containers they currently had. Mr. Larson responded 70 to 75 units. With no one else wishing to be heard, Ms. Petersson closed the public hearing. Discussion ensued regarding having a minimum height of the structures of 10 feet Mr. Hodgson suggested using alternative three (3) regarding storage containers in residential districts. He indicated that it would be preferable for the Park Department to consider more permanent structures. He expressed concern with limiting a time period of three (3) months. Therefore, he suggested changing it to a six (6) month period. Mr. Harford stated that some of the temporary uses appear on a seasonal basis. If the Commission chooses the third (3) alternative, he questioned if it would be something they would see as an intermittent use once every 3 years or something they would accept on a three (3) or six (6) month basis. Mr. Hodgson expressed concern with vandalism on units that stay in a certain location for a long period of time. He suggested letting the units be used year after year, but have a time limit placed on how long they can stay in that certain place at one time. Mr. Brede asked if the motion included a minimum height. Mr. Harford suggested amending the motion to include a minimum height. 11 Page 4 City Planning and Zoning Corr :ion Minutes Hearing Date: October 24, 2001 fhe':motronas amended; carried WPM 'XVQVI�-P Mr. Brent Svenby pr'6kented the staff report, dated October 18, 20,91, to the Commission. The staff report is on file at\Rochester-Olmstedter-Olmsted Planning Dspart Discussion ensued reg27-29 sharing drivewaysMr. Tony Bigelow, of 2Street, Kasson /itions. ressed the Commission. He explained that he was half of Forbroow Development. He stated that they were in agreement witc mended cHe explained that, at this time, they are not sure who woulers ' of Outlo Ms. Rivas asked if special developmental t iques have been made to avoid intrusion of the seasonal high water table. Mr. Bigelow handed out a memo re explained that most of the decorah tell future homeowners where the < With no one else wishing to be Ms. Rivas explained that she r( the de rah edge shale to the Commission. He is containe in the outlot. He stated that they would hedge is loc ed. Ms. Peterson c sed the public hearing. need to abstain from the Page 10 w • City Planning and Zoning Commission Minutes Hearing Date: October 10, 2001 (LDM) with the staff -recommended find s. Mr. Hodgson second( motion carried 5-1; with Mr. OhI' �votin and Ms. Wiesner absti sections of the Rochester Zoning Ordii address the use of storage containers. the motion. The Mr. John Harford presented the staff report, dated October 1, 2001, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Mr. Harford stated that the Park and Recreation Department questioned if warming sheds would fall underneath the definition of storage containers. He explained to them that it wasn't his intent. Therefore, he suggested that warming sheds at City parks be added to the list of exclusions. Ms. Petersson agreed with the change. Mr. Harford explained that the section referred to under "2) Storage Containers in Residential Districts" and in the alternative language should refer to Section 61.115 and not 61.115(3). Mr. Harford pointed out that the Commission needed to discuss whether or not they wanted to allow storage containers at retail establishments, since exterior storage is not a permitted use for retail. Ms. Wiesner if they would be allowed for construction purposes. Mr. Harford stated that staff could issue a temporary use permit. He explained that the permit would be good for one year. Discussion ensued regarding screening storage containers and long-term maintenance. Ms. Wiesner stated that the suggestion is that the containers be enclosed in an 8 foot high wall. Mr. Harford responded that it would be one way to approach it. Ms. Wiesner expressed concern with people adding a roof to the structure and using it as storage. Mr. Harford stated that the unit would be temporary. However, the masonry wall would not be. He explained that the use would be a permanent use there. He explained that a zoning certificate would be required and perhaps a building permit. Mr. Harford explained that the intent is to screen the containers. Discussion ensued regarding the site impact. Mr. Burke asked if the containers would be required to be placed on a paved surface, if they received a temporary permit. Page I City Planning and Zoning Corrunission Minutes Hearing Date: October 10, 2001 Mr. Harford explained that the Building and Safety Department and Fire Department do not want to issue permits if the containers are not wired. Mr. Harford asked the Commission if they wanted him to look closer at site impact. Ms. Petersson and Ms. Wiesner responded yes. Mr. Wheeler stated that the site plan review for most new commercial shopping centers, buildings plans, etc. is extensive. He explained that much of the work would be in vain if much of the lot area is being used for an a foot high wall with storage containers. Some limitation on the area that is devoted to storage containers makes sense. Mr. Wheeler explained that outdoor storage is only allowed for certain types of uses under certain circumstances. Mr. Wheeler stated that the use that has generated the most complaints was the use of storage containers between Kmart and 3rd Avenue South. Mr. Harford stated that there needs to be a limit on the amount of area that can be used for this type of use. He indicated that he would review items 3) c) and 3) e) to see how they can work together and to make a distinction between the types of uses by a store like Menards and a store like Kohls. Mr. Harford stated that stacking would not be allowed on the storage sites. He stated that Mr. Moulton had indicated that they could be stacked, based on the construction of the units. However, safety would be a concern when stacking them on a gravel area. Also, they would not be screened appropriately. Mr. Harford asked the Commission if he should make a change allowing them for a retail use. The Commission came to a consensus for Mr. Harford to make the change. Mr. Burke asked Mr. Harford to assess the method of enclosing the containers. Ms. Rivas asked if there was a maximum amount of time a person could apply for a temporary permit. Mr. Harford responded that a temporary permit would be issued for one year. He explained that, if a person wanted to continue the use, they would need to apply for an additional temporary use permit once theirs expired. Mr. Rob Larson, of 621 Elton Hills Drive NW, Rochester MN, addressed the Commission. He stated that he was present to represent Trademart Furniture. He explained that they use a number of storage containers until they can build another warehouse. Mr. Larson stated that there isn't a storage unit made that is less than a''/: feet tall. He stated that 9 % feet is the most commonly used container. Mr. Larson asked that the Commission adopt the language to allow retail businesses to use storage containers. J Page 12 City Planning and Zoning Commission Minutes Hearing Date: October 10, 2001 Mr. Larson expressed concern with having to build a wall and footings to shield the containers. He stated that it would add congestion and create a problem for trucks to maneuver around. Also, it would be cost prohibitive for them to continue to use the storage containers they presently own. Ms. Petersson asked what Trademart was currently zoned. Mr. Larson responded B-4. He stated that they did not receive any permits, as they did not know that they were to obtain them. Ms. Rivas asked if there are residential homes to the south of the property. Mr. Larson responded no. Ms. Rivas asked how many containers Trademart owned. Mr. Larson responded 70. He indicated that the majority of them were painted. Ms. Rivas asked how purchasing 70 containers would be less expensive than constructing an additional warehouse. Mr. Larson explained that the additional warehouse would cost approximately $2 million. Mr. Robert DeWitz, of 604 11the Avenue NW, Rochester MN, addressed the Commission. He explained that he had semi -trailers that are parked in subdivisions while the houses are being constructed. He stated that they do not move the trailers often while constructing the subdivision. He stated that they keep their lumber in the trailer. Mr. DeWitt asked if there had been any complaints received over the years with regard to the trailers. Mr. Harford responded yes. However, he indicated that present text amendment would not address the type of use Mr. DeWitz uses. Ms. Wiesner moved to continue C.ltylmtiated Text Amendment..#, 01 12 to October. 24, ' 2001 Mr Hodgson seconded the` motion The'motioncarried 7-0. Mr. Harford asked the Commission to call him with any further suggestions. The Commission took a five-minute break. REQUEST FOR COUNCIL ACTION MEETING 11-19-01 , DATE: ArFNnA .gFCTION- ORIr;IN ATING nFPT- ITFM N2 PUBLIC HEARINGS PUBLIC WORKS n APPLICATIONS FOR YEAR 2002 STATE TRANSIT PRFPARFn RY- ASSISTANCE 1 A KNAUER 1 This is a public hearing to consider two separate applications for operating assistance from the State of Minnesota for 2002 regular route and dial -a -ride services. Exhibit "A" provides a summary of funding sources for each program. The applications are subject to negotiation with the State and the Council's budget deliberations. Beginning in 2002 local governments are prohibited from using property tax levy to support transit operations. Local levy can still be used for transit capital improvements. Regular Route The application for regular route requests $1,282,349 in State operating funds. This includes $211, 474 in property tax relief funding. It's projected that program revenues (fares and advertising) will cover approximately 40% of total expenses. The application provides for increased wages and the addition of 1.5 driver positions. Dial -A -Ride The application for dial -a -ride requests $306,232 in State operating assistance funds including $95,107 in property tax relief funds. The application provides for the approximately 2 additional vehicles hours of service on weekdays. This will be used as needed to relieve sporadic demand and decreased travel times. REQUESTED COUNCIL ACTION (1) Adopt the prepared resolution authorizing submission of the an application to the State of Minnesota for 2002 transit assistance for regular route operations and the signing of any subsequent grant contract with MNDOT by the Mayor and City Clerk. (2) Adopt the prepared resolution authorizing submission of the an application to the State of Minnesota for 2002 transit assistance for dial -a -ride operations and the signing of any subsequent grant contract with MNDOT by the Mayor and City Clerk. JCIL ACTION: Motion by: Second by: to: NOTICE OF PUBLIC HEARING APPLICATIONS FOR STATE TRANSIT ASSISTANCE Notice is hereby given that a public hearing will be held by the Common Council of the City of Rochester, Minnesota at 7:00 p.m., Monday, November 19, 2001 in the County/ City Board Room at the Government Center located at 201 4th Street SE for the purpose of considering applications for State transit assistance funds for 2002 as further described below. APPLICATION DESCRIPTION LOCAL(1) STATE FEDERAL TOTAL 1. REGULAR ROUTE A. Operating Assistance for 2002 Regular Route Transit Service $1,111,800 $1,282,349 $372,961 $2,767,110 2. DIAL -A -RIDE A. Operating Assistance for 2002 Dial -a -Ride Service $149,288 $306,232 $- 0 - $455,520 (1) Local includes program revenues (fares, advertising revenue & sponsorships ) SERVICE LEVELS: The proposed funding will provide for a slight expansion of services for both regular route and dial -a -ride. A description of these expanded services are included in the applications for State transit assistance. At the hearing opportunity will be provided for persons to be heard with respect to the project. Interested individuals may also submit comments in writing to the address below. Further information regarding these applications can be obtained by contacting the Rochester Department of Public Works, Transportation Division, 201 4th street SE, Rochester, MN 55904 Judy Scherr, City Clerk Print: 10/31/2001 11/17/2001 REQUEST FOR COUNCIL ACTION MEETING DATE: 11-19-01 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING ❑EPT: I ITEM NO_ Public Works :M DESCRIPTION: Permit Parking Petition from Edison Neighborhood PREPARED BY: c,p D. Rossman This is a Public Hearing to establish Permit Parking on 81h Avenue SW / 600 block. The residents have petitioned the City to establish Permit Parking on their street, to control all day parking during weekdays The area is shown on the attached map. This petition is from within the Edison Neighborhood where Permit Parking has already been established on six blocks. The petition has been reviewed as to meeting the requirements of R.C.O. #138 and staff finds that all conditions are met. The petition is to add a street to an existing zone. The street requested is impacted heavily by all day parking Monday thru Friday from a source outside the neighborhood. There is a "No Parking" restriction on the east side of this street due to the pavement width. This is to remain. The petition has signed by the following percentage of abutting property owners or residents: Block street/row width # of signers # of owners % signing Notes 8u' Avenue SW / 600 block 24/75 8 10 80 % I W i I 1_....... co .._......__ ;t L tom. I t---f I COUNCIL ACTION REQUESTED: Adopt the prepared resolution making the following changes to the Comprehensive Traffic & Parking Resolution Book: A) adding paragraphs (6) to Zone #6 (Edison Neighborhood) of section L "Residential Permit Parking to be effective from 8:00 am to 4:00 pm Monday thru Friday" (8) 8d' Avenue SW / 600 block, on the west side of the street.1""' COUNCIL ACTION: Notion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPT Public Works :M DESCRIPTION: PROJECT HEARING: Curb, Gutter & Overlay on 6th Ave SE from 16 1/2 St SE to End of Cul- de Sac (J9607) This is a Hearing to consider the following local improvement project: Project Number 6306-2-00 (J9607) Project Name Curb, Gutter & Overlay on 6th Ave SE from 16 1/2 St SE to End of Cul-de Sac ITEM NO. PREPARED BY: R. Kelm fZ K- Project Background The existing street was constructed with bituminous curb in 1977. The roadway section has a Pavement Condition Index (PCI) rating of 68. A petition for said project was referred to Public Works at the January 19, 2000 City Council meeting. An informational meeting was held with the abutting property owners on October 9, 2001. Their support for a rehabilitation project resulted in this preparation of the Engineer's Feasibility Report and request for project and assessment hearing. Estimated Project Costs Feasibility Cost Construction: 2200 Bituminous Pavement Rehab w/ ci 0-59 $42 000.00 8307 Sidewalk Replacement $2 000.00 Storm Sewer Repairs/Upgrades $4 900.00 Sub Total $48 900.00 En ineerin Interest Contin envies 12% $5 868.00 TOTAL 1 $54,768.00 Project Cost Distribution Distribution: special Assessments - Frontage $17 549.24 S eclat Assessments - Sidewalk $785.11 8307 Sidewalk Replacement $1 454.89 2200 Bituminous Pavement Rehab w! ci 0-59 $29 490.76 Storm Sewer Re2airs/U22rades $5 488.00 TOTAL $54,768.00 Assessment Period All special assessments may be levied for a period of ten years with interest charged at a rate of 7.5% annually on the unpaid balance, or they may be paid in full when levied. COUNCIL ACTION REQUESTED: Adopt the resolution ordering the project to be made. Attach: Feasibility Report, Map UNCIL ACTION: Motion by: Second v REPORT ON THE FEASIBILITY OF A PROPOSED LOCAL IMPROVEMENT PROJECT FOR: CURB, GUTTER & OVERLAY ON 6TH AVE SE FROM 16 1/2 ST SE TO END OF CUL-DE SAC October 10, 2001 Honorable Mayor & Common Council City of Rochester, Minnesota A resolution proposing certain petition requesting the following project: Curb, Gutter & Overlay on 6th Ave SE from 16 1 /2 St SE to End of Cut -de Sac, was referred to the Public Works Department on January 19, 2000 for preparation of the Engineers Feasibility Report. Feasibilitv Report We report the project is feasible and recommend its construction in the year 2002 based on the current condition of the street and participation by the abutting property owners. The existing street was constructed with bituminous curb in 1977. We recommend that the project be constructed and funded in accordance with the City's Comprehensive Pavement Management Strategy (CPMS). The CPMS is an objective, cost-effective program for the preservation, rehabilitation and reconstruction of the City's infrastructure. The most cost-effective strategy at this time for this street, which has a Pavement Condition Index (PCI) rating of 68, is rehabilitation. Work typically will include the following 1. Removal of existing edges of the roadway and gravel base, boulevard sod 2. Construction of concrete curb and gutter, and driveway aprons 3. Resurfacing of the entire street with bituminous asphalt. 4. Sidewalk sections reviewed for replacement. 5. Boulevard areas re -sodded. This report and the estimated costs for the project are prepared without the benefit of field surveys, soils boring or completed plans and specifications: Feasibility Cost Construction: _ 2200 Bituminous Pavement Rehab wf ci 0.59 $42.000.00 8307 Sidewalk Replacement $2,000.00 Storm Sewer Repairs/Upgrades $4 900.00 Sub Total $48 900.00 En ineerin , Interest, Contingencies 12% $5,868.00 TOTAL $54,758.00 -2— OCTOBER 10, 2001 Assessment Distribution: T'he cost of street rehabilitation, as established by City Council Policy, for the year 2002 w ill be used for this project as follows: Residential Zones ............ $15.98 per assessable foot Commercial Zones........... $23.97per assessable foot Residential comer lot assessments are based on the length of the short side of the lot plus any length greater than 120 feet on the long side if the long side is reconstructed. Curb Gutter Overlay Rates Year 2002 1 feet Total Cost Residential Zones $15.98 1,098.20 $17,549.24 Commercial Zones $23,9 Subtotal $17,549.24 Replacement sidewalk is assessed by the square foot of sidewalk replaced and is assessed directly to the abutting property owner at the following rates: 4" Sidewalk(residential).................................................$5.33 per square foot 5" Sidewalk (commercial)...............................................$6.12 per square foot 6" Sidewalk (at residential drive approaches).................$6.92 per square foot 7" Sidewalk (at commercial drive approaches)...............$7.46 per square foot 6" Conc. Drive Approach (residential)............................$31.95 per square yard Residential comer lot sidewalk assessments are based on the replacement length of the short side of the lot plus half the quantity on long side if the long side is replaced. The long side credit reflects the half dollar amount for all long side quantities. Sidewalks 2002 sq. ft sq. ft Total Cost 4" Sidewalk (residential) $5.33 14T30 S785.11 5" Sidewalk (commercial) $6.12 6" Sidewalk at residential drive approaches) $8.93 7" Sidewalk at commercial drive approaches) $7.46 Subtotal $785.11 credit for long side Subtotal $785.11 Proiect Distribution: Distribution: Special Assessments - Frontage $17,549.24 Special Assessments - Sidewalk $785.11 8307 Sidewalk Replacement $1,454.89 2200 Bituminous Pavement Rehab w! ci 0-59 $29 490.76 Storm Sewer Repairs/Upgrades $5,488.00 TOTAL $54,768.00 Submitted for your consideration: 9.'a (J' A Q Russell Kelm, PE Douglas Nelson, P Design Engineer Engineering Manager P:WROJECTSU-PROJU9607\Design\Doca\feasibility Repert.DOC -3- . OCTOBER 10. 2001 CURB, GUTTER.& OVERLAYON 6TH AVE SE FROM 16 1/2 ST SE TO END OF CUL-DE SAC P:�PROJECTSW-PROJV960"\Design',Docskfeasibiiity Report.DOC -4- OCTOBER 10, 2001 BUDGET AND ASSESSMENT SCHEf1ULF FOR CONSTRUCTION CONTRACT Project No: 6306-2-00 Date: Odober 10, 2001 J No: 9607 Descdption: Curb, Gutter 8 Overlay on 6th Ave SE from 16-1/2 Street S.E. to End of Cul-de Sac Feasibility Cost Engineer Estimate Cost Contract Cost Final Cost Construction: 2200 Bituminous Pavement Rehab wl d 0-59 $42.000,00 8307 Sidewalk Replacement $2.000,00 Storm Sewer Repaim/Upgrades $4.900.00 Sub Total $48,900.00 $0,00 $0.00 lEngineering, Interest, Contin enaes 12% $5,668-00 $0.00 $0.00 TOTAL $54,768.00 $0.00 $0.00 Distribution: Special Assessments - Frontage $17 549.24 $17 549.24 $17 549.24 Special Assessments - Sidewalk $785.11 $785.11 $785.11 8307 Sidewalk Replacement $1 454.89 -$785.11 -$785.11 2200 Bituminous Pavement Rehab Wed 0-59 $29,490.76 -$17 549.24 -$17 549.24 Storm Sewer Re airs/Upqrades $5,488.00 $0.00 $0.00 TOTAL $54,768.00 $0.00 $0.00 Distribution Percentages: Special Assessments 33.48% #OIV/01 #DIV/01 City Street Share 66.52%1 #DIV101 #DIV/01 TOTAL 100.0%1 #ovlol #DIV/01 Notes: Make Initial Disbursement from P. I. R. Fund P:`,PROJECTS\J-PRCJIJ96071DesignlDocs�feasibiiity Report. DOC PETITION FOR LOCAL IMPROVEMENT PROJECT CITY OF ROCHESTERA ll We the undersigned owners of property in ;'!�e ,4F,e 110/G1 0'. f"tdlt1�C� Subdivision, in the City of Rochester, Minnesota, do hereby petition the Rochester City Council to construct the following local improvement project: commencing at and ending at in 199_. We are aware that as owners of property abuttina this proposed project, we are subject to certain charges pursuant to the City of Rochester's Comprehensive Pavement Management Strategy. Name (please print) Address 1. I Aq I � 7 lctA-� ke- Sc `d (D ZS (oTM Avt SE- 0 vie K Dv—&, L— 7- 1_ REQUEST FOR COUNCIL ACTION r i MEETING DATE: 11/19/01 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPT: Public Works M DESCRIPTION: ASSESSMENT HEARING: Curb, Gutter & Overlay on 6th Ave SE from 16 1/2 St SE to End of Cut - de Sac (J9607) This is a Hearing to consider the following local improvement project: Project Number 63D6-2-00 (J9607) Protect Name Curb, Gutter & Overlay on 6th Ave SE from 16 1/2 St SE to End of Cul-de Sac ITEM NO. PREPARED BY: RMKelm Proiect Background The existing street was constructed with bituminous curb in 1977. The roadway section has a Pavement Condition Index (PCI) rating of 68. A petition for said project was referred to Public Works at the January 19, 2000 City Council meeting. An informational meeting was held with the abutting property owners on October 9, 2001. Estimated Protect Costs Feasibility Cost Construction: 2200 Bituminous Pavement Rehab w/ ci 0-59 $42 000.00 8307 Sidewalk Replacement $2 000.00 Storm Sewer Rapairs/Upgrades $4 900.00 Sub Total $48 900.00 lEngineering, Interest Contin envies 12% $5,868.00 TOTAL 1 $54,768.00 Proiect Cost Distribution Distribution: Special Assessments - Frontage $17 549.24 special Assessments - Sidewalk $785.11 8307 Sidewalk Replacement $1 454.89 2200 Bituminous Pavement Rehab w! ci 0-59 $29 490.76 Storm Sewer Repairs/Upgrades $5 488.00 TOTAL $54,768.00 Assessment Period All special assessments may be levied for a period of ten years with interest charged at a rate of 7.5% annually on the unpaid balance, or they may be paid in full when levied. COUNCIL ACTION REQUESTED: Adopt the resolution levying the proposed assessments. Attach: Feasibility Report, Map ---JNCIL ACTION: motion by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11 /19/01 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPT: Public Works W DESCRIPTION: PROJECT HEARING: Curb, Gutter & Overlay on 7th Ave SE from 16th Street to 16'/2 Street SE (J9840) This is a Hearing to consider the following local improvement project: Project Number 6307-2-02 (J9840) Project Name Curb, Gutter & Overlay on 7th Ave SE from 16th Street to 16Y2 Street SE ITEM NO. PREPARED BY: r � R. Kelm Background The existing street was constructed with bituminous curb in 1973. The roadway section has a Pavement Condition Index (PCI) rating of 75. A petition for said project was referred to Public Works at the May 1, 2001 City Council meeting. An informational meeting was held with the abutting property owners on October 9, 2001. Their support for a rehabilitation project resulted in this preparation of the Engineer's Feasibility Report and request for project and assessment hearing. Estimated Project Costs Feasibility Cost Construction: 2200 Bituminous Pavement Rehab w/ ci 0-59 $87 700,00 8307 Sidewalk Replacement $1 900.00 Storm Sewer RepairslUpgrades $4 800.00 Sub Total $94 400.00 En ineerin Interest Contingencies 12% $11 328.00 TOTAL $1b5,728.Od Project Cost Distribution Distribution: Special Assessments - Frontage $24 835.48 Special Assessments - Sidewalk $460.25 8307 Sidewalk Replacement $1 667.75 2200 Bituminous Pavement Rehab w! ci 0-59 $73 388.52 Storm Sewer ReDairs/Uoarades $5 376.00 TOTAL $105,728.00 Assessment Period All special assessments may be levied for a period of ten years with interest charged at a rate of 7.5% annually on the unpaid balance, or they may be paid in full when levied. 401 COUNCIL ACTION REQUESTED: Adopt the resolution ordering the project to be made. Attach: Feasibility Report, Map, Petition UNCIL ACTION: Motion REPORT ON THE FEASIBILITY OF A PROPOSED LOCAL IMPROVEMENT PROJECT FOR: CURB, GUTTER & OVERLAY ON 7TH AVE SE FROM 16 1/2 ST SE TO 16TH ST SE October 16, 2001 Honorable Mayor & Common Council City of Rochester, Minnesota A resolution proposing certain petition requesting the following project: Curb. Gutter & Overlav on 7th Ave SE from 16 1 /2 St SE to 16th St SE, was referred to the Public Works Department on May 1, 2001 for.preparation of the Engineers Feasibility Report. Feasibility Report We report the project is feasible and recommend its construction in the year 2001 based on the current condition of the street and participation by the abutting property owners. The existing street was constructed with bituminous curb in 1973. We recommend that the project be constructed and funded in accordance with the City's Comprehensive Pavement Management Strategy (CPMS). The CPMS is an objective, cost-effective program for the preservation, rehabilitation and reconstruction of the City's infrastructure. The most cost-effective strategy at this time for this street, which has a Pavement Condition Index (PCI) rating of 75, is rehabilitation. Work typically will include the following 1. Removal of existing edges of the roadway and gravel base, boulevard sod 2. Construction of concrete curb and gutter, and driveway aprons 3. Resurfacing of the entire street with bituminous asphalt. 4. Sidewalk sections reviewed for replacement. 5. Boulevard areas re -sodded. This report and the estimated costs for the project are prepared without the benefit of field surveys, soils boring or completed plans and specifications: Feasibility Cost Construction: 2200 Bituminous Pavement Rehab w/ ci 0-59 $87,700.00 8307 Sidewalk Re iacement $1 900,00 Storm Sewer Repairs/Upgrades $4,800.00 Sub Total $94,400.00 lEngineering, Interest, Contingencies 12% $11,328.00 TOTAL $105,728.00 3,1?' — 2 — OCTOBER 16, 2..001 Assessment Distribution: The cost of street rehabilitation, as.r tablisherjby City Council Policy, for the year 2002 will be used for this project as follows: Residential Zones ............ $15:98 per assessable foot Commercial Zones........... $23.97per assessable foot Residential corner lot assessments are based on the length of the short side of the lot plus any length greater than 120 feet on the long side if the long side is reconstructed. Curb Gutter Overlay Rates Year 2002 feet Total Cost Residential Zones $15.98 1,554.16 $24,835.48 Commercial Zones $23.97 Subtotal $24,835.48 replacement sidewalk is assessed by the square foot of sidewalk replaced and is assessed directly to the abutting property owner at the following rates: 4" Sidewalk (residential)................................................. $5.31 per square foot 5" Sidewalk (commercial)...............................................$6.12 per square foot 6" Sidewalk (at residential drive approaches).................$6.92 per square foot 7" Sidewalk (at commercial drive approaches)...............$7.46 per square foot 6" Conc. Drive Approach (residential) ................. ........... $31.95 per square yard Residential corner lot sidewalk assessments are based on the replacement length of the short side of the lot plus half the quantity on long side if the long side is replaced. The long side credit reflects the half dollar amount for all long side quantities. Sidewalks 2002 sq. ft sq. ft Total Cost 4" Sidewalk residential $5.33 86.35 $460.25 5' Sidewalk (commercial) $6.12 6" Sidewalk at residential drive approaches) $6.93 T' Sidewalk at commercial drive approaches) $7.46 Subtotal $460.25 credit for long side Subtotal 1 $460.25 Proiect Distribution: Special Assessments - Frontage $24,835.48 Special Assessments - Sidewalk $460.25 8307 Sidewalk Replacement $1 667.75 2200 Bituminous Pavement Rehab w! ci 0-59 $73,388.52 Storm Sewer Re airs/U rades $5,376.00 TOTAL $105,728.00 Su`bbRtitte 1 or Ypur consideration: ^ -z� — ii Russell Kelm, PE bouglas Nelson, PE Design Engineez Engineering Manager P.'.,P:L(;fp:(`1'ti`..)-I'2n1`.1,1.7Ut 17cri,-.i', Un,`n'..iva;:ib�iitry I:cy+vrt.000 - 3 - OCrOBER 16,2001 CONCRETE CURB & GUTTER. AND OVERLAY ON 3RD STREET SE FROM I ITI-4 -AVE TO 13 V2STREET SE OCTOBGR 16, 2001 BUDGET AND ASSESSMENT SCHEDULE FOR CONSi RUC'I ON CON I RACT Project No: 6307-2-02 Date: October 16, 2001 J No: 9840 Description: Curb, Gutter 8 Overlay on 7th Ave SE from 16th Street to 16% Street SE Feasibility Cost Engineer Estimate Cost Contract Cost Final Cost Construction: 2200 Bituminous Pavement Rehab w/ ci 0-59 $87 700.00 8307 Sidewalk Replacement $1 900.00 Storm Sewer Repairs/Upgrades $4 800.c0 Sub Total $94 400.00 $0.00 $0.00 En ineerin Interest, Contingencies 12% $11,328.00 $0.00 $0.00 TOTAL $105.728.00 $0,001 $0,00 Distribution: Special Assessments - Frontage $24,835.48 $24.835.48 $24835.48 Special Assessments - Sidewalk $460.25 $460.25 $460.25 8307 Sidewalk Replacement $1 667.75 -$460.25 -$460.25 2200 Bituminous Pavement Rehab w/ ci 0-59 $73 388.52 -$24 835.48 -$24 835.48 Storm Sewer Re airs/U rades $5 376.00 $0,00 $0.00 TOTAL $105,728.00 $0.00 $0.00 Distribution Percentages: Special Assessments 23.93%1 #DIV/0; #DIV/0f City Street Share 76.07%1 #DIV/01 #DIV/01 TOTAL 100 C%1 #DIV/0! #DIV/01 Notes: Make Initial Disbursement from P. I. R. Fund 11 Ii7011if: Page 4 of 4 January2g,2001 PETITION FOR LOCAL'IMPROVEMENT PROJECT CITY OF ROCHESTER We the undersigned owners of property in R oclt este �- in Olmsted County, Township, Minnesota, do hereby petition the Rochester City Council to construct the following local improvement project Commencing at r and Ending at 6 S f S• . We are aware that as owners of property abutting this proposed local improvement project, we are subject to special assessment charges according to the City of Rochester's Comprehensive Pavement Management Program. Page 4 of 4 January 29, 2001 PETITION FOR LOCAL IMPROVEMENT PROJECT CITY OF ROCHESTER We the undersigned owners of property in R 0C p1 ES' in Olmsted County, Township, Minnesota, do hereby petition the Rochester City Council to construct the following local improvement project ^fin Ave SE f Commencing at % 4 St, S' E. and Ending at / 41, S% S ' E We are aware that as owners of property abutting this proocsed local improvement project, we are subject to special assessment charges according to the City of Eochester s Comprehensive Pavement Management Program. Name (please print) Address Signature Se*n 6:v)� I gant WtMfSrroM 7t V 7fb AJG S£ _, �lii �1' ;��l-. Q. lL`zt�.��,. REQUEST FOR COUNCIL ACTION MEETING DATE: 11 /19/01 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPT: Public Works W DESCRIPTION: ASSESSMENT HEARING: Curb, Gutter & Overlay on 7th Ave SE from 16th Street to 16'% Street SE (J9840) This is a Hearing to consider the following local improvement project: Project Number 6307-2-02 (J9840) Project Name Curb, Gutter & Overlay on 7th Ave SE from 16th Street to 16'% Street SE ITEM NO. oLJ PREPARED BY: r R. Kelm Project Background The existing street was constructed with bituminous curb in 1973. The roadway section has a Pavement Condition Index (PC]) rating of 75. A petition for said project was referred to Public Works at the May 1, 2001 City Council meeting. An informational meeting was held with the abutting property owners on October 9, 2001. Their support for a rehabilitation project resulted in this preparation of the Engineer's Feasibility Report and request for project and assessment hearing. Estimated Project Costs Feasibility Cost Construction: 2200 Bituminous Pavement Rehab w! ci 0-59 $87 700.00 8307 Sidewalk Replacement $1,900.00 Storm Sewer Repair Urades $4 800.00 Sub Total $94,400.00 Engineering, Interest, Contingencies 12% $11,328.00 TOTAL $105,728.00 Project Cost Distribution Distribution: Special Assessments - Frontage $24 835.48 Special Assessments - Sidewalk $460.25 8307 Sidewalk Replacement $1,667.75 2200 Bituminous Pavement Rehab w/ ci 0-59 $73 388.52 Storm Sewer Repairs/Upgrades $5,376.00 TOTAL $105,728.00 Assessment Period All special assessments may be levied for a period of ten years with interest charged at a rate of 7.5% annually on the unpaid balance, or they may be paid in full when levied. COUNCIL ACTION REQUESTED: Adopt the resolution levying the proposed assessments. Attach: Feasibility Report, Map, Petition %,uUNCIL ACTION: Motion REQUEST FOR COUNCIL ACTION MEETING / DATE: 11 /19/01 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPT: Public Works M DESCRIPTION: PROJECT HEARING: Curb, Gutter & Overlay on 5th Place NW from 16th Ave NW to Civic Center Drive NW (J9540) This is a Hearing to consider the following local improvement project: Project Number 6205-4-99A (J9540) Project Name Curb, Gutter & Overlay on 5th Place NW from 16th Ave NW to Civic Center Drive NW ITEM NO. Z—�— PREPARED BY: R. Kelm Project Background The existing street was reconstructed with sanitary sewer in 1961. Since then several rehabilitation projects have added new concrete curb and gutter to portions of the street. The roadway section has a Pavement Condition Index (PCI) rating of 30. During a small project in October 1996 a request was made to complete the entire street segment. A survey of the existing owners indicated fair support at that time. Based on the result of that meeting a second meeting was held on October 9, 2001 with only one of the six owners present. The results from the meetings indicate support by the abutting property owners. Estimated Project Costs Feasibility Cost Construction: 2200 Bituminous Pavement Rehab w! ci 0-59 $34 300.00 8307 Sidewalk Replacement $500.00 Storm Sewer Repairs/Upgrades $6 200.00 Sub Total $41 000.00 lEngineering, Interest Contin envies 12% $4 920.00 TOTAL $45,920.00 Project Cost Distribution Distribution: Special Assessments - Frontage $7 240.62 Special Assessments - Sidewalk $0.00 8307 Sidewalk Replacement $560.00 2200 Bituminous Pavement Rehab w! ci 0-59 $31 175.38 Storm Sevier Repairs/Upwades $6 944.00 TOTAL $45,920,00 Assessment Period G (� All special assessments may be levied for a period of ten years with interest charged at a rate of 7.5% annually on the unpaid balance, or they may be paid in full when levied. COUNCIL ACTION REQUESTED: Adopt the resolution ordering the project to be made. Attach: Feasibility Report, Map _—JNCIL ACTION: Motion REPORT ON THE FEASIBILITY OF A PROPOSED LOCAL IMPROVEMENT PROJECT FOR: CURB, GUTTER & OVERLAY ON 5TH PLACE NW FROM 16TH AVE NW TO CIVIC CENTER DRIVE NW October 9, 2001 Honorable Mayor & Common Council City of Rochester, Minnesota A request proposing the following project: Curb. Gutter & Overlay on 5th Place NW from 161" Ave NW to Civic Center Drive NW, was referred to the Public Works Department on October 23, 1998, for preparation of the Engineers Feasibility Report. Feasibilitv Report We report the project is feasible and recommend its construction in the year 2002 based on the current condition of the street and participation by the abutting property owners. The existing street was reconstructed with sanitary sewer in 1961. Since then several rehabilitation projects have added new concrete curb and gutter to portions of the street. During a small project in October 1998 a request was made to complete the entire street segment. A survey of the existing owners indicated fair support at that time. Based on the result of that meeting a second meeting was held on October 9, 2001 with only one of the six owners present. The results from the meetings indicate support by the abutting property owners. We recommend that the project be constructed and funded in accordance with the City's Comprehensive Pavement Management Strategy (CPMS). The CPMS is an objective, cost- effective program for the preservation, rehabilitation and reconstruction of the City's infrastructure. The most cost-effective strategy at this time for this street, which has a Pavement Condition Index (PCI) rating of 30, is rehabilitation. Work typically will include the following 1. Removal of existing edges of the roadway and gravel base, boulevard sod 2. Construction of concrete curb and gutter, and driveway aprons 3. Resurfacing of the entire street with bituminous asphalt. 4. Sidewalk sections reviewed for replacement. 5. Boulevard areas re -sodded. This report and the estimated costs for the project are prepared without the benefit of field surveys, soils boring or completed plans and specifications: Feasibility Cost Construction: _ 2200 Bituminous Pavement Rehab w/ ci 0.59 $34,300.00 8307 Sidewalk Replacement $500.00 Stone Sewer Repairs/Upgrades $6,200.00 Sub Total $41,000.00 En ineerin , Interest, Contingencies 12% $4,920.00 TOTAL $45,920.00 — 2 — OCTOBER 9, 2001 Assessment Distribution: The cost of street rehabilitation, as established by City Council Policy, for the year 2002 will be used for this project as follows: Residential Zones ............ $15.98 per assessable foot Commercial Zones........... $23.97per assessable foot Residential comer lot assessments are based on the length of the short side of the lot plus any length greater than 120 feet on the long side if the long side is reconstructed. Curb Gutter Overlay Rates Year 2062 feet Total Cost Residential Zones $15.98 Commercial Zones $23.97 302.071 $7,240.62 Subtotal I $7,240.62 Replacement sidewalk is assessed by the square foot of sidewalk replaced and is assessed directly to the abutting property owner at the following rates: 4" Sidewalk (residential)................................................. $5.31 per square foot 5" Sidewalk (commercial)...............................................$6.12 per square foot 6" Sidewalk (at residential drive approaches).................$6.92 per square foot 7" Sidewalk (at commercial drive approaches)...............$7.46 per square foot 6" Conc. Drive Approach(residential)............................ $31.95 per square yard Residential comer lot sidewalk assessments are based on the replacement length of the short side of the lot plus half the quantity on long side if the long side is replaced. The long side credit reflects the half dollar amount for all long side quantities. Sidewalks 2002 sq. ft sq. ft Total Cost 4" Sidewalk residential $5.33 5" Sidewalk commercial $6.12 6" Sidewalk at residential drive approaches) $6.93 7" Sidewalk (at commercial drive approaches) $7.46 Subtotal for Ion side rcredd Subtotal Proiect Distribution: Distribution: S ecial Assessments - Frontage $7 240.62 Special Assessments - Sidewalk $0.00 8307 Sidewalk Replacement $560.00 2200 Bituminous Pavement Rehab w/ ci 0-59 $31,175.38 Storm Sewer Re airs/U rades $6,944.00 TOTAL $45,92D.00 Submittedfor your consideration: \ / Russell Kelm, PE Douglas Nelson, PE Design Engineer Engineering Manager Pt%PROJECTSW-PROJU9540%Design',Dres'dessibility Repod.DOC 357' - 3 - OCTOBER 9, 2001 CUR$, GUTTER & OVERLAY ON 5TH PLACE NW FROM 16TH AVE NW TO CIVIC CENTER DRIVE NW P:SPROJECTSU-PROJU954OTesignk0ocstfeasibility Report.DOC 3�-&' — 4 — OCTOBER 9, 2001 A BUDGET AND ASSESSMENT SCHEDULE FOR CONSTRUCTION CONTRACT Project No: 6205-4-99A Date: October 9 2001 J No: 9540 Description: Curb, Gutter & Overlay on 5th Place NW from 16 Ave NW to Civic Center Drive Feasibility Cost Engineer Estimate Cost Contract Cost Final Cost Construction: 2200 Bituminous Pavement Rehab w/ G 0-59 $34.300.00 8307 Sidewalk Replacement $500.00 Storm Sewer Repairs/Upgrades $6,200.00 Sub Total $41,000.00 g0.00 $0.00 En ineedn , Interest Con tin envies 12 % $4,92D.00 'ti TOTAL $45,920.001 $0,001 $0.00 istribution: ecial Assessments - Fronta a IS $7,240,62 $7,240.62 $7,240.62 ecial Assessments - Sidewalk $0.00 $0.00 $0.00 307 Sidewalk Replacement $560.00 $0.00 $0,00 2200 Bitum!nous Pavement Rehab w/ ci 0-59 $31,175.38 -$7,240.62 -$7,240.62 Storm Sewer Re2airs/UE2Tdes $6,944.00 $0.00 $0.00 TOTAL $45,920.001 $0.001 $0.00 Distribution Percentages: Special Assessments 15,77% #DIV/0! #DIV/O! City Street Share 84,23% #DIV/01 #DIV/O! TOTAL 100.00/6 #DIVlO! #DIV/0! Notes: Notes Make Initial Disbursement from P. I. R. Fund P:tPROJECTSW-PROJ\JS540%Deslgn\Docstfeasibility Repcn.DOC REQUEST FOR COUNCIL ACTION MEETING DATE: AGENDA SECTION: ORIGINATING DEPT PUBLIC HEARINGS Public Works M DESCRIPTION: ASSESSMENT HEARING: Curb, Gutter & Overlay on 5th Place NW from 16th Ave NW to Civic Center Drive NW (J9540) This is a Hearing to consider the following local improvement project: Project Number 6205-4-99A (J9540) Project Name Curb, Gutter & Overlay on 5th Place NW from 16th Ave NW to Civic Center Drive NW ITEM NO. Z�--aa PREPARED BY: R Kelm ►" Project Background The existing street was reconstructed with sanitary sewer in 1961. Since then several rehabilitation projects have added new concrete curb and gutter to portions of the street. The roadway section has a Pavement Condition Index (PCI) rating of 30. During a small project in October 1998 a request was made to complete the entire street segment. A survey of the existing owners indicated fair support at that time. Based on the result of that meeting a second meeting was held on October 9, 2001 with only one of the six owners present. The results from the meetings indicate support by the abutting property owners. Estimated Project Costs Feasibility Cost Construction: 2200 Bituminous Pavement Rehab w/ ci 0-59 $34 300.00 8307 Sidewalk Replacement $500.00 Storm Sewer Repaim/Upgrades $6 200.00 Sub Total $41 000.00 JEntlineeiing, Interest Contingencies 12 % $4 920,00 TOTAL 1 $45,920.00 Project Cost Distribution Distribution: Special Assessments - Frontage $7 240.62 Special Assessments - Sidewalk $0.00 8307 Sidewalk Replacement $560.00 2200 Bituminous Pavement Rehab w! ci 0-59 $31 175.38 Storm Sewer Repairs/Upgrades $6 944.00 TOTAL $45,920.00 Assessment Period All special assessments may be levied for a period of ten years with interest charged at a rate of 7.5% annually on the unpaid balance, or they may be paid in full when levied. COUNCIL ACTION REQUESTED: Adopt the resolution levying the proposed assessments. Attach: Feasibility Report, Map - - JNCIL ACTION: Motion by: second REQUEST FOR COUNCIL ACTION MEETING J DATE: 11-19-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. HEARINGS City Clerk — N DESCRIPTION: Hearing for Assessing Weed Removal, Snow Removal, Debris Removal, PREPARED BY: Tree Removal, Impound Towing, Secure Property, and Sidewalk Repair Eileen Schneider This is a hearing to pass on the proposed assessments for the following projects: Project 7021 - Weed Eradication $ 1,265.36 Project 7022 - Snow Removal $ 192.50 Project 7023 - Debris Removal $ 17,279.23 Project 7024 - Tree Removal $ 1,285.32 Project 7029 - Impound Towing $ 1,461.14 Project 7030 - Secure Property $ 75.00 Project 7035 - Sidewalk Repair $ 3,171.63 COUNCIL ACTION REQUESTED: A motion to approve the prepared resolutions assessing properties for Weed Removal, Snow Removal, Debris Removal, Tree Removal, Impound Towing, Secure Property, and Sidewalk Repair ent INCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11/19/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. RESOLUTIONS AND ORDINANCES CITY ATTORNEYS OFFICE G t M DESCRIPTION: PREPARED BY: RESOLUTIONS AND ORDINANCES TERRY AQKINS h� G. 1. RESOLUTIONS G. 2. FIRST READING OF ORDINANCES, as appropriate. G. 3. SECOND READING OF ORDINANCES (for adoption). i I i a) An Ordinance Annexing to the City of Rochester Approximately 198.21 Acres of Land Legally Described as a Part of the South Half of Section 4 and a Part of the Southwest Quarter of Section 4, Township 107 North, Range 14 West, Olmsted County, Minnesota. Said Property Located North of 65t" Street NW along the West Side of Highway 52; North of Bandel North First Subdivision along the East Side of Highway 52. I+""b) An Ordinance Amending and Reenacting Section 134.10 of the Rochester Code of Ordinances, I tin g to Prohibited Parking. .c) An Ordinance Annexing to the City of Rochester Approximately 58.05 Acres of Land Located in a Part of the South Half of the Northwest Quarter and the North Half of the Southwest Quarter of Section 29, Township 107 North, Range 13 West, Olmsted County, Minnesota. Said Property Located South of Viola Road, East of Century Hills and West of Haverhill Subdivision. jAn Ordinance Amending and Reenacting Section 98.02 of the Rochester Code of Ordinances, Relating to the Electric Utility Franchise. G. 4. MISCELLANEOUS i I JNCILACTION: Motion by: second by: to: