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HomeMy WebLinkAboutResolution No. 549-15 - BuckeyeLLC.IncentDevlPrelimPlan.R2015-026CUPRESOLUTION WHEREAS, Buckeye, LLC, applied for a Type III, Phase II Incentive Development Preliminary Plan (#R2015-026CUP) to permit the construction of a six -story, 92-unit mixed use development with below grade parking, first floor commercial, and upper floors residential to be located at the southeast corner of Fourth Street S.E., and Third Avenue S.E.; and, WHEREAS, the legal description for the property affected by the application is as follows: Lots 9, 12, 13 and 16, Block 1, EAST ROCHESTER ADDITION, Olmsted County, Minnesota. Containing 0.62 acres, more or less; and, WHEREAS, the project is being proposed through the Incentive Development Conditional Use Permit process because the development exceeds the permitted floor area ratio and density in the R-3 zoning district; and, WHEREAS, R.C.O. §62.630 sets forth the criteria for incentive developments; and, WHEREAS, based upon section 62.630, the Planning Department Staff recommended the following findings of fact as to the Incentive Development application: Preliminary Development Plan Criteria: A. Suitability of the Area: (1) The proposed development is compatible with existing land uses in the area. There is multi -family housing established immediately south of 5t" Street SE, access to low intensity commercial uses to the east and south, and access to employment centers within walking distance with the government center to the north and downtown employers northwest. (2) The site's natural characteristics allow for higher density development aiding economic development in the area. There is minimal grade change and the soil composition allows for underground parking and supports taller construction. The stormwater problems inherent to the area will be addressed prior to final plan submittal, however an area to manage the stormwater is proposed in the Parking Level. B. Site Design Criteria: (1) Capacity of Public Facilities: Storm sewer, sanitary pipe, and a water main runs along the boundaries of this site to provide adequate public facilities. The project will be required to meet parkland dedication requirements through payment in lieu. (2) Geologic Hazards: There are no known geologic hazards on this site. (3) Natural Features: The site is relatively flat and does not have a substantial grade change to maximize. The site currently is all impervious coverage with no vegetation to take into consideration. (4) Traffic Generation Impact:A traffic impact study was waived by City Public Works. It is not anticipated that the development will cause the capacity of the adjacent streets to be exceeded. (5) Height Impacts: (A) The structure will not deny sunlight to surrounding properties. While the structure is proposed at a height of six stories, there is adequate separation between adjacent buildings to allow for sunlight at various times of day. Both 3rd Avenue SE and 4t" Street SE provide an additional buffer to properties on the north (municipal storage/parking) and west (subway and offices). Adjacent to the east is a surface parking lot for the County. To the south is a one-story business center. (B) There are few residential units in the vicinity to be impacted by the project. A four-story apartment complex to the south is currently blocked in part by a two-story structure located on the parcel to the north. Views from the top floor towards the Government Center may be partially obstructed. (6) Setbacks: The project is located within the Central Development Core -Fringe zoning district which has zero setback requirements to all property lines. The applicant is proposed setbacks ranging from .33' to 13.55'. There is no height limit within the zoning district either to allow for a more dense development. The proposal is consistent with the intent of the CDC -Fringe zoning district. (7) Internal Site Design: The primary orientation of the building is towards 3rd Avenue SE and 4t" Street SE. There is not open space in the immediate vicinity to orient the building to, however entrances are positioned to take advantage of the pedestrian path that connects to Mayo Park, Bear Creek Trail, and the Government Center. Parking circulation is completed within the building, screened from view of the public. (8) Screening and Buffering: All parking areas, traffic 2 circulation, and refuse storage are located within the building. There are no bufferyard requirements for this site based on the adjacent commercial uses. (9) Ordinance Requirements: The proposed development meets all ordinance requirements except density. Based on the Downtown Parking Overlay Zone requirements, this development will meet the required off-street parking. The required landscaping for the CDC - Fringe is 5%. The project exceeds this requirement with a proposal of 7% landscaping located along the north and west facades. (10) Non -Vehicular and Alternate Modes of Travel: Pedestrian oriented space is provided in patio seating at street level on the west side of the building, on the east side of the building on the second floor and along the north and west sides of the building on the rooftop patio. Pedestrian access is located along the public sidewalk to the north and west, connecting to the Downtown and Bear Creek Trails. Bicycle parking is available on the southwest corner of the building as well as inside the parking garage. Convenient transit access is located along 4t" Street and 3rd Avenue with service running both weekday and weekends. The main transit hub is located approximately five blocks away on 2nd Street SW. (11) Properties located in planning area for which a detailed Master Plan has been adopted by the Council. ; and, WHEREAS, the Planning Department Staff recommended the following conditions of approval if the Incentive Development application were approved- 1 . Grading and Drainage Plan approval is required for this application. 2. A final plat must be submitted for this site prior to submittal of the final plan application. 3. Final plan submittal shall include a photometric plan. 4. A sign package must be included in the final plan submittal for all proposed signs not to exceed sign standard C. 5. The final plan must show location of mechanical equipment and screening methods. 3 6. Dedication of a public Pedestrian Facilities and Right -of -Way Maintenance Easement is needed for the proposed pedestrian facilities that will lie outside the right-of-way. 7. A revocable permit will be required for any signage and canopies extending into the public right-of-way. 8. The final plan submittal must address driveway design and site line issues determined by Public Works. 9. The new properly sized water service must be shown on the final plan. 10. The Council's actions in approving this development occur in response to the applicant's or his/her representative's oral and written representations as to the appearance of the building design, exterior fagade, and landscaping. As such, the applicant must not deviate from the appearance of the building design, exterior fagade and landscaping as originally presented to the Council without the Council's prior approval; and, WHEREAS, on October 14, 2015, the Planning and Zoning Commission held a public hearing on this Incentive Development Preliminary Plan, reviewed the application according to the requirements of section 62.630, adopted the Planning Department's recommended findings of fact, and recommended approval of the application subject to the Planning Department's recommended nine conditions of approval; and, WHEREAS, on November 2, 2015, the Common Council held a public hearing on the Incentive Development Preliminary Plan (#R2015-026CUP), and gave all interested persons the opportunity to make presentations and give testimony concerning the application; and, WHEREAS, at the November 2nd public hearing, the Applicant's representative agreed with all of the Planning and Zoning Commission's recommended conditions of approval; and, WHEREAS, based upon a substantial amount of all of the evidence and testimony submitted during the November 2nd public hearing, the Council accepts the Planning and Zoning Commission's recommended findings of fact and conditions of approval, and adopts them as its own. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that it adopt the Planning and Zoning Commission's findings of fact, and that the Incentive Development Preliminary Plan (#R2015-026CUP) requested by Buckeye, LLC is granted subject to the above ten conditions of approval as recommended by the Planning and Zoning Commission. 4 PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS ATTEST: CITY CLERK DAY OF , 2015. PRESIDENT OF SAID COMMON COUNCIL APPROVED THIS DAY OF (Seal of the City of Rochester, Minnesota) Zone15\lncendev.15-026. prelim MAYOR OF SAID CITY 5 2015.