HomeMy WebLinkAboutResolution No. 185-15 Joseph DevelopmentRESOLUTION
WHEREAS, Joseph Development applied for a Restricted Development Final Plan
#R2014-022CUP. The Applicant proposes to develop a four-story over parking 68-unit apartment
building within the B-4 (General Commercial) Zoning District. The property is located along the
east side of First Avenue N.W., and south of Fifth Street N.W., and,
WHEREAS, the property is approximately .9 acres and is legally described as follows:
Lots 2, 4, 5, 6, 7, 8, 9 and 10, Block 65, ORIGINAL PLAT in the City of
Rochester, Minnesota, Olmsted County, Minnesota.
(Abstract Property)
AND
All of Lots 1, 11 and 12, in Block 65, and the North -South alley (now vacated)
between said Lots 1 and 12, in the Original Town (now City) of Rochester,
Minnesota, and that part of Block 60, and of vacated Ninth Street (now Fourth
Street NW), between said Blocks 60 and 65, and lying Northerly of and
contiguous to a line that is 8.5 feet Northeasterly, of measured at right angles
and parallel to the Chicago and North Western Railway Company Spur Track
No. 277, as now located and established.
Except that tract conveyed to W.R. Gosnell, described as follows: That part of
Lot 12 in Block 65 and that part of vacated Ninth Street (now Fourth Street NW),
between Blocks 60 and 65, in the Original Town (now City) of Rochester,
Minnesota, bounded and described as follows: Beginning at the point of
intersection of the Southerly extension of the West line of said Block 65 with a
line that is parallel to and 8.5 feet Northeasterly of, measured at right angles
from the center line of the Chicago and North Western Railway Company Spur
Track No. 277, as now located and established; thence Southeasterly along said
parallel line, a distance of 54 feet; thence Northeasterly at right angles to the last
described course, a distance of 40 feet; thence Northwesterly at right angles to
the last described course, a distance of 70 feet, more or less, to a point in the
West line of said Lot 12 in Block 65; thence Southerly along said West line of
Lot 12 and its extension thereof, a distance of 42 feet, more or less, to the point
of beginning.
(Abstract Property)
AND
1
That part of Lot 12 in Block 65 and that part of vacated Ninth Street (now Fourth
Street NW) between Blocks 60 and 65 in the Original Town (now City) of
Rochester, Minnesota, bounded and described as follows: Beginning at the point
of intersection of the Southerly extension of the West Line of said Block 65 with
a line that is parallel to and 8.5 feet Northeasterly of, measured at right angles
from, the center line of the Chicago and North Western Railway Company Spur
Track No. 277, as now located and established; thence Southeasterly along said
parallel line, a distance of 54 feet; thence Northeasterly at right angles to the last
described course, a distance of 40 feet; thence Northeasterly at right angles to
the last described course, a distance of 70 feet, more or less, to a point in the
West line of said Lot 12 in Block 65; thence Southerly along said West line of
Lot 12 and its extension thereof, a distance of 42 feet, more or less, to the point
of beginning.
(Torrens Property); and,
WHEREAS, since the property is zoned as the B-4 (General Commercial) Zoning
District and residential uses are not a use listed as a permitted use, the applicant is proposing
the development through the restricted development process. Pursuant to R.C.O. §62.700,
the Restricted Development allows certain mixtures of land uses which are not allowed within
a given zoning district on a permitted or conditional basis which can, if regulated, serve both
the public interest and allow a more equitable balancing of private interests than that achieved
by strict adherence to standard zoning regulations. The regulations of this article recognize
and provide encouragement for innovation and experimentation in the development of land
that would otherwise not be possible under the zoning district regulations established by this
ordinance; and,
WHEREAS, this application requires a two-step review process consisting of a preliminary
plan and a final plan. The preliminary plan phase follows the Type III, Phase II procedure with a
hearing before the Planning Commission and a hearing before the Council. The final plan phase
is a Type III, Phase III procedure with a hearing before the City Council; and,
WHEREAS, R.C.O. §62.706 states the Council must approve a restricted development final
plan if it finds the development satisfies the criteria listed in R.C.O. §62.708, subd. 3 or a
modification for any unmet criteria has been granted as provided in R.C.O. §62.712; and,
WHEREAS, R.C.O. §62.712 states the Council may waive the need to satisfy certain
approval criteria if it finds-
1. The applicant has demonstrated that the plan as submitted adequately
compensates for failing to address the criterion in question; and,
2. The strict application of any provision would result in exceptional practical
2
difficulties to, or exceptional and undue hardship upon, the owner of such
property, provided the modification may be granted without substantial
detriment to the public good and without substantially impairing the purposes
of this ordinance or the policies of the Land Use Plan; and,
WHEREAS, R.C.O. §62.708 (Criteria for Type III Developments), subd. 3 provides the
relevant criteria for the review of this application; and,
WHEREAS, the Planning Department applied the criteria found at R.C.O. §62.708, subd. 3
(Final Type III Development Plan) to this application and prepared the following findings of fact:
A. Public Facility Design: City sewer and water and other utilities are
available to serve the site. Final water main construction plans
and location will need to be approved by RPU and conform to
standard the City of Rochester's requirements.
B. Geologic Hazards: There are no known geologic hazards on the
property. The parcel is completely flat. The site has a low to
moderate sinkhole probability and there are no hydric or floodplain
soils.
C. Access Effect: Access to the site is via 5t" Street NW. The
traffic projected to be generated from the development should not
cause the traffic volumes to exceed capacities on local streets nor
generate frequent truck traffic on the local street. The use will not
create any additional traffic during the evening and nighttime hours
on the local streets than what not normally occur if the property
was developed for commercial uses.
D. Pedestrian Circulation: The plan includes direct and convenient
pedestrian access off of public sidewalks to the building
entrances. There are two common entries as well as an
underground parking entry and three entries directly to ground
level units. Bicycle parking is provided in the underground
garage and there are several existing bus stops within a '/4 mile of
the site.
E. Foundation and Site Plantings: A landscape plan for the site has
been prepared. Further detail is required identifying the required
minimum 10% landscape area as well as the required number of
boulevard trees.
3
F. Site Status: A Final Plat has been submitted and approved. The
Plat has been recorded as "First Avenue Flats". A landscape plan
for the site has been prepared. Further detail is required
identifying the required minimum 10% Landscape Area as well as
the required number of boulevard trees.
G. Screening and Bufferyards: The proposed project is providing
14 percent less landscaping than a traditional R-4 multifamily
development, however, the proposed landscaping is 11 % greater
than required by the B-4 (General Commercial) Zoning District at
21%. A majority of the landscaping will be along 1st Avenue NW.
The Landscape Plan will need to show boulevard trees at a rate of
one tree per 35 feet and show that the minimum required
Landscape Percentage has been met.
H. Final Building Design: The final building design is consistent with
the principles identified in the preliminary development plan.
Internal Circulation Areas: The design of the off-street
parking, loading areas, and circulation aisles meet ordinance
requirements in terms of design, however, an updated site plan is
required labeling the circulation aisle, leading to the 45-degree
parking area, as a one way.
J. Ordinance Requirements: The proposed development is not
consistent with the requirements of the underlying zoning district
for similar uses. Since the property is zoned as the B-4 (General
Commercial) Zoning District and residential uses are not a use
listed as a permitted use, the applicant is proposing the
development through the restricted development process. Signage
was not proposed as part of this request.
K. Non -vehicular and Alternate Travel Modes: The proposed
building provides direct and convenient pedestrian access to the
building entrances from the adjacent public sidewalks. Bicycle
parking is provided in the underground garage and there are
several existing bus stops within a'/4 mile of the site; and,
WHEREAS, the Planning Department's March 17, 2015, staff report states that, if the City
supports the application, Planning Department staff would recommend the following conditions of
approval be imposed:
21
1. 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.
2. An updated Landscape Plan is required identifying the required minimum
10% Landscape Area as well as the required number of boulevard trees
at a rate of one tree per 35 feet of road frontage. A total of 13 trees are
required. Prior to the development of the property, the Owner shall
determine which of the two available options, Payment Method or
Boulevard Tree Agreement Method, will be used to meet its boulevard
tree obligations for each phase of development. Once the option is
selected, the Owner shall either make applicable cash payment or
execute a Boulevard Tree Green Facilities Agreement prior to any
development.
3. An updated site plan is required labeling the circulation aisle, leading to
the 45 degree parking area on the east side of the building, as a "one
way."
4. Approval of the new water service location must be approved by
Rochester Public Utilities. The service must be located on 1st Ave NW as
no water main currently exists within 5th St NW.
5. All existing water services must be abandoned properly at the main in the
street and the curb or valve box removed unless the water main is
replaced.
6. If the east '/2 of 1st Ave NW is to be reconstructed, then there must be
approval from RPU on the replacement of the existing 6" CIP water main
located there.
7. Grading & Drainage Plan approval is required, as well as, payment of any
applicable Storm Water Management Area Charge for any increase in
impervious surface. The owner may be required to provide on -site rate
control, and / or extend public storm sewer to serve this project.
8. The condition of the existing pedestrian facilities, curb & gutter, will be
reviewed by Public Works staff, and any needed panel replacement and
repair work will be required at the Owner's expense concurrent with
development.
5
9. As discussed during the preliminary plan review, execution of a City
Prepared Noise Easement is required for this project.
10. The City will not mandate the total reconstruction of the public alley
abutting this property concurrent with this redevelopment, provided the
owner enters into an agreement with the City to address owner's future
obligation for '/2 of the cost for future alley reconstruction along the
property frontage. The owner will be responsible to repair any damage
that occurs to the alley resulting from construction related activities for
this project.
11. Execution of a City -Owner Contract will be required for any public
improvements required for this proposed development; and,
12. Charges/fees applicable to the development of this property include the
following and shall be paid prior to issuance of utility connection permit(s),
or at the City's discretion, within 30 days after invoicing (rates are valid
through 7/31/15 and subject to an ENR adjustment thereafter):
(a) Sewer Availability Charge (SAC) @ $2,738.65 per acre;
(b) Water Availability Charge (WAC) @ $2,738.65 per acre;
(c) Storm Water Management Area Charge — TBD
(d) Plant Investment Fee (PIF) — TBD and collected through the
building permit process; and,
WHEREAS, on March 25, 2015, the Rochester Planning and Zoning Commission held a
public hearing on this restricted development final plan, reviewed the application according to the
requirements of R.C.O. §62.708, and recommended approval based upon Planning Department
staffs recommended findings of fact subject to the 12 conditions of approval described above and
to the following 13t" condition of approval:
13. Put a maximum height of the west side fence of 36 inches and of material not
wood or chain link; three walk ways going through the recreational space
shall not be barred with gates where they meet the public sidewalk; and,
WHEREAS, on April 20, 2015, the Common Council held a public hearing on the restricted
development final plan request and permitted all interested persons to be heard; and,
WHEREAS, based upon a preponderance of the evidence submitted at the April 20t" public
C9
hearing, the Common Council adopts as its own the Planning Commission's recommended
findings of fact and 13 conditions of approval as described above; and,
WHEREAS, based upon a preponderance and substantial weight of the evidence
submitted at the April 20t" public hearing, the Common Council determines that the Applicant
satisfied the criteria of R.C.O. §62.708 subject to the 13 conditions of approval recommended by
the Planning and Zoning Commission.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that the Restricted Development Final Plan #R2014-022CUP requested by Joseph Development
is in all things approved subject to the 13 conditions of approval as stated herein.
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 , 2015.
(Seal of the City of
Rochester, Minnesota)
Zone 15\RestDevFi na1.1422
7
MAYOR OF SAID CITY