HomeMy WebLinkAboutResolution No. 220-16 - RestrictDevelopPrelimPlanR2016-006CUP.BuschRESOLUTION
WHEREAS, Michael Busch applied for a Restricted Development Preliminary Plan
#R2016-006CUP. The Applicant proposes to amend the development of a 29-unit three story
multi -family residential building on three lots within the R-2 Low Density Residential District. The
property is located at the corner of the west frontage road of U. S. Highway 52 and Third Street
S.W., with addresses of 1709-1717 Third Street S.W.; and,
WHEREAS, the property is described as follows:
1709 Third Street S.W.
Commencing at the Northeast corner of the NW 1/4 of Section 3, Township 106,
Range 14, Olmsted County, Minnesota and running thence South along the East
line of said NW 1/4 a distance of 199.5 feet for place of beginning; thence West
parallel with the North line of said Section, 99 feet; thence South parallel with the
East line of said NW 1/4 a distance of 137 feet. thence Southeasterly 104.84
feet to a point in the East line of said NW 1/4 which is 179.5 feet South of the
place of beginning; thence North 179.5 feet to the place of beginning.
together with all hereditaments and appurtenances belonging thereto, subject to
the following exceptions: Covenants, Easements and Restrictions of Record, if
any;
1715 Third Street S.W.
COMMENCING AT A POINT 6 RODS WEST AND 379 1/2 FEET SOUTH OF
THE NE CORNER OF THE NW1/4 OF SECTION 3, TOWNSHIP 106, RANGE
14, FOR A PLACE OF BEGINNING, THENCE 50 FEET WEST, THENCE 180
FEET NORTH, THENCE 50 FEET EAST AND THENCE 180 FEET SOUTH TO
THE PLACE OF BEGINNING, OLMSTED COUNTY, MINNESOTA.
together with all hereditaments and appurtenances belonging thereto, subject to
the following exceptions: EASEMENTS, COVENANTS AND RESTRICTIONS OF
RECORD;
1717 Third Street S.W.
Commencing at a point 149 feet West and 379'/2 feet South of the Northeast
corner of the Northwest Quarter (NW'/4), Section 3, Township 106, Range 14, for
a place of beginning, thence West a distance of 50 feet, thence North a distance
of 180 feet, thence East a distance of 50 feet, thence South a distance of 180
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feet to the place of beginning; reserving the right of travel by public through,
over and across the South 33 feet thereof and for the use thereof for a public
highway.
Subject to easements, covenants and restrictions of record; and,
WHEREAS, since the property is zoned within the R-2 (Low Density Residential)
Zoning District and a three-story, 29-unit apartment building is not listed as a permitted use
within that zoning district, the Applicant is proposing the development through the restricted
development process; and,
WHEREAS, R.C.O. §62.700 recognizes that certain land uses which are generally not
allowed within a given zoning district 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;" and,
WHEREAS, R.C.O. §62.700 further states that the ordinances providing for restricted
developments encourage innovation and experimentation in the development of land that would
otherwise not be possible under the established zoning district regulations; 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
preliminary plan if it finds the development satisfies the criteria listed in R.C.O. §62.708, subd. 2 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
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. 2 provides the
relevant criteria for the review of this application; and,
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WHEREAS, the Planning Department applied the criteria found at R.C.O. §62.708, subd. 2
(Preliminary Type III Development Plan) to this application and prepared the following findings of
fact:
A. Capacity of Public Facilities: City sewer and water, and other
utilities are available to serve the site. An adequately sized water
service must be shown on the Final Plan. Sidewalk, curb and gutter
do not exist along 3rd Street SW frontage. Staff has a
recommended condition of approval regarding this, and the project
can comply with this criterion if the condition is satisfied.
B. Geologic Hazards: There are no known geologic hazards on the
property. There are no slopes and the parcel is flat. The site has
no known sinkholes and there are no hydric or floodplain soils.
C. Natural Features: The site is relatively flat, with elevations on the
site varying from approximately 1022-1024. The site is developed
now with residential structures and does not possess substantial
natural features. The applicant states they will attempt to save
trees not located within the footprint of the proposed building and
parking/drive areas, depending on the condition of the trees.
D. Residential Traffic Impact: Access to the site would be from a 3rd
Street SW. the driveway appears aligned with 18t" Avenue SW;
furthermore, this alignment is required. Comments from the City
Public Works and Planning Department Transportation Planners
do not indicate issues regarding capacity or width. City Public
Works has indicated that right-of-way shall be dedicated along 3rd
Street SW, but this does not impact the width or capacity of the
street.
It does not appear traffic volumes will exceed planned capacities
on local residential streets. The development will not generate
frequent truck traffic on local residential streets and there will not
be an unreasonable increase in evening traffic.
E. Traffic Generation Impact: The anticipated traffic increases
will not exceed the existing capacity of 3rd Street SW and the
Highway 52 W Frontage Road/Ramp. There are currently three
points of access on this site; the proposal reduces access points to
one, and the access should be aligned with 18t" Street SW.
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F. Height Impacts: The proposed building height is 38'-9". The
maximum allowed in the R-2 for a multi -family development is 35
feet. As a comparable, an incentive multi-fam development in the
R-3 has no height limit. The height does not exceed the 40 foot
limit in the B-4, and the properties to the north are zoned within the
B-4.
There is a 47'-1 '/2" setback to the west property line. The bulk of
the building is along the B-4 parcels to the north and along the
ramp/frontage road along the east. The structure should not block
sunlight form the west property during a majority of the day for
more than four months of the year. The building will screen the
view of the ramp/frontage road and commercial properties and 2nd
Street SW to the north. The building is setback 19'-1/2" from 3rd
Street SW and the street is approximately 66 feet to the first single
family dwelling to the south (the right-of-way within this segment of
3rd Street SW is not straight and shall be corrected with the Final
Plat). Staff finds the proposed building is not blocking any
substantial viewsheds nor will block sunlight for a majority of the
day during at least four months of the year.
G. Setbacks: The proposed building encroaches into the required
front and rear setbacks for both R-2 multi -family and for multi-
family incentive development in the R-3. The front building setback
will be approximately 20 feet, which is required for garages in the
same district. The bulk of the building is considerably larger than
the existing single family dwellings across the street to the south,
but is consistent with commercial developments immediately
adjacent to the north. A two-story apartment building complex is
located two lots further down, on the north side.
The applicant will have to receive a modification for encroachment
within the front and rear yard setbacks.
H. Internal Site Design: The site layout appears to provide
adequate building separation and orientation to the existing
residential and commercial uses located in the area. The bulk of
the building is aligned along the commercially zoned properties
and frontage/ramp street. The orientation of the building's primary
entrance is pointed towards the neighborhood.
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Screening and Buffering: Landscape space is proposed
around the entire property and the narrative states that they are
providing 45% of the site with green space. The landscape
requirement for a multi -family use in the R-2 is 42 percent. A D
bufferyard is required by an incentive multi-fam development in the
R-3. Boulevard trees are required along 3rd Street SW.
J. Ordinance Requirements: Required off-street parking for the
development has been identified. Spillover parking can be
accommodated on -street. The R-2 multifamily landscaping
requirement is satisfied. It appears the recreation space
requirement is satisfied based on the submitted percentage of
10%; the Final Plan will have to verify the recreation count on the
site plan.
K. General Compatibility: The effect on the character of the
surrounding neighborhood will be reasonable. The proposed three
story over parking 29 unit multi -family building will be the tallest
building on the block when completed. However, commercial uses
exist along the north, and there is a two-story multi -family project
several lots down on the north side. The overall bulk of the
proposed building is compatible with the fire hall and retail stores
on the north side. The massing of the building along the north and
east sides reduces conflict with the single family residential
dwelling neighborhood to the south.
The appearance, general density and overall site design will have
an effect on the single family residential neighborhood to the south,
and the effect will be reasonable. Traffic generation will not exceed
capacities. The building is setback approximately 20 feet from the
street, and the street ROW is approximately 60-66 feet in width.
Therefore, the building will be approximately 80-90 feet from lot
lines to the south. The structure is also setback approximately 45
feet from the R-2 zoned residential property to the west.
L. Non -Vehicular and Alternate Modes of Travel: The proposed
development does detail how they intend to incorporate pedestrian
oriented space, pedestrian access to the building entrances, and
non -vehicular and alternate modes of travel by incorporating direct
walk-up access to the public sidewalk, a public seating area, and
bike racks within the garage, on the south segment. The building is
very close (about 900 feet) to multiple bus routes and stops along
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2nd Street SW; and,
WHEREAS, the Planning Department's April 21, 2016, staff report states that, based upon
its proposed findings of fact, Planning Department staff would recommend approval of the
preliminary plan subject to the following conditions-
1. The applicant shall re -plat the properties into one new lot prior to Final
Plan submittal. The Final Plat shall dedicate additional right-of-way as
proposed on the site plan along 3rd Street SW.
2. Applicant shall submit a traffic impact study or waiver, as determined by
the City Engineer, with submittal of the Final Plan.
3. On the Final Plan site plan submittal, the following shall be provided:
A. Trash and Exterior Storage standards shall be identified in the
zoning calculation table.
B. The plan shall strike landscaping and bike racks not located on the
owner's property, unless an agreement with the public ownership
has been executed.
C. The applicant shall supply photometric information, and the
photometric standards shall be identified on the Final Plan.
D. A certificate of survey will be required.
E. The proposed sidewalk along Third Street S.W., shall be extended to
the west property line.
F. An adequately sized water service must be shown on the Final Plan.
G. Recreation percentages were submitted; the Final Plan must identify
the location of recreation space on the site plan.
H. The driveway should align with 18t" Avenue S.W.
Updated renderings, elevation plans and floor plans will be required
as necessary.
4. Grading & Drainage Plan approval is required, as well as, payment of any
applicable Storm Water Management Area Charge for any increase in
impervious surface. Execution of a Maintenance Agreement is required
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for the proposed on -site facilities prior to Grading Plan approval.
5. Any proposed private features within the TH 52 West Frontage Rd ROW
will require City, and / or MnDOT approval. A revocable permit is required
for the landscaping located within the vicinity of the existing public water
main within the West Frontage Rd ROW.
6. The construction of curb & gutter along 3rd St SW, and construction of
public sidewalk along the entire 3rd St SW frontage, including the
connecting to the existing pedestrian facilities within the TH 52 West
Frontage Rd ROW is required concurrent with development of this
project. The addition of curb & gutter may necessitate the developer
widening 3rd St SW.
7. Execution of a City -prepared noise easement is required for this project.
8. Execution of a City -Owner Contract will be required for any public
improvements required for this proposed redevelopment.
9. Charges/fees applicable to the development of this property include the
following and unless otherwise stated 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 7/31/16 and subject to an ENR
adjustment thereafter):
A. Sewer Availability Charge (SAC) @ $2,788.49 per acre;
B. Water Availability Charge (WAC) @ $2,788.49 per acre;
C. Storm Water Management Area Charge — TBD and paid as part of
the Grading Permit approval; and
D. Plant Investment Fee (PIF) — TBD and collected through the
Building Permit process.
10. Boulevard trees will be required for the development. Prior to the
development of the property the Owner shall determine which of the two
available options, Payment Method or Install Boulevard Trees, will be
used to meet their boulevard tree obligations for each phase of
development. Trees shall be planted every 35 feet. (An incentive
development multi-fam project in the R-3 is the comparable, which would
require boulevard trees every 35 feet); and,
WHEREAS, on April 27, 2016, the Rochester Planning and Zoning Commission held a
public hearing on this restricted development preliminary plan and reviewed the application
according to the requirements of R.C.O. §62.708. At its April 27t" meeting, the Commission
recommended approval of the application based upon Planning Department staffs recommended
findings of fact subject to the staffs ten recommended conditions of approval; and,
WHEREAS, this matter came before the Common Council as a public hearing on May 16,
2016. At the May 16t" public hearing, the Common Council permitted all interested persons to
testify and give testimony on the restricted development preliminary plan request; and,
WHEREAS, based upon a preponderance and substantial weight of the evidence
submitted at the May 16t" public hearing, the Common Council determines that the Applicant
satisfied the criteria of R.C.O. §62.708 subject to the Planning Commission's recommended ten
conditions of approval.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that the Restricted Development Preliminary Plan #R2016-006CUP is in all things approved
subject to the ten conditions as described above.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS
ATTEST:
CITY CLERK
DAY OF , 2016.
PRESIDENT OF SAID COMMON COUNCIL
APPROVED THIS DAY OF , 2016.
(Seal of the City of
Rochester, Minnesota)
Zone 15\RestDevPre.1606
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MAYOR OF SAID CITY