HomeMy WebLinkAboutResolution No. 186-15 - 501LLC.Incendev.15-002.prelimRESOLUTION
WHEREAS, 501 1st, LLC ("Applicant") applied for a Type III, Phase II Incentive
Development Preliminary Plan (#R2015-002CUP) to permit the construction of a five -story, 84-
unit, mixed use development with the first floor commercial and upper floors residential. The
property is located along the south side of Fifth Street S.W., and east of Second Avenue N.W.;
and,
WHEREAS, the legal description for the property affected by the application is as follows:
Lots 5, 6, 7, & 8 Block 1 Original Plat of Rochester; and,
WHEREAS, the project is being proposed through the Incentive Development Conditional
Use Permit process because the development seeks a higher intensity development than
otherwise permitted; 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: The proposed site is suitable as the location for
an Incentive Development. The proposed uses are 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 anticipated traffic will not cause the
capacity of the adjacent roadways to be exceeded. The proposed
underground parking exceeds the requirements for parking for the
residential use on the site. The development includes a surface
parking area to the south of the project and metered on street
parking to further serve the commercial uses of the project. Both
the commercial and residential parking provided exceeds that
required in the Downtown Parking Overlay Zone (DPOZ). The
removal of the parking lot north of the Metropolitan Marketplace
building does not affect the parking for the Marketplace building or
its uses, as the surface parking lot was not required in parking
calculations for Metropolitan Marketplace application (R2011-
030CUP). Matters pertaining to alley circulation and safety will
need to be addressed through discussions with City of Rochester
Public Works Department. Sixth Street SW is designated as a
Secondary Urban Arterial on the Functional Designation Map of the
2040 Long Range Transportation Plan. Within the Downtown
Master Plan, 1st Ave SW is designated as a Main Street and 2nd
Ave SW is designated as a Bike Street/Complete Street. Access
to the underground parking facility will be via 2nd Avenue SW. The
applicant will need to work with the City to resolve issues related to
specific development obligations related to on street parking and
use of the existing alley prior to submitting the Final Development
Plan application.
(5) Height Impacts: The proposed building is 5 stories in height
and approximately 65 feet above grade at the highest point. The
building steps down to 4 stories where it meets the Metropolitan
Marketplace. The project is bordered by streets to the west, north,
and east which have a minimum of a 75 foot right-of-way. The
proposed building will not obstruct sunlight from any existing uses
or buildings located to the north of the development site. Though
some shading will occur to the Metropolitan Marketplace building;
this effect will be restricted to summer evenings for approximately
four months of the year. The building principally faces north and
south, which does not affect the outlook from the neighboring
building to the south, which is principally east and west. The
building is consistent with the implementation of the Main
Street/mixed use district of the Downtown Master Plan which
promotes 3 to 4 story buildings along 1st Avenue SW.
(6) Setbacks: Within the CDC —Fringe district the minimum building
setback is zero feet. Portions of the building encroach into the
public right-of-way; therefore the developer will require a revocable
permit for these encroachments. The project is a 5 story building
that steps back at the fifth floor along 1st Avenue and around the
corner for a portion of the 5th Street SW facade, in line with the
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Urban Village Design Guidelines. The project also includes
setbacks to accommodate space for additional metered street
parking and landscaping within the public right-of-way. The main
facade of the building is setback 3.5' along 5th Street SW to allow
for development of streetscape in compliance with city standards.
The main west facade along 2nd Ave SW is set back
approximately 1.5' to allow streetscape development.
(7) Internal Site Design: The orientation of the building has the
main entrance at the intersection of two roadways which helps
define the presence for the building at this location. The project
maintains an open facade along 5t" Street SW through the use of
windows, canopies, and recessed balconies. The location of the
surface parking area to the rear of the site, accessed via the alley,
complies with provisions of the Downtown Overlay Parking Zone.
Balconies and the rooftop terrace on the south of the building take
advantage of solar gain through a south -facing orientation.
(8) Screening and Buffering: The orientation and layout of the
building provides for adequate screening of residential units and
protection of neighbor amenity. Parking lot landscaping of the rear
parking lot is consistent and compliant with Ordinance standards.
The trash area is internally located and adequately screened.
(9) Ordinance Requirements: The proposed parking for the project
complies with the Downtown Parking Overlay District zoning
standards. The proposed landscaped area complies with the CDC
— Fringe zoning requirements. The required recreation space can
be reduced by 75% since the project is located within '/4 mile of a
city park (Soldiers Field). The proposed recreation space complies
with the zoning standards. The applicant must receive adequate
permissions from the City of Rochester Public Works Department
regarding encroachments into the right-of-way and over the public
right-of-way alley. Other city obligations must be met through
application and liaison with relevant agencies. Also, through the
Incentive Development application, the applicant is requesting to
exceed the density per acre allowed in the CDC — Fringe.
(10) Non -Vehicular and Alternate Modes of Travel: Pedestrian -
oriented space is incorporated into the streetscape design along
the project frontages and through use of canopied building
openings. Bicycle parking is provided on the site - within the
residential building, in the below grade parking facility, and in the
right-of-way. This development is within '/4 mile of 2nd Street SE
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which functions as a bus transit hub.
(11) Properties located in planning area for which a detailed Master
Plan has been adopted by the Council. The Downtown Master
Plan was adopted by the City Council in January of 2011. The
Master Plan identifies this area, known as the Main Street Mixed
Use District, as a primary development location. The proposed
501 on 1st project fulfills many of the goals of the Downtown Master
Plan such as incorporation of mixed uses, appropriate building
height, mixed material facade design, and active streetscape
elements. The reduction of parking in this project allows for ample
landscaping of the site which will enhance and maintain
neighborhood amenity and character. The proposed development
is consistent with the Downtown Mater Plan by incorporating
pedestrian -oriented amenities like connectivity to neighboring
developments and incorporation of a mix of uses like retail,
restaurant, and residential within the building contributing to a
more active downtown. Bump -outs at the end of each block
provide additional space within the pedestrian zone between the
building edge and curb. Abundant trees with space for tables and
seating placed between them accommodate outdoor dining for the
restaurant located on the corner of 5t" Street SW and 1st Avenue
SW.
Urban Village Design Guidelines: The Urban Design Guidelines
were developed by a Rochester Downtown Alliance subcommittee
in 2009 that received staff support from the Planning Department.
The City Council instructed staff to use the Design Guidelines in
evaluating development projects. The proposal includes an
increased setback for the facade along 1st Avenue SW on the 5t"
story (a primary pedestrian corridor in the Urban Village) in line
with the Urban Village Design Guidelines. The development also
complies with the Guidelines through emphasis on ground level
retail and dining, mixed use development (residential and
commercial), and promotion of a walkable, urban lifestyle.
Complete Streets Policy: The Complete Streets Policy was
adopted by the City of Rochester in 2009. It is a policy which
encourages multi -modal transport and ensures appropriate design
of roads, paths, and linkages throughout the city. The
development complies with the objectives of the Complete Streets
Policy which is to improve the access and mobility for all users of
streets in the community by improving safety through reducing
conflict and encouraging non -motorized transportation and transit.
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Downtown Parking Overlay Zone (DPOZ): The Downtown
Parking Overlay Zone (DPOZ) identifies and more easily defines
the uniquely situated and expanding areas around the Central
Business District that have a high level of proximity to both
publically provided transportation facilities, public parking facilities,
metered street parking and to the major downtown employment
centers that provide off-street employee parking. At these
locations, private off-street parking requirements are regulated
differently than in other parts of the City. The specific provisions of
the DPOZ reduce the predominance of off-street parking as a land
use in the fringe area of the downtown and release more land for
redevelopment; enhance the economic viability of preserving
existing useful buildings and help create mixed -use buildings;
increase the resident population near existing downtown jobs and
amenities and promote a safer, pedestrian -friendly, active street
level environment. The proposed development meets the parking
requirements within the DPOZ for both the residential and
commercial uses proposed; and,
WHEREAS, the Planning Department Staff recommended the following conditions of
approval if the Incentive Development application were approved-
1 . The Final Development Plan application shall include:
A. Revised Building Elevations that identify dimensions, building
materials, colors and type of glass;
B. Additional details for the canopies and any proposed awning,
including materials, colors, and elevations;
C. Details for the exterior lighting on the building and in the public right-
of-way;
D. Additional details for the streetscape, including paving materials,
colors, and elevations;
E. Submission of a detailed landscaping plan;
F. A sign plan if signs are proposed for public safety or directional
purposes;
G. Additional detail for the balconies and terraces, including materials
and finishes and conformance with the Building Code;
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H. Additional details showing function of off-street loading and trash
removal and snow storage/removal; and,
A shadow impact diagram showing any shadowing effects on adjacent
property.
2. Planning staff recommends that the developer consider removal of the
surface parking area to the rear of the building in order to reduce the
likelihood of traffic congestion in this area. The surface parking area could
be replaced with a patio or landscaped area for tenant usage.
3. Grading and drainage plan approval is required for this application.
4. The developer will be required to execute a City prepared Agreement to
address the developer's obligations related to reconstruction of the alley
as a bridge design approved by the City. The Agreement will also
address the developer's obligations related to construction/payment for
improvements to 5t" Street SW and 2nd Avenue SW, streetscape
improvements, and for relocation/abandonment of any existing utilities
within the alley.
5. Revocable permits or other permissions will be required for all canopies,
overhangs, and any other encroachments over the public right-of-way.
6. Execution of a City -Owner Contract is required prior to
construction/reconstruction of public infrastructure to serve this
development. Any proposed public improvements lying within Owners
private property will require dedication of public easements prior to
construction.
7. Development charges/obligations applicable to the development of this
property include:
A. Sanitary Sewer Availability Charge (SAC)
B. Water Availability Charge (WAC)
C. Storm Water Management Plan Area Charge (SWMPAC) for any
net increase in impervious surface
D. Reconstruction of pedestrian facilities/pedestrian ramps
E. Plant Investment Fee (PIF) collected for individual lots at the time of
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building permit issuance
8. The water service for the building must be shown on the final plan in an
approved location and coordinated with the reconstruction of Fifth Street
S.W., project.
9. Any old water services found along either 1st or 2nd Avenues SW adjacent
to this project must be disconnected at the main in the street and the curb
box removed per RPU requirements.
10. 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.
11. All street, directional and fire lane signs must be in place prior to
occupancy of any buildings.
12. The applicant shall comply with Section 63.265, subd. 8, related to
Boulevard Tree Requirements.
13. Park dedication will be required if the property proceeds through a land
subdivision process to create individual parcels. Private parkland is
required in conjunction with this project.
14. As part of the Building Permit process, the neighboring building will need
to be reviewed and verified that it is capable of supporting any additional
snow drift or snow sliding loads.
15. The height of the structure above the public right-of-way alley will need to
meet the minimum requirements of the International Building Code
Chapter 32 and other requirements of the Rochester Public Works
Department.
16. The below grade parking structure will need to be designed to
accommodate the required traffic and other live loads imposed on the
structure. The utilities located in the alley are not permitted to run
through the proposed building/parking garage.
17. The property shall be re -platted into one lot through the platting process; and,
18. 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.
WHEREAS, on February 25, 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 following 20 conditions of approval-
1 . The Final Development Plan application shall include:
A. Revised Building Elevations that identify dimensions, building
materials, colors and type of glass;
B. Additional details for the canopies and any proposed awning,
including materials, colors, and elevations;
C. Details for the exterior lighting on the building and in the public right-
of-way;
D. Additional details for the streetscape, including paving materials,
colors, and elevations;
E. Submission of a detailed landscaping plan;
F. A sign plan if signs are proposed for public safety or directional
purposes;
G. Additional detail for the balconies and terraces, including materials
and finishes and conformance with the Building Code;
H. Additional details showing function of off-street loading and trash
removal and snow storage/removal; and,
I. A shadow impact diagram showing any shadowing effects on adjacent
property.
2. Planning staff recommends that the developer consider removal of the
surface parking area to the rear of the building in order to reduce the
likelihood of traffic congestion in this area. The surface parking area could
be replaced with a patio or landscaped area for tenant usage.
3. Grading and drainage plan approval is required for this application and the
developer provide high-level construction phasing plan.
4. The developer will be required to execute a City prepared Agreement to
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address the developer's obligations related to reconstruction of the alley
as a bridge design approved by the City. The Agreement will also
address the developer's obligations related to construction/payment for
improvements to 5t" Street SW and 2nd Avenue SW, streetscape
improvements, and for relocation/abandonment of any existing utilities
within the alley. The developer will provide a drawing showing the existing
site utility locations and a plan showing relocation and abandonment of any
utilities.
5. Revocable permits or other permissions will be required for all canopies,
overhangs, and any other encroachments over the public right-of-way.
6. Execution of a City -Owner Contract is required prior to
construction/reconstruction of public infrastructure to serve this
development. Any proposed public improvements lying within Owners
private property will require dedication of public easements prior to
construction.
7. Development charges/obligations applicable to the development of this
property include:
A. Sanitary Sewer Availability Charge (SAC)
B. Water Availability Charge (WAC)
C. Storm Water Management Plan Area Charge (SWMPAC) for any
net increase in impervious surface
D. Reconstruction of pedestrian facilities/pedestrian ramps
E. Plant Investment Fee (PIF) collected for individual lots at the time of
building permit issuance
8. The water service for the building must be shown on the final plan in an
approved location and coordinated with the reconstruction of Fifth Street
S.W., project.
9. Any old water services found along either 1st or 2nd Avenues SW adjacent
to this project must be disconnected at the main in the street and the curb
box removed per RPU requirements.
10. 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.
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11. All street, directional and fire lane signs must be in place prior to
occupancy of any buildings.
12. The applicant shall comply with Section 63.265, subd. 8, related to
Boulevard Tree Requirements as well as Urban Village Design guidelines
for canopy trees and structural soil standards.
13. Park dedication will be required per City Ordinance.
14. As part of the Building Permit process, the neighboring building will need
to be reviewed and verified that it is capable of supporting any additional
snow drift or snow sliding loads.
15. The height of the structure above the public right-of-way alley will need to
meet the minimum requirements of the International Building Code
Chapter 32 and other requirements of the Rochester Public Works
Department.
16. The below grade parking structure will need to be designed to
accommodate the required traffic and other live loads imposed on the
structure. The utilities located in the alley are not permitted to run
through the proposed building/parking garage.
17. The property shall be re -platted into one lot through the platting process.
18. 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.
19. The developer shall comply with Section 62.630, subd. 2(B)(5)(b) by opening
the access to the alley which currently block views to downtown.
20. Access to underground parking shall be maintained off the alley and not off of
Second Avenue S.W.; and,
WHEREAS, on March 16, 2015, the Common Council held a public hearing on the
Incentive Development Preliminary Plan (#R2015-002CUP), and gave all interested persons the
opportunity to make presentations and give testimony concerning the application; and,
WHEREAS, at the March 16t" public hearing, the Applicant's representative agreed with all
of the Planning Commission's recommended conditions of approval except for conditions #19 and
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#20; and,
WHEREAS, the Council continued the March 16t" public hearing to April 20, 2015.
Between the two public hearings, the Council spent approximately five hours considering this
application and the testimony provided by interested parties; and,
WHEREAS, on April 20, 2015, the Common Council held a public hearing on the Incentive
Development Preliminary Plan (#R2015-002CUP), and gave all interested persons the opportunity
to make presentations and give testimony concerning the application; and,
WHEREAS, at the April 20t" public hearing before the Common Council, attorney Brian
Childs, representing the People's Food Cooperative, Inc., and Metropolitan Market Place, LLC,
appeared and testified as follows:
A. Based upon the following grounds, the Urban Village Design Guidelines
("Guidelines") have been incorporated into the Rochester Downtown Master
Plan which, in turn, has been incorporated into the City's Comprehensive
Plan:
1. On August 3, 2009, during the Common Council's Committee of the
Whole meeting, the Council requested the Guidelines be incorporated
into the City's Downtown Master Plan.
2. The Guidelines did find their way into the Downtown Master Plan as
the latter refers to recommendations found in the Guidelines,
describes the development of First Avenue S.W., as an "urban
village," mentions an "urban village zone," mentions the University of
Minnesota Rochester's presence in the "urban village area,"
acknowledges the fact that First Avenue defines the start of an "Urban
Village district," and addresses the City's "Urban Village concept."
B. The proposed development does not satisfy the Guidelines. The proposed
development's fagade above the fourth floor is not set back from the right of
way line of any public or private street a distance of at least one foot for every
one foot of building floor height. The proposed development would span the
public alley resulting in obstruction of the alley's view corridor. The proposed
development's wall -mounted hearing and cooling units are inconsistent with
the Guidelines' emphasis on high quality architectural elements.
C. The Metropolitan Market Place and People's Food Cooperative were
required to comply with the Guidelines as part of the City's request for
proposals for the redevelopment of the former Minnesota Energy site at the
corner of First Avenue S.W., and Sixth Street S.W. The proposed
development should be held to the same standard.
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D. The proposed development does not satisfy the criteria found in R.C.O.
§62.630, subd. 2(B). The proposed development's height and placement is
incompatible with surrounding development by destroying views from the
primary exposures of adjacent residential dwellings. The proposed alley
span would prevent the proposed development from achieving appropriate
building separation; and,
WHEREAS, at the April 20t" public hearing before the Common Council, attorney Mark Utz,
representing the proposed development, appeared and testified as follows:
A. The Guidelines were never formally incorporated into the City's
Comprehensive Plan. To date, there is no city ordinance in place that
creates an urban village overlay zoning district.
B. Although it is not required to do so, the proposed development has attempted
to incorporate the Guidelines wherever possible. Adherence to some of the
Guidelines, however, would make the proposed development infeasible.
C. Several recent development projects in the proposed urban village zone,
including 318 Commons, the H3 Plaza, and the Metropolitan Market Place,
were not required to comply with the Guidelines' setback requirement. And,
all of these projects had significant public assistance to help with the cost of
development.
D. The spanning of the alley between First and Second Avenues does not result
in a destruction of a significant view corridor; and,
WHEREAS, at the April 20t" public hearing before the Common Council, the City Attorney
stated that it is his practice to prepare a formal resolution for the Mayor and Common Council's
consideration and use when making a change to or incorporating a new provision into the City's
Comprehensive Plan. After checking his computer files, he was unable to locate any formal
resolution that incorporated the Guidelines into the City's Comprehensive Plan. After checking
with the City Clerk, he was told the City Clerk was unable to locate any formal resolution that
incorporated the Guidelines into the City's Comprehensive Plan; and,
WHEREAS, at the April 20t" public hearing before the Common Council, the City Attorney
stated the mere mention of the Guidelines or references within the City's Downtown Master Plan to
an urban village, urban village zone, urban village area, urban village district, or an urban village
concept was insufficient to conclude the Council had formally adopted the Guidelines into the
Downtown Master Plan; and,
WHEREAS, based upon a substantial amount of all of the evidence and testimony
submitted during the March 16t" and April 20t" public hearings, the Council accepts the Planning
and Zoning Commission's recommended findings of fact and adopts them as its own. The Council
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finds that the proposed development satisfies the applicable review criteria found at R.C.O.
§62.630, subd. 2 if the applicant satisfies the following 17 conditions-
1 . The Final Development Plan application shall include:
A. Revised Building Elevations that identify dimensions, building
materials, colors and type of glass;
B. Additional details for the canopies and any proposed awning,
including materials, colors, and elevations;
C. Details for the exterior lighting on the building and in the public right-
of-way;
D. Additional details for the streetscape, including paving materials,
colors, and elevations;
E. Submission of a detailed landscaping plan;
F. A sign plan if signs are proposed for public safety or directional
purposes;
G. Additional detail for the balconies and terraces, including materials
and finishes and conformance with the Building Code;
H. Additional details showing function of off-street loading and trash
removal and snow storage/removal; and,
A shadow impact diagram showing any shadowing effects on adjacent
property.
2. Grading and drainage plan approval is required for this application and the
developer provide high-level construction phasing plan.
3. The developer will be required to execute a City prepared Agreement to
address the developer's obligations related to reconstruction of the alley
as a bridge design approved by the City. The Agreement will also
address the developer's obligations related to construction/payment for
improvements to 5t" Street SW and 2nd Avenue SW, streetscape
improvements, and for relocation/abandonment of any existing utilities
within the alley. The developer will provide a drawing showing the existing
site utility locations and a plan showing relocation and abandonment of any
utilities.
4. Revocable permits or other permissions will be required for all canopies,
13
overhangs, and any other encroachments over the public right-of-way.
5. Execution of a City -Owner Contract is required prior to
construction/reconstruction of public infrastructure to serve this
development. Any proposed public improvements lying within Owners
private property will require dedication of public easements prior to
construction.
6. Development charges/obligations applicable to the development of this
property include:
A. Sanitary Sewer Availability Charge (SAC)
B. Water Availability Charge (WAC)
C. Storm Water Management Plan Area Charge (SWMPAC) for any
net increase in impervious surface
D. Reconstruction of pedestrian facilities/pedestrian ramps
E. Plant Investment Fee (PIF) collected for individual lots at the time of
building permit issuance
7. The water service for the building must be shown on the final plan in an
approved location and coordinated with the reconstruction of Fifth Street
S.W., project.
8. Any old water services found along either 1st or 2nd Avenues SW adjacent
to this project must be disconnected at the main in the street and the curb
box removed per RPU requirements.
9. 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.
10. All street, directional and fire lane signs must be in place prior to
occupancy of any buildings.
11. The applicant shall comply with Section 63.265, subd. 8, related to
Boulevard Tree Requirements as well as Urban Village Design Guidelines
for canopy trees and structural soil standards.
12. Park dedication will be required per City ordinance.
14
13. As part of the Building Permit process, the neighboring building will need
to be reviewed and verified that it is capable of supporting any additional
snow drift or snow sliding loads.
14. The height of the structure above the public right-of-way alley will need to
meet the minimum requirements of the International Building Code
Chapter 32 and other requirements of the Rochester Public Works
Department.
15. The below grade parking structure will need to be designed to
accommodate the required traffic and other live loads imposed on the
structure. The utilities located in the alley are not permitted to run
through the proposed building/parking garage.
16. The property shall be re -platted into one lot through the platting process.
17. 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, based upon a substantial amount of all of the evidence and testimony
submitted during the March 16t" and April 20t" public hearings, the Council concludes that the
Guidelines were never formally incorporated into the City's Downtown Master Plan. There is no
formal Council resolution in place that accomplishes this task. The mere mention of word phrases
within the Master Plan, such as urban village, urban village zone, urban village area, urban village
district, or an urban village concept, are insufficient to transform a set of guidelines informally
discussed at the Common Council Committee of the Whole meeting into a formal memorialization
of municipal action by which the City officially adopted the guidelines as part of its zoning
regulations; and,
WHEREAS, based upon a substantial amount of all of the evidence and testimony
submitted during the March 16t" and April 20t" public hearings, the Council concludes that the fact
that the Guidelines were used by the City to review and analyze competing development
proposals seeking to redevelop the former Minnesota Energy site does not cause those
Guidelines to be officially adopted as part of the City's zoning regulations. Criteria to be
considered in reviewing competing redevelopment proposals do not constitute zoning regulations
criteria to be employed in reviewing an incentive development land use application; and,
WHEREAS, based upon a substantial amount of all of the evidence and testimony
submitted during the March 16t" and April 20t" public hearings, the Council concludes that no
evidence has been presented to it showing that the Council has formally adopted the Guidelines
as part of, or formally incorporated the Guidelines into, the City's Comprehensive Plan.
15
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 (#R2015-002CUP) requested by 501 1st LLC is granted subject to
the 17 conditions of approval described above.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF , 2015.
ATTEST:
PRESIDENT OF SAID COMMON COUNCIL
CITY CLERK
APPROVED THIS DAY OF .2015.
(Seal of the City of
Rochester, Minnesota)
Zone15\lncendev.15-002. prelim
MAYOR OF SAID CITY
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