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HomeMy WebLinkAboutResolution No. 208-15 - IncendFinalPlat.OliverLLC.R2015004CUPRESOLUTION WHEREAS, Oliver, LLC, applied for an Incentive Development Final Plan (#R2015- 004CUP) to permit the construction of a three-story, 15-unit apartment building with below grade parking within the R-3 (Medium Density) Residential Zoning District. The property is located along the north side of First Street and west of Seventh Avenue S.W; and, WHEREAS, R.C.O. § 62.630 provides the criteria for incentive developments against which this application must be analyzed; and, WHEREAS, on April 8, 2015, the Rochester Planning and Zoning Commission held a public hearing on this final plan, reviewed the application according to the criteria in R.C.O. § 62.630(2), and suggested the following findings of fact: Final Development Plan Criteria: a) Public Facility Design: The existing water services to the demolished houses at 801 and 805 1st St SW were abandoned when the new water main was installed in 2014 and a new 6" DIP water service stubbed out in the boulevard in front of 805 for this development. The water service for this building must connect to the new service noted above and must be shown on the final plan in an approved location. b) Geologic Hazard: There are no known geologic hazards related to this project. c) Access Effect: The building's main entrance is on the south which is enhanced with abundant amounts of landscaping and a pedestrian "pocket park". Access to the underground parking will be on the north side of the building and will be accessed by driveway along the west side of the building. Access to the underground parking is on the north side of the building utilizing a shared drive to the west with the Kutzky House. d) Pedestrian Circulation: The plan includes elements to assure that pedestrians can move safely both within the site and across the site between properties and activities within the neighborhood area. The plan shows the building's main entrance on the south which is enhanced with abundant amounts of landscaping and a pedestrian "pocket park." e) Foundation and Site Plantings: A landscape plan for the site has been prepared which indicates the finished site will be consistent with the landscape character of the surrounding area. 1 f) Site Status: Access to the underground parking is on the north side of the building utilizing a shared drive to the west with the Kutzky House. A recorded Access Agreement will be required. A Landscape Plan is required showing a "C" bufferyard, which includes overstory trees, understory trees, shrubs and a 4' high picket fence. (The applicant owns the land to the west and ownership of the bufferyard can remain in the ownership of the original developer or may be transferred to any consenting grantee, such as adjoining landowners). g) Screening and Bufferyards: Residential units are designed to incorporate private outdoor spaces and individual unit privacy. h) Final Building Design: The final building design is consistent with the principles identified in preliminary development plan relative to Height Impact, Setbacks, and Internal Site Design. i) Internal Circulation Areas: Plans for off-street parking and loading areas and circulation aisles to serve these areas appear to meet the ordinance. j) Ordinance Requirements: The applicant will need to submit revised Landscape Plans showing compliance with the "C" Bufferyard requirements along the west side of the property. A recorded conveyance will be need to be recorded and submitted to the Planning Department. The City Council held a public hearing on February 18t", 2015, and based upon a substantial amount of all of the evidence and testimony submitted during the public hearing, recommended findings of fact and conditions of approval for the Prelimary Plan, associated Design Modification and Variances. k) Non -Vehicular and Alternate Modes of Travel: The proposed development incorporates pedestrian oriented space by having direct access to the sidewalk from some of the individual units and is within walking distance of many areas of downtown. With this location, it is likely that residents will walk, bike, or ride the bus to work, shop, and for their entertainment needs. There is a bus stop about two blocks away, there is underground bike parking as well as the ability to rent a Zip Car from the Nicholas Apartments to the north. 1) Master Plan Consistency: The proposed development is consistent with the City of Rochester's Land Use Plan as well as the Imagine Kutzky Vision Plan. 2 "...by preserving, enhancing, and promoting Kutzky Park as a vibrant and sustainable mixed -use urban neighborhood, maintaining existing unique character, and addressing urban -design principles that maximize the walkable, mixed -use urban character traits already established." (Pg. 79 & 80, Imagine Kutzky Vision Plan, Land Use Plan for the Rochester Urban Service Area) "New multi -family structures are frequently quite different in architectural character and appearance from single-family structures because of their bulk, height, setback, and general design." (Pg. 29, Land Use Plan for the Rochester Urban Service Area) "While it is recognized that single and multi -family uses are significantly different in many respects, the Plan nevertheless allows, and in some cases promotes, the mixture of these uses in low -density residential areas. Such areas are identified in older neighborhoods where structural and use characteristics indicate that a transition from single-family to higher density residential uses either has already occurred using existing structures or should occur with replacement of structures. Ensuring the viability of existing older neighborhoods may not be possible without encouraging redevelopment through such means as allowing higher density residential uses." (Pg.29, Land Use Plan for the Rochester Urban Service Area); and, WHEREAS, the Rochester Planning and Zoning Commission recommended approval subject to the following conditions- 1. An application for a Type I Metes and Bounds is required to create one lot of record; 2. A new Landscape Pland and a recorded conveyance for the "C" Bufferyard to the west with the "Kutzky House" lot is required that guarantees the protection and maintenance of the bufferyard for its intended purpose; 3. A recorded access agreement is required for the shared access with the "Kutzky House" to the west; 4. Further review of the "Kutzky House" to the west as anything other than the permitted single family dwelling is required and is not part of this application; 5. A Traffic Impact Study (TIS) is required as part of the review process for this development in the City of Rochester pursuant to section 61.520 of the Rochester Land Development Manual, unless waived by the City 3 Engineer; 6. Grading and Drainage Plan approval is required; 7. Boulevard trees are required for the development at the rate of one tree per 35 feet of frontage on First Street S.W. The owner shall determine if a payment method or the installation of boulevard trees meets their obligations for this development; 8. The existing water services to the demolished houses at 801 and 805 First Street S.W., were abandoned when the new water main was installed in 2014 and a new six-inch DIP water service stubbed out in the boulevard in front of 805 for this development. The water service for this building must connect to the new service noted above and must be shown on the final plan in an approved location; 9. Application to the Planning Department's GIS Division for a new E911 Address is required; 10. An additional ten -foot public utility easement is required along the south side of the properties with the PIN #005163, #005164 and the west side of properties with the PIN #005163. The easement along the west side shall be maintained as a paved surface by the owner; and, 11. 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 presented to the Council without the Council's prior approval; and, WHEREAS, the Common Council held a public hearing on the incentive development preliminary plan request on May 4, 2015, and gave all interested persons an opportunity to give testimony and make presentations; and, WHEREAS, the Applicant's representative appeared at the public hearing and testified that the Applicant agreed with all of the above recommended conditions of approval; and, WHEREAS, at the May 4t" public hearing, the Council added the following 12t" condition of approval: 12. The patio shall be built with those building materials presented to the Planning and Zoning Commission. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester 4 that it adopt the Planning and Zoning Commission's findings of fact and recommended conditions of approval, and that Incentive Development Final #R2015-004CUP Final Plan requested by Oliver, LLC, to permit the construction of a three-story, 15-unit apartment building with below grade parking within the R-3 (Medium Density) Residential Zoning District in the area of First Street and Seventh Avenue S.W., is granted subject to the 12 conditions of approval described above. 5 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. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Zone15\Incendev.15-004.final 1.9