HomeMy WebLinkAboutResolution No. 530-16 - RochesterShoppingCenter.PUDR2016-001.AmendmentRESOLUTION
WHEREAS, Miracle Mile, LLC, requested a Type III, Phase II Amendment to the Rochester
Shopping Center PUD #R2016-001 PUD to allow for the development of a 30,460 square foot
grocery store, 6,800 square feet of other commercial, retail, restaurant space, and a multi -family
housing project of five stories with 107 residential units. The property is located east of 17t"
Avenue S.W., north of First Street S.W., west of 16t" Avenue S.W., in the Miracle Mile Shopping
Center; and,
WHEREAS, the Miracle Mile Shopping Center was originally approved in the 1950's. In
1972 under Ordinance 1659 Community Shopping Center Plans became Planned Unit
Developments (PUD) provisions of the Zoning Ordinance. When the current Zoning Ordinance
and Land Development Manual (LDM) was adopted in 1992, it eliminated the PUD's. The LDM
provides for amendments to the existing PUD plans. Section 60.326 states that the term Planned
Unit Development shall also include Community Shopping Center Plans. According to section
60.326, an amendment to a PUD shall be processed through the Type III, Phase II hearing
process, and according to the regulation applicable to the criteria for restricted developments; and,
WHEREAS, amendments to an existing PUD are processed according to the regulations
applicable to a conditional use permit and restricted development; and,
WHEREAS, R.C.O. §61.146 (Standards for Conditional Use Permits) provides in part the
relevant criteria for the review of this application and states as follows:
61.146 Standards for Conditional Uses: Subdivision 1. The
zoning administrator, Commission or Council shall approve a development
permit authorizing a conditional use unless it determines one or more of the
following findings can be made with respect to the proposed development:
Subd. 2. Provisions for vehicular loading, unloading, parking and for
vehicular and pedestrian circulation on the site and onto adjacent public streets
and ways will create hazards to safety, or will impose a significant burden upon
public facilities.
Subd. 3. The site plan fails to provide pedestrian access to any
customer/tenant ingress/egress of the building, including from a public right-of-
way and off-street parking area that serves the use in a manner which minimizes
non-vehicular/vehicular conflicts.
Subd. 4. The intensity, location, operation, or height of proposed
buildings and structures will be detrimental to other private development in the
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neighborhood or will impose undue burdens on the sewers, sanitary and storm
drains, water or similar public facilities.
Subd. 5. The provision for on site bufferyards and landscaping does not
provide adequate protection to neighboring properties from detrimental features
of the development.
Subd. 6. The site plan fails to provide for the soil erosion and drainage
problems that may be created by the development.
Subd. 7. The provisions for exterior lighting create undue hazards to
motorists traveling on adjacent public streets or are inadequate for the safety of
occupants or users of the site or such provisions damage the value and diminish
the usability of adjacent properties.
Subd. 8. The proposed development will create undue fire safety hazards
by not providing adequate access to the site, or to the buildings on the site, for
emergency vehicles.
Subd. 9. In cases where a Phase I plan has been approved, there is a
substantial change in the Phase 11 site plan from the approved Phase I site plan,
such that the revised plans will not meet the standards provided by this section.
Subd. 10. The proposed conditional use does not comply with all the
standards applying to permitted uses within the underlying zoning district, or with
standards specifically applicable to the type of conditional use under
consideration, or with specific ordinance standards dealing with matters such as
signs which are part of the proposed development, and a variance to allow such
deviation has not been secured by the applicant; and,
WHEREAS, the Planning Department applied the criteria found at R.C.O. §61.146 to this
application and prepared the following finding of fact:
No findings for denial can be made for the criteria within section 61.146. As stated
in the section the Commission and Council shall approve a development permit
unless it determines that one or more of the findings can be made for this proposal.
It should be noted that the applicant will be required to submit a grading and erosion
control plan for the site that will be reviewed and acted on by the Public Works
Department and the Planning Department; and,
WHEREAS, R.C.O. § 62.708 (Criteria for Type III Developments — Restricted
Development) provides in part 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 to this
application and prepared the following findings of fact:
1) Preliminary Development Plan Criteria:
a) Capacity of Public Facilities: Public sewer and water and other
utilities are available to serve the site. A sewer capacity study was
completed by the applicant with the conclusion that the
downstream sewer system is adequate for the proposed phase of
development. The project will include the construction of storm
sewer that will improve the existing surface storm water flow in the
area.
b) Geologic Hazards: There are no known geologic hazards on the
property. There are no steep slopes. The site has no known
sinkholes and there are no hydric or floodplain soils.
c) Natural Features: The site slopes from 16t" Avenue SW down to
the existing buildings, with elevations on the site varying from
approximately 1008-1016. The proposed building finish floor will be
compatible with the existing buildings to the north. The existing
Miracle Mile Shopping Center does not possess substantial natural
features. The applicant has provided a landscape plan identifying
the proposed landscaped areas of the project.
d) Residential Traffic Impact: The project has multiple points of
ingress/egress locations to the existing roadway network. The
project will have minimum daily truck traffic for the grocery store.
There will be occasional moving van traffic associated with the
residential tenants. It is anticipated that truck traffic will use the
access point along 16t" Avenue SW, 1st Street SW or 17t" Avenue
SW. The project is not anticipated to create additional traffic
during evening and nighttime hours on local residential streets.
The ROCOG 2040 plan identifies 16t" Avenue SW as a Secondary
Urban Arterial and 17t" Avenue SW is identified as a Primary
Urban Collector.
e) Traffic Generation Impact: A Traffic Impact Report (TIR) has
been submitted on the project to evaluate the traffic impacts
anticipated to be generated by the proposed development. Based
on the TIR it appears that all of the intersections evaluated in the
report will operate at acceptable levels of service (LOS). The
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information in the TIR indicate that the expected traffic volumes on
adjacent streets will not exceed the design capacity.
f) Height Impacts: The proposed building height is 65 feet. The
PUD documentation did not identify a specific height allowed. The
maximum height identified in the B-4 General Commercial District
is 40 feet. The project is bounded by public streets on three sides
and the existing commercial shopping center to the north. It does
not appear that the proposed building will block sunlight from
reaching adjacent properties for any significant time period during
the year. The ground floor elevation of the proposed building is at
a lower elevation than that of the residential property east of 16t"
Avenue SW. The properties to the north and south of the project
site are existing commercial development. The property west of
the project site is TH 52.
g) Setbacks: The setbacks to the structure exceed the minimum
setback requirements of the B-4 General Commercial District which
has been the evaluation measure used for the Miracle Mile PUD.
The residential component of the project allows for additional
evaluation of the setback requirements. LDM 62.286 Yard
Setbacks for Multifamily Residential Uses over Three Stories
provides a specific calculation for setbacks. The 65 foot tall tower
calculates to a rear yard setback of 37.53 feet, this is the setback
for 16t" Avenue SW. The applicant is proposing a 25.70 foot
setback in that location to the residential tower.
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 mixed -
use building functions as a single structure with four floors of
residential above a grocery/commercial main floor. The building
has multiple entrance/exit points. The residential courtyard located
above the commercial uses is a U-Shaped opening that faces west.
i) Screening and Buffering: Landscape space is proposed
around the entire property and the narrative states that they are
providing 10% of the site as green space. The applicant has
provided underground parking for the residential units, the majority
of the surface parking is located west of the proposed structure.
The proposed development proposes to screen the parking from
the residential neighborhood east of 16t" Avenue SW. The
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applicant has provided a landscaping plan which identifies plant
material throughout the project site, along parking lots and public
right-of-way. The applicant proposed to provide trash and
recycling storage facilities located within the building. The area
dedicated to loading and unloading of service delivery vehicles is
proposed to be inside the building and screened from public view.
The applicant has identified materials to be used in the project as
high quality and durable. Materials include masonry veneer (Brick
CMU), Concrete fiber board (paneled lap siding) metal panel and
vinyl windows.
j) Ordinance Requirements: The project has identified underground
parking for the residential tenants, 107 units and 111 parking
spaces. The balance of the parking needs will be provided by the
surface parking areas contained within the amendment boundaries
and associated existing parking provided within the Miracle Mile
Shopping Center. It is anticipated that cross parking agreements
are in place for the existing parking configuration at the Shopping
Center, the applicant will need to provide documentation that this
site is included in those agreements. The amendment area is
dependent on the existing Miracle Mile Parking to meet the parking
requirements.
k) General Compatibility: The property has been a shopping
center for approximately 50 years. The Shopping Center has gone
through multiple changes and modifications over that time. The
project proposes a mixed use redevelopment with a commercial
and residential component. The project is located adjacent to
arterial and collector streets with commercial properties on three
sides and single family residential homes located east of the
property across 16t" Avenue SW. The primary orientation of the
retail component of the project is to the west and north side of the
development. The east side of the building provides a sidewalk,
benches, bike rack, access to the residential units and a proposed
patio associated with one of the commercial units. The exterior
elevations of the building identify multiple faces and materials to
break up the building facade into smaller components. The
residential tower is stepped back from the first floor exterior wall to
provide additional setback from the16th Avenue SW. The
residential homes along the east side of 16t" Avenue SW range
from 1 — 3 stories in height with pitched roof lines. The first floor of
the proposed development is at a lower elevation than the existing
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residential homes along the east side of 16t" Avenue SW. The
proposed project is identified as 5 floors. The applicant has
proposed a percentage of the residential units will be dedicated to
target income levels through a self-administered affordable
housing program.
1) Non -Vehicular and Alternate Modes of Travel: There is an
existing bus stop located at the corner of 16t" Avenue SW and 1st
Street SW. Rochester Public Transit identifies the site as being
served directly by three bus routes and is within 1400 feet of 2nd
Street SW which is a heavily served public transportation route.
The site plan for the development shows a network of sidewalks
and identified walkways within the property that connect to public
sidewalks located along the public roadways that bound the
property. The site plan identifies two locations for bike racks with
14 bike parking spaces. The residential units have a designate
bike storage location within the underground parking facility.
2) Final Development Plan Criteria:
a) Public Facility Design: Public sewer and water and other utilities
are available to serve the site. A sewer capacity study was
completed by the applicant with the conclusion that the
downstream sewer system is adequate for the proposed phase of
development. The plan satisfies requirements for public utilities
and infrastructure. The development is required provide a complete
pedestrian facilities system onsite and adjacent to the site within
the public ROW. RPU has comments in their referral and the
applicant must comply prior to issuance of building permits.
b) Geologic Hazard: There are no known geologic hazards on the
property. There are no steep slopes. The site has no known
sinkholes and there are no hydric or floodplain soils.
c) Access Effect: Access locations have been relocated to align the
existing internal vehicular network with the public and private
roadway connections along the perimeter of the project. The
driveway access to 16t" Avenue SW is aligned with West Center
Street with an off set of 15 degrees. The project has completed a
Traffic Impact Report which has been reviewed by the City of
Rochester Traffic Engineer. The City Engineer has accepted the
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driveway entrance from 1st Street SW in excess of 32 feet in width
to accommodate semi -truck delivery traffic.
d) Pedestrian Circulation: The site plan proposes to construct the
public sidewalks along 16th Avenue SW and 1st Street SW, with
the existing sidewalk along 17th Avenue SW the project is
bounded with public sidewalk. The site plan identifies pedestrian
connections to the public sidewalk in multiple locations on each
public ROW frontage. The site plan for the development shows a
network of sidewalks and identified walkways within the property
that connect to the public sidewalks. The Pedestrian and Site
design standards within the LDM classify the proposed
development as a Medium Scale Development which provides
design guidelines for pedestrian facilities. The Site Plan provides
elements to meet the criteria) of 63.273 Pedestrian and Site Design
standards for a medium scale development with one exception, the
sidewalk adjacent to the north side of the building is 8 feet in width
which is less than the 10 feet identified in the criteria.
e) Foundation and Site Plantings: A landscape plan has been
provided with the submittal which meets the requirements of the
LDM 63.151, requirements of a landscape plan. The applicant
provides the appropriate parking lot landscaping and screening as
required by the Land Development Manual. The applicant has
provided the appropriate boulevard trees for the project in
accordance with the LDM 63.265. The applicant has provide a
landscaping plan which identifies landscaping throughout the
project site and along the public right-of-way.
f) Site Status: The site is phase I of a multi -phased project under
the same ownership and development group. The project is
currently the site of the existing Miracle Mile Shopping Center.
Prior to development of the project, a section of the exiting building
will be demolished. The applicant has indicated that at a future
date a subdivision of property may be completed for the area, this
will require additional submittals and review by the Commission
and/or City Council.
g) Screening and Bufferyards: The landscaping plan identifies
boulevard trees along the public ROW. Landscape space is
proposed around the entire property and the narrative states that
they are providing 10% of the site as green space. The applicant
has provided underground parking for the residential units, the
majority of the surface parking is located west of the proposed
structure. The development proposes to screen the parking from
the residential neighborhood east of 16t" Avenue SW. The
applicant has provide a landscaping plan which identifies
landscaping throughout the project site and along the public right-
of-way. The applicant proposed to provide trash and recycling
storage facilities located within the building. The area dedicated to
loading and unloading of service delivery vehicles is proposed to
be inside the building and screened from public view.
h) Final Building Design: As submitted.
i) Internal Circulation Areas: The network of sidewalks and
walkways provide pedestrian connections to the public sidewalks.
City of Rochester Public Works Director must approve the two-way
access circulation along the west side of the proposed building to
address vehicular conflicts with the driveway ingress/egress on 1st
Street SW. The applicant proposes to reconfigure the existing
one-way parking lot between 17th Avenue SW and the existing
Miracle Mile Shopping Center to be signed for two-way circulation.
j) Ordinance Requirements: The planning staff has identified a
number of areas where the project does not comply with the
submittal requirements of the LDM for a complete review of the
project. The Planned Unit Development amendment is a unique
development style within our community and continue to be
governed by a unique set of development plan documents
approved by a Resolution of the Common Council.
k) Non -Vehicular and Alternate Modes of Travel: There is an
existing bus stop located at the corner of 16t" Avenue SW and 1st
Street SW. Rochester Public Transit identifies the site as being
served directly by three bus routes and is within 1400 feet of 2nd
street which is a heavily served public transportation route. The
site plan for the development shows a network of sidewalks and
identified walkways within the property that connect to sidewalks
located along the public roadways that bound the property. The
applicant site plan identifies two locations for bike racks, with 14
bike parking spaces provided. The residential units have a
designate bike storage location within the underground parking
facility; and,
WHEREAS, on September 28, 2016, and October 12, 2016, the Rochester Planning and
Zoning Commission held public hearings on this restricted development conditional use permit,
reviewed the application according to the requirements of sections 61.146 and 62.708, adopted
the Planning Department's recommended findings of fact and recommended approval of the
application subject to the following conditions-
1. The City of Rochester Public Works Director must approve the two-
way access circulation along the west side of the proposed building
to address vehicular conflicts with the driveway ingress/egress on
1st Street SW. Applicant shall submit a revised plan set reflecting
any changes required by the City of Rochester Public Works
Director prior to the approval of any building permits or plat
approval for the project.
2. The Grading and Stormwater Management Plan shall be approved,
prior to the approval of any building permits or plat approval for the
project.
3. Execution of a City Owner Contract is required prior to construction
of any public improvements.
4. Execution of a Maintenance Agreement will be required for any
new private on -site storm water management facilities that are
required as part of this project.
5. Dedication of the proposed 7 feet of public ROW along 16t"
Avenue SW is required prior to the approval of any building
permits or plat approval for the project.
6. Dedication of any applicable Pedestrian Facility & ROW
Maintenance Easements to address proposed encroachments of
public sidewalk within private property is required prior to the
approval of any building permits or plat approval for the project.
7. The centerline of the proposed private driveway off of 16t" Avenue
SW shall intersect with the centerline of West Center Street no
more than a 15 degrees offset is required.
8. The Traffic Impact Study needs to be approved and specific
responsibilities for the developer identified as part of this
development.
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9. The existing one-way parking lot configuration between 17t"
Avenue SW and the existing Miracle Mile Shopping Center will be
reconfigured and signed for two-way circulation, prior to the
approval of any building permits or plat approval for the project.
10. The southern face of the Existing Miracle Mile Shopping Center
building shall be restored in a manner consistent with the
appearance of the rest of the shopping center. The finished
appearance shall be consistent with the pictures provided on Sheet
CV101 of the revised submittal received in the planning office on
September 13, 2016. The information to support the finished
condition of the existing Miracle Mile Shopping Center shall be
provided prior to the issuance of the demolition permit for the
project.
11. Charges / Obligation applicable to the development may include
the following:
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. Plant Investment Fee (PIF) collected for individual lots at the
time of Building Permit issuance; and,
WHEREAS, the Common Council held a public hearing on October 17, 2016, on the
proposed amendment to the Planned Unit Development, and permitted all interested persons to be
heard; and,
WHEREAS, at the October 17t" public hearing, the Council continued the hearing until
November 21, 2016; and,
WHEREAS, at the November 21st public hearing, the Council considered the evidence and
testimony submitted, as well as the material contained in the meeting agenda; and,
WHEREAS, based upon a preponderance of the evidence submitted at the October 17t"
and November 21st public hearings, the Common Council adopts as its own the Planning and
Zoning Commission's recommended findings of fact and conditions of approval; and,
WHEREAS, based upon a preponderance and substantial weight of the evidence
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submitted at the October 17t" and November 21st public hearings, the Common Council determines
that the Applicant has satisfied the criteria of R.C.O. §§61.146, 62.708 if the above 11 conditions
are completed.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that the Type III, Phase II Amendment to the Rochester Shopping Center PUD #R2016-001 PUD,
requested by Miracle Mile, LLC, is in all things approved subject to the above 11 conditions.
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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.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone15\PUD.AmendMiracleMile01
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