HomeMy WebLinkAboutResolution No. 572-16 - Alatus.RestrictDevelopFinalPlanR2016-022CUPRESOLUTION
WHEREAS, ALATUS, LLC, applied for a Restricted Development Final Plan #R2016-
022CUP to allow for the development of a 13-story building with 347 residential units, 21,000
square feet of retail/office space, and a 560-space parking facility. The property is located along
Second Street S.W., between 14t" Avenue S.W., and 15t" Avenue S.W.; and,
WHEREAS, the property is legally described on the attachment; and,
WHEREAS, since the property is zoned R-1 (Mixed Single Family), PUD — Planned Unit
Development, and B-1 (Restricted Commercial District), and since the proposed mix of
intensity and density of development is not permitted under these zoning designations, the
Applicant is proposing the development through the restricted development process; 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
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: The project construction plans will be
reviewed and approved the appropriate City of Rochester approval
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agencies. The project is being designed in accordance with the
City of Rochester standards. The applicant is working with the City
of Rochester to develop and record a Development Agreement for
the property to insure that all private and public facilities meet the
requirements and standards of the City of Rochester.
B. Geologic Hazards: No known geologic hazards on the site. There
are no slopes and the parcel is flat. The site has no known sinkholes
and there are no hydric or floodplain soils.
C. Access Effect: The two existing access points on to 2nd Street SW
from the project are being removed which is consistent with the
desire to reduce the uncontrolled access points on to 2nd Street
SW. The access points proposed in the final plan are consistent
with the locations proposed in the preliminary development plan.
The access points have been reviewed by the City of Rochester
Public Works for conformance with the roadway authority.
The proposed access points on 14t" Avenue SW conform to the
minimum separation guidelines found in 64.143 Access Spacing
Standards of the LDM. A 150 foot separation is required from 2nd
Street SW. The proposed 60 foot separation between the drop off
entrance and the parking garage entrance has been determined by
the Rochester Public Works Department to be consistent with
applicable guidelines.
The proposed access points on 15t" Avenue SW conform to the
minimum separation guidelines found in 64.143 Access Spacing
Standards of the LDM, for both separation between driveway and
driveway separation to interesting streets.
The traffic from the development on 15t" Avenue SW is limited from
entering the residential neighborhood south of the project due to
the installation of the `Choker'. The service vehicle loading
entrance is located nearest to 2nd Street SW. The loading and
unloading area is located inside the building to minimize noise.
Entrance and exit to/from the parking facility is from 14th Avenue
SW and 15th Avenue SW. The 15th Avenue SW entrance and exit
will have garage doors activated by security controlled fobs issued
to the residential tenants. The commercial users of the facility will
only be allowed to enter on 14th Avenue SW. The garage doors at
the 15t" Avenue SW entrance/exit points will limit the noise and
exterior sidelines into the parking area of the building. The parking
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design is consistent with plan proposed during the preliminary
design.
The traffic report reviewed and approved by the City of Rochester
Public Works identified a number of improvements listed below:
1. Improvements and modifications to the Second Street S.W.,
and TH 52 ramps, which will require coordination with MnDOT.
2. Signal optimization study along Second Street S.W.
3. Street Improvements along 15th Avenue SW to restrict
vehicular traffic from exiting south on 15th Street SW and
accessing the Folwell Neighborhood, identified as the
`Choker'.
4. The applicant proposes to construct a traffic signal at the
intersection of 15t" Avenue S.W., and Second Street S.W.
The applicant has additional transportation related improvements that
have been identified in the project which include-
1. Additional 17 feet of right-of-way dedication along Second
Street S.W.
2. Vacation of public alley between 14t" Avenue S.W., and 15t"
Avenue S.W.
3. Dedication of a public alley which connects the existing alley to
15t" Avenue S.W.
D. Pedestrian Circulation: The project site provides adequate
pedestrian circulation by providing public and private sidewalks
connections along the boundary of the site.
The pedestrian circulation identified along 2nd Street SW is public
sidewalk buffered from the public street with boulevard trees, plant
material, seating areas and bike racks. The 10 foot wide sidewalk
provided the north -south pedestrian waking space and access to
the commercial unit proposed in the development.
The intersection of 2nd Street SW and 14t" Avenue SW proposes a
public plaza space with public art, seat walls, bench seating areas,
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landscape materials, and vehicular drop off space. An 8 foot public
sidewalk is identified south along 14t" Avenue SW from the
intersection to the first entrance drive. The plaza space provides
pedestrian access to the commercial spaces, and the residential
entrance to the apartment lobby. The applicant proposes a 6 foot
sidewalk from that point to the southern property boundary. The
project identifies boulevard trees and foundation plantings near the
entrances to the townhome buildings.
The applicant proposes a sidewalk connection from 14t" Avenue
SW to the Alley. The area has landscape material meeting the
buffer requirements and pedestrian level lighting.
The sidewalk connection along the alley with connection to 15t"
Avenue SW provides for a unique pedestrian experience with a
curvilinear sidewalk, landscape materials, brick paver boulevard
and pedestrian level lighting.
The sidewalk along 15t" Avenue SW provides boulevard trees and
public sidewalk connection.
E. Foundation and Site Plantings: The applicant has provided a
detailed landscape plan which is included in the packet. The
landscape plan provides the required boulevard tree plantings
required by the LDM. The landscape plan provides the required
bufferyard plantings required by the LDM. The landscape plan
identifies plant material throughout the project site that provide
structure and interest. The townhome entrances are landscaped
with canopy trees, and foundation plantings similar in character to
the surrounding neighborhood. The alley area has a similar
combination of canopy trees and ground level plantings to soften
and provide delineation and organization to the area. The 2nd
Street SW corridor has a landscape boulevard to complement the
boulevard trees along the frontage.
F. Site Status: The project will be owned and maintained by Alatus,
the developer of the project. The developer is working with the
City of Rochester on a Development Agreement that will address
any inadequate public facilities. The Development Agreement will
be approved the City Council and is required prior to the submittal
of the Final Plat for the project.
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G. Screening and Bufferyards: The applicant has provided a
landscape plan and indicates the project will have 14% landscape
area. The R-4 & CDC -Residential standards indicate a 20%
requirement. The project provides screening of the parking facility
by placement of residential units in strategic locations. The layout
of the building components locate the townhouse units as a buffer
between the higher density residential tower located near 2nd Street
SW.
The applicant is providing Boulevard Trees along 14t" Avenue SW,
15t" Avenue SW and 2nd Street SW as required by the LDM. The
applicant is providing the appropriate bufferyard plantings as
required by the LDM.
The landscape plan provides for landscape materials to be placed
in key areas of the site including a landscape boulevard along 2nd
Street SW and near the public space near the main entrance into
the residential building. The detailed foundation plantings provide
landscape material in the alley areas and near the entrances to the
townhome buildings along 14th Avenue SW and 15th Avenue SW.
The 15th Avenue SW entrance and exit will have garage doors
activated by security controlled fobs issued to the residential
tenants. The commercial users of the facility will only be allowed to
enter on 14th Avenue SW. The garage doors at the 15th Avenue
SW entrance/exit points will limit the noise and exterior sidelines
into the parking area of the building.
H. Final Building Design: The project is consistent with the design
principles presented in the preliminary development plan. The
project materials and architectural design remain consistent with
the information provided in the preliminary development plan. The
final plan proposes a 13 story building which is unchanged from
the preliminary development plan review. The applicant has
refined the building design and provided additional site planning
detail in the final plan submittal showing lighting elements,
landscape treatments, and pavement details. The setbacks for the
building are documented in the Appendix — Zoning Analysis and
Comparable Development. The proposed setbacks are consistent
with those proposed during the preliminary development plan
review. The internal site design presented in the final plan
submittal is consistent with the information submitted in the
preliminary design.
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Internal Circulation Areas: The 560 spaces proposed for the
vehicular parking is enclosed inside of the building. The parking
areas and site access have been designed to minimize impacts to
residential streets. Access to the parking facility will have entrances
from 14t" Avenue SW and 15t" Avenue SW. The project limits traffic
from existing south from the parking facility along 15t" Avenue SW
by redesigning the 15t" Avenue to not allow traffic to flow south,
known as a 'Choker'. The traffic tables in the TIR indicates 15t"
Avenue south of the `Choker' has a total volume 703 trips per day.
64.127 of the Land Development Manual indicates that a local
street should not exceed 1,000 average daily trips. The traffic
report indicates that "The proposed development is expected to
meet the requirements of Service Standard # 4 Residential Street
Impact, south of the proposed garage access where the most
impact to the existing residents would occur". The commercial
business associated with the project are expected to have
vehicular access from 2nd Street SW. The access point on 14t"
Avenue SW has a pedestrian drop off near the primary entrance to
the residential units. The designated loading and unloading
access point is from 15t" Avenue SW. The Traffic Impact Report
evaluated the project access points and has been accepted by the
City of Rochester Public Works Department. The development
proposes 34 bike parking stalls on the exterior of the building or
commercial users and 347 bike parking stalls on the interior of the
building for residential tenants. The project proposes public and
private walkways on all frontages of the project.
J. Ordinance Requirements: The underlying zoning districts includes
R1- Mixed Single Family District, 131- Restricted Commercial
District and PUD - Planned Unit Development, the restricted
development process is using the R4 - High Density Residential
/CDC-RES -Central Development Core Residential as the
comparative analysis for the project. The Appendix — Zoning
Analysis and Comparable Development outlines the projects
conformance with the comparable ordinance regulations.
K. Non -vehicular and Alternate Travel Modes: The project
provides for private and public pedestrian oriented open spaces
along 2nd Street SW and near intersection of 2nd Street SW and
14t" Avenue SW. Pedestrian oriented spaces area provided near
the townhome entrances which incorporate porches, stoops and
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appropriate landscape treatments. The project is located next to a
busy public transit route along 2nd Street SW. The plan indicates
public sidewalks and private walkway that will provide direct and
convenient access to the building as a resident or a commercial
user. The applicant has provided 17 bike racks to accommodate
34 bikes near the entrances to the commercial uses in the building
and 347 bike parking stalls are located inside the building (one
bike parking stall for each residential unit). The project plan
indicate the location of a future tunnel connection to the project.
The future connection will provide pedestrians with access to other
commercial establishments and connection to the Saint Marys
Campus; and,
WHEREAS, the Planning Department's November 30, 2016, staff report states that the
Planning Department staff recommends approval of the Restricted Development Plan —
Conditional Use Permit subject to the following conditions-
1. All water services identified by Rochester Public Utilities shall be
abandoned properly per the requirements of Rochester Public Utilities.
2. Rochester Public Utilities — Electric require utility easements be added to
the project as follows:
A. Provide a 10' utility easement on the north side of the pedestrian
sidewalk running east — west located along the southern property
boundary.
B. Provide at a minimum a utility easement to the building structure or
a maximum of a 10' utility easement behind the Alley right of way
from the southern property boundary to the connection with 15t"
Avenue SW.
C. Provide at a minimum a utility easement to the building structure or
a maximum of a 10' utility easement behind the pedestrian
sidewalk along 15t" Avenue from the Alley north to 2nd street SW.
3. The developer is responsible for payment for all cost associated with the
conversion of the overhead electric lines presently located along 14t"
Avenue SW to underground lines.
4. The alley design shall conform to the needs of the Rochester Fire
Department as identified in the referral comments. Prior to submittal of
the final plat or issuance of the building permits provide documentation
that the alley design meets the requirements outline in the Rochester Fire
Department Referral commends Date 11-14-2016.
5. There are inadequate on and off site public facilities, specifically Public
Roadways, Sanitary Sewer, Water, Parking and Storm Water
Management Facilities, existing to accommodate the re -development of
this Property. No re -development will be allowed to occur until the City
Council has determined that all required public facilities are adequate for
said re -development. Alternatively, the developer may request to join with
the City in making these inadequate public facilities adequate for this re-
development, and may enter into a Development Agreement, prior to final
plat submittal (or final development approval if there is no plat), that
outlines the developer's and City's obligations related, but not limited to:
access, Right -of -Way dedication, access to abutting properties,
stormwater management (including any obligations for on or off -site
facilities), transportation improvements (including obligations related to
existing perimeter and proposed new roadways and alleys), pedestrian
facilities & connections, financial obligations related to development
charges and improvements to public infrastructure.
6. An approved grading and drainage plan and payment of any applicable
storm water management area charge is required prior to the final plat
submittal or issuance of a building permit if no plat is required;
7. An approved construction plan is required to the final plat submittal or
issuance of a building permit I no plat is required;
8. The applicant shall dedicate the appropriate easements to address the
sidewalk connection from 14t" Avenue SW to 15t" Avenue SW along the
southern boundary of the site and along the alley. The applicant shall
work with the City of Rochester Public Works Department to satisfy the
required condition prior to the final plat submittal or issuance of a building
permit if no plat is required;
9. The applicant shall dedicate the appropriate easement or ROW to
address the vehicular connections in the in the alley. The applicant shall
work with the City of Rochester Public Works Department to satisfy the
required condition prior to the final plat submittal or issuance of a building
permit if no plat is required;
10. Execution of a Maintenance Agreement is required for any new private
on -site storm water management facilities that are required as part of this
project;
11. There is an existing Maintenance Agreement in place for private on -site
storm water management facilities within Lot 6 Block 1 Flathers Addition.
The applicant will need to obtain a release of this agreement from the City
and is required prior to the Final Plat Submittal or issuance of a building
permit if no plat is required;
12. Execution of a City -Owner Contract will be required for any public
improvements required for this proposed re -development;
13. The tunnel proposed within the proposed 17 feet of ROW Dedication
along 2nd Street SW will require the execution of a Revocable Permit
Agreement;
14. Charges/Obligations 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;
E. Transportation improvement obligations;
15. The applicant shall re -plat the property prior to the issuance of the
building permits;
16. Prior to the recording the final plat, issuance of a building permit or
grading plan the applicant shall have the needed petitions to vacate the
public alley and public ROW in a form to initiate the vacation process;
17. Staged Development Condition: The applicant shall revise the
Temporary Occupancy Site Plan sheet EX-1 to include the following
information prior to approval of the building permits for modifications to
the to the existing building located at 327 14t" Avenue SW:
A. Update the zoning table to include the conformance with Exterior
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Lighting Standard B;
B. Provide a photometric plan to document the conformance with
Exterior Lighting Standard B;
C. Update the zoning table and Site Plan to include conformance with
Exterior Storage Standard T;
D. Update the zoning table and Site Plan to indicate the conformance
with F2 Fence Standard for a bufferyard along the southern
boundary of the property by adding a 6 foot tall stockade fence as
indicated in the staff report;
E. Update the zoning table and Site Plan to indicate the conformance
with the Hours of Operation as 7 am — 9 pm for the personal
services use;
18. Staged Development Condition: The Temporary Occupancy of the 327
14t" Avenue SW as a personal service use is limited to 24 months from
the issuance of the building permit for the modifications to the existing
building located at 327 14t" Avenue SW;
19. Staged Development Condition: The applicant shall receive planning
department approval of a building permit site plan or demolition permit for
existing building located at 327 14t" Avenue SW prior to receiving
approval of the demolition permits for the other buildings located within
the boundary of the Alatus Project; and,
WHEREAS, on November 30, 2016, 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 19 conditions of approval
described above; and,
WHEREAS, on December 19, 2016, 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 December 19t"
public hearing, the Common Council adopts as its own the Planning Commission's recommended
findings of fact and eight conditions of approval as described above; and,
WHEREAS, based upon a preponderance and substantial weight of the evidence
submitted at the December 19t" public hearing, the Common Council determines that the Applicant
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satisfied the criteria of R.C.O. §62.708 subject to the 19 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 #R2016-022CUP requested by ALATUS, LLC, is in all
things approved subject to the 19 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 , 2016.
PRESIDENT OF SAID COMMON COUNCIL
APPROVED THIS DAY OF , 2016.
(Seal of the City of
Rochester, Minnesota)
Zone 15\RestDevFi na1.1622
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MAYOR OF SAID CITY
Legal Description Summary
Tract A and D: 1406 Second Street Associates, LLC, a Minnesota limited liability company
Address:1406 2nd Street Southwest, Rochester Minnesota 55902
- TR A r-r A
o Parcel 1:
■ The North 131 feet of Outlot 1, Hammer & Fannings Addition to the City of
Rochester, according to the recorded plat thereof, Olmsted County, Minnesota.
(Abstract Property)
• Tax Parcel No. 64.03.12.009043 (Tract A: Parcel 1)
o Parcel 2:
■ Lots 6, 7 and 8, Block 1, Flathers Addition to Rochester Minnesota, according to
the recorded plat thereof, Olmsted County, Minnesota. (Abstract Property)
• Tax Parcel No. 64.03.12.007626 (Tract A: Parcel 2 - Lot 6)
• Tax Parcel No. 64.03.12.007627 (Tract A: Parcel 2 - Lot 7)
• Tax Parcel No. 64.03.12.007628 (Tract A: Parcel 2 - Lot 8)
o Parcel3:
■ Lot One (1), Block One (1), Blondell's First Subdivision, according to the recorded
plat thereof, Olmsted County, Minnesota. (Abstract Property)
• Tax Parcel No. 64.03.12.002495 (Tract A: Parcel 3)
TR A r-r n
o Lots 9, 10, 11 and 12, Block 1, Flathers Addition to Rochester Minnesota, according to
the recorded plat thereof, Olmsted County, Minnesota. (Abstract Property)
■ Tax Parcel No. 64.03.12.007629 (Tract D, Lot 9)
■ Tax Parcel No. 64.03.12.007630 (Tract D, Lot 10)
■ Tax Parcel No. 64.03.12.007631 (Tract D, Lot 11)
■ Tax Parcel No. 64.03.12.007632 (Tract D, Lot 12)
Tract B: Susan Poulson
Address: 22415`" Avenue Southwest, Rochester Minnesota 55902
- Lot One (1), Block Two (2), Hammer and Fanning's Addition to the City of Rochester, according
to the recorded plat thereof, Olmsted County, Minnesota. (Abstract Property)
o Tax Parcel No. 64.03.12.009012 (Tract B)
Tract C: Theodore J. Hanson and Lindsey Hanson, husband and wife as joint tenants
Address: 21615`" Avenue Southwest, Rochester Minnesota 55902
The North 50 feet of the South 100 feet of Outlot 1, Hammer and Fanning's Addition to the City
of Rochester, according to the recorded plat thereof, Olmsted County, Minnesota.
(Abstract Property)
o Tax Parcel No. 64.03.12.009042 (Tract C)
Tract E: Moira A. Waldron and Gregory L. Waldron, as joint tenants
Address: 22015t" Avenue Southwest, Rochester Minnesota 55902
- The South 50 feet of Outlot 1 in Hammer and Fanning's Addition to the City of Rochester,
according to the recorded plat thereof, Olmsted County, Minnesota. (Abstract Property)
o Tax Parcel No. 64.03.12.009044 (Tract E)
Tract F: Leroy S. Quam and Margaret E. Quam, husband and wife, as joint tenants
Address: 30415t" Avenue Southwest, Rochester Minnesota 55902
- Lot Two (2), Block Two (2), Hammer and Fanning's Addition to the City of Rochester, according
to the recorded plat thereof, Olmsted County, Minnesota. (Abstract Property)
o Tax Parcel No. 64.03.12.009013 (Tract F)
Tract G: Gordon M. Tannahill and Martina B. Tannahill, husband and wife, as joint tenants
Address: 30615t" Avenue Southwest, Rochester Minnesota 55902
- Lot 3, Block 2, Hammer and Fanning's Addition to the City of Rochester, according to the
recorded plat thereof, Olmsted County, Minnesota. (Abstract Property)
o Tax Parcel No. 64.03.12.009014 (Tract G)