HomeMy WebLinkAboutResolution No. 022-17 - Rochester1stAvenueMixedUse.CUP#R2016-038.
RESOLUTION
WHEREAS, Opus Group applied for a Type III, Phase II Incentive Development Preliminary
Plan (#R2016-038CUP) to permit the construction of a six-story residential housing project with
underground parking. The property is located at the intersection of Fifth Street S.W., and First
Avenue S.W., between First Avenue S.W., and Broadway Avenue South; and,
WHEREAS, the legal description for the property affected by the application is as follows:
Exhibit A:
Real property in the City of Rochester, County of Olmsted, State of Minnesota,
described as follows:
Parcel 1:
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All that tract or parcel of land situate and lying in the County of Olmsted, State of
Minnesota, described as follows towit:
Lot 1 and the South 15.50 feet of Lot 2, Block 9, Original Plat, Rochester,
Minnesota, and that part of the vacated alley described as: Commencing at the
Southeast corner of said Lot 1; thence North on the East line of said Lot 1 to a
Point 2.38 feet South of the North line of said Lot 1; thence East 18 feet; thence
South parallel with the East line of said Lot 1 to the South line of said Lot 1 if
extended East; thence West on the South line of said Lot 1 if extended, to point
of beginning.
Commencing for a place of beginning at the Northwest corner of Lot 7, Block 102,
Willson’s Addition to Rochester, Minnesota, thence North 75 feet to the
Southwest corner of Lot 1, Block 9, Original Plat, thence Easterly along the
South line of Lot 1, Block 9, Original Plat and continuing Easterly along the
South line of Block 9, Willson’s Addition, to the Southeast corner of Lot 6, Block
9, Willson’s Addition; thence South 75 feet to the Northeast corner of Lot 6,
Block 102, Willson’s Addition; thence Westerly along the North line of Block
102, Willson’s Addition, to the Northwest corner of said Lot 7, Block 102,
Willson’s Addition, which is the place of beginning.
Lots Six (6), Seven (7), and Eight (8), all in Block Nine (9), Willson’s Addition.
That part of Block 102, Willson’s Addition to Rochester, Minnesota, described as
follows:
Beginning at the Northwest corner of said block; thence Southerly on an
assumed azimuth from North of 180 degrees 04 minutes 50 seconds along the
West line of said Block, 36.00 feet; thence Easterly 90 degrees 01 minute 19
seconds azimuth parallel with the North line of said Block, 187.07 feet; thence
Northeasterly 39 degrees 03 minutes 07 seconds azimuth 20.60 feet to a point
88.30 feet West of the East line of and 20.00 feet South of the North line of said
Block; thence Easterly 90 degrees 01 minute 19 seconds azimuth parallel with
the North line of said Block, 88.30 feet to the East line of said Block; thence
Northerly 00 degrees 05 minutes 05 seconds azimuth along the East line of said
Block 20.00 feet to the Northeast corner of said Block; thence Westerly 270
degrees 01 minute 19 seconds azimuth along the North line of said Block,
288.32 feet to the place of beginning.
Registered Property Certificate of Title No. 35315.0
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Parcel 2:
Nonexclusive easements for pedestrian and vehicular access as defined and
depicted in the Reciprocal Easement Agreement dated December 31, 2013,
recorded January 8, 2014 as Document No. A339319 in the office of the County
Recorder for Olmsted County, Minnesota, and as Doc. No. T136235 in the Office
of the Registrar of Titles; and,
WHEREAS, the project is being proposed through the Incentive Development Conditional
Use Permit process because the permitted density of the CDC-FR zoning district would only
permit about 76 dwelling units; 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:
Suitability of the Area
A. : The proposed building bulk would be generally
permitted within the CDC-FR zoning district. The Incentive Development
application is necessary to achieve the residential density proposed
within the development. The applicant has not identified natural
characteristics on the site that necessitate increased density to allow for
economic development of the site.
B. Site Design Criteria:
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Capacity of Public Facilities
(1) : The site is in a developed area. The
applicant may enter into a development agreement prior to final
development approval to ensure that adequate public facilities are
provided.
Geologic Hazards
(2) : There are no known geologic hazards on this
site.
Natural Features
(3) : The proposal is a redevelopment of a
previously-developed site. This standard does not apply to a
previously-developed site.
Traffic Generation Impact
(4) : A condition of approval has been added
to require the submittal of a traffic impact study or a request for a
traffic study waiver.
Height Impacts
(5) : A shadow study was submitted with the
application showing where the building will cast shadows at various
times of the day throughout the year. The properties immediately to
the north of the site would be the primary recipients of shadow from
the building. The shadow study shows that structures on those lots
would not receive significant amounts of shade throughout the
year. Additionally, the proposed building form is within the
permitted height and massing constraints of the underlying CDC-
FR zoning district, and could be permitted through a Type I
approval if the use did not need conditional use approval. There
are no adjacent residential dwellings that will have blocked views
due to the proposed development.
Setbacks
(6) : The proposed building complies with all required
setbacks within the proposed CDC-FR zoning district.
Internal Site Design
(7) : The proposed building identifies active
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retail uses along the 1 Avenue frontage and uses related to the
upper-story residential use along Broadway Avenue. These uses
will help to activate street frontages.
Screening and Buffering
(8) : Traffic circulation within the site
will occur within the interior parking areas. These parking areas are
screened from the outside by exterior building walls and active
uses along the adjacent street frontages. Bufferyards are not
required with this development within the CDC-FR zoning district.
However, the site plan includes tree and landscaping planter areas
along the north, east, and west sides of the development.
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Ordinance Requirements
(9) : The project meets most ordinance
requirements of the underlying CDC-FR zoning district. The
incentive development analysis table shows that the provided
parking might be less than required within the Downtown Parking
Overlay Zone (DPOZ). However, the DPOZ allows for additional
reductions in parking requirements for bicycle parking and the use
of retail space. At final site plan submittal, the applicant will provide
additional details related to the intended number of bicycle parking
spaces and the intended use of the retail space as it relates to the
DPOZ.
Non-Vehicular and Alternate Modes of Travel
(10) : The development
incorporates pedestrian entrances along both street frontages. A
walkway proposed along the north side of the building is intended
st
to connect 1 Avenue to Broadway Avenue.
Properties located in planning area for which a detailed Master
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Plan has been adopted by the Council
. A summary of the
applicable plans including the site are provided below:
Downtown Master Plan
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 development shows consistency to the
plan through the incorporation of residential and retail uses, the
proposal for curb bump-outs and street landscaping, and the intent
to foster a walkable district through the use of pedestrian-scaled
design at ground level.
Urban Village Overlay Zone Design Guidelines
The site is located within the Urban Village Overlay zone that was
developed in 2009. The development generally complies with the
objectives of the guidelines.
The building generally meets Building and Massing
Recommendations within the plan except for the recommendation
for the façade of any floor above the fourth floor to be set back
from the right-of-way line at least one foot for every one foot of
building height. This recommendation is met along a majority of the
st
1 Avenue frontage, but is not met along the Broadway Avenue
frontage. The CDC-FR zoning district does not require an upper-
floor building setback.
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The project meets several parking recommendations including the
use of angled parking on 1st Avenue, the use of enclosed parking
within the site, the placement of active uses between parking and
street frontages, and the use of off-street loading areas.
Building design recommendations within the plan that are
incorporated into the building’s design include the use of vertical
proportions in the building facade and the use of windows for more
than 50% of the first floor facades along street frontages.
The plan also contains recommendations for access to
development, stating that curb cuts should be eliminated and alleys
serving multiple lots or entire blocks should be re-established. The
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development would eliminate one existing curb cut on 1 Avenue
and would utilize two existing shared driveway access points from
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1 Avenue and Broadway Avenue. However, an access point
would be added on Broadway Avenue to serve one of the two
parking floors within the development. These access points on
Broadway permit only right-in, right-out turning movements.
Destination Medical Center District Design Guidelines – Draft
The following is a limited review of the proposed project in
comparison to the information contained in the DMC District Design
Guidelines. The information provided below is included here to
provide a way to analyze the streetscape space proposed along
the roadway frontages.
The project meets the intent of the Destination Medical Center Plan
for aspects including the incorporation of public art (A.07), the
development of mixed-use neighborhoods (A.08), the articulation of
the first floor through the use of building entrances and the
incorporation of windows for more than 50% of the façade, and the
design of buildings to establish a sense of enclosure C.01.
There are aspects of the project that are not consistent with the
intent of the plan.
The plan recommends additional setbacks for the upper floors
above the fourth floor for buildings that are constructed up to their
lot lines along street frontages. While the intent of this
recommendation is mostly met along 1st Avenue, a setback is not
provided along Broadway Avenue.
The plan also recommends minimum sidewalk widths for the 1st
Avenue and Broadway Avenue frontages. The six foot wide
sidewalk shown along Broadway Avenue is narrower than
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recommended. Related to sidewalks, the plan also recommends
the minimization of driveways in the urban core to allow for few or
minimal disruption to pedestrian movement. The proposed
driveway access from Broadway Avenue along the north side of the
site is relatively wide and may not meet the intent of the plan.
Elements recommended by the plan to enhance the pedestrian
realm such as variations in sidewalk materials, the incorporation of
street furniture, and street lighting are not identified within the
preliminary application.
Downtown Parking Overlay Zone
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. Section 63.423
of the LDM exempt from providing off-street parking in the CDC-
CBD.
The project site is currently occupied by a surface parking lot. The
applicant is providing 156 parking spaces for the use or benefit of
the project. A typical development would provide one parking
space for each apartment unit, one parking space for each
residential unit and parking to support the proposed retail use.
Within the DPOZ there are a number of options to allow a
reduction in the proposed parking for a site with a required offset of
bicycle parking (1 car reduction to 6 bicycle parking spaces) or
other alternative mode of travel option provided. The development
proposal includes a bicycle valet room within the building for
bicycle parking.
In addition to providing reduced parking requirements, the DPOZ
includes design standards for parking facilities within the DPOZ.
The proposed development generally complies with the design
intent of the DPOZ by including active retail and residential uses to
separate the parking facility from street frontages and providing
associated bicycle parking. The DPOZ recommends that access to
parking structures should involve minimal interference with
pedestrian movements and should not be located along an
active/pedestrian street frontage. The development includes a new
access point on Broadway Avenue to parking within the site.
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Because Broadway Avenue is identified within the DPOZ as an
active/pedestrian street frontage, this new access would not meet
the requirements of the DPOZ; and,
WHEREAS, the Planning Department Staff recommended the following conditions of
approval if the Incentive Development application were approved:
1. Prior to building permit approval, the applicant shall re-plat the properties
into one new lot prior to Final Plan approval.
2. On the Final Plan site plan submittal, the following shall be provided:
A. A detailed lighting plan that includes lighting details and
photometric plan showing compliance with lighting standard C.
B. Information showing the intent for signage on the site, including
signage size, lighting, and locations.
C. The number of bicycle parking spaces proposed for the bicycle
valet area within the building.
D. The intended number of tenant spaces within the retail area.
E. The intended location of boulevard trees meeting requirements of
the Zoning Ordinance or a narrative explaining the proposed
location of boulevard trees if the Zoning Ordinance standards
cannot be met.
3. The applicant acknowledges that the on and off site public facilities
design and operations will require further technical evaluation and the
final design shall conform to the requirements for facilities as determined
by the City of Rochester Departments of Public Works, Parks/Recreation,
and/or Planning Department.
4. Document how the parking area will be managed or controlled to support
the varied users of the parking area, Retail, Hotel, and Residential
Tenants, document how the parking spaces will be split between the
uses.
5. The parking area will not contain any contract parking for users not
associated with the uses in the building.
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.
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7. The final site plan shall include a tapping sleeve and valve connection
from the water service to the water main.
8. The final site plan shall include the relocation of the existing hydrant and
gate valve on Broadway away from the sidewalk. Both will need to be
replaced with new assemblies as the existing ones do not meet current
standards and cannot be reused. This work will require a water main
shutdown by us and will need to be coordinated with the affected
customers by the contractor.
9. 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 proposed 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 recording a Final Plat for the property (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, stormwater management, transportation improvements
including obligations related to perimeter roadways, providing a turn-
around for the existing north/south alley that dead-ends at this Property,
pedestrian facilities and connections, street lighting, and financial
obligations related to development charges and improvements to public
infrastructure. Please contact me at (507) 328-2427 to obtain an
application to complete which will facilitate the process for preparation of
a Development Agreement.
10. Prior to the recording of a final plat, dedication of a 25 ft wide public alley
easement is required from Broadway Ave S. to the west line of the current
north/south alley ROW. The concept for this alley requires additional
review discussion with the City Engineer.
11. A Traffic Impact Study (TIS) or TIS waiver is required for this project.
12. Prior to approval of building permits, execution of a revocable permit is
required for any private facilities which will extend into the public right-of-
way, above, at or below grade.
13. Prior to the recording of a final plat, execution of a City Owner Contract is
required for any new public improvement for this proposed
redevelopment, as well as, for any reconstruction of exiting public
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infrastructure.
14. Prior to final site plan approval, the southerly landscape area identified
along Broadway Ave S. and the proposed storm sewer shall be
separated. These uses are incompatible. Prior to final site plan approval,
the site plan will identify a solution to separate proposed landscape areas
and proposed storm sewer locations.
15. Charges/fees applicable to the development of this property include the
following and unless otherwise stated shall be paid prior to issuance of
utility connection permit(s), or at the City’s discretion, within 30 days after
invoicing (rates are valid through 7/31/17 and subject to an ENR
adjustment thereafter):
A. Sewer Availability Charge (SAC)
B. Water Availability Charge (WAC)
C. Storm Water Management Area Charge
D. Plant Investment Fee (PIF)
E. Transportation improvement obligations; and,
WHEREAS, on December 14, 2016, 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 Planning Department’s recommended
15 conditions of approval and the following two additional conditions of approval:
16. Look at the driveway width on the north to be a maximum of 20 feet.
17. Sidewalk width on Broadway to be eight feet; and,
WHEREAS, on January 4, 2017, the Common Council held a public hearing on the
Incentive Development Preliminary Plan (#R2015-034CUP), and gave all interested persons the
opportunity to make presentations and give testimony concerning the application; and,
th
WHEREAS, at the January 4 public hearing, the Applicant’s representative agreed with all
of the Planning and Zoning Commission’s recommended conditions of approval; and,
WHEREAS, based upon a substantial amount of all of the evidence and testimony
th
submitted during the January 4 public hearing, the Council accepts the Planning and Zoning
Commission’s recommended findings of fact and conditions of approval, and adopts them as its
own.
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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 (#R2016-038CUP) requested by Opus Group is granted subject to
the above 17 conditions of approval as recommended by the Planning and Zoning Commission.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2017.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2017.
__________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone15\\Incendev.16-038.prelim
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