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HomeMy WebLinkAboutResolution No. 126-17 - OpusGroup.IncentiveDevelopFinalPlan.R2016-038CUP RESOLUTION WHEREAS, Opus Group applied for an Incentive Development Final Plan (#R2016- 038CUP) to permit the construction of a six-story, 238,717 square foot, 156-unit mixed use building. 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 property is described on the attachment; and, WHEREAS, R.C.O. § 62.630 provides the criteria for incentive developments against which this application must be analyzed; and, WHEREAS, on February 22, 2017, 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: With the proposed conditions of approval, the design of public utilities and facilities will meet applicable requirements. b) Geologic Hazard: There are no known geologic hazards on this site. c) Access Effect: The design of vehicular ingress and egress to the site has st resulted in the reduction of one access point on 1 Avenue. Two of the three access points are shared driveways with uses to the north. The site plan resubmittal on February 15, 2017, resulted in the reduction of the driveway width along the north side of the building to 18 feet, which complies with a condition of approval from the preliminary plan. d) Pedestrian Circulation: Proposed sidewalk widths are consistent with applicable plans and ordinances. Additionally, the applicant proposes a st walkway connection along the north side of the building to connect the 1 Avenue and Broadway Avenue frontages. e) Foundation and Site Plantings: The submitted landscape plan includes landscaping along walkways and sidewalks on the north, east, and west sides. Boulevard tree requirements for the number of required trees have been met. Additional bufferyards are not required. f) Site Status: The site and building will have one owner. Common space owned and maintained by building owner. 1 g) Screening and Bufferyards: Screening and bufferyards not required. 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. h) Final Building Design: 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 proposed building complies with all required setbacks within the proposed CDC-FR zoning district. The proposed st building identifies active 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. i) Internal Circulation Areas: The design of off-street parking and loading areas complies with ordinance requirements for design. j) Ordinance Requirements: The project meets most ordinance requirements of the underlying CDC-FR zoning district. Landscape percentage and parking requirements do not meet requirements as described above. Landscaping provided on upper floors and in the right- of-way is not included in the landscape percentage calculation, but provides additional amenity within the site and along surrounding street frontages. Total off-street parking complies with requirements, but no retail parking is provided. The applicant justifies the lack of retail parking spaces through the availability of alternate modes of transportation (skyway/subway, nearby bus transit, bicycle parking available on-site) and the availability of public parking spaces surrounding the site in public structures and on surrounding streets. The applicant’s parking justification is included in the narrative attachment. The Council could permit adjustments to landscape percentage and parking requirements with approval of a modification. k) Non-Vehicular and Alternate Modes of Travel: The development incorporates pedestrian entrances along both street frontages. A walkway st proposed along the north side of the building is intended to connect 1 Avenue to Broadway Avenue. l) Master Plan Consistency: A summary of applicable plans including the site are provided below: 2 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 st along a majority of the 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. 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 development would st eliminate one existing curb cut on 1 Avenue and would utilize two st existing shared driveway access points from 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 3 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. With the resubmittal of a site plan on February 15, 2017, the proposed sidewalk widths on both Broadway st Avenue and 1 Avenue are consistent with the recommendations of the plan. Related to sidewalks and pedestrian-oriented design, 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 th was shown as a relatively wide cut. The February 15 resubmittal shows an 18 foot driveway width for that driveway, which meets the intent of the plan and guidelines. Elements recommended by the plan to enhance the pedestrian realm such as the incorporation of street furniture and street lighting are identified within the final plan submittal. 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. The project site is currently occupied by a surface parking lot. The 4 applicant is providing 156 parking spaces for the use or benefit of the project, which meets the parking requirement for the residential and retail uses through the parking reductions available. 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. 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 Rochester Planning and Zoning Commission recommended approval subject to the following conditions: 1. Prior to Council approval, the applicant shall submit revised plans incorporating the street frontage revisions submitted on February 15, 2017 with a revised site plan; 2. Public art locations identified on site shall not encroach to within ten feet of the building; 3. Prior to building permit approval, the applicant shall re-plat the properties into one new lot prior to Final Plan approval; 4. Signage within this development shall follow the Type C sign standards and shall meet the following requirements: A. Each use and/or tenant is allowed one sign per exterior building elevation. For example, corner retail may have a sign on the west and north elevation; B. All signage to be mounted to “Sign Frieze” and use a landscape orientation; 5 C. Residential wayfinding signage, for example garage and bike entries, will utilize the sign frieze for mounted lettering; D. All signage proposed to be individual lettering and logos mounted to sign frieze and above frieze base; E. Additional pedestrian scale retail blade signs allowed: 1 per tenant. Mounting locations identified on elevations. Maximum area 8 square feet per sign, minimum height 9 feet above sidewalk, projection of 5 feet or less; and F. Residential use to have option for roof sign mounted near top of the building. One sign per street frontage for a total of two signs, one on each street face. Building signs will be mounted to parapet walls and not extend above roof line. Total roof signage shall be limited to 150 square feet; and, 5. On and off site public facilities design and operations may 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; 6. The alley pavement shall not be asphalt and shall be designed to a shared street concept; 7. Prior to building permit approval, the fire hydrant location shown needs to be modified away from the sewers to meet MDH standards; 8. 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; 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 6 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 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; 11. 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 infrastructure; and, 12. 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):  Sewer Availability Charge (SAC)  Water Availability Charge (WAC)  Storm Water Management Area Charge  Plant Investment Fee (PIF)  Transportation Improvement Obligations; and, WHEREAS, the Common Council held a public hearing on the incentive development preliminary plan request on March 20, 2017, and gave all interested persons an opportunity to give testimony and make presentations; and, th WHEREAS, at the March 20 public hearing, the Applicant’s representative appeared at the public hearing and testified that the Applicant agreed with all of the above recommended conditions of approval. 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 recommended conditions of approval, and that Incentive Development Final Plan #R2016-038CUP requested by Opus Group to permit the construction of a six-story, 238,717 square foot, 156-unit mixed use building to be located at the intersection of Fifth Street S.W., and First Avenue S.W., between First Avenue S.W., and Broadway Avenue South is granted subject to the 12 conditions of approval described above. 7 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.final 8 All that tract or parcel of land situate and lying in the County of Olmsted, State of Minnesota, described as follows, to-wit: 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 6, 7, and 8, all in Block 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 minutes 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 minutes 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 minutes 19 seconds azimuth along the north line of said Block, 288.32 feet to the place of beginning. Registered Property Certificate of Title No. 36124.0 Containing in all, 1.33 acres, more or less.