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HomeMy WebLinkAboutResolution No. 161-17 - Dickson.PrelimPlanCUPR2016-042CUP.ResidenceAtDiscoverySquare RESOLUTION WHEREAS, Mark Dickson applied for a Restricted Development Preliminary Plan #R2016- 042CUP. The Applicant proposes to develop a six-story mixed use building with 150 residential units, 20,000 square feet of commercial space, and underground parking to be known as Residence at Discovery Square. The property is located on a block bordered by Fifth Street S.W., to the north, Third Avenue S.W., to the east, Sixth Street S.W., to the south, and Fourth Avenue S.W., to the west; and, WHEREAS, the property is described on the attachment; and, WHEREAS, since the property is zoned R-1 (Mixed Single Family), 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, R.C.O. §62.700 recognizes that certain land uses which are generally not allowed within a given zoning district can, if regulated, “serve both the public interest and allow a more equitable balancing of private interests than that achieved by strict adherence to standard zoning regulations;” and, WHEREAS, R.C.O. §62.700 further states that the ordinances providing for restricted developments encourage innovation and experimentation in the development of land that would otherwise not be possible under the established zoning district regulations; 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 preliminary plan if it finds the development satisfies the criteria listed in R.C.O. §62.708, subd. 2 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 1 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. 2 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. 2 (Preliminary Type III Development Plan) to this application and prepared the following findings of fact: A. Capacity of Public Facilities: City sewer and water and other utilities are available to serve the site. An adequately sized water service must be shown on the Final Plan. Stormwater management will be evaluated during the development of the Grading and Stormwater Management Plan. B. Geologic Hazards: There are no known geologic hazards on the property. The site has no known sinkholes and there are no hydric or floodplain soils. C. Natural Features: The site elevations varies from approximately thth 1029 near the intersection of 4 Avenue and 5 Street SW to rdth approximately 1014 near the intersection of 3 Avenue and 6 Street SW. This is approximately 15 feet of elevation change, 4.5% thth slope, over the length of the building from 5 Street SW to 6 Street SW. The elevations represent the change in elevation but the grading plan for the site will need to provide specific detail on how the buildings will respond to this elevation change across the site. D. Residential Traffic Impact: The project is proposing to take thth access from 4 Avenue SW. The projects connection to 4 Avenue SW, which is designated a strategic urban arterial in the ROCOG 2040 plan, provides for vehicular traffic needs generated by this development and the surrounding neighborhood. The majority of the project is a residential housing development with very limited truck traffic anticipated. The live work units and commercial truck traffic is anticipated to be limited due to the use thrd proposed on this site. 4 Avenue SW and 3 Avenue SW are identified as arterial roadways in the ROCOG 2040 plan, a higher 2 orders street. The majority of the site will be residential, similar to the existing use of the site with a higher density. The uses indicated by the applicant are not anticipated to have an increase in evening or nighttime traffic associated with this development. E. Traffic Generation Impact: There is not an anticipated thrd impact to the capacity of adjacent streets. 4 Avenue SW and 3 Avenue SW are designated as arterial roadways in the ROCOG 2040 plan and are designed and planned to handle additional capacity beyond what is being proposed by this development. The applicant is proposing to remove 8 curb cuts and consolidate these th entry points to one access into the site along 4 Avenue SW. The applicant was granted a waiver of the need to complete a traffic impact study by the City of Rochester Public Works Department. F. Height Impacts: The proposed height of the project is measured at 77’ to the top of the building and 85’ to the top of associated mechanical portions of the building. The existing zoning of the site indicates the height of structures is not limited by the Ordinance. The project is not anticipated to have an impact due to the height of the structure. The project is bounded by public streets on all sides. The expected shadow pattern is anticipated to fall into the public ROW and will not have a substantial effect on a portion of the property. There th are three existing homes along 4 Avenue SW which will directly adjacent to the proposed development. The applicant has provided a shadow study to highlight how the surrounding areas will be affected by shadows from the proposed project (see sheet A0.2). The shadow study shows that the three existing homes will receive evening sun from early afternoon to evening for the majority of the year. There are times during the year that shade will be present on each of the existing homes. The proposed height of the building is consistent with the allowable heights in the LDM. The project is located in a developed urban environment with existing 2 – 3 story residential homes and 2 story apartment building surrounding the 3 existing residential homes to remain adjacent to the project. It appears that the applicant has th varied the height of the building along 4 Avenue SW, from 2 – 6 3 stories in height to allow the building massing along the frontage of th 4 Avenue SW to be more consistent with the height of the remaining existing single family homes. G. Setbacks: The CDC-MED zoning allows for 0 foot setbacks on all sides of the proposed project. The applicant is proposing to have 0 foot setback along frontages of all public Right-of-Ways and provide a 5 foot setback from all other lot lines. The applicant is also proposing bufferyard landscape planting and a 6’ tall garden screen wall between the project and the existing residential homes adjacent to the project. H. Internal Site Design: The project proposes a midblock rdth entrance plaza along 3 Avenue SW and 4 Avenue SW with a connecting gallery space inside the building at ground level. The th project proposes an entrance plaza along 5 Street SW which is the primary entrance to the commercial space. These plazas become the ground level accent points for the project with seating opportunities and bike rack locations. The proposed building provides outdoor seating areas, accessible to the residential tenants at multiple locations within the project. I. Screening and Buffering: The applicant is proposing an adequate number of boulevard trees as required by the LDM. The applicant has indicated they are proposing a modified C Bufferyard along all lots lines separating the proposed development from the three existing residential homes. The building setback is 5 feet from the property line, the applicant is proposing to plant the 10 foot C Bufferyard Planting and provide a 6 foot tall garden screen wall. The applicant will need to provide measures to reduce th headlight glare as vehicles exit the residential facility on 4 Avenue SW. Providing automated doors that are only open when vehicles are present could provide for a reduction in headlight glare in the surrounding neighborhood. J. Ordinance Requirements: The proposed development appears to meet the requirements of the Downtown Parking Overlay Zone (DPOZ). The Zoning Analysis and Comparable Development Table provides an overview of the zoning requirements as it relates to the project. The Commission and Council will need to find that any modifications to the ordinances are allowable under the provisions of the LDM 62.712 Modifications. 4 K. General Compatibility: The proposed development is providing a mixed use development that is compatible with the surrounding development. The project is located within the Destination Medical Center (DMC) Discovery Square area. ‘Discovery Square is the focal point for the new workplace environment of the DMC business community similar to the Google Campus. This community must attract the best and brightest in order to achieve the project goals of becoming a nationally and internationally recognized address for Health Science Research.’ The mixed use development appears to provide a supporting element to the goals of the DMC by providing a unique live work opportunity and supportive commercial element in close proximity to the Discovery Square campus. The project promotes the pedestrian friendly nature of the area with entrance plaza spaces at key entry points of the building. The location of the project provides the future tenants with convenient access to public parks & trails, schools, daycare facilities and retail options within a short walking distance. L. Non-Vehicular and Alternate Modes of Travel: The project proposes to incorporate pedestrian oriented spaces and individual pedestrian access to the live work units proposed in the building. The project is situated to allow tenants to walk to the nearby bus transit stops or use the existing trail and sidewalk system to connect to their destination by non-vehicular modes of travel. The applicant notes bike racks in the narrative and plan. The final plan will need to provide additional information on the design and location of bike racks proposed for the interior of the project. The applicant has requested the parking deduction for a shared car, under the DPOZ rules. The requirements of the DPOZ have indicated that the project will require two shared cars for a project of this size to be allowed to use the deductions allowed by the ordinance. The applicant will need to provide the appropriate documentation with the final plan to confirm the two shared cars will be provided for the project; and, WHEREAS, the Planning Department’s February 22, 2017, staff report states that, based upon its proposed findings of fact, Planning Department staff would recommend Preliminary Plan approval of the Restricted Development Plan – Conditional Use Permit subject to the following 5 conditions: 1. The applicant shall provide a certificate of survey for the project, included in the final plan submittal. 2. The Final Plan submittal shall include the following: A. On Sheet S1.0 Preliminary Building Unit Mix table shall be updated to provide the accurate units per floor and mix of unit types – update the bedroom calculation for the live work units. B. On Sheet S1.0 the zoning information needs to be updated to provide appropriate site capacity calculation and zoning standards including: (1) Exterior Lighting Standards (2) Exterior Storage Standards (3) Sign Regulations (4) Parking Requirements C. On the final site plan provide for the locations for the zoning related requirements: (1) Location of storage areas provided within the building; (2) Label locations and quantity of bike racks to be provided with the project; (3) Label locations and quantity of all public seating to be provided with the project; (4) Label locations and quantity of all other site amenities to be provided with the project. D. Provide dimensions on the elevations for the proposed sign locations, confirm that the proposed locations and associated areas meet the standards as outlined in the staff report. E. The plans for the site to address delivery of materials to the site for Commercial and Live-Work Units. 6 F. A detailed lighting and photometric plan. G. A detailed landscape plan which includes information on project landscaping, bufferyard landscaping, foundation planting and boulevard trees. H. A detailed materials plan for the exterior of the building to include pavers, bike racks, and benches as proposed in the project. 3. On the Final Plan all existing water services to the property must be identified and labeled as abandoned per the requirements of Rochester Public Utilities. 4. On the Final Plan all future water services proposed for the property shall be located and labeled per the requirements of Rochester Public Utilities. 5. The applicant is required to re-plat the property and record the final plat, prior to the issuance of the building permit for the project. 6. The applicant shall submit appropriate documentation to confirm the commitment to providing the shared cars required by the parking requirements for the project. 7. The applicant will need to coordinate the use types proposed by the live work spaces with the City of Rochester Building Safety Department to confirm conformance with the Minnesota Stage Building Code, prior to issuance of the building permit for the project. 8. 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. 9. Document how the parking area will be managed or controlled to support the varied users of the parking area, Retail, and Residential Tenants, document how the parking spaces will be split between the uses. 10. The parking area will not contain any contract parking for users not associated with the uses in the building. 11. The existing address associated with the site will be retired as the 7 buildings are demolished. The proposed building on the site will need to apply for new addressing which can be coordinate with the Planning Department addressing division during the building permit process. 12. Grading and Drainage Plan approval is required prior to the issuance of a building permit for the project. 13. Execution of a revocable permit agreement is required for any private features proposed within the public ROW or other public easements; 14. The existing driveways that will not be utilized as part of this redevelopment project shall be removed and the areas restored with boulevard and curb & gutter as required by the City of Rochester Public Works Department; and, 15. Charges/fees applicable to the development of the property include the following:  Sewer Availability Charges (SAC)  Water Availability Charges (WAC)  Plant Investment Fee (PIF); and, WHEREAS, on February 22, 2017, the Rochester Planning and Zoning Commission held a public hearing on this restricted development preliminary plan and reviewed the application nd according to the requirements of R.C.O. §62.708. At its February 22 meeting, the Commission recommended denial of the application on the basis that the application failed to meet Criteria F (Height Impacts) or Criteria I (Screening and Buffering) of R.C.O. §62.708, subd. 2; and, WHEREAS, this matter came before the Common Council as a public hearing on April 3, rd 2017. At the April 3 public hearing, the Common Council permitted all interested persons to testify and give testimony on the restricted development preliminary plan request. The Council also considered written submissions that were sent to the Council’s attention; and, WHEREAS, based upon a preponderance and substantial weight of the evidence rd submitted at the April 3 public hearing, the Common Council determined that the Planning Department’s recommended findings of fact are most persuasive and should be adopted. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that Restricted Development Preliminary Plan #R2016-042CUP is in all things approved subject to the 15 conditions as described above. 8 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\\RestDevPre.1642 9 LAND DESCRIPTION Parcel 1 - 506 4th Avenue SW The West 60 feet of the North 35 1/7 feet of Lot 6, and the West 60 feet of the South 1 6/7 feet of Lot 7, Block 3, Original Plat, Olmsted County, Minnesota Parcel 2 - 507 3rd Avenue SW The East 80 feet of the South 1 6/7 feet of Lot Seven (7), and the East 80 feet of the North 37 9/14 feet of Lot Six (6), Block Three (3), Original Plat of the City of Rochester, Olmsted County, Minnesota Parcel 3 - 514 4th Avenue SW The West 55 feet of the North 6.43 feet of Lot Three (3) and the West 55 feet of the South 1/2 of Lot Four (4), all in Block Three (3) of the Original Plat of the Town, now City of Rochester, Olmsted County, Minnesota Parcel 4 - 509 3rd Avenue SW Lot 5 and the North 1/2 of Lot 4; and the South 12 feet in width of Lot 6, less the East 80 feet of the North 2 1/2 feet of the South 12 feet of Lot 6; all in Block 3; all in Original Plat of Rochester, Olmsted County, Minnesota. Parcel 5 - 519 3rd Avenue SW Lot 1, except the West 52 7/12 feet thereof; the East 85 feet of Lot 2; Lot 3 and the South 1/2 of Lot 4, less the West 55 feet thereof; all in Block 3; all in Original Plat of Rochester, Olmsted County, Minnesota. (PARCEL ID 64.02.13.017726) THE EAST 83.6 FEET OF LOT 7, BLOCK 3, ORIGINAL PLAT OF THE TOWN NOW CITY, OF ROCHESTER, MINNESOTA, EXCEPT THE SOUTH 1 6/7 FEET OF SAID LOT 7. (PARCEL ID 64.02.13.017717) THE WEST 52 7/12 FEET OF LOT 1, BLOCK 3, ORIGINAL PLAT, IN THE CITY OF ROCHESTER, OLMSTED COUNTY, MINNESOTA.