HomeMy WebLinkAboutResolution No. 188-17 - GZEastCenterStreet.RiverwalkDowntownCityApts.R2016-034CUP.
RESOLUTION
WHEREAS, GZ East Center Street applied for a Restricted Development Final Plan
#R2016-034CUP to allow for the development of a six-story building with 152 residential units.
The property is located along the north side of East Center Street east of the Zumbro River and
south of Mayo Field; and,
WHEREAS, the property is legally described as follows:
The West 98 feet of the East 148 feet of the South 200 feet of Lot Nineteen
(19) of State Subdivision, Section Thirty-six (36), Township One Hundred
Seven (107), Range Fourteen (14), Olmsted County, Minnesota.
ALSO
The East 50 feet of the South 200 feet of Lot 19, State Plat of Section 36,
Township 107, Range 14, all located in the City of Rochester, Olmsted County,
Minnesota.
ALSO
The West 50 feet of the South 200 feet of Lot 18, State Plat of Section 36,
Township 107, Range 14, in the city of Rochester, Olmsted County, Minnesota.
ALSO
The East 50 feet of the West 100 feet of the South 215 feet of Lot 18, State
Sub. of Section 36, Township 107, Range 14, in the City of Rochester, Olmsted
County, Minnesota.
Containing in all, 1.16 acres, more or less; and,
WHEREAS, since the property is zoned R-1 (Mixed Single Family), and since the
proposed density of development is not permitted under this zoning designation, 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
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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: Rochester departments and utilities have
reviewed the proposal and recommended approval with conditions.
Conditions of approval will address any necessary design elements
of private and public utility facilities.
B. Geologic Hazards: No known geologic hazards on the site.
C. Access Effect: The development includes the consolidation of
existing driveways into one driveway. The placement of the
driveway is located on the opposite side of the site as the driveway
to Mayo Field to minimize traffic circulation problems.
A fence and landscaped screening is provided along the east
property line in order to screen adjacent residential properties from
headlights.
D. Pedestrian Circulation: Walkways within the site provide
continuous connections to the Center Street sidewalk, the trail
system through Mayo Field, and to all of the common and
individual unit entrances within the site.
E. Foundation and Site Plantings: A landscape plan is included in
the final plan submittal. The plan shows compliance with bufferyard
and boulevard tree requirements of the Zoning Ordinance.
Additionally, landscape materials are provided throughout the site
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as building foundation plantings, as well as on the on the Mayo
Field site adjacent to the site.
F. Site Status: The building and site will have one owner, who will be
required to maintain common elements within the building and the
site.
G. Screening and Bufferyards: A fence and landscaped
screening is provided along the east property line in order to
screen adjacent residential properties from headlights. Additional
landscaping is identified along the east property line to meet a
Type E bufferyard standard. This bufferyard the standard set by
the Zoning Ordinance to separate the multi-family use from a
single-family use.
H. Final Building Design: The building massing and site layout is
consistent with the approved preliminary plan in terms of building
height and shadow impacts to surrounding properties, setbacks
and internal site design.
I. Internal Circulation Areas: The dimensions of parking
spaces and loading areas comply with Zoning Ordinance
requirements.
J. Ordinance Requirements: Some standards of the R-4 zoning
district are not met by the proposed development. These include
building setbacks, off-street parking, landscaping percentage, and
signage. Planning staff recommends approval of modifications
under 62.712 of the Zoning Ordinance for these aspects of the
development that do not meet zoning requirements.
K. Non-vehicular and Alternate Travel Modes: Primary entrances
to the building are placed along East Center Street and along the
west side of the building facing the Zumbro River. The project is
located next to a public transit route along East Center Street.
Entrances to the building along East Center Street, whether to the
lobby or to individual units, are given individual walkway
connections to the East Center Street sidewalk. Entrances along
the west side of the building are given walkway connections to a
primary walkway that connects to the East Center Street sidewalk.
Pedestrian-oriented spaces are provided along the East Center
Street frontage in the form of front porches for walk-up units and
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indoor and outdoor common space at the southwest corner of the
building. Bike racks are provided in the parking structure and along
the north side of the site; and,
WHEREAS, the Planning Department’s February 22, 2017, staff report states that the
Planning Department staff recommends approval of the Restricted Development Plan –
Conditional Use Permit subject to the following condition:
1. Revised final plans shall be submitted to show the following:
A. Abandonment of all existing water services at the main in the street
and removal of the valve boxes (three are tapping sleeves that
must be cut out and a new piece of main installed) per RPU Water
requirements.
B. The correct proposed water service on the site plan sheet CS101.
C. A required gate valve is near the water main on the proposed water
service.
D. A ten-foot utility easement along all right-of-way.
E. A dedicated space for a pad-mounted transformer; and,
WHEREAS, on February 22, 2017, 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
staff’s recommended findings of fact subject to the one condition of approval described above;
and,
WHEREAS, on April 17, 2017, the Common Council held a public hearing on the restricted
development final plan request and permitted all interested persons to be heard; and,
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WHEREAS, at the April 17 public hearing, the Planning Department staff recommended
the addition of clause F to condition of approval #1 to read as follows:
F. Revised building elevations showing the removal of Magic-pak grills
from the building exterior; and,
WHEREAS, the applicant agreed with the recommended condition of approval as
amended; and,
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WHEREAS, based upon a preponderance of the evidence submitted at the April 17 public
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hearing, the Common Council adopts as its own the Planning Commission’s recommended
findings of fact and one condition of approval as described above; and,
WHEREAS, based upon a preponderance and substantial weight of the evidence
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submitted at the April 17 public hearing, the Common Council determines that the Applicant
satisfied the criteria of R.C.O. §62.708 subject to the one condition of approval recommended by
the Planning and Zoning Commission as amended above.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that the Restricted Development Final Plan #R2016-034CUP requested by GZ East Center Street
is in all things approved subject to the one condition of approval as stated and amended above.
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\\RestDevFinal.1634
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