HomeMy WebLinkAboutResolution No. 426-17 - MiracleMile,LLC.AmendR2016-001PUD.AllowScreenedCardboardStorageArea
RESOLUTION
WHEREAS, Miracle Mile, LLC, requested a Type III, Phase II Amendment to the Rochester
Shopping Center PUD #R2016-001PUD to allow for a screened cardboard storage area on the
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south side of the building. The property is located east of 17 Avenue S.W., north of First Street
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S.W., west of 16 Avenue S.W., in the Miracle Mile Shopping Center; and,
WHEREAS, the Miracle Mile Shopping Center was first approved in 1972. Amendments
to the plan were approved in 1979, 1993 and 2004. In 1979 amendment included a 42,575
square foot mall addition to the north end of the mall which was never built. The 1993
amendment approved the development of the T.G.I. Fridays which is now the Wild Bill’s sports
saloon. In 1998, an application was submitted to amend the PUD to allow an Office Depot to
be developed at the north end of the mall. The request was withdrawn prior to the Planning
Commission meeting. The 2004 amendment approved the development of a 4,800 square foot
Krispy Kreme doughnut restaurant which is now a Denny’s Restaurant. The 2016 plan
amendment approval included 30,460 square foot grocery store, 6,800 sq. ft. of other
commercial space and a 56 story 107 unit multi-family residential housing project; and,
WHEREAS, in 1972 under ordinance 1659 Community Shopping Center Plans became
Planned Unit Developments (PUD) provisions of the Zoning Ordinance. When the current
Zoning Ordinance and Land Development Manual (LDM) was adopted in 1992, it eliminated
the PUD’s. The LDM provides for amendments to the existing PUD plans. Section 60.326 states
that the term Planned Unit Development shall also include Community Shopping Center Plans.
According to section 60.326, an amendment to a PUD shall be processed through the Type III,
Phase II hearing process, and according to the regulation applicable to the criteria for restricted
developments; and,
WHEREAS, amendments to an existing PUD are processed according to the regulations
applicable to a conditional use permit and restricted development; and,
WHEREAS, R.C.O. §61.146 (Standards for Conditional Use Permits) provides in part the
relevant criteria for the review of this application and states as follows:
61.146 Standards for Conditional Uses: Subdivision 1. The
zoning administrator, Commission or Council shall approve a development
permit authorizing a conditional use unless it determines one or more of the
following findings can be made with respect to the proposed development:
Subd. 2. Provisions for vehicular loading, unloading, parking and for
vehicular and pedestrian circulation on the site and onto adjacent public streets
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and ways will create hazards to safety, or will impose a significant burden upon
public facilities.
Subd. 3. The site plan fails to provide pedestrian access to any
customer/tenant ingress/egress of the building, including from a public right-of-
way and off-street parking area that serves the use in a manner which minimizes
non-vehicular/vehicular conflicts.
Subd. 4. The intensity, location, operation, or height of proposed
buildings and structures will be detrimental to other private development in the
neighborhood or will impose undue burdens on the sewers, sanitary and storm
drains, water or similar public facilities.
Subd. 5. The provision for on site bufferyards and landscaping does not
provide adequate protection to neighboring properties from detrimental features
of the development.
Subd. 6. The site plan fails to provide for the soil erosion and drainage
problems that may be created by the development.
Subd. 7. The provisions for exterior lighting create undue hazards to
motorists traveling on adjacent public streets or are inadequate for the safety of
occupants or users of the site or such provisions damage the value and diminish
the usability of adjacent properties.
Subd. 8. The proposed development will create undue fire safety hazards
by not providing adequate access to the site, or to the buildings on the site, for
emergency vehicles.
Subd. 9. In cases where a Phase I plan has been approved, there is a
substantial change in the Phase II site plan from the approved Phase I site plan,
such that the revised plans will not meet the standards provided by this section.
Subd. 10. The proposed conditional use does not comply with all the
standards applying to permitted uses within the underlying zoning district, or with
standards specifically applicable to the type of conditional use under
consideration, or with specific ordinance standards dealing with matters such as
signs which are part of the proposed development, and a variance to allow such
deviation has not been secured by the applicant; and,
WHEREAS, the Planning Department applied the criteria found at R.C.O. §61.146 to this
application and prepared the following finding of fact:
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No findings for denial can be made for the criteria within section 61.146. As stated
in the section the Commission and Council shall approve a development permit
unless it determines that one or more of the findings can be made for this proposal.
It should be noted that the applicant will be required to submit a grading and erosion
control plan for the site that will be reviewed and acted on by the Public Works
Department and the Planning Department; and,
WHEREAS, R.C.O. § 62.708 (Criteria for Type III Developments – Restricted
Development) provides in part the relevant criteria for the review of this application; and,
WHEREAS, the Planning Department applied the criteria found at R.C.O. §62.708 to this
application and prepared the following findings of fact:
1) Preliminary Development Plan Criteria:
a) Capacity of Public Facilities: Public sewer and water and other
utilities are available to serve the site. A sewer capacity study was
completed by the applicant with the conclusion that the
downstream sewer system is adequate for the proposed phase of
development. The project will include the construction of storm
sewer that will improve the existing surface storm water flow in the
area.
b) Geologic Hazards: There are no known geologic hazards on the
property. There are no steep slopes. The site has no known
sinkholes and there are no hydric or floodplain soils.
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c) Natural Features: The site slopes from 16 Avenue SW down to
the existing buildings, with elevations on the site varying from
approximately 1008-1016. The proposed building finish floor will be
compatible with the existing buildings to the north. The existing
Miracle Mile Shopping Center does not possess substantial natural
features. The applicant has provided a landscape plan identifying
the proposed landscaped areas of the project.
d) Residential Traffic Impact: The project has multiple points of
ingress/egress locations to the existing roadway network. The
project will have minimum daily truck traffic for the grocery store.
There will be occasional moving van traffic associated with the
residential tenants. It is anticipated that truck traffic will use the
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access point along 16 Avenue SW, 1 Street SW or 17 Avenue
SW. The project is not anticipated to create additional traffic
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during evening and nighttime hours on local residential streets.
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The ROCOG 2040 plan identifies 16 Avenue SW as a Secondary
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Urban Arterial and 17 Avenue SW is identified as a Primary
Urban Collector.
e) Traffic Generation Impact: A Traffic Impact Report (TIR) has
been submitted on the project to evaluate the traffic impacts
anticipated to be generated by the proposed development. Based
on the TIR it appears that all of the intersections evaluated in the
report will operate at acceptable levels of service (LOS). The
information in the TIR indicate that the expected traffic volumes on
adjacent streets will not exceed the design capacity.
f) Height Impacts: The proposed building height is 65 feet. The
PUD documentation did not identify a specific height allowed. The
maximum height identified in the B-4 General Commercial District
is 40 feet. The project is bounded by public streets on three sides
and the existing commercial shopping center to the north. It does
not appear that the proposed building will block sunlight from
reaching adjacent properties for any significant time period during
the year. The ground floor elevation of the proposed building is at
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a lower elevation than that of the residential property east of 16
Avenue SW. The properties to the north and south of the project
site are existing commercial development. The property west of
the project site is TH 52.
g) Setbacks: The setbacks to the structure exceed the minimum
setback requirements of the B-4 General Commercial District which
has been the evaluation measure used for the Miracle Mile PUD.
The residential component of the project allows for additional
evaluation of the setback requirements. LDM 62.286 Yard
Setbacks for Multifamily Residential Uses over Three Stories
provides a specific calculation for setbacks. The 65 foot tall tower
calculates to a rear yard setback of 37.53 feet, this is the setback
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for 16 Avenue SW. The applicant is proposing a 25.70 foot
setback in that location to the residential tower.
h) Internal Site Design: The site layout appears to provide
adequate building separation and orientation to the existing
residential and commercial uses located in the area. The mixed-
use building functions as a single structure with four floors of
residential above a grocery/commercial main floor. The building
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has multiple entrance/exit points. The residential courtyard located
above the commercial uses is a U-Shaped opening that faces west.
i) Screening and Buffering: Landscape space is proposed
around the entire property and the narrative states that they are
providing 10% of the site as green space. The applicant has
provided underground parking for the residential units, the majority
of the surface parking is located west of the proposed structure.
The proposed development proposes to screen the parking from
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the residential neighborhood east of 16 Avenue SW. The
applicant has provided a landscaping plan which identifies plant
material throughout the project site, along parking lots and public
right-of-way. The applicant proposed to provide trash and
recycling storage facilities located within the building. The area
dedicated to loading and unloading of service delivery vehicles is
proposed to be inside the building and screened from public view.
The applicant is proposing the storage of Cardboard Bales along
the south side of the building behind a 6-foot-tall screen wall with
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gate screen to block views from 1 Street SW and the Miracle
Market parking lot. The applicant has identified materials to be
used in the project as high quality and durable. Materials include
masonry veneer (Brick CMU), Concrete fiber board (paneled lap
siding) metal panel and vinyl windows.
j) Ordinance Requirements: The project has identified underground
parking for the residential tenants, 107 units and 111 parking
spaces. The balance of the parking needs will be provided by the
surface parking areas contained within the amendment boundaries
and associated existing parking provided within the Miracle Mile
Shopping Center. It is anticipated that cross parking agreements
are in place for the existing parking configuration at the Shopping
Center, the applicant will need to provide documentation that this
site is included in those agreements. The amendment area is
dependent on the existing Miracle Mile Parking to meet the parking
requirements.
k) General Compatibility: The property has been a shopping
center for approximately 50 years. The Shopping Center has gone
through multiple changes and modifications over that time. The
project proposes a mixed use redevelopment with a commercial
and residential component. The project is located adjacent to
arterial and collector streets with commercial properties on three
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sides and single family residential homes located east of the
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property across 16 Avenue SW. The primary orientation of the
retail component of the project is to the west and north side of the
development. The east side of the building provides a sidewalk,
benches, bike rack, access to the residential units and a proposed
patio associated with one of the commercial units. The exterior
elevations of the building identify multiple faces and materials to
break up the building façade into smaller components. The
residential tower is stepped back from the first floor exterior wall to
provide additional setback from the16th Avenue SW.
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The residential homes along the east side of 16 Avenue SW
range from 1 – 3 stories in height with pitched roof lines. The first
floor of the proposed development is at a lower elevation than the
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existing residential homes along the east side of 16 Avenue SW.
The proposed project is identified as 5 floors.
The applicant has proposed a percentage of the residential units
will be dedicated to target income levels through a self-
administered affordable housing program.
l) Non-Vehicular and Alternate Modes of Travel: There is an
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existing bus stop located at the corner of 16 Avenue SW and 1
Street SW. Rochester Public Transit identifies the site as being
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served directly by three bus routes and is within 1400 feet of 2
Street SW which is a heavily served public transportation route.
The site plan for the development shows a network of sidewalks
and identified walkways within the property that connect to public
sidewalks located along the public roadways that bound the
property. The site plan identifies two locations for bike racks with
14 bike parking spaces. The residential units have a designate
bike storage location within the underground parking facility.
2) Final Development Plan Criteria:
a) Public Facility Design: Public sewer and water and other utilities
are available to serve the site. A sewer capacity study was
completed by the applicant with the conclusion that the
downstream sewer system is adequate for the proposed phase of
development. The plan satisfies requirements for public utilities
and infrastructure. The development is required provide a complete
pedestrian facilities system onsite and adjacent to the site within
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the public ROW. RPU has comments in their referral and the
applicant must comply prior to issuance of building permits.
b) Geologic Hazard: There are no known geologic hazards on the
property. There are no steep slopes. The site has no known
sinkholes and there are no hydric or floodplain soils.
c) Access Effect: Access locations have been relocated to align the
existing internal vehicular network with the public and private
roadway connections along the perimeter of the project. The
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driveway access to 16 Avenue SW is aligned with West Center
Street with an off set of 15 degrees. The project has completed a
Traffic Impact Report which has been reviewed by the City of
Rochester Traffic Engineer. The City Engineer has accepted the
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driveway entrance from 1 Street SW in excess of 32 feet in width
to accommodate semi-truck delivery traffic.
d) Pedestrian Circulation: The site plan proposes to construct the
public sidewalks along 16th Avenue SW and 1st Street SW, with
the existing sidewalk along 17th Avenue SW the project is
bounded with public sidewalk. The site plan identifies pedestrian
connections to the public sidewalk in multiple locations on each
public ROW frontage. The site plan for the development shows a
network of sidewalks and identified walkways within the property
that connect to the public sidewalks. The Pedestrian and Site
design standards within the LDM classify the proposed
development as a Medium Scale Development which provides
design guidelines for pedestrian facilities. The Site Plan provides
elements to meet the criterial of 63.273 Pedestrian and Site Design
standards for a medium scale development with one exception, the
sidewalk adjacent to the north side of the building is 8 feet in width
which is less than the 10 feet identified in the criteria.
e) Foundation and Site Plantings: A landscape plan has been
provided with the submittal which meets the requirements of the
LDM 63.151, requirements of a landscape plan. The applicant
provides the appropriate parking lot landscaping and screening as
required by the Land Development Manual. The applicant has
provided the appropriate boulevard trees for the project in
accordance with the LDM 63.265. The applicant has provide a
landscaping plan which identifies landscaping throughout the
project site and along the public right-of-way.
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f) Site Status: The site is phase I of a multi-phased project under
the same ownership and development group. The project is
currently the site of the existing Miracle Mile Shopping Center.
Prior to development of the project, a section of the exiting building
will be demolished. The applicant has indicated that at a future
date a subdivision of property may be completed for the area, this
will require additional submittals and review by the Commission
and/or City Council.
g) Screening and Bufferyards: The landscaping plan identifies
boulevard trees along the public ROW. Landscape space is
proposed around the entire property and the narrative states that
they are providing 10% of the site as green space. The applicant
has provided underground parking for the residential units, the
majority of the surface parking is located west of the proposed
structure. The development proposes to screen the parking from
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the residential neighborhood east of 16 Avenue SW. The
applicant has provide a landscaping plan which identifies
landscaping throughout the project site and along the public right-
of-way. The applicant proposed to provide trash and recycling
storage facilities located within the building. The area dedicated to
loading and unloading of service delivery vehicles is proposed to
be inside the building and screened from public view. The
applicant is proposing the storage of Cardboard Bales along the
south side of the building behind a 6-foot-tall screen wall with gate
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screen to block views from 1 Street SW and the Miracle Market
parking lot.
h) Final Building Design: As submitted.
i) Internal Circulation Areas: The network of sidewalks and
walkways provide pedestrian connections to the public sidewalks.
City of Rochester Public Works Director must approve the two-way
access circulation along the west side of the proposed building to
address vehicular conflicts with the driveway ingress/egress on 1st
Street SW. The applicant proposes to reconfigure the existing
one-way parking lot between 17th Avenue SW and the existing
Miracle Mile Shopping Center to be signed for two-way circulation.
j) Ordinance Requirements: The planning staff has identified a
number of areas where the project does not comply with the
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submittal requirements of the LDM for a complete review of the
project. The Planned Unit Development amendment is a unique
development style within our community and continue to be
governed by a unique set of development plan documents
approved by a Resolution of the Common Council.
k) Non-Vehicular and Alternate Modes of Travel: There is an
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existing bus stop located at the corner of 16 Avenue SW and 1
Street SW. Rochester Public Transit identifies the site as being
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served directly by three bus routes and is within 1400 feet of 2
street which is a heavily served public transportation route. The
site plan for the development shows a network of sidewalks and
identified walkways within the property that connect to sidewalks
located along the public roadways that bound the property. The
applicant site plan identifies two locations for bike racks, with 14
bike parking spaces provided. The residential units have a
designate bike storage location within the underground parking
facility; and,
WHEREAS, on September 28, 2016, and October 12, 2016, the Rochester Planning and
Zoning Commission held public hearings on this restricted development conditional use permit,
reviewed the application according to the requirements of sections 61.146 and 62.708, adopted
the Planning Department’s recommended findings of fact and recommended approval of the
application subject to the following conditions:
1. Applicant shall provide details on fence and gate construction,
including materials and a range of color proposed.
2. The cardboard bales must be stored in the designated area and
must not be stored in manner which allows them to be taller than
the height of the proposed fence or visible from the public
roadways or the Miracle Market Parking Lot.
3. The changes or modifications shown on the proposed south
elevation will be considered the approved condition for the project.
4. All proposed fencing shall meet the required clearance outlined in
2015 RPU Electric Rules and Regulations, Exhibit 7.
5. The owner dedicated 7 ft of public ROW along 16th Ave SW to
facilitate space for public sidewalk at the time 16th Ave SW is
widened. The labeling on the prior PUD plan appeared to identify
the new sidewalk location as being near the edge of the new 7 ft of
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ROW. The current PUD plan shows that the sidewalk location on
the plan is in fact within the prior ROW and not within the newly
dedicated 7 ft. When constructed, the sidewalk should be
constructed within the 7 ft of newly dedicated ROW and may
require a minor revision to the Grading Plan.
6. There is a future obligation of the Property for a proportional share
of the cost for 16th Ave SW widening improvements, typically, 25%
of the total project costs for roadway and all costs for any
pedestrian facility reconstruction. These terms were not addressed
in the Development Assistance Agreement, and should be
memorialized through execution of an Assessment Agreement.
7. Development charges for SAC and WAC are applicable to this
Project.
8. All conditions of approval outlined in the November 2016
Resolution 530-16 Amendment to the Rochester Shopping Center
PUD#2016-001PUD are still in effect for the project; and,
WHEREAS, the Common Council held a public hearing on September 18, 2017, on the
proposed amendment to the Planned Unit Development, and permitted all interested persons to be
heard; and,
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WHEREAS, at the September 18 public hearing, the Council considered the evidence and
testimony submitted, as well as the material contained in the meeting agenda; and,
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WHEREAS, based upon a preponderance of the evidence submitted at the September 18
public hearing, the Common Council adopts as its own the Planning and Zoning Commission’s
recommended findings of fact and conditions of approval; and,
WHEREAS, based upon a preponderance and substantial weight of the evidence
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submitted at the September 18 public hearing, the Common Council determines that the
Applicant has satisfied the criteria of R.C.O. §§61.146, 62.708 if the above eight conditions are
completed.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that the Type III, Phase II Amendment to the Rochester Shopping Center PUD #R2016-001PUD,
requested by Miracle Mile, LLC, is in all things approved subject to the above eight conditions.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2017.
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_____________________________________
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\\PUD.AmendMiracleMile02
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