HomeMy WebLinkAboutResolution No. 522-17 - EKNDevelopementGroup.IncentiveDevelopPrelimPlan.R2017-029CUP.TransientHotel
RESOLUTION
WHEREAS, EKN Development Group applied for a Type III, Phase II Incentive
Development Preliminary Plan (#R2017-029CUP) to permit the construction of a nine-story
transient accommodations use (hotel). The property is bounded by Civic Center Drive N.W., to the
north, First Avenue N.W., to the east, a railroad right-of-way to the south, and Second Avenue
N.W., to the west; and,
WHEREAS, the legal description for the property affected by the application is as follows:
That part of Block 59 of the Original Plat of Rochester, Olmsted County,
Minnesota, according to the recorded plat thereof, together with all right, title and
interest to that part of the alley within said Block, bounded and described as
follows:
Beginning at the Southwest corner of Lot 8 in said Block 59; thence North along
the West line of said Block a distance of 62 feet; thence Southeasterly along a
straight line, a distance of 200 feet to a point on the South line of Lot 5 in said
Block; thence West along the South line of said Lots 5 and 8 and extension
thereof across said alley to the point of beginning. Except all that part thereof
that lies within 8.5 feet of the center line of the first track of the Chicago and
Great West Railroad Company located just South of said Lot 8.
Torrens Cert. No. 20120.
AND
Beginning at a point in the North line of Lot 9, Block 59, Original Plat of
Rochester, which is 1.55 feet east of the northwest corner thereof; thence east
along the north line of Lots 9 and 4 to a point where the north line of said Lot 4
intersects a line 150 feet southwesterly of the center line of the main track of the
Chicago and Northwestern Railroad; thence southeasterly parallel with and 150
feet southwesterly of the center line of said main track 8.42 feet to a point which
is 60.0 feet west of the east line of said Lot 4; thence south parallel with the east
line of said Lot 4 a distance of 31.7 feet; thence southeasterly a distance of 12.2
feet to a point which is 42.3 feet south of the north line of said Lot 4; thence east
a distance of 50.2 feet to a point in the east line of said Lot 4 which is 133.8 feet
north of the southeast corner of said Block 59; thence south along the east line
of said Block 59 a distance of 85.57 feet to a point which is 48.23 feet north of
the southeast corner of said Block 59; thence northwesterly parallel with and 15
feet northeasterly of the centerline of the main track of the Chicago and Great
Western Railway Company a distance of 314.65 feet to the point of beginning.
AND
Those parts of Lots 1, 2, 3, 9 and 10 in Block 59 of the original Town (now City)
of Rochester, lying between lines parallel with and distant 9 feet and 15 feet,
respectively, Northeasterly, measured at right angles, from the center line of the
main track of the Chicago and North Western Transportation Company (formerly
the Chicago and Great Western Railway Company), as said main track is now
located.
ABSTRACT
AND
Beginning at a point in the west line of Main Street, now 1st Avenue Northwest,
133.8 feet north of the Southeast corner of Block No. 59, Original Plat of the
town, now City of Rochester, thence west at right angles to said west line of 1st
Avenue Northwest, 50.2 feet, thence northwesterly in a straight line 12.2 feet to
a point in a line parallel to and 60 feet west of the west line of First Avenue,
thence north parallel to and 60 feet west of the west line of 1st Avenue 34.5 feet
more or less to the south line of the right of way of the Chicago & Northwestern
Railway Co., thence southeasterly along said right of way to the west line of 1st
Avenue, thence south to beginning.
AND
Beginning at a point in the North line of Lot 9, Block 59 Original Plat of
Rochester which is 1.55 feet east of the northwest corner thereof; thence east
along the north line of Lots 9 and 4 to a point where the north line of said Lot 4
intersects a line 150 feet southwesterly of the center line of the main track of the
Chicago and Northwestern Railroad; Thence southeasterly parallel with and 150
feet southwesterly of the center line of said main track 8.42 feet to a point which
is 60.0 feet west of the east line of said Lot 4; Thence south parallel with the
east line of said Lot 4 a distance of 31.7 feet; Thence southeasterly a distance of
12.2 feet to a point which is 42.3 feet south of the north line of said Lot 4 which
is 133.8 feet north of the southeast corner of said Block 59; Thence south along
the east line of said Block 59 a distance of 85.57 feet to a point which is 48.23
feet north of the southeast corner of said Block 59; Thence northwesterly parallel
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with and 15 feet northeasterly of the centerline of the main track of the Chicago
and Great Western Railway Company a distance of 314.65 feet to the point of
beginning; containing 15,867 square feet.
ABSTRACT
AND
That part of Block 59 of the Original Plat of Rochester, Olmsted County,
Minnesota, and all right, title and interest to that part of the alley within said
Block being described as follows:
Commencing at the southwest corner of Lot 8 in said Block 59, thence North 00
degrees 05 minutes 30 seconds West, assumed bearing, along the west line of
said Block 59 a distance of 62.00 feet; thence south 71 degrees 57 minutes 30
seconds East, 36.00 feet to the point of beginning; thence South 83 degrees 56
minutes 09 seconds East, 92.09 feet; thence North 17 degrees 57 minutes 50
seconds East 5.00 feet; thence South 72 degrees 07 minutes 26 seconds East,
74.54 feet; thence south 16 degrees 29 minutes 00 seconds West, 23.92 feet to
the south line of Lot 5 in said Block 59; thence South 89 degrees 57 minutes 00
seconds West along said south line 1.34 feet; thence North 71 degrees 57
minutes 30 seconds West, 164.00 feet to the point of beginning.
AND
also, that part of Block 59 of the Original Plat of Rochester, Olmsted County,
Minnesota, described as follows:
Commencing at the southwest corner of Lot 8 of said Block 59; thence North 00
degrees 05 minutes 30 seconds West, assumed bearing, along the west line of
said Block 59 a distance of 62.00 feet; thence South 71 degrees 57 minutes 30
seconds East 200 feet to a point on the south line of Lot 5 of said Block 59;
thence North 89 degrees 57 minutes 00 seconds East along said south line, 1.34
feet for a point of beginning; thence continue North 89 degrees 57 minutes 00
seconds East along said south line, 32.57 feet; thence North 00 degrees 08
minutes 41 seconds West 14.60 feet; thence North 72 degrees 07 minutes 26
seconds West 27.05 feet; thence South 16 degrees 29 minutes 00 seconds
West 23.92 feet to the point of beginning.
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Torrens Certificate No. 24544; and,
WHEREAS, the project is being proposed through the Incentive Development Conditional
Use Permit process because the proposed hotel includes floor area beyond what is permitted by
the underlying M-1 Zoning District; 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:
A. Suitability of the Area: The proposed development plan is compatible
with existing land uses in the area. The site is located in downtown
Rochester, where there is a mix of land uses in the form of relatively
intense development. There are other hotel uses to the south. The Days
Inn is approximately 1,000 feet to the south. The Kahler Grand Hotel is
approximately 1,200 feet to the south. The Brentwood Inn is
approximately 1,000 feet to the southwest. The Kahler Inn and Suites is
approximately 1,000 feet to the southwest.
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:
(1) Capacity of Public Facilities: The site is in a developed area.
Existing utilities can adequately serve the proposed development.
(2) Geologic Hazards: There are no known geologic hazards on this
site.
(3) Natural Features: The proposal is a redevelopment of a
previously-developed site. This standard does not apply to a
previously-developed site.
(4) Traffic Generation Impact: A traffic impact report related to this
development proposal has been conditionally approved by the City
of Rochester Public Works Department.
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(5) Height Impacts: A shadow study was not submitted with the
application showing where the building will cast shadows at various
times of the day throughout the year. Shadows created by the
proposed development are not expected to significantly impact
surrounding properties. The site is located on the north edge of a
block, so shadows will fall onto Civic Center Drive to the north for
most of the day.
There are no adjacent residential dwellings that will have blocked
views due to the proposed development.
(6) Setbacks: The proposed development does not comply with all
setback requirements of the M-1 zoning district. The zoning district
requires a 25-foot setback along Civic Center Drive and a 12.5-foot
setback along 1st Avenue. The proposed building would extend
into both of these setbacks. Although the proposed building would
not comply with setbacks of the zoning district, the DMC Design
Guidelines recommend placement of buildings close to property
lines in this location.
(7) Internal Site Design: The site layout generally complies with
requirements of the M-1 zoning district and the DMC Parking
Overlay Zone. Planning staff supports modifications to the final
development plan for street side setbacks that do not meet the
minimum requirements of the M-1 district.
The building layout generally places desirable building orientation
onto street frontages. However, the ground floor layout is
inconsistent with policies of the DMC Design Guidelines. These
guidelines recommend active uses, short building setbacks along
street frontages, and removal of car movements along street
frontages.
The location of the site and the nature of the proposed hotel use
present some challenges in meeting the DMC Design Guidelines.
The site is located next to a four-lane divided arterial road in Civic
Center Drive on the north side of the site and a relatively short
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frontage of the site along 1 Avenue to the east. These
characteristics do not allow sufficient space for a vehicular drop-off
area along the street frontages. Because of this, the development
includes a drop-off area within the site. Although this drop-off area
creates issues of compatibility with the DMC Design Guidelines,
vehicular drop-offs are generally an inherent aspect of hotels. The
incorporation of a drop-off in the proposed location could be
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considered appropriate due to:
The limited surrounding context of active uses;
The location of the site at the northern edge of the DMC
boundary;
The presence of the railroad right-of-way that cuts a
diagonal path through the block, which separates the site
from development to the south, and may limit the
development potential of the remainder of the block;
For creating active street frontages, hotels uses generally limit
pedestrian access to one lobby location. This limits the ability for a
hotel to provide multiple pedestrian entrance points along the Civic
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Center Drive and 1 Avenue frontages without incorporating other
active uses with separate entrances.
(8) Screening and Buffering: Other than requirements for
boulevard trees, there are no bufferyard requirements for the
proposed development based on the M-1 zoning district. There is
no existing residential development surrounding the site that would
require screening or buffering from traffic movements or parking
areas. A trash collection and delivery area is shown on the west
side of the site and enclosed within the proposed building.
(9) Ordinance Requirements: Based on the requirements of the
recently-adopted DMC parking standards, the proposed use is
required to provide 105 parking spaces, which includes permitted
parking reductions for proximity to transit and to the
subway/skyway system. As proposed, 95 parking spaces are
shown on the plans, which is a deficit of 10 parking spaces. The
final development may be able to close the parking gap using
bicycle parking and on-street parking. Off-street parking
requirements can be reduced up to 5% with the inclusion of bicycle
parking on-site and for every on-street parking space adjacent to
the site. Council has the ability to approve a final parking
requirement that is lower than the requirement of the DMC-POZ
through a modification. A consideration for this reduction could be
the availability of on-street parking spaces on blocks surrounding
the site to the south. These on-street spaces are heavily used
during the day, but have greater availability during the overnight
hours when hotels experience the heaviest parking use.
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Based on the applicant narrative, 11% of the site is included as
landscape area. The site plan does not show the area that is
included in this calculation. The area included in this calculation
should be identified on the final site plan application.
(10) Non-Vehicular and Alternate Modes of Travel: The development
places a pedestrian entrance facing Civic Center Drive with a
walkway connection to the Civic Center Drive frontage. The
entrance is located along an internal driveway. The development
does not include pedestrian oriented space along the street
frontages. Council may require a pedestrian-oriented space along
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the 1 Avenue street frontage to be associated with the proposed
driveway entrance to the parking structure. A condition of approval
has been added to provide pedestrian-oriented space with this
development.
(11) Properties located in planning area for which a detailed Master
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 the site as part of the Medical/Clinical
District. The plan promotes expansion of medical uses within this district,
where is already significant medical-related activity and investment.
Destination Medical Center District Design Guidelines
The following is a review of the proposed development in comparison to
applicable portions of the DMC Design Guidelines.
A.08 Develop Mixed Use Neighborhoods
This guideline recommends mixed use development with below-grade
parking. This project is consists of a single-use building. Proposed
parking is not below grade, but is located on the second and third floors,
which removes parking from the ground level.
B.01 Design Streets for Pedestrians
This guideline includes recommendations for sidewalk widths, street
furniture, sidewalk materials, etc.
The site plan shows a six foot sidewalk width along the 1st Avenue
frontage, which is the minimum sidewalk width recommended by the DMC
Design Guidelines. An eight foot sidewalk width is considered the ideal
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sidewalk width. The plan also shows a five foot sidewalk width along the
Civic Center Drive frontage, which is one foot narrower than the
recommended sidewalk width. Both street frontages show amenity zone
widths (the area between the sidewalk and the curb) that exceed the
recommendations of the DMC Design Guidelines. The final development
plans should include sidewalk widths that meet or exceed the ideal 8 foot
width.
The proposal does not include pedestrian amenity areas along street
frontages, and does not provide information on sidewalk materials, on-site
lighting, or other elements like trash receptacle locations or drinking
fountains. These elements are normally shown on the final development
plans. This guideline will be revisited at that time.
B.02 Design Streets for Bicycles
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The preliminary development plan show a bike rack on the 1 Avenue
frontage. Additional off-street bicycle parking is required for new off-street
parking facilities, and will need to be provided on the final development
plans.
C.01 Design Buildings to Establish Sense of Urban Enclosure
The intent of this section is to allow for the placement of building façades
close to street frontages while promoting building step-backs in upper
floors to allow reduce blockage of natural light to the street and sidewalks.
The proposed hotel building footprint occupies almost all of the site, and
generally includes building placement adjacent to street frontages. The
DMC Design Guidelines specifically recommend a “zero setback” at
ground level and second floor, which would ideally place exterior walls
abutting the street rights-of-way. Setbacks are considered permissible for
façade articulation and to accommodate outdoor dining or seating areas.
The ground floor near the northeast corner of the site includes a range of
20 to 30 foot setbacks to accommodate an entrance driveway. The DMC
Design Guidelines do not include recommendations for setbacks to
accommodate car movements within a site. The 20-30 foot setbacks along
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the 1 Avenue and Civic Center Drive frontages are inconsistent with the
Individual Sites and Buildings section of the Design Guidelines.
The building has shorter street setbacks on the northwest side of the site
along Civic Center Drive. Although the DMC Design Guidelines do not
recommend setbacks for lawn areas, the proposed yard area is relatively
shallow, and would not significantly detract from the strength of building
frontage along Civic Center Drive.
Above the first floor, building façades extend closer to the street
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frontages. The western portion of the building reaches an overall height of
96 feet above grade. The DMC Design Guidelines recommend a façade
step-back for portions of the façade above 75 feet in height. The portions
of the upper façade above the 75-foot height achieve a minimum setback
of 10 feet from the street right-of-way.
C.02 Design Tall Buildings to Preserve Sunlight, Comfort, and Views
The DMC Design Guidelines include a “Tall Building Zone” where
building heights may exceed six stories (75 feet). This development is
located outside of the Tall Building Zone and exceeds the 75-foot height
with an overall height of 96 feet. The additional height could be
considered appropriate in this location due to the surrounding context.
The massing of the building is placed along Civic Center Drive, which is a
relatively wide street. A relatively tall building height could begin to create
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a sense of enclosure along this wide street. To the east, 1 Avenue is
significantly narrower street. The building massing steps down slightly
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along 1 Avenue, but remains above the 75-foot height.
C.03 Contribute to a Vibrant Streetscape
The DMC Design Guidelines recommend the placement of active uses,
building entrances at regular intervals and windows allowing views into
the building along the ground level. The hotel lobby is the only ground
floor space that could be considered an active use on the ground floor.
The building elevations show the intent for windows along the ground
floor of the lobby that would for visibility from the outside. As described in
the sections above, the lobby area has a generous setback from street
frontages that is inconsistent with the intent of the setback
recommendations. Along the Civic Center Drive frontage to the west, the
floor plans show hotel rooms placed along the frontage. The building
elevations do not define building materials along the ground floor. It is
unlikely that hotel rooms along the ground level could contribute to an
active street frontage with clear windows and multiple building entrances.
C.04 Promote Quality and Permanence in Development
The building design appears to avoid building materials that are
prohibited by the DMC Guidelines, but detailed callouts for building
materials are not provided on the building elevations. This element of the
DMC Design Guidelines should be reexamined at the time of final plan
review for consistency. The proposal does not include information on the
Visible Light Transmittance of ground floor windows to ensure that highly
reflective or darkly tinted glass is not used.
C.05 Design for Coherency
This guideline includes recommendations for design details like signage,
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awnings, lighting, and the screening of utility, trash, and other equipment.
The development will generally follow Sign Standard D in the LDM. There
are signs shown on the upper façades of the building that appear to
comply with this standard.
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A delivery/ utility area is located on the west side of the site along 2
Avenue. According to the floor plans, this area will be enclosed within the
building, as recommended by the guideline.
C.6 Design for Flexibility and Adaptability for future use
The DMC Design Guidelines include recommendations for floor-to-floor
heights, structural spacing, and parking structure design to increase the
ability for a building to be adapted for a different use in the future. The
proposed development appears to have flat parking levels, which is an
element promoted by the DMC Design Guidelines. The application points
out that the proposed hotel will have ceiling heights of 9.5 feet. This is
less than the 12-16 foot floor-to-floor heights recommended by the
guidelines. The structural column spacing within the building of at least 22
feet appears to be met.
C.07 Create Spaces for Collaboration
The DMC Design Guidelines emphasize the need for collaborative spaces
that are an extension of the public realm. Although the proposal includes
meeting spaces and a possible future café/restaurant area, these spaces
appear to be proposed within the context of the hotel use. The proposal
does not illustrate the design intent for these spaces to have separate
entrances from the hotel use that would help them to become extensions
of the public realm.
The addition of outdoor pedestrian spaces associated with the hotel along
the street frontages could be a positive step in meeting this guideline if
they are placed near building entrances or other uses within the lobby
where people could congregate.
C.8 Meet Sustainable and Healthy Building Design Standards
The proposal does not show intent to pursue project review under an
existing or proposed rating system.
C.9 Connect to District Systems
There is no information in the application related to connections to
advanced infrastructure/energy systems.
C.10 Design Roofs for Visual Impact and Sustainability
The preliminary plans do not provide sufficient information on rooftop
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functions and rooftop equipment to answer the questions in the DMC
Design Guidelines related to screening of equipment and activities, the
attractiveness of the rooftop when seen from above, and the ability of the
roof to support solar collectors. This guideline should be revisited at the
time of final plan review.
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The floor plans show the intent for a 4 floor rooftop landscape area
above the parking structure ramp.
C.11 Design Parking Structures to Enhance Pedestrian Realm
The two parking levels (floors 2 and 3) are shown as open-air floors that
are screened from the street frontages with exterior building walls clad
with metal panels or GFRC (Glass Fiber Reinforced Concrete). The
elevations show that these exterior walls will have a greater than 50%
coverage of the parking structure. The guidelines generally encourage
enclosed parking.
C.12 Make Parking Structures Adaptable to Future Uses
The structured parking within the development is integrated into the
building footprint on the second and third floors. The surface of the
parking levels appears to be mostly flat, except for a ramp on the south
side of the ramp that provides access to the two parking levels from the
ground floor. Parking floors that have no slope are most easily adaptable
to other uses in the future. The building elevations show a floor-to-floor
height of 9 to 9.5 feet, which is a relatively short floor-to-floor height to
permit a future conversion to another use, especially a non-residential
use.
Destination Medical Center Parking Overlay Zone (DMC-POZ)
The DMC-POZ was approved in 2017 to replace the previous Downtown
Parking Overlay Zone (DPOZ), and to reflect the unique characteristics of
parking in the DMC District where a high level of public transit service,
centrally located public parking facilities, metered street parking, and
close proximity of different business, institutional and public destinations
facilitate much greater use of alternative modes of travel. Within this
district, private off-street parking requirements are regulated differently
than in other parts of the City.
The development proposal includes 95 off-street parking spaces within
structured parking for the use or benefit of the project. A typical
development in the M-1 zoning district would be required to provide one
parking space for each hotel room. Within the DMC-POZ there are
multiple options to allow a reduction in the proposed parking for a site.
The base parking requirement within the district allows an initial parking
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reduction of 25%. Additionally, reductions can be taken for proximity to
transit, the subway/skyway system, and public on-street parking. An
additional reduction can be used for placing bicycle parking on the site.
In addition to providing reduced parking requirements, the DMC-POZ
includes design standards for parking facilities. The proposed
development generally complies with the design intent of the DMC-POZ
by placing the parking facility above the ground floor and within the
building footprint without extending beyond the principal building. The
DMC-POZ recommends that access to parking structures should involve
minimal interference with pedestrian movements and must not be located
along an active/pedestrian street frontage. The development includes a
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new access point on 1 Avenue to parking within the site. Because 1
Avenue is identified within the DMC-POZ as an active/pedestrian street
frontage, this new access would not meet the access requirements.
Council may approve this proposed access to the parking structure if
other locations are considered infeasible because of physical limitations
on the site. In exchange for this approval, the DMC-POZ requires a
minimum 15-foot wide area at ground level between the parking facility
and the street frontage to be designed as a pedestrian plaza with public
seating, public art, and landscape area.
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The proposed location for the vehicular driveway along 1 Avenue to the
parking facility could be considered the most feasible area for several
reasons.
The parking is ideally placed at the back of the site along the
railroad right-of-way. The shortest distance to that area is from the
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1 Avenue frontage or the 2 Avenue frontage.
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Public parking access from the 2 Avenue frontage would require
crossing a railroad to access the site. A train on the tracks could
block access to the site.
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The 1 Avenue driveway access would be placed next to an
existing interruption to the street frontage in the railroad right-of-
way.
Due to these factors, Planning staff recommends approval of the
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proposed driveway location on 1 Avenue with the additional requirement
for a pedestrian plaza, as described by the DMC-POZ; and,
WHEREAS, the Planning Department Staff recommended the following conditions of
approval if the Incentive Development application were approved:
1. Submission of final development plans shall include the following information:
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A. Ideal widths for sidewalk zones from Section B.01 in the DMC
Design Guidelines shall be shown on the building plans. If these
widths cannot be achieved, an explanation shall be provided.
B. A detailed list of building materials shall be provided.
C. A detailed list of ground surface materials shall be provided.
D. Street furniture and other pedestrian elements shall be identified.
E. The final development plans shall demonstrate compliance with
vehicle and bicycle parking requirements, or shall include a
request for a modification to these standards.
F. The landscape area included in the landscape area calculation
shall be shown on the plans.
G. Pedestrian oriented space associated with the driveway access to
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1 Avenue shall be provided as required by the DMC-POZ.
H. Locations and screening of mechanical equipment shall be
identified.
2. This approval does not include a drop off lane within the Civic Center Dr
NW ROW.
3. Prior to final development plan approval, Grading & Drainage Plan
approval is required for this project.
4. Prior to final development plan approval, the conditions of the traffic
impact report shall be met.
5. An ADA compliant pedestrian access shall be provided from the public
pedestrian facilities along 1st Ave NW to the building entrance.
6. Prior to final development plan approval, the intended land swap
agreement shall be finalized, and the proposed access driveway
connection to Civic Center Drive shall be approved.
7. Prior to building permit approval, a City prepared agreement shall be
executed to address in part, the developer’s financial obligations for
signal and street modifications that will be required to Civic Center Dr NW
and 1st Ave NW.
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8. Any encroachments into public easements or public ROW, other than turf
/ boulevard trees, will require prior City Council approval of a Revocable
Permit Agreement. The requirement for a Revocable Permit includes any
private facilities which will extend into the public right-of-way or public
easements, above, at, or below grade.
9. Execution of a City-Owner Contract will be required for any new public
improvements required for this proposed redevelopment, as well as, for
any reconstruction of existing public infrastructure.
10. The existing water service must be abandoned at the main by cutting out
the tapping sleeve. Provide a new 8" gate valve on the water service near
the 6" water main.
11. 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 7/31/18 and subject to an ENR
adjustment thereafter); and,
WHEREAS, on October 11, 2017, 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 nearly all of the Planning Department’s recommended
findings of fact, and recommended approval of the application subject to the Planning
Department’s recommended conditions of approval as amended below:
2. (condition deleted)
4. Prior to final development plan approval, the traffic impact report shall be revised to
accommodate the alternative site plan layout and reviewed by Public Works.
6. (condition deleted)
7. Prior to building permit approval, a City prepared agreement shall be executed to
address in part the developer’s financial obligations for signal and street
modifications that may be required to Civic Center Drive N.W., and First Avenue
N.W.
WHEREAS, the Planning and Zoning Commission added the following finding of fact to the
Planning Department’s recommended finding of fact for section 62.630, subd. 2(A)(2):
“The irregular shape of the site constitutes a natural characteristic of the site that
necessitates increased density to allow for economic development of the site;” and,
WHEREAS, on November 6, 2017, and November 20, 2017, the Common Council held a
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public hearing on the Incentive Development Preliminary Plan (#R2017-029CUP), and gave all
interested persons the opportunity to make presentations and give testimony concerning the
application; and,
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WHEREAS, at the November 20 public hearing, the Council amended condition #8 so as
to read as follows:
8. Any encroachments into public easements or public ROW, other than turf
/ boulevard trees, will require prior City Council approval of a legal
document deemed appropriate by the Public Works Director and the City
Attorney. The requirement for an appropriate legal document includes any
private facilities which will extend into the public right-of-way or public
easements, above, at, or below grade.
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WHEREAS, at the November 6 and November 20 public hearings, the Applicant’s
representative agreed with all of the Planning and Zoning Commission’s recommended conditions
of approval and the Council-amended condition #8; and,
WHEREAS, based upon a substantial amount of all of the evidence and testimony
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submitted during the November 6 and November 20 public hearings, the Council accepts the
Planning and Zoning Commission’s recommended findings of fact and conditions of approval as
amended, and adopts them as its own.
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 (#R2017-029CUP) Alternative #2 requested by EKN Development
Group is granted subject to the above nine conditions of approval (conditions #1, 3, 4 as
amended, 5, 7 as amended, 8 as amended, 9, 10, and 11) as recommended by the Planning and
Zoning Commission and the Council.
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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.17-029.prelim
16