HomeMy WebLinkAboutOrdinance No. 4194 (b) Second Reading: Fox Villas Special District ORDINANCE NO. 4194
AN ORDINANCE CREATING AND ENACTING CHAPTER 64W,
AND AMENDING AND REENACTING SECTION 60.327 OF THE
ROCHESTER CODE OF ORDINANCES, RELATING TO THE
ESTABLISHMENT OF THE FOX HILL VILLAS SPECIAL
DISTRICT.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. Chapter 64W of the Rochester Code of Ordinances is hereby
created and enacted to read as follows:
64W. FOX HILL VILLAS SPECIAL DISTRICT
64W.100. The purpose of this Special District is to provide for zoning
regulations that shall be administrated in the Fox Hill Villas Special District, as required
in Section 62.900 of the Rochester Code of Ordinances (City of Rochester Zoning
Ordinance and Land Development Manual). This chapter contains the special
regulations of the Fox Hill Villas Special District.
64W.150 BOUNDARIES OF THE LAND.
This ordinance shall apply to the following described property located within the
City of Rochester, County of Olmsted, State of Minnesota:
That part of the East One-Third of the East Half of the Southeast Quarter
of Section 4, and that part of the East One Third of the East Half of the
Northeast Quarter of section 9, all in Township 106 North, Range 14 West,
Olmsted County, Minnesota, described as follows:
Beginning at the southeast corner of said East One-Third of the East Half
of the Southeast Quarter of Section 4, thence on an assumed bearing of
North 00 degrees 49 minutes 25 seconds West along the east line of said
East Half of the Southeast Quarter of Section 4 a distance of 1301.80 feet
to the centerline of Fox Valley Drive SW as dedicated on the plat of
BAIHLY HEIGHTS SIXTH SUBDIVISION, according to the recorded plat
thereof on file and of record in the office of the County Recorder, Olmsted
County, Minnesota; thence Southwesterly 174.76 feet along a non-
tangential curve concave to the southeast, and along said centerline of
Fox Valley Drive SW, said curve has a radius of 300.00 feet, a central
angle of 33 degrees 22 minutes 36 seconds and the chord of said curve
bears South 60 degrees 38 minutes 27 seconds West 172.30 feet; thence
South 43 degrees 16 minutes 27 seconds West tangent to said curve and
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along said centerline, a distance of 406.22 feet to the west line of said
East One Third of the East Half of the Southeast Quarter of Section 4;
thence South 00 degrees 46 minutes 39 seconds East along said west
line and along the east line of the plat of FOX HILL SUBDIVISION,
according to the recorded plat thereof on file and of record in the office of
the County Recorder, Olmsted County, Minnesota, 276.86 feet to the
northwest corner of the plat of FOX HILL FOURTH, according to the
recorded plat thereof on file and of record in the office of the County
Recorder, Olmsted County, Minnesota; thence Easterly 110.08 feet along
a non-tangential curve concave to the south, and along the north line of
said FOX HILL FOURTH, said curve has a radius of 616.98 feet, a central
angle of 10 degrees 13 minutes 22 seconds and the chord of said curve
bears South 85 degrees 39 minutes 58 seconds East 109.94 feet; thence
North 84 degrees 50 minutes 10 seconds East not tangent to said curve,
and along the north line of said FOX HILL FOURTH, a distance of 50.15
feet; thence South 00 degrees 46 minutes 39 seconds East along the east
line of said FOX HILL FOURTH a distance of 394.88 feet; thence
Southwesterly 34.27 feet along a tangential curve concave to the
northwest, and along said east line of FOX HILL FOURTH, said curve has
a radius of 57.50 feet, a central angle of 34 degrees 08 minutes 54
seconds and the chord of said curve bears South 16 degrees 17 minutes
48 seconds West 33.77 feet; thence Southeasterly 69.73 feet along a
reverse curve concave to the east, and along said east line of FOX HILL
FOURTH, said curve has a radius of 58.50 feet, a central angle of 68
degrees 17 minutes 48 seconds and the chord of said curve bears South
00 degrees 46 minutes 39 seconds East 65.68 feet; thence Southeasterly
34.27 feet along a reverse curve concave to the southwest, and along said
east line of FOX HILL FOURTH, said curve has a radius of 57.50 feet, a
central angle of 34 degrees 08 minutes 54 seconds and the chord of said
curve bears South 17 degrees 51 minutes 06 seconds East 33.77 feet;
thence South 00 degrees 46 minutes 39 seconds East tangent to said
curve a distance of 235.34 feet to the north right of way line of Fox Hill
Place SW as platted in said FOX HILL FOURTH; thence Southeasterly
123.66 feet along a non-tangential curve concave to the south, and along
said north right of way line, said curve has a radius of 233.00 feet, a
central angle of 30 degrees 24 minutes 27 seconds and the chord of said
curve bears South 88 degrees 55 minutes 50 seconds East 122.21 feet;
thence South 73 degrees 43 minutes 37 seconds East along the north line
of said FOX HILL FOURTH a distance of 74.57 feet; thence Southeasterly
34.49 feet along a tangential curve concave to the north, and along said
north right of way line, said curve has a radius of 117.00 feet, a central
angle of 16 degrees 53 minutes 22 seconds and the chord of said curve
bears South 82 degrees 10 minutes 18 seconds East 34.36 feet; thence
North 89 degrees 23 minutes 01 seconds East tangent to said curve, and
along said north right of way line a distance of 48.80 feet to the east line of
said East One Third of the East Half of the Northeast Quarter of Section 9;
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thence North 01 degrees 08 minutes 04 seconds West, along said east
line of Section 9 a distance of 146.94 feet to the northeast corner of said
Northeast Quarter and the point of beginning.
The above described parcel contains 9.86 acres and is subject to any
easements, covenants and restrictions of record.
64W.200. LEGISLATIVE INTENT AND FINDINGS.
Subd. 1. Fox Valley Villas provides an alternative to single-use zones by
offering a mixed-use design.
Subd. 2. This Special District is established to foster the development of a
comprehensively planned neighborhood. The street and lot layout, as depicted on the
General Development Plan (see Exhibit A), is designed to reduce the number of
individual driveway accesses off Fox Meadow Court SW, a local street. This is
accomplished by constructing three private drives accessed from Fox Meadow Court
SW which will serve 29 individual lots. This layout promotes the development of
individually owned, single family attached and/or detached dwellings (maximum of two
attached per common structure).
Subd. 3. This type of development is consistent with the goals and policies
of the City's Land Use Plan and Housing Plan, which encourages the City to
accommodate development proposals that include owner-occupied townhomes as part
of neighborhood development areas.
64W.210. ESTABLISHMENT OF FOX HILL VILLAS SPECIAL DISTRICT.
Subd. 1. Pursuant to section 62.900, the Rochester Common Council hereby
creates a special zoning district to be known as the Fox Hill Villas Special District
("Special District"). The Special District shall be an overlay-zoning district designed to
encourage the attractive and compatible development of the Site.
Subd. 2. The regulations and guidelines set forth in this Special District shall
prevail over the regulations of the noted underlying zoning district.
Subd. 3. The determination of the need for the creation of this Special District is
based upon the following findings or land use principles:
A. This Special District is established to foster the development
of a comprehensively planned neighborhood. The street and
lot layout, as depicted on the General Development Plan
(see Exhibit A), is designed to reduce the number of
individual driveway accesses off Fox Meadow Court SW This
layout promotes the development of individually owned,
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single family attached and/or detached dwellings. (maximum
of 2 attached per common structure).
B. The location of Fox Hill Villas is unique in that it surrounded
by developed lands. Providing for this type of housing option
for the area would serve to better further the policies and
goals of the Comprehensive Plan and Housing Plan, which
encourages developing a range of densities and
development styles.
C. Developing the property through the Special District standard
will allow for a development that maintains typical urban
density while preserving and protecting habitat that maintains
groundwater quality and quantity.
D. Fox Hill Villas is intended to maintain and promote areas of
relatively low residential density where the emphasis is
generally on the development of owner-occupied one-family
dwellings of various styles designed to meet the housing
needs of the complete range of one-family households.
E. Fox Hill Villas is intended to balance the mobility, safety and
other needs of pedestrians, bicyclists and vehicular traffic and
to provide pedestrian connections to adjoining
neighborhoods.
64W.220. UNDERLYING DEVELOPMENT STANDARDS
Subd. 1. Except where otherwise specified, standards for the development
of this district shall be based on section 62.230 — R-2 Low Density Residential
Subd 2. The permitted uses and appearance control standards shall comply
with section 62.230 for the R-2 zoning district unless otherwise provided in this special
district.
A. Site Standards.
(1) The maximum number of new one family attached
dwelling shall be 31.
(2) Recreation Space requirements per section 63.140
Useable Recreation Area, shall be met utilizing the
public landscaping areas within adjacent Younge
Park.
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Subd. 3. Permitted Uses: Permitted uses shall include the following:
A. All type I uses permitted in the R-1x zoning district with the
exception of the following uses:
(1) Manufactured Homes
(2) Group Residential Care
(3) Duplex
(4) Offices
(5) Medical Facilities
(6) Nursing and Personal Care
(7) Funeral Homes
(8) Sand or Gravel Excavation
(9) Agricultural Operations
(10) Area Accessory Development
(11) Offender Transitional Housing
(12) Rental Units
Subd. 4. Lot Development Standards
A. Each platted lot shall be designated as one family attached
or detached dwelling. If the lot is developed with an
attached dwelling, the dwelling shall only have one common
wall.
B. Minimum main floor building footprint, not including garages,
shall be 1,700 square feet.
C. No lean to, carport, vehicle storage building or building
structure detached from the residence for private use shall
be permitted.
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D. Siding material shall be an engineered product simulating
wood grains, brick or stone excluding vinyl siding, steel
siding or aluminum siding.
E. Side street side yard setback lines shall be a minimum of 11
feet where paralleling Fox Meadow Court SW. All other
building setback lines shall be as required by zoning
requirements of the City of Rochester and as further
restricted by easements shown at the time of platting.
Notwithstanding any provision in this clause to the contrary,
there shall be a minimum 25-foot setback for those lots
parallel to the lots located in the Baihly Heights Sixth
Subdivision.
F. Utility easements will be reserved and reservation made, in,
on and through the lots at the time of platting. Easements
shall be for construction, placing, repair, and maintenance of
all necessary overhead, underground and surface utilities,
public or private, including the right to conduct drainage and
to trim on and over the areas of such easements.
G. No lots shall be subdivided into smaller lots or areas other
than as approved through the platting process.
64W.300. BOUNDARIES
The regulations established herein shall apply to the land described in Section
64W .150 and shall be designated "SD" on the zoning map.
64W.400. EXHIBITS
The following documents shall be submitted with the Special District application
and included as exhibits of this Ordinance:
A. Fox Hill Villas General Development Plan, Exhibit A.
B. Special District Boundary Plan, Exhibit B
64W.500. GENERAL DEVELOPMENT PLAN AND GUIDE FOR
DEVELOPMENT
The Fox Hill Villas General Development Plan, following Special District
approval and a rezoning of the area to Special District, together with the attached
Exhibits A and B are, in combination, recognized as the guide for the development of
the Special District.
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64W.600. EFFECTS OF REGULATIONS
The General Development Plan and Final Plat together with the conditions and
restrictions imposed, if any, shall govern the use and development of the land.
64W.700. DEVELOPMENT PROCEDURES
Subd. 1. Except as herein described, development procedures for property
within the Special District shall be consistent with the requirements of the Rochester
Code of Ordinances. Additional plans and information shall be submitted, as
necessary, for development within the Special District, as outlined below. If determined
necessary by the Zoning Administrator, additional plans or information necessary for
development approvals shall also be submitted.
Subd. 2. Final Plat Application. Final plat applications within the Special District
shall include plans and information consistent with the requirements of this Code and
shall be submitted at least three weeks prior to the City Council meeting at which they
will be considered. If requested by the Zoning Administrator, additional information
needed in order to judge the nature and propriety of the proposal shall also be
submitted.
Subd. 3. Zoning Certificate and Building Permit. Applications for building
permits and zoning certificates within the Special District shall include submission of a
Fox Hill Villas Architectural Review Committee document. This document must verify a
review of sitting and plans for compliance with this Special District's intent, as outlined in
the covenants submitted with the final plat.
64W.800. RESCINDING APPROVAL.
Subd. 1. After six years from the date of approval of the Special District, the
Council may, following a public hearing, rescind approval of this Special District upon
finding that no progress has been made in the construction of the development.
Section 2. Section 60.327 of the Rochester Code of Ordinance is amended and
reenacted to read as follows:
60.327 SD SPECIAL DISTRICTS: Existing Special Districts
approved by Ordinance numbers 3443, 3404, 2726, 2516,
2247, 3385, 3468, 3497, 3503, 3520, 3534, 3604, 3615,
3691, 3730, 3814, 3889, 3919, 4003, 4122, and 4194 are
recognized as separate zoning districts and the plans and
procedures established for each Special District will continue
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in force. When a Special District Ordinance does not specify
the procedure or criteria to amend an approved site
development plan, the proposed amendment will be
reviewed under section 61.148. When a Special District
Ordinance requires a specific site/development plan review
process, but does not specify the criteria by which to review
the site/development plan, the development will be reviewed
under section 61.148. When a Special District Ordinance
requires a two-phase review, the development will be
reviewed under section 61.146 and either section 62.708 (1)
(for preliminary plans) or section 62.708 (2) (for final plans).
Section 3. This Ordinance shall become effective on and after the date of its
publication.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF , 2015.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS DAY OF , 2015.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord 15/64W
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