HomeMy WebLinkAboutOrdinance No. 4352 - Second Reading: Bear Creek Campus Special District
ORDINANCE NO.
AN ORDINANCE CREATING AND ENACTING CHAPTER
64P, AND AMENDING AND REENACTING SECTION 60.327
OF THE ROCHESTER CODE OF ORDINANCES,
RELATING TO THE ESTABLISHMENT OF THE BEAR
CREEK CAMPUS SPECIAL DISTRICT
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. Chapter 64P of the Rochester Code of Ordinances is hereby created
and enacted to read as follows:
64P. BEAR CREEK CAMPUS SPECIAL DISTRICT
64P.100. PURPOSE. The purpose of this Special District is to provide for zoning
regulations that shall be administered in the BEAR CREEK CAMPUS Special District, as
required in section 62.900 of the Rochester Code of Ordinances. This chapter contains
the special regulations of the BEAR CREEK CAMPUS Special District.
64P.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, described as follows:
Lot 1 Block 1, Minnesota Bible College Addition
And
That part of the SW ¼ of Section 11, Township 106 North, Range 14 West,
described as follows:
Commencing at the Southwest corner of Section 11, a cast iron monument, thence
North 89 degrees 57 minutes East 490.23 feet along the South line of said Section
11; thence North 1 degree 6 minutes West 1,134.04 feet; thence South 88 degrees
54 minutes West 224.67 feet; thence North 13 degrees 31 minutes East 160.03
feet; thence North 2 degrees 41 minutes East 120.05 feet; thence North 0 degrees
15 minutes West 67.00 feet; thence North 14 degrees 50 minutes West 110.06
feet; thence North 23 degrees 58 minutes West 250.85 feet to a point on the
centerline of County Road “D”; thence North 72 degrees 7 minutes 30 seconds
East 130.06 feet along the centerline of County Road “D”; thence along the
centerline of County Road “D”, a curve to the left with a central angle of 2 degrees
32 minutes, a radius of 2,864.79 feet, a distance of 126.67 feet; thence North 69
degrees 35 minutes 30 seconds East 186.84 feet along the centerline of said
County Road “D”, for a point of beginning; thence along the centerline of County
Road “D” a curve to the left with a central angel of 21 degrees 17 minutes, radius
of 572.96 feet, a distance of 212.83 feet; thence South 30 degrees 0 minutes
197.93 feet; thence South 60 degrees 0 minutes West 240 feet; thence North 21
degrees 40 minutes West 196.12 feet to the point of beginning.
64P.200. LEGISLATIVE INTENT AND FINDINGS. Subdivision 1. Findings: It
is the findings of the Council that the lands described in 64P.150 herein which define the
property under the ownership and control of the Bear Creek Campus are of Special and
Substantial significance to the City of Rochester. In a desire to effectively and efficiently
achieve community goals, to assist and encourage the development of affordable and
other housing needs, along with office and commercial space focused toward, but not
exclusive, to non-profit organizations that compliment other uses on site, and to enable
the City and the Bear Creek Campus to effectively plan for future development
investment, the Common Council hereby creates a special zoning district as provided
Chapter 62 of the Rochester Code of Ordinances to be known as the Bear Creek Campus
Special District. This determination is based upon the following specific findings:
A. The land area and the existing land use at the Bear Creek Campus provide
opportunity for community residential housing needs and related commercial
services.
B. The land area under control of the Bear Creek Campus provides adequate
space to buffer neighbors from potential adverse impacts of noise, traffic, and
congestion.
C. The physical configurations of and interrelationships among the structures and
activities do not adversely impact adjacent property owners.
D. Providing good stewardship toward the property’s unique physical character
involving geology, ecology, topography, and natural environments.
E. Given the unique nature of the Bear Creek Campus’ related but mixed uses,
along with the size and arrangement of the site, it is desirable to devise a unique
zoning district with special regulations that will accommodate the singular
requirements of the campus and adequately guide the expansion of its activities
and facilities. Doing so will permit the Bear Creek Campus to confidently plan
for future investment and growth in Rochester.
Subd. 2. Intent. It is the intent of this ordinance to assist and encourage the
development of religious institutional and related residential/commercial land uses in a
campus setting by creating special zoning approaches. These zoning approaches are
applicable to institutions which have ownership of land large enough to be capable of
accommodating multiple buildings that are able to use shared access, parking, loading,
and other amenities on site. This framework is important for the continued growth and
vitality of the needs of the community. Bear Creek Christian Church, leading Bear Creek
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Campus, is a not-for-profit organization engaged in services benefitting the public’s
health, safety, and welfare.
64P.300. EFFECTS OF REGULATIONS. Subdivision 1. Applicability. The
Special District established by this Ordinance shall be an overlay zoning district with
unique development standards on the property defined as the Bear Creek Campus
Special District, which is the property within the district boundary identified in 64P.150.
The underlying zoning of this property is SD- R1-Mixed Single Family Residential District.
Unless otherwise specified within these regulations, all other standards and requirements
of the Rochester Zoning Ordinance remain in effect as though the property is zoned MRD
#1 (Education and Public Service Campus) district.
Subd. 2. Zoning Map. The boundary of the Bear Creek Campus Special District
shall be identified on the official Zoning Map as “SD-31”)
64P.400. SPECIAL DISTRICT PLANNING DOCUMENTATION
Subdivision 1. Planning Documents. Permitted land use and zoning controls within
the special district are based upon the concept of site-wide operations and
interrelationships. Specific documents are adopted by resolution of the Common Council
as part of this special district that reflect this planning concept. These documents will be
the specific guides to land uses and activities within the boundaries of the special district.
The specific documents are described as follows:
A. Bear Creek Campus – Campus Location Map (SRF)
B. Bear Creek Campus – Aerial Plan (SRF)
C. Bear Creek Campus – Campus Master Plan (SRF)
Subd. 2 Amendment Process. Any amendment to the Campus Master Plan or the
Special District Language shall be processed according to the Type III Phase II process.
The application shall be in conformance with the 64P.200 Legislative Intent and Findings
and Section 62.901 and 62.906 of the Land Development Manual.
64P.500. SPECIAL DISTRICT DEVELOPMENT STANDARDS
Subdivision 1. Permitted Land Uses:
A. The following uses permitted in MRD #1 District, Education and Public
Service Campus Mixed Redevelopment will follow the requirements and
regulations found in LDM 62.360 and associated regulations connected
to the MRD#1 District, except as noted in the list below.
1. Performance Residential
2. Multi-Family Residential
3. Office
4. Business Services
5. Educational Services
6. Medical Facilities
7. Neighborhood Food Sales/Service
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8. Neighborhood Retail
9. Business Center
10. Communications
11. Semi-transient Accommodations
12. Existing Semi-Transient Accommodations – known as the
existing six “Faith Village” residential buildings, that has two
dwelling units per building, with 8 dwelling units having 6 beds
and 4 dwelling units having 7 beds
13. Indoor Recreation – permitted only as an accessory use
14. Indoor Athletic Facilities – permitted only as an accessory use
B. Group Residential Care – is a permitted use that shall follow the
provisions of the R-4 Zoning District.
C. Area Accessory Development uses permitted by the MRD #1 District are
allowed and will conform to the LDM 62.930 Area Accessory
Development section of the ordinance with the following modifications.
1. Subdivision 2 Area Accessory Developments include:
i. Public emergency service facilities or other public service
facilities needing location in the area to permit effective
service within the area, such as branch post offices.
ii. Public park or recreation areas, non-profit community
centers, and centers for neighborhood social services.
iii. Nursey, elementary and secondary schools.
iv. Churches, convents, monasteries.
v. Major governmental of non-profit organization office
buildings.
vi. Publicly owned cultural facilities, such as museums,
libraries, art galleries, auditoriums, civic centers, or
advanced education facilities.
vii. Social service center providing meals/sleeping or other
without trained personnel on a volunteer basis.
viii. Post-secondary degree granting public or private colleges
and universities.
2. Area Accessory Developments are subject to site location
standards in 62.936 as indicated in the MRD #1 District Tables
Subd. 2. Floor Area, Lot Coverage, Setbacks, Height, and bulk of structures:
A. Floor Area Ratio (FAR) for the Bear Creek Campus Special District shall
not exceed 0.375 FAR for Net Buildable Area (Total Land – Total
Resource Protection Area Formula). Current existing building is 0.065
FAR for net Buildable Area.
B. Impervious surface area created by structures and paved areas shall not
exceed 36% of the Bear Creek Campus Special District entire 36.94
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acre property. Existing impervious surface is 12% for the entire
property.
C. The setback along public streets from the public Right-of-Way shall be
30 feet for buildings and 20 feet for parking. The setback for private
streets from the edge of pavement is 15’ for buildings and 0’ for parking.
The setback area may be used for access, pedestrian ways,
freestanding signs, bikeways and drainage but not for parking or
buildings. Existing structure and parking areas located within the
required setback are permitted to remain, but no expansion is permitted.
D. A setback of 30 feet for building and parking shall be required along all
exterior property lines that is not public Right-of-Way, except adjacent
to the northeast parcel, address 804 Mayowood Road SW, where the
parking setback is to be 20’. The setback area may be used for access,
pedestrian ways, freestanding signs, bikeways and drainage but not for
parking or buildings. Existing structure and parking areas located within
the required setback are permitted to remain, but no expansion is
permitted.
E. All buildings must meet a 60-foot height limitation, however if the building
is within 150 feet of an adjacent off-site existing residential home, the
height limitation is to be 35 feet.
Subd. 3. Parking:
A. All off street parking spaces are to be for the uses contained within the
Bear Creek Campus Special District. Parking Facilities for uses outside
the boundary of the Campus are not permitted.
B. All application for development or amendment to the Bear Creek
Campus is required to provide documentation of compliance with
parking requirements based on the parking calculations associated with
the proposed uses.
C. Conformance with parking requirements will evaluate existing parking
spaces dedicated to the amendment location and the proposed uses
parking requirements to determine any additional parking space
requirements for the use.
D. On-street parking for private streets within the Bear Creek Campus
Special District is allowed for both existing and proposed spaces.
Subd. 4. Sign Regulation:
A. The only signs allowed for the Special District are identified in this
section.
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B. One Campus Sign shall be allowed at each public street driveway
access to the campus property. A Campus Sign is defined as a
freestanding sign following the Sign Type “B” regulations. Electronic
message board lighting is permitted for the Campus Sign.
C. Internal campus signage to follow Sign Type “A” regulations, along with
the following exceptions. One freestanding sign is allowed per building,
along the campus primary drive or near the building, and is intended for
building tenant user identification. Permitted lighting to include general,
internal, backlight, spot light, and message board.
D. All existing signage is allowed to remain.
Subd. 5. Landscape Requirements:
A. To facilitate the protection and preservation of the mature trees
bounding the property, a 30 foot tree preservation buffer is established
along all exterior property lines, not including public Right-of-Way, with
the exception of any utility connections, and adjacent northeast parcel
(address 804 Mayowood Road SW). No trees eight inches in diameter
or greater may be removed from this preservation area, unless diseased
or fallen, without prior consent of the City. The tree preservation buffer
must maintain the canopy and understory tree density of the Type E
bufferyard.
B. Landscape planting requirements are as identified in the Land
Development Manual for the MRD#1 District.
C. Boulevard Trees required for public streets are as identified in the Land
Development Manual, the property shall use the R1 standards for
calculation of requirements.
D. Internal development is not subject to bufferyard requirements between
buildings.
Subd. 6. Usable Recreation Area:
A. Designated required land area for usable recreation area may be shared
amongst uses and developments, even if property is subdivided, as long
as it is within the boundaries of the said Bear Creek Campus. This may
include shared play areas, trails, and other amenities.
B. Recreation Space area to be minimum 14% of residential total square
footage.
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64P.600. PERMIT ADMINISTRATION & DEVELOPMENT PROCEDURE
Subdivision 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. All application submittal requirements and application review processes
are governed by the provisions of the controls outlined in the permitted land uses in
section 64P.500 of this Special District.
Subd. 3. All submittals within the Bear Creek Campus Special District shall follow
submission requirement within the Land Development Manual and appendices and shall
be accompanied by a complete and up-to-date document which describes the following:
Site Capacity Calculations, using the requirements of LDM 61.530, for Bear
Creek Campus
Impervious Area Calculation for the Bear Creek Campus
Floor Area Ratio for Bear Creek Campus
Square Feet of Floor Area of each use by building
Number of residential units in each building
Number of bedrooms per unit in each building
Documentation of existing, required and proposed parking spaces
associated with each use for the Bear Creek Campus
Subd. 4 In order to issue a zoning certificate within the Bear Creek Campus, the
Zoning Administrator must determine that all development standards are met and the
proposed use of the building and structures are consistent with the Special District
Documents.
Subd. 5 The Rochester Common Council is designated as the Zoning Board of
Appeals and assumes the duties of the Board to hear and decide appeals of any decision
made by the Zoning Administrator In the administration and enforcement of this special
district and to hear request for variances from the literal provision of the special district.
64P.700. RESCINDING APPROVAL.
Subdivision 1. The Rochester Common Council may without liability rescind the
provision of this Special District and return the property to its underlying zoning district
at the time of adoption or to another zoning district. Rescinding this overlay zoning
district shall follow the provision set forth in Section 60.330.
Subd. 2. Section 60.327 of the Rochester Code of Ordinances is amended and
reenacted to read as follows:
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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, 4194, 4208, 4236, 4255, 4264, and 4284 are
recognized as separate zoning districts and the plans and procedures established for
each Special District will continue 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).
Subd. 3.This Ordinance shall become effective on and after the date of its
publication.
Section 3. Ordinance number 3503 is hereby repealed.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF , 2018.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS DAY OF , 2018.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord15/64P
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