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Home My WebLink AboutResolution No. 185-13F_ -I L RESOLUTION WHEREAS, Silver Lake Motorcoach Resort, LLC, applied for a Type III, Phase II, Restricted Development Conditional Use Permit #R2013-004CUP to permit the development of the property with a senior housing development consisting of a multi -story assisted living and memory care facility. The building consists of 70 assisted living units and 18 memory care units. The property is located north of the South Fork of the Zumbro River, west of North Broadway and Wendy's, and south of the Northbrook Shopping Center; and, WHEREAS, since the property is zoned B-4 (General Commercial) and congregate housing is not a permitted use in the B-4 zoning district, the Applicant has proposed the development by way of the restricted development provisions; and, WHEREAS, R.C.O. §62.700 recognizes that certain land uses which are generally not allowed within a given zoning district can, if regulated, "serve both the public interest and allow a more equitable balancing of private interests than that achieved by strict adherence to standard zoning regulations;" and, WHEREAS, this application requires a two-step review process consisting of a preliminary plan and a final plan. The preliminary plan phase follows the Type III, Phase II Procedure with a hearing before the Planning Commission and a hearing before the Council. he Applicant is requesting the waiver of the final plan review; and, WHEREAS, R.C.O. § 62.708 (Criteria for Type III Developments) provides the relevant criteria for the review of this application; and, WHEREAS, the Planning Department applied the criteria found at Section 62.708 to this application and prepared the following findings of fact: 1) Preliminary Development Plan Criteria: a) Capacity of Public Facilities: Utilities are available to serve the development. The applicant will need to obtain utility construction plans that conform to the City of Rochester requirements. b) Geologic Hazards: The site is adjacent to the Zumbro River but most of the site is outside of the 100 year floodplain. The buildings and access drives are not located within the floodplain. c) Natural Features: The site is adjacent to the Zumbro River but most of the site is outside of the 100 year floodplain. The buildings and access drives are not located within the floodplain. However, 0 • the north access drive is adjacent to the 100 year floodplain on the Northbrook Shopping Center parking lot. The Base Flood Elevation is 978.2' MSL and the Flood Protection Elevation for this area is 979.2' MSL. d) Residential Traffic Impact: Not applicable as the development is located in a commercial area. e) Traffic Generation Impact: The proposal will be compatible with the commercial nature of the area and with the capacity of the road system. f) Height Impacts: This project proposes 4 floors with a building height of approximately 59.75 feet for the peak and 50.9 feet for the midpoint of the roof of the building. The building is 4 stories along the river while only a single story on the easterly end of the site. The site plan indicates that the residential building will be elevated approximately 4 feet above the trail elevation. The location of the structure will affect the public trail during the early morning but will not impede access to sunlight for residential buildings in the surrounding area. • g) Setbacks: This building setback would exceed the minimum setback requirements for a congregate housing facility within the R- 3 zoning district. The setbacks do exceed the requirements of the underlying zoning district. is h) Internal Site Design: This project is limited by the shape and orientation of the existing property. The site provides for a private driveway and existing parking .lot for access. Access by these facilities is to North Broadway. An access easement will be necessary for the service drive to the memory care portion of the building. i) Screening and Bufferingh landscape albs providingan shows ha planting of canopy andundersto rY trees buffer for the congregate housing building. D Ordinance Requirements: Based on the intended clients of the building, the applicant feels that adequate parking is being provided for the use. As the building is designed for providing assisted living for seniors, most will likely not have vehicles plus the development is within walking distance to the bus stop located 2 • along North Broadway. k) General Compatibility: The property is located adjacent to a city park — trail — and the Zumbro River. The building is set back from North Broadway a considerable distance to minimize impact of noise. Within the area, there are other high density residential developments adjacent to commercial development. t) Non -Vehicular and Alternate Modes of Travel: The applicant proposes a sidewalk along Silver Lake Place NW and sidewalk access from the building entrance to the city trail west of the property. The site plan indicates that there will be bike racks outside of the building and the location is in close proximity to an existing bus shelter on North Broadway. The location of the property affords access to the city bus system and city trail system. 2) Final Development Plan Criteria: a) Public Facility Design: Revisions to the proposed water system layout are required. The applicant will need to obtain utility construction plans that conform to the City of Rochester • requirements. b) Geologic Hazard: The site is adjacent to the Zumbro River but most of the site is outside of the 100 year floodplain. The buildings and access drives are not located within the floodplain. • c) Access Effect: Adequate atearoa'on is dwaylto provided Northfrom Broadway rki At ng lot entrance along private some time in the future, the intersection of the private roadway and North Broadway may be realigned. The building is set back from North Broadway a considerable distance to minimize impact of noise. d) Pedestrian Circulation: Pedestrians will be able to move safety within the site as trail connections are provided to the existing City path along the Zumbro River and a sidewalk will be installed along the west side of the private roadway that will provide a direct link from the building main entrance to the sidewalk along North Broadway. e) Foundation and Site throughout Plantings: .the sAeundant amount of The site provides landscaping is providing 9ho 3 • more landscaping than what is found around most of the commercial uses in the area. f) Site Status: The site is controlled by one developer and since this is a restricted development a condition of approval is that the applicant must not deviate from the appearance of the building design, exterior facade and landscaping as originally presented to the Council without the Council's prior approval. g) Screening and Bufferyards: Abundant amount of landscaping is provided throughout the site. The site provides more landscaping than what is found around most of the commercial uses in the area. h) Final Building Design: Since this is a restricted development a condition of approval is that the applicant must not deviate from the appearance of the building design, exterior facade and landscaping as originally presented to the Council without the Council's prior approval. The exterior of the proposed building will include fiber cement board lap siding, composite board and batten or shake style siding and stone veneer. • i) Internal Circulation Areas: Plans for off-street parking and loading areas• and circulation aisles meet the requirements of the i Ordinance in terms of design. j) Ordinance Requirements: The development is consistent with the regulations for a congregate housing development located within the R-3 zoning district but since the property is zoned B-4 the proposal is being review through the incentive development provisions of the Ordinance. Since this development is being proposed through the restricted development process, public review occurs before the planning commission and city council; k) ' Non -Vehicular and Alternate Modes of Travel: The applicant proposes a sidewalk along Silver Lake Place NW and sidewalk access from the building entrance to the city trail west of the property. The site plan indicates that there will be bike racks outside of the building and the location is in close proximity to an existing bus shelter on North Broadway. The location of the property affords access to the city bus system and city trail system; and, WHEREAS, on March 27, 2013, the Rochester Planning and Zoning Commission held a public hearing on this restricted development conditional use permit, reviewed the application • • according to the requirements of Section 62.708, adopted the Planning Department's recommended findings of fact and recommended approval of the application subject tot e following conditions: 1. Grading & Drainage Plan approval is required, as well as, payment of any applicable Storm Water Management Plan Area Charge (SWMPAC) for any increase in impervious surface. 2. The owner shall execute an Ownership and Maintenance Declaration Agreement for the proposed on -site water quality/rate control facilities within the development. 3. There is no record of Sewer Availability and Water Availability charges (SAC and WAC) being previously paid for this property. Payment of the following obligations is due concurrent with development, or at the City's discretion, within 30 days after invoicing: A. Sewer Availability Charge (SAC) @ $2,463.30 x 3.04 acres = $7,488.44 B. Water Availability Charge (WAC) @ $2,463.30 x 3.04 acres = • $7,488.44 4. The owner is r quired to enter into a City Owner Contract and dedicate any applicable utility easements if the extension of public watermain and/or addition f fire hydrant(s) are required for the development. 5. A "Wall Hydrant" may be necessary on the river side of the assisted living facility due to the distances noted which may inhibit fire operations. 6. A revocable permit agreement must be in place for the proposed water main north of the building to allow for the monument sign and the landscaping sh wn within the required 20' public utility easement. 7 F • The applicant will need to complete the access agreement by obtaining signatures and recording the access agreement. The Council's actions in approving this development occur in response to the applicant's or its representative's oral and written representations as to the appearance of the building design, exterior facade and landscaping. As such, the applicant must not deviate from the appearance of the building design, exten r facade and landscaping as originally presented to the Council withoul the Council's prior approval. 5 i • WHEREAS, the Com preliminary plan request on and, • Council held a public hearing on the restricted development 15, 2013, and permitted all interested persons to be heard; WHEREAS, at the April 15th public hearing, the Council considered the evidence and testimony submitted, as well as the material contained in the meeting agenda; and, WHEREAS, based upoi a preponderance of the evidence submitted at the April 15th public hearing, the Common C uncil adopts as its own the Planning and Zoning Commission's recommended findings of fact and conditions of approval; and, WHEREAS, based up n a preponderance and substantial weight of the evidence submitted at the April 15th pu lic hearing, the Common Council determines that the Applicant has satisfied the criteria of Section 62.708 if the above eight conditions are completed. NOW, THEREFORE, 13E IT RESOLVED by the Common Council of the City of Rochester that the Type III, P ase II, Restricted Development Conditional Use Permit #R2013- 004CUP, requested by Silver Lake Motorcoach Resort, LLC, is in all things approved subject to the above eight conditions. BE iT FURTHER RES PASSED AND ADO ROCHESTER, MINNESOTA, ATTEST: APPROVED (Seal of the City of Rochester, Minnesota) Zone10\RestDevC U P. PreFinall 304 VED that the Council waives the final plan review. CLERK BY THE COMMON COUNCIL OF THE CITY OF IS /,�-A DAY OF 140, 2013. ACTING PRE IDENT OF SAID COMMOMCUNCIL IS DAY OF , 2013. 0 MAYOR OF SAID CITY