HomeMy WebLinkAboutResolution No. 559-13RESOLUTION
WHEREAS, Cy's Place applied for a Restricted Development Preliminary Plan #R2013-
024CUP. The Applicant proposes to construct a hospitality house for immune compromised
children and their families to stay. The first phase would consist of 20 guest rooms with the
potential of adding 30 rooms in the future. The building would also contain common area for
such uses as craft rooms, playrooms, common kitchen and eating area, offices, conference
room and meditation room. The property is located along the west side of Ashland Drive N.W.,
and south of Arctic Fox Road N.W., and consists of approximately nine acres; and,
WHEREAS, the property is described as follows:
Lot 3, Block 6 Fox Trails; and,
WHEREAS, since the property is zoned R-2 and a Semi -Transient use is not permitted
within a R-2 zoning district, the Applicant is proposing the development through tfie restricted
development process; 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, R.C.O. §62.700 further states that the ordinances providing for restricted
developments encourage innovation and experimentation in the development of land that would
otherwise not be possible under the established zoning district regulations; and,
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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.
The final plan phase is a Type III, Phase III procedure with a hearing before the City Council;
and,
WHEREAS, R.C.O. §62.706 states the Council must approve a restricted development
preliminary plan if it finds the development satisfies the criteria listed in R.C.O. §62.708, subd. 2
or a modification for any unmet criteria has been granted as provided in R.C.O. §62.712; and,
WHEREAS, R.C.O. §62.712 states the Council may waive the need to satisfy certain
approval criteria if it finds:
1. The applicant has demonstrated that the plan as submitted adequately
compensates for failing to address the criterion in question; and,
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2. The strict application of any provision would result in exceptional practical
difficulties to, or exceptional and undue hardship upon, the owner of such
property, provided the modification may be granted without substantial
detriment to the public good and without substantially impairing the
purposes of this ordinance or the policies of the Land Use Plan; and,
WHEREAS, R.C.O. §62.708 (Criteria for Type III Developments), subd. 2 provides the
relevant criteria for the review of this application; and,
WHEREAS, the Planning Department applied the criteria found at R.C.O. §62:708, subd.
2 (Preliminary Type III Development Plan) to this application and prepared the following findings
of fact:
A. Capacity of Public Facilities: City sewer and water, and other
utilities are available to serve the site. Final water main
construction plans with profiles will need to be prepared by a' Civil
engineer and approved by RPU and conform to standard City of "
Rochester requirements.
B. Geologic Hazards: There are no` known geologic hazards on the
property. The slope ranges from 3 percent to over a 50 percent
• slope and is controlled and stabilized by grassland and a mature
tree cover. The site has a low to moderate sinkhole probability and
there are no hydric or floodplain soils.
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C. Natural Features: There are no known unique natural features at
the site. There is approximately 60 feet in elevation change from
the north end to the south end of the site. The building is set ahead
of the area with the steepest slope and the existing tree vegetation
is not being touched. The parking lot is proposed to be on some of
the flattest area of the lot and there is a huge open area that will
not be disturbed as part of the project.
D. Residential Traffic Impact: Access to the site is via Ashland Drive
NW which is currently the main entrance into the Fox Trails
Developments. The traffic projected to be generated from the
development should not cause the traffic volumes to exceed
capacities on local residential streets. The proposed use should
not generate frequent truck traffic on the local residential street.
The use will not create any additional traffic during the evening and
nighttime hours on the local residential streets that what not
normally occur if the property was developed with townhomes or
Single Family Dwellings.
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• E. Traffic Generation Impact: The anticipated traffic will not
substantially increase the capacity of the adjacent roadways.
F. Height Impacts: The proposed building at forty feet is similar to
the scale and proportion to the adjacent residential houses and
townhomes at a maximum height of thirty five feet within the R-2
(Low Density Residential) Zoning District. The portion of the
building facing the existing single family dwellings to the north will
appear as a 2-story structure while the portion of the building facing
the undeveloped land to the south will appear as a 3-story
structure. With the 60 feet elevation change from north to south,
the proposed location of the building nestled near the steep slope
and forested area, and the closest proposed setback to a property
line at 80 feet, the proposed project will not block sunlight from
reaching adjacent properties.
G. Setbacks: The proposed building exceeds the setbacks
requirements for any of the uses listed in the R-2 zoning district.
H. Internal Site Design: The site layout provides adequate
building separation and orientation to the existing single family
• dwellings and townhomes located in the area. The design of the
site allows for the proposed structure to appear as a 2-story
building on its north elevation facing the single family dwellings,
and a 3-story building to the south facing the undeveloped
commercial land. The access to Ashland Drive NW will align with
the parking lot drive aisle and drop off area to the main entrance of
the building. I
Screening and Buffering: The existing landscaping
provides abundant landscaping throughout the property, however,
using the bufferyard indicator for a non-residential use in the R-2
Zoning District* (Indicator IV), a bufferyard meeting the "S1"
bufferyard standard along the east right-of-way boulevard area of
Ashland Drive NW is fequired.
J. Ordinance Requirements: There are 13 more parking
spaces then required to meet the standard parking requirement for
semi -transient uses. The proposed development does not indicate
the total landscape area, however, it appears to be more than half
the site (50%), which would be more than most residential uses in
the R-2 Zoning District.
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K. General Compatibility: The character of the surrounding
neighborhood should not be affected by this proposed use. The
appearance of the building is of similar height as the surrounding
uses. The density is of a similar density than that of the proposed
townhom_ a development but would have more green space. The
building placement blends in with the natural features of the site the
way that it incorporates the 60 foot elevation change and natural
land cover.
L. Non -Vehicular and Alternate Modes of Travel: The proposed
development at this point does not detail how they intend to
incorporate pedestrian oriented space, pedestrian access to the
building entrances, or non -vehicular and alternate modes of travel,
however, it is mentioned that there will be walking trails on site and
a continuous public sidewalk connecting the neighborhood; and,
WHEREAS, the Planning Department's October 2, 2013, staff report states that, if the
City supports the application, Planning Department staff would recommend the following
conditions of approval be imposed:
1. The Final Plan shall include:
• A. A Site Plan showingthe trails on site and how the project will
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accomplish a pedestrian connection to the public sidewalk from the
front entrance as well as for alternate modes of transportation,
such as bicycles.
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B. Building Elevations from each dir2ctional elevation showing the
height and architectural features of the building.
C. A Landscape Plan showing the landscape area and percentage of
landscaping designated for the site.
D. A Tree Planting Plan showing 16 trees along Ashland Drive NW
and must be approved by the City Forrester.
2. The water main shall be looped from the residential development through
this property to Ashland Dr. NW and must be completed with the
development of this property to provide adequate water quality for both
the existing development and this development. The water main loop and
any main connecting to and including fire hydrants are considered public .
and need to be within a 20' minimum public utility easement.
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• 3. Any unused stub -out within Ashland Dr. NW must be disconnected at the
main in the street and the tee plugged per the requirements of RPU.
4. Final water main construction plans with profiles must be prepared by a
civil engineer, approved by RPU, and conform to standard City of
Rochester requirements.
5. Grading & Drainage Plan approval is required, as well as, execution of a
City prepared Maintenance Agreement for any required on -site private
storm water quality, rate or volume control facilities.
6. Construction of Pedestrian Facilities (concrete sidewalk), is required along
the entire public road frontage of the Property, concurrent with
development.
7. Execution of a City -Owner Contract and dedication of applicable utility
easement(s) is required prior to construction of any new public
infrastructure to serve this proposed development; and,
WHEREAS, on October 9, 2013, the Rochester Planning and Zoning Commission held a
public hearing on this restricted development preliminary plan and reviewed the application
according to the requirements of R.C.O. §62.708. At its October 9th meeting, the Commission
0 recommended approval based upon Planning Department staffs recommended findings of fact
subject to six of the seven conditions of approval (conditions #2 — #7); and,
WHEREAS, on November 4, 2013, the Common Council held a public hearing on the
restricted development preliminary plan request and permitted all interested persons to be
heard; and,
WHEREAS, at the November 4th public hearing, the bpplicant's representative and the
Planning Department staff recommended the addition of the following condition to be identified
as condition #8:
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8. There should be a dedication of a 30-foot wide easement for a future trail
connecting Outlot A of Fox Trails Third to Ashland Drive N.W. The
applicant shall construct a ten -foot wide bituminous trail within the
designated easement; and, ,
WHEREAS, based upon a preponderance of the evidence submitted at the November 4th
public hearing, the Common Council adopts as its own the Planning Commission's
(recommended findings of fact and the seven conditions of approval as described above
,(conditions #2 - #8); and,
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WHEREAS, based upon a preponderance and substantial weight bf the evidence
submitted at the November 4th public hearing, the Common Council determines that the
Applicant satisfied the criteria of R.C.O. §62.708 subject to the seven conditions of approval
stated herein (conditions #2 — #8).
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the Restricted Development #R2013-024CUP requested by Cy's Place is in all
things approved subject to the seven conditions as described above (conditions #2 — #8).
BE IT FURTHER RESOLVED that the Council waive the Final Plan review phase of this
application.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 42% DAY OF , 2013.
PRESIDENT O SAID COMMON COUNCIL
ATTEST:
CLERK
APPROVED THIS c5 DAY OF 2013.
MAYOR OF SAID CITY +
(Seal of the City of
Rochester, Minnesota)
Zone10\RestDevPre.1324
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