HomeMy WebLinkAboutResolution No. 332-12 t
RESOLUTION
WHEREAS, Olmsted County applied for a Restricted Development Final Plan #R2012-
006CUP. The Applicant proposes to develop a regional public safety training center. The
training center would consist of the following uses: K9 training area; a 43-foot, 6-inch high fire
training tower and outdoor fire training activities; a paved driving range; and an outdoor weapons
training range. The property is located east of St. Bridget Road S.E., and is located on the
property housing the Olmsted County Maintenance Shops at 1188 50th Street S.W., and,
WHEREAS, the property is approximately 84 acres of land located east of St. Bridget
Road SE and the Forest Knoll Subdivision, and south of 45th Street SE (County Road 101),
and is legally described as follows:
The part of the North Half of Section 36 described as follows: Commencing at
the Northeast corner thence southwest 810 feet for the point of beginning thence
South 480.42 feet thence Southwest 1090 feet thence Southeast 470 feet
thence Southwest 500 feet thence north 64.40 feet thence West to the East line
of the Northwest Quarter of the Northwest Quarter thence North to the Northwest
Corner of the Northeast Quarter of the Northwest Quarter thence East 1310.71
feet thence Northeast 1811.94 feet to the point of beginning.
Section 36, Township 106, Range 14
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The part of the South Half of the Southeast Quarter of Section 25 described as
follows: Commencing at the Southeast corner of the Southeast Quarter thence
South 89 degree 40' 56" West 200 feet for the point of beginning thence North
00 degrees 20' 43" West 200 feet thence North 89 degrees 40'56" East 200 feet
to the East line of the Southeast Quarter thence North 00 degrees 20' 43" West
along East line 460 feet thence South 89 degrees 40' 56" West 1650 feet thence
South 00 degrees 19' 04" East 660 feet to the South line of said Southeast
Quarter thence North 89 degrees 40' 56" East along South line 1450.32 feet to
the point of beginning.
Section 25, Township 106, Range 14; and,
WHEREAS, since the property is zoned R-1 (Mixed Single Family) and the proposed
uses fall under Area Accessory Development but doesn't truly fit the uses listed under Area
Accessory uses, the Applicant is proposing the development through the 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
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Wore 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,
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
final plan if it finds the development satisfies the criteria listed in R.C.O. §62.708, subd. 3 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,
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. 3 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.
3 (Final Type III Development Plan) to this application and prepared the following findings of fact:
A. Public Facility Design: RPU will work with the applicant's
engineer to determine the proper water main layout, sizing and
metering to adequately serve the facility. The City will be
constructing a water tower on the property in the future and the
minimum size of parcel that the City needs is 156 feet by 156 feet.
Dedication of a deed for the final agreed upon tower site and full
access will be needed.
B. Geologic Hazards: A wetland delineation has been carried out for
the property and is on file with the Planning Department. The site
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is within the shoreland area of public waters and will need to meet
• requirements for stormwater runoff and related shoreland
regulations.
C. Access Effect: Access to the site is by way of St. Bridget
Road (CSAH 20) which is designated as a Major Regional Arterial
on the Rochester-Olmsted Council of Governments (ROCOG)
Thoroughfare Plan. The access roadway serving the property is
identified as 50th Street SE which only serves the Olmsted County
Public Works Service Center and the entrance gate is
approximately a quarter mile from St. Bridget Road.
D. Pedestrian Circulation: The development is a regional training
center which will not be open to the public so the use is not
conducive to pedestrian circulation.
E. Foundation and Site Plantings: The existing topography is taken
into consideration as the majority of the training center is to be
located at the bottom of the quarry which will be buffered by the
existing quarry walls and additional berming to be done.
F. Site Status: The entire property is under the ownership of Olmsted
• County and there is a development agreement executed for the
property which includes the owners' obligations for the property.
G. Screening and Bufferyards: The existing topography is taken
into consideration as the majority of the training center is to be
located at the bottom of the quarry which will be buffered by the
existing quarry walls. The burn tower is setback over 250 feet from
the nearest property line so the tower will not likely have any effect
on the adjacent properties.
H. Final Building Design: The building design/plans have not
changed from the preliminary plan. The burn tower is setback over
250 feet from the nearest property line so the tower will not likely
have any effect on the adjacent properties.
I. Internal Circulation Areas: The project manager (Olmsted
County) will determine what the parking needs for the regional
training center are and will provide the parking that is necessary for
the uses. Currently, two parking areas are identified on the plan.
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• J. Ordinance Requirements: The proposed building exceeds
the setback requirements for any of the uses listed in the R-1 zoning
district. The burn tower is setback over 250 feet from the nearest
property line so the tower will not likely have any effect on the
adjacent properties.
K. Non-vehicular and Alternate Travel Modes: The use of the
property as a regional training center doesn't lend itself for non-
vehicular and alternate modes of travel as the center isn't adjacent
to public sidewalks, trails or a public road; and,
WHEREAS, the Planning Department's July 19, 2012, staff report states that, if the City
supports the application, Planning Department staff would recommend the following conditions
of approval be imposed:
1. A Development Agreement has been executed for the property and
development shall be conducted consistent with the terms of the
Agreement.
2. Grading and Drainage Plan approval is required prior to any grading
activity taking place on the property that is related to the proposed
development. Since the site is in the shoreland, grading activities will
. need to meet the requirements for stormwater runoff and related
shoreland regulations.
3. Execution of a City-Owner Contract, or alternatively a contract between
Olmsted County and Contractor that covers the same City warranty and
surety requirements is required prior to the construction of any public
infrastructure associated with development of the property.
4. Development charges are applicable to the property for SAC and WAC.
The timing for when payment is to be applicable will need to be agreed to
between the County and City prior to development. Execution of an
amendment to Development Agreement will be required if any of the
negotiated terms are in conflict with the terms of the existing Development
Agreement.
5. The perimeter fence shall not be located on the future City of Rochester
water tower property.
6. An advisory board monitoring the operations at the site shall be created
with a representative from each of the Olmsted County Sheriff's Office,
the Rochester Police Department, the Rochester Fire Department, the
Rochester Community and Technical College, and at least two residents
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• from the neighborhoods adjacent to the site.
7. The eight-foot high Hasco barriers planned for the shooting range shall be
replaced by 12-foot high Hasco barriers on the west side; and,
8. The operation of the shooting range shall comply with the National Rifle
Association's Range Source Book: A Guide to Planning and Construction
as identified in Minn. Stat. Section 87A.02, subd. 2; and,
WHEREAS, on July 25, 2012, the Rochester Planning and Zoning Commission held a
public hearing on this restricted development final plan, reviewed the application according to
the requirements of R.C.O. §62.708, and recommended approval based upon Planning
Department staffs recommended findings of fact subject to the eight conditions of approval
described above; and,
WHEREAS, on August 6, 2012, the Common Council held a public hearing on the
restricted development final plan request and permitted all interested persons to be heard; and,
WHEREAS, at the August 6t" public hearing, the Council amended condition #6 so that it
reads as follows:
6. An advisory board monitoring the operations at the site shall be created
no later than October 1, 2012, with a representative from each of the
• Olmsted County Sheriff's Office, the Rochester Police Department, the
Rochester Fire Department, the Rochester Community and Technical
College, and at least two residents from the neighborhoods adjacent to
the site; and,
WHEREAS, based upon a preponderance of the evidence submitted at the August 6t"
public hearing, the Common Council adopts as its own the Planning Commission's
recommended findings of fact and eight conditions of approval as described above; and,
WHEREAS, based upon a preponderance and substantial weight of the evidence
submitted at the August 6t" public hearing, the Common Council determines that the Applicant
satisfied the criteria of R.C.O. §62.708 subject to the eight conditions of approval as stated and
amended herein.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the Restricted Development Final Plan #R2012-006CUP requested by Olmsted
County is in all things approved subject to the eight conditions of approval as stated and
amended herein.
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• PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS t/e 7;/ DAY OF lawSC , 2012.
ACTING E!� SI ENT OF SAID
COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS 7m DAY OF f7 l— , 2012.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone 101RestDevFina1.1206
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