HomeMy WebLinkAboutResolution No. 486-09 • RESOLUTION
WHEREAS, Samaritan Bethany requested an amendment to Planned Unit Development
R-16 (Samaritan Bethany) to allow for the construction of two new additions: one consisting of a
three-story addition on the west end and the other a five-story addition above on-grade parking
on the south side of the existing building. The property is located along the north side of
Seventh Street N.W, along the south side of Eighth Street N.W., and along the east side of
Second Avenue N.W.; and,
WHEREAS, the City Planning and Zoning Commission, at its October 14, 2009, meeting
reviewed the proposed amendment in light of the criteria provided by section 61.146 of the
Rochester Code.of Ordinances and made the following findings of fact:
61.146 Standard for Conditional Uses: The zoning administrator,
Commission, or Council shall approve a development permit authorizing a
conditional use unless one or more of the following findings with respect to the
proposed development is made:
1) Provisions for vehicular loading, unloading, parking and for vehicular and
pedestrian circulation on the site and onto adjacent public streets and
ways will create hazards to safety, or will impose a significant burden
upon public facilities.
• The access location on 2"d Avenue NW has moved to the south. Now
the proposed parking lot access from 2"d Avenue NW does not align
with the alley extending westerly from 2"d Avenue NW. The access
location should move northerly so that it aligns with the alley
westerly of 2"d Avenue N.W.
2) The intensity, location, operation, or height of proposed buildings and
structures will be detrimental to other private development in the
neighborhood or will impose undue burdens on the sewers, sanitary and
storm drains, water or similar public facilities.
The proposed addition will not impose undue burdens on the
sewers, sanitary and storm drains, water facilities.
3) The provision for on-site bufferyards and landscaping does not provide
adequate protection to neighboring properties from detrimental features of
the development.
The detailed landscaping and bufferyard plans appear that adequate
protection to the neighboring properties will be provided.
4) The site plan fails to provide for the soil erosion and drainage problems
that may be created by the development.
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• Grading and drainage plan approval is required and a Storm Water
Management Area Charge will be applicable for any increase in
impervious surface associated with this project.
5) The provisions for exterior lighting create undue hazards to motorists
traveling on adjacent public streets or are inadequate for the safety of
occupants or users of the site or such provisions damage the value and
diminish the usability of adjacent properties.
Exterior lighting should not create undue hazards to motorists
traveling in the area since the development will need to comply with
exterior lighting standard "B."
6) The proposed development will create undue fire safety hazards by not
providing adequate access to the site, or to the buildings on the site, for
emergency vehicles.
The proposed development does not appear to create hazards
related to site access for emergency vehicles.
7) In cases where a Phase I plan has been approved, there is a substantial
change in the Phase II site plan from the approved Phase I site plan, such
that the revised plans will not meet the standards provided by this
paragraph.
. The access location on 2"d Avenue NW has moved to the south. Now
the proposed parking lot access from 2"d Avenue NW does not align
with the alley extending westerly from 2"d Avenue NW. The access
location should move northerly so that it aligns with the alley
westerly of 2"d Avenue NW.
8) The proposed conditional use does not comply with all the standards
applying to permitted uses within the underlying zoning district, or with
standards specifically applicable to the type of conditional use under
consideration, or with specific ordinance standards dealing with matters
such as signs which are part of the proposed development, and a
variance to allow such deviation has not been secured by the applicant.
The applicant has previously received variances for the proposed
addition during the preliminary review of the proposal. During this
final review, two additional variances are being requested. With the
granting of the variances, the proposed addition would be consistent
with the R-3 zoning district standards; and,
WHEREAS, the City Planning and Zoning Commission, at its October 14, 2009, meeting
reviewed the proposed amendment in light of the criteria provided by section 62.630(1) of the
Rochester Code of Ordinances and made the following findings of fact:
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62.630 Criteria for Incentive Developments: In determining whether to
approve, deny, or approve with conditions an application, the Commission and
Council shall be guided by the following criteria:
3) Final Development Plan Criteria:
a) Public Facility Design: Samaritan Bethany owns all of the
properties, except for one lot with a single family dwelling, west of
the alley. A nursing home has been located in the area for over 80
years. Over the years Samaritan Bethany has been acquiring
properties for expansion proposes.
b) Geologic Hazard: No known geological hazards are on the
property.
c) Access Effect: The access location on 2nd Avenue NW has moved
to the south. Now the proposed parking lot access from 2nd
Avenue NW does not align with the alley extending westerly from
2nd Avenue NW. The access location should move northerly so
that it aligns with the alley westerly of 2nd Avenue NW.
d) Pedestrian Circulation: Pedestrian circulation is provided
throughout the development. There are sidewalks connecting the
main entries to the existing sidewalks located within the public
right-of-way.
e) Foundation and Site Plantings: The landscaping plan has been
completed which shows the site be heavily landscaped.
f) Site Status: The building plans will be reviewed to ensure that they
are consistent with the plans approved as part of the Final Plan.
When the landscaping is planted it will need to conform to the
landscaping plans approved with the Final Plan.
g) Screening and Bufferyards: A detailed landscape planting plan
has been submitted and the site plantings will need to be
consistent with this plan. It appears the planting will provide
screening and buffering of the development.
h) Final Building Design: The final building design is consistent with
the principles identified in the preliminary plan review. The exterior
materials will consist of metal wall panels ,E.I.F.S., precast
concrete panels, brick and steel siding.
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• i) Internal Circulation Areas: Sixty-six parking spaces are provided
within the development block. Another 44 spaces are proposed on
the block north of the development. A variance has been applied
for the remainder of the required parking spaces required for the
development. All access connections to the public alley and the
public street need to be designed and constructed as standard
approaches. The access location on 2nd Avenue NW has moved to
the south. Now the proposed parking lot access from 2nd Avenue
NW does not align with the alley extending westerly from 2nd
Avenue NW. The access location should move northerly so that it
aligns with the alley westerly of 2nd Avenue NW.
j) Ordinance Requirements: The proposed addition does not
provide adequate amount of off-street parking for a nursing and
personal care facility based on the requirements of the R-3 zoning
district standards. The applicant has requested a variance to the
parking requirements. During the preliminary review of the
development, the applicant received a number of variances to allow
the development.
k) Non-Vehicular and Alternate Travel Modes: Pedestrian
oriented-space is provided for with the proposed sidewalks shown
• on the site plan. The sidewalks within the development lead from
the main entries to the public sidewalks surrounding the
development; and,
WHEREAS, the Commission concluded the proposed amendment to the PUD complied
with the above ordinance requirements and recommended its approval subject to the following
condition:
1. Grading and drainage plan approval is required prior to the
construction of the additions. The property is subject to a Storm
Water Management Plan Area Charge for any increase in
impervious surface. The property is subject to the SAC and WAC
charges listed in the letter dated April 10, 2009 from Rochester
Public Works;
2. The condition of the existing pedestrian facilities along the entire
frontages of the Property will be reviewed by Public Works staff
and any needed panel repair or replacement work shall be
completed by the Owner, at its own expense, concurrent with
construction of the proposed building expansion;
3. The existing water service to the house at 718 2nd Avenue NW
• must be abandoned properly at the main in the street per the
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• requirements of RPU;
4. The proposed access connections to the public alley and the public
streets shall be designed and constructed as standard approaches;
5. The access off of the alley and driveway access to 7th Street NW
shall be designed to function for two way traffic;
6. The two existing access locations to 7th Street NW that will no
longer is utilized after the construction of the project shall be
removed and the boulevards restored with curb, gutter and sod
concurrent with development;
7. Development of the Property is subjected to a Plant Investment
Fee (PIF) that will be calculated and collected through the Building
Permit review and approval process;
8. The release of the temporary easement for a public alley on lot 25
shall be resolved prior to development;
9. The parcels shall be combined into one lot of record prior to
development;
• 10. Lighting, signs, exterior storage and other site features must meet
the requirements for a nursing and personal care facility use in the
R-3 zoning district; and,
11. Prior to issuance of the building permit, RPU shall approve the water
service connections to ensure that there is adequate capacity for the
buildings; and,
WHEREAS, the Common Council, at its November 2, 2009, meeting, considered the
matter. At that meeting, the Planning and Zoning Department staff recommended the deletion of
condition #8; and,
WHEREAS, the Council concurred with and adopted the Commission's findings and
recommendation, and adopted the Commission's recommended conditions as its own except for
condition #8.
NOW, THEREFORE, BE IT RESOLVED by Common Council of the City of Rochester
that applicant's proposed amendment to Planned Unit Development R-16 (Samaritan Bethany)
to allow for the construction of two new additions for the property located along the north side of
Seventh Street N.W, along the south side of Eighth Street N.W., and along the east side of
Second Avenue N.W., is in all things approved subject to the above ten conditions (conditions 1-
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS Zr--�J DAY OF 1J -- , 2009.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
ITY CLERK
APPROVED THIS 31b,( DAY OF � — , 2009.
MAYOR OF SAID CITY
(Sea[ of the City of
Rochester, Minnesota)
ZoneMPUD.amendRlft
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