HomeMy WebLinkAboutResolution No. 077-06 1 7
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• RESOLUTION
WHEREAS, The Gardens, LLC, applied for a Restricted Development Final Plan #99-21
and #00-20 known as The Gardens by The Gardens LLC to amend the approved plans to allow
for the modifications to R-2 setback standards and dwelling widths. This request occurs as the
owner desires to convert the manufactured home park to a common interest community. If this
application is approved, it would allow for individual lots to be sold. The property is located along
the south side of 40th Street S.E., along the east side of St. Bridget Road S.E., and along the
north side of 45th Street S.E.; and,
WHEREAS, a Restricted Development preliminary plan for the manufactured home
park was approved by the Council on August 16, 1999, for the entire Park. In 1999, a Final
Plan was also approved for Phase I in the central portion of the Park. In 2000, a Final Plan
was approved for Phase II in the east central portion of the development; and,
WHEREAS, with this petition, the applicant is proposing to amend the approved
Restricted Development Permit preliminary plan and the approved final plans to accommodate
future subdivision of the central, developed portion of the Park, while retaining building
separation and setback standards that applied to the Park so as not to create non-conformities
in the R-2 zoning district. The petition also proposes to eliminate plans for expanding the Park
beyond the limits of what is constructed. The southern 1/3 of the property is proposed for
single family development in the R-2 district, in accordance with the standards of the
• Rochester Zoning Ordinance and Land Development Manual (LDM). The northern 1/3 of the
site is proposed for development in the R-3 and M-1 District, according to the General
Development Plan, Land Use Plan Amendment and Zoning District Amendment petitions
under consideration for this property; 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, Planning Department staff evaluated this application as a final development
plan and, in so doing, applied the criteria found at R.C.O. § 62.708 (Criteria for Type III
Developments); and,
WHEREAS, the Planning Department applied the criteria found at Section 62.708 to this
application and prepared the following findings of fact:
2) Final Development Plan Criteria:
a) Public Facility Design: Modifications to the water system will be
necessary to meet the requirements of RPU - Water.
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b) Geologic Hazard: Wetlands do not exist in this portion of the
development.
c) Access Effect: Access already exists. As noted in the report
for GDP #261/The Gardens, additional pedestrian and vehicular
connections will be required when the adjacent areas are
developed.
d) Pedestrian Circulation: Roadways in the development are
constructed and will remain private.. Pedestrian facilities are in
place along most of the perimeter of the development and
additional facilities will be constructed in the future.
e) Foundation and Site Planting: Foundation landscaping is not
required for a single family detached development in the City.
f) Site Status: The entire development will be private except the
public parkland within the development. The developer or future
homeowners association will be responsible for any maintenance
and ownership for the development except for the public park.
• g) Screening and Bufferyards: Though not required as part of a
single family subdivision in the R-2 district, the applicant has
identified a bufferyard along the north and west property lines,
adjacent to an area proposed at this time to retain M-1 zoning.
h) Final Building Design: This application proposes provisions to
allow more flexible building setbacks, and orientation than would be
permitted for single family detached homes in the R-2 district, for
the developed portion of the property.
i) Internal Circulation Areas: Off-street parking requirements
for this development are met with the current design of the
development. Vehicular and pedestrian connections to adjacent
property and adjacent portions of The Gardens development is
being recommended with the accompanying GDP #261 for The
Gardens.
j) Ordinance Requirements: This application proposes
provisions to allow more flexible building setbacks, and orientation,
than would be permitted for single family detached homes in the R-
2 district, for the developed portion of the property and to allow for
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dwelling less than 20' in width; and,
WHEREAS, on September 14, 2005, the Rochester Planning and Zoning Commission
held a public hearing on this restricted development preliminary plan, 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 to the
following conditions:
1. Prior to filing applications to subdivide, the applicant shall verify that all
building code requirements will be met and that subdivision of the property
will not create non-conformities with regard to the Building Code.
2. All roadways less than 28 feet wide must be posted "No Parking — Fire
Lane" on both sides of the street with signs located in accordance with
Public Works Department specifications.
3. Clarify that within the developed portion of this site, the minimum percent
of landscape area that must be retained per lot, shall be 45% consistent
with the standards for single family detached dwellings in the R-2 (Low
Density Residential) district.
4. Approval is contingent upon approval of GDP #261, Land Use Plan
Amendment #05-06, Zoning District Amendment #05-12, and Conversion
of the Park to a Single Family Common Interest Community Subdivision.
5. Except for setback variations and building orientation as specified in this
application, and specifically as identified on the revised site plan dated
received September 28, 2005, all standards of the R-2 district shall be met
for future home placement/development.
6. Requirements for water system modifications must be complied with, as
outlined in the September 1, 2005 memorandum from RPU-Water.
7. Roadway names must be modified as specified in the September 1, 2005
memorandum from the Planning Department GIS/Addressing staff.
WHEREAS, the Common Council held a public hearing on the restricted development
preliminary plan request on February 6, 2006, and permitted all interested persons to-be heard;
_and,
WHEREAS, at the February 6th public hearing, the Council considered the evidence and
testimony submitted as well as the material contained in the meeting agenda; and,
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WHEREAS, based upon a preponderance and substantial weight of>the evidence
submitted at the February 6th public hearing, the Common Council determines that the Applicant
satisfied the criteria of Section 62.708 if the above seven conditions of approval were satisfied.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the Restricted Development Final Plan #99-21 and #00-20 known as The
Gardens by The Gardens LLC, requested by The Gardens LLC, is in all things approved subject
to the above seven conditions.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS l0 D Y OF , 2006.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
C CLERK
APPROVED THIS 2 DAY OF , 2006.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone05\,RestDevFina1.9921
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