HomeMy WebLinkAboutResolution No. 515-06 RESOLUTION
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WHEREAS, Zumbro Valley Mental Health Center applied for a Type III, Phase II,
Restricted Development Permit #06-26 to establish a residential facility on property legally
described as Lot 2, Block 2, Woodlake Park Second Subdivision. This facility is proposed to
serve two different treatment programs: Connections and Referral Unit and Intensive
Residential Treatment Services; and,
WHEREAS, since a treatment facility is not a permitted use in the M-1 (Mixed
Commercial-Industrial) Zoning District, the Applicant has proposed the development by way of
the restricted development provisions using the B-4 (General Commercial) Zoning District as the
underlying district; 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 is being processed as an amendment to a Restricted
Development Final Plan following the Type III, Phase II procedure with a hearing before the
Planning Commission and a hearing before the Council; 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) Final Development Plan Criteria:
a) Public Facility Design: It appears that services can be extended to
serve this property. Prior to public water main construction, the
water main must be sized properly based on the fire protection
requirements of the building, final water main construction with
profiles must be prepared by a civil engineer, approved by RPU
Water Division and conform to standard City of Rochester
requirements and the owner shall enter into a City-Owner Contract
with the City of Rochester for the installation of the public water
main. Dedication of a drainage and utility easement is required for
the entire pond area up to the 100 year flood elevation and any
public utility easement required by RPU Water Division.
b) Geologic Hazards: This site is not known to contain any of the
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c) Access Effect: The property will have access from a local
roadway serving commercial-industrial uses which is intended to
carry high volumes of traffic. The Final Plan will need to be revised
relocating the access on the site plan to line up across from 35cn
Street S.E., or moved to line up with the next parking lot drive isle
south of the currently proposed access location. The Access and
Cross Parking Agreement between Zumbro Valley Mental Health
Center and the Rochester Town Offices must be executed and
recorded prior to issuance of any development permits.
d) Pedestrian Circulation: Pedestrian facilities are required along
the Owner's entire frontage of Wood Lake Drive S.E., concurrent
with development of the property.
e) Foundation and Site Plantings: According to the zoning standards
applicable within the B-4 zoning district, which is being used to
evaluate this proposal, a minimum of 10% of the area must be
landscaped. The submitted plan exceeds the landscaping
requirements, providing 75%.
• f) Site Status: The entire property is under the ownership of Zumbro
Valley Mental Health Center. All maintenance of the buildings and
landscaping is the responsibility of Zumbro Valley Mental Health
Center. The proposed use is compatible with the existing land uses
in the area. A Grading and Drainage Plan approval is required prior
to development, as well as payment of the applicable storm water
management conveyance portion (52%) of the SWMPAC.
g) Screening and Bufferyards: Applying the standards of the B-4
zoning district, screening and bufferyards are not required. However,
a landscaping plan is provided identifying plantings on the property.
According to the plans, the perimeter of the building appears to be
aesthetically landscaped.
h) Final Building Design: The final building design is consistent
with the principles identified in the development plan relative to
height impact, setbacks and internal site design:
i) Internal Circulation Areas: A typical medical facility requires
five parking spaces per five medical professional. An additional 12
spaces are required and can be obtained through the Access and
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Cross Parking Easement Agreement between Zumbro Valley Mental
• Health Center and Rochester Town Offices. The applicant shall
execute and record the Access and Cross Parking Easement
Agreement prior to issuing any development permits.
j) Ordinance Requirements: The Access and Parking
Easement Agreement between Zumbro Valley Mental Health Center
and Rochester Town Offices shall be executed and recorded prior to
issuing any development permits. With that exception, the proposed
development is consistent with the requirements of the underlying
zoning district for similar uses in regard to other appearance controls,
and with general standards such as traffic visibility and emergency
access; and,
WHEREAS, the Planning Department also reviewed the application using the provisions
of R.C.O. §61.146. Section 61.146 states that a development permit authorizing a conditional
use must be approved unless one or more of the eight stated findings can be made with respect
to the proposed development. The Planning Department concluded none of the eight findings
could be made as to this proposed development; and,
WHEREAS, the Planning Department recommended approval of the proposed
amendment to the Final Plan subject to the satisfaction of the following conditions:
• 1. A revised site plan must be submitted to the Planning Department prior to
Council action:
A. Dedicating a drainage and utility easement for the entire pond area
up to the 100-year flood elevation;
B. Relocating the northerly access on the site plan to line up across
from 35th Street S.E., or move to line up with the next parking lot
drive isle south of the currently proposed access location; and
C. Dedicating required public utility easement for Lot 2, Block 2, Wood
Lake Park Second Subdivision, as requested by RPU Water
Division.
2. Grading and Drainage Plan approval is required prior to development of
the property, as well as, payment of the applicable -Storm Water
Management Conveyance portion (52%) of the SWMPAC;
3. Pedestrian Facilities are required along the Owner's entire frontage of
Wood Lake Drive SE, concurrent with development of the property;
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• 4. The owner is required to enter into a City-Owner Contract with the City of
Rochester for the installation of the public water main;
5. The Access and Cross Parking Agreement between Zumbro Valley
Mental Health Center and the Rochester Town Offices must be executed
and recorded prior to issuance of any development permits;
6. Prior to public water main construction the water main must beA sized
properly based on the fire protection requirements of the building and final
water main construction plans with profiles must be prepared by a civil
engineer, approved by RPU-Water Division and conform to standard City
of Rochester requirements;
7. Any proposed signage shall meet the Standards for Light Industrial uses
in the B-4 Zoning District; and
WHEREAS, on September 27, 2006, the Rochester Planning and Zoning Commission
held a public-hearing on this restricted development preliminary plan, reviewed the application
according to the requirements of Sections 61.146 and 62.708, adopted findings of fact that the
proposal would satisfy the applicable statutory requirements if the recommended conditions of
approval were applied, and recommended approval of the application; and,
Westricted
WHEREAS, on October 2, 2006, the Common Council held a public hearing on the
development permit request and permitted all interested persons to be heard; and,
WHEREAS, at the October 2"d public hearing, the Council considered the evidence and
testimony submitted, as well as the material contained in the meeting agenda; and,
WHEREAS, based upon a preponderance of the evidence submitted at the October 2"d
public hearing, the Common Council adopts as its own the Planning Commission's
recommended findings of fact; and,
WHEREAS, based upon a preponderance : and substantial weight of the evidence
submitted at the October 2"d public hearing, the Common Council determines that the Applicant
satisfied the criteria of Sections 61.146 and 62.708 subject to the seven conditions
recommended by the Planning Commission, except that condition #1 is amended to read as
follows:
1. A revised site plan must be submitted to the Planning Department:
A. Dedicating a drainage and utility easement for the entire pond area
up to the 100-year flood elevation;
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• B. Dedicating required public utility easement for Lot 2, Block 2, Wood
Lake Park Second Subdivision, as requested by RPU Water
Division.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the Type III, Phase II, Restricted Development Permit #06-26, requested by
Zumbro Valley Mental Health Center is in all things approved subject to the above seven
conditions as amended.
BE IT FURTHER RESOLVED that the Council waives the final plan review of this
development pursuant to Section 60.532 (6).
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS n oAy, OF VC.�D�fiL_ , 2006.
J
ESIDENT OF*8A-115 COMMON COUNCIL
ATTEST: CD'2_a CvY1�s
D'CP , CITY CLERK/
• APPROVED THIS �_ DAY OF 2006.
MAYOR OF SAID CITY
(Seal of the City`of
Rochester, Minnesota)
Zone05\RestbeVPerm it.0626
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