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HomeMy WebLinkAboutResolution No. 515-06 RESOLUTION • 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 • 1 • listed geologic hazards. 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 • 2 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; 3 • 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; 4 • 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 • - 5 -