HomeMy WebLinkAboutResolution No. 528-06 1A
• RESOLUTION
WHEREAS, GP Development applied for a Type III, Phase II Restricted Development
Preliminary Plan #06-27 to provide for a private park for the residents of the Fieldstone
Development. The private park would consist of a pavilion for small gatherings, play equipment
(swing set, merry-go-round, tractor tire sandbox and bouncy spring animals), sidewalks and
landscaping. The property is located west of Odyssey Drive S.W., south of Weston•Place S.W.;
and,
WHEREAS, since a private park is not a permitted use in this zoning district, the Applicant
has proposed the development by way of the restricted development provisions; 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 requires a two-step review process consisting of a
preliminary plan and a final plan. The preliminary plan phase follows the Type III, Phase 11
procedure with a hearing before the Planning Commission and a hearing before the Council.
The Applicant is requesting the waiver of the final plan review; and,
i 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) Preliminary Development Plan Criteria:
a) Capacity of Public Facilities: The site is presently served by
adequate public facilities. All unused water services must be
abandoned at the main per RPU —Water Division requirements.
b) Geologic Hazards: This site is not known to contain any of the
listed geologic hazards.
c) Natural Features: A Wetland application has been approved by
the City. This proposal does not conflict with the wetlands found on
the property.
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• d) Residential Traffic Impact:
A. Due to the nature of the proposal changing the use of the lot
from the construction of a residential structure to a private
park is not expected to generate any significant trips per
day. The private park will be for the exclusive use of the
residents of Fieldstone.
B. This proposal will not generate frequent truck traffic on local
residential streets.
C. This development will not create additional traffic during
evening and nighttime hours on local residential streets.
e) Traffic Generation Impact: The proposed use is not
expected to generate any significant volume of additional vehicular
traffic.
fl Height Impacts:
A. According to the applicant's consultant the height of the
pavilion should not be greater than 15 feet in height. This
• height would be consisted with the height standards for
accessory structures in the R-1 (Mixed Single Family) zoning
district. The height of the structure would not block sunlight
from reaching adjacent properties during the majority of the
day.
B. The placement of the pavilion will not block views of the
adjacent residential dwellings.
g) Setbacks: The proposed location of the pavilion exceeds the
setback requirements for an accessory structure in the R-1 (Mixed
Single Family) zoning district.
h) Internal Site Design: The location of the pavilion and
sidewalks on the lot appear to provide desirable orientation and
access to the adjacent roadways.
i) Screening and Buffering: The proposed landscaping and
buffering appear to be 'adequate to protect the privacy of the
residents on the surrounding lots.
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• j) Ordinance Requirements: The proposed private park is
intended to only serve the residents of Fieldstone so the user of it
will be from within the development and more then likely walking to
it. The private park does have frontage on roadways which allow
for parking for those users, from within the development, who drive
to it.
k) General Compatibility: The conversion of the residential lot to a
private park to serve the development will be compatible with the
adjacent uses; 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 Section 62.708, adopted the Planning Department's
recommended findings of fact and recommended approval of the application subject to the
following conditions:
1. Signage shall be posted at the park that identifies the park as a private
park, who is authorized to use the park and the management and contact
number shall be listed for maintenance/questions regarding the park.
2. The Home Owner's Association documents shall include who is
responsible for the ownership and maintenance of the private park. Said
documents shall be recorded prior to the development of the park. The
Home Owners Association shall also carry insurance and liability
insurance on the private park.
3. All unused water services must be abandoned at the main per RPU —
Water Division requirements.
WHEREAS, the Common Council held a public hearing on the restricted development
preliminary plan request on October 16, 2006, and permitted all interested persons to be heard;
and,
WHEREAS, based upon a preponderance and substantial weight of the evidence
submitted at the October 16th public hearing, the Common Council determines that the Applicant
satisfied the criteria of Section 62.708 if the above three conditions were satisfied.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the Type III, Phase II, Restricted Development Preliminary Plan #06-27,'
requested by GP Development is in all things approved, subject to the above three conditions.
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BE IT FURTHER RESOLVED that the Council waives the final plan review.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS /b7)4 DAY OF nMU� , 2006.
PRESIDENT OF 5AI COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS 17-,� DAY OF .) 2006.
MAYOR OF SAID CITY
(Sea(of the City of
. Rochester, Minnesota)
Zone05*estDevP re.0627
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