HomeMy WebLinkAboutResolution No. 022-07 • RESOLUTION
WHEREAS, GP Development applied for a Restricted Development Preliminary Plan
#06-31 to provide for indoor and outdoor recreational facilities. The property is described as Lot
1, Block 9, Prairie Crossing Subdivision; and,
WHEREAS, the zoning ordinance does permit community centers and pools or aquatic
centers but only public centers but only those that are open to the general public or through
non-profit organizations. The applicant did not propose this use as a part of the original
Special District designation or as a part of the general development plan process.
Accordingly, the proposed use must be considered under the Restricted Development
process; 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 cbhsisting 'of a
preliminary plan and a final plan. The preliminary plan phase follows the Type III, Phase II
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,
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: City sewer and water, and other
utilities are. available to serve the site. The existing water service
will need to be abandoned properly per the requirements of RPU
Water Division.
b) Geologic Hazards: There are no known geologic hazards on the
property.
c) Natural Features: There are no known unique natural features at
the site. The property was previously graded with the other
residential portions of the property.
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• d) Residential Traffic Impact: The proposal does not include on-site
parking as the intent is to encourage residents to walk to the
center. A drop off lane is proposed by the front of the community
center. This use serving only the Prairie Crossing neighborhood
should not cause a significant increase in vehicular traffic on the
abutting roadway.
e) Traffic Generation Impact: The anticipated traffic will not
cause a substantial increase in traffic as it will only serve the Prairie
Crossing neighborhood, and will require access mainly by
pedestrians.
f) Height Impacts: The new building will be one story on the street
side and two stories on the north side facing the aquatic center and .
will meet the height standard in the R-1x district of 35 feet.
g) Setbacks: The proposed site plan meets the side and rear yard
setback requirements. The building is 5 feet closer to the front lot
line than is permitted in the R-1x district, however, given the
location adjacent to corner lots this building is not inconsistent with
the design and future building setbacks on this street. The aquatic
center must be setback at least 10 feet from the property line and
• all pump/filter installations must be at least 20 feet from the
property line.
h) Internal Site Design: The site plan takes advantage of the
change in grade on the site.
i) Screening and Buffering: The use is similar to Area
Accessory Development which requires a "D" bufferyard. The
applicant must provide a bufferyard at least 10 feet in width along
the east property line. Boulevard trees will be required, at a
standard of 2 every 100 feet. A °D" bufferyard at least 10 feet in
width also will be required for the west property line.
j) Ordinance Requirements: The proposed development does
not include off-street parking spaces for residents. The security
fence surrounding the aquatic center must be at least 5 feet in
height.
k) General Compatibility: The proposed use of the site is not
inconsistent with the accessory uses expected in a residential
neighborhood. The building is not significantly larger than the
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• proposed surrounding residential buildings. The aquatic center and
the related outdoor uses will concentrate outdoor activities on this
lot and potentially result in more noise and lights in this area. The
surrounding lots are as yet undeveloped so individuals purchasing
these lots will be fully aware of the use. The character of the
surrounding neighborhood should not be significantly affected by
this proposed use. The community center will be an amenity for
the Prairie Crossing neighborhood; and,
WHEREAS, on December 13, 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. The existing water service line will need to be abandoned properly per the
requirements of RPU Water Division.
2. The grading and drainage plan approval is required prior to development.
A Storm Water Management fee will apply for participation in the City's
Storm Water Management Plan (SWMP).
• 3. A revised site plan with the required information must be submitted prior
to City Council review in order to waive the Final Development Plan review
for the building. The applicant must show all dimensions for the lot and
building and complete building elevation information including building
materials to be used on the facade prior to the City Council hearing.
WHEREAS, on January 3, 2007, the Common Council held a public hearing on the
restricted development preliminary plan request and permitted all interested persons to be
heard; and,
WHEREAS, based upon a preponderance and substantial weight of the evidence
submitted at the January P 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 Restricted Development Preliminary Plan #06-31, requested by Nelson
Companies is in all things approved subject to the above three conditions.
BE IT FURTHER RESOLVED that the Council waives the final plan review..
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PASSED AND ADOPTED BY THE" COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS /� DAY OF 2007.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: av
CITY CLERK
APPROVED THIS - DAY OF (-ZMU , 2007.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zon e05\Re stDev P re.0631
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