HomeMy WebLinkAboutResolution No. 345A-07 RESOLUTION -
WHEREAS, the Nelson Companies applied for Restricted Development#06-31 to allow a
private recreation use on Lot 1, Block 9, Prairie Crossing Subdivision that would include both
indoor and outdoor recreational facilities. The application is the Final Development Plan review
of the outdoor recreation features on the property; and,
WHEREAS, the zoning ordinance does permit private community centers and pools or
aquatic centers in the R-1 (Mixed Single Family) zoning district. A private recreation space
within an R-1 zoning district is addressed as an Area Accessory Development in the Land
Development Manual and shall be reviewed under 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 is the final step of a two step review process, consisting of
a preliminary plan and a final plan. The final plan phase follows the Type III, Phase III,
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:
2) Final Development Plan Criteria:
a) Public Facility Design: The site is presently served by adequate
public facilities. The water service from the existing curb stop to the
building must be sized as a 11/2 copper line based on the planned
fixtures for the building. In addition, any unused existing water
service lines will need to be abandoned properly per the
requirements of RPU-Water Division.
b) Geologic Hazards: This site is not known to contain any of the
listed geologic hazards.
c) Access Effect: Access to the center will be primarily by
sidewalks with entrances through security gates and the community
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• center building. Keys will be issued to the residents for controlled
access. A 55' in length drop-off area on the street in front of the
community center is planned. No on-site parking will be provided.
Prior to issuance of any Building Permits for construction related to
this application, the Owner shall be required to execute a City
prepared Revocable Permit for all proposed private
features/improvements within the current/required new public road
right-of-way and public easements.
d) Pedestrian Circulation: Access to the center will be primarily by
sidewalks with entrances through security gates and the community
center building. Keys will be issued to the residents for controlled
access. A 55' in length drop-off area on the street in front of the
community center is planned. No on-site parking will be provided.
e) Foundation and Site Plantings: A landscape plan for the site has
been prepared which indicates the finished site will be consistent
with the landscape character of the surrounding area.
f) Site Status: The entire property is under the ownership of the
applicant. The applicant proposes that the center will be operated by
the homeowners association. Maintenance of the building and
• landscaping will be the responsibility of the homeowners association.
g) Screening and Bufferyards: The conceptual screening and
bufferyards proposed are adequate to protect the privacy of
residents in the development of surrounding residential areas from
the impact of the exterior aquatic activities.
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: Access to the center will be
primarily by sidewalks with entrances through security gates and the
community center building. Keys/access cards will be issued to the
residents for controlled access. A 55-foot in length drop-off area on
the street in front of the community center is planned. No on-site
parking will be provided'.
j) Ordinance Requirements: 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, the Planning Department recommended approval of the proposed Restricted
Development subject to the satisfaction of the following conditions:
1. Prior to the issuance of any building permit:
A. For construction related to this application, the Owner shall be
required to execute a City prepared Revocable Permit for all
proposed private features/improvements within the current/required
new public road right-of-way and public easements.
B. The applicant shall provide to the Planning Department information
on the exterior lighting demonstrating compliance with the light
standard "R" in Section 63.210 of the City of Rochester Zoning and
Land Development Manual.
C. The applicant shall provide to the Planning Department information
on any signage demonstrating compliance with the sign standard
"R' in Section 63.220(2) of the City of Rochester Zoning and Land
Development Manual
2. The applicant shall contact the Rochester Building Department to
determine whether a building permit is required.
3. Hours of operation for the pool and jacuzzi areas shall be limited to the
hours between 8:00 am and 9:00 pm. Hours of operation for the
remaining exterior areas/activities shall be limited to the hours between
7:00 am to 10:00 pm; and,
WHEREAS, on June 27, 2007, 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 staff's
recommended findings of fact, and recommended approval of the application; and,
WHEREAS, the Common Council held a public hearing on the restricted development
request on July 16, 2007, and permitted all interested persons to be heard; and,
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• WHEREAS, at the July 16th public hearing, the Council considered the evidence and
testimony submitted, as well as the material contained in the meeting agenda; and,
WHEREAS, at the July 16th public hearing, the Council amended condition #3 so as to
read as follows:
3. The applicant shall comply with any conditions of the General
Development Plan which have not been fulfilled as of this date (07/16/07);
and,
WHEREAS, based upon a preponderance of the evidence submitted at the July 16th
public hearing, the Common Council adopts as its own the Planning Commission's
recommended findings of fact and conditions of approval except as amended above; and,
WHEREAS, based upon a preponderance and substantial weight of the evidence
submitted at the July 16th public hearing, the Common Council determines that the Applicant
satisfied the criteria of Section 62.708 subject to the three conditions recommended by the
Planning Commission as amended above.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City 'of
Rochester that the Restricted Development#06-31, requested by the Nelson Companies is in all
•things approved subject to the above three conditions as amended.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 14vrN Y OF , 2007.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST
ITY CLERK
APPROVED THIS /7174 DAY OF 2007.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone05\RestDevPermitFina1.0631