HomeMy WebLinkAboutResolution No. 529-08 77
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• RESOLUTION
WHEREAS, Rochester Senior Housing, Inc., applied for a Restricted Development Permit
#R2008-032CUP to construct a 54-unit senior housing independent housing development on
2.20 acres. The building would consist of three floors and be approximately 44,949 square feet.
The property is located along the west side of Kenosha Drive N.W., north of Valley High Road
N.W., and south of 35th Street N.W., and Badger Hills Third Subdivision; and,
WHEREAS, since the property is zoned R-2 (Medium Density Residential) and
congregate housing is not a permitted use in the R-2 zoning district, the applicant is proposing
the development through 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 consisting 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;
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. Final utility construction
plans with profiles will need to be approved by the various agencies
and conform to standard City of Rochester requirements. Any
modification needed to the existing electric distribution facilities to
serve the property as two parcels will need to be done at the
developers expense.
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. There is approximately 15 feet in elevation change from
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• the north end to the south end of the site.
d) Residential Traffic Impact: Access to the site is by way of
Kenosha Drive NW which is currently the main entrance into the
Badger Hills Development. The traffic projected to be generated
from the development should not cause the traffic volumes to
exceed capacities on local residential streets. The proposed
residential use should not generate frequent truck traffic on the
local residential street. The use will create additional traffic during
the evening and nighttime hours on the local residential streets but
probably not anymore that what occur if the property was
developed with 4-plexes.
e) Traffic Generation Impact: The anticipated traffic will not
substantially increase the capacity of the adjacent roadways.
f) Height Impacts: The proposed buildings fall within the permitted
height limits within the R-2 zoning district. The portion of the
building facing the existing single dwellings will appear as a 2-story
structure while the portion of the building facing the undeveloped
land to the south appears as a 3-story structure.
• g) Setbacks: The proposed building exceeds the setbacks
requirements for any of the uses listed in the R-2 zoning district.
h) Internal Site Design: The site layout provides adequate
building separation and orientation to the existing single family
dwelling located to the north. The design of the site allows for the
proposed structure to appear as a 2-story building on its north
elevation facing the single dwellings. Access to the site is from
Kenosha Drive NW. This access will be a shared access with the
undeveloped lot to the south. The proposed access will need to be
shifted to the north to help eliminate potential conflicts with future
vehicles from the south. The access to Kenosha Drive NW shall
align with the parking lot drive aisle and provide for a "frontage'
type drive aisle to the property to the south. An access easement
will need to be dedicated providing access to the undeveloped lot
to the south.
i) Screening and Buffering: The proposed landscaping plan
provides abundant landscaping throughout the property, however,
using the bufferyard indicator for a multi-family dwelling additional
plantings will needed to achieve a bufferyard meeting the "D"
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• bufferyard standard along the north property line, and "C" along the
west and south property line.
j) Ordinance Requirements: Additional parking spaces (2) are
needed in order to meet the standard parking requirement for
congregate housing. The proposed development includes 47% of
landscape area which would be more than what would be required
for any of the residential uses in the R-2 zoning district.
k) General Compatibility: The character of the surrounding
neighborhood should not be affected by this proposed use; and,
WHEREAS, on October 8, 2008, 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. Prior to the issuance of any development permits for the site; the applicant
shall have dedicated a cross-access easement providing access to the
undeveloped lot to the south.
• 2. Grading and drainage plan approval is required prior to development, as
well as, payment of any applicable Storm Water Management Area
Charge.
3. The applicant shall pay the parkland dedication requirement of $16,500
prior to the issuance of any development permits for the property.
4. The site plan shall be revised to provide a bufferyard meeting the "D"
bufferyard standard along the north property line and a "C" along the west
and south property lines.
5. The site plan shall be revised to move the access location to Kenosha
Drive NW north to align with the parking lot drive aisle and provide access
to the property to the south.
6. The site plan shall be revised to provide 2 more parking spaces on the
site.
7. All final utility construction plans shall be approved and the necessary
utility easements dedicated prior to the issuance of any development
permits for the property.
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8. Any needed repairs and/or panel replacement to sidewalk and curb
resulting from the construction of this project shall be completed
concurrent with the completion of the building.
9. The sign "A" shall be the size and amount of signage allowed for the
development. The monument sign proposed shall be redesigned to
conform to this standard.
WHEREAS, on November 3, 2008, the Common Council held a public hearing on the
restricted development preliminary plan request and permitted all interested persons to be
heard; and,
WHEREAS, at the November 3�d public hearing and in response to the submission of a
revised site plan, the Planning Department recommended the deletion of conditions 4, 5 and 6,
and the revision of condition 1 so that it reads as follows:
1. The developer agrees to leave the existing cross access easement in place
for use by the undeveloped lot to the south in the event that a portion of the
controlled access dedicated along Kenosha Drive N.W., is not vacated to
provide a full 32 foot wide access to serve the southerly lot; and,
WHEREAS, based upon a preponderance and substantial weight of the evidence
• submitted at the November P public hearing, the Common Council adopted the Planning and
Zoning Commission's recommended findings of fact and determined that the Applicant satisfied
the criteria of Section 62.708 if the above six conditions, as amended, were satisfied.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that the Restricted Development #R2008-032 CUP, requested by Rochester Senior Housing,
Inc., is in all things approved subject to the above six conditions as amended.
BE IT FURTHER RESOLVED by the Council that it waive the final plan review of this
application as provided for in section 62.712.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS D OF JJOUemEOZ , 2008.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
ITY CLERK
APPROVED THIS DAY OF , 2008.
,"-&dr.4 W.,
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone05\RestDevPre.0832
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