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HomeMy WebLinkAboutOrdinance No. 4236 - WindamereWoodsSpecialDistrict ORDINANCE NO. _____ AN ORDINANCE CREATING AND ENACTING CHAPTER 64Y, AND AMENDING AND REENACTING SECTION 60.327 OF THE ROCHESTER CODE OF ORDINANCES, RELATING TO THE ESTABLISHMENT OF THE WINDAMERE WOODS SPECIAL DISTRICT. THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN: Section 1. Chapter 64Y of the Rochester Code of Ordinances is hereby created and enacted to read as follows: WINDAMERE WOODS SPECIAL DISTRICT 64Y. 64Y.100. The purpose of this Special District is to provide for zoning regulations that shall be administrated in the Windamere Woods Special District, as required in section 62.900 of the Rochester Code of Ordinances (City of Rochester Zoning Ordinance and Land Development Manual). This chapter contains the special regulations of the Windamere Woods Special District. BOUNDARIES OF THE LAND. 64Y.150 This ordinance shall apply to the following described property located within the City of Rochester, County of Olmsted, State of Minnesota: The South 44 Acres of the West Half of the Southeast Quarter of Section 15, Township 106 North, Range 14 West, Olmsted County, Minnesota. AND Commencing at the Center of Section 15, Township 106 North, Range 14 West, Olmsted County, Minnesota; thence South along the west line of the Southeast Quarter, 745.22 feet for a place of beginning; thence deflect to the left 89 degrees 12 minutes a distance of 362.32 feet; thence deflect to the right 110 degrees 47 minutes a distance of 270 feet; thence deflect to the left 90 degrees a distance of 66 feet; thence deflect to the left 90 degrees a distance of 65 feet; thence deflect to the right 69 degrees 5 minutes a distance of 235.77 feet; thence deflect to the right 70 degrees a distance of 234.56 feet; thence deflect to the right 110 degrees 9 minutes a distance of 661.8 feet to the west line of said Southeast Quarter; thence deflect to the right 89 degrees 11 minutes along said west line 434.53 feet to the place of beginning. 1 The above described conveyance contains 48.38 acres. LEGISLATIVE INTENT AND FINDINGS. 64Y.200. Subd. 1. Windamere Woods GDP provides an assurance to the neighborhood that the property will be developed in a compatible nature. Subd. 2. This Special District is established to foster the development of a comprehensively planned neighborhood. The street and lot layout, as depicted on the General Development Plan (see Exhibit A), is designed to provide connectivity and compatibility within the neighborhood. Subd. 3. This type of development is consistent with the goals and policies of the City’s Land Use Plan and Housing Plan, which encourages the City to accommodate development proposals that areas are compatible and connected. ESTABLISHMENT OF WINDAMERE WOODS SPECIAL 64Y.210. DISTRICT. Subd. 1. Pursuant to section 62.900, the Rochester Common Council hereby creates a special zoning district to be known as the Windamere Woods Special District (“Special District”). The Special District shall be an overlay-zoning district designed to encourage the attractive and compatible development of the Site. Subd. 2. The regulations and guidelines set forth in this Special District shall prevail over the regulations of the R-1 Mixed Single Family District. Subd. 3. The determination of the need for the creation of this Special District is based upon the following findings or land use principles: A. The property is zoned Interim per Zoning District Amendment #01- 04. Recommendations from that action were for a Special District zoning with an underlying R-1 zone to address the neighborhood issues while still accommodating a feasible development served by municipal water and sewer. B. This Special District is established to foster the development of a comprehensively planned neighborhood. The street and lot layout, as depicted on the General Development Plan (see Exhibit A), is designed to provide connectivity between existing public streets with lot sizes and densities compatible with adjacent developments. C. Developing the property through the Special District standard will allow for a development that provides assurances to adjacent neighborhoods that development will be compatible while 2 preserving and protecting habitat that maintains groundwater quality and quantity. D. Windamere Woods is intended to balance the mobility, safety and other needs of pedestrians, bicyclists and vehicular traffic and to provide pedestrian connections acceptable to existing neighborhoods. E. The location of Windamere Woods is unique in that it surrounded by developed lands with difficult terrain on the west and north sides. The terrain is a mixture of steep slopes, drainage channels, Decorah Edge soils, Decorah Edge features and mature woods. The design of the streets, sanitary sewer facilities and water distribution lines avoid disturbance of the steep slopes and Decorah Edge as well as minimizes deforestation and mass grading. Storm water treatment will focus on low impact development design to enhance onsite infiltration upslope of the Decorah Edge features. UNDERLYING DEVELOPMENT STANDARDS 64Y.220. Subd. 1. Except where otherwise specified, standards for the development of this district shall be based on section 62.220 – R-1 Mixed Single Family District Subd 2. The permitted uses and appearance control standards shall comply with section 62.222 for the R-1 zoning district unless otherwise provided in this special district. A. Site Standards. (1) The maximum number of single family dwellings shall be limited to 34. (2) The minimum lot size shall be 21,780 sq ft (one-half acre). (3) In keeping with the rural setting of the adjacent plats, no concrete sidewalks will be installed within the public road right of way. All pedestrian facilities shall be a six foot lane on one side of the roadway surface of new streets platted within the development. Subd. 3. Permitted Uses: Permitted uses shall include the following: A. All type I uses permitted in the R-1 zoning district with the exception of the following uses: (1) Duplex 3 (2) Offices (3) Medical Facilities (4) Nursing and Personal Care (5) Funeral Homes (6) Sand or Gravel Excavation (7) Agricultural Operations (8) Area Accessory Development Subd. 4. Lot Development Standards A. Each platted lot shall be designated as one family detached dwelling. B. No lots shall be subdivided into smaller lots or areas other than as approved through the platting process. C. In keeping with the rural setting of the adjacent plats, no concrete sidewalks will be installed within the public road right of way. Pedestrian facilities shall be a six foot lane on one side of the roadway surface of new streets platted within the development. BOUNDARIES 64Y.300. The regulations established herein shall apply to the land described in Section 64W .150 and shall be designated “SD” on the zoning map. EXHIBITS 64Y.400. The following documents shall be submitted with the Special District application and included as exhibits of this Ordinance: A. Windemere Woods General Development Plan, Exhibit A. B. Special District Legal Description, Exhibit B. GENERAL DEVELOPMENT PLAN AND GUIDE FOR 64Y.500. DEVELOPMENT The Windamere Woods General Development Plan, following Special District approval and a rezoning of the area to Special District, together with the attached 4 Exhibits A and B are, in combination, recognized as the guide for the development of the Special District. EFFECTS OF REGULATIONS 64Y.600. The General Development Plan and Final Plat together with the conditions and restrictions imposed, if any, shall govern the use and development of the land. DEVELOPMENT PROCEDURES 64Y.700. Subd. 1. Except as herein described, development procedures for property within the Special District shall be consistent with the requirements of the Rochester Code of Ordinances. Additional plans and information shall be submitted, as necessary, for development within the Special District, as outlined below. If determined necessary by the Zoning Administrator, additional plans or information necessary for development approvals shall also be submitted. Subd. 2. Final Plat Application. Final plat applications within the Special District shall include plans and information consistent with the requirements of this Code and shall be submitted at least three weeks prior to the City Council meeting at which they will be considered. If requested by the Zoning Administrator, additional information needed in order to judge the nature and propriety of the proposal shall also be submitted. Subd. 3. Zoning Certificate and Building Permit. Applications for building permits and zoning certificates within the Special District shall include submission of a Windamere Woods Architectural Review Committee document. This document must verify a review of sitting and plans for compliance with this Special District’s intent, as outlined in the covenants submitted with the final plat. RESCINDING APPROVAL. 64Y.800. Subd. 1. After six years from the date of approval of the Special District, the Council may, following a public hearing, rescind approval of this Special District upon finding that no progress has been made in the construction of the development. Section 2. Section 60.327 of the Rochester Code of Ordinance is amended and reenacted to read as follows: 60.327 SD SPECIAL DISTRICTS: Existing Special Districts approved by Ordinance numbers 3443, 3404, 2726, 2516, 2247, 3385, 3468, 3497, 3503, 3520, 3534, 3604, 3615, 3691, 3730, 3814, 3889, 3919, 4003, 4122, 4194, 4199 and 4236 are recognized as separate zoning districts and the plans and procedures established for each Special District will continue in force. When a Special District Ordinance 5 does not specify the procedure or criteria to amend an approved site development plan, the proposed amendment will be reviewed under section 61.148. When a Special District Ordinance requires a specific site/development plan review process, but does not specify the criteria by which to review the site/development plan, the development will be reviewed under section 61.148. When a Special District Ordinance requires a two-phase review, the development will be reviewed under section 61.146 and either section 62.708 (1) (for preliminary plans) or section 62.708 (2) (for final plans). Section 3. This Ordinance shall become effective on and after the date of its publication. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS _____ DAY OF ________________, 2016. ____________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: ____________________ CITY CLERK APPROVED THIS _____ DAY OF ___________________, 2016. ___________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Ord15/64Y 6