HomeMy WebLinkAbout4.A.1. Preliminary and final plat of Saint Marys Henderson addition, CUP for an overheight structure and Senior Housing Facility, two fromt yard setback variances 111111161111 Consent Business 4. A. 1.
SHA OI'E E
TO: Mayor and City Council
FROM: Kyle Sobota, Senior Planner
DATE: 08/18/2015
SUBJECT: Preliminary and Final Plat of Saint Mary's Henderson Addition, CUP
for an Over-Height Structure and a Senior Housing Facility, and Two
Front Yard Setback Variances in the Old Shakopee Residential (R1C)
Zone for The Henderson
Action Sought
The Council is asked to offer Resolution No. 7599, a resolution approving the
preliminary and final plat of St. Mary's Henderson Addition, granting Conditional
Use Permits for a Senior Housing Facility and Over-Height Structure, and
granting front yard setback variances of 15' and 10'7", and move its adoption.
Background
The Scott County CDA has applied for the preliminary and final plat of Saint
Mary's Henderson Addition, as well as a conditional use permit for a senior housing
facility and over-height structure, and front yard setback variances in the R1C, Old
Shakopee Residential zone. "The Henderson" is a 51-unit senior housing facility
proposed to be constructed adjacent to Saint Mary's Catholic Church on vacant land
currently owned by Saint Mary's Church.
In the fall of 2014,.the Planning Commission and City Council performed a concept
review for The Henderson that contemplated 55 units of assisted living and senior
apartments on this site. Since that time, the applicant has removed the assisted
living component and reduced the number of units to 51 units.
Last fall the zoning ordinance did not permit senior housing facilities in the R1C
zone. However, in January of 2015, the City Council approved a text amendment to
the Old Shakopee Residential, R1C zoning regulations to allow senior housing
facilities as a conditional use. Conditions in the adopted zoning ordinance set a
density limit of 45 units / acre and a minimum lot size of 0.75 acres.
Plat Discussion:
Saint Mary's church occupies an entire city block of 10 lots and the vacated alley
(300' x 300'). The proposed plat contemplates the creation of two lots. Lot 1 is the
Saint Mary's church and rectory site at 120' x 300' (0.83 acres). Lot 2 is for The
Henerson and is 180' x 300' (1.24 acres). The block is bound by 5th and 6th
Avenues on the north and south, and Lewis Street and Sommerville Streets on the
west and east. No additional right-of-way is proposed as part of the initial submittal,
however the Planning Commission and Engineering Department have
recommended that 15' sight triangles be added to the four lot corners. No additional
public utilities need to be installed for this proposal. Access to the lots is proposed
via Sommerville Street for the underground parking and 5th and 6th avenues for
surface parking. The current handicapped access / drop off point from 5th Avenue
for the church is proposed to remain.
Since this is a plat, both The Henderson and Saint Mary's Church lots are subject to
payment of park dedication fees. Saint Mary's Church has requested that the City
Council waive the park dedication fee requirement for their lot. The approximate
fee for the Saint Mary's lot is $4,358.97 (0.629 net acres x $6,930 / acre). In a
recent similar situation that involved the adjustment of a lot line for an existing
structure in the downtown area, park dedication fees were not required. Staff
recommends the City Council waive the park dedication fee for Lot 1 (St. Mary's
Church). The attached resolution is written to reflect the fee being waived for Lot
1. The park dedication fee for The Henderson (Lot 2) at the current rate would be
$226,950 ($4,450 x 51 units) and is not being waived.
Conditional Use Permit Discussion:
Senior Housing Facilities are a listed conditional use in the R1C zone. The original
design of the building has been revised to house 4 fewer units, and the assisted
living component has been removed. Originally, the density was proposed at 44
units per acre. The current proposed density of 41.1 units / acre is less than the
density of two existing senior housing facilities within a few blocks of this site. 200
Levee Drive is 66 units / acre and Northridge Court is 46 units / acre. River City
Centre is less dense at 36 units / acre, but is residential on only the upper two levels
of the building. The density of River City Centre would increase to approximately
54 units / acre if all three levels of the building were used for residential purposes.
The proposed breakdown of the units in The Henderson is 37 one-bedroom units, 9
two-bedroom units, and 5 studio units. A separate small unit for guests is also
provided.
The applicant proposes to provide 47 underground parking spaces and 4 surface
parking spaces for The Henderson. Since parking for Saint Mary's Church is a
concern, the applicant has proposed providing 30 spaces on their site for use by
Saint Mary's Church. The amount of parking provided for The Henderson meets the
requirements of 1 space per unit. Staff and the Planning Commission recommend a
shared parking easement or agreement be prepared and recorded that allows parking
on 30 spaces during church events and services. At the August 6th Board of
' Adjustment and Appeals meeting the Board granted a variance to the off-street
parking requirements for Saint Mary's Church based on this proposed design.
Structures greater than 35' in height in the R1C zone require conditional use permits.
As proposed, The Henderson is a four level building with a pitched roof. The upper
three floors are residential units and the lowest level would be parking and lobby
area. Because of the slope on the site, the building will appear to be four levels on
the north side of the site and three levels on the south side of the site. The height of
the building on the north side is proposed at 50', on the south side the proposed
height is 39' along 6th Avenue. The height of Saint Mary's Church is approximately
64' to the top of the bell tower, with the cross being approximately 15' higher, for a
total height of approximately 79'. Central School is approximately 41' in height
along Lewis Street and is setback approximately 5' from the lot line along 5th
Avenue and Lewis Street.
Variance Discussion:
City Code defines the front yard of lots with multiple street frontages as the
narrowest street frontage. The Henderson site is unique in that it has 3 street
frontages. The street frontages along 5th Avenue and 6th Avenue are 180' and both
are considered front yards. The frontage on Sommerville Street is 300' and is
considered a street side yard.
The minimum front yard setback requirement in the R1C zone is 30', or the average
of the front yard setback of at least 3 other structures setback less than 30' on the
same block. The proposed front yard setbacks of the Henderson is 19.3' along 5th
Avenue and 15' along 6th Avenue. Currently Saint Mary's church is setback 27.3'
to 5th Avenue and 5.1' to Lewis Street. Because of the varying dates of construction
that predate the zoning ordinance, it is not uncommon for structures in the R1C
zone to be setback less than 30', which is the reason for a setback reduction when a
block has at least 3 structures setback less than 30'. Since there are only two other
structures on this block, the required front yard setback is 30'.
For reference, Central School has a setback of approximately 5' from three street
frontages (Lewis Street, 5th Avenue, and 6th Avenue). Staff supports a variance
request in this case because of the varying setbacks of institutional structures within
the R1C zone in proximity to the proposed use and that the property is a unique
configuration with three street frontages.
Recommendation
At their August 6 meeting, the Planning Commission recommended approval of the
attached resolution by a vote of 3-1.
Budget Impact
There is no direct budget impact for this project.
Relationship to Vision
This item relates to Goal B: Positively manage the challenges and opportunities
presented by growth, development and change.
Requested Action
The Council is asked to offer Resolution No. 7599, a resolution approving the
preliminary and final plat of St. Mary's Henderson Addition, granting Conditional
Use Permits for a Senior Housing Facility and Over-Height Structure, and
granting front yard setback variances of 15' and 10'7", and move its adoption.
Attachments: Location Map
Aerial Photo
Plat
Site Plan
Building Elevations
Floor Plans
Landscape Plan
Resolution No. 7599
Print Preview Page 1 of 1
Scott County, MN
._________ \ v_____1_3_3... 7....
ip
li 2F
cF
illi 11 .47
J1
v ..L
ilIl
i ,
1 11111 11111 5Hyr ._
_ --- ----.-1 III ali.
1 i 1�
_I
I —_Y_ _ 7 "i
is v------
i 101,.11,.,
ti
_________---
sallow oil is 10
a 00
or._ lir
... ilk
i 101101
101 alit'
_- 10 y---
Igo
1 0
i , --- s
'ink 535 LEWIS ST S eik 535 LEWIS ST S
Irrar ST MARYS CHURCH lhar ST MARYS CHURCH
1
Disdairner Map and panel data are believed to be accurate,but accuracy 4 not guaranteed. Ms t5 nota legal Map Scale
document and should.not be su^strtuted,'or 3 title 532rc.4,appra!=a1.survey,Or fsr z ring ver;'ficailOn. 1 inch = 395 feet
6,/17/2015
httn://siis.co..scat.mnAis/ScottCHS2. 1/WehFcrms/Print.2snx?img=httn://gis.cn.scntt.mn.ns/s._ 6/17/2015
,, ,,,,
f
1111141. ,
:tc0LI :,'. ',IN .
' 1
,
, —kNI--------- - v
t , k
IS
\
11
;v ,
'I___----
,.
III e„ (1 eso.**-Ulte—t --
'4 — 4- -- — tti4
4 e
Iiii • i *.
I
C ------
r
.A ...... „......— —.—
ee e
f‘4‘1 4
''' '
' ' t
____------------C
____,-----1----
___—.—
* %
61. 44. ---
4,,,, ,e,
I'.ri -- '--
"4
l'e-4
1,--
i „-
I\
L__---- , ,
lit ,
________.
t t
___ ---
....._ _--
_--
%, __--
, -
\
4,At
1 , - --------'—'---0°
111111 $ `44
•
r----- 40--
---- ----- 1 t7-*
P.
-4 4 474 4 • '4
- x ....,_.—
'
-4 ,
4,- ____---1—
•
-----4%---1
,.4
44-
---------%
, - _
___--
i,
-____ ---
--v. _ ,,
J
•
•
... 4
‘,. -----
---T 1 _......,--4.
\-------77—
-..'-'
1 1
1 -; .
... -
-4
' ****' ,
,„.
. k
t \
1 ,--------
1----vv.-
, ...
I :
II
C
IIII
, .
11 11 I
I C II
-/
. 4 '
__.--
' iiro — 1
Disclaimer: Map anto be se
d parcel data are believedacacrcurah,atep,prabuitsaiery
accuracysueyi, o
s nrguaranteedfor zoning
e
v ;cthaior1 inch = 105 feet
is)s:or a regal Id a p Scale
7/3112015
document and should not be substituted for aIitie
Z
E 8 °a° OW
e S "g$k w CO=
Y9 a:,SH a i 5 I 55y ZID
A Ss B $;q;A a D _ ow
s$ sad g g
g„ _ it /0 a" I g }co
B g �
I
RISE sg 5 ¢o
s gin >�s i 5 MZ
g� bF_a �A E s Q
a g a , Iv s 8 ` b 3P
t IAs g e °ti 25 I $ 4 3 5
24
} H AP-,ti E I S 5 ES
to
d it 1 a 51 �: I5 arl € § a s a1 gr
a
Oe g » s` } s €,s. tE s b ill 11
Zg- 1 g g y<° @ s g 1 5a g �@
: is ; fi e i gar 9 I€ • 3 _ ;; $ @o
o >� s a < 4 go1 d 55 $ o ga a
ms fr g R§ �' S E „1Eaa a g a Sso 1. 1 8 gs 1 Iii
-
L 1`y 4 s a S 552 ss $;o €�; t3 3 o�fi 121 r aI 'M r s I
s �' � B fl `e �g £ E �85gfi w§g€'y 0 e a 1 .p ifpa 1 i° Ilg3 of '
CI II 9'l ; !I € I ; 9 : ill Iii G - $ ;i : if
; ill
m 5111 1 5; -
�o �_° 6 $as
a
Q
Z
0
' u)
M I I I I $.
66 _ I L J L_ tmj 1 hW 0 ,g,
121 A
® P
• g,v
LJ i nn^ i�-iy i �---��n I_ n^ Ii!
U iii oc: 1_J_Nic: J II,�(-_�Y ros o • SAW
L W
r--- l0. 3 JL. 5
5 _ 4,/
C '- k
QLd IL a o` a
i L,J
■ F- R r 41 / v/ LJ
OD f� spy YIn' Ld
(� va F ~ - z z
GO 2 0 t_- mm,- -L - I (1) Z _ Fa
_E O LOUK�M.1.1L0N ' \� 1:1 ' F� j I �` 1—Jed
LI) s �� r<
J I IJ L °
NTOOC M.0L.MON w
gig a
ifl
iii O 120-11 5: 'zI.:vrr3 i xe
0 m
I I I
}
g&
: ,
r r 1 .: 1
ill
R 1 . iJ! Ili►
Pi q
1 c 11 I 1
1 p r0 ei g1 /., I 01,1 1" 1 AT ::.1 1, r" g i
It
111!' p !p} se, e EE}d 4
! 0.Fil Ise} Cla I(1 ; Sp}1i
11
iq1 111110,1SAES 4e/ �15l- el ilal
•FI i°11 E}p iii, 3,F}S E! Ii fi0 e
d p!,ff 111/0� 1a 411! �,, i,f
11
010 i S 4 c fie!
° l!l 1161101 ■i yik Y ip R ..,I f1
i� 'SF a�!l S ° dd I
g_. .ale f10101lDiir15111 i — -- :€
. _ -.. .. l- _ d E ii�iidi „
, a 6 EKd ,3553
li
SS `1 E °w a°°• r°
r {ii r } "� 1 y�a�s;s
7!!d}daidlIIf]
pi
�! ! Ili e . e_ a^ _I ±I, i I
° S r i-x eee.n a �(
° �li° ; dI Q1 ! 0 iiilli:a1eeER e lit d Y •E1 Itl
II
WO @El EE r€E B4 E0 a o 4 E I EEEEE !!7 "' �� ' 'I
1 r E B ': }iE}1E;11 -
§9 ®li 1iiliuiiIikiif OK. . !!!!
} ' 'ill
[ iI
iliiiiiii CI E�E E
��aaao B B B
Il �R - '; 'RS
71 Ipp.
¢i �� !ii:!!
: 1 r
t
• a 11 IVJ _I J(2 _J 1 II, ,(—' l'elJ�'
_ \ I
r_____.•_,,,_,_._
- ,
„ _ itt,,,,,,-40
• i_ ,,„, ,
,,,„
,,,,,,,,,,,..
_._,...__._.,...__,,.,.._,__,...„ IF.. , • ..
g lir 1 1 • f U S } t i s ■I i=
m > 1 a $} I.It Ilei !
Al _ o,�' 1
MI 4
I.
I'm
( :Olt., i
.�y ioow�o�m
I Iii T
BS I ■ I a
s�� _f II
iii I° I fr
1 FF II t iI .1=0-.4."( I I -6o- Ai1 (,)
I � 4� �g R�`��?\Y �4PJ # = ! Via,
J a6
.., zza�
WaW
'� a�� ^.� . *' -
J
�E
a
a
' 4 xa- ..
- I + ®,
„` mat t .�.
/11111,..
!: '......_:'—' _,_,
Cl ....i U)
.
v N
!_ LL
_ in
b (LS
a Mme *„ Q
Q
l n a y o :
x;' i. I.+ g
r w
111,11
V
lar...,A=..:_, .-' O
x v E ?
ISr +` ��� VJ
4
k
v
k :.
2
/.%...'ii,,,:A_',ii".ti—..ii.
p.-
B ' 11,,, .�a
401 ' .—'' ' W , , ,0, 1411:--,'1 ' F ()CI!
, �a
g. i
z r m: m
LL _ 4.
c
Z ® SYB 91
if i ? I3 �4 ;--4.'
11swzi
. �°e$ st 4ag ;
rx a 3 i 1 i! sii 13l h� 'tl5 :
0 ED
lois , J 1,iii' T -�� TT
Q Q Q
i i
2 . 6. 6.] ' i c--1.' !'''' '
i �—
—, 'CPJ
"e a 1
—_h_ _� ,1 -------------41----.7,=>-4-------0
i � 1 - i- 44 _ I I �
Imo" „n J I
i i -- ---- �i--- — ;0
1 I 9
i° 5
liii
i,
I F
I
i.
Y
1 ^
I
i
sP
.I is
i
ni
r
® 4I,
-------- .---_-------- —_—_—___.,—_—_--0
0. xI
I
y I
} i 3
IF
1 I I
IA f
I
Ic s
I
11 1:0
,1'11' i'
S...1IIJ111...s t----
t
— —
ii
�i
p—— '`0 g
4
n i r 9i, q ,+g
i 5 - .j
■
P
, i
•
,
-- -,7-__:-_.“6--__:--0o_ J;r
p el t _gr_-_ �D r = __ ��
i - O--
g
FE
Zee r 1 �� o
!Oil!!
S ass! - _- I' , - -:
L. ill�l/II �t L,. . il-PIH . �i-• I .ice.. ' a h,p I i <' �-yi
' I j'...::,-- -2g. _ ,...
I
,3 1i:_
1, I I i L ,-- w I - �� —.
j
,,,.,
--_ ,.‘ ,‘� T^ t r.l • 7pndii:-,_"war � Jt Lam_
�I"
.. .1„. 1,
. a
1 ik
„,_„_,..„. i
Ar
T 1 _1il , 111 'I, c�r = I ,
Il _
rY `- 1- 1- =f-- �. �,...„_4----4-,--,--13,-;,.-7'
t.-,moi�-i,-'414-':.� --SR �� ^°�--II I. L.1.._._ _
L --i_-__--"= ._- ✓ � rr 9
- r o0 oA �... - -
„Li
-
P�}''
\t �>--”- 'I --- �1 ... moi_
i.
L i, -r - *-- ; s -
.,„.,,..,"''''' \- - --,7- '-- 17....= ::I _ --1 ,_ ,,,i i* , „,,,,,„.:,_=,
R•
�-
�,
k -r - -_ C i
%`
• -;r- , rF ill _-- r. �
pa � ¶--
_ LC„
.�
nu - R
N �' .i:j..4-i-, ,, ,_:-:;:-''''''':::-::-.:
T
f -
iI � , _
ti G I j: -
r� J r
•
� I ti a � -- 3 - —
—_ - 1 a
!,
. ,
0-i° 1:1
4
1 „,, ..... ,
.0
,:. .:
..,
Q $ 9 g9 ��
t—_ @ B � aFt I Q gy,p, i
IQ 41)
v:., 91 T - c
c Dc,--)1., (-,)
Is g n C) _ i 4D
4 .
z § j:l'IJI� �B"
II 1 rt dp i 1
I , .7' i , .7; 7— cr.' an ma, ini , I, I
L -- -_ _ �------Q
1 i
i i ° -- 1 _ �—
- 1 0
i 1 it J i, j�
I L ,, 1- I
®' I _ I
L
I =
,i gpa � 1 ,1,-rt"I
I ---C)
14
I . _11:,,,:,.7.=,
;
I =
r1 70
1 1e
I
•
3. 4r
® I.I _ . i
11
1 I a_L4
TE,, i
il
I ,, 1M I
/l Ii I
1 X11 H.
I .r 1 ,-
� --�
Il
I�I� Q T =-1 �d� -I1
1 :
H.o g1y S g a M 'iSt3
w§ €i bpg 8 O 1,3
i 33 d y i
IQ 4D 1
ED
IiI = gi1 0 4 - Q Q 4 a® 4 - Q
0.0
5 sfilks 1 s if 1 - IDI i 101 I -7----±- --7--
gg
iii !5 5 8 I.1i I;f a ---1 ---- -- -- --, ----- 1----- itz - I '-----0
I 1, ,5 t 3i, -- r. I
p 1 I
a,'3 II I ► u 1 , 1, I
W $ n g i s i -I a •I 1.� r'� I ;Li
i 1 1
Z I � t 1 c I Ir'‘ll/ 11 I•4D
• 1 t„.Wc r i I - i 1I p11 io I I
I - 1 E s- ', t -- F=a_; I, .„ ', ,, (13 11 D r i —' 4
'1.1 Ji '
1 I4 �!I 4111 MU 4 I ,,.I,
t—E - �1. no ■� ; ,�
=- ,� _- t- ' --- -s�e� --t, ] II----0
.t
I i !rim., -,...1..._,..I I,`9 io HS AIM '_' - I i` I 'Q�'
' ' I i i =-i I Hs AI1i is `- ` I t”
t� I.
li I I ' 1 .ylf- I
I1 -1 i 4,f I J -1,2------ --_-0
l e\
Q� �l 1 _`y0 .,` , 1',I g 11
"I _ 1
1 1 'i
I
- 1
1 3 `1.
n i
I
17 1'
I !War. t4 r� i�[j*'
I i1
II �.; 1 ° —
-i
7 -C)
-- , I _ - I i �II
I Q. 1. VA I
t , i 4 4„ _ -,,.
jL:! ;I.
5
!' EMI EL ; i' ;
i�
ii �
I
1
I i
®I ,f1 I I
S d` # i�{;#�e7fgi €F s!# # e LL F zd
#1; t 11 8
2 ~ g N 3 � §ei>IiH E c68 3�' ¢ o _
g "g Ir I/.i1 11011111111111"1 a $ 1 g 1
I I I at �, Fun '15311 WOS\ ` _ -
ti
Iliiiii'ii11 ii 11111\ , Nair
,IL.,_ lir, ,ir,
1111 I�liar Ii1 I II:II I:II i...� 111 l;l 1111111 1111 1thI 11 I �� g
r
1,1 I I I I I I I I I 'I I f l l 1 1 I 11 I I !° Wii° y@
l' 111(4,1„: 1/ 1/1 1 15 .11 1 1 1 g I , l 1 I I'I 1 1 1 1 1 1 r1 I�
11 1 1 1 1 I III Iill lull II I i i 11 llll i ��
� '✓k4,,,,. 1 1 1 I I.` 11 1,61'1 1 I h 1 1� ./1 I g �,z
11 ,1p a I CV1L_Q: l DI e.':101L"AIO v 0511b.V 4MaiY' mm�1 j I 1
Ne
� 11 .; - � �� o� ��o
i
of ra ._— , Mii,bit / z'� 8 G E§ fie
a1 0,40,?”, m6 5 est,' i
,S4 li O� .`` lied n �' �� g
i I`�!11 g 11 -1+I 1., 5B At
2,5 g7G C g �7
�1 l l�l l 8. 1 I
II
hill �; k
;;.® " - III F28
I ■ nr- 4 I j JE igh
"' i Ill 7R Oafl a, I., OdO�%c d L-�Ib a1 't ?"7lif D 1 11)
1 /s YI I I 1 1 1 i iI I I It p i l i
I( 4`,t It, 1111.11 illl.'111 Ilillllll 11 1 1 I 1 I 1 I Ilq 1 wink 111 f /�
r �4111A' `. 1 I"'' i 4 I I� I Ir 1111 II III11 ►�. -� Qo�
I I I I I I I I I I 1 iipI I €-
l+l O� >� 1 1 1 1 'I I I I I � I I I I 1 1 1 - I q �z
I 1 1 1 I I I I g� 0 3 m
i , 111 I I I I I �. 9 [y g
411'.
� 1 I� j5 r :1,1, 11,10,1111 1 \ ,.. y B 1 I I 1 -- a3 gz BR 8s% a_
41 3 ICC 1 p pQ 11{ 4
I. IIII IIJYII�� ���`..� iTi 1 3 rMa `1 - o <d r° ty
I— • Lq I;'i--F-1 -I-HI ViiG �, Ni g `•' �gp vo'S
` 1 �Ilrll 1 1111111111 Illy ,,111111 II111 „ k
IIII II111 1I1111111I1 11 ;K1111 _- -I I I I I I 06t,I�I��f�I- I+T-I-I I - I— yam _-.1_.. -__-—__- ,,....WP
-7
111;1111' 11111111 .IIII; 1 \
11
€t 3 m v
10 E1041 ffg, 1§ 1
.jill 1.141.10M ail
mm L:gg R Li W .a a.4 3 " `i; "!pig JI
' e� € I22?„ m p.
51 v„:1-knit Iv
psm o o $ gtalle Ili
..2 N~ i't jIL! 4-1'oi14'4 "s € & f§ a m o uI[[i 1= z
�8 "b §=9y' o�' � o ! w$� 3 �� gi gtr 11011
% p s fi_ '=y 'is ..ir 1 —, ^ II—
pli< i i P, € °111 Z== " 97 ; s Will
lig g It waitt' 11 a e 2101l1
LI 06R 3d&fi i e SL1 5 r s8 m2Ei P eE` i l5 i s hii avi.pe l ,m— z a
m a" Mm° z §° Y v� I ''40 ir u >9 ,ii�� a
g d 01,P; lg °Fo Via= 1 � ✓, II `:,�` i.
ng IT ° _ g2II 641g� 9q 1g! a lag 41 a
g€ :,T Oi6 Ng E g4§4 6 s W
gy mg _ E,
i CE) I/ 111. Ilii , 51 1
t 404, Its m fo.- ot,
1,,11 4318§ i p5 0, Y € -Yi z! 5 8 !Ill
E; a , z5 5! �� � & r s� z s . fill 1100 'Iiir �, gill
of !gin ,6 IN gga .i - o e040,.;'q9w. ge pig o T h aE: sF g r:
2! 8 4 OP 8 7 G o* . gA $gam� ' p. . 6 o§ iii ig42 11 i x i.. rOr-
gill
�Z ��g` �� 4E :. F e "aa Oir;
O! 41 lig1191 iq
=G ! gb <l o a °��<ii g2 8 (2)
', T1 To Ei Fa P8C .t g €3 f a
b 1E �� g�g s� m5� � �:aLL�€� �'<' � Wc�g�� , g�9 E°+ � � '� S � �� � Pg71 gn =�g
i : c €i "�S m ft : °N° X20 �P 12!4b z e k,ii oa Wi 6' 6 e i. b =5 g e`' B g 9
3wo6�I i2 _'_- � Wwd� § 0� 1q 1 HI 42 gin
P G7 °a p� 64.,°-E4 b° o; 'Igile6 me "l 412i 7i m S P 7 17 4g o �,a 44
i := _ ,4 � ,5g g 2E8 3l ,,,1*, 2 i t " P2W ills '1" 3 s1 1 ffi 3Pig!.
Y§ _l '_„ fill ese �5 E o ;Aitz6 � f mo Niel 2=g g I ma Y 2 :t D "ia ?
. B10Z oma �s 14dtilg6 Ili k- � �<s HMO IR 4 nki !Rs lgR 3a @ 'i I„ol
M..WS..1,- 60MTKLY0 alma...p.m Nd0 91./MI 90Am4d
RESOLUTION NO. 7599
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA,
APPROVING THE PRELIMINARY AND FINAL PLAT OF ST. MARY'S HENDERSON
ADDITION,A CONDITIONAL USE PERMIT FOR A SENIOR HOUSING FACILITY AND
OVERHEIGHT STRUCTURE,AND 15' AND 10'7" FRONT YARD SETBACK VARIANCES
IN THE OLD SHAKOPEE RESIDENTIAL(R1C) ZONE
WHEREAS, Scott County CDA, applicant, and Saint Mary's Church, property owner, have filed an
application received June 11, 2015, for a Preliminary and Final Plat of St. Mary's Henderson Addition, a
Conditional Use Permit to allow an overheight structure, and two front yard setback variances, under the
provisions of Chapter 11,Land Use Regulation(Zoning), of the Shakopee City Code, Section 11.30 &
Section 11.88, Subd. AA; and
WHEREAS,this parcel is located in the Old Shakopee Residential (R1C)Zone; and
WHEREAS,the property upon which the request is being made is legally described as;
Lots 1-10, Block 75 and the vacated Alley, Shakopee City, Scott County, MN; and
WHEREAS, notice was provided and on August 6,2015,the Planning Commission held a public
hearing regarding this application, at which it heard from City Planning staff and invited members of the
public to comment; and
WHEREAS,the City Council heard this matter at their meeting on August 18, 2015; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee,Minnesota,
that it adopts the following findings relative to the request for the Conditional Use Permit:
FINDINGS—CONDITIONAL USE PERMIT
Criteria#1 The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for
the purposes already permitted,nor substantially diminish and impair property values within the immediate
vicinity;
Finding#1: The City Council has not received any evidence that the use will be injurious to the use and enjoyment of
other property in the vicinity, if conducted in accordance with proposed conditions. Surrounding structures exceed the
height requirement of the zone with lesser setbacks than what the applicant has proposed The proposed senior housing
facility has fewer units than what City Code allows on the site for density.
Criteria#2 The amendment of the conditional use will not impede the normal and orderly development and
improvement of surrounding vacant property for uses allowed in the area;
Finding#2: The City Council finds that the conditional use permit for a senior housing facility and over-height
1
structure will not impede the normal and orderly development and improvement of surrounding property.
Criteria#3 Adequate utilities,access roads,drainage,and other necessary facilities have been or will be
provided;
Finding-43.- The City Council finds that adequate utilities, access, drainage and other necessary facilities have been or
will be provided for the site.
Criteria#4 The use is consistent with the purposes of the zone in which the applicant intends to locate the
proposed use; and
Finding#4 The City Council finds that this use is consistent with the purposes of the Old Shakopee Residential(R1 C)
Zone.
Criteria#5 The use is not in conflict with the Comprehensive Plan.
Finding#5 The City Council finds that the use is not in conflict with the Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota,
that it adopts the following findings relative to the request for the front yard setback variances:
FINDINGS—VARIANCE
Criterion 1
The strict enforcement of the ordinance provisions would cause practical difficulties because of circumstances unique to
the individual property under consideration. Practical difficulties means the following:
1.A.The property owner proposes to use the property in a reasonable manner not permitted by the zoning
ordinance:
Finding 1.A. The proposed building has front yard setbacks greater than other buildings in the area.
1.B.The plight of the landowner is due to circumstances unique to the property;
Finding LB. The property is unique in that it has 3 street frontages, which limit the buildable area on the site because
of front yard setbacks being applied to two street frontages and a street side setback being applied to the 3rd street
frontage.
1.C.The circumstances were not created by the landowner;
Finding 1.C.
The lot has two front yards and there are less than 3 other structures on the block, requiring the strict application of a
30'front yard setback to both front yards. The zoning ordinance allows for a reduction of the front yard setback when
the average setback of 3 or more structures on the block is less than 30'.
1.D.The variance,if granted,will not alter the essential character of the locality; and
Finding 1.D. The variance would not alter the character of the locality. Structures in the area have front yard setbacks
significantly less than the required 30'.
1.E.The problems extend beyond economic considerations.Economic considerations do not constitute a practical
difficulty if reasonable use for the property exists under the terms of the ordinance.
Finding 1.E. The request is not economic in nature, the variance request allows for construction of a senior housing
facility on a lot with setbacks similar to other existing surrounding institutional uses in the area.
Criterion 2
It has been demonstrated that a variance as requested will be in keeping with the spirit and intent of the Zoning
Ordinance.
Finding 2 The proposed variance would in keeping with the spirit and intent of Chapter 11 by the fact that there is
currently an allowance in City Code for structures to have front yard setbacks less than 30'when there are other
structures on the block with front yard setbacks less than 30'.
Criterion 3
The request is not for a use variance.
Finding 3 The request is not a use variance.
2
Criterion 4
Conditions to be imposed by the City Council will insure compliance to protect the adjacent properties.
Finding 4 The conditions listed below for the variance will regulate the use of the property by providing for ways of
mitigating the impact of a reduced front yard setback.
Criterion 5
Variances in the flood plain overlay zone also shall meet the following criteria:
Finding 5 (Not applicable since this property is not within the flood plain overlay zone.)
NOW THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Shakopee,
Minnesota that the Preliminary and Final Plat of St. Mary's Henderson Addition, Conditional Use
Permit for a senior housing facility,overheight structure,and two front yard setback variances is hereby
approved subject to the following conditions:
The following items need to be addressed/completed prior to release of the Final Plat for recording:
1. Provide electronic files(AutoCAD and Portable Document Format—PDF)of the Final Plat to be recorded with
datum on the Scott County coordinate system.
2. Payment of Park Dedication fees in accordance with the current fee schedule at the time of recording of the
plat.At this time the rate is$4,450/unit for The Henderson(Lot 2).Payment of Park Dedication Fees on Lot 1
(St.Mary's Church)is waived.
3. Right-of-way,in the form of sight triangles fifteen(15)feet in dimension,will be provided at each public street
intersection.
4. Easements will be shown on the Final Plat as approved by the City Engineer. They include,but are not be
limited to the following:
• Provide a minimum of ten(10)feet of drainage and utility easement adjacent to the 5th Avenue,6th Avenue,
and Sommerville Street rights-of-way. A 5'easement shall be dedicated along Lewis Street from the corner of
5th Avenue and adjacent to the existing church building. South of the existing church building a 10'easement
along Lewis Street must be dedicated.
• Provide electronic files(AutoCAD and Portable Document Format—PDF)of the Final Plat to be recorded with
datum on the Scott County coordinate system.
The following items must be addressed/completed prior to approval of a grading permit and/or a building permit:
1. The applicant should further evaluate the proposed parking stalls to the north and south of the underground
parking access to Sommerville Street. They may impact the sight distance for traffic entering Sommerville
Street.
2. A commercial driveway and cross-pan is required at each proposed access per City of Shakopee Standard
Detail Plate 5006.
3. Should any portion of public sidewalk not be located within dedicated rights-of-way,an appropriate easement
will be dedicated.
4. The applicant will grade the entire site,as proposed on the approved plans,in one phase within one(1)year
from the date of approval of the grading permit application. Grading is defined as bringing the site to the
proposed finished grade with materials deemed acceptable by the City of Shakopee Engineering Department,
providing topsoil per City requirements and applying seed,mulch and/or sod per City requirements.
5. The applicant will provide PDFs of the coverage cards and letters of the site's National Pollutant Discharge
Elimination System(NPDES)construction site permit.
6. The applicant's storm water management plan does not address treatment of storm water runoff from the site.
Per Section IV.B of the City of Shakopee's Water Resource Management Plan(WRMP),storm water quality
treatment is required. The WRMP allows flexibility on how to address treatment.
7. The proposed private storm sewer serving the interior drainage of the site will be removed from within
dedicated drainage and utility easements unless it's a crossing to connect to the public system. All storm sewer
pipe in easements and rights-of-way will be reinforced concrete pipe.
8. The applicant will verify the proposed landscaping plan is in compliance with the most recent version of the
City of Shakopee's Easement Fencing and Landscaping Policy.
3
9. No landscaping will be allowed in drainage and utility easements,unless a detailed plan is submitted clearly
showing how the site will be served by private utilities.Prior to submittal,all applicable private utility
companies will need to review and approve this plan before grading or tree removal takes place.
10. The Applicant must provide a landscape plan which meets the requirements of Sec 11.60 Subdv. 8&9.
11. A financial security in form of cash escrow or letter of credit must be issued to the City,in accordance with
Sec 11.60 Subdv. 8&9.
12. The Applicant must replace 60%of the total diameter inches of boulevard trees being removed.Each
replacement tree is worth 2 diameter inches,regardless of size at planting. These trees are to be planted within
the boulevard in the surrounding area of the project,with locations/species at the discretion of the City's Public
Works Department.
13. Building design,number of units,and building materials must match approved plans.
14. Building setbacks and building height must match approved plans.
15. The applicant must provide an easement or shared parking agreement allowing use of 30 surface parking
spaces on The Henderson site for Saint Mary's Church for church services or other events. The easement or
shared parking agreement must be reviewed and approved by the City Attorney. The applicant must record the
approved easement or shared parking agreement at Scott County Land Records.
16. Sidewalks within the development must be retained and repaired if damaged during construction.
17. Any unused curb cuts or driveway accesses to streets must be removed.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota,
held the day of , 2015.
Mayor of the City of Shakopee
Attest:
Lori Hensen,Acting City Clerk
4