HomeMy WebLinkAboutFinding of Fact - GeneralDevelopPlan#347.Stonewood
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
___________________________________
In Re: General Development Plan Findings of Fact,
#347 (Stonewood) Conclusions of Law,
and Order
___________________________________
On August 6, 2018, the Common Council of the City of Rochester held a public hearing,
upon notice to the public, to consider the Planning and Zoning Commission's findings of the public
hearing held on June 27, 2018, in response to the application for General Development Plan #347
(Stonewood).
At the August 6, 2018 public hearing, all interested persons were given an opportunity to
give testimony and make presentations concerning the application.
Based upon the evidence presented at the hearing, the Common Council of the City of
Rochester does hereby make the following findings of fact, conclusions of law, and order.
FINDINGS OF FACT
1. At its June 27, 2018, public hearing on this application, the Planning and Zoning
Commission considered the issue of whether General Development Plan #347 satisfied the
conditions of ROCHESTER, MINN., CODE ORDINANCES §61.215 (2013).
2. R.C.O. §61.215, subd. 2, provides that a general development plan must comply
with all of the following criteria:
A. The proposed land uses are generally in accord with the adopted zoning
map. If the general development plan is being processed concurrently
with a rezoning request, the general development plan and the rezoning
request must be consistent with the comprehensive plan. If the general
development plan is being processed concurrently with an amendment to
the land use plan map and a rezoning request, the land use plan map
amendment, rezoning request and general development plan must be
consistent with the policies of the comprehensive plan. If there is
inconsistency between these documents, the means for reconciling the
differences must be addressed.
B. The proposed development, including its lot sizes, density, access and
circulation are compatible with the existing and/or permissible future use
of adjacent property.
C. On-site access and circulation design for pedestrians, bicyclists, transit
vehicles and patrons and private vehicles, and integration of these
facilities with adjacent properties will support the safe travel of persons of
all ages and abilities by minimizing vehicular, pedestrian and bicycle
conflicts through the use of appropriate traffic calming, pedestrian safety,
and other design features appropriate to the context.
D. The mix of housing is consistent with adopted Land Use and Housing
Plans.
E. The proposed plan makes provisions for planned capital improvements
and streets reflected in the City of Rochester's current 6-Year Capital
Improvement Program, adopted Thoroughfare Plan, the ROCOG Long-
Range Transportation Plan, Official Maps, and any other public facilities
plans adopted by the City. Street system improvements required to
accommodate proposed land uses and projected background traffic are
compatible with the existing uses and uses shown in the adopted Land
Use Plan for the subject and adjacent properties.
F. On and off-site public facilities are adequate, or will be adequate if the
development is phased in, to serve the properties under consideration
and will provide access to adjoining land in a manner that will allow
development of those adjoining lands in accord with this ordinance.
1. Street system adequacy must be based on the street system's ability to
safely accommodate trips from existing and planned land uses on the
existing and proposed street system without creating safety hazards,
generating auto stacking that blocks driveways or intersections, or
disrupting traffic flow on any street, as identified in the traffic impact
report, if required by Section 61.523(C). Capacity from improvements
in the first 3 years of the 6-year CIP shall be included in the
assessment of adequacy.
2. Utilities are now available to directly serve the area of the proposed
land use, or that the City of Rochester is planning for the extension of
utilities to serve the area of the proposed development and such
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utilities are in the first three years of the City's current 6-Year Capital
Improvements Program, or that other arrangements (contractual,
development agreement, performance bond, etc.) have been made to
ensure that adequate utilities will be available concurrently with
development. If needed utilities will not be available concurrent with
the proposed development, the applicant for the development approval
shall stipulate to a condition that no development will occur and no
further development permit will be issued until concurrency has been
evidenced.
3. The adequacy of other public facilities must be based on the level of
service standards in Section 64.130 and the proposed phasing plan
for development.
G. The drainage, erosion, and construction in the area can be handled
through normal engineering and construction practices, or that, at the time
of land subdivision, a more detailed investigation of these matters will be
provided to solve unusual problems that have been identified.
H. Wetlands and Edge Support Areas (as defined in Chapter 59) will be
managed consistent with Chapter 59 and, where applicable, in such a
way as to maintain the quality and quantity of groundwater recharging
lower aquifers and to protect discharge, interflow, infiltration and recharge
processes taking place; provided, however, the Council may waive this
requirement under the provisions of Chapter 59.
I. The lot, block, and street layout for all development and the lot density for
residential development are consistent with the subdivision design
standards contained in Section 64.100 and compatible with existing and
planned development of adjacent parcels.
J. If the eventual platting of the area involves approval of a Type III Land
Subdivision Permit, the proposed development must satisfy one of the
following categories of development:
1. A development bounded on all sides by arterial or higher level
streets, streams or other topographic constraints, existing
development, land already included in an approved General
Development Plan, or permanent open space that limits the
inclusion of other abutting lands;
2. A development with adequate public facilities and constituting
the entire remaining service area of a major public facility
improvement (such as a trunk sewer or water tower) that has
been identified as a project in the Capital Improvement
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Program;
3. A development that consists of at least 80 acres in land area
regardless of ownership or interest, and consists of all lands for
which the applicant has ownership or interest; or
4. A development for which a development agreement has been
executed by the owner and the city for the entire property
included in the proposed general development plan. The
development agreement must have been drafted based on the
development of the property occurring as proposed in the
general development plan.
K. The Plan is in compliance with the Comprehensive Plan, and the
Complete Streets policy of the City.
L. Where specific building footprint or layouts are identified on the Plan; the
Plan demonstrates that pedestrian access to the customer/tenant
ingress/egress locations in of the building(s), from facilities in both the
public right-of-way, and off-street parking areas that serves the use are
designed to minimize bicycle, pedestrian and vehicular conflicts.
3. R.C.O. §60.532 (5) authorizes the approving body to impose modifications or
conditions to the extent that such modifications or conditions are necessary to insure compliance
with §61.215.
4. The Planning Department staff reviewed the General Development Plan application
using the criteria found at section 61.215, subd. 2, and recommended the following findings of fact:
A. This GDP proposes low-density residential development, within the R-1
zoning district. This is consistent with the land use designation for the
property, which is “low density residential.”
B. The density and lot sizes for the development are consistent with the
Land Use Plan. The proposed development identified 28 single family
residential lots on 41 acres. The density of the development is 1.02
dwellings per acre.
To the west of the proposed development is the Bamberwood
Subdivision, an established, low-density residential subdivision in the R-
Sa (Mixed Single Family Overlay District) zoning district. To the south of
the proposed development is the Barony Woods Subdivision, an
established low-density residential subdivision in the R-1 (Mixed Single
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Family) zoning district.
C. Sidewalks will be required on both sides of all proposed public streets.
The proposed development identifies a 15 foot pedestrian easement
along the western boundary of the site, a possible future connection to
the existing Bamberwood First Subdivision to the west.
D. The site is located in the R-1 (Mixed Single Family) zoning district. The
only allowed use in the R-1 district is single family homes, which are
considered low-density development.
E. This development will take access from Thaddeus Drive SW and
Valleywood Drive SW.
Any necessary improvements to surrounding roadways will be addressed
in the Development Agreement.
F. Street connections are being made to the existing Barony Wood
Subdivision to the south, and the extension of Valleywood Drive SW from
the east. This development does not meet the threshold for a traffic
impact report.
The site will be served by an 8 inch watermain that currently dead ends at
Thaddeus Street on the south side of the proposed development.
Sanitary sewer will be directed northeast in an 8 inch line that will be
installed on the Valleywood Drive SW right of way to connect at the
rd
intersection of 33 Street SW and Commercial Drive SW.
This property is within the Willow High Level Water System Area, which is
available at the end of Thaddeus Road SW. Static water pressures within
this area will range from the upper 50s to the mid 80s PSI depending on
final grades.
The water main in the cul-de-sac streets will be looped where practical
and water mains must be extended to adjacent properties and to the limits
of the new roadway pavement connection at 30th Street SW.
Sidewalks and boulevard trees will be required during the platting
process.
G. An approved Grading and Drainage Plan is required for this development
prior to the submittal of the Final Plat. Ownership and maintenance of
any on-site Storm Water Management Facilities will need to be addressed
as part of the Grading Plan approval process.
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The GDP indicates a stormwater pond on the property, as well as a 20
foot drainage easement in the southwest of the site.
H. This area is located within the Decorah Edge Support Areas and is
covered by the City Wetland Conservation Ordinance.
A wetland delineation has been carried out for the property and is on file
with the Planning Department. The wetland delineation was completed in
2006. An updated delineation will be required for the project, as required
by the Wetland Conservation Act.
The proposed grading and development does not intend to disturb land in
the edge support area or wetlands.
I. The GDP is consistent with the design standards for single family
housing.
J. The site is bounded by existing development to the south and west. To
the north of the site is Highway 52. To the east is a 7.2 acre lot improved
with a single family dwelling. There is a significant change in topography
on that site which will limit any future subdivision of this parcel to permit
additional residential lots.
It is anticipated that a Development Agreement will be executed.
K. The proposed development is consistent with the Comprehensive Plan
and Complete Streets Policy. All public streets will be required to have
sidewalks, and the development proposes a 15 foot pedestrian easement
along the western boundary of the site.
L. Building footprints are not identified on the Plan. The proposal is for a single-
family residential subdivision with 28 lots on 41 acres.
5. Based upon its recommended findings of fact, the Planning Department staff
recommended approval of the General Development Plan subject to the following conditions:
A. The General Development Plan must be updated with the following
information:
(1) Density must be shown by stating that the proposed GDP area will
be "low density residential.”
(2) Topography must be identified on the GDP, with contour intervals
of not more than 5 feet.
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(3) Slopes over 15% must be identified on the plan.
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(4) The roadway named 30 Street S.W., will need to be renamed
Valleywood Road S.W.
(5) An additional roadway name is required for the western cul-de-sac
identified as Stonewood Lane S.W., on the GDP.
B. There are inadequate on and off site public facilities, specifically Public
Roadways, Sanitary Sewer, Water, and Storm Water Management
Facilities, existing to accommodate the development of this Property. No
development will be allowed to occur until the City Council has
determined that all required public facilities are adequate for said
development. The developer may request to join with the City in making
these inadequate public facilities adequate for this development, and may
request the City prepare a development agreement for Owner’s execution
prior to recording the Final Plat, that outlines the Developer's and City's
obligations related, but not limited to: access, stormwater management
(including any obligations for on or off-site facilities), transportation
improvements (including any off-site improvements), pedestrian facilities,
contributions for existing & future public infrastructure, and the extension
of public utilities to abutting properties where applicable.
C. An approved Grading and Drainage Plan is required prior to Final Plat
submittal.
D. Ownership and perpetual maintenance of proposed Outlot “A” shall be
addressed as part of the development agreement and grading plan
approval.
E. Payment in lieu of parkland dedication is required prior to recording the
final plat.
F. An updated wetland delineation will be required prior to submittal of the
Final Plat. If the wetland boundary changes, updated site capacity
calculations will also be required prior to submittal of the Final Plat.
G. Execution of a City-Owner Contract, and dedication of any applicable
public easements, is required prior to constructing public infrastructure to
serve this development.
H. The fees and obligations applicable to the development of this property
will be addressed in the Development Agreement and /or will be specified
in the City-Owner Contract.
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6. At its June 27, 2018, meeting, the Rochester Planning and Zoning Commission
held a public hearing on this General Development Plan, reviewed the application according to the
requirements of section 61.215, subd. 2, adopted the Planning Department’s recommended
findings of fact, and recommended approval of the General Development Plan application subject
to the above eight conditions of approval.
7. At the August 6, 2018 public hearing before the Common Council, the
Applicant’s representative appeared in support of the General Development Plan application
and indicated agreement with all of the recommended conditions of approval.
8. At the August 6, 2018 public hearing before the Common Council, the Common
Council concurred with and adopted as its own the findings of fact and recommendation of the
Planning and Zoning Commission subject to the eight conditions of approval as described
above.
CONCLUSIONS OF LAW
1. R.C.O. §61.215, subd. 2, provides that the Council shall approve a general
development plan if the following criteria are satisfied:
A. The proposed land uses are generally in accord with the adopted zoning
map. If the general development plan is being processed concurrently
with a rezoning request, the general development plan and the rezoning
request must be consistent with the comprehensive plan. If the general
development plan is being processed concurrently with an amendment to
the land use plan map and a rezoning request, the land use plan map
amendment, rezoning request and general development plan must be
consistent with the policies of the comprehensive plan. If there is
inconsistency between these documents, the means for reconciling the
differences must be addressed.
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B. The proposed development, including its lot sizes, density, access and
circulation are compatible with the existing and/or permissible future use
of adjacent property.
C. On-site access and circulation design for pedestrians, bicyclists, transit
vehicles and patrons and private vehicles, and integration of these
facilities with adjacent properties will support the safe travel of persons of
all ages and abilities by minimizing vehicular, pedestrian and bicycle
conflicts through the use of appropriate traffic calming, pedestrian safety,
and other design features appropriate to the context.
D. The mix of housing is consistent with adopted Land Use and Housing
Plans.
E. The proposed plan makes provisions for planned capital improvements
and streets reflected in the City of Rochester's current 6-Year Capital
Improvement Program, adopted Thoroughfare Plan, the ROCOG Long-
Range Transportation Plan, Official Maps, and any other public facilities
plans adopted by the City. Street system improvements required to
accommodate proposed land uses and projected background traffic are
compatible with the existing uses and uses shown in the adopted Land
Use Plan for the subject and adjacent properties.
F. On and off-site public facilities are adequate, or will be adequate if the
development is phased in, to serve the properties under consideration
and will provide access to adjoining land in a manner that will allow
development of those adjoining lands in accord with this ordinance.
1. Street system adequacy must be based on the street system's
ability to safely accommodate trips from existing and planned land
uses on the existing and proposed street system without creating
safety hazards, generating auto stacking that blocks driveways or
intersections, or disrupting traffic flow on any street, as identified in
the traffic impact report, if required by Section 61.523(C). Capacity
from improvements in the first 3 years of the 6-year CIP shall be
included in the assessment of adequacy.
2. Utilities are now available to directly serve the area of the
proposed land use, or that the City of Rochester is planning for the
extension of utilities to serve the area of the proposed development
and such utilities are in the first three years of the City's current 6-
Year Capital Improvements Program, or that other arrangements
(contractual, development agreement, performance bond, etc.)
have been made to ensure that adequate utilities will be available
concurrently with development. If needed utilities will not be
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available concurrent with the proposed development, the applicant
for the development approval shall stipulate to a condition that no
development will occur and no further development permit will be
issued until concurrency has been evidenced.
3. The adequacy of other public facilities must be based on the level
of service standards in Section 64.130 and the proposed phasing
plan for development.
G. The drainage, erosion, and construction in the area can be handled
through normal engineering and construction practices, or that, at the time
of land subdivision, a more detailed investigation of these matters will be
provided to solve unusual problems that have been identified.
H. Wetlands and Edge Support Areas (as defined in Chapter 59) will be
managed consistent with Chapter 59 and, where applicable, in such a
way as to maintain the quality and quantity of groundwater recharging
lower aquifers and to protect discharge, interflow, infiltration and recharge
processes taking place; provided, however, the Council may waive this
requirement under the provisions of Chapter 59.
I. The lot, block, and street layout for all development and the lot density for
residential development are consistent with the subdivision design
standards contained in Section 64.100 and compatible with existing and
planned development of adjacent parcels.
J. If the eventual platting of the area involves approval of a Type III Land
Subdivision Permit, the proposed development must satisfy one of the
following categories of development:
1. A development bounded on all sides by arterial or higher level
streets, streams or other topographic constraints, existing
development, land already included in an approved General
Development Plan, or permanent open space that limits the
inclusion of other abutting lands;
2. A development with adequate public facilities and constituting
the entire remaining service area of a major public facility
improvement (such as a trunk sewer or water tower) that has
been identified as a project in the Capital Improvement
Program;
3. A development that consists of at least 80 acres in land area
regardless of ownership or interest, and consists of all lands for
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which the applicant has ownership or interest; or
4. A development for which a development agreement has been
executed by the owner and the city for the entire property
included in the proposed general development plan. The
development agreement must have been drafted based on the
development of the property occurring as proposed in the
general development plan.
K. The Plan is in compliance with the Comprehensive Plan, and the
Complete Streets policy of the City.
L. Where specific building footprint or layouts are identified on the Plan; the
Plan demonstrates that pedestrian access to the customer/tenant
ingress/egress locations in of the building(s), from facilities in both the
public right-of-way, and off-street parking areas that serves the use are
designed to minimize bicycle, pedestrian and vehicular conflicts.
2. R.C.O. §60.532 (5) authorizes the Council to impose conditions on its approval of a
general development plan.
3. By a substantial amount of the evidence and testimony presented at the August 6,
2018, public hearing, it is hereby determined by the Common Council of the City of Rochester that
General Development Plan #347 complies with the requirements of §61.215, subd. 2 subject to the
satisfaction of the eight conditions of approval as described above.
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ORDER
The Common Council of the City of Rochester, pursuant to R.C.O. §61.215, subd. 2, does
hereby approve General Development Plan #347 subject to the satisfaction of the eight conditions
of approval as described above.
Dated at Rochester, Minnesota this _____ day of August, 2018.
____________________________________
Randy Staver
President of the Rochester Common Council
Approved at Rochester, Minnesota this _____ day of August 2018.
______________________________
Ardell F. Brede
Mayor of the City of Rochester
FOF.Zone15\\GDP\\347AMD
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