HomeMy WebLinkAboutFinding of Fact F8 & F9 - EssentialDesign.LUP2015-004 and ZoneAmendR2015-005 Finding of Facts BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
In Re: Land Use Plan Amendment#R2015-004 Findings of Fact,
and Zoning District Amendment#R2015-005 Conclusions of Law,
and Order
On September 9, 2015, the Common Council of the City of Rochester conducted a public
hearing, with notice to the public, to hear the application of Essential Decisions, Inc., ("Applicant")
to consider an amendment to the land use plan designation for property located west of 18th
Avenue N.W., and north of 55th Street N.W. ("Site"). The Applicant seeks to change approximately
6.75 acres of land on the Site from the "low density residential" designation to the "medium density
residential" designation. The Applicant also seeks a zoning district change for approximately 6.75
acres of land on the Site from the R-1x Zoning District (mixed single family extra) to the R-3 Zoning
District (medium density residential).
At the September 9th public hearing, all interested persons were given an opportunity to
give testimony and make presentations concerning the application. During the September 9th
public hearing, the Council received into the record and considered: (1) materials included as part
of the Council agenda packet and (2) hard copies of a presentation provided by the Applicant's
representative. All documents are on file with the City Clerk.
Following the public hearing, the Council considered and discussed the entire matter.
Based upon all of the testimony and evidence presented at the September 9th public hearing, the
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Council made the following findings of fact, conclusions of law, and order.
FINDINGS OF FACT
1. The Site is currently undeveloped but is part of the Homestead Second Subdivision.
2. The Site is presently designated on the Future Land Use Plan for "Low Density
Residential" use. The Applicant seeks to amend approximately 13.5 acres of the Site's land
use designation to the "Medium Density Residential" use designation. The Applicant also
seeks a zoning district change for 6.75 acres of the Site from its current R-1x Zoning District
designation to the R-3 Zoning District.
3. To the north of the Site, there is Crimson Ridge Subdivision which is part of the R-1
(Mixed Single Family) Zoning District as well as the Crimson Ridge Second Subdivision and is part
of the R-2 (Low Density Residential) Zoning District. To the south of the Site, there is 55th Street
N.W., and vacant land zoned as R-1 (Mixed Single Family) Zoning District. To the west of the
Site, there is Hunter Hills Subdivision which is zoned as R-1 (Mixed Single Family) Zoning
District. To the east of the Site, there is a holding pond with trails for active recreation as well
as existing assisted living and memory care facility, which is part of the Homestead Second
Subdivision and owned by Homestead at Rochester, LLC.
4. The property has frontage along, and access off of, 55th Street NW. The access
from 55th Street is shown as a private street. This roadway will serve the independent living
and memory care facility. There are two other access points serving the facility, both private
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roadways. One access is from 18" Avenue NW named Ballington Blvd. NW. The northerly
access connects to Crimson Ridge Drive NW and is named High Pointe Ln NW.
5. The Applicant has filed a general development plan for the Site. The GDP consists
of 13.66 acres with private roadways and trails. There are multiple two-story buildings
consisting of a 32-unit memory support facility, a 30 unit assisted living facility with a mini-
town center, and a 48 unit senior apartment. The request is for the expansion of residential
development consisting of a total of 110 units.
Land Use Plan Amendment
6. The Land Use Map reflects the policies and goals of the Land Use Plan.
7. Chapter II, Policies and Recommendations, of the Future Land Use Plan for the
Rochester Urban Service Area recommends 21 Growth Guidelines of which ten are part of the
Recommended Growth Pattern which constitute the general policy basis of the Plan. The
applicable guidelines are as follows:
A. Growth should occur in conjunction with community services and facilities
and existing growth centers and should be exemplified by the illustration of
the Multiple Growth Center Concept.
B. All municipal service areas should be well defined and developed to
accommodate and encourage new development.
C. Medium and high-density housing should be developed in close proximity
to commercial, industrial, and institutional centers and public facilities and
services.
D. Industrial development should be concentrated in industrial parks and should
be permitted only in existing or planned public facility service areas.
E. Commercial development should be concentrated in growth centers, with
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regional, community and neighborhood shopping facilities provided in the
Rochester area and community commercial activities in the smaller growth
centers.
F. Strip commercial development should be prohibited. Commercial
development should be concentrated in clusters.
G. Where possible, growth patterns should be structured so as not to interfere
with residential neighborhoods, prime agricultural land, and significant
environmental areas. Prime agricultural land should be preserved.
H. Nonprime agricultural land and environmental areas located beyond
designated growth areas should be retained for agricultural or open space
uses where possible.
I. Residential development occurring in agricultural areas should be of very
low-density, should be prohibited from locating in areas with existing uses
(such as feedlots) which are incompatible with residential uses, should be
located in close proximity to urban service areas, and on nonprime
agricultural land where possible.
J. Preserve land, which has a unique recreational, geological, or
environmental significance.
8. Chapter III of the Land Use Plan states, in part, that before land is desirable for
medium density residential and commercial uses, it must exhibit a number of important features
including those expressed in the following location criteria found in Chapter II:
A. The plan designations have been made based not only on locational
factors but also on projected demand for various uses. Thus, a site that
may be suitable for either a commercial or a residential use may be
designated on the plan for residential purposes based on projected land
area needs. Within limits of projected needs (with allowances made for
an excess of land supply over demand for each use designation), only the
best sites have been identified for uses with greater intensity of use than
low-density residential use.
B. An important goal of the Land Use Plan is to accommodate and
encourage mixed density and mixed use development. While the
locational criteria indicate suitability for the predominant use and the level
of intensity of use in an area, it is not intended to designate areas
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exclusively for the uses indicated.
C. The Plan reflects the broad assumption that all of the urban service area
is developable and can be put to reasonable private use. At the scale of
specific parcels examined through detailed general development plans,
some areas have limitations of terrain and other site constraints that make
them unsuited for conventional development. In such cases, the Plan
designation does not imply a right to develop in a conventional manner,
but instead to realize a reasonable overall use sensitive to site
constraints. Eventual use of sites with steep slopes, wetlands and other
site constraints may include clusters of uses on readily developable parts
of the site with sensitive areas left as public or private open space.
D. The locational criteria for all the use designations reflect considerations of
access, traffic characteristics, and road characteristics; other public
infrastructure; proximity to other uses (especially those that can be
nuisances for residential uses); and terrain. Due to their reliance on high
capacity streets capable of handling large volumes of traffic and heavy
commercial vehicles, the application of locational criteria for industrial use
should be heavily weighted toward those criteria applying to the
transportation system. Consistent with the overall intent of the Plan, other
locational criteria for industrial uses should be evaluated as desirable but
not essential site characteristics.
9. The Planning Department staff applied the Rochester Urban Service Area Land Use
Plan's "Medium Density Residential" location criteria in processing that part of this application
seeking to change the land use designation of 13.5 acres of the Site to the "Medium Density
Residential" designation. Those criteria are:
A. Having level to fairly rolling terrain, outside flood prone or poorly drained
areas with steep slopes.
B. In close proximity to commercial area, employment centers, recreation areas
or other facilities that serve smaller households.
C. Having good access by means of collector, arterial and expressway and
transit systems to employment centers, commercial areas and community
facilities.
D. Buffered from the adverse influences of commercial, industrial and other
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incompatible activities.
10. The Planning Department staff report, dated August 6, 2015, applied the above
criteria to the Site and suggested the following findings of fact:
A. The 13.66 acres has fairly level to rolling terrain. There was a previously
approved General Development Plan and grading activity on the site for
the existing memory care and assisted living facility.
B. The site is within walking, biking, and a short car ride away to a wide
variety of commercial uses that will support a smaller household. There is
currently a designated bus route (route 12) which stops at Crimson Ridge
Drive NW that will allow for public transportation to many areas of
Rochester including the downtown and additional employment centers
and recreation centers in the community.
C. The property has frontage along, and access off of, 55th Street NW. The
access from 55th Street is shown as a private street. This roadway will
serve the independent living and memory care facility. There are two
other access points serving the facility, both private roadways. One
access is from 18th Avenue NW named Ballington Blvd. NW. The
northerly access connects to Crimson Ridge Drive NW and is named High
Pointe Ln NW.
The site is within walking, biking, and a short car ride away to a wide
variety of commercial uses that will support a smaller household. There is
currently a designated bus route (route 12) which stops at Crimson Ridge
Drive NW that will allow for public transportation to many areas of
Rochester including the downtown and additional employment centers
and recreation centers in the community.
D. There is a reasonable separation from the adjacent residential areas to
the north and to the west of the site which will serve as a buffer between
uses. Parking is strategically located as close to the facilities as possible
with some underground parking proposed.
11. Based upon the recommended findings of fact as found in the August 6, 2015, staff
report, the Planning Department staff recommended approval of the Land Use Plan Amendment.
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12. On August 22, 2015, the Planning and Zoning Commission held a public hearing to
review the proposed land use plan amendment. The Commission recommended the approval of
Land Use Plan Amendment #R2015-004LUPA based upon the Planning Department's
recommended findings of fact.
Zoning District Amendment
13. Rochester Code of Ordinances (RCO) §60.338 provides that the Council shall
approve a petition to amend the zoning map or the text of the zoning ordinance if the amendment
satisfies one of the following criteria:
A. The area, as presently zoned, is inconsistent with the policies and
goals of the Comprehensive Plan;
B. The area was originally zoned erroneously due to a technical or
administrative error;
C. While both the present and proposed zoning districts are consistent
with the Plan, the proposed district better furthers the policies and
goals of the Comprehensive Plan as found in Chapters 2 and 3 of the
Rochester Urban Service Area Land Use Plan, Chapter 3 of the
Housing Plan, and Chapter 10 of the ROCOG Long Range
Transportation Plan; or
D. The area has changed or is changing to such a degree that it is in the
public interest to rezone so as to encourage development or
redevelopment of the area.
14. R.C.O. §60.338 also provides that the Council shall approve a petition to amend the
zoning map or the text of the zoning ordinance if the amendment satisfies all of the following
criteria:
A. the permitted uses allowed within the proposed zoning district will be
appropriate on the subject property and compatible with adjacent
properties and the neighborhood; and
B. the proposed amendment does not involve spot zoning. (Spot Zoning
involves the classification of a single lot or several small lots to a
district which is different than that assigned to surrounding properties,
for reasons inconsistent with the purposes set forth in this ordinance,
the state enabling legislation, or the decisions of courts in this state.)
15. The Planning Department staff report, dated August 6, 2015, suggested the
following findings of fact concerning the proposed R-3 rezoning:
A. The area has already been developed for assisted living, memory
care and senior housing. The proposal encourages redevelopment
of the area.
B. Medium density residential uses are proposed on the 13.5 acres.
Uses within the R-3 Zoning District would be appropriate on the
property and compatible with adjacent properties. According to the
City of Rochester Zoning Ordinance, the R-3 zoning district is
intended to maintain areas developed predominantly with multi unit
residential buildings outside of the Central Development Core, or
areas of existing low density development where the need to
encourage redevelopment has been identified on the Land Use
Plan.
C. The existing zoning district to the east of the site is the R-3
(Medium Density Residential) Zoning District. Medium Density
Residential is not only adjacent to this site but compatible with the
surrounding residential districts.
16. Based upon the recommended findings of fact as found in the August 6, 2015, staff
report, the Planning Department staff recommended approval of this zone change request.
17. On August 22, 2015, the Planning and Zoning Commission held a public hearing to
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review the proposed rezoning request. The Commission recommended the approval of Zoning
District Amendment#R2015-005zc based upon the Planning Department's recommended findings
of fact.
18. At the September 9t" public hearing before the Common Council, the Applicant's
representative appeared and gave a presentation in support of the application.
CONCLUSIONS OF LAW
1. This matter is properly before the Common Council pursuant to Minn. Stat.
§462.355, subdivisions 2 and 3, and §462.356.
2. By the greater weight of the evidence and testimony presented at the hearing, the
Common Council of the City of Rochester determines that the Land Use Plan and Land Use Map
should be amended, upon consideration of the goals, objectives, strategies and policies of the
current Urban Service Area Land Use Plan. The proposed Land Use Plan amendment is
consistent with the existing Land Use Plan.
3. By the greater weight of the evidence and testimony presented at the hearing, the
Common Council of the City of Rochester hereby determines that the Applicant has satisfied the
criteria at R.C.O. §60.338 for a zoning district change for the Site to the R-3 Zoning District. The
proposed zone change would be consistent with the current land use plan, as amended, for the
Site.
ORDER
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The Common Council of the City of Rochester, pursuant to Minn. Stat. §462.355,
subdivisions 2 and 3, does hereby order that the Applicant's request for an amendment to the
Land Use Plan so as to amend the Site's current land use designation of "Low Density
Residential" to "Medium Density Residential" (Land Use Plan Amendment #R2015-004LUPA) be
in all things approved.
The Council does also hereby order that the Applicant's request for a zoning district change
for an amendment to the zoning district designation for the Site from the R-1x Zoning District
designation to the R-3 Zoning District (Zoning District Amendment#R2015-005zc) be in all things
approved.
Dated at Rochester, Minnesota this day of September, 2015.
Randy Staver, President
City of Rochester Common Council
Approved at Rochester, Minnesota this day of September, 2015.
Ardell F. Brede
Mayor of the City of Rochester
Fof.Zonel 5/LU P.ZON E.03
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