HomeMy WebLinkAboutFinding of Fact - GenDevelopPlan324.RubiconCapitalLLC BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
In Re: General Development Plan Findings of Fact,
#324 Conclusions of Law,
and Order
On September 21, 2015, 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 August 26, 2015, in response to the application for General
Development Plan #324.
At the September 21St 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 August 26, 2015, public hearing on this application, the Planning and Zoning
Commission considered the issue of whether General Development Plan #324 satisfied the
conditions of ROCHESTER, MINN., CODE ORDINANCES §61.215 (2013).
2. R.C.O. §61.215 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
2
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
3
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 and recommended the following findings of fact:
A. The revised GDP identifies an extension of Forest Knoll Dr SE, providing
frontage and access to the two proposed commercial lots and the
proposed residential lot. If R2015-025PLAT is approved and a Final Plat
submitted and approved and recorded, satisfying ordinance requirements,
the R-3 District would be consistent with the secondary access point and
recommended access requirements of Section 63.127 and Section
63.147. If the vacation petition is denied, the GDP is inconsistent with
Maine Avenue SE's platted extension.
A land use plan map and zoning map amendment are being considered
concurrently with the GDP request. If the map amendments are approved,
then the GDP would be consistent with the Comprehensive Plan and
zoning map.
4
B. The proposed density, access and circulation design are compatible with
the existing and permissible future use of adjacent properties. If the
vacation petition is denied, then the GDP is inconsistent with the existing,
platted ROW.
The proposed residential density, about 27 units/acre and approximately
345-360 multi-family units, will generate approximately 2100-2300
average daily trips, requiring secondary access be identified and then
constructed before average daily trip generation breaches the 1200
threshold. The GDP identifies access points onto Maine Ave SE, Forest
Knoll Dr SE and the extension of Forest Knoll through the development,
which may provide additional access points.
The GDP has been revised to show Forest Knoll, a public street,
extending through the development and may serve as access for the
developments. To the south is an existing multi-family development,
located on R-3 Medium Density zoning. The proposed multi-family
development is therefore consistent with existing and permissible future
uses of adjacent property. The proposed commercial lots, regulated by
the M-1, are across from existing commercial developments on M-1 zoned
parcels.
C. The GDP identifies an extension for the public street Forest Knoll Dr SE,
with sidewalks, through the development. The GDP also identifies a
shared-use path on the east side along St. Bridget's Rd SE (CSAH 20).
On-site access and circulation design for pedestrians, bicyclists, transit
vehicles and patrons and private vehicles, and integration of these
facilities with adjacent properties supports the safe travel of all persons
and minimizes conflicts.
D. By meeting various socioeconomic needs and encouraging the mixed use
of single family and multifamily development within the area, developing
the property with medium density development would be consistent with
the Land Use Plan and Housing Plan. Prior to developing the property,
the Site Development Plan review process would need to be completed to
review the proposed development to ensure that it meets the R-3 zoning
district regulations. If the density or floor area ratio exceeds the permitted
Type I review allowed within the zoning district, the development would
need to be reviewed through the incentive development provisions.
E. The proposed development proposes to vacate the extension of Maine
Avenue SE and realign Forest Knoll Dr SE to connect to St. Bridget's Rd
SE.
F. The applicant has submitted a Traffic Impact Statement determination
waiver, signed by the City Engineer, waiving the requirement for any type
5
of traffic study. Note that this waiver does not apply to any County
requirement.
The applicant has identified access to the northeast commercial lot; it
shall be by public road access onto the Forest Knoll Dr SE extension, to
be platted.
The County has submitted referral comments in favor of the realignment,
with several conditions listed at the end of this report.
There is an existing Development Agreement recorded against this
Property. Certain terms of the Agreement are inconsistent with the
development depicted in the propose GDP. The GDP should not be
approved without a condition requiring the execution of a Supplemental
Development Agreement, to resolve any conflicting terms from the
existing Agreement and to address any new obligations resulting from the
current development proposal, prior to recording a final re-plat and/or
other final development plan approval for the this project.
Execution of a City-Owner Contract will be required if the extension of
public sanitary sewer, watermain, hydrants, or storm sewer is required
through the Site Development Plan review process.
This property is within the St. Bridget Intermediate Level Water System
Area, which is available at the current end of Maine Ave SE and along the
entire south side of the property within Outlot B. The water main must be
looped through the site to connect into both of these locations.
Public water main extensions will be required to adequately serve all 3 of
the areas shown.
Static water pressures within this area will range from the mid 70's to the
mid 80's PSI depending on final grades. The builders must install
pressure-reducing devices near the domestic water meters as required by
the Minnesota Plumbing Code in the higher pressures areas.
RPU will work with the applicant's engineering firm to develop the
necessary water system layout to serve this area.
There is an existing Development Agreement recorded against this
Property. Certain terms of the Agreement are inconsistent with the
development depicted n the propose GDP. The GDP should not be
approved without a condition requiring the execution of a Supplemental
Development Agreement, to resolve any conflicting terms from the
existing Agreement and to address any new obligations resulting from the
6
current development proposal, prior to recording a final re-plat and/or
other final development plan approval for the this project.
A Grading and drainage plan approval will also be required through the
development review process.
G. A Grading and drainage plan approval will be required through the
development review process.
H. A wetland related application has been approved by the City. This plan
incorporates the approved wetland plan.
I. The proposed lot, block and street layout is compatible with the existing
and planned future use of adjacent properties. If R2015-002VAC is
denied, then the GDP is not consistent with the existing, platted ROW.
The proposed density, about 27 units/acre and approximately 345-360
multi-family units, will generate approximately 2100-2300 average daily
trips, requiring secondary access be identified and then constructed
before average daily trip generation breaches the 1200 threshold. The
general development plan identifies a public street extension of Forest
Knoll Rd SE to St. Bridget's Rd SE (CSAH 20), which may be used as a
secondary access; County Public Works and City Public works are in
favor of this realignment. This revised proposal better satisfies Section
64.127 and 64.147.
J. The proposal satisfies criterion #1; the development is bounded on the
north, east and west by higher level streets and by existing development
to the south.
K. If the Land Use Plan Map amendment is approved, then the GDP is in
compliance with the Comprehensive Plan of the City with the re-
designation to medium density residential.
Additional site detail, such as pedestrian connections to the existing
adjacent public sidewalks/trails, will be reviewed at the time of a detailed
development review. Public sidewalks will be required along the entire
road frontages.
L. Building footprints have been struck from the revised plan. The
northwestern commercial lot is identified for sales and storage lot
development and the northeastern lot identified for office or retail. The
residential lot south of the proposed ROW extension has remained
identified for multi-family development consistent with R-3 density and
FAR standards. A shared-use path is identified along the east lot line,
7
along St. Bridget's Rd SE. Additional site details are reviewed at the time
of development review.
The GDP identifies a bufferyard `C' with a 10' width along the southern
edge of the commercial properties; this should be struck from the plan or
a revised statement included that indicates the bufferyard will be required
as per ordinance requirement when developed by the site development
plan review process.
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. Approval of this general development plan is contingent on approval of
R2015-002VAC, a vacation petition to vacate a portion of platted Maine
Avenue SE.
B. The proposed bufferyard `C" shall be struck from the general development
plan. Bufferyard requirements are enforced through final site approval,
such as site development plan review or conditional use permit review.
C. The general development plan shall identify any easements, proposed or
existing, including existing and proposed easements along the south lot
line of the proposed residential lot, including those required for utilities,
drainage and trails.
D. Access on CSAH 20 (St. Bridget's Road SE) shall be limited to right
in/right out; this shall be identified on the general development plan.
E. The applicant shall submit plans and cross section illustrating the location
of the required bike path/pedestrian way and report impacts on the ditch
along CSAH 20 (St. Bridget's Road SE). County Public Works shall
determine if additional right-of-way dedication is necessary. Final plat
submission shall reflect said determination of additional right-of-way
dedication.
F. Park dedication requirements must be met via: Cash in lieu of land with
payment due prior to recordation of the final plat.
G. Boulevard trees will be required for the development. Prior to the
development of the property, the Owner shall determine which of the two
available options, Payment Method or Install Boulevard Trees, will be
used to meet their boulevard tree obligations for each phase of
development. Once the option is selected, the Owner shall either make
applicable cash payment to the Rochester Park & Recreation Department
8
or submit a planting plan to the City Forester for a planting permit prior to
final development approval. Trees shall be planted every 35 feet.
H. There is an existing Development Agreement recorded against this
Property. Certain terms of the Agreement are inconsistent with
development depicted on the proposed GDP and preliminary plat.
Execution of a Supplemental Agreement is required, to resolve any
conflicting terms from the existing Agreement and to address any new
obligations resulting from the current development proposal, prior to
recording a Final Plat (re-plat) and/or other final development plan
approval for this Project.
I. Twenty (20) foot minimum public utility easements are required for the
existing public water main along the entire south side of this property
along with all additional public water mains required within the lot areas of
this property.
J. Grading & Drainage Plan approval is required prior to recording the Final
Plat.
K. Construction plan approval by City for the public street and related
elements (street, traffic control devices, sanitary sewers, storm water
facilities, water system facilities, sidewalks and other improvements
required) will be required prior to recording the Final Plat.
L. Execution of a City-Owner Contract and dedication of any applicable off-
site public easements is required prior to construction of any public
infrastructure.
6. At its August 26, 2015, 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, adopted the Planning Department's recommended findings of fact,
and recommended approval of the General Development Plan application subject to the Planning
Department Staffs recommended 12 conditions of approval.
7. At the September 21St public hearing before the Common Council, the
applicant's representative indicated agreement with all of the Planning and Zoning
Commission's recommended findings of fact and conditions of approval as described above.
9
8. At the September 21St public hearing before the Common Council, the Common
Council concurred with and adopted as its own the findings of fact and conditions of approval
recommended by the Planning and Zoning Commission as described above.
CONCLUSIONS OF LAW
1. R.C.O. §61.215 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.
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
10
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
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.
11
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.
evelopment: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
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.
12
3. By a substantial amount of the evidence and testimony presented at the September
21, 2015, public hearing, it is hereby determined by the Common Council of the City of Rochester
that General Development Plan #324 complies with the requirements of §61.215 if the applicant
satisfies the 12 conditions of approval recommended by the Planning and Zoning Commission.
ORDER
The Common Council of the City of Rochester, pursuant to R.C.O. §61.215, does hereby
approve General Development Plan #324 subject to the satisfaction of the 12 conditions of
approval recommended by the Planning and Zoning Commission.
Dated at Rochester, Minnesota this day of September, 2015.
Randy Staver
President of the Rochester Common Council
Approved at Rochester, Minnesota this day of September, 2015.
Ardell F. Brede
Mayor of the City of Rochester
FOF.Zone15\GDP\324
13