HomeMy WebLinkAboutFinding of Fact - WildwoodMeadowSecond.LandSubPermitR2015-029 BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
In Re: Land Subdivision Permit#R2015-029 Findings of Fact,
Wildwood Meadow Second Conclusions of Law
And Order
On October 19, 2015, the Common Council of the City of Rochester conducted a public
hearing, upon notice to the public, to consider the Planning and Zoning Commission's findings of
the public hearing held on September 23, 2015, in response to Land Subdivision Permit
(Preliminary Plat) #R2015-029. At the October 19th public hearing, all interested persons were
given the opportunity to make presentations and give testimony 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 public hearing on this application, the Planning and Zoning Commission
considered the issue of whether Land Subdivision Permit (Preliminary Plat) #R2015-029 satisfied
the conditions of section 61.225 of the Rochester Code of Ordinances.
2. R.C.O. §61.225 provides that the Council shall approve a development permit
authorizing a land subdivision if all of the following findings with respect to the proposed
development are made:
A. The proposed land subdivision conforms to all relevant requirements
of this ordinance and variances have been granted to permit any
nonconformance;
B. The proposed water system and sanitary sewer system are adequate
to serve the normal and fire protection demands of proposed
development and to provide for the efficient and timely extension to
serve future development;
C. The plan for soil erosion and stormwater management meets the
adopted standards of the City of Rochester and is consistent with the
adopted Stormwater Management Plan or adopted drainage or
stormwater policies;
D. The vehicular and non-motorized system is consistent with adopted
transportation plans and is consistent with the street layout standards
listed in section 64.120 and traffic service standards in section
61.526;
E. The lot and block layout provide for safe and convenient vehicular,
service and emergency access, efficient utility service connections,
and adequate buildable area in each lot for planned uses;
F. The proposed land subdivision has taken into account the current six-
year and other Long-Range Capital Improvements Programs and the
elements listed therein in the design of the subdivision;
G. The proposed subdivision, if in a residential zoning district,
addresses the need for spillover parking consistent with the
requirements of section 63.426;
H. The right-of-ways and easements of adequate size and dimension
are provided for the purpose of constructing the street, utility, and
drainage facilities needed to serve the development;
I. The proposed parks, trail thoroughfares and open space dedications
are consistent with adopted plans, policies and regulations;
J. The proposed subdivision will not have off-site impacts on the street,
drainage, water or wastewater systems that exceed adopted
standards;
K. The proposed subdivision will not have adverse impacts on the safety
or viability of permitted uses on adjacent properties;
L. The proposed land subdivision is designed in such a manner as to
allow for continued development in an efficient manner on adjacent
undeveloped lands;
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M. The soils, topography and water tables have been adequately
studied to ensure that all lots are developable for their designated
purposes;
N. The proposed land subdivision is consistent with the standards of the
City's adopted Comprehensive Plan;
O. Any land located within Zone A as shown on the currently adopted
Flood Boundary and Floodway Maps of Flood Insurance Study,
Rochester, Minnesota, prepared by the Federal Emergency
Management Agency, is determined to be suitable for its intended
use and that the proposed subdivision adequately mitigates the risks
of flooding, inadequate drainage, soil and rock formations with severe
limitations for development, severe erosion potential, or any other
floodplain related risks to the health, safety or welfare of the future
residents of the proposed subdivision in a manner consistent with this
ordinance;
P. The proposed land subdivision, if approved, would not result in a
violation of federal or state law, or city or county ordinance; and
Q. The proposed land subdivision permit is consistent with any
approved and applicable General Development Plan, Conditional
Use Permit or Traffic Impact Study.
3. R.C.O. §61.226 authorizes the approving body to impose modifications or
conditions to the extent that such modifications or conditions are necessary to ensure compliance
with §61.225.
4. The Planning and Zoning Commission concluded that the application for Land
Subdivision Permit #R2015-029 satisfied the requirements of R.C.O. §61.225 if the following
conditions are imposed:
A. Prior to the application for the Final Plat, a Zoning District
Amendment application should be submitted to remove that part of
the property proposed for development out of the Floodway based
on the FEMA approved CLOMR dated June 26th, 2007.
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B. A revised Preliminary Plat needs to be submitted showing the
approved new floodway limit and the appropriate zoning district
reference in the site date summary.
C. The minimum lot size for townhome developments within the
Shoreland District are 115 feet in width. The current lots are at
106' in width. A revised Preliminary Plat will need to be submitted
showing the lot widths at 115' total, or 57.5' in width for individual
lots.
D. A Dedication of access control is required to the satisfaction of the
County Public Works Department.
E. Hydric soils exist on the site according to the Soil Survey. The
property owner is responsible for identifying wetlands on the
property and submitting the information as part of this application
and prior to any grading plan approval.
F. Dedication requirements of park land 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 or submit a planting
plan to the City Forester for a planting permit prior to final
development approval. Trees shall be planted every 50 feet.
H. There is an existing Development Agreement applicable to this
Property that was executed in 2004. Certain obligations have not
been met and a Supplemental Agreement should be executed
prior to recording the Final Plat to address features of the current
proposal that are inconsistent with the existing Development
Agreement.
I. Grading & Drainage Plan approval is required for this Property
prior to recording the Final Plat.
J. Execution of a City-Owner Contract and dedication of any
applicable public easements (not shown on the plat) is required
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prior to construction of any public infrastructure for this
development.
5. At the October 19th public hearing, the Planning Department staff recommended
the deletion of condition #C.
6. At the October 19th public hearing, the Applicant's representative agreed with the
above conditions as recommended by the Planning and Zoning Commission and as further
recommended by the Planning Department staff.
7. The Council concurs with and adopts as its own the findings of fact, conditions of
approval, and recommendation proposed by the Planning and Zoning Commission and the
Planning Department staff.
CONCLUSIONS OF LAW
1. R.C.O. §61.225 provides that the Council shall approve a development permit
authorizing a land subdivision if all of the following findings with respect to the proposed
development are made:
A. The proposed land subdivision conforms to all relevant requirements
of this ordinance and variances have been granted to permit any
nonconformance;
B. The proposed water system and sanitary sewer system are
adequate to serve the normal and fire protection demands of
proposed development and to provide for the efficient and timely
extension to serve future development;
C. The plan for soil erosion and stormwater management meets the
adopted standards of the City of Rochester and is consistent with
the adopted Stormwater Management Plan or adopted drainage or
stormwater policies;
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D. The vehicular and non-motorized system is consistent with adopted
transportation plans and is consistent with the street layout
standards listed in section 64.120 and traffic service standards in
section 61.526;
E. The lot and block layout provide for safe and convenient vehicular,
service and emergency access, efficient utility service connections,
and adequate buildable area in each lot for planned uses;
F. The proposed land subdivision has taken into account the current
six-year and other Long-Range Capital Improvements Programs and
the elements listed therein in the design of the subdivision;
G. The proposed land subdivision, if in a residential zoning district,
addresses the need for spillover parking consistent with the
requirements of section 63.426;
H. The right-of-ways and easements of adequate size and dimension
are provided for the purpose of constructing the street, utility, and
drainage facilities needed to serve the development;
I. The proposed parks, trail thoroughfares and open space dedications
are consistent with adopted plans, policies and regulations;
J. The proposed subdivision will not have off-site impacts on the street,
drainage, water or wastewater systems that exceed adopted
standards;
K. The proposed subdivision will not have adverse impacts on the
safety or viability of permitted uses on adjacent properties;
L. The proposed land subdivision is designed in such a manner as to
allow for continued development in an efficient manner on adjacent
undeveloped lands;
M. The soils, topography and water tables have been adequately
studied to ensure that all lots are developable for their designated
purposes;
N. The proposed land subdivision is consistent with the standards of
the City's adopted Comprehensive Plan;
O. Any land located within Zone A as shown on the currently adopted
Flood Boundary and Floodway Maps of Flood Insurance Study,
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Rochester, Minnesota, prepared by the Federal Emergency
Management Agency, is determined to be suitable for its intended
use and that the proposed subdivision adequately mitigates the risks
of flooding, inadequate drainage, soil and rock formations with
severe limitations for development, severe erosion potential, or any
other floodplain related risks to the health, safety or welfare of the
future residents of the proposed subdivision in a manner consistent
with this ordinance;
P. The proposed land subdivision, if approved, would not result in a
violation of federal or state law, or city or county ordinance; and
Q. The proposed land subdivision permit is consistent with any
approved and applicable General Development Plan, Conditional
Use Permit or Traffic Impact Study.
2. R.C.O. §61.226 authorizes the Council to impose conditions on its approval of a
development permit.
3. By a substantial amount of the evidence and testimony presented at the October
197 2015, hearing, it is hereby determined by the Common Council of the City of Rochester that
Land Subdivision Permit #R2015-029 complies with the requirements of R.C.O. §61.225 if the
Applicant satisfies the nine conditions of approval recommended by the Planning and Zoning
Commission and the Planning Department staff(conditions#A, #B, #D -#J).
ORDER
The Common Council of the City of Rochester, pursuant to R.C.O. §61.225, does hereby
approve Land Subdivision Permit (Preliminary Plat) #R2015-029 subject to the nine conditions of
approval recommended by the Planning and Zoning Commission and the Planning Department
staff(conditions#A, #B, #D -#J).
Dated at Rochester, Minnesota this day of October, 2015.
Randy Staver
President of the Rochester Common Council
Approved at Rochester, Minnesota this day of October, 2015.
Ardell F. Brede
Mayor of the City of Rochester
Fof.Zone 15\LandSu b\1529
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