HomeMy WebLinkAboutFinding of Fact - TBKA.AllenSubd.GenDevPlan327 BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
In Re: General Development Plan Findings of Fact,
#327 Conclusions of Law,
and Order
On November 2, 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 October 14, 2015, in response to the application for General Development Plan
#327.
At the November 2nd 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 October 14, 2015, public hearing on this application, the Planning and Zoning
Commission considered the issue of whether General Development Plan #327 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
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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 and recommended the following findings of fact:
A. Zoning District amendment (#R2015-003ZC) and Land Use Plan
amendment (#R2015-005LUPA) are being considered concurrent with
this GDP. If the amendments are approved, the land uses indicated for
the R-3 (Medium Density Residential) Zoning District would be consistent
with the comprehensive plan.
B. The proposed development appears to be compatible with the existing
uses on the adjacent properties. The development will include a new
road labeled as River Ridge Lane NE with an access off of East River
Road NE as well as a new road labeled as Village Green Avenue NE with
an access off of 37th Street NW and will ultimately be compatible with
permissible future uses. Due to past development, existing road patterns,
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the Zumbro River and floodplain the property is somewhat isolated for
circulation patterns.
C. The design provides interior circulation for pedestrians, bicyclists and
vehicles. Access to public transportation and the integration of the
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 within the development parameters and within
the public Right of Way. Due to past development, existing road patterns,
the Zumbro River and floodplain the property is somewhat isolated for
circulation patterns.
A Traffic Impact Study will need to be reviewed and approved by the City
Engineer in conjunction with the County Engineer.
D. 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. Further review will need to be done as the property develops further. A
traffic study will need to be submitted to the City and County Public Works
department to further evaluate the impacts on the intersection of East
River Road and 37th Street NW. The new streets will be internal and built
by the developer, the TIR will determine necessary improvements to the
existing streets that will serve this development. The property is
surrounded by existing development and this is an infill site. The TIR will
determine the need for street improvements on 37th and E. River Rd.
F. A traffic study will need to be submitted to the City and County public
works department to further evaluate the impacts on the intersection of
East River Road and 37th Street NW.
The development will include a new road labeled as River Ridge Lane NE
with an access off of East River Road NE as well as a new road labeled
as Village Green Avenue NE with an access off of 37th Street NW and
will ultimately be compatible with permissible future uses.
This property is within the Main Level Water System Area.
Static water pressures within this area will range from 73 to 83 PSI
depending on final grades. The builders must install pressure-reducing
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devices near the domestic water meters as required by the Minnesota
Plumbing Code in the higher pressure areas.
The water main in the cul-de-sac street must be looped (as shown).
An existing 8" water main stubbed out from North River Ct NE is available
for connection to Lot 2, Block 1 from the south (this was made available
for the previously planned cul-de-sac loop in this area). This main should
be utilized in the development of the lot and if possible connected through
to River Ridge Lane NE to aid in the water system networking in this area.
A Development Agreement will be required for the property. A Grading
and drainage plan approval will also be required through the development
review process.
G. Grading and drainage plan approval will be required through the
development review process for the individual lots and phases. Decorah
Edge does not exist on the site.
H. 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. Decorah Edge does
not exist on the site. The floodplain designations are known and will be
applied to the plat and individual parcels that are developed.
I. The GDP identifies the property being developed with commercial and
medium density residential. 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. There is a
lack of existing ROW's that connect to the property on the south due to
past development patterns.
J. 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. Alternatively, the developer may request to join with the City
in making these inadequate public facilities adequate for this
development, and may enter into a Development Agreement, prior to
recording a Final Plat for the property (or final development approval if
there is no plat) that outlines the developer's and City's obligations
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related, but not limited to: future access control and access to abutting
property, stormwater management (including any obligations for on or off-
site facilities), transportation improvements (including any off-site
improvements necessary to accommodate this development), pedestrian
facilities, contributions for existing & future public infrastructure,
limitations to traffic generated by the proposed development and the
extension of public utilities to abutting properties where applicable. The
Owner has requested that City staff prepared a Development Agreement
for review and execution.
K. The Plan appears to be 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 on along both sides of public
roadways.
L. Building footprints and lot layout have not been identified on the GDP.
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 on along both
sides of public roadways.
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. 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. Alternatively, the developer may request to join with the City
in making these inadequate public facilities adequate for this
development, and may enter into a Development Agreement, prior to
recording a Final Plat for the property (or final development approval if
there is no plat) that outlines the developer's and City's obligations
related, but not limited to: future access control and access to abutting
property, stormwater management (including any obligations for on or off-
site facilities), transportation improvements (including any off-site
improvements necessary to accommodate this development), pedestrian
facilities, contributions for existing & future public infrastructure,
limitations to traffic generated by the proposed development and the
extension of public utilities to abutting properties where applicable. The
Owner has requested that City staff prepared a Development Agreement
for review and execution.
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B. Grading & Drainage Plan approval is required and approval of the
subdivision grading plan is required prior to Final Plat approval.
C. Dedication of Controlled Access shall be shown on the Final Plat, along
the entire frontages of the Property, with the exception of the existing
service access off of 37th St NE, and the proposed single public road
access location to 37th St NE, and to East River Rd NE. Additional
Controlled Access will be required along the frontage of Village Green
Ave NE within 200 ft from the intersection with 37th St NE, and along the
frontage of River Ridge Ln NE abutting Lot 6, Block 2, with the exception
of a shared access with proposed Lot 5, Block 2.
D. A TIR is required for this development. An access to 37th St NE by way of
a right-in, right-out at Village Green Ave NE is dependent on the results of
the TIR required by the City Engineer.
E. Execution of a City-Owner Contract, and dedication of any applicable off-
site public easements is required prior to construction of any public
infrastructure to serve the Property.
F. Development charges and fees applicable to the Property, will be
addressed in the Development Agreement and / or City-Owner Contract
for this project. Generally, the Property is subject to development charges
including: SAC, WAC, Sanitary Sewer Connection / Frontage Charge for
J8906 along East River Road, Watermain Connection / Frontage Charge
for J8856, and a Storm Water Management Plan Area Charge
(SWMPAC) for any areas of the Property that do not drain to an on-site
public regional stormwater facility that is constructed by the developer to
serve this subdivision. In addition, the property has an obligation for
transportation improvements identified through the development review
process, and for paying for / constructing pedestrian facilities along the
entire frontage of East River Road and along the frontage of any new
public roads within and abutting the Property, and for the cost of future
improvements to East River Road. A Plant Investment Fee (PIF) is
applicable to development of the Property and will be collected through
the development review and approval process for individual lot
development.
G. County Public Works would like a right turn lane and "S" type curb on
Radii at right in/right out.
H. 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.
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I. An additional 10' public utility easement is required along the entire north
side of the subdivision, paralleling 37th St NE. There is an existing North
Utility Easement that runs from the Western property line all the way to
Lot 1(1.07 Acres). That is sufficient and can stay. The requested
easement would be a continuation from the existing easement heading
East to the proposed Eastern Utility Easement that runs parallel with East
River Road NE.
J. An existing 8" water main stubbed out from North River Ct NE is available
for connection to Lot 2, Block 1 from the south (this was made available
for the previously planned cul-de-sac loop in this area). This main should
be utilized in the development of the lot and if possible connected through
to River Ridge Lane NE to aid in the water system networking in this area.
K. Park Dedication will be required as part of the residential development.
L. 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 35 feet.
M. The roadway illustrated as C.S.A.H. NO.22 (37TH STREET NE) needs to
be corrected to read 37 STREET NE (C.S.A.H. NO. 22).
N. The roadway illustrated as RIVER RIDGE LANE NE needs to be changed
before Final Plat. Roadway name is not acceptable.
O. The roadway illustrated as VILLAGE GREEN AVENUE NE should be
changed to 2 AVENUE NE.
P. The plat to include an easement connecting the end of a cul-de-sac or
dead road to the south right of way of 37th Street for the purpose of
pedestrian connectivity.
6. At its October 14, 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
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Department Staffs recommended 16 conditions of approval.
7. At the November 2nd 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 except for condition #P. The
Applicant's representative stated that the connection between the cul-de-sac and the south right-
of-way of 37th Street should be addressed during the Site Development Plan review process. The
Applicant's representative also questioned the legal basis for this condition of approval.
8. The neighborhood representative stated that the connection between the cul-de-sac
and the south right-of-way of 37th Street was needed in order to promote safe and convenient
pedestrian travel and to promote safety within the adjacent property.
9. The Council accepts condition of approval #P in order to bring the general
development plan application into compliance with the criteria found at R.C.O. §61.215, subd.
2(B), (C), (F).
10. At the November 2nd 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
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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.
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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.
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;
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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.
3. By a substantial amount of the evidence and testimony presented at the November
27 2015, public hearing, it is hereby determined by the Common Council of the City of Rochester
that General Development Plan #327 complies with the requirements of §61.215 if the applicant
satisfies the 16 conditions of approval recommended by the Planning and Zoning Commission.
Condition of approval #P is adopted as it is needed in order to make the proposed development
compatible with existing uses on adjacent properties, to provide for the safe travel of pedestrians
by minimizing vehicular, pedestrian, and bicycle conflicts, and to provide access to adjoining land
in a manner that will allow development of those adjoining lands in accord with the zoning
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ordinance. See R.C.O. §61.215, subd. 2(B), (C), (F).
ORDER
The Common Council of the City of Rochester, pursuant to R.C.O. §61.215, does hereby
approve General Development Plan #327 subject to the satisfaction of the 16 conditions of
approval recommended by the Planning and Zoning Commission.
Dated at Rochester, Minnesota this day of November, 2015.
Randy Staver
President of the Rochester Common Council
Approved at Rochester, Minnesota this day of November, 2015.
Ardell F. Brede
Mayor of the City of Rochester
FOF.Zone15\GDP\327
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