HomeMy WebLinkAboutFinding of Fact - CampEdithMayo.GeneralDevelopePlan#349
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
___________________________________
In Re: General Development Plan Findings of Fact,
#349 (Camp Edith Mayo) Conclusions of Law,
and Order
___________________________________
On January 3, 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 December 13, 2017, in response to the application for General Development Plan
#349 (Camp Edith Mayo).
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At the January 3 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 December 13, 2017, public hearing on this application, the Planning and
Zoning Commission considered the issue of whether General Development Plan #349 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. The site is zoned R-1x, Mixed Single Family Extra. The use, Area
Accessory Development, is an allowed use in the R-1x zoning district.
The draft comprehensive plan identifies the site as appropriate for “Parks
and Open Space.”
B. The plan does not propose residential uses on the site, therefore there is
no density calculation.
The overall site is 41 acres. To the northeast of the site are single family
residential lots in the City’s R-1 zoning district. The remainder of the site
abuts residential lots in the county that have minimum lot size restrictions
ranging from two acres to five acres.
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C. The plan identifies two existing access drives from 8 Street SW. These
driveways lead to existing parking areas, the program center building and
the lodge building. It does not appear that additional roadway is
proposed. The remaining site will be accessed via a network of gravel
and cleared grass trails.
Pedestrian facilities and right of way dedication will be required along the
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8 Street SW frontage, and the timing will be addressed in the
Development Agreement.
D. The General Development Plan is consistent with the draft
comprehensive plan, and does not include residential development.
E. This plan does not appear to add additional traffic to the surrounding
area. The site is an existing girl scout camp and the driveways / parking
lots are already established. Most of the proposed improvements will be
accessed only through a trail system.
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Pedestrian facilities will be required along the 8 Street SW frontage, and
the timing will be addressed in the Development Agreement.
F. A Traffic Impact Study Waiver was received from the Public Works
Department.
This area is within the Baihly High Level Water System Area, which is
currently available in 8th Street SW and Juliette Avenue SW. Static water
pressures within this area will range from the low to the mid 60’s PSI in
the main campus area.
There are inadequate on and off site public facilities, specifically Public
Roadways, Sanitary Sewer, Water, Storm Water Management Facilities,
and Pedestrian Facilities existing to accommodate the additional
development of this Property. No additional 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 final development plan approval
if there is no plat, or prior to recording the Final Plat where applicable.
The Development Agreement will in part outline 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 off-site improvements), pedestrian
facilities, including pedestrian access to abutting subdivision,
contributions for existing & future public infrastructure, and the extension
of public utilities to abutting properties where applicable.
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Execution of a City-Owner Contract, and dedication of all applicable
public easements, is required prior to constructing public infrastructure to
serve the development.
Detailed construction plans will need to be approved for all infrastructure
improvements.
G. An approved Grading and Stormwater Management Plan must be
approved as part of the future Site Development Plan (SDP) that will
facilitate the proposed improvements in the site.
H. This site has an approved wetland delineation and Decorah Edge support
areas. The site plan must clearly identify the environmental features on
site.
All proposed improvements to the site, except for the educational
boardwalk and some trails, are located outside of the edge support areas.
The development will be required to follow the rules and regulations
outlined in the City’s Wetland Conservation Ordinance.
I. The plan does not propose residential or commercial development and no
roadways are created.
J. The plan does not require the site to be platted.
K. The proposed development is consistent with the draft Comprehensive
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Plan. The site has 900 feet of right of way along 8 Street SW. New
pedestrian facilities will be required, and timing of the upgrades will be
addressed in the Development Agreement.
L. The plan identifies an existing program center and lodge on site, as well as a
proposed maintenance shop. These buildings can be accessed from the
driveway and parking lot system. All additional buildings are accessed by a
trail system.
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 prior to approval at City
Council with the following information:
(1) Clearly outline and label all wetlands on the site plan.
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(2) Clearly outline and label all Decorah Edge Support Areas on the
site plan.
(3) Eighth Street SW, must be labeled with the current street
classification, “Other Local Street.”
(4) The site plan must identify the existing “R-1” and “R-1x” zoning
districts on site.
(5) Areas of steep slopes must be identified on the site plan.
(6) A clear legend identifying all colored, dashed, and solid lines must
be shown on the site plan.
B. There are inadequate on and off site public facilities, specifically Public
Roadways, Sanitary Sewer, Water, Storm Water Management Facilities,
and Pedestrian Facilities existing to accommodate the additional
development of this Property. No additional 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 final development plan approval
if there is no plat, or prior to recording the Final Plat where applicable.
The Development Agreement will in part outline 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 off-site improvements), pedestrian
facilities, including pedestrian access to abutting subdivision,
contributions for existing & future public infrastructure, and the extension
of public utilities to abutting properties where applicable.
C. Execution of a City-Owner Contract, and dedication of all applicable
public easements, is required prior to constructing public infrastructure to
serve the development.
D. An approved Grading and Drainage Plan is required prior to the issuance
of any building permits.
E. 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 December 13, 2017, 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 five conditions of approval.
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7. At the January 3 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.
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8. At the January 3 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 five 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 January 3,
2018, public hearing, it is hereby determined by the Common Council of the City of Rochester that
General Development Plan #349 complies with the requirements of §61.215, subd. 2 subject to the
satisfaction of the five conditions of approval as described above.
ORDER
The Common Council of the City of Rochester, pursuant to R.C.O. §61.215, subd. 2, does
hereby approve General Development Plan #349 subject to the satisfaction of the five conditions
of approval as described above.
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Dated at Rochester, Minnesota this _____ day of January, 2018.
____________________________________
Randy Staver
President of the Rochester Common Council
Approved at Rochester, Minnesota this _____ day of January, 2018.
______________________________
Ardell F. Brede
Mayor of the City of Rochester
FOF.Zone15\\GDP\\349
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