HomeMy WebLinkAboutFinding of Fact - AlphaRealty.LandUseAmendment#R2018-002
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
___________________________________
In Re: Land Use Plan Amendment #R2018-002 Findings of Fact,
Zoning Amendment Conclusions of Law,
and Order
___________________________________
On June 18, 2018, the Common Council of the City of Rochester conducted a public
hearing, with notice to the public, to hear the application of Alpha Realty of Rochester, LLC
(“Applicant”) to consider an amendment to the land use plan designation for property located The
site is located north of Alpha Parkway NW and east of 50th Avenue NW. (“Site”). The Applicant
seeks to change approximately 52.43 acres of land on the Site from the “Low Density Residential”
designation to the “Medium Density Residential” designation. The Applicant also seeks a zoning
district change for approximately 52.43 acres of land on the Site from the R-1x Zoning District
(mixed single-family, extra) to the R-3 Zoning District (Medium Density Residential).
At the June 18, 2018 public hearing, all interested persons were given an opportunity to
give testimony and make presentations concerning the application. During the June 18, 2018
public hearing, the Council received into the record and considered those materials included as
part of the Council agenda packet. All documents are on file with the City Clerk.
Following the public hearing, the Council considered and discussed the entire matter.
Based upon all of the testimony and evidence presented at the June 18, 2018 public hearing, the
Council made the following findings of fact, conclusions of law, and order.
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FINDINGS OF FACT
1. The Site is located north of Alpha Parkway NW and east of 50th Avenue NW.
2. The applicant has filed to change the land use designation on 52.43 acres from
“low density residential” to “medium density residential” along with re-zoning the 52.43 acres
from the R-1x Zoning District (mixed single-family, extra) to the R-3 Zoning District (Medium
Density Residential).. The General Development Plan identifies the property being developed
with a 55 to 65 unit multi-family residential building.
3. The Council adopts Staff Findings 1-9 found which is found in Exhibit A.
CONCLUSIONS OF LAW
1. This matter is properly before the Common Council pursuant to Minn. Stat.
§462.355, subdivisions 2 and 3, and §462.356.
2. By the greater weight of the evidence and testimony presented at the hearing, the
Common Council of the City of Rochester determines that the Land Use Plan and Land Use Map
should be amended, upon consideration of the goals, objectives, strategies and policies of the
current Urban Service Area Land Use Plan. The proposed Land Use Plan amendment is
consistent with the existing Land Use Plan.
3. By the greater weight of the evidence and testimony presented at the hearing, the
Common Council of the City of Rochester hereby determines that the Applicant has satisfied the
criteria at R.C.O. §60.338 for a zoning district change for the Site to the R-3 Zoning District. The
proposed zone change would be consistent with the current land use plan, as amended, for the
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Site.
ORDER
The Common Council of the City of Rochester, pursuant to Minn. Stat. §462.355,
subdivisions 2 and 3, does hereby order that the Applicant's request for an amendment to the
Land Use Plan so as to amend the Site’s current land use designation of “Low Density
Residential” to “Medium Density Residential” (Land Use Plan Amendment #R2018-002LUPA) be
in all things approved.
The Council does also hereby order that the Applicant’s request for a zoning district change
for an amendment to the zoning district designation for the Site from the R-1x Zoning District
(mixed single-family, extra) to the R-3 Zoning District (Medium Density Residential) be in all things
approved.
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Dated at Rochester, Minnesota this _____ day of ______________, 2018.
______________________________
Randy Staver, President
City of Rochester Common Council
Approved at Rochester, Minnesota this _____ day of ____________, 2018.
______________________________
Ardell F. Brede
Mayor of the City of Rochester
Fof.Zone15/LUP.ZONE.11
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R2018-002LUPAPage 1
Rochester-Olmsted Planning Department
ROCHESTER PLANNING AND ZONING COMMISSION May 23, 2018
Prepared by:Rochester-Olmsted Planning Department Staff
Request:Land Use Plan Amendment #R2018-002LUPA by Alpha Realty of
Rochester LLC, to amend the Rochester Comprehensive Plan 2040 to
designate 52.43 acres of land from the "Low Density" residential
designation to the "Medium Density" residential designation.
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Avenue
Location:The site is located north of Alpha Parkway NW and east of 50
NW.
Applicant:Alpha Realty of Rochester, LLC –Daniel Penz
Consultant: WSB & Associates, Inc. -William E. Tointon
ACTION ITEMS
Summary of Action:Staff Recommendation:
Amend the Rochester Comprehensive Plan Approval.
2040 to designate 52.43 acres of land from
“Low-Density Residential” to “Medium-
Density Residential”
BACKGROUND INFORMATION& SUMMARY
The applicant proposes a Land Use Plan Amendment (R2018-002LUPA), Zoning Map
Amendment (R2018-004ZC) and General Development Plan Amendment (R00310GDP). The
three applications will be considered concurrently, but each application will have a separate
staff report, and will require a separate motion by the Planning Commission and City Council.
The applicant is the owner of 53.43-acres of undeveloped land, annexed into the City in April
2018 (R2018-004ANX). Prior to annexation, the undeveloped land was part of the Rochester
Urban Service Area, with a “Low-Density Residential” land use designation. The applicant is
now requesting a Land Use Plan Amendment (LUPA) to designate the area as “Medium-
Density Residential”. A General Development Plan Amendment (R00310GDP) being
considered concurrent with this application,identifies a future multi-family housing project
2122 Campus Drive SE, Suite 100, Rochester MN 55904
507 328-7100
=www.rochestermn.gov
www.co.olmsted.mn.us
R2018-002LUPAPage 2
with densities ranging from 16-20 units/acre. This type of use is not allowed with a “Low-
Density Residential” land use designation.
The new Comprehensive Plan only allows for small scale Land Use PlanAmendments, defined
as land 10-acres or less. This application is for 53.42-acres. Planning Staff believes that this
Land Use PlanAmendmentis appropriate because the planning reviewfor this sitewas
initiatedon February 12, 2018, with thesubmission of theannexation petition. This was two
months prior to the approval of the in April 2018.
Going forward, any large scale (10+ acres) Land Use Map Amendmentwill be reviewedand
modifiedin conjunction with the City’s regular review and update cycle (see attached
Part 4: Specific Criteria Applicable to Future Land Use
Plan Amendments).
DEVELOPMENT REVIEW
Land Use Plan:The property is currently undeveloped. The site is
identified as “Low-Density Residential” on the Rochester
Land Use Map.
This application requests that the site be designated
“Medium-Density Residential” on the City’s Land Use Map.
Zoning:The site was annexed into the City of Rochester in April
2018 (R2018-002ANX). The site iszoned R-1x, Mixed
Single Family, Extra.
There is a Zoning Map Amendment application being
considered concurrent with this LUPA. The Zoning Map
Amendment requests an R-3, Medium-Density Residential,
zoning district designation.
Adjacent Land:To the northeastof the LUPAsite is the Northern Hills Golf
Course.
To the northwestof theLUPAsite is undeveloped land, with
a “Low-Density Residential” land use designation.
To the eastof theLUPAsite is undeveloped land, with a
“Low-Density Residential” land use designation.
To the southof the LUPAsite is Alpha Parkway, a local
collector roadway. South of Alpha Parkway is undeveloped
and developed land (The Pines at Badger Hills Apartments)
zoned R-3.The area has a “Medium-Density Residential”
land use designation.
2122 Campus Drive SE, Suite 100, Rochester MN 55904
507 328-7100
=www.rochestermn.gov
www.co.olmsted.mn.us
R2018-002LUPAPage 3
The southwestcorner of the LUPAsite is undeveloped land,
with a “Low-Density Residential” land use designation.
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To the westof theLUPAsite is 50Avenue NW. Across
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50Avenue NWis vacant land, in the Highland Preserve
Special District. The Highland Preserve Special District is a
residential district allowing for single family and multi-
family housing options, integrated into a series of
connected greenways and parks. The site has a “Low-
Density Residential” land use designation.
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Streets & Access:The site will take access from Alpha Parkway and 50
Avenue NW.
A Traffic Study was submitted and reviewed with the
General Development Plan being considered concurrent
with this application.The study recommendssetting
aside additional right-of-way(ROW) forfuture right turn
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Avenue NW
lanesat theBadger Hills Drive NW /50
roundabout and Alpha Parkway / Badger Hills Drive NW
roundabout.
The City’s Transportation Planner has reviewed the study
and will require additional reviewof an access point
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located north of the intersection of 46Avenue NW and
Alpha Parkway.This review will be required prior to the
platting or site development. (See May 15, 2018, email
from Charlie Reiter, in referral comments)
Public Works has reviewed the study and has requested
theadditional ROW dedication described in the Traffic
Study be shown on a revised GDP.
Drainage:
An approved Grading and DrainagePlan will be required
with development of the site.
Wetlands/Decorah Edge:
This site is not within the Decorah Edge studyarea.
The soil survey identifies two areas of hydric soils on the
site. In 2013, a wetland delineation (R2013-003WET)
determined that wetlands are located in the southwest
corner of the site. Prior to development of the area, an
updated wetland delineation will be required.
2122 Campus Drive SE, Suite 100, Rochester MN 55904
507 328-7100
=www.rochestermn.gov
www.co.olmsted.mn.us
R2018-002LUPAPage 4
Public Utilities:
Public utilities are available to serve this site. This property
is within the Northwest High-Level Water System Area,
which is available along Alpha Parkway. There is also an
existing 12-inchwater main crossing 50thAvenue NW at
the extreme northwestcorner of this property that is
designed for a future connection on both sides.
Thissite is within the King’s Run Sanitary Sewer Super
District and is not sewer constrained.(See
, Figures2-8 and 2-9)
Boulevard Trees:
Boulevard trees will be required withdevelopment of the
site.
STAFF REVIEW
The applicant requests an amendment to theLand UseMap to designate a 52.43-acre site
“Medium DensityResidential”. The newly adopted
includes findings forLand Use Plan Amendments:
1. The proposed amendment will address an unanticipated shortage of land designated and
available for a proposed type of land use as evidenced by a detailed and objective market
analysis commissioned by the City with costs covered by the applicant.
A Key Finding in the 2014study,
,found that Olmsted County is in need of “alternative
housing” as the baby boomer generation begins to downsize. In addition, overall
household sizes are shrinking while non-family households are growing. This shift
is expected to continue due toshifting demographics (i.e. delayed marriages, fewer
children, and aging of the population)
A multi-family residential project is identifiedfor this siteon the General
Development Plan Amendment (R00310GDP) being considered concurrent with
this application. Multi-Family residential would be considered an “alternative
housing” option, as opposed to traditional single-family housingoptions.
2. The proposed amendment is consistent with the goals and strategies of the Integrated Land
Use and Transportation Framework.
Based on the Land Use Frameworkidentified in the Comprehensive Plan, this site
appears to be appropriate for Medium Density Residential uses(
Section 2). The site is within close proximity to
employment centers and recreation areas; has convenient access to public transit;
and will take access from both an arterial and collector street.
Hy-Vee West is located approximately 0.2 miles east of the site. Further east,
approximately 0.35 miles from the site across West Circle Drive,is a Mayo Clinic
facility. Along West Circle Drive arenumerous office, retail, and commercial uses.
The IBM campus is approximately onemile southeast of this site.
2122 Campus Drive SE, Suite 100, Rochester MN 55904
507 328-7100
=www.rochestermn.gov
www.co.olmsted.mn.us
R2018-002LUPAPage 5
North of the site is theNorthern Hills Golf Course. Badger Hills Park is
approximately 0.3miles to thesouth of the site, and the site is 0.5 miles fromthe
Douglas Trail.
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The site will take accessdirectly from a major urban arterial (50Avenue NW) and
a local collector (Alpha Parkway). A weekday, weeknight, weekend, and holiday
transit stop is locatedat Hy-Vee West, approximately0.2 miles to the east of the
site.
3. The impact of and cost to municipal or regional utility agencies and on existing road and
transit infrastructure as a result of the proposed land use change have been considered.
The site is within the Kings Run Super Sewer District, and is not sewer constrained.
A Traffic Study was submitted and reviewed with the General Development Plan
being considered concurrent with this application.The study recommendssetting
aside additional right-of-way(ROW) forfuture right turn lanesattheBadger Hills
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Avenue NW roundabout and Alpha Parkway / Badger Hills Drive
Drive NW /50
NW roundabout.
The City Transportation Planner and Engineer have reviewed the study and are
satisfied thattheproposed change in land use would not have an adverse effect on
the transportation network in the surrounding area.
A revised GeneralDevelopment Planwill be required to show additional ROWas
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recommended in the study, and additional review of the 46Avenue NW and Alpha
Parkway intersection will be required at the platting or site development stage.
Public Works has reviewed the study and has requested theadditional ROW dedication
described in the Traffic Study be shown on a revised GDP. 4. An assessment of natural
features on the proposed site has found that that site is suitable for urban development.
The site has fairly rolling terrain, with elevations ranging from 1050 to 1170. The
site is not located near any flood prone areas, or steep slopes.There is one area of
wetland in the southwest corner of the site. A wetland delineation is on file with
the Planning Department (R2013-003WET) and will be updated prior to
development of the site.
5. The proposed redesignation will not adversely affectthe supply of land designated for the
type of land use the area in question is currently planned for.
There is existing undevelopedland with a Low-Density Residential land use
designation close to this site.
There is an additional 35 acres of undeveloped Low-Density Residential land within
the same General Development Plan (Alpha General Development Plan
R00310GDP) directly to the north and east of this LUPA site. To the west of the
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site, across 50Avenue NW is undeveloped land within the Highland Preserve
2122 Campus Drive SE, Suite 100, Rochester MN 55904
507 328-7100
=www.rochestermn.gov
www.co.olmsted.mn.us
R2018-002LUPAPage 6
Special District. Thespecial district is 400+acres in size with an underlying Low-
Density Residential land use designation.
6. The fiscal impact of the proposed amendment is judged to have a positive net benefit to the
community.
The municipality will receive additional tax revenue fromamulti-family land use.
7. The proposed Future Land Use Mapamendment is consistent with and will help further the
Vision, Principles and Goals of the P2S 2040 Comprehensive Plan and
a. Will not compromise the direction of the plan to create an integrated land use and
transportation vision
The change to Medium Density Residential should increase the ability of the
site to be served by multiple modes of transportation.
b. Will not compromise the strategies identified in the plan to implement the Primary
Transit Network or the anticipated phasing of the PTN identified in the plan
This site is not included in the Proposed Primary Transit Network. (See
Figure 2-4)
c. The development characteristics of uses in the proposed land use plan category as
described in Tables 2-8 through 2-12 are compatible with surrounding land use
classifications.
The site is adjacent to Medium Density Residential, Low-Density Residential,
and Open Space. These land usedesignations are the same as, or compatible
with, Medium Density Residential.
d. The locational characteristics and transportation features of the site are consistent
with the locational and transportation factors described in Tables 2-8 through 2-12 for
the proposed land use.
Based on the Land Use Framework identified inthe Comprehensive Plan, this
site appears to be appropriate for Medium Density Residential uses
(Section 2). The site is within close
proximity to employment centers and recreation areas; has convenient
access to public transit; and will take access from both an arterial and
collector street.
8. Where the proposed amendment involves the redesignation of land currently in a Non-
Residential Area (Commercial & Business Development, Industrial Development, Small
EmploymentDevelopment) to a category of Residential Development or otherwise considered
for Residential land uses, the following considerations should apply:
a. The proposed residential site provides safe and convenient access to a minimum of
12 to 14-hour transit service within a ¼ mile walking distance to and access point of
such service.
2122 Campus Drive SE, Suite 100, Rochester MN 55904
507 328-7100
=www.rochestermn.gov
www.co.olmsted.mn.us
R2018-002LUPAPage 7
b. Connection to the network of non-motorized transportation infrastructure including
access to pedestrian facilities and safe access to the city’s network of off-road trails and
paths is available.
c. Access to passive or active public park space meeting the service standards of the
City Park Plan is available.
d. The site provides adequate space to develop appropriate buffering between
residential development and the adjacent non-residential use which predominates in the
area.
e. The site will not be impacted by the externalities from non-residential uses that
predominate in the area such as noise or exterior lighting.
f. The site provides adequate space to meet parking needs and will not create
residentialon-street parking demands on any non-residential business street.
g. The character of the traffic on streets providing access to the site do not involve high
volumes of truck traffic or peak hour commuter traffic that may compromise the travel
safety ofresidents.
h. Existing business development in the area will not be impacted by residential
intrusion into the area.
i. The site is adjacent to a residential neighborhood, or land planned for residential
development, or is of sufficient size to be a complete neighborhood with amenities
serving households with parks, access to schools, and other features typical of a
neighborhood.
j. Will not result in a small pocket of residentially developed land, or isolated residential
development that is not part of a larger neighborhood or area planned for residential
neighborhood development.
This Land Use Plan Amendment involves Residential Land Uses.
9. The proposed amendment is consistent with community goals and policies as expressed in
the City’s adopted Plans.
A Medium Density Land Use Map designation gives the City of Rochester an
opportunity for added“alternative” housing, the need for which is identified in the
andthe2014study
STAFF RECOMMENDATION
Based upon the above listed findings, Staff recommends approvalof the Land Use Plan
Amendment.
2122 Campus Drive SE, Suite 100, Rochester MN 55904
507 328-7100
=www.rochestermn.gov
www.co.olmsted.mn.us
R2018-002LUPAPage 8
ATTACHMENTS
1.Map
2.Staff Report
3.LUPA Exhibit
4.Referral Comments
5.DIM
Part 4: Specific Criteria Applicable to Future Land
6.
Use Plan Amendments
7.Part 2: Medium Density Residential Land Use
Framework
2122 Campus Drive SE, Suite 100, Rochester MN 55904
507 328-7100
=www.rochestermn.gov
www.co.olmsted.mn.us