HomeMy WebLinkAboutFinding of Fact - PrelimPlat.EducationalCenterSubdivision.jacmar,LLC.#R2018-008PLAT
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
________________________________________
In Re: Land Subdivision Permit #R2018-008 Findings of Fact,
Educational Center Subdivision Conclusions of Law
And Order
________________________________________
On June 18, 2018 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 May 23, 2018, in response to Land Subdivision Permit (Preliminary
Plat) # R2018-008. At the June 18, 2018 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) #R2018-006 satisfied
the conditions of section 61.225, subd. 2, of the Rochester Code of Ordinances.
2. R.C.O. §61.225, subd. 2, 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;
M. The soils, topography and water tables have been adequately
studied to ensure that all lots are developable for their designated
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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.
R. All lots within the floodplain districts are able to contain a building
site outside of the Floodway District at or above the regulatory
flood protection elevation.
S. For all subdivisions in the floodplain, the Floodway, Flood Prone,
and Flood Fringe District boundaries, the regulatory flood
protection elevation and the required elevation of all access roads
are clearly labeled on all required subdivision drawings and
platting documents.
T. All subdivisions must have road access both to the subdivision
and to the individual building sites no lower than two feet below
the regulatory flood protection elevation.
U. Subdivision proposals must be reviewed to assure that:
(1) All such proposals are consistent with the need to minimize
flood damage with the floodplain area;
(2) All public utilities and facilities, such as sewer, gas, electrical,
and water systems, are located and constructed to minimize or
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eliminate flood damage; and,
(3) Adequate drainage is provided to reduce exposure of flood
hazard.
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 #R2018-008 satisfied the requirements of R.C.O. §61.225 if the following
eight conditions are imposed:
A. Approval of the associated wetland applications shall be completed prior to the
submission of a final plat application.
B. The preliminary plat shall include additional information showing the intent for public
or private ownership of outlots within the subdivision. If private ownership of outlots and
maintenance of storm water facilities is intended, a property owners association document
will be required at the time of final plat submission.
C. Prior to the approval of a final plat, the following utility easements shall be added to
the plat:
· A 20 foot utility easement with 10 feet on either side of the lot line between lots 1
and 2, and between lots 4 and 5; and
· A 10 foot utility easement along the west side of lots 4 and 5 and
· A 10 foot utility easement along the east side of lots 1, 2, Outlot B, Outlot C, and
Outlot A, adjacent to the former railroad property.
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D. 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.
The Developer has submitted a request for the City to prepare a Development Agreement
for execution of the Owner to address in part the adequacy of public facilities for this
Project. Execution of the Agreement is required prior to Final Plat submittal (or other
development plan approval if there is no plat), and prior to other development plan
approvals. The Agreement will outline the Owner'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 any off-site improvements necessary to
accommodate this development), pedestrian facilities, contributions for existing & future
public infrastructure, and the extension of public utilities to abutting properties where
applicable.
E. In addition to the private access from 22nd St NW to proposed Outlot C that is
depicted on the GDP and Preliminary Plat, it is Public Works staff understanding from WSB
Engineering that a perpetual private access easement will extend from 22nd St NW to
Jeremiah Ln NW. The private access easement should be shown on the General
Development Plan and Plat and dedicated prior to / concurrent with recording the Final
Plat.
F. Grading and Stormwater Management Plan approval will be required for
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development within this proposed GDP.
G. Execution of a City-Owner Contract, and dedication of any applicable on and off-site
public easements is required prior to construction of any public infrastructure to serve the
Property.
H. Certain development charges have previously been paid for this Property.
Remaining charges/fees applicable to the development of this Property will be addressed in
City-Owner Contract and or Development Agreement, and / or at the time of development
plan review or Building Permit issuance.
I. Prior to final plat approval, the General Development Plan and Preliminary Plat shall
be revised to identify a trail connection from Jeremiah Lane to either the 19th Street NW or
Valleyhigh Drive NW street frontages as required by Section 64.227 of the Zoning
Ordinance.
5. At the June 4, 2018 public hearing, the Applicant’s representative agreed with the
above six conditions as recommended by the Planning and Zoning Commission.
6. At the June 4, 2018 public hearing, the Council agrees with and adopts as its own
the findings of fact, conditions of approval, and recommendation proposed by the Planning and
Zoning Commission.
CONCLUSIONS OF LAW
1. R.C.O. §61.225, subd. 2, 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
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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 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
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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,
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.
R. All lots within the floodplain districts are able to contain a building
site outside of the Floodway District at or above the regulatory
flood protection elevation.
S. For all subdivisions in the floodplain, the Floodway, Flood Prone,
and Flood Fringe District boundaries, the regulatory flood
protection elevation and the required elevation of all access roads
are clearly labeled on all required subdivision drawings and
platting documents.
T. All subdivisions must have road access both to the subdivision
and to the individual building sites no lower than two feet below
the regulatory flood protection elevation.
U. Subdivision proposals must be reviewed to assure that:
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(1) All such proposals are consistent with the need to minimize
flood damage with the floodplain area;
(2) All public utilities and facilities, such as sewer, gas, electrical,
and water systems, are located and constructed to minimize or
eliminate flood damage; and,
(3) Adequate drainage is provided to reduce exposure of flood
hazard.
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 June, 4,
2018, hearing, it is hereby determined by the Common Council of the City of Rochester that Land
Subdivision Permit #R2018-008 complies with the requirements of R.C.O. §61.225, subd. 2, if the
Applicant satisfies the six conditions of approval recommended by the Planning and Zoning
Commission.
ORDER
The Common Council of the City of Rochester, pursuant to R.C.O. §61.225, subd. 2, does
hereby approve Land Subdivision Permit (Preliminary Plat) #R2018-008 subject to the five
conditions of approval recommended by the Planning and Zoning Commission.
Dated at Rochester, Minnesota this _____ day of June, 2018.
________________________________
Randy Staver
President of the Rochester Common Council
Approved at Rochester, Minnesota this _____ day of June, 2018.
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______________________________
Ardell F. Brede
Mayor of the City of Rochester
Fof.Zone15\\LandSub\\R2018-008
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