HomeMy WebLinkAboutFinding of Fact - LandSubdivisionPermitR2018-010.StonewoodSubdivision
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
________________________________________
In Re: Land Subdivision Permit #R2018-010 Findings of Fact,
Stonewood Subdivision Conclusions of Law
And Order
________________________________________
On August 6, 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 June 27, 2018, in response to Land Subdivision Permit (Preliminary
nd
Plat) #R2018-010. At the October 2 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) #R2018-010 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;
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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.
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;
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(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.
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 #R2018-010 satisfied the requirements of R.C.O. §61.225 if the following
eight conditions are imposed:
A. The Preliminary Plat must be updated with the following
information:
(1) Topography must be identified on the Preliminary Plat, with
contour intervals of not more than two feet;
(2) Slopes over 15% must be identified on the plan.
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(3) The roadway named 30 Street S.W., must be renamed
Valleywood Road S.W.
(4) East Stonewood Lane S.W., and West Stonewood Lane
S.W., must be renamed.
B. 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 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 recording
the Final Plat, that outlines the Developer's and City's obligations
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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. An approved Grading and Drainage Plan is required prior to Final
Plat submittal.
D. Ownership and perpetual maintenance of proposed Outlot “A”
shall be addressed as part of the Development Agreement and
Grading Plan approval.
E. Payment in lieu of parkland dedication is required prior to
recording the Final Plat.
F. An updated wetland delineation will be required prior to submittal
of the Final Plat. If the wetland boundary changes, updated site
capacity calculations will also be required prior to submittal of the
Final Plat.
G. Execution of a City-Owner Contract, and dedication of any
applicable public easements, is required prior to constructing
public infrastructure to serve this development.
H. 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.
5. At the August 6, 2018 public hearing, the Applicant’s representative agreed with
the above eight conditions as recommended by the Planning and Zoning Commission.
6. At the August 6, 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.
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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
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
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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,
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
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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
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 August 6,
2018, hearing, it is hereby determined by the Common Council of the City of Rochester that Land
Subdivision Permit #R2018-010 complies with the requirements of R.C.O. §61.225, subd. 2, if the
Applicant satisfies the eight conditions of approval recommended by the Planning and Zoning
Commission.
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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) #R2018-010 subject to the eight
conditions of approval recommended by the Planning and Zoning Commission.
Dated at Rochester, Minnesota this _____ day of August, 2018.
________________________________
Randy Staver
President of the Rochester Common Council
Approved at Rochester, Minnesota this _____ day of August, 2018.
______________________________
Ardell F. Brede
Mayor of the City of Rochester
Fof.Zone15\\LandSub\\2018-010
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