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HomeMy WebLinkAboutFinding of Fact - EKN DevelopmentGroup.GenDevelopPlan. #353 BEFORE THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA ___________________________________ In Re: General Development Plan Findings of Fact, #353 (EKN Development Group) Conclusions of Law, and Order ___________________________________ On October 15, 2018, the Common Council of the City of Rochester held a public hearing, upon notice to the public. At the October 15, 2018 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. The Planning Commission met and recommended approval. 2. The Council adopts the findings in the staff report and finds the projects meets the criteria in 61.215 of the Land Development Manual. 3. The Council conditions these Findings on: A. Prior to approval of building permits, an updated GDP plan shall be submitted to reflect changes to the associated conditional use permit (R2018-029CUP) design. B. This proposed project will include improvements to existing public infrastructure, as well as, proposed 2nd ST SW improvement in 2020, and proposed private improvements within certain existing and proposed public easements. The Developer’s, and the City’s respective obligations for construction and maintenance needs to be formally addressed by agreement, prior to final permit approval for this project. As final project design features are formulated, the Developer should be coordinating with City Administration and Public Works staff during the development review process to have the City review the design features and prepare an appropriate agreement (Development Agreement, Revocable Permit Agreement, Contribution Agreement, etc) to best memorialize the parties’ obligations and to facilitate the redevelopment project. C. Consolidation of the existing lots will require completion of a final plat process. 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. 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. 2 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 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 3 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 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. 4 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 October 15, 2018, public hearing, it is hereby determined by the Common Council of the City of Rochester that General Development Plan #353 complies with the requirements of §61.215, subd. 2 subject to the satisfaction of the three 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 #353 subject to the satisfaction of the three conditions of approval as described above. 5 Dated at Rochester, Minnesota this _____ day of October, 2018. ____________________________________ Randy Staver President of the Rochester Common Council Approved at Rochester, Minnesota this _____ day of October, 2018. ______________________________ Ardell F. Brede Mayor of the City of Rochester FOF.Zone15\\GDP\\353 6