HomeMy WebLinkAboutFinding of Fact - FOF R2019-007PLAT
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
________________________________________
In Re: Land Subdivision Permit #R2019-007 Findings of Fact,
Hadley Creek Estates First Conclusions of Law
And Order
________________________________________
On July 8, 2019 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 10, 2019, in response to Land Subdivision Permit (Preliminary Plat) #
R2019-007. At the July 8, 2019 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) #R2019-007 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 #R2019-007 satisfied the requirements of R.C.O. §61.225 if the following
nine conditions are imposed:
1. A revised Preliminary Plat shall be submitted prior to submittal of the Final Plat,
which identified:
a. The correct spelling of Hadley Hills Drive NE
b. A temporary turn-around at the west end of Hadley Hills Drive NE.
2. A new Development Agreement shall be executed and recorded prior to submittal of
the Final Plat.
3. An approved Grading and Storm Water Management Plan will be required prior to
submittal of the Final Plat.
4. The Traffic Impact Report shall be approved or deemed substantially complete by
the Rochester Public Works Department and the Olmsted County Public Works
Department prior to Final Plat submittal.
5. Ownership and Maintenance of proposed Outlots A - C shall be determined to the
satisfaction of Rochester Public Works, prior to approval of the Final Plat.
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6. Parkland dedication in the amount of 0.68 acres must be made in the form of land or
the equivalence of cash to the City Park and Recreation Department prior to recording
the Final Plat. (Underline/Bold represents revision made by the CPZC. Planning staff
agrees with the CPZC revision).
7. The applicant’s boulevard tree obligation shall be met prior to recording the Final
Plat.
8. Execution of a City-Owner Contract, and dedication of any applicable public
easements, is required prior to construction of any public infrastructure.
9. Charges/fees applicable to the development of this Property are/will be addressed in
City-Owner Contract, and Development Agreement.
At the July 8, 2019 public hearing, the Applicant’s representative agreed with the
above nine conditions as recommended 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
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
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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
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;
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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
eliminate flood damage; and,
(3) Adequate drainage is provided to reduce exposure of flood
hazard.
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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 July 8,
2019 hearing, it is hereby determined by the Common Council of the City of Rochester that Land
Subdivision Permit #R2019-007 complies with the requirements of R.C.O. §61.225, subd. 2, if the
Applicant satisfies the following nine conditions of approval:
1. A revised Preliminary Plat shall be submitted prior to submittal of the Final Plat,
which identified:
a. The correct spelling of Hadley Hills Drive NE
b. A temporary turn-around at the west end of Hadley Hills Drive NE.
2. A new Development Agreement shall be executed and recorded prior to
submittal of the Final Plat.
3. An approved Grading and Storm Water Management Plan will be required prior
to submittal of the Final Plat.
4. The Traffic Impact Report shall be approved or deemed substantially complete
by the Rochester Public Works Department and the Olmsted County Public Works
Department prior to Final Plat submittal.
5. Ownership and Maintenance of proposed Outlots A - C shall be determined to the
satisfaction of Rochester Public Works, prior to approval of the Final Plat.
6. Parkland dedication in the amount of 0.68 acres must be made in the form of
land or the equivalence of cash to the City Park and Recreation Department prior to
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8
recording the Final Plat. (Underline/Bold represents revision made by the CPZC.
Planning staff agrees with the CPZC revision).
7. The applicant’s boulevard tree obligation shall be met prior to recording the Final
Plat.
8. Execution of a City-Owner Contract, and dedication of any applicable public
easements, is required prior to construction of any public infrastructure.
9. Charges/fees applicable to the development of this Property are/will be
addressed in City-Owner Contract, and Development Agreement.
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) #R2019-010 subject to the nine
conditions.
Dated at Rochester, Minnesota this _____ day of July, 2019.
________________________________
Randy Staver
President of the Rochester Common Council
Approved at Rochester, Minnesota this _____ day of July, 2019.
______________________________
Kim Norton
Mayor of the City of Rochester
Fof.Zone15\\LandSub\\R2019-007
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