HomeMy WebLinkAboutFinding of Fact - OakVenturesPrelimPlat#CD2019-002PLAT.ShannonOaks
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
________________________________________
In Re: Land Subdivision Permit #CD2019-002 PLAT Findings of Fact,
Conclusions of Law
And Order
________________________________________
On September 4, 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 August 14, 2019, in response to Land Subdivision Permit (Preliminary
th
Plat) #CD2019-002 PLAT. At the September 4 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) # CD2019-002 PLAT
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 # CD2019-002 PLAT satisfied the requirements of R.C.O. §61.225 if the
following eight conditions are imposed:
1. A revised Preliminary Plat shall be submitted prior to submittal of the Final Plat,
which shall include the following changes:
a. An updated name for the cul-de-sac per the recommendation of Olmsted
County GIS Department.
b. Dedication of a 30 foot wide public access easement extending from the
end of Allison Court NE to the western boundary of the plat. Subject
easement shall be located within the same corridor as the 30-foot wide
public utility corridor located across lot 9, 10 and Outlot B.
c. Correct Zoning District classification as R-2 (Low Density Residential)
per approved zoning application (#R2019-001ZC).
d. Identify the classification of Allison CT NE as a public street.
e. Site capacity calculations shall be included on the revised plat.
f. Clearly delineate the wetland areas on the preliminary plat by using
different symbol and/or or line weight. Include wetland symbol as part of
the plat legend at the bottom of the plat.
g. Identify the area of Decorah Soils located with the platted area.
2. An approved Grading and Storm Water Management Plan will be required prior
to submittal of the Final Plat.
3. The City has prepared a Maintenance Declaration Agreement for the proposed
private Outlots A, B & C. Execution by the Owner is required prior to recording
the Final Plat.
4. Execution of a City-Owner Contract, and dedication of any applicable public
easements, is required prior to construction of any public infrastructure.
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5. Charges/fees applicable to the development of this Property are/will be
addressed in City-Owner Contract, and Development Agreement.
6. Intersection sightline standards for the proposed intersection of Allison Ct NE
and Shannon Oaks Blvd NE shall be met. Any needed intersection
modifications will be addressed prior to Final Plat approval, subject to the
review and approval of Public Works.
7. Parkland dedication shall be made to the City Park and Recreation Department
prior to recording the Final Plat.
8. The applicant’s boulevard tree obligation shall be met prior to recording the
Final Plat.
5. At the September 4, 2019 public hearing, the Applicant’s representative agreed
with the above eight conditions as recommended by the Planning and Zoning Commission.
6. At the September 4, 2019 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
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
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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
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 September
4, 2019, hearing, it is hereby determined by the Common Council of the City of Rochester that
Land Subdivision Permit #CD2019-002 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.
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) #CD2019-002 subject to the eight
conditions of approval recommended by the Planning and Zoning Commission.
Dated at Rochester, Minnesota this _____ day of September, 2019.
________________________________
Randy Staver
President of the Rochester Common Council
Approved at Rochester, Minnesota this _____ day of September, 2019.
______________________________
Kim Norton
Mayor of the City of Rochester
Fof.Zone15\\LandSub\\2019-02
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