HomeMy WebLinkAboutFinding of Fact - WestGlenSubdivision. PrelimPlatCD2019-003
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
________________________________________
In Re: Land Subdivision Permit #CD2019-003 PLAT Findings of Fact,
Conclusions of Law
And Order
________________________________________
On November 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 October 9, 2019, in response to Land Subdivision Permit (Preliminary
Plat) #CD2019-003PLAT. At the November 4, 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) # CD2019-003PLAT
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 # CD2019-003 PLAT satisfied the requirements of R.C.O. §61.225 if the
following ten 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. Utility easement dimensions shall be shown on the plat or
added to the information on the plat legend.
2. A temporary turn-around capable of supporting the weight of
responding fire apparatus shall be installed at the end of West
Glen Place NW. This temporary turn-around shall be maintained
year around by the owner, until the next phase extending this
roadway is initiated.
3. An approved Grading and Storm Water Management Plan will be
required prior to submittal of the Final Plat.
4. A formal annexation order from the state shall be provided to the
Rochester Community Development Department prior to submittal
of the Final Plat application.
5. Parkland dedication fees, in the amount of that is satisfactory to
the Parks and Recreation Director, shall be provided prior to the
recordation of a final plat.
6. The applicant’s boulevard tree obligation shall be met prior to
recording the final plat.
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7. Execution of a City-Owner Contract will be required prior to
construction of public infrastructure to serve this Property.
Charges / Obligations applicable to the development of this
Property shall be paid consistent with the terms of the
Development Agreements and City-Owner Contract.
8. A new Development Agreement is required and shall be executed
prior to Final Plat submittal for the first phase of development. The
Agreement will act to memorialize the Owner's and City's
obligations related, but not limited to: phasing of development,
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.
9. The applicant shall comply with the Contribution Agreement that is
applicable to the subject property addressing construction
obligations of Jordyn Road NW.
10. Emergency vehicle access roadways shall be serviceable prior to,
during and after building construction.
a) Minimum street width shall not be less than 20 feet clear
drivable width.
b) Streets less than 32 feet in width shall be posted “No
Parking” on one side of the street. Streets less than 26 feet
in width shall be posed “No Parking” on both sides of the
street.
c) Minimum cul-de-sac diameter shall not be less than 70 feet
in diameter.
d) Cul-de-sacs less than 96 feet in diameter shall be posted
“No Parking”.
5. At the November 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.
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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 November
4, 2019, hearing, it is hereby determined by the Common Council of the City of Rochester that
Land Subdivision Permit #CD2019-003 complies with the requirements of R.C.O. §61.225, subd.
2, if the Applicant satisfies the ten 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) #CD2019-003 subject to the ten
conditions of approval recommended by the Planning and Zoning Commission.
Dated at Rochester, Minnesota this _____ day of November, 2019.
________________________________
Randy Staver
President of the Rochester Common Council
Approved at Rochester, Minnesota this _____ day of November, 2019.
______________________________
Kim Norton
Mayor of the City of Rochester
Fof.Zone15\\LandSub\\2019-03
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