HomeMy WebLinkAbout1/6/2020 - G2 - FOF Willow Creek Commons (CD2019-003)
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
___________________________________
In Re: General Development Plan Findings of Fact,
(2019-003) Willow Creek Commons Conclusions of Law,
and Order
___________________________________
On January 6, 2020, the Common Council of the City of Rochester held a public hearing,
upon notice to the public.
At the January 6, 2020 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. R.C.O. §61.215, subd. 2, provides that a general development plan must comply with
all of the following criteria:
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.
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.
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G. The drainage, erosion, and construction in the area can be handled through
normal engineering and construction practices, or that, at the time 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.
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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 approving body to impose modifications or
conditions to the extent that such modifications or conditions are necessary to insure compliance
with §61.215.
3. The Community Development Department reviewed the General Development Plan
application using the criteria found at section 61.215, subd. 2, and recommended the findings of
fact as stated in their staff report.
4. Based upon its recommended findings of fact, the Community Development
Department recommended approval of the General Development Plan subject to the following
conditions:
1. Prior the submittal of a Preliminary Plat, the GDP must be updated with the
following information:
a. The GDP shall include the pond areas that will serve as storm water
detention basins for this project. The basins shall be shown in a
future subdivision plat as an Outlot to the development.
b. The applicant shall provide a revised GDP that demonstrates that the
density within the 300 foot Shoreland Protection Area (Willow Creek)
does not exceed 4 dwelling units per acre.
c. Identification that the impervious surface of lots in the Shoreland
Protection Area does not exceed 25% of each lot.
d. Remove “Approved GDP Area” and “Amended GDP Area” from the
project information table. As this is a new GDP, identify as “GDP
Area”
e. Remove “Amended General Development Plan # 151” from the title
block.
f. A unique General Development Plan name is requested. There is
an existing Willow Creek Commons General Development Plan for a
separate site southeast of the site.
g. Remove hammerhead vehicular turn-about at the west terminus of
the local street and replace with cul-de-sac design to the satisfaction
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of Rochester Public Works.
h. Driveways shall be no closer than 8 feet to one another at the curb
in the public right of way. Revise GDP plan in the east portion to
meet requirement.
i. Willow Commons Boulevard shall be constructed with a 28-foot wide
paved section (face of curb to face of curb), with one sidewalk
located only on the south side of the street, within a 56 ft. right of
way. The street shall only allow parking on only the north side.
j. The north/south secondary (west) access street to 40th Street SW
should be 24 feet in width (face of curb to face of curb) within a 52
foot Right-of-way. This street shall not allow on street parking.
k. Show a 4-foot wide pedestrian trail extending along the west access
road.
l. Amend the MNDOT ROW Plat identification on the east side of the
site to “‘MNDOT ROW PLAT NO. 55-44”.
m. A new 8” water main must be extended within the proposed local
street connecting these 2 stub outs.
n. Remove the note to “Existing Storm Pond” on the west side of the
site.
o. Identify Willow Commons Boulevard as a “Local Street” not a “Local
Collector”
2. Execution of a City-Owner Contract, and dedication of all applicable public
easements, is required prior to constructing public infrastructure to serve the
development.
3. Grading and Stormwater Management Plan approval will be required as
part of the subdivision approval process for development phases within this property, prior
to the submittal of a final plat.
4. The boulevard tree obligation shall be met prior to recording any final plat.
5. At the January 6, 2020 public hearing before the Common Council, the Applicant’s
representative appeared in support of the General Development Plan application and indicated
agreement with all of the recommended conditions of approval.
6. At the January 6, 2020 public hearing before the Common Council, the Common
Council adopted its own the findings of fact and recommendation subject to the four conditions
of approval as described above.
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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.
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
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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 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:
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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.
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 January 6, 2020,
public hearing, it is hereby determined by the Common Council of the City of Rochester that
General Development Plan 2019-003 complies with the requirements of §61.215, subd. 2 subject
to the satisfaction of the four conditions of approval as described above.
ORDER
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The Common Council of the City of Rochester, pursuant to R.C.O. §61.215, subd. 2, does
hereby approve General Development Plan 2019-003 subject to the satisfaction of the four
conditions of approval as described above.
Dated at Rochester, Minnesota this _____ day of ______________, 2020.
____________________________________
Randy Staver
President of the Rochester Common Council
Approved at Rochester, Minnesota this _____ day of ____________, 2020.
______________________________
Kim Norton
Mayor of the City of Rochester
Fof.Zone15/GDP/2019-0003.doc
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