HomeMy WebLinkAboutFinding of Fact - RiverfrontCommons.GenDevPlan323 BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
In Re: General Development Plan Findings of Fact,
#323 Conclusions of Law,
and Order
On July 20, 2015, the Common Council of the City of Rochester held 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, 2015, in response to the application for General Development Plan
#323.
At the July 20th 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. At its June 10, 2015, public hearing on this application, the Planning and Zoning
Commission considered the issue of whether General Development Plan #323 satisfied the
conditions of ROCHESTER, MINN., CODE ORDINANCES §61.215 (2013).
2. R.C.O. §61.215 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
2
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:
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
3
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.
3. 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.
4. In a staff report dated June 4, 2015, the Planning Department staff reviewed the
General Development Plan application using the criteria found at section 61.215 and
recommended the following findings of fact:
A. The Rochester Urban Service Area Land Use Plan designated this
property as suitable of "low density residential". A Special District
amendment (R2015-003SD) is being considered concurrent with this
GDP. If the amendments are approved, the neighborhood-commercial
land uses would be consistent with the comprehensive plan.
Mixtures of single and multi-family uses that arise as a result of planned
unit developments (Special Districts) in low-density areas are consistent
with the Plan. It is expected that the public benefit of the design
advantages of such a development and the areas of open space created
by such a development pattern will alleviate any problems that may result
4
from mixing different types of residential uses.
B. The development has been designed with the 16th Street SW Intersection
Improvements Project in mind and through consultation with the City of
Rochester Public Works Department. The developer will be responsible
for certain traffic improvements, including signaling, pedestrian facilities,
and sidewalk improvements.
The proposed development would allow for uses that are compatible with
the approved uses for the site which were originally approved as the
Riverfront Commons Special District in 2009. The developer, through a
Special District amendment seeks to increase the number of residential
units on site from 36 to 175 and reduce the commercial square footage on
the site from 133,155 square feet to 80,000 square feet. Arguably, the
change in residential use and commercial use on the site will reduce
annual daily trips to and from the site and thereby reduce congestion,
compared with that approved in 2009.
The City Traffic Engineer and Planning Department Transportation
Planner confirm that the Level of Service predictions for the development
at the new signaled intersection confirm with the developer's accepted
2015 TIR study and result in an acceptable LOS at this location.
C. On-site access and circulation design for pedestrians, bicyclists and
vehicles will be reviewed at such a time that a detailed development
proposal is submitted for zoning review. At such time, connections to the
existing pedestrian facilities along the property will need to be shown.
City of Rochester Public Works requires that the development plan for
this property should identify a future cross access from the Stonebarn
Estates development, at a mutually agreeable location. This item
requires more discussion between the developer, local residents, and City
of Rochester Public Works Department. Any agreed upon notional
access should be shown on the site plan and the General Development
Plan.
D. An important goal of the Land Use Plan is to accommodate and
encourage mixed density and mixed use development. While the
locational criteria indicate suitability for the predominant use and the level
of intensity of use in an area, it is not intended to designate areas
exclusively for the uses indicated.
Mixtures of single and multi-family uses that arise as a result of planned
unit developments (Special Districts) in low-density areas are also
consistent with the Plan. It is expected that the public benefit of the
design advantages of such a development and the areas of open space
created by such a development pattern will alleviate any problems that
may result from mixing different types of residential uses.
5
The development density is consistent with land use designation of the
Land Use Plan. The GDP promotes the development of mixed-use on the
site, allowing residents to walk to commercial uses in close proximity to
their residence. Additionally, the GDP is consistent with the Housing
Plan and the standards for the physical and social environmental needs
of residential neighborhoods.
E. The assessment of the road improvements and traffic signal considered
future development of Parcel A. The developer will be responsible for a
portion of these roadworks/pedestrian/signal improvements. The 16th
Street SW Intersection Improvements Project is included in the 2014-
2018 Capital Improvement Program. Improvements necessary to facilitate
development of this property include-
1.
nclude:1. Left turn lane on 16th Street S.W., for eastbound traffic;
2. Right turn lane on 16th Street S.W., for westbound traffic including
the entrance to the future roadway to the north;
3. Right turn lane on Mayowood Road for northbound traffic;
4. Additional signal system components to accommodate the fourth
leg of what is now a T-intersection;
5. Pedestrian trail connection from the proposed entrance to the
existing trail to the west;
6. Sidewalk improvements as needed to accommodate the access to
the site.
The City Traffic Engineer and Planning Department Transportation
Planner confirm that the Level of Service predictions for the development
at the new signaled intersection confirm with the developer's accepted
2015 TIR study and result in an acceptable LOS at this location.
Execution of a Development Agreement is required between the
developer and the City of Rochester in order to facilitate stormwater
management, transportation improvements, pedestrian facilities,
contributions for public infrastructure, and the extension of public utilities
abutting properties, where applicable.
F. The overall Level of Service (LOS) (a measure of delay and congestion)
of the new intersection will improve with installation of the signal, as the
significant delay now experienced in peak hours by northbound traffic on
Mayowood Road SW (and which would be experienced by future
outbound development traffic under a stop condition) will be significantly
reduced. The traffic study completed for the development (2015) indicated
6
that a LOS B will be achieved under signalized intersection control, well
within the realm of acceptable LOS on an arterial street. The Land
Development Manual indicates that we require LOS C or better be
maintained for arterial intersections.
A city study of the intersection in 2013 to support its decision to install a
traffic signal considered the anticipated 20 year traffic and found the LOS
at the intersection would degrade only to a LOS C, still well above the
level of acceptable LOS. It should be noted that the traffic assumed for a
proposed north leg of the intersection in the city study done in early 2013
matches well (within 10%) of the trip generation estimated for the
proposed development in the 2015 Traffic Impact Report (TIR),
suggesting the results of the city study for the 10 to 20 year horizon
should be valid as an assessment for this development.
The City Traffic Engineer and Planning Department Transportation
Planner confirm that the Level of Service predictions for the development
at the new signaled intersection confirm with the developer's accepted
2015 TIR study and result in an acceptable LOS at this location.
City of Rochester Public Works has reviewed the development in terms of
traffic and auto stacking which may affect neighboring properties. Public
Works has issued no concerns regarding stacking at this location.
The property is currently serviced by a public sanitary sewer and public
water supply system. The property is within the Main Level Water System
Area available at 16th Street SW and Mayowood Road SW and along the
west side of the Stonebarn Estates property. An additional 10' utility
easement is required along the south side of the property.
Infrastructure upgrades will be required for this development, and these
will form agreements with the City of Rochester Public Works Department.
A Grading and drainage plan approval will also be required through the
development review process.
Infrastructure upgrades will be required for this development, and these
will form agreements with the City of Rochester Public Works Department.
G. Grading and drainage plan approval will be required through the
development review process.
H. The property does not have any Decorah Edge features on it. A wetland
delineation is on file with the Planning Department, and a No-Loss,
Exemption, or Replacement Plan has been submitted to the Planning
7
Department.
I. At present the lot is a single unplatted lot. It is likely that the developer
will plat the lot into three separate lots, comprised of one block. No public
right-of-way is proposed for dedication to serve the development. All
internal traffic circulation, drive aisles, and parking will remain private.
The configuration of internal private road and parking will need to comply
with specifications identified within the Land Development Manual.
J. The development is surrounded by existing development to the east and
south, including roadways (higher level street to the south). The
development is surrounded by topographical constraints to the north and
west, which will not facilitate further development into these areas due to
the existence of public parkland and flood risk. The proposal is
considered infill development.
K. The GDP is in compliance with the Comprehensive Plan.
An important goal of the Land Use Plan is to accommodate and
encourage mixed density and mixed use development. While the
locational criteria indicate suitability for the predominant use and the level
of intensity of use in an area, it is not intended to designate areas
exclusively for the uses indicated.
Mixtures of single and multi-family uses that arise as a result of planned
unit developments (Special Districts) in low-density areas are also
consistent with the Plan. It is expected that the public benefit of the
design advantages of such a development and the areas of open space
created by such a development pattern will alleviate any problems that
may result from mixing different types of residential uses.
The development density is consistent with land use designation of the
Land Use Plan. The GDP promotes the development of mixed-use on the
site, allowing residents to walk to commercial uses in close proximity to
their residence. Additionally, the GDP is consistent with the Housing
Plan and the standards for the physical and social environmental needs
of residential neighborhoods.
The 16th Street SW Intersection Improvements Project will be constructed
to Complete Streets standards.
L. Specific building footprints are on the GDP. There are sidewalks shown
on the Special District site plan and the GDP for the interior of the
development. Sidewalks appear to connect the buildings to the bike trail
along the Zumbro River. Connections are made from buildings to parking
lots, but not all pedestrian crossings are delineated. No pedestrian
connection is shown to the Open Space area identified on the site plan or
8
GDP. Further review of this pedestrian amenity can take place at the Site
Development Plan review stage.
5. At its June 10, 2015, meeting, the Rochester Planning and Zoning Commission
held a public hearing on this General Development Plan, reviewed the application according to the
requirements of section 61.215, and recommended denial of the application based upon the fact
that the General Development Plan does not meet the criteria found at R.C.O. §61.215, subd. 2(A)
as the proposed land uses are not generally in accord with the adopted zoning map that places
this property in the R-1 and Special District Zoning Districts.
6. Following the Commission's June 10, 2015, meeting, the applicant submitted
revisions to the proposed General Development Plan #323. In response, the Planning
Department staff, in a staff report dated July 15, 2015, reviewed the revised General
Development Plan application using the criteria found at section 61.215 and recommended the
following findings of fact:
A. The Rochester Urban Service Area Land Use Plan designated this
property as suitable of "low density residential". A Special District
amendment (R2015-003SD) is being considered concurrent with this
GDP. If the amendments are approved, the neighborhood-commercial
land uses would be consistent with the comprehensive plan.
Mixtures of single and multi-family uses that arise as a result of planned
unit developments (Special Districts) in low-density areas are consistent
with the Plan. It is expected that the public benefit of the design
advantages of such a development and the areas of open space created
by such a development pattern will alleviate any problems that may result
from mixing different types of residential uses.
B. The development has been designed with the 16th Street SW Intersection
Improvements Project in mind and through consultation with the City of
Rochester Public Works Department. The developer will be responsible
for certain traffic improvements, including signaling, pedestrian facilities,
and sidewalk improvements.
The proposed development would allow for uses that are compatible with
the approved uses for the site which were originally approved as the
9
Riverfront Commons Special District in 2009. The developer, through a
Special District amendment seeks to increase the number of residential
units on site from 36 to 159 and reduce the commercial square footage on
the site from 133,155 square feet to 65,000 square feet. Arguably, the
change in residential use and commercial use on the site will reduce
annual daily trips to and from the site and thereby reduce congestion,
compared with that approved in 2009.
The City Traffic Engineer and Planning Department Transportation
Planner confirm that the Level of Service predictions for the development
at the new signaled intersection confirm with the developer's accepted
2015 TIR study and result in an acceptable LOS at this location.
C. On-site access and circulation design for pedestrians, bicyclists and
vehicles will be reviewed at such a time that a detailed development
proposal is submitted for zoning review. At such time, connections to the
existing pedestrian facilities along the property will need to be shown.
City of Rochester Public Works requires that the development plan for
this property should identify a future cross access from the Stonebarn
Estates development, at a mutually agreeable location. The agreed-upon
notional access is shown on the Site Plan Exhibits and on the General
Development Plan.
D. An important goal of the Land Use Plan is to accommodate and
encourage mixed density and mixed use development. While the
locational criteria indicate suitability for the predominant use and the level
of intensity of use in an area, it is not intended to designate areas
exclusively for the uses indicated.
Mixtures of single and multi-family uses that arise as a result of planned
unit developments (Special Districts) in low-density areas are also
consistent with the Plan. It is expected that the public benefit of the
design advantages of such a development and the areas of open space
created by such a development pattern will alleviate any problems that
may result from mixing different types of residential uses.
The development density is consistent with land use designation of the
Land Use Plan. The GDP promotes the development of mixed-use on the
site, allowing residents to walk to commercial uses in close proximity to
their residence. Additionally, the GDP is consistent with the Housing
Plan and the standards for the physical and social environmental needs
of residential neighborhoods.
E. The assessment of the road improvements and traffic signal considered
future development of Parcel A. The developer will be responsible for a
portion of these roadworks/pedestrian/signal improvements. The 16th
10
Street SW Intersection Improvements Project is included in the 2014-
2018 Capital Improvement Program. Improvements necessary to facilitate
development of this property include-
1.
nclude:1. Left turn lane on 16th Street S.W., for eastbound traffic;
2. Right turn lane on 16th Street S.W., for westbound traffic including
the entrance to the future roadway to the north;
3. Right turn lane on Mayowood Road for northbound traffic;
4. Additional signal system components to accommodate the fourth
leg of what is now a T-intersection;
5. Pedestrian trail connection from the proposed entrance to the
existing trail to the west;
6. Sidewalk improvements as needed to accommodate the access to
the site.
The City Traffic Engineer and Planning Department Transportation
Planner confirm that the Level of Service predictions for the development
at the new signaled intersection confirm with the developer's accepted
2015 TIR study and result in an acceptable LOS at this location.
Execution of a Development Agreement is required between the
developer and the City of Rochester in order to facilitate stormwater
management, transportation improvements, pedestrian facilities,
contributions for public infrastructure, and the extension of public utilities
abutting properties, where applicable.
F. The overall Level of Service (LOS) (a measure of delay and congestion)
of the new intersection will improve with installation of the signal, as the
significant delay now experienced in peak hours by northbound traffic on
Mayowood Road SW (and which would be experienced by future
outbound development traffic under a stop condition) will be significantly
reduced. The traffic study completed for the development (2015) indicated
that a LOS B will be achieved under signalized intersection control, well
within the realm of acceptable LOS on an arterial street. The Land
Development Manual indicates that we require LOS C or better be
maintained for arterial intersections.
A city study of the intersection in 2013 to support its decision to install a
traffic signal considered the anticipated 20 year traffic and found the LOS
at the intersection would degrade only to a LOS C, still well above the
level of acceptable LOS. It should be noted that the traffic assumed for a
proposed north leg of the intersection in the city study done in early 2013
11
matches well (within 10%) of the trip generation estimated for the
proposed development in the 2015 Traffic Impact Report (TIR),
suggesting the results of the city study for the 10 to 20 year horizon
should be valid as an assessment for this development.
The City Traffic Engineer and Planning Department Transportation
Planner confirm that the Level of Service predictions for the development
at the new signaled intersection confirm with the developer's accepted
2015 TIR study and result in an acceptable LOS at this location.
City of Rochester Public Works has reviewed the development in terms of
traffic and auto stacking which may affect neighboring properties. Public
Works has issued no concerns regarding stacking at this location.
The property is currently serviced by a public sanitary sewer and public
water supply system. The property is within the Main Level Water System
Area available at 16th Street SW and Mayowood Road SW and along the
west side of the Stonebarn Estates property. An additional 10' utility
easement is required along the south side of the property.
Infrastructure upgrades will be required for this development, and these
will form agreements with the City of Rochester Public Works Department.
A Grading and drainage plan approval will also be required through the
development review process.
Infrastructure upgrades will be required for this development, and these
will form agreements with the City of Rochester Public Works Department.
G. Grading and drainage plan approval will be required through the
development review process.
H. The property does not have any Decorah Edge features on it. A wetland-
related application has been approved by the City. This plan incorporates
the approved wetland plan.
I. At present the lot is a single unplatted lot. It is likely that the developer
will plat the lot into three separate lots, comprised of one block. No public
right-of-way is proposed for dedication to serve the development. All
internal traffic circulation, drive aisles, and parking will remain private.
The configuration of internal private road and parking will need to comply
with specifications identified within the Land Development Manual.
J. The development is surrounded by existing development to the east and
south, including roadways (higher level street to the south). The
12
development is surrounded by topographical constraints to the north and
west, which will not facilitate further development into these areas due to
the existence of public parkland and flood risk. The proposal is
considered infill development.
K. The GDP is in compliance with the Comprehensive Plan.
An important goal of the Land Use Plan is to accommodate and
encourage mixed density and mixed use development. While the
locational criteria indicate suitability for the predominant use and the level
of intensity of use in an area, it is not intended to designate areas
exclusively for the uses indicated.
Mixtures of single and multi-family uses that arise as a result of planned
unit developments (Special Districts) in low-density areas are also
consistent with the Plan. It is expected that the public benefit of the
design advantages of such a development and the areas of open space
created by such a development pattern will alleviate any problems that
may result from mixing different types of residential uses.
The development density is consistent with land use designation of the
Land Use Plan. The GDP promotes the development of mixed-use on the
site, allowing residents to walk to commercial uses in close proximity to
their residence. Additionally, the GDP is consistent with the Housing
Plan and the standards for the physical and social environmental needs
of residential neighborhoods.
The 16th Street SW Intersection Improvements Project will be constructed
to Complete Streets standards.
L. Specific building footprints are on the GDP. There are sidewalks shown
on the Special District site plan and the GDP for the interior of the
development. Sidewalks appear to connect the buildings to the bike trail
along the Zumbro River. Connections are made from buildings to parking
lots, but not all pedestrian crossings are delineated. No pedestrian
connection is shown to the Open Space area identified on the site plan or
GDP. Further review of this pedestrian amenity can take place at the Site
Development Plan review stage.
7. Based upon its recommended findings of fact, the Planning Department's July
15, 2015, staff report recommends approval of General Development Plan #323 subject to the
following conditions:
13
A. There are inadequate on and off site public facilities, specifically Public
Roadways, Sanitary Sewer, Water, and Storm Water Management
Facilities, existing to accommodate the development of this Property. No
development will be allowed to occur until the City Council has
determined that all required public facilities are adequate for said
development. Alternatively, the developer may request to join with the City
in making these inadequate public facilities adequate for this
development, and may enter into a development agreement, prior to
recording a Final Plat for the property (or final development approval if
there is no plat) that outlines the developer's and City's obligations
related, but not limited to: future access control and access to abutting
property, 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,
limitations to traffic generated by the proposed development. and the
extension of public utilities to abutting properties where applicable.
B. Dedication of Controlled Access shall be shown on the Final Plat,
consistent with the terms for required access control specified in the
Development Agreement for the Property.
C. Execution of a City-Owner Contract, and dedication of any applicable off-
site public easements is required prior to construction of any public
infrastructure.
D. The Owner has entered into an Assessment Agreement with the City to
address Owner's obligations related to the City's public improvements
project "J6009, 16th ST SW Intersection Improvements". The Owner is
aware of the J6009 project and its potential impact to access to the
property during construction of the intersection improvements.
E. A Traffic Impact Report has been prepared and submitted to the City for
review. All mitigation of the traffic impacts from this development must be
implemented, or the development density limited to the capacity of the
16th St SW / Mayowood Rd SW intersection.
F. Development charges and fees applicable to the Property, not otherwise
addressed in the Assessment Agreement will be addressed in the
Development Agreement and / or City-Owner Contract for this project.
G. The westerly extent of the pedestrian path alignment along 16th St SW
(CSAH 25) does not match the alignment anticipated on the construction
plans for 16th St SW, but is acceptable, provided the design and
alignment meet City and ADA standards.
H. Boulevard trees will be required for the development. Prior to the
14
development of the property, the Owner shall determine which of the two
available options, Payment Method or Install Boulevard Trees, will be
used to meet their boulevard tree obligations for each phase of
development. Once the option is selected, the Owner shall either make
applicable cash payment to the Rochester Park & Recreation Department
or submit a planting plan to the City Forester for a planting permit prior to
final development approval.
I. Parkland Dedication is required for this project. The Park and Recreation
Department recommends that dedication requirements be met via: Cash
in lieu of land for this development.
J. Public water mains must be looped through the site connecting both
locations per RPU requirements.
K. RPU's Field Services Division has completed a review of the above-
referenced plan. The area crosses the Wellhead Protection Area (WHPA)
for Wells 11 & 25. RPU asks the developer/builder to be mindful of these
areas while developing them. Please use Best Management Practices
(BMP's) while developing the area, avoid storing hazardous materials in
the Areas or developing them in a manner that would have hazardous
material generators/storage in the area. Stormwater infiltration basins
should be developed outside of the WHPA.
L. The applicant's engineering firm must work with RPU to develop the
necessary water system layout to serve this area.
M. An additional 10' public utility easement is required along the south side
of the property parcel ID 64.11.23.080643.
8. At the July 20th public hearing before the Common Council, the Applicant's
representative agreed with all of the Planning Department staff's recommended conditions of
approval.
9. At the July 20th public hearing, the Council amended condition of approval #B so
as to read as follows:
B. Dedication of Controlled Access shall be shown on the Riverfront
Commons Final Plat, consistent with the terms for required access control
specified in the Development Agreement for the Property.
10. At the July 20th public hearing, the Common Council concurred with and adopted
15
as its own the findings of fact and recommendation for approval made by the Planning
Department staff as described and amended above.
CONCLUSIONS OF LAW
1. R.C.O. §61.215 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.
16
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
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
17
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.
evelopment: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 the July 20,
18
2015, public hearing, it is hereby determined by the Common Council of the City of Rochester that
General Development Plan #323 complies with the requirements of §61.215 if the Applicant
satisfies the 13 conditions of approval recommended by the Planning Department staff as
described and amended above.
19
ORDER
The Common Council of the City of Rochester, pursuant to R.C.O. §61.215, does hereby
approve General Development Plan #323 subject to the satisfaction of the 13 conditions of
approval recommended by the Planning Department staff as amended above.
Dated at Rochester, Minnesota this day of July, 2015.
Randy Staver
President of the Rochester Common Council
Approved at Rochester, Minnesota this day of July, 2015.
Ardell F. Brede
Mayor of the City of Rochester
FOF.Zone15\GDP\323
20