HomeMy WebLinkAboutFinding of Fact - GDP325.HomesteadWestPhaseIII Finding of Facts BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
In Re: General Development Plan Findings of Fact,
#325 Conclusions of Law,
and Order
On September 9, 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 August 12, 2015, in response to the application for General Development Plan
#325.
At the September 9t" 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 August 12, 2015, public hearing on this application, the Planning and Zoning
Commission considered the issue of whether General Development Plan #325 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
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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
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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. 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. Zoning District amendment (#R2015-005ZC) and Land Use Plan
amendment (#R2015-004LUPA) are being considered concurrent with
this GDP. If the amendments are approved, the land uses indicated for
the R-3 (Medium Density Residential) would be consistent with the
comprehensive plan.
B. The proposed development appears to be compatible with the existing
uses on the adjacent properties. There is an existing similar facility
already on site and none of the proposed changes alter property lines,
setbacks, trails, or alignment of roads.
C. The design provides interior circulation for pedestrians, bicyclists and
private vehicles. Access to public transportation and integration of the
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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 within the community perimeters and within the
public Right of Way.
D. Developing the property with medium density development would be
consistent with the Land Use Plan and Housing Plan. Prior to developing
the property, the Site Development Plan review process would need to be
completed to review the proposed development to ensure that it meets the
R-3 zoning district regulations. If the density or floor area ratio exceeds
the permitted Type I review allowed within the zoning district, the
development would need to be reviewed through the incentive
development provisions.
E. The proposed plan accommodates the future road improvements of the
ROCOG 2040 Transportation Plan, the policy for Complete Streets, and
provides community support with the existing road infrastructure that's
already in place.
F. The existing road infrastructure that is already in place adequately serves
the property.
This property is within the Main Level Water System Area.
Static water pressures within this area will range from the upper 50's to
the lower 60's PSI depending on final grades.
A portion of the existing public water main that runs through this property
will need to be relocated per RPU's requirements.
A revocable permit will be required if the public water main is outside of
the paved areas and within landscaping features.
RPU will work with the applicant's engineering firm to develop the
necessary water system layout to serve this area.
A Development Agreement already exists for this property and
development is subject to the terms in said agreement. A Grading and
drainage plan approval will also be required through the development
review process.
G. Grading and drainage plan approval will be required through the
development review process for the individual lots and phases.
H. A wetland related application has been approved by the City. This plan
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incorporates the approved wetland plan.
I. The GDP identifies the property being developing with and medium
density residential. Prior to developing the property the site development
plan review process would need to be completed to review the proposed
development to ensure that it meets the R-3 zoning district regulations. If
the density or floor area ratio exceeds the permitted Type I review allowed
within the zoning district, the development would need to be reviewed
through the incentive development provisions.
J. A development agreement already exists for this property and
development is subject to the terms in said agreement.
K. The Plan appears to be in compliance with the Comprehensive Plan of
the City with the re-designation to medium density residential. Additional
site detail, such as pedestrian connections to the existing adjacent public
sidewalks/trails, will be reviewed at the time of a detailed development
review.
L. Building footprints and lot layout have been identified on the GDP.
Additional site detail, such as pedestrian connections to the existing
adjacent public sidewalks/trails, will be reviewed at the time of a detailed
development review. Public sidewalks will be required on along both
sides of public roadways.
5. Based upon its recommended findings of fact, the Planning Department staff
recommended approval of the General Development Plan subject to the following conditions:
A. A plan labeled as a General Development Plan is required, not just a Site
Plan with a label stating when the GDP was submitted.
B. A Site Development Plan will be required as the property further
develops.
C. A Final Plat will be required.
D. There is an existing Development Agreement for this Property and
development is subject to the terms of said agreement.
E. Grading & Drainage Plan approval will be required through the site
development plan process.
F. Outlot A, The Homestead Second will be dedicated to the City in the
future. Prior to final development permit approval, the execution of a
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Revocable Permit Agreement is required to address the developer's
proposed private improvements within the future public parcel.
G. Execution of a City-Owner Contract is required for the proposed
relocation of public watermain within this development, as well as, for the
extension of additional public watermain & hydrants and any public
sanitary sewer or storm sewer that is required through the development
review process.
H. A portion of the existing public water main that runs through this property
will need to be relocated per RPU's requirements.
I. A revocable permit will be required if the public water main is outside of
the paved areas and within landscaping features.
J. The applicant's engineering firm must work with RPU to develop the
necessary water system layout to serve this area.
K. Dedication requirements for parkland must be met via: Combination of
land, cash and credits. Previous development of 336 units (need to verify)
created a dedication requirement of 5.3088 acres (336 x .0158). The
proposed development adds 1.958 acres to the total for 7.2668 acres.
Previously 1.65 acres credit was given for the future dedication of the
path and 3.53 acres was paid in cash (3.53 acres x $25,000/acre =
$88,250). This leaves a total of 2.0868 acres of dedication remaining for
the total development to be paid in cash along with the dedication of the
path.
L. Boulevard trees will be required for the development. Prior to the
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. Trees shall be planted every 35 feet.
6. At its August 12, 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, adopted the Planning Department's recommended findings of fact,
and recommended approval of the General Development Plan application subject to the Planning
Department Staffs recommended 11 conditions of approval (conditions#3 to be deleted).
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7. At the September 9t" public hearing before the Common Council, the Council
added condition of approval #M to read as follows:
M. Applicant will grant to the City temporary construction easements for the
replacement of the existing sanitary sewer that is located on the property.
8. At the September 9t" public hearing before the Common Council, the applicant's
representative indicated agreement with all of the Planning and Zoning Commission's
recommended findings of fact and conditions of approval as well as condition of approval #M.
9. At the September 9t" public hearing before the Common Council, the Common
Council concurred with and adopted as its own the findings of fact and conditions of approval
recommended by the Planning and Zoning Commission and the addition of condition of
approval #M as described 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.
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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
9
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
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
10
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 September
97 2015, public hearing, it is hereby determined by the Common Council of the City of Rochester
that General Development Plan #325 complies with the requirements of §61.215 if the applicant
satisfies the 12 conditions of approval recommended by the Planning and Zoning Commission
(conditions#A, #B, and #D -#L) and condition of approval #M.
ORDER
The Common Council of the City of Rochester, pursuant to R.C.O. §61.215, does hereby
approve General Development Plan #325 subject to the satisfaction of the 12 conditions of
approval recommended by the Planning and Zoning Commission (conditions #A, #B, and #D -#L)
and condition of approval #M.
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Dated at Rochester, Minnesota this day of September, 2015.
Randy Staver
President of the Rochester Common Council
Approved at Rochester, Minnesota this day of September, 2015.
Ardell F. Brede
Mayor of the City of Rochester
FOF.Zone15\GDP\325
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