HomeMy WebLinkAboutFinding of Fact - PeaceUnitedChurchofChrist.GenDevPlan326 BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
In Re: General Development Plan Findings of Fact,
#326 Conclusions of Law,
and Order
On September 21, 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 26, 2015, in response to the application for General
Development Plan #326.
At the September 21St 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 26, 2015, public hearing on this application, the Planning and Zoning
Commission considered the issue of whether General Development Plan #326 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 (#R2015-006ZC) is being considered
concurrent with this GDP. If the amendment is approved, the land uses
indicated for the B-2 (Pedestrian Oriented Restricted Commercial) would
be consistent with the comprehensive plan.
B. The proposed development appears to be compatible with the existing
uses on the adjacent properties since there is an existing church on site
already. The property is surrounded by existing developments consisting
of single family dwellings, condos, commercial offices and retail uses.
The overall density and site layout will be determined by the zoning
district regulations of the B-2 (Pedestrian Oriented Restricted
Commercial) and further reviewed through the Site Development Review
process.
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C. No new accesses are proposed for the development. The GDP identifies
keeping the two existing accesses to 2nd Avenue NE. An internal sidewalk
system is shown from the buildings that lead to the existing sidewalk
along 2nd Avenue NE.
D. Further developing the property with an addition to an existing church
would be consistent with the Land Use Plan and Housing Plan. According
to "Use Designations" of the Land Use Plan, "Medium Density residential
areas are intended primarily for multi-unit housing developments and,
where appropriate, other uses that are of similar character and intensity
or that are supportive of the neighborhood.
The Housing Plan further states that minimum standards can be
developed for social environments of residential neighborhoods.
Standards considered to be applicable to this area include, Residential
Area, 6) Spatial and social arrangements that encourage neighborhood
interaction, which also furthers the Goal of number 5) which states,
"ensuring that housing (or similar uses) are developed and maintained in
a harmonious relationship with surrounding areas."
E. According to the current 6-year CIP or other public facilities plans
adopted by the City there is no planned capital improvements or street
within the property. The property has frontage on 14th Street NE and 2nd
Ave NE. Access to the property is from 2nd Ave NE at two locations.
The GDP identifies keeping the two existing accesses off of Second
Avenue N.E.
If the threshold criteria in the LDM, Section 61.520 are met, the applicant
is obligated for the preparation of a Traffic Impact Report unless a waiver
of the requirement is approved by the City Engineer after reviewing
technical reasons from the applicant's consulting engineer for why a
waiver of the TIR is justified.
F. If the threshold criteria in the LDM, Section 61.520 are met, the applicant
is obligated for the preparation of a Traffic Impact Report unless a waiver
of the requirement is approved by the City Engineer after reviewing
technical reasons from the applicant's consulting engineer for why a
waiver of the TIR is justified.
The property has frontage on 14th Street NE and 2nd Ave NE. Access to
the property is from 2nd Ave NE at two locations.
The GDP identifies keeping the two existing accesses off of 2nd Ave NE.
Sanitary sewer is located within 2nd Ave NE and water is looped from 2nd
Ave NE along 14th St NE and then 1St Ave NE.
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Pedestrian facilities currently exist along all public road frontage(s) of the
property.
G. Grading and Drainage Plan approval will be required through the Site
Development Plan process.
H. No hydric soils exist on the property based on the soil survey.
I. The GDP identifies the property being developed as one block and one
lot. The property has frontage on 14th Street NE and 2nd Ave NE. Access
to the property is from 2nd Ave NE at two locations. The GDP identifies
keeping the two existing accesses off of 2nd Ave NE. Pedestrian facilities
currently exist along all public road frontage(s) of the property.
J. The proposal is part of an existing development.
K. No work is proposed to take place within the adjacent right-of-way to
serve the proposed development. 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. Based on the layout provided for the property, pedestrian access is from
the building entrances to the adjacent facilities in the public right-of-way.
Additional review of these connections and possible other connections
will need to be reviewed in more detail at the time of the site development
plan review.
Pedestrian facilities currently exist along all public road frontage(s) of the
property.
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. On the Preliminary Plat, the property line indicated on Block 1, Lot 1 gives
the appearance of two lots and will need to be removed.
B. As development occurs, further review of the proposal will be required to
go through the Site Development Review process.
C. Grading & Drainage Plan approval will be required through the Site
Development Plan process.
D. 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
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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 26, 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 four conditions of approval.
7. At the September 21St public hearing before the Common Council, the Planning
Department staff recommended the deletion of condition of approval #A.
8. At the September 21St 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 described and
amended above.
9. At the September 21St 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 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:
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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
8
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:
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
9
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 September
217 2015, public hearing, it is hereby determined by the Common Council of the City of Rochester
that General Development Plan #326 complies with the requirements of §61.215 if the applicant
satisfies the three conditions of approval recommended by the Planning and Zoning Commission
as amended (conditions of approval #B -#D).
ORDER
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The Common Council of the City of Rochester, pursuant to R.C.O. §61.215, does hereby
approve General Development Plan #326 subject to the satisfaction of the three conditions of
approval recommended by the Planning and Zoning Commission as amended (conditions of
approval #B -#D).
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\326
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