HomeMy WebLinkAboutFinding of Fact /F11 - LUPA2015-003.ZoningDistrictAmendR2015-004.RubiconCapital.LLC BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
In Re: Land Use Plan Amendment#R2015-003 Findings of Fact,
and Zoning District Amendment#R2015-004 Conclusions of Law,
and Order
On September 21, 2015, the Common Council of the City of Rochester conducted a public
hearing, with notice to the public, to hear the application of Rubicon Capital, LLC, ("Applicant") to
consider an amendment to the land use plan designation for property located east of Forest Knoll
Drive, S.E., west of St. Bridget Road S.E., and south of 48th Street S.E. ("Site"). The Applicant
seeks to change approximately 13.3 acres of land on the Site from the "Industrial" designation to
the "Medium Density Residential" designation. The Applicant also seeks a zoning district change
for approximately 13.3 acres of land on the Site from the M-1 Zoning District (Mixed Commercial-
Industrial) to the R-3 Zoning District (Medium Density Residential).
At the September 21St public hearing, all interested persons were given an opportunity to
give testimony and make presentations concerning the application. During the September 21St
public hearing, the Council received into the record and considered: (1) materials included as part
of the Council agenda packet and (2) hard copies of a presentation provided by the Applicant's
representative. All documents are on file with the City Clerk.
Following the public hearing, the Council considered and discussed the entire matter.
Based upon all of the testimony and evidence presented at the September 21St public hearing, the
1
Council made the following findings of fact, conclusions of law, and order.
FINDINGS OF FACT
1. The Site is located along the south side of 48th Street SE, the west side of St.
Bridget Road SE (County State Aid Highway [CSAH] 20) and on the east side of Maine
Avenue SE and Forest Knoll Drive SE. The property is platted as Lot 1 Block 2 and Lot 1
Block 3 of Fleet Farm Addition to Rochester subdivision. The general development plan
encompasses all lots, while the land use plan map amendment and zoning map amendment
encompass an approximate 13 acre portion. The area also encompasses currently platted
ROW, an undeveloped section of Maine AVE SE that completes the current street from Forest
Knoll Drive SE to St. Bridget Road SE (CSAH 20).
2. In addition to the above applications, the applicant submitted preliminary plat
R2015-025PLAT, which identifies an extension of Forest Knoll Dr SE from Maine Ave SE to
St. Bridget's Rd SE (CSAH 20). A revised GDP was submitted, and the preliminary plat and
GDP are consistent with one another.
3. The revised GDP identifies two commercial lots north of the Forest Knoll
extension and one residential lot to the south. The northwestern commercial lot is 5.68 acres
and the northeastern commercial lot is 3.28 acres. The proposed R-3 residential lot is 12.76
acres. All three properties will have access onto the Forest Knoll extension.
4. The property is currently undeveloped commercial land.
5. The Site is presently designated on the Future Land Use Plan for "Industrial"
2
use. The Applicant seeks to amend approximately 13.3 acres of the Site's land use
designation to the "Medium Density Residential" use designation. The Applicant also seeks a
zoning district change for 13.3 acres of the Site from its current M-1 Zoning District designation to
the R-3 Zoning District.
6. To the north of the Site, there is 48th Street SE, identified as a future expressway
on the Thoroughfare Plan. There is a City owned drainage and retention pond. Across 48th
Street SE to the north is commercial development, part of the Shoppes on Maine
development. This area is zoned M-1. To the east of the Site, there is St. Bridget Road SE
(CSAH 20). The City's boundary roughly follows the centerline, and across the road to the
east is land within the County. Currently, there is a field owned by Seneca Foods Corporation
and zoned A-4 Agricultural-Urban Expansion District. On the ROCOG 2040 Plan, CSAH 20 is
identified as a Regional Highway — Major Regional Arterial. To the south of the Site, there is
an existing residential development, zoned R-3. The development includes a parcel owned by
the Forest Knoll Association that is a drainage and retention pond. The R-3 development has
direct access onto Forest Knoll Drive SE. South of the R-3 development is a single family
housing development, which has access onto Forest Knoll Drive SE and onto CSAH 20. To
the west of the site, there is Maine Avenue SE and Forest Knoll Drive SE. Maine Avenue SE
is listed as a Primary Urban Collector on the ROCOG 2040 Transportation Plan, and shows
Maine Avenue SE continuing through to St. Bridget Road SE. Across Maine Avenue SE and
Forest Knoll Drive SE is developed land zoned M-1. On the southern portion is a City owned
parcel that has a drainage and retention pond. Otherwise, the area is developed with a Mills
3
Fleet Farm retail store, parking lot and gas station.
7. The applicant has proposed real ignment/extension of Forest Knoll Dr SE, to
connect to St. Bridget's Rd SE (CSAH 20). As a result, in addition to the above access points
identified, the applicant is also proposing this public street and all three proposed lots front on
this local street and will have access to it.
8. The commercial designated properties have frontage along 48th Street SE,
Maine Avenue SE and CSAH 20, though access is controlled. The R-3 designated area has
frontage on Maine Avenue SE, Forest Knoll Drive SE and CSAH 20. The GDP identifies a
private connection on CSAH 20, though County Public Works is not in favor of this and
recommends the alternative realignment of Maine Avenue SE. The applicant has submitted a
plat, R2015-023PLAT, which identifies an access easement from Maine Avenue SE to the
northeast corner M-1 parcel. The general development plan does not identify this access
easement.
9. The Applicant has filed a general development plan for the Site. The GDP consists
of 21.56 acres which shows two northern lots remaining in the M-1 for commercial
development and R-3 densities in the proposed re-zoned areas, having roughly 345-360
multi-family units, or about 27 units/acre.
10. The Applicant has also submitted a petition to vacate the uncompleted but
platted portion of Maine Avenue SE, as it is currently proposed to eventually extend from
Forest Knoll Drive SE to St. Bridget Road SE (CSAH 20).
4
Land Use Plan Amendment
11. The Land Use Map reflects the policies and goals of the Land Use Plan.
12. Chapter II, Policies and Recommendations, of the Future Land Use Plan for the
Rochester Urban Service Area recommends 21 Growth Guidelines of which ten are part of the
Recommended Growth Pattern which constitute the general policy basis of the Plan. The
applicable guidelines are as follows:
A. Growth should occur in conjunction with community services and facilities
and existing growth centers and should be exemplified by the illustration of
the Multiple Growth Center Concept.
B. All municipal service areas should be well defined and developed to
accommodate and encourage new development.
C. Medium and high-density housing should be developed in close proximity
to commercial, industrial, and institutional centers and public facilities and
services.
D. Industrial development should be concentrated in industrial parks and should
be permitted only in existing or planned public facility service areas.
E. Commercial development should be concentrated in growth centers, with
regional, community and neighborhood shopping facilities provided in the
Rochester area and community commercial activities in the smaller growth
centers.
F. Strip commercial development should be prohibited. Commercial
development should be concentrated in clusters.
G. Where possible, growth patterns should be structured so as not to interfere
with residential neighborhoods, prime agricultural land, and significant
environmental areas. Prime agricultural land should be preserved.
H. Nonprime agricultural land and environmental areas located beyond
designated growth areas should be retained for agricultural or open space
uses where possible.
5
I. Residential development occurring in agricultural areas should be of very
low-density, should be prohibited from locating in areas with existing uses
(such as feedlots) which are incompatible with residential uses, should be
located in close proximity to urban service areas, and on nonprime
agricultural land where possible.
J. Preserve land, which has a unique recreational, geological, or
environmental significance.
13. Chapter III of the Land Use Plan states, in part, that before land is desirable for
medium density residential and commercial uses, it must exhibit a number of important features
including those expressed in the following location criteria found in Chapter II:
A. The plan designations have been made based not only on locational
factors but also on projected demand for various uses. Thus, a site that
may be suitable for either a commercial or a residential use may be
designated on the plan for residential purposes based on projected land
area needs. Within limits of projected needs (with allowances made for
an excess of land supply over demand for each use designation), only the
best sites have been identified for uses with greater intensity of use than
low-density residential use.
B. 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.
C. The Plan reflects the broad assumption that all of the urban service area
is developable and can be put to reasonable private use. At the scale of
specific parcels examined through detailed general development plans,
some areas have limitations of terrain and other site constraints that make
them unsuited for conventional development. In such cases, the Plan
designation does not imply a right to develop in a conventional manner,
but instead to realize a reasonable overall use sensitive to site
constraints. Eventual use of sites with steep slopes, wetlands and other
site constraints may include clusters of uses on readily developable parts
of the site with sensitive areas left as public or private open space.
D. The locational criteria for all the use designations reflect considerations of
6
access, traffic characteristics, and road characteristics; other public
infrastructure; proximity to other uses (especially those that can be
nuisances for residential uses); and terrain. Due to their reliance on high
capacity streets capable of handling large volumes of traffic and heavy
commercial vehicles, the application of locational criteria for industrial use
should be heavily weighted toward those criteria applying to the
transportation system. Consistent with the overall intent of the Plan, other
locational criteria for industrial uses should be evaluated as desirable but
not essential site characteristics.
14. The Planning Department staff applied the Rochester Urban Service Area Land Use
Plan's "Medium Density Residential" location criteria in processing that part of this application
seeking to change the land use designation of 13.5 acres of the Site to the "Medium Density
Residential" designation. Those criteria are:
A. Having level to fairly rolling terrain, outside flood prone or poorly drained
areas with steep slopes.
B. In close proximity to commercial area, employment centers, recreation areas
or other facilities that serve smaller households.
C. Having good access by means of collector, arterial and expressway and
transit systems to employment centers, commercial areas and community
facilities.
D. Buffered from the adverse influences of commercial, industrial and other
incompatible activities.
15. The Planning Department staff report, dated August 20, 2015, applied the above
criteria to the Site and suggested the following findings of fact:
A. The 13 acres has fairly level to rolling terrain ranging from an elevation of
approximately 1120 on the southeast corner to 1080 on the north side; an
approximate grade change of 40 feet over a 1,150 feet length. The
property is located outside of a flood prone area (FIRM 27109CO304 D
Effective Date April 17, 1995) and would drain from the south east to the
north of the property.
B. The property is in close proximately to a number of existing commercial
areas, employment centers and recreation areas. Commercial and
employment centers are immediately to the north and west of the property
along Maine Avenue SE, the Shoppes on Maine Development, which
includes extensive commercial development. Recreation areas include
Gamehaven Reservoir about a mile to the east and Southern Woods Park
across Highway 63 S to the west, about % of a mile.
C. The area has access by means of a Primary Urban Collector (Maine
Avenue SE). This collector connects immediately to 48th Street SE (CSAH
20). Maine Avenue SE connects to 48th Street SE, and the development
has good access to the Shoppes on Maine development and, utilizing the
Highway 63, to other parts of the city.
If the Maine Avenue SE vacation petition is approved, the site will lose
planned access to the St. Bridget's Road portion of CSAH 20. However, if
Maine Avenue SE ROW is maintained or realigned, the development
would have secondary access and additional access to St. Bridget's Road
SE CSAH 20.
D. The proposed medium density residential area is adjacent to a parcel
zoned R-3, to the south. To the north of the property are proposed
commercial lots, and the City of Rochester Zoning Ordinance and Land
Development Manual provides provisions for buffering uses when a
property is developed.
To the west is a commercial retail development buffered from the
development by Maine Avenue SE and Fox Knoll Drive SE; buffering
would be required when the parcel is developed. To the east of the
development is CSAH 20 and agricultural land outside City limits.
The land use amendment and zone change are being requested only for
the southern 13 acre portion of the area; the northern 9.5 acre area would
remain designated Commercial in the Land Use Plan and is currently
designated as M-1 Mixed Commercial-Industrial.
16. Based upon the recommended findings of fact as found in the August 20, 2015, staff
report, the Planning Department staff recommended approval of the Land Use Plan Amendment.
17. On August 26, 2015, the Planning and Zoning Commission held a public hearing to
8
review the proposed land use plan amendment. The Commission recommended the approval of
Land Use Plan Amendment #R2015-003LUPA based upon the Planning Department's
recommended findings of fact.
Zoning District Amendment
18. Rochester Code of Ordinances (RCO) §60.338 provides that the Council shall
approve a petition to amend the zoning map or the text of the zoning ordinance if the amendment
satisfies one of the following criteria:
A. The area, as presently zoned, is inconsistent with the policies and
goals of the Comprehensive Plan;
B. The area was originally zoned erroneously due to a technical or
administrative error;
C. While both the present and proposed zoning districts are consistent
with the Plan, the proposed district better furthers the policies and
goals of the Comprehensive Plan as found in Chapters 2 and 3 of the
Rochester Urban Service Area Land Use Plan, Chapter 3 of the
Housing Plan, and Chapter 10 of the ROCOG Long Range
Transportation Plan; or
D. The area has changed or is changing to such a degree that it is in the
public interest to rezone so as to encourage development or
redevelopment of the area.
19. R.C.O. §60.338 also provides that the Council shall approve a petition to amend the
zoning map or the text of the zoning ordinance if the amendment satisfies all of the following
criteria:
A. the permitted uses allowed within the proposed zoning district will be
9
appropriate on the subject property and compatible with adjacent
properties and the neighborhood; and
B. the proposed amendment does not involve spot zoning. (Spot Zoning
involves the classification of a single lot or several small lots to a
district which is different than that assigned to surrounding properties,
for reasons inconsistent with the purposes set forth in this ordinance,
the state enabling legislation, or the decisions of courts in this state.)
20. The Planning Department staff report, dated August 20, 2015, suggested the
following findings of fact concerning the proposed R-3 rezoning:
A. The Rochester Urban Service Area Land Use Plan designates this
property as appropriate for "industrial" types of uses. A Land Use
Plan Map Amendment is being considered concurrent with this
application to Medium Density Residential which has a lower level
of intensity than an industrial designation. If the Land Use Plan
amendment is approved for Medium Density Residential, rezoning
the approximate 13 acres of land to the R-3 (Medium Density
Residential) would be consistent with the Medium Density
Residential land use designation. If the Land Use Plan Map
Amendment is denied, then the zone change is not consistent with
the current Industrial Land Use Plan Map designation.
B. Medium Density Residential uses are proposed on the southern
approximate 13 acre portion. Uses within the R-3 Zoning District
would be appropriate on the property and compatible with the
Rochester Urban Service Area Land Use Plan and City of
Rochester Zoning Ordinance and Land Development Manual, if the
Land Use Plan Map Amendment is approved. According to the City
of Rochester Zoning Ordinance, the R-3 zoning district is intended
to maintain areas developed predominantly with multi unit
residential buildings outside of the Central Development Core, or
areas of existing low density development where the need to
encourage redevelopment has been identified on the Land Use
Plan. The property to the south is currently zoned R-3.
C. The proposed zoning district amendment does not involve spot
zoning; the parcel is adjacent to the south is zoned R-3.
10
21. Based upon the recommended findings of fact as found in the August 20, 2015, staff
report, the Planning Department staff recommended approval of this zone change request.
22. On August 26, 2015, the Planning and Zoning Commission held a public hearing to
review the proposed rezoning request. The Commission recommended the approval of Zoning
District Amendment#R2015-004zc based upon the Planning Department's recommended findings
of fact.
23. At the September 21St public hearing before the Common Council, the Applicant's
representative appeared and gave a presentation in support of the application.
CONCLUSIONS OF LAW
1. This matter is properly before the Common Council pursuant to Minn. Stat.
§462.355, subdivisions 2 and 3, and §462.356.
2. By the greater weight of the evidence and testimony presented at the hearing, the
Common Council of the City of Rochester determines that the Land Use Plan and Land Use Map
should be amended, upon consideration of the goals, objectives, strategies and policies of the
current Urban Service Area Land Use Plan. The proposed Land Use Plan amendment is
consistent with the existing Land Use Plan.
3. By the greater weight of the evidence and testimony presented at the hearing, the
Common Council of the City of Rochester hereby determines that the Applicant has satisfied the
criteria at R.C.O. §60.338 for a zoning district change for the Site to the R-3 Zoning District. The
proposed zone change would be consistent with the current land use plan, as amended, for the
11
Site.
ORDER
The Common Council of the City of Rochester, pursuant to Minn. Stat. §462.355,
subdivisions 2 and 3, does hereby order that the Applicant's request for an amendment to the
Land Use Plan so as to amend the Site's current land use designation of "Industrial" to "Medium
Density Residential" (Land Use Plan Amendment#R2015-003LUPA) be in all things approved.
The Council does also hereby order that the Applicant's request for a zoning district change
for an amendment to the zoning district designation for the Site from the M-1 Zoning District
designation to the R-3 Zoning District (Zoning District Amendment#R2015-004zc) be in all things
approved.
Dated at Rochester, Minnesota this day of September, 2015.
Randy Staver, President
City of Rochester Common Council
Approved at Rochester, Minnesota this day of September, 2015.
Ardell F. Brede
Mayor of the City of Rochester
Fof.Zonel 5/LU P.ZON E.04
12