HomeMy WebLinkAboutFinding of Fact - Maine Heights.LandSubPermit.R2015-025 BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
In Re: Land Subdivision Permit#R2015-025 Findings of Fact,
Maine Heights Conclusions of Law
And Order
On September 21, 2015, the Common Council of the City of Rochester conducted 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 Land Subdivision Permit (Preliminary
Plat) #R2015-025. At the September 21St public hearing, all interested persons were given the
opportunity to make presentations and give testimony 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 public hearing on this application, the Planning and Zoning Commission
considered the issue of whether Land Subdivision Permit (Preliminary Plat) #R2015-025 satisfied
the conditions of section 61.225 of the Rochester Code of Ordinances.
2. R.C.O. §61.225 provides that the Council shall approve a development permit
authorizing a land subdivision if all of the following findings with respect to the proposed
development are made:
A. The proposed land subdivision conforms to all relevant requirements
of this ordinance and variances have been granted to permit any
nonconformance;
B. The proposed water system and sanitary sewer system are adequate
to serve the normal and fire protection demands of proposed
development and to provide for the efficient and timely extension to
serve future development;
C. The plan for soil erosion and stormwater management meets the
adopted standards of the City of Rochester and is consistent with the
adopted Stormwater Management Plan or adopted drainage or
stormwater policies;
D. The vehicular and non-motorized system is consistent with adopted
transportation plans and is consistent with the street layout standards
listed in section 64.120 and traffic service standards in section
61.526;
E. The lot and block layout provide for safe and convenient vehicular,
service and emergency access, efficient utility service connections,
and adequate buildable area in each lot for planned uses;
F. The proposed land subdivision has taken into account the current six-
year and other Long-Range Capital Improvements Programs and the
elements listed therein in the design of the subdivision;
G. The proposed subdivision, if in a residential zoning district,
addresses the need for spillover parking consistent with the
requirements of section 63.426;
H. The right-of-ways and easements of adequate size and dimension
are provided for the purpose of constructing the street, utility, and
drainage facilities needed to serve the development;
I. The proposed parks, trail thoroughfares and open space dedications
are consistent with adopted plans, policies and regulations;
J. The proposed subdivision will not have off-site impacts on the street,
drainage, water or wastewater systems that exceed adopted
standards;
K. The proposed subdivision will not have adverse impacts on the safety
or viability of permitted uses on adjacent properties;
L. The proposed land subdivision is designed in such a manner as to
allow for continued development in an efficient manner on adjacent
undeveloped lands;
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M. The soils, topography and water tables have been adequately
studied to ensure that all lots are developable for their designated
purposes;
N. The proposed land subdivision is consistent with the standards of the
City's adopted Comprehensive Plan;
O. Any land located within Zone A as shown on the currently adopted
Flood Boundary and Floodway Maps of Flood Insurance Study,
Rochester, Minnesota, prepared by the Federal Emergency
Management Agency, is determined to be suitable for its intended
use and that the proposed subdivision adequately mitigates the risks
of flooding, inadequate drainage, soil and rock formations with severe
limitations for development, severe erosion potential, or any other
floodplain related risks to the health, safety or welfare of the future
residents of the proposed subdivision in a manner consistent with this
ordinance;
P. The proposed land subdivision, if approved, would not result in a
violation of federal or state law, or city or county ordinance; and
Q. The proposed land subdivision permit is consistent with any
approved and applicable General Development Plan, Conditional
Use Permit or Traffic Impact Study.
3. R.C.O. §61.226 authorizes the approving body to impose modifications or
conditions to the extent that such modifications or conditions are necessary to ensure compliance
with §61.225.
4. The Planning and Zoning Commission concluded that the application for Land
Subdivision Permit #R2015-025 satisfied the requirements of R.C.O. §61.225 if the following
conditions are imposed:
A. The following revisions to the plat are required:
(1) identify width, dimensions and names of platted right-of-
ways — shall include this information for all platted right-of-
ways;
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(2) Identify lot area of proposed lots;
(3) remove property lines as currently indicated by dark lines
from the ingress/egress points for the proposed right-of-way
extension of Forest Knoll Dr SE and replace with dashed
lines indicating historic lot line location;
(4) remove bufferyard strip; bufferyards are determined
through the development review process;
(5) identify pedestrian facilities (sidewalks);
(6) identify location of found or to-be-placed monuments; and,
(7) identify ownership of all adjacent lands and land to be
subdivided.
B. Access on CSAH 20 (St. Bridget's Road SE) shall be limited to
right in/right out; this shall be identified on the plat.
C. The applicant shall submit plans and cross section illustrating the
location of the required bike path/pedestrian way and report
impacts on the ditch along CSAH 20 (St. Bridget's Road SE).
County Public Works shall determine if additional right-of-way
dedication is necessary. Final plat submission shall reflect said
determination of additional right-of-way dedication.
D. Public water main extensions are required to serve all three
proposed lots; this information shall be submitted and approved by
RPU. This information will include identifying water main
extensions on the plat and providing cross sections or profiles.
E. Park dedication requirements must be met via: Cash in lieu of land
with payment due prior to recordation of the final plat.
F. 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.
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G. Approval of this preliminary plat is contingent on approval of
R2015-002VAC, a vacation petition to vacate a portion of platted
Maine Avenue SE.
H. Grading & Drainage Plan approval is required prior to recording
the Final Plat.
I. Construction plan approval by City for the public street and related
elements (street, traffic control devices, sanitary sewers, storm
water facilities, water system facilities, sidewalks and other
improvements required) will be required prior to recording the
Final Plat.
J. Execution of a City-Owner Contract and dedication of any
applicable off-site public easements is required prior to
construction of any public infrastructure.
K. There is an existing Development Agreement recorded against
this Property. Certain terms of the Agreement are inconsistent with
development depicted on the proposed GDP and preliminary plat.
Execution of a Supplemental Agreement is required, to resolve
any conflicting terms from the existing Agreement and to address
any new obligations resulting from the current development
proposal, prior to recording a Final Plat (re-plat) and/or other final
development plan approval for this Project.
L. Public utility easements are required for existing hydrant and stub
into the property.
5. At the September 21St public hearing, the Applicant's representative agreed with the
above conditions as recommended by the Planning and Zoning Commission.
6. The Council concurs with and adopts as its own the findings of fact, conditions of
approval, and recommendation proposed by the Planning and Zoning Commission.
CONCLUSIONS OF LAW
1. R.C.O. §61.225 provides that the Council shall approve a development permit
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authorizing a land subdivision if all of the following findings with respect to the proposed
development are made:
A. The proposed land subdivision conforms to all relevant requirements
of this ordinance and variances have been granted to permit any
nonconformance;
B. The proposed water system and sanitary sewer system are
adequate to serve the normal and fire protection demands of
proposed development and to provide for the efficient and timely
extension to serve future development;
C. The plan for soil erosion and stormwater management meets the
adopted standards of the City of Rochester and is consistent with
the adopted Stormwater Management Plan or adopted drainage or
stormwater policies;
D. The vehicular and non-motorized system is consistent with adopted
transportation plans and is consistent with the street layout
standards listed in section 64.120 and traffic service standards in
section 61.526;
E. The lot and block layout provide for safe and convenient vehicular,
service and emergency access, efficient utility service connections,
and adequate buildable area in each lot for planned uses;
F. The proposed land subdivision has taken into account the current
six-year and other Long-Range Capital Improvements Programs and
the elements listed therein in the design of the subdivision;
G. The proposed land subdivision, if in a residential zoning district,
addresses the need for spillover parking consistent with the
requirements of section 63.426;
H. The right-of-ways and easements of adequate size and dimension
are provided for the purpose of constructing the street, utility, and
drainage facilities needed to serve the development;
I. The proposed parks, trail thoroughfares and open space dedications
are consistent with adopted plans, policies and regulations;
J. The proposed subdivision will not have off-site impacts on the street,
drainage, water or wastewater systems that exceed adopted
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standards;
K. The proposed subdivision will not have adverse impacts on the
safety or viability of permitted uses on adjacent properties;
L. The proposed land subdivision is designed in such a manner as to
allow for continued development in an efficient manner on adjacent
undeveloped lands;
M. The soils, topography and water tables have been adequately
studied to ensure that all lots are developable for their designated
purposes;
N. The proposed land subdivision is consistent with the standards of
the City's adopted Comprehensive Plan;
O. Any land located within Zone A as shown on the currently adopted
Flood Boundary and Floodway Maps of Flood Insurance Study,
Rochester, Minnesota, prepared by the Federal Emergency
Management Agency, is determined to be suitable for its intended
use and that the proposed subdivision adequately mitigates the risks
of flooding, inadequate drainage, soil and rock formations with
severe limitations for development, severe erosion potential, or any
other floodplain related risks to the health, safety or welfare of the
future residents of the proposed subdivision in a manner consistent
with this ordinance;
P. The proposed land subdivision, if approved, would not result in a
violation of federal or state law, or city or county ordinance; and
Q. The proposed land subdivision permit is consistent with any
approved and applicable General Development Plan, Conditional
Use Permit or Traffic Impact Study.
2. R.C.O. §61.226 authorizes the Council to impose conditions on its approval of a
development permit.
3. By a substantial amount of the evidence and testimony presented at the September
217 2015, hearing, it is hereby determined by the Common Council of the City of Rochester that
Land Subdivision Permit #R2015-025 complies with the requirements of R.C.O. §61.225 if the
Applicant satisfies the 12 conditions recommended by the Planning and Zoning Commission.
ORDER
The Common Council of the City of Rochester, pursuant to R.C.O. §61.225, does hereby
approve Land Subdivision Permit (Preliminary Plat) #R2015-025 subject to the 12 conditions
recommended by the Planning and Zoning Commission.
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.Zone 15\LandSu b\1525
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