HomeMy WebLinkAboutFinding of Fact /F7 - WoodcrestDevelopment.LUPR2015-005/ZoningAmendR2015-003 BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
In Re: Land Use Plan Amendment#R2015-005 Findings of Fact,
and Zoning District Amendment#R2015-003 Conclusions of Law,
and Order
On November 2, 2015, the Common Council of the City of Rochester conducted a public
hearing, with notice to the public, to hear the application of Woodcrest Development ("Applicant")
to consider an amendment to the land use plan designation for property located west of East River
Road N.E., and south of 37th Street N.E. ("Site"). The Applicant seeks to change approximately 26
acres of land on the Site from the "Commercial" designation to the "Medium Density Residential"
designation. The Applicant also seeks a zoning district change for approximately 26 acres of land
on the Site from the B-4 Zoning District (General Commercial) to the R-3 Zoning District (Medium
Density Residential).
At the November 2nd public hearing, all interested persons were given an opportunity to
give testimony and make presentations concerning the application. During the November 2nd
public hearing, the Council received into the record and considered: (1) materials included as part
of the Council agenda packet; (2) a hard copy of a presentation provided by the Applicant's
representative; and (3) a hard copy of a statement provided by the River Court Neighborhood
representative. All documents are on file with the City Clerk.
Following the public hearing, the Council considered and discussed the entire matter.
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Based upon all of the testimony and evidence presented at the November 2nd public hearing, the
Council made the following findings of fact, conclusions of law, and order.
FINDINGS OF FACT
1. The Site is located west of East River Road N.E., and south of 37th Street N.E..
2. The applicant has filed four applications for the property. The first application,
R2015-005LUPA, is a petition to amend 26 acres of land to the land use designation from
"Commercial" to "Medium Density Residential" along with re-zoning the land from the B-4
(General Commercial) Zoning District to the R-3 (Medium Density) Residential Zoning District.
A General Development Plan and a Preliminary Plat identifies 51 acres to be developed for a
multifamily and commercial development (TBKA "Allen Second Subdivision").
3. If applications #R2015-009LUPA and #R2015-003ZC are approved, the use of
the property will be regulated by the R-3 Zoning District standards on the 26 acres. The
remainder of the 25 acres will be regulated by the B-4 (General Commercial) Zoning District.
4. The property is currently undeveloped and has not been platted.
5. To the north of the Site, there is 37th Street N.E. To the east of the Site, there is
East River Road N.E. with the B-4 (General Commercial) Zoning District across East River
Road N.E. To the south of the Site, there is a mix of the B-4 (General Commercial) Zoning
District as part of the River Court Commercial Subdivision as well as the R-1 (Mixed Single
Family) Zoning District as part of the River Court III Subdivision. To the west of the site, there
is the South Fork of the Zumbro River.
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6. The property has frontage on 37th Street NW and a portion of East River Road
NE. The proposed project includes a new road labeled as River Ridge Lane NE with an
access off of East River Road NE as well as a new road labeled as Village Green Avenue NE
with an access off of 37th Street NW.
7. Hydric soils exist on the site according to the Soil Survey. The property owner is
responsible for identifying wetlands on the property and submitting the information as part of
this application.
8. The GDP consists of 51 acres with residential and commercial development. The
GDP also identifies a new road labeled as River Ridge Lane NE with an access off of East
River Road NE as well as a new road labeled as Village Green Avenue NE with an access off
of 37th Street NW. The area where the applicant has filed a LUPA and Zone Change are
shown for Medium Density Residential Development with a total of 474 units.
Land Use Plan Amendment
9. The Land Use Map reflects the policies and goals of the Land Use Plan.
10. 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
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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.
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.
11. 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
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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
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.
12. 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 26 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
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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.
13. The Planning Department staff report, dated October 8, 2015, applied the above
criteria to the Site and suggested the following findings of fact:
A. The 26 acres has fairly level to rolling terrain. Site and grading activity on
the site will be outside of the flood prone area.
B. The site is within walking, biking, and a short car ride away to a wide
variety of commercial and recreational uses that will support residential
uses and smaller households. There is currently a designated bike trail
across the river that will allow for public transportation to many areas of
Rochester including the downtown and additional employment centers
and recreation centers in the community.
C. The site has an access off of East River Road NE as well as a new road
labeled as Village Green Avenue NE with an access off of 37th Street NW.
37th Street NW is Strategic Urban Arterial and East River Road NE is a
Primary Urban Collector on the ROCOG Transportation Plan. The site is
within walking, biking, and a short car ride away to a wide variety of
commercial and recreational uses that will support residential uses and
smaller households.
D. There is a reasonable separation from the adjacent commercial centers to
the west of the site, as well as the proposed uses to the north across the
proposed River Ridge Ln NE, which will serve as a buffer between uses.
Further details will follow as the area develops.
14. Based upon the recommended findings of fact as found in the October 8, 2015, staff
report, the Planning Department staff recommended approval of the Land Use Plan Amendment.
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15. On October 14, 2015, the Planning and Zoning Commission held a public hearing to
review the proposed land use plan amendment. The Commission recommended the approval of
Land Use Plan Amendment #R2015-005LUPA based upon the Planning Department's
recommended findings of fact.
Zoning District Amendment
16. 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.
17. 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
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.)
18. The Planning Department staff report, dated October 8, 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 "commercial" types of uses. A Land
Use Plan amendment is being considered concurrent with this
application. If the Land Use Plan amendment is approved for
"medium density residential", rezoning 26 acres of land to R-3
(Medium Density Residential) would be consistent with the
"medium density residential" land use designation. Rezoning this
property would help further the policies and goals found in
Chapters 2 and 3 of the Rochester Urban Service Area Land Use
Plan, which encourage developing a range of densities and
development styles. This will also help to further goals and
policies found within Chapter 3 of the Housing Plan.
B. Medium density residential uses are proposed on the 26 acres.
Uses within the R-3 Zoning District would be appropriate on the
property and compatible with adjacent properties. 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.
C. The proposal is for a mix of commercial and medium density
residential uses on 50 acres and not a single lot or several small
lots. The proposed R-3 (Medium Density Residential) Zoning
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District is a down-zoning from the existing B-4 (General
Commercial) Zoning District. Although, no other R-3 Zoning District
is adjacent to the site, the R-3 Zoning District would be a good
transition from the R-1 (Mixed Single Family) Zoning District to the
south and the B-4 Zoning District to the north.
19. Based upon the recommended findings of fact as found in the October 8, 2015, staff
report, the Planning Department staff recommended approval of this zone change request.
20. On October 14, 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#R2015-003zc based upon the Planning Department's recommended findings
of fact.
21. At the November 2nd public hearing before the Common Council, the Applicant's
representative appeared and gave a presentation in support of the application.
22. At the November 2nd public hearing before the Common Council, a representative of
the River Court Neighborhood appeared and gave a presentation concerning the application. The
representative stated the neighborhood would prefer the area remain in its natural condition so
that the neighbors could continue to enjoy the abundance of wildlife and the advantages of having
natural space in the neighborhood. Yet, the representative stated that the neighbors realized that
Rochester is in a growth phase and that the land adjacent to them will be developed at some point.
23. At the November 2nd public hearing before the Common Council, the River Court
Neighborhood representative did not favor or oppose the application. Instead, the representative
made the following requests:
A. We ask that the developers leave all trees standing within 20 feet of
the residences adjacent to the proposed rezoning area. There are
many mature trees that currently provide a natural buffer, shade, and
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habitat that simply cannot be replaced by young saplings.
B. We ask that the trees and undergrowth in the floodplain that runs
along the river be maintained so as to keep the area partially natural
for aesthetic reasons, act as a buffer between the natural river system
and the development, and as well as for the wildlife that already live
there.
C. We ask that the approximately seven acres that cannot be developed
due to being in a floodplain not be counted as our sole greenspace.
We ask that a City Park, to be accessible to the entire neighborhood,
be part of the plan as we do not have a neighborhood park anywhere
in the vicinity of our neighborhood.
D. We ask for larger trees and bushes to be planted along with a
substantial berm in place of smaller trees or fences to act as a buffer.
We would also ask for the largest buffer space affordable for the area
between the new development and the adjacent lots, which are
already quite small.
E. We also ask that a comprehensive traffic study be done. We also
have concerns regarding increased traffic along East River Road.
Even though it is a small road servicing a relatively small area, it is
used frequently as a cut-through and already has a pretty high traffic
volume.
F. We ask that all homes adjacent to the proposed rezoning as well as
all homes within 500 feet of the proposed rezoning area/development
receive notification for all future public hearings concerning this
development.
24. At the November 2nd public hearing before the Common Council, the Applicant's
representative responded to the above requests and indicated the Applicant's position on each
request.
CONCLUSIONS OF LAW
1. This matter is properly before the Common Council pursuant to Minn. Stat.
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§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
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"Commercial" to "Medium
Density Residential" (Land Use Plan Amendment#R2015-005LUPA) 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 B-4 Zoning District
designation to the R-3 Zoning District (Zoning District Amendment#R2015-003zc) be in all things
approved.
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Dated at Rochester, Minnesota this day of November, 2015.
Randy Staver, President
City of Rochester Common Council
Approved at Rochester, Minnesota this day of November, 2015.
Ardell F. Brede
Mayor of the City of Rochester
Fof.Zonel 5/LU P.ZON E.05
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