HomeMy WebLinkAboutFinding of Fact - AllenSubdivsion.LandSubPermitR2015-032 BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
In Re: Land Subdivision Permit#R2015-032 Findings of Fact,
Allen Second Subdivision Conclusions of Law
And Order
On November 2, 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 October 14, 2015, in response to Land Subdivision Permit (Preliminary
Plat) #R2015-032. At the November 2nd 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) #R2015-032 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;
2
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 #R2015-032 satisfied the requirements of R.C.O. §61.225 if the following
conditions are imposed:
A. There are inadequate on and off site public facilities, specifically
Public Roadways, Sanitary Sewer, Water, and Storm Water
Management Facilities, existing to accommodate the development
of this Property. No development will be allowed to occur until the
City Council has determined that all required public facilities are
adequate for said development. Alternatively, the developer may
3
request to join with the City in making these inadequate public
facilities adequate for this development, and may enter into a
Development Agreement, prior to recording a Final Plat for the
property (or final development approval if there is no plat) that
outlines the developer's and City's obligations related, but not
limited to: future access control and access to abutting property,
stormwater management (including any obligations for on or off-
site facilities), transportation improvements (including any off-site
improvements necessary to accommodate this development),
pedestrian facilities, contributions for existing & future public
infrastructure, limitations to traffic generated by the proposed
development and the extension of public utilities to abutting
properties where applicable. The Owner has requested that City
staff prepared a Development Agreement for review and
execution.
B. Grading & Drainage Plan approval is required and approval of the
subdivision grading plan is required prior to Final Plat approval.
C. Dedication of Controlled Access shall be shown on the Final Plat,
along the entire frontages of the Property, with the exception of
the existing service access off of 37th St NE, and the proposed
single public road access location to 37th St NE, and to East River
Rd NE. Additional Controlled Access will be required along the
frontage of Village Green Ave NE within 200 ft from the
intersection with 37th St NE, and along the frontage of River
Ridge Ln NE abutting Lot 6, Block 2, with the exception of a
shared access with proposed Lot 5, Block 2.
D. A TIR is required for this development. An access to 37th St NE
by way of a right-in, right-out at Village Green Ave NE is
dependent on the results of the TIR required by the City Engineer.
E. Execution of a City-Owner Contract, and dedication of any
applicable off-site public easements is required prior to
construction of any public infrastructure to serve the Property.
F. Development charges and fees applicable to the Property, will be
addressed in the Development Agreement and / or City-Owner
Contract for this project. Generally, the Property is subject to
development charges including: SAC, WAC, Sanitary Sewer
Connection / Frontage Charge for J8906 along East River Road,
Watermain Connection / Frontage Charge for J8856, and a Storm
Water Management Plan Area Charge (SWMPAC) for any areas
4
of the Property that do not drain to an on-site public regional
stormwater facility that is constructed by the developer to serve
this subdivision. In addition, the property has an obligation for
transportation improvements identified through the development
review process, and for paying for / constructing pedestrian
facilities along the entire frontage of East River Road and along
the frontage of any new public roads within and abutting the
Property, and for the cost of future improvements to East River
Road. A Plant Investment Fee (PIF) is applicable to development
of the Property and will be collected through the development
review and approval process for individual lot development.
G. County Public Works would like a right turn lane and "S" type curb
on Radii at right in/right out.
H. 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.
I. An additional 10' public utility easement is required along the
entire north side of the subdivision, paralleling 37th St NE. There
is an existing North Utility Easement that runs from the Western
property line all the way to Lot 1(1.07 Acres). That is sufficient
and can stay. The requested easement would be a continuation
from the existing easement heading East to the proposed Eastern
Utility Easement that runs parallel with East River Road NE.
J. An existing 8" water main stubbed out from North River Ct NE is
available for connection to Lot 2, Block 1 from the south (this was
made available for the previously planned cul-de-sac loop in this
area). This main should be utilized in the development of the lot
and if possible connected through to River Ridge Lane NE to aid
in the water system networking in this area.
K. Park Dedication will be required as part of the residential
development.
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
5
plan to the City Forester for a planting permit prior to final
development approval. Trees shall be planted every 35 feet.
M. The roadway illustrated as C.S.A.H. NO.22 (37TH STREET NE)
needs to be corrected to read 37 STREET NE (C.S.A.H. NO. 22).
N. The roadway illustrated as RIVER RIDGE LANE NE needs to be
changed before Final Plat. Roadway name is not acceptable.
O. The roadway illustrated as VILLAGE GREEN AVENUE NE should
be changed to 2 AVENUE NE.
P. The plat to include an easement connecting the end of a cul-de-
sac or dead road to the south right-of-way of 37th Street for the
purpose of pedestrian connectivity.
5. At the November 2nd public hearing, the Applicant's representative agreed with the
above conditions as recommended by the Planning and Zoning Commission except for condition
#P. The Applicant's representative stated that the connection between the cul-de-sac and the
south right-of-way of 37th Street should be addressed during the Site Development Plan review
process. The Applicant's representative also questioned the legal basis for this condition of
approval.
6. The neighborhood representative stated that the connection between the cul-de-
sac and the south right-of-way of 37th Street was needed in order to promote safe and convenient
pedestrian travel and to promote safety within the adjacent property.
7. The Council accepts condition of approval #P in order to bring the land subdivision
application into compliance with the criteria found at R.C.O. §61.225, subd. 2(E), (K).
8. 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.
6
CONCLUSIONS OF LAW
1. 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 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
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.
8
3. By a substantial amount of the evidence and testimony presented at the November
2, 2015, hearing, it is hereby determined by the Common Council of the City of Rochester that
Land Subdivision Permit #R2015-032 complies with the requirements of R.C.O. §61.225 if the
Applicant satisfies the 16 conditions of approval recommended by the Planning and Zoning
Commission. Condition of approval #P is adopted as it is needed in order to provide for safe and
convenient pedestrian transit and to avoid adverse on the safety or viability of permitted uses on
adjacent properties. See R.C.O. §61.225, subd. 2(E), (K).
ORDER
The Common Council of the City of Rochester, pursuant to R.C.O. §61.225, does hereby
approve Land Subdivision Permit (Preliminary Plat) #R2015-032 subject to the 16 conditions of
approval recommended by the Planning and Zoning Commission.
Dated at Rochester, Minnesota this day of November, 2015.
Randy Staver
President of the Rochester Common Council
Approved at Rochester, Minnesota this day of November, 2015.
Ardell F. Brede
Mayor of the City of Rochester
9