HomeMy WebLinkAboutFinding of Fact - GenDevlPlanR00328.ValleyHighSeniorLiving
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
___________________________________
In Re: General Development Plan Findings of Fact,
#328 Conclusions of Law,
and Order
___________________________________
On January 4, 2016, 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 December 9, 2015, in response to the application for General Development Plan
#328.
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At the January 4 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 December 9, 2015, public hearing on this application, the Planning and Zoning
Commission considered the issue of whether General Development Plan #328 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. A Land Use Plan amendment (#R2015-006LUPA) and Zoning District
amendment (#R2015-007ZC) are being considered concurrent with this
GDP. If the amendments are approved, the land uses indicated for the R-
3 (medium density residential) zoning district on the property would be
consistent with the land use designation and zoning for the property. As
indicated in the findings for the land use plan amendment and zone
change request, the request is consistent with the policies of the
comprehensive plan.
B. A Land Use Plan amendment and Zoning District amendment are being
considered concurrent with this GDP. If the amendments are approved,
the land uses within the GDP would be consistent with the land use
designation and zoning for the property. At the time of development
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review, the density and interior circulation will be addressed. As shown,
the access and lot size complies with all applicable regulations.
C. On-site access and circulation design for pedestrians, bicyclists, transit
vehicles and patrons will need to be reviewed at the site development
plan review stages. There is a requirement for a ten foot bituminous path
along Valleyhigh Drive NW to provide connectivity to adjacent properties.
This requirement will be enforced during the development review.
D. A Land Use Plan amendment and Zoning District amendment are being
considered concurrent with this GDP. If the amendments are approved,
the land use within the GDP would be consistent with the land use
designation and zoning for the property.
The policies and goals found in Chapters 2 and 3 of the Rochester Urban
Service Area Land Use Plan encourage developing a range of densities
and development styles. This development will help to further the goals
and policies of the Land Use Plan and also those found within Chapter 3
of the Housing Plan. There is existing single family and duplex style
housing in the area. The proposal for a multi-level senior living facility will
further provide a range of housing options in the area.
E. At the time of development review, a traffic study will be required or
waiver of such requirement granted by the City Traffic Engineer.
Valleyhigh Road NW is in the final construction stages of an upgrade
adjacent to this site. The future extension on the east side of the site of
Superior Drive NW to the north will provide additional access and
circulation throughout the area.
F. The site has access to Valleyhigh Drive NW through Kenosha Drive NW.
There is ample stacking provided for on-site to mitigate any safety issues
or disruption of traffic flows onto adjacent right of way. Per Section
64.127 of the Land Development Manual, secondary access is only
required to be shown if traffic volumes exceed 500 trips per day. The
GDP shows a future access onto Superior Drive NW when the road is
constructed.
This property is within the Northwest High Level Water System Area,
which is available at an existing stub out from Kenosha Drive NW and a
future planned water main from the east when the adjacent property
develops. Static water pressure ranges from 56 to 65 PSI depending on
final grades. There are two hydrants to serve the site on the northwest
and southwest ends of the property.
Sanitary pipe is located along Kenosha Drive NW to serve the site.
A Grading Plan and Drainage Report will be required as the property
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further develops. The existing stormwater retention pond will be
maintained on site.
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G. A Grading Plan and Drainage Report will be required as the property
further develops. The existing stormwater retention pond will manage
drainage on site. The property is fairly level and will not likely trigger a
substantial land alteration.
H. No hydric soils exist on the property based on the Soil Survey. The
property does not have any Decorah Edge features or wetland
applications on file. The existing stormwater retention pond will be
maintained on site.
I. The property will be developed as one large lot for a senior living center.
No additional subdivision is required. The current lot meets the size and
street layout requirements. The density level will be addressed during the
development review stage.
J. The development will not be required to obtain Type III land subdivision
approval. It can be developed in its current state.
K. 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. A ten foot bituminous trail is required along
Valleyhigh Road NW at the time of development. This will provide
needed pedestrian and bicyclist connections, consistent with the goals of
the Complete Streets Policy of the City. If the land use designation is
approved the plan will be compliant with the Comprehensive Plan.
L. The GDP shows pedestrian connections from the building to the parking
lot in three location with a sidewalk adjacent to the parking lot connecting
to Kenosha Drive NW and future Superior Drive NW. There are two
proposed connections to the existing and future sidewalks along the drive
aisle from the east and west ends of the building.
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. There is an existing Development Agreement recorded against this
Property and development is subject to the terms of the Agreement.
B. The proposed access location from Kenosha Dr NW is acceptable. A
connection to the east, to the future Superior Dr NW is acceptable,
however, the exact alignment and location will be determined in the future
and the depiction in the GDP should be considered conceptual at this
time.
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C. Grading & Drainage Plan approval, as well as, payment of a Storm Water
Management Area Charge for any development in excess of Land Use
Factor 1.0 is required as part of the Development Review Process.
D. The placement/construction of any private improvements within a public
easement requires prior approval of a Revocable Permit Agreement.
E. The Construction of a 10 ft wide bituminous pedestrian path along the
entire frontage of Valleyhigh Rd NW, and construction of the pedestrian
ramp connecting the path to sidewalk along Kenosha Dr NW, is required
at the owner’s expense, concurrent with development of the property.
F. Boulevard trees will be required for the development, planted every 35
feet along Kenosha Dr and the future Superior Dr.
G. The water main must be extended through this site from west to east to
properly serve this building and to provide a looped system when the
property to the east develops per RPU requirements.
H. No access will be allowed to County State Aid Highway 4.
I. Future access will need to be provided for the east end of the property.
The access onto Superior Drive will be a right in right out.
6At its December 9, 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 Staff’s recommended nine conditions of approval.
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7. At the January 4 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.
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8. At the January 4 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 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:
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
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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 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.
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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
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.
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3. By a substantial amount of the evidence and testimony presented at the January 4,
2016, public hearing, it is hereby determined by the Common Council of the City of Rochester that
General Development Plan #328 complies with the requirements of §61.215 if the applicant
satisfies the nine conditions of approval recommended by the Planning and Zoning Commission.
ORDER
The Common Council of the City of Rochester, pursuant to R.C.O. §61.215, does hereby
approve General Development Plan #328 subject to the satisfaction of the nine conditions of
approval recommended by the Planning and Zoning Commission.
Dated at Rochester, Minnesota this _____ day of January, 2016.
____________________________________
Randy Staver
President of the Rochester Common Council
Approved at Rochester, Minnesota this _____ day of January, 2016.
______________________________
Ardell F. Brede
Mayor of the City of Rochester
FOF.Zone15\\GDP\\328
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