HomeMy WebLinkAboutFinding of Fact - CassidyRidgeSecond.LandSubdPermit.R2015-39
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
________________________________________
In Re: Land Subdivision Permit #R2015-039 Findings of Fact,
Cassidy Ridge Second Conclusions of Law
And Order
________________________________________
On February 1, 2016, 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 January 13, 2015, in response to Land Subdivision Permit (Preliminary
st
Plat) #R2015-039. At the February 1 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) #R2015-039 satisfied
the conditions of section 61.225, subd. 2, of the Rochester Code of Ordinances.
2. R.C.O. §61.225, subd. 2, 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
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 #R2015-039 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
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 the Final Plat, that
outlines the developer's and City's obligations related, but not
limited to: access, 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, and the
extension of public utilities to abutting properties where
applicable.
B. Grading & Drainage Plan approval is required prior to Final Plat
approval.
C. Execution of a City-Owner Contract, and dedication of any
applicable off-site public easements is required prior to
construction of any public infrastructure.
D. Access control is required along CR 124 and 80’ on Cassidy
Ridge.
E. The conditions found in the existing access permit approval letter
dated April 7, 2005 shall be updated.
F. An 18-inch diameter reinforced concrete pipe with apron will be
required in the county ditch.
G. A bituminous right turn lane and bypass lane will need to be
constructed at your expense on County Road 124. Enclosed is
the typical section for the turn lane and bypass lane. Six inches of
bituminous and 12 inches of class 5 aggregate are required.
H. The existing field driveway located approximately 400 feet west of
22 Avenue NE must be removed.
I. No direct access will be allowed for individual lots to County Road
124. All access must be from interior public streets.
J. Concrete curb and gutter is not permitted within the county road
right-of-way.
K. Right-of-way shall be dedicated for a distance of 60’ from the
centerline of CR 124.
4
4
L. Development charges applicable to the development of this
Property will be addressed in City-Owner Contract, and
Development Agreement, and will include but are not limited to a:
Sewer Availability Charge (SAC), Water Availability Charge
(WAC), Transportation Improvement District Charges, Storm
Water Management Plan Area Charge (SWMPAC), First Seal
Coat Charge for any new public streets, Pedestrian Facilities /
Ramps, Street Signs, as determined by the City Engineer, as well
as, a Plant Investment Fee (PIF) which is calculated and collected
through the Building Permit approval process.
M. 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 50 feet.
N. Park dedication of Outlot A in Cassidy Ridge First is required prior
to recordation of the final plat.
O. The applicant must obtain approval from the Planning Department
GIS Division for street name designation and addressing prior to
recordation of the final plat. The street name Dodge St NE needs
to be changed to Dodge Rd NE or Dodge Dr NE and Hadley
Creek Dr NE will require a new name.
P. Lot 8 in Block 6 of the preliminary plat must be a minimum of 24
feet wide at the road.
Q. A ten-foot wide utility easement is required along 8 and 9 of Block
6.
st
5. At the February 1 public hearing, the Council deleted condition #P, and
amended condition #Q to read as follows:
Q. Controlled access to Lots 7, 8, and 9, Block 6 must be provided as
shown on the revised preliminary plat.
5
5
st
6. At the February 1 public hearing, the Applicant’s representative agreed with the
above conditions as recommended by the Planning and Zoning Commission and as amended by
the Council.
7. 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 as amended
by the Council.
CONCLUSIONS OF LAW
1. R.C.O. §61.225, subd. 2, 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
6
6
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
7
7
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 February
1, 2016, hearing, it is hereby determined by the Common Council of the City of Rochester that
Land Subdivision Permit #R2015-039 complies with the requirements of R.C.O. §61.225, subd. 2,
if the Applicant satisfies the 16 conditions of approval recommended by the Planning and Zoning
Commission and amended by the Council (conditions #A - #O, #Q).
ORDER
The Common Council of the City of Rochester, pursuant to R.C.O. §61.225, subd. 2, does
hereby approve Land Subdivision Permit (Preliminary Plat) #R2015-039 subject to the 16
conditions of approval recommended by the Planning and Zoning Commission and amended by
the Council (conditions #A - #O, #Q).
Dated at Rochester, Minnesota this _____ day of February, 2016.
________________________________
Randy Staver
President of the Rochester Common Council
Approved at Rochester, Minnesota this _____ day of February, 2016.
______________________________
Ardell F. Brede
Mayor of the City of Rochester
Fof.Zone15\\LandSub\\1539
8
8
9
9