HomeMy WebLinkAboutFinding of Fact - NorthSummit.GenDevelopPlan331.
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
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In Re: General Development Plan Findings of Fact,
#331 Conclusions of Law,
and Order
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On February 1, 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 January 13, 2016, in response to the application for General Development Plan
#331 (North Summit).
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At the February 1 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 January 13, 2016, public hearing on this application, the Planning and Zoning
Commission considered the issue of whether General Development Plan #331 satisfied the
conditions of ROCHESTER, MINN., CODE ORDINANCES §61.215 (2013).
2. R.C.O. §61.215, subd. 2, 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, subd. 2, and recommended the following findings of fact:
A. General Development PLAN #R00331GDP is in accord with the adopted
comprehensive plan and with the future R-1X zoning that will be
established on the property after annexation.
B. General Development Plan #R00331GDP, with 106 lots for single family
homes, is compatible with existing uses on the adjacent properties. The
density proposed for the single family detached development is consistent
with the R-1X (or R-1) zoning district and the adjacent single family
developed areas.
C. The extension of the existing neighborhood collector, Fairway Drive NW,
provides a new direct connection serving this property and the adjacent
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neighborhoods to 65 Street NW, a major arterial. The local streets in the
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GDP connect the new development with the adjacent neighborhoods.
Three local street and a walkway connection provide for the integration of
the neighborhood.
Proposed mid-block pedestrian connections and the required sidewalk
system along all public streets in the development support safe travel.
D. Developing the property with single family detached housing is consistent
with the Land Use Plan designation of “Low Density Residential” The
Housing Plan encourages developing a range of densities and
development styles. The lots in this development can support relatively
affordable new homes. The general area currently has a range of single
family home styles.
E. The Public Works Director waived the traffic impact study for this
development because this developer has agreed to construct a bypass
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lane and a right turn land in the 65 Street ROW for the future Fairway
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Drive NW intersection. This off-site improvement will help 65 Street NW
perform at a safer level of service when more trips generated by the
adjacent development have the opportunity to access the arterial roadway
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network. Improvements to 65 Street NW are not presently part of the
Capital Improvement Plan but this project is designed so the right of way
to make those improvements in the future is available.
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F. The proposed intersection improvements for the 65 Street NW and
Fairway Drive NW area which include developer constructed bypass and
right turn lanes will reduce safety hazards and capacity issues in the near
term on the adjacent arterial roadway system. The present construction
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of 65 Street NW is inadequate in the long term as it is found adjacent to
this site.
The execution of a Development Agreement is needed for the entire GDP
to address how inadequate on and off site public facilities will be
accommodated in the future through the development of this property.
The developer and the City shall enter into a development agreement
which will outline the Owner’s and the City’s obligations related to such
issues as dedication of controlled access, stormwater management
(including any obligations for phasing of improvements or off-site
facilities), transportation improvements (including off-site improvements
necessary to accommodate this development), pedestrian facilities,
contributions for public infrastructure (such as SAC charges, WAC
charges, watermain connection charges, stormwater Management Plan
Area (SWMPAC) charges, Substandard Street Reconstruction charges),
obligations for first seal coat, pedestrian facilities and ramps and street
signage. The extension of public facilities to the boundary of abutting
properties will be addressed if applicable. At the owner’s request the City
staff will prepare the agreement for review and execution to insure
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adequate public facilities will be available when the development
proceeds.
Utilities (sewer and water) are generally available through the extension
of presently terminated facilities on site from in adjacent public rights of
way. The proposed “19 North” development adjacent to the east will
provide another sewer connection. This property is within the Northwest
High Level Water Service Area.
The execution of a Development Agreement is needed for the entire GDP
to address how inadequate on and off site public facilities will be
accommodated in the future through the development of this property.
The developer and the City shall enter into a development agreement
which will outline the Owner’s and the City’s obligations related to such
issues as dedication of controlled access, stormwater management
(including any obligations for phasing of improvements or off-site
facilities), transportation improvements (including off-site improvements
necessary to accommodate this development), pedestrian facilities,
contributions for public infrastructure (such as SAC charges, WAC
charges, watermain connection charges, stormwater Management Plan
Area (SWMPAC) charges, Substandard Street Reconstruction charges),
obligations for first seal coat, pedestrian facilities and ramps and street
signage. The extension of public facilities to the boundary of abutting
properties will be addressed if applicable. At the owner’s request the City
staff will prepare the agreement for review and execution to insure
adequate public facilities will be available when the development
proceeds.
The proposed phasing of the development helps the project better meet
the adequacy of public service standards. There are some inadequate on
and off site public facilities applicable to this development – such as
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public roadways (65 Street NW), sanitary sewer, water and storm sewer
management facilities. No development will be allowed to occur until the
City Council has determined that all required public facilities are adequate
for said development. The developer may request to join with the City in
making these inadequate public facilities adequate for the development
and may enter into a Development Agreement.
The execution of a Development Agreement is needed for the entire GDP
to address how inadequate on and off site public facilities will be
accommodated in the future through the development of this property.
The developer and the City shall enter into a development agreement
which will outline the Owner’s and the City’s obligations related to such
issues as dedication of controlled access, stormwater management
(including any obligations for phasing of improvements or off-site
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facilities), transportation improvements (including off-site improvements
necessary to accommodate this development), pedestrian facilities,
contributions for public infrastructure (such as SAC charges, WAC
charges, watermain connection charges, stormwater Management Plan
Area (SWMPAC) charges, Substandard Street Reconstruction charges),
obligations for first seal coat, pedestrian facilities and ramps and street
signage. The extension of public facilities to the boundary of abutting
properties will be addressed if applicable. At the owner’s request the City
staff will prepare the agreement for review and execution to insure
adequate public facilities will be available when the development
proceeds.
G. Grading and drainage plan approval will be required through the platting
of the phases. Special attention will be given to the erodible nature of the
soils found on the site in the future preparation of grading and drainage
plans.
H. There are hydric soils found in a small area on the property and a
preliminary wetland delineation has been made. The property owner is
responsible for identifying wetlands on the property and can do so by
completing the wetland identification process with the LGU.
I. General Development Plan #R00331GDP identifies a lot, block and street
layout consistent with subdivision design requirements. The proposed
density of 2.83 units per acre is similar to the adjacent residentially
developed properties.
J. The property is surrounded by an arterial streets on the north to existing
single family development to the east, south and west and another
proposed GDP (19 North) on the only undeveloped property to the east.
There currently is no development agreement for this property, however it
likely will be required to complete the necessary on and off site public
facility construction.
K. The GDP proposes low density housing in a designated “Low Density
Residential” area. The new public streets and required sidewalks as well
as the two mid-block pedestrian walkways support the Complete Streets
Policy. The GDP is designed so that in the future the reconstruction of
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65 Street NW to arterial standards will have enough right of way to
provide for all modes of travel as the Complete Streets Policy proposes.
L. Building footprints and lot layout have not been identified on the GDP
since there are no common or shared spaces envisioned in the
development.
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5. Based upon its recommended findings of fact, the Planning Department staff
recommended approval of the General Development Plan subject to the following condition:
A. The developer must provide a revised GDP map to the City which
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identifies on its face that there is no private access allowed to 65 Street
NW, and that the permanent closure of Hillsboro Drive NW will be
accomplished on lands in the GDP.
6At its January 13, 2016, meeting, the Rochester Planning and Zoning Commission
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held a public hearing on this General Development Plan, reviewed the application according to the
requirements of section 61.215, subd.2, adopted the Planning Department’s recommended
findings of fact, and recommended approval of the General Development Plan application subject
to the following conditions of approval:
A. The North Summit GDP map will be revised to show that private access will
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not be allowed to any lots abutting 65 Street N.W.; and,
B. In the future during the platting process, a design acceptable to the City
for the permanent (dead end) closure of Hillsboro Drive NW, at the
southeast corner of the plan, will be provided on lands within the
boundary of the GDP.
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7. At the February 1 public hearing before the Common Council, the Council
amended finding of fact #F to read as follows:
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F. The proposed intersection improvements for the 65 Street NW and
Fairway Drive NW area which include developer constructed bypass and
right turn lanes will reduce safety hazards and capacity issues in the near
term on the adjacent arterial roadway system. The present construction
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of 65 Street NW is inadequate in the long term as it is found adjacent to
this site.
A Development Agreement is a voluntary option for the developer to
address how inadequate on and off site public facilities will be
accommodated in the future through the development of this property.
The developer and the City may enter into a development agreement
which will outline the Owner’s and the City’s obligations related to such
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issues as dedication of controlled access, stormwater management
(including any obligations for phasing of improvements or off-site
facilities), transportation improvements (including off-site improvements
necessary to accommodate this development), pedestrian facilities,
contributions for public infrastructure (such as SAC charges, WAC
charges, watermain connection charges, stormwater Management Plan
Area (SWMPAC) charges, Substandard Street Reconstruction charges),
obligations for first seal coat, pedestrian facilities and ramps and street
signage. The extension of public facilities to the boundary of abutting
properties will be addressed if applicable. At the owner’s request the City
staff will prepare the agreement for review and execution to insure
adequate public facilities will be available when the development
proceeds.
Utilities (sewer and water) are generally available through the extension
of presently terminated facilities on site from in adjacent public rights of
way. The proposed “19 North” development adjacent to the east will
provide another sewer connection. This property is within the Northwest
High Level Water Service Area.
A Development Agreement is a voluntary option for the developer to
address how inadequate on and off site public facilities will be
accommodated in the future through the development of this property.
The developer and the City may enter into a development agreement
which will outline the Owner’s and the City’s obligations related to such
issues as dedication of controlled access, stormwater management
(including any obligations for phasing of improvements or off-site
facilities), transportation improvements (including off-site improvements
necessary to accommodate this development), pedestrian facilities,
contributions for public infrastructure (such as SAC charges, WAC
charges, watermain connection charges, stormwater Management Plan
Area (SWMPAC) charges, Substandard Street Reconstruction charges),
obligations for first seal coat, pedestrian facilities and ramps and street
signage. The extension of public facilities to the boundary of abutting
properties will be addressed if applicable. At the owner’s request the City
staff will prepare the agreement for review and execution to insure
adequate public facilities will be available when the development
proceeds.
The proposed phasing of the development helps the project better meet
the adequacy of public service standards. There are some inadequate on
and off site public facilities applicable to this development – such as
th
public roadways (65 Street NW), sanitary sewer, water and storm sewer
management facilities. No development will be allowed to occur until the
City Council has determined that all required public facilities are adequate
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for said development. The developer may request to join with the City in
making these inadequate public facilities adequate for the development
and may enter into a Development Agreement.
A Development Agreement is a voluntary option for the developer to
address how inadequate on and off site public facilities will be
accommodated in the future through the development of this property.
The developer and the City may enter into a development agreement
which will outline the Owner’s and the City’s obligations related to such
issues as dedication of controlled access, stormwater management
(including any obligations for phasing of improvements or off-site
facilities), transportation improvements (including off-site improvements
necessary to accommodate this development), pedestrian facilities,
contributions for public infrastructure (such as SAC charges, WAC
charges, watermain connection charges, stormwater Management Plan
Area (SWMPAC) charges, Substandard Street Reconstruction charges),
obligations for first seal coat, pedestrian facilities and ramps and street
signage. The extension of public facilities to the boundary of abutting
properties will be addressed if applicable. At the owner’s request the City
staff will prepare the agreement for review and execution to insure
adequate public facilities will be available when the development
proceeds.
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8. At the February 1 public hearing before the Common Council, the Applicant’s
representative indicated both of the conditions recommended by the Planning and Zoning
Commission have been satisfied and can be deleted.
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9. At the February 1 public hearing before the Common Council, the Common
Council concurred with and adopted as its own the findings of fact, as amended by the
Council, and conditions of approval recommended by the Planning and Zoning Commission
as described above.
CONCLUSIONS OF LAW
1. R.C.O. §61.215, subd. 2, provides that the Council shall approve a general
development plan if the following criteria are satisfied:
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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
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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.
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
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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.
3. By a substantial amount of the evidence and testimony presented at the February 1,
2016, public hearing, it is hereby determined by the Common Council of the City of Rochester that
General Development Plan #331 complies with the requirements of §61.215, subd. 2, if the
applicant satisfies the two conditions of approval recommended by the Planning and Zoning
Commission.
ORDER
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The Common Council of the City of Rochester, pursuant to R.C.O. §61.215, subd. 2, does
hereby approve General Development Plan #331 subject to the satisfaction of the two conditions
of approval recommended by the Planning and Zoning Commission.
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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\\GDP\\331
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