HomeMy WebLinkAboutFinding of Fact - LandUsePlanR2015-007/ZoningDistrictAmendR2015-008
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
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In Re: Land Use Plan Amendment #R2015-007 Findings of Fact,
and Zoning District Amendment #R2015-008 Conclusions of Law,
and Order
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On February 1, 2016, the Common Council of the City of Rochester conducted a public
hearing, with notice to the public, to hear the application of Oronoco Investments, LLC
(“Applicant”) to consider an amendment to the land use plan designation for property located at
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the southwest corner of 55 Street N.W., and 18 Avenue N.W. (“Site”). The Applicant seeks to
change approximately 7.98 acres of land on the Site from the “Low Density Residential”
designation to the “Commercial” designation, 20.53 acres of land on the Site from the “Medium
Density Residential” designation to the “Commercial” designation, and 16.85 acres of land on the
Site from the “Low Density Residential” designation to the “Medium Density Residential”
designation. The Applicant also seeks a zoning district change for approximately 18.82 acres of
land on the Site from the R-1 Zoning District (Low Density Residential) to the B-4 Zoning District
(General Commercial), for approximately 9.68 acres of land on the Site from the R-1 Zoning
District (Low Density Residential) to the B-1 Zoning District (Restricted Commercial), and for
approximately 28.56 acres of land on the Site from the R-1 Zoning District (Low Density
Residential) to the R-3 Zoning District (Medium Density Residential).
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At the February 1 public hearing, all interested persons were given an opportunity to give
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testimony and make presentations concerning the application. During the February 1 public
hearing, the Council received into the record and considered those materials included as part of
the Council agenda packet. The Council also received and considered documents submitted by
the Applicant’s 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 January 4 public hearing, the
Council made the following findings of fact, conclusions of law, and order.
FINDINGS OF FACT
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1. The Site is located south of 55 Street N.W., and west of 18 Avenue N.W. 2.
The applicant has filed three applications for the property. The first application, R2015-
007LUPA, is a petition to amend 7.98 acres from “Low Density Residential” and 20.53 acres
from "Medium Density Residential" to “Commercial” as well as approximately 16.85 acres from
"Low Density Residential" to "Medium Density Residential." The applicant has proposed
amending the Zoning District on the property from the R-1 Low Density Residential District to
approximately 18.82 acres of B-4 General Commercial, 9.68 acres of B-1 Restricted
Commercial, and 28.56 acres of R-3 Medium Density Residential. A General Development
Plan and identifies future development for interior multifamily and commercial development on
the exterior of the site.
3. The property is currently undeveloped and has not been platted.
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4. To the north of the Site, directly adjacent to the Site is 55 Street N.W., with a large
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retirement community on the corner. To the east of the Site, directly adjacent to the Site is 18
Avenue N.W., with the B-1 zoning for a funeral home on the corner and R-1 residential built
out to the south. To the south of the Site, there is R-1 (Mixed Single Family) Zoning District
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with the City park adjacent to 18 Avenue N.W., and developed single family homes to the
west. To the west of the Site along the west side of the Site is B-5 zoning for a dental clinic
and R-3 zoning with apartments.
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5. The property has frontage on 55 Street NW, 18 Avenue NW and
Georgetowne Drive NW. The proposed project includes adding a full access onto
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Georgetowne Drive NW leading to a future signal on 55 Street NW. Two access points are
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proposed along 55 Street NW, one full, one right in right out. On 18 Avenue NW, the
northern access will be right in right out and the southern will be full. County Public Works
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has indicated only one access point onto 18 Avenue NW will be approved. This will alter the
circulation pattern of the GDP.
6. The property owner is responsible for conducting a new flood study using Atlas
14 and are required to keep the elevation increase to the minimum allowed. Per Section
61.530 a site capacity calculation will need to be done to determine the net buildable area of
the property. The area designated as Floodway and Floodplain will count against the net
buildable area. A large portion of the site is shown on the GDP to be within the 100 year flood
plain. The information used to create this flood plain boundary is outdated but indicates
historically what a 100 year event likely look will like on the property. The accurately drawn
flood boundary could greatly alter how roads are constructed and the site develops overall.
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7. A Grading Plan and Drainage Report will be required through the development
approval process for the individual lots/phases.
8. The Park and Recreation Department will require Park Dedication for the
residential development during the site development review phase of the proposed R-3 zoning
district.
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9. Currently, 18 Avenue NW is an Olmsted County Right of Way and therefore
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Boulevard Trees are not required. 55 Street is currently a City street that will be turned back
to the County in the future. Any newly dedicated public right of way within the development
will be required to install boulevard trees within the right of way during the development
review phase of each lot.
Land Use Plan Amendment
10. The Land Use Map reflects the policies and goals of the Land Use Plan.
11. 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
accommodate and encourage new development.
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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.
12. 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
designated on the plan for residential purposes based on projected land
area needs. Within limits of projected needs (with allowances made for
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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.
13. 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 16.85 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
areas with steep slopes.
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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.
14. The Planning Department staff report, dated December 15, 2015, applied the above
criteria to the Site and suggested the following findings of fact:
A. The majority of the area proposed for medium density residential has
fairly rolling terrain, except for approximately 200 feet at the southern end
of the site. It is unclear whether site and grading activity will be outside of
potentially flood prone areas (not to be confused with the Flood Prone
District within the Land Development Manual). An updated flood study is
required to determine this, however has not been completed by the
applicant at this time. Based on a previous study done in the area, it
appears a large portion of the medium density residential zoning is within
the 100 year flood plain.
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B. The site is adjacent to a City park and a trail along the north side of 55
Street NW that connects into the Zumbro North Trail. This trail provides
direct access to the downtown core and various employment centers
including the Mayo Campus, IBM, and Government Center. The site is
located less than a mile east of a regional shopping center located just
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west of Highway 52 on 55 Street NW.
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C. The site has an access off of 55 Street NW and 18 Avenue NW. 55
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Street NW is a Strategic Urban Arterial and 18 Avenue NW is a Major
Urban Arterial 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. The current proposal separates the proposed B-4 General Commercial
Zoning Districts from the proposed R-3 Medium Density Residential with a
public road. Beyond boulevard trees, there will be no additional buffering
between the uses. The GDP proposes approximately 1,450 feet of R-3
zoned land directly adjacent to commercially zoned property.
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15. The Planning Department staff applied the Rochester Urban Service Area Land Use
Plan’s “Community Shopping Centers” location criteria in processing that part of this application
seeking to change the land use designation of 18.82 acres and 9.68 acres of the Site to the
“Commercial” designation. Those criteria are:
A. Located at the intersection of an arterial with similar or higher level streets.
B. Having relatively level terrain.
C. With a projected service area of roughly 10,000 households within a radius of
two miles.
D. Having good pedestrian, vehicular, and transit access.
E. Having at least enough land area to serve the fully developed service area at the
rate of 1.5 acres per 1,000 households.
16. The Planning Department staff report, dated December 15, 2015, applied the above
criteria to the Site and suggested the following findings of fact:
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A. The commercial zoning will be located at the intersection of 55 Street
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NW, a Strategic Urban Arterial and 18 Avenue NW, a Major Urban
Arterial per the ROCOG Transportation Plan.
B. The site has an average grade change over the proposed B-4 lots of
12%, with areas closer to the north property line at slopes of 20%. This
will likely require a substantial land alteration application for both the
proposed lots and the public right of ways.
C. The site will not serve an area of roughly 10,000 households within a
radius of two miles. The majority of households served are located to the
north and northwest where existing regional shopping centers currently
exist and already serve a large portion of the area, as shown on the
attached “Existing and Proposed Service Areas” map. A two mile buffer
shows a total of 9,579 parcels. A number of these parcels are
commercially or industrially zoned, reducing the number of parcels that
contribute to the households served.
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D. Within the site there is good vehicular access throughout the site. This could
change based on the flood study results. Pedestrian facilities will be required to
be constructed as the lots develop. There is good pedestrian access in the area
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with a trail along 55 Street NW leading to the Zumbro North Trail. This site is
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served by Route 12, which stops at 18 Avenue NW and Crimson Ridge Drive
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NW, two blocks north of the site. Route 11 has stops at 48 Street NW and 18
Avenue NW, about three blocks south of the site.
E. There currently exists an adequate amount of commercially zoned land at this
intersection. There is more commercially proposed land than is needed to serve the
developed area. The proposed 28.5 acres of commercial would serve a total of
19,000 households, however there is only approximately 3600 households within the
one mile service area. Based on this calculation, only 5.4 acres of commercial is
needed to serve the area. The proposal outlines 9.68 acres of B-1 and 18.82 acres
of B-4 zoning. Adjacent to the proposed commercial is 10.3 acres of existing B-1
Restricted Commercial zoning. There is currently 6.99 acres of undeveloped B-1
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zoned land at the intersection of 18 Avenue N.W., and 55 Street N.W. Within one
mile service area is a regional shopping center which currently serves over half of
the households contained within the boundary of service for the proposed
commercially designated land.
17. The Planning Department staff applied the Rochester Urban Service Area Land Use
Plan’s “Regional Shopping Centers” location criteria in processing that part of this application
seeking to change the land use designation of 18.82 acres and 9.68 acres of the Site to the
“Commercial” designation. Those criteria are:
A. Located at the intersection of a major arterial or higher level street with similar
or higher level streets.
B. Having level terrain.
C. Having good pedestrian, vehicular, and transit access.
D. Having at least 40 acres of land suitable for commercial development.
18. The Planning Department staff report, dated December 15, 2015, applied the above
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criteria to the Site and suggested the following findings of fact:
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A. The commercial will be located at the intersection of 55 Street NW, a
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Strategic Urban Arterial and 18 Avenue NW, a Major Urban Arterial per
the ROCOG Transportation Plan.
B. The site has an average grade change over the proposed B-4 lots of
12%, with areas closer to the north property line at slopes of 20%. This
will likely require a substantial land alteration application to for both the
proposed lots and public right of ways.
C. Within the site there is good vehicular access planned throughout. The
results of the required flood study could however alter this layout.
Pedestrian facilities will be required to be constructed as the lots develop.
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There is good pedestrian access in the area with a trail along 55 Street
NW leading to the Zumbro North Trail. This site is served by Route 12,
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which stops at 18 Avenue NW and Crimson Ridge Drive NW, two blocks
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north of the site. Route 11 has stops at 48 Street NW and 18 Avenue
NW, about three blocks south of the site.
D. There is only 28.5 acres of proposed commercial on site, the remainder of
the 57 acre site is proposed for R-3 Medium Density Residential.
19. The Planning Department Staff Report, dated December 15, 2015, notes that the
Rochester Urban Service Area Land Use Plan prohibits “strip commercial development.” Strip
development is “stringing commercial uses along an arterial.” The Report lists the following
reasons why the proposed development constitutes “strip commercial development:”
A. The proposed development generates traffic problems by showing five
separate entrances onto public streets, which slows traffic and decreases
efficiency as traffic enters and exits.
B. The proposed development is inefficient from the perspective of land
development and shopping efficiency as it does not show shared parking or
how pedestrian movement will occur among the various commercial sites.
C. The proposed development maximizes the area in which conflict occurs
between commercial and adjacent residential uses as the proposed GDP
shows the R-3 medium density surrounded by commercial without the ability
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to provide additional buffers beyond the public right of way and boulevard
trees. Approximately 1,450 feet of R-3 zoned property will be adjacent to
commercially designated land. Additionally, the commercial lots will be
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adjacent to two residential neighborhoods across 55 Street NW and 18
Avenue NW. There is 648 feet of residential adjacent to the commercial
proposed on the north and 645 feet on the east.
D. Because maintenance, rehabilitation, and redevelopment efforts tend to be
sporadic, the strip developed area as a whole begins to decline. It is likely
the commercial lots will not maintain cohesive ownership and develop in a
similar pattern to mitigate these potential negative effects.
20. Based upon the recommended findings of fact as found in the December 15, 2015,
staff report, the Planning Department staff recommended approval of the 16.85-acre portion of the
Land Use Plan Amendment pertaining to the Medium Density Residential designation. The
Planning Department staff found that this portion of the request satisfied three of the four
applicable criteria.
21. Based upon the recommended findings of fact as found in the December 15, 2015,
staff report, the Planning Department staff recommended approval of the 9.68 acre-portion of the
Land use Plan Amendment pertaining to the Commercial designation to be zoned B-1. The
Planning Department staff found that this portion of the request was consistent with the Community
Shopping Center criteria and would not create a strip center scenario. This area could support
approximately 5.4 acres of B-1 commercial development.
22. Based upon the recommended findings of fact as found in the December 15, 2015,
staff report, the Planning Department staff recommended denial of the remaining portions of the
Land Use Plan Amendment. The staff report listed the following specific criteria which were
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not satisfied by this application:
A. Based on Criteria E discussed above, there is excess commercial at this
intersection currently.
B. The proposal will create a situation of strip commercial at this location
C. The land use plan does not support a “Regional Shopping Center” at this
location.
23. The Planning Department staff found that the remaining portion of the Site to be
designated “Commercial” does not fit the criteria for a Regional Shopping Center. Additionally, the
proposed development will enable the creation of strip commercial, a use not supported by the
Rochester Urban Service Area Land Use Plan. The proposal only meets two of the four criteria for
a Regional Shopping Center and only two of the five criteria for a Community Shopping Center.
24. On January 13, 2016, 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 #R2015-007LUPA based upon the Planning Department staff’s
recommended findings of fact and the following finding of fact for criteria E of the “Community
Shopping Centers” locational criteria: there is at least enough land area to serve the developed
service area at a rate of 1.5 acres per 1,000 households.
Zoning District Amendment
25. 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:
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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.
26. 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.)
27. The Planning Department staff report, dated December 15, 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 “low density” and “medium density”
types of uses. A Land Use Plan amendment is being considered
concurrent with this application. If the Land Use Plan amendment
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is approved for “medium density residential”, rezoning all 28.56
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. There is currently single
family development and assisted living in the area. The proposed
R-3 would allow for apartment style housing in the vicinity. 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 28.56 acres.
Multifamily uses would be appropriate on the property and
compatible with adjacent properties. Multifamily development is
intended to provide a buffer to residential uses. 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 57.06 acres and not a single lot or several
small lots. There is existing R-3 Zoning adjacent to the property on
the west end as well as in the vicinity to the east.
28. The Planning Department staff report, dated December 15, 2015, suggested the
following findings of fact concerning the proposed B-1 rezoning:
A. The Rochester Urban Service Area Land Use Plan designates this
property as appropriate for “low density residential” types of uses.
A Land Use Plan amendment is being considered concurrent with
this application. If the Land Use Plan amendment from “low
density residential” to “commercial” is approved, rezoning 9.68
acres of land to B-1 (Restricted Commercial) would be consistent
with the “Commercial” land use designation. If the Land Use Plan
amendment is not approved, the proposed rezoning would be
inconsistent with the Land Use Plan.
B. The proposed 9.68 acres of B-1 zoning is compatible with adjacent
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properties. Based on the criteria within the Land Use Plan
amendment, staff only supports a rezoning of approximately 5-6
acres to the B-1 designation. The B-1 Zoning District is reflective
of Community Shopping Centers within the locational criteria for
commercial uses in the RUSALUP. The B-1 district permitted uses
are of a type to serve the immediate area without creating negative
impacts on the residential areas. Most uses have restricted hours,
require more landscaping, and have more restrictive lighting and
sign standards than a B-4 Zoning District use. Additionally, there
is B-1 zoning adjacent to the site.
C. There is B-1 zoning located adjacent to the northeast corner of this
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site where the B-1 zoning is proposed both on the north side of 55
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Street NW and the east side of 18 Avenue NW.
29. The Planning Department staff report, dated December 15, 2015, suggested the
following findings of fact concerning the proposed B-4 rezoning:
A. The Rochester Urban Service Area Land Use Plan designates this
property as appropriate for “low density residential” types of uses.
A Land Use Plan amendment is being considered concurrent with
this application. If the Land Use Plan amendment from “low
density residential” to “commercial” is approved, rezoning 18.82
acres of land to B-4 (General Commercial) would be consistent
with the “Commercial” land use designation, however would not be
consistent with the Regional Shopping Center locational criteria of
Chapter 2. Additionally, the B-4 proposed property does not
comply with the restriction against strip commercial of Chapter 3.
B. The application for 18.82 acres of B-4 zoning is not appropriate to
the subject property. B-4 General Commercial District is “intended
to provide areas of concentrated commercial development outside
the Central Development Core, oriented towards thoroughfare
locations because of the access and visibility…Uses in the district
are generally of a type providing service to the residents of the
entire region or community.” The site is situated to provide
services of low intensity adjacent to residential areas, a
designation reserved for B-1 zoning. Uses within the district
generally have no restrictions on hours of operation and have more
lenient standards for lighting and signage. The B-4 allows for the
most intensive commercial uses adjacent to the R-1 Zoning.
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C. There currently are no B-4 Zoning Districts adjacent to this site.
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There previously was B-4 zoning on the southeast corner of 55
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Street NW and 18 Ave NW, however by City Council initiated
action, the land was downzoned to B-1 Restricted Commercial in
1998. There is B-5 developed as a dental office on the west end
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adjacent to 55 Street NW, however the closest existing B-4
zoning is adjacent to Highway 52, where General Commercial is
typically located.
30. Based upon the recommended findings of fact as found in the December 15, 2015,
staff report, the Planning Department staff recommended denial of this zone change request.
31. On January 13, 2016, the Planning and Zoning Commission held a public hearing to
review the proposed rezoning request. The Commission recommended the approval of the
request for a change in the zoning district for 28.56 acres of the Site from the R-1 Zoning District to
the R-3 Zoning District based upon the Planning Department’s recommended findings of fact. The
Commission recommended the denial of the remainder of Zoning District Amendment #R2015-
008zc based upon the Planning Department’s recommended findings of fact.
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32. At the February 1 public hearing before the Common Council, the Applicant’s
representative appeared and gave a presentation in support of the application. During that
presentation, the Applicant’s representative submitted into the record proposed findings of fact in
support of the requested land use plan amendment and zone change request. Those proposed
findings of fact are found in the booklet entitled “Hunter Valley Estates Handouts” and are on file
with the City Clerk.
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33. At the February 1 public hearing before the Common Council, several neighbors
appeared to express concerns over flooding in the area, threats to the integrity of Kings Run
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watercourse, and the need to protect Blanding’s Turtles.
CONCLUSIONS OF LAW
1. This matter is properly before the Common Council pursuant to Minn. Stat.
§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 7.98 acres of the Site’s current land use designation of “Low
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Density Residential” designation to the “Commercial” designation, to amend 20.53 acres of the
Site’s current land use designation of “Medium Density Residential” designation to the
“Commercial” designation, and to amend 16.85 acres of the Site’s current land use designation of
“Low Density Residential” designation to “Medium Density Residential” designation (Land Use
Plan Amendment #R2015-007LUPA) 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 approximately 18.82 acres of the Site from
the R-1 Zoning District (Low Density Residential) to the B-4 Zoning District (General Commercial),
for approximately 9.68 acres of the Site from the R-1 Zoning District (Low Density Residential) to
the B-1 Zoning District (Restricted Commercial), and for approximately 28.56 acres of the Site from
the R-1 Zoning District (Low Density Residential) to the R-3 Zoning District (Medium Density
Residential) (Zoning District Amendment #R2015-008ZC) be in all things approved.
Dated at Rochester, Minnesota this _____ day of February, 2016.
______________________________
Randy Staver, President
City of Rochester Common Council
Approved at Rochester, Minnesota this _____ day of February, 2016.
______________________________
Ardell F. Brede
Mayor of the City of Rochester
Fof.Zone15/LUP.ZONE.07
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