HomeMy WebLinkAboutFinding of Fact - GenDevelopPlan#332 (19North)
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
___________________________________
In Re: General Development Plan Findings of Fact,
#332 Conclusions of Law,
and Order
___________________________________
On February 17, 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 27, 2016, in response to the application for General Development Plan
#332 (19 North).
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At the February 17 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 27, 2016, public hearing on this application, the Planning and Zoning
Commission considered the issue of whether General Development Plan #332 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. Zoning District amendment (#R2015-009ZC) is being considered
concurrent with this GDP. The proposed amendment to R-2 Low Density
Residential if approved will be consistent with the policies of the adopted
comprehensive plan.
B. General Development Plan #R00332, with 19 performance residential lots
for detached housing units, is compatible with existing uses on the
adjacent properties. The density proposed for the performance residential
development is consistent with the proposed R-2 zoning district and the
adjacent single family developed areas.
C. The design of the proposed private street provides interior circulation and
connections to the adjacent thoroughfares. A future bicycle trail system
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connection is proposed along 65 Street NW and would connect to the
future bicycle trail system of adjacent properties.
D. Developing the property with performance residential, low density
development would be consistent with the Land Use Plan and Housing
Plan which encourages developing a range of densities and development
styles. The area currently has a range of single family homes.
E. The Public Works Director waived the traffic impact study for this
development and the adjacent development (#R00331GDP) because this
developer has agreed to construct a bypass land and a right turn lane in
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the 65 Street NW ROW for the future Fairway Drive NW intersection.
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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 network. Improvements to
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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 in #R00331GDP 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 arterial roadway system adjacent
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to this development. The present construction 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 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 the
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 ensure 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 “North Summit” development adjacent to the west will
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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 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 the
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 ensure adequate public
facilities will be available when the development proceeds.
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.
While there are sewer and water lines adjacent to the site as noted in the
Planning Department Review section of this report, until the developer
has paid their share of the burden for this infrastructure, they are not
allowed to access those lines, making the site inadequate. 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, prior to recording a Final Plat for
the property that outlines the developer and City’s obligations.
G. Grading and drainage plan approval will be required through platting.
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. The property owner is responsible for identifying wetlands on the property
and can do so by completing the wetland identification process with the
LGU. Decorah Edge and hydric soils do not exist on the site.
I. General Development Plan #00332GDP identifies a lot, block, and street
layout consistent with subdivision design requirements. The proposed
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density of 4.7 units per acre is similar to the adjacent residentially
developed properties.
J. The property is surrounded by an arterial street to the north, existing
single family development to the east and south, and another proposed
GDP (North Summit) on the only undeveloped property to the west.
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, which is in compliance with the Comprehensive Plan.
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. Public sidewalks will be required on along both
sides of public roadways.
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. 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. Public sidewalks will be required on along
both sides of public roadways.
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 20 foot wide public drainage easement
required along the north 20 feet of the plat in addition to the proposed
public drainage easement for the proposed storm water facility, per
comments received from City Public Works.
6At its January 27, 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 no conditions of approval.
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7. At the February 17 public hearing before the Common Council, the Applicant’s
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representative indicated agreement with all of the Planning and Zoning Commission’s
recommended findings of fact and recommended approval of the application without any
conditions of approval.
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8. At the February 17 public hearing before the Common Council, the Common
Council concurred with and adopted as its own the findings of fact and recommendation of 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:
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.
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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 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.
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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
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
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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
17, 2016, public hearing, it is hereby determined by the Common Council of the City of Rochester
that General Development Plan #332 complies with the requirements of §61.215, subd. 2.
ORDER
The Common Council of the City of Rochester, pursuant to R.C.O. §61.215, subd. 2, does
hereby approve General Development Plan #332.
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\\332
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