HomeMy WebLinkAboutFinding of Fact - GenDevelopPlan#335.WindamereWoods
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
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In Re: General Development Plan Findings of Fact,
#335 Conclusions of Law,
and Order
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On March 21, 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 February 24, 2016, in response to the application for General Development Plan
#335 (Windamere Woods).
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At the March 21 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 February 24, 2016, public hearing on this application, the Planning and Zoning
Commission considered the issue of whether General Development Plan #335 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. The property is designated for “low density residential” types of land uses
on Land Use Plan. Land uses within the GDP would be consistent with
the “low density residential” land use designation for the property. The
GDP is also being processing concurrently with a rezoning special district
request. If the special district is approved, the GDP is generally consistent
with the regulations of the special district. If the Commission decides to
require additional protections for the slopes and existing trees, the
locations of several houses could be altered or a supplemental ‘building
envelope’ plan submitted.
B. The proposed development is considered an “in-fill” development with
surrounding uses consisting of single family dwellings and streets. This
GDP proposes low density residential (approximately one unit per 1.42
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acres), which is consistent with the land use designation for the property
and adjacent properties. Refer to comments in the SD analysis section
regarding compatibility with adjacent properties.
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The main access to the development will from 15 Avenue SW and
Sherburn Pl SW, which are designated as local residential streets on the
ROCOG 2040 Transportation Plan Functional Designation Map
Rochester Urban Area Road System. The development is bounded on the
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west side by 18 Avenue SW, which is identified as a Secondary Urban
Arterial.
C. The applicant is proposing a six foot wide pedestrian/bicycle path on rural
cross section public right of ways within the development; this is
consistent with adjacent developments. Sidewalks will be required on both
sides of the street for urban cross section streets. Traffic generation will
be marginal and speeds slower (roads are local residential streets and
shorter in length) on the site; the on-site access and circulation for
pedestrian, non-motorized and motorized vehicles appears to be
adequate.
D. The development density is consistent with the low density residential
land use designation of the Land Use Plan. The proposed plan offers a
variety of density and lot size options within the spectrum of sizes
compared to neighborhoods on the east, west and south side of the
proposed development. As discussed earlier in the report in more detail,
the Land Use Plan calls for preservation of existing, older neighborhoods
within the City, and the proposed housing mix appears to offer options
within the range of the nearby neighborhoods.
E. The proposed development is considered an “in-fill” development since it
is surrounded by existing development on all sides. All infrastructure to
be extended to accommodate the development is the responsibility of the
developer, and the roadways in which the development would take
access on to are local residential streets.
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F. The main access to the development will from 15 Avenue SW and
Sherburn Pl SW, which are designated as local residential streets on the
ROCOG 2040 Transportation Plan Functional Designation Map
Rochester Urban Area Road System. The development is bounded on the
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west side by 18 Avenue SW, which is identified as a Secondary Urban
Arterial.
All infrastructure needed to accommodate the development is the
responsibility of the developer. Where adequate public facilities are
lacking, the developer has the option to enter into a development
agreement with the City. A traffic impact report was waived by the City
Engineer. The below Public Works’ comment regarding adequate public
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facilities applies to this subsection.
Certain utilities are available to serve the development. This site is within
the Willow High Level Water System Area, which is available at the end
of Sherburn Place SW. Anticipated static water pressures will range from
the low 50’s to the low 70’s PSI within this area depending on finals
grades. The water main in the northerly cul-de-sac street must be looped
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to 15 Avenue SW and water mains or services must be extended to
adjacent properties per RPU’s requirements.
Per Public Works comments, there are inadequate on and off site public
facilities, specifically Public Roadways, gravity Sanitary Sewer, Water,
and Storm Water Management Facilities, existing to accommodate the
development of this Property. No development will be allowed to occur
until the City Council has determined that all required public facilities are
adequate for said development. Alternatively, the developer may request
to join with the City in making these inadequate public facilities adequate
for this development, and may enter into a Development Agreement, prior
to Final Plat submittal, that outlines the developer’s and City’s obligations
related, but not limited to: access, stormwater management,
transportation improvements, pedestrian facilities, contributions for
existing and future public infrastructure, and the extension of public
utilities to abutting properties where applicable.
Parkland dedication for the development should be in the form of cash in
lieu of land. Also, again, please see the above stated Public Works’
comments regarding public facilities.
G. Grading & Drainage Plan approval for the subdivision public
improvements is required prior to Final Plat submittal, and individual lot
Grading & Drainage Plan approval will be required through the
development approval process for the individual lots. The property mostly
drains from the southeast to northwest, though a portion of the central
part of the property drains to the southeast. No storm water management
ponds are shown on the GDP.
H. Hydric soils exist on the site according to the Soil Survey. The property
owner is responsible for identifying wetlands on the property and
submitting the information as part of this application. This land is within
the Decorah Edge overlay zone. The applicant will need to comply with
the relevant standards.
I. The lot and block layout appear generally consistent with the design
standards in Section 64.100, and are generally consistent with the
existing adjacent parcels.
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J. The general development plan is bounded on all sides by existing
development or higher order streets that limit the inclusion of other
abutting lands - #1 above is satisfied.
K. The Plan appears to be in compliance with the Comprehensive Plan.
Additional site detail, such as sidewalks and pedestrian trails, will be
reviewed at the platting stage. City Public Works submitted comments
that state the plan for a rural cross section with a six foot path on one side
is acceptable and sidewalks on both sides of the street will be required in
urban cross section right of way.
L. The proposed development isn’t a commercial development but a residential
development that will provide a six foot path along rural cross section public
roads and sidewalks within the right of way of urban cross section roads.
5. Based upon its recommended findings of fact, the Planning Department staff
recommended approval of the General Development Plan subject to the following conditions:
A. Per County Public Works, right of way dedication will be required for
future County Road 147 and trail expansion. Per City Public Works, there
is an obligation for providing pedestrian facilities along the entire existing
frontages of the Property abutting 18th Avenue SW and 15th Ave SW.
Additional ROW or a Pedestrian Facilities Easement may be needed
along 18th Avenue SW. A determination will be made during the
construction plan review process. Therefore, resolving the question of
right of way dedication or a pedestrian facilities easement to satisfy the
trail/pedestrian facilities obligation is required prior to submitting a final
plat and shall be identified on any final plat submittal.
B. Two access points currently serve this parcel from County Road 147. The
northerly access to the residence shall remain and the southerly access
shall be removed.
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C. County Road 147/28 Street SW intersection shall be evaluated to
determine need for turn lanes/bypass lanes, and this shall be resolved
prior to Final Plat submittal.
D. Any concentrated drainage entering county right of way from the property
shall be by permit only and maintenance shall be the responsibility of the
owner.
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E. Slope easement in addition of right of way dedication may be required for
slopes greater than 1:2; this shall be resolved prior to submitting a final
plat.
F. Per County Public Works, access control shall be dedicated on County
Road 147. Per City Public Works, dedication of controlled access along
18th Avenue SW shall be identified on the Final Plat, for the entire
frontage, excepting any access location approved by Olmsted County.
The General Development Plan shall also be revised to identify controlled
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access along 18 Avenue SW, excepting any access locations approved
by Olmsted County. Any final plat submitted shall identify this controlled
access.
G. Dedication of a 10 foot wide platted public utility easements are required
along the frontages of all public streets.
H. Hydric soils exist on the site according to the Soil Survey. The property
owner is responsible for identifying wetlands on the property and
submitting the information as part of this application. This land is within
the Decorah Edge overlay zone. The applicant will need to comply with
the relevant standards. A wetland delineation should be completed for the
site and a Decorah Edge study addressing the standards of the ordinance
included with the GDP.
I. The north parcel should be either labeled as one lot or two separate lots
with one being an outlot.
J. Lot 19 may not be buildable and/or there may be restrictions on the
buildable location depending on wetland, DE and slope features; this
shall be resolved with planning prior to Final Plat submittal.
K. The proposed island within the extension of Sherburn Lane SW on the
northern most cul-de-sac shall satisfy the criteria for islands found in
Section 64.226. Maintenance obligations shall be resolved prior to Final
Plat submittal.
L. On-street signage shall be posted per Fire Department comments
regarding the width of streets.
M. Any stormwater facilities shall be required to have a drainage easement.
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N. The General Development Plan identifies 18 Avenue SW/County Road
147 as a collector street; it is a Secondary Urban Arterial. The GDP shall
be revised to identify this.
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O. On the preliminary plat, calculate and identify the radii of proposed cul-
de-sacs; shall satisfy the LDM standards and Fire Department standards.
P. There are inadequate on and off site public facilities, specifically Public
Roadways, gravity Sanitary Sewer, Water, and Storm Water Management
Facilities, existing to accommodate the development of this Property. No
development will be allowed to occur until the City Council has
determined that all required public facilities are adequate for said
development. Alternatively, the developer may request to join with the City
in making these inadequate public facilities adequate for this
development, and may enter into a Development Agreement, prior to
Final Plat submittal, that outlines the developer’s and City’s obligations
related, but not limited to: access, stormwater management (including any
obligations for on or off-site facilities), transportation improvements
(including any off-site improvements necessary to accommodate this
development), pedestrian facilities, contributions for existing and future
public infrastructure, and the extension of public utilities to abutting
properties where applicable.
Q. Grading and Drainage Plan approval is required prior to Final Plat
approval.
R. Gravity sanitary sewer is not currently available to serve this Property.
Public Works supports the concept for allowing development to proceed
utilizing a private lift station until such time gravity sanitary sewer is made
available. Data is needed from the developer’s consulting engineer to
confirm peak flow capacity in the existing sanitary sewer system that
would accept flow from the proposed development. Execution of a
Maintenance Agreement/Revocable Permit is required for the proposed
lift station within the public ROW before Final Plat approval.
S. Any new public streets constructed as urban sections with curb and gutter
shall include concrete sidewalk on both sides of the streets.
T. Execution of a City-Owner Contract, and dedication of any applicable on-
site and off-site public easements is required prior to construction of any
public infrastructure to serve the property.
U. A 20’ minimum public utility easement is required for all of the public
water mains located outside of the public street ROW.
V. A private easement or maintenance agreement must be recorded for the
portion of the water service that crosses Lot 19, Block 1 to serve Lot 18,
Block 1.
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W. The Park and Recreation Department recommends that dedication
requirements be met via: cash in lieu of land with payment due prior to
recordation of the final plat.
X. Boulevard trees will be required for the development. Prior to the
development of the property, the Owner shall determine which of the two
available options, Payment Method or Install Boulevard Trees, will be
used to meet their boulevard tree obligations for each phase of the
development. Trees shall be planted every 50 feet.
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6At its February 24, 2016, meeting, the Rochester Planning and Zoning
.
Commission held a public hearing on this General Development Plan, reviewed the application
according to the requirements of section 61.215, subd. 2, adopted the Planning Department’s
recommended findings of fact, and recommended approval of the General Development Plan
application subject to 24 conditions of approval.
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7. At the March 21 public hearing before the Common Council, the Applicant’s
representative indicated agreement with all of the Planning and Zoning Commission’s
recommended findings of fact and recommended approval of the application subject to the 24
conditions of approval.
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8. At the March 21 public hearing, the Council added a 25 condition to read as
follows:
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Y. The developer will not be entitled to any driveway permits onto 15 Avenue
for Lots 3-8, Block 2.
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9. At the March 21 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 and also adopted the above-described
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25 condition of approval.
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
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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
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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
inclusion of other abutting lands;
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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 March 21,
2016, public hearing, it is hereby determined by the Common Council of the City of Rochester that
General Development Plan #335 complies with the requirements of §61.215, subd. 2 subject to the
satisfaction of the 25 conditions of approval described above.
ORDER
The Common Council of the City of Rochester, pursuant to R.C.O. §61.215, subd. 2,does
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hereby approve General Development Plan #335 subject to the satisfaction of the 25 conditions of
approval described above.
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Dated at Rochester, Minnesota this _____ day of March, 2016.
____________________________________
Randy Staver
President of the Rochester Common Council
Approved at Rochester, Minnesota this _____ day of March, 2016.
______________________________
Ardell F. Brede
Mayor of the City of Rochester
FOF.Zone15\\GDP\\335
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