HomeMy WebLinkAboutFinding of Fact - LandSubPermit#2016-003.WindamereWoods
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
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In Re: Land Subdivision Permit #R2016-003 Findings of Fact,
Windamere Woods Conclusions of Law
And Order
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On March 21, 2016, the Common Council of the City of Rochester conducted a public
hearing, upon notice to the public, to consider the Planning and Zoning Commission's findings of
the public hearing held on February 24, 2016, in response to Land Subdivision Permit
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(Preliminary Plat) #R2016-003. At the March 21 public hearing, all interested persons were
given the opportunity to make presentations and give testimony concerning the application.
Based upon the evidence presented at the hearing, the Common Council of the City of
Rochester does hereby make the following findings of fact, conclusions of law, and order.
FINDINGS OF FACT
1. At its public hearing on this application, the Planning and Zoning Commission
considered the issue of whether Land Subdivision Permit (Preliminary Plat) #R2016-003 satisfied
the conditions of section 61.225, subd. 2, of the Rochester Code of Ordinances.
2. R.C.O. §61.225, subd. 2, provides that the Council shall approve a development permit
authorizing a land subdivision if all of the following findings with respect to the proposed
development are made:
A. The proposed land subdivision conforms to all relevant requirements
of this ordinance and variances have been granted to permit any
nonconformance;
B. The proposed water system and sanitary sewer system are adequate
to serve the normal and fire protection demands of proposed
development and to provide for the efficient and timely extension to
serve future development;
C. The plan for soil erosion and stormwater management meets the
adopted standards of the City of Rochester and is consistent with the
adopted Stormwater Management Plan or adopted drainage or
stormwater policies;
D. The vehicular and non-motorized system is consistent with adopted
transportation plans and is consistent with the street layout standards
listed in section 64.120 and traffic service standards in section
61.526;
E. The lot and block layout provide for safe and convenient vehicular,
service and emergency access, efficient utility service connections,
and adequate buildable area in each lot for planned uses;
F. The proposed land subdivision has taken into account the current six-
year and other Long-Range Capital Improvements Programs and the
elements listed therein in the design of the subdivision;
G. The proposed subdivision, if in a residential zoning district,
addresses the need for spillover parking consistent with the
requirements of section 63.426;
H. The right-of-ways and easements of adequate size and dimension
are provided for the purpose of constructing the street, utility, and
drainage facilities needed to serve the development;
I. The proposed parks, trail thoroughfares and open space dedications
are consistent with adopted plans, policies and regulations;
J. The proposed subdivision will not have off-site impacts on the street,
drainage, water or wastewater systems that exceed adopted
standards;
K. The proposed subdivision will not have adverse impacts on the safety
or viability of permitted uses on adjacent properties;
L. The proposed land subdivision is designed in such a manner as to
allow for continued development in an efficient manner on adjacent
undeveloped lands;
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M. The soils, topography and water tables have been adequately
studied to ensure that all lots are developable for their designated
purposes;
N. The proposed land subdivision is consistent with the standards of the
City’s adopted Comprehensive Plan;
O. Any land located within Zone A as shown on the currently adopted
Flood Boundary and Floodway Maps of Flood Insurance Study,
Rochester, Minnesota, prepared by the Federal Emergency
Management Agency, is determined to be suitable for its intended
use and that the proposed subdivision adequately mitigates the risks
of flooding, inadequate drainage, soil and rock formations with severe
limitations for development, severe erosion potential, or any other
floodplain related risks to the health, safety or welfare of the future
residents of the proposed subdivision in a manner consistent with this
ordinance;
P. The proposed land subdivision, if approved, would not result in a
violation of federal or state law, or city or county ordinance; and
Q. The proposed land subdivision permit is consistent with any
approved and applicable General Development Plan, Conditional
Use Permit or Traffic Impact Study.
3. R.C.O. §61.226 authorizes the approving body to impose modifications or
conditions to the extent that such modifications or conditions are necessary to ensure compliance
with §61.225.
4. The Planning and Zoning Commission concluded that the application for Land
Subdivision Permit #R2016-003 satisfied the requirements of R.C.O. §61.225 if the following
conditions are imposed:
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
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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.
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
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shall also be revised to identify controlled 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.
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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.
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.
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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.
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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5. At the March 21 public hearing, the Applicant’s representative agreed with the
above conditions as recommended by the Planning and Zoning Commission.
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6. At the March 21 public hearing, the Council added a 25 condition of approval 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.
7. The Council concurs with and adopts as its own the findings of fact, conditions of
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approval, and recommendation proposed by the Planning and Zoning Commission, and the 25
condition of approval.
CONCLUSIONS OF LAW
1. R.C.O. §61.225, subd. 2, provides that the Council shall approve a development
permit authorizing a land subdivision if all of the following findings with respect to the proposed
development are made:
A. The proposed land subdivision conforms to all relevant requirements
of this ordinance and variances have been granted to permit any
nonconformance;
B. The proposed water system and sanitary sewer system are
adequate to serve the normal and fire protection demands of
proposed development and to provide for the efficient and timely
extension to serve future development;
C. The plan for soil erosion and stormwater management meets the
adopted standards of the City of Rochester and is consistent with
the adopted Stormwater Management Plan or adopted drainage or
stormwater policies;
D. The vehicular and non-motorized system is consistent with adopted
transportation plans and is consistent with the street layout
standards listed in section 64.120 and traffic service standards in
section 61.526;
E. The lot and block layout provide for safe and convenient vehicular,
service and emergency access, efficient utility service connections,
and adequate buildable area in each lot for planned uses;
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F. The proposed land subdivision has taken into account the current
six-year and other Long-Range Capital Improvements Programs and
the elements listed therein in the design of the subdivision;
G. The proposed land subdivision, if in a residential zoning district,
addresses the need for spillover parking consistent with the
requirements of section 63.426;
H. The right-of-ways and easements of adequate size and dimension
are provided for the purpose of constructing the street, utility, and
drainage facilities needed to serve the development;
I. The proposed parks, trail thoroughfares and open space dedications
are consistent with adopted plans, policies and regulations;
J. The proposed subdivision will not have off-site impacts on the street,
drainage, water or wastewater systems that exceed adopted
standards;
K. The proposed subdivision will not have adverse impacts on the
safety or viability of permitted uses on adjacent properties;
L. The proposed land subdivision is designed in such a manner as to
allow for continued development in an efficient manner on adjacent
undeveloped lands;
M. The soils, topography and water tables have been adequately
studied to ensure that all lots are developable for their designated
purposes;
N. The proposed land subdivision is consistent with the standards of
the City’s adopted Comprehensive Plan;
O. Any land located within Zone A as shown on the currently adopted
Flood Boundary and Floodway Maps of Flood Insurance Study,
Rochester, Minnesota, prepared by the Federal Emergency
Management Agency, is determined to be suitable for its intended
use and that the proposed subdivision adequately mitigates the risks
of flooding, inadequate drainage, soil and rock formations with
severe limitations for development, severe erosion potential, or any
other floodplain related risks to the health, safety or welfare of the
future residents of the proposed subdivision in a manner consistent
with this ordinance;
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P. The proposed land subdivision, if approved, would not result in a
violation of federal or state law, or city or county ordinance; and
Q. The proposed land subdivision permit is consistent with any
approved and applicable General Development Plan, Conditional
Use Permit or Traffic Impact Study.
2. R.C.O. §61.226 authorizes the Council to impose conditions on its approval of a
development permit.
3. By a substantial amount of the evidence and testimony presented at the March 21,
2016, hearing, it is hereby determined by the Common Council of the City of Rochester that Land
Subdivision Permit #R2016-003 complies with the requirements of R.C.O. §61.225, subd. 2, if the
Applicant satisfies the 24 conditions of approval recommended by the Planning and Zoning
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Commission and the 25 condition of approval added by the Council.
ORDER
The Common Council of the City of Rochester, pursuant to R.C.O. §61.225, subd. 2, does
hereby approve Land Subdivision Permit (Preliminary Plat) #R2016-003 subject to the 25
conditions of approval recommended by the Planning and Zoning Commission and added by the
Council.
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.
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______________________________
Ardell F. Brede
Mayor of the City of Rochester
Fof.Zone15\\LandSub\\1603
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