HomeMy WebLinkAboutFinding of Fact - ShannonOaks.LandSubdPermitR2016-009
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
________________________________________
In Re: Land Subdivision Permit #R2016-009 Findings of Fact,
Shannon Oaks Conclusions of Law
And Order
________________________________________
On May 2, 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 April 13, 2016, in response to Land Subdivision Permit (Preliminary
nd
Plat) #R2016-009. At the May 2 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) #R2016-009 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;
2
2
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 #R2016-009 satisfied the requirements of R.C.O. §61.225 if the following
conditions are imposed:
A. The plat shall show the proposed street name Shannon Oaks
Place NE, per GIS/Addressing requirements.
B. The developer shall revise the proposed water system layout, per
Rochester Public Utilities requirements.
3
3
C. There is an existing Development Agreement and Supplemental
Agreement applicable to this Property. The terms of the existing
Supplemental Agreement call for the Owner to execute another
Supplemental Agreement will be prepared for execution by the
Owner and City prior to recording the Final Plat, to address
remaining obligations and features of the current proposal that are
inconsistent with the existing Development Agreement.
D. The status of the Grading and Stormwater Management Plan shall
be approved, or approved with conditions, prior to submitting the
Final Plat. Submittal of a Final Plat prior to final Grading and
Stormwater Management Plan approval or approval with
conditions requires authorization from the City Engineer.
E. Execution of a City-Owner Contract, and dedication of any
applicable public easements (not shown on the plat) is required
prior to construction of any public infrastructure for this
development.
F. When submitted, preliminary construction plans will be reviewed
and comments will be provided separately to the consulting
engineer. Applicant will comply with the comments.
G. An adequate water supply shall be provided for fire protection
including hydrants properly located and installed in accordance
with the specifications of the Water Division. Hydrants shall be in
place prior to commencing building construction.
(1) The average fire hydrant spacing shall be 500 feet.
MNSFC Appendix C – Table C105.1.
(2) The minimum fire-flow requirement for single family
residential structures shall be 1,000 gallons per minute
(3785.4 L/min.) for two hours.
H. Streets and roadways shall be as provided in accordance with the
Fire Code, and the Zoning Ordinance and Land Development
Manual. Emergency vehicle access roadways shall be
serviceable prior to and during building construction.
(1) Minimum street width shall not be less than 20 feet clear
drivable width.
4
4
(2) Streets less than 32 feet in width shall be posted “No
Parking” on one side of the street. Streets less than 26 feet
in width shall be posted “No Parking” on both sides of the
street.
(3) Minimum cul-de-sac diameter shall not be less than 70 feet
in diameter.
(4) Cul-de-sacs less than 96 feet in diameter shall be posted
“No Parking.”
I. All street, directional and fire lane signs must be in place prior to
occupancy of any buildings.
J. All buildings are required to display the proper street address
number on the building front, which is plainly visible and legible
from the street fronting the property. Number size must be a
minimum 4” high on contrasting background when located on the
building and 3” high if located on a rural mail box at the public
road fronting the property. Reflective numbers are recommended.
K. Parkland dedication requirements shall be met via cash in lieu of
land with payment due prior to recordation of the final plat. The
dedication amount for this phase will be $9,540.40 ($23,000 x
.4148 acres).
L. 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 development. Once the option is selected, the
Owner shall either make applicable cash payment to the
Rochester Park & Recreation Department or submit a planting
plan to the City Forester for a planting permit prior to final
development approval. Trees shall be planted every 50 feet.
M. The City of Rochester Zoning Ordinance and Land Development
Manual indicates in 61.200 SUBDIVISION ACTIVITIES: The
requirements of Sections 61.200 through 61.584 identify
approvals that will be required to authorize any subdivision activity
which is defined as a subdivision by statute or City ordinance.
Any person seeking approval of subdivision activity, development
activity or a conditional use permit must indicate whether there will
be burning of brush, trees or debris that will be cleared as part of
5
5
the subdivision activity. The approval and issuance of open
burning permits inside the Rochester City limits are the
responsibility of the Rochester Fire Marshal’s Office. If general
development plans for the disposal of any brush and vegetation
include burning the materials on site, certain environmental,
health, and safety concerns may prohibit the acquisition of a
burning permit from the Rochester Fire Marshal’s Office, and
another method of disposal may be necessary.
nd
5. At the May 2 public hearing, the Applicant’s representative agreed with the above
conditions as recommended by the Planning and Zoning Commission.
6. The Council concurs with and adopts as its own the findings of fact, conditions of
approval, and recommendation proposed by the Planning and Zoning Commission.
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
6
6
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 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
7
7
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.
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 May 2,
2016, hearing, it is hereby determined by the Common Council of the City of Rochester that Land
Subdivision Permit #R2016-009 complies with the requirements of R.C.O. §61.225, subd. 2, if the
Applicant satisfies the 13 conditions of approval recommended by the Planning and Zoning
Commission.
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) #R2016-009 subject to the 13
conditions of approval recommended by the Planning and Zoning Commission.
8
8
Dated at Rochester, Minnesota this _____ day of May, 2016.
________________________________
Randy Staver
President of the Rochester Common Council
Approved at Rochester, Minnesota this _____ day of May, 2016.
______________________________
Ardell F. Brede
Mayor of the City of Rochester
Fof.Zone15\\LandSub\\1609
9
9