HomeMy WebLinkAboutFinding of Fact - GenDevelopPlan#197.Amendment(Fieldstone)
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
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In Re: General Development Plan Findings of Fact,
#197 Amendment Conclusions of Law,
and Order
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On May 16, 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 April 27, 2016, in response to the application for an amendment to General
Development Plan #197 (Fieldstone).
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At the May 16 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 April 27, 2016, public hearing on this application, the Planning and Zoning
Commission considered the issue of whether the amendment to General Development Plan #197
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 existing Fieldstone GDP has property is zoned R-1 and R-1X. The
25.19 acres of property being added to the GDP will be zoned R-1X.
B. The proposed lot sizes and density are compatible with the existing and
permissible future use of adjacent property.
C. Sidewalks will be located along all right of ways, mid-block pedestrian
connections are shown throughout the existing Fieldstone GDP. A
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pedestrian trail is planned along the west side of 18 Avenue SW.
The extension of Fieldstone Road SW to the north of the connector road
to the additional 25.19 acres exceeds the 800 feet in length. Under
section 64.227 of the LDM a mid-block pedestrian connection is required
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to connect Fieldstone Road SW and the north Cul-de-sac in the additional
25.19 acres.
Fieldstone is currently being served by Route 14 which stops immediately
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across 18 Avenue SW from the site, at 32 Street SW.
D. The proposed mix of housing is consistent with the Land Use Plan
designation of “low density residential.” The amended portions of the
General Development plan will accommodate single family homes on
public roadways.
E. The development identifies several accesses points from the Fieldstone
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GDP on to 18 Avenue SW, existing at Fieldstone Road SW and
proposed at Woodstone Drive SW, are consistent with the previously
approved GDP. The Existing Odyssey Drive SW provides the connection
to the south as proposed in the original Fieldstone GDP. A right turn lane
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has been constructed at the intersection of 18 Avenue SW and
Fieldstone Road SW.
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Additional right of way and/or easements will be required along 18
Avenue SW to accommodate vehicular right-turn and by-pass lanes and
pedestrian facilities.
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At the time of platting controlled access will be required along 18 Avenue
SW, except where public roads are expected.
F. The development identifies several accesses points from the Fieldstone
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GDP on to 18 Avenue SW, existing at Fieldstone Road SW and
proposed at Woodstone Drive SW, are consistent with the previously
approved GDP. The Existing Odyssey Drive SW provides the connection
to the south as proposed in the original Fieldstone GDP. A right turn lane
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has been constructed at the intersection of 18 Avenue SW and
Fieldstone Road SW.
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Additional right of way and/or easements will be required along 18
Avenue SW to accommodate vehicular right-turn and by-pass lanes and
pedestrian facilities.
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At the time of platting controlled access will be required along 18 Avenue
SW, except where public roads are expected.
A final determination on the applications conformance with LDM Section
61.520 Traffic Studies or if a waiver of this requirement is allowed under
Section 61.524 is needed prior to the council action on this item.
The following traffic information has been provided: An Analysis by
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Transportation Planning Staff evaluated the proposed General
Development Plan and determined that the average daily trip (ADT)
impact of the proposed additional development in the 25.19 acres being
added to Fieldstone Road SW is within acceptable level of ADT for the
roadway designation. The Rochester Public Works department indicated
in the referral comments that they do not object to the proposed 58 lots on
a single access.
The policies and goals found in Chapters 2 and 3 of the Rochester Urban
Service Area Land Use Plan encourages developing a range of densities
and development styles. Varied lot sizes and housing styles are still
proposed within this development, which will help further these goals.
Pedestrian facilities are required along both sides of all roads, along the
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westerly frontage of 18 Avenue SW. Construction of all mid-block
connections shown on the GDP are at the developer’s expense and
should be platted as an Outlot.
G. The applicant is proposing or has constructed with previous phases of
development, on-site ponds within the General Development Plan
boundary to handle storm water run-off from the development. Detailed
grading and drainage plans will need to be reviewed prior to
development.
H. The wetland delineations completed for the existing fieldstone
development are no longer valid for the site. A wetland delineation will be
required prior to any grading activities on the site.
The 25.19 acres being added to the Fieldstone GDP does not include any
hydric soils future phases of development may need to complete a
wetland delineation report prior to any grading activities on the site.
The development appears to propose development in locations to
minimize grading activities to achieve the proposed development
densities. Edge Support areas do not appear to be affected by the
proposed development.
Grading plan review is required to determine if the project poses any
potential impact to wetlands or Edge Support Features within the project.
The development will need to meet the provisions of 62.1105(P) if the
property requires a Substantial Land Alteration.
I. The lot, block and street layout for the development and the lot density for
residential development are consistent with the subdivision design
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standards contain in Section 64.100 and are compatible with existing and
planned development of adjacent parcels.
J. The amended GDP is bounded on the north by Institute Hills
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Development and steep topography, eastern boundary is 18 Avenue
SW, southern boundary is the Hart Farms development, the western
boundary consists of steep topography and a natural drainage way.
The amended GDP consists of 90 acres of land and consists of all lands
for which the applicant has ownership or interest.
K. The proposal is in compliance with the Comprehensive Plan and the
Complete Streets Policy of the City.
L. Specific building footprints are not identified on the Plan.
5. Based upon its recommended findings of fact, the Planning Department staff
recommended approval of amendment to the General Development Plan subject to the
following conditions:
A. All original conditions of the 2003 GDP are carried over and shall be
satisfied as necessary prior to any platting of the site.
B. Parkland Dedication Requirements for the additional 25.19 acres shall be
met via: cash in lieu of land with payment due prior to recordation of the
final plat for the area.
C. A revised General Development Plan shall be filed with the Planning
Department including the following revisions:
1. Identify the ownership of the future private open spaces by labeling
them as “Private Open Space.”
2. Provide an additional midblock connection between the extension
of Fieldstone Road SW and the north Cul-de-sac in the additional
25.19 acres being added to the Fieldstone GDP - OR - connect
the two cul-de-sacs to provide a through public road.
3. Provide connection to Open Space with midblock connection
shown extending south from Thea Lane.
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4. Label existing and proposed pedestrian facilities located along 18
Avenue SW.
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5. Show the complete existing right-of-way of 18 Avenue SW along
with the existing right-of -way for all roadway connections to the
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east of 18 Avenue SW.
6. Show the existing platted lot lines adjacent to the property,
including but not limited to the lots in Greystone, Echo Ridge, and
Hart Farms.
7. Label existing adjacent developments or ownership such as,
Institute Hills to the north, CPDC Rochester Investments to the
west, Hart Farms to the south and Echo Ridge and Greystone to
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the east across 18 Avenue SW.
D. The water main in the cul-de-sac streets must be looped and water mains
must be extended to adjacent properties per RPU requirements.
E. Execution of a City-Owner Contract and dedication of any applicable off-
site public easement is required prior to the construction of any public
infrastructure.
F. There are inadequate on and off site public facilities with regard to the
25.19 acres being added to the Fieldstone GDP. No development will be
allowed to occur in the lands being added to the Fieldstone GDP 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 Supplemental Agreement, prior to
recording the Final Plat. The Supplemental Agreement will outline the
developer's and City's obligations related, but not limited to: access, right
of way dedication, ownership and maintenance of any proposed outlots,
stormwater management (including any obligations for on or off-site
facilities), transportation improvements (including any off-site
improvements necessary to accommodate this development), and/ or,
financial obligations for improvements to existing abutting roadways,
pedestrian facilities, contributions for existing & future public
infrastructure, and the extension of public utilities to abutting properties
where applicable.
G. A wetland delineation will be required prior to the approval of any grading
activity within the Existing or Amended General Development Area.
H. A final determination on the applications conformance with LDM Section
61.520 Traffic Studies or if a waiver of this requirement is allowed under
Section 61.524 is needed prior to the council action on this item.
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6At its April 27, 2016, meeting, the Rochester Planning and Zoning Commission
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held a public hearing on this amended 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 amendment to the General
Development Plan application subject to eight conditions of approval.
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7. At the May 16 public hearing before the Common Council, the Planning
Department recommended the deletion of condition #H and the amendment of condition #B so
as to read as follows:
B. Provide an additional midblock connection between the extension of
Fieldstone Road SW and the north Cul-de-sac in the additional 25.19
acres being added to the Fieldstone GDP - OR - connect the two cul-de-
sacs to provide a through public road.
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8. At the May 16 public hearing, 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 as amended by the Planning Department
except for the revised condition #B. Applicant requested the deletion of condition #B.
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9. At the May 16 public hearing, the Council amended condition of approval #B so
as to read as follows:
B. If any block exceeds 800 feet in length, provide an additional midblock
connection between the extension of Fieldstone Road SW and the north
Cul-de-sac in the additional 25.19 acres being added to the Fieldstone
GDP - OR - connect the two cul-de-sacs to provide a through public road.
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10. At the May 16 public hearing before the Common Council, the Common Council
concurred with and adopted as its own the findings of fact and recommendation of the
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Planning and Zoning Commission as amended by the Planning Department and the Council.
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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.
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
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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.
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.
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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
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 May 16,
2016, public hearing, it is hereby determined by the Common Council of the City of Rochester that
the amendment to General Development Plan #197 complies with the requirements of §61.215,
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subd. 2 subject to the satisfaction of the seven conditions of approval as described and amended
above.
ORDER
The Common Council of the City of Rochester, pursuant to R.C.O. §61.215, subd. 2,does
hereby approve the amendment to General Development Plan #197 subject to the satisfaction of
the seven conditions of approval as described and amended above.
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\\GDP\\197 Amd
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