HomeMy WebLinkAboutFinding of Fact - FieldstoneFifthSubdivision.LandSubdPermitR2016-12
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
________________________________________
In Re: Land Subdivision Permit #R2016-012 Findings of Fact,
Fieldstone Fifth Subdivision Conclusions of Law
And Order
________________________________________
On June 6, 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 May 11, 2016, in response to Land Subdivision Permit (Preliminary
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Plat) #R2016-012. At the June 6 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) #R2016-012 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. §§60.148, 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 #R2016-012 satisfied the requirements of R.C.O. §61.225 if the following
conditions are imposed:
A. A Revised Preliminary Plat shall be filed with the Planning
Department which conforms to Land Development Manual
Informational Supplement, Appendix B, G) Land Subdivision
Permits.
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B. There is an existing recent Development Agreement and
Supplemental Agreements for portions of this property. To
address the adequacy of on and off site public facilities, related to
the entire property, execution of a Supplemental Agreement would
be beneficial to the Owner and City. No development will be
allowed to occur within the lands not currently covered by a
Development Agreement 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
Development Agreement, prior to recording the Final Plat for the
property. 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.
C. The status of the Grading and Stormwater Management Plan shall
be approved, or approved with conditions, prior to submitting the
Final Plat. Submittal of the Final Plat prior to final Grading and
Stormwater Management Plan approval or approval with
conditions requires authorization from the City Engineer.
D. 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.
E. Preliminary Construction plans will be reviewed and comments will
be provided separately to the consulting engineer. Applicant will
comply with the comments.
F. Public Works related development charges applicable to this
project will be addressed in the Supplemental Development
Agreement and / or City-Owner Contract, and shall be paid
consistent with the terms of the Agreement / Contract.
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G. A utility easement is required over Outlot A. After the final review,
by the Rochester Public Works Department, of the grading and
construction plans a drainage easement may be required on
Outlot A.
H. A Wetland Delineation Report is required prior to the approval of
any grading activities on the site.
I. A revised roadway layout or pedestrian connection between
Fieldstone Road SW and Yellow Rose Lane SW is needed to
conform to Section 64.227 of the LDM which requires a pedestrian
connection when a block exceeds 800 feet in length.
J. Park Dedication requirements shall be met via: cash in lieu of land
with payment due prior to recordation of the Final Plat.
K. 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.
L. Preliminary Construction plans shall be submitted for review by
Rochester Public Utilities. The developer shall revise the
proposed water system layout, per Rochester Public Utilities
requirements.
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M. The Street identified as 33 Street SW shall be revised to be a
non-numbered street name identified as (Selected Name) Street
SW. The applicant must obtain approval from the Planning
Department GIS Division for street name designation and
addressing prior to recordation of the final plat.
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5. At the June 6 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
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approval, and recommendation proposed by the Planning and Zoning Commission.
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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;
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
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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;
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. §§60.148, 61.226 authorizes the Council to impose conditions on its
approval of a development permit.
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3. By a substantial amount of the evidence and testimony presented at the June 6,
2016, hearing, it is hereby determined by the Common Council of the City of Rochester that Land
Subdivision Permit #R2016-012 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) #R2016-012 subject to the 13
conditions of approval recommended by the Planning and Zoning Commission.
Dated at Rochester, Minnesota this _____ day of June, 2016.
________________________________
Randy Staver
President of the Rochester Common Council
Approved at Rochester, Minnesota this _____ day of June, 2016.
______________________________
Ardell F. Brede
Mayor of the City of Rochester
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