HomeMy WebLinkAboutFinding of Fact - WestCircleCommercial.LandSubPermit.R2016-013
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
________________________________________
In Re: Land Subdivision Permit #R2016-013 Findings of Fact,
West Circle Commercial Conclusions of Law
And Order
________________________________________
On June 20, 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 25, 2016, in response to Land Subdivision Permit (Preliminary
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Plat) #R2016-013. At the June 20 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) #R2016-013 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 #R2016-013 satisfied the requirements of R.C.O. §61.225 if the following
conditions are imposed:
A. There are inadequate on and off site public facilities, specifically
Public Roadways, 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
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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 &
future public infrastructure, and the extension of public utilities to
abutting properties where applicable.
B. Outlot A is intended to be dedicated to the City in the future, as a
stormwater facility, and the terms of the conveyance will be
addressed in the Development Agreement.
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. Preliminary Construction plans will be reviewed and comments will
be provided separately to the consulting engineer. Applicant will
comply with the comments.
E. Execution of a City-Owner Contract, and dedication of any
applicable on and off-site public easements is required prior to
construction of any public infrastructure for this development.
F. Any required access control along the frontages of new streets
within the development, and along perimeter roadways will be
addressed in the Development Agreement and shall be shown on
the Final Plat.
G. A private driveway access from Badger Hills Drive NW between
Lots 1 & 4, Block 2, is acceptable and may be allowed to serve
lots in addition to Lots 1 & 4, provided there is not a connection of
this private access to Thomas Drive NW. A public roadway
connection at this location will not be allowed.
H. Developer shall dedicate a Pedestrian Facilities and ROW
Maintenance Easement along West Circle Drive NW and
Valleyhigh Road NW to facilitate the future construction of
pedestrian facilities along the frontages of the property. The
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Developer is obligated to construct or pay for the construction of
pedestrian facilities along the entire frontage of West Circle Drive
NW and Valleyhigh Road NW and the terms for the Developer’s
obligations will be addressed in the Development Agreement.
Pedestrian Facility Easements need to be recorded prior to
recording the final plat and then shown on the plat with the
document number.
I. Charges / Obligation applicable to the development will be
addressed in the City-Owner Contract, and Development
Agreement, or at the time of Building Permit issuance.
J. The developer shall revise the proposed water system layout, per
Rochester Public Utilities requirements.
K. The developer shall provide water service and fire protection to
Lot 1 / Block 2, preliminary plans do not provide for this area. A
looped water system must be provide to Lot 1 / Block 2 from
Thomas Drive NW to either Badger Hills Drive NW or Superior
Drive NW.
L. The developer shall install an 8” water main stub to Lot 1 Block 2
Badger Hills subdivision at the south end of the water main system
extension along Superior Drive NW.
M. The applicant shall complete all needed Wetland Replacement
Plan activities for the site as required by LGU, prior to recording
the Final Plat.
N. The existing access from West Circle Drive NW (CSAH 22), all
physical material and culvert if present, shall be removed.
O. 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 35 feet.
P. The applicant must obtain approval from the Planning Department
GIS Division for street name designation and addressing prior to
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recordation of the final plat. The following roadways identified in
the preliminary plat need to be revised:
(1) Thomas Drive NW needs to have a new name for the
roadway segment and this roadway does not meet the
standards for designation as a Drive.
(2) Sarah Drive NW. This roadway designation does not meet
the standards for designation as a drive. Please consider
using Sarah Road or Sarah Place as alternatives.
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5. At the June 20 public hearing, the Council deleted condition #O.
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6. At the June 20 public hearing, Applicant’s representative agreed with the above
conditions as recommended by the Planning and Zoning Commission, and as amended by the
Council except for that portion of condition #H that related to Valleyhigh Drive NW.
7. 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, except for
condition #O.
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;
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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
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;
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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. §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 June 20,
2016, hearing, it is hereby determined by the Common Council of the City of Rochester that Land
Subdivision Permit #R2016-013 complies with the requirements of R.C.O. §61.225, subd. 2, if the
Applicant satisfies the 15 conditions of approval recommended by the Planning and Zoning
Commission (conditions of approval #A - #N, #P).
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) #R2016-013 subject to the 15
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conditions of approval recommended by the Planning and Zoning Commission (conditions of
approval #A - #N, #P).
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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