HomeMy WebLinkAboutFinding of Fact - HunterValleyEstates.LandSubPermit.R2016-016
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
________________________________________
In Re: Land Subdivision Permit #R2016-016 Findings of Fact,
Hunter Valley Estates Conclusions of Law
And Order
________________________________________
On July 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 June 8, 2016, in response to Land Subdivision Permit (Preliminary Plat)
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#R2016-016. At the July 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) #R2016-016 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 #R2016-016 satisfied the requirements of R.C.O. §61.225 if the following
conditions are imposed:
A. The Flood study must be complete and accepted by the city and
changes made to the preliminary plat prior to scheduling the City
Council hearing.
B. The status of the Grading and Stormwater Management Plan shall
be approved, or approved with conditions, prior to submitting the
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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. Payment
of any applicable Storm Water Management Plan Area Charge
(SWMPAC) is due concurrent with Grading Plan approvals.
C. Outlot B if intended for a future road connection should meet
spacing requirements from intersections as required by the Land
Development Manual.
D. For Georgetowne Dr NW to be utilized for this development, the
dedication of a public right-of-way easement (or dedication in the
fee to the City) is required over/for Outlot A, Georgetowne Homes
Second Subdivision.
E. An access permit and agreement from County and City Public
Works must be obtained prior to any access or other construction
activity within any city or county right-of-way.
F. Dedication of access control is required to the satisfaction of the
County and City Public Works Departments.
G. Dedication requirements of park land must be met either by cash
in lieu or dedication of land prior to recordation of the final plat.
H. 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.
I. 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.
J. The southern portion of the property must have an up to date
wetland delineation completed prior to final plat approval.
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K. 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
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 recording a Final Plat for the
property (or final development approval if there is no plat) that
outlines the developer's and City's obligations related, but not
limited to: access control, right-of-way dedication, and access to
abutting property, 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, limitations
to traffic generated by the proposed development and the
extension of public utilities to abutting properties where
applicable.
L. Prior to final plat submittal the flood study incorporating final
grading details on site grading plan and hydraulic models that
shows no net increase in the 100-year water surface profile at any
location from existing conditions must be accepted by city public
works staff.
M. The final plat should reflect outcomes of the final flood study.
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5. At the July 6 public hearing, the Planning Department recommended the
deletion of conditions #A and #H.
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6. At the July 6 public hearing, the Applicant’s representative agreed with the above
conditions as recommended by the Planning and Zoning Commission and as amended by the
Planning Department.
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 and as
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amended by the Planning Department.
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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. §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 July 6,
2016, hearing, it is hereby determined by the Common Council of the City of Rochester that Land
Subdivision Permit #R2016-016 complies with the requirements of R.C.O. §61.225, subd. 2, if the
Applicant satisfies the 11 conditions of approval recommended by the Planning and Zoning
Commission and amended by the Planning Department (conditions #B - #G, #I - #M).
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) #R2016-016 subject to the 11
conditions of approval recommended by the Planning and Zoning Commission (conditions #B -
#G, #I - #M).
Dated at Rochester, Minnesota this _____ day of July, 2016.
________________________________
Randy Staver
President of the Rochester Common Council
Approved at Rochester, Minnesota this _____ day of July, 2016.
______________________________
Ardell F. Brede
Mayor of the City of Rochester
Fof.Zone15\\LandSub\\1616
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