HomeMy WebLinkAboutFinding of Fact - FalconHeightsofRochester.LandSubdivisionPermit.R2016-019
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
________________________________________
In Re: Land Subdivision Permit #R2016-019 Findings of Fact,
Falcon Heights of Rochester Conclusions of Law
And Order
________________________________________
On July 18, 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 22, 2016, in response to Land Subdivision Permit (Preliminary
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Plat) #R2016-019. At the July 18 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) #R2016-019 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. Prior to the scheduling the Preliminary Plat for City Council, the
applicant shall submit preliminary plan of sanitary and storm water
sewer facilities, with grades, pipe sizes and cross-sectional areas
indicated, and water main location and sizes and cross-sectional
areas (profiles.
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B. There is an existing Development Agreement and two
Supplemental Agreements applicable to the Valley Side
Development. Certain terms and obligations have not been met,
and the current proposal varies from the development planned at
the time the existing Agreement and Supplemental Agreements
were executed. If GDP and Special District elements are approved
that are inconsistent with the current Valley Side agreements, the
Owner and City, shall execute a Supplemental Agreement to
address any inconsistencies, prior to recording a Final Plat and
prior to obtaining Site Development Plan approval for the
proposed development in the event there is no replat.
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 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 approval.
Ownership and Maintenance of the proposed on-site private storm
water management facilities shall be addressed by Agreement
with the City, prior to recording the Final Plat. It appears that the
proximity of certain improvements to the south Property line will
require off-site temporary grading easements. Prior to or
concurrent with Final Plat approval, the applicant should
demonstrate that they have easements in place, or that they can
construct all on-site improvements without grading off-site.
D. The applicant is financially obligated for the cost to improve
Eastwood Rd SE from 40th Ave SE to and including the proposed
public cul-de-sac bulb at the southwest corner of the Property.
These improvements shall be completed concurrent with
development of the Property and through a City-Owner Contract.
E. Since Eastwood Rd SE is no longer planned to extend easterly
across this Property as a public road, a public turn-around is
needed at the southerly extend of Hawthorne Court SE which shall
be constructed as part of the City-Owner Contract public
improvements for Falcon Heights of Rochester. The applicant will
be required to obtain any applicable off-site easements for grading
unless the design demonstrates that the turn-around can be
constructed without grading off-site.
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F. This development is conditioned on Council approval of the
proposed vacation for portions of the Red Hawk Dr SE & Falcon
Rd SE rights-of-way. There are existing public utilities within Red
Hawk Dr SE & Falcon Rd SE. The developer will be obligated to
plat public easements to accommodate the existing public utilities
such that a public easement extends at least 10 ft from the
centerline of all public utilities.
G. The developer is obligated to dedicate all applicable public
easement for new infrastructure that is needed for this
development. Said dedication shall be via the plat where
applicable, and via separate document if exact alignments are not
known at the time of Final Plat.
H. Public Works support for the proposed street realignment within
the easterly and southerly portion of the proposed development is
contingent on the Owner reaching an agreement with the City
Parks Department regarding maintenance of pedestrian facilities
(including snow removal) along the public road frontages of the
proposed park land, as well as, maintenance of the proposed
storm water pond feature within the proposed pond parcel.
Pedestrian Facilities are required along both frontages of all
public streets within/abutting this development. In addition, all
driveways shall be constructed as standard “Type A” approaches
with a sidewalk section. It is unclear if these criteria were
proposed to be met from the details shown on the GDP.
I. Execution of a City-Owner Contract, and dedication of any
applicable public easements (not shown on the plat) is required
prior for any new / additional public infrastructure needed to serve
this development. Public sidewalk along the frontages of the
proposed parkland shall be constructed at the developer’s
expense and the work include in the Contract. Preliminary
Construction Plan comments will be provided separately to the
applicant’s consulting engineer.
J. There are certain development charge obligations contained in the
Second Supplemental Agreement that are due at the present time
(with or without this project moving forward). An invoice for these
obligations will be sent shortly and payment is due consistent with
the terms of the agreement.
K. One additional fire hydrant in the NW corner of the development,
between the two ‘E’ buildings, shall be added for property water
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supply for emergency fire operations on the back side (west) of
those buildings.
L. Any stormwater facilities shall be required to have a drainage
easement.
M. The water main must be run through the areas outside of the
public streets in such a way as to provide adequate looping of the
system for fire protection and water quality and water mains must
be extended to adjacent properties per RPU requirements.
N. The 40-acre development shall be limited to 1,200 average daily
trips until the proposed secondary access is provided.
O. Dedication of a 10 foot wide platted public utility easements are
required along the frontages of all public streets.
P. The Park and Recreation Department recommends that dedication
requirements be met via: combination of land and cash with land
dedication and payment due prior to recordation of the final plat.
Land dedication to be the 2.81 acre lot shown on the GDP.
Q. The ‘HAWTHORN COURT’ street name must be renamed. The
applicant shall resolve the naming issue with the GIS Division
prior to Final Plat submittal.
R. R2016-002VAC shall be approved and the resolution recorded
concurrently with the Final Plat for Falcon Heights of Rochester.
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5. At the July 18 public hearing, the Planning Department recommended the
deletion of condition #A as it has already been satisfied.
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6. At the July 18 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.
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;
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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
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.
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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 July 18,
2016, hearing, it is hereby determined by the Common Council of the City of Rochester that Land
Subdivision Permit #R2016-019 complies with the requirements of R.C.O. §61.225, subd. 2, if the
Applicant satisfies the 17 conditions of approval recommended by the Planning and Zoning
Commission as amended by the Planning Department (conditions #B - #R).
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) #R2016-019 subject to the 17
conditions of approval recommended by the Planning and Zoning Commission as amended by
the Planning Department (conditions #B - #R).
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
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