HomeMy WebLinkAboutFinding of Fact LUP #R2016-005 and Zoning District Amend. #R2016-004 BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
In Re: Land Use Plan Amendment#R2016-005 Findings of Fact,
and Zoning District Amendment#R2016-004 Conclusions of Law,
and Order
On August 1, 2016, and August 15, 2016, the Common Council of the City of Rochester
conducted a public hearing, with notice to the public, to hear the application of Sterling Real Estate
Trust ("Applicant") to consider an amendment to the land use plan designation for property located
on five separate properties west of Commercial Drive S.W., and north of 48th Street S.W. ("Site").
The Applicant seeks to change approximately 18.8 acres of land on the Site from the "Commercial"
designation to the "Medium Density Residential" designation. The Applicant also seeks a zoning
district change for approximately 18.8 acres of land on the Site from the M-1 Zoning District (Mixed
Commercial Industrial) to the R-3 Zoning District (Medium Density Residential).
At the August 1St and 15th public hearings, all interested persons were given an opportunity
to give testimony and make presentations concerning the application. During the August 1St and
15th public hearings, the Council received into the record and considered those materials included
as part of the Council agenda packet. All documents are on file with the City Clerk.
Following the public hearing, the Council considered and discussed the entire matter.
Based upon all of the testimony and evidence presented at the August 1St and 15th public hearings,
the Council made the following findings of fact, conclusions of law, and order.
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FINDINGS OF FACT
1. The Site is located west of Commercial Drive S.W., and north of 48th Street S.W.,
and consists of 18.8 acres on five separate properties identified as Lots 1, 2, 3, 4, and 5, Block 2,
of the West Eighty Development Subdivision.
2. The Applicant has proposed to change the land use designation on the Site from
"Commercial" to "Medium Density Residential" along with re-zoning the Site from the M-1
Mixed Commercial Industrial Zoning District to the R-3 Medium Density Residential Zoning
District. The General Development Plan identifies the property being developed with a multi-
family residential use from a two-story building with 24.23 units per acre or more up to a
bonus Type III development up to 43.56 units per acre.
3. The property is currently vacant. Properties across Commercial Drive SW to the
east are developed with a mix of commercial uses, including convenience retail (gas station),
fast food (McDonald's) and auto-repair type businesses. The parcel directly to the north (and
adjacent to the subject site) has been approved for a Jiffy Lube. The Jiffy Lube parcel would
have a shared access with the multi-family development.
4. To the north of the Site, there is vacant land zoned M-1. To the east of the Site,
there is land within an approved general development plan identifying uses compatible with
the M-1 zoning district. To the south of the Site, there is 48th Street S.W. Across 48th Street
SW are B-4 General Commercial zoned properties, Willow Creek and a park. The park is
zoned R-1 Mixed Single Family District. The B-4 zoned properties are undeveloped, except for
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an uncompleted parking area. To the west of the site, there is a hill that slopes down to Willow
Creek. This property to the west of the subject site is owned by the public and appears largely
undevelopable, due to Willow Creek, flood plain and soil types. This property is zoned R-2,
but it is largely undevelopable land and owned by MnDOT.
5. The Site has access from Commercial Dr SW; the GDP identifies four existing
access points. Commercial Dr SW is designated as a Primary Urban Collector on the ROCOG
2040 Transportation Plan, Functional Designation Map Rochester Urban Area Road System,
and 48th Street SW is designated as a Strategic Urban Arterial. From 48th Street S.W., the
Site has immediate access to Highway 63
6. A grading and drainage plan will need to be approved as part of the site
development process.
7. Hydric soils exist on the site according to the Soil Survey. The property owner is
responsible for identifying wetlands on the property and submitting the information as part of
this application.
8. Shoreland exists on the Site but has not yet been identified in the accompanying
general development plan.
Land Use Plan Amendment
9. The Land Use Map reflects the policies and goals of the Land Use Plan.
10. Chapter II, Policies and Recommendations, of the Future Land Use Plan for the
Rochester Urban Service Area recommends 21 Growth Guidelines of which ten are part of the
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Recommended Growth Pattern which constitute the general policy basis of the Plan. The
applicable guidelines are as follows:
A. Growth should occur in conjunction with community services and facilities
and existing growth centers and should be exemplified by the illustration of
the Multiple Growth Center Concept.
B. All municipal service areas should be well defined and developed to
accommodate and encourage new development.
C. Medium and high-density housing should be developed in close proximity
to commercial, industrial, and institutional centers and public facilities and
services.
D. Industrial development should be concentrated in industrial parks and should
be permitted only in existing or planned public facility service areas.
E. Commercial development should be concentrated in growth centers, with
regional, community and neighborhood shopping facilities provided in the
Rochester area and community commercial activities in the smaller growth
centers.
F. Strip commercial development should be prohibited. Commercial
development should be concentrated in clusters.
G. Where possible, growth patterns should be structured so as not to interfere
with residential neighborhoods, prime agricultural land, and significant
environmental areas. Prime agricultural land should be preserved.
H. Nonprime agricultural land and environmental areas located beyond
designated growth areas should be retained for agricultural or open space
uses where possible.
I. Residential development occurring in agricultural areas should be of very
low-density, should be prohibited from locating in areas with existing uses
(such as feedlots) which are incompatible with residential uses, should be
located in close proximity to urban service areas, and on nonprime
agricultural land where possible.
J. Preserve land, which has a unique recreational, geological, or
environmental significance.
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11. Chapter III of the Land Use Plan states, in part, that before land is desirable for
medium density residential and commercial uses, it must exhibit a number of important features
including those expressed in the following location criteria found in Chapter II:
A. The plan designations have been made based not only on locational
factors but also on projected demand for various uses. Thus, a site that
may be suitable for either a commercial or a residential use may be
designated on the plan for residential purposes based on projected land
area needs. Within limits of projected needs (with allowances made for
an excess of land supply over demand for each use designation), only the
best sites have been identified for uses with greater intensity of use than
low-density residential use.
B. An important goal of the Land Use Plan is to accommodate and
encourage mixed density and mixed use development. While the
locational criteria indicate suitability for the predominant use and the level
of intensity of use in an area, it is not intended to designate areas
exclusively for the uses indicated.
C. The Plan reflects the broad assumption that all of the urban service area
is developable and can be put to reasonable private use. At the scale of
specific parcels examined through detailed general development plans,
some areas have limitations of terrain and other site constraints that make
them unsuited for conventional development. In such cases, the Plan
designation does not imply a right to develop in a conventional manner,
but instead to realize a reasonable overall use sensitive to site
constraints. Eventual use of sites with steep slopes, wetlands and other
site constraints may include clusters of uses on readily developable parts
of the site with sensitive areas left as public or private open space.
D. The locational criteria for all the use designations reflect considerations of
access, traffic characteristics, and road characteristics; other public
infrastructure; proximity to other uses (especially those that can be
nuisances for residential uses); and terrain. Due to their reliance on high
capacity streets capable of handling large volumes of traffic and heavy
commercial vehicles, the application of locational criteria for industrial use
should be heavily weighted toward those criteria applying to the
transportation system. Consistent with the overall intent of the Plan, other
locational criteria for industrial uses should be evaluated as desirable but
not essential site characteristics.
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12. The Planning Department staff applied the Rochester Urban Service Area
Land Use Plan's "Medium Density Residential" location criteria in processing
that part of this application seeking to change the land use designation of
18.8 acres of the Site to the "Medium Density Residential" designation.
Those criteria are:
A. Having level to fairly rolling terrain, outside flood prone or poorly drained
areas with steep slopes.
B. In close proximity to commercial area, employment centers, recreation areas
or other facilities that serve smaller households.
C. Having good access by means of collector, arterial and expressway and
transit systems to employment centers, commercial areas and community
facilities.
D. Buffered from the adverse influences of commercial, industrial and other
incompatible activities.
13. The Planning Department staff report, dated June 16, 2016, applied the above
criteria to the Site and suggested the following findings of fact:
A. The site is fairly level terrain and is outside flood prone areas. The area is
delimited by steep slopes on the north and west sides. Portions of the site
are within the Shoreland District; those portions are those on the west
side nearest Willow Creek.
B. The site has proximity by vehicle to Shoppes on Maine, located across
Hwy 63 S to the east. The site has proximity to a park, located south and
west of the subject site along 48th Street SW, approximately 1,300-1,400
feet from the site by foot.
The site is isolated from services and facilities households require. The
nearest transit stop is approximately 3,100 feet away to the east, near
Target South. By foot, the nearest commercial and employment center is
also Shoppes on Maine, over half a mile away and a pedestrian or family
would have to cross an on-ramp and off-ramp connected to a strategic
urban arterial.
No schools are within walking distance of the site. No community centers
are within walking distance. The site is isolated and a neighborhood does
not exist at this location. Given topography of the site, a neighborhood will
not develop in this location, as the site is physically cut off from north and
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west properties. The site is cutoff from the south by 48th Street SW and to
the east are existing commercial uses.
C. The Site has immediate access to 48th Street S.W., a strategic urban arterial,
and to Highway 63.
The site has poor access to transit systems; the nearest transit location is
pproximately 3,100 feet away, and a pedestrian would have to cross an
onramp and off-ramp connected to an arterial to reach it.
D. The site is not buffered from adverse influences of incompatible activities.
The site is located in what is currently a commercial area. Several uses
are located immediately across the road from the proposed site that are
open 24 hours, with 24-hour exterior lighting and noise and traffic
generated from 24-hour customers. Specifically, there is a McDonalds
and a Kwik Trip convenience retail (gas station) located immediately
across the street of the proposed site. The Kwik Trip also serves as a
semi-truck stop and has truck parking located behind the store.
There is a Discount Tire store located across the street from the site,
open until 6 pm on weekdays and 8 am — 5 pm on Saturday. There is a
Jiffy Lube proposed for Lot 6, Block 2, on the same side as the proposed
site (use is approved and construction is underway). These uses are
auto-related and have Exterior Lighting Standard D and unregulated
hours of operation within the M-1. In addition, they are allowed 70%
outdoor storage area use. These existing and proposed commercial uses
are not compatible with multi-family use.
14. The Planning Department staffs June 16th report also made the following statement:
In addition to the above findings, the site is not adjacent to any existing
medium density zoning or land use plan designated area. Any multi-family
development of this site would be isolated from a neighborhood — no
neighborhood exists at this location, and this area has been developed as
a commercial area. As the site is physically cutoff from other developable
land, it is unlikely a neighborhood would ever be constructed in this area.
If multi-family was established, it would be isolated from any other
neighborhood or residential locations. This is not an appropriate location
to develop multi-family residential.
15. Based upon the recommended findings of fact as found in the June 16, 2016, staff
report, the Planning Department staff recommended denial of the Land Use Plan Amendment.
16. On July 13, 2016, the Planning and Zoning Commission held a public hearing to
review the proposed land use plan amendment. The Commission recommended the denial of
Land Use Plan Amendment #R2016-005LUPA based upon the Planning Department's
recommended findings of fact.
17. At the August 15th public hearing, the Applicant's representative appeared and
submitted the following recommended findings of fact:
A. The site is fairly level and is outside flood prone areas. The area is
delimited by steep slopes on the north and west sides. Portions of
the site on the west side nearest Willow Creek are within the
Shoreland District.
B. The site has proximity to Shoppes on Maine, located across
Highway 63 South to the east, which includes commercial and
employment centers and services and facilities smaller households
require. The site has proximity to a park, located south and west of
the site along 48th Street SW.
C. The site has immediate access to 48th Street SW, a strategic
arterial, and to Highway 63 South. The site has access to a transit
stop near Target South.
D. There is a McDonalds, a Kwik Trip convenience store, and a
Discount Tire Store located across Commercial Drive SW from the
site. The site is buffered from the adverse influences of such
commercial uses by Commercial Drive SW itself. Additional
buffering from the adverse influences of such commercial uses can
be provided within the site by orientation of residential units on the
opposite side of the site and by placement of garages, a
recreational center and other amenities on the easterly portion of
the site.
There is a Jiffy Lube proposed north of the site. The site is
buffered from the adverse influences of such commercial use by a
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berm.
Zoning District Amendment
18. Rochester Code of Ordinances (RCO) §60.338 provides that the Council shall
approve a petition to amend the zoning map or the text of the zoning ordinance if the amendment
satisfies one of the following criteria:
A. The area, as presently zoned, is inconsistent with the policies and
goals of the Comprehensive Plan;
B. The area was originally zoned erroneously due to a technical or
administrative error;
C. While both the present and proposed zoning districts are consistent
with the Plan, the proposed district better furthers the policies and
goals of the Comprehensive Plan as found in Chapters 2 and 3 of the
Rochester Urban Service Area Land Use Plan, Chapter 3 of the
Housing Plan, and Chapter 10 of the ROCOG Long Range
Transportation Plan; or
D. The area has changed or is changing to such a degree that it is in the
public interest to rezone so as to encourage development or
redevelopment of the area.
19. R.C.O. §60.338 also provides that the Council shall approve a petition to amend the
zoning map or the text of the zoning ordinance if the amendment satisfies all of the following
criteria:
A. the permitted uses allowed within the proposed zoning district will be
appropriate on the subject property and compatible with adjacent
properties and the neighborhood; and
B. the proposed amendment does not involve spot zoning. (Spot Zoning
involves the classification of a single lot or several small lots to a
district which is different than that assigned to surrounding properties,
for reasons inconsistent with the purposes set forth in this ordinance,
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the state enabling legislation, or the decisions of courts in this state.)
20. The Planning Department staff report, dated June 16, 2016, suggested the following
findings of fact concerning the proposed R-3 rezoning:
A. Staff recommends that none of the above findings can be made
warranting approval of a zoning map amendment to R-3 Medium
Density Residential. If the land use plan map amendment is
denied, R-3 is not consistent with Commercial Land Use Plan
designation.
B. The uses permitted within the M-1 Mixed Commercial-Industrial
District are not compatible with the subject property and R-3
permitted uses, including multi-family.
C. The proposed zoning does not involve spot zoning. The properties
being zoned are large in size, approximately 18.5 acres total, and
therefore, not a single or several small lots. However, there is no
existing R-3 or Medium Density zoning or land use plan
designation adjacent to the proposed properties.
21. Based upon the recommended findings of fact as found in the June 16, 2016, staff
report, the Planning Department staff recommended denial of this zone change request.
22. On July 13, 2016, the Planning and Zoning Commission held a public hearing to
review the proposed rezoning request. The Commission recommended the denial of Zoning
District Amendment#R2016-004zc based upon the Planning Department's recommended findings
of fact.
23. At the August 15th public hearing before the Common Council, the Applicant's
representative appeared and submitted the following recommended findings of fact:
A. The general area on both sides of Highway 63 South between 40th
Street SW and 48th Street SW began to be developed in the early
2000s. Initially, there was significant commercial development on
the east side of Highway 63 South in the Shoppes on Maine area.
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There was more limited commercial development on the west side
of Highway 63. Since the "great recession of 2008", commercial
development in the area has stagnated. The present owner of the
site and its predecessor have been trying to attract commercial
development of the site for at least 12 years, without success.
Since the end of the recession, the market has shifted from
commercial uses to medium density residential uses as evidenced
by three medium density developments of similar size on the east
side of Highway 63 South: The Boulders, The Preserve and Maine
Heights.
B. There are areas zoned R-1 and R-2 to the west and south of the
site. Development of the site for medium density residential uses
will serve as an appropriate transition from the M-1 district on the
east of the site to the R-1 and R-2 districts on the west of the site.
C. The requested zoning does not constitute spot zoning.
CONCLUSIONS OF LAW
1. This matter is properly before the Common Council pursuant to Minn. Stat.
§462.355, subdivisions 2 and 3, and §462.356.
2. By the greater weight of evidence and testimony presented at the hearings, the
Common Council of the City of Rochester hereby determines that the Applicant's proposed
findings of fact are persuasive. The Council adopts the Applicant's proposed findings of fact as its
own.
3. By the greater weight of the evidence and testimony presented at the hearings, the
Common Council of the City of Rochester determines that the Land Use Plan and Land Use Map
should be amended, upon consideration of the goals, objectives, strategies and policies of the
current Urban Service Area Land Use Plan. The proposed Land Use Plan amendment is
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consistent with the existing Land Use Plan.
4. By the greater weight of the evidence and testimony presented at the hearings, the
Common Council of the City of Rochester hereby determines that the Applicant has satisfied the
criteria at R.C.O. §60.338 for a zoning district change for the Site to the R-3 Zoning District. The
proposed zone change would be consistent with the current land use plan, as amended, for the
Site.
ORDER
The Common Council of the City of Rochester, pursuant to Minn. Stat. §462.355,
subdivisions 2 and 3, does hereby order that the Applicant's request for an amendment to the
Land Use Plan so as to amend the Site's current land use designation of"Commercial" to "Medium
Density Residential" (Land Use Plan Amendment#R2016-005LUPA) be in all things approved.
The Council does also hereby order that the Applicant's request for a zoning district change
for an amendment to the zoning district designation for the Site from the M-1 Zoning District
designation to the R-3 Zoning District (Zoning District Amendment#R2016-004ZC) be in all things
approved.
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Dated at Rochester, Minnesota this day of August, 2016.
Randy Staver, President
City of Rochester Common Council
Approved at Rochester, Minnesota this day of August, 2016.
Ardell F. Brede
Mayor of the City of Rochester
Fof.Zone15/LU P.ZON E.10
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