HomeMy WebLinkAboutFinding of Fact - GenDevelopPlan#337.ScenicOaksWest
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
___________________________________
In Re: General Development Plan Findings of Fact,
#337 (Scenic Oaks West) Conclusions of Law,
and Order
___________________________________
On October 17, 2016, the Common Council of the City of Rochester held a public hearing,
upon notice to the public, to consider the Planning and Zoning Commission's findings of the public
hearing held on September 28, 2016, in response to the application for General Development Plan
#337 (Scenic Oaks West).
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At the October 17 public hearing, all interested persons were given an opportunity to give
testimony and make presentations 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 September 28, 2016, public hearing on this application, the Planning and
Zoning Commission considered the issue of whether General Development Plan #337 satisfied
the conditions of ROCHESTER, MINN., CODE ORDINANCES §61.215 (2013).
2. R.C.O. §61.215, subd. 2, provides that a general development plan must comply
with all of the following criteria:
A. The proposed land uses are generally in accord with the adopted zoning
map. If the general development plan is being processed concurrently
with a rezoning request, the general development plan and the rezoning
request must be consistent with the comprehensive plan. If the general
development plan is being processed concurrently with an amendment to
the land use plan map and a rezoning request, the land use plan map
amendment, rezoning request and general development plan must be
consistent with the policies of the comprehensive plan. If there is
inconsistency between these documents, the means for reconciling the
differences must be addressed.
B. The proposed development, including its lot sizes, density, access and
circulation are compatible with the existing and/or permissible future use
of adjacent property.
C. On-site access and circulation design for pedestrians, bicyclists, transit
vehicles and patrons and private vehicles, and integration of these
facilities with adjacent properties will support the safe travel of persons of
all ages and abilities by minimizing vehicular, pedestrian and bicycle
conflicts through the use of appropriate traffic calming, pedestrian safety,
and other design features appropriate to the context.
D. The mix of housing is consistent with adopted Land Use and Housing
Plans.
E. The proposed plan makes provisions for planned capital improvements
and streets reflected in the City of Rochester's current 6-Year Capital
Improvement Program, adopted Thoroughfare Plan, the ROCOG Long-
Range Transportation Plan, Official Maps, and any other public facilities
plans adopted by the City. Street system improvements required to
accommodate proposed land uses and projected background traffic are
compatible with the existing uses and uses shown in the adopted Land
Use Plan for the subject and adjacent properties.
F. On and off-site public facilities are adequate, or will be adequate if the
development is phased in, to serve the properties under consideration
and will provide access to adjoining land in a manner that will allow
development of those adjoining lands in accord with this ordinance.
1. Street system adequacy must be based on the street system's ability to
safely accommodate trips from existing and planned land uses on the
existing and proposed street system without creating safety hazards,
generating auto stacking that blocks driveways or intersections, or
disrupting traffic flow on any street, as identified in the traffic impact
report, if required by Section 61.523(C). Capacity from improvements
in the first 3 years of the 6-year CIP shall be included in the
assessment of adequacy.
2. Utilities are now available to directly serve the area of the proposed
land use, or that the City of Rochester is planning for the extension of
utilities to serve the area of the proposed development and such
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utilities are in the first three years of the City's current 6-Year Capital
Improvements Program, or that other arrangements (contractual,
development agreement, performance bond, etc.) have been made to
ensure that adequate utilities will be available concurrently with
development. If needed utilities will not be available concurrent with
the proposed development, the applicant for the development approval
shall stipulate to a condition that no development will occur and no
further development permit will be issued until concurrency has been
evidenced.
3. The adequacy of other public facilities must be based on the level of
service standards in Section 64.130 and the proposed phasing plan
for development.
G. The drainage, erosion, and construction in the area can be handled
through normal engineering and construction practices, or that, at the time
of land subdivision, a more detailed investigation of these matters will be
provided to solve unusual problems that have been identified.
H. Wetlands and Edge Support Areas (as defined in Chapter 59) will be
managed consistent with Chapter 59 and, where applicable, in such a
way as to maintain the quality and quantity of groundwater recharging
lower aquifers and to protect discharge, interflow, infiltration and recharge
processes taking place; provided, however, the Council may waive this
requirement under the provisions of Chapter 59.
I. The lot, block, and street layout for all development and the lot density for
residential development are consistent with the subdivision design
standards contained in Section 64.100 and compatible with existing and
planned development of adjacent parcels.
J. If the eventual platting of the area involves approval of a Type III Land
Subdivision Permit, the proposed development must satisfy one of the
following categories of development:
1. A development bounded on all sides by arterial or higher level
streets, streams or other topographic constraints, existing
development, land already included in an approved General
Development Plan, or permanent open space that limits the
inclusion of other abutting lands;
2. A development with adequate public facilities and constituting
the entire remaining service area of a major public facility
improvement (such as a trunk sewer or water tower) that has
been identified as a project in the Capital Improvement
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Program;
3. A development that consists of at least 80 acres in land area
regardless of ownership or interest, and consists of all lands for
which the applicant has ownership or interest; or
4. A development for which a development agreement has been
executed by the owner and the city for the entire property
included in the proposed general development plan. The
development agreement must have been drafted based on the
development of the property occurring as proposed in the
general development plan.
K. The Plan is in compliance with the Comprehensive Plan, and the
Complete Streets policy of the City.
L. Where specific building footprint or layouts are identified on the Plan; the
Plan demonstrates that pedestrian access to the customer/tenant
ingress/egress locations in of the building(s), from facilities in both the
public right-of-way, and off-street parking areas that serves the use are
designed to minimize bicycle, pedestrian and vehicular conflicts.
3. R.C.O. §60.532 (5) authorizes the approving body to impose modifications or
conditions to the extent that such modifications or conditions are necessary to insure compliance
with §61.215.
4. The Planning Department staff reviewed the General Development Plan application
using the criteria found at section 61.215, subd. 2, and recommended the following findings of fact:
A. The proposed use of the property as low density residential lots for single
family detached dwellings is consistent with the Comprehensive Plan
designation as it presently applies to the northerly 80 acres. The
southerly 96 acres, also shown to be used for low density single family
lots, is not presently identified within the Rochester Urban Growth Area.
The southerly 96 acres of the GDP is presently inconsistent with the plan,
but in the near future the City has the opportunity act to add it to the
urban growth area and include it in a low density residential designation
when considering the update to the Comprehensive Plan. Since the
south 96 acres has the potential to be served by adjacent municipal
utilities and the owner has shown interest in developing the land, it
appears that adding these 96 acres to urban growth area is feasible.
Final sewer system capacity in the area will be determined by the City
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Public Works Department. The identification of the specific parcels of
land that will be included the future urban service area in this vicinity will
be a decision made at the time of comprehensive plan adoption based on
knowledge of the capacity of the planned sewer system.
B. General Development Plan #R00331GDP, with 216 lots for single family
homes, can be considered compatible with existing uses on the adjacent
properties. The density proposed for the single family detached
development is well below densities permitted by the R-1X (or R-1)
zoning district and the adjacent single family developed areas.
Access and circulation is generally compatible with the adjacent use of
single family homes. Scenic View DR SW presently has an estimated
1180 daily trips and is the road in the area which has potential to be over
used. With the appropriate phasing of home development, road
construction and upgrades the circulation and traffic compatible can be
adequately maintained.
C. The street with sidewalk connections to the neighborhood to the east and
the off street paths provide for good circulation for pedestrians, bicyclists,
transit and para transit services, school buses and other service vehicles.
The design of the general street layout and the intersections in this
proposed development support slower speeds and safer roads.
D. Developing the property with very low density development is consistent
with the Land Use Plan and Housing Plan which encourages developing a
range of densities and development styles.
E. The proposed GDP is not affected by any specific projects in the Capital
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Improvement Plan. The upgrading of 48 ST SW as it lies adjacent to this
GDP to the standard of construction found to the east is expected of this
development.
F. The street system in the area is generally adequate to accommodate the
additional trips from this very low intensity development. There are needs
to make longer term improvements to 48 ST SW in the area as this and
additional developments come forward. This development is responsible
for their fair share of those improvements. As previously noted in this
report, the dispersal of the traffic from this newly developing area should
be better balanced to avoid overtaxing Scenic View DR SW. This GDP
cannot reasonably direct new traffic to 31st AVE SW in its present
condition as a gravel road. 31st AVE SW would have to be paved before
any trips would ever consider using it as an alternative. If 31st AVE SW
is to be paved, it will be a long time in the future unless the developer
offers to assist in the paving.
It is City policy that no development will be allowed to occur until the City
Council has determined all public streets and associated infrastructure
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are adequate. Alternatively, the developer may request to join the City in
making commitments to make any inadequate public facilities adequate
for this development by entering into a development agreement prior to
beginning any development of the property. The development agreement
allows development to begin based upon assurances in the agreement
that outline the developer’s and the City’s obligations related to access,
drainage and storm water management, transportation improvements,
including off-site improvements applicable to 48 ST SW, the plan on how
to pave 31 AVE SW to make it a feasible alternative as a secondary
access, the program to fund the construction of the two off-site connecting
roads to 31 AVE SW necessary to accommodate this GDP, and
pedestrian/bicycle facilities.
Utilities (sewer and water) are generally available directly through the
extension of presently terminated facilities adjacent to the site. There are
sewer limits on the connection of the entire proposed development until
such time as a section of restricting sewer main is replaced to the east of
the development. Also a portion of the site will require a sewer lift station
to provide sewer service.
Because of these conditions of inadequacy, no development can be
allowed until the infrastructure has been made adequate. As an
alternative, the developer could ask to enter into a development
agreement with the City to spell out each parties responsibilities to insure
the development can proceed in a fashion where utilities are available
concurrently with the development. The development agreement will
outline the Owner’s and the City’s obligations related to such issues as
contributions for public infrastructure (such as SAC charges, WAC
charges, water main connection charges, Storm water Management Plan
Area (SWMPAC) charges, and the extension of public facilities to the
boundary of abutting properties will be addressed if applicable. At the
owner’s request the City staff will prepare the agreement for review and
execution to ensure adequate public facilities will be available when the
development proceeds.
The adequacy of other public facilities can be addressed by phasing or
well-crafted development agreements.
G. Grading and drainage plan approval will be required through platting.
Special attention will be given to the erodible nature of the soils found on
the site and rocky conditions in the future preparation of grading and
drainage plans. The developer will be responsible to receive approval of
the grading and Storm water Management Plan prior to development
commencing on the property. The ownership and maintenance of any
private on-site storm water quality and rate control facilities and areas
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containing jurisdictional wetlands must also be addressed in the plan
before development.
H. The property owner is responsible for identifying wetlands on the property
and can do so by completing the wetland identification process. Upon
completion of the wetland identification, the effects found in Chapter 59
on the portion of the property subject to the geologic Cummingsville
formation will be identified.
I. General Development Plan #00337GDP identifies a lot, block, and street
layout consistent with subdivision design requirements. The proposed
density of 1.23 units per acre is similar to the adjacent residentially
developed properties.
J. Scenic Oaks West #00337GDP meets this category.
L. Building footprints and lot layout have not been identified on the GDP
since there are no common or shared spaces envisioned in the
development. Additional site detail, such as pedestrian connections to the
existing adjacent public sidewalks/trails, will be reviewed at the time of a
detailed development review. Public sidewalks will be required on along
both sides of public roadways.
5. Based upon its recommended findings of fact, the Planning Department staff
recommended approval of the General Development Plan subject to the following conditions:
A. The applicant agrees there are inadequate public facilities that can be
addressed through a development agreement with the City.
B. The applicant resubmit a revised GDP before the City Council documents
that correct the four omissions noted by the staff:
1. Show the GDP map that pedestrian/bike path will be a future
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improvement along the 48 Street SW frontage.
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2. Show on the GDP that along the lots abutting 48 Street SW no
access will be allowed.
3. Show on the GDP the location of the gravity sewer connections
from the east and identify the boundary of the phase that must be
served by a future lift station.
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4. Identify on the GDP the estimated boundaries of the phases of
construction or platting of subdivisions.
6At its September 28, 2016, meeting, the Rochester Planning and Zoning
.
Commission held a public hearing on this General Development Plan, reviewed the application
according to the requirements of section 61.215, subd. 2, adopted the Planning Department’s
recommended findings of fact, and recommended approval of the General Development Plan
application subject to the above two conditions of approval.
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7. At the October 17 public hearing before the Common Council, the Applicant’s
representative appeared in support of the General Development Plan application and
indicated agreement with all of the recommended conditions of approval.
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8. At the October 17 public hearing before the Common Council, the Common
Council concurred with and adopted as its own the findings of fact and recommendation of the
Planning and Zoning Commission subject to the two conditions of approval as described
above.
CONCLUSIONS OF LAW
1. R.C.O. §61.215, subd. 2, provides that the Council shall approve a general
development plan if the following criteria are satisfied:
A. The proposed land uses are generally in accord with the adopted zoning
map. If the general development plan is being processed concurrently
with a rezoning request, the general development plan and the rezoning
request must be consistent with the comprehensive plan. If the general
development plan is being processed concurrently with an amendment to
the land use plan map and a rezoning request, the land use plan map
amendment, rezoning request and general development plan must be
consistent with the policies of the comprehensive plan. If there is
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inconsistency between these documents, the means for reconciling the
differences must be addressed.
B. The proposed development, including its lot sizes, density, access and
circulation are compatible with the existing and/or permissible future use
of adjacent property.
C. On-site access and circulation design for pedestrians, bicyclists, transit
vehicles and patrons and private vehicles, and integration of these
facilities with adjacent properties will support the safe travel of persons of
all ages and abilities by minimizing vehicular, pedestrian and bicycle
conflicts through the use of appropriate traffic calming, pedestrian safety,
and other design features appropriate to the context.
D. The mix of housing is consistent with adopted Land Use and Housing
Plans.
E. The proposed plan makes provisions for planned capital improvements
and streets reflected in the City of Rochester's current 6-Year Capital
Improvement Program, adopted Thoroughfare Plan, the ROCOG Long-
Range Transportation Plan, Official Maps, and any other public facilities
plans adopted by the City. Street system improvements required to
accommodate proposed land uses and projected background traffic are
compatible with the existing uses and uses shown in the adopted Land
Use Plan for the subject and adjacent properties.
F. On and off-site public facilities are adequate, or will be adequate if the
development is phased in, to serve the properties under consideration
and will provide access to adjoining land in a manner that will allow
development of those adjoining lands in accord with this ordinance.
1. Street system adequacy must be based on the street system's
ability to safely accommodate trips from existing and planned land
uses on the existing and proposed street system without creating
safety hazards, generating auto stacking that blocks driveways or
intersections, or disrupting traffic flow on any street, as identified in
the traffic impact report, if required by Section 61.523(C). Capacity
from improvements in the first 3 years of the 6-year CIP shall be
included in the assessment of adequacy.
2. Utilities are now available to directly serve the area of the
proposed land use, or that the City of Rochester is planning for the
extension of utilities to serve the area of the proposed development
and such utilities are in the first three years of the City's current 6-
Year Capital Improvements Program, or that other arrangements
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(contractual, development agreement, performance bond, etc.)
have been made to ensure that adequate utilities will be available
concurrently with development. If needed utilities will not be
available concurrent with the proposed development, the applicant
for the development approval shall stipulate to a condition that no
development will occur and no further development permit will be
issued until concurrency has been evidenced.
3. The adequacy of other public facilities must be based on the level
of service standards in Section 64.130 and the proposed phasing
plan for development.
G. The drainage, erosion, and construction in the area can be handled
through normal engineering and construction practices, or that, at the time
of land subdivision, a more detailed investigation of these matters will be
provided to solve unusual problems that have been identified.
H. Wetlands and Edge Support Areas (as defined in Chapter 59) will be
managed consistent with Chapter 59 and, where applicable, in such a
way as to maintain the quality and quantity of groundwater recharging
lower aquifers and to protect discharge, interflow, infiltration and recharge
processes taking place; provided, however, the Council may waive this
requirement under the provisions of Chapter 59.
I. The lot, block, and street layout for all development and the lot density for
residential development are consistent with the subdivision design
standards contained in Section 64.100 and compatible with existing and
planned development of adjacent parcels.
J. If the eventual platting of the area involves approval of a Type III Land
Subdivision Permit, the proposed development must satisfy one of the
following categories of development:
1. A development bounded on all sides by arterial or higher level
streets, streams or other topographic constraints, existing
development, land already included in an approved General
Development Plan, or permanent open space that limits the
inclusion of other abutting lands;
2. A development with adequate public facilities and constituting
the entire remaining service area of a major public facility
improvement (such as a trunk sewer or water tower) that has
been identified as a project in the Capital Improvement
Program;
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3. A development that consists of at least 80 acres in land area
regardless of ownership or interest, and consists of all lands for
which the applicant has ownership or interest; or
4. A development for which a development agreement has been
executed by the owner and the city for the entire property
included in the proposed general development plan. The
development agreement must have been drafted based on the
development of the property occurring as proposed in the
general development plan.
K. The Plan is in compliance with the Comprehensive Plan, and the
Complete Streets policy of the City.
L. Where specific building footprint or layouts are identified on the Plan; the
Plan demonstrates that pedestrian access to the customer/tenant
ingress/egress locations in of the building(s), from facilities in both the
public right-of-way, and off-street parking areas that serves the use are
designed to minimize bicycle, pedestrian and vehicular conflicts.
2. R.C.O. §60.532 (5) authorizes the Council to impose conditions on its approval of a
general development plan.
3. By a substantial amount of the evidence and testimony presented at the October 17,
2016, public hearing, it is hereby determined by the Common Council of the City of Rochester that
General Development Plan #337 complies with the requirements of §61.215, subd. 2 subject to the
satisfaction of the two conditions of approval described above.
ORDER
The Common Council of the City of Rochester, pursuant to R.C.O. §61.215, subd. 2,does
hereby approve General Development Plan #337 subject to the satisfaction of the two conditions
of approval described above.
Dated at Rochester, Minnesota this _____ day of October, 2016.
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____________________________________
Randy Staver
President of the Rochester Common Council
Approved at Rochester, Minnesota this _____ day of October, 2016.
______________________________
Ardell F. Brede
Mayor of the City of Rochester
FOF.Zone15\\GDP\\337
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