HomeMy WebLinkAboutFinding of Fact - GenDevelopPlan#343.MontgomeryMeadows
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
___________________________________
In Re: General Development Plan Findings of Fact,
#343 (Montgomery Meadows) 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
#343 (Montgomery Meadows Subdivision).
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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 #343 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. This proposal is located outside of the City of Rochester in a Low Density
Residential land use designation. The proposed development will seek
approval by Kalmar Township for Special District zoning to permit a mixed
use development including single-family residential lots, the existing pet
services commercial use, and the inclusion of horses into these uses.
The site is part of an orderly annexation agreement between Kalmar
Township and the City of Rochester approved in 2003 and amended in
2016. When annexation of the site occurs, this site will be assigned to
Special District zoning due to the combination of residential and
commercial uses and the inclusion of horses as an aspect of the use.
B. The general development plan proposes a single-family residential layout
consistent with the Low Density Residential land use designation on the
site. Undeveloped land exists to the north has the same Low Density land
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use designation. The plan is also consistent with the developed land to
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the east, across 60 Avenue N.W., in its lot sizes, density, access, and
circulation. Land to the northeast on the opposite side of the intersection
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of 60 Avenue and 14 Street is a feedlot. This land has an industrial
land use designation within the City of Rochester Land Use Plan.
C. The draft development agreement identifies intended pedestrian facilities.
Roadways within the property will be constructed as private roadways.
Sidewalks will not be constructed. In lieu of sidewalks, the development
will provide a six-foot wide pedestrian lane on the roadway pavement.
The development will also include a trail network. The trail network will
be constructed in phases concurrent with each phase of development of
the property.
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Two street connections are shown to 14 Street N.W. A future
connection to the adjacent property to the west is shown on the site plan.
D. The development density is consistent with the low density residential
land use designation of the Land Use Plan. The general development
plan proposes two different sizes of lots; larger single-family lots and
smaller patio lots. The proposed housing mix offers options within the
range of nearby neighborhoods.
E. The proposed general development plan reflects the official street map for
the County Road 104 corridor and land that would be needed for a future
interchange at the intersection of Trunk Highway 14 and County Road
104. At this time there is no timetable for the construction of the
interchange or future improvement of County Road 104. In the interim,
the additional traffic generated by this development and other growth in
the area may contribute to longer delays for County Road 104 traffic
entering or crossing Trunk Highway 14 and motorists may be advised to
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use 19 Street and the West Circle Drive interchange at Trunk Highway
14 as an alternative for access to Trunk Highway 14.
The Interim Development Agreement may address requirements for the
development related to future improvements of surrounding roadways.
F. The proposed general development plan reflects the official street map for
the County Road 104 corridor and land that would be needed for a future
interchange at the intersection of Trunk Highway 14 and County Road
104. At this time there is no timetable for the construction of the
interchange or future improvement of County Road 104. In the interim,
the additional traffic generated by this development and other growth in
the area may contribute to longer delays for County Road 104 traffic
entering or crossing Trunk Highway 14 and motorists may be advised to
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use 19 Street and the West Circle Drive interchange at Trunk Highway
14 as an alternative for access to Trunk Highway 14.
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Public utilities are currently not available to serve the development. The
applicant is currently working with the Public Works Department on an
Interim Development Agreement to permit private utilities, to be
maintained by the owner, prior to annexation by the City of Rochester,
and providing for the incorporation of public utilities after annexation.
Comments from individual departments related to availability of utilities
are attached with referral comments.
Parkland dedication requirement for this land is recommended to be
satisfied via dedication of land. The development will have a dedication
requirement estimated to be 2.488 acres. If the parkland dedication
requirement will be met via dedication of land, the GDP needs to be
revised to identify a park site meeting the dedication requirements. The
developer can enter into agreement to reach the adequacy of level
required for public facilities and infrastructure as found in section 64.130.
G. The status of the Grading and Stormwater Management Plan shall be
approved, or approved with conditions, prior to submitting the Final Plat.
H. The site has hydric soils on Western parcel that are likely tiled and are
regularly formed. The soils are steep with some historically eroded soils.
Erosion control will be key during grading activity to protect down
gradient wetlands north of Highway 14 and the railroad from
sedimentation and impact. Site development will require storm water
controls and treatment. Erosion control BMP’s will need to be maintained
until post construction stabilization is achieved.
I. The General Development Plan appears to be consistent with the
subdivision design standards of section 64.100.
J. The applicant has submitted and intends to execute an interim
development agreement that is consistent with the proposed general
development plan.
K. The plan appears to be in compliance with the Comprehensive Plan.
L. Building footprints are not identified on the plan. The proposal is for a
single family residential subdivision.
5. Based upon its recommended findings of fact, the Planning Department staff
recommended approval of the General Development Plan subject to the following conditions:
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A. The Park and Recreation Department recommends that dedication
requirements be met with park land.
B. The Interim Development Agreement shall require compliance with
Boulevard Tree requirements of the Zoning Ordinance at such time that
private streets within the development are converted to public streets.
C. Sanitary sewer and municipal water are not currently available and cannot
feasibly be extended to serve this Property at this time. The developer
may request to join with the City in making these inadequate public
facilities adequate for this development, and may enter into an interim
development agreement, prior to recording the Final Plat, that outlines in
part, the Developer’s and the 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), pedestrian facilities, contributions for existing and future
public infrastructure, and the future connection to public sanitary sewer
and water. No development will be allowed to occur until the City Council
has determined that all required public facilities are adequate for said
development or that by interim agreement alternative interim private
facilities are available.
D. The status of the Grading and Stormwater Management Plan shall be
approved, or approved with conditions, prior to submitting the Final Plat.
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 to serve the Property.
F. Charges/fees applicable to the development of this Property will be
addressed in City-Owner Contract and Development Agreement.
G. As this development is to have private utilities, well and septic, any future
response with the Rochester Fire Department as the primary responding
department, shall be considered a rural response until such time that
public water and fire hydrants are extended into this development for fire
protection.
H. Access barriers such as gates or other means of hindering access to the
property must have a means, such as an RFD approved key box or other
type of switching device that is approved by the RFD for emergency
apparatus to enter into the property without undo delay.
I. Streets and roadways shall be as provided in accordance with the fire
code and the Zoning Ordinance and Land Development Manual.
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Emergency vehicle access roadways shall be serviceable prior to and
during building construction.
1. Minimum fire lane access road width shall not be less than 20 feet
clear drivable width.
2. Fire apparatus access roads must be maintained year around and
designed to support the weight of fire department vehicles.
3. For fire apparatus access roads over 150’ in length, a means of
turning around shall be provided for the emergency fire vehicles.
J. All buildings are required to display the proper street address number on
the building fronts, which is plainly visible and legible from the street
fronting the property. Number size must be a minimum four feet inches
high on contrasting background when located on the building and three
inches high if located on a rural mail box at the public road fronting the
property. Reflective numbers are recommended.
K. All subsequent construction must be in accordance with the Building and
Fire Codes including all required permits.
L. The water system improvements that will become public in the future per
the Development Agreement must be approved by RPU, City Public
Works, and MDH, and meet current City standards.
M. The water main in the cul-de-sac streets must be looped to the east and
south, and water mains must be extended to adjacent properties per our
requirements.
N. Dedication of a ten-foot wide platted public utility easement is required
along the frontages of all public streets.
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 14 conditions of approval.
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7. At the October 17 public hearing before the Common Council, the Applicant’s
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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 14 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
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.
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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
(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.
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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;
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
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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 #343 complies with the requirements of §61.215, subd. 2 subject to the
satisfaction of the 14 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 #343 subject to the satisfaction of the 14 conditions of
approval described above.
Dated at Rochester, Minnesota this _____ day of October, 2016.
____________________________________
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\\343
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