HomeMy WebLinkAboutFinding of Fact - GenDevPlan.315 BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
In Re: General Development Plan Findings of Fact,
#315 Conclusions of Law,
and Order
On April 6, 2015, 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 March 11, 2015, in response to the application for General Development Plan
#315.
At the April 6t" public hearing, all interested persons were given an opportunity to give
testimony and make presentations concerning the application. At the conclusion of the April 6t"
public hearing, the Council remanded the application to the Planning and Zoning Commission for
further consideration of new information. On April 22, 2015, the Planning and Zoning Commission
held its second public hearing on this application.
On May 18, 2015, 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 April 22, 2015, in response to the application for General Development Plan #315.
At the May 22nd 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 March 11, 2015, and April 22, 2015, public hearings on this application, the
Planning and Zoning Commission considered the issue of whether General Development Plan
#315 satisfied the conditions of ROCHESTER, MINN., CODE ORDINANCES §61.215 (2013).
2. R.C.O. §61.215 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.
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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.
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
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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.
evelopment: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
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.
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4. The Planning Department staff reviewed the General Development Plan application
using the criteria found at section 61.215 and recommended the following findings of fact:
A. A Land Use Plan amendment (#R2014-008LUPA) and Zoning District
amendment (#R2014-016ZC) are being considered concurrent with this
GDP. If the amendments are approved, the land uses indicated for the R-
3 (medium density residential) and B-1 (restricted commercial) zoning
districts on the property would be consistent with the land use designation
and zoning for the property.
B. A Land Use Plan amendment and Zoning District amendment are being
considered concurrent with this GDP. If the amendments are approved,
the land uses within the GDP would be consistent with the land use
designation and zoning for the property.
At the time of development a site capacity calculation (Section 61.530 of
LDM) will need to be completed for any development proposed to
determine what the net buildable area is. The net buildable area is an
adjustment to the total site area based on characteristics that constrain
development potential. In this case, the buildable area of this site will be
reduced by the presence of the Floodway and Flood Prone district.
Again, the floor area ratio permitted for a development is based on the
buildable area, and not the total site area. The density allowed on the
property will be affected by the site capacity calculation. The applicant's
consultant identifies the net buildable area for the proposed R-3 to be
23.35 acres and the net buildable area for the proposed B-1 to be 4.27
acres.
Floodplain standards will require that any fill be reviewed through a
conditional use permit process and development standards applicable to
development with the floodway and flood prone districts. Shoreland
standards limit impervious surface within the Shoreland District to 25% of
the land area (62.1008(2)).
C. A single interior street will provide access to 45th Ave., SW and Country
Club Rd., SW. On-site access and circulation design for pedestrians,
bicyclists, transit vehicles and patrons will need to be reviewed at the
platting and site development plan review stages.
D. A Land Use Plan amendment and Zoning District amendment are being
considered concurrent with this GDP. If the amendments are approved,
the land use within the GDP would be consistent with the land use
designation and zoning for the property.
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The policies and goals found in Chapters 2 and 3 of the Rochester Urban
Service Area Land Use Plan encourage developing a range of densities
and development styles. This development will help to further the goals
and policies of the Land Use Plan and also those found within Chapter 3
of the Housing Plan.
E. The applicant's consultant completed a Traffic Study for the proposed
development. The Study actually accounted for the development of both
the developable easterly and westerly portions of the former golf course.
The Study is based on up to 800 multi-family dwellings and 9,000 square
feet of neighborhood commercial occurring on the area that the GDP is
filed on.
The Study analyzed five scenarios for the proposed development: 2014
existing conditions, 2021 build conditions, 2031 build conditions, 2040 no-
build conditions, and 2040 build conditions. Based on the review of the
Study, engineering staff is recommending that there be a dedicated left
turn on Country Club Road SW (CSAH 34) and right turn lane at the
proposed location of the new public roadway. Also, the northbound 45th
Avenue SW approach to Country Club Road SW should have a right turn
lane and share left/thru lane. There also needs to be intersection
improvements at the 45th Avenue SW and Country Club Road SW
intersection. The timing of these improvements will need to be addressed
in the development agreement.
F. The applicant's consultant completed a Traffic Study for the proposed
development. The Study actually accounted for the development of the
developable easterly and westerly portions of the former golf course. The
Study is based on up to 800 multi-family dwellings and 9,000 square feet
of neighborhood commercial occurring on the area that the GDP is filed
on.
The Study analyzed five scenarios for the proposed development: 2014
existing conditions, 2021 build conditions, 2031 build conditions, 2040 no-
build conditions, and 2040 build conditions. Based on the review of the
Study, engineering staff is recommending that there be a dedicated left
turn on Country Club Road SW (CSAH 34) and right turn lane at the
proposed location of the new public roadway. Also, the northbound 45th
Avenue SW approach to Country Club Road SW should have a right turn
lane and share left/thru lane. There also needs to be intersection
improvements at the 45th Avenue SW and Country Club Road SW
intersection. The timing of these improvements will need to be addressed
in the development agreement.
On June 16, 2014 the Council adopted a Feasibility Report for the
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extension of sanitary sewer and water main to the 100 acres in the
Meadows Lakes Golf Club area. The report states that the project is
feasible and recommended its construction provided that the property
owners directly served by the project enter into a Development and/or
Contribution Agreements with the City.
The property is within the Main Level Water System Area. A trunk water
main (12" diameter) will need to be extended from the water main along
West Circle Drive westerly to 45th Avenue SW. The water main would
also need to be connected to the existing water main along Berkshire
Road SW in two locations to provide required water system looping.
Static water pressured within the area will range from the upper 50's to
the mid 60's PSI depending on final grades. The water mains must be
networked properly to provide adequate water quality and flows for fire
protection, especially in the future commercial area where the highest fire
protection needs will be and the water mains must be extended to
adjacent properties per the requirements of RPU.
Sanitary sewer (15" diameter) will need to be extended to serve the
development. The sanitary sewer main is located at the intersection of
West Circle Drive SW and Country Road SW. When the main reaches
the road it would continue westerly along Cascade Creek and a second
branch (12" diameter) will run north along 45th Avenue SW.
A Grading Plan and Drainage Report will be required as the property
further develops. Storm water ponds are not permitted within the area
designated as floodway.
G. A Grading Plan and Drainage Report will be required as the property
further develops. Stormwater ponds are not permitted within the area
designated as floodway.
H. No hydric soils exist on the property based on the Soil Survey. However,
due to the location in the landscape, the property owner should examine
the site for wetlands. The property owner is responsible for identifying
wetlands.
The property does not have any Decorah Edge features on it.
I. A preliminary plat has not been submitted for the property. This review
process will ensure that the use meets the standards of the Zoning
Ordinance and Land Development Manual.
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J. A development has public roadways along two sides of the development
while the other two sides are bounded by Cascade Creek which will be
going through a restoration project.
K. 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. If the land use designations are approved, the plan
will be generally compliant.
L. Specific building footprints are not identified on the Plan. Site detail, such
as pedestrian connections to the existing adjacent public sidewalks/trails,
will be reviewed at the time of a detailed development review.
5. Based upon its recommended findings of fact and assuming the Applicant's Land
Use Plan Amendment and Zone Change Petition are approved, the Planning Department staff
recommended approval of the General Development Plan subject to the following conditions:
A. 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 the Final Plat, that outlines the developer's and 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 necessary to
accommodate this development), pedestrian facilities, contributions for
existing & future public infrastructure, and the extension of public utilities
to abutting properties where applicable.
B. Grading & Drainage Plan approval is required prior to the submittal of the
final plat for the Property.
C. Execution of a City-Owner Contract, and dedication of any applicable off-
site public easements is required prior to construction of any public
infrastructure.
D. Prior to any filling or grading within the area of the property designated
flood prone or floodway, the applicant shall receive approval of a
conditional use permit for said activity.
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E. Prior to platting of the property, the applicant shall complete the
necessary information for wetland review and submit it to the LGU for
review.
F. Development charges applicable to the development of this Property will
be addressed in City-Owner Contract, and Development Agreement, and
will include but are not limited to: Sewer Availability Charge (SAC), Water
Availability Charge (WAC), Transportation Improvement Obligations,
Utility Connection Charges, Storm Water Management Plan Area Charge
(SWMPAC), First Seal Coat Charge for any new public streets,
Pedestrian Facilities / Ramps, Street Signs, as determined by the City
Engineer, and a Plant Investment Fee (PIF) collected through the Building
Permit approval process.
G. The water main must be networked properly to provide adequate water
quality and flows for fire protection, especially in the future commercial
area where the highest fire protection needs will be. Water mains must
be extended to adjacent properties per the requirements of RPU.
H. Parkland dedication for the development shall be in the form of a
combination of land and cash.
I. Pedestrian facilities shall be provided along all public roadways and the
GDP shall be labeled to identify such pedestrian facilities.
J. Based on the review of the Traffic Study, the developer is responsible for
the following improvements to the adjacent public roadways-
1.
oadways:1. There shall be a dedicated left turn on Country Club Road SW
(CSAH 34) and right turn lane at the proposed location of the new
public roadway.
2. The northbound 45th Avenue SW approach to Country Club Road
SW shall have a right turn lane and share left/thru lane.
3. Intersection improvements at the 45th Avenue S.W., and Country
Club Road S.W., intersection. The timing of these improvements
will need to be addressed in the development agreement.
K. Boulevard trees will be required to be planted in the boulevard area
adjacent to this property. Prior to the recording of the final plat
documents, the Owner shall determine which of the two available options,
(1) Payment Method or (2) Boulevard Tree Agreement Method, will be
used to meet the boulevard tree planting requirement for the
development. Once the option is selected, the owner shall either make
applicable cash payment or execute a Boulevard Tree Green Facilities
Agreement prior to recording the final plat. The Boulevard Tree Green
Facilities Agreement shall be recorded at the time of final plat recording.
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6. At its April 22, 2015, 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, adopted the Planning Department's recommended findings of fact,
and recommended approval of the General Development Plan application subject to the Planning
Department Staffs recommended 11 conditions of approval.
7. At the May 18th public hearing before the Common Council, the applicant's
representative indicated agreement with all of the Planning and Zoning Commission's
recommended findings of fact and conditions of approval as described above.
8. At the May 18th public hearing before the Common Council, the Common Council
concurred with and adopted as its own the findings of fact and conditions of approval
recommended by the Planning and Zoning Commission as described and amended above.
CONCLUSIONS OF LAW
1. R.C.O. §61.215 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.
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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
(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
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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;
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
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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 May 18,
2015, public hearing, it is hereby determined by the Common Council of the City of Rochester that
General Development Plan #315 complies with the requirements of §61.215 if the applicant
satisfies the 11 conditions of approval recommended by the Planning and Zoning Commission.
ORDER
The Common Council of the City of Rochester, pursuant to R.C.O. §61.215, does hereby
approve General Development Plan #315 subject to the satisfaction of the 11 conditions of
approval recommended by the Planning and Zoning Commission.
Dated at Rochester, Minnesota this day of May, 2015.
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Randy Staver
President of the Rochester Common Council
Approved at Rochester, Minnesota this day of May, 2015.
Ardell F. Brede
Mayor of the City of Rochester
FOF.Zone15\GDP\315
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