HomeMy WebLinkAboutFinding of Fact - BonnieVistaEstates.LandSubdivisionPermit#06-05
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
________________________________________
In Re: Land Subdivision Permit #06-05 Findings of Fact,
Bonnie Vista Estates Conclusions of Law
and Order
________________________________________
On June 19, 2006, a public hearing was conducted, upon notice to the public, before the
Common Council of the City of Rochester to consider the Planning and Zoning Commission's
findings of the public hearing held on May 24, 2006, in response to Land Subdivision Permit #06-
05. The June 19, 2006, public hearing was continued until June 18, 2007. The June 18, 2007,
public hearing was continued to December 17, 2007, which was recessed until December 19,
2007. On January 28, 2008, the Applicant requested this item be tabled indefinitely “in order to
resolve the issues identified by the planning staff as it relates to the FEMA map revision.” On
November 17, 2016, the Applicant requested this item be removed from the table and placed upon
the Council’s December 19, 2016, meeting agenda. This item came back before the Council at its
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December 19 council meeting. At all of the public hearings on this matter, all interested persons
were given the opportunity to make presentations and give testimony concerning the application.
Based upon the evidence presented at the hearing, the Common Council of the City of
Rochester does hereby make the following findings of fact, conclusions of law, and order.
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FINDINGS OF FACT
1. At its public hearing on this application, the Planning and Zoning Commission
considered the issue of whether Land Subdivision Permit #06-05 satisfied the conditions of
Section 61.225 of the Rochester Code of Ordinances.
2. R.C.O. §61.225 provides that the Council shall approve a development permit
authorizing a land subdivision if all of the following findings with respect to the proposed
development are made:
A. The proposed land subdivision conforms to all relevant requirements
of this ordinance and variances have been granted to permit any
nonconformance;
B. That the proposed water system and sanitary sewer system are
adequate to serve the normal and fire protection demands of
proposed development and to provide for the efficient and timely
extension to serve future development;
C. That the plan for soil erosion and stormwater management meets the
adopted standards of the City of Rochester and is consistent with the
adopted Stormwater Management Plan or adopted drainage or
stormwater policies;
D. That the vehicular and non-motorized system is consistent with
adopted transportation plans and is consistent with the street layout
standards listed in Section 64.120 and traffic service standards in
Section 61.526;
E. That the lot and block layout provide for safe and convenient
vehicular, service and emergency access, efficient utility service
connections, and adequate buildable area in each lot for planned
uses;
F. That the proposed land subdivision has taken into account the current
six-year and other Long-Range Capital Improvements Programs and
the elements listed therein in the design of the subdivision;
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G. That the proposed subdivision, if in a residential zoning district,
addresses the need for spillover parking consistent with the
requirements of Section 63.426;
H. That right-of-ways and easements of adequate size and dimension
are provided for the purpose of constructing the street, utility, and
drainage facilities needed to serve the development;
I. That the proposed parks, trail thoroughfares and open space
dedications are consistent with adopted plans, policies and
regulations;
J. That the proposed subdivision will not have off-site impacts on the
street, drainage, water or wastewater systems that exceed adopted
standards;
K. That the proposed subdivision will not have adverse impacts on the
safety or viability of permitted uses on adjacent properties;
L. That the proposed land subdivision is designed in such a manner as
to allow for continued development in an efficient manner on adjacent
undeveloped lands;
M. That the soils, topography and water tables have been adequately
studied to ensure that all lots are developable for their designated
purposes;
N. That the proposed land subdivision is consistent with the standards of
the City’s adopted Comprehensive Plan; and
O. That any land located within Zone A as shown on the currently
adopted Flood Boundary and Floodway Maps of Flood Insurance
Study, Rochester, Minnesota, prepared by the Federal Emergency
Management Agency, is determined to be suitable for its intended use
and that the proposed subdivision adequately mitigates the risks of
flooding, inadequate drainage, soil and rock formations with severe
limitations for development, severe erosion potential, or any other
floodplain related risks to the health, safety or welfare of the future
residents of the proposed subdivision in a manner consistent with this
ordinance.
P. That the proposed land subdivision, if approved, would not result in a
violation of federal or state law, or city or county ordinance.
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3. R.C.O. §61.226 authorizes the approving body to impose modifications or conditions
to the extent that such modifications or conditions are necessary to ensure compliance with
§61.225.
4. The Planning and Zoning Commission indicated that the application for Land
Subdivision Permit #06-04 satisfied the requirements of R.C.O. §61.225 if the following
conditions are imposed:
A. There are inadequate on and off site public facilities, specifically
Sanitary Sewer, Water, Storm Water Management Facilities, Public
Parkland and public infrastructure, 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
Final Plat submittal, that outlines the developer’s and the City’s
obligations related, but not limited to: access, storm water
management (including any obligations for off-site facilities),
transportation improvements (including any off-site improvements
necessary to accommodate this development), pedestrian facilities,
parkland, contribution for existing and future public infrastructure,
and the extension of public utilities to abutting properties where
applicable.
B. Grading and drainage plan approval is required prior to final plat
submittal.
C. Development of the property in floodway and flood prone districts
is subjected to the regulations of Section 62.800 (Flood District and
Intent) of the Land Development Manual. The property is also
subject to the shoreland regulations of Section 62.1000.
D. Development of this property is subject to the development of the
abutting property to the east of this plat which will include platting
of Bonnieview Drive SW.
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E. Ownership and maintenance of the Outlots needs to be addressed
prior to the Final Plat submittal and shall be outlined in the
development agreement.
F. A secondary access shall be provided prior to or at such a time
that the development generates 1200 adt on a single access.
G. The developer shall post one side of the private roadway “No
parking.”
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5. At the December 19 public hearing, the applicant’s representative indicated
“acceptance of the recommendations of the City staff and Planning Commission.” The
applicant’s representative suggested the issue of parkland dedication should not hold up
approval of this application. He suggested that a condition of approval be added requiring the
parkland dedication issue be resolved prior to the time of final plat submittal. He offered to
meet with city staff to resolve the issue.
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6. At the December 19 public hearing, the Planning Department staff
recommended the addition of the following condition of approval:
H. The plat shall be revised to include the following:
(1) Include Willow Creek as an Outlot;
(2) Access to Outlot G;
(3) Identifying the floodway and 100-year flood boundaries on the face
of the plat;
(4) Drainage easement on Lot 31, Block 1;
(5) Public Utility easement over the water main running through Outlot
A; and
(6) Roadway names revised according to the GIS/Addressing referral.
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7. At the December 19 public hearing, the City Attorney recommended the
addition of the following condition of approval based upon the applicant’s representative’s
suggestion:
I. The scope, extent, form, and amount of parkland dedication shall be
resolved prior to the time of the submittal of the final plat application.
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8. At the December 19 public hearing, the applicant’s representative responded
“that’s fine” in response to the proposed nine conditions.
9. The Council concurs with and adopts as its own the findings of fact, conditions of
approval, and recommendation for approval proposed by the Planning and Zoning Commission,
the Planning Department, and the City Attorney as stated above.
CONCLUSIONS OF LAW
1. R.C.O. §61.225 provides that the Council shall approve a development permit
authorizing a land subdivision if all of the following findings with respect to the proposed
development are made:
A. The proposed land subdivision conforms to all relevant requirements
of this ordinance and variances have been granted to permit any
nonconformance;
B. That the proposed water system and sanitary sewer system are
adequate to serve the normal and fire protection demands of
proposed development and to provide for the efficient and timely
extension to serve future development;
C. That the plan for soil erosion and stormwater management meets the
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adopted standards of the City of Rochester and is consistent with the
adopted Stormwater Management Plan or adopted drainage or
stormwater policies;
D. That the vehicular and non-motorized system is consistent with
adopted transportation plans and is consistent with the street layout
standards listed in Section 64.120 and traffic service standards in
Section 61.526;
E. That the lot and block layout provide for safe and convenient
vehicular, service and emergency access, efficient utility service
connections, and adequate buildable area in each lot for planned
uses;
F. That the proposed land subdivision has taken into account the
current six-year and other Long-Range Capital Improvements
Programs and the elements listed therein in the design of the
subdivision;
G. That the proposed land subdivision, if in a residential zoning district,
addresses the need for spillover parking consistent with the
requirements of Section 63.426;
H. That right-of-ways and easements of adequate size and dimension
are provided for the purpose of constructing the street, utility, and
drainage facilities needed to serve the development;
I. That the proposed parks, trail thoroughfares and open space
dedications are consistent with adopted plans, policies and
regulations;
J. That the proposed subdivision will not have off-site impacts on the
street, drainage, water or wastewater systems that exceed adopted
standards;
K. That the proposed subdivision will not have adverse impacts on the
safety or viability of permitted uses on adjacent properties;
L. That the proposed land subdivision is designed in such a manner as
to allow for continued development in an efficient manner on adjacent
undeveloped lands;
M. That the soils, topography and water tables have been adequately
studied to ensure that all lots are developable for their designated
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purposes;
N. That the proposed land subdivision is consistent with the standards
of the City’s adopted Comprehensive Plan; and
O. That any land located within Zone A as shown on the currently
adopted Flood Boundary and Floodway Maps of Flood Insurance
Study, Rochester, Minnesota, prepared by the Federal Emergency
Management Agency, is determined to be suitable for its intended
use and that the proposed subdivision adequately mitigates the risks
of flooding, inadequate drainage, soil and rock formations with severe
limitations for development, severe erosion potential, or any other
floodplain related risks to the health, safety or welfare of the future
residents of the proposed subdivision in a manner consistent with this
ordinance.
P. That the proposed land subdivision, if approved, would not result in a
violation of federal or state law, or city or county ordinance.
2. R.C.O. §61.226 authorizes the Council to impose conditions on its approval of a
development permit.
3. By a substantial amount of the evidence and testimony presented at all of the public
hearings, it is hereby determined by the Common Council of the City of Rochester that Land
Subdivision Permit #06-05 complies with the requirements of §61.225 if the Applicant satisfies the
nine conditions of approval described herein.
ORDER
The Common Council of the City of Rochester, pursuant to R.C.O. §61.225, does hereby
approve Land Subdivision Permit #06-05 subject to the nine conditions of approval described
herein.
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Dated at Rochester, Minnesota this _____ day of December, 2016.
____________________________________
Randy Staver
President of the Rochester Common Council
Approved at Rochester, Minnesota this _____ day of December, 2016.
______________________________
Ardell F. Brede
Mayor of the City of Rochester
FOF.Zone15\\LandSub\\0605
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