HomeMy WebLinkAboutFinding of Fact - ChateauCircle.GenDevelopPlan#322 BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
In Re: General Development Plan Findings of Fact,
#322 Conclusions of Law,
and Order
On June 15, 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 May 27, 2015, in response to the application for General Development Plan #322.
At the June 15th 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 May 27, 2015, public hearing on this application, the Planning and Zoning
Commission considered the issue of whether General Development Plan #322 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.
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 and recommended the following findings of fact:
A. This type of development is consistent with the goals and policies of the
City's Land Use Plan designating the area as "commercial" (Land Use
Plan Amendment #R2014-007LUPA from "low density" to "commercial")
which encourages neighborhood shopping centers that cater to the daily
or weekly convenience shopping needs and personal services needs of
the neighborhood.
B. The applicant is proposing the realignment of Chateau Road NW by
shifting the existing roadway to the east to create a new intersection with
Villa Road NW. Access into the Lot 3, Block 1 on the proposed plat is
proposed as a % access from the realigned Chateau Road NW and a full
access on Villa Road NW shared with the lot to the west. The other lots
would be served with full access on Villa Road NW. Lot 1, Block 2 would
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be principally served from Villa Road NW in order to allow for adequate
traffic circulation on Chateau Road NW. Traffic calming measures are
proposed for Villa Road NW, along with crosswalks.
C. On-site access and circulation design for pedestrians, bicyclists and
vehicles will be reviewed at such a time that a detailed development
proposal is submitted for zoning review. At such time, connections to the
existing pedestrian facilities along the property will need to be shown.
D. N/A as no housing is proposed.
E. As part of the development, the applicant is proposing the realignment of
Chateau Road NW by shifting the existing roadway to the east to create a
new intersection with Villa Road NW. Access into the Lot 3, Block 1 on
the proposed plat is proposed as a % access from the realigned Chateau
Road NW and a full access on Villa Road NW shared with the lot to the
west. The other lots would be served with full access on Villa Road NW.
Lot 1, Block 2 would be principally served from Villa Road NW in order to
allow for adequate traffic circulation on Chateau Road NW. Traffic
calming measures are proposed for Villa Road NW, along with
crosswalks.
The City does have improvement projects planned for the 55th Street
N.W., corridor in the current Capital Improvement Plan.
F. The applicant is proposing the realignment of Chateau Road NW by
shifting the existing roadway to the east to create a new intersection with
Villa Road NW. Access into the Lot 3, Block 1 on the proposed plat is
proposed as a % access from the realigned Chateau Road NW and a full
access on Villa Road NW shared with the lot to the west. The other lots
would be served with full access on Villa Road NW. Lot 1, Block 2 would
be principally served from Villa Road NW in order to allow for adequate
traffic circulation on Chateau Road NW. Traffic calming measures are
proposed for Villa Road NW, along with crosswalks.
The applicant's consultant completed a Traffic Impact Study (TIS) in 2014
for the proposed development.
The TIS provides anticipated average daily traffic volumes for the years
2016, 2026 and 2036 on the adjacent roadway and provides the
anticipated level of service (LOS) at various intersections around the
project area for those years.
According to the City Engineer, the applicant had a traffic study prepared
by WSB and that study was reviewed by the City Traffic Engineer with
input from the County transportation planners. The study identified certain
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turn lane mitigations that were needed in the future to West Circle Drive.
This property is within the Main Level Water System Area, which is
available along the south of the property within the 55th St NW ROW.
Static water pressures within this area will range from 54 to 66 PSI
depending on final grades. With the development of this property water
mains must be extended to adjacent properties per RPU requirements.
Sanitary sewer is available along the south of the property within the 55th
Street NW right-of-way. Storm sewer is proposed to be relocated to
within the relocated Chateau Road NW as well as installing it with Villa
Road NW.
A Grading and drainage plan approval will also be required through the
development review process.
G. Grading and drainage plan approval will be required through the
development review process.
H. No hydric soils exist on the property based on the soil survey. The
property does not have any Decorah Edge features on it.
I. The applicant is proposing the realignment of Chateau Road NW by
shifting the existing roadway to the east to create a new intersection with
Villa Road NW. Access into the Lot 3, Block 1 on the proposed plat is
proposed as a % access from the realigned Chateau Road NW and a full
access on Villa Road NW shared with the lot to the west. The other lots
would be served with full access on Villa Road NW. Lot 1, Block 2 would
be principally served from Villa Road NW in order to allow for adequate
traffic circulation on Chateau Road NW. Traffic calming measures are
proposed for Villa Road NW, along with crosswalks.
J. The development is surrounded by existing development and roadways.
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.
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.
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5. Based upon its recommended findings of fact, the Planning Department's May
21, 2015, staff report recommends approval of General Development Plan #322 subject to the
following conditions:
A. 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 a Final Plat for the property, 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 and Drainage Plan approval is required prior to recording a Final
Plat for the property.
C. Dedication of Controlled Access shall be shown on the Final Plat,
consistent with the terms for required access control as specified in the
Development Agreement for the Property.
D. Execution of a City-Owner Contract, and dedication of any applicable off-
site public easements is required prior to construction of any public
infrastructure.
E. The Owner is obligated to provide pedestrian facilities along the entire
public road frontages of the Property, either within the ROW, or within a
public easement dedicated to cover said facilities. Construction of said
facilities, and dedication of any applicable easements will be addressed
through the review and approval process for individual lot development,
or at the time of Final Plat.
F. Boulevard trees will be required for the development. Prior to the
development of the property, the Owner shall determine which of the two
available options, Payment Method or Install Boulevard Trees, will be
used to meet their boulevard tree obligations for each phase of
development. Once the option is selected, the Owner shall either make
applicable cash payment to the Rochester Park & Recreation Department
or submit a planting plan to the City Forester for a planting permit prior to
final development approval. Trees shall be planted every 35 feet.
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G. No public water main extensions are shown within this submittal. The
developer of each lot will need to provide public water main extensions
and easements as needed to provide adequate fire protection to the
buildings as there is no water main currently within Villa Rd. NW. A
looped system passing through each lot along with an extension to Villa
Rd. may be necessary to provide the required flows and water circulation
as "dead end" systems are to be avoided.
H. Access control will need to be dedicated on the final plat. A 10' Trail
easement along the south property line will need to be provided for trail
realignment in the future. Olmsted County Public Works must fully review
and approve the Chateau Road realignment including access points and
lane geometry.
6. At its May 27, 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, and recommended denial of the application based upon the fact
that the General Development Plan does not meet the criteria found at R.C.O. §61.215, subd. 2(A)
as the proposed land uses are not generally in accord with the adopted zoning map that places
this property in the R-1 and Special District Zoning Districts.
7. At the June 15th public hearing before the Common Council, the Applicant's
representative agreed with all of the Planning Department staff's recommended conditions of
approval.
8. At the June 15th public hearing, the Common Council concurred with and
adopted as its own the findings of fact and recommendation for approval made by the
Planning Department staff as described 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-
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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
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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
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
10
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.
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 June 15,
2015, public hearing, it is hereby determined by the Common Council of the City of Rochester that
General Development Plan #322 complies with the requirements of §61.215 if the Applicant
satisfies the eight conditions of approval recommended by the Planning Department staff as
described above.
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ORDER
The Common Council of the City of Rochester, pursuant to R.C.O. §61.215, does hereby
approve General Development Plan #322 subject to the satisfaction of the eight conditions of
approval recommended by the Planning Department staff.
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Dated at Rochester, Minnesota this day of June, 2015.
Randy Staver
President of the Rochester Common Council
Approved at Rochester, Minnesota this day of June, 2015.
Ardell F. Brede
Mayor of the City of Rochester
FOF.Zone15\GDP\322
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