HomeMy WebLinkAboutFinding of Fact - BellaTerra,LLC.GDP#R00344.CenturyValleySubdivision
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
___________________________________
In Re: General Development Plan Findings of Fact,
#344 (Century Valley) Conclusions of Law,
and Order
___________________________________
On May 15, 2017, 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 26, 2017, in response to the application for General Development Plan #344
(Century Valley Subdivision).
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At the May 15 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 April 26, 2017, public hearing on this application, the Planning and Zoning
Commission considered the issue of whether General Development Plan #344 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. Land uses within the proposed GDP
are mostly consistent with the land use designated for the property,
except for a portion of land in the southwest corner, which is planned for
“non-residential low density”. The southwest portion is inconsistent with
the land development manual and will require a Land Use Plan
Amendment (LUPA) and zone change before non-residential development
may occur.
B. The proposed vehicular circulation is consistent with requirement of the
LDM. Final density and interior circulation will be addressed at the time
of development review. The GDP proposes single family residential,
which is a compatible use with the existing and permissible future use of
adjacent property.
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At the land subdivision phase, the applicant must show access from the
southwest area labeled “non-residential low density”, and must also show
trail thoroughfares for connectivity between and through the subdivision.
C. At the land subdivision phase all cul-de-sacs will be evaluated for trail
thoroughfares. Due to the length of many of the cul-de-sacs shown in the
GDP, it is likely that multiple trail thoroughfares will be required pursuant
to Section 64.227 of the City of Rochester Zoning Code.
D. Single family housing is consistent with the adopted Land Use Plan.
E. Street connections are coming from the existing developments and major
streets. Silver Creek Road NE is designated in the ROCOG 2040
Transportation Plan to be upgraded to a two-lane primary urban collector
with a median turn lane, as warranted by development.
F. Street connections are coming from the existing developments and major
streets. Silver Creek Road NE is designated in the ROCOG 2040
Transportation Plan to be upgraded to a two-lane primary urban collector
with a median turn lane.
A traffic impact study will be required prior to submittal of land subdivision
phase.
Utilities will be extended from existing subdivisions, adjacent to the
proposed GDP area. There is an existing sanitary sewer line that runs
north to south, extending from Shannon Oaks Boulevard NE, through
roughly the middle of the GDP area.
There is an existing Development Agreement recorded against this
Property. Certain terms of the agreement may need to be modified as a
result of the proposed revisions to the development plan that was
considered when existing agreement was prepared and executed.
The property is within the NE High Level Water System Area. The higher
portions (above approximately 1135 to 1155) can be served directly from
this system and the lower areas, east of the current Century Hills
development, will be served from the existing public pressure reducing
(PRV) station in the Shannon Oaks development. The area south of the
Century Point development will be served from the PRV station located
within the development. Ultimately the 2 PRV stations must be inter-
connected (if not on this property then within the property south of Silver
Creek Road NE when that develops).
Networking of the high level and intermediate level systems to eliminate
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dead ends is crucial in both areas to provide adequate flows for fire
protection and water quality. The water main in the cul-de-sac streets
and dead ends must be looped and water mains must be extended to
adjacent properties per the requirements of the RPU-Water.
Sidewalks and boulevard trees will be required during the platting
process. Trail thoroughfares for connectivity between the subdivision will
also be reviewed during the land subdivision phase.
There is an existing Development Agreement recorded against this
Property. Certain terms of the agreement may need to be modified as a
result of the proposed revisions to the development plan that was
considered when existing agreement was prepared and executed.
G. An approved Grading and Drainage Plan is required for this project prior
to final plat submittal for each phase of development. Ownership and
maintenance of any on-site Storm Water Management Facilities will need
to be addressed as part of the Grading and Plan approval process.
The GDP indicates a drainage pond on the property.
H. The applicant has provided the location of wetlands for a portion of the
property. Further phases of development will require additional wetland
evaluation. The applicant has provided the location of the edge support
areas on the GDP.
Wetlands have been delineated on a portion of the site. Hydric soils and
location in the landscape indicate the potential for additional wetlands
within the GDP boundaries. Wetland delineations will be necessary as the
areas are platted or grading or other improvements proposed. This area is
located with the Decorah Edge and covered by the city Wetland
Conservation Ordinance. The applicant will provide site specific
information to show conformance with the Wetland Conservation
Ordinance with all future phases of development.
I. The amended GDP is consistent with the subdivision design standards for
single family housing.
J. The GDP proposes 215 acres of land. A development agreement has
been executed.
K. The Plan appears to be in compliance with the Comprehensive Plan. The
GDP identifies local street throughout the GDP area, which will comply
with the complete streets policy.
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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:
A. Prior to approval by the City Council, the GDP must be updated with the
following information:
(1) Density must be shown by stating that the proposed GDP area will
be “low density residential;”
(2) The GDP must state that the proposed zoning is R-1x;
(3) Silver Creek must be labeled;
(4) The GDP must label the names of existing local streets that have
been platted;
(5) The existing zoning in the Shannon Oaks and Haverhill
Subdivisions must be labeled as R-1; and,
(6) Roadway networks to the proposed parks must be addressed.
B. An approved Grading and Drainage Plan is required for this project prior
to final plat submittal for each phase of development. Ownership and
maintenance of any on-site Storm Water Management Facilities will need
to be addressed as part of the Grading and Plan approval process.
C. Pedestrian facilities are required at the Owner’s expense along all public
streets, prior to submittal of final plat.
D. Dedication of parkland must be met prior to submittal of final plat.
E. Boulevard trees will be required, at the Owner’s expense, prior to
submittal of final plat.
F. Ownership and maintenance of “Open Space” areas need to be resolved
prior to submittal of final plat.
G. Execution of a City-Owner Contract, and dedication of any applicable
public easements, is required prior to constructing public infrastructure to
serve this development.
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H. If Public Works determines that the existing Development Agreement
recorded against the property must be revised, an amended agreement
must be executed prior to final plat approval for the first new phase of
development.
I. Trail thoroughfares will be required prior to land subdivision.
J. The following fees and obligations applicable to the development of this
property will be addressed in the development agreement and/or will be
specified in the City-Owner Contract:
(1) Water Availability Charge.
(2) Sewer Availability Charge.
(3) SAC Downstream Component
(4) Transportation Improvement Obligations
(5) Storm Water Management
(6) Plant Investment Fee (PIF)
6. At its April 26, 2017, 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 ten conditions of approval.
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7. At the May 15 public hearing before the Common Council, the Applicant’s
representative appeared in support of the General Development Plan application and
indicated agreement with all of the recommended conditions of approval.
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8. At the May 15 public hearing before the Common Council, the Common Council
concurred with and adopted as its own the findings of fact and recommendation of the
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Planning and Zoning Commission subject to the ten 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.
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.
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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
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.
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3. By a substantial amount of the evidence and testimony presented at the May 15,
2017, public hearing, it is hereby determined by the Common Council of the City of Rochester that
General Development Plan #344 complies with the requirements of §61.215, subd. 2 subject to the
satisfaction of the ten 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 #344 subject to the satisfaction of the ten conditions of
approval described above.
Dated at Rochester, Minnesota this _____ day of May, 2017.
____________________________________
Randy Staver
President of the Rochester Common Council
Approved at Rochester, Minnesota this _____ day of May, 2017.
______________________________
Ardell F. Brede
Mayor of the City of Rochester
FOF.Zone15\\GDP\\344
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