HomeMy WebLinkAboutFinding of Fact - ScenicOaksWestFirst.LandSubPermitR2017-013
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
________________________________________
In Re: Land Subdivision Permit #R2017-013 Findings of Fact,
Scenic Oaks West First Conclusions of Law
And Order
________________________________________
On June 5, 2017, the Common Council of the City of Rochester conducted a public
hearing, upon notice to the public, to consider the Planning and Zoning Commission's findings of
the public hearing held on May 10, 2017, in response to Land Subdivision Permit (Preliminary
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Plat) #R2017-013. At the June 5 public hearing, 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.
FINDINGS OF FACT
1. At its public hearing on this application, the Planning and Zoning Commission
considered the issue of whether Land Subdivision Permit (Preliminary Plat) #R2017-013 satisfied
the conditions of section 61.225, subd. 2, of the Rochester Code of Ordinances.
2. R.C.O. §61.225, subd. 2, 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. 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. 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. 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. 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. 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. The proposed subdivision, if in a residential zoning district,
addresses the need for spillover parking consistent with the
requirements of section 63.426;
H. The 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. The proposed parks, trail thoroughfares and open space dedications
are consistent with adopted plans, policies and regulations;
J. The proposed subdivision will not have off-site impacts on the street,
drainage, water or wastewater systems that exceed adopted
standards;
K. The proposed subdivision will not have adverse impacts on the safety
or viability of permitted uses on adjacent properties;
L. The proposed land subdivision is designed in such a manner as to
allow for continued development in an efficient manner on adjacent
undeveloped lands;
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M. The soils, topography and water tables have been adequately
studied to ensure that all lots are developable for their designated
purposes;
N. The proposed land subdivision is consistent with the standards of the
City’s adopted Comprehensive Plan;
O. 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. The proposed land subdivision, if approved, would not result in a
violation of federal or state law, or city or county ordinance; and
Q. The proposed land subdivision permit is consistent with any
approved and applicable General Development Plan, Conditional
Use Permit or Traffic Impact Study.
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 concluded that the application for Land
Subdivision Permit #R2017-013 satisfied the requirements of R.C.O. §61.225 if the following
conditions are imposed:
A. The applicant must obtain approval from the Planning Department
GIS Division for street name designation and addressing prior to
submittal of the Final Plat.
(1) “Scenic West Drive SW” cannot use a pre-directional
(West); and,
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(2) “Timber Oaks Road SW” shall run across the plat to the
end of the cul-de-sac, and will eliminate the need for
“Timber Oaks Lane SW.”
B. 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 Final Plat submittal, 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 to 48th St SW necessary to accommodate
this development), pedestrian facilities, contributions for existing &
future public infrastructure, and the extension of public utilities to
abutting properties where applicable.
C. An approved Grading and Storm Water Management Plan is
required before Final Plat submittal.
D. Ownership and maintenance of proposed “Outlot A” must be
addressed through a maintenance agreement with the City of
Rochester Public Works Department.
E. Execution of a City-Owner Contract, and dedication of any
applicable public easements, is required prior to construction of
any public infrastructure.
F. A paved temporary turn-around is required at the southerly extent
of Scenic West Drive SW and the westerly extent of Timber Oaks
Road SW, to facilitate the extension of public facilities to the plat
limits.
G. The developer is obligated to obtain the necessary off-site
temporary easements to facilitate the extension of public facilities.
H. Charges/fees applicable to the development of this property will
be addressed in City-Owner Contract, and Development
Agreement, and will include, but not be limited to:
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(1) Sewer Availability Charge (SAC)
(2) Water Availability Charge (WAC)
(3) Transportation Improvement Obligations
(4) Storm Water Management Plan Area Charge (SWMPAC)
(5) Plant Investment Fee (PIF) collected for individual lots at
the time of Building Permit issuance.
I. Boulevard trees will be required prior to recording the Final Plat.
J. Park dedication requirements shall be met via cash in lieu of land,
with payment due prior to recording of the Final Plat.
K. Each cul-de-sac will require a trail connection to a collector or
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higher order street. A trail connection to the trail along 48 Street
SW shall be added from Timber Oaks Lane SW and Winston
Lane SW. A trail connection to Scenic West Drive SW shall be
added from Riley Lane SW and Cash Lane SW.
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5. At the June 5 public hearing, the Applicant’s representative agreed with the
above conditions as recommended by the Planning and Zoning Commission except for condition
#K.
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6. At the June 5 public hearing, the Council concluded that R.C.O. §64.227 does not
require the addition of condition #K and, as such, deleted that condition of approval.
7. Otherwise, the Council concurs with and adopts as its own the findings of fact,
conditions of approval, and recommendation proposed by the Planning and Zoning Commission.
CONCLUSIONS OF LAW
1. R.C.O. §61.225, subd. 2, provides that the Council shall approve a development
permit authorizing a land subdivision if all of the following findings with respect to the proposed
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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. 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. 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. 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. 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. 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. 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. The 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. The proposed parks, trail thoroughfares and open space dedications
are consistent with adopted plans, policies and regulations;
J. The proposed subdivision will not have off-site impacts on the street,
drainage, water or wastewater systems that exceed adopted
standards;
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K. The proposed subdivision will not have adverse impacts on the
safety or viability of permitted uses on adjacent properties;
L. 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. The soils, topography and water tables have been adequately
studied to ensure that all lots are developable for their designated
purposes;
N. The proposed land subdivision is consistent with the standards of
the City’s adopted Comprehensive Plan;
O. 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. The proposed land subdivision, if approved, would not result in a
violation of federal or state law, or city or county ordinance; and
Q. The proposed land subdivision permit is consistent with any
approved and applicable General Development Plan, Conditional
Use Permit or Traffic Impact Study.
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 the June 5,
2017, hearing, it is hereby determined by the Common Council of the City of Rochester that Land
Subdivision Permit #R2017-013 complies with the requirements of R.C.O. §61.225, subd. 2, if the
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Applicant satisfies the ten conditions of approval recommended by the Planning and Zoning
Commission (conditions #A - #J).
ORDER
The Common Council of the City of Rochester, pursuant to R.C.O. §61.225, subd. 2, does
hereby approve Land Subdivision Permit (Preliminary Plat) #R2017-013 subject to the ten
conditions of approval recommended by the Planning and Zoning Commission (conditions #A -
#J).
Dated at Rochester, Minnesota this _____ day of June, 2017.
________________________________
Randy Staver
President of the Rochester Common Council
Approved at Rochester, Minnesota this _____ day of June, 2017.
______________________________
Ardell F. Brede
Mayor of the City of Rochester
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