HomeMy WebLinkAboutFinding of Fact - WillowHeightsFifth.GeneralDevelopPlan#346
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
___________________________________
In Re: General Development Plan Findings of Fact,
#346 (Willow Heights Fifth) Conclusions of Law,
and Order
___________________________________
On August 21, 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 July 26, 2017, in response to the application for General Development Plan #346
(Willow Heights Fifth).
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At the August 21 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 July 26, 2017, public hearing on this application, the Planning and Zoning
Commission considered the issue of whether General Development Plan #346 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. The proposed residential development is consistent with the current R-1
zoning district on the site.
B. The density and lot sizes for the development appear to be consistent
with the Land Use Plan and exceed minimum standards established in the
Rochester Zoning Ordinance and Land Development Manual (LDM).
Access to the buildable area of the large lot (Lot 26) may not be feasible
due to a combination of factors. Lot 26 and Outlot C have frontage on
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along three separate streets: 40 Street, Willow Court, and Willow
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Heights Drive. The frontage along 40 Street SW is limited by controlled
access included on MNDOT plat 55-48. This plat allows for a 60 foot
opening in the controlled access for access to the site. However, the GDP
identifies an Edge Support Area immediately to the north of this access
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point. Because Chapter 59A of the City Code does not permit alterations
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to Edge Support Areas, construction of a driveway along the 40 Street
frontage to provide access to Lot 26 appears to be infeasible at this time.
A separate Edge Support Area appears to prohibit access from Lot
26/Outlot C to the Willow Court frontage. The 20 foot frontage along
Willow Heights Drive could be utilized for access to the Outlot C. Because
adequate access does not appear to be feasible for Lot 26, it should be
labeled as an outlot on the GDP and preliminary plat.
C. Development of the site will require compliance with the Zoning
Ordinance, which requires integration of pedestrian and vehicular access
to/from and within the site.
D. The Rochester Urban Service Area Land Use Plan identifies this property
as “Recreation Area - Open Space.” This GDP proposes low-density
residential development, within the R-1 zoning district, which is consistent
with surrounding land uses. There is no guidance within the Land Use
Plan for land designated as Recreation Area – Open Space. As discussed
in the EXISTING CONDITIONS section above, this land was likely given
this designation due to perceived environmental features that would make
development infeasible, including steep slopes and the history of an
adjacent site as a tree disposal site. The portion of the site proposed for
development could be feasible as long as applicable requirements of the
LDM and requirements of referral agencies are met.
E. Street connections are coming from the existing developments and major
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streets. 40 Street SW was reconstructed in the mid-2000s as part of the
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40 Street SW interchange project.
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F. Two new public roadways are proposed to extend east from 9 Avenue
SW. Both are proposed as cul-de-sacs. This portion of the development
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will add approximately 25 new homes accessing 9 Avenue SW.
Pedestrian facilities will be required within the development.
Static water pressures will range from 72 to 85 PSI within this area.
Homes with main finished floors below the elevation of 1180 (approx. 80
PSI) will need pressure-reducing devices installed by the builders near
the domestic water meters as required by the Minnesota Plumbing Code.
The accompanying plat identifies intent to extend sanitary sewer and
storm water from the end of the easterly cul-de-sac to Willow Court SW.
Execution of a City-Owner contract and dedication of any applicable off-
site public easements is required prior to construction of any public
infrastructure to serve this development.
Detailed construction plans will need to be approved for all infrastructure
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improvements. Pedestrian facilities will be required within the
development.
Parkland dedication for the development is estimated to be approximately
0.63 acres, which is recommended to be accommodated in the form of
cash in lieu of land.
G. Grading and drainage plans and construction plans will be required for
development and platting of this property, which will require further
examination for compliance with applicable regulations.
H. Wetlands are located on the property and are identified on the GDP. A
wetland delineation is on file with the Planning Department and a No-
Loss, Exemption, or Replacement Plan has been submitted to the
Planning Department. Edge Support Areas do exist on the property and
are identified on the GDP.
The Plan identifies one very large lot west of Willow Court SW, and north
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of 40 Street SW. Due to the presence of Decorah Edge features, access
to this lot will require further evaluation and action from the applicant.
The associated preliminary plat includes a request for a Substantial Land
Alteration, to cut and fill by more than 10 feet in three locations in the
area of the two cul-de-sacs in the northwest portion of the site. It appears
site grading will encroach into the Cummingsville formation. Chapter 59A
does not prohibit grading within the Cummingsville formation, but
encourages grading to be kept to a minimum.
I. The lot and block layout for the development appears generally consistent
with applicable regulations. Specific design standards will be reviewed in
detail at the time of platting.
The Plan identifies one very large residential lot west of Willow Court SW,
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and north of 40 Street SW. Due to the presence of Decorah Edge
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features along the 40 Street frontage, access to the buildable portion of
this lot will require access to be provided elsewhere.
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J. The property is bound on the south by 40 Street SW, and existing
development. To the north and east, the property is bound by existing
development. To the west, most of the property is bound by existing
development, with the exception of the southwest corner. That portion has
topographic constraints and is constrained by Edge Support Area, such
that extension of development to abutting lands would be prohibitive.
K. The Plan appears to be in compliance with the Comprehensive Plan
related to intended land uses. The GDP identifies local streets that
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connect to the surrounding street system, which will comply with the
complete streets policy.
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. The General Development Plan shall be revised to show the following:
(1) Lot 26 shall be relabeled as “Outlot D.”
(2) The location of the former tree disposal site.
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. The developer has requested to join with the City in making
these inadequate public facilities adequate for this development, and has
requested the City prepare a development agreement for Owner’s
execution 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),
pedestrian facilities, contributions for existing & future public
infrastructure, and the extension of public utilities to abutting properties
where applicable.
C. The status of the Grading and Stormwater Management Plan shall be
approved, or approved with conditions, prior to submitting the Final Plat.
Submittal of a Final Plat prior to final Grading and Stormwater
Management Plan approval or approval with conditions requires
authorization from the City Engineer. Ownership and maintenance of
proposed Outlot C needs to be addressed by agreement.
D. Dedication of Controlled Access along 40th St SW, with the exception of
the single approved access opening, is required on the Final Plat.
E. Ownership and perpetual maintenance of the Outlots needs to be
addressed in the Development Agreement.
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F. Execution of a City-Owner Contract, and dedication of all applicable
public easement is required prior to constructing public infrastructure to
serve this development.
G. Dedication of parkland must be met prior to submittal of final plat.
H. Boulevard trees are required for this development. Prior to recording the
Final Plat, the applicant must make applicable cash payment to the
Rochester Park & Recreation Department, or submit a planting plan and
obtain a planting permit from the City Forester.
I. Prior to final plat approval, both proposed roadways in this plat will need
to be named. Provide proposed roadway names to the GIS Addressing
staff for approval.
J. Fees / 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) Transportation Improvement Obligations
(4) Storm Water Management
(5) Traffic signs as determined by the City of Rochester Traffic
Division
(6) Pedestrian facilities/ramps
(7) Street signs as determined by the City Engineer
(8) Plant Investment Fee (PIF)
6. At its July 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, deleted condition of approval #A, and recommended approval of the General
Development Plan application subject to the above remaining nine conditions of approval
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(conditions #B - #J).
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7. At the August 21 public hearing before the Common Council, the Council
amended condition of approval #G so as to read as follows:
G. Prior to final plat submittal, the Park Department must approve the
manner in which the applicant satisfies its parkland dedication
requirement.
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8. At the August 21 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 as amended above.
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9. At the August 21 public hearing before the Common Council, the Common
Council concurred with and adopted as its own the findings of fact and recommendation of the
Planning and Zoning Commission subject to the nine conditions of approval as described and
amended above (conditions #B - #J).
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.
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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
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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 August 21,
2017, public hearing, it is hereby determined by the Common Council of the City of Rochester that
General Development Plan #346 complies with the requirements of §61.215, subd. 2 subject to the
satisfaction of the nine conditions of approval as described and amended above (conditions #B -
#J).
ORDER
The Common Council of the City of Rochester, pursuant to R.C.O. §61.215, subd. 2, does
hereby approve General Development Plan #346 subject to the satisfaction of the nine conditions
of approval as described and amended above (conditions #B - #J).
Dated at Rochester, Minnesota this _____ day of August, 2017.
____________________________________
Randy Staver
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President of the Rochester Common Council
Approved at Rochester, Minnesota this _____ day of August, 2017.
______________________________
Ardell F. Brede
Mayor of the City of Rochester
FOF.Zone15\\GDP\\346
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