HomeMy WebLinkAboutFinding of Fact - WillowHeightsFifth.LandSubPermit.R2017-019
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
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In Re: Land Subdivision Permit #R2017-019 Findings of Fact,
Willow Heights Fifth Conclusions of Law
And Order
________________________________________
On August 21, 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 July 26, 2017, in response to Land Subdivision Permit (Preliminary
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Plat) #R2017-019. At the August 21 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) #R2017-019 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.
R. All lots within the floodplain districts are able to contain a building
site outside of the Floodway District at or above the regulatory
flood protection elevation.
S. For all subdivisions in the floodplain, the Floodway, Flood Prone,
and Flood Fringe District boundaries, the regulatory flood
protection elevation and the required elevation of all access roads
are clearly labeled on all required subdivision drawings and
platting documents.
T. All subdivisions must have road access both to the subdivision
and to the individual building sites no lower than two feet below
the regulatory flood protection elevation.
U. Subdivision proposals must be reviewed to assure that:
(1) All such proposals are consistent with the need to minimize
flood damage with the floodplain area;
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(2) All public utilities and facilities, such as sewer, gas, electrical,
and water systems, are located and constructed to minimize or
eliminate flood damage; and,
(3) Adequate drainage is provided to reduce exposure of flood
hazard.
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 #R2017-019 satisfied the requirements of R.C.O. §61.225 if the following
nine conditions are imposed:
A. The preliminary plat shall include additional information showing
the intent for public or private ownership of outlots within the
subdivision. If private ownership of outlots and maintenance of
storm water facilities is intended, a home owners association
document will be required at the time of final plat submission.
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.
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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.
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. 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 (WAC)
(2) Sewer Availability Charge (SAC)
(3) Transportation Improvement Obligations
(4) Storm Water Management
(5) Traffic signs as determined by the City of Rochester
Engineer
(6) Pedestrian Facilities/Ramps
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(7) Street signs as determined by the City Engineer
(8) Plant Investment Fee (PIF) collected for individual lots at
the time of Building Permit approval process
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5. 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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6. At the August 21 public hearing, the Applicant’s representative agreed with the
above nine conditions as recommended by the Planning and Zoning Commission as amended
above.
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7. At the August 21 public hearing, the Council agrees with and adopts as its own the
findings of fact, conditions of approval, and recommendation proposed by the Planning and
Zoning Commission as amended above.
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
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
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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;
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
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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.
R. All lots within the floodplain districts are able to contain a building
site outside of the Floodway District at or above the regulatory
flood protection elevation.
S. For all subdivisions in the floodplain, the Floodway, Flood Prone,
and Flood Fringe District boundaries, the regulatory flood
protection elevation and the required elevation of all access roads
are clearly labeled on all required subdivision drawings and
platting documents.
T. All subdivisions must have road access both to the subdivision
and to the individual building sites no lower than two feet below
the regulatory flood protection elevation.
U. Subdivision proposals must be reviewed to assure that:
(1) All such proposals are consistent with the need to minimize
flood damage with the floodplain area;
(2) All public utilities and facilities, such as sewer, gas, electrical,
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and water systems, are located and constructed to minimize or
eliminate flood damage; and,
(3) Adequate drainage is provided to reduce exposure of flood
hazard.
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 August 21,
2017, hearing, it is hereby determined by the Common Council of the City of Rochester that Land
Subdivision Permit #R2017-019 complies with the requirements of R.C.O. §61.225, subd. 2, if the
Applicant satisfies the nine conditions of approval recommended by the Planning and Zoning
Commission as amended above.
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) #R2017-019 subject to the nine
conditions of approval recommended by the Planning and Zoning Commission as amended
above.
Dated at Rochester, Minnesota this _____ day of August, 2017.
________________________________
Randy Staver
President of the Rochester Common Council
Approved at Rochester, Minnesota this _____ day of August, 2017.
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______________________________
Ardell F. Brede
Mayor of the City of Rochester
Fof.Zone15\\LandSub\\1719
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