HomeMy WebLinkAboutFinding of Fact - GeneralDevelopmentPlan#348.WestridgeHillsSubdivision
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
___________________________________
In Re: General Development Plan Findings of Fact,
#348 (Westridge Hills Subdivision) Conclusions of Law,
and Order
___________________________________
On October 16, 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 September 27, 2017, in response to the application for General Development Plan
#348 (Westridge Hills Subdivision).
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At the October 16 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 September 27, 2017, public hearing on this application, the Planning and
Zoning Commission considered the issue of whether General Development Plan #348 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 GDP proposes low-density residential development. This is
consistent with the land use designation for the property.
Prior to Final Plat submittal, the site shall be annexed into the City of
Rochester. Upon annexation approval, the site will be zoned R-1x (Mixed
Single Family Extra) on the Rochester zoning map.
B. The density and lot sizes for development appear consistent with the
Land Use Plan.
During the platting process, the Owner shall be required to dedicate any
mid-block pedestrian connections on separate Outlots and construct the
required pedestrian path connections within the Outlots.
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C. The plan identifies multiple mid-block pedestrian connections and allows
for future connections to the west and east of the site if/when the adjacent
land is developed.
Sidewalks will be required on both sides of all proposed public streets.
D. The development density is consistent with a Low Density Residential
land use designation of the land use plan. The GDP is consistent with the
Housing Plan and the standards for the physical and social environments
of residential neighborhoods.
E. Public facilities will need to be extended and/or improved to serve the
property. Any necessary improvements to surrounding roadways will be
addressed in the Development Agreement.
F. Off site improvements to trasnportation facilities will be required. Other
public facilities will need to be extended and/or improved to serve the
property.
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Additional right of way will need to be dedicated for 48 Street SW at the
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time of platting and access control will need to be dedicated along 48
Street SW and along the new proposed intersecting public roadway.
Pedestrian facilities will be required within the development and along
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48 Street SW.
This area is within the Willow High Level Water System Area, which is
temporarily being served from the Airport High Level Water System
through a pressure reducing station. The existing temporary system has a
limited capacity to serve this area. The connection to this system is
located north of 48th St SW at the intersection of Scenic Oak Dr. SW.
The static water pressures within this area will temporarily range from 45
to 84 PSI (current temporary system) depending on final grades. The
future static pressures in this area will range from 56 to 99 PSI (ultimate
system). The builders must install pressure-reducing devices near the
domestic water meters as required by the Minnesota Plumbing Code in
higher pressure areas (buildings with MFF below approx. El. 1180) based
on the future pressures.
The water main in the cul-de-sac streets must be looped and water mains
must be extended to adjacent properties per our requirements.
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
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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.
Execution of a City-Owner Contract, and dedication of all applicable
public easements, is required prior to constructing public infrastructure to
serve the development.
Detailed construction plans will need to be approved for all infrastructure
improvements.
This development will need to be phased to provide concurrence with
adequate public facilities.
G. An approved Grading and Drainage Plan is required for this development
prior to the submittal of the Final Plat.
H. This site has wetlands and Decorah Edge features. An area of hydric
soils is identified in the northwest of the site on Outlot A. Additional
environmental features exist on site and must be identified on the plan.
A wetland delineation will be required prior to the approval of the grading
plan.
The development will be required to follow the rules and regulations
outlined in the City’s Wetland Conservation Ordinance.
I. The lot and block layout appears generally consistent with the applicable
regulations and will reviewed in detail at the time of platting.
J. The GDP indicates 79.31 acres of land; rounding up the fraction of an
acre to the next whole, the GDP meets this criterion.
It is anticipated that a Development Agreement will be executed.
K. The proposed development is consistent with the Comprehensive Plan
and Complete Streets Policy. All public streets will be required to have
sidewalks, and the development proposes multiple mid-block connections.
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L. Building footprints are not identified on the Plan.
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 must be updated with the following
information:
(1) Identification of hydric soils in the southwest corner of the site.
(2) Identification of Decorah Edge Support Areas along the northern
boundary of the site.
(3) Identification of proposed 2.196 acres of parkland dedication.
(4) Label the mid-block connection connecting Public Street A to
Public Street D.
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. Execution of a City-Owner Contract, and dedication of all applicable
public easements, is required prior to constructing public infrastructure to
serve the development.
D. Ownership and perpetual maintenance of proposed Outlot “A” shall be
addressed as part of the development agreement and grading plan
approval.
E. An approved Grading and Drainage Plan is required prior to final plat
approval.
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F. Parkland dedication will be required concurrent with the recording of the
final plat.
G. A wetland delineation will be required prior to approval of the Grading and
Drainage Plan.
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H. Dedication of controlled access along 48 Street SW, with the exception
of the single approved access opening, will be required on the Preliminary
Plat.
I. The 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.
6. At its September 27, 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 nine conditions of approval.
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7. At the October 16 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 October 16 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
above.
CONCLUSIONS OF LAW
1. R.C.O. §61.215, subd. 2, provides that the Council shall approve a general
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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.
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
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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.
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:
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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.
3. By a substantial amount of the evidence and testimony presented at the October 16,
2017, public hearing, it is hereby determined by the Common Council of the City of Rochester that
General Development Plan #348 complies with the requirements of §61.215, subd. 2 subject to the
satisfaction of the nine conditions of approval as described above.
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ORDER
The Common Council of the City of Rochester, pursuant to R.C.O. §61.215, subd. 2, does
hereby approve General Development Plan #348 subject to the satisfaction of the nine conditions
of approval as described above.
Additionally, the Council does hereby approve the Applicant’s request to extend the validity
of General Development Plan #348 from two to five years as permitted by R.C.O. §61.216.
Dated at Rochester, Minnesota this _____ day of October, 2017.
____________________________________
Randy Staver
President of the Rochester Common Council
Approved at Rochester, Minnesota this _____ day of October, 2017.
______________________________
Ardell F. Brede
Mayor of the City of Rochester
FOF.Zone15\\GDP\\348
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