CHAPTER 61 - LOT AND SITE DEVELOPMENT APPROVAL PROCECURES

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61.210 GENERAL DEVELOPMENT PLAN

This document, through the use of site plans and/or written materials, serves as a guide to the on and off site capital facilities required to meet the City’s level of service standards for adequate public facilities, density, intensity, land uses, thoroughfares, pedestrian and bicycle ways, trails, parks, open space, and future lot, street and drainage patterns established for a site in the subdivision process. It is the intent of the general development plan requirement to insure that a landowner investigates the broad effects development of property will have not only on the site itself, but on adjacent properties and the on and off site public infrastructure system. Approval of a general development plan shall constitute approval of the conceptual land use mix, development intensity, general street patterns, drainage patterns, lot patterns, parks and open space lands, and the general layout of walkway easements, pedestrian ways and bicycle trail thoroughfares, provided that these are consistent with the comprehensive plan (where a change in a zoning district is contemplated or with regard to a transportation system characteristic) and zoning district requirements and may be modified in conjunction with subsequent approvals if additional information reveals development constraints that are not evident during general development plan review. Modifications to the plan may be required, based on specific information presented during land subdivision or site development plans. An amendment to the comprehensive plan may be approved concurrently with the general development plan. A general development plan may be processed simultaneously with a rezoning or plan amendment request.

61.211 When a General Development Plan is Required:

Subdivision 1.  Approval of a General Development Plan shall be required for any site where the eventual platting of the property involves approval of a Type III land subdivision permit. A General Development Plan also shall be required for land use plan amendments and for any upzoning to the R-1x, R-2, R-3, R-4, M-1, M-2, B-1, B-4 and B-5 zoning districts and for the division of any land zoned as such, except where the General Development Plan, land use plan amendment or upzoning is initiated by the City. No Type III land subdivision permit shall be approved until a General Development Plan for the property has been approved. A General Development Plan is not required for Type I and II applications for which no TIR is required pursuant to section 61.520 and no new street connections are necessary.

Subd. 2.        Except within the Decorah Edge as defined in chapter 59, a General Development Plan shall not be required for any portion of an area for which a general development plan has previously been approved by the Council, or where the zoning administrator determines that new proposed streets need not continue beyond the land to be subdivided in order to complete an appropriate street system or to provide access to adjacent property. Within the Decorah Edge, any General Development Plan approved prior to October 1, 2006, that has remained in effect in accordance with the provisions of section 61.216 as of October 1, 2006, shall be exempt from the special protections afforded Edge Support Areas and Groundwater Supported Wetlands addressed in section 59.06 and from the standards applied to Substantial Land Alterations in section 62.1105 and shall remain in effect until October 1, 2011. After October 1, 2011, remaining portions of the General Development Plan and any proposed subdivision plats for the area of the General Development Plan must be brought into compliance with provisions of chapter 59 and of this ordinance applying to the Decorah Edge, Groundwater Supported Wetlands, and Edge Support Areas. The effect of this exemption shall apply to the conceptual land use mix, development intensity, street patterns, drainage patterns, lot patterns, parks and open space lands, and the general layout of walkway easements, pedestrian ways and bicycle trail thoroughfares as identified in the General Development Plan. The exemption shall also apply to grading and other construction activities only to the extent made necessary by the approved General Development Plan. Where by provisions of development agreements or other action the Council has committed to elements of a General Development Plan for a longer period of time than the five years provided above, the longer period shall apply.

Subd. 3.        The Council shall have the authority to initiate a General Development Plan for an area for which there is no proposal for subdivision, provided the general development plan is given consideration under the Type III procedure.

Subd. 4.        Except as provided in subdivision 3, a General Development Plan application may be initiated by the owner of property subject to the General Development Plan and consistent with section 61.214, subd. 2(B).

Subd. 5.        The Zoning Administrator may waive the requirement of a General Development Plan for an up-zoning of property, as provided in this section, when all of the following criteria are met:

The proposed re-zoning is consistent with the land use designation on the adopted Rochester Urban Service Area Land Use Plan;
The property is not within the Decorah Edge as defined in chapter 59;
The property is developed with a floor area ratio of at least 0.25; and
The proposed re-zoning includes all of the contiguous land under the ownership or control of the property owner and the total of such contiguous parcels is not more than one acre in size; and
No new right-of-way, street or utility easement is needed to accommodate the orderly development of the subject parcel and abutting property.

Subd. 6. In addition to the criteria provided in subdivision 5, the Zoning Administrator may waive the requirement of a General Development Plan for an up-zoning of property, as provided in this section, when there is a potential need for street or utility easement, drainage easement, access easement or street easement, and that need has been resolved to the satisfaction of the Council.

61.212 General Development Plan Procedure:

All General Development Plans shall be processed through the Type III Review procedure under a Phase II hearing process.

61.213 Notification Requirements:

Notices for the required public hearing shall be sent as provided in Section 60.630.

61.214 Submission Criteria

Subdivision 1. Appendix B outlines the information that must be submitted with an application of a General Development Plan. The plan must show the density, intensity, land uses, pedestrian and bicycle ways, trail thoroughfares, parks, open space and pattern of future streets within the development, and possible off-site drainage situations affecting other tracts within 500 feet surrounding and adjacent to the proposed land subdivision. The City Engineer may reduce the distance subject to a drainage analysis to 200 feet where stormwater is channeled into an existing drainage facility that is designed to carry projected runoff and is located within 200 feet of the site, or where the drainage plan is found to be consistent with the Stormwater Management Plan, or adopted drainage and stormwater policies.

Subd. 2. In addition to the information required in subdivision 1 of this section, every application for a General Development Plan must show one of the following:

The proposed development is 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;
The proposed development 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.

Subd. 3. If applicable, the applicant must provide the information required by Chapter 59.

61.215 Criteria for Approval of a General Development Plan

In approving a general development plan, the Council must make each of the following findings:

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.
The proposed development, including its lot sizes, density, access and circulation, is compatible with the existing and/or permissible future use of adjacent property.
The mix of housing is consistent with adopted Land Use and Housing Plans.
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.
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 must 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 must 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.
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.
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, that the Council may waive this requirement under the provisions of Chapter 59.
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.
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.

61.216 Approval and Filing of a General Development Plan:

Except as provided in Section 61.211 for properties affected by provisions of Chapter 59 pertaining to the Decorah Edge, groundwater supported wetlands, or Edge Support Areas, the approval shall be valid so long as the applicant receives a valid subsequent development permit within two years of the General Development Plan approval. Except as provided through a subsequent development approval, development agreement, or action by the Council, the General Development Plan shall expire if no construction activity or subsequent development approval occurs for any two-year period. Upon final approval, a General Development Plan shall be made a matter of record as follows:

The criteria for approval by the City Council shall be noted in their official minutes;
The approved plan shall be indexed and filed by the zoning administrator in the office of the Rochester-Olmsted Planning Department.

61.217 General Development Plan Amendment:

Amendments to General Development Plans may be initiated by the owner of property within the General Development Plan area or by the Common Council subject to the following provisions:

Minor Amendments: Minor amendments may be approved by the Zoning Administrator pursuant to the Type I review procedure established in Section 60.510.
1. Minor amendments shall include the following changes:
  1. Changes in the internal alignment of roads that do not affect external properties;
  2. Changes in internal parcel boundaries that do not abut external property lines;
  3. Changes in setbacks along internal property lines;
  4. Changes in the routing of trail thoroughfares and pedestrian ways; and
  5. Changes in the orientation of buildings on internal parcels.
2. No minor change authorized by this section may cause any of the following:
  1. Change in the permitted uses or of development character;
  2. Increased intensity of use (as measured by the number of dwelling units or square feet of non-residential building area) of greater than 5%, provided that no increase shall exceed zoning density limits;
  3. Increased trip generation or demand for public utilities of greater than 5%, provided that no additional demands shall exceed capacities for safe operation of streets and utilities;
  4. Decreased public or private open space area of greater than 5%; or
  5. Increased volume or velocity of stormwater runoff from the development of greater than 5%, provided that the increases shall not exceed facility capacities and adopted stormwater management standards.
Major Amendments: All other changes to an approved General Development Plan, whether initiated by the Common Council or the owner of property subject to the proposed changes in the General Development Plan, shall be processed as a Type III, Phase II application pursuant to Section 62.215. For any changes proposed by the Common Council, the owner of property subject to the General Development Plan shall be notified by the City a minimum of 30 days in advance of any hearings or actions which amend an approved General Development Plan.

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Page Last Modified On: Monday, January 28, 2008