HomeMy WebLinkAboutResolution No. 021-18 (b) - OakVenturesOfRochester, LLC.ApproveSubstantialLandAlteration
RESOLUTION
WHEREAS, Oak Ventures of Rochester, LLC requested approval of land disturbing
activities associated with Preliminary Plat #R2017-034PLAT that will involve moving 500 cubic
yards or more of earth that involves a change in the natural or pre-existing grades of ten or more
vertical feet for any portion of the parcel. Section 62.1101, subd. 2(A),(1),(d) of the Rochester
Code of Ordinances defines such activity as a “Substantial Land Alteration.” The property is
located south of Scanlan Lane N.E., east of Century Valley Road NE, and west of Shannon
Oaks Boulevard N.E.; and,
WHEREAS, R.C.O. § 62.1105 states that the City must approve a conditional use permit
authorizing an excavation activity if the applicant satisfies all of the requirements of Section 61.146
and, in addition, satisfies the following findings:
A. The activity will not result in a danger to life or property due to (1) steep or
unstable slopes, (2) unsafe access to the property, (3) excessive traffic, or (4)
proximity to existing or planned residential areas, parks and roadways;
B. Visual, noise, dust, and/or excessive on- or off-site environmental impacts on
public parks, roadways and residential areas can be adequately mitigated by the
Applicant and a fully detailed plan is submitted by the Applicant to demonstrate
the mitigation methods to be used, the cost of such mitigation, the source of
funds for such mitigation, and adequate legal assurance that all of such
mitigation activities are carried out;
C. The use of trucks and heavy equipment will not adversely impact the safety and
maintenance of public roads providing access to the site, or such impacts will be
mitigated;
D. The proposed use will not adversely affect air quality or ground water or surface
water quality;
E. The proposed use will not adversely affect the scenic quality of Rochester or the
natural landscapes, environment, wildlife and wildlife habitat; or if such effects
are anticipated to occur, the reclamation plan provides for adequate restoration
of the site following completion of the excavation activity;
F. The activity will be compatible with existing development and development
anticipated in the future, including other uses as shown in the Comprehensive
Plan, including but not limited to: patterns of land use, recreational uses, existing
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or planned development, public facilities, open space resources and other
natural resources;
G. The activity will not unduly affect the use and enjoyment of adjacent properties;
H. The site plan provides for adequate buffers and screening year-round from
unsightly features of the excavation operation;
I. The reclamation plan provides for adequate and appropriate restoration and
stabilization of cut and fill areas;
J. The excavation activity will not result in negative impacts on drainage patterns or
stormwater management facilities;
K. The proposed activity will minimize impacts on sinkholes, wetlands and other
natural features affecting ground water or surface water quality;
L. The intensity and the anticipated duration of the proposed excavation activity is
appropriate for the size and location of the activity;
M. Permanent and interim erosion and sediment control plans have been approved
by the City;
N. Surety has been provided that guarantees the site will be fully restored, after
completion of the excavation activity, to a safe condition, and one that permits
reuse of the site in a manner compatible with the Comprehensive Plan,
neighborhood plans, the Land Use Plan and applicable City policies;
O. The proposed activity complies with the requirements of the adopted building
code;
P. For areas of the Decorah Edge or the Cummingsville Formation that are within
1,000 feet of Edge Support Areas, groundwater supported wetlands, or wellhead
protection emergency response area and delineated by Rochester Public
Utilities for municipal wells, the land alteration is the minimum amount necessary
to develop at the site capacity determined in accordance with Section 61.532;
Q. For any areas in which groundwater flows may be intercepted by excavation,
provision is made to direct such flows to managed wetlands for treatment and re-
infiltration, if feasible; and,
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WHEREAS, on January 3, 2018, the City of Rochester Common Council held a public
hearing on this Substantial Land Alteration application, reviewed the application according to the
requirements of R.C.O. § 61.146, subd. 1, and concluded none of the required findings that would
support denial of the application could be made; and,
WHEREAS, the City of Rochester Common Council also reviewed the application
according to the requirements of R.C.O. § 62.1105 and made the following findings:
1. The project is not a danger to life or property. The SLA area is relatively
small in size. During the excavation activity, there will be minimal impact
on the adjacent land, parks and roadways.
The slopes will not be steep or unstable and will result in finished,
mowable lots at a 3:1 – 4:1 slope. Traffic during grading will be at levels
common to a development of this type and will be limited to contractors
and trucks delivering/hauling materials.
2. The construction activities for the SLA are similar to the construction
activities used to construct the existing subdivisions in the area. Any
nuisances associated with the SLA can be minimalized to lessen the
effect on the residents in the area. There will be an erosion control plan
required with the Grading Plan.
3. There will not be an excessive amount of truck traffic beyond what is
normal for grading activity in a newly platted area. The movement of
materials is primarily onsite and will not impact public roads.
4. The proposed use is single family residential and will not adversely affect
air quality, ground water, or surface water quality.
5. The proposed use of the site will be single family detached homes, which
is consistent with surrounding development.
6. The use is consistent with the GDP that has been approved for the
property.
7. The SLA area is relatively small and the excavation activity is unlikely to
affect adjacent properties beyond that of normal grading activities. This
SLA will remove stockpiled material that was placed on the site during
previous grading activity. The activity will not grade lower than the
original grade of the site.
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There will not be an excessive amount of truck traffic beyond what is
normal for grading activity in a newly platted area and the grading
activities are confined to the plat site, and a neighboring site with the
owner’s approval. The grading activity will use normal construction
practices during allowable working hours to limit any disturbance to
neighboring property owners.
8. Excavation/embankment will allow the roadway connections identified as
part of General Development Plan R00138GDP. The excavation activity
will be short term so buffers and screening will not be required.
9. This criterion will be verified in the grading plan approval process.
10. This criterion is met and will be verified in the grading plan approval
process.
11. There are no known sinkholes identified on the property. Maintenance
and BMP’s will address surface and groundwater quality concerns.
12. The SLA is on a relatively small portion of the development site. The
excavation activity should only take one construction season, and is
required in order to make the road connections approved in General
Development Plan R00138GDP.
13. This criterion will be verified in the grading plan approval process.
14. This would be established in the development agreement.
15. This criterion is met and will be verified in the grading plan approval
process.
16. The SLA site is within the Decorah Edge and within 1000 feet of Edge
Support Areas. The SLA activity will be on a relatively small portion of a 9
acre site, and the cut required to adequately grade the site is reasonable
for the proposed future use.
The applicant has provided an updated site capacity calculation
identifying steep slopes, wetlands, and edge support areas. The density
for the proposed use is within the allowable density for the site. The
proposed future use is reasonable, with reasonable grades. The
proposed SLA wishes to remove previously stockpiled material from the
site for the extension of Shannon Oaks Boulevard. The excavation
activity is not anticipated to grade the site lower than the original grade of
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the site. All grades will be verified in the grading plan approval process;
and,
17. The project is not anticipated to intercept groundwater flows; and,
WHEREAS, the Planning and Zoning Commission recommended approval of the
substantial land alteration activity based upon the above findings of fact.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that, based upon the above-stated findings of fact, the Applicant has shown by a substantial
weight of the evidence submitted at the public hearing that it has satisfied the criteria found at
sections 61.146 and 62.1105 of the Rochester Code of Ordinances.
BE IT FURTHER RESOLVED by the Common Council that the City does approve the
proposed conditional use permit authorizing the Substantial Land Alteration activity as proposed
by Oak Ventures of Rochester, LLC, associated with Preliminary Plat #R2017-034PLAT that will
involve moving 500 cubic yards or more of earth that involves a change in the natural or pre-
existing grades of ten or more vertical feet for any portion of the parcel.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2018.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2018.
__________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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