HomeMy WebLinkAboutResolution No. 169-13i
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RESOLUTION
WHEREAS, Menards, Inc., requested approval of land disturbing activities associated
with Final Plat #R2011-005PLAT that will involve the movement of more than 100,000 cubic
yards of material and change grades by more than ten feet in areas. Section 62.1101, subd.
2(1),(d),(e) of the Rochester Code of Ordinances defines such activity as a Substantial Land
Alteration". The property is located along the north side of 65th Street N.W., along the west side
of Trunk Highway 52; 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
anticipated in the future, includin
Plan, including but not limited to:
or planned development, public
natural resources;
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with existing development and development
I other uses as shown in the Comprehensive
iatterns of land use, recreational uses, existing
facilities, open space resources and other
• 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 excavatioi i 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;
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The proposed activity will minimize impacts on sinkholes, wetlands and other
natural features affecting ground water or surface water quality;
The intensity and the anticipated �uration of the proposed excavation activity is
appropriate for the size and locatioIn of the activity;
Permanent and interim erosion and sediment control plans have been approved
by the City;
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;
The proposed activity complies with the requirements of the adopted building
code;
For areas of the Decorah Edge o 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 deter lined in accordance with Section 61.532;
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 April 1, 2013, 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 made the following findings:
Subd. 2. Not applicable.
Subd. 3. Not applicable.
Subd. 4. Not applicable.
Subd. 5. Not applicable.
Subd. 6. The Rochester Public We
approve the grading and d
accommodate permanent
Subd. 7. Not applicable.
Subd. 8. Not applicable.
Subd. 9. Not applicable.
Subd. 10. Not applicable; and,
is Department will need to review and
linage plan for this work. This plan must
id interim erosion and sediment control.
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.
2.
3.
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The activity will not result in a danger to life or property. The slopes on
the site will be graded to be suitable for commercial pad sites. The
grading and drainage plans will need to comply with City standards and be
approved by the Rochester Public Works Department.
The grading plan for this project needs to be approved by the Rochester
Public Works Department and it will document the extent of the work.
Noise and dust control will need to comply with City standards.
The equipment conducting the grading work on the property will also be
the equipment utilized to move the earth. The excess material will be
used on the site. It will not be necessary to truck in fill or haul fill from the
site, which will minimize the impacon the surrounding roads.
The proposed excavation work should not adversely affect air quality or
ground water or surface water quality. Storm water detention ponds will
be created within the development,
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5. The proposed grading work shoul not adversely affect the scenic quality
of Rochester. There will not be any steep slopes or exposed rock faces.
The natural topography of the areais being re -graded to provide adequate
slopes for a commercial development and public roadways.
6. The result of the proposed activity will be compatible with existing
development and development anticipated in the future. The finished
result of the grading work will allow] for development that is consistent with
the land use plan and public roadways.
7. The grading will be confined to the property and should not unduly affect
the use and enjoyment of adjacent properties. The mass grading of the
property will be completed with the construction of the public roadways
within the development and the grading of pad sites for future commercial
development.
8. The grading will only take place during the phase of grading for the public
roadways and the creation of commercial pad sites. Noise and dust
control will need to comply with City standards.
9.
The grading and drainage plan will need to provide the proper restoration
and stabilization in accordance with the adopted codes for the City of
Rochester. All existing and proposed slopes will be restored after
completion of grading, either by paving or re -seeding the area.
10.
The grading and drainage plans will
need to be reviewed and approved by
the City. Stormwater management
will be required for the development.
11.
The property does not contain sinkholes. A wetland replacement plan
was approved in 2006 that allowed for the filing of the 2.93 acres of Type
2 wetlands on the property. The replacement plan allowed for 4.4 acres
of new wetland credits and 1.46 acres of public value credits in an existing
wetland bank located in Haverhill Township within the Zumbro River
watershed.
12.
The grading work is expected to be completed in one phase,. during the
grading for the public roadways within the development and construction
of the commercial pad sites. 1
13.
The Rochester Public Works Department will need to review and approve
the grading and drainage plan for this work. This plan must accommodate
permanent and interim erosion and sediment control.
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14. Surety has been provided that guarantees the site will be fully restored,
after completion of the excavation activity. This surety can be provided
through the owner -contract process for this development. If grading is to
occur prior to an owner-contrac , a separate surety will need to be
provided.
15. The grading and drainage plan will need to be approved by the Rochester
Public Works Department prior to any grading on the property.
16. The property is not located within the Decorah Edge or the Cummingsville
Formation.
17. Hydric soils are found on the property. However, a wetland replacement
plan has been approved by the City; and,
WHEREAS, the Planning and Zoning Commission recommended approval of the
substantial land alteration activity based upon th; 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 tfle public hearing that it has satisfied the criteria
found at sections 61.146 and 62.1105 of the Rochester Code of Ordinances if the following
•condition of approval is satisfied:
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1. The applicant shall provide surety that guarantees the site will be fully
restored after the completion of the excavation activity. Said surety must
be provided prior to commencement of grading activities on the property;
and,
BE IT FURTHER RESOLVED by the Co, mon Council that the City does approve the
proposed conditional use permit authorizing the Substantial Land Alteration activity as proposed
by Menards, Inc., associated with Final Plat #R2011-005PLAT that will involve the movement of
more than 100,000 cubic yards of material and hange grades by more than ten feet in areas
subject to the above condition.
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PASSED AND ADOPTED BY THE C
ROCHESTER, MINNESOTA, THIS /57-
ATTEST: 4 �"
CITY CLERK
APPROVED THIS 2-k-j DAY OF
(Seal of the City of
Rochester, Minnesota)
Wonel O\S ubLandAlt\04
C
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MON COUNCIL OF THE CITY OF
DAY OF—, 113P/a-V , 2013.
NCIL
AAYOR OF SAID CITY
2013.
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