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HomeMy WebLinkAboutResolution No. 308-13f • RESOLUTION WHEREAS, Hoffman Construction Company requested approval for Conditional Use Permit #R2013-017CUP Project Site Modification to the approved Substantial Land Alteration associated with the Prairie Crossing Subdivision. The applicant is proposing to place four additional feet of fill on the property. The property is located east of Trunk Highway 52, north of 65th Street N.W., and west of Larkspur Parkway N.W.; and, WHEREAS, the Substantial Land Alteration is subject to specific findings listed in Section 62.1105, as well as the standards that apply to every conditional use permit found in Section 61.146; and, WHEREAS, R.C.O. § 62.1105 states that the City must approve a conditional use permit I uthorizing 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 or planned development, public facilities, open space resources and other natural resources; 1 • G. The activity will not unduly affect the use and enjoyment of adjacent properties; is H. The site plan provides for adequate buffers and screening year-round from unsightly features of the excavation operation; 1. 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; and, WHEREAS, on June 17, 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 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. 2 • Subd. 7. Not applicable. Subd. 8. Not applicable. Subd. 9. Not applicable. Subd. 10. Not applicable; 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 activity should not result in 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. 2. The grading plan for this project needs to be approved bpi the Rochester Public Works Department and it will document the extept of the work. Noise and dust control will need to comply with City standards. 3. The equipment conducting the grading work on the property will also be the equipment utilized to move the earth. Materials will be hauled from the 65th • Street interchange project which is close to the property. 4. The proposed excavation work should not affect air quality or ground and surface water quality. 5. The proposed grading work should not adversely affect th scenic quality of Rochester. There will not be any steep slopes or exposed rock faces. The natural topography of the area is being re -graded to provide adequate slopes for commercial development and public roadways. 6. The result of the proposed activity will be compatibl 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 affect the use and enjoyment of adjacent properties. -8. The grading will only take place during the construction of project at 65th Street N.W. Noise and dust control will nee City standards. 3 the interchange I to comply with s • • • 91 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, lea 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 grading will be taking place on already graded lands. 12. The grading work is expected to be completed in one phase during the construction of the 65 th Street interchange project. 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. 14. Surety will need to be provided that guarantees the s1te will be fully restored after the completion of the excavation activity. 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 th Cummingsville Formation. 17. The property has already been graded; and, WHEREAS,, the Planning and Zoning Commission recommended approval of the substantial land , alteration ' activity based upon the above findings of fact subject to two conditions of approval; and, WHEREAS, the Applicants have shown by a preponderance of th evidence submitted at the public hearings that its application satisfies the above criteria subj ct to the imposition of conditions of approval. NOW, THEREFORE, BE IT RESOLVED by the Common c Rochester that, based upon the above -stated findings of fact, the Appli preponderance of the evidence submitted at the public hearing that it criteria subject to the successful completion of the conditions of approval. 2 ouncil of the City of ,ants have shown by a ias satisfied the above • BE IT FURTHER RESOLVED that the conditions of approval are as follows: 1. The applicant shall provide surety in a form and amount acceptable to the City Engineer that guarantees the site will be fully restored after the completion of the excavation activity. Said surety must be orovided prior to commencement of grading activities on the property. 2. Grading and drainage plan approval is required prior to grading activity commencing on the property. BE IT FURTHER RESOLVED that the City approve Conditional Use Permit #R2013- 017CUP Project Site Modification to the approved Substantial Land Alteration associated with the Prairie Crossing Subdivision requested by Hoffman Construction Company subject to the above two conditions. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS DAY CIF , 2013. PRESIDENT F SAID COMON COUNCIL •ATTEST: U PZPUTv CI CLER APPROVED THIS DAY OF , 2013. (Seal of the City of Rochester, Minnesota) Zonel MubLandAMCUP1317 • 5 I/ r MAYOR OF SAID CITY