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HomeMy WebLinkAboutResolution No. 153-11 • RESOLUTION WHEREAS, Northwest Investments, LLC, requested approval of land disturbing activities associated with General Development Plan #298 that will involve cut and fill work exceeding a ten-foot vertical cut or a ten-foot vertical fill in one or more locations. Section 62.1101, subd. 2(A)(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 19th Street N.W., and along the east side of West Circle Drive; 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 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; 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; and, WHEREAS, on March 21, 2011, 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 grading involves cuts and fills that will result in the creation of more level areas within the site. The applicant will be required to meet the standards of the city that is applied through a review and decision on the grading/stormwater plan. 2. 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 material that is graded will remain on site according to the applicant. • 3. All materials will stay on-site. It will not be necessary to truck in fill or haul fill from the site,which will minimize the impact on the surroundings roads. 4. The proposed excavation work should not affect air quality or ground and surface water quality. Air quality may be temporarily affected due to the heavy equipment operating on site and dust. Dust control will be addressed through the grading plan. 5. The proposed grading work should not adversely affect the 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 development. If any wetlands are proposed to be filled, a wetland replacement plan is required and will be handled under a separate review process. 3 • 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 the existing development to the north and east. 7. The grading will be confined to the property except for two areas on city property and should not affect the use and enjoyment of adjacent properties. 8. The grading will take place in one phase. There are no residential areas adjacent to the property. 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. 10. The grading and drainage plans will need to be reviewed and approved by the City. On-site stormwater management will be required for the development. 11. The areas of grading do not contain sinkholes and should not affect the • ground water or surface quality once restoration and stabilization is completed. If any wetlands are proposed to be filled, a wetland replacement plan is required and will be handled under a separate review process. 12. The grading work is expected to be completed in one phase. The duration seems appropriate for this type of activity and the size of the 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 site will be fully restored after the 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-contract, 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. • 4 • 16. The property is not located within the Decorah Edge or the Cummingsville Formation that are within 1,000 feet of Edge Support Areas. The planned activity does not directly affect any of the current drinking water Supply management areas. 17. Grading and stormwater management will direct all surface water and shallow groundwater into stormwater treatment basin; 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 if the following two conditions of approval are satisfied: 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, • 2. The applicant must apply for and receive approval from the LGU on wetland applications necessary prior to the commencement of grading. 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 Northwest Investments, LLC, associated with General Development Plan #298 that will involve cut and fill work exceeding a ten-foot vertical cut or a ten-foot vertical fill in one or more locations subject to the above two conditions. • 5 PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS z 5r DAY W F liY1ARCk1 , 2011 PRESIDENT OF SAID COMMON COUNCIL ATTEST: TY CLERK APPROVED THIS 22ud DAY OF MAQt-1 , 2011. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Zone 10\S ubLa ndA!t\02 6