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HomeMy WebLinkAboutResolution No. 277-11 (2) RESOLUTION • WHEREAS, Mayo Clinic requested approval for Conditional Use Permit #R2011-005CUP to allow for a Substantial Land Alteration to allow grading work that involves more than ten feet of fill on a portion of the property. The grading work is being done to allow for the construction of a data center; and, WHEREAS, this application proposes grading work to occur east of West Circle Drive, west of the Lincolnshire North Fifth Subdivision, and south and west of the Douglas Trail; 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 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 • l 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; and, WHEREAS, on June 6, 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 2 approve the grading and drainage plan for this work. This plan must • accommodate permanent and interim erosion and sediment control. 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 fills that will result in the creation of more level areas within the site. The applicant will be required to imeet 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. The grading activity will take approximately one month. 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. • 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 will need to comply with the standards of the Mayo Support Campus Special District. 7. The grading will be confined to the property and should not affect the use and enjoyment of adjacent properties.' 8. The grading activity on the site will take approximately one month to complete. The applicant will need to complete all of the requirements of the grading plan. 9. The grading and drainage plan will need to provide the proper restoration and stabilization in accordance wi6 the adopted codes for the City of Rochester. 10. The grading will not result in negative impacts to the drainage patterns. The grading plan will address existing drainage problems and correct on- site erosion. 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 area of grading does not contain sinkholes and will not affect the ground water of the subsurface water quality once restoration and stabilization is completed. 12. The grading work is expected to be completed in one phase lasting approximately one month. The duration seems appropriate for this type of activity and the size of the project. 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. 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. No excavation is proposed that would potentially impact groundwater flow and will remain in compliance with conditions of the grading permit; 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 the evidence submitted at the public hearings that its application satisfies the above criteria subject to the imposition of conditions of approval. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that, based upon the above-stated findings of fact, the Applicants have shown by a preponderance of the evidence submitted at the public hearing that it has satisfied the above criteria subject to the successful completion of the conditions of approval. BE IT FURTHER RESOLVED that the conditions of approval are as follows: • 1. Prior to grading occurring on the property, the applicant shall receive approval of a grading and drainage plan from the Rochester Public Works Department. 2. 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. BE IT FURTHER RESOLVED that the City approve Conditional Use Permit #R2011- 005CUP by Mayo Clinic subject to the above two conditions. 5 • PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS 7DA .- F CJT , 2011. PRESIDENT OF SAID COMMON COUNCIL ATTEST: CITY CLERK APPROVED THIS 7& DAY OF , 2011. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Zonel MubLandAMCUP1105 6