HomeMy WebLinkAboutResolution No. 475-11 •
RESOLUTION
WHEREAS, Northwest Investments of LaCrosse, LLC, requested approval of land
disturbing activities associated with General Development Plan #299 that will involve grading
that changes the elevation by more than ten feet in areas. Section 62.1101, subd. 2(1),(e) of the
Rochester Code of Ordinances defines such activity as a "Substantial Land Alteration". The
property is located along the north side of Valleyhigh Road N.W., along the west side of West
Circle Drive and east of the Badger Hills Development; 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;
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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 October 3, 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.
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• 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, ground water
or surface water quality. The area proposed for removal of material is
located along the top of the high points of property. Fill over ten feet will
occur in the lower portions of the property. 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. A portion of the wetland is proposed to be filled.
Therefore, a wetland replacement plan is required and will be handled
under a separate review process.
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. 6. The result of the proposed activity will be compatible with development
existing to the west and anticipated in the future. The finished result of
the grading work will allow for development that is consistent with the land
use plan and plans for road extensions and new roads serving this area
and adjacent developable land to the west.
7. The grading will be confined to the property and should not affect the use
and enjoyment of adjacent properties.
8. The grading will take place in one phase during the construction season of
2012.
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. A portion of the existing wetland on the site is proposed to be
filled. Prior to grading the wetland, the applicant must receive city
approval of a wetland replacement plan.
12. The grading work is expected to be completed in one construction
season. 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. A surety will be required for the wetland replacement plan
unless wetland credits are purchased from a wetland bank by the
applicant.
15. The grading and drainage plan will need to be approved by the Rochester
Public Works Department prior to any grading on the property.
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16. The property is not located within the Decorah Edge or the Cummingsville
Formation that are within 1,000 feet of Edge Support Areas.
17. Provisions will be made to direct intercepted groundwater flow to
stormwater ponds. This site is within the Drinking Water Supply
Management Area for Well #35; 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 of a wetland
replacement plan 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 of LaCrosse, LLC, associated with General Development Plan #299
that will that will involve grading that changes the elevation by more than ten feet in areas
subject to the above two conditions.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS rC� DA F D�'�C/b�r' , 20 1.
PRESIDENT OF SAID OMMON COUNCIL
ATTEST: �Wo-u v1
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APPROVED THIS DAY OF D ao by r- , 2011.
ZA&.4 9%1 T—
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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