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HomeMy WebLinkAboutResolution No. 248-09 • RESOLUTION WHEREAS, DKMC Development requested approval of land disturbing activities associated with Amended Preliminary Plat#R2007-004PLAT that would allow the modification of the grade on the property by more than ten feet. Section 62.1101(B)(1)(a) of the Rochester Code of Ordinances defines such activity as a "Substantial Land Alteration". The property is located west of Highway 52, and north and east of Red Pine Lane S.W.; 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 ` iG. 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 15, 2009, 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 and made the following findings: 1. Not applicable. 2. Not applicable. 3. Not applicable. 4. Not applicable. 5. 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 6. Not applicable. 7. Not applicable. 8. Not applicable. 9. 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. Generally, the slopes will be regarded, to be suitable for residential uses. 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 by the Rochester Public Works Department and it will document the extent of the work. All fill material exists on site and will be used to level the slopes within this plat to more suitable grades for residential uses. 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. 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. 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 topography of the area is being re-graded to provide an adequate roadway into the development. 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. 7. The grading will be confined to the property and should not affect the use and enjoyment of adjacent properties. The duration of the excavation activity is expected to be completed in one phase taking approximately 12 weeks. 3 8. The grading will only take place during one phase taking approximately 12 weeks. 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. 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 areas of grading do not contain sinkholes or wetlands and should not affect the ground water or surface quality once restoration and stabilization is completed. 12. The grading work is expected to be completed in one phase taking approximately 12 weeks. 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. 16. Since the GDP was approved prior to October 1, 2006 and has remained in effect, it is exempt from this Substantial Land Alteration finding. 17. If groundwater flows are found within the substantial land alteration area, they will be directed to downstream wetlands; 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 4 . e found at sections 61.146 and 62.1105 of the Rochester Code of Ordinances if the following condition of approval is 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. 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 DKMC Development associated with Amended Preliminary Plat#R2007-004PLAT that would allow the modification of the grade by greater than ten feet subject to the one condition. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS lS(4h F 2009. Ll PRESIDENT OF SAID COMMON COUNCIL ATTEST: Zzal ot./ Dsaulry CI CLERK APPROVED THIS DAY OF , 2009. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Zone05\S ubLandAlt\41 • 5