HomeMy WebLinkAboutResolution No. 501A-04 RESOLUTION
WHEREAS, AC PEMWEST, LLC, requested approval of land disturbing activities
associated with Preliminary Plat #04-22 that would allow the modification of the grades by ten
feet or more. Section 62.1101(B)(1)(a) of the Rochester Code of Ordinances defines such a
modification of the grades as a "Substantial Land Alteration". The property is located along the
east side of West Circle Drive and north of Technology Drive NW; 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;
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 4, 2004, 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. The Rochester Public Works Department will need to review and approve the
grading and drainage plans and individual grading & drainage plans, as well as,
Sire Development Plan approval for this work. This plan must accommodate
permanent and interim erosion and sediment control.
5. Not applicable.
6. Not applicable.
7. Not applicable.
8. Not applicable.
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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 a maximum of 3:1. The grading and drainage plans and individual
grading & drainage plans, as well as, Site Development Plan approval 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
will be regarded to provide adequate slopes for commercial uses for this
development. 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 fill material will be regarded to provide
adequate slopes for commercial uses for this development. The grading plan
will provide adequate restoration of the site following completion of the project.
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 rock faces. The natural
topography of the area is being re-graded to provide adequate slopes for
commercial uses.
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 6 weeks.
8. The grading will only take place during one phase, taking approximately 6
weeks. There are no homes in the immediate area that will be visually affected
by the grading activity. 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
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City. Stormwater management will be required for the development.
11. The areas of grading do not contain sinkholes or wetlands and should not
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effect 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 6 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 plans and individual grading & drainage plans, as well
as, Site Development Plan approval. 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.
WHEREAS, the Planning and Zoning Commission recommended approval of the
0substantial land alteration activity.
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.
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 AC PEMWEST, LLC, associated with Preliminary Plat #04-22.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS _ jlt� DAY OF 2004.
SIDENT OF SAID COMMON COUNCIL
ATTEST: l--
C TY CLERK
APPROVED THIS DAY OF 00--DO , , 2004.
o-
MAYOR OF SAID CITY
(Seal of the City.of
a . Rochester,'Minnesota)
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