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RESOLUTION
WHEREAS, North American Realty requested approval of land disturbing activities
associated with Land Subdivision Permit (Preliminary Plat) #06-02 that would allow for grading
that exceeds ten feet of cut or fill on the property. 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 north side of 40th Street S.W., west of Willow Heights Drive
S.W., and east of Ninth Avenue 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;
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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 May 1, 2006, 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. After closing the public hearing, the Council tabled the matter
until its June 5, 2006, meeting and then until its June 19, 2006, meeting at which time it 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 plan 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 grading will need to meet engineering standards adopted by the City.
The grading and drainage plans will need to comply with City standards
as well as the reclamation standards and be approved by the Rochester
Public Works Department. Access and traffic will not create unsafe
conditions. Rochester Public Works Department advises that any Interim
and Final Grading Plan(s) and Drainage Plan(s) reviewed and approved
by the City for the proposed Substantial Land Alteration within the Willow
Heights 5t" Subdivision shall meet these standards and any geologic
investigations, analysis and resulting recommendations, grading and
drainage plans, and construction techniques and other appropriate
measures / mechanisms will be required of the Applicant to guarantee
compliance. Failure by the Applicant to meet these standards shall result
in denial of the Grading. Plan(s) and /or revocation or suspension of the
Grading Permit(s) until the standards are met.
2. Rochester Public Works Department advises that any Interim and Final
Grading Plan(s) and Drainage Plan(s) reviewed and approved by the CitX
• for the proposed Substantial Land Alteration within the Willow Heights 5t
Subdivision shall meet these standards and any geologic investigations,
analysis and resulting recommendations, grading and drainage plans, and
construction techniques and other appropriate measures / mechanisms
will be required of the Applicant to guarantee compliance. Failure by the
Applicant to meet these standards shall result in denial of the Grading
Plan(s) and /or revocation or suspension of the Grading Permit(s) until the
standards are met.
3. The equipment conducting the grading work on the property will also be
the equipment utilized to move the earth. The applicant has stated that
access to site would be from 40th Street SW and the materials being
hauled from the site would be going for the roadway construction project
adjacent to the property or to the applicant's property located south of 40th
Street SW. Rochester Public Works Department advises that any Interim
and Final Grading and Drainage Plan(s) reviewed and approved by the
City for the proposed Substantial Land Alteration within the Willow Heights
5th Subdivision shall meet these standards and any geologic
investigations, analysis and resulting recommendations, grading and
drainage plans, and construction techniques and other appropriate
measures / mechanisms will be required of the Applicant to guarantee
compliance. Failure by the Applicant to meet these standards shall result
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in denial of the Grading Plan(s) and /or revocation or suspension of the
• Grading Permit(s) until the standards are met.
4. The proposed excavation work should not affect air quality. The SLA is
likely to reduce the flow of groundwater through the site, diverting it to
become surface water. However, since the quality of the lower aquifer is
high (and typically higher in quality than the groundwater in the upper
aquifer), there should not be a significant site-specific impact on
groundwater quality. Erosion and sedimentation control measures will be
required during grading activity. Stormwater management control
measures will be required during and following development. Rochester
Public Works Department advises that any Interim and Final Grading
Plan(s) and Drainage Plan(s) reviewed and approved by the City for the
proposed Substantial Land Alteration within the Willow Heights 5tn
Subdivision shall meet these standards and any geologic investigations,
analysis and resulting recommendations, grading and drainage plans, and
construction techniques and other appropriate measures / mechanisms
will be required of the Applicant to guarantee compliance. Failure by the
Applicant to meet these standards shall result in denial of the Grading
Plan(s) and /or revocation or suspension of the Grading Permit(s) until the
standards are met.
5. The proposed grading work will affect the natural landscape on the
• property. Currently the property is heavily wooded and contains a ravine.
With the proposed grading the majority of the trees and brush on the
property will be removed to allow for the development of a single family
development. As part of the reclamation plan the applicant is providing
the required plantings per the reclamation standards found within the
Land Development manual.
The EAW petition addresses concerns about rare plant species found on
the site. These species should be identified by a professional botanist and
mitigation measures identified meeting DNR standards and rules applying
to takings of rare species. These measures may result in restrictions on
the amount and location of grading and earth removal on the site.
6. Single family residential uses adjoin the property to the east, north and
west. The scale of earth removal and the removal of the majority of the
existing forest cover is not typical of low density residential development,
but is allowed by the ordinance. The duration of the excavation activity is
expected to be completed within 24 months. After restoration of
vegetation and development of the property, the result of the proposed
activity will be compatible with existing development and development
anticipated in the future.
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• 7. The extent of the grading and removal of vegetation will affect views from
adjacent properties and therefore the use and enjoyment of adjacent
properties. Whether this is an undue impact or not is a matter of
judgment, since the LDM accommodates substantial grading in
conjunction with GDP's, subject to these findings. The grading is
anticipated to be completed with 24 months and the reclamation plan
meets the standards of the ordinance.
8. The grading is anticipated to be completed with 24 months, so no
bufferyard is required. Noise and dust control will need to comply with City
standards. 1.
9. The City Engineer has waived the requirement for a 3:1 slope and advises
that the cut and fill areas will be stable. The reclamation plan meets
existing ordinance standards.
10. A preliminary drainage study has been submitted that identifies proposed
stormwater management facilities that will address surface water quality
and will encourage infiltration for groundwater recharge. According to the
drainage study, stormwater runoff currently being routed across the site
from the adjacent residential neighborhoods will be routed through the
• property in a manner that should not negatively impact the existing
drainage patterns or stormwater management facilities. At the time the
grading and drainage plan is submitted for approval by the City detailed
studies will need to be provided so that drainage patterns and stormwater
management facilities can be adequately studied. Rochester Public
Works Department advises that any Interim and Final Grading Plan(s) and
Drainage Plan(s) reviewed and approved by the City for the proposed
Substantial Land Alteration within the Willow Heights 5th Subdivision shall
meet these standards and any geologic investigations, analysis and
resulting recommendations, grading and drainage plans, and construction
techniques and other appropriate measures / mechanisms will be required
of the Applicant to guarantee compliance. Failure by the Applicant to
meet these standards shall result in denial of the Grading Plan(s) and /or
revocation or suspension of the Grading Permit(s) until the standards are
met.
11. According to the Sinkholes and Sinkholes Probability Map from the
Geologic Atlas of:Olmsted-County, there are no known sinkholes on the
- property and the property has a low to moderate probability of containing
sinkholes. A :wetland delineation will need to be completed for the
property. A preliminary investigation found 3 wetlands on the property.
The applicant will need to work-with the Local Government Unit on any
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mitigation. It appears that the grading will affect a wetland located on the
western portion of the site. Approval to fill this wetland will need to be
granted by the LGU.
Since part of the property is in the Emergency Response Zone of Well 31
and much of the property is affected by Decorah Edge geology,
groundwater impacts related to drinking water supply should also be
considered. The wetland delineation necessary to determine if there are
groundwater supported wetlands on the site has not yet been submitted to
the Planning Department. It-appears from published soil maps that there
are two areas of elevated groundwater associated with edge hydrology
associated with the site, one on the southwestern corner of site and one
encompassing most of the existing Willow Court development. The
access to the site off 40th Street SW crosses the western perched water
table area; much of this area has already been extensively altered by
Mn/DOT's work in the 40th Street SW right of way. While concerns have
been expressed by DNR staff about the impact of the grading on the
potential impact of the SLA on the municipal well, RPU staff have
concluded that the risk to the well is minimal provided runoff is directed
away form the well.
12. The extent of removal of material from the site meets the definition of a
• quarry, normally not allowed in this district. However, the LDM exempts
excavation and grading activities from the thresholds defining quarry
operations when associated with an approved GDP or plat.
The grading work is expected to be completed in coordinated with the 40th
Street SW reconstruction project. It is anticipated that the grading work
with be completed within 24 months. The duration seems appropriate for
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. The applicant has
submitted preliminary erosion control plans as part of this request
however at this time a formal grading plan has not been submitted for
approval.
14. Surety will need to be provided that guarantees the site will be fully
restored after the completion of the excavation activity. The Public Works
Department will need to determine the amount of surety needed that will
allow the site to be fully restored to a safe condition. 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
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• to be provided. Rochester Public Works Department advises that any
Interim and Final Grading Plan(s), Drainage Plan(s) and Reclamation
Plan(s) reviewed and approved by the City for the proposed Substantial
Land Alteration within the Willow Heights 5 h Subdivision shall meet these
standards and any geologic investigations, analysis and resulting
recommendations, grading and drainage plans, and construction
techniques and other appropriate measures / mechanisms will be required
of the Applicant to guarantee compliance. Failure by the Applicant to
meet these standards shall result in denial of the Grading Plan(s) and /or
revocation or suspension of the Grading Permit(s) until the standards are
met.
15. The grading and drainage plan will need to be approved by the Rochester
Public Works Department prior to any grading on the property. Additional
information is needed to determine if soil corrections are necessary to
adequately support buildings and public roadways; and,
WHEREAS, the Planning and Zoning Commission recommended denial of the
substantial land alteration activity; and,
WHEREAS, on June 19, 2006, the Common. Council determined that the Applicant
would satisfy the criteria found at Sections 61.146 and 62.1105 of the Rochester Code of
• Ordinances if the Applicant satisfies the following conditions:
1. The applicant shall provide a detailed plant survey of the site conducted
by a professional botanist in consultation with the DNR to identify rare,
threatened, or endangered species and plant communities prior to
proceeding with any activities associated with development. If the plant
survey results in required revisions to the Substantial Land Alteration, the
Substantial Land Alteration approval shall be suspended until a modified
plan has been approved by the Council.
2. The applicant shall install surface and subsurface drainage facilities on
the back portions of Lots 6, 7 and 8, Block 2 consistent with the final
approved grading and drainage plan to mitigate any surface water runoff
or groundwater discharge from the site to the dwelling units of the
residents on Willow Court SW. The preliminary plat shall be revised so
that these drainage facilities are located within an outlot. The outlot shall
be deeded to the residents living on Willow Court SW, if the residents are
agreeable to maintaining said outlot, so they can maintain the surface and
subsurface drainage facilities, otherwise said outlot shall be owned and
maintained by the homeowners association that will be established for the
subdivision.
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3. Any Interim and Final Grading Plan(s) and Drainage Plan(s) reviewed and
approved by the City for the proposed Substantial Land Alteration within
the Willow Heights 5th Subdivision shall meet the standards reflected in
the findings of Section 62.1105, and appropriate geologic investigations,
analysis and resulting recommendations, grading and drainage plans, and
construction techniques and other appropriate measures / mechanisms
will be required of the Applicant to guarantee compliance; and,
WHEREAS, on June 19, 2006, the Common Council of the City of Rochester
concluded 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 Applicant
satisfies the above three conditions. The Council approved the proposed conditional use permit
authorizing the Substantial Land Alteration activity as proposed by North American Realty
associated with Land Subdivision Permit (Preliminary Plat) #06-02 subject to the above three
conditions; and,
WHEREAS, on July 5, 2006, the Council reconsidered its action of June 19, 2006, and,
upon reconsideration, re-approved the proposed conditional use permit authorizing the
Substantial Land Alteration activity as proposed by North American Realty associated with Land
Subdivision Permit (Preliminary Plat) #06-02, but added a fourth condition of approval to read as
follows:
4. Permissible days and hours of all excavation activities are as follows:
Monday through Friday from 8:00 a.m., until 5:00 p.m., and Saturday,
from 9:00 a.m., until 12:00 p.m. No excavation activities may occur on
Sunday or on a federal holiday. All excavation activities must be
completed within two years of the date the City approves the grading plan.
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 Applicant
satisfies the above four conditions.
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 North American Realty associated with Land Subdivision Permit (Preliminary Plat) #06-02
subject to the above four conditions.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF C J711. 2006.
RESIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS bW DAY OF 2006.
1151.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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