HomeMy WebLinkAboutResolution No. 236-07 RESOLUTION
WHEREAS, JL Leitzen, LLC, requested approval of land disturbing activities associated
with an Amendment to Conditional Use Permit #03-35 that would allow for the placement of fill
within a Flood Fringe District that will result in grading activities that will exceed ten feet of cut or
fill. Section 62.1101(2)(a)(1)(c) of the Rochester Code of Ordinances defines such an activity as
a "Substantial Land Alteration". The property is located east of Third Avenue N.W., north of
West River Parkway N.W., and west of the South Fork Zumbro River.; 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.
P. For areas of the Decorah Edge or the Cummingsville Formation that are within
1,000 feet of Edge Support Areas, groundwater supported wetlands or wellhead
protection emergency response area and delineated by Rochester Public Utilities
for municipal wells, the land alteration is the minimum amount necessary to
develop at the site capacity determined in accordance with Section 61.532.
Q. For any areas in which groundwater flows may be intercepted by excavation,
provision is made to direct such flows to managed wetlands for treatment and re-
infiltration, if feasible; and,
WHEREAS, on May 21, 2007, 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 made the
following findings:
1. Not applicable.
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• 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. If approved, with conditions, the application will comply with applicable
regulations. The final grading plan will need to be approved by Rochester Public
Works prior to review and approval of a zoning certificate. A site development
plan will be required for site improvements beyond the grading (i.e. buildings,
parking, etc.), and will be considered separately.
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:
A. The property is located in a large area zoned M-2 and the material placed
on the site will elevate the buildings and surrounding storage/parking
areas. Access will be to an existing Urban Arterial.
B. Noise and dust may be a localized issue during the construction but will
• end once construction is complete. There are no residential areas
adjacent to this property.
C. The access to this site is by the frontage road, Seventh Street N.W., and
West Circle Drive. These streets are Urban Arterials or higher level
streets.
D. The applicant has proposed on-site stormwater ponds and will be required
to have a stormwater permit during construction. There are no city wells
located within the immediate area.
E. The applicant will need to secure proper permits and approvals from the
MN DNR prior to any disturbance of State protected species on the
property.
F. Warehouse uses are consistent with the Land Use Plan designation and
current zoning district. The fill in the flood fringe is permitted in order to
elevate buildings to the flood protection elevation.
G. The floodplain standards and the Flood Insurance Rate Map allow for fill
to elevate buildings within the Flood Fringe District. Fill within the property
boundary is consistent with the flood plain standards should not have an
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• impact on adjacent property.
H. Not applicable.
I. The grading plan must meet all city standards for erosion control of the fill
areas on the property. The grading plan will be required prior to the
issuance of any zoning certificates.
J. Stormwater runoff will be directed to 2 proposed stormwater ponds on the
property.
K. The applicant must complete the wetland review process prior to approval
of a grading permit. A portion of the wetlands on the property will not be
affected by the proposed project.
L. Not applicable.
M. The grading and drainage plans and erosion and sedimentation control
plans must be approved by the City prior to commencement of grading
activities on this property.
N. The applicant must provide surety that guarantees that 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, and Land use Plan and
applicable City policies. Said surety must be provided prior to
commencement of grading activities on this property.
O. Review of the grading plan by the Public Works and Building Safety
Departments will determine compliance.
P. There are areas of the Decorah Edge and Cummingsville within 1,000 feet
of Edge Support Areas that will be graded in order to accommodate the
development proposed. Though the applicant is proposing a much lower
density than what would be permitted through site capacity calculations, it
is likely that a similar or larger amount of the site would need to be graded
in order to accommodate the density allowed through the calculation.
Grading plans should be designed to minimize disturbance and grading.
Q. For any areas in which groundwater flows may be intercepted by
excavation, provision is made to direct such flows to managed wetlands
for treatment and re-infiltration, if feasible; and,
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• WHEREAS, the Planning and Zoning Commission recommended approval of the
substantial land alteration activity; and,
WHEREAS, on May 21, 2007, 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.
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 JL Leitzen, LLC, associated with the Amendment to Conditional Use Permit#03-35.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS R1,54 Y OF mad-- ' "'2007.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
,^ CITY C ER
APPROVED THIS Y? DAY OF , 2007.
61
MAYOR OF SAID CITY
(Seal.of the City of
Rochester, Minnesota)
Zone 0 5'\S u b Lan dAlt\31
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