HomeMy WebLinkAboutResolution No. 316-08 :7-
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RESOLUTION
WHEREAS, HL2, LLC, requested approval of land disturbing activities associated with
Incentive Development #R2008-017 that would allow the filling of an area greater 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 at the southeast corner of Bandel Road
N.W., and 59th Street N.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;
• 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 June 16, 2008, 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 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 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.
2. 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.
3. 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.
4. The proposed use will not adversely affect air quality, the ground water or
surface water quality.
5. 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.
6. 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.
7. The activity will not unduly affect the use and enjoyment of adjacent
properties.
8. The majority of the excavation activity will occur for a period of two to four
months. Once the grading and construction of the building is complete,
the property will be landscaped.
9. The reclamation plan provides for adequate and appropriate restoration
and stabilization of cut and fill areas.
10. The excavation activity will not result in negative impacts on drainage
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• patterns or stormwater management facilities.
11. The proposed activity will minimize impacts on sinkholes, wetlands and
other natural features affecting ground water or surface water quality.
12. The intensity and the anticipated duration of the proposed excavation
activity is appropriate for the size and location of the activity.
13. 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.
14. 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.
15. The proposed activity complies with the requirements of the adopted
building code.
i16. 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.
17. 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, 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.
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 HL2, LLC, associated with Incentive Development #R2008-017 that would allow the filling of
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*an area greater than ten feet.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF , 2008.
PR SIDENT OF SAID COMMON COUNCIL
ATTEST: �ajo'u-'
Yl
PSPUT-V CITYC4ER
APPROVED THIS f u44,)DAY OF 2008.
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MAYOR OF SAID CITY
*(Seal of the City of
Rochester, Minnesota)
Zone 051S u b La n dA1t136
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