HomeMy WebLinkAboutResolution No. 397-08 RESOLUTION
WHEREAS, Meadow Lakes Builders of Rochester requested approval of land disturbing
activities associated with Preliminary Plat #R2008-006 that would allow the modification of the
grade on the property by more than ten feet. Section 62.1101(13)(1)(a) of the Rochester Code of
Ordinances defines such activity as a "Substantial Land Alteration". The property is located west
of West Circle Drive and along the south side of Berkshire Road S.W., and south of Patio
Homes of Meadow Lakes Subdivision; 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 July 21, 2008, and August 4, 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. The slopes on the site are
proposed to be 2.5:1. A geotechnical report has been prepared on the proposed
2.5:1 slopes. The grading plan with the 2.5:1 slopes would only be approved if
the City Engineer accepts the report and the City Council waives the provision of
the 3:1 slopes.
5. Not applicable.
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6. Not applicable.
7. Not applicable.
8. Not applicable.
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 are proposed to be 2.5:1. A Geotechnical report has been
prepared on the proposed 2.5:1 slopes. The 2.5:1 slopes would only be
approved if the City Engineer accepts the report and the City Council
waives the provision. Otherwise the slopes will need to be 3:1. 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
cut material will be used to balance out the property. 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 excess material will be used
on the site. It will not be necessary to 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 exposed rock faces. The natural
topography of the area is being re-graded to provide adequate slopes and
over-all scenic quality maintained for single family dwellings.
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 construction season. A 50 foot
undisturbed area is provided along the west and south edges of the
development.
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8. The grading will only take place during one construction season. A 50
foot undisturbed area is provided along the south edge of the
development. 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. No wetlands were found on this site.
12. The grading work is expected to be completed within 4 months. 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. The slopes on the
site are proposed to be 2.5:1. A Geotechnical report has been prepared
on the proposed 2.5:1 slopes. The grading plan with the 2.5:1 slopes
would only be approved if the City Engineer accepts the report and the
City Council waives the provision of 3:1 slopes.
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. The
slopes on the site are proposed to be 2.5:1. A Geotechnical report has
been prepared on the proposed 2.5:1 slopes. The grading plan with the
2.5:1 slopes would only be approved if the City Engineer accepts the
report and the City Council waives the provision of the 3:1 slopes.
16. Since the GDP was approved prior to October 1, 2006 and has remained
in effect in accordance with the provisions of section 61.216, the proposal
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is exempt from the special protections afforded Edge Support Areas and
Groundwater Supported Wetlands addressed in section 59.06 and from
the standards applied to Substantial Land Alterations in section 62.1105.
17. Any interception of groundwater flows will be directed down the slope
within a drain tile; 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 if the following
condition of approval is satisfied:
1. Slopes can be reduced to 2.5:1 slopes if the City Engineer accepts the
Geotechnical Report and approves the 2.5:1 slopes. If the 2.5:1 slopes are not
approved, the slopes must be 3:1.
BE IT FURTHER RESOLVED by the Common Council that the City does approve the
roposed conditional use permit authorizing the Substantial Land Alteration activity as proposed
y Meadow Lakes Builders of Rochester associated with Preliminary Plat #R2008-006 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 l Y OF 7� , 2008.
ATTEST: ESIDENT OF SAID COMMON COUNCIL
C �/ PR
ITY CLERK /�,
APPROVED THIS DAY OF 191�' 7- , 2008.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
�o n e 05\S u b La n dAlt\38
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