HomeMy WebLinkAboutResolution No. 026-03 a ,
RESOLUTION
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WHEREAS, Kendal Group requested approval of land disturbing activities associated
with a development to be known as Rocky Creek Townhomes and which Section
62.1101(13)(1)(a) of the Rochester Code of Ordinances defines as "Substantial Land Alteration;"
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;
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• 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 January 6, 2003, 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.
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:
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1. The activity should not result in danger to life or property. The street
slopes on the site will be a maximum of 10% or less. 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 on-site, therefore it will not be necessary to haul
fill from the site. 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 truck in fill or 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. The natural topography of the area is being re-graded to
provide adequate slopes 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 by the summer of 2003.
8. The grading will be completed by summer of 2003. There are homes in
the immediate area that will be visually affected by the grading activity for
only a short time during the grading process. 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.
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• 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
effect the ground water or surface quality once restoration and
stabilization is completed.
12. The grading work is expected to be completed by summer of 2003. 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.
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.
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, 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 Kendal Group to be known as Rocky Creek Townhomes.
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• PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS &rly DAY OF 9VA/-// , 2003.
SIDENT OF SAfD COMMON COUNCIL
ATTEST:
ITY CLERK
APPROVED THIS DAY OF , 2003.
MAYOR OF SAID CITY
(Sea; of the City of
Rochester,.Minnesota)
Zone 2000\S u b l a n da l t.41
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