HomeMy WebLinkAboutResolution No. 044-16 (b) - KurthsBayCo.PrelimPlat.R2015-039CUPRESOLUTION
WHEREAS, Kurth's Bay Company, LLC, requested approval of land disturbing activities
associated with Preliminary Plat #R2015-039CUP that will involve grading that exceeds ten feet of
cut and fill on the property. Section 62.1101, subd. 2(A),(1),(d) of the Rochester Code of
Ordinances defines such activity as a "Substantial Land Alteration". The property is located south
of 48t" Street N.E., and west of 22nd Avenue N.E.; 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;
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,
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WHEREAS, on February 1, 2016, 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, subd. 1, and concluded none of the required findings that would
support denial of the application could be made; and,
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 due to: (a)
steep or unstable slopes; (b) unsafe access to the property; (c) excessive
traffic; or (d) 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 or 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 site plan provides for adequate buffers and screening year-round
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from unsightly features of the excavation operation.
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
patterns or storm water 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. Permanent and interim erosion and sediment control plans have been
approved by the City.
14. 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.
15. The proposed activity complies with the requirements of the adopted
building code.
16. 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
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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 Kurth's Bay Company, LLC, associated with Preliminary Plat #R2015-039CUP that will involve
grading that exceeds ten feet of cut and fill on the property.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF , 2016.
ATTEST:
CITY CLERK
PRESIDENT OF SAID COMMON COUNCIL
APPROVED THIS DAY OF , 2016.
(Seal of the City of
Rochester, Minnesota)
Zone15\SubLandA1t\1
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MAYOR OF SAID CITY