HomeMy WebLinkAboutResolution No. 120-16 (b) - StonebrookeOfRoch.LLCRESOLUTION
WHEREAS, Stonebrooke of Rochester, LLC, requested approval of land disturbing
activities associated with Preliminary Plat #R2016-002CUP 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 Sunnydale Lane S.E., and adjacent to Stonebrooke 2nd 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;
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 March 21, 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 will not result in danger due to steep or unstable slopes,
unsafe access excessive traffic or proximity to existing or planned
residential areas, parks and roadways. The grading activity will be
complete prior to any construction within the development.
2. The proposed grading for the substantial land alteration would result in no
different construction activities for the remainder of the site, therefore no
visual, noise, dust etc will be effected beyond what is normal for grading
activities associated with new construction.
3. All material will be from on site, therefore no roads will be impacted by the
activity.
4. Construction activities are common with new construction and will have
no adverse effects on air quality, ground water or surface water.
5. Upon completion the use of the property will be for detached single family
dwellings which is consistent with the Land Use Plan.
6. Adjacent properties are currently residential or agricultural and those
uses will continue into the future until development occurs.
7. The activity will not unduly affect the use and enjoyment of adjacent
properties.
8. The applicants have stated that the area will be seeded as soon as
grading is complete which will be done in one construction season.
9. A recommendation plan is not required for the activity.
10. Stormwater management facilities are being constructed concurrently and
should any problems occur the developer will be required to fix them.
11. The proposed activity will not impact sinkholes, wetland or other natural
features affecting ground water or surface water quality.
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12. The intensity and anticipated duration of the proposed excavation is
normal for construction activities.
13. A grading plan is required prior to final plat approval.
14. Surety will be provided within the city owner contract.
15. The proposed construction will comply with the adopted building code;
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 Stonebrooke of Rochester, LLC, associated with Preliminary Plat #R2016-002CUP 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\2
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MAYOR OF SAID CITY