HomeMy WebLinkAboutResolution No. 139-16 - 65thStreetProperties,LLC.PrelimPlat-SLARESOLUTION
WHEREAS, 65" Street Properties, LLC, requested approval of land disturbing activities
associated with Preliminary Plat #R2016-004CUP 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 65t" Street N.W., and north of North Park 15t" 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 April 4, 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 slopes will be a maximum of 3.1 and fill will allow for the development of
several lots and a portion of Silver Ridge Place.
2. The visual, noise, dust and environmental impacts will be associated with the
overall grading of the site and will be required to meet grading plan
requirements.
3. Cuts will remain on site and be used for fill and 65t" Street will be used as the
construction entrance.
4. Grading activities should be of short or intermediate duration. The grading
plan will address temporary water quality impacts.
5. The final grades for the property will be such that single family detached
dwellings can be accommodated. The site has rolling topography but no high
quality scenic or natural landscapes and the area was previously cropland.
6. The surrounding land use is all single family detached residential
development and this area will be consistent with that surrounding
development.
7. The grading is confined to this property. Any impacts will be temporary
and the cut and fill areas are somewhat removed from the adjacent
developed properties.
8. The excavation work is temporary in nature (work completed in 2016) and
meant to create buildable lots.
9. The applicant will be required to obtain a grading permit that will address
restoration and stability of the slopes.
10. The grading plan will address in detail drainage patterns and stormwater
management facilities which are shown on the preliminary plat.
11. There are no known sinkholes on site and wetlands will be avoided as
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shown on the preliminary plat and will be shown as such on the grading
plan.
12. The grading activity is temporary and is necessary for the development of
both phases of the plat.
13. A grading plan addressing erosion and sediment control is required prior
to the final plat stage of the process. A MPCA permit is also required for
such activities.
14. A performance and payment bond is required for all work associated with
the construction of the improvements. This bond will be provided by the
successful contractor.
15. This grading work will comply with the Building Code.
16. Not applicable.
17. Any intercepted groundwater will be addressed thorough the grading plan
and construction documents; and,
WHEREAS, the Planning and Zoning Commission recommended approval of the
substantial land alteration activity based upon the above findings of fact subject to the
following condition-
1. The developer must comply with all relevant operations and performance
standards as specified in section 62.1109 of the Zoning Ordinance and
Land Development Manual.
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 subject to the Applicant's
satisfaction of the one condition of approval.
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 65t" Street Properties, LLC, associated with Preliminary Plat #R2016-004CUP that will involve
grading that exceeds ten feet of cut and fill on the property subject to one condition of approval.
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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\3
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MAYOR OF SAID CITY