HomeMy WebLinkAboutResolution No. 186-16 - LightowlerJohnsonAssoc.ConditionalUsePermitR2016003CUPRESOLUTION
WHEREAS, Lightowler Johnson Associates requested approval for Conditional Use Permit
#R2016-003CUP, which is a request for approval of a Substantial Land Alteration to fill at least ten
feet in preparation for future development. The property is located at the southeast corner of 16t"
Street S.E., and South Broadway; and,
WHEREAS, the Substantial Land Alteration is subject to specific findings listed in
section 62.1105, as well as the standards that apply to every conditional use permit found in
section 61.146; 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; and,
WHEREAS, the City of Rochester Common Council reviewed the application according to
the requirements of R.C.O. § 62.1105 and made the following findings-
1. The applicant states that best management practices will be utilized such
as silt fencing, soil stabilization, and inlet protection will be installed and
in place to ensure runoff is controlled.
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. The property is adjacent Broadway Ave South which is a major arterial
road, sufficient to handle the temporary truck traffic associated with the
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construction activity.
4. Construction activities are common with new construction and will have
no adverse effects on air quality, ground water or surface water. A
grading/stormwater plan is required that addresses erosion control during
construction.
5. The scenic quality and wildlife in the area will not be affected due to the
existing developed condition of the property and surrounding area.
6. Adjacent property is currently residential or commercial.
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 within one construction season.
9. A reclamation 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.
12. The intensity and anticipated duration of the proposed excavation is
normal for construction activities.
13. A complete grading plan must be submitted/approved prior to grading
activities.
14. Surety will be provided within the city owner contract, which will guarantee
the site, be developed to city standards.
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 subject to one
condition of approval; and,
WHEREAS, the Applicants have shown by a preponderance of the evidence submitted at
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the public hearings that its application satisfies the above criteria subject to the imposition of one
condition of approval.
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 preponderance of
the evidence submitted at the public hearing that it has satisfied the above criteria subject to the
successful completion of the condition of approval.
BE IT FURTHER RESOLVED that the condition of approval is as follows-
1 . A grading plan must be approved prior to grading activity taking place.
BE IT FURTHER RESOLVED that the City approve Conditional Use Permit #R2016-
003CUP Substantial Land Alteration requested by Lightowler Johnson Associates subject to the
above one condition.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF , 2016.
ATTEST:
PRESIDENT OF SAID COMMON COUNCIL
CITY CLERK
APPROVED THIS DAY OF .2016.
(Seal of the City of
Rochester, Minnesota)
Zone15\SubLandAlt\CUP1603
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MAYOR OF SAID CITY