HomeMy WebLinkAboutResolution No. 252-16 (b)- FieldstoneSecondSubd.PreliminaryPlatR2016-012CUP. Substantial Land AlterationRESOLUTION
WHEREAS, GP Development, Inc., requested approval of land disturbing activities
associated with Preliminary Plat #R2016-012CUP 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 west
of Fieldstone Second Subdivision on an extension of Fieldstone Road S.W.; 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 June 6, 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 proposed substantial land alteration would allow the residential lots
identified as part of General Development Plan #197.
2. The proposed substantial land alteration would have no negative impacts
and does not require mitigation.
3. There would not be an excessive amount of truck traffic beyond what is
normal for grading activity in a newly -platted area. All material being
moved will be within the project site.
4. The proposed use will not adversely affect air quality, ground water, or
surface water quality.
5. Upon completion of the substantial land alteration, the use would be for a
single family residential area.
6. The use is consistent with the general development plan that has been
issued for the property (GDP #197).
7. The grading activities are confined to the site. The use will have no effect
on the use and enjoyment of adjacent properties.
8. All of the grading activities are intended to be completed in the same year
as the construction starts. This criteria is met.
9. This will be verified with the grading plan.
10. This criteria is met and will be verified during the grading plan approval
process.
11. There are no sinkholes on the property. The activity should have no
impact on sinkholes, wetland, or other natural features affecting ground
water or surface water quality.
12. The proposal is consistent with the location.
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13. A grading plan will be required. This criteria is met and will be verified
during the grading plan approval process.
14. All required surety required by the City will be provided. This may be
established in the city/owner contract and/or development agreement.
15. This criteria is met and will be verified during the grading plan approval
process and the individual building plan approval process.
16. Planning staff will review the grading plan for conformance with the items
identified and that the proposal is the minimum amount necessary to
develop at the site capacity shown.
17. It is not anticipated to intercept groundwater flows. If a subdrain system is
required as part of the roadway design, planning staff will review the
grading plan, and provide comments and input on directing waters
collected in the subdrain system to any existing wetlands; 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 GP Development, Inc., associated with Preliminary Plat #R2016-012CUP that will involve
grading that exceeds ten feet of cut and fill on the property.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS
ATTEST:
CITY CLERK
APPROVED THIS
(Seal of the City of
Rochester, Minnesota)
Zone15\SubLandA1t\4
DAY OF , 2016.
PRESIDENT OF SAID COMMON COUNCIL
DAY OF , 2016.
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MAYOR OF SAID CITY