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HomeMy WebLinkAboutResolution No. 253-16 - WeatherstoneWestSubd.PrelimPlatR2016011LUP Substantial Land AlterationRESOLUTION WHEREAS, BBB Development, LLC, requested approval of land disturbing activities associated with Preliminary Plat #R2016-011 LUP that will involve moving 500 cubic yards or more of earth that involves a change in the natural or pre-existing grades of ten or more vertical feet for any portion of the parcel. Locations identified on the Substantial Lane Alteration plan Cut and Fill involve portions of Lots 6-11 of Block, Lots 7-9 of Block 4, and a portion of Douglas Place N.W., which will be filled ten feet or greater. The area identified in the pond is proposed to be cut ten feet or greater. The purpose of the substantial land alteration is to add fill in order to create buildable lots and cut material to create the pond. 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 north of the Douglas Trail, southwest of Florence Drive N.W., and north of Weatherstone West 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; 1 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; 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- 2 infiltration, if feasible; and, 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 roadway connections and ponds identified and required as part of R00144GDP. 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 #144). 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 2016 grading season. 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. 11. 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. 13. A grading plan will be required and this criteria will be met. II 14. This would be established in the development agreement. 15. This criteria is met. 16. 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 BBB Development, LLC, associated with Preliminary Plat #R2016-011 CUP that will involve grading that exceeds ten feet of cut and fill on the property. 5 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\5 DAY OF , 2016. PRESIDENT OF SAID COMMON COUNCIL DAY OF , 2016. m MAYOR OF SAID CITY