HomeMy WebLinkAboutResolution No. 298-16 - OronocoInvestments,LLC.PrelimPlatR2016-016LUPRESOLUTION
WHEREAS, Oronoco Investments, LLC, requested approval of land disturbing activities
associated with Preliminary Plat #R2016-016LUP 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. 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 55t" Street N.W., and west of 18t" Avenue N.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
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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 -
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 applicant has stated that the activity will not result in a danger to life
or property due to unstable slopes, or unsafe access to the property,
excessive traffic, or proximity to existing or planned residential areas,
parks and roadways. The slopes on the site will be a maximum of 3.1 and
only a portion of the grading would involve fills in excess of 10 feet. The
total fill volumes are estimated to be approximately 200,000 cubic yards.
2. The environmental impacts of grading on this site to adjacent properties
will be minimal. Any proposed impacts to adjacent properties shall require
written permission prior to excavation beginning.
3. If import is needed it will be performed at a time outside of load
restrictions. The primary haul roads will be 55t" Street and 18t" Ave
adjacent to the site.
4. The grading will not adversely affect air quality, the ground water, or
surface water quality. Construction activities will be of short intermediate
duration.
5. The natural topography of the area will be re -graded to provide slopes to
accommodate commercial and multi -family development. The adjacent
wetlands and King's Run Creek will not be affected.
6. The grading is compatible with the proposed adjacent land uses.
7. The use will have no effect on the use and enjoyment of adjacent
properties.
8. The site grading activity will start in fall of 2016 and be completed in
2017.
9. The grading plan will provide for proper restoration and stabilization in
accordance with the codes for the City of Rochester.
10. The grading will not result in negative impacts to the drainage patterns.
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The grading plan will address existing drainage problems and correct on -
site erosion.
11. The area of grading does not contain sinkholes and will not affect the
groundwater or the subsurface water quality once restoration and
stabilization is completed.
12. The anticipated excavation work and duration of the work is appropriate
for the size and location of the property.
13. Permanent and interim (during construction) erosion/sedimentation
control will be provided for in the grading plan. S SWPPP coupled with a
NPDES permit shall be obtained to ensure conformance with all best
management practices. The City will receive this plan prior to issuance of
a grading permit.
14. A performance and payment bond is required for all work associated with
the construction of all public improvements. This bond will be provided by
the successful contractor.
15. This development will comply with the adopted Building Code.
16. The land alteration shall be the minimum amount necessary to develop
the site at the approved capacity and in accordance with applicable
codes; and,
17. No excavation is proposed that would potentially impact groundwater flow,
and will remain in compliance with conditions of grading permit; 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 of approval-
1. An approved grading and erosion control plan must be received prior to
excavation activities.
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 one condition of
approval.
BE IT FURTHER RESOLVED by the Common Council that the City does approve the
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proposed conditional use permit authorizing the Substantial Land Alteration activity as proposed
by BBB Development, LLC, associated with Preliminary Plat #R2016-016CUP that will involve
grading that exceeds ten feet of cut and fill on the property.
BE IT FURTHER RESOLVED that this approval is subject to the one condition of approval
stated above.
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\6
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MAYOR OF SAID CITY