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HomeMy WebLinkAboutResolution No. 322-16 -StonehedgeTownhomes, LLC.ConditionalUsePermit.R2016-021CUPRESOLUTION WHEREAS, Stonehedge Townhouses, LLC, requested approval for Conditional Use Permit #R2016-021 CUP, which is a request for approval of a Substantial Land Alteration to fill at least ten feet in preparation for development of the Stonehedge Townhomes Sixth Subdivision. The property is located east corner of Stonehedge Drive N.E., and north of Coral Ridge Place N.E.; 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 1 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; 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 will be installed and in place to ensure runoff is controlled. 2. The construction activities for this substantial land alteration are no different then what was used to construct the existing subdivision in that area. The grading activities will be completed within a year so the time frame for grading is limited. 3. The proposal is for cut and fill activities. Materials will be moved around the site, so no use of trucks or heavy equipment will negatively impact the 2 safety and maintenance of public roads providing access to the site. 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 are currently residential or woodland and will continue to be as such except the seventh phase of the conditional use permit that affects this property. The proposed project is consistent with the GDP and Conditional Use Permit that is in effect for the property. 7. The activity will not unduly affect the use and enjoyment of adjacent properties. The grading will avoid steeper land to the east. 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. Site will be seeded and erosion control measures will be used as required by grading plan. 10. The applicant will use a combination of storm water piping to connect to the Regional Stormwater Pond located northeast of this phase of development as well as using low impact design features to address runoff from areas not connected to stormwater piping. The final design will meet NPDES and City standards for stormwater runoff. Should any problems occur, the developer is still required to maintain the site during the city/owner contract. 11. Decorah Edge features are present near the property. The property was studied with the original conditional use permit for the townhomes. Decorah Edge is identified on the lower elevations of the property and all grading activities must utilize good erosion control BMP's to ensure that the wetlands are protected from impact. 12. The intensity and anticipated duration of the proposed excavation is normal for construction activities. 13. A complete grading plan must be approved prior to grading activities. The grading plan has been submitted 3 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 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- 021 CUP Substantial Land Alteration requested by Stonehedge Townhouses, LLC, subject to the above one condition. 21 PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS ATTEST: CITY CLERK DAY OF , 2016. PRESIDENT OF SAID COMMON COUNCIL APPROVED THIS DAY OF (Seal of the City of Rochester, Minnesota) Zone15\SubLandAlt\CUP1621 5 MAYOR OF SAID CITY 2016.