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HomeMy WebLinkAboutResolution No. 349-16 - WoodcrestDevelopment,LLC.FinalPlatR2016-001PLAT SLARESOLUTION WHEREAS, Woodcrest Development, LLC, requested approval of land disturbing activities associated with Final Plat #R2016-001 PLAT that will involve a change in the natural or pre- existing grades of ten or more vertical feet for any portion of the parcel (expansion area of the existing pond). Section 62.1101, subd. 2(A),(1),(d) of the Rochester Code of Ordinances defines such activity as a "Substantial Land Alteration". R.C.O. §62.1102 (1)(f) authorizes the Common Council to exempt this activity from the need to acquire a conditional use permit for substantial land alteration if the Council makes the findings found in section 62.1105. The property is located south of Salem Road S.W., and east of Mayowood Road S.W.; and, WHEREAS, R.C.O. § 62.1105 states that the Council must approve an exemption from the requirements of sections 62.1100 through 62.1113 if the Council makes 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 1 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 - infiltration, if feasible; and, 2 WHEREAS, on August 1, 2016, the City of Rochester Common Council held a public hearing on this Substantial Land Alteration exemption application, reviewed the application according to the requirements of R.C.O. § 62.1105, and made the following findings- 1 . The proposed SLA would be for the expansion of the existing pond area. 2. The proposed SLA will have minimal impact to adjacent property. Any proposed impacts to adjacent properties shall require written permission prior to excavation. 3. All material being moved will be within the project site, there is no plan to truck fill in or haul fill off of the site. 4. The proposed use will not adversely affect air quality, ground water or surface water quality. The construction activities will be of short -intermediate duration. 5. The topography of the area will be regraded to provide slopes to accommodate residential development. 6. The use is consistent with the existing and proposed adjacent land uses. 7. The grading activities are intended to be completed in the 2016 construction season. 8. This will be verified with the grading plan. 9. The grading plan will address existing drainage problems and correct on - site erosion. This will be verified with the grading plan. 10. The area does not contain sinkholes and will not affect ground water or surface water quality once restoration and stabilization is completed. 11. The proposal is consistent with the location. 12. A grading plan is required for this project. A SWPPP and NPDES permit for the site will be provided to the City to ensure conformance with all best management practices. 13. The performance and payment bond is required for all work associated with the construction of the improvements. This bond will be provided by the contractor. 3 14. This criteria is met. 15. The proposal is the minimum amount necessary to develop at the site capacity; and, 16. No excavation is proposed that would potentially impact ground water flow, and will remain in compliance with the conditions of the grading permit. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that, based upon the above -stated findings of fact, the Council can make the findings found at R.C.O. §62.1105. BE IT FURTHER RESOLVED by the Common Council that the City does approve the substantial land alteration exemption request that will authorize the Substantial Land Alteration activity as proposed by Woodcrest Development, LLC, associated with Final Plat #R2016- 001 PLAT that will involve grading that exceeds ten feet of cut and fill on the property. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS ATTEST: DAY OF , 2016. PRESIDENT OF SAID COMMON COUNCIL CITY CLERK APPROVED THIS DAY OF 2016. (Seal of the City of Rochester, Minnesota) Zone15\SubLandAlt\1 Exempt 21 MAYOR OF SAID CITY