Loading...
HomeMy WebLinkAboutResolution No. 422A-16 - WSB & Assoc. MaineHeightsApartmentComplex.CUPR2016-029RESOLUTION WHEREAS, WSB & Associates, Inc., requested approval for Conditional Use Permit #R2016-029CUP, which is a request for approval of a Substantial Land Alteration to fill at least ten feet in preparation for development of the Maine Heights Apartment Complex. The property is located south and east of Forest Knoll Drive S.E., and west of St. Bridget Road.; 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 natural resources; 1 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, on August 24, 2016, the City of Rochester Planning and Zoning Commission reviewed the application according to the requirements of R.C.O. § 62.1105 and made the following findings- 1. The construction activities and final condition will not result in steep or unstable slopes, unsafe access to the property or excessive traffic. The proposed retaining wall is in the proximity of existing and planned residential areas and a public roadway. The applicant has provided documents that identify a fence to be placed on the top of the wall. The applicant identifies that the retaining wall 50' from the southern boundary of the project site and will result in no impact the Forest Knoll Residential Neighborhood south of the project site. The applicant has identified that the pedestrian trail along St. Bridget Road is located at the top of the retaining wall and the documents provided by the applicant indicate a 2 fence will be located between the trail and the top of the wall. The applicant notes that the retaining wall will be submitted to the Building Safety Department for approval of a construction permit prior to installation to insure no impacts in this area. 2. There are no or off site environmental impacts anticipated with this project. Normal construction methods are anticipated. The applicant will obtain an approved grading plan from the City which will document the appropriate final conditions to meet city standards. 3. There will be no additional heavy equipment or truck traffic that will be associated with the construction of the retaining wall beyond the existing construction activities on the site, trucks or heavy equipment will not negatively impact the 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. The construction of the retaining wall will take approximately three to four weeks to complete. 5. The scenic quality and wildlife in the area will not be affected due to the development of the retaining wall. 6. Adjacent property is residential to the south which is consistent with planning documents for the area. The proposed project is consistent with the Site Development Plan under review by the planning department. 7. The activity will not unduly affect the use and enjoyment of adjacent properties. 8. The construction activity will replace an earthen bank with the proposed retaining wall. The construction activity is anticipated to start in May of 2017 and be of a short duration approximately three to four weeks. 9. The retaining wall is the remedy for the proper restoration. 10. The retaining wall being proposed will is part of the grading and drainage report being reviewed and approved by the City of Rochester Public Works Department. The final design will meet NPDES and City standards for stormwater runoff as part of the grading plan approval process. The project will not negatively impact the drainage patterns or stormwater 3 management facilities. 11. There are no known sinkholes, wetlands or other natural features affecting groundwater or surface water quality in the project area. 12. The project area is the current site of construction activity, with the development of multifamily residential buildings. It is anticipated that the retaining wall construction will be completed in approximately three to four weeks, normal construction hours will be followed during the construction. Normal or typical construction methods are expected, the project will not require any extraordinary means or methods. 13. Permanent and interim (during construction) erosion / sedimentation control will be provided for the retaining wall construction. The completed retaining wall is the remedy for the final site restoration and site stabilization. A complete grading plan must be approved prior to grading activities. The grading plan has been submitted for review and approval. 14. The project will require an approved grading and drainage plan and a building permit for construction of the retaining wall. The retaining wall construction is required as part of the Phase II Buildings 4 and 5 of the Maine Heights Apartments project. No additional surety will be required in addition to 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. The applicant will apply for and receive a building permit for the retaining wall. 16. The Land alteration will be the minimum amount necessary to develop the site at the approved capacity and in accordance with the applicable codes. The Decorah Edge Overlay Zone is identified within the overall Maine Heights Project boundary but there are not any edge support features near the construction of the retaining wall. The location of the retaining wall construction does not contain any of the resource protection categories listed under the LDM Section 61.532; lakes, wetlands, Edge Support Areas, drainageways, floodway, flood fringe, moderate or steep slopes; and, 17. The excavation proposed will not impact groundwater flow. Construction activities will be in compliance with a grading permit for the proposed activities; and, 21 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 conditions of approval: 1. A grading plan must be approved prior to grading activity taking place; 2. A Building Permit is required prior to the construction of the retaining wall; and, 3. Security fence shall extend north along the pedestrian trail to the end of the retaining wall to provide safety separation for users of the ten -foot wide pedestrian trail along St. Bridget Road; and, WHEREAS, on September 19, 2016, the City of Rochester Common Council held a public hearing to consider this application, and adopted the findings of fact and recommended conditions of approval proposed by the Planning and Zoning Commission. 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 imposition of the above -stated three conditions of approval. BE IT FURTHER RESOLVED that the City approve Conditional Use Permit #R2016- 029CUP Substantial Land Alteration requested by WSB & Associates subject to the above -stated three conditions of approval. 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 , 2016. 5 MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Zone15\SubLandAIt\CUP1629