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HomeMy WebLinkAboutResolution No. 424-16 - FalconHeights.AutumHeights.FinalPlatR2016-019PLAT SLARESOLUTION WHEREAS, Autumn Heights of Rochester, LLC, requested approval of land disturbing activities associated with Final Plat #R2016-019PLAT 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 at the east termination of Red Hawk Drive S.W., and Falcon Road S.E., in the Valley Side Estates Three plat; 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 1 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 - infiltration, if feasible; and, 2 WHEREAS, on September 19, 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. All slopes will meet the requirements of the approved grading plan. The site will meet all OSHA requirements to ensure safety of the site, the construction area will be cordoned off during excavation activities. Periodic trucking activities will be completed during working hours only. The large areas of grading are located on the interior of the site and will not be directly adjacent to existing residential development. The plan provided identifies the grading activities on the site. The areas highlighted in green, yellow, and red are areas of cut or fill of ten feet or greater. 2. The proposed SLA will have minimal impact to adjacent property. All MPCA regulations regarding excavation will be followed. The City of Rochester approved Storm Water Pollution and Prevention Plan (SWPPP) will be followed. All required contracts and surety will be provided as required by the City of Rochester. 3. The construction activities will adhere to all rules regarding construction activities including hours of operation, weight of loads, and road restrictions as required. 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. The project is within an existing developed neighborhood and will not provide a negative impact to the surrounding area. 6. The property has an approved general development plan, is properly zoned for the proposed use, and is consistent with the existing and proposed adjacent land uses. 7. The grading activities are confined to the site and will conform the rules regarding construction activities in the City. The use will not unduly affect use and enjoyment of adjacent properties. 8. The grading activities are intended to be short term impact on the site. 9. This will be verified with the grading plan. 3 10. The excavation activities will follow the approved grading plans for the project. The grading plan will address existing drainage problems and correct on -site erosion if present. This will be verified with the grading plan. 11. There are no known sinkholes within the project boundary. The project will not affect ground water or surface water quality once restoration and stabilization is completed. 12. The project will be graded in one operation. The proposal is consistent with the project size and location. 13. 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. 14. 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. 15. This project will follow the approved plans for the project and will comply with all building codes. This criteria is met; 16. The approved general development plan for the site did not find any impact to the Decorah Edge or Cummingsville Formation. The proposal is the minimum amount necessary to develop at the site capacity; and, 17. No excavation is proposed that would potentially impact ground water flow, and will remain in compliance with the conditions of the grading permit; and, 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 Autumn Heights of Rochester, LLC, associated with Final Plat #R2016- 019PLAT that will involve grading that exceeds ten feet of cut and fill on the property. 21 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) Zonel 5\SubLandAlt\2 Exempt DAY OF , 2016. PRESIDENT OF SAID COMMON COUNCIL DAY OF , 2016. 5 MAYOR OF SAID CITY