HomeMy WebLinkAboutResolution No. 125-17 - PartnerStorage,LLC.ConditionalUsePermit#R2017001CUP.
RESOLUTION
WHEREAS, Partner Storage, LLC, requested approval for Conditional Use Permit #R2017-
001CUP, which is a request for approval of a Substantial Land Alteration to fill at least ten feet in
preparation for development of a self-service storage facility. The property is located to the west
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of the terminus of 59 Street N.W., at Bandel Road N.W., north of 55 Street N.W., and east of
Highway 52; 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
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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;
I. 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 February 22, 2017, 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 will not result in steep or unstable slopes. SLA
activity with fills of greater than 10 feet cover only small portions of the
site. Slopes on site will be a maximum of 3:1. Proposed fill areas of
greater than 10 feet do not impact access to the site, and will not be
located adjacent to a roadway. The proposed use will not generate
excessive traffic.
2. The applicant will obtain an approved grading plan from the City that will
document the appropriate final conditions to meet city standards. The
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application states that "any proposed impacts to adjacent properties have
been agreed upon with written permission between the property owners
prior to excavation beginning.”
3. Grading activity is not anticipated in include trucking of fill to or from the site.
4. According to the application, grading activity will be of "short intermediate
duration." An approved grading plan will address erosion control and
impacts to air quality, ground water or surface water.
5. The site is adjacent to Highway 52 among developed sites. Grading of the
site will not alter natural landscape, and is not anticipated to disturb
wildlife habitat.
6. The site and proposed uses are consistent with surrounding uses and
permitted within the base zoning district.
7. Grading will be confined to the site, and will not unduly affect the use and
enjoyment of adjacent properties.
8. The grading plan approval will identify required buffering and screening
activity.
9. The grading plan will follow codes for the City of Rochester for restoration
and stabilization.
10. Grading plan review will ensure that grading will not result in negative
impacts to drainage patterns. The grading of the site will not significantly
alter the current pattern of drainage.
11. The application states that the area of grading does not contain
sinkholes. It also states that activity will not affect groundwater or surface
water quality once restoration and stabilization is completed.
12. Excavation is expected to be completed within 2017. Grading will occur
throughout the site, but SLA activity includes a relatively small portion of
the site.
13. From the application submittal: Permanent and interim
erosion/sedimentation control will be provided for in the grading plan. A
SWPPP plan NPDES permit shall govern to ensure conformance with all
best management practices. The City will receive this plan prior to
issuance of a grading permit.
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14. The project will require an approved grading plan to prepare the site for
the proposed use. A performance and payment bond is required for the
proposed grading work.
15. The activity will comply with the adopted building code.
16. The amount of proposed grading does not appear to be an excessive
amount to accommodate the proposed use. The site does not contain
Decorah Edge features; and,
17. Grading activity does not appear to impact groundwater flow; 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. A grading plan must be approved prior to grading activity taking place;
and,
WHEREAS, on March 20, 2017, the City of Rochester Common Council held a public
hearing to consider this application, and adopted the findings of fact and recommended condition
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 one condition of approval.
BE IT FURTHER RESOLVED that the City approve Conditional Use Permit #R2017-
001CUP Substantial Land Alteration requested by WSB & Associates subject to the above-stated
one condition of approval.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2017.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2017.
__________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone15\\SubLandAlt\\CUP1701
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