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HomeMy WebLinkAboutResolution No. 213-17 - MarionRoadStorehouse,LLC.SubLandAlterationR2017-005CUP RESOLUTION WHEREAS, Marion Road Storehouse, LLC, requested approval for Conditional Use Permit #R2017-005CUP, which is a request for approval of a Substantial Land Alteration to cut or fill in excess of ten feet in height for a self-service storage facility. The property is located at the th southeast corner of Marion Road S.E., and 29 Street S.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 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; 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 April 12, 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 a portion of the site along the east property line. 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 SLA activity will not generate excessive traffic. 2. Grading will be confined to the site. The SLA activity, which is limited to the portion of the site along the east property, is not expected to create off-site environmental impacts. The site has no evidence of wetlands or 2 Decorah Edge features. A grading plan, which will identify mitigation measures for various impacts, is required prior to grading of the site. The approved grading plan will include erosion control measures. 3. The application states a general intent to avoid or minimize the use of trucks and heavy equipment on surrounding public roads: “Ultimately, the intention is to balance site materials while accomplishing the finish grades necessary for the proposed building site. This will result in cut on the easterly half of the site, and fell on the westerly half of the site. The amount of cut calculated for the proposed project is approximately 26,230 cubic yards, and the volume of fill calculated for the proposed project is approximately 28,338 cubic yards.” 4. The site does not contain wetland or Decorah Edge features that could be affected by grading activity. The site is relatively small at 7 acres. Grading of the site is not likely to affect air quality. An approved grading plan will address erosion control and impacts to air quality, ground water or surface water. 5. The site is located along Marion Road, and is adjacent to developed sites. The site does not include significant existing vegetation. Grading of the site will not alter natural landscape beyond the site, and is not anticipated to disturb wildlife habitat. 6. The grading activity will flatten much of the site from existing grade to accommodate the proposed self-service storage use. Preparation of the site for this use is consistent with the B-4 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. Review of the application by the LGU has determined that there are no wetland features. The application shows that the site does not have 3 Decorah Edge features. Existing topography does not appear to include features that are likely to be sinkholes. 12. Although grading activity will occur throughout the site, the substantial land alteration is needed for a portion of the site along the east property line. The mass grading of the site is expected to last approximately 2 months, according to the applicant. Minor grading will occur during building construction and utility installation. 13. An email from the applicant states that the Grading and Drainage plan is currently under review with the Public Works Department and includes erosion and sediment control measures (infiltration basins, erosion control blanket, storm sewer inlet protection, silt fence, ditch checks, etc.). Additionally, a Storm Water Pollution Prevention Plan (SWPPP) will need to be prepared as part of the MPCA/NPDES Stormwater Permit. The SWPPP includes all necessary erosion and sediment control for the site as required by the MPCA. 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 adopted building code. 16. The grading requiring SLA approval is limited to the eastern boundary of the site. The proposed grading does not appear to be an excessive amount to accommodate the proposed use. The site is not within 1,000 feet of an Edge Support Area, groundwater supported wetland, or wellhead protection emergency response area; and, 17. Grading activity does not appear to impact groundwater flow. The site does not have Decorah Edge features, and there is no evidence of wetlands on the site; 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 conditions of approval: 1. A grading plan must be approved prior to grading activity taking place; 2. The applicant shall coordinate grading plan review with Olmsted Count Public Works; and, 4 WHEREAS, on May 1, 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- 005CUP Substantial Land Alteration requested by Marion Road Storehouse, LLC, subject to the above-stated three conditions of approval. 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\\CUP1705 5