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HomeMy WebLinkAboutResolution No. 235-17 - Venstar,LLC.SubstantialLandAlteration.R2017-007CUP RESOLUTION WHEREAS, Venstar, LLC, requested approval for Conditional Use Permit #R2017- 007CUP, which is a request for approval of a Substantial Land Alteration to cut or fill in excess of th ten feet in height for an office use. The property is located on the west side of 40 Avenue N.W., st and the east side of West Circle Drive. It is located approximately halfway between 41 Street N.W., to the north and Valleyhigh Drive N.W., to the south; 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 1 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 April 26, 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 ten feet cover only a portion of the site on the west side of the proposed development. Slopes on site will be a maximum of 3:1. Proposed fill areas of greater than ten 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 located on the site and the adjacent property to the south. The owner of the proposed office site is one of the owners of the property to 2 the south. The SLA activity, which is limited to the western portion of the site, is not expected to create environmental impacts within or outside of these two properties. The site has no evidence of wetlands or 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 use of trucks will be needed to haul fill from the site. The SLA area is relatively small, and the amount of fill removed from the site related to the SLA will be relatively minimal. 4. The site does not contain wetland or Decorah Edge features that could be affected by grading activity. 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. At approximately 2.5 acres, the site is relatively small and located in a developed area on the east side of West Circle Drive N.W. 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 is needed to accommodate a proposed office building, which is a use that is consistent with surrounding development and zoning. 7. Grading will be confined to the site and the adjacent site to the south. The application states that the SLA activity will be confined to the site. Grading activity is unlikely to affect the use and enjoyment of adjacent properties. 8. The grading plan approval will identify required buffering and screening activity. Grading is intended to be completed within during 2017. 9. The grading plan is required and will show compliance with codes for the City of Rochester for restoration and stabilization. 10. The 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. A wetland delineation has been carried out for the property and is on file with the Planning Department. No wetlands exist on the proposed site. 3 The City of Rochester Decorah Edge Map shows no evidence of Decorah Edge features. Existing topography does not appear to include features that are likely to be sinkholes. 12. The SLA activity is needed for a relatively small part of a 2.5 acre site. Grading activity is expected to be completed in 2017. 13. The grading plan will account for permanent and interim erosion and sediment control. A Storm Water Pollution Prevention Plan (SWPPP) will need to be prepared as part of the MPCA/NPDES Stormwater Permit. 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. The bond will be provided through the grading contractor. 15. The activity will comply with adopted building code. 16. The grading requiring SLA approval is limited to the western 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. Slopes will generally remain in the same direction as existing grades. The site does not have Decorah Edge features, and a wetland delineation for the site shows no evidence of wetlands; 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 May 15, 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 4 imposition of the above-stated condition of approval. 5 BE IT FURTHER RESOLVED that the City approve Conditional Use Permit #R2017- 007CUP Substantial Land Alteration requested by Venstar, LLC, subject to the above-stated condition 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\\CUP1707 6