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HomeMy WebLinkAboutResolution No. 266-17 - RecreationLanesProperty&MTG,LLC.SubstantialLandAlterationR2017-009CUP RESOLUTION WHEREAS, Recreational Lanes Property & Mgt, LLC, requested approval for Conditional Use Permit #R2017-009CUP, which is a request for approval of a Substantial Land Alteration to cut or fill in excess of ten feet in height for a proposed indoor use. The property is located directly th north of 19 Street N.W., and west of Ashland Drive N.W.; 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 May 10, 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. According to the submitted conceptual grading plan, slopes on site will not be steep. 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 significantly more traffic than a grading plan for a similar site without an SLA. 2. Grading activity related to the SLA will be completed concurrent with the grading activity to prepare the site for development. Grading activities are 2 not expected to create on or off-site environmental impacts. 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 SLA and removal of fill from the site will not adversely affect air or water quality. An existing storm water treatment basin on the site will be utilized to ensure the quality of water leaving the site. An approved grading plan will address erosion control and impacts to air quality, ground water or surface water. 5. The site is located adjacent to existing development, and the site has been graded previously. 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 remove existing fill. Grading of the site is necessary to accommodate a proposed family recreation building, which is a use that is consistent with surrounding development and zoning. 7. Grading for the SLA 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. The duration of the grading activity is expected to be short to facilitate the development of the commercial business. 9. Due to the relatively minor amount of necessary grading, a reclamation plan is not required. The grading plan is required, and will show compliance with codes for the City of Rochester for restoration and stabilization. 10. The grading of the site for the SLA will not significantly alter the current pattern of drainage. Development of the site to accommodate a commercial use will require approval of a grading plan to ensure that drainage patterns are minimally impacted and that stormwater management facilities are appropriately utilized. 3 11. No wetlands exist on the proposed site. 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. According to the application, grading of the site will use best management practices similar to those used for other commercial development of the same size and type. 13. The grading plan, to be reviewed by the Rochester Public Works Department, will account for permanent and interim erosion and sediment control. 14. The excavation activity will be completed as part of grading activity to accommodate a future commercial building and associated parking lot. The project will require an approved grading plan to prepare the site for the proposed use. The application states that “surety will be provided based on the City’s requirements.” 15. The activity will comply with adopted building code. 16. The grading requiring SLA approval is limited to small portions 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. From the application: “Based on soil borings performed, the project is not anticipated to intercept groundwater flows;” 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. Truck hauling traffic shall be held as close as feasible to the intersection th of 19 Street and Ashland Drive; and, WHEREAS, on June 5, 2017, the City of Rochester Common Council held a public hearing to consider this application, and adopted the findings of fact and recommended approval subject to one condition of approval proposed by the Planning and Zoning Commission. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester 4 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 condition of approval. 5 BE IT FURTHER RESOLVED that the City approve Conditional Use Permit #R2017- 009CUP Substantial Land Alteration requested by Recreation Lanes Property & Mgt 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\\CUP1709 6