HomeMy WebLinkAboutResolution No. 307-17 - SubLandAlteration.R2017-016CUP.RyanCompaniesUS.Inc
RESOLUTION
WHEREAS, Ryan Companies US, Inc., requested approval for Conditional Use Permit
#R2017-016CUP, which is a request for approval of a Substantial Land Alteration to cut or fill in
excess of ten feet in height in preparation for future development to occur on the Golden Hill
School site. The property is located at the southeast corner of the intersection of Broadway
Avenue South and Third Avenue 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
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 June 14, 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. Site
access is in the north-west corner and the SLA activity is along the
southern border of the site. The project will utilize the existing drive to
limit effects on traffic. The SLA activities are separated from residential
development by Broadway Avenue South.
2. Grading activity related to the SLA will be completed concurrent with the
grading activity to prepare the site for development. Grading activities are
not expected to create on or off-site environmental impacts. A grading
2
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.
The site has potential wetland impacts. A wetland delineation will be
required prior to grading plan or site development plan approval
3. The applicant intends to minimize the amount of material needed to be
removed from the site. The site has access to major roads (County Road
rd
63/ Broadway Avenue South) via 3 Avenue SE, and will be responsible
for roadway sweeping if any material is tracked onto adjacent streets.
4. An approved grading plan will address erosion control and impacts to air
quality, ground water or surface water. There does not appear to have
Decorah Edge features on the site that will be impacted by the grading. A
wetland delineation will be required prior to approval of a grading plan or
site development plan.
5. This is an urban site and the proposed use is commercial retail. It is
zoned B-4 (General Commercial District) and is adjacent to other
commercial and industrial zones. Grading the site will not alter natural
landscape beyond the SLA area, and will not disturb wildlife habitat.
6. Grading of the site is necessary to accommodate a proposed retail use.
The proposed future use is consistent with surrounding development,
zoning, and the Rochester Land Use Plan.
7. Grading activity is unlikely to unduly affect the use and enjoyment of
adjacent properties. Grading for the SLA will be confined to the site and
the property adjacent to the site (per Site Plan).
8. The approved grading plan will identify the required buffers and
screening. The duration of the grading is expected to be completed by
the end of 2017.
9. A reclamation plan is not required. A grading plan is required and will
show compliance with the City of Rochester codes for restoration and
stabilization.
10. The application does not appear to impact the direction of the current
drainage patterns for the site. The activity will result in the removal of an
existing retaining wall. A draft geotechnical report submitted by the
applicant suggests that the retaining wall will be replaced with stabilized
3
areas with appropriate slopes. Grading and drainage plan approval will be
required from Public Works prior to excavation on the site.
11. The site has potential wetland impacts. A wetland delineation will be
required prior to grading plan or site development plan approval.
12. The SLA activity is needed for a relatively small part of a 6.89 acre lot,
and is expected to be completed in 2017.
13. The approved grading plan will account for permanent and interim erosion
and sediment control.
14. The project will require an approved grading plan to prepare the site for
development. The applicant states that the site will be graded to building
pad ready condition and normal construction sureties will be provided.
15. The activity will comply with adopted building code.
16. The site is not in the Decorah Edge or Cummingsville Formation.
However, the applicant’s plan identifies potential wetland impacts.
Proposed impacts are acted on through a separate wetland application.
An approved wetland sequencing and replacement plan will be required
prior to grading plan or site development plan approval; and,
17. This excavation activity will remove an existing hill and is not anticipated
to impact groundwater flows; and,
WHEREAS, the Planning Department staff recommended approval 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 wetland delineation will be required before the issuance of grading
permits or site development plan approval; and,
2. A grading plan is required prior to site development plan approval; and,
WHEREAS, on June 14, 2017, the Planning and Zoning Commission held a public hearing
to consider this application, and forwarded the application to the Common Council without any
recommendation; and,
WHEREAS, on July 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
the two conditions of approval proposed by the Planning Department.
4
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 two conditions of approval.
BE IT FURTHER RESOLVED that the City approve Conditional Use Permit #R2017-
016CUP Substantial Land Alteration requested by Ryan Companies US, Inc., subject to the
above-stated two 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\\CUP1716
5