Loading...
HomeMy WebLinkAboutResolution No. 327-17 (b) - BellaTerra,LLC.PrelimPlatR20147-016PLAT RESOLUTION WHEREAS, Bella Terra, LLC requested approval of land disturbing activities associated with Preliminary Plat #R2017-016PLAT that will involve moving 500 cubic yards or more of earth that involves a change in the natural or pre-existing grades of ten or more vertical feet for any portion of the parcel. Section 62.1101, subd. 2(A),(1),(d) of the Rochester Code of Ordinances defines such activity as a “Substantial Land Alteration.” The property is located east of East Circle Drive N.E., and north of Silver Creek Road N.E.; 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; P. For areas of the Decorah Edge or the Cummingsville Formation that are within 1,000 feet of Edge Support Areas, groundwater supported wetlands, or wellhead protection emergency response area and delineated by Rochester Public Utilities for municipal wells, the land alteration is the minimum amount necessary to develop at the site capacity determined in accordance with Section 61.532; Q. For any areas in which groundwater flows may be intercepted by excavation, provision is made to direct such flows to managed wetlands for treatment and re- infiltration, if feasible; and, 2 WHEREAS, on July 17, 2017, the City of Rochester Common Council held a public hearing on this Substantial Land Alteration application, reviewed the application according to the requirements of R.C.O. § 61.146, subd. 1, and concluded none of the required findings that would support denial of the application could be made; and, WHEREAS, the City of Rochester Common Council also reviewed the application according to the requirements of R.C.O. § 62.1105 and made the following findings: 1. The activity will not result in a danger to life or property. The finished slopes will be common to residential lots with mowable 3:1 and 4:1 slopes. Traffic during grading will be at levels common to a development of this type. The owner will use normal construction methods during allowable/daytime working hours. The construction traffic and vehicle parking will be limited to the subdivision whenever possible. The SLA will allow the development proposed in the approved General Development Plan for Century Valley Subdivision (R00344GDP) to move forward. 2. The construction activities for the SLA are no different than the construction activities used to construct the existing subdivisions in the area. Any nuisances associated with the SLA can be minimalized to lessen the effect on the residents in the area. Grading activity will occur during allowable working hours, and the excavated material will remain on site to be used as fill in lots and roadways. 3. There will not be an excessive amount of truck traffic beyond what is normal for grading activity in a newly platted area. The movement of materials is primarily onsite and will not impact public roads. 4. The construction activities for the SLA are no different than the construction activities used to construct the existing subdivisions in the area. The proposed future use is single family residential. Neither the proposed future use, nor the SLA activity are anticipated to adversely affect air quality, ground water, or surface water quality. A wetland delineation has identified wetlands and streams on the site, and an approved grading plan will be required prior to any grading of the site. 5. The SLA area is on only a small portion on the site and the total height of cut/fill is not anticipated to exceed 17 feet. The grading is not expected to disturb Rochester’s natural landscapes, environment, wildlife, or wildlife habitat. 6. The proposed use will be single family detached homes. The use is consistent with the GDP that has been approved for the property. The 3 use is consistent with adjacent development. 7. The SLA activity is expected to be substantially completed by the end of 2017. There will not be an excessive amount of truck traffic beyond what is normal for grading activity in a newly platted area and the grading activities are primarily confined to the site. 8. Excavation/embankment will be short term so buffers and screening will not be required. Grading activities are expected to last one construction season, and is anticipated for 2017. The grading activities are associated with the development of a residential housing project. 9. This criteria is met and will be verified in the grading plan approval process. 10. This criteria is met and will be verified in the grading plan approval process. 11. There are no known sinkholes identified on the property. A wetland delineation has identified wetlands and an ephemeral stream on the west portion of the site. The SLA does not propose grading in the wetland and ephemeral stream area. All grading will need to be consistent with the Wetland Conservation Ordinance requirements. 12. The SLA activity is on two small portions of a 17.5 acre site. The grading activity is necessary to develop this land into residential lots, consistent with the approved General Development Plan. The grading activity will be substantially complete by the end of 2017. 13. These elements, if necessary, will be verified in the grading plan approval process. 14. This will be established in the development agreement. 15. This criteria is met and will be verified in the grading plan approval process. 16. The SLA site is within the Decorah Edge and within 1000 feet of Edge Support Areas. The SLA activity will be on a relatively small portion of a 17.5 acre site, and the cut/fill required to adequately grade the site is reasonable for the proposed future use. The applicant has provided an updated site capacity calculation identifying steep slopes, wetlands, and edge support areas. The proposed density for the proposed use of the 4 site is within the allowable density for the site. The proposed future use is reasonable, with reasonable grades. All grades will be verified in the grading plan approval process; and, 17. The SLA area is not within 50 feet of wetlands or the ephemeral stream identified in the wetland delineation for the site; and, WHEREAS, the Planning and Zoning Commission recommended approval of the substantial land alteration activity based upon the above findings of fact. 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 substantial weight of the evidence submitted at the public hearing that it has satisfied the criteria found at sections 61.146 and 62.1105 of the Rochester Code of Ordinances. BE IT FURTHER RESOLVED by the Common Council that the City does approve the proposed conditional use permit authorizing the Substantial Land Alteration activity as proposed by Bella Terra, LLC, associated with Preliminary Plat #R2017-016PLAT that will involve moving 500 cubic yards or more of earth that involves a change in the natural or pre-existing grades of ten or more vertical feet for any portion of the parcel. 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\\9 5