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Home My WebLink AboutResolution No. 374-17 (b) - WillowHeights,LLC.PrelimPlatR2017-019PLAT RESOLUTION WHEREAS, Willow Heights, LLC requested approval of land disturbing activities associated with Preliminary Plat #R2017-019PLAT 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 on the th north side of 40 Street S.W; 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 August 21, 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 project is not a danger to life or property. The slopes will not be steep or unstable. Only a portion of the site will include cuts or fills in excess of 10 feet. Traffic during grading will be at levels common to a development of this type and will be limited to contractors and trucks delivering/hauling materials. The substantial land alteration areas will not have an impact on the adjacent land and will not impact any existing parks or roadways. 2. The construction activities for the SLA are no different than the construction activities used to construct the existing subdivisions in the area. On or off site environmental impacts are not likely to be excessive. 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 proposed use is single family residential and will not adversely affect air quality, ground water, or surface water quality. 5. The proposed use is single family residential development. The SLA is intended to facilitate this use, and will occur over a relatively small portion of the site. 6. The use is consistent with the GDP that has being reviewed concurrently with this preliminary plat application. 7. 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. There will be no undue effect on the use and enjoyment of adjacent properties. 8. Excavation/embankment will likely be short term so buffers and screening will not be required. The areas disturbed will be for roadways and building pads for new homes. 3 9. A reclamation plan is not needed because of the relatively small size of the substantial land alteration area. 10. This criterion is met and will be verified in the grading plan approval process. 11. The area of grading does not contain sinkholes and will not affect the groundwater or the subsurface water quality once restoration and stabilization is completed. 12. The expected duration of grading activity is expected to be relatively short and consistent with a subdivision of this size. 13. This criterion is met and will be verified in the grading plan approval process. 14. This surety must be provided prior to commencement of grading activities on the property, and is often included in a development agreement. 15. This criterion is met and will be verified in the grading plan approval process. 16. Portions of the proposed SLA are located within the Decorah Edge or Cummingsville Formations that are within 1,000 feet of Edge Support Areas, groundwater supported wetlands, or wellhead protection emergency response area. The SLA areas are relatively small portions of the area proposed for development and of the overall site. All of the SLA areas are located along proposed roadways, which must meet minimum slope requirements. It is likely that a larger amount of the site would need to be graded in order to accommodate the density allowed through the site capacity calculation; and, 17. Of the four areas shown as having 10 feet or more of cut or fill, only one of these will have more than 10 feet of cut. This area of cut does not appear to impact groundwater flows; 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. 4 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 Willow Heights, LLC, associated with Preliminary Plat #R2017-019PLAT 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\\10 5