HomeMy WebLinkAboutResolution No. 450-17 (b) - VagabondMinnesotaPartnersI,LLC.PreliminaryPlat#R2017-022PLAT
RESOLUTION
WHEREAS, Vagabond Minnesota Partners I, LLC requested approval of land disturbing
activities associated with Preliminary Plat #R2017-022PLAT 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 southwest of Highway 52, north of Thaddeus Road SW, and east of 30th Street SW;
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
1
or planned development, public facilities, open space resources and other
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 October 2, 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 no greater than 4:1 slopes,
and will be stabilized within seven days of construction initiation.
There are two access points to the site. All construction access will be
from Valleywood Road SW, which will be improved as part of the
development process.
Traffic during grading activities will be at levels common to a development
of this type. The applicant will utilize excess materials on site whenever
possible, limiting the need to move material off-site. Once construction is
complete, traffic will be comparable to that of the surrounding low-density
residential neighborhood.
Once the site is graded, all stormwater will be required to remain on site.
The SLA activity is 200 feet from the southern lot line, adjacent to the
Barony Woods subdivision, and 50 feet from the northeastern lot line,
adjacent to Highway 52.
2. All required grading will occur within the perimeter of the development.
Visual, noise, and dust impacts will be limited to the duration of the road
and utility installation, which will be completed within one construction
season. The environmental impacts of grading on this site to adjacent
properties will be minimal and will adequately mitigated through an
erosion control plan approved by the City, as well as best management
practices.
There are wetlands and Decorah Edge Support Areas on the site. All
grading activities will be outside of the defined wetland and edge support
areas.
3. Construction traffic will be limited to access through Valleywood Road
SW. The movement of materials will be primarily on-site. Any excess
material that cannot be utilized on site will be hauled off site and is not
expected to adversely impact public roads.
3
4. Activity that might impact air quality will comply with all applicable MPCA
regulations and requirements. Existing surface water located in the
delineated wetland to the north will be protected through approved
erosion control and best management practices. Construction activities
and grading will not encroach into edge support areas and are not
intended to impact groundwater. Construction activities will be of a short
to intermediate duration and all slopes will be stabilized.
5. While removal of trees and brush will be necessary due to the grading
required to construct the new roads, the remaining vegetation will be
preserved to the extent possible. No grading will occur in the Decorah
Edge Support area and overall grading of the site will be limited to that
necessary to build the road and install utilities.
6. The proposed use will be single family detached homes. That use is
consistent with the City’s Land Use Plan “low-density residential”
designation, the proposed GDP, and adjacent developments.
7. Stonewood Subdivision will be developed in the same fashion as the
surrounding low density residential developments. The grading will be
confined to the site and completed in a single construction season.
8. The site grading activity will be completed and permanently stabilized
during the 2018 construction season.
9. The Grading Plan will provide for proper restoration and permanent
stabilization.
10. The grading will not result in negative impacts to the drainage patterns.
Stormwater infrastructure will be installed in the streets and water quality
and detention is provided in compliance with the City of Rochester and
MPCA requirements. Stormwater will be discharged into the TH 52 right-
of-way in compliance with MNDOT regulations.
11. There are no known sinkholes identified on the property. Any grading
activity will have to conform to an approved Grading and Drainage Plan
and follow the requirements of the Wetland Conservation Ordinance.
12. The area of the SLA is limited to portions of the site where the new roads
will be built and is in keeping with the development standards of other
similar residential developments. Construction, restoration, and
permanent stabilization will be completed during the 2018 construction
4
season.
13. These elements, if necessary, will be verified in the grading plan approval
process.
14. This will be established in the development agreement.
15. The activity must meet the requirements of the adopted building code.
16. Portions of the property fall within the Decorah Edge Support Area as
shown on the accompanying exhibit. The proposed grading will not impact
this area and will be the minimum amount necessary to develop the site at
the approved capacity and in accordance with applicable codes; and,
17. No excavation is proposed that would potentially impact groundwater flow,
and all excavation will remain in compliance with conditions of the grading
permit; 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 Vagabond Minnesota Partners I, LLC, associated with Preliminary Plat #R2017-022PLAT 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.
5
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\\11
6