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Home My WebLink AboutResolution No. 207-09 31 • RESOLUTION WHEREAS, City of Rochester Public Works Department requested approval of land disturbing activities associated with General Development Plan #RO 862 at would (lll) of the ow the modification of the grade on the property by more than ten feet. Section Rochester Code of Ordinances defines such activity as a "Substantial Land Road N.E., west of TH 63 and Alteration". north of property is located along the east side of East Riv Rochester Public Utilities; 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 ial areas canbee environmental impacts on adequat adequately mitigated by the public parks, roadways and reside• Applicant to demonstrate Applicant and a fully detailed plan is submitted by the App the source of the mitigation methods to be used, the cost of such mitigation, 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 such mpact safety and be maintenance of public roads providing access to e, 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 and wildlife habitat; t quality f or if such Rochester effects natural landscapes, environment, wildlife 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 the mprelopment hens ve anticipated in the future, including other use as ationl uses, Plan, including but not limited to: patterns f land space eesouaces andxother or planned development, public facilities, pen p natural resources; 1 G. The activitywill 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; 1. 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 imp sinkholes, wetlands and other natural features affecting ground water o surface wake L. The intensity and the anticipated duration of the proposed excavation activity is activity; appropriate for the size and location of the Y, M. Permanent and interim erosion and sediment control plans have been approved by the City; y restored, after N. Surety has been provided that• guarantees the site safe cond t will olnb and that permits completion of the excavation activity, to 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 18, 2009, 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 and made the following findings: 1. Not applicable. 2. Not applicable. 3. Not applicable. rove the 4. The Rochester Public Works grading and drainage plan oepth Sent ll need t work! This pla review n must accommodate permanent and interim erosion and sediment control. The slopes on the site are proposed to be 2.5:1. A geotechnical report has been pre pared on theppooved posed 2.5:1 slopes. The grading plan with the 2.5:1 slopes the City Engineer accepts the report and the City Council waives the provision of the 3:1 slopes. 5. Not applicable. • 2 • 6. Not applicable. 7. Not applicable. 8. Not applicable. .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 should not result in danger to life or property. The slopes on the site are proposed to be 2.5:1. The slopes on the site will be a maximum of 3:1 and only a portion of the grading involves cuts of fills in excess of ten feet. 2. The grading plan for this project needs to be approved by the Rochester Public Works Department and it will document the extent of the work. Noise and dust control will need to comply with City standards. lso 3. The equipment conducting the grading ork on te All mat h alpsroperty will stay olnas te.blt the equipment utilized to move the earth will not be necessary to truck in fill or haul fill from the site, which will minimize the impact on the surroundings roads. 4. The proposed excavation work should not affect air quality or ground and • surface water quality. 5. The proposed grading work should nste slop esly ffect the scenic rockfacequality y s of Rochester. There will not be any p or exposed The natural topography of the area is being re-graded to provide adequate slopes for development. 6. The result of the proposed activity will be the future. The finished with existing development and development anticipated result of the grading work will allow for development that is consistent with the land use plan. not t the use 7. The grading will be confined tothe erty and The duration the excavation activityand enjoyment of adjacent properties. roximatel activity is expected to be completed in one phase lasting approximately two months. 8. The grading will only take place during one phase taking approximately two months. Noise and dust control will need to comply with City standards. • 3 • g, The grading and drainage plan will need to provide the proper restoration and stabilization in accordance with the adopted codes for the City of Rochester. 10. The grading and drainage plans will need to be reviewed and approved by the City. Stormwater management will be required forta nd elopm ont. ns The grading plan will address existing drainage problems correct site erosion. 11. The areas of grading do not contain sinkholes r wetlands restoration andshuld not affect the ground water or surface quality on nd stabilization is completed. 12. The grading work is expected to be completed in one phase lasting approximately two months. The duration seems appropriate for this type of activity and the size of the project. 13. The Rochester Public Works Department will need to review and approve the grading and drainage plan for this work. This plan must accommodate permanent and interim erosion and sediment control. 14. Surety will need to be provided that guarantees the site will be fully • restored after the completion of the excavation ocess for this devlelopment,s surety alf be provided through the owner-contra p will need grading is to occur prior to an owner-contract, a separate surety to be provided. Ian will need to be approved by the Rochester 15. The grading and drainage pl an Public Works Department prior to any grading on the property. 16. The property is not located within the Decorah Edge or the Areas.Cummingsville Formation that are within 1,000 feet of Edge Support 17. No ground water will be encountered by the grading activities; and, ended approval of the WHEREAS, the Planning and Zoning Commission recomm substantial land alteration activity based upon the above findings of fact. f NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City o N the Applicant has shown by a Rochester that, based upon the above-stated findings of fact, has e criteria substantial weigh t of the evidence submitted at the public hearing that rtl Ordinances lI he following found at sections 61.146 and 62.1105 of the Rochester Code o condition of approval is satisfied: • 4 1. The applicant shall provide surety that guarantees the site will be fully restored • after the completion of the excavation activity. Said surety must be provided prior to commencement of grading activities on the property. 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 the City of Rochester Public Works Department associated with General Development Plan #R00289 that would allow the modification of the grade by greater than ten feet subject to the one condition. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS l SO) SAY OF 2009. ? f PRESIDENT OF SAID COMMON COUNCIL ATTEST: (/ flaps CITYC ERN APPROVED THIS C1 � DAY OF I / la 12009. • MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Zo ne05\S ubLandAlt\39 • 5