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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 May 16, 2005, 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. 4. 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. 5. Not applicable. 6. Not applicable. 7. Not applicable. 8. Not applicable. • 2 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 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. 2. 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. 3. 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. 4. The proposed use will not adversely affect air quality or ground water or surface water quality. 5. 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. 6. 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 natural resources. 7. The activity will not unduly affect the use and enjoyment of adjacent properties. 8. The site plan provides for adequate buffers and screening year-round from unsightly features of the excavation operation. 9. The reclamation plan provides for adequate and appropriate restoration and stabilization of cut and fill areas. • 3 • 10. The excavation activity will not result in negative impacts on drainage patterns or stormwater management facilities. 11. The proposed activity will minimize impacts on sinkholes, wetlands and other natural features affecting ground water or surface water quality. 12. The intensity and the anticipated duration of the proposed excavation activity is appropriate for the size and location of the activity. 13. The grading and drainage plans and erosion and sedimentation control plans must be approved by the City prior to commencement of grading activities on this property. 14. The applicant must provide surety that guarantees that 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, and Land use Plan and applicable City policies. Said surety must be provided prior to commencement of grading activities on this property. 15. The proposed activity complies with the requirements of the adopted building code; and, . WHEREAS, the Planning and Zoning Commission recommended approval of the substantial land alteration activity. 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 Mills Properties, Inc., and Rochester Petroleum Equipment, Inc., associated with Preliminary Plat #05-12. BE IT FURTHER RESOLVED by the Common Council that this approval is subject to the following condition: 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. • 4 PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS �� D Y OF 2005. PRESIDENT OF SAID COMMON COUNCIL f ATTEST: - 'YZ ; otpu"�- CITY LER APPROVED THIS 1 44 ( DAY OF -- , 2005. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Zone05\SubLandA1t\07 5