HomeMy WebLinkAboutResolution No. 313-06 •
RESOLUTION
WHEREAS, Joel Bigelow & Sons Enterprises, Inc., requested approval of land disturbing
activities associated with Land Subdivision Permit (Preliminary Plat) #06-09 that would allow the
modification of the grades by ten feet or more. Section 62.1101(13)(1)(a) of the Rochester Code
of Ordinances defines such a modification of the grades as a "Substantial Land Alteration". The
property is located along the north side of 55th Street N.W., south of the Douglas Trail and west
of Harvest Moon Boulevard N.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
natural resources;
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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; and,
WHEREAS, on June 5, 2006, 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.
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• WHEREAS, the Cityof Rochester Common Council also reviewed the application
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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, the 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.
10. The excavation activity will not result in negative impacts on drainage
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• 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
Ssubstantial 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 Joel Bigelow & Sons Enterprises Inc., associated with Land Subdivision Permit (Preliminary
Plat) #06-09.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS L4V) DAY OF CZWe , 2006.
R SIDENT OF SAID COMMON COUNCIL
ATTEST
TY CLERK
APPROVED THIS dD7i! DAY OF , 2006.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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