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RESOLUTION
WHEREAS, Williams Family Partnership requested approval of land disturbing activities
associated with Conditional Use Permit #06-29 that would allow for the placement of fill in and
the excavation of fill from the.Flood Prone District in order to accommodate the development of
property. The applicant is also requesting approval of an Excavation Permit as an exempt
activity. Section 62.1101(13)(1)(a) of the Rochester Code of Ordinances defines such an activity
as a "Substantial Land Alteration". The property is located east of the Menard South store, east
of the current terminus of 28th Street S.E., and north of Highway 52; 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:
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
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• 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 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. Permanent and interim erosion and sediment control plans have been approved
by the City;
• 14. 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.
15. The proposed activity complies with the requirements of the adopted building
code; and,
WHEREAS, on December 11, 2006, and April 2, 2007, 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. After closing the public hearing,
the Council 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.
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• 8. If the applicant agrees with the conditions recommended by staff, and the
application approvals being requested with this petition are approved, the proposal
will comply with regulations or variances will have been granted to allow for
deviation from the applicable regulations.
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 grading plan must be reviewed and approved by Rochester Public
Works and shall comply with reclamation standards identified in Section
62.1108 (2). The applicant will need to file a re-vegetation plan complying
with the requirements of this Section.
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 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.
5. Proposed development is not anticipated to adversely affect the scenic
quality, natural landscapes, environment, wildlife and wildlife habitat.
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.
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• 9. The grading plan must be reviewed and approved by Rochester Public
Works and shall comply with reclamation standards identified in Section
62.1108, 2} The applicant will need to file a re-vegetation plan complying
with the requirements of this Section.
10. 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.
11. Prior to completing development beyond Phase I, the applicant will need
to secure proper permits for impacts to wetlands.
12. The intensity and the anticipated duration of the proposed excavation
activity is appropriate for the size and location of the activity.
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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
Conditional Use Permit, and Sand and Gravel Excavation Permit as an exempt activity subject
to the following conditions:
1. The storm water conveyance system shall be designed to handle.
stormwater runoff, and any development should minimize disturbed areas,
runoff velocities, erosion potential, and reduce or delay runoff volumes;
2. 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
Comp e sive 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.
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3., The grading plan must be reviewed and approved by Rochester Public
Works and shall comply with reclamation standards identified in Section
62.1108, 2. The applicant will need to file a re-vegetation plan complying
with the requirements of.this Section.
4. The areas proposed to be excavated as ponds and the removal of berms
on the Seneca• property proposed for mitigating loss of flood storage
capacity shall be constructed prior to or concurrent with the placement of
fill. Excavation areas providing surface storage shall remain waterbodies
unless otherwise approved through an amendment to this permit.
5. A drainage or flowage easement, shall be granted and recorded across
the portion of the Seneca property which is to provide increased
conveyance of flood waters in conjunction with berm removal. Said
easement shall be in a form approved by the City and shall be recorded
prior to grading.
6. Plans approves shall be the revised plans and information filed March 16,
2007, and March 19, 2007 subject to conditions of approval herein
specified.
• 7. The applicant must meet all wetland requirements.
WHEREAS, on April 2, 2007, the Common Council of the City of Rochester concluded
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 subject to satisfaction of the
above seven conditions of approval.
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 subject to
satisfaction of the above seven conditions of approval.
BE IT FURTHER RESOLVED by the Common Council that the City does approve the
proposed conditional use permit authorizing the sand and gravel excavation activity as an
exempt activity as proposed by Williams Family Partnership associated with Conditional Use
Permit#06-29 subject to the above seven conditions of approval.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS D Y OF �1LeQ 2007.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
ITY CLERK
APPROVED THIS ekD DAY OF ApX4-Q- , 2007.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone05\SUbLandAMCUP0629
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