HomeMy WebLinkAboutResolution No. 630-03 RESOLUTION
WHEREAS, Forbrook-Bigelow Development requested approval of land disturbing
activities associated with a development to be known as Oakridge Manor and which Section
62.1101(13)(1)(a) of the Rochester Code of Ordinances defines as "Substantial Land Alteration;"
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;
G. The activity will not unduly affect the use and enjoyment of adjacent properties;
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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 December 1, 2003, 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.
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:
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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.
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.
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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 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 prior to commencement of grading activities on
the property that guarantees the site will be fully restored after the completion of
the excavation activity. The applicant will need to submit a Performance Bond in
an amount determined by the City Public Works assuring that the site will be fully
restored after completion of the excavation activity.
15. The grading and drainage plan will need to be approved by the Rochester Public
Works Department prior to.any grading on the property; 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
Wochester 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, 62.1105 of the Rochester Code of Ordinances subject to the above
three conditions.
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 Forbrook-Bigelow to be known as Oakridge Manor.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS /sr DAY OF PF�'EmB —, 2003.
�f
PRESIDENT OF SAID COMMON COUNCIL
ATTEST
CITY CLERK
APPROVED THIS d DAY OF 7.E�t3EP-- , 2003.
MAYOR OF SAID CITY .
(Sea[ of the City of
Rochester, Minnesota)
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