HomeMy WebLinkAboutResolution No. 291-04 l
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• RESOLUTION
WHEREAS, Mark & Bernard Leitzen applied for a Type III, Phase III Conditional Use
Permit (#04-05) to allow for the placement of fill in the floodprone area and a substantial land
alteration to allow filling a portion of the property greater than ten feet. The proposal is to place
fill in the floodprone area to allow for the expansion of a business. The property is located east
of the Menards south store, south of 30th Street S.E., and north of Highway 52; and,
WHEREAS, R.C.O. §61.146 (Standards for Conditional Use Permits), 62.824
(Conditional Use Permits — flood districts), 62.860 (Construction Standards in the Flood Prone
District) and 62.1105 (Findings Necessary For Issuance of Conditional Use Permits) provide the
relevant criteria for the review of this application; and,
WHEREAS, on April 28, 2004, the Rochester Planning and Zoning Commission held a
public hearing on said conditional use permit, reviewed. the application according to the
requirements of R.C.O. §§ 61.146, 62.824, 62.860 and 62.1105, and made the following findings
of fact:
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 Commission 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 grading
and drainage plans will need to comply with City standards and be
approved by the Rochester Public Works Department.
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. All
fill material exists on site and will be used to level the slopes within this
plat to more suitable grades for residential uses. Noise and dust control
will need to comply with City standards.
3. The equipment conducting the grading work on the property will also be
the equipment utilized to move the earth.
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• 4. The proposed excavation work should not affect air quality or ground and
surface water quality.
5. The proposed grading work should not adversely affect the scenic quality
of Rochester.
6. The result of the proposed activity will be compatible with existing
development and development anticipated in the future. The finished
result of the grading work will allow for development that is consistent with
the land use plan.
7. The grading will be confined to the property and should not affect the use
and enjoyment of adjacent properties.
8. The grading will only take place during one phase. Noise and dust control
will need to comply with City standards.
9. 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 for the development.
11. A wetland delineation will need to be completed and appropriate permits
will need to be secured if any impacts are proposed to wetlands.
12. The grading work is expected to be completed in one phase. 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 activity. This surety can be provided through
the owner-contract process for this development. If grading is to occur prior to
an owner-contract, a separate surety will need to be provided. Additional surety
will be required if public roads are used for hauling materials.
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,
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WHEREAS, the Planning and Zoning Commission, based upon the above findings of
fact, recommended approval subject to the following conditions:
1. The applicant must obtain approval of the grading and drainage plan prior
to any grading activity taking place on the property, including zoning
approval. The applicant must demonstrate that the proposed fill will not
increase the flood risk to abutting and downstream properties.
2. Prior to the issuance of a grading permit for the property, the applicant must
comply with the memo dated April 28, 2004, from John Harford.
3. Prior to development of the property, the site plan must be reviewed
through the site development plan review process.
4. If 28t" Street S.E., is to be used as a haul road for transportation of
excavated and fill material, the applicant will be required to post a $25,000
surety, in a form accepted by the City Engineer, to be used by the City to
repair any damages that may occur to 28" Street S.E.
5. No filling can occur within the exiting recorded electric utility easement.
• 6. Any relocation of existing RPU-owned electric facilities must be done at the
expense of the owner/developer.
7. New utility easements will need to be granted for any relocated facilities.
WHEREAS, the Common Council held a public hearing on the conditional use request on
June 7, 2004, and permitted all interested persons to be heard; and,
WHEREAS, following the public hearing, the Common Council determined that the
applicant satisfied the, conditions of R.C.O. §§61.146, 62.824, 62.860 and 62.1105 by a
preponderance of the evidence submitted at the public hearing.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the Conditional Use Permit #04-05 requested by Mark & Bernard Leitzen is
granted subject to the above seven conditions.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF C..T(06 , 2004.
SIDENT OF SAID COMMON COUNCIL
ATTEST:
4CT Y CLERK
APPROVED THIS `1 DAY OF , 2004.
MAYOR OF SAID CITY
(Seal of,the City of
Rochester, Minnesota;
Zo ne20001C and use.405
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