HomeMy WebLinkAboutResolution No. 106-11 • RESOLUTION
WHEREAS, the Rochester Sand and Gravel Division of Mathy Construction applied for a
renewal of its Type III, Phase II, Restricted Development Conditional Use Permit #05-06 to
permit the establishment of a hot mix asphalt facility on property located east of T.H. 63, south of
60t" Street South and northeasterly of Machinery Hill within the Quarve Quarry Pit; and,
WHEREAS, since a hot mix asphalt facility is not a permitted use in this zoning district,
the Applicant has proposed the development by way of the restricted development provisions;
and,
WHEREAS, R.C.O. §62.700 recognizes that certain land uses which are generally not
allowed within a given zoning district can, if regulated, "serve both the public interest and allow a
more equitable balancing of private interests than that achieved by strict adherence to standard
zoning regulations;" and,
WHEREAS, this application is being processed as an amendment to a Restricted
Development Final Plan following the Type III, Phase III procedure with a hearing before the
Planning Commission and a hearing before the Council; and,
WHEREAS, R.C.O. § 62.708 (Criteria for Type III Developments) provides the relevant
criteria for the review of this application; and,
• WHEREAS, the Planning Department applied the criteria found at section 62.708 to this
application and prepared the following findings of fact:
1) Preliminary Development Plan Criteria:
a) Capacity of Public Facilities: The proposed hot mix asphalt
(HMA) facility will not result in a need for sanitary sewer or water
facilities on-site. Electrical power needed for the facility is
available.
b) Geologic Hazards: There are no known geologic hazards on the
property.
c) Natural Features: The HMA site is proposed to be located on the
existing quarry floor. There are no unique natural features on the
property that have been identified.
d) Residential Traffic Impact: Access to this property will be
primarily from the north TH 63 quarry access. This access utilizes
the existing frontage road access which is across from the 60" St.
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SW access on TH 63. The frontage road also has a south access.
Secondary access to the property would be from the east side of
the Quarry, at St. Bridget Road/CR 20. There should be no impact
to residential roadways as a result of this application. Following the
2003 approval of a conditional use permit for a HMA plant at this
location, the applicant paved both accesses.
e) Traffic Generation Impact: At this time, no road authority has
indicated a concern that anticipated traffic would cause the
capacity of the adjacent streets to be exceeded. MnDOT's referral
finds the traffic impact acceptable. MnDOT points out that US 63 is
classified as a Medium-Priority Interregional Corridor which is
planned to transition to a freeway facility in the future. This transition
would include closures of at-grade intersections, including the 60th
Street access to US 63.
f) Height Impacts: This site does offer some unique opportunities
for buffering and screening. The height of the quarry wall directly
west of the proposed site is approximately 100 feet. To the north
of the HMA site, the quarry wall drops to approximately 70 feet.
Additionally, an existing row of mature evergreen trees exists along
a portion of the west property boundary, between the north TH 63
entrance (across from the 60th St. intersection with TH 63) and
Machinery Hill. Due to topography and design of the quarry it
appears the HMA site would be most visible from the east (i.e. east
of St. Bridget Road/CR 20). From the west, the visible portion of the
HMA site would be the extended bag-house stack, which is
proposed to be approximately 160 feet above the quarry floor.
Approximately the upper 60 feet would be visible from the west.
g) Setbacks: The HMA plant site is approximately 800 to 900 feet
from the west property boundary. Setbacks from the north, west
and south property boundaries would be more than mile.
h) Internal Site Design: A layout of the proposed HMA plant is
included in the application materials. From the HMA site, access
will be available either to the east to St. Bridget Road/CR 20 or to
the TH 63 accesses to the Quarry. The primary access is planned
to be the north TH 63 access, which is located at the intersection of
TH 63 and the 60th St. SW and east Frontage Road.
i) Screening and Buffering: This site does offer some unique
opportunities for buffering and screening. The height of the quarry
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wall directly west of the proposed site is approximately 100 feet.
To the north of the HMA site, the quarry wall drops to
approximately 70 feet. Additionally, an existing row of mature
evergreen trees exists along a portion of the west property
boundary, between the north TH 63 entrance (across from the 60t
St. intersection with TH 63) and Machinery Hill. Due to topography
and design of the quarry it appears the HMA site would be most
visible from the east (i.e. east of St. Bridget Road/CR 20). From
the west, the visible portion of the HMA site would be extended bag-
house stack, which is proposed to be approximately 160 feet above
the quarry floor. Approximately the upper 60 feet would be visible
from the west.
j) Ordinance Requirements: There should be adequate room
on-site for employee parking and internal circulation of truck traffic.
This use will be subject to meeting the Industrial Performance
Standards of the Rochester Zoning Ordinance and Land
Development Manual (Sec. 63.600 et. seq.).
k) General Compatibility: The site is separated from adjacent residential
uses to the west by the quarry wall and the right of way of TH 63, so that
the nearest house is roughly 1,400 feet away. The bag-house was
increased in height in order increase dispersion of emissions and thereby
. to reduce the effects of the HMA to surrounding neighbors. Approximately
the upper 60' would be visible from the west. This applicant is again
proposing to use an odor mask in the mix to neutralize and minimize odor
from the plant. Additionally, this use will be subject to meeting the
Industrial Performance Standards of the Rochester Zoning Ordinance and
Land Development Manual (Sec. 63.600 et. seq.). It has been the
experience of the Rochester-Olmsted Planning Department that existing
hot mix asphalt facilities in the County have not generated a history of
complaints related to noise, odor or dust. During the operation of their
previous CUP, there were complaints from neighbors to the west about
odors and emissions from the HMA plant, however.
1) Non-Vehicular and Alternate Modes of Travel: The proposed
development isn't pedestrian oriented since this is the business in which
pedestrians would not be walking to. The business serves trucks which are
hauling bituminous. The plant is located within an active quarry where
heavy machinery operates and pedestrian traffic would be in conflict with
the operation of the quarry.
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2) Final Development Plan Criteria:
a) Public Facility Design: The proposed hot mix asphalt (HMA)
facility will not result in a need for sanitary sewer or water facilities
on-site. Electrical power needed for the facility is available.
b) Geologic Hazards: There are no known geologic hazards on the
property.
c) Access Effect: Access to this property will be primarily from the
north TH 63 quarry access. This access utilizes the existing frontage
road access which is across from the 60th Street S.W., access on TH
63. The frontage road also has a south access. Secondary access
to the property would be from the east side of the Quarry at St.
Bridget Road/CR 20. There should be no impact to residential
roadways as a result of this application. Following the 2003 approval
of a CUP for an HMA plant at this location, the applicant paved both
accesses.
d) Pedestrian Circulation: Pedestrian facilities and pedestrian
circulation should not be impacted by this proposal.
e) Foundation and Site Plantings: This plant is not a permanent
structure and the HMA site sits on the floor of the quarry below grade
and out of view from most of the surrounding area (except for silos
and stack). Foundation plantings would not be needed nor
reasonable considering the use and visibility of plantings that would
be located near the equipment site.
f) Site Status: This criterion is not applicable to this project.
g) Screening and Bufferyards: This site offers unique
opportunities for buffering and screening. The height of the quarry
wall directly west of the proposed site is approximately 100 feet. To
the north of the HMA site, the quarry wall drops to approximately 70
feet. Additionally, an existing row of mature evergreen trees exists
along a portion of the west property boundary, between the north TH
63 entrance (across from the 60th Street intersection with TH 63) and
Machinery Hill. Due to topography and design of the quarry, it
appears the HMA site would be most visible from the east (i.e., east
of St. Bridget Road/CR 20). From the west, the visible portion of the
HMA site would be the extended bag-house stack, which is
approximately 160 feet above the quarry floor. Approximately, the
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• upper 60 feet would be visible from the west.
h) Final Building Design: The final/proposed design approved in
2005 would include increasing the height of the existing stack from
130 feet above the quarry floor to 160 feet above the quarry floor.
i) Internal Circulation Areas: Internal loading and circulation
patterns and site access are not proposed to change from the
previous approvals.
j) Ordinance Requirements: There should be adequate room
on-site for employee parking and internal circulation of truck traffic.
This use will be subject to meeting the Industrial Performance
Standards of the Rochester Zoning Ordinance and Land
Development Manual (Sec. 63.600 et. seq.).
k) Non-Vehicular and Alternate Modes of Travel: The proposed
development isn't pedestrian oriented since this is the business in
which pedestrians would not be walking to. The business serves
trucks which are hauling bituminous. The plant is located within an
active quarry where heavy machinery and pedestrian traffic would
be in conflict with the operation of the quarry; and,
• WHEREAS, the Planning Department also reviewed the application using the provisions
of R.C.O. §61.146. Section 61.146 states that a development permit authorizing a conditional
use must be approved unless one or more of the eight stated findings can be made with respect
to the proposed development. The Planning Department concluded none of the eight findings
could be made as to this proposed development; and,
WHEREAS, the Planning Department recommended approval of the proposed
amendment to the Final Plan subject to the satisfaction of the following conditions:
1. Import of materials for processing shall be limited only to that necessary
for the hot mix asphalt facility.
2. This use will be subject to meeting the Industrial Performance Standards of
the Rochester Zoning Ordinance and Land Development Manual (Section
63.600, et. Seq.) including the standard applying to odor in the M-1 and M-
2 districts.
3. No temporary use permit may be issued without Council's approval.
4. This permit shall expire at a time determined by the Council. The
applicant must go through a Type III, Phase II process in order to renew
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• the permit.
5. Monitoring will be required 24 hours a day, seven days a week, during one
month prior to startup of plant operation and during any month the plant is
in operation. The monitoring device for fumes must be placed according
to MPCA recommendations; and,
WHEREAS, on January 26, 2011, the Rochester Planning and Zoning Commission held
a public hearing on this restricted development preliminary plan, reviewed the application
according to the requirements of Section 62.708, adopted the Planning Department staffs
recommended findings of fact a xcept as to compatibility, and recommended denial of the
application on the ground the proposed use is incompatible with the adjacent existing use; and,
WHEREAS, the Common Council held a public hearing on the restricted development
preliminary plan request on February 23, 2011, and permitted all interested persons to be heard;
and,
WHEREAS, at the February 23`d public hearing, the Applicant's representative and the
principal neighbor opposing the application appeared jointly and asked the application for
renewal of this Restricted Development Conditional Use Permit be approved for one more year
on the condition that it not be renewed or granted after the one year time period expires; and,
WHEREAS, at the February 23rd public hearing, the Council amended condition #4 so as
410 read as follows:
4. This permit shall expire on February 28, 2012. The Applicant will not seek
renewal of this Restricted Development Conditional Use Permit, or the
initiation of a new Permit, for this location after February 28, 2012.
WHEREAS, at the February 23rd public hearing, the Applicant agreed with all of the
conditions including the revision to condition #4; and,
WHEREAS, based upon a preponderance of the evidence submitted at the February 23`d
public hearing, the Common Council adopts as its own the Planning Department's
recommended findings of fact and conditions of approval, except as amended above; and,
WHEREAS, based upon a preponderance and substantial weight of the evidence
submitted at the February 23rd public hearing, the Common Council determines that the
Applicant satisfied the criteria of sections 61.146 and 62.708 subject to the five conditions
recommended by the Planning Department as amended above.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the amendment to Type III, Phase II, Restricted Development Conditional Use
Permit #05-06, requested by Rochester Sand & Gravel Division of Mathy Construction is in all
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things approved subject to the above five conditions as amended above.
• BE IT FURTHER RESOLVED that the Common Council waives the final plan review for
this project.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 25XI- F 2011.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST
C CLERK
APPROVED THIS 2- 1 DAY OF FAeuc`y-, , 2011.
A449 ead
MAYOR OF SAID CITY
(Seal of the City of
iRochester, Minnesota)
Zone!0NRestDevPermitAmd 11.0506
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