HomeMy WebLinkAboutResolution No. 290-04 • RESOLUTION
WHEREAS, Franklin Kottschade applied for a Type III, Phase II, Conditional Use Permit
(#04-01) for approval of a substantial land alteration and quarry operation on property located
south of 40th Street S.W., and west of Highway 63 South. The Applicant is requesting to grade
within the shoreland district as well as for the placement of fill in the floodway and flood prone
district. In addition to the conditional use, the Applicant is also requesting a number of variances
to the performance standard for quarries; and,
WHEREAS, R.C.O. §§61.146 (Standards for Conditional Use Permits), 62.824, 62.860
and 62.1105 provide the relevant criteria for the review of this application; and,
WHEREAS, on May 12, 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 determined that the
application satisfied the applicable criteria; and,
WHEREAS, on June 7, 2004, the Common Council held a public hearing on the
conditional use request and permitted all interested persons to be heard; and,
WHEREAS, 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 subject to the following conditions:
1. Prior to excavation, the applicant shall:
• Provide the City with a financial security consistent with Section
62.1107(1),(h) of the Rochester Zoning Ordinance and Land
Development Manual.
• Receive approval of a grading, drainage and erosion control plans,
meeting City standards.
• The applicant shall submit a Blasting Plan to the City, in compliance
with Section 62.1107(1),(m), prior to any blasting occurring on the site.
2. A TIR shall be completed, if it differs from the land use and trip generation
assumptions used in the TH 63 Traffic Study, to evaluate the impacts on
the surrounding roadway, specifically TH 63 and 40th Street.
3. Stormwater Management must be provided on-site via City approved on-
site stormwater management designed to serve the entire property.
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• 4. The Owner shall match the abutting property line grades unless other
documented arrangements are made with the abutting landowner and
noted on the grading plan approved by the City.
5. Prior to Final Plat submittal, and/or development of this Property, the
applicant shall enter into a Development Agreement with the City that
outlines the obligations of the applicant relating to, but not limited to,
floodway limitations of development, stormwater management,
transportation improvements including Transportation Improvement
District Charges, access control, pedestrian facilities, right-of-way
dedication, access and extension of utilities for adjacent properties, and
contributions for public infrastructure.
6. Grading of the areas outside of Phase I shall not occur until the applicant
has received a Conditional Letter of Map Revision from FEMA to amend
the floodway and has a resolution of support from the City of Rochester
supporting the zone change on the property; and,
WHEREAS, at the Applicant's representative's request, the Council agreed to add
another condition similar to that added in Conditional Use Permit #03-46 and Variance Appeal
#03-04, and which reads as follows:
• 7. Plantings should occur at such time the final development plans are
submitted or within five years of the permit issuance. Plantings shall be
consistent with Section 62.1107(2)(3)(1),(2), unless the Applicant receives a
variance to that Section. Council directs staff to review the landscape and
reclamation requirements of Section 62.1107(2)(3)(1),(2) and to bring the
issue back to the Council. Applicant will benefit and participate in any
subsequent legislative change to Section 62.1107(2)(3)(1),(2); and,
WHEREAS, as amended above, the Applicant's representative agreed to all of the
recommended conditions of approval.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the Conditional Use Permit #04-01 request for an excavation permit of a
substantial land alteration and quarry operation to grade within the shoreland district as well as
for the placement of fill in the floodway and flood prone district is granted subject to the above
seven conditions.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
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ROCHESTER, MINNESOTA, THIS �Yb DAY OF C-1?X5 , 2004.
SIDENT OF SAID COMMON COUNCIL
ATTEST:
WY CLERK
APPROVED THIS DAY OF 12004.
E
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone2000\Conduse.401
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