HomeMy WebLinkAboutResolution No. 051-05 • RESOLUTION
WHEREAS, Waterfront Business Park, LLC, and Southern Woods Development, LLC,
requested approval for Conditional Use Permit #04-44 to allow for a Substantial Land Alteration
to allow the filling in of an existing pond to change the elevations on the properties by more than
ten feet to accommodate development; and,
WHEREAS, this aglication proposes filling in the Floodway and
Floodthe Prone
Southern dWorods
icts
and is located south of 48 Street S.W., west of Highway 63 and east
Development; and,
WHEREAS, the Substantial Land Alteration is subject to specific findings .listed in
Section 62.1105, as well as the standards that apply to every conditional use permit found in
Section 61.146. Conditional use permits in the Flood Districts are subject to the same
standards as every conditional use (see Section 61.146), and some specific conditions related
to the Flood Districts (Sections 62.824, 62.834 and 62.860). Activities in the Shoreland
Overlay District are subject to specific regulations in Section 62.1000 et. seq.; and,
WHEREAS, the Applicants have shown by a preponderance of the evidence submitted at
the public hearings that its application satisfies the above criteria subject to the imposition of
conditions of approval.
NOW, THEREFORE, , BE IT RESOLVED by the Common Council of the City of
Qochester that, based upon the above-stated findings of fact, the Applicants have shown by a
preponderance of the evidence submitted at the public hearing that it has satisfied' the above
criteria subject to the successful completion of the conditions of approval.
BE IT FURTHER RESOLVED that the conditions of approval are as follows:
1. Prior to commencing activities, the applicant shall provide the City with a
financial security consistent with Section 62.1108, 1, i of the Rochester,
Zoning Ordinance and Land Development Manual. This security is .
separate from securities provided for an Owner Contract.
2. Approval of this permit shall expire two years from the date of Council
approval. All reclamation activities must be complete prior to the date of
expiration, consistent with reclamation standards of the Rochester Zoning
Ordinance and Land Development Manual
3. Prior to commencing operations on this property, the applicant shall obtain
Grading Plan approval from the City, including zoning certificate approval.
The Grading Plan must include the following:
A. Clearly identify the existing FW boundary;
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�. B. Clearly note that there shall be no fill in the Floodway, except to fill
the existing pond up to the ordinary high water level, prior to
• obtaining a CLOMR from FEMA;
C. Identify the existing creek adjacent to the entire property.
Demonstrate compliance with Shoreland regulations and setback
requirements.
4. Wetland exists on this property. There shall be no filling of wetlands,
including the pond, prior to securing proper permits from local and federal
authorities for such activity.
5. The applicant shall reclaim the existing haul road with topsoil and a seed
mix approved by the MnDNR. This area shall also be planted with trees, at
a minimum spacing of one per 100 feet of frontage. There shall be no
grading or removal of vegetation in the Shore Impact Zone, outside of the
grading limits identified on the grading plan included with the application.
6. The applicant shall provide a detailed written description of how the
outflow of water from the existing pond will be controlled to avoid
sediments from reaching the public waters. Adequate protection must be
provided.
• 7. A revised landscape plan must be submitted to the Planning Department,
incorporating both coniferous and deciduous trees in compliance with the
provisions of the Rochester Zoning Ordinance and Land Development
Manual. The Plan shall be certified by an arborist that the species will be
suitable for the slopes and soils that they will be planted in. Vegetation
that does not survive must be replaced by the applicant/owner.
8. Prior to commencing any activities in the public waters, the applicant shall
secure MnDNR permits and approvals for activities in the public waters.
9. Topsoil stockpiles must be located toward TH 63, near the east property
line and in compliance with stockpile setback requirements in the LDM.
10. There shall be no storage of equipment on site.
11. The existing water mains in the fill areas must be raised by the developers
to meet the 7' minimum to 10' maximum bury requirements.
12. All developments are subject to the applicable provisions of Section
62.840, except those uses established subject to the alternate
construction standards of Section 62.844 and shall also meet the further
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regulations of Section 62.860 before a permit may be issued.
13. This application shall be amended, as necessary, to reflect the City's
decision on Variances #04-24. Revised plans shall be filed with the
Planning Department and, if required, the Grading and Drainage Plan shall
be revised and filed with the Rochester Public Works and Planning
Departments.
BE IT FURTHER RESOLVED that the City approve Conditional Use Permit #04-44 by
Waterfront Business Park, LLC, and Southern Woods Development, LLC, subject to the above
13 conditions.
PASSED AND ADOPTED . BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS '7e6 DAY OF 2005.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
ITY CLERK
APPROVED THIS 8 DAY OF , 2005.
MAYOR OF SAID CITY
(Seal of the City of !
Rochester, Minnesota)
Zone05\SubLandA1t\CUP0444
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