HomeMy WebLinkAboutResolution No. 346-06 \ .. .. _._ . 3
• RESOLUTION
WHEREAS, Franklin Kottschade applied for a Type III, Phase III, Amendment to
Conditional Use Permit (#04-01) for approval of an expansion of the approved excavation permit
of a substantial land alteration and quarry operation' on property located south of 40th Street
S.W., and west of Highway 63. 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 variances to the shoreland district provisions;
and,
WHEREAS, R.C.O. §§61.146 (Standards for Conditional Use Permits), 62.824, 62.834,
62.860 and 62.1105 provide the relevant criteria for the review of this application; and,
WHEREAS, on May 24, 2006, 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 if the following conditions were satisfied:
1. Prior to excavation, the applicant shall:
• A. Provide the City with a financial security consistent with Sections
62.1107 (1), (h) and 62.1109 (1), (1) of the Rochester Code of
Ordinances and Land Development Manual;
B. Receive approval of grading, drainage and erosion control plans that
meet City standards;
C. 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 Highway 63 Traffic Study to evaluate the impacts
on the surrounding roadway, specifically Highway 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.
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
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. 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.
WHEREAS, on June 19, 2006, 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, 62.834, 62.860 and 62.1105 by a preponderance of the evidence
submitted at the public hearing subject to the above six conditions; and,
WHEREAS, 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 Amendment to Conditional Use Permit #04-01 request for an expansion of
the approved excavation permit of a substantial land alteration and quarry operation on property
located south of 40th Street S.W., and west of Highway 63 is granted subject to the above six
conditions.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS qdh DAY OF 4 , 2006.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
u - CITY CLE
APPROVED THIS ,dNh DAY OF 12006.
MAYOR OF SAID CITY
(Sea[ of the City of
Rochester, Minnesota)
Zone05\Conduse.�md.401
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