HomeMy WebLinkAboutResolution No. 529-06 RESOLUTION
WHEREAS, Carl Johnson, Drywall Supply applied for a Type III, Phase III, Amendment to
Conditional Use Permit (#04-41) for approval of an expansion of area to be filled in the 100 year
floodplain. The property is located east of West Circle Drive, north of Highway 14, south of the
railroad right-of-way and west of United Building Center; 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 September 27, 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 commencing operations on this property, the applicant shall obtain
grading plan approval from the City. The Grading Plan shall comply with
the regulations of both the Flood District.regulations (62.800 et. seq. , and
specifically 62.846, 2) and the Shoreland District regulations (62.1000 et.
seq) and must incorporate the standards in 62.1006, 2) of the Rochester
Zoning Ordinance and Land Development Manual (LDM). The applicant
• must receive approval from the right-of way authority for the frontage road
and from the DME Railroad for the placement of the berm on their
property.
2. A flood proofing certification is required of the applicant to be submitted by
a registered engineer, architect, or land surveyor that shows the fill and
buildings elevated 1' or more above the Flood Protection Elevation without
the utilization of a dike, dam or levee.
3. Fill activities shall not commence until the wetland replacement plan and
grading plan have been approved by the city.
4. Fill activities shall not result in an increase in flood risk to other property
including the frontage road-and highway right of way.
5. The 100 year flooding impacts to US 14 shall be limited to 1 to 2 feet of
the US 14 shoulder P.I. elevation..
6. The 500 year flooding impact shall not cause overtopping of US 14 due to
the fill placement; and,
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1 ..
WHEREAS, on October 16, 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, 62.860 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 #04-41 requesting an expansion of
the area to be filled in the 100 year floodplain for property is located east of West Circle Drive,
north of Highway 14, south of the railroad right-of-way and west of United Building Center is
granted subject to the above six conditions.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS /loTH DAY OF , 2006.
PRLSVENT OF sAiDtCOMMON COUNCIL
ATTEST:
ITY CLERK
APPROVED THIS 1-16 DAY OF (7C V , 2006.
MAYOR OF SAID CITY
(Sea[ of the City of
Rochester, Minnesota)
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