HomeMy WebLinkAboutResolution No. 167-08 RESOLUTION
WHEREAS, Jack Remick applied for a Type III, Phase II Conditional Use Permit
(#R2007-030) to allow for the excavation of materials on the property. The property,is located
south of the Rochester Athletic Club, north of the DM&E Railroad tracks and west of Industrial
Drive N.W.; and,
WHEREAS, R.C.O. §61.146 (Standards for Conditional Use Permits), 62.824
(Conditional Use Permits — flood districts), 62.834 (Conditional Uses, Flood Prone Districts),
62.860 (Construction Standards in the Flood Prone District), 62.1010 (Conditional Use Permits—
Standards for Approval), 62.1105 (Findings Necessary For Issuance of Conditional Use Permits)
62.1106 (Required Plans and Information) and 62.1108 (Standards for Sand and Gravel
Excavation) provide the relevant criteria for the review of this application; and,
WHEREAS, on February 27, 2008, 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, 62.834, 62.860, 62.1010, 62.1105, 62.1106 and
62.1108, and made the following findings of fact:
1. The plan will comply with the operation, maintenance and reclamation
standards required by the zoning ordinance and will meet the
• requirements under the Wetland Conservation Ordinance. Material
handling will occur in a manner that does not require use of the public
roads. The site is located within a large industrial area and not located in
close proximity to residential areas or parks.
2. The long term plans are to create a wetland environmental learning
center. The sand and gravel operation is planned to last three years with
the result being a permanent water body that will become a part of the
wetland exhibit. The site is surrounded by vacant land and industrial or
commercial land uses. Dust will be controlled on site. The proposed
stockpile area west of the pond is temporary and will be removed upon
completion of the dredging operation.
3. The use of equipment has been minimized by dredging and pumping of
the aggregates. Hauling of the overburden will be within the property
boundaries, thus no traffic will be planned on public roadways.
4. The plan provides for adequate protection of surface water quality and
groundwater quality. A sedimentation pond is a requirement of the
Rochester Readymix site plan and the pond created by the dredging
activities can also serve as a sedimentation pond for water returning from
the Readymix site. The applicant will need to meet all city water quality
• requirements at the Readymix site and the on the Remick property.
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5. The reclamation plan adequately addresses restoration of the excavation
site. The pond will add diversity to a floodplain where wetlands do
naturally occur. The pond, wetland restoration and enhancement will
provide wildlife habitat and will be an amenity to the neighborhood and the
community when completed.
6. The activity is compatible with the existing site limitations of wetland and
floodplain. The reclamation and enhancement for the wetland
environmental learning center is a reasonable use and consistent with the
floodplain and wetland resources and limitations on the property.
7. The excavation will be completed within three years. The adjacent
properties are vacant, commercial or industrial in nature and will not be
unduly affected by this project. Once complete the reclamation will be an
enhancement for the area within the floodplain.
8. The surrounding properties are used for commercial or industrial
purposes. The excavation will be in place for three years according to the
applicant. There will be a temporary on-site stockpile but no on-site sand
and gravel processing equipment. Once complete the area will be used as
a wetland environmental learning center.
• 9. With 9p
radin Ian approval the reclamation plan will provide for adequate
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restoration.
10. The excavation will increase the flood storage capacity of the floodplain in
this portion of the Cascade Creek floodplain. The pond will be located in
the flood fringe area of the floodplain where lower energy flood flows
occur. The stock pile on the adjacent property is temporary and will be
protected from erosion by an erosion control dike. The stockpiled material
will be returned to the pond area below the normal water level thus
removing any permanent floodplain encroachment.
11. The excavation will not permanently affect the adjacent wetland and will
increase the wetland area. Surface water quality will not be affected
where best management practices are used. A wetland replacement plan
may be needed for the haul road.
12. The applicant has stated that the excavation operation will take
approximately three years to complete.
13. Erosion and sediment control plans will be required prior to issuance of
any permits for work. This plan incorporates a . number of control
measures to protect water quality.
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• the city prior to issuance of an
14. A surety will be required to be submitted to y p Y
permit to start work on the site.
15. Not applicable.
16. This site is not located within the Decorah Edge or above the
Cummingsville Formation; and,
17. Groundwater is located within approximately two feet of the soil surface
within this site; and,
WHEREAS, the Planning and Zoning Commission, based upon the above findings of
fact, recommended approval subject to the following conditions:
1. Prior to excavation, 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.
2. Approval of this permit shall expire in 2011 three years from the date of
approval of the grading plan, unless permit approval is extended as
• provided in Section 62.1110(6) of the Rochester Zoning Ordinance and
Land Development Manual. 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 dewatering, the applicant shall file with the Planning Department a
copy of an approved Water Appropriations Permit from the Minnesota
Department of Natural Resources for such activity.
4. Prior to commencing operations on this property, the applicant shall obtain
grading plan approval from the City and a Public Waters permit from the
Minnesota Department of Natural Resources for the public waters
crossing by the temporary haul road.
5. Prior to initiating wetland impacts the applicant shall obtain a No-Loss
approval from the City or a replacement plan for long term or permanent
wetland impacts.
6. The applicant shall submit a copy of signed agreements with property
owners allowing the placement of a pipeline for movement of the dredged
materials from the applicant's property to the Rochester Ready Mix
property.
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. 7. The final restored pond design should provide a more natural shoreline
shape as specified in Section 62.1108(2)(e)(1). The redesign should
occur on the southern shoreline from the 1007' to 1010' elevations and
including the southeast and southwest corners.
8. The final restored pond design must have a 10:1 shoreline slope over the
range of groundwater elevation fluctuations. The applicant must submit a
revised final pond design that provides a 10:1 slope for the range of
groundwater levels in the pond.
9. Dust control measures must be identified for the fill area prior to submittal
of the application by the Planning Department for the City Council hearing.
10. Submit information addressing the requirement of Section 62.1105(k)
regarding effects on groundwater levels caused by the dredging operation.
The information should be submitted prior to scheduling the hearing
before the City Council.
11. Submit and receive approval of a revised Site Development Plan for the
Rochester Readymix site that indicates the revised location for the truck
washout area which is proposed as the screening plant location on the
submitted site plan. As part of the SDP provide information on the
• handling of excavated material from the screening to the mixing location.
12. Submit a revised grading plan for the Rochester Readymix site. The plan
must be approved prior to grading work commencing on the Remick
property. The concrete basin and filtration area or other appropriate
sediment control features must be constructed before aggregate
screening activities commence at the dredging site.
13. Submit a plan prepared by a qualified professional for review and
approval by the City Engineer showing how the existing public sanitary
sewer line located between the proposed stockpile location and the
excavation area will be protected from damage that could result from
transport of materials across the location of the sanitary sewer. The
temporary stockpile must not exceed 9.9 feet in height; and,
WHEREAS, the Common Council held a public hearing on the conditional use request on
March 17, 2008, and permitted all interested persons to be heard; and,
WHEREAS, following the public hearing, the Common Council determined that the
applicant satisfied the conditions of R.C.O. §§61.146, 62.824, 62.834, 62.860, 62.1010,
62.1105, 62.1106 and 62.1108 by a preponderance of the evidence submitted at the public
hearing.
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NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the Conditional Use Permit #R2007-030 requested by Jack Remick is granted
subject to the above 13 conditions.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS /7,74 DAY OF / , 2008.
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PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
/ ' GrrYCLERK
APPROVED THIS 1817Y DAY OF 2008.
MAYOR OF SAID CITY
• (Seal'of the City of,
Rochester, Minnesota)
ZoneM\Cond use.2007-030
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