HomeMy WebLinkAboutResolution No. 535-03 t
RESOLUTION
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WHEREAS, Franklin Kottschade applied for a Type III, Phase II Conditional Use Permit
(#03-46) 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 fill and
construct within the shoreland district for a roadway as well as for the placement of fill in the
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 September 10, 2003, 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 and determined that the application satisfied the criteria; and,
WHEREAS, on October 6, 2003, 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 by a preponderance of the evidence submitted at the public
�earing 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. The reclamation/restoration grades shall match the proposed
reconstructed grade elevations of TH 63 and ramp, and the 40th ST. SW
profile and cross-sections as specified on the TH 63 Layout Plan.
3. 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.
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4. Stormwater Management must be provided on-site via City approved on-
site stormwater detention facilities. Adequate vehicular access shall be
provided to any proposed stormwater detention ponds.
5. 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.
6. 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.
7. The owners shall dedicate a 30-foot wide public utility easement and an
additional 50-foot wide temporary construction easement along the
easterly line of the property, concurrent with the approval of the CUP, to
accommodate the trunkline sanitary sewer relocation. The owner shall
address, prior to any grading activity occurring on the property, the extra
depth that will result based on the plan to place fill in the easement area.
• The applicant and City staff will need to agree upon and coordinate a
schedule for the sewer relocation prior to final CUP approval. A revised
plan shall be submitted showing the location of the trunkline sanitary
sewer as well as the necessary easements.
8. The Owner shall coordinate with the RPU Water Division on the alignment
of the 16" water main relocation to within the boundaries of the property.
The owner shall also dedicate any necessary public utility easements for
the water main. A revised plan shall be submitted showing the location of
the trunkline sanitary sewer as well as the necessary easements.
9. The six-foot high security fencing should encompass the area designated
as the blasting, crushing and immediate excavation area as noted on the
plans submitted to the Commission and/or any blasting plan submitted to
the Planning Department.
10. The plantings should occur at such time that final development plans are
submitted or within five years of the permit issuance. Plantings shall be
consistent with Section 62.1107(2)(e)(1),(2); and,
WHEREAS, the Applicant's representative indicated the Applicant agreed to all of
the recommended conditions of approval, except for conditions #7, #8 and #10; and,
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WHEREAS, at the October 6th public hearing, the Public Works staff and the City
*ttorney recommended that conditions #7, #8 and #10 be amended to read as follows:
7. The owners shall dedicate a 30-foot wide public utility easement
and an additional 50-foot wide temporary construction easement
along the easterly line of the property, concurrent with the approval
of the Willow Commons Development Agreement and prior to the
owner placing any fill or excavating any materials within the
proposed permanent and temporary easements, but in no case
later than October 6, 2004, to accommodate the trunkline sanitary
sewer relocation. The owner shall address, prior to any grading
activity occurring on the property, the extra depth that will result
based on the plan to place fill in the easement area. The applicant
and City staff will need to agree upon and coordinate a schedule
for the sewer relocation prior to final CUP approval. A revised plan
shall be submitted showing the location of the trunkline sanitary
sewer as well as the necessary easements.
8. The Owner shall coordinate with the RPU Water Division on the
alignment of the 16" water main relocation to within the boundaries
of the property. The owner shall also dedicate any necessary
public utility easements for the water main relocation concurrent
with the approval of the Willow Commons Development Agreement
and prior to the owner placing any fill or excavating any materials
within the proposed permanent and temporary easements, but in
no case later than October 6, 2004. A revised plan shall be
submitted showing the location of the trunkline sanitary sewer as
well as the necessary easements.
10. The plantings should occur at such time that final development plans
are submitted or within five years of the permit issuance. Plantings
shall be consistent with Section 62.1107(2)(e)(1),(2), unless the
applicant receives a variance to that Section; and,
WHEREAS, the applicant's representative indicated the applicant agreed with conditions
#7, #8 and #10 as amended above.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the Conditional Use Permit #03-46 request for an excavation permit of a
substantial land alteration and quarry operation, for permission to fill and construct within the
shoreland district for a roadway and for placement of fill in the flood prone district is granted
subject to the above ten conditions, as amended above.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF CAB , 2003.
ZJ - 47111
P8 ,SIDENT OF SAID COMMON COUNCIL
ATTEST:
I Y CLERK
APPROVED THIS ?7-6 DAY OF (C?p8Fx , 2003.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone2000\Conduse.346
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