HomeMy WebLinkAboutResolution No. 376-04 • RESOLUTION
WHEREAS, West 19 Development applied for a Type III, Phase III Conditional Use
Permit (#04-22) to allow for fill to be placed in the floodway for a roadway crossing and the
construction of a detention pond in the flood prone area. The property is located along the
north side of 19th Street N.W., east of 50th Avenue and west of Heartland Drive N.W., and,
WHEREAS, R.C.O. §61.146 (Standards for Conditional Use Permits), 62.824
(Conditional Use Permits — flood districts) and 62.860 (Construction Standards in the Flood
Prone District) provide the relevant criteria for the review of this application; and,
WHEREAS, on June 23, 2004, 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 and 62.860, and recommended approval based upon
Planning Department staff findings of fact subject to the following conditions:
1. Approval is contingent upon the applicant obtaining a CLOMR from
FEMA. Evidence of the CLOMR shall be provided to the Planning.
Department for its record prior to commencing work on the site.
2. Prior to commencing grading or construction activities on this site, the
applicant must obtain grading plan approval from the City and
• concurrence from the City Public Works department with the hydraulic
analysis required for this Conditional Use Permit.
WHEREAS, the Common Council held a public hearing on the conditional use request on
July 19, 2004, and permitted all interested persons to be heard; and,
WHEREAS, at the July 19th public hearing, the Planning Department staff indicated that
the applicant did provide the certification and clarification requested by the staff. Following
additional discussions, the staff recommended the first condition be amended, and a third and
fourth condition be added to read as follows:
1. Construction of underground utilities, provided that construction shall not
result in fill over the existing grade and any spoil material shall be removed
from the floodway.
Construction of a roadway access to 19th Street designed for a 10-year
storm event, provided the hydraulics and the road design (including culvert,
fill, etc.) do not increase the flood stage.
3. The applicant must agree to follow through with an application to amend the
City of Rochester zoning map to amend the 100-year and floodway
boundaries as proposed in this conditional use permit.
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• 4. The table included in the attached letter from Art Kalmes, Polaris Group
dated July 19, 2004, must be incorporated into the Conditional Use Permit
application and analysis, and this conditional use permit must be subject to
meeting these calculations; and,
WHEREAS, the applicant's representative indicated agreement with the above four
conditions; and,
WHEREAS, following the public hearing, the Common Council determined that the
applicant satisfied the conditions of R.C.O. §§61.146, 62.824 and 62.860 by a preponderance of
the evidence submitted at the public hearing if the applicant complied with the above four
conditions.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the Conditional Use Permit #04-22 requested by West 19 Development is
granted subject to the above four conditions.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS jqWl DAY OF ' 2004.
SIDENT OF SAID COMMON COUNCIL
ATTEST: !
pePu.� CITY 6LEV
APPROVED THIS DAY OF , 2004.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone2000\Conduse.422
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