HomeMy WebLinkAboutResolution No. 122-08 RESOLUTION
WHEREAS, Greg Wencl applied for a Type III Conditional Use Permit #R2008-002 for the
placement of fill within the 100 year floodplain to allow for the development of the property. The
amount of fill material is estimated to be 12,000 cubic yards and the applicant proposes to
mitigate the volume being filled. The property is located along the west side of West Circle Drive
and south of Country Club.Road S.W., and is located within the Meadow Lakes Golf Course; and,
WHEREAS, R.C.O. §§ 61.146, 62.824 and 62.860 provide the relevant criteria for the
review of this application; and,
WHEREAS, on February 13, 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 and 62.860, and recommended approval based upon
Planning Department staff findings of fact subject to the following conditions:
1. The applicant shall obtain approval of the grading and drainage plan prior
to any grading activity taking place on the property, including zoning
approval. The grading must include provisions to accommodate
construction of a 10 foot wide bituminous pedestrian path along the entire
• frontage of the property abutting West Circle Drive NW. The applicant
shall demonstrate that the proposed fill will not increase the flood risk to
abutting and downstream properties.
2. Prior to development of the property, the site plan shall be reviewed
through the site development plan review process.
3. Any relocation of existing RPU owned electric facilities must be done at the
expense of the owner/developer.
4. The applicant shall provide a minimum of seven feet of cover over the
existing 12 inch water main that is within the utility easement along the
easterly side of the property. In no case shall the amount of cover exceed
ten feet in depth.
5. Prior to the approval of the grading plan, the applicant shall satisfy any
concerns that the Olmsted County Public Works Department with the water
being directed towards the CSAH ditch; and,
WHEREAS, on March 3, 2008, the Common Council held a public hearing on the
conditional use request and permitted all interested persons to be heard; and,
• WHEREAS, at the March 3`d public hearing, the Council added the following condition at
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the request of the Planning and Zoning Department staff:
6. The Applicant shall execute a Development Agreement with the City of
Rochester for the mitigation pond located outside of the City. Said
agreement shall be executed prior to the issuance of any development
permits for the development.
WHEREAS, at the March 3rd public hearing, the Applicant's representative indicated
agreement with the six recommended conditions of approval; 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 subject to the above six conditions.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the Conditional Use Permit #R2008-002 requested by Greg Wencl is granted
subject to the above six conditions.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF /W , 2008.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST.
CITY CLERK
APPROVED THIS DAY OF /YEA ( , 2008.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
ZoneMcond use'2008-002
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