HomeMy WebLinkAboutResolution No. 366-03 • RESOLUTION
WHEREAS, Williams Family Partnership and Mark & Bernard Leitzen applied for a Type
111, Phase Ill Conditional Use Permit to allow for fill to be placed within a flood prone area and
excavation in the floodway. The proposal is to place fill in the flood prone area and excavation in
the floodway to allow for the expansion of a business (identified as Conditional Use Permit #03-
26). The project is located east of the Shopko and Menards south stores and 28t" Street S.E.,
and north of Highway 52; 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 11, 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, 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 receive approval of the grading and drainage plan
prior to any grading activity taking place on the property. The applicant
shall demonstrate that the proposed fill will not increase the flood risk to
abutting and downstream properties.
• 2. Prior to the issuance of a grading permit for the property, the applicant
shall demonstrate to the LGU that the storage area being created will not
affect the hydrology functions of the adjacent wetlands.
3. Prior to development of the property, the site plan shall be reviewed
through the site development plan review process. During this review the
proposed use will be reviewed to ensure that it meets the standards of the
zoning district.
4. If 28 th St SE is to used as a haul road for transportation of excavated and
fill material, the applicant will be required to post a $25,000.00 surety, in a
form accepted by the City En Riineer, to be used by the City to repair any
damages that may occur to 28 St SE.
WHEREAS, the Common Council held a public hearing on the conditional use request on
July 7, 2003, 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 and 62.860 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 #03-26 requested by the Williams Family Partnership
and Mark & Bernard Leitzen is granted subject to the above four conditions.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS ?mil DAY OF �iG�. , 2003.
`,,PRESIDENT OF SAID COMMON COUNCIL
ATTEST: �����
ITY CLERK
APPROVED THIS DAY OF , 2003.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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