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HomeMy WebLinkAboutResolution No. 450-03 • RESOLUTION WHEREAS, Americana Realty applied for a Type III, Phase III Conditional Use Permit to allow for fill to be placed within a flood prone area to allow for the development of townhomes. The property is located along the west side of Bamber Valley Road S.W-, north of Mayowood Lane S.W., and south of the Zumbro River; 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 July 23, 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 fill needed shall be that necessary to meet the requirements of Section 62.841. 2. Prior to development of the property, the site plan shall be reviewed through the Site Development Plan Review process. During this review • the proposed site plan will be examined to ensure that it meets the standards of the R-2 zoning district. WHEREAS, the Common Council held a public hearing on the conditional use request on August 18, 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. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that the Conditional Use Permit #03-42 requested by Americana Realty is granted subject to the above two conditions. 1 • .PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS /8 DAY OF AL i , 2003. PRESIDENT OF SAID COMMON COUNCIL ATTEST: CrTY CLERK APPROVED THIS DAY OF ,cST , 2003. 4M MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Zone2000\Conduse.342 • 2