HomeMy WebLinkAboutResolution No. 441-15 - ADA.AccessTrail.CUP2015022RESOLUTION
WHEREAS, City of Rochester Park and Recreation Department applied for a Type III,
Phase III Conditional Use Permit (#R2015-022) to allow the placement of fill within a Flood Fringe
area to allow for the construction of an ADA accessible trail to a proposed dog park. The area
is located northwest of the Rochester Recreation Center at 21 Elton Hills Drive NW and east
of the Zumbro River; and,
WHEREAS, R.C.O. §§61.146 (Standards for Conditional Use Permits), 62.824 (Conditional
Use Permits — Standards for Approval) and 62.860 (Construction Standards in the Flood Prone
District) provide the relevant criteria for the review of this application; and,
WHEREAS, on August 12, 2015, 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 staffs proposed findings of fact and recommendation, subject to the
following conditions-
1. Prior to any development activity commencing, the applicant shall receive
approval of a grading and drainage plan from the City of Rochester Public
Works Department;
2. The applicant shall provide certification of the final grades and elevations
by a post construction survey and submit the information to the City;
3. The applicant is responsible for identifying and avoiding impacts to
wetlands located in proximity to the work site; and,
4. Any changes to the approved design in material, locations, or elevations
shall be reviewed by the City prior to construction/grading.
WHEREAS, the Common Council held public hearings on the conditional use request on
September 9, 2015, 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 if the applicant satisfied the above four conditions.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that the Conditional Use Permit #R2015-022 requested by City of Rochester Park and Recreation
Department is granted.
BE IT FURTHER RESOLVED that the approval of Conditional Use Permit #R2015-022 is
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subject to conditions #1 - #4 as stated above.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS
ATTEST:
CITY CLERK
DAY OF , 2015.
PRESIDENT OF SAID COMMON COUNCIL
APPROVED THIS DAY OF , 2015.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone15\Conduse.2015-22
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