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HomeMy WebLinkAboutResolution No. 218-16 - ConditionalUsePermitR2016-005.MLGroup,LLCRESOLUTION WHEREAS, ML Group, LLC, applied for a Type III, Phase III Conditional Use Permit (#R2016-005) to allow the placement of fill within a Flood Prone District in preparation for future development. The property is located south of Second Street South, east of 45t" Avenue S.W., and on the northwest side of the former Meadow Lakes Golf Course; 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 April 27, 2016, 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. The applicant shall submit and obtain approval of a Grading and Drainage Plan. 2. Fill is permitted for those portions of the site proposed for buildings and immediate site surrounding buildings, parking lots and connecting driveways, flood free access streets, and fill necessary to meet grading and stormwater condition prior to submittal of a grading and drainage plan. WHEREAS, the Common Council held public hearings on the conditional use request on May 16, 2016, 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 two conditions. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that the Conditional Use Permit #R2016-005 requested by ML Group, LLC, is granted. BE IT FURTHER RESOLVED that the approval of Conditional Use Permit #R2016-005 is subject to the two conditions as stated above. 1 PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS ATTEST: CITY CLERK DAY OF , 2016. PRESIDENT OF SAID COMMON COUNCIL APPROVED THIS DAY OF , 2016. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Zone15\Conduse.2016-05 2