HomeMy WebLinkAboutResolution No. 246-15 - Meier.LandUsePlanAmend.R2014-008RESOLUTION NO.
WHEREAS, the Common Council of the City of Rochester by enactment of Resolution 143-
80 on March 24, 1980, duly adopted a "LAND USE PLAN" as part of the comprehensive municipal
plan for the City of Rochester, Minnesota, and environs; and
WHEREAS, Paul Meier initiated an amendment to the Rochester Urban Service Area Land
Use Plan to change the land use designation on approximately 6.21 acres of land from the "Low
Density Residential" designation to the "Commercial" designation, and on approximately 40.83
acres of land from the "Low Density Residential" to the "Medium Density Residential" designation.
The land is located along the south side of Country Club Road, along the east side of 45t" Street
S.W., and west of West Circle Drive; and,
WHEREAS, the Planning Department recommended the approval of the proposed
amendment, as amended, to the City's "LAND USE PLAN;" and,
WHEREAS, the Planning and Zoning Commission of the City of Rochester, after published
notice and hearing, recommended the denial of the proposed amendment to the City's "LAND
USE PLAN;" and
WHEREAS, the Common Council, after published notice, held a public hearing in the
Council/Board Room of the Government Center on May 18, 2015, on the matter of the proposed
amendment to said "LAND USE PLAN;" and
WHEREAS, the Council determined that the application did satisfy all of the criteria
applicable to amendments of Land Use Plans based upon the findings of fact proposed by the
Planning Department staff.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that the "LAND USE PLAN" as adopted on March 24, 1980, and as thereafter amended, is hereby
further amended by changing the designation on the following -described property from the "Low
Density Residential" designation to the "Commercial" designation:
That part of the following described "Parcel A" lying northerly of the following
described "Line 2":
Parcel A:
That part of the W '/2 of the NW '/4 of Section 4 and of the E '/2 of the NW '/4 and
the NE '/4 of Section 5, Town 106 North, Range 14 West, Olmsted County,
Minnesota, described as follows:
Commencing at the Southwest corner of said NE '/4 ; thence Northerly on a
Minnesota State Plane Grid Azimuth from North of 3590 28' 59" along the West
line of said NE '/4 979.70 feet to the point of beginning; thence continue
Northerly 3590 28' 59" along said West line 100.00 feet to the Northeast corner
of Horihan's First Subdivision; thence Westerly 2680 41' 07" azimuth along the
North line of said Horihan's First Subdivision 633.46 feet to the Northwest corner
of said Horihan's First Subdivision; thence Southerly 1790 26' 17" azimuth along
the West line of said Horihan's First Subdivision 154.40 feet; thence Westerly
2590 40' 58" azimuth 194.56 feet; thence Northerly 3590 28' 58" azimuth 1723.19
feet to the North line of said NW '/4 of Section 5; thence Easterly 880 44' 42"
azimuth along said North line 635.28 feet to the Northerly right-of-way line of
County Road No. 34; thence Southeasterly 252.27 feet along said Northerly
right-of-way line on a nontangential curve concave Southwesterly having a
central angle of 130 17' 51", a radius of 1086.98 feet and a chord azimuth of
1120 50' 37"; thence Southeasterly 1190 29' 32" azimuth along said
Northeasterly right-of-way line 107.75 feet; thence Southerly 1780 32' 04"
azimuth 58.31 feet to the center line of County Road No. 34; thence
Southeasterly 1190 29' 32" azimuth along said center line 177.42 feet; thence
Easterly 490.95 feet along said center line on a tangential curve concave
Northerly having a radius of 1145.90 feet and a central angle of 240 32' 52";
thence Easterly 940 56' 40" azimuth along said center line 901.30 feet; thence
Easterly 495.10 feet along said center line on a tangential curve concave
Northerly having a radius of 1272.12 feet and a central angle of 220 17' 56";
thence Easterly 720 38' 44" azimuth along said center line 898.01 feet to the
intersection with the Southerly extension of the West right-of-way line of 36t"
Avenue N.W.; thence Northerly 3580 02' 15" azimuth along said Southerly
extension 51.86 feet to the Northerly right-of-way line of County Road No. 34;
thence Easterly 720 38' 44" azimuth along said Northerly right-of-way line 290.28
feet to the intersection with the Northerly extension of the center line of C.S.A.H.
No. 22; thence Southerly 1780 02' 48" azimuth along said Northerly extension
and along said center line of C.S.A.H. No. 22, a distance of 85.34 feet; thence
Southerly 447.38 feet along said center line on a tangential curve concave
Westerly having a radius of 1637.02 feet and a central angle of 150 39' 29";
thence Southerly 1930 42' 18" azimuth along said center line 808.19 feet;
thence Southerly 180.66 feet along said center line on a tangential curve
concave Easterly, having a radius of 1432.39 feet and a central angle of 070 13'
35"; thence Westerly 2680 50' 45" azimuth 710.58 feet; thence Southwesterly
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2400 33' 00" azimuth 348.96 feet; thence Westerly 2510 27' 00" azimuth 654.58
feet; thence Westerly 2840 17' 1 Y azimuth 626.84 feet; thence Northwesterly
3210 27' 00" azimuth 344.34 feet; thence Southwesterly 2490 45' 13" azimuth
308.20 feet; thence Westerly 2680 41' 07" azimuth 250.00 feet to the point of
beginning.
I INF 9-
Commencing at the Southwest corner of the Northeast Quarter of said Section 5;
thence North 00 degrees 31 minutes 01 second West, assumed bearing, along
the west line of said Northeast Quarter, 1079.70 feet to the northeast corner of
HORIHAN'S FIRST SUBDIVSION; thence South 88 degrees 41 minutes 07
seconds West, along the north line of said HORIHAN'S FIRST SUBDIVSION,
633.46 feet to the northwest corner of said HORIHAN'S FIRST SUBDIVSION;
thence South 00 degrees 33 minutes 43 seconds East, 154.40 feet along the
west line of said HORIHAN'S FIRST SUBDIVSION; thence South 79 degrees 40
minutes 58 seconds West, 144.76 feet; thence North 14 degrees 36 minutes 18
seconds East, 75.44 feet; thence North 79 degrees 16 minutes 54 seconds
West, 65.63 feet; thence North 07 degrees 41 minutes 20 seconds East, 36.36
feet; thence North 01 degree 35 minutes 12 seconds East, 162.81 feet; thence
North 03 degrees 29 minutes 48 seconds West, 129.48 feet to the north line of
the Southeast Quarter of the Northwest Quarter of said Section 5; thence South
88 degrees 30 minutes 37 seconds West, along said north line, 8.83 feet; thence
North 00 degrees 31 minutes 02 seconds West, 1000.26 feet for the point of
beginning of the line to be described; thence North 88 degrees 34 minutes 02
seconds East, 1098.56 feet to the centerline of C.S.A.H. 34 and there
terminating.
Containing 6.21 acres, more or less.
BE IT FURTHER RESOLVED by the Common Council of the City of Rochester that the
"LAND USE PLAN" as adopted on March 24, 1980, and as thereafter amended, is hereby further
amended by changing the designation on the following -described property from the "Low Density
Residential" designation to the "Medium Density Residential" designation:
That part of the following described "Parcel A" lying northerly and westerly of the
following described "Line 1" and southerly of the following described "Line 2":
Parcel A:
That part of the W '/2 of the NW '/4 of Section 4 and of the E '/2 of the NW '/4 and
the NE '/4 of Section 5, Town 106 North, Range 14 West, Olmsted County,
Minnesota, described as follows:
Commencing at the Southwest corner of said NE '/4 ; thence Northerly on a
Minnesota State Plane Grid Azimuth from North of 3590 28' 59" along the West
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line of said NE '/4 979.70 feet to the point of beginning; thence continue
Northerly 3590 28' 59" along said West line 100.00 feet to the Northeast corner
of Horihan's First Subdivision; thence Westerly 2680 41' 07" azimuth along the
North line of said Horihan's First Subdivision 633.46 feet to the Northwest corner
of said Horihan's First Subdivision; thence Southerly 1790 26' 17" azimuth along
the West line of said Horihan's First Subdivision 154.40 feet; thence Westerly
2590 40' 58" azimuth 194.56 feet; thence Northerly 3590 28' 58" azimuth 1723.19
feet to the North line of said NW '/4 of Section 5; thence Easterly 880 44' 42"
azimuth along said North line 635.28 feet to the Northerly right-of-way line of
County Road No. 34; thence Southeasterly 252.27 feet along said Northerly
right-of-way line on a nontangential curve concave Southwesterly having a
central angle of 130 17' 51", a radius of 1086.98 feet and a chord azimuth of
1120 50' 37"; thence Southeasterly 1190 29' 32" azimuth along said
Northeasterly right-of-way line 107.75 feet; thence Southerly 1780 32' 04"
azimuth 58.31 feet to the center line of County Road No. 34; thence
Southeasterly 1190 29' 32" azimuth along said center line 177.42 feet; thence
Easterly 490.95 feet along said center line on a tangential curve concave
Northerly having a radius of 1145.90 feet and a central angle of 240 32' 52";
thence Easterly 940 56' 40" azimuth along said center line 901.30 feet; thence
Easterly 495.10 feet along said center line on a tangential curve concave
Northerly having a radius of 1272.12 feet and a central angle of 220 17' 56";
thence Easterly 720 38' 44" azimuth along said center line 898.01 feet to the
intersection with the Southerly extension of the West right-of-way line of 36t"
Avenue N.W.; thence Northerly 3580 02' 15" azimuth along said Southerly
extension 51.86 feet to the Northerly right-of-way line of County Road No. 34;
thence Easterly 720 38' 44" azimuth along said Northerly right-of-way line 290.28
feet to the intersection with the Northerly extension of the center line of C.S.A.H.
No. 22; thence Southerly 1780 02' 48" azimuth along said Northerly extension
and along said center line of C.S.A.H. No. 22, a distance of 85.34 feet; thence
Southerly 447.38 feet along said center line on a tangential curve concave
Westerly having a radius of 1637.02 feet and a central angle of 150 39' 29";
thence Southerly 1930 42' 18" azimuth along said center line 808.19 feet;
thence Southerly 180.66 feet along said center line on a tangential curve
concave Easterly, having a radius of 1432.39 feet and a central angle of 070 13'
35"; thence Westerly 2680 50' 45" azimuth 710.58 feet; thence Southwesterly
2400 33' 00" azimuth 348.96 feet; thence Westerly 2510 27' 00" azimuth 654.58
feet; thence Westerly 2840 17' 13" azimuth 626.84 feet; thence Northwesterly
3210 27' 00" azimuth 344.34 feet; thence Southwesterly 2490 45' 13" azimuth
308.20 feet; thence Westerly 2680 41' 07" azimuth 250.00 feet to the point of
beginning.
LINE 1:
Commencing at the Southwest corner of the Northeast Quarter of said Section 5;
thence North 00 degrees 31 minutes 01 second West, assumed bearing, along
the west line of said Northeast Quarter, 1079.70 feet to the northeast corner of
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HORIHAN'S FIRST SUBDIVSION; thence South 88 degrees 41 minutes 07
seconds West, along the north line of said HORIHAN'S FIRST SUBDIVSION,
633.46 feet to the northwest corner of said HORIHAN'S FIRST SUBDIVSION;
thence South 00 degrees 33 minutes 43 seconds East, along the west line of
said HORIHAN'S FIRST SUBDIVSION, 154.40 feet; thence South 79 degrees
40 minutes 58 seconds West, 194.56 feet; thence North 00 degrees 31 minutes
02 seconds West, 421.94 feet to the north line of the Southeast Quarter of the
Northwest Quarter of said Section 5 for the point of beginning of the line to be
described; thence North 88 degrees 30 minutes 37 seconds East, along said
north line, 825.12 feet to the northeast corner of said Southeast Quarter of the
Northwest Quarter; thence North 88 degrees 25 minutes 35 seconds East along
the north line of the Southwest Quarter of the Northeast Quarter of said Section
5, a distance of 263.05 feet; thence North 67 degrees 40 minutes 55 seconds
East, 1339.62 feet; thence North 38 degrees 46 minutes 01 second East, 265.99
feet to the southerly right of way line of C.S.A.H. 34; thence North 03 degrees 39
minutes 37 seconds East, 50.00 feet to the centerline of said C.S.A.H. 34 and
there terminating.
LINE 2:
Commencing at the Southwest corner of the Northeast Quarter of said Section 5;
thence North 00 degrees 31 minutes 01 second West, assumed bearing, along
the west line of said Northeast Quarter, 1079.70 feet to the northeast corner of
HORIHAN'S FIRST SUBDIVSION; thence South 88 degrees 41 minutes 07
seconds West, along the north line of said HORIHAN'S FIRST SUBDIVSION,
633.46 feet to the northwest corner of said HORIHAN'S FIRST SUBDIVSION;
thence South 00 degrees 33 minutes 43 seconds East, 154.40 feet along the
west line of said HORIHAN'S FIRST SUBDIVSION; thence South 79 degrees 40
minutes 58 seconds West, 144.76 feet; thence North 14 degrees 36 minutes 18
seconds East, 75.44 feet; thence North 79 degrees 16 minutes 54 seconds
West, 65.63 feet; thence North 07 degrees 41 minutes 20 seconds East, 36.36
feet; thence North 01 degree 35 minutes 12 seconds East, 162.81 feet; thence
North 03 degrees 29 minutes 48 seconds West, 129.48 feet to the north line of
the Southeast Quarter of the Northwest Quarter of said Section 5; thence South
88 degrees 30 minutes 37 seconds West, along said north line, 8.83 feet; thence
North 00 degrees 31 minutes 02 seconds West, 1000.26 feet for the point of
beginning of the line to be described; thence North 88 degrees 34 minutes 02
seconds East, 1098.56 feet to the centerline of C.S.A.H. 34 and there
terminating.
Containing 42.58 acres, more or less.
BE IT FURTHER RESOLVED that a certified copy of this resolution shall be maintained in
the office of the Director of the Rochester -Olmsted Department of Planning and Housing; the office
of the Director of Public Works of the City of Rochester; and the office of the Director of Building
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and Safety of the City of Rochester and shall be available for public inspection.
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to file a certified copy
of this resolution in the office of the County Recorder in and for Olmsted County, Minnesota.
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.
(Seal of the City of
Rochester, Minnesota)
Zone15\Landuse.R2014-008
MAYOR OF SAID CITY
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