HomeMy WebLinkAboutResolution No. 270-18 - TexparEnergy,LLC.ConditionalUsePermitR2018-021
RESOLUTION
WHEREAS, Texpar Energy LLC requested approval for Conditional Use Permit #R2018-
021CUP, which is a request to allow a berm to be replaced with a retaining wall in the special flood
hazard area AE floodplain. The site is located south of 7 St NW, north of Highway 14 and west of
the HWY 52.
WHEREAS, 62.824 Conditional Use Permits – Standards for Approval. When deciding on
conditional use permits in any flood district, the following factors, in addition to the standards in
Section 61.146, must be considered:
A. The danger to life and property due to increased flood heights or velocities caused by
encroachments.
An existing flood control berm is located on the site. The proposal would replace a
portion of the berm with a sheet piling wall. The information provided in the
application shows that the wall will occupy less space within the floodplain than the
current berm. Because of this, the change is not expected to increase flood heights
or velocities.
B. The danger that materials may be swept onto other lands or downstream to the injury of
others.
The applicant narrative states that the proposed retaining wall design has been
stamped and certified by a licensed engineer for both flood control and berm
containment design. The retaining wall is expected to perform in the same manner as
the berm, and is not expected to increase the danger of materials being swept
downstream.
C. The proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination and unsanitary condition.
The proposed change from a berm to a sheet piling wall is not expected to change
the ability of water supply and sanitation systems to prevent disease, contamination
and unsanitary conditions.
D. The susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the individual owner.
The proposed retaining wall design has been stamped and certified by a licensed
engineer for both flood control and berm containment design.
E. The importance of the services provided by the proposed facility to the community.
The Rochester terminal for Texpar Energy is an existing facility that includes storage
tanks located on-site. Based on the company’s website, the company transports
various oil-related products. The tank storage area is currently surrounded by a
berm, which is intended for containment of the storage tank area. Containment of the
storage area with a berm or retaining wall is a desirable feature for the protection of
the surrounding area.
1
F. The need for a waterfront location for the facility.
The facility is an existing facility.
G. The availability of alternative locations not subject to flooding for the proposed use.
The facility is an existing facility. The proposed wall is intended to improve the
functionality of the current facility.
H. The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future.
The facility is a permitted land use within the M-2 zoning district, and is compatible
with surrounding development, which generally consists of low-intensity commercial
uses. For flood control, the proposed structure is expected to perform the same
function as the existing flood control berm. Based on the applicant’s narrative, the
modification to the berm is necessary to accommodate the loading of tanker trucks
within the site.
I. The relationship of the proposed use to the comprehensive flood plain plan and
management program for the area.
Management of floodplain is generally concerned with the reduction of capacity
through the additions of structures within the floodplain. This proposal will not
reduce floodplain capacity.
J. The safety of access to the property in times of flood for ordinary and emergency
vehicles.
The site is surrounded by floodplain. Changes to site access are not proposed
with this application. However, the proposed change to the flood control berm is
intended to allow for improved truck access to the site, so a revised access
location could be requested through a future site development plan. Although
access to the site may not be available during a flood event, the site is generally
intended for materials storage, and is not likely to be regularly occupied by
employees or other persons.
K. The expected heights, velocity, duration, rate of rise, and sediment transport of the
flood waters expected at the site.
An existing flood control berm is located on the site. The proposed replacement
of a portion of the berm with a retaining wall will face the same conditions as the
existing wall.
L. Such other factors which are relevant to the purposes of Section 62.800.
There are no other evident factors that are relevant to the purposes of Section
62.800.
2
WHEREAS, on July 11, 2018, the City of Rochester Planning and Zoning Commission
reviewed the application according to the requirements of R.C.O. § 62.1105 and recommended
approval with the following conditions:
1. 1. Prior to site development plan approval, Grading & Drainage Plan
approval is required.
WHEREAS, on August 6, 2018, the City of Rochester Common Council held a public
hearing to consider this application, and adopted the findings of fact and recommended approval
subject to the one condition of approval proposed by the Planning Department.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that, based upon the above-stated findings of fact, the Applicant has shown by a preponderance of
the evidence submitted at the public hearing that it has satisfied the above criteria subject to the
imposition of the above-stated ten conditions of approval.
BE IT FURTHER RESOLVED that the City approve Conditional Use Permit #R2018-
021CUP requested by Texpar Energy LLC, subject to the above-stated condition of approval.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2018.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2018.
__________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone15\\SubLandAlt\\CUP2018-021
3