Loading...
HomeMy WebLinkAboutResolution No. 065-21 - Conditional Use Permit No. CD2021-002CUP, by Creekview Meadows LLC RESOLUTION Approving Conditional Use Permit No. CD2021-002CUP, by Creekview Meadows LLC, for Approval to Place Fill Material within the Flood Fringe Zone, located North of 20th St SE, East of 36thAve SE, South of Eastwood Golf Course, and West of the Eastern City Limit. 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. Report: The request is to place fill to elevate the future dwellings out of the floodplain and the construction of a stormwater pond in the flood prone district. These development activities require compensatory storage to account for the amount of fill placed in the floodplain. The applicant has submitted a Certificate of No Rise, which has been reviewed by the DNR, ensuring the proposal will not create any increase in water surface elevations. B. The danger that materials may be swept onto other lands or downstream to the injury of others. Report: There are no structures proposed in the floodplain at this time. The danger that materials may be swept onto other lands is minimal with this request. The amount of proposed cut and fill results in more compensatory storage than the amount of fill proposed. Best management plans and procedures must be adhered to during grading activities to ensure erosion control. C. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary condition. Report: The proposed development will provide storm sewer, domestic water, and sanitary sewer. The proposed fill will provide protection to these utilities. There is a minimal risk of contamination and unsanitary conditions due to flooding in this area. D. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. Report: The summary and analysis provided within the No Rise memo verifies no increases in flood heights from the proposed development. E. The importance of the services provided by the proposed facility to the community. Report: The primary purpose of the CUP is to build a stormwater facility that will manage stormwater associated with a new low-density residential development. The CUP will also allow the elevation of 1 future dwellings to ensure they are protected from potential floods while compensating for the amount of fill to ensure that the flood heights will not be affected elsewhere. F. The need for a waterfront location for the facility. Report: The proposed development is outside of the minimum shoreland setbacks and developing the flood fringe in accordance with the requirements of the Land Development Manual. G. The availability of alternative locations not subject to flooding for the proposed use. Report: Additional stormwater facilities are planned throughout the subdivision to minimize the size of the proposed stormwater facility within the area subject to flooding. The proposed location in Phase 6 is the best point for stormwater management given the parcel configuration due to the low point of the site to provide the most effective stormwater management rate control. H. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. Report: The proposed use is compatible with existing development. The proposed fill is being compensated adequately and no effects are expected on future development of the area. The approved General Development Plan also provides for future connectivity to the parcel to the east of the subject property to provide flood-free access for future development. I. The relationship of the proposed use to the comprehensive flood plain plan and management program for the area. Report: The proposed fill is located within the Bear Creek Watershed of the 1999 Storm Water Management Plan. A stormwater basin was identified on this plan and designated BC-P2.12. This basin is located within the watershed of the proposed project. The applicant has indicated in their narrative that direct comparison between the 1999 Storm Water Management Plan basin targets and the proposed basin is not feasible due to changes to rainfall standards and watershed areas. The proposed pond is slightly larger in overall normal water level footprint and provides for equal bounce in the 100- yr water surface elevation (NWL to HWL). Additionally, supplemental stormwater facilities will be located upstream of the proposed stormwater facility to further mitigate peak flows and water quality treatment. J. The safety of access to the property in times of flood for ordinary and emergency vehicles. Report: Access to the future dwellings will have a low risk for flooding. The proposed development will allow for access to existing dwellings to 2 be relocated out of the floodplain. Both the existing residences north of the project site, and the proposed stormwater pond, will be accessible via flood-free routes. 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. Report: The attached No-Rise Memo provides for the methodology of the analysis of the floodplain elevations and indicates the flood waters will be reduced slightly. L. Such other factors which are relevant to the purposes of Section 62.800. Report: Wetlands have been identified within the area of fill shown on the proposed Flood Plain CUP application. Complete avoidance of the wetlands is not feasible, and the project has reviewed alternatives to minimum impact to the adjacent wetlands. A Wetland Mitigation plan will be prepared and approved prior to the approval of a grading permit associated with the proposed fill. WHEREAS, on March 10, 2021, 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. An approved Grading Plan that is consistent with the modeling supporting the no- rise certification must be obtained prior to construction. a. No Grading, earthwork or placement of fill associated with this Conditional Use Permit is allowed to occur until a Grading Plan has been approved, and a grading permit issued. 2. Approval of a Letter of Map Revision-Fill (LOMR-F) by the Federal Emergency Management Agency (FEMA) for the proposed fill in the floodplain is required prior to the application of a preliminary plat for any lots located in phases 5 and 6 as shown on the provided plan documents. 3. Approval of a Zone Change by the City of Rochester to modify the flood prone zoning district is required prior to the application of a preliminary plat for any lots located in phases 5 and 6 as shown on the provided plan documents. 3 4. All grading, earthwork, or placement of fill must be completed by , Dec. 312023, and comply with all ordinances, regulations and standards in place at the time that the work will be done. , WHEREAS, on April 52021, 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 No. CD2021-002CUP by Creekview Meadows 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 _______________, 2021. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: __________________________ CITY CLERK APPROVED THIS _____ DAY OF ______________________, 2021. ___________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) 4