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HomeMy WebLinkAboutResolution No. 083-21 - Approving Conditional Use Permit No. CD2021-004CUP, by W&A Cold Storage, for Approval to Fill in Floodplain RESOLUTION Approving Conditional Use Permit No. CD2021-004CUP, by W&A Cold Storage, for Approval to Fill in Floodplain for Proposed Addition to an Existing Warehouse th Building Located North of 19 Street NW and West of Ashland Drive NW. 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. The request is to place fill to elevate the commercial building above the Regulatory Flood Protection Elevation (RFPE). The amount of fill to raise the building to the base flood elevation is 68 cubic yards and the applicant is proposing to cut 86 cubic yards to compensate for the potential flood storage loss. Therefore, there should be no increased flood heights or velocities caused by the development. B. The danger that materials may be swept onto other lands or downstream to the injury of others. There is no exterior storage proposed in the floodplain that would cause materials to be swept onto other lands or downstream. C. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary condition. The building is connected to city services and the water system will not be at risk of contamination due to the development. D. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. The building is proposed to be raised well above the regulatory flood protection elevation. The future LOMR-F will remove the area from the floodplain and the risk of flood damage will be minimal. E. The importance of the services provided by the proposed facility to the Community. The amount of floodplain affected by the building is minimal the commercial business is permitted in the zoning district. F. The need for a waterfront location for the facility. 1 The floodplain is on a dry ditch tributary of the North Run of the North Fork of Cascade Creek. The property is not considered waterfront. G. The availability of alternative locations not subject to flooding for the proposed Use. The alternative would be to build a smaller addition that is not located in the floodplain. However, the size of the building is permitted by the zoning ordinance and the applicant has shown their ability to mitigate the effects of building in the floodplain to the satisfaction of the County Floodplain Manager. H. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. The proposed use and size of the addition is compatible with the existing development, which is permitted in the zoning district. The proposed fill is being compensated adequately so it should have no effects on future development of the area. I. The relationship of the proposed use to the comprehensive flood plain plan and management program for the area. The property falls within a dam breach area. A commercial use is an appropriate use of a property that falls within this area because there would be no residential uses if a catastrophic failure of the dam were to occur. The business should be aware of this so that they can include evacuation procedures within their emergency management procedures. J. The safety of access to the property in times of flood for ordinary and emergency Vehicles. The access of the property is not located within the floodplain. K. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. The base flood elevation of the property is 1036.5. The velocity, duration rate of rise would not be impacted by the development because a stormwater management basin is adjacent to the development and compensatory storage is available to offset the amount of fill brought onto the site. L. Such other factors which are relevant to the purposes of Section 62.800. There are no other factors relevant to this section. 2 62.860 Construction Standards In The Flood Prone District: 1) Fill deposited in the Flood Prone area shall be no more than the minimum amount necessary to conduct the use. The proposed amount of fill is the minimum necessary to create a elevate the structure to the base flood elevation. 2) No net loss of capacity for surface storage of flood waters shall result from the Activity. The applicant is proposing sufficient compensatory storage to account for the amount of fill brought onto the site to raise the building to the base flood elevation. Fill to raise the building above the base flood elevation does not require compensation. 3) The effect of such activities in the Flood Prone area shall not result in an increase in erosion potential on the site. A grading plan will be required to ensure proper erosion control measures are in place prior and post construction to effectively manage erosion. WHEREAS, on March 24th 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 Conditional Use Permit 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 approval of a Certificate of Occupancy for the building. 3. Approval of a Zone Change by the City of Rochester to modify the flood prone zoning district is required prior to the approval of a Certificate of Occupancy for the building. 4. All grading, earthwork, or placement of fill must be completed within two years after 3 CUP approval. WHEREAS, on April 19th 2021, 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- 004CUP by W&A Cold Storage, subject to the above-stated condition of approval. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS__________DAY OF______________, 2020. ___________________________________ 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