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HomeMy WebLinkAboutResolution No. 219-21 G04 - Resolution - Floodplain Conditional Use Permit No. CD2021-023CUP, by Daniel Bosshart RESOLUTION Approving Conditional Use Permit No. CD2021-023CUP, by Daniel Bosshart to Develop a Residential Building and Compensatory Storage Within the Floodplain Located North of Marion Road SE, and South of 20th Street SE. WHEREAS, 62.824 Conditional Use Permits – Standards for Approval requires the onsideration of certain factors foconditional 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 a single-family dwelling above the Required Flood Protection Elevation. The applicant has provided the appropriate mitigation measures to elevate the dwelling out of the floodplain and provides adequate compensatory storage as to maintain the floodplain capacity to predevelopment threshold. 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. So long as the building is sufficiently elevated, the risk to damage is reduced. FEMA has determined that fill is sufficient to reduce the risk and allows dwellings elevated by fill to be removed from the floodplain so that they are not required to carry flood insurance. The landowner must submit a Letter of Map Revision based on Fill (LOMR-F) to FEMA if they wish to remove the dwelling from the floodplain after construction is complete. E. The importance of the services provided by the proposed facility to the Community. 1 The proposed single-family dwelling is a permitted use in the zoning district. The amount of floodplain affected by the building is the minimal amount necessary for the proposed use. F. The need for a waterfront location for the facility. A single-family dwelling is a permitted and reasonable use on a low-density residential property that contains a creek. G. The availability of alternative locations not subject to flooding for the proposed Use. The entire property in within the special flood hazard area. There is no place to build that would not impact the floodplain. H. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. The proposed use is compatible with current and future surrounding development.. I. The relationship of the proposed use to the comprehensive flood plain plan and management program for the area. The property is designated floodprone, therefore it is required that development provides compensatory storage for any fill brought into the property. The applicant has provided sufficient storage to meet the fill requirements for the dwelling. J. The safety of access to the property in times of flood for ordinary and emergency Vehicles. The driveway is shown on the plan to be elevated. It should be elevated to no more than 2 feet below the base flood elevation. 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 1029.6. The velocity, duration rate of rise would not be impacted by the development. Compensatory storage is required to offset the amount of fill brought onto the site. L. Such other factors which are relevant to the purposes of Section 62.800. 2 There are no other factors relevant to this section. 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 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. 3. The effect of such activities in the Flood Prone area shall not result in an increase in erosion potential on the site. The grading plan must be approved by all required departments to ensure proper erosion control measures are in place prior and post construction to effectively manage erosion. WHEREAS, on September 22, 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. All grading, restoration and stabilization associated with this application shall be in compliance with a City approved Grading & Drainage Plan. 2. The compensatory storage cannot be filled or replaced without amending the conditional use permit. 3. The applicant must submit a No-Rise Certificate for the grading within the floodway or move the compensatory storage to outside of the floodway boundaries. 4. The building pad for the dwelling must include enough area at the base flood elevation to 15 feet around the structure. 5. A FEMA Letter of Map Revision may be required based on the as built conditions, prior to the issuance of a certificate of occupancy. 3 6. An as built elevation certificate must be submitted to the Community Development Department prior to certificate of occupancy being issued for the dwelling. WHEREAS, on October 18th 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- 023CUP by Daniel Bosshart, 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