HomeMy WebLinkAboutResolution No. 237-21 - Resolution - Floodplain Conditional Use Permit No. CD2021-026CUP - Rochester Public Utilities Substation
RESOLUTION
Approving Conditional Use Permit No. CD2021-026CUP, by Rochester Public
Utilities for Fill in the Floodplain for the Development of a Substation Located
West of the Intersection of Marion Rd SE and 14th St SE.
WHEREAS, the standards for approval in accordance with City of Rochester, Minnesota
Land Development Manual (LDM) Chapter 62.824 and 61.146 were considered; and
WHEREAS, the applicant has analyzed the proposal and certifies that the fill placed within
the floodway will not increase water surface elevations. Representatives with the
Minnesota Department of Natural Resources have also reviewed the request and stated
that a Conditional Letter of Map Revision was not required due to the insignificant grading
work being completed in the floodway; and
WHEREAS, the entire site will be raised to the regulatory flood protection elevation, there
will be no loose materials kept on the site to be swept downstream; and
WHEREAS, the water supply and sanitary service will access the site from outside the
floodprone areas. All water gate valves and sanitary clean outs will be positioned outside
or above areas prone to flooding; and
WHEREAS, the building and power transformers located on this site are approximately
five feet higher than the base flood elevation in this area and should be well protected
from potential flood damage; and
WHEREAS, the substation is a critical facility required by Rochester Public Utilities to
continue to ensure reliable, uninterrupted power supply to the region; and
WHEREAS, the property is not considered waterfront. Bear Creek is located on the
adjacent property to the west; and
WHEREAS, the applicant has indicated this was the best location that met Rochester
Public Utilities service needs and there was no way to adjust the plan to eliminate the
need for the fill in the floodway; and
WHEREAS, the proposed use is permitted in this zoning district and is critical for the
electrical grid stability for the City of Rochester, therefore is compatible with the
surrounding land uses; and
WHEREAS, the width of the floodway is based on the flood fringe being filled, so fill in the
flood fringe will not change the width of the floodway, and the Letter of Map Revision
based on Fill is required in order to ensure the property is taken out of the floodplain in
the future. Compensatory storage is not required for this request; and
WHEREAS, the access of the property is not located within the floodplain; and
WHEREAS, the base flood elevation of the property is 1006.9. The velocity, duration rate
of rise would not be impacted by the development; and
WHEREAS, on October 13, 2021, the City of Rochester Planning and Zoning
Commission reviewed the application in accordance with the requirement of LDM 62.824
and 61.146 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 all construction activities.
2. A Letter of Map Revision to move the floodway must be completed prior to any
construction or grading.
3. Approval of a Zone Change by the City of Rochester to modify the floodplain
zoning district is required prior to the approval of a Site Development Plan.
4. LOMR-F Letter of Map Revision based on fill to remove elevated land from the
floodplain must be completed prior to the approval of a Site Development Plan.
5. All grading, earthwork, or placement of fill must be completed within two years
after CUP approval.
WHEREAS, on November 1, 2021, the City of Rochester Common Council held a public
hearing to consider the application, and adopted the findings of fact and recommended
approval of subject to the five conditions of approval recommended by the Community
Development Department and the Rochester Planning and Zoning Commission; and
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that, based on 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 five conditions of approval.
BE IT FURTHER RESOLVED that the City approves Conditional Use Permit No.
CD2021-026CUP, by Rochester Public Utilities, subject to the above stated conditions 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)