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<br /> <br /> <br /> Created: 2025-05-22 16:40:50 [EST] <br />(Supp. No. 36) <br /> <br />Page 34 of 198 <br />ii. The applicant shall transmit one copy of the information described in subsection (i) to a <br />designated engineer or other expert person or agency for technical assistance, where <br />necessary, in evaluating the proposed project in relation to flood heights and velocities, the <br />seriousness of flood damage to the use, the adequacy of the plans for protection, and <br />other technical matters <br />iii. Based upon the technical evaluation of the designated engineer or expert, the City shall <br />determine the specific flood hazard at the site and evaluate the suitability of the proposed <br />use in relation to the flood hazard. <br />(9) Application fees and escrow, as established by the city council. <br />(b) Upon receipt of a completed application for a conditional use permit, the community development director <br />or designee shall schedule the application for a hearing before the planning commission. <br />(1) If the conditional use permit application relates to any floodplain or shoreland area, notice of the <br />application shall be provided to the commissioner of the department of natural resources at least ten <br />days prior to the hearing date. <br />(2) If the conditional use permit application relates to any development fronting a county highway, the <br />county engineer shall be given notice of the application ten days prior to the hearing date. <br />(3) Notice of the conditional use permit application shall be provided to the property owner of record for <br />properties located within 350 feet of the lot or parcel to which the application applies, at least ten days <br />prior to the hearing date. <br />(4) If the application relates to the floodplain district, the city engineer shall determine as necessary, the <br />100-year flood elevation, floodway, and flood fringe boundaries and also make a determination and <br />report to the planning commission the impact the proposed use will have on the floodplain, including <br />any expected increase to the regional flood elevation and peak discharge of the regional flood. Such <br />determination shall be based upon a hydraulic analysis of the stream channel and overbank areas, in <br />accordance with Minnesota Rules 6120.5000—6120.6200, and assume an equal degree of <br />encroachment on both sides of the stream within the reach. In making a determination, the city <br />engineer shall use existing floodway and flood fringe boundaries shown as Zone AE on the city's official <br />floodplain map. The property owner may request a map revision in accordance with section 90-138. <br />(c) In order to recommend approval of a conditional use permit, the commission must find all of the following: <br />(1) The proposed use is permissible by law. <br />(2) The proposed use is in keeping with the spirit and intent of this chapter. <br />(3) The proposed use is compatible with the city's comprehensive plan, and the character of the <br />surrounding area. <br />(4) The proposed use has adequate drainage, water supply, electrical, gas, and sewage treatment facilities. <br />(5) The proposed use has adequate road access, and does not reduce the safety or capacity of the public <br />road system. Road access shall be no lower than the regional flood elevation. <br />(6) The technical evaluation of the floodplain, if required, accurately represents the conditions and <br />boundaries of the floodplain area, as well as correctly represents the proposed use's impact on the <br />floodplain. <br />(7) The proposed use may not create a danger that materials may be swept onto other lands, or <br />downstream to the injury of others, or block bridges, culverts, or other hydraulic structures. <br />(8) The proposed use will not damage or reduce the benefits the public receives from public waters.