2009.10.05 ORD 2009-434 - Laserfiche WebLink

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(3) Notice of the conditional use permit application shall be provided to the property owner of record for properties located within 300 feet of the lot or parcel to which the application applies, at least ten days prior to the hearing date. (4) If the application relates to the Floodplain District, the city engineer shall determine as necessary, the 100 -year flood elevation, floodway, and flood fringe boundaries and also make a determination and report to the planning commission the impact the proposed use will have on the floodplain, including any expected increase to the regional flood elevation and peak discharge of the regional flood. Such determination shall be based upon a hydraulic analysis of the stream channel and overbank areas, in accordance with Minnesota Rules 6120.5000--6120.6200, and assume an equal degree of encroachment on both sides of the stream within the reach. In making a determination, the city engineer shall use existing floodway and flood fringe boundaries shown as Zone AE on the city's official floodplain map. The property owner may request a map revision in accordance with section 90-138. (c) Findings required for approval. In order to recommend approval of a conditional use permit, the commission must find all of the following: (1) The proposed use is permissible by law. (2) The proposed use is in keeping with the spirit and intent of this chapter. (3) The proposed use is compatible with the city's comprehensive plan, and the character of the surrounding area. (4) The proposed use has adequate drainage, water supply, electrical, gas, and sewage treatment facilities. (5) The proposed use has adequate road access, and does not reduce the safety or capacity of the public road system. Road access shall be no lower than the regional flood elevation. (6) The technical evaluation of the floodplain, if required, accurately represents the conditions and boundaries of the floodplain area, as well as correctly represents the proposed use's impact on the floodplain. (7) The proposed use may not create a danger that materials may be swept onto other lands, or downstream to the injury of others, or block bridges, culverts, or other hydraulic structures. (8) The proposed use will not damage or reduce the benefits the public receives from public waters. (9) If located in the shoreland overlay district, the waterbody will be able to safely accommodate the number, type, and uses of the watercraft the project will generate. P