Agenda - Council - 05/11/2021 - Laserfiche WebLink

Home

Owner. That being said, there are options to consider that would allow the retaining wall and fill to remain. The retaining wall is about one foot off the public trail in the backyard. The backyard is designated as floodplain by the DNR, which has specific rules about putting in fill and modifying existing grades (slopes). If the City desires to allow this encroachment, assuming successful attainment of a No Rise Certificate from FEMA, the City will also need to process an amendment to the Conservation and Trail Easement. Conditional Use Permit The City is able to grant the homeowner a Conditional Use Permit (CUP) for putting fill (dirt) in the floodplain area (backyard) under certain conditions. The biggest condition is that the fill cannot change the rise across the floodplain, which is called a no -rise certificate. Modeling is completed using the slopes and fill information to determine if the fill created more than a 0.0% change across the site. It is a strict and hard to meet level, but not impossible. Staff is currently working to complete the modeling. After significant investigation and collaboration with the DNR, it has been determined that the existing model for this area needs to be updated. Unfortunately, this has created delays. Staff is working with one of the City's consulting planners/engineers to assist in updating this model that will allow the City to more quickly process these types of requests in the future. Required Items to Keep Retaining Wall • Amend Conservation and Trail Easement (Handled separately - item outlined in attached document) • Range of settlement likely $500 - $1,000. Staff will bring final vacation agreement and totals to a future City Council meeting. • As part of this case, Staff is asking for direction from the City Cou 1 to begin the process of vacating hte conservation and trail easement. • Conditional Use Permit (CUP) for Fill within a Floodplain (Tonight's case) • Can be granted if fill resulted in a 0.0% no -rise certificate (determined via modeling) • Staff is currently working on the modeling but is lacking required data Options are laid out more extensively in an attachment. 111 Policy Question • If modeling shows no -rise (0.0 rise orTess), is the City Council supportive of a Conditional Use Permit for the fill placed in the flood lain (backyard of Subject Property) for the retaining wall? Funding Source: Staff is handling this update as art of regular duties. Additionally, due to the broader policy implications along this corridor/in this neighborhood, Staff has taken on the necessary floodplain modeling that would ordinarily be the responsibility of the Applicant. Recommendation: Due to the degree of policy/legislative discretion of this case, Staff needs policy direction before formulating a Staff Recommendation. Planning Commission made a contingent recommendation of Approval for the Conditional Use Permit, based upon no rise certificate from FEMA. Action: Motion to Adopt Resolution #20-256 Approving the Conditional Use Permit for Floodplain Fill at 7349 168th Cir NW and directing staff to start process to vacate part of the conservation and trail easement on the Subject Property and bring back a settlement agreement. Site Location Map Attachments Copy of previous Council Case