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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 17, 2015 6:30 o'clock p.m. 8. #15-3773 BILL BRUEGGEMAN ON BEHALF OF STEVE ELLIOT, 1400 BALDUR PARK ROAD, CONDITIONAL USE PERMIT, 9:00 P.M. -9:10 P.M. Bill Brueggeman, Applicant, was present. Council Exhibit G Curtis stated the applicant is proposing to demolish the existing structure and construct a new single- family home on the property. The new home must be constructed to conform to all applicable laws and regulations. In order to conform to the floodplain regulation, the lowest floor of the home must be at or above the regulatory flood protection elevation (RFPE). The RFPE is one foot above the elevation of the one percent annual chance of flooding or the 100-year flood elevation and follows the 931.5 foot elevation contour. The RFPE for Lake Minnetonka is established at 932.5 feet. The Minnehaha Creek Watershed District requires an additional foot above the RFPE for all openings. The applicant's proposal contemplates cutting and filling within the property in order to elevate the proposed home to meet the floodplain regulations. Whenever floodplain filling is proposed, the DNR and MCWD regulations require the floodplain be expanded elsewhere so there is no decrease in flood storage capacity. The applicant is proposing equal mitigation for the impacts on the property. The Planning Commission may recommend and the Council may grant a conditional use permit as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the City must find that the proposed use complies with the criteria outlined in the Code. Staff provided a conditional use permit analysis in the Staff report and the Planning Commission should discuss any of the criteria they feel is appropriate. In addition to the City's conditional use permit requirement for filling/grading below the one percent annual chance flood elevation, the activity is subject to a floodplain alteration permit governed by the MCWD. The applicant has submitted an application to the MCWD along with the required plans and engineering. The Watershed District is currently reviewing that application. Further, the City Engineer will assure that the permitting conditions of the MCWD are consistent with the I-to-I volume mitigation requirement of the FEMA floodplain regulations which the City enforces. Other than that, there are no specific additional requirements of the City's conditional use permit review. Staff recommends the Planning Commission hold the public hearing, allow any public comments and then make a recommendation to the Council. The applicant should be required to provide proof of an approved MCWD floodplain alteration permit prior to placement on the City Council's agenda for review. The grading plan would also be reviewed consistent with the City's building permit requirements. The proposed development of the property does meet all of the other zoning requirements. Landgraver asked if this has any impact or relationship with the road work that will be done on Baldur Park Road. Curtis stated the City Engineer is aware of this proposal and has been reviewing it. Curtis stated she is not sure how this relates to it. Curtis stated any construction that happens at the same time as the City's road project will need to be coordinated and the applicant is aware of that. Lemke asked if the cut and fill calculations were reviewed by the City Engineer. Page 25 of 43