HomeMy WebLinkAbout5.B.2. Whitebox Commodities Holding Corporation
5. G. ;L .
CITY OF SHAKOPEE
Memorandum co~"srNT
r~ r:
CASE NO.: 09-028
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner II
SUBJECT: Technical Determination related to the Whitebox Commodities Conditional
Use Permit to allow the placement offill in a flood plain overlay zone.
MEETING DATE: November 4, 2009
INTRODUCTION
Whitebox Commodities Holding Corporation recently received approval for a Conditional Use
Permit for their property located at 3251 Hwy. 101. The site presently is utilized as a grain elevator
operation, which is listed as a Conditional Use of the Heavy Industry (1-2) Zone. The property
owner would like to construct three (3) large grain storage bins at this property, which would
involve placing fill in the flood plain overlay zone.
Section 11.85, Subd. 13 E. of the City Code requires that the Zoning Administrator shall present
technical determinations as they relate to the flood plain overlay zone to the City Council, and that
the Council shall accept the technical evaluation and the recommended floodway, or deny the
application.
Information submitted to the City included an evaluation ofthe proposed project in relation to flood
heights and velocities, the seriousness of flood damage to the use, and the adequacy of the plans for
protection. The City is to determine whether the proposed use is in the floodway or flood fringe area,
and determine the regulatory flood protection elevation. This determination includes the following:
1. An estimation of the peak discharge of the regional flood.
The applicant has determined that the peak discharge of the regional flood is 103,000 cubic
feet per second, which is the same value used by the Corps of Engineers for the restudy of
the Minnesota River a few years ago.
2. A calculation of the water surface profile of the regional flood based upon a hydraulic
analysis of the stream channel and overbank areas.
The applicant had provided this information with their application submittal and is found in
the April 24, 2009 letter to John Stich from Wenck Associates, Inc., and related materials
attached to that letter.
3. A computation of the floodway necessary to conveyor store the regional flood without
increasing flood stages more than 0.5 foot (A lesser stage increase than 0.5 feet shall be
required if, as a result of the additional stage increase, greater flood damages would
result.).
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Table 2 in the April 24, 2009 letter to John Stich from Wenck Associates, Inc. indicates
there will be no increase in the 100-year flood stage as a result of the project.
In the Board's review of this project, they reviewed Section 11.56 of the City Code, Subd. 10 D. (also
found in Section 11,85, Subd. 13) which lists factors upon which their decision shall be based, as they
relate to the flood plain overlay zone. Those factors are as follows:
a. The danger to life and property due to increased flood heights or velocities caused by
encroachments.
b. The danger that materials may be swept onto other lands or downstream to the injury of
others or they may block bridges culverts or other hydraulic structures.
c. The proposed water supply and sanitation systems and the ability of these systems to prevent
disease contamination and unsanitary conditions.
d. The susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the individual owner.
e. The importance of the services provided by the proposed facility to the community.
f. The requirements of the facility for a waterfront location.
g. The availability of alternative locations not subject to flooding for the proposed use.
h. The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future.
1. The relationship of the proposed use to the comprehensive plan and flood plain management
program fot the area.
J. The safety of access to the property in times of flood for ordinary and emergency vehicles.
k. The expected heights velocity duration rate of rise and sediment transport of the flood
waters expected at the site.
1. Such other factors which are relevant to the purposes of this Section.
The applicant had addressed these factors in their narrative, noting that with the proposed
improvements to the expansion area (berm extension), the flood plain issues will no longer be of a
concern, and FEMA is agreeable to issue a Letter of Map Revision based on Fill and revise the
flood boundary and floodway map and remove this area from the 100 year flood elevation.
Additionally, the applicant noted that the improvements will be constructed above the 100-year
flood level, so the risk of flood damage is low, but the improvements will also be insured. Please
specifically refer to pages 2, (standards for floodway area placement of fill in the floodway area),
pages 5 thru 7 (Section 11.85, Subd. 13, Special Provisions in the Floodplain Overlay Zone) and
pages 9-10 (Criterion #5 as it pertains to variances in the flood plain overlay zone) of the applicant's
narrative for additional detail in response to the criteria and findings required for floodplain
applications.
On September 3, 2009, the BOAA did approve Resolution No. PC09-028, a resolution approving a
Conditional Use Permit to allow the expansion of a grain elevator operation, overheight structures, and
fill in the flood plain overlay zone. That resolution is attached to this report, which includes a number of
conditions from the City Engineering Department related to storm water runoff and flood plain
protection.
The City Code Section 11.85 Subd. 13. E. does also note that the City Council may submit the
application and all supporting data and analysis to the Federal Emergency Management Agency
(FEMA) or the Department of Natural Resources; however, staff can confirm that the applicant has met
with city staff and Department of Natural Resources staff, as well as FEMA staff, and those agencies
have received the application and all supporting data and analysis and have provided staff comments
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during the review ofthe CUP. Additionally, FEMA has provided a Conditional Letter of Map Revision
Based on Fill, which notes their determination that the proposed portion of the property involved in this
project would not be located in the Special Flood Hazard Area, and area inundated by the flood having a
1 % chance of being equaled or exceeded in any given year (base flood) ifbuilt as proposed.
AL TERNATIVES
1. The City Council shall accept the technical evaluation and the recommended floodway as
they relate to the flood plain overlay zone.
2. The City Council shall not accept the technical evaluation and the recommended floodway and
deny the application.
3. The Council may table the request for additional information.
RECOMMENDATION
Because Shakopee City Code Section 11.85, Subd. 13 E. requires that the Zoning Administrator
present technical determinations as they relate to the flood plain overlay zone to the City Council;
because the information provided and evaluated relative to the Whitebox Commodities site warrants
the proposed floodway determination; and because the Council must accept or reject the technical
evaluation and the recommended floodway definition; staff recommends that the City Council
accept the technical evaluation and the recommended floodway as they relate to the flood plain
overlay zone in the area of the Whitebox Commodities site..
RELATIONSHIP TO CITY GOALS
In that it is intended to make sure that the identification of the flood plain overlay zone is accurate,
and therefore protective of the flood plain, this item relates to Goal B. High quality oflife.
ACTION REQUESTED
Offer a motion accepting the technical evaluation and the recommended floodway as they relate to the
flood plain overlay zone for Whitebox Commodities Holding corporation, 3251 Highway 101, as
contained in the file for Conditional use Permit No. PC09-028, and move its adoption.
Mark Noble
Planner II
H:\CC\2009\11-04\09028 _ Whitebox.doc
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RESOLUTION NO. PC09-028
A RESOLUTION OF THE CITY OF SHAKOPEE APPROVING A VARIANCE TO ALLOW
BUILDINGS WITH METAL SIDING, AND APPROVING A CONDITIONAL USE PERMIT
TO ALLOW THE EXPANSION OF A GRAIN ELEVATOR OPERATION, TO ALLOW
OVERHEIGHT STRUCTURES IN THE HEAVY INDUSTRY (1-2) ZONE, AND TO ALLOW
DEVELOPMENT OF PROPERTY LOCATED WITHIN THE FLOOD PLAIN OVERLAY
ZONE.
WHEREAS, Carol Lansing, Faegre & Benson LLP, applicant, and Whitebox Commodities
Holding Corporation, property owner, have filed an application for a variance and Conditional Use
Permit under the provisions of Chapter 11, Land Use Regulation (Zoning), of the City of Shakopee
City Code, Section 11.89, to allow metal sided buildings, expansion of a grain elevator operation,
overheight structures; and to allow development of property located within the Flood Plain Overlay
Zone, under the provisions of Chapter 11, Land Use Regulation (Zoning), of the Shakopee City Code,
Sections 11.46 and 11.56; and
WHEREAS, the subject parcel ofland is presently zoned Heavy Industry (1-2) Zone; and
WHEREAS, the legal description for the subject parcel of land for which the request is
being made is:
See Exhibit I; and
WHEREAS, notice was provided and on September 3, 2009, the Board of Adjustment and
Appeals conducted a public hearing regarding this application, at which it heard from the
Community Development Director or his designee and invited members of the public to comment;
and
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT AND
APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS:
That the application for Variance is hereby APPROVED, based on the following findings with respect
to City Code Sec. 11.89, Subd. 2, "Criteria for Granting Variances."
Criterion 1
Finding 1.A. The inability to construct the proposed buildings with metal siding, which is
the industry standard for this type of structure, would make it practically
difficult for the applicant to successfully continue to operate the business in a
competitive manner.
Finding 1.B. The plight of the landowner is due to circumstances unique to the property;
there are very few if any other locations in Shako pee that would support a grain
elevator operation (river, rail and highway accessibility), which has been in use
at the present site for over 40 years.
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Finding J.C The circumstances were created by the property owner's desire to expand their
operation. Staffbelieves that this project goes beyond the scope of the property
owner, as the benefit of the proposed project is broad and has an impact on the
community and region in general.
Finding J.D. The variance would not alter the essential character of the locality. There are a
number of existing buildings that are part of this complex that are constructed
of concrete, which is not a listed permitted building material, and are presently
taller than the allowed height in this zoning district. Additionally, there are
several other businesses located in this general vicinity that utilize some of the
same materials and exceed the allowed height standards.
Finding J.E. The considerations are not economic for this request.
Criterion 2
It has been demonstrated that a variance as requested will be in keeping with the spirit and
intent of this Chapter.
Finding 2 The proposed variance would be in keeping with the spirit and intent of Chapter 11
(Zoning).
Criterion 3
The request is not for a use variance.
Finding 3 The request for a variance of the building material standards is not a use variance.
Criterion 4
Conditions to be imposed by the Board of Adjustment and Appeals will insure compliance to
protect the adjacent properties.
Finding 4 (Not applicable since no conditions are proposed)
Criterion 5
Variances in the flood plain overlay zone also shall meet the following criteria: ......
5.A. No variance shall have the effect of allowing a lower degree of flood protection
than the regulatory flood protection elevation for the particular area.
The applicant has stated that the new bins will be above the regulatory flood
protection elevation, and the metal materials will not impact flood protection
concerns.
5.B. The Board shall submit to the Commissioner of the DNR a copy of the
application for proposed variance sufficiently so that the Commissioner will
receive at least ten (10) days notice of the hearing.
The DNR was in receipt of the variance application within the noted time frame
guidelines.
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S.c. A copy of all decisions granting variances shall be forwarded to the
Commissioner of the Department of Natural Resources within ten (10) days of
such action.
The City will submit a copy of the decision on the variance within the required time
frame.
S.D. Flood insurance notice and record keeping (of increased insurance rates for
structures constructed below the base flood level).
The location of the proposed bins would be above the 100 year flood level; however,
the property owner will continue to carry flood insurance on the property.
NOW THEREFORE, BE IT FURTHER RESOL YED BY THE BOARD OF ADJUSTMENT
AND APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS:
That the application for Conditional Use Permit is hereby APPROVED, based on the following
findings with respect to City Code Sec. 11.85, Subd. 1, "Criteria for Granting Conditional Use
Permits.": and subject to the following conditions:
Finding #1 The Board finds that the use will not be injurious to the use and enjoyment of other
property in the immediate vicinity for the purposes already permitted, nor substantially
diminish and impair property values within the immediate vicinity, provided the
conditions identified in the resolution are met. There are several other businesses
located in the vicinity of this use that incorporate overheight structures and similar
building materials to that which is proposed in this application.
Finding #2 The Board finds that the establishment of the conditional use will not impede the
normal and orderly development and improvement of surrounding property for uses
allowed in the area, provided the conditions identified in the resolution are met.
Finding #3 The Board finds that adequate utilities, access roads, drainage, and other necessary
facilities exist to serve the proposed use, provided the conditions identified in the
resolution are met.
Finding #4 The Board finds that the use is consistent with the purposes of the Heavy Industry (1-2)
Zone, provided the conditions identified in the resolution are met.
Finding #5 The Boardfinds that the proposed use is consistent with the purposes of the
Comprehensive Plan, which guides the subject property for industrial use.
AGAIN, BE IT FURTHER RESOLVED BY THE BOARD OF ADJUSTMENT AND
APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS:
That the application for Conditional Use Permit is hereby APPROVED, subject to the following
conditions:
1. Development of the site shall be generally consistent with the plans depicted on the Overall Site
Plan (Sheet SPl, dated 7/14/09), Grading Plan (Sheet GPl, dated 7/14/09), and Plan View Plan
(Sheet PI, dated 6/25/09), except as noted below.
2. The proposed bin structures shall be reviewed for compliance with the city's building code
and design and performance standards of the Shakopee City Code at time of building permit
review, except that the bin structures shall be constructed of corrugated metal, consistent
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with the submitted plan (Photo I, dated 7/14/09) and not to exceed the height as identified
on the submitted elevation view (Sheet P2, dated 6/25/09).
3. Exterior lighting shall comply with Section 11.60 Subd. 10., Shakopee City Code.
4. The project shall be subject to all requirements of Section 11.60 ofthe Shakopee City Code
regarding noise and vibration, smoke and particulate matter, odor, toxic or noxious matter,
hazardous materials or waste, infectious waste, and pollutants, radiation, electromagnetic
interference, preservation of surface waters and ground water protection.
5. Landscaping shall be provided, subject to the provisions of Section 11.60 Subd. 8 of
Shakopee City Code, and shall be reviewed for compliance at the time of building permit
reVIew.
6. Any proposed signage shall comply with the City Code requirements. Sign permits will be
required for any proposed sign(s).
7. This development shall comply with the state noise rules, as mandated by the MPCA.
8. The applicant shall be responsible for compliance with conditions identified in Section 11.56
(Flood Plain Overlay Zone), Subdivision 4.D.
9. The applicant shall provide formal approvals for the proposed flood plain revision and the
proposed work within the Flood Plain Overlay Zone from the Minnesota Department of
Natural Resources (MN DNR) and the Lower Minnesota River Watershed District
(LMRWD).
10. In order to approve the conditional use permit application, the City of Shakopee will need to
revise the flood plain in the vicinity of the site to comply with the City Code. The applicant
shall provide all necessary information and shall be responsible for all costs associated with
this process.
11. The revision of the flood plain in the vicinity of the site shall be approved by the City of
Shakopee prior to the issuance of a grading permit and/or a building permit.
12. Replacement trees are required to be planted as follows:
a. Trees shall be planted a minimum of four feet from impervious surfaces.
b. Trees shall be planted a minimum often feet from property lines.
c. Trees shall not be planted in easements containing utilities.
d. Trees shall not be planted in City owned right-of-way.
e. No planted tree species shall comprise more than 30% of the total quantity oftrees to
be planted on the site.
13. Submit a landscape plan and work with the City to determine replacement locations for 18
trees. Include trees numbered 380 & 379 to be removed, totaling 52 trees removed. The
replacement requirement is one new tree for every three removed.
14. The applicant will be required to pay a financial security for the replacement trees at the
time of building permit per the City Code Chapter 11, Section 11.60, Subdivision 9.
15. The applicant shall plant tree replacement species consistent with the current Tree, Shrub,
and Bush Planting Placement Policy and Standards available at
http://www.ci.shakopee.mn. us/pages/Parks/N aturalResourceslPlantingPlacementPolicy. pdf.
16. Replacement trees are required to be at a minimum 2" balled and burlapped trees that serve
as a barrier to reduce the visibility of the grain elevators to County Rd 101.
17. Replacement trees should not be planted directly under the utility lines unless an approved
low growing tree is planted.
18. The applicant is responsible for preserving all trees indicated as saved on the plans. If, as a
result of mass grading, any of these trees are determined to be wounded sufficiently to be
considered dead or dying by the Natural Resource Specialist, the developer will be required
to replace the tree(s) according to the Woodland and Tree Management Ordinance.
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19. Tree protection fence for mass grading is to remain in place the duration of the land
disturbing activities. The applicant shall contact the Parks, Recreation and Facilities Director
prior to any land disturbing activities for an inspection ofthe tree protection/silt fence
installed at the drip line or at the perimeter of the critical root zone, whichever is greater, of
the trees to be preserved.
20. The application site is located within the Natural Resources Corridor. The applicant must
follow the Natural Resource Corridor Design Criteria for wetlands and woodlands.
21. The applicant shall provide 6 inches of topsoil below areas to be sodded. The soil
composition should be similar to the MnDOT topsoil borrow requirements.
22. The applicant provide rain sensors for any irrigation systems.
23. Erosion control silt fence may be removed following establishment of permanent vegetation.
24. The applicant shall implement the use of Best Management Practices for erosion control and
stormwater management during construction.
25. The applicant shall seed the proposed storm pond with a native wetland seed mixture and
erosion control blanket be placed four feet either side of the normal water level and around
outlets to prevent erosion and sediment deposits from discharging to downstream
waterbodies.
26. Silt fence andlor tree protection fence shall not be installed within delineated wetland.
27. The applicant shall install silt fence along the delineated wetland edge to prevent impacts to
the wetland during construction.
28. Silt fence andlor tree protection fence is to be removed following establishment of
vegetation as determined by an inspection by the Natural Resource Specialist or other City
Staff.
29. The proposed driveway and storm sewer system will be private.
30. Prior to any land disturbing activity, the applicant needs to obtain a grading permit andlor
building permit.
31. Prior to any land disturbing activity, the applicant needs to submit the appropriate Wetland
Conservation Act permits along with a wetland assessment and delineation as outlined in
Section 16.12, Subdivision 2 ofthe City Code.
32. All buffer requirements need to comply with Section 16.12, Subdivision 3 ofthe City Code.
The minimum buffer width is twenty-five (25) feet.
33. The discharge rate and treatment requirements of storm water runoff from the site need to
comply with all requirements set forth by the City Engineer.
34. The applicant needs to provide plans with the appropriate City approved standard detail
plates.
35. The applicant needs to show the old floodplain and the new floodplain on the grading,
drainage and erosion control plan.
36. The applicant needs to work with City staff to provide pre-treatment of all storm water
runoff prior to entering the adjacent wetland complex.
37. Prior to any land disturbing activity, the applicant needs to obtain a National Pollutant
Discharge Elimination System (NPDES) permit. A copy of this permit will be provided to
the engineering department.
38. Turf will be established onsite as per requirements set forth by the NPDES permit program.
39. Erosion control measures will be installed, inspected and maintained as per requirements set
forth by the NPDES permit program.
40. The applicant needs to coordinate all land disturbing activities with Scott County as they are
proposing to reconstruct the frontage road south of the property.
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41. The facility shall develop and implement an emergency action plan (29 CFR 1910.38). A
copy of this plan shall be provided to the Shakopee Fire Department.
42. Facility address shall be clearly posted. Refer to Shakopee Fire Department Policy #01-
2000 for details (MSFC 505).
43. A fire protection water supply shall be provided as required by Section 508 of the Minnesota
State Fire Code.
44. Water main and hydrant placement shall be based on Shakopee Public Utilities
requirements.
45. Fire apparatus access roads shall be provided in accordance with Minnesota State Fire Code
(MSFC 503).
46. Provide emergency vehicle access to the site during construction. Access to be approved by
the Shakopee Fire Department (MSFC 501.4).
47. The proposed gravel service road must be designed to support fire department apparatus
(MSFC 503.2).
48. A compliance inspection on the Individual Sewage Treatment System (ISTS) in accordance
with the Scott County Individual/Community Sewage Treatment System Ordinance No.4,
which states that a compliance inspection is required when a permit is applied for to building
a horizontal addition onto an existing structure, or to build an accessory structure on a lot
having an ISTS; or when any parcel of land is developed, subdivided, rezoned or split and
there is an existing ISTS on any of the parcels.
49. The property owner shall work with the Minnesota Department of Natural Resources, the
Minnesota Lower Minnesota River Watershed District, and City staff to develop a plan for
removal of abandoned grain operation structures presently located in the Minnesota River
adjacent to the Whitebox Commodities Holding Corp. property.
Adopted by the Board of Adjustment and Appeals of the City of Shakopee, Minnesota this
3rd day of September, 2009.
Chair of the Board of Adjustment
and Appeals
ATTEST:
Community Development Director
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,
.t
ApPLICATION OF WHITEBOX COMMODITIES HOLDING CORPORATION
FOR EXPANSION OF THE GRAIN ELEVATOR
LOCATED AT 3251 COUNTY ROAD 101
PROJECT NARRATIVE
The Whitebox Property is occupied by a grain elevator facility that was constructed in the
1960's. The use of the Property for grain storage and distribution has continued since that time
and remains the current use. There are presently two existing silo/elevator complexes with
several buildings and truck/rail loading areas associated with the grain elevator use. In the past,
there were barge docking and loading facilities located on the Property along the Minnesota
River; however that site function no longer exists.
Whitebox purchased the Property in 2007 and is proposing to expand the facility by constructing
three, 775,000-bushel grain bins to the east of the existing facilities. The bins will be constructed
of corrugated, galvanized steel panels. The bins are approximately 105 feet in diameter, 102 feet
above grade to the bin eave and 132 feet to the bin peak. The highest point of the bridge and
conveyor systems on top of the bins is approximately 141 feet above grade. The existing
elevator silos are 123.5 feet tall. The site currently does not contain storm sewer or a storm
water treatment facility. A pond will be constructed as part of the project to control storm water
runoff for quantity and quality Approximately 40 trees (some with multiple trunks; primarily
box elder and cottonwood) will be removed from the construction area. Seventeen replacement
trees (the Applicant is proposing a mix of Little Leaf Linden, Sugar Maple and Autumn Blase
Maple) will be planted along the south property line adjacent to the County Road 101 right-of-
way. The proposed expansion project constitutes an investment of approximately $6 million in
the Property and is expected to support the addition oftwo to three new full-time jobs.
Construction of the project is planned to begin in spring of2010 and be completed sometime in
late summer of201O.
The vast majority of the 61.43-acre Property is undeveloped and is located in both the Floodplain
and Shoreland Overlay Zones. The existing facilities, located in the southwest comer of the
Property along County Road 101, are not in the floodplain or shoreland and are protected by a
berm. In order to expand the facility, itwill be necessary to add fill to the area east of the
existing silos where the new bins are to be constructed to raise it above the 100-year flood
elevation. FEMA has issued a Conditional Letter of Map Revision based on Fill (CLOMR-F)
indicating that the fill proposal meets the criteria for removal of the expansion area from the 100-
year floodplain upon completion of the project as proposed. Because the boundary for the
Shoreland Overlay Zone on the Property is the same as the boundary for the Floodplain Overlay,
the effect of the fill project and FEMA's subsequent removal of the expansion area from the
floodplain will be to remove the expansion area from both overlay zones.
In April 2009, the City Council concurred with the recommendation of the Planning Commission
and approved Whitebox's application to rezone the Property from the Major Recreation (MR)
Zone to the Heavy Industry (1-2) Zone. The existing grain elevator facility was a nonconforming
use in the MR Zone and the proposed expansion would not have been permissible under MR
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zoning. A grain elevator is a conditional use in the 1-2 Zone. The following zoning applications
are required for the project:
. Conditional Use Permit to allow placement offill in the floodplain,
. Conditional Use Permit for a grain elevator,
. Conditional Use Permit for height to exceed 45 feet in the 1-2 Zone, and
. Variance to allow corrugated metal as an exterior building material.
SPECIFIC STANDARDS FOR THE REQUESTED CONDITIONAL USE PERMITS
In addition to the general criteria for granting conditional use permits set forth in Section 11.85
of the Zoning Code (discussed below), the project must also comply with the following specific
standards for the requested conditional use permits set forth in Section 11.88, Subd. 2.
Standards for Floodway Area Placement of Fill in the
The placement of fill in a floodway area:
1. shall not cause any increase in the stage of a lOa-year or regional flood or cause an
increase in flood damages in the reach or reaches affected;
2. shall not include spoil from dredging, or sand and gravel mining operations, unless a
long-term site development plan is submitted which includes an erosion and
sedimentation prevention element; and
3. shall be protected from erosion by vegetative cover, mulching, rip rap, or other
acceptable method.
A floodplain analysis performed by Wenck Associates, Inc. of the pre- and post-development
conditions on the Property shows that the proposed grading and filling will not cause any
increase in the lOa-year flood elevations in the vicinity of the Property. The applicant does not
propose to use spoil from dredging or mining operations as a fill material; nevertheless, the
development plan includes a preliminary erosion and sedimentation prevention plan and the
project be constructed in accordance with the required NPDES permit and a storm water
pollution prevention plan to be prepared by Sathre-Berquist, Inc. and approved by the City. The
erosion control plan includes the use of silt fencing, erosion control blankets, mulch and
permanent re-vegetation of the land area to be disturbed during project construction.
Standards for a Grain Elevator
Grain elevators:
1. shall have all loading spaces located at least 300 feet from any residential zone; and
2. shall provide a safety plan satisfactory to the Fire Chief to be followed in the event of fire
or explosion.
The Property is located well over 300 feet from any residential zone. The applicant will provide
a safety plan and take other fire safety measures as required by the Fire Chief.
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Standards for Structures Over the 45-foot Height Limit in the Industry Zone
Structures over the specified height:
1. shall submit a map showing shading patterns created by the over height structure; and
2. shall be set back from each property line a distance equal to half the structure height.
The new bins will be located near the south property line. As can be determined by looking at
the aerial photo of the Property, all shadows from the new bins will fall within the boundaries of
the Property. The bins will be set back over 100 feet from the closest property line, which is
more than half of their height.
CONDITIONAL USE PERMIT- ApPLICANT'S STATEMENT OF COMPLIANCE WITH CRITERIA
The Project meets the criteria required for the granting of conditional use permits per City Code
Section 11.85, Subd. 1 and Subd. 13.
Section 11.85, Subd. 1 , General Criteria for Granting Conditional Use Permits.
Criterion #1 The use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes already permitted, nor substantially
diminish and impair property values within the immediate vicinity.
Valleyfair is located to the east of the Property and is zoned Major Recreation.
An extensive vacant and undevelopable area of the Property lies between the
existing and proposed grain elevator facilities and the amusement park, fully
buffering the two uses. The Landing Heritage Park is located to the west of the
Property and is also zoned Major Recreation. The park activity areas are distant
from the Whitebox Property and the new bins will be buffered from the park by
the existing elevators and a parking lot. The Property is bordered on the south
side by the wide right-of-way for County Road 101. A large area of land south of
the highway is designated for Industrial use and is primarily zoned 1-2. The
closest use south of the Property is the large, CertainTeed Corporation roofing
materials plant property. The addition of grain bins to the existing elevator
facility will not be injurious to the use and enjoyment of surrounding industrial
and recreational properties, nor impair property values. The project will increase
the value of the Whitebox Property.
Criterion #2 The establishment of the conditional use will not impede the normal and
orderly development and improvement of surrounding vacant property for
uses allowed in the area.
The surrounding vacant land that is owned by Whitebox is largely undevelopable
because it contains wetlands and is in the Minnesota River floodplain. To the extent
that Valleyfair has vacant developable land, the expansion project will not impede
the expansion of the amusement park. The vacant land to the west of the Property is
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an historic museum park; adding bin capacity on the Property will not impede park
improvements. An expanded grain elevator facility will not impede the normal and
orderly development of vacant industrial land across County Road 101.
Criterion #3 Adequate utilities, access roads, drainage, and other necessary facilities have
been or will be provided.
Grain will continue to be shipped to and from the site primarily by rail. The site
currently receives approximately five trucks per week, with access to the Property
from a frontage road via County Road 101. The expansion of the grain elevator will
likely result in a slight increase in truck traffic to the site, but the increase will be
insignificant compared to existingtraffic volumes on the highway. No change is
needed or proposed for access.
The parking for this site is not striped. The trucks using this site park in the gravel
area while waiting to unload. No changes to the existing loading area are proposed.
The office building on the site is served by well water and a septic system. No
change in the sanitary or water service is proposed.
The site currently does not contain storm sewer or a storm water treatment facility.
As part of the project, a storm water treatment pond will be constructed north of the
new bins. The pond will be constructed in accordance with the best practices
recommended by the National Urban Runoff Program. The new pond will improve
the control the storm water runoff for quantity and quality. Appropriate measures
will be taken during project construction for erosion control.
The project will not impact the wetlands on the Property and will not increase the
flood elevation or the risk of flood damage.
Criterion #4 The use is consistent with the purposes of the zone in which the applicant
intends to locate the proposed use.
The purpose of the 1-2 Heavy Industry Zone is to "provide an area for industrial uses
in locations remote from residential uses and in which urban services and adequate
transportation exist." The Property is remote from residential uses. It has safe and
convenient access to the existing rail and highway systems which are more than
adequate to accommodate the increase in traffic that will result from the expansion.
The height of the storage bins and associated conveyor systems for industrial grain
elevators typically exceed 45-feet in height, so by designating grain elevators as a
conditional use in the 1-2 Zone, the City has anticipated that the height of those
structures is consistent with the purposes of that Zone where the other criteria for
conditional uses are met.
The Property is also currently located in the Floodplain Overlay Zone. The purpose
of the regulations of the Floodplain Overlay Zone is to promote the public health,
4
safety and general welfare and to minimize losses due to flooding. The regulations
of the Floodplain Overlay Zone allow for placement offill as a conditional use
where it meets the criteria and, in particular, will not cause an increase in flood
elevation or the risk of flood damage. The proposed placement of fill for the
expansion project meets those criteria. Upon the completion of the project and
submission of evidence to FEMA that the project has been completed as proposed,
FEMA will issue a Letter of Map Revision based on fill (LOMR-F) and revise its
Flood Boundary and Floodway Map for the City of Shakopee to remove the
expansion area from the 100-year floodplain. Because the boundaries of the City's
Floodplain Overlay District are intended to be the same as the boundary of the 100-
year flood elevation in the FEMA map, it is the Applicant's understanding based on
discussions with City and DNR staff that, upon issuance of the LOMR-F, the
expansion area should no longer be within the Floodplain Overlay Zone. Similarly,
because the boundary of the Shoreland Overlay Zone is the same in this area along
the river as the boundary of the Floodplain Overlay Zone, the expansion area will
also be removed from the Shore land Overlay Zone once it is no longer designated by
FEMA to be within the 100-year floodplain.
Criterion #5 The use is not in conflict with the Comprehensive Plan.
The City Council recently rezoned the Property from MR to 1-2 so that the zoning
of the Property would be consistent with the Comprehensive Plan, which guides
the Property for industrial use, and so the property owner could make
improvements and additions to ensure that the site is a viable industrial site for the
future. The proposed expansion of the grain elevator facility is consistent with the
Comprehensive Plan.
Section 11.85, Subd. 13, Svecial Provisions in the Floodplain Overlay Zone.
The project also meets the following additional criteria that apply to conditional uses in the
Floodplain Overlay Zone.
Criterion #1 The danger to life and property due to increased flood heights or velocities
caused by encroachments.
The floodplain analysis shows that the project will not cause an increase in flood
heights. No increase in flood velocity is likely because the size of the
encroachment of the fill area is insignificant relative to the overall width of the
floodplain area in this location.
Criterion #2 The danger that materials may be swept onto other lands or downstream to
the injury of others or that they may block bridges, culverts or other
hydraulic structures.
5
The new bins and associated equipment will be elevated above the floodplain, so
that there is no increased danger that materials may be swept off the Property by
flood waters.
Criterion #3 The proposed water and sewer systems, and the ability of these systems to
prevent disease, contamination, and unsanitary conditions.
The existing well water and septic systems that serve the Property are not located
in the floodplain. No changes are proposed to these systems. The project will not
impair the ability of these systems to prevent disease, contamination, and
unsanitary conditions.
Criterion #4 The susceptibility of the proposed use, any structures, and their contents to
flood damage, and the effect of such damage on the individual owner.
The expansion area and the new bins will be elevated above and removed from
the floodplain, so the risk of flood damage is low.
Criterion #5 The importance to the City of the services provided by the proposed use.
The Whitebox grain elevators provide storage for grain used by Rahr Malting, an
important business property oWner and employer in Shakopee. The addition of
additional grain storage will benefit Rahr Malting operations, as well as
increasing the tax base in Shakopee.
Criterion #6 The need for a waterfront location.
The existing grain elevator was located near the river in the 1960's in order to
utilize barge transportation. Although grain is no longer transported to and from
the elevator complex by barge, the new bins must be located adjacent to the
existing grain elevator facility.
Criterion #7 The availability of alternative locations not subject to flooding for the
proposed use.
There is no other location for expansion of the existing facilities; however, once
the expansion area has been filled and removed from the floodplain, there will be
less than a 1 % chance of flooding.
Criterion #8 The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future.
The new bins will be entirely compatible with the existing development on the
Property and, as discussed above regarding the general criteria for a conditional
use permit, the expansion is compatible with the surrounding uses. No other
6
development north of the highway is anticipated and the expansion of the grain
elevator will not impede development on the industrial land south of the highway.
Criterion #9 The relationship of the proposed use to the comprehensive plan and
floodplain management program for the area.
As discussed above, the expansion of the grain elevator is consistent with the
industrial designation of the Property in the Comprehensive Plan. The project
will not cause an increase in flood elevations. Because the result of the fill and
expansion project will be removal of the expansion area from the floodplain, the
project will not increase the risk of flood damage or otherwise interfere with the
floodplain management program for the area.
Criterion #10 The safety of access to the property in times of flood for emergency and other
vehicles.
Emergency and other vehicles will continue to access the Property, including the
expansion area, from County Road 101 and the frontage road. The expansion
project will not impact the existing access routes to the Property or their safety in
times of flood.
Criterion #11 The expected heights, velocity, duration, rate of rise, and sediment transport
of the flood waters expected at the site.
The hydraulic analysis performed by Wenck Associates, Inc. indicates no change
in expected flood height, velocity, duration, rate of rise, and sediment transport.
Criterion #12 Other factors relevant to the purposes of this Chapter.
A conditional use permit for fill in the Floodplain Overlay Zone is required in
order to construct the project; however, upon completion of the project as
proposed, FEMA will remove the area from the floodplain and it will no longer be
subject to the regulations of the Floodplain Overlay Zone regulations.
V ARlANCE FINDINGS- ApPLICANT'S STATEMENT OF COMPLIANCE WITH CRITERIA
The use of galvanized, corrugated steel as an exterior building material for the new bins meets the
criteria for a variance per Section 11.89, Subd. 2.
Criterion #1 The strict enforcement of the ordinance provisions would cause undue
hardship because of circumstances unique to the individual property under
consideration. Undue hardship means the following:
1.A. The property in question cannot be put to a reasonable use if used
under conditions allowed by the official controls;
7
The addition of grain storage to expand the existing use of the Property is reasonable
and enhances the utilization and value oftms largely undevelopable site. There is no
feasible building material for large grain bins other than metal. Although concrete
(which also is not allowed as a building material without a variance) may be used for
elevator work houses or other smaller elevator structures, use of concrete for the
amount of storage area proposed is cost prohibitive. Modem grain bins are not
constructed of the materials permitted under the ordinance.
1.B. The plight of the landowner is due to circumstances unique to the
property;
The longstanding use of the Property for industrial grain storage is unique in the City
of Shakopee. Current industry standards for construction of large grain storage bins
dictate the use of steel as the only practical building materiaL
l.e. The circumstances were not created by the landowner;
The use of the Property for grain storage has occurred since it was developed in the
1960's, long before it was purchased by Whitebox. The metal materials currently
used for grain storage bins is a standard practice of the industry that was not created
by the landowner.
1.D. The variance, if granted, will not alter the essential character of the
locality;,and
The use of metal building materials for the new grain bins will not alter the essential
character of the locality. The bins will be in character with the agri-business nature
of the existing facilities on the Property and compatible with the industrial uses
across the highway, including the CertainTeed roofing plant which has some metal
buildings. The grain bins will not impact the character of the neighboring uses north
of the highway because of the distance between the elevator and active use areas of
the amusement park and heritage park. Although outside Shakopee city limits, there
are similar metal grain bins located adjacent to County Road 101 to the east of the
Property.
1.E. The problems extend beyond economic considerations. Economic
considerations do not constitute an undue hardship if reasonable use for the
property exists under the terms of the ordinance.
Economic considerations alone are not the basis for the requested variance. There is
no reasonable or practical alternative to the use of metal building materials for
industrial grain storage bins.
Criterion #2 It has been demonstrated that a variance as requested will be in keeping with
the spirit and intent of this Chapter.
8
The purpose of the performance standards in the Code are to ensure a compatible
relationship of uses and to limit activities with a high potential for pollution or
nuisance. Building material standards are intended to promote use of attractive and
durable finishes and architecture that will maintain and enhance the property values
of neighboring properties and not adversely impact the public health, safety or
welfare. The proposed metal grain bins are compatible with the existing and
neighboring uses and pose no concerns related to pollution, nuisance or adverse
impacts on the public health, safety or welfare. The metal bins will be durable and
architecturally appropriate for their function. The addition of modem, large-capacity
grain bins will significantly enhance the value of the Property. Because of the
unique function of the bins and the fact that metal construction is the only practical
option, a variance to allow metal construction for these structures will not create
precedent for the use of metal building materials for other types of structures. It is in
keeping with the spirit and intent of the zoning code to grant variances to
accommodate the unique construction needs of a particular use.
Criterion # 3 The request is not for a use variance.
The request for a variance of building materials is not a use variance.
Criterion #4 Conditions to be imposed by the Board of Adjustment and Appeals will insure
compliance to protect the adjacent properties.
The Applicant is not aware of any conditions on the use of metal building materials
for the new bins that would be necessary to protect adjacent properties.
Criterion #5 Variances in the flood plain overlay zone also shall meet the following criteria:
5.A. No variance shall have the effect of allowing a lower degree of flood
protection than the regulatory flood protection elevation for the particular
area.
The new bins will be above the regulatory flood protection elevation. The use of
metal building materials will not impact the flood protection concerns.
5.B. The board shall submit to the Commissioner of the DNR a copy of the
application for proposed variance sufficiently in advance so that the
Commissioner will receive at least ten (10) days notice of the hearing.
This notice condition is to be met by the City.
S.C. A copy of all decisions granting variances shall be forwarded to the
Commissioner of the Department of Natural Resources within ten (10) days of
such action.
This notice condition is to be met by the City.
9
S.D. Flood insurance notice and record keeping [of increased insurance rates
for structures constructed below the base flood level].
This requirement is not applicable because the new bins will be constructed above
the. 1 DO-year flood level. However, the Owner does carry flood insurance on the
Property .
fb.us.4172952.03
10
Federal Emergency Management Agency
Washington, D.C. 20472
March 12,2009
THE HONORABLE JOHN SCHMITT CASE NO.: 09-05-1705C
MAYOR, CITY OFSHAKOPEE COMMUNITY: CITY OF SHAKOPEE, SCOTT
129 SOUTH HOLMES STREET COUNTY, MINNESOTA
SHAKOPEE, MN 55379 COMMUNITY NO.: 270434
DEAR MR. SCHMITT:
This is in reference to a request that the Federal Emergency Management Agency (FEMA) determine
if the property described in the enclosed document is located within an identified Special Flood
Hazard Area, the area that would be inundated by the flood having a I-percent chance of being equaled
or exceeded in any given year (base flood), on the effective National Flood Insurance Program (NFlP)
map. Using the iIlformation submitted and the effective NFlP map, our determination is shown on the
attached Conditional Letter of Map Revision based on Fill (CLOMR-F) Comment Document This
comment document provides additional information regarding the effective NFlP map, the legal
description of the property and our comments regarding this proposed project.
Additional documeJ1ts are enclosed which provide information regarding the subject property and
CLOMR-Fs. Please see the List of Enclosures below to determine which documents are enclosed.
Other attachments specific to this req uest may be included as referenced in the
Determination/Comment document. If YOll have any questions about this letter or any of the
enclosures, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA
MAP) Of by letter addressed to the Federal Emergency Management Agency, 3601 Eisenhower
Avenue, Suite 130, Alexandria, VA 22304-6439.
Sincerely,
W~ 1f'M..z;. Il-
WiIliam.R. Blanton Jr.,CFM, Chief
Engineering Management Branch
Mitigation Directorate
LIST OF ENCLOSURES:
CLOMR-F COMMENT DOCUMENT
cc: Mr. Todd Shoemaker
Page 1 of 3 IDate: March 12,2009 ICase No.: 09-OS-1705C! CLOMR.F
.~~.~t; Federal Emergency Manag.ement Agency
t~ Washington, D.C. 20472
~IND s~q;;
CONDITIONAL LETTER OF MAP REVISION BASED ON FILL
COMMENT DOCUMENT
COMMUNITY AND MAP PANEL INFORMATION LEGAL PROPERTY DESCRIPTION
CITY OF SHAKO PEE, SCOTT A portion of GovernmentLots 2 and 3, Section 4, Township 115
COUNTY, MINNESOTA North, Range 22 West, as described inthe Limited Warranty Deed
recorded as Document No. T182250, in Volume 136, Page 233, in
COMMUNITY the Office of the Registrar of Titles, Scott County, Minnesota.
. The portion of property ;s more particularly described by the following
COMMUNITY NO.: 270434 metes and bounds: .
NUMBER: 2704340002C
AFFECTED
MAP PANEL .
DATE: 9/29/1976
FLOODfNGSOURCE: MINNESOTA RIVER APPROXIMATE LATITUDE & LONGITUDE OF PROPERTY: 44.802, -93.472
SOURCE OF LA T & LONG: PRECISION MAPPING STREETS 7.0 DATUM:NAD 83
COMMENT TABLE REGARDING THE PROPOSED PROPERTY (PLEASE NOTE THAT THIS 18 NOT A FINAL OETERMINATION.AFINAl DETERMINATION WilL BE
MADE UPON RECEIPT OF AS-BUILT INFORMATION REGARDING THlS PROPERTY.)
OUTCOME 1 % ANNUAL LOWEST LOWEST
WHAT WOULD CHANCE ADJACENT LOT
LOT BLOCK! SUBDIVISION STREET BE REMOVED FLOOD FLOOD GRADE ELEVATION
SECTION FROM THE SFHA ZONE ELEVATJON ELEVATION (NGVD 29)
(NGVD 29) (NGVD 29)
-- - .- 3251 County Road Portion of B 721.3 feet .- 721.6 feel
101 East Property
Special Flood Hazard Area (SFHA) - The SFHA is an area that would be inundated by the flood having a i-percent chance of being
equaled or exceeded in anvqiven year (base flood).
ADDITIONAL CONSIDERATIONS (Please refer to the appropriate section on Allachment 1 for the additional considerations listed below.)
LEGAL PROPERTY DESCRIPTION STUOY UNDERWAY
PORTIONS REMAIN IN THE FLOODWAY STATE LOCAL CONSIDERATIONS
CONDITIONAL LOMR.F DETERMINATION
This document! provides the Federal Emergency Management Agency's comment regarding a request for a Condilional Letter of Map Revision
based on Fill for the properly described above. USing the information submitted and the effective National Flood lnsurance Program (NFIP)
map, we have determined that the proposed described portion(5} of the property{ies} would not be localed in the SFHA, an area inundated by
the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood) if built as proposed. Our final determination
will be made upon receipt of a copy of this document, as-buill elevations, and a completed Communily Acknowledgement form. Proper
completion of this form certifies the subject property is reasonably safe from flooding in accordance with Part 65.5(a}(4} of our regUlations.
Further guidance on determining if the subjecl property is reasonably safe from flooding may be found in FEMA Technical Bulletin 10-01. A
copy of this bulletin can be obtained by calling the FEMA Map Assistance Center to.1I free at (877) 336-2627 (877-FEMA MAP) or from our web
site at htlp:l!www;fema.90vlmitltb1001.pdf.This document is not a final determination; it only prOVides our comment on the proposed project in
relation to the SFHAshown on the effective NFIP map.
This comment document is based on the flood dala presently available, The enclosed documents prOVide additional information regarding this
request. If you have any questions about this document, please contact the FEMA Map AssislanceCenter toll free at (S77) 336-2627 (877-FEMA
MAP) orby letter addressed. to the Federal Emergency Management Agency, 3601 Eisenhower Avenue, Suite 130. Alexandria. VA 22304,6439.
W~ It' ~ I}-
William R. Blanton Jr.,CFM, Chiel
Engineering Management Branch
Mitigation Directorate
Page 2 of 3 I I Date: March 12,2009 lease No.: 09-05.1105C I CLOMR,F
.
~~.t' Federal Emergency Management Agency
~~.
--;:,. -~"t:: Washington, D.C. 20472
%<> . i;
"11m ~~~
CONDITIONAL LETTER OF MAP REVISION BASED ON FILL
COMMENT DOCUMENT
ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS)
LEGAL PROPERTY DESCRIPTION (CONTINUED)
COMMENCINGatthe intersection of a line drawn 2000.00 feet East ofand parallel with the West line of
Government Lot 3 and the North right of way of Trunk Highway No. 101; thenceN01028'15"W. 100.87 feet;
thence N69C>38'09"W, 161.61 feet to the POINT OF BEGINNING; thence N69038'09"W, 395.95 feet; thence
N20024'23"E, 74.93 feet; thence N3705S'21"E, 82.04 feet: thence 60.36 feet along a curve to the right having a
radius of 30.00 feet; thence 44.86 feet along a curve to the left having a radius of60.00 feet; thence
S69038'09"E, 185.40 feet; thence 150.87 feet along a curve to the right having a radius of 96 00 feet; thence
S20"24'23"W, 54.03 feet to the POINT OF BEGINNING.
PORTIONS OF THE PROPERTY RErvTAININ THE FLOODWAY (This Additional Consideration applies to
the preceding 1 Property.)
A portion of this property is located within the Special Flood Hazard Area and the National Flood Insurance
Program (NFIP) regulatory floodway for the flooding source indicated on the Determination/CommentDocument
while the subject of this determination is not. The NFIP regulatory floodwayis the area that must remain
unobstructed in order to prevent unacceptable increases in base floodetevations. Therefore. no construction
may take place in an NFIP regulatory floodway that may cause an increase in the base flood elevation, and any
future construction or substantial improvement on the property remains subject to Federal, State/Commonwealth,
and local regulations for floodplain management. The NFIP regulatoryfloodway is provided to the community as
a tool to regulate floodplain development. Modifications to the NFIP regulatory floodway must be accepted by
both the Federal Emergency Management Agency (FEMA) and the community involved. Appropriate community
actions are defined in Paragraph 60.3{d} of the NFIP regulations. Any proposed revision to the NFIP regulatory
floodway ITlust be submitted to FEMA by community officials. The community Should contact either the Regional
Director (for those communities in Regions I-IV, andVl-X). or the Regional Engineer (for those communities in
Region V) for guidance on the data which must be submitted for a revision to the NFIP regulatory floodway.
Contact information for each regional office can be obtained by callingtheFEMA Map Assistance Center toUfree
at (877). 336-2627 (877 -FEMA MAP) or from. our web siteathltp://www. fema.gov/aboutlregoff. htm,
.
This attachment provides additional information regarding this request. If you have any questions about this attachment. please contact the
FEMA Map Assistance Center toll rree at (877)336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management
Agency, 3601. Eisenhower Avenue, Suite 130, Alexandria, VA 22304-6439.
W~I(~ I)-
William R. Blanton Jr., CFM, Chief
Engineering Management Branch
Mitigation Directorate
Page 3 of 3 I I Date; March 12, 2009 Tease No.: 09-05-1705C T CLOMR-F
.
~~<t, Federal Emergency Management Agency
;'~~9.
~lIf Washington, D.C. 20472
.~~ . vOl
'(1"0 $<"
CONDITIONAL LETTER OF MAP REVISION BASED ON FILL
COMMENT DOCUMENT
ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS)
CONDITIONAL LOMR*F DETERMINATION (This Additional Consideration applies to the
preceding 1 Property.)
Comments regarding this conditional request are based on the flood data presently available. Our final
determination will be made upon receipt of this Comment Document. certified as;.built elevations and/or certified
as-built survey. Since this request is for a Conditional Letter of Map Revision based on Fill, we will also require
the applicable processing fee, and the "Community Acknowledgement" form. Please note that additional items
may be required before a finalas__built determination is issued.
This letter does not relieve Federal agencies of the need to comply with Executive Order 11988 on Floodplain
Management in carrying out their responsibilities and providing Federally undertaken, financed, or assisted
construction and improvements, or in their regulating or licensing activities.
STUDY UNDERWAY (This Additional Consideration applies to all properties in the CLOMR-F
COMMENT DOCUMENT)
This determination is based on the flood data presently available. However, the Federal Emergency
Management Agency is currently revising the National Flood Insurance Program (NFIP) map for the community.
New flood data could be generated that may affect this property. When the new NFIP map is issued It will
supersede this determination. The Federal requirement for the purchase of flood insurance will then be based on
the newly revised NFIP map.
.
STATE AND LOCAL CONSIDERATIONS (This Additional Consideration applies to all properties in the
CLOMR*F COMMENT DOCUMENT)
Please note that this document does not override or supersede any State of local procedural or substantive
provisions which may apply to floodplain management requirements associated with amendments to State or
local floodplain zoning ordinances, maps, or State or local procedures adopted under the National Flood
Insurance Program.
This attachment provides additional informalion regarding this request. If you have any questions about this attachment. please contact the
FE:MA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management
Agency, 3601 Eisenhower Avenue, Suite 130. Alexandria. VA 22304-6439.
U/~ I( &Lz; I}- .
WilliamR. Blanton Jr., CFM, Chief
Engineering Management Branch
Miligalion Directorate
Wenck Associates, Inc.
1800 Pioneer Creek Clr.
P.O. Box 249
Maple Plain, MN 55359.0249
Engineers. Scientists (763) 479.4200
Fax (l63) 479.4242
E.mail: wenckmp@wel1ck.cOlll
April 24, 2009
Mr. John Stich
Riverland Ag
3033 Excelsior Boulevard, Suite 320
Minneapolis, MN 55416
SUBJECT: Floodplain analysis for 3251 County Road 101 E, Shakopee, MN
Dear Mr. Stich:
Per City of Shakopee requirements, Wenck Associates (Wenck) has completed a pre-
and post-development floodplain analysis for your property in Shakopee. The analysis
shows that the proposed grading will not change the existing Minnesota River flood
elevations.
Guidelines or standards were not provided by the City to conduct the analysis.
Therefore, we followed FEMA guidelines and evaluated four hydraulic computer
models for the analysis. The name and purpose of each model is listed in Table 1.
Table 1. Hydraulic model names and purpose used to evaluate Lower Minnesota River floodplain
as a result of the proposed proiect at 3251 County Road 101 E in Shakopee.
Model Name Purpose
Current Existing Model Original Lower Minnesota River HEC-RAS computer
model obtained from the Army Corps of Engineers St.
Paul' District.
Duplicate Existing Model The Current Existing Model executed at Wenck to
ensure results from the two models correspond.
Existing Conditions Model The Duplicate Existing Model updated to reflect existing
topography on the subject property.
Proposed Conditions Model The Existing Conditions Model updated with the
proposed topography on the subject property.
The subject property is located between cross-sections 55 and 56 on Plate 7 of the
figure "Flood Plain Areas of the Lower Minnesota River." For the Existing and
Proposed Conditions Models, Wenck created'two new cross-sections (55.42 and 55.52)
between cross-sections 55 and 56. The subject property is located at cross-section
Mr. John Stich
April 24, 2009
55.52 and extends for approximately 360 feet. The alignment of cross-section 55.52 is
shown on the attached figures.
In the Existing Model, the two new cross-sections have the same geometry and
represent the existing topography using the best available information - the 10-foot
USGS topographic map and the 2-foot topographic survey for the site. In the Proposed
Model, cross-section 55.52 has been updated with the proposed topography.
The results ofthe analysis are summarized in Table 2. The table lists the predicted 100-
year flood elevations rounded to the nearest tenth-foot for each hydraulic model.
Elevations for cross-sections 55.52 and 55.42 are noted as "NA" in the Current and
Duplicate models since these were created only for the Existing and Proposed models.
The model results indicate no increase in the 1 DO-year flood elevations in the vicinity of
the 3251 County Road 101 property.
Table 2. Predicted 100-year flood elevatIOns for the 3251 County Road 101 site in Shakopee.
Cross-Section Current Duplicate Existing Proposed
Existing Existing Conditions Conditions
56.00 720.1 720.1 720.1 720.1
55.52 NA NA 720.1 720.1
55.42 NA NA 720.1 720.1
55.00 720.0 720.0 720.0 720.0
Electronic copies of the four models are included on the attached CD. I suggest that
you submit this letter and the attached CD to the City of Shakopee for review during the
CUP process. If you have any questions or would like more information regarding the
analysis, feel free to call me at 763-479-4246.
Sincerely,
~/ W^-
.:e; .
Todd Shoemaker, P.E., C.F.M.
Water Resources Engineer
Cc: Carol Lansing, Faegre & Benson, LLP.
Attachments
REVISIONS
OrigInal Survey dated DBP
12/13106
I "__"",_ 00'
Title Commitment 01/11/07
I I Prelimina,." Site Plan DBP
11/18/08
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CHECKED
DLS
DATE
2-25-09
' ",. GONmno' Q",Nn" =
PI..tLst ="M=~N' ~., "00' , M~
"..., G..... .... ".e. ....oo" '_. .. ""." . "00 , , ~~.
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SHEET
RESTORAllON AND EROSION CON1ROL NOTES: . , 1.._ I V I REVISIONS BY
~ ConstruclionUmils 1. CONSERVE AS MUCH ExISllNG IlEGETAllON />S POSSIBLE ON SHE. REVISED GRADES FOR DtS
PROPOSED BINS 3-09-09
2. lliE DEIlELOPMENT SHAll. BE PHASED AS MUCH AS POSSIBLE i CUP AND VARIANCE DtS
TO UMIT lHE SIlt TO EROSION. APPUCAltON 7-14-09
i
I 6" min. depth of 1". 3" 3. A lEMPORARY SEDIMENT lRAP SHAll. BE CONSlRUCTED AT lliE LOCA liONS
'M-IERE WAlER LEA\'ES lliE Silt. lliE SEDIMENT lRAP SHAll. BE CONSlRUClED
ClUShed rock. or slash wood NEAR lliE BEGINNING OF lliE CONSlRUCllON AND CLEANED NEAR lliE END OF
"'"- mulch {alternate) MNDOT CONSlRUClION. lliE STORMWA lER POND SHALL BE lliE GRADED PRIOR TO ANY
srr Specification 3882, TlJ1l6 5 OlliER WORD ON lliE sm:.
i
+. 1HE ROCK ENlRANCE PAD MAY NEED TO BE INSTAlLED MORE THAN ONCE.
5. SOIl PREPARA liON IS NECESSARY IMMEDIA lEL Y PRIOR TO THE PLACEMENT OF i
,
THE WOOO FlBER BLANKET TO INSURE THE BLANKETS MAKE l00ll CONTACT \\llli lliE ,
SOIL
Remove backed sediments from paved P.I.D.# 279040070 i
surfaces wilhing 24 hours of deposition pid\ 6. EROSION CONlROl BLANKETS AND 6' STRAW WADDlES(SIOROUS) SHALL BE
up or vacuum sweeper requil9tI INSTALLED IN DRAINAGE SWAlES AS SHOIIN ON THIS PLAN OR />S D1REC'IED BY ,
Rock Construction Entrance ENGINEER ON SITE. WOOO FlBER BLANKET SHAll. BE MNDOT CAT 3. TYPE 2S. I
7. RESTORE All. AREAS 'lliAT ARE NOT TO BE PAVED \ll'lli 6" TOPSOIL -~t~-" !
NOT TO SCALE SEED All. D1SlUBRBED AREAS IIITH MNDOT MIXlURE NO. 50B AT A RAlt Of' 100 '~~"'"~ \
8.
UlS/ACRE AND FERlJUZE IIITH A 20-10-10 AT 100 UlS./ACRE.MULCH \\lTH TYPE 1 ~110"'-"""'"
AT A RATE OF 2 TONS/ACRE AND DISC ANCHOR IMI/EDIATaY. .__":'-'-f' \ i
SffDfNG UIX11 'Rt~: 0
All. ARE/>S: MNDOT MIXlURE 250. AFl!R OCTOOER 1. USE MNDOT SEED MIX 1308. ! () 0
0
CD
9. I/AINTAlN All. SILT FENCE UNlIL lURf IS ESTABUSHED. Z ID
I ro-
10. ALL GRADING AND EROSION CONlROl SHALL BE DONE IN ACCOROANCE \\lTH , i _<I'
Section View 1HE NPOES PERMIT AND 'lliE APPRO~D STORIA WA ltR POLLUlION PREIIENlJON /0" I \ I ~('I
PLAN PREPARED BY SATHRE-BERGQUIST. - I I l-~
-1
. Wire mesll reklforcemerrt. 11. TOTAL SIlt AREA - 61.4 ACRES I V <.,... \\ I (j) C;;
Propex 'Silt Stop. Fabric or aqual geo16Jdile AREA OISlURBED - 2.0 ACRES '"
---. ~ fabric. overtap fabric 6" and fasten at 2' TOTAl. CUT - 1.200 CU. YDS , \ \ i -It:>
IMPORT - 6.800 CU "IDS \ ::::>~
wire mesh sttd support intervals to post EXPORT - 5.600 CU. "IDS. I
posts with rings or \l,re . \ a~_
ties. Fabric anchorage french. - bacW~1 trench ,
with Iamp<ldsoil, 12- flOOD FRINGE ElEVAlION - 723.0 (ENlJRE PROJECT IS IN FlOOO FRINGE)
oI-~ 13. CONSlRUCllON SCHEDULE I (9;::
.~ START DAlE: I/ARCH 31. 2010 .~ ! a::~
COIIPl.E1lON DA'IE: AUGUST 31. 2010 1
..,~-.., W~
1+. GRA IIEL BERIltCE ROAD SECllON -
12.0" GRAIIEL BASE CL 5 PLACED ON SUBGRADE APPROVED BY a._ I CO~
Tamped soU. SOILS ENGINEER (
'J \; " f i I :!.:
I """'" 15. STORAGE BIN ElEVAlION DATA W~
N...: Su~rtpo&t UndisitJl'bGd subgrada. BOTTClI.I Of' fOOllNG 721.00
TOP OF fOOliNG 722.00 'rp a::~
SLAB El.EVAl1ON 723.00 ""'k,'
and10rnge ~lh T x 2" wood or stasI lance posts ~ 5' minimum TOP OF RAIL +-721 \1 "', :r: aJ
undisturbadsoil. lao.glh aM 4' on center maximum spacing. CONIlEYOR 72+.00 J:
GRAIN STORAGE ElEVAlION 731.00 l-!;
Silt Fence Detail GRADE OUtsiDE BUILDING 721.00 1
.';.;,; <cSl
NOT TO SCALE 16. Reotoratlcn - All 0101'.0 3: lor_tor tiwl lead 10 the W.tlond. Must ha.... ..
temporary eroslon protection or ptlt'manent J>t'otectlon within 3 days of grading ! \ . (j)~
eomplatlon for that area. All other slopes that lead to the Wetland mUst be
.tClbnlted wlU\ln 7 days. Temporary/permanMt stClbUlzatlon (Seeding and Mulc:hlng) ~, I
- Tcnporary a&eding is not anticipated for- thls project b6Cause the site gradinQ Is
projoeted to take I... than +5 da)'ll. All disturbed pervlou. ar... wUI b. r..tared ~~~' .~
~:"\_..... S'<!t~
with +" to 6" of topsoU. Tho restoration sholl bogin within 72 hours of tho grading ""-
completion. The MAd mb: .holt be UNDot Ulx No. 250 appUed at a rote 01 100 .'''~~ I .roli>- \ .....-"'" 1-1-,t.
1M/acre _ fertRlzed with 20-0-10 at a rat. of 100 Ib$. per oer.. The mulch .....~
atlaSl be Tjpe f dnd applied at a rate of 2 tons per aere, disc anchored (wlth dtse .>
blades set nearly str<llght) lmmodhrtely after plaeement .,<,; 0-
~" '$." '"
17. All porUon:lil of the groJn brns b410w the 72J elevdtlOl'l WlO>> be ftoodproofed. :oM ' _ ,. -"-_"_'
u. ' ~"'" "J /%
~__.'N~ 0~
AS NTROL POlNT D€.S'
City of Shakopee Grading PcrmitNotoo:: ..... W~j"
'" LL
I. The applicant slw1l: obtaiD a NPDES pemrit Tb.e City ofSbakopee shall receive this permit prior to ttny land
disrurbjogl1Ctivity.
2. All eroSKJD. control ~urCll shall be futnished and installed by the Applic:mt Uld accepted by the City prior to
ally hind dimurbing activity. lL1
3. All erosion conlrol measures shall ~ routind.y inspected by the AppliClltlt ood rcpJllCed as necessary or IlS l') Z
directed by the City ofSbakopee. <(<(
Gus 2-1 (/)
4. Erosion wntroll1laintenance shaU be the responsibility of the Applic\l1l.t thtougiJout the life ofllic grnd.ittg <eCL lL1
p=miL
5. Adjacent streets &hall be kept elean of1IIIY offsite scditneut I:rncking. ~ 0::-1 i= u.i
'""", 00 DeL z Om
6. Turf uild pumanent vegetations shall bo Citablished in accordance with the NPDES JCqui:ren:tenl IV 74-;- "0:.: o ~r-.
7. Six inches of topsoils will be requited o'Yer disturbed arellS not part ofbuildiog pads. AU areas not involving 0i- 0:::20'"
zz 20 -z~
immodiate building or constzuction sluU have turf established in accordance the NPDES requirements. 09 ';: 7" 20!tl"Z
-0
8, All t<lpsoil (whether s.alvaged OIl site or brought in as import) to the uS(:jj, on site for turf csUiblishment shall be W ~() 00(LJ1~
identified, tested: and approved by City of Shako pee Engineering Dcpsrtment prior to plaCCttIcnt of said topsoil.
iopsoillest re~ts sba.1l comply with MNoo'!"s "STANDARD SPECIFIECA nON FOR CONSTRUCTION" O::z Ozo~g;
2000 Edition, Specification 3877 for "SELECT TOPSOil.. BORROW" ~. 3877.2 B, Table 3871-2). 00 XO~co.
730 730 730 730 >-- 0-1~ 5~
cr:2 IIlOU)U.,c
lL1 I ...- (f)
<(0:: i- Ij')
~W _ ('oj
I (<')
720 20 $;
720 720 720 ::JZ
W<(
cr:
75'-12" RCP 75'-12" RCP CL
Cl.5 @ 2.00% CL.5 @ 2,00%
710 89'-15" RCP 710 710 89'.15" RCP 710
CL.5@4.72% CL.5@4.72%
DRAWN
'" 00 g '" 0 '" NRH
'" N.., '" N.., 0>
'" ~~ '" E ~~ :0 NORTH CHECKED
;:: ....'" 0; ....'" 0> DLS
700 ~ ::;.. ~ 700 7GO > ~~ > 700
1:;- ;;; ;:; DATE
~ ~~ ~ ~N !:! 2-25-09
-
~O+50 0+00 0+50 1+00 1+50 2+00 -0+50 0+00 0+50 1+00 1+50 2+00 SCALE
AS SHOWN
JOB NO
95505-002
I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS PREPARED BY ME OR UNDER MY FILE:
DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER W:\95505-002IDWGIBASE.DWG
50 25 0 25 50 100 TIrr:tTHE~OTA SHEET
rY\,/" .
SCALE IN FEET d DATE
__ _.. __ ___ __ __ ~ - ___ __ - - __ __ ___ ___ - __ __ ____u
- - -
------
- - - - ----- -------
----- --
l .,... r\ I AREA DESCRIPTION R~.V1l5.IONS
'. '\ I ~ I(o..r.rl.n;h
" \ . r:I'P:.Tt\~ I
" " ... '.. 60 30 0 30 e-::l 120 That ~rt oiGCYlermnent Lots 2 and 3. SectioTl 4. TO'l>'nship 115. Range 22 Wast lying !
". ---', r'~ ..), I _ '_ 1 north of thfHighl of way ofTruflk Highwtl}. No. 101 lying .....est of a Iino drawn par;;lIfll I
'2 c. .:..., :;/ 0 " I SClI.Lt IN FEET I with and 200';} .on feet cast of the west line of sa id G ovemmentlol 3 aM i~1ng AFI$t of a "
.... '" " '. f Ii ~1- \ \ line drawn parallel wilh arw:l1 000.00 feet east of the west line of said GtwE'lnllTlel1t Lot 3.
" " ... , I .. according to the Government Survey Ihereo~, described as beginning allhfl illler~el:tiofl i
, . . . - of said line drawn parallGI ','1lth and 2(}(}O.OO feel east of the west JirIlH.,f Government Lot i
" , . . .\ l 3 and the nor....Hlght of way of Trunk Highway No. 101; thol1()f~ (JIlIUl f..ssumed bearing I
') . I of North 01 deweet> 2B minutes 15 seoonds WCSI, <'ll()f\u si;lio line drawn parallel ....~th
"'-"'. \'i I and 2000.00 fMt4;ll'l5t of the west line of tho GoverrHnl;"~t Lol 3, a distance of 100.87
\ feet: tMI'ICe North 69 degrees 38 minutes 09 l>~conds West. a distance of 161.61 feel to cj g
lIlA ,loint of beginning of the parcel to be describe<!; tMnce North 69 dogreGS 30 mlnulAA Z ~
NOH.TH I 119 l;ot!'Conds West a distance of 395.95 feet: thence North 20 dogrees 24 minulE'll> 23 - i~'
....\ ~ond5 East a distance of 74.93 feel; theoce North 37 dogrees 55 mlnulafi ?'1l;f;!oonds ~,(;!
l,) "I r, r~ \ East a distance of 82.04 f99t: thence 5oult1easlerly ;) dist~noo of fm.;~~ feel along a ~ =
I v ~h: '} r; tangential curvo coocave to Ihe South having 3 rndius of 30.00 f~ and a central angle _ ~
<....\ <:- of 115 dog 'eGS 16 mlnulAA 30 seoonds: lhcnce contlnuirly ijouUleasterly. a distaoce of :::10 :i
44.86 foot. along a re'MrM oor,'e concave to the l\orthaasll1aving a radius of 60.00 feel ~
.aoo a oentral Mgle (If.17. degrees 50 minulCs 00 ijeconds; thence South 69 degroos 3B CJ ~ I
\ . l minutes lliI Sl'lCOIlOS East, tarlgcnt fo tho lasl d~cribed rum~, B distance of 185.4Q feet; 0::: ~ j
. thenoo I<mulhwesterlv a distaliDC of 150.87 reel along a langential curve concava In Ihi'! W ~ I
.'\ I SlluUlwesl having a radius of 96.00 feet and a central angle of 9D degrfl9S 02 minule~ 32 Oil ~
. \~ secollcs; thence South 20 degrees 24 minutes 23 seconds West a disll:lllce of 54.03 W ~
\ '\ feet to Ihe poiflt of beginning. n::: IE J
\\ JC ~ I
I - Area: 57.729 Sq. Fl. r g, II
I <( ~
" 1\ (j) '{! I
I p'; I..
(;~("'~. ~~~ i
liJ;7<-.. \ I
' {-,,:~ -\ .~ .
I .. ~ Denotes area to be removed from \"J,. ~I:~~~:'~i-
i --... ~ _ ~ floodplain. - ".
I -- --...-.-.. -- -__. -~'- '.
A -.. m
I ". -- '. I hereby certify that !his plan or reprot was prepared by u.J
- me or under my direct supervision and that I am a duly Z t:
I " Licensed Land Surveyor under the lav.'S of the State of 0 0 tL
M. I .... 0 0::
"- _ Inlleso 8. Q; f5 ~ 0
I.~"t:. cc lL ~ 0
.::... ',. -- / /t:;. Daled this 27th day ot February, 2009. 0 fiJ 0 rr"l
---.. Qo '. ". }. . Cf) r.: '-'
tv - "" ~'<l." <....(::'.......~ 4: () Z
740tb:.. '- "-,, .. . T ill a. _
00' . '. .............,1'" SA ~E.BER 0 W X Q
S-~ '"' 27"yr' ' '. \ <( It O-l
.. ~A ....., '. ~ \ \ W CO 0
-<~..'b l.q " -. \\ cr WI
I - ..... ~ ~-lt \ 2199.66 .<....... ' -. ',- _ \. <( ~
\ ~~~ PI%J -. -. ". _ lJ1'Vl( \.... David B. Pemberton. Minnesota License No. 40344 S
-, . 4 No"".,.,
~ ~rH~
".-.'. _ -.. . .... ~G tRL'r'R/G/'n o.r:- .
I - _ '-.. . ~ ~'Il,: WI!)>' UN . ""u"""
I '" -. '. ". '. -..... "1l" A,>, E: OF S ,..' d. Pr:M:~'I, DRAW/CHECK
- . ..'. ..c",...- l\l TA Tt ,~ .<'- 1;1 ...--~~.. ;.., DBP/GRG
'. .... 0 1l?(j~lk .....~ ~ ......---rr- ..
' '" -.. - l-tlo. .: '\ -:. DATE
I' '. ... 1 0 1VWA'r' N.o :: t'!; UCI!NSeo ~ -:. 02-26-09
-'- -. -'. .. 1Dr = lANDSURVEYOR)"
I " . '__ ... :: BOOK l PAGE
-. INTE'RSECllON OF A UNE DRAVIN ?'DO[] FEET EAST ./ . ~ "'~l40344.~:: --J-
- OF AtW PARAtlEL \'11TH THE WEST UNE or.- .,.. ~ ..... ~ --.-.--
I ---- -- .-" '. GO'V~RNMENT LO. j 'ANO,JIJE NORTH LINE OF TRUNK ~...7"'~... ........"'0...... 95~~'1~f-b04
----- HIGHWAY NO. 101 - '11 OFM\~~\.."
--... - - , J , I ~ I . , I \ , D',<VG. NAME
FEM.~ ELEV.
I
i WHITE BOX ADVISORS _~ Wenck APR 2009
. Wenck Associates. Inc. 1800 Pioneer Creek Cenler F' 1
I 3251 County Rd 101 Shakopee - Proposed Grading Plan Environmental Engineers Maple Plain. MN 55359-0429 Igure
I
~_.- -----
I
I
I
I .
I
I -........... Hls:orr.: n'~' Mile
-----...-.-. Ch~n'EI ~err.er 'E
I Grt)f:,-~~~t <;n
_ _.-- n__ r1llllrt'.':ll'
- 'I;Y~-y'naa(j
I -........... 6X",,'-flood
------. G~rti'N I;-'J;>'~
I ' , , , , " Dij~~ - (x:Ll :I~IJ ~N(;,i:l~~) " -
f" I :l'>'m~hlp :59:t CIl \ l nb:f r;-- ~, IiI ~-~1 .~. ·
.,
it-- - '1. Io'\..t ... '\ ~_ "-- r-~~ ~
.,
I P~"r.~d irl 200-1 r.)" llle U.S. :\rmy C,:n~ L>lcrr~illee:'~ ....
<IJJJ lilt: C. S. GevtL>;;:o.;d Sun' ~y :ll CIJQ~~r;.,t:l'll .....:111
th~ 1-11\W' t-.'lill.,..~r>t.~ l~i'.,Y W:lr~nlh~d ni~rl'iM :wrl r:'~ ,.. :~IJ::- .lIIJ::' ~.11I(. :,.UIIJ:o I'lh"lf~t>:l<C - :.f1n~ L 1<;1).0\ - F:lJ'm Sc'vk,~ Ae,"Il~;; OrrJlIl?lh"lff'>
\ - I',"'"
Mxd: L:\170K\15\mxd\Cross Section 5552 LowMN Acrial.rnxd ~.1inl1~r::n Dc )~n'U ..~I1: 07 'JrJwral KCN'l':.rcC:-:' ,
WHITE BOX ADVISORS .~Wenck APR 2009
I 3251 County Rd 101 Shakopee - Lower Minnesota River Flood Study Wenck Associates, Inc. 1800 Pioneer Creek Center Figure 1
Environmental Engineers Maple Plain, MN 55359-0429
I ,-'" - .~~-~ -_."-- -._ ~.__~ __~_'_ ____ _------o-.____.~ _"-_ __._____.__ _..___ -,..-----.- - - -