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HomeMy WebLinkAboutFloodplain Permit FOF Order_Floodplain Permit_SP 22174Page 1 of 7 BEFORE THE CITY OF BOZEMAN FLOODPLAIN ADMINISTRATOR CITY OF BOZEMAN, MONTANA FINDINGS OF FACT AND ORDER: IN THE MATTER OF THE FLOODPLAIN PERMIT APPLICATION OF NORTHWESTERN ENERGY TO CONSTRUCT AN EQUIPMENT AND MATERIALS STORAGE YARD IN THE REGULATORY FLOODPLAIN OF THE EAST GALLATIN RIVER (SITE PLAN NO. 22174 – NORTHWESTERN ENERGY EAST LOT) I. FINDINGS OF FACT A. Section 76-5-101 et seq. MCA establishes the minimum requirements for city floodplain management regulations. B. Bozeman Municipal Code (“BMC”) Division 38.600 - Floodplain Regulations (“Regulations”), with an effective date of April 21, 2021 (Ordinance 2057), set forth applicable requirements for proposed development in regulated flood hazard areas in the City of Bozeman. C. The purpose of the Regulations is provided for at Sec. 38.600.040 BMC. D. Intent of Review. The purpose of the floodplain permit application is to review plans and information provided by the permit applicant to determine if the proposed project satisfies the purpose and requirements of the Regulations. A floodplain permit will be granted or denied by the Floodplain Administrator on the basis of whether the proposed use, activity, or artificial obstruction in the regulated flood hazard area complies with the requirements of the Regulations. E. Description of Proposed Project. The proposed project consists of a 3.8 acre outdoor materials and equipment storage yard for NorthWestern Energy, a portion of which is situated within Zone AE of the FEMA regulatory floodplain of the East Gallatin River. No portion of the project is located within a FEMA regulatory floodway. The proposed storage yard will act as an extension of the existing storage yard at 121 E. Griffin Dr. that is presently not large enough to support Northwestern’s storage needs. Construction of the proposed storage yard calls for substantial earthwork to re- grade the site. Earthwork comprises the removal of approximately 2,900 cubic yards of native cut material to be replaced with approximately 2,800 cubic yards of imported fill material consisting of structural gravel and gravel surfacing courses. The project also includes a chain link security fence, stormwater detention, and landscaping improvements. F. Location of Proposed Project. The project site is addressed 2200 N. Rouse Ave. The subject property has a legal description of Tract 33 of the Northeast Annexation to the City of Bozeman located in the SW1/4 Section 31, T1S, R6E, City of Bozeman, Gallatin County, Montana. A Certificate of Survey is pending to create the 3.8 acre tract of land for the proposed storage yard facility. The future tract of land will be known as Tract 2A. G. Applicability of City of Bozeman Floodplain Regulations to the Proposed Project. The proposed project is located within the Regulated Flood Hazard Area set forth by the Regulations at Sec. Page 2 of 7 38.600.110.A.1 BMC. More particularly, a portion of the proposed storage yard is located within Zone AE of the East Gallatin River Floodplain as shown on FEMA Flood Insurance Rate Map number 30031C0808E. H. Record. The Floodplain Administrator’s decision is based on the following information. 1. The original application for a floodplain development permit electronically received by the Floodplain Administrator on August 3, 2022. The application was submitted by Stephanie Hudock, P.E. with Sanderson Stewart for the applicant Kyle Ecker with Northwestern Energy. The original application consisted of: Floodplain Permit Application Form (7 pgs); $100 Floodplain Permit Application Fee; Site Plan and Floodplain Map Exhibits (9 pgs); and a Floodplain Regulation Compliance Memorandum (8 pgs). 2. Revised floodplain permit application materials received by the Floodplain Administrator on August 19, 2022 addressing comments emailed on August 10, 2022 by the Floodplain Administrator upon review of the original application materials. The revised application materials consisted of: a supplementary Floodplain Regulation Compliance Memorandum (4 pgs). 3. The City of Bozeman Floodplain Regulations effective April 21, 2021 (Ordinance 2047). I. Legal Notice, Public Comments and Review Period. The Floodplain Administrator deemed the floodplain permit application acceptable for review upon receipt of the revised materials received August 19, 2022. The determination of acceptability is an indicator that the information provided by the permit applicant is sufficient for the Floodplain Administrator to begin a detailed compliance review under the Regulations. A legal notice was published in the Bozeman Daily Chronicle on August 14, 2022 that described the proposed project and permit application and provided a public comment period of 15 days. Adjacent landowners were directly notified of the project and public comment period via first-class mail. The Floodplain Administrator did not receive public comments by the close of the public comment period on August 29, 2022. J. Compliance with City of Bozeman Floodplain Regulations. Based on the information contained in the application, and as explained below, and subject to the conditions of approval, the Floodplain Administrator finds the proposed project complies with the requirements of the Regulations. In addition, the applicant’s representative, Stephanie Hudock, P.E., has certified the project as being compliant with the applicable requirements and standards of the Regulations.  Sec. 38.600.270.A BMC. This section of the regulations requires that the watercourse setback code, Sec. 38.410.100 BMC, be satisfied by the proposed project. A minimum 100’ watercourse setback applies along the East Gallatin River for developments on properties granted plat approval prior to July 10, 2002. Floodplain Administrator response: The subject property was originally created prior to July 10, 2002. The proposed storage yard is outside of the 100’ watercourse setback.  Sec. 38.600.270.B.2 BMC. This section of the Regulations allows uses, activities and artificial obstructions that are permitted within the regulatory floodway pursuant to Sec. 38.600.260 BMC to be permitted in the regulatory floodplain. Sec. 38.600.260.H BMC permits the storage Page 3 of 7 of materials and equipment in the regulatory floodplain not otherwise prohibited under Sec. 38.600.250 BMC. Floodplain Administrator response: Sec. 38.600.260.H BMC permits the storage of non- prohibited equipment and materials in the regulatory floodplain. Prohibited materials consist of hazardous materials. The permit applicant has provided a list of equipment and materials with its application that may be stored in the storage yard along with buoyancy calculations. Hazardous materials are not proposed for storage in the floodplain. Materials stored in the floodplain that are subject to flotation must be anchored to prevent flotation, be readily moveable, or be stored on racks above the 100-yr water surface elevation. See conditions of approval contained in Section II.B of this Findings of Fact and Order.  Sec. 38.600.270.G BMC. This section of the Regulations allows all other uses, activities and artificial obstructions not otherwise prohibited by Sec. 38.600.250.B. Floodplain Administrator response: The proposed storage yard requires substantial earthwork to grade and drain the existing site. Approximately 2,900 cubic yards of native material will be removed from the site and replaced with approximately 2,800 cubic yards of imported fill material consisting of clean structural gravel and gravel surfacing courses. Runoff from impervious gravel surfaces will be graded to a stormwater detention pond for treatment prior to discharge offsite at the pre-development rate. A chain link security fence will be built around the exterior perimeter of the storage yard. Fences are allowed by permit in the regulatory floodplain per Sec. 38.600.240.B.8 BMC. K. Additional Factors for Consideration. The Regulations at Sec. 38.600.210.G BMC require the Floodplain Administrator to consider the following factors in the issuance of a floodplain permit: 1. The danger to life and property due to increased flood heights, increased floodwater velocities or alterations in the pattern of flood flow caused by the proposed use, activity, or artificial obstruction. The application states: “The project results in overall cut of 106 cubic yards to the project area, therefore there is no expected increase to the base flood elevation. However, the change in grade across the floodplain may impact the flood patterns and reduce the overall floodplain area. The current ground elevation and grade is variable with no consistent overland flow direction. The site has been re-graded to drain to the north to the proposed stormwater pond. Because of the new stormwater pond and cut located at the north end of the project, this may increase flood depths. The maximum anticipated flood depth on site is 4-feet within the stormwater pond, 3-feet within the northern drive aisle near the southern edge of the proposed pond. And the remaining site area between 0-2-feet. The flood depths of 0-2 feet match existing flood depths across the site.” Floodplain Administrator Comment: The proposed project is not expected to have an adverse impact on existing flood hazards identified and documented in the April 21, 2021 effective FEMA Flood Insurance Study for the East Gallatin River. The project has been designed to result in a net removal of 106 cubic yards of material, thus increasing the available storage volume of the floodplain at the local project area. Page 4 of 7 2. The danger that materials may be swept onto other lands or downstream to the injury of others. The application states: “The floodplain area within the project area is from backwater associated with the East Gallatin River. Flow velocities are expected to be minimal. And flow depths under both existing and proposed conditions range between 0-2 feet within activity areas. Under proposed conditions, the flood depth may be as great as 3 to 4 feet within the proposed stormwater pond. It is recommended that all items that float based on buoyancy calculations will be located outside of the anticipated flooding area as shown on Exhibit B. The list of materials planned for storage and their associated buoyancy calculations are provided at the end of this memo. If items need to be stored within the potential flooding area, they can be secured to prevent floating. One foot diameter concrete cylinders installed 3-feet into the ground with encased rebar or large concrete blocks can be used to secure items with ratchet straps. However, flood depths are not anticipated to exceed 2-feet within the planned storage areas which is typically less height than the overall height of the items stored on site, meaning it is not anticipated that items will be completely submerged by water. Additionally, many items are stored on bunks which raise the items above ground level. Additionally, a 6-foot tall perimeter fence will be located entirely around the project area. Because the flood depths do not exceed 2-feet beyond the stormwater pond, it is not anticipated that items will float above the fence height. It is anticipated that the fence will also provide an additional barrier for floating items.” Floodplain Administrator Comment: See condition of approval no. 1, Section II.B, of this Findings of Fact & Order. 3. The construction or alteration of the proposed use, activity, or artificial obstruction is conducted in such manner as to lessen the flooding danger. The application states: “The proposed storage yard is an allowed activity within the floodplain. The proposed grading of the site was completed to provide overall cut to the project area. The existing grades of the site could not be maintained. The grades of the site were altered to provide adequate drainage to the proposed stormwater detention pond.” Floodplain Administrator Comment: See condition of approval no. 2, Section II.B, of this Findings of Fact & Order. 4. Impacts to water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions, and whether sanitation systems will be located to avoid surcharge during flooding. The application states: “No water supply or sanitation systems are impacted by the construction of the storage yard. No additional utilities will be installed within the scope of this design.” 5. The susceptibility of the proposed use, activity, or artificial obstruction to flood damage and the effects of such damage on the individual owner. Page 5 of 7 The application states: “The future owner of the storage yard is aware of the flood risks of the site. Most items stored within the facility would not be damaged [by] flood waters.” Floodplain Administrator Comment: See condition of approval no. 1, Section II.B, of this Findings of Fact & Order. 6. The importance of the services provided by the use, activity or artificial obstruction to the community. The application states: “The additional storage area for NorthWestern Energy will help better serve the energy needs a rapidly growing community.” 7. The proposed use, activity or artificial obstruction will be reasonably safe from flooding. The application states: “The anticipated flood depths within the storage lot are between 0-2 feet. This flooding depth is not anticipated to cause damage to the items stored on site.” 8. The drainage at the site is adequate to reduce exposure to flood hazards. The application states: “The grading of the site is sloped towards the entrance of the backwater to the site.” 9. The requirement of the facility for a water-front location. The application states: “The proposed storage yard is not water-front and is blocked by North Rouse Avenue.” 10. The availability of alternative locations not subject to flooding for the proposed use, activity, or artificial obstruction. The application states: “The materials that cannot within stand buoyancy forces will be stored outside of the anticipated flooding area. Or will be secured to the ground via concrete cylinder foundations and ratchet straps. There will be no hazardous materials stored within the floodplain.” Floodplain Administrator Comment: Alternative site availability is limited. The subject property was made available for the proposed storage yard as part of a land exchange agreement between the City of Bozeman and Northwestern Energy. 11. The compatibility of the proposed use, activity, or artificial obstruction with existing development and anticipated development in the foreseeable future. The application states: “The lot is located almost entirely within the floodplain. The proposed use matches the surrounding development. And it is not anticipated that the land use within the area will change within the foreseeable future.” Floodplain Administrator Comment: The proposed storage yard is an allowable landuse under the City’s zoning regulations for the zoning district in which the property is situated. 12. The permanence of the proposed use, activity, or artificial obstruction. Page 6 of 7 The application states: “The proposed storage lot is not anticipated to change owners or uses within the foreseeable future.” 13. The relationship of the proposed use, activity, or artificial obstruction to any adopted growth policy or other plans covering the project area. The application states: “There is no known growth plan for the area. However, the proposed use closely matches the existing land use areas surrounding the site.” 14. The safety of access to property in times of flooding for ordinary and emergency services. The application states: “The entire project area will be enclosed within a 6-foot fence. There are no buildings within the site. And the site will only be accessed sparingly for to access materials. The fire department has reviewed the Site Plan and does not have any concerns with the proposed used, location or fencing.” 15. Such other factors as are consistent with the purposes of this division, this chapter, the Montana Floodplain and Floodway Management Act and the National Flood Insurance Program. The application states: “As described in the items above, the proposed storage lot as designed will not negatively impact or affect public health, safety, or welfare.” Floodplain Administrator Comment: The project is in conformance with the City of Bozeman Floodplain Regulations which are adopted by authority of State statue (MCA 76- 5-101). II. ORDER Based on the record, the Floodplain Administrator finds and orders as follows: A. Since the requested use as described below is a permitted use, is in conformance with the provisions of the Floodplain Regulations, and will be able to meet applicable construction standards and performance criteria of said Regulations, it is hereby ordered that the floodplain permit for the proposed storage area at the Northwestern Energy East Lot is approved subject to the conditions listed in Section II.B below. 1. This approval allows the following uses, activities and artificial obstructions, subject to the conditions of approval described in Section II.B below: a. Allows construction of the proposed storage yard and related site improvements at the Northwestern Energy East Lot East as well as placement and storage of non-hazardous materials within the regulated floodplain of the East Gallatin River. Said storage yard and site improvements shall conform to the Site Plan (Application No. 22174 on file with the City of Bozeman Department of Community Development) approved by the City of Bozeman for the project and the set of approved floodplain permit documents enclosed with this Findings of Facts & Order. Page 7 of 7 B. This floodplain permit is subject to the following conditions of approval: 1. Materials stored within the regulatory floodplain shall not contain hazardous substances. Materials subject to flotation shall be at all times sufficiently anchored to prevent flotation in the event of a flood or be readily movable to a location not subject to flotation within the limited timeframe available after the issuance of a flood warning. 2. Construction of the storage yard shall not occur during the peak runoff period of the East Gallatin River. The date construction is scheduled to begin shall provide sufficient time to fully complete construction prior to the occurrence of peak runoff or begin after peak runoff has passed. 3. This floodplain permit shall become null and void if these conditions of approval are not appropriately satisfied, or if the work or uses authorized hereunder are beyond the size or scope authorized herein. 4. Construction of permitted improvements shall commence within one year of the date of this Findings of Fact & Order and be completed within two years. If construction of improvements in the floodplain authorized under this permit are not completed prior to the expiration date, the applicant may request an extension to the term of the permit in accordance with the Regulations. Post-Project Conditions 5. Prior to issuance of a Certificate of Occupancy for the project, a Floodplain Permit Compliance Report shall be submitted to the Floodplain Administrator. Said report shall include the following items: a. Written certification from the engineer of record that the project was completed in accordance with the approved floodplain permit. ------------------------------------------------------------------------------------------------------------------------------------------ APPEALS OF DECISIONS MADE BY THE FLOODPLAIN ADMINSITRATOR The requirements for appeals are described in Sec. 38.600.300 BMC. ------------------------------------------------------------------------------------------------------------------------------------------ DATED THIS 6th of SEPTEMBER, 2022 Brian Heaston, PE City of Bozeman Floodplain Administrator cc: Traci Sears, MT DNRC enclosure: Notice of Decision