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7.11. SR 10-17-1994 I ~\) ( )j Ill< ITEM NO. 7.11. MEMORANDUM TO: MAYOR AND CITY COUNCIL GARY SCHMITZ, PLANNING ASST. G/v--~-"J FROM: DATE: OCTOBER 17, 1994 SUBJECT: CODE AMENDMENTS FOR FLOODPLAIN ORDINANCE - PUBLIC HEARING, CASE NO. OA 94-06 ISSUE Consider a request by the City of Elk River to amend various sections of the Floodplain Management Ordinance. ATTACHMENTS . Ordinance 94-_ (existing and proposed language), the September 27, 1994 memo the Planning Commission. ANALYSIS The City of Elk River's Floodplain Management Ordinance was recently reviewed by the Minnesota Department of Natural Resources (DNR) to ensure that it is in compliance with the State's floodplain standards. The DNR's review determined that the City's ordinance is out of compliance concerning the definition of "conditional use" and several references in various sections throughout the ordinance. All the changes are minor in nature and do not affect the overall scope ofthe ordinance. The details of this request can be found in the September 27, 1994 memo to the Planning Commission. PLANNING COMMISSION MEETING At the September 27, 1994 Planning Commission meeting, the Commission concurred with staffs finding and recommended approval of the ordinance amendments. . P.O. Box 490 · 13065 Orono Parkway. Elk River, MN 55330 · (612) 441-7420. Fax: (612) 441-7425 . RECOMMENDATION Staff recommends the City Council approve the code amendments as presented in the attached ordinance. . . s:council:floodpla . FLOODPLAIN ORDINANCE AMENDMENT (Existing and Proposed Language) SECTION 902.02 (8) CONDITIONAL USE: shall mean a specific type of structure or land use. listed in this Ordinance or t.he Citv Zonim: Ordinance that mav be allowed but. onlv after t.he review procedm'e llrovided bv Section 900.42 of the Zonin!! Ordinance and with apTlroTJriate conditions and restrictions as provided in the Zonin!! Ordinance or building codes and upon the findings required bv Section 900.42. this OrdiRflRee and proecsscd pursuant ts the preeedures oct f-orth iR Scetion 900.12 and cubjcet to the findin;;o and standards roquiroq iR Seetion 900.12 (1). STRUCTURE: shall mean anything constructed or erected on the ground or attached to the ground or on-site utilities including, but not limited to , buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers/vehicles not meeting the exemption criteria specified in Section 902.13 (3) (a) 902.:10 (gl(n) of this Ordinance and other similar items. . SECTION 902.04 (2) 2. Compliance. No new structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this Ordinance and other applicable regulations which apply to uses within the jurisdiction of this Ordinance. \Vithin the Floodway and Flood Fringe Districts, all uses not listed as permitted uses or conditional uses in Section 902-06 and 902.08 that follow, respectively, shall be prohibited. In addition, the following shall apply: a. New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this Ordinance and specifically Section 902.14 90~.20. b. Modifications, additions, structural alterations or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this Ordinance and specifically Section 902.18 90~.~1, and, . c. As-built elevations for elevated or flood proofed structures must be certified by ground surveys and flood proofing techniques must be . . . designed and certified by a registered professional engineer, architect, or surveyor as specified in the general provisions of this Ordinance and specifically as stated in Section 802.1 G 90~.~~ of this Ordinance. SECTION 902.06 (3)(g) g. Travel trailers and travel vehicles subject to the exemptions and provisions of the Section 902.14 (3) 902.20 (3) of this Ordinance. SECTION 902.08 (3) 3. Conditional Use. Any structure that is not elevated on fill or flood proofed in accordance with Section 902.08 (2) (a) - 902.08 (2) (b) or any use of land that does not comply with the standards in Section 902.08 (2) (c) - 902.08 (2) (d) shall only be allowable as a Conditional Use. An application for a Conditional Use shall be subject to the standards and criteria and evaluation procedures specified in Sections 902.08 (4) - 902.08 (5) and 902.16 ill.90~.22 (4) of this Ordinance. SECTION 902.08 (5) (f) f. Standards for travel trailers and travel vehicles are contained m Section 902.14 (3) 902.~0 (3). AGENDA ITEM 5. 7 ~ @JfP'}f MEMORANDUM TO: PLANNING COMMISSION GARY SCHMITZ, PLANNING ASSIST. G~ FROM: DATE: SEPTEMBER 27,1994 SUBJECT: CODE AMENDMENTS FOR FLOOD- PLAIN ORDINANCE, PUBLIC HEARING, CASE NO. OA 94-06 ISSUE Consider a request by the City of Elk River to amend various sections of the Floodplain Management Ordinance. ATTACHMENTS . Ordinance 94- (existing and proposed language), Letter from the Minnesota Department of Natural Resources (DNR) dated August 8, 1994 ANALYSIS The City of Elk River's Floodplain Management Ordinance was recently reviewed by the Minnesota Department of Natural Resources (DNR) to ensure that it is in compliance with the State's floodplain standards. The DNR's review determined that the City's ordinance is out of compliance concerning the definition of "conditional use" and several references in various sections throughout the ordinance. All the changes are minor in nature and do not affect the overall scope of the ordinance. SUMMARY OF CHANGES The DNR has requested that additional language be added to the definition of "conditional use." The additional language is similar to the existing definition, however, it does go into greater detail on why a conditional use permit would be granted. . There are several references in the floodplain ordinance citing different areas of the code. Some of the references were done incorrectly when the floodplain P.O. Box 490. 13065 Orono Parkway. Elk River, MN 55330 . (612) 441-7420. Fax: (612) 441-7425 . . . OA 94-6, Floodplain Ordinance September 27, 1994 Page 2 ...a__._________..___________________.______ ordinance was amended in 1991. The proposed amendments would change the incorrect references. RECOMMENDATION Staff recommends the Planning Commission recommend approval of the code amendments as presented in the attached ordinance. . . floodpla.pc . . . ORDINANCE 94- crTY OF ELK RIVER AN ORDINANCE AMENDING SECTIONS 902.02, 902.04,902.06,902.08, CASE NO. OA 94-06 The City Council of the City of Elk River does hereby ordain as follows; Section 1. Section 902.02 (8), of the Elk River Code of Ordinances is hereby amended so that the definition of "Conditional Use" and "Structure" shall read as follows: Conditional Use Shall mean a specific type of structure or land use listed in this Ordinance or the City Zoning Ordinance that may be allowed but only after the review procedure provided by Section 900.42 of the Zoning Ordinance, and with appropriate conditions and restrictions, as provided in the Zoning Ordinance or building codes, and upon the fmdingsrequired by Section 900.42. . Structure Shall mean anything constructed or erected on the ground or attached to the ground or on-site utilities, including but not limited to buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers/vehicles not meeting the exemption criteria specified in Section 902.14 (3)(a), of this ordinance and other similar items. Section 2. Section 902.04 (2)(a), of the Elk River Code of Ordinance is hereby amended to read as follows: a. New manufactured homes, replacement manufactured homes, and certain travel trailers and travel vehicles are subject to the general provisions of this ordinance, specifically Section 902.14. Section 3. Section 902.04 (2)(b), of the Elk River Code of Ordinances is hereby amended to read as follows: b. Modifications, additions, structural alterations or repair after damage to existing non-conforming structures and non-conforming . . . Ordinance Amendment Page 2 uses of structures or land are regulated by the general provisions of this ordinance, specifically Section 902.1S, and, Section 4. Section 902.04 (2)(c), of the Elk River Code of Ordinances is hereby amended to read as follows: c. As-built elevations for elevated or flood proofed structures must be certjfied by ground surveys and flood proofing teclmiques must be designed and certified by a registered professional engineer, architect, or surveyor as specified in the general provisions of this ordinance, specifically as stated in Section 902.16 of this ordinance. Section 5. SectioJ,1 902.06, (3)(g), of the Elk River Code of Ordinances is hereby amended to read as follows: g. Travel trailers and travel vehicles subject to the exemptions and provisions of Section 902.14 (3) of this Ordinance. Section 6. Section 902.0S (3) of the Elk River Code of Ordinances is hereby amended to read as follows: 3. Conditional Use. Any structure that is not elevated on fill or floodproofed in accordance with Section 902.08 (2)(a), 902.0S (2)(b), or any use of land that does not comply with the standards in Section 902.0S (2)(c) - 902.08 (2)(d), shall only be allowed as a conditional use. An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in Section 902.08 (4) - Section 902.08 (5), and 902.16 (4) of this ordinance. Section 7. Section 902.0S (5)(f), of the Elk River Code of Ordinances is hereby amended to read as follows: (f). Standards for travel trailers and travel vehicles are contained in Section 902.14 (3). Passed and adopted this of the City of Elk River. . 1994, by the City Council day of Ordinance Amendment --~_._...-._--------._-----_._--- . ATTEST: Sandra A. Thackeray, City Clerk . . Page 3 Henry A. Duitsman, Mayor . ~~TriT$@U~ ~~DEPARTMENT OF NATURAL RESOURCES AUG - 9 199, 500 LAFAYETTE ROAD . ST. PAUL. MINNESOTA . 55155'40 DNR INFORMA TION (612) 296.6157 August 8, 1994 Mr. Gary Schmitz, Zoning Assistant Ciry of Elk River P.O. Box 490 13065 Orono Parkway Elk River, MN 55330 Dear Mr. Schmitz: CONDlTIONAl'STATEAPPROVAL OF FLOODPWN ORDINAi'\lCE AME.."IDMENT The Department of Natural Resources has completed its review of the ordinance the Ciry of Elk River adopted on February 25, 1991. The ordinance was entitled ORDINANCE 91-4, AN ORDINANCE AMENDING SECTION 902 (FLOODPLAIN MANAGEMENT ORDINANCE). . Our review determined that the ordinance revIsion was not yet totally compliant with "Statewide Standards and Criteria for Management of Floodplain Areas of Minnesota," Minnesota Regulations, Parts 6120.5000 to 6120.6200. Please take appropriate steps to. revise the ordinance consistent with the following listed items: "__n.n__ ... _..____.... ________.___________________ ___ - -----------_._-~-_.__._. 1. In Section 902.02(2) Establishment of Official Zoning Map; rhe dry must adopt the Flood Insurance Study and the Flood Insurance Rate Map dated February 19, 1992. 2. In Section 902.02(8) B. "Conditional Use"; add the additional language from Section 2.813 from the model ordinance (see anached page). 3. Tn reviewing the ordinance we discovered numerous errors in reference. Please correct the follovving section references (correct reference in bold): (a) Section 902.02(8) N. "Strucrure": Section 902.14(3)(A); (b) Section 902.04(2)(A): Section 902.14; (c) Section 902.04(2)(B): Section 902.il.; Section 902.04(2)(C): Section 902.11; (d) Section 902.06(3){G): Section 902.14(3); (e) Section 902.08(3)-last reference: Section 902.16(4) [not Section 902.22(4)] ; Section 902.08(5)(F): Section 902.14(3). We anticipate that you agree to make these amendments to the ordinance prior to holding the public hearing regarding the aforementioned revisions. Consequently, on behalf of the Commissioner of Natural Resources, I hereby conditionally certify state approval of the above cited ordinance revision in accordance with Minnesota Statutes, Section 103F. . AN EQUAL OPPORTUNITY EMPLOYER . Page Two This approval is valid upon receipt (\\dthin 60 days) of a certified, signed copy of the formally adopted ordinance revisions cited above and a completed copy of the Ordinance Certification Checklist (attached) by Eret Anderson located at the folloVving address: DJ\-'R-Division of Waters 500 Lafayette Road St. Paul, MN 55155-4032 . Any changes of the subject draft ordinance prior to adoption (other than those cited above) must be approved by this agency prior to adoption before they can be considered valld. Also be advised that any future amendments of this ordinance or change in the designation of flood prone areas requires prior approval of the Commissioner. Note that you are required to send copies of'hearing notices and final decisions relating to variances and conditional use permits relating to this ordinance to the Department. Please send these directly to Area Hydrologist Dan Lais, DNR-Division of Waters, 3725 12th Street North, P.O. Box 370, St. Cloud, MN 56302 and rely on him for assistance in administering your ordinance. Since your administration of a floodplain zoning ordinance is a pre- requisite of your eligibility. in the National Flood Insurance Program, a certified copy of the adopted ordinance will be sent by this office to the Federal Emergency Management Agency. Your cooperation and initiative in providing for the reduction in flood damage through the adminisrration of this ordinance is greatly appreciated. Sincerely, DIVlSlON OF WATERS SV~ ~- ~ ../.c./" O{Y~ghi Sium, Supervisor () - Land Use Management Unit OS/BA:fw cc: David L. Hills, Regional Hydrologist Dan Lais, Area Hydrologist Jeanne Kern, FEMA .