HomeMy WebLinkAbout5.s. Flood Plain Ordinance Amendment - Set Public Hearing �
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City of Rosemount
Executive Summary for Action
City Council Meeting Date: January 5, 1993
Agenda Iteme Flood Plain Ordinance Agenda Sectioa: :
Amendment: Set Public CONSENT AGENDA -
Hearing
Prepared By: Lisa Freese Agenda �� � �
Director of Planning
Attachments: Hearing Notice; Mailing List; Ap �B .
Proposed Flood P1ain Ordinance.
The Department of Natural Resources {DNR) has completed their review
of the proposed revisions to the City' s Flood Plain Ordinance. The
DNR asked for a couple of minor revisions to the definitions and the
enforcement procedures. At this time Planning staff is comfortable
with the amendments as drafted.
Planning staff is recommending that a public hearing be held on
January 19, 1993 . The Planning Commission has already recommended
approval of these text amendments, but Planning staff will bring back
the amendment to the Commission to discuss the changes suggested by
the DNR. This will occur on the Planning Commission' s January 12,
1993 Regular Meeting.
Recommended Action: A MOTION to set a Public Hearing for the
Flood Plain Ordinance Amendment on Tuesday, January 19, 1993 in
the City Council Chambers of the City Hall at 8 : 00 p.m. or as
soon thereafter as possible.
City Couacil Action:
O1/0 /93.003
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PHONE (612)4234411 2875-145th Street West,fl�emount.Minnesata MAYOR
Edward 8.McMenamy
FAX (612)423-5203 Mailing Address:
P.O.Box 510,RoaemouM,Mirnasota 55068-0510 COUNCILMEMBERS
SMila Klasssn
Public Notice Ja��`R�'�8�
Warry w���ox
Dennis wppsrtnann
ORDINANCE B; CITY OF ROSEMOUNT ZONIlVG ORDINANCE TEXT AMENDMEN4Bi.eiN+s�►roa
Stephan Jilk
pND THE CITY OF ROSEMOUNT ZONING MAP AMENDMENT
� Fload Plain Urdinance Amendnnent
TO WHOM TT MAY CONCERN: -
NoTTCE is HExESY G�N, the Ciry Council af the Ciry of Rosemount will hold a public hearing
on Tuesday, January 19, 1993 in the Council Chambers of the City Hall, 2$75 145th Street VJest,
beginnuig at 8:00 p.m. or as soon thereafter as passible.
The purpose of this hearing is to receive public input and comments on a proposed text amendment to
Ordinance B - City of Rosemount Zoning Ordinance and City of Rosemount Zoning Map. At this .
Public Hearing the City Council will consider changes to the text of the Zoning Ordinance regarding
the Floodplain District. T'he proposed Floodplain modifications have been requested by the
Minnesota Department of Natural Resources (DNR) to bring the Rosemount Floodplain Ordinance
into compliance with the federal regulations as set out by the Federal Emergency Management
Agency (FEMA). Noncompliance could result in the City's suspensian from the Federal Flood
Insurance program.
The most significant area. of noncompliance of Rosemount's e3ci.sting ordinance regards conditional
uses. The DNR has required the City tv have conditional uses in our Zoning Ordinance in order to
permit certain uses within the Floodplain District. A complete copy of the proposed regulations are
on file with the Planning Department and may be viewed by the general public at the City offices
during normal business hours of 7:30 a.m. to 4:00 p.m., Monday through Friday.
Persons wishing to speak on these proposed amendrnents are invited to attend this meeting on
Tuesdav. Tanuary 19 1993 at 8:00 v.m.
Dated this Sth day of January, 1993.
Susan M. Walsh, City Clerk
City of Rosemount
Dakota County, Minnesota
S 1 , ) /j �(�,
(�ver��hings �oming �Ui.�i �ll,osemoun��� -
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� CITY OF ROSEMOUNT �+
2875 145TH S�xEET W�sT
ROSEMOUNT, MN 55068
(612)423-4411
F.� No, (612)423-5203
� �k � �k * � * * � � �x MEMO �x * �x * :k �x * * * �x *
TO: Mike Miles
FROM; Lisa FYe�se, Director of Planning
DATE: November 13, 1992
SUBJ. Propossd Flood Plain Amendments for City of Rosemount Zoning Ord.inance
As discussed at our meeting on Tuesday, November 10, I992, I have drafted a copy of text
amendments for Section 6.17 and related areas of the Zoning Ordinance. The purpose of these
amendments is to modify our Flood Plain requixements to be in compliance with the state and
federal standards as presented in "Two District Flood Plain Mareagement Ordinance", the
DNR's model ordinance for Flaod Flai.n management. I would ask that you review these text
amendments and provide, in writing, any comments that you may have regarding their format,
content, and compatibility with our e�cisfiing Zoning Ordinance, Ordinance B. Please provide
these comments to me by Navember 25:, 1992.
In additian, I would like a legal opinion regarding the notification required for this Zoning
Ordinance amendment. Since it is a text amendment and we are in no way amending the map,
it would appear to me that it is not necessary ta notify property owners. It would not, however,
be a diff'icult task because the Flood Plain District, as presented here, involves less than one-
half dozen property owners.
I-appreciate your review of this ordinance and legal interpretation of the notifications required.
Thank you for your assistance.
i�� o osemouvi�
PHONE (612)423-4417 2875-t45th Street West,Rosemount,Minrresote MAYOA
FAX (612)4235203 MaiRng Address: Edward 8.McMerromy
P.O.Box 510.Rosemount,Minnesota 56088+OSt0 COUNCIIMEM$ERS
Shsila Klassen
November 12, 1992 �,m��R�s�a�
Harry Wiiloox
Dennis Wippermann
P1t LynCh no�nrN�srRaroa
Metro Region s►�h�,���k
Minnesota Department of Natural Resources
1200 Warner Road
St. Paul, MN 55106
RE: Proposed Flood Plain Amendments for City of Rosemount
Dear Mr. Lynch:
r
Enclosed please fmd a copy of the proposed text amendments to the City of Rosemount's
Zoning and Subdivision Ordi.nances. The intent of tliese text amendments is ta bring the City of
Rosemaunt's Flood Plain section of its Zoning Ordinance into compliance with the State and
Federal standards.
These amendments integrate the model ordinance for a "Two District Flood Plain Management
Orainance -- Two Map Format" dated October i7, 1990, into the Ciry of Rosemount's current
zoning and subdivision ordinances. I have attached the Table of Contents from that madel
ordinance and have made references to the areas in either the City's existing ordinance or these
proposed amendments that you will find these sections. As we discussed in our recent meeting,
the City of Rosemount has combined the Floodway and the Flood Fringe Districts into one
Flood Plain District. The City does not intend to allow any of the permitted uses or conditional
uses listed in the model ordinance Flood Fringe District.
In order to expedite the successful adoption of these Ordinance revisions, the City would like to
have comments back from the Department of Natural Resources as to the adequacy of this
proposed amendrnent by November 25, 1992. fihis will enable us to make proper notificauon
and complete the adoption of this Ordinance prior to the end of this year.
If yau have any questions or do not feel it is possible to meet this time line, I would appreciate
a phone call as soon as possible. Thanks again for your patience and assistance regarding this
Ordinance.
Siricerely,
�%�� ?��-�--�-
Lisa 7. Freese, A.I.C.P.
Director of Planning
Enclosure
cc: Stephan 7i1k, City Administrator �
Ron Wasmund, Public Works Director
� Mike Miles, City Attorney
�ver�t�ings �omisag �(/�� �J�.osemoun���
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November 12, 1992
DNR MODEL - CITY OF ROSEMOUNT
COMPARISON TABLE
'I�vo District Flood Plain Management Ord.inance
Two-Map Format
TABLE OF CONTENTS
SECTION 1.0 STATUTORY AUTHORIZATION, FINDII�tGS OF FACT AND PURPOSE jproposed
6.17(A) IntentJ
1.1 Statutory Authorization
1.2 Findings of Fact
1.3 Statement of Purpose
SECTION 2.O GENERAL PROVISIONS
2.1 Lands ta Which Ordinance Applies }
2.2 Establishment of Official Zoning map } �'��o,a��s,6.17(BJI)J
2.3 Regulatory Flood Protection Elevation[proposed C)rdinance B, 3.2J
2.4 Interpretation [proposed Ordinance B, 617(B}(2)J
2.5 Abrogation and �reater Restrictions jproposed Ordinrxnce B, 4.1(c)J
2.6 Warning and Disclaimer of Liability [proposed Ordinance B, 6.1�{,�)(4)J
2.7 Severability [Ordinance B, Section I7J
2.8 Definitions [Ordinance B, 3.2 arcd proposed amendrnentsJ
SECTION 3.O ESTABLISHMENT OF ZONING DISTRICTS
3.1 Districts �'proposed Drdinance B, 6.17(B)(I)J
3.2 Compliance [proposed Ordinr�crcce B, 6.17(B)(3JJ
SECTION 4.0 FLOODWAY DISTRICT (FW) [propOsed Odinance B, 6.17(C))
4.1 Permitted Uses
4.2 Stanctards for Floodway Permitted Uses
4.3 Conditional iJses
4.4 Standards for Floodway Conditional Uses
SECTION 5.0 FLOOD FRINGE DISTRICT (FF) [not included, no FF uses perminedJ
5.1 Permitted Uses
5,2 Standards for Flood Fringe Permitted Uses
5.3 Conditional Uses
5.4 Standards for Flood Fringe Conditional Uses
5.5 Standards for All Flood Fringe Uses
SECT�ox 6.0 Reserved for Future Use [not applicableJ
' SECTION 7.� SUBDIVISIONS
7.1 Land Suitability Review Criteria[proposed Subdivisian 5.6 Subdivision
Ordinance,J
7.2 Removal of Sgecial Flood Hazard Area Desig-nation[proposed Ordinance B,
6.17 (E}J
SECTION 8.0 UTII.,TTIES, RAII.ROADS, ROADS, AND BRIDGES jproposed Ordinmzee B, 6.17
(C.�.e)J
8.1 Public Utilities
8.2 Public Transportation Facilities
8.3 On-site Sewage Treatment and Water Supply Systems
SECTION 9.O A/1ANUFACTURED HOMES/TRAVEL TRAILERS AND TRAVEL VEHICLES [TtOt
included, not perminedJ
9.1 New Manufactured Home Parks
9.2 Repla.cement 1Vlanufactured Homes - Fxisti:ng Parks
9.3 Travel Trailers / Travel Vehicles
SECTION 10.0 ADMINISTRATION
10.1 Zoning Administrator jOrdinance B, 14.IJ
10.2 Permits, Certification Requirements, and Record Keeping [proposed
Ordinance B, 6.17(E)I
10.3 Appeals and Variances / Duties of the Board of Adjustment[Ordinance B,
Section 15.2 and proposed Drdinance B 6.17(D)J
10.4 Conditional Uses - Standards and Evaluation Procedures [proposed 4rdinance
B, 14.I1J
SECT�ox 11.0 NoNcox�oxMn�rG Us�s [Ordinance B, Section 13 - more resmctiveJ
SECTION 12.0 PENALT�S FOR VIOLATION [Ordinance B, Seetion 14.2]
SECTION 13.0 AtvtEt�mMElvTs [proposed Ordinance B, Section 6.17(FJJ
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November 12, 1992
THE CITY COUNCII. OF THE CTTY OF ROSEMOUNT, 11/l.INNESOTA ORDAINS AS FOLLOWS:
SECTION 1. SeCtiOri 3.2 Of ORDINANCE B - CITY OF ROSEMOUNT ZONING ORDINANCE
is amended by adding the follawing:
SECTION 3.2 DEF7NITTONS
Flood Plain Conditional Use: A specific type of structure or land use that may be allowed
in the Flood Plain, but only after an in-depth review procedure and with appropriate
conditions or restrictions as provided in the official zoning controls or building codes and
upon a finding that: (1) certain conditions as detailed in the zoning ordinance exist and (2)
the structure and/or land use conform to the comprehensive land use plan if one e�cists and
aze compatible with the existing neighborhood.
Equal Degree of Encroachment: A method of determiining the locatian of floodway
boundaries so that the hydraulic capacity of flood plain lauds on each side of a steam are
calculating proportionate increases in flood stages.
Flood: A temporary rise in stream flow or stage that results in inundation of areas adjacent
to the channel.
Flood Frequency: The frequency for which it is expected that a specific flood stage or
discharge may be equalled or exceeded.
Flood Plain: The areas adjoining a watercourse, which have been or hereafter may be
covered by the regional flood.
Flood Proofin�: A combination of structural provisic�ns, changes or adjustments to
properties and structures subject to flooding primarily for the reduction or elimination of
flood damages.
Floodwav: The bed of a wetland or laice and the channel of the watercourse and those
portions of the adjoining flood plains which aze reasonably required to carry and or store the
regional flood discharge.
Obstruction: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection,
excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill,
structure, or matter in, along, across, or projecting into any channel, watercourse, or
regulatory flood hazard azea which may impede, retard, or change the direction of the flow
- of water, either in itself or by catching or collecting debris carried by such water, or that is
placed where the flow of water might carry the same downstream to the damage of life or
Pr�P�m'•
Reach: A hydraulic engineering term to describe a longitudinal segment af a stream or river
influenced by a natural or man-made obstruction. In an urban area the segment of a stream
or river between two cansecutive bridge crossings would most rypically constitute a reaeh.
Regional Flood: A flood which is representative of lazge floods known to have occurred
generally in Minnesota and reasonably characteristic of what can be expected to occur on an
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ear recunence interval. Regional Flood is
average frequency in the magnitude of the 100 y
synonymous with the term "base flood" as userl in the Flood Insurance Study.
Re lato Fl od Pr tection Elevati n: Aii elevation not lesc���flo�be ght�e water
surface grofile associated with the regional flo�od P�u S�e evation to which uses regulated
attributable to encroachments on the flood p
by this Ordinance aze required to be elevat�ed or fload-proofed.
SECTION 2. Section 4.1 Of ORDINANCE B - CITY OF ROSEMOUNT ZONING ORDINANCE
is amended by adding the follow�.ng:
Section 4.1 Sco e and Inte retation
c. Abr ation and eater Restrictio It is not intendeii bY this �r��w ve r wh ea�Sgate,
or unp any existing easements, covenants, or dee� restrictio
Ordinance imposes greater restrictions, the provisions of this Ozdinance sha11 prevaiL All
other ordinances inconsistent with this Ordinance are hereby repealed to the extent of the
inconsistency only. _
SECTION 3. SeGtiOri E).17 of ORDIN�C� B - CTTY OF ROSEMOUNf ZONING
p���cE is amended to read as follows:
SECTION 6.17 FP FLOOD PLA.IN DISTRICT
A. Intent. The Flood Plain District is designed to provide Flto�o�d�1a�a an=g 03F anci 462)1 The
Rosemount in accordance with the policies of Mmnesota S � � oses of
intent of the Flood Plain district is to regulate the h��and afety hazardse d sruption of
reducing the risk of loss af life, loss of property, ublic ex enditures for flood protection and
commerce and goveznmental services, extraord'unary p P
relief, and impairment of the ta�c base, all of which adversely affect the public health, safety,
and general wel�are.
B. General Pravisians
1. Establishment Of ZoninQ District. The flood plain ar Pwl�e boundariestof th s district
ordinance are hereby designated Flood Plain D he O�,(Fi� Zoning Map together with all
shall be shown on the Official Zoning Map. . _
materials attached thereto is hereby adopt�lude the Flood Insuran eStudy for the Ciry of
ordinance. 1fie attached materials shall in 1980, and the
Rosemount prepared by the Federal InsuranculAd 6 ini9$�atiana Floodway Insurance Rate
Flood Boundary and Floadway Map, dated J y �
Map, dated July 16, 1992. The floodway �d��e lood Plain Zoning1Di tr�on��Fload
Boundary Map comprise the area designated as
Official Zoning Map. A copy of the Official Zoning Map and all other maps referenced.
herein shall be on file in the Office of the City Clerk.
2. Rules for Inte retation of Flood Plain District B und • The b�S�tan s on thelOffi c�in
District establisheii by this section shall be determined by scaling
Zoning Map. Where interpretation is needed as to the exact location of the boundary of the
district as shown on the Official Zoning Map or there is a conflict between a mappetl
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uses shall be p
ermitted upon
it subject to the procedures and standards set forth in
2. ses Permitted b Conditi nal nsle Per�nit The following if�e will cause any
These uses sha11 not be permitted y e in the
issuance of a conditional use Per otential for fl�od d�ag
gection 14.11 of this Ordinanceonal floo��L increase the p
increase in the stage of the reg
reach or reaches a��t�•
' n and storage of sand, gravel, and other materials.
a, Extractio w��,es, and water control stru��r�.
b, Niarinas, boat rentals, docks, piers,
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boundary and actual field conditions, the planning Commission shall make the necessary
interpretation. All decisions will be based on elevations on the regional (100 year) flood
profile and other available technical data. T'he person contesting the location of the district
boundary shall be given a reasonable opportunity to present their case to the I�lanning
Commission and to submit technical evidence.
3. Compliance No new structure orland shall hereafter be used and no structure shall be
located, extended, converted, or structurally altered without full compliance with the terms
of Section 6.17 and other applicable regv,lations which apply to uses within the jurisdiction
of this Ordinance. Within the Flood Plain District, ail uses not listeti as permitted uses or
conditional uses shall be prohibited. In addition, a caution is provided here that:
a. Modifieations, additions, structural alterations or repair after damage to existing
nonconforming structures and nonconforming uses of structures or land are regulated by
the general provisiQns of Section 6.i7 and specifically Subsection C; and ,
b. 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 or azchitect as specified in the general provisions of this Section
- and specifically as stated in Section 14.11.
4. Warnin�and Disctaimer of Liabilitv, This section daes not imply that azeas outside the
flood plain district or land uses pemutted within sueh districts will be free from flooding or
flood damages. This section shall not create liability on the part of the Ciry or any afficer
or employees for any flood damages that result from reliance on this section or any
, administrative decision lawfully made thereunder.
C. FP Flood Plain District
1. Uses,Permitted by Ri�ht The following uses shall be permitted within the Floodway
District. These uses shall not obstruct flood flows or increase flood elevations. In addition,
these uses shall not invalve structures, fill, obstructions, excavations or storage of materials
or equipment.
a. Agricultural uses such as general fazming,pasture grazing, outdoor plant nurseries,
horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting.
b. Private and public recreational uses such as golf courses, tennis courts, driving ranges,
archery ranges, picnic grounds, baat launching ramps, swimming areas, parks, wildlife
and nature preserves, game farms, fish hatcheries, shooting ranges, hunting and fishing
azeas, and single or multiple purpose recreational trails.
c. Residential uses such as lawns, gardens, pazking areas, and play areas.
d. Industrial-commercial loading and parking azeas.
2. Uses Permitted bv Conditional Use Fermit The following uses shall be permitted upon
issuance of a conditional use permit subject to the procedures and standards set forth in
Section 14.11 of this Ordinance. These uses shall not be permitted if they will cause any
increase in the stage of the regional flood or increase the potential for flood damage in the
reach or reaches affected.
a. Extraction and storage of sand, gravel, and other materials.
b. Marinas, boat rentals, docks, piers, wharves, and water control structures.
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c. Railroads, streets,bridges, utility transmission lines, and pipelines.
d. Storage yards for equipment, machinery, or materials. .
e. Structures acc�ssory to the uses listed above in Section 6.17(D)(1) and (2).
f. Placement of fill.
3. Additional Standards for Flood Plain Conditional Uses
a. Standards for Fill:
Ij Fill, dredge spoil and all other similar materials deposited or stored in the flaad
plain shall be protected from erosion by vegetative cover, mulching, riprap or other
acceptable method.
2) Dredge spoil sites and sand and gravel operations shalt not be allowed in the
floodway unless a long-term site development plan is submitted which includes an
erosion/sedimentation prevention element to the plan,
3} As an altemative, and consistent with Subsection 2) immediately above, dredge spoil
disposal and sand and gravel operations�may allow temporary, on-site storage af fill
or other materials which would have caused an increase to the stage of the 100-year
or regional flood but only after the Planning Commission has received an
appropriate plan which assures the removal of the materials from the floodway based
upon the flood warning tirne available.
b. Standards for Structures:
1) Structures shall not be designed for human habitation.
2) Structures, if permiited, shall be constructed and placed on the building site so as to
offer the minimum obstruction to ttie flow of flood waters:
(a) Whenever possible, structures shall be canstructed with the longitudinal axis
parallel to the direction of flood flow, and,
(b) so faz as practicable, structures shall be placed approximately on the same flood
flow lines as those of adjoining structures.
(c) Accessory structures shall be elevated on fill or structurally dry flood-proofed in
accordance with the FP-1 or FP-2 flood proofing classifications in the State
Building Code. As an alternative, an accessory structure may be flood-proofed
to the FP-3 or FP-4 flood proofing classification in the Sta.te Building Code
provided the accessory structure constitutes a minunal investment, does not
exceed 50(} square feet in size, and for a detached garage, the detached garage
- must be used solely far parking of vehicles and limited storage. All flood-
proofed accessory structures must meet the follawing additional standards, as
appropriate:
{1) The structure must be adequately anchored to prevent flotation, collapse, or
lateral movement of the structure and sha11 be designed to equalize
hydrostatic flood forces on exterior walls; and
(2) Any mechanical and utility equipment in a structure must be elevated to or
above the Regulatory Flood Protection Eteuation or properly flood-proofed.
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c. Standards for Stora�e of Materials and Eauinrnent:
1) The storage or processing of materials that are, in time of flooding, flammable,
explosive, ar potentially injurious to human animal, or plant life is prohibited.
2) Storage of other materials or equipment may be allowed�f�r�acco dance witli am
the area within the time available after a flood warning
plan approved by the Planning Commission.
3) No garbage and waste disposal sites shall be issued for floadway areas and there
shall be no further encroachment upon the floodway at existing sites.
d. Standards for Fiood Control:
1) Siructural works for flood coatrol that will change the course, cunent or cross
section of protected wetlands or public waters shall be subje�t to the provisions of
Minnesota Statute, Chapter 105. CommunitY-wide structural works for flvod control
intended to remove azeas from the regulatory flood plain shall not be allowed in the
floadway.
2) A levee, dike or floodwall constntcted in the floodway shall not cause an increase to
the 100-yeaz' oi regional flood and the technical analYsis must assume equal
conveyance or storage loss on both sides of a sueam.
e. Standards for Public Utilites Railzoads Roads and Bridges:
1) Public Utilities. All public utilities and facilities such �gbe flo d 1 oofed n� �a
water supply systems to be located in the flood plam sh P
accordance with the State Building Code or elevated to above the Regulatory Flood
Protection Elevation.
� 2) Public Transvortation Facilities. Railroad tracks, roads, and bridges to be located
within the flood plain shall comply with Sections 4.0 and 5.0 of this Ordinance.
Elevation to the Regulatory Flood Protection Elevation shall be provided where
failure or interruption of these transportation facilities would result in danger to the
public health or safety or where such facilities are essential to the orderly
functioning of the azea. Minor or auxiliary roads or railroads may be constructed at
a lower elevation where failure or interruption of transportation services would not
endanger the public health or safety.
3) On site Sewa�e Treatment and Water Sunnlv S�stems. Where public utilities are not
providerl: 1) On-site water supply systems must be designed to minimize or
" eliminate infiltration of flood waters into the systems; and 2) new or replacement on-
site sewage treatment systems must be designed to minimize or eliminate infiltration
of flood waters into the systems and discharges from the systems into flood waters
and they shall not be subject to impairment or contaznination during times of
flaoding. Any sewage treatment system designed in accordance with the State's
current statewide standards for on-site sewage treatment systems shall be determined
to be in compliance with this Section.
D. Variances. The variance provisions in Section 15.2 of this Ordinance shall apply to this
Section, in addition to the following findings:
1. No vaziance shall provide for a lesser degree of flood protection than the Regulatory Flood
protection for the particulaz area or permit standards lower than thosa required by state law.
� .
2. Notice of any application for a variance shall be submitted to the Commissioner of Natural
Resources at least ten (10) days prior to the date of hearing on the vaziance. Such notiee
shall specify the ttme, place and subject matter of the hearing and shall be accompanied by
such supporting infarmation as is necessary to indicate the nature and effect of the proposed
use. A copy of atl decisions granting a variance under this section shall be forwarded to the
Commissioner of Natural Resources within ten (la) days of such action.
E. Flood Insurance Notice and Record Keeging. The Zoning Administrator shall notify the
applicant for a vaziance that.
1. The issuance of a variance to construct a structure below the base flood level will result in
increased premium rates for flaod insurance up to amounts as high as $25 foz $100 of
insurance coverage; and
� 2. Such construction below the one-hundred (1(}0) year or regional flood level increases risks to
life and properry. Such notification shall be maintained with a record of all vaziance
actions. A community shall maintain a record of atl variance actions, including justificatian
for their issuance, and report such vaziances issued in its annual or biennial report submitted
to the Administrator of the National Flood Insurance Program.
F. Amendments to Section 6.17. The Flood Plain designation on zoning maps shall not be
removed from flood plain azeas unless it can be shown that the designation is in error ar that the
areas are filled to an elevation at or above the flood protection eievation and aze contiguous to
other lands lying outside the flood plain district. Speciai exceptions to this rule may be
permitted by the Commissioner of Natural Resources if he determines that, through other
measures, lands are protected adequately for the intended uses.
� All amendments must be submitted to and approved by the Cammissioner of Natural Resources
prior to adoption. Changes in the OfFicial Zoning Map must meet the Federal Emergency
Management Agency's (FEMA) Technical Conditions and Criteria and must receive prior
FEMA approval before adoption. The Commissioner of Natural Resources must be given ten
(10) days written notice of all heazings to consider an amendment to this Ordinance, and sazd
notice shall include a draft of the ordinance amendment or technical study under consideratian.
All requests to change a sgecial flood hazard azea designation shall meet the criteria established
by the Federal Emergency Management Agency. �
SECTION 4. Section 14 ADMINISTRATION AND ENFORCEMENT of ORDINANCE B - CITY
oF RosENtovNr Zo�xG O�tnIN�tcE is amended by adding the following;
SECTION 14.11 FLOOD PLAIN DISTRICT CONDTTIONAL USES
A. Application. The Planning Commission shall hear and decide applications for Conditional Uses
permissible under Section 6.I7, Flood Plain District. Applications shall be submitted to the
Planning Department and forwarded to the Planning Commission for consideration. The
applicant shall furnish the following information as deemed necessary by the Planning
Department for determining the suitabiliry of the particular site for the proposed use:
1. Plans in triplicate drawn to scale prepazed by a registered engineer showing the nature,
location, dimensions, and elevation of the lot, existing or proposed structures, fiil, starage of
materials, flood-proofing measures, and the relationship of the above to the location of the
stream channel and meeting all other requirements of Section 14.4 (B) SrrE Pi.art
Co1�rr�rrrs, of this Ordinance.
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2) Specifications for building construction and materials, flood-proofing, filling,
dredging, grading, channel improvement, storage of materials, water supply, and
sanitary facilities.
The City Engineer or designee shalt evaluate the proposed project in relation to flood heights
and velocities, the seriousness of flood damage to the use, the adequacy of the plans for
protection, and other technical matters. Based upon the techrucal evaluation, the Planning
Commission shall determine the specific flood hazazd at the site and evaluate the suitability of
the proposed use in relation to the flood hazard.
B. Factors Considered. In reviewing Conditional Use applications, the Planning Comtnission shall
consider all relevant factors specified in other sections of this Ordinance and:
1. The danger to life and property due to increased flood heights or velacities caused by
encroachments.
2. The danger that m.aterials may be swept onto other lands or downstream to the injury of
others or they may block bridges, culverts, or other hydraulic structures.
3. The proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination, and unsanitary conditions.
4. The susceptibility of the proposed faciliry and its contents to fl4od damage and the effect
of such damage on the individual owner.
5. The importance of the services provided by the proposed facility to the community.
6. The requirements of the facility for a waterfront location.
. 7. The availability of alternative locations not subject to flooding for the proposed use.
8. The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future.
9. The relationship of the proposed use to the comprehensive plan and flood plain
management program for the area.
10. The safety of access to the property in times of flood for ordinary and emergency
vehicles.
11. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood
waters expected at the site.
12. Such other factors which aze relevant to the purposes of this Ordinance.
C. Public Hearin�s. VJithin sixty (60) days from the date of application for conditional use
permit, the Planning Department shali submit the application to the Planning Commission. The
Commission shall set a time for public hearing and give the applicant at least l0 days written
notice thereof. Notice of the hearing shall be published at least ten (10) days prior ta the
hearing and notice shall be mailed to each property owner within 1/4 mile of the affected
ProPertY•
D. Decisions. The Planning Commission shall render its written decision on a Conditional Use
permit within 30 days following the public hearing. In granting a Conditional Use Permit the
Planning Commission may prescribe appropriate conditions and safeguards which aze in
conformity with the purposes of this Section. The Conditional Use Permit must be title
registered with the property in the O�ce of the County Recorder.
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E. Subject to Appeal. All decisions by the Planning Commission granting ar denying a
Conditional Use Permit shall be final subject to appeal to the City Council as outlined in Section
15.3 of this Ordinance.
F. Notify Commissioner of Naturai Resources A copy of the application for the propased
conditional uses shall be submitted to the Commissioner of Natural Resources s�fficiently in
advance so that the Commissioner will receive at least ten (10) days notice of the hearing. A
copy of atl decisions granting conditianal use permits shall be forwarded to the Commissioner of
natural resources within ten (10) days of such action.
G. Conditions Imposed. The Pianning Commission may attach such conditions to the granting of
Conditional Use Permits deemed necessary to fulfill the purposes of this Ordinance. Such
conditions may include, but are not lim.ited to the following:
f. Modification of waste treatment and water supply facilities.
Z. Limitations on period af use, occupancy, and operation.
3. Imposition of operational controls, sureties, and deed restrictions.
4. Requuements for construction of channel modifications, compensatory storage, dikes,
levees, and other protective measures.
5. Flood-proofing measures, in accordance with the State Building Code and this Ordinance.
The applicant shall submit a plan ar document certified by a registered professional engineez
or architect that the flood-proofing measures are consistent with the Regutatory Flvod
Protection Elevation and associated flood factors for the particular area.
H. Violation of Conditional Use Permit. Violations of conditions and safeguards, when made a
part of the terms under which the Conditional Use Pezmit is granted, shall be deemed a violation
of this Ordinance punishable under Section i4.2 of this�rdinance.
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CrrY OF RosnvtotnvT
ORnnvatvcE No. XVII.102
AN ORDINANCE AMENDING ORDINANCE NO. XVII.4
$UBDTVISION ORDINANCE
T� CiTY COUNGII. OF TfiE CTI'1' OF ROSEMOUNT, T/SINNESOTA ORDAINS AS FOLLOWS:
SEGTION I. Subdivision S SUBDIVISION DFSIGN STANDARDS of Ordinance XVII.4,
Citv of Rosemount Subdivision Ordinance is amended by adding the following:
SttsD. S.9 �'�[.00n P�v REQuut�t�tv�'s. Land within the Flood P1ain District of
Ordinance B with flaoding potential, inadequate drainage, lack of water supply and/or
unacceptable sewage treatment facilities shall not be subdivided. All subdivisions shall have
water and sewage treatment facilities that comply with the provisions of this Ordinance and
with all other applicable city, county, and state regulations. Road access to the subdivision
and individual parcels within the subdivisian sball be no lower than twt� (2) fe�t below the
`Regulatory Flood Protection Elevatian. The Regulatory Flood Proteciion Elevation and the
required elevation of all access roads shall be clearly labelled on alt required subdivision
drawings and platting documents.
S�CT�oN II. This ordinance sha11 be effeetive immediately upon its passage and
publication according to law.
CITY OF ROSEMOUNT
E.B. McMenomy, Mayor
ATTEST:
Susan M. Walsh, City Clerk