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City of Rosemount
Executive Summary for Action
City Council Meeting Date: January 19, 1993
Agenda Item: Flood Plain Ordinance Agenda Section:
Revisions PUBLIC HEARING
Prepared By: Lisa Freese Agenda �p p �
o Director of Planning S1/0
Attachments: Model Ordinance Reference; Approved By:
Proposed Flood Plain Ordinances; Hearing '
Notice; Mailing List; Map. " ,
`f�z
Attached you will find the proposed text amendments to' the City of
Rosemount' s Zoning and Subdivision Ordinances pertaining to Flood
Plain management. The intent of these text amendments is to bring the
City of Rosemount' s F1ood Plain section of its ordinances into
compliance with the state and federal standards.
These text amendments incorporate the Minnesota Department of Natural
Resource' s model ordinance into our current ordinances. The revisions
are generally minor in detail. However, there is a sign.ificant
change: if adopted, the City will require Conditional Use Permits for
certain uses in the Flood Plain District. As Planning staff has
proposed, Conditional Use Pezmit Review would be conducted and
approved by the Planning Commission. This would be comparable to the
Site Plan Review and Variance functions currently handled by the
Planning Commission.
The area hydrologist for Dakota County from the Department af Natural
Resources (DNR.) , Pat Lynch, has reviewed the City' s proposed
amendment. Planning staff has anade the changes that he suggested and
he has forwarded the ordinance to the DNR staff responsible for
determining the adequacy of the ordinance for the Federal Emergency
Management Agency (FEMA) . Hopefully, this review will be completed by
Tuesday night.
The Planning Commission has reviewed these amendments on several
o�casions and on January 12, 1993 recommended approval .
Recommended Action: A MOTION to adopt Ordinance No. XVII.102 Ax
ORDINANCE AMENDING ORDINANCE N0. XVII.4 - SLTBDI�TISION ORDINANCE c�T1C�.
Ordinance No. B-2 5 AN ORDIN.ANCE AMENDING ORDINANCE B - CITY OF ROSEMOUNT
ZONING ORDINANCE.
City Council Action:
01/19/93.001
, ,
November 12, 1992
DNR MODEL - CITY OF ROSEMOUNT
COMPARISON TABLE
Two District Flood Plain Management Ordinance
Two-Map Format
TABLE OF CONTENTS
SECTION 1.0 STATiTTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE [proposed
6.17(A) IntentJ
l.l Statutory Authorization
1.2 Findings of Fact
1.3 Statement of Purpose -
SECTION 2.0 GENERAL PROVISIONS �
2.1 Lands to Which Ordinance Applies � }
2.2 Establishment of Official Zoning map } t�'�°s�o„�e a,6.17(B)I)J
2.3 Regulatory Flood Protection Elevation [proposed Ordinance B, 3.2J
2.4 Interpretation jproposed Ordinance B, 6.17(B)(2)]
2.5 Abrogation and Greater Restrictions [proposed Ordincznce B, 4.1(c)J
2.6 Warning and Disclaimer of Liability [proposed Ordinance B, 6.17(B)(4)J
2.7 Severability [Drdinance B, Section 17J
2.8 Definitions �Ordinance B, 3.2 and proposed amendmentsJ
SECTION 3.O FSTABLISHMENT OF ZONING DISTRICTS
3.1 Districts [proposed Ordinance B, 6.17(B)(1)J
3.2 Compliance [proposed Ordinrznce B, 6.17(BJ(3)J
SECTION 4.0 FLOODWAY DISTRICT (FW) [proposed Odinance B, 6.17(C)�
4.1 Permitted Uses
4.2 Standards for Floodway Permitted Uses
4.3 Conditional Uses
4.4 Standards for Floodway Conditional Uses
SECTION S.O FLOOD FRINGE DISTRICT (FF� �nOt li2Cll�CQ�, no FF uses permittedJ
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
SECTION 6.0 Reserved for Future Use [not applicableJ
SECTION 7.� SUBDNISIONS
7.1 Land Suitability Review Criteria [proposed Subdivision 5.6 of Subdivision
OrdinanceJ
7.2 Removal of Special Flood F�Iazard Area Designation [proposed Ordinance B,
6.1�(E)I
SECTION 8.0 UTILTTIES, RAII.ROADS, ROADS, � BxxIDGEST [proposed Ordinance B,
6.17(C.1.e.)J
8.1 Public Utilities
8.2 Public Transportation Facilities
8.3 On-site Sewage Treatment and Water Supply Systems
SECTION 9.0 MANLTFACTURED HOMES / TRAVEL TRAII.ERS AND TRAVEL VEHICLES [not
included,• not permittedJ
9.1 New Manufactured Home Parks
9.2 Replacement Manufactured Homes - Existing Parks :
9.3 Travel Trailers / Travel Vehicles
SECTION lO.O ADMINISTRATION
10.1 Zoning Administrator {Ordinance B, 14.IJ
10.2 Permits, Certification Requirements, and Record Keeping [proposed Ordinance
B, 6.17(E) (D) & (E)1
10.3 Appeals and Variances / Duties of the Board of Admustments [4rdinance B,
Section 1 S.2 and proposed Ordinance B 6.17(D)J
10.4 Conditional Uses - Standards and Evaluation Procedures [proposed Ordinance
B, 14.11J
SECTION 11.0 NoNCONFORMING USES [Ordinance B, Section 13 - more restrictive]
SECTION 12.0 PENALTIES FOR VIOLATION [Ordinance B, Section 14.2]
SECTION 13.0 ANtEt�tvMErr'rs (proposed Ordinance B, Section 6.17(F)J
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CITY OF ROSEMOUNT
OxnIN�vCE NO. XVII.102
AN ORDINANCE AMENDING ORDINANCE NO. XVII.4
SUBDIVISION ORDINANCE
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS AS
FOLLOWS:
SECTION I. SECTION 5 SUBDIVISION DESYGN STANDARDS of Ordinance
XVI7.4, City of Rosemount Subdivision Ordinance is amended by adding the
following:
SUBD. 5.9. FLOOD PLAIN REQUIREMENTS. Land within the Flood
Plain District of Ordinance B with flooding potential, inadequate dra.inage, lack
of water supply and/or unacceptable sewage treatment facilities shall not be
subdivided. All lots within the Flood Plain District shall cantain a building site
at or above the Regulatory Flood Protection Elevations. 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 subdivision
shall be no lower than two (2) feet below the Regulatory Flood Protection
Elevation. The Regulatory Flood Protection Elevation and the required
elevation of all access roads shall be clearly labelled on all required subdivision
dra.wings and platting documents.
SECTION II. This ordinance shall be effective immediately upon its
passage and publication according to law.
CITY OF ROSEMOUNT
E.B. McMenomy, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Published in the Farmington Independent this day of 1993.
,
City of Rosemount
Ordinance No. B-25
AN ORDINANCE AMENDING ORDINANCE B
4 CITY OF ROSEMOUNT ZOI�TING ORDINANCE
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS AS FOLLOWS:
SECTION I. SeCtion 3.2 Of ORDINANGE B - CITY OF ROSEMOUNT ZONING
O�nv,�rtcE is amended by adding the following:
SECTION 3.2 DEFINITIONS
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 exists and are compatible with the e�cisting neighborhood.
ual Degree of Encroachment: A method of determining the location of floodway
boundaries so that the hydraulic capacity of flood plain lands 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 Fr uency: The frequency for wluch it is expected that a specific flood stage
or discharge may be equalled or exceeded.
Flood Plain: The areas adjoining a watercourse, wluch have been or hereafter rnay be
covered by the regional flood.
Flood Proo�ng: A combination of structural provisions, changes or adjustments to
properties and structures subject to flooding primarily for the reduction or elimination
of fload damages.
Floodwav: The bed of a wetland or lake and the channel of the watercourse and those
portions of the adjoining flood plains which are 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 area 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 property.
Reach: A hydraulic engineering term to describe a longitudinal segment of 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 consecutive bridge crossings would most
typically constitute a reach.
Regional Flood: A flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be expected
to occur on an average frequency in the magnitude of the 100 year recurrence intervaL
Regional Flood is synonymous with the term "base flood" as used in the Flood
Insurance Study.
Regulatory Flood Protection Elevation: An elevation not less than one foot above
the water surface profile associated with the regional flood plus any increases in flood
heights attributable to encroachments on the flood plain. It is the elevation to which
uses regulated by this Ordinanee are required to be elevated or flood-proofed.
SECTION II. Section 4.1 of ORDINANCE B - CITY OF ROSEMOUNT ZONING
OxDn�t�rcE is amended by adding the following: �
SECTION 4.1 SCOPE AND INTERPRETATION
c. Abr�ation and Greater Restrictions It is not intended by this Ordinance to
repeal, abrogate, or impair any e�sting ea.sements, covenants, or deed
restrictions. However, where this Ordinance imposes greater restrictions,
the provisions of this Ordinance shall prevail. All other ordinances
inconsistent with this Ordinance are hereby repealed to the extent of the
inconsistency only.
SECTION III. Section 6.17 of ORDINANCE B - CITY OF ROSEMOUNT ZONING
O�nv,�vcE is amended to read as follows:
SECTION (.17 FP FLOOD PLAIN DISTRICT
A. Intent. The Flood Plain District is designed to provide Flood Plain Management
for the City of Rosemount in accordance with the policies of Minnesota Statutes
(Chapters 103F and 462), The intent of the Flood Plain district is to regulate the
flood hazard areas far the purposes of reducing the risk of loss of life, loss of
property, health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and relief, and
unpairment of the tax base, all of which adversely affect the public health, safety,
and general welfare.
B. General Provisions
1. Establishment Of Zoning. District. The flood plain areas within the jurisdiction
of this ordinance are hereby designated Flood Plain District (FP). The
boundaries of this district shall be shown on the Official Zoning Map. The
Official Zoning Map together with all materials attached thereto is hereby
adopted by reference and declared to be a part of this ordinance. The attached
2 � �
carried by such water, or that is placed where the flow of water might carry the same
downstream to the dama�;; of life or property.
Reach: A hydraulic engin�ering terrn to describe a longitudinal segment of 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 consecutive bridge crossings would most
typically constitute a reach.
Regional Flood: A flood which is representative of large floods known to have
occurred generally in Minnesota. and reasonably characteristic of what ean be expected
to occur on an average frequency in the magnitude of the 1Q4 year recurrence interval.
Regional Flood is synonymous with the term "hase flood" as used in the Flood
Insurance Study.
Regulatorv Flood Protection Elevation: An elevation not less than one foot above
the water surface profile associa.ted with the regional flood plus any increases in flood
heights attributable to encroachments on the flood plain., It is the elevation to which
uses regulated by this Ordinance are required to be elevated or flood-proofed.
� SECTION II. Section 4.1 of ORDINANCE B - CITY OF ROSEMOUNT ZONING
OxDIlVArrcE is amended by adding the following:
SECTION 4.1 SCOPE AND INTERPRETATION
c. Abro�ation and Greater Restrictions It is not intended by this Ordinance to
repeal, abrogate, or impair any e�cisting easements, covenants, or deed
restrictions. However, where this Ordinance imposes greater restrictions,
the provisions of this Ordinance shall prevail. All other ordinances
inconsistent with this Ordinance are hereby repealed to the extent of the
inconsistency only.
SECTION III. Section 6.17 Of ORDINANCE B - CITY OF ROSEMOUNT ZUNING
O�nvalvcE is amended to read as follows:
SECTION 6.17 FP FLOOD PLAIN DISTRICT
A. Intent. The Flood Plain District is designed to provide Flood Plain Management
for the City of Rosemount in accardance with the policies of Minnesota 5tatutes
(Chapters 103F and 462). The intent of the Flood Plain district is to regulate the
flood hazard areas for the purposes of reducing the risk of loss of life, loss of
property, health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and relief, and
impairment of the tax base, all of which adversely affect the public health, safety,
and general welfare.
B. General Provisions
1. Esta.blishment Of Zonin� District The flood plain areas within the jurisdiction
of this ordinance are hereby designated Flood Plain District (FP). The
boundaries of this district shall be shown on the Official Zoning Map. The
Official Zoning Map together with all materials attached thereto is hereby
adopted by reference and declared to be a part of this ordinance. The attached
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materials shall include the Flood Insurance Study for the City of Rosemount
prepared by the Federal Insurance Administration dated January, 1980, and the
Flood Boundary and Floodway Map, dated July 16, 1980, and Floodway
Insurance Rate Map, dated July 16, 1992. The floodway and the flood fringe
areas delineated on the Flood Boundary Map comprise the area designated as
the Flood Plain Zoning District on the 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 Interpretation of Flood Plain District Boundarv.. The boundary of the
Flood Plain District established by this section shall be determined by scaling
distances on the OfFicial Zoning Map. Where interpretation is needed as to the
exact location of the boundary of the district as shown on the Offieial Zoning
Map or there is a conflict between a mapped boundary and actual field
conditions, the Planning Commission shall make the necessary interpreta.tion.
All decisions will be based on elevations on the regional (100 year) flood
profile and other available technical data. The person contesting the location of
the district boundary shall be given a reasonable opportunity to present their
case to the Planning Commission and to submit technical evidence.
3. 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 Section 6.17 and other applicable regulations
which apply to uses within the jurisdiction of this Ordinance. Within the Flood
Plain District, all uses not listed as permitted uses or conditional uses shall be
prohibited. In addition, a caution is provided here that:
a. 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 Section 6.17 and specifically
Subsection C; and
b. As-built elevations for elevated or flood-proofed structures must be certif'ied
by ground surveys and flood proofing techniques must be designed and
certified by a registered professional engineer or architect as specified in the
general provisions of this Section and specifically as stated in Section
14.11.
4. Warnin� and Disclaimer of Liabilitv. This section does not imply that areas
out`side the flood plain district or land uses permitted within such districts will
be free from flooding or flood damages. This section shall not create liability
on the part of the City or any officer 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 Right The following uses shall be permitted within the
Floodway District. These uses shall not obstruct fload flows or increase flood
elevations. In addition, these uses shall not involve structures, fill, '
obstructions, excavatians or storage of materials or equipment.
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a. Agricultural uses such as general farming, 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, boat launching ramps,
swimming areas, parks, wildlife and nature preserves, game farms, fish
` hatcheries, shooting ranges, hunting and fishing areas, and single or
multiple purpose recreational trails.
c. Residential uses such as lawns, gardens, parking area:s, and play areas.
d. Industrial-commercial loading and parking area.s.
2. Uses Permitted by Conditional Use Permit 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.
c. Railroads, streets, bridges, utility transmission lines, and pipelines.
d. Storage yards for equipment, machinery, or materials.
-- e. 5tructures accessory 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:
1) Fill, dredge spoil and all other similar materials deposited or stored in
the flood plain shall be protected from erosion by vegetative cover,
mulching, riprap or other acceptable method.
2) Dredge spail sites and sand and gravel operations shall not be allowed in
the floodway unless a long-term site development plan is submitted
which includes an erosionisedimentation prevention element to the plan.
3) As an alternative, and consistent with Subsection 2) immediately above,
dredge spail disposal and sand and gra.vel operations may allow
temporary, on-site storage of 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 Comrnissior ,�as received an appropriate plan
which assures the removal of the materials from the floodway based
upon the flood warning time available.
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b. 5tandards for Structures:
1) Structures shall not be designed for human habitation.
2) Structures, if permitted, shall be constructed and placed on the building
site so as to offer the minunum obstruction to the flow of flood waters:
(a) Whenever possible, structures shall be constructed with the
longitudinal axis parallel to the direction of flood flow, and,
(b) so far 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 State Building Code provided -
the accessory structure constitutes a minunal investment, does not
exceed 500 square feet in size, and for a detached garage, the
detached garage must be used solely for parki.ng of vehicles and
limited storage. All flood-proofed accessory structures must meet
the followin�additional standards, as appropriate:
(1) The structure must be adequately anchored to prevent
flota.tion, collapse, or lateral movement of the structure and
shall be designed to equalize hydrostatic flood forces on
exterior walls; and
(2) Any mechanical and utiliry equipment in a structure must be
elevated to or above the Regulatory Flood Protection
Elevation or properly flood-proofed. '
c. Standards for Storage of Materials and Ec�ui�ment:
1) The storage or processing of materials that are, in time of flooding,
flammable, explosive, or potentially injurious to human animal, or
plant life is prohibited.
2) Storage of other materials or equipment may be allowed if readily
removable from the area within the time available after a flood warning
and in accordance with a plan approved by the Planning Commission.
3) No garbage and waste disposal sites shall be issued for floodway areas
and there shall be no further encroachment upon the floodway at
existing sites.
d. Standards for Flood Control:
1) Structural works for flood control that will change the course, current '
or cross section of protected wetlands or public waters shall be subject
to the provisions of Minnesota Statute, Chapter 103G. Community-
wide structural works for flood control intended to remove areas from
the regulatory flood plain shall not be allowed in the floodway.
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2) A levee, dike or floodwall constructed in the floodway shall not cause
an increase to the 100-year or regional flood and the technical analysis
must assume equal conveyance or storage loss on both sides of a stream.
e. Standards for Public Utilities. Railroads, Roads and Brid�es:
1) Public Utilities. All public utilities and facilities such as gas, electrical,
sewer, and water supply systems to be located in the flood plain shall be
flood-proafed in accordance with the State Building Code or elevated to
above the Regulatory Flood Protection Elevation.
2) Public Transportation 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 area. 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 Sewage Treatment and Water Su�lv Systems. Where public
utilities are not provided: 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 contamination during times of
flooding. 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. Permit Requirements.
1. Permit Rec�uired. All permits issued by the City in conformity with the
provisions of this Ordinance shall be secured prior to the erection, addition, or
alteration of any building, structure, or portion thereof; prior to the use or
change of use of a building, structure, or land; prior to the change or extension
of a nonconforming use; and prior to the placement of fill, excavation of
materials; or the storage of materials or equipment within the flood plain.
2. Application for Permit. Application for a perrnit shall be made in duplicate to
the Planning Department and shall include the following where applicable: 1)
plans in duplicate drawn to scale, showing the nature, location, d'unensions,
and elevations of the lot; 2) e�sting or proposed structures, fill, or storage of
materials; and 3) the location of the foregoing in relation to the stream channel.
3. 5tate and Federal Permits. Prior to granting a local permit or processing an
application for a Conditional Use Permit or variance, the Planning Department
shall determine that the applicant has obtained all necessary State and Federal
Permits.
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4. Certificate of Zoning Compliance for a New Altered, or Nonconformine Use.
It shall be unlawful to use, occupy, or permit the use or occupancy of any
building or premises or part thereof hereafter created, erected, changed, '
converted, altered, or enlarged in its use or structure until a Certificate of
Zoning Compliance shall have been issued by the Planning Department stating '
� that the use of the building or land conforms to the requirements of this
Ordinance.
5. Construction and Use to be Provided on Applications. Plans, Perrnits,
Variances and Certificates of Zonin�Com�liance. Permits, Conditional Use
Permits, or Certificates of Zoning Compliances issued on the basis af approved
plans and applications authorize only the use, arrangement, and construction set
forth in such approved plans and applications, and no other use, arrangement,
or construction. Any use, arrangement, or construction at variance with that
authorized shall be deemed a violation of this Ordinance, and punishable as
provided by Section 14.2 of this Ordinance.
6. Certification. The applicant shall be required to submit certification by a
registered professional engineer, registered architect, or registered land
surveyor that the finished fill and building elevations were accomplished in
compliance with the provisions of this Ordinance. Flood-proofmg measures
shall be certified by a registered professional engineer or registered architect.
7. Record of First Floor Elevation. The Planning Department shall maintain a
record of the elevation of the lowest floor (including basement) of all new
structures and alterations or additions to existing structures in the flood plain.
The Planning Department shall also maintain a record of the elevation to which
structures and alterations or additions to structures are flood-proofed.
E. Variances. The variance provisions in 5ection 15.2 of this Ordinance shall apply
to this Section, in addition to the following findings:
1. No variance shall provide for a lesser degree of flood protection than the
Regulatory Flood protection for the particular area or permit standards lower
than those required by state law.
2. Notice of any application for a variance shall be submitted to the Commissioner
of Natural Resources at lea.st ten (10) days prior to the date of hearing on the
variance. Such notice shall specify the time, place and subject matter of the
hearing and shall be accompanied by such supporting information as is
necessary to indicate the nature and effect of the proposed use. A copy of all
decisions granting a variance under this section shall be forwarded to the
Commissioner of Natural Resources within ten (10) days of such action.
F. Flood Insurance Notice and Record Keening. The Planning Department shall
notify the applicant for a variance that:
1. The issuance of a variance to construct a structure below the base flood level
will result in increased premium rates for flood insurance up to amounts as
high as $25 for $100 of insurance coverage; and
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2. Such construction below the one-hundred (100) year or regional flood level
increases risks to life and property. Such notification shall be maintained
with a record of all variance actions. A community shall maintain a record
of all variance actions, including just�cation for their issuance, and report
such variances issued in its annual or biennial report submitted to the
Administrator of the National Flood Insurance Program.
G. Amendments to Section 6.17. The Flood Plain designation on zoning maps shall
not be removed from flood plain areas unless it can be shown that the designation
is in enor or that the areas are filled to an elevation at or above the flood
protection elevation and are contiguous to other lands lying outside the flood plain
district. Special 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 Commissioner 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 hearings to consider an amendment to this Ordinance, and said notice shall
include a draft of the ordinance amendment or technical study under consideration.
All requests to change a special flood hazard area designation shall meet the
criteria established by the Federal Emergency Management Agency.
SECTION IV. Section 14 ADMINISTRATION AND ENFORCEMENT of ORDINANCE
B - CrrY oF RosEMotnv�r Zormv� O�n�rANCE is amended by adding the following:
SECTION 14.11 FLOOD PLAIN DISTRICT CONDITIONAL USES
A. Application. The Planning Commission shall hear and decide applications for
Conditional Uses permissible under Section 6.17, Flood Plain Distriet.
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 determuung the
suitability of the particular site for the proposed use:
1. Plans in triplicate drawn to scale prepared by a registered engineer showing the
nature, location, dimensions, and elevation of the lot, existing or proposed
structures, fill, storage 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) SITE PLAN CONTENTS, of this
Ordinance.
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 shall evaluate the proposed project in relation to
flood heights and velocities, the seriousness of flood damage to the use, the
s
adequacy of the plans for protection, and other technical matters. Based upon the
technical evaluation, the Planning Commission shall determine the specific flood
hazard 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
Commission 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 velocities
caused by encroachments.
2. 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 hydra.ulic
structures.
3. The proposed water supply and sanitation systems and the abiliry of these
systems to prevent disease, contamination, and unsanitary conditions. '
4. The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner.
5. The importance of the services provided by the proposed faciliry to the '
community.
6. The requirements of the facility for a waterfront location. '
7. The availabiliry 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 are relevant to the purposes of this Ordinance."
C. Public Hearings. Within sixty (60) days from the date of application for
conditional use permit, the Planning Department shall submit the application to the
Planning Commission. The Comrnission shall set a time for public hearing and
give the applicant at least 10 days written notice thereof. Notice of the hearing
shall be published at least ten (10) days prior to 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 are in conformity with the purposes of this
9 ,
Section. The Conditional Use Permit must be title registered with the property in
the Office of the County Recorder.
E. Subject to Ap�l. All decisions by the Planning Commission granting or '
denying a Conditional Use Permit shall be fmal subject to appeal to the City
Council as outlined in �Section 15.3 of this Ordinance.
F. Notify Commissioner of Natural Resources. A copy of the application for the
proposed conditional uses shall be submitted to the Commissioner of Natural
Resources sufficiently in advance so that the Commissioner will receive at least ten
(10) days notice of the hearing. A copy of all decisions granting conditional use
permits shall be forwarded to the Commissioner of natural resources within ten
(10) days of such action.
G. Conditions Imposed. The Planning 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 limited to the following:
1 a Mod�cation of waste treatment and water supply facilities.
2. L'unitations on period of use, occupancy, and operation.
3. Imposition of operational controls, sureties, and deed restrictions.
4. Requirements for construction of channel mod�cations, 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 or document certified by a
registered professional engineer or architect that the flood-proafing measures
are consistent with the Regulatory Flood 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 Permit is granted,
shall be deemed a violation of this Ordinance punishable under Section 14.2 of this
Ordinance.
SECTION V. Ordinance No. B, adopted September 19, 1989, entitled City of
Rosemount Zoning Ordinance Map is hereby amended to redesignate the Floodway (FW)
District to the Flood Plain (FP)District.
SECTION VI. The Zoning Map of the City of Rosemount, refened to and
described in said Ordinance No. B as that certain map entitled Zoning Map of the Ciry of
Rosemount, shall not be republished to show the aforesaid redesignation, but the Clerk shall
appropriately mark the said zoning map on file in the Clerk's office for the purpose of
_ indicating the redesignated Zoning District provided for in this Ordinance and all of the notation
references and other information shown thereon are hereby incorporated by reference and made
a part of this Ordinance.
lo
SECTION VII. This ordinance shall be effective immediately upon its passage '
and publication according to law.
Enacted and ordained into an Ordinance this 19th day of January, 1993.
CITY OF ROSEMOUNT
E.B. McMenomy, Mayor
A�sT:
Susan M. Walsh, City Clerk _
Published in the Farmington Independent this day of , 1993.
��
- i�� o osemoun�
PHONE (6l2)4234411 2875-145th Street West,Rosemount,Minnesota MAYOR
FAX (612)4235203 Mailing Address: Edward B.McMenomy
P.O.Box 510,Rosemount,Minnesota 55068-0510 COUNCILMEMBERS
° Sheila Klassen
P���� �TO��^p James(Red)Staats
1\ t,-L Harry Wilicox
Dennis Wippermann
ORDINANCE B, CITY OF ROSEMOLTNT ZONING ORDINANCE TEXT AMENDMENa'S�niNisranToa
Stephan Jiik
SUBDIVISION ORDINANCE, AND THE CITY OF ROSEMOUNT ZONING MAP AMENDMENT
Flood Plain Ord.inance Amendment
TO WHOM IT MA.Y CONCERl\':
NOTICE IS HEREBY GIVEN, the City Council of the City of Rosemount will hold a public hearing
on Tuesday, January 19, 1993 in the Council Chambers of the City Hall, 2875 145th Street West,
beginning at 8:00 p.m. or as soon thereafter as possible.
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, Subdivision Ordinance, and City of Rosemount
Zoning Map. At this Public Hearing the City Council will consider changes to the text of the Zoning
and Subdivision Ordinance regarding the Floodplain District. The proposed Floodplain modifications
have been requested by the Minnesota Department of Natural Resources (DNR) to bring the
Rosemount Flood:�lain Ordinance into compliance with the federal regulations as set out by the
Federal Emergency Management Agency (FEMA). Noncompliance could result in the City's
suspension from the Federal Flood Insiirance program.
The most significant area of noncompliance of Rosemount's existing ordinance regards conditional
uses. The DNR l�as required the City to 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 norn�al business hours of 7:30 a.m. to 4:00 p.m., Monday through Friday.
Persons wishing to speak on these proposed amendments are invited to attend this meeting on
Tuesdav, Tanuarv 19, 1993 at 8:Q0 p.m.
Dated this Sth day of January, 1993.
/�
/✓� � �
usan M. lsh, City Clerk
City of Rosemount
Dakota County, Minnesota
�verr�l�ings �omiveg `U�� CJLosemousl���
�
Flood Plain Ordinance Amendment
Maiiing List
1. State of Minnesota - F Tax 34-01600-010-01
1560 Highway 55 34-01600-010-11
Hastings, MN 55033 34-01600-010-25
34-01600-010-30
34-01600-011-50
34-01600-010-75
34-01700-010-80
34-02100-011-Ol
2. County of Dakota 34-01600-010-60 �
% Parks Department .
1590 Highway 55 '
Hastings, MN 55033
3. Joseph Gores 34-01700-010-01
P.O. Box 6344 34-01700-410-OS
Rochester, MN 55903 34-01700-010-09
34-01700-010-75
4. United States of America � 34-01700-010-11
1590 Highway 55
Hastings, Mn 55033
5. Jerome N. Gores 34-01700-010-13 '
16100 Coates Blvd.
Rosemount, MN 55068
6. Koch Refining Co. 34-01700-010-25
ATTN: Tim Tilma 34-01700-010-27
P.O. Box 2256
Wichita, KS 67201 '
7. Central Farmers 34-01700-010-62
� CF Industries 34-01700-010-70
Salem Lake Drive
Lake Zurich, IL 60047
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FL�OD PLAIN 4RDINANCE
ZONING MAP CHANGE
FLOOD WAY (FW) redesignatd to FLOOD PLAIN (FP) „