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Home My WebLink About6. Flood Plain Ordinance Amendment � ' �€n��t`"�=�;�- •-: - Farmington Independent � city ofRosem°u°t Public Notice` AFFIDAVIT OF PUBLICATION °`��°�B,�ty°f R�e"°°"°`z�°'°g ; Ordin:snce Text Amendment and the City of- Diane Berge, being duly sworn, on oath says that she is an authorized � Ro�m°°°`Z°°`ng t�amena,►,enc agent and employee of the publisher of the newspaper, lmown as The f ��°o��1endme°L Farmington Independent , and has full knowledge of the facts which are I TO WHOM IT MAY CONCERN:� -;' :- •� Stated below: � NOTICE IS HEREBY GIVEN,che Cicy m (A)The newspaper has complied with all of the rec}uirements constituang I Council of the City of Rosemount will hold qualification as a legal newspaper, as provided by Minnesota Statues ' a public heartng on Tue§day,January 19, � 1993 in the Council Chambers of the City 331A.02,331A.07 and other applicable la�vs,as amended. I xat1,2875 145th Street Wes[,beginning at (B)The printed ��r'� . 8:00 p.m.or as soon thereafter as possible. '1�e purpose of this hearing is[o raceive public input and comments on a proposed • v - text amendment to Ordinance B -City of ' Rosemaunt Zoning Ordwance'and Gty of WhiCh iS Stt3ChCCl, wa�cflt from the columns of said�ewspaper, 3rid w3S ; Rosemount Zoning Map:At this Public printed and published once each week for �� Hearing the City Council`will consider suecessive weeks;it was first published on Thursday,thC �l �' changes to the text of the Zoning Ordinance day of , 19�_and was thereafter printed and �esaraing etie Ftooapiain Discr,�c. The , proposed Floodplain modi5cations have published on every hursday, to and including Thursday, ChC � been requested by the Minnesota — day of ----' , 19 — ; and printed Deparuneac of Nawrat Reso�uces(DNR)co below is a copy of the lower case alphabet from A to Z, bOdl 1I1CIllSivC, briag.tlie:.Rosemouot Floqdplain.Qrsiivance . I' into wmpliance with the federal regulations wliich is hereby acl�owledged as beu►� the size ancl kind of�vpe used iii • tlie com osition uid ub11C2ti0II OP t1lC iIOCtCe: ''as set oui tiy.the Fed'era1'Emergency P P ' Management Agency (FEMA). ' Noncompliance couid result in the City's �x�fg�;b�op;�s��-.�x;z I suspension from the Federal Flood ': Insurance ptogram. By. �� The most significant area of` noncompliance of Rosemount's existing . T'ifle:Administrator for the Publisher ordinance regards conditional uses:Thc � DNR has required the _City to have Subscribed and sworn to before me on this �� d1 Of� conditional uses in our Zoning Ordinaace in 19 `��, . Y ' order to permit certain uses within the Floodplain District A complete copy of the� proposed regulations aze on file with the - ,, piaaniug Department and may be viewed by: the general public;at the City offices during NOt3ty Pub11C ' normal business}yours of 7:30 a.m to 4:00 j p.m.,Monday thraugh Friday. AFFIDAVIT Persons wishing to speak oa these proposed amendments are invited to attend I this meeting on�erday,Jan�arv 19. 1993 - t :00 n-m• . r.�.c: C:,v .i._ .- -�cAREK ; ; _, �': Notarti . •cnra Dated this Sth day of Jarivary,1993. ��i� Da�c�.. �...,. �, c^ Susan M.Walsh,City,Clerk My Comr7i Cxp � 15-�0 � „ _ 'City of Rosemount . , Dakota County,A+iianesota � � . ,-.� � � � �� _ �` y "�; �� _ � � . /y . . . . . . . . . . . . .. . . ' . . . . . .. . �.[� . . . . .. � . . . � . .. . � 1 ' �. 1 . . � � . . � . . . . . � . .. .. � . . .. . City of Rosemount Executive Summary for Action �ity Couneil Meeting Date: February 2, 1993 Agenda Item: Flood Plain Ordinance Agenda Sections PUBLIC HEARING Prepar�d BY; Lisa Freese �genda ��n/� � Director of Planning t111 � Attachmentsz DNR Letter, CC Packet Appr ved By: (1/19f92} ; Summary of � Ordinance B-25 . On January 19, 1993 the City Council continued the pub ic hearing on the revisions to the City's Flood P1ain Ordinance. Planning staff requested this continuance to allow the Department of Na�ural Resources (DNR) additi.onal time to complete their review. This week the City was notified that the draft Qrdinance is in compliance with "Statewide Standards and Criteria for Management of F1ood P1ain Areas in Minnesota. �' At this time it would be appropriate ta proceed with adoption of the ordinanee. To become effective, all ordinances or a summary of an ordinance must be published in the official City newspapex. This ordinance revision is quite lengthy, so planning staff prepared a summary of this amendment far official publication. Staff requests that the City Council approve this summary. Recommended Action: A MOTION to adopt Ordinance No. XVII.102 Arr ORDINANGE AMENDING ORDINANCE NO. XVII.4 - SUBDIVISION ORDINANCE and Ordinance No. B-2 5 AN ORDINANCE AMENDING ORDINANCE B - CITY OF ROSEMflUNT ZONING ORDINANCE. A MOTION to approve the summary of the contents of Ordinance B-25 for official publication, City Council Action: 02J02l93.001 f � ORn�1vv.�vCE B-25 • CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING (3RDINANGE B - CITY OF ROSEMOLTIVT ZONING ORDIAIANCE The City Council of the City of Rosemount, Minnesota ordains as follows: A SUMtVIARY OF Ti� CONTENTS OF ORDINANCE B-25 The City Council of the City of Rosemount on February 2, 1993 adopted an amendment to the Zoning Ordinance Flood Plain Regulatio�s in the City of Rosemount. This summary, approved by the Rosemount City Council on February 2, 1993 provides a brief description of the Flaod Plain Section of the Zoning �rdinance. Printed copies of the entire text af the Zoning prdinance and tlus amendment are available, far sale or inspection, at the Rosemount City Hall during regular business hours. SEc�oN 3.2 (DE�rx�TTONS1 Defuutions related to Flood Piain $ection 6.17 were added to the Defuutions in the ordinance. 5EC�[ort 6.17 (A) (IrrrErrr) This subsection identifies the intent of the FP Flood P1ain District. SECTION 6.17 (B) (GE1vEit�, P1tOvisioNs) This subsection establishes the zoning district, rules for boundary interpretation, compliance, and other general provisions. SECTION 6.17 (C) (F�' Fioon P�,�t Drs�t'tttCT) This subsection sets forth the uses permitted by right, uses permittect by Conditional Use Permit, and standards associated with the uses. SECTION 6.17 (D) (FE�[Ts) This subsection sets forth xhe permit requirements and procedures in the Flood Plain District. SECTroN 6.17 (E) (V�NCES) fihis subsection identifies the additional findings required for variances in the Fload Plain District. SECTION 6.17 (F+) (FLOOD IN�CTRANCE NOTICE AND REC4RDKEEPING) 'rhis subsection establishes the recordkeeping and reporting requirements required of the City by the National Flood Insuranee Program. SECTTQN 6.17 (G} (A�rmMErrrs) This subseetion ident�es the steps required by the City to amend the Flood Plain map or ordinance. SECTTON 14.11 (F'LooD Pr.�nv Cormrrio�v�, UsEs) This section establishes the procedures and criteria for review, public hearing, and approval of Conditional Use Permits in the Flood Plain District. The effective date of this ordinance shall be after its passage and publicatian according to law. Published in the Farmington Independent this day of , 1993. STATE OF U�J U V 15 c�7��[1=,� DEPARTMENT OF NATURAL RESOURCES 500 LAFAYETTE ROAp � ST. PAUL, MINNESOTA • 55155-40 DNR iNFORMATION (612)29b-6157 January 22, 1993 Lisa J. Freese, AICP Director of Planning City of Rosemount P,O. Box 510 Rosemount, NIl�t 5506$-�510 Dear Ms . Freese: STATE APPROVAL OF DRAFT FLOODPLAIN O�RDINANCE: REVISSONS The Department of Natural Resources has completed its review ot the draft ordinance the Gity of Rosemount is considering for adoption. The ordinance was entitled Ordinance B. On behalf of the Commissioner of Natural Resources, I am pleased to inform you that the draft ordinance has been found to be in compliance with °Statewide Standards and Criteria for Management of Floodplain Areas of Minnesota, ° Minnesota Regulations, Parts 6120 ,5000 to 6120.b200 . Therefore, in aceordanee with Minnesota Statutes, Section 103F, I hereby conditionally certify state approval of the above cited draft ordinance revisions. This approval is valid upon receipt of three (3) certified, signed copies of the adopted version and a complet�d copy of the Ordinance Certification Checklist (attached) by Area Hydrologist Pat Lynch located at the following address by Nta�ch 15, 1993 : DNR-Division of Waters 1200 Warner Road St. Paul, NIlV 55106 (612) ?72-7910 .Any changes of the. subject draft ordinance prior to adoption must be approved by this agency prior to adoption befare they can be considered �ral:id. 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 dir�ctly to Area Hydrologist Pat Lyneh and rely on him for assistance in administering your ordinance. AN EQUAL OPPORTUNITY EMPLOYER , , Page Two 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 sen€ by this office to the Federal Emergency Management Agency. Your cooperation and initiative in providing for the reduction in flood damage through the administratian of this ordinance is greatly appreciated. Sincerely, DI ON RS G�LG>'`�-� gbazg i Sium, Supervisor �� Land Use Management Unit OS/BA; fw cc: Lloyd Knudson, Acting Regional Hydrologist Pat Lynch, Area Hydrologist Jeanne Kern, FEMA City of Rosemount Executive Summary for Action City Council Meeting Date: January 19, 1993 Agenda Item: Fiood Plain Ordinance Ag�nda Section: Revisions PUBLIC HEARING Prepared By: Lisa Freese Agenda �p p � ' Director of Plannzng IV� Attachments: Mode1 �rdinance Reference; Approved By: Proposed Flood Plain Ordinanees; Hearing �� Notice; Mailing List; Map. '.r��.=. , . . . . . . . .. . l � . . . . . 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 Flood Plain section of its ordinances inta compliance with the state and federal standards. These text amendments incorporate the Minnesota Degartment of Natural Resource's madel ordinance into our current ordinances. The revisions are generally minor in detail . However, there is a significant change: if adopted, the City will require Conditional Use Permits for certain uses in the Flood Plain District. As Planning staf� has proposed, Condi tional Use Permi t Review would be cc�nducted 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 of Natural Resaurces EDNR} , Pat Lynch, has reviewed the City' s proposed amendment. Planning staff has made the changes that he suggested and he has forwarded the ordinance to the DNR staff responsible €or determining the adequacy of the ordinance for the Federal Emergency Management Ageney tFEMA) . Hopefully, this review will be campleted by Tuesday night. The Planning Commission has reviewed these amendments on several occasions and on January 12 , 1993 recommended approval . Recommended Actioa: A MOTION to adopt Ordinance No. XVIY.142 At� ORDINANGE AMENDING ORDINANC£ NO. XVII.4 � SUBDIVISION ORDINANCE e�Tid Qrdi�nance No. B-2 5 AN ORDINANCE AMENDING ORi�INA2�TGE B - CITY OF ROSEMOLTNT ZONING ORDINANCE. Clt]7 COL1Z1C1�. ACt10A: Oi/19/93.001 November 12, 1992 DNR M4DEL - CITY OF ROSEMOUNT � COMPARISON TABLE Two District Flood Plain Management Ordinance Two-Map Forinat TABLE OF C4NTENTS SECTION 1.0 STATi3TORY ALTTHORIZATIUN, FINDINGS OF FACT AND PURPOSE �proposed 6.17(A) IntentJ 1.1 Statutory Authorization 1.2 Findings of Fact 1.3 Statement of Purpose � SECTIUN 2.O GENERAL PROVISIaNS 2.1 Lands to Which Ordinance Applies } 2.2 Establishment af Official Zoning map } �T�°s�o.a�„a,�e B,6.1�(B)I)) 2.� Regulatary Flood Protection Elevation [proposed Ordirutnce B, 3.2J 2.4 Interpretation ['proposed 4rdinance B, 6.17(B)(2)J 2.5 Abrogation and Greater Restrictions [proposed Ordinance B, 4.1(c)J 2.6 Warning and Disclaimer of Liability (proposed Ordinance B, 6.17(B)(4)J 2.7 Severability [Ordinance B, Section 17J 2.8 Definitions [Ordinance B, 3.2 and proposed amendmentsJ SECTION 3.0 FSTABLISHMENT OF ZUNING DIST'RICTS 3.1 Districts jpropased 4rdinance B, 6.17�8)(1)J 3.2 Compliance [proposed Ordinance B, 6.1�(B)(3)I SECTION 4.0 FI.00DwA� Dis'r�ucT (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 SECT1orr 5.0 FLOOD FRINGE DISTRICT (FF� �nOt included, 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 Conditianal Uses 5.5 Standards for All Flood Fringe Uses SECTION 6.0 Reserved for Future Use [not applicableJ SECTION 7.O SUBDIVISIONS 7.1 Land Suitability Review Criteria [proposed Subdivision S.6 of Subdavisian OrdinaneeJ 7.2 Removal of Speciai Flovd Hazard Area Designation �propased Ordinance B, 6.17(E)J SEc'�ION 8.0 UTII.rr�s, Ra�.Ro�s, RoAns, �v� B��EST [prOposed Ordinareee B, 6.17(C.1.e.)J 8.1 Puhlic Utilities 8.2 Public Transportation Facilities 8.3 On-site Sewage Treatment and Water Supply Systems SECTION 9.0 MANUFACTURED HOMES / TRAVEL TRAII.ERS AND TRAVEL VEHICLEs [not included; not perminedJ 9.1 New Manufactured �iome Parks 9.2 Replacement Manufactured Homes - Existing Parks � 9,3 Travel Trailers / Travel Vehicles SECTFON lO.O ADMINiSTRATION 10.1 Zoning Administrator [Urdinance B, 14.IJ 10.2 Permits, Certifica.tion Requirements, and Record Keeping [proposed Ordinance B, 6.17(E) (p) & (�11 10.3 Appeals and Variances / Duties af the Board of Admustments [Ordinance B, Section 15.2 and proposed Ordinance B 6.17(D)J 10.4 Conditional Uses - Standards and Evaluation Pmcedures (proposed Ordinance B, 14,11J SECTION 11.0 NONCONFORMING USES jOrdinance B, SeCtion 13 - more restrictivej SECTION 12.0 PENALTIES FOR VIOLATION [4rdinanCe B, Seetion 14.2J SECTto� 13.0 ANtE�tvt�tv'rs [proposed Ordinance B, Sectiore 6.17(F)] 2 CITY OF ROSEMOUNr ORDINANCE 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 �. SECTION S SUBDIVISION DESIGN STANDARDS of Ordinance XVII.4, City of Rosemount Subdivision Ordinarzce is amended by adding the following: SUBD. 5.9. FL04D PLAIN REQUIREMENTS. Land within the Flood Plain District af Ordinance B with flooding potential, inadequate drainage, lack of water supply and/or unacceptable sewage treatment facilities shall not be subdivided. All lots within the Flood Plairt District shall contain a building site at or above the Regulatory Flood Protection Elevations. All subdivisions shall have water and sewage treatment facilities that camply with the provisions of this Ordinance and with all other applica.ble city, county, and sta.te regulations. Road access to the subdivision and individual parcels within the subdivision shall be no lower than two (2) feet beiow the Regulatory Flood Protection Elevation. The Regulatory Flood Protection Eievation and the required elevation of all access roads shall be clearly labelled on all required subdivision drawings and platting documents. SECTION II. This ordinance shall be effeetive immediately upon its passage and publication aceording to law. CITY OF ROSEMOUNT E.B. McMenomy, Mayor ATTEST: 5usan M. Walsh, City Clerk Published in the Farmington Independent this day of , 1993. City of Rosemount O�rdinance No. B-25 AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING 4RDiNANCE � THE CITY COUIr1CIL OF THE CITY OF ROSEMOUNT, MINNESOTA QRDAINS AS FOLLOWS: SECTION I. SeCtion 3.2 of ORDINANCE B - CI'TY OF ROSEMOUNT ZONING O�tnINAt>tcE is amended by adding the following: SECTION 3.2 DEFINITIONS Flood Piairi Conditional Use: A spec�c type of structure or land use that may be allaweci in the Flood Plain, but only after an in-depth review grocedure and with appropriate conditions or restrictions as provided in the off'icial zoning controls or building codes and upon a finding that: (1) Gertain conditians as deta.iled 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 existing neighborhood. Equal Degree of Encroachment: A method of determining xhe location of floodway boundaries so that the hydraulic capacity of flood plain lands on eaeh 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. Ftood Frequency: The frequency for which it is expected that a specific flood stage or discharge may be equalled or exceeded. Flood PIain: The areas adjoining a watercourse, which have been or hereafter may be covered by the regional flood. Flood Proa�ng: A combination of structurai provisions, changes or adjustments to properties and structures subject to floading primarily far the reduction or elimination � of flood 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, excav�tion, channei 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 earry the same downstream to the damage of life or property. Reach: A hydrauiic 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 reaeh. Re�ional Flood: A flood which is representative of large floods known xo have oceurred 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 Fload Protection Elevation: An elevadon 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 4rdinance are required to be elevated or flood-proofed. SECTION IL Section 4.i of ORDINANCE B - CTTY OF ROSEMOUNT ZONING O�nvastcE is amended by adding the following: SECTION 4.1 SCOPE AND INTERPRETATION c. Abro�ation and Greater Restrictions It is not intended by this 4rdinance to repeal, abrogate, or impair any e3cisting easernents, 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. SECT�ON III. Section 6.1�7 of ORDINANCE B - CTTY OF ROSEMOUNT ZONING O�IN.vvcE is amended to read as follows: SECTION 6.17 FP FLOOD PLAIN DISTRICT A. Intent. The Flood Flain District is designed to provide Flood Plain Management for the City of Rosemount in accordance with the policies of Minnesata Statutes (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 haza:rds, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the taac base, all of which adversely affect the public health, safety, and general welfare. B. General Provisions 1. Establishment 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 2 materials shall include the Flood Insuranee Study for the City of Rosemount prepared by the Federal Insurance Administration dated January, 19$0, 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 deiineated on the Flood �vundary Ma.p comprise the area designated as the Flood Plain Zoning District vn the Official Zoning Map. A cnpy of the � Official Zoning Map and all other maps refereneed herein shall be on file in the Office of the City Clerk. 2. Rules for Interpretation of Flood Plai� T7istri�t Boundarv. The boundary of the Flood Plain District esta:blished by this section shall be determined by scaling distances on the O�cial 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 conflzct between a mapped boundary and actual field canditians, the Planning Commission shall make the necessary interpretation. All decisions will 6e based on elevations on the regional (100 year) flood profile and other available technical data. The persvn contesting the location of the district boundary shall be given a reasanable opportunity to present their case to the Planning Commission and to submit technical evxdence. 3. Compliance No new structure or la.nd shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of Sectian 6.17.and other applicable regulations which apply to uses within the jurisdiction of this Ordinanee. Within the Fiood Plain District, all uses not listed as permitted nses or conditianal uses shall be prohibited. In addition, a caution is provided here that: a. Modifications, additions, structural alterations or repair after damage t4 existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of Section 6.17 and spe�ifically Subsection C; and b. As-built eievations for elevated or flood-proofed structures must be certified by graund surveys and flood proofmg techniques rnust be designed and certified by a registered professional engineer or architect as specified in the general provisions of this 5ection and specifieally as stated in Section 14.11. 4. Warnin� and Disclaimer of Liabilit�., This seetion does not imply that areas outside the fldod plain district or land uses perrnitted within sueh districts will be free from floodi.ng or flood damages. This section shall not creat� liability on the part of the City or any affieer or employees for any flood damages that result from reliance on this section or any admuustrative decision lawfully made thereunder. C. FP Flood Plain District 1. Uses Permitted b��ht The following uses shall be permitted within the Floodway District. These uses shall not obstruct flaod flows or increase flood elevations. In addition, these uses shall not involve structures, fill, obstructions, excavations or storage of materials or equipment. 3 a. Agricultural uses such as general farming, pasture grazing, outdoar plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting. b. Private and public recreational uses such as golf caurses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, � swunming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting ranges, hunting and fishing areas, and single or ° ' multiple purpose recreationai trails. e. Residential uses such as lawns, gardens, parking areas, and play area.s. d. Industrial-commercial loading and parking areas, 2. Uses Permitted bv Conditional Use Perrnit The following uses shall be permitted upon issuance of a conditional use permit sub,ject 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 clamage in the reach or reaches affecteci. a. Extraetion and storage of sand, gra:vel, and other materials. b. Marinas, boat rentals, docks, piers, wk�arves, and water control structures. c. Railroads, streets, bridges, utility transmission lines, and pipelines. d. Storage yards for equipment, machinery, or materials. e. Structures accessory to the uses listed ahove in Section 6.17(D){1) and (2). f. Piacement of fill. 3. Additional Standards for Flood Plain Conditional Uses a. Standards for Fill: 1) Fill, dredge spoil and all other sirnilar materials deposited or stored in the flood plain shall be proteeted from erosion$y vegetative cover, mulching, riprap or other acceptable method. 2) Dredge spoil 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 erosion/sedimentation prevention element to the plan. 3} As an alternative, and consistent with Subse�tian 2) immediately above, dredge spoil disposal and sand and gravel operations may allow temporary, on-site stora.ge of fill or other materials which would have caused an increase to the stage of the 100-year or regional flood but or�y after the Pianni.ng Commission has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. � b. Standards for Structures: 1) Struetures 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 mini�mum obstructian to the flow of flood waters: (a) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction 4f flood flow, and, (b) so far as practicable, structures shall be piaced approximately on the same flood flow lines as those of adjoining structures. (c) Accessory structures shall be elevated on fill or structurally dry fload-proofed in accordance with the FP-1 or FP-2 flood proofing classifications in the Staxe Building Code. As an altemative, an accessory structure may be flood-praofed to the FP-3 or FP-4 flood praofmg class�cation in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed SOQ square feet in size, and for a detached garage� the detached garage-must be used solely for parking c�f vehicles and limited storage. All flood-proofed accessory structures must meet the following additional standards, as appropriate: (1) The structure must be adequately anchored to prevent flotation, collapse, or lateral movement af the stntcture and sh�il be designed to equalize hydrostatic flood forces on exterior walls; and : (2) Any mechanical and utility equigment in a structure must be elevated to or above the Regulatary Flood Protection Elevation or praperly flood-proofed. c. Standards for Stora.ge of Materials and Equi�ment: 1) The stora.ge or processing of materials that are, in time of flooding, flammable, explosive, ar potentially injurious to human anirnal, or plant life is prohibited. 2) Starage of other materials or equipment may be allowed if readily removable from the area within the time availabie after a flood warning and in accorclance with a plan approved by the Planning Commission. 3) No garbage and waste disposal sites shall be issued for floodu�ay areas and there shall be no further encroachment upon the floodway at existing sites. d. Standards for Fload Contml: l) 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 provisians af 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. 5 2) A levee, dike or floodwall constructed irt 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 Publie Utilities,,,,Railroads Roads and Brid,�es: 1) Public Utilities_ All public utiliti�s and �acilities such as gas, electrical, sewer, and water supply systems to be iocated in the flood plain shall be flood-proofed 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 Sectxons 4.0 and S.0 of this (lydinance. Elevation to the Regulatory Flood Protection Elevation shall be provicied wl�ere failure or interruption of these transportation facilities would result in danger to the public health or �afety or where such facilities are essential to the orderly functioning of the area, Minor or auxiliary raads or railroads may be constructed at a lower elevation where failure ar internzption af transportation services would not endanger the public health or safety. 3) On-site Sewage Treatment and Water Su�plv S, sty ems. Where public utilities are not provided: 1) 4n-site water supply systems must he designed to minimi�e or eliminate infiltration of flaod waters into the systerns; and 2) new or replacement on-site sewage treaxment systems must be designed to minimize or eiiminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impaiiment or contamination during times of flooding. Any sewage treatment system designed in accardance wifh the State's current statewide standards for on-site sewage treatment systems shall be determined to be in complianc,� with this Section. D. Permit Rec�uirements. 1. Permit Rec�uired. Ail permits issued by the City in conformity with the provisions of this Ordinance shall he secured prior to the erection, addition, or alteration of any building,: structure, or portion thereaf; prior to the use or change of use of a bui�ding, structure, or land; prior to the change or extension - of a nonconfc�rming use; and prior to the piacement of fill, ex�avation of materials, or the storage of materials or equipment within the flood plain. 2. Application for Permit. Application for a permit shall be made in duplicate to the Planning Department and shall include the fallowing where applicable; 1) plans in duplicate drawn to scale, showing the nature, location, dirnensions, and elevations of the lpt; 2) existing or proposed structures, fill, or storage of materials, and 3) the locatian of the foregoing in relation to the stream channel. 3. State and Federal Permits. Prior to granting a local perrnit or pracessing an application for a Conditional Use Permit or vaxiance, the Planning Department shall determine that the applicant has obtained all necessary Sta.te and Federal Permits 6 4. Certificate of Zonin�Compliance for a New. Altered. or NQnconforming.Use. It shall be unlawful to use, occupy, or permit the use or occupancy of any buiIding or premises or part thereof hereafter created, erected, changed, converted, altered, or eniarged in its use or strueture until a Certificate of Zoning Cornpliance shali have been issued by the Planning Department stating that the use of the building or land confarms to the re�uirements of tY�is Ordinance. 5. Construction and Use tq be Pravided on A�plications, Plans, Perrnits. Variances, and Certificates of Zoning Compliance. Permits, Conditional Use Permits, or Cert�cates of Zoning Compliances issued on the basis of 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 canstruction at variance with that authorized shall be deemed a violation of this Ordinance, and punishable as provided by Section 14.2 af 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 fuushed fill and building elevations were accomplished in compliance with the provisions of this Ordinance. Flood-proofing measures shall he eertified by a registered professional engineer or registered arehitect. 7. Record of First Floor Elevation. The Planning Department shall maintain a record of the elevation of the lowest floor (including basernent) of all new structures and alterations or additions to e�sting structures in the flood plain. The Planning Department shall also maintain a record of the eleva:tion to which structures and alterations or additions to structures are flood-proofed. E. �ariances. The variance provisions in Section 15.2 of this Ordinance shall apply to this Section, in addition to the following findings: 1. No variance shall provide for a Iesser degree of flood protection than the Regulatory Flood protection for the particular area or permit standards lawer than those 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 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 effeet 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 Keeping. The Planning Department shall notify the applicant for a variance that: l. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flnod insurance up to amounts as high as $25 for $100 of insurance coverage; and 7 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 justification for their issuance, and report such variances issued in its annual or biennial �eport submitted to the Admuustrator of the National Flood InsurancE Program. � G. Amendments to S�ion b.17. The Flood Plain designatian on zoning maps sliatl not be removed from flood plain areas unless it can be shown that the designation is in error or that the areas are filled to an elevation at or abave the flaod protection elevation and are contiguous to other lands lying outside the flood plain district. Special exceptions to this rule may be permitteci by the Commissioner of Natural Resources if'he deterrnines that, thzough other measures, lands are protected adequately for the intended uses. All amendments must be submitteci to and approveci by the Carnmissioner of Natural Resources priar to adoption. Changes in the Official Zoning Map must meet the Federal Emergency�Management Agency's (FEMA) Teehnical Conditions and Criteria and must reeeive prior FEMA app�oval before adoption. The Commissioner of Natural Resources must be given ten (10) days written notice of al1 hearings to consider an amendment to this Qrdinance, and'said notice shall include a draft of the ordinance amendment or technical study under consideration. All requests to change a special fload hazard area designation shall meet the criteria established by the Federal Emergency Management Agency. SECTION IV. Section 14 ADMIriISTRATION AND ENF'ORCEMENT of ORDINANGE B - CrrY oF RosEMou�v't' Zorr�lv� O�IrtAlvcE 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, Fiood 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 suitability of the particular site for the proposed use: l. Plans in triplicate drawn to scale prepared by a registered engineer showing the nature, Iocation, dimensions, and elevation of#he lot, existing or proposed structures, fill, storage of materials, fload-proofing measures, and the relationship of the above to the Iocation af the stream channel and tneeting all other requirements of Section 14.4 (B) Srr� PL�t CoN'rEtv'1's, of this Ordinance. 2. Specifieations for building construction and materials, flood-proofmg, 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 Cammission shall determine the specific flood hazard at the site and evaivate the suitability of the proposed use in relation ta the flood hazard, B. Factors Considered. In reviewing Conditional Use applications, the Planning Comrnission sha11 consider atl relevant factors specified in other sections of this Ordinance and: 1. The danger to life and property due to increased fl�od 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 black bridges, culverts, or other hydraulic structures. 3. The proposed water sugply and sanitation systems and the ability 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 orr the individual owner. 5. The importance of the services provided by the proposerl facility to the community. 6. The requirements of the facility for a waterfront location. 7. The availability of alternative locations not subject to flooding far the proposed use. 8. The compatibility of the proposed use with eacisting development and development anticipated in the foreseeable future. 9. The relationship of the proposed use to the comprehensive plan arxd flood plain management progrem for the area. 10. The safety of access to the property in times of fload for ordinary and emergency vehicles. 11. The expected heights, velacity, duration, rate of rise, and sediment transport of the flood waters expected at the site. 12. 5uch other factors which are relevant to the purposes of this Ordinagce. C. Public Iiearing�. Within sixty (b0) days from the date of application far conditional use permit, the Planning D�partment shall submit the application to the Planning Commission. The Commission 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 A�peal. All decisions by the Planning Commissian granting or denying a Conditional Use Permit shall be final subjeet 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 advanee so that the Commissioner will receive at least ten (10) days notice of the hearing. A copy of all decisions granting conditionai use permits shall be forwarded to the Commissioner of natural resources within ten (1�j days of such action. G. Conditions Imposed. The Planning Commission may attach such condititins to the granting of Conditional Use Permits deemed necessary to fizlfill the purpases of this Ordinance. Such conditions rnay include, but are nat limited to the following: 1. Modification of waste treatment and water supply facilities. 2. L'unitations on period of use, occupancy, and operation. 3. Impositian of operational controls, sureties, and deed restrictions. 4. Requirements 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 or document certifieci by a registered professional engineer or architect that the flood-proofing measures are consistent with the Regvlatory F1ood Protection Elevation and associated flood factors for xhe particular area. H. Violation of Conditional Use Perrnit. Violations of canditions 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 Ciry 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 Rasemount, referred to and described in said Ordinance No. B as that certain map entitled Zaning Map of the City 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 th�s Ordinance and all of the natation references and other information shown thereon are hereby incorporated by reference and made a part af this Ordinance. �o SECTION VII. This ordinance shail be effective immediately upon its passage and publication according to law. Enacted and ordained inta an Qrdinance this i9th day of January, 1993. CITY OF RflSEMOUNT E.B. McMenomy, Mayor A'rrESTs Susan M. Waish, City Clerk Published in the F'armington Independent this day of , 1993. 11 - i�� o osemouvr.� PHONE (612)423a411 2$�5•145th Street West,Rosemount,Minnesota MAYOR FAX (612)423520.3 Mailing Address: Edward B.McMenomy P.O.Box 510.Rosemount,Minnesota 55058-0570 COUNCtLMEMBERS Sheila K185sen 1 l.l�� l \ll E1l.G Jamea{Aad)Slaats Harry Willcox Dennis Wippermann ORDINANCE $, CITY OF ROSEMQUNT ZONING ORI�INANCE TEXT AMENDMENa'�'i�iNisraaroa Stephan Jiik SUBDIVISION ORDINANCE, AND THE CITY OF ROSEMOUNT ZOIIING MAP AMENDMENT Flood P�.ain 4rd.inance Amendment TO WHOM IT MAY CONCERN: 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 af the City Hall, 2875 145th Street West, beginning at 8:00 p.m. or as soon thereafter as possible. The purpose af this hearing is to receive public input and comments on a proposed text amendment to Ordinance B - City of Rosemount Zoning Ordinance, Subdivision Ordinanee, and City of Rosemaunt Zoning Map. At this Public Hearing the Ciry Council will consider changes to the text of the Zonin� and Subdivision Ordinance regarding the Floodplain District, The proposed Floodplain modifications have been requested by the Minnesota Degartment of Natural Resources (DNR) to bring the Rosen�ount Floodplain Ordinance into cornpliance with the federal regulatians as set out by the Federal Emergency Managernent Agency (FEMl�,). Noncompliance could-result in the City's suspension from the Federai Flood Instirance 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 cornplete copy of the propased 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 af 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 Tuesday. ,Tanuarv 19. 1993 at $:OQ p.m. ` Dated tYtis Sth day of January, 1993. / , �� ✓ � usan M. lsh, City Clerk City of Rosemount Dakota Caunty, Iviinnesota , � /j [� �ver�I�ings �oming �(Jl.� �Ji.osemoun}�� . , � � � � � 4 Flood Piain Ordinance Amendment Mailing List 1. State of 1VIinnBsota - F Tax 34-01600-014-01 1560 Highway 55 34-D16fl0-01Q-11 Hastings, MN 55033 34-01600-010-25 34-01b00-010-34 34-Oi600-011-50 34-01600-010-75 34-Q1700-010-$0 34-02100-411-01 2. County af Dakota 34-01600-010-60 % Parks Department . 1590 Highway 55 I�astings, MN 55033 3. 7oseph Gores 34-017Qfl-010-01 P.O. Box 6344 34-017Q0-010-05 Rochester, MN 55903 34-01700-010-09 34-01700-010-Z5 4, United States of America � 34-01700-010-11 1590 Highway 55 Hastings, Mn 55033 5. Jerome N. Gores 34-017QQ-010-13 16100 Coates Blvd. Rosemount, MN 55068 _ 6. Koch Refining Co. 34-017Q0-010-25 ATTN: Tim Ti1ma 34-41700-010-27 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 60447 tl� � �� ..K ,/�� - � � r--� . . �i � , li� �;j '- ` . � ,s+a... �,;`.� . •�. �. . ., � �`�....: � . _ ��rcs�.- _ :[� �'3T ' _ '� � ' � e !k N_. � `tJ" � �y � /r . �� { �i � i:��}I � �� - , -, . 1 i a ; s..,. :. _ " - ' � �iG � I r ,� r _ � _ •i.,_, ,., � i ;- . d �, '` ��.. . E � . � ` � Y � ♦ � �� p t \ � (w.� � - - e. t. . 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I ui f i� i � � � i ii 4 � !f' , � .. _��-f-�'� . � . %�i,,..._ . ' . ` ��,.�..� . � . . � , i � y � i � 1 � .{ - . . �+ Ap� f � -it� 'i � ' AGP i i u,�---= � �, I � � "' � — _ I =�� — �: • FLOt)fl PLAiN {)RDINANC� Z�NING MAP CHANGE FLOOD WAY (FW) redesignatd to FLOOD PLAIN (FP)