HomeMy WebLinkAbout5.i. Flood Plain Ordinance RevisionsCity of Rosemount
Executive Summary for Action
City Council Meeting Date: November 17, 199$
Agenda Item: Flood Plain Ordinance
Agenda Section:
Revisions
OLD BUSINESS
Prepared By: Lisa Freese
Agen iW # 51
Director of Planning
Attachments: Proposed Flood Plain
App v B
Ordinance Revisions
Attached you will find the proposed text amendments tcKthe 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 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 significant change
that I would like to bring toyourattention: if adopted, the City
will require Conditional Use Permits for certainuses in the Flood
Plain District. As Planning staff has proposed,,Conditional Use
Permit 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 Planting Commission.
These amendments, as presented, have been forwa
of Natural Resources for their review and comme
that they will have their comments back to the
1992. This will enable the City to set a Publi
1, 1992 and hold that Public Hearing at the Dec
Meeting. If the City Council approves of the a
these text amendments on Tuesday night,-Plannin
making the necessary preparations for the heari
ed to the Department
It is anticipated
ty by November 25,
Hearing on December
ber 15th Council
roach proposed in
staff will begin
process.
Recommended Action: A MOTION to support the Flood Plain
Management concept presented in the draft text amendments dated
November 12, 1992.
City Council Action:
d
(Pity O OseY1 ou
PHONE (612) 4234411 2875 - 145th Street West, Rosemount, Minnesota
FAX (612) 4235208 Mailing Address:
P.O. Box 510. Rosemount, Minnesota 55068-0510
November 12, 1992
Pat Lynch
Metro Region
Minnesota Department of Natural Resources
1200 'Warner Road
St. Paul, MN 55106
RE: Proposed Flood Plain Amendments for City of Rosemount
Dear Mr. Lynch: t.
Enclosed please find a copy of the proposed text amendments to
Zoning and Subdivision Ordinances. The intent of these text an
Rosemount's Flood Plain section of its Zoning Ordinance into c(
Federal standards.
MAYOR
Edward B. McMenomy
COUNCQ.MEMBERS
Sheila lOasaen
James (Red} Slants
Harry WWwx
Dennis Wippennarm
ADMINISTRATOR
Stephan JiiW
City of Rosemount's
nents is to bring the City of
iance with the State and
These amendments integrate the model ordinance for a "Two District Flood Plain Management
Ordinance -- Two Map Format" dated October 17, 1990, into the City of Rosemount's current
zoning and subdivision ordinances. I have attached the Table of Contents from that model
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 a$ to the adequacy of this
proposed amendment by November 25, 1992. This will enable us to make proper notification
and complete the adoption of this Ordinance prior to the end of this year.
If you 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.
Sincerely,
a4�
Lisa J. Freese, A.LC.P.
Director of Planning
Enclosure
cc: Stephan Jilk, City Administrator
Ron Wasmund, Public Works Director
Mike Miles, City Attorney
11ttorney
ver lhtng s �oming CJ L
mlY
DNR MODEL - CITY OF RUSEMOIJr
COMPARISON TABLE
Two District Flood Plain Management t
Two -Map Format
TABLE OF CONTENTS
SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT
November 12, 1992
PURPOSE [proposed
Ordinance B, 6.17(B)1)%
ance B, 3.2]
ice B, 4.1(c)]
ice B, 6.17(B) (4)]
, 6.17(C)]
F uses permitted]
6.17(A) Intent]
1.1
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 }
2.3
Regulatory Flood Protection Elevation [proposed
2.4
Interpretation [proposed Ordinance B, 6.17(B) (2)]
2.5
Abrogation and Greater Restrictions [proposed Or,
2.6
Warning and Disclaimer of Liability [proposed Or
2.7
Severability [Ordinance B, Section 171
2.8
Definitions [Ordinance B, 3.2 and proposed amen
SECTION
3.0
ESTABLISHMENT OF ZONING DISTRICTS
3.1
Districts [proposed Ordinance B, 6.17(B) (1)]
3.2
Compliance [proposed Ordinance B, 6.17(B)(3)]
SECTION
4.0
FLOODwAY DISTRICT (FW) [proposed Odinance 1
4.1
Permitted Uses
4.2
Standards for Floodway Permitted Uses
4.3
Conditional Uses
4.4
Standards for Floodway Conditional Uses
SECTION
5.0
FLOOD FRINGE DISTRICT (FF) [not included, no 1
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
November 12, 1992
PURPOSE [proposed
Ordinance B, 6.17(B)1)%
ance B, 3.2]
ice B, 4.1(c)]
ice B, 6.17(B) (4)]
, 6.17(C)]
F uses permitted]
Y
SECTION 6.0 Reserved for Future Use [not applicable]
SECTION 7.0 SUBDIVISIONS
7.1 Land Suitability Review Criteria. [proposed Subdivision 5.6 Subdivision
Ordinance]
7.2 Removal of Special Flood Hazard Area Designation [proposed Ordinance B,
6.17 (E)]
SECTION 8.0 UTILITIES, RAILROADS, ROADS, AND BRIDGES [proposed Ordinance B, 6.17
(C, 1. e)]
8.1 Public Utilities
8.2 Public Transportation Facilities
8.3 On-site Sewage Treatment and Water Supply Systems
SECTION 9.0 MANUFACTURED HOMES/TRAVEL TRAILERS AND TRAVEL VEHICLES [not
included, not permitted]
9.1 New Manufactured Home Parks
9.2 Replacement Manufactured Homes - Existing Parks
9.3 Travel Trailers / Travel Vehicles
SECTION 10.0 ADMINISTRATION
10.1 Zoning Administrator [Ordinance B, 14.1]
10.2 Permits, Certification Requirements, and Record keeping [proposed
Ordinance B, 6.17(E)]
10.3 Appeals and Variances / Duties of the Board of Adjustment [Ordinance B,
Section 15.2 and proposed Ordinance B 6.17(D)]
10.4 Conditional Uses - Standards and Evaluation Procedures [proposed Ordinance
B, 14.11]
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 AMENDMENTS [proposed Ordinance B, Section 6.17(F)J
Fa
THE Crry COumm OF THE CITY OF RonmouNT, MINNESOTA
SEcnoN 1. Section 3.2 of ORDINANCE B - CrrY OF
is amended by adding the following:
SECTION 3.2 DEFINITIONS
Flood Plain Conditional Use: A specific type of structure or
in the Flood Plain, but only after an in-depth review procedu
conditions or restrictions as provided in the official zoning a
upon a finding that: (1) certain conditions as detailed in the
the structure and/or land use conform to the comprehensive l
are compatible with the existing neighborhood.
November 12, 1992
MAINS AS FOLLOWS:
UNT ZONING ORDINANCE
id use that may be allowed
and with appropriate
rols or building codes and
ung ordinance exist and (2)
i use plan if one exists and
Equal Degree of Encroachment: A method of determining thej location of floodway
boundaries so that the hydraulic capacity of flood plain lands qn 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 Proofing: A combination of structural provisions, changes or adjustments to
properties and structures subject to flooding primarily for the areduction or elimination of
flood damages.
Floodway: 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, di
excavation, channel rectification, culvert, building, wire, fel
structure, or matter in, along, across, or projecting into any
regulatory flood hazard area which may impede, retard, or i
of water, either in itself or by catching or collecting debris c
placed where the flow of water might carry the same downs
property.
Reach: A hydraulic engineering term to describe a longi
influenced by a natural or man-made obstruction. In an 1
or river between two consecutive bridge crossings would
Regional Flood: A flood which is representative of large floc
generally in Minnesota and reasonably characteristic of what
pile, abutment, projection,
stockpile, refuse, fill,
noel, watercourse, or
age the direction of the flow
led by such water, or that is
m to the damage of life or
1 segment of a stream or river
area the segment of a stream
typically constitute a reach.
known to have occurred
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 elevjation to which uses regulated
by this Ordinance are required to be elevated or flood -proofed;',.
SECTION 2. Section 4.1 of ORDINANCE B - CrrY OF RosE14OUNT ZONING ORDINANCE
is amended by adding the following:
Section 4.1 Scope and Interpretation
c. Abrogation and Greater Restrictions It is not intended by this) Ordinance to repeal, abrogate,
or impair any existing 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 3. Section 6.17 of ORDINANCE B - MY OF RosEMOUNT ZONING
ORDINANCE 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 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 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 affqIct the public health, safety,
and general welfare.
B. General Provisions
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 lideclared to be a part of this
ordinance. The attached materials shall include the Flood Insurance Study for the City of
Rosemount prepared by the Federal Insurance Administrationdated 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 aid all other maps referenced
herein shall be on file in the Office of the City Clerk.
2. Rules for Interpretation of Flood Plain District Boundary. 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 iocation of the boundary of the
district as shown on the Official Zoning Map or there is a conflict between a mapped
2
boundary and actual field conditions, the Planning Commissi
interpretation. All decisions will be based on elevations on
profile and other available technical data. The person conte,
boundary shall be given a reasonable opportunity to present
Commission and to submit technical evidence.
shall make the necessary
: regional (100 year) flood
g the location of the district
it case to the Planning
3. Compliance No new structure or land shall hereafter be used and no structure shall be
located, extended, converted, or structurally altered without futl 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 plrovided here that:
a. Modifications, additions, structural alterations or repair afteer 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 certified 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. Warning and Disclaimer'of Liability. This section does not imply that areas outside the
flood plain district or land uses permitted within such districts l,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 flood flows or increase: flood elevations. In addition,
these uses shall not involve structures, fill, obstructions, excavations or storage of materials
or equipment.
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, shootiig ranges, hunting and fishing
areas, and single or multiple purpose recreational trails.
c. Residential uses such as lawns, gardens, parking areas, and play areas.
d. Industrial -commercial loading and parking areas.
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.
3
c. Railroads, streets, bridges, utility transmission lines, and p
d. Storage yards for equipment, machinery, or materials.
e. Structures accessory to the uses listed above in Section 6.1
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 de
plain shall be protected from erosion by vegetative
acceptable method.
and (2).
d or stored in the flood
, mulching, riprap or other
2) Dredge spoil sites and sand and gravel operations shah 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 Subsection 2) it
disposal and sand and gravel operations'may allow tet
or other materials which would have caused an increa
or regional flood but only after the Planning Commiss
appropriate plan which assures the removal of the mal
upon the flood warning time available.
b. Standards for Structures:
1) Structures shall not be designed for human habitation.
2) Structures, if permitted, shall be constructed and pl
offer the minimum obstruction to the flow of flood
(a) Whenever possible, structures shall be con
parallel to the direction of flood flow, and,
(b) so far as practicable, structures shall be placed
flow lines as those of adjoining structures.
tediately above, dredge spoil
orary, on-site storage of fill
to the stage of the 100 -year
a has received an
ials from the floodway based
on the building site so as to
with the longitudinal axis
on the same flood
(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 mini1mal investment, does not
exceed 500 square feet in size, and for a detached garage, the detached garage
must be used solely for parking of 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 of the structure and shall be designed to equalize
hydrostatic flood forces on exterior walls; and!,
(2) Any mechanical and utility equipment in a
above the Regulatory Flood Protection Ele
4
ire must be elevated to or
or properly flood -proofed.
C.
Standards fir Storage of M rials an ii mgt:
1) The storage or processing of materials that are, in time, of flooding, flammable,
explosive, or potentially injurious to human animal, or Iplant life is prohibited.
2) Storage of other materials or equipment may be allowead ifrea removable ance witham
the area within the time available after a flood warning d
plan approved by the Planning Commission.
3) No garbage and waste disposal sites shall be issued foie 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 then course, current or cross
section of protected wetlands or public waters slide bsubject
thuraal orks provisions
roflood control
Minnesota Statute, Chapter 105. Community flood lain shall not be allowed in the
intended to remove areas from the regulatory p
floodway.
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.-
1) Public Utilities. All public
bae flood F
water supply systems toe locted in th
accordance with the State Building Code or elev,
Protection Elevation.
ich as gas, electrical, sewer, and
irk shall be flood -proofed in
d to above the Regulatory Flood
2) Public Transportation Facilities. Railroad tracks, r
within the floodplain shall comply with Sections 4
Elevation to the Regulatory Flood Protection Elev,
failure or interruption of these transportation facili
public health or safety or where such facilities are
functioning of the area. Minor or auxiliary roads
a lower elevation where failure or interruption of
endanger the public health or safety.
3) On-site Jewa e i rraui►Q.,L a.,.. .---• - __
provided: 1) On-site water supply systems must
eliminate infiltration of flood waters into the sysi
site sewage treatment systems must be designed
of flood waters into the systems and discharges i
and they shall not be subject to impairment or cc
flooding. Any sewage treatment system designe
current statewide standards for on-site sewage tr
to be in compliance with this Section.
1s, and bridges to be located
and 5.0 of this Ordinance.
,n shall be provided where
> would result in danger to the
;ential to the orderly
railroads may be constructed at
ncnnrtation services would not
Ms. Where public utilities are not
> designed to minimize or
ns; and 2) new or replacement on -
minimize or eliminate infiltration
,m the systems into flood waters
lamination during times of
in accordance with the State's
Ltment systems shall be determined
D. Variances. The variance provisions in Section 15.2 of this Ord
Section, in addition to the following findings:
1. No variance shall provide for a lesser degree of flood pro
protection for the particular area or permit standards lower
shall apply to this
teetlon than the Regulatory Flood
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 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.
E. Flood Insurance Notice and Record Keening. The Zoning Administrator shall notify the
applicant for a variance that:
1. The issuance of a variance to construct a structure below the lase flood level will result in
increased premium rates for flood insurance up to amounts as',high as $25 for $100 of
insurance coverage; and
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 s record of all variance
actions. A community shall maintain a record of all varianceactions, including justification
for their issuance, and report such variances issued in its annul or biennial report submitted
to the Administrator of the National Flood Insurance Program.
F. Amendments to Section 6.17. The Flood Plain designation on
removed from flood plain areas unless it can be shown that the
areas are filled to an elevation at or above the flood protection
other lands lying outside the flood plain district. Special except
permitted by the Commissioner of Natural Resources if he dete
measures, lands are protected adequately for the intended uses.
All amendments must be submitted to and approved by the Conn
prior to adoption. Changes in the Official Zoning Map must mi
Management Agency's (FEMA) Technical Conditions and Criter
FEMA approval before adoption. The Commissioner of Natural
(10) days written notice of all hearings to consider an amendmer
notice shall include a draft of the ordinance amendment or techn
All requests to change a special flood hazard area designation
by the Federal Emergency Management Agency.
SECTION 4. Section 14 ADMINISTRATION AND ENFORCI
OF ROSEmouNT ZONING ORDINANCE is amended by adding
SECTION 14.11 FLOOD PLAIN DISTRICT CONDITIONAL
ng maps shall not be
nation is in error or that the
tion and are contiguous to
to this rule may be
% that, through other
issioner of Natural Resources
:t the Federal Emergency
and must receive prior
Zesources must be given ten
to this Ordinance, and said
al study under consideration.
meet the criteria established
of ORDINANCE B CrrY
following:
A. Application. The Planning Commission shall hear and decide applications for Conditional Uses
permissible under Section 6.17, 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 suitability of the particular site for the proposed use:
1. Plans in triplicate drawn to scale prepared by a registered E
location, dimensions, and elevation of the lot, existing or p
materials, flood -proofing measures, and the relationship -of
stream channel and meeting all other requirements of Secti
CoNTENes, of this Ordinance.
11
[neer showing the nature,
,osed structures, fill, storage of
above to the location of the
14.4 (B) SrrE PLAN
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 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 hydrajul is 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 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
6. The requirements of the facility for a waterfront location.
7. The availability of alternative locations not subject to floo
8. The compatibility of the proposed use with existing devel
anticipated in the foreseeable future.
9. The relationship of the proposed use to the comprehensiv
management program for the area.
10. The safety of access to the property in times of flood for
vehicles.
11. The expected heights, velocity, duration, rate of rise, and
waters expected at the site.
12. Such other factors which are relevant to the purposes of i
C. Public Hearings. Within sixty (60) days from the date of appli
permit, the Planning Department shall submit the application to
Commission shall set a time for public hearing and give the app
notice thereof. Notice of the hearing shall be published at least
hearing and notice shall be mailed to each property owner withi
property.
D. Decisions. The Planning Commission shall render its written de
permit within 30 days following the public hearing. In granting
Planning Commission may prescribe appropriate conditions and
conformity with the purposes of this Section. The Conditional t
registered with the property in the Office of the County Recorde
ity to the community.
for the proposed use.
and development
plan and flood plain
inary and emergency
sediment transport of the flood
Ordinance.
tion for conditional use
e Planning Commission. The
;ant at least 10 days written
n (10) days prior to the
1/4 mile of the affected
Sion on a Conditional Use
Conditional Use Permit the
feguards which are in
Permit must be title
E. Subject to Appeal. All decisions by the Planning Commission granting or 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 Natural Resources. A copy of the application for the proposed
conditional uses shall be submitted to the Commissioner of NaturaFl 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. Modification of waste treatment and water supply facilities.
2. Limitations on period of use, occupancy, and operation.
3. imposition of operational controls, sureties, and deed restricti
4. Requirements for construction of channel modifications, compensatory storage, dikes,
levees, and other protective measures.
S. 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 -proofing 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 zonditions .
part of the terms under which the Conditional Use Permit is gran
of this Ordinance punishable under Section 14.2 of this Ordinanc
8
safeguards, when made a
shall be deemed a violation
CrrY OF ROsEIv ouw
ORDINANCE No. XVII.142
AN ORDINANCE AMENDING ORDINANCE
SUBDIVISION ORDINANCE
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA
SECTION I. Subdivision 5 SUBDIVISION DESIGN 9
City of Rosemount Subdivision Ordinance is amended by
SURD. 5.9 FLOOD PLAIN REQUIREMENTS. Land within tl
Ordinance B with flooding potential, inadequate drainage, la
unacceptable sewage treatment facilities shall not be subdivided.
water and sewage treatment facilities that comply with the prow:
with all other applicable city, county, and state regulations. Rc
and individual parcels within the subdivision shall be no lower
Regulatory Flood Protection Elevation. The Regulatory Flood l
required elevation of all access roads shall be clearly labelled
drawings and platting documents.
SECTION H. This ordinance shall be effective
publication according to law.
CITY OF
E.B. McMenomy,
ATTEST:
Susan M. Walsh, City Clerk
►. XVII.4
ORDAINS As FOLLows:
RDS of Ordinance XVHA
the following:
Flood Plain District of
of water supply and/or
11 subdivisions shall have
ns of this Ordinance and
access to the subdivision
m two (2) feet below the
tection Elevation and the
all required subdivision
upon its passage and