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HomeMy WebLinkAbout03/29/1994 TENTATIVE AGENDA SHAKOPEE, MINNESOTA COMMITTEE OF THE WHOLE MARCH 29, 1994 Location: City Hall, 129 Holmes Street South Mayor Gary Laurent presiding 1] Roll Call at 7 : 00 P.M. 2 ] Approval of Minutes: March 1, 1994 3 ] Proposed Zoning Ordinance a] Review of the draft Major Recreation zone b] Review of the revised Floodplain Overlay zone (bring agenda packet from March 15th) c] Review of the PUD changes from last meeting d] Start with Sec. 11. 60, Performance Standards, Subd. 6, Grading, Filing and Excavation (page 75) and go through the rest of the ordinance in order 4] Adjourn Dennis R. Kraft City Administrator — OFFICIAL PROCEEDINGS OF THE CITY COUNCIL COMMITTEE OF THE WHOLE SHAKOPEE, MINNESOTA MARCH 1, 1994 Mayor Laurent called the meeting to order at 4 :09 P.M. with Councilmembers Lynch, Beard and Sweeney present . Cncl . Dirks arrived at 9 :10 P.M. Also present : Dennis R, Kraft, City Administrator; Karen Marty, City Attorney; Judith S. Cox, City Clerk; and Lindberg Ekola, City Planner. Mayor Laurent stated that the purpose of the meeting was to proceed further with the discussion on the new zoning ordinance. Ms . Marty stated that Council has before them in their packet three new draft zones : the Old Shakopee business overlay zone, the Major Recreation zone and provisions from Valleyfair for a new Major Amusement Park zone. SEC. 11. ** OLD SHAKOPEE BUSINESS OVERLAY ZONE (B-1C) Cncl . Sweeney stated that the provisions drafted under Sec . 11 meet the concerns for the old Shakopee Business zone. Other Councilmembers agreed. SEC. 11 .31 MAJOR RECREATION ZONE (MR) Ms . Marty stated that staff was directed to go through the Racetrack zone and pull out the uses that could be permitted uses, and leave the other uses as the PUD uses . When staff looked at this it became apparent that that distinction may not make a lot of sense since we allow under the PUD provisions any use in any zone. So there is not a lot of sense allowing uses in this zone only by PUD. She usesained and onlythose theleast uses been conditional redrafted as onerous uses have been made permitted uses . Ms . Marty stated that Council has received a request from Valleyfair eo r racetrack one with ake them a lthe ar zamuse amusement park zone one . She stated tinto one she has combmbineddth zone . Ms . Marty explained that under the conditional uses in the draft Major Recreation zone she has listed commercial recreation, major or minor. She recommended deleting "a Class licensed race track" as a separately listed use because it is redundant . (Subd. B and all of its sub-numbers would be eliminated. ) There was also a consensus of Councilmembers that "J. warehousing and wholesaling" and K. research laboratories" be deleted from the draft Major Recreation Zone as they would be addressed during mapping. Ms . Marty stated that she recommends changing the density, she minimum lot size to 10 acres . Discussion followed. Instead of listing a minimum lot size, staff was directed to prepare for the next meeting language which sets the bases on which Council will determine a lot size for a development desired. Cncl . Sweeney asked if the draft ordinance prepared by Valleyfair could be melded into the draft Major Recreation zone prepared by r ; Official Proceedings of the March 1, 1994 Committee of the Whole Page -2- staff. He suggested that Valleyfair meet with staff to work on coming up with a combined zone . Mr. Griffith, on behalf of Valleyfair, stated that he felt strongly that Valleyfair should be different than part of a Major Recreation zone . He questioned why Council wanted all commercial recreation • uses wrapped into one zone. He suggested requiring 150 acres for a major amusement park. He said that requiring all uses to obtain a conditional use permit puts a burden on Valleyfair. Cncl . Sweeney stated that he is against creating one zone for a single use . Ms . Marty stated that she envisioned a broad PUD for an amusement park, not specifics, so that they would not have to come back to • the City each year. She stated that they will need building permits for each addition. Cncl . Sweeney stated that if staff and Valleyfair are unable to blend the two drafts into a single ordinance, that they should come back to City Council . Cncl . Sweeney noted that Valleyfair' s proposed revisions to the floodplain zone are quite different than the City' s . Mr. Griffith stated that their revisions are consistent with state statute and DNR regulations . Ms . Marty stated staff can make changes in the floodplain zone as suggested by Mr. Griffith. She explained that staff was misled when preparing their draft . For clarification, Ms . Marty asked if Council wanted Valleyfair to be a permitted use, a conditional use, or a PUD. Staff was directed to utilize the criteria discussed to determine which would be more appropriate. Councilmembers agreed to future meetings of the Committee of the Whole : March 15, 1994 from 5 : 00 P.M. to 7 :30 P.M. , and March 29, 1994 beginning at 7 : 00 P.M. SEC. 11 .41 . MINING OVERLAY ZONE (MIN) Mr. Ekola stated that Councilmembers were sent copies of a letter from Shirley Rutt . (Ms . Rutt asked City Council to consider allowing their five acres to be included in the Fischer Gravel Pit mining operation. ) Cncl . Sweeney stated that the only issue he sees with this section is if Council desires to do anything other than a conditional use permit for the existing mining operation at CR-83 . He is okay with this section other than allowing a modification of the use at CR- 83 . He stated that he feels that what is offered in the proposed use plan for that mine is superior to the outcome of the existing plan. Discussion followed. Mr. Ekola stated that the City has received suggestions for the mining ordinance from Bev Koehnen, cn the table . Official Proceedings of the March 1, 1994 Committee of the Whole Page -3- Bev Koehnen, 2036 CR-83, stated that she has compared the present ordinance with the proposed one and that there is little difference. She said that some things have been eliminated so the City will have less control . She stated that the problem with the existing ordinance is that the owners (of the mining operation) have not heeded the conditions (placed on their permit) . Mr. John Voss, Aggregates,Planning Consultant, Fischer : . . .and thoseareass tatedthat he wouldlike added toSec. 11 .41, Subd approved for mining. Discussion continued on how to address the existing mines which will be in conflict to the draft mining overlay zone which will only include land within the I-2 zone . Liza Robson, one of the owners of Fischer Aggregate, Inc . , stated that they are taking a pro-active approach to be more cooperative with the Cities they are working with. She said that the draft as presented will be more restrictive (than the existing ordinance) . Sweeney/Beard moved to direct staff to incorporate an EAW requirement to Sec . 11 . 88 (CUP Standards for Industry Zones) where appropriate. Motion carried unanimously. Beard/Sweeney moved to add a phrase to Sec. 11 .41, Subd. 2 : . . . and land within existing mines and land adjacent to and surrounded on at least three sides by an existing mine. Motion carried unanimously. Mayor Laurent adjourned the meeting at 6 :00 P.M. . '✓�C Judith S. Cox City Clerk Recording Secretary a) MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne DATE: March 23 , 1994 RE: Major Recreation Zone and Related Amendments BACKGROUND: On March 1, 1994, the City Council committee of the whole discussed the creation of a Major Recreation zone. Staff was directed to work with representatives of ValleyFair to develop an ordinance which would suit them and other commercial recreation uses. Staff met with the attorneys for ValleyFair and received their comments. They are in general agreement with the provisions of the draft Major Recreation zone. In order to meet their particular needs, they have made several excellent suggestions for revisions elsewhere in the draft zoning ordinance. A few of their concerns will best be resolved in variances which they may obtain as a part of the Planned Unit Development process. DISCUSSION: Four sections of the draft ordinance are involved: Sec . 11 . 31, Major Recreation; Sec . 11 . 60, Performance Standards; Sec . 11 . 61, Parking; and Sec. 11 . 70, Signs. Sec. 11 . 31, Major Recreation Zone. This is attached. It is nearly the same as the draft submitted at the March 1, 1994, committee of the whole meeting, with the changes recommended at that meeting. One additional change has been added to the draft : the language relating to a conditional use permit for overheight structures was broadened to reflect that a maximum height is not specified in that zone . Previously the draft required a CUP for "structures over 35 feet in height" ; now it requires a CUP for "structures over the height allowed based on their setback" . Sec . 11. 60, Performance Standards . Subd. 2, Exterior Storage, needs to have "planned unit development, " added in the first sentence, so that it reads "In all zones, exterior storage is prohibited except as regulated by conditional use permit, planned unit development, or as specifically provided in the zone regulations . " Sec . 11 . 61, Parking. Subd. 2 .B. 1 does not allow parking on grass for a business rush, and ValleyFair does use grass parking for their overflow lot . This is preferable to paving huge areas that are seldom used. To accomplish this, at the end of that paragraph we could add: " , or when the required parking is insufficient to meet a business rush, such as during the holiday season. " Subd. 2 .B.2 prohibits parking of recreational vehicles outside a very few areas. In order to allow parking of these at businesses and in campgrounds, that paragraph could be revised to read "A recreational vehicle may be parked for more than 24 hours only on an approved sales lot or self-storage facility, as specified in the parking provisions relating to residential parking facilities, or in a campground. " The phrases "for more than 24 hours" and "in a campground" are new. Subd. 3 .D requires all lines of parking spaces to end with a curbed area. This would be a problem for ValleyFair, and appears unnecessary for extremely large parking areas such as their and perhaps some industry uses . The second sentence could start with an exception such as "Except for parking facilities with more than x spaces in a row, " where "x" is a large number (ValleyFair is working to provide a number) . Another option is to base this on the entire number of parking spaces, but that may be less desirable due to uses like the Mall, which has many spaces in short lines . Subd. 3 .H establishes a minimum size for parking spaces. When a facility has many more spaces than required, this may be unnecessarily burdensome. After the first sentence, a new sentence could be inserted which would read as follows : "Parking spaces beyond the minimum required number may be smaller or of different dimensions than those specified in this paragraph. " Sec . 11 .70, Signs. Subd. 8, Signs Not Regulated does not quite fit the needs of a larger use with interior signage. Presently it exempts "signs not designed for view by the general public" . Better language would be "signs specifically designed to be viewed from within the lot or parcel of land on which they are located and not from a street" . In addition, in Subd. 10, Major Recreation needs to be added, and Race Track should be deleted from Subd. 12 . Sec. 11 . 83 , Zoning Ordinance Amendments . Subd. 9, Special Provisions for Floodplain Overlay Zones, paragraph A, relating to removing land from the floodplain, requires that the area be contiguous to lands outside the floodplain. The contiguous language actually appears to have been intended to apply to subparagraph 2, relating to filled land. Therefore, paragraph A could be revised to read as follows : "A. any one of the following conditions is satisfied: " , and subparagraph 2 could be revised to -2- add the contiguous language, so that it would read "2 . the area has been filled to or above the elevation of the regional flood and is contiguous to lands outside the floodplain; or" . ValleyFair has requested additional changes, but after discussion, it appears that those changes would best be addressed in their planned unit development . The other changes, such as allowing their flashing entry sign, should not be generalized to all major commercial recreation uses. ALTERNATIVES : 1 . Adopt the changes as proposed. 2 . Revise the proposed changes, and adopt them as revised. 3 . Keep the ordinance as presently drafted. 4 . Table for additional information from staff or ValleyFair. RECOMMENDATION: Adopt the changes as proposed. [2 3 ZONORD] -3- SEC. 11.31. MAJOR RECREATION ZONE (MR) . Subd. 1. Purpose. The purpose of the major recreation zone is to create a high quality environment for large amusement and recreation attractions with a regional draw, with a high degree of land use compatibility and street efficiency. It is further the intent of the zone to protect existing landscape features, to preserve open space, to sensitively integrate development with the natural landscape, and to require the planning of entire land ownerships as a unit rather than permit piecemeal or scattered small developments. Subd. 2 . Permitted Uses. Within the major recreation zone, no structure or land shall be used except for one or more of the following uses: A. public recreation; B. restaurants, class I; C. public buildings; or D. essential utility services . Subd. 3 . Conditional or Planned Unit Development Uses. Within the major recreation zone, no structure or land shall be used for the following uses except by conditional use permit or Planned Unit Development : A. commercial recreation, major or minor: B. restaurants, class II ; C. hotels, motels and conference centers; D. horse care uses including boarding, training, showing, grooming and veterinary clinic facilities; E. retail uses and entertainment facilities, provided such uses: 1. are an integral part of a permitted principal use; 2 . have no entrance except from within the principal building; 3 . display no external signage except on the first floor of the building; and 4. occupy not more than 25% of the ground floor area. F. administrative, executive, and professional offices; G. health and athletic facilities; H. private lodges and clubs; I. uses having a drive-up or drive-through window; J. essential utility service structures; K. day care facilities; L. relocated structures; M. structures over the height allowed based on their setback; N. developments containing more than one principal structure per lot; or 0. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals . Subd. 4 . Permitted Accessory Uses. Within the major recreation zone, the following uses shall be permitted accessory uses : A. parking and loading spaces; B. temporary construction buildings; C. decorative landscape features; or D. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. Subd. 5 . Design Standards. Within the major recreation zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements : A. Density: minimum lot area: Ten acres . B. Maximum impervious surface percentage : 80% . C. Lot specifications : minimum lot width: 300 feet minimum front yard setback: one-half of building height or 50 feet, whichever is greater minimum side yard setback: one-half of building height or 25 feet, whichever is greater minimum rear yard setback: one-half of building height or 30 feet, whichever is greater minimum rear yard setback from residential zones : one- half of building height or 50 feet, whichever is greater D. Minimum access spacing: County Roads 83 and 16 : No access is allowed other than to public and private streets with a minimum spacing of 600 feet . Shenandoah Drive and any continuation thereof to and including Secretariat Drive; and Fourth Avenue : Street and driveway access points must be separated by a minimum of 300 feet . Subd. 6 . Performance Standards. A. Construction Materials. All structures must be constructed of materials in compliance with the requirements of Sec. 11 . of this Chapter. B. Parking. All developments must comply with the parking requirements of Sec . 11 . of this Chapter. C. Landscaping. All developments must comply with the landscaping requirements of Sec. 11 . of this Chapter. D. Screening. All developments must comply with the screening requirements of Sec. 11 . of this Chapter. E. Signs. All developments must comply with the sign regulations of Sec. 11 . of this Chapter. [2 3 ZONORD] UJ/GJ/V4 11:t:.0 rn.& 014J4V10VV YVa,JLl ”II11.'L51 3a, DORSEY & WHITNEY w P.r+r sass no:.oaa.o Coaoit=an aOcazSTER,MN NEW YORE PILLSBURY CENTER SOUTH 220 SOUTH SIXTH STREET EILLINOS WASHINGTON, D. C• Mme- EA.POLIS,MINNESOTA 55402-1496 GREAT PALLSDENVER (612) 340-2600 PAZ(612)340.2868 DI I S S OZT LA OgAv4E COUNTY,CA • DES MOINES LONDONJEFFR8IB. SON �2 FARGO BRUSSELS March 23, 1994 Karen Marty City Attorney City of Shakopee 129 South Holmes Street Shakopee, Minnesota 55379 By Facsimile&Mail RE: Valleyfair Shakopee Zoning Ordinances Dear Karen: I have enclosed, subject to any additional comments Valleyfair may have, suggested revisions to the draft of the Major Recreation Zone that you faxed to me last week after our meeting, together with revised proposals regarding the various performance standards, sign standards, parking standards and the like. We have attempted to address insofar as possible the issues and concerns you raised during our meeting. After you have had an opportunity to review the enclosed, please contact me with your comments. I will forward to you under separate cover a mark-up of a few suggested revisions to your revised floodplain overlay district. Very truly rs, J ffre R. Benson Encl. cc(w/encl): Walter R. Wittmer G. Larry Griffith -1994 11•27 6i�_3i E,..,_ - f•1AF-�� Lvl�JL1 vVv U:3%LJ%b .1 4 11:cJ rAotcJ4vrow "t11LOL1 MEMORANDUM TO: Walter R. Wittmer CC: Karen Marty, Shakopee City Attorney FROM: G. Larry Griffith Jeffrey R. Benson DATE: March 23, 1994 RE: Shakopee Zoning Ordinances I. SUGGESTED REVISIONS TO THE NEW PROPOSED MAJOR RECREATION ZONE(SEC.1131): 1. Subd. 3: Add the following parenthetical after the words "Planned Unit Development" in the opening paragraph: "(any use allowed hereunder pursuant to an approved Planned Unit Development shall be deemed a "permitted use" for all purposes under this Code"). 2. Subd. 3: Separate out paragraph A into two classes, commercial recreation, minor and commercial recreation, major, as follows: A. commercial recreation, minor; B. commercial recreation, major, which may include the following activities, facilities and accessory uses in addition to the other uses listed in this Subd. 3: 1. amusement rides and attractions; 2. food, beverage (including alcoholic beverages) and merchandise sales; 3. theme parks; U4/LJ/U4 it:LV rAA vicovvlovv LVa�yua .aaa 1:•L1 v 4. picnic grounds and camp grounds, including recreational vehicle parks; 5. employee housing and dormitories; 6. theaters; bandshells; stages and similar facilities situated or constructed pursuant to an approved Planned Unit Development; 7. support buildings, including maintenance facilities and equipment; 8. retail establishments; 9. fireworks displays, light shows and similar attractions; 10. such other activities, facilities amusement and entertainment din ,or appropriate to, j facility. Reletter existing B. through O. 3. Revise Subd. 3.M. to read: structures over 35 feet in height, or, with respect to commercial recreation, major, structures exceeding the greater of 35 feet or a height which is equal to the distance of the structure from the nearest boundary line of the property multiplied by two. 4. Add at Subd. 4: "D. exterior storage so long as it is not readily visible from outside of the boundaries of the property;" S II. SUGGESTEDV NT PROVISEVISIONS TO IONS OF E THE PROPOSED SHAKOFORMANCE P ESD D OTHER RELEVANT ZONING CODE: SEC. 11.60. SUBD. 4. CONSTRUCTION MATERIALS. Add a new paragraph D as follows: D. In the MR zone acceptable materials include brick, stone, stucco, glass, glass urethane, wood, concrete, decorative block, painted block, cast in place or precast concrete panels, fiberglass,plastics, vinyl, aluminum; steel and other metals and any other 2 28 F1.=._=.0 80O = i ^�R-33-1994 1� UJ/GJ { 11.40 CAA VIGJYU7VVV ””11.101.1 materials which are appropriate to the particular attraction, amusement, building, theme park component or other structure at issue. IL SEC. 11.60. SUBD. 10. EXTERIOR LIGHTING. Add a new paragraph G as follows: G. The foregoing provisions of this Subdivision shall not apply to the MR zone, which shall instead be governed by the following provisions: 1. Exterior lighting shall be designed and constructed to limit direct illumination and glare upon or into any other lot or street. Reflected glare or spill light shall not exceed five-tenths footcandle as measured on the property line when abutting any residential lot and one footcandle on any property line abutting a business or industrial lot. Street lights installed in public right-of-way shall be excepted from these standards. 2. Mitigative measures shall be employed to limit glare and spill light to maintain traffic safety on streets. M. SEC. 11.60. SUBD. 11. NOISE AND VIBRATION. Add a new paragraph E as follows: E. The foregoing provisions of this Subdivision shall not apply to the MR zone, which shall instead be governed by the provisions of this subsection. In the MR zone noises emanating from any use shall be in compliance with City Code Sec. 10.60 and shall not exceed any standard set by the Minnesota Pollution Control Agency. Any use established or remodeled after the effective date of this Chapter shall be so operated as to prevent vibration discernable at any point beyond the boundaries of the property line. Ground vibration and noise caused by temporary construction or demolition shall be exempt from the these regulations. 3 Mc-=-23-19-- 11:2? 612=1=_t7R00 U3iL4/N4 11:Li rna OLLJlVlOVV 1/VA.7L1 •'AlloLl IV. SEC. 11.61. PARKING. Add at Subd. 2.B.1. : "Except in the AG zone and MR zone, . . . ." Add at Subd. 2.B.2.: "Except in the MR zone,. . . ." Add a new Subd. 5. as follows: Subd. 5. MR zone. The general provisions of Subdivisions 3 and 4 above shall not apply to the MR zone, which shall instead be governed by the following provisions: A. Access and Location. Parking facilities shall provide a direct access to a public street or alley. B. Traffic Flow. Parking facilities shall be designed so that vehicles may enter, circulate, park and exit in a convenient and orderly fashion. Backing onto streets is prohibited. C. Angled Parking. Parking spaces oriented at less than 90 degrees to the aisle shall be limited to one-way circulation. D. Surfacing. The minimum parking area required by this Chapter shall be surfaced with asphalt or concrete. Overflow and other parking areas need not be surfaced, but reasonable efforts shall be taken to minimize dust and erosion in such parking areas. E. Setback. A minimum 15 foot setback shall be required between any parking facility and a street. A minimum 5 foot setback shall be required between any parking facility and any other property line. These parking setbacks shall be landscaped in accordance with the requirements listed in Sec. 11.60, Subd. • F. Handicapped Facilities. Required handicapped spaces and ramps shall be provided as specified in the State Building Code. G. Minimum Size of Parking Spaces. All epark n areas required to be surfaced with asphalt or concrete h sP y with the minimum dimensional requirements set out in Sec. 11.61,Subd. 3. H. 4 111P- 23-19 11: E•1 27.:::17800 - • U.1,44,2)4 1149 CAA viLvsvivvv •H. Required Number of Parking Spaces. Anything to the contrary in Subd. 4 above notwithstanding, the minimum number of required off-street parking spaces for commercial recreation, major shall be as follows: amusemenst rides,aces r each acre themeparks or developed with buildings, entertainment attractions, but excluding acreage devoted to parking areas, camping areas, picnic areas,golf courses or similar open areas. V. SEC. 11.70. SIGNS. 1. Revise the opening paragraph of Subd. 12. as follows: "Subd. 12. MR Zone and Industry Zone Regulations. The following signs shall be permitted in the MR, I-1 and I-2 zones:" 2. Add a new subparagraph H. to Subd. 12 as follows: "H. Any provision of this Chapter to the contrary notwithstanding, in the MR zone there shall be no restrictions or prohibitions with respect to signs that are not designed to be viewed from the public right-of-way, are not a nuisance, and are not a safety hazard." 3. Add a new subparagraph I. to Subd. 12 as follows: "I. Major commercial recreation uses shall be allowed one free- standing sign per facility or street frontage up to 350 square feet and 30 feet in height from the existing grade shall be allowed when the following requirements have been met: 1. Signs less than 20 feet in height shall include a landscaped area at the base of the sign at least 10 feet in width at the narrowest point and extending at least 5 feet beyond the end of the sign. Signs greater than 20 feet in height shall increase the area to be landscaped by an additional one foot in both length and width for each 2 feet of height in excess of 20 feet; 2. The bottom of the message portion of the sign shall be not more than 10 feet above the top of the landscaping; MAP-23-195 11:3n E/23407800 9�.. 03/23/41 ii:20 rAA 014o4VIOVV 3. The pylons or support structure f the sishrubs; shall be screened with evergreen 4. Other durable plantings at least 2 feet in height shall be designed to occupy a minimum of 50 percent of the required landscape area; 5. The required landscape area shall not encroach on the public right-of-way; 6. The sign and landscape area shall be maintained in a neat, clean and orderly manner; 7. The facility shall have at least 2 feet of street frontage for each square foot of signage. 8. The sign shall not create a health or safety hazard." PLAN[VALLEYFAIR WILL NEED TO ENSIGN] THAT ITS PUD PLAN EXPRESSLY ALLOWS ITS EXISTING ENTRANCE I. SUGGESTED REVISIONS TO OTHER SECTIONS: 1. SEC. 11.85. CONDITIONAL USE PERMITS. Subd. 9. T . (p. 206): The revisions have shortened the period in which a CUP will lapse if the use is discontinued. The existing period is 12 months. The new language is "A conditional use permit will expire if the normal operation of the use has been discontinued for 6 or more months." I am not sure what the phrase "normal operation" means in the context of a seasonal business. Also, it is not always feasible to restore operations within 6 months of a casualty. The original 12 months should be restored. 2. SEC. 11.83. ZONING ORDNANCE AMENDMENTS. Revise Subd. 9. A. as follows: Subd. 9. S•ecial Provisions for Flood•lain Overla Zones. In addition to the criteria required for any change to the zoning map, all of the 6 MAP-27-1994 1 612 3407E 0 • US/Z4/y4 11:L77 rAA V144IV UUU tiva..ia:a nnaa: LL • following criteria must be found to exist before the floodplain overlay zone can be removed from any land: A. Any one of the following conditions is satisfied: 1. the original map was in error; 2. the area has been filled to or above the elevation of the regional flood and are contiguous to other lands lying outside the floodplain district or flood control measures which meet the requirements of the rules promulgated by the Minnesota Department of Natural Resources are constructed and operative; or [note: this revision mirrors the'language of Minn. Rules. §6120.5800. Subp. 2.) 3. the Commissioner of the Department of Natural Resources has determined that the lands are adequately protected for the intended use; B. (no change] C. (no change] 7 MAc -23-19 11:71 til O0 MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE : March 3 , 1994 RE: Floodplain Ordinance Provisions At the request of ValleyFair, I have reviewed the provisions of the draft floodplain ordinance against the model DNWefloodplhaveain n ordinance. I find that I agree with ValleyFair, that our ordinance more cumbersome mthanf nethcessary.DNR The existing draft also misses some of thenuances In order to decrease unnecessary regulation and simplify matters for facilities in the floodplain, I have reviewed and revised the draft provisions . I am recommending to you that we delete the existing draft provisions and replace them with the attached. For your convenience, I am attaching both a "clean" version and a marked-up version showing the changes from the existing draft. I will be discussing this with the attorney for ValleyFair when we meet to revise the Major Recreation zone provisions . Signed .61/1 _ 1___, ij - - Karen Ma, y, i y - ttorney cc : Dennis Kraft Lindberg Ekola Judy Cox SEC. 11.43 . FLOODPLAIN OVERLAY ZONE (FP) . Subd. 1. Purpose. The flood hazard areas of Shakopee are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures or flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. This section is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota department of natural resources . It is the purpose of this section to promote the public health, safety, and general welfare, and to minimize those losses described above . Subd. 2 . Areas Covered. A. Generally. This section applies to all lands within the City shown as being within the floodway or flood fringe areas, which together shall be known as the floodplain overlay zone. Such areas may be shown on the official zoning map or on the flood insurance study for Shakopee prepared by the Federal Insurance Administration dated and the flood boundary and floodway map and insurance rate map dated , all of which are hereby adopted by reference. B. Floodplain Subzones. The floodplain zone is hereby divided into the floodway area and flood fringe area. Together these comprise the floodplain overlay zone. 1. way Area.designated asThe floodway area includes those areasfloodway on the flood boundary and floodway map. 2 . Flood Fringe Area. The flood fringe area includes those areas designated as floodway fringe on the flood boundary and floodway map. Subd. 3 . Permitted Uses in the Floodwav Area. Within the floodway area, no structure or land shall be used excefor one orse more iet of the following uses, which also must be a permitted underlying zone: A. agricultural uses; B. parking and loading spaces; C. airport landing strips; D. commercial recreation, minor or major; E. public recreation; and F. recreational equipment . Subd. 4 . Permitted Uses in the Flood Fringe Area. Within the flood fringe area, no structure or land shall be used except for one or more of the uses permitted in the underlying zone . Subd. 5 . Conditional Uses in the Floodway Area. Within the floodway area, no structure or land shall be used for the following uses except by conditional use permit, which also must be a permitted or conditional use in the underlying zone : A. structures accessory to the permitted uses listed above or other conditional uses; B. placement of fill; C. mining and storage of sand, gravel, and other mined materials; D. marinas, boat rentals, docks, piers, wharves, and water control structures; E. railroads, streets, bridges, utility transmission lines, and pipelines; F. storage yards for equipment, machinery, or materials; G. campgrounds, including campgrounds with facilities for recreational vehicles; H. structural works for flood control such as levees, dikes, and floodwalls constructed to any height where the intent is to protect individual structures, and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event; and I. other uses similar in nature to uses described above and which are consistent with the other provisions of this Chapter, as determined by the Board of Adjustment and Appeals. Subd. 6. Conditional Uses in the Flood Fringe Area. Within the flood fringe area, no structure or land shall be used for the following uses except by conditional use permit, which also must be a permitted or conditional use in the underlying zone: A. fill or other similar material, such as for on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal, or construction of flood control works, where at any one time in excess of one-thousand cubic yards of fill is located on the parcel, unless said fill is specifically intended to elevate a structure; • or B. structures not elevatedSubvB below;iland flood proofed in accordance with C. storage of materials or equipment below the regulatory flood protection elevation. Subd. 7 . Additional Requirements. A. Floodway Permitted Uses. Floodway permitted uses shall meet the following standards : 1. The use shall have a low flood damage potential; and 2 . The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations, or storage of materials or equipment . B. Flood Fringe Permitted Uses. Flood fringe permitted uses shall meet the following standards : 1. All structures shall be elevated on fill so that the lowest floor including basement floor is at or above the regulatory flood protection elevation. the finished fill elevation for structures shall be no lower than one (1) foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon. 2 . As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet for the outside dimension at ground level may be internally flood proofed in accordance with the FP-1, FP-2, FP-3, or FP-4 flood proofing classification in the State Building Code. 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: a. 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 b. Any mechanical and utility equipment in the structure must be elevated to or above the regulatory flood protection elevation or properly flood proofed. • 3 . The storage on f f any materials or equipment shall be elevated to the regulatory flood protection le elevation. C. All Flood Fringe Uses . Flood fringe permitted uses shall meet the following standards : 1 . Access. All new principal structures shall have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation. A variance may be granted to this requirement if the Board of Adjustment and Appeals finds that adequate flood warning time and flood emergency response procedures exist, and if specific limitations are placed on the period of use or occupancy of the structure. 2 . Business and Industry Uses. Accessory uses to a business use, such as yards, railroad tracks, and parking facilities, may be at elevations lower than the regulatory flood protection elevation. However, facilities to be used by the employees or the general public shall not be allowed in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth greater than two feet or be subject to flood velocities greater than four feet per second upon the occurrence of the regional flood. 3 . Industry Uses. Measures shall be taken to minimize interference with normal plant operations especially along streams having protracted floor durations. Due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. 4 . Fill. Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover, or other acceptable method. If a change of special flood hazard area designation will be requested, the Federal Emergency Management Agency criteria for compaction and side slope protection should be investigated. 5 . Hydraulic Capacity. Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the zoning map. D. Public Utilities and Transportation Facilities. 1. Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems shall be flood proofed in accordance with the State Building Code or elevated to above the regulatory flood protection elevation. 2 . Transportation Facilities. Railroad tracks, roads, and bridges shall be elevated to the regulatory flood protection elevation 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. Local roads or railroad spur lines may be constructed at a lower elevation where failure or interruption of service would not endanger the public health or safety. 3 . On-site Sewage Treatment and Water Supply System. Where public utilities are not provided, on-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems. 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 Chapter. E. Relocated Residential Structures. The placement of relocated residential structures, including new or replacement manufactured homes, will be treated as a new structure and may be placed only if elevated in compliance with this Chapter. All relocated residential structures shall be securely anchored to an adequately anchored foundation system that resists flotation, collapse, and lateral movement . Anchoring may include, but is not limited to, use of over-the-top or frame ties to ground anchors . F. Permit. In addition to the usual Building Permit required for new construction, the Zoning Administrator shall grant a permit prior to the placement of fill, excavation of materials, or the storage of materials or equipment in the flood plain. The applicant shall 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 Chapter. Flood proofing measures shall be certified by • a registered professional engineer or registered architect . G. Record of First Floor Elevation. The Zoning Administrator shall maintain a record of d he elevationoanew of the lowest floor (including basement) structures and alterations or additions to existing structures in the flood plain. The Zoning Administrator also shall maintain a record of the elevation to which fouodtpralterations* (delete paragr ph F intstructureso Subd. 13of Sec. flo proofed. 11 . 85, CUPs . ) * Subd. 8 . Warning and Disclaimer of Liability. This Chapter does not imply that areas outside the fillpbeln freeerlay from zone flood ngor aod uses permitted within such zones will flood damage . This Chapter shall not create liability on the part of the City or any officer or employee thereof for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made hereunder. ****************CUP provisions • M. flood fringe area structures not elevated on fill or flood proofed: 1. shall elevate the lowest floor above the regulatory flood protection elevation. shisy be l walls,done through the use of stilts, pilings,, Pa a etc . , or above-grade, enclosed areas such as crawl spaces or tuck under garages . The base or floor of an enclosed area shall be considered above-grade and not a structure' s basement or lowest floor if : (1) the enclosed area is above-grade on at least one side of the structure; (2) it is designed to internally flood and is constructed with flood resistant materials; and (3) it is used solely for parking, building access, or storage . In addition, the following additional standards shall be met : a. Design and Certification. The structure' s design and as-built condition shall be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. b. Specific Standards for Above-grade, Enclosed Areas. Above-grade, fully enclosed areas such as crawl spaces or tuck under garages shall be designed to internally flood and the design plans shall stipulate: (1) The minimum area of openings in the walls where internal flooding is to be used as a flood proofing technique. When openings ae for placed iny ofa structure' s walls to provide flood waters to equalize pressures, the bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or er coverings or devices provided that they permit the automatic entry and exit of flood waters; and (2) the enclosed area shall be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the State Building Code. 2 . for a dwelling, shall not have a basement below the regulatory flood protection elevation; 3 . for a structure other than a dwelling, may have a basement below the regulatory flood protection elevation, if all areas of the structure below the regulatory flood protection elevation are flood proofed to the FP-1 or FP-2 flood proofing classification in the State Building Code. Structures flood proofed to the FP-3 or FP-4 classification shall not be permitted. M. flood fringe area fill or other similar material, such as for on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal, or construction of flood control works, where at any one time in excess of one-thousand cubic yards of fill is located on the parcel, unless said fill is specifically intended to elevate a structure : 1. shall submit an erosion/sedimentation control plan, clearly specifying methods to be used to stabilize the fill on site for a flood event at a minimum of the 100-year or regional flood event . The plan shall be prepared and certified by a registered professional engineer. The plan may incorporate alternative procedures for removal of the material from the flood plain if adequate flood warning time exists. M. flood fringe area storage of materials or equipment below the regulatory flood protection elevation: 1. shall not include the storage or processing of materials that, in time of flooding, are flammable, explosive, or potentially injurious to human, animal, or plant life; and 2 . shall submit a plan for removal of the materials and equipment from the area within the time available after a flood warning. N. floodway area structures accessory to a permitted or conditional use: 1. shall not cause any increase in the stage of a 100- year or regional flood or cause an increase in flood damages in the reach or reaches affected; 2 . shall not be designed for human habitation; 3 . shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures; 4 . 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 minimal 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: a. 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 b. Any mechanical and utility equipment in the structure must be elevated to or above the regulatory flood protection elevation or properly flood proofed. 0. floodway area placement of fill : 1. shall not cause any increase in the stage of a 100- year or regionalsinthe reachor reaches affected, orcause in flood damage 2 . shall not include spoil from dredging, or sand and gravel mining operations, unless a long-term site development plan is submitted which includes an erosion and sedimentation prevention element; and 3 . shall be protected from erosion by vegetative cover, mulching, riprap, or other acceptable method. P. floodway area storage yards for equipment, machinery, or materials: 1. shall not cause any increase in the stage of a 100- year or regsoinithe loreachod ror careaches affected.use an increase in flood damage 2 . shall not include any material that, in time of flooding, is flammable, explosive, or potentially injurious to human, animal, or plant life . 3 . shall be limited to materials or equipment which is readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the Board of Adjustment and Appeals. Q. floodway area uses including (1) mining and storage of sand, gravel, and other mined materials; (2) marinas, boat rentals, docks, piers, wharves, and water control structures; (3) railroads, streets, bridges, utility transmission lines, and pipelines; (4) campgrounds, including campgrounds with facilities for recreational vehicles; and (5) other uses similar to those permitted, shall not cause any increase in the stage of a 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected. Q. floodway area structural works for flood control such as levees, dikes, and floodwalls constructed to any height where the intent is to protect individual structures, and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event : 1. shall be subject to the provisions of Minn. Stat . Chapter 105, if they will change the course, current, or cross-section of protected wetlands or public waters; 2 . shall be prohibited if they are community-wide structural works for flood control intended to remove areas from the regulatory flood plain; and 3 . shall not cause an increase to the 100-year or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream. SEC. 11.43 . FLOODPLAIN OVERLAY ZONE (FP) . Subd 1 Purpose_. The flood hazard areas of Shakopee are subject to periodic inundation which results in potential loss of life, health and safety hazards, disruption of commerce loss of property, ublic expenditures or and governmental services, extraordinary p flood protection and relief, and impa health of safety x the tabaseand general, all o which adversely affect the publicle method of welfare . This section is based upon a e with bthe standards analyzing flood hazards which is consistent established by the Minnesota department of natural resources . It is the purpose of this section to promote the public health, safety, and general welfare, and to minimize those losses described above . Subd. 2 . Areas Covered. A. Generally. This section applies to all lands within the City shown as being within the floodway or flood fringe areas, which together shall be known as the floodplain overlay zone. Such areas may be shown on the official zoning map or on the flood insurance study for Shakopee prepared by the Federal Insurance Administration dated and the flood boundary and floodway map dated , all of which and insurance rate ap are hereby adoptedby reference. B. Floodplain Subzones. The floodplainzone isod hereby divided into the floodway area -4 - andfringe area. Together these comprise the floodplain overlay zone. 1• Floodway Area. The floodway area includes those areas designated as floodway on the flood cu :€ a iii st.0 n4 map. :moo:< ' 2 . Flood Fringe Area. The flood fringe area fringe gee on includes s '3 those areas designated as floodway ��a :flood map. Subd. 3 . permitted Uses in the Floodwa Area - _ _ _ _ _ no A��.• Within the floodway 404 of the structure or land shall be mmustbe formore in the following uses, which aloust bepermitted use underlying zone: A. agricultural uses; B. parking and loading spaces; C. airport landing strips; D. commercial recreation, minor or major; i . E. public recreation;cxcluding buildings; and F. recreational equipment . grdif........ ...............w::::•.v: .v:-.-.w:::.....: .::.. v,�:y •,......::Y.,::•.....::::..::,.:.�::. .......... :::..:v-}'-vi}Y. ..•::.-..r::-{::v::i.;:•`}}:'•{:•:v}}}}:::i:•i::::i:•{:.::.....,<-: ,: ......::•.::..:...::::.:.::._-.;•x.,..,v•.v:.7-- 4i:.::-}'}}Y•`1':!�............::......:.::....:.:�::::":.:::.:ii:::..:. ':. .i:.i:: : .i':i:.::i::i::i v....,,ii:� .:.:::i:i:.. 'Zi}v..i?::i}i:\.. Y' :-...:. ...:�::•:.^>�'r: ..:•: •..' ': wry^" } .; anti;. ..��••wwcc.yy..::}. ���:<.:: ��:::» �::.:: ........:.}}:�::.}:::::::.�::::::::::::::::. Subd. 5 . Conditional Uses in the Floodway Area. Within the floodway area, no structure or land shall be used for the following uses except by conditional use permit, which also must be a permitted or conditional use in the underlying zone : A. structures accessory to the permitted uses listed above or other conditional uses; B. placement of fill; C. mining and storage of sand, gravel, and other mined materials; D. marinas, boat rentals, docks, piers, wharves, and water control structures; E. railroads, streets, bridges, utility transmission lines, and pipelines; F. storage yards for equipment, machinery, or materials; :..: . . .: ..:..far yFk}:.. : :' :.} :.'.' d :M. :-;ry: a... IOW—: .::: a ..t ..;::tae...........:::::::.:.:::......:.«:::... VE:. ...:. :::::::.': Q»:en:-.>::>: ie::..: t:::;w : :e::::;te;:<; t ezt :.}<::'':::.::.:..:.:.':emsg:}:.41' #54:044::.fs .r :eo*gsi}:.}}:}}: ::.;;;:.}:.;:.;:.};;:;:< :.::.}}:.;:>.}}>:;.::..:.»:.}:::�.:::.::.;:.}}}: ,.:. :.}:.::.:.:;:.:;:-.;.::.;._:.}.:<:::»::..::.:.'�c tura . crc .s:..for.. a • :. ::: <:::>;.:;:: <:>::}::.;:.:: . :•::}... :.... rote. : ....a......:: :..;:.;: :.;>::::.:_::;:::; .::::.:-:: ?:,.<�:: ::;:::;>:iiia..: . :.exe':;::.th.e.}}::�.nte�:t.::::�.e.,.::t�.::.p.:::::.:.,.}:.};:.::.}:.}};':;:::.::�'.:::::::>:.�:.�:.,.::::::.........:.;''<.:':.;:.}:.;}'.}t:,�..;.::::.::: : ........ .... fre:.. enC:}:;flo a nt an:::;.: other uses similar in nature to uses described above and which are consistent with the other provisions of this Chapter, as determined by the Board of Adjustment and Appeals. Subd. 5 . Conditional Uses in the Flood Fringe -_Area. Within the flood fringe area, no structureland shall be used fore ..... .:.}:.}:<:.::::.:'. $116 .� . ; .,» :.;:;:.}:.}}:.:�:.<::.:>�':»: ::}:.;:.;;};;::.;".;>::.}:.::.;};,.}:,,:.}::.�::.::::::}:::::::..:::::::............ ................ ' :>:<.:;.}:.::;'.;<':.}::;:-:;-: ;;>::.}::::::::;.;::;::;::::<:..}-::.>..,..:..i:..:...:...:..: ma be crcctcd or used except by conditionar use perit, for a use which is a permittc , conditional, or accessory use in the underlying zone: ..............::::. �:v.v:::-:::::::..:v...::::::nvx...,,:,.:::..�:::C:pN:J1}};:i;:.:iftk•..%si:�i:Sfii:+.�QT.�.vC-}:-T}i:4f.N.•\k;}:}�:�:�,..S:%:iii}::;T:.v.%:%rri:i:}:;:;:Q}:^::•�!/vG x}_. }...}...n....; •:}•:. }}:-.-•\•::::•ti:}-::�}::P�vv;:::4.1;:::::.hy.::}'::,:::.:iii!::::::.::...:..:.... :. .:.v;.}}}}}:.}:: .::-:::iii:: :vii-}::.:....:}�:.i:::..::...:: :}.}.:,• ' :1 :.: :... NF •::i::8.007 ::<:»::.r.:. .:z<::<:>:.:,..'•. :: >:: X;t•-::.'.'.3...3 :4 of flood control works, .106 at any' One time in exceS1 of one t casana cubic yardsto of Hyl is catder ©xx th i �arce'X4 less said f SII is spec_ _ca ..,..... .d : aft ...... letia ea s:ructure ,, ...,...::.$...::::i:: ., .. :,.: ei aced''' c , • 2 .1� � lo0� 0.}4� ;f, { 145 : .3 . ueloSAw, aid 1,."....• ...:. . .• :,. ..<>> . .• `..;Ot errxthe zg . ittirtie :::::}ry.:...:: ............... Subd. 6 . Additional Requirements. A. Floodway Permitted Uses. Floodway permitted uses shall meet the following standards : 1. The use shall have a low flood damage potential; and 2 . The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations, or storage of materials or equipment , and shall not advcr3cly affect the capacity of thechannel3 or floodway3or ditch, or any othcr drainage facility or sy3tcm. B. Flood Fringe Permitted Uses. 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L.V•:v:rw:. :.{.yr? ? .�..�'•"•�". n?%.:" •\•r:•}r:;.:;�??•, ':':•jj::::i::::x.}{�.r/J% -$vF.:Y1...^jl;:}-?:;ti�•+.:.}}}r:F :. ::r: F:::iii..'xj}"j:%} :vj;:jtvii-{r:::::::+•:%rj::s•.:?:j::: :•-?:;;:;} ..,....:::: t,::. ....... .'.'.., <,j::t:{:.ji:r;: ?•::J?:;?:-? :: . . ..... . ::j::at::j ��:<:::ab�o:��:::>:<s�:::;� : �:;.'>.:��::;�n::>;x��• :<::�c�xe .:;n.. .......�.K..,.....:.::....`.....m:].�w:;:::::::::•:;.;:::tiy::..:.::v m w::::::;::t,.}':?t:.?':::::?•'f.[}•J^J;•vGrv...hvrek;. h}:..::::::::r::r.{%<::;i ijijl:::J ll �? :::3y.., :i:���;iR[:'r:. M! ::;:::;�e!;... ::� }:,J;:...�:::v�:vCr.`;i:•}X•???^•}:J:'v?j•}: k --:::::.v v?Y•' -:r ' •}• .•..• , 'kC:i:::::rii•,{,. 'v.YF+J Jr ::.:;.:. +:;:'•°,cX:.•:t?.�?:;+:�;:a'}^;{tjrr:�:�?±"+'v .:�:ji:•t.'::i::i�::: :J ..:x:t:.�:}i:y?':•- '..i:'•:;:;... ��`: -.::::: .. . t:.: ..:at::::::> {. }:-:>::var an: -':>ma:}:•.,•:::be:..:. :.::<an ;,'.'•.:.:a j.;t xA : s fix. •.,::.�::•:;.v+�{�� ::---- �' ?•:,':.r.�..•,•�•.',�,;•.'�•.:.}:.}:.:;.?:•::�. •t:�?•:::::. :;:•r:•: }a.t:•:iv :r L�.�++F..'vi:::.' :: :..'?e?:?::i:4!'' } ..'.`•:'t. :t YLTG A::;.g.-.- 4:::: : ::r.5h.; .F- F :J`v:ejf, - \ fv 'ti •:..w:.?:•::ttiti•.y1.r;•.n.�:::.}:::v.�.Y::J:•:J::t};:i-}•n-•. •, y�++ y. :ale:::::j: :floc `:'-.'-:.��''..�x..�:tn�n: � :�i� :>:an �flood 't-r- ..e��y �.�,,yy::f�k.}�i!!tt : :o:?. :.L-�R K �t 'iti:•.'''.'fiFr.'..:...•.:..:... :::::::::r?......._: J...'•,r:C..Yf:n:k:::j::::5?F : ::;??:•r?r•. 4 .:�r:k�Si,.>.�::::.;:•r. t"w,.�',157:'..?�i� !7�::`:`:::'::}: •r• ;..�.+.}.,..:::•r\r{jF` .... +.ri.'?y>:�'n.Al v.}w:'::..1.:.... v J'tiv+:-??'r•i: , :::4:?.; u} Y::jj::>::>:<:::wn:.k' :tt.>:.?:.?:�v�'+�•+�F.%��:::<;:::jj:<:j:ro<}':v.»:r::.:'-<::<::>j::::;h:.:>;?L^: �!:a{♦,�'tM .}:+:�::R::�::•:�>' ::»;::..:.:.:�.};:.r ..... :::: f�•.•:,:•TiJ.•'•ri::r ccu -.Ma.'�'_.'.}.ii:]tof the: ' ;Y.r:S1='.�1M,:vM'•.gr# >Uses.»:?±:jj•:: egoo. ; f�:n` ='r ••': _.a �-?:.,.::r:r:: ::..: t:.::::::::>::> <::: :?:.<>r:•hJ:.?:•:jt+; J . • a:::;r'd—g,;;>:<rai lroa.• frac s, and . : sh : such as yar • parking facilities, may be at elevations lower than f the regulatory flood protection elevation. However, facilities to be used by the £':d _ '• '�• 'V general public shall not be allowed `in the a `sence of a flood warning system that provides ! adequate time for evacuation if the area ue 3s inundated to a depth greater than two feet or b I subject to flood velocities greater than four feet per second upon the occurrence of the regional ? flood. •.lY:'�.:-r:r. :,}y.snaSSMau +t?::v :J±.hJ v / 6•+.5,`•:<?.}:ririf -f .. ^tij-?+. :y.�w��{�.�y�y;? 110 �+W :ti:isj:yi�\?F;•}r:Jr}:::::"!:j}}:•}..?w:-=tii•'.Y ;::v''�+i%:hsti„ ,.::i{:a•+.::nJ;ti;.:Jh•nr?::•:ijj:;::i:j::r':i::t'::::: :iti::•i:v. : J ..fi:.: ::v :tir?? t 0.}.. .+..�rtr:.;{v ::Ffi. to- �.rF.tigfry:::f}:'�:'::^�••j-:��:.�. {.,v,.J;}"i ''i ?...t",.rY. 1�� yi- iiitiM i iii......... f.:..:::::::: ...;-:i:?•:;;.::•::::;.r,. .....:.:......:::::.rF: '�:r:•:..;.;.:.:.�>�:. ..... r......:.;-::: .......:::.o.2.r~:•:.:.?::�tlA{t{r?.: ?:r:�;,.�.?::?::.:: ,r}...+......+: :.:.:.:e, :...::::. . .x::. . .:.• se> us: : ies f; •r::.:.: ;?`ir.e..s??z< t ::::::•.y.:.,.::..- .,}{�;�?::::..�w}�,�;.••-?:�?.:.}nGjj};:•::::.yA,.. gf�?,•:•:j:j:::::�:::;c;;::•r:•>:j::j:;:::?rrr.:.•,•::::::...........:::::... 4 . Fill. Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative _rcoverryr-::.or other+++ •.acceptable method. f, I Y` change flf s ac ; . ,azar area .:::::.�::.:.:�.:;.:•..,.:::.::.�::::::...>.::r:..:ir: :.v.::::.:..::.:.::i.;:.?:.;:.:.?:.?:.:::.?:.:::.::: .r:..:•.:.::.r::::::...N .F-:.?:.?::.::::. ?:i.?:.r:.r:t::;,'>:;<?.:...?:.:.:.;:. ::. m> *nay::rM `...} ?:.?:.?:.??}}}?t}:.}::�3:.r:.r:.;r:.;:. .::::::::::::::::..:::::.::::::.:.:.............:..:......:....:.... v:x:};;{%F.iv::::v�h\•.w:: :rr:r.\v..:.........................:...................................................... i and sale a0p P..;... ... * jwas in the CUP conditions >::>::>:; :..:.......-d.:=,1a: : e . nts shall vers. :.:.h::':> iiiiiiii not:>::>:�:...� : Y.: :::.::.v:.::..... . :<...,.:,..: ;.. ....�(y�j. �::.:. �:Av:n{`A:::>.•.;i{:^'.:;i::J`:::.`� .� }•'v;::•i: :,:.. '.:ii%G�iLii; :��:�:�:�';•...;::••;. >: �[�#»:�C�: :fi�1..;]n:1,3;�1s; :,:.:»>:z;:»s<> :<a:<>:;;:::;:�:;.::;<;•.:.:;::>::>;::..:>:<sr ::;;:.::..:..1.:Y �t�4 urs : :rir:oto.:: 4: :i::::::>:Y:,i:ii.<i:iiii i*::i;::.;i,i ::>:;:::. i.i.... ....;.::.:::.:;:::: >::>::.; . : . :l: Vgl'i :as not..> been.. p::;;;»:>'::::>::»;;:.:;;;>;::.::.::::::::. other enoroahmen ............. . . . the::,>:Zan. ng<:> p'.; * (was in the CUP conditions Wit-_o D, public ut Transportation Facilities. ii :� ::>:;;:::..;.<:::>::>:.:;:..:.,.....:..;::.;:::>:2::.... ..::;:.:;::: •:;:• r::>:::artt'A::>::>: a . . . :; y inimmtT ;.:.;;;:.:::.>;;;::>�.,.;_:;_;:.::<:..:.;.::.;:. <E:ii ..........:.:;;;:; .:.::•.;::.; ewer.:;;:.;:< r,,,,,,..:v ;::.:;:.:>:.:.;>::; ':5:::;.: ::>::; e.»:.<old :: .yor�t:.:::.;;.�.>:.;::.:;::.;;;:.;;:.:.:.;:::::::.::::::::::<:::.::::.:::::::.::.....,:... :.:::,:.;;;x::;:;<:::::2; . :.::::::>�::;<::;:;2;::;:;::;:: Railroad tracks, roads, >'> > t.:4>::::>:><':::>:;:>::>>2::2:>e:: .::.: treated as a new structure and may be placed only if elevated in compliance with this Chapter. All relocated structures shall be securely anchored to an adequately anchored foundation system that resists flotation, collapse, and lateral movement . Anchoring may framed ties tolgrou d anchors .not to,(la t sentencef twast over-the-top or frame from CUP conditions) * w:::::n.nw::q..... v..}:?L:::i:2 .�4}:}:?!-}}:. :•.:::}}:: ya ::.Y.•• .,w:.v.,{,:.: 4},v • �:}:A"}l:nA{..:y:•'•.v `.S;i`X�'.vE:i: ':;h -}.S`\:YY,.{;ti}:. �:} ::}•T1 ::: ".\''.': •.�� .'W,....:.:.,:::.....,,i. F'•"' '.•Y.':.': .... ; \. �+. �`•}.' is}A A`t}•. .�:.. y:: . �j },�.••:. '.ti.v,'^�i:`:,}:� Y".,�:. ,'h.'v;;vY ::•.'ry.:.. r �Tti' v�.;+:•{}. ?`•ly1 .•i:}. .' , :..lei :.:. + ::� ,. ti;},.:{%•:v.:•%:;>:'L:}}}}:TT;:::.:.K.,.:: .��}.';�G� h '.Xic"•7R:.' is7. Xiii: :.•4}}}:.:}}:•:: :. ':A:;i: {:rt :�'v}.+�"i�}y.."v�y �} '.`3i\ii" ,�. '}:r . .�T i:nri'4.....,. ipeO 1. iw�.'.•3!w" ..:��L;:?Ff1'f:}l�i(.,::::::::.}•:::•.:.:\S •; :;::.}-' v4.{:.. '.. vi :;;:Q:':':W;:} .}..,y+�:�:�y :•:V.:.. .r:'V �j�� r � is£B .L. ;?•!!:�y.'. �:i::v;;:;.}..:::::::. no ..:. '":; t>.-v •::is}:.:: - Aririfi ".:i• ;}���M... .'.� :�.: .g•`}"'U''' v� ::.1.,...r:1;:>.%:::-`.•: :;;\ '+.i{`' `Y,.`?CC+�i:::;Yti}r:•}:}::i:}:•}::•}::f,.».: .�.-lac}..:... :.};::...:-".: .v.•.::,. �•�*.''�#��,--- t: ».'•" �'t��l?�!�::'1;: ���ff� .:.:..v} } .. } � .: r'h ::n. r ;•}:•:Rx:.x}}}}::.::::i;;;ji:::;}}}$iii+;%. -30.....,:,::::.:.• : � ;: . : : r. . , :$Sa{ , vy :� ::� vz •::aio } tiavim . ,,:::: : :.i<; { ? ' ` ' : ; } ."` : <. ,. .} .: '• 'es ' 41i: M1'� s .mii _ %� 6te % i, . - ..... ..... i., , ��•.:::�}:•�::: � ) ` � ti } }\ ; ' \ r { ' : t 'i.oi`� fS`.;}m( s ' tng v "` i , ygii}? , :tF � . . \i %{ J •iit i: ",% ::"/.�::1Yi ,: yinwQn. v� itin i . xagn � , gY� :{.%:iY .. k }:h : teanvya: . 4 { w � �eCFYm ;:: et { . vi'r.C•}'6:^}•i}:::.}:4:w::::::w:::::....... Subd. 7 . Warning and Disclaimer of Liability. This Chapter does not imply that areas outside the floodplain overlay zone or land uses permitted within such zones will be free from flooding or flood damage. This Chapter shall not create liability on the part of the City or any officer or employee thereof for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made hereunder. ****************CUP rovi s ions M. s � � u�e :>: > » > :.:>» >:tett...»...c... n4 > :or � : „f: :> :h> «: :: a664prooed ........................................... have all :..::::.;....; ;:.>;;;;::.;:::::>:>:: ;: < ..>.>< <• shall 1. a ee. e the to flood: tructurca, Materials; .and equipment elevated on fill . The lowest floor, including basement , shall be at or above the regulatory flood protection elevation. The finished fill elevation far a structure Shall be no lower than one (1) foot below the regulatory flood protection elevation andthe fifteen (15) fcct beyond th� outside limits ofhe otructurc erected thereon. compacted l covering. This provision shall not with the conditional use permit provisions for accessory structures in the floodway arca, (2) a a flood proofed basement, or (4) anelevated or --- -- _ - . This may be done through the use of of fill . These alternative methods may include stilts, pilings, parallel walls, etc . , or above- grade, enclosed areas such as crawl spaces or tuck under garages . The base or floor of an enclosed area shall be considered above-grade and not a structure' s basement or lowest floor if : (1) the enclosed area is above-grade on at least one side of the structure; (2) it is designed to internally flood and is constructed with flood resistant materials; and (3) it is used solely for 004igi the storage, building access, or Ot040§ parking. methods arc subject to the following additional standards a > a. Design and Certification. The structure' s design and as-built condition shall be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. b. Specific Standards for Above-grade, Enclosed Areas . Above-grade, fully enclosed areas such as crawl spaces or tuck under garages shall be designed to internally flood and the design plans shall stipulate : (1) The minimum area of openings in the walls where internal flooding is to be used as a flood proofing technique. When openings are placed in a structure' s walls to provide for entry of flood waters to equalize pressures, the bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit theautomatic entry and exit of flood waters; Ariel (2) the enclosed area shall be designed ....of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the State Building Code. other than fill when a lot or 3itc cannot bc filled 03.Ze3-r 2 . for a dwelling, shall not hog:: :::::include a rc3ide1 basement below the flood protection elevation unlc33iti3 floo proofs to lex> t7 :ct ;w . ::::<.:`::.:; : : e�es structure �......:::::::;;....::::::::.:;.::.::::. . . ..::��»::;::::::;:::;:.:;. fora ....:.::::.::::.;;:.:.:::....:::......... ..::.:: :.::otec..::.::. >::>: l:e , .:.>::..: ..;'::::»:a: .:.;a :: .::•:>:ar a..::.::.::.::.::.:>::»•.;:.;:;.;:•::>::»Fk:.>:>:F»:<.<:..::::.:>:< ..:;:.:<>..- b,.....:.....:......... .:.........:....... ..:.. . lV:i ; ..:.<::::::.:.,:::.•:>..:,F.:.:,;a:.,.. - _ - ' - flood proofed to the FP-1 or FP-2 flood proofing classification in the State • Building Code. Structures flood proofed othe edFP 3 or FP-4 classification shall not be permitted. :::;'<.:l ::...i;.:_...:a...;.:.i:..:*•..>..�:...:i.:::::::.•::•r;,:.::.:;:•.ii::..i.i:;:�.:.:.:;.:�i.::;:i::;:•xi.roMi:..:•::::i;:.:i.:..:.i:i.o,:.::•...:.::.i.:h.:...Pi.:.i.:>ii:• ..:. .:.,:-:.....�i..::...-;::.............:..�.t.. i.::.gAr - :.�< -�:>;x "�g:�:::.;;a;. 11;di...eY ..t:r:....« 1:i ; :.i ,� ;:i1s.;.-i Ee..0..3. ,...�.s� • coexpNusadx4 � :* ;.•: > 1: dPpal » cons ; ; i : :. q ::xK: : : : .; . : «wret>:;a;> i> q : 1iE ;::42i . GoSii:i;:, ? � ; ei 'h : cii .0. :.4 : ar ;itf;.i:; ; i>.i e' : : . : : . : x11: : $ i: 4 :.;: : r , , fG �� s ;> < . e `i":a 31 ! . r . •. 1 • S trawortiocommeosoiwolocomAllo:A::i.g:,.,,tii:::,„11 cIeafiOrifiatAdiglitiOWNPAWOOtimgaigil4004#0 the .4gttiiilttiatailikfgo*tvqoqitigotipgo:*vo the 100(FfailallSO":411*****4110111WMO shall be 400#0110:10*40M4g04136#00*0 f assn 41'it:dtgilfttf„ V:atfitavyg#gZ.PRgPrgqF#P# altel*tiive 'Pa.,041IE940**Atiiiii#000AOPOVAN romthe f 44-00giggiirttigagettWiltIPMINOWOMAOMO CX - (i, 00) cubic yard3 of fill or les3, unlcop either the fill 13 3pccifically intcndcd to elevate a conditi-on3 in pa-r-agraph 1 above f-or fill arc m Wffiglgt.:345agfeffilaik;WW:gtat444E6fgdat400406firat$4#dambato ghOlv#g0#14togv:Ap041100AgOamPIPMAPWPA 1. shall not include the storage or processing of materials that arc, in time of flooding, 04 flammable, explosive, or potentially injurious to human, animal, or plant life; and Pacliiiiilitiggg#Vgg*tiOniiiEXMiiiiiimAtoPMNtOWEM1011100.0 044401460ggoglopomworow storage of other Cqulpincrit allowed if readily after a flood warning and in accordance with a plan approvcd by the City Council . 8. for a new principal otructure, Shall have vehicular acccoo at or above an elevation not more than two foot below the regulatory flood protection elevation. If a variance to thio requirement 13 -z z . :z. z z • z ' . - - - -z Azz-- :z. z - z- - • - z - - z- z- zz of U3C or occupancy of the otructurc after determining that adequate flood warning time and - - - -- - ' - • N. floodway area structures accessory to a permitted or conditional use : 1. shall not cause any increase in the stage of a 100- year or regional flood or cause an increase in flood damages in the reach or reaches affected; 2 . shall not be designed for human habitation; 3 . Shall havc a low flood -damagc potential . 3 . shall be constructed and placed on the building site so as to offer the minimum henever obstruction ssiblhe flow of flood waters. structures shall be constructed with the longitudinal axis parallel to the di ec tures of flood flow. So far as practicable, approximately on the same flood shall be placed flow lines as those of adjoining structures; 4 . 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 sorysBuucdu may floodng Code. anpto the FP-3or FP-4 flood an s be proofed proofing classification in the State Building Code provided the accessory structure constitutes a minimal 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 : a. 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 b. Any mechanical and utility equipment in the structure must be elevated to or above the regulatory flood protection elevation or properly flood proofed. I 1 0. floodway area placement of fill: 1. shall not cause any increase in the stage of a 100- ; year or regional flood °reachror preaches affectuse an ed in flood damages in the 2 . shall not include spoil from dredging, or 4476inn<::: ga mining operations, unless a long-term site '• development plan is submitted which includes an erosion and sedimentation prevention element; and i - - :-. .7. protected from erosion by vegetative 4: shall be P ri ra cover, mulching, riprap, or other acceptable I method. I 4 3 1 P. floodway area storage yards for equipment, machinery, or materials : 1. shall not cause any increase in the stage of a 100- year or regionalflood oreachror cause reaches affected, in flood damages 2 . shall not include any matfriale that, in timvee of or flooding,otioto .:: l be injurious to human, animal, or plant fife. 3 . shall be limited to materials or equipment which aley--be readily retvald m the area within the time available after a flood warning and in accordance with a plan approved by the Noa d`«o floodway area uses including (1) miningsand 2) t ragnaasof oat rentals, docks, Q. ravel,sd other mined materials; band, g piers, wharves, and water control structures; (3) railroads, streets, . uses bridges, s:•}}.}.e: utilityt y transmission lines, and pipelines; ;e > x 2 jvv: i : �; 2S + :0 :31 . ylli . 41J:iori?r'oy .� < <�o i # " and (5oher ssmar} to: hoseip } ute. . 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'4 ':;:6.u'>i.SO.,",.Jkti}- .ti9 , l 1 i .i l DORSEY & WHITNEY A PANT/MUM.ISCLCDrlO Paoressrox.r.Conroe noxs ROCHESTER,MLN NEW YORK PILLSBURY CENTER SOUTH WASHINGTON, D. C. 220 SOUTH SIXTH STREET BILLINGS MINNEAPOLIS, MINNESOTA 55402-1498 DENVER (612) 340-2600 GREAT FALLS FAR(612)340-2868 M I S S O U LA ORANGE COUNTY, CA LONDONDES MOINES JEFFREY R BENSON (612)340.2757 FA R G O BRUSSELS March 23, 1994 Karen Marty City Attorney City of Shakopee 129 South Holmes Street Shakopee, Minnesota 55379 By Facsimile &Mail RE: Valleyfair Shakopee Zoning Ordinances Dear Karen: I have enclosed a mark-up of the proposed floodplain overlay zone with our suggested revisions and comments. By copy of this letter I am soliciting any additional comments Walt Wittmer or John Dixon may have. Please contact me if you have any questions or concerns regarding our comments. Very truly your , J 1frey . Benson Encl. cc (w/encl): Walter R. Wittmer (fax) John Dixon, Barr Engineering (fax) G. Larry Griffith 446- 14" • SEC. 11.43 . FLOODPLAIN OVERLAY ZONE (FP) • Mr' u.-1cn, r 9 Subd 1 Purpose. The flood hazard areas ofota 1pee loss areosubject to periodic inundation which results in p loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures or flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. This section whi hs based is consistent with reasonable the standards analyzing flood hazards \ established by the Minnesota department of natural resources . It is the purpose of this section to promote the public health, safety, and general welfare, and to minimize those losses described above. 7is SQc--7,).� ,S R•? ode2 !4 Zoe e P A /-4,_ p,o y��;,�14 s /2d7.4/11/,-)e g ` e/2 ii A 2L. /0 o'j� 171/ /1 -/ Subd. 2 . Areas Covered. r� 4.)-/- /0 view g/ " pitJv,s,�,is .7,,P A. Generally. This section applies to all lands within the City shown as being within the floodway or flood fringe areas, which together shall be known as the floodplain overlay zone. Such areas may be shown on the official zoning map or on the flood insurance study for Shakopee prepared by the Federal Insurance Administration dated and the flood boundary and floodway map and insurance rate map dated all of which are hereby adopted by reference. B. Floodplain Subzones. The floodplain zone is hereby dividedrea and flood e area. lnto the these comprise way the afloodp floodplain overlay zone . Together area includes those 1. aeadnated asea. efloodwayyon the flood boundary arreass deesi g and floodway map. es 2 . Flood Fringe Aredesignated• The oofringe area floodway fringe onuthe those areas as flood boundary and floodway map. n e ay Subd. 3 . Permitted Uses in hal e � be Bwa Area.used exceptwferlonehorfmorewof area, no structure or lard L7 the following use _ {rndcrlying coni' - ,t a - d!n2Cx$Sc�� A. agricultural uses; n.+Qn4;e.1 1 ��. f J ".L14___:B. parking and loading spaces; C. airport landing strips; D. commercial recreation, minor or major; E. public recreation; and F. recrea lona —• ' :ment. � oc.,Q rmitted Uses in the . ood Frin.e Area.used except the Subd. 4 . Pe shall be flood fringe 'area, no structur- or • in the underlying zone. • one or more of the uses -- Within d. 5 . ConSuditional Uses in the Flo dwa use Arforea. the following te floodway area, no structure or land shall buses except by conditional use Permit, which also must be a permitted or conditional use in the underlying zone : A. structures accessory to the permitted uses listed above or other conditional uses; B. placement of fill; C. mining and storage of sand, gravel, and other mined materials; D. marinas, boat rentals, docks, piers, wharves, and water control structures; E. railroads, streets, bridges, utility transmission lines, and pipelines; F. storage yards for equipment, machinery, or materials; G. campgrounds, including campgrounds with facilities for recreational vehicles; dikes, and H. structural wlskconstru ted to anycontrol height where the intent and f loodwal is to protect individual structures, ad levees orps dikes s where the intent is to protect ag frequency flood event equal to or less than the 10-year frequency flood event; and ov and I. other uses similar in nature uses r Provis orsscribed bof ethis which are consistent with th Chapter, as determined by the Board of Adjustment and Appeals . Subd. 6 . Conditional Uses in the Floodland rin.elAbea used Within the hin the flood fringe area, no structure or ` following uses except by conditional use permit• - :or- N6 - t� �„NML„�- gr_ peraticns, storage, landscaping, sand and rdredgespoil al, ccnstruc..on pp landfills, roa;:s, e at any one time in excess ��1fa 1� ,r 4, of flood control winos me-'-' '�� • one-thousand cb-i'6yards of fill is located on the 0� n/ A o r unl said fill is specifically intended to � cel, 9 °� S. parcel, -a structure; ��JJ S�' /'�,' ,�i/l1; SJ ioN GS �J�k., Oyu nit '`rS rA4 t9 1(1.3 SPC//,llJ.1 all' n`' r c is �. � ,1 5_ /24.1c., C` , M / C ) - not elevate on fill or flood proofed in �, structures •g• below; and accordance with Subd. (/ C. storage of materials or equipment below the regulatory rotection elevatio ,,�4 vle0.0.'' flood p 02A40445 -Mal" x O 4t c,-`-AID, Subd. 7 . Additional Re irements . A. Floodway Permitted Uses. Floodway permitted uses shall meet the following standards : 1. The use shall have a low flood damage potential; and 2 . Theuse shall not andobstruct shall notoinvolve structuresflows or , lflood elevations fill, obstructions, excavations, or storage of materials or equipment . B. Flood Fringe Permitted Uses. Flood fringe permitted uses shall meet the following standards : 1. All MED shall be elevated on fill so that the lowes oor including basement floor is at or above the regulatory flood protection elevation. N'�'' 0( the finished fill elevation for structures shall be Fio0 5� �5 no lower than one (1) foot below the regulatory /' ��� flood protection elevation and the fill shall f,•SWjlv� at least fifteen (15) feet extend at such elevation iio0 L2-3f)k ' 40 beyond the outside limits of the structure erected 4e 4'r^ thereon. c `� As an alternative to elevation on fill, accessory h s2 \ 41301:P that constitute a minimal investment and 7"''fril - •• not exceed 500 square feet for the ground level may be internally flood e ds ire dimension at FP-3 , or �� 1,11,1c �� proofed in accordance with the FP-1, FP-2, �; d,^° i.oc'l' P-4 flood proofing classification in the State 6 pEcd� Building Code. For a detached garage, the detached f , . " garage must be used solely for parking of vehicles , ,. and limited storage. All flood proofed accessory structures must meet the following additional s'-•�' � standards, as appropriate : s Js i, 1. anchored to o• a. The - structure must be adequately ��� I prevent flotation, collapse or lateral ` S.4r��� movement of the structure and shall be /uv designed to equalize hydrostatic flood forces 'A S,%�ivcon exterior walls ; and J '�' �� mechanical and utility equipment in he b. Any i 0 - �s structure muse be elevated oor above tr - Qv, v 0,1� regulatory - r ,41 properly flood proofed. 62( _/l� (J 72 G g/ ui ment be 3 . The storag of any materials or equipment q ipmelood tpshallalibe elevated fill to the regulatory on elevatio . C. All Flood Fringe Uses . Flood fringe permitted uses shall meet the following standards : 1. ec . All new at principal an elevation not more vehicular access regulatory flood protection than two feet below the regu be granted to this elevation. A variance may requirement if the Board of Adjustmenttime and Appealsa finds that adequate flood warning dnd if od emergency response procedures exist, specific limitations are placed on the period of use or occupancy of the structure. 2 . Business and Industry Uses. Accessory uses to a business use, such as yards, railroad tracks, and parking facilities, may be at elevations lower than the regulatory flood protection elevation. However, facilities to be used by the employees or 'tw ')4� the general -public shall not be allowed inthe absence of al lood warning s stem that provides (�'�'G t °' w 2 adequate time or evacuation i the area would be Tti'17 a inundated to a depth greater than two feet or be J�,L.0 1 ,�7 subject to flood he velocities occurrence ter of than the four feet regional ��,,a 4S Of U-' , per second up flood. 3 . Industry Uses . Measures shall be taken to minimize interference with normal plant op eraalong streams having protracted floor especially given to durations. Due consideration usinessl requires that needs of an industry areas . it be located in flood plain 4 . Fill. Fill shall be properly compacted and the slopes shall be properly protected by the use of rvegetative cover, or other acceptable mepep, flood If a change of special hazard areathe Federal designation will be requested, EEmergency Management Agency criteria for compaction and side slope protection should be investigated. 5 . Hydraulic Capacity. Flood plain developments sha ll not adversely affect the hydraulicofc caay tyoiof the channel and adjoining flood plain ary watercourse or drainage system where a floodway or other encroachment limit has not been specified cn the zoning rap D. public Utilities and Transportation Facilities . 1 . 1 . Utilities. All public ut . ities and facilities such as gas, electrical, -ewer, and water supply systems shall be flood proofed in accordance with the State Building Code or elevated to above the regulatory flood protection elevation. tra 2 . Transportation Facilities .elelevated to Railroad the cregulatory ks, roads, and bridges shall flood protection elevation where failure or interruption of these transportationhealthier es would result in danger to the public safety or where such facilities are essential to the orderly functioning of the area. Local roads or railroad spur lines may be constructed at a lower elevation where failure or irateruphetion of h or service would not endanger the public safety. 3 . On-site Sewage Treatment and Water Supply System. Where public utilities are not provided, on-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems . New or replacement . on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waersinto into the systems and discharges from the systems ood 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 tstandards fr te sewage treatment systems shall be in compliance with this Chapter. E. Relocated Residential Structures. The placement of relocated residential structures, including new or replacement manufactured homes, will be treated as a new structure and may be placed only if elevated in compliance with this Chaprt�i• ed anradequately structures shall be securely anchored to anchored foundation system that resists flotation, collapse, and lateral movement . Anchoring may include, bis but is not limited to, use of over-the-top or frame ties to ground anchors . F. Permit. In addition to the usual Building Permit required for new construction, the Zoning dmt nosistrator shall grant a permit prior to the p lacexcavation of materials, or the storage of materials licant shall or equipment in the flooddplain. steredi eproPessi°nal engineer, certification by registered architect, or registered land surveyor that eg the finished fill and building elevations were with the provisions of accomplished in cempliar.ceeasures shall be certified Chapter. Flood proofing a registered professional engineer or registered architect . G. Record of First Floor Elevation. The Zoning Administrator shall maintainrecord basemen )the of elevation new of the lowest floor (including structures and alterations or additThe Zoninglons to Administrator structures in the floodplain also shall maintain a�o °o d of the r additions levation to to structureshare ich structures and alterations flood proofed. * (delete paragraph F in Subd. 13 of Sec. 11. 85, CUPs . ) * oes Subd. 8 . Warnin• and Disclaimer ide the floodplain overlay zone Chapter or land not imply that areas outs uses permitted within such zones will be free from flooding or flood damage. This Chapter shall not create liability on the part of the City or any officer mor relianceoyee e on thiseOf Chapter for any rf lany damages that result from administrative decision lawfully made hereunder. �� le vim` ****************CUP provisions _ not elevated on fill or M. flood fringe area flood proofed: 1, shall elevate the lowest floor above This the may re beulatore ��- flood protection elevation. rg parallel walls, etc . , or above-grade,Vki Ct,; through the use of stilts, pilings, /L rade, enclosed areas such as crawl spaces or tuck under garages . The base or floor of Iltl. an enclosed area shall be considered above-grade and not a structure' s basement or lowest floor i 9 (1) the enclosed area is above-grads ateast j one side of the structure; (2) it designed internally flood and is constructed with flood t H C7' resistant materials; and (3) it is used solely for `' J\ parking, building access, or storage . In addition, the following additional standards shall be met : `� 1 � a. Design and Certification. The structure' s if\\17A.49 design and as-built condition rd shall bee e certified by a registered p in com liance engineer or architect as being P ,( ()%3A with the general-design standards of the State Building Code and, specifically, that all �� electrical, heating, ventilation, plumbing, �/ air conditioning equipment, and other service facilities shall be at or above the regulatory • • flood protection elevation or be designed to prevent flood water these r components om during or accumulating within times of flooding. b. Specific Standards for Above-grade, closed ed Areas. Above-grade, fully enclosed areas as crawl spaces or tuck of d r glood arages the shall llibe designed to internally n plans shall stipulate : (1) The minimum area of openings in the walls where internal flooding is to be used as a flood proofing technique . When openings are placed in a structure' s walls to provide ftentry he bottom of flood waters to equalize pressures, of all openings shall be no higher than one foot above grade . Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters; and (2) the enclosed area shall be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the State Building Code. 2 . for a dwelling, shall not have a basement below the regulatory flood protection elevation; • 3 . for a structure other than a dwelling, may have a f basement below the regulatory flood protection of bel elevation, if all areasheelevatione are oflood regulatory flood protection proosed a _ proofing classifzca tionhe in P or thetate2 Building Code. Structures flood proofed to the FP-3 or FP-4 V''l IA classification shall not be permitted. H. flood fringe area fill orlandscaping,similar sandmaterial, and such gravel for on-site storage, operations, landfills, roads, dredge spoil disposal, or construction of flood control works, where at aiylone timee of in excess nd b ic yards of located on the parcel, unlesssaidfill is specifically ' - ded to elevate a structure : -- .� • 1. shall submit an erosion/sedimentation control plan, N clearly specifying methods to be used to stabilize y,D , -t the fill on site for a flood event at a minimum of /J�¢S� ,, the 100-year or regional flood event. registeredaplan V J 0°4 _,a¢1 shall be prepared and certified by � : T e professional engineer. The plan may incorporate .41 �'L/ ,�� alternative procedures for removal of the material rj1�h��Y dl° s, from the flood plain if adequate flood warning time J (toolexists . o flood fringe area storage of materials or equipment below 1 the regulatory flood protection elevation: / 1. shall not include the storage or processing of lmaterials that, in time of flooding, are flammable, �i/ explosive, or potentially injurious to human, animal, or plant life; and 2 . shall submit a plan for removal of the materials and equipment from the area within the time available after a flood warning. N. floodway area structures accessory to a permitted or conditional use : 1 . shall not cause any increase in the stage of a 100- year or regional flood or cause an increase in flood damages in the reach or reaches affected; 2 . shall not be designed for human habitation; 3 . shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters . Whenever possible, structures shall be constructed with the longitudinal axis parallel to the dire to on of flood flow. So far as prYacticable, shall be placed approximately on the same flood flow lines as those of adjoining structures; 4. 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 constituteseea minimal investment, does not exceed500 the square feet in size, and for a detached garage, of detached garage must be used solely for p and limited storage. All flood proofed accessory structures must meet the following additional standards, as appropriate: a. 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 b. Any mechanical and utility equipment in the structure must be a rted onevato or abve elevation for regulatory flood potec properly flood proofed. 0. floodway area placement of fill: o 1 1. shall not cause anyincrease or causee anaincrease O0nn year or regional flood damages in the reach or reaches affected. 2 . shall not include spoil from dredging, or sand and gravel mining operations, unless a long-term site development plan is submitted hichelemer.`�e ds an erosion and sedimentation prevention d 3 . shall be protected from erosion by vegetative cover, mulching, riprap, or other acceptable method. P. floodway area storage yards for equipment, machinery, or materials : of 1 , shall not cause yfloodease in or causee anaincore as 00^ yyear or regional in flood damages in the reach or reaches affected. 2 . shall not include any material that, intime al of flooding, is flammable, explosive, or p injurious to human, animal, or plant life . 3 . shall be limited to materials or equipment which is readily removable from the area within the time available after a flood warning and in accordance with a p lan approved by the Board of Adjustment and Appeals . d storage of Q. floodway area uses including (1) mining an sand, gravel, and other mined materials; (2) marinas, boat rentals, docks, piers, wharves, and water control structures; (3) railroads, streets, bridges, utility transmission lines, and pipelines; (4) campgrounds, including campgrounds with facilities for recreational vehicles; and (5) other � es similar to ase in the stageoof se ael00tyear shall not cause any in or regional flood eonc�cause s fantinincrease in flood damages in the reach or Q. floodway area structural works for flood control such as levees, dikes, and floodwalls constructed to any height where the intent is to protect individual structures, and levees or . dikes where the infrequencytent is to flood event equal to or less than the0-y agricultural crops foear frequency flood event : i, shall be subject to the provisions of Minn. Stat . Chapter 105, if they will change the course, current, or cross-section of protected wetlands or public waters; 2 . shall be prohibited if they are community-wide structural works for the regulatory flood plainintended remove areas fromand . increase to the ear or 3 . shall not cause an technical analysis lm�st assume regional flood. The equal conveyance or storage loss on both sides of a stream. MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorneb DATE: March 24, 1994 RE: PUD Provisions BACKGROUND: At the March 15, 1994, Committee of the Whole meeting, the City Council directed that certain provisions of the Planned Unit Development Overlay Zone be revised. In particular, staff was to prepare a provision requiring that all land owned by the developer shall be included in the PUD. DISCUSSION: The present ordinance establishes a minimum area which must be included in the PUD. When the City Council reviewed this, they expressed concern that a developer should be required to plan the development of his or her entire parcel . We should discourage piecemeal development . On the other hand, the PUD has specific open space requirements which are more stringent than the requirements in any other zone. Two approaches are immediately evident : (A) We can allow the City to require the inclusion of more or all of the developer' s property when necessary to meet the purpose of the PUD ordinance, and keep the open space credits as they are; or (B) We can require that the developer' s entire property be included, and then grant a credit up to 100% against the open space for land which did not need special PUD approval, but which was included simply because the same person owned it. Planning staff is recommending the first approach. When a parcel of land is proposed for a PUD, and the Planning Commission does not feel the remainder of the developer' s land needs to be included in the PUD, that land may be excluded. When the Planning Commission finds that more property needs to be included, it can require that . Since only PUD' s with dwellings require open space, planning staff is recommending against any credit greater than the 75% credit already included. Planning staff would like to see that number reduced to 50%, and will be prepared to speak to that at the meeting. Language to accomplish either alternative is attached. ALTERNATIVES : 1 . Adopt the language attached as alternative A. 2 . Adopt the language attached as alternative B. 3 . Modify either alternative A or B' s language and adopt it as modified. 4 . Leave the language as previously drafted. 5 . Return the matter to staff for further work. RECOMMENDATION: Adopt the language attached as alternative A. [2 3 ZONORD] -2- ALTERNATIVE A SEC. 11.40 . PLANNED UNIT DEVELOPMENT OVERLAY ZONE (PUD) . Subd. 1. Purpose. It is the purpose of the planned unit development (PUD) overlay zone to encourage innovation, variety and creativity in site planning and architectural design; to maximize development compatibility; to encourage the planning of large parcels of land as a unit; to provide for greater efficiency in the use of land, streets, and energy; to protect important natural and cultural landscape features; to preserve open space; and to provide quality living, working, shopping, and recreating environments for residents and visitors. Subd. 2 . Areas Covered. A. The PUD overlay zone may be applied within any zone. Within areas so designated on the zoning map of the City, the use of the PUD is mandatory and no development shall occur except as a PUD. The use of the PUD overlay zone in all other areas is optional . P:. :..{.;'.::::.;:.. : ' :-::: ...: .:.... :::».;:.. rn i ' fiof::; a::.<»:: .:.:::ir : , .:::>a :..;:.:or1 i �.:. .. ...:::. :.:: •: .:..:>::>::::i. .:..:{> :. .: ..:.<::> .�y<:::::::t:h-a::»:a : :: iscant:::>:< e>::>:: ncl dded<:»:i: :::»:* -�.�.�€..... i.�€i€'..�7:•i:•h�.;a� .:,{4 ��:::•::::�::::::::::.i?i?ii}i:<��. ::: : :::::w:...:..v.f• .::: ::::::.�.•.•.•.•'.•:.isw:: ::::::::::::::..:::::::ni::::::::::::::::::::::::::::::.:.iii.::.:::::::::::::::::::::::{:::.;:::.:i'.iii?iii'.i} :•i'{::.. v; :}..v..i::.:.i...:...::.i::.i: ::: : "i`>%•::.`.`;:::y::.i:.;:::::.;:•{y:n}:::.,iiv��ti.......:.::::..:.:.i....::i::?::.:...i��.yy.....::<::iry}L:,::.-'�y'i::i::....�.}..:.:.'i.�. .�1y::i::i....i l.::::.-?\tea}:`.::::: ::..:: ii? Subd. 3 . Permitted, Conditional, and Accessory Uses. A. Uses permitted in a PUD shall be limited to the permitted, conditional, and accessory uses allowed in the underlying zone, except as specifically authorized in the development plan. B. Uses permitted in a PUD may consist of one or a mixture of land uses as designated on the approved development plan. The City may place more restrictive conditions on the mixture of uses within a PUD to ensure preservation of the public health, safety, and welfare, compliance with the intent of this Chapter, and that land uses occurring within the PUD, and between the PUD and the surrounding land uses, do not conflict . Subd. 4. Design Standards. A. Density: as specified in the underlying zone unless modified in the development plan. Residential densities may be increased by up to 25 percent above the densities allowed in the underlying zone, if the site is within the metropolitan urban service area. B. Open space : A PUD which includes dwellings shall provide at least 20 percent of the project area as open space. m000luogoithgooftgi Open space is a landscaped a or areas availalile—for the common use of the residents or occupants of the buildings within the PUD. Open space does not include any impervious surface areas . The City may grant credits up to 75 percent against the open space requirement based on proposed amenities . The credits may be granted for any of the following amenities : 1. improvements in the open space for park or recreation purposes, when such space is to be privately owned and maintained; 2 . proof that the applicant is providing amenities desired by the City and of equal social value to open space, such as low-income housing; preservation of natural , cultural, or historic features; or other clear benefit to the public health, safety, or welfare . B. Maximum impervious surface percentage : as specified in the underlying zone, unless modified in the development plan. C. Lot specifications : as set forth in the underlying zone except as modified below. may used ed fo a smaller parcel of land e if---t-he_ - - - - - (10) acres and there cxi3t3 a clear benefit to the City cultural, or historic features-- Minimum lot arca for a mandatory PUG: none, excep t if the applicant ' s total site ownership exceeds ten (10) within the PUD. Minimum setbacks : as specified in the underlying zone, except as modified in the development plan. No reduction in setback requirements shall be permitted adjacent to exterior property lines or exterior streets . Minimum street yard setback for private streets located entirely within the PUD: fifteen (15) feet from the back of the curb line . D. Height : as specified in the underlying zone, unless modified in the development plan. Subd. 5 . Performance Standards. Performance standards shall be as specified in the underlying zone, unless modified in the development plan. No deviation shall be negotiated from the off-street parking requirements. Subd. 6 . Additional Requirements. A. All PUD sites shall be served by City water and sanitary sewer except in the AG and RR zones. Within the RR zone, private sewer and water services may be allowed by the City Council, built to City and Shakopee Public Utilities specifications, subject to the following conditions : 1. each lot shall be a minimum of one-half acre and shall have two septic sites identified; 2 . easements shall be required over abutting open space with lot lines extended for sewage treatment to supply at least one acre of site area for each residence. Where soil conditions dictate, the applicant shall be required to use alternative systems such as mounds or double tanking; 3 . the PUD association shall require annual inspection of all septic systems and corrective action when necessary; and 4. in order to assure sufficient land for septic systems, at least 70 percent of the lots shall be adjacent to open space. Lots not adjacent to open space shall be at least one acre in size. B. No design standards shall be modified in any way which violates or compromises the fire and safety codes of the City. [2 3 ZONORD] ALTERNATIVE B SEC. 11.40 . PLANNED UNIT DEVELOPMENT OVERLAY ZONE (PUD) . Subd. 1. Purpose. It is the purpose of the planned unit development (PUD) overlay zone to encourage innovation, variety and creativity in site planning and architectural design; to maximize development compatibility; to encourage the planning of large parcels of land as a unit; to provide for greater efficiency in the use of land, streets, and energy; to protect important natural and cultural landscape features; to preserve open space; and to provide quality living, working, shopping, and recreating environments for residents and visitors. Subd. 2 . Areas Covered. The PUD overlay zone may be applied within any zone. Within areas so designated on the zoning map of the City, the use of the PUD is mandatory and no development shall occur except as a PUD. The use of the PUD overlay zone in all other areas is optional . Subd. 3 . Permitted, Conditional, and Accessory Uses. A. Uses permitted in a PUD shall be limited to the permitted, conditional, and accessory uses allowed in the underlying zone, except as specifically authorized in the development plan. B. Uses permitted in a PUD may consist of one or a mixture of land uses as designated on the approved development plan. The City may place more restrictive conditions on the mixture of uses within a PUD to ensure preservation of the public health, safety, and welfare, compliance with the intent of this Chapter, and that land uses occurring within the PUD, and between the PUD and the surrounding land uses, do not conflict . Subd. 4. Design Standards. A. Density: as specified in the underlying zone unless modified in the development plan. Residential densities may be increased by up to 25 percent above the densities allowed in the underlying zone, if the site is within the metropolitan urban service area. B. Open space : A PUD which includes dwellings shall provide at least 20 percent of the project area as open space. Open space is a landscaped area or areas available for the common use of the residents or occupants of the buildings within the PUD. Open space does not include any impervious surface areas. 1. The City may grant credits up to 75 percent against the open space requirement based on proposed amenities. The credits may be granted for any of the following amenities : a. improvements in the open space for park or recreation purposes, when such space is to be privately owned and maintained; b. proof that the applicant is providing amenities desired by the City and of equal social value to open space, such as low-income housing; preservation of natural, cultural, or historic features; or other clear benefit to the public health, safety, or welfare. <:::::::>:: ::>:>:::: .:>:>:<::.;:.;' ;ilii . .'ilii::.::.: ....::.:; :.:.: ilii::::. .;:.;:.. iiiiii i ;»::: : : #:. :,:>: irat:>::::: ::::: lma open:<:>::mon*::::: r .. :.::O.re.::::::::::::::.i::.;:.::.;:.;:.;:.;;:.::d : : ................... :::>::>::>::>::»»>::..>.�: '»::>: . . '. :.;:.;: '.::.:.. . ..:. :.:.: <:::>: '.illi :>::>:: :'�''�:::»: ::::>:::: � = ::::�:. .::::�.::::::.: ommgm i::::i::::i+'C:'''::;:::::i::i`�::i:::%:::::::i::::':':::::::;:::;:.:•:;.%;y>::>:;'>::::i::ii:;:;;<}>'.:fiS:a>: ..,:.::.>;::::;i::>:::{::+a.:.,..:'+'}�..•:.,:.'.�,.�{� FPROA........................ 'i:::y:::<{::}':<:i::i:::}'?{i::::i:i:::iii.:::.:i::::.i:i::::::: Si::ii:::: :.i::i::i:::: .}:.i'::::ii:::•ii.• .'iiiiiii}:{ '::i::::i::::Y:^! ......... ................ �::.:t : :::ed::::>:::c r>:<>:<: e ta° ::0.0Xi:<:::par s: :::>::::»:gb . . . .::,....,.....,....: .:::;:.;:.;:.::.;:.;:.;:.;;:::.;:.:;:..;:.;;;:';;;:.;:.::.;:.;:.::;;:.;:.:::::.: i:::. :::><dev. ilc ': . :::>:3: €:«:: o i lii:.;s iiiii x :::: h ::; e :.;: ........................... .;.;..;illi':;..:....::.::: :. :: ...: ..:.;:.: OPPrpyRkieop:ilii><:o: :�.en::::>:ale:;:w �: ��::>< h : :: :< B. Maximum impervious surface percentage: as specified in the underlying zone, unless modified in the development plan. C. Lot specifications : as set forth in the underlying zone except as modified below. ............................:v::w:::::::::w::::::•:4::Sii..-.ii::ii:¢iiiiiii':n:i'k:::}':}'i::i::(}i::i:::i':i::i:L::}. r•i:::}:i:::}+:::{:::i}i::is^:L<::j:•::::....??'..ii::i:;.;Y;i'4y':':;�:'Y>:; ":":<:?::is;:}'i:i;.:: v}4'.:i>:;ii:q;:::iL:.i�•:+;i::::i:�::i:Y;:'•.:+';i'::R:;:;:•j.}':'.:. ..'..: �'::i::..���:.yy.: •:i.:': '.:'�.'j:�}:L':::ti}:.yy��.+�•.1.�./:��/,j(.::j4'ri. '::i:::�':i ......M:....... :}.. i. v'^ii .i 'i�:iti•i}i::.;;..:: $Sii:e... n.. ... :iii: ').•✓ ..:. :.!!:,.•,},.',.iiii :.A.:•,f,'.4:!M::::is::_ii .:}} :.}}iiiiiiiii'•i: .;;;:.;:.;>:.::'.;:.;;:.;:<•: .::.;:.;:. :<.;:.;:'.;:.; �F�:i.::::::.;:.;:.;:.;:.;:.:<.;:.;:.:::::::::.:.;:.::.::.;:.;:.;:::;:.;;�::::::«: �� >:: iaiibenefit >::>t...:...::>:.: ....::t ';;::.::..::<:>gitil: :::>:': <.;::.::';:.:...::<:> ' erva<t on>::::o :>€iiia Minimum lot arca for an optional PUD: 10 acres. A PUD may be used for a smaller parcel of land if the applicant' s total contiguous ownership is less than ten cultural, or hiotoric fcaturco . Minimum lot arca for a mandatory PUD: nonc, cxccpt that if thc applicant' o total oitc owncrohip cxcccdo tcn (10) within thc PUD. Minimum setbacks : as specified in the underlying zone, except as modified in the development plan. No reduction in setback requirements shall be permitted adjacent to exterior property lines or exterior streets . Minimum street yard setback for private streets located entirely within the PUD: fifteen (15) feet from the back of the curb line. D. Height : as specified in the underlying zone, unless modified in the development plan. Subd. 5 . Performance Standards. Performance standards shall be as specified in the underlying zone, unless modified in the development plan. No deviation shall be negotiated from the off-street parking requirements . Subd. 6 . Additional Requirements. A. All PUD sites shall be served by City water and sanitary sewer except in the AG and RR zones . Within the RR zone, private sewer and water services may be allowed by the City Council, built to City and Shakopee Public Utilities specifications, subject to the following conditions : 1. each lot shall be a minimum of one-half acre and shall have two septic sites identified; 2 . easements shall be required over abutting open space with lot lines extended for sewage treatment to supply at least one acre of site area for each residence. Where soil conditions dictate, the applicant shall be required to use alternative systems such as mounds or double tanking; 3 . the PUD association shall require annual inspection of all septic systems and corrective action when necessary; and 4 . in order to assure sufficient land for septic systems, at least 70 percent of the lots shall be adjacent to open space. Lots not adjacent to open space shall be at least one acre in size. B. No design standards shall be modified in any way which violates or compromises the fire and safety codes of the City. [2 3 Z ONORD] • • n ( ) - 171/1N I: 0 l` i •.rt • /L, ,' h.e a )• AA,taa Lie-V //1-L1//s -- Arl< . I /6"( (41-ki-r-Lfd C-7 ir gizz_a_4" -- I Com' • • i -