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HomeMy WebLinkAbout2016 09-28 Planning Commission Meeting Packet Agenda Planning Commission City Of Edina, Minnesota City Hall, Council Chambers 4801 West 50th Street Edina, MN 55424 Wednesday, September 28, 2016 7:00 PM I. Call To Order II. Roll Call III. Approval Of Meeting Agenda IV. Approval Of Meeting Minutes V. Public Hearings A. Floodplain Districts Overlay Ordinance Updates B. PUBLIC HEARING: Subdivision with Variances; 5845 Kellogg Avenue for Kyl Litwin on behalf of Young Kim VI. Community Comment During"Community Comment,"the Board/Commission will invite residents to share relevant issues or concerns. Individuals must limit their comments to three minutes. The Chair may limit the number of speakers on the same issue in the interest of time and topic. Generally speaking, items that are elsewhere on tonight's agenda may not be addressed during Community Comment. Individuals should not expect the Chair or Board/Commission Members to respond to their comments tonight. Instead,the Board/Commission might refer the matter to staff for consideration at a future meeting. VII. Reports/Recommendations VIII. Correspondence And Petitions IX. Chair And Member Comments X. Staff Comments Xl. Adjournment The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing amplification, an interpreter, large-print documents or something else, please call 952-927-8861 72 hours in advance of the meeting. CITY OF EDINA MEMO Engineering Department Ory 11 Phone 952-826-0371 •Fax 952-826-0392•www.EdinaMN.gov uif • w Ey9 0 A- Date: September 14,2016 To: Planning Commission cc: From: Jessica Vanderwerff Wilson, CFM,Water Resources Coordinator Subject: Floodplain Districts Overlay ordinance updates • Introduction FEMA administers the National Flood Insurance Program(NFIP)which aims to reduce the impact of flooding on private and public structures by providing affordable Insurance and requiring participating communities to adopt and enforce ordinances that meet or exceed FEMA requirements to reduce the risk of flooding.The City joined the NFIP in 1980. Flood Insurance Rate Maps(FIRM)and a Flood Insurance Study(FIS)are produced county by county in support of the NFIP.These products identify and delineate flood hazard areas and have implications for flood insurance and land development.The current effective FEMA FIRM and FIS were adopted by the City in 2004. FEMA has updated the Hennepin County maps.On May 4, 2016 FEMA issued a Letter of Final Determination,available on the City's flood resources website t ••/ledina n.-ov in.- .. .?s-ctio =en•i eeri • fl•od res.urces indicating that the updated maps would become effective on November 4,2016.The effective FIRM will be used by Federally insured or regulated lenders to determine if flood insurance is required as a condition of the loan. A detailed background memo dated July 25, 2016 and titled"Updates to FEMA Flood Insurance Rate Maps and Flood Insurance Study for Hennepin County,"describing the map changes,the appeals brought forth by the City,and a description to access updated data is attached. The city must adopt a conforming ordinance by the effective date in order to continue participating in the NFIP.By law, FEMA cannot offer flood insurance in communities that do not have regulations that meet or exceed the minimum requirements of the NFIP(these regulations can be found in Title 44 of the Code of Federal Regulations(44 CFR)Section 60.3). The MN Department of Natural Resources(DNR)is the state floodplain regulatory agency and has provided a model ordinance for the City to modify and adopt.The model ordinance has changed significantly since the last time this process was undertaken.Some of the updates to the model ordinance were required by FEMA,some were clarifications or corrections to ensure state and federal laws are being followed,and some were optional recommended language for the City to consider. City staff have drafted a community-specific ordinance based on the model and received a conditional letter of approval from the MN DNR.A copy of the annotated DNR model ordinance,the red-line version with comments from City staff and DNR,and the proposed ordinance are attached. City of Edina • 7450 Metro Boulevard • Edina,MN 55439 CITY OF EDINAMEMO Page 3 ■ Opting in to this provision is less protective;however, provides more flexibility for development and 6112 r7t� redevelopment. o ®' /y 6. Placement of manufactured homes, recreational vehicle parks,and •'`'°• ���'`� campgrounds are prohibited in any floodplain district. o State requirement;this is a revision to recognize the Minnesota Department of Health's rules(section 4630.0200)which prohibits mobile home parks and recreational camping areas in flood-prone areas. 7. The regulatory flood protection elevation has been increased to two-feet(previously was one-foot) above the BFE. o State requirement;the one-foot elevation is mandated by State law. o City opted in;City staff proposes raising the RFPE to two-feet above the BFE. ■ The proposed two-foot elevation provision conforms to the Nine Mile Creek Watershed District(NMCWD)floodplain development rule as well as the City's engineering standards.The Minnehaha Creek Watershed District floodplain development rule requires that low door and window openings be no less than two-feet above the BFE. • This provides increased protection for the health, safety,and welfare of the community. FEMA models are based flood risk assumptions that are now superseded in City and NMCWD modeling, so an additional I foot margin of safety is prudent. • Mitigation costs vary by type and location, but in general,mitigation saves society an average of$4 for every$1 spent("Natural Hazard Mitigation Saves:An Independent Study to Assess the Future Savings from Mitigation Activities", National Institute of Building Sciences,2005). 8. Some conditional uses in the floodway have been removed. o State requirement;the City must allow for some uses of the floodway, but may choose those that are appropriate for the community. o City opted out;some of the conditional uses were removed to allow only those that were appropriate for Edina. 9. The optional alternative elevation methods for flood fringe conditional uses (meaning an alternative to fill such as stilts or pilings)have been removed. o City opted out;federal law allows for alternative elevation methods such as stilts or pilings however,these are rare in Minnesota. • According to the DNR's annotated model ordinance,these alternative methods are,"burdensome to administer—typically requiring non-conversion agreements and detailed monitoring and inspections." 10. The standards for flood fringe permitted uses requiring that all new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation has been removed. o City opted out;this provision is in the current ordinance. It is an optional provision and City staff proposes to remove it. • Opting out of this provision is less protective;however, provides more flexibility for development and redevelopment. City of Edina • 4801 W.50th St. • Edina,MN 55424 CITY OF E � MEMO Page5 A 14. Division 7, Land Development Standards section 7.1, 7.25,and 7.3 have kgs 'r+14 been added in the proposed ordinance update. o e )4 o State suggested;these provisions enable communities to manage r N� flood risks in unmapped but flood-prone areas. 0\ o City opted in;this section would apply to flood-prone areas •"`''n;:r;"`'° including those identified in the local Comprehensive Water Resources Management Plan. ■ This provides increased protection for the health, safety,and welfare of the community. Resident outreach After November 4,the updated map effective date, lending agencies will review their loans and the updated FIRM to see which ones have principle structures in the SFHA.Those with mortgages from a federally regulated or insured lender are required by Federal law to carry flood insurance. Most lenders will then send a letter indicating that property owners in the SFHA.must get flood insurance within 45 days or have a policy force-placed,which is normally much more expensive. Normal home hazard insurance does not cover flood damage. Neither FEMA nor the DNR conduct outreach to inform residents of the map updates.City staff has prepared letters for affected residents with information describing how the update affects them,where to find more information,and what to do if they believe they've been inadvertently included in the SFHA. Several versions were drafted with information geared specifically to the various situations that affected property owners may find themselves in.Copies of the letters are available at http://edinamn.gov/index.php?section=engineering flood resources. If property owners believe they are actually elevated above the BFE they may submit a Letter of Map Amendment with sufficient elevation data to FEMA to be removed from the SFHA and thus,the federal requirement to carry flood insurance for certain mortgage holders. Property owners can either provide a survey,or in certain circumstances where structures are clearly elevated above the BFE,they may qualify for a streamlined LOMA process where the City can provide a map showing that the structure is Out As Shown(OAS) in lieu of a survey. Geographic Information Systems(GIS)mapping software was used to overlay digital floodplain data with local parcel information to create a mailing list of affected residents.As the list was being compiled,it was clear that some parcels intersected with the 2-D updated floodplain layer shape; however,were actually elevated far above the BFE. Flood insurance premiums can cost property owners hundreds to thousands of dollars each year. Additionally,the cost to furnish a certified survey can cost about$1,000.Considering this, staff decided to review each affected parcel to see if the property owners would be eligible for a streamlined LOMA process. In cases where it was appropriate,an OAS map was furnished up-front and provided to the property owner.This minimizes the burden of flood insurance for private property owners that are actually at lower risk and eliminates the need to commission a Professional Land Surveyor to furnish a field survey. The GIS query revealed nearly 700 affected parcels which break down into the following categories; • 224 parcels with principle structures intersect with the SFHA.A desktop review of these parcels showed that it was too close to determine if the structure was above or below the BFE without a field survey. If the property owner believes the lowest floor(including a basement)is above the BFE,they may submit a LOMA with a field survey. • 2 Letter of Map Changes(LOMCs)will be superseded.These properties had a LOMA;however, when the updated maps become effective,the determinations will be superseded because updated City of Edina • 4801 W.50th St. • Edina,MN 55424 CITY OF EDINA. MEMO t13A A Engineering Department �w 11, Phone 952-826-0371 •Fax 952-826-0392•www.EdinaMN.gov • m NUJ / Date: July 25,2016 To: File cc: From: Jessica Vanderwerff Wilson, CFM,Water Resources Coordinator Subject: 2016 updates to FEMA Flood Insurance Rate Maps and Flood Insurance Study for Hennepin County FEMA's National Flood Insurance Program FEMA administers the National Flood Insurance Program (NFIP)which aims to reduce the impact of flooding on private and public structures by providing affordable insurance and requiring participating communities to adopt and enforce ordinances that meet or exceed FEMA requirements to reduce the risk of flooding.The City joined the NFIP in 1980. Flood Insurance Rate Maps(FIRM)and a Flood Insurance Study(AS) are produced for the county in support of the NFIP.These products delineate flood hazard areas and have implications for flood insurance and land development.The current effective FEMA FIRM and FIS were adopted by the City in 2004. The 2016 updates to the FIRM and FIS incorporate modeling results from hydrologic and hydraulic models developed in the mid-2000s. FEMA has spent approximately the past ten years finalizing the Hennepin County maps.A major change with the map update was modernization to a digital format designed for use with Geographic Information Systems(GIS)software.This allows for better integration of local datasets with flood hazard data to assist with floodplain management. During the map revision process several appeals and map review comments,which are summarized below, were submitted to FEMA by Barr Engineering on behalf of the City of Edina. The updated FIS and FIRM are available for download at https://msc.fema.gov/portal/advanceSearch A paper copy is available in the Engineering Department. A comparison of the 2016 updated FIRM and the current effective FIRM from 2004 can be seen in the Changes Since Last FIRM(CSLF)maps available on the City's website at http://edinamn.gov/index.php?section=engineering_flood_resources Comments and Appeals to the Map Revision A 90-day review period was issued for preliminary revised maps in spring of 2013.City staff shared the preliminary maps via letters to more than 800 property owners affected by the proposed changes.Based on resident feedback,three main areas of concern were identified(Nine Mile Village, Morningside,and Rolling Green). In early June 2013, City Council authorized the Engineering Department to consult with Barr Engineering to study the proposed changes. In instances where the preliminary flood hazard determinations were shown to be scientifically or technically incorrect,an appeal was warranted. Residents City of Edina • 7450 Metro Boulevard • Edina,MN 55439 CITY OF EDINAMEMO Page 3 The Comprehensive Water Resource Management Plan (CWRMP) provides guidance on flood protection and water quality improvement projects in the City. ok l2 . Where the FEMA FIRM provides flood hazard information on a regional scale,the p CWRMP is a tool for managing local flood risk.The CWRMP is due for an update $ a''' in 2017(tentative completion date)and will include an extensive update to the •'``t•;�:r�% hydrologic and hydraulic modeling with updated infrastructure,topography, and precipitation data. In 2013, NOAA's National Weather Service(NWS)published new precipitation frequency estimates ("Atlas 14")for the state of Minnesota and other Midwestern states.The Atlas 14 precipitation frequency estimates,which are the estimated rainfall depths for various rainfall durations and exceedance probabilities,replace the precipitation estimates published in Technical Paper No.40 Rainfall Frequency Atlas of the United States("TP 40").The Atlas 14 rainfall frequency estimates indicate a significant increase in the depth of the 50-year and I00-year frequency rainfall events(i.e., rainfall events with exceedance probabilities of 2%and 1%,respectively)across Minnesota and neighboring states,as compared with the TP 40 estimates used previously. For the Minneapolis/St. Paul area,the increases in 24-hour duration precipitation depths over TP 40 are as high 25%.The CWRMP will incorporate the Atlas 14 data. The FEMA maps are based on models which used TP 40 precipitation data.Additionally,the FEMA maps did not incorporate state topographical (LiDAR)data which became available in 2011 because the flood modeling for Hennepin County was completed prior to 2011. Ordinance Revision The city must adopt a conforming ordinance by November 4,2016 in order to continue participating in the NFIP. The MN Department of Natural Resources(DNR) is the state floodplain regulatory agency and has provided a model ordinance for the City to modify and adopt.The model ordinance has changed significantly since the last time this process was undertaken.Some of the updates to the model ordinance are required by FEMA, some are clarifications or corrections to ensure state and federal laws are being followed,and some are optional recommended language for the City to consider. City staff is drafting a community-specific ordinance based on the model which will be submitted to the DNR for review in early August. { { City of Edina • 4801 W.50th St. • Edina,MN 55424 Article X.FLOODPLAIN DISTRICTS `8`o�FION-DIVISION 13:9 STATUTORY AUTHORIZATION,FINDINGS OF FACT AND PURPOSE pComment[CoE1]:Rtb;36-791,36-1189 136-749IStatutory Authorization:The legislature of the State of Minnesota has,in Minnesota Statutes Chapter 103F and_ Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize reserved for this section,suggest we ask legal flood losses.Therefore,the(Governing @ody)'council of Edina,Minnesota,does ordain as follows. renumber sections and match formatting once we are -------—----- we adone editing. 1.2 Purpose: 1.21 This ordinance regulates development In the flood hazard areas of the City of Edina.These flood hazard areas are subject to periodic inundation,which may result In loss of life and property,health and safety hazards,disruption of commerce and governmental services,extraordinary public expenditures for flood protection and relief,and impairment of the tax base.It is the purpose of this ordinance to promote the public health,safety,and general welfare by minimizing these losses and disruptions. 1.22 National Flood Insurance Program Compliance.This ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59- 78,as amended,so as to maintain the community's eligibility in the National Flood Insurance Program. 1.23 This ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater Impacts,improve water quality,reduce soil erosion,protect aquatic and riparian habitat,provide recreational opportunities,provide aesthetic benefits and enhance community and economic development. MUMN DIVISION 2.0 GENERAL PROVISIONS 2.1 How to Use This Ordinance:This ordinance adopts the floodplain maps applicable to the City of Edina and includes three floodplain districts:Floodway,Flood Fringe,and General Floodplain. 2.11 Where Floodway and Flood Fringe districts are delineated on the floodplain maps,the standards in Sections 4 or 5 will apply,depending on the location of a property. 2.12 Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district.Within the General Floodplain district,the Floodway District standards in Section 4 apply unless the floodway boundary is determined,according to the process outlined in Section 6.Once the floodway boundary is determined,the Flood Fringe District standards in Section 5 may apply outside the floodway. 2.2 Lands to Which Ordinance Applies:This ordinance applies to all lands within the jurisdiction of the City of Edina shown on the Official Zoning Map and/or the attachments to the map as being located within the boundaries of the Floodway,Flood Fringe,or General Floodplain Districts. 2.21 The Floodway,Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts.The standards imposed in the overlay districts are in addition to any other requirements in this ordinance.In case of a conflict,the more restrictive standards will apply. 2.3 Incorporation of Maps by Reference:The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this ordinance.The attached material includes the Flood Insurance Study for Hennepin County,Minnesota,and Incorporated Areas,dated November 4, 2016 and the Flood Insurance Rate Map panels enumerated below,dated November 4,2016,all prepared by the Federal Emergency Management Agency.These materials are on file In the Engineering Department j-Fistlecation Effective Flood Insurance Rate Map panels: 27053C0342F 27053C0361F 27053C0363F 27053C0432F 27053C0344F 27053C0362F 27053C0364F 27053C0451F ii i 2.916 Development-any manmade change to improved or unimproved real estate,including buildings or other structures,mining,dredging,filling,grading,paving,excavation or drilling operations,or storage of equipment or materials. 2.917 Equal Degree of Encroachment-a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. 2.913 Farm Fence A fence as defined by Minn.Statutes Section 341.02,Subd.1(a)(d).An open type fcncc of ordinance. 2.919 Flood-a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results In the inundation of normally dry areas. 2.920 Flood Frequency-the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. 2.921 Flood Fringe-the portion of the Special Flood Hazard Area(one percent annual chance flood)located outside of the floodway. Flood fringe is synonymous with the term"floodway fringe"used in the Flood ,, Comment[MB4]:Sorry,this definition Insurance Study for Hennepin County,Minnesota. should have been included in the model / originally sent.Mandatory definition. 12.922 Flood Insurance Rate Map-an official map on which the Federal Insurance Administrator has delineated / / [CoES];Question for DNR- both the special hazard areas and the risk premium zones applicable to the community.A FIRM that has "Could Commentwe remove; 'storage'forOeexclusion? been made available digitally is called a Digital Flood Insurance Rate Map(DFIRM)1 _ I We've had owners want to build a sport court below their basement and call it a storage 2.923 Flood Prone Area-any land susceptible to being inundated by water from any source(see"Flood"). 1 pace" 2.924 Floodplain-the beds proper and the areas adjoining a wetland,lake or watercourse which have been or I Comment[MB6]: hereafter may be covered by the regional flood. 1 2.927 Lowest Floor-the lowest floor of the I lowest enclosed area(including 2.925 Floodproofing a combination of structural provisions,changes,or adjustments to properties and I' basement). c a " structures subject to flooding,primarily for the reduction or elimination of flood damages. . .. - 2.926 Floodway-the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. 12.927 Lowest Floor-the lowest floor of the lowest enclosed area(including basement). An unfinished or flood 1/ deFt#eI' resistant enclosure,used solely for parking of vehicles,building access,or storage in an area other than a �' basement area,is not considered a building's lowest floor;provided,that such enclosure is not built so as ur federal Regulations, art 60.3 to render the structure in violation of the applicable non-elevation design requirements of 44 Code of 1, Since the city is not allowing the alternative Federal Regulations,Part 60.3.1 elevation methods(5.34&5.46 of the sample 2.928 Manufactured Home 1-a structure,transportable in one or more sections,which is built on a permanent ordinance),that sentence is not applicable chassis and is designed for use with or without a permanent foundation when attached to the required -i and will just confuse folks. utilities. The term"manufactured home"does not include the term"recreational vehicle." ,, The questions about using the space as a 2.929 New Construction-Structures,including additions and improvements,and placement of manufactured i sports court in addition to storage and parking homes,for which the start of construction commenced on or after the effective date of this ordinance. \ is also not applicable.That part of the lowest I. floor definition was to explain that only those 2.930 Obstruction-any dam,wall,wharf,embankment,levee,dike,pile,abutment,projection,excavation, , limited uses were allowed if the space was channel modification,culvert,building,wire,fence,stockpile,refuse,fill,structure,or matter in,along, I' being wet floodproofed in accordance with the 5.46 standards.A basement with storage across,or projecting into any channel,watercourse,or regulatory floodplain which may impede,retard,or i ora sports court would still be required to be change the direction of the flow of water,either in itself or by catching or collecting debris carried by such ' elevated to the RFPE. water. 1, 2.931 One Hundred Year Floodplain-lands inundated by the"Regional Flood"(see definition). Comm n.t[C0 7].This is a mandatory definiti•• Comment[Jess8]:Principal use defined in 36-10. it (b)Any alteration of a"historic structure,"provided that the alteration will not preclude the structure's continued designation as a"historic structure." For the purpose of this ordinance,"historic structure"is as defined in 44 Code of Federal Regulations,Part 59.1. 2.10 A+tne�tat+--�--r^�,��r rr •. -- '---o .c:: :• e 2.11 •- . - - .:e, -: '• - . . SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS _ —f Comment[MB12]:I added a couple of 3.1 [Districts: — — (small changes to 3.1 for clarity. 3.11 Floodway District.The Floodway District includes those areas within Zones AE that have a floodway delineated as shown on the Flood Insurance Rate Map adopted in Section 2.3.For lakes,wetlands and other basins within Zones A and AE that do not have a floodway delineated,the Floodway District also includes those areas that are at or below the ordinary high water level as defined in Minnesota Statutes, Section 1030.005,subdivision 14. 3.12 Flood Fringe District.The Flood Fringe District includes areas within Zones AE that have a floodway delineated on the Flood Insurance Rate Map adopted in Section 2.3,but are located outside of the floodway.For lakes,wetlands and other basins within Zones A and AE that do not have a floodway flood delineated,the Flood Fringe District also Includes those areas below the 1%annual chance(100-year) elevation but above the ordinary high water level as defined in Minnesota Statutes,Section 103G.005, subdivision 14. 3.13 General Floodplain District. The General Floodplain District Includes thew-riverine areas within Zone A that do not have a delineated floodway as shown on the Flood Insurance Rate Map adopted in Section 2.3. 3.2 Applicability:Within the floodplain districts established in this ordinance,the use,size,type and location of development must comply with the terms of this ordinance and other applicable regulations. In no cases shall floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream,drainage ditches,or any other drainage facilities or systems.All uses not listed as permitted uses or conditional uses In Sections 4.0,5.0 and 6.0 are prohibited.In addition,critical facilities,as defined In Section 2.915,are prohibited in all floodplain districts. SECTION 4.0 FLOODWAY DISTRICT(FW) 4.1 Permitted Uses: The following uses,subject to the standards set forth in Section 4.2,are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district: 4.11 General farming,pasture,grazing,outdoor plant nurseries,horticulture,truck farming,forestry,sod. farming,and wild crop harvesting. 4.12 Industrial-commercial loading areas,parking areas,and airport landing strips. 4.13 Open space uses,including but not limited to private and public golf courses,tennis courts,driving ranges, archery ranges,picnic grounds,boat launching ramps,swimming areas,parks,wildlife and nature preserves,game farms,fish hatcheries,shooting preserves,hunting and fishing areas,and single or multiple purpose recreational trails. 4.14 Residential lawns,gardens,parking areas,and play areas. (d)Service utilities,such as electrical and heating equipment,within these structures must be elevated to or above the regulatory flood protection elevation or properly floodproofed; (e) Structures must be elevated on fill or structurally dry floodproofed in accordance with the FP1 or FP2 floodproofing classifications in the State Building Code.All floodproofed structures must be adequately anchored to prevent flotation,collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls. (f)As an alternative,an accessory structure may be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code,provided the accessory structure constitutes a minimal investment and does not exceed 576 square feet in size.Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: (1)To allow for the equalization of hydrostatic pressure,there must bee minimum of two"automatic" openings in the outside walls of the structure,with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;and (2)There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. 4.44 Structural works for flood control that will change the course,current or cross section of protected wetlands or public waters are subject to the provisions of Minnesota Statutes,Section 103G.245. 4.45 A levee,dike or floodwall constructed in the floodway must not cause an increase to the 1%chance or regional flood.The technical analysis must assume equal conveyance or storage loss on both sides of a stream. 4.46 Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. SECTION 5.0 FLOOD FRINGE DISTRICT(FF) 5.1 Permitted Uses: Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in Sections 5.2. -- - - - 5.2 Standards for Flood Fringe Permitted Uses: 5.21 All structures,Including accessory structures,must be elevated on fill so that the lowest floor,as defined,is at or above the regulatory flood protection elevation.The{inished fiqelevation for structures murt be no -- Comment[CoE13]: r :.. -- -•- a -..- --. :- . -• __ __ _ ____ __ ___e question for DNR—'isthis last sentence • :- . mandatory?Generally we promote grading away from structures at a 101slope for 10 5.22 Accessory Structures.As an alternative to the fill requirements of section 5.21,structures accessory to the feet." uses identified In Section 5.1 may be permitted to be internally/wet floodproofed to the FP3 or FP4 Comment[MB14]:Yes,itis mandatory per floodproofing classifications in the State Building Code,provided that: MN Rule 6120.5800.Sub°.4181.Please revise accordingly. (a)the accessory structure constitutes a minimal investment,does not exceed 576 square feet in size,and is only used for parking and storage. (b)All portions of floodproofed accessory structures below the Regulatory Flood Protection Elevation must be:(I)adequately anchored to prevent flotation,collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls,(ii)be constructed with materials resistant to flood damage, and(iii)must have all service utilities be water-tight or elevated to above the regulatory flood protection elevation 5.4 Standards for Flood Fringe Conditional Uses: 5.41 The standards listed in Sections 5.24 through 5.30 apply to all conditional uses. 5.42 Basements,as defined by Section 2.913 of this ordinance,are subject to the following: (a) Residential basement construction is not allowed below the regulatory flood protection elevation. (b) Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with Section 5.43 of this ordinance. 5.43 All areas of nonresidential structures,including basements,to be placed below the regulatory flood protection elevation must be floodproofed In accordance with the structurally dry floodproofing classifications in the State Building Code.Structurally dry floodproofing must meet the FP1 or FP2 floodproofing classification in the State Building Code,which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. 5.44 The placement of more than 1,000 cubic yards of fill or other similar material on a parcel(other than for the purpose of elevating a structure to the regulatory flood protection elevation)must comply with an approved erosion/sedimentation control plan. (a)The plan must dearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional(1%chance)flood event. (b) planprepared certified by a registered professional engineer or other qualified The must be re ared and Individual acceptable to the Council{Governing Body). (c)The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. 5.45 Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning. flooding. . :::-- .. ._ -.- • : •cs structure and•• . - - tr the • -: : : - ':-_ --.•- - - • • _ - • -- cubjccttofloodingunl- - -: ' 7.21 All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. 7.22 All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation,unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional(1%chance)flood has been approved by the'iGee�.l"*�s`' council.The plan must be prepared by a registered engineer or other qualified individual,and must demonstrate that adequate time and personnel exist to carry out the evacuation. 7.23 For all subdivisions in the floodplain,the Floodway and Flood Fringe District boundaries,the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents. must provide the information required in Section 6.2 of this 'ct applicants in District,General Floo d la Pp 7.24 In ordinance the p oto determine the regional flood elevation,the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site. 7.25 If a subdivision proposal or other proposed new development is in a flood prone area,any such proposal must be reviewed to assure that: (a) All such proposals are consistent with the need to minimize flood damage within the flood prone area, (b) All public utilities and facilities,such as sewer,gas,electrical,and water systems are located and constructed to minimize or eliminate flood damage,and (c) Adequate drainage Is provided to reduce exposure of flood hazard. 7.3 Building Sites. If a proposed building site is in a flood prone area,all new construction and substantial }rireveaiers-(including the placement of manufactured homes)must be: (a) Designed(or modified)and adequately anchored to prevent floatation,collapse,or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads,including the effects of buoyancy; (b) Constructed with materials and utility equipment resistant to flood damage; (c) Constructed by methods and practices that minimize flood damage;aad (d) Constructed with electrical,heating,ventilation,plumbing,and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding-;and (e) Approved by the City Engineer. SECTION 8.0 PUBLIC UTILITIES,RAILROADS,ROADS,AND BRIDGES 8.1 Public Utilities:All public utilities and facilities such as gas,electrical,sewer,and water supply systems to be located in the floodplain must be floodproofed in accordance with the State Building Code,industry standards,or elevated to the regulatory flood protection elevation. 8.2 Public Transportation Facilities: Railroad tracks,roads,and bridges to be located within the floodplain must comply with Sections 4.0 and 5.0 of this ordinance.These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area.Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. 8.3 On-site Water Supply and Sewage Treatment Systems: Where public utilities are not provided:1)On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters Into the systems and are subject to the provisions in Minnesota Rules Chapter 4725.4350,as amended;and 2)New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems Ii 10.1 Zoning Administrator A Zoning Administrator or other official designated by the(Governing Body)must administer and enforce this ordinance. 110.2Permit Requirements. __ --------- - Comment[Jess23]:Kris toprovide cross- references for 10.2.If they exist in other parts 10.21 Permit Required. A permit must be obtained from the Zoning Administrator prior to conducting the of the zoning ordinance they may be cross- referenced rather than repeated here.Must following activities: be able to demonstrate that these procedures (a)The erection,addition,modification,rehabilitation,or alteration of any building,structure,or portion or comparable ones are in place thereof. Normal maintenance and repair also requires a permit if such work,separately or in conjunction with other planned work,constitutes a substantial improvement as defined in this ordinance. (b)The use or change of use of a building,structure,or land. (c)The construction of a dam,fence,or on-site septic system,- -- - - .. - ' (d)The change or extension of a nonconforming use. (e)The repair of a structure that has been damaged by flood,fire,tornado,or any other source. (f) The placement of fill,excavation of materials,or the storage of materials or equipment within the floodplain. (g)Relocation or alteration of a watercourse(including new or replacement culverts and bridges),unless a public waters work permit has been applied for. (h)Any other type of"development"as defined in this ordinance. 10.22 Application for Permit. Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator.The permit application must include the information required in Sec. 36-129 fefleva'rflg-as-appliei Elaeper it-applieatier+ 10.23 Certificate of Zoning Compliance for a New,Altered,or Nonconforming Use. No building,land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this ordinance. 10.24 Certification. The applicant is required to submit certification by a registered professional engineer, registered architect,or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Floodproofing measures must be certified by a registered professional engineer or registered architect. 10.25 Record of First Floor Elevation.The Zoning Administrator must maintain a record of the elevation of the lowest floor(including basement)of all new structures and alterations or additions to existing structures in the floodplain.The Zoning Administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed. 10.26 Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a river or stream,the Zoning Administrator must notify adjacent communities.If the applicant has applied for a permit to work in public waters pursuant to Minnesota Statutes,Section 103G.245,this will suffice as (i) The relationship of the proposed use to the Comprehensive Land Use Plan and flood plain management program for the area; (j) The safety of access to the property in times of flood for ordinary and emergency vehicles; (lc)The expected heights,velocity,duration,rate of rise and sediment transport of the flood waters expected at the site. 10.36 Submittal of Hearing Notices to the Department of Natural Resources(DNR). The zoning administrator (designated body/community official):must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days'notice of the hearing.The notice maybe sent by electronic mail or U.S.Mail to the respective DNR area hydrologist. 10.37 Submittal of Final Decisions to the DNR. A copy of all decisions granting variances must be forwarded to the DNR within ten days of such action.The notice may be sent by electronic mail or U.S.Mail to the respective DNR area hydrologist. 10.38 Record-Keeping. The Zoning Administrator must maintain a record of all variance actions,including justification for their Issuance,and must reportsuch variances in an annual or biennial reportto the Administrator of the National Flood Insurance Program,when requested by the Federal Emergency Management Agency. 10.4 Conditional Uses: 10.41 Administrative Review.An application for a conditional use permit under the provisions of this ordinance will be processed and reviewed in accordance with Section(s)36-301—36-310-of the zoning ordinance/code. 10.42 Factors Used in Decision-Making. In passing upon conditional use applications,the(&ever-ging-Body)City Council must consider all relevant factors specified in other sections of this ordinance,and those factors identified in Section 10.35 of this ordinance. 10.43 Conditions Attached to Conditional Use Permits. The(Governing Body City Council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this ordinance.Such conditions may include,but are not limited to,the following: (a) Modification of waste treatment and water supply facilities. (b) Limitations on period of use,occupancy,and operation. (c) Imposition of operational controls,sureties,and deed restrictions. (d) Requirements for construction of channel modifications,compensatory storage,dikes,levees,and other protective measures. (e) Floodproofing measures,in accordance with the State Building Code and this ordinance.The applicant must submit a plan or document certified by a registered professional engineer or architect that the Comment[Jess25]:Question for DNR— floodproofing measures are consistent with the regulatory flood protection elevation and associated I "Can a house with a low floor below the BFE flood factors for the particular area. I be torn down and rebuilt as long as It uses the I existing foundation?" 10.44 Submittal of Hearing Notices to the Department of Natural Resources(DNR).The(designated ' I bee.ly{esmnierrtty-ef€eia}Zoning Administrator must submit hearing notices for proposed conditional uses � Question for DNR—"Would it constitute as a to the DNR sufficiently in advance to provide at least ten days'notice of the hearing.The notice may be / taking if we didn't allow a house to be rebuilt sent by electronic mail or U.S.Mail to the respective DNR area hydrologist. j' oon an existing foundation that is below the 10.45 Submittal of Final Decisions to the DNR.A copy of all decisions granting conditional uses must be ' - I • Comment[MB26]:Any nonconformity forwarded to the DNR within ten days of such action.The notice may be sent by electronic mail or U.S.Mail i would have to be rebuilt in conformance.I to the respective DNR area hydrologist. I don't see much of a reason why they wouldn't Iwant to elevate if given the chance...would SECTION 11.0 INONCONFORMITIESI mean lower/no premiums and better protection.It would not be a taking. • and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. SECTION 13.0 AMENDMENTS 13.1 Floodplain Designation—Restrictions on Removal:The floodplain designation on the Official Zoning Map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain.Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources(DNR)if the Commissioner determines that,through other measures,lands are adequately protected for the intended use. 13.2 Amendments Require DNR Approval:All amendments to this ordinance must be submitted to and approved by the Commissioner of the Department of Natural Resources(DNR)prior to adoption.The Commissioner must II approve the amendment prior to community approval. 13.3 Map Revisions Require Ordinance Amendments.The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in Section 2.3 of this ordinance. EFFECTIVE DATE:This ordinance shall be In full force and effect from and after its passage and approval and publication,as required by law and/or charter. Adopted by the City Council City of Edina This of (Day) (Month) (Year) Attest: ,Mayor (Name of Elected Official) Attest: ,City Clerk (Name of Community Official) Stamp with Community Seal: Ordinance No.2016-14 Page 2 water quality, reduce soil erosion, protect aquatic and riparian habitat,provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. DIVISION 2.0 GE l 'ERAL PROVISIONS 2.1 How to Use This Ordinance: This ordinance adopts the floodplain maps applicable to the City of Edina and includes three floodplain districts: Floodway, Flood Fringe, and General Floodplain. 2.I I Where Floodway and Flood Fringe districts are delineated on the floodplain maps,the standards in Sections 4 or 5 will apply, depending on the location of a property. 2.12 Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district.Within the General Floodplain district,the Floodway District standards in Section 4 apply unless the floodway boundary is determined, according to the process outlined in Section 6.Once the floodway boundary is determined,the Flood Fringe District standards in Section 5 may apply outside the floodway. 2.2 Lands to Which Ordinance Applies: This ordinance applies to all lands within the jurisdiction of the City of Edina shown on the Official Zoning Map and/or the attachments to the map as being located within the boundaries of the Floodway, Flood Fringe, or General Floodplain Districts. 2.21 The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts.The standards imposed in the overlay districts are in addition to any other requirements in this ordinance. In case of a conflict,the more restrictive standards will apply. 2.3 Incorporation of Maps by Reference: The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this ordinance. The attached material includes the Flood Insurance Study for Hennepin County, Minnesota, and Incorporated Areas, dated November 4,2016 and the Flood Insurance Rate Map panels enumerated below, dated November 4,2016,all prepared by the Federal Emergency Management Agency. These materials are on file in the Engineering Department. Effective Flood Insurance Rate Map panels: 27053C0342F 27053C0362F 27053C0432F 27053C0344F 27053C0363F 27053C045 I F 27053C0361F 27053C0364F 27053C0452F 2.4 Regulatory Flood Protection Elevation: The regulatory flood protection elevation (RFPE) is an elevation no lower than two feet above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. 2.5 Interpretation: The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map. 2.5 I Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions,the flood elevations shall be the governing factor.The Zoning Administrator must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain,and other available technical data. Ordinance No.2016-14 Page 4 2.921 Flood Fringe—the portion of the Special Flood Hazard Area(one percent annual chance flood) located outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for Hennepin County, Minnesota. 2.922 Flood Insurance Rate Map-an official map on which the Federal Insurance Administrator has areas and the risk premium zones applicable to the hazard both the special _ . delineatedp community.A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). 2.923 Flood Prone Area—any land susceptible to being inundated by water from any source(see "Flood"). 2.924 Floodplain—the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. 2.925 Floodproofing—a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. 2.926 Floodway—the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. 2.927 Lowest Floor—the lowest floor of the lowest enclosed area(including basement). 2.928 Manufactured Home a structure,transportable in one or more sections,which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term"manufactured home" does not include the term "recreational vehicle." 2.929 New Construction- Structures,including additions and improvements,and placement of manufactured homes,for which the start of construction commenced on or after the effective date of this ordinance. 2.930 Obstruction—any dam,wall,wharf,embankment, levee,dike, pile,abutment, projection, excavation,channel modification,culvert, building,wire,fence, stockpile, refuse,fill,structure, or matter in,along,across,or projecting into any channel,watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. 2.931 One Hundred Year Floodplain—lands inundated by the"Regional Flood" (see definition). 2.932 Principal Use or Structure—as defined in section 36-10. 2.933 Reach—a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area,the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. 2.934 Recreational Vehicle—a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck,and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping,travel, or seasonal use. For the purposes of this ordinance,the term recreational vehicle is synonymous with the term"travel trailer/travel vehicle." 2.935 Regional Flood—a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an Ordinance No.2016-14 Page 6 lakes,wetlands and other basins within Zones A and AE that do not have a floodway delineated,the Floodway District also includes those areas that are at or below the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14. 3.12 Flood Fringe District. The Flood Fringe District includes areas within Zones AE that have a floodway delineated on the Flood Insurance Rate Map adopted in Section 2.3, but are located outside of the floodway. For lakes,wetlands and other basins within Zones A and AE that do not have a floodway delineated,the Flood Fringe District also includes those areas below the I%annual chance (100-year)flood elevation but above the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14. 3.13 General Floodplain District. The General Floodplain District includes riverine areas within Zone A that do not have a delineated floodway as shown on the Flood Insurance Rate Map adopted in Section 2.3. 3.2 Applicability: Within the floodplain districts established in this ordinance,the use, size,type and location of development must comply with the terms of this ordinance and other applicable regulations. In no cases shall floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream,drainage ditches,or any other drainage facilities or systems. All uses not listed as permitted uses or conditional uses in Sections 4.0, 5.0 and 6.0 are prohibited. In addition, critical facilities,as defined in Section 2.915,are prohibited in all floodplain districts. DIVISION 4.0 FLOODWAY DISTRICT(FW) 4.1 Permitted Uses: The following uses,subject to the standards set forth in Section 4.2,are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district: 4.11 General farming, pasture,grazing, outdoor plant nurseries, horticulture,truck farming, forestry,sod farming,and wild crop harvesting. 4.12 Industrial-commercial loading areas, parking areas,and airport landing strips. 4.13 Open space uses, including but not limited to private and public golf courses,tennis courts, driving ranges,archery ranges, picnic grounds,boat launching ramps, swimming areas, parks, wildlife and nature preserves,game farms,fish hatcheries, shooting preserves, hunting and fishing areas,and single or multiple purpose recreational trails. 4.14 Residential lawns,gardens, parking areas,and play areas. 4.15 Railroads, streets, bridges, utility transmission lines and pipelines, provided that the Department of Natural Resources'Area Hydrologist is notified at least ten days prior to issuance of any permit. 4.2 Standards for Floodway Permitted Uses: 4.21 The use must have a low flood damage potential. 4.22 The use must not obstruct flood flows or cause any increase in flood elevations and must not involve structures, obstructions,or storage of materials or equipment. 4.23 Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth(in feet)multiplied by the velocity(in feet per second)would exceed a product of four upon occurrence of the regional (I%chance)flood. 4.3 Conditional Uses: The following uses may be allowed as conditional uses following the standards and procedures set forth in Section 10.4 of this ordinance and further subject to the standards set Ordinance No.2016-14 Page 8 structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. 4.44 Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of Minnesota Statutes, Section 103G.245. 4.45 A levee, dike or floodwall constructed in the floodway must not cause an increase to the I% chance or regional flood.The technical analysis must assume equal conveyance or storage loss on both sides of a stream. 4.46 Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. DIVISION 5.0 FLOOD FRINGE DISTRICT(FF) 5.I Permitted Uses: Permitted uses are those uses of land or structures allowed in the underlying zoning district(s)that comply with the standards in Sections 5.2. :. 5.2 Standards for Flood Fringe Permitted Uses: 5.21 All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation.The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. 5.22 Accessory Structures.As an alternative to the fill requirements of section 5.21, structures accessory to the uses identified in Section 5.1 may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided that: (a)the accessory structure constitutes a minimal investment,does not exceed 576 square feet in size,and is only used for parking and storage. (b)All portions of floodproofed accessory structures below the Regulatory Flood Protection Elevation must be:(i)adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls, (ii) be constructed with materials resistant to flood damage,and (iii) must have all service utilities be water-tight or elevated to above the regulatory flood protection elevation (c)Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: (I) I To allow for the equalization of hydrostatic pressure,there must be a minimum of two "automatic"openings in the outside walls of the structure,with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;and (2)There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. 5.24 The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation. Ordinance No. 2016-14 Page I0 5.44 The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan. (a)The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1%chance)flood event. (b)The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the Council. (c)The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. 5.45 Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning. �•;I�ISION 6.0 GE NERAL FLOODPLAIN DISTRICT(GF) 6.1 Permitted Uses: 6.I I The uses listed in Section 4.I of this ordinance, Floodway District Permitted Uses,are permitted uses. 6.12 All other uses are subject to the floodway/flood fringe evaluation criteria specified in Section 6.2 below. Section 4.0 applies if the proposed use is determined to be in the Floodway District.Section 5.0 applies if the proposed use is determined to be in the Flood Fringe District. 6.2 Procedures for Floodway and Flood Fringe Determinations: 6.21 Upon receipt of an application for a permit or other approval within the General Floodplain District,the Zoning Administrator must obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state, or other source. 6.22 If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information,as needed,to determine the regulatory flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in 6.23 below. 6.23 The determination of floodway and flood fringe must include the following components, as applicable: (a) Estimate the peak discharge of the regional (1%chance)flood. (b) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. (c) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half(0.5)foot.A lesser stage increase than 0.5 foot is required if, as a result of the stage increase, increased flood damages would result.An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries. 6.24 The Zoning Administrator will review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment must include the cumulative effects of previous floodway encroachments.The i �I i 1 I I I �I 1 i Ordinance No.2016-14 Page 12lumbin and air conditioning equipment (d) Constructed with electrical, heating,ventilation, plumbing, and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;and (e)Approved by the City Engineer. i.,IVISION 8.0 PUBLIC UTILITIES, RAILROADS, ROADS,AN BRIDGES 8.1 Public Utilities: All public utilities and facilities such as gas,electrical, sewer,and water supply systems to be located in the floodplain must be floodproofed in accordance with the State Building Code, industry standards,or elevated to the regulatory flood protection elevation. 8.2 Public Transportation Facilities: Railroad tracks, roads,and bridges to be located within the floodplain must comply with Sections 4.0 and 5.0 of this ordinance.These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety whereor I oads such facilities abei lies are nstruted at al to the orderly functioning of the area. Minor or auxiliary roadsor Y lower elevation where failure or interruption of transportation services would not endanger the public health or safety. 8.3 On-site Water Supply and Sewage Treatment Systems: Where public utilities are not provided: I) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems and are subject to the provisions in Minnesota Rules Chapter 4725.4350,as amended;and 2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from subject to rment or the systems into flsubject ub ect to theaters, y provisions iint not ePMinnesota Rules Chapter 7080.2270,taos amended times of flooding,and arelP DIVISION 9.0 MANUFACTURED HOMES, MANUFACTURED HOME PARKS,AND RECREATIONAL VEHICLES. 9.1 Manufactured Homes: New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain district. 9.11 Placement or replacement of manufactured home units is prohibited in the Floodway District. 9.2 Recreational Vehicles: New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district.Temporary storage of recreational vehicles in the floodplain must meet the exemption criteria below. 9.21 Criteria for exempt recreational vehicles (a)The vehicle must have a current license required for highway use. (b)The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities. DIVISION 10.0 ADMINISTRATION 10.I Zoning Administrator: A Zoning Administrator or other official designated by the City of Edina must administer and enforce this ordinance. 10.2 Permit Requirements: 10.21 Permit Required. A permit must be obtained from the Zoning Administrator prior to conducting the following activities: Ordinance No.2016-14 Page 14 10.3I Variance Applications. An application for a variance to the provisions of this ordinance will be processed and reviewed in accordance with applicable state statutes and Sections 36-95 through 36-104 of the zoning ordinance/code. 10.32 Adherence to State Floodplain Management Standards. A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. 10.33 Additional Variance Criteria.The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: (a Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. (b)Variances may only be issued by a community upon (i)a showing of good and sufficient that failure togrant the variance would result in exceptional cause, (ii)a determination P hardship to the applicant,and (iii)a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c)Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard,to afford relief. 10.34 Flood Insurance Notice. The Zoning Administrator must notify the applicant for a variance that: I)The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as$25 for$100 of insurance coverage;and 2) Such construction below the base or regional flood level increases risks to life and property.Such notification must be maintained with a record of all variance actions. 10.35 General Considerations. The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains: (a)The potential danger to life and property due to increased flood heights or velocities caused by encroachments; (b)The danger that materials may be swept onto other lands or downstream to the injury of others; (c)The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions; (d)The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner; (e)The importance of the services to be provided by the proposed use to the community; (f)The requirements of the facility for a waterfront location; (g)The availability of viable alternative locations for the proposed use that are not subject to flooding; (h)The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; Ordinance No.2016-14 Page 16 DIVISION 11.0 NONCONFORMITIES I I.I Continuance of Nonconformities:A use, structure,or occupancy of land which was lawful before the passage or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions. Historic structures, as defined in Section 2.941(b)of this ordinance, are subject to the provisions of Sections I I.I I — 11.15 of this ordinance. 11.1 1 A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in I I.12 below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited. 11.12 Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FPI thru FP4 floodproofing classifications)allowable in the State Building Code, except as further restricted in 11.17 below. 11.15 If any nonconformity is substantially damaged,as defined in Section 2.940 of this ordinance, it may not be reconstructed except in conformity with the provisions of this ordinance.The applicable provisions for establishing new uses or new structures in Sections 4.0 or 5.0 will • apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. 11.17 Any substantial improvement,as defined in Section 2.941 of this ordinance,to a nonconforming structure requires that the existing structure and any additions must meet the requirements of Section 4.0 or 5.0 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District. DIVISION 12.0 PENALTIES AND ENFORCEMENT 12.1 Violation Constitutes a Misdemeanor:Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses)constitute a misdemeanor and will be punishable as defined by law. 12.2 Other Lawful Action: Nothing in this ordinance restricts the City of Edina from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time,each additional day that lapses will constitute an additional violation of this ordinance and will be prosecuted accordingly. 12.3 Enforcement:Violations of the provisions of this ordinance will be investigated and resolved in accordance with the provisions of Section(s) 36-369 through 36-371 of the zoning ordinance/code. In responding to a suspected ordinance violation,the Zoning Administrator and Council may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions,after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party.The City of Edina must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. Minnesota Sample Floodplain Ordinance Three District Ordinance This sample ordinance includes the three primary types of floodplain districts:Floodway,Flood Fringe,and General Floodplain.It can be used in a variety of situations,where all three b[Y Its;DNR districts or only some of them are present. t "`d Contents SECTION 1.0 STATUTORY AUTHORIZATION,FINDINGS OF FACT AND PURPOSE 2 SECTION 2.0 GENERAL PROVISIONS 2 SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS 7 SECTION 4.0 FLOODWAY DISTRICT(FW) 7 . SECTION 5.0 FLOOD FRINGE DISTRICT(FF) 9 SECTION 6.0 GENERAL FLOODPLAIN DISTRICT(GF) 12 SECTION 7.0 LAND DEVELOPMENT STANDARDS 13 SECTION 8.0 PUBLIC UTILITIES,RAILROADS,ROADS,AND BRIDGES 14 SECTION 9.0 MANUFACTURED HOMES,MANUFACTURED HOME PARKS,AND RECREATIONAL VEHICLES. 14 SECTION 10.0 ADMINISTRATION 15 SECTION 11.0 NONCONFORMITIES 19 SECTION 12.0 PENALTIES AND ENFORCEMENT 20 SECTION 13.0 AMENDMENTS 20 all prepared by the Federal Emergency Management Agency.These materials are on file materials are considered attachments to Map.ng niMa o the Zo in the'.(list location where maps will be filed-i.e.,City Clerk's office). tinif Ma will vary by jurisdiction and map type. (list all map panels here) o For communities with older maps, , such as Flood Hazard Boundary Maps, in addition to Flood Insurance Rate Maps,these maps should also be ! listed in Section 2.3. o For counties,the map Index may be used in lieu of listing all the map panels individually. Cities may need to adopt other map panels to encompass areas that maybe annexed in the future.Counties and townships may . need to adopt city map panels to encompass areas that may be detached from cities.See Section 2.10&2.11 Communities may also adopt preliminary flood studies and/or other best available data for regulatory purposes. nformation in 2.4 Regulatory Flood Protection Elevation: The regulatory flood protection elevation(RFPE) the(mandatory)defimt anptional-Reiterates t of this term in is an elevation no lower than one foot above the elevation of the regional flood plus any Section 2.9.The RFPE can be increased increases in flood elevation caused by encroachments on the floodplain that result from beyond one foot to provide enhanced flood protection. designation of a floodway. (In A-O zones,add more detailed language: "Within the AO Zone,the RFPE is an elevation no lower than[the number shown on the FIRM]above the highest adjacent grade of an existing structure or proposed structure or a proposed structural addition.") 2.5 Interpretation: The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map. 2.51 Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions,the flood elevations shall be the governing factor.The Zoning Administrator must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain,and other available technical data. -_... 2.52 Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the(Planning Commission/Board of Adjustment)and to submit technical evidence. 2.6 Abrogation and Greater Restrictions: It is not intended by this ordinance to repeal, abrogate,or impair any existing easements,covenants,or other private agreements. However,where this ordinance imposes greater restrictions,the provisions of this ordinance prevail.All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. 2.7 Warning and Disclaimer of Liability: This ordinance does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages.This ordinance does not create liability on the part of (community)or its officers or employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. 2.923 Floodplain—the beds proper and the areas adjoining a wetland,lake or watercourse which have been or hereafter may be covered by the regional flood. 2.924 Floodproofing—a combination of structural provisions,changes,or adjustments to properties and structures subject to flooding,primarily for the reduction or elimination of flood damages. 2.925 Floodway—the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. 2.926 Lowest Floor—the lowest floor of the lowest enclosed area(including basement). An unfinished or flood resistant enclosure,used solely for parking of vehicles, building access,or storage in an area other than a basement area,is not considered a building's lowest floor;provided,that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 Code of Federal Regulations,Part 60.3. 2.927 Manufactured Home—a structure,transportable in one or more sections,which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities.The term "manufactured home"does not include the term"recreational vehicle." 2.928 New Construction-Structures,including additions and improvements,and placement of manufactured homes,for which the start of construction commenced on or after the effective date of this ordinance. 2.929 Obstruction—any dam,wall,wharf,embankment,levee,dike,pile,abutment, 2.929.Optional definition projection,excavation,channel modification,culvert,building,wire,fence, stockpile,refuse,fill,structure,or matter in,along,across,or projecting into any channel,watercourse,or regulatory floodplain which may impede,retard,or change the direction of the flow of water,either in itself or by catching or collecting debris carried by such water. 2.930 One Hundred Year Floodplain—lands inundated by the"Regional Flood"(see definition). 2.931 Principal Use or Structure—all uses or structures that are not accessory uses or 2.931.Optional definition structures. 2.932 Reach—a hydraulic engineering term to describe a longitudinal segment of a 2.932.Optional definition stream or river influenced by a natural or man-made obstruction.In an urban area,the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. 2.933 Recreational Vehicle—a vehicle that is built on a single chassis,is 400 square feet or less when measured at the largest horizontal projection,is designed to be self- propelled or permanently towable by a light duty truck,and is desgfor d primarily not for use as a permanent dwelling but as temporary living quarters recreational,camping,travel,or seasonal use.For the purposes of this ordinance, the term recreational vehicle is synonymous with the term"travel trailer/travel vehicle." 2.934 Regional Flood—a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 1%chance or 100-year recurrence interval.Regional flood is synonymous with the term"base flood"used in a flood insurance study. 2.935.The one foot elevation is mandated 2.935 Regulatory Flood Protection Elevation(RFPE) an elevation not less than one by state law,buta higher elevation can foot above the elevation of the regional flood plus any increases in flood yield increased protection. areas are annexed into the(community)after the date of adoption of this ordinance,the annexation will trigger an amendment of the floodplain ordinance. newly annexed floodplain lands will be subject to the provisions of this ordinance immediately upon the date of annexation. 2.11 Detachments. The Flood Insurance Rate Map panels adopted by reference into Section Section 2.11 applies only to counties or 2.3 above will include floodplain areas that lie inside the corporate boundaries of townships that exercise zoning authority. municipalities at the time of adoption of this ordinance. If any of these floodplain land Counls tiesomay ay t ay choose the ooadopt s ecp'index. map areas are detached from a municipality and come under the jurisdiction of(community) after the date of adoption of this ordinance,the newly detached floodplain lands will be subject to the provisions of this ordinance immediately upon the date of detachment. SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS 3.1 Districts: 3.11.For lakes,ponds and wetlands,the 3.11 Floodway District. The Floodway District includes those areas within Zones 3.11. orlay is us,ponds and administratively sdhfined AE/AO/AH(that have a floodway delineated)as shown on the Flood Insurance flas the area at or below the Ordinary High Rate Map adopted in Section 2.3. Water Level. 3.12 Flood Fringe District. The Flood Fringe District includes areas within Zones 3.12&3.13.If a community has floodplain AE/AO/AH(that have a floodway delineated)on the Flood Insurance Rate Map delineations on the FIRM for lakes,ponds and wetland without delineated floodways, adopted in Section 2.3,but located outside of the floodway. contact DNR Floodplain Program staff for 3.13 General Floodplain District. The General Floodplain District includes those areas specific OandAFloreareosproneto within(Zone A or Zones AE/AO/AH)as shown on the Flood Insurance Rate Map ZonesAdun to ovarlaar flowone to adopted in Section 2.3. flponds,and are not typically found on most FIRMs. If net present,references in 3.12 and 3.13 can be deleted. 3.2 Applicability: Within the floodplain districts established in this ordinance,the use,size,type and location of development must comply with the terms of this recommended.The lastslanguage te isthat wol,ubu t ordinance and other applicable regulations. In no cases shall floodplain development enitdlage t allfloodplain adversely affect the efficiency or unduly restrict the capacity of the channels or prohibit districts.This is a higher regulatory floodways of any tributaries to the main stream,drainage ditches,or any other drainage standard intended to keep critical facilities or systems.All uses not listed as permitted uses or conditional uses in Sections out infrastructf fureain aconcentrations of people 4.0,5.0 and 6.0 are prohibited.In addition,critical facilities,as defined in Section 2.915, are prohibited in all floodplain districts. SECTION 4.0 FLOODWAY DISTRICT(FW) 4.1 Permitted Uses: The following uses,subject to the standards set forth in Section 4.2,are 4.0.It is critical that the floodway be permitted uses if otherwise allowed in the underlying zoning district or any applicable protected so that it can transport and store the waters of the regional(100-year)flood Overlay district: • without increased flood heights or 4.11 General farming,pasture,grazing,outdoor plant nurseries,horticulture,truck velocities or threats to public health and and wild cropharvesting. safety. farming,forestry,sod farming, Note that communities are not required to 4.12 Industrial-commercial loading areas,parking areas,and airport landing strips. adopt all of the listed uses,but must provide for some use of the floodway land. 4.13 Open space uses,including but not limited to private and public golf courses, Other similar uses may be included in this tennis courts,driving ranges,archery ranges,picnic grounds,boat launching section if they meet the standards in ramps,swimming areas,parks,wildlife and nature preserves,game farms,fish Section 4.2. If a community wishes to hatcheries,shooting preserves,hunting and fishing areas,and single or multiple restrict all floodplain districts to only these permitted floodway uses,that could be purpose recreational trails. carried out through the DNB's model "Restrictive Ordinance." 4.14 Residential lawns,gardens,parking areas,and play areas. 4.15 Railroads,streets,bridges,utility transmission lines and pipelines,provided that the Department of Natural Resources'Area Hydrologist is notified at least ten 4.15.Earlier versions of the DNR sample permit. ordinances listed utility and transportation days prior to issuance of any uses as conditional uses. In this version, these uses are permitted if DNR is notified and certain standards are met 4.2 Standards for Floodway Permitted Uses: (a)structures are not intended for human habitation; 4.43.If accessory structures ore to beallowed in the floodway,items(a)through (b)structures will have a low flood damage potential; (d)ore required. I (c) structures will be constructed an placed so as to offer a minimal obstruction to the flow of flood waters; (d)Service utilities,such as electrical and heating equipment,within these structures must be elevated to or above the regulatory flood protection , elevation or properly floodproofed; (e) Structures must be elevated on fill or structurally dry floodproofed in accordance with the FP1 or FP2 floodproofing classifications in the State Building i Code.All floodproofed structures must be adequately anchored to prevent is optional language allowing for flotation,collapse or lateral movement and designed to equalize hydrostatic wet floodproofing of small accessory structures that constitute a minimal flood forces on exterior walls. • (f) As an alternative,an accessory structure may be internally/wet floodproofed investment. to the FP3 or FP4 floodproofing classifications in the State Building Code, provided the accessory structure constitutes a minimal investment and does not exceed 576 square feet in size. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: (1)To allow for the equalization of hydrostatic pressure,there must be a Ii minimum of two"automatic"openings in the outside walls of the structure,with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;and (2)There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. 4.44 Structural works for flood control that will change the course,current or cross section of protected wetlands or public waters are subject to the provisions of 4.44 is on optional provision providing Minnesota Statutes,Section 103G.245. notice that work in public waters requires a 4.45 A levee,dike or floodwall constructed in the floodway must not cause an DNR permit. increase to the 1%chance or regional flood.The technical analysis must assume equal conveyance or storage loss on both sides of a stream. 't of the capacity the p y 4.46 Floodway developments must not adversely affect hydraulic channel and adjoining floodplain of any tributary watercourse or drainage system. SECTION 5.0 FLOOD FRINGE DISTRICT(FF) ll 5.1 Permitted Uses: Permitted uses are those uses of land or structures allowed in the underlying zoning district(s)that comply with the standards in Sections 5.2.If no pre existing,underlying zoning districts exist,then any residential or nonresidential structure 5.1.If underlying zoning district(s)are (as in most the or use of a structure or land is a permitted use provided it does not constitute a public present sentenceasimcan communities)e deleted. nuisance. 5.2 Standards for Flood Fringe Permitted Uses: 5.21 All structures,including accessory structures,must be elevated on fill so that the . lowest floor,as defined,is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same 521."Lowest floor"is defined as the lowest defloor of the lowest enclosed d eed area,including elevation at least 15 feet beyond the outside limits of the structure. basements,crawl spaces,etc. See Section 2.926. considering permit applications,due consideration must be given to the needs of industries with operations that require a floodplain location. 5.31 Manufactured homes and recreational vehicles must meet the standards of Section 9 of this ordinance. 5.3 Conditional Uses: The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) 5.3.As with conditional uses in the or any applicable overlay district,following floodway,conditional uses in the flood the procedures in Section 10.4 of this ordinance. fringe are optional-communities should 5.31 Any structure that is not elevated on fill or floodproofed in accordance with determine d appropriate which h chion of thesefus uses are needed Sections 5.21 and 5.22 of this ordinance. 5.32 Storage of any material or equipment below the regulatory flood protection elevation. 5.33 The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with Section 5.21 of this ordinance. 5.34 (OPTIONAL)The use of methods to elevate structures above the regulatory flood protection elevation,including stilts,pilings,parallel walls,or above-grade, DNR refers to these enclosed areas such as crawl spaces or tuck under garages,shall meet the5.34.Theas "alternative ive elevfeion methods",meaning standards in Section 5.46. it is an alternative to fill.This is designated optional because they are burdensome to 5.4 Standards for Flood Fringe Conditional Uses: administer-typically requiring 5.41 The standards listed in Sections 5.24 through 5.30 apply to all conditional uses. nonconversion agreements and detailed monitoring and inspections.See 5.46. 5.42 Basements,as defined by Section 2.913 of this ordinance,are subject to the following: (a) Residential basement construction is not allowed below the regulatory flood protection elevation. (b) Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with Section 5.43 of this ordinance. 5.43 All areas of nonresidential structures,including basements,to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FP1 or FP2 floodproofing classification in the State Building Code,which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. 5.44 The placement of more than 1,000 cubic yards of fill or other similar material on II a parcel(other than for the purpose of elevating a structure to the regulatory 544.Optional provisions to be used if flood protection elevation)must comply with an approved placement of this amount of fill is regulated erosion/sedimentation control plan. asaconditional use. (a)The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional(1%chance)flood event. (b)The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the(Governing Body). (c)The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. within the Floodway or Flood Fringe District,Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in 6.23 below. 6.23 The determination of floodway and flood fringe must include the following components,as applicable: (a) Estimate the peak discharge of the regional(1%chance)flood. (b) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. (c) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half(0.5)foot.A lesser stage increase than 0.5 foot is required if,as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries. 6.24 The Zoning Administrator will review the submitted information and assess the 6.24.Federal rules require that technical evaluation and the recommended Floodway and/or Flood Fringe communities assess the cumulative effects District boundary.The assessment must include the cumulative effects of off!oodwoy encroachments on both sides previous floodway encroachments.The Zoning Administrator may seek technical of a stream. Contact Floodplain Program staff for assistance in making this assistance from a designated engineer or other expert person or agency, assessment. including the Department of Natural Resources.Based on this assessment,the Zoning Administrator may approve or deny the application. 6.25 Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Administrator must process the permit application consistent with the applicable provisions of Section 4.0 and 5.0 of this ordinance. SECTION 7.0 LAND DEVELOPMENT STANDARDS 7.1 In General: Recognizing that flood prone areas may exist outside of the designated 7.i Is optional—this and related provisions floodplain districts,the requirements of this section apply to all land within(community). in 7.25 and 7.3 are designed to enable communities to manage flood risks in 7.2 Subdivisions: No land may be subdivided which is unsuitable for reasons of flooding or unmapped but flood-prone areas(i.e., inadequate drainage,water supply or sewage treatment facilities.Manufactured home wetlands,ditches,Isolated basins). If these parks and recreational vehicle parks or campgrounds are considered subdivisions under standards are not needed,Section Icon be retitled Subdivisions." this ordinance. 7.21 All lots within the floodplain districts must be able to contain a building site 7.21-7.24 is mandatory.These provisions can be integrated into a city or county outside of the Floodway District at or above the regulatory flood protection subdivision ordinance,where one exists. elevation. Note that manufactured home and recreational vehicle parks are treated as 7.22 All subdivisions must have road access both to the subdivision and to the subdivisions. individual building sites no lower than two feet below the regulatory flood protection elevation,unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional(1%chance)flood has been approved by the(Governing Body).The plan must be prepared by a registered engineer or other qualified individual,and must demonstrate that adequate time and personnel exist to carry out the evacuation. 7.23 For all subdivisions in the floodplain,the Floodway and Flood Fringe District boundaries,the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents. 7.24 In the General Floodplain District,applicants must provide the information required in Section 6.2 of,this ordinance to determine the regional flood elevation,the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site. • 9.12 If allowed in the Flood Fringe District,placement or replacement of manufactured home units is subject to the requirements of Section 5 of this ordinance and the following standards. (a) New and replacement manufactured homes must be elevated in compliance with Section 5 of this ordinance and must be securely anchored to an adequately anchored foundation system that resists flotation,collapse and lateral movement.Methods of anchoring may include,but are not limited to, use of over-the-top or frame ties to ground anchors.This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. (b)New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in Section 7.22. 9.2 has recently been revised to recognize 9.2 Recreational Vehicles: New recreational vehicle parks or campgrounds and expansions MN Department of Health rules(Section to existing recreational vehicle parks or campgrounds are prohibited in any floodplain 4630.0200),which prohibit mobile home district. Placement of recreational vehicles in existing recreational vehicle parks or parks and recreational camping areas in campgrounds in the floodplain must meet the exemption criteria below or be treated as flood-prone areas.Placement or replacement of manufactured home units new structures meeting the requirements of this ordinance. may be allowed in existing manufactured home parks or on lots of record. 9.21 Recreational vehicles are exempt from the provisions of this ordinance if they are 9.21-9.23.These exemption criteria are placed in any of the following areas and meet the criteria listed in Section 9.22: required if recreational vehicles are allowed within any floodplain district. If this section (a) Individual lots or parcels of record. is not used,recreational vehicle placement must be explicitly prohibited in floodplain (b) Existing commercial recreational vehicle parks or campgrounds. districts. (c) Existing condominium-type associations. 9.22 Criteria for Exempt Recreational Vehicles: (a) The vehicle must have a current license required for highway use. (b) The vehicle must be highway ready,meaning on wheels or the internal jacking system,attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks. (c) No permanent structural type additions may be attached to the vehicle. (d) The vehicle and associated use must be permissible in any pre-existing, underlying zoning district. 9.22(e)is optional.Recreational vehicles in (e)Accessory structures are not permitted within the Floodway District.Any existing campgrounds maybe allowed accessory structure in the Flood Fringe District must be constructed of flood- within the Floodway District,if defined as a resistant materials and be securely anchored,meeting the requirements permitted or conditional use,but we applicable to manufactured homes in Section 9.22. recommend they be treated as a temporary use,without accessory structures and with (f) An accessory structure must constitute a minimal investment an emergency plan in place. 9.23 Recreational vehicles that are exempt in Section 9.22 lose this exemption when 9.22(f)and 9.23 are optional. development occurs on the site that exceeds a minimal investment for an Communities may apply a monetary limit accessory structure such as a garage or storage building.The recreational vehicle such atsInvestmen$500t"asa threshold forathis"minimal that threshold and all accessory structures will then be treated as new structures subject to the will varyfrom placerecognizing to place. elevation and floodproofing requirements of Section 5.0 of this ordinance.No development or improvement on the parcel or attachment to the recreational vehicle is allowed that would hinder the removal of the vehicle should flooding occur. 10.0.Many of the standards and SECTION 10.0 ADMINISTRATION procedures in this section ore likely to exist in other parts of the community's zoning Administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed. 10.26 Notifications for Watercourse Alterations.Before authorizing any alteration or relocation of a river or stream,the Zoning Administrator must notify adjacent communities, If the applicant has applied for a permit to work in public waters pursuant to Minnesota Statutes,Section 103G.245,this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency(FEMA). 10.27 Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations. As soon as is practicable,but not later than six months after the date such supporting information becomes available,the Zoning Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data. 10.3 Variances: 10.31 should cross-reference all sections of the ordinance that 10.31 Variance Applications. An application for a variance to the provisions of this thezoningg and reviewantof aregulatee ordinance will be processed and reviewed in accordance with applicable state prapplications.10.3 only contains DNR/FEMA statutes and Section(s) of the zoning ordinance/code. mandated regulatory&notification provisions. 10.32 Adherence to State Floodplain Management Standards. A variance must not allow a use that is not allowed in that district,permit a lower degree of flood Communities that administer zoning protection than the regulatory flood protection elevation for the particular area, ordinances ordinances)(in l d ingfll ooh alain board of or permit standards lower than those required by state law. adjustment to hear appeals and variance requests.In many the city 10.33 Additional Variance Criteria.The following additional variance criteria of the council,. manycounty cd,communities,oplanning Federal Emergency Management Agency must be satisfied: commission serves as the board of adjustment.If()community does not have (a) Variances must not be issued by a community within any designated existing variance procedures or a board of regulatory floodway if any increase in flood levels during the base flood adjustment,contact Floodplain Program discharge would result. staff for sample ordinance language. (b) Variances may only be issued by a community upon(i)a showing of good and 10.33(a-c)is language required by FEMA sufficient cause,(ii)a determination that failure to grant the variance would and f ustibtadopted d pte debatim.to Note result in exceptional hardship to the applicant,and(iii)a determination that sspeceptioy t athathe iireference t must the granting of a variance will not result in increased flood heights,additional remain in the ordinance,even though it has threats to public safety,extraordinary public expense,create nuisances,cause been replaced by the term"practical fraud on or victimization of the public,or conflict with existing local laws or d if iculties"in state zoning enabling ordinances. tes. (c) Variances may only be issued upon a determination that the variance is the minimum necessary,considering the flood hazard,to afford relief. 10.34 Flood Insurance Notice. The Zoning Administrator must notify the applicant fora 10.34 is required by FEMA. variance that: 1)The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as$25 for$100 of insurance coverage;and 2)Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions. 10.35 General Considerations. The community may consider the following factors in section 10.35 Is optional but recommended as guidance for communities in reviewing granting variances and imposing conditions on variances and conditional uses in variance applications.Thesame factors are flood plains: recommended for review of conditional use applications,below. (a)The potential danger to life and property due to increased flood heights or velocities caused by encroachments; (b)The danger that materials may be swept onto other lands or downstream to the injury of others; • (c) Imposition of operational controls,sureties,and deed restrictions. (d) Requirements for construction of channel modifications,compensatory storage,dikes,levees,and other protective measures. (e) Floodproofing measures,in accordance with the State Building Code and this ordinance.The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. 10.44 Submittal of Hearing Notices to the Department of Natural Resources(DNR).The (designated body/community official) must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days' notice of the hearing.The notice may be sent by electronic mail or U.S.Mail to the respective DNR area hydrologist. 10.45 Submittal of Final Decisions to the DNR.A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S.Mail to the respective DNR area hydrologist. SECTION 11.0 NONCONFORMITIES 11.1 Continuance of Nonconformities:A use,structure,or occupancy of land which was lawful before the passage or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions.Historic structures,as defined in Section 2.941(b)of this ordinance,are subject to the provisions of Sections 11.11-11.16 of this ordinance. 11.11.Buildings and structures within the 11.11 A nonconforming use,structure,or occupancy must not be expanded,changed, Floodway District may not be enlarged or enlarged,or altered in a way that increases its flood damage potential or degree expanded.In some cases,a floodway area of obstruction to flood flows except as provided in 11.12 below.Expansion or can be filled without causing any rise in flood stage.!n such cases,a Letter of Map enlargement of uses,structures or occupancies within the Floodway District is Revision maybe obtained that changes the prohibited. floodway boundary,placing the area in the Flood Fringe.Contact Floodplain Program 11.12 Any addition or structural alteration to a nonconforming structure or staff for details. nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques(i.e.,FP1 thru FP4 floodproofing classifications)allowable in the State Building Code,except as further restricted in 11.13 and 11.17 below. 11.13.The language presented is 11.13 If the cost of all previous and proposed alterations and additions exceeds 50 recommended,in order to gradually percent of the market value of any nonconforming structure,that shall be eliminate nonconformities over time. Federal standards require that substantial considered substantial improvement,and the entire structure must meet the improvement,is tracked Duero one-year standards of Section 4.0 or 5.0 of this ordinance for new structures,depending period. upon whether the structure is in the Floodway or Flood Fringe District, respectively.The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. Section reflects optional provision 11.14 If any nonconforming use,or any use of a nonconforming structure,is in statute 11.14 reflects s and le)(1)and 394.36) discontinued for more than one year,any future use of the premises must —local government may impose reasonable conform to this ordinance.The Assessor must notify the Zoning Administrator in conditions on the nonconforming use or writing of instances of nonconformities that have been discontinued for a period structure.Many communities have adopted similar provisions in their zoning of more than one year. ordinances. 11.15 If any nonconformity is substantially damaged,as defined in Section 2.940 of this Section 11.15 is specific to floodplain uses ordinance,it may not be reconstructed except in conformity with the provisions in state and federal statute,as distinct from of this ordinance.The applicable provisions for establishing new uses or new Adopted by the Board/City Council (Community Name) This of (Day) (Month) (Year) Attest: ,County Board Chairperson/Mayor (Name of Elected Official) Attest: ,County Administrator/City Clerk (Name of Community Official) Stamp With Community Seal: i „ 9,%= CITY OF EDINA 644801 West 50th Street �� cn �0 Edina, MN 55424 ” www.edina.mn.gov aaze Date: September 28, 2016 Agenda Item#:V.B. To: Planning Commission Item Type: Report and Recommendation From: Cary Teague, Community Development Director Item Activity: Subject: PUBLIC HEARING: Subdivision with Variances; Action 5845 Kellogg Avenue for Kyl Litwin on behalf of Young Kim ACTION REQUESTED: Recommend approval of the proposed subdivision and variances subject to the findings and conditions in the Planning Commission Staff Report. INTRODUCTION: See attached Staff Report. ATTACHMENTS: Staff Report it vacant today, contains a large Silver Maple (See pages A8 &A16.) Silver Maple's are not considered a protected tree in the City Code, and therefore would not have to be replaced even if it were located outside of the building pad area. Below is the definition of"protected tree:" (2) Definitions: a. Protected Tree: Any tree that is structurally sound and healthy, and that meets one of the following: i. a deciduous tree that is at least 8 inches dbh, except box elders, poplar, willow, silver maple, black locust, fruit tree species, and mulberry. ii. a coniferous tree that is at least 20 feet in height. The city forester inspected the site and Silver Maple, and recommends that it be removed so as not to cause issues in the future, such as the tree losing limbs and/or falling over and causing damage in the area. Planning Guide Plan designation: Single-dwelling residential Zoning: R-1, Single-dwelling district Lot Dimensions . i Area Lot Width Depth REQUIRED 9,000 s.f. 75 ft 135 ft. Lot 1 6,709 s.f.* 50 ft* 135 ft. Lot 2 6,709 s.f.* 50 ft* 135 ft. *Variance Required Grading/Drainage and Utilities The city engineer has reviewed the proposed plans and found them acceptable, subject to conditions. (See memo from the city engineer on page A15.) There would be very minimal grading to accommodate the new home. For construction of the new home on the north lot, surface water is recommended to be direct to the south to 59th Street by a swale within the 2 • 8. In 2015, a 100-foot lot at 5825 Ashcroft Avenue was granted variances to divide into two (2) 50-foot lots. (Median = 6,790 s.f. & 50 feet wide.) 9 In 2015, 5945 Concord was approved for a request to subdivide the property into two (2) 50-foot lots. (Median = 10,028 s.f. & 77 feet wide. Please note that most of these requests are close to the subject property. The last two requests, especially 5945 Concord, are very similar, and have been approved. Primary Issue • Are the findings for a variance met? Yes. Staff believes that the findings for a Variance are met with this proposal. Per state law and the Zoning Ordinance, a variance should not be granted unless it is found that the enforcement of the ordinance would cause practical difficulties in complying with the zoning ordinance and that the use is reasonable. As demonstrated below, staff believes the proposal meets the variance standards, when applying the three conditions: a) Will the proposal relieve practical difficulties that prevent a reasonable use from complying with the ordinance requirements? Yes. Reasonable use does not mean that the applicant must show the land cannot be put to any reasonable use without the variance. Rather, the applicant must show that there are practical difficulties in complying with the code and that the proposed use is reasonable. "Practical difficulties" may include functional and aesthetic concerns. The practical difficulty is due to the fact that the subject property is double the size of all lots on this block. This area was originally plated with all 50-foot lots, including the subject property. (See page A13.) This block has developed over time with a variety of lot sizes. When these lots were developed, the property owner at that time chose to combine two lots and build one home. The home was located on the south lot with the intent to subdivide and build a second home in the future. The requested variances to split this lot are reasonable in the context of the immediate neighborhood. The existing lot is both larger and wider than other properties in the immediate area. The proposed subdivision would result in two lots more characteristic of the neighborhood and original plat. If the 4 Staff Recommendation Recommend that the City Council approve the proposed two lot subdivision of 5845 Kellogg Avenue and the lot width variances from 75 feet to 50 feet for each lot, lot area variances from 9,000 square feet to 6,709 square feet for each lot, and a side yard setback variance from 5 feet to 4.7 feet for the existing home to remain. Approval is based on the following findings: 1. Except for the variances, the proposal meets the required standards and ordinance for a subdivision. 2. The subdivision would meet the neighborhood medians for lot width and depth and nearly meet the median area. 3. The proposal would restore the property back to the form of the original plat, which included two lots. 4. The proposal meets the required standards for a variance, because: a. There is a unique practical difficulty to the property caused by the existing size of the property which is two times the size of most lots on the block. b. The requested variances are reasonable in the context of the immediate neighborhood. The existing lot is both larger and wider than most properties in the area, including the adjacent lots to the east, west and south. The proposed subdivision would result in two lots more characteristic of the neighborhood. c. The proposed lots would be the same size as the lots were originally platted. d. The variances would meet the intent of the ordinance because the proposed lots are of similar size to others in the neighborhood. e. If the variances were denied, the applicant would be denied a use of his property, a 50-foot wide lot, which is common to the area. In addition, the applicant would be denied a subdivision with variances that has been previously approved with these same circumstances by the City in the last couple years. f. The side setback for the existing home is reasonable. The practical difficulty is the location of the existing home in relationship to the underlying 50-foot lots in the original plat. The proposed subdivision restores the existing plat, and the structure is an existing condition. The setback is very close to the required 5 foot setback at 4.7 feet 6 l nnL'Pin Hennepin County Property Map Date:9119/2016 - t „ t.l ..T x1-Y E,31�e;'l art:..-s ' : i _ . ,A4h ate ret4"i?: - 'v w _ z 4:94t ti ttre'*m%!*..'e SS ��, PB-Rett .s, is , - 1 1".-'...:'4.44,..,'-''..*fi f f_ a r i it tttts31"Ne a ..,. C',; r2n 1'.44aet:�ad[t 5t ___, 1 inch -800 feet i $ C.a... .4 PARCEL ID: 1902824420044 Comments: Site Location OWNER NAME:Hee-Yoon&Young Kim Trustee 1 PARCEL ADDRESS:5845 Kelogg Ave, Edina MN 55424 i PARCEL AREA:0.31 acres. 13,441 sq ft ATB:Abstract SALE CODE:Warranty Deed This data(i)Is furnished rs$I$'with no representation as to completeness or accuracy;00 Is furnished walla° ASSESSED 2015,PAYABLE 2016 r a matlegay any kind;an ering s(It IIis n tsitable purposes. PROPER Y TYPE:Residential Coushall not boilable tor any tienneph nty HOMESTEAD:Non-Homestead damage, Cou w loss resal knit trap this data. COPYRIGHT 0HENNEPIN COUNTY 2018 ASSESSED 2016,PAYABLE 2017 PROPERTY TYPE: Residential HOMESTEAD: Non-homestead /I 1 Ifern grin Hennepin County Property Map Date:9/19/2016 ak t ! 1 � 1 4 . ? lTh,It'rrook targe' i , , w i � za i i i 59th Street West S'rth Street Vi :t U. RFK 1' 04 ; -cy O I"" i 1 inch=400 feet PARCEL ID: 1902824420044 Comments: , OWNER NAME:Hee-Yoon&Young Kim Trustee Site Location PARCEL ADDRESS:5845 Kelogg Ave, Edina MN 55424 PARCEL AREA:0.31 acres, 13,441 sq ft A-T-B:Abstract SALE CODE:Warranty Deed This data(i)is furnished AS IV with no representation as to completeness or accuracy;(ii)Is furnished with n o ASSESSED 2015,PAYABLE 2016 warranty of any kind;and(ili)Is notsuitable PROPERTY TYPE:Residential for iegal,engineering or surveying purposes. Hennepin County shall not be liable kuany HOMESTEAD:Non-Homestead damage,injury or loss re ruling from this data. COPYRIGHT OHENNEPIN COUNTY 2018 ASSESSED 2016,PAYABLE 2017 PROPERTY TYPE:Residential HOMESTEAD: Non-homestead 11,5 "t nePri Hennepin County Property Map Date:9119/2016 z Y' 1. ,4 1 t-- 8...q.4„....--. � _ I "',.. 5: .., ,,,7.1i0;!. 6, ;r ;>! 1 , _,. ,4 ,i, 1, ..:4 p, , , : ,x.„,v.,6-3 ,. -' . r. .. 41 r4: , - It t , . } , LT t !i.`J �"3 h 3 '� 5 t � sma ." ` iice em* t`" a + ✓, x1S=M- J � t }k°!, �- ?, `4'''''.Ti.', � tet. rtN, r, ! ;girl') , ' 1 inch 100 feet . ' till PARCEL ID: 1902824420044 Comments: i OWNER NAME:Hee-Yoon&Young Kim Trustee Site Location PARCEL ADDRESS:5845 Kelogg Ave, Edina MN 55424 PARCEL AREA:0.31 acres, 13,441 sq ft A-T-B:Abstract 1. SALE CODE:Warranty Deed This data(i)is turnktted IASIS whh na reptesentatian as Ia catnpieisness or accuracy;(ii)Is furnished with no ASSESSED 2015,PAYABLE 2016 warraMyafanyklnd;and(lli)isndatltabie PROPERTY TYPE:Residential torlegal,engineering or surveying purpases. Hennepin County shall not be liable brant' HOMESTEAD: Non-Homestead lama ,Injury or Foss resultYtg iron,this data. COPYRIGHT©HENNEPIN COUNTY 2016 ASSESSED 2016, PAYABLE 2017 PROPERTY TYPE:Residential HOMESTEAD: Non homestead 1-C FAIR F A 5TH ADDITION I KNOW ALL MEN BY h situated In the Count 1 Lots 13 and 14, � the son; / I forever,Hveo thedeaseme t 30 '('--1 5 (....1,-- I In witness whereof so I N 89°50'24"E 134.20 19 r — r _ � i' ` SIGNED: STATE OF He — 1 COUNTY OF ‹/ / The foregoing Instnrm \•t and wife. n \\ Notary Public, p \ Aly Commission Expire L.vt t t \ o / , ul I N � /\ \ I Thomas E.Hodorff e \ \ 1 In the State of Minne. I, FOUND designated on the pia \�J wet lands,as defined 1 2' PIPE \3\ FOUND public ways are atrowr o 'r / ^1 J 1/2" PIPE p Dated this_day p p , L o r'' \ N 89°50'24"E 134.15 `.I Mnnes�ta U ensefiNai co i 1C� \\ / o c i \�/ —I ! i•••• STATE OF MINNESOTA Z I ++ \� �\// V) COUNTY OF VThis Instrument was a \ �/ Notary Public, ('\\/ My Commlaaion Expire: \ i nT p I l.V 1 Iv p I ..._'1 • 0 I o I t ) ua EDINA,MINNESOTA to (,‹/ This plat of FAIRFAX \ 2 L hheld this_day o \�\ and recommendations, Ions / , / (LOCK},_ 4 - J NESOTA' -/ 19 \ r I 1 CITY COUNCIL,City of I S 89°50'24"W 134.15 - FOUND I RESIDENT AND REALE 1/2" PIPE I hereby certify that t By. Mark V.Chapin,C 1'W. .,,. ;% � SURVEY DIVISION,Henr o CIA..0 �I T I I ^T fpr—f—T I A l f-^T is 'ys Pursuant to MN.STAT �. I fl .D I I\L_L_ I VV L_v I 5 6 Chris F.Mohs,Hennep COUNTY RECORDER,Hr I hereby certify that t o'clock._.M. 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It represents $IMWI,s SINE/19 s1)Wlw a compilation of information and data from city, county and other sources. 1 N1aW�19'�' ? NiStiWfi4' y Print Date: Fri Jul 12 08:38:15 200 .----------------,2') ,ao ; "i';ii _' &laWll! sisal in sinW1 9 13 ig t •ua er ec on i � A kr: , Eye-4`5,4 g ) %mid.,<Y. DATE: September 22, 2016 TO: Cary Teague—Planning Director CC: David Fisher—Building Official FROM: Ross Bintner P.E.—Engineering Services Manager RE: 5845 Kellogg Avenue/Fairfax 5th Addition Plat-Special Review The Engineering Department has reviewed the subject property for street and utility concerns, grading, storm water,erosion and sediment control and for general adherence to the relevant ordinance sections.This review was performed at the request of the Planning Department;a more detailed review will be performed at the time of building permit application. Summary of Review Engineering has no concerns with the plat as submitted. Grading and Drainage Grade a swale directing surface runoff south to 59'street along the east property line in the new drainage and utility easement. Erosion and Sediment Control New home permit must have a stormwater management plan signed by a professional engineer, consistent with the grading and drainage provision above. Street a n d Curb Cut A curb cut permit will be required for street connection for the new lot.Street patching will be required per Edina Standard Plates 540—543. Water and Saaitc'iy Utilities A utility connection permit will be required for sanitary and water services for the new lot.Street patching will be required per Edina Standard Plates 540--543.City REC fees for sewer and water will be required. Other Items A Minnehaha Creek Watershed District permit will be required. ENGINEERING DEPARTMENT 7450 Metro Boulevard•Edina,Minnesota 55439 ' www.EdinaMN.gov•952-826-0371•Fax 952-826-0392 4r Jackie Hoogenakker From: Rosemary Schwedes <rqschwedes@gmail.com> Sent: Sunday, September 18, 2016 12:47 PM To: Jackie Hoogenakker Subject: Request to subdivide the lot at 5845 Kellogg Ave. I have received the notice regarding an application requesting the right to subdivide the lot at 5845 Kellogg into two lots, The announcement document does not explain the reason for the request. So I will make the assumption,which can be readily corrected on your advice, that the goal of this subdivision is to make it possible to build two ugly, lot-filling, misshapen houses with pig-snout garages rather than one. If that goal is the correct one, then I oppose the subdivision. I thank you for the opportunity to render my opinion. —Rosemary Schwedes 5828 Kellogg Ave., Edina 1