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HomeMy WebLinkAbout1120 - ADMIN Ordinance - City Council - 1970/09/21Original September 21, 1970 7A ORDINANCE NO. 1120 AN ORDINANCE AMENDING ORDINANCE NO. 730 PASSED DECEMBER 28, 1959, ENTITLED "ST. LOUIS PARK ZONING ORDINANCE AMENDING SECTION 6:051 and 6:052 ESTABLISHING F-1 FLOOD PLAIN DISTRICT; ADDING SECTION 6:056. 1 RELATING TO F-1 FLOOD PLAIN DISTRICT PROVIDING FOR SPECIAL PERMITS THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. Section 6:051 of Ordinance No. 730 passed December 28, 1959, as amended entitled the "St. Louis Park Zoning Ordinance" is amended by adding the following: Flood Plain District. In addition, there is hereby created the F-1, Flood Plain District which has specific zoning regulations superimposed upon the existing zoning use districts and which supersede the underlying use district regulations only to the extent expressed in the provisions of the Flood Plain District. In all other aspects, the regulations in the underlying zoning use districts are applicable. Section 2. Section 6:052 of Ordinance No. 730, passed December 28, 1959, is amended to read as follows: Section 6:052 - Map. The boundaries of the above districts are hereby established as shown on the zoning map, as amended, consisting of two pages, the first page being entitled "Zoning Map of St. Louis Park, Minnesota, December 28, 1959" and the second page being entitled "Zoning Map of St. Louis Park, Flood Plain Zoning, August 5, 1970", which map is in the Office of the City Clerk, hereinafter referred to as the "Zoning Map" or "map", which map and all of the notations, references and other information shown thereon shall have the same force and effect as if fully set forth herein and are hereby made a part of this ordinance by reference and incorporated herein as fully as if set forth herein at length. l Section 3. Ordinance No. 730 passed December 28, 1959, as amended, entitled the "St. Louis Park Zoning Ordinance" is amended by adding Section 6:056 to read: Section 6:056 - F-1 FLOOD PLAIN DISTRICT. Section 6:056. 1. Special Permit Required - No building or structure of any portion thereof shall be constructed or placed within any F-1, Flood Plain District, unless a special permit is granted. Nor shall there be any grading, filling or excavating of land or any land use established on any property within the F-1, Flood Plain District, unless a special permit is granted. In Addition to the requirements of Section 6:190, no special permit shall be granted within the F-1, Flood Plain District, except in accordance with the following regulations: Subdivision 1. No special permit shall be granted unless an adequate easement or deed is provided for property over and along each side of the creek for the purpose of widening, deepening, sloping, improving or protecting the bed, bank and flood plain for drainage, parkway and other recreational use, except on property previously platted in accordance with permits or approval of the City. Property dedicated in accordance with this subdivision and Section 6:307 the subdivision ordinance may, to the extent stated in the terms and .,onditions of the special permit, be used to meet density require- ments, floor area ratio, ground floor area ratio and yard requirements. The adoption of this subdivision shall not render previously platted and developed lands to a nonconforming status provided such platting and development was in accordance with permits or approval of the City. Subdivision 2. No special permit shall be issued which will increase Q the height or duration of flood water in or along the creek. Subdivision 3. No special permit shall be issued which will result in the placement of an artificial obstruction which will resti°ict the passage of flood water in such a manner as to increase the height of flooding, except obstructions approved by the Minnehaha Creek Watershed District in conjui.ction with sound flood plain management along the creek. Subdivision 4. No special permit shall be issued which will result inthe placement of an artificial obstruction which restricts the right of public passage and use of the bed, bank and water of Minnehaha Creek, except obstructions approved by the Minnehaha Creek Watershed District and used for flood plain management, in which case adequate provisions for portaging and passage of water craft shall be made. Subdivision 5. No special permit shall be issued which would result in the placement of non -recreational permanent buildings in areas unfit for human usage by reason of danger from flooding, unsanitary conditions, or other hazards, except buildings authorized by the Minnehaha Creek Watershed District in conjunction with sound flood plain management and construction procedures. Subdivision 6. No special permit shall be authorized which would result in incompatible land uses or which would be detrimental to the protection of surface and ground water supplies. Subdivision 7. No special permit shall be authorized for structure;; which will increase the financial burdens imposed on the community and _ :s individuals thrc'-.gh increasing floods and overflow of water onto tend areas adjacent to Minnehaha Creek. Subdivision 8. No special permit shall be issued unless the proposal is in keeping with land use plans and planning objectives for Minnehaha Creek, and which will not increase or cause danger to life or property° Subdivision 9. Special permits shall only be issued in those cases which are consistent with the objectives of encouraging land use compatible with the preservation of the natural land forms, vegetation and the adjacent marshes of Minnehaha Creek which are a principle factor in the maintenance of constant rates of •7'^4 -c - flow in the Creek throughout the year, J - Subdivision 10. No special permit shall be iseued for a proposal which includes development of land and water areas essential to continue the temporary withholding of rapid runoff surface water which presently contribute to downstream flooding or for land and water areas which provide ground water infiltratration, unless the proposal is consistent with the runoff and infiltration, plans. Subdivision 11. No special permit shall be issued for a proposal which diminishes the land area necessary to carry increased flows or storm water following periods of heavy precipitation. Subdivision 12. No special permit shall be issued unless the applicant, in support of his application, shall submit engineering data, site plans and other plans and other information as the City may require in order to determine the effects of such development on the bed, bank, channel, floodway or flood plain of the Creek. The applicant shall submit four copies of the application and the information. One copy shall be sent by the City to the secretary of the Minnehaha Creek Watershed District. The District shall file its commends and recommendations with the City within 45 days after receipt of the information, unless additional time is authorized by the City. Section 3. This ordinance shall take effect fifteen days after its publication. Adopted by the City Council September 21, 1970. IEry or Attest : City Clerk Reviewed for admini tration: Approved as to form and legality: l>;yd v - City Pfttorney • SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOUISPARK SUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota t County of Hennepin SS. W JOHN BERTRAM, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The St Louis Park Sun and has full knowledge of the facts herein stated as follows. (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post office. (5) Said newspaper purports to ip4ierve the City of St Louis Park in the County of Hennepin and it has its known office of ue in the City of Bloomington in said county, established and open during its regular business urs for the gathering of news, sale of advertisements and sale of subscriptions and main- ained by the managing officer or persons in its employ and subject to his direction and con- trol during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (8) Said news- paper files a copy of each issue immediately with the State Historical Society. (7) Said news- paper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1988 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper He further states on oath that the printed Qrdinpnc nod 1120 hereto attached as a part hereof was cut from the co limns o sou newspaper, and was printed and published therein m the English language, once each week, for One successive weeks, that it was first so published on thur. the 214th day of soptr• 19 70 and was thereafter printed and published on every to and including the day of 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is 'hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghi jklmnopgrstuvwxyz abcdefghijklmnopqrstuvwxyz Subscribed and sworn to before me this 214th day of (Notarial Seal) / y • , M 1971 ALICE J NELSON in County, Mina. Notary Public, Hennepin e5 Dec. N, 1973 My Gommtsston Exp Sept, 19 70 (Official Publication) September Ll, t'' ORDINANCE NO 1121 0 .1 AN ORDINANCE AMENDING ORDINAns;E NO 7L0 PASSED DECEMBER 98, 113 ENTITLED "sr. LOUIS ' PARE ZO ORDINANCE AMENDING SECTION 8 and 6 052 ESTABLISHING F -I FL , PLAIN DISTRICT, ADDING SECTIO 8 0561 RELATING TO P -I FLOOD PLAIN DISTRICT PROVIDING FOR SPECIAL •PERMITS +'J THE CITY OF ST LOUIS PARK DOES ORDAIN. bb Section 1 Section 8 051 of Ordinance N61 730 passed December 28, 1059, as amend entitled the'Si Louis Park Zoning Orth nance" a amended by'adding the following Flood Plain District In, addition, there s hereby created the F -1, -Flood Plain DiP, tract which has specific zoning regi lions superimposed upon the existing zoning use distracts arm -which supeor the underlying use district regulating only to the extent expressed in the p sons of the Flood Plain Distract In a 1 other aspects, the regulations in th underlying zoning use distncts are apph able Seetloa 2 Section 6 052` of Ordinance Ni 730, passed December 280959, is amended to read as follows Section 8 052 - Map The boundaries of the above districts are hereby established as shown on the zoning map as amended,' consisting of two pages; the first page beingl entitled 'Zoning Map of,, St Louis Parktl Minnesota, December 28, 1959" and t sword page being entitled "Zoning Map of St Louis Park, Flood Plain Zoning, August 5, 1970," which map is in the Office of t City Clerk, hereinafter referred to as t "Zoning Map" or" "map", which map and all of the notations,' references and other'') information shown thereon shall have lhel same force and effect as if fully set fort herein and are hereby made a part of 1M ordinance by reference and incorporated herein as fully as if 'set -'forth hereinlength. ��!,' Section 3 Ordinance No.730passed Decerr�i ber 28, 1959, as amended, ,entitled the "SOLouis Park Zoning Ordinance" is amended byll 'adding Section 8 058 to read - TRICtion 6 058 - F-1 FLOOD PLAIN DI&1 Section 8 056.1 Special Permit Regwrgp') - No building or structure of any portio thereof shall be" constructed or plad add within any F-1; `Flood Plain DistricLi unless a special pgrmii is granted Nar4 shall there be any, grading, filling tgzl excavating of land or any land use est let fished on any property within the ,F} Flood Plain District, unless a sped pemut, is granted -In Addition to ibst requirements of Section 6.190, no special peanut shall be granted within the F -l- Flood Plain Ihstnct, except in accord- , ance with the following regulations Subdivision 1 No special permit shall be granted unless an adequate ease- ment or deed is provided for prop- erty over and along each aide of the creek for the purpose of widen - , mg, deepening, sloping, improving • , , or protecting- the bed,bank and 'flood plain for drainae, parkway and other recreational use, except • , on property previously ,platted in accordance with permits ,or approval of the City Property dedicated in accordance with this subdivision ars' Section 6 307 the subdivision ordinance may, to the extent, stated In the terms and conditions of the speaal permit, be used to meet density require- / -1 menta, ]floor area ratio, ground floor area ratio and yard require- ments The adoption of this subdi- ,vision shall not render previously platted and developed lands to a nonconforming status provided , such platting and development was in accordance with permits or approval of the Qty n i .Subdivision 2'No special permit shall be • issued which will increase the height or duration of flood water in or along the creek Subdivision 3 No spedal permit shall be issued which' will result in the placement of an artificial obstruc- tion which will restrict the passage • of flood water in such a manner as to increase the height of flooding, except obstructions approved by the Minnehaha Creek Watershed Distnct in conjunction with sound flood plain management along the creek Subdivision 4 No spedal permit shall be issued which will result in the placement of an artificial obstruc- tion winch restncts the nght of public passage and use of the bed, bark aid water of Minnehaha Creek, except obstructions approved by the Minnehaha Creek Watershed Distnct and used for flood plain management, in which case adequate provisions for por- taging and passage of water craft shall be made Subdivision 5 No special permit shall be issued which would result in the placement of non -recreational pertinent buildings in areae unfit for human usage by reason of danger from flooding, unsanitary conditions, or other hazards, except buildings authorized by the Minnehaha Creek Watershed Dis- trict in conjunction with sound flood plain management and con- struction procedures Subdivision 6 No spedal permit shall be authorized' which would result in incompatible land uses or which would be detnmental to the pro- tection of surface and ground water supplies Subdivision 7 No speaal permit spall be authorized for structures which will increase the finance' burdens imposed on the conformity ars' its individuals through increasing floods and overflow of water onto land areas adjacent to Minnehaha Creek � r i rr, e Subdivision 9 Special, permits shall only be issued in those cases which are consistent with the objectives of encouraging land use compatible with the,preservation of the natu- ral land forms, vegetation and the adjacent marshes of Minnehaha Creek which are a principle factor in the maintenance of constant rates of water flow in the Creek throughout the year Subdivision 10 No special permit shall be issued for a proposal which includes development of,land and water areas essential to continue the temporary withholding of rapid runoff surface water which pres- ently contnbute to downstream flooding or for land and water areas which provide ground water infiltration, unless the proposal is consistent with the runoff end infil- tration plans Subdivision 11 No special penult shall be issued for a proposal which dimin- ishes the land area necessary to carry increased flows or storm water following periods of heavy precipitation, Subdivision 12 No special pernut shall be issued unless the applicant, in su pott of his application, shall ' submit engmeenng data, site plans and other plans and other Informa- tion as the City may require in order to' determine the effects of such development On the bed, bank, channel, Goodway or flood plain of the Creek The appbcant shall submit four cones of the application and the information One copy shall be sent by the City to the secretary of the `Lnnnehaha Creek Watershed District The Distnct shall file its comments and recommendations with the City within 45 days after receipt of the information, unless additional time is authorized by the City Section 3 This ordinance shall take effect fifteen days after its publication Adopted by the City Council September 21, 1970 s/FRANK J HOWARD Mayor Attest s/EARL E HANSON City Clerk Approved as to form and legality s/WAYNE G POPHAM ' City Attorney Reviewed for admumstrabon s/CHRIS CHERCHES City Manager (Sept 24, 1970—SLP • ORDINANCE NO. 1120 • • nntitleda AN ORDINANCE AM NDING ORDINANCE NO. 730 PASSED DECEMBER 28, 1959, TITLED "ST. LOUIS PARK ZONING ORDINANCE AMENDING SECTION- 6:0551 end 6 f052—ABLISHING F-1 FLOOD PLAIN DISTRICT; ADDING SECTION 6:056.1. RELATING TO F-1 FLOOD PLAIN DISTRICT PROVIDING FOR SPECIAL PERMITS _. �- -77.:7-7-r 7'44/2 ---- 9/2170 .. - - -- 7 •, __ =!:;: � � � �. �• 924/70 - ;"f cove Date 10�9�70 _"-_ • File No. _ Affidavit of Publication ST. LOUISPARKSUN St. Louis Park, Minnesota In The Matter Of