Loading...
HomeMy WebLinkAbout1410 - ADMIN Ordinance - City Council - 1978/06/05V '1' 1 ORDINANCE NO. 1410 AN ORDINANCE AMENDING SECTION 14-123, 14-123.100, 14-123.100(2), AND 14 -123.100(2)(a -k) AND ADDING 14-123.100(3) RELATING TO FLOOD PLAIN ZONING THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The St. Louis Park Ordinance Code, is amended as follows: 1 r 1 1 1 Section 14-123. F-1 Floodway District. The F-1 Floodway District shall consist of the floodway along Minnehaha Creek. No building or structure or any portion thereof shall be con- structed or placed within the F-1 Floodway District, nor shall there be any grading, filling or excavating of land except as is required for flood plain management, or encroachments of any kind established on any property, private or public, within the F-1 Floodway District. The floodway dedicated to the public after the adoption of this Ordinance may be counted for density purposes and usable open space for permitted uses in the underlying district. Essential services as defined in Section 14-104(18) of the Ordinance Code shall be uses by special permit in the F-1 District and granted in accordance with Section 14 -123.100(2)(a -h) of the Ordinance Code. (Sec. 14-123 Amended by Ordinance Z388, October Z7, 1977) Section 14-123.100. F-2 Flood Plain District. (1) Purpose and Intent. The F-2 District is established to insure the protection of Minnehaha Creek, bodies of water, and adjoining wetlands within the City in order to maintain a high quality of surface water, provide for ground water infiltration, control the quality and extent of surface water runoff, provide an opportunity for an ecological balance within flood plain areas, to maintain and preserve the natural environment through sound land -use controls and flood plain management, and to insure the pro- tection of land uses from the hazards of flooding. (2) Permitted Uses and Special Permit Uses. Buildings shall be permitted in the F-2 District, except any building within 200 feet of the outer boundaries of the F-1 District shall require a special permit, and any other land use of any kind or installation of utilities, grading, filling, or excavating on any lands within any F-2 District shall require a special permit. Only those uses permitted in the underlying District may be granted a building permit or special permit. No building permit or special permit shall be granted except in accordance with the following regulations: 1 1 Seetion 14-123.100C2) (a) No building permit or special permit shall be granted unless an adequate easement or deed is provided for property over and along each side of Minnehaha Creek or an established body of water for the purpose of widening, deepening, sloping, improving or protecting the beds, banks, and flood plain for drainage, parkway and other recreational use, except on pro- perty previously platted in accordance with permit or approval of the City. Property dedicated in accordance with this subdivision may to the extent stated in the terms and conditions of the special permit, be used to meet density requirements, floor area ratio, ground floor area ratio and yard requirements. (b) No building permit or special permit shall be issued which will increase the height of flood waters by more than 0.5 feet. (c) No building permit or special permit shall be issued which would result in the placement of nonrecreational permanent buildings in areas unfit for human usage by reason of danger from flooding, unsanitary conditions, or other hazards. The level of the lowest floor including basement shall not be at an elevation, less than the flood protection elevation, except that a commercial or indus- trial building may be constructed below the flood protection elevation when it is flood - proofed to either the FP -1 or FP -2 classifi- cations as defined in the State Building Code. (d) No building permit or special permit shall be authorized which would result in land uses incompatible with and detrimental to the protection of surface and ground water supplies, or which would increase danger to life or property. No building permit or special permit shall be authorized fora use which would provide private sanitary sewer or private sanitary water supplies. All public utilities and facilities such as gas, electrical, sewer and water supply systems to be located in the Flood Plain shall be designed and constructed in a manner to eliminate potential damage from flooding and resulting pollution of surface waters or sanitary water supplies. Section 14-123.100(2) (e) No building permit or special permit shall be authorized for structures which will increase the financial burdens imposed on the community and its individuals through increasing floods and overflow of water onto land areas not in the F-1 or F-2 District. No building permit or special permit shall be authorized without certification by a registered professional engineer or architect that the finished fill and building elevations or other flood protection measures are accomplished in accordance with this ordinance. No building permit or special permit shall be authorized until the City has provided the Commissioner of the State Department of Natural Resources at least ten days written notice of the application. (h) Prior to the issuing of any building permit or special permit in the F-1 or F-2 District, the Zoning Administrator shall certify that the appli- cant has obtained all necessary state and federal permits and that all conditions of said permits have been satisfied. (f) (g) (i) No outside storage shall be permitted in the F-2 District except for street operable, self-propelled vehicles in parking lots, which parking shall be prohibited during flooding; storage tanks for fuel, chemical, and similar products which are anchored to prevent flotation; and all openings and vents provided to said tanks shall be located above the flood protection elevation. No motor home, mobile home, travel trailer, or similar living unit not placed upon a permanent foundation in accordance with al -1 of the condi- tions of Section 14-123(2) of this ordinance, shall be parked or placed in the F-2 District. (k) Residential structures shall be elevated on fill to the flood protection elevation and said elevation shall extend out beyond the structure in all directions a minimum of 15 feet. Fill shall be compacted and slopes shall be protected (j) Section 14-123.100(2) by rip rap or a vegetative covering to maintain proper slopes. Slopes shall not exceed a 3 to 1 ratio. When commercial and industrial structures are elevated on fill, the fill need not extend out beyond the exterior walls of the structure when it can be demonstrated that the fill is properly stabilized and not subject to washing or erosion by flood waters. Commercial and industrial structures that are not elevated on fill may be floodproofed to the FP -1 or FP -2 classifications as defined in the State Building Code. Structures floodproofed to the FP -3 or FP -4 classifications shall not be permitted. Section 14-123.100(3) Referral to Minnehaha Creek Watershed District No special permit shall be issued for property in the F-1 or F-2 District within 200 feet of the boundaries of the F-1 District unless the applicant, in support of the application, shall submit engineering data, site plans and other plans and information as the City may require in order to determine the effects of such development of bed, bank, channel, floodway or floodplain 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 comments and recommendations with the City within 45 days after receipt of the informa- tion unless additional time is authorized by the City. Section 2. This ordinance shall be effective fifteen days after its publication. Adopted by th City Council June 5, 1978 May Approved as to form and legality: City A orney SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOUISPARK SUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota ss. County of Hennepin J R RITCHAY, 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 at 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 serve the City of St Louis Park, Golden Valley School District No 275 and Robbinsdale School District No 281 in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the news- paper and business related thereto (6) Said newspaper files a copy of each issue immediately with the State Historical Society (7) Said newspaper 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, 1966 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 Ordinance No • 1410 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for An.e successive weeks, that it was first so published on Wed the 14 day of June 19_7B 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 kinti of type used in the composition and publication of said notice, to -wit abcdefghijklmnopgrstuvwxyz Subscribed and sworn to before me this 14 day of (Notarial Seal) GA ^1 �,`'i�%it PHYLLIS S. BARTON a a.`F ie 17 NOTARY PUBLIC - MINNESOTA f , HENNEPIN COUNTY t My Commission Cipires Aug 18, 1984 Xrf 11'19'YP ift/VVVtYV '� �R June 19_8 (Official Publication) ORDINANCE NO 1410 AN ORDINANCE AMENDING SEC- TION 14-123, 14.123 100(2), AND 14-123 100(2) (a -k) AND ADDING 14-123 100(3) RELATING TO FLOOD PLAIN ZONING i. THE CiTY OF ST LOijIS PARK DOES ORDAIN kk Section 1 The St Louis Park Ordi- nance Code, is amended as follows Section 19-123 F-1 Floodway Dis- trict The F-1 Floodway District shall consist of the, floodway along Min- nehaha Creek No building or struc- ture or any portion thereof shall be constructed or placed within the F -I Floodway Distract, nor shall there be any grading, filling or excavating of land except as is required for flood plain management or encroach- ments of any kind established on any property private or public, within the F-1 Floodway District The floodway dedicated to the public after the adop- tion of this Ordinance may be counted for density purposes and usable open space for permitted uses in the under- lying district Essential services as defined in Section 14-104(18) of the Ordinance Code shall be uses by spe- cial permit in the F -I District and granted in accordance with Section 14.123 10012) (a -hl of the Ordinance Code (Sec 14-123 Amended by Ordi- nance 1388 October 17 1977) Section 14-123100 F-2 Flood Plain District ( 1) Purpose and Intent The F-2 District is established to insure the protection of Minnehaha Creek bodies of water, and adjoining wet- lands within the City in order to main tarn a high quality of surface water provide for ground water infiltration control the quality and extent of sur face water runoff provide an oppor- tunity for an ecological balance" within flood plain areas, to maintain and preserve the natural environ- ment through sound land -use controls and flood plain management and to insure the protection of land uses from the hazards of flooding i2) Permitted Uses and Special Permit Uses Buildings shall be per- mitted in the F-2 District except any budding within 200 feet of the outer, boundaries of the F-1 District shall require a special permit and any' other land use of any kind or installs, tion of utilities, grading filling or ex; cavatmg on any lands within any F-2 District shall require a special per-'', mit Only those uses permitted in the? underlying District may be granted a building permit or special permit No building pei mit or special permit shall be granted except in accordance with the following regulations (al No building permit or spe- cial permit shall be granted un- less an adequate easement or deed is provided for property ovei and along each side of Min- nehaha Creek or an established 4 body of water for the pin pose of widening deepening sloping improving or protecting the beds banks and flood plain for dram - age parkway and other recrea- tional use except on property , previously platted in accordance with permit or approval of the City Property dedicated in ac cot dance with this subdivision may to the extent stated in the terms and conditions of the spe- cial permit be used to meet de- nsity requirements floor area ratio ground floor area ratio and yard requirements bi No building permit or spe-, tial permit shall be issued which will mcrease the height of flood, waters by more than 0 5 feet j (c) No building permit or spe- cial permit shall be issued which would result in the placement of nonrecreational permanent buildings in areas unfitdo44 human usage by reason of danger from flooding unsanitary condi- tions or other hazaids The let el - — of the lowest floor waruui g basement shall not be at an eley - tion less than the flood protection, elevation except that a commer tial or industrial building nia)fbel constructed below the flood pro/ Lection elevation when it flood -proofed to either dile FP -Rt FP -2 classifications as defined 4.in the State Budding Code, (d) No building permit or spe- cial permit shall be authorized which would result," lAnd uses incbmpauble with( km detnmen tal to the prgtesfip -;of Surface and ground water supplies or which would increase danger to life or property No building per- mit or speictal permit shall be au- thorized for a use which would provide private sanitary sewer or pi wale sanitary water supplies All public utilities and facilities Such as gas electrical sewer and water supply systems to be lo cated in the Flood Plain shall be designed and constructed in a manner to eliminate potential damage from flooding and result- ing pollution of surface waters or sanitary water supplies (e) No building permit or, spe- cial permit shall be authorized for structures which will increase the financial burdens imposed on the community and its individu- creas r floods and Ig) No building permit or spe- cial permit shall be authorized until the City has provided the Commissioner of the State De- partment of Natural Resources at least ten days written notice of the application t hi Prior to the issuing of any building permit or special pei mit in the F-1 or F-2 District the Zon ing Administrator shall ceitifv that the applicant has obtaineil dll necessary state and federal permits and that all conditions of said permits have been satisfied I t) No outside storage shall be permitted in the F-2 District ex- cept for street operable, self- propelled vehicles in parking Tots which parking shall be prohibited during flooding, storage tanks for fuel chemical, and similar pro- ducts which are anchored to pre- vent flotation, and all openings and vents provided to said tanks shall be located above the flood protection elevation (l) No motor home mobile home travel trailer, or similar living unit not placed upon a permanent foundation in accor- dance with all of the conditions of Section 14-123(2) of this ordi- nance, shall be parked or placed in the F-2 District (k) Residential structures shall be elevated on fill to the flood pro- tection elevation and said eleva- tion shall extend out beyond the structure in all directions a minimum of 15 feet Fill shall be compacted and slopes shall be protected by rip rap or a vegeta- tive covering to maintain proper slopes Slopes shall not exceed a 3 to 1 ratio When commercial and industrial structures are elevated on fill the fill need not extend out beyond the exterior walls of the structure when it can be demon- strated that the fill is properly stabilized and not subject to washing or erosion by flood wat- ers Commercial and industrial structures that are not elevated on fill may be floodproofed to the FP -1 or FP -2 classifications as defined in the State Building Code Structures floodproofed to the FP -3 or FP -4 classifications shall not be permitted Section 14-123 10013) Referral to Innehaha Creek Watershed District No special permit shall be issued 3rproperty in the F -I or F-2 District ,ithin 200 feet of the boundaries of the -1 District unless the applicant, in upport of the application shall sub- ut engineering data site plans and ther plans and information as the ity may require in order to deter - line the effects of such development 1 bed, bank channel, floodway or oodplam of the creek The applicant all submit four copies of the appli- ition and the information One copy ial I be sent by the City to the Secret- ry of the Minnehaha Creek ,atershed District The District shall le its comments and recommenda ons with the City within 45 days -ter receipt of the information unless dittonal time is authorized by the ity Section 2 This ordinance shall be fective fifteen days after its publi- tion Adopted by the City Council June 5 78 Is) IRVING M STERN Mayor TTEST i EARL E HANSON ity Clerk Reviewed for administration is) JOHN W ELWELL ' City Manager pproved as to form and legality I WAYNE G POPHAM ity Attorney (June 14 1978)—SLP file No Affidavit of Publication ST. LOUISPARKSUN St. Louis Park, Minnesota In The Matter Of