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HomeMy WebLinkAbout2016/08/03 - ADMIN - Agenda Packets - Planning Commission - RegularAGENDA PLANNING COMMISSION COUNCIL CHAMBERS 6:00 P.M. AUGUST 3, 2016 1. Call to order – Roll Call 2. Approval of Minutes of July 20, 2016 3. Hearings A. Rezoning from High Density Multifamily Residence to Office Location: 8001 State Highway 7 Applicant: 8001 Highway Seven, LLC Case No.: 16-29-Z B. Plat Revision and Major Amendment to Planned Unit Development Location: 7905 Wayzata Blvd. - Arlington Row Apartments West Applicant: Melrose Company Case No.: 16-31-S, 16-33-PUD C. Major Amendment to Planned Unit Development Location: 7705 Wayzata Blvd. – Arlington Row Apartments East Applicant: Melrose Company Case No.: 16-32-PUD 4. Other Business 5. Communications 6. Adjournment STUDY SESSION 1. Floodplain District Zoning Map and Floodplain Ordinance Amendments 2. Proposed Zoning Text Amendments for Fences 3. Gardens Discussion If you cannot attend the meeting, please call the Community Development Office, 952/924-2575. Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call 952/928-2840 at least 96 hours in advance of meeting. UNOFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA JULY 20, 2016 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Lisa Peilen, Richard Person, Carl Robertson, Joe Tatalovich, Ethan Rickert (youth member) MEMBERS ABSENT: Claudia Johnston-Madison, Torrey Kanne STAFF PRESENT: Sean Walther, Nicole Mardell, Jennifer Monson, Gary Morrison 1. Call to Order – Roll Call Vice Chair Peilen called the meeting to order. 2. Approval of Minutes of June 15, 2016 Commissioner Carper made a motion approving the minutes of June 15, 2016. Commissioner Person seconded the motion, and the motion passed on a vote of 3- 0-2 (Peilen and Robertson abstained). 3. Public Hearings A. Parkway 25 Preliminary and Final PUD; Preliminary and Final Plat Location: 4001 and 4025 State Highway 7 Applicant: Sela Group, LLC Case No.: 16-13-S and 16-14-PUD Nicole Mardell, Associate Planner, presented the staff report. She explained the proposal for redevelopment of the former Vescio’s restaurant and ValuStay Inn site is to demolish the existing buildings, combine the properties, and develop a 5- story, mixed-use building with 111 residential units, 8,500 sq. ft. of commercial space, and parking located in two surface lots and in an underground parking ramp. Commissioner Carper asked about sidewalks and the alley. Ms. Mardell responded that there will be sidewalk on Glenhurst, along the frontage road, and along the interior parking lots. She said the alley is currently unimproved. The applicant will be responsible for widening and paving the alley. Unofficial Minutes Planning Commission July 20, 2016 Page 2 Vice Chair Peilen asked how a resident with underground parking would exit the site. Ms. Mardell responded the exit would be up the ramp, through the south parking lot and onto Glenhurst. She added that the alley exit is for additional circulation if the parking lot is full. Vice Chair Peilen said at the present time there is only a stop sign at Glenhurst. She asked if the city had plans for that intersection as there will be two developments in the vicinity. Sean Walther, Planning and Zoning Supervisor, noted that a traffic study was completed for the development. Operations at Glenhurst Ave S and the frontage road are expected to have a Level of Service A. The study relied on counts predating the closing of the Hwy. 7 bridge over Highway 100, and includes the Shoreham Development and the proposed development in the models. Dean Dovolis, applicant, DJR Architects, provided an overview of the proposed development. They hope to start construction in spring 2017. In response to Commissioner Carper’s questions, Mr. Dovolis discussed solar panels, green roof, LED lighting, resident gardens, parking lot surface, and on- street parking. Paz Sela, owner, spoke briefly about parking. The Vice Chair opened the public hearing. As no one was present wishing to speak she closed the public hearing. Commissioner Robertson stated it is a nice project. He thanked DJR Architecture for consistently bringing very thoughtful designs to St. Louis Park. Commissioner Robertson made a motion recommending approval of the Preliminary and Final Planned Unit Development and Preliminary and Final Plat. Commissioner Tatalovich seconded the motion, and the motion passed on a vote of 5-0. Unofficial Minutes Planning Commission July 20, 2016 Page 3 B. 10 West Preliminary and Final PUD; Preliminary and Final Plat Location: 1601 Utica Ave. S. Applicant: The Excelsior Group and Ryan Companies Case No.: 16-25-S and 16-26-PUD Nicole Mardell, Associate Planner, presented the staff report. The PUD request is to allow construction of an 11-story Class A office tower. The building is the fourth phase of the Central Park West PUD. The plat request is to subdivide the existing Outlot A into two additions, one for the proposed North Tower and one for a future South Tower. Commissioner Robertson asked for follow-up on the two concerns raised at the neighborhood meeting. Ms. Mardell responded that the applicant suggested incorporation of a Travel Demand Management (TDM) plan and different measures, such as bike facilities, to decrease the amount of traffic onto Lilac Dr. in Golden Valley. The TDM plan will probably be produced before the first City Council meeting on this matter. Sean Walther, Planning and Zoning Supervisor, noted that as part of its approvals for the Central Park West PUD, the Golden Valley city council did require additional improvements that will be constructed later this summer. That includes expansion of a roadway underpass underneath Hwy. 100 that will allow for a trail along the south side of that area. There will also be a 3-way stop and right and left dedicated turn lanes on the Wayzata Blvd on east side of Hwy. 100. Ms. Mardell said the applicant is working with iHeartMedia Corp. to address concerns about disruption of radio signal transmission. Tony Barranco, Ryan Companies, thanked the Commission for their input at the study session. He discussed LEED certification, stormwater management and control and storm water reuse, rain gardens, and irrigation friendly landscaping. He spoke about the TDM plan. He spoke about how wellness has been incorporated into the building design. He said when 10 West End is built it will not create any interference with iHeart Media radio signal transmission, based on the tower orientation at the 1550 building. There may be some potential signal interruption when 20 West End, the second phase office building, is built. Commissioner Carper asked if there would be any exterior eating spaces. Mr. Barranco said there will be an elevated patio area with outdoor café seating sections on the south side of Central Park West. There will also be some additional tables in the lobby. Unofficial Minutes Planning Commission July 20, 2016 Page 4 In response to Commissioner Robertson’s question about potential tenants Mr. Barranco said marketing feedback has been very good. They hope to have an anchor tenant in 60-90 days. Vice Chair Peilen opened the public hearing. As no one was present wishing to speak she closed the public hearing. Commissioner Carper said it is an excellent project and he appreciates the applicant taking time to meet with the Commission in a study session. Commissioner Carper made a motion to recommend approval of the Preliminary and Final Planned Unit Development and Preliminary and Final Plat. Commissioner Person seconded the motion, and the motion passed on a 5-0 vote. C. Meadowbrook Manor Clubhouse – Conditional Use Permit Location: 6922-6932 Meadowbrook Blvd. Applicant: Sambetek, Inc. Case No.: 16-24-CUP Jennifer Monson, Planner, stated the request is for a conditional use permit for construction of a clubhouse, swimming pool, ten surface parking spaces, detention pond, and significant landscape additions. The construction will require demolition of the existing six-unit townhome building. She explained that the complex was originally constructed prior to the conditional use permit requirement and it has been a legal non-conforming development within the city. The request for a CUP will bring the overall property closer to compliance with current zoning standards. Commissioner Robertson commented that the 7 a.m. weekend construction start time is earlier than code allows. Commissioner Carper asked if there was a pass-through trail on the property. Ms. Monson said the trail access along Minnehaha Creek will continue. Commissioner Person asked if the streets within the complex are private. Ms. Monson replied that they are city streets and are maintained by the city. Eric Miller, Sambetek, said their intent is to comply with the city’s ordinance on construction hours. He answered questions about the storm sewer system. Unofficial Minutes Planning Commission July 20, 2016 Page 5 Commissioner Carper asked if there were any dog walking areas. He asked if there was any space for resident garden plots. Mr. Miller said the site is fairly open with ample space for dog walking. Ted Bigos, owner, said there are no existing garden plots and no plans for them. He said there has been no demand for them. Vice Chair Peilen opened the public hearing. No one was present to speak and she closed the public hearing. Sean Walther, Planning and Zoning Supervisor, stated that weekend construction start time is 9 a.m. Commissioner Robertson made a motion recommending approval of the Conditional Use Permit with an amendment to weekend construction start time. Commissioner Carper seconded the motion, and the motion passed on a vote of 5- 0. D. Zoning Ordinance Amendment pertaining to Fences, Sheds and Signs Applicant: City of St. Louis Park Case No.: 16-28-ZA Gary Morrison, Assistant Zoning Administrator, presented the staff report. He explained the amendment proposes to establish and clarify materials that can be used to construct a fence; update the maximum size accessory building that can be constructed without a building permit; increase the size maximum allowed for signs in the R-4 Multiple-Family Residence district; and decrease the minimum setback required for signs at schools, community centers, libraries, religious institutions, and other similar uses. Commissioner Robertson spoke about the requirement that the finished side of a fence must face neighboring properties. He said the exception to that where it looks unsightly is a wood frame fence with chain link on it. He said he’d like to see a way to address that situation. Commissioner Carper said he was concerned about some fence materials which are excluded such as bamboo and reed. If maintained properly and replaced regularly those materials can be aesthetically pleasing. He discussed a pole type of fence. He said he wasn’t sure about the definition of a rigid plastic fence or if flexible material was not considered acceptable. Unofficial Minutes Planning Commission July 20, 2016 Page 6 Mr. Morrison said he had included language such as “other naturally decay resistant wood” for alternative materials. Bamboo would hopefully fall into that category. He said he wasn’t sure about reed. He said maintenance is obviously an issue. The zoning ordinance comes into play when a fence becomes structurally unsound. He said he wasn’t sure what the commissioner meant by a pole fence. He said proposed language was to differentiate rigid plastic fences from snow fences. Commissioner Tatalovich asked why there is a minimum gage requirement on chain link fences. Mr. Morrison said that was for structural integrity and safety. Vice Chair Peilen opened the public hearing. No one was present to speak and she closed the public hearing. Commissioner Carper stated he was uncomfortable with proposed wording regarding exceptions to materials. He said he wasn’t confident that enforcement would be consistent. Commissioners discussed tabling the fence portion of the ordinance for further discussion. Commissioner Robertson made a motion to recommend approval of the Zoning Ordinance amendment pertaining to sheds and signs; and to table the fence portion for further discussion. Commissioner Tatalovich seconded the motion, and the motion passed on a vote of 5-0. Commissioner Carper stated he would like to discuss hedge height as part of the fence discussion. E. Temporary Health Care Dwellings – Zoning Ordinance Amendment Applicant: City of St. Louis Park Case No.: 16-27-ZA Gary Morrison, Assistant Zoning Administrator, presented the staff report. He explained the amendment and background which would declare the city’s decision to opt-out of Minnesota Statutes Section 462.3593 Temporary Health Care Dwellings. Commissioner Robertson commented that the intent of the law is excellent but the execution falls short and he agrees whole-heartedly to opt out. Unofficial Minutes Planning Commission July 20, 2016 Page 7 Vice Chair Peilen opened the hearing. As no one was present wishing to speak she closed the public hearing. Commissioner Carper made a motion recommending approval of the Zoning Ordinance Amendment to opt-out of Minnesota Statutes Section 462.3593 which defines and regulates Temporary Family Health Care Dwellings. Commissioner Person seconded the motion and the motion passed on a vote of 5-0. 4. Other Business Mr. Walther discussed the option of electronic agenda packets which are available on the city’s website. Commissioner Carper requested that staff initiate a study session discussion on the desirability of gardens being mandated as a part of DORA in apartment applications in the future. He said it might be feasible to reduce the DORA requirement if gardens are provided. He said gardens are in demand in the community with the interest in sustainable living. Mr. Walther suggested that the Commissioners could discuss that idea at a future study session. 5. Adjournment The meeting was adjourned at 8:12 p.m. Respectfully submitted, Nancy Sells Recording Secretary Planning Commission Meeting Date: August 3, 2016 Agenda Item 3A 3A. Rezoning from R-C High-Density Multiple-Family to O Office Case No.: 16-29-Z Location: 8001 State Highway 7 Applicant: 8001 Highway Seven LLC (Steven Thiel) Recommended Action: Chair to close public hearing. Motion to recommend approval of the application to rezone 8001 State Highway 7 from R-C High-Density Multiple-Family Residential to O Office. REQUEST: The applicant is the owner of the office building located at the subject property. He applied to rezone the property to Office for the purpose of increasing the amount of signage the property is allowed. The property is currently zoned R-C High-Density Multiple-Family Residence, and as such is allowed only 80 square feet of sign area. If the property is rezoned to Office, it would be allowed 200 square feet of sign area. LOCATION: The property is located on the frontage road along the south side of Highway 7. Agenda Item No. 3A. Rezoning, 8001 State Highway 7 Page 2 Meeting Date: August 3, 2016 BACKGROUND: Comprehensive Plan Land Use Designation: Office Zoning District: R-C High-Density Multiple-Family Current Land Use: Office Neighborhood: South Oak Hill Recodification: In 1992, the city completed a recodification of the city code. One of the changes resulting from the recodification was elimination of the R-B Residential-Business zoning district. This district allowed a variety of commercial, office, and multiple-family residential uses. The R- B district was replaced with the R-C High-Density Multiple-Family zoning district, which is a multiple-family district, and does not allow commercial uses or new office uses. Due to the change in zoning districts, the zoning map was also amended. The subject property was previously zoned R-B, and was changed to R-C. Zoning Map Pre-1992 Zoning Map Effective 1992 Existing Conditions: The subject property is located on the south side of Highway 7. It is improved with a one-story, 6,400 square foot, multi-tenant office building that was constructed in 1989. View of subject property looking south from Highway 7/Texas Ave intersection. Agenda Item No. 3A. Rezoning, 8001 State Highway 7 Page 3 Meeting Date: August 3, 2016 ANALYSIS: The following is an analysis of the rezoning request. Comprehensive Plan: The property is currently guided Office, so the comprehensive plan land use map does not need to be amended prior to rezoning the property to Office. The proposed zoning is consistent with the planned land use. Area Zoning: The zoning map below reflects the current zoning in the area. The property to the west is the Prince of Peace Evangelical Lutheran Church, and is zoned R-C. The properties to the south and east are single-family homes zoned R-2 Single-Family Residential. The property to the north is the Knollwood Mall, which is zoned C-2 General Commercial. Rezoning the subject property would result in the only property in the area zoned Office, however, the office use is consistent with the existing use of the property which has been in place since 1987, and is compatible with the General Commercial and Institutional use located to the north and west. The site is suitable for office development. It has excellent access and visibility to principal arterials (Hwy 7), nearby amenities and services. Agenda Item No. 3A. Rezoning, 8001 State Highway 7 Page 4 Meeting Date: August 3, 2016 Permitted Uses: The table below illustrates the uses allowed in each district. The uses are either permitted, permitted with conditions, or conditional use. R-C High-Density Multiple-Family Residence Allowed in Both Districts O Office Permitted Uses: Hotel/motel Permitted uses: Rooming house Adult daycare Business trade school Office, existing before March 1, 1999 Hospital Printing process Group home Educational academic Studio Transit station Group care/nursery school Service Communication towers Banks Permitted with Conditions: Transit station Nursing home Library Permitted w/ Conditions: Community center Medical/dental office < or = classification 6 Multiple-family dwelling Convention hall Cluster housing Private entertainment w/o liquor Adult daycare Restaurant w/o liquor Group care/nursery school Retail Educational Parking lots/ramps Library Limited impact sexually oriented business Communication tower High impact sexually oriented business Office < or = classification 6 Conditional Use: Adult daycare Religious institution Group daycare/nursery school Hostel Hospital Elderly housing Library Hospital Museum Hotel/motel Conditional Use: Motor fuel station Places of assembly In-vehicle sales & service Private entertainment w/ liquor Restaurant w/ liquor Office > classification 6 Medical/dental > classification 6 Agenda Item No. 3A. Rezoning, 8001 State Highway 7 Page 5 Meeting Date: August 3, 2016 District Dimensional Standards: The table below compares the dimensional standards allowed in both the R-C and O districts. Dimensional Standard R-C - High-Density Multiple-Family Residence O - Office Height Six-stories, 75 feet 150 feet, 240 feet with CUP Density 50 units per acre N/A Front Yard Greater of 30 feet or height of building Greater of 20 feet or height of building Side Yard 15 feet on one side, half the building height on the other 15 feet on one side, half the building height on the other Rear Yard Greater of 25 feet or height of the building 15 feet Floor Area Ratio 1.2 (31,798 square feet) 1.5 (39,747 square feet) While both districts allow multiple-story buildings and 50 units per acre density, the development potential of the property is limited by its small size. The property is only 26,498 square feet in area, just over half an acre. While the applicant is not intending to redevelop the property, it is conceivable that in either zoning district, the property could support a two-story building. Anything larger would be difficult to meet zoning regulations such as setbacks, DORA, landscaping, and parking. Signage: The applicant is proposing to rezone the property to Office for the purpose of constructing a monument sign that will increase the tenant’s visibility and exposure to traffic on Highway 7. Modifications to the building are not proposed at this time. Below is a comparison of signage allowed for the R-C and O districts. The regulations applicable to the subject property are highlighted in yellow for the existing and proposed zoning district. Use District &Lot Size (sq ft) Maximum Sign Height (feet) Maximum Total Area (sq ft) Maximum Size of Sign Face (sq ft) R-C 0 - 20,000 15 40 40 Over 20,000 15 80 60 O 0 - 20,000 25 100 100 20,000 - 50,000 25 200 100 50,000 - 100,000 25 300 150 Over 100,000 25 500 300 Agenda Item No. 3A. Rezoning, 8001 State Highway 7 Page 6 Meeting Date: August 3, 2016 The rezoning to Office, would result in an increase of signage allowed from 80 square feet to 200 square feet. The increase is a measure of sign face area. This means that since the property owner wants to construct a two-sided monument sign, then both sides of the sign count toward the 200 square feet maximum allowed. The property has used up the 80 square feet of sign face area currently allowed. If rezoned to Office, the applicant would get an additional 120 square feet of signage (200 square feet minus the existing 80 square feet located on the building). The largest two-sided monument sign that could be built with the remaining 120 square feet is 60 square feet per side. This sign is in scale with the existing office building and other signs in the area. RECOMMENDATION: Staff recommends approval of the requested rezoning from R-C High-Density Multiple-Family Residence to O Office. Attachments: Aerial Photo Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Sean Walther, Planning and Zoning Supervisor Agenda Item No. 3A. Rezoning, 8001 State Highway 7 Page 7 Meeting Date: August 3, 2016 AERIAL PHOTO: Texas Avenue SITE North Planning Commission Meeting Date: August 3, 2016 Agenda Item 3B 3B. Arlington Row West Plat Revision and Major PUD Amendment Case No.: 16-31-S, 16-33-PUD Location: 7905 Wayzata Blvd Applicant: Robert Cunningham, Melrose Company LLC Recommended Action:  Close public hearing  Motion to recommend approval of the revision to the Arlington Row West Plat to revise the legal description and modify the plat north boundary line, subject to the conditions recommended by Staff.  Motion to recommend approval of the Major Amendment to the Arlington Row West PUD to allow solar panel installations above a carport, subject to the conditions recommended by Staff. Description of Request: Melrose Company is requesting a Major Amendment to their PUD for both Arlington Row East and Arlington Row West to add solar installations to be located above carports in the parking lots of both sites. Melrose Company is also requesting a revision to the Plat for Arlington Row West to correct a surveyor error in the previously approved plat. This report is regarding the request for the Major Amendment to the PUD and Plat revision for Arlington Row West, located at 7905 Wayzata Blvd (SW Corner Wayzata Blvd & Texas Ave). See the map below for the exact location. Agenda Item No. 3B Plat & PUD Amendment Arlington Row West Page 2 Meeting Date: August 3, 2016 Background: Comprehensive Plan: Arlington Row West – Medium Density Residential Zoning: Arlington Row West - PUD 3 Neighborhood: Westwood Hills Background: In November 2015 the City Council approved a Comprehensive Plan Amendment, Plat and PUD ordinance amendment for the Arlington Row Apartments West (Phase I) site to allow two, three- story apartment buildings with 17 units in each building (34 units total). The Arlington Row Apartments East (Phase II) PUD and Plat was approved in March 2016 to allow one three-story apartment building with 27 units. In December 2015, the Metropolitan Council awarded the Arlington Row development (both Arlington Row West & East) a $581,000 Livable Communities Demonstration Account (LCDA) grant to be used for grant for stormwater, geothermal and solar/energy efficiency. As the developer made an application to register the title in anticipation of recording the approved plats two issues with the plat were discovered. First, the legal description that has been historically used for the Arlington Row West property was found to be ambiguous. As a result, the surveyor could not accurately pinpoint the exact location of the south eastern boundary line and thus could not place the corner markers required to register both the title and plat. A new, more specific, legal description for the plat has been written and the developer has made an application to the Hennepin County District Court for approval. This proceeding is pending. Once approved by the County the title and plat can be executed and recorded with the new legal description. The developer anticipates this proceeding to be complete by the end of August and is requesting the City approve the new Final Plat with the new legal description. The second issue, and reason for the requested Final Plat Major Amendment, is that the initial surveyor made an error in drawing the initial Arlington Row West Plat boundary lines. The surveyor drew the north boundary line too far north and included a portion of the right of way in the plat that technically belongs to the city. As a result, the developer is requesting the city approve a revised plat that moves the north property line an average of 10-11 feet south (the shift ranges from 3-25 feet), which decreases the building setback to the north property line. See the attached Lot Line Change Exhibit. The developer is also requesting a major amendment to the PUD for both Arlington Row West and Arlington Row East to incorporate solar panels. During the PUD and Plat process it was anticipated that solar panels would be incorporated into the development. An LCDA grant was awarded for this project, a portion of which is to be used for solar. Initially it was thought the panels would be placed on the building. The developer is proposing instead to install solar panels on top of carport structures that would be located within the parking lots of both sites. Agenda Item No. 3B Plat & PUD Amendment Arlington Row West Page 3 Meeting Date: August 3, 2016 The proposed site modifications result in greater than a 10 percent change of the total site area, and other previously approved standards, thus the Zoning Code considers the requested change to be a Major Amendment. Revised Plat Analysis: Description The developer is requesting the city approve an amended Final Plat with a new legal description and a revised north property line for Arlington Row West. Utility Easement The area that was removed from the plat was preserved as a utility easement that accommodated existing utilities in the area. It is actually part of the city’s right-of-way along Wayzata Blvd and the revised plat will correct this. The revised plat provides a 10-foot drainage and utility easement along the north side of the site as required by code. The remaining easements along the east, west and south property lines are the same as previously approved. Zoning Comparison The shifted boundary line decreases the building setback from the north property line, and lot area, and percentage of DORA. It increases the density, floor area ratio and ground floor area ratio. This request does not change the buildings or parking lots design or placement (i.e. the building design has not changed and they will be built the same distance from the existing streets-Texas Ave and Wayzata Blvd). The following table shows the comparison of the affected requirements and outlines what is permitted, was approved and is proposed. Factor Required Approved Proposed Met? Use Multiple- Family Residential Multiple-Family Residential Multiple-Family Residential Yes Building Setbacks None with a PUD North building min: 26.4 ft from north property line, 38.4 ft from West, 19 ft. from east; South building min.: 15 ft from east, 15 ft from south North building min: 13.7 ft from north property line, 38.4 ft from West, 19 ft. from east; South building min.: 15 ft from east, 15 ft from south Yes Lot Area Min 2 acres, less with approval 1.396 acres; City Council indicated this size was acceptable 2/2/15 1.316 acres (Together with Arlington Row East 2.23 acres) ? Density 30 units per acre in RM-Medium Density Residential 24 units per acre 26 units per acre Yes Floor Area Ratio None with PUD 0.52 0.55 Yes Agenda Item No. 3B Plat & PUD Amendment Arlington Row West Page 4 Meeting Date: August 3, 2016 Ground Floor Area Ratio N/A 0.18 0.19 Yes DORA 7,305 sf (12% gross lot area) 7,350 sf (13.7% gross lot area) 7,015 sf (12.2 % gross of new lot area) Yes *Revised, proposed numbers are in bold The above changes are minimal and do not affect the placement or design of the previously approved buildings and parking lot. The minimum lot area is smaller than the Council originally approved. However, staff does not believe this affects the project as a whole. Arlington Row West and Arlington Row East have been considered one project with two phases, and together the project area is 2.23 acres. PUD Solar Analysis: Melrose Company is requesting approval of a 40kw solar powered electrical installation that will be constructed above a carport structure located on the western portion of the parking lot (see the attached site plan). The structure will be constructed of galvanized steel secured by concrete piers and, in addition to housing the solar panels, it will shelter 19 parking stalls. A solar study was conducted and the location of the carport was selected to minimize shading and maximize solar capacity. The solar plan is attached. The solar installation was designed to generate at least 40kw of power. While actual energy generation is dependent on weather, shading, etc., it is anticipated that this system will generate an average of 54-55 kilowatt hours of power. This power source will be hooked up to the main meter in the building. As the power is generated it will be used on site. When the power use on site is less than or equal to the amount being generated by the solar panels, the electric meter will stop using or slow down the amount of power generated from Xcel. Any excess in power generated will create a credit. Per the Zoning Code, these carport structures are considered an accessory structure. Below is an analysis of the code requirements affected by this proposal. Factor Required Proposed Met? Setbacks None with a PUD 46 ft from west property line, 7 feet from south Yes Height None with PUD 14 feet Yes Parking Off Street Parking - 52 52 stalls (unchanged from previous approval) Yes Landscaping See landscaping section Yes Setbacks: The approved PUD Ordinance for Arlington Row does not specify setbacks for accessory structures but in residential zoning districts accessory structures are typically permitted to be located up to 2 feet from property lines in the backyard. The plan provides setbacks of 46 feet from the west property line, and 7 feet from the south property line and 148 feet from the east property line. These setbacks were measured from the outer edge of the solar panels that overhang the posts. The proposed setbacks are greater than the typical 2 feet. Agenda Item No. 3B Plat & PUD Amendment Arlington Row West Page 5 Meeting Date: August 3, 2016 Height: The zoning code allows accessory structures to be up to 15 feet in height. To maximize the amount of solar energy generated, the canopy holding the panels will likely lie flat instead tilted at a 10 degree slope as indicated on the plans. Thus the high point of the solar panels is proposed to be approximately 12 feet (14 would be the maximum if the canopy is sloped). The low point will be approximately 8-9 feet, providing ample room for vehicles underneath. Parking: The Arlington Row West approved parking plan provided 52 spaces. The amount of parking spaces remains unchanged at 52 spaces. Landscaping: To accommodate the solar carport structure, the developer has proposed eliminating one parking island which was located under the structure. The tree and shrubs from this island have been moved to other locations on site. In addition, the developer is proposing to move some of the trees located along the west side of the parking lot to minimize the amount of shading on the solar panels. The shading can be seen on the attached Solar Study. These trees have been added farther away on the western portion of the site, mixed in with the existing trees that are being saved. The amount of landscaping proposed is the same as was previously approved which included 34 trees and 178 shrubs with a total of 131 caliper inches. Staff believes the proposed changes are in keeping with the intent of the ordinance. Staff finds the above changes to be reasonable and do not affect the placement of the previously approved building and parking lot. The proposed solar carport structures will add the amenity of covered parking for residents and the solar installations satisfy the following objectives of the PUD zoning district:  Promote higher standards of site and building design.  More creative and efficient use of land.  Promote environmental sustainability in the development of land and building operations.  The use of on-site renewable energy is encouraged. Public Input: A neighborhood meeting was held July 26th, 2016. Two residents attended the meeting to get more information on the revisions to the plat and the proposed solar installations. The plans were well received. Proposed Text Changes to the PUD Ordinance: *** (a) Development Plan *** 26. Solar Canopy Schematics 27. Solar Study *** (c) Accessory Uses (6) Solar Panels as regulated by this Chapter. a. Rooftop or building mounted systems 1. Roof or building mounted solar systems shall not exceed the maximum allowed height in the PUD zoning district. b. Ground or accessory structure mounted solar systems Agenda Item No. 3B Plat & PUD Amendment Arlington Row West Page 6 Meeting Date: August 3, 2016 1. The height of a ground or accessory structure mounted solar system, measured when oriented at maximum design tilt, shall not exceed 15 feet. 2. Ground or accessory structure mounted solar systems shall have a minimum setback of 7 feet from the south property line, 46 feet from the west property line and shall be subject to the principal building setbacks along the north and east property lines. Recommendation: Staff recommends approval of the Major Amendment to the Arlington Row West Plat to revise the legal description and modify the plat north boundary line, subject to the following conditions: 1. Prior to the City signing and releasing the final plat to the developer for filing with Hennepin County: a. The developer shall submit proof to the city that the title and new legal description has been confirmed by Hennepin County. Staff recommends approval of a PUD major amendment to the Arlington Row West PUD 3 to allow solar panel installations above a carport, subject to the following condition: 1. Prior to issuance of building permits, the applicant and property owner shall sign the revised Official Exhibits. Attachments: Lot Line Change Exhibit Revised Plat Site Plan Landscape Plan Solar Study Solar Carport Schematics Solar Renderings Prepared by: Julie Grove, Economic Development Specialist Reviewed by: Sean Walther, Planning and Zoning Supervisor Planning Commission Meeting Date: August 3, 2016 Agenda Item 3C 3C. Arlington Row East Major PUD Amendment Case No.: 16-32-PUD Location: 7705 Wayzata Blvd Applicant: Robert Cunningham, Melrose Company LLC Recommended Action:  Close Public Hearing.  Motion to recommend approval of the Major Amendment to the Arlington Row East Planned Unit Development (PUD) to allow solar panel installations above carports, subject to the conditions recommended by Staff. Description of Request: Melrose Company is requesting a Major Amendment to their PUD for both Arlington Row East and Arlington Row West to add solar installations to be located above carports in the parking lots of both sites. Melrose Company is also requesting a revision to the Plat for Arlington Row West to correct a surveyor error in the previously approved plat. This report is regarding the request for the Major Amendment to the PUD for Arlington Row East, located at 7705 Wayzata Blvd (north of 13th Lane). See the map below for the exact location. Agenda Item No. 3C Major PUD Amendment Arlington Row East Page 2 Meeting Date: August 3, 2016 Background: Comprehensive Plan: Arlington Row East – Medium Density Residential Zoning: Arlington Row East - PUD 5 Neighborhood: Pennsylvania Park Background: In November 2015 the City Council approved a Comprehensive Plan Amendment, Plat and PUD ordinance amendment for the Arlington Row Apartments West (Phase I) site to allow two, three- story apartment buildings with 17 units in each building (34 units total). The Arlington Row Apartments East (Phase II) PUD and Plat were approved in March 2016 to allow one three-story apartment building with 27 units. In December 2015, the Metropolitan Council awarded the entire Arlington Row development (both Arlington Row West & East) a $581,000 Livable Communities Demonstration Account (LCDA) grant to be used for grant for stormwater, geothermal and solar. The developer is now requesting a major amendment to the PUD for Arlington Row East to incorporate solar panels. During the PUD and Plat process it was anticipated that solar panels would be incorporated into the development utilizing the LCDA grant. Initially it was thought that the panels would be placed on the building. However, the developer is proposing to install solar panels on top of carport structures that would be located within the parking lots of both sites. The proposed site modifications result in greater than a 10 percent change to other previously approved standards, thus the Zoning Code considers the requested change to be a Major Amendment. PUD Solar Analysis: Melrose Company is requesting approval of a 40kw solar powered electrical installation that will be constructed above two carport structures over the eastern portion of the parking lot (see the attached site plan). The structure will be constructed of galvanized steel secured by concrete piers and in addition to housing the solar panels, it will shelter 18 parking stalls. A solar study was conducted and the locations of the carports were selected to minimize shading and maximize solar capacity. The solar plan is attached. The solar installation is designed to generate at least 40kw of power. While actual energy generation is dependent on weather, shading, etc., it is anticipated that this system will generate an average of 54-55 kilowatt hours of power. This power source will be hooked up to the main meter in the building. As the power is generated it will be used on site. When the power use on site is less than or equal to the amount being generated by the solar panels, the electric meter will stop using or slow down the amount of power generated from Xcel. Any excess in power generated will create a credit. Agenda Item No. 3C Major PUD Amendment Arlington Row East Page 3 Meeting Date: August 3, 2016 Zoning Comparison Per the Zoning Code, these carport structures are considered an accessory structure. Below is an analysis of the code requirements affected by this proposal. Factor Required Proposed Met? Setbacks None with a PUD North carport: 8 ft from north property line, 5 feet from east South carport min.: 5 ft from east, 46 ft from south Yes Height None with PUD 14 feet Yes Parking Off Street Parking - 43 43 stalls (unchanged from previous approval) Yes Landscaping See landscaping section Yes Setbacks: The approved PUD Ordinance for Arlington Row does not specify setbacks for accessory structures but in residential zoning districts accessory structures are typically permitted to be located up to 2 feet from property lines in the backyard. The subject site is a through lot with streets on both the north and south sides of the lot. For purposes of this PUD, staff has determined the north side, adjacent to Wayzata Blvd, to be the backyard. The plan provides setbacks of 8 feet from the north property line (this is just over the curb of the parking lot), 5 feet from the east property line and 46 feet from the south property line. These setbacks were measured from the outer edge of the solar panels that overhang the posts. Height: The zoning code allows accessory structures in residential districts to be up to 15 feet in height. To maximize the amount of solar energy generated, the canopy holding the panels will be tilted at a 10 degree slope facing south as indicated on the plans. Thus the high point of the solar panels is proposed to be approximately 14 feet. The low point will be approximately 8-9 feet, providing ample room for vehicles underneath. Parking: The Arlington Row East approved parking plan provided 43 spaces. The amount of parking spaces remains the same (43 spaces). However, some of the parking spaces have been shifted and adjusted to fit in the columns for the carport structure. Two spaces were changed to compact spaces. The Zoning Code allows up to 20 percent of the required spaces to be compact. Thus the parking changes conform to code requirements. Landscaping: The developer has proposed some modifications to the landscape plan. To accommodate the solar carport structure, the developer has proposed eliminating one parking island which was located under the structure. The tree and shrubs from this island have been moved to other locations on site. In addition, the developer is proposing to move some of the trees located along the south and east side of the parking lot to minimize the amount of shading on the solar panels. The shading from these trees can be seen on the attached Solar Study. These trees have been added along the eastern property line next to the outdoor open space. Trees have also been added along 13th Lane and Wayzata Boulevard. The amount of landscaping proposed is the same as was previously approved which included 27 trees and 169 shrubs with a total of 69 caliper inches. Staff believes the proposed changes are in keeping with the intent of the ordinance. Agenda Item No. 3C Major PUD Amendment Arlington Row East Page 4 Meeting Date: August 3, 2016 Staff finds the above changes to be reasonable and do not affect the placement of the previously approved building and parking lot. The proposed solar carport structures will add the amenity of covered parking for residents and the solar installations satisfy the following objectives of the PUD zoning district:  Promote higher standards of site and building design.  More creative and efficient use of land.  Promote environmental sustainability in the development of land and building operations.  The use of on-site renewable energy is encouraged. Public Input: A neighborhood meeting was held July 26th, 2016. Two residents attended the meeting to get more information on the revisions to the plat for Arlington Row West and the proposed solar installations on both sites. The plans were well received. Proposed Text Changes to the PUD Ordinance: *** (a) Development Plan *** 23. Solar Canopy Details 24. Solar Study *** (c) Accessory Uses 6) Solar Panels as regulated by this Chapter. a. Rooftop or building mounted systems i. Roof or building mounted solar systems shall not exceed the maximum allowed height in the PUD zoning district. b. Ground or accessory structure mounted solar systems 1. The height of a ground or accessory structure mounted solar system, measured when oriented at maximum design tilt, shall not exceed 15 feet. 2. Ground or accessory structure mounted solar systems shall have a minimum setback of 8 feet from the north property line, 5 feet from the east property line, 46 feet from the south property line and shall be subject to the principal building setbacks along west property line. Recommendation: Staff recommends approval of a PUD major amendment to the Arlington Row East PUD 5 to allow solar panel installations above a carport, subject to the following condition: 1. Prior to issuance of building permits, the applicant and property owner shall sign the revised Official Exhibits. Attachments: Site Plan Landscape Plan Solar Study Agenda Item No. 3C Major PUD Amendment Arlington Row East Page 5 Meeting Date: August 3, 2016 Solar Carport Schematics Solar Renderings Prepared by: Julie Grove, Economic Development Specialist Reviewed by: Sean Walther, Planning and Zoning Supervisor Planning Commission Meeting Date: August 3, 2016 Study Session EXECUTIVE SUMMARY Title Zoning Ordinance Amendment – Floodplain Districts Case No.: 16-34-ZA Recommended Action: No formal action requested at this time SUMMARY: The Federal Emergency Management Agency (FEMA) contacted the City of St. Louis Park on May 4, 2016 with a Letter of Final Determination (LFD) to inform the Mayor and City Council that the city’s Floodplain Ordinance must be amended to comply with new and updated Federal regulations with regards to the National Flood Insurance Program no later than November 4, 2016. The Minnesota Department of Natural Resources NFIP coordinator followed up with the city on May 12, 2016 stating that the city’s floodplain ordinance currently does not comply with the new federal regulations, and provided a newly updated model floodplain ordinance created by MNDNR for the city to use and modify as needed. The new model floodplain ordinance is intended as a guide for communities across Minnesota, and can be adapted by individual communities to best suit their needs. Staff has prepared a Floodplain Ordinance draft by modifying the DNR model ordinance to reflect the floodplain regulations St. Louis Park has historically enforced, while at the same time incorporating the language required by FEMA and the DNR. The Floodplain District Ordinance draft was submitted to the DNR on July 19, 2016 for their review. The DNR contacted Mayor Spano and city staff on July 25, 2016 stating that the ordinance was conditionally approved with two minor additions including a definition and standards for recreational vehicles. Staff has amended the model ordinance to incorporate these two items. The final draft is presented for your review and comment. No floodplain district policy changes are suggested at this time. Provided are two copies of the ordinance. First is a clean copy of the proposed new ordinance. The second is the redline version of the DNR model ordinance showing changes. Black text is in both the model ordinance and the existing ordinance. The wording of the black text may not be exactly the same, but the overall intent of these sections are echoed in both ordinances. Blue text is required by the DNR. Orange text is optional but was either included in the existing ordinance or added clarification to the ordinance. Red strikethrough text is language that was in the model ordinance but is either located in other parts of the city’s Zoning Ordinance or has been replaced with language pulled from the existing Floodplain District Ordinance. Red underlined text was added Agenda Item No 3B. – Zoning Ordinance Amendment – Floodplain Ordinance Page 2 Meeting Date: June 15, 2016 from the existing Floodplain District Ordinance to provide additional regulations, clarifications, or specificity. In order to meet the November 4, 2016 adoption deadline, the Floodplain District Ordinance will be formally presented to the Planning Commission on August 17, 2016 for a public hearing and a recommendation. The city would be ineligible to remain in the Flood Insurance Program if the ordinance is not adopted by November 4, 2016. Attachments: Federal Emergency Management Agency: Letter of Final Determination dated May 4, 2016 MN Department of Natural Resources Letter dated May 12, 2016 MN Department of Natural Resources Letter of Conditional State Approval dated July 25, 2016 Prepared by: Jennifer Monson, Planner Reviewed by: Sean Walther, Planning and Zoning Supervisor DIVISION 10. FLOODPLAIN DISTRICTS Sec. 36-291. Statutory 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 flood losses. Therefore, the City Council of St. Louis Park, Minnesota, does ordain as follows. (a) Purpose: (1) This ordinance regulates development in the flood hazard areas of St. Louis Park. 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. (2) 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. Sec. 36-292. General provisions (a) How to Use This Ordinance: This ordinance adopts the floodplain maps applicable to the City of St. Louis Park and includes three floodplain districts: Floodway, Flood Fringe, and General Floodplain. (1) 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) 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. (b) Lands to Which Ordinance Applies: This ordinance applies to all lands within the jurisdiction of St. Louis Park 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. (1) 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. (c) 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 office of the Zoning Administrator. Effective Flood Insurance Rate Map panels: 27053C0331F 27053C0332F 27053C0334F 27053C0342F 27053C0351F 27053C0352F 27053C0353F 27053C0354F 27053C0361F 27053C0362F (d) 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. (e) Interpretation: The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map. (1) While this map shows the approximate locations of the boundaries of the floodway, flood fringe, and general floodplain districts, the final location shall be determined by a topographic map, in comparison to the 100- year flood elevation and other applicable hydraulic modeling data. (2) 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. (f) 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. (g) 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 the City of St. Louis Park or its officers or employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. (h) No stage increase permitted. No structure, fill, deposit, obstruction or storage of materials or equipment shall be allowed in any floodway, or general floodplain district which will cause any increase in the stage of the 100-year flood or will cause an increase in flood damages in the reaches affected. (i) Compensating storage. The city may approve such structure, fill, deposit, obstruction or storage of materials or equipment if it otherwise complies with the provisions of this chapter and provision is made for compensating storage of floodwaters displaced by the activity listed in this subsection (f). Such compensating storage shall be located where it will achieve the goal of eliminating a stage increase. Sec. 36-293. Definitions: Unless specifically defined below, words or phrases used in this ordinance must be interpreted according to common usage and so as to give this ordinance its most reasonable application. If any of the words defined are used elsewhere in this chapter, their meaning shall be those assigned by section 36-4. Base Flood Elevation means the elevation of the “regional flood.” The term “base flood elevation” is used in the flood insurance survey. Basement means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. Equal Degree of Encroachment means 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. Flood means 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. Flood Frequency means the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. Flood Fringe means 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. Flood Insurance Rate Map (FIRM) means an official map of a community, on which the Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. Flood Prone Area means any land susceptible to being inundated by water from any source (see “Flood”). Floodplain means the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. Floodproofing means a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. Floodway means 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. Lowest Floor means 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. New Construction means 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. Obstruction means 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. One Hundred Year Floodplain means lands inundated by the “Regional Flood” (see definition). Reach means 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. Regional Flood means 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. Regulatory Flood Protection Elevation (RFPE) means an elevation not less 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. Repetitive Loss means flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred. Special Flood Hazard Area means a term used for flood insurance purposes synonymous with “One Hundred Year Floodplain.” Start of Construction means includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the permit’s expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure means anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in Section 36-294(b)(1) of this ordinance and other similar items. Substantial Damage means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial Improvement means within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (2) 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. Sec. 36-294. Establishment of zoning districts. (a) Districts: (1) Floodway District (FW). 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 36-292(c). For lakes, wetlands and other basins within Zones 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. (2) Flood Fringe District (FF). The Flood Fringe District includes areas within Zones AE that have a floodway delineated on the Flood Insurance Rate Map adopted in Section 36-292(c), but are located outside of the floodway. For lakes, wetlands and other basins within Zones AE that do not have a floodway delineated, the Flood Fringe District also includes those areas below the 1% annual chance (100-year) flood elevation but above the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14. (3) General Floodplain District (GF). The General Floodplain District includes those areas within Zones A and AH that do not have a delineated floodway as shown on the Flood Insurance Rate Map adopted in Section 36-292(c). (b) 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. (c) Compliance: Provisions for compliance are as follows: (1) Recreational vehicles that do not meet the exemption criteria specified in Section 36- 294(b)(1)a below shall be subject to the provisions of this Ordinance and as specifically spelled out in Sections 36-294(b)(1)c below. a. Exemption - Recreational vehicles are exempt from the provisions of this Ordinance if they are placed in any of the areas listed in Section 36-294(b)(1)b below and further they meet the following criteria: 1. Have current licenses required for highway use. 2. Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks and the recreational vehicle has no permanent structural type additions attached to it. 3. The recreational vehicle and associated use must be permissible in any preexisting, underlying zoning use district. b. Areas Exempted For Placement of Recreational Vehicles: 1. Individual lots or parcels of record. 2. Existing commercial recreational vehicle parks or campgrounds. 3. Existing condominium type associations. c. Recreational vehicles exempted in Section 36-294(b)(1)a lose this exemption when development occurs on the parcel exceeding $500 for a structural addition to the recreational vehicle or exceeding $500 for an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/flood proofing requirements and the use of land restrictions specified in Section 36-294(c) & Section 36-294(d) of this Ordinance. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur. (2) Modifications, additions, structural alterations normal maintenance and repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this chapter. (d) Annexations: The Flood Insurance Rate Map panels adopted by reference into Section 36-292(c) above may include floodplain areas that lie outside of the corporate boundaries of the City of St. Louis Park at the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the City of St. Louis Park after the date of adoption of this ordinance, the newly annexed floodplain lands will be subject to the provisions of this ordinance immediately upon the date of annexation. Sec. 36-295 Floodway district (FW). Within the floodway district, all uses not listed as permitted uses or conditional uses shall be prohibited. No new structure or land shall hereafter be used and no structure shall be located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations which apply to u ses within the jurisdiction of this chapter. (a) Permitted Uses: The following uses, subject to the standards set forth in Section 36-295(b), are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district: (1) Outdoor plant nurseries, horticulture, forestry, sod farming, and wild crop harvesting. (2) Industrial-commercial loading areas, and parking areas. (3) Open space uses and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, fish hatcheries, fishing areas, and single or multiple purpose recreational trails. (4) Residential lawns, gardens, parking areas, and play areas. (5) 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. (b) Standards for Floodway Permitted Uses: (1) The use must have a low flood damage potential. (2) The use shall be permissible in the underlying zoning district. (3) 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) 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 (1% chance) flood. (c) Conditional Uses: The following uses shall require a conditional use permit following the standards and procedures set forth in Section 36-300(c) of this ordinance and further subject to the standards set forth in Section 36-295(d), if otherwise allowed in the underlying zoning district or any applicable overlay district. (1) Structures and parking lots accessory to the uses listed in Section 36-295(a)(1) - Section 36-295(a)(3), above and the uses listed in Section 36-295(c)(2) - Section 36-295(c)(3) below. (2) Docks, piers, wharves, and water control structures. (3) Placement of fill or construction of fences that obstruct flood flows. (4) Structural works for flood control such as levees, dikes and floodwalls, constructed to any height where the intent is to protect individual structures for a frequency flood event equal to or less than the 10-year frequency flood event. (d) Standards for Floodway Conditional Uses. The standards for floodway conditional uses are as follows (1) All Uses. A conditional use must not cause any increase in the stage of the 1% chance or regional flood or cause an increase in flood damages in the reach or reaches affected. (2) The conditional use shall be permissible in the underlying zoning district. (3) Fill; Storage of Materials and Equipment: a. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. b. Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan. c. Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the 1% percent chance or regional flood may only be allowed if the City Council has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available. (4) Accessory Structures. Accessory structures, as identified in Section 36-295(c)(1), may be permitted, provided that: a. Structures are not intended for human habitation; b. Structures will have a low flood damage potential; 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 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 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.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 . (5) 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. (6) Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. Sec. 36-296 Flood fringe district (FF). (a) Permitted Uses: Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in Section 36-296(b). (b) Standards for Flood Fringe Permitted Uses: (1) All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor, is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than the regulatory flood protection elevation and the fill shall extend at such elevation at least 15 feet beyond the outside limits of the structure erected thereon. (2) For all structures constructed after June 15, 1998, the lowest floor elevations shall be no lower than the regulatory flood protection elevation. For all structures existing on June 15, 1998, and additions to structures existing on June 15, 1998, the lowest floor shall be no lower than one foot below the regulatory flood protection elevation. (3) Accessory Structures. As an alternative to the fill requirements of Section 36-296(b)(1), structures accessory to the uses identified in Section 36-296(a). 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: 1. Adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls, 2. Constructed with materials resistant to flood damage, and 3. 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: 1. 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. (4) The cumulative placement of fill or similar material on a parcel must not exceed 400 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with Section 36-296(b)(1) of this ordinance, or if allowed as a conditional use under Section 36-296(c)(3) below. (5) The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation. (6) All service utilities, including ductwork, must be elevated or water-tight to prevent infiltration of floodwaters. (7) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (8) Compacted fill; protected slopes. Fill shall be properly compacted and the slopes shall be properly protected by the use of rip rap, vegetative cover or other acceptable methods. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multistructure or multilot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. (9) Vehicular access. All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation. (10) Commercial uses. Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities 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 (1% chance) flood. (11) Hydraulic capacity. Floodplain developments shall not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the official zoning map. (12) Manufacturing and industrial uses. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in subsection (b)(10) of this section. In considering permit applications, consideration shall be given to needs of an industry whose business requires that it be located in floodplain areas. (13) Anchoring. All manufactured homes 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. (c) Conditional Uses: The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in Section 36-300(c) of this ordinance. (1) Any structure that is not elevated on fill or floodproofed in accordance with Section 36-296(b)(1) and Section 36-296(b)(3) of this ordinance. (2) Storage of any material or equipment below the regulatory flood protection elevation. (3) The cumulative placement of more than 400 cubic yards of fill when the fill is not being used to elevate a structure in accordance with Section 36-296(b)(1) of this ordinance. (4) The use of methods to elevate structures above the regulatory flood protection elevation, including stilts, pilings, parallel walls, or above-grade, enclosed areas such as crawl spaces or tuck under garages, shall meet the standards in Section 36-296(d)(6). (d) Standards for Flood Fringe Conditional Uses: (1) The standards listed in Section 36-296(b)(5) through Section 36-296(b)(13) apply to all conditional uses. (2) Basements, as defined by Section 36-296 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 36-296(d)(3) of this ordinance. (3) 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. (4) The placement of more than 400 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 City Council. c. The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. (5) Storage of materials and equipment. a. The storage or processing of materials that are, in time of flooding, flammable, explosive or potentially injurious to human, animal or plant life is prohibited. b. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in a manner required by a plan approved by the city. (6) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. The base or floor of an enclosed area shall be considered above-grade and not a structure’s basement or lowest floor if: 1) the enclosed area is above-grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards: a. Design and Certification - The structure’s design and as-built condition must be certified by a registered professional engineer as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. b. Specific Standards for Above-grade, Enclosed Areas - Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: 1. The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and 2. That the enclosed area will be designed of flood resistant materials in accordance with the FP3 or FP4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. Sec. 36-297 General floodplain district (GF) (a) Permitted Uses: (1) The uses listed in Section 36-295(a) of this ordinance, Floodway District Permitted Uses, are permitted uses. (2) All other uses are subject to the floodway/flood fringe evaluation criteria specified in Section 36-297(b) below. Section 36-295 applies if the proposed use is determined to be in the Floodway District. Section 36- 296 applies if the proposed use is determined to be in the Flood Fringe District. (b) Procedures for Floodway and Flood Fringe Determinations: (1) Upon receipt of an application for a permit or other approval within the General Floodplain District, the applicant shall be required to furnish such information deemed necessary by the zoning administrator for the determination of the regulatory flood protection elevation and whether the proposed use is within the floodway or flood fringe district. This information may include the following: a. A plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; and the location and elevations of streets. b. The drainage area contributing to the waterbody and existing type and level of development in the drainage area. c. A typical valley cross-section(s) showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. d. Photographs showing existing land uses, vegetation upstream and downstream, and soil types. e. Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. (2) 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 Section 36-297(b)(3) below. (3) 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. (4) 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 Zoning Administrator may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the Zoning Administrator may approve or deny the application. (5) 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 36-295 and Section 36-296 of this ordinance. Sec. 36-298 Land development standards (a) In General: Recognizing that flood prone areas may exist outside of the designated floodplain districts, the requirements of this section apply to all land within the City of St. Louis Park. (b) Subdivisions: No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. (1) 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. (2) 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. (3) 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. (4) In the General Floodplain District, applicants must provide the information required in Section 36-295 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. (5) 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. (c) Building Sites. If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) must be: (1) 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; (2) Constructed with materials and utility equipment resistant to flood damage; (3) Constructed by methods and practices that minimize flood damage; and (4) 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. Sec. 36-299 Public utilities, railroads, roads, and bridges (a) 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 or elevated to the regulatory flood protection elevation. (b) Public Transportation Facilities: Railroad tracks, roads, and bridges to be located within the floodplain must comply with Section 36-295 and Section 36-296 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. (c) 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 and discharges from the systems into flood waters, they must not be subject to impairment or contamination during times of flooding, and are subject to the provisions in Minnesota Rules Chapter 7080.2270, as amended. Sec. 36-300 Administration (a) Zoning Administrator: A Zoning Administrator or other official designated by the City Council must administer and enforce this ordinance. (b) Permit Requirements: (1) Permit Required. A permit must be obtained from the Zoning Administrator prior to conducting the following activities: a. The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. 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. (2) 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 following as applicable: a. A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit. b. Location of fill or storage of materials in relation to the stream channel. c. Copies of any required municipal, county, state or federal permits or approvals. d. Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application. (3) 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. (4) 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. (5) 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. (6) 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). (7) 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. (c) Factors for Conditional Use Approval: (1) 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) 36-33 Conditional Use Permits (CUP) of the zoning ordinance. (2) The factors upon which the decision of the city council shall be based when considering conditional use applications are as follows: a. All relevant factors specified in other sections of this chapter. b. The danger to life and property due to increased flood heights or velocities caused by encroachments. c. The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. d. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. e. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. f. The importance of the services provided by the proposed facility to the community. g. The requirements of the facility for a waterfront location. h. The availability of alternative locations not subject to flooding for the proposed use. i. The compatibility of the proposed use with existing development and the development anticipated in the foreseeable future. j. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area. k. The safety of access to the property in times of flood for ordinary and emergency vehicles. l. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site. m. Such other factors which are relevant to the purposes of this division. (3) Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purpose of this Ordinance, the city council shall 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. Flood proofing measures, in accordance with the State Building Code and this Ordinance. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. (4) Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Administrator 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. (5) 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. Sec. 36-301 Nonconformities (a) 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 36-293 of this ordinance, are subject to the provisions of Section 36-301(1) through Section 36-301(6) of this ordinance. (1) A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its nonconformity, its flood damage potential or degree of obstruction to flood flows except as provided in Section 36-301(2) below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited. (2) 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., FP1 thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in Section 36-301(3) and Section 36-301(7) below. (3) The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the city's initial floodplain controls must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of this chapter for new structure. (4) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this ordinance. The Assessor must notify the Zoning Administrator in writing of instances of nonconformities that have been discontinued for a period of more than one year. (5) If any nonconformity is substantially damaged, as defined in Section 36-293 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 Section 36-295 or Section 36-296 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. (6) If any nonconforming use or structure experiences a repetitive loss, as defined in Section 36-293 of this ordinance, it must not be reconstructed except in conformity with the provisions of this ordinance. (7) Any substantial improvement, as defined in Section 36-293 of this ordinance, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of Section 36-295 or Section 36-296 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District. Sec. 36-302 Penalties and enforcement (a) 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. (b) Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: (1) In responding to a suspected Ordinance violation, the Zoning Administrator and Local Government 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 Community 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. (2) When an Ordinance violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources' and Federal Emergency Management Agency Regional Office along with the Community's plan of action to correct the violation to the degree possible. (3) The Zoning Administrator shall notify the suspected party of the requirements of this Ordinance and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the Community. If the construction or development is already completed, then the Zoning Administrator may either: (1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or (2) notify the responsible party to apply for an after- the-fact permit/development approval within a specified period of time not to exceed 30-days. (4) If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this Ordinance and shall be prosecuted accordingly. The Zoning Administrator shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this Ordinance. Sec. 36-303 Amendments (a) 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. (b) 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 approve the amendment prior to community approval. (c) 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 36-292(c) 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 St Louis Park This _____ of _______, _____ (Day) (Month) (Year) Attest: _________________________ , Mayor (Name of Elected Official) Attest: __________________________, City Clerk (Name of Community Official) Stamp with Community Seal: DIVISION 10. FLOODPLAIN DISTRICTS SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE Sec. 36-291. Statutory 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 flood losses. Therefore, the (Governing Body) City Council of St. Louis Park, Minnesota, does ordain as follows. 1.2(a) Purpose: 1.21(1) This ordinance regulates development in the flood hazard areas of St. Louis Park. 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(2) 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. SECTION 2.0Sec. 36-292. General provisions 2.1(a) How to Use This Ordinance: This ordinance adopts the floodplain maps applicable to the City of St. Louis Park and includes three floodplain districts: Floodway, Flood Fringe, and General Floodplain. 2.11(1) 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(2) 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(b) Lands to Which Ordinance Applies: This ordinance applies to all lands within the jurisdiction of St. Louis Park 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(1) 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(c) 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 office of the Zoning Administrator.(list location where maps will be filed – i.e., City Clerk’s office). Effective Flood Insurance Rate Map panels: 27053C0331F 27053C0332F 27053C0334F 27053C0342F 27053C0351F 27053C0352F 27053C0353F 27053C0354F 27053C0361F 27053C0362F 2.4(d) Regulatory Flood Protection Elevation: The regulatory flood protection elevation (RFPE) is an elevation no lower than two feet one foot 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(e) Interpretation: The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map. 2.51(1) While this map shows the approximate locations of the boundaries of the floodway, flood fringe, and general floodplain districts, the final location shall be determined by a topographic map, in comparison to the 100-year flood elevation and other applicable hydraulic modeling data.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(2) 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(f) 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(g) 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 the City of St. Louis Park or its officers or employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. (h) No stage increase permitted. No structure, fill, deposit, obstruction or storage of materials or equipment shall be allowed in any floodway, or general floodplain district which will cause any increase in the stage of the 100-year flood or will cause an increase in flood damages in the reaches affected. (i) Compensating storage. The city may approve such structure, fill, deposit, obstruction or storage of materials or equipment if it otherwise complies with the provisions of this chapter and provision is made for compensating storage of floodwaters displaced by the activity listed in this subsection (f). Such compensating storage shall be located where it will achieve the goal of eliminating a stage increase. 2.8 Severability: If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of law, the remainder of this ordinance shall not be affected and shall remain in full force. Unless specifically defined below, words or phrases used in this ordinance must be interpreted according to common usage and so as to give this ordinance its most reasonable application. If any of the words defined are used elsewhere in this chapter, their meaning shall be those assigned by section 36-4. 2.911 Accessory Use or Structure – a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. 2.913 BBasement means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. 2.914 Conditional Use – a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: 2.918 Farm Fence – A fence as defined by Minn. Statutes Section 344.02, Subd. 1(a)-(d). An open type fence of posts and wire is not considered to be a structure under this ordinance. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this ordinance. 2.920 Flood Frequency – means the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. 2.921 Flood Fringe – means the portion of the Special Flood Hazard Area (one percent annual chance flood) the floodway. Flood fringe is synonymous with the term “floodway fringe” used in the Flood Insurance Study for Hennepin County, Minnesota. Flood Insurance Rate Map (FIRM) means an official map of a community, on which the Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. 2.922 Flood Prone Area – means any land susceptible to being inundated by water from any source (see “Flood”). 2.923 Floodplain – means 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 – means 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 – means 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 – means 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.” 2.929 Obstruction – means 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. 2.930 One Hundred Year Floodplain – means lands inundated by the “Regional Flood” (see definition). 2.931 Principal Use or Structure – all uses or structures that are not accessory uses or structures. 2.933 Recreational Vehicle 2.935 Regulatory Flood Protection Elevation (RFPE) means- an elevation not less than one foot 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. 2.936 Repetitive Loss means: F flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred. 2.937 Special Flood Hazard Area means– a term used for flood insurance purposes synonymous with “One Hundred Year Floodplain.” 2.938 Start of Construction – means includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the permit’s expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. 2.939 Structure - means anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in Section 36-294(b)(1) Section 9.22 of this ordinance and other 2.940 Substantial Damage - means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. 2.941 Substantial Improvement means- within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either: (a)(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (b)(2) 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 Annexations: The Flood Insurance Rate Map panels adopted by reference into Section 2.3 above may include floodplain areas that lie outside of the corporate boundaries of the City of St. Louis Park at the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the City of St. Louis Park after the date of adoption of this ordinance, the newly annexed floodplain lands will be subject to the provisions of this ordinance immediately upon the date of annexation. 3.1(a) Districts: 3.11(1) Floodway District (FW). 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.Section 36-292(c). For lakes, wetlands and other basins within Zones 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(2) Flood Fringe District (FF). The Flood Fringe District includes areas within Zones AE that have a floodway delineated on the Flood Insurance Rate Map adopted in Section 36-292(c)Section 2.3, but are located outside of the floodway. For lakes, wetlands and other basins within Zones AE that do not have a floodway delineated, the Flood Fringe District also includes those areas below the 1% 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(3) General Floodplain District (GF). The General Floodplain District includes those areas within Zones A and AH that do not have a delineated floodway as shown on the Flood Insurance Rate Map adopted in Section 36-292(c)Section 2.3. 3.2(b) 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. (c) Compliance: Provisions for compliance are as follows: (1) Recreational vehicles that do not meet the exemption criteria specified in Section 36- 294(b)(1)a below shall be subject to the provisions of this Ordinance and as specifically spelled out in Sections 36-294(b)(1)c below. a. Exemption - Recreational vehicles are exempt from the provisions of this Ordinance if they are placed in any of the areas listed in Section 36-294(b)(1)b below and further they meet the following criteria: 1. Have current licenses required for highway use. 2. Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks and the recreational vehicle has no permanent structural type additions attached to it. 3. The recreational vehicle and associated use must be permissible in any preexisting, underlying zoning use district. b. Areas Exempted For Placement of Recreational Vehicles: 1. Individual lots or parcels of record. 2. Existing commercial recreational vehicle parks or campgrounds. 3. Existing condominium type associations. c. Recreational vehicles exempted in Section 36-294(b)(1)a lose this exemption when development occurs on the parcel exceeding $500 for a structural addition to the recreational vehicle or exceeding $500 for an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/flood proofing requirements and the use of land restrictions specified in Section 36-294(c) & Section 36-294(d) of this Ordinance. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur. (2) Modifications, additions, structural alterations normal maintenance and repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this chapter. (d) Annexations: The Flood Insurance Rate Map panels adopted by reference into Section 36-292(c) above may include floodplain areas that lie outside of the corporate boundaries of the City of St. Louis Park at the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the City of St. Louis Park after the date of adoption of this ordinance, the newly annexed floodplain lands will be subject to the provisions of this ordinance immediately upon the date of annexation. 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 4.0Sec. 36-295 floodway Floodway district (FW). Within the floodway district, all uses not listed as permitted uses or conditional uses shall be prohibited. No new structure or land shall hereafter be used and no structure shall be located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations which apply to uses within the jurisdiction of this chapter. 4.1(a) Permitted Uses: The following uses, subject to the standards set forth in Section 4.236-295(b), are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district: 4.11(1) General farming, pasture, grazing, outdoor Outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. 4.12(2) Industrial-commercial loading areas, and parking areas, and airport landing strips. 4.13(3) 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 (4) Residential lawns, gardens, parking areas, and play areas. 4.15(5) 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(b) Standards for Floodway Permitted Uses: 4.21(1) The use must have a low flood damage potential. (2) The use shall be permissible in the underlying zoning district. 4.22(3) Tthe 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(4) 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 (1% chance) flood. 4.3(c) Conditional Uses: The following uses shall require a conditional use permit may be allowed as conditional uses following the standards and procedures set forth in Section 36-300(c) Section 10.4 of this ordinance and further subject to the standards set forth in Section 36-295(d), Section 4.4, if otherwise allowed in the underlying zoning district or any applicable overlay district. 4.31(1) Structures and parking lots accessory to the uses listed in Section 36-295(a)(1) - Section 36- 295(a)(3), 4.11 – 4.13 above and the uses listed in Section 36-295(c)(2) - Section 36-295(c)(3) 4.32 - 4.33 below. 4.32 Extraction and storage of sand, gravel, and other materials. 4.35(3) Placement of fill or construction of fences that obstruct flood flows. Farm fences, as defined in section 2.918, are permitted uses. 4.36 Travel-ready recreational vehicles meeting the exception standards in Section 9.3. 4.4(d) Standards for Floodway Conditional Uses. The standards for floodway conditional uses are as follows: 4.41(1) All Uses. A conditional use must not cause any increase in the stage of the 1% chance or regional flood or cause an increase in flood damages in the reach or reaches affected. (2) The conditional use shall be permissible in the underlying zoning district. 4.43(3) 3 Fill; Storage of Materials and Equipment: (a)a. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b)b. Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan. (c)c. Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the 1% percent chance or regional flood may only be allowed if the (Governing Body)City Council has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available. 4.43(4) Accessory Structures. Accessory structures, as identified in Section 4.3136-295(c)(1), may be permitted, provided that: (a)a. sStructures are not intended for human habitation; (b)b. sStructures will have a low flood damage potential; (c)c. sStructures will be constructed an placed so as to offer a minimal obstruction to the flow of flood waters; (d)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)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)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)1. 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)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) 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(6) Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. Sec. 36-296 SECTION 5.0 Fflood fringe district (FF). 5.1(a) Permitted Uses: Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in Section 36-296(b).Sections 5.2. If no pre-existing, underlying zoning districts exist, then any residential or nonresidential structure or use of a structure or land is a permitted use provided it does not constitute a public nuisance. (b)5.2 Standards for Flood Fringe Permitted Uses: (1)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. All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor, is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than the regulatory flood protection elevation and the fill shall extend at such elevation at least 15 feet beyond the outside limits of the structure erected thereon. (2) For all structures constructed after June 15, 1998, the lowest floor elevations shall be no lower than the regulatory flood protection elevation. For all structures existing on June 15, 1998, and additions to structures existing on June 15, 1998, the lowest floor shall be no lower than one foot below the regulatory flood protection elevation. 5.22(3) Accessory Structures. As an alternative to the fill requirements of Section 36-296(b)(1)section 5.21, structures accessory to the uses identified in Section 36-296(a). 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)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)b. All portions of floodproofed accessory structures below the Regulatory Flood Protection Elevation must be: (i)1. aAdequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls, (ii)2. be cConstructed with materials resistant to flood damage, and (iii)3. mMust have all service utilities be water-tight or elevated to above the regulatory flood elevation (c)c. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: (1)1. 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)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. 5.23(4) The cumulative placement of fill or similar material on a parcel must not exceed 1,000400 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with Section 5.21Section 36-296(b)(1) of this ordinance, or if allowed as a conditional use under Section 5.33Section 36-296(c)(3) below. 5.24(5) The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation. 5.25(6) All service utilities, including ductwork, must be elevated or water-tight to prevent infiltration of floodwaters. 5.26(7) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. 5.27(8) Compacted fill; protected slopes. Fill shall be properly compacted and the slopes shall be properly protected by the use of rip rap, vegetative cover or other acceptable methods. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multistructure or multilot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method. 5.28(9) Vehicular access. All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation. 5.29(10) Commercial uses. Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities 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 (1% chance) flood. (11) Hydraulic capacity. Floodplain developments shall not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the official zoning map. 5.30 (12) Manufacturing and industrial uses. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in subsection (b)(10) of this section. In considering permit applications, consideration shall be given to needs of an industry whose business requires that it be located in floodplain areas. Interference with normal manufacturing/industrial plant operations must be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location. (13) 5.31 Anchoring. All manufactured homes 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. Manufactured homes and recreational 5.3(c) Conditional Uses: The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in Section 36-300(c) Section 10.4 of this ordinance. 5.31(1) Any structure that is not elevated on fill or floodproofed in accordance with Section 36-296(b)(1) Sections 5.21 and Section 36-296(b)(3) 5.22 of this ordinance. 5.32(2) Storage of any material or equipment below the regulatory flood protection elevation. 5.33(3) The cumulative placement of more than 1,000 400 cubic yards of fill when the fill is not being used to elevate a structure in accordance with Section 36-296(b)(1) Section 5.21 of this ordinance. 5.34(4) (OPTIONAL) The use of methods to elevate structures above the regulatory flood protection elevation, including stilts, pilings, parallel walls, or above-grade, enclosed areas such as crawl spaces or tuck under garages, shall meet the standards in Section 36-296(d)(6)Section 5.46. 5.4(d) Standards for Flood Fringe Conditional Uses: 5.41(1) The standards listed in Section 36-296(b)(5) Sections 5.24 through Section 36-296(b)(13) 5.30 apply to all conditional uses. 5.42(2) Basements, as defined by Section 2.913 36-296 of this ordinance, are subject to the following: (a)a. Residential basement construction is not allowed below the regulatory flood protection elevation. (b)b. Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with Section 36-296(d)(3) Section 5.43 of this ordinance. (3)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(4) The placement of more than 400 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)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)b. ThThe plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the (Governing Body).City Council. c.(c) The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. 5.45(5) Storage of materials and equipment. 1a. The storage or processing of materials that are, in time of flooding, flammable, explosive or potentially injurious to human, animal or plant life is prohibited. 2b. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in a manner required by a plan approved by the city. 5.46(6) (OPTIONAL) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. The base or floor of an enclosed area shall be considered above-grade and not a structure’s basement or lowest floor if: 1) the enclosed area is above-grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards: (a)a. Design and Certification - The structure’s design and as-built condition must be certified by a registered professional engineer as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. (b)b. Specific Standards for Above-grade, Enclosed Areas - Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: (1)1. The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and (2)2. That the enclosed area will be designed of flood resistant materials in accordance with the FP3 or FP4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. Sec. 36-297 SECTION 6.0 Ggeneral floodplain district (GF) 6.1(a) Permitted Uses: 6.11(1) The uses listed in Section 36-295(a) Section 4.1 of this ordinance, Floodway District Permitted Uses, are permitted uses. 6.12(2) All other uses are subject to the floodway/flood fringe evaluation criteria specified in Section 36- 297(b) Section 6.2 below. Section 36-295 Section 4.0 applies if the proposed use is determined to be in the Floodway District. Section 36-296 Section 5.0 applies if the proposed use is determined to be in the Flood Fringe District. 6.2(b) Procedures for Floodway and Flood Fringe Determinations: 6.21(1) Upon receipt of an application for a permit or other approval within the General Floodplain District, the applicant shall be required to furnish such information deemed necessary by the zoning administrator for the determination of the regulatory flood protection elevation and whether the proposed use is within the floodway or flood fringe district. This information may include the following: the Zoning Administrator must obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state, or other source. a. A plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; and the location and elevations of streets. b. The drainage area contributing to the waterbody and existing type and level of development in the drainage area. c. A typical valley cross-section(s) showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. d. Photographs showing existing land uses, vegetation upstream and downstream, and soil types. e. Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. 6.22(2) 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 Section 36-297(b)(3) 6.23 below. 6.23(3) TThe determination of floodway and flood fringe must include the following components, as applicable: (a)a. Estimate the peak discharge of the regional (1% chance) flood. (b)b. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. (c)c. CCompute 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. (4)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 Zoning Administrator may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the Zoning Administrator may approve or deny the application. 6.25(5) 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 36- 295 Section 4.0 and Section 36-296 5.0 of this ordinance. Sec. 36-298 SECTION 7.0 Lland development standards 7.1(a) In General: Recognizing that flood prone areas may exist outside of the designated floodplain districts, the requirements of this section apply to all land within the City of St. Louis Park. 7.2(b) Subdivisions: No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this ordinance. 7.21(1) 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(2) 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 (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(3) 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 (4) In the General Floodplain District, applicants must provide the information required in Section 36- 295 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. 7.25(5) 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)a. All such proposals are consistent with the need to minimize flood damage within the flood prone (b)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)c. Adequate drainage is provided to reduce exposure of flood hazard. 7.3(c) Building Sites. If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) must be: (a)(1) 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)(2) Constructed with materials and utility equipment resistant to flood damage; (c)(3) Constructed by methods and practices that minimize flood damage; and (d)(4) 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. Sec. 36-299 SECTION 8.0 Ppublic utilities, railroads, roads, and bridges 8.1(a) 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 or elevated to the regulatory flood protection elevation. 8.2(b) Public Transportation Facilities: Railroad tracks, roads, and bridges to be located within the floodplain must comply with Section 36-295 Sections 4.0 and Section 36-296 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(c) 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 and discharges from the systems into flood waters, they must not be subject to impairment or contamination during times of flooding, and are subject to the provisions in Minnesota Rules Chapter 7080.2270, as amended. SECTION 9.0 MANUFACTURED HOMES, MANUFACTURED HOME PARKS, AND RECREATIONAL VEHICLES. 10.1(a) Zoning Administrator: A Zoning Administrator or other official designated by the (Governing Body) City Council must administer and enforce this ordinance. 10.2(b) Permit Requirements: 10.21(1) Permit Required. A permit must be obtained from the Zoning Administrator prior to conducting the following activities: (a)a. TThe erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion 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)b. The use or change of use of a building, structure, or land. (c)c. The construction of a dam, fence, or on-site septic system, although a permit is not required for a farm fence as defined in this ordinance.. (d)d. The change or extension of a nonconforming use. (e)e. The repair of a structure that has been damaged by flood, fire, tornado, or any other source. (f)f. The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain. (g)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. (a)a. A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit. (b) b. Location of fill or storage of materials in relation to the stream channel. (c)c. Copies of any required municipal, county, state or federal permits or approvals. (d)d. Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application. 10.23(3) 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(4) 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(5) 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(6) 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(7) 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: 10.41(1) 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) ______________ 36-33 Conditional Use Permits (CUP) of the zoning ordinance/code. (2) The factors upon which the decision of the city council shall be based when considering conditional use applications are as follows: a. All relevant factors specified in other sections of this chapter. b. The danger to life and property due to increased flood heights or velocities caused by encroachments. c. The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. d. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. e. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. f. The importance of the services provided by the proposed facility to the community. g. The requirements of the facility for a waterfront location. h. The availability of alternative locations not subject to flooding for the proposed use. i. The compatibility of the proposed use with existing development and the development anticipated in the foreseeable future. j. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area. k. The safety of access to the property in times of flood for ordinary and emergency vehicles. l. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site. m. Such other factors which are relevant to the purposes of this division. (3) Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purpose of this Ordinance, the city council shall 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. Flood proofing measures, in accordance with the State Building Code and this Ordinance. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. 10.42 Factors Used in Decision-Making. In passing upon conditional use applications, the (Governing Body) must consider all relevant factors specified in other sections of this ordinance, and those factors identified in Section 10.35 of this ordinance. 10.45(5) 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. Sec. 36-301 SECTION 11.0 Nnonconformities (a) 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 36-293 Section 2.941(b) of this ordinance, are subject to the provisions of Section 36-301(1) Sections 11.11 – 11.16through Section 36-301(6) of this ordinance. 11.11(1) A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its nonconformity, its flood damage potential or degree of obstruction to flood flows except as provided in Section 36-301(2) 11.12 below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited. 11.12(2) 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., FP1 thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in Section 36-301(3) 11.13 and Section 36-301(7) 11.17 below. 11.13(3) If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of any nonconforming structure, that shall be considered substantial improvement, and the entire structure must meet the standards 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, 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.The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the city's initial floodplain controls must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of this chapter for new structure. (4)11.14 If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this ordinance. The Assessor must notify the Zoning Administrator in writing of instances of nonconformities that have been discontinued for a period of more than one year. 11.15(5) If any nonconformity is substantially damaged, as defined in Section 36-293 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 Section 36-295 Sections 4.0 or Section 36-296 5.0 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. 11.16(6) If any nonconforming use or structure experiences a repetitive loss, as defined in Section 36-293 Section 2.936 of this ordinance, it must not be reconstructed except in conformity with the provisions of this ordinance. 11.17(7) Any substantial improvement, as defined in Section 36-293 Section 2.941 of this ordinance, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of Section 36-295 Section 4.0 or Section 36-296 5.0 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District. Sec. 36-302 SECTION 12.0 pPenalties and enforcement 12.1(a) 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 St. Louis Park 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. (1) In responding to a suspected Ordinance violation, the Zoning Administrator and Local Government 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 Community 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. (2) When an Ordinance violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources' and Federal Emergency Management Agency Regional Office along with the Community's plan of action to correct the violation to the degree possible. (3) The Zoning Administrator shall notify the suspected party of the requirements of this Ordinance and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the Community. If the construction or development is already completed, then the Zoning Administrator may either: (1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or (2) notify the responsible party to apply for an after- the-fact permit/development approval within a specified period of time not to exceed 30-days. (4) If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this Ordinance and shall be prosecuted accordingly. The Zoning Administrator shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this Ordinance. Sec. 36-303 SECTION 13.0 Aamendments 13.1(a) 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(b) 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 approve the amendment prior to community approval. 13.3(c) 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 36-292(c) 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 St Louis Park This _____ of _______, _____ (Day) (Month) (Year) Attest: _________________________ , Mayor (Name of Elected Official) Attest: __________________________, City Clerk (Name of Community Official) Stamp with Community Seal: CERTIFIED MAIL RETURN RECEIPT REQUESTED IN REPLY REFER TO: 19P-A May 4, 2016 The Honorable Jake Spano Mayor, City of St. Louis Park City Hall 5005 Minnetonka Boulevard St. Louis Park, Minnesota 55416 Community: City of St. Louis Park, Hennepin County, Minnesota Community No.: 270184 Map Panels Affected: See FIRM Index Dear Mayor Spano: This is to formally notify you of the final flood hazard determination for the City of St. Louis Park, Hennepin County, Minnesota, in compliance with Title 44, Chapter I, Part 67, Section 67.11, Code of Federal Regulations (CFR). This section requires that notice of final flood hazards shall be sent to the Chief Executive Officer of the community, all individual appellants, and the State Coordinating Agency, and shall be published in the Federal Register. On September 2, 2004, the Department of Homeland Security’s Federal Emergency Management Agency (FEMA) issued a Flood Insurance Rate Map (FIRM) that identified the Special Flood Hazard Areas (SFHAs), the areas that would be inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood), in your community. Recently, FEMA completed a re-evaluation of flood hazards in your community. On December 31, 2005, and August 17, 2012, FEMA provided you with Preliminary copies of the Flood Insurance Study (FIS) report and FIRM that identify existing flood hazards in your community, including Base Flood Elevations (BFEs). The proposed flood hazard determinations (FHDs) for your community were published in the Star Tribune on March 29, 2013, and April 5, 2013, and in the Federal Register, at Part 67, Volume 78, Page 8180, on February 5, 2013. The statutory 90-day appeal period, which was initiated on the second newspaper publication date cited above, has ended. The proposed FHDs for your community were appealed during that time. All technical data submitted in support of the appeal have been evaluated, and the appeal has been resolved. Therefore, the FHDs for your community are considered final. The final notice for FHDs will be published in the Federal Register as soon as possible. The FIRM for your community will become effective on November 4, 2016. Before the effective date, FEMA will send you final printed copies of the FIS report and FIRM. Because the FIS establishing the FHDs for your community has been completed, certain additional requirements must be met under Section 1361 of the National Flood Insurance Act of 1968, as amended, within 6 months from the date of this letter. Prior to November 4, 2016, your community is required, as a condition of continued eligibility in the National Flood Insurance Program (NFIP), to adopt or show evidence of adoption of floodplain management regulations that meet the standards of Paragraph 60.3(d) of the enclosed NFIP regulations (44 CFR 59, etc.) by the effective date of the FIRM. These standards are the minimum requirements and do not supersede any State or local requirements of a more stringent nature. It must be emphasized that all the standards specified in Paragraph 60.3(d) of the NFIP regulations must be enacted in a legally enforceable document. This includes adoption of the current effective FIS and FIRM 2 to which the regulations apply and other modifications made by this map revision. Some of the standards should already have been enacted by your community in order to establish initial eligibility in the NFIP. Your community can meet any additional requirements by taking one of the following actions: • Amending existing regulations to incorporate any additional requirements of Paragraph 60.3(d); • Adopting all the standards of Paragraph 60.3(d) into one new, comprehensive set of regulations; or • Showing evidence that regulations have previously been adopted that meet or exceed the minimum requirements of Paragraph 60.3(d). Communities that fail to enact the necessary floodplain management regulations will be suspended from participation in the NFIP and subject to the prohibitions contained in Section 202(a) of the Flood Disaster Protection Act of 1973 (Public Law 93-234) as amended. In addition to your community using the FIS to manage development in the floodplain, FEMA will use the FIS to establish appropriate flood insurance rates. On the effective date of the revised FIRM, actuarial rates for flood insurance will be charged for all new structures and substantial improvements to existing structures located in the identified Special Flood Hazard Areas, the areas subject to inundation by the base flood. These rates may be higher if structures are not built in compliance with the floodplain management standards of the NFIP. The actuarial flood insurance rates increase as the lowest elevations (including basement) of new structures decrease in relation to the BFEs established for your community. This is an important consideration for new construction because building at a higher elevation can greatly reduce the cost of flood insurance. To assist your community in maintaining the FIRM, we have enclosed a Summary of Map Actions to document previous Letter of Map Change (LOMC) actions (i.e., Letters of Map Amendment, Letters of Map Revision) that will be superseded when the revised FIRM panels referenced above become effective. Information on LOMCs is presented in the following four categories: (1) LOMCs for which results have been included on the revised FIRM panels; (2) LOMCs for which results could not be shown on the revised FIRM panels because of scale limitations or because the LOMC issued had determined that the lots or structures involved were outside the SFHA as shown on the FIRM; (3) LOMCs for which results have not been included on the revised FIRM panels because the flood hazard information on which the original determinations were based are being superseded by new flood hazard information; and (4) LOMCs issued for multiple lots or structures where the determination for one or more of the lots or structures cannot be revalidated through an administrative process like the LOMCs in Category 2 above. LOMCs in Category 2 will be revalidated through a single letter that reaffirms the validity of a previously issued LOMC; the letter will be sent to your community shortly before the effective date of the revised FIRM and will become effective 1 day after the revised FIRM becomes effective. For the LOMCs listed in Category 4, we will review the data previously submitted for the LOMA or LOMR request and issue a new determination for the affected properties after the revised FIRM becomes effective. The FIRM and FIS report for your community have been prepared in our countywide format, which means that flood hazard information for all jurisdictions within Hennepin County has been combined into one FIRM and FIS report. When the FIRM and FIS report are printed and distributed, your community will receive only those panels that present flood hazard information for your community. We will provide complete sets of the FIRM panels to county officials, where they will be available for review by your community. The FIRM panels have been computer-generated. Once the FIRM and FIS report are printed and 3 distributed, the digital files containing the flood hazard data for the entire county can be provided to your community for use in a computer mapping system. These files can be used in conjunction with other thematic data for floodplain management purposes, insurance purchase and rating requirements, and many other planning applications. Copies of the digital files or paper copies of the FIRM panels may be obtained by calling our FEMA Map Information eXchange (FMIX), toll free, at 1-877-FEMA-MAP (1- 877-336-2627). In addition, your community may be eligible for additional credits under our Community Rating System if you implement your activities using digital mapping files. If your community is encountering difficulties in enacting the necessary floodplain management measures required to continue participation in the NFIP, we urge you to call the Director, Federal Insurance and Mitigation Division of FEMA in Chicago, Illinois, at (312) 408-5500 for assistance. If you have any questions concerning mapping issues in general or the enclosed Summary of Map Actions, please call our FEMA Map Information eXchange (FMIX), toll free, at 1-877-FEMA-MAP (1-877-336-2627). Additional information and resources your community may find helpful regarding the NFIP and floodplain management, such as The National Flood Insurance Program Code of Federal Regulations, Answers to Questions About the National Flood Insurance Program, Frequently Asked Questions Regarding the Effects that Revised Flood Hazards have on Existing Structure, Use of Flood Insurance Study (FIS) Data as Available Data, and National Flood Insurance Program Elevation Certificate and Instructions, can be found on our website at http://www.floodmaps.fema.gov/lfd. Paper copies of these documents may also be obtained by calling our FMIX. Sincerely, Luis Rodriguez, P.E., Chief Engineering Management Branch Federal Insurance and Mitigation Administration Enclosure: Final Summary of Map Actions cc: Community Map Repository Kevin Locke, Community Development Director, City of St. Louis Park FINAL SUMMARY OF MAP ACTIONS Community: SOMA-2 Community No: 270184 ST. LOUIS PARK, CITY OF To assist your community in maintaining the Flood Insurance Rate Map (FIRM), we have summarized below the previously issued Letter of Map Change (LOMC) actions (i.e., Letters of Map Revision (LOMRs) and Letters of Map Amendment (LOMAs)) that will be affected when the revised FIRM becomes effective on November 4, 2016. 1. LOMCs Incorporated The modifications effected by the LOMCs listed below will be reflected on the revised FIRM. In addition, these LOMCs will remain in effect until the revised FIRM becomes effective. New Panel Old Panel Project Identifier Date Issued Case No. LOMC LOMR 14-05-2615P 2013 Edina Morningside LOMR 27053C0362E 27053C0362F 12/29/2014 2. LOMCs Not Incorporated The modifications effected by the LOMCs listed below will not be reflected on the revised FIRM panels because of scale limitations or because the LOMC issued had determined that the lot(s) or structure(s) involved were outside the Special Flood Hazard Area, as shown on the FIRM. These LOMCs will remain in effect until the revised FIRM becomes effective. These LOMCs will be revalidated free of charge 1 day after the revised FIRM becomes effective through a single revalidation letter that reaffirms the validity of the previous LOMCs. LOMC Case No. Date Issued Project Identifier Old Panel New Panel LOMA 199100591FIA 27053C0361E 2630 ALABAMA AVE SO. 27053C0334F 06/24/1983 LOMA 92-05-081B Apt. Ownership No. 20 2701840005B 27053C0353F 03/17/1992 LOMA 93-05-400A PARK POINTE APARTMENTS 2701840005B 27053C0353F 03/11/1993 LOMA 93-05-850A BROOKSIDE SECOND DIVISION 2701840005B 27053C0361F 10/21/1993 LOMR-F 93-05-846A WESTWOOD HOMES 2701840005B 27053C0353F 12/10/1993 LOMR-F 94-05-198A LOT 2-39, BLOCK 1 - WESTWOOD TOWNHOUSES 2701840005B 27053C0354F 12/29/1993 LOMA 199400151R05 Unknown 27053C0361F 2701840005B 05/06/1994 LOMA 199400227R05 Unknown 2701840005B 27053C0361F 07/05/1994 Page 1 of 8 4/21/2016 FINAL SUMMARY OF MAP ACTIONS Community: SOMA-2 Community No: 270184 ST. LOUIS PARK, CITY OF LOMC Case No. Date Issued Project Identifier Old Panel New Panel LOMA 95-05-850A 3151 HILLSBORO AVENUE, SOUTH 2701840005B 27053C0334F 07/05/1995 LOMA 95-05-2002A 2827 AGUILA AVENUE SOUTH 2701840005B 27053C0334F 08/25/1995 LOMR-F 95-05-2668A LOTS 1-101, BLOCK 1 - SUNGATE ADDITION 2701840005B 27053C0353F 02/05/1996 LOMA 96-05-3414A LOTS 2 & 3, BLOCK 1 - WEST LYNN 2ND ADDITION 2701840005B 27053C0334F 12/02/1996 LOMA 97-05-3944A MINNEHANA GABLES - LOT 12, BLOCK 1, 2ND ADDITION - 3231 FLAG AVENUE 2701840005B 27053C0334F 11/10/1997 LOMA 97-05-5320A 4740 W. 27TH STREET 2701840005B 27053C0354F 12/03/1997 LOMA 98-05-3068A BROOKSIDE SECOND DIVISION - LOT 2, BLOCK 3 - 6224 MEADOWBROOK BOULEVARD 2701840005B 27053C0361F 06/03/1998 LOMA 98-05-5486A MINNEHAHA GABLES, 2ND ADDITION - LOT 15, BLOCK 1 - 3301 FLAG AVENUE SOUTH 2701840005B 27053C0334F 09/25/1998 LOMR-F 98-05-4868A OTTERLEI ADDITION, LOT 2, BLOCK 1 - 6900 OXFORD STREET 2701840005B 27053C0361F 12/16/1998 LOMA 99-05-2420A CEDARWOOD SECOND ADDITION, BLOCK 6, LOTS 1 & 2 - 2524 MONTEREY AVENUE SOUTH 2701840005B 27053C0354F 05/05/1999 LOMA 99-05-3846A BROOKSIDE ADD 2, BLOCK 2 - LOT 8 - 4265 MEADOWBROOK BLVD 2701840005B 27053C0361F 05/12/1999 LOMA 00-05-5862A BROOKSIDE, LOT 4, BLOCK 4 - 5642 WOOD LANE/4341 YOSEMITE AVE. S 2701840005B 27053C0361F 09/21/2000 LOMA 00-05-5394A 2170 CEDAR LAKE ROAD 2701840005B 27053C0353F 11/28/2000 LOMA 01-05-0730A 3224 GETTYSBURG AVE., S. (LOT 7, BL. 1, MINNEHAHA GABLES, 2ND ADDITION) 2701840005B 27053C0334F 02/21/2001 LOMA 01-05-586A BLOCK 6, LOT 4, CEDARWOOD 2ND ADDITION; 2510 MONTEREY AVENUE SOUTH 2701840005B 27053C0354F 04/13/2001 LOMA 02-05-0432A LOT 7, BLOCK 2, BROOKSIDE SECOND DIVISION--4255 MEADOWBROOK BLVD. 2701840005B 27053C0361F 11/30/2001 LOMA 02-05-2920A 3295 HILLSBORO AVENUE SOUTH 2701840005B 27053C0334F 08/28/2002 LOMA 02-05-3911A LOTS 5 AND 6, WEST LYNNSUBDIVISION--8630 WEST 29TH STREET 2701840005B 27053C0334F 12/11/2002 Page 2 of 8 4/21/2016 FINAL SUMMARY OF MAP ACTIONS Community: SOMA-2 Community No: 270184 ST. LOUIS PARK, CITY OF LOMC Case No. Date Issued Project Identifier Old Panel New Panel LOMA 03-05-4140A LOTS 18 & 19, BLOCK 2, JOHN A. JOHNSON'S ADDITION--6301 WAYZATA BLVD. 2701840005B 27053C0351F 09/18/2003 LOMA 03-05-4680A 7448 WEST 16TH STREET 2701840005B 27053C0353F 09/25/2003 LOMA 03-05-4634A LOT 1, BLOCK 1, ASPENWOOD--2357 PARKWOODS ROAD 2701840005B 27053C0354F 10/14/2003 LOMA 03-05-2644A LOTS 8, 9, 17 & 18, BLOCK 3, BARRETT'S ADDN. TO MINNEAPOLIS--2745 NATCHEZ AVE. S 2701840005B 27053C0354F 11/17/2003 LOMA 04-05-4054A LOT 2, BLOCK 1, LAMPLIGHTER PARK TOWNHOMES--7607 WEST 14TH STREET 27053C0334E 27053C0334F 11/24/2004 LOMA 05-05-0585A WEST LYNN SUBDIV, LOT 3 -- 8600 WEST 29TH STREET 27053C0334E 27053C0334F 12/06/2004 LOMR-F 05-05-0695A WOLFE LAKE PROFESSIONAL CENTER, BLOCK 1, LOT 1 -- 5000 & 5040 WEST 36TH STREET 27053C0354E 27053C0354F 12/16/2004 LOMR-F 05-05-0760A VERNON OAKS, BLOCK 1, LOT 2 -- 2559 VERNON AVENUE 27053C0353E 27053C0353F 02/01/2005 LOMA 05-05-0617A TRACTS A AND B, REGISTERED SURVEY NO. 217--3430 SUNSET RIDGE ROAD 27053C0334E 27053C0334F 02/02/2005 LOMA 05-05-1523A ISENSEE'S ADDITION, BLOCK 1, LOT 3 -- 3310 HILLSBORO AVENUE SOUTH 27053C0334E 27053C0334F 03/16/2005 LOMA 05-05-1285A MINIKAHDA OAKS, BLOCK 2, LOT 11 -- 3336 HUNTINGTON AVENUE SOUTH 27053C0354E 27053C0354F 03/16/2005 LOMA 05-05-1276A ARETZ 4TH ADDITION, BLOCK 2, LOT 12 -- 2466 GETTYSBURG AVENUE SOUTH 27053C0334E 27053C0334F 03/21/2005 LOMA 05-05-1235A ARETZ 4TH ADDITION, BLOCK 2, LOT 10 -- 2454 GETTYSBURG AVENUE SOUTH 27053C0334E 27053C0334F 05/12/2005 LOMA 05-05-3405A PRINCETON COURT TOWNHOMES 27053C0354E 27053C0354F 06/29/2005 LOMA 05-05-3630A MINIKAHDA OAKS SUBDIV, BLOCK 1, LOTS 3 & 4 -- 4121 RANDALL AVENUE SOUTH 27053C0354E 27053C0354F 07/19/2005 LOMA 05-05-3981A MINNEHAHA GABLES ANNEX, BLOCK 1, LOT 13 -- 3307 DECATUR LANE 27053C0334E 27053C0334F 08/11/2005 LOMR-F 05-05-2838A SUNGATE ADDITION, BLOCK 1, LOTS 1-100 27053C0353E 27053C0353F 08/18/2005 LOMA 05-05-4255A HILLSBORO OAKS SUBDIV, BLOCK 1, LOT 2 -- 3148 HILLSBORO AVENUE SOUTH 27053C0334E 27053C0334F 10/11/2005 Page 3 of 8 4/21/2016 FINAL SUMMARY OF MAP ACTIONS Community: SOMA-2 Community No: 270184 ST. LOUIS PARK, CITY OF LOMC Case No. Date Issued Project Identifier Old Panel New Panel LOMA 06-05-0103A PURE'S KNOLLWOOD ADDITION, BLOCK 1 , LOT 1 -- 8510 & 8530 STATE HIGHWAY NO. 7 27053C0342E 27053C0342F 11/22/2005 LOMA 06-05-0844A BROOKSIDE 2ND DIVISION, BLOCK 3, LOT 1 -- 6200 MEADOWBROOK BLVD 27053C0361E 27053C0361F 01/24/2006 LOMR-F 05-05-3593A HOMES OF VERNON OAKS SUBDIV 27053C0353E 27053C0353F 01/31/2006 LOMA 06-05-0995A CEDARWOOD 2ND ADDITION, BLOCK 1, LOT 12 -- 4320 WEST 25TH STREET 27053C0354E 27053C0354F 04/04/2006 LOMA 06-05-B743A Sungate ONe, BLOCK 1, LOT 1 -- 2559 ALABAMA AVENUE SOUTH (MN) 27053C0353E 27053C0353F 04/04/2006 LOMA 06-05-BC46A WEST LYNN 2ND ADDITION, BLOCK 1, LOT 4 -- 2801 AQUILA AVENUE SOUTH (MN) 27053C0334E 27053C0334F 04/18/2006 LOMA 06-05-BN92A OTTERLEI ADDITION, BLOCK 1, LOT 1 -- 6980 OXFORD STREET (MN) 27053C0361E 27053C0361F 08/02/2006 LOMA 07-05-1295A EATON'S 2ND & 3RD ADDITIONS, BLOCK 1, VARIOUS LOTS -- 25 1/2 STREET WEST 27053C0353E 27053C0353F 02/06/2007 LOMA 07-05-2635A WEST LYNN SECOND ADDITION, BLOCK 1, LOT 2 -- 2745 AQUILA AVENUE SOUTH (MN) 27053C0334E 27053C0334F 03/06/2007 LOMA 07-05-4048A KNOLLWOOD COUNTRY CLUB, BLOCK 1, LOT 10 -- 8906 MINNEHAHA CIRCLE NORTH (MN) 27053C0334E 27053C0334F 05/29/2007 LOMA 07-05-4109A MINIKAHDA OAKS, BLOCK 2, LOT 7 -- 3320 HUNTINGTON AVENUE SOUTH (MN) 27053C0354E 27053C0354F 05/29/2007 LOMA 07-05-3921A KNOLLWOOD COUNTRY CLUB, BLOCK 1, LOT 11 -- 8900 MINNEHAHA CIRCLE NORTH (MN) 27053C0334E 27053C0334F 07/17/2007 LOMA 07-05-5725A WEST LYNN, LOT 2 -- 8530 WEST 29TH STREET 27053C0334E 27053C0334F 09/11/2007 LOMA 08-05-0037A WESTWOOD VILLA CONDOMINIUMS -- 2200 NEVADA AVENUE SOUTH 27053C0353E 27053C0353F 10/23/2007 LOMA 07-05-6216A KNOLLWOOD COUNTRY CLUB, BLOCK 1, LOT 12 -- 8901 SOUTH MINNEHAHA CIRCLE 27053C0334E 27053C0334F 11/01/2007 LOMA 08-05-2987A CEDARWOOD SECOND ADDITION, BLOCK 1, LOT 14 -- 4400 WEST 25TH STREET 27053C0354E 27053C0354F 08/21/2008 LOMA 08-05-4801A MINNEHAHA GABLES 2ND ADDITION, BLOCK 1, LOT 13 -- 3235 FLAG AVENUE SOUTH 27053C0334E 27053C0334F 09/04/2008 LOMA 08-05-4594A Lot 11, Block 1, Cedarwood 2nd Addition Subdivision - 4310 West 25th Street 27053C0354E 27053C0354F 09/12/2008 Page 4 of 8 4/21/2016 FINAL SUMMARY OF MAP ACTIONS Community: SOMA-2 Community No: 270184 ST. LOUIS PARK, CITY OF LOMC Case No. Date Issued Project Identifier Old Panel New Panel LOMA 09-05-0051A CEDARWOOD 2ND ADDITION, BLOCK 6, LOT 4 -- 2510 MONTEREY AVENUE SOUTh 27053C0354E 27053C0354F 11/18/2008 LOMA 09-05-0041A LOU PARK ADDITION, BLOCK 1, LOTS 1 & 2 -- 6465 WAYZATA BOULEVARD 27053C0351E 27053C0351F 11/25/2008 LOMA 09-05-0466A COBBLECREST ADDITION, BLOCK 3, LOT 8 -- 8806 MINNETONKA BOULEVARD 27053C0334E 27053C0334F 11/25/2008 LOMR-F 09-05-0866A REGISTERED LAND SURVEY NO. 554, TRACTS A & B -- 7102 & 7104 LAKE STREET WEST 27053C0353E 27053C0353F 02/17/2009 LOMA 09-05-1470A LOTS 3-11, BLOCK 5, MINIKAHDA OAKS & PORTION OF SECTION 6, T28N, R24W 27053C0354E 27053C0354F 02/24/2009 LOMA 09-05-1956A WESTWOOD ESTATES 4TH ADDITION, LOT 3 & PORTION OF LOT 4, BLOCK 1 -- 8323 FRANKLIN AVENUE WEST 27053C0334E 27053C0334F 03/17/2009 LOMA 09-05-2604A CEDARWOOD 2ND ADDITION, BLOCK 6, LOT 6 -- 4441 25TH STREET WEST 27053C0354E 27053C0354F 05/05/2009 LOMA 09-05-2343A 3332 HUNTINGTON AVENUE SOUTH -- LOT 10, BLOCK 2, MINIKAHDA OAKS 27053C0354E 27053C0354F 05/12/2009 LOMA 09-05-2819A PORTION OF SECTION 31, T29, R24 -- 4832 27TH STREET WEST 27053C0354E 27053C0354F 06/02/2009 LOMA 09-05-5867A SUNGATE ONE CONDOMINIUM, UNIT 2567 -- 2567 ALABAMA AVENUE 27053C0353E 27053C0353F 10/23/2009 LOMA 10-05-0898A LOT 3, BLOCK 6, CEDARWOOD 2ND ADDITION -- 2516 MONTEREY AVENUE SOUTH 27053C0354E 27053C0354F 01/07/2010 LOMA 10-05-0995A LOT 8, BLOCK 3, COBBLECREST ADDITION -- 8808 MINNETONKA BOULEVARD 27053C0334E 27053C0334F 01/08/2010 LOMA 10-05-2065A Lot 12, Block 1, Westwood Estates 2nd Addition Subdivision - 8806 Westmoreland Lane 27053C0334E 27053C0334F 01/26/2010 LOMR-F 10-05-1205A LOTS 1-11, SUNSET RIDGE BUSINESS PARK -- CEDAR LAKE ROAD 27053C0353E 27053C0353F 02/09/2010 LOMA 10-05-1847A LOT 4, BLOCK 1, RIDGE ADDITION -- 2460 HIGHWAY 100 SOUTH 27053C0353E 27053C0353F 03/04/2010 LOMA 10-05-2894A LOT 2, BLOCK 1, TEXA-TONKA 3RD ADDITION -- 2845 WYOMING AVENUE SOUTH 27053C0334E 27053C0334F 03/30/2010 LOMA 10-05-4949A LOT 1, BLOCK 1, FARRS SUNSET RIDGE -- 2030 RIDGE DRIVE 27053C0353E 27053C0353F 08/06/2010 LOMA 10-05-5163A LOT 1, BLOCK 1, WESTWOOD ESTATES 4TH ADDITION -- 833 FRANKLIN AVENUE WEST 27053C0334E 27053C0334F 08/20/2010 Page 5 of 8 4/21/2016 FINAL SUMMARY OF MAP ACTIONS Community: SOMA-2 Community No: 270184 ST. LOUIS PARK, CITY OF LOMC Case No. Date Issued Project Identifier Old Panel New Panel LOMA 10-05-4952A LOT 1, BLOCK 1, FARRS SUNSET RIDGE -- 2010 RIDGE DRIVE 27053C0353E 27053C0353F 10/05/2010 LOMA 11-05-6021A Lot 1, Block 1, Mill City Addition Subdivision - 7201 Walker Street 27053C0353E 27053C0353F 06/14/2011 LOMA 11-05-6299A LOT 3, BLOCK 2, MINNEHAHA GABLES ANNEX -- 8911 WEST 34TH STREET 27053C0334E 27053C0334F 07/14/2011 LOMA 11-05-7369A Lot 4, Block 2, Aretz 4th Addition Subdivision - 2410 Gettysburg Avenue South 27053C0334E 27053C0334F 07/19/2011 LOMA 11-05-6922A LOT 1, BLOCK 1, RORBACH'S ADDITION -- 6401 WAYZATA BOULEVARD 27053C0351E 27053C0351F 08/04/2011 LOMA 11-05-8103A Lot 1 & 2, Block 9, Thorpe Bros Cedar Lake Heights Subdivision - 2530 Monterey Avenue 27053C0354E 27053C0354F 08/31/2011 LOMA 12-05-0913A LOT 7, BLOCK 1, ASPENWOOD, 2309 PARKWOODS ROAD 27053C0354E 27053C0354F 11/29/2011 LOMA 12-05-6388A APARTMENT OWNERSHIP NO. 41 GREENSBORO CONDOMINIUMS, APTS. 203-210 -- FRANKLIN AVENUE WEST 27053C0353E 27053C0353F 08/30/2012 LOMA 12-05-9563A ASPENWOOD, BLOCK 1, LOT 2 -- 2349 PARKWOODS ROAD 27053C0354E 27053C0354F 11/01/2012 LOMA 13-05-0379A MONTEREY ADDITION, BLOCK 1, LOT 3 -- 2732 MONTEREY AVENUE SOUTH 27053C0354E 27053C0354F 11/15/2012 LOMA 13-05-2511A A PORTION OF BLOCK 4, BROOKSIDE SECOND DIVISION -- 6312 MEADOWBROOK BOULEVARD 27053C0361E 27053C0361F 02/26/2013 LOMA 13-05-3639A GREENSBORO CONDOMINIUMS -- 7335, 7339, 7343, 7347, 7351, 7403, 7407 & 7411 FRANKLIN AVENUE WEST 27053C0353E 27053C0353F 04/23/2013 LOMA 13-05-6856A LOT 3, BLOCK 1, ASPENWOOD -- 2341 PARKWOODS ROAD 27053C0354E 27053C0354F 07/23/2013 LOMA 13-05-7841A BROOKSIDE SECOND DIVISION, BLOCK 2, LOT 7 -- 4255 MEADOWBROOK BOULEVARD 27053C0361E 27053C0361F 08/30/2013 LOMA 14-05-1896A LOT 6 & A PORTION OF LOT 5, BLOCK 2, MINIKAHDA OAKS -- 3316 HUNTINGTON AVENUE SOUTH 27053C0354E 27053C0354F 12/31/2013 LOMA 14-05-2673A ARETZ 4TH ADDITION, BLOCK 2, LOT 8 -- 2442 GETTYSBURG AVENUE SOUTH 27053C0334E 27053C0334F 01/30/2014 LOMA 14-05-2136A LOT 8, BLOCK 1, ASPENWOOD -- 2301 PARKWOODS ROAD 27053C0354E 27053C0354F 03/13/2014 LOMA 14-05-4470A LOT 5, BLOCK 1, WEST LYNN SECOND ADDITION --- 2811 AQUILA AVENUE SOUTH 27053C0334E 27053C0334F 03/25/2014 Page 6 of 8 4/21/2016 FINAL SUMMARY OF MAP ACTIONS Community: SOMA-2 Community No: 270184 ST. LOUIS PARK, CITY OF LOMC Case No. Date Issued Project Identifier Old Panel New Panel LOMA 14-05-4724A Lot 29, Block 1, Minnehaha Gables Annex Subdivision - 9018 34th Street West 27053C0334E 27053C0334F 04/03/2014 LOMA 14-05-7709A Lot 2, Block 1, Westwood Estates 4th Addition Subdivision - 8329 Franklin Avenue West 27053C0334E 27053C0334F 07/14/2014 LOMA 14-05-7782A PART OF LOTS 4, 5, 7 & 8, BLOCK 2, WEST LYNN 2ND ADDITION -- 8510 29TH STREET WEST 27053C0334E 27053C0334F 07/22/2014 LOMA 14-05-7978A Lot A, Registered Land Survey No. 154 Subdivision - 8610 29th Street West 27053C0334E 27053C0334F 07/23/2014 LOMA 15-05-0623A Lot 5, Block 6, Cedarwood Second Addition Subdivision - 2506 Monterey Avenue South 27053C0354E 27053C0354F 11/03/2014 LOMA 15-05-2636A WEST LYNN SECOND ADDITION, BLOCK 1, LOT 1 -- 2739 AQUILA AVENUE 27053C0334E 27053C0334F 03/10/2015 LOMA 15-05-3433A NOVARTIS ADDITION, BLOCK 1, PORTION OF LOT 1 -- 5320 23RD STREET WEST 27053C0353E 27053C0353F 04/16/2015 LOMA 15-05-3949A MINIKAHDA OAKS, BLOCK 2, LOTS 8 AND 9 -- 3330 HUNTINGTON AVENUE SOUTH 27053C0354E 27053C0354F 06/18/2015 LOMA 15-05-6728A Lot 4 - 5, Block 1, Westwood Estates 4th Addition Subdivision - 8317 Franklin Avenue West 27053C0334E 27053C0334F 08/25/2015 LOMA 15-05-7395A CEDARWOOD SECOND ADDITION, BLOCK 1, LOT 13 -- 4330 WEST 25TH STREET 27053C0354E 27053C0354F 11/16/2015 LOMA 16-05-2864A SECTION 5, T117, R21 -- 6661 WAYZATA BOULEVARD 27053C0351E 27053C0351F 04/01/2016 3. LOMCs Superseded The modifications effected by the LOMCs listed below have not been reflected on the Final revised FIRM panels because they are being superseded by new detailed flood hazard information or the information available was not sufficient to make a determination. The reason each is being superseded is noted below. These LOMCs will no longer be in effect when the revised FIRM becomes effective. LOMC Case No. Date Issued Project Identifier Reason Determination Will be Superseded LOMR 07-05-4704P PARK NICOLLET LOMR (MN) 09/28/2007 4 1. Insufficient information available to make a determination. 2. Lowest Adjacent Grade and Lowest Finished Floor are below the proposed Base Flood Elevation. 3. Lowest Ground Elevation is below the proposed Base Flood Elevation. 4. Revised hydrologic and hydraulic analyses. 5. Revised topographic information. Page 7 of 8 4/21/2016 FINAL SUMMARY OF MAP ACTIONS Community: SOMA-2 Community No: 270184 ST. LOUIS PARK, CITY OF 4. LOMCs To Be Redetermined The LOMCs in Category 2 above will be revalidated through a single revalidation letter that reaffirms the validity of the determination in the previously issued LOMC. For LOMCs issued for multiple lots or structures where the determination for one or more of the lots or structures has changed, the LOMC cannot be revalidated through this administrative process. Therefore, we will review the data previously submitted for the LOMC requests listed below and issue a new determination for the affected properties after the effective date of the revised FIRM. LOMC Case No. Date Issued Old Panel New Panel Project Identifier NO CASES RECORDED Page 8 of 8 4/21/2016 6/04/2013 revision ORDINANCE CERTIFICATION CHECKLIST Please sign and return the checklist and all required documents to the DNR Floodplain Program office when completed. 1. _______________ Date(s) of published hearing notice. _______________ 2. _______________ Date(s) of public hearing. _______________ 3._______________ Date of ordinance adoption. Include 1 certified copy of the adopted ordinance text in its entirety including the signature of the chief elected official and the stamped seal of the community. 4._______________ Date of newspaper publication of adopted ordinance. Include 1 copy of affidavit of publication of the adopted ordinance. Publication of an ordinance summary is acceptable by statute. 5. _______________ Date of official filing of adopted ordinance with County Recorder (______ record book number and ______ page number). If filing of an adopted ordinance with the county auditor is not a standard practice, please indicate “N/A.” 6. _______________ Board of Adjustment/Appeals has been established (yes or no). Note: Cities under charter must also submit a list of any additional requirements for hearings, notices, etc. stated in their charter and not required by statute. Please specify: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ _______________________________________________ Signature of Clerk/Auditor