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06-28-04 PC Agenda AGENDA GOLDEN VALLEY PLANNING COMMISSION Regular Meeting Golden Valley City Hall, 7800 Golden Valley Road Council Chambers Monday, June 28,2004 7pm I. Approval of Minutes May 24, 2004 Planning Commission Meeting II. Informal Public Hearing - Minor Subdivision - SU09-07 Applicant: Randy Roland Address: 15 Westwood Drive N. and 1 Westwood Drive N. Purpose: To allow the applicant to redraw the existing property line between the two properties. III. Informal Public Hearing - Complete Revision of Section 11.60 of the Zoning Code - Floodplain Management Zoning Overlay District Applicant: The City of Golden Valley Purpose: In order to meet current Federal Emergency Management Agency (FEMA) requirements -- Short Recess -- III. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings IV. Other Business A. Emailing Planning Commission packets V. Adjournment I' J . . . Regular Meeting of the Golden Valley Planning Commission May 24, 2004 A regular meeting of the Planning Commission was held at the Golden Valley City Hall Manager's Conference Room, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday May 24, 2004. Chair Pentel called the meeting to order at 6 pm I. Those present were Chair Pentel, Commissioners Eck, Hackett, K Schmidgall and Waldhauser. Also present were Council Membe Planning Commissioner, McAleese, Director of Planning and Grimes and Administrative Assistant, Lisa Wittman. sen, The Planning Commission started their meeting at 6 discussed the handout prepared by the Planning C to the Commission! A guide for New Members", commissioners which included: listening, educa homework, attending and contributing and . training. They our I titled "Welcome guide's tips for new lite, sking questions, doing ent thinker. Approval of Minutes May 10, 2004 Planning Co Schmidgall noted that he wa absent. the May 10 meeting but he was in fact MOVED by Eck, second May 10, 2004 minu II. evelopment Project, Tax Increment Financing (Soils irth Parkway District No.3. ousing and Redevelopment Authority Lot 1, Block 1 North Wirth Parkway 5th Addition Findings related to Tax Increment Financing Plan Grimes referred to a map and showed the Commissioners where the North Wirth Redevelopment Area is located. Pentel asked if tax increment district is still open. Grimes said the district is closed and now the City is proposing a 3rd tax increment district for soil remediation on the remaining parcel in the North Wirth Redevelopment Area. He stated that there is a developer who would like to build an office building consisting of for-sale condos. ., Minutes of the Golden Valley Planning Commission May 24, 204 Page 2 . Pentel asked if the developer's proposal would come back to Planning Commission as a Planned Unit Development. Grimes said yes. He explained that, by approving this resolution the Planning Commission would be saying that the proposed use is consistent with the Zoning Code and Comprehensive Plan. Pentel stated that this resolution seems reasonable because staff knew that the City was going to have to help clean up the site. MOVED by Keysser, seconded by Waldhauser and motion carried un approve the resolution for the North Wirth Parkway Redevelopment Increment Financing (Soils Conditions) North Wirth Parkway Distr' -- Short Recess -- III. Reports on Meetings of the Housing and Redevelo Council, Board of Zoning Appeals and othe Pentel stated that she attended the May 18, Council IV. Other Business . A. CityTour The Planning Commissioners de 2004 Planning Commission me V. Adjournment The meeting was a . . ule eir tour of the city to the June 14, . . . Hey Planning 763-593-8095/763-593-8109 (fax) Date: June 24, 2004 To: Planning CO!1lmission From: Mark W. Grimes, Director of Planning and Development Subject: Informal Public Hearing on Minor Subdivision of Lots 9 and 10, Block 6, Glendale (1 and 15 Westwood Dr. N.), Randon and Kathryn Roland, Applicant BACKGROUND AND DESCRIPTION OF MINOR SUBDIVISON Randon and Kathryn Roland are the owners of the house and property at 15 Westwood Dr. N. Recently, they discovered that the existing property line between their property and the property to the south owned by Renei Schmitz and Gary Glood (1 Westwood Dr. N.) was not where they thought it was actually located. As shown on the attached survey prepared for Randy Roland by W. Brown Land Surveying, Inc., the proposed property line is the "practiced" property line, or the line that has actually been followed by the owners of the two properties over the years. The Rolands have discussed this discrepancy with Renei Schmitz and Gary Glood and they have agreed to go through the minor subdivision process to change the property line between Lot 9 and 10 to reflect the "practiced" or proposed property line shown on the survey. The two homes were both built in the early 1950's prior to the requirement for the submission of as-built surveys as part of the building permit process. In those days, the builder or developer would come to the City and show a plot plan indicating the location of the proposed house. If it appeared to meet the City's setback requirements, the permit was approved. Unfortunately, homes were not always placed exactly where they were proposed on the plot plan. When future work has been proposed on many older homes, the City and homeowners have had to deal with the inaccurate placement of homes that do not meet both current and previous setback requirements. In the case of the home at 15 Westwood Dr. N. owned by the Rolands, the home was constructed only 11.2 ft. from the property line when the setback was supposed to be 15 ft. This proposed property line shift will result in the south side yard setback being conforming because it will now exceed 15 ft. SUBDIVSION CODE VARIANCE The home at 1 Westwood Dr. N. does not appear to meet the setback requirement of 35 ft. along both Westwood Dr. N. and Glenwood Ave. The attached garage is only 23 ft. from Westwood Dr. N. and only 26 ft. from Glenwood Ave. This house was built in 1953 with no expansion to the footprint other than a small enclosed room behind the garage. . . The plot plan that was submitted with the building permit application in 1953 indicates that the house would meet the setback requirement of 35 ft. along the two streets. Because the house at 1 Westwood Dr. N. does not meet the current setback requirements for a house in the Single-Family zoning district, the City Council must issue a variance from Section 12.50, Subdivision 3(A) of the Subdivision Code that states that the proposed lots in a minor subdivision must meet all the requirements of the Zoning Code. In this case, the existing house on the lot for 1 Westwood Dr. N. will not meet all setback requirements. The City Council must grant a variance from that section of the subdivision code for the minor subdivision to go forward. The Planning Commission should make a recommendation to the City Council on this subdivision variance. In considering a subdivision variance, the Code states that the City Council must determine that the following conditions exist: 1. There are special circumstances for conditions affecting said property so that the strict application of the provisions of this Chapter would create an unusual hardship and deprive the applicant of the reasonable use of his land. Economic difficulty or inconvenience shall not constitute a hardship situation for the purpose of this ordinance. 2. The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. 3. The granting of the variance will not be detrimental to the public welfare of injurious to other property in the neighborhood in which said property is situated. In this case, staff believes that the subdivision variance is justified and meets the three conditions outlined above. QUALIFICATION AS A MINOR SUBDIVISION The changing of the property line between the two lots at 1 and 15 Westwood Dr. N. qualifies as a minor subdivision because the property is part of an existing, recorded plat, creates no more than four lots and does not require any additional public improvements such as street construction. The applicant has submitted the required information to the City that allows the subdivision to be evaluated. QUALIFICATION GOVERNING APPROVAL AS A MINOR SUBDIVION According to Section 12.50 of the Subdivison Code, there are several regulations governing approval of minor subdivision. The regulations are as follows with staff comment: 1. A minor subdivision shall be denied if the proposed lots do not meet the requirements of the appropriate zonina district. In this case, the home on the south lot (1 Westwood Dr. N.) will not meet the setback requirements after the subdivision is complete. At the current time, the home does not meet the 35 ft. setback requirements from both Westwood Dr. N. and Glenwood Ave. Therefore, a variance from this condition must be approved by the City Council in order for the minor subdivision to be approved. (See section above regarding variance.) 2. A minor subdivision may be denied if the City Enaineer determines that the two lots are not . buildable. In this case, there are already homes on each of the lots. 2 . . . 3. A minor subdivision may be denied if there are no utilities available to the lots in the proposed minor subdivision. In this case, utility services are available and hooked up to the two homes. 4. Approval of the minor subdivision may require the qrantinq or certain easements to the City. The final plat will show all necessary easements as required by the City Engineer. 5. If public aqencies other than the City have iurisdiction of the streets adiacent to this minor subdivision. the aqencies will be qiven the opportunity to comment. In this case, Hennepin County has been notified of the minor subdivision. No comment has yet been received. If comments are received prior to City Council consideration, these comments will be forwarded to the City Council as part of their approval process. 6. The City may ask for review of title if required by the City Attorney due to dedication of certain easements. The City Attorney will determine if such a title review is necessary prior to approval of the final plat. 7. The minor subdivision may be subiect to park dedication requirements. The policy of the City has been that there will be no park dedication required if the new subdivision does not create any new lots for development. In this case, there will be no additional buildable lots created. Therefore, no park dedication will be recommended. RECOMMENDED ACTION The staff recommends approval of the minor subdivision and variance needed to permit the one non-standard lot for the home at 1 Westwood Dr. N. It would seem to be in the best interest of the City to allow the minor subdivision and establish a new property line between the two lots that is consistent with the "practiced" property line. The new property line would make the home on the north lot (15 Westwood Dr. N.) completely conforming to setback requirements and the south lot (1 Westwood Dr. N.) would be no different as to setback along Glenwood Ave. and Westwood Dr. N. Staff recommends approval of the proposed minor subdivision and Subdivision Code variance with the following conditions: 1. The City Attorney shall determine if a title review is necessary prior to approval of the final plat. 2. Easements are shown on the final plat as required by the Subdivision Code. 3. The survey prepared by W. Brown Land Surveying, Inc. and dated May 21,2004 shall become a part of this approval and the final plat shall be based on this survey. 4. There shall be no park dedication required because no additional housing units will result due to the minor subdivision. 5. Comments from Hennepin County regarding this minor subdivision will be brought to the City Council as part of their consideration of the minor subdivision. Attachments: Location Map Survey Letter signed by homeowners at 1 Westwood Drive N. 3 . .~ 115 Westwood Dr. N. I ':lI ~!I L_J --(1 Westwood Dr. N. J--+ \ a: c w a: o :z c a: c( z w ~ N W J: o ~ /z I I z w ~ NI ~w I ~ -1 z ROANOKe RD ~) E GLENWOOD AVE GLENWOOD AVE GLENWOOD AVE I -~ .~ . L VJ a: c c o o ~ VJ W s: /( rl,./ /, v-i,'" 1/ .~ . w. BROWN LAND o Denotes Iron Monument Set . Denotes Iron Monument Found. SURVEYING, INC. WOODROW A. BROWN, R.L.S. PROPOSED LOT SPilT President FOR: RANDY ROLAND 8030 Cedar Avenue South Suite 228 Bloomin9ton, MN 55425 Phone (952) 854-4055 Fox (952) 854-4268 Scale: 1 "=40' q If') o ..- LOT \ r---... _ _ _ _ !29~ !. _ _ _ _ _ _ _ ~ I r\T L.V I I", IE , , " '" 254.19 ~ ) I- o ---1 I . -- -.. P f?, I "-: -- -.. -.. OPOSt i ~ -.. -.. -.. ~ 'd"!..E \ 175.31 ~ I ..z7 ..-- / I- o --.l o ci <D .- / NORTH 1"1 CD I '" L.V I -~~- N r-- I ~: \ l--- 114.2 --~ G le,(,\vJooJop~t DESCRIPTION 30 NOTE: No Search Was Made For Any Easements. LOT 9 & 10 BLOCK 6 GLENDALE, HENNIPEN COUNTY. MINNESOTA I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I om 0 duly Registered Lon~ Surveyor under the lows of the State of Minnesota. . W. BROWN LAND SURVEYING, INC. ./ (l ~cdLJ (A'~ cl ';?/.~ -Woodrow A. Brown, R.L.S NO. 15230 Daled: May 21, 2004 91-04 87/31 1 of 1 R'd nJ:" T;1_ oI.e:o_ ::'1f:~C J May 23, 2004 . Ms Renei Schmitz 627 86th Lane NW Coon Rapids, MN 55433 763-717-1429 Mr. Gary Glood 1 Westwood Drive North Golden Valley, MN 55422 763-377-6530 Dear Renei & Gary: In advance, thank you for your consideration and assistance on this matter. As we discussed on the phone last week, we recently learned that the actual property line as measured by the independent surveyor, using the Hennepin County plot map as a reference, differs from the practiced property line. . As shown on the attached diagram, the common boundary between our two properties (1 Westwood Drive Nand 15 Westwood Drive North) is approximately 175.2 feet long. While the mid-point of the boundary is on the practiced property line, the actual end points of the line are approximately 23.1 feet to the north at the eastern end point, and 23.1 feet to the south at the western end point from the practiced line from where we believed it to be. (For instance, the western point of the property line is approximately 23 feet to the south of the telephone pole, the practiced end point) We appreciate your consideration of the proposed "application for a minor subdivision" which will move the actual property line so that it reflects the practiced property line, as we have believed it to be for the past 18 years. Please refer to the "proposed" line on the attached survey. Basically this moves the west end of the property line to the telephone pole and the east end of the line to the base of the hill between our front yards. (Both spots are marked for your review). Effectively this realignment does not change the size of either property. We will pay for all survey, application and filing costs associated with this process. We have prepared this letter in support of our application to the City of Golden Valley. If this change is acceptable to you please sign below. . Ow~ 1 Westwood Drive ~ X/L/ 2~ R" nei Semma ~ .,<2~~ Gary Gloo <;""/.. C; /', -'Ye:<7' Or 0wM~4, estw od Drive N ~ o. 12.t~ ?-/ Z~F /~ /,'- // ".j;1. ~... < V"'" Randon Roland " ;, -' . . . emoran m Public Works 763.593.8030 I 763.593.3988 (fax) alley Date: June 23, 2004 To: Mark Grimes, Director of Planning and Development From: Jeff Oliver, PE, City Engineer d Subject: Planning Commission Consideration of Revised Flood Code For the past several years, City staff has been working with the Bassett Creek Watershed, the Minnesota Department of Natural Resources (DNR) and the Federal Emergency Management Agency (FEMA) on revisions to the floodplain elevations in Golden Valley and throughout the watershed. These flood elevation revisions are based on the Bassett Creek Flood Control Project undertaken over the last 30 years to minimize flood damage in the watershed. As part of the flood level revisions, FEMA and the DNR have reviewed Section 11.60., Floodplain Management Zoning Overlay District, of the City Code. In addition to adopting the revised floodplain profiles and maps, several other changes to the Code are recommended. Although the changes are primarily administrative revisions requested by FEMA, some of the changes will impact floodplain management in Golden Valley. Some of these revisions are discussed briefly as follows: 1. All new homes, additions and other construction adjacent to and within floodplains must be two feet above the 1 OO-year flood elevation. Current standards require one foot of elevation difference above the flood elevation. This change is consistent with the Bassett Creek Water Management Commission's draft Water Management Plan. 2. The current flood maps include a single category of "floodplain" for all of the flood prone areas. The new maps, consistent with FEMA policy across the country, now have two primary zones including "floodway" and "flood fringe." The floodway is the portion of the floodplain that is critical for the conveyance of the flood through community, which is typically the stream channel and areas immediately adjacent to the stream. Placement of obstructions in this area can dramatically impact flood levels upstream, and is therefore more tightly regulated. The flood fringe is the portion of the floodplain that temporarily stores flood water where obstructions do not typically raise flood levels. Therefore, management of the flood fringe is less restrictive. G:\Flood Amendments\Correspondence\PC Memo 062304.doc . . . 3. The revisions more clearly define requirements for damaged properties in the floodplain and requirements for Code compliance when a property is damaged. 4. Because the Golden Valley Code does not prohibit manufactured housing or recreational vehicle land uses, the floodplain management portion of the code must be revised to address these uses in the floodplain. I will be present at the June 28, 2004 Planning Commission meeting to discuss the Code and answer any questions. C: Jeannine Clancy, Director of Public Works AI Lundstrom, Environmental Coordinator Eric Eckman, Engineering Technician G:\Flood Amendments\Correspondence\PC Memo 062304.doc . . SECTION 11.60. FLOODPLAIN MANAGEMENT ZONING OVERLAY DISTRICT. Subdivision 1. Purpose. A. It is found and determined by the Council that the lands within the floodplains of Bassett Creek and its tributaries (the "Floodplain") are an invaluable land resource; that lands within the Floodplain are or may be subject to loss or imprudent alteration through uncoordinated and unplanned development; that the proper management of development of such lands is essential to avoid rapid runoff of surface waters, to preserve adequate ground water infiltration, to protect surface waters, to prevent pollution of the Creek City's water bodies, to minimize periodic flooding resulting in loss of life and property, to prevent interruption of governmental services and extraordinary public expenditures, and to control runoff and impairment of the tax base, all of which adversely affect the public health, safety and welfare; and that development within the Floodplain must be regulated on the basis of and with proper consideration of the impact on the ~ Creek along its full length and otherwater bodies in the City. . B. It is the purpose of this Section to guide and regulate the orderly development of land within the Floodplain by establishing a system of management of the Floodplain. It is further the intent of this Section to promote a uniform Floodplain management program, consistent with the needs of individual cities having lands within the Floodplain of Bassett Creek, to maximize the coordinated efforts of all members of the Bassett Creek WaterslleG Management Commission "BCWMC" in floodplain management, and to secure for the benefit of the citizens of Golden Valley the benefits of the National Flood Insurance Act of 1968 as amended. C. This Section is enacted pursuant to Minnesota Statutes, Chapter 1 03F ~ and is in conformance with the Management Plan for the Bassett Creek VV3tershed M3n3gement Commission BCWMC. D. In addition to the foreqoinq, this ordinance is adopted to comply with the rules and requlations of the National Flood Insurance Proqram, codified as 44 Code of Federal Requlations Parts 59-78, as amended, so as to maintain the community's eliqibility in the National Flood Insurance Proqram. Subdivision 2. District Established. . A. The Floodplain zones within the City generally consist of all Zone AE lands which lie below the elevations shown on the Official Flood Zone Profile and Map, and all lands shown as Zone A. and which by reason of their location in relation to Bassett Creek or its tributaries are subject to inundation during regional flood events. Zone AE and Zone A boundaries are as shown on the Flood Insurance Rate Map panels adopted in Subd. 2.B. Critical elevations for regional flood events were determined by calculating the hydrograph of runoff for a 1 OO:year frequency storm and . routing it through the City's existing drainage system. This method of identifying flood hazard areas is consistent with the standards established by the Minnesota Department of Natural Resources. B. The Official Flood Zone Profile and Map are is hereby adopted by reference and made a part of this Section. The profile and map are is on file in the City's Engineering Public Works Department and are is open to inspection by the public during normal business hours of the City. C. The official boundaries of the Floodplain zone shall be determined on the basis of the criteria set forth above. Copies of the Flood Insurance Rate Maps. adopted in Subd. 3.B. topographic maps indicating the location of the Floodplain zonesJ. shall be on file in the City offices for informational purposes. However, where the exact location of Floodplain zoning boundaries are to be determined, the definitions and criteria set forth in this Section, together with the Official Flood Zone Profile referred to above, and the actual fietG Qround surface elevations of the area in questionJ. on . shall control. Subdivision 3. Definitions. The following terms, as used in this Section, shall have the meanings as stated: . A. "Administrator/Floodplain Administrator" - The City Director of PlanninQ and Development Zoning and Community Services, who in consultation with the City Engineer, the technical advisors of the Bassett Creek Commission BCWMC, and other staff or outside technical experts as necessary, shall be responsible for discharging the administrative duties entailed by this Section. B. "Basement" - Anv area of a structure. includinQ crawl spaces havinQ its floor or base subQrade (below Qround level) on all four sides. reQardless of the depth of excavation below Qround level. C. "Bassett Creek Commission" "BCWMC" - The Bassett Creek WatersAeG Management Commission. D. "DNR Commissioner" - The Commissioner of the Minnesota Department of Natural Resources. E. "Fill" - Any material or combination of materials used in filling. . F. "Filling" - The artificial depositing upon any parcel of property of any soil, rock, rubble, mulch. vegetation or similar materials except for the depositing of any such materials in localized depressions for the sole purpose of landscaping, and except for the deposition of top soil on any particular parcel for the sole purpose of either gardening or landscaping. It shall be the duty of the Administrator to determine whether such deposition of materials falls within one of the exceptions as outlined. . G. "Flood Fringe" - That portion of the Floodplain located outside of the floodway. Flood fringe is synonymous 'A'ith the term "floodway fringe" as it may be used in the Flood Insurance study f-or Golden Valley or on the related Flood Insurance Rate Maps. The flood frinQe shall include those Zone AE areas outside of the f100dwav as shown on the Flood Insurance Rate Map panels adopted in Subd. 3.B. For those Zone A and Zone AE areas as shown on the Flood Insurance Rate Map panels adopted in Subd. 3.B, where floodwav/flood frinQe boundaries are not shown in Zone A or Zone AE. an applicant for a Special Permit in the Floodplain must meet the provisions of Subd. 4.B of this ordinance. H. "Floodplain/Flood Hazard Area" - Those areas within the City which include the beds proper and the areas adjoining Bassett Creek or its tributaries which have been or hereafter may be covered by the regional flood. The Floodplain shall be further divided into the floodway and the flood fringe. . L "Floodway" - The channels of Bassett Creek and its tributaries plus those portions of the Floodplain which are required to convey the regional flood discharge and store the runoff from the regional flood. The floodwav shall include those floodwav areas as shown on the Flood Insurance Rate Map panels adopted in Subd. 2.B. For those Zone A and Zone AE areas as shown on the Flood Insurance Rate Map panels adopted in Subd. 3.B, where the floodwav/flood frinQe boundaries are not shown, an applicant for a Special Permit in the Floodplain must meet the provisions of Subd. 4.B of this Section. J. "Lowest Floor" - The lowest floor on the lowest enclosed area (includinQ basement). An unfinished or flood-resistant enclosure. used solelv for parkinQ of vehicles. buildinQ access or storaQe in an area other than a basement area, is not considered a buildinQ's lowest floor. K. "Manufactured Home" - A structure. transportable in one or more sections, which is built on a permanent chassis. and is desiQned 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." L. "Obstruction" - Any storage or placement of material or equipment, any dam, wall, wharf, embankment, levee, road, dike, pile, object, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, deposit, clearing of trees or vegetation, structure or matter in, along, across, or projecting, in whole or in part, into any floodplain. . M. "Official Flood Zone Profile and Map" - The collection of flood profiles contained in the Flood Insurance Study. Volumes 1 of 2 and 2 of 2. Hennepin County, Minnesota. all iurisdictions. dated September 2.2004, for Golden Valley, dated August 19, 1986, plus any supporting dooumentation including the Flood Insurance Rate Maps for the City of Golden Valley, panels 27053C0194 E, 27053C0213 E. 27053C0214 E. 27053C0332 E, 27053C0351 E, 27053C0352 E and 27053C0354E. . dated September 21 2004. 1, 3 ::md 4 d3ted February -1, 1981, and p3nel 2 dated August 19, 1986. . . N. "Reach" - A hydraulic engineering term used to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. For example, the segment of a stream or river between two consecutive bridges would constitute a reach. o. "Recreational Vehicle" - A vehicle that is built on a sinale chassis. is 400 square feet or less when measured at the laraest horizontal proiection. is desianed to be self-propelled or is permanently towable by a liaht-duty truck. and is desianed primarily not for use as a permanent dwellina. but as a temporary livina Quarters for recreational. campina, travel or seasonal use. For the purposes of this Section, the term recreational vehicle shall be synonymous with the term travel trailer/travel vehicle. P. "Regional Flood" - A flood which is representative of large floods known to have occurred generally in MinnesotaJ. and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Q. "Regulatory Flood Protection Elevation" or "RFPE" - A point not less than two feet one foot above the elevation of the Floodplain. , plus any increases in flood heights attributable to encroachments on the floodplain. It is the elevation to which uses regulated by this Section are required to be elevated or flood-proofed. R. "Standard Project Flood" - A flood that occurs as a result of the most severe combination of meteorological and hydrological conditions considered reasonably characteristic of the region. S. "Structure" - Anything that is built or constructed, an edifice or building of any kind, or some piece of work artificially built up or composed of parts joined together in some definite manner, whether of a temporary or permanent character. T. "Substantial Damaae" - Damaae of any oriain sustained by a structure where the cost of restorina the structure to its' before damaaed condition would equal or exceed 50 percent of the market value of the structure before the damaae occurred. u. "Substantial Improvement" - Within any consecutive 365-day period, any reconstruction, rehabilitation (includina normal maintenance and repair). repair after damaae, addition or other improvement of a structure. the cost of which 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 . damaae," reaardless of the actual repair work performed. The term does not. however. include either: 1. Anv proiect for improvement of a structure to correct existina violations of state or local health, sanitary or safety code specifications which have been identified bv the local code enforcement official. and which are the minimum necessary to assure safe Iivina conditions. 2. Anv alteration of an "historic structure," provided that the alteration will not preclude the structure's continued desianation as an "historic structure." For the purposes of this Section. "historic structure" shall be as defined in Code of Federal Regulations. Part 59.1. Subdivision 4. General Rules and Prohibitions Affecting Uses. A. No existing land use, obstruction, or structure within the Floodplain shall be altered in size or scopeJ. except in accordance with the provisions of this Section. . B. No temporary or permanent structure, dredae spoil site. ~nd and aravel operation. fill for driveways, roads, levees or other purposes; and no deposit, obstruction, or storage of material or equipment or other use shall be permittedJ. which acting alone or in combination with existing or anticipated usesJ. would unduly affect the efficiency or the capacity of the Floodplain or unduly increase flood heights or flood damages. Anv such use which increases the Floodplain elevation bv any amount in a desianated floodwav. or bv more than 0.5 foot in a desianated Zone A or Zone AE where afloodwav has not been desianated per reach or for the cumulative effect of several reaches is deemed to undulv decrease the capacity of the channel or Floodplain. In some cases, which will be determined on the basis of the detailed studies required bv the permit process. an increase in flood plain elevation of less than 0.5 foot may also be found to cause unacceptable increases in flood damaae. C. In connection with any proposed developmentJ. ef, or proposed placing of, placement of an obstruction in the Floodplain, if the Regulatory Elood Protection Elevations and floodplain elevations then being used reflect proposed measures for flood control, including water retention areas, then such elevations shall not be effective or used in issuing a special permit unless such measures will increase flood heights, in which case the RFPE regulatory flood protection elev3tion and floodplain elevations used in issuing a special permit shall reflect the anticipated increases. . D. No use shall be permitted by right or by special permit unless the proposed use conforms to the land use plans and underlying zoning requirements of the City and the management plan and policies of the B3ssett Creek Commission BCWMC. . E. Permit ReQuired. A permit issued by the Administrator in conformity with the provisions of this Section shall be secured prior to the erection. addition. modification. rehabilitation (includino normal maintenance and repair), or alteration of any buildino. structure. or portion thereof; prior to the use or chanoe of use of a buildino, structure or land: prior to the construction of a dam. fence or on-site septic system; prior to the chanoe, replacement or extension of a non-conformino use or non- conformino structure: prior to the repair of a structure that has been damaoed.by flood, fire. tornado or any other source; and prior to the placement of fill. excavation of materials or the storaoe of materials or eQuipment within the Floodplain. Subdivision 5. Permitted Uses. A. The f{)lIo'::ing uses ::ue permitted in the flood plain to the extent that they are not prohibited by any other City Code provision and provided they do not require structures, fill, storage of materials or equipment; on condition Provided that such uses shall not adversely affect the efficiency or unduly restrict the capacity of the channels or floodway~ of any tributary to the main stream or other drainaoe facility or system, the followino uses are permitted in the Floodplain to the extent that they are not prohibited by any other City Code provision and provided they do not reQuire structures. fill. fences, dams, storaoe of materials or eQuipment. channel drainage ditch, or other drainage facility or system: . 1. Private and public open space or recreational uses, such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife habitat, trails, nature preserves and fishing areas. 2. Residential lawns, gardens, parking areas, and play areas. 3. Industrial Commercial loading areas, Parking areas and. heliports. 4. Signs and signals delineating or accessory to parks, trails and other permitted uses as described above in this Subdivision. 5. Recreational vehicles are allowed on individual lots of record if they meet the criteria listed in (a) throuoh (c) immediately below. and provided further that there will be no additions attached to the recreational vehicle. and no development placed on the parcel of land that would hinder the removal of the recreational vehicle from the site should floodino occur. The recreational vehicle must: (a) Have current licenses reQuired for hiohway use. . (b) Be hiohway ready, meanino on wheels or the internal iackino system; be attached to the site only by Quick-disconnect type utilities . common Iv used in campQrounds and recreational vehicle parks: and must not have any permanent structural type additions attached to it. zoninQ use district. (c) 8e permissible in any pre-existinQ, underlvinQ Subdivision 6. Special Uses; Permits. A. The following uses may be introduced into the Floodplain upon the issuance of a special permit in accordance with the provisions of this Section: 1. Filling may be undertaken provided that the fillinQ is in the flood frinQe portion of the Floodplain. In Zone A areas and Zone AE areas where a floodwav has not been desiQnated on the Flood Insurance Rate Map, the requirements of Subdivision 4.8 must be met and that: (a) All fill materials deposited or stored in the Floodplain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method, consistent with and in compliance with Subd. 4.8 and Section 4.31, City Code. All materials or equipment must be stored outside the floodwav, but within the flood frinQe, and shall be elevated on fill to the RFPE. . (b) Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway. 2. Nonconformities Non conforming structures that are in existence in the flood fringe portion of the Floodplain on the effective date of this Section may be redeveloped, altered, enlarged, or reconstructed upon issuance of a special permit, provided that the requirements of Subdivision 4 ~:md Subdivision 11 are met and the structure either 1) is located in the flood frinQe portion of the Floodplain: or 2) for Zone A areas and Zone AE areas where a floodwav has not been desiQnated, is located in an area where the encroachment caused would be consistent with the criteria in Subd. 4.8 of this Section; No permit shall be granted for the redevelopment of a parcel of land or for the alteration (except by removal), enlargement. replacement or reconstruction of any non-conforming structure or obstruction within the floodwav or Zone A or Zone AE areas where a floodwav has not been desiQnated not meetinQ the criteria of Subd. 4.8. 3. Structural works forflood control such as dams, levees, dikes and floodwalls may be erected consistent with the criteria in Subd. 4.8. The modification and additions to such works shall assure that the work will provide a means of decreasinQ flood damaQe potential in the area. The minimum height and design of any such structural works shall be based upon the flood profile provided that: . (a) The minimum height and design of such works shall be at least one f-oot above the RFPE regulatory flood protection elevation. . (b) Modification and additions to such '.f.'orks shall assure that the work will provide a means of decreasing flood damage potential in the aFea:- 4. Public utilities, railroad tracks, streets and bridges may be located provided they are designed to minimize increases in flood elevation, and are compatible with the Management Plan of the Bassett Creek Commission BCWMC. These uses can cause no increase instaQe to the 100-year flood within the floodway and provided further within Zone A areas and Zone AE areas where a floodway has not been desiQnated on the Flood Insurance Rate Map panels. the provisions of Subd. 4.B shall apply. Protection to the RFPE regulatory flood proteotion elevation shall be provided where failure or interruption of these public facilities would endanger the public health or safety or where such facilities are essential to the orderly functioning of the area. Where failure or interruption of service would not endanger life or health, a lesser degree of protection may be provided for minor or auxiliary roads, railroads or utilities. 5. All public utilities and facilities such as Qas. electrical. s.ewer and water supply systems to be located in the Floodplain shall be flood proofed in accordance with the State BuildinQ Code or elevated to above the RFPE. . 6. Anyon-site water supply or sewaQe treatment system to be replaced in the Floodplain must be connected to the municipal water supply and sewaQe treatment system. respectively. B. Applications for special permits shall be made to the Administrator by the owner of the land involved. , in triplicate. Five ~ copies of all submittal materials shall be provided. oversized exhibits may be required. The application shall be accompanied by a fee in an amount determined by resolution ordinanc of the City Council, and shall include the following information: . 1. When determined necessary by the Administrator. a report, prepared or signed by a licensed professional registered engineer, detailing the results of computer modelling modelinQ of the impact of the proposed structure or obstruction on the Floodplain. Information that must be presented in this report shall include but not necessarily be limited to: a statement of whether, and to what extent, the proposed structure or obstruction lies within the flood fringe or floodway; a quantification of any expected increase in flood heights due to the proposed structure or obstruction; a quantification of the expected impacts of any increase in flood heights on any upstream or adjacent property; and an explanation of any alternative construction options that have been investigated. The computer modelling modelinQ shall assume that there will be an equal degree of encroachment on both sides of the stream extending for a significant reach. The administrator may require the report to be accompanied by a computer disk containing the run data, in a computer modelinQ must be submitted in a format compatible with the hardware and software used by the City. Any such use which increases the Floodplain elevation by any amount in a desiQnated floodway or by more . than 0.5 foot in a desiQnated Zone A or Zone AE where a floodwav has not been desiQnated per reach, or for the cumulative effect of several reaches. is deemed to undulv decrease the capacity of the channel or Floodplain. In some cases. which will be determined on the basis of the detailed studies required bv the permit process. an increase in Floodplain elevation of less than 0.5 foot may also be found to cause unacceptable increases in flood damaQe. 2. Plans and specifications prepared by a Minnesota licensed professional registered land surveyor or engineer, showing: the nature, location, dimensions, and elevation of the lot or plot and existing and proposed structures or obstructions; the relationship of the lot or plot and existing and proposed structures or obstructions to the location of the channel; surface water drainage plans; cross-sections of the Floodplain on both sides of the stream bed; and longitudinal profiles of the stream bed at sufficient intervals to determine the impact of the proposed structure or obstruction. 3. Plans and specifications prepared by a licensed professional registered architect or engineer, showing: details of construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply (including withdrawal and discharge of ground and surface water), and sanitary facilities. . 4. Statement of the private and public benefits anticipated from the proposed structure or obstruction, and any hardship that may be imposed if the application is denied. C. The review process shall consist of the following steps: 1. Upon receipt of a fully completed application, it shall be forwarded first to the City Engineer. The City Engineer or a designated technical assistant shall be responsible for analyzing the information submitted to determine whether the subject property is located in the floodway or flood fringe or is consistent with Subd. 4.B of this Section. , what increase in flood heights '....ould be expected to occur because of the proposed '....ork, and '....hether unaccept3ble flood damages would result. The City Engineer may recommend a provisional approval to be finalized after review by the DNR Commissioner and the 83ssett Creek Commission BCWMC, may request additional information from the applicant in order to complete the analysis, may request that the applicant modify the plans in order to achieve an acceptable outcome, or may deny the application on the grounds of unacceptable location or unacceptable increase in flood heights or flood damages. . 2. If the application is provisionally recommended for approval by the City Engineer, the Administrator shall within five (5) business days submit two !.fl copies of the application and the City Engineer's report to the B3ssett Creek Commission BCWMC, allowing an interval of up to forty-five (45) days for review and comment. Another copy shall be submitted to the DNR Commissioner for review . and comment, with a minimum interval of ten (10) business days being allowed for such review and comment in addition to any time necessary for the actual transmittal of the application between offices. 3. After receiving the comments of both the DNR Commissioner and the B3ssett Creek Commission BCWMC, the Administrator shall route them, if necessary, back to the City Engineer, who shall repeat as much of subparagraph 1 as necessary in order to either deny the application or to recommend its approval. If the application is recommended for approval by the City Engineer, then the Administrator shall review the entire file for the application, including the comments submitted by all reviewing parties, and shall prepare and issue a permit containing all such conditions regulating the construction of the proposed structure or obstruction as may be deemed necessary to carry out the purposes of this Section. The permit shall be fully executed within fifteen (15) business days of the receipt of the last set of comments or recommendations. A copy of the approved special permit shall be forwarded by mail to the DNR Commissioner within ten (10) daysof issuance. . 4. If at any point in the application process the report of the City Engineer is that the application must be denied, then the Administrator shall, within five (5) business days of receiving the report of the City Engineer, prepare and forward to the applicant a letter explaining that the application is denied and outlining all reasons for the denial. Once an application has been denied, it may not be resubmitted in substantially the same form for a period of at least six (6) months following the date of the administrator's letter of explanation. Subdivision 7. Variances; Board of Zoning Appeals. A. The Board of Zoning Appeals shall hear and decide all appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of this Section. The Board shall hear all such interpretive appeals and all appeals for variances from the strict application of the terms of this Section in the same manner as it hears and decides appeals under Section 11.90 of this Chapter, except as otherwise provided for herein. The Board may issue variances to this Section when all of the following conditions are met: (1) because of the unique topography or other conditions of land involved, a literal application of the provisions hereof would impose undue hardship; (2) conditions are attached that assure compliance with the requirements of this Section insofar as practical; (3) the purpose and intent of this Section are observed; (4) there is no increase in the flood hazard or flood damage potential (no variance shall permit a lower degree of flood protection than the regulatory protection f!QQQ elevation flood protection elevation established by this Section); and f{)r the particul3r 3re3. the followino additional variance criteria of the Federal Emeroency Manaoement Aoency (FEMA): . 1. Variances shall not be issued within any desionated reoulatorv floodway if any increase in flood levels durino the base flood discharoe would result. . . . 2. Variances shall only be issued by a community upon (i) a showino of oood and sufficient cause, (in a determination that failure to orant the variance would result in exceptional hardship to the applicant, and (iin a determination that the orantinQ of a variance will not result in increased flood heiohts, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existino local laws or ordinances. 3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considerino the flood hazard, to afford relief. B. Application for variance shall be made to the Administrator in the same manner as an application for a special permit under this Section, and shall include the same required elements. The Administrator shall submit a copy of the application for review to the Bassett Creek Commission BCWMC and the DNR Commissioner within 45 days after receipt of the same from the applicant. The report of the Administrator shall accompany said application and shall include any other such data as the Administrator deems necessary for a complete review. There shall be a minimum interval of ten (10) days allowed for the review and comment by the DNR Commissioner, in addition to any time necessary for the actual transmittal of the application between offices, before the Board's hearing can take place. C. The Board shall hear and decide upon the application in the same manner it decides appeals under under Section 11.90 of this Chapter. The Board shall take no action in the .appeal unless 45 days have elapsed from the submission of the application to the B3ssett Creek Commission BCWMC and the DNR Commissioner; provided, however, that if reports or comments have been received from both the Bassett Creek Commission BCWMC and the DNR Commissioner prior to the expiration of the aforesaid 45-day period.. then the Board is empowered to thereupon act on said application prior to the end of said 45-day period. The recommendations of the Bassett Creek Commission BCWMC and the DNR Commissioner, if any, shall be appended to the application and the Administrator's report and considered by the Board in making its judgment. No variance shall be granted without full consideration of the standards, policies and purposes expressed in this Section and Chapter. The decision of the Board shall be subject to appeal to the Council in the same manner as other zoning appeals according to Section 11.90 of this Chapter. A copy of all decisions granting variances shall be forwarded by mail to the DNR Commissioner within ten (10) days of such action. D. Flood Insurance Notice and Record KeepinQ. The Administrator shall notify the applicant for a variance that: 1) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as hioh as $25 for $100 of insurance coveraoe, and 2) such construction below the 1 OO-year or reoional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, includino iustification for their . issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance ProQram. . . Subdivision 8. Lapse of Variance or Special Permit. If within one year after the issuance or grant of a special permit or variance, the owner or occupant shall not have substantially completed the work authorized by such special permit or variance, then the special permit or variance shall become null and void unless a petition for extension of time in which to perform such work has been granted. Such petition to extend time shall be in writing and filed with the Administrator more than 20 days before the expiration of one year from the date the original special permit or variance was issued or granted, shall state facts showing a good-faith attempt to use the special permit or variance, and shall state the additional time requested to complete such work. No such extension shall exceed one year. Such petition, if it relates to a variance, shall be considered in the same manner as the original request for variance. If the petition relates to a special permit, it shall be heard and decided in the same manner as the original petition for a special permit In determining under this Subdivision whether the petitioner has made a good-faith attempt to complete such work, such factors as the design, size, expense and type of the proposed work may be considered. Subdivision 9. Certified Record Drawings Certificate of Zoning Compliance. Upon completion of any work or project pursuant to a special permit or variance granted in accordance with this Section, and prior to the use or occupancy of the land or completion thereon of any obstruction permitted by the special permit or variance, the applicant shall submit a certification, prepared by a licensed registered professional engineer or land surveyor (as appropriate) that the permitted work, including, but not limited to, finished fill and building floor elevations, flood proofing, or other flood protection measures, has been completed in compliance with the provisions of this Section and in compliance with conditions contained in the special permit or variance. This certification shall include five (5) copies of certified record drawinQs of the work completed. The certified record drawinQs shall also be submitted in diQital format compatible with the City's computer hardware and software. The applicant shall be responsible forsubmittinQ an application for a Letter of Map Amendment to the FEMA. includinQ all costs associated with the submittal. Subdivision 10. Method for Determining Floodplain Boundary Location. All decisions reQardinQ the location of the Floodplain boundary will be based on elevations of the reQional (1 OO-vear) flood profile, the actual Qround elevations on the site and other available technical data. In all cases where application is made pursuant to this Section for interpretation of the existing Floodplain zoning elevations and determination of the exact boundaries of the Floodplain zone, as established by the Official Flood Zone Profile and Flood Insurance Rate Maps made a part hereof, the Administrator or a designated technical advisor shall: A. Obtain from the applicant, at the applicant's expense, a current survey of the property in question, signed by a licensed registered land surveyor. The . survey shall show exact elevations of the property and, if applicable, exact locations and elevations of any existing or proposed structures or obstructions. . . 8. Determine the Floodplain zone elevations from the Official Flood Zone Profile or information provided by the applicant. consistent with Subd. 6.8. C. If necessary, compute the floodway required to convey the regional flood without incroasing flood heights to an extent '1.'hich would cause substantial upstream or dO~J:nstream damage to existing or antioipated future development. Land within the Floodplain zone but outside of the floodwayshall be considered flood fringe. The cost of such computation shall be reimbursed by the applicant. Subdivision 11. Non-Conforming Obstructions, Uses and Structures. Notwithstanding Section 11.90, Subdivision 2 of this Chapter (Non-Confirming Uses), the following shall apply to all obstructions, structures and uses within. the Floodplain: A. Continuance. An obstruction or structure, or the use of a structure or premises, which was lawful before the effective date of this Section but which is not in conformity with the provisions of this Section may be continued subject to the following conditions: 1. No such obstruction, use or structure shall be replaced. expanded, changed, enlarged, or altered in any way. nor shall any parcel of land be redeveloped. without complying, in all respects, with this Section, including, but not limited to, the obtaining of.all required permits and variances. Any alteration. or addition to a nonconforming obstruction, use, or structure shall be elevated on fill as specified in Subd. 11.0.1. or adequately flood proofed to the RFPE regulatory flood proteotion elevation. Flood proofing shall be done in accordance with the FP-1 throuqh FP-4 appropriate flood proofing classification of the State Building Code as adopted by the City of Golden Valley. provided the cost of the alteration or addition does not exceed fifty percent (50%) of the market value of the existinq structure prior to the alteration or addition. The oost of any alterations or additions to a nonconf-orming obstruction, use, or struoture over the life of the obstruction, use, or structure shall not exceed fifty percent (50%) of the market '/alue unless such alteration or addition includes the elevation on fill or adequate FP-1 or FP-2 flood proofing to the RFPE regulatory flood protection elevation of the entire obstruction, use, or structure; and unless all other requirements of this Subdivision are met. The oost of all structural alterations and additions sinoe the adoption of the City's initial floodplain oontrols shall be calculated into today's current cost which ~NiII include all costs such as construction materials and a reasonable cost placed on all manpower or labor. 2. If such use of such obstruction or structure, or use of such premises, is discontinued for six consecutive months, any subsequent use of the obstruction, structure or premises shall comply, in all respects, with this Section, including, but not limited to, the obtain.ing of all required permits and variances. . 3. If any non-conforming obstruction or structure is destroyed or damaged by any means, including floods, to the extent that the cost of repairing or restoring such destruction or damage would be fifty (50) percent or more of the current market valuation then it shall not be reconstructed except in full compliance, in all respects, not limited to, the obtaining of all required permits and variances. 4. If a substantial improvement occurs, as defined in Subd. 3.20 of this Section, from any combination of a buildino addition to the outside dimensions of the existino buildino ora rehabilitation. reconstruction. alteration. or other improvement to the inside dimensions of an existino non-conformino buildino, then the buildino addition and the existino non-conformino buildino must meet the reQuirements of Subd. 11 of this Section. B. Certification of Non-Conforming Uses. Upon application and submittal to the Administrator of an appropriate certification by a licensed professional registered land surveyorJ. the Administrator shall certify to the owners of properties whose uses were lawful prior to the effective date of this Section that said properties, the uses thereof and the structures thereon were and are a legal non-conforming use which may be continued as specified in said certification and as permitted by this Chapter. . C. Nuisances. Uses or adjuncts thereof which are or become public nuisances shall not be entitled to continue as nonconforming uses. D. Additional Standards for Floodplain Non-Conformities. [onlv Non-Conformities?l 1. All new structures. includino accessory structures and additions to structures, that are not beino flood proofed in accordance with this Section, must be elevated on fill so that the lowest floor. includino basement floor. is at or above the RFPE. The finished fill elevation for structures shall be no lower than one (1) foot below the RFPE, and the fill shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon. 2. The storaoe of any materials or eQuipment shall be located outside of the floodway, and shall be elevated on fill to the RFPE. . 3. Alternative elevation methods other than the use of fill may be used to elevate a structure's lowest floor above the RFPE. Use of these alternative methods mustreceive written authorization from the Floodplain Administrator and the City Enoineer. These alternative methods may include the use of stilts. pilinos, parallel walls, etc.. or above-orade. enclosed areas such as crawl spaces or tuck under oaraoes. The base or floor of an enclosed area shall be considered above-orade and not a structure's lowest floor if: 1) the enclosed area is above-orade on at least one side of the structure; 2) it is desioned to internally flood and is constructed with flood- resistant materials; and 3) it is used solely for parkino of vehicles, buildino access or . storaqe. The above-noted alternative elevation methods are subiect to the followinq addition standards: (a) Oesiqn and certification - The structure's design and as-built condition must be certified by a licensed professional enqineer or architect as beinq in compliance with the qeneral desiqn standards of the State Buildinq Code and. specifically. that all wirinq. heatinq, ventilation, plumbinq and air conditioninq equipment and other service facilities must be at or above the RFPE, or be desiqned to prevent flood water from enterinq or accumulatinq within the components durinq times of floodinq. (b) Specific standards for above-qrade. enclosed areas - Above-qrade. fully enclosed areas such as crawl spaces or tuck under qaraqes must be desiqned to internally flood. and the desiqn plans must stipulate: . (1) A minimum area of openinqs in the walls where internal floodinq is to be used as a flood proofinq technique. There shall be a minimum of two openinqs on at least two sides of the structure, and the bottom of all openinqs shall be no hiqher than one (1) foot above-qrade. The automatic openinqs shall have a minimum net area of not less than one (1) square inch for every square foot subiect to floodinq unless a licensed professional enqineer or architect certifies that a smaller net are would suffice. The automatic openinqs may be equipped with screens, louvers. values or other coverinqs or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and, (2) The enclosed area will be desiqned of flood-resistant materials in accordance with the FP-3 or FP-4 classifications in the State Buildinq Code, and shall be used solely for buildinq access. parkinq of vehicles or storaqe. 4. Basements, as defined by this Section. in residential structures. shall not be allowed below the RFPE. Non-residential basements may be allowed below the RFPE provided the basement is structurally dry flood proofed in accordance with Subd. 11.0.7 of this Section. 5. All new principal structures must have vehicular access at or above an elevation not more than two (2) feet below the RFPE. If a variance to this requirement is qranted, the City must specify limitations on the period of use or occupancy of the structure for times of floodinq, and only after determininq that adequate flood warninq time and local flood emerqency response procedures exist. . 6. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchorinq may include, but are not limited to. the use of over the top or frame ties to qround anchors. This requirement is in addition to applicable state or local anchorinq reQuirements for resistinq wind forces. . . . 7. As an alternative. all areas of new or substantially improved non-residential structures. includinQ basements. to be placed below the RFPE shall be flood proofed in accordance with structurally dry flood proofinQ classifications in the State BuildinQ Code. Structurally dry flood proofinQ must meet the FP-1 or FP-2 flood proofinQ classification in the State BuildinQ Code. and this shall reQuire makinQ the structure watertiQht with the walls substantially impermeable to the passaQe of water and with structural components havinQ the capability of resistinQ hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood proofed to the FP-3 or FP-4 classifications shall not be permitted. 8. Commercial use - Accessory land uses. such asvards. railroad tracks and parkinQ lots. may be at elevations lower than the RFPE. However. a permit for such facilities to be used by the employees or the Qeneral public shall not be Qranted in the absence of a flood warninQ system that provides adeQuate time for evacuation. 9. ManufacturinQ and industrial uses - Measures shall be undertaken to minimize interference with normal plant operations. especially alonQ streams havinQ protracted flood durations. Certain accessory land uses. such as yards andparkinQ lots. may be at lower elevations subiect to reQuirements set out in this Section. 10. New manufactured home parks/subdivisions and new recreational vehicle campQrounds shall not be allowed within the Floodplain. Subdivision 12. Obstructions. A. The City shall have the right of reasonable entry upon lands in the Floodplain for the purpose of ingress and egress to the Floodplain, and the beds, banks and waters of the creeks, to remove any natural obstructions such as, but not limited to, trees, debris, litter and silt. B. It is unlawful for any person, without a special permit obtained pursuant to this Section, to place any obstruction in Bassett Creek, to obstruct the passage of watercraft or to interfere with the use by the public of the beds, banks, waters or channels of said Creek, except obstructions placed by the appropriate authority and used for Floodplain management, in which case adequate provision shall be made for portaging and passage of watercraft. C. Any artificial obstruction of the beds, banks, waters or channels of Bassett Creek or the Floodplain made subsequent to (date) the effective date of this Section and without first obtaining a special permit or variance therefore shall be removed by the owner of the adjoining land within 10 days after mailing to such owner of a demand so to do by the Administrator. If the owner shall fail or refuse to remove the obstruction, within said time, or if the owner cannot be found or . determined, the City may remove such obstruction and the cost thereof shall be paid by the owner on demand, or may be assessed against the land, and collected in the same manner as prescribed by law for levying and collecting special assessments for municipal improvements. Subdivision 13. Unlawful Act. It is unlawful for any person to violate any provision of this Section or fail to comply with any of its terms or requirements. Each day such violation continues shall be considered a separate offense. Each obstruction or use placed or maintained in the Floodplain in violation of this Section is hereby declared to be a public nuisance and creation thereof may be enjoined and the maintenance thereof abated by appropriate judicial action. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent, remedy or remove any violation. Subdivision 14. Amendments. . A. Complete documentation on any proposed amendments to this Section, including amendments to the Official Flood Zone Profile and Flood Insurance Rate Maps, must be submitted to the DNR Commissioner for review and approval, with a minimum of ten (10)days being allowed for such review in addition to any time necessary for the actual transmittal of the documents between offices; no public hearing shall be held by the Council with regard to the proposed amendment until the approval of the DNR Commissioner is received. TheB3ssett Creek Commission BCWMC shall also be notified of any proposed amendment to this Section at least 30 (thirty) days in advance of the scheduled public hearing. Amendments that would affect the Floodplain designation of any area must be approved by the FEMA before being adopted by the City. With all of these additional requirements incorporated, amendments to this Section shall be made in the manner provided for all zoning amendments pursuant to this chapter and in compliance with state law. B. There shall be no change made to the Official Flood Zone Profile or Flood Insurance Rate Maps that has the effect of removing or reducing the Floodplain designation of any area 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 RFPE regional fleeG-and is contiguous to lands outside of the Floodplain above the RFPE. Special exceptions to this rule may be permitted by the DNR Commissioner if it is determined that the area in question is adequately protected by other measures. Changes affecting the Floodplain designation of any area must also meet FEMA's Technical Conditions and Criteria. . Subdivision 15. Interpretation. In interpreting and applying the provisions of this Section, they shall be held to be the minimum requirements for the promotion of the public health, safety, prosperity and general welfare. It is not the intention of this Section to interfere with, abrogate or annul any covenant or other City Code provision; provided, however, where this Section imposes a greater restriction upon the use or improvement of any premises than those imposed or required by other . statutes, City Code provisions, rules, regulations, or permits of the City, State or the Bassett Creek Commission BCWMC, or by covenants or agreements, the provisions of this Section shall govern. Subdivision 16. Warning and Disclaimer of Liability. This Section does not imply that areas outside the Floodplain or land uses or obstructions permitted within the Floodplain will be free from flooding or flood damages. This Section shall not create liability on the part of the City or any official or employee thereof for any flood damages that result from reliance on this Section or any City action taken or administrative or Council decision lawfully made hereunder. Subdivision 17. Subdivision of Land. . A. Review Criteria. Noland shall be subdivided which is unsuitable for the reason of floodinQ, inadequate drainaQe. water supply or sewaQe treatment facilities. All lots within the Floodplain districts shall be able to contain a buildinQ site consistent with this Section at or above the RFPE. All subdivisions shall have water and sewaQe treatment facilities that comply with the provisions of this Section. and have road access both to the subdivision and to the individual buildinQ sites no lower than two feet below the RFPE. For all subdivisions in the Floodplain, the Floodway and Flood FrinQe District boundaries, areas of allowable encroachment for buildinQ sites in Zone A areas and Zone AE areas where a floodway has not been desiQnated. the RFPE and the required elevation of all access roads shall be clearly labeled on all required subdivisions drawinQs and plattinQ documents. B. Encroachment Studies in Zone A Areas and Zone AE Areas Where a Floodway Has Not Been DesiQnated. In Zone A areas and Zone AE areas where a floodway has not been desiQnated. applicants shall provide the information required in Subd. 6.B of this Section to determine the 1DD-year flood elevation. the areas suitable for encroachment for buildinQ sites and the RFPE for the subdivision site. C. Removal of Special Flood Hazard Area DesiQnation. FEMA has established criteria for removinQ the special flood hazard area desiQnation for certain structures properly elevated on fill above the 1 DD-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investiQated prior to the initiation of site preparation if a chanQe of special flood hazard area desiQnation will be requested. Subdivision 18. Additional Administrative Reauirements. . A. State and Federal Permits. Prior to QrantinQa permit or processinQ an application for a Conditional Use Permit (CUP) or variance. the Administrator shall determine that the applicant has obtained all necessary state and federal permits. . B. Certification. The applicant shall be required to submit certification by a licensed professional enQineer. architect or land surveyor that the finished fill and buildinQ elevations were accomplished in compliance with the provisions of this Section. Flood proofinQ measures shall be certified by a licensed professional enQineer or architect. . . C. Record of First Floor Elevation. The Administrator shall maintain a record of the elevation of the lowest floor (includinQ basement) of all new structures and alterations or additions to existinQ structures in the Floodplain. The Administrator shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood proofed. D. Notifications for Watercourse Alterations. The Administrator shall notify. in riverine situations. adiacent communities and the Commissioner of the Department of Natural Resources. prior to the community authorizinQ any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minnesota Statute. Chapter 103G. this shall suffice as adequate notice to the Commissioner of Natural Resources. A COpy of said notification shall also be submitted to the ChicaQo ReQional Office of FEMA. E. Notification to FEMA when Physical ChanQes Increase or Decrease the 100-Year Flood Elevation. As soon as is practicable. but not later than six (6) months after the date such supportinQ information becomes available. the Administrator shall notify the ChicaQo ReQional Office of FEMA of the chanQes by submittinQ a COpy of said technical or scientific data.