09-12-16 PC Agenda AGENDA
Planning Commission
Regular Meeting
Golden Valley City Hall, 7800 Golden Valley Road
Council Chambers
Monday, September 12, 2016
7 pm
1. Approval of Minutes
August 22, 2016, Regular Planning Commission Meeting
2. Informal Public Hearing — Zoning Code Text Amendment— Section 11.60:
Floodplain Management Zoning Overlay District—ZO00-108
Applicant: City of Golden Valley
Purpose: To consider updates to the Floodplain Management Zoning Overlay
District
--Short Recess--
3. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
4. Other Business
• Comprehensive Plan Land Use Discussion
• Council Liaison Report
5. Adjournment
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Regular Meeting of the
Golden Valley Planning Commission
August 22, 2016
A regular meeting of the Planning Commission was held at the Golden Valley City Hall,
Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday,
August 22, 2016. Chair Segelbaum called the meeting to order at 7 pm.
Those present were Planning Commissioners Baker, Blum, Johnson, Kluchka (arrived
at 8:18), and Waldhauser. Also present were Planning Manager Jason'Zimmerman,
Associate Planner/Grant Writer Emily Goellner, Planning Intern Chloe MeGuire Brigl,
and Administrative Assistant Lisa Wittman.
1. Approval of Minutes
July 25, 2016, Regular Planning Commission Meeting
MOVED by Waldhauser, seconded by Baker and motion carried unanimously to approve
the July 25, 2016, minutes as submitted.
2. Informal Public Hearing — Minor Subdivision — 26'Paisley Lane — SU12-20
Applicant: GreenWood De�ign Build, LLC
Address: 26 Paisley Lane
Purpose: To reconfigure the existing single family residential lot into two new
single family residential lots.
McGuire Brigl explained the applicant's request to subdivide the property at 26 Paisley
Lane into two new Iots. The exis#ing single family home would be demolished, and two
new single family homes would be constructed.
McGuire Brigl referred to.a site plan of the property and explained that Lot 1 would be
15,337 square feet in size and Lot 2 would be 16,369 square feet in size and both
proposed lots would have approximately 90 feet of width at the front setback line. She
added that the minimum lot size requirement for these lots is 15,000 square feet and the
minimum required width at the front setback line is 80 feet. She reviewed the conditions
for approval or denial outlined in the City Code and said staff is recommending approval
� of the proposed subdivision as it meets all of the requirements.
Waldhauser asked if there is a need for additional sewer and water access or if both
new lots will have access. Zimmerman stated that there is already one hook up from the
existing house so one additional hook up will be needed as a result of this subdivision.
Johnson referred to the tree preservation plan and asked how that is enforced.
Zimmerman stated that tree preservation plans have always been required as part of
the construction process and reminded the Commission that the Subdivision Code was
Minutes of the Golden Valley Planning Commission
August 22, 2016
Page 2
recently amended to require a tree survey before subdividing the property in order to
establish the number of significant trees, the species, and the location to accurately
track the trees before and after a subdivision.
Waldhauser noted that there are several ash trees on the property and asked if trees
that are likely to die or be removed are counted in the tree survey. Zimmerman stated
that the City Forester will review the tree survey and verify that the trees are healthy.
Johnson referred to the survey of the property and asked if the encroaching shed
located on the property to the south will have to be addressed. Zimmerman saicl,it does
not have to be addressed as a part of this proposal, but if a future prop�rty owner has
an issue with the location of the shed the neighbor to the south will 'have to move i#.
Segelbaum referred to the conditions for approval or denial and ask�d if the City could
only deny a subdivision if those conditions are not met. McGuire Brigl said yes.
Blum said he noticed that both of the proposed lots are larger than 15,000 square feet in
size and asked how the recently amended subdivision regulations �ffected this
proposal. McGuire Brigl explained that if the properties within 250 feet of the subject
property are greater than 18,000 square feet on average then the newly subdivided lots
have to be 15,000 square feet in size. Baker asked how many lots were within 250 feet.
Zimmerman said there were between 12 and 20 lots taken into consideration.
Scott Loehrer, GreenWood Design Build, Applicant representing the property owner,
said this is the first subdivision they have ''done, but they've done work in Golden Valley
in the past and that these are great lots:
Johnson said the City has heard complaints from residents about noise and asked
Loehrer if he has anyplans to rnanage the neighbors' concerns. Loehrer said he tries
hard to communicate with neighbors. He said he doesn't let his crews start until after 7
am and tries to have wark end by 5 or 6 pm. He said the challenge is if he makes the
work hours shorter it takes longer to build the houses.
Baker stated that this neighborhood has had several homes being built at the same time
and the City has heard complaints about obstructions in the road. Loehrer said he or
one of his job,supervisors is on site every day and they are pretty strict about making
sure they are parking on only one side of the street and that they are not blocking
mailboxes, etc. Zimmerman noted that the City has a construction agreement that
builders sigr� stating they understand the City's regulations regarding hours, noise, etc.
Baker asked Loehrer if they will be constructing both new homes at the same time.
Loehrer said yes. Segelbaum asked if these will be custom homes. Loehrer said yes.
Segelbaum asked Loehrer if he has any philosophies regarding saving trees. Loehrer
said they try to save trees whenever possible but they don't save trees that they know
are going to die. He added that trees make the properties look better and there is
additional cost to remove them.
Minutes of the Golden Valley Planning Commission
August 22, 2016
Page 3
Segelbaum asked about the size of the proposed homes. Loehrer said they will be two-
story homes approximately 3,000 square feet in size or more if they have a basement.
Segelbaum opened the public hearing.
Peggy Newstrom, 6100 Glenwood Avenue, said it makes her sad to lose so much green
space and the hawks and bunnies on the property will have a hard time. She noted that
there have been three new homes built on Brunswick Ave. recently and two of the
neighboring properties have had water damage. She said the foundations of the new
homes being so high can cause flooding on other properties and she is cancerned about
flooding in her home and losing plants in her yard. She submitted a lett�r addressing her
concerns and said she would be happy to meet with the City Engineer.`
John Segner, 125 Paisley Lane, said he agrees with the previous speaker. He said over
the past 3 to 4 years there have been 5 or 6 subdivisions in the area and there have been
some water issues and flooding in his back yard. He said he doesn't think the tree survey
that was done is anywhere near accurate. He went to the property and did a tree survey
and said that they will take down approximately 400 feet of trees. He said they will be
taking down close to 10 trees, the diameter of which is close to 2� feet and he doesn't
know how they are going to replace as many trees as they are suggesting. He said
tonight is the first time he has seen the developers proposal and he has just learned that
the homes will be placed as far into the front yards as possible which will be the most
intrusive location and will result in the highest number of trees coming down. He said he
is highly skeptical of the tree survey and r�oted tha# the mailing he received from the
applicant had errors. He said the combination of the trees, the flooding, and the amount of
development in this neighborhood is disa'ppointing. He said he understands the 15,000
square foot requirement is an atternpt to mitigate some of the issues, but it is dramatically
changing the neighborhood and the idea of going through another summer of construction
is really frustrating.
Johnson asked Segner if he has experienced flooding. Segner said yes, there was new
construction on the street behind him and the water that was supposed to go toward their
front yards is now going into his`backyard and flooding it out.
Kathy Watkins, 112 f'aisley Lane, said she is very saddened by this house being torn
down because it was always well maintained. She said from what she can tell all the trees
will have to come down to make room for these two new houses. She added that the front
of her yard is below the street level and it ponds every spring and it takes a long time for
the rain water to soak in. She said she knows from all the construction in the
neighborhood that they always raise the foundations up and that means more water in her
yard. She said there are several neighbors who get more water in their yards than they
used to. She said she is concerned about more drainage coming into her yard and
questioned who will take care of it. She said she also doesn't want vacant-looking lots
with weeds, tall grass, and big holes like some of the ones that have been sitting for well
over a year.
Ellen Mickelson, 6140 Glenwood Avenue, said she agrees with what her neighbors have
said and noted that her living room will face these two new homes which is disappointing.
Minutes of the Golden Valley Planning Commission
August 22, 2016
Page 4
She stated that staff said that this proposal is preserving the character of the
neighborhood and questioned how. She said it is not because they are tearing down trees
and putting up two-story homes. She said she is concerned about drainage, damage to
her foundation and to the drainage system she recently installed. She said she has spent
a lot of effort making her yard beautiful and she doesn't want any of the trees to be
damaged. She said she is also concerned about noise and asked what happened to the
moratorium and if that was done just for fun. She asked if the location of her shed would
be grandfathered in and said it is not right that she should have to spend money to move
it.
Peggy Newstrom, 6100 Glenwood Avenue, said she wants the builder to be awa�'e of how
terrible the soils are, and of the natural springs in the area.
Seeing and hearing no one else wishing to comment, Segelbaum closed the public
hearing.
Baker said the common theme is the flooding issues and asked about the code
requirements in regard to raising the grade of a property, Segelk�aum asked about the
code requirements relative to water run-off. Zimrnerman said the code only allows a one-
foot difference in height when a house is removed and a new one is built in its place. He
explained that the code allows the City Engineer to establish a new base grade when a
home is built in a new location and that some lots need to be raised in order to get the
correct drainage. He stated that the amount of water flow off the lot should be no more
than what is there today and that rnore detailed plans for grading and drainage are
submitted during the building permit process. He added that the builder is responsible for
making sure that the grading matches any approved plans. He said that staff would take a
look at the other properties recently cc�nstructed on Paisley Lane. Segelbaum asked if the
focus is on making sure that run-vff is not worsened. Zimmerman said yes. Segelbaum
asked what recourse neighbors have. Zimmerman said that staff can hold builders to the
plans that were approved by th� City. Baker referred to the survey and noted that it shows
that the water will flow west toward the street and between the lot lines down to the street.
He said he would like to know to`what extent the City can ensure the outcome.
Zimmerman reiterated that the builder will be held to the approved grading and drainage
plans. Baker questioned if rain gardens could be a possibility in this case. Zimmerman
said that is a potential way to meet the standards. Waldhauser asked if installing catch
basins would be a:n option. Zimmerman said he didn't know.
Segelbaum asked if the tree survey is certified. Zimmerman said yes. He explained that
the code requires a survey to be done by a certified professional and reiterated that the
City Forester will verify its accuracy.
Segelbaum asked how far forward a home could be placed on the lot. Zimmerman stated
that the front yard setback is 35 feet, but that the home could be placed anywhere within
the buildable area.
Baker asked about the height and depth requirements. Zimmerman reviewed the "tent-
shaped" setback requirements.
Minutes of the Golden Valley Planning Commission
August 22, 2016
Page 5
Segelbaum asked how long a lot can be left unbuilt. Zimmerman said there is no time limit
to build, but there are property maintenance requirements in regard to mowing, weeds,
etc.
Baker asked if a neighborhood meeting is required for subdivisions. Zimmerman said if it
is a straightForward request with no variances a meeting with the neighborhood is not
required. However, the applicant is required to mail a summary of their proposal to the
neighbors.
Baker asked Zimmerman to address the question about the recent subdivision
moratorium. Zimmerman explained that the moratorium occurred at the end of 2Q14. The
City worked with a consultant and as a result changes were made to lot size, depth, and
setback requirements, and several of the definitions. Baker stated that the subdivision
study was not an easy process and he believes the outcome was a more restrictive
subdivision code. He added that the moratorium was not ineffective but that the City may
need another one in the future. He suggested people push the City Council for more
review of the subdivision code.
Segelbaum asked about the standards used for considering the character of the
neighborhood. Zimmerman said that is hard to quar�tify. Some people think the character
of the neighborhood means the trees, some think it is the size of the lots, and some think
it is the architecture. Segelbaum asked if it is the Planning Commissioner's charge to
consider those things. Zimmerman said their charge is to address the quantitative issues,
not the qualitative issues.
Baker asked for clarification about the shed located on the property to the south.
Zimmerman stated that the shed was built across the property line so it would not be
grandfathered in. He added that if the new property owner wanted it moved, the neighbor
to the south would have to move it to a conforming location.
Segelbaum asked Loehrer to address the concerns about drainage. Loehrer said they try
really hard to make neighbors happy. He said in this case he can get all of the water to go
down the middle of the lots and to the street. He said the property to the north will
probably always be wet and that he could install rain gardens, but most water issues
occur in the spring when the ground is still frozen so rain gardens don't always work. He
added that the City``is strict about grading and drainage issues and they won't issue a
Certificate of Occupancy if it is done wrong.
Johnson said they keep hearing concerns about excessive wetness and that there is
more water in this area than there used to be, so it doesn't seem like the drainage plans
are working, or the problems are being addressed. Baker agreed and said the lack of
recourse is troubling. He said they should really impress upon the City Engineer the
issues and the soil conditions and let him know that he should be extra careful to avoid
allowing drainage onto other properties. Segelbaum agreed that it would be worthwhile to
emphasize the issues in this area. Waldhauser said she doesn't know what goes into the
engineers' calculations such as trees and the amount of hardscape. Zimmerman said he
Minutes of the Golden Valley Planning Commission
August 22, 2016
Page 6
would get some clarification from the City Engineer. Waldhauser added that weather
events have been increasingly difficult to deal with and they can't hold homeowners or
developers responsible for the weather.
Segelbaum said he doesn't see any basis to deny this proposal and noted that the City
has made several changes to the subdivision code to hopefully improve the situation.
MOVED by Baker, seconded by Waldhauser and motion carried unanimously to
recommend approval of the proposed minor subdivision subject to the follawing findings
and conditions:
Findinps:
1. Both of the lots of the proposed subdivision meet the requirements of the R-1 Single
Family Zoning District.
2. The City Engineer finds that the lots are buildable.
3. The addition of the new lots will not place an undue strain on City utifity systems.
Conditions:
1. Proposed public easements consistent with the subdivision ordinance must be
dedicated and shown on the Final Plat.
2. The City Attorney will determine if a title review is necessary prior to approval of the
Final Plat.
3. A park dedication fee of$3,900 shall be paid before release of the Final Plat.
4. A deferred special assessment of$4,900 shall be paid before release of the Final
Plat.
--Short Recess--
3. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board Qf Zoning Appeals and other Meetings
Zimmerman stated that the City Council will be appointing a new Planning Commission
member at their next meeting.
Kluchka stated that the West End PUD amendment proposal was approved and that Phil
and Linda fram tMe GV Foundation would like to be a part of the group that works on the
public art for that project. Kluchka and Johnson both said they would like to volunteer to
be a part of th� group as well.
Segelbaum asked about the status of The Xenia and Hello apartment proposals.
Zimmerman said both projects are still moving forward.
Goellner reminded the Commissioners of the upcoming Comprehensive Plan Open
House on September 19 and asked the Commissioners if they would help at the event.
Minutes of the Golden Valley Planning Commission
August 22, 2016
Page 7
4. Other Business
• Council Liaison Report
Council Member Schmidgall gave an update on a pre-bid construction meeting he
attended regarding the Brookview remodel. He also discussed the last Council meeting
where they approved changes to the winter parking restrictions. Cars are now allowed to
park in the street until 2 am rather than midnight.
• Outdoor Storage Discussion
McGuire Brigl said staff would like to get the Commissioners feedback on outdoor
storage regulations in order to help clarify the language in the Zoning Code regarding
outdoor storage in all zoning districts. She reviewed some of the current regulations in
several of the zoning districts and noted that the key challenges include: interpreting the
screening requirements, the storage of recreational vehicles in the R-1 and R-2 zoning
districts, what issues to address in the CommerGial and Business Professional Offices
zoning districts, and how to accommodate car dealerships storage of vehicles.
McGuire Brigl showed the Commission several pictures of properties that are in
violation of the Zoning Code and asked them for their feecfyback.
Waldhauser said thinks it is ok to allow items to be parked on a paved surface, and not
necessarily on a driveway.
Schmidgall referred to th� International Property Maintenance Code and said many
regulations regarding outdoor storage might already be in that document.
Blum asked if there are regulations regarding the number of vehicles a property owner
can park on their dri�eway. Baker said he thinks the City needs to be cautious about
people's use of their privat�: property and that it doesn't seem fair to be too strict.
Segelbaurn said he'would like to see what other cities require and asked if staff has
surveyed other cities requirements. McGuire Brigl said yes. She added that one of the
main areas staff would I`ike to focus on is screening. It is unclear in the current code
language how much screening is required and who items should be screened from such
as neighboring properties, or from the street right-of-way.
Baker said he thinks it might be helpful to merge some of the zoning district's outdoor
storage requirements into one place. Zimmerman stated that there could be one section
of code related to outdoor storage similar to the fencing section.
Kluchka said he would like help identifying the problems, or the complaints staff
receives in order to help address the issues. Baker agreed and said it would be good to
prioritize the issues.
Minutes of the Golden Valley Planning Commission
August 22, 2016
Page 8
Blum suggested that on-street parking regulations should be studied in anticipation of
the light rail project. Baker stated that he is sympathetic to parking issues because
people have to be able to park their cars someplace. Segelbaum agreed that he doesn't
want the City to be too strict. Blum suggested issuing temporary parking permits or a
seasonal permit that keeps people from abusing the parking requirements. Baker said
he thinks the City can create some functional rules such as time limits, etc.
Johnson asked what kind of job staff is doing in enforcing the complaints received.
Zimmerman explained the violation and citation process.
Blum said that he finds it odd when two fences are next to each other and said it would
be good to understand the safety issues involved such as the space needed for safety
vehicles and what happens if fences block emergency access. H`e sug�ested that there
be a slight setback for fences. Waldhauser expressed concern about fence setbacks
because there is then the question of who maintains the space between two'fences.
Segelbaum questioned the importance of screening between two properties in the same
district or if the focus should be on screening outdoor storage on properties that are
adjacent to residential zoning districts. Goellner st�ted that for adrninistration purposes
all Industrial or Commercial properties should be treated the same, and that it can be
burdensome to administer code if we require that eertain properties have different
requirements. Waldhauser noted that properties have different setback requirements
when they are adjacent to residential properties.'
Zimmerman discussed auto dealership storage. He stated that the City has received
complaints and staff has met with dealers'hips regarding storage of their inventory in
parking ramps and in parking lots thr4ughout the City. Baker said he thinks dealerships
should be allowed to store their inventory in parking ramps and questioned if the issues
could be solved by allowing auto storage lots. Zimmerman said they could change the
code to allow parking lots to be used just for auto storage and that language could be
added regarding screening and maintenance of storage lots. Baker said he would want
to get auto dealers perspective be�ore changes are made to the code. Goellner asked
the Commissioners if they would`be open to allowing landscaped screening instead of
fencing on surface storage lots. The consensus was that the Commission would be ok
with landscaping or fencing for screening.
Kluchka referred td auto repair businesses and asked if maintenance or the number of
cars stored in'the parking lot are regulated. Zimmerman said the City does not regulate
those issues. Segelbaum said he thinks they would be worth addressing.
• Comprehensive Plan Land Use Discussion
Zimmerman stated that due to the late hour this item could be postponed to the next
Planning Commission meeting. The Commissioners agreed. Zimmerman said he would
send the Commissioners a copy of the PowerPoint presentation he prepared.
Minutes of the Golden Valley Planning Commission
August 22, 2016
Page 9
5. Adjournment
The meeting was adjourned at 9:17 pm.
John Kluchka, Secretary Lisa Wittman, Administrative Assistant
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C�l���t MEMt'3 �2A � �� UM
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�t�. . �.'� Physical Development Department
763-593-8095/763-593-8709(fax)
Date: September 6, 2016
To: Planning Commission
From: Jeff Oliver, City Engineer
Eric Eckman, Public Works Specialist
Subject: Floodplain Management Zoning Overlay District update
The City of Golden Valley has a floodplain management code (Section 11.60 of City Code)that
serves to guide and regulate the orderly development of land within the floodplain of Bassett
Creek and its tributaries. The code is a requirement of the City's participation in the National
Flood Insurance Program which allows property owners in Golden Valley to purchase flood
insurance.
The code includes an official flood zone map and profile consisting of the Flood Insurance Rate
Map panels and Flood Insurance Study provided by the Federal Emergency Management Agency
(FEMA). FEMA requires that the City update its floodplain management code whenever the flood
zone maps and profiles are updated by FEMA.
FEMA recently completed updates to its maps and study for Hennepin County with an effective
date of November 4, 2016. Although there are no significant changes to the maps or flood
elevations in Golden Valley in this update,the City must incorporate the updated maps into its
code and submit the adopted code to FEMA before the effective date in order to avoid
suspension from the National Flood Insurance Program.
Attached to this memorandum is a strikethrough/underline version and a clean version of the
updated ordinance for your review.
The draft ordinance revisions have been reviewed by the City Attorney and the Minnesota
Department of Natural Resources (MnDNR), and are currently being reviewed by the Bassett
Creek Watershed Management Commission (BCWMCj. The MnDNR, who coordinates the
National Flood Insurance Program for Minnesota, has issued a conditional letter of approval
which is attached to this memorandum for reference.
G:\Flood Amendments\Ordinance Revisions�2016 Revision\Floodplain_Ord_update_memo.docx
Along with incorporating the new maps and study into the City's floodplain management code,
the MnDNR recommended that a number of definitions be added and sections revised for
conformance with state and federal laws. Additionally, revisions were made to ensure
consistency with the recently adopted BCWMC Watershed Management Plan. Below is a
summary of the changes to the code:
1. Subdivision 2. District Established - Incorporating the new flood insurance rate maps and
flood insurance study, effective November 4, 2016
2. Subdivision 3. Definitions-Several definitions were added, deleted, or modified as
recommended by MnDNR
3. Subdivision 4. General Rules and Prohibitions Affecting Uses and Subdivision 6. Special
Permits- Revisions were made to reflect the BCWMC policies regarding "no net loss in
floodplain storage" and "no increase in floodplain elevations"
4. Subdivision 5. Uses permitted by right- Provisions were added for non-residential parking
areas
5. Subdivision 7. Variances— Revisions were made for consistency with Minnesota law and
Section 11.90 of City Code and to include language mandated by FEMA.
6. Subdivision 11. Non-conforming obstructions, uses and structures—Clarified that no new
structures are allowed in the floodplain
7. Subdivision 19. Subdivision of land—Based on MnDNR recommendation, provisions were
added to ensure that subdivisions and building sites within or near flood prone areas are
suitable for development
Attachments
• Correspondence from the Minnesota Department of Natural Resources Central Office
dated August 19, 2016 (2 pages)
• Proposed City Code Amending Section 11.60: Floodplain Management Zoning Overlay
District (underline/strikeout version, 26 pages)
• Proposed Section 11.60: Floodplain Management Zoning Overlay District (clean version 23
pages)
Recommendation
Staff recommends approval of the amendment to Section 11.60 of the City Code updating the
City's floodplain management code.
MINNESOTA DEPARTMENT OF NATURAL RESOURCES
CENTRAL OFFICE
500 LAFAYETTE ROAD,BOX 25
SAINT PAUL,MN 55155
MNDfrJR 651-296-6157
88$-646-6367
August 19, 2016
The Honorable Shep Harris
Mayor, City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
CONDITIONAL STATB APPROVAL OF FLOODPLAIN ORDINANCE& REQUIRED NEXT STEPS
Dear Honorable Mayor Harris,
The Department of Natural Resources (DNR} received via emaii on August 16, 2016, a draft floodplain
management ordinance for the City of Golden Valley from Public Works Specialist Eric Eckman.This
ordinance is being adopted in order to incorpvrate the Flood Insurance Study, Hennepin County,
Minnesota and Incorporated Areas and the accompanying Flaod Insurance Rate Map paneis with an
effective date of November 4, 2016.
The draft ordinance will need a couple of minor corrections and additions to meet state and FEMA
standards:
• Consider adding definition for"Flood Insurance Rate Map" consistent with 44 CFR§59.1.While
this definition was not in the model, adding this definition will add clarity when cross
referencing the Flood Insurance Study.
• Please verify that the correct provisions are being referenced in the ordinance. One specific
correction to note is contained in Section 11.60,Subd. 2 (B & F),which should instead
reference Subd. 2E.
These suggested changes are noted in the relevant pages of the enclosed draft.We apalogize for the
first item and are planning to correct the model ordinance accordingly.
Apart from the above items,the draft floodplain management ordinance is in compliance with the
state floodplain management rules (MR 6120.5000 to 6120.6200) and,to the best of my knowledge,
with the floodplain management standards of the Federal Emergency Management Agency.Therefore,
in accordance with Minnesota Statutes, Chapter 103F, I hereby give conditional state approval of the
draft floodplain management ordinance, pravided the above - mentioned revisions are made.
This approval is valid upon adoption of the draft ordinance by the city and receipt by this office of one
(1) copy each of the adopted ordinance(signed and stamped w�th the community seal), the
� PRINTED ON RECYCLED PAPER CONTAINING A mndnr.gov 500 LAFAYETTE ROAD•SAINT PAUL,MN 55155
�� MINIMUM OF 10%POST-CONSUMER WASTE AN EQUAL OPPORTUNITY EMPLOYER
ai�"rdavit of publication,and the completed"Ordinance Certification Checklist"that I have
enclosed. Please forward these documents to Ceil Strauss,the DNR's State NFIP Coordinator in St.
I'aul at Che address above in the header. Upon receipt and verification,Ms. Strauss will transmit one
copy of these materials to Mr.John Devine at FEMA's Chicago Regional Office.
Please remember, FEMA must receive a signed,certified,and in-effect ordinance no later than
November 4,2016.To allow sufficient time for processing and transmittal,we request that you
submit the requested materiats to the DNR no later than November 1 201h IfFEMA has not
recefved the documentation by the map e�`'ective date,FEMA will suspend the City from the
National Flood Insurance Program.
Please be advised that any future amendments of this ordinance or change in the designation of flodd
prone areas require prior approval of the Commissioner. In addition,you are required to send copies
of hearing notices and final decisions pertaining to variance,conditional uses,and ordinance
amendments to this agency. Please send those to State NFIP Coordinator Ceil Strauss at the above
address. Should you have any questions on this ordinance or related matters,please contact Ms.
Strauss at(651) 259-5713 or ceil.strauss@state.mn.us.
While our office in St. Paul will continue to be the main contact For the ordinance update,your DNR
Area Hydrologist will continue to be your main contact for day to day assistance with administering
your floodplain management ordinance and questions about other DNR water-related programs and
permits. Your Area Hydrologist is Kate Drewry,who can be contacted at 651-259-5753 or
kate.drewry@state.mn.us.
The DNR greatly appreciates your community's cooperation and initiative in providing for the
reduction of flood damages through the adoption and administration of this ordinance.
Since ely,
, �
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�� �nnifer Shiltcox `` �-
Land Use Section Supervisor
Enclosures: Ordinance Certification Checklist
ec: Eric Eckman, Public Works Specialist-City of Golden Valley
Terri Yearwood, DNR Eco-Waters' Regional Manager
Jeanne Daniels, DNR Eco-Waters' District Manager
Kate Drewry,Area Hydrologist
§ 11.60
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 " ' " are an
invaluable land resource; that lands within the Floodplain (defined below) 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 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 �kre Bassett Creek
and other water 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 ,
to maximize the coordinated efforts of all members of the Bassett Creek
Water 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 103F, and is
in conformance with the Management Plan for the BCWMC.
D. In addition to the foregoing, 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
e t�+�.�'s eligibility in the National Flood Insurance Program.
E. This ordinance is also intended to qreserve the natural characteristics and
f n ions of watercourses and flood�lains in order to moderate flood an
�tormwater imnacts, imarove water aualitv, reduce soil erosion, protect
Golden Valley City Code Page 1 of 26
� 11.60
auatic and rinarian habitat nrovide recreational onnortuni ies nrovide
esthetic benefits and enhance communitv and conomic develo�ment
Subdivision 2. District Established
A This Section an�lies to all lands within the iurisdiction of the Cit-v Sh�wn nn
the Official Zonina Man and/or the attachments to the mao as beina located
within the boundaries of th Floodalain and such area shall be referred to as
he "Floodnlain Manaaement District" The Floodolain Manaaement District is
�n overlav district that is sunerimnosed on all existin� zonina districts The
andards imoosed in the overlav district are in addition to anv other
rea�irements in�his �haoter In case of a conflict bPtwPPn thi� SP�tinn anrl
�nu other Section of the Citv Code, the more restrictive standards will anqlv
B_ The Flood�l in Manaaement District includes those areas within Zone AE or
Zone A a� �hc�wn c�n #:h� F[oad lnsur�r�c� ���� M�p adopted in Subd. 2.E
_
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• �- �d-�--c�t�--��
����---�t���-�-a��-i�a��--(`� . . .
eFe�a�et�Base Flood Elevations for regional flood events
�-1�ett��a�-+t�g-�#e �.
s-�e�r�-at�d��--��e�ut� ' a�r
etermined bv referencina the Flood In urance Studv referr d to in Subd
2.F below, and hvdraulic models develo�ed and maintained bv the BCWMC.
This method of identifying flood hazard areas is consistent with the standards
established by the Minnesota Department of Natural Resources.
D Where onflict exists between the Floodolain limits illustrated on the Official
Zonina M o and actual field conditions the flood elevations shall th
verni_n�c_factor The Administrator shall internret the boundarv location
ased on the around elevations that existed on the site on the date of the
first National Flood Insurance Proaram man showina the area within the
re�ulatory floodplain and other available technical data
E. �--The Official Flood Zone Profile and Map are hereby adopted by reference
and made a part of this Section. The profile and map are on file in the City's
R�-�e -l�et-�Phvsical Develo men Department, and are open to inspection
by the public during normal business hours of the City.
F. �-: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. 2.$.�, indicating the location of the Floodplain zones,
shall be on file in the City offices for informational purposes. ,
Golden Valley City Code Page 2 of 26
§ 11.60
�r�'i�-�i-�c,i--If}Gt`i�+E�i�-$� '�=,2`au�-�r c
�ir��riicri-rs�"��f'�;� r..i- Fr.ri-h ;r, +-hf� �..� , �
��e e�-z�a�=,�r�#f+e-�-���=�� ��8-�II�:��;��-�
� a � The
fQllowina mans toqether with all attached material are herebv adoqted bv
reference and declared to be a nart of the OfFicial Zonina Maa and this
Section The attached material includes the Flood Insurance Studu for
Hennepin Countv, Minnesota, and Incordorated Areas, dated November 4.
2016 ..�nd the Flood Insurance Rate Maq aanels enumerated below, dated
November 4, 2016, all prenared by th� �e��r°�I �r��rg�r�cy Man�r��me��t
— _
A��nc�. These materials are on file in the Citv'� Physical Develapment
De�..a men .
Effective Flood Insurance Rate Man nanels:
27053C0194F
27053CO213F
27053CO214F
27053C0332F
27053C0351F
27053C0352F
27Q��C0354F
�
Subdivision 3. Definitions
The following terms, as used in this Section, shall have the meanings as
stated, whether or not ca i I'z
A. ' Administrator: The City Manager or his/her
designee, who in consultation with the City Engineer, the technical advisors
of the BCWMC, and other staff or outside technical experts as necessary,
shall be responsible for discharging the administrative duties entailed by this
Section.
B. B FI : The fl d havin on ercent chance f b in al r
exceeded in anv aiven vear. This is the reaulatorv standard also referred to
as the "100-vear flood." The base flood is the national standard used bv the
National Flood Insurance Proaram (NFIP� and all Federal aaencies for the
aurnoses of reauirina the qurchase of flood insurance and reaulatina new
eveloament. Base Flood Elevations IBFEs� are tv�icallv shown on Flood
Insurance Rate Mans (FIRMs).
� B�se Flood Elevation� The elevation of the Reqional Flood The term Base
Flood Elevation is used in the flood insurance surve�
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3 11.60
D. E:Basement: Any area of a structure, including crawl spaces having its floor
or base subgrade (below ground level) on all four (4) sides, regardless of the
depth of excavation below ground level.
E. B—BCWMC: The Bassett Creek �e�Watershed Management Commission.
— �.._
F, D�v�loumen�• Anv manmade chanae to imqroved or unimnroved real
estate, includina buil in or other structures, minin dredaina fillin�
c�_n�pavina excavation or drillinc� operations or storaQe of eauiqment or
materials•
G. f-:-DNR Commissioner: The Commissioner of the Minnesota Department of
Natural Resources.
H. G:-Fill: Any material or combination of materials used in filling.
I �-: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.
� �—Flood Fringe: That portion of the Floodplain located outside of the
floodway. The flood fringe shall include those Zone AE areas outside of the
floodway as shown on the Flood Insurance Rate Map panels adopted in Subd.
2.�E. For lakes wetlands and other basins that do not have a floodwav
delineated the Flood Frinae also includes those areas below the 1% annual
chance (100-vearl flood elevation but above the ordinarv hiah watPr IPVPI a�
defined in Minnesota Statutes. Section 103G.005, subdivision 14. For those
Zone A and Zone AE areas as shown on the Flood Insurance Rate Map panels
adopted in Subd. 2.$E, where floodway/flood fringe boundaries are not
shown in Zone A or Zone AE, an applicant for a Special Permit in the
floodplain must meet the provisions of Subd. 4B4 of this ordinance.
K Flood Insurance Rate Man (FIRM)� An offi ial maq on whi h th Federal
Insurance Administrator has delineated both the soecial hazard areas and the
ri k nremium zones a�nlicable the itv A FIRM that has been made
vailable diaitall is called a Diaital Flood Insurance Rate Man (DFIRMI
L. Flood Prone Area� Anv land suscentible to beina in�ndated bv water fr�m
a�ource.
Golden Valley City Code Page 4 of 26
§ 11.60
M Flood Proofin4• A combination of structural nrovisions chanaes or
iustments to nronerties and structure subiect to floodina nrimarilv for the
reduction or elimination of flood damaaes.
IV. 3—Floodplain: Those areas within the City which include the beds proper and
the areas adjoining Bassett Creek or its tributaries which have been or
hereafter may be covered by t-#�ea regional flood. The Floodplain shall be
further divided into the floodway and the flood fringe.
O Floodnlain Manaaement District• The district established bv and defined
in Subdivision 2 of this Section.
+�------
P. -�-Floodway: The channels of Bassett Creek and its tributaries plus those
portions of the Floodplain which are required to convey the regional flood
discharge and store the runoff from the regional flood. The floodway shall
include those floodway areas as shown on the Flood Insurance Rate Map
panels adopted in Subd. 2.-BE. For those Zone A and Zone AE areas as shown
on the Flood Insurance Rate Map panels adopted in Subd. 2.$E, where the
floodway/flood fringe boundaries are not shown, an applicant for a Special
Permit in the floodplain must meet the provisions of Subd. 4-.B4 of this
ordinance.
� P44—Lowest Floor: The lowest floor on 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
s�h enclosure is not built so as to render the structure in violation of the
aqqlicable non-elevation desian requirements of 44 Code of Federal
Reaulations Part 60 3
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�, New Construction: Structures, includina addi inn_ and imarov ments for
which_the start�f construction commenced on or after the effective date of
t i� Section or the effective date of ao�licable amendments to this Section
S. �-0bstruction: Any storage or placement of material or equipment, any
dam, wall, wharf, embankment, levee, road, dike, pile, object, abutment,
Golden Valley City Code Page 5 of 26
§ 11.60
projection, excavation, channel rectification, culvert, conduit, nine, 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.
�—.__...—
T. One Hundred Year Floodnlain� Lands inundated bv a reaional fiood
tJ. i�:-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 jurisdictions, dated , ,November 44
2 16 including the Flood Insurance Rate Maps for the City of Golden Valley,
panels 27053C0194�F, 27053CO213�F, 27053CO214�F, 27053C0332�F,
27053C0351�F, 27053C0352 , , ,
, �-�--���rµ�.�
_ ���rc-�--�� ��-�-�4 -� , ,
s�t.�-���e�-���e+�:F and 27053C0354F, dated November 4. 2016.
V. �-: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 (2)
consecutive bridges would constitute a reach.
W. �Recreational Vehicle: A vehicle that is built on a single chassis, is four
hundred (400) square feet or less when measured at the largest horizontal
projection, is designed to be self-propelled or is permanently towable by a
light-duty truck, and is designed primarily not for use as a permanent
dwelling, but as a temporary living quarters for recreational, camping, travel
or seasonal use. For the purposes of this Section, the term recreational
vehicle shall be synonymous with the term travel trailer/travel vehicle.
X. �:Regional Flood: A flood which is representative of large floods known to
have occurred generally in Minnesota and reasonably characteristic of what
can be expected to occur on an average frequency in the magnitude of the
1% chance or 100-year recurrence interval. Reaional flood is svnonvmous
wi h the term "base flood" used in a flood insurance studv
Y. �:-Regulatory Flood Protection Elevation or RFPE: ��An elevation
not less than two (2) feet above the elevation of the Flee�l�-�afr�reqional flood.
It is the elevation to which uses regulated by this Section are required to be
elevated or flood-proofed.
Z. Reuetitive Loss• Flood related damaaes sustained bv a structure on two
seqarate occasions durina a ten vear period for which the cost of reoairs at
Golden Valley City Code Page 6 of 26
§ 11.60
he time of each such flood event on the averaa eauals or exceeds 25% of
the market value of the structure imm diatelv before the damaae occurred
�tF�:
AA Snecial Flood Hazard Area• A term u��d for flood insurance
qurqoses svnonvmous with ��One Hundred Year Floodolain."
BB. . .
.Snecial Permit. For the
puraoses of this Section a Citv Stormwater Manaaement Permit meetina the
r�auirements for a special aermit under this Section and for a nermit under
Section 4.31 of the Citv Code and, as mav be reauired bv the Administrator
he annroval of the BCWMC and DNR Commissioner
_C�__. �:--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.
DD. �:- Substantial Damage: Damage of any origin sustained by a
structure where the cost of restoring the structure to its before damaged
condition would equal or exceed fifty percent (50%) of the market value of
the structure immediatelu before the damage occurred.
EE.A74— Substantial Improvement: Within any consecutive three hundred
sixty five (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 exceeds fifty percent (50%) of
the market value of the structure immediatel�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 an "historic structure," provided that the alteration
will not preclude the structure's continued designation as an "historic
structure." For the purposes of this ordinance, "historic structure" shall
be as defined in Code of Federal Regulations, Part 59.1.
Golden Valley City Code Page 7 of 26
§ 11.60
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 scope, except in accordance with the provisions of this
Section.
B. No temporary or permanent structure, dredge spoil site, sand and gravel
operation, fill for driveways, roads, levees or other purposes; and no deposit,
obstruction, or storage of material or equipment or other use shall be
permitted, which acting alone or in combination with existing or anticipated
uses, would t��r��tl�adverselu affect the efficiency or the capacity of the
Floodplain or ttt�t�-increase .
,
. ,
,
.th�
Flood�lain elevation or flood damaaes
C. In connection with any proposed activitv ar development, or placement of an
obstruction in the Floodplain, +€
, ,
, � there must be no net 12�s
in Floo alain storaae and no increase in Floodplain elevations-t�sed-++�-iss-tttt�g
, consistent with the
BCWM�watershed manaaement plan and policies as mav be amended from
time to ime. � ^
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 watershed management plan and caoals and policies of the
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 (including normal maintenance and repair), or
alteration of any building, structure, or portion thereof; prior to the use or
change of use of a building, structure or land; prior to the construction of a
dam;� fence ; prior to the change, replacement or
Golden Valley City Code Page 8 of 26
§ 11.60
extension of a non-conforming use or non-conforming structure; prior to the
repair of a structure that has been damaged by flood, fire, tornado or any
other source; and prior to the placement of fill, excavation of materials or the
storage of materials or equipment within the Floodplain.
Subdivision 5. Uses Permitted by Right
A. Provided that such uses shall not adversely affect the efficiency or-��r�t�
restrict the capacity of the channels or floodways of any tributary to the main
stream or other drainage facility or system, the following 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 �+��ttii=einvolve structures, fill,
fences, dams, storage of materials or equipment.
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. -P�i�g--°r�,-��� a,=,�,--�e+�p��Non-residential narkina areas, orovided the
f Ilowina provisions are met:
Anv facilitv that will be used bv emnlovees or the aeneral nublic
must be esianed with a flood warnin �y em that nrovides
eauate ime for evacuation if the area is inundated to a de�th
�n velocitv such that the deoth (in feet) multinlied bv the
vel. i v (in feet ner secondl would exceed a aroduct of four
�Qn occurrence of the reaional (1% chance) flood• and
b) VeQetated buffers meetina Cit�and BCWMC reauirements must
be established around wetlands streams and water bodies
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) through (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 flooding occur. The
recreational vehicle must:
Golden Valley City Code Page 9 of 26
§ 11.60
a. Have current licenses required for highway use
b. Be highway ready, meaning on wheels or the internal jacking system;
be attached to the site only by quick-disconnect type utilities commonly used
in campgrounds and recreational vehicle parks; and must not have any
permanent structural type additions attached to it.
c. Be permissible in any pre-existing, underlying zoning use district.
Subdivision 6. Special 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 filling is onlv in the flood
fringe portion of the Floodplain�Qin Zone A areas and Zone AE areas
where a floodway has not been designated on the Flood Insurance Rate
Map, ii the requirements of Subdivision . 4 are met£ and iii
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:�84 and Section 4.31,
City Code. All materials or equipment must be stored outside the floodway,
but within the flood fringe, 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 that are in existence in the Floodplain on the effective
date of this Section, or the effective date of apalicable amendments to
��Section, may be redeveloped, altered, enlarged, or reconstructed
upon issuance of a special permit, provided that the requirements of
Subdivision 11 are met and the structure either 1) is located in the flood
fringe portion of the Floodplain; or 2) for Zone A areas and Zone AE
areas where a floodway has not been designated, an is located in an
area where ��-ea� encroachment caused would be consistent with the
criteria in Subd. 4484 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 floodway or Zone A or
Zone AE areas where a floodway has not been designated not meeting
the criteria of Subd. 4.J6:
Golden Valley City Code Page 10 of 26
§ 11.60
3. Structural works for flood 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 decreasing flood damage potential in the area.
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 BCWMC. These uses can
cause no increase in stage to the one hundred (100)-year flood within
the floodway and provided further within Zone A areas and Zone AE
areas where a floodway has not been designated on the Flood Insurance
Rate Map panels, the provisions of Subd. 4rB4 shall apply. Protection to
the RFPE 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 gas, electrical, sewer and water
supply systems to be located in the Floodplain shall be flood proofed in
accordance with the State Building Code or elevated to above the RFPE.
New or renlacemen tilities and facilities must be desianPd an�i
c�c n�tr�� to minimize or eliminate infiltration
6. Any on-site water supply or sewage treatment system to be replaced in
the Floodplain must be connected to the municipal water supply and
sewage treatment system, respectively.
B. Applications for speciai permits shall be made to the Administrator by the
owner of the land involved. Five (5) copies of all submittal materials shall be
provided. The application shall be accompanied by a fee in an amount
determined by ordinance 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 engineer, detailing the results of
computer modeling 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 f�oodway; a quantification of any expected
chanae in Floodnlain elevations due to the
proposed structure or obstruction; a quantification of the expected
Golden Valley City Code Page 11 of 26
� 11.60
impacts of any 't���cr-e-«�� � �chanae in Floodolain elevations
on any upstream or adjacent property; and an explanation of any
alternative construction options that have been investigated. The
computer modeling shall assume that there will be an equal degree of
encroachment on both sides of the stream extending for a significant
reach. The computer modeling must be submitted in a format compatible
with the hardware and software used by the City.
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,
2. Plans and specifications prepared by a Minnesota licensed professional
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 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-�'B4 of this Section. The City
Engineer may recommend a provisional approval to be finalized after
Golden Valley City Code Page 12 of 26
� 11.60
review by the DNR Commissioner and the 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 shali within five (5) business days submit
two (2) copies of the application and the City Engineer's report to the
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
BCWMC, the Administrator shail 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)
days of 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
Golden Valley City Code Page 13 of 26
§ 11.60
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 and under the same standard as it hears and decides appeals under
Section 11.90 of this Chapter, except as otherwise provided for herein.�
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. �
r
B. �-Anv variance shall include conditions that assure compliance
with the requirements of this Section insofar as practical;_
�-:-----��r�--�t�r�e_ _i ��--�-����-��r� •
r
C_ . Notwithstandina anvthina to the contrarv in Section 11 90
Qf this Chanter a variance mav not• (i� allow a use that is not allowed in thP
Floodnlain Manaaement District• (ii� nermit a lower dearee of flood protection
han the reaulatorv flood orote tion leva ion for the oarticular ar a• liiil
�ermit standards lower than hose r auir d bv state law� (iv) tiermit an
increase in the flood hazard or flood damage potential-{�e-��� ��rt�^ ��-��'�
permit a lower degree of flood protection than the flood protection elevation
established by this Section3,•—a-r�; or lvi� be inconsistent with �I����a.rpc�se
�r�d__�r�_tent c�f thi�__��ctior�:
D. �e--- ---T"-,�Notwithstandina anvthina to the contrarv in Section 11 90 of this
haqter, for anv variance, the following additional ��-�i-��-criteria of the
Federal Emergency Management Agency (FEMA) must be satisfied:
a. Variances shall not be issued within any designated regulatory
floodway if any increase in flood levels during the base flood
discharge would result.
b. Variances shall only be issued t�-ar� upon:
1) a showing of good and sufficient cause,
2) a determination that failure to grant the variance would
result in exceptional hardship to the applicant, and
3) a determination that the granting of a variance will not
result in increased flood heights, additional threats to
public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances.
Golden Valley City Code Page 14 of 26
§ 11.60
c. Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard,
to afford relief.
E. �-�;��4+��-r�i�IVotwithstandina anvthina to the contrarv in Section 11.90 of
�hi Cha�ter, an aqqlication 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 BCWMC and the DNR
Commissioner within forty-five (45) days after receipt of the same from the
applicant. The report of the Administrator shall accompany said appiication
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.
F. �-:-The Board shall hear and decide upon the application in the same manner
it decides appeals under Section 11.90 of this Chapter. The Board shall take
no action in the appeal unless forty-five (45) days have elapsed from the
submission of the application to the BCWMC and the DNR Commissioner;
provided, however, that if reports or comments have been received from
both the BCWMC and the DNR Commissioner prior to the expiration of the
aforesaid forty-five (45) day period, then the Board is empowered to
thereupon act on said application prior to the end of said forty-five (45) day
period. The recommendations of the 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.
C �:-Flood Insurance Notice and Record Keeping. 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 high as twenty-five dollars ($25) for one hundred dollars ($100)
of insurance coverage, and
Golden Valley City Code Page 15 of 26
� 11.60
2. such construction below the one hundred (100)-year or regional flood
level increases risks to life and property.
Such notification shall be maintained with a record of all variance actions. �k
ee-rrrr�=Ftr�-i�tT�h �i shall maintain a record of all variance actions, including
justification for their issuance, and report such variances issued in its annual
or biennial report submitted to the Administrator of the National Flood
Insurance Program.
Subdivision 8. Lapse of Variance or Special Permit
If within one (1) year after the issuance or grant of a special permit or
variance under this Section, 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
unfess 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 twenty (20) days before the expiration of one
(1) 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 (1) 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
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 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
drawings of the work completed. The certified record drawings shall also be
submitted in digital format compatible with the City's computer hardware and
software. The applicant shall be responsible for submitting an application for
a Letter of Map Amendment to the FEMA, including all costs associated with
the submittal.
Golden Valley City Code Page 16 of 26
� 11.60
Subdivision 10. Method for Determining Floodplain Boundary Location
All decisions regarding the location of the Floodplain boundary will be based
on elevations of the regional one hundred (100)-year flood profile, the actual
ground 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 n M 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 land surveyor. The survey shall
show exact elevations of the property and, if applicable, exact locations and
efevations of any existing or proposed structures or obstructions.
B. Determine the Floodplain zone elevations from the Official Flood Zone Profile
and Maq or information provided by the applicant, consistent with Subd. 6.B.
C. Land within the Floodplain zone but outside of the floodway shall 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-
Conforming 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 r he
effective date of aqqlicable amendments to 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 non-conforming obstruction,
use, or structure shall be elevated on fill as specified in Subd. 11.D.1, or
adequately flood proofed to the RFPE. Flood proofing shall be done in
accordance with the FP-1 through FP-4 flood proofing classification of the
State Building Code as adopted by the City, provided the cost of the
alteration or addition does not exceed fifty percent (50%) of the market
value of the existing structure prior to the alteration or addition, unless
Golden Valley City Code Page 17 of 26
§ 11.60
such alteration or addition includes the elevation on fill or adequate FP-1
or FP-2 flood proofing to the RFPE of the entire obstruction, use, or
structure; and unless all other requirements of this Subdivision are met.
2. If such use of such obstruction or structure, or use of such premises, is
discontinued for six (6) consecutive months, any subsequent use of the
obstruction, structure or premises sha�l comply, in all respects, with this
Section, including, but not limited to, the obtaining 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 percent (50%) 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��-�-^�-��;�-� h�', ''.� � ^�-��
flY��-u;,=,��,��j from any combination of a building addition to the outside
dimensions of the existing building or a rehabilitation, reconstruction,
alteration, or other improvement to the inside dimensions of an existing
non-conforming building, then the building addition and the existing
non-conforming building 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 land
surveyor, the Administrator shall certify to the owners of properties whose
uses were �awful prior to the effective date of this Section or the effective
date of annlicable amendments to this Section that said properties, the uses
thereof and the structures thereon were and are a lega� 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
sha�l not be entitled to continue as non-conforming uses.
D. Additional Standards for Floodplain Non-Conformities.
1. All , ' redeveloned or reconstructed
structures and additions to structures, that are not being flood proofed
in accordance with this Section, must be elevated on fill so that the
lowest f�oor, including basement floor, is at or above the RFPE. The
finished fill elevation for structures shall be no lower than one (1) foot
Golden Valley City Code Page 18 of 26
§ 11.60
below the RFPE, and the fill shail extend at such elevation at least fifteen
(15) feet beyond the outside limits of the structure erected thereon.
2. The storage 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 must receive written authorization from the
Floodplain Administrator and the City Engineer. These alternative
methods may include the use of stilts, pilings, parallel walls, etc., or
above-grade, enclosed areas such as crawl spaces or tuck under
garages. The base or floor of an enclosed area shall be considered
� above-grade and not a structure's lowest floor if:
a. the enclosed area is above-grade on at least e�re wo (�2) �
sides of the structure;
b. it is designed to internally flood and is constructed with fiood-
resistant materials; and
c. it is used solely for parking of vehicles, building access or storage.
d. The above-noted alternative elevation methods are subject to the
following additional standards:
1) Design and certification. The structure's design and as-
built condition must be certified by a licensed professional
engineer or architect as being in compliance with the
general design standards of the State Building Code and,
specifically, that all wiring, heating, ventilation, plumbing
and air conditioning equipment and other service facilities
must be at or above the RFPE, or be designed to prevent
flood water from entering or accumulating within the
components during times of flooding.
2) 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:
a) A minimum area of openings in the walls
where internal flooding is to be used as a flood
proofing technique. There shall be a minimum
of two (2) openings on at least two (2) sides of
Golden Valley City Code Page 19 of 26
§ 11.60
the structure, and the bottom of ali openings
shall be no higher than one (1) foot above-
grade. The automatic openings shall have a
minimum net area of not less than one (1)
square inch for every square foot subject to
flooding unless a licensed 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,
b) The enclosed area will be designed of fiood-
resistant materials in accordance with the FP-3
or FP-4 classifications in the State Building
Code, and shall be used solely for building
access, parking of vehicles or storage.
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.D.�E 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 granted, the City must specify limitations on the
period of use or occupancy of the structure for times of flooding, and
only after determining that adequate flood warning time and local flood
emergency response procedures exist.
r .
[�I E�f�'��.�p._.�.�� i r��l��ra.y E.��+� -. +- 1` .� .•1 #-
7 � j
�C�'f�'f'-C''-�tE.'S'—�8-f�'f"{)t3�f�--�f��'7i'va-S:�r-r�i'1
S�e--
�. �As an alternative, all areas of-r��nt-e� substantially improved non-
residential structures, including basements, to be placed below the RFPE
shall be flood proofed in accordance with structurally dry flood proofing
classifications in the State Building Code. Structurally dry flood proofing
must meet the FP-1 or FP-2 flood proofing classification in the State
Building Code, and this shall require making the structure watertight
Golden Valley City Code Page 20 of 26
§ 11.60
with the walls substantially impermeable to the passage of water and
with structural components having the capability of resisting hydrostatic
and hydrodynamic loads and the effects of buoyancy. c�Non_
residential structures flood proofed to the FP-3 or FP-4 classifications
shall not be permitted.
7: B-Commercial use. Accessory land uses, such as yards, railroad tracks
and parking lots, may be at elevations lower than the RFPE. However, a
permit for such facilities to be used by the employees or the general
public shali not be granted in the absence of a flood warning system that
provides adequate time for evacuation.
� 9—Manufacturing and industrial uses. Measures shall be undertaken to
minimize interference with normal plant operations, especially along
streams having protracted flood durations. Certain accessory land uses,
such as yards and parking lots, may be at lower elevations subject to
requirements set out in this Section.
. �t�-t�-a-I
��e�+e .
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 February 3, 1981, and without
first obtaining a special permit or variance therefore shall be removed by the
owner of the adjoining land within ten (10) days after mailing to such owner
of a demand to do so 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
Golden Valley City Code Page 21 of 26
§ 11.60
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
1 Complete documentation on any proposed amendments to this
Section, including amendments to the Official Flood Zone Profile an
1�I 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.
The BCWMC shall also be notified of any proposed amendment to this
Section at least thirty (30) 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.
2 There shall be no change made to the Official Flood Zone Profile and
M��. 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 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.
Golden Valley City Code Page 22 of 26
§ 11.60
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.
�u�division 16. Abrogation and Greater Restrictions
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 BCWMC, or by
covenants or agreements, the provisions of this Section shall govern.
Subdivision .� 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 �8. Severability.
If anv section, clause, nrovision, or nortion of this ordinance is adiudaed
un�Qnstitutional or invalid by a court of law, the remainder of this ordinanc�
shall not�e affected and shall remain in full force
Subdivision .,1� Subdivision of Land
1 I General. Recoanizina that flood qrone areas mav exist outside of
the desianated Floodqlain Manaaement District, the reauirements of
this Subdivisi n 19 aoqlv to all land within the Cit�r.
2 �-:Review Criteria. No land shall be subdivided which is unsuitable for
the reason of flooding, �inadequate drainage, water supply or
sewage treatment facilities. All lots within the Floodplain
u°rT�z;;���Mana�ement District shall be able to contain a building site
consistent with this Section at or above the RFPE. All subdivisions shall
have water and sewage treatment facilities that comply with the
provisions of this Section, and have road access both to the
subdivision and to the individual building sites no lower than two (2)
feet below the RFPE. For all subdivisions in the Floodplain, the
Floodway and Flood Fringe-�i��=;� boundaries, areas of allowable
Golden Valley City Code Page 23 of 26
§ 11.60
encroachment for building sites in Zone A areas and Zone AE areas
where a floodway has not been designated, the RFPE and the required
elevation of all access roads shall be clearly labeled on all required
subdivisions drawings and platting documents.
3 B—Encroachment Studies in Zone A Areas and Zone AE Areas Where a
Fioodway Has Not Been Designated. In Zone A areas and Zone AE
areas where a floodway has not been designated, applicants shali
provide the information required in Subd. 6.B of this Section to
determine the one hundred (100)-year flood elevation, the areas
suitable for encroachment for building sites and the RFPE for the
subdivision site.
4 �-Removal of Special Flood Hazard Area Designation. FEMA has
established criteria for removing the speciai flood hazard area
designation for certain structures properly elevated on fill above the
one hundred (100)-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 investigated prior to the initiation of site preparation if a change of
special flood hazard area designation will be requested.
5 If subdivision nroqosal or other nr000sed new develonment is in a
flo__ o�_rone area anv such pronosal must be reviewed to assure that•
1�All such nroaosals are consistent with the need to minimize
flood damaae within the flood nrone area.
2) All nublic utilities and facilities such as sewer aas PIP�t-riral
and water svstems are located and constructed to minimize or
eliminate flood dama e and
3) Adeauate drainaae is nrovided to reduce exoosurP �f flo�d
h z r .
p_.____
6 Buildina Sites If a qronosed buildina site is in a flood nrone area all
new construction and substantial improvements must be�
11 Desi ned or mo ified) and adeauatelv anchored to nreven
floatation collanse or lateral movement of the structure
r sultina from hvdrodvnamic and hvdrostatic loads includina
the effects of buovancv;
2� Constructed with materials and utilitv eauinment resisrant tn
_ _ - — -- --- �- --
flood damaae:
Constructed bv methods and nracti es that minimiz flood
damaae: and
Golden Valley City Code Page 24 of 26
§ 11.60
4) Constructed with electrical heatinq ventilation nlumbina and
air conditionina eauiament and other service facilities that are
desianed and/or located so as to nrevent water from enterina or
�. cumulatina within the comnonents durina conditions of
fioodina.
Subdivision #�� Additional Administrative Requirements
A. State and Federal Permits. Prior to granting a permit or processing 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 engineer, architect or land surveyor that the finished fill
and building elevations were accomplished in compliance with the provisions
of this Section. Flood proofing measures shall be certified by a licensed
professional engineer or architect.
C. Record of First Floor Elevation. The Administrator shall 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
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, adjacent communities and the Commissioner of the
Department of Natural Resources, prior to the Ci � authorizing
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
Chicago Regional Office of FEMA. Annlicant must maintain caoacitv for all
w�tercourse alterations.
E. Notification to FEMA when Physical Changes Increase or Decrease the
hundred (100) Year Flood Elevation. As soon as is practicable, but not later
than six (6) months after the date such supporting information becomes
available, the Administrator shall notify the Chicago Regional Office of FEMA
of the changes by submitting a copy of said technical or scientific data.
Golden Valley City Code Page 25 of 26
§ 11.60
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 are an invaluable land
resource; that lands within the Floodplain (defined below) 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 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 Bassett Creek
and other water 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, to maximize the
coordinated efforts of all members of the Bassett Creek Water 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 103F, and is
in conformance with the Management Plan for the BCWMC.
D. In addition to the foregoing, 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
City's eligibility in the National Flood Insurance Program.
E. 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.
Golden Valley City Code Page 1 of 23
§ 11.60
Subdivision 2. District Established
A. This Section applies to all lands within the jurisdiction of the City shown on
the Official Zoning Map and/or the attachments to the map as being located
within the boundaries of the Floodplain, and such area shall be referred to as
the "Floodplain Management District". The Floodplain Management District is
an overlay district that is superimposed on all existing zoning districts. The
standards imposed in the overlay district are in addition to any other
requirements in this Chapter. In case of a conflict between this Section and
any other Section of the City Code, the more restrictive standards will apply.
B. The Floodplain Management District includes those areas within Zone AE or
Zone A as shown on the Flood Insurance Rate Map adopted in Subd. 2.E.
C. Base Flood Elevations for regional flood events are determined by referencing
the Flood Insurance Study, referred to in Subd. Z.F below, and hydraulic
models developed and maintained by the BCWMC. This method of identifying
flood hazard areas is consistent with the standards established by the
Minnesota Department of Natural Resources.
D. 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 Administrator shall 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.
E. The Official Flood Zone Profile and Map are hereby adopted by reference and
made a part of this Section. The profile and map are on file in the City's
Physical Development Department, and are open to inspection by the public
during normal business hours of the City.
F. 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. 2.E, indicating the location of the Floodplain zones,
shall be on file in the City offices for informational purposes. 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 Section. 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 City's Physical Development Department.
Golden Valley City Code Page 2 of 23
§ 11.60
Effective Flood Insurance Rate Map panels:
27053C0194F
27053CO213F
27053CO214F
27053C0332F
27053C0351F
27053C0352F
27053C0354F
Subdivision 3. Definitions
The following terms, as used in this Section, shall have the meanings as stated,
whether or not capitalized:
A. Administrator: The City Manager or his/her designee, who in consultation
with the City Engineer, the technical advisors of the BCWMC, and other staff
or outside technical experts as necessary, shall be responsible for discharging
the administrative duties entailed by this Section.
B. Base Flood: The flood having a one percent chance of being equaled or
exceeded in any given year. This is the regulatory standard also referred to
as the "100-year flood." The base flood is the national standard used by the
National Flood Insurance Program (NFIP) and all Federal agencies for the
purposes of requiring the purchase of flood insurance and regulating new
development. Base Flood Elevations (BFEs) are typically shown on Flood
Insurance Rate Maps (FIRMs).
C. Base Flood Elevation: The elevation of the Regional Flood. The term Base
Flood Elevation is used in the flood insurance survey.
D. Basement: Any area of a structure, including crawl spaces having its floor or
base subgrade (below ground level) on all four (4) sides, regardless of the
depth of excavation below ground level.
E. BCWMC: The Bassett Creek Watershed Management Commission.
F. Development: Any manmade change to improved or unimproved real
estate, including buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations, or storage of equipment or
materials.
G. DNR Commissioner: The Commissioner of the Minnesota Department of
Natural Resources.
Golden Valley City Code Page 3 of 23
§ 11.60
H. Fill: Any material or combination of materials used in filling.
I. 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.
J. Flood Fringe: That portion of the Floodplain located outside of the floodway.
The flood fringe shall include those Zone AE areas outside of the floodway as
shown on the Flood Insurance Rate Map panels adopted in Subd. 2.E. For
lakes, wetlands and other basins that do not have a floodway delineated, the
Flood Fringe 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. For those Zone A and
Zone AE areas as shown on the Flood Insurance Rate Map panels adopted in
Subd. 2.E, where floodway/flood fringe 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 of this ordinance.
K. Flood Insurance Rate Map (FIRM): An official map on which the Federal
Insurance Administrator has delineated both the special hazard areas and the
risk premium zones applicable to the City. A FIRM that has been made
available digitally is called a Digital Flood Insurance Rate Map (DFIRM)
L. Flood Prone Area: Any land susceptible to being inundated by water from
any source.
M. Flood Proofing: A combination of structural provisions, changes, or
adjustments to properties and structures subject to flooding, primarily for the
reduction or elimination of flood damages.
N. Floodplain: 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 a regional flood. The Floodplain shall be further
divided into the floodway and the flood fringe.
O. Floodplain Management District: The district established by and defined
in Subdivision 2 of this Section.
Golden Valley City Code Page 4 of 23
§ 11.60
P. 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 floodway shall
include those floodway areas as shown on the Flood Insurance Rate Map
panels adopted in Subd. 2.E. For those Zone A and Zone AE areas as shown
on the Flood Insurance Rate Map panels adopted in Subd. 2.E, where the
floodway/flood fringe boundaries are not shown, an applicant for a Special
Permit in the floodplain must meet the provisions of Subd. 4 of this
ordinance.
Q. Lowest Floor: The lowest floor on 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.
R. New Construction: Structures, including additions and improvements for
which the start of construction commenced on or after the effective date of
this Section, or the effective date of applicable amendments to this Section.
S. 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, conduit, pipe, 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.
T. One Hundred Year Floodplain: Lands inundated by a regional flood.
U. 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 jurisdictions, dated November 4, 2016, including the
Flood Insurance Rate Maps for the City of Golden Valley, panels
27053C0194F, 27053CO213F, 27053CO214F, 27053C0332F, 27053C0351F,
27053C0352F and 27053C0354F, dated November 4, 2016.
V. 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 (2) consecutive
bridges would constitute a reach.
Golden Valley City Code Page 5 of 23
§ 11.60
W. Recreational Vehicle: A vehicle that is built on a single chassis, is four
hundred (400) square feet or less when measured at the largest horizontal
projection, is designed to be self-propelled or is permanently towable by a
light-duty truck, and is designed primarily not for use as a permanent
dwelling, but as a temporary living quarters for recreational, camping, travel
or seasonal use. For the purposes of this Section, the term recreational
vehicle shall be synonymous with the term travel trailer/travel vehicle.
X. Regional Flood: A flood which is representative of large floods known to
have occurred generally in Minnesota and reasonably characteristic of what
can be expected to occur on an average frequency in the magnitude of the
1% chance or 100-year recurrence interval. Regional flood is synonymous
with the term "base flood" used in a flood insurance study.
Y. Regulatory Flood Protection Elevation or RFPE: An elevation not less
than two (2) feet above the elevation of the regionaf flood. It is the elevation
to which uses regulated by this Section are required to be elevated or flood-
proofed.
Z. Repetitive Loss: 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 immediately before the damage occurred.
AA. Special Flood Hazard Area: A term used for flood insurance purposes
synonymous with "One Hundred Year Floodplain."
BB. Special Permit. For the purposes of this Section, a City Stormwater
Management Permit meeting the requirements for a special permit under this
Section and for a permit under Section 4.31 of the City Code and, as may be
required by the Administrator, the approval of the BCWMC and DNR
Commissioner.
CC. 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.
DD. Substantial Damage: Damage of any origin sustained by a structure where
the cost of restoring the structure to its before damaged condition would
equal or exceed fifty percent (50%) of the market value of the structure
immediately before the damage occurred.
Golden Valley City Code Page 6 of 23
§ 11.60
EE. Substantial Improvement: Within any consecutive three hundred sixty five
(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 exceeds fifty percent (50%) of
the market value of the structure immediately 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 an '�historic structure," provided that the alteration will
not preclude the structure's continued designation as an "historic
structure." For the purposes of this ordinance, "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 scope, except in accordance with the provisions of this
Section.
B. No temporary or permanent structure, dredge spoil site, sand and gravel
operation, fill for driveways, roads, levees or other purposes; and no deposit,
obstruction, or storage of material or equipment or other use shall be
permitted, which acting alone or in combination with existing or anticipated
uses, would adversely affect the efficiency or the capacity of the Floodplain or
increase the Floodplain elevation or flood damages.
C. In connection with any proposed activity or development, or placement of an
obstruction in the Floodplain, there must be no net loss in Floodplain storage
and no increase in Floodplain elevations, consistent with the BCWMC
watershed management plan and policies, as may be amended from time to
time.
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 watershed management plan and goals and policies of the
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,
Golden Valley City Code Page 7 of 23
§ 11.60
modification, rehabilitation (including normal maintenance and repair), or
alteration of any building, structure, or portion thereof; prior to the use or
change of use of a building, structure or land; prior to the construction of a
dam or fence; prior to the change, replacement or extension of a non-
conforming use or non-conforming structure; prior to the repair of a
structure that has been damaged by flood, fire, tornado or any other source;
and prior to the placement of fill, excavation of materials or the storage of
materials or equipment within the Floodplain.
Subdivision 5. Uses Permitted by Right
A. Provided that such uses shall not adversely affect the efficiency or restrict
the capacity of the channels or floodways of any tributary to the main stream
or other drainage facility or system, the following 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 involve structures, fill, fences, dams,
storage of materials or equipment.
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. Non-residential parking areas, provided the following provisions are met:
a. 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; and
b. Vegetated buffers meeting City and BCWMC requirements must be
established around wetlands, streams, and water bodies.
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) through (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
Golden Valley City Code Page 8 of 23
§ 11.60
removal of the recreational vehicle from the site should flooding occur.
The recreational vehicle must:
a. Have current licenses required for highway use
b. Be highway ready, meaning on wheels or the internal jacking system;
be attached to the site only by quick-disconnect type utilities
commonly used in campgrounds and recreational vehicle parks; and
must not have any permanent structural type additions attached to it.
c. Be permissible in any pre-existing, underlying zoning use district.
Subdivision 6. Special 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 (i) that the filling is only in the flood
fringe portion of the Floodplain or in Zone A areas and Zone AE areas
where a floodway has not been designated on the Flood Insurance Rate
Map, (ii) the requirements of Subdivision 4 are met, and (iii) 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 and Section
4.31, City Code. All materials or equipment must be stored outside the
floodway, but within the flood fringe, 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 that are in existence in the Floodplain on the effective
date of this Section, or the effective date of applicable amendments to
this Section, may be redeveloped, altered, enlarged, or reconstructed
upon issuance of a special permit, provided that the requirements of
Subdivision 11 are met and the structure either 1) is located in the flood
fringe portion of the Floodplain; or 2) for Zone A areas and Zone AE areas
where a floodway has not been designated, and is located in an area
where any encroachment caused would be consistent with the criteria in
Subd. 4 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 floodway or Zone A or Zone AE areas where a
floodway has not been designated not meeting the criteria of Subd. 4.
Golden Valley City Code Page 9 of 23
§ 11.60
3. Structural works for flood control such as dams, levees, dikes and
floodwalls may be erected consistent with the criteria in Subd. 4. The
modification and additions to such works shall assure that the work will
provide a means of decreasing flood damage potential in the area.
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 BCWMC. These uses can
cause no increase in stage to the one hundred (100)-year flood within the
floodway and provided further within Zone A areas and Zone AE areas
where a floodway has not been designated on the Flood Insurance Rate
Map panels, the provisions of Subd. 4 shall apply. Protection to the RFPE
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 gas, electrical, sewer and water
supply systems to be located in the Floodplain shall be flood proofed in
accordance with the State Building Code or elevated to above the RFPE.
New or replacement utilities and facilities must be designed and
constructed to minimize or eliminate infiltration.
6. Any on-site water supply or sewage treatment system to be replaced in
the Floodplain must be connected to the municipal water supply and
sewage treatment system, respectively.
B. Applications for special permits shall be made to the Administrator by the
owner of the land involved. Five (5) copies of all submittal materials shall be
provided. The application shall be accompanied by a fee in an amount
determined by ordinance 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 engineer, detailing the results of
computer modeling 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 change in Floodplain
elevations due to the proposed structure or obstruction; a quantification
Golden Valley City Code Page 10 of 23
§ 11.60
of the expected impacts of any change in Floodplain elevations on any
upstream or adjacent property; and an explanation of any alternative
construction options that have been investigated. The computer modeling
shall assume that there will be an equal degree of encroachment on both
sides of the stream extending for a significant reach. The computer
modeling must be submitted in a format compatibie with the hardware
and software used by the City.
2. Plans and specifications prepared by a Minnesota licensed professional
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 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 of this Section. The City Engineer may
recommend a provisional approval to be finalized after review by the DNR
Commissioner and the 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
Golden Valley City Code Page 11 of 23
§ 11.60
(2) copies of the application and the City Engineer's report to the 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
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) days of
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 and under the same standard as it hears and decides appeals under
Section 11.90 of this Chapter, except as otherwise provided for herein.
B. Any variance shall include conditions that assure compliance with the
requirements of this Section insofar as practical.
Golden Valley City Code Page 12 of 23
§ 11.60
C. Notwithstanding anything to the contrary in Section 11.90 of this Chapter, a
variance may not: (i) allow a use that is not allowed in the Floodplain
Management District; (ii) permit a lower degree of flood protection than the
regulatory flood protection elevation for the particular area; (iii) permit
standards lower than those required by state law; (iv) permit an increase in
the flood hazard or flood damage potential; (v) permit a lower degree of
flood protection than the flood protection elevation established by this
Section; or (vi) be inconsistent with the purpose and intent of this Section.
D. Notwithstanding anything to the contrary in Section 11.90 of this Chapter, for
any variance, the following additional criteria of the Federal Emergency
Management Agency (FEMA) must be satisfied:
1. Variances shall not be issued within any designated regulatory floodway if
any increase in flood levels during the base flood discharge would result.
2. Variances shall only be issued upon:
a. a showing of good and sufficient cause,
b. a determination that failure to grant the variance would result in
exceptional hardship to the applicant, and
c. a determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws or
ordinances.
d. Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
E. Notwithstanding anything to the contrary in Section 11.90 of this Chapter, an
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 BCWMC and the DNR Commissioner within
forty-five (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
Golden Valley City Code Page 13 of 23
§ 11.60
for the actual transmittal of the application between offices, before the
Board's hearing can take place.
F. The Board shall hear and decide upon the application in the same manner it
decides appeals under Section 11.90 of this Chapter. The Board shall take no
action in the appeal unless forty-five (45) days have elapsed from the
submission of the application to the BCWMC and the DNR Commissioner;
provided, however, that if reports or comments have been received from
both the BCWMC and the DNR Commissioner prior to the expiration of the
aforesaid forty-five (45) day period, then the Board is empowered to
thereupon act on said application prior to the end of said forty-five (45) day
period. The recommendations of the 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.
G. Flood Insurance Notice and Record Keeping. 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 high as twenty-five dollars ($25) for one hundred dollars
($100) of insurance coverage, and
2. such construction below the one hundred (100)-year or regional flood
level increases risks to life and property.
Such notification shall be maintained with a record of all variance actions. The City
shall maintain a record of all variance actions, including justification for their
issuance, and report such variances issued in its annual or biennial report
submitted to the Administrator of the National Flood Insurance Program.
Subdivision 8. Lapse of Variance or Special Permit
If within one (1) year after the issuance or grant of a special permit or variance
under this Section, 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 twenty (20) days before the
expiration of one (1) year from the date the original special permit or variance was
Golden Valley City Code Page 14 of 23
§ 11.60
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 (1) 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
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
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 drawings of the work completed. The certified record drawings shall
also be submitted in digital format compatible with the City's computer hardware
and software. The applicant shall be responsible for submitting an application for a
Letter of Map Amendment to the FEMA, including all costs associated with the
submittal.
Subdivision 10. Method for Determining Floodplain Boundary
Location
All decisions regarding the location of the Floodplain boundary will be based on
elevations of the regional one hundred (100)-year flood profile, the actual ground
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 Map 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 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.
B. Determine the Floodplain zone elevations from the Official Flood Zone Profile
and Map or information provided by the applicant, consistent with Subd. 6.B.
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§ 11.60
C. Land within the Floodplain zone but outside of the floodway shall 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-
Conforming 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, or the
effective date of applicable amendments to 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 non-conforming obstruction,
use, or structure shall be elevated on fill as specified in Subd. 11.D.1, or
adequately flood proofed to the RFPE. Flood proofing shall be done in
accordance with the FP-1 through FP-4 flood proofing classification of the
State Building Code as adopted by the City, provided the cost of the
alteration or addition does not exceed fifty percent (50%) of the market
value of the existing structure prior to the alteration or addition, unless
such alteration or addition includes the elevation on fill or adequate FP-1
or FP-2 flood proofing to the RFPE of the entire obstruction, use, or
structure; and unless all other requirements of this Subdivision are met.
2. If such use of such obstruction or structure, or use of such premises, is
discontinued for six (6) 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 obtaining 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 percent (50%) 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 from any combination of a building
addition to the outside dimensions of the existing building or a
Golden Valley City Code Page 16 of 23
§ 11.60
rehabilitation, reconstruction, alteration, or other improvement to the
inside dimensions of an existing non-conforming building, then the
building addition and the existing non-conforming building 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 land
surveyor, the Administrator shall certify to the owners of properties whose
uses were lawful prior to the effective date of this Section, or the effective
date of applicable amendments to 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 non-conforming uses.
D. Additional Standards for Floodplain Non-Conformities.
1. All redeveloped or reconstructed structures and additions to structures,
that are not being flood proofed in accordance with this Section, must be
elevated on fill so that the lowest floor, including 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 storage 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 must receive written authorization from the Floodplain
Administrator and the City Engineer. These alternative methods may
include the use of stilts, pilings, parallel walls, etc., or above-grade,
enclosed areas such as crawl spaces or tuck under garages. The base or
floor of an enclosed area shall be considered above-grade and not a
structure's lowest floor if:
a. the enclosed area is above-grade on at least two (2) sides of the
structure;
b. it is designed to internally flood and is constructed with flood-resistant
materials; and
Golden Valley City Code Page 17 of 23
§ 11.60
c. it is used solely for parking of vehicles, building access or storage.
d. The above-noted alternative elevation methods are subject to the
following additional standards:
1) Design and certification. The structure's design and as-built
condition must be certified by a licensed professional engineer or
architect as being in compliance with the general design standards
of the State Building Code and, specifically, that all wiring, heating,
ventilation, plumbing and air conditioning equipment and other
service facilities must be at or above the RFPE, or be designed to
prevent flood water from entering or accumulating within the
components during times of flooding.
2) 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:
a) A minimum area of openings in the walls where internal flooding
is to be used as a flood proofing technique. There shall be a
minimum of two (2) openings on at least two (2) sides of the
structure, and the bottom of all openings shall be no higher than
one (1) foot above-grade. The automatic openings shall have a
minimum net area of not less than one (1) square inch for every
square foot subject to flooding unless a licensed 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,
b) The enclosed area will be designed of flood-resistant materials
in accordance with the FP-3 or FP-4 classifications in the State
Building Code, and shall be used solely for building access,
parking of vehicles or storage.
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.D.6 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
Golden Valley City Code Page 18 of 23
§ 11.60
requirement is granted, the City must specify limitations on the period of
use or occupancy of the structure for times of flooding, and only after
determining that adequate flood warning time and local flood emergency
response procedures exist.
6. As an alternative, all areas of substantially improved non-residential
structures, including basements, to be placed below the RFPE shall be
flood proofed in accordance with structurally dry flood proofing
classifications in the State Building Code. Structurally dry flood proofing
must meet the FP-1 or FP-2 flood proofing classification in the State
Building Code, and this shall require making the structure watertight with
the walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and
hydrodynamic loads and the effects of buoyancy. Non-residential
structures flood proofed to the FP-3 or FP-4 classifications shall not be
permitted.
7. Commercial use. Accessory land uses, such as yards, railroad tracks and
parking lots, may be at elevations lower than the RFPE. However, a
permit for such facilities to be used by the employees or the general
public shall not be granted in the absence of a flood warning system that
provides adequate time for evacuation.
8. Manufacturing and industrial uses. Measures shall be undertaken to
minimize interference with normal plant operations, especially along
streams having protracted flood durations. Certain accessory land uses,
such as yards and parking lots, may be at lower elevations subject to
requirements set out in this Section.
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.
Golden Valley City Code Page 19 of 23
� 11.60
C. Any artificial obstruction of the beds, banks, waters or channels of Bassett
Creek or the Fioodplain made subsequent to February 3, 1981, and without
first obtaining a special permit or variance therefore shall be removed by the
owner of the adjoining land within ten (10) days after mailing to such owner
of a demand to do so 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 Map 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. The BCWMC shall also be notified of any proposed
amendment to this Section at least thirty (30) 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 and Map 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 and is contiguous to lands outside of the Floodplain
above the RFPE. Special exceptions to this rule may be permitted by the DNR
Golden Valley City Code Page 20 of 23
§ 11.60
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.
Subdivision 16. Abrogation and Greater Restrictions
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 BCWMC, or by covenants or
agreements, the provisions of this Section shall govern.
Subdivision 17. 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 18. 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.
Subdivision 19. Subdivision of Land
A. In General. Recognizing that flood prone areas may exist outside of the
designated Floodplain Management District, the requirements of this
Subdivision 19 apply to all land within the City.
B. Review Criteria. No land shall be subdivided which is unsuitable for the
reason of flooding, or inadequate drainage, water supply or sewage
treatment facilities. All lots within the Floodplain Management District shall
be able to contain a building site consistent with this Section at or above the
RFPE. All subdivisions shall have water and sewage treatment facilities that
comply with the provisions of this Section, and have road access both to the
subdivision and to the individual building sites no lower than two (2) feet
below the RFPE. For all subdivisions in the Floodplain, the Floodway and
Flood Fringe boundaries, areas of allowable encroachment for building sites
Golden Valley City Code Page 21 of 23
§ 11.60
in Zone A areas and Zone AE areas where a floodway has not been
designated, the RFPE and the required elevation of all access roads shall be
clearly labeled on all required subdivisions drawings and platting documents.
C. Encroachment Studies in Zone A Areas and Zone AE Areas Where a Floodway
Has Not Been Designated. In Zone A areas and Zone AE areas where a
floodway has not been designated, applicants shall provide the information
required in Subd. 6.B of this Section to determine the one hundred (100)-
year flood elevation, the areas suitable for encroachment for building sites
and the RFPE for the subdivision site.
D. Removal of Special Flood Hazard Area Designation. FEMA has established
criteria for removing the special flood hazard area designation for certain
structures properly elevated on fill above the one hundred (100)-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 investigated prior to the initiation of site
preparation if a change of special flood hazard area designation will be
requested.
E. If a subdivision proposal or other proposed new development is in a flood
prone area, any such proposal must be reviewed to assure that:
1. All such proposals are consistent with the need to minimize flood damage
within the flood prone area,
2. All public utilities and facilities, such as sewer, gas, electrical, and water
systems are located and constructed to minimize or eliminate flood
damage, and
3. Adequate drainage is provided to reduce exposure of flood hazard.
F. Building Sites. If a proposed building site is in a flood prone area, all new
construction and substantial improvements 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
Golden Valley City Code Page 22 of 23
§ 11.60
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.
Subdivision 20. Additional Administrative Requirements
A. State and Federal Permits. Prior to granting a permit or processing 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 engineer, architect or land surveyor that the finished fill
and building elevations were accomplished in compliance with the provisions
of this Section. Flood proofing measures shall be certified by a licensed
professional engineer or architect.
C. Record of First Floor Elevation. The Administrator shall 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
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, adjacent communities and the Commissioner of the
Department of Natural Resources, prior to the City authorizing 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 Chicago
Regional Office of FEMA. Applicant must maintain capacity for all
watercourse alterations.
E. Notification to FEMA when Physical Changes Increase or Decrease the
hundred (100) Year Flood Elevation. As soon as is practicable, but not later
than six (6) months after the date such supporting information becomes
available, the Administrator shall notify the Chicago Regional Office of FEMA
of the changes by submitting a copy of said technical or scientific data.
Golden Valley City Code Page 23 of 23
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763-s33-8fl9 s/7�3-593-81�9{fax)
Date: September 12, 2016
To: Golden Valley Planning Commission
From: Jason Zimmerman, Planning Manager
Emily Goellner, Associate Planner/Grant Writer
Subject: Comprehensive Plan Land Use Discussion
Future Land Use
As part of last Comprehensive Plan update, Planning Commissioners were asked to revisit the General
land Use Plan Map that is currently in effect and indicate areas of the city that are likely or well-
positioned to experience change over the next 20 to 30 years. The areas that Planning Commissioners
have identified will be discussed at this meeting. Areas identified include places that are:
• Likely to change due to market conditions
• Better suited for alternative land uses
• Inappropriate land uses
• Concerns related to a specific area or parcel
It is hoped that consensus can be formed around four to five areas for display at the Comp Plan Kick-off
on September 19 in order to prompt discussion and resident reaction.
Planning Commissioners participated in this exercise in 2007 for the last update to the Comprehensive
Plan. The following locations were identified by individual members:
• Douglas Drive from Medicine Lake Road to Highway 55
• Duluth Street from Douglas Drive to Highway 100
• North Frontage Road of Highway 55 from Douglas Drive to Zane Avenue
• Southeast corner of Highway 55 and Winnetka Avenue
• Various parcels along Golden Valley Road between Mendelssohn Ave and Decatur Avenue
• Northwest quadrant of I-394 and Highway 100 (location of proposed Three•Nine•Four
Apartments)
� Southwest quadrant of I-394 and Highway 100 (location of proposed Central Park West)
• Various parcels near Nevada Avenue and Medicine Lake Road
• Various parcels along Noble Avenue north of Culver Avenue
Based on the discussion of those locations, five general areas were prioritized for the final list (see
attached). Also included was the I-394 Mixed Use District, which was under study by a consultant in 2007.
After reviewing the maps prepared by Commissioners, and taking into account previous discussions at
meetings, staff has put together a draft map for consideration that identifies four broader areas of change
(see attached):
• Golden Valley Road LRT station area
• Douglas Drive and properties near the intersection with Highway 55
• "Greater powntown" area to the west of Boone Avenue and north of Highway 55
• I-394 Mixed Use area
Additional discussion of individuals parcels or small areas is needed, but likely not appropriate for the big
picture conversations to be held at the Comp Plan Kick-off event.
Forecasts
Commissioners have also asked for information regarding past forecasts from the Metropolitan Council
and how these compared to actual growth. Staff has been able to locate forecasts from the 2020 and
2030 Comp Plans and has compared them to the actual growth that occurred. Understanding these
trends should help inform reaction to the forecasts for Golden Valley for 2040.
Attachments
• Areas of Predicted Change, created 2007, for 2030 Comprehensive Plan (1 page)
• Draft Areas of Change for Future Land Use Map (1 page)
• Metropolitan Council Forecast Graphs (2 pages)
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3; Change to mixed use
To view draft chapters of Golden Valley's 2008-2018 a, Change to light industrial(more
offices)
Comprehensive Plan, visit the City Web site at www.
ci.golden-valley.mn.us/zoning/compplan.htm. Send 5, Changetoindustrialand
commercial
comments to the City Planning Department at planningC�
ci.gotden-valley.mn.us or 7800 Golden Valley Rd, Golden 6: ehangetooffice,retaildevelopment
will occur west in St Louis Park
Vattey, MN. Deadline for comments is Au�ust 31, 2008.
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�O A_LIJ 30 A,LiJ U'��q�
C Ug(a7n�
� Metropolitan Council Forecasts
Golden Valley's 2020, 2030, and 2040 Comprehensive Plans
GV2040
Forecasts from 1990 Census Met Council forecasts
ao,000 -�-��� Actual numbers
35,000 33,194
3o,i4z .��•���� Employment
30,000
28,589 32,500 33,100
28,589 29,500
25,000 22,300 22,700 23,000
20,971
zo,000 � �� y- w�� Population
20,971 20,281 20,371
15,000
10,000 8,273 8�800 9,000 9'200 Households
8,273 8,449 8,816
5,000
1990 2000 2010 2020
Forecasts from 2000 Census
40,000
35,000 33,194
30,142
34,500 Employment
�^""""�w 33,100
30,000 31,650
30,142
24,000
25,000 22��� 23,000
�o,zsi Population
zo,000 ,..�... . ,
20,281 20,371
15,000
10,000
8,449 9,000 9,200 9,600
..�..,�. ,.. ,, Households
8,449 8,816
5,000
2000 2010 2020 2030
;�ily t�j � �
�cjic�t:3t �'
valley
METROPOLITAN COUNCIL FORECASTS
Golden Valley's 2020, 2030, and 2040 Comprehensive Plans
GV2040
Forecasts from 2010 Census
40,000 38,900
37,500 �,,
36,000 �-� Employment
35,000 33,194 �,,,./��!
,�,,,,../
30,000
25,000 22,900
zi,3oo 22,00o Population
20,371
20,000
15,000
10,000 $�816 9�300 9,600 9,800 Households
5,000
2010 2020 2030 2040
Key Takeaways:
1. Employment forecasts have been adjusted upwards to better match actual trends in Golden
Valley.
2. Population forecasts have been revised downwards.
3. Household forecasts have remained fairly accurate.
Also:
1. Household estimate as of 2014 was 8,940.
2. Population estimate as of 2014 was 20,790.
3. Golden Valley is expecting a big bump in households and population in the next few years due
to multi-family buildings already approved and/or under construction (over 1,400 households).
a. Xenia — 372 apartment units
b. Three•Nine•Four development— 303 apartment units, 125 senior units
c. Central Park West— 80 apartment units
d. Cornerstone Creek— 45 apartment units
e. Hello. — 172 apartment units
f. The Liberty— 187 apartment units, 55 townhome units
g. Schuett senior housing — 96 senior units
4. At roughly 2.3 persons/household, this translates to a potential population increase of 3,220
(though actual number may very well be lower).
5. By 2020 Golden Valley could be looking at a household count of 10,300 and a
population of 24,000.
�.,ty iJ �,.. , �
gol�en
valley