Planning Commission Meeting Packet 03-07-2007CITY OF SCANDIA
PLANNING COMMISSION AGENDA
Wednesday, March 5, 2008
(NOTE DATE CHANGE DUE TO PRECINCT CAUCUSES)
7:30 P.M.
1. Call to Order
2. Approve Agenda
3. Approve Minutes
a) February 6, 2008
4. Public Hearings
a) Bracht Bros., Inc. Conditional Use Permit for a sand and gravel mining operation located
on the north side of 185`h Street, east of Oakgreen Avenue and west of Old Marine Trail.
b) Dresel Contracting, Inc. Conditional Use Permit for a sand and gravel mining operation
located on 2181h Street, west of Lofton Avenue
c) Tiller Corporation. Conditional Use Permit for a gravel mining and processing operation
at 22303 Manning Trail
d) Amendment to the Development Code, Floodplain Management Regulations,
Chapter 6 (Draft Ordinance No. 110)
5. New Business
a) Selection of Chair and Vice Chair for 2008
b) City of Marine on St. Croix Comprehensive Plan Review
6. Old Business
a) Willowbrook Community Church. Conditional Use Permit for Place of Worship on 40.5
Acres West of 11262 Scandia Trail (File No. 2008-002)
7. Adjournment
2/28/2008
February 6, 2008
The Scandia Planning Commission held their regular monthly meeting on the above date. The
following were in attendance: Chairman Chris Ness, Commissioners Christine Maefsky, James
Malmquist, Peter Schwarz and City Planner Sherri Buss, TKDA. Commissioner Kevin
Nickelson excused himself from the table as he is involved in the CUP application for
Willowbrook Church, an item on the agenda. Chairman Ness called the meeting to order at 7:34
p.m.
APPROVAL OF AGENDA, MINUTES
James Malmquist, seconded by Christine Maefsky, moved to approve the agenda as
presented. The motion passed unanimously.
Peter Schwarz, seconded by James Malmquist, moved to approve the January 8, 2008
Planning Commission minutes. The motion passed unanimously.
WILLOWBROOK COMMUNITY CHURCH — CUP APPLICATION
Willowbrook Community Church has requested a Conditional Use Permit for construction of a
Place of Worship on a 40.5 acre site located west of 11262 Scandia Trail. The site plan shows
two structures, the main church facility of approximately 25,000 square feet and a separate 2,400
square foot youth facility. The main auditorium would seat 500 people. The parking lot proposes
215 spaces. Future expansion areas for the church and parking lot also appear on the plan.
City Planner Sherri Buss presented her report. Planner Buss summarized the process that the City
has taken with the applicant thus far, such as discussing goals for the site design. The City has
communicated that the structure should be consistent with the Comprehensive Plan by
maintaining the rural character of the community and by making the development look like it
belongs in the existing landscape. The applicant did include some elements that are consistent
with rural architectural forms (gable roofs, red color and paned window design), although the
large parking lot in the front of the building is not typical of rural churches and gives the site a
suburban appearance. As an example, Planner Buss showed pictures of the Stillwater Public
Works building in which the parking lot is located to the rear of the facility and the facade
resembles a cluster of rural buildings. Additional pictures were viewed of newly constructed
churches that had preferred design elements, and a church along Lake Elmo Avenue and
Highway 36 that had an undesirable lighting scheme. Missing from the application is submission
of a fully detailed landscaping plan, a lighting plan, a required Watershed permit, and MnDot's
review of the driveway entrance. Planner Buss recommended that the application be tabled to
allow the applicant to redesign the site layout to better respond to the City's direction, and to
complete the other application requirements. The review period can be extended an additional 60
days, to May 17, 2008.
Chris Doehrmann, design architect, and Chad Goehring, representative of Willowbrook Church,
presented their submittal. Mr. Goehring stated the vision the church has of connecting with the
local community (hosting community events, providing public hiking trails) and sees a positive
benefit to both the City and Willowbrook. Although the applicant asked the City for feedback on
early design concepts, the church does not see itself as a rural and historical church, but more of
a modern, inviting structure; thus the use of glass facade, as a "window to the community". Mr.
February 6, 2008
Scandia Planning Commission
Page 2
Doehrmann felt the design achieves the goal of connecting with the rural landscape and yet stays
within the church's goals. The use of berms and landscape islands was an attempt to satisfy the
screening of the parking lot and break up the expanse. They also felt the site would have minimal
filling and disturbance by the placement of the lot to the front of the building.
Chairman Ness opened the floor to public comments. Kevin Nickelson, 11262 Scandia Trail,
provided comments from the adjoining property owners Duane and Sally Lawrence, 10860 213th
Street, in which they requested landscape screening along the northern property line. This is a
requirement of the landscape plan.
Alex Bildeaux, 21473 Manning Trail, stated his concerns of noise levels, lighting and what type
of events will be held on the grounds. Mr. Goehring responded that the church does not plan on
outdoor events as part of their activity plan and will be sensitive to the surrounding property
owners.
Trent Nickelson, 11081 Scandia Trail, stated that he felt the layout and design of the building
appeared rural and had no problem with the parking lot in the front. Mr. Nickelson would rather
see that the view from the rear of the building towards German Lake is preserved. Mr. Nickelson
felt that there are a high number of cars traveling along Highway 97, and that it is difficult to get
around the fact that cars are a part of the landscape.
As there were no more public comments, Chairman Ness closed the public hearing.
Commissioner Schwarz questioned if the building height of approximately 45 feet at the peak
was allowed. Planner Buss determined that this is consistent with the building code, as it is
measured at the midway point of the gable.
Councilmember Peterson stated her disapproval of the design of the Stillwater Public Works
building and explained that basing the red color as a rural element is not critical, as the red
Gammelgarden building was designed to replicate a Swedish museum. Councilmember Peterson
approved of the parking lot placed in the front of the building.
Commissioner Maefsky explained the value the public places on maintaining a rural view along
Highway 97 and felt that the applicants should make more of an effort to not obstruct this view
by the building's close proximity to the road. Commissioner Maefsky would like to see the
parking lot redistributed away from a shopping mall look and to more of a prairie appearance.
She would like to find a balance for the neighbors (noise concerns), the landscape/lake and the
design.
Kevin Nickelson stated that the great number of cars traveling along Highway 97 makes for an
inherently noisy environment for those that live nearby, and that the noise issue from the church
should not be significant.
February 6, 2008
Scandia Planning Commission
Page 3
Commissioner Malmquist felt this to be both a land use and a visual issue. By way of a text
amendment, a house of worship is allowed on this property. There is no getting around the fact
that a big building will be placed in a beautiful field; this isn't necessarily bad, but different. The
decision cannot be based on meshing philosophical intent within the Comp Plan.
Councilmember Crum asked if an access can be granted off of Manning Trail or 213th Street.
Administrator Hurlburt explained that the ordinance's intent is to have access off of an arterial so
that traffic is not routed through neighborhood streets.
Councilmember Harnetty stated that as the land is going to be used and that development is not
an illegal activity, the statement that "ruining the view shed by allowing a church" is not valid. It
may be the responsibility of the council to strongly influence the look of the community, but
taking on the role of dictating the architectural design is a slippery slope.
Commissioner Maefsky explained that while growth is good, preserving community character is
one of the roles of the Planning Commission. She felt that new construction should enhance the
character of the community.
Mr. Doerhmann interjected that he feels the design criteria is met and the subjective preferences
stated can change with the members of the council.
Mayor Seefeldt commented that while the church's vision is admirable, this seems to be a
combination of the rights of the landowners and developers versus the public's input on having
this structure fit into the property and making it the least obtrusive through design, lighting,
landscape, etc. There should be a thorough analysis of future expansion and the site must be
prepared in the correct way early on to prepare for this. Whereas he is not highly critical of the
plan, Mayor Seefeldt would like to see the structure moved further back onto the property and a
reconfiguration of the parking lot. These would be welcome changes.
Councilmember Yehle felt that the design does blend into the surrounding properties, but
perhaps the obtrusiveness may be minimized by layout and landscaping. The developer has
provided a style that fits in, but the councilmembers are not architects.
Chairman Ness asked for a survey of all members as to their stand on the parking lot issue.
Commissioner Schwarz: The lot cannot be hidden entirely but can be improved upon by splitting
it up. Commissioner Malmquist: Would like to see it broken up. Chairman Ness: Moved towards
the back of the structure. Commissioner Maefsky: Moved to the back of the structure.
Councilmember Yehle: Swing towards the back, analyze the grade. Councilmember Harnetty:
Church needs to create the space somewhere on the lot. Mayor Seefeldt: Reconfigure.
Councilmember Peterson: Towards the side would be preferable. Councilmember Crum: The
church need to do the best with what the site allows; changing the parking lot will change the
scheme of the building's design. Can berms be the solution?
February 6, 2008
Scandia Planning Commission
Page 4
Mr. Doehrmann stated that the layout is done in a way that also works to serve the congregation.
By changing the placement of the parking lot, architectural issues become a problem. The
church's entrance is now designed to be a welcoming environment and prefers not to have
people entering through a back door. The 10 foot separations in the parking lot, the berms and
landscape buffers were added in an effort to mitigate concerns.
City Planner Buss commented that final acceptance of this plan will set a precedence. What fits
into the community is a very important decision. Every site has challenges and finding the
correct balance is crucial.
Councilmember Harnetty wanted it understood that the church is welcome in the community and
their patience is appreciated. The council is trying to look forward and visualize the future in
what seems like a clumsy process.
The consensus of the group was to meet in a workshop setting with the architect and church to
review alternative sketches and landscaping ideas. Knowing what can and cannot work within
the constraints of the lot will be valuable when bringing this back for discussion. A Notice of a
Special Meeting for February 12, 2008 at 1:00 pm will be posted.
Commissioner Malmquist, seconded by Commissioner Maefsky, made a motion to table the
CUP request for Willowbrook Church and extend the review period to May 17, 2008. The
motion passed unanimously.
RESCHEDULE MARCH PLANNING COMMISSION MEETING
It is necessary to reschedule the regular meeting date of the March Planning Commission
meeting as Mauch 4"' is still the scheduled date set aside by the state for meetings of major party
caucuses. The City Council has already rescheduled their meeting to March 5"'. Commissioner
Malmquist, seconded by Commissioner Ness, moved to reschedule the March 4`h meeting to
Wednesday, March 5, 2008. The motion passed unanimously.
COMMISSIONER SCHWARZ — HIGHWAY 97 TASK FORCE
Commissioner Schwarz requested that the City Council officially relieve him of his position on
the Highway 97 Task Force. The council approved this request along with commending
Commissioner Schwarz for his years of service on this committee.
Commissioner Schwarz, seconded by Commissioner Malmquist, moved to adjourn.
The meeting adjourned at 10:03 p.m.
Respectfully submitted,
Brenda Eklund, Deputy Clerk
Meeting Date: 3/5/2008
Agenda Item: �16 %�
Planning Commission/ City Council
Agenda Report
City of Scandia
14727 209' St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Open and continue public hearings on the following three
applications:
a) Bracht Bros., Inc. Conditional Use Pen -nit for a sand and gravel
mining operation located on the north side of 185`' Street, east
of Oakgreen Avenue and west of Old Marine Trail.
b) Dresel Contracting, Inc. Conditional Use Pen -nit for a sand and
gravel mining operation located on 218th Street, west of Lofton
Avenue
c) Tiller Corporation. Conditional Use Permit for a gravel mining
and processing operation at 22303 Manning Trail
All property owners within one-half mile of the mining sites have
been notified of the public hearing. Notice has been published in the
city's official newspaper and posted at the Community Center and
web site.
Deadline/ Timeline: Review period ends June 12, 2008 for all three applications.
Background: • Prior to the incorporation of the City of Scandia, sand and gravel
mining was regulated by Washington County through conditional
use permits that were required to be renewed every five years.
The County's regulations were imposed in the mid 1980's, after
all three of the existing mines were established. New Scandia
Township also had an ordinance requiring an annual permit.
• Following the incorporation (1/l/07) the City assumed authority
for all planning and zoning matters. A new, updated mining
ordinance was adopted in August of 2007 (Ordinance No. 103,
Chapter 4 of the Development Code.)
• The new ordinance established a process whereby the City would
issue a new Conditional Use Permit (CUP) for each existing
mining operation. This CUP will not expire, but will run with the
land. Each year, an Annual Operator's Pen -nit (AOP) will be
issued. This new approach was determined to be more legally
defensible and gives the city additional tools to review and ensure
Page 1 of 3
02/28/08
6j c�
compliance with the CUP and ordinance requirements.
• Because the three operations were ongoing, the City agreed that
they would continue to operate under the terms of the CUPs issued
by Washington County until such time as permits are issued
through the City's new process.
• The ordinance required submission of applications for the city
CUP within 90 days of the adoption of the new mining ordinance.
All of the operators did so, but the applications were not complete
for review until February 13, 2008, when the City's review
commenced and the public hearings were scheduled. The
applicants have been notified that the City will take the full 120
days allowed by state law for review of the applications (until June
12, 2008) unless the applicant agrees to extend the review period.
• During the process of reviewing the applications for completeness,
we involved the representatives of the two watershed districts with
jurisdiction over the mining sites: Carnelian Marine St. Croix
Watershed District (CMSCWD), for all three operations; and the
Comfort Lake Forest Lake Watershed District (CLFLWD), which
includes part of the Tiller site. Section 5.2 (9) (I) of the mining
ordinance requires submission of a "plan for handling surface
drainage during operation and after final reclamation, consistent
with local surface water management plans." The city will be
able to determine if this requirement is met when the CMSCWD
issues its required permits for the three operations. A timeline for
the watershed permits is not known at this time. CMSCWD
requested additional information from the applicants, and are
currently reviewing the submissions. CLFLWD does not issue
permits at this time, but they are also reviewing the Tiller
application.
• The City must evaluate the applications using the general criteria
for all conditional use permits found in Chapter 1, Section 7.3 of
the Development Code (excerpt attached) as well as all of the
requirements of the new mining regulations (Chapter 4.)
• TKDA, the city's planning consultants, are currently reviewing the
applications. A complete review will not be available for the
March 5, 2008 public hearing. Additional technical expertise (in
the area of groundwater protection, for example) will be necessary
to fully evaluate some aspects of these applications. TKDA is in
the process of coordinating this work. The cost of the city's
review must be reimbursed by the applicants.
• For the March 5 hearing, TKDA has prepared the attached
overview and preliminary list of major issues for each of the three
applications.
Recommendation: The Planning Commission should open the public hearing and take
public testimony and questions, with the objective of identifying
issues for review of the applications. It would be appropriate to
continue the hearing to a future meeting at which time a full review is
Page 2 of 3
02/28/08
complete and recommendations on the permits can be made.
A full review of the one or more of the permit applications might be
available for the April 1, 2008 Planning Commission meeting.
However, this is dependent upon the watersheds completing their
reviews, the issues that may be identified at the March 5 meeting, and
the need to obtain additional technical assistance to evaluate the
applications.
After the approval of the CUPS, each operator will be required to
apply for their AOP. We recognize that this process will stretch into
the season for mining operations, and recommend that the City
continue to allow the operations to continue under the same terms as
in 2007. As the proposed conditional use permits will not expire or
require renewal and govern all future AOPs unless a change is
proposed by the applicant, it is critical that the city give them
thorough consideration.
Attachments/ • Location Map
Materials provided: . Conditional Use Permit Criteria
• TKDA Memoranda (3)
Mining Permit Applications
Contact(s): Richard Thompson, TKDA (651 292-4474)
Sherri Buss, TKDA (651 292-4582)
Prepared by: Anne Hurlburt, Administrator
(CUP hearings for mining operations)
Page 3 of 3
02/28/08
City of Scandia
Conditional Use Permit Criteria
Excerpt, Scandia Development Code
Chapter 1, Section 7.3: Criteria for Granting Conditional Use Permit
7.3. Criteria for Granting; Conditional Use Permit
(1) The Planning Commission may recommend to the Town Board a conditional
use permit in any district, provided the proposed use is listed as a conditional
use for the district and upon a showing that the standards and criteria stated in
this Development Code will be satisfied and that the use is in harmony with
the general purposes and intent of this Development Code and the
Comprehensive Plan. In determining whether the proposed use is in harmony
with the general purpose and intent of this Development Code and the
Comprehensive Plan, the Planning Commission shall consider:
(A) The impact of the proposed use on the health, safety and general
welfare of the occupants of the surrounding lands.
(B) Existing and anticipated traffic conditions, including parking facilities
on adjacent streets and lands.
(C) The effect of the proposed use on utility and school capacities.
(D) The effect of the proposed use on property values and scenic views in
the surrounding area.
(E) The effect of the proposed use on the Comprehensive Plan.
(F) The ability of the proposed use to meet the standards of the
Development Code.
(G) The results of a market feasibility study, if requested by the Zoning
Administrator, when the purpose for which the conditional use is being
requested relies on a business market for its success.
(H) The effects of the proposed use on groundwater, surface water and air
quality.
(I) That the proposed use is allowed with a conditional use permit in the
designated zoning district in which it is proposed.
\\Server\shareddocs\Codes Ordinances and Plans\Development Code\CUP Standards Ch 1 See 7.3.doc
TXXDA
ENGINEERS - ARCHITECTS - PLANNERS
MEMORANDUM
444 Cedar Street, Suite 1500
Saint Paul, MN 55101-2140
(651)292-4400
(651)292-0083 Fax
www.tkda.com
To: City Council Reference: Bracht Bros., Inc - Conditional Use
Planning Commission Permit Application for a Mining and
Anne Hurlburt. Administrator Processing Operation
Copies To:
Proj. No.: 13812.009
From: Sherri Buss, R.L.A. Routing:
Date: February 28 2008
SUBJECT: Bracht Bros., Inc. - Conditional Use Permit Application for a Mining and
Processing Operation
MEETING DATE: March 5, 2008
LOCATION: All that part of the south half of the Northwest Quarter of Section 35,
Township 32, Range 20, Washington County, Minnesota
APPLICANT: Bracht Bros., Inc
8303 216th Street North
Forest Lake, MN 55025
120-DAY PERIOD: June 12, 2008
ZONING: Agricultural District
ITEMS REVIEWED: Application, Plans
BRIEF DESCRIPTION OF THE REQUEST:
The Application is for a new Conditional Use Permit (CUP) for an existing sand and gravel mining operation
located on 185 h St. North in Scandia. Mining at the site predates any type of permitting. The site has been
issued five-year permits by Washington County since 1991, when the County exercised land use authority
within New Scandia Township. The Applicant proposes no change in the extent of mining and operations
from those approved in the previous County permit.
Site operations
The site is 40 acres in size. The mining permit is requested for approximately 25 of these acres. The mining
operations include extraction of sand and gravel with loaders. The material is crushed on -site using a
An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
Scandia Planning Commission Page 2 February 28, 2008
Bracht Bros, Inc., CUP for Mining
portable crusher that is periodically brought to the site when needed. A wash plant, including conveyors,
screens and a supply well, is also located on the site, in the lower portion of the mine floor. Washing with
water removes the fine particles associated with the sand and gravel. The water source is a well on the site,
and the Applicant obtains a Minnesota DNR Water Appropriations Permit annually for the well. After use in
the wash plant, the water is discharged to sedimentation basins. After settling, the water is recycled back to
the wash plant. The applicant indicates that recycled water is used for approximately 80 percent of the wash
plant operation. The sedimentation basins are dredged periodically, and the dredged material is used in site
reclamation.
The site produces approximately 15,000 cubic yards of sand and gravel per year.
The application indicates that the lowest mining elevation will be 920 ft. above sea level, and that this is 10
feet or more above the ground water elevation on the site. The existing drainage pattern retains the surface
water run-off on the site. Storm water runoff collects in the sedimentation ponds and at the lower portions of
the mine floor. The Applicant indicates that the same drainage pattern would be retained after reclamation,
with all runoff remaining within the site.
The site has some existing berms and vegetation areas around the mining operations area. No additional
screening is proposed.
Mining has been conducted in 3 phases, approximately the north 1/3, the south 1/3 and the central 1/3 of the
site, in that order. Mining is complete in the phase 1 area, and some of area has been reclaimed. A portion
of the phase 1 area is occupied by a sedimentation pond. The Applicant estimates that mining will continue
in the phase 2 area for an additional 1 to 3 years. Half of the phase 2 area has been backfilled. When mining
is complete in the phase 2 area, mining activities will move to the phase 3 area. The eastern part of the phase
2 area will be backfilled as mining begins in the phase 3 area. Processing operations will remain in the
center of the site in phase 3.
The Applicant estimates that an estimated 10-15 years of mining activity remain at the site, depending on
market demand. The Applicant notes that there is no blasting at this site.
Reclamation Plan
The proposed reclamation plan includes backfilling to create slopes up to a maximum 4:1 gradient, adding
topsoil, seeding, and mulching. The reclamation will leave a deep bowl in the mined portions of the site,
visible in the cross -sections provided by the Applicant.
EVALUATION OF THE REQUEST
The Applicant is requesting a Conditional Use Permit for a mining operation. The proposed use is governed
by the City's Ordinance No. 103, Mining and Related Activities Regulations. The Application provides
some of the information required by the ordinance. However, additional information is needed, and the
application raises some significant issues for discussion and further evaluation of the request. A summary of
the key issues identified by City staff includes the following:
Scandia Planning Commission Page 3 February 28, 2008
Bracht Bros, Inc., CUP for Mining
• The City needs to evaluate and determine the depth of the permitted excavation
o Ordinance 103 - Section 5.6 states that the City will establish the allowed depth of excavation.
The City will need to determine whether the proposed depth (920') is appropriate for this site,
given a variety of factors including soils, depth to ground water, nature of the proposed
mining operations, and local use of the aquifer.
The City needs to evaluate the proposed plan for ground water monitoring, and identify the monitoring
requirements that would be part of a Conditional Use Permit and Annual Operators Permit (AOP) for the
site. The City will require appropriate professional and technical expertise to assist with this effort.
Some of the issues related to ground water monitoring include:
o Appropriate location of the monitoring well to meet ordinance requirements
o Identification of a monitoring plan, including sampling and testing by an independent lab or
agency chosen by the city
• The City is working in cooperation with the local Watershed Districts, as they evaluate the surface water
management plan for the site to assure that it meets the requirements of the Watershed District
Management Plans.
• The City needs to evaluate the current and proposed Reclamation Plan for the site, to determine whether
it meets the requirements of Section 8.3 of the Ordinance
o The City needs to evaluate whether reclamation is occurring "concurrently and proportional to
mining activity at the site"
o Will the proposed reclamation plan result in a site that will be suitable for the future use
identified in the City's land use plan (4/40 residential development)? The site area outside the
area proposed for mining is limited.
The City needs to evaluate the operating conditions, to ensure that the site will be operated to protect the
health, safety and welfare of the community. Issues to be evaluated include the following:
o Hours of operation and maintenance operations
o Screening and site appearance
o Dust control on local roads and on site site
o Noise
o Fuel and chemical storage, and contingency response plan
ACTION REQUESTED:
Staff request that the Planning Commission review the applications and issues identified by staff. Additional
issues may be identified at the Public Hearing on March 5. Staff will continue to evaluate the Application, in
consultation with local Watershed Districts, technical experts, and others as needed to complete review of the
Application. Additional information will be provided at the next Planning Commission meeting on April 1,
2008.
TKDA
ENGINEERS - ARCHITECTS - PLANNERS
MEMORANDUM
To: City Council
Planning Commission
Anne Hurlburt, Administrator
Copies To:
From:
Date:
SUBJECT:
Sherri Buss. R.L.A.
February 28 2008
MEETING DATE:
LOCATION:
APPLICANT:
120-DAY PERIOD:
ZONING:
ITEMS REVIEWED:
444 Cedar Street, Suite 1500
Saint Paul, MN 55101-2140
(651) 292-4400
(651)292-0083 Fax
www.tkda.com
Reference: Dresel Contracting, Inc. - Conditional
Use Permit Application for a Mining
and Processing Operation
Proj. No.: 13812.009
Routing:
Dressel Contracting, Inc. - Conditional Use Permit Application for a Mining
and Processing Operation
March 5, 2008
Section 17, Township 32, Range 20
Dresel Contracting., Inc
24044 July Avenue
Chisago City, MN 55013
June 12, 2008
Agricultural District, Shoreland Overlay District
Application, Plans
BRIEF DESCRIPTION OF THE REQUEST:
The Application is for a new Conditional Use Permit (CUP) for an existing sand and gravel mining operation
located on 218th St. North in Scandia. The site has been actively mined since the 1960's. The operation had
a previous CUP granted by Washington County, when the County exercised land use authority within New
Scandia Township. Permitted activities included the mining and processing of aggregate, and the recycling
of concrete and asphalt. The Applicant proposes to expand the mining and operations from those approved
in the previous County permit.
The site includes two parcels. The western parcel is 40 acres in size, and 31 acres are proposed for mining.
This parcel is owned by Dresel. The eastern parcel includes 17 acres, and 5 of these acres are proposed to be
mined. The eastern parcel is owned by Franklin and Marcella Roth. The total site area is 57 acres, and 35 of
these are proposed for inclusion within the active mining limits.
An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
Scandia Planning Commission Page 2 February 28, 2008
Dresel Contracting Inc., CUP for Mining
Mining Operations
The mining operation includes removal of overburden, excavation of sand and gravel, crushing, washing,
screening, stockpiling of sand and gravel; recycling of concrete and asphalt products; and reclamation
activities. The overburden is removed from areas to be mined, and stockpiled on the site for use in
reclamation activities. The Applicant indicates that the site usually operates on a seasonal basis from mid -
April to mid -November, depending on weather conditions.
The aggregate is excavated using front-end loaders. Processing activities include crushing, screening, and
stockpiling. The recycling of concrete and asphalt on the site also includes crushing, screening and
stockpiling. The final product is loaded on trucks using front-end loaders and delivered to project sites. The
main access route to and from the site is Lofton Avenue (County Road 1) to 218th Street North. Both Lofton
and 218th Street are paved.
The Applicant notes that blasting does not occur at the site.
An estimated 750,000 - 1,000,000 cubic yards of aggregate reserves remain at the site. Annual production is
variable, and the Applicant indicates that the life of the facility is dependent on market demand. The phasing
plan identifies four remaining phases: 1 a is along the north boundary of the site and would be mined
concurrently with lb at the south along the entry drive; phase 2 is in the center of the site, and phase 3 is in
the eastern 1 /3 of the site.
The Phase la mining area and north boundary of the Dresel Site is adjacent to the Tiller Corporation site that
is also requesting a Conditional Use Permit for Mining and related activities. As the two sites are mined, the
Dresel and Tiller excavation areas will be joined across the boundary to form one large mining pit area.
The application notes that soil borings on the site identified the water table at an average elevation of 919
feet. Excavation on the northern portion of the site is proposed to 920 feet.
The Applicant indicates that surface water will be managed in accordance with the site's NPDES Stormwater
Pollution Prevention Plan (SWPPP), and consistent with local watershed management plans. The SWPPP
includes a variety of Best Management Practices (BMP's) to avoid discharge of untreated water from the
site, minimize erosion and sedimentation, and stabilize the site at the conclusion of mining activity.
Stormwater collects at low areas within the mining pit floor and infiltrates.
The Applicant is proposing that groundwater monitoring be conducted on an annual basis at the site. One
monitoring well will be drilled on the north end of the property. The well may function as the "down
gradient" well for this property, and the "up gradient" well for the Tiller property.
The site has some existing berms at the site entry, and wooded areas on the northwest and northeast corners
of the site. The proposed Phase 3 mining area is adjacent two wetlands on the site. No additional screening
is proposed.
Scandia Planning Commission Page 3 February 28, 2008
Dresel Contracting Inc., CUP for Mining
Reclamation Plan
The application includes a reclamation plan. The plan includes grading of disturbed areas, addition of
topsoil, seeding and mulching. The reclamation is proposed to include open space with wooded areas and a
new wetland basin. The plan will result in a large bowl area approximately 40-60 feet lower than existing
grades in the surrounding area in the central portion of the site where mining operations were located.
EVALUATION OF THE REQUEST
The Applicant is requesting a Conditional Use Permit for a mining operation. The proposed use is governed
by the City's Ordinance No. 103, Mining and Related Activities Regulations. The Application provides
some of the information required by the ordinance. However, additional information is needed, and the
application raises some significant issues for discussion and further evaluation of the request. A summary of
the key issues identified by City staff includes the following:
The City needs to evaluate and determine the depth of the permitted excavation
o Ordinance 103 - Section 5.6 states that the City will establish the allowed depth of excavation.
The City will need to determine whether the proposed depth (920') is appropriate for this site,
given a variety of factors including soils, the 1' depth to ground water on the site, nature of
the proposed mining operations, and local use of the aquifer.
The City needs to evaluate the proposed plan for ground water monitoring, and identify the monitoring
requirements that would be part of a Conditional Use Permit and Annual Operators Permit (AOP) for the
site. The City will require appropriate professional and technical expertise to assist with this effort.
Some of the issues related to ground water monitoring include:
o Appropriate location of the monitoring well to meet ordinance requirements
o Review and evaluation of the proposed monitoring plan, including sampling and testing by an
independent lab or agency chosen by the city
• The City is working in cooperation with the local Watershed Districts, as they evaluate the surface water
management plan for the site.
The City needs to evaluate the current and proposed Reclamation Plan for the site, to determine whether
it meets the requirements of Section 8.3 of the Ordinance
o The City needs to evaluate whether reclamation will occur "concurrently and proportional to
mining activity at the site"
o Will the proposed reclamation plan result in a site that will be suitable for the future use
identified in the City's land use plan (4/40 residential development)? The site area outside the
mined area is limited.
• A small area at the southeast corner of the site is located within the City's Shoreland Overlay District
(German Lake). Additional detail is needed to ensure that the proposed reclamation activities are outside
the Shoreland District. Mining is not an allowed use within this District.
Scandia Planning Commission Page 4 February 28, 2008
Dresel Contracting Inc., CUP for Mining
The City needs to evaluate the operating conditions, to ensure that the site will be operated to protect the
health, safety and welfare of the community. The CUP may include conditions that address the operating
conditions. Issues to be evaluated include the following:
o Hours of operation and maintenance operations
o Screening and site appearance
o Dust control on local roads and on site site
o Noise
o Fuel and chemical storage, and contingency response plan
ACTION REQUESTED:
Staff request that the Planning Commission review the applications and issues identified by staff. Additional
issues may be identified at the Public Hearing on March 5. Staff will continue to evaluate the Application, in
consultation with local Watershed Districts, technical experts, and others as needed to complete review of the
Application. Additional information will be provided at the next Planning Commission meeting on April 1,
2008.
TKDA
ENGINEERS - ARCHITECTS - PLANNERS
MEMORANDUM
To:
Copies To:
From:
Date:
SUBJECT:
City Council
Planning Commission
Anne Hurlburt, Administrator
Sherri Buss, R.L.A.
February 28, 2008
MEETING DATE:
LOCATION:
444 Cedar Street, Suite 1500
Saint Paul, MN 55101-2140
(651)292-4400
(651)292-0083 Fax
www.tkda.com
Reference: Tiller Corporation - Conditional Use
Penn]( Application for a Mining and
Processing Operation
Proj. No.: 14059.001
Routing:
Tiller Corporation - Conditional Use Permit Application for a Mining
and Processing Operation
March 5, 2008
Sections 7 and 8, Township 32 North, Range 20 West
APPLICANT: Tiller Corporation
7200 Hemlock Lane, Suite 200
P.O. Box 1480
Maple Grove, MN 55311-6480
120-DAY PERIOD: June 12, 2008
ZONING: Agricultural District, Shoreland Overlay District
ITEMS REVIEWED: Application, Plans
BRIEF DESCRIPTION OF THE REQUEST:
The Application is for a new Conditional Use Permit (CUP) for an existing sand and gravel mining operation
located on Manning Avenue near 225th Street in Scandia. The site has been actively mined since 1966, and
has operated under a previous CUP granted by Washington County, when the County exercised land use
authority within New Scandia Township. Pennitted activities included the mining and processing of
aggregate, the production of hot -mix asphalt, and the recycling of concrete and asphalt products.
The site includes several parcels. The total site area is 395 acres, and 155 of these are proposed for mining
and reclamation.
An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
Scandia Planning Commission Page 2 February 28, 2008
Tiller Corporation, CUP for Mining
Mining Operations
The mining operation includes removal of overburden, excavation of sand and gravel, crushing, washing,
screening, stockpiling of sand and gravel; recycling of concrete and asphalt products; the production of hot -
mix asphalt and reclamation activities. The overburden is removed from areas to be mined, and stockpiled
on the site for use in reclamation activities. The Applicant indicates that the site usually operates on a
seasonal basis from mid -April to mid -November, depending on weather conditions.
The aggregate is excavated above groundwater using front-end loaders. A dragline or excavator will be used
to excavate material within the groundwater. Processing activities include crushing, screening, and
stockpiling. The recycling of concrete and asphalt on the site also includes crushing, screening and
stockpiling.
Front-end loaders place the specified aggregates into cold feed bins. The aggregates are metered out onto a
conveyor, which delivers the aggregate into a rotating drum, where they are blended, heated and dried.
Heated asphalt cement and recycled asphalt are mixed with the heated aggregate and conveyed into insulated
overhead silos. Trucks are loaded from the silos, and weighed. The final product is delivered to project sites
throughout the area.
The asphalt plant at the site is equipped with a baghouse air pollutant collection device, and operates under a
Minnesota Pollution Control Agency (MPCA) Air Emissions Permit. Storage tanks as the site (for fuel and
asphalt cement) are regulated by the MPCA.
The main access route to and from the site are Manning Avenue (County Road 15) and Lofton Avenue
(County Road 1). Both Manning and Lofton and are paved. The haul road from Manning Avenue is paved
through the site to the hot -mix asphalt plant and loading area.
The Applicant notes that blasting does not occur at the site.
Phasing of Site Operations
The Applicant indicates that there are three phases of mining remaining at the site. Mining will occur both
above groundwater and into the groundwater in each of these phases. The Applicant indicates that due to the
variable nature of the aggregate deposit, it is necessary to mine above and below the groundwater
concurrently in order to obtain the proper blend of aggregates. Mining into the groundwater will occur for
the first time under the new permit. This activity has been described in the previous mining plans for this
site, and was evaluated in the Environmental Assessment Worksheets completed for the Tiller site in 1987
and 1999, but has not been implemented in previous mining phases.
The Phasing Plan indicates that Phase 1 a and lb will occur throughout the central portion of the site. Phase 2
will expand the operation to the east, and Phase 3 will expand operations to the east again.
An estimated 9 million cubic yards of aggregate reserves remain at the site. Annual production at the site is
300,000 to 400,000 cubic yards. The Applicant indicates that the life of the facility is estimated to be about
20 to 30 years, but is dependent on market demand. The phasing plan identifies four remaining phases: I a is
Scandia Planning Commission Page 3
Tiller Corporation, CUP for Mining February 28, 2008
along the north boundary of the site and would be mined concurrently with lb at the south along the entry
drive; phase 2 is in the center of the site, and phase 3 is in the eastern 1 /3 of the site.
Groundwater and Surface Water
Maps included in the application indicate that the water table is located at an average elevation of
approximately 920 feet. The bottom depth of the lake proposed to be created as a part of site reclamation is
mapped at approximately 870 feet.
The Applicant describes a variety of measures instituted at the site to control potential spills. A Spill
Prevention Control and Counter Measures Plan has been prepared for the site, including reporting
requirements that meet state statutes and regulations.
Groundwater monitoring is conducted on an annual basis at the three wells on the site. The monitoring well
network will be expanded prior to mining into the groundwater. Three additional monitoring wells will be
installed before mining activity begins to monitor groundwater quantity and quality. The wells will be used
to record water levels twice a year during the spring and fall. The wells will also help to define the regional
water table near German Lake, and to monitor fluctuations of groundwater levels associated with mining activity. Monitoring results will be submitted to the City of Scandia.
The Applicant indicates that surface water will be managed in accordance with the site's NPDES Stormwater
Pollution Prevention Plan (SWPPP), and consistent with local watershed management plans. The SWPPP
includes a variety of Best Management Practices (BMP's) to avoid discharge of untreated water from the
site, minimize erosion and sedimentation, and stabilize the site at the conclusion of mining activity.
Stormwater collects on the floor of the mining operation to handle internal drainage. It is pumped when
needed to a second upland sedimentation basin for additional treatment. If this second basin overflows, the
water enters an infiltration basin area prior to entering a wetland on the site. There are no pennanent ponds
for washing operations. Temporary ponds are located near the washing plant. Sediment from the ponds is
used in reclamation activities.
Berms and Screening
The site has some existing berms at the site entry from Lofton Avenue and on the northern boundary. It is
also screened by wooded areas on the west and southeast portions of the site. No additional screening is
proposed.
Reclamation Plait
The reclamation plan includes slope stabilization, seeding and mulching. It also includes creation of a 50-
acre lake in the central portion of the site.
Environmental Review Completed on the Site
Two Environmental Assessment Worksheets (EAWs) have been completed for this mining facility. The first
was completed in 1987 as a part of the initial permitting process. The second EAW was completed in 1999
Scandia Planning Commission Page 4 February 28, 2008
Tiller Corporation, CUP for Mining
for a proposed expansion of the facility. At that time, the mining limits were revised by adding areas to be
mined on the east side of the property, and removing areas that were more environmentally sensitive on the
western side of the property from the mining limits. The scope of operations and mining limits proposed in
the current permit application to the City are consistent with the scope of the operations and mining limits
reviewed in the 1999 EAW. The site is exempt from further environmental review, unless the proposed
mining and related operations expand beyond those evaluated in the 1999 EAW.
Both EAWs included evaluation of environmental impacts that could result from mining into the
groundwater to the degree proposed in this application, and creation of a lake as a part of the reclamation
plan. During the EAW process, Washington County hired Barr Engineering Company to perform a
hydrogeologic investigation of the impacts of mining into the groundwater, and the potential impacts of the
artificial lake on German Lake. The report determined that the impacts of the withdrawal of gravel from
below the water table would have a negligible long-term effect on the water table and the level of German
Lake.
EVALUATION OF THE REQUEST
The Applicant is requesting a Conditional Use Permit for a mining operation. The proposed use is governed
by the City's Ordinance No. 103, Mining and Related Activities Regulations. The Application provides
some of the information required by the ordinance. However, some additional information is needed, and the
application raises some significant issues for discussion and further evaluation of the request. A summary of
the key issues identified by City staff includes the following:
The City needs to evaluate and determine the depth of the permitted excavation
o Ordinance 103 - Section 5.6 states that the City will establish the allowed depth of excavation.
The City will need to determine whether the proposed depth is appropriate for this site, given
a variety of factors including soils, nature of the proposed mining operations, and
environmental evaluations completed on the site.
The City needs to evaluate the proposed plan for ground water monitoring, and identify the monitoring
requirements that would be part of a Conditional Use Permit and Annual Operators Permit (AOP) for the
site. The City will require appropriate professional and technical expertise to assist with this effort.
Some of the issues related to ground water monitoring include:
o Appropriate location of the monitoring well to meet ordinance requirements
o Review and evaluation of the proposed monitoring plan, including sampling and testing by an
independent lab or agency chosen by the city
o Determine the potential for impacts, if any, to surrounding properties and private wells
• The City is working in cooperation with the local Watershed Districts, as they evaluate the surface water
management plan for the site.
The City needs to evaluate the current and proposed Reclamation Plan for the site, to determine whether
it meets the requirements of Section 8.3 of the Ordinance
o The City needs to evaluate whether reclamation will occur "concurrently and proportional to
mining activity at the site"
Scandia Planning Commission Page 5 February 28, 2008
Tiller Corporation, CUP for Mining
o Will the proposed reclamation plan result in a site that will be suitable for the future use
identified in the City's land use plan (4/40 residential development)?
• A portion of the site is located within the City's Shoreland Overlay District (German Lake). No mining
operations are proposed in the Shoreland District.
The City needs to evaluate the operating conditions, to ensure that the site will be operated to protect the
health, safety and welfare of the community. The CUP may include conditions that address the operating
conditions. Issues to be evaluated include the following:
o Hours of operation and maintenance operations
o Screening and site appearance
o Dust control on local roads and on site site
o Noise from all operations on the site
o Fuel and chemical storage, and contingency response plan
ACTION REQUESTED:
Staff request that the Planning Commission review the applications and issues identified by staff. Additional
issues may be identified at the Public Hearing on March 5. Staff will continue to evaluate the Application, in
consultation with local Watershed Districts, technical experts, and others as needed to complete review of the
Application. Additional information will be provided at the next Planning Commission meeting on April 1,
2008.
iviar. 4. LVVO �:34rlvl UJDd11( �,nI IV01
3/4/08
To the Planning Commission of the City of Scandia
RECEIVED
MAR - 4 2008
CITY OF SCANDIA
Re: application of Tiller Corporation for a Conditional Use Permit to operate gravel
mitring and processing operation of 22303 Manning Trail_
I would like to add that when trucks are exiting on to Lofton from the gravel pit loaded or
otherwise, Lofton Avenue needs to be swept/washed and cleaned up_ Many of the
residents that use Lofton Avenue are hitting the debris at 50 mph and it becomes a safety
issue. Especially when it's inclement weather. Thank you.
If you need clarification, please feel free to contact me.
Kelly Wilke
12166 — 22801 Street N.
Scaadia, MN 55073
651-433-5011
Meeting Date: 3/5/2008
Agenda Item: f ,f
Planning Commission/ City Council
Agenda Report iJ)
City of Scandia
14727 209" St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Hold a public hearing on an Amendment to the Development Code to
add Chapter 6, Floodplain Management Regulations (Draft Ordinance
No. 110).
If the City Council adopts the ordinance, the Council should take the
following additional actions:
• Adopt Resolution No. 03-05-08-01, Approving the Title and
Summary of the Floodplain Management Regulations
• Adopt Resolution No. 03-05-08-02, Resolution to Apply to
Participate in the National .Flood Insurance Program
Deadline/ Timeline: The ordinance should be adopted as soon as possible to replace the
county regulations which have lapsed.
Background: • Scandia's Development Code adopts the Washington County
Floodplain Management Regulations by reference. Scandia has
been a participant in the National Flood Insurance Program (NFIP)
under the auspices of the county. The NFIP allows homeowners
to purchase insurance that would not otherwise be available at
reasonable rates.
FEMA (the Federal Emergency Management Agency, which
administers the NFIP) has ruled that, since the incorporation
occurred, Scandia may no longer operate under the county's
floodplain regulations and our participation in the NFIP has
lapsed. We were notified of this by the Minnesota DNR in the late
fall of 2006. The DNR advised that Scandia should adopt its own
regulations and enroll in the NFIP as soon as possible. There are
approximately two dozen flood insurance policies in effect within
the city. The lapse in the program could cause problems for these
property owners if they have a claim on their policies or need to
sell or refinance their homes.
The draft ordinance was prepared using a model recommended by
the DNR. It references the Flood Insurance Rate Map (FIRM)
from 1981/1982, which is still in effect. New FIRMs for
Page 1 of 2
02/22/08
Washington County were recently issued, and following their
adoption the City will be required to modify the floodplain
regulations to adopt the new maps. That is expected to occur
sometime during the second half of this year.
A summary has been prepared to save publication costs. If a
supermajority (4 of 5) of the Council approves, it can be published
in lieu of the entire 31-page ordinance.
Recommendation: I recommend that the Planning Commission hold the public hearing
and that the Council adopt the ordinance and approve the resolutions
approving summary publication and enrollment in the National Flood
Insurance Program.
Attachments/ • Draft Ordinance No. 110, Floodplain Management Regulations
Materials provided: . Flood Insurance Rate Map
• Draft Resolution No. 03-05-08-01, Approving the Title and
Summary of the Floodplain Management Regulations
• Draft Resolution No. 03-05-08-02, Resolution to Apply to
Participate in the National Flood Insurance Program
Contact(s):
Prepared by: Anne Hurlburt, Administrator
(floodplain regulations)
Page 2 of 2
02/22/08
CITY OF SCANDIA
ORDINANCE NO. 110
AN ORDINANCE ADOPTING A NEW CHAPTER 6 OF THE DEVELOPMENT CODE OF
THE CITY OF SCANDIA AND PERTAINING
TO FLOODPLAIN MANAGEMENT REGULATIONS
The City Council of the City of Scandia hereby ordains as follows:
Section 1. Amendment. Section 11. Overlay Districts of Chapter Two of the Development
Code of the City of Scandia is hereby amended to add Section 11.3 as follows:
11.3 Floodplain Management Overlay District. Properties and uses within this district
are regulated in accordance with Chapter Six of this Development Code.
Section 2. Amendment. A new Chapter 6 entitled "Floodplain Management Regulations"
is hereby adopted and added to the Development Code of the City of Scandia as hereinafter stated.
Draft 02/11/08
Chapter Six 0 Floodplain Management Regulations
CITY OF SCANDIA DEVELOPMENT CODE
CHAPTER SIX
FLOODPLAIN MANAGEMENT REGULATIONS
Table of Contents
SECTION 1.0 STATUTORYAUTHORIZATION, FINDINGS OF FACT AND PURPOSE
1.1 Statutory Authorization............................................................................................ 6.1-1
1.2 Findings of Fact........................................................................................................6.1-1
1.3 Statement of Purpose................................................................................................6.1-1
SECTION 2.0 GENERAL PROVISIONS
2.1
Lands to Which Chapter Applies.............................................................................6.2-1
2.2
Establishment of Official Zoning Map.....................................................................6.2-1
2.3
Regulatory Flood Protection Elevation....................................................................6.2-1
2.4
Interpretation............................................................................................................
6.2-1
2.5
Abrogation and Greater Restrictions........................................................................6.2-1
2.6
Warning and Disclaimer of Liability.......................................................................
6.2-1
2.7
Severability..............................................................................................................
6.2-2
2.8
Definitions................................................................................................................6.2-2
2.9
Annexations..............................................................................................................6.2-4
SECTION 3.0
ESTABLISHMENT OF ZONING DISTRICTS
3.1
Districts....................................................................................................................6.3-1
3.2
Compliance..............................................................................................................6.3-1
SECTION4.0 FLOOD WAYDISTRICT (F99
4.1 Permitted Uses.........................................................................................................6.4-1
4.2 Standards for Floodway Permitted Uses..................................................................6.4-1
4.3 Conditional Uses...................................................................................................... 6.4-1
4.4 Standards for Floodway Conditional Uses...............................................................6.4-1
SECTION S. 0 FLOOD FRINGE DISTRICT (FF)
5.1 Permitted Uses.........................................................................................................6.5-1
5.2 Standards for Flood Fringe Permitted Uses.............................................................6.5-1
5.3 Conditional Uses......................................................................................................6.5-1
5.4 Standards for Flood Fringe Conditional Uses..........................................................6.5-1
5.5 Standards for All Flood Fringc Uscs........................................................................6.5-3
SECTION 6.0 GENERAL FLOOD PLAIN DISTRICT
6.1 Permissible Uses......................................................................................................6.6-1
6.2 Procedures for Floodway and Flood Fringe Determinations...................................6.6-1
City of Scandia Development Code TOC-1
Draft 02/11/08
Chapter Six 0 Floodplain Management Regulations
SECTION 7.0 SUBDIVISIONS
7.1 Land Suitability Review Criteria..............................................................................6.7-1
7.2 Requirements for Floodway/Flood Fringe Determinations......................................6.7-1
7.3 Removal of Special Flood Hazard Area Designation..............................................6.7-1
SECTION 8.0 UTILITIES, RAILROADS, ROADS, AND BRIDGES
8.1 Public Utilities..........................................................................................................6.8-1
8.2 Public Transportation Facilities...............................................................................6.8-1
8.3 On -site Sewage Treatment and Water Supply Systems...........................................6.8-1
SECTION 9.0 PLACEMENT OF RECREATIONAL VEHICLES
9.1 Recreational Vehicles...............................................................................................6.9-1
SECTION 10.0 ADMINISTRATION
10.1 Building Official......................................................................................................6.10-1
10.2 Permits, Certification Requirements and Record Keeping......................................6.10-1
10.3 Appeals and Variances/Duties of the Board of Adjustments and Appeals ..............6.10-2
10.4 Conditional Uses -Standards and Evaluation Procedures ........................... .............. 6.10-3
SECTION 11.0 NONCONFORMING USES................................................................................. 6.11-1
SECTION 12.0 PENALTIES FOR VIOLATION.......................................................................... 6.12-1
SECTION13.0 AMENDMENTS...................................................................................................6.13-1
Uity of Jcandia Development Code TOC-2
Draft 02/11/08
Chapter Six 0 Floodplain Management Regulations
FLOODPLAIN MANAGEMENT ORDINANCE
SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE
1.1 Statutory Authorization. The legislature of the State of Minnesota has, in Minnesota Statutes Chapter
103F and Minnesota Statutes 462.357 delegated the responsibility to local government units to adopt
regulations designed to minimize flood losses. This Chapter of the City of Scandia Development Code
shall be known as the City of Scandia Floodplain Management Ordinance and may be referred to in this
Chapter as "this Chapter" or the "Floodplain Management Ordinance".
1.2 Findings of Fact.
(1) The flood hazard areas of the City of Scandia, Minnesota, are subject to periodic inundation
which results in potential loss of life, loss of property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures or flood protection and
relief; and impairment of the tax base, all of which adversely affect the public health, safety, and
general welfare.
(2) Methods Used to Analyze Flood Hazards. This Chapter is based upon a reasonable method of
analyzing flood hazards which is consistent with the standards established by the Minnesota
Department of Natural Resources.
(3) National Flood Insurance Program Compliance. This Chapter is adopted to comply with the
rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal
Regulations Parts 59 -78, as amended, so as to maintain the community's eligibility in the
National Flood Insurance Program.
1.3 Statement of Purpose. It is the purpose of this Chapter to promote the public health, safety, and general
welfare and to minimize those losses described in Section 1.21 by provisions contained herein.
City of Scandia Development Code 6 1-1
Draft 02/11 /08
Chapter Six 0 Floodplain Management Regulations
SECTION 2.0 GENERAL PROVISIONS
2.1 Lands to Which Chapter Applies. This Chapter shall apply to all lands within the jurisdiction of the
City of Scandia shown on the Official Zoning Map and/or the attachments thereto as being located
within the boundaries of the Floodway, Flood Fringe, or General Flood Plain Districts.
2.2 Establislvnent of Official Zoning Map. The Flood Insurance Study for Washington County prepared
by the Federal Emergency Management Agency dated November 17, 1981, and the Flood Insurance
Rate Map (Community Panel Number 270499 0025 B) dated May 17, 1982 are hereby adopted by
reference and declared to be a part of the Official Zoning Map, as established by Chapter 2, Section 1
of the Scandia Development Code and this Chapter. The Official Zoning Map shall be on file in the
Office of the City Clerk and the Building Official.
2.3 Regulatory Flood Protection Elevation. The regulatory flood protection elevation shall be an elevation
no lower than one foot above the elevation of the regional flood plus any increases in flood elevation
caused by encroachments on the flood plain that result from designation of a floodway.
2.4 Interpretation.
(1) In their interpretation and application, the provisions of this Chapter shall be held to be
minimum requirements and shall be liberally construed in favor of the Governing Body and shall
not be deemed a limitation or repeal of any other powers granted by state statutes.
(2) The boundaries of the zoning districts shall be determined by scaling distances on the Official
Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the
district as shown on the Official Zoning Map, as for example where there appears to be a conflict
between a mapped boundary and actual field conditions and there is a formal appeal of the
decision of the Building Official, the Board of Adjustments and Appeals shall make the
necessary interpretation. All decisions will be based on elevations on the regional (100-year)
flood profile, the ground elevations that existed on the site at the time the Community adopted
its initial floodplain ordinance or on the date of the first National Flood Insurance Program map
showing the area within the 100-year floodplain if earlier, and other available technical data.
Persons contesting the location of the district boundaries shall be given a reasonable opportunity
to present their case to the Board of Adjustments and Appeals and to submit technical evidence.
2.5 Abrogation and Greater Restrictions It is not intended by this Chapter to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However, where this Chapter imposes greater
restrictions, the provisions of this Chapter shall prevail. All other ordinances inconsistent with this
Chapter are hereby repealed to the extent of the inconsistency only.
2.6 Warning and Disclaimer of Liability. This Chapter does not imply that areas outside the flood plain
districts or land uses pennitted within such districts will be free from flooding or flood damages. This
Chapter shall not create liability on the part of the City of Scandia or any officer or employee thereof
for any flood damages that result from reliance on this Chapter or any administrative decision lawfully
made thereunder.
L-iry or :!)canma ueveiopment Code 6.2-1
Draft 02/11/08
Chapter Six 0 Floodplain Management Regulations
2.7 Severability. If any section, clause, provision, or portion of this Chapter is adjudged unconstitutional
or invalid by a court of competent jurisdiction, the remainder of this Chapter shall not be affected
thereby.
2.8 Definitions. Unless specifically defined below, words or phrases used in this Chapter shall be
interpreted so as to give them the same meaning as they have in common usage and so as to give this
Chapter its most reasonable application.
(1) Accessory Use or Structure. A use or structure on the same lot with, and of a nature customarily
incidental and subordinate to, the principal use or structure.
(2) Basement. Any area of a structure, including crawl spaces, having its floor or base subgrade
(below ground level) on all four sides, regardless of the depth of excavation below ground level.
(3) Conditional Use. A specific type of structure or land use listed in the official control that may be
allowed but only after an in-depth review procedure and with appropriate conditions or
restrictions as provided in the official zoning controls or building codes and upon a finding that:
(A) Certain conditions as detailed in the zoning ordinance exist.
(B) The structure and/or land use conform to the comprehensive land use plan if one exists and
are compatible with the existing neighborhood.
(4) Equal Degree of Encroachment. A method of determining the location of floodway boundaries
so that flood plain lands on both sides of a stream are capable of conveying a proportionate share
of flood flows.
(5) Flood. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake
that results in the inundation of normally dry areas.
(6) Flood Frequency_ The frequency for which it is expected that a specific flood stage or discharge
may be equaled or exceeded.
(7) Flood Fringe. That portion of the flood plain outside of the floodway. Flood fringe is
synonymous with the term "floodway fringe" used in the Flood Insurance Study for Washington
County.
(8) Flood Plain. The beds proper and the areas adjoining a wetland, lake or watercourse which have
been or hereafter may be covered by the regional flood.
(9) 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.
(10) Floodway. The bed of a wetland or lake and the channel of a watercourse and those portions of
the adjoining flood plain which are reasonably required to carry or store the regional flood
discharge.
City of Scandia Development Code 6 2_2
Draft 02/11/08
Chapter Six 0 Floodplain Management Regulations
(11) Lowest Floor. The lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or
storage in an area other than a basement area, is not considered a building's lowest floor.
(12) Manufactured Home. A structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when attached
to the required utilities. The term "manufactured home" does not include the term "recreational
vehicle."
(13) Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection,
excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure,
or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain
which may impede, retard, or change the direction of the flow of water, either in itself or by
catching or collecting debris carried by such water.
(14) Ordinary High Water Level. The boundary of water basins, watercourses, public waters, and
public waters wetlands as defined in Minnesota Statutes 103G.005, subdivision 14.
(15) Principal Use or Structure. All uses or structures that are not accessory uses or structures.
(16) Reach. A hydraulic engineering term to describe a longitudinal segment of a stream or river
influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or
river between two consecutive bridge crossings would most typically constitute a reach.
(17) Recreational Vehicle. A vehicle that is built on a single chassis, is 400 square feet or less when
measured at the largest horizontal projection, is designed to be self-propelled or permanently
towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but
as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes
of this Chapter, the term recreational vehicle shall be synonymous with the term travel
trailer/travel vehicle.
(18) 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 100-year recurrence interval. Regional flood is
synonymous with the term "base flood" used in a flood insurance study.
(19) Regulatory Flood Protection Elevation. The regulatory flood protection elevation shall be an
elevation no lower than one foot above the elevation of the regional flood plus any increases in
flood elevation caused by encroachments on the flood plain that result from designation of a
floodway.
(20) Structure. Anything constructed or erected on the ground or attached to the ground or on -site
utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins,
recreational vehicles not meeting the exemption criteria specified in Section 9.1 (1) of this
Chapter and other similar items.
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(21) 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 50 percent of the market
value of the structure before the damage occurred.
(22) Substantial hnprovement. Within any consecutive 365-day period, any reconstruction,
rehabilitation (including normal maintenance and repair), repair after damage, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value
of the structure before the "start of construction" of the improvement. This term includes
structures that have incurred "substantial damage," regardless of the actual repair work
performed. The term does not, however, include either:
(A) Any project for improvement of a structure to correct existing violations of state or local
health, sanitary, or safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living
conditions.
(B) Any alteration of an "historic structure," provided that the alteration will not preclude the
structure's continued designation as an "historic structure." For the purpose of this
Chapter, "historic structure" shall be as defined in 44 Code of Federal Regulations, Part
59.1.
(23) Variance. A modification of a specific permitted development standard required in an official
control including this Chapter to allow an alternative development standard not stated as
acceptable in the official control, but only as applied to a particular property for the purpose of
alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon
in a community's respective planning and zoning enabling legislation.
2.9 Annexations. The Flood Insurance Rate Map panels adopted by reference into Section 2.2 above may
include floodplain areas that lie outside of the corporate boundaries of City of Scandia at the time of
adoption of this Chapter. If any of these floodplain land areas are annexed into the City of Scandia
after the date of adoption of this Chapter, the newly annexed floodplain lands shall be subject to the
provisions of this Chapter immediately upon the date of annexation into the City of Scandia.
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SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS
3.1 Districts. The floodplain areas within the jurisdiction of this Chapter are hereby divided into three
Districts:
(1) Floodway District. The Floodway District shall include those areas shown on the Flood Insurance
Rate Map as adopted in Section 2.2 as being within Zone A or Zone AE and that are at or below
the ordinary high water elevation of public waters or public waters wetlands basins as defined in
Minnesota Statutes 103G.005, subdivision 14. For the St. Croix River, the floodway shall be
determined in accordance with Section 6.2.
(2) Flood Fringe District. The Flood Fringe District shall include those areas designated as floodway
fringe. The Flood Fringe District shall include those areas shown within Zones A, AE, A0, or AR
on the Flood Insurance Rate Map adopted in Section 2.2 but being located above the ordinary
high water level of public waters and public waters wetlands. For the St. Croix River the flood
fringe shall be determined in accordance with Section 6.2.
(3) General Flood Plain District. The General Flood Plain District shall include those areas
designated as Zone A, or Zones AE, A0, or AH without a floodway on the Flood Insurance Rate
Map adopted in Section 2.2.
3.2 Compliance. No new structure or land shall hereafter be used and no structure shall be constructed,
located, extended, converted, or structurally altered without full compliance with the terms of this
Chapter and other applicable regulations which apply to uses within the jurisdiction of this Chapter.
Within the Floodway, Flood Fringe and General Flood Plain Districts, all uses not listed as permitted
uses or conditional uses in Sections 4.0, 5.0 and 6.0 that follow, respectively, shall be prohibited. In
addition, a caution is provided here that:
(1) Recreational vehicles are subject to the general provisions of this Chapter and specifically
Section 9.0.
(2) Modifications, additions, structural alterations, normal maintenance and repair, or repair after
damage to existing nonconforming structures and nonconforming uses of structures or land are
regulated by the general provisions of this Chapter and specifically Section 11.0.
(3) As -built elevations for elevated or flood proofed structures must be certified by ground surveys
and flood proofing techniques must be designed and certified by a registered professional
engineer or architect as specified in the general provisions of this Chapter and specifically as
stated in Section 10.0 of this Chapter.
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4.1 Permitted Uses.
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SECTION 4.0 FLOODWAY DISTRICT (FW)
(1) General open space uses only such as private and public boat launching ramps, swimming areas,
parks, wildlife and nature preserves, fish hatcheries, and hunting and fishing areas.
(2) On the St. Croix River only, residential lawns, gardens, parking areas, and play areas.
4.2 Standards for Floodway Permitted Uses.
(1) The use shall have a low flood damage potential.
(2) The use shall be permissible in the underlying zoning district if one exists.
(3) The use shall not obstruct flood flows or increase flood elevations and shall not involve
structures, fill, obstructions, excavations or storage of materials or equipment.
(4) The use in public waters and public waters wetlands shall comply with Minnesota
Statutes 103G.245.
4.3 Conditional Uses.
(1) Structures accessory to the uses listed in 4.1 above.
(2) Marinas, boat rentals, docks, piers, wharves, and water control structures.
(3) Railroads, streets, bridges, utility transmission lines, and pipelines.
(4) Placement of fill or construction of fences.
(5) Structural works for flood control such as levees, dikes and floodwalls constructed to any height
where the intent is to protect individual structures and levees or dikes where the intent is to
protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency
flood event.
4.4 Standards for Floodway Conditional Uses.
(1) All Uses. No structure (temporary or permanent), fill (including fill for roads and levees),
deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a
conditional use that will cause any increase in the stage of the 100 year or regional flood or
cause an increase in flood damages in the reach or reaches affected.
(2) All floodway conditional uses in public waters and public waters wetlands shall comply with
Minnesota Statutes 103G.245.
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(3) All floodway conditional uses shall be subject to the procedures and standards contained in
Section 10.4 of this Chapter.
(4) The conditional use shall be permissible in the underlying zoning district if one exists.
(5) Fill.
(A) Fill, dredge spoil, and all other similar materials deposited or stored in the flood plain shall
be protected from erosion by vegetative cover, mulching, riprap or other acceptable
method.
(B) Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway
unless a long-term site development plan is submitted which includes an
erosion/sedimentation prevention element to the plan.
(C) As an alternative, and consistent with Subsection (b) immediately above, dredge spoil
disposal and sand and gravel operations may allow temporary, on -site storage of fill or
other materials which would have caused an increase to the stage of the 100-year or
regional flood but only after the Governing Body has received an appropriate plan which
assures the removal of the materials from the floodway based upon the flood warning time
available. The conditional use permit must be title registered with the property in the
Office of the County Recorder.
(D) Fill in public waters and public waters wetlands shall comply with Minnesota Statutes
103G.245.
(6) Accessory Structures.
(A) Accessory structures shall not be designed for human habitation.
(B) Accessory structures, if permitted, shall be constructed and placed on the building site so
as to offer the minimum obstruction to the flow of flood waters:
1. Whenever possible, structures shall be constructed with the longitudinal axis parallel
to the direction of flood flow; and
2. So far as practicable, structures shall be placed approximately on the same flood
flow lines as those of adjoining structures.
(C) Accessory structures shall be elevated on fill or structurally dry flood proofed in
accordance with the FP-1 or FP-2 flood proofing classifications in the State Building
Code. As an alternative, an accessory structure may be flood proofed to the FP-3 or FP-4
flood proofing classification in the State Building Code provided the accessory structure
constitutes a minimal investment, does not exceed 500 square feet in size at its largest
projection, and for a detached garage, the detached garage must be used solely for parking
of vehicles and limited storage. All flood proofed accessory structures must meet the
following additional standards:
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1. The structure must be adequately anchored to prevent flotation, collapse or lateral
movement of the structure and shall be designed to equalize hydrostatic flood forces on
exterior walls;
2. Any mechanical and utility equipment in a structure must be elevated to or above the
regulatory flood protection elevation or properly flood proofed; and
3. To allow for the equalization of hydrostatic pressure, there must be a minimum of
two "automatic" openings in the outside walls of the structure having a total net area of not
less than one square inch for every square foot of enclosed area subject to flooding. There
must be openings on at least two sides of the structure and the bottom of all openings must
be no higher than one foot above the lowest adjacent grade to the structure. Using human
intervention to open a garage door prior to flooding will not satisfy this requirement for
automatic openings.
(7) Storage of Materials and Equipment.
(A) The storage or processing of materials that are, in time of flooding, flammable, explosive,
or potentially injurious to human, animal, or plant life is prohibited.
(A) Storage of other materials or equipment may be allowed if readily removable from the area
within the time available after a flood warning and in accordance with a plan approved by
the Governing Body.
(8) Structural works for flood control that will change the course, current or cross section of
protected wetlands or public waters shall be subject to the provisions of Minnesota Statute,
Chapter 103G. Community -wide structural works for flood control intended to remove areas
from the regulatory flood plain shall not be allowed in the floodway.
(9) A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100-
year or regional flood and the technical analysis must assume equal conveyance or storage loss
on both sides of a stream.
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SECTION 5.0 FLOOD FRINGE DISTRICT (FF)
5.1 Permitted Uses. Permitted uses shall be those uses of land or structures listed as permitted uses in the
underlying zoning use district and any other applicable overlay zoning district. All permitted uses shall
comply with the standards for Flood Fringe District "Permitted Uses" listed in Section 5.2 and the
"Standards for all Flood Fringe Uses" listed in Section 5.5.
5.2 Standards for Flood Fringe Permitted Uses
(1) All structures, including accessory structures, must be elevated on fill so that the lowest floor
including basement floor is at or above the regulatory flood protection elevation. The finished
fill elevation for structures shall be no lower than one (1) foot below the regulatory flood
protection elevation and the fill shall extend at such elevation at least fifteen (15) feet beyond the
outside limits of the structure erected thereon.
(2) As an alternative to elevation on fill, accessory structures that constitute a minimal investment
and that do not exceed 500 square feet at its largest projection may be internally flood proofed in
accordance with Section 4.4 (6) (C).
(3) The cumulative placement of fill where at any one time in excess of one -thousand (1,000) cubic
yards of fill is located on the parcel shall be allowable only as a conditional use, unless said fill
is specifically intended to elevate a structure in accordance with Section 5.2 (1) of this Chapter.
(4) The storage of any materials or equipment shall be elevated on fill to the regulatory flood
protection elevation.
(5) The provisions of Section 5.5 of this Chapter shall apply.
5.3 Conditional Uses. Any structure that is not elevated on fill or flood proofed in accordance with
Section 5.2 (1) - 5.2 (2) and or any use of land that does not comply with the standards in Section 5.2
(3) - 5.2 (4) shall only be allowable as a conditional use. An application for a conditional use shall be
subject to the standards and criteria and evaluation procedures specified in Sections 5.4-5.5 and 10.4 of
this Chapter.
5.4 Standards for Flood Fringe Conditional Uses
(1) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's
lowest floor above the regulatory flood protection elevation. 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 basement or lowest floor if. 1) the enclosed area is above -grade on at
least one side of the structure; 2) it is designed to internally flood and is constructed with flood
resistant materials; and 3) it is used solely for parking of vehicles, building access or storage.
The above -noted alternative elevation methods are subject to the following additional standards:
(A) Design and Certification - The structure's design and as -built condition must be certified
by a registered professional engineer or architect as being in compliance with the general
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Chapter Six 0 Floodplain Management Regulations
design standards of the State Building Code and, specifically, that all electrical, heating,
ventilation, plumbing and air conditioning equipment and other service facilities must be
at or above the regulatory flood protection elevation or be designed to prevent flood water
from entering or accumulating within these components during times of flooding.
(B) Specific Standards for Above -grade, Enclosed Areas - Above -grade, fully enclosed areas
such as crawl spaces or tuck under garages must be designed to internally flood and the
design plans must stipulate:
1. 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 openings on at least two sides
of the structure and the bottom of all openings shall be no higher than one -foot above
grade. The automatic openings shall have a minimum net area of not less than one square
inch for every square foot of enclosed area subject to flooding unless a registered
professional engineer or architect certifies that a smaller net area would suffice. The
automatic openings may be equipped with screens, louvers, valves, or other coverings or
devices provided that they permit the automatic entry and exit of flood waters without any
form of human intervention; and
2. That the enclosed area will be designed of flood resistant materials in accordance
with the FP-3 or FP-4 classifications in the State Building Code and shall be used solely
for building access, parking of vehicles or storage.
(2) Basements, as defined by Section 2.8 (2) of this Chapter, shall be subject to the following:
(A) Residential basement construction shall not be allowed below the regulatory flood
protection elevation.
(B) Non-residential basements may be allowed below the regulatory flood protection elevation
provided the basement is structurally dry flood proofed in accordance with Section 5.4 (3)
of this Chapter.
(3) All areas of non residential structures including basements to be placed below the regulatory
flood protection elevation shall be flood proofed in accordance with the 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. Structures flood proofed to the FP-3 or FP-4 classification
shall not be permitted.
(4) When at any one time more than 1,000 cubic yards of fill or other similar material is located on a
parcel for such activities as on -site storage, landscaping, sand and gravel operations, landfills,
roads, dredge spoil disposal or construction of flood control works, an erosion/sedimentation
control plan must be submitted unless the community is enforcing a state approved shoreland
management ordinance. In the absence of a state approved shoreland ordinance, the plan must
clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of
City of Scandia Development Code 6.5-2
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Chapter Six 0 Floodplain Management Regulations
the 100-year or regional flood event. The plan must be prepared and certified by a registered
professional engineer or other qualified individual acceptable to the Governing Body. The plan
may incorporate alternative procedures for removal of the material from the flood plain if
adequate flood warning time exists.
(5) Storage of Materials and Equipment:
(A) The storage or processing of materials that are, in time of flooding, flammable, explosive,
or potentially injurious to human, animal, or plant life is prohibited.
(B) Storage of other materials or equipment may be allowed if readily removable from the area
within the time available after a flood warning and in accordance with a plan approved by
the Governing Body.
(6) The provisions of Section 5.5 of this Chapter shall also apply.
5.5 Standards for All Flood Fringe Uses.
(1) All new principal structures must have vehicular access at or above an elevation not more than
two (2) feet below the regulatory flood protection elevation. If a variance to this requirement is
granted, the Board of Adjustments and Appeals 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.
(2) Commercial Uses - accessory land uses, such as yards, railroad tracks, and parking lots may be
at elevations lower than the regulatory flood protection elevation. 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 if the area would be
inundated to a depth and velocity such that when multiplying the depth (in feet) times velocity
(in feet per second) the product number exceeds four (4) upon occurrence of the regional flood.
(3) Manufacturing and Industrial Uses - measures shall be taken 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 Section 5.52 above. In considering permit applications, due
consideration shall be given to needs of an industry whose business requires that it be located in
flood plain areas.
(4) Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap,
vegetative cover or other acceptable method. The Federal Emergency Management Agency
(FEMA) has established criteria for removing the special flood hazard area designation for
certain structures properly elevated on fill above the 100-year flood elevation - FEMA's
requirements incorporate specific fill compaction and side slope protection standards for 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.
City of Scandia Development Code 6.5-3
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(5) Flood plain developments shall not adversely affect the hydraulic capacity of the channel and
adjoining flood plain of any tributary watercourse or drainage system where a floodway or other
encroachment limit has not been specified on the Official Zoning Map.
(6) Standards for recreational vehicles are contained in Section 9 of this Chapter.
(7) All manufactured homes must be securely anchored to an adequately anchored foundation
system that resists flotation, collapse and lateral movement. Methods of anchoring may include,
but are not to be limited to, use of over -the -top or frame ties to ground anchors. This
requirement is in addition to applicable state or local anchoring requirements for resisting wind
forces.
City of Scandia Development Code 6.5-4
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SECTION 6.0 GENERAL FLOOD PLAIN DISTRICT (GFP)
6.1 Permissible Uses.
(1) The uses listed in Section 4.1 of this Chapter shall be permitted uses.
(2) All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to
Section 6.2 below. Section 4.0 shall apply if the proposed use is in the Floodway District and
Section 5.0 shall apply if the proposed use is in the Flood Fringe District.
6.2 Procedures for Floodway and Flood Fringe Determinations Within the General Flood Plain District
(1) Upon receipt of an application for a permit or other approval within the General Flood Plain
District, the applicant shall be required to furnish such of the following information as is deemed
necessary by the Building Official for the determination of the regulatory flood protection
elevation and whether the proposed use is within the Floodway or Flood Fringe District.
(A) A typical valley cross-section(s) showing the channel of the stream, elevation of land areas
adjoining each side of the channel, cross -sectional areas to be occupied by the proposed
development, and high water information.
(B) Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill,
or storage elevations, the size, location, and spatial arrangement of all proposed and
existing structures on the site, and the location and elevations of streets.
(C) Photographs showing existing land uses, vegetation upstream and downstream, and soil
types.
(D) Profile showing the slope of the bottom of the channel or flow line of the stream for at
least 500 feet in either direction from the proposed development.
(2) The applicant shall be responsible to submit one copy of the above information to a designated
engineer or other expert person or agency for technical assistance in determining whether the
proposed use is in the Floodway or Flood Fringe District and to determine the regulatory flood
protection elevation. Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000 -
6120.6200 and 44 Code of Federal Regulations Part 65 shall be followed in this expert
evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed
technical evaluation methodology with the respective Department of Natural Resources' Area
Hydrologist prior to commencing the analysis. The designated engineer or expert shall:
(A) Estimate the peak discharge of the regional flood.
(B) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of
the stream channel and overbank areas.
(C) Compute the floodway necessary to convey or store the regional flood without increasing
flood stages more than 0.5 foot. A lesser stage increase than .5' shall be required if, as a
City of Scandia Development Code 6.6-1
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result of the additional stage increase, increased flood damages would result. An equal
degree of encroachment on both sides of the stream within the reach shall be assumed in
computing floodway boundaries. For the mapped floodplain basins within the City of
Scandia, the floodway shall be that area of the floodplain below the ordinary high water
level.
(3) The Building Official shall present the technical evaluation and findings of the designated
engineer or expert to the Governing Body. The Governing Body must formally accept the
technical evaluation and the recommended Floodway and/or Flood Fringe District boundary or
deny the permit application. The Governing Body, prior to official action, may submit the
application and all supporting data and analyses to the Federal Emergency Management Agency,
the Department of Natural Resources or the Planning Commission for review and comment.
Once the Floodway and Flood Fringe District Boundaries have been determined, the Governing
Body shall refer the matter back to the Building Official who shall process the permit application
consistent with the applicable provisions of Section 4.0 and 5.0 of this Chapter.
City of Scandia Development Code 6.6-2
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SECTION 7.0 SUBDIVISIONS
7.1 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 flood plain
districts shall be able to contain a building site outside of the Floodway District at or above the
regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities
that comply with the provisions of this Chapter and have road access, both to the subdivision and to the
individual building sites, no lower than two feet below the regulatory flood protection elevation. For
all subdivisions in the flood plain, the Floodway and Flood Fringe District boundaries, the regulatory
flood protection elevation and the required elevation of all access roads shall be clearly labeled on all
required subdivision drawings and platting documents.
7.2 Floodway/Flood Fringe Determinations in the General Flood Plain District In the General Flood Plain
District, applicants shall provide the information required in Section 6.2 of this Chapter to determine
the 100-year flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory
flood protection elevation for the subdivision site.
7.3 Removal of Special Flood Hazard Area Designation The Federal Emergency Management Agency
(FEMA) has established criteria for removing the special flood hazard area designation for certain
structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements
incorporate specific fill compaction and side slope protection standards for 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.
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SECTION 8.0 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES
8.1 Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply
systems to be located in the flood plain shall be flood proofed in accordance with the State Building
Code or elevated to above the regulatory flood protection elevation.
8.2 Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the flood
plain shall comply with Sections 4.0 and 5.0 of this Chapter. Elevation to the regulatory flood
protection elevation shall be provided where failure or interruption of these transportation facilities
would result in danger to the public health or safety or where such facilities are essential to the orderly
functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation
where failure or interruption of transportation services would not endanger the public health or safety.
8.3 On -site Sewage Treatment and Water Supply Systems: Where public utilities are not provided: 1)
On -site water supply systems must be designed to minimize or eliminate infiltration of flood waters
into the systems; and 2) New or replacement on -site sewage treatment systems must be designed to
minimize or eliminate infiltration of flood waters into the systems and discharges from the systems
into flood waters and they shall not be subject to impairment or contamination during times of
flooding. Any sewage treatment system designed in accordance with the State's current statewide
standards for on -site sewage treatment systems shall be determined to be in compliance with this
Section.
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SECTION 9.0 PLACEMENT OF RECREATIONAL VEHICLES
9.1 Vehicles. Recreational vehicles that do not meet the exemption criteria specified in Section 9.1 (1)
below shall be subject to the provisions of this Chapter and as specifically spelled out in Sections 9.1
(2) - 9.1 (4) below.
(1) Exemption - Recreational vehicles are exempt from the provisions of this Chapter if they are
placed in any of the areas listed in Section 9.1 (2) below and further they meet the following
criteria:
(A) Have current licenses required for highway use.
(B) Are highway ready meaning on wheels or the internal jacking system, are attached to the
site only by quick disconnect type utilities commonly used in campgrounds and
recreational vehicle parks and the recreational vehicle has no permanent structural type
additions attached to it.
(C) The recreational vehicle and associated use must be permissible in any pre-existing,
underlying zoning use district.
(2) Areas Exempted For Placement of Recreational Vehicles:
(A) Individual lots or parcels of record.
(B) Existing commercial recreational vehicle parks or campgrounds.
(C) Existing condominium type associations.
(3) Recreational vehicles exempted in Section 9.1 (1) lose this exemption when development occurs
on the parcel exceeding $500 for a structural addition to the recreational vehicle or exceeding
$500 for an accessory structure such as a garage or storage building. The recreational vehicle
and all additions and accessory structures will then be treated as a new structure and shall be
subject to the elevation/flood proofing requirements and the use of land restrictions specified in
Sections 4.0 and 5.0 of this Chapter. There shall be no development or improvement on the
parcel or attachment to the recreational vehicle that hinders the removal of the recreational
vehicle to a flood free location should flooding occur.
(4) New commercial recreational vehicle parks or campgrounds and new residential type
subdivisions and condominium associations and the expansion of any existing similar use
exceeding five (5) units or dwelling sites shall be subject to the following:
(A) Any new or replacement recreational vehicle will be allowed in the Floodway or Flood
Fringe Districts provided said recreational vehicle and its contents are placed on fill above
the regulatory flood protection elevation and proper elevated road access to the site exists
in accordance with Section 5.5 (1) of this Chapter. No fill placed in the floodway to meet
the requirements of this Section shall increase flood stages of the 100-year or regional
flood.
k,uy or 3canaia veveiopment Code 6.9-1
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(B) All new or replacement recreational vehicles not meeting the criteria of (a) above may, as
an alternative, be allowed as a conditional use if in accordance with the following
provisions and the provisions of 10.4 of the Chapter. The applicant must submit an
emergency plan for the safe evacuation of all vehicles and people during the 100 year
flood. Said plan shall be prepared by a registered engineer or other qualified individual,
shall demonstrate that adequate time and personnel exist to carry out the evacuation, and
shall demonstrate the provisions of Section 9.1 (1) (A) and (B) of this Chapter will be met.
All attendant sewage and water facilities for new or replacement recreational vehicles
must be protected or constructed so as to not be impaired or contaminated during times of
flooding in accordance with Section 8.3 of this Chapter.
City of Scandia Development Code 6.9-2
Draft 02/11/08
Chapter Six 0 Floodplain Management Regulations
SECTION 10.0 ADMINISTRATION
10.1 Building Official. The Building Official or other official designated by the Governing Body shall
administer and enforce this Chapter. If the Building Official finds a violation of the provisions of this
Chapter the Building Official shall notify the person responsible for such violation in accordance with
the procedures stated in Section 12.0 of this Chapter.
10.2 Permit Requirements.
(1) Permit Required. A Permit issued by the Building Official in conformity with the provisions of
this Chapter 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, or on -site septic system; prior to the change or extension of a
nonconforming use; 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 flood plain.
(2) Application for Permit. Application for a permit shall be made in duplicate to the Building
Official on forms furnished by the Building Official and shall include the following where
applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and
elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location
of the foregoing in relation to the stream channel.
(3) State and Federal Permits. Prior to granting a permit or processing an application for a
conditional use pennit or variance, the Building Official shall determine that the applicant has
obtained all necessary state and federal permits, including any permit to work below the ordinary
high water level of public waters or public waters wetlands.
(4) Use Permit Required for a New, Altered, or Nonconforming Use. It shall be unlawful to use,
occupy, or permit the use or occupancy of any building or premises or part thereof hereafter
created, erected, changed, converted, altered, or enlarged in its use or structure until a use permit
has been secured from the Building Official certifying that the use of the building or land
conforms to the requirements of this Chapter.
(5) Construction and Use to be as provided in Application, Plans and Permits. All permits issued on
the basis of approved plans and applications authorize only the use, arrangement, and
construction set forth in such approved plans and applications, and no other use, arrangement or
construction. Any use, arrangement, or construction at variance with that authorized shall be
deemed a violation of this Chapter, and punishable as provided by Section 12.0 of this Chapter.
(6) Certification. The applicant shall be required to submit certification by a registered professional
engineer, registered architect, or registered land surveyor that the finished fill and building
elevations were accomplished in compliance with the provisions of this Chapter. Flood proofing
measures shall be certified by a registered professional engineer or registered architect.
City of Scandia Development Code 6.10-1
Draft 02/11/08 Chapter Six 0 Floodplain Management Regulations
(7) Record of First Floor Elevation. The Building Official 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 flood plain. The Building Official shall also maintain a record of the
elevation to which structures or alterations and additions to structures are flood proofed.
(8) Notifications for Watercourse Alterations. The Building Official shall notify, in riverine
situations, adjacent communities and the Commissioner of the Department of Natural Resources
prior to the community 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 the Federal
Emergency Management Agency (FEMA).
(9) Notification to FEMA When Physical Changes Increase or Decrease the 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 Building Official shall notify the Chicago
Regional Office of FEMA of the changes by submitting a copy of said technical or scientific
data.
10.3 Board of Adjustments and Appeals.
(1) Rules. Pursuant to Minnesota Statutes, Section 462.354, a Board of Adjustments and Appeals
has been established. The City Council shall serve as the Board of Adjustments and Appeals.
The Planning Commission shall conduct required hearings for the Board and make
recommendations to it on all variance applications according to the procedures established by
Chapter 1 of the Scandia Development Code and this Chapter.
(2) Administrative Review. The Board of Adjustments and Appeals shall hear and decide appeals
where it is alleged there is error in any order, requirement, decision, or determination made by
an administrative official in the enforcement or administration of this Chapter.
(3) Variances. The Board of Adjustments and Appeals may authorize upon appeal in specific cases
such relief or variance from the terms of this Chapter as will not be contrary to the public interest
and only for those circumstances such as hardship, practical difficulties or circumstances unique
to the property under consideration. In the granting of such variance, the Board of Adjustments
and Appeals shall clearly identify in writing the specific conditions that existed consistent with
the criteria specified in this Chapter and by Chapter 1, Section 6 of the Scandia Development
Code, and in the respective enabling legislation that justified the granting of the variance. No
variance shall have the effect of allowing in any district uses prohibited in that district, permit a
lower degree of flood protection than the regulatory flood protection elevation for the particular
area, or permit standards lower than those required by state law. The following additional
variance criteria of the Federal Emergency Management Agency 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.
City of Scandia Development Code 6.10-2
Draft 02/11/08 Chapter Six 0 Floodplain Management Regulations
SECTION 13.0 AMENDMENTS
13.1 Amendments to Floodplain Designations The flood plain designation on the Official Zoning Map
shall not be removed from flood plain areas unless it can be shown that the designation is in error or
that the area has been filled to or above the elevation of the regulatory flood protection elevation and is
contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the
Commissioner of Natural Resources if he determines that, through other measures, lands are
adequately protected for the intended use.
13.2 Amendments to this Chapter. All amendments to this Chapter, including amendments to the Official
Zoning Map affecting the Floodway, Flood Fringe or General Flood Plain Districts, must be submitted
to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official
Zoning Map must meet the Federal Emergency Management Agency's (FEMA) Technical Conditions
and Criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural
Resources must be given 10-days written notice of all hearings to consider an amendment to this
Chapter and said notice shall include a draft of the ordinance amendment or technical study under
consideration.
City of Scandia Development Code 6.13-1
Draft 02/11/08
Chapter Six 0 Floodplain Management Regulations
SECTION 12.0 PENALTIES FOR VIOLATION
12.1 Violation of the provisions of this Chapter or failure to comply with any of its requirements (including
violations of conditions and safeguards established in connection with grants of variances or
conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law.
12.2 Nothing herein contained shall prevent the City of Scandia from taking such other lawful action as is
necessary to prevent or remedy any violation. Such actions may include but are not limited to:
(1) In responding to a suspected violation of this Chapter, the Building Official and the City of
Scandia may utilize the full array of enforcement actions available to it including but not limited
to prosecution and fines, injunctions, after -the -fact permits, orders for corrective measures or a
request to the National Flood Insurance Program for denial of flood insurance availability to the
guilty party. The Community must act in good faith to enforce these official controls and to
correct violations to the extent possible so as not to jeopardize its eligibility in the National
Flood Insurance Program.
(2) When a violation of this Chapter is either discovered by or brought to the attention of the
Building Official, the Building Official shall immediately investigate the situation and document
the nature and extent of the violation of the official control. As soon as is reasonably possible,
this information will be submitted to the appropriate Department of Natural Resources' and
Federal Emergency Management Agency Regional Office along with the Community's plan of
action to correct the violation to the degree possible.
(3) The Building Official shall notify the suspected party of the requirements of this Chapter and all
other official controls and the nature and extent of the suspected violation of these controls. If
the structure and/or use is under construction or development, the Building Official may order
the construction or development immediately halted until a proper permit or approval is granted
by the Community. If the construction or development is already completed, then the Building
Official may either: (1) issue an order identifying the corrective actions that must be made
within a specified time period to bring the use or structure into compliance with the official
controls; or (2) notify the responsible party to apply for an after -the -fact permit/development
approval within a specified period of time not to exceed 30-days.
(4) If the responsible party does not appropriately respond to the Building Official within the
specified period of time, each additional day that lapses shall constitute an additional violation of
this Chapter and shall be prosecuted accordingly. The Building Official shall also upon the lapse
of the specified response period notify the landowner to restore the land to the condition which
existed prior to the violation of this Chapter.
City of Scandia Development Code 6.12-1
Draft 02/11/08
Chapter Six 0 Floodplain Management Regulations
SECTION 11.0 NONCONFORMING USES
11.1 A structure or the use of a structure or premises which was lawful before the passage or amendment of
this Chapter but which is not in conformity with the provisions of this Chapter may be continued
subject to the following conditions. Historic structures, as defined in Section 2.83l(b) of this Chapter,
shall be subject to the provisions of Sections 11.1 (1) — 11.1 (5) of this Chapter.
(1) No such use shall be expanded, changed, enlarged, or altered in a way that increases its
nonconformity.
(2) Any structural alteration or addition to a nonconforming structure or nonconforming use which
would result in increasing the flood damage potential of that structure or use shall be protected to
the Regulatory Flood Protection Elevation in accordance with any of the elevation on fill or
flood proofing techniques (i.e., FP-1 thru FP-4 floodproofing classifications) allowable in the
State Building Code, except as further restricted in 11.1 (3) and 11.1 (6) below.
(3) The cost of all structural alterations or additions to any nonconforming structure over the life of
the structure shall not exceed 50 percent of the market value of the structure unless the
conditions of this Section are satisfied. The cost of all structural alterations and additions must
include all costs such as construction materials and a reasonable cost placed on all manpower or
labor. If the cost of all previous and proposed alterations and additions exceeds 50 percent of the
market value of the structure, then the structure must meet the standards of Section 4.0 or 5.0 of
this Chapter for new structures depending upon whether the structure is in the Floodway or
Flood Fringe District, respectively.
(4) If any nonconforming use is discontinued for 12 consecutive months, any future use of the
building premises shall conform to this Chapter. The Assessor shall notify the Building Official
in writing of instances of nonconforming uses that have been discontinued for a period of 12
months.
(5) If any nonconforming use or structure is substantially damaged, as defined in Section 2.8 (21) of
this Chapter, it shall not be reconstructed except in conformity with the provisions of this
Chapter. The applicable provisions for establishing new uses or new structures in Sections 4.0,
5.0 or 6.0 will apply depending upon whether the use or structure is in the Floodway, Flood
Fringe or General Flood Plain District, respectively.
(6) If a substantial improvement occurs, as defined in Section 2.8 (22) of this Chapter, 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 nonconforming building, then the building addition and the existing nonconforming
building must meet the requirements of Section 4.0 or 5.0 of this Chapter for new structures,
depending upon whether the structure is in the Floodway or Flood Fringe District, respectively.
City of Scandia Development Code 6.11-1
Draft 02/11/08
Chapter Six 0 Floodplain Management Regulations
(C) The proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination, and unsanitary conditions.
(D) The susceptibility of the proposed facility and its contents to flood damage and the effect
of such damage on the individual owner.
(E) The importance of the services provided by the proposed facility to the community.
(F) The requirements of the facility for a waterfront location.
(G) The availability of alternative locations not subject to flooding for the proposed use.
(H) The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future.
(I) The relationship of the proposed use to the comprehensive plan and flood plain
management program for the area.
(J) The safety of access to the property in times of flood for ordinary and emergency vehicles.
(K) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood
waters expected at the site.
(L) Such other factors which are relevant to the purposes of this Chapter.
(5) Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above
and the purpose of this Chapter, the City Council shall attach such conditions to the granting of
conditional use permits as it deems necessary to fulfill the purposes of this Chapter. Such
conditions may include, but are not limited to, the following:
(A) Modification of waste treatment and water supply facilities.
(B) Limitations on period of use, occupancy, and operation.
(C) Imposition of operational controls, sureties, and deed restrictions.
(D) Requirements for construction of channel modifications, compensatory storage, dikes,
levees, and other protective measures.
(E) Flood proofing measures, in accordance with the State Building Code and this Chapter.
The applicant shall submit a plan or document certified by a registered professional
engineer or architect that the flood proofing measures are consistent with the regulatory
flood protection elevation and associated flood factors for the particular area.
City of Scandia Development Code 6.10-5
Draft 02/11/08 Chapter Six 0 Floodplain Management Regulations
be submitted by mail to the Commissioner of Natural Resources sufficiently in advance so that
the Commissioner will receive at least ten days notice of the hearing.
(2) Decisions. In granting a conditional use permit the City Council shall prescribe appropriate
conditions and safeguards, in addition to those specified in Section 10.4 (5), which are in
conformity with the purposes of this Chapter. Violations of such conditions and safeguards,
when made a part of the terms under which the conditional use permit is granted, shall be
deemed a violation of this Chapter punishable under Section 12.0. A copy of all decisions
granting conditional use permits shall be forwarded by mail to the Commissioner of Natural
Resources within ten (10) days of such action.
(3) Procedures. In addition to the procedures for reviewing Conditional User Permits specified by
Chapter 1 of the Scandia Development Code, the following additional requirements shall apply:
(A) The applicant shall furnish such of the following information and additional information as
deemed necessary by the City Council for determining the suitability of the particular site
for the proposed use:
1. Plans in triplicate drawn to scale showing the nature, location, dimensions, and
elevation of the lot, existing or proposed structures, fill, storage of materials, flood
proofing measures, and the relationship of the above to the location of the stream channel;
and
2. Specifications for building construction and materials, flood proofing, filling,
dredging, grading, channel improvement, storage of materials, water supply and sanitary
facilities.
(B) The applicant shall transmit one copy of the information described in subsection (a) to a
designated engineer or other expert person or agency for technical assistance, where
necessary, in evaluating the proposed project in relation to flood heights and velocities, the
seriousness of flood damage to the use, the adequacy of the plans for protection, and other
technical matters.
(C) Based upon the technical evaluation of the designated engineer or expert, the City Council
shall determine the specific flood hazard at the site and evaluate the suitability of the
proposed use in relation to the flood hazard.
(4) Factors Upon Which the Decision of the City Council Shall Be Based. In passing upon
conditional use applications, the Council shall consider all relevant factors specified in other
sections of this Chapter, and:
(A) The danger to life and property due to increased flood heights or velocities caused by
encroachments.
(B) The danger that materials may be swept onto other lands or downstream to the injury of
others or they may block bridges, culverts or other hydraulic structures.
k-iry or scanaia vevelopment Code 6.10-4
Draft 02/11/08
Chapter Six 0 Floodplain Management Regulations
(B) Variances shall only be issued upon (i) a showing of good and sufficient cause, (ii) a
determination that failure to grant the variance would result in exceptional hardship to the
applicant, and (iii) 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.
(C) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
(4) Notice of Hearings. Upon filing with the Board of Adjustments and Appeals of an appeal from a
decision of the Building Official, or an application for a variance, a hearing shall be fixed and
due notice shall be given to the parties in interest as specified in Chapter 1 of the Scandia
Development Code. A copy of the application for proposed variances shall be submitted by
mail to the Commissioner of Natural Resources sufficiently in advance so that the Commissioner
will receive at least ten days notice of the hearing.
(5) Decisions. In passing upon an appeal, the Board may, so long as such action is in conformity
with the provisions of this Chapter, reverse or affirni, wholly or in part, or modify the order,
requirement, decision or determination of the Building Official or other public official. It shall
make its decision in writing setting forth the findings of fact and the reasons for its decisions. In
granting a variance the Board of Adjustments and Appeals may prescribe appropriate conditions
and safeguards such as those specified in Section 10.4 (6), which are in conformity with the
purposes of this Chapter. Violations of such conditions and safeguards, when made a part of the
terms under which the variance is granted, shall be deemed a violation of this Chapter
punishable under Section 12.0. A copy of all decisions granting variances shall be forwarded by
mail to the Commissioner of Natural Resources within ten (10) days of such action.
(6) Appeals. Appeals from any decision of the Board of Adjustments and Appeals may be made as
provided by Minnesota Statutes.
(7) Flood Insurance Notice and Record Keeping. The Building Official 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 and 2) Such construction below the
100-year or regional flood level increases risks to life and property. Such notification shall be
maintained with a record of all variance actions. A community shall maintain a record of all
variance actions, 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.
10.4 Conditional Uses. Applications for conditional uses permissible under this Chapter shall be made and
considered in the manner prescribed by Chapter 1 of the Scandia Development Code.
(1) Notice of Hearings. Upon filing of a complete application for a conditional use permit a hearing
shall be fixed and due notice shall be given to the parties in interest as specified in Chapter 1 of
the Scandia Development Code. A copy of the application for proposed conditional uses shall
City of Scandia Development Code 6.10-3
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PANEL 25 OF 175
COMMUNITY -PANEL NUMBER
270499 0025 B
EFFECTIVE DATE:
MAY 17, 1982
F161.1 Emergency hb-9-- A,-,,
CITY OF SCANDIA
RESOLUTION NO. 03-05-08-01
RESOLUTION APPROVING THE TITLE AND SUMMARY OF THE CITY OF
SCANDIA FLOODPLAIN MANAGEMENT REGULATIONS
WHEREAS, the City Council of the City of Scandia, Washington County, Minnesota has
reviewed the title and summary of Ordinance No. 110 which is an Ordinance Adopting a New
Chapter 6 of the Development Code of the City of Scandia and Pertaining to Floodplain
Management Regulations; and
WHEREAS, the City Council has approved the text of the Summary and determined that
it does clearly inform the public of the intent and effect of the Ordinance; and
WHEREAS, the City Council has directed that a printed copy of the Ordinance be
available for inspection in the office of the City Administrator by any person during the regular
office hours of the City Administrator and posted on the official website of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
SCANDIA, MINNESOTA:
That the Title and Summary of the Ordinance be published in the Forest Lake Times with
notice that a printed copy of the Ordinance is available for inspection in the office of the
City Administrator by any person during regular office hours of the City Administrator
and is also posted on the official website of the City.
Adopted by the Council this 5"' day of March, 2008.
ATTEST
Anne Hurlburt, City Clerk/Administrator
Dennis D. Seefeldt, Mayor
CITY OF SCANDIA
SUMMARY OF CITY OF SCANDIA
FLOODPLAIN MANAGEMENT REGULATIONS
THE TITLE AND SUMMARY OF THIS ORDINANCE HAS BEEN PREPARED FOR
PUBLICATION PURSUANT TO M. S. § 412.191 Subd. 4
ORDINANCE NO. 110
TITLE
AN ORDINANCE ADOPTING A NEW CHAPTER 6 OF THE DEVELOPMENT CODE OF
THE CITY OF SCANDIA AND PERTAINING TO FLOODPLAIN MANAGEMENT
REGULATIONS
1. Title. This Chapter may be known, cited, and referred to as the Scandia "Floodplain
Management Regulations".
2. Table of Contents. This Chapter contains the following Sections:
SECTION 1. STATUTORY AUTHORIZATION, FINDINGS OF
FACT AND PURPOSE
SECTION 2. GENERAL PROVISIONS
SECTION 3. ESTABLISHMENT OF ZONING DISTRICTS
SECTION 4. FLOODWAY DISTRICT (FW)
SECTION 5. FLOOD FRINGE DISTRICT (FF)
SECTION 6. GENERAL FLOOD PLAIN DISTRICT (GFP)
SECTION 7. SUBDIVISIONS
SECTION 8. UTILITIES, RAILROADS, ROADS AND BRIDGES
SECTION 9. PLACEMENT OF RECREATIONAL VEHICLES
SECTION 10. ADMINISTRATION
SECTION 11. NON -CONFORMING USES
SECTION 12. PENALTIES FOR VIOLATION
SECTION 13. AMENDMENTS
3. Statutory authorization findings of fact and purpose.
(A) This new chapter of the Scandia Development Code is enacted as provide by
Minnesota Statutes Chapter 103F and Minnesota Statutes 462.357 delegating the
responsibility to local government units to adopt regulations designed to minimize
flood losses.
(B) The flood hazard areas of the City of Scandia, Minnesota, are subject to periodic
inundation which results in potential loss of life, loss of property, health and safety
hazards, disruption of commerce and governmental services, extraordinary public
expenditures or flood protection and relief, and impairment of the tax base, all of
which adversely affect the public health, safety, and general welfare.
(C) This Chapter is based upon a reasonable method of analyzing flood hazards which
is consistent with the standards established by the Minnesota Department of Natural
Resources.
(D) It is the purpose of this Chapter to promote the public health, safety, and general
welfare and to minimize those losses listed above, and to comply with the rules and
regulations of the National Flood Insurance Program codified as 44 Code of Federal
Regulations Parts 59 -78, as amended, so as to maintain the community's eligibility
in the National Flood Insurance Program.
4. General provisions.
(A) This Chapter shall apply to all lands within the jurisdiction of the City of Scandia
shown on the Official Zoning Map and/or the attachments thereto as being located
within the boundaries of the Floodway, Flood Fringe, or General Flood Plain
Districts. The boundaries of the zoning districts shall be determined by scaling
distances on the Official Zoning Map. The districts are overlay districts that apply
in addition to the requirements of the applicable base zoning district.
(B) The Flood Insurance Study for Washington County prepared by the Federal
Emergency Management Agency dated November 17, 1981, and the Flood
Insurance Rate Map (Community Panel Number 270499 0025 B) dated May 17,
1982 are hereby adopted by reference and declared to be a part of the Official
Zoning Map, as established by Chapter 2, Section 1.1 of the Scandia Development
Code and this Chapter. The Official Zoning Map shall be on file in the Office of
the City Clerk and the Building Official.
(C) The regulatory flood protection elevation shall be an elevation no lower than one
foot above the elevation of the regional flood plus any increases in flood elevation
caused by encroachments on the flood plain that result from designation of a
floodway.
5. Floodplain zoning districts. The floodplain areas within the jurisdiction of this Chapter
are divided into three Districts:
(A) Floodway District. The Floodway District shall include those areas shown on the
Flood Insurance Rate Map being within Zone A or Zone AE and that are at or below
the ordinary high water elevation of public waters or public waters wetlands basins
as defined in Minnesota Statutes 103G.005, subdivision 14. For the St. Croix
River, the floodway is determined in accordance with procedures set within the
General Flood Plain District standards.
(B) Flood Fringe District. The Flood Fringe District shall include those areas
designated as floodway fringe. The Flood Fringe District shall include those areas
shown within Zones A, AE, A0, or AH on the Flood Insurance Rate Map adopted in
Section 2.2 but being located above the ordinary high water level of public waters
and public waters wetlands. For the St. Croix River, the floodway is determined in
accordance with procedures set within the General Flood Plain District standards.
(C) General Flood Plain District. The General Flood Plain District shall include those
areas designated as Zone A, or Zones AE, A0, or AH without a floodway on the
Flood Insurance Rate Map adopted in Section 2.2.
2
6. Development standards for flood plain zoning districts.
(A) For the Floodway and Flood Fringe Districts, this Chapter lists permitted uses,
conditional uses and accessory uses along with the applicable standards needed to
limit the potential for flood damage, minimize obstruction to flood waters, ensure
that the uses are consistent with the underlying base zoning district, the state
building code and other laws.
(B) For the General Flood Plain District, permitted uses are the same as in the Floodway
District. All other uses are determined after following a procedure to determine the
regulatory food protection elevation and whether the proposed use is within the
Floodway or Flood Fringe District.
7. Subdivisions. 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 flood
plain districts shall be able to contain a building site outside of the Floodway District at or
above the regulatory flood protection elevation. All subdivisions shall have water and
sewage treatment facilities that comply with the provisions of this Chapter and have road
access, both to the subdivision and to the individual building sites, no lower than two feet
below the regulatory flood protection elevation
8. Public utilities, railroads, roads and bridges. All public utilities and facilities such as gas,
electrical, sewer, and water supply systems to be located in the flood plain shall be flood
proofed or elevated to above the regulatory flood protection elevation. Railroad tracks,
roads, and bridges to be located within the flood plain shall comply with the requirements
of the Floodway and Flood Fringe districts, and shall be elevated to the regulatory flood
protection elevation where failure or interruption of these transportation facilities would
result in danger to the public health or safety or where such facilities are essential to the
orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed
at a lower elevation where failure or interruption of transportation services would not
endanger the public health or safety. On -site water supply systems must be designed to
minimize or eliminate infiltration of flood waters into the systems. New or replacement
on -site sewage treatment systems must be designed to minimize or eliminate infiltration
of flood waters into the systems and discharges from the systems into flood waters and
they shall not be subject to impairment or contamination during times of flooding
9. Placement of recreational vehicles. Recreational vehicles in the Floodway or Flood
Fringe Districts, unless exempted under specified criteria, must be placed on fill above
the regulatory flood protection elevation and have properly elevated road access to the
site. If those criteria are not met, a recreational vehicle may be allowed as a conditional
use.
10. Administration.
(A) The Building Official is designated to administer and enforce this Chapter.
(B) Permits are required prior to the erection, addition, modification, rehabilitation
(including normal maintenance and repair), or alteration of any building, structure,
3
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, or on -site septic system; prior to the
change or extension of a nonconforming use; 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 flood plain.
(C) The City Council shall serve as the Board of Adjustments and Appeals established
pursuant to Minnesota Statutes, Section 462.354. The Planning Commission shall
conduct required hearings for the Board and make recommendations to it on all
variance applications according to the procedures established by Chapter 1 of the
Scandia Development Code and this Chapter. The Board of Adjustments and
Appeals shall hear and decide appeals where it is alleged there is error in any order,
requirement, decision, or determination made by an administrative official in the
enforcement or administration of this Chapter.
(D) Applications for conditional uses permissible under this Chapter shall be made and
considered in the manner prescribed by Chapter 1 of the Scandia Development
Code.
11. Nonconforming uses. A structure or the use of a structure or premises which was lawful
before the passage or amendment of this Chapter but which is not in conformity with the
provisions of this Chapter may be continued subject to certain conditions. No such use
shall be expanded, changed, enlarged, or altered in a way that increases its
nonconformity. Any structural alteration or addition to a nonconforming structure or use
which would result in increasing the flood damage potential of that structure or use shall
be protected to the Regulatory Flood Protection Elevation. The cost of all structural
alterations or additions to any nonconforming structure over the life of the structure shall
not exceed 50 percent of the market value of the structure. If a substantial improvement
occurs, then the building addition and the existing nonconforming building must meet the
requirements for new structures. If any nonconforming use or structure is substantially
damaged, it shall not be reconstructed except in conformity with the provisions of this
Chapter.
12. Penalties for violation. Violation of the provisions of this Chapter or failure to comply
with any of its requirements (including violations of conditions and safeguards
established in connection with grants of variances or conditional uses) shall constitute a
misdemeanor and shall be punishable as defined by law. In responding to a suspected
violation of this Chapter, the Building Official and the City of Scandia may utilize the full
array of enforcement actions available to it including but not limited to prosecution and
fines, injunctions, after -the -fact permits, orders for corrective measures or a request to the
National Flood Insurance Program for denial of flood insurance availability to the guilty
party.
13. Amendments. The flood plain designation on the Official Zoning Map shall not be
removed from flood plain areas unless it can be shown that the designation is in error or
that the area has been filled to or above the elevation of the regulatory flood protection
4
elevation and is contiguous to lands outside the flood plain. All amendments to this
Chapter, including amendments to the Official Zoning Map affecting the Floodway,
Flood Fringe or General Flood Plain Districts, must be submitted to and approved by the
Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning
Map must meet the Federal Emergency Management Agency's (FEMA) Technical
Conditions and Criteria and must receive prior FEMA approval before adoption.
Passed and adopted by the City Council of the City of Scandia, this 5th day of
March, 2008.
ATTEST:
Anne Hurlburt, Clerk/Administrator
Dennis D. Seefeldt, Mayor
R
CITY OF SCANDIA
RESOLUTION NO.: 03-05-08-02
RESOLUTION TO APPLY TO PARTICIPATE IN THE NATIONAL FLOOD
INSURANCE PROGRAM
WHEREAS, certain areas of Scandia are subject to periodic flooding or flood -related erosion, causing
serious damages to properties within these areas; and
WHEREAS, relief is available in the form of federally subsidized flood insurance as authorized by the
National Flood Insurance Act of 1968; and
WHEREAS, it is the intent of the Scandia City Council to require the recognition and evaluation of
flood or flood -related erosion hazards in all official actions relating to land use in areas having these
hazards; and
WHEREAS, this body has the legal authority to adopt land use and control measures to reduce future
flood losses pursuant to Minnesota Statues Chapter 103F and Minnesota Statues 462.357.
NOW, THEREFORE, BE IT RESOLUED BY THE CITY COUNCIL OF THE CITY OF SCANDIA,
WASHINGTON COUNTY, MINNESOTA, that it should and hereby:
Assures the Federal Emergency Management Agency that it will enact as necessary in those
areas having flood or flood -related erosion hazards, adequate land use and control measures with
effective enforcement provisions, including:
a. Required permits for all proposed construction or other development in the community so
that it may determine whether such construction or other development is proposed with the
floodplain.
b. Review proposed development to assure that all necessary pen -nits have been received from
those governmental agencies from which approval is required by Federal or State law.
c. Review and maintain all permit applications to determine whether proposed building sites
will be reasonably safe from flooding.
d. Review and maintain all permit applications to ensure that any development activities are
consistent with criteria set forth in Section 60.3 of the National Flood Insurance Program
Regulations.
2. Vests the Scandia Building Official with the responsibility, authority, and means to:
a. Assist the Administrator, at his request, in his delineation of the limits of the area having
special flood or flood -related erosion hazards.
b. Provide such infonnation as the Administrator may request concerning present uses and
occupancy of the floodplain or flood -related erosion areas.
c. Cooperate with federal, state and local agencies and private firms which undertake to study,
survey, map and identify floodplain or flood -related erosion areas, and cooperate with
neighboring communities with respect to management of adjoining floodplain and/or flood -
related erosion areas in order to prevent aggravation or existing hazards.
d. Submit on the anniversary date of the community's initial eligibility an annual report to the
Administrator on the progress made during the past year within the community in the
development and implementation of floodplain management measures.
e. Upon occurrence, notify the Administrator, in writing, whenever the boundaries of the
community have been modified by annexation or the community has otherwise assumed or
no longer has authority to adopt and enforce floodplain management regulations for a
particular area. In order that all Flood Hazard Boundary Rate Maps accurately represent the
community's boundaries, include within such notification a copy of a map of the community
suitable for reproduction, clearly delineating the new corporate limits or new area for which
the community has assumed or relinquished floodplain management regulatory authority.
f. Ensure that the community's Flood Insurance Rate Maps are maintained and kept current by
providing the Federal Emergency Management Agency with any new or updated flood risk
data or any modified data reflecting natural or man-made changes to the floodplain.
3. Appoints the Scandia Building Official to maintain for public inspection and to furnish upon
request, for the determination of applicable flood insurance risk premium rates within all areas
having special flood hazards identified on a Flood Hazard Boundary Map or Flood Insurance
Rate Map, any certificates of floodproofing, and information on the elevation (in relation to
mean sea level) of the level of the lowest floor (including basement) of all new or substantially
improved structures, and include whether or not such structures contain a basement, and if the
structure has been flood proofed the elevation (in relation to mean sea level) to which the
structure was floodproofed;
4. Agrees to take such other official action as may be reasonably necessary to carry out the
objectives of the program.
Adopted by the Scandia City Council this 5ch day of March, 2008.
ATTEST:
Arne Hurlburt, City Clerk/Administrator
Dennis D. Seefeldt, Mayor
Section 3: Effective Date. This ordinance shall be effective following its review by the
Minnesota Department of Natural Resources and upon publication according to law.
Adopted this day of , 2008.
Dennis D. Seefeldt, Mayor
Anne Hurlburt, Administrator