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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. •,uy u, Dcanma ueveiopment Lode 6.2-3 Draft 02/11/08 Chapter Six 0 Floodplain Management Regulations (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. City of Scandia Development Code 6.2-4 Draft 02/11/08 Chapter Six 0 Floodplain Management Regulations 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. City of Scandia Development Code 6.3-1 Draft 02/11/08 4.1 Permitted Uses. Chapter Six 0 Floodplain Management Regulations 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. City of Scandia Development Code 6.4-1 Draft 02/11/08 Chapter Six 0 Floodplain Management Regulations (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: City of Scandia Development Code 6.4-2 Draft 02/11/08 Chapter Six 0 Floodplain Management Regulations 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. City of Scandia Development Code 6.4-3 Draft 02/11/08 Chapter Six 0 Floodplain Management Regulations 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 City of Scandia Development Code 6.5-1 Draft 02/11/08 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 Draft 02/11/08 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 Draft 02/11/08 Chapter Six 0 Floodplain Management Regulations (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 Draft 02/11/08 Chapter Six 0 Floodplain Management Regulations 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 Draft 02/11/08 Chapter Six 0 F7oodplain Management Regulations 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 Draft 02/11/08 Chapter Six 0 Hoodplain Management Regulations 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. City of Scandia Development Code 6.7-1 Draft 02/11/08 Chapter Six 0 Floodplain Management Regulations 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. City of Scandia Development Code 6.8-1 Draft 02/11/08 Chapter Six 0 Floodplain Management Regulations 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 Draft 02/11/08 Chapter Six 0 Floodplain Management Regulations (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 lei A13 ZONE Ii0ii lZ:4c E- ZONE A13 " & Fmc Z"IE 7 ZONES 19 as ZONE A13 30 3v R" ZONE R.T, .4 13 24 21 ZONE C ZONE C 23 ZONE A P) 8 IRS 34 10 22 ILA zoo c A 10 21 n ZONE A ZONNE .- --vc- ZONE C 12 tiN ZONE a 31 35 ZONE C 26 ZONE A 33 ciiy of Sbfi.0 on St An- " =4, 17 ZONEC li 3 KEY 10 MAP IM Y Fl. S.1.1-111, 7�1 .o. AlC ZONE a.LI ----j ST All I ZONE Al I ZONE a I 'FXPI AlIAlIONOFZONF. DESIGNATIONS ZOC NE, RM12 30 i 41m..410. A a IZONEC ZONE it RW3' *- ZONES ZONES C ZONE C IlMjs� A. le APS 13 24 25 36 f IM A ZONE C =d -T 35 23 —El 1. ,A F. ...... . ...... p- ZONE I ZONE 22 ZONE c 27 ZONE WNE A ZONE 8 L ZONE A 34 T' ZONE C APPRO%­E SCALE NATIONAL FLOOD INSURANCE PROGRAM FIRM FLOOD INSURANCE RATE MAP COUNTY or WASHINGTON, MINNESOTA ;UNINCORPORATEO AREAS) 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