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HomeMy WebLinkAbout10/13/2015No w 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Andover Planning and Zoning Commission Meeting Agenda October 13, 2015 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Meeting Minutes — September 8, 2015 Workshop; September 8, 2015 Regular; September 22, 2015 Regular 3. Public Hearing: Consider Adoption of Andover City Code Title 14, Chapter 1 Floodplain Regulations, including the effective Flood Insurance Rate Maps (FIRM) for the City of Andover and Flood Insurance Study (FIS) report. 4. Other Business 5. Adjournment s .I 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Stephanie L. Hanson, City Planner SUBJECT: Approval of Minutes — September 8, 2015 Workshop; September 8, 2015 Regular Meeting; September 22, 2015 Regular Meeting DATE: October 13, 2015 REQUEST The Planning and Zoning Commission is requested to approve the minutes from the September 8, 2015 workshop, September 8, 2015 regular meeting, and September 22, 2015 regular meeting. r PLANNING AND ZONING COMMISSION WORKSHOP MEETING SEPTEMBER 8, 201 S The Workshop Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on September 8, 2015, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Tim Cleven, Bert Koehler, Kyle Nemeth, and Jeff Sims. Commissioners absent: Lynae Gudmundson, Steve Peterson Also present: Community Development Director Dave Carlberg City Planner Stephanie Hanson Others DISCUSS SUBORDINATE CLASSROOM STRUCTURES a. Other Cities Requirements b. Life Span of the Structure c. Quality of Structures City Planner Hanson stated she looked at ten different metro cities and Andover's code is very similar to them. She stated some cities do not even address subordinate classroom structures. Coon Rapids use to have them in their code and removed them so they are not allowed at all. Chairperson Daninger indicated he did not remember if this item was the Commission's idea to take a look at or was it directed by the City Council. Commissioner Cleven stated the Commission wanted to look at this because the subordinate classroom extensions are never ending. Commissioner Nemeth stated if the structures are temporary, then why are they always getting approved with sidewalks and landscaping. Commissioner Cleven stated even in the report the Fire Department goes in and inspects them and approves them as long as they meet the current safety codes. Andover Planning and Zoning Commission Workshop Meeting Minutes — September 8, 2015 Page 2 Chairperson Daninger asked what if they changed the wording to portable classrooms. Commissioner Cleven stated they could not call them that because then they would need to be readily moveable which they are not. Chairperson Daninger asked if they should then be called classrooms. City Planner Hanson stated some of the other cities definition states the structures need to be used only for classrooms, not offices or storage. Commissioner Nemeth stated it seems like the applicants need to be given a timeframe or a sunset clause which will make them do something within the specified period of time or they would need to remove the structure. Commissioner Koehler asked if the City is going to keep renewing the structures and the Building Department and Fire Department say they are safe, why do we care. He asked if there is some mechanism they could put in place to make these permanent rather than renewing them year after year. Commissioner Cleven stated in order for a piece of property, temporary of any type, for it to be permanent, it has to be set on a foundation with permanent water, sewer and power connected to it. Commissioner Koehler stated when he says permanent he means the City's idea of permanent like a PUD on property. It could be a lasting permit as long as the Building Department and Fire Department say it is safe. Commissioner Nemeth stated the retoricalness of it is the applicants have been given the opportunity to build but the City keeps approving the subordinate building so there is no real incentive to build within the specified timeframe. He agreed after a set amount of time it needs to have a sunset clause. After a set amount of time then the City needs to tell the owner they need to bring something through as a site plan or something like that and get something done rather than continuing to approve the structure. Chairperson Daninger stated something that bothers him is the never ending extension approvals. Commissioner Koehler stated that is why he suggesting converting it to permanent at some point. He stated he did not think these structures are safe and he would feel really bad if someone got hurt. Commissioner Cleven indicated he did not think these are safe structures. Commissioner Nemeth thought they were setting a precedent by approving these without setting a sunset on them. He thought they needed to start enforcing the time frame of the approval. City Planner Hanson thought Public Schools did not need permitting for the structures. Community Development Director Carlberg stated the old structures did not need permitting but the new ones would need permitting because they will fall under the new IUP rules. i Andover Planning and Zoning Commission Workshop Meeting Minutes — September 8, 2015 Page 3 Chairperson Daninger stated he was ok with approving the structure but only allowing a certain amount of time such as seven years and no longer. Commissioner Nemeth stated they could go with a five year permit with a possible two year extension but no longer. Commissioner Sims thought they would need a reason why not to continue to approve the permit. Commissioner Cleven stated in his mind these structures are not temporary because a temporary structure gets removed after the set number of time that it was approved for. He stated a temporary structure can become permanent if anchored to a concrete slab and can be connected to water, sewer and electricity. Commissioner Koehler stated he liked the idea of approving a permit of five years with a two year extension but he thought it should be longer like another five years because of economic downturns and he thought ten years would be enough for a turn around. City Planner Hanson stated the Fire Chief stated the Fire Department treats these as permanent structures in the City. She indicated she will get a more definitive answer to this. Commissioner Cleven stated Andover does not allow mobile homes in the City and that is what these are. Commissioner Nemeth stated he understood where Councilmember Knight was coming from with schools because of the up and down cycles of the populations. Commissioner Cleven stated if we do not allow mobile homes in the City, why are we allowing kids to spend time in one at school. Community Development Director Carlberg stated the City does not allow mobile homes but they do allow manufactured homes provided they are located in a manufactured home park. Chairperson Daninger asked if this can go before the City Council indicating the Planning Commission would like to change this to a five year permit with a possible extension for two years and then be done. Community Development Director Carlberg asked if this would be new or existing or both. Chairperson Daninger thought this should include new and existing allowing the extension only once it comes up for renewal. Commissioner Koehler thought they should not require someone to remove the building but have the possibility of converting it to a permanent structure. Community Development Director Carlberg stated he would bring this item forward to the City Council for further direction and come back to the Planning Commission with more direction. i Andover Planning and Zoning Commission Workshop Meeting Minutes — September 8, 2015 Page 4 DISCUSS PUD REQUIREMENTS City Planner Hanson stated the reason this item is being discussed is because the Planning Commission did not feel like the City was asking enough in return from the developers for a PUD. She reviewed the information with the Commission. There was discussion about previous PUD developments in the City. Chairperson Daninger stated they have to think logically when they ask the developer for the PUD's otherwise it costs the City money in the long run. Commissioner Sims asked if a PUD required an association. Community Development Director Carlberg indicated they did not. Chairperson Daninger stated sometimes with a PUD they need to try to figure out what would work best. Community Development Director Carlberg thought the big factor was what the quality was of the project coming in and is there a market for that type of development. He thought they needed to learn from PUD mistakes from the past and be smarter in what they look at in the future. Commissioner Koehler thought there was the idea of a shopping list of what they look for in a PUD. He stated what might be a really nice addendum is a shopping list of what should be avoided when looking at a PUD. Community Development Director Carlberg stated there are in City Code 13 -3 -11 desirable PUD design quality and are the things they need to be looking at when a PUD is done. He also stated that staff should send a stronger message to the developer the importance to write a narrative as to how they are addressing the items. Chairperson Daninger stated he would encourage staff to ask what the developer is doing to earn that PUD, that way the Planning Commission could see what would be beneficial to the City. Commissioner Nemeth agreed with Commissioner Koehler's idea but did not want to limit the developer to items that might help their development. He thought it should be a more general question that is asked of the developer. Community Development Director Carlberg reviewed what the Planning Commission discussed and stated staff would come back with checklists for the Commission to use. OTHER BUSINESS. Community Development Director Carlberg asked if the Commission wanted an electronic copy of the packet along with a paper copy. The Commission thought a paper copy would be adequate so they could make notes on it. s� Andover Planning and Zoning Commission Workshop Meeting Minutes — September 8, 2015 Page 5 ADJOURNMENT. Motion by Koehler, seconded by Cleven, to adjourn the meeting at 6:57 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gudmundson, Peterson) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. %.y f PLANNING AND ZONING COMMISSION MEETING — SEPTEMBER 8, 201 S The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on September 8, 2015, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners absent: Also present: APPROVAL OFMINUTES. July 14, 2015 Workshop Commissioners Timothy Cleven, Bert Koehler IV, Kyle Nemeth, Steve Peterson and Jeff Sims. Lynae Gudmundson. Community Development Director Dave Carlberg Others Commissioner Nemeth stated on page 2, paragraph 2, line 2 "...allowing them to stay from 1990 to 2015 is good for the safety or for the looks." He noted on the same page, 5`h paragraph stated "Commissioner Cleven stated they cannot...e€-on the City Code." Motion by Nemeth, seconded by Koehler, to approve the minutes as amended. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Gudmundson) vote. July 14, 2015 Regular Commissioner Nemeth stated on page 8, they were discussing the IUP on Country Oaks North, "Commissioner Nemeth asked if the hours of hauling already discussed with the last IUP and the one they did a couple months ago are the same." Motion by Nemeth, seconded by Koehler, to approve the minutes as amended. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Gudmundson) vote. PUBLIC HEARING: Consider an Interim Use Permit — Subordinate Classroom Structures — 3037 Bunker Lake Boulevard NW — Meadow Creek Church Regular Andover Planning and Zoning Commission Meeting Minutes —September 8, 2015 Page 2 Community Development Director Carlberg noted the purpose of this item is to hold a public hearing and take input on an Interim Use Permit for Subordinate Classroom Structures for Meadow Creek Church located at 3037 Bunker Lake Boulevard NW. Community Development Director Carlberg reviewed the staff report with the Commission. Commissioner Koehler stated it was indicated that this is for a two -year extension and the church is planning to build, however, in reading the previous extensions, it states there were also plans to build so he wondered what was different about this extension than the others. Mr. Carlberg stated staff has met with the applicant and reviewed some preliminary sight plans at this point and they are further along in their planning stages than they have been in the past. Commissioner Koehler asked if staff has in the past, received preliminary plans for building. Mr. Carlberg did not believe so. He also stated that previously the church has had up to five year extensions granted rather than the two year extension they are requesting and they now have more detailed plans showing where the buildings will be built in the same place where the subordinate classroom structures currently sit and showing the structures being removed. Commissioner Nemeth asked what happens if the church is not able to do the construction within the two -year timeframe. Mr. Carlberg stated if the plans are approved by the City and it is a weather issue that is preventing them from continuing with construction they could come to the City for an extension but if they have not done anything within the two years then he believed they would need to remove those structures. Commissioner Nemeth asked if the structures were in compliance with City Code. Mr. Carlberg stated they were. Commissioner Peterson asked when the fire inspections are done, are they looking at only fire hazards or are they looking at structural safety. Mr. Carlberg indicated the Fire Department is looking at life safety issues such as extinguishers, exits /lights, storage of items, extension cords and similar items. The Building Department does have the ability to go in and look at the structure for structural issues as well if needed. Commissioner Sims noted the Mayor's name needs to be changed on the Resolution. Commissioner Nemeth stated on the Resolution, Item 5, regarding surety, is this a new thing. Mr. Carlberg stated that was added into the Interim Use Permit requirement in 2014 so if the Commission felt there needs to be some surety that the structures get removed they can require it. They have not required this in the past but it is available. Commissioner Koehler asked if in all of the years the structures have been standing, has there been a building inspection. Mr. Carlberg believed the Building Department has been through them but not sure as to the specific date. .Y Regular Andover Planning and Zoning Commission Meeting Minutes —September 8, 2015 Page 3 Motion by Koehler, seconded by Peterson, to open the public hearing at 7:15 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Gudmundson) vote. Grady Kinghorn, 10660 Mississippi Boulevard, Coon Rapids, Kinghorn Construction & representative for the Meadow Creek Deacon Board of Trustees, stated he has been working with the church since 1969. He thought they would be building the addition to the gymnasium sooner than has happened. He showed on a map where they plan on expanding. He stated they have had nine building programs and while expanding they have not thought it would get any bigger than the previous expansion and they have created some problems. One is with the storm water coming from the north to south and the pond is south of the building and the building is between where all of the water flows. If they do the addition and building renovations then roof drains can be put on the building to channel the water and handle some of the other issues as well. Mr. Kinghorn stated in 2007 the school was growing and doing well and they tried to get to 500 students to get another building project and then the economy fell and over the past few years the economy has been hard and they have lost a lot of students. They are now in a good position and may hit 500 students in 2016 and want to get the project rolling again. They want to get rid of the portable structures and build a well -made structure that connects to the existing concrete structure. He stated they have had numerous inspections, especially by the Fire Department. They have worked with them on updating their security and fire systems and try to work with the City. He stated the economy hit them hard but now want to make sure they handle all of the needs before them. He noted the principal of the school was at the meeting as well. Commissioner Nemeth asked if there was currently a plan in place. Mr. Kinghorn indicated they are in the middle of putting a plan in place. They figure that if they can put a plan in place within the next year, they will have another year to implement it. He stated they are working with the school with almost 500 students and also the church. They need the time to work on a plan. Commissioner Koehler asked what the likelihood was of this getting done in the next two years. Mr. Kinghorn stated he has told the school and the church that either this gets done or they lose the portables. He stated everyone involved is very pro school. Commissioner Koehler asked what their plans were if this does not get done. Mr. Kinghorn stated this needed to get done because they do not have a fallback plan. He stated if this does not get done then the school will literally have to go offsite and he thought the attendance would suffer and it would make it difficult for the school to grow. He felt this was a need and not a want for the school and church. Motion by Nemeth, seconded by Cleven, to close the public hearing at 7:23 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Gudmundson) vote. e ,61111 - Regular Andover Planning and Zoning Commission Meeting Minutes — September 8, 2015 Page 4 Motion by Nemeth, seconded by Cleven, to recommend to the City Council approval of the Interim Use Permit, 15 -05, to extend the approval for the Subordinate Classroom Structures with the change on the Resolution to Mayor Trude. Commissioner Koehler asked to amend the motion to include the items requested by Community Development Director Carlberg, including the change of the date and the term from Conditional Use Permit to Interim Use Permit. Commissioners' Nemeth and Cleven concurred. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Gudmundson) vote. Community Development Director Carlberg stated that this item would be before the Council at the September 15, 2015 City Council meeting. PUBLIC HEARING: Consider the Preliminary Plat of Catcher's Creek 2"d Addition — 14315 Prairie Road and 14367 Prairie Road — Outlots A, B, and C, Catcher's Creek — Mark Smith Community Development Director Carlberg stated the applicant is requesting this item be tabled to the September 22, 2015 meeting. Motion by Nemeth, seconded by Cleven, to table this item to the September 22, 2015 Planning Commission meeting. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Gudmundson) vote. OTHER BUSINESS. Community Development Director Carlberg updated the Planning Commission on related items. ADJOURNMENT. Motion by Nemeth, seconded by Koehler, to adjourn the meeting at 7:30 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Gudmundson) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary Timesaver Off Site Secretarial, Inc. PLANNING AND ZONING COMMISSION MEETING — SEPTEMBER 22, 2015 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on September 22, 2015, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners Lynae Gudmundson, Bert Koehler IV, Kyle Nemeth, Commissioner Peterson and Jeff Sims. Commissioners absent: Commissioner Timothy Cleven. Also present: Community Development Director Dave Carlberg City Planner Stephanie Hanson Others PUBLIC HEARING: Rezoning From R -1, Single Family Rural to R -4, Single Family Urban — Catcher's Creek 2 "d Addition — 14315 Prairie Road and 14367 Prairie Road — Mark Smith City Planner Hanson noted the purpose of this item is to hold a public hearing and take public comment on rezoning the subject property from R -1, Single Family Rural to R -4, Single Family Urban. City Planner Hanson reviewed the proposed rezoning with the Commission. Commissioner Sims asked for clarification on the definition for "times have changed". Ms. Hanson indicated sewer and water is available to this property now and it is within the MUSA staging area so it can be developed into urban lots. Commissioner Sims asked if the lots to the north and south rezoned when that area was developed. Ms. Hanson stated they were. Commissioner Sims asked if there was a reason why the lots were not included at that time. Ms. Hanson stated they were not part of a plat. Commissioner Koehler asked if Ms. Hanson stated the Comprehensive Plan for the City of Andover does have these as transitional property with the idea that these were going with a more urban lot style in the future. Ms. Hanson stated that was correct. Commissioner Peterson asked if the lots to the north have already been rezoned to R -4. Ms. Hanson stated they were. rs Regular Andover Planning and Zoning Commission Meeting Minutes — September 22, 2015 Page 2 Motion by Koehler, seconded by Nemeth, to open the public hearing at 7:06 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Cleven) vote. No one wished to address the Commission. Motion by Koehler, seconded by Nemeth, to close the public hearing at 7:07 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Cleven) vote. Motion by Koehler, seconded by Peterson, to recommend to the City Council approval of the Ordinance, rezoning the property from R -1 to R -4 as written. Motion carried on a 6- ayes, 0 -nays, 0- present, 1- absent (Cleven) vote. Ms. Hanson stated that this item would be before the Council at the October 6, 2015 City Council meeting. PUBLIC HEARING: Consider the Preliminary Plat of Catcher's Creek 2nd Addition — 1431 S Prairie Road, 14367 Prairie Road, and Outlots A, B and C, Catcher's Creek — Mark Smith City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on a Preliminary Plat of Catcher's Creek 2nd Addition. Ms. Hanson reviewed the proposed Preliminary Plat with the Commission. Commissioner Nemeth stated he was slightly confused and would like clarification on lot 15. Ms. Hanson stated the Commission would not need to do anything in changing that. She was just bringing forward that they were going to request a variance to only having a ninety -five foot buildable area but they are no longer going to do that. They are going to build it so it meets City Code. Ms. Hanson noted the developer will need to provide additional detailed grading plans for the Engineering Department and the Coon Creek Watershed District to review. Commissioner Nemeth asked if the trail easement is being proposed to be decreased from one hundred feet to eighty -five feet on this property will it also be reduced for the rest of the properties and if not then he could foresee some inconsistencies with having different easements. Ms. Hanson stated at this time they are proposing to decrease the trail easement only on lot 15. Staff had discussions with the Public Works Department about the possibility in the future that some of the trail easement would be vacated once the actual trail location is figured out and the trail is put in. What they have been doing in the past is taking the one hundred foot easement just to be consistent with the Coon Creek Watershed District's easement. Regular Andover Planning and Zoning Commission Meeting Minutes —September 22, 2015 Page 3 Commissioner Peterson asked if there are any thoughts on trying to include the first east/west section of trail along Coon Creek as part of this approval process. Ms. Hanson stated they have not had any discussion and did not believe it was part of the trail CIP. Mr. Carlberg stated he was not sure on the timing but it is a part of the regional trail system so it would have to be funded separately from development. Commissioner Koehler asked how wide the trail extension is that they were just discussing from Holly Street. Ms. Hanson stated it is a twenty -foot trail easement. Chairperson Daninger stated on the double frontage lots, it talks about the vegetation and berming and it is a requirement on a double frontage lot to do that vegetation. Ms. Hanson stated code requires to do some type of screening. Chairperson Daninger stated he wanted to make sure it is pointed out that fencing is usually constructed and the vegetation ends up on the outside of the fence and does not get watered, which is a concern. Motion by Nemeth, seconded by Koehler, to open the public hearing at 7:23 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Cleven) vote. Mr. Jerry Devore, 579 142 "d Avenue, stated his concern was maintaining vegetation on both sides of the fences. He also asked where the trail will start and end. Ms. Hanson stated it is her understanding that there is a trail easement on the south side of the creek. She stated the trail will eventually cut across the creek and hug along the north side of the creek. She showed on a map where the trail will be located at. Mr. Randy Hedlund, Landform Engineering, was at the meeting to answer questions. Chairperson Daninger stated his concern was with screening and vegetation. He thought the developer could work with the City on some type of screening material that would not need constant watering. Mr. Hedlund stated what is proposed is that the screening is entirely in the backyard, ten to fifteen feet east of the property line on Prairie Road. He cannot speak for what the homeowner might do in the future but the developer is required to put that landscaping in when he develops the property. He did not know why anyone would want to put a fence in front of those trees, virtually in the middle of their backyard. In this situation it is not being proposed that the boulevard is being landscaped, it is just within the yard itself. Commissioner Gudmundson asked if the vegetation goes all the way to the boulevard so there is not any room to put a fence on the other side. Mr. Hedlund stated it is not right on the property line but there would be room to put a fence in. Motion by Koehler, seconded by Gudmundson, to close the public hearing at 7:28 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Cleven) vote. 1. Regular Andover Planning and Zoning Commission Meeting Minutes — September 22, 2015 Page 4 Chairperson Daninger indicated they have received a supplement that has a revised resolution. Motion by Nemeth, seconded by Koehler, to recommend to the City Council approval of the Preliminary Plat of Catcher's Creek, 2nd Addition and include the supplemental resolution provided. Commissioner Gudmundson stated she did not have a problem with the variances or what they are going to do with the trail but she did not know why as a City they did not get a little stricter and require fencing back there because it is going to be the same problem that they deal with on every development and they have the ability to change it now. Commissioner Sims asked if there was a reason why the road has to go that far south because it seems to him that if the road is pulled back then they do not need any of the variances. Mr. Hedlund stated the cul -de -sac is already constructed. He did not know when they built Catcher's Creek if they had the 110 foot buildable depth requirement otherwise that probably would have been designed differently. Motion carried on a 5 -ayes, 1 -nays ( Gudmundson), 0- present, 1- absent (Cleven) vote. Ms. Hanson stated that this item would be before the Council at the October 6, 2015 City Council meeting. OTHER BUSINESS. Community Development Director Carlberg updated the Planning Commission on related items. Commissioner Nemeth asked if there has been any movement on the property located at Crosstown and Bunker Lake Boulevard. Mr. Carlberg stated the sale of the old Stop and Shop property was approved by the EDA and a purchase agreement was executed for that parcel. Closing date is December 1, 2015 and what is being proposed is a 12,000 SF office building which will be a Class A office building. Commissioner Nemeth asked if there has been any development with the property at the southwest corner of Hanson and Bunker Lake Boulevard. Mr. Carlberg stated it is his understanding that the property is likely under a purchase agreement and have had some preliminary discussions on some site plans that they are looking at but at this point no formal application has been made. Regular Andover Planning and Zoning Commission Meeting Minutes —September 22, 2015 Page 5 ADJOURNMENT. Motion by Nemeth, seconded by Sims, to adjourn the meeting at 7:37 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Cleven) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. ANL6 Y O F OWE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Stephanie L. Hanson, City Planner SUBJECT: PUBLIC HEARING: Consider Adoption of Andover City Code Title 14, Chapter I Floodplain Regulations, including the effective Flood Insurance Rate Maps (FIRM) for the City of Andover and Flood Insurance Study (FIS) report. DATE: October 13, 2015 INTRODUCTION The Minnesota Department of Natural Resources ( MNDNR) and Homeland Security's Federal Emergency Management Agency (FEMA) has been working with communities with the adoption of updated floodplain management regulations and flood maps. BACKGROUND The National Flood Insurance Program (NFIP) is a Federal Program enabling property owners in participating communities to purchase insurance as a protection against flood losses in exchange for State and community floodplain management regulations that reduce future flood damages. As a participating community in NFIP, Andover is responsible for making sure that the floodplain management, regulations meet or exceed the minimum requirements of the NFIP. By law, FEMA cannot offer flood insurance to communities that do not have regulations in place. In 1983, FEMA issued Flood Insurance Rate Map (FIRM) that identified Special Flood Hazard Areas (SFHAs) within the City of Andover. Currently, these are the flood maps staff refers to when reporting flood determinations. In 2011, FEMA provided Anoka County communities with preliminary copies of updated FIRM and Flood Insurance Study (FIS). City staff has continued to work with FEMA to finalize the updated FIRM and FIS report. Attached is a detailed article from FEMA with an explanation of NFIP and the adoption of the FIRM. Prior to December 16, 2015, Andover is required, as a condition of continued eligibility on the NFIP, to adopt floodplain management regulations that meet the standards in addition to adopting the updated FIRM and FIS report. City staff has been working with MNDNR on a draft of the updated floodplain ordinance. Attached for your review is a letter dated September 22, 2015 from the MNDNR giving Conditional State Approval of Floodplain Ordinance. ACTION REQUESTED The Planning and Zoning Commission is asked to hold a public hearing and provide a recommendation to the City Council regarding the adoption of the updated floodplain ordinance. In addition to the Floodplain Ordinance, the following is adopted as well by reference in the ordinance: Official Zoning Map, Flood Insurance Study for Anoka County, Minnesota and Incorporated Areas and the Flood Insurance Rate Map panels all dated December 16, 2015 and all prepared by the Federal Emergency Management Agency. The adoption of the ordinance will rescind previous flood control ordinances, as acknowledged. Res Oct bm' to , Stephanie L. Hanson Attachments Ordinance No. XX An Ordinance Repealing Former Regulations and Adopting an Ordinance for the Management of Floodplain September 22, 2015 MN Department of Natural Resources Letter: Conditional State Approval of Floodplain Ordinance Article: Adoption of Flood Insurance Rate Maps by Participating Communities CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. XX An Ordinance repealing Ordinance No. 107 adopted February 21, 1995; Amended 2003 Andover Code; Ordinance No. 319 adopted January 17, 2006; and Ordinance No. 407 adopted June 21, 2011. AN ORDINANCE FOR THE MANAGEMENT OF FLOODPLAINS IN THE CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA. The City Council of the City of Andover hereby ordains as follows: SECTION: 14 -1 -1: Statutory Authorization 14 -1 -2: Findings of Fact 14 -1 -3: Purpose 14 -1 -4: General Provisions 14 -1 -5: Definitions 14 -1 -6: Establishment of Zoning Districts 14 -1 -7: Floodway District (FW) 14 -1 -8: Flood Fringe District (FF) 14 -1 -9: General Floodplain District (GF) 14 -1 -10: Land Development Standards 14 -1 -11: Public Utilities, Railroads, Roads, and Bridges 14 -1 -12: Manufactured Homes, Manufactured Home Parks, and Recreational Vehicles 14 -1 -13: Administration 14 -1 -14: Penalties and Enforcement 14 -1 -15: Amendments 14 -1 -1 STATUTORY AUTHORIZATION The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of Andover, Minnesota, does ordain the provisions of this chapter. 14 -1 -2 FINDINGS OF FACT A. This ordinance regulates development in the flood hazard areas of Andover, Minnesota. These flood hazard areas are subject to periodic inundation, which may result In loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this ordinance to promote the public health, safety, and general welfare by minimizing these losses and disruptions. B. National Flood Insurance Program Compliance. This ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program. 14 -1 -3 PURPOSE This ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. 14 -1-4 GENERAL PROVISIONS A. This ordinance adopts the floodplain maps applicable to Andover and includes three floodplain districts: Floodway, Flood Fringe, and General Floodplain. 1. Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in Sections 14 -1 -7 and 14 -1 -8 will apply, depending on the location of a property. 2. Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district. Within the General Floodplain district, the Floodway District standards in Section 14 -1 -7 apply unless the floodway boundary is determined, according to the process outlined in Section 14 -1 -9. Once the floodway boundary is determined, the Flood Fringe District standards in Section 14 -1 -8 may apply outside the floodway. B. Lands to Which Ordinance Applies: This ordinance applies to all lands within the jurisdiction of the City of Andover shown on the Official Zoning Map and/or the attachments to the map as being located within the boundaries of the Floodway, Flood Fringe, or General Floodplain Districts. The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this ordinance. In case of a conflict, the more restrictive standards will apply. C. Incorporation of Maps by Reference: The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this ordinance. The attached material includes the Flood Insurance Study for Anoka County, Minnesota, and Incorporated Areas and the Flood Insurance Rate Map panels enumerated below, all dated December 16, 2015 and all prepared by the Federal Emergency Management Agency. These materials are on file in the office of the Andover Community Development Department. 27003CO166E 27003CO167E 27003CO170E 27003CO186E 27003CO187E 27003CO190E 27003CO195E October 2015 27003CO282E 27003CO301E 27003CO302E 27003CO303E 27003CO304E 27003CO306E 27003CO307E 27003CO308E 27003CO309E D. Regulatory Flood Protection Elevation: The regulatory flood protection elevation (RFPE) is 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 floodplain that result from designation of a floodway. E. Interpretation: The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map. 1. Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations shall be the governing factor. The Zoning Administrator must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data. 2. Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Planning and Zoning Conunission/Board of Adjustment and to submit technical evidence. F. Abrogation and Greater Restrictions: It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. G. Warning and Disclaimer of Liability: This ordinance does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This ordinance does not create liability on the part of the City of Andover or its officers or employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. H. Severability: If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of law, the remainder of this ordinance shall not be affected and shall remain in full force. 14 -1 -5 Definitions: Unless specifically defined below, words or phrases used in this ordinance must be interpreted according to common usage and so as to give this ordinance its most reasonable application. 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. Base Flood Elevation — The elevation of the "regional flood." The term "base flood elevation" is used in the flood insurance survey. 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. 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. Critical Facilities — facilities necessary to a community's public health and safety, those that store or produce highly volatile, toxic or water- reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities. Development — any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. Equal Degree of Encroachment — a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. Farm Fence — A fence as defined by Minn. Statutes Section 344.02, Subd. 1(a) -(d). An open type fence of posts and wire is not considered to be a structure under this ordinance. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this ordinance. 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. Flood Frequency — the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. Flood Fringe — that portion of the floodplain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for Anoka County, Minnesota. Flood Prone Area — any land susceptible to being inundated by water from any source (see "Flood"). Floodplain — the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. Floodproofing— a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. F000dway — the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. Lowest Floor — 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. 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 tern "recreational vehicle" 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 floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. One Hundred Year Floodplain — lands inundated by the "Regional Flood" (see definition). Principal Use or Structure — all uses or structures that are not accessory uses or structures. October 2015 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. 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 ordinance, the term recreational vehicle is synonymous with the term "travel trailer /travel vehicle." 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 I% chance or 100 -year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study. Regulatory Flood Protection Elevation (RFPE) - an elevation not less than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. Repetitive Loss: Flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred. Special Flood Hazard Area — a term used for flood insurance purposes synonymous with "One Hundred Year Floodplain." 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, manufactured homes, recreational vehicles not meeting the exemption criteria specified in Section 9.22 of this ordinance and other similar items. Substantial Damage - means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial Improvement - 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 a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." For the purpose of this ordinance, "historic structure" is as defined in 44 Code of Federal Regulations, Part 59.1. A. Annexations: The Flood Insurance Rate Map panels adopted by reference into Section 14- 14(c) above may include floodplain areas that lie outside of the corporate boundaries of the City of Andover at the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the City after the date of adoption of this ordinance, the newly annexed floodplain lands will be subject to the provisions of this ordinance immediately upon the date of annexation. October 2015 2 14 -1 -6 ESTABLISHMENT OF ZONING DISTRICTS A. Districts: 1. Floodway District. The Floodway District includes those areas designated as floodway on the Flood Insurance Rate Map adopted in Section 14 -14C. For lakes, wetlands and other basins, the Floodway District includes those areas designated as Zone A and Zone AE without a floodway on the Flood Insurance Rate Map that are at or below the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14. 2. Flood Fringe District. The Flood Fringe District includes those areas designated as floodway fringe on the Flood Insurance Rate Map adopted in Section 14 -1 -4C, as being within Zone AE but being located outside of the floodway. For lakes, wetlands and other basins (that do not have a floodway designated), the Flood Fringe District includes those areas designated as Zone AE on the Flood Insurance Rate Map panels adopted in Section 14 -14C that are below the 1% annual chance (100 -year) flood elevation but above the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14. 3. General Floodplain District. The General Floodplain District includes those areas designated as Zone A or Zone AE without a floodway on the Flood Insurance Rate Map adopted in Section 14 -14C, but not subject to the criteria in sections 14- 1 -6A(1) and 14- 1 -6A(2) above. B. Compliance: Within the floodplain districts established in this ordinance, the use of any land, the use, size, type and location of structures on lots, the installation and maintenance of transportation, utility, water supply and waste treatment facilities, and the subdivision of land must comply with the terms of this ordinance and other applicable regulations. All uses not listed as permitted uses or conditional uses in Sections 14 -1 -7, 14 -1 -8 and 14 -1 -9, respectively, are prohibited. In addition, a caution is provided here that: 1. New and replacement manufactured homes and certain recreational vehicles are subject to the general provisions of this ordinance and specifically Section 14 -1 -12. 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 ordinance and specifically Section 14- 1 -13E. 3. All structures must be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 4. As -built elevations for elevated or floodproofed 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 ordinance and specifically as stated in Section 14 -1 -13 of this ordinance. 5. Critical facilities, as defined in Section 14 -1 -5, are prohibited in all floodplain districts. 14 -1 -7 FLOODWAY DISTRICT (F`V) A. Permitted Uses: 1. The following uses, subject to the standards set forth in Section 14- 1- 7A(2), are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district: General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck fanning, forestry, sod farming, and wild crop harvesting. Industrial- commercial loading areas, parking areas, and airport landing strips. October 2015 Open space uses, including but not limited to private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single or multiple purpose recreational trails. Residential lawns, gardens, parking areas, and play areas. Railroads, streets, bridges, utility transmission lines and pipelines, provided that the Department of Natural Resources' Area Hydrologist is notified at least ten days prior to issuance of any permit, and that the standards in Sections 14 -1 -713, 14- I -7B(6) and 14-1 - 7B(3)a of this ordinance are met. 2. Standards for Floodway Permitted Uses: a. The use must have a low flood damage potential. b. With the exception of the uses listed in Section 14 -1 -7A, the use must not obstruct flood flows or increase flood elevations and must not involve structures, fill, obstructions, excavations or storage of materials or equipment. C. Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (I% chance) flood. B. Conditional Uses: The following uses may be allowed as conditional uses following the standards and procedures set forth in Section 14 -1 -13 and 14 -1 -13D of this ordinance and further subject to the standards set forth in Section 14- 1- 7B(2), if otherwise allowed in the underlying zoning district or any applicable overlay district. 1. Structures accessory to the uses listed in 14 -1 -7 above and the uses listed below. Extraction and storage of sand, gravel, and other materials. Marinas, boat rentals, docks, piers, wharves, and water control structures. Storage yards for equipment, machinery, or materials. Placement of fill or construction of fences that obstruct flood flows. Farm fences, as defined in section 14 -1 -5, are permitted uses. Travel -ready recreational vehicles meeting the exception standards in Section 14- 1- 12B(3). Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the 10 -year frequency flood event. 2. Standards for Floodway Conditional Uses: All Uses. A conditional use must not cause any increase in the stage of the 1 % chance or regional flood or cause an increase in flood damages in the reach or reaches affected. a. Fill; Storage of Materials and Equipment: 1. 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. 2. Fitt, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long -term site development plan. October 2015 3. Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the 1 % percent chance or regional flood may only be allowed if the City Council has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available. Accessory Structures: (a) Accessory structures must not be designed for human habitation. (b) Accessory structures, if permitted, must 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 must be constructed with the longitudinal axis parallel to the direction of flood flow; and (2) So far as practicable, structures must be placed approximately on the same flood flow lines as those of adjoining structures. (c) Accessory structures must be elevated on fill or structurally dry floodproofed in accordance with the FP -1 or FP -2 floodproofing classifications in the State Building Code. All floodproofed accessory structures must meet the following additional standards: (1) The structure must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls; and (2) Any mechanical and utility equipment in the structure must be elevated to or above the regulatory flood protection elevation or properly floodproofed. (d) As an alternative, an accessory structure may be internally /wet floodproofed to the FP -3 or FP -4 floodprooftng classifications in the State Building Code, provided the accessory structure constitutes a minimal investment and does not exceed 576 square feet in size. A detached garage may only be used for parking of vehicles and limited storage. All structures must meet the following standards: (1) To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and (2) There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. 4. Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of Minnesota Statutes, Section 103G.245. A levee, dike or floodwall constructed in the floodway must not cause an increase to the I% chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream. 6. Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. 14 -1 -8 FLOOD FRINGE DISTRICT (FF) A. Permitted Uses: October 2015 Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in Sections 14- 1- 8A(2). If no pre - existing, underlying zoning districts exist, then any residential or nonresidential structure or use of a structure or land is a permitted use provided it does not constitute a public nuisance. 2. Standards for Flood Fringe Permitted Uses: A. All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. 1. All service utilities, including ductwork, must be elevated or water -tight to prevent infiltration of floodwaters. 2. As an alternative to elevation on fill, an accessory structure that constitutes a minimal investment and that does not exceed 576 square feet in size may be internally floodproofed in accordance with Section 14- 1- 713(3). B. The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with Section 14- 1 -8A(2) A of this ordinance, or if allowed as a conditional use under Section 14- 1 -8B(3) below. C. The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation. D. 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. E. Fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method. F. All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning /emergency evacuation plan acceptable to the City Council. G. Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (I% chance) flood. H. Interference with normal manufacturing/industrial plant operations must be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location. I. Flood fringe developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. J. Manufactured homes and recreational vehicles must meet the standards of Section 14 -1 -12 of this ordinance. B. Conditional Uses: The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in Section 10.4 of this ordinance. Conditional uses must meet the standards in Sections 5.24 through 5.30 and Section 5.4. October 2015 Any structure that is not elevated on fill or floodproofed in accordance with Section 14-1 - 8A(2)A of this ordinance. 2. Storage of any material or equipment below the regulatory flood protection elevation. 3. The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with Section 14- 1- 8A(2)A of this ordinance. C. Standards for Flood Fringe Conditional Uses: 1. The standards listed in Sections 14- 1 -8A(2) apply to all conditional uses. 2. Basements, as defined by Section 14 -1 -15 of this ordinance, are subject to the following: (a) Residential basement construction is not allowed below the regulatory flood protection elevation. (b) Non - residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with Section 14-1 - 8C(4) of this ordinance. 3. All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FP -1 or FP -2 floodproofing classification in the State Building Code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures wet floodproofed to the FP -3 or FP-4 classification are not permitted. 4. The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan. (a) The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event. (b) The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City Council. (c) The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. 5. Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning. 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 October 2015 design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. (b) Specific Standards for Above - grade, Enclosed Areas - Above - grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: (1) The minimum area of openings in the walls where internal flooding is to be used as a floodproofmg 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. 14 -1 -9 GENERAL FLOODPLAIN DISTRICT (GF) A. Permitted Uses: 1. The uses listed in Section 14 -1 -7A of this ordinance, Floodway District Permitted Uses, are permitted uses. 2. All other uses are subject to the floodway /flood fringe evaluation criteria specified in Section 14 -1 -913 below. Section 14 -1 -7 applies if the proposed use is determined to be in the Floodway District. Section 14 -1 -8 applies if the proposed use is determined to be in the Flood Fringe District. B. Procedures for Floodway and Flood Fringe Determinations: Upon receipt of an application for a permit or other approval within the General Floodplain District, the Zoning Administrator must obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state, or other source. If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in 14- 1 -9B(3) below. The determination of floodway and flood fringe must include the following components, as applicable: (a) Estimate the peak discharge of the regional (1% chance) flood. (b) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. (c) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one -half (0.5) foot. A lesser stage increase than 0.5 foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree October 2015 of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries. The Zoning Administrator will review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment must include the cumulative effects of previous floodway encroachments. The Zoning Administrator may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the Zoning Administrator may approve or deny the application. Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Administrator must process the permit application consistent with the applicable provisions of Section 14 -1 -7 and 14 -1 -8 of this ordinance. October 2015 14 -1 -10 LAND DEVELOPMENT STANDARDS A. In General: Recognizing that flood prone areas may exist outside of the designated floodplain districts, the requirements of this section apply to all land within the City of Andover. B. Subdivisions: No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this ordinance. 1. All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. 2. All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1 % chance) flood has been approved by the City Council. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation. 3. For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents. 4. In the General Floodplain District, applicants must provide the information required in Section 6.2 of this ordinance to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site. 5. If a subdivision proposal or other proposed new development is in a flood prone area, any such proposal must be reviewed to assure that: (a) All such proposals are consistent with the need to minimize flood damage within the flood prone area, (b) All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and (c) Adequate drainage is provided to reduce exposure of flood hazard. C. Building Sites: If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) must be: 1. Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; 2. Constructed with materials and utility equipment resistant to flood damage; 3. Constructed by methods and practices that minimize flood damage; and 4. Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 14 -1 -11 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES A. Public Utilities: All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be floodproofed in accordance with the State Building Code or elevated to the regulatory flood protection elevation. October 2015 10 B. Public Transportation Facilities: Railroad tracks, roads, and bridges to be located within the floodplain must comply with Sections 14 -1 -7 and 14 -1 -8 of this ordinance. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. C. On -site Water Supply and Sewage Treatment Systems: Where public utilities are not provided: 1) On -site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and 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 must 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 is considered to be in compliance with this Section. 14 -1 -12 MANUFACTURED HOMES, MANUFACTURED HOME PARKS, AND RECREATIONAL VEHICLES. A. Manufactured Homes: New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain district. For existing manufactured home parks or lots of record, the following requirements apply: I . Placement or replacement of manufactured home units is prohibited in the Floodway District. 2. If allowed in the Flood Fringe District, placement or replacement of manufactured home units is subject to the requirements of Section 14 -1 -8 of this ordinance and the following standards. (a) New and replacement manufactured homes must be elevated in compliance with Section 14 -1 -8 of this ordinance and must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over - the -top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. (b) New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in Section 14-1 -1013(2). B. Recreational Vehicles: New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Placement of recreational vehicles in existing recreational vehicle parks or campgrounds in the floodplain must meet the exemption criteria below or be treated as new structures meeting the requirements of this ordinance. Recreational vehicles are exempt from the provisions of this ordinance if they are placed in any of the following areas and meet the criteria listed in Section 14- 1- 12B(2): (a) Individual lots or parcels of record. (b) Existing commercial recreational vehicle parks or campgrounds. (c) Existing condominium -type associations. 2. Criteria for Exempt Recreational Vehicles: (a) The vehicle must have a current license required for highway use. October 2015 11 (b) The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks. (c) No permanent structural type additions may be attached to the vehicle. (d) The vehicle and associated use must be permissible in any pre- existing, underlying zoning district. (e) Accessory structures are not permitted within the Floodway District. Any accessory structure in the Flood Fringe District must be constructed of flood - resistant materials and be securely anchored, meeting the requirements applicable to manufactured homes in Section 14- 1- 12B(2). (f) An accessory structure must constitute a minimal investment Recreational vehicles that are exempt in Section 14- 1- 12B(2) lose this exemption when development occurs on the site that exceeds a minimal investment for an accessory structure such as a garage or storage building. The recreational vehicle and all accessory structures will then be treated as new structures subject to the elevation and floodproofmg requirements of Section 14 -1 -8 of this ordinance. No development or improvement on the parcel or attachment to the recreational vehicle is allowed that would hinder the removal of the vehicle should flooding occur. 14 -1 -13 ADMINISTRATION A. Zoning Administrator: A Zoning Administrator or other official designated by the City Council must administer and enforce this ordinance. B. Permit Requirements: Permit Required. A permit must be obtained from the Zoning Administrator prior to conducting the following activities: (a) The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this ordinance. (b) The use or change of use of a building, structure, or land. (c) The construction of a dam, fence, or on -site septic system, although a permit is not required for a farm fence as defined in this ordinance. (d) The change or extension of a nonconforming use. (e) The repair of a structure that has been damaged by flood, fire, tornado, or any other source. (f) The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain. (g) Relocation or alteration of a watercourse - including new or replacement culverts and bridges), unless a public waters work permit has been applied for. (h) Any other type of "development' as defined in this ordinance. Application for Permit. Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator. The permit application must include the following as applicable: October 2015 12 (a) A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit. (b) Location of fill or storage of materials in relation to the stream channel. (c) Copies of any required municipal, county, state or federal permits or approvals. (d) Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application. Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this ordinance. Certification. The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Floodproofmg measures must be certified by a registered professional engineer or registered architect. Record of First Floor Elevation. The Zoning Administrator must maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The Zoning Administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed. Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to Minnesota Statutes, Section 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data. C. Variances: Variance Applications. An application for a variance to the provisions of this ordinance will be processed and reviewed in accordance with applicable state statutes and Section 12 -14 -7 of the City Code. Adherence to State Floodplain Management Standards. A variance must not allow a use that is not allowed 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. Additional Variance Criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: (a) Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. (b) Variances may only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional October-2015 13 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 may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 4. Flood Insurance Notice. The Zoning Administrator must notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and 2) Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions. 5. General Considerations. The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains: (a) The potential danger to life and property due to increased flood heights or velocities caused by encroachments; (b) The danger that materials maybe swept onto other lands or downstream to the injury of others; (c) The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions; (d) The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner; (e) The importance of the services to be provided by the proposed use to the community; (f) The requirements of the facility for a waterfront location; (g) The availability of viable alternative locations for the proposed use that are not subject to flooding; (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 Land Use Plan and flood plain management program for the area; 0) 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. 6. Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 7. Submittal of Final Decisions to the DNR. A copy of all decisions granting variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. S. Record - Keeping. The Zoning Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency. October 2015 14 D. Conditional Uses: Administrative Review. An application for a conditional use permit under the provisions of this ordinance will be processed and reviewed in accordance with Section 12 -14 -6 of the City Code. 2. Factors Used in Decision - Making. In passing upon conditional use applications, the City Council must consider all relevant factors specified in other sections of this ordinance, and those factors identified in Section 14- 1- 13(C)5 of this ordinance. Conditions Attached to Conditional Use Permits. The City Council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following: (a) Modification of waste treatment and water supply facilities. (b) Limitations on period of use, occupancy, and operation. (c) Imposition of operational controls, sureties, and deed restrictions. (d) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (e) F000dproofmg measures, in accordance with the State Building Code and this ordinance. The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofmg measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. 4. Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 5. Submittal of Final Decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. E. NONCONFORMITIES Continuance of Non conformities: A use, structure, or occupancy of land which was lawful before the passage or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions. Historic structures, as defined in Section 14- 1 -5(b) of this ordinance, are subject to the provisions below. a. A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in 14 -1 -13E below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited. b. Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofmg techniques (i.e., FP -1 thru FP -4 floodproofing classifications) allowable in the State Building Code, except as further restricted in 14- 1- 13E(1)C and 14- 1- 13E(1)g below. C. If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of any nonconforming structure, then the entire structure must meet the standards of Section 14 -1 -7 and 14 -1 -8 of this ordinance for new structures depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. The cost of all structural October 2015 15 alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. d. If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this ordinance. The Assessor must notify the Zoning Administrator in writing of instances of nonconformities that have been discontinued for a period of more than one year. e. If any nonconformity is substantially damaged, as defined in Section 14 -1 -5 of this ordinance, it may not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing new uses or new structures in Sections 14 -1 -7 and 14 -1 -8 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. f. If any nonconforming use or structure experiences a repetitive loss, as defined in Section 14 -1- 5 of this ordinance, it must not be reconstructed except in conformity with the provisions of this ordinance. g. Any substantial improvement, as defined in Section 14 -1 -5 of this ordinance, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of Section 14 -1 -7 and 14 -1 -8 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District. 14 -1 -14 PENALTIES AND ENFORCEMENT A. Violation Constitutes a Misdemeanor: Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law. B. Other Lawful Action: Nothing in this ordinance restricts the City from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this ordinance and will be prosecuted accordingly. C. Enforcement: In responding to a suspected ordinance violation, the Zoning Administrator and City Council 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 City must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. 1. When a violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as it is reasonably possible, this information will be submitted to the appropriate State Department of Natural Resources and Federal Emergency Management Agency regional office along with the city's plan of action to correct the violation to the degree possible. 2. The Zoning Administrator 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 Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the city. If the construction or development is already completed, the Zoning Administrator may either: 1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into October 2015 16 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. 14 -1 -15 AMENDMENTS A. Floodplain Designation — Restrictions on Removal: The floodplain designation on the Official Zoning Map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use. B. Amendments Require DNR Approval: All amendments to this ordinance must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must approve the amendment prior to community approval. C. Map Revisions Require Ordinance Amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in Section 14 -14C of this ordinance. EFFECTIVE DATE: This ordinance shall be in full force and effect from and after its passage and approval and publication, as required by law and/or charter on December 16, 2015. Adopted by the City Council of the City of Andover this day of 2015. CITY OF ANDOVER ATTEST: Michelle Hartner, City Clerk Julie Trude, Mayor October 2015 17 in 190 The Honorable Julie Trude Mayor, City of Andover Andover City Hall 1685 Crosstown Blvd. NW Andover, MN 55304 Dear Mayor Trude, MINNESOTA DEPARTMENT OF NATURAL RESOURCES CENTRAL OFFICE September 22, 2015 CONDITIONAL STATE APPROVAL OF FLOODPLAIN ORDINANCE & REQUIRED NEXT STEPS The Department of Natural Resources (DNR) received via email on September 15, 2015, a draft floodplain management ordinance amendment for the City of Andover from City Planner Stephanie Hanson. This ordinance is being amended in order to incorporate the Flood Insurance Study, Anoka County, Minnesota and Incorporated Areas and the accompanying Flood Insurance Rate Map panels with an effective date of December 16, 2015. The additional amendments proposed in this draft are not mandatory but are desirable in order to incorporate new definitions, optional floodproofing standards, and higher standards for flood protection, such as the repetitive loss provisions. The draft ordinance will need one minor correction to meet state and FEMA standards: through an oversight on our part, the map panel numbers are missing a "C," which should be inserted after the "27003" -for example, panel 27003 _C0166E. We apologize for the error. Apart from the above items, the draft floodplain management ordinance is in compliance with Statewide Standards and Criteria for Management of Floodplain Areas of Minnesota, Minnesota Rules, Parts 6120.5000 to 6120.6200. Therefore, in accordance with Minnesota Statutes, Chapter 103F, I hereby give conditional state approval of the draft floodplain management ordinance, provided the abovementioned revisions are made. To the best of my knowledge, this.draft ordinance will then also be in compliance with the floodplain management standards of the Federal Emergency Management Agency. This approval is valid upon adoption of the draft ordinance by the city and receipt by this office of one (1) copy each of the adopted ordinance (signed andstamped with the community seal), the affidavit of publication, and the completed "Ordinance Certification Checklist" that I have enclosed. Please forward these documents to Ceil Strauss, the DNR's State NFIP Coordinator in St. Paul at the address below in the footer. Upon receipt and 4ft PRINTED ON RECYCLED PAPER CONTAINING A mndnr.gOV 500 LAFAYEiTE ROAD • SAINT PAUL, MN 55155 Ms'. Julie Trude September 22, 2015 Page two verification, Ms. Strauss will transmit one copy of these materials to Mr. John Devine at FEMA's Chicago Regional Office. Please remember, FEMA must receive a signed, certified, and in- effect ordinance no later than December 16, 2015. To allow sufficient time for processing and transmittal, we request that you submit the requested materials to the DNR no later than December 11 2015 If FEMA has not received the documentation by the map effective date, FEMA will suspend the City from the National Flood Insurance Program. PIease be advised that any future amendments of this ordinance or change in the designation of flood prone areas require prior approval of the Commissioner. In addition, you are required to send copies of hearing notices and final decisions pertaining to variance, conditional uses, and ordinance amendments to this agency. Please send those to State NFIP Coordinator Ceil Strauss at the above address. Should you have any questions on this ordinance or related matters, please contact Ms. Strauss at (651) 259 -5713 or ceil.strauss@state.mn.us. While our office in St. Paul will continue to be the main contact for the ordinance update, your DNR Area Hydrologist will continue to be your main contact for day to day assistance with administering your floodplain management ordinance and questions about other DNR water - related programs and permits. Your Area Hydrologist is Kate Drewry, who can be contacted at 651 -259 -5753 or kate.drewry0state.mn.us . The DNR greatly appreciates your community's cooperation and initiative in providing for the reduction of flood damages through the adoption and administration of this ordinance. fer Shillcos Land Use Section Supervisor Attachments: Ordinance Certification Checklist; sample ordinance summaries for publication (e- mailed) ec: John Devine, FEMA Terri Yearwood, DNR Eco- Waters' Regional Manager Jeanne Daniels, DNR Eco - Waters' District Manager Kate Drewry, Area Hydrologist Stephanie Hanson, City Planner Dave Carlberg, City Administrator Adoption of Flood Insurance Rate Maps by Participating Communities The National Flood Insurance Program (NFIP) was established with the passage of the National Flood Insurance Act of 1968. The NFIP is a Federal program enabling property owners in participating communities to purchase insurance as a protection against flood losses in exchange for State and community floodplain management regulations that reduce future flood damages. Over 21,000 communities participate in the Program. This brochure addresses several questions about community adoption of the Flood Insurance Rate Map (FIRM). As a participating community in the NFIP, your community is responsible for making sure that its floodplain management regulations meet or exceed the minimum requirements of the NFIP. By law, the Department of Homeland Security's Federal Emergency Management Agency (FEMA) cannot offer flood insurance in communities that do not have regulations that meet or exceed these minimum requirements. These regulations can be found in Title 44 of the Code of Federal Regulations (44 CFR) Section 60.3. You can also find them in model ordinances developed by most States and by FEMA Regional Offices. The basis of your community's floodplain management regulations is the flood hazard data provided to the community by FEMA. FEMA identifies flood hazards nationwide and publishes and periodically updates flood hazard data in support of the NFIP. Flood hazard data is provided to communities in the form of a FIRM and Flood Insurance Study (FIS) report, typically prepared in a countywide format. Please be aware that while an FIS report accompanies most FIRMS, it is not created for all flood studies. Flood Study and Adoption Timeline The identification of flood hazards serves many important purposes. Identifying flood hazards creates an awareness of the hazard, especially for those who live and work in floodprone areas. The FIRM and FIS report provide States and communities with the information needed for land use planning and to reduce flood risk to floodplain development and implement other health and safety requirements through codes and regulations. States and communities can also use the information for emergency management. Each time FEMA provides your community with additional flood hazard data, your community must adopt new floodplain management regulations or amend existing regulations to incorporate the new data and meet any additional requirements that result from any changes in the data, such as the designation of a regulatory floodway for the first time. Your floodplain management regulations must also meet any additional State requirements and be adopted through a process that complies with any procedural requirements established in your State for the adoption of ordinances or regulations. Public Notice Published Twice In Local Newspaper End ofAp� Final Community Meeting Held/ Proposed Federal Register Publication I Discovery Meeting Held Preliminary FIRM and Report Issued Colact initial Comments, 90 -Day Flood Hazard Data Development/ FIRM and Flood Study Production* on Preliminary FIRM ^ Appeal and Report* Period "The timefreme for completing these activites may vary. Period Letter of Final Determination Issued Date of Effective FIRM 6 -Month 9 Adootion of Flood Insurance Rate Maps by Participating Communities What is the process for developing new flood hazard data or revising existing data? FEMA coordinates closely with communities to develop new flood risk data or revise existing data during the flood study process. This coordination may lead to new or updated flood hazard mapping (i.e., the update of a community's FIRM and FIS report), flood risk assessment projects, and /or mitigation planning assistance. In general, the process includes the following activities: • Under FEMA's Risk MAP program, FEMA engages in a Discovery process with communities and other local stakeholders to obtain a comprehensive picture of flooding issues, flood risk, and the potential for the performance of additional flood mitigation activities, including the adoption of more restrictive floodplain management criteria by communities. Stakeholders may include, but are not Iimited to, local officials, citizen associations, representatives of levee boards, conservation districts, Tribal Nations, and economic development organizations. Information obtained during the Discovery meeting helps determine whether a flood risk assessment project, including new or updated flood hazard data and a corresponding FIRM and FIS report, is needed. • Once it is determined that the creation or revision of flood hazard data, including an update to the FIRM and FIS report, is needed, FEMA works with communities and other Discovery stakeholders to determine the parameters of the project, including flooding sources and the type and extent (number of stream or coastline miles) of the study. • The mapping process typically includes development of Base Flood Elevations (BFEs) and floodways for the project area. In addition, the mapping process includes activities such as obtaining the digital base map, developing the FIRM flood hazard database and, when appropriate, incorporating or revalidating previously issued Letters of Map Change, or LOMCs. LOMCs, which include Letters of Map Revision (LOMRs), Letters of Map Revision Based on Fill and Letters of Map Amendment, serve to officially revise the effective FIRM and FIS report without requiring the physical revision and republication of these materials. • When the study is completed, FEMA provides the community with a preliminary FIRM and FIS report for review. In addition, FEMA may hold public meetings —often referred to as the Final Meeting and Open House —to explain and obtain comments on the preliminary- FIRM and FIS report. • FEMA provides a 90 -day appeal period for all new or modified flood hazard information shown on a FIRM, including additions or modifications of any BFEs, base flood depths, Special ,Flood Hazard Area (SFHA) boundaries or zone designations, or regulatory floodways. SFHAs are areas subject to inundation by the base (I -percent-annual-chance) flood and include the following flood zones: A, AO, AH, Al -A30, AE, A99, AR, AR /Al -A30, AR /AE, AR /AO, AR /AH, AR /A, VO, VI -V30, VE, and V. The regulatory floodway is the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Before the appeal period is initiated, FEMA will publish a notice of proposed flood hazard determinations in the Federal Register and notify the community's Chief Executive Officer of the determination. FEMA will then publish information about the flood hazard determinations at least twice in a local newspaper. The appeal period provides the community and owners or lessees of property in the community an opportunity to submit scientific or technical information if they believe the flood hazard determinations are scientifically or technically incorrect. • Following the 90 -day appeal period, FEMA resolves all appeals and finalizes all changes to the FIRM and FIS report. • FEMA then issues a Letter of Final Determination (LFD), which establishes the final flood hazard data and the effective date of the new FIRM and FIS report for the community. The LFD also initiates the six - month adoption period during which the community must adopt or amend its floodplain management regulations to reference the new FIRM and FIS report. • The FIRM and FIS report become effective at the end of the six -month period. The effective date is also the date when flood insurance rates will be based on the new flood data for new construction built after this date. The effective FIRM will be used by Federally insured or regulated lenders to determine if flood insurance is required as a condition of a loan. FEMA has entered into agreements with nearly 250 communities, States, and regional agencies to be active partners in FEMNs flood hazard mapping program under the Cooperating Technical Partners (CTP) Program. These agencies are participating with FEMA in developing and updating FIRMS. (See the box on the inside of the back cover page for a brief description of the CTP program.) Adoption of Flood Insurance Rate Maps by Participating Communities 3 What is the process for developing new flood hazard data or revising existing data? FEMA coordinates closely with communities to develop new flood risk data or revise existing data during the flood study process. This coordination may lead to new or updated flood hazard mapping (i.e., the update of a community's FIRM and FIS report), flood risk assessment projects, and /or mitigation planning assistance. In general, the process includes the following activities: • Under FEMA's Risk MAP program, FEMA engages in a Discovery process with communities and other local stakeholders to obtain a comprehensive picture of flooding issues, flood risk, and the potential for the performance of additional flood mitigation activities, including the adoption of more restrictive floodplain management criteria by communities. Stakeholders may include, but are not limited to, local officials, citizen associations, representatives of levee boards, conservation districts, Tribal Nations, and economic development organizations. Information obtained during the Discovery meeting helps determine whether a flood risk assessment project, including new or updated flood hazard data and a corresponding FIRM and FIS report, is needed. • Once it is determined that the creation or revision of flood hazard data, including an update to the FIRM and FIS report, is needed, FEMA works with communities and other Discovery stakeholders to determine the parameters of the project, including flooding sources and the type and extent (number of stream or coastline miles) of the study. • The mapping process typically includes development of Base Flood Elevations (BFEs) and floodways for the project area. In addition, the mapping process includes activities such as obtaining the digital base map, developing the FIRM flood hazard database and, when appropriate, incorporating or revalidating previously issued Letters of Map Change, or LOMCs. LOMCs, which include Letters of Map Revision (LOMRs), Letters of Map Revision Based on Fill and Letters of Map Amendment, serve to officially revise the effective FIRM and FIS report without requiring the physical revision and republication of these materials. • When the study is completed, FEMA provides the community with a preliminary FIRM and FIS report for review. In addition, FEMA may hold public meetings —often referred to as the Final Meeting and Open House —to explain and obtain comments on the preliminary FIRM and FIS report. • FEMA provides a 90 -day appeal period for all new or modified flood hazard information shown on a FIRM, including additions or modifications of any BFEs, base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, or regulatory floodways. SFHAs are areas subject to inundation by the base (1- percent - annual- chance) flood and include the following flood zones: A, AO, AH, AI -A30, AE, A99, AR, AR /AI -A30, AR /AE, AR /AO, AR /AH, AR /A, VO, VI-V30, VE, and V. The regulatory floodway is the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Before the appeal period is initiated, FEMA will publish a notice of proposed flood hazard determinations in the Federal Register and notify the community's Chief Executive Officer of the determination. FEMA will then publish information about the flood hazard determinations at least twice in a local newspaper. The appeal period provides the community and owners or lessees of property in the community an opportunity to submit scientific or technical information if they believe the flood hazard determinations are scientifically or technically incorrect. • Following the 90 -day appeal period, FEMA resolves all appeals and finalizes all changes to the FIRM and FIS report. • FEMA then issues a Letter of Final Determination (LFD), which establishes the final flood hazard data and the effective date of the new FIRM and FIS report for the community. The LFD also initiates the six - month adoption period during which the community must adopt or amend its floodplain management regulations to reference the new FIRM and FIS report. • The FIRM and FIS report become effective at the end of the six -month period. The effective date is also the date when flood insurance rates will be based on the new flood data for new construction built after this date. The effective FIRM will be used by Federally insured or regulated lenders to determine if flood insurance is required as a condition of a loan. FEMA has entered into agreements with nearly 250 communities, States, and regional agencies to be active partners in FEMA's flood hazard mapping program under the Cooperating Technical Partners (CTP) Program. These agencies are participating with FEMA in developing and updating FIRMS. (See the box on the inside of the back cover page for a brief description of the CTP program.) Adontinn of Flnod Insurance Rate Mans by Parricinatinv CommnnitipS 3 FIRM What must an NFIP participating community do when FEMA provides new or revised flood hazard data? Each time FEMA provides a community with new or revised flood hazard data, the community must either adopt new floodplain management regulations, or amend its existing regulations to reference the new FIRM and FIS report. In some cases, communities may have to adopt additional floodplain management requirements if a new type of flood hazard data is provided, such as a new flood zone (e.g., going from a Zone A without BFEs to a Zone AE with BFEs or going from a Zone AE to a Zone VE — the coastal high hazard area), or with the addition of a regulatory floodway designation. The following guide is to help you determine whether changes need to be made in your community's floodplain management regulations when a new or revised FIRM and FIS report are provided: • If the community's floodplain management regulations are compliant with the NFIP requirements when the LFD is issued, the community needs to amend only the map reference section of their floodplain management regulations to identify the new FIRM and FIS report. • If the community has a legally valid automatic adoption clause established in the map reference section of the regulations and the community's regulations are otherwise compliant with the NFIP requirements, then the floodplain management regulations do not need to be amended. Automatic adoption clauses adopt all future revisions to the FIRM without further action by the community. However, keep in mind that the FIRM and FIS report update process outlined above still applies for communities with automatic adoption clauses. Automatic adoption clauses are not permitted in many States. • If the community is provided a new type of flood hazard data, the community will need to either adopt new regulations or amend existing regulations to include the appropriate NFIP requirements, in addition to referencing the new FIRM and FIS report. The LFD indicates the sections of the NFIP floodplain management requirements at 44 CFR Section 60.3 that a community must adopt based on the type of flood hazard data provided to the community. You can contact the FEMA Regional Office or your State NFIP Coordinating Agency for assistance on the specific requirements your community will need to adopt. (See "For Assistance" on the back cover page for contact information.) If your community has adopted higher standards than the minimum requirements of the NFIP, your community may qualify for a reduction in flood insurance premiums for your citizens under the Community Rating System (CRS). (See the box on the inside of the back cover for a brief description of the CRS.) 4 Adoption of Flood Insurance Rate Maps by Participating Communities Janesville, Wisconsin, 2008 When must a community adopt the new or revised flood hazard data? Your community must amend its existing floodplain management regulations or adopt new regulations before the effective date of the FIRM and FIS report, which is identified in the LFD. The LFD initiates the six -month adoption period. Communities are encouraged to adopt the appropriate floodplain management regulations as soon as possible after the LFD is issued. The adopted regulations must be submitted to FEMA or the State and be approved by FEMA before the effective date of the FIRM and FIS report. FEMA will send two letters notifying the community that it must have approved floodplain management regulations in place before the effective date of the FIRM. The first letter is a reminder letter and is sent to the community 90 days before the effective date. The second letter is sent to the community 30 days before the effective date of the FIRM. This letter is FEMXs final notification that the community will be suspended from the NFIP if it does not adopt the FIRM before the effective date. Notice of the suspension is also published in the Federal Register. If the community adopts or amends its floodplain management regulations prior to the effective date of the FIRM and FIS report and the FEMA Regional office approves the community's regulations, the suspension will not go into effect and the community will remain eligible for participation in the NFIP. What happens if a community does not adopt the appropriate floodplain management regulations during the six -month adoption period? If a community does not adopt new floodplain management regulations or amend its existing regulations before the effective date of the FIRM and FIS report, the community will be suspended from the NFIP. The following sanctions apply if a community is suspended from the NFIP: • Property owners will not be able to purchase NFIP flood insurance policies and existing policies will not be renewed. • Federal grants or loans for development will not be available in identified flood hazard areas under programs administered by Federal agencies such as the Department of Housing and Urban Development, the Environmental Protection Agency, and the Small Business Administration. • Federal disaster assistance will not be provided to repair insurable buildings located in identified flood hazard areas for damage caused by a flood. • Federal mortgage insurance or loan guarantees will not be provided in identified flood hazard areas such as those written by the Federal Housing Administration and the Department of Veteran Affairs. • Federally insured or regulated lending institutions, such as banks and credit unions, are allowed to Atlnntion of Flonrl Tnsuranra Rate Mane h w Pirtirinotinn i nm mnniti ac F Elevated home on pile foundation make conventional loans for insurable buildings in flood hazard areas of non - participating communities. However, the lender must notify applicants that the property is in a flood hazard area and that the property is not eligible for Federal disaster assistance. Some lenders may voluntarily choose not to make these loans. Elevated home on crawl space foundation If a community is suspended, it may regain its eligibility in the NFIP by enacting the floodplain management measures established in 44 CFR Section 60.3 of the NFIP regulations. If development takes place in your community during suspension that does not meet the minimum NFIP requirements, your community will be asked to take actions to reduce the increased flood hazard prior to reinstatement. Digital Flood Hazard Information Resources In accordance with the flood Insurance Reform Act of database is provided to your community once theFIRM 2004, FEMA has implemented a policy that allows the use becomes effective and is also available for download of digital data for official NFIP purposes. All FEMA's flood through the MSC. mapping products are now prepared digitally, and a number of The National Flood Hazard Layer (NFHL) contains all different digital, options are available to view the flood hazard effective digital flood hazard information from FIRM information shown on community FIRMs. All digital flood' databases and LOMRs produced by FEMA in one integrated hazard resources referenced below can be accessed through nationwide dataset. It also contains point locations of FEMA's Map Service Center (MSC) at http: / /msc.fema.gov. other LOMCs, such as Letters of Map Revision Based on • Once effective, copies "of the FIRM panels in digital Fill and Letters of Map Amendment. The NFHL is available format will be provided to your community and will also for viewing through FEMA's online map viewer which can be available through the MSC. Note that Letters of Map be accessed through the MSC. The NFHL can also be Change (LOMCs) are also available through the MSC in .pdf viewed as a layer in Google Earth or accessed via Web format. Map Service (WMS), a web -based method of viewing • flRMettes show a desired section of a FIRM panel specified map information using commercial software, such as by a user, plus map scale, and other legend information ESRI's ArcGIS. Additional information on these services is from the FIRM. FIRMettes can be created online through available through the MSC. the MSC, and printed or saved in .pdf format at no cost. Note for communities that do not yet have digitally produced Sig designed • The FIRM database is designed for use with specialized FIRMsscanned digital versions of the paper FIRM panels are Geographic Information System u software. Users available through the MSC. However, since the FIRMs were not are able p'hi integrate local data sets with the FEMA flood produced digitally, a FIRM database will not be available and the flood hazard information shown on the FIRMS will not be h azard data in the FIRM database to assist with floodplain included in the NFHL. management or mitigation planning measures. The FIRM _ R A`innrinn of FtnM rnsuranrP RarP Mans by Partirinatina Cnmmnniriac