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HomeMy WebLinkAboutCity Council Packet 10-11-2016 Special Special Council Meeting 1 of 1 October 11, 2016 CITY OF PLYMOUTH AGENDA SPECIAL COUNCIL MEETING OCTOBER 11, 2016, 5:30 p.m. MEDICINE LAKE CONFERENCE ROOM 1. CALL TO ORDER 2. TOPICS A. Discuss DNR Required Floodplain Regulations B. Set future Study Sessions 3. ADJOURN STUDY SESSION COUNCIL MEETING October 11, 2016 Agenda Number: 2A To: Dave Callister, City Manager Prepared by: Marie Darling, Senior Planner Reviewed by: Barbara Thomson, Planning Manager, and Steve Juetten, Community Development Director Item: Review of Proposed Changes to the Floodplain Regulations (2016 069) 1. ACTION REQUESTED: Review proposed changes to the city’s floodplain ordinance and map, and then direct staff regarding whether any additional revisions should be considered. 2. BACKGROUND: The Floodplain Overlay District in the city’s zoning ordinance defines and regulates all lands below the 100- year floodplain and separates the floodplain into three overlay districts: General Floodplain, Flood Fringe, and Floodway.  General Floodplain: includes all areas within the 100-year floodplain  Floodway: includes the bed of a wetland or lake, or the channel of a creek or river  Flood Fringe: includes all areas outside the Floodway that are within the 100-year floodplain The map on the right shows what the Flood Fringe and Floodway look like on a Flood Insurance Rate Map. In May of 2016, The Federal Emergency Management Agency (FEMA) notified the city that they were issuing new flood maps for all of Hennepin County and the city must therefore update its floodplain regulations. All cities in Hennepin County were similarly noticed. Adopting the new maps and revising the city’s regulations are a mandatory federal requirement to remain in the National Flood Insurance Program (NFIP). The NFIP enables property owners to purchase insurance as a protection against flood losses in exchange for state and community floodplain management regulations that reduce future flood damages. The City of Plymouth has until November 4, 2016 to adopt the new maps and regulations. FEMA has assigned the Minnesota Department of Natural Resources (DNR) to review local ordinances and provide assistance to local communities as they refine their ordinances to incorporate the new federal regulations. The DNR created a model ordinance for this purpose. Staff has used the model ordinance to amend the floodplain district regulations, the flood-related definitions, and pertinent sections of the subdivision regulations. Page 1 a. CHANGES TO THE ZONING MAP In some parts of Hennepin County, the map changes are profound. In Plymouth, the changes affect about ½ mile of Plymouth Creek and are not due to any new changes to either the watercourse or the regulations. The change to this area was adopted by FEMA about 10 years ago through a letter of map amendment in conjunction with grading for the Summer Creek subdivision and the map has only now been re-issued reflecting the change. b. REGULATION CHANGES In drafting the proposed regulations, staff had two goals: 1) maintain the city’s eligibility for the National Flood Insurance Program and 2) create user-friendly regulations that can be interpreted and explained to affected property owners. The proposed changes to both the zoning ordinance and subdivision regulations are attached. The changes proposed are stricken and new language is underlined. Much of the underlined language is due to regulations that were relocated from other parts of the existing section. Changes Based on Federal Regulations Much of the proposed language is required and cannot be altered. Examples of mandatory language include: 1. How areas of the General Floodplain are determined to be Flood Fringe or Floodway (p. 19) 2. The definition of critical facilities and other flood-related definitions (pp. 1-4) 3. Standards for reviewing variances (p. 23) and conditional use permit (p. 26) applications 4. Notice and record-keeping requirements for formal decisions (pp. 22, 23, 28 and 30) Some of the required changes have simplified and improved the review process. For example, the proposed ordinance considers road and bridge projects crossing floodplain areas as permitted uses where the existing ordinance requires conditional use permits. Where does the City have discretion? One aspect of the amendments where the city has discretion is whether or not to allow the uses listed as permitted and conditional. Floodway: Staff removed some of the previously allowed permitted uses in the floodway, including airport landing strips, game farms, fish hatcheries, shooting preserves, and hunting areas as there are none in floodplain areas in Plymouth and there is little available land to create them in the future. Staff also added residential docks to the list of permitted uses in floodway districts because most residents along floodways have docks and the city and DNR have always allowed them in floodways. Page 2 Optional Floodway permitted uses that staff included in the ordinance (p. 9-10): 1. General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting (similar to current ordinance) 2. Industrial-commercial loading areas and parking areas (Similar to current ordinance) 3. Open space uses, including golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, fishing areas, and single or multiple purpose recreational trails (Similar to current ordinance) 4. Residential lawns, gardens, docks, parking areas, and play areas (Similar to current ordinance) 5. Railroads, roads, 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 a permit (New, previously a conditional use permit) Optional Floodway conditional uses that staff included in the ordinance (p. 10-11): 1. Storage yards for equipment, machinery, or materials in the floodway (Similar to current ordinance) 2. Extraction and storage of sand, gravel, and other materials in the floodway (Similar to current ordinance) 3. Placement of fill or fences that obstruct flood flows (Fill is included in the current ordinance, fences are new from the model ordinance) 4. Marinas, boat rentals, docks, piers, wharves, and water control structures (Similar to current ordinance) Optional Floodway conditional uses staff did not included in the ordinance: travel-ready recreational vehicles (not permitted in the current ordinance) and levees or dikes intended to protect agricultural crops for a frequency event equal to or less than the 10-year frequency flood event (included in the current ordinance). Please note that staff did not include storage of recreational vehicles in Floodways, but they are allowed to be stored in Flood Fringe areas. Flood Fringe: Optional Flood Fringe permitted use standards that staff included in the ordinance include accessory structures that are built to state floodproofed standards instead of building the structure on fill (p. 14). Staff is proposing two conditional uses in the Flood Fringe related to fill. (p. 15) 1. When a property owner proposes fill to create an outdoor storage area for goods and equipment (Similar to current ordinance) 2. To add 50 cubic yards or more of fill anywhere in the Flood Fringe area for purposes other than elevating a structure (Modified from current ordinance which allows the minimum amount of fill for a listed permitted use) Staff proposed these uses as conditional uses rather than permitted uses to prevent any reduction in the flood storage capacity. Optional Flood Fringe conditional uses not included in the ordinance: Structures not elevated on fill or floodproofed; storage of materials or equipment below the regulatory flood protection elevation; and the use of alternative methods to elevate structures above the regulatory flood protection elevation such as stilts, pilings, and parallel walls. (None of these are in the current ordinance.) Page 3 User-friendly changes Staff took the opportunity to revise the model ordinance to improve its function. For example, the previous ordinance identified a requirement for a “use” permit, which is not a defined permit and there are no defined processes for that “use” permit. The new draft defines this permit as an administrative permit, which has a defined procedure and standards. (p. 20) The new draft includes new definitions for terms including base flood elevation and 100-year floodplain that have been used in the ordinance and on the maps, but never defined. Also included are definitions to clarify when procedures and regulations should be implemented, such as start of construction, development, and new construction. (pp. 1-4) In addition, many of the regulations have been relocated. For example, the process for determining whether a general floodplain area is Floodway or Flood Fringe is proposed within the General Floodplain district standards rather than in the Administration section. Similarly, standards for subdivisions are now located entirely in the subdivision ordinance where the current regulations are split with some standards in the zoning ordinance and some in the subdivision regulations. Regulations for projects that apply to all districts or would cross through both Flood Fringe and Floodway districts, i.e. roads, bridges and railroad tracks are no longer in the administrative section. They are located in the front of the ordinance under Establishment of Zoning Districts. (p. 8-9) Next Steps in the Approval Process Conditional Approval of Draft Ordinance by the DNR: Received on September 30, 2016 Public Hearing at the Planning Commission: October 19, 2016 Public Meeting at the City Council: October 25, 2016 Submission to the DNR: Before November 4, 2016 c. BUDGET IMPACT: Not applicable. d. ATTACHMENTS: July 22, 2016 Letter from FEMA Brochure “Adoption of Flood Insurance Rate Maps by Participating Communities” Comparison of Proposed and Current Floodplain Regulations (strikeout/underline format) Draft Subdivision Regulations (in ordinance format) Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Language underlined is added Language stricken is removed. COMPARISON DRAFT OF THE FLOODPLAIN REGULATIONS SECTION 1. Amendment. Section 21005.02 of the Plymouth City Code (RULES AND DEFINITIONS— DEFINITIONS) is amended by modifying and adding to the flood related definitions as follows: Flood Related: (a) Base Flood Elevation: The elevation of the “regional flood.” The term “base flood elevation” is used in the flood insurance survey. (b) 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, day care facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities. (c) 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. (d) 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. (e) Flood: A temporary increase in the flow or stage of a stream or the stage of a wetland or lake that results in the inundation of normally dry areas. (f) Flood Frequency: The frequency for which a specific flood stage or discharge may be equaled or exceeded. The average frequency, statistically determined, for which it is expected that a specific flood stage or discharge may be equaled or exceeded. (g) Flood Fringe: The portion of the Special Flood Hazard Area (1 percent annual chance flood) located outside of the floodway. Flood fringe is synonymous with the term floodway fringe used in the Flood Insurance Study for Hennepin County, Minnesota. That portion of the floodplain outside of the floodway. Flood fringe is synonymous with the term “floodway fringe” used in the Flood Insurance Study. (h) Flood Insurance Rate Map (FIRM): The official map on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). (i) Flood Prone Area: Any land within the 100-year floodplain susceptible to being inundated by water from any source (see Flood). 1 Page 14 (j) Floodplain: The beds proper and the areas adjoining a wetland, lake or watercourse that have been or hereafter may be covered by the regional flood. (k) 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. (l) Floodway: The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain that are reasonably required to carry or store the regional flood discharge. (m) 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 provided that such enclosure is not built so as to render the structure in violation of the applicable non- elevation design requirement of 44 Code of Federal Regulations, Part 60.3. (n) New Construction: Structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of this ordinance. (o) Obstruction: Any dam, well, 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 that may impede, retard, or change the direction of the flow of water, either by itself or by catching or collecting debris carried by such water. (p) 100-Year Floodplain: Lands inundated by the regional flood. (q) Reach: A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or manmade obstruction. Typically, a reach is the segment of a stream or river between 2 consecutive bridge crossings. In an urban area, the segment of a stream or river between two (2) consecutive bridge crossings would most typically constitute a reach. (r) Regional Flood: A flood which that is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 1 percent chance or 100-year recurrence interval. Regional flood is synonymous with the term “base flood” used in the flood insurance study. (s) Regulatory Flood Protection Elevation: The elevation to which uses regulated by this Chapter are required to be elevated or floodproofed. The regulatory flood protection elevation shall be an elevation not less than one 2 feet 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. For property located in the Bassett Creek Watershed Management Organization, the regulatory flood protection elevation shall be an elevation not less than two (2) feet 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. (t) Special Flood Hazard Area: A term used for flood insurance purposes that is synonymous with the 100-year floodplain. 2 Page 15 (u) Start of Construction: A term for the actual start of construction, repair, reconstruction, substantial improvement, rehabilitation, addition, placement or other improvement that occurred before the permit’s expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. (v) Substantial Damage: Damage of any origin sustained by a structure where the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. (w) 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 fifty (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. This term does not include the following: 1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety codes identified by the Zoning Administrator and which are the minimum necessary to assure safe living conditions, and 2) any alteration of an “historic structure” provided that the alteration will not preclude the structure’s continued designation as an “historic structure”. For purposes of this Chapter, historic structure shall be defined in Code of Federal Regulations, Part 59.1. SECTION 2. Amendment. Section 21005.02 of the Plymouth City Code (RULES AND DEFINITIONS— DEFINITIONS) is amended by modifying the following definitions: Manufactured Home (Mobile Home): A structure, transportable in 1 or more sections, which in the traveling mode is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein, except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily filed a certification required by the Secretary of the United States Department of Housing and Urban Development and complies with the standards established under this Section. In Floodway and Flood Fringe Overlay Districts, a manufactured home means a structure, transportable in 1 or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. Furthermore, in Floodway and Flood Fringe Overlay 3 Page 16 Districts for floodplain management purposes, the term manufactured home also includes parked trailers, travel trailers and other similar vehicles containing four hundred (400) square feet or less when measured at the largest horizontal projection, placed on a site for greater than one hundred eighty (180) consecutive days. Recreational Vehicle: A vehicle, machine, or device used primarily for recreation and leisure time activities and purposes, including recreational camping vehicles, classic cars, cars used for racing, motor boats, sailboats, row boats, canoes, snowmobiles, all-terrain vehicles, and the like, together with any trailer appurtenant thereto. For purposes of Floodplain Overlay Districts, a recreation vehicle is 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 Floodplain Overlay Districts, the term recreational vehicle is synonymous with the term “travel trailer/travel vehicle.” Structure: Anything which is built, constructed or erected; an edifice or building of any kind; or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character. Among other things, structures include but are not limited to buildings, gazebos, decks, retaining walls, walls, fences over six (6) feet in height, and swimming pools, but excluding patios and similar at-grade improvements. For purposes of floodplain overlay districts, the definition of structure also includes on-site utilities and recreational vehicles. SECTION 3. Amendment. Section 21660 of the Plymouth City Code (FLOODPLAIN OVERLAY DISTRICT) is hereby amended as follows: 21660.01 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. This section of the Plymouth Zoning Ordinance is responsive to the cited legislative mandate as administered by the Commissioner of the Minnesota Department of Natural Resources. Therefore, the City Council of Plymouth, Minnesota, does ordain as follows. 21660.02 PURPOSES: Subd. 1. Purposes. The purposes of this section are to promote the public health, safety, and general welfare, and to minimize flood losses through the establishment of Floodplain Overlay districts. Sound land use development can reduce damages, expenses, and inconveniences, and can assure that City lands are put to their most appropriate uses. The regulations contained within this section are intended to regulate developments in floodplain areas consistent with potential flood threats and City land needs, and to manage areas suitable for development of varying types as permitted in the underlying zoning district. Subd. 1. This ordinance regulates development in the flood hazard areas of the City of Plymouth. 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 4 Page 17 purpose of this ordinance to promote the public health, safety, and general welfare by minimizing these losses and disruptions. Subd. 2. Findings of Fact. (a) The flood hazard areas of Plymouth are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, interruption of transportation and communications, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (b) This section is based upon a reasonable method of analyzing flood hazards, consistent with the standards established by the Minnesota Department of Natural Resources. (c) This section is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59-78, as amended, so as to maintain the City’s eligibility in the National Flood Insurance Program. Subd. 2. 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. Subd. 3. This ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and storm water impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. 21660.03 GENERAL PROVISIONS: Subd. 1. Lands to Which This Section Applies. This section shall apply to all lands within the jurisdiction of the City of Plymouth located within the Floodway, Flood Fringe and General Floodplain District. The Flood Insurance Study consisting of Volume 1 and Volume 2, Hennepin County, Minnesota. All Jurisdictions, and the Flood Insurance Rate Map panels numbered 27053C0159 E, 27053C0167 E, 27053C0169 E, 27053C0178 E, 27053C0180 E, 27053C0183 E, 27053C0184 E, 27053C0190 E, 27053C0191 E, 27053C0192 E, 27053C0193 E, 27053C0194 E, 27053C0307 E, 27053C0326 E, 27053C3027 E (not printed), 27053C0331 E, and 27053C0332 E for the City of Plymouth, dated September 2, 2004, as developed by the Federal Emergency Management Agency, are hereby adopted by reference and declared to be a part of the Official Zoning Map and this Chapter. The above- described study and map panels are on file in the office of the Zoning Administrator. This section moved to Subd. 2. (b). below. Subd. 1. How to Use this Ordinance. This ordinance adopts the floodplain maps applicable to the City of Plymouth and includes 3 floodplain districts: Floodway, Flood Fringe, and General Floodplain. 5 Page 18 (a) Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in Sections 21660.05 or 21660.06 will apply, depending on the location of a property. (b) 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 21660.05 apply unless the floodway boundary is determined, according to the process outlined in Section 21660.07, Subd. 2. Once the floodway boundary is determined, the Flood Fringe District standards in 21660.06 may apply outside the floodway. Subd. 2. Rules for Interpretation of District Boundaries. Moved to Subd. 3. (a) The boundaries of the Floodplain Overlay Districts shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, the City Council shall make the necessary interpretation based upon elevations of the regional (100-year) flood profile, the ground elevations that existed on the site at the time the City initially adopted its floodplain regulations, and other available technical data. Any person contesting the location of a District boundary shall be given a reasonable opportunity to present a case to the City Council and to submit relevant technical evidence. (b) Only that portion of a property with the boundaries of the Floodway District, Flood Fringe District, or General Floodplain District shall be subject to the provisions of this section. Subd. 2. Lands to Which Ordinance Applies. This ordinance applies to all lands within the jurisdiction of the City of Plymouth 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. (a) Overlay 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. (b) 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 Hennepin County, Minnesota, and Incorporated Areas, dated November 4, 2016 and the Flood Insurance Rate Map panels enumerated below, dated November 4, 2016, all prepared by the Federal Emergency Management Agency. These materials are on file in the office of the Zoning Administrator. Effective Flood Insurance Rate Map panels: 27053C0159F 27053C0167F 27053C0169F 27053C0178F 27053C0180F 27053C0183F 27053C0184F 27053C0190F 27053C0191F 27053C0192F 27053C0193F 27053C0194F 27053C0307F 27053C0326F 27053C0327F 27053C0331F 27053C0332F 6 Page 19 Subd. 3. Warning and Waiver 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 Plymouth or any officers or employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. This section moved to (c) below. Subd. 3. Rules and Interpretation. (a) 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 shall interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data. (2) Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the City Council and to submit technical evidence. (b) Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. 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. New section (c) 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 Plymouth or its officers or employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. Similar language, new location (d) Annexations. The Flood Insurance Rate Map panels adopted by reference into Section 21660.03, Subd. 2. may include floodplain areas that lie outside of the corporate boundaries of the City of Plymouth at the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the City of Plymouth 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. New section 21660.04 ESTABLISHMENT OF ZONING DISTRICTS: The floodplain areas within the jurisdiction of this section are hereby divided into three Districts: Floodway District (FW), Flood Fringe District (FF), and General Floodplain District (GFP). Uses not allowed as permitted uses, conditional uses, interim uses, or as uses allowed by administrative permit shall be prohibited within these overlay districts. Subd. 1. Districts. (a) Floodway District. The Floodway District includes those areas within Zone AE that have a floodway delineated as shown on the Flood Insurance Rate Map adopted in Section 21660.03. For lakes, wetlands and other basins within Zone AE that do not have a floodway delineated, the 7 Page 20 Floodway District also includes those areas that are at or below the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, Subd. 14. (b) Flood Fringe District. The Flood Fringe District includes areas within Zone AE that have a floodway delineated on the Flood Insurance Rate Map adopted in Section 21660.03, but are located outside of the floodway. For lakes, wetlands and other basins within Zone AE that do not have a floodway delineated, the Flood Fringe District also includes those areas below the 1 percent annual chance (100-year) flood elevation but above the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, Subd. 14. (c) General Floodplain District. The General Floodplain District includes those areas within Zones A or AE that do not have a delineated floodway as shown on the Flood Insurance Rate Map adopted in Section 21660.03. Subd. 2. Applicability. Within the floodplain districts established in this ordinance, the use, size, type and location of development shall comply with the terms of this ordinance and other applicable regulations. In no cases shall floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. Subd. 3. Flood Prone Areas. (a) Building Sites. If a proposed building site is in a flood prone area, all new construction and substantial improvements shall be designed (or modified) to: (1) Minimize flood damage within the flood prone area. (2) Locate and construct all utilities and facilities, such as sewer, gas, electrical, and water systems, to minimize or eliminate flood damage. (3) Provide adequate drainage to reduce exposure to flood hazard. (4) Anchor any structure to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. (5) Incorporate materials and utility equipment resistant to flood damage. (6) Use methods and practices that minimize flood damage. (7) Incorporate 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. Subd. 3. Prohibited Uses. All uses not listed as permitted uses or conditional uses in Sections 21660.05, 21660.06 and 21660.07 are prohibited. In addition, the following uses are prohibited in all floodplain districts: (a) Critical facilities. New use in proposed ordinance (b) Manufactured homes and manufactured home parks. Moved from administration section (c) Recreational vehicle parks and campgrounds. Moved from administration section (d) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life. Moved from administration section Subd. 4. Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain shall be floodproofed in accordance with the State 8 Page 21 Building Code or elevated to the regulatory flood protection elevation. Moved from administration section Subd. 5. Public Transportation Facilities. Railroad tracks, roads, and bridges shall 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. Moved from administration section Subd. 6. On-site Water Supply and Sewage Treatment Systems. Where public utilities are not provided: Moved from administration section (a) On-site water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and are subject to the provisions in Minnesota Rules Chapter 4725.4350, as amended; and (b) New or replacement on-site sewage treatment systems shall be designed, as follows: (1) To minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. (2) To prevent impairment or contamination during times of flooding. (3) To be consistent with the provisions in Minnesota Rules Chapter 7080.2270, as amended. Subd. 1. 21660.05 FLOODWAY DISTRICT (FW) The Floodway District shall include those areas designated as floodway on the Flood Insurance Rate Map adopted by Section 21660.02, Subd. 1 of this section Subd. 1. Permitted Uses. The following uses have a low flood damage potential and do not obstruct flood flows. These uses shall be permitted within the Floodway District to the extent that they are not prohibited by any other ordinance and provided they do not require structures, fill, obstructions, or storage of materials or equipment. In addition, no use shall increase flood elevations or adversely affect the capacity of the channels or floodways or any tributary to the main stream or of any drainage ditch, or any other drainage facility or system. (a) The following uses are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district, subject to the standards set forth in Section 21660.05, Subd. 1. (b): (1) Agricultural uses such as General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. (2) Industrial-commercial loading areas and parking areas, and airport landing strips. (3) Private and public recreational uses such as 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, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational hiking and horseback riding trails. 9 Page 22 (4) Residential uses such as lawns, gardens, parking areas, docks, and play areas. (5) Railroads, roads, bridges, utility transmission lines and pipelines, provided that the Department of Natural Resources Area Hydrologist is notified at least 10 days prior to issuance of any permit. (b) Standards for Floodway Permitted Uses. The current ordinance includes a section of standards applicable for all flood fringe uses regardless of permitted or conditional status. (1) The use shall have a low flood damage potential. (2) The use shall not obstruct flood flows or cause any increase in flood elevations and shall not involve structures, obstructions, or storage of materials or equipment. (3) Any facility that will be used by employees or the general public shall 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 4 upon occurrence of the regional (1 percent chance) flood. Subd. 2. Conditional Uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as conditional uses which, alone or in combination with existing or reasonable anticipated future uses, adversely affects the capacity of the floodway or increases flood heights except as allowed in this section. The following open space uses may require accessory structures (temporary or permanent), or fill or storage of materials or equipment. These uses may be allowed in the Floodway District only upon the issuance of a conditional use permit as provided in Section 21660.05 of this section. These uses are also subject to the provisions of Section 21660.04, Subd. 1.c. which applies to all floodway conditional uses. (a) The following uses may be allowed as conditional uses following the standards and procedures set forth in Section 21660.08, Subd. 4 and further subject to the standards set forth in Section 21660.05, Subd. 2. (b), if otherwise allowed in the underlying zoning district or any applicable overlay district. (1) Structures accessory to open space to the uses listed in Section 21660.05, Subd 1. and those uses listed below. (2) Placement of fill.Temporary Eextraction and storage of sand, gravel, and other materials provided a long term site development plan is submitted which includes an erosion control and sedimentation prevention element. (3) Extraction of sand, gravel, and other materials, provided a long term site development plan is submitted which includes an erosion control and sedimentation prevention plan. Marinas, boat rentals, docks, piers, wharves, and water control structures. (4) Marinas, boat rentals, docks, piers, wharves, and water control structures.Storage yards for equipment, machinery, or materials. 10 Page 23 (5) Railroads, streets, bridges, utility transmission lines, and pipelines. Placement of fill or installation of fences that obstruct flood flows. (6) Storage yards for equipment, machinery, or materials. (7) Other uses similar in nature to uses described in Section 21660.04, Subd. 1.b. which are consistent with the provisions set out in Section 21660.01 and 21660.04, Subd. 1 of this section. (8) Structural works for flood control such as dams, levees, dikes, and flood walls intended to protect crops for flood events equal to or less than the 10-year frequency flood event. (c)(b) Standards for Floodway Conditional Uses. All floodway uses shall be subject to applicable standards of this Chapter for the underlying district and floodway conditional uses shall be subject to the standards contained in Section 21660.05 of this section and to the following standards: (1) All Uses. A conditional use shall not cause any increase in the stage of the 1 percent chance or regional flood or cause an increase in flood damages in the reach or reaches affected. (21) Fill and Storage of Materials and Equipment. a. Fill, dredge spoil, and other similar materials temporarily deposited or stored in the floodplain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. The placement shall not increase the stage of the 1 percent chance or regional flood. a. Any fill deposited in the floodway shall be no more than the minimal amount necessary to conduct a Conditional Use listed in Section 21660.04, Subd. 1.b. of this section. Generally, fill shall be limited to that needed to grade or landscape for that use and shall not in any way further obstruct the flow of flood waters. b. Soil from dredging or sand and gravel operations shall not be deposited in the floodway unless it can be done in accordance with Section 21660.04, Subd. 1.c.1.a. of this section. c. Fill shall be protected from erosion by vegetative cover or other acceptable method. (32) Accessory Structures (temporary or permanent) allowed as conditional uses by Section 21660.04, subd. 1.b.1 of this section. as identified in Section 21660.05, Subd. 2 (a) (1), may be permitted, provided that: a. The structure(s) are not intended shall not be designed for human habitation; b. The structures shall have a low flood damage potential; c. The structures, if permitted, shall be constructed and placed on the building site so as to offer a minimal obstruction to the flow of flood waters; d. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of the flood flow. Service utilities, such as, but not limited to, electrical and heating equipment, within these structures shall be 11 Page 24 elevated to or above the regulatory flood protection elevation or properly floodproofed; e. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. f e. Accessory sStructures shall be that are not elevated on fill above the regulatory flood protection elevation shall be or structurally dry floodproofed to in accordance with the FP-1 or FP-2 floodproofed classification in accordance with the Minnesota State Building Code. All floodproofed structures shall be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls. f. As an alternative, an accessory structure may be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided the accessory structure constitutes a minimal investment and does not exceed 576 square feet in size. Designs for meeting this requirement shall either be certified by a registered professional engineer or meet or exceed the following criteria: i. To allow for the equalization of hydrostatic pressure, there shall be a minimum of 2 “automatic” openings in the outside walls of the structure, with a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding. ii. There shall be openings on at least 2 sides of the structure and the bottom of all openings shall be no higher than 1 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. (3) Storage of Materials and Equipment. The storage of equipment or the storage and processing of materials are prohibited, with the exception that the City Council may, by a conditional use permit, allow temporary storage and processing equipment and materials that are readily removable after a flood warning and that are not, in time of flooding, buoyant, flammable, explosive, or injurious to human, animal, or plant life when such equipment and materials are necessary for the maintenance of the floodplain. (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. (5) A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 1 percent chance or regional flood. The technical analysis shall assume equal conveyance or storage loss on both sides of a stream. (6) Floodway developments shall not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. 12 Page 25 Subd. 2. 21660.06 FLOOD FRINGE DISTRICT (FF) The Flood Fringe District shall include those areas designated as floodway fringe. The Flood Fringe District shall include those areas shown on the Flood Insurance Rate Map, as adopted by Section 21660.03, Subd. 1 of this section, as being within Zone AE, Zone AO, or Zone AH but being located outside of the floodway. (a)Subd. 1. Permitted Uses. The following uses shall be permitted uses within the Flood Fringe District to the extent that they are not prohibited by any other ordinance: (a) Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in Section 21660.06, Subd. 1. (b) and have received an administrative permit subject to Sections 21025 and 21660.08, Subd. 2. (1) Any use permitted in Section 21660.04, Subd. 1.a of this section. 2) Accessory structures provided they comply with the standards of the underlying zoning of Section 21660.04, Subd. 1.c. of this section. (3) Residential uses allowed by the underlying zoning district and constructed on fill so that the lowest floor is at or above the regulatory flood protection elevation. (4) No use shall be permitted which will adversely affect the capacity of channels or floodways of any tributary to the main stream, or of any drainage ditch, or any drainage facility or system. (b) Conditional Uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as conditional uses which, alone or in combination with existing or reasonable anticipated future uses, adversely affects the capacity of the flood fringe or increases flood heights except as allowed in this section. (c) Other Uses. Other uses, as allowed in the underlying zoning district shall be allowed in the Flood Fringe only upon the issuance of a conditional use permit as provided by this section. These uses are subject to the provisions of Section 21660.04, Subd. 2.d. of this section: (1) Open space accessory uses as set forth in Section 21660.04, Subd. 1.b.1 through 21660.04, Subd. 1.b.6 of this section and other uses similar in nature which are consistent with the provisions set forth in Section 21660.01 and 21660.04, Subd. 2. of this section. (2) Residential uses allowed by the underlying zoning district where existing streets, utilities, and small lot sizes preclude the use of fill. (3) Commercial, manufacturing, and industrial uses allowed in the underlying zoning district and constructed on fill so that the lowest floor is at or above the regulatory flood protection elevation. (b) Standards for Flood Fringe Permitted Uses. The current ordinance includes standards applicable for all flood fringe uses regardless of permitted or conditional status. (1) All structures, including accessory structures, shall 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 shall be no lower than 1 foot below the regulatory 13 Page 26 flood protection elevation and the fill shall extend at the same elevation at least 15 feet beyond the outside limits of the structure. (2) Storage of Recreational Vehicles. Where allowed by the underlying zoning district, storage of recreational vehicles is permitted, provided that the vehicles meet one of the following criteria: a. The vehicle is elevated at or above the base flood elevation and securely anchored to an adequately anchored foundation system to resist floatation, collapse and lateral movement. b. The vehicle is stored on the site less than 180 consecutive days. c. The vehicle is fully licensed and highway ready. (3) Accessory Structures. As an alternative to the fill requirements above, structures accessory to uses identified in Section 21660.06, Subd. 1. (a) may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided that: a. The accessory structure constitutes a minimal investment, does not exceed 576 square feet in size (except as may be further restricted by Section 21665) and is only used for parking and storage. b. All portions of floodproofed accessory structures below the regulatory flood protection elevation shall be constructed as follows: i. They shall be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls. ii. They shall be constructed with materials resistant to flood damage. iii. Any service utilities shall be water-tight or elevated to above the regulatory flood protection elevation. c. Designs for meeting this requirement shall either be certified by a registered professional engineer or meet or exceed the following criteria: i. To allow for the equalization of hydrostatic pressure, there shall be a minimum of 2 “automatic” openings in the outside walls of the structure, with a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding. ii. There shall be openings on at least 2 sides of the structure and the bottom of all openings shall be no higher than 1 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) The cumulative placement of fill or similar material within the flood fringe shall not exceed the amount needed to elevate the structure(s) and as required to comply with 14 Page 27 the standards for flood fringe permitted uses (Section 21660.06, Subd. 2. (b)), except that fill for exterior storage of materials and equipment shall be regulated as a conditional use. (5) All service utilities, including ductwork, shall be elevated or water-tight to prevent infiltration of floodwaters. (6) All fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. (7) All new principal structures shall have vehicular access at or above an elevation not more than 2 feet below the regulatory flood protection elevation. (8) Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. Any facilities used by employees or the general public shall 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 4 upon occurrence of the regional (1 percent chance) flood. (9) Interference with normal manufacturing/industrial plant operations shall be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration shall be given to the needs of industries with operations that require a floodplain location. (b) Subd. 2. Conditional Uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as conditional uses which, alone or in combination with existing or reasonable anticipated future uses, adversely affects the capacity of the flood fringe or increases flood heights except as allowed in this section. (a) 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 21660.08, Subd. 4. (1) Storage of materials or equipment and any related placement of fill necessary to raise the storage area above the regulatory flood protection elevation. (2) The placement of more than 50 cubic yards of fill consistent with Sections 21185 and 21665.09 for purposes other than storage of materials or equipment or to raise structures above the regulatory flood protection elevation. This is an optional conditional use. (b) Standards for Flood Fringe Conditional Uses. The following standards shall apply to all conditional uses. (1) Storage of materials and equipment shall be at or above the regulatory flood protection elevation. (2) All service utilities, including ductwork, shall be elevated or water-tight to prevent infiltration of floodwaters. (3) All fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. 15 Page 28 (4) All new principal structures shall have vehicular access at or above an elevation not more than 2 feet below the regulatory flood protection elevation. (5) Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. Any facilities used by employees or the general public shall 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 4 upon occurrence of the regional (1 percent chance) flood. (6) Interference with normal manufacturing/industrial plant operations shall be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration shall be given to the needs of industries with operations that require a floodplain location. (7) Basements 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 classifications in the State Building Code. Structurally dry floodproofing shall meet the FP1 or FP2 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. (8) The placement of fill on a parcel (other than for the purpose of elevating a structure) shall comply with an approved erosion/sedimentation control plan consistent with the requirements of Section 21045.07. These standards only need to be included if fill is allowed as a conditional use. a. The plan shall clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1 percent chance) flood event. b. The plan shall 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. (c) Other Uses. Other uses, as allowed in the underlying zoning district shall be allowed in the Flood Fringe only upon the issuance of a conditional use permit as provided by this section. These uses are subject to the provisions of Section 21660.04, Subd. 2.d. of this section: (1) Open space accessory uses as set forth in Section 21660.04, Subd. 1.b.1 through 21660.04, Subd. 1.b.6 of this section and other uses similar in nature which are consistent with the provisions set forth in Section 21660.01 and 21660.04, Subd. 2. of this section. 16 Page 29 (2) Residential uses allowed by the underlying zoning district where existing streets, utilities, and small lot sizes preclude the use of fill. (3) Commercial, manufacturing, and industrial uses allowed in the underlying zoning district and constructed on fill so that the lowest floor is at or above the regulatory flood protection elevation. (d) Standards for All Flood Fringe Uses. (1) Residential Uses. a. All residential uses shall have vehicular access at or above an elevation not more than two (2) feet below the regulatory flood protection elevation. b. Other methods of elevating the first floor (including basements) above the regulatory flood protection elevation may be authorized, provided that the residence is dry flood proofed in accordance with the Minnesota State Building Code. c. The finished fill elevation shall be no lower than one (1) foot below the regulatory flood protection elevation and shall extend at such elevation at least fifteen (15) feet beyond the limits of any structure or building erected thereon. Fill shall be compacted and the slopes shall be protected by rip-rap or vegetative covering. d. No use shall be allowed which will adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse, or of any drainage system, where a floodway or other encroachment limit has not been specified on the official Zoning Map. e. All manufactured homes shall be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Anchoring methods include, but are not limited to, over-the-top or frame ties to ground anchors as well as applicable Minnesota State Building Code requirements for resisting wind forces. (2) Commercial, Manufacturing, and Industrial Uses. a. Accessory uses allowed by the underlying zoning district, yards, railroad tracks, and parking lots may be allowed at elevations lower than the regulatory flood protection elevation upon demonstration that there is a flood warning system that will provides adequate time for evacuation if the area were inundated to a depth and velocity such that when multiplying the depth (in feet) times velocity (in feet per second) the product number exceeds four (4) upon the occurrence of the regional flood. b. Effective design measures shall be taken to minimize interference with normal plant operations where there are streams having protracted flood durations. c. Structures that are not elevated above regulatory flood protection elevations shall be dry flood proofed to FP-1 or FP-2 classification as provided by the Minnesota State Building Code. 17 Page 30 d. Structures with a flood proof design found to be FP-3 or FP-4 classification are prohibited. e. No use shall be allowed which will adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the official zoning map. (3) Fill. a. Any fill deposited in the flood fringe shall be no more than the minimal amount necessary to conduct an allowable use listed in Section 21660.04, Subd. 2. of this section. Generally, fill shall be limited to that needed to grade or landscape for the use and shall not in any way further obstruct the flow of flood waters. b. Soil from dredging or sand and gravel operations shall not be deposited in the flood fringe unless it can be done in accordance with Section 21660.04, Subd. 2.d.3.a of this section. c. Fill shall be protected from erosion by vegetative cover. d. Fill shall be properly compacted and the slopes shall be properly protected by use of rip-rap, vegetative cover, or other acceptable method. Applicable standards of the Federal Emergency Management Agency (FEMA) shall be met when any fill section requires a Letter of Map Revision (LOMR). (4) Storage of Materials and Equipment. The storage of equipment or the storage and processing of materials are prohibited; provided, the City Council may authorize issuance of a conditional use permit for temporary storage and processing of equipment and materials that are readily removable after a flood warning and that are not, in time of flooding, buoyant, flammable, explosive, or injurious to human, animal or plant life when such equipment and materials are necessary for the maintenance of the flood fringe. (5) Structural Work for Flood Control. Any proposed work in the beds of public waters shall be subject to the provisions of Minnesota Statutes and Rules. Subd. 3 21660.07 GENERAL FLOODPLAIN DISTRICT (GFP) The General Floodplain District shall include those areas without a floodway designated as Zones A, AE, AO, or AH by the Flood Insurance Rate Map adopted by Section 21660.03, Subd. 1 of this section. Subd. 1. Permitted Uses. (a) Permitted uses shall include those uses allowed by Section 21660.04, Subd. 1.b of this section subject to the applicable standards for those uses. The uses listed in Section 21660.05, Subd. 1. (b) Conditional Uses. All other uses are conditional uses and are allowed only upon the issuance of a conditional use permit as provided in this section. The General Floodplain District includes both floodway and flood fringe areas. Based on procedures in Section 21660.05, Subd. 3. of this section, the City Council shall determine whether the proposed use is in the floodway or 18 Page 31 flood fringe. If it is determined that the use lies in the floodway, the provisions of Section 21660.04, Subd. 1. of this section shall apply. If it is determined the proposed use lies in the flood fringe, the provisions of Section 21660.04, Subd. 2 of this section shall apply. (b) All other uses are subject to the floodway/flood fringe evaluation criteria specified in 21660.07, Subd. 2. Section 21660.05 applies if the proposed use is determined to be in the Floodway District. Section 21660.06 applies if the proposed use is determined to be in the Flood Fringe District. Subd. 2. Procedures for Floodway and Flood Fringe Determinations. These procedures were previously included in the administration section and the procedures have been modified. (a) Upon receipt of an application for a permit or other approval within the General Floodplain District, the Zoning Administrator shall obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state, or other source. (b) If regional flood elevation and floodway data are not readily available, the applicant shall 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 shall be consistent with accepted hydrological and hydraulic engineering standards and the standards in 21660.07, Subd. 2. (c). (c) The determination of floodway and flood fringe shall include the following components, as applicable: (1) Estimate the peak discharge of the regional (1 percent chance) flood. (2) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. (3) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage increase than 0.5 foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries. (d) 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 shall 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. (e) Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Administrator shall process the permit or other application consistent with the applicable provisions of Section 21660.05 or 21660.06. 21660.05.21660.08 ADMINISTRATION Subd. 1. The Zoning Administrator shall administer and enforce this ordinance. 19 Page 32 Subd. 1 2. Administrative Use Permit. The current ordinance requires a “use” permit which is an undefined term/process. The new model ordinance requires an undefined “permit” and staff revised the language to call this an administrative permit, which is the closest similar process in the zoning ordinance (a) Use Permit Required. A use permit certifying compliance with the provisions of this section shall be secured from the Zoning Administrator prior to the issuance of any permits for the erection, addition, modification, rehabilitation (included normal maintenance and repair), or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the construction of a dam, fence, or on-site septic system; prior to the change or extension of a non-conforming use; prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain. Language revised as shown below. (a) An administrative permit shall be obtained from the Zoning Administrator prior to conducting the following activities: (1) The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof located within any Floodplain District. Normal maintenance and repair also require a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this ordinance. (2) Changes in the use of buildings, structures or land. (3) The construction of a dam or fence that blocks flood flows (ie, privacy, chain-link, etc.), or on-site septic system (prior to, or in tandem with, any permits which may be required by Hennepin County). (4) The change or extension of a nonconforming use as may be allowed by Sections 21100 and 21660.09. (5) The repair of a structure that has been damaged by flood, fire, tornado, or any other source. (6) The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain. (7) Any other type of development as defined in this Section not otherwise considered a conditional use. (b) Application for Use Permit. Application for a use permit shall be made in the manner prescribed by the Zoning Administrator on forms furnished by the City and shall include the following where applicable: plans prepared by an architect or engineer registered in Minnesota, drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the channel. (b) Administrative Permit Applications. In addition to the requirements of Section 21025, applications for administrative permits shall include the following materials as applicable: (1) A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the application. (2) Location of fill or storage of materials in relation to a stream channel. 20 Page 33 (3) Copies of any required municipal, county, state or federal permits or approvals. (4) Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application. (c) Construction and Use to be as Provided in Application, Plans and Permits. All permits issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed in violation of this section. The applicant shall be required to submit certification by a registered professional engineer, registered architect or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this section. Flood proofing measures shall be certified by a registered professional engineer or registered architect. (d) State and Federal Permits. Prior to granting a use permit or issuing a permit for development, and prior to processing an application for a conditional use permit or variance in the floodplain overlay districts, the Zoning Administrator shall determine that the applicant has obtained all necessary state and federal permits. (c) 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. (d) 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. Floodproofing measures shall be certified by a registered professional engineer or registered architect. (e) Record of First Floor Elevation. The Zoning Administrator shall maintain a record of the elevation of the first lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain districts. The Zoning Administrator shall also maintain a record of the elevations to which structures and alterations or additions to structures are floodproofed. (f) Subdivisions. No land within a floodplain overlay district shall be subdivided which is held unsuitable by the City Council for reason of flooding, inadequate drainage, or inadequate water supply or sewage treatment facilities. All lots within the floodplain districts shall contain a building site at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage disposal facilities that comply with the provisions of this section and have road access no lower than two feet below the regulatory flood protection elevation. In the General Floodplain District, applicants seeking subdivision approval shall provide information required in Section 21660.05, Subd. 3., and the City Subdivision Code. The proposed subdivision shall be evaluated in accordance with the procedures therein. The regulatory flood protection elevation and the required elevation of all access roads shall be clearly indicated on all plans and documents. Federal Emergency Management Agency standards shall be met by any proposed subdivision involving fill and where a Letter of Map Revision (LOMR) is contemplated. All language referring to subdivisions moved to the subdivision ordinance. 21 Page 34 (g) Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain shall be flood proofed in accordance with the Minnesota State Building Code or elevated to above the regulatory flood protection elevation. Moved to Section 21660.04 (h) Railroads, Roads, and Bridges. Railroad tracks, roads, and bridges to be located within the floodway shall comply with this Chapter. In all floodplain districts, elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor auxiliary roads and railroads may be constructed at a lower elevation where failure or interruption of service would not endanger the public health or safety. Moved to Section 21660.04 (i) Water Supply and Waste Disposal Systems. Within all floodplain districts: Moved to Section 21660.04 (1) All new or replacement water supply systems must be designed to minimize or eliminate infiltration of flood waters into the system. (2) All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters from the systems and discharges from the systems into flood waters. (3) All on-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (j) Manufactured Homes. Manufactured homes as defined by this Chapter shall be prohibited as a permitted, accessory or conditional use in any of the floodplain overlay districts except where expressly allowed in underlying zoning districts and regulated by this section. Moved to Section 21660.04 (k f) Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator shall notify in riverine situations, adjacent communities and the Commissioner of the Department of Natural Resources prior to the City authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minnesota Statutes, Section Chapter 103G.245, this shall will suffice as adequate notice to the Commissioner of Natural Resources. A copy of said the notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). (l g) Notification to FEMA When Physical Changes Increase or Decrease the 100-year Base Flood Elevations. As soon as is practicable, but not later than six(6) months after the date such supporting information becomes available, the Zoning Administrator shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data. Subd. 23. Board of Adjustment Variances. (a) The Board shall be constituted and shall consider applications as provided in Section 21035 of this Chapter and in this paragraph. Variance Applications. An application for a variance to the 22 Page 35 provisions of this section will be processed and reviewed in accordance with applicable state statutes, Section 21030, and as indicated below. (b) Variances. Adherence to State Floodplain Management Standards. No A variance from the terms of this section shall have the effect of shall not be approved to allowing in any district the following: (1) uses prohibitedA use that is not allowed in that the underlying district,. (2) permit a A lower degree of flood protection than the regulatory flood protection elevation for the particular area, or. (3) permit Any standards lower than those required by state law. (c) Additional Variance Criteria. The following additional Federal Emergency Management Agency (FEMA) variance criteria shall be satisfied: a.(1) The Board shall state in writing the specific findings made consistent with the criteria specified in Section 21030 of this Chapter, and with the Federal Emergency Management Agency: Variances shall may not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. b.(2) Variances shall may only be issued upon: (i) A showing of good and sufficient cause. (ii) A determination that failure to grant the variance would result in exceptional hardship to the applicant. (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.(3) Variances shall may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (2) (d) The Zoning Administrator shall notify all persons applying for a variance that a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance coverage, and construction below the 100-year or regional flood level increases risks to life and property according to state and federal findings.Flood Insurance Notice. The Zoning Administrator shall notify the applicant for a variance that: (1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage. (2) Such construction below the base or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. (e) General Considerations. New standards for variances. Previously only applied to CUPs. The City Council shall consider the following factors in granting and imposing conditions on variances to floodplain requirements: 23 Page 36 (1) The potential danger to life and property due to increased flood heights or velocities caused by encroachments; (2) The danger that materials may be swept onto other lands or downstream to the injury of others; (3) 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; (4) The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner; (5) The importance of the services to be provided by the proposed use to the community; (6) The requirements of the facility for a waterfront location; (7) The availability of viable alternative locations for the proposed use that are not subject to flooding; (8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; (9) The relationship of the proposed use to the land use plan and floodplain management program for the area; (10) The safety of access to the property in times of flood for ordinary and emergency vehicles; (11) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. (c f) Notice of Hearings and Decisions. The Zoning Administrator shall submit to the Commissioner of Natural Resources a copy of the application for the proposed variances from this Section sufficiently in advance so that the Commissioner of Natural Resources will receive the application at least ten (10) days notice of the hearing. A copy of all decisions granting variances from this section shall be forwarded to the Commissioner of Natural Resources within ten (10) days of such action. Stated more specifically as follows and in (g). Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Administrator shall submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least a 10 day notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. (g) Submittal of Final Decisions to the DNR. A copy of all decisions granting variances shall be forwarded to the DNR within 10 days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. (d h) Flood Insurance Notice and Record Keeping. The Zoning Administrator shall notify applicants that 1) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance, and 2) that construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all such variance actions. The Zoning Administrator shall maintain a record of all variance actions, including justification for their issuance, and shall report such variances in an 24 Page 37 annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency (FEMA). This reporting is a new requirement. Subd. 3. Procedures for Determination of Floodway and Flood Fringe Within the General Floodplain District. This section was revised and moved to Section 21660.07 and revised as directed by FEMA. (a) The application for any use permit for a use within the General Floodplain District shall include such of the following information as is deemed necessary by the Zoning Administrator for the determination of the regulatory flood protection elevation and whether the proposed use is in the floodway or the flood fringe district. (1) A typical valley cross section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. (2) Plan (surface view) showing elevations or contours of the ground; pertinent structures, fill, or storage elevations, size, location; and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets; photographs showing existing land uses and vegetation upstream and downstream; and soil type. (3) Profile showing the slope of the bottom of the channel or flow line of the stream for at least five hundred (500) feet in either direction from the proposed development. (b) One (1) copy of the above information shall be transmitted to an engineer or other expert person or agency designated by the City for technical assistance in determining whether the proposed use is in the floodway or flood fringe and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000-6120.6200 and 44 Code of Federal Regulations Part 65 shall be followed in this expert evaluation. The designated engineer or expert shall: (1) Estimate the peak discharge of the regional flood. (2) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. (3) Compute the floodway necessary to convey the regional flood without increasing flood stages more than six (6) inches. An equal degree of encroachment on both sides of the stream within the reach shall be assumed. (c) Based upon the technical evaluation of the designated engineer or expert, the City Council shall determine whether the proposed use is in the floodway or flood fringe and the regulatory flood protection elevation at the site. The City Council may, prior to making a final determination, submit the application and all supporting data and analyses to other agencies such as the Federal Emergency Management Agency, the Department of Natural Resources, and the Planning Commission for review and comment. Subd. 4. Procedures to be followed for conditional use permit Applications Within All Floodplain Districts. Conditional Uses. 25 Page 38 (a) Applications. An application for a conditional use permit under the provisions of this ordinance will be processed and reviewed in accordance with Section 21015 of the zoning ordinance and as indicated below. The application for a conditional use permit for a use within the General Floodplain District shall be made in the manner prescribed by this Chapter and by the Zoning Administrator on forms furnished by the City. The application shall include such of the following information and additional information as required by this Chapter and as deemed necessary by the Zoning Administrator for determining the suitability of the particular site for the proposed use: (1) Plans prepared by an architect or engineer registered in Minnesota, drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood proofing measures, and the relationship of the above to the location of the channel. (2) Specifications prepared by an architect or engineer registered in Minnesota for building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities. (b) Transmit one (1) copy of the application to an engineer or other expert person or agency designated by the City for technical assistance, where necessary in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. (c) The technical evaluation of the designated engineer or expert, shall be considered in the determination of the specific flood hazard at the site and in the evaluation of the suitability of the proposed use in relation to the flood. (d) Applications shall be considered at a public hearing which shall be noticed and conducted as prescribed by this Chapter. (e) The Zoning Administrator shall submit to the Commissioner of Natural Resources a copy of the application for the proposed conditional uses allowed by this section sufficiently in advance so that the Commissioner will receive the application at least ten (10) days notice prior to the hearing. A copy of all decisions granting conditional use permits shall be forwarded to the Commissioner of Natural Resources within ten (10) days of such action. Subd. 5. (b) Factors Upon Which the Decisions of the City Council Shall be Based Used in Decision-Making. In passing upon reviewing conditional use applications, the Planning Commission and City Council shall consider all relevant factors specified in other sections of this Chapter in Section 21015, the requirements of this Section, and the following: (1) (a) The potential danger to life and property due to increased flood heights or velocities caused by encroachments. (2) (b) The danger that materials may be swept onto other lands or downstream to the injury of others or may block bridges, culverts, or other hydraulic structures. (3) (c) The proposed water supply and sanitation systems, if any, and the ability of these systems to prevent minimize the potential for disease, contamination and unsanitary conditions. 26 Page 39 (4) (d) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (5) (e) The importance of the services provided by the proposed facility use to the community. (6) (f) The requirements of the facility for a waterfront location. (7) (g) The availability of alternative locations for the proposed use that are not subject to flooding for the proposed use. (8) (h) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (9) (i) The relationship of the proposed use to the Plymouth Comprehensive Plan and floodplain management program for the area. (10) (j) The safety of access to the property in times of flood for ordinary and emergency vehicles. (11) (k) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. (l) Such other factors which are relevant to the purposes of this Chapter. Subd. 6. (c) Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above, the information and recommendations developed during the review of the application, and the purposes of this section, the The City Council may attach such conditions to the granting of conditional use permits as it deems necessary to further fulfill the purposes of this Section. Among such conditions without limitation because of specific enumeration may be included: Such conditions may include, but are not limited to, the following: (a 1) Modification of waste treatment and water supply facilities. (b 2) Limitations on period of use, occupancy, and operation. (c 3) Imposition of operational controls, sureties, and deed restrictions. (d 4) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (e 5) Floodproofing measures, in accordance with the State Building Code and this Section. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. Flood proofing measures shall be designed consistent with the flood protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces and other factors associated with the regulatory flood. The City Council shall require that the applicant submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. The following flood proofing measures may be required without limitation because of specific enumeration: 27 Page 40 (1) Anchorage to resist flotation and lateral movement. (2) Installation of watertight doors, bulkheads, and shutters or similar methods of construction. (3) Reinforcement of walls to resist water pressures. (4) Use of paints, membranes or mortars to reduce seepage of water through walls. (5) Addition of mass or weight to structures to resist flotation. (6) Installation of pumps to lower water levels in structures. (7) Construction of water supply and waste treatment systems so as to prevent the entrance of flood water. (8) Installation of pumping facilities or comparable practices for subsurface drainage systems for buildings to relieve external foundation wall and basement floor pressures. (9) Construction to resist rupture or collapse caused by water pressure or floating debris. (10) Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage and storm waters into the buildings or structures. Gravity draining of basements may be eliminated by mechanical devices. (11) Location of any structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic materials which could be hazardous to public health, safety and welfare above the flood protection elevation or provisions of adequate flood proofing to prevent flotation of storage containers or damage to storage containers which could result in the escape of toxic materials into flood waters. (d) Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Administrator shall submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least a 10 day notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. (e) Submittal of Final Decisions to the DNR. A copy of all decisions granting conditional uses shall be forwarded to the DNR within 10 days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 21660.06. 21660.09. NON-CONFORMING USES AND STRUCTURES: NONCONFORMITIES: Subd. 1. Non-conforming uses and structures in the Floodplain Overlay Districts shall be subject to Section 21100 of this Chapter unless specifically provided otherwise in this section. Continuance of Nonconformities. A use, structure, or occupancy of land that was lawful before the passage or amendment of this ordinance but is not in conformity with the provisions of this ordinance may be continued subject to Section 21100 and the following. Historic structures (as defined in Section 21005 (Flood Related: (w) Substantial Improvement) are subject to provisions (a) – (e) below. (a) A nonconforming use, structure, or occupancy shall 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 subsection 21660.09, Subd. 1. (b). Expansion or enlargement of non- conforming uses, structures or occupancies within the Floodway District is prohibited. 28 Page 41 Subd. 2. Any non-conforming use or non-conforming structure that suffers substantial damage, as defined by this Chapter, shall not be reconstructed or restored except in conformity with the provisions of this section. The City may permit reconstruction of a non-conforming structure if the structure is non- conforming only by reason of height, yard, or area; is located outside the floodway and, upon reconstruction, is of no greater height, occupies no greater area, and is adequately flood proofed, elevated or otherwise protected. Subd. 3. (b) Any structural addition or structural alteration to a nonconforming structure or nonconforming use which that would result in increasing the its flood damage potential of that structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP1 thru FP24 floodproofing classifications) allowable in the State Building Code, except as further restricted in Subd. 4 and Subd. 5 (c) and (f) of this subsection as outlined below. Subd. 4. (c) The structure shall meet the standards of Section 21660.04, Subd. 1 or 2, of this section, if it is within the Floodway or Flood Fringe respectively, if the current cost of all proposed alterations and of all alterations made to the structure, since the City first adopted Flood Protection regulations, as calculated by the owner and approved by the Zoning Administrator, exceed fifty (50) percent of the current market value of the structure. If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of any nonconforming structure, that shall be considered substantial improvement, and the entire structure shall meet the standards of Sections 21660.05 and 21660.06 for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. The cost of all structural alterations and additions shall include all costs such as construction materials and a reasonable cost placed on all manpower or labor. This is an optional section, but similar to the intent of the existing language and easier to calculate. Subd. 5. If a substantial improvement occurs, as defined by this Chapter, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing non-conforming building, then the building addition and the existing non-conforming building shall meet the requirements of this section for new structures. (d) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than 1 year, any future use of the premises shall conform to this ordinance. The Assessor shall notify the Zoning Administrator in writing of instances of nonconformities that have been discontinued for a period of more than 1 year. This is optional language, but similar to other language for non-conforming uses. (e) If any nonconformity is substantially damaged 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 21660.05 and 21660.06 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. (f) Any substantial improvement to a nonconforming structure requires that the existing structure and any additions shall meet the requirements of Section 21660.05 and 21660.06 for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District. 29 Page 42 Subd. 6. The Zoning Administrator shall maintain a record of those non-conforming uses which have been flood proofed or otherwise adequately protected in conformity with Section 21100 of this Chapter. 21660.08 21660.10 VIOLATIONS AND PENALTIES AND ENFORCEMENT: Subd. 1. Violations of this section and penalties therefore shall be administered in the manner set forth in Section 21050 of this Chapter. Subd. 1. Violation Constitutes a Misdemeanor. Violation of the provisions of this Section 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) constitutes a misdemeanor and will be punishable as defined by law. Subd. 2. The Zoning Administrator shall send information resulting from investigation of violations of this section to the Commissioner of Natural Resources for distribution to the appropriate state and federal offices. Subd. 2. Other Lawful Action. Nothing in this ordinance restricts the City of Plymouth 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 Section and will be prosecuted accordingly. Subd. 3. Enforcement. Violations of the provisions of this Section will be investigated and resolved in accordance with the provisions of Section 21050 of this Chapter. In responding to a suspected violation, the Zoning Administrator and City Council may utilize the full array of enforcement actions available to them, 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 of Plymouth shall 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. 21660.07. 21660.11 AMENDMENTS: Subd. 1. Floodplain Designation – Restrictions on Removal. The floodplain overlay district designation on the official zoning map shall not be removed from floodplain areas unless it can be shown that the designation is in error or that the areas are has been filled to or above the an elevation at or above the of the regulatory flood protection elevation and are is contiguous to other lands lying outside the floodplain district. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the commissioner it is determineds that, through other measures, lands are adequately protected for the intended use. Subd. 2. Amendments Require DNR Approval. All amendments to this Section including amendments to the Floodplain Overlay Districts of the Official Zoning Map must shall be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The commissioner shall approve the amendments prior to city approval. Changes to the Floodplain Overlay 30 Page 43 Districts of the Official Zoning Map shall meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and shall receive FEMA approval before adoption by the City. Subd. 3. The Commissioner of Natural Resources shall be notified of public hearings to consider amendments at least ten (10) days prior to the hearing. The notice shall include a copy of the proposed amendment and related technical study under consideration. Subd. 3. Map Revisions Require Ordinance Amendments. The floodplain district regulations shall be amended to incorporate any revisions by Federal Emergency Management Agency (FEMA) to the floodplain maps adopted in Section 21660.03. 31 Page 44 CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2016-__ AN ORDINANCE AMENDING CHAPTER V OF THE PLYMOUTH CITY CODE, ENTITLED SUBDIVISION REGULATIONS (2016069) THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Amendment. Section 502.03 of Plymouth City Code (RULES AND DEFINITIONS -- Definitions) is amended by adding the following definitions: Floodplain Related Terms: (A) Flood Prone Area: Any land within the 100-year floodplain susceptible of being inundated by water from any source. (B) Regional Flood: A flood that is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 1 percent chance or 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in the flood insurance study. (C) Regulatory Flood Protection Elevation: The elevation to which uses regulated by this Chapter are required to be elevated or flood proofed. The regulatory flood protection elevation shall be an elevation not less than 2 feet above the elevation of the regional flood. SECTION 2. Amendment. Section 510.03 of the Plymouth City Code (PRELIMINARY PLAT- -Application Requirements) is amended by modifying and adding the following: Subd. 7. Drawings, Preliminary Plans. The application form shall be accompanied by drawings and information indicating the following: A. Preliminary plat, including the following: 1. Name of the proposed plat. 2. Layout of all proposed lot lines, together with the number, size, and preliminary dimensions, including the width of the lots at the front setback line. 3. Layout of all proposed streets, including those required in accordance with the City’s Comprehensive Plan, showing right-of-way widths, pavement widths, center line gradients, typical cross sections, Page 45 street drainage systems, and proposed street names pursuant to the City’s street naming system. 4. Location and width of all proposed sidewalks, trails, pedestrian ways, and fire lanes. 5. Location, dimensions, and purpose of all easements. 6. Minimum building setback lines. 7. Areas other than streets, sidewalks, trails, pedestrian ways, and utility easements intended to be dedicated or reserved for private or public use, including the size of such area(s). 8. Extent of any proposed modifications to land within the Special Protection Districts as described in Sections 21660 (floodplain), 21665 (shoreland), and 21670 (wetlands) of Chapter 21 (Zoning Ordinance) of this Code. (Ord. 2011-06, 2/22/2011) 9. Proposed guiding and zoning classifications if the plat application includes a reguiding and/or rezoning request. 10. A tentative plan for future platting, if the proposed plat includes any areas intended for future re-subdivision. B. Preliminary grading and erosion control plan for the proposed plat, including the following: 1. Lot and block numbers, building pad locations, building style and proposed building pad elevations at the lowest floor and garage slab for each lot. 2. Topography in two-foot contour intervals, with existing contours shown as dashed lines and proposed contours shown as solid lines. Existing topography shall extend 100 feet beyond the borders of the proposed plat. 3. Location of all existing natural features on the tract including, but not limited to, tree lines, wetlands, ponds, lakes, streams, drainage channels, bluffs, steep slopes, etc. 4. Location of all existing and proposed storm sewer facilities, including pipes, manholes, catch basins, ponds, swales, and drainage channels within 100 feet of the proposed plat. Pipe type and size, pipe grades, rim and invert elevations, and normal high water elevations shall be included. Page 46 5. Flood elevations and locations if the plat is located within, or adjacent to, a 100-year flood plain. Location of the regulatory floodplain elevation and the required elevation of all access roads for all properties that contain land in a Floodplain Overlay District. If the property is within the General Floodplain Overlay District, provide the information as required in Section 510.03, Subd. 7. E. 6. 6. Location of any flood prone area. 7. Spot elevations at drainage break points and directional arrows indicating site and swale drainage. 8. Locations, grades, and rim invert elevations of all storm sewer facilities, including ponds, proposed to serve the plat. 9. Locations and elevations of all street high and low points. 10. Street grades. 11. Phasing of grading. 12. Location of all easements, including oversize or non-typical easements. 13. An erosion control plan, pursuant to Section 526 of this Chapter. C. Preliminary utility plan for the proposed plat, including the following: 1. Location, dimensions, and purpose of all easements. 2. Location, type, size, grades, and rim and invert elevations of existing and proposed sanitary sewer, storm sewer, water mains, culverts, catch basins, manholes, hydrants, and other similar facilities within the proposed plat and to a distance of 100 feet beyond the plat. 3. Schematic storm sewer, sanitary sewer, and water layouts, illustrating invert and top rim elevations, proposed gradients, direction of flow, hydrant locations, and drainage areas. D. Tree preservation plan for the proposed plat, including the following: 1. Plan showing all existing trees to be removed, disturbed (including disturbance zones), and preserved. Such plan shall also include proposed locations and details of tree protection fencing to be installed for all trees to be preserved within 15 feet of the disturbance zone. 2. Grading plan. Page 47 3. Location and dimension of proposed building pads and construction zone proposed for each lot within the proposed plat. 4. A tabular listing of the caliper inches of each existing significant tree, and the total caliper inches thereof, together with a tabular listing of the caliper inches of significant trees to be preserved and to be removed, and the total caliper inches thereof. 5. A reforestation plan and/or the dollar amount of restitution required if the tree removal exceeds the established threshold, pursuant to Section 530 of this Chapter. E. Other drawings required for the proposed plat, as follows: 1. Source of water supply. 2. Provisions for sewage disposal, drainage and flood control. 3. Location of proposed street lights, as well as the utilities of electricity, gas, telephone, and CATV. 4. A general landscaping plan showing plantings, berms, fences, walls, sidewalks and trails, and any subdivision signage. 5. For plats containing one- or two-family dwellings, the location on each lot where an attached or detached garage containing at least one parking stall could be built within ordinance standards, if the principal structure is to be built without a garage. 6. For plats containing any land in the General Floodplain Overlay District, applicants shall provide the information required in Section 21160.07, Subd. 2 of the Zoning Ordinance to determine the regional flood elevation, the Floodway and Flood Fringe Overlay District boundaries, and the regulatory flood protection elevation for the subdivision site. SECTION 3. Amendment. Section 512.03 of the Plymouth City Code (FINAL PLAT—Application Requirements) is amended by modifying and adding the following: Subd. 6. Drawings, Final Plans. The application form shall be accompanied by drawings and information indicating the following: A. Final plat, including the following: 1. Name of the proposed plat. 2. Layout of all proposed lot lines with dimensions, and lot and block numbers. Page 48 3. Layout of all proposed streets, showing right-of-way widths and street names pursuant to the City’s street naming system. 4. Location, dimensions, and purpose of all easements. 5. Areas other than streets, sidewalks, trails, pedestrian ways, and utility easements intended to be dedicated or reserved for private or public use, including the size of such area(s). 6. Certification by a registered surveyor, as required by Minnesota Statutes, Section 505.03, as may be amended. 7. Space for signatures of all owners of any interest in the land and holders of a mortgage thereon, in the format prescribed by Hennepin County. 8. Space for the signatures of the Mayor and City Clerk to certify approval of the plat. (Ord. 2011-23, 7/26/2011) 9. Space for certificates of approval and review, in the format prescribed by Hennepin County. B. Final grading and drainage plan for the proposed plat, including the following: 1. Lot and block numbers, building pad locations, building style and proposed building pad elevations at the lowest floor and garage slab for each lot. 2. Topography in two-foot contour intervals, with existing contours shown as dashed lines and proposed contours shown as solid lines. Existing topography shall extend 100 feet beyond the borders of the proposed plat. 3. Location of all existing natural features on the tract including, but not limited to, tree lines, wetlands, ponds, lakes, streams, drainage channels, bluffs, steep slopes, etc. 4. Location of all existing and proposed storm sewer facilities, including pipes, manholes, catch basins, ponds, swales, and drainage channels within 100 feet of the proposed plat. Pipe type and size, pipe grades, rim and invert elevations, and normal and high water elevations shall be included. Page 49 5. Flood elevations and locations if the plat is located within, or adjacent to, a 100-year flood plain. The regulatory flood protection elevation and the required elevation of all access roads. 6. Location of any flood prone area. 7. Spot elevations at drainage break points and directional arrows indicating site and swale drainage, and emergency overflow locations, elevations and routes. 8. Locations, grades, and rim invert elevations of all storm sewer facilities, including ponds and rain gardens, proposed to serve the plat. 8. Locations and elevations of all street high and low points. 9. Street grades. 10. Phasing of grading. 11. Benchmark elevations. 12. Location and elevation of all retaining walls. 13. Location of all easements, including oversize or non-typical easements. 14. An erosion control plan, pursuant to Section 526 of this Chapter. C. Final utility plan for the proposed plat, including the following: 1. Location, dimensions, and purpose of all easements. 2. Location, size, grades, and rim and invert elevations of existing and proposed sanitary sewer, storm sewer, water mains, culverts, catch basins, man holes, hydrants, and other similar facilities within the proposed plat and to a distance of 100 feet beyond the plat. 3. Storm sewer, sanitary sewer, and water layouts, including top rim and invert elevations, proposed gradients, direction of flow, hydrant locations, drainage areas and benchmark elevations. 4. Profiles for all proposed utilities. D. Final tree preservation plan for the proposed plat, including the following: Page 50 1. Plan showing all existing trees to be removed, disturbed (including disturbance zones), and preserved. Such plan shall also include proposed locations and details of tree protection fencing to be installed for all trees to preserved within 15 feet of the disturbance zone. 2. Grading contours, existing and proposed. 3. Location and dimension of proposed building pads and construction zone proposed for each lot within the proposed plat. 4. A tabular listing of the caliper inches of each existing significant tree, and the total caliper inches thereof, together with a tabular listing of the caliper inches of significant trees to be preserved and to be removed, and the total caliper inches thereof. 5. A reforestation plan and/or the dollar amount of restitution required if the tree removal exceeds the established threshold, pursuant to Section 530 of this Chapter. E. Other drawings required for the proposed plat, as follows: 1. Location of proposed street lights, as well as the utilities of electricity, gas, telephone, and CATV. 2. A general landscaping plan showing plantings, berms, fences, walls, sidewalks and trails, and any subdivision signage. F. Final street plan for the proposed plat, including the following: 1. Plan view of proposed and existing streets including location, dimensions, and purpose of all rights of way and easements, location of existing or proposed utilities. 2. Street profiles including existing and proposed elevations extended to show how they tie into the adjacent properties. 3. Street cross-section and design information based on the soil r- value. G. Plat monitoring information sheet, including the following: 1. Gross acreage. 2. Acreage of wetlands, wetland buffers, floodplain, water bodies, and ponds. Page 51 3. Acreage of rights-of-way for arterial roads. 4. Acreage of public parks and open space. 5. Acreage for other (e.g., outlots for future platting, conservation easements, association-maintained private amenity lots, trail outlots or easements. SECTION 4. Amendment. Section 524.03 of the Plymouth City Code (DESIGN STANDARDS— Lot Improvements) is amended by adding the following: 524.03. Lot Improvements. Subd. 1. Lot Arrangement. The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with the Zoning Ordinance. In addition, all lots shall abut and have direct access to an improved street except for developments with unit lots, in which case the base lot shall abut and have direct access to an improved street. Subd. 2. Minimum Lot Dimensions. All lot dimensions shall comply with the minimum standards of the Zoning Ordinance. Depth and width of properties reserved or laid out for commercial, office or industrial purposes shall be adequate to provide for the off-street parking and loading facilities required for the type of use contemplated, as established in the Zoning Ordinance. Subd. 3. Side Lot Lines. Side lines of lots shall be substantially at right angles to street lines and substantially radial to curved street lines, unless an alternative layout will result in a better street or lot plan. Subd. 4. Corner Lots. Corner lots shall be of sufficient width and depth to comply with the minimum building setback requirement from both streets and to comply with the minimum driveway setback from the intersection, as established in the Zoning Ordinance. Subd. 5. Through or Double Frontage Lots and Access to Lots. A. Through or Double Frontage Lots. Through or double frontage lots shall not be permitted except where lots back on an arterial roadway or where specific disadvantages of topography or other conditions render subdividing otherwise unreasonable. B. Access from Minor Arterials and Major Collectors. Lots shall not, in general, derive access exclusively from a minor arterial or major collector roadway. No lot parallel to a minor arterial or major collector roadway and having a width of less than 200 feet should front on these roadways unless 1) access is limited to streets other than a minor arterial or major collector, 2) access Page 52 is provided jointly with other lots or 3) access is ultimately to be provided from a planned frontage road. Where possible, driveways shall be designed and arranged so as to avoid requiring vehicles to back into traffic on minor arterial or major collector roadways. (Ord. 2005-02, 1/11/2005) Subd. 6. Lots Abutting Water. Lots abutting a water body, wetland, drainage way, channel, stream or pond shall be of sufficient width and depth and at the elevation needed to assure that building sites are not subject to flooding. The platting of lots within the floodplain is subject to the Zoning Ordinance provisions relating thereto. Subd. 7. Large Tracts. When a parcel of land is subdivided into larger tracts than for building lots, such tracts shall be divided so as to allow for the opening of major streets and the ultimate extension of adjacent streets and utilities. Subd. 8. Lot Remnants. All remnants of land which are below the minimum lot size or which are otherwise unbuildable must be added to adjacent lots and shall not be platted as an unusable outlot or parcel. Subd. 9. Soil Preservation, Grading and Sodding/Seeding. A. Final Grading. No certificate of occupancy shall be issued until final grading has been completed in accordance with the approved final subdivision plat. (Ord. 2014-13, 1/25/2014) B. Lot Drainage. Lots shall be laid out so as to provide positive drainage away from all buildings, and individual lot drainage shall be coordinated with the general storm drainage pattern for the area. Where possible, drainage shall be designed so as to avoid concentration of storm water drainage from each lot to adjacent lots. C. Sodding/Seeding. Sodding and seeding shall be done in conformance with the Zoning Ordinance and the Engineering Guidelines/Standard Detail Specifications. (Ord. 2008-08, 3/25/2008) Subd. 10. Debris and Waste. No cut trees, diseased trees, timber, debris, earth, rocks, stones, soil, junk, rubbish or other waste materials of any kind shall be buried in any land, or left or deposited on any lot or street at the time of the issuance of a certificate of occupancy, and removal of those items and materials shall be required prior to issuance of any certificate of occupancy in a subdivision. No items and materials as described in the preceding sentence shall be left or deposited in any area of the subdivision at the time of expiration of the Development Contract or dedication of public improvements, whichever occurs sooner. Subd. 11. Waterbodies and Watercourses. If a tract being subdivided contains a water body, or portion thereof, lot lines shall be so drawn as to distribute the entire ownership of the Page 53 water body among the fees of adjacent lots. The City may approve an alternative plan whereby the ownership of and responsibility for safe maintenance of the water body is so placed that it will not become a City responsibility. Subd. 12. Subdivision of Land within Floodplain Overlay Districts. A. No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. All such proposals shall minimize flood damage, and ensure that all utilities, water supply or sewage treatment facilities are adequately located and protected. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this ordinance. B. All lots within the Floodplain Overlay Districts shall contain a building site outside of the Floodplain Overlay District that is at or above the regulatory flood protection elevation. C. All subdivisions shall have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation. Subd 13. Subdivision of Flood Prone Areas. If a subdivision proposal 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. C. Adequate drainage is provided to reduce exposure of flood hazard. SECTION 4. Effective Date. This amendment shall take effect immediately upon its passage. APPROVED by the City Council this ** day of ****, 2016. CITY OF PLYMOUTH BY:__________________________________ Kelli Slavik, Mayor ATTEST: _______________________________________ Sandy Engdahl, City Clerk Page 54 SPECIAL COUNCIL MEETING October 11, 2016 Agenda Number: 2B To: Mayor and Council Prepared by: Dave Callister, City Manager Reviewed by: Item: Set Future Study Sessions Staff is suggesting scheduling the following study session and meeting: Pending Study Session Topics (at least 3 Council members have approved the following study items on the list): None at this time. Other Council requests for Study Session Topics: None at this time. Page 1 SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 October 2016 3400 Plymouth Boulevard Plymouth, MN 55447 OFFICIAL CITY CALENDAR Phone: 763-509-5000 Fax: 763-509-5060 7:00 PM PLANNING COMMISSION MEETING Council Chambers 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE (EQC) MEETING Medicine Lake Room 5:30 PM SPECIAL COUNCIL MEETING DNR Required Flood- plain Regulations Medicine Lake Room 7:00 PM REGULAR COUNCIL MEETING Council Chambers 7:00 PM PARK & REC ADVISORY COMMISSION (PRAC) MEETING Plymouth Ice Center 7:00 PM CANCELLED HOUSING AND REDEVELOPMENT AUTHORITY (HRA) MEETING Medicine Lake Room SUN TUES MON WED THUR FRI SAT COLUMBUS DAY Observed 5:30 PM SPECIAL COUNCIL MEETING Vicksburg Lane/Dunkirk Lane traffic concerns Medicine Lake Room 7:00 PM REGULAR COUNCIL MEETING Council Chambers Modified on 04/13/2016 CHANGES ARE NOTED IN RED 7:00 PM PLANNING COMMISSION MEETING Council Chambers 30 31 12:00 PM-3:00 PM FIRE DEPT. OPEN HOUSE Fire Station II 6:30 PM City Volunteer Recognition Event Plymouth Creek Center CHA 7:00 PM LEAGUE OF WOMEN VOTERS LOCAL CANDIDATE FORUM Council Chambers 6:00 - 8:30 PM Halloween at the Creek Plymouth Creek Center Page 2 SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 November 2016 3400 Plymouth Boulevard Plymouth, MN 55447 OFFICIAL CITY CALENDAR Phone: 763-509-5000 Fax: 763-509-5060 8:00 AM-6:00 P.M. ABSENTEE/DIRECT BALLOTING 7:00 PM PLANNING COMMISSION MEETING Council Chambers 5:30 PM SPECIAL COUNCIL MEETING Budget/CIP Medicine Lake Room 7:00 PM REGULAR COUNCIL MEETING Council Chambers 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE (EQC) MEETING Medicine Lake Room THANKSGIVING HOLIDAY 7:00 PM PLANNING COMMISSION MEETING Council Chambers 7:00 PM HOUSING AND REDEVELOPMENT AUTHORITY (HRA) MEETING Medicine Lake Room 5:30 PM SPECIAL COUNCIL MEETING Discuss County Rd 47 Medicine Lake Room 7:00 PM REGULAR COUNCIL MEETING Council Chambers SUN TUES MON WED THUR FRI SAT THANKSGIVING HOLIDAY CITY OFFICES CLOSED CITY OFFICES CLOSED Modified on 04/13/2016 CHANGES ARE NOTED CHACHANGES ARE MADE IN RED VETERANS DAY Observed CITY OFFICES CLOSED 8:00 AM-6:00 PM ABSENTEE/DIRECT BALLOTING 7:00 PM PARK & REC ADVISORY COMMISSION (PRAC) MEETING Council Chambers Daylight Savings Ends Set Clocks Back 1 Hour ELECTION DAY Polls open 7:00 AM to 8:00 PM 10:00 AM-5:00 PM PLYMOUTH ARTS FAIR Plymouth Creek Center 11:00AM-4:00 PM PLYMOUTH ARTS FAIR Plymouth Creek Center 8:00 AM - 3:00 PM ABSENTEE/DIRECT BALLOTING 8:00 A.M.-5:OO PM ABSENTEE/DIRECT BALLOTING 8:00 AM-6:00 PM ABSENTEE/DIRECT BALLOTING 6:00 PM EDA MEETING Medicine Lake Room 8:00 AM-6:00 PM ABSENTEE/DIRECT BALLOTING Page 3 SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 6:00 PM BOARD & COMMIS- SION INTERVIEWS Medicine Lake Room 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 December 2016 3400 Plymouth Boulevard Plymouth, MN 55447 OFFICIAL CITY CALENDAR Phone: 763-509-5000 Fax: 763-509-5060 7:00 PM PLANNING COMMISSION MEETING Council Chambers 5:30 PM SPECIAL COUNCIL MEETING Discuss Utility Rate Study Medicine Lake Room 7:00 PM REGULAR COUNCIL MEETING Council Chambers 7:00 PM PARK & REC ADVISORY COMMISSION (PRAC) MEETING Council Chambers CHRISTMAS DAY CITY OFFICES CLOSED 7:00 PM HOUSING AND REDEVELOPMENT AUTHORITY (HRA) MEETING Medicine Lake Room SUN TUES MON WED THUR FRI SAT Modified on 12/29/15 CHACHANGES ARE MADE IN RED NEW YEAR’S EVE 7:00 PM CHARTER COMMISSION ANNUAL MEETING Medicine Lake Room 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE (EQC) MEETING Council Chambers 7:00 PM PLANNING COMMISSION MEETING Council Chambers 2:00 - 5:00 PM Old Fashioned Christmas Plymouth Creek Park 6:00 PM - 9:00 PM New Years Eve Event Plymouth Ice Center Page 4