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030591 Planning AGENDA PLANNING COMMISSION MEETING OF MARCH 5, 1991 CITY OF NEW HOPE, MINNESOTA 7:30 p.m. 1. CALL TO ORDER 2. ROLL CALL 3. PUBLIC HEARINGS 3.1 Case 90-27 Request for Final Plat, Don Harvey First Addition, 3970 Quebec Avenue North, Winnetka Properties, Petitioner 3.2 Case 90-35B Request for Site/Building Plan Review Approval to Modify Existing Building, 4300 Xylon Avenue North, Weis Builders/K-Mart, Petitioners 3.3 Case 91-07 Request for Preliminary Plat, Don Harvey Second Addition, Quebec and Winnetka Avenues, Winnetka Properties/Don Harvey, Petitioner 4. COMMITTEE REPORTS 4.1 Report of Design and Review Committee 4.2 Report of Codes and Standards Committee A. Floodplain Ordinance B. Shopping Center Parking Requirements 5. OLD BUSINESS 6. NEW BUSINESS 6.1 Approval of Planning Commission Minutes of February 5, 1991. 6.2 Review of City Council Minutes of January 28, 199~, and February 11, 1991. 7. ANNOUNCEMENTS 8. ADJOURNMENT CITY OF NEW HOPE PL~ING CASE REPORT Planning Case: 90-27 Request: Request for Final Plat Approval for Don Harvey Addition Location: Quebec and Winnetka Avenues North PID No.: 17-118-21 32 0001 Zoning: I-2 (Limited Industrial) Petitioner: Winnetka Properties/Don Harvey Report Date: March 1, 1991 Meeting Date: March 5, 1991 BACKGROUND 1. The petitioner is requesting Final Plat approval of Don Harvey Addition located on the extension of Quebec Avenue where construction was recently completed. The request is made pursuant to Chapter 13 of the New Hope Code of Ordinances. 2. As you will recall, the original proposal was to subdivide the entire ll-acre parcel into 2 blocks with 5 lots. The plat was tabled because of a number of problems regarding the westerly portion of the property where two existing warehouses are located. The petitioner met with the staff, revised the plan and requested to plat only the portion of the property east of Quebec Avenue. 3. The revised Preliminary Plat was submitted to the appropriate departments and agencies for review and staff recommended approval subject to conditions. 4. The Preliminary Plat was approved by the Planning Commission on Nov. 7, 1990, and was approved by the City Council on November 13, 1990, subject to the following condition: Final Plat to be submitted to the Planning Commission for review with the following changes: 1. All easements to be dedicated as requested by the City, including utility and drainage easements on side and rear lot lines and over existing watermain and storm sewer, 2. Plat to incorporate to the center line of Quebec Avenue, 3. Plat to include Minnegasco easement, 4. Plat to incorporate concerns of Hennepin County, 5. Approval from Shingle Creek Watershed and the DNR for dis- charge of storm water, 6. Approval from Soo Line Railroad for any grading that encroaches on their property. Planning Case Report 90-27 ~ March 5, 1991 Page -2- 5. Section 13.03/Subdivision 6c of the City Code, "Time Limit on Pre- liminary Plat Approval", states that if the preliminary plat is approved by the City Council, the subdivider must submit the final plat within one hundred days after said approval, or approval shall be void unless a written request for a time extension is approved. This Final Plat was received the first of February and meets the 100-day requirement. 6. The Final Plat of Don Harvey Addition was submitted to the appropriate City Department Heads, utility companies, and County agencies for review and comment. ANALYSIS 1. The Final Plat has been submitted to the City Engineer and he recommends approval. A. The required drainage and utility easements are properly shown. Note the 15-foot easement on the east property line, and 10-foot easement on the west property line, and the 5-foot easements on the north and south property lines. B.The required 10-foot wide watermain easement has been provided. C. The plat incorporates to the centerline of Quebec Avenue, as requested. 2. The easement originally requested by Minnegasco is located on the westerly 850 feet of the Don Harvey Second Addition, now being platted, and will be required as a condition of that plat approval. The easement is not located, nor is it applicable, to the Don Harvey Addition Final Plat. 3. The concerns of Hennepin County are not directly applicable to this plat, as the plat does not abut a County roadway. The County's letter dated 10/31/90 deals with issues related to the westerly portion of the property (to be platted as Don Harvey Second Addition) and will be addressed in that plat. 4. The City Attorney has reviewed the proposed final plat and has no objections. The Attorney is following up on the evidence of title showing appropriate ownership of the land and does not anticipate any problems. 5. The Shingle Creek Watershed Management Commission has reviewed the project for conformance to the watershed standards and recommends approval, subject to temporary erosion control measures being used during construction to prevent sediment from entering the storm sewer system. These measures are currently in place. 6. The Final Plat includes or addresses all of the conditions listed under the Preliminary Plat approval. Planning Case Report 90-27 March 5, 1991 Page -~- RECOMMENDATION Staff recommends approval of the Final Plat of the Don Harvey Addition. The petitioner should record the plat with Hennepin County within 100 days from the date of approval. After the plat has been filed, the petitioner is required to return one mylar and 8 blue line copies of the recorded plat to the City. Attachments: Section/Zoning Map Final Plat Engineer Correspondence (2-21-91) Attorney Correspondence (2-22-91) Watershed Correspondence (12-13-90) Staff Correspondence (2-12-91/12-19-90/11-14-90) Staff Preliminary Plat Report (11-2-90) Planner's Preliminary Plat Report (10-25-90) Planning Commission Minutes Excerpts (10-2-90/11-7-90) Council Minutes Excerpts (11-13-90) [~ o ~ hne ~ OCJg~L~IS ~.. I' c o ~ ~DDITION " Il ~ ~ ........ C~ '" ' C) ' SCALE "N FEET The ~est llne of DEJARLAIS ~lTl~ I ' ' o ~notes ]/2- Inch x 14- Inch set I ~r ~k ~13~Oe~s, ~e~ '~(c -~ iron pipe larked by License No. g: 4L germ, Co, ~,nnesoto. ':', -.- E IJ~ o[ t~e S ~ ~eet of fhe N 48 r~s oF ~ KNOff ALL HI# BY TH[SE PRES[NTS: That #innotka Properties, a Hinnesota General Partnership, fee oNner, and Citizens State Bank of St. Louis Park, a #innesota corporation, ~ortgagee, of the following described property situated In the County of Hennepin, State of #innesota, to wit: lhat part of the North q8 rods of the Northwest i/4 of Ihe Southwest I/4 of Section I1, lownshlp ll8, · · /-*~ ,_..' L~ r. li,~ ot" the ~. ,14 o[t~e Sw. ,14 ~ ~ ' ~SeC. II,T 118. ~. 21 7~ /SWCOK. o[DEJR~L~IS ROD. N I ~°00 . Noo; : ' ~1 ~. ~.,, / ..."..' ..~,~~.'2 S  / ......: .._ ,_, . 0 I00 . -,.. [~ :.,),-- / n :: : ~... t .': o ;ne o[ ~e S. ..:.. ~ C) ~ ;: SCALE IN .oo ~eef o~ l~e ..:-.. ~ ~oas o~ ~e N~ V4 ..... '.-' . ....-...  ....' " 0 ~4 ..... m "..I. ~ _ _ ... ... """ .... ~°'~-:"i "[~; The Hest line 0f DEJARLAI5 AD~ ,,*. b~ .: · .... has an assumed bearing 0f Sou  N'~. _-7_ 0 degrees 15 minutes 4T secon, /-' .' 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Thomas R Ande~n. AIA.Ha~an M Olso~ February 21, 1991 City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 Attn: Kirk McDonald Re: Don Harvey Addition OUr File No. 34-Gen. Dear Kirk: We have reviewed the final plat for Don Harvey Addition and recommend approval. The required drainage and utility easements are properly shown in conjunction with the required right-of-way for Quebec Avenue. If you have any questions please feel free to contact this office. Yours very truly, Mark' A. Hanson MAil:dh 34GEN. 2335 ~(/est Higlw~ay 36 · St. Paul, Minnesota S5113 · 612-636-4600 COF~UCK & SONDRALL SBt1 WEST BROADWAY ~AL~. M~e~.~Tt^ 55422 WILLIA~ J. CORRICK STEVEN A. SONDRALL SHARON D. DERBY MICHA[L R. ~FLEUR MARTIN P. MAL[GHA WILLIAM C. STilT February 22, 1991 Hr. Kirk NcDonald Nanagement Asst. City of New Hope 4401Xylon Avenue North New Hope, NN 55428 RE: Don Harvey Addition Our File No. 99,15027 Dear Kirk: ! have reviewed the proposed final plat of Don Harvey Addition and have no objections to the plat itself. You should know that our office has not yet received title evidence showing appropriate ownership of the land to be platted. We will be following up with the owner on that and ! will contact you regarding our review of that information, Please contact me if you have any questions. Sincerely, Martin P. Nalecha s3f cc: Daniel J, Donahue Steven A. Sondrall, Esq. 12-13-90 SHINGT.~, CI~ WATEI~._qI-II~ MANAG~ COMMISSION PROJECT REVIEW SC 90-15: Winnetlm l~oo~rtie~ Owner. Winnetka Properties 7147 Sandberg Road Golden Valley, MN 55427 Project: Development of a 3.2 acre industrial site to be known as "Don Harvey Addition" consisting of an office/warehouse building and adjacent parking areas. Loeatio~ East side of Quebec Avenue, 1300' south of County Road 9 in New Hope. ~ 1. Verbal instructions from Mark Hanson, City of New Hope, on 11-15-90 authorizing review. 2. Site Drainage Plan, prepared by R. Johnson Construction and Development, Inc., last revised 10-25-90. 3. Preliminary Plat prepared by Schosll & Madson, Inc. 4. Site location map undated and received 11-15-90. ~: 1. The site is located just to the south of DNR Protected Wetland 628W and is required to meet the Management Standards for Developments Adjacent to or Within a Protected Water or Wetland. 2. The majority of the site drains to an existing ponding area located along the south edg~ of the property. The pond, which outlets north into Wetland 628W, was designed to serve a 24-acre drainage area along Quebec Avenue including the Don Harvey Addition. The pond was previously reviewed by the SCWMC on 2-8-90 as Project Review SC 90-6 and found to meet the Management Standards for stormwater treatment. 0.2 acres of the bituminous parking area on the north side of the building is proposed to drain north into Wetland 628W via a storm sewer outfall. 3. An existing silt fence along the edge of Wetland 628W is shown on the Site Drainage Plan. 12-13-90 SHINGI. ~E CI~EEK WATEP. S~ MANAGEMENT COMMISSION PROJECT REVIEW SC 90-15: Winnetka Pron~rtie~ Rneommen~tion.~: The project has been reviewed for conformance with the Management Standards of the Shingle Creek Watershed Management Commission and is recommended for approval by the City of New Hope with the addition of the following conditions. 1. The owner shall consider directing stormwater runoff from the 0.2 acre area north of the building south to the existing storrnwater treatment pond. 2. Required drainage easements for ponding areas and land adjacent to Wetland 628W shall be dedicated to the City. 3. The existing silt fence shown on the Site Drainage Plan shall be maintained to prevent deposition of sediment in~o Wetland 628W during the development process. 4. The owner shall stabilize slopes at storm sewer outfalls to the wetland and ponding area. 5. Temporary erosion control measures (e.g. hay or straw bales, rock filters, etc.) shall be used at catch basin inlets to prevent sediment from entering the storm sewer system.) JAM~S M. MONTGOMERY, CONSULTING ENGINEERS, INC. Engineers for the Commission Dale Claridge, P.E. / Date COMMISSION ACTION 12-13.90 Approval of the above recommendations. 4401 Xylon Avenue North New Hope, Minnesota 55428 Phone: 533-1521 CITY OF NEW HOPE MEMORANDUM DATE: February 12, 1991 ' TO: New Hope Director of Public Works New Hope Director of Finance/Administrative Services New Hope City Attorney New Hope City Engineer New Hope Building Official Northern States Power Company U.S.West Telephone King Cable TV Minnegasco Hennepin County DOT FROM: Kirk McDonald, Management Assistant/Community Development Coordinator SUBJECT: Final Plat Don Harvey Addition Enclosed you will find a final plat for Don Harvey Addition. Please review and forward comments to me prior to 4:30 p.m. on Fri4a¥,Fe~ruarv 22, 1991. If yOU have questions, please feel free to contact me. Family Styled City'~~ FM FalMly Livi~ 4401 Xylon Avenue Not,It New Ho~e, ~innesota 55428 P/~one: 535.; 521 December 19, 1990 Mr. Don Harvey Winnetka Properties 7147 Sandberg Road Minneapolis, MN 55427 and Mr. R.J. Johnson R. Johnson Construction & Development, Inc. Louisiana West Building 7204 West 27th Street Minneapolis, MN 55426 Subject: DON HA~RVEY ADDITION FINAL PLAT-PLANNING CASE 90-27 Dear Mr. Harvey and Mr. Johnson: As you are aware, the preliminary plat for the Don Harvey Addition was approved by the New Hope City Council on November 13, 1990. I wanted to make you aware of Section 13.03/Subdivision 6c of the New Hope Code, "Time ~imit on Preliminary Plat Approval", which states that "if the preliminary plat is approved by the City Council, the subdivider must submit the final plat within one hundred days after said aDDrova1, or approval of the preliminary plat shall be considered void, unless a written request for a time extension is approved by the City Council". I would request that you either submit a final plat or a request for a time extension to the City by mid-February, 1991. The February Planning Commission meeting is scheduled for February 5th and the application deadline is January llth. The March Planning Commission meeting is scheduled for March 5th and the application deadline is February 8th. Please contact me if you have any questions. Sincerely, Kirk McDonald Management Assistant/Community Development Coordinator K~/lb cc: Dan Donahu~ City Manager Planni~ Case File 9a-27 Family Styl~ City ~ Fol' Family Livin8 4401 Xylon Avenue North New Hope, Minnesota 55428 Phone: 533-1521 November 14, 1990 Mr. Don Harvey Winnetka Properties 7147 Sandberg Road Minneapolis, MN 55427 and Mr. R.J. Johnson R. Johnson Construction & Development, Inc. Louisiana West Building 7204 West 27th Street Minneapolis, MN 55426 Subject: REQUEST FOR SUBDIVISION AND PLATTING-PLANNING CASE 90-27 Dear Mr. Harvey and Mr. Johnson: Please be advised that on November 13, 1990, the New Hope City Council approved the referenced request as submitted in Planning Case 90-27, subject to the following conditions: Final plat to be submitted to Planning Commission for review with the following changes: A. Ail easements to be dedicated as requested by City, including utility and drainage easements on side and rear lot lot lines and over existing water main and storm sewer, B. Plat to incorporate to the centerline of Quebec Avenue, C. Plat to include Minnegasco easement, D. Plat to incorporate concerns of Hennepin County, E. Approval from Shingle Creek Watershed and DNR for discharge of storm water, F. Approval from Soo Line Railroad for any grading that encroaches on their property. Please refer to the enclosed schedule for possible final plat submission/approval dates. If you have questions, please call. Sincerely, Daniel J. Donahue City Manager .. Kirk McDonald Management Assistant/Community Development Coordinator ~/lb F m,v$~ Eric losure FM Fami~ Livin~ cc: Plannin ca,. ,i1-% -27 Property File CITY OF NEW HOPE RESOLUTION NO. 90- 204 RESOLUTION AppROVING PLANNING CASE 90-27 REQUEST FOR APPROVAL OF PRELIMINARY PLAT FOR DON HARVEY ADDITION AT 3970 QUEBEC AVENUE NORTH PID #17-118-21 32 0001 WHEREAS, the City of New Hope is a municipal corporation organized and existing under the laws of the State of'Minnesota; and WHEREAS, the City Council of the City of New Hope has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the applicant, Winnetka Properties, has submitted a request for a preliminary plat for Don Harvey Addition at 3970 Quebec Avenue North, pursuant to Chapter 13 of the New Hope Code; and WHEREAS, the Planning Commission held a public hearing on October 2, and November 7, 1990, and recommended approval of the preliminary plat subject to conditions: and WHEREAS, the City Council on November 13, 1990, considered the report of the City staff findings and the recommendations of the Planning Commission. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of New Hope hereby approves the preliminary plat of Don Harvey Addition, as requested in Planning Case 90-27, subject to the following conditions: 1. Final plat to be submitted to Planning Commission for review with the following changes: A. Ail easements to be dedicated as requested by City., including utility and drainage easements on side and rear lot lot lines and over existing water main and storm sewer, B. Plat to incorporate to the centerline of Quebec Avenue, C.Plat to include Minnegasco easement, D.Plat to incorporate concerns of Hennepin County, E. Approval from Shingle Creek Watershed and DNR for discharge of storm water, F. Approval from Soo Line Railroad for any grading that encroaches on their property. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, on this 13th day of November, 1990. City Clerk J J -. CITY OF NEW HOPE PLAh'NIN~ CAHE REPORT Planning Case: 90-27 Request: Request for Subdivision and Platting Location: 3970 Quebec Avenue North PID No.: 17-118-21 32 0001 Zoning: I-1 (Limited Industrial) Petitioner: Winnetka Properties Report Date: November 2, 1990 Meeting Date: November 7, 1990 1. The petitioner is requesting subdivision and Preliminary Plat approval of the Don Harvey Addition located on the extension of Quebec Avenue currently under construction. The request is made pursuant to ChaDter 13 of the New Hope Code of Ordinances. 2. The original proposal considered at the October Planning Commission meeting was to subdivide the entire 11 acre parcel into 2 blocks with 5 lots. The preliminary plat was tabled primarily because of a number of problems regarding the westerly portion of the property where two existing warehouses are located. 3. The petitioner has met with staff and has revised the plan and is requesting only to plat the portion of property east of Quebec Avenue at this tame. The westerly portion of property will be platted at a later date and the petitioner understands that green area requirements will have to be met. 4. If the preliminary plat is approved, the subdivider must submit a final plat within 100 days. Approval of the preliminary plat does not constitute final acceptance of the layout. Subsequent approval of the final plat is required with such revisions as are deemed necessary. cQD~e$ of the final Plat are to be submitted to the Plannin~ Commission fQr r~view and recommendations, unless this re~auirement is wa%red by the Plannin~ C~mmission durinu the review of the preliminary Plat. Staff recommends that the Commission not waive this requirement. 5. As noted in the Planning Consultants report, the plat (Lot 1, Block 1) contains 137,465 square feet or 3.1558 acres and meets the lo= area requirement. 6. The revised plat was sent to the appropriate City department heads, utility companies and County agencies for review and comment. Planning Case Report 90-27 November 7, 1990 Page -2- 7. Property owners within 350' of the request were notified for the October public hearing. 1. The plat notes that easements are to be dedicated on the final plat as requested by the City. 2. The Planning Consultant recommends approval subject to the condition that the City Engineer review the plat to see if any easements are required. 3. The City Engineer has reviewed the plan and has two recommendations (in addition to those covered in Planning Case 90-29): A. The plat shall incorporate to the centerline of' Quebec Avenue, B. The appropriate easements shall be shown over the existing water main and storm sewer. 4. The Minnegasco concern regarding an easement near the north line of the plat remains unchanged and said easement should be incorporated into the final plat. 5. The Hennepin County concerns have remained unchanged and they should be addressed in the final plat. 6. Refer to the Planning Consultant's report (included under Planning Case 90-29) for further information. RECOMMENDATIONS Staff recommends approval of the preliminary plat of Don Harvey Addition subject to the following conditions: 1. Final plat be submitted to Planning Commission for review with the following changes: A. Ail easements to be dedicated as requested by City, including utility and drainage easements on side and rear lot line and over existing water main and storm sewer, B. Plat to incorporate to the centerline of Quebec Avenue, C. Plat to include Minnegasco easement, D. Plat to incorporate concerns of Hennepin County, E. Approval from Shingle Creek Watershed and DNR for discharge of storm water. F. Approval from Soo Line Railroad for any grading that encroaches on their property. Attachments: Section Map Preliminary Plat Minnegasco Letter (9-19-90) Hennepin County Letter (10-31-90) City Engineer Letter (10-25-90) Mmnegasco A Company of D~vetsi~ed Energies. [nc. September 19, 1990 Kirk McDonald Management Assistant City of New Hope 4401 Xylon Avenue North New Mope, MN. 55428 RE: Preliminary Plat of Don Harvey Addition Dear Mr. McDonald: With reference to the preliminary plat of Don Harvey Addition, Minnegasco, Inc. currently has an easement near the North line of the plat. I have enclosed a copy of Minnegasco's easement number 76-8, recorded with the Hennepin County recorder as document number 4256368. I request that this easement be referred to on the final plat. Thank you for the advance notice and could you please send me a copy of the final plat when it is approved. Sincerely, ste/v~n Von ~argen ~ Real Estate Specialist Minnegasco, Inc. cc: R. J. Pilon, Minnegasco TOO West Linden Avenue P.O. Box tt65 Minneaooiis. MN 55440-1165 Nort west s ociat Consul ants, Inc. U R B"A P L A N N · D E S N · I~1 A R K E R E S E A R C H PLANNING REPORT TO: Kirk McDonald/Dan Donahue FROM: Allan Hunting/Alan Brixius DATE: 25 October 1990 RE: New Hope - Don Harvey Addition Preliminary Plat Review and Site/ Building Plan Review FILE NO: 131.01 - 90.27 EXECUTIVE'SUMMARY Background: Applicant is requesting preliminary plat approval of the Don Harvey Addition located on the extension of Quebec Avenue which intersects Winnetka Avenue. The request is to subdivide the back portion of an already developed lot. The new lot known as Lot 1, Block 1 will be served by Quebec Avenue. The property is currently zoned I-1. Attached for reference: Exhibit A - Preliminary Plat Exhibit B - Site Plan Exhibit C - Interior Layout Exhibit D - Drainage Plan Exhibit E - Landscape Plan Recommendations Based upon the ensuing review, our office recommends preliminary plat approval and site/building plan approval contingent upon the following conditions being met: 1. The City Engineer review the plat to see if any easements will be required. 4601 Excelsior Blvd.. Suite 410. Minneapolis, MN 55416. (612) 925-9420. Fax 925-2721 2. Ail grading and drainage plans be submitted to the City Engineer for his review and comment. 3. A revised landscaping plan be submitted showing the required screening along the width of the paved area across the back of the lot. 4. Curb cut widths be reviewed by the City Engineer and approved by both he and the City Council. 5. Any further comments from the City Staff. ISSUE ANALYSIS Area Requirements and Setbacks. Minimum lot size in the I-1 Zoning District is one acre and minimum lot width is 150 feet. Lot 1 meets all minimum area requirements. Setbacks for the I-1 zone are as follows: Front Yard - 50 feet Side Yard - 20 feet Rear Yard - In either the General Industrial District or Limited Industrial District, the minimum side or rear yard setback from the lot line of the side or rear yard of the parcel adjacent to a railroad right-of-way shall be ten feet. Ail proposed structures meet minimum setbacks. Access. As mentioned earlier, the new lot will be accessed by Quebec Avenue. The right-of-way width for Quebec Avenue is shown to be 60 feet wide. This width satisfies City requirements. Because Quebec Avenue will intersect a county road, the County Public Works Department must comment on the proposed intersection. The project has been reviewed by Hennepin County and a review letter dated 21 September 1990 makes specific recommendations which were mentioned in the City staff review of 2 October. The County recommended that all access to Winnetka Avenue should be limited to Quebec Avenue and the existing driveway be removed. Our office recommends that once access to Quebec Avenue is obtained by all the existing developed lots, then the original driveway should be terminated. Easements. Easements at least ten feet wide, centered on rear and other lot lines, shall be provided for utilities, where necessary. The applicant shall be required to provide 10 foot easements on the side and rear yard. The City Engineer shall review the plat and comment if any additional drainage easements will be required. 2 Grading and- Drainaqe. Ail grading and drainage plans shall be submitted to the City Engineer for his review and comment prior to further approvals. Site/Buildinq Plan Review. Applicant is also applying for site plan review for a 30,000 square foot manufacturing warehouse structure, which is permitted use in the I-l, Limited Industrial District. Limited industrial uses have special requirements above and beyond the general provisions. These special requirements are discussed below. Lot Coveraqe. Not more than 40% of the lot shall be covered. Total land area for Lot 1 is 137,465 square feet. The proposed building is 30,000 square feet or 22% of the total lot. Green Area. Not less than 35% of the lot shall remain as a grass plot. The site plan proposes 40% of the lot to remain in green area. Employee Parking. No parking in front of the building shall be used by vehicles of the employees. Parkinq Lot Screeninq and Landscaping Plans. These requirements will be addressed later in this report. Screeninq and Landscaping. According to the landscape plan presented, most landscaping efforts occur at the perimeter of the site and along the front yard. Efforts are made by the screening to block the parking areas from view from Quebec Avenue. One area of concern lies in the lack of screening along the rear yard adjacent to residential zoning. The loading docks are located in the rear of the building adjacent to the residential zone which will generate concentrated truck traffic. It is important that this activity be screened along the rear lot yard. Even though the railroad right-of-way does provide a distance buffer, it does not provide a visual buffer between the site and the houses across the railroad tacks. Visual inspection revealed that the elevations on the site, the tracks and the residential lots were nearly identical. Much of the existing natural screen will be removed for this project which currently screens the existing structures from the houses. The grading plans show the proposed first floor elevation to be at 918 feet, the railroad tracks are at 916 feet and the house lots are nearly identical to the railroad tracks. Due to proposed elevations, finished floor elevations and loss of existing vegetation, a vegetative screen is recommended to run the width of the paved area across the back lot. Our office recommends that the applicant resubmit a landscape plan addressing the screening requirements mentioned in this section and that such revised landscape plan be reviewed prior to further approvals. 3 Parking Requirements. The Zoning Ordinance prescribes the following parking requirements: Total Building = 30,000 square feet Parking Use Sq. Ft. Ratio Requirement Office - 10% 3,000 x .9 1/200 14 2,700 sq.ft. Warehouse - 45% 13,500 x .9 1/1000 12 12,150 sq.ft. Manufacturing - 45% 13,500 x .9 1/350 35 12,150 sq.ft. TOTAL REQUIRED PARKING 61 The proposal meets requirements for number of parking stalls. Parking lot also conforms to all minimum distances from property line. Our office would like to comment on the circulation pattern' and parking layout in the front of the building. Circulation is designed as a one way flow to the front of the building and to the parking stalls. Because of the parallel parking design, a one way traffic flow would be necessary. This pattern may, however, become confusing to any visitor who may access the site by the wrong driveway. They must either drive around the back of the building to enter or they must turn around and drive back to the other entrance. The parallel parking in front is also not the most pleasing or desirable layout for visitors as it makes for an awkward entrance to each separate office. All appropriate traffic flow signage should be provided to direct car traffic flow and so that the appropriate access points will be used. Our office recognizes that the applicant is attempting to fulfill all of the I-1 requirements concerning parking and green space and this site plan does meet. all requirements, but a better traffic flow may be possible. One suggestion would be to eliminate the parallel parking and create a parking area into the green area in front of the building. Some parking from the rear could also be moved to the front. To compensate for any lost green space in front, additional green space could be provided for in the rear. This suggestion does, however, create more front yard parking which the City may not like. The City must weigh the pros and cons of' each proposal in determining the merits of each. The requirements of the I-1 zone have created this situation of parking vs. green space and the City must determine which is of more value to this particular site. 4 Off Street" Loadinq. The site plan shows three loading berths to service this building. Minimum requirements have been met concerning number of berths, size of berths and location. The site appears to show adequate space for circulation leading to the berths. Ample space is provided for the maneuvering of the trucks into and out of the berths. Again, because this activity is adjacent to residential uses, it is important that proper screening be provided for along the rear yard. Curb Cuts. Maximum curb cut width is 26 feet. The site plan shows curb cuts to be 27 feet wide. Curb cut widths not exceeding 32 feet may be permitted subject to the review of the City Engineer and the City Council. Lighting. All exterior lighting must be designed and arranged in such a way to direct light away from any adjoining residential zone or from the public streets. Trash. Site plan indicates all trash storage will be inside of building. Snow Storage. Snow storage from the plowing of the lot may not be piled an areas designated as required parking, but must be stored on the provided green area. These storage areas must be shown on the site plan. CONCLUSION Based upon the preceding review~ our office would recommend approval of the preliminary plat and site plan review contingent upon the issues that were brought up in the report. cc: Doug Sandstad 5 PRELIMINARY PLAT OF: DON HARVEY ADDITION WINNETKA PROPERTIES, INC. ..4'-. 7'147 SANDBURG RD. v ~t~ I GOLDEN VALLEY, MN. 55427 ':' I ': ................................... EXHIBIT A- . ,, ,, ,~,, SCHOELL & MADSON, INC. ' . ~..~,~ ~ ................ ~_, "~_. ~ S,~,L PROJECT NO. ~ 0~ I~f, ~ .~ -. ,- -.----. ~ '~.'i'" EXHIBIT B SITE PLAN .-.~?.i:' .' EXHIBIT C - INTERIOR LAYOUT 1 EXHIBIT D - D~AINAGE PLAN . [~ ~: ~ ~ ~-~_ .~ , · .: ~ ... - .. _ ..:~, 'r  .~ . . EXHIBIT E - LANDSCAPE PLAN CITY OF NEW HOPl 4401 ZYLOII AVBNUB NORTH KBNNEPIN COUNTY, MI]iNBSOTA PLANNING COJeqlSSlON MINtYTBS October 2, 1990 CALL TO ORDEH Chairman Cameron called the meeting Co order aC ?:30 p.m. RO~ ~ Present: Caslln, Sonlin, Frildrich, C~eron, Gundershaug, O~a ~eonC ~ Zak, Wa~achkl P~IC ~INGS PC 90-17 (3. X) The Cha~an no,Id I re.el= ~r~ =he ~i=~oner =ha= Planning ~ST ~R Case 90-17 be wiChdra~ fr~ consideraCion. O~R S~GB ZN l-I DXS~X~ & V~X~ ~OM MO. OF P~Z~ SPA~BS 820~ 45~ AV. N, M~XON ~ion ~ Co~em~oner FrLedr~ch, second ~ Co~ise~oner Sonsin, to close the p~l~c hearing and accep~ the withdrawal Vo~ing in favor~ caslon, sonsin, Fried~ich, C~eron, ~unde=shaug, Vot~g against: None ~8onC ~ Zak, Wa~echke PC 90-27 (3.2) Charon C~con ~n~c~uc~ P~annLnv Came 90-27 and asked Kir~ ~ST ~l ~ McDonald, M~nagmnC Aom~8C~, Co rmv~ ohm case. S~XVXSXOM ~. McDonald expla~n~ che r~eg= for mubdLvisLon and 3020/3940/3960/ p=el~n~ plat 3980 WX~ AV. =ho ~ Avenue ~tenoLon which is curron=ly under consC~ct~on. He not~ the pro~sa1 is =o su~ivLde an 11- acre p~co~ ~ocaC~ ~n an whLch have ~dent~ca~ warehouses ~ocaC~ ~fl CAe Chem. He on oCaC~ Chic all CAm mifl~ area ~d width r~ir~encs for Ohm lo~m arm ~, buC prml~ina~ pLa~ Co dmp~n~m and agencies involved, there have b~n a n~r of c~n~m expregoed. One of =he scarf concerns dealo w~h ~ 2 and 3 on Block 1, where =he curren= buildings arm loca~, beclulm Chi I-1 3S% grin area rm~Lr~nt La nec ~. Ho add~ ~ha~ ML~mlco rmm~ndmd wtCh a concern ~uC ~ oafmflC, He.open County rom~nded r~ardLnq addLC~onaL rLght-o~-way ~d access on N~ ao~ Planing ~ss~on -lc ~tober 2, 1990 ? Winnetka Avenue, &nd the City Engineer h.d a number of ~ cerements. He concluded that it was the consensus of that the request be tabled and the petitioner mee= with staff =o address all =he concerns. Chairman Cameron requested the petitioner =o speak =o =he issues brough= up by staff. / Bob Johnson, representative for the Don Harvey AddS=ion, in=reduced himself and Don Harvey. He commented =ha= he =hough= everything was in conformance as far as =he pla= is concerned and has no= received any co~men=s since =he plan was submit=ed. He IXprlllld =he feeling =ha= tabling =he case / would be a hardship on =he petitioner, therefore =hey would - .... like =he preliminary plat ·pproved ·nd will address =he concerns when =he final pla= is Chairman Cameron pein=ed our =ha= mince =he peCi=ioner is aware of =he issues =ha= have been brough= for~h, i= would rake a great deal of rime =o address =hem all in =his meeting '~. and he suggested =hep e=i=ioner make arrangements =o meet with / staff and look a= all =he concerns Ixprlllld by =he City, County, and others. He suggested =he case be tabled for one month. ~c. Johnson lXprlllld dilm·y =h·C they were no= con=ac=ed by ~ staff and made aware of =he current issues prior =o =his . meeting since they h·d me= with Delign & Review for =he Si=e/Building Plan Review and had conformed with =heir suggestions. '~ Mr. McDonald explained =he= when a pla= is received i= is / our =o all =he City dip·fOments, ·11 =he utility companies, and Hennepin County, but their reeponlel do not always reach , =he staff until =he last minute. He et&ted the= if =here are ~ only one or Cwo concerns regarding · preliminary pla= i= can be approved with the underl=anding =ha= =he changes can be / inco=por&ted into the final pl&=, but staff feels =here are too m·ny issues in this p·~cicular pla= =o handle in =ha= MOTION N~tion by Commissioner Friedrich, second by Commissioner Gunderlhaug, to table Planning Cale 90-27 for one ~onth. Voting in favorl Calsen, Sonlin, Friedrich, Cameron, Gunderlhaug, VotLng agl~nlt: None Absent: Z&k, Wetlchke Notion passed. Pc ~0-21 (3.3) Chairman Cameron introduced Plinn~ng Cele 90-28 and called on I~EgUEST FOI Kirk McDonald =o review =he request from Continental Baking Net PLanning ~lllion --2-- Ocober 2, ~990 CITY OF NEW HOPE 4401 XYLON AVENUE NORTH HENNEPIN COUNTY, MINNESOTA PLANNING COMMISSION MINUTES November 7, 1990 C~T~. TO ORDER Chairman Cameron called the meeting to order at ?:$0 p.m. ROLL CALL Present: Zak, Cassen, Sonsin, Friedrich, Cameron, Gundershaug, Oja, Watschke' Absent: None PUBLIC HEARINGS PC 90-2? (3.2) Chairman Cameron introduced Planning Case 90-27 and asked Kirk REQUEST FOR McDonald, Management Assistant, to review the case. PLATTING AND SUBDIVISION Mr. McDonald noted the preliminary plat for the Don Harvey 3979 QUEBEC Addition was tabled at the October meeting because of a number AVENUE NORTH of concerns regarding the westerly portion of the property, ~-- but since then the petitioner has had several meetings with / staff and hal submitted a revised plan which requests '~ preliminary platting for the portion east of Quebec Avenue only, with the westerly portion to be platted at a later date. , He stated staff recommends approval of the preliminary plat based on recommendations listed in the staff report. Chairman Cameron questioned if petitioner has any problems the with the recommendations that have been made.  ' Bob Johnson, representing Don Harvey, replied they feel they can conform=o =he requirements without any problem, with one exception regarding the request to obtain approval from the railroad for any encroachment on their property. He stated their feeling is that their grading plan would not cause any , encroachment. Kirk McDonald explained that it was a recommendation from the City Engineer because he felt that in order to accomplish their grading plan they might have to encroach on =he railroad propeL~cy. Mr. Johnson noted their slope would be 3 =o 1 and they do not  feel they would encroach on the proper~y. MOT~O~' Motion by Commissioner Friedrich, second by Commissioner Sonsin, to approve ~dI~Li,w~ and preL~m/~ar~ pAs~ as requelted in Pl&nning Call 90-27 with the recommendation that the final plat be submitted to the Planning Commission for  review with the following ch&ngel~ 1. ALI easements to be dedicated as requested by the City, including utility and drainage easement on side and rear lot lines and over existing water hain and stoFu sewer. New Hope Planning Commission -1- November 7, 1990 /~ -. 2. Plat to incorporate to the center line of Quebec Avenue. / 3. Plat to include Minnegasco easement. -~ 4. Plat to incorporate concerns of Rennepin County. 5. Approval from Shingle Creek Watershed and DNR for discharge of storm water. . 6. Approval from Soo Line Railroad for any grading that encroaches on their property. / ?~ Voting in favor: Zak, Cass&n, Sonsin, Friedrich, Cameron, '~ Gundershaug, Oja, Watschke ,,' Voting against: None Absent= None Motion passed. PC 90-29 (3.2) Chairman Cameron noted that Planning Case 90-29 is connected REQUEST FOH COP with the platting request submitted in the previous case. TO ALLOW SHARED PARKING/LOADING Kirk McDonald outlined the new plan for site/building plan FACILITIES AND review for a new 30,000 square foot office/warehouse building, SITE/BUILDING noting that a request for a conditional use permit for shared PLAN REVIEW FOR p&rking/loading facilities has been withdrawn. He stated that NEW OFFICE/WARE- code requirements have been met in a revised plan submitted by HOUSE, 3970 =he petitioner which staff approves, with the exception of QUEBEC AVENUE N. several items regarding certification by an architect and compliance with City Engineer's and Planning Consultant's recommendations. Commissioner OJaquestioned the petitioner regarding materials to be used on the outside of the building, roof-top equipment, west sidewalk to parking, signage on building or on site, parking and flow of traffic in and out of site, continuous curbing, lights on building, and trash disposal. Mr. Johnson presented an artist's conception of the building and explained that it would be basically decorative concrete block, some bands of plain block, painted in varying earth tones, and the roof-top equipment would be painted to match the building. He indicated that eignage as defined on plan is strictly traffic signage directing customer parking flow to the north and truck entrance from the north with exit to the south. He noted the curbing would be bituminous and the building lights would be wallpacke. Ho pointed out there will be two outside trash enclosures construcCred of cedar. Commissioner Oja commented on the landscape plan and complimented the petitioner on the much improved revised landscape plan. She asked the petitioner to address the parking for tho tenant in the middle unit, and also snow storage. Mr. Johnson stated no tenant is currently occupying the unit and indicated there is snow storage provided. New Hope Planning Co--lesion -2- November 7, 1990 BID/TRUCK "- Approval of Specs and Authorization to Call for Bids for Item 6.13 One (1) Pick-up Truck. RESOLUTION 90-20.2 Councilmember Enck introduced the following resolution and Item 6.15 moved its adoption: 'RESOLUTION AMENDING THE YEAR XVI (1990) URBAN HENNEPIN COUNTY STATEMENT OF PROOECTED USE OF FUNDS - CONTRACT NO. A05700.' The motion for the adoption of the foregoing resolution was seconded by Councilmember Williamson, and upon vote being taken thereon; the following voted in favor thereof: Erickson, Enck, L'Herault, Williamson; and the following voted against the same: None; Absent: Otten; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. IMPROVEMENT Approval of Final Pay Request for Park Acres Drainage PROJECT 418 Improvements (Project 418) and Yunkers Park (Project 446) Item 6.15 - $2,427.19. RESOLUTION 90-203 Councilmember Enck introduced the following resolution and Item $.17 moved its adoption: 'RESOLUTION APPROVING CHANGE ORDER NO. 1WZlllVEIT AND COMPANY, INC. FOR IMPROVEHENT PROJECT NO. 434A (NORTHWOOD I.AXE BANI(EROSION) IN THE AMOUNT OF $836.' The motion for the adoption of the foregoing resolution was seconded by Councilmember Williamson, and upon vote being taken thereon; the following voted in favor thereof: Erickson, Enck, L'Herault, Williamson; and the following voted against the same: None; Absent: Otten; whereupon the resolution was declared duly passed and adooted, si~miby the mayor which was attested to by the city clerk. VESTS/RIFLESCOPE Approval t~ Purchase Two Bullet Proof Vests and One Item 6.18 Rtflescope~e- $,139.50. -, BID/SALT ApprovaJ/of Bid Submitted ~l!argill Inc. for Salt to be Item 6.19 Used fer Ice Control - $7, .x' BID/WINTER MIX A~)roval of Bid Submitted by Midwest Asphalt for Winter Item 6.20 .Mix and Authorization to Purchase - $2,340. BID/SAND ..~ Approval of Bid Submitted by Shiely Company to Purchase Item 6.21 Sand Needed for Winter Ice Control and Authorization to Purchase - $1,150. BID/SANDER Approval of Bid Submitted by Boyum Equipment, Inc. for One Item 6.22 (1) Tail Gate Sander and Authorization to Purchase - _ $1,850. PLANNX.Ii(~dkSE Mayor Erickson introduced for discussion Item 8.1, 9~,~.- Planning Case 90-27, Request for Platting and Subdivision, I~~ 3970 quebec Avenue North (PID #17-118-21 32 0001), ' Winnetka Properties, Petitioner. New Hope City Council November 13, 1990 Page 3 /~': Mr. Kirk McDonald, Management Assistant/CommunitY Oevelopment Coordinator, presented the planning case and ' stated the petitioner is requesting subdivision and preliminary plat approval of the Don Harvey Addition located on theextension of Quebec Avenue currently under construction. The original proposal considered at the October Planning Commission meeting was to subdivide the entire 11 acre parcel into two blocks with five lots. The preliminary plat was tabled primarily because of a number of problems regarding the westerly portion of the property where two existing warehouses are located. He stated the petitioner has met with staff and has revised the plan and is requesting only to plat the portion of property east of Quebec Avenue at this time. The westerly portion of property will be platted at a later date and the petitioner understands that green area requirements will have to be met. The Planning Commission discussed this case at their meeting on November 7, 1990, and approved the Preliminary Plat subject to the Final Plat being submitted to the Planning Commission for review with certain changes as tnoted on the resolution. Mr. Robert Johnson, representing Don Harvey and Winnetka Properties was recognized and stated he was prepared to answer questions. RESOLUTION 90-204 Councilmember Enck introduced the following resolution and Item 8.1 moved its adoption: 'RESOLt~TI~ APPROV)~ PUtNN%~ CASE 90-~7 REQUEST FOR APPROVAL OF PRELIMINARY PLAT FOR DON HARVEY ADDITION AT 3970 qUEBEC AVENUE NORTH PID 32 0001'. The motion for the adoption of the foregoing resolution was seconded by Councilmember Williamson, and upon vote being taken thereon; the following voted in favor thereof: Erickson, Enck, L'Herault, Williamson; and the following voted against the same: None; Absent: Otten; whereupon the resolution was declared duly oassed and adopted, signed by the mayor which was attested to by the city clerk. PLANNIN6 CASE Mayor Erickson introduced for discussion Item 8.2, 90-29 Planning Case 90-29, Request for Site/Building Plan Review Item 8.2 for New Office/Warehouse at 3970 Quebec Avenue Nort#, PID #17-118-21 32 0001, Winnetka Properties, Petitioner. Mr. McDonald explained thmt the petitioner is requesting a Site/Building Plan Review approval for construction of a new 30,000 sq. ft. office/warehouse building on Lot 1, Block 1, of the proposed plat of Don Harvey Addition, New Hope City Council November 13, 1990 Page 4 CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 90-35B Request: Request for Site/Building Plan Review to Modify Existing Building Location: 4300 Xylon Avenue North PID No.: 18-118-21 11 0013 Zoning: B-4 Petitioner: Weis Builders/K-Mart Corporation Report Date: March 1, 1991 Meeting Date: March 5, 1991 UPDATE Staff recommends that this case be tabled again. The City has forwarded the "phase-in" parking/site improvement plan to K-Mart officials with 'a letter indicating our expectations. To date no response has been received. Staff recommended approval of the conditional use permit based on the fact the K-Mart officials had agreed to cooperate with the City on improvements to the site. If K-Mart determines not to make the improvements or proceed with the modifications to the building, then some type of enforcement action will be necessary. The Planning Consultant outlined the pertinent issues in the attached report. K-Mart has three options: 1. Proceed to meet with Design & Review and come before the Planning Commission with the site/building plan review and incorporate the changes recommended by Design & Review and the City Engineer, 2. Appear before the Planning Commission with the original plan and not incorporate the recommended changes (with staff recommending denial), or 3. Withdrawing the site/building plan review request and face enforce- ment action. For your information, the 1971 Council minutes are attached regarding the original K-Mart construction and parking requirement variance. Attachements: Planner's Report (2-6-91) Excerpt, City Council Minutes (9-27-71) we ssociat Consultants, Inc. P L N N G DES N M A R K E T R E S E A R C H MEMORANDUM TO: Kirk McDonald FROM: Alan Brixius DATE: 6 February 1991 RE: New Hope - K-Mart CUP FILE NO: 131.00 - 91.03 On 12 November 1990, K-Mart filed two applications for improving their building at 4300 Xylon Avenue North. The first application was for a conditional use permit to convert their present sit down restaurant to a convenience food restaurant and relocate it to the front of the building. The second application involved a building facade modification converting the glass windows to some type of masonry wall treatment. In consideration of these applications, the City of New Hope desires to require some overall site improvements including improving the parking lot traffic circulation and some landscaping. The conditional use permit was approved contingent on parking lot improvement. Currently, K-Mart is hesitating on fulfilling the parking lot improvements. Questions have arisen with regard to the initial need for the CUP; whether parking lot improvements were warranted by the interior improvemen~ and whether the City now has an enforcement position based on t.he CUP approval. The following paragraphs outline NAC's response' on these questions. 1. Was the conditional use permit necessary for the convenience food alterations? Convenience food is a conditional use in the B-4 Zoning District. Although the proposed restaurant alterations occurred initially within the existing building, the change in food service type and location will serve to increase business attraction and traffic generation. In this regard, it was appropriate to process a conditional use permit in the consideration of change in food service at the K-Mart site. 4601 Excelsior Blvd.-Suite 410.Minneapolis, MN 55416-(612) 925-9420-Fax 925-2721 2. Are parking lot requirements warranted as part of the CUP review? The New Hope Zoning Ordinance requires that the City make a determination as to whether the proposed CUP will not cause traffic hazards or congestion in the B-4 Zoning District. With the understanding that the K-Mart restaurant alterations will help to improve the commercial attraction of the building and generate additional traffic to the site, then the consideration of on-site parking and circulation as par.t of the CUP review is appropriate. This has particular merit in light of the site's unusual striping layout and traffic flow patterns. New Hope CUP approval was conditioned on K-Mart cooperating with the parking lot improvements as pa~t of the building facade changes. This condition outlined the City's willingness to expedite the CUP approval, provided K-Mart was willing to implement some parking lot design changes. The approval did not, however, layout the specific improvements that the City wanted implemented. Without outlining a specific design standard, the City left this condition open ended. As such, the enforcement potential is questionable. 3. Enforcement Options. K-Mart seemed to be agreeable to making necessary parking lot improvements in a three to five year plan. Through this staged improvement plan, K-Mart may retain a reasonable improvement costs and the City will enhance the site from both a traffic safety and aesthetic perspective. This cooperative effort may be the most expedient way to improve the site. If K-Mart is unwilling to cooperate, the CUP approval.may be a tenuous enforcement position. A more potent option for compliance may be holding K-Mart to abide by the original approved site plan parking lot layout. This would require K-Mart to correct the traffic circulation problems and non- conforming conditions. cc: Dan Donahue Doug Sandstad Council Minutes - 7 - September 27, 1971 7. The Village Manager advised the Council that bids for 1971 Street Improvements had been opened at 2:00 p.m. this date by the Manager and the Village Clerk-Treasurer. A bid tabulation was then pre- sented to the Council for consideration. The bid covers construction of the portion of Jordan Avenue adjacent to Northwood Lake, various streets in Twin Terra Linda Additions and a portion of 38th Avenue at Louisiana Avenue and will be known as Street Improvement No. 269. The Village Engineer recommended in favor of awarding the bid to Matt Bullock Contracting Co., Inc., lowest responsible bidder in the amount of $13,295.00. Motion by Councilman Johnson, second by COuncilman Hokr, to award the bid for 1971 Street Improvements to Matt Bullock Contracting Co., Inc., in the amount of $13,295 as recommended by the Village Engineer. Voting in favor: Bosacker, Erickson, Hokr, Johnson, Plufka. Voting against: None. Motion carried. 8. Planning Case No. 71-56, request from Developers Diversified for a variance in parking requirements for the K-Mart installation at 4300 Xyton Avenue North, was considered by the Council. Mr. James Karabec, Developers Diversified, appeared before the Council to re- view the proposal. Mr. Karabec stated that the variance in parking was sought so that landscaping could be provided in accordance with the wishes of the New Hope citizens living on Zealand Avenue near 42nd Avenue North. It is now proposed that 879 spaces be provided, rather than 1,088 spaces as originally presented. He stated that Barton-Aschman had conducted a traffic survey in respect to the pro- posed New Hope K-Mart store and that said firm had stated that 850 parking spaces should satisfy the highest demand at the site. He also stated that the Kresge Company also felt that 850 spaces would be sufficient. Mr. Karabec told the Council that the Planning Commission had recommended that he buy an additional 50 feet to hold future parking expansion. He told the Council that he still would just like to buy 816 feet, as measured on the back lot line. Mr. Karabec further stated that his firm does not intend to add any extra retail area to the New Hope store. He said he did not feel that comparing parking facilities to the Target store was applicable. He said that when trade warrants it, Kresges build additional stores from 4 to 6 mi les apart. The Council inquired as to whether arrangements had been made with the owners of the New Hope Shopping Center for access across the New Hope Shopping Center site. Mr. Karabec said that this had not been done but he will be working on this in the future. ~unci Iman Plufka inqui red as to whether Developers Diversi fled had worked out a land trade with Mr. Brown for the property on 42nd A~nuc abutting the New Hope Shopping Center. Mr. Karabec said his finn was working on this but the trade has not been completed. uncil Minutes - 8 - SepTember =~, #r. Rosene, Village Engineer, said that sight distances must be taken into consideration together with the landscaping at the drive- ~ay entrances. Discussion held relative to the eventual use of the 160 foot by 188 foot parcel at the northeast corner of Xylon and 42nd Avenues. Mr. Ronald Frain, 850t - 46th Avenue North, inquired as to whether ;.--- there was ample room for del iveries by semi-trucks. He also asked II. the Council what steps would be taken to control the traffic on 46th Avenue -- as a result of the K-Mart store. Mr. Fratn said that ~-' there were several dead end streets to control the traffic into residential areas from the Target store in Crystal. Hr. Frain was advised that the K-Mart site was zoned for retail business and it was f0 be expected that the property would develop in this manner. Mr. Frain was also assured that if after K-Mart is in operation and it appears that there is, in fact, a traffic problem through residential . areas, the Council will' try to come up with an effective solution. Upon further discussion all members of the Council stated that they ~ould be opposed to dead-ending residential streets at this time. Further discussion held as to whether K-Mart should be asked to acquire the extra 50 feet of property as recommended by the Planning Commi ssi on. Councilman Bosacker noted that signalization question and left turn lanes had not been resolved. Hr. Karabec agreed that Developers Diversified would be doing considerable sharing in the cost of the traffic lights and some sharing in the cost of the turn lanes. Motion by Councilman Johnson, second by Councilman Plufka, approving the variance in parking requirements for the K-Mart site (down to 879 spaces), as requested under Planning Case No. 71-56. Motion by Counci linen Plufka to amend the motion so that approval is Conditioned upon resolution of the Brown/Hardy property trade and joining of parking lots with the New Hope Shopping Center. Motion to amend lost for lack of second. Motion by Counci Iman Hokr to amend the motion so that the approval of the parking variance is conditioned upon acquiring of the addition- a fifty feet to the north of the K-lvlart site, to be avai labia for future parking, if needed. Motion died for lack of second. Counci I man Bosacker asked Mr. Karabec to assure the Council that he would attempt to negotiate Brown/Hardy property switch and joint parking with the shopping center. Mr. Karabec stated that he would try to accomplish both of these items. Vote was then taken on the question to approve the variance in parking requirements as requested under Planning Case No. 71-56. Council Minutes - 9 - September 27, 1971 ¥oting in favor: Bosacker, johnson, EriCk§O~. ¥0ting against: Hokl-, Plufka. ~ H0tion carried. lt. Planning Case No. 71-49, request for variance in front yard setback, Richard Reimer, petitioner, to construct a single family dwelling with an attached garage at 8310 - 36t!~ Avenue North, was considered by the Counci I. The Vi I lage Manager advised the Counci I that Mr. I~imer was unable to be present. The Village Manager then pre- sented a revised site plan showing the proposed location of the house. Permission is requested to place the house within 42 feet of 36th Avenue North. No one appeared to object to the requested var iance. Motion by Counci Iman Bosacker, second by Counci Iman Johnson, to approve a variance in front yard setback to 42 feet from 36th Avenue for the lot at 8310 - 36th Avenue North, with house and garage to be positioned as shown on the revised site plan (Planning Case No. 71-49). Voting in favor: Bosacker, Erickson, Hokr, Johnson, Plufka. Vo, i ng against: None. Motion carried. 10. Planning Case No. 71-50, request from Dan Countryman for a variance in rear yard setback to permit construction of a multiple garage at 2724 Xylon Avenue North to come within I0 feet of the rear lot line, was considered. Mr. Countryman appeared before the Council to dis- cuss the location of the proposed garage. The plan, as approved by the Planning Commission, was reviewed by the Council. Motion by Counci Iman Bosacker, second by Counci Iman Hokr, to approve the variance in rear yard setback to permit construction of a multiple garage to come within I0 feet of the rear lot line at 2724 Xylon Avenue North, as requested by Dan Countryman under Planning Case No. 71-50. Voting in favor: Bosacker, Erickson, Hokr, Johnson, Ptufka. Voting against: None. Motion carried. II Planning Case No. ?t-51, request from William R. Nelson for a I0 foot variance in front yard setback to permit construction of a single family dwelling with attached garage at 6132 Utah Avenue North, was COnsidered. Mr. Nelson appeared to discuss the request. Mo, ion by Counci Iman Plufka, second by Councilman Hokr, to approve request for I0 foot front yard variance for construction of a house wi,h attached garage at 6132 Utah Avenue North, as requested under Planning Case No. ?1-51. Voting in favor: Bosacker, Erickson, Hokr, Johnson, Plufka. Voting agai ns,: None. Mo, ion carried. CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 91-07 Request: Request for Preliminary Plat for Don Harvey 2nd Addition Location: Quebec and Winnetka Avenues North PID No.: 17-118-21 32 0001 Zoning: I-1 (Limited Industrial) Petitioner: Winnetka Properties/Don harvey Report Date: March 1, 1991 Meeting Date: March 5, 1991 BACKGROUND 1. The petitioner is requesting subdivision and Preliminary Plat approval of Don Harvey 2nd Addition located adjacent to and northwest of the newly constructed Quebec Avenue extension. The request is made pursuant to Chapter 13 of the New Hope Code of Ordinances. 2. The property is zoned I-1 (Limited Industrial) and is propose4 to be subdivided into two lots: the undeveloped property would be platted into one lot abutting the west side of Winnetka Avenue, while the easterly portion of the property with the two existing warehouse/ manufacturing buildings would be platted into another lot. 3. The original proposal for the subdivision of this property called for subdividing all of the Harvey property into two blocks with five lots. The petitioner revised the plan to plat only the property east of Quebec Avenue into one lot (final plat now under consideration). This proposal is for the remaining portion of the property, where 3 lots and an outlot were originally proposed. 4. The 7.5 acre parcel was first developed in 1976 with two identical warehouses located in the middle of the site sharing a back-to-back loading zone. 5. The minimum lot area requirement for properties in the I-1 Zoning District is one (1) acre and the minimum lot width requirement is 150 feet. Lot area sizes and widths of the proposed plat are as follows: Area Width Lot 1, Block 1 111,580 sq.ft./2.56 acres 314 ft.(On Winnetka) Lot 2, Block 1 180,525 sq.ft./4.14 acres 341 ft.(On Quebec) Quebec Avenue Dedication 22,837 sq.ft./.52 acres Winnetka Avenue 14,080 sq.ft./.32 acres Dedication TOTAL 329.022 sq.ft./7.5 acres The two proposed lots meet the area and width requirements. Planning Case Report 91-07 ~ March 5, 1991 Page -2- 6. The Preliminary Plat has been sent to the appropriate City Department Heads, utility companies, and County agencies for review and comments. 7. Property owners within 350' of the request have been notified. ANALYSIS 1. The two-lot proposal for the property is an improvement over the original three-lot/outlot proposal, however, there are still a number of issues that need to be resolved. 2. Staff requests that the petitioner submit a site plan to show how the existing non-conformities on Lot 2, Block i will be corrected. Staff met with the petitioner last fall and discussed a concept plan to increase green area and landscaping. A site plan should be submitted in conjunction with the Preliminary Plat that addresses: A. Specific percentages for the lot coverage and green area for the developed parcel to determine if the 40%/35% standards are met or if a variance will be necessary. B. Elimination of bituminous in front of the two buildings and the incorporation of landscaping in this area. C. Revised parking plan to eliminate parking in front of the buildings in conjunction with increased green area. D. Driveway improvements: curb-cut and new access at northeast corner of Lot 2 on Quebec Avenue; resolve existing curb-cut issue at northwest corner of Lot 1 on Winnetka Avenue. E. The off-site references to Lot i and Lot 2, Block 1, Don Harvey Addition, east of the proposed plat need to be deleted and corrected - this property has been platted as one lot. 3. The proposed plat contains two building on one lot and a variance will be required. 4. If the bituminous in front is replaced with green area, Fire Department connections on the front of both buildings will need to be relocated and truck directional signs should be installed (see staff sketch). 5. Drainage and utility easements need to be shown on the plat. The Pre- liminary Plat states "Easements to be dedicated on final plat as required by City". 6. Aside from the site plan, a second major issue that needs to be addressed is drainage. Existing drainage is conveyed overland across private property to the north to Old Dutch Pond. The City Engineer is recommending that a storm sewer system be installed. Shingle Creek Watershed and the DNR will also require a storm water treatment basin to Planning Case Report 91-07 March 5, 1991 Page -3- collect water before it enters Old Dutch Pond, a designated DNR protected wetland (see City Engineer correspondence). Both the storm sewer improvements will require construction and easements which extend beyond the plat and will need approval from the appropriate agencies. Staff requests the petitioner to submit a drainage plan that addresses these concerns. 7. The City Attorney has examined the plat and has found the legal descrip- tion to be inaccurate and this needs to be corrected. 8. Minnegasco responded when the original plat was sent out that they have an easement near the north line of the plat and this should be shown on the plat. 9. Hennepin County responded with the following requests: A. Seven additional feet of right-of-way should be dedicated on Winnetka Avenue for a uniform width - this is shown on plat. B. Ail access from the plat to CSAH 156 should be limited to proposed Quebec Avenue. The existing driveway located approximately 220 feet north of proposed Quebec Avenue must be removed and the area within County right of way restored. The other items outlined in the County letter regarding utility permits and restoration are routine. RECOMMENDATION Due to the large number of items that need to be addressed on the Preliminary Plat, staff recommends that the plat be tabled. Staff requests that the petitioner submit a site plan and a drainage plan to address the concerns raise in the staff report. The site plan would then be reviewed by Design & Review and brought back to the Commission. Staff has notified the applicant of this recommendation. Attachments: Section/Zoning Map Preliminary Plat Engineer Correspondence & Sketch (2-22/2-27-91/9-20-90) Attorney Correspondence (2-22-91) Hennepin County Correspondence (2-20-91) Minnegasco Correspondence (9-19-90) Staff Sketches & Correspondence (2-14-91) Previous Staff Report Case 90-27 (9-28-90) BETHEl. L. IONS CEMETERY , PARK PRELIMINARY PLAT OF: DON HARVEY 2ND ADDITION WINNETKA PROPERTIES, INC. 7147 SANDBURG RD. GOLDEN VALLEY. MN 554:27 ~, .,.~,,.,.,.o., ... .. ~ / ~ ,,/ / ", t ~ Z ,., / .... ~ ~ // ' ~' .... ,.~ ~ .~,,~.. , ., , .......... DON HARVEY 2ND ADDITION WINNE'FKA PROPERTIES, INC. 7147 SANDBURG RD. GOLDEN VALLEY, MN 55427 '".¢."' % I ~ / ~,~ - i///~ ~" '"' ,, ~ /p ,, ~ ~' ~',, .. - . ~ ~ ~ -- · ~ ~ ,I - ~ % , ,' , "" ~" ~ -' ~I '1 ' ~ ~ ~ / ~. H,i,I ,, .... ~,,,", ~., , ~ ...... ---~ ~- ' ' t ( quebec F E ~ -- 2 ?-- 9 1 WED I 6 : 4 4 ~ ON E $ T R 0 0 & '~iA $ $ 0 C I A T E $ P . 0 2 February 27, 199i City of New l-lope 4401 Xylon Avenue North New Itt)pc, MN 55428 Attention: Kirk McDonald Re: Don Harvey 2nd Addition Our File No. 34-gen Dear Kirk: We have revic:wed the drainage requirements for the above plat. Presently the existing drainage is conveyed overland acrms private property (40(]0 Winnetka Avenue) to the north to Old Dutch Pond. Therefore, the most efficic:nl storm sewer system to serve the area is one which collects runoff from D~)n H;~rvey 2nd Addition a.qd the prop~:ny to the north (40(,~ Winnetka Avenue). [n additiort. Shingle Creek Wate~hed will require that storm water treatment be provided for a 2" ruinfall ,vent for the drainage area tributary m the new storm sewer. The Department of Nutund Resources (DNR) will 'aLso encourage storm water treatment because Old Dutch Pond is designated DNR Protected W~:tland. Attachgd is n sketch which identifies a possible storm gwer system which will require construction and eu~ments outside the Don Harvey 2nd Additkm. tn summary, the Don Harvey 2nd Addition will require storm sewer imprcwements to Old Dutch Pond (DNR Protected Wetland) which will extend beyond the plat. Thc improvements will have to be reviewed and ultimutcly approved by the Shingle CrL:ck Watershed, DNR, and the City of New Hope. If you have any questions please contact this office. Yours very truly, BONERTRC)O, ROSENE, ANDERLIK & AS$OCIA'I'ES, INC. Mark Hnnson MH:Ik Attachment 2:335 ~,'est Highway 36 · St. Paul, Minnesota 5SI13 · 612-636-4600 FE~--27--9 I ~D I ~ : 45 BONESTRO0 ~ ASSOC I ATES ~ ~ W. ~ne, PE. Eicna~ ~ ~er. PE. Ma~ R. ~ PE L. Phfll~D Gra~ m PE JO~D~ C, A~ik; PE. ~na~ C 8u~ PE. ~ C. Rosene Ma~,n L. ~a,a. PE. Jer~ A. ~n, PE. Thomas E. Angu[ PE. ~nesM Ricna~ E. Turner, PE. Ma~ A Han~n. PE. H~a~ A  Glenn R. C~. T~ K. Field, PE. Dan~t J. EdWin. PE. C~fllo Ol~wer, PE PE Su~n M E~inr C.PA. Davl~ O. ~s~ca. PE. Israel Ma~ez. PE. Chanes A Enc~son Thomas ~ ~n. PE. Ma~ D. ~llis. M~ C. L~C~, PE. Thomas R. Engin~rs & Archit~ts ~ ,. ~,~..~. ~ ~ ~,~ February 21, 1991 City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 Attn: Kirk McDonald Re: Don Harvey 2nd Addition - Preliminary Plat Our File No. 34-Gen. Dear Kirk: It's recommended the preliminary plat for Don Harvey 2nd Addition not be approved until the following items are addressed and properly shown on the preliminary plat: - The site improvements required for Lot 2 Block 1 including green space, parking, driveway and landscape in accordance with the City. - The proposed site plan for Lot 1 Block 2 including driveway locations, parking, landscape and green space requirements. - The overan drainage improvements for Lot 1 and 2 including storm sewer and ponding requirements in accordance with the City of New Hope and Shingle Creek Watershed. If you have any questions please contact this office. Yours very truly, BONF~TRO, O, ,R~)SENE, ANDERLIK & ASSOCIATES, INC. Mark A. Hanson MAH:dh 34GEN. 2335 gffest Highway 36 * St. Paul, Minnesota 55113 * 612-636-4600 September 20, 1990 ' - :" ~- --~_~, Cit7 of New Hope ~401 ~71on Avenue North New Hope, ~I 55~28 Attn: Kirk McDonald Re.' Don Ha~e7 Addition Our File No. 34-Gen Dear Kirk= Ve have reviewed ~he above pla= and reco~end =he Gradin~ - The existing warehouse on Lots 2 and 3 Block 1 ~d Oucloc A presently drain north overland across private properly to Old Dutch Pond. It's raco~ended an easemen= be secured from the prope~ty ~o the north and s=or~ sewer be constructed to properly convey drainase from ~he exis~in8 warehouse to Old Dutch Pond. Old Dutch Pond is designated a D~ wetland; ~herefore the d~chars~ cf s=o~ water into it shall be done ~ accord~ce with =heir require~nen=s and the Shingle Creek ~a=ershed. The stom sewer shall also be properly desired ~o convey the water r~of[ from Lo= 1 Block 3. - The drainage of Lo~ 1, Block 2 sha~l be directed northward to Old Duluth Pond. However. =he drayage fro~ ~o~ 2, Block l sha!l be directed south by s=o~ sewer into the pond~ area developed as par~ of Quebec Avenue Ex=~nsion -Projec= 450. A proper 8rad~ p~an has not been provided for =he proposed developmen= of Lot 2, Block 2. Therefore ~ ens~eer~ review of ~he 8rad~ 91~ can not be done. The discharge of s=o~ wa~er ~o O~d ~=ch Pond s~i be done ~ accordance with D~ requirements ~d ~he Sherle Creek Wa=ershed. - The 8radin~ of Quebec Avenue extension provided for min~al removal of bit~ous ~d ~rad~ =o blend =he exis=~n~ park~ areas se~n~ ~he warehouses ~o the new street. Therefore, i~'s reco~ended the park~ areas, drivin8 13nes and ~reen spaces se~ ~he exist~n~ warehouses be recons=~cted ~o confo~ with ~he new s~reet ~ accord~ce wi=h City requirements. (Concre=e curb, 8teen space requiremen=s, l~dscape pl~, e~c.) 1 233S ~Vest Hlgl~way 36 · St. Paul, Minnesota S5113 · 612-636-4600 O City of New Hope September 10, 1990 Page 2 At=n: Kirk McDonald - The existing driveway access to serve this site at Winnetka Avenue is being removed as part of Quebec Avenue to conform with Hennepin County's Access Permit for Quebec Avenue connecting to Winnetka Avenue. The access will be removed and a sidewalk will be constructed within County right-of-waF. Therefore, it's recommended the remaining driveway access on proposed Lo= 1, Block 1 serving =he existing warehouse be removed. - The right-of-way dedication along Winnetka Avenue shall be reviewed by Hennepin Co. and dedicated in accordance with their requirements. It' s anticipated an additional 7' of right-of-way will be required along Winnetka Avenue. - The right-of-way dedication for Quebec Avenue extension has been acquired by the City. However it's recommended an additional 10' wide utility and drainage easement be dedicated beyond the street right-of-way acquired for Quebec Avenue. A minimum 5' wide utility and drainage easements shall be dedicated on all side lot lines and 10' wide on all rear lot lines. - As part of Quebec Avenue extension, 3 accesses are being provided to serve the existing Warehouses on Lot 2 & 3, Block 1, and Outlot A. It's recommended the proper easements be executed for the shared accesses located between Lots 2 and 3 and the access across 0utlot A. It's recommended the access across 0utlot A be constructed as part of the plat approval. - Curb curs for driveway open,ss se~s Lo= 1, Block 1 and Lo~s 1 and 2 Block 2 have no= been provided with =he Quebec Avenue extension projec~ since development plans for ~his area have no= been approved. ~e future driveway accesses for =hess lots shall confo~ ~o city s~andards based on width and spac~g. - Sani=a~ sewer ~d wa~e= se~ices ~o se~e ~he exiscin~ warehouses on Lo= 2 and 3 Block I have been ma~=a~ed with ~e Quebec Avenue extension project. A sani=a~ sewer ~d wa=e= se~ice has also been provided =o Lo~ i Block 1. Relative =o Lo= 1 ~d 2 Block 2, dura& cons=~c~ion of Quebec Avenue =he proper o~er vas con=ac=ed whether he would pay for the cost of an additional sever and va=er se~ice to =he easterly side of Quebec Avenue. A response vas no= ~iven; therefore only one sever ~d va~er se~ice has been provided ~o =he ease side o[ Quebec Avenue. Therefore, i~'s reco~ended the sever se~ice =o Loc 1 Block 1 be provided from the exisc~A sever located on i~s north line ~d ics va=er se~ice be provided either from =he exisc~ hydr~ located ac i~s nor=byes= co.er on the va=er se~ice s~ub provided from Quebec Avenue a~ i~s southwest co.er. ~e sever se~ice provided a~ ~he southwest co.er of Lo~ 1 Block 2 from Cit7 of New Hope September 20, 1990 Pa~e 3 Attn= Kirk McDonald Quebec Avenue shall be used to serve Lot 2 Block 2. In the event the sewer service extends across a portion of Lot 1 Block 2 (which it appears it does) a utility easement shall be shown on the plat across the southwest corner of Lot 1 Block 2. The water service to Lot 2 Block 2 shall be provided from the existin8 water main located alons its south line. If you have an7 questions please contact this office. Yours very trulT, BONE~TRO0, ROS~, ANDEItLIK & ASSOCIATES, INC. Hark~danson MH:lk \3~.gen COP, PaCK & $ONDP~LL ~S! I WEST SROADWAY CORRICK ~W OFFICE~, P.A. WILLIAM J. CORRICK ~VONNE E. KESKE $TEVEN A, SONORALL, P.A. STEVEN A. ~ONDRALL SHARON D. DERSY MICHAEL R. LAFLEUR MARTIN P. MALECHA WILLIAM C. STRAIT February 22, 1991 Mr. Kirk McDonald Management Asst. City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: Don Harvey 2nd Addition Preliminary Plat Our File No. 99.15030 Dear Kirk: I have examined the preliminary plat of Don Harvey 2nd Addition. The only comment I have is that the legal description on the plat covers the proposed second addition as well as the land involved in the Don Harvey 1st Addition. The legal description needs to be modified to reflect only the land actually contained in the proposed plat of Don Harvey 2nd Addition. Please contact me if you have any questions. Sincerely, Martin P. Malecha s3f cc: Daniel J. Donahue Steven A. Sondrall, Es~. DEPARTMENT OF PUBLIC WORKS 320 Washington Avenue South Hopkins, Minnesota 55343-8468 PHONE: [6t2] 930-2500 FAX [612] 930-2543 TDD: [612] 930-2696 February 20, 1991 Kirk McOonald Assistant Community Oevelopment Coordinator City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Dear Mr. McDonald' RE: Proposed Plat - Don Harvey Second Addition CSAH 156, east side approximately 1300 feet south of CSAH 9 Section 17, Township 118, Range 21 Hennepin County Plat No. 1911 Review and Recommendations Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and have the following comments: - As shown on the proposed plat, the developer should dedicate 7 additional feet of right of way for a uniform 40 feet of right of way from and along the CSAH 156 centerline. - Access from the plat to CSAH 156 must be limited to Quebec Avenue. The existing driveway located approximately 220 feet north of Quebec Avenue must be removed and the area within County right of way restored. This restoration work requires an approved entrance permit. The developer can contact Dave Zetterstrom at 930-2548 for information and entrance permit forms. - All proposed construction within County right of way requires either an approved utility permit or entrance permit prior to beginning construction. The utility permit includes, but is not limited to, drainage and utility construction, trail development, and landscaping. Contact our Permits Office, 930-2549, for utility permit forms. - The developer must restore all areas, within County right of way, disturbed during plat construction. Please direct any response or questions to Doug Mattson at 930-2675. Sincerely, Dennis L. Hansen, P.E. Transportation Planning Engineer HENNEPIN COUNTY DLH/DBM'gk an equalopporluni~employer ll/Imnega o A Company of Divers~fi~l £nerg~s. [nc. September 19, 1990 Kirk McDonald Management Assistant City of New Hope 4401 Xylon Avenue North New Hope, MN. 55428 RE: Preliminary Plat of Don Harvey Addition Dear Mr. McDonald: With reference to the preliminary plat of Don Harvey Addition, Minnegasco, Inc. currently has an easement near the North line of the plat. I have enclosed a copy of Minnegasco's easement number 76-8, recorded with the Hennepin County recorder as document number 4256368. I request that this easement Be referred to on the final plat. Thank you for the advance notice and could you please send me a copy of the final plat when it is approved. Sincerely, Ste/ve-~ Yon Sargen / Real Estate Specialist Minnegasco, Inc. cc: R. J. Pilon, Minnegasco ?00 Wes~ L,mclen Avenue P.O. Box tX~ CITY OF NEW HOPE MEMORANDUM DATE: February 14, 1991 TO: Hennepin County Department of Transportation Minnegas¢o Northern States Power Co. U.S. West Telephone King Cable Television New Hope Director of Public Works New Hope Director of Finance/Administrative Services New Hope City Attorney New Hope City Engineer FROM: Kirk McDonald, Management Assistant/Community Development Coordinator SUBJECT: Preliminary Plat Don Harvey Second Addition Enclosed you will find a preliminary plat for Don Harvey Second Addition. Please review and forward comments to me prior to 4:30 p.m.on Fri4a¥o February 22, 1991. If you have questions, please feel free to contact me. CITY OF NEW HOPE P~'rNG C~%~E REPORT Planning Case: 90-27 Request: Request for Subdivision and Platting Location: 3920/40/60/80 Winnetka Avenue North PID No.: 17-118-21 32 0001 Zoning: I-1 (Limited Industrial) Petitioner: Winnetka Properties Report Date: September 28, 1990 Meeting Date: October 2, 1990 BACKGROUND 1. The petitioner is requesting subdivision and Preliminary Plat approval of the Don Harvey Addition located on the extension of Quebec Avenue currently under construction. The request is made pursuant to Chapter 13 of the New Hope Code of Ordinances. 2. The property is zoned I-1 Industrial and is proposed to be subdivided into five lots. 3. The site is an 11 acre parcel that was first developed in 1976 with two identical warehouses in the middle of the site sharing a back to back loading zone. The new plat follows the bisection of the acreage by Quebec Avenue and is being filed in conjunction with a proposed warehouse development for Lot 2, Block 2. No PUD is being requested. 4. The minimum lot area requirement for properties in the I-1 Zoning District is one (1) acre and the minimum lot width requirement is 150 feet. The lot area sizes and width of the proposed plat are outlined as follows: ~rea Width Lot 1, Block i 115,450 sq.ft, or 2.65 acres 307 ft.(on Winnetka) Lot 2, Block i 76,765 sq.ft, or 1.76 acres 218 ft.(on Quebec) Lot 3, Block i 75.040 sq.ft, or 1.72 acres 225 ft.(on Quebec) Outlot A 30,765 sq.ft, or .71 acres Lot 1, Block 2 52,970 sq.ft, or 1.21 acres 180 ft.(on Quebec) Lot 2, Block 2 84,495 sq.ft, or 1.94 acres 220 ft.(on Quebec) Street 31,208sq. ft. or .72 acres TOTAL 10.71 acres Ail lots meet the minimum area and width requirements. Planning Case Report 90-27 October 2, 1990 Page -2- 5. The Preliminary Plat has been sent to the appropriate City Department Heads, utility companies, and County agencies for review and comment. 6. Property owners within 350' of the request have been notified. 1. Staff has a concern with Lots 2 and 3, Block 1, as they are already developed but do not meet the I-1 35% Green area Fequirement do to the fact that the lot is almost totally covered with bituminous. 2. Staff has a concern with Outlot A standing on its own and recommends that it be combined with Lots 2 and 3, Block 1, as shown on the Attachment (One-Lot Option). The resulting lot would nearly meet the I-1 standards with the "front" asphalt replaced by sod. 3. Other problems that should be corrected on the site include: A. Construct a new driveway at northeast Quebec, as shown. B. Remove all outdoor storage including 50 pallets, semi-trailers, wire cages, trash, 30 barrels, inoperable vehicles, etc. C. Extend both Fire Department connections from the south walls to the common drive corner, as shown on staff sketch. D. Replace front asphalt with sod. 4. If the "One-Lot Option" is not acceptable to the petitioner or the Commission, then staff would recommend a "Two-Lot Option", as shown on staff sketch. Under this option the easterly lot line of Lot 1, Block 1, would be reduced by at least 50 feet and that strip would be added to Lot 2 for green space. Outlot A would then be combined with Lot 3 for green area, as show~ on staff sketch. 5. The petitioner needs to provide exact percentages to the staff on lot coverage and green area for these two developed parcels. 6. Another staff concern is that Lot 1, Block 2, is quite small and will not permit a building as large as the one proposed for Lot 2. No building approval on the north lot is Dart of thi~ petition. 7. Minnegasco has responded that they have an easement near the north line of the plat and this should be included in the final plat. 8. Hennepin County responded with 2 requests that should be incorporated into the plat: A. The developer should dedicate additional right of way so there is a minimum uniform 40 feet of right of way from and along the CSAH 156 centerline. planning Case Report 90-27 October 2, 1990 Page -3- B. Ail access from the plat to CSAH 156 should be limited to proposed Quebec Avenue. The existing driveway located approximately 220 feet north of proposed Quebec Avenue must be removed and the area within County right'of way restored. The other items outlined in the County letter regarding utility permits and restoration are routine. 9. The City Engineer has made a number of recommendations regarding grading/drainage, street/access, and sanitary sewer/water (a total of 9 in all). No drainage or utility easement are shown on any of the side or rear lot lines. Instead of repeating all of the issues in this report, staff directs you =o the attached letter from the City Engineer. RECOMMENDATIONS Due to the large number of items that need to be addressed on the preliminary plat to answer staff, County and the Engineer's concerns, staff recommends that the preliminary plat be tabled. Staff request the petitioner to specifically address all concerns and to submit a revised preliminary plat. Attachments: Section Map Preliminary Plat Staff Sketches, "One-Lot Option" "Two-Lot Option" Letter Re: Plat Review Minnegasco Response Hennepin County Response City Engineer Response CITY OF NEW HOPE MEMORANDUM DATE: February 28, 1991 TO: William Sonsin, Codes & Standards Committee Doug Watschke, Codes & Standards Committee Mary Zak, Codes & Standards Committee Dan Donahue, City Manager Alan Brixius, Planning Consultant FROM: Kirk McDonald, Management Assistant/Community Development Coordinator SUBJECT: March 5th Codes & Standards Meeting Codes & Standards Committee will be meeting on Tuesday, March 5th, 7:30 a.m., at Perkins in Golden Valley. We will be discussing ordinance revisions to the Floodplain Ordinance and Shopping Center Parking Requirements. Information regarding both subjects is attached. The Planning Consultant will be unable to attend the meeting, but has prepared reports on both subjects. The consultant feels that both of these issues are relatively minor and the Committee should have no problem reviewing these subjects. Due to the fact that Codes & Standards is meeting on the day of the Planning Commission meeting, you may want to pass your recommenda- tions on these two ordinance revisions on to the full Commission that evening. I have included these items on the agenda and sent a Codes & Standards packet to the full Commission in anticipation that this may occur. The recommendations from the Planning Commission would then be forwarded on to the City Council for consideration at the March llth Council meeting. On the other hand, if there is not a consensus on these ordinance revisions at the Codes & Standards meeting and you want further research/input from staff, we can delete these items from the agenda and delay them until the April 3rd Planning Commission meeting. Please contact me if you have any questions prior to the meeting. See you at 7:30 on Tuesday, March 5th. FLOODPLAIN ORDINANCE A. Backqround The Department of Natural Resources has sent the City a new model floodplain ordinance to reflect the changes in federal regulations that were actually effective in 1986. The model ordinance has been negotiated between FEMA (Federal Emergency Management Agency) and the Minnesota DNR. Every community in the National Flood Insurance Program is being required to amend their floodplain zoning ordinances. Federal law allows only 90 days from the time of the "official" DNR/Community contact for the ordinance to be amended. The letter the City has received does not constitute the "official" contact, however the DNR is requesting a copy of our draft ordinance by September 1, 1991. B. Httachments The model ordinance was referred to the City Engineer, city Attorney, Building Official and Planning Consultant for comment and review. Attached for your information are the following: 1. The current Floodplain Ordinance for the City of New Hope. The Floodplain District and the Wetlands District are referenced in Sections 4.17 and 4.18, respectively, of the New Hope City Code. The actual ordinances are found in Appendix D of the Code for administrative convenience. Note, however, that they are considered part of the Zoning Code and are to be administered, interpreted and enforced as such. The existing ordinance was last amended in 1980. 2. The July 1980 Flood Insurance Study prepared by the Federal Emergency Management Agency provides an overview of the community description, flooding problems,and flood protection measures. The study identified three primary flooding sources within the City: the Long Lake Outfall, Long Meadow Lake, and a local pond in the southwestern part of the City. 3. Correspondence from the DNR and the model Floodplain Management Ordinance. 4. Northwest Associated Consultants report, which provides a comparative analysis between the existing Floodplain Ordinance and the model ordinance. This report identifies the specific areas of the ordinance and issues that we should review at the Codes & Standards meeting. c. Comments 1. The City Engineer, City Attorney, and Building Official are still in the process of reviewing the ordinance and any comments that they have will be presented orally at the meeting. 2. One of the Councilmember has raised the question as to whether "walkouts" should be added to definition of "Basement" under Section 2.812 of the model ordinance. I will contact the DNR on this matter. 3. I have forwarded a copy of the Planner's report to our Area Hydrologist, Ceil Strauss, for review and comment. She will respond regarding each of the issues in the report prior to our meeting. ATTACHMENT 1 4.042 Zoning Map ......................... 4-46 4.043 Zoning District Soundaries ................. 4-46 4.05 "R-i' SINGLE FAMILY RESIDENTIAL 0ISTRICT ............. 4-47 4.051 Purpose .......................... 4-47 4.052 Permitted Uses, R-1 .................... 4-47 4.053 Accessory Uses, R-1 .................... 4-47 4.054 Conditional Uses, R-1 ................... 4-48 4.06 "R-2" SINGLE AND TWO FAMILY RESIDE~dTIAL DISTRICT .......... 4-50 4.061 Purpose .......................... 4-50 4.062 Permitted Uses, R-2 .................... 4-50 4.063 Accessory Uses Permitted, R-2 .............. 4-50 4.064 Conditional Uses, R-2 ................... 4-50 4.07 "R-3" MEDIUM DENSITY RESIDENTIAL DISTRICT .............. 4-50 4.071 Purpose .......................... 4-50 4.072 Permitted Uses, R-3 .................... 4-50 4.073 Accessory Uses, R-3 .................... 4-51 4.074 Conditional Uses, R-3 ................... 4-51 4.08 'R-4" HIGH DENSITY RESIDENTIAL DISTRICT .............. 4-53 4.081 Purpose .......................... 4-53 4.082 Permitted Uses, R-4 .................... 4-53 4.083 Accessory Uses Permitted, R-4 ............... 4-53 4.084 Conditional Uses, R-4 ................... 4-53 4.08A "R-5" SENIOR CITIZEN RESIDENTIAL HOUSING .............. 4-56 4.08A1 Purpose .......................... 4-56 4.08A2 Permitted Uses ....................... 4-56 4.08A3 Conditional Uses, R-5 ................... 4-56 4.08A4 Conditional Accessory Uses ................. 4-56A 4.09 "R-0" RESIDENTIAL-OFFICE DISTRICT ................. 4-57 4.091 Purpose .......................... 4-57 4.092 Permitted Accessory Uses, R-0 ............... 4-57 4.093 Conditional Uses, R-0 ................... 4-57 4.10 "B-i" LIMITED NEIGHBORHOOD BUSINESS DISTRICT ............ 4-59 4.101 Purpose . . . ' 4-59 4.102 Permitted Uses, B-1 .................... 4-59 4.103 Permitted Accessory Uses, B-1 ............... 4-59 4.104 Conditional Uses, B-1 ................... 4-60 4.11 "B-2" RETAIL BUSINESS DISTRICT ................... 4-61 4.111 Purpose .......................... 4-61 4.112 Permitted Uses, B-2 .................... 4-61 4.113 Permitted Accessory Uses, B-2 ............... 4-61 4.114 Conditional Uses, B-2 ................... 4-61 4.12 "B-3# AUTO-ORIENTED BUSINESS DISTRICT ................ 4-63 4.121 Purpose .......................... 4-63 4.122 Permitted Uses, B-3 .................... 4-63 4.123 Permitted Accessory Uses, B-3 ............... 4-63 4.124 Conditional Uses, B-3 ................... 4-63 4.125 Conditional Accessory Uses, B-3 .............. 4-67C 4.13 "B-4" COMMUNITY BUSINESS DISTRICT ................. 4-70 4.131 Purpose .......................... 4-70 4.132 Permitted Uses, B-4 .................... 4-70 4.133 Permitted Accessory Uses, B-4 ............... 4-70 4.134 Conditional Uses, B-4 ................... 4-71 4.14 "I-l" LIMITED INDUSTRIAL DISTRICT ................. 4-73 4.141 Purpose .......................... 4-73 4.142 Permitted Uses ....................... 4-73 4.143 Permitted Accessory Uses .................. 4-73 4.144 Conditional Uses ...................... 4-73 4.145 Special Requirements for all Limited Industrial Uses .... 4-77B 4.15 #I-2 GENERAL INDUSTRIAL DISTRICT ................. 4-78 4.151 Purpose .......................... 4-78 4.152 Permitted Uses ....................... 4-78 4.153 Permitted Accessory Uses .................. 4-78 4.154 Conditional Uses -'I-2 District .............. 4-78 4.16 BLANK ............................... 4-78 4.17 FLOOD PLAIN DISTRICT (FP) ..................... 4-78 4.18 WETLANDS DISTRICT (W) ....................... 4-78 4.19 PLANNED UNIT DEVELOPMENT DISTRICT (PUD) .............. 4-79 4.191 Purpose and Intent ..................... 4-79 (1) Application ...................... 4-79 (2) Special Procedures .................. 4-79 4.192 General Requirements and Standard for a PUD ........ 4-79 4.193 Residential Planned Unit Development, CUP, Requirements . . 4-81 4.194 Commercial or Industrial Planned Unit Development, CUP Requirements ................... 4-83 4.195 Mixed Use Planned Unit Oevelopment, Zoning Text Amendment . 4-83 4.198 Procedure for Processing a Planned Unit Development .... 4-84 4.197 Information and Documentation Requirements for Plan Submission ................. 4-89 4.20 ADMINISTRATION: CONDITIONAL USES, TEXT CHANGES, VARIANCES, ZONING APPEALS ............... 4-94 4.201 Special Zoning Procedures ................. 4-94 4.202 Decisional Process ..................... 4-94 Request for Special Zoning - mow Made''''''''' 4-94 (2) Request for Minor Variance .............. 4-97 4.21 CONDITIONAL USE PERMIT ....................... 4-97 4.211 Purpose of CUP ....................... 4-97 4.212 Criteria for Decision ................... 4-97A 4.22 VARIANCES ............................. 4-98 4.221 Purpose of Variance .................... 4-98 4.222 Additional Criteria for Decision .............. 4-99 4.23 TEXT CHANGES, APPEALS, AND PERFORMANCE BONDS ............ 4-99 4.231 Text Changes ........................ 4-99 4.232 Appeals from Administrative Action ............. 4-99 4.233 Performance Bond ...................... 4-99 4.24 DISTRICT BOUNDARIES ........................ 4-101 4.25 EXTENT OF R-1 SINGLE-FAMILY RESIDENCE DISTRICTS .......... 4-101 4.28 EXTENT OF R-2 SINGLE AND TWO FAMILY RESIDENTIAL DISTRICT ...... 4-101 4.27 EXTENT OF R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT ......... 4-102 4.28 EXTENT OF 8-4 HIGH DENSITY RESIDENTIAL DISTRICT .......... 4-103 4.28A EXTENT OF R-5 SENIOR CITIZEN RESIDENTIAL HOUSING DISTRICT ..... 4-104 4.29 EXTENT OF R-0 RESIDENTIAL-OFFICE DISTRICT ............. 4-105 4.30 EXTENT OF B-1 LIMITED NEIGHBORHOOD BUSINESS DISTRICT ........ 4-106 4.31 EXTENT OF 8-2 RETAIL BUSINESS DISTRICT ............... 4-107 4.32 EXTENT OF B-3 AUTO-ORIENTED BUSINESS DISTRICT .......... 4-108 4.33 EXTENT OF 8-4 COMMUNITY BUSINESS DISTRICT ............. 4-109 4.34 EXTENT OF I-1 LIMITED INDUSTRIAL DISTRICT ............. 4-110 4.35 EXTENT OF I-2 GENERAL INDUSTRIAL DISTRICT .............. 4-110 4.36 ADMINISTRATION - COST RECOVERY. - .................. 4-112 4.361 Purpose .......................... 4-112 4.362 Basic Zoning Fee ...................... 4-112 4.363 Zoning Deposit ....................... 4-112 4.364 Supplemental Zoning Deposit ................ 4-112 4.365 Refunds - Indirect Costs .................. 4-112 4.366 Refunds - Direct Costs ................... 4-112 4.367 Enforcement ........................ 4-112 ' 4~-5, 4.151, 4.152, 4.153, 4.154, 4.16, 4.17, 4.18 4.15 "I-2# GENERAL INDUSTRIAL DISTRICT 4.151 Purpose. The purpose of the "I-2" General Industrial District is to provide for the establishment of heavy industrial and manufacturing development and use which because of the nature of the product or character of activity requires isolation from residential or non- compatible commercial uses. The "I-2" District is also intended to provide for large scale activities of a sociological nature not suited to other districts, but reasonably compatible With the same characteristics suitable for General Industrial Use. 4.152 Permitted Uses. The following are permitted uses in an "I-2" District: (1) Less Intensive Use District. Any use permitted in the "I-l" Limited Industrial District: 4.153 Permitted Accessory Uses. The following are permitted accessory uses in an "I-2" District: (1) All permitted accessory uses allowed in an "I-l" Limited Industrial District. 4.154 Conditional Uses - 1-2 District. The following are conditional uses in an "I-2" District: (Requires a conditional use permit based upon procedures set forth in and regulated by Section 4.20). (1) Less Intensive Use District. Ail conditional uses allowed in an "I-l" Limited Industrial District. (2) Trucking Operation. Truck terminals and major truck repair provided the site is adjacent to an arterial street. (3) Health and Social Services. Private, non-profit social service organizations providing broad based family and individual activities of a health, athletic and social nature, provided the site is adjacent to an arterial street. (4) Day Care Centers. Group Day Care Centers operated in conjunction with a Health and Social Services use which qualified under (3) above. (Ord. 79-11, 84-3) 4.16 Blank. 4.17 FLOOD PLAIN DISTRICT (FP) The provisions of this Code pertaining to the Flood Plain District are found in the Appendix as Appendix D, for reasons of administrative convenience only, and are a part of the Zoning Code, and administered, interpreted and enforced as such. 4.18 WETLANDS DISTRICT (W). The provisions of this Code pertaining to the Wetlands District are found in the Appendix as Appendix D, for reasons of administrative convenience only, and are a part of the Zoning Code, and administered, interpreted and enforced as such. 4-78 072684 4.17, 4.171, 4.172, 4.173, 4.174, 4.175 APPENDIX D The flood plain (FP) and Wetland Systems District (W) of the Zoning Code are included in this Appendix D for administrative convenience. 4.17 Flood Plain District 4.171 Purpose. The Legislature of the State of Minnesota has, in Minnesota Statute Chapters 104 and 462, delegated the responsibility to local governmental units for adoption of regulations designed to minimize flood losses. The purpose of the FP District is to provide for the protection and preservation of water channels and those portions of the adjoining flood plains which are reasonably required to carry and discharge a regional flood and are subject to inundation by regional floods. It is the intent of the City that this district be applied to those areas which if left unrestricted, loss of life and property, health and safety hazards, disruption of commerce, utilities and governmental services, extraordinary public expenditures for flood plain protection and relief and result in impairment of the tax base could result, all of which adversely affect the public health, safety and general welfare. This district is and shall be applied in compliance with requirements of Minnesota Statutes, Chapters 104 and 462 as amended. In addition, Minnesota Regulations N. R. 85, as amended, shall be consulted in administering this district. It is intended that the regulations applying to the FP District be interpreted in such a manner as to result in compliance by the City of New Hope with the standards of Section 60.3(d) under Section 1361 of the National Flood Insurance Act of 1968, as amended. 4.172 Warninq and Disclaimer of Liability. This section does not imply that areas outside the Flood Plain District boundaries or land uses allowed within this district will be free from flooding or flood damages. This section shall not create liability on the part of the City of New Hope or any officer or employee thereof for any flood damages which result from reliance on this Code or any administrative decision lawfully made thereunder. 4.173 District Application. The Flood Plain District shall be applied to and superimposed upon Residential, Business and Industrial Districts as existing or amended by the text and map of this appendix. The regulations and requirements imposed by the Flood Plain District shall be in addition to those established by the Residential, Business and Industrial Districts of this Code. 4.174 District Subdivision. The area within a flood plain district is further divided into floodway and flood fringe. A floodway includes the channel of a river or stream and those portions of the adjoining flood plain which are required to carry and discharge the regional flood; a flood fringe includes the area outside of the floodway but subject to inundation by the regional flood. 4.175 Delineation of Flood Plain District. The Flood Insurance Study for the City of New Hope prepared by the Federal Insurance Administration and dated July, 1980, and Flood Insurance Rate Maps contained therein are hereby adopted by reference and declared to be a part of this appendix. The Flood Plain District for the City of New Hope shall include those areas which lie within the 100 year Flood Boundary on the Flood Insurance Map. (Ord. 80-9) D-1 072684 4.176, 4.177 (1) (5)(b) ~ 4.176 Rule for Interpretation of District Boundaries. The boundaries of the Flood Plain D~strict shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed to define more exactly the location of the boundaries of the district as sh6wn 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 Engineer shall make the necessary interpretation based on elevations on the regional (100 year) flood profile contained in the Flood Insurance Study and other available technical data. Any person contesting the location of the FP District boundary shall be given a hearing to present his case to the City Council and to submit his own technical evidence if he so desires, no more than 30 days following an adverse ruling by the City Engineer. (Ord. 80-9) 4.177 Use Permit. (1) - Permit Required. A use permit shall be required in the Flood Plain District prior to the erection, addition, or alteration of any building structure, use or land; and prior to the change, modification, or extension of a non-conforming building, structure or use. (2) Application and Fee. A use permit shall be applied for from the City. Said application shall be accompanied by a detailed written statement and/or plans describing the proposed change, modification, or alteration. An application fee of ten dollars shall be charged for each use permit and shall not be refunded. (3) Determination. Within ten days after the application for use permit, the City Engineer shall determine whether the change, modification, or alteration conforms to the requirements of all applicable City, State and Federal regulations and laws, and that applicable state and federal permits have been acquired. This time limit for determination of acceptability shall be automatically extended should a referal to another governmental jurisdiction be required. The applicant shall be advised in writing of the City Engineer's determination and findings, and if acceptable, a use permit shall be granted. (Ord. 80-9) (4) Certificate of Occupancy. Ail cases requiring a use permit shall also require a certificate of occupancy and shall be subject to the provisions of Section 4.22. (5) Performance Bond. (a) Upon approval of a use permit the City shall be provided with a surety bond prior to the issuing of building permits or initiation of work on the proposed improvements or development. Said bond shall guarantee conformance and compliance with the conditions of the use permit and the regulations and laws of the City. ; (b) The surety bond shall be in the amount of the City Engineer's and/or City Building Official's estimated costs of labor and materials for the proposed improvements or development. D-2 072684 ~ 4. 177 (5)(c) - (d), 4. 178, ~;.: :'''~-~,t~)'" (4) (c) The City shall hold the surety bond until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the use permit and the regulations and laws of the City has been issued by the City Building Official. (d) Failure to comply with the conditions of the use permit and/or the regulations and laws of the City shall result in forfeiture of the bond. 4.178 Variances and Amendments. (1) In addition to the procedures and requirements for variances and amendments as established in Sections 4.20 and 4.21, the commissioner of Natural Resources shall be give at minimum a ten day notice of any public hearing, and a review and written report must be obtained from the Minnesota Department of Natural Resources and any other governmental body or commission having jurisdiction for such changes, additions or modifications affecting a "FP" Flood Plain District. The Commission of Natural Resources shall be advised in writing of all decisions made regarding variances and amendments. (2) No variance or amendment shall have the effect of allowing a prohibited use within an "FP" District, permit a lesser degree of flood protection than the established flood protection elevation and/or permit standards lower than those required under applicable State law. 4.179 Permitted Uses. Uses having a low flood damage potential and not obstructing flood flows shall be permitted within the FP District to the extent that they are not prohibited by any other regulations or provisions of this Code and are allowed within the Residential, Business, or Industrial District which jointly applies, and provided they do not require fill, storage of materials or equipment, or structure (except as structures are permitted in paragraph (5) below) In addition, no use shall adversely affect the capacity of the channels, of floodways of any tributary to the main stream, or of drainage ditches or any other drainage facility or system. Permitted uses are limited to the following: (1) Agricultural. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, forestry, horticulture, truck farming, sod farming, and wild crop harvesting. (2) Residential.° Residential uses such as lawns, gardens, parking and play areas. (3) Industrial and Commercial. Loading areas and parking areas. (4) Private and Public Recreational. Recreational uses such as 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 trails. D-3 072684 4. 179 (5), 4.179A, 4. ~o~ (~) (5) Public Utilities. Public utilities and facilities such as gas and electrical transmission lines which have been flood-proofed in accordance with the State Building Code or elevated above the Regulatory Flood Protection Elevation; also water and sanitary sewer mains, public storm sewer mains and appurtenant structures, public streets, curbs, gutters, sidewalks and parking areas. (Ord. 80-9) 4.179A Permitted Accessory Uses. None. 4.179B Conditional Uses. The following open space uses require accessory structures (temporary or permanent), or fill or storage of materials or equipment. These uses may be permitted in the Flood Plain District only after the issuance of a Conditional Use Permit as provided in Section 4.20. (1) Permitted Uses. Uses shall be limited by the standards established by Section (2) below and as restricted by this Code as to the respective zoning districts. (a) Accessory Uses. Uses or structures accessory to open space or conditional uses. (b) Signs. Signs. (c) Extraction of Materials. Extraction of sand, gravel, and other materials. (d) Water Related Uses. Marinas, boat rentals, docks, piers, and water control structures. (e) Transportation and Utilities. Railroads, streets, bridges, utility transmission lines, and pipe lines. (f) Storage Yards. Storage yards for equipment, machinery, or material. Animal Housing. Kennels and stables. (h) Drive-in Theaters, Sales Operations. Drive-in theaters, car, machinery, or similar sales, roadside stands. (i) Towers. Radio transmitter towers, and appurtenant cables, grounds and lines. D-4 072684 4.179B (2) (a) (i) - (x) (2) Standards for Conditional Uses. (a) Procedure and Standards. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a conditional use which, acting alone or in combination with existing or anticipated future uses, affect the capacity of the floodway, or increase flood heights. Ail conditional use applications shall be accompanied by a flood impact statement drafted by a registered engineer. The City Engineer shall be responsible for a review and recommendation on the application and shall be responsible for submitting the proposal and application to the Department of Natural Resources and any other governmental unit having flood control jurisdiction over the area for review and written comment. In determining the acceptability of a proposed conditional use, the City Engineer and the City Council shall consider all relevant factors specified in other sections of this appendix and this Code, and: (i) Danger of Increased Height or Velocity. The danger to life and property due to increased flood heights or velocites caused by encroachments. (ii) Danger of Swept Away Materials. The danger that materials may be swept onto other lands or downstream to the injury of others. (iii) Water Supply an~ Sanitation. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. (iv) Flood Damage Susceptibility. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (v) Importance of Service. The importance of the services provided by the proposed facility to the community. (vi) Waterfront Requirements. The requirements of the facility for a waterfront location. (vii) Alternative Locations. The availability of alternative locations not subject to flooding for the proposed use. (viii) Compatibility with Other Developments. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (ix) Relation to Comprehensive Plan. The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. (x) Vehicle Access Safety. The safety of access to the property in times of flood for ordinary and emergency vehicles. D-5 072684 4. 179B (2) (a) (xi) (d) (i) (xi) Expected Flood Waters. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. (xii) Other Factors. Such other factors which are relevant to the purposes of this Code. (Ord. 80-9) (b) Fill. (i) Beneficial Purpose. Any fill proposed to be deposited in the floodway must be shown to have some beneficial purpose and the amount thereof must not exceed that necessary to achieve the intended purpose, as demonstrated by a plan submitted by the owner showing the uses to which the filled land will be put and the final dimensions of the proposed fill or other materials. (ii) Protection of Fill. Such fill or other materials shall be protected against erosion by rip-rap, vegetative cover, or bulkheading. (c) Structures (Temporary and Permanent). (i) Not for Human Habitation. Structures shall not be designated for human habitation. (ii) Low Flood Damage Potential. Structures shall have a low flood damage potential. The structure or structures, if allowed, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and so far as practicable, structures shall be placed approximately on the same flood flow as those adjoining structures. (iii) Anchoring. Structures shall be firmly anchored to prevent floatation which may result in damage to other structures and/or restriction of bridge openings and other narrow sections of the stream or river. (iv) Utilities. Service facilities such as electrical and heating equipment shall be installed at or above the regulatory flood protection elevation for the particular area to be flood proofed. (d) Storage of Material and Equipment. (i) No Flotation. The storage or processing of materials that are in time of flooding buoyant, flanunable, explosive, or could be injurious to human, animal, or plant life, is prohibited. D-6 072684 ,. 4.179B (2)(d)(ii) - (3) . 4.179C, 4.18, 4.181 (1)(2) (ii) Anchoring. Storage of other materials or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or readily removable from the area within the time available after flood warning. (e) Garbage and Solid Waste Disposal. (i) No Waste Disposal Sites. No conditional use permits for garbage and waste disposal sites shall be issued for floodway areas. (ii) Expansion of Site. There shall be no further encroachment upon the floodway at existing sites. (f) Structural Works for Flood Control. Structural works for flood control such as dams, levees, dikes, and floodwalls, shall be allowed only upon issuance of a conditional use permit. In addition, any proposed work in the beds of public waters which will change the course, current, or cross-section of the waters shall be subject to the provisions of Minnesota Statutes 1969, Chapter 105, and other applicable statutes. (g) Flood Proofing Requirements. When flood proofing is permitted or required under this Code, such structure or use shall be flood-proofed in accordance with the requirements of the State Building Code. The City Engineer shall maintain a record of the elevation of the first floor (including basement) of all new structures or additions to existing structures in the Flood Plain District. He/she shall also maintain a record of the elevations to which structures or additions to structures are flood-proofed. (Ord. 80-9, 80-12) (3) Flood Fringe. (Deleted by Ord. 80-9) 4.179C Amendments to Sections 4.17 through 4.179C. Pursuant to M. S. 104.04 Subd. 4, amendments to Sections 4.17 through 4.17C shall be submitted to the Commissioner of Natural Resources of the State of Minnesota for review and approval prior to adoption. 4.18 Wetland S~stams District (W) 4.181 Purpose. The Wetland Systems District (W District) is a district relating to low lands, marshes, wetlands, drainage ways, water bodies, and watercourses regulating alteration and development of such lands and provided for the issuance of permits therefore, and specifically to: (1) Reduce Hazards. Reduce danger to the health, safety and welfare of the residents of New Hope by protecting surface and ground water supplies from the impairment which results from incompatible land uses and alterations, and by providing safe and sanitary drainage. (2) Restrict Development. Restrict and control land development so it will not impede the flow of flood water or cause danger to life or property. D-7 072684 4. 181 (3) - (6), 4. 182, 4.183 (1) - (3) (3) Designated Land for W District. Designate suitable land uses that are compatible with the preservation of the natural vegetation and marshes which are a principal factor in the maintenance of constant rates of water flow through the year and which sustain many species of wild life and plant growth. (4) Runoff Regulated. Regulate runoff of surface waters from developed areas to prevent pollutants such as motor oils, sand, salt and other foreign materials from being carried directly into the nearest natural stream, lake or other public or private waters. (5) Alteration of Wetlands Regulated. Regulate the alteration of wetland systems to prevent excessive sediment pollution, increased and rapid water runoff, excessive nutrient runoff pollution and to maintain the aesthetic appearance of the wetlands. (6) Protection of Watercourses. Prevent the development of structures in areas which will adversely affect the public passage and use of creeks, marshes, low lands and watercourses within the City. 4.182 District Application. (1) Joint Application. The Wetland Systems District shall be applied to and superimposed upon all residential, commercial, or industrial districts contained herein existing or amended by the text and map of this Code. The regulations and requirements imposed by the "W" District shall be in addition to those established for the district which jointly applies. Under the joint application of districts, the more restrictive requirements shall apply. (2) District Boundary Definition. The Wetland Systems District within the City of New Hope is defined and established to include those areas adjoining and including any watercourse, natural drainage system, water body, or wetland, that may be subject to periodic flooding, overflow, or seasonally high water tables. The specific district boundary lines shall be established by the City Engineer and approved by the City Council. All proposals to adjust a wetland systems district boundary line shall follow the same administrative procedures as outlined in Section 4.20. In addition, the applicant must submit engineering data that clearly indicates the magnitude of impact on the wetland system, if any, that will result from the proposed development. 4.183 Permitted Uses. The following operations and uses are permitted in the "Wetland Systems District" as a matter of right, subject to any other applicable code, ordinance or law: (1) Certain A~ricultural Uses. Grazing, farming, nurseries, gardening, and harvesting of crops. (2) Forestry. Sustained yield foresty and tree farms. (3) Conservation. Conservation of soil vegetation, water, fish and wildlife. D-8 07268~ 4.183 (4) - (6), 4.184, 4.1ss (1) (4) Research and Education. Scientific research and educational activities that teach principles of ecology and conservation. (5) Recreational Activities. Leisure activities such as hiking, nature studies, canoeing, boating, camping, water-skiing, skin- diving, horseback riding, field trails, and general outdoor recreation including play and sporting areas that are not inconsistent with the intent of this Code. (6) Essential Services. 4.184 Prohibited Uses. Except as may hereinafter be permitted, it shall be unlawful for any person to: (1) Fill. Place, deposit or permit to be deposited, debris, fill or ~ny material including structures into, within or upon any water body, watercourse or wetland, flood plain or natural drainage system. (2) Dredge. Dig, dredge, or in any other way alter or remove any material from any water body, watercourse, wetland, flood plain, or natural drainage system. (3) Build. Erect structures for human habitation. (4) Change. Create ponds, dam or relocate any watercourse, or change the natural drainage system. (5) Clear Vegetation. Clear and/or cut trees or other vegetation. (6) Store. Permanently store materials. (7) Signs. Erect signs. (8) Waste Disposal. Dispose of waste materials, including but not limited to sewage, garbage, rubbish and other discarded materials. 4.185 Development Regulations. ' (1) Development Application. Land owners or developers desiring to develop land or construct any dwelling or any other artificial obstruction on land located within any of the wetlands district within the City of New Hope shall first submit a conditional use permit application as regulated by Section 4.20 and a plan of development, hereinafter referred to as "a wetland systems impact plan", which shall set forth proposed provisions for sediment control, water management, maintenance of landscaped features, and any additional matters intended to improve or maintain the quality of the environment. Such a plan shall set forth proposed changes requested by the applicant and affirmatively disclose what, if any, change will be made in the natural conditions of D-9 072684 4.tBS (1) (2) ~' destruction of trees, grade changes and its effect, if any, upon lakes, streams, water courses and marshes, lowlands and wetlands in the area. The plan shall minimize tree removal, ground cover change, loss of natural vegetation, and grade changes as much as possible, and shall affirmatively provide for the relocation or replanting of as many trees as possible which are proposed to be removed. The purpose of the wetland systems impact plan shall be to eliminate as much as possible potential pollution, erosion and siltation. (2) ~i~h ~ater Elevation. For lakes, ponds, or flowages, no structure, except boat houses, piers and docks, shall be placed at an elevation such that the lowest floor, including basement floor, is less than three feet above the highest known water level. In those instances where sufficient date on known high water levels are not available, the elevation of the line of permanent shoreland vegetation shall be used as the estimated high water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize, and construction shall not begin until the property has been inspected by the Building Official. D-10 072684 ATTACHMENT 2 FLOOD INS'URANC STUDY CITY OF NEW HOPE, MINNESOTA HENNEPIN COUNTY JULY 1980 federal emergency manage~-~nt agency federal insurance administration rnMMIJNITY NUMBER - 270177 TABLE OF CONTENTS Page 1.0 INTRODUCTION 1 1.1 Purpose of Study 1 1.2 Authority and Acknowledgements 1.3 Coordination 1 2.0 AREA STUDIED 2 2.1 Scope of Study 2 2.2 Community Description 2 2.3 Principal Flood Problems 7 2.4 Flood Protection Measures 8 3.0 ENGINEERING METHODS 9 3.1 Hydrologic Analyses 9 3.2 Hydraulic Analyses 12 4.0 FIJ~ ~OD PLAIN MANAGEMENT APPLICATIONS 14 4.1 Flood Boundaries 14 4.2 Floodways 15 5.0 INSURANCE APPLICATION 16 5.7~ Reach Determinations 16 5.2 Flood Hazard Factors 17 5.3 Flood Insurance Zones 17 5.4 Flood Insurance Rate Map Description 18 TABLE OF CONTENTS (Continued) . Page ~-~ 6.0 OTHER STUDIES- 18 7.0 LOCATION OF DATA 20 8.0 REFERENCES AND BIBLIOGRAPHY 20 FIGURES Figure 1 - Vicinity Map 3 Figure 2 - Floodway Schematic 16 TABLES Table I - Summary of Discharges 12 Table 2 - Flood Insurance Zone Data 19 EXHIBITS Exhibit I - Flood Profiles North Branch Bassett Creek Panel 01P Bass Creek Panel 02P Exhibit 2 - Flood Boundary and Floodway Map Index Flood Boundary and Floodway Map PUBLISHED SEPARATELY: Flood Insurance Rate Map Index Flood Insurance Rate Map ii FLOOD INSURANCE STUDY CITY OF NEW HOPE, HENNEPIN COUNTY, MINNESOTA 1.0 INTRODUCTION 1.1 Purpose of Study This Flood Insurance Study investigates the existence and severity of flood hazards in the City of New Hope, Hennepin County, Minnesota, and aids in the administration of the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973. This study will be used to convert the City of New Hope to the regular program of flood insurance by the Federal Insurance Administration (FIA). Local and regional planners will use this study in their efforts to promote sound flood plain management. In some states or communities, flood plain management criteria or regula- tions may exist that are more restrictive or comprehensive than those on which these Federally-supported studies are based. These criteria take precedence over the minimum Federal criteria for purposes of regulating develoDment in the flood plain, as set forth in the Code of Federal Regulations at 44 CFR, 60.1 (d). In such cases, however, it shall be understood that the state (or other jurisdictional agency) shall be able to explain these requirements and criteria. 1.2 Authority and Acknowledgements The source of authority for this Flood Insurance Study is the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973. The hydrologic and hydraulic analyses for this study were performed by Edwards and Kelcey, Inc., for the Federal Insurance Administration, under Contract No. H-3983. This study was completed in May 1979. 1.3 Coordination Streams requiring detailed and approximate study were identified at an initial coordination and time and cost meeting attended by representatives of the Study Contractor, the FIA, and New Hope on March 8, 1976. Base maps were coordinated with the City Manager; the Public Works Supervisor; and representatives of the Minnesota Department of Natural Resources; the FIA; and Bonestroo, Rosene, Anderlik & Associates, City Engineers. Actual mapping was obtained from the city. Flood elevations and flood boundnrics were reviewed by representatives of Bonestroo, l{oscne, Andcrlik & Associates, City Engineers; the Minnesota Department of Transportation; the Hennepin-County Highway Departfnent; the U.S. Army Corps of Engineers (COE); the U.S. Department of Agriculture, Soil Conservation Service (SCS); the U.S. Geological Survey (USGS); the Bassett Creek Watershed District; the Bass-Shingle Creek Watershed District; the Minnesota Department of Natural Resources; and the Public Works Supervisor. Approval by the Inter-Agency Review Committee was received on M~rch 10, 1978. This-review was subject to revisions in a letter dated April 3, 1978. On October 25. !97.q, the results of the work by the Study Contractor were reviewed and accepted at a final coordination meeting attended by repre- sentatives of the Study Contractor, the FIA, and New Hope. 2.0 AREA STUDIED 2.1 Scope of Study This Flood Ins,~ranc,~ S~Idy covers the incorporated area of the City of New Hope. The area of study is shown on the Vicinity Map (Figure 1). The areas studied by detailed methods were selected with priority given to all known flood hazard ~reas, and areas of projected development or proposed construction through March 198!. Approximate ~,~et~c~s: of ,'.~.naiysis ,,,;err.- used to study those areas having a low develop.'.,~ent p,,>t, ential or minimal flood hazards. The scope and methods of study 7¢e.,'e proposed to and agreed upon by the FIA and the City of Ne~v Th~ flooding sources studied by detaiied metho(~ are listed below: a. North Branch Bassett Creek, in south-central New Hope, for the entire reach within the corporate limits; and b.Bass C:reek, in northwest New Hope, for the entire reach within tt~.e corporate limits. · .. - ' appro~"m~e~'litet~cxl~ a~e: Long Meadow eor~ ~mit;~l~ldi:ne' Lake ~ uorth-central New Hope; and Local ~~thwestern New Hope, for its entire reach within the city. '2.2 Community Description The east-central community of New Hope is located in the northwestern quadrant of tl;e Twin Cities metropolitan area as a second-tier suburb of Minneapolis. New Hope is bordered on the south by the community of ' ; ..... "~ ,~, -.~'"'., I ''v' .~ ~.~ .... ' --t' ,'.:..:~'" ~ ' ......... "~ .' ~....' - ~...~ ~ .......... ~ ,- .... ? - . ~., ---- -"~'-- ~' ~ . .... ~ . ~, . . .-.~; ~ ~' . ~ :~':, ~ . .'.' i .'.,?-,.~ .' - .1 ' '~ ' '" - ' ' ":~ '~'~ ~ '"'~ ~ :':" ~ -' ~- ~ ........ ::'. , ..' ........ - .... ;" " u,~~' . ~..., , . ,-~-.~ -. ' I ~ '"~ 7'~<~ -" ........~.' ~ ~ City of, New.~.. Hope,. '~: ' = 7 -. ' ~:~'~ .. :; ......... ,~ ~- : .i .... t:: ~ ~ . I~ ;~ ..' .'.:..~ ' ~'~:a' :'-' =: ',: ,~7 " "~ · . "' '. . -.. ..... .. --.,* ** . } ~. ,~ ,- II 5 .?' ~,.~-~,' -- ..--' ~- e .... ~'.,~"~. ~s "' '~--~ i ~Z' ' e'.'~": .1 , .' ~1. ' . .. :. .~. ,:-~ FIG~RE Golden Valley, on the west by the City ol' Plymouth, on the north by the City of Brooklyn Park, and on the east by the City of Crystal. The 1978 population estimate of Ne'.~ ~{(;pe was 22,630, a -12.6 percent change from the 1970 population of 23,180 (References l and 2). New Hope was incorporated as a city in 195.5 with a population of under 1,000 persons. Spurred by outward n:igra~ion f!'om the central city. Minneapolis, primary growth occurred in ~he yeats 1~,62-72. The ~ecent decrease in population is due to a shift toward s?:.:{I, ier family sizes and a resultant decrease in population densities. The climate ct' the are~ is su~humid, ~harac~erized by large seasonal variations in tem~,e~'ature, norm:~lly sufficient rainfall for crops, and moderate snowfa!i. Fh(~ summer's a~e warm and moderately humid, with oecas~ou.,i short ~_,e:~cd~ ~.~ ho~. ~ery humid weather. The winters are cold ~.nd moderate{y ht~m~d, l'~e mean :mnual temperature is 44.1 degrees Fahrenheit (}:.) :,v[th the variation in mean monthly temperatures varying between 12.2 de?ee'q F. in January to 7[.~ dc. grees F. in July. In summer (June to August. mcl(~sive), the average m~nthly temperature ranges from a high of 80.l degrees F. to - ~.ow of ~a..~.~ ,~.~..~.v~-~ F. in winter (December to February inclusive). ?~. .... .-:<~:r~ mon~.h!y high is 24.6 degrees F. and the average monthly icky ~:, ~ ~ :"~7;rees F, (+lefe,~enee 3). Annual precipitation averages 25.9 inches ;~q :~ ~as .'-,ng'e(l from ~ low of 11.5 inches in 1910 to a high of t0.1 inci;es ' ~tl '~:,e mean monthly precipitation varies from about 4.0 inches W &me to w>c~ut 0.7 inch in January; approximately 70 ~,,. .... ~t~=tio,~ ¢cc:trs during ~he growing season. Snowfall percent of t~e ~. =-:~'~ ' averages about ~11 inches ~nnua~ly and represents approximately 17 percent of the total precip?:~tion. Snowf'all extremes range from 88.9 inches during the 1950-5l season to [4.2 inches in 1930--3l. Intense summer thunder- storms are eo~n:~,on an~ at'e oeca~ion:al~v ~ceompanied by tornado activity. A record sumn, e? :~orm t'ecm'ded at the Minneapolis-St. Paul ~ternational Airport eceurved durin~ .~'.~gust 1977 when 7.25 inches of rain fell in a 5- hour period ~.~d w~s a~co;'~pa~[ed ~y ~igh wiads. Winter storms with high winds (musing ~2v~re bi~zzarO conditions eeeur occasionally. The worst winter ~to,m :~t' :-~ccc,~ ccc irred January t0-11, 1975, when 7 inches of snow fell in ~t ').t-hca.ir ~ec:.,>4 ~.~4 ;.va~ ace~)mpan~ed by winds of up to 60 mph. The record 24-heur -.nev~fa{[, as ~..eeerded at the Minneapolis-St. Paul Inter- national Airport.. '.,ms [~;.2 inctms on ~ovemoer 12, 1940. Th~. rolling ,op,Jgrapk:~ and ~uil ty~es %trod in the w~tershed area are typict~' ' ~ .... ~.!~ f'c~c~c~ ~.-, ~,i]~tci~d !c~)~e.i~!es. '=~'~ most ~'ecentty deposited glacial ti~ in tl~e area v,a~ ,.jeu(:sib>d ,ui~h ~he ['etre[,[ <,~ cite (h,antsburg Sublobe of the ~es Moines Lobe during the W~.sconsin 7lac[a1 period. The glacial drift left ~ehind is a heterogeneo,~s mixtu,e :,f ~ar~d. . =~.. and clay; the thickness is somew~t greater than 100 feet and var'lc3 [hrougiaout the watershed. The extent to which soii" ' [ype= affect the runoff from the watershed depends upon the duration of the rm~off aeriod. [n an urbanized watershed, where large portions of the watershed are covered with impervious surfuce.~ cultured vegetation such as grass, shrubs, and trees, the nature ct' the underlying till is of less importance for storms of short duration. For these storms, the amount of water which infiltrates into the soil is more largely affected by the type of cover and soil, which is often imported, to support lawns and other vegetation. For longer duration storms, the surface soils are generally well-drained and have a surface layer of grayish loam or clay loam and a subsoil of light clay loam. They are moderately permeable and have a high available moisture capacity. The topographic relief of the North Branch Bassett Creek and Bass Creek watersheds is about 210 feet. The western watershed boundary is about elevation 1,000. From this point east, the northern and southern boundaries drop to approximately elevation 800 where the creeks enter the Mississippi River. Extensive urbanization has greatly altered the natural topography the watershed, although drainage patterns generally follow natural w~ter- shed boundaries. There are numerous lowlands and depressions located throughout the watersheds. Old maps of the areas indicate that iai'ge percentages of these suburbs were lowlands and marsh. There are several large lakes in the watersheds, and a few smaller lakes, some of which are unnamed. In the process of urbanization, many of the marsh areas which existed prior to extensive development have been eliminated through filling and building. Except for those lakes which are located along the main stems of the creeks, very little marsh and lowland have been preserved. The North Branch Bassett Creek watershed is located in the northwestern portion of a bedrock structure underlying the Minneapolis-St. Paul metropolitan area, which has a gentle slope to the southeast. The bedrock is overlain by a layer of glacial drift which tapers from over 200 feet thick in the western portion of the watershed to approximately 25 feet thick in the southeastern portion of the watershed in Minneapolis. Generally, there is no uniform relationship between the existing surface topography and the bedrock structure. ~lhe city is underlain by up to 100 feet of St. Peter Sandstone except in northwest portions. The watersheds are underlain by 5 major bedrock aquifers: the St. Peter Sandstone, Prairie-du-Chien Dolomite, JoT'dan Sandstone, Franconia-Galesville Sandstones, and the Mt. Simon-Hinckley Sandstones. In addition, there are numerous aquifers in the glacial ~rift. Some groundwater from the glacial drift and the St. Peter aquifer dis- charges into Bassett Creek and Bass Creek. The remaining aquifers discharge into the Minnesota River and the Mississippi River, the movement of which is complicated by intersecting rift valleys. The groundwater in all the major aquifers and glacial drift is of the calcium bicarbonate type. A land use study of the Bassett Creek watershed has been made using land use zoning maps, recent aerial photographs, and field verification procedures (Reference 4). Of the 26,560 acres of the watershed, mately 29 percent, or 7,710 acres, are presently undeveloped. The prinlary la,id use is residential, comprising approximately 44 percent of the to~al watershed area. Commercial and industrial land use comprises approximately 12 percent, or 3,240 acres, of the watershed. Lands i~or parks, open space, public, and semipublic use account for approximately 10 percent, or 2,600 acres, of the watershed area and approximately {,320 acres, or 5 percent of the total area within the watershed, is occupied by ~-~ open water. Prior to settlement, the city was located at the junction of 2 major cover, types. The south and eastern portion of the city was covered by a predominantly oak forest interrupted by tall grass prairie and marsh. The northern and western areas were covered by a dense deciduous climax forest known as the "Big Woods." Elm, sugar maple, and basswood are representative tree species. Scattered remnants of this forest are stil! present throughout much of its original range. Natural vegetation in New Hope has been greatly altered by agricultural development and increasing urbanization. Remaining vegetation is typical of the Eastern Deciduous Forest-Temperate Grassland interface. With farming rapidly diminishing, urbanization is occurring in former agricultural areas and pressure to develop existing natural areas is also occurring. In addition to the forested areas, numerous wetlands were once present in the central and eastern portions of the city; but the majority have been drained or filled for development. Remnants of forest cover as well as landscaped plants provide shade and shelter for many homes and add to the aesthetic quality of the city. Common species in the landscaped plants include a variety of maples, weeping willows, flowering plums, lindens, and numerous flowering shrubs and herbaceous material. Residents have made it known that they wish to keep areas in their "natural" state wherever possible. Many yards adjacent to the study creeks resemble prime parkland. Included in this category are the numerous recreation areas located throughout the watershed, which provide habitat for birds and small mammals. The major drainage feature in North Branch Bassett Creek is a 42-inch to 48-inch culvert beginning at 36th Avenue North, just upstream of the Minneapolis Northfield and Southern Railway, and continuing to Louisiana Avenue, downstream of the New Hope city limits. This tunnel extends approximately 1,400 feet and the restrictive hydraulic capacity controls upstream water-surface elevations. This, in conjunction with restrictive culverts at the service road and Winnetka Avenue, effectively controls discharge in this reach of the North Branch Bassett Creek. A second significant drainage feature is the combination weir/culvert located at Boone Avenue. The weir controls low flow water levels on the North Branch Bassett Creek along Northwood Parkway. The former marsh has been ~redged and enlarged to provide a permanent low water pond and a significant amount of storage during peak flows. Third, there is a ~ignificant amount of natural storage located upstream of County Road 18 in the City of Plymouth. This area is important for the mitigation of flood flows within New Hope. The Bassett Creek Flood Control Commission recognized this and will require maintenance of existing 100-year storage volumes during the high density residential development anticipated for the area. One major drainage feature along Bass Creek is the culvert under 62nd Avenue North. Restrictive hydraulic capacity limits discharge and defines a single 100-year water-surface elevation for the reach within New Hope. A second hydraulic structure =~eated 4,500~ feet downstream in the City Brooklyn park also has sOme 'eofiirol on the water-surface elevations witimin New Hope. This structure, loeated under Water Works Road, is schedulcd for replacement in the immediate future and is discussed in more detail in the Hydraulics section of this report. Development in New Hope has been primarily residential in nature; 98 percent of ultimate residential growth has already occurred. Commercial growth is scattered throughout the city and has developed to service the surrounding single-family and multi-family housing. Existing industrial development has been restricted to 2 primary areas: along County Road 18 in the "Science Center" area, and east of Winnetka Avenue between Medicine Lake Road and 36th Avenue North. Within the City of New Hope, development has occurred adjacent to the 100-year flood plains. Some basement walk-outs are threatened during periods of high water and localized intersection flooding occurs due to summer thunderstorms, but in general, development has been restricted to areas outside the flood plain. Virtually all of the 100-year flood plains are in parks or open space usage. A portion of the North Branch Bassett Creek flood plain is in industrial use (location for radio towers). The Bass Creek watershed within the city is now in residential and open space usage, although the open space area will become commercial/industrial in the future. The approximate study areas tributary to these 2 streams are in residential and open space usage. 2.3 Principal Flood Problems Flooding in New Hope has occurred both from summer rainstorms and spring snowmelt runoff. The large number of isolated flooding events which have occurred have been recorded in little or no detail. Residents have indicated that while most of the isolated instances of flooding have resulted from summer thunderstorms, flooding has not been strictly limited to that cause. A recent incidence of severe flooding was due to a combination of long duration spring rainfall and snowmelt. On April 27, 1974, about 2.25 inches of rain fell in a 24-hour period, generally throughout the watershed tributary to New Hope. Although this storm approximated a 1-year frequency rainfall event, its effects were probably comparable to a 25-year frequeney runoff event due to antecedent conditions (Reference 4). A substantial spring snowmelt ended approximately April 15, and was followed by several days of moderate precipitation. As a result of the snowmelt and subsequent period of moderate precipitation prior to the 27th, the soils throughout the watershed were in a saturated condition and much of the natural upland dei;a'ession stoeage was full prior to the rainfall event of April 27th. ~_ _Due~ to the natural storage in the Bass Creek watershed upstream from New , and the lack of development adjacent to the creek within the city recently, there are no historical indications of past flood events in the New Hope area. Development in the North Branch Bassett C:'eek flood plain has occurred over a longer period or' time. There has been historical re£'erenee to t'lood events throughout the Bassett Creek watershed. These will be documented as follows: On-September 5, 1903, 5 inches of raip in l0 hours caused extensive flooding at the conduit er~.tranee in N~,rth ~Iinneapolis; In June 1.942, flooding at the conduit entrance m North Minneapolis has been estimated as having a 50-year recurrence interval (Reference 4); On June 6, t974, 3.5 inches of rain in a 6-hour period, a 25-year event, caused sanitary sewe:' backup in New l-lope due to excessive infiltration into wastewater coLleetic, n facilities. Also, many street intersections and other tow-lying areas were inundated. On April ~?, 1~75, 2.25 inches of rain in' a 24-hour oeriod, a 25-year event, was aggravated by saturated antecedent conditions ,,-,~ .-.~,.~:~c~. samtary sewer bae!<uo in New Hope due to excessive infiltration . .~.- ..... ~er co[!ec~ion facilities, Also, many street ~ntersections were ,~,:'.n,?.:ed. And on July 6, 1978, a summer ~-ainstorm dropped 3 ~o 5 inches of ?~in 9vet the watershed in a period o~' 2 hours, causing flooding along the North Br~nch Bassett Creek within New Hope. Flooding reached an eievat:ion of 858.83 at the Boone Avenue crossing (Reference 5). This '~e~'~s~3e;~.d$ to a 100-year ~et:::~:~ h'equency. Flooding resulted in inundation of g'z, lkout basements ac, j~o~:, ,~ to the Norr. h Branch Bassett Creek, some sanitary :~.ewer backup, ~r:.~ :nt~,:.=.ection floociing. This storm also produced ~ome ba3ement flooding ~long Bass f?eek. 2.4 ~ ~oo~' P,?etec~.ion ~teasures The COE has been authorized by Congress to study flooding problems within the ~ortb Branch .~a~set~ Croci< ?,'~'~e~i~ed. The pi. an selected for additional anaiysis includes modificad~ ,?f certain restrictive hydraulic structures and provision for additional ~torage areas, both within and adjacent to the 100- year ?.ood plain. While modifications to the North Branch are anticipated, none will ~£ffec~ ~he reach within New Hope. Flood plain development con~rols ~.dminis~e~.'ed c)y the FIA and the 8assert Creek Flood Control .-\dm~nistraLion are deemed sui'ficient to keeF flood plain damages at the present minor level. The Bassett Creek Flood Control Administration was formed i:~ [96~ by adoption o~ a Joint Powers Agreement among nine munici[~,.!~.ties which have all or part of the:r total area located within the Basse,.~ ~eek watershed. The Commission mandate is to prepare a man~G~,~e.ut plan, insure compliance wi~h that plan, and insure cooperation '.?. it. ~.~?,i-=men~a~ion. The plan was prepared and adopted in February 1972, anc~ ~t'.~ ~een used for the managemen~ of water resources, flood plains, and · ~:~:' :~{[ed },alld uses. The ma~ement plan includes [00-yes. r profile "envelopes" based on ~ma~e watershed conditions anticipated at the time of the study and is therefore more ~'es~rictive than profiles prepared for the Flood Insurance Study ~>ased on existing conditions. Modifications contained in the report awJ ;eheduled for the City of ~,~ew Hope have been completed. These consist o~ provisions for additional ~torage upstream of the 36th Avenue Not'th tm'mol entrance. The report also states for the Rockford Road Stm';=~ge S{~e: North of County Road 9 and west of County Road 18 in Plymouth ,is. an area which is residential development. In the center of this area lies a pote~ti~l stol',~ge site which may be developed either as a large inundation area or a s,nailer inundation area with a pond. Details of this proposed ponding area have been 'discussed in a report to the ViLlage of Plymouth regarding storage requirements in the area. This plan proposes the same general method for development except that the flood elevations and volumes shown represent those relating to a 100-year frequency. The management plan has not considered any storage in this area which would not be long term -- that is, total storage of the 100-year runoff (60 acre-feet) with a detention time in the neighborhood of 7 to 10 days. This storage site is required in conjunction with the other storage sites recommended'for this branch of the creek in order to provide long term, total storage of the 100-year runoff and provide a smaller, more uniform discharge to the main channel (Reference 6). In Bass Creek, a restrictive hydraulic structure located 4,200 feet downstream from the New Hope corporate limits is scheduled for replacement during the summer of 1979. This structure is located in the community of Brooklyn Park at Water Works Road. The replacement of this structure will lower water-surface elevations in New Hope approximately 3.3 feet. There are no further flood protection measures anticipated for this stream reach. 3.0 ENGINEERING METHODS For the flooding sources studied in detail in the community, standard hydrologic and hydraulic study methods were used to determine the flood hazard data required for this study. Flood events of a magnitude which are expected to be equalled or exceeded once on the average during any 10-, 50-, 100-, or 500-year period (recurrence interval) have been selected as having special significance for flood plain management and for flood insurance premium ratesz These events, commonly termed the 10-, 50-, 100-, and 500-year floods, have a 10, 2, 1, and 0.2 percent chance, respectively, of being equalled or exceeded during any year. Although the recurrence interval represents the long term average period between floods of a specific magnitude, rare floods could occur at short intervals or even within the same year. The risk of experiencing a rare flood increases when periods greater than one year are considered. For example, the risk of having a flood which equals or exceeds the 100-year flood (one percent chance of annual occurrence) in any 50- year period is about 40 percent (four in ten), and for any 90-year period, the risk increases to about 60 percent (six .in ten). The analyses reported here reflect flooding potentials based on conditions existing in the community at the time of eomi)ietion of this study. Maps and flood elevations will be amended periodically to rel4eet future changes. 3.1 Hydrologic Analyses Hydrologic analyses were carried out to establish the peak discharge- frequency relationships for floods of the selected recurrence intervals for each flooding source studied in detail affecting the community. There are no continuous streamflow records available for the North Branch Bassett Creek watershed; however, the USGS has collected limited stream- flow data at four partial-record stations in the watershed since 1952. There are two stations on the main stem of Bassett Creek; one is located at the County Road 66 bridge in Golden Valley and the other is located near Fruen Mill in Minneapolis. In addition, there is a station at the 34th Avenue North culvert in Crystal and on the Sweeney Lake Branch at the State Highway 55 culvert in Golden Valley. Generally, discharges have been measured several times per year at each station. As previously discussed, the process of urbanization in the North Branch Bassett Creek watershed is well advanced in the area tributary to New Hope. Urban development has drastically altered the natural drainage patterns and hydrologic characteristics of the watershed. Infiltration characteristics are reduced by the covering of permeable soils with impervious surfaces, the extent of modification depending on the type and density of urban land use. Small natural depressions are filled and graded smooth, reducing the natural depression storage in the watershed. Storm sewer and channel improvements provide hydraulically efficient means of removing storm runoff. These factors result in increased storm runoff volumes and higher peak runoff rates. The hydrology for the North Branch Bassett Creek was prepared for the 1976 COE Feasibility study utilizing the HEC-1 Flood Hydrology Program, 723-X6-L2010 (Reference 4). To determine the peak discharge at various points along the channel, the watershed was subdivided into 42 subbasins varying in size from 0.13 to 9.44 square miles. Generally, the outlet of each of the subbasins was at a restrictive channel crossing as previously discussed. For each subbasin, the percentage of impervious area both for existing development conditions and for expected ultimate development were determined. Soils data were reviewed and the infiltration losses were determined for each subbasin for both existing and ultimate conditions. The average estimated loss including depression storage and interception losses ranged from 0.28 inch per hour to 0.48 inch per hour with existing urbanization and from 0.15 inch per hour to 0.43 inch per hour with ultimate urbanization. Point rainfall depths of various durations for the 10-, 50-, and 100-year rainfall were obtained from the National Weather Service Technical Report ~N~. 40, Rainfall Frequency Atlas of the United States and were adjusted for ~..eal distribution (Reference 7). Due to the large amounts of temporary ~.;age in the lakes, ponds, and behind restrictive channel crossings, the rainfall hyetograph adopted is generally not critical. This storage capacity modulates the effect of varying hyetograph assumptions. The lag time for each subbasin was estimated from the characteristics of the subbasin. The peak for the unit hydrograph was then determined based on the estimated subbasin lag. Again, the effects of both the natural 10 storage in the Watershed and~:the e£fed~ of, the storage behind the restrictive channel crossings will modulate the effects o£ varying assuf~p- lions in the determination of unit hydrograph characteristics. Synder coefficients were calculated from the estimated unit hydrograph peaks and subbasin lag. Runoff hydrographs for each subbasin were determined and routed through the watershed using HEC-t (Reference 4). Discharge- storage relationships were determined for each storage area. The runoff hydrograph from upstream areas was routed through these storage areas using reservoir routing techniques. In some instances, storage-discharge relationships for major flood storage areas were revised to reflect changed conditions or newly acquired information. In these eases, the channel discharges determined in the Preliminary Feasibility study were revised to reflect the revised storage-discharge relationship. The 10-, 50-, and 100-year discharges were obtained from work prepared l'or the 1976 COE Feasibility study, as described above. Subsequent construe- tion of a restrictive culvert on the North Branch Bassett Creek upstream of Northwood Pond in New Hope caused the discharges to be modified t'rom those shown in the Feasibility study (Reference 8). The 500-year recurrence interval discharge was determined by the Study Contraetor by graphically extrapolating the 10-, 50-, and 100-year discharges on log-probability paper. Bass Creek is one of four creeks contributing to the Shingle Creek watershed. Upstream of the confluence with Shingle Creek in Brooklyn Park, Bass Creek meanders through the communities of Plymouth and New Hope with some contributing area lying within Maple Grove. Significant floodwater storage is available in several major lakes and marshlands. Bass Lake, the largest lake within-the watershed tributary to the study reach, provides the greatest single storage potential. Topography throughout the area is classified as gently rolling with large, flat marsh areas adjacent to the creek bed. A preliminary hydrology analysis o£ Bass Creek has been conducted by the USGS as part of the Brooklyn Park Flood Insurance Study (Reference 9). The USGS applied regional regression equations for Region D in Minnesota, and applied an adjustment factor for urbanization (Reference 10). The required watershed parameters for the equations include drainage area, main stream slope~ and the percent of existing storage plus 1.0. Values for these parameters were defined by the USGS for Bass Creek just downstream of 62nd Avenue North. The computed 50-year discharge of 330 cubic feet per second (efs) compared very well with the 5Q-year discharge of 332 efs determined by the Hennepin County Highway Department for the design discharge of Bass Creek at County Road 18 at the upstream corporate limits. The contributing drainage area between County Road 18 and 62nd Avenue North is approximately 0.4 square mile, and has some natural storm- water storage available. 11 The 10-, 50-, and 100-year discharges were adopted from work p,'eparc,~l by the USGS for the Brooklyn Park Flood Insurance Study, as described Above. The 500-year recurrence interval discharge was graphically determined by the Study Contractor by extrapolating the 10-, 50-, and 100-year discharges on log-probability paper. Discharge values for the North Branch Bassett Creek and Bass Creek in New Hope were submitted for review to an Inter-Agency Review Committee comprised of the Minnesota Department of Natural Resources, the SCS, the USGS, and the St. Paul District COE. Acceptance of the proposed discharge values was transmitted via letter dated March 10, 1978. Peak discharges for the 10-, 50-, 100-, and 500-year floods of each flooding source studied in detail in the community are shown in Table 1. TABLE 1 - SUMMARY OF DISCHARGES FLOODING SOURCE DRAINAGE AREA PEAK DISCHARGE (CFS) AND LOCATION (SQ MILES) 10-YEAR 50-YEAR 100-YEAR 500-YEAR NORTH BRANCH BASSETT CREEK At Winnetka Avenue 2.1 45.8 47.8 48.8 50.4 BASS CREEK At 62nd Avenue North 8.0 219 330 381 515 3.2 Hydraulic Analyses Analyses of the hydraulic characteristics of the streams in the community were carried out to provide estimates of the elevations of the floods of the selected recurrence intervals along each flooding source studied in detail. Field cross sections for the North Branch Bassett Creek were taken at each hydraulic structure for input into the backwater routing analysis. Valley cross sections were field surveyed at selected intervals to supplement inadequate and obsolete topographic mapping. Field cross sections for Bass Creek were taken at each hydraulic structure for input into the backwater ro~tin~ analysis: one in the channel downstream from the city limits, the culverts at 62nd Avenue North, and at County Road 18.. Valley cross seetioims were field surveyed at selected intervals to provide data for the downstream normal depth analysis and to supplement inadequate and obsolete topographic mapping. 12 Locations of selected cross sections used in the hydraulic analyses are on the Flood Profiles (Exhibit 1). For stream segments for which a was computed (Section 4.2), selected cross section locations are ai,~o on the Flood Boundary and Floodway Map (Exhibit 2). Roughness factors for North Branch Bassett Creek or Bass Creek are not applicable for this stream reach, as a standard step-backwater analysis was not performed. Bass Creek tailwater elevations for the various return frequencies were determined using a HEC-2 normal depth analysis of the downstream channel (Reference 11). This resulted in elevations approximately 3.3 feet lower than obtained by the USGS in their Brooklyn Park Flood Insurance Study (Reference 9). However, the impending (within the year 1979) revision to the hydraulic capacity of Water Works Road, approximately 4,500 feet downstream, will lower the water-surface elevations downstream of 62nd Avenue North to a level approximating the normal depth analysis. This procedure was directed by the FIA. Starting water-surface elevations for the North Branch Bassett Creek at the 36th Avenue "tunnel" entrance (located within the City of Crystal) were obtained from a rating curve developed for the 1976 COE Feasibility study (Reference 4). This rating curve was modified to reflect changed hydraulic conditions since completion of the 1976 study (Reference 8). These elevations are: 500-year - 886.8 (extrapolated); 100-year = 886.2; 50-year - 885.9; and 10-year = 885.1. The effect of the culvert under the access road to the apartment complex (also located in Crystal) was evaluated using Federal Highway Administration culvert nomographs assuming tailwater elevations were equal to those given above, i.e., it was assumed that no drawdown curve exists (Reference 12). The resulting elevations are: 500-year -- 887.48; 100-year -- 886.86; 50-year - 886.53; 10-year - 885.69. The Winnetka Avenue structure, at the New Hope corporate limits, was evaluated by employing Federal Highway Administration nomographs (Reference 12) and assumed constant tailwater. The resulting water-surface elevations upstream of Winnetka Avenue are: 500-year = 889.31; 100-year = 888.63; 50-year -- 888.23; and 10-year = 887.27,888.15 upstream Boone Avenue. Note that with the exception of the 10-year event, all the above water-surface elevations inundate the Boone Avenue crossing (Centerline Boone Avenue at Centerline Structure Elevation = 888.1). As discussed previously, water-surface elevations for Bass Creek are controlled by hydraulic structures located at 62nd Avenue North. The effect of this structure is to create a constant elevation backwater pool exten~ling upstream to County Road 18, the New Hope city limits. This b'~-k~ w&ter pool utilizes existing valley storage. Water-surface profiles r~sl~lted from routing through storage elevation curves which were then che(~ked by making head loss computations utilizing Federal Highway Administration hydraulic structure analysis criteria (Reference 12). Water- surface elevations for North Branch Bassett Creek are controlled by 13 hydraulic structures located at 36th Avenue North, at the private entrance to apartment buildings, at Winnetka Avenue North, and at Boone Avenue ~-~ North. The effect of these structures is to create an upstream backwater pool that utilizes existing valley storage. Water-surface profiles resuitect from routing through storage elevation curves which were checked by making head loss computations utilizing Federal Highway Administration hydraulic structure analysis criteria and roadway weir computations (Reference 12). A constant discharge was assumed through each structure. The hydraulic analyses for this study are based only on the effects of unobstructed flow. The flood elevations as shown on the profiles are, therefore, considered valid only if hydraulic structures, in general, remain unobstructed and if channel and overbank conditions remain essentially the same as ascertained during this study. All elevations are referenced from National Geodetic Vertical Datum of 1929 (NGVD); elevation reference marks used in the study are shown on the maps. 4.0 FLOOD PLAIN MANAGEMENT APPLICATIONS The National Flood Insurance Program encourages state and local governments to adopt sound flood plain management programs. Therefore, each Flood Insurance Study includes a flood boundary map designed to assist communities in developing sound flood plain management measures. 4.1 Flood Boundaries In order to provide a national standard without regional discrimination, the 100-year flood has been adopted by the FIA as the base flood for purposes of flood plain management measures. The 500-year flood is employed to indicate additional areas of flood risk in the community. For each stream studied in detail, the boundaries of the 100-year and the 500-year floods have been delineated using the elevations determined at each cross section; between cross sections the boundaries were interpolated using USGS mapping enlarged to a scale of 1:4800 (References 13, 14, and 15). This mapping was supplemented by subdivision plats, topographic surveys supplied by the Hennepin County Highway Department (Reference 16), and field surveyed valley cross sections to ensure accuracy. This method of delineation is felt to adequately reflect conditions along this stream reach. The b~undaries of the 100- and 500-year floods are shown on the Flood Bound~ and Floodway Map (Exhibit 2). Small areas within the flood bouimdaries may lie above the flood elevations and, therefore, not be subject to f'ieoding; owing to lack of detailed topographical information or to limitaf~ionm of the map scale, such areas are not shown. In cases where the 100-year and the 500-year flood boundaries are close together, only the 100- year boundary has been shown. 14 4.2 Floodways .:~ Encroachment on flood plains, such as artificial fill, reduces the flood- carrying, capacity, increases the flood heights of streams, and increases flood hazards in areas beyond the encroachment itself. One aspect of flood plain management involves balancing the economic gain from flood plain development against the resulting increase in flood hazard. For purposes of the National Flood Insurance Program, the concept of a floodway is used as a tool to assist local communities in this aspect of flood plain management. Under this concept, the area of the 100-year flood is divided into a floodway and a floodway fringe. The floodway is the channel of a stream plus any adjacent flood plain areas that must be kept free of encroachment in order that the 100-year flood may be carried without substantial increases in flood heights. Minimum standards of the FIA limit such increases in flood heights to 1.0 foot, provided that hazardous velocities are not produced. In Minne- sota, however, flood plain encroachment is limited by Minnesota Regulations to that which would cause a 0.5-foot increase in flood heights above prefloodway conditions at any point (Reference 17). Floodways having no more than a 0.5-foot surcharge were delineated for this study. The community has designated a political floodway encompassing the entire 100-year flood plain delineated for North Branch Bassett Creek and Bass Creek. Due to the nature of flooding (i.e. backwater from restrictive hydraulic structures) and existing development, a traditional floodway analysis is considered inappropriate, and a Floodway Data Table is not shown. As shown on the Flood Boundary and Floodway Map (Exhibit 2), the floodway boundaries were determined at cross sections; between cross sections, the boundaries were interpolated. In cases where the boundaries of the floodway and the 100-year flood are either close together or collinear, only the floodway boundary has been shown. The area between the floodway and the boundary of the 100-year flood is termed the floodway fringe. The floodway fringe thus encompasses the portion of the flood plain that could be completely obstructed without increasing'the water-surface elevation of the 100-year flood more than 0.5 foot at any point. Typical relationships between the floodway and the floodway fringe and their significance to flood plain development are shown in Figure 2. 15 ~1 _ F 81NGE - FRINGE CHANNEL FLO00 ELEVATION WHENfl..~ EE USED FOR OEVEL(:~MENT EY FLOOD ELEVATION RAISING GROUND EEFORE ENCROACHMENT LINE A8 IS THE FLOO0 ELEVATION EEFORE ENCROACHMENT. ON FLOO0 Ft. AIN LINE CD IS THE FLOOD ELEVATION AFTER ENCROACHMENT. *SURCHARGE IS NOT TO EXCEED 1.0 FOOT (FIA REQUIREMENT} OR i.E~ER AMOUNT IF SPECIFIED BY STATE. FIGURE 2 - Floodway Schematic 5.0 INSURANCE APPLICATION In order to establish actuarial insurance rates, the FIA has developed a process to transform the data from the engineering study into flood insurance criteria. This process includes the determination of reaches, Flood Hazard Factors (FHF), and flood insurance zone designations for each flooding source affecting the City of New Hope. 5.1 Reach Determinations Reaches are defined as lengths of watercourses having relatively the same flood hazard, based on the average weighted difference in water-surface elevations between the 10- and 100-year floods. This difference does not have a variation greater than that indicated in the following table for more than 20 percent of the reach. Average Difference Between 10- and 100-year Floods Variation Less than 2 feet 0.5 foot 2 to 7 feet 1.0 foot 7.1 to 12 feet 2.0 feet More than 12 feet 3.0 feet The locations of the reaches determined for the City of New Hope are shown on the Flood Profiles (Exhibit 1) and are summarized in the Flood Insurance Zone Data Table (Table 2). 16 5.2 Flood Hazard Factors The FHF is used to correlate flood information with insurance rate tab{es. Cort, elations between property damage from floods and their FtlFs are u~ed to set actuarial insurance premium rate tables based on FHFs from 005 to 200. The FHF for a reach is the average weighted difference between the 10- and 100-year flood water-surface elevations expressed to the nearest 0.5 foot, and shown as a three-digit code. For example, if the difference between water-surface elevations of the 10- and 100-year floods is 0.7 foot, the FHF is 005; if the difference is 1.4 feet, the FHF is 015; if the difference is 5.0 feet, the FHF is 050. When the difference between the 10-and 100-year water-surface elevations is greater than 10.0 feet, accuracy for the FHF is to the nearest foot. 5.3 Flood Insurance Zones After the determination of reaches and their respective FHFs, the entire incorporated area of the City of New Hope was divided into zones, each having a specific flood potential or hazard. Each zone was assigned one of the following flood insurance zone designations= Zone A.' Special Flood Hazard Areas inundated by the tOO-year flood, determined by approx- imate methods; no base flood elevations are shown or FHFs determined. Zones Al, A3= Special Flood Hazard Areas inundated by the 100-year flood, determined by de- tailed methods; base flood elevations are shown, and zones subdivided according to FHF. Zone B: Areas between the Special Flood Hazard Area and the limits of the 500-year flood, including areas of the 500-year flood plain that are protected from the 100-year flood by dike, levee, or other water control structure; or areas subject to . .... certain types of 100-year shallow flooding ,~/ where depths are less than 1.0 foot; and ?~.~,: areas subject to 100-year flooding from ~: sources with drainage areas less than 1 ~.~. square mile. Zone B is not subdivided. Zon~ C~, Areas of minimal floodint~. 17 Table 2, "Flood Insurance Zone Data," summarizes the flood elevation differences, FHFs, flood insurance zones, and base flood elevations t'or flooding source studied in detail in the community. 5.4 Flood Insurance Rate Map Description The Flood Insurance Rate Map for the City of New Hope is, for insurance purposes, the principal result of the Flood Insurance Study. This map (published separately) contains the official delineation of flood insurance zones and base flood elevation lines. Base flood elevation lines show the locations of the expected whole-foot water-surface elevations of the base (100-year) flood. This map is developed in accordance with the latest flood in3urance map preparation guidelines published by the FIA. 6.0 OTH,~:~. STUDIES A p~'etiminary report, "Projected Study and Report on the Bassett Creek Water- shed." detailing the stormwater drainage problems in the watershed and developing a pl~.,.n to pro,~ide protection from a 10-year frequency storm was prepared by a consulting engineering firm in ~961 (Reference 4). The report recommended store, ge sites and channel improvements throughout the watershed to provide that protection. A W~tershed Management Plan for Bassett Creek was prepared and adopted by the Bassett Creek Flood Control Commission (Reference 4). The plan delineated the 100-year frequency t'lood plain and established a "management envelope" or elevation below which future development would be restricted. The management of the "enve',ope' will preserve the various options available for flood control until a plan which meets the needs of the public can be implemented. The plan was based on ultimate watershed development and includes proposed hydrologic and hydr,~.u!ic chs. nges which do p. ot, at this time, exist. Further, watershed changes have occurred which were not considered in the development of the profiles and flooci plain delineations. Discharge figures are slightly higher (3-4 cfs at 100-year) tha~, t~.:>se ,~'sed in this study. Elevations are approximately 0.6 foot higher than in this st,~dy. The 500-year Flood Insurance Study elevation approximates the 100- yes.. management elevation. Flood plain delineations are similar. As noted in the sec' 'nns for hydrology and hydraulics, all work for this study was coordinated with the eonsui~.ants for the Flood Control Commission. A ':ater P~esourees Management Plan for Shingle Creek, which includes Bass Crc..'<. '."as prepared in 1974 by Barr Engineering Company (Reference 8). The ha.'-_ b-~pose of this plan is to identify the potential assets and problems concerning the water resources of Shingle Creek and its tributaries. Studies of the watershed a~,~umed ultimate development conditions and development of significant amotmt of additional storage within the watershed. Since this study can consider only existing conditions, data from the Management Plan is not considered applicable. Further, changes to restrictive culverts downstream have revised the hy,'?au]}c conditions assumed in the report. The 100-year elevations used in this 18 ELEVATION DIFFERENCE2 I BETWEEN 1.0~ (tOO-YEAR) FLOOD AND FLOOD BASE FLOO{) FLOODING SOURCE PANEL HAZARD ZONE ELEVATiONa I 10~ 2~ 0.2~ FACTOR I (NGVD) :; (lO-YEAR) (50-YEAR) (500-YEAR) , BASS CREEK REACH I [ 0001 -1.3 -0.4 : 1.3 015 A3 883 NORTH BRANCH BASSETT CREEK REACH I 0002 -!.4 --0.4 0.7 015 A3 889 REACH 2 00~ -0.5 -0.4 0.7 005 A1 889 , IFLOOD INSURANCE RATE MAP PANEL 2WEIGHTED AVERAGE 3ROUNDED TO NEAREST FOOT FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD INSURAHCE ZONE DATA Fmlefal Inm[an;e Administration CITY OF NEW HOPE, MN IHENNEPIN CO.I BASS CREEK - NORTH BRANCH BASSETT CREEK study are approximately two feet higher than those shown in the report l'or conditions existing in 1974. The St. Paul District COE prepared a Feasibility Report for Flood Controh I{a~.~ctt Creek Watershed-in March 1976 (Reference 4). As noted earlier, changes to U,c watershed have occurred which were not considered in thc development of the I()()- year profiles. Discharge figures were those used in the 1972 Watershed Management Plan (3-4 efs higher than those used in this study) and the 100-year profiles were about 0.6 foot higher than those shown in this study. The COE has been notified of these differences and concurs with the elevations presented herein. The Hennepin County Highway Department prepared hydrologic studies for crossings of County Road 18 and both study streams (Reference 8). In each case, they contacted the Watershed District for information and are therefore consistent with this study. A Flood Hazard Boundary Map has been published by the Federal Insurance Administration (Referenee l8). The differences between the Flood Hazard Boundary Map and this study are justified due to the more detailed nature of this Flood Insurance Study. This report either supersedes or is compatible with all previous studies published on streams studied in this report and should be considered authoritative for the purposes of the National Flood Insurance Program. 7.0 LOCATION OF DATA Survey, hydrologic, hydraulic and o~her pertinent data used in this study can be obtained by contacting the Insurance and Mitigation Division, Federal Emergency Management Agency, One North Dearborn Street, Chicago, Illinois 60602. 8.0 REFERENCES AND BIBLIOGRAPHY 1. Minneapolis Planning Association, Population Trends in the Twin Cities Metropolitan Area 1970-1978, March 1979. 2. U.S. Department of Commerce, Bureau of the Census, 1970 Census Population~ Number of Inhabitants, Minnesota, Washington, D.C., 1971. Minnesota and Environs, Fresh Water Biological Research Foundation, Weather Almanac 1976, Bruce F. Watson, Navarre, Minnesota, 1975. 4. U.S. Army Corps of Engineers, St. Paul District, Feasibility Report for Flood Control: Bassett Creek Watershed, Hennepin County, Minnesota, Appendix 1, pg. B-58, March 1976. 5. New Hope Public Works Department, by telephone call, July 10, 1978. 2O 6. Bassett Creek Flood Control Commission, Watershed Management Plan Bassett Creek, pg. 49, February 1972. 7. U.S. Department of Commerce, Weather Bureau, Technical Paper No. 40, Rainfall Frequency Atlas of the United States, May 1961. 8. Barr Engineering Company for the U.S. Army Corps of Engineers, Hydrologic & Hydraulic Data for Bassett Creek, information received in person, October 3, 1977. 9. Federal Emergency Management Agency, Federal Insurance Administration, Flood Insurance Study, City of Brooklyn Park, Minnesota, (in progress). 10. U.S. Geological Survey, Water Resources Investigations 77-31; prepared in cooperation with Minnesota Department of Transportation, Division of Highways and Minnesota Department of Natural Resources, Division of Waters, Techniques for Estimating Ma~mitude and Frequency of Floods in Minnesota, Lowell C. Guetzkow, May 1977. 11. U.S. Army Corps of Engineers, Hydrologic Engineering Center, HEC-2 Water-Surface Profile Computer Program, Davis, California, 1972. 12. Hydraulics Branch, Bridge Division, Office of Engineering, Federal Highway Administration, Hydraulic Engineering Circular No. 5; Hydraulic Charts for the Selection of Highway Culverts, Washington, D.C., December 1965, (reprinted) April 1977. 13. U.S. Geological Survey, 7.5 Minute Series Flood Prone Area Mapping, Scale 1:24000, Contour Interval 10 feet: New Brighton Quadrangle, 1955, (photorevised) 1972. 14. , 7.5 Minute Series Maps, Scale 1:24000, Contour Interval 10 feet: New Brighton Quadrangle, North Minneapolis Quadrangle, 1955, (photorevised) 1972. 15. ., 7.5 Minute Series Mai)s, Scale 1:24000, Contour Interval 10 feet: Osseo Quadrangle, 1955, (photorevised) 1972. 16. Sub-Grade Contour Maps for County-State Aid Highway No. 18, Project No. 6707, State Aid Project 27-618-23, Sheets 45-47 of 158. 17. Minnesota Department of Natural Resources, Division of Water, Technical Report No. 6, The Regulatory Floodway in Flood Plain Management, September 1977. 18. U.S. Department of Housing and Urban Development, Federal Insurance Administration, Flood Hazard Boundary Map, New Hope, Minnesota, July 1975. 21 Agricultural Experiment Station, University of Minnesota, Twin ('ities Metropolitan Area Sheet, Miscellaneous Report No. 130, Soil Landscapes Geomorphic Re{{ions, Minneapolis, Minnesota, 1975. Agricultural-Extension Service, University of Minnesota, Twin Cities Metropolitan Sheet, Extension Bulletin No. 320-1976, Interpretations of Soil~ Landscapes and Geomorphic Regions, Minneapolis, Minnesota. Federal Highway Administration, Circular No. 10, Capacity Charts for the Hydraulic Design of Highway Culverts. Hulsing, Harry, "Measurement of Peak Discharge by Indirect Method," Chapter A5, Book 3, Investigation of the United States Geological Survey.: L'.S. Government Printing Office, 1968. Minnesota Department of Natural Resources, Division of Waters, Technical Report No. 2, Normal Depth Analysis (A Useful Tool in Flood Plain Management), January 1971. , Technical Report No. 3, Flood Data Collection, March 1971. , Technical Report No. 4, Use of Experienced Flood Data in Flood Plain Regulations, November 1971. Powell, Roy F., D.L. James, and T.R. Jones, D. E., "Approximate Method for Quick Flood Plain Mapping," ASCE Meeting Preprint No. 2559, Paper presented at ASCE National Convention, Denver, Colorado, November 3-7, 1975. Schwartz, G. M., and George A. Thiel, Minnesota's Rocks and Waters, A Geological Story. Minneapolis, Minnesota: University of Minnesota Press, 1954, 1963, (revised) 1976. U.S. Army Corps of Engineers, Hydrologic Engineering Center, Flood Flow Frequency Analysis- Generalized Computer Pro~ram 723-X6-L7550, Davis, California, June 1976. U~S. Department of Agriculture, Soil Conservation Service, Minnesota H.j~'drology Guide, Harry M. Major, Robert C. Bintzler, and Howard C. Midje, ~l. Paul, Minnesota. , Technical Report No. 55 - Urban Hydrology for Small Water~., 1975. U.S. D~i:~rtment of Housing and Urban Development, Federal Insurance Administration, Flood Insurance Study, City of Crystal, Minnesota, June 1978. 22 , Flood Ir~urance Stud}' (;~idcli~es ~d January 1976, (revised)January 1977. U.~, Cmologieal Survey, Open-File Report, Section IV, "Guidclinc.~ Prepm'ation, Transmittal and Distribution of Flood-Prone Area Maps Pamphlet~," lqational Program for Managing Flood Losses, 1973, (revised) 19'/6. , Water Supply Paper 1849, Roughness Characteristics of Natural Channels, Harry H. Barnes, U.S. Government Printing Office, 1967. U.S. Water Resources Council, WRC BuUetin No. 17A; Guidelines for Determining Flood Flow Frec~uenc},, Washington, D.C., (revised) June 1977. Waters, Thomas F., The Streams and Rivers of Minnesota. Minneapolis, Minnesota: University of Minnesota Press, 1977. 23 ELEVATtON IN FEET (NGVD) ................. _ ........ ; ..... ~ .. .... ~ ....... ~ , .... ; LZZ.ZZ 77Z~7 '' ~-- ~.o ~v~,d~,,.t - t..~ ....................... .~ ' ~7777-- -"_;'_ . ~~ ..... + ............~-~ -~2 ~ [_~ r ........ ~ ....... ~ ..... , ........ .......... -H":-, , .- ~ · ~. - ; -- ! ....C 7- : ~ - ~'' '- ' - - - ~- ............. , 'T'-'7'77~Z"Z~TZ-T"7 ~ -"~ ~ ~ -~ : ...... ~ .' - f ; ........ I: :..:-:: :7' :;7~: % ......~ ** .............. ~ ..... ;"' :._.L%~: .:. ; :;: -: -;-7--- ;' ' ................ ~ ..... ~ ........... ~ .... ~ - ~ ...................... ...-...~ .................................... ~. - -~ ..... ~~ ~-~-_:-::::_-. :-. ~ :-_.__-__- ....... :h:=:]~ .' .... ~ :~-~ ........ . : - ........... ; .... ; ................ / i ........... COR~A~ · LIMITS ~:- ~ .. t ........... ..................... ~ ............ : ......... ~ .......... : - __ L~:_: .... ~ iLL .............. ~ ..... ; ...... ; .... .... · ..... '..'...:_;L:;'L:;.2LLL_:~ ....... :'L' '~ ................. t .... ~ ............. q:%%; ' ' ..... ~ ........ ' ..... ~ ~ .... ~ T .... :_:.__Z'L; . L : =:: ............................... ............... .... Federal ImraKI Ad~listfl~ FLOOD PROFILES CIII OF NEW HOPE, MN IHENNEPIN CO.I BASS CREEK ELEVATION IN FEET (NGVD) .......... ; .... . ;' _:'._'::' . - .... : .... i_.L --.--L-4L..Z: Z::'~;_ ; ..... . r -.. i .......................... : .... '-;;. : -- -- : ~,, ..... f_:.~z~;.:.: ........ : .... r ........... ~ ..... ~ ..... r' _z~.',.;. ' '~ · _ -~ ............. ~ ......... ~--j ......... ~ ............. -~: ·: , ....... ~ ...... ~ .... t ........... ~ ............. ..... - , . ;-;- .- ,,, , } .... ~: .......... ~ ...... :; .... : . - .... :..-.:; :;--:: :',-:1: .... ,~ ..... .... ~ .... ..... , .......... ~ '~' '~:;_q _; :._.:z; ~: :- 7- - , . ':'-' ........ ~ ............ p_zN ; ..... ' .'': ! ;;;-'_~' ''_L.;.;.. ;_22.&~Z2'f ......... _.:__;__ ; ' ,. ~~_: .- ~ ................. ? , . --~--~--:-~ . .... ~ ~7-7T~-'''';'~';[ ~.~'~_~2. .................. '7252''2.~ .......... _~.~~2 * ..... ~ ....... %_%_;:~ ....... ~ ' ~'; ............. :::--7:-: - 7- ' ~ .... - . [. ~3 ;~-q%~q:.':;7-'-- -:.: ;7-. ~sT,t~s~ _ . 7'%'u-' 7';':.-; ';~; ;"; 7; ;': ' ~ ~.-;: :. :;; ~ ;."; ..l; :.; .;; :..:, ....................... · ' - .... ' ~.'-.':'-:':.":..::'-:: ..:' :':'- ~':::~: I:':':'"'::'; .... : -'. '. .-- ~. f .... , .-: ......... %---%~%: ~~= =---7-7~-~%~ ~ . ~ _ ~-t~~~.y.y_...:.....~_ ':7:;'7'~':-":"""::': .... -.: . ..... ; . ._ .. ~ I I !-:. ':,;:',:- -- ;':.'~'~ ;-'l':.:':~ -."::'--;'-'.: ~' l I, ~ : _ ....... ~ ................ ~ ) ¢ ~ ~ ~ ~ ..... %;~ 1% 1_.211.1.;;..1..i.:1..i..i....'....; ........... 1 ........... L_.L. .--% )~ · ~)) ) ...................... ~ ...................... ~'=~ ~ ~ ~ ~ , - .... ~ ........ ; ........ ;- . ..-.:. _;: .... FI~ll Illlrilcl ldilistrati# FLOOD PROFILES CITY OF NEW HOPE, MN (H[NN[Pm CO4 NOR~ BRANCH BASSE~ CREEK '~ ELEVATION IN FEET (NGVD) '. :-:' -:_'- : .'~_ ::~::::~ .... ..... .'-"--:~:c~ " ' '~....... ~ .... ~ ~ ................ t 0 ................. ~ ................ : ............... 2 ~ : : '~ . Fldlfi IRritate Ad~l~tfatiel FLOOD PROFILES ~ ~ CI~ OF NEW H~E, MN IHENNEPIN CO.I NOR~ BRACH BASSE~ CREEK ATTACHMENT 3 · ~ STATE OF DEPARTMENT OF NATURAL RESOURCES ONR INFORMATION 500 LAFAYE'I-I'E ROAD · ST. PAUL, MINNESOTA * 55155-40. (612) 296-6157 January 4, 1991 Kirk McDonald Community Development Coordinator City of New Hope 4401 Xylon Avenue No. Minneapolis, MN 55428 Dear Mr. McDonald: Enclosed is a new model floodplain ordinance which most closely meets your community's needs. As you are probably already aware, the Federal Emergency Management Agency (FEMA) and the Minnesota DNR have negotiated this model ordinance to reflect the changes in federal regulations which were actually effective in 1986. Because of these changes every community in the National Flood Insurance Program is being required to amend their floodplain zoning ordinances. The purpose of this letter is to give your community a chance to review the model which best relates to your current ordinance, and to get a head start in the adoption process. Please note that the new model is also available (at no charge) on floppy disk for a personal computer. Available formats are Microsoft Word and ASCII. A draft form of the revised ordinance should be submitted to your Area Hydrologist for preliminary review so that any omissions or inconsistencies can be found prior to final adoption. It is a good idea to amend the zoning ordinance as early as possible to avoid any potential federal sanctions. (Federal law allows only 90 days from the time of the DNR/Community contact for an ordinance to be amended.) Although this letter does not constitute your official contact, we would like to have a copy of your draft ordinance no later than September 1, 1991. Please feel free ~o contact your Area Hydrologist (listed below) or myself (612-296-9224) if you have any questions. Sincerely, dy~~Boudrea~ FEMA-CAP Hydrologist cc: Mayor Edward Erickson Ceil Strauss, Area Hydrologist (772-7914) John Stine, Regional Hydrologist AN EQUAL OPPORTUNITY EMPLOYER Sample Three District Floodplain Management Ordinanace Two-Map Format October 17, 1990 TABLE OF CONTENTS PAGE SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE 1.1 Statutory Authorization 1 1.2 Findings of Fact 1 1.3 Statement of Purpose 1 SECTION 2.0 GENERAL PROVISIONS 1 2.1 Lands to Which Ordinance Applies 1 2.2 Establishment of Official Zoning Map 1 2.3 Regulatory Flood Protection Elevation 2 2.4 Interpretation 2 2.5 Abrogation and Greater Restrictions 2 2.6 Warning and Disclaimer of Liability 2 2.7 Severability 3 2.8 Definitions 3 SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS 4 3.1 Districts 4 3.2 Compliance 5 SECTION 4.0 FLOODWAY DISTRICT (FW) 5 4.1 Permitted Uses 5 4.2 Standards for Floodway Permitted Uses 5 4.3 Conditional Uses 6 4.4 Standards for Floodway Conditional Uses 6 SECTION 5.0 FLOOD FRINGE DISTRICT (FF) 9 5.1 Permitted Uses 9 5.2 Standards for Flood Fringe Permitted uses 10 5.3 Conditional Uses 10 5.4 Standards for Flood Fringe Conditional Uses 10 5.5 Standards for All Flood Fringe Uses 12 SECTION 6.0 GENERAL FLOOD PLAIN DISTRICT 13 6.1 Permissible Uses 13 6.2 Procedures for Floodway and Flood Fringe Determinations 13 SECTION _7.0 SUBDIVISIONS 15 ~ 7.1 Land Suitability Review Criteria 15 7.2 Requirements for Floodway/Flood Fringe Determinations 15 7.3 Removal of Special Flood Hazard Area Designation 15 SECTION 8.0 UTILITIES, RAILROADS, ROADS, AND BRIDGES 16 8.1 Public Utilities 16 8.2 Public Transportation Facilities 16 8.3 On-site Sewage Treatment and Water Supply Systems 16 SECTION 9.0 MANUFACTURED HOMES/TRAVEL TRAILERS AND TRAVEL VEHICLES 16 9.1 New Manufactured Home Parks 16 9.2 Replacement Manufactured Homes- Existing Parks 16 9.3 Travel Trailers/Travel Vehicles 17 SECTION 10.0 ADMINISTRATION 18 10.1 Zoning Administrator 18 10.2 Permits, Certification Requirements and Record Keeping 18 10.3 Appeals and Variances/Duties of the Board of Adjustment 19 10.4 Conditional Uses-Standards and Evaluation Procedures 21 SECTION 11.0 NONCONFORMING USES 24 SECTION 12.0 PENALTIES FOR VIOLATION 25 SECTION 13.0 AMENDMENTS 27 SAMPLE THREE DISTRICT FLOOD PLAIN MANAGEMENT ORDINANCE TWO-MAP FORMAT* SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE 1.1 Statutory Authorization: The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and (Zoning Enabling Statute) delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the of (governing body) , Minnesota does ordain as follows: (local unit) 1.2 Findings of Fact: 1.21 The flood hazard areas of , (local unit) Minnesota, are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures or flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. 1.22 Methods Used to Analyze Flood Hazards. This Ordinance is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources. 1.3 Statement of Purpose: It is the purpose of this Ordinance to promote the public health, safety, and general welfare and to minimize those losses described in Section 1.21 by provisions contained herein. SECTION 2.0 GENERAL PROVISIONS 2.1 Lands to Which Ordinance Applies: This ordinance shall apply to all lands within the jurisdiction of shown on the Official Zoning (local unit) *A Flood Boundary and Floodway Map and a Flood Insurance Rate Map have been published for the community. Map and/~r the attachments thereto as being located within the boundaries of the Floodway, Flood Fringe, or General Flood Plain'Districts. 2.2 Establishment of Official Zoning Map: The Official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this ordinance. The attached material shall include the Flood Insurance Stud~ for the prepared by the (local unit) Federal Insurance Administration dated , and the Flood Boundary and Floodway Map and Flood Insurance Rate Map dated therein. The Official Zoning Map shall be on file in the Office of the and the (City Clerk/County Auditor) (Zoning Administrator) 2.3 Regulatory Flood Protection Elevation: The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. 2.4 Interpretation: 2.41 In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the Governing Body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. 2.42 The boundaries of the zoning districts shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of the decision of the Zoning Administrator, the Board of Adjustment shall make the necessary interpretation. Ail decisions will be based on elevations on the regional (lO0-year) flood profile and other available technical data. Persons contesting the location of'the district boundaries shall be given a reasonable opportunity to present their case to the Board and to submit technical evidence. 2.5 Abrogation and Greater Restrictions: It is not intended by this Ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. All other ordinances inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency only. 2.6 Warning and Disclaimer of Liability: This Ordinance does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This Ordinance shall not create liability on the part of or (name of local unit) any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. 2.7 Severability: If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby. 2.8 Definitions: Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Ordinance its most reasonable application. 2.811 Accessory Use or Structure - a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. 2.812 Basement - means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. 2.813 Conditional Use - means a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that= (1) certain conditions as detailed in the zoning ordinance exist and (2) the structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. 2.814 Equal Degree of Encroachment - a method of determining the location of floodway boundaries so that flood plain lands on bosh sides of a stream are capable of conveying a proportionate share of flood flows. 2.815 Flood - a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. 2.816 Flgod Frequency - the frequency for which it is expected that a specific flood stage or discharge may be equalled or.exceeded. 2.817 Flood Fringe - that portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for a (local unit) 2.818 Flood Plain - the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. 2.819 Flood-Proofing - a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. 2.820 Floodway - the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge. 2.821 Obstruction - any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. 2.822 Principal Use or Structure - means all uses or structures that are not accessory uses or structures. 2.823 Reach - a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. 2.824 Regional Flood - a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an-average frequency in the magnitude of the 100- year recurrence interval. Regional flood is synonymous with the term "base flood" used in the Flood Insurance Study. 2.825 Regulatory Flood Protection Elevation - The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. 2.826 Structure - anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers/vehicles not meeting the exemption criteria specified in Section 9.31 of the ordinance and other similar items. 2.827 Variance - mean~ a modification of a specific permitted development standard required in an official control including this ordinance to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in a community's respective planning and zoning enabling legislation. SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS 3.1 Districts: 3.11 Floodway District. The Floodway District shall include those areas designated as floodway on the Flood Boundary and Floodway Map adopted in Section 2.2. 3.12 Flood Fringe District. The Flood Fringe District shall include those areas designated as floodway fringe on the Flood Boundary and Floodway Map adopted in Section 2.2. 3.13 General Flood Plain District. The General Flood Plain District shall include those areas designated as unnumbered A Zones on the Flood Insurance Rate Map adopted in Section 2.2. 3.2 Compliance: No new structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this Ordinance and other applicable regulations which apply to uses within the jurisdiction of this Ordinance. Within the FloOdway, Flood Fringe and General Flood Plain Districts, all uses not listed as permitted uses or conditional uses in Sections 4.0, 5.0 and 6.0 that follow, respectively, shall be prohibited. In addition, a caution is provided here that: 3.21 New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this Ordinance and specifically Section 9.0; 3.22 Modifications, additions, structural alterations or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this Ordinance and specifically Section 11.0; and 3.23 As-built elevations for elevated or flood proofed structures must be certified by ground surveys and flood proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this Ordinance and specifically as stated in Section'10.0 of this Ordinance. SECTION 4.0 FLOoDwAY DISTRICT (FW) 4.1 Permitted Uses: 4.11 General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. 4.12 Industrial-commercial loading areas, parking areas, and airport landing strips. 4.13 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 trails. 4.14 Residential lawns, gardens, parking areas, and play areas. 4.2 Standards for Floodway Permitted Uses: 4.21 The use shall have a low flood damage potential. 4.22 The use shall be permissible in the underlying zoning district if one exists. 4.23 The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment. 4.3 Conditional Uses: 4.31 Structures accessory to the uses listed in 4.1 above and the uses listed in 4.32-4.38 below. 4.32 Extraction and storage.of sand, gravel, and other materials. 4.33 Marinas, boat rentals, docks, piers, wharves, and water control structures. 4.34 Railroads, streets, bridges, utility transmission lines, and pipelines. 4.35 Storage yards for equipment, machinery, or materials. 4.36 Placement of fill. 4.37 Travel trailers and travel vehicles either on individual lots of r~cord or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of Section 9.3 of this Ordinance. 4.38 Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event. 4.4 Standards for Floodway Conditional Uses: 4.41 Ail Uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a Conditional Use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected. 4.42 Ail floodway Conditional Uses shall be subject to the procedures and standards contained in Section 10.4 of this Ordinance. 4.43 The Conditional Use shall be permissible in the underlying zoning district if one exists. 4.44 Fill: (a) Fill, dredge spoil and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. (b) Dredge spoil sites and sand and gravel operations shall not be allo~ed in the floodway unless a long-term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan. (c) As an alternative, and consistent with Subsection (b) immediately above, dredge spoil disposal and sand and gravel operations may allow temporary, on-site storage of fill or other materials which would have caused an increase to the stage of the 100-year or regional flood but only after the Governing Body has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The Conditional Use Permit must be title registered with the property in the Office of the County Recorder. 4.45 Accessory Structures: (a) Accessory structures shall not be designed for human habitation. " (b) Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. (1) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and, (2) So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. (c) Accessory structures shall be elevated on fill or structurally dry flood proofed in accordance with the FP-1 or FP-2 flood proofing classifications in the State Building Code. As an alternative, an accessory structure may be flood proofed to the FP-3 or FP-4 flood proofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood proofed accessory structures must meet the following additional standards, as appropriate: (1) The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; and (2) Any mechanical and utility equipment in a structure must be elevated to or above the Regulatory Flood Protection Elevation or properly flood proofed. 4.46 Storage of Materials and Equipment: (a) The storage or processing of materials that are, in time of flooding, fla~able, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the Governing Body. 4.47 Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters shall be subject to the provisions of Minnesota Statute, Chapter 105. Community-wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway. 4.48 A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100-year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream. SECTION 5.0 FLOOD FRINGE DISTRICT (FF) 5.1 Permitted Uses: Permitted Uses shall be those uses of land or structures listed as Permitted Uses in the underlying zoning use district(s). If no pre-existing, underlying zoning use districts exist, then any residential or non residential structure or use of a structure or land shall be a Permitted Use in the Flood Fringe provided such use does not constitute a public nuisance. Ail Permitted Uses shall comply with the standards for Flood Fringe "Permitted Uses" listed in Section 5.2 and the "Standards for all Flood Fringe Uses" listed in Section 5.5. 5.2 Standards for Flood Fringe Permitted Uses: 5.21 Ail structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the Regulatory Flood Protection Elevation. The finished fill elevation for structures shall be no lower than one (1) foot below the Regulatory Flood Protection Elevation and the fill shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon. 5.22 As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet for the outside dimension at ground level may be internally flood proofed in accordance with Section 4.45 (c). 5.23 The cumulative placement of fill where at any one time in excess of one-thousand (1,000) cubic yards of fill is located on the parcel shall be allowable only as a Conditional~Jse, unless said fill is specifically intended to elevate a structure in accordance with Section 5.21 of this ordinance. 5.24 The storage of any materials or equipment shall be elevated on fill to the Regulatory Flood Protection Elevation. 5.25 Th? provisions of Section 5.5 of this Ordinance shall apply. 5.3 Conditional Uses: Any structure that is not elevated on fill or flood proofed in accordance with Section 5.21-5.22 or any use of land that does not comply with the standards in Section 5.23-5.24 shall only be allowable as a Conditional Use. An application for a Conditional Use shall be subject to the standards and criteria and evaluation procedures specified ~n Sections 5.4-5.5 and 10.4 of this Ordinance. 5.4 Standards for Flood Fringe Conditional Uses: 5.41 Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the Regulatory Flood Protection Elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above-grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above-grade and not a structure's basement or lowest floor if: 1) the enclosed area is above-grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The aboved-noted alternative elevation methods are subject to the following additional standards: (a) Design and Certification - The structure's design and as-built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the Regulatory Flood Protection Elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. (b) Specific Standards for Above-grade, EncloSed Areas - Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: (1) The mini~um area of openings in the walls where internal flooding is to be used as a flood proofing technique. When openings are placed in a structure's walls to provide for entry of flood waters to equalize pressures, the bottom of all openings shall be no higher than one-foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters. (2) That the enclosed area will be designed of flood resistan~ materials in accordance with the FP-3 or FP-4 classifications in the State Building Code and shall be used solely for ~uilding access, parking of vehicles or storage. 5.42 Basements, as defined by Section 2.812 of this Ordinance, shall be subject to the following: (a) Residential basement construction shall not be allowed below the Regulatory"Flood Protection Elevation. (b) Non-residential basements may be allowed below the Regulatory Flood Protection Elevation provided the basement is structurally dry flood proofed in accordance with Section 5.43 of this Ordinance. 5.43 All areas of non residential structures including basements to be placed below the Regulatory Flood Protection Elevation shall be flood proofed in accordance with the structurally dry flood proofing classifications in the State Building Code. Structurally dry flood proofing must meet the FP-1 or FP-2 flood proofing classification in the State Building Code and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of bouyancy. Structures flood proofed to the FP-3 or FP-4 classification shall not be permitted. 5.44 When at any one time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal or construction of flood control works, an erosion/sedimentation control plan must be submitted unless the community is enforcing a state approved shoreland management ordinance. In the absence of a state approved shoreland ordinance, the plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100-year or regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the Governing Body. The plan may incorporate alternative procedures for removal of the material from the flood plain if adequate flood warning time exists. 5.45 Storage of Materials and Equipment: (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a $1ood warning and in accordance with a plan approved by the Governing Body. 5.46 The provisions of section 5.5 of this Ordinance shall also apply. 5.5 Standards for All Flood Fringe Uses: 5.51 All new principal structures must have vehicular access at or above aK elevation not more than two (2) feet below the Regulatory Flood Protection Elevation. If a variance to this requirement is granted, the Board of Adjustment must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist. 5.52 Commercial Uses - accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the Regulatory Flood Protection Elevation. However, a permit for such facilities to be used by the employees or the general public shall not'be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth greater than two feet or be subject to flood velocities greater than four feet per second upon occurrence of the regional flood. 5.53 Manufacturing and Industrial Uses - measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Section 5.52 above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. 5.54 Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100- year flood elevation - FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. 5.55 Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodw&y or other encroachment limit has not been specified on the official Zoning Map. 5.56 Standards for travel trailers and travel vehicles are contained in Section 9.3. 5.57 All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse ~nd lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. SECTION 6.0 GENERAL FLOOD PLAIN DISTRICT 6.1 Permissible Uses: 6.11 The uses listed in Section 4.1 of this Ordinance shall be permitted uses. 6.12 All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to Section 6.2 below. Section 4.0 shall apply if the proposed use is in the Floodway District and Section 5.0 shall apply if the proposed use is in the Flood Fringe District. 6.2 Procedures for Floodway and Flood Fringe Determinations Within the General Flood Plain District. 6.21 Upon'receipt of an application for a Conditional Use Permit for a use within the General Flood Plain District, the applicant shall be required to furnish 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 within the Floodway or Flood Fringe District. (a) 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. (b) Plan (surface view) showing elevations or contours of the ground;.p~rtinent structure, 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. (c) Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. 6.22 The_applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the Floodway or Flood Fringe District and to determine the Regulatory Flood Protection Elevation. Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000 - 6120.6200 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation ~ethodology with the respective Department of Natural Resources' Area Hydrologist prior to commencing the analysis. The designated engineer or expert shall: (a) Estimate the peak discharge of the regional flood. (b) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. (c) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage increase than .5' shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries. 6.23 The Zoning Administrator shall present the technical evaluation and findings of the designated engineer or expert to the Governing Body. The Governing Body must formally accept the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary or deny the permit application. The GOverning Body, prior to official action, may submit the application and all supporting data and analyses to the Federal Emergency Management Agency, the Department of Natural Resources or the Planning Commission for review and comment. Once the Floodway and Flood Fringe Boundaries have been determined, the Governing Body shall refer the matter back to the Zoning Administrator who shall process the permit application consistent with the applicable provisions of Section 4.0 and 5.0 of this Ordinance. SECTION 7.0 SUBDIVISIONS2 7.1 Review Criteria: No land shall be~subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. Ail lots within the flood plain districts shall contain a building site at or above the Regulatory Flood Protection Elevation. Ail subdivisions shall have water and sewage treatment facilities that comply with the provisions of this Ordinance and have road access~both to the subdivision and to the individual building sites no lower than two feet below the Regulatory Flood Protection Elevation. For all subdivisions in the flood plain, the Floodway and Flood Fringe boundaries, the Regulatory Flood Protection Elevation and the required elevation of all access roads shall be clearly labelled on all required subdivision drawings and platting documents. 7.2 Floodway/Flood Fringe Determinations in the General Flood Plain District: In the General Flood Plain District, applicants shall provide the information required in Section 6.2 of this Ordinance to determine the 100-year flood elevation, the Floodway and Flood Fringe District boundaries and the Regulatory Flood Protection Elevation for the subdivision site. 7.3 Removal of Special Flood Hazard Area Designation: The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. 2This Section is not intended as a substitute for a comprehensive city or county subdivision ordinance. It can, however, be used as an interim control until the comprehensige subdivision ordinance can be amended to include necessary flood plain management provisions. SECTION _ 8.0 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES 8.1 Public Utilities. Ail public utilities and facilities such as gas,-electrical, sewer, and water supply systems to be located in the flood plain shall be flood-proofed in accordance with the State Building Code or elevated to above the Regulatory Flood Protection Elevation. 8.2 Public Transportation Facilities. Railroad tracks, roads, and bridges t6 be located within the flood plain shall comply with Sections 4.0 and 5.0 of this Ordinance. Elevation to the Regulatory Flood Protection Elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. 8.3 On-site Sewage Treatment and Water Supply Systems: Where public utilities are not provided: 1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and 2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the State's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this Section. SECTION 9.0 MANUFACTURED HOMES AND MANUFACTURED HOME PARKS AND PLACEMENT OF TRAVEL TRAILERS AND TRAVEL VEHICLES. 9.1 New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by Section 7.0 of this Ordinance. 9.2 The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in flood plain districts will be treated as a new structure and may be placed only if elevated in'compliance with Section 5.0 of this Ordinance. If vehicular road access for pre-existing manufactured home parks is not provided in accordance with Section 5.51, then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the Governing Body. 9.21 Ail manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. 9.3 Travel trailers and travel vehicles that do not meet the exemption criteria specified in Section 9.31 below shall be subject to the provisions of this Ordinance and as specifically spelled Put in Sections 9.33-9.34 below. 9.31 Exemption - Travel trailers and travel vehicles are exempt from the provisions of this Ordinance if they are placed in any of the areas listed in Section 9.32 below and further they meet the following criteria: (a) Have current licenses required for highway use. (b) Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks and the travel trailer/travel vehicle has no permanent structural type additions attached to it. (c) The travel trailer or travel vehicle and associated use must be permissible in any pre-existing, underlying zoning use district. 9.32 Areas Exempted For Placement of Travel/Recreational Vehicles: (a) Individual lots or parcels of record. (b) Existing commercial recreational vehicle parks or campgrounds. (c) Existing condominium type associations. 9.33 Travel trailers and travel vehicles exempted in Section 9.31 lose this exemption when development occurs on the parcel exceeding $500 dollars for a structural addition to the travel trailer/travel vehicle or an accessory structure such as a garage or storage building. The travel trailer/travel vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/flood proofing requirements and the use of land restrictions specified in Sections 4.0 and 5.0 of this Ordinance. 9.34 New c~mercial travel trailer or travel vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following: (a) Any new or replacement travel trailer or travel vehicle will be allowed in the Floodway or Flood Fringe Districts provided said trailer or vehicle and its contents are placed on fill above the Regulatory Flood Protection Elevation and proper elevated road access to the site exists in accordance with Section 5.51 of this Ordinance. No fill placed in the floodway to meet the requirements of this Section shall increase flood stages of the 100-year or regional flood. (b) Ail new or replacement travel trailers or travel vehicles not meeting the criteria of (a) above may, as an alternative, be allowed as a Conditional Use if in accordance with the following provisions and the provisions of 10.4 of the Ordinance. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100 year flood. Said plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to carry out the evacuation. All attendant sewage and water facilities for new or replacement travel trailers or other recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with Section 8.3 of this Ordinance. SECTION 10.0 ADMINISTRATION 10.1 Zoning Administrator: A Zoning Administrator or other official designated by theGoverning Body shall administer and enforce this Ordinance. If the Zoning Administrator finds a violation of the provisions of this Ordinance the Zoning Administrator shall notify the person responsible for such violation in accordance with the procedures stated in Section 12.0 of the Ordinance. 10.2 Permit Requirements: 10.21 Permit Required. A Permit issued by the Zoning Administrator in conformity with the provisions of this Ordinance shall be secured prior to the erection, addition, 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 change or extension of a nonconforming use; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the flood plain. 10.22 Application for Permit. Application for a Permit shall be ma~e in duplicate to the Zoning Administrator on forms furnished by the Zoning Administrator and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel. 10.23 State and Federal Permits. Prior to granting a Permit or processing an application for a Conditional Use Permit or Variance, the Zoning Administrator shall determine that the applicant has obtained all necessary State and Federal Permits. 10.24 Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. It shall be unlawful to use, occupy, or permit the use or .pccupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a Certificate of Zoning Compliance shall have been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this Ordinance. 10.25 Construction and Use to be as Provided on Applications, Plans, Permits, Variances and Certificates of Zoning Compliance. Permits, Conditional Use Permits, or Certificates of Zoning Compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Ordinance, and punishable as provided by Section 12.0 of this Ordinance. 10.26 Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Flood- proofing measures shall be certified by a registered professional engineer or registered architect. 10.27 Record of First Floor Elevation. The Zoning Administrator shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the flood plain. The Zoning Administrator shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood-proofed. 10.3 Boars of Adjustment: 10.31 Rules. The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on such Boards by State law. 10.32 Administrative Review. The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this Ordinance. 10.33 Variances. The Board may authorize upon appeal in specific cases such relief or variance from the terms of this Ordinance as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling ~egislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in the respective enabling legislation which justified the granting of the variance. No Variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the Regulatory Flood Protection Elevation for the particular area, or permit standards lower than those required by State law. 10.34 Hearings. Upon filing with the Board of Adjustment of an appeal from a decision of the Zoning Administrator, or an application for a variance, the Board shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by law. The Board shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Variances sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. 10.35 Decisions. The Board shall arrive at a decision on such appeal or Variance within days. In passing upon an appeal, the Board may, so long as such action is in conformity with the provisions of this Ordinance, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the Zoning Administrator or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a Variance the Board may prescribe appropriate conditions and safeguards such as those specified in Section 10.46, which are in conformity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the Variance is granted, shall be deemed a'violation of this Ordinance punishable.under Section 12.0. A copy of all decisions granting Variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. 10.36 Appeals. Appeals from any decision of the Board may be made, and as specified in this Community's Official Controls and also Minnesota Statutes. 10.37 Flood Insurance Notice and Record Keeping. 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 and 2) Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maihtain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. 10.4 Conditional Uses. The (Governing Body/Planning Comm./Bd. of Adjust. shall hear and decide applications for Conditional Uses permissible under this Ordinance. Applications shall be submitted to the Zoning Administrator who shall forward the application to for consideration. (Designated Body) 10.41 Hearings. Upon filing with the an application for a (Designated Body) Conditional Use Permit, the shall submit (Designated Body) by mail to the Commissioner of Natural Resources a copy of the application for proposed Conditional Use sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. 10.42 Decisions. The shall arrive at (Designated Body) a decision on a Conditional Use within days. In granting a Conditional Use Permit the shall prescribe appropriate (Designated Body) conditions and safeguards, in addition to those specified in Section 10.46, which are in conformity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the Conditional Use Permit is granted, shall be deemed a violation of this Ordinance punishable under Section 12.0. A copy of all decisions granting Conditional Use Permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. 10.43 Procedures to be followed by the (Designated Body) in Passing on Conditional Use Permit Applications Within all Flood Plain Districts. (a) ReqUire the applicant to furnish such of the following information, and additional information as deemed necessary by the for determining the suitability of (Designated Body) the particular site for the proposed use: (1) Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures,"fill, storage of materials, flood- proofing measures, and the relationship of the above to the location of the stream channel. (2) Specifications for building construction and materials, flood-proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. (b) Transmit one copy of the information described in subsection (a) to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. (c) Based upon the technical evaluation of the designated engineer or expert, the shall determine the (Designated Body) specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. 10.44 Factors Upon Which the Decision of the Shall Be Based. In passing (Designated Body) upon Conditional Use applications, the (Designated Body) shall consider all relevant factors specified in other sections of this Ordinance, and: (a) The danger to life and property due to increased flood heights or velocities caused by encroachments. (b) The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. (c) The prOposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. (d) The susceptability of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (e) The importance of the services provided by the proposed facility to the community. (f) Th~ requirements of the facility for a waterfront location. (g) The availability of alternative locations not subject to flooding for the proposed use. (h) The comparability of the proposed use with existing development and development anticipated in the forseeable future. (i) The relationship of the proposed use to the comprehensive plan aqd flood plain management program for the area. (j) The safety of access to the property in times of flood for ordinary and emergency vehicles. (k) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. (1) Such other factors which are relevant to the purposes of this Ordinance. 10.45 Time for Acting on Application. The shall act on an application in the (Designated Body) manner described above within days from receiving the application, except that where additional information is required pursuant to 10.44 of this Ordinance. The shall render a written decision within (Designated Body) days from the receipt of such additional information. 10.46 Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purpose of this Ordinance, the shall attach such (Designated Body) conditions to the granting of Conditional Use Permits as it deems necessary to fulfill the purposes of this Ordinance. Such conditions may include, but are not limited to, the following: (a) Modification of waste treatment and water supply facilities. (b) Limitations on period of use, occupancy, and operation. (c) Imposition of operational controls, sureties, and deed restrictions. (d) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (e) Flood-~roofing measures, in accordance with the State Building Code and this Ordinance. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood-proofing measures are consistent with the Regulatory Flood Protection Elevation and associated flood factors for the particular area. SECTION _11.0 NONCONFORMING USES 11.1 A structure or the use of a structure or premises which was lawful before the passage or amendment of this Ordinance but which is not in conformity with the provisions of this Ordinance may be continued subject to the following conditions: 11.11 No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity. 11.12 Any alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the Regulatory Flood Protection Elevation in accordance with any of the elevation on fill or flood proofing techniques ( i.e. , FP-1 thru FP-4 floodproofing classifications) allowable in the State Building Code, except as further restricted in 11.13 below. 11.13 The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this Section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the Community's initial flood plain controls must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of Section 4.0 or 5.0 of this Ordinance for new structures depending upon whether the structure is in the Floodway or Flood Fringe, respectively. 11.14 If any nonconforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this Ordinance. The assessor shall notify the Zoning Administrator in writing of instances of nonconforming uses which have been discontinued for a period of 12 months. 11.15. If any nonconforming use or structure is destroyed by any means, including floods, to an extent of 50 percent or more of its~arket value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Ordinance. The applicable provisions for establishing new uses or new structures in Sections 4.0, 5.0 or 6.0 will apply depending upon whether the use or structure is in the Floodway, Flood Fringe or General Flood Plain District, respectively. SECTION 12.0 PENALTIES FOR VIOLATION 12.1 Violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of Variances or Conditional Uses) shall constitute a misdemeanor and shall be punishable as defined by law. 12.2 Nothing herei~ contained shall prevent the from taking such other lawful action (local unit) as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: 12.21 In responding to a suspected ordinance violation, the Zoning Administrator and Local Government may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The community must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. 12.22 When an ordinance violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources' and Federal Emergency Management Agency Regional Office along with the Community's plan of action to correct the violation to the degree possible. 12.23 The Zoning Administrator shall notify the suspected party of the requirements of this Ordinance and all other Official Controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a pro~eer permit or approval is granted by the Community. -If the construction or development is already completed, then the Zoning Administrator may either (1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls, or (2) notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30-days. 12.24 I~ the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this Ordinance and shall be prosecuted accordingly. The Zoning Administrator shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this Ordinance. SECTION 13.0 AMENDMENTS The flood plain designation on the Official Zoning Map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regional flood and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. Ail amendments to this Ordinance, including amendments to the Official Zoning Map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map must meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given 10-days written notice of all hearings to consider an amendment to this Ordinance and said notice shall include a draft of the ordinance amendment or technical study under consideration. ATTACHMENT 4 Northwe ssoci Consul ants, Inc. U R B A-N P L NG D N M A R K E R ES E A R C H MEMORANDUM TO: Kirk McDonald FROM: Robert Kirmis/Alan Brixius DATE: 6 February 1991 RE: New Hope - Floodplain Ordinance FILE NO: 131.00 - 91.02 BACKGROUND Per your request, our office has conducted a review of the Model Floodplain Ordinance prepared by the Minnesota Department of Natural Resources in regard to its consistency with the existing New Hope Floodplain Ordinance. I.n addition, a brief analysis/history of community flooding characteristics is provided to aid in a determination of appropriateness of many of the regulations held within the State Model Ordinance. This memorandum should be considered a first step toward the tailored adoption of the State floodplain document. Attached for reference: Exhibit A - Floodplain Locations ~ ~ Exhibit B - Flood Boundary and Floodway Map ~ Exhibit C - Floodway Schematic ISSUES ANALYSIS ORDINANCE REVIEW.' The following discussion will provide a comparative analysis between the existing new Hope Floodplain Ordinance and the Model Ordinance recently prepared by the Department of Natural Resources. The discussion is intended to note discrepancies and/or inconsistencies between the two documents and make suggestions on the cited differences. 4601 Excelsior Blvd.- Suite 410.Minneapolis, MN 55416.(612) 925-9420. Fax 925-2721 Section 4.1~1 Purpose The statement of purpose contained within the New Hope Ordinance is considerably more detailed than that offered within the State Model Ordinance. It should be noted that the purpose statement contained within the New Hope Ordinance includes a discussion of statutory authorization. Within the State Model Ordinance, the mention of authorization has been drafted as an independent subsection of the model. Whether a separate statement of authorization is considered necessary is a relatively subjective issue. Section 4.172 Warninq and Disclaimer of Liability This section of the New Hope Ordinance makes note that the section does not imply that areas outside the Floodplain District boundaries will be free from flooding or damages. This information is reiterated within the State Ordinance and should be retained. Section 4.173 District Application This section of the New Hope Ordinance stipulates that the Floodplain District is to be superimposed upon existing zoning districts. While this point is not specifically offered within the State Ordinance, its containment is considered worthy and should be retained within the New Hope Ordinance. Section 4.174 District Subdivision The City Ordinance basically notes the fact that the Floodplain District is subdivided into a floodway and flood fringe. This information, as contained within the State Ordinance, is provided within a definition section format. Generally, it is believed that all terms subject to definition should be provided within the initial definition section of the Ordinance. While the information contained within Section 4.174 is somewhat repetitious of that provided within the ordinance's definition section, it does offer an understanding of Floodplain Dist'rict application. As such, the City should consider its inclusion within a revised floodplain ordinance. Section 4.175 Delineation of Floodplain District This section of the New Hope Ordinance notes the fact that the Floodplain District includes those areas which lie within the 100 year flood boundary as identified by the Federal Flood Insurance Administration. This material is similarly offered in the State Ordinance and should remain as stated. Section 4.174 Rule for Interpretation of District Boundaries Section 4.176 -Qf the New Hope Ordinance relates to exact determination of district boundaries and provides the City Engineer with interpretation power. This section is taken nearly verbatim from the State Model Ordinance and appears acceptable as it exists. Section 4.177 Use Permit This section of the New Hope Ordinance basically outlines procedural requirements necessary to obtain a use permit within the Floodplain District. Generally the State Model Ordinance contains a greater amount of detail regarding this issue. Specific material which should be considered for inclusion within an adopted City. Ordinance should include the following: 1. The necessity to obtain all necessary state and federal permits. 2. The issuance of a zoning compliance certificate by the Zoning Administrator. 3. An applicant should be required to submit certification by applicable professionals (architect, engineer, etc.) that finished fill and building elevations are in compliance with ordinance requirements. 4. The zoning Administrator should maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. Section 4.178 Variances and Amendments This section of the New Hope Ordinance stipulates that the Minnesota Department of Natural Resources must be .given notification of all variance requests. This section of' the ordinance is nearly identical to that offered within the State Model Ordinance. As such, no changes are deemed necessary. Section 4.179 Permitted Uses Section 4.179 of the New Hope Ordinance identifies permitted uses, permitted accessory uses and conditional uses within the FP, Floodplain District. 3 While Floodplain District regulations are generally similar to those found in the State Model Ordinance, one major discrepancy between the documents is present. The State Model Ordinance establishes an individual listing of permitted uses, conditional uses and standards for a "Floodway" District, a "Flood Fringe" District and a general Floodplain District. The existing New Hope Ordinance, on the other hand, provides only regulations for a singular Floodplain District. By providing floodway and flood fringe district standards, varied degrees of regulations are offered within the floodplain district. The City should make comment on whether such a regulatory division of the Floodplain District would be advantageous to New Hope. Such a determination should include an examination of existing uses within the City's floodway and flood fringe areas. New Hope's floodway boundary maps do not currently provide any delineation of the City's floodway and flood fringe areas. This, coupled with the fact that essentially all areas which border the City's floodplain are fully developed, may negate any applicability of a floodplain division. This issue should, however, be subject to further City' discussion and specific recommendation by the City Engineer. OTHER ISSUES Subdivisions. The State Model Ordinance contains specific language relating to an applicant's responsibility to submit varied information necessary to determine the Regulatory Flood Protection Elevation and whether a proposed use is within the Floodway or Flood Fringe District. Information to be submitted would include: (a) 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. (b) Plan (surface view) showing elevations or contours of the ground; pertinent structure, 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. (c) Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. 4 Because areas bounding the City's designated flooding areas are generally fully'developed, the City may consider the inclusion of the aforementioned material unnecessary. This issue, however, should be subject to City discussion and specific comment by the City Engineer. Administration. The State Model Ordinance provides a specific set of factors from which decisions regarding conditional use permit applications within the floodplain may be based. These factors, as listed below, should be considered for inclusion within the New Hope Ordinance as they provide a sound base from which to make decisions regarding development acceptability. (a) The danger to life and property due to increased flood heights or velocities caUsed by encroachments. (b) The danger that materials may be swept onlo other lands or downstream to the injury of others or they may block bridges, culverts, or other hydraulic structures. (c) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. (d) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (e) The importance of the services provided by the proposed facility to the community. (f) The requirements of the facility for a waterfront location. (g) The availability of alternative locations not subject to flooding for the proposed use. (h) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. ~ (i) The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area. (j) The safety of access to the property in times of flood for ordinary and emergency vehicles. (k) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. (1) Such other factors which are relevant to the purposes of this Ordinance. 5 COMMUNITY FLOODING ISSUES Floodinq Sources. In determining appropriate applications of the State Model Ordinance, it is vital to examine the flooding characteristics of the City. According to a Flood Insurance Study conducted by the Federal Emergency Management Agency, there are three primary flooding sources within the City: 1. Long Lake Outfall, located in north-central New Hope from Long Meadow Lake to the corporate limit. 2. Long Meadow Lake, in north-central New Hope. 3. Local Pond, in southwestern New Hope for its entire reach within the City. The location of these flooding sources is -illustrated upon Exhibit A. Floodplain Land Usaqe.. Per the Emergency Management Agency, development has occurred adjacent to the City's designated 100 year floodplains. In the past, some basement walk-outs have been threatened during periods of high water. In addition, localized intersection flooding has occurred in summer months due to thunderstorms. In general, however, development has been restricted to areas outside the floodplain. Virtually all of the 100 year floodplains are currently in parks or open space usage. Floodinq Problems. The Emergency Management Agency has indicated that past flooding in New Hope has occurred from both summer rain storms and spring snow melt runoff. Due to the natural storage provided in the Bass Creek Watershed upstream from New Hope, and the lack of development adjacent to the creek, there are no historical indications of past flood events in the City. As noted in earlier discussion, the issue of specific floodway and flood fringe regulation is of significant importance in the adoption of the State Ordinance. ~ ~ Floodways/Flood Frinqes. Encroachment on floodplains, such' as artificial fill, reduces the flood-carrying capacity, increases the flood heights of streams, and increases flood hazards in areas beyond the encroachment itself. One aspect of floodplain management involves balancing the economic gain from floodplain development against the resulting increase in flood hazard. For purposes of the National Flood Insurance Program, the concept of a floodway is used as a tool to assist local communities in this aspect of floodplain management. Under this concept, the area of the 100 year flood is divided into a floodway and a floodway fringe, the floodway is the channel of a stream plus any adjacent floodplain areas that must be kept free of encroachment 6 in order that the 100 year flood may be carried without substantial increases in flood heights (see Exhibit C). The area between the floodway and the boundary of the 100 year flood is termed the floodway fringe. The floodway fringe thus encompasses the portion of the floodplain that could be completely obstructed without increasing the water-surface elevation of the 100 year flood more than 0.5 foot at any point. As shown upon the Emergency Management Agency's floodway boundary map (Exhibit D), specific floodways within New Hope have not been illustrated. In discussing this issue with North Hennepin County Hydrologist, Tom Hovey, it was indicated that if floodways do exist within the City's 100 year floodplain, they are likely not illustrated for one of two reasons. First, they may have been so slight that they simply were not illustrated. Secondly, they simply may not have been subject to investigation. In regard to whether it would be in the best interest of the City to pursue separate regulation of the City's floodway and flood fringe areas, Mr. Hovey indicated that regulation via a single "General Floodplain District" such as currently in place in the City would likely be most appropriate. Mr. Hovey's recommendation was based on the fact that New Hope has few if any significant floodway channels and regulation via a single district application would significantly simplify any reviewal process. CONCLUSION Based on the preceding analysis, it is evident that the State Model Ordinance for floodplain management holds greater detail and regulation than the existing New Hope Ordinance. A notable discrepancy between two documents is the individualized regulation of the floodway and flood fringe areas present within the State Ordinance. Based on a discussion with a DNR Hydrologist and an examination of the City's floodway areas, it is recommended that the City pursue its existing regulation~via a single "General Floodplain District". ~ Specific sections within the State Model Ordinance which do hold particular relevance to New Hope and should be considered for inclusion within an amended City document include stipulations relating to both use permits and administration. cc: Dan Donahue Doug Sandstad EXHIBIT A - FLODPLAIN LOCATIONS '- I ZONE CF ' I - , ;<; ZONE C XYLON AV I~'~'0 r-' [ ~/ r"~ RoADEAST Z A A . ~'/ "' ~ A A -~ '/ ~dONE --~ , ~V~E KEY TO MAP 500-Year FlooO ~oundar~ lOO-Year FlooO Boundary FLOODWAY FRINGE ~ FLOODWAY ~ t00-Year Flood Boundary 500-Year Flood Boundary ~mS~N ~ ~v~uE J Approximate lO0-Year ~ ~ Flood Boundary ~ *~av~u~ ~ ~ [levation Reference Mark ~M7X -- River Mile RM2 ~vE~u~ . ' ~ / ZONE C ?, ][ ' -~ '- --~EXHIBIT-B1 - FLOOD BOUNDARY AND FLOODWAY MAP ____~. . ..... ~ , 3N008 KEY ~~ 500-Yea~ Flood Boundar% O O 100-Year Flood Boundary ~ FLOODWAY FRINGE 100-Year Flood Boundary 500-Year Flood Boundary Approximate tOO-Year Flood Boundary Cross Section Line 0 0 Elevation Re~erence Mark River Mile 100 -YEAR FLOOD PLAIN --~ LOOOWAY ~ ~ FLOODWAY -"-- -Ir' L ()ODWAY~_ FRINGE FRINGE STREAM CHANNEL FLOOD ELEVATION WHEN CONFINED WITHIN FLOODWAY ON FLOOD PLAIN EXHIBIT C - FLOODWAY SCHEMATIC ~ SHOPPING CENTER PARKING REQUIREMENTS A. Backqround The New Hope Zoning Ordinance currently provides three different off- street parking standards for shopping centers according to facility size: Building Area Parking Required 0-20,000 square feet 10 spaces per 1,000 square feet 20,000-30,000 square feet 8 spaces per 1,000 square feet 30,000 square feet and over 6 spaces per 1,000 square feet In the past the current standard has worked well for centers less than 50,000 square feet in size, but the application of the standard of six spaces per 1,000 square feet for shopping centers of 50,000 square feet in Size has been questioned. The idea of creating new standard which would specifically address shopping centers greater than 50,000 square feet in size has been discussed with the Planning Consultant. B. Attachments The Planning Consultant has prepared the attached report and compared the current New Hope Standards to the ITE (Institute of Traffic Engineers) Parking Generation Manual. A sample survey shows that the City standard of six spaces per 1000 square feet is high for a center ranging from 50,000 to 100,000 square feet. The high average was 4.7 vehicles per 1000 square feet. The Building official has prepared a chart illustrating available and required parking at shopping center complexes in New Hope and shows the impact that the ordinance change would have on proposed parking spaces. The current parking requirements ordinance for shopping centers is attached. C. Comments The Consultant feels that a revised standard should be considered and the Building Official supports the change for the following reasons: 1. The current City standard groups all centers over 30,000 square feet into the same category. 2. The current City standard is higher than the average for centers over 50,000 square feet in size. 3. A new standard would provide adequate parking based on peak parking demands, but would not promote an over-supply of parking. 4. Shopping centers promote one-stop shopping at several different stores and this encourages a turnover in parking spaces. 5. Less restrictive parking requirements for larger centers would reduce the asphalt coverage of a lot and would promote additional landscaping/green area. ATTACHMENT 1 ' I R B A P L. N G D N . M A R K E T R E S E A R C H MEMORANDUM TO: Doug Sandstad/Kirk McDonald FROM: Robert Kirmis/Alan Brixius DATE: 17 January 1991 RE: New Hope - Shopping center Parking Requirements FILE NO: 131.00 - 91.01 BACKGROUND At your request, I have conducted a comparative analysis of the City's off-street parking standards for shopping centers and the standards for similar facilities offered by the Institute of Transportation Engineers within the ITE Parking Generation Manual. The analysis has been initiated by a perceived need for the City Zoning Ordinance to specifically address shopping centers over 50,000 square feet in size. ISSUES ANALYSIS Existinq Standards. Currently, the New Hope Zoning Ordinance provides three differing off-street parking standards for shopping centers. The said standards vary according to facility size and are listed below per Section 4.036 (10) (2). (2) Shopping Centers. (i) 0-20,000 square feet of building area - ten spaces per one thousand square feet. (ii) 20,001 - 30,000 square feet of building area - eight spaces per one thousand square feet. (iii)30,001 square feet and pver of building area - six spaces per one thousand square feet. All areas are cumulative and refer to gross leasable building area and do not include covered or enclosed walkways, malls or lanes between stairs and similar public areas not intended or used for sales, display or other commercial purposes. 4601 Excelsior Blvd.- Suite 410. Minneapolis, MN 55416. (612) 925-9420.Fax 925-2721 As shown above, a proportionate off-street parking standard for shopping centers of varied size is offered within the Ordinance. While past experience has shown the standard to work well for centers less than 50,000 square feet in size, the application of the six spaces per 1,000 square feet for larger centers (greater than 50,000 square feet) has raised questions. In addressing this issue, the City has requested an investigalion · into the possibility of creating a new standard which would specifically address shopping centers greater than 50,000 square feet in size. ITE Standards. To aid in the determination of an appropriate off-street parking standard for shopping centers greater than 50,000 square feet in size, the ITE Parking Generation Manual has been referenced. According to the said manual, a sample of shopping centers ranging in size from 50,000 to 99,999 square feet in size revealed a peak weekday parking range from 1.3 to 4.7 vehicles per 1,000 square feet. Saturday rates (Thanksgiving-December), on the other hand, revealed a range of from 3.7 to 5.4 vehicles per 1,000 square feet. Because Ordinance parking standards are designed to address peak parking demands, it is recommended that this line of thought be utilized in the formulation of a standard for shopping centers greater than 50,000 square feet in size. Resultantly, an off-street parking requirement of five spaces for shopping centers greater than 50,000 square feet in size should be subject to consideration for incorporation within the City Zoning Ordinance. CONCLUSION Based on the preceding analysis, it appears that an off-street parking standard of five spaces per 1,000 square feet of building area is most appropriate for shopping centers greater than 50,000 square feet in size. This standard differs from the standard currently in place which requires six spaces per 1,000 square feet. " cc: Dan Donahue ATTAC! ]NT 2 CITY OF NEW HOPE SHOPPINg CENTERS Building/Parking Ratios February, 1991 EXISTINg CODE *O~DINANCE CHANGE PROPERTY: ADDRESS: BUILDING AliEA: AVAILABLE PARKING: "REQUIRED P~.KING": PROPOSED P~tKING: Poste Haste 9408-9450 36th 21,780 square feet 156 156 156 -- Midland Center 2703-61 Winnetka 69,062 " 421 414 345 [-69] New Hope Mall 4203-39 Winnetka 79,844 " 463 (480 option)# 461 384 [-77] Winnetka Center 4401-4471Wtka b 92,200 " 617 553 461 [-92] KMART Center 4301-4351Xylon 118,300 " 630 (662 option)# 709 590 [-119] # New Site Plans are in process of review with restriping using the newer reduced dimensions in city code. In each case, more parking can be created on these large properties with slightly smaller stall widths and lengths. NOTE: Staff are not aware of any parking shortage on these Shopping Center lots. While one center, the New Hope Mall has a rush hour heavy use of the north and center parking lot, it has a property management problem because their are usually several dozen empty stalls at the rear where all employees should be parking. One option in a revised parking standard is to reduce the asphalt coverage of the lot with new landscaping. Another option is to expand the buildings. A third option is to consider splitting off new "Satellite" developments envisioned and built as described in our Commercial Core Design Guidelines". [McDonalds and the Marquette Bank Drive-In are examples. ] No change will result in the maintenance of the status quo, with excess asphalt on these B-4 sites~over 50,000 sqaure feet. ATTACHMENT 3 4.036 (10)(z) - (ll)(a)(i) ~ , (z) ~hopping Centers. (i) '0-- 20,000 square feet of building area - ten spaces per one thousand square feet. (ii) 20,001 - 30,000 square feet of building area - eight spaces per one thousand square feet. (iii) 30,001 square feet and over of building area - six spaces per one thousand square feet. Ail areas are cumulative and refer to gross leasable building area and do not include covered or enclosed walkways, malls or lanes between stairs and similar public areas not intended or used for sales, display or other commercial purposes. (aa) Private Racketball~ Handball, and Tennis Courts. Not less than six spaces for each court. (bb) Manufacturinq, Fabricating or Processing of a Product or Material. One space for each three hundred and fifty square feet of floor area, plus one space for each company owned truck (if not stored inside principal building). (cc) Warehousing~ Storage or Handling of Bulk Goods. That space which is solely used as office shall comply with the office use requirements and one space per each one thousand square feet of floor area, plus one space for each company owned truck (if not stored inside principal building). (dd) Other Uses. Other uses not specifically mentioned herein shall be determined on an individual basis by the City Council. Factors to be considered in such determination shall include (without limitation) size of building, type of use, number of employees, expected volume and turnover of customer traffic and expected frequency and number of delivery or service vehicles. (11) Joint Facilities. (a) Off-Site Joint Use of Parking. The City Council may, after receiving a report and recommendation from the Planning Commission, approve a conditional use permit for one or more businesses to provide the required off-street parking facilities by joint use of one or more sites where the total number of spaces provided are less than the sum of the total required for each business should they provide them separately. When considering a request for such a permit, the Planning Commission shall not recommend that such permit be granted except when the following conditions are found to exist. (i) Entertainment Uses. Up to fifty percent of the parking facilities required for a theatre, bowling alley, dance hall, bar or restaurant may be supplied by the off- street parking facilities provided by types of Uses specified as primarily daytime uses an subsection (iv) below. 4-38 072684