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Home My WebLink About1991 02-14 PCP PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER FEBRUARY 14, 1991 REGULAR SESSION 1. Call to Order: 7:30 p.m. 2. Roll Call 3 . Approval of Minutes - January 31, 1991 4. Chairperson's Explanation: The Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to- the City Council. The City Council makes all final decisions in these matters. 5. Frances Lunacek 91003 Request to rezone from R5 to R1 a 41' x 132 ' strip of land belonging to the property at 5211 Xerxes Avenue North, just south of the access drive to the property. 6. Frances Lunacek 91004 . Request for preliminary plat approval to transfer a 41' x 132 ' strip of land from the property at 5211 Xerxes to the property at 5201 Xerxes Avenue North. 7. Other Business a) Comprehensive Plan Amendment 1) Public Hearing 2) Resolutions a. Discussion Items a) Flood Plain Ordinance i 9. Adjournment ] I • • Planning Commission Information Sheet Application No. 91003 Applicant: Frances Lunacek Location: 5201 Xerxes Avenue North Request: Rezoning The applicant requests approval of a rezoning from R5 to R1 of a 41' x 132 ' strip of land which presently belongs to the apartment property at 5211 Xerxes Avenue North. The land to be rezoned is presently bounded on the north by an access drive serving the three apartments at 5207, 5209 and 5211 Xerxes Avenue North, on the east by Xerxes Avenue North, on the south by the Lunacek residence at 5201 Xerxes, and on the west by the parking lot for the apartments and the bulk of the lot at 5211 Xerxes. Ms. Frances Lunacek is the owner of both the single-family home at 5201 Xerxes and the 12 unit apartment building at 5211 Xerxes. She wishes to rezone from R5 to R1 the portion of the 5211 property which lies to the north of her single-family lot, outside of a fence which belongs to the apartment property. The land to be rezoned would be attached to her single-family lot through replatting (see Application No.91004) and would not become a separate single-family lot. The lot area of the apartment property after the land transfer would be 39, 095 sq. ft. The land area requirement of the 12 unit apartment building is only 32, 400 sq. ft. Therefore, no lot area variance is sought. Ms. Lunacek has been maintaining the land in question as part of her single-family lot for many years and wishes to make the property line conform more closely with physical realities. Rezoning All rezoning applications are evaluated in light of the Rezoning Evaluation Policy and Review Guidelines contained in Section 35-208 of the City's- Zoning Ordinance (attached) . The applicant's representative, Mr. Steve Graffunder of Henningson and Snoxell, Ltd. , has submitted written arguments addressing these guidelines. A review of those arguments and staff comments follow: (a) Is there a clear and public need or benefit? Applicant: "Yes, the public would benefit because the strip of land which is the subject of this rezoning application would retain its R1 characteristics. In addition, the subject property has been treated as part of an R1 parcel for many years. Rezoning the subject property would make the zoning and use consistent. " Staff: We agree that making the zoning and use of a property consistent is generally a good thing as long as both are consistent with comprehensive planning and sound planning principles. The City's Comprehensive Plan makes no reference to this excess strip of land. In theory, the subject land could be counted as land to 2-14-91 1 a Application No. 91003 continued support approximately two more multiple-family units on the R5 property. (It should be noted that, even with the land transfer proposed here, the R5 property will have some excess land and, therefore, the ability to add a couple units. ) As single-family zoned land, this land may someday contribute to a separate single- family lot. (It should also be noted that the location of the existing single-family home at 5201 Xerxes would prevent a subdivision without at least a lot width and a lot area variance. If the land were clear, however, there would be adequate frontage and area for two conforming single-family lots in the R1 zone. ) Because of the location of the strip of land in question, it seems more appropriate to allow for single-family use of this property rather than multiple-family use. (b) Is the proposed zoning consistent with and compatible with surrounding land use classifications? Applicant: "Yes, the neighborhood in question is residential. The properties to the north, east, and south of Ms. Lunacek's residence are zoned Rl. The properties directly to the west are zoned R5. " Staff: We agree. The neighborhood along this stretch of Xerxes is essentially single-family. The R5 strip of land is really part of an access which serves three multiple-family buildings with frontage on Brooklyn Boulevard and partially on the entrance ramp to Highway 100. Multiple family zoning adjacent to high-traffic corridors is common to serve as a buffer use. The strip of land in question is functionally a part of a single-family area. It is not really needed to serve the access drive to the three multiple- family properties. (c) Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? Applicant: "Since the primary permitted use in the R1 district is, of course, one-family dwellings, all permitted uses in the proposed zoning district can be contemplated for development of the subject property. " Staff: We have indicated above that the new Rl parcel created by this rezoning and plat would have the potential to be subdivided. That is not proposed at this time. All the applicant seeks is to continue to maintain the land in question as part of her single- family property which she has done for many years. This is certainly in keeping with the R1 designation. (d) Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? 2-14-91 14 91 2 • • � I • k . Application No. 91003 continued Applicant: "To the best of the applicant's knowledge, there have not been substantial physical or zoning classification changes in the area. " Staff: There have been no significant changes in recent years. The physical reality that underlies this rezoning is that the fence for the apartment complex does not enclose all the land within the property. Part of the apartment property adjacent to the Lunacek residence has been maintained with and functions as part of the single-family property. That longstanding reality is one of the reasons behind the rezoning application. (e) In the case of City initiated rezoning proposals, is there a broad public purpose evident? Applicant: "Not applicable. " Staff: Not applicable. (f) Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? Applicant: "As far as the applicant knows, there are no ordinance development restrictions which the proposed zoning district could not bear. ". Staff: The land transfer and rezoning will still leave the R5 property with adequate land to meet the land area requirements for the existing 12 unit building. The width of the R5 arm of land extending out to Xerxes would be reduced from 79.43 ' to 38.41 . We do not regard this "arm" of land to constitute the lot width of the R5 parcel. It serves as an access drive for three apartment buildings on separate parcels, all of which meet the R5 lot width requirement of at least 1001 . The new R1 parcel will be quite large and, if the existing home were removed, could be subdivided into two single family lots and meet R1 zone requirements. With the existing house in place, a new lot would be about 60' in width and would not meet width or area requirements for an R1 lot. The policy on lot variances has generally been that two of the three lot requirements should be met. It, therefore, appears unlikely that a future subdivision of the lot would be approved as long as the existing house remains. In any case, the applicant has expressed no interest in such a future subdivision. As proposed, the resulting R1 single-family lot would exceed all R1 standards. 2-14-91 3 JA 01 I II� L Application No. 91003 continued (g) Is the subject property generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography or location? Applicant: "The strip of land which is the subject of this rezoning application is, by itself, too small for any of the uses permitted in the present zoning district, although the overall parcel of which the strip of land is currently a part is generally not unsuitable for the uses permitted in the present zoning district. " Staff: Although the strip of land in question is not needed by the existing R5 parcel to meet land area requirements, it is not viable as a separate R5 parcel because it does not meet R5 lot width requirements. Nor could it support a separate building because of its configuration. We agree, however, that the land could be included in the R5 lot and thereby support some sort of expansion to the existing multiple family building. (h) Will the rezoning result in the expansion of a zoning district warranted by: 1) Comprehensive Planning; 2) The lack of developable land in the proposed zoning district; or 3) The best interest of the community? Applicant: "Given the small parcel of land which is the subject of this rezoning application, the proposed rezoning would result in only a very slight expansion of the current R1 property. The rezoning would be in the best interest of the community and surrounding neighborhood because it would enable Ms. Lunacek to sell the apartment parcel in the future if she so desired and prevent the purchaser from expanding the use of the property which is the subject of this rezoning application. Instead, the apartment parcel could be sold and the R1 nature of the subject property could be preserved. " Staff: This strip of land is not referred to in the City's Comprehensive Plan. There is a lack of developable land in most zoning districts, including the R1 district. Nevertheless, this parcel will not lead to new development of a single-family home in the immediate future. In general, the community's best interests are served when zoning and use are consistent and when property lines reflect physical barriers on the land. The proposed rezoning and plat furthers these objectives. (i) Does the proposal demonstrate merit beyond the interest of an owner or owners of an individual parcel? 2-14-91 4 r l I t , Application No. 91003 continued Applicant. "For all the reasons stated in Ms. Lunacek's application and stated above, the rezoning application demonstrates merits beyond the interests of only Ms. Lunacek. Rezoning of the subject parcel of property would insure that the R1 character of the property is retained and would continue to conform with the surrounding neighborhood. " Staff: The applicant's description of request (attached) basically states what is summarized at the beginning of this report. As to merits, we agree with the applicant's representative that the reasons stated above demonstrate merit beyond the interests of the owner. We can think of no one's interests who are harmed by this proposal. Procedure Generally, rezoning applications are considered at a public hearing and then referred to the relevant neighborhood advisory group for review and comment. A public hearing has been scheduled for the February 14, 1991 meeting and notices have been sent. Because of the minor scope of this rezoning, we recommend that the Commission consider acting on both applications at the February 14, 1991 meeting. A draft resolution is attached for the Commission's consideration. If the Commission chooses to table and refer the application, we would recommend that it obtain the applicant's consent to table the plat as well. These applications should be acted on concurrently. Submitted by, Gary Shallcross Planner Approved by, Ronald A. Warren Director of Planning and Inspection 2-14-91 5 s Section 35-208. REZONING EVALUATION POLICY AND REVIEW GUIDELINES. _ 1. Purpose. The City Council finds that effective maintenance of the com- prehensive planning and land use classifications is enhanced through uniform and equitable evaulation of periodic proposed changes to this Zoning Ordinance; and for this purpose, by the adoption of Resolution No. 77-167, the City Council has established a rezoning evaluation policy and review guidelines. 2. Policy. It is the policy of the City that: a) zoning classifications must be consistent with the Comprehensive Plan, and b) rezoning proposals shall not constitute "spot zoning," defined as a zoning decision which discriminates in favor of a particular landowner, and does not relate to the Comprehensive Plan or to accepted planning principles. 3. Procedure. Each rezoning proposal will be considered on its merits, measured against the above policy and against these guidlines which may be weighed collectively or individually as deemed by the City. 4. Guidelines. (a) Is there a clear and public need or benefit? (b) Is the proposed zoning consistent with and compatible with surrounding land use classifications? (c) Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? (d) Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? (e) In the- case of City-initiated rezoning proposals, is there a broad public purpose evident? (f) Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? (g) Is the subject property generally unsuited for uses permitted in the present zoning district, with respect to size, con- figuration, topography or location? (h) Will the rezoning result in the expansion of a zoning district, * warranted by: 1) Comprehensive Planning; 2) the lack of developable land in the proposed zoning district; or 3) the best interests of the community? (i) Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? 1 HENNINGSON & SNOXELL, LTD. L. DAVID HENNINGSON Attorneys at Law(612) 560-5700 JAMES E. L LEGAL ASSISTANTS RICHARD J.. KRAM KRAMBEER JANET L. MILLER BRIAN D. STOFFERAHN CHERYL A. BROWN STEVEN M. GRAFFUNDER JO ANNE JANKOWSKI Telecopier (612) 560-0119 WILLIAM C. SANDEN JO MARIE ALEXANDER January 22, 1991 Brooklyn Center Planning Commission City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Frances M. Lunacek Rezoning and Replatting Application Our File No. 15, 393-01-06 Dear Planning Commission Members: .Pursuant to Section 35-208, the following is submitted to address the rezoning evaluation policy and review guidelines in connection with the application of Frances M. Lunacek. Guidelines 1. Is there a clear and public need or benefit? ANSWER: Yes, the public would benefit because the strip of land which is the subject of this rezoning application would retain its R-1 characteristics. In addition, the subject property has been treated as part of an R-1 parcel for many years. Rezoning the subject property would make the zoning and use consistent. 2 . Is the proposed zoning consistent with and compatible with surrounding land use classifications? ANSWER: Yes, the neighborhood in question is residential. The properties to the north, east, and south of Ms. Lunacek's residence are zoned R-1. The properties directly to the west are zoned R-5. 3. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? ANSWER: Since the primary permitted use in an R-1 district is, of course, one-family dwellings, all permitted uses in the proposed zoning district can be contemplated for development of the subject property. — 6160 Summit Drive, Sixth Floor, Minneapolis, Minnesota 55430-4001 Page 2 January 22 , 1991 Brooklyn Center Planning Commission 4. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? ANSWER: To the best of the applicant's knowledge, there have not been substantial physical or zoning classification changes in the area. 5. In the case of city-initiated rezoning proposals, is there a broad public purpose evident? ANSWER: Not applicable. 6. Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? ANSWER: As far as the applicant knows, there are no ordinance development restrictions which the proposed zoning district could not bear. 7. Is the subject property generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography or location? ANSWER: The strip of land which is the subject of this rezoning application is, by itself, too small for any of the uses permitted in the present zoning district, although the overall parcel of which the strip of land is currently a part is generally not unsuitable for the uses permitted in the present zoning district. 8. Will the rezoning result in the expansion of a zoning district, warranted by: (1) Comprehensive Planning; (2) The lack of developable land in the proposed zoning district; or (3) The best interest of the community? ANSWER: Given the small parcel of land which is the subject of this rezoning application, the proposed rezoning would result in only a very slight expansion of the current R-1 property. The rezoning would be in the best interest of the community and surrounding neighborhood because it would enable Ms. Lunacek to sell the apartment parcel in the future if she so desired and prevent the purchaser from expanding the use of the property which is the subject of this rezoning application. Instead, the apartment parcel could be sold and the R-1 nature of the subject property could be preserved. • • 1 • Page 3 January 22, 1991 Brooklyn Center Planning Commission 9. Does the proposal demonstrate merit beyond the interest of an owner or owners of an individual parcel? .ANSWER: For all the reasons stated in Ms. Lunacek's application and stated above, the rezoning application demonstrates merits beyond the interest of only Ms. Lunacek. Rezoning of the subject parcel of property would insure that the R-1 character of the property is retained and would continue to conform with the surrounding neighborhood. Sincerely, HENNINGSON & SNOXELL, LTD. SMG: id Stems u M. Graff der��j I I v. . DESCRIPTION OF REQUEST Background The applicant, Frances M. Lunacek, owns two adjacent parcels of property in the 5200 block of Xerxes Avenue North. The parcel at 5201 Xerxes Avenue North is Ms. Lunacek's residence and is zoned R-1. The other parcel has an apartment building located on it and is zoned R-5. For many years, Ms. Lunacek has used and treated a 41. 03' by 131. 98' strip of the apartment parcel as part of her personal residence. As the preliminary plat submitted herewith shows, the chain link fence which encloses Ms. Lunacek's personal residence extends around the 41. 03' by 131.98' strip of land. If one were to view Ms. Lunacek's personal residence, one would think that the 41. 03 ' by 131.98' strip of land was simply part of Ms. Lunacek's yard. Request In order to make the parcels consistent with the manner in which they have been used for many years, Ms. Lunacek requests that the 41. 03 ' by 131.98' strip of land be subdivided from the apartment parcel, rezoned to R-1 and combined with her personal residence in accordance with the preliminary plat. HENNINGSON & SNOXELL, LTD. L. DAVID HENNINGSON Attorneys at Law(612) 560-5700 JAMES E. L LEGAL ASSISTANTS RICHARD J.. KRAM KRAMBEER JANET L. MILLER BRIAN D. STOFFERAHN CHERYL A. BROWN STEVEN M. GRAFFUNDER JO ANNE JANKOWSKI Telecopier (612) 560-0119 WILLIAM C. SANDEN JO MARIE ALEXANDER January 22, 1991 HAND DELIVERED Mr. Ron Warren Mr. Gary Shallcross Planning and Inspection Department City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Application of Frances M. Lunacek Property Address: 5201 Xerxes Avenue North Our File No. 15, 393-01-06 Dear Messrs. Warren and Shallcross: Enclosed herewith please find the following documents: 1. Planning Commission Application; 2. Final Plat/RLS Approval Application; 3. Four copies of the preliminary plat; 4. Letter addressing the rezoning evaluation policy and review guidelines; and 5. A check in the amount of $450.00 for the rezoning and plat application fees. Please contact me right away if you need any additional information. Sincerely, HENNINGSON & SNOXEELL, LTD. StevCIIY M. Graffunder SMG:id Encs. cc: Frances M. Lunacek (w/enc. ) — 6160 Summit Drive, Sixth Floor, Minneapolis, Minnesota 55430-4001 w J I Member introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 91-3 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF APPLICATION NO. 91003 SUBMITTED BY FRANCES LUNACEK WHEREAS, Application No. 91003 by Frances Lunacek proposes rezoning from R5 (Multiple Family) to R1 (One-Family Residential) of a 41. 03 ' x 131. 98 ' strip of land south of the access drive to 5211 Xerxes Avenue North; and WHEREAS, the Planning Commission held a duly called public hearing on the February 14, 1991 when a staff report and testimony regarding the rezoning request were taken; and WHEREAS, the proposed rezoning has been reviewed in light of the Guidelines for Evaluating Rezonings contained in Section 35- 208 of the City's Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center Planning Advisory Commission to recommend to the City Council that Application No. 91003 submitted by Frances Lunacek be approved in consideration of the following: 1. The proposed rezoning is consistent with the surrounding land uses in the neighborhood. 2 . All permitted uses in the proposed zoning district may be contemplated for the property. 3 . The resulting properties will bear fully the ordinance development restrictions of the proposed _zoning districts. 4. The resulting zoning and property lines will follow i lines of physical barriers and longstanding use of land. 5. In light of the above it is believed that the Guidelines for Evaluating Rezonings are met in this case and that the proposal is, therefore, in the best interests of the community. I RESOLUTION NO. 91-3 Date Chairperson ATTEST: Secretary The motion for the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 7 Planning Commission Information Sheet Application No. 91004 Applicant: Frances Lunacek Location: 5201 Xerxes Avenue North Request: Preliminary Plat The applicant requests preliminary plat approval to replat two adjacent properties at 5201 and 5211 Xerxes Avenue North to allow a transfer of a 41. 03 ' x 131.98 ' strip of land from the 5211 property to the 5201 property. The 5211 property is zoned R5 and the 5201 property is zoned R1. The strip of land to be transferred is the subject of rezoning application #91003 (to rezone the strip from R5 to R1) . Both parcels are owned by Ms. Frances Lunacek. The subdivision is bounded on the north by a single family home, on the east by Xerxes Avenue North, on the south by a single family residence and a 12 unit apartment building, and on the west by the entrance ramp from Brooklyn Boulevard to Highway 100. The subdivision is a two lot subdivision to be known as Lots 1 and 2, Block 1, Lunacek Addition. Lot 1, which is the apartment property is to be 39, 095 square feet or .897 acres. Lot 2 , which is to be the single family lot is 20, 171 square feet or .463 acres. The area of the land being transferred from the apartment property to the single family property is 5,415 square feet or . 124 acres. There is an existing 5 ' wide drainage and utility easement along the south side of the "arm" of land belonging to the existing apartment property. This easement lies within the proposed Lot 2 of the preliminary plat and will affect the placement of structures on Lot 2 unless that portion of the easement is vacated. In the area within Lot 2, the easement really serves no practical purpose since there are no utilities or drainage swale within it. However, it is not really necessary to vacate the easement unless and until the property were subdivided in the future to provide for two single family lots. Since there is no intention at present to do this, vacating the easement is not really necessary. It should also be pointed out that the driveway serving the Lunacek residence straddles the existing south property line of Lot 2. This is an existing condition and is a civil matter between Ms. Lunacek and the owner of the parcel to the south which is apparently her son. We would recommend that they execute and file a joint access easement over the area of the existing driveway. Again, however, we do not believe that it is necessary to require such an easement as a condition of final plat approval. 2-14-91 1 ti • Application No. 91004 continued The proposed plat appears to be fairly straightforward and complies in all necessary respects with City Ordinances. Approval is recommended subject to at least the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3 . Approval of application #91004 is subjected to approval of rezoning application #91003 . Submitted by, Gary Shallcross Planner Approved by, Ronald A. Warren Director of Planning and Inspection i2-14-91 2 • oo a_. o€g _ W '�� O `E"i1r9=f >co Q mGp�p<�dx� u �i•.. n °.v2 � _ yss3:° o_ e�-£�-awP - Z Z-j$e .°E p�€<ss.g<.3- a :.p°. siY `� °- m0dap _ z t Is. Yg �5 `a£� a 8s3 == W < s :dots $ E°4e_E°e{Ef■=E _ E, -6 < „ H ai`< Spa is 3i a c�Q >_ oo moo_ ; { L,—:s ■■e • 3.Ot,BO.za s H�}iON �L1N�A�d S3Xl�3 n�,.•N.� zrfiot N • pp Nt' 3. 0.20 S n n °n Sfp l.y�r-se n° ri n ----� tsp - •fp �{.. ___ X58. f <sp I ri 1 -tl�ttS I S� 5p I I �?p asp rr tt sa_ I 1 - a-ag }} �Y ♦1 m i I n m !6� m ni ^pzpi Y¢z • •. _ I � h+•f'� - F - ~m I 1 _ are Q BO.L 3.Of . inaftlt.mf if: r .� u ns. Z1'60t - m Ld 0'l4- I 3.OfA0.z0-S._._+__•• I s3ovpvp -- SYStiI I y�• 1 a i F�►7 h 1 I _ I••P l Sig. � T N �Ijr• •3• o�g -� P pfd 0 i' n //- / • 44- IPA 2 m. �\ f - /•- a s � �� •fs2lj, o P" m'£" Oorr�! e�< o �� 13I�11�L�► `�j� ■h Ss t MM WWII loss Ilion Ida -�"."` �""' ■. < •:■ 1111111 ` ��■ '�• i■ � � - �•`,�".�,/I 1111 ME MW ��■ , Pam mm �1 �1111111c C ■ ■ . .w _ ' �■ 111111111 C2 M� � iii -F�■�� J '• , i C .7 � Member introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 91-2 RESOLUTION RECOMMENDING AMENDMENT OF CITY COUNCIL RESOLUTION NO. 82-255 (COMPREHENSIVE PLAN) RELATIVE TO LAND LOCATED IN THE I-2 ZONING DISTRICT WHEREAS, the City Council on December 20, 1982 adopted Resolution No. 82-255, adopting the updated Brooklyn Center Comprehensive Plan; and WHEREAS, the Plan's Land Use Plan at page 98 (Table 14 and 15 designates Area #18 as an area for Light Industrial Land Use; and WHEREAS, the City's Planned Unit Development ordinance (Section 35-355) requires that Planned Unit developments may only be in areas designated for redevelopment in the City's Comprehensive Plan; and WHEREAS, the entire I-2 zoned area of the City is in need of redevelopment to one degree or another including the I-2 area north of the Soo Line tracks and west of France Avenue North; and WHEREAS, pursuant to Chapter 35-202 of the City Ordinances the Commission has held a duly called public hearing on a draft Comprehensive Plan amendment at its January 31, 1991 and February 14, 1991 meetings and has taken testimony relevant to the draft amendment; and WHEREAS, the Commission has considered the draft amendment in light of the Comprehensive Plan, the Planned Unit Development ordinance, and the need for flexibility in bringing about a redevelopment of the I-2 area in the future. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center Planning Advisory Commission to recommend to the City Council, pursuant to Chapter 35-202 of the City Ordinances, that City Council Resolution No. 82-255 (Comprehensive Plan) be amended to designate the entire I-2 zoning district of the City as part of Area #18 of the Land Use Plan and that the recommended use for Area 118 on Table 14 be amended to read: "Redevelopment as Planned Unit Development and/or Light Industrial", based upon the following findings: 1. There are many obsolete buildings in the I-2 zoning district which may not be suitable for new industrial uses in the future. RESOLUTION NO. 91-2 2. Many sites in the I-2 district lack sufficient parking and greenstrips and do not meet required setbacks. 3. The future upgrading of Highway 100 in the area to freeway status will change the nature of the area contained in the I-2 zoning district. 4. A planned unit development designation will give the City and private property owners and developers the flexibility to approach redevelopment in the I- 2 area of the City in a manner that will most enhance the neighborhood as well as individual properties. BE IT FURTHER RESOLVED by the Brooklyn Center Planning Advisory Commission to recommend to the City Council that the Brooklyn Center Comprehensive Plan be revised to read as follows: Area No. 18 on Figure 15 shall be expanded to include the I-2 area north of the Soo Line tracks and west of France Avenue North; and . No. 18 of Table 14 on page 98 of the Comprehensive Plan regarding the Land Use Plan be changed from "Light Industrial" to "Redevelopment as Planned Unit Development and/or Light Industrial. " Date Chairperson ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MEMORANDUM TO: Planning Commission Members FROM: Planning Staff DATE: February 14, 1991 SUBJECT: New Flood Plain Ordinance Attached is a copy of an updated flood plain ordinance which was reviewed by the Commission approximately a year ago and was recommended for approval. The City Council has not yet considered the ordinance and it was felt that it would be appropriate for the Commission to reconsider the ordinance before it is brought to the City Council for action. The new flood plain ordinance is based on a model flood plain ordinance that has been worked out between the Minnesota Department of Natural Resources (DNR) and the Federal Emergency Management Agency. The major changes that have been included in the new model ordinance are as follows: 1. The definition of "basement" was expanded to include all below grade areas enclosed on all four sides. 2 . Provisions were included to regulate the placement of travel trailers and travel vehicles. (This is omitted from our ordinance) . 3 . Changes were made in the application of wet or dry floodproofing techniques for accessory structures and substantial improvement to primary structures. 4. Changes were made requiring replacement manufactured homes to be properly elevated and anchored. (Manufactured homes are to be treated the same as site built homes under the proposed ordinance) . 5. Changes were made to incorporate specific enforcement procedures for dealing with ordinance violations. 6. Minor grammatical changes were also incorporated to clarify confusing language. One change to the local ordinance not mentioned above is the addition of a General Flood Plain District in addition to the Floodway and Flood Fringe districts in the old ordinance. General Flood Plain districts are areas where a precise determination of the flood plain boundary must be made based on accurate surveying and hydraulic data which does not yet exist. The proposed ordinance amendment will take some flood plain related definitions out of the general definitions section of the Zoning Ordinance (35-900) and put them into a special definitions portion of the new flood plain ordinance (35-2120) . At the same time, some Memo Page 2 February 14, 1990 general definitions will be added to the general definitions section (35-900) . An explanation of the 1988 changes to the model ordinance are contained in a summary attached. Please note that the numbering system of the proposed ordinance is oriented to our Zoning Ordinance numbering scheme, not that of the model ordinance. If you have any questions regarding the new flood plain ordinance, please contact Gary Shallcross at 569-3300. • Explanation of 1988 Changes in the Sample Floodplain Zoning Ordinance for a. 3 - District, Two - Map* Local Government Unit Section 1: No Changes 2120 Section 2: Primary change was to definitions in Section 2.8. It was felt that a ding efinitions of Conditional Use and variance would make the ordinance more understandable (the definitions provided are consistent with the proposed definitions to be provided in the consolidated planning and zoning statute under considerations). These two definitions are optional. A definition of "Basement" was added to essentially deal with enclosed, below grade areas such as crawl spaces or non-residential below grade enclosed areas. If these types of below grade spaces are allowed for new construction/additions, then this definition must be added along with the standards contained in Sections 5.42 and 5.43. Section 3: The compliance language was moved to Section 3.0 and.expanded to warn against the more common mistakes and oversights that are made by local building code officials. This language is not mandatory but strongly recommended. 2.140 Section 4.0: The format of this section was revised to more clearly state which uses are permitted or conditionally permitted and the applicable development standards for each. This new format is recommended but not required. Other changes to this section include: -Provisions for regulating travel trailers and travel vehicles consistent with FEMA's new standards (also see Section 9.3). If the community allows travel vehicles not me ng the exemptions in Section 9.31, then the language in Section 4.37 -5fr and-��or something similar must be included in their ordinance. z 1yo , 3 Z 7! -Section 4.0, and specifically 4.3 was amended to recommend a maximum 10-year flood heig t for agricultural levees that protected crops only. ,A 0o CL -Section 4.4' was amended to require a long-term site development plan for uses requiring storage for significant volumes of materials in the floodway. This language is recommended for communities having to deal with long-term dredge spoil operation, sand and gravel businesses, etc. 2.k 4 0, 4e -Section 4.4 was amended to clarify which accessory structures can be wet-flood, in lieu of dry flced proofing. If a community's existing ordinance presently allcws *et-17loodproofed accessory structures (see language in Sections 4.33 arc = . 12 of 1978, 3-District Sample Ordinance), the language now provided it :.:5 must be included in the ordinance. *Similar changes apply to other lcca ' government units with variations on this ordinance type. 2l5 � Section 5.0: The format of this Section was revised and the major clarification prove a are as below: . i sc, 4t -Section(d. was provided to specifically cite "construction" and "use of space" standards for elevated buildings not in fill and are required when this construction technique is allowed. -As mentioned in Comment 42 above, the language in Section-5.42- is required when below grade, enclosed spaces are allowed. �j50,S�_ 'td .3 -FEMA has specific fill compaction standards for isKandarcX ce of/LOMR's and not require these specific development to b e stated on FEMA does q P P a building permit. The language in Sections 5.54 and 7.3 was included as a warning for t 5e_who maybe request.n LOMf w i complete. ( IL- (ad Section 6.0: The case-by-case floodway/flood fringe determination procedure was moved up to this section where it more logically belongs and Section 6.0 was also revised to have the City Council/County Board approve the final floodway alignment. This language is recommended but optional . Z.!.�6 2� O Section s mentioned in This anguage is FEMA but recommended. Sec o 8.3srequired. ion tIfthc unity allows on-site sewer and water, then language Section 9.0: The language in Sections 9.1-9.2 must be included where necessary to c ear y require replacement manufactured homes outside of floodway to be properly For the RFPE over-the-top or ground anchors for travel trailer/vehicles, see comments for Section 4.0 above. Section 10.37: Technically under FEMA standards the language and notice in U—M U-. must accompany local variances_ As noted earlier, the case-by-case analysis for the General Flood Plain District was moved to Section 6.0. Section 11.0: Section 11.0 was revised to clarify that non "substantial" �26 improvements can be either "wet" or "dry" flood proofed and that "substantial" improvement must be dry flood proofed or elevated to RFPE. This is the minimum acceptable language. Section 12.0: This Section was amended to incorporate specific enforcement procedures and options for dealing with violators. Language similar to this must be incorporated where there is a documented pattern (more than one) of local ordinance enforcement deficiencies. - - f t CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the _ day of , 1990, at p.m. at City Hall, 6301 Shingle Creek Parkway, to consider a new Flood Plain Management Ordinance. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561-5440 to make arrangements. ORDINANCE NO. AN ORDINANCE REPEALING ORDINANCE NO. 82-1 (FLOOD PLAIN MANAGEMENT) AND ADOPTING A NEW FLOOD PLAIN MANAGEMENT ORDINANCE CONSISTENT WITH STATE AND FEDERAL REGULATIONS The City Council of the City of Brooklyn Center does ordain as follows: Section 1. Section 35-2100 through Section 35-2190 inclusive of the Brooklyn Center Zoning Ordinance are hereby repealed. -1- t, Section 2 . Chapter 35 of the Brooklyn Center Ordinances is hereby amended in the following manner: Section 35-900. DEFINITIONS. 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. 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 around level. Flood - a temporary increase in the flow or stage of a stream or in the stage of a stream or in the stage of wetland or lake that results in the inundation of normally dry areas. Flood Frequency - the frequency for which it is expected that a specific flood stage or discharge may be equalled or exceeded. 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 the City of Brooklyn Center. -2- Flood Plain - the beds groper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. Flood-Proofing - a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding primarily for the reduction or ddlimination of flood damages. 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. 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 regulator 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. Reach - a hydraulic engineering term used to described 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 -3- river between two consecutive bridge crossings would most typically constitute a reach. 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 anonymous with the term "base flood" used in the Flood Insurance Study. 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. Special Use - means a specific type of structure or land use listed in the Zoning Ordinance that may be allowed, but only6 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 standards as detailed in the Zoning Ordinance are or will be met and (2) the structure and/or land are compatible with the existing neighborhood._ -4- Structure - anything constructed or erected on the around or attached to the around or on-site utilities, including, but not limited to buildings, factories, sheds detached garages, cabins, manufactured mobile homes, and other similar items_. Variance - means a modification of a specific permitted development standard reauired 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, or unique circumstance as defined in Section 35-240. Section 35-2100. FLOOD PLAIN MANAGEMENT. Section 35-2110 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE. 1. Statutory Authorization The Legislature of the State of Minnesota has, in Minnesota Statutes Chapter 104 and Chapter 368. 01. delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Therefore the City Council of the City of Brooklyn Center. Minnesota does ordain as follows: -5- 2 . Findings of Fact a. The flood hazard areas of the City of Brooklyn Center 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 for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. b. Methods of Use 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. 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 35-2110.2a by provisions contained herein. -6- • Section 35-2120. GENERAL PROVISIONS. 1. Lands to which Ordinance Applies This ordinance shall apply to all lands within the jurisdiction of the City of Brooklyn Center shown on the Official Zoning Map and/or the attachments thereto as being located within the boundaries of the Floodway, Flood Fringe, or General Flood Plain Districts. 2 . 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 Study for the City of Brooklyn Center prepared by the Federal Insurance Administration dated August 17 1981, and the Flood Boundary and Floodway Maps and Flood Insurance Rate Maps therein all as amended by the attached Amendment No. 1, prepared by Barr Engineering The Official Zoning Map shall be on file in the Office of the City Clerk and the Zoning Administrator. • -7- 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. 4 . Interpretation a. 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 City and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. b. 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 -8- Administrator, the Board of Adjustment shall make the necessary interpretation. All decisions will be based on elevation on the regional (100 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 of Adjustment and to submit technical evidence. 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. 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 -9- the City of Brooklyn Center or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. 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. 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. 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. -10- Basement' - means any area of a structure, including crawl spaces having its floor or base subg_rade (below ground level) on all four sides regardless of the depth of excavation below around level. Special 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 and are compatible with the existing neighborhood. Equal Degree of Encroachment - a method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. Flood - a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. Flood Frequency - the frequency for which it is expected that a specific flood stage or discharge may be equalled or exceeded -11- Flood Fringe - that portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway ll fringe" used ih the Flood Insurance Study for the City. of Brooklyn Center. 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. 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. 3 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. 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 protecting into anv channel, watercourse or regulatory flood plain which may impede, retard, or s 1 -12- change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. 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. 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. 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. ,e Structure - anything constructed or erected on the ground or attached to the ground or -on-site utilities, including, but not 1 -13- limited to, building. factories, sheds, detached garages, cabins, manufactured homes, and other similar items. Variance - means 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 officia control but only as applied to a articular ro ert for the ur ose of alleviating a hardship, or uni ue circumstance as deffined in Section 35-240. Section 35-2130. ESTABLISHMENT OF ZONING DISTRICTS • 1. Districts a. Floodway District The Floodway District shall include those areas designated as f loodway on the Flood Boundary and Floodway Map adopted in Section 35-2120.2. b. Flood Fringe District -14- The Flood Fringe District shall include those areas designated as floodway fringe on the Flood Boundary and Floodway Map adopted in Section 35-2120.2 c. 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 35-2120.2 . 2 . Compliance No new structure or land shall hereafter be used and no structure shall be located, extended, converted, or structually 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 special uses in Sections 35-2140, 2150, and 2160 that follow, respectively, shall be prohibited. In addition, a caution is provided here that: a. New manufactured homes and replacement manufactured homes are subject to the general provisions of this ordinance. -15- I b. 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 35-2200. c. 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 35-2190 of this ordinance. • Section 35-2140. FLOODWAY DISTRICT (FW) . 1. Permitted Uses a. General farming pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. b. Industrial-Commercial loading areas, parking areas, and airport landing strips. • -716- f • • • . c. 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. d. Residential lawns gardens parking areas, and plav areas. 2 . Standards for Floodway Permitted Uses a. The use shall have a low flood damage potential. b. The use shall be permissible in the underlying zoning district if one exists. c. 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. 3 . Special Uses -17- I a. Structures accessory to the uses listed in Section 35- 2140. 1 above and the uses listed in subsection b throucth h below. b. Extraction and storage of sand, gravel, and other materials. c. Marinas boat rentals docks, piers wharves, and water control structures. d. Railroads streets bridges utility transmission lines, and pipelines. e. Storage yards for eguipment machinery, or materials. f. Placement of fill. c 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. Standards for Floodway Special Uses • -18- a. All Uses No structure (temporary or permanent) , fill (including fill for roads and levees) , deposit, obstruction storage of materials or equipment, or other uses may be allowed as a Special 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. b. All floodway Special Uses shall be subiect to the procedures and standards contained in Section 2190.4 of this ordinance. c. The special use shall be permissible in the underlying • zoning district of one exists. d. Fill 1. - 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. 2 . Dredge spoil sites and sand and gravel operations shall not be allowed in floodway unless a long-term -19- . site development plan is submitted which includes an erosion/sedimentation prevention element to the plan. 3 . As an alternative, and consistent with Subsection 2 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 City has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available The Special Use Permit must be title registered with the property in the Office of the County Recorder. e. Accessory Structures 1. Accessory structures shall not be designed for human habitation. 2 . 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. -20- a. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and, b. 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 • -21- • 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. f. Storage of Materials and Equipment 1. The storage or processing of materials that are, in time of flooding flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. 2. 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 City of Brooklyn Center. g 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 • -22- 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. h. 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 35-2150: FLOOD FRINGE DISTRICT (FF) 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 All Permitted Uses shall comply with the standards for Flood Fringe "Permitted Uses" listed in Section 35-2150.2 and the standards for all Flood Fringe "Permitted and Special Uses" listed in Section 35-2150.5. • -23- i • 2 . Standards for Flood Fringe Permitted Uses: L1 All structures, including accessory structures, must be elevated on fill so that the lowest floor includinct 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. (b� 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 2140.4e.c) . uc 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 Special Use unless said fill is specifically intended to elevate a structure in accordance with Section 35-2150.2a. -24- The storage of any materials or equipment shall be elevated on fill to the Regulatory Flood Protection Elevation. (e) The provisions of Section 35-2150.5 of this Ordinance shall apply. 3 . Special Uses: Any structure that is not elevated on fill or flood proofed in accordance with Section 35-21-50 2a-b or any use of land that does not comply with the standards in Section 35-2150. 5 shall only be allowable as a Special Use. An application for a Special Use Permit shall be sub-iect to the standards and criteria and evaluation procedures specified in Sections 35-2150.4 and 35-2190.4 of this Ordinance. 4 . Standards for Flood Fringe Special Uses: _ L1_ 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 -25- if: 1) the enclosed area is above-grade on at least one side of the structure; 2) is designed to internally flood and is constructed with flood resistant materials; and 31 is used solely for parking of vehicles, building access or. storage. The aboved-noted alternative elevation methods are subject to the following additional standards: (1) 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. 2. 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: • -26- u The minimum 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 Oienings may be equipped with screens, louvers valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters. (b) That the enclosed area will be designed of flood resistant materials 'in accordance with the FP-3 or FP-4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. (b)_ Basements as defined by Section 35-900 of this Ordinance, shall be subject to the following: (1) Residential basement construction shall not be allowed below the Regulatory Flood Protection Elevation. Non-residential basements may be allowed below the Regulatory Flood Protection Elevation provided the -27- t • • basement is structurally dry flood proofed in accordance with Section 35-2150.4c of this Ordinance. All areas of non residential structures including basements to be placed below the Regulatory Flood Protection Elevation shall be flood proofed in accordance with the structurally dry flood proofing classifications in the State Building Code. Structurally dry flood proofing must meet the FP-1 or FP-2 flood proofing classification in the State Building Code and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood proofed to the FP-3 or FP-4 classification shall not be permitted. 4) When at any one time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal or construction of flood control works, an erosion/sedimentation control plan must be submitted. The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum -28- of the 100-year or regional flood event. The plan must be prepared and certified by a registered Professional engineer. The plan may incorporate alternative procedures for removal of the material from the flood plain if adequate flood warning time exists. _(5)_ Storage of Materials and Equipment: a. The storage or processing of materials that are, in time of flooding, flammable, explosive, or Potentially injurious to human, animal, or plant life is prohibited. b. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City of Brooklyn Center. 161 The provisions of Section 35-2150.5 of this ordinance shall also apply. 5. Standards for All Flood Fringe Uses: -29- a) All new principal structures must have vehicular access at or above an elevation not more than two (2) feet below the Regulatory Flood Protection Elevation. If a variance to this requirement is granted the Board of Adiustment 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. (bb)_ 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 0 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. jcl 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 -30- to requirements set out in Section 35-2150. 5b 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. (d) 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 - FEMAIs 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. jel Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adloinina flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the Official Zoning Map. -31- i � i L1 All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation collapse and lateral movement. Methods of anchoring may include but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces SECTION 35-2160 GENERAL FLOOD PLAIN DISTRICT 1. Permissible Uses: (a) The uses listed in' Section 35-2140.1 of this Ordinance shall be permitted uses. b_ All other uses shall be subiect to the floodway/flood fringe evaluation criteria pursuant to Section 35-2160.2 below. Section 35-2140 shall apply if the proposed use is in the Floodway District and Section 35-2150 shall apply if the proposed use is in the Flood Fringe District. 2 . Procedures for Floodway and Flood Fringe Determinations Within the General Flood Plain District. -32- a. Upon receipt of an application for a Special 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. 1. A typical valley cross-section showing the channel of the stream, elevation of land areas adioining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. 2 . Plan (surface view) showing elevations or contours of the ground; pertinent 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. - 33- • • t e 3 . 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. _Cbl 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 methodology with the respective Department of Natural Resources' Area Hydrologist prior to commencing the analysis. The designated engineer or expert shall: 3. Estimate the peak discharge of the regional flood. -34- . 2 . Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. 3 . Compute the f loodway 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. (c)_ The Zoning Administrator shall present the techni cal evaluation and findings of the designated engineer or expert to the City Council The City Council must formally accept the technical evaluation and the recommended Floodway andlor Flood Fringe District boundary or deny the permit application. The City Council 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 -35- Boundaries have been determined, the City Council shall refer the matter back to the Zoning Administrator who shall process the permit application consistent with the applicable provisions of Section 35-2140 and 2150 of this Ordinance. -36- - I SECTION 35-2170 SUBDIVISIONS 1. Review Criteria: No land shall be subdivided which is unsuitable for the reason of flooding inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall contain a building site at or above the Regulatory Flood Protection Elevation. All 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 preliminary plat drawings. 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 35-2160.2 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. -37- 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. SECTION 35-2180 PUBLIC UTILITIES RAILROADS, ROADS, AND BRIDGES 1. Public Utilities All public utilities and facilities such as gas, electrical sewer, and water supply systems to be located in the flood plain shall be flood-proofed in accordance with the State Building Code or elevated to above the Regulatory Flood Protection Elevation. 2 . Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the flood plain shall comply with Sections 35-2140 and 35-2150 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 -38- 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. 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 35-2181 MANUFACTURED HOMES. Manufactured homes shall conform to the definition contained in Section 35-900 of this ordinance and shall also be subject to the provisions of Section 35-530 regarding buildings in the R1 and R2 districts. For the purposes of flood plain regulation, manufactured homes shall be subject to the same restrictions as site built homes. -39- SECTION 35-2190 ADMINISTRATION 1. Zoning Administrator: A Zoning Administrator designated by the City Manager 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 35-2210 of the Ordinance. 2 . Permit Requirements: Sad 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 Blain. Lba Application for Permit. Application for a Permit shall be made in duplicate to the Zoning Administrator on 0 -40- 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. -Lca State and Federal Permits. Prior to granting a Permit or processing an application for a Special Use Permit or Variance, the Zoning Administrator shall determine that the applicant has obtained all necessary State and Federal Permits. jd1 Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted altered, or enlarged in its use or structure until a 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. -41- leZ 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 a deemed a violation of this Ordinance, and punishable as Provided by Section 35-2210 of this Ordinance. (f) Certification. The apblicant 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. Sgl 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 0 -42- structures in the flood Main. The Zoninci Administrator shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood-proofed. 3 . Board of Adjustment: lal 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. (b)_ Administrative Review. The Board shall hear and decide appeals where it is allected there is error in any order, requirement decision, or determination made by an administrative official in the enforcement or administration of this Ordinance. c) ' Variances The Board may authorize upon appeal in specific cases such relief or variance from the terms of this Ordinance as are consistent with the provisions of Section 35-240 of the Zoning Ordinance. 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 Section 35-240 which justified the -43- granting of the variance No Variance shall have the effect of allowing n an district uses rohibited in g V p i 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. ids 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. Decisions. The Board shall arrive at a decision on such appeal or Variance within 48 days of referral to the Board 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 -44- 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 35-2190.4, 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 35-2210. 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. _(f,)_ Appeals. Appeals from any decision of the Board may be made, and as specified in this Community's Official Controls and also Minnesota Statutes. Lq1 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 -45- � R flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions A community shall maintain a record of all variance actions including justification for their issuance and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. 4 . Special Uses The City Council shall hear and decide applications for Special Uses permissible under this ordinance Applications shall be submitted to the Director of Planning and Inspections who shall forward the application to the Planning 'Commission for consideration. a_ Hearings. Upon filing with the Planning & Inspection Dept an application for a Special Use Permit, the Dir. of Planning&Insp shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Special Use sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. (b)_ Decisions The City Council shall arrive at a decision on a Special Use within 48 days of a recommendation by the Planning Commission. In granting a Special Use -46- Permit the City Council shall prescribe appropriate conditions and safeguards, in addition to those specified in Section 35-2190.4f, 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 35-2210. A copy of all decisions granting Special Use Permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. _{c)_ Procedures to be followed by the City Council in Passing on Special Use Permit Applications Within all Flood Plain Districts. 1. Require the applicant to furnish such of the following information and additional information as deemed necessary by the City Council for determining the suitability of the particular site for the proposed use. (a)_ Five Sets of Plans drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed -47- s • • structures, fill, storage of materials, flood-proofing measures and the relationship of the above to the location of the stream channel. (b)_ Specifications for building construction and materials flood-proofing, filling, dredging, grading, channel improvement, storage of materials water supply and sanitary facilities. (2) Transmit one copy of the information described in subsection 1. to a ' desicinated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed proiect 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. L1 Based upon the technical evaluation of the designated engineer or expert, the City Council shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. -48- • Ll Factors Upon Which the Decision of the City Council Shall Be Based. In passing upon Special Use Permit applications, the City Council shall consider all relevant factors specified in other sections of this Ordinance, and: (1) The danger to life and property due to increased flood heights or velocities caused by encroachments. Ll 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. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. The importance of the services provided by the proposed facility to the community. 0 -49- j61 The requirements of the facility for a waterfront location. 171 The availability of alternative locations not subject to flooding for the proposed use. u The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (9)_ The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. 10 The safety of access to the property in times of flood for ordinary and emergency vehicles. _(Ill The expected heights velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. 12 Such other factors which are relevant to the purposes of this Ordinance. jel Time for Acting on Application The City Council shall act on an application in the manner described above within 48 days from receiving a recommendation from the Planning Commission on the application, except that where additional information is required pursuant to Section 35-2190.4d of this Ordinance. The City Council -50- r 1 shall render a written decision within 30 days from the receipt of such additional information. Conditions Attached to Special Use Permits. Upon consideration of the factors listed above and the purpose of this Ordinance, the City Council shall attach such conditions to the granting of Conditional Use Permits as it deems necessary to fulfill the purposes of this Ordinance. Such conditions may include, but are not limited to, the following: -LlA Modification of waste treatment and water supply facilities. 2_ Limitations on period of use, occupancy, and operation. (3) Imposition of operational controls, sureties, and deed restrictions. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. Flood-proofing 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 -51- A. t with the Regulatory Flood Protection Elevation and associated flood factors for the particular area. SECTION 35-2200 NONCONFORMING USES IN THE FLOOD HAZARD ZONES 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: (a)_ No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity. Jb _ 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 Subsection C below. - 52- 1cL 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 35-2140 or 35-2150 of this Ordinance for new structures depending upon whether the structure is in the Floodway or Flood Fringe. respectively. d) 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. -53- t • • w I el If any nonconforming use or structure is destroved by any means, including floods, to an extent of 50 percent or more of its market 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 35-2140, 2150, or 2160 will apply depending upon whether the use or structure is in the Floodway, Flood Fringe or General Flood Plain District, respectively. SECTION 35-2210 PENALTIES FOR VIOLATION 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 Special Uses) shall constitute a misdemeanor and shall be punishable as defined by law. 2 . Nothing herein contained shall prevent the City of Brooklyn Center from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: -54- . (aa) In responding to a suspected ordinance violation. the Zoning Administrator and the City 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. • (bj_ 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. -55- (c) 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 _proper 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. d) If the responsible party does not appropriately respond to the Zonina 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 -56- r, landowner to restore the land to the condition which existed prior to the violation of this Ordinance SECTION 35-2120 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 All 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 Man 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. -57-