HomeMy WebLinkAbout10/14/2015 P&Z PacketCITY OF LINO LAKES
PLANNING & ZONING BOARD MEETING
Wednesday, October 14, 2015
6:30 p.m.
Council Chambers
Please be courteous and turn off all electronic devices during the meeting.
ACF.NDA
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. APPROVAL OF MINUTES: September 9, 2015
4. OPEN MIKE
5. ACTION ITEMS
A. 6602 Pheasant Run -Variance for Garage Construction
B. PUD Concept Plan Review North Oaks Company, LLC
C. Public Hearing: Amendment to Chapter 1103: Floodplain Management
6. DISCUSSION ITEMS
A. Project Updates
7. ADJOURN
Meeting guidelines on reverse side.
City of Lino Lakes Planning & Zoning Board
MEETING GUIDELINES
Open Mike — The purpose of a Board Meeting is to accomplish the business of the city.
When presenting at a meeting please remember to be respectful, and follow these
guidelines:
• Please address the meeting chair.
• State your name and address for the record.
• Please observe a 4-minute limit.
• The topic must relate to city business.
• Open Mike is for items not on the agenda.
• A spokesperson must represent a group of five or more — groups will have 8 minutes.
• The Presiding Officer may limit duplicative presentations.
• Remember, the meeting is to discuss city business only.
Public Hearing - Held as a separate item of business on the agenda. The public hearing
segment is your opportunity to tell the Board how you feel about issues scheduled to be
heard. Typically, a hearing follows these steps:
• The Presiding Officer (Chair or Vice -Chair) will announce the proposal to be reviewed and
ask for the staff report. The presiding Officer shall maintain strict order and etiquette at all
meetings.
• Staff will present their report on the proposal.
• Board members will then ask City Staff questions about the proposal.
• The Presiding Officer will then open up the public hearing for anyone present who wishes to
comment on the proposal. This is the time for the public to make comments or ask questions
about the proposal.
Comments should be limited to four (4) minutes unless further time is granted by the
Presiding Officer. All comments should be directed to the Board as a body and not to any
individual Board Member or City Staff Member unless permission is granted by the Presiding
Officer. No person shall be permitted to enter into any discussion, either directly or through a
member of the Board without the permission of the Presiding Officer.
• After everyone in the audience wishing to speak has given his/her comments, the Presiding
Officer shall close the public hearing.
• The Board will then discuss the proposal. No further public comments are allowed.
• The Board will then make a recommendation(s) and/or a decision.
When you are called upon for your comments, please step to the microphone at the
podium and state your name and address for the record.
Occasionally, the Board may continue a hearing to another meeting before taking action.
Meeting Etiquette
The Planning & Zoning Board must preserve order and decorum while the meeting
is in session. A resident shall not, by conversation or otherwise, delay or interrupt
the proceedings or the business of the Board, nor disturb any resident or Board
Member while speaking or refuse to obey the orders of the Board.
CITY OF LINO LAKES
PLANNING & ZONING BOARD MINUTES
DATE : September 9, 2015
TIME STARTED : 6:30 P.M.
TIME ENDED : 7:37 P.M.
MEMBERS PRESENT : Neil Evenson, Matt Kassner, Perry Laden, Michael
Root, Paul Tralle (Chair)
MEMBERS ABSENT : Michael Hyden (Vice Chair), Lou Masonick
STAFF PRESENT : Katie Larsen, Keith Dahl
1. CALL TO ORDER AND ROLL CALL:
Chair Tralle called the Lino Lakes Planning and Zoning Board meeting to order at 6:30
p.m. on September 9, 2015.
2. APROVAL OF AGENDA
Discussion Item A. Rush Line Corridor Update was moved to take place after Open Mike
and before Action Items.
3. APPROVAL OF MINUTES:
August 12, 2015
Mr. Evenson made a MOTION to approve the August 12, 2015 Meeting Minutes.
Motion was supported by Mr. Kassner and Mr. Laden. Motion carried 4 - 0. (Tralle
abstained.)
4. OPEN MIKE
Chair Tralle declared Open Mike at 6:31 p.m.
Dylan Lindman, 6602 Pheasant Run, approached the podium to discuss his request to
build a garage on his property. Due to his lot size and ordinance regulations, Mr.
Lindman is unable to build a garage next to his house that would be compliant. Mr.
Lindman has been working with city staff to find a solution and city staff has determined
DRAFT MINUTES
Planning & Zoning Board
September 9, 2015
Page 2
that a variance would be needed in order to allow for a garage to be built. Mr. Lindman
is looking for direction from the board on whether or not to apply for a variance.
The board expressed their concerns regarding the impact of the variance on Birch Street,
since it is a county road, but ultimately encouraged Mr. Lindman to apply for a variance.
Open Mike was closed at 6:40 p.m.
6. DISCUSSION ITEMS
A. Rush Line Corridor Update, Mike Rogers
Katie Larsen, City Planner, introduced Mike Rogers of the Ramsey County Regional
Railroad Authority. Mr. Rogers presented an analysis and update on the Rush Line
project.
5. ACTION ITEMS
A. PUBLIC HEARING to consider Text Amendment to NB, Neighborhood
Business District to allow Veterinary Hospitals with Conditional Use Permit
Ms. Larsen introduced Keith Dahl, Community Development Intern. Mr. Dahl presented
the staff report. Staff recommends approval of the text amendment.
The board voiced their concerns, which included:
• Impact to the Centennial Veterinary Clinic
• Soundproofing
• Previous concept plans for the area
Applicants Brian and Donnell Hansen, 6511 Ware Road, addressed the board's concerns
and explained their future plans for the property.
Chair Tralle declared the Public Hearing open at 7:28 p.m.
There was no one present for the Public Hearing.
Mr. Laden made a MOTION to close the Public Hearing at 7:29 p.m. Motion was
supported by Mr. Evenson. Motion carried 4 - 0. (Tralle abstained.)
Mr. Evenson made a MOTION to recommend approval of the text amendment.
Motion was supported by Mr. Kassner. Motion carried 5 — 0.
6. DISCUSSION ITEMS
B. Proiect Updates
DRAFT MINUTES
Planning & Zoning Board
September 9, 2015
Page 3
Katie Larsen, City Planner, provided an update of current city projects.
7. ADJOURNMENT
Mr. Laden made a MOTION to adjourn the meeting at 7:37 p.m. Motion was supported
by Mr. Evenson. Motion carried 4 - 0. (Tralle abstained.)
DRAFT MINUTES
STAFF ORIGINATOR:
P & Z MEETING DATE:
REQUEST:
CASE NUMBER:
APPLICANTS:
OWNER:
REVIEW SCHEDULE:
PLANNING & ZONING BOARD
AGENDA ITEM 5A
Keith M. Dahl, Community Development Intern
October 14, 2015
Variance to construct a garage 25 feet from lot line
VR2015 — 001
Dylan Lindman
6602 Pheasant Run
Lino Lakes, MN 55014
Dylan Lindman
Complete Application Date:
September 14, 2015
Environmental Board Meeting:
N/A
EDAC Meeting:
N/A
Park Board Meeting:
N/A
P & Z Board Meeting:
October 14, 2015
City Council Meeting:
November 2, 2015
60-Day Review Date:
November 13, 2015
60-Day Extension:
January 12, 2016
BACKGROUND
Following the submission of a Land Use Application, the applicant has requested a reduction
from the required 40 foot setback to a 25 foot setback allowing for the construction of a 24' x 36'
attached double garage encroaching onto Birch Street's right-of-way. The residential property
6602 Pheasant Run located along Birch Street is zoned as R-1, Single Family Residential. When
the house was built in the 1980's no garage was constructed or planned for. The current property
owner recently purchased the property with plans to construct an attached double garage;
however, due to a municipal code requiring a setback of 40 feet from a collector or arterial road
right-of-way the applicant is unable to construct the double garage. The following analysis is the
research staff put together for approving the requested variance.
ANALYSIS
Previously stated above, the residential property located at 6602 Pheasant Run doesn't have a
garage. Zoning ordinance § 1007.090 (2) (d), found below, requires a building setback of 40 feet
from the lot line of Birch Street. The existing house setback is 48 feet, which would only allow
for an 8 foot wide attached garage. However, in the same ordinance, § 1007.090 (3) (c), all
dwellings in Lino Lakes are required to have a double garage at a minimum. In order for the
property to be in compliance with Lino Lakes zoning ordinance a variance is required.
§ 1007.090 R-1, SINGLE FAMILY RESIDENTIAL DISTRICT.
(2) Lot and Yard Requirements.
(d) Building Setbacks.
1. From Streets (Principal and Accessory Buildings)
a. Local Street. Thirty (30) feet.
b. Collector or Arterial Street. Forty (40) feet.
(3) Building Requirements.
(c) All dwellings shall have a double garage at a minimum.
(d) All dwellings shall comply with the Design Construction Standards of § 1007.043.
SETBACK ANALYSIS ALONG CSAH 34BIRCH STREET
The applicant submitted two proposed plans with the land use application that can be found in
the attachments section. The setback required by the variance to construct the proposed double
garage would need to be 25 feet from the lot line, as requested by the applicant. After analyzing
building setbacks of other corner properties along Birch Street, staff has found that the setbacks
varied from 30 feet to 40 feet, but most of the properties did in fact meet the required 40 foot
setback. There was only one exception identified, which had a setback of 17 feet, located at 985
Birch Street.
The right-of-way along this section of CSAH 34Birch Street is 120 feet wide and no additional
right-of-way is required in the future.
ACCESSORY BUILDING REGULATIONS
Accessory buildings are a permitted use in R-1, Single Family Residential Districts. These
structures shall meet the regulations of § 1007.043 General Building and Use Provisions and
§ 1007.090 (3) Building Requirements.
2
Building Type and Construction
§ 1007.043 (2) (a) Single Family Dwellings doesn't specify a minimum garage size requirement;
however, § 1007.043 (2) (b) Two Family and Townhouse Design Construction Standards
specifies a minimum double garage standard of 20 feet in width. Staff would support a variance
to allow for the minimum garage width of 20 feet established by § 1007.043 (2) (b) 5. e. found
below.
§ 1007.043 GENERAL BUILDING AND USE PROVISIONS.
(2) Building Type and Construction.
(a) Single Family Dwellings. All single family detached dwellings in the R, R-X, R-1, R-
1X, R-EC, and R-2 Districts shall meet the following design criteria:
** No minimum garage size requirements specified
(b) Two Family and Townhome Design and Construction Standards.
5. Garages.
a. Each dwelling unit shall include, at a minimum, a double garage.
b. Garages shall comply with the following minimum size standards:
c. Dwellings With Basements. Four hundred forty (440) square feet.
d. Dwellings Without Basements. Five hundred forty (540) square feet.
e. Garages shall be a minimum of twenty (20) feet in width.
Height Regulations
The accessory structures shall meet certain height regulations depending on if the accessory
structure is attached or detached.
• Attached Accessory Structure - No structure shall be erected or structurally altered to
exceed thirty-five (35) feet in height (§ 1007.090 (5)).
• Detached Accessory Structure - The maximum height of the structure shall be twenty
(20) feet in height (§ 1007.043 (4) (i) 4. d.)
CRITERIA AND FINDINGS OF FACT
No variance shall be granted unless it meets all the criteria in paragraphs 1. through 7. below.
The City shall make findings regarding compliance with these criteria.
3
1. The variance shall be in harmony with the general purposes and intent of the ordinance.
The general purpose and intent of the ordinance is to establish performance standards intended
to assure compatibility of uses, prevent blight and to enhance the health, safety and general
welfare of the residents of the community.
Approving this variance request for an attached accessory structure doesn 't pose a threat to the
health, safety or general welfare of the neighborhood. In fact, since no attached accessory
structure is present on the applicant's property (6602 Pheasant Run) approving this variance
request will enhance the atmosphere in the neighborhood as Lino Lakes requires all dwellings to
have, at minimum, a double garage.
2. The variance shall be consistent with the comprehensive plan.
The variance request is consistent with the comprehensive plan. The applicant's property is
intended for a Single Family dwelling as such, current zoning ordinances require dwellings to
have, at minimum, a double garage.
3. There shall be practical difficulties in complying with the ordinance. "Practical difficulties," as
used in connection with the granting of a variance, means that the property owner proposes to
use the property in a reasonable manner not permitted by the ordinance. Economic
considerations alone do not constitute practical difficulties. Practical difficulties include, but are
not limited to, inadequate access to direct sunlight for solar energy systems.
The property owner proposes to use the property in a reasonable manner, as the construction of
a double garage is considered a reasonable use of the property. The practical difficulty in
complying with the 40' setback from Birch Street's right-of-way creates a situation where the
applicant cannot construct a double garage unless the variance is approved.
4. The plight of the landowner shall be due to circumstances unique to the property not created
by the landowner.
The plight of the landowner is due to circumstances unique to the property and was not created
by the landowner. The current landowner recently purchased the property and did not construct
the house without a garage.
5. The variance shall not alter the essential character of the locality.
The variance shall not alter the essential character of the locality by maintaining the 30 foot —
40 foot setbacks found along other Birch Street corner properties. Accessory structures such as
garages are common features found throughout Lino Lakes residential districts.
6. A variance shall not be granted for any use that is not allowed under the ordinance for
property in the zoning district where the subject site is located.
M
Accessory structures are permitted as Accessory Uses in the R-1, Single Family Residential
District.
7. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth sheltered
construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with the zoning
ordinance.
Not applicable.
RECOMMENDATION
Staff recommends approval of a 10 foot variance to reduce the required setback from 40 feet to
30 feet to allow for the construction of an attached double garage, subject to the following
conditions:
1. The detached shed in the northeast corner of the lot, found in violation of city ordinances,
shall be relocated onto the applicant's property.
2. The accessory structure shall meet the requirements of § 1007.043 General Building and
Use Provisions.
3. The accessory structure shall meet all other city code and state building code
requirements.
4. A building permit shall be submitted for by the applicant and approved by the City of
Lino Lakes prior to construction.
ATTACHMENTS
1. Property Location Map
2. Certificate of Survey with Dimensions
3. Applicants Proposed Plan #1
4. Applicants Proposed Plan #2
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PLANNING & ZONING BOARD
AGENDA ITEM 5B
STAFF ORIGINATOR:
P & Z MEETING DATE
REQUEST:
CASE NUMBER:
APPLICANT:
REVIEW DEADLINE:
Katie Larsen, City Planner
October 14, 2015
PUD Concept Plan Review
North Oaks Company
PC2015-001
North Oaks Company, LLC
Attn: Christine Heim
5959 Centerville Road Suite 200
North Oaks, MN 55127
Complete Application Date:
September 14, 2015
60-Day Review Deadline:
November 13, 2015
120-Day Review Deadline:
January 12, 2016
Planning & Zoning Board Meeting:
October 14, 2015
Environmental Board Meeting:
October 28, 2015
Park Board Meeting:
November 2, 2015
City Council Work Session:
November 2, 2015
Economic Development Advisory:
November 5, 2015
BACKGROUND
The applicant has submitted a land use application for PUD Concept Plan review. The
proposed development is a PUD master planned residential community located south of
County Road J/Ash Street, west of CSAH 21/Centerville Road and north of Wilkinson
Lake Boulevard. It contains 2 parcels totaling approximately 46 gross acres and consists
of a residential density mix of single family homes, twin homes and senior housing
rentals totaling 136-161 housing units.
Future land use applications may include:
• Rezone property from R, Rural to PUD, Planned Unit Development
• PUD Development Stage Plan/Preliminary Plat
• PUD Final Plan/Final Plat
The following staff report is based on the plan set prepared by Sathre-Bergquist, Inc.
dated September 14, 2015 and Kurth Surveying, Inc. dated September 10, 2015. Both
were received by the City on September 14, 2015.
ANALYSIS
Comprehensive Plan and Housing Density
The development proposes 27 single family homes, 17 twin homes (34 units total) and
75-100 senior housing rentals. These senior rentals would be similar to the existing
brownstones located at Waverly Gardens to the south.
West Parcel
East Parc
IrTotal
Gross Acres
20
26
46
Net Acres (approx.)
14
24
38
Guided Per
High Density
Mixed Use
Comprehensive Plan
Residential
Required Density
6.0 to 10.0 units
8.0-15.0 units
per acre
per acre
Required #
84-140 units
192-360 units
276-500 units
Housing Units
Proposed #
136-161 units
Housing Units
Additional Housing
140 units
Units Needed
Note: These areas are approximate and more detailed analysis is required. The total
number of housing unit counts will also change.
Based on the information submitted with the concept plan, the development requires a
minimum of approximately 276 housing units which equates to approximately 7 units per
acre. The current proposal is at approximately 3.6 units per acre. The proposed
development does not meet density requirements.
Rezoning
The property is currently zoned R, Rural and requires rezoning to PUD-Planned Unit
Development. The PUD provides flexibility from the strict standards of the R-1, Single
Family, R-2 Two Family Residential District and R-3 Medium Density Residential
District to allow for a variety of detached single family and twin home housing products
that are in current market demand vs. standard townhome medium density development.
The PUD flexibility also compliments walkable neighborhoods, protects greenway
corridors and reduces the development footprint and impervious surface area.
The rezoning is consistent with the Comprehensive Plan and meets the purpose and intent
of the PUD by encouraging:
• Innovations in development that address growing demands for all styles of
economic expansion, greater variety in type, design, architectural standards, and
siting of structures through the conservation and more efficient use of land in such
developments.
• The preservation and enhancement of desirable site characteristics such as
existing vegetation, natural topography and geologic features and the prevention
of soil erosion.
• An efficient use of land resulting in smaller networks of utilities and streets
thereby lowering development costs and public investments.
Zoning and Land Use
Current Zoning
R, Rural
Current Land Use
Agricultural
Future Land Use per CP
High Density Residential (6.0-10.0 DU per acre)
Mixed Use (8.0 to 15.0 DU per acre)
Utility Staging Area
1A=2008-2015
MLCCS
Not planted agricultural land
Zoning Requirements and Standards
The PUD mixed use provides flexibility from the strict standards of the R-1, Single
Family Residential, R-2 Two Family Residential District and R-3 Medium Density
Residential District. More detailed information is required to analyze each housing
component in regards to lot sizes, lot widths and depths and setbacks.
Building Design Standards
More information is required regarding the proposed building design standards. Photos of
the proposed townhome brownstones were provided. All housing units shall meet the
minimum building design standards as established in the zoning ordinance.
Surrounding Zoning and Land Use
Direction
Zoning
Current Land Use
Future Land Use
Low Density
North
R, Rural
Agricultural
Residential
City of North Oaks
Waverly Gardens
City of North Oaks
South
(Residential &
Presbyterian Homes,
(Residential &
Commercial)
Tria Restaurant and
Commercial)
business offices
East
R-X, Rural
Rural Residential and
Permanent Rural and
Executive
Agricultural
Commercial
West
R Rural and Lake
Agricultural
Medium -High Density
Wilkinson
Residential
Subdivision Ordinance
Blocks and Lots
The proposed development provides 27 single family lots, 34 townhome units (17
buildings) and 75-100 senior housing rentals. The lots vary in width, depth and lot size as
allowed per the PUD flexibility.
Additional comments:
• Lots shall not extend into the delineated wetland and potentially not into the
conservation easement.
• Information on the plan sheets shall be large enough to be legible.
Streets and Alleys
CSAH 32/Ash Street and CSAH 21/Centerville Road are "A" Minor Arterial -Expander
roads. The interior roads have 60 foot right of way widths and 32 foot wide paved road
surface.
Additional comments:
• Sidewalks and trails shall be incorporated throughout the development including
along the north side of Wilkinson Lake Boulevard to provide pedestrian
connectivity to existing commercial destinations.
• Cross sections will be required for each type of street section that identifies street
width, sidewalks, trails, boulevard widths, street tree plantings and utility
• CSAH 32 and CSAH 21 right of way shall be a minimum of 60 feet from
centerline. Additional right of way is required.
• Public access along CSAH 32/Ash Street shall be provided.
• Address traffic control needs at intersection of CSAH 21/Centerville Road, CR
J/Ash Street and Wilkinson Lake Boulevard.
• A traffic study shall be required.
• Anoka County Highway Department is in receipt of the concept plan and will
provide additional comments on the development.
al
Easements
Standard drainage and utility easements at least 10 feet wide shall be provided along all
lot lines. Drainage and utility easements shall also be dedicated over stormwater
management facilities. Conservation easements shall be required over wetlands and
greenway corridors.
A 70 foot wide private utility easement extends across the southwest corner of the site. A
15 foot wide Access/Maintenance and Trail Easement also extends across the southwest
corner of the site. A gravel road exists over this easement for access and maintenance to
the existing sanitary sewer main. St. Paul Water Works also owns a 50 foot wide strip of
land across the northwest corner of the site.
Stormwater Management and Erosion and Sediment Control
The concept plan depicts 3 stormwater treatment ponds. The site consists of both A and
B/D hydrologic soils which are a combination of drained and un-drained soils. Wilkinson
Lake has been designated as an impaired water by the MPCA for nutrients. Based on the
approved Total Maximum Daily Load (TMDL) requirements water care should be taken
to improve water quality entering the lake. Infiltration of stormwater is required where
feasible. The City stormwater management performance standards also dictate that
stormwater runoff be conveyed in facilities open to the atmosphere rather than enclosed
pipes. The opportunity to connect the proposed pond system with a vegetated corridor
rather than pipe should be evaluated.
Additional comments:
• A stormwater management plan and erosion and sediment control plan in
accordance with Chapter 1011 shall be required.
Utilities
Public water, sanitary and storm sewer utilities will be installed within the development.
The site is located in Sanitary Sewer District 4 (Sub -district 4A) and is ultimately served
by White Bear Township. An existing gravity and force main sanitary sewer bisects the
southwest corner of the site. This was installed to serve the North Oaks Rapp Farms
development and is connected with White Bear Township.
An existing watermain also bisects the site and serves the North Oaks Rapp Farms.
Public water will also be served by White Bear Township.
Additional comments:
• A Joint Powers Agreement between Lino Lakes and White Bear Township will be
required for watermain and sanitary sewer service.
5
Public Land Dedication
The City will require cash in lieu of land dedication. Public trails shall be considered
along the wetland and utility access drive. Any required trail construction costs will be
credited from the total payment in lieu.
The Park Board will review the concept plan on November 2, 2015 and proved
comments.
Tree Preservation
A Tree Preservation and Mitigation Plan is not required for this development. The area
has been farmed and no desirable trees exist within the basic use area. A few desirable
trees may exist along the wetland but these will be protected by a conservation easement
and not impacted by construction.
Landscaping
Boulevard trees are required at the rate of one (1) tree per lot frontage for single family
and two family lots. Townhomes and multi -family properties require 1 tree per 70 feet of
linear feet of road frontage. Open areas shall be landscaped. Landscape screening and
buffers shall be installed along CSAH 32/Ash Street and CSAH 21/Centerville Road.
Noise mitigation techniques and berms along CSAH 32/Ash Street and CSAH
21/Centerville Road shall be required at the time of development. The landscape plans
shall comply with Section 1007.043 (17), Required Screening, Landscaping and Buffer
Yards of the zoning ordinance.
Comprehensive Plan
Resource Management System
The Resource Management System Plan identifies the following needs in the area:
• Designated Bike Route along CSAH 32/Ash Street and CSAH 2 1 /Centerville
Road
• Trails along CSAH 21/Centerville Road
• Greenway system
A trail should be incorporated into the development along the wetland through the
greenway corridor. The greenway system extends throughout the site along Lake
Wilkinson which coincides with the existing floodplain and wetland areas and will be
utilized for storm water management and trail corridors. Conservation easements shall be
required to protect the corridor.
Con
Land Use Plan
Per the City's Comprehensive Plan, the project site is guided for both High Density
Residential (6.0-10.0 DU per acre) and Mixed Use (8.0 to 15.0 DU per acre).
Approximately 60 percent of the Mixed Use area is expected to accommodate residential
development at approximately 8 to 15 units per acre. The remaining 40 percent is to
accommodate commercial development. North Oaks is proposing all residential
development and no commercial.
Per page 3-17 of the Comprehensive Plan, the mix of commercial and residential uses
will vary for each site. It is important to note that the mixed -use percentages are
preliminary and are intended to serve as a guide for future decision -making. As plans for
specific mixed use areas are refined, suggested density, total units, and the
residential/commercial split may be revised. To best serve the community's changing
needs and market conditions, flexibility in these areas is essential. Gross and net acreages
for mixed use development represent the potential for new mixed use development, and
do not account for existing mixed use development projects in the city.
The proposed development is not consistent with the Comprehensive plan for density as
noted on page 2. The need for commercial development needs to be further discussed.
Housing Plan
Goals of the Housing Plan are:
• Goal 3: Ensure housing development is compatible with existing and adjacent
land uses and provides accessibility to key community features and natural
amenities.
• Goal 5: Improve availability of affordable and life -cycle housing.
• Goal 6: Enhance opportunities for senior housing.
The proposed development is consistent with the goals of the Housing Plan by providing
life -cycle and senior housing. Trail corridors and sidewalks shall provide access to
natural amenities and commercial nodes.
Economic Development Plan
Goals of the Economic Development Plan are:
• Goal 1: Expand and diversify the city's tax base by encouraging mixed -use and
nodal development to lessen the tax burden on residential properties.
• Goal 2: Work with developers to identify innovative strategies for attracting entry
level and smaller entrepreneurial businesses to Lino Lakes.
• Goal 3: Attract and encourage new light industrial, high tech, business and
professional services enterprises and maintain and expand existing businesses in
Lino Lakes.
7
• Goal 4: Promote efficient, planned commercial and industrial expansion within
the City's growth areas, accessible to public infrastructure and transportation.
• Goal 5: Promote Lino Lakes' location within the metropolitan region as an
advantage in doing business.
Per the Comprehensive Plan, the mixed use guidance for the east parcel allows for a
residential/commercial mix of 60/40. The need for commercial development needs to be
further discussed.
Transportation Plan
Goals of the Transportation Plan are:
• Goal 1: Plan for and achieve required street improvements and connectivity
throughout the City of Lino Lakes.
• Goal 2: Ensure that streets and roads are as safe as possible.
• Goal 3: Improve traffic flow despite increase in traffic numbers.
• Goal 4: Ensure that local streets are maintained (or reconstructed to) an
acceptable level.
• Goal 5: Reduce unnecessary traffic on Lino Lakes' streets and roads.
• Goal 6: Promote alternative transportation such as bicycling, walking, transit and
rail.
• Goal 7: Maintain and coordinate the transportation system with adjacent
communities, Anoka County, Washington County, Metropolitan Council and
Mn/DOT.
The proposed development shall provide consistency with the Comprehensive Plan by
incorporating sidewalks and trails, connecting public access to CSAH 32/Ash Street and
making necessary improvements to the intersection of CSAH 21/Centerville Road.
The inclusion of sidewalks and trails are critical for pedestrian connectivity to nearby
commercial nodes. Retail businesses, restaurants, and a movie theater exist within a'/4
mile of the subject site.
Sanitary Sewer Plan
Goals of the Sanitary Sewer Plan are:
• Goal 1: Identify, protect and preserve the desirable natural areas and ecological
and aquatic resources of the community.
• Goal 2: Initiate and continue vigorous collaborations and programs to address,
restore, and preserve the water quality of the regions lakes, wetlands and other
aquatic assets.
• Goal 3: Ensure that well -planned, quality residential, commercial, industrial and
institutional development to accommodate the City's projected growth needs
N.
occurs in a manner that also conserves and enhances the city's natural resources
and amenities.
• Goal 4: Identify and work cooperatively with the state and other local
government entities to develop approaches for addressing potential ecological
challenges and threats that could adversely affect Lino Lakes.
• Goal 5: Maintain the City's residents and businesses with an affordable and safe
sanitary sewer system.
The proposed development is consistent with the Sanitary Sewer Plan by providing
sanitary services to undeveloped areas in a planned manner. Public sanitary sewer will be
installed within the development. The site is located in Sanitary Sewer District 4 (Sub-
district 4A) and is ultimately served by White Bear Township. An existing gravity and
force main sanitary sewer bisects the southwest corner of the site. This was installed to
serve the North Oaks Rapp Farms development and is connected with White Bear
Township. Sanitary sewer service will be through a joint powers agreement with White
Bear Township.
Water Supply System Plan
Goals of the Water Supply System Plan are:
• Goal 1: Provide the City's residents and businesses with affordable potable water
that is safe and of high quality for daily consumption and fire demand.
The proposed development is consistent with the Water Supply System Plan. Public
water main will be installed with the development. Municipal water will be provided
from White Bear Township into the future until development progresses far enough north
to allow connection to the Lino Lakes system.
Community Facilities Plan
The only community facilities proposed with the development are possible trails.
Planning Districts
The development is located in Planning District 4.
Overall Recommendations include:
• A gateway should be considered at the intersection of Centerville Road and
County Road J (Ash Street).
• Work with White Bear Township to create Joint Powers Agreements for
municipal utility service.
• Pursue a full interchange at I-35E and County Road J (Ash Street).
9
• Work with Anoka County and Ramsey County to ensure appropriate access
management on County Road J (Ash Street).
Mixed Use Areas Guidance and Recommendations:
The site is expected to develop as an extension of the mixed use multi -family and
commercial development south of the municipal boundary, in the City of North Oaks.
Commercial development in White Bear Township fronts County Road J (Ash Street) all
the way to the freeway.
The site is surrounded by Centerville Road, County Road J (Ash Street), and Wilkinson
Lake. Wilkinson Lake is classified as a Natural Environment Lake under the Minnesota
shoreland management rules. This lake is small and often appears to be a wetland or even
a dry prairie rather than a lake. Any development design must include careful
consideration to water quality and potential impacts on the lake.
Approximately 60 percent of the Mixed Use area is expected to accommodate residential
development at approximately 8 to 15 units per acre. The remaining 40 percent is to
accommodate commercial development.
Environmental Review Record
The proposed development may require a Mandatory Environmental Assessment
Worksheet (EAW). The residential unit analysis must be conducted on all contiguous
land the developer owns which includes the North Oaks Company property to the west of
the project site.
Wetlands
The concept plan indicates wetlands along Lake Wilkinson. Wetland delineations have
been completed and are waiting VLAWMO review and approval. The wetland
delineation report and VLAWMO approval shall be required with the PUD Development
Stage Plan/Preliminary Plat. Conservation easements 50 feet from the delineated
boundary shall be required for wetland buffer.
Floodplain
The 1982 FEMA Flood Insurance Rating Map (FIRM) indicates Zone A flood plain on
the subject property. A Base Flood Elevation is required to be determined, using
detailed methods acceptable by the Federal Emergency Management Agency (FEMA).
This will be used in setting the low floor elevations. A FEMA Letter of Map Revision
(LOMR) is required for this site. It is highly recommended that the LOMR process be
started immediately with a Conditional Letter of Map Revision application.
10
Shoreland District
The subject property is located within the Shoreland Management Overlay District of
Wilkinson Lake and Amelia Lake. Both lakes have been established as natural
environment lakes by the DNR. The proposed development provides a transition from
lower density (single family lots) along Wilkinson Lake and the wetlands to higher
densities along CSAH 21 (twin homes and townhouse). The regulations of the shoreland
district (Chapter 1102) shall apply to the entire development. The specific regulations of
the PUD shoreland district (Section 1102.13) shall apply to the twin home and townhome
development.
Growth Management Policy
Per the Comprehensive Plan (page 3-27), an annual average of 230 units per year over
each 5 year phasing period not to exceed 345 units in any 1 year is allowed. At the end
of the 5 year phasing period unallocated units will be averaged out over the next 5 years.
A phasing plan shall be required to insure consistency with this requirement.
PUD Development Stage Plan/Preliminary Plat
The City's review and comments on the concept plan's relation to the Comprehensive
Plan and development regulations does not grant any rights to the applicant to develop
the property as depicted by the concept plan.
A land use application for PUD Development Stage Plan/Preliminary Plat shall be
required.
Additional comments:
General
• North Oaks Company, LLC owns approximately 60 acres of land to the west of
the proposed development. A ghost plat or master development plan consistent
with required residential densities shall be submitted for this area.
• North Oaks Company, LLC should consider including this property in the plat as
an outlot for future development to eliminate remnant parcels and fragmented
growth.
• North Oaks Company, LLC should also consider working with St. Paul Water
Works on the potential on deeding their property to North Oaks Company and
obtaining an easement.
Certificate of Survey:
• The approximate wetland area square foot to acres calculation is not correct.
• The wetland area shall only be for wetland within the boundaries of the proposed
plat.
11
• All area calculations shall be revised.
• Right-of-way area shall include full 60 feet from centerline from CSAH 32 and
CSAH 21.
• What is BSB boundary near wetland?
Concept Plan
• The details of lot sizes, widths and right-of-way are not legible.
• The plat boundaries shall exclude the required 60 feet of right-of-way from
centerline for CSAH 32 and CSAH 21.
• Existing easements and utilities shall be shown.
• Setback from OHWL of 150 feet shall be shown.
• Conservation easement 50 feet from delineated wetland boundary shall be shown.
• There is no building setback from the conservation easement.
• More detail regarding the brownstone development such as access, parking, open
space etc. shall be provided.
• Proposed trail and sidewalks shall be shown.
• What is proposed for the property to the west?
RECOMMENDATION
Staff recommends submission of a revised concept plan by the developer with
consideration of the comments provided by staff report, Council and Advisory Boards.
ATTACHMENTS
1. Site Location Map
2. Aerial Map
3. Zoning Map
4. Future Land Use Map
5. WSB City Engineer's Letter dated October 8, 2015
6. Anoka County letter (to follow)
7. North Oaks Company, LLC Narrative
8. Certificate of Survey
9. Concept Plan
10. Photos
12
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1 T North Oaks Development Concept Plan
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NOVKES 101612015
& Assocengineering • planning • environmental • construction
Memorandum
To: Katie Larsen, City Planner
From: Diane Hankee PE
Date: October 8, 2015
Re: North Oaks Company PUD Concept Plan
WSB Project No. 2988-080
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
The North Oaks PUD Concept Plan submittal documents received on September 14, 2015 and
reviewed here within, included the following:
1. North Oaks Company project narrative from Christine Heim dated September 14, 2015
2. Concept Plan prepared by Sathre-Bergquist, Inc. dated September 14, 2015
3. Certificate of Survey prepared by Kurth Surveying, Inc. dated September 10, 2015
General Comments:
1. The applicant shall coordinate and obtain permits for the project: BWSR & DNR (wetland
impacts), MCES, MPCA (Sanitary & Stormwater), MDH Watermain Extension, Anoka
County (Right of Way & Access), White Bear Township, City of North Oaks, RCPA Electric
and potentially St. Paul Water Works.
2. With the preliminary plat submittal a geotechnical evaluation, stormwater design and wetland
delineation shall be included.
3. A traffic study will be required by Anoka County and the City of Lino Lakes.
4. The roadway and municipal utilities shall be within dedicated public right of way.
Grading, Street and Trail Comments:
The site should access a public roadway. Wilkinson Lake Blvd is owned by Presbyterian
Homes of North Oaks which is a private roadway. To access this roadway will require a
public roadway easement obtained by the developer. The proposed plan shows an
emergency access off of Ash Street. We recommend a full access street be provided at this
location. The developer should work with the City and Anoka County regarding access
spacing requirements.
2. The Brownstone access shall be identified.
3. Access to the Presbyterian Homes lot shall be identified.
4. A trail system needs to be extended through the site.
St. Cloud • Minneapolis • St. Paul
Equal Opportunity Employer
wsbeng.com
SACommunity D—lopmentTrojmts\Planning Cases\North Oaks Company POD Concept Plan\Staff Reports\20151014 PZ (Concept Plan)\5 Memo - klarsen -North Oaks - 20151006.doc
Ms. Katie Larsen
October 8, 2015
Page 2
5. The roadway alignment and profile shall meet MnDOT specifications for a 30 mph roadway
or the design speed.
6. New access intersections shall meet all City and County site distance requirements.
7. The roadway typical section shall meet the City's standard found at:
http://www.ci.lino-lakes.mn.us/index.asp?SEC=F5DD7642-AADF-4465 -9 DBA-
71 E8F5EC9F8E&Type=B_BASIC
Sanitary Sewer and Watermain Comments:
The property lies within sewer District 4 which is proposed to be serviced by a White Bear
Township trunk sewer line. There is currently a sanitary sewer forcemain that runs through
the west side of the site and is pumped into a 10 inch gravity line. This system currently
serves the City of North Oak's Rapp farm development. An 18 inch trunk sewer is located in
the southeast corner of the site. The City will need to work with White Bear Township to
determine the appropriate connection point to serve this property and the remainder of
District 4.
2. A noted within the Comprehensive Sanitary Sewer Plan a Joint Powers Agreement with
White Bear Township will need to be in place for the sanitary sewer service. This agreement
will need to identify MCES SAC units and an associated fee structure.
3. Water service is also through White Bear Township and as outlined in the City's
Comprehensive plan a 12 inch watermain loop will need to be extended through the site.
4. The City will need to work with White Bear Township regarding a watermain interconnect at
the southeast corner of the site.
Storm Sewer and Drainage Comments:
1. A stormwater review will be completed with the preliminary plat submittal.
2. The City of Lino Lakes Stormwater Ordinance will govern the design requirements for
infiltration, rate control and stormwater quality. The watershed, VLAWMO is not a
permitting authority for stormwater.
3. The minimum storm sewer pipe size shall be 15-inch.
4. Wilkinson Lake is an impaired water with a TMDL implementation plan to be coordinated
with VLAWMO.
5. A 50 foot buffer is required and to be shown around lakes and wetlands.
Flood Plain Comments:
1. A Base Flood Elevation is required to be determined, using detailed methods acceptable by
the Federal Emergency Management Agency (FEMA). This will be used in setting the low
floor elevations and for #2 below.
2. A FEMA Letter of Map Revision (LOMR) is required for this site. It is highly recommended
that the LOMR process be started immediately with a Conditional Letter of Map Revision
application.
SACommunity Development\ProjeasTi nning Cases\Norfi Oaks Company PUD Concept Plan\Staff Repws\20151014 PZ (Concept Plan)\5 Memo - klarsen - b
,KS
LLC
September 14, 2015
City of Lino Lakes.
600 Town Center Parkway
Lino Lakes, Minnesota 55014
Re: Planned Unit Development General Concept Plan for:
1556 Ash Street and P1N 35-31-22-33-0002 (No Address)
Ladies and Gentlemen,
OF LINO LAK&'
North Oaks Company, LLC hereby makes application for review of the General Concept Plan for a
Planned Unit Development. The property is bounded on the north by Ash Street, on the east by
Centerville Road, on the south by Wilkinson Boulevard and the west by Wilkinson Lake. The eastern
parcel is zoned Mixed Use and the western parcel is zoned High Density Residential. The parcels are
presently being used for agriculture. Pictures of the site are attached.
We are considering developing a combination of single townhomes and twin townhomes. The singles
would be arranged along the western edge of the property, with walkouts towards Willcinson Lake and in
the center with walkouts toward a storm treatment pond. The twin townhomes would be arranged around
the perimeter along Ash Street and Centerville Road, buffered from traffic by berms and landscaping.
We are in discussions with senior housing provider to sell or co -develop the southern seven plus acres for
rental Brownstones similar to the existing Brownstones located at Waverly Gardens. The townhomes and
rental apartments will be designed for empty nesters. A picture of the Brownstones is included with this
letter.
5959 Centerville Road, Suite 200 •North Oaks, MN USA 55127 • t: 651-484-3361 • f: 651-484-2704 • www.northoaks.com
Along the north side of Ash Street are single-family homes, zoned Low Density Residential. Across
Centerville Road to the east are single-family homes, zoned Rural Land Use and Low Density
Residential. On the south side of Wilkinson Boulevard, in North Oaks, are Waverly Gardens, a
Presbyterian Homes facility, Tria Restaurant, and business offices. This is zoned Commercial. At the
intersection of Centerville Road and County Road J, the parcels on the northeast and southeast corners are
also zoned Commercial.
The total area of the two parcels is 45.57 acres with approximately 34.47 acres of upland which does not
include existing road rights of way. We are considering using 8.4 acres for single townhomes and 9 acres
for twin homes. There are 3.75 acres for street ROW. We are looking at 75400 senior rental units on the
7.25 acres to the south. The total developed area comprises 24.65 acres with the remainder in outlots,
wetlands, and road rights of way
The site will be accessed from Wilkinson Boulevard at the south. We are proposing two entrances, one
for the townhomes and one for the Brownstones, with no access from Centerville Road or Ash Street. We
are showing an emergency secondary access on Ash Street at the northwest corner of the site.
The townhomes will all be in a home owners' association that will manage and maintain the property for
the benefit of the development. The rental apartments will not be included in the home owners'
association. Management and maintenance of this area will be by the senior housing provider.
Soil testing studies are underway. Wetland delineations have been completed; we are waiting for
VLAWMO review and approval.
We believe that our proposed development complies with Lino Lakes ordinances and fits well into its
Comprehensive Plan 2030 Proposed Land Use. We would like to start site development in the summer of
2016. Our intention is to complete the entire project atone time.
We understand there is a nonrefundable fee of $100.00 and an escrow amount of $2,500.00 required for
the Concept Plan Review. A check for that amount will be delivered to Lite City next week.
We look forward to presenting this plan to you and responding to your comments and questions.
Very Truly Yours,
_In
Christine L. Heim
Vice President
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DRAWING NAME NO. BY DATE REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, AND/OR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS CITY PROJECT NO. FILE NO.
BASE_HAWKINS INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT
PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I ESIX RJR✓ - CONCEPT PLAN 09-14-15 64500-014
- - - - - - - - - -- -- - - - - - AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE i
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- - - - - - - - - - - - - - - - - - - - - INDEMNIFY SATHRE-BERGOUIST, INC. OF ALL RESPONSIBILITY. .�, a w j 0 150 SOUTH BROADWAY WAYZATA, MN. 55391 (952) 476-6000 LINO LAKES, xx
CHECKED BY - - - - _ - - - - - SATHRE-BERGQUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE SJam.-LL`7 m MINNESOTA NORTH OAKS COMPANY
RSM _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING I"�DATE FROM ILLEGITIMATE USE. Robert S. Mo stadE. / �8 �'�FRsP�
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STAFF ORIGINATOR:
P & Z MEETING DATE:
REQUEST:
CASE NUMBER:
APPLICANTS:
OWNERS:
REVIEW SCHEDULE:
PLANNING & ZONING BOARD
AGENDA ITEM 5C
Katy Thompson, W S B & Associates, Inc.
October 14, 2015
Public Hearing
Amendment to Chapter 1103: Floodplain Management
TA2015-002
City Initiated
N/A
Complete Application Date:
NA
Environmental Board Meeting:
NA
EDAC Meeting:
NA
Park Board Meeting:
NA
P & Z Board Meeting:
October 14, 2015
City Council Meeting:
November 9, 2015
60-Day Review Date:
NA
60-Day Extension:
NA
BACKGROUND
The City of Lino Lakes floodplain maps were last updated in 1982. These maps are used to
determine flooding risks and flood insurance premiums for property owners. As part of a
national five-year map modernization effort, FEMA floodplain maps are in the process of being
updated for the state of Minnesota. If available, newer flood elevation data are being used, and
newer elevation data (topography) are being used to draw the boundaries of the floodplain. The
new maps will have aerial photo backgrounds, to make it easier to find specific addresses, and
will also be produced digitally for use with computer mapping programs.
FEMA has issued their Final Letter of Determination for the updated Anoka County Flood
Insurance Study and Flood Insurance Rate Maps. As part of the process, communities
participating in the National Flood Insurance Program, like Lino Lakes, must adopt new
floodplain management ordinances before the new maps become effective on December 16,
2015.
ANALYSIS
The Minnesota Department of Natural Resources provided a FEMA-approved template
ordinance customized for the City of Lino Lakes. The following is a summary of the major
revisions to the City of Lino Lakes Ordinance 1103: Floodplain Management:
1. New map panels adopted by reference in the ordinance
2. Establish 3 new overlay districts [Floodway, Flood Fringe, and General Floodplain
Districts] to match updated Flood Insurance Rate Maps with explicit permitted uses
3. New manufactured home parks or expansions to existing manufactured home park
requirements
4. Variance language updated to reflect FEMA requirements
RECOMMENDATION
Staff recommends approval of proposed Ordinance No. 10-15.
ATTACHMENTS
1. Proposed Ordinance No. 10-15
2
I" Reading: Publication:
2" d Reading: Effective:
CITY OF LINO LAKES
ORDINANCE NO. 10-15
ORDINANCE 1103: FLOODPLAIN MANAGEMENT
"The City Council of Lino Lakes ordains".
CHAPTER 1103: FLOOD -PLAIN MANAGEMENT
Section
1103.01 Statutory authorization, findings of fact and purpose
1103.02 General provisions
1103.03 Definitions
1103.04 Administfati Establishment of zoning districts
1103.05 Establishment of zoning dis *Floodway District
1103.06 Flood Fringe District
1103.07 General Floodplain District
1103.08 Land development standards Subdivisions
1103.09 N4muf ,. area h,.,. es/I,-aver +"ailefs ara tf ,,e v ehieio"Public utilities,
railroads, roads, and bridges
1103.10 Manufactured homes, manufactured home parks and recreational vehicles
1103.11 Administration
1103.12 Nonconformities
1103.13 Penalties and enforcement
1103.14 Amendments
§ 1103.01 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND
PURPOSE.
(1) Statutory authorization. The legislature of the State of Minnesota has, in
1 of 39
Minnesota Statutes § Chapter 103F. 10 1 thfettgh 103F. 165 and Chapter 462, as the ' may be amended 4om time to time, delegated the responsibility to local government units
to adopt regulations designed to minimize flood losses. Therefore, the City Council of
Lino Lakes, Minnesota does ordain as follows.
(2) Purposendin .ejq��.
(a) This ordinance regulates development in tThe flood hazard areas of the City of
Lino Lakes, Minnesota. These flood hazard areas are subject to the periodic inundation
which may results in potential loss of lifeless -of and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public expenditures for
flood protection and reliefs and impairment of the tax base. It is the purpose of this
ordinance to promote; " o fAvh;,,h, adve sely aff et the public health, safety and general
welfare by minimizing these losses and disruptions.
(b) National Flood Insurance Compliance. This ordinance is adopted to comply
with the rules and regulations of the National Flood Insurance Program codified as 44
Code of Federal Regulations Parts 59 — 78, as amended, so as to maintain the
community's eli ig bility in the National Flood Insurance Program.
(c) This ordinance is also intended to preserve the natural characteristics and
functions of watercourses and floodplains in order to moderate flood and stormwater
impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat,
provide recreational opportunities, provide aesthetic benefits and enhance community an
economic development.
fia4tir-al ��ur-es ha-ve been identified. The plan also ineiudes flood plain speeifieally identifies goals and polieies for- wa4er- management. Standards for-
neeessary freeboard requirements and reeommended building elevations. This ehapter is
based upon theme€cemmenflatiens of the LWN4P, which is hereby adopted into tl3i�
(e) Methods used to analyze flood hazards. This chapter- is based upon a reasonable
method of analyzing flood hazar-ds whieh is eonsistent with the standards established b
the Minnesota Depaftment of Natural Resetir-ees.
Statement efptffpese.Itisthe purpose of thischapteFto promote the puhealth, safety and general welfafe and to minimize those losses deser-ibed in division (a)
§ 1103.02 GENERAL PROVISIONS.
(1) How to Use This Ordinance: This ordinance adopts the floodplain maps applicable
to the City of Lino Lakes and includes three floodplain districts: Floodway, Flood Fringe,
and General Floodplain.
(a) Where Floodway and Flood Fringe districts are delineated on the floodplain
2 of 39
maps, the standards of 1103.05 or § 1103.06 will apply, depending on the location of a
property.
(b) Locations where Floodway and Flood Fringe districts are not delineated on the
floodplain maps are considered to fall within the General Floodplain district. Within the
General Floodplain district, the Floodway District standards in § 1103.05 apply unless the
floodway boundary is determined, accordingto o the process outlined in § 1103.07. Once
the floodway boundary is determined, the Flood Fringe District standards in § 1103.06
may apply outside the floodwaL.
(2) Lands to Which Ordinance Applies:Juri-sdiefi� This ehapt -r-ordinanceshall
apply applies to all lands within the jurisdiction of the City of Lino Lakes shown on the
eOfficial zZoning mMap and/or the attachments thereto -to the map as being located
within the boundaries of the 100 year ,-egg .na 1400 Floodway, Flood Fringe, or General
Floodplain Districts.
(a) The Floodway, Flood Fringe and General Floodplain Districts are overlay
districts that are superimposed on all existing zoning oning districts. The standards imposed in
the overlay districts are in addition to any other requirements in the ordinance. In case of
a conflict, the more restrictive standards will apply.
(�3) Incorporation of Maps by Referenc!&ta lis- nt of ffi ia! . The
following maps together with all materials ,,#,,,.1,o,a thereto Jis are
hereby adopted by reference and declared to be a part of the Official Zoning Map and this
ehaptefordinance. The "referenced material slyincludes the Flood Insurance
Study for the City of T :ro T akesAnoka County, Minnesota, and Incorporated Areas and
the Flood Insurance Rate Map panels enumerated below, all dated December 16, 2015
and all --prepared by the Federal Emergency Management
Agenc r A dminis4at These materials are dated November �941, md the
instiranee rate map dated May 17, 1982, along with subsequen4ly approved letters of map
revision (LOMR) and lettefs of map amendment (LOMA). The effieial zoning map shall
be -on file in the office of the City Clerks and the building ieeto, zoni
eialZoning Administrator.
• 270030335E
• 270030344E
• 270030345E
• 270030355E
• 270030360E
• 270030365E
• 270030366E
• 270030370E
3 of 39
(4) Re ul�atoij flood protection elevation. The re ug latory flood protection elevation
(RFPE) is an elevation no lower than one foot above the elevation of the regional flood
plus any increases in flood elevation caused by encroachments on the flood plain that
result from designation of a floodway.
(35) tikesf r interpretation of distriet z,.,wh4 .• eAnterpretation. The boundaries of
the zoning districts mare determined by scaling
distances on the ^Bela' zoning m _PFlood Insurance Rate Map.
(a) Where ' a conflict exists between the floodplain limits illustrated on
the official zoning map an is needed as to the exaet lee tie of the b etin ar-ies of the
distfiet, as shown on the offieial zoning map as for- example, W-hefe there appears to be
„ fliet between a mapped h•,,,nddry an actual field conditions, the flood elevations
shall be the governing factor. Tthe cloning Administrators must interpret the
boundary location based on the ,ground elevations that existing on the site on the date of
the first National Flood Insurance Program map showing the area within the re ul�atorX
floodplain, and other available technical data. shall make the neeessafy intefpr-et
(b)_Persons contesting the locations of the district boundariesy twill be
given a reasonable opportunity to present their case to the Board of Adjustment and to
submit their own technical evidence.
shall be . elevation no lower- •11..,n one feet above the ofey t;on of the 100 year-
L.,moo
A flood elev4ien plus any inefeases m flood elevation eaidsed by efier-eaehments
(6) e lies- i4elation.
(a) —Violation of the provisions of this ehapter- or- failure to eem with grants of var-ianees or- eenditional uses) shall eenstitute a misdemeanor- and shall be
punisha le as defined by law.
(b) Nothing herein eentained shall prevent the City of Line Lakes from taking ethe
l.,wfit aetioneeessar-y to prevent o remedyanyof do if the r-espensi
b, additional day that lapses shall • ns t„te ., additional yola4io •,fthis nb.., for
and shall be prosecutteda •„-.1iDg!.. Tb,osc actions may include, not limited to:
fines,City of Lino Lakes may iitilize the fiAl affay of enfor-eement aetions available to it
including but not limited to proseeution and > ,
orders for- eofFeetive measttr-es or- a r-e"est to the Na4ional Flood instffanee Program fo
denial of flood insur-anee a-,�ailability to the guilty party. The eemffrdnity Midst aet in goo-,
2. When an or-dinanee violation is either- diseovefed by of bfought to the attention
of the Zoning Administrator-, the Zoning Administ-Fator- shall immedia4ely 4westigate thee
4 of 39
situation md deeu+neat the nature md extent of the violation of the effleial eentrel. As
seen as is reasonably possible, this information will be submitted to the appropri
Department of Natural Resettrees and Federal Eraefgefiey Management Ageffey regional
offiee along with the eemmunity's plan of aetion to eeffeet the violation to the degree
possible-.
3. The Zoning Adrainis4ater shall notify the suspeeted party of the fequifernents
of this ehapter and all other offieial eentrols and the nature and extent of the stispeete
violation of these eontrels. if the structure an&of use is under construetion o
developmen4, the Zoning Administrator- may order- the eonstruetion or developm
immediately halted until a proper permit or approval is granted by the eeffiffluffity. if the
eonstmetion or development is aiready eornpleted, then the Zoning Administrator- ma
either
a. issue an order- identifying the eerreetive aetiens that m-Ust be made within
speeified time period to bring the ese or strueture into eornplianee with the offi
rtra
b. Notify the responsible party te apply for md after the
pefrait/development approval within a speeified period of time FkOt tE) eNeeed 30 days-7
4. if the responsible p", does not appropriately respond to the Zoning
Adminis4a4er within the speeified period of time, eaeh additional day that lapses shall
eonstitute an additional violation of this ehapter and shall be preseetited aeeordingly. The
Zoning Administrator shall also, upon the lapse of the speeified response period, neti
the landowner to restore the !arid to the eondition w-hieh existed prior- to the violation 0
thischapter-.
(7) hiterpi-etation. in their ifftefpretatien and appheation, the provisions of
ehapter shall be held to be mini . meats and shall be liberally eenstrued in --
favor of the goveming body and shall not he- deemed a limitation or repeal of any other
powers granted by state statutes. Where a speeifie use or perfermanee standard is
(86) Abrogation and greater restrictions. It is not intended by this chapter to repeal,
abrogate or impair any existing easements, covenants, deed restrictions, or other
private agreements. However, where this chapter imposes greater restrictions, the
provisions of this chapter shall prevail. All other ordinances inconsistent with this chapter
are hereby repealed to the extent of the inconsistency only.
(97) Warning and disclaimer of liability. This chapter does not imply that areas
outside of the Flood Plain (l..o,lay Dist.;,.*floodplain districts or land uses permitted
within these such districts will be free from flooding or flood damages. The chapter does
not create liability on the part of the City of Lino Lakes or its officers or employees for
any flood damage that may result from reliance on this chapter or any administrative
decision lawfully made under it.
(4-08) Severability. If any section, clause, provision or portion of this chapter is
adjudged unconstitutional or invalid by a court of eernpetei4 jtirisdietionlaw, the
5 of 39
remainder of this chapter shall not be affected therebyand shall remain in full force.
(9) Annexations. The Flood Insurance Rate Map panels adopted by reference into
1103.02(3) above may include floodplain areas that lie outside of the corporate
boundaries of the City of Lino Lakes at the time of adoption of this ordinance. If any of
these floodplain land areas are annexed into the City after the date of adoption of this
chapter, the newly annexed floodplain lands will be subject to the provisions of this
chapter immediately upon the date of annexation.
§ 1103.03 DEFINITIONS.
For- the pufpese of this ehapter-, the following definitiens shall apply tffiless the eefiteX4
elear- y indi mesor-r-equir-esa different my g.Unless specifically defined below, words
or phrases used in this chapter must be interpreted according to common usage and so as
to give this chapter it's most reasonable application.
ACCESSORY USE OR STRUCTURE. A use or structure on the same lot with, and of
a nature customarily incidental and subordinate to, the principal use or structure.
BASE FLOOD ELEVATION. The elevation of the "regional flood." The term "base
flood elevation" is used in the flood insurance study.
BASEMENT. Any area of a structure, including crawl spaces, having its floor or base
subgrade (below ground level) on all four sides, regardless of the depth of excavation
below ground level.
CONDITIONAL USE. A specific type of structure or land use listed in the official
control that yA lmd use or- development that may not be appr-epr-iate generally withi
eei4a n dist-F et bu be allowed but only after an in-depth review procedure and with
agppropriate conditions or JN dhat. distriet With appr ,..,ria+e restrictions as provided in the
official zoning controls or building codes and upon finding _ that:
hat:
(a) Certain conditions as detailed in the zoning ordinance exist.
(b) The structure and/or land use conform to the comprehensive land use plan, if one
exists, and are compatible with the existing neighborhood, ,,,,,,,bons or- limitation
CRITICAL FACILITIES. Facilities necessary to a community'spublic health and
safety, those that store or produce highly volatile, toxic or water -reactive materials, and
those that house occupants that may be insufficiently mobile to avoid loss of life or
injury. Examples of critical facilities include hospitals, correctional facilities, schools,
daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities,
public electric utilities, water plants, fuel storage facilities, and waste handling and
storage facilities.
DEVELOPMENT, Any manmade change to improved or unimproved real estate,
6 of 39
including buildings or other structures, mining dredging, filling, illing, grading` paving,
excavation or drilling operations, or storage off equipment or materials.
EQUAL DEGREE OFENCROACHMENT. 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.
FARM FENCE. A fence as defined by Minn. Statutes Section 344.02, Subd. I (a)-(d).
An open type fence of posts and wire is not considered to be a structure under this
ordinance. Fences that have the potential to obstruct flood flows, such as chain link
fences and rigid walls, are regulated as structures under this chapter.
FLOOD. A temporary increase in the flow or stage of a stream or in the stage of a
wetland or lake that results in the inundation of normally dry areas.
FLOOD FREQUENCY. The frequency for which it is expected that a specific flood
stage or discharge may be equaled or exceeded.
FLOOD FRINGE. That portion of the floodplain outside of the floodway. Flood
fringe is synonymous with the term "floodway fringe" used in the Flood Insurance StudX
for Anoka County, Minnesota.
FLOOD -PLAIN. The beds proper and 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.
FLOODWAY. The bed of a wetland or lake and the channel of a watercourse and those
portions of the adjoining floodplain which are reasonably required to carry or store the
regional flood discharge.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, used solely for parking of vehicles, building
access, or storage in an area other than a basement area, is not considered a building's
lowest floor.
MANUFACTURED HOME. A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without a permanent
foundation when attached to the required utilities. The term "manufactured home" does
not include the term "recreational vehicle."
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel modification, culvert, building, wire, fence, stockpile,
refuse, fill, structure or matter in, along, across or projecting into any channel,
watercourse or regulatory flood -plain which may impeded, retard or change the direction
of the flow of water, either in itself or by catching or collecting debris carried by the
water.
ONE HUNDRED YEAR FLOODPLAIN. Lands inundated by the "Regional Flood"
7 of 39
(see definition).
PRINCIPAL USE OR STRUCTURE. All uses or structures that are not accessory
uses or structures.
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 se ment
of a stream or river between two consecutive bridge crossings would most typically
constitute a reach.
RECREATIONAL VEHICLE. A vehicle that is built on a single chassis, is 400 square
feet or less when measured at the largest horizontal projection, is designed to be self-
propelled or permanently towable by a light duty truck, and is designed primarily not for
use as a permanent dwelling but as temporary living Quarters for recreational, camping_,
travel, or seasonal use. For the purposes of this chapter, the term recreational vehicle is
synonymous with the term "travel trailer/travel vehicle."
REGIONAL FLOOD. A flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be expected to
occur on an average frequency in the magnitude of the 1% chance or 100-year recurrence
interval. REGIONAL FLOOD is synonymous with the term "base flood" used in the
Flood Insurance Study.
REGULATORY FLOOD PROTECTION ELEVATION R( FPE). An elevation not
less !owe r 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.
REPETITIVE LOSS. Flood related damages sustained by a structure on two separate
occasions during a ten year period for which the cost of repairs at the time of each such
flood event on the average equals or exceeds 25% of the market value of the structure
before the damage occurred.
SPECIAL FLOOD HAZARD AREA. A term used for flood insurance nurrnoses
synonymous with "One Hundred Year Floodplain."
STRUCTURE. Anything constructed or erected on the ground or attached to the
ground or on -site utilities, including, but not limited to, buildings, factories, sheds,
detached garages, cabins, manufactured homes, recreational vehicles not meeting the
exemption criteria specified in § 1103.10 (2)(b) of this chapter and other similar items.
SUBSTANTIAL DAMAGE. Means damage of any origin sustained by a structure
where the cost of restoring the structure to it's before damaged condition would equal or
exceed 50 percent of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT. Within any consecutive 365-day_period, any
reconstruction, rehabilitation (including normal maintenance and repair), repair after
damage, addition, or other improvement of a structure, the cost of which equals or
exceeds 50 percent of the market value of the structure before the "start of construction"
of the improvement. This term includes structures that have incurred "substantial
8 of 39
damage," regardless of the actual repair work performed. The term does not, however
include either:
(a) Any project for improvement of a structure to correct existing violations of state
or local health, sanitary, or safety code specifications which have been identified by the
local code enforcement official and which are the minimum necessary_ to assure safe
living conditions.
(b) Any alteration of a "historic structure," provided that the alteration will not
preclude the structure's continued designation as a "historic structure." For the purpose
of this chapter, "historic structure" is as defined in 44 Code of Federal Regulations, Part
59.1.
VARIANCE. A modification of the strict provisions of this chapter as applied to a
specific piece of property in order to provide relief for a property owner because of undtie
practicable difficultiesheFd&hip imposed upon the property by this chapter. A
VARIANCE shall normally be limited to height, density and yard requirements. A
modification in the allowable uses within a district shall not be considered a VARIANCE.
ZONING ADMINISTRATOR. The Communi , Development Director, or assigns,
who is charged with the administration and enforcement of this chapter.
(a) The ZoningAdministrator- u11 �iiJto €i?fvrc�this C irtvr.(b) The Zoning Administ-r-ator- shall review all development proposals to detel:ffliae
Nether the p oa , e lies within the Fl.,.,.-1 Plain Over -lay Dist,-; �
(e) 14o development shall be pefmitted tmiess it eomplies with all pfovisions of this
(d) if the Zoning Administrator- finds a violation of the pr-ovisions of this ehaptef, he
er- she shall notify the per -son fesponsible fer- the violation in aeeer-da-nee with
(2) P-emlit requir-extent-S.
with the provisions ef this eha-pter- shall be seeiffed pfior- to the er-eetion, addition o
alteration of any building, stmettir-e or- portion thereof-; prior- to the use or- ehange of use of
a building, stndetufe of land; pfior- to the ehange of extension of a noneonfoniiing use;
and prior- to the plaeement of fill, exeavation of materials or- the stofage of materials o
. . ient within the Flood Plain Over -lay Distriet.
(b) 4ppheafien andfte. A use pefmit shall be applied for- ftem the Zoning
Administfator-. The applieation shall be made in dtTlieate and shall inelude the following
here p1 cable:
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5
§ 1103.05--04 ESTABLISHMENT OF ZONING DISTRICT.
(1) Districts.
a) Floodwav District. The Floodwav District includes those areas designated as
floodway on the Flood Insurance Rate Map adopted in § 1103.02(3). For lakes, wetlands
and other basins, the Floodway District includes those areas designated as Zone A or AE
on the Flood Insurance Rate Map that are at or below the ordinary high water level as
defined in Minnesota Statutes. Section 103G.005. subdivision 14.
(b) Flood Fringe District. The Flood Fringe District includes those areas designated
as floodway fringe on the Flood Insurance Rate Map adopted in § 1103.02(3), as being
within Zone AE but being located outside of the floodway. For lakes, wetlands and other
basins (that do not have a floodway desi_ng ated), the Flood Fringe District includes those
areas designated as Zone A or AE on the Flood Insurance Rate Map panels adopted in
1103.02(3) that are below the 1% annual chance (100-year) flood elevation but above the
ordinary high water level as defined in Minnesota Statutes, Section 103G.005,
subdivision 14.
(c) —Flood Plain Over ay Dist ietGeneral Floodplain District. The General
Floodplain District includes those areas designated as Zone A or Zone AE without a
floodway on the Flood Insurance Rate Map adopted in § 1103.02(3), but not subject to
the criteria in § 1103.04(1)(a) and (b) above.The Flood Plain Over -lay District shag
inelude these areas designated as unnumbered A Zones on the flood instffanee rate map
(25) Compliance. Within the floodplain districts established in this ordinance, the use
of any land, the use, size, type and location of structures on lots, the installation and
maintenance of transportation, utility, water supply and waste treatment facilities, and the
subdivision of land must complyy N new s*m,.*,,,.v or- land shall he-eafte,- be used and no
eomplianee—with the terms of this chapter and otherthe applicable regulations whieh apply
to uses ,.ithi,, the jurisdiction of this ehapter All uses not listed as permitted uses or
conditional uses in § 1103.05, 1103.06, and 1103.07, respectively shall be prohibited.
In addition, a caution is provided here that:
(a) New and replacement manufactured homes , replacement manufactured homes
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and certain tfavel tfai e -s ��recreational vehicles are subject to the general
provisions of this chapter and specifically § 1103.1009 and Chapter 1007, Zoning Code.
(b) Modifications, additions, structural alterations, normal maintenance and repair,
or repair after damage to existing nonconforming structures and nonconforming uses of
structures or land are regulated by the general provisions of this chapter and specifically
§ 1103.06(412) and Chapter 1007, Zoning Code.
(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 provision of this
chapter and specifically as stated in § 1103.1104.
(d) Critical facilities, as defined in § 1103.03, are prohibited in all floodplain
districts-
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§ 1103.056 FLOODWAY DISTRICT (FW)USES.
(1) Permitted uses. The following uses, subject to the standards set forth in § 1103.05
2 are have a low flood potentialand a not ebstfuEt 140oa flows These , es shall e
permitted uses if otherwise within the Flood Plain Over -lay Dis4iet to the exteI4 that the
are allowed in the underlying base zoning district or any pplicable overlay district:-,4hey
are not prohibited by any other ordinanee and provided they do not require stmetufes, fill..
or- storage of materials or- e"ipment. In addi shall adver-sely affeet thee
eapaeity of the ehannels of fleed plains of to the main str-eam of of a -fly
drainage diteh or- any other- drainage f4eility or- system.
(a) Agr4ettitufal uses stie , as-gQeneral farming, pasture, grazing, outdoor plant
nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting.
(b) Industrial -commercial uses such loading areas, parking areas and airport
15 of 39
landing strips.
(c) Open space uses, including but not limited to Pprivate and public regional
uses stieh asgolf 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, tafget ,.,,nges, *rap and skeet ranges, hunting and
fishing areas., and single- or multiple -purpose recreational trails.
(d) Residential aeeessety uses stieh as lawns, gardens, parking areas and play areas
as long as no permanent structures are constructed.
(e) Boat 1.,,,n..hiag ramps and .aoeks o ., „ lots e permitted to
01 tiseRailroads, streets, bridges, utility transmission lines and pipelines, provided
that the Department of Natural Resources' Area Hydrologist is notified at least ten days
prior to issuance of any permit, and that the standards in . 11�05(4)(a), 1103.05(c)(i),
and 1103.05(f) of this chapter are met.
(2) Standards for Floodway Permitted Uses.
(a) The use must have a low flood damage potential.
(b) With the exception of the uses listed in 1103.05(l)(e), the use must not obstruct
flood flows or increase flood elevations and must not involve structures, fill, obstructions
excavations or storage of materials or equipment.
(e) Any facility that will be used by employees or the general public must be
designed with a flood warning system that provides adequate time for evacuation if the
area is inundated to a depth and velocity such that the depth in feet, multiplied by the
velocity (in feet per second) would exceed a product of four upon occurrence of the
re - ional ,1 %-chance) flood.
(3-2) Conditional uses. The following uses and s*,.,,, tur-may be allowed as
conditional uses following the standards and procedures set forth pefmit4ed in the Flood
Plain Over -lay Distfiet only after- the issuanee of a eenditional iise pefmit, as provided forr
in § 1103.0411(84) of this chapter and further subject to the standards set forth in
1103.05(4), if otherwise allowed in the underlyingzoning district or any applicable
overlay district. Those uses shall be r ,mit4e within the Flood Plat Over -lay District to
the exten4 that they are allowed in the tmder-lying base zoning distr-iet, they are not.
-prohibited by any other- efdinanee, and they eemply with the pr-evisie s elf 'I'; 1103 07
whieh applies to all Flood Plain Over -lay Distr-iet eenditional uses.
(a) Structures accessory to the uses listed in § 1103.05(1) and the uses listed below.
(eb) Extraction and storage of sand, gravel and other materials.
€c) Marinas, boat rentals, docks, piers, wharves and water control structures,
(gd) Storage yards for equipment, machinery or materials.
residential, e o
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(ee) Placement of fill or construction of fences that obstruct flood flows. Farm
fences. as defined in & 1103.03. are bermitted uses. C,,,Y,ulative igla .0„ ent f fill i
Zoning rode, .z h ebever- is less,
(a) Railroads, streets, bridges, atilitytransmissio and
(emsms etion and storage of ad,gr-a,�el and other- materials. (f) Mar-inas, boa
Fentals, docks, pieFs, wharwes and water- eentTol structures, (g) StoFage yards foF.
, ""a e h iffl.(it
Travel tfailer-s and travel vehieles either- on
^,,,,,1,,,,.,;,,;,,,,., type eampground Travel -ready recreational vehicles meeting the
exemption standards in § 1103.10 09(43).
(g}) Levees or dikes intended to S*..,,,.t,,,,.,1 works rks f flood ent-fol stieh as levees
dikes and floodwalls eonstmeted to any height where the intent is to pr-oteet indivi"al
s,m,,t,,,es a„d levees or- dikes where the intent is to protect agricultural crops for a
frequency flood event equal to or less than the IOten-year frequency flood event.
(4) Standards for Floodway Conditional Uses.
All uses. A conditional use must not cause anv increase in the staize of the 1
chance or regional flood or cause an increase in flood damages in the reach or reaches
affected.
(b) Fill; Storage of Materials and Equipment:
1. The storage or processing of materials that are, in time of flooding,
flammable, explosive or potentially injurious to human, animal or plant life is prohibited.
2. Fill, dredge spoil, and other similar materials deposited or stored in the
floodplain must be protected from erosion by vegetative cover, mulching, riprap or other
acceptable method. Permanent sand and gravel operations and similar uses must be
covered by a long-term site development plan.
3. Temporary_ placement of fill, other materials, or equipment which would cause
an increase to the stage of the 1 % percent chance or regional flood may only be allowed
if the City Council has approved a plan that assures removal of the materials from the
floodway based upon the flood warning time available.
(c) Accessory Structures:
1. Accessory structures must not be designed for human habitation.
2. Accessory structures, if permitted, must be constructed and placed on the
building site so as to offer the minimum obstruction to the flow of flood waters:
a. Whenever possible, structures must be constructed with the longitudinal axis
17 of 39
parallel to the direction of flood flow; and
b. So far as practicable, structures must be placed approximately on the same
flood flow lines as those of adjoining structures.
3. Accessory structures shall be elevated on fill or structurally dry floodproofed in
accordance with the FP -I or FP-2 flood -proofing classifications in the State Building
Code. All floodproofed accessory structures must meet the following additional
standards:
a. The structure must be adequately anchored to prevent flotation, collapse or
lateral movement and designed to equalize hydrostatic flood forces on exterior walls; and
b. Any mechanical and utilityequipment in the structure must be elevated to or
above the regulatory flood protection elevation or properly floodproofed.
4. As an alternative, an accessory structure may be internally/wet floodproofed 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 576 square feet in
the size. A detached garage may be used for parking of vehicles and limited storage.
All flood -proofed accessory structures must meet the following standards:
a. To allow for the equalization of hydrostatic pressure, there must be a
minimum of two "automatic" openings in the outside walls of the structure, with a total
net area of not less than one square inch for every square foot of enclosed area subject to
flooding,; and
b. There must be openings on at least two sides of the structure and the bottom
of all openings must be no higher than one foot above the lowest adjacent grade to the
structure. Using human intervention to open a garage door prior to flooding will not
satisfy this requirement for automatic openings.
(d) Structural works for flood control that will change the course, current or cross
section of protected wetlands or public waters are subject to the provisions of Minnesota
Statutes, Section 103G.245.
(e) A levee, dike or floodwall constructed in the floodway must not cause an
increase to the 1% chance or regional flood. The technical analysis must assume equal
conveyance or storage loss on both sides of a stream.
(f) Floodway developments must not adversely affect the hydraulic capacity of the
channel and adjoiningplain of any tributary watercourse or drainage system.
§ 1103.06 FLOOD FRINGE DISTRICT (FF).
(1) Permitted uses. Permitted uses are those uses of land or structures allowed in the
underlyingzoning oning district(s) that comply with the standards in 1103.06 (2).
(2) Standards for Flood Fringe permitted uses.
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(a) All structures, including accessory structures, must be elevated on fill so that the
lowest floor, as defined, is at or above the regulatory _ flood protection elevation. The
finished fill elevation for structures must be no lower than one foot below the regulato,ry
flood protection elevation and the fill must extend at the same elevation at least 15 feet
beyond the outside limits of the structure.
1. All service utilities, including ductwork, must be elevated or water -tight to
prevent infiltration of floodwaters.
2. As an alternative to elevation on fill. an accessory structure that constitutes a
minimal investment and that does not exceed 576 square feet in size may be internally
floodproofed in accordance with § 1103.05 (4)(c).
(b) The cumulative placement of fill or similar material on a parcel must not exceed
1,000 cubic yards, unless the fill is specifically intended to elevate a structure in
accordance with § 1103.06 (2) of this ordinance, or if allowed as a conditional use under
1103.06 (3)(c) below.
(c) The storage of any materials or equipment must be elevated on fill to the
regulatory flood protection elevation.
(d) The storage or processing of materials that are, in time of flooding, flammable,
explosive, or potentially injurious to human, animal, or plant life is prohibited.
(e) Fill must be properly compacted and the slopes must be properly protected by the
use of riprap, vegetative cover or other acceptable method.
(f) All new principal structures must have vehicular access at or above an elevation
not more than two feet below the re ug latory flood protection elevation, or must have a
flood warning _ / emergency evacuation plan acceptable to the City Council.
(g) Accessory uses such as yards, railroad tracks, and parking lots may be at an
elevation lower than the regulatory flood protection elevation. However, any facilities
used by employees or the general must be designed with a flood warning system
that provides adequate time for evacuation if the area is inundated to a depth and velocity
such that the depth (in feet)multiplied by the velocity (in feet per second) would exceed a
product of four upon occurrence of the regional (1% chance,) flood.
(h) Interference with normal manufacturing/industrial plant operations must be
minimized, especially along streams having_ protracted flood durations. In considering
permit applications, due consideration must be given to the needs of industries with
operations that require a floodplain location.
(i) Flood fringe developments must not adversely affect the hydraulic capacity of the
channel and adjoining floodplain of any tributary watercourse or drainage system.
(i) Manufactured homes and recreational vehicles must meet the standards of &
1103.10 of this ordinance.
(3) Conditional uses. The following uses and activities may be allowed as conditional
uses, if allowed in the underlyingzoning oning district(s) or any applicable overlay district,
19 of 39
following the procedures in 1103.11 (4) of this chapter.
(a) Any structure that is not elevated on fill or floodproofed in accordance with §
1103.06 2)(a) oft is chapter.
(b) Storage off any material or equipment below the regulatory_ flood protection
elevation.
(c) The cumulative placement of more than 1,000 cubic yards of fill when the fill is
not being used to elevate a structure in accordance with § 1103.06 (2)(a) of this chapter.
(4) Standards for Flood Fringe conditional uses.
(a) The standards listed in § 1103.06 (2)(d) through (2 (j) apply to all conditional
uses.
(b) Basements, as defined by § 1103.03 of this chapter, are subject to the following_
1. Residential basement construction is not allowed below the re ug lato flood
protection elevation.
2. Non-residential basements may be allowed below the regulatory flood
protection elevation provided the basement is structurallyry floodproofed in accordance
with § 1103.06 (c) of this chapter.
(c) All areas of nonresidential structures, including basements, to be placed below
the regulatory flood protection elevation must be floodproofed in accordance with the
structurally dry floodproofing classifications in the State Building Code. Structurally dry
floodproofing must meet the FP-1 or FP-2 floodproofing classification in the State
Building Code, which requires making the structure watertight with the walls
substantially impermeable to the passage of water and with structural components
capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
Structures wet floodproofed to the FP-3 or FP-4 classification are not permitted.
(d) The placement of more than 1,000 cubic yards of fill or other similar material on
a parcel(other than for the purpose of elevating a structure to the regulatory flood
protection elevation) must comply with an approved erosion/sedimentation control plan.
1. The elan must clearlv snecifv methods to be used to stabilize the fill on site for
a flood event at a minimum of the regional _(1 % chance) flood event.
2. The plan must be prepared and certified by a registered professional engineer or
other qualified individual acceptable to the City Council.
3. The plan may i�rporate alternative procedures for removal of the material
from the floodplain if adequate flood warning time exists.
(e) Storage of materials and equipment below the re _ u�ry flood protection
elevation must comply with an approved emergency plan providing for removal of such
materials within the time available after a flood warning.
(f) Alternative elevation methods other than the use of fill may be utilized to elevate
20 of 39
a structure's lowest floor above the regulatory flood protection elevation. These
alternative methods may include the use of stilts, pilings, parallel walls, etc., or above -
grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an
enclosed area shall be considered above -grade and not a structure's basement or lowest
floor if: 1) the enclosed area is above -grade on at least one side of the structure; 2) it is
designed to internally flood and is constructed with flood resistant materials; and 3, it is
used solely for parking of vehicles, building access or storage. The above -noted
alternative elevation methods are subject to the following additional standards:
and Certification - The structure's design and as -built condition must be
certified by a registered professional engineer or architect as beingin n 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 re _ug latory 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, full
enclosed areas such as crawl spaces or tuck under garages must be designed to internally
flood and the design plans must stipulate:
a. The minimum area of openings in the walls where internal flooding is to be
used as a floodproofin technique. chnique. There shall be a minimum of two openings on at least
two sides of the structure and the bottom of all openings shall be no higher than one foot
above grade. The automatic openings shall have a minimum net area of not less than one
square inch for every square foot of enclosed area subject to flooding unless a re isg tered
professional engineer or architect certifies that a smaller net area would suffice. The
automatic openings may be with screens, louvers, valves, or other coverings or
devices provided that they permit the automatic entry and exit of flood waters without
any form of human intervention; and
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.
§ 1103.07 GENERAL FLOODPLAIN DISTRICT (GF).
(1) Permitted uses.
(a) The uses listed in § 1103.05 (1) of this chapter, Floodway District Permitted
Uses.
(b) All other uses are subject to the floodway/flood fringe evaluation criteria
specified in § 1103.07 (2) below. Section 1103.05 applies if the proposed use is
determined to be in the Floodway District. Section 1103.06 applies if the proposed use is
determined to be in the Flood Fringe District.
(2) Procedures for Floodway and Flood Fringe determinations.
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(a)Upon receipt of an application for a permit or other approval within the General
Floodplain District, the Zoning Administrator must obtain, review and reasonably utilize
any regional flood elevation and floodway data available from a federal, state, or other
source.
(b) If regional flood elevation and floodway data are not readily available, the
applicant must furnish additional information, as needed, to determine the regulato,ry
flood protection elevation and whether the proposed use would fall within the Floodway
or Flood Fringe District. Information must be consistent with accepted hydrological and
hydraulic en _ in�g standards and the standards in § 1103.07 (2)(c) below.
(c) The determination of floodway and flood fringe must include the following
components, as applicable:
1. Estimate the peak discharge of the regional (1 % chance,) flood.
2. Calculate the water surface profile of the regional flood based upon a hydraulic
analysis of the stream channel and overbank areas.
3. Compute the floodway necessary to convey or store the regional flood without
increasing flood stages more than one-half (0.5) foot. A lesser stage increase than 0.5
foot is required if, as a result of the stage increase, increased flood damages would result.
An equal degree of encroachment on both sides of the stream within the reach must be
assumed in computing floodway boundaries.
(d) The Zoning Administrator will review the submitted information and assess the
technical evaluation and the recommended Floodway and/or Flood Fringe District
boundary. The assessment must include the cumulative effects of previous floodway
encroachments. The Zoning Administrator may seek technical assistance from a
designated engineer or other expert person or agency, including the he Department of
Natural Resources. Based on this assessment, the Zoning Administrator may pprove or
den., t�pplication.
(e) Once the Floodway and Flood Fringe District boundaries have been determined,
the Zoning Administrator must process the permit application consistent with the
applicable provisions of § 1103.05 and 1103.06 of this chapter.
(3) Prohibited uses-. All other- uses or- stfuetufes not listed as pefmitted or- eofiditional
. . the Flood Plain Over -lay Dis4iet shall be prohibit
(4) Xeneq*miing uses. A structure or the ttse of a structure or premises which was
lawfit! before the passage or- amendment of the seetion biA w-hieh is not in eefifel:fflit
with the provisions of this seetion may be eentintied subjeet te the following e0fiditiefts.
(a) No use shall be expanded, changed, enlar-ged or altered in a way which increases
its floneofif0fMity.
of the stmeture shall exeeed (b) No stmetiir-al alteration or- addition to any noneonf4ming stmewr-e over- the life of its assessed vaitte at the time of its becoming -a
22 of 39
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4 1103.08 LAND DEVELOPMENT STANDARDS.
(1) In general. Recognizing that flood prone areas may exist outside of the designated
floodplain districts, the requirements of this section apply to all land within the City of
Lino Lakes.
(2) Subdivisions. No land may be subdivided which is unsuitable for reasons of
flooding or inadequate drainage, water supply or sewage treatment facilities.
Manufactured home parks and recreational vehicle parks or campgrounds are considered
subdivisions under this chanter.
(a) All lots within the floodplain districts must be able to contain a building site
outside of the Floodwav District at or above the regulatory flood protection elevation.
(b) All subdivisions must have road access both to the subdivision and to the
individual building sites no lower than two feet below the regulatory flood protection
elevation, unless a flood warning mergency plan for the safe evacuation of all vehicles
and people duringthe he regional (1 % chance) flood has been approved by the City Council.
The plan must be prepared by a registered engineer or other qualified individual, and
must demonstrate that adeauate time and personnel exist to carry out the evacuation.
(c) For all subdivisions in the floodplain, the Floodway and Flood Fringe District
boundaries, the re ug latory flood protection elevation and the required elevation of all
access roads must be clearly labeled on all required subdivision drawings and platting
documents.
(d) In the General Floodplain District, applicants must provide the information
required in 1103.07 (2) of this chapter to determine the regional flood elevation, the
Floodway and Flood Fringe District boundaries and the regulatory flood protection
elevation for the subdivision site.
(e) If a subdivision proposal or other proposed new development is in a flood prone
area, any such proposal must be reviewed to assure that:
1. All such proposals are consistent with the need to minimize flood damage
within the flood prone area,
2. All public utilities and facilities, such as sewer, ,gas, electrical, and water
systems are located and constructed to minimize or eliminate flood damage,
3. Adequate drainage is provided to reduce exposure of flood hazard.
(3) Building sites. If a proposed building site is in a flood prone area, all new
construction and substantial improvements (including the placement of manufactured
homes)must be:
(a) Designed (or modified)and adequately anchored to prevent floatation, collapse,
or lateral movement of the structure resultingfrom om h. dynamic and hydrostatic loads,
including the effects of buo anM
27 of 39
(b) Constructed with materials and utility equipment resistant to flood damage;
(c) Constructed by methods and practices that minimize flood damage; and
(d) Constructed with electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities that are designed and/or located so as to prevent
water from entering or accumulating within the components during conditions of
flooding.
No land shall be subdivided which is held unsuitable by the City of Lino Lakes for the
reason of fleeding, inadequate dr-ainage,,water- supply or- sewage treatment faeilitie'..
(1) BHik4ing site. All lots within the Flood Plain 4ver-lay Distr-iet shall eent
building site at or- above the regulatory flood proteetien elevation.
(2) Water and sewage dkpes-aljaeili6es7 read aeeags. All subdivisions shall hav-e
water- and sewage disposal faeilities that eomply with the provisions of this ehapter- an
have road access both to the subdivision and to the individual building sites no lower- th
the elevation of the 100 year- regional flood.
(3) Removal efspeeialfleed hazard area des��afien. The Feder -a! Emergency
hazard area designation for- eet4ain stfuettifes pr-oper-ly elevated on fill above the 100 ye
flood elevation. FDMA's r-eVifements ineor-por-ate speeifie fill eom-paetion a -Rd side slope
pr-oteetion standards for- m-ulti stfuettir-e or- multi lot developmen4s. These stand
flood hazard area designation will be requested.
1103.09 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES.
(1) Building site. All public utilities and facilities such as ,gas, electrical, sewer, and
water supply systems to be located in the floodplain must be floodproofed in accordance
with the State Building Code or elevated to the regulatory flood protection elevation.
(2) Public transportation facilities. Railroad tracks, roads, and bridges to be located
within the floodplain must comply with § 1103.05 and 1103.06 of this chapter. These
transportation facilities must be elevated to the re ug latory flood protection elevation
where failure or interruption of these facilities would result in danger to the public health
or safety or where such facilities are essential to the orderly functioning of the area.
Minor or auxiliary roads or railroads may be constructed at a lower elevation where
failure or interruption of transportation services would not endanger the public health or
safety.
(3) On -site water supply and sewage treatment systems. Where public utilities are not
provided: 1) On -site water supply systems must be designed to minimize or eliminate
infiltration of flood waters into the systems; and 2) New or replacement on -site sewage
treatment systems must be designed to minimize or eliminate infiltration of flood waters
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into the systems and discharges from the systems into flood waters and they must not be
subject to impairment or contamination during times of flooding. Any sewage treatment
system designed in accordance with the state's current statewide standards for on -site
sewage treatment systems is considered to be in compliance with this Section.
§ 1103.09-10 MANUFACTURED HOME PARKSS, MANUFACTURED HOMES,
RECREATIONAL VEHICLE PARKS, AND RECREATIONAL /T-RAVEL
TRAILERS AND TRAVEL VEHICLES.
(1) Manufactured home parks. —+4—New manufactured home parks and expansions
to existing manufactured home parks shall be subject to the provisions plaeea
subdivisions by § are prohibited in any floodplain district. For existing
manufactured home parks or lots of record, the following requirements apply:
(2) Manufactured homes. The pPlacement for replacement manufactured home
units are prohibited in the Floodway District.s in existing mal+afaetufed home parks or- e
indivi&al lots of r-eeor-d that are loeated in a Flood Plain Over -lay Distr-iet will be tfea4e
this ehapter-. if vehiettlar- read aeeess for- pr-e existing ma+mfaetur-ed home parks is not.
provided in accor-danee with § jj9j.M(2), then replaeement manufactured homes will
not be allowed until the pr-opet4y owner-(s) develops a flood wafning emer-geney p
meeptable to the City Couneil.
(a) If allowed in the Flood Fringe District, placement or replacement of
manufactured home units is subject to the requirements of § 1103.06 of this chapter and
the following standards.
1. New and replacement manufactured homes must be elevated in compliance with
1103.06 of this chapter and
(3) All Y,-,a+mf et-t re 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 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.
2. New or replacement manufactured homes in existing manufactured home parks
must meet the vehicular access requirements for subdivisions in § 1103.08 (4)(b).
(3) Recreational vehicle parks and campgrounds. New recreational vehicle parks or
campgrounds and expansions to existing recreational vehicle parks or campgrounds are
prohibited in any floodplain district. Placement of recreational vehicles in existing
recreational vehicle parks or campgrounds in the floodplain must meet the exemption
criteria below or be treated as new structures meetingthe he requirements of . 11
(4)(b) in this chapter.
(4) Recreational vehicles.
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(a) Recreational vehicles are exempt from the provisions of this chapter if they are
placed in any of the following areas and meet the criteria listed in § 1103.10 (4)(12):
1. Individual lots or parcels of record.
2. Existing commercial recreational vehicle parks or campgrounds.
3. Existing condominium -type associations.
(b) Criteria for Exempt Recreational Vehicles:
1. The vehicle must have a current license required for highway use.
2. The vehicle must be highway ready, meaning on wheels or the internal jacking
system, attached to the site only by quick disconnect type utilities commonly used in
campgrounds and recreational vehicle parks.
3. No permanent structural type additions may be attached to the vehicle.
4. The vehicle and associated use must be permissible in any_pre-existing_,
underling zoning district.
5. Accessory structures are not permitted within the Floodway District. Any
accessory structure in the Flood Fringe District must be constructed of flood -resistant
materials and be securely anchored, meetingthe he requirements applicable to manufactured
homes in § 1103.10 (4)(b).
6. An accessory structure must constitute a minimal investment.
LILZI
WIN MM
IMPIPM
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3. Existing condominium type associations.
(c)
Recreational vehicles that are exempted in § 1103.10 41Ub div ,��,v lose this
exemption when development occurs on the pareehsite that exceedsexcee ing dollars a
minimal investment for ^ stfuetufal addition to the *rave' *r-aile tr-
accessory structures such as a garage or storage building. The tfav^' ' ailerA -ave
recreational vehicle and all additions and -accessory structures will then be treated as a
new structuresandshall be subject to the elevation and flood -proofing requirements and
the use of land r-estf etions ^ eei4e,l f of § 1103.06 of this chapter. No development or
improvement on the parcel or attachment to the recreational vehicle is allowed that would
hinder the removal of the vehicle should floodin _ og ccur.
subdivisions and eendeminium asseeiations and the expansion of any existing sifflilaf- t1se
exeeeding five ,nitsor- dwelling sites shall be s b jeet to the following,
regionalfill above the r-eg-dla4ory flood pr-oteetion elevation and proper- elevated read aeeess to the
site exists in meer-da-nee with § 1j93-.M(2). No fill plaeed in the Flood Plain Over -lay
Dist-r-iet to meet the r-equir-ements of this seetion shall iner-ease fleed stages of the
flood,
of division (4)(d)l. above > as an altemative,
be allowed as a eonditional use if i
aeeordance with the following. id the provisions of §149j.Q6(2) of this
a. The applieant must submit an emer-geney plan for- the safe evaettation o
vehieles and people during the i 00 year- flood. The plan shall be prepared by a r-egistere
- . er- or- other- qualified individual and shall demenstr-ate that adequate time
b. All attendant sewage and water- faeilities for the new or- replaeement t
trailers or- other- r-eer-eational vehieles must be pr-oteeted or- eenstfueted so as to a
1103.11 ADMINISTRATION.
(1) Zoning Administrator. The Zoning Administrator must administer and enforce this
chapter.
- (2) Permit requirements.
(a) Permit required. A permit must be obtained from the Zoning Administrator
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prior to conducting the following activities, in the floodplain:
1. The erection, addition, modification, rehabilitation, or alteration of any building,
structure or portion thereof. Normal maintenance and repair also requires a permit if
such work, separately or in conjunction with other planned work, constitutes a substantial
improvement as defined in this chapter.
2. The use or change of use of a building, structure or land.
3. The construction of a dam, fence, or on -site septic system, although a permit is
not required for a farm fence as defined by this chapter.
4. The change or extension of a nonconforming use.
5. The repair of a structure that has been damaged by flood, fire, tornado, or any
other source.
6. The placement of fill, excavation of materials or the storage of materials or
equipment within the floodplain.
7. Relocation or alteration of a watercourse, including new or replacement culverts
and bridges, unless a public waters work permit has been applied for.
8. Any other type of "development" as defined in this chapter.
(b) Application for permit. Permit applications must be submitted to the Zoning
Administrator on forms provided by the Zoning Administrator. The permit application
must include the following as applicable:
1. A site plan showing all pertinent dimensions, elevations, existing or proposed
buildings, structures, and significant natural features having an influence on the permit.
2. Location of fill or storage of materials in relation to the stream channel.
3. Copies of any required municipal, county, state or federal permits or approvals.
4. Other relevant information requested by the Zoning Administrator as necessary
to properly evaluate the permit application.
(c) Certificate ofzonine compliance for new, altered, or nonconforming use. No
building, land or structure may be occupied or used in any manner until a certificate of
zoning compliance has been issued by the Zoning Administrator stating that the use of
the building or land conforms to the requirements of this chapter.
(d) Certification. The applicant is required to submit certification by a re isg tered
professional engineer, registered architect or registered land surveyor that the finished fill
and building elevations were accomplished in compliance with the provisions of this
chapter. Floodproofing measures must be certified by a registered professional en_ig neer
or registered architect.
(e) Record o irst floor elevation. The Zoning Administrator shall maintain a record
of the elevation of the lowest floor (including basement) of all new structures and
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alterations or additions to existing structures in the floodplain. The Zoning Administrator
must also maintain a record of the elevations to which structures and alterations or
additions to structures are floodproofed.
(1) Notification for watercourse alterations. Before authorizing any alteration or
relocation of a river or stream, the Zoning Administrator must notify adjacent
communities. If the applicant has applied for a permit to work in public waters pursuant
to the Minnesota Statues, Section 103G.245, this will suffice as adequate notice. A copy
of the notification must also be submitted to the Chicago Regional Office of the Federal
Emergency Management Agency (FEMA).
(g)Notification to FEMA when physical changes increase or decrease base flood
elevations. As soon as practicable, but not later than six months after the date such
supporting information becomes available, the Zoning Administrator must notify the
Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant
technical or scientific data.
(3) Variances. An application for a variance to the provisions of this chapter will be
processed and reviewed in accordance with applicable state statutes and Chapter 1007,
Zoning
(a) Adherence to state flood
plain management standards. A variance must not
allow a use that is not allowed in that district, permit a lower degree of flood protection
than the regulatory _ flood protection elevation for the particular area, or permit standards
lower than those required by state law.
(b) Additional variance criteria. The following additional variance criteria of the
Federal Emergency Management Agency must be satisfied:
1. Variances must not be issued by a community within any designated regulatorX
floodway if any increase in flood levels during the base flood discharge would result.
2. Variances may only be issued by a community Lapon (i) a showing of good and
sufficient cause, (ii) a determination that failure to grant the variance would result in
exceptional hardship to the applicant, and (iii) a determination that the granting of a
variance will not result in increased flood heights, additional threats to public safetL
extraordinary public expense, create nuisances, cause fraud on or victimization of the
public, or conflict with existing local laws or ordinances.
3. Variances may only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(c) Flood insurance notice. The Zoning Administrator must notify the applicant
for a variance that: 1) The issuance of a variance to construct a structure below the base
flood level will result in increased premium rates for flood insurance up to amounts as
high as $25 for $100 of insurance coverage; and 2) Such construction below the base or
regional flood level increases risks to life and property. Such notification must be
maintained with a record of all variance actions.
(d) Factors used in decision making. In passing upon conditional use applications,
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the City Council must consider all relevant factors specified in other sections of this
chapter and those factors identified in § 1103.11(5) of this chapter.
(f) Submittal of hearing notices to the Department of Natural Resources (DNR
The Zoning Administrator must submit hearing notices for proposed variances to the
DNR sufficiently in advance to provide at least ten days' notice of the hearing
notice may be sent by electronic mail or U.S. Mail to the respective DNR area
hydrologist
(2) Submittal o�final decisions to the DNR. A copy of all decisions granting
variances must be forwarded to the DNR within ten days of such action. The notice may
be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
(h) Record -keeping. The Zoning Administrator must maintain a record of all
variance actions, including jjustification for their issuance, and must report such variances
in an annual or biennial report to the Administrator of the National Flood Insurance
Program, when requested by the Federal Emergency Management Agency_
(4) Conditional uses.
(a) Application. An application for a conditional use permit under the provisions of
this chapter will be processed and reviewed in accordance with Chapter 1007, Zoning, in
addition to the following supplemental information:
1. Determination otflood hazards.
a. Upon receipt of an application for a conditional use permit for a use within the
Flood Plain Overlay District where the re _ u�y flood protection elevation is unknown,
the applicant shall be required to furnish the following information as is deemed
necessary by the Zoning Administrator for the determination of the regulatory flood
protection elevation:
i. A typical cross section showing the channel of the stream, elevation of land
areas adjoining each side of the channel, cross -sectional areas to be occupied by the
proposed development and high water information;
ii. Plan (surface view) showing elevations or contours of the ground, pertinent
structures, fill or storage elevations; size, location and spatial arrangement of all proposed
and existing structures on the site, location and elevation of streets, photographs showing
existing land uses and vegetation upstream and downstream; and soil type; and
iii. 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.
b. One copy of the above information shall be transmitted to a designated
engineer or other expert person or agency for technical assistance in determining whether
the proposed use adversely affects the capacity of the flood plain and to determine the
regulatory __ flood protection elevation. Procedures consistent with Minnesota Regulations
NR 86-87 shall be followed in this expert evaluation. The designated engineer or expert
shall:
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i. Estimate the peak discharge of the regional flood;
ii. Calculate the water surface profile of the regional flood based upon a
hydraulic analysis of the stream channel and overbank areas; and
iii. Compute the area necessary to convey the regional flood without increasing
flood stages more than 0.5 feet. An equal degree of encroachment on both sides of the
stream within the reach shall be assumed in computing the area of the regional flood.
c. Based upon the technical evaluation of the designated engineer or expert, the
City Council shall determine whether the proposed use adversely affects the capacity of
the flood plain or the regional flood protection elevation at the site.
(b) Factors used in decision making. In passing upon conditional use applications,
the City Council must consider all relevant factors specified in other sections of this
chapter and those factors identified in § 1103.11(5) of this chapter
(c) Conditions attached to conditional use hermits. The Citv Council may attach
such conditions to the granting of the conditional use permits as it deems necessary to
fulfill the purpose of this chapter. These conditions may include, but are not limited to,
the following:
1. Modification of waste treatment and water supply facilities;
2. Limitations on period of use, occupancy and operation;
3. Imposition of operations, controls, sureties and deed restrictions;
4. Requirements of construction of channel modifications, compensatory storage,
dikes, levees and other protective measures; and
5. Flood -proofing measures, in accordance with the State Building Code and this
chapter. The applicant must submit a plan or document certified b.� iscg tered
professional engineer or architect that the flood -proofing measures are consistent with the
regulatory flood protection elevation, the Lino Lakes local water management plan and
associated flood factors for the particular area.
(d) Submittal of Hearing Notices to the Department of Natural Resources (DNR
The Zoning Administrator must submit hearing notices for proposed conditional uses to
the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The
notice may be sent by electronic mail or U.S. Mail to the respective DNR area
hydrologist
(e) Submittal of Final Decisions to the DNR. A copy of all decisions granting
conditional uses must be forwarded to the DNR within ten days of such action. The
notice may be sent by electronic mail or U.S. Mail to the respective DNR area
hydrologist.
(5) General considerations. The community may consider the following factors in
granting variances and imposing conditions on variances and conditional uses in
floodplains:
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1. The potential danger to life and property due to increased flood heights or
velocities caused by encroachments;
2. The danger that materials may be swept onto other lands or downstream to the
injury of others;
3. The proposed water supply and sanitation systems, if any, and the ability of
these systems to minimize the potential for disease, contamination and unsanitary
conditions;
4. The susceptibility of any proposed use and its contents to flood damage and the
effect of such damage on the individual owner;
5. The importance of the services to be provided by the proposed use to the
community;
6. The requirements of the facility for a waterfront location;
7. The availability of viable alternative locations for the proposed use that are not
subject to flooding;
8. The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future;
9. The relationship of the proposed use to the Comprehensive Land Use 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;
11. The expected heights, velocity, duration, rate of rise and sediment transport of
the flood waters expected at the site.
§ 1103.12 NONCONFORMITIES.
(1) Continuance of nonconformities. A use, structure, or occupancy of land which
was lawful before the passage or amendment of this chapter but which is not in
conformity with the provisions of this section may be continued subject to the following
conditions. Historic structures, as identified in § 1103.03 of this chapter, are subject to
the provisions of § 1103.11 (1 )(a) through ( below.
(a) A nonconforming use, structure, or occupancy must not be expanded, changed,
enlarged or altered in a way that increases its flood damage potential or degree of
obstruction to flood flows except as provided in (b) below. Expansion or enlargement of
uses, structures or occupancies within the Floodway District is prohibited.
(b) Any addition or structural alteration to a nonconforming structure or
nonconforming use that would result in increasing its flood damage potential must be
protected to the regulatory flood protection elevation in accordance with an,, of the
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elevation on fill or floodproofin techniques chniques (i.e., FP-1 through FP-4 floodproofing
classifications) allowable in the State Building Code, except as further restricted in (c)
and (g) below.
(c) If the cost of all previous and proposed alterations and additions exceeds 50% of
the market value of the nonconforming structure, then the entire structure must meet the
standards of 1103.05 or 1103.06 of this chapter for new structures depending upon
whether the structure is in the Floodway or Flood Fringe District, respectively. The cost
of all structural alterations and additions must include all costs such as construction
materials and a reasonable cost placed on all manpower or labor.
(d) If any nonconforming use, or any use of a nonconforming structure, is
discontinued for more than one year, any future use of the premises must conform to this
chapter. The Assessor must notify the Zoning Administrator in writing of instances of
nonconformities which have been discontinued for a period of more than one vear.
(e) If any nonconformity is substantially damaged, as defined in �. 1103.03 of this
chapter, it may not be reconstructed except in conformity with the provisions of this
chapter. The applicable provisions for establishing new uses or new structures in
1103.05 or 1103.06 will apply depending upon whether the use or structure is in the
Floodwav or Flood Fringe. respectively.
(1) If any nonconforming use or structure experiences a repetitive loss, as defined in
$ 1103.03 of this chapter, it must not be reconstructed except in conformity with the
provisions of this chanter.
(g) Any substantial improvement, as defined in 1103.03 of this chapter, to a
nonconforming structure requires that the existing structure and any additions must meet
the requirements of 1103.05 or 1103.06 of this chapter for new structures, depending
upon whether the structure is in the Floodway or Flood Fringe District.
1103.13 PENALTIES AND ENFORCEMENT.
(1) Violation constitutes a misdemeanor. Violation of the provisions of this chapter
or failure to comply with any of its requirements (including violations of conditions and
safeguards established in connection with grants of variances or conditional uses)
constitute a misdemeanor and will be punishable as defined by law.
(2) Other lawful action. Nothing in this chapter restricts the City of Lino Lakes from
such taking other lawful action as is necessaroprevent or remedy any violation. If the
responsible party does not appropriatelypond to the Zoning Administrator within the
specified period of time, each additional day that lapses shall constitute an additional
violation of this chapter and shall be prosecuted accordingly.
(3) Enforcement. In responding to a suspected ordinance violation, the Zoning
Administrator and City of Lino Lakes 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 reauest to the National Flood Insurance
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Program for denial of flood insurance availability to the guilty Party. The City must act in
good faith to enforce these official controls and to correct ordinance violations to the
extent possible so as not to .jeopardize its eli ig bility in the National Flood Insurance
Pro-rg am.
(a) When a violation is either discovered by or brought to the attention of the Zoning
Administrator, the Zoning Administrator shall immediately investigate the situation and
document the nature and extent of the violation of the official control. As soon as is
reasonably possible, this information will be submitted to the appropriate State
Department of Natural Resources and Federal Emergency Management Agency regional
office along with the citv's elan of action to correct the violation to the degree possible.
(b) The Zoning Administrator shall notify the suspected party of the requirements of
this chapter and all other official controls and the nature and extent of the suspected
violation of these controls. If the structure and/or use is under construction or
development, the Zoning Administrator may order the construction or development
immediately halted until a proper permit or approval is ,granted by the 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 and after -the -fact permit/development
approval within a specified period of time not to exceed 30 dam
1103.14 AMENDMENTS.
(1) Flood
plain designation — restrictions on removal. The flood plain designation on
the official flood plain map must not be removed from floodplain areas unless it can be
shown that the designation is in error or that the area has been filled to or above the
elevation of the re ug latory flood protection elevation and is contiguous to lands outside
the floodplain. Special exceptions to this rule may be permitted by the Commissioner of
the Department of Natural Resources (DNR) if the Commissioner determines that,
through other measures, lands are adequately_ protected for the intended use.
(2) Amendments require DNR approval. All amendments to this chapter must be
submitted to and approved by the Commissioner of the Department of Natural Resources
prior to adoption. The Commissioner must approve the amendment prior to community
approval.
(3) Map revisions require ordinance amendments. The floodplain district regulations
must be amended to incorporate any revisions by the Federal Emergency Management
Agency to the floodplain maps adopted in § 1103.02 (3) of this chapter.
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EFFECTIVE DATE: This ordinance shall be in full force and effect from and after its
passage and approval and publication, as required by law and/or charter.
Adopted by the Lino Lakes City Council this day of , 2015.
The motion for the adoption of the foregoing ordinance was introduced by Council
Member and was duly seconded by Council Member and
upon vote being taken thereon, the following voted in favor thereof:
The following voted against same:
ATTEST:
Julianne Bartell, City Clerk
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Jeff Reinert, Mayor