HomeMy WebLinkAbout2010-04-20 PC Packet
AGENDA
MAPLEWOOD PLANNING COMMISSION
Tuesday, April 20, 2010
7:00 PM
City Hall Council Chambers
1830 County Road BEast
1. Call to Order
2. Roll Call
3. Approval of Agenda
4. Approval of Minutes: (March 16, 2010 and April 6, 2010 are unavailable-computer problems)
5. Public Hearings
a. 7:00 pm: Rezoning of the Bailey Nursery Property Located East of Sterling Street South,
Adjacent to the Cities of Woodbury and Newport from F (farm residential) to MU (mixed use).
b. 7:15 pm: Rezoning of 1400, 1420 and 1440 Sterling Street South from R1 (single dwelling
residential) to R-1 R (rural conservation dwelling district).
c. 7:30 pm: Rezoning of the Lots Fronting on Dorland Road, Heights Avenue and Overlook
Circle from R1 (single dwelling residential) to RE30 (residential estate 30).
d. 7:45 pm: Rezoning the Two Large Lots Lying between Carver Avenue and Fish Creek, west
of 1-494 from F (farm residential) to R-1 R (rural conservation dwelling district).
6. New Business
a. Flood Plain Ordinance Amendment
b. 2010 Summer Tour
7. Unfinished Business
8. Visitor Presentations
9. Commission Presentations
a. Commissioner Report: Commissioner Trippler attended the April 12, 2010 city council
meeting. The council reviewed: 1.) CUP/PUD Ordinance Amendment-second reading, 2.)
R1 R Ordinance Amendment-second reading, 3.) Rezoning of property to MU west of the
Maplewood Community Center, 4.) Rezoning of properly SW of County Road C and Highway
61 to R3.
b. Upcoming City Council Meeting of April 26, 2010: Commissioner Desai is scheduled to
attend. Anticipated items for review are: 1.) Rezoning of property at 2095 Prosperity Avenue
from M1 (light manufacturing) to R2 (double dwelling residential), and 2.) Conditional Use
Permit Revision for Feed Products North Office Addition Proposal.
10. Staff Presentations
a. Wetland Ordinance In-Service Training-Presentation by Shann Finwall, Environmental
Planner
11. Adjournment
MEMORANDUM
TO:
FROM:
. James Antonen, City Manager
Michael Martin, AICP, Planner
DuWayne Konewko, Community Development and Parks Director
Consider the Rezoning of the Bailey Nurseries properties
from F (farm residential) to MU (mixed use)
East of Sterling Street South, adjacent to the cities of Woodbury
and Newport
Simple Majority Required for Approval
April 12, 2010
SUBJECT:
LOCATION:
VOTE REQUIRED:
DATE:
INTRODUCTION
On January 25, 2010, the city council adopted the 2030 Comprehensive Plan. This is
the update of the city's comprehensive land use plan required of all metro area cities
every ten years. By approving this plan, the city council reestablished the long-range
land use guide for the city. State law requires that the city now revise our zoning map
and zoning ordinance controls to be in conformance with the newly approved land use
classifications throughout the city.
The city has nine months (by October 25,2010) to make all necessary zoning map and
zoning ordinance changes to coincide with the land use policies and land use maps in
the approved 2030 Comprehensive Plan.
Proposal
One such rezoning would be for the two Bailey Nurseries properties in the southeast
corner of the city, adjacent to the cities of Woodbury and Newport, from F (farm) to MU
(mixed use). Refer to the maps.
These two parcels have had been guided for mixed use by the new 2030
Comprehensive Plan. Because of this guide, the city now needs to rezone both parcels
toMU.
Request
Rezone the above described properties from F to MU.
BACKGROUND
On December 9, 2009, the Metropolitan Council gave final approval to the 2030
Comprehensive Plan.
On January 25, 2010, the city council adopted the 2030 Comprehensive Plan.
DISCUSSION
Statutory Requirement
Section 473.865 subdivision 3 of the Minnesota State Statutes requires that cities amend
their official zoning controls within nine months of adopting the revised comprehensive
land use plan. As stated above, the city council has until October 25,2010 to amend all
applicable zoning maps and zoning ordinances.
Why the Proposed Revision to Mixed Use (MU)?
During the city council's review of the 2030 Comprehensive Plan update, the city council
guided all residential properties south of Carver Avenue as rural low density residential.
The two non-residential lots are the Bailey Nurseries parcels. The city council guided
these two parcels mixed use largely because of Woodbury's comprehensive plan, which
guides land to the east for commercial type uses. Additional development is likely to
come from the east as Woodbury continues to grow. Mixed use is also a way to buffer
the rural residential neighborhood to the west from the more intense uses in Woodbury.
Mixed use would be a way to provide additional housing choices and commercial options
in the southern leg of the city.
Property Tax Impact
Residents have asked what would happen to their property taxes if their zoning
changed. The Ramsey County Tax Assessor's office stated that:
"Zoning has no affect on property tax. Tax classifications are based on the current use
of the property, not on the zoning. The tax classification, along with the market value is
used to calculate taxes. If the current use is continued, the tax classification will not
change. So, zoning changes will not affect taxes."
Conclusion
State statute requires that the city revise the zoning map to MU to match the newly
adopted mixed use classification on the comprehensive plan. Therefore, staff is
recommending the city council revise the zoning map accordingly.
RECOMMENDATION
Approve the rezoning of the Bailey Nurseries properties located in the southeast corner
of the city from F (farm) to MU (mixed use). This rezoning is based on Minnesota
Statute 473.865 subdivision 3, which requires the city to bring the zoning of these
properties into conformance with the adopted comprehensive land use plan
classification.
2
REFERENCE
SITE DESCRIPTION
Site Size: 78 acres (two parcels combined)
Existing Uses: Commercial nurseries
SURROUNDING LAND USES
North: Single dwellings
South: City of Newport and additional Bailey Nurseries property
East: City of Woodbury and additional Bailey Nurseries property
West: Single dwellings
PLANNING
Land Use Plan Designation: Mixed Use
Zoning: F-existing; MU-proposed
p:Compplanlzoning follow-up to 2030 Plan\rezoning to Mixed Use_Baileys_PC_042010
Attachments:
1. Location/Aerial Map
2. Land Use Map
3. Zoning Map
4. Rezoning Resolution
3
Attachment 1
2030 Comprehensive Plan - Zoning Follow Up
Bailey Nurseries
t
Figure One - Location Map
City of Maplewood
April 12, 2010
NORTH
~
Q) ~
t; Q)
<( 9~
CD'-" -:: 0
a.~ Q)<(
~Oa.~
~~Jea.
::JQ)"CJB
a. => .=
~ -
__~o:::>
1'2 d 0 .-..
L() ::J T""" Lci ~
. 0 N.9
o. .....
- <0 T""" ~
(ij I c6 T""" (1)
:+:::(0"""""'00-
a5 N .~ 0 Jg
""C"-'c-,c
I 'w C<l ()) C<l =>
4'11~ (I) +=> :g :g
"" Cl::Ct/lQ)C!
..... ~ ~ Q) :2 C;;
""', ~ "m a::: (/)
..... c: (l) >. (J)
_ ())oc'lijCl::C!
a::: O>-c';::'~- ~ ~
+-< ,n._ <u C
.- ;;: '-t/l 0- t/l Q).- Q) Iii
o crne-Ec CtS
L.. -,5iEQ)=>())~c,g t5 "'
Q)~.o:JO"OE(f)Q;:::S cl....'"8
ca~:';:;.c:. Q) E:J >;t:::~ ())2o
'->......C>x ...""" -..c<=>
~ :::s 0 (1) ._ .- 0 ""C 0 U) m a. ~ "'" 0:
t:.. Cl::-,:;;;J::;;;UcClEo..O>.8~
,~ ~D.IIIIIIID'!~II~:,~i
...." llill II _ _ ::'-'i,:'., Z ~
~~ ~
~'-J ~
~~~
~Q I
E "'. ~
Q"" 8
I
c..
CO
::?E
0)
U)
::J
"'C
c:
as
....J
~
:3
.....
:3
LL
Attachment 2
~
;:)
V)
0::
.,.-;:)f:
'*t:zCl::
<(rill
willo..
..v:=!O
1..L.<(Cl::
<( (!l 0..
I-'
V)
<.9
z
::J
Cl::
ill
l-
V)
0
~
~
o/l
No
'*t:N
<(;!
wa
0::0
<(;! 0
0
~
o
z~
Attachment 3
OJ
"'0 0
"-0
0 0
N "
0> Cl ~ '"
" t: r:: 5' ~
(l "' 'c ~
'" "- ~ .~
~ 1:::J2 r:: .... ~
IJ) 0) '"
'" 0 ~ ~
I;; 0.:2 Qi' ~ ~ ~
"' e -a en N ~ IJ)
~o 0.",::1 ~ ~ ai
,.,"''0 Cl 0) .l!1 ;;:
'" ~ t/l
'" 0 '" r:: 0
:= g- X W
'" .- :;::::; Q) .!!1 0
lD~E 6 C<l 0
o.~ III 0)
:;::; t: 0
";< S <:: U5 ~
.!!1 ())
W 0) E "Cl rn
<:: ~ '00 ~
U5 '" Q) :J
u.. Cl:: Cl:: 0
0
I "'
z~
0
o
o
Attachment 4
REZONING RESOLUTION
WHEREAS, the City of Maplewood city staff proposed a change to the city's
zoning map from F (Farm) to MU (mixed use);
WHEREAS, this zoning map change applies to the Bailey Nurseries properties
located in the southeast corner of the city. The property identification numbers
identifying the affected properties are:
PIN 24-28-22-41-0001; PIN 24-28-22-44-0001
WHEREAS, On January 25,2010, the city council adopted the 2030
Comprehensive Plan that reclassified the land use plan for the above referenced
properties to Mixed Use.
WHEREAS, Section 473.865 subdivision 3 of the Minnesota State Statutes
requires that cities amend their official zoning map within nine months of their adopting
their revised comprehensive land use plan to match the new land use classification.
WHEREAS, the history of this change is as follows:
1. On April 20, 2010, the planning commission held a public hearing to
consider this rezoning. The city staff published a hearing notice in the
Maplewood Review and sent notices to the surrounding property owners.
The planning commission gave everyone at the hearing a chance to
speak and present written statements prior to their recommendation.
2. On , 2010, the city council discussed the proposed zoning map
change. They considered reports and recommendations from the
planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the
above-described change in the zoning map based on Minnesota Statute 473.865
subdivision 3, which requires the city to bring the zoning of these properties into
conformance with the adopted comprehensive land use plan classification.
The Maplewood City Council
this resolution on
,2010.
4
MEMORANDUM
SUBJECT:
'. James Antonen, City Manager
Michael Martin, AICP, Planner
DuWayne Konewko, Community Development and Parks Director
Consider the Rezoning ofthe three lots located at 1400, 1420
and 1440 Sterling Street South from R1 (single dwelling) to R-
1R (rural conservation dwelling residence)
South of Carver Avenue on Sterling Street South
Simple Majority Required for Approval
April 12, 2010
TO:
FROM:
LOCATION:
VOTE REQUIRED:
DATE:
INTRODUCTION
On January 25, 2010, the city council adopted the 2030 Comprehensive Plan. This is
the update of the city's comprehensive land use plan required of all metro area cities
every ten years. By approving this plan, the city council reestablished the long-range
land use guide for the city. State law requires that the city now revise our zoning map
and zoning ordinance controls to be in conformance with the newly approved land use
classifications throughout the city.
The city has nine months (by October 25,2010) to make all necessary zoning map and
zoning ordinance changes to coincide with the land use policies and land use maps in
the approved 2030 Comprehensive Plan.
Proposal
One such rezoning would be for the properties located on the east side of Sterling Street
South at 1400,1420, and 1440 from R1 (single dwelling) to R-1R (rural conservation
dwelling residence). Refer to the maps.
These three parcels have had been guided for rural low density residential by the new
2030 Comprehensive Plan. Because of this guide, the city now needs to rezone all
three parcels to R-1 R.
Request
Rezone the above described properties from R1 to R-1 R.
BACKGROUND
On December 9, 2009, the Metropolitan Council gave final approval to the 2030
Comprehensive Plan.
On January 25,2010, the city council adopted the 2030 Comprehensive Plan.
DISCUSSION
Statutory Requirement
Section 473.865 subdivision 3 of the Minnesota State Statutes requires that cities amend
their official zoning controls within nine months of adopting the revised comprehensive
land use plan. As stated above, the city council has until October 25, 2010 to amend all
applicable zoning maps and zoning ordinances.
Why the Proposed Revision to Rural Conservation Dwelling Residence (R-1 R)?
During the city council's review of the 2030 Comprehensive Plan update, the city council
guided all residential properties south of Carver Avenue as rural low density residential.
The residents of this area were firm throughout the comprehensive plan update process
in their desire to keep density low and to keep the rural flavor currently existing in that
neighborhood intact. The city council agreed and reguided these properties to rural low
density residential. The rural low density residential category guides the land for a net
density between 0.5 and 1.5 units per acre. The R-1 R was amended to serve as the
primary zoning district for the rural low density residential designation. The base
entitlement under the R-1 R is a minimum two-acre lot size. The minimum lot size can be
reduced by accomplishing conservation principles. The maximum density cannot
exceed 1.5 units per net acre.
Staff did not see it fit to utilize an RE (residential estate) zoning district for these three
parcels because they are large enough to be considered for future development and are
adjacent to other larger parcels that could also see future development. Furthermore,
the R-1 R is the zoning district for the majority of parcels near these three and its makes
sense to keep zoning consistent.
Property Tax Impact
Residents commonly ask what would happen to their property taxes if their zoning
changed. The Ramsey County Tax Assessor's office stated that:
"Zoning has no affect on property tax. Tax classifications are based on the current use
of the property, not on the zoning. The tax classification, along with the market value is
used to calculate taxes. If the current use is continued, the tax classification will not
change. So, zoning changes will not affect taxes."
Conclusion
State statute requires that the city revise the zoning map to R-1 R to match the newly
adopted rural low density residential classification on the comprehensive plan.
Therefore, staff is recommending the city council revise the zoning map accordingly.
2
RECOMMENDATION
Approve the rezoning of 1400, 1420 and 1440 Sterling Street South, from R1 (single-
dwelling residential) to R-1R (rural conservation dwelling residence). This rezoning is
based on Minnesota Statute 473.865 subdivision 3, which requires the city to bring the
zoning of these properties into conformance with the adopted comprehensive land use
plan classification.
3
REFERENCE
SITE DESCRIPTION
Site Size: 5.1 acres (total of the three parcels)
Existing Uses: Single-family dwellings
SURROUNDING LAND USES
North: Fish Creek County Open Space
South: Single-family dwellings
East: Fish Creek County Open Space
West: Single-family dwellings
PLANNING
Land Use Plan Designation: Rural Low Density Residential
Zoning: R1-existing; R-1R-proposed
p:Compplanlzoning follow-up to 2030 Plan\rezoning to R1Sterling_PC_042010
Attachments:
1. Location/Aerial Map
2. Land Use Map
3. Zoning Map
4. Rezoning Resolution
4
Attachment 1
2030 Comprehensive Plan - Zoning Follow Up
1400,1420 and 1440
Sterling Avenue
t
Figure One - Location Map
City of Maplewood
April 12, 2010
NORTH
....... ...... '..
~~ ~
~'-J ~
~~i
~Q ~
E fII\.. ~
Q"" 0
I
c..
cu
:E
c:u
fI)
:::)
"'C
c:
as
....J
!
:::s
+oJ
:::s
u..
~
~ ~
(,) ~
4: Odl
.... <(-
Q)-l-A
a. ~ (\) .':?
(hOQ.(u
;t:::4:(/Ja.
c: L.. :!:
:::><DC.!B
lO a. => '2
~J!!o::>
I~O~(i)
Lq-JT"""LOl-
00 N~
::::-0::: l-
<<S I ~ T""" 8-
~~(ij~~
<l)C\I.--..--
I -o-"-c 'c
iI" o~ o~ ~ ~ ::>
'" O::ffi:6<D~
C)~:QCl::~'"
'w t/l .,.. Q) ,
"'C 5i & =ti. oc c!
,.., o~c~S:e-";i "E Q)
~ 3::!:OQ)owcu\U Q)lti (.)
oWe en o~ E C C<l
s... .....l~EcJ)::>Q):Ec~ c% lh
"'.. ~ 0 ~ 0 -0 E (/) ID:::s c: L.. '"8
\Lf ~ s::.ci..c: Q) E:J >~~ Q) 20c
~ ::J 0 (1.) ,2>.~ 0 "U 0 (/) <<J c.. ~ 1: 0
t:.. Cl::-,:;;;J::;;;UEClEo..O>.8~
m I0lDllllfI1llllS!1I' Ei~
() lliiJ [IiJ. lliiJ '. ~ ~
Attachment 2
~
::J
(j)
Cl::
...-::J~
:f.j:ZCl::
<(rw
Wwa..
"",:::!O
I.L.<(O::
<(mil..
,
i-'
(j)
<.9
z
::J
Cl::
LU
I-
(j)
0
~
~
O/l
~~
<(;!
We
0::0
<(;! 0
0
q
~
o
z....;;(
Attachment 3
0> W
c:
'c "'0 0
0 "-0 "
N 0
'2 N '"
"' Cl '"
.!!! .Q r:: 5' ~
" 1:: 10 ~ .~
Cl '" 0- ... ~
~ <>-a: 1: r:: ()) .!. <(
o~ '" 0 ~ ~ ~
a.cr: ~ ~ ~ c:
~ N ~ Q)
~ '0 0 ~ ~ 0
! a:"'u Cl OJ C<l :;::;
~ '"
","'- r:: ~ t/l 1:
'" 0 C1l W
L... a. ~ :;::::; a; Q) 0
..ceo::: ;;: C<l '" 0
f- <>-~ 1/1 :;::; c: 0_
0;;: 0 S c 0 ~
Q) Q) ()
W "5l E "Cl rn
c: ~ '00 ~
i:ii '" Q) :J
LL Cl:: Cl:: 0
0
D I '"
z~
0
o
Attachment 4
REZONING RESOLUTION
WHEREAS, the City of Maplewood city staff proposed a change to the city's
zoning map from R1 (single dwelling) to R-1R (rural conservation dwelling residence);
WHEREAS, this zoning map change applies to 1400, 1420, and 1440 Sterling
Street South. The property identification numbers identifying the affected properties are:
PIN 24-28-22-13-0007; PIN 24-28-22-13-0005; PIN 24-28-22-13-0006
WHEREAS, On January 25,2010, the city council adopted the 2030
Comprehensive Plan that reclassified the land use plan for the above referenced
properties to Rural Low Density Residential.
WHEREAS, Section 473.865 subdivision 3 of the Minnesota State Statutes
requires that cities amend their official zoning map within nine months of their adopting
their revised comprehensive land use plan to match the new land use classification.
WHEREAS, the history of this change is as follows:
1. On April 20, 2010, the planning commission held a public hearing to
consider this rezoning. The city staff published a hearing notice in the
Maplewood Review and sent notices to the surrounding property owners.
The planning commission gave everyone at the hearing a chance to
speak and present written statements prior to their recommendation.
2. On , 2010, the city council discussed the proposed zoning map
change. They considered reports and recommendations from the
planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the
above-described change in the zoning map based on Minnesota Statute 473.865
subdivision 3, which requires the city to bring the zoning of these properties into
conformance with the adopted comprehensive land use plan classification.
The Maplewood City Council
this resolution on
,2010.
5
MEMORANDUM
TO:
FROM:
SUBJECT:
'. James Antonen, City Manager
Michael Martin, AICP, Planner
DuWayne Konewko, Community Development and Parks Director
Consider the Rezoning of the single family dwellings fronting
Dorland Road, Heights Avenue and Overlook Circle from R1
(single dwelling) to RE30 (residential estate 30)
South of Carver Avenue, west of 1-494
Simple Majority Required for Approval
April 12, 2010
LOCATION:
VOTE REQUIRED:
DATE:
INTRODUCTION
On January 25, 2010, the city council adopted the 2030 Comprehensive Plan. This is
the update of the city's comprehensive land use plan required of all metro area cities
every ten years. By approving this plan, the city council reestablished the long-range
land use guide for the city. State law requires that the city now revise our zoning map
and zoning ordinance controls to be in conformance with the newly approved land use
classifications throughout the city.
The city has nine months (by October 25, 2010) to make all necessary zoning map and
zoning ordinance changes to coincide with the land use policies and land use maps in
the approved 2030 Comprehensive Plan.
Proposal
One such rezoning would be for the 25 single dwellings located along Dorland Road,
Heights Avenue and Overlook Circle from R1 (single dwelling) to RE30(residential
estate 30). Refer to the maps.
These 25 parcels have had been guided for rural low density residential by the new 2030
Comprehensive Plan. Because of this guide, the city now needs to rezone all 25 parcels
to a zoning district that is consistent with the comprehensive plan. The challenge in this
proposal is the neighborhood is already developed at a density that is higher than what
the comprehensive plan would allow for future, new development. Given this reality staff
is recommending rezoning these parcels to RE30 since this zoning district best matches
the intent of the 2030 Comprehensive Plan and the existing development of this
neighborhood.
Request
Rezone the above described properties from R1 to RE30.
BACKGROUND
On December 9, 2009, the Metropolitan Council gave final approval to the 2030
Comprehensive Plan.
On January 25, 2010, the city council adopted the 2030 Comprehensive Plan.
DISCUSSION
Statutory Requirement
Section 473.865 subdivision 3 of the Minnesota State Statutes requires that cities amend
their official zoning controls within nine months of adopting the revised comprehensive
land use plan. As stated above, the city council has until October 25, 2010 to amend all
applicable zoning maps and zoning ordinances.
Why the Proposed Revision to Residential Estate 30 (RE30)?
During the city council's review of the 2030 Comprehensive Plan update, the city council
gUided all residential properties south of Carver Avenue as rural low density residential.
The residents of this area were firm throughout the comprehensive plan update process
in their desire to keep density low and to keep the rural flavor currently existing in that
neighborhood intact. The city council agreed and reguided these properties to rural low
density residential. The rural low density residential category guides the land for a net
density between 0.5 and 1.5 units per acre.
This area of south Maplewood is already developed and none of the existing 25 lots
would be candidates for further subdivision. The lots range in size of 11,761 square feet
to 22,651 square feet. State statute requires zoning to match the comprehensive plan.
The RE30 district is the closest zoning district that would both match the comprehensive
plan and the current character of the existing neighborhood. The city also has a RE20
(residential estate 20) district but this zoning would be too dense to meet the 0.5 to 1.5
units per acre standard. The RE20 zoning would equate to a density of 2.1 units per
acre where the RE30 zoning district equates t01.4 units per acre. RE30 is within the 0.5
to 1.5 units per acre range the comprehensive plan requires. Furthermore, the R-1 R
(rural conservation dwelling residence) would not be a good fit since this is a developed
neighborhood with no options of further subdivision.
The minimum lot size in the RE30 district is 30,000 square feet. However, Section 44-
154(e) of the city code deems any buildable lot prior to rezoning is to continue to be
buildable. This is important because all 25 lots would continue to be legal, conforming
lots. If a property owner wanted to tear down a home and build a new one, the RE30
zoning district would allow this. Staff also feels this zoning district is appropriate for this
development because it allows for the same amount of garage and accessory building
square footage as the R1 zoning district, which is the current zoning.
The only difference is the RE30 district requires a minimum rear and side yard setback
of 20 feet for accessory buildings as opposed to the R1 district requirement of a five-foot
setback. All of the parcels would be able to meet the 20 feet setback for new accessory
buildings. In addition, property owners would be able to request an administrative
variance to go closer than 20 feet, which staff can approve. If staff receives a large
2
number of administrative variance requests and feels there is a larger issue with the 20-
foot setback, an amendment to the RE30 district could be considered.
Property Tax Impact
Residents have asked what would happen to their property taxes if their zoning
changed. The Ramsey County Tax Assessor's office stated that:
"Zoning has no affect on properly tax. Tax classifications are based on the current use
of the property, not on the zoning. The tax classification, along with the market value is
used to calculate taxes. If the current use is continued, the tax classification will not
change. So, zoning changes will not affect taxes."
Conclusion
State statute requires that the city revise the zoning map to RE30 to match the newly
adopted rural low density residential classification on the comprehensive plan.
Therefore, staff is recommending the city council revise the zoning map accordingly.
RECOMMENDATION
Approve the rezoning of the single family dwellings fronting Dorland Road, Heights
Avenue and Overlook Circle from R1 (single dwelling) to RE30 (residential estate 30).
This rezoning is based on Minnesota Statute 473.865 subdivision 3, which requires the
city to bring the zoning of these properties into conformance with the adopted
comprehensive land use plan classification.
3
REFERENCE
SITE DESCRIPTION
Site Size: 25 parcels ranging from 0.27 acres to 0.52 acres in size
Existing Uses: Single-family dwellings
SURROUNDING LAND USES
North: Single dwellings
South: Creek County Open Space
East: Single dwellings and vacant land
West: Single dwellings and Fish Creek County Open Space
PLANNING
Land Use Plan Designation: Rural Low Density Residential
Zoning: R1-existing; RE30-proposed
p:Compplanlzoning follow-up to 2030 Planlrezoning to RE30_Dorland_PC_042010
Attachments:
1. Location/Aerial Map
2. Land Use Map
3. Zoning Map
4. Rezoning Resolution
4
Attachment 1
2030 Comprehensive Plan - Zoning Follow Up
Dorland Road, Heights Avenue and
Overlook Circle neighborhood
t
Figure One - Location Map
City of Maplewood
April 12, 2010
NORTH
i;l h
~Q ~
~~~
~ ~ ~g)
~C ~
E~ ~
0..
m
:E
Q)
w
::>
"C
c:
m
....J
e!
.a
:::I
u..
".::'.'._T. ,',..
. .' -. ......
-_._---'---_.._,~._.
--i-------
Attachment 2
'"
:J
Z
'"
~
'"
'"
51
(J
~
(\) ~
~ Gl
9. '-.-
-.. UGl
0;.-<( t
c..~Ci3<(
j!l ~ 0.. CD
.2..... $ c..
::> Q) ot:: ~
10 a. => .-
. t/l C
__:t::::o::::J
I COo(j)
l!)::::JT"""a.ri"-
60 I N ~
::=<O~ I .....
.~ I ~-r: ~
cc.o-a
(l)N'~ ~~
"0-..... ......
.__erne
8J~~;::l
Cl:: c'- co
I ",,())lll~.....:
",,":g Cl:: 'w <')
"'C ~:B.;::.(\)'
Gl Cl:: 'w Cl:: C!
o O>,s:::.2';-~_..... Q)
O ;;:'lij~'WGl.1l1 ~Iii U
;: oc ctJJ~-Eg ~"f/)
-'GlE())::::l(\).ll1c:;:; Cf) '0
:::::.o::sO-oEJ:::;'-:::I L,..O
J:: ~ ~ ~..c Q) E ~ ~ ~ ~ ffi 2~ ~
..... ::s 0 0> .2>.~ o"U 0 (/J co a. ~o~
_, Cl:: -' :;;; I :;;; U E Cl C !l.. 0 >.0",
:;: rnDl1llllit~ Illrnl~i
..... lill ~~ lli&I-,~~
UJ
>
<(
(f)
I-w
I-,
~U
WCl::
I-
. 0
6~
Cl::O
('i)00
:tI:z-'
<(::iff]
WCl::>
0::00
<(Oo/l
~
ID
o
"'
o
<"i
o
z-<
Attachment 3
0> W
" "0
'c LLO 0
0 0 0
N N N
2' Cl '"
en ro !: 5' '2
"a- .- '<t ~ a.
.-CO') l/} !: 6 <(
twW W
0 ~ ~
~o::m ~ ~ "
o .- N ..':::. W 0
~-oc ~
Q.W" Cl Cl ro ""
"''0 ~ ~ C<l
'" c
0:: 8."w !: LU
",0" .- ~ Q) 0
N Ci~ .... ro t/l 0
III "" c 0
';( 0 S " 0
~ Q) ()
W E '0
Cl 'iij Cii
" ~ ~
i:ii C<l Q) :J
LL Cl:: Cl:: 0
0
D I '"
Z~
0
a
Attachment 4
REZONING RESOLUTION
WHEREAS, the City of Maplewood city staff proposed a change to the city's
zoning map from R1 (single dwelling) to RE30 (residential estate 30);
WHEREAS, this zoning map change applies to the 25 single dwellings located
along Dorland Road, Heights Avenue and Overlook Circle. The property identification
numbers identifying the affected properties are:
PIN 24-28-22-23-0028; PIN 24-28-22-23-0034; PIN 24-28-22-23-0035;
PIN 24-28-22-23-0031; PIN 24-28-22-23-0016; PIN 24-28-22-23-0038;
PIN 24-28-22-23-0030; PIN 24-28-22-23-0036; PIN 24-28-22-23-0037;
PIN 24-28-22-23-0014; PIN 24-28-22-23-0015; PIN 24-28-22-23-0032;
PIN 24-28-22-23-0033; PIN 24-28-22-23-0029; PIN 24-28-22-23-0017;
PIN 24-28-22-23-0023, PIN 24-28-22-23-0020, PIN 24-28-22-23-0022;
PIN 24-28-22-23-0021; PIN 24-28-22-23-0039; PIN 24-28-22-23-0040;
PIN 24-28-22-23-0025; PIN 24-28-22-23-0027; PIN 24-28-22-23-0024;
PIN 24-28-22-23-0026;
WHEREAS, On January 25,2010, the city council adopted the 2030
Comprehensive Plan that reclassified the land use plan for the above referenced
properties to Rural Low Density Residential.
WHEREAS, Section 473.865 subdivision 3 of the Minnesota State Statutes
requires that cities amend their official zoning map within nine months of their adopting
their revised comprehensive land use plan to match the new land use classification.
WHEREAS, the history of this change is as follows:
1. On April 20, 2010, the planning commission held a public hearing to
consider this rezoning. The city staff published a hearing notice in the
Maplewood Review and sent notices to the surrounding property owners.
The planning commission gave everyone at the hearing a chance to
speak and present written statements prior to their recommendation.
2. On , 2010, the city council discussed the proposed zoning map
change. They considered reports and recommendations from the
planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the
above-described change in the zoning map based on Minnesota Statute 473.865
subdivision 3, which requires the city to bring the zoning of these properties into
conformance with the adopted comprehensive land use plan classification.
The Maplewood City Council
this resolution on
,2010.
5
MEMORANDUM
SUBJECT:
'. James Antonen, City Manager
Michael Martin, AICP, Planner
DuWayne Konewko, Community Development and Parks Director
Consider the Rezoning of the two large lots lying between
Carver Avenue and Fish Creek, west of 1-494 from F (farm
residential) to R-1 R (rural conservation dwelling district)
South of Carver Avenue
Simple Majority Required for Approval
April 12, 2010
TO:
FROM:
LOCATION:
VOTE REQUIRED:
DATE:
INTRODUCTION
On January 25, 2010, the city council adopted the 2030 Comprehensive Plan. This is
the update of the city's comprehensive land use plan required of all metro area cities
every ten years. By approving this plan, the city council reestablished the long-range
land use guide for the city. State law requires that the city now revise our zoning map
and zoning ordinance controls to be in conformance with the newly approved land use
classifications throughout the city.
The city has nine months (by October 25, 2010) to make all necessary zoning map and
zoning ordinance changes to coincide with the land use policies and land use maps in
the approved 2030 Comprehensive Plan.
Proposal
One such rezoning would be for the two large lots lying between Carver Avenue and
Fish Creek, west of 1-494 from F (farm) to R-1 R (rural conservation dwelling residence).
Refer to the maps.
These two parcels have had been guided for rural low density residential by the new
2030 Comprehensive Plan. Because of this guide, the city now needs to rezone the two
parcels to R-1 R.
Request
Rezone the above described properties from F to R-1 R.
BACKGROUND
On December 9, 2009, the Metropolitan Council gave final approval to the 2030
Comprehensive Plan:
On January 25, 2010, the city council adopted the 2030 Comprehensive Plan.
DISCUSSION
Statutory Requirement
Section 473.865 subdivision 3 of the Minnesota State Statutes requires that cities amend
their official zoning controls within nine months of adopting the revised comprehensive
land use plan. As stated above, the city council has until October 25,2010 to amend all
applicable zoning maps and zoning ordinances.
Why the Proposed Revision to Rural Conservation Dwelling Residence (R-1 R)?
During the city council's review of the 2030 Comprehensive Plan update, the city council
guided all residential properties south of Carver Avenue as rural low density residential.
The residents of this area were firm throughout the comprehensive plan update process
in their desire to keep density low and to keep the rural flavor currently existing in that
neighborhood intact. The city council agreed and reguided these properties to rural low
density residential. The rural low density residential category guides the land for a net
density between 0.5 and 1.5 units per acre. The R-1 R was amended to serve as the
primary zoning district for the rural low density residential designation. The base
entitlement under the R-1R is a minimum two-acre lot size. The minimum lot size can be
reduced by accomplishing several conservation principles. The maximum density
cannot exceed 1.5 units per net acre.
In February 2009, all properties zoned F, south of Carver Avenue had been rezoned to
R-1 R. Rezoning did not affect these two parcels because there were part of a
settlement between the city and a developer, which allowed for additional development.
Since last winter, the properties entered foreclosure and the development corporation,
who had the agreement with the city, now ceases to exist. This means the city is now
able to rezone the properties to match the 2030 Comprehensive Plan.
Property Tax Impact
Residents have asked what would happen to their property taxes if their zoning
changed. The Ramsey County Tax Assessor's office stated that:
"Zoning has no affect on property tax. Tax classifications are based on the current use
of the property, not on the zoning. The tax classification, along with the market value is
used to calculate taxes. If the current use is continued, the tax classification will not
change. So, zoning changes will not affect taxes."
2
Conclusion
State statute requires that the city revise the zoning map to R-1 R to match the newly
adopted rural low density residential classification on the comprehensive plan.
Therefore, staff is recommending the city council revise the zoning map accordingly.
RECOMMENDATION
Approve the rezoning of the two large lots lying between Carver Avenue and Fish Creek,
west of 1-494 from F (farm residential) to R-1R (rural conservation dwelling residence).
This rezoning is based on Minnesota Statute 473.865 subdivision 3, which requires the
city to bring the zoning of these properties into conformance with the adopted
comprehensive land use plan classification.
3
REFERENCE
SITE DESCRIPTION
Site Size: 20.98 acres (both parcels combined)
Existing Uses: Vacant land
SURROUNDING LAND USES
North: Single dwellings
South: Fish Creek and Ramsey County Open Space
East: Interstate 494
West: Single dwellings
PLANNING
Land Use Plan Designation: Rural Low Density Residential
Zoning: F-existing; R-1R-proposed
p:Compplanlzoning follow-up to 2030 Planlrezoning to R1 R_formerCoPar_PC_042010
Attachments:
1. Location/Aerial Map
2. Land Use Map
3. Zoning Map
4. Rezoning Resolution
4
Attachment 1
2030 Comprehensive Plan - Zoning Follow Up
Former CoPar
properties
t
Figure One - Location Map
City of Maplewood
April 12, 2010
NORTH
~ ~
~Q ~
~~~
~c ~
~~ ~
C-
m
:E
Q)
U)
::::>
"'C
c
m
...J
!!
.a
:::J
LL
",-.:,:."1'. ,',.. . ....
_ ....._. .,___..,__'--..:.....__.0.:..'_-.:
...,
Attachment 2
~
~ ~
9 ~.-.
.... U())
Gi-<( (:;
a.~Qi<(
(/)uo..lo....
:=: <( (f) IDa.
c....~
=> Q) 'c t/l
L() c... => ::::
. t/l C
__::::0::::>
I r:::oo(i)
L()::>T"""Lri"-
ci ~ I C\J ~
........<o~ I '-
(ij t e. T""" Q)
~co_oa.
Q) N .!!! ~ $l
"0 -+"" ......
.__ c m C
t/l C<l (\) ._ =>
Q) +:l ""0 +-'
Cl:: s:::'- co
I Q) :ll Q) .
~:2Cl::~C;;
"'C ~:ll.;::.Q)0'
Q) Cl:: 'w Cl:: .
o Cl~cZ:-~- -- m
O ;;:'moQ).w.,.!!! ailii U
0- Ct/lU-EC C<l .
~...... '-co 0 a. fI)
-'())E())=>(\)';:c'- (f) '0
:::=.o::sD"oE.....t/l'-'5 ,-0
_ '" .- "'E .,~ CQ)O
.... c:s:"'C..c X ::s > :+:; ~ Q) .......-E ~
pllft ::s 0 Q) .2>-- 0 -c 0 f/) co o..J2o~
_, Cl:: -' :;;; I :;;; U E Cl E 0.. 0 $"''';
:;: mDIJIIII~ii II.m."I..g,~
-'- LJ it i, ~I
'"
:J
:z
'"
:;(
'"
w
51
<l
u.J
>
<C
(f)
I-w
I-,
~()
WCl::
:c-
. ()
cl~
Cl::0
(')00
:j:j:;z-'
<(::iff]
WCl::>
0::00
<(Ooll
o
"'
o
....;
o
z-<
Attachment 3
ID 0
IDo
LLo ~
0
o_ N
('oj N
rn ~
c ~
'c 'C' <(
2 Cl 5' ~
'2 s::: '<t .!.
'" .- ~ ~
.!!! .2 s::: c
t: 1ii 0 ~ ID 0
ID ~
o.~ ~ N .t:- 1ii ~ 0
e....- Q) Cl ~ ~ 0
Ul
0.0:: ~ Cl ~ w ()) D_
E -0 0 s::: Qi Cii '"
IDU ~ C
ro",_ ;;: :;::; 0
LLoro tJ) 0 S c ()
o a.:; .- Q)
~ [Q; >< C1J E 'C Cii 0
W 0> 'w ~ 0
~ Q) :J '"
C '" Cl:: Cl::
i:i5 LL
D I Z-< 0
Q
Attachment 4
REZONING RESOLUTION
WHEREAS, the City of Maplewood city staff proposed a change to the city's
zoning map from F (Farm) to R-1 R (rural conservation dwelling residence);
WHEREAS, this zoning map change applies to the two large lots lying between
Carver Avenue and Fish Creek, west of 1-494. The property identification numbers
identifying the affected properties are:
PIN 24-28-22-24-0010; PIN 24-28-22-31-0017
WHEREAS, On January 25,2010, the city council adopted the 2030
Comprehensive Plan that reclassified the land use plan for the above referenced
properties to Rural Low Density Residential.
WHEREAS, Section 473.865 subdivision 3 of the Minnesota State Statutes
requires that cities amend their official zoning map within nine months of their adopting
their revised comprehensive land use plan to match the new land use classification.
WHEREAS, the history of this change is as follows:
1. On April 20, 2010, the planning commission held a public hearing to
consider this rezoning. The city staff published a hearing notice in the
Maplewood Review and sent notices to the surrounding property owners.
The planning commission gave everyone at the hearing a chance to
speak and present written statements prior to their recommendation.
2. On , 2010, the city council discussed the proposed zoning map
change. They considered reports and recommendations from the
planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the
above-described change in the zoning map based on Minnesota Statute 473.865
subdivision 3, which requires the city to bring the zoning of these properties into
conformance with the adopted comprehensive land use plan classification.
The Maplewood City Council
this resolution on
,2010.
5
MEMORANDUM
SUBJECT:
DATE:
Planning Commission
Shann Finwall, AICP, Environmental Planner
Steven Love, Assistant City Engineer
Jon Jarosch, Civil Engineer I
Flood Plain Overlay Ordinance Amendments
April 13, 2010 for the April 20 Planning Commission Meeting
TO:
FROM:
INTRODUCTION
The Federal Emergency Management Agency (FEMA) has advised the City of
Maplewood that we must adopt flood plain regulations compliant with 44 Code of
Federal Regulation, Section 60.3 by June 4, 2010. This date is also the effective date of
the new flood insurance rate map panels.
Maplewood's current flood plain ordinance was adopted in 1981. To aid in the ordinance
update, the Department of Natural Resources (DNR) has reviewed our current flood
plain ordinance and has recommended changes the city needs to make based on the
new FEMA regulations. These changes have been added to the attached ordinance
(Attachment 1).
BACKGROUND
In 1981, the city adopted a flood plain ordinance and flood plain maps based on FEMA
and DNR requirements.
In 2009, FEMA conducted a flood plain study of Ramsey County, updated the flood plain
maps, and made amendments to the Code of Federal Regulations. FEMA is requiring
that municipalities update their ordinances to comply with the new regulations and flood
insurance rate map panels by June 4, 2010, or be suspended from the flood insurance
program.
On March 24, 2010, the Environmental and Natural Resources (ENR) Commission
reviewed and recommended approval of the flood plain ordinance amendments.
DISCUSSION
Major Chanqes Proposed
The city's flood plain ordinance is required to comply with the rules and regulations of
the National Flood Insurance Program (codified as 44 Code of Federal Regulations
Parts 59-78). The ordinance adopts by reference the new flood insurance rate map
panels, which specify the flood plain districts within Ramsey County. Following is a
summary of the changes required to comply with the new regulations:
1. Adoption of new flood plain rate map panels. FEMA has just made the map data
and hard copies of the flood plain rate map panels available to the city. During
the planning commission meeting staff will supply a city-wide flood plain map
depicting the new data (but showing little detail), and hard copies of the larger
flood plain rate map panels.
Based on city staff's preliminary comparison of the new flood plain data to the
1981 maps, there are 146 properties in Maplewood that are now in a flood plain
and 169 properties that are now out of a flood plain. Part of the discrepancy is
due to the fact that the 1981 maps were not in digital format and were scanned
into the city's mapping system. The new maps are in digital format and are more
accurate. Regardless, staff is discussing this discrepancy with the Department of
Natural Resources and will update the commission on these discussions during
the meeting.
2. Definitions. In addition to new definitions required by FEMA, city staff is
recommending language be added to the Regulatory Flood Protection Elevation.
The definition will be revised to reflect the Ramsey-Washington Metro Watershed
District standards to flood protection elevation, which is no lower than two feet
(rather than one foot) above the elevation of the regional flood.
3. Change to permitted uses. The city's current ordinance describes a permitted
use as "any non-structural land use which does not obstruct flood flows, such as
gardens, fill, excavation, or storage of materials or equipment." The new
regulations change that description as follows: "Any use of land which does not
involve a structure, a fence, an addition to the outside dimensions to an existing
structure (including a fence) or an obstruction to flood flows such as fill,
excavation, or storage of materials or equipment."
4. New administration requirements. There are expanded permitting requirements
for properties in a flood plain, including obtaining a permit from the city prior to
the erection, addition, modification, and rehabilitation of a structure (including
normal maintenance and repair). Additionally, a permit is required prior to the
repair of a structure that has been damaged by flood, fire, tornado, or any other
source.
5. Variances. Additional variance criteria must be satisfied including no variance
approval by a city unless there is a showing of sufficient cause, failure to grant
the variance would result in a hardship, and granting the variance would not
result in increased flood heights.
6. Nonconformities. If a substantial improvement occurs to a nonconforming
property from any combination of a building addition to the outside dimensions of
the existing building or rehabilitation, reconstruction, alteration, or other
improvement to the inside dimensions of an existing nonconforming building,
then the building addition and the existing nonconforming building must meet the
requirements of the ordinance.
Placement of Ordinance in the Citv Code
The flood plain ordinance is currently located in the zoning chapter (Chapter 44) of the
city code. Over the past few years the ENR Commission has been reviewing and
making recommendations for amendments to several of the city's environmental
ordinances including tree protection, wetlands, and stormwater management. All of
2
these ordinances are located in the buildings and building regulation chapter (Chapter
12) of the city code.
The Maplewood city code is scheduled for recodification later this year. Recodification is
the process of officialjy adding newly adopted ordinances to the overall code and
ensuring the placement of new ordinances and their chapter and section numbers are
accurate. During the recodification process staff proposes to place all of the
environmental ordinances under the environment chapter (Chapter 18). In addition to
the tree protection, wetlands, and stormwater management ordinances, the flood plain
overlay district and shoreland overlay district ordinances will be moved to this section as
well. The proposed outline for the environment chapter is attached (Attachment 2).
RECOMMENDATION
Recommend approval of the attached flood plain overlay district ordinance amendments
(Attachment 1). The amendments to the flood plain ordinance are being made to meet
the new Federal Emergency Management Agency's flood regulations and to adopt the
2010 Ramsey County Flood Plain maps. The Planning Commission's recommendation
will go to the city council for a first and second reading of the ordinance.
Attachment:
1. Flood Plain Overlay District Ordinance (Amended)
2. Maplewood City Code Environment Chapter Outline
3
Attachment 1
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 44 (ZONING), ARTICLE VIII (FLOOD PLAIN
OVERLAY DISTRICT) .
The Maplewood city council approves the following changes to the Maplewood Code of
Ordinances:
This amendment revises portions of the city's zoning code (Chapter 44) dealing with the flood
plain overlay district (Sections 44-1191 through 44-1209). This amendment also moves this
section of the zoning code in its entirety to the Environment Chapter (Chapter 18) of the city
code.
Section i 44 1191. Authorization.
The state legislature has, in Minn. Stats. Chs. 103F and 462, delegated the authority to local
governmental units to adopt regulations designed to lessen flood losses. Minnesota Statute,
Chapter 1 03F further stipulates that communities subject to recurrent flooding must participate
and maintain eligibility in the National Flood Insurance Program. Therefore, the city has adopted
this ordinance.
Sec. ~ 44 1192. Purpose.
The purpose of this article is to lessen potential losses due to periodic flooding, including loss of
life, loss of property, health and safety hazards. Further, it is also to lessen the disruption of
commerce and governmental services, extraordinary public payments for flood protection and
relief, and impairment of the tax base. Within the meaning of the National Flood Insurance
Program, all of these adversely affect the public health, safety and general welfare.
Sec. ~ 44 1193. Liability.
This ordinance does not imply that areas outside the flood plain districts or land uses permitted
within such districts will be free from flooding or damages. This ordinance shall not create liability
on the part of the city or any officer or employee thereof for any flood damages that result from
reliance on this ordinance or any administrative decisions lawfully made under this ordinance.
Sec.!. 44 1194. Adoption offlood insurance rate map.
Flood Insurance Studv for Ramsey Countv. Minnesota (All Jurisdictions) and the Flood Insurance
Rate Map Panels therein numbered 27123C0038G. 27123C0039G. 27123C0041G,
27123C0042G. 27123C0043G. 27123C0044G. 27123C0065G, 27123C0101G, 27123C0102G,
27123C0110G. 27123C0117G. 27123C0119G. 27123C0130G. and 27123C0140G, all dated
June 4, 2010 and prepared by the Federal Emeraencv Manaaement Aaency (FEMA). are
hereby adopted bv reference as the Official Flood Plain Map and made a part of this ordinance.
The city hereby adopt!; the flood insumnce rate map for the city, dated , developed
by the Fedeml Emer.gency Management /'.gency. The city adopts thi!; map by reference as the
official flood plain zoning district map and makes it part of this ordinance.
1
Sec. ~ 44 1195. Applicability.
(a) This ordinance shall apply to all lands designated as flood plain within the city and is
adopted to comply with the rules and reoulations of the National Flood Insurance
Prooram codified as 44 Code of Federal Reoulations Parts 59 -78. as amended, so as to
maintain the city's elioibility in the National Flood Insurance Prooram.
(Ql Annexations. The Flood Insurance Rate Map panels adopted bv reference above may
include flood plain areas that lie outside of the corporate boundaries of the City of
Maplewood at the time of adoption of this ordinance. If any of these flood plain land
areas are annexed into the City of Maplewood after the date of adoption of this
ordinance, the newlv annexed flood plain lands shall be subiect to the provisions of this
ordinance immediately upon the date of annexation into the Citv of Maplewood.
ffl Abrooation and Greater Restrictions. It is not intended bv this ordinance to repeal.
abrooate, or impair any existino easements. covenants. or deed restrictions. However,
where this ordinance imposes oreater restrictions. the provisions of this ordinance shall
prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the
extent of the inconsistency only.
@ Severability. If any section, clause. provision. or portion of this ordinance is adiudoed
unconstitutional or invalid bv a court of competent iurisdiction. the remainder of this
ordinance shall not be affected thereby.
Sec. ~ 44 1196. Interpretation.
The director of community development shall determine the boundaries of the flood plain district
by scaling distances on the official flood plain zoning district map. Where there is a need for
interpretation about the exact location of the boundaries of the flood plain district, the director of
community development shall make the necessary interpretation based on the oround elevations
that existed on the site at the time the citv adopted its initial flood plain ordinance or the date of
the first National Flood Insurance Prooram map that placed the site in the flood plain if earlier.
The director shall make this interpretation based on the elevations of the regional (100-year) flood
profile, if available. If 1 OO-year flood elevations are not available, the city shall:
(a) Require a flood plain evaluation consistent with Sections 11..@}11 1201 (a) to determine a
1 OO-year flood elevation for the site; or
(b) Base its decision on available hydraulic/hydrologic or site elevation survey data.
Sec. L 411197. Definitions.
Unless specifically defined in this ordinance, the words or phrases used in this ordinance have the
same meaning as they have in common usage. A person shall interpret these words or phrases
to give this ordinance its most reasonable application. The following words, terms and phrases
when used in this ordinance, shall have the meanings ascribed to them in this ordinance, except
where the context clearly indicates a different meaning:
Accessory Use or Structure means a use or structure on the same lot with, and of a nature
customarilv incidental and subordinate to. the principal use or structure.
2
Basement means any area of a structure, including crawl spaces, having its floor or base
subgrade below ground level on all four sides. This is regardless of the depth of excavation below
ground level.
Director means the director of community development.
Flood fringe means that portion of the flood plain outside the floodway.
F/ood plain means the channel or beds proper and the areas adjoining a wetland, watercourse or
lake which a regional flood may have or could hereafter cover. Flood plain areas within the city
shall include all areas shown as Zone A or Zone AE on the flood insurance rate map.
Floodway means the bed of a wetland or lake and the channel of a watercourse and those
portions of the adjoining flood plain which the regional flood reasonably requires to carry or store
the regional flood discharge.
Lowest floor means the lowest floor of the lowest enclosed area (includinq basement).
Manufactured home means a structure. transportable in one or more sections, which is built on
a permanent chassis and is desiqned 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 means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection,
excavation, dredged spoil, channel modification, culvert, building, wire, fence, stockpile, refuse, fill,
structure, stockpile of sand or gravel or other material, or matter in, along, across or projecting into
any channel, watercourse, lake bed or regulatory flood plain which may impede, retard or change
the direction of flow in itself or by catching or collecting debris carried by floodwater.
Recreational vehicle means a vehicle that is built on a sinale chassis, is 400 square feet or less
when measured at the laraest proiection, is desianed to be self-propelled or permanently
towable by a liaht duty truck. and is desianed primarily not for use as a permanent dwellinq but
as temporarv Iivina quarters for recreational. campinq. travel. or seasonal use.
Regional flood means a flood which represents the large floods known to have occurred in
Minnesota. Such a flood is characteristic of what one can expect to occur on an average of every
100 years. Regional flood is synonymous with the term "base flood" used in the Flood Insurance
Rate Map.
Regulatory flood protection elevation means the elevation no lower than two feet GRe 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.
Structure means anything constructed or erected on the ground or attached to the ground or
on-site utilities. This includes, but is not limited to, buildings, factories, sheds, detached garages,
cabins, manufactured homes or recreational travel trailers/vehicles not meeting the exemption
criteria specified in Section 19(a)(1) 44 1209(3)(1) and other similar items.
3
Substantial damaae means damaae of anv oriain sustained by a structure where the cost of
restorina the structure prior to its damaaed condition would eaual or exceed fifty (50) percent of
the market value of the structure before the damaae occurred.
Substantial improvement means any consecutive 365-dav period. any reconstruction,
rehabilitation (includina normal maintenance and repair). repair after damaae, addition. or other
improvement of a structure, the cost of which eauals or exceeds fiftv (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 damaae." reaardless of the actual repair work
performed. The term does not. however, include either:
fill Any proiect for improvement of a structure to correct existina violations of state or local
health. sanitary, or safety code specifications which have been identified bv the local
code enforcement official and which are the minimum necessarv to assure safe livina
conditions.
M Any alteration of an "historic structure," provided that the alteration will not preclude the
structure's continued desianation as an "historic structure." For the purpose of this
ordinance. "historic structure" shall be as defined in 44 Code of Federal Reaulations.
Part 59.1.
Sec. !!.. 41 1198. Overlay zoning.
A flood plain zoning district shall be considered an overlay zoning district to all existing land use
regulations of the city. The city may allow the uses permitted in this ordinance sections :l€i 199
and :l€i 500 of this articlc only if they are allowed by the underlying zoning district. This ordinance
shall apply in addition to other city regulations and where this ordinance imposes greater
restrictions.
Sec. Jl44~. Compliance.
No person shall use a new structure or land without full compliance with this ordinance. No
person may locate, extend, convert, repair. maintain, or structurally alter a structure without full
compliance with this ordinance. Within the floodway and flood fringe, the city prohibits all uses not
listed as permitted uses in Sections 10 and 11 41 1200 and 41 1201. In addition, the following
regulations shall apply:
(a) New manufactured homes, replacement manufactured homes and certain travel trailers
and travcl recreational vehicles are subject to the general provisions of this ordinance and
specifically Sections 10. 11, and 1944 1200,14 1201 and 14 1209.
(b) The sections of this ordinance regulate changes, modifications, repair and maintenance.
additions, structural alterations or repair after damage to existing nonconforming structures
and nonconforming uses of structures or land.
(c) As stated in Section 1414 1201, a person shall use ground surveys to certify as-built
elevations for elevated structures.
4
Sec. 10 44 1200. Permitted uses and standards.
(a) Permitted Uses. The following uses of land are permitted uses in the flood plain district:
(1) /\ny non strucluralland uso which does not obstruct flood flows, such as gardens,
fill, excavation, or storage of matorials or equipment. Anv use of land which does
not involve a structure, a fence, an addition to the outside dimensions to an
existinQ structure (includinQ a fence) or an obstruction to flood flows such as fill,
excavation, or storaqe of materials or equipment..
(2) The following activities if they are entirely within the flood fringe:
a) The construction of new structures.
b) The placement or replacement of manufactured homes.
c) Additions to existing structures or obstructions, such as fill or storage of
materials or equipment.
The uses in subsections (a)(1) and (2) of this section shall be subject to the development
of standards in subsection (b) of this section. They are also subject to the flood plain
evaluation criteria in section 1111 1201.
(3) Travel traile~ and travel Recreational vehicles as regulated under Section ~ 44-
~
(b) Standards for flood plain permitted uses. Standards for flood plain permitted uses shall be
as follows:
(1) A person shall compact fill and protect the slopes from erosion by the appropriate
methods. Such methods include the use of containment dikes or levees, riprap,
vegetative cover or other acceptable method. FEMA has established criteria for
removing the special flood hazard area designation for certain structures properly
elevated on fill above the 1 OO-year flood elevation. FEMA's requirements have
specific fill compaction and side slope protection standards for multi-structure or
multi-lot developments. A person should investigate these standards before
starting site preparation if a person wishes to request a change of special flood
hazard area designation.
(2) Storage of materials and equipment shall be in accordance with the following:
a) The city prohibits the storage or processing of materials that are, in time of
flooding, flammable, explosive, or potentially harmful to human, animal, or
plant life.
b) The city may allow the storage of other materials or equipment if readily
removable from the area within the time available after a flood warning or if
placed on fill at or above the Regulatory Flood Protection Elevation.
5
(3) The city shall not permit uses or activities which will adversely affect the capacity of
the channels or floodways of any tributary to the main stream, or of any drainage
ditch, or any other drainage facility or system.
(4) No person shall construct a structure, including accessory structures, additions to
existing structures and manufactured homes on fill unless the lowest floor.
includino basement floor. basement floor, or first floor if theFO is no basement, is at
or above the Regulatory Flood Protection Elevation. The finished fill elevation
must be no lower than one (1) foot below the Regulatory Flood Protection
Elevation. The finished fill shall extend at such elevation at least fifteen (15) feet
beyond the limits of the structure constructed thereon.
(5) All uses. The city shall not permit uses that do not have vehicular access at or
above an elevation not more than two (2) feet below the Regulatory Flood
Protection Elevation to lands outside the flood plain. The city may permit such uses
if the city council grants a variance. In granting a variance, the city council shall
specify limitations on the period of use or occupancy of the use. The city council
must also determine that adequate flood warning time and local emergency
response and recovery procedures exist before granting such a variance.
(6) Commercial and manufacturing uses. Accessory land uses, such as yards,
railroad tracks, and parking lots may be at elevations lower than the Regulatory
Flood Protection Elevation. However, the city shall not grant a permit for such
facilities for use by the employees or the public without a flood warning system that
provides adequate time for evacuation if the area would be inundated in water to a
depth which poses sionificant hazard to individuals (to a depth and velocitv such
that when multiplvino the depth [in feet] times velocitv [in feet per second] the
product number exceeds four [41 upon occurrence of the reoional flood). FO!jional
flood would inundnte the area to a depth !jroater than two foet or subject the area
to flood 'Jelocities !jroater than four foet per second.
(7) On-site sewage treatment and water supply systems. Where the city has not
provided public utilities, then the owner shall conform to the following conditions:
a) A person shall design on-site water supply systems to lessen or eliminate
infiltration of flood waters into the systems; and
b) A person shall design new or replacement on-site sewage treatment
systems to lessen or eliminate infiltration of flood waters into the systems
and discharges from the systems into flood waters. Such systems shall not
be subject to impairment or contamination during times of flooding. The
city shall determine that any sewage treatment system designed according
to the State's standards to be in compliance with this ordinance.
(8) The owner of a manufactured home must securely anchor it 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 code requirements for resisting wind forces.
6
Sec. 1144 1201. Flood plain evaluation.
(a) Upon receipt of an application for a permit, manufactured home park development or
subdivision approval within the flood plain district, the director shall require the applicant to
furnish plans and hydrologic/hydraulic analysis by a qualified engineer or hydrologist
specifying the nature of the development. This analysis shall also show whether the
proposed use is located in the floodway or flood fringe and the Regulatory Flood
Protection Elevation for the site. The city engineer or hydrologist shall follow procedures
consistent with Minnesota Rules 1983 Parts 6120.5000 to 6120.6200 13120.51300
(Technic:l1 St:lnd:lrds :lnd Requirements For Floodpl:lin E'laluation) and e120.57QO
(Minimum Floodpl:lin Management St:lndm:cls for Loc:l1 Ordinances) and 44 Code of
Federal Requlations Part 65. These procedures are to be used during the technical
evaluation and review of the development proposal.
(b) The director shall submit a copy of all information required by subsection (a) of this section
to the Department of Natural Resource's area hydrologist. This is for the Department of
Natural Resource's review and comment. The director shall submit this information at
least twenty (20) days before the city grants a permit or manufactured home park
development/subdivision approval. The director shall notify the respective Department of
Natural Resources Area Hydrologist within ten (10) days after the city grants a permit or
approves a manufactured home park development/subdivision.
Sec. 12 44 1202. Utilities and transportation facilities.
All utilities and transportation facilities, including railroad tracks, roads and bridges, shall be
constructed according to state flood plain management standards contained in Minnesota Rules
1983 parts 6120.5000 through 6120.6200.
Sec. 13 H 1203. Subdivisions and manufactured homes.
(a) No person shall subdivide land or develop or expand a manufactured home park where
the city council has determined the site to be unsuitable. The city council shall make the
determination of unsuitability based on flooding or inadequate drainage, water supply or
sewage treatment facilities. The city council shall review the subdivision/development
proposal. This review is to insure that each lot or parcel contains enough area outside the
floodway for fill placement for elevating structures, sewage systems and related activities.
(b) In the flood plain district, applicants for subdivision approval or development of a
manufactured home park or manufactured home park expansion shall provide the
information required in Section 11(a) 41 1201 (1). The director shall review the proposed
subdivision or manufactured home park development in according to the standards
established in this ordinance.
(c) The applicant for a subdivision in the flood plain shall clearly label the Floodway and Flood
Fringe boundaries on all required application documents and drawings. The applicant
shall also show the Regulatory Flood Protection Elevation and the required elevation of all
access roads and streets on all required application drawings and documents.
(d) Removal of Special Flood Hazard Area Designation. FEMA has established criteria for
removing the special flood hazard area designation for certain structures properly elevated
on fill above the 1 OO-year flood elevation. FEMA's requirements include specific fill
7
compaction and side slope protection standards for multi-structure or multi-lot
developments. A person should investigate these standards if they are requesting a
change to the special flood hazard area before the initiation of site preparation.
Sec. 1444 1204. Administration.
(a) Permit required. A person shall secure a permit issued by the city before doing any of the
following:
(1) the construction, addition, modification. rehabilitation (includinq normal
maintenance and repair), or alteration of any building or structure.
m prior to the construction of a dam. fence, or on-site septic svstem.
(3) changing the use of a building, structure, or land.
(4) changing, extending or enlarging a nonconforming use.
(5) prior to the repair of a structure that has been damaged by flood, fire, tornado, or
any other source.
(6) excavating or placing an obstruction within the flood plain.
(b) State and federal permits. Before granting a city permit or processing an application for a
variance, the city shall determine that the applicant has obtained all necessary state and
federal permits.
(c) Certification of lowest floor elevations. The city shall require the applicant to submit
certification by a registered professional engineer, registered architect, or registered land
surveyor about accomplishing the finished fill and building elevations in compliance with
this ordinance. The building official shall maintain a record of the elevation of the lowest
floor (including basement) for all new structures. The building official shall also maintain a
record of lowest floor elevations for alterations or additions to existing structures in the
flood plain district.
@ Notifications for watercourse alterations. The director shall notifv. in riverine situations,
adiacent communities and the Department of Natural Resources prior to the city
authorizinq anv alteration or relocation of a watercourse. If the applicant has applied for a
permit to work in the beds of public waters pursuant to Minnesota Statute. Chapter 103G,
this shall suffice as adequate notice to the Department of Natural Resources. A COpy of
said notification shall also be submitted to the Chicaqo Regional Office of FEMA.
@l. Notification to FEMA when phvsical chanqes increase or decrease the 1 OO-year flood
elevation. As soon as is practicable. but not later than six (6) months after the date. such
supportinq information becomes available. the director shall notifv the Chicaqo Reqional
Office of FEMA of the changes bv submittinq a copv of said technical or scientific data.
Sec. 15 44 1205. Variances.
(a) A variance means a change to a specific permitted development standard required in an
official control including this ordinance. This change is to allow an alternative development
8
standard not stated as acceptable in the official control, but only as applied to a particular
property. This is to lessen a hardship, practical difficulty or unique circumstance.
(b) In granting a variance, the city council shall clearly identify in writing the specific conditions
that existed justified the granting of the variance.
(c) The city council may approve variances from this ordinance. To do so, the city council
makes the findings required for a variance in state law. No variance shall allow a use
prohibited in that district or permit a lower degree of flood protection than the Regulatory
Flood Protection Elevation. A person may use a variance to change permissible methods
of flood protection.
{Ql The followinq additional FEMA variance criteria must be satisfied:
ill Variances shall not be issued by a citv within anv desiqnated requlatorv floodway if
any increase in flood levels durinq the base flood discharqe would result.
ill Variances shall only be issued bv a city upon:
a) a showinq of qood and sufficient cause;
b) a determination that failure to qrant the variance would result in exceptional
hardship to the applicant: and
c) a determination that the qrantinq of a variance will not result in increased
flood heiqhts. additional threats to public safetv. extraordinarv public
expense. create nuisances. cause fraud on or victimization of the public, or
conflict with existinq local laws or ordinances.
.@l Variances shall only be issued upon a determination that the variance is the
minimum necessarv, considerinq the flood hazard, to afford relief.
(e) The director shall submit by mail to the Department of Natural Resources a copy of the
application for proposed variance. The director shall mail such notice at least ten (10)
days before the hearing. The director shall send a copy of all decisions granting a
variance by mail to the Department of Natural Resources within ten (10) days of such
action.
(f) Flood insurance notice and record keeping. The director shall let the applicant for a
variance know 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 $1 00 of insurance coverage; and
(2) Such construction below the 1 OO-year or regional flood level increases risks to life
and property. The city shall maintain such notification with a record of all variance
actions. The city shall maintain a record of all variance actions, including
justification for their issuance. The city shall also report such variances issued in
its annual or biennial report submitted to the administrator of the National Flood
Insurance Program.
9
Sec. 16 441206. Nonconformities.
A person may continue to use a structure or premises which was lawful before the passage or
amendment of this ordinance but is not in conformity with this ordinance. Uses are subject to the
following conditions (excePt for historic structures. as defined in Section 7. which shall be subiect
to items (a) throuqh (d) as outlined below onlv):
(a) No person may expand, change, enlarge, or alter a nonconforming use in a way which
increases its nonconformity.
(b) Afl structural alteration within the inside dimensions of a nonconforming use or structure
(interior alteration) is permissible provided it utilizes flood resistant materials so as not to
result in increasino the flood damaqe potential of that use or structure. This is allowed
only if it will not result in increasing the flood damage potential of that use or structure.
i9 A structural addition to a structure must be elevated to the requlatorv flood protection
elevation in accordance with this ordinance. This is allowed on Iv if it will not result in
increasino the flood damaqe potential of that use or structure.
@ {G} The cost of all structural alterations or additions both inside and outside a structure to any
nonconforming structure over the life of the structure shall not exceed fifty (50) percent of
the market value of the structure unless the owner has satisfied the conditions of this
ordinance. The city must calculate the cost of all structural alterations and additions to a
structure since the adoption of the city's initial flood plain controls on July 28, 1986. The
city must calculate these costs into current costs and include all costs such as construction
materials and a reasonable cost placed on all labor. If the current cost of all previous and
proposed alterations and additions exceeds fifty (50) percent of the current market value of
the structure, then the structure must meet the standards of Sections 10 and 11 44 1200
LInd 11 1201 for new structures.
(e) If any nonconforming use of a structure or land or nonconforming structure is destroyed by
any means, including floods, to an extent of fifty (50) percent or more of its market value at
the time of destruction, the owner shall not reconstruct it except in conformity with this
ordinance. The city council may issue a permit for reconstruction if the use is not in the
floodway and, upon reconstruction the owner adequately elevates it on fill in conformity
with this ordinance.
ill If a substantial improvement occurs from any combination of a buildinq addition to the
outside dimensions of the existino buildinq or a rehabilitation. reconstruction, alteration. or
other improvement to the inside dimensions of an existino nonconforminq buildinq. then
the buildinq addition and the existinq nonconformino buildinq must meet the requirements
of Section 10 of this ordinance for new structures. dependino upon whether the structure is
in the floodwav or flood frinqe. respectivelv.
Sec. 1744 1207. Penalties for violation.
(a) A violation of the provisions of this ordinance or failure to follow any of its requirements
(including violations of conditions and safeguards established about the granting of
variances) is a misdemeanor.
10
(b) In responding to an ordinance violation, the city may request that the National Flood
Insurance Program deny flood insurance to the guilty party. The city shall act in good faith
to enforce these official controls and to correct ordinance violations when possible.
(c) When an alleged violation is discovered by or shown to the director, the director shall
investigate the situation. The director shall document the nature and extent of the alleged
violation of the official control. As soon as is possible, the city will submit this information
to the proper Department of Natural Resources and FEMA regional offices. The city will
also submit its plan of action to correct the violation to these agencies.
(d) The director shall notify the suspected party of the pertinent requirements of this ordinance
and all other official controls. The director shall also notify the person in question about
the nature and extent of the suspected violation of these controls. If the structure and/or
use are under construction or development, the director may order the construction or
development immediately halted. This construction or development moratorium shall be in
force until the city grants a permit or approval. If the responsible party has completed the
construction or development, then the director may either:
(1) Issue an order identifying the corrective actions that the responsible party must
make within a specified time to bring the use or structure into compliance with the
official controls; or
(2) Notify the responsible party to apply for an after-the-fact permit/development
approval within 30-days.
If the responsible party does not appropriately respond to the director within the specified
time, each additional day that lapses is an additional ordinance violation. The city may
prosecute such violations accordingly. The director shall also, upon the lapse of the
specified response time, notify the property owner to restore the land to the condition
which existed before the violation of this article.
Sec. 18411208. Amendments.
The city shall submit all amendments to this ordinance, including revisions to the official flood plain
zoning district map, to be approved by the Natural Resources Department before adoption. The
city shall not remove the flood plain designation on the official flood plain zoning district map
unless the owner fills the area to an elevation at or above the regulatory flood protection elevation
and is contiguous to lands outside the flood plain. Changes in the official flood plain zoning map
must meet FEMA's technical conditions and criteria and must receive prior FEMA approval before
adoption. The Department of Natural Resources must be given ten (10) days written notice of all
hearings to consider an amendment to this ordinance. This notice shall include a draft of the
amendment or technical study under consideration.
Sec. 19 41 1209. Travel trailers aRd tra>.'el Recreational vehicles.
(a) TFa'/el trailor<; and travel Recreational vehicles that do not meet the exemption criteria
specified in subsection (a)(1 )(a) of this section shall be subject to the provisions of this
ordinance. TFavel trailors and tra'Jel Recreational vehicles shall also be subject to the
conditions listed in the sections below.
(1) Exemption. Recreational /\ travel trailer and travel vehicles are exempt from the
11
provisions of this ordinance if their owner places them in any of the areas listed in
subsection (a)(1)(b) of this section and if it meets the following criteria:
a) Have current licenses required for highway use.
b) Are highway ready meaning on wheels or have an internal jacking system
and that the owner has attached it to the site only by quick disconnect type
utilities commonly used in campgrounds and trailer parks. The tFaveI
trailer/travel recreational vehicle must also not have any permanent
structural additions attached to it.
c) The travcl trailer or travel recreational vehicle and associated use must be
an allowed use in the underlying zoning district.
(2) Areas exempted for placement of tFavelfrecreational vehicles:
a) Individual lots or parcels of record.
b) Existing commercial recreational vehicle parks or campgrounds.
c) Existing condominium-type associations.
(b) Travel trailers and travel Recreational vehicles exempted in subsection (a)(1) of this
section lose this exemption when development occurs on the parcel exceeding five
hundred ($500) dollars. This is for a structural addition to the travel trailer!tra'Jel
recreational vehicle or an accessory structure such as a garage or storage building. The
city will then consider the travcl trailer/travel recreational vehicle and all additions and
accessory structures as a new structure. The travcl trailer/travel recreation vehicle shall
then be subject to the elevation requirements and the use of land restrictions specified in
this ordinance. There shall be no development or improvement on the parcel or
attachment to the recreation vehicle that hinders the removal of the recreational vehicle. to
a flood free location should floodinQ occur.
(c) New commercial travel trailer or travel recreation vehicle parks or campgrounds, new
residential type subdivisions and condominium associations, and the expansion of any
existing similar use exceeding five (5) units or dwelling sites shall be subject to the
following conditions:
(1) The city will allow any new or replacement travel trailcr or travel recreational
vehicle in the floodway or flood fringe districts provided the following:
a) The owner places said trailer or recreational vehicle and its contents on fill
above the regulatory flood protection elevation following the provisions of
Section 11 44 1201.
b) Proper elevated road access to the site exists according to Sections 10 and
11..44 1200 and 44 1201.
c) No fill placed in the floodway to meet the requirements of this section shall
increase the flood stages of the regional flood.
12
(2) As an alternative, the city may allow all new or replacement travel traileffi or travel
recreation vehicles not meeting the criteria of subsection (c)(1) of this section, if
such placement is according to the following:
a) The applicant must submit an emergency plan for the safe evacuation of all
vehicles and people during the 1 OO-year flood. A registered engineer or
other qualified individual shall prepare said plan. Said plan shall show that
adequate time and personnel exist to carry out the evacuation.
b) All attendant sewage and water facilities for new or replacement travel
trailers or other recreational vehicles must be protected or constructed so
while flooded they are not impaired or contaminated. The installation of
such facilities shall follow the rules in Section 10(b)(7).
Sees. 44 1210 44 1235. Reserved.
13
Sec. 18-1
Sec. 18-26
Sec. 18-27
Sec. 18-28
Sec. 18-29
Sec. 18-30
Sec. 18-31
Sec. 18-32
Sec. 18-33
Sec. 18-34
Sec. 18-35
Sec. 18-36
Sec. 18-37
Sec. 18-38
Sec. 18-39
Sec. 18-40
Sec. 18-66
Sec. 18-67
Sec. 18-68
Sec. 18-69
Sec. 18-70
Sec. 18-71
Sec. 18-72
Sec. 18-73
Sec. 18-74
Sec. 18-75
Sec. 18-76
Sec. 18-77
Attachment 2
Draft Outline for the Maplewood City Code, Chapter 18 (Environment).
New Articles and Divisions are shown as underlined.
April 13, 2010
Chapter 18
ENVIRONMENT
Article I. In General
- 18-25. Reserved.
Article II. Nuisances
Division I. Generally
Unlawful to cause, create or commit.
Common law and statutory nuisances adopted by reference.
Unlawful to permit; cellars, drains cesspools or sewers.
Rental agents to disclose name of owner or principal to city manager upon
request.
Public nuisances generally.
Nuisances affecting health, safety, comfort or repose.
Nuisances affecting morals and safety.
Enforcement of article generally.
Continuing violations.
Notice to abate.
Abatement by council.
Abatement on premises.
Violations of article.
Loitering.
- 18-65. Reserved.
Division 2. Abandoned Motor Vehicles
Purpose.
Definitions.
Violation.
Taking into custody and impoundment.
Certain vehicles declared nuisances; abatement; removal.
Immediate sale of certain vehicles.
Additional remedies.
Police reports.
Notice to owner and lienholders.
Reclamation by owner or lienholder; preservation of lien rights.
Sale of vehicle.
Designation of poundkeeper.
1
Sec. 18-78
Sec. 18-79
Sec. 18-80
Sec. 18-81
Sec. 18-82
Sec. 18-83
Sec. 18-84
Sec. 18-85
Sec. 18-86
Sec. 18-111
Sec. 18-112
Sec. 18-113
Sec. 18-114
Sec. 18-115
Sec. 18-116
Sec. 18-117
Sec. 18-118
Sec. 18-119
Sec. 18-120
Sec. 18-121
Sec. 18-122
Sec. 18-176
Sec. 18-177
Sec. 18-178
Sec. 18-179
Sec. 18-180
Bond of poundkeeper.
Insurance of poundkeeper.
Towing and storage charges generally.
Release of vehicle and service fee before vehicle towed away.
Abatement oftowing and storage charges.
Release of vehicles.
Release form.
Police records.
- 18-110. Reserved.
Division 3. Noise Control
Prohibition generally; exception.
Construction activities.
Enforcement.
-18-140. Reserved.
Article III. Erosion and Sedimentation Control
Purpose.
Scope.
Erosion and sediment control plan.
Review of plan.
Modification of plan.
Escrow requirement.
Enforcemenht; penalty.
-18-175. Reserved.
Article IV. Air Pollution Control
Short title.
State regulations adopted.
Approval required to start fire.
Penalties for violations.
-18-XXX. Reserved.
Article V. Environmental Protection and Critical Areas
Division 1. Stormwater Management
Division 2. Wetlands and Streams
Division 3. Tree Protection
Division 4. Slopes
Division 5. Mississippi Critical Area
Division 6. Flood Plain Overlav District
Division 7. Shoreland Overlav District
2
MEMORANDUM
SUBJECT:
DATE:
James Antonen, City Manager
Tom Ekstrand, Senior Planner
DuWayne Konewko, Community Development and Parks Director
2010 Tour Date Selection and Route Planning Discussion
April 14, 2010
TO:
FROM:
INTRODUCTION
The annual planning commission summer tour of the city is about three months away.
Staff is requesting that the planning commission select a date for this annual event and
start thinking about the number of stops or visits on the tour route. The following
comments are from the planning commission last year when planning for the 2009 tour.
Staff includes these as "food for thought" to spur ideas for the 2010 tour.
2009 PC Tour-Planning Suggestions
On June 2, 2009, the planning commission gave the following suggestions about the
upcoming summer tour format and route:
1. Skip the old "drive-by shooting" tour format. Focus on two to four different sites that
are significant and were reviewed by other advisory committees. An example is the
Fish Creek potential open space.
2. Consider trails and paths and how they connect and interact with development
opportunities and proposals.
3. Consider including unique buildings such as the St. Paul's Monastery building.
4. Pick sites that relate to major sections of the comprehensive plan update. What
impact may the comprehensive plan have on development potential or opportunities?
5. More substance and fewer sites.
6. Hold the itinerary to 10 to 12 sites rather than the previous 36 or so "drive-by" sites.
Consider projects that were more controversial with more substance to them.
7. Don't try to cover the entire city. Perhaps focus on specific part of town (ex: south
leg, northerly end, etc).
8. Start from city hall as usual, but terminate at a point away from city hall and not the
past method of "completing a circle" with the termination point being a point near city
hall.
Planning Commission Critique of the 2009 Tour
Staff also includes the planning commission's critique of last year's tour as a reminder as
to what they liked and did not like.
. The PC liked the fewer items on the itinerary. They did not like the previous format
of covering the entire city with just viewing various developments out the window.
. The tour included four stops which the participants liked. Presentations were given
at each stop. These stops were the Maplewood Nature Center, St. Paul's
Monastery, Silver Lake Park Improvements and the Bruentrop Heritage Farm.
. One slight criticism was that next time we should keep on schedule. There was
some overrun at each stop.
. The representatives of other commissions that were present stated that they enjoyed
the fact that their commission's interests were covered too.
DISCUSSION
Staff is hoping to: 1) set a date for the 2010 summer tour, and 2) begin brainstorming
ideas for tour sites to visit or to drive by. Some possible tour dates are:
. Monday August 30-a fifth Monday, but the sun will set quite early
. Tuesday June 29
. Wednesday June 30
. Wednesday July 7
. Wednesday July 28
CONCLUSION/QUESTION-SHOULD WE SKIP THIS YEAR?
Staff has one additional closing thought. We have some concern that there may not be
enough new development to warrant a tour this year. We had a successful tour last
year, but after reviewing possibilities for this summer, there just aren't a substantial
number of new projects to view. Input from the planning commission is welcome on this
point as well.
RECOMMENDATION
Direct staff to set a tour date, give recommendations on route and format or consider the
possibility of skipping the summer tour for 2010 if there are insufficient projects to view
and observe.
p:\ planning commission\PC 2010 Tour\2010 tour route planning 4 10 te
2