09-27-2016HOPKINS PLANNING AND ZONING COMMISSION
AGENDA
Tuesday, September 27, 2016
6:30 pm
THIS AGENDA IS SUBJECT TO CHANGE UNTIL THE START OF
PLANNING AND ZONING COMMISSION MEETING
I. CALL TO ORDER
II. ADOPT AGENDA
III. OPEN AGENDA – PUBLIC COMMENTS/CONCERNS
IV. CONSENT AGENDA
1. Minutes of the August 30, 2016, Planning & Zoning Commission
V. PUBLIC HEARING
1. Medical Cannabis (Planning Application 16-13-TA)
2. Floodplain Ordinance Update (Planning Application 16-16-TA)
VI. OLD BUSINESS
VII. NEW BUSINESS
VIII. ANNOUNCEMENTS
1. Planning & Zoning Commission Bylaws
2. Detachment and Annexation of Minnetonka Property
3. Southwest Light Rail Transit
4. Shady Oak Station Area Zoning
5. 2040 Comprehensive Plan Update
IX. ADJOURN
UNOFFICIAL
PLANNING & ZONING COMMISSION MINUTES
August 30, 2016
A regular meeting of the Hopkins Planning & Zoning Commission was held on Tuesday, August
30, 2016, at 6:30 p.m. in the Council Chambers of Hopkins City Hall.
Present were Commission Members Laura L. Daly, Kristin Hanneman, Brian Hunke, Matthew
McNeil, Gary Newhouse, Emily Wallace-Jackson and James Warden. Also present was City
Planner Jason Lindahl.
CALL TO ORDER
Chair Hunke called the meeting to order at 6:30 p.m.
ADOPT AGENDA
Commissioner Daly moved, Commissioner Warden seconded, to adopt the agenda. The motion
was approved unanimously.
OPEN AGENDA – PUBLIC COMMENTS/CONCERNS – none.
CONSENT AGENDA
Commissioner McNeil noted a spelling correction of his name in the list of those present at the
last meeting. There were no other corrections to the minutes. Commissioner Daly moved,
Commissioner McNeil seconded, to approve the minutes of the July 26, 2016, regular meeting.
The motion was approved unanimously.
PUBLIC HEARINGS
1. Planning & Zoning Commission Bylaws Update (Planning Application 16-12-TA)
Mr. Lindahl stated that this amendment was initiated by staff and reviewed by the Commission at
the May 31 meeting. He stated that the establishment and organization of the Commission is left
to local government, while the power and duties are detailed in state statute; that the City Charter
states that the Council may, if desired, utilize an advisory City Planning Commission to “prepare
and adopt a complete plan for the future physical development and growth of the City . . . .”; and
that City Code Section 325 refers to the Bylaws and summarizes many of its provisions.
Commissioners Wallace-Jackson and Warden suggested changes to the Charter, which would be
made by the Charter Commission . Mr. Lindahl stated staff does not propose any changes to the
City Code other than establishing the name of the Commission as “Planning & Zoning
Commission.” Mr. Lindahl explained the proposed changes to the Bylaws, including the
Commission name, striking language stating the Commission has the authority to approve plats,
adding service as the Board of Adjustments and Appeals, changes in start date for new members,
meeting day of month, annual meeting date, and rules regarding notifications and mailings. In
response to questions from Commissioners Warden and Newhouse, Mr. Lindahl replied that the
Bylaws state that the City Manager designates the staff member who will attend the meeting and
the agenda packet will be mailed to the Commission no later than Friday before the meeting.
UNOFFICIAL
Minutes of the Planning & Zoning Commission, August 30, 2016 – Page 2
Chairman Hunke opened the public hearing. No one came forward to speak. Commissioner
Newhouse moved, Commissioner McNeil seconded, to close the public hearing. The hearing
was closed at 6:56 p.m.
Commissioner McNeil moved, Commissioner Warden seconded, to adopt Planning Commission
Resolution 2016-12, recommending the City Council approve an amendment to the City of
Hopkins Planning & Zoning Commission Bylaws. The motion was approved unanimously.
2. Medical Cannabis (Planning Application 16-13-TA)
Mr. Lindahl stated that this application was initiated by the Council after it adopted a one-year
moratorium on medical cannabis manufacturing and distribution facilities and directed staff to
study this issue. The Commission reviewed this item at the June 28 meeting and directed staff to
do further study.
Mr. Lindahl informed the Commission about the two existing manufacturing facilities in the state
in the cities of Cottage Grove and Otsego. Cottage Grove made no changes to their zoning
regulations and permits the facility as a pharmaceutical manufacturing use. Otsego initially
allowed their facility as a permitted use in agricultural districts but has since amended their
zoning regulations to require a conditional use within an agricultural district. Both cities
reported that the plants do produce odors that have been minimized through HVAC systems.
Mr. Lindahl reported that of the cities which have distribution facilities, only Bloomington has
made zoning changes to require a CUP and licensing. Among the five cities Mr. Lindahl
received feedback from, with exception of requesting police to check on suspicious cars, there
have been no policing problems. The City Attorney stated it is unclear whether the City has
authority to apply security concerns as a condition for approval, and since security issues are
addressed in the state statute, staff is not recommending any City requirements. Staff is also not
recommending changes to the zoning code for manufacturing and lab facilities. Medical
marijuana manufacturing is not listed and, therefore, not allowed. Labs are permitted in I-1, B-2
and B-3 districts.
Mr. Lindahl addressed distribution facilities and presented a map of very limited possible
locations defined by state statute and City zoning. Mr. Lindahl presented two options for the
Commission to consider and recommended Option 1. Option 1 is more restrictive, prohibiting
sale of any products other than medical marijuana and allowing only one facility per 15,000
residents, in addition to the state requirements. Option 1 would also trigger notification and a
public hearing, generating community involvement that staff feels is necessary. Option 2 is less
restrictive, with no conditions for approval, allowing facilities in the same districts which allow
clinics. This option is similar to the manner in which seven of the eight communities with
distribution facilities chose to regulate this use.
The Commission and staff discussed the options, including the following comments:
• Does a public hearing give a false perception that the use could be denied?
• The 1 facility to 15,000 people ratio is being proposed by staff. The state statute limits
the number of facilities in the entire state to eight, by Congressional districts.
UNOFFICIAL
Minutes of the Planning & Zoning Commission, August 30, 2016 – Page 3
• Reluctant to impose more regulations than state already has, because in the event non-
medical marijuana is legalized, the City would have to undo the more restrictive
regulations and could potentially lose businesses.
• Prohibiting the sale of other merchandise in a distribution facility is too limiting to
potential businesses.
• Can Commission create a third option with the 1:15,000 ratio, 350 feet notification
requirement and without prohibition of other products?
• CUP generally includes a set of standards including harmony with neighborhood. Staff
could draft ordinance to include only 1:15,000 ratio; however, the language in the
standards would not prevent the use from happening.
• Basically, question is whether we want public hearing.
• Giving public a place for discussion is worthy; possibly informal educational meeting or
web site information could be recommended to the Council; public input was done when
law was passed. Information should include: map with street names of areas where
facilities are allowed; state law; requirements to obtain from doctor; information from
other cities that there have been no police issues.
• 24-hour monitoring is understood to be external and internal in state law.
Chairman Hunke opened the public hearing. No one came forward to speak. Commissioner
Daly moved, Commissioner Newhouse seconded, to close the public hearing. The hearing was
closed at 8:24 p.m.
Commissioner McNeil moved, Commissioner Warden seconded, to direct staff to prepare a
zoning code text amendment related to medical marijuana uses following Option 2 listed in
Planning Report 16-13-TA. The motion was approved unanimously.
Commissioner Wallace-Jackson moved, Commissioner McNeil seconded, that the Planning
Commission would like the City staff to work on a way to educate the community about medical
marijuana distribution facilities, whether it be on the web site or social media or other ways. It
would provide information similar to what’s been provided to the Planning Commission in the
staff report and reference the state law and maps with street names. The motion was approved
unanimously.
OLD BUSINESS - Mr. Lindahl stated there is no old business.
NEW BUSINESS - Mr. Lindahl stated there is no new business.
ANNOUNCEMENTS
During the announcements, Mr. Lindahl updated the Planning & Zoning Commission on the
following items.
1. The City Council approved the Opt-Out Option for health care dwelling units.
2. The Governor directed the Met Council, Hennepin County Rail Authority and the County
Transportation Board to finance the 10 percent state match for the SW LRT. The Rail
Authority approved the match 6-1. Met Council and the Transportation Board will vote
August 31.
UNOFFICIAL
Minutes of the Planning & Zoning Commission, August 30, 2016 – Page 4
ADJOURN
Commissioner Hanneman moved, Commissioner McNeil seconded, to adjourn the meeting. The
motion was approved unanimously. The meeting adjourned at 8:28 p.m.
Respectfully submitted,
Shannon Smith
September 27, 2016 Planning Report 16-13-TA
Zoning Code Text Amendment Related Medical Cannabis Businesses
Proposed Action: After conducting a public hearing, staff recommends the following motion:
Move to adopt Planning Commission Resolution 2016-13, recommending the City Council
approve an ordinance amending the City Code related to medical marijuana facilities.
Overview
This application was initiated by the City Council after it adopted a one-year moratorium on
Medical Cannabis (medical marijuana) manufacturing and distribution facilities and directed staff
to study this issue. The Commission reviewed this item and held public hearings during the June
28 and August 30 meetings. At the August 30 meeting, the Commission directed staff to
prepare a zoning code text amendment consistent with Option 2 as outlined by staff during the
August 30, 2016, meeting. That ordinance amendment is attached for your review and approval.
Primary Issues to Consider
• Planning & Zoning Commission action
• Legal authority
• Proposed zoning standards
Supporting Documents
• Planning Commission Resolution 2016-13
• Draft Ordinance 2016-1115
• Map of Parcels Eligible to Host Medical Marijuana Distribution Facilities
• City Attorney memo dated 8-19-16
_____________________
Jason Lindahl, AICP
City Planner
Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________
Related Documents (CIP, ERP, etc.): _________________________________________
Notes:
Planning Report 16-13-TA
Page 2
Planning & Zoning Commission Action
The Planning Commission reviewed this item during their regular meetings on June 28 and
August 30, 2016. During each meeting the Commission heard a presentation from staff and
held a public hearing that produced no comments. After some discussion, the Commission
directed staff to prepare a zoning ordinance text amendment consistent with Option 2 as
detailed in the August 30, 2016, staff report. This draft zoning ordinance text amendment is
attached for your review. It amends City Code Section 515.07 to add definitions for “Medical
Marijuana” and “Medical Marijuana Distribution Facilities” and adds Medical Marijuana
Distribution Facilities as a permitted use in the B-3, General Business, district subject to all
provisions in Minnesota Statute 152.22 through 152.37 and Minnesota Rules Chapter 4770.
Legal Authority
Zoning Code amendments are legislative actions in that the City is creating new standards to
regulate the development of certain types of uses and/or structures. Under the law, the City has
wide flexibility to create standards that will ensure the type of development it desires; however,
zoning regulations must be reasonable and supported by a rational basis relating to promoting
the public health, safety and welfare of the community. In this case, the regulations must also be
consistent with Minnesota Statute 152.22 through 152.37 and Minnesota Rules Chapter 4770,
which regulate medical marijuana.
Proposed Zoning Standards
There are three land use types associated with the medical marijuana industry, as stipulated by
the State of Minnesota legislature in the Therapeutic Research Act, Minn. Stat. §§152.21.
Overall, staff recommends no zoning changes for manufacturing and laboratory uses. Specific
changes for distribution facilities are summarized below and detailed in the attached draft
ordinance. These recommendations are based on review of the City Code, applicable state law,
information from the City Attorney and the zoning regulations in other communities with
medical marijuana facilities.
• Manufacturing facilities: Where medical marijuana is cultivated, harvested, manufactured
and packaged.
Staff does not recommend allowing manufacturing activity in Hopkins. Since current state
law would not allow additional manufacturing facilities at this time, staff believes the most
prudent approach would be to monitor the experiences in both Cottage Grove and Otsego
before allowing manufacturing uses. Staff recommends no changes to the City zoning
regulations based on the finding medical marijuana manufacturing is already prohibited
within Hopkins because it is not expressly allowed under the zoning regulations.
• Laboratories: Where medical marijuana samples are tested to ensure compliance with state
manufacturing standards.
Staff recommends no changes related to Laboratories because the Minnesota Department of
Health indicates that they will have only very small amounts of medical marijuana product
on site for testing purposes, and therefore do not have the potential to create negative
impacts on neighboring properties. Currently, Research Labs are a permitted use in the I-1
Industrial District and a conditional use in the B-3 General Business District. Dental – Med
Labs are permitted uses in the B-2 Central Business and B-3 General Business Districts.
Planning Report 16-13-TA
Page 3
• Distribution facilities: Establishments engaged in the sale and distribution of medical
marijuana that are validly registered and approved by the State of Minnesota. Distribution
facilities do not include manufacturing facilities.
Based on feedback from the Commission, staff has prepared the attached zoning ordinance
text amendment. It should also be noted that in addition to the recommendation below,
distribution facilities will be required to meet all requirements of state law including a 1,000-
foot buffer from public or private schools, 24-hour video monitoring, alarm systems,
background checks for all employees and controlled access systems to limit access to
restricted areas.
• Add “Medical Marijuana Distribution Facility” as a permitted use in all Business districts
(B-1, B-2, B-3, & B-4) with no conditions of approval. This would allow distribution
facilities in the same districts where clinics are currently allowed. This option is similar
to how seven of the eight communities with distribution facilities chose to regulate these
uses. Only Bloomington has decided to amend their code to create specific zoning and
licensing standards for these uses.
• Add the following definition of “Medical Marijuana” to the Definition section of the
zoning ordinance:
Any species of the genus cannabis plant, or any mixture or preparation of them,
including whole plant extracts and resins and is delivered in the form of (1) liquid, but
not limited to oil; (2) pill; (3) vaporized delivery method with use of liquid or oil but
which does not require the use of dried leaves or plant form that has been approved by
the Commissioner of the Minnesota Department of Health under Minnesota Statute
152.25.
• Add the following definition of “Medical Marijuana Distribution Facility” to the
Definition section of the zoning ordinance:
An establishment engaged in the sale and distribution of medical marijuana that is validly
registered and approved by the State of Minnesota. Distribution facilities do not include
manufacturing facilities.
Alternatives
1. Recommend approval of the proposed zoning code text amendment related to medical
marijuana distribution facilities. By recommending approval, the City Council will consider a
recommendation of approval.
2. Recommend denial of the proposed zoning code text amendment related to medical
marijuana distribution facilities. By recommending denial, the City Council will consider a
recommendation of denial. If the Planning Commission considers this alternative, findings
will have to be identified that support this alternative.
3. Continue for further information. If the Planning Commission indicates that further
information is needed, the item should be continued.
CITY OF HOPKINS
Hennepin County, Minnesota
PLANNING & ZONING COMMISSION RESOLUTION NO: 2016-13
A RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING THE CITY
COUNCIL APPROVE AN ORDINANCE AMENDING SECTIONS 515.07 AND 535 OF THE
CITY CODE RELATED TO MEICAL MARIJUANA DISTRIBUTION FACILITIES
WHEREAS, the City of Hopkins initiated an application to amend Sections 515.07 and 535 of
the City Code related to zoning standards for Medical Marijuana Distribution Facilities; and,
WHEREAS, the procedural history of the application is as follows:
1. That an application to amend Sections 515.07 and 535 of the City Code related to zoning
standards for medical marijuana and medical marijuana distribution facilities was
initiated by the City of Hopkins on May 26, 2016;
2. That the Hopkins Zoning and Planning Commission, pursuant to published notice, held a
public hearing on the application and reviewed such application on June 28, August 30
and September 27, 2016: all persons present were given an opportunity to be heard; and,
3. That the written comments and analysis of City staff were considered.
NOW, THEREFORE, BE IT RESOLVED that an application to amend Sections 515.07 and 535
of the City Code related to zoning standards for medical marijuana and medical marijuana distribution
facilities is hereby recommended for approval based on the following Findings of Fact:
1. The zoning ordinance text amendment is consistent with the goals and implementation
strategies of the Comprehensive Plan and will promote the public health, safety and
welfare of the City of Hopkins.
Adopted this 27th day of September 2016.
__________________
Brian Hunke, Chair
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2016-1115
AN ORDINANCE AMENDING SECTIONS 515.07 AND 535 OF THE CITY CODE
RELATED TO MEDICAL MARIJUANA DISTRIBUTION FACILITIES
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Section 515.7, Definitions, is hereby amended to add the following:
Medical Marijuana: Any species of the genus cannabis plant, or any mixture or preparation of
them, including whole plant extracts and resins and is delivered in the form of (1) liquid, but not
limited to oil; (2) pill; (3) vaporized delivery method with use of liquid or oil but which does not
require the use of dried leaves or plant form that has been approved by the Commissioner of the
Minnesota Department of Health under Minnesota Statute 152.25.
Medical Marijuana Distribution Facility: An establishment engaged in the sale and distribution
of medical marijuana that is validly registered and approved by the State of Minnesota.
SECTION 2.
535 Subdivision 3, Permitted Uses, is hereby amended to add the following:
Permitted Uses B-1 B-2 B-3 B-4
Medical Marijuana Distribution Facilities, subject to all provisions
in Minn. Stat. 152.22 through 152.37 and Minn. Rules Chapter 4770
as each may be amended from time to time
X X X X
SECTION 3. This ordinance shall take effect and be in force upon its publication, in accordance
with Section 3.07 of the City Charter.
First Reading: October 4, 2016
Second Reading: October 18, 2016
Date of Publication: October 27, 2016
Date Ordinance Takes Effect: October 27, 2016
______________________
Molly Cummings, Mayor
ATTEST:
_______________________
Amy Domeier, City Clerk
Parcels Eligible to Host MedicalMarijuana Distribution Facilities
°Legend
City Boundary
Eligible to Host Distribution Facilities
Schools
H i g h w a y 7
Highway 169Excelsior Boulevard
11th AvenueBlake Road
1
484957v3 AMB HP145-9
Kennedy 470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis MN 55402-1458
(612) 337-9300 telephone
(612) 337-9310 fax
sriggs@kennedy-graven.com
http://www.kennedy-graven.com
Affirmative Action, Equal Opportunity Employer
&
Graven
C H A R T E R E D
MEMORANDUM
DATE: August 19, 2016
TO: Jason Lindahl, City Planner
FROM: Scott J. Riggs, City Attorney
Andrew M. Biggerstaff, Assistant City Attorney
RE: Medical Cannabis
This memorandum addresses various issues related to medical cannabis and land-use regulation
within the city of Hopkins (the “City”).
I. Security Measures Required for Manufacturing or Dispensing Sites
State law regulates the requirements which apply to any medical cannabis manufacturing site in
this state.1 Among those requirements, all manufacturing sites must develop “operating
documents” which contain a certain number of items. One of those items is “procedures for the
implementation of appropriate security measures to deter and prevent the theft of medical
cannabis and unauthorized entrance into areas containing medial cannabis.”2
In furtherance of this mandate, the Commissioner of the Department of Health, who has
oversight responsibility with respect to medical cannabis, has promulgated rules which further
define the responsibilities of regulated entities. In particular, Minnesota Administrative Rules
require manufacturers to comply with specific 24-hour video monitoring requirements.3
Additionally, manufacturers are required to comply with specific alarm system requirements.4
1 Minn. Stat. § 152.29. 2 Id. 3 Minn. R. 4770.0900. 4 Minn. R. 4770.1000.
&
2
484957v3 AMB HP145-9
Some question has arisen regarding whether the City should (a) impose stricter security
requirements on these facilities or (b) impose these security measures on distribution facilities as
well.
With respect to the first question, it is unclear whether the City possesses the authority to require
additional security measures. Certainly, the City is entitled to pass laws which are within its
general police powers, or as expressly provided by the state legislature. However, one concern
may be whether the legislature has preempted local regulation by “occupying the field” in terms
of creating a framework for regulation of these entities. Unlike other areas of state law, where
the legislature has expressly provided that local ordinance may be as strict or stricter, the state
statutes regarding medical cannabis are silent as to local government authority. Any imposition
of additional restrictions or requirements may be met by a challenge from the regulated entities
that such local action is not allowed.
Secondly, it appears that there is no need for City action to require these same security measures
at distribution sites. Under the relevant Minnesota Rules, a “medical cannabis manufacturer or
manufacturer” is defined as “an entity registered by the commissioner to cultivate, acquire,
manufacture, possess, prepare, transfer, transport, supply, or dispense medical cannabis, delivery
devices, or related supplies and educational materials.”5 Because the security requirements in
the relevant rules apply to “a medical cannabis manufacturer” which by statute includes an entity
registered to “dispense medical cannabis” it seems clear that the security measures already apply
to licensed dispensing facilities. As to a question of whether stricter or additional requirements
may be imposed on those facilities, the answer would be identical to the analysis above.
II. Application of Pharmacy Controls to Distribution Sites
Questions have also been raised about whether medical cannabis distribution sites should be
treated as pharmacies for the purpose of the City’s zoning code. Under state law, medical
cannabis manufacturers (and distributors)6 are required to ensure that “employees licensed as
pharmacists” be the only employees to distribute the medical cannabis to a patient.7
In comparison, state law also dictates that “a medical cannabis manufacturer is not subject to the
Board of Pharmacy licensure or regulatory requirements” under state law.8 This appears to be
clear for both actual manufacturing facilities, as well as distribution facilities run by
manufacturers. This provision arguably limits the City’s authority to require a potential future
distribution site from complying with any standards applicable to pharmacies as determined by
state law.
However, this does not appear to limit the City’s ability to treat these uses as “pharmacies” for
purposes of the zoning code. For instance, the City allows, as a permitted use, a pharmacy or
5 Minn. R. 4770.0200, subp. 27 (citing Minn. Stat. § 152.22, subd. 7). 6 Under state law, each of the manufacturers of medical cannabis must operate four distribution facilities, one of
which may be their main manufacturing location. Minn. Stat. § 152.29, subd. 1. 7 Minn. Stat. 152.29, subd. 3. 8 Minn. Stat. 152.29, subd. 1(h).
3
484957v3 AMB HP145-9
drug store in both the Business-1 and Business-2 zoning districts. If medical cannabis
dispensaries were defined as pharmacies for the purposes of the City’s zoning code, they would
also be allowed in those zoning districts. Of course, whatever limitation that is placed on
medical cannabis distribution facilities may impact the likelihood that such a facility would seek
to locate itself in the City, especially insofar as those regulations limit or restrict where such
facilities may locate.9
III. Conclusion
Because medical cannabis facilities are regulated by state law, the City may face some
limitations in terms of the regulation that may be imposed. However, the City does retain the
authority to impose some reasonable restrictions on these enterprises, as discussed herein. As the
Minnesota Medical Cannabis Therapeutic Research Act is further amended by the state
legislature, the City should ensure that any future action on this issue is in conformance with the
applicable laws and rules that may be in effect at that time.
9 Under current law, only eight distribution facilities are allowed. Additionally, state law required that all eight
facilities be up and running by July 1, 2016, and those facilities be located across the state. Currently, there are four
locations in the Twin Cities Metropolitan area. It is unclear if, or when, additional locations might be authorized for
this area. Minn. Stat. § 152.29, subd. 1.
September 27, 2016 Planning Report 16-16-TA
Floodplain Ordinance Text Amendment and District Boundary Changes
Proposed Action: Staff recommends the following motion: Move to adopt Planning
Commission Resolution 2016-14, recommending the City Council approve an ordinance
amending Section 545 of the City Code related to Floodplain zoning regulations.
Overview
This application was initiated by staff to bring the City’s existing floodplain regulations and
Zoning Map into compliance with recent changes by the Federal Emergency Management
Agency (FEMA) to its flood hazard maps. The proposed changes include repealing Section 545
– Floodplain District and replacing it with a model floodplain ordinance developed by the
Minnesota Department of Natural Resources (DNR) and updating the Floodplain District
boundaries on the Zoning Map. According to the DNR, the proposed ordinance text
amendment contains no new policies. Rather it attempts to better organize and clarify the
existing floodplain regulations. The proposed Floodplain District boundary changes may add or
remove some properties from this area. It is important to note that both changes are required
by FEMA in order to maintain the City’s eligibility to participate in the National Flood Insurance
Program (NFIP). Staff recommends approval of the proposed changes.
Primary Issues to Consider
•Legal Authority
•Zoning Ordinance Text Amendment
•Floodplain District Boundary Changes
Supporting Documents
•Draft Ordinance 2016-1116 Related to Floodplain Zoning Regulations
•Planning and Zoning Commission Resolution 2016-14
•Floodplain District Boundary Changes Map
•Letter to Property Owners Newly Added to the 100-Year Floodplain
•Letter from FEMA
•Letter from Minnesota DNR
_____________________
Jason Lindahl, AICP
City Planner
Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________
Related Documents (CIP, ERP, etc.): _________________________________________
Notes:
Planning Report 16-16-TA
Page 2
Background
The proposed zoning ordinance and map changes are required by FEMA and the Minnesota
DNR to insure the City’s continued eligibility in the National Flood Insurance Program (NFIP).
According to FEMA, standard homeowners insurance does not cover flooding, so NFIP offers
protection from floods associated with hurricanes, tropical storms, heavy rains and other
conditions that impact the U.S. Congress created NFIP in 1968 to help provide a means for
property owners to financially protect themselves. The NFIP offers flood insurance to
homeowners, renters, and business owners if their community participates in the NFIP.
Participating communities agree to adopt and enforce ordinances that meet or exceed FEMA
requirements to reduce the risk of flooding.
FEMA has recently updated its flood hazard maps, which identify flood hazards and assess
flood risk areas by using the best available technical data, including data for river flow, storm
tides, hydrologic/hydraulic analyses, and rainfall and topographic surveys. This information is
gathered in Flood Insurance Rate Maps (FIRMs), which are used by the National Flood
Insurance Program (NFIP) to form the basis of NFIP regulations and flood insurance
requirements. The changes are not due to any physical changes (projects) in the city.
In order to comply with federal requirements and to maintain the city’s eligibility to participate
in the National Flood Insurance Program (NFIP), the city is working with FEMA and with the
Minnesota Department of Natural Resources (DNR) to use the new data to update the city’s
Floodplain Ordinance and Zoning Map. Local ordinances must comply with the revised State
and Federal floodplain regulations prior to their effective date on November 4, 2016. While the
City is responsible for administering its local ordinances, it does not directly administer or create
FEMA Flood Insurance Rate Maps (FIRMs).
Based on the new data, some property owners within or close to the floodplain may be receiving
letters from their mortgage companies requiring the purchase of flood insurance. Other
property owners may find themselves no longer required to carry flood insurance. Property
owners are required to purchase flood insurance for structures located within or touching the
high flood risk area and if the property is getting a mortgage or loan from a federally regulated
institution.
Primary Issues to Consider
Legal Authority. Zoning Code amendments are legislative actions in that the City is creating
new standards to regulate the development of certain types of uses and/or structures. Under the
law, the City has wide flexibility to create standards that will ensure the type of development it
desires; however, zoning regulations must be reasonable and supported by a rational basis
relating to promoting the public health, safety and welfare. In this case, the regulations must
also be consistent with the revised State and Federal floodplain regulations prior to their
effective date on November 4, 2016.
Zoning Ordinance Text Amendment. The City’s existing floodplain regulations were last
updated in 2004 after FEMA updated its flood hazard maps earlier that same year. Recently,
FEMA completed a re-evaluation of the flood hazards throughout Hennepin County and
directed all local governments to update their regulations and floodplain district boundaries.
Planning Report 16-16-TA
Page 3
The DNR prepared a model ordinance for cities across Minnesota to use as a guide to rewrite
local floodplain ordinances. For Hopkins, this means the existing floodplain regulations will be
repealed in its entirety and replaced with the model ordinance. According to the DNR, the
proposed ordinance text amendment contains no new policies. Rather it attempts to better
organize and clarify the existing floodplain regulations. These changes are required by FEMA
and the Minnesota DNR to insure the City’s continued eligibility in the National Flood
Insurance Program (NFIP).
Floodplain District Boundary Changes. In Hopkins the Floodplain District extends along
both the Minnehaha and Nine Mile Creeks. The attached map shows changes to the Special
Hazard Flood Area (SHFA) or 100-year floodplain. Property owners currently in or newly
added to this area are required to purchase flood insurance for structures located within or
touching the high flood risk area and if the property is getting a mortgage or loan from a
federally regulated institution. Based on this map, staff believes there are ten (10) newly added
properties all of which are located along Nine Mile Creek. There appears to be no newly added
properties along Minnehaha Creek. Staff has mailed each of the newly added property owners a
letter informing them of this change and advising them to consult their insurance agent to
purchase flood insurance.
Alternatives
1. Recommend approval of the proposed Zoning Code text amendment related to floodplain
zoning regulations. By recommending approval, the City Council will consider a
recommendation of approval.
2. Recommend denial of the proposed Zoning Code text amendment related to floodplain
zoning regulations. By recommending denial, the City Council will consider a
recommendation of denial and Hopkins will no longer be eligible to participate in the
National Flood Insurance Program (NFIP). If the Planning Commission considers this
alternative, findings will have to be identified that support this alternative.
3. Continue for further information. If the Planning Commission indicates that further
information is needed, the item should be continued. It should be noted that continuing this
item will jeopardize the City’s eligibility to participate in the National Flood Insurance
Program (NFIP).
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2016-1116
AN ORDINANCE AMENDING SECTIONS 545 OF THE CITY CODE RELATED TO
FLOODPLAIN ZONING REGULATIONS
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN THAT SECTION
545 OF THE CITY CODE IS HEREBY REPEALED AND REPLACED WITH THE FOLLOWING:
SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE
1.1 Statutory Authorization: The legislature of the State of Minnesota has, in Minnesota Statutes
Chapter 103F and Chapter 462 delegated the responsibility to local government units to adopt
regulations designed to minimize flood losses. Therefore, the City Council of Hopkins, Minnesota,
does ordain as follows.
1.2 Purpose:
1.21 This ordinance regulates development in the flood hazard areas of the City of Hopkins.
These flood hazard areas are subject to periodic inundation, which may result in loss of
life and property, health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and relief, and impairment
of the tax base. It is the purpose of this ordinance to promote the public health, safety, and
general welfare by minimizing these losses and disruptions.
1.22 National Flood Insurance Program 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
eligibility in the National Flood Insurance Program.
1.23 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 and economic
development.
SECTION 2.0 GENERAL PROVISIONS
2.1 How to Use This Ordinance: This ordinance adopts the floodplain maps applicable to the City
of Hopkins and includes three floodplain districts: Floodway, Flood Fringe, and General
Floodplain.
2.11 Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the
standards in Sections 4 or 5 will apply, depending on the location of a property.
2.12 Locations where Floodway and Flood Fringe districts are not delineated on the
floodplain maps are considered to fall within the General Floodplain district. Within the
General Floodplain district, the Floodway District standards in Section 4 apply unless the
floodway boundary is determined, according to the process outlined in Section 6. Once the
floodway boundary is determined, the Flood Fringe District standards in Section 5 may
apply outside the floodway.
2.2 Lands to Which Ordinance Applies: This ordinance applies to all lands within the jurisdiction
of the City of Hopkins shown on the Official Zoning Map and/or the attachments to the map as
being located within the boundaries of the Floodway, Flood Fringe, or General Floodplain
Districts.
2.21 The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are
superimposed on all existing zoning districts. The standards imposed in the overlay
districts are in addition to any other requirements in this ordinance. In case of a conflict,
the more restrictive standards will apply.
2.3 Incorporation of Maps by Reference: The following maps together with all attached
material are hereby adopted by reference and declared to be a part of the Official Zoning Map
and this ordinance. The attached material includes the Flood Insurance Study for Hennepin
County, Minnesota, and Incorporated Areas, dated November 4, 2016 and the Flood Insurance
Rate Map panels enumerated below, dated November 4, 2016, all prepared by the Federal
Emergency Management Agency. These materials are on file in the office of the City Clerk.
Effective Flood Insurance Rate Map panels:
27053C0333E
27053C0334E
27053C0341E
27053C0342E
27053C0343E
27053C0344E
27053C0361E
2.4 Regulatory Flood Protection Elevation: The regulatory 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 floodplain that result from
designation of a floodway.
2.5 Interpretation: The boundaries of the zoning districts are determined by scaling
distances on the Flood Insurance Rate Map.
2.51 Where a conflict exists between the floodplain limits illustrated on the official zoning map
and actual field conditions, the flood elevations shall be the governing factor. The Zoning
Administrator must interpret the boundary location based on the ground elevations that
existed on the site on the date of the first National Flood Insurance Program map showing
the area within the regulatory floodplain, and other available technical data.
2.52 Persons contesting the location of the district boundaries will be given a reasonable
opportunity to present their case to the (Planning Commission/Board of Adjustment) and
to submit technical evidence.
2.6 Abrogation and Greater Restrictions: It is not intended by this ordinance to repeal,
abrogate, or impair any existing easements, covenants, or other private agreements. However,
where this ordinance imposes greater restrictions, the provisions of this ordinance prevail. All
other ordinances inconsistent with this ordinance are hereby repealed to the extent of the
inconsistency only.
2.7 Warning and Disclaimer of Liability: This ordinance does not imply that areas outside
the floodplain districts or land uses permitted within such districts will be free from flooding or
flood damages. This ordinance does not create liability on the part of the City of Hopkins or its
officers or employees for any flood damages that result from reliance on this ordinance or any
administrative decision lawfully made hereunder.
2.8 Severability: If any section, clause, provision, or portion of this ordinance is adjudged
unconstitutional or invalid by a court of law, the remainder of this ordinance shall not be affected
and shall remain in full force.
2.9 Definitions: Unless specifically defined below, words or phrases used in this ordinance
must be interpreted according to common usage and so as to give this ordinance its most
reasonable application.
2.911 Accessory Use or Structure – a use or structure on the same lot with, and of a
nature customarily incidental and subordinate to, the principal use or structure.
2.912 Base Flood Elevation – The elevation of the “regional flood.” The term “base
flood elevation” is used in the flood insurance survey.
2.913 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.
2.914 Conditional Use – a specific type of structure or land use listed in the official
control that may be allowed but only after an in-depth review procedure and with
appropriate conditions or restrictions as provided in the official zoning controls or
building codes and upon a finding that:
(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.
2.915 Critical Facilities – facilities necessary to a community’s public health and safety,
those that store or produce highly volatile, toxic or water-reactive materials, and those that
house occupants that may be insufficiently mobile to avoid loss of life or injury.
Examples of critical facilities include hospitals, correctional facilities, schools, 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.
2.916 Development – any manmade change to improved or unimproved real estate,
including buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations, or storage of equipment or materials.
2.917 Equal Degree of Encroachment – a method of determining the location of
floodway boundaries so that floodplain lands on both sides of a stream are capable of
conveying a proportionate share of flood flows.
2.918 Farm Fence – A fence as defined by Minn. Statutes Section 344.02, Subd. 1(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 ordinance.
2.919 Flood – a temporary increase in the flow or stage of a stream or in the stage of a
wetland or lake that results in the inundation of normally dry areas.
2.920 Flood Frequency – the frequency for which it is expected that a specific flood
stage or discharge may be equaled or exceeded.
2.921 Flood Fringe – the portion of the Special Flood Hazard Area (one percent annual
chance flood) located outside of the floodway. Flood fringe is synonymous with the term
“floodway fringe” used in the Flood Insurance Study for Hennepin County, Minnesota.
2.922 Flood Prone Area – any land susceptible to being inundated by water from any source
(see “Flood”).
2.923 Floodplain – the beds proper and the areas adjoining a wetland, lake or
watercourse which have been or hereafter may be covered by the regional flood.
2.924 Floodproofing – a combination of structural provisions, changes, or adjustments to
properties and structures subject to flooding, primarily for the reduction or elimination of
flood damages.
2.925 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.
2.926 Lowest Floor – the lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, used solely for parking of vehicles, building
access, or storage in an area other than a basement area, is not considered a building’s
lowest floor; provided, that such enclosure is not built so as to render the structure in
violation of the applicable non-elevation design requirements of 44 Code of Federal
Regulations, Part 60.3.
2.927 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.”
2.928 New Construction - Structures, including additions and improvements, and
placement of manufactured homes, for which the start of construction commenced on or
after the effective date of this ordinance.
2.929 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 floodplain which may impede, retard, or change the direction of
the flow of water, either in itself or by catching or collecting debris carried by such water.
2.930 One Hundred Year Floodplain – lands inundated by the “Regional Flood” (see
definition).
2.931 Principal Use or Structure – all uses or structures that are not accessory uses or structures.
2.932 Reach – a hydraulic engineering term to describe a longitudinal segment of a
stream or river influenced by a natural or man-made obstruction. In an urban area, the
segment of a stream or river between two consecutive bridge crossings would most
typically constitute a reach.
2.933 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 ordinance, the term recreational vehicle is
synonymous with the term “travel trailer/travel vehicle.”
2.934 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 a flood
insurance study.
2.935 Regulatory Flood Protection Elevation (RFPE) - an elevation not less than one foot
above the elevation of the regional flood plus any increases in flood elevation caused by
encroachments on the floodplain that result from designation of a floodway.
2.936 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.
2.937 Special Flood Hazard Area – a term used for flood insurance purposes synonymous with
“One Hundred Year Floodplain.”
2.938 Start of Construction – includes substantial improvement, and means the actual
start of construction, repair, reconstruction, rehabilitation, addition, placement or other
improvement that occurred before the permit’s expiration date. The actual start is either
the first placement of permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of columns, or any work
beyond the stage of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing, grading and
filling; nor does it include the installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers, foundations, or the erection of temporary
forms; nor does it include the installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not part of the main structure. For a
substantial improvement, the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
2.939 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 Section 9.22 of this ordinance and other similar items.
2.940 Substantial Damage - means damage of any origin sustained by a structure where
the cost of restoring the structure to its before damaged condition would equal or exceed
50 percent of the market value of the structure before the damage occurred.
2.941 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 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 ordinance, “historic structure” is as defined in 44 Code of Federal Regulations,
Part 59.1.
2.10 Annexations: The Flood Insurance Rate Map panels adopted by reference into Section
2.3 above may include floodplain areas that lie outside of the corporate boundaries of the City of
Hopkins at the time of adoption of this ordinance. If any of these floodplain land areas are
annexed into the City of Hopkins after the date of adoption of this ordinance, the newly annexed
floodplain lands will be subject to the provisions of this ordinance immediately upon the date of
annexation.
2.11 Detachments. The Flood Insurance Rate Map panels adopted by reference into Section
2.3 above will include floodplain areas that lie inside the corporate boundaries of municipalities
at the time of adoption of this ordinance. If any of these floodplain land areas are detached from
a municipality and come under the jurisdiction of the City of Hopkins after the date of adoption
of this ordinance, the newly detached floodplain lands will be subject to the provisions of this
ordinance immediately upon the date of detachment.
SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS
3.1 Districts:
3.11 Floodway District. The Floodway District includes those areas within Zones AE that have
a floodway delineated as shown on the Flood Insurance Rate Map adopted in Section 2.3.
For lakes, wetlands and other basins within Zones AE that do not have a floodway
delineated, the Floodway District also includes those areas that are at or below the
ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision
14.
3.12 Flood Fringe District. The Flood Fringe District includes areas within Zones AE
that have a floodway delineated on the Flood Insurance Rate Map adopted in Section 2.3,
but are located outside of the floodway. For lakes, wetlands and other basins within Zones
AE that do not have a floodway delineated, the Flood Fringe District also includes those
areas 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.
3.13 RESERVED FOR GENERAL FLOODPLAIN DISTRICT (GF)
3.2 Applicability: Within the floodplain districts established in this ordinance, the use, size, type
and location of development must comply with the terms of this ordinance and other applicable
regulations. In no cases shall floodplain development adversely affect the efficiency or unduly
restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage
ditches, or any other drainage facilities or systems. All uses not listed as permitted uses or
conditional uses in Sections 4.0, 5.0 and 6.0 are prohibited. In addition, critical facilities, as
defined in Section 2.915, are prohibited in all floodplain districts.
SECTION 4.0 FLOODWAY DISTRICT (FW)
4.1 Permitted Uses: The following uses, subject to the standards set forth in Section 4.2, are
permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay
district:
4.11 General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck
farming, forestry, sod farming, and wild crop harvesting.
4.12 Industrial-commercial loading areas, parking areas, and airport landing strips.
4.13 Open space uses, including but not limited to private and public golf courses,
tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps,
swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries,
shooting preserves, hunting and fishing areas, and single or multiple purpose recreational
trails.
4.14 Residential lawns, gardens, parking areas, and play areas.
4.15 Railroads, 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.
4.2 Standards for Floodway Permitted Uses:
4.21 The use must have a low flood damage potential.
4.22 the use must not obstruct flood flows or cause any increase in flood elevations and
must not involve structures, obstructions, or storage of materials or equipment.
4.23 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 regional (1% chance)
flood.
4.3 Conditional Uses: The following uses may be allowed as conditional uses following the
standards and procedures set forth in Section 10.4 of this ordinance and further subject to the
standards set forth in Section 4.4, if otherwise allowed in the underlying zoning district or any
applicable overlay district.
4.31 Structures accessory to the uses listed in 4.11 – 4.13 above and the uses listed in
4.32 - 4.33 below.
4.32 Extraction and storage of sand, gravel, and other materials.
4.33 Marinas, boat rentals, docks, piers, wharves, and water control structures.
4.34 Storage yards for equipment, machinery, or materials.
4.35 Placement of fill or construction of fences that obstruct flood flows. Farm fences,
as defined in section 2.918, are permitted uses.
4.36 Travel-ready recreational vehicles meeting the exception standards in Section 9.3.
4.37 Levees or dikes intended to protect agricultural crops for a frequency flood event
equal to or less than the 10-year frequency flood event.
4.4 Standards for Floodway Conditional Uses:
4.41 All Uses. A conditional use must not cause any increase in the stage of the 1%
chance or regional flood or cause an increase in flood damages in the reach or reaches
affected.
4.42 Fill; Storage of Materials and Equipment:
(a) The storage or processing of materials that are, in time of flooding, flammable,
explosive, or potentially injurious to human, animal, or plant life is prohibited.
(b) 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.
(c) 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.
4.43 Accessory Structures. Accessory structures, as identified in Section 4.31, may be
permitted, provided that:
(a) structures are not intended for human habitation;
(b) structures will have a low flood damage potential;
(c) structures will be constructed an placed so as to offer a minimal obstruction to the flow
of flood waters;
(d) Service utilities, such as electrical and heating equipment, within these structures must
be elevated to or above the regulatory flood protection elevation or properly floodproofed;
(e) Structures must be elevated on fill or structurally dry floodproofed in accordance with
the FP1 or FP2 floodproofing classifications in the State Building Code. All floodproofed
structures must be adequately anchored to prevent flotation, collapse or lateral movement
and designed to equalize hydrostatic flood forces on exterior walls.
(f) As an alternative, an accessory structure may be internally/wet floodproofed to the FP3
or FP4 floodproofing classifications in the State Building Code, provided the accessory
structure constitutes a minimal investment and does not exceed 576 square feet in size.
Designs for meeting this requirement must either be certified by a registered
professional engineer or meet or exceed the following criteria:
(1) 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
(2) 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.
4.44 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.
4.45 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.
4.46 Floodway developments must not adversely affect the hydraulic capacity of the channel
and adjoining floodplain of any tributary watercourse or drainage system.
SECTION 5.0 FLOOD FRINGE DISTRICT (FF)
5.1 Permitted Uses: Permitted uses are those uses of land or structures allowed in the underlying
zoning district(s) that comply with the standards in Sections 5.2. If no pre-existing, underlying
zoning districts exist, then any residential or nonresidential structure or use of a structure or land
is a permitted use provided it does not constitute a public nuisance.
5.2 Standards for Flood Fringe Permitted Uses:
5.21 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 regulatory
flood protection elevation and the fill must extend at the same elevation at least 15 feet
beyond the outside limits of the structure.
5.22 Accessory Structures. As an alternative to the fill requirements of section 5.21, structures
accessory to the uses identified in Section 5.1 may be permitted to be internally/wet
floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code,
provided that:
(a) the accessory structure constitutes a minimal investment, does not exceed 576 square
feet in size, and is only used for parking and storage.
(b) All portions of floodproofed accessory structures below the Regulatory Flood
Protection Elevation must be: (i) adequately anchored to prevent flotation, collapse or
lateral movement and designed to equalize hydrostatic flood forces on exterior walls,
(ii) be constructed with materials resistant to flood damage, and (iii)must have all
service utilities be water-tight or elevated to above the regulatory flood protection
elevation
(c) Designs for meeting this requirement must either be certified by a registered
professional engineer or meet or exceed the following criteria:
(1) 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
(2) 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.
5.23 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 Section 5.21 of this ordinance, or if allowed as a conditional use under
Section 5.33 below.
5.24 The storage of any materials or equipment must be elevated on fill to the
regulatory flood protection elevation.
5.25 All service utilities, including ductwork, must be elevated or water-tight to prevent
infiltration of floodwaters.
5.26 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.
5.27 All fill must be properly compacted and the slopes must be properly protected by the use
of riprap, vegetative cover or other acceptable method.
5.28 All new principal structures must have vehicular access at or above an elevation
not more than two feet below the regulatory flood protection elevation, or must have a
flood warning /emergency evacuation plan acceptable to the City Council.
5.29 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 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 regional (1% chance) flood.
5.30 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.
5.31 Manufactured homes and recreational vehicles must meet the standards of Section
9 of this ordinance.
5.3 Conditional Uses: The following uses and activities may be allowed as conditional uses, if
allowed in the underlying zoning district(s) or any applicable overlay district, following the
procedures in Section 10.4 of this ordinance.
5.31 Any structure that is not elevated on fill or floodproofed in accordance with Sections 5.21
and 5.22 of this ordinance.
5.32 Storage of any material or equipment below the regulatory flood protection elevation.
5.33 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 Section 5.21 of this ordinance.
5.34 (OPTIONAL) The use of methods to elevate structures above the regulatory flood
protection elevation, including stilts, pilings, parallel walls, or above-grade, enclosed areas
such as crawl spaces or tuck under garages, shall meet the standards in Section 5.46.
5.4 Standards for Flood Fringe Conditional Uses:
5.41 The standards listed in Sections 5.24 through 5.30 apply to all conditional uses.
5.42 Basements, as defined by Section 2.913 of this ordinance, are subject to the
following:
(a) Residential basement construction is not allowed below the regulatory flood
protection elevation.
(b) Non-residential basements may be allowed below the regulatory flood protection
elevation provided the basement is structurally dry floodproofed in accordance with
Section 5.43 of this ordinance.
5.43 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 FP1 or FP2 floodproofing classification in the State Building
Code, which requires making the structure watertight with the walls substantially
impermeable to the passage of water and with structural components capable of resisting
hydrostatic and hydrodynamic loads and the effects of buoyancy.
5.44 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.
(a) The plan must clearly specify methods to be used to stabilize the fill on site for a flood
event at a minimum of the regional (1% chance) flood event.
(b) The plan must be prepared and certified by a registered professional engineer or
other qualified individual acceptable to the City Council.
(c) The plan may incorporate alternative procedures for removal of the material from the
floodplain if adequate flood warning time exists.
5.45 Storage of materials and equipment below the regulatory flood protection elevation
must comply with an approved emergency plan providing for removal of such materials
within the time available after a flood warning.
5.46 (OPTIONAL) Alternative elevation methods other than the use of fill may be utilized to
elevate a structure's lowest floor above the regulatory flood protection elevation. 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:
(a) Design and Certification - The structure’s design and as-built condition must be
certified by a registered professional engineer as being in compliance with the general
design standards of the State Building Code and, specifically, that all electrical, heating,
ventilation, plumbing and air conditioning equipment and other service facilities must
be at or above the regulatory flood protection elevation or be designed to prevent flood
water from entering or accumulating within these components during times of flooding.
(b) Specific Standards for Above-grade, Enclosed Areas - Above-grade, fully enclosed
areas such as crawl spaces or tuck under garages must be designed to internally flood
and the design plans must stipulate:
(1) The minimum area of openings in the walls where internal flooding is to be used as
a floodproofing technique. 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 registered professional engineer or architect certifies that a smaller net area would
suffice. The automatic openings may be equipped with screens, louvers, valves, or
other coverings or devices provided that they permit the automatic entry and exit of
flood waters without any form of human intervention; and
(2) That the enclosed area will be designed of flood resistant materials in accordance
with the FP3 or FP4 classifications in the State Building Code and shall be used
solely for building access, parking of vehicles or storage.
SECTION 6.0 RESERVED FOR GENERAL FLOODPLAIN DISTRICT (GF)
SECTION 7.0 LAND DEVELOPMENT STANDARDS
7.1 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 Hopkins.
7.2 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 ordinance.
7.21 All lots within the floodplain districts must be able to contain a building site outside of the
Floodway District at or above the regulatory flood protection elevation.
7.22 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 emergency plan for the safe evacuation of all vehicles and people
during the 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 adequate time and personnel exist to carry out the evacuation.
7.23 For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries,
the regulatory flood protection elevation and the required elevation of all access roads
must be clearly labeled on all required subdivision drawings and platting documents.
7.24 In the General Floodplain District, applicants must provide the information required in
Section 6.2 of this ordinance to determine the regional flood elevation, the Floodway and
Flood Fringe District boundaries and the regulatory flood protection elevation for the
subdivision site.
7.25 If a subdivision proposal or other proposed new development is in a flood prone area, any
such proposal must be reviewed to assure that:
(a) All such proposals are consistent with the need to minimize flood damage within the
flood prone area,
(b) All public utilities and facilities, such as sewer, gas, electrical, and water systems are
located and constructed to minimize or eliminate flood damage, and
(c) Adequate drainage is provided to reduce exposure of flood hazard.
7.3 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 resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy;
(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.
SECTION 8.0 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES
8.1 Public Utilities: 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.
8.2 Public Transportation Facilities: Railroad tracks, roads, and bridges to be located within the
floodplain must comply with Sections 4.0 and 5.0 of this ordinance. These transportation
facilities must be elevated to the regulatory flood protection elevation where failure or
interruption of these facilities would result in danger to the public health or safety or where such
facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads
may be constructed at a lower elevation where failure or interruption of transportation services
would not endanger the public health or safety.
8.3 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 are subject to the provisions in Minnesota Rules Chapter
4725.4350, as amended; and 2) New or replacement on-site sewage treatment systems must be
designed to minimize or eliminate infiltration of flood waters into the systems and discharges
from the systems into flood waters, they must not be subject to impairment or contamination
during times of flooding, and are subject to the provisions in Minnesota Rules Chapter
7080.2270, as amended.
SECTION 9.0 MANUFACTURED HOMES, MANUFACTURED HOME PARKS, AND
RECREATIONAL VEHICLES.
9.1 Manufactured Homes: New manufactured home parks and expansions to existing
manufactured home parks are prohibited in any floodplain district. For existing manufactured
home parks or lots of record, the following requirements apply:
9.11 Placement or replacement of manufactured home units is prohibited in the Floodway
District.
9.12 If allowed in the Flood Fringe District, placement or replacement of manufactured home
units is subject to the requirements of Section 5 of this ordinance and the following
standards.
(a) New and replacement manufactured homes must be elevated in compliance with
Section 5 of this ordinance and 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.
(b) New or replacement manufactured homes in existing manufactured home parks
must meet the vehicular access requirements for subdivisions in Section 7.22.
9.2 Recreational Vehicles: 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 meeting the
requirements of this ordinance.
9.21 Recreational vehicles are exempt from the provisions of this ordinance if they are
placed in any of the following areas and meet the criteria listed in Section 9.22:
(a) Individual lots or parcels of record.
(b) Existing commercial recreational vehicle parks or campgrounds.
(c) Existing condominium-type associations.
9.22 Criteria for Exempt Recreational Vehicles:
(a) The vehicle must have a current license required for highway use.
(b) 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.
(c) No permanent structural type additions may be attached to the vehicle.
(d) The vehicle and associated use must be permissible in any pre-existing, underlying
zoning district.
(e) 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, meeting the requirements applicable to manufactured homes
in Section 9.22.
(f) An accessory structure must constitute a minimal investment
9.23 Recreational vehicles that are exempt in Section 9.22 lose this exemption when
development occurs on the site that exceeds a minimal investment for an accessory
structure such as a garage or storage building. The recreational vehicle and all accessory
structures will then be treated as new structures subject to the elevation and floodproofing
requirements of Section 5.0 of this ordinance. No development or improvement on the
parcel or attachment to the recreational vehicle is allowed that would hinder the removal
of the vehicle should flooding occur.
SECTION 10.0 ADMINISTRATION
10.1 Zoning Administrator: A Zoning Administrator or other official designated by the City
Council must administer and enforce this ordinance.
10.2 Permit Requirements:
10.21 Permit Required. A permit must be obtained from the Zoning Administrator prior
to conducting the following activities:
(a) 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 ordinance.
(b) The use or change of use of a building, structure, or land.
(c) The construction of a dam, fence, or on-site septic system, although a permit is not
required for a farm fence as defined in this ordinance.
(d) The change or extension of a nonconforming use.
(e) The repair of a structure that has been damaged by flood, fire, tornado, or any other
source.
(f) The placement of fill, excavation of materials, or the storage of materials or equipment
within the floodplain.
(g) Relocation or alteration of a watercourse (including new or replacement culverts and
bridges), unless a public waters work permit has been applied for.
(h) Any other type of “development” as defined in this ordinance.
10.22 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:
(a) A site plan showing all pertinent dimensions, existing or proposed buildings, structures,
and significant natural features having an influence on the permit.
(b) Location of fill or storage of materials in relation to the stream channel.
(c) Copies of any required municipal, county, state or federal permits or approvals.
(d) Other relevant information requested by the Zoning Administrator as necessary to
properly evaluate the permit application.
10.23 Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No
building, land or structure may be occupied or used in any manner until a certificate of
zoning compliance has been issued by the Zoning Administrator stating that the use of the
building or land conforms to the requirements of this ordinance.
10.24 Certification. The applicant is required to submit certification by a registered
professional engineer, registered architect, or registered land surveyor that the finished fill
and building elevations were accomplished in compliance with the provisions of this
ordinance. Floodproofing measures must be certified by a registered professional
engineer or registered architect.
10.25 Record of First Floor Elevation. The Zoning Administrator must maintain a record
of the elevation of the lowest floor (including basement) of all new structures and
alterations or additions to existing structures in the floodplain. The Zoning Administrator
must also maintain a record of the elevation to which structures and alterations or
additions to structures are floodproofed.
10.26 Notifications 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
Minnesota Statutes, 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).
10.27 Notification to FEMA When Physical Changes Increase or Decrease Base Flood
Elevations. As soon as is 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.
10.3 Variances:
10.31 Variance Applications. An application for a variance to the provisions of this
ordinance will be processed and reviewed in accordance with applicable state statutes and
Section 5252.07 of the City Code.
10.32 Adherence to State Floodplain 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.
10.33 Additional Variance Criteria. The following additional variance criteria of the
Federal Emergency Management Agency must be satisfied:
(a) Variances must not be issued by a community within any designated regulatory
floodway if any increase in flood levels during the base flood discharge would result.
(b) Variances may only be issued by a community upon (i) a showing of good and
sufficient cause, (ii) a determination that failure to grant the variance would result in
exceptional hardship to the applicant, and (iii) a determination that the granting of a
variance will not result in increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or victimization of the
public, or conflict with existing local laws or ordinances.
(c) Variances may only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
10.34 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.
10.35 General Considerations. The community may consider the following factors in granting
variances and imposing conditions on variances and conditional uses in floodplains:
(a) The potential danger to life and property due to increased flood heights or velocities
caused by encroachments;
(b) The danger that materials may be swept onto other lands or downstream to the
injury of others;
(c) 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;
(d) The susceptibility of any proposed use and its contents to flood damage and the
effect of such damage on the individual owner;
(e) The importance of the services to be provided by the proposed use to the community;
(f) The requirements of the facility for a waterfront location;
(g) The availability of viable alternative locations for the proposed use that are not
subject to flooding;
(h) The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future;
(i) The relationship of the proposed use to the Comprehensive Land Use Plan and flood
plain management program for the area;
(j) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(k) The expected heights, velocity, duration, rate of rise and sediment transport of the
flood waters expected at the site.
10.36 Submittal of Hearing Notices to the Department of Natural Resources (DNR). The
(designated body/community official) must submit hearing notices for proposed variances
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.
10.37 Submittal of 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.
10.38 Record-Keeping. The Zoning Administrator must maintain a record of all variance
actions, including justification 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.
10.4 Conditional Uses:
10.41 Administrative Review. An application for a conditional use permit under the
provisions of this ordinance will be processed and reviewed in accordance with Section
525.013 of the City Code.
10.42 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
ordinance, and those factors identified in Section 10.35 of this ordinance.
10.43 Conditions Attached to Conditional Use Permits. The City Council may attach
such conditions to the granting of conditional use permits as it deems necessary to fulfill
the purposes of this ordinance. Such conditions may include, but are not limited to, the
following:
(a) Modification of waste treatment and water supply facilities.
(b) Limitations on period of use, occupancy, and operation.
(c) Imposition of operational controls, sureties, and deed restrictions.
(d) Requirements for construction of channel modifications, compensatory storage, dikes,
levees, and other protective measures.
(e) Floodproofing measures, in accordance with the State Building Code and this
ordinance. The applicant must submit a plan or document certified by a registered
professional engineer or architect that the floodproofing measures are consistent with
the regulatory flood protection elevation and associated flood factors for the particular
area.
10.44 Submittal of Hearing Notices to the Department of Natural Resources (DNR). The
(designated body/community official) 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.
10.45 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.
SECTION 11.0 NONCONFORMITIES
11.1 Continuance of Nonconformities: A use, structure, or occupancy of land which was lawful
before the passage or amendment of this ordinance but which is not in conformity with the
provisions of this ordinance may be continued subject to the following conditions. Historic
structures, as defined in Section 2.941(b) of this ordinance, are subject to the provisions of
Sections 11.11 – 11.16 of this ordinance.
11.11 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 11.12 below. Expansion or enlargement
of uses, structures or occupancies within the Floodway District is prohibited.
11.12 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 any of the
elevation on fill or floodproofing techniques (i.e., FP1 thru FP4 floodproofing
classifications) allowable in the State Building Code, except as further restricted in 11.13
and 11.17 below.
11.13 If the cost of all previous and proposed alterations and additions exceeds 50
percent of the market value of any nonconforming structure, that shall be considered
substantial improvement, and the entire structure must meet the standards of Section 4.0 or
5.0 of this ordinance for new structures, depending upon whether the structure is in the
Floodway or Flood Fringe 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.
11.14 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
ordinance. The Assessor must notify the Zoning Administrator in writing of instances of
nonconformities that have been discontinued for a period of more than one year.
11.15 If any nonconformity is substantially damaged, as defined in Section 2.940 of this
ordinance, it may not be reconstructed except in conformity with the provisions of this
ordinance. The applicable provisions for establishing new uses or new structures in
Sections 4.0 or 5.0 will apply depending upon whether the use or structure is in the
Floodway or Flood Fringe, respectively.
11.16 If any nonconforming use or structure experiences a repetitive loss, as defined in
Section 2.936 of this ordinance, it must not be reconstructed except in conformity with the
provisions of this ordinance.
11.17 Any substantial improvement, as defined in Section 2.941 of this ordinance, to a
nonconforming structure requires that the existing structure and any additions must meet
the requirements of Section 4.0 or 5.0 of this ordinance for new structures, depending
upon whether the structure is in the Floodway or Flood Fringe District.
SECTION 12.0 PENALTIES AND ENFORCEMENT
12.1 Violation Constitutes a Misdemeanor: Violation of the provisions of this ordinance or
failure to comply with any of its requirements (including violations of conditions and safeguards
established in connection with grants of variances or conditional uses) constitute a misdemeanor
and will be punishable as defined by law.
12.2 Other Lawful Action: Nothing in this ordinance restricts the City of Hopkins from taking
such other lawful action as is necessary to prevent or remedy any violation. If the responsible
party does not appropriately respond to the Zoning Administrator within the specified period of
time, each additional day that lapses will constitute an additional violation of this ordinance and
will be prosecuted accordingly.
12.3 Enforcement: Violations of the provisions of this ordinance will be investigated and
resolved in accordance with the provisions of Section 115 of the City Code. In responding to a
suspected ordinance violation, the Zoning Administrator and City Council may utilize the full
array of enforcement actions available to it including but not limited to prosecution and fines,
injunctions, after-the-fact permits, orders for corrective measures or a request to the National
Flood Insurance Program for denial of flood insurance availability to the guilty party. The City
of Hopkins must act in good faith to enforce these official controls and to correct ordinance
violations to the extent possible so as not to jeopardize its eligibility in the National Flood
Insurance Program.
SECTION 13.0 AMENDMENTS
13.1 Floodplain Designation – Restrictions on Removal: The floodplain designation on the Official
Zoning 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 regulatory
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.
13.2 Amendments Require DNR Approval: All amendments to this ordinance must be submitted to
and approved by the Commissioner of the Department of Natural Resources (DNR) prior to
adoption. The Commissioner must approve the amendment prior to community approval.
13.3 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 Section 2.3 of this ordinance.
SECTION 14. This ordinance shall take effect and be in force upon its publication, in accordance with
Section 3.07 of the City Charter.
First Reading: October 4, 2016
Second Reading: October 18, 2016
Date of Publication: October 27, 2016
Date Ordinance Takes Effect: October 27, 2016
______________________
Molly Cummings, Mayor
ATTEST:
_______________________
Amy Domeier, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
PLANNING & ZONING COMMISSION RESOLUTION NO: 2016-14
A RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING THE CITY
COUNCIL APPROVE AN ORDINANCE AMENDING SECTIONS 545 OF THE CITY CODE
RELATED TO FLOODPLAIN ZONING REGULATIONS
WHEREAS, the City of Hopkins initiated an application to amend Sections 545 of the City
Code related to zoning standards for floodplain zoning regulations; and,
WHEREAS, the procedural history of the application is as follows:
1. That an application to amend Section 545 of the City Code related to zoning standards for
floodplain zoning regulations was initiated by the City of Hopkins on August 25, 2016;
2. That the Hopkins Zoning and Planning Commission, pursuant to published notice, held a
public hearing on the application and reviewed such application on September 27, 2016:
all persons present were given an opportunity to be heard; and,
3. That the written comments and analysis of City staff were considered.
NOW, THEREFORE, BE IT RESOLVED that an application to amend Sections 545 of the
City Code related to floodplain zoning regulations is hereby recommended for approval based on the
following Findings of Fact:
1. The zoning ordinance text amendment is consistent with the goals and implementation
strategies of the Comprehensive Plan, will promote the public health, safety and welfare
of the City of Hopkins and is consistent with the requirements of the Federal Emergency
Management Agency and the Minnesota Department of Natural Resources.
Adopted this 27th day of September 2016.
__________________
Brian Hunke, Chair
CP RAIL RAILROAD H C R R A C O R R ID O R EXCELSIOR BOULEVAR D 11TH AVENUE SOUTHSTATE HIGHWAY 169 KTEL DRIVE 2ND AVENUE SOUTHSHADY OAK ROAD 6TH STREET SOUTH
W
ESTB
R
O
O
K
E W
AY
5TH STREET SOUTH
6TH AVENUE SOUTH7TH AVENUE SOUTH1ST STREET SOUTH
ADAMS AVENUE WASHINGTON AVENUE SOUTH5TH AVENUE SOUTH8TH AVENUE SOUTH3RD STRE ET SOUTH
9TH AVENUE SOUTH2 N D S T R E E T S O U T H
8TH STREET SOUTH PARK VALLEY DRIVE EASTPARK VALLEY DRIVE WEST47TH STREET WEST
16TH AVENUE SOUTH10TH AVENUE SOUTH12TH AVENUE SOUTHOLD SETTLERS TRAIL 13TH AVENUE SOUTH1ST STREET SOUTH
2ND AVENUE SOUTH5TH STREET SOUTH
Floodplain District Boundary Changes
Legend
Properties Newly in the Special Floodplain Hazard Area (100 Year Floodplain
Decrease in SFHA
Increase in SFHA
No Change in SFHA °
Notification of Updates to Flood Hazard Maps
Date
Name
Address 1
Address 2
Dear Property Owner:
A multiyear project by the Federal Emergency Management Agency (FEMA) to re-examine flood risks
throughout Hennepin County and develop electronic flood hazard maps is nearing completion. The updated
maps will become effective on November 4, 2016, replacing the current maps that were adopted in 2004.
The principle structure located at the address identified above appears to have been newly mapped into the
Special Flood Hazard Area (aka SFHA, the 1-percent, or 100-year floodplain).
How will these updated maps affect you?
If you have a mortgage or secured loan from a federally regulated or insured lender (this includes most loans)
and the principle structure on this parcel is within the SFHA, then by Federal law your lender must require you
to carry flood insurance.
Most lenders will check their loans when the updated maps become effective on November 4, 2016. They will
send a letter to all properties in the SFHA (or close to it) to notify them that they must purchase flood
insurance within 45 days. If a policy is not purchased within this time period, the lender will “force place” a
policy, which is normally much more expensive.
Taking action sooner rather than later will help keep flood insurance rates down. Property owners can get
discounted flood insurance by purchasing a Preferred Risk Policy (PRP) more than 30 days before the updated
maps become effective on November 4, 2016. This policy would be available for the first year, but would make
less expensive options available to you in future years.
Flood insurance is available through your agent or one of the agents listed by searching the “Agent Finder”
section of FEMA’s Flood Insurance website, FloodSmart.gov. If you have any kind of risk for flood damages,
both in or out of the floodplain, the city encourages you to purchase flood insurance.
What to do if you believe you’ve been inadvertently included in the SFHA?
There are often scenarios where the boundaries of the floodplain do not accurately reflect the true
topographic characteristics of a site. In much of the county, the boundaries of the floodplain have not been
updated with better elevation information since they were originally mapped in the early 1980’s. This newest
map update merely digitized these areas – making them easier for everyone to view. If you believe your
structure and/or parcel is higher than the actual flood elevation, there is a procedure for appeals known as a
Letter of Map Amendment (LOMA). Traditionally, a LOMA involves hiring a surveyor to verify the lowest
ground touching the structure, deck or stairs is above the 100-year flood elevation. Under the right
circumstances, another streamlined method can be pursued in lieu of a field survey:
• Letter of Map Amendments using updated elevation data would be used when LiDAR-derived
contour elevations can verify that a structure is above the 100-year flood elevation.
For those that would qualify for the streamlined method described above, the city can assist in obtaining a map
that can be used in lieu of a field survey.
More information on the process for submitting a LOMA is available from the MN Department of Natural
Resources at http://www.dnr.state.mn.us/waters/watermgmt_section/floodplain/fema_forms.html#fema_forms
(website to be updated)
What can be done to mitigate flood risk and/or reduce premiums?
Elevating, retrofitting, or floodproofing a structure may help to reduce both risk and insurance premiums.
[closing]
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
IN REPLY REFER TO:
19P-A
May 4, 2016
The Honorable Molly Cummings
Mayor, City of Hopkins
City Hall
1010 1st Street South
Hopkins, Minnesota 55343
Community: City of Hopkins,
Hennepin County, Minnesota
Community No.: 270166
Map Panels Affected: See FIRM Index
Dear Mayor Cummings:
This is to formally notify you of the final flood hazard determination for the City of Hopkins, Hennepin
County, Minnesota, in compliance with Title 44, Chapter I, Part 67, Section 67.11, Code of Federal
Regulations (CFR). This section requires that notice of final flood hazards shall be sent to the Chief
Executive Officer of the community, all individual appellants, and the State Coordinating Agency, and
shall be published in the Federal Register.
On September 2, 2004, the Department of Homeland Security’s Federal Emergency Management Agency
(FEMA) issued a Flood Insurance Rate Map (FIRM) that identified the Special Flood Hazard Areas
(SFHAs), the areas that would be inundated by the flood having a 1-percent chance of being equaled or
exceeded in any given year (base flood), in your community. Recently, FEMA completed a re-evaluation
of flood hazards in your community. On December 31, 2005, and August 17, 2012, FEMA provided you
with Preliminary copies of the Flood Insurance Study (FIS) report and FIRM that identify existing flood
hazards in your community, including Base Flood Elevations (BFEs). The proposed flood hazard
determinations (FHDs) for your community were published in the Star Tribune on March 29, 2013, and
April 5, 2013, and in the Federal Register, at Part 67, Volume 78, Page 8180, on February 5, 2013.
The statutory 90-day appeal period, which was initiated on the second newspaper publication date cited
above, has ended. The proposed FHDs for your community were appealed during that time. All technical
data submitted in support of the appeal have been evaluated, and the appeal has been resolved. Therefore,
the FHDs for your community are considered final. The final notice for FHDs will be published in the
Federal Register as soon as possible. The FIRM for your community will become effective on November
4, 2016. Before the effective date, FEMA will send you final printed copies of the FIS report and FIRM.
Because the FIS establishing the FHDs for your community has been completed, certain additional
requirements must be met under Section 1361 of the National Flood Insurance Act of 1968, as amended,
within 6 months from the date of this letter. Prior to November 4, 2016, your community is required, as a
condition of continued eligibility in the National Flood Insurance Program (NFIP), to adopt or show
evidence of adoption of floodplain management regulations that meet the standards of Paragraph 60.3(d) of
the enclosed NFIP regulations (44 CFR 59, etc.) by the effective date of the FIRM. These standards are
the minimum requirements and do not supersede any State or local requirements of a more stringent
nature.
It must be emphasized that all the standards specified in Paragraph 60.3(d) of the NFIP regulations must be
enacted in a legally enforceable document. This includes adoption of the current effective FIS and FIRM
2
to which the regulations apply and other modifications made by this map revision. Some of the standards
should already have been enacted by your community in order to establish initial eligibility in the NFIP.
Your community can meet any additional requirements by taking one of the following actions:
• Amending existing regulations to incorporate any additional requirements of Paragraph 60.3(d);
• Adopting all the standards of Paragraph 60.3(d) into one new, comprehensive set of regulations; or
• Showing evidence that regulations have previously been adopted that meet or exceed the minimum
requirements of Paragraph 60.3(d).
Communities that fail to enact the necessary floodplain management regulations will be suspended from
participation in the NFIP and subject to the prohibitions contained in Section 202(a) of the Flood Disaster
Protection Act of 1973 (Public Law 93-234) as amended.
In addition to your community using the FIS to manage development in the floodplain, FEMA will use the
FIS to establish appropriate flood insurance rates. On the effective date of the revised FIRM, actuarial
rates for flood insurance will be charged for all new structures and substantial improvements to existing
structures located in the identified Special Flood Hazard Areas, the areas subject to inundation by the base
flood. These rates may be higher if structures are not built in compliance with the floodplain management
standards of the NFIP. The actuarial flood insurance rates increase as the lowest elevations (including
basement) of new structures decrease in relation to the BFEs established for your community. This is an
important consideration for new construction because building at a higher elevation can greatly reduce the
cost of flood insurance.
To assist your community in maintaining the FIRM, we have enclosed a Summary of Map Actions to
document previous Letter of Map Change (LOMC) actions (i.e., Letters of Map Amendment, Letters of
Map Revision) that will be superseded when the revised FIRM panels referenced above become effective.
Information on LOMCs is presented in the following four categories: (1) LOMCs for which results have
been included on the revised FIRM panels; (2) LOMCs for which results could not be shown on the
revised FIRM panels because of scale limitations or because the LOMC issued had determined that the lots
or structures involved were outside the SFHA as shown on the FIRM; (3) LOMCs for which results have
not been included on the revised FIRM panels because the flood hazard information on which the original
determinations were based are being superseded by new flood hazard information; and (4) LOMCs issued
for multiple lots or structures where the determination for one or more of the lots or structures cannot be
revalidated through an administrative process like the LOMCs in Category 2 above. LOMCs in Category 2
will be revalidated through a single letter that reaffirms the validity of a previously issued LOMC; the letter
will be sent to your community shortly before the effective date of the revised FIRM and will become
effective 1 day after the revised FIRM becomes effective. For the LOMCs listed in Category 4, we will
review the data previously submitted for the LOMA or LOMR request and issue a new determination for
the affected properties after the revised FIRM becomes effective.
The FIRM and FIS report for your community have been prepared in our countywide format, which means
that flood hazard information for all jurisdictions within Hennepin County has been combined into one
FIRM and FIS report. When the FIRM and FIS report are printed and distributed, your community will
receive only those panels that present flood hazard information for your community. We will provide
complete sets of the FIRM panels to county officials, where they will be available for review by your
community.
The FIRM panels have been computer-generated. Once the FIRM and FIS report are printed and
3
distributed, the digital files containing the flood hazard data for the entire county can be provided to your
community for use in a computer mapping system. These files can be used in conjunction with other
thematic data for floodplain management purposes, insurance purchase and rating requirements, and many
other planning applications. Copies of the digital files or paper copies of the FIRM panels may be
obtained by calling our FEMA Map Information eXchange (FMIX), toll free, at 1-877-FEMA-MAP (1-
877-336-2627). In addition, your community may be eligible for additional credits under our Community
Rating System if you implement your activities using digital mapping files.
If your community is encountering difficulties in enacting the necessary floodplain management measures
required to continue participation in the NFIP, we urge you to call the Director, Federal Insurance and
Mitigation Division of FEMA in Chicago, Illinois, at (312) 408-5500 for assistance. If you have any
questions concerning mapping issues in general or the enclosed Summary of Map Actions, please call our
FEMA Map Information eXchange (FMIX), toll free, at 1-877-FEMA-MAP (1-877-336-2627).
Additional information and resources your community may find helpful regarding the NFIP and floodplain
management, such as The National Flood Insurance Program Code of Federal Regulations, Answers to
Questions About the National Flood Insurance Program, Frequently Asked Questions Regarding the
Effects that Revised Flood Hazards have on Existing Structure, Use of Flood Insurance Study (FIS) Data
as Available Data, and National Flood Insurance Program Elevation Certificate and Instructions, can be
found on our website at http://www.floodmaps.fema.gov/lfd. Paper copies of these documents may also be
obtained by calling our FMIX.
Sincerely,
Luis Rodriguez, P.E., Chief
Engineering Management Branch
Federal Insurance and Mitigation Administration
Enclosure:
Final Summary of Map Actions
cc: Community Map Repository
Mike Mornson, City Manager, City of Hopkins
FINAL SUMMARY OF MAP ACTIONS
Community:
SOMA-2
Community No: 270166 HOPKINS, CITY OF
To assist your community in maintaining the Flood Insurance Rate Map (FIRM), we have
summarized below the previously issued Letter of Map Change (LOMC) actions (i.e., Letters of Map
Revision (LOMRs) and Letters of Map Amendment (LOMAs)) that will be affected when the revised
FIRM becomes effective on November 4, 2016.
1. LOMCs Incorporated
The modifications effected by the LOMCs listed below will be reflected on the revised FIRM. In
addition, these LOMCs will remain in effect until the revised FIRM becomes effective.
New
Panel Old
Panel Project Identifier Date
Issued Case No. LOMC
NO CASES RECORDED
2. LOMCs Not Incorporated
The modifications effected by the LOMCs listed below will not be reflected on the revised FIRM
panels because of scale limitations or because the LOMC issued had determined that the lot(s) or
structure(s) involved were outside the Special Flood Hazard Area, as shown on the FIRM. These
LOMCs will remain in effect until the revised FIRM becomes effective. These LOMCs will be
revalidated free of charge 1 day after the revised FIRM becomes effective through a single
revalidation letter that reaffirms the validity of the previous LOMCs.
LOMC Case No. Date
Issued Project Identifier Old
Panel
New
Panel
LOMA 96-05-100A
1045 HIAWATHA AVENUE 2600110039C 27053C0342F 03/12/1996
LOMR-F 96-05-668A
LOT 1, BLOCK 1 - AUBURN NORTH 2701660001C 27053C0342F 03/14/1996
LOMA 01-05-2307A
427-429 BLAKE ROAD 2701660001C 27053C0342F 06/13/2001
LOMA 03-05-1055A
PORTION OF LOTS 1-3, MINNEHAHA OAKS
SUBDIVISION--517 HIAWATHA AVENUE 2701660001C 27053C0342F 12/26/2002
LOMA 05-05-2007A
NINE MILE COVE & NINE MILE COVE 2ND
ADDITION 27053C0342E 27053C0341F
27053C0342F
03/11/2005
LOMA 05-05-1970A
REGISTERED LAND SURVEY NO. 1250, TRACTS
B & C--819 CAMBRIDE STREET 27053C0342E 27053C0342F 03/11/2005
LOMA 06-05-BC40A
409 HIAWATHA AVENUE (MN) 27053C0342E 27053C0342F 04/18/2006
LOMA 09-05-1402A
AUDITOR'S SUBDIV NO. 239, PORTION OF LOT
70 -- 1309 & 1313 LAKE STREET NE 27053C0342E 27053C0342F 02/12/2009
Page 1 of 2 4/21/2016
FINAL SUMMARY OF MAP ACTIONS
Community:
SOMA-2
Community No: 270166 HOPKINS, CITY OF
LOMC Case No. Date
Issued Project Identifier Old
Panel
New
Panel
LOMA 10-05-5592A
Lot 14, Block 1, Bellgrove Subdivision - 28 Saint
Albans Road West 27053C0333E 27053C0333F 07/13/2010
LOMA 13-05-1971A
A PORTION OF LOT 70, AUDITOR'S
SUBDIVISION NUMBER 239 -- 1317 LAKE
STREET NORTHEAST 27053C0342E 27053C0342F 01/15/2013
3. LOMCs Superseded
The modifications effected by the LOMCs listed below have not been reflected on the Final revised
FIRM panels because they are being superseded by new detailed flood hazard information or the
information available was not sufficient to make a determination. The reason each is being
superseded is noted below. These LOMCs will no longer be in effect when the revised FIRM
becomes effective.
LOMC Case No. Date
Issued Project Identifier Reason Determination
Will be Superseded
LOMR 07-05-4704P
PARK NICOLLET LOMR (MN) 09/28/2007 4
1. Insufficient information available to make a determination.
2. Lowest Adjacent Grade and Lowest Finished Floor are below the proposed Base Flood Elevation.
3. Lowest Ground Elevation is below the proposed Base Flood Elevation.
4. Revised hydrologic and hydraulic analyses.
5. Revised topographic information.
4. LOMCs To Be Redetermined
The LOMCs in Category 2 above will be revalidated through a single revalidation letter that
reaffirms the validity of the determination in the previously issued LOMC. For LOMCs issued for
multiple lots or structures where the determination for one or more of the lots or structures has
changed, the LOMC cannot be revalidated through this administrative process. Therefore, we will
review the data previously submitted for the LOMC requests listed below and issue a new
determination for the affected properties after the effective date of the revised FIRM.
LOMC Case No. Date
Issued
Old
Panel
New
Panel Project Identifier
NO CASES RECORDED
Page 2 of 2 4/21/2016