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ZN90-4 Ordinance Change - Definitions \ � Y O G � . J+ ti 5 � May 18, 1990 � P " � N Planning Report ZN:90-4 ORDINANCE CHANGE - DEFINITIONS Proposed Action. Staff recommends approval of the following motion: Move to adopt Resolution Z90-9 recommending approval of Ordinance 90-682 changinq certain definitions relatina to the flood plain Approval of this motion will change definitions as recommended by the Department of Natural Resources. overview. A few months ago a new flood plain ordinance was approved by the City Council. The flood plain ordinance was changed because the DNR determined that the existing flood plain ordinance was minimally non- compliant due to recent changes to federal requirements of the National Flood Insurance Program. The new flood plain ordinance was copied from a sample ordinance supplied by the DNR. The DNR has reviewed the new ordinance and is requiring that three definitions be changed. The DNR has indicated that the three existing definitions need to be changed to their language for state approval. .-� Staff is recommending approval of the new language so the flood plain ordinance will receive state approval. Primary Issues to Consider. o What are the consequences if the definitions are not changed? o Why were not all the definitions changed when the flood plain ordinance was changed? o Will the new definitions change the meaning of the existing definitions? o What is the purpose of the Flood Plain Ordinance? supportinq Documents. o Detailed Background o Analysis of Issues o Alternatives o Ordinance No. 90-682 o Resolution No. Z90-9 ,,� � �� � Nancy . Anderson Planne'� --� --� ZN: 90-4 Page 2 Detailed Backqround. The following are the existing zoning ordinance definitions: Basement: a portion of a building partly underground, but having less than half of the floor to ceiling height below the average grade of the adjoining ground. Structure: anything constructed or erected on, or connected to the ground. Use - conditional: occupations, vocations, skills areas, businesses, professions, or uses specifically designated in each zoning use district which for their respective conduct, exercise or performance in such desigr�ated use districts may require reasonable but special, peculiar, unusual or extraordinary limitations, facilities, plans, structures, thoroughfares, conditions, modification or regulations in such use district for the promotion or preservation of the general public welfare, health, convenience or safety therein and in the city, and therefore may be permitted in such use district only by a conditional use permit. � Primary Issues to Consider. o What are the consequences if the definitions are not changed? If the definitions are not changed the DNR will not give State approval of the Citys Flood Plain Ordinance and the City will not be eligible in the National Flood Insurance Program. o Why were not all the definitions changed when the flood plain ordinance was changed? The City received a sample flood plain prdinance which was copied almost in its entirety as provided. There were some definitions that were new which were included. There were also some definitions that the existing zoning ordinance had and the language was very similar to the sample ordinance. Many of the existing definitions that were similar to the sample ordinance were not changed during this initial revision stage. Now the DNR wants three definitions changed to their language. o Will the new definitions change the meaning of the existing definitions? ,--, The new definitions are very similar to the existing definitions. The new definitions will not change the meaning of the existing definitions. --� ZN: 90-4 Page 3 o What is the purpose of the Flood Plain Ordinance? The intent of the Flood Plain Ordinance is to minimize any potential damage when a flood occurs by regulating the uses and development along the flood plain. Alternatives. 1. Approve the zoning amendment for new definitions. By approving the new definitions the DNR will certify the flood plain ordinance and the City will be eligible for the National Flood Insurance Program. 2 . Deny the zoning amendment for new definitions. By denying the new definitions the DNR will not certify the flood plain ordinance and the City will not be eligible for the National Flood Insurance Program. 3 . Continue for further information. If the Commission feels that further information is needed the item should be continued. . ,-� r� --� CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 90-6-82 ORDINANCE CHANGING CERTAIN DEFINITIONS IN THE ZONING ORDINANCE BE IT ORDAINED by the City Council of the City of Hopkins as follows: That the Hopkins Zoning Ordinance No. 515 be and the same is hereby enacted and adopted in place thereof the following subsections: Subd. 12 . 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. Subd. 110. Structure: anything constructed or erected on the ground or attached to the ground or no-site utilities, including, but not limited to, buildings. factories, sheds. detached garages, cabins, manufactured homes, travel trailers/vehicles not meeting the exemption criteria specified in section 545. 06 subd. 5. of the ordinance and other similar items. � � Subd. 115. Use - conditional: a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (1) certain conditions as detailed in the zoning ordinance exist and (2) the structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. That the presently existing Hopkins Zoning Ordinance 515-570 is hereby amended and changed in accordance with the above provision. First Reading: June 5, 1990 Second Reading: June 19, 1990 Date of Publication: July 4 , 1990 Date Ordinance Takes Effect: July 24, 1990 -� Nelson W. Berg, Mayor ATTEST: James A. Genellie, City Clerk — CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: Z90-9 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF ORDINANCE AMENDING DEFINITIONS TO THE FLOOD PLAIN WHEREAS, an amendment, Ordinance No. 90-682 changing certain definitions relating to the flood plain is recommended for approval. WHEREAS, the procedural history of the amendment is as follows: - 1. That an amendment changing certain definitions relating to the flood plain has been proposed by the Department of Natural Resources. 2 . That the Hopkins Planning Commission reviewed such amendment on May 29, 1990. 3 . That the Hopkins Planning Commission, pursuant to published notice, held a public hearing on May 29, 1990: all persons present at the hearing were given an opportunity to -� be heard. 4 . That the written comments and analysis of the City Staff and the Planning Commission were considered. NOW THEREFORE BE IT RESOLVED, that the proposed amendment to the Flood Plain hereby recommended for approval subject to the following Findings of Fact: 1. That the Minnesota Department of Natural Resources has required the c$ange in definitions. Adopted this 29 day of May 1990. Toni Richardson, Chair --�