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1998-02BILL NO. 1998-2 AN ORDINANCE AMENDING SECTIONS 835.03, SUBDIVISION 2; 835.05; AND 720.19 OF THE CITY CODE OF THE CITY OF RICHFIELD; AND AMENDING SECTIONS 526.43 AND 541.19 OF THE ZONING CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 835, Bodies of Water, Subsection 835.03 entitled Definitions, Subd. 2 of the ordinance code of the City of Richfield City Code is hereby amended to read as follows: Subd. 2. "Bodies of water" means Richfield Lake, Wood Lake, Legion Lake, Mother's Lake, and all other lakes, streams, ponds, wetlands, marshes, water courses, and bodies of water situated in whole or in part within the city, and any lands immediately adjacent to or abutting the bodies of water including the 100-year flood plain of the bodies of water. Section 835, Bodies of Water, Subsection 835.05 entitled General Rule, Subd. 2 of the ordinance code of the City of Richfield City Code is hereby amended to read as follows: Subd. 2. Exceptions. This section does not apply to the following: (a) the placing of any obstruction as part of a planned development which has been authorized in accordance with this code^provided such obstruction is not inconsistent with the city's comprehensive surface water management plan or has received a variance from appropriate water management organization as necessary; (b) an obstruction made in accordance with a permit issued by the department of natural resources of the state of Minnesota for the dredging, excavation, or lake level or shore line change of a body of water provided such obstruction is not inconsistent with the city's comprehensive surface water management plan or has received a variance from the appropriate water management organization as necessary; or ~c) an obstruction in which the 100-year flood plain storacre volume lost is compensated for within the same 100-year flood plain by expanding the existing 100-year flood plain volume in another location; or {~} ~ an obstruction placed pursuant to a variance granted in the case of unique hardship to property by the Council acting as the board of adjustments and appeals pursuant to the zoning code provided such obstruction is not inconsistent with the city's comprehensive surface water management plan or has received a variance from the appropriate water management organization as necessary. Section 720, Storm Sewer System, Subsection 720.19 entitled Drainage and erosion control, Subdivision 1 of the ordinance code of the City of Richfield is hereby amended to read as follows: Bill IVo. 1998-2 -2- Subdivision 1. Drainage plan. In the development, improvement or alteration of land, the direction, quantity or quality of drainage shall not be changed unless plans for the development are submitted to the city engineer and are found to be in compliance with the city's comprehensive surface water management plan or have received a variance from the appropriate water management organization as necessary. Run-off shall be properly channeled into a storm drain, watercourse, ponding area or other public facility. Section 526, Zoning: Commercial Districts, Subsection 526.43 entitled Site Plan Approval, Subd. 2 of the Richfield Zoning Code is hereby amended to read as follows: Subd. 2. Approval required. It shall be unlawful to do any of the following within the C-3 District without first obtaining site plan approval: a) construct a building; b) move a building to any lot; c) expand or change the use of a building or lot or modify a building, accessory structure, or site or land feature in any manner which results in a different intensity of use, including the requirement for additional parking; d) grade or take other actions to prepare a lot for development, except in conformance with a permit or an approved plan which complies with the citYs comprehensive surface water management plan or has received a variance from the appropriate water management organization as necessary; or e) remove earth, soils, gravel, or other natural material from or place the same on a lot, except in conformance with a permit or an approved plan which complies with the city's comprehensive surface water management plan or has received a variance from the appropriate water management organization as necessary. Section 541, Zoning: Performance Standards, Subsection 541.19 entitled Stormwater Management of the Richfield Zoning Code is hereby amended to read as follows: 541.19. Storm water management. All new and modified developments shall comply; with the City's comprehensive surface water ~t'erm~ management plan as administered through the r'+„ ~^^~^°°r'°~'~~° office of the Director of Public Works or receive a variance from the appropriate water management organization as necessary. Passed by the City Council of the City of Richfield, Minnesota this 26th day of January, 1998. ATTEST: J~ ~" = Thomas P. Ferber, City Clerk ~_ ~ •, ,~ ~,_, ~ ~ i ~,. r r_ ~. ~ ~~ ~` v r-",'1 -~ r~ : d ~, _ - Martin J. Kifrsct; Mayor ATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) Doug Dance uSUN PUBUCAIIONS Sun•CURent Sun•POet Sun•Shcw AFFIDAVIT OF PUBLICATION being duly sworn on an oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Sun-Current are stated below. and has full knowledge of the facts which (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The Bill No. 1998-2 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive weeks; it was first published Wednesday the '4' day of February 19 98, and was :eafter printed and published on every to and including ,the day of 19 , and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgrstuvwxyz /' r BY: ~_ ,,~ TITLE: P-U b 11 S h e r _ _ Acknowledged before me on this `4 day of February ,is 98. ~. '~ d Notary Public VICTORIA H. BROU-LLETTE ~ _ NOTARY PUB4IC--MINNESOTA ~~~~ MY cOMD41SSION EXPIFES 1.31.2000 RATE INFORMATION owest classified rate paid by commercial users $ 2.55 per line or comparable space _, aximum rate allowed by law for the above matter $ 6.20 per line (3) Rate actually charged for the above matter $ 1.24 per line City of Richfield (Official Publication) BILL NO. 1998-2 AN ORDINANCE AMENDING SECTIONS 835.03, SUBDIVISION 2; 835.05; AND 720.19 OF THE CITY CODE OF THE CITY OF RICHFIELD; AND AMENDING SECTIONS 526.43 AND 541.19 OF THE ZONING CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 835, Bodies of Water, Subsection 835.03 enti- tled Definitions, Subd. 2 of the ordinance code of the City of Richfield City Cade is hereby amended to read as fol- lows: Subd. 2. "Bodies of water" means Richfield Lake, Wood Lake, Legion Lake, Mother's Lake, and all other lakes, streams, ponds, wetlands, marshes, water courses, and bodies of water situated in whole or in part within the city, and any lands immediately adjacent to or abutting the bodies of water,includine the 100-vear flood plain of the bodies of water. Section 535, Bodies of Water, Subsection 835.05 enti- tled General Rule, Subd. 2 of the ordinance code of the City of Richfield City Code is hereby amended to read as follows: Subd. 2. Exceptions. This section does not apply to the following: fa) the placing of any obstruction as part of a planned development which has been authorized in accordance with this code, provided such obstruction is water manaeement plan or hoc r ceiv d a varian from appropriate water manaeement oreanization as neces- S.;3i'X: (b) an obstruction made in accordance with a permit issued by the department of natural resources of the state of Minnesota for the dredging, excavation, or lake level or sliore line change of a body of water, provided such obstruction is not incon i tent with the with the city's comprehensive surfac water manag m n . Ian or has received a variance from th appropriate water m^n- ggement organization as necesc~yr ; or (cZ an obstruction in which the 100-vear flood plain volume lost is compensated for within the ame 100-year food plain by expanding the existing 100-vear flood plain volume in another location or (e) (~ an obstruction placed pursuant to a variance granted in the case of unique hardship to property by the Council acting as the board of adjustments and appeals pursuant to the zoning code, provided such obstruction is not inconsistent with the city's comer .h .n iv c Urfa water management elan or has received a varianc from the appropriate water manaeement oreanization as nec- Section 720, Storm Sewer System, Subsection 720.19 entitled Drainage and erosion control, 'Subdivision 1 of the ordinance code of the City of Richfield is hereby amended to read as follows: Subdivision 1. Drainage plan. In the development, improvement or alteration of land, the direction, quantity or quality of drainage shall not be changed unless plans for the development are submitted to the city engineer, and are found to he in compliance with the city's comnre- neusrve surace waver managemen~pian or nave mcerve~ a variance from the apprnpri ite wa ,r management orea- nization as necessa~. Run-off shalt be properly chan- neled into a storm drain, watercourse, ponding area or other public facility. Section 526, 'Coning: Commercial Distrjcts, Subsection 526.43 entitled Site Plan Approval, Subd. 2 of the Richfield Zoning Code is hereby amended to read as follows: Subd. 2. Approval required. It shall be unlawful to do any of the following within the C-3 District without first obtaining site plan approval: a) construct a building; b) move a building to any lot; c) expand or change the use of a building or lot or modify a building, accessory structure, or site or land feature in any manner which results in a different intensity of use, including the require- ment for additional parking; d) grade or take other actions to prepare a lot for development, except in conformance with a per- mit or an approved plan which complies with the city's comprehensive surface water manag m nt plan or has received a variance from the aopro- s : or e) remove earth, soils, gravel, or other natural