4.b Staff Report Meeting Date: 9/1/2009
Agenda Item:
b ct,c_
Planning Commission/ City Council
Agenda Report
City of Scandia
14727 209th St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Hold a public hearing on an Amendment to the Scandia Development
Code, Chapter 6, Floodplain Management Regulations (Draft
Ordinance No. 118).
Deadline/ Timeline: Amendments must be in place by February 3, 2010 to maintain
participation in the National Flood Insurance Program (NFIP.)
Minnesota DNR requests submission by November 3, 2009 for their
required review.
Background: • Scandia's Floodplain Management Regulations were adopted in
March of 2009. They were based on the FEMA (Federal
Emergency Management Agency) Flood Insurance Study and
Flood Insurance Rate Maps (FIRMs) prepared in 1981 and 1982.
• FEMA began the process of updating their study and the FIRMs
several years ago. That process is now concluding, and the new
study and maps will become effective on February 3, 2010. All
Washington County communities have been notified that they
must amend their regulations to reference the new study and maps
by that date or be suspended from the NFIP.
• The Minnesota DNR is responsible for reviewing floodplain
regulations before they are submitted to FEMA for approval.
DNR staff provided technical assistance with the 2008 ordinance,
and reviewed it to determine what amendments are needed to
comply with the new study.
• The attached ordinance was drafted based on their review.
Changes to only a few paragraphs are needed. The amendments
are show in redlined format, with additions underlined and
deletions crossed out. DNR staff has already given conditional
approval of the amendment.
Recommendation: I recommend that the Planning Commission hold the public hearing
and that the Council adopt the ordinance. After the DNR's approval,
the ordinance would be published and become effective on February
3, 2010, the same date as the FEMA study and FIRMs.
Page 1 of 2
08/25/09
Attachments/ • Draft Ordinance No. 118, Amendment to Floodplain Management
Materials provided: Regulations
• Letter dated August 3, 2009 from FEMA
• Letter dated August 7, 2009 from Minnesota Department of
Natural Resources
• Letter dated August 25, 2009 from Minnesota Department of
Natural Resources
Contact(s):
Prepared by: Anne Hurlbut, Administrator
(floodplain regulations amendment)
Page 2 of 2
08/25/09
CITY OF SCANDIA
ORDINANCE NO. 118
AN ORDINANCE AMENDING CHAPTER 6 OF THE DEVELOPMENT CODE
OF THE CITY OF SCANDIA PERTAINING TO
FLOODPLAIN MANAGEMENT REGULATIONS
The City Council of the City of Scandia hereby ordains:
Section 1. AMENDMENT. Chapter 6, Section 2.2 of the Development Code of the
City of Scandia shall be amended to read as follows:
2.2 Establishment of Official Zoning Map. The Flood Insurance Study for-Washington
County, Minnesota And Incorporated Areas and Flood Insurance Rate Map Panels therein
numbered 27163C0045E, 27163C0065E, 27163C0067E,27163C0069E, 27163C0070E,
27163C0086E, 27163C0132E, 27163C0134E, 27163C0151E, 27163C0152E,
27163C0153E, 27163C0154E, 27163C0157E, 27163C0159E, and 27163C0160E, all dated
February 3, 2010 and prepared by the Federal Emergency Management Agency dated
November 17, 1981, and the Flood 11}s,u-ratice Rate Map (C-ommunity Panel Number
, _ are hereby adopted by reference and declared to be a
part of the Official Zoning Map, as established by Chapter 2, Section 1.1 of the Scandia
Development Code and this Chapter. The Official Zoning Map shall be on file in the
Office of the City Clerk and the Building Official.
Section 2. AMENDMENT. Chapter 6, Section 2.8 (20) of the Development Code of
the City of Scandia shall be amended to read as follows:
(20) 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 9.1 (1) of this Chapter and other similar
items.
Section 3. AMENDMENT. Chapter 6, Section 3.1 of the Development Code of the
City of Scandia shall be amended to read as follows:
3.1 Districts. The floodplain areas within the jurisdiction of this Chapter are hereby divided
into three Districts:
(1) Floodway District. The Floodway District shall include those areas shown on the
Flood Insurance Rate Map as adopted in Section 2.2 as being within Zone A or Zone
AE and that are at or below the ordinary high water elevation of public waters lakes or
public waters wetlands basins as defined in Minnesota Statutes, Section 103G.005,
subdivision 14.
accordance with Section 6.2.
Draft Ordinance No. 118
(2) Flood Fringe District. The Flood Fringe 11 istrict-shall include those aruas designated as
floodway fringe. The Flood Fringe District shall include those areas shown within
Zones A. AE, AU. or AH on the Flood Insurance Rate Map adopted in Section 2.2 but
being located above the ordinary high water level of public waters lakes and public
waters wetlands as defined in Minnesota Statutes,Section 103G.005, subdivision 14
and below the 100-year flood elevation. For the S-t. Croix River t-he flood fringe shall
(3) General Flood Plain District. The General Flood Plain District shall include those
areas designated as Zone AE for the St. Croix River and all Zone A. or Zones AF, AU.
or AH without a floodway areas on the Flood Insurance Rate Map adopted in Section
2.2.
Section 4. AMENDMENT. Chapter 6, Section 6.2 (2) of the Development Code of the
City of Scandia shall be amended to read as follows:
(2) The applicant shall be responsible to submit one copy of the above information to a
designated engineer or other expert person or agency for technical assistance in
determining whether the pros;z use is in the Floodway or Flood Fringe District and
to determine the regulatory flood ,, -ction elevation. Procedures consistent with
Minnesota Regulations 1983, Parts 6120.5000 - 6120.6200 and 44 Code of Federal
Regulations Part 65 shall be followed in ibis expert evaluation. The designated
engineer or expert is strongly encouraged to discuss the proposed technical evaluation
methodology with the respective Department of Natural Resources' Area Hydrologist
prior to commencing the analysis. The designated engineer or expert shall:
(A) Estimate the peak discharge of the regional flood.
(B) Calculate the water surface profile of the regional flood based upon a hydraulic
analysis of the stream channel and overbank areas.
(C) Compute the floodway necessary to convey or store the regional flood without
increasing flood stages more than 0.5 foot. A lesser stage increase than .5' shall
be required if, as a result of the additional stage increase, increased flood
damages would result. An equal degree of encroachment on both sides of the
stream within the reach shall be assumed in computing floodway boundaries.
For the mapped lake and wetland basins within the City of Scandia as
shown on the Flood Insurance Rate Map Panels adopted in Section 2.2 of this
Chapter, the floodway shall be that area of the floodplain below the°Ordinary
1iHigh wWater level, as defined in Minnesota Statute,Section 103G.005,
subdivision 14.
2
Draft Ordinance No, 118
Section 5. EFFECTIVE DATE.
This ordinance shall become effective on February 3, 2010.
Passed and adopted by the City Council of the City of Scandia this 1st day of September, 2009.
Dennis D. Seefeldt, Mayor
ATTEST:
Anne Hurlburt, ClerldAdministrator
3
R 9 Federal Emergency Management Agency
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„'�� Washington, D.C. 20472
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CERTIFIED MAIL IN REPLY REFER TO:
RETURN RECEIPT REQUESTED 19P
August 3, 2009
The Honorable Dennis Seefeldt Community: City of Scandia,
Mayor. City of Scandia Washington County,
13809 Scandia Trail Minnesota
Scandia, MN 55073 Community No.: 270582
Map Panels Affected: See FIRM Index
Dear Mayor Seefeldt:
This is to formally notify you of the final flood elevation determination for the City of Scandia.
Washington 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 elevations 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 May 17, 1982, 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 subject to inundation by the base (I-percent-annual-chance) flood, in your community,
Recently, FEMA completed a re-evaluation of flood hazards in your community, On November 30, 2007_
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 (BEES). The proposed
BFEs for your community were published in the St. Paul Pioneer Press on April 16, 2008, and April 23,
2008, and in the Federal Register_ at Volume 73, No. 65, Pages 18248 through 18250, on April 3, 2008.
The statutory 90-day appeal period, which was initiated on the second newspaper publication date cited
above, has ended. FEMA did not receive any appeals of the proposed BFEs during that time.
Accordingly, the BFEs for your community are considered final. The final rule for BEES will be published
in the Federal Register as soon as possible, The FIRM for your community will become effective on
February 3, 2010, Before the effective date, FEMA will send you final printed copies of the FIS report and
FIRM.
Because the FIS report establishing the BFEs 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 February 3, 2010, 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(c) of
the 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 he emphasized that all the standards specified ill Paragraph 60.3(c) of the NFIP regulations must be
enacted in a legally enforceable document. This includes adoption of the current effective FIS report and
FIRM 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:
1. Amending existing regulations to incorporate any additional requirements of Paragraph 60,3(c);
2. Adopting all the standards of Paragraph 60.3(c) into one new, comprehensive set of regulations; or
3, Showing evidence that regulations have previously been adopted that meet or exceed the minimum
requirements of Paragraph 60.3(c).
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 report and FIRM to manage development in the floodplain,
FEMA will use the FIS report and FIRM to establish appropriate flood insurance rates. On the effective
date of the revised FIRM, actuarial rates for flood insurance will he charged for all new structures and
substantial improvements to existing structures located in the identified SFHAs, 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 reviewed our records to determine if any previous
Letters of Map Change (i.e.. Letters of Map Amendment, Letters of Map Revision) will be superseded
when the revised FIRM becomes effective. According to our records, no Letters of Map Change were
issued previously.
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 Washington 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
distributed, the digital files containing the flood hazard data for the entire county can he 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 he
obtained by calling our Map Service Center, toll free, at 1-800-358-9616. 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) 408-5529 for assistance. If you have any
questions concerning mapping issues in general, please call our Map Assistance Center, toll free, at
1-877-FEMA MAP (1-877-336-2627). Additional information and resources your community may find
3
helpful regarding the NI~IP and tloodplain management, such as Tfrc National Flood Insurance Program
Code of Federal Regulations, Answers to Questions About the National Flood Insrmance Program,
Frequently Asked Questions Regarding the EffCcts that Revised Flock! Hazards have on Esisting Structure,
Use o/flood Insurance ,Studv (EIS) Data as Available Data, and ,National Flood histrranee Prograru
Elei'ation C'crtilicatc and Instructions, can be found on our website at
http://ww\\.1100dmaps.lema.gov/Ifd. Paper copies of these documents may also be obtained by calling our
Map Assistance Center.
Sincerely.
UI/,/60t.: ",
William R. Banton tr., CFM, Chief
Engineering Management Branch
Mitigation Directorate
cc: Community Map Repository
tom Peterson, City Engineer, City of Scandia
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August 7, 2009
The Honorable Dennis Seefeldt, Mayor
City of Scandia
14727 209th Street No.
Scandia, MN 55073
Dear Mayor Seefeldt:
WASHINGTON COUNTY FLOOD INSURANCE STUDY (ALL JURISDICTIONS)
You should have recently received a Letter of Final Determination (LFD) from the Federal
Emergency Management Agency (FEMA)dated August 3, 2009. This LFD explained that the
report entitled "Flood Insurance Study, Washington County, Minnesota And Incorporated
Areas," and the accompanying flood insurance rate map panels, will become effective on
February 3, 2010 (which is 6 months from the date of the LFD).
This letter is intended to address the statement in the LFD that advised your community to adopt
floodplain regulations compliant with 44 Code of Federal Regulations, Section 60.3 by the
February 3, 2010 study/map effective date.. As the State Coordinating Agency for the National
Flood Insurance Program (NFIP), DNR Waters' staff person Craig Wills from our Central
Regional Office will be providing direct assistance to your community during this 6-month
floodplain ordinance adoption period.
Mr. Wills will advise your staff whether your community should adopt an entirely new
floodplain ordinance or amend the floodplain regulations already in existence in your
community. I strongly encourage your community to contact Mr. Wills as soon as possible to
initiate this process so as to prevent your community from being suspended from the National,
Flood Insurance Program should you not meet the 6-month deadline.
We strongly encourage your community to submit a draft floodplain ordinance/ordinance
revision to Mr. Wills no later than November 3, 2009 (which is the midpoint of the 6-month
adoption period). This allows time for our review/approval, your community to complete the
adoption/publication process and for an adopted/certified copy of the ordinance to be sent to the
Federal Emergency Management Agency's Chicago Regional Office in Chicago no later than the
study/map effective date.
DNR Information: 651-296-6157 • 1-888-646-6367 • TTY: 651-296-5484 • 1-800-657-3929
.4.111. Printed on ReQclecl Paper Containing a
An Equal Opporumn Filn)10 Cr
V.40 Minimum of Itn,,, Po,i-Con,umer Wane
The Honorable Dennis Seefeldt
August 7, 2009
Page 2
If FEMA follows its normal practice, your community should be receiving a hard copy of
the flood insurance study text and the respective flood insurance rate map panels for your
community by approximately December 3, 2009. Some communities have expressed
their concern that they must have the final study/maps in their possession when they
initiate the ordinance adoption/amendment process. Therefore, we have made arrange-
ments with FEMA and we anticipate placing an electronic version of the final flood
insurance study text and flood insurance rate map panels on our ftp site at
ftp://ftp.dnr.state.mn.us/pub/waters/floodplain/County data/Washington within 30 days of this
letter.
The FEMA has advised us that, without exception, a community will be suspended from the
National Flood Insurance Program if the required floodplain ordinance documents are not
received by their Chicago Regional Office by the study/map effective date. A suspended
community may be reinstated at a later date upon the community: 1) submitting the required
floodplain ordinance language; and 2) either documenting that no improper floodplain
development has occurred since the study/map effective date or demonstrating that any improper
floodplain development has been properly mitigated. During the suspension period, no flood
insurance policies could be written or renewed in a suspended community. This would have a
serious impact on people exposed to flood damage or those who are trying to purchase homes in
designated 100-year floodplain where flood insurance is a requirement of the loan.
Mr. Wills' mailing address is DNR Waters, 1200 Warner Road, St. Paul, MN, 55106. Please
feel free to contact Mr. Wills at any time at (651) 259 -5757 should you wish to discuss this
further.
Sincerely,
DNR Waters
Ceil Strauss, CFM
State Coordinator, National Flood
Insurance Program
C: Anne Hurlburt, City Administrator
Jennifer Scholl, FEMA
Dale Homuth
Craig Wills
Minnesota Department of Natural Resources Minnesota
DNR Waters - 1200 Warner Road, St. Paul, MN 55106-6793
Telephone: (651) 259-5845 Fax: (651) 772-7977
Il
DEPARTMENT OF
NATURAL RESOURCES
August 25, 2009
The Honorable Dennis Seefeldt
Mayor,City of Scandia
Scandia Community and Senior Center
14727 209th St.N.
Scandia,MN 55073
Dear Mayor Seefeldt:
We received a proposed floodplain management ordinance for the City of Scandia from Anne Hurlburt, City Administrator,
via email on August 18,2009. This proposed floodplain ordinance is being adopted to incorporate the revised Flood
Insurance Study,Washington County,Minnesota and Incorporated Areas, and the accompanying Flood Insurance Rate Map
Panels with an effective date of February 3, 2010,and also to adopt floodplain ordinance text revisions mandated by FEMA
for communities participating in the National Flood Insurance Program.
I am pleased to inform you that the above-cited draft floodplain management ordinance is in compliance with"Statewide
Standards and Criteria for Management of Floodplain Areas of Minnesota,"Minnesota Regulations,Parts 6120.5000 to
6120.6200. Therefore,in accordance with Minnesota Statutes,Chapter 103F,I hereby give conditional state approval of
the above-cited draft floodplain management ordinance.
After adoption,would you please provide Area Hydrologist Craig Wills at our Central Region Office with three(3)copies of
the completed Ordinance Certification Checklist(copy enclosed),along with three(3)certified copies of the document(s)
requested in the checklist. Upon receipt of these materials,we will make sure that one copy is submitted to Jennifer Scholl
at FEMA's Chicago Regional Office.
Please be advised that any future amendment of this ordinance or change in the designation of flood prone areas requires
prior approval of the Commissioner. You are also required to send copies of hearing notices and final decisions pertaining
to variances,conditional use permits, and ordinance amendments to this agency. Please send these notices directly to Area
Hydrologist Craig Wills at DNR Waters, 1200 Warner Road,St.Paul,MN 55106-6793. Please rely on Mr. Wills for day-
to-day assistance in administering your community's floodplain management ordinance. He can be reached at(651)259-
5757.
Your community's cooperation and initiative in providing for the reduction in flood damage through the adoption and
administration of this ordinance is greatly appreciated.
Sincere
Dale omuth
Regional Hydrologist
c:
FEMA Region 5,Jennifer Scholl MN DNR Flood Plain Program, Ceil Strauss,Tom Lutgen,
City of Scandia,Anne Hurlburt Salem Murtada
City of Scandia File MN DNR Area Hydrologist,Craig Wills
www.dnr.slole.mn.us
AN EQUAL OPPORTUNITY EMPLOYER
+el ill PRINTED ON RECYCLED PAPER CONTAINING A MINIMUM OF 1 O%POST CONSUMER WASTE