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CITY OF WOODBURY, MINNESOTA
Office of City Administrator
Council Letter No. 10-23
January 27, 2010
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TO: |
The Honorable Mayor and Members of the City Council |
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FROM: |
Clinton P. Gridley, City Administrator |
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SUBJECT: |
Public HearingOrdinance 1829 Floodplain Ordinance Amendment |
The City of Woodbury joined the National Flood Insurance Program (NFIP) in February 2001. The Federal Emergency Management Agency (FEMA) developed a preliminary countywide Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRMs) over several years that were released in December 2007. After eight years of work to produce the final FIS and FIRMs, FEMA released the final FIS and FIRMs on August 3, 2009 and notified the City that within six months from that date the FIS and FIRMs must be adopted.
In addition, FEMA requires that communities adopt appropriate floodplain regulations by the effective date of the FIRMs and FIS. City staff has prepared a floodplain ordinance appropriate for the City of Woodbury and consistent with federal regulations. The City received conditional approval of the ordinance from the Minnesota Department of Natural Resources (DNR) on December 22, 2009. The conditional approval requires that the ordinance, as written at the time of the DNR letter, be adopted with no changes. Upon approval by Council, the City’s FIS, FIRMs and ordinance will become effective on February 3, 2010; six months from the date the City received the Letter of Final Determination from FEMA.
The ordinance establishes floodplain zoning districts including the Floodway and Flood Fringe districts; provides permitted and conditional uses for the districts and standards for the uses; provides information related to the floodplain for subdivisions, public utilities and manufactured homes; establishes an administrative process for floodplain issues and a penalty process for noncompliance.
The existing ordinance text in Chapter 25, Floodplain, will be deleted in its entirety and replaced with the new floodplain ordinance language. The ordinance language was presented with the NFIP discussion at the January 13 council meeting. A summary of the ordinance will be published upon adoption by Council in the February 3 issue of the Woodbury Bulletin to satisfy the deadline requirements set by FEMA.
Staff recommends Council adopt the attached Ordinance amending Chapter 25, Floodplain of the City Code. Staff further recommends Council authorize staff to publish the Summary of the Floodplain Ordinance in the City’s designated official newspaper, the Woodbury Bulletin. It should be noted that a printed copy of the entire Ordinance will be available for inspection by any person during regular office hours at the City Administrator’s office.
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The final FIS and FIRMs produced by FEMA will become effective on February 3, 2010. Slightly more than 500 parcels are included in the flood hazard zones shown on the FIRMs, and 460 of these parcels are residential properties. The remaining properties are utilities, commercial properties and large rural or agricultural properties.
FEMA requires that communities adopt appropriate floodplain regulations by the effective date of the FIRMs and FIS. FEMA and the DNR have stated that without the appropriate ordinance in place by February 3, the City of Woodbury will be suspended from the NFIP. If a community is suspended, no flood insurance policies can be written or renewed within the community. Suspension also prohibits federally funded or regulated mortgage loans from being processed for properties shown in the flood hazard zone.
Starting with a strict model ordinance developed by the DNR for floodplain regulations in Minnesota that meets all FEMA requirements, staff worked for over four months to prepare a floodplain ordinance that was appropriate for the City of Woodbury and was consistent with federal regulations. The DNR’s original model ordinance included sections with regulations regarding flood hazard zones for rivers and streams. Extensive rewrites of the model ordinance were necessary for Woodbury, where only lake and wetland flood hazard zones are shown on the map. Highlights of the proposed ordinance are below.
One of the major features of the ordinance is the adoption of the FIRMs by reference. The FIRMs delineate the floodplain on citywide aerial photos. The floodplain is the area that may be covered by water during the 100-year flood. The ordinance divides the floodplain into two distinct areas, the floodway and the flood fringe.
For lakes and wetlands, the floodway is the area of the floodplain that is below the ordinary high water level. This area is typically wet and usually considered a part of the lake or wetland. The ordinance requires that floodway permitted uses have a low flood damage potential. Examples of permitted uses in the ordinance include farming, pasture, outdoor plant nurseries, boat ramps, swimming areas, parks, fishing areas and residential lawns.
The flood fringe is the area from the ordinary high water level to the 100-year flood elevation. The ordinance lists permitted uses as any uses or structures that are permitted in the underlying zoning district if the low floor of the structure is at least one foot higher than the 100-year flood elevation or if an accessory structure (if not at minimum elevation) meets flood proofing requirements. Alternative methods other than the use of fill (stilts, pilings, etc.) may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation as a conditional use in the flood fringe.
The ordinance also establishes a minimum amount of flood protection for all structures built after adoption of the ordinance. The ordinance sets the regulatory flood protection elevation so that the low floor of a structure is at a minimum one foot above the base flood (100-year) elevation.
Criteria for review of new subdivision applications are also included in the ordinance. The ordinance states that no land shall be subdivided that is unsuitable because of flooding. All lots within the floodplain must contain a building site outside of the floodway at or above the regulatory flood protection elevation. FEMA has established criteria for removing the flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. These standards will need to be investigated prior to site work if a change of flood hazard area designation is requested. This may be the case for new developments if grading significantly changes elevations around a wetland with an existing floodplain delineation.
The ordinance also contains standards for manufactured home and recreational vehicle parks. These parks are often near water features; therefore, language is included the model ordinance written by the DNR. The section does not currently apply to Woodbury and will likely not apply in the future, but the DNR and FEMA preferred that the language remain in the ordinance after a request to remove the language was submitted by City staff. The remainder of the ordinance contains details on administrative procedures for processing and enforcing the ordinance, penalties for violation and provisions for existing nonconforming uses.
PROJECT SCHEDULE
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February 2001 |
City joined NFIP |
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December 2007 |
City received the preliminary FIS and FIRMs from FEMA |
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April 2008 |
City submitted comments on FIRMs to FEMA |
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August 3, 2009 |
City received Letter of Final Determination from FEMA |
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February 3, 2010 |
Deadline for City adoption of floodplain ordinance, FIS and FIRMs |
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March 2010 |
Resident informational meetings will be held |
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Written By: |
Sharon Doucette, Environmental Resources Coordinator |
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Approved Through: |
Klayton Eckles, Engineering and Public Works Deputy Director / City Engineer |
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Attachments: |
Ord. 1829 - Chapter 25, Floodplain – Strikethrough VersionOrd. 1829 – Chapter 25, Floodplain – Final Version Ord. 1829 – Chapter 25, Floodplain – Ordinance Summary for Publication |