HomeMy WebLinkAbout6.e. Flood Plain OrdinanceCity of Rosemount
Executive Summary for Action
CITY COUNCIL MEETING DATE: November 3, 1992
AGENDA ITEM: Floodplain Ordinance
AGENDA SECTION:
NEW BUSINESS
PREPARED BY: Lisa Freese
AGEND�iT B
Director of Planning
1 G�V� 6-E
ATTACHMENTS: Notification Letter; Miscellaneous
APP YBY
Attachments.
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In 1990, the City received a new model floodplain ordinance from the
Minnesota Department of Natural Resources (DNR). This model ordinance was
negotiated by the Federal Emergency Management Agency (FEMA) and the DNR
to reflect changes in the federal regulations which were actually
effective since 1986. Because the City of Rosemount participates in the
National Flood Insurance Program, we are required to amend the flood plain
section in the Zoning Ordinance.
As a result of other priorities, particularly the Comprehensive Guide
Plan, the Planning Department has not been able to complete this
ordinance. The DNR has been patient with the City of Rosemount by
granting several extensions. However, last week FEMA notified the City
that they will be recommending that Rosemount be suspended from the
National Flood Insurance Program for failure to adopt the Flood Plain
Management ordinance.
FEMA staff indicated that the City of Rosemount will have 90 days from the
date of official notification by FEMA Headquarters to receive DNR approval
for our revised ordinance. The DNR has indicated that we should allocate
30 days for their review. This will require the City to complete the
Zoning Ordinance Text Amendment within 60 days. Planning staff estimates
that it will take approximately 35-50 hours of staff time to complete.
The ramifications for failure to comply are a severe burden to the
community and its citizens. Therefore, Planning staff would ask that the
City Council consider hiring a planning consultant to complete a draft
amendment for the City. The estimated cost for this type of project is
approximately $2,000. By using a consultant we will be able to ensure
completion of this project in a timely fashion without jeopardizing other
continuing priorities. I would ask that the City Council authorize the
Planning Department to obtain quotes on this task from planning
consultants for your approval at the November 17, 1992 meeting.
RECOMMENDED ACTION: A MOTION to authorize the Planning Department to
obtain quotes from planning consultants to update the City's Flood Plain
section of Ordinance B.
ICOUNCIL ACTION:
Federal Emergency Management Agency
Region V
175 West Jackson Blvd, 4th Floor
Chicago, IL 60604
Q G? 2 ? 1992
The Honorable Edward B. McMenony
Mayor, City of Rosemount
P.O. Box 510
Rosemount, Minnesota 55068
Dear Mayor McMenony:
The City of Rosemount has participated in the National Flood
Insurance Program (NFIP) since 1980, making property eligible for
the purchase of flood insurance. The City agreed to adopt and
maintain floodplain regulations that meet the minimum State and
Federal requirements.
The current Rosemount ordinance is obsolete. The City was notified
of that fact by letter dated February 13, 1990 from the Department
of Natural Resources (DNR). Despite repeated reminders from the
DNR, neither the DNR or FEMA has received a copy of the revised
ordinance.
Since' we have not received the revised ordinance, we are
recommending to our headquarters that Rosemount be suspended from
the NFIP for failure to adopt a compliant floodplain management
ordinance. You will be notified by our Washington office as to the
date suspension becomes effective.
Should you have any questions, please contact Jeanne Kern at (312)
408-5547 or your Area Hydrologist, Pat Lynch, at (618) 772-7910.
Sincerely,
Janet M. Odeshoo
Chief, Natural -:and Technological
Hazards Division
CC: Joe Gibson, DNR/Div of Water, Central Office
Pat Lynch, DNR, 1200 Warner Road, St Paul, MN 55106
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hazard areas. This includes all federal agenciessuch as HUD, FERC, the Small
Business Administration, EPA and others that maybe applicable.
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Federal disaster assistance cannot be provided in identified flood hazard areas.,
• Federal mortgage insurance will not be available for properties in the identified
flood hazard areas. This includes the FHA, VA, Farmers Home and others
• Restrictions can be placed on conventional loans in non -participating communities
since lenders are required to;
Notify buyers or lessees that a property is in a flood hazard area; arca
Notify buyers or lessees that property in flood hazard areas is not eligible for Federal
disaster relief when a disaster is declared.
• Actuarial rates for insurance will go into effect regardless of whether or not a
community participates in the program. Without a local floodplain ordinance,
insurance for unsafe and improper construction maybe prohibitively expensive. This
may create properties that are then unsaleable at a future date. This outcome would
be triggered by a community's re-entry into the National Flood Insurance Program
at a later date. Some reasons a community may wish to re-enter the program are:
Largershares of the local mortgage market usingFHA VA or Farmers Home forloans;
A new legislative body or the change in philosophies of an existing body may recognize
the value of participating in the program;
The community may desire to apply fora federal grant or loan to finance local projects;
A major disaster may trigger the financial need for disaster assistance; and,
Changes in local political initiatives and platforms.
• The local governing body may be liable since not participating in the program:
Denies the ability of its' citizens to purchase flood and related water damage
insurance; and,
Does not reduce the risk of life and property to flooding when authoritative scientific
and technological data exists to assist communities in managing flood prone areas. Up
to the present time there have been no court findings or rulings addressing this aspect
of non participation.
Reprints can be obtained from your Area Hydrologist or by contacting any floodplain management staff
at (612) 296-4800. Minnesota Department of Natural Resources -Division of Waters. April, 1989.
This document partially prepared through funding provided by:
The Federal Emergency Management Agency/Community Assistance Program
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Explanation 6fw1988ZCha0ges,jhn #e�',.�..,_
:�Sampl.e F.l oodpl ai n_ Zoning=0rdi nance
Z0Mwfor ,a,�
Local Government Unit
Section 1: No Changes
Section 2: Primary change was to definitions in Section 2.8. It was felt that
adding definitions of Conditional Use and variance would make the ordinance more
understandable (the definitions provided are consistent with the proposed
definitions to be provided in the consolidated planning and zoning statute under
considerations). These atwo,:def-_i n i ti ons.r are. -optional
A definition of "Basement" was added to essentially deal with enclosed, below
grade areas such as crawl spaces or non -residential -below grade enclosed areas.
If,these-types-of--belowa-grade-spaces =urea-allowed =for- new, construction/ add i ti ons-,
-then_'this=definition must be--added-along. with -the -standards -contained -in.
Sections 5.42 and 5.43.
Section 3: The compliance language was moved to Section 3.0 and expanded to
warn against the more common mistakes and oversights that are made by local
building code officials. This -language-isnot-mandatory ..but.strongly
recommended.
Section 4.0: The format of this section was revised to more clearly state which
uses are permitted or conditionally permitted and the applicable development
standards for each. This new format is recommended but not required. Other
changes to this section include:
-Provisions for regulating travel trailers and travel vehicles consistent..
with FEMA's new standards,(also_see,Section 9.3). �I•f;the�community allows-
trave- vehidles�not'meeting{-n6' Section 9 31 mthenathe.-
languages n-Sections'4375"56"and9:3Kor�somethingsimi l_a_rmustbe•
.J)r .:uded:�in-the-ire==ordinance:. - �
-Section 4.0, and specifically 4.38, was -amended to-r_ecoamend_ a maximum
10 -year flood height for agricultural levees that protected crops only.
-Section 4.44 was amended to require a long-term site and ultimate
development plan for uses requiring storage for significant volumes of
materials in the floodway. This7!�language:_is:recommended for communities
having to deal with long-term dredge spoil operation, sand and gravel
businesses, etc.
-Section 4.45 was amended to clarify which accessory structures can be
wet -flood, in lieu of dry flood proofing. Ifs-a--community`s`'existing•
o_r_di nance_:presentIy..a 1;l:cws . wet -f l oodproofed... accessory ..s tructures.�( see -
language _in Sections 4.33 and. 5.12 of -1978,.. -3 -District Sample Ordinance);
the.j.onguage now provided- in 4.45 must be:;included An the ordinance. r
*Similar changes apply to other local government units with variations on this
ordinance type.
Section 5.0: The format of this Section was revised and the major clarification
provi7e are as below:
-Section 5.41 was provided to specifically cite "construction" and "use of
space" standards for elevated buildings not in fill and are required when
this construction technique is allowed.
-6s„mentioned:-in-_Comment--#2=above,Athe--language-in Section 5.42 -is required M
when-below.grade,.,enclosed spaces -are allowed. --
-FEMA has specific fill compaction standards for issuance of LOMR's and
FEMA does not require these specific development standards to be stated on
a building permit. The language in Sections 5.54 and 7.3 was inciuded as
a warning for those who may be requesting a LOMB once construction is
complete.
Section 6.0: The case-by-case floodway/flood fringe determination procedure was
moved up to this section where it more logically belongs and Section 6.0 was
also revised to have the City Council/County Board approve the final floodivay
alignment. This -.language is - recommended but optional. -
Section 7.0: As previously mentioned in Section 5.0 above, FEMA LOMR standards
are cite as a warning for new construction. This -language is -optional but -
recommended.
Section 8.0: If the -community'"allows -' on- site sewer. -and water, -then -language
simile—ar--to-8.3._is-required.
-
Section 9.0: The language in Sections 9.1-9.2 must be included where necessary
to clearly require replacement manufactured homes outside of floodway to be
properly elevated to the RFPE and that sufficient over -the -top or ground anchors
be provided. For the discussion in Section 9.3 for travel trailer/vehicles, see
comments for Section 4.0 above.
Section 10.37: Technically under FEMA standards the language -and -notice -in-
-10.37-i mustz accompany local _variances.: —.As noted earlier, the case-by-case
analysis for the General Flood Plain District was moved to Section 6.0.
Section 11.0: Section 11.0 was revised to clarify that non "substantial"
improvements can be either "wet" or "dry" flood proofed and that "substantial"
improvement must be dry flood proofed or elevated to RFPE. This,is,the=minimum
.acceptable-l-anguage:
rSection 12.0: This Section was amended to incorporate specific enforcement
procedures and options for dealing with violators. Language similar -to this,
-must beincorporated -where.there is a documented pattern (more.. than -one) of ._,.
local --ordinance enforcement --deficiencies:
rg�,DEPARTMENT
STATE OF
H�Z�UQ OF
DNR INFORMATION
(612) 296-6157
October 6, 1989
NATURAL RESOURCES
500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155-40
The Honorable Rollan Hoke
Mayor, City of Rosemount
14655 Climarron Avenue
Rosemount, MN 55068
Dear Mayor Hoke:
Enclosed is a new model floodplain ordinance which most closely meets your
community's needs. (We would appreciate your passing this information on to
your staff person in charge of floodplain management.) As you are probably
already aware, the Federal Emergency Management Agency (FEMA) and the Minnesota
Department of Natural Resources (DNR) have negotiated this model ordinance to
reflect the changes in federal regulations which were actually effective in
1986. Because of these changes every community in the National Flood Insurance
Program is being required to amend their floodplain zoning ordinances.
You will -be required to revise your floodplain ordinance sometime before the end
of the upcoming federal fiscal year 1990 (October 1, 1989 through September 30,
1990). The purpose of this letter is to give your community a chance to review
the model which best relates to your current ordinance, and to get a head start
in the adoption process. If assistance is needed, please feel free to contact
your area hydrologist (phone number listed on the attached sheet) or me at (612)
296-9224.
A draft form of the revised ordinance should be submitted to your area
hydrologist for preliminary review so'that any omissions or inconsistencies can
be found prior to final adoption. It is a good idea to amend the zoning
ordinance as early as possible to avoid any potential federal sanctions.
(Federal law allows only 90 days from the time of the DNR/Community contact for
an ordinance to be amended. This letter does not constitute your official
contact.)
Again, please share this information with your staff so that there is ample time
to follow up on this federal requirement.
Sincerely,
DIVISION OF WATERS
'�yd Boudreau
FEMA -CAP Hydrologist
JB:fw 312
cc: Pat Lynch, Area Hydrologist
John Stine, Regional Hydrologist
Kent Lokkesmoe AN EQUAL OPPORTUNITY EMPLOYER