Discussion:
The City of Shakopee is proposing an amendment to the Floodplain Overlay Zone (City Code Sections 151.085-151.094). The Federal Emergency Management Administration (FEMA) has recently updated the Flood Zone maps for Scott County. In order for properties in the individual jurisdictions of Scott County to be eligible for the FEMA National Flood Insurance Program, floodplain ordinances must be amended to adopt specific model ordinance language and reference the new map panels. Areas adjacent to the Minnesota River are the only designated FEMA Flood Zones in the City of Shakopee.
The Minnesota Department of Natural Resources (DNR) provided a model ordinance and has held training sessions for staff from engineering and planning departments. The DNR has approved the proposed language of the draft ordinance. The proposed ordinance must be adopted by the City Council and published in the newspaper by February 12, 2021 in order to comply with the order.
If a property is not eligible for the National Flood Insurance Program, insurance premiums may be 3-4 times the price of premiums in the program. The National Flood Insurance Program provides insurance up to $250,000 for a structure and up to $100,000 for possessions. Scott County is among some of the last counties in Minnesota to receive the updated flood zone maps. Most of the current flood maps for Shakopee date from 1997 or earlier and the Flood Insurance Study for Shakopee is from 1978.
The new maps were created using updated technology to better reflect today's flood risks with greater accuracy. The revisions to the flood zones on the new maps have minimal impact to properties in Shakopee. The only structures in Shakopee within the 100-year floodplain on the revised maps are located at these sites:
- Blue Lake Wastewater Treatment Plant
- Valleyfair
- Huber Park
- Valley Haven Mobile Home Park
- Dangerfield's
- River Terminal (Grain Elevators along Highway 101 Frontage Rd)
- Sanitary Sewer Lift Station near Marschall Rd / Bluff Avenue
- The Landing
All of the above listed sites / structures are already shown with structures below the 100-year flood elevation on existing maps. There is no additional risk shown on the new maps that will impact these properties negatively. For many areas in Shakopee, the revised flood elevations for the 500-year elevation are actually lower than the 500-year elevations on the existing maps.
The revised flood elevations may be viewed countywide on the Scott County GIS site at: https://gis.co.scott.mn.us/sg3/ and reviewing the "Floodplain Layers" in the GIS application. The new map layers are shown as "Effective Floodplains Post 2/12/2021". The existing maps are shown as "Pre 2/12/2021 Floodplains".
The current version of the ordinance and the proposed ordinance are both attached for the Council's reference. The majority of the content of the draft ordinance language is very similar to the existing language and terminology. The summary of map amendments attached to this report addresses the previously adopted map amendments and revisions since the previous maps were published.
The major differences between the current ordinance and draft ordinance are as follows:
- Specific reference to the new FEMA map panel numbers. Some of the map panels referenced are outside of the current city boundary. If areas adjacent to the city are subject to future annexations, these map panels will already be referenced and the ordinance will not need to be amended.
- Addition of the definitions of Base Flood, Base Flood Elevation, Critical Facilities, Development, Farm Fence, Flood Insurance Rate Map, Flood Insurance Study, Flood Prone Area, New Construction, Recreational Vehicle, Repetitive Loss, Special Flood Hazard Area, Start of Construction, Substantial Damage and Substantial Improvement. The new definitions clarify terminology and the application of the regulations.
- Addition of a specific section with requirements for all floodplain districts.
- Removal of campgrounds and travel trailers as a conditional use in the floodway district. Will's Campground, the one existing campground in Shakopee, is not in the floodway district.
- An increase from 500 square-feet to 576 square-feet for accessory structures allowed in the flood fringe district. A requirement of placing two openings to equalize water pressure in times of flooding was added for accessory structures.
- Addition of language specifically referencing a Lower Minnesota River Watershed District Rule regarding placement of fill.
- The addition of very specific procedures for review and processing of variances to the floodplain overlay regulations, including recent changes in MN Statute on variances.
- A more consistent connection to the use of the general conditional use permit criteria in the zoning ordinance.
- The addition of specific repetitive loss criteria for structures damaged by flooding over 25% twice during a 10-year period.
- Once adopted, the revised Floodplain Overlay Zone areas will be added to the official zoning map.