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Home My WebLink About02/24/2022 - Building Review Commission - AGENDA - Regular MeetingPage 1 Alan Cram, Chair Location: Tim Johnson, Vice Chair This meeting will be held Shaun Moscrip remotely via Zoom Eric Richards Mark Teplitsky Staff Liaison: Vacant Seat Marcus Coldiron Vacant Seat Chief Building Official AGENDA February 24, 2022 9:00 AM Building Review Commission Pursuant to City Council Ordinance 079, 2020, a determination has been made by the Chair after consultation with the City staff liaison that conducting the hearing using remote technology would be prudent. This remote Building Review Commission meeting will be available online via Zoom or by phone. No Board members will attend in person. The meeting will be available to join beginning at 8:30 a.m. Participants should try to join at least 15 minutes prior to the 9:00 a.m.. start time. ONLINE PUBLIC PARTICIPATION:  You will need an internet connection on a laptop, computer, or smartphone, and may join the meeting through Zoom at https://fcgov.zoom.us/j/92888094308. (Using earphones with a microphone will greatly improve your audio). Keep yourself on muted status.  For public comments, the Chair will ask participants to click the “Raise Hand” button to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all participants have an opportunity to comment. PUBLIC PARTICIPATION BY PHONE:  Please dial 253-215-8782 and enter Webinar ID 928 8809 4308. Keep yourself on muted status.  For public comments, when the Chair asks participants to click the “Raise Hand” button if they wish to speak, phone participants will need to hit *9 to do this. Staff will be moderating the Zoom session to ensure all participants have an opportunity to address the Board. When you are called, hit *6 to unmute yourself. IF YOU ARE UNABLE TO PARTICIPATE ONLINE OR BY PHONE: Individuals who are uncomfortable or unable to access the Zoom platform or participate by phone may: 1) Email comments to abrennan@fcgov.com at least 24 hours prior to the meeting. If your comments are specific to any of the discussion items on the agenda, please indicate that in the subject line of your email. Staff will ensure your comments are provided to the Board. 2) Come in person to 281 N. College Avenue to utilize City technology to participate in the meeting. Please arrive 15 minutes prior to the meeting and ring the doorbell at the north entrance so that staff may escort you into the building. Masks and social distancing will be required. To participate this way, it is strongly recommended that you contact us at least 24 hours prior to the meeting so that arrangements for proper social distancing and appropriate technology can be put in place to protect the health and safety of the public and staff. Contact Gretchen Schiager at abrennan@fcgov.com or 224-6098. Documents to Share: Any document or presentation a member of the public wishes to provide to the Board for its consideration must be emailed to abrennan@fcgov.com at least 24 hours before the meeting. Packet Pg. 1 Page 2 The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for assistance.  CALL TO ORDER  ROLL CALL  AGENDA REVIEW  PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA  DISCUSSION AGENDA 1. MINUTES OF DECEMBER 16, 2021 The purpose of this item is to consider approval of the minutes from the December 16, 2021 regular meeting of the Building Review Commission. 2. BLACK TIMBER BUILDERS NEW LICENSE CLASSIFCATION REQUEST WITHOUT CURRENT EXAM DESCRIPTION: Mr. Meyer of Black Timber Builders is requesting a new license classification using an ICC testing certificate that is of an older code year than is currently required. STAFF: Shar Manno, Admin Services Manager Marcus Coldiron, Chief Building Officer 3. REKAIVERY, INC./RIMU CONSTRUCTION, LLC NEW LICENSING REQUEST WITHOUT PROJECT VERIFICATIONS DESCRIPTION: Audrey Welsh of ReKaivery, Inc is requesting a new Class C license classification for their subcontractor Willie Steel of RIMU Construction, LLC and would like to have the project verification requiremnt removed. STAFF: Shar Manno, Admin Services Manager Marcus Coldiron, Chief Building Officer 4. REKAIVERY, INC REQUEST TO BUILD A TEMPORARY STRUCTURE DESCRIPTION: The purpose of this item is to approve use of section 3103 Temporary Structures of the 2018 International Building Code which is currently ammended out of the 2018 IBC. Additionally, this requests to approve a 180 day extension to the stated maximum 180 days in section 3103.1 General. STAFF: Marcus Coldiron, Chief Building Official Packet Pg. 2 Page 3 5. ADDITIONS AND SUBSTANTIAL IMPROVEMENT CODE CHANGE FOR FEMA FLOODPLAINS DESCRIPTION: Fort Collins Utilities is conducting outreach related to a proposed regulatory change to Chapter 10 of City Code to come into compliance with minimum regulations from the Federal Emergency Management Agency (FEMA) regarding additions and substantial improvements in FEMA floodplains. STAFF: Marsha Hilmes-Robinson, Floodplain Administrator  OTHER BUSINESS  ADJOURNMENT Packet Pg. 3 Date:Roll CallJohnson Moscrip Richards TeplitskyVacantSeatVacantSeatCram VoteAbsent Present Present Present - - Present4 present,1 absent1 – MINUTES OF DECEMBER 16, 2021Vacant SeatJohnsonVacant SeatRichards Moscrip TeplitskyCram- - - Yes Yes Yes Yes4-02 - BLACK TIMBER BUILDERS NEW LICENSE WITHOUT EXAM - DENIALJohnsonVacant SeatRichards Moscrip TeplitskyVacant SeatCram- - Yes Yes Yes - Yes4-03 - REKAIVERY/RIMU NEW LICENSE WITHOUT PROJECT VERIFICATIONS - MOTION TO TABLEVacant SeatRichards Moscrip TeplitskyVacant SeatJohnsonCram - Yes Yes Yes - - Yes4-04 - REKAIVERY TEMPORARY STRUCTURE - DENIALRichards Moscrip TeplitskyVacant SeatJohnsonVacant SeatCramYes Yes Yes - - - Yes4-05 - FEMA FLOODPLAIN CODE CHANGE - MOTION INMoscrip TeplitskyVacant SeatJohnsonVacant SeatRichardsCramYes Yes - - - Yes Yes4-06 - TeplitskyVacant SeatJohnsonVacant SeatRichards MoscripCram7 - Vacant SeatJohnsonVacant SeatRichards Moscrip TeplitskyCramRoll Call & Voting RecordBuilding Review Commission2/24/2022 Agenda Item 1 Item 1, Page 1 AGENDA ITEM SUMMARY February 24, 2022 Building Review Commission STAFF Aubrie Brennan, Administrative Assistant SUBJECT CONSIDERATION AND APPROVAL OF THE MINUTES OF THE DECEMBER 16, 2021 BRC MEETING EXECUTIVE SUMMARY The purpose of this item is to approve the minutes of the December 16, 2021 meeting of the Building Review Commission. ATTACHMENTS 1. BRC December 16, 2021 Minutes – DRAFT Packet Pg. 4 DRAFTCity of Fort Collins Page 1 December 16, 2021 Alan Cram, Chair Location: Tim Johnson, Vice Chair This meeting will be held Brad Massey remotely via Zoom Katharine Penning Eric Richards Staff Liaison: Mark Teplitsky Russ Hovland Vacant Seat Interim Chief Building Official Meeting Minutes December 16, 2021 A regular meeting of the Building Review Commission was held on Thursday, December 16, 2021, at 9:00 a.m. via Zoom. CALL TO ORDER Chair Cram called the meeting to order at 9:03 a.m. ROLL CALL PRESENT: Cram, Johnson, Penning, Richards ABSENT: Massey, Teplitsky STAFF: Hovland, Manno, Guin, Brennan PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None. DISCUSSION AGENDA [Timestamp: 9:05 a.m.] 1. CONSIDERATION AND APPROVAL OF THE MINUTES OF THE SEPTEMBER 30, 2021 MEETING. Member Richards moved to approve the minutes of the September 30, 2021 meeting. Member Penning seconded. The motion passed 4-0. Building Review Commission ITEM 1, ATTACHMENT 1 Packet Pg. 5 DRAFTCity of Fort Collins Page 2 December 16, 2021 2. GRANT EVERITT APPEAL OF DENIAL OF ONE TIME EXCEPTION TO BUILD A CLASS C2 LICENSE-LEVEL PROJECT (5-PLEX MULTI-FAMILY) DESCRIPTION: The purpose of this item is to seek a determination from the Building Reivew Commission to whether or not Mr. Everitt should be approved as the permit holder and general contractor (GC) to build a 5-unit multi-family building (5-plex) which requires a higher-level license than his current D1, a Class C2 license. STAFF: Sharlene Manno, Admin Services Manager Disclosure of Conflicts None. Staff Presentation Ms. Manno presented the staff report outlining his current license allotments and noting Mr. Everitt has built 30 new single-family detached homes in city limits and is in good standing with his license. She stated he would like to be approved as the permit holder and general contractor to build a 5-unit multi- family building, which does not fall within the allotments of his current license; however, it would be the second project of this nature Mr. Everitt has completed as he was previously granted a one-time exception for constructing a 5-plex. Ms. Manno requested Mr. Everitt explain the relationship with his chosen mentor on the previous project and stated staff’s recommendation is to approve this request given the success of the previous project and the fact that this project is next door and is the same floorplan. She stated staff would like to ensure the fully licensed C2 contractor is listed on the project as a mentor and requested the Commission outline the expectations of the mentor. Mr. Hovland noted the mentor program is not an official program yet; if it were, this type of item could be handled administratively. He stated the program will hopefully be codified in 2022. Appellant and Parties-in-Interest in Support of Appeal Arguments Mr. Everitt stated his goal is to run this project under his license without the assistance of a mentor. He stated the previous mentorship program went well; however, the assistance of the mentor was not particularly necessary. He questioned if there would be any risk to the City should he complete this project without the mentor. Parties-in-Interest in Opposition to Appeal Arguments Ms. Manno noted the staff recommendation of approval is conditional upon the project being completed under a mentor. She stated Mr. Everitt is required to complete three projects and testing prior to getting the necessary C2 license. Mr. Hovland noted the Code allows the Chief Building Official to provide a supervisor certificate for 30 days; however, that would not be helpful in this case. Appellant Rebuttal Mr. Everitt asked if a license variance has ever been granted in a similar situation. Ms. Manno reiterated a 30-day temporary license could be granted; however, that could not be used on new buildings such as this outside of the realm of the licensing qualifications as that is not allowed by Code. Mr. Everitt was dubious that a variance had not been granted for this type of situation. Board Questions of Staff and Parties-in-Interest Member Johnson asked if the building permit is pulled under the mentor’s license or Mr. Everitt’s license. Mr. Hovland replied it was previously pulled under Mr. Everitt’s license with a mentor listed as being available to provide periodic guidance. Member Johnson stated he would support what has been done previously. Member Penning concurred and stated she believes the Commission has been consistent in requiring testing as well as mentored projects to get the next license. ITEM 1, ATTACHMENT 1 Packet Pg. 6 DRAFTCity of Fort Collins Page 3 December 16, 2021 Member Richards asked Mr. Everitt if he is planning to attempt to acquire a C2 license so he can build these projects on his own. Mr. Everitt replied in the affirmative. He asked about the testing requirements and whether he had already met those. Mr. Hovland replied the test is the ICC national general contractor’s test. Ms. Manno replied Mr. Everitt would need to complete testing of the current Code year, which is G, or 2018, to request an upgraded license classification. She stated Mr. Everitt has completed level N, the 2009 Code year. Member Richards asked if the mentor was present for inspections or visited the previous construction site. Mr. Everitt replied he was not required to be present for inspections; however, he occasionally came by the site, and they had conversations. Member Penning noted it is important for contractors to be tested on current Codes as life and safety items are a consideration. Mr. Everitt replied he is aware of those issues as he has built this exact building before. Member Penning noted the goal of the mentorship program is to ensure builders have the resources to understand complexities. Mr. Hovland concurred with Member Penning noting the D1 versus C2 licenses involve two separate Code books and different life safety issues; however, he noted Mr. Everitt did satisfactorily build the previous project. He also noted the mentor is not required to be on site for inspections unless issues arise. Chair Cram stated the mentor provides a good safety net along the way to getting a C2 license. Board Discussion Member Richards agreed with Members Penning and Johnson that they should stay with the mentor program and not deviate as it was successful for Mr. Everitt previously. He suggested it could be beneficial to require the mentor to be onsite for inspections and noted mentors could also be helpful in providing information related to material substitutions given current supply issues. Member Penning concurred and stated the mentor program is designed to guide and teach; therefore, a phone call may not be sufficient. She agreed more onsite presence of the mentor should be required. Member Johnson stated he would support a slightly less stringent requirement for the mentor to be onsite, particularly given Mr. Hovland’s confidence in Mr. Everitt’s ability to complete this project successfully. Member Richards suggested there should be a minimum amount of contact or presence for the mentor going forward. Member Penning agreed with Member Richards and stated that may not be necessary for this project, however, some type of minimum contact should be required for the mentorship program moving forward in order for it to achieve its teaching goals. Mr. Hovland noted the mentor program agreement states that if a project is not going well, the mentorship can be revoked. Member Richards asked Mr. Hovland what would rise to the level of revoking the program. Mr. Hovland replied multiple failed inspections on the same items, large life safety items not being considered, and supervision being obviously lacking would be reasons to revoke the mentorship program for a project. Chair Cram asked Mr. Hovland if it was possible to include in the agreement a certain level of requiring the mentor to be onsite. Mr. Hovland replied the agreement form could be changed to include anything; however, he noted the number of required inspections on a multi-family project could lead to an undue hardship if the mentor was required to be present at all of those. He stated he does not believe that requirement is necessary at this point. Ms. Manno clarified Mr. Everitt is licensed under the correct level of exam, just under an older Code cycle. Chair Cram noticed item number 2 of the mentor agreement requires some onsite supervision by the mentor. Mr. Hovland noted that amount is not specifically quantified and asked if it could be modified. Mr. Guin replied this mentorship agreement was based on an order from the Commission in 2019 and the Commission could modify the agreement as it desires for this new request. ITEM 1, ATTACHMENT 1 Packet Pg. 7 DRAFTCity of Fort Collins Page 4 December 16, 2021 Member Richards suggested testing requirements should exist for builders prior to mentorships being granted and stated the Commission should set a minimum of perhaps four onsite contact dates to be submitted to the Chief Building Official as part of the mentorship agreement. Member Johnson questioned whether the Commission may be requiring too much as the ability for the City to request more oversight based on the progress of a specific project already exists. He stated Mr. Everitt has a good track record and giving the City the leeway to exercise its best judgement makes sense. Member Penning reiterated this particular situation may not need to include these requirements; however, they should be part of the mentorship agreements in the future. She stated the agreements should also be clearer that the exam requirement is for an updated exam. She stated there should be more discussion about what the official program looks like in the future. Member Richards agreed with Member Penning that for this particular situation, he would like to see the correct ICC testing achieved; however, the current agreement is fine in this case, given Mr. Everitt’s track record. Chair Cram stated a mentorship could help Mr. Everitt prepare for the exam. Member Johnson stated the test is not as valuable as practical experience. Member Penning stated she does believe Mr. Everitt should pass the exam and noted the exams are valuable in learning how and where to access Code information. Motion Member Richards moved to approve Mr. Everitt’s request for a license and supervisor’s certificate for this project based on the completion of a mentorship agreement similar to the one used in the past, pursuant to completion of the correct ICC exam as required by the City of Fort Collins. Member Penning seconded. The motion passed 4-0. [Timestamp: 10:05 a.m.] 3. CONSIDERATION AND APPROVAL OF THE BUILDING REVIEW COMMISSION’S 2022 ANNUAL WORK PLAN DESCRIPTION: The purpose of this item is to approve the 2022 Annual Work Plan of the Building Review Commission. STAFF: Russ Hovland, Interim Chief Building Official Staff Report Mr. Hovland presented the 2022 Work Plan for review. Public Input None. Board Questions and Discussion Member Penning suggested the inclusion of defining the mentorship program in the Work Plan. Chair Cram replied that is not a full-blown function of the Commission; however, it does have the opportunity to review the mentorship program. Mr. Hovland stated staff would bring its proposal for the program before the Commission for discussion. Board Deliberation Member Johnson moved to approve the 2022 Annual Work Plan of the Building Review Commission. Member Penning seconded. The motion passed 4-0. [Timestamp: 10:09 a.m.] ITEM 1, ATTACHMENT 1 Packet Pg. 8 DRAFTCity of Fort Collins Page 5 December 16, 2021 4. PRESENTATION OF THE BUILDING REVIEW COMMISSION’S 2021 ANNUAL REPORT DESCRIPTION: The purpose of this item is to review the 2021 Annual Report of the Building Review Commission. STAFF: Russ Hovland, Interim Chief Building Official (**Secretary’s Note: This item was not considered.)  OTHER BUSINESS Chair Cram noted Member Penning will not be returning to the Commission. Mr. Hovland announced Marcus Coldiron will be the new Chief Building Official. Chair Cram discussed other upcoming vacancies on the Commission, including Member Massey’s seat. Ms. Manno stated she was unsure if the City Clerk’s Office has received any applications for the vacancies. Member Penning stated she would be willing to reapply if necessary for the Commission to have a quorum. Members discussed residency requirements and the possibility of changing the meeting times.  ADJOURNMENT Chair Cram adjourned the meeting at 10:19 a.m. Minutes prepared by TriPoint Data and respectfully submitted by Aubrie Brennan. Minutes approved by a vote of the Board on _________________________________ ______________________________ Marcus Coldiron, Chief Building Official Alan Cram, Chair ITEM 1, ATTACHMENT 1 Packet Pg. 9 Agenda Item 2 Item 2, Page 1 STAFF REPORT February 24, 2022 Building Review Commission STAFF Shar Manno Marcus Coldiron SUBJECT NEW LICENSING REQUEST WITHOUT CURRENT EXAM EXECUTIVE SUMMARY Mr. Meyer of Black Timber Builders is requesting a new license classification using an ICC testing certificate that is of an older code year than is currently required. BACKGROUND Black Timber Builders currently holds Class D2 license with the City of Fort Collins which was issued 1/23/17. Previous to the Class D2, Black Timber Builders held a Class E(C), granted 4/3/19, this license and supervisor’s certificate expired 4/3/21. The D2 license and supervisor’s certificate required a ICC F (2015 code year) or W (2012 code year) exam at that time. Mr. Meyer is requesting a new license classification, Class D1, and would like to use the same exam given at the time of the previouse two licensing approvals. The folowing code sections apply to new licensing requests and transitions:  Sec. 15-158. - Applications; review; issuance. (a) Prior to being issued any license or certificate specified in this Article, all applicants for such license or certificate shall complete and submit to the Building Official an application containing the following information: (1) The individual applicant's name, the contractor's business name under which license the applicant is associated or will be working, a current mailing address and telephone number, email address and one (1) form of photographic identification of the applicant; (2) Documents verifying that the applicant has acted in the principal role of contractor or primary project supervisor on no less than three (3) separate completed building construction or specialized trade projects. A person other than the applicant must sign such documents, and the same person cannot be the signatory on all three (3) documents. Said signatory shall be a project owner, contractor, architect or professional engineer directly involved in the construction of said project and said person shall have worked directly with the applicant. Additionally, said documents shall contain the following information where applicable to the license or contractor certificate sought: a. The total floor area and number of stories (as defined in the building code) of each building in the project, b. The building construction type as defined in the building code, Packet Pg. 10 Agenda Item 2 Item 2, Page 2 c. The building occupancy classification as defined in the building code, d. The date the project was completed, e. The address, contractor of record and permit number (when applicable) for the project, f. A description of the project which the applicant directly supervised or for which the applicant was the contractor of record, whichever is applicable, in sufficient detail to fully describe the extent of the construction or alteration or specialized trade work. Such description must describe all relevant work, such as that involving the foundation, the exterior structural elements, the interior bearing walls, the nonbearing walls and elements, the electrical systems, the plumbing systems, the mechanical systems, roofing, and any other specialized trade work that may be applicable to the license or certificate sought, g. A complete description of the applicant's position and responsibilities on the project, and h. The signatory's role in the project; and (3) The applicant's disclosure of any disciplinary action (whether by the City or any other jurisdiction) taken against the applicant or against any licenses currently or previously held by the applicant; and (4) A signed statement by the applicant acknowledging the obligations associated with such license or certificate. (b) All such applications shall be accompanied by a nonrefundable processing fee of seventy-five dollars ($75.) for each such application. (c) Subject to the qualification requirements of § 15-159 and subject to any applicable variances which may have been granted by the Board pursuant to § 15-156 and provided further that the applicant has not committed any acts described in § 15-162 of this Article without the Board having first conducted a hearing and having made a determination regarding the applicant's fitness to be granted a license or supervisor certificate, the Building Official shall issue to the applicant the license or supervisor certificate applied for upon receipt of all of the following: (1) Evidence of a passing score on the applicable written examination or equivalent as specified in this Article; (2) Payment of the applicable fee; (3) Written proof of general liability and workers' compensation insurance as required in this Article; and (4) All documents required to be provided in Subsection (a) above.  Sec. 15-164. - Transition provisions. (a) Any holder of a valid contractor license or supervisor certificate prior to the effective date of this Article shall be eligible to maintain the same such license or certificate without additional application fees or examination provided that such license or certificate remains valid throughout the current annual term of such license or certificate. Thereafter, any such contractor license or supervisor certificate shall be subject to renewal provisions as prescribed in this Article. Packet Pg. 11 Agenda Item 2 Item 2, Page 3 RECOMMENDATION Staff recommends deniel of this request based on this being a new license classification request. If the Commission agrees with the recommendation, the Board may pass a motion to require the appellant to provide required testing to be granted a Class D1 license and supervisor’s certificate. If the Commission disagrees with the recommendation, the Commission may pass a motion to allow a new Class D1 license and supervisor’s certificate be granted to the appellant. ATTACHMENTS 1. Appeal Form 2. Appeal Letter Packet Pg. 12 5IVSTEBZ 'FCSVBSZ BN ITEM 2, ATTACHMENT 1 Packet Pg. 13 ITEM 2, ATTACHMENT 2Packet Pg. 14 ITEM 2, ATTACHMENT 2Packet Pg. 15 Agenda Item 3 Item 3, Page 1 STAFF REPORT February 24, 2022 Building Review Commission STAFF Shar Manno Marcus Coldiron SUBJECT NEW LICENSING REQUEST WITHOUT PROJECT VERIFICATIONS EXECUTIVE SUMMARY Audrey Welsh of ReKaivery, Inc is requesting a new Class C license classification for their subcontractor Willie Steel of RIMU Construction, LLC and would like to have the project verification requiremnt removed. BACKGROUND Willie Steel of RIMU Construction, LLC is not currently licensed with the City of Fort Collins. The folowing code section apply to new licensing requests:  Sec. 15-158. - Applications; review; issuance. (a) Prior to being issued any license or certificate specified in this Article, all applicants for such license or certificate shall complete and submit to the Building Official an application containing the following information: (1) The individual applicant's name, the contractor's business name under which license the applicant is associated or will be working, a current mailing address and telephone number, email address and one (1) form of photographic identification of the applicant; (2) Documents verifying that the applicant has acted in the principal role of contractor or primary project supervisor on no less than three (3) separate completed building construction or specialized trade projects. A person other than the applicant must sign such documents, and the same person cannot be the signatory on all three (3) documents. Said signatory shall be a project owner, contractor, architect or professional engineer directly involved in the construction of said project and said person shall have worked directly with the applicant. Additionally, said documents shall contain the following information where applicable to the license or contractor certificate sought: a. The total floor area and number of stories (as defined in the building code) of each building in the project, b. The building construction type as defined in the building code, c. The building occupancy classification as defined in the building code, d. The date the project was completed, e. The address, contractor of record and permit number (when applicable) for the project, Packet Pg. 16 Agenda Item 3 Item 3, Page 2 f. A description of the project which the applicant directly supervised or for which the applicant was the contractor of record, whichever is applicable, in sufficient detail to fully describe the extent of the construction or alteration or specialized trade work. Such description must describe all relevant work, such as that involving the foundation, the exterior structural elements, the interior bearing walls, the nonbearing walls and elements, the electrical systems, the plumbing systems, the mechanical systems, roofing, and any other specialized trade work that may be applicable to the license or certificate sought, g. A complete description of the applicant's position and responsibilities on the project, and h. The signatory's role in the project; and (3) The applicant's disclosure of any disciplinary action (whether by the City or any other jurisdiction) taken against the applicant or against any licenses currently or previously held by the applicant; and (4) A signed statement by the applicant acknowledging the obligations associated with such license or certificate. (b) All such applications shall be accompanied by a nonrefundable processing fee of seventy-five dollars ($75.) for each such application. (c) Subject to the qualification requirements of § 15-159 and subject to any applicable variances which may have been granted by the Board pursuant to § 15-156 and provided further that the applicant has not committed any acts described in § 15-162 of this Article without the Board having first conducted a hearing and having made a determination regarding the applicant's fitness to be granted a license or supervisor certificate, the Building Official shall issue to the applicant the license or supervisor certificate applied for upon receipt of all of the following: (1) Evidence of a passing score on the applicable written examination or equivalent as specified in this Article; (2) Payment of the applicable fee; (3) Written proof of general liability and workers' compensation insurance as required in this Article; and (4) All documents required to be provided in Subsection (a) above. RECOMMENDATION Staff recommends deniel of this request based on the vital information that the prject verifications offer in relation to the individuals experience with the licensing level being requested. If the Commission agrees with the recommendation, the Commission may pass a motion to require the appellant’s general contractor to provide required project verifications to be granted a Class C1 license and supervisor’s certificate. If the Commission disagrees with the recommendation, the Commission may pass a motion to allow a new Class C1 license and supervisor’s certificate be granted to the appellant’s general contractor. Packet Pg. 17 Agenda Item 3 Item 3, Page 3 ATTACHMENTS 1. Appeal form Packet Pg. 18 &RQWUDFWRU/LFHQVLQJ 1&ROOHJH$YH32%R[ )RUW&ROOLQV&2 3KRQH)D[ ZZZIFJRYFRPQEVFRQWUDFWRUSKS BUILDING REVIEW &200,66,21 APPEAL FORM (Contractor Hearing) Appellant Name: d/b/a Address: Phone #: Mobile # Action Requested: Exam Waiver License Upgrade License approval (denied by staff)Other Description of request/problem and other mitigating factors (attach additional information and/or materials): Appellant Signature Date Appellant may appear in person, in writing, or by agent and should be prepared to present all relevant details, or other evidence in support of this hearing request at the hearing time indicated below. Regular meetings are scheduled for the last Thursday of each month at 9:00 a.m. in the Council Chambers at 300 LaPorte Avenue. Applications must be filed one month prior to the desired hearing date to ensure consideration. OFFICE USE ONLY Hearing Date Hearing Time Reviewed by Distribution: Original – Appellant, Copy -- File The fee to appeal to the Building Review Commission is $50 Audrey Snyder Welsh ReKaivery Inc. 3002 West Elizabeth Street, Unit 8a, Fort Collins, CO 80521 (908) 752-8330n/a I am requesting an appeal on behalf of ReKaivery Inc. for the Building Review Commission to approve our contractor, Willie Steele of RIMU Construction LLC for a Class C License for the City of Fort Collins. Given the current licenses Willie Steele has, we would like to appeal the three-project veriﬁcation portion of the Class C license. Currently, Willie has the Class A unrestricted commercial license for both Cheyenne and Laramie and has passed the ICC National Standard Building Contractor (A) Exam F11 on 1/22/2021 (Candidate ID #: ICNON165552). Under the exam requirements for the General Contractor License, Willie Steele has passed and fulﬁlled what is needed to obtain his Class C license for a general contractor, however he is unable fulﬁll the three-project veriﬁcation portion. Willie has been in contact with Marcus Coldiron and Sharlene Manno about his current license and it was recommended to appeal the three-project veriﬁcation portion. Given the small scope and size of our project, we believe the renovation and construction of a 320 sq. shipping container should warrant this exemption. 1/25/2022 7KXUVGD\)HEUXDU\DP ITEM 3, ATTACHMENT 1 Packet Pg. 19 Agenda Item 4 Item 4, Page 1 STAFF REPORT February 24, 2022 Building Review Commission STAFF Marcus Coldiron- Chief Building Official SUBJECT REKAIVERY INC.- TEMPORARY STRUCTURES EXECUTIVE SUMMARY The purpose of this item is to approve use of section 3103 Temporary Structures of the 2018 International Building Code which is currently ammended out of the 2018 IBC. Additionally, this requests to approve a 180 day extension to the stated maximum 180 days in section 3103.1 General. BACKGROUND ReKaivery Inc. is proposing a pilot program that renovates a shipping container to be a marketplace for local farmrs to sell their produce to local customers. It is uknown if after the pilot, if the program will be proposed as year round or seasonal use based on demand. Below are the sections from the 2018 IBC requested to be approved for use. The 2021 IBC is being presented to Council for adoption in April 2022 as retaining these code sections. SECTION 3103 TEMPORARY STRUCTURES 3103.1 General. The provisions of Sections 3103.1 through 3103.4 shall apply to structures erected for a period of less than 180 days. Tents, umbrella structures and other membrane structures erected for a period of less than 180 days shall comply with the International Fire Code. Those erected for a longer period of time shall comply with applicable sections of this code. 3103.1.1 Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure public health, safety and general welfare. 3103.1.2 Permit required. Temporary structures that cover an area greater than 120 square feet (11.16 m2), including connecting areas or spaces with a common means of egress or entrance that are used or intended to be used for the gathering together of 10 or more persons, shall not be erected, operated or maintained for any purpose without obtaining a permit from the building official. 3103.2 Construction documents. A permit application and construction documents shall be submitted for each installation of a temporary structure. The construction documents, shall include a site plan indicating the location of the temporary structure and information delineating the means of egress and the occupant load. 3103.3 Location. Temporary structures shall be located in accordance with the requirements of Table 705.5 based on the fire-resistance rating of the exterior walls for the proposed type of construction. Packet Pg. 20 Agenda Item 4 Item 4, Page 2 3103.4 Means of egress. Temporary structures shall conform to the means of egress requirements of Chapter 10 and shall have an exit access travel distance of 100 feet (30 480 mm) or less. RECOMMENDATION Staff recommends the approval of re-instating Section 3103 - Temporary Structures and approval for the stucture to be erected for an additional 180 days to the code allowed 180 days, for a maximum of 1 year for the proposed pilot program. If the Board agrees with the recommendation, the Board may pass a motion to reinstate section 3103 of the adopted 2018 International Building Code and approve an additional 180 day extension to the errection of the stucture for ReKaivery’s pilot program. ATTACHMENTS 1. ReKaivery Appeal Request Form Packet Pg. 21 &RQWUDFWRU/LFHQVLQJ 1&ROOHJH$YH32%R[ )RUW&ROOLQV&2 3KRQH)D[ ZZZIFJRYFRPQEVFRQWUDFWRUSKS BUILDING REVIEW &200,66,21 APPEAL FORM (Contractor Hearing) Appellant Name: d/b/a Address: Phone #: Mobile # Action Requested: Exam Waiver License Upgrade License approval (denied by staff)Other Description of request/problem and other mitigating factors (attach additional information and/or materials): Appellant Signature Date Appellant may appear in person, in writing, or by agent and should be prepared to present all relevant details, or other evidence in support of this hearing request at the hearing time indicated below. Regular meetings are scheduled for the last Thursday of each month at 9:00 a.m. in the Council Chambers at 300 LaPorte Avenue. Applications must be filed one month prior to the desired hearing date to ensure consideration. OFFICE USE ONLY Hearing Date Hearing Time Reviewed by Distribution: Original – Appellant, Copy -- File Audrey Snyder Welsh ReKaivery Inc. 3002 West Elizabeth Street, Unit 8a, Fort Collins, CO 80521 (908) 752-8330 I am requesting an appeal on behalf of ReKaivery Inc. for the Building Review Commission to approve our structure as a temporary structure in accordance with Section 3103 Temporary Structures. While it is currently amended out of the 2018 IBC by the City of Fort Collins Building Codes, it is under my understanding that it will be back into the 2021 IBC. Given this information, I believe our structure should be appropriately classiﬁed since our structure will be a pilot to test our model. We are renovating a shipping container to be a local marketplace for local farmers to sell their produce easier to local consumers. In partnership with the Larimer County Farmers Market and the USDA, we were granted a year lease on 333 West Mountain Avenue, Fort Collins CO 80521 to pilot this model to see it’s impact with local farmers, consumers, and the surrounding eco-system that is the Northern Colorado food system. Along with our request, we are asking for an additional 6-month extension with our temporary structure for us to truly pilot our model and see if we meet the needs of the community prior to deciding the permanence of our structure. This would allow us to test a full year of our work and report back to the USDA and our local county ofﬁcials of our impact. Tem porary Structure and Extension 1/25/22 n/a 7KXUVGD\)HEUXDU\DP ITEM 4, ATTACHMENT 1 Packet Pg. 22 Agenda Item 5 Item 5, Page 1 STAFF REPORT February 24, 2022 Building Review Commission STAFF Marsha Hilmes-Robinson, Floodplain Administrator SUBJECT ADDITIONS AND SUBSTANTIAL IMPROVEMENT CODE CHANGE FOR FEMA FLOODPLAINS EXECUTIVE SUMMARY Fort Collins Utilities is conducting outreach related to a proposed regulatory change to Chapter 10 of City Code to come into compliance with minimum regulations from the Federal Emergency Management Agency (FEMA) regarding additions and substantial improvements in FEMA floodplains. BACKGROUND The Federal Emergency Management Agency (FEMA) has determined that a current provision of our Floodplain Management Ordinance does not meet the minimum requirements of the National Flood Insurance Program. Therefore, the City needs to bring Chapter 10 of City Code into Compliance. The proposed change involves how additions are included in the calculation of Substantial Improvement. Under the new provision, the applicant will have two choices: 1. Design and certify the addition as “structurally independent” and elevate the addition. The cost of the addition will not be included in the calculation of substantial improvement. 2. Include the addition in the calculation of substantial improvement. The addition will be required to be elevated. - If the value of improvements, including the cost of the addition, is more than 50% of the value of the structure, then the existing structure will be considered substantially improved and will need to be elevated. Definition - Structurally Independent Addition - shall mean an addition that involves no alteration of the load-bearing structure of the existing building, is attached to the building with minimal connection, and has a doorway as the only modification to the common wall. A nonstructural addition shall not transfer loads exerted on the addition to the existing building and thus shall not share a foundation or other building elements that would create a load path between the addition and the existing building. Shared heating, ventilation, and air conditioning (HVAC), electrical, and plumbing between the addition and existing structure does not result in a structural connection. This proposed regulation change does not apply to City-designated floodplains, such as Old Town. Packet Pg. 23 Agenda Item 5 Item 5, Page 2 RECOMMENDATION Staff recommends the Building Review Commission pass a motion to recommend adoption of the proposed code change by City Council. If the Commission agrees with the recommendation, the Commission may pass a motion to recommend City Council adopt the proposed changes to Chapter 10 of City Code regarding additions and substantial improvements in FEMA floodplains. Draft motion: “The Building Commission recommends City Council adopt the proposed changes to Chapter 10 of City Code regarding additions and substantial improvements in FEMA floodplains.” ATTACHMENTS 1. Fort Collins Utilities presentation 2. Draft Code Language 3. Floodplain Quick Guide for all Floodplains Other than the Poudre River 4. Floodplain Quick Guide for the Poudre River 5. Annual Mailer to Floodplain Residents and Owners (PDF version) Packet Pg. 24 Additions and Substantial Improvement Code Change for FEMA Floodplains 2022Marsha Hilmes-Robinson, Floodplain Administrator, CFM Protect people Minimize property damage Ensure development doesn’t exacerbate existing problems Floodplain Management Goals High Water Mark sign at Creekside Park along Spring Creek. ITEM 5, ATTACHMENT 1 Packet Pg. 25 City and FEMA Floodplains 100-year Floodplain – 1% chance of being equaled or exceeded in any given year dark blue and light blue 500-year Floodplain – 0.2% chance of being equaled or exceeded in any given year light green Flood Risk Mapping fcgov.com/floodplain-maps Floodplains in Fort Collins 4 City Floodplains FEMA Floodplains Poudre Floodplain Old Town Spring Creek Poudre River Fossil Creek Boxelder Creek Canal Importation Cooper Slough McClellands Creek Dry Creek Mail Creek Foothills Channel West Vine ITEM 5, ATTACHMENT 1 Packet Pg. 26 5Substantial Improvement? Cost of Improvement 50% Market Value of Structure Substantially Improved Example: $200,000 50% $350,000 If substantial improvement occurs, then the existing structure must be brought into compliance (elevated). 6Construction of an Addition • New Addition must be elevated to freeboard requirement. • Currently we are not including the cost of the addition in the substantial improvement calculation. • FEMA recently flagged this as not being compliant with minimum FEMA standards • FEMA requires the addition cost to be included unless it is stand-alone (structurally independent addition). • Does not impact City-floodplains ITEM 5, ATTACHMENT 1 Packet Pg. 27 7What is the change? x In FEMA-designated floodplains, applicants will have two choices: 1. Design and certify the addition as “structurally independent” and elevate the addition. The cost of the addition will not be included in the calculation of substantial improvement. 2. Include the addition in the calculation of substantial improvement. The addition will be elevated. -If the value of improvements, including the cost of the addition, is more than 50% of the value of the structure, then the existing structure will be considered substantially improved and will need to be elevated. Examples 8 Residential Structurally Independent Addition Non-Residential Structurally Independent Addition Lowest Floor Elevated to Regulatory Flood Protection Elevation ITEM 5, ATTACHMENT 1 Packet Pg. 28 9Certification The addition meets the definition of a structurally independent addition: 1. Involves no alteration of the load-bearing structure of the existing building; and 2. Is attached to the existing building with minimal connection; and 3. Has a doorway as the only modification to the common wall; and 4. Will not transfer loads exerted on the addition to the existing building and will thus not share a foundation or other building elements that would create a load path between the addition and the existing building. By Colorado Architect or Engineer 10Who Does this Impact? x This change only impacts FEMA- designated floodplains. x This change will not impact City- designated floodplains, such as Old Town, where the majority of additions take place. x FEMA and the State consider the regulation of City floodplains as a higher standard. ITEM 5, ATTACHMENT 1 Packet Pg. 29 115-year Permit Analysis • Reviewed permits from 2014 - mid 2020 • 13 permits included an addition • 4 permits in FEMA Floodplain • 2 permits met Subst. Impv. due to remodel cost of existing structure. Existing structure and addition protected. • 1 would have met Subst. Impv. if addition cost was included. It is no longer mapped in the floodplain. • 1 permit would not have met Subst. Impv. if addition cost was included. Minimal number of permits impacted. 12Staff Recommendation and Draft Motion • Staff recommends the Building Commission pass a motion to recommend adoption of the proposed code change by City Council. • If the Commission agrees with the recommendation, the Commission may pass a motion to recommend City Council adopt the proposed changes to Chapter 10 of City Code regarding additions and substantial improvements in FEMA floodplains. Draft Motion: “The Building Commission recommends City Council adopt the proposed changes to Chapter 10 of City Code regarding additions and substantial improvements in FEMA floodplains.” ITEM 5, ATTACHMENT 1 Packet Pg. 30 For Questions or Comments, Please Contact: THANK YOU! Marsha Hilmes-Robinson mhilmesrobinson@fcgov.com, 970-224-6036 ITEM 5, ATTACHMENT 1 Packet Pg. 31 DRAFT FOR DISCUSSION ONLY - SUBJECT TO FURTHER REVIEW AND REVISION ORDINANCE NO. , 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING __________________ WHEREAS, ________________ and WHEREAS, ________________; and WHEREAS, ________________; and WHEREAS, ________________. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 10-16 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-16. Definitions. . . . Cumulative substantial improvement shall mean any combination of repairs, demolition, reconstruction, rehabilitation, addition, or other improvements of a structure taking place during the time the structure has been located in a designated floodplain, the cumulative cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement, provided that the footprint of the structure is not increased. The term cumulative substantial improvement shall include any repair or reconstruction work on structures that have incurred substantial damage. It shall not include any project for improvement of a structure to correct violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official, including only the minimum improvements necessary to assure safe living conditions. Cumulative substantial improvement shall not include the cost of any structurally independent addition. Also, cumulative substantial improvement shall not include ordinary maintenance activities, such as interior or exterior painting or decoration, replacement of windows, doors or other nonstructural elements, repair or replacement of heating or air conditioning appliances or hot water heaters, reroofing, and utility connections, provided that such improvements shall not be excluded from the overall work when carried out in connection with structural improvements. ITEM 5, ATTACHMENT 2 Packet Pg. 32 DRAFT FOR DISCUSSION ONLY - SUBJECT TO FURTHER REVIEW AND REVISION . . . Structurally independent addition shall mean an addition that involves no alteration of the load- bearing structure of the existing building, is attached to the building with minimal connection, and has a doorway as the only modification to the common wall. A structurally independent addition shall not transfer loads exerted on the addition to the existing building and thus shall not share a foundation or other building elements that would create a load path between the addition and the existing building. Shared heating, ventilation, and air conditioning (HVAC), electrical, and plumbing between the addition and existing structure does not result in a structural connection. . . . Substantial improvement shall mean any combination of repairs, demolition, reconstruction, rehabilitation, addition, or other improvements of a structure for which the actual start of construction occurred during the twelve-month period preceding the floodplain use permit application date, the cumulative cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement, provided that the footprint of the structure is not increased. Substantial improvement shall include any repair or reconstruction work performed within said period of time on structures that have incurred substantial damage. A substantial improvement that meets the definition of redevelopment shall be regulated hereunder as redevelopment. The term substantial improvement shall not include any project for improvement of a structure to correct violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official, including only the minimum improvements necessary to assure safe living conditions. Substantial improvement shall not include the cost of any structurally independent addition and in City basin floodplains shall also not include the cost of any addition that meets the regulatory flood protection standard set forth in Section 10-37. Also, substantial improvement shall not include ordinary maintenance activities, such as interior or exterior painting or decoration, replacement of windows, doors or other nonstructural elements, repair or replacement of heating or air conditioning appliances or hot water heaters, reroofing and utility connections, provided that such improvements shall not be excluded from the overall work when carried out in connection with structural improvements. . . . ITEM 5, ATTACHMENT 2 Packet Pg. 33 DRAFT FOR DISCUSSION ONLY - SUBJECT TO FURTHER REVIEW AND REVISION Section 3. That Section 10-26 of the Code of the City of Fort Collins is hereby amended by the addition of a new subparagraph (6) which reads in its entirety as follows and all subsequent subparagraphs shall be renumbered accordingly: Sec. 10-26. - Utilities executive director's powers and duties. The duties and responsibilities of the Utilities Executive Director shall include but are not limited to: . . . (6) Require certification by a Colorado registered professional engineer and/or architect that any addition proposed as a structurally independent addition meets the definitions and requirements of this Chapter. . . . Section 4. That Section 10-27(b) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-27. - Floodplain use permit. . . . (b) The following information is specifically required and must be submitted by any floodplain permit applicant: . . . (4) Certification by a Colorado registered professional engineer and/or architect that any addition proposed as a structurally independent addition: (1) involves no alteration of the load-bearing structure of the existing building; (2) is attached to the existing building with minimal connection; (3) has a doorway as the only modification to the common wall; and (4) will not transfer loads exerted on the addition to the existing building and will thus not share a foundation or other building elements that would create a load path between the addition and the existing building. (45) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Section 5. That Section 10-75(7) of the Code of the City of Fort Collins is hereby amended by the addition of a new subparagraph b. which reads in its entirety as follows and all subsequent subparagraphs shall be renumbered accordingly: Sec. 10-75. - Specific standards for residential development in Poudre River flood fringe. ITEM 5, ATTACHMENT 2 Packet Pg. 34 DRAFT FOR DISCUSSION ONLY - SUBJECT TO FURTHER REVIEW AND REVISION . . . (7) Accessory structures. . . . b. Any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of cumulative substantial improvement. . . . Section 6. That Section 10-76 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-76. - Specific standards for nonresidential development in Poudre River flood fringe. . . . (2) Additions. a. Addition to a nonresidential structure is allowed, provided that all appliable requirements, including, but not limited to, the requirements of § 10-37, are met. b. Any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of cumulative substantial improvement. bc. For an addition to a nonresidential structure, compliance with the requirements of § 10-38 may be substituted for compliance with the applicable requirements of Subsection 10-37(b). cd. A new basement may be constructed below the regulatory flood protection elevation in an addition to a nonresidential structure, provided that all applicable requirements, including, but not limited to, the requirements of § 10-38, are met. . . . (6) Attached garages. a. Addition of an attached garage to a nonresidential structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met by the attached garage. ITEM 5, ATTACHMENT 2 Packet Pg. 35 DRAFT FOR DISCUSSION ONLY - SUBJECT TO FURTHER REVIEW AND REVISION b. Any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of cumulative substantial improvement. bc. For a garage attached to a nonresidential structure, compliance with the requirements of § 10-38 or the requirements of § 10-39 may be substituted for compliance with the applicable requirements of Subsection 10-37(b). (7) Accessory structures. a. Construction of a new accessory structure or addition to an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. b. Any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of cumulative substantial improvement. bc. Remodeling or repair of an accessory structure, including reconstruction of an accessory structure that has been substantially damaged, is allowed, provided that, after completion of any cumulative substantial improvement, all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. cd. Redevelopment of an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. de. For an accessory structure, compliance with the requirements of § 10-38 or the requirements of § 10-39 may be substituted for compliance with the applicable requirements of Subsection 10-37(b). ef. A new basement may be constructed below the regulatory flood protection elevation in an accessory structure, provided that all applicable requirements, including, but not limited to, the requirements of § 10-38, are met. fg. A nonconforming basement below the regulatory flood protection elevation may remain in an accessory structure, provided that, after completion of any cumulative substantial improvement or redevelopment, all applicable requirements, including, but not limited to, the requirements of § 10-38, are met. . . . ITEM 5, ATTACHMENT 2 Packet Pg. 36 DRAFT FOR DISCUSSION ONLY - SUBJECT TO FURTHER REVIEW AND REVISION Section 7. That Section 10-77 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-77. - Specific standards for mixed-use development in Poudre River flood fringe. . . . (2) Additions. a. An addition to a mixed-use structure is prohibited, except that an addition to a mixed use structure that results in expansion of only non-residential floors of said structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. b. Any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of cumulative substantial improvement. bc. For an addition to a mixed-use structure, compliance with the requirements of § 10-38 may be substituted for compliance with the applicable requirement of Subsection 10-37(b). cd. A new basement may be constructed below the regulatory flood protection elevation in an addition to a mixed-use structure, provided that: 1. All residential use is on a floor completely above the regulatory flood protection elevation; and 2. All applicable requirements, including, but not limited to, the requirements of § 10-38, are met. . . . (5) Attached garages. a. Addition of an attached garage to a mixed-use structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met by the attached garage. b. Any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of cumulative substantial improvement. bc. For a garage attached to a mixed-use structure, compliance with the requirements of § 10-38 or the requirements of § 10-39 may be substituted for compliance with the applicable requirements of Subsection 10-37(b). ITEM 5, ATTACHMENT 2 Packet Pg. 37 DRAFT FOR DISCUSSION ONLY - SUBJECT TO FURTHER REVIEW AND REVISION (6) Accessory structures. a. Construction of a new accessory structure or addition to an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. b. Any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of cumulative substantial improvement. bc. Remodeling or repair of an accessory structure, including reconstruction of an accessory structure that has been substantially damaged, is allowed, provided that, after completion of any cumulative substantial improvement, all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. cd. Redevelopment of an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. de. For an accessory structure, compliance with the requirements of § 10-38 or the requirements of § 10-39 may be substituted for compliance with the applicable requirements of Subsection 10-37(b). ef. A new basement may be constructed below the regulatory flood protection elevation in an accessory structure, provided that all applicable requirements, including, but not limited to, the requirements of § 10-38, are met. fg. A nonconforming basement below the regulatory flood protection elevation may remain in an accessory structure, provided that, after completion of any cumulative substantial improvement or redevelopment, all applicable requirements, including, but not limited to, the requirements of § 10-38, are met. Section 8. That Section 10-80(b)(1) of the Code of the City of Fort Collins is hereby amended by the addition of a new subparagraph e. which reads in its entirety as follows and all subsequent subparagraphs shall be renumbered accordingly: Sec. 10-80. - Removal of property from Poudre River flood fringe. . . . (b) LOMR-F. Property located in the flood fringe of the Poudre River shall be considered removed from the flood fringe if a FEMA Letter of Map Revision based on Fill (LOMR-F) removing the property from the flood fringe based on fill has been issued by FEMA and remains in effect. (1) LOMR-F Review and Approval. The Utilities Executive Director shall review any application for a LOMR-F removing property from the flood fringe, and the following ITEM 5, ATTACHMENT 2 Packet Pg. 38 DRAFT FOR DISCUSSION ONLY - SUBJECT TO FURTHER REVIEW AND REVISION conditions shall apply to any LOMR-F certified by the City as reasonably safe from flooding: . . . e. Any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of cumulative substantial improvement. . . . Section 9. That Section 10-102 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-102. - Specific standards for residential development in floodways. . . . (6) Attached garages. a. Addition of an attached garage to a residential structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-45 and the requirements of § 10-37, are met by the garage portion of the structure. b. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in §10-37. bd. For a garage attached to a residential structure, compliance with the requirements of § 10-38 or the requirements of § 10-39 may be substituted for compliance with the applicable requirements of Subsection 10-37(b). (7) Accessory structures. a. Construction of a new accessory structure or addition to an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-45 and the requirements of § 10-37, are met by the accessory structure. ITEM 5, ATTACHMENT 2 Packet Pg. 39 DRAFT FOR DISCUSSION ONLY - SUBJECT TO FURTHER REVIEW AND REVISION b. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in §10-37. bd. Remodeling and repair of an accessory structure is allowed, provided that, after completion of any substantial improvement, all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. ce. Redevelopment of an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. df. For an accessory structure, compliance with the requirements of § 10-38 or the requirements of § 10-39 may be substituted for compliance with the applicable requirements of Subsection 10-37(b). eg. No new basement may be constructed below the regulatory flood protection elevation in any accessory structure. fh. A nonconforming basement below the regulatory flood protection elevation may remain in an accessory structure, provided that, after completion of any substantial improvement or redevelopment, all applicable requirements, including, but not limited to, the requirements of § 10-38, are met. . . . Section 9. That Section 10-103 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-103. - Specific standards for nonresidential development in floodways. . . . (2) Addition. a. Addition to a nonresidential structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-45 and the requirements of § 10-37, are met. b. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. ITEM 5, ATTACHMENT 2 Packet Pg. 40 DRAFT FOR DISCUSSION ONLY - SUBJECT TO FURTHER REVIEW AND REVISION c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in §10-37. bd. For an addition to a nonresidential structure, compliance with the requirements of § 10-38 may be substituted for compliance with the applicable requirements of Subsection 10-37(b). ce. No new basement may be constructed below the regulatory flood protection elevation in an addition to a nonresidential structure. . . . (6) Attached garages. a. Addition of an attached garage to a nonresidential structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-45 and the requirements of § 10-37, are met by the attached garage. b. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in § 10-37. bd. For a garage attached to a nonresidential structure, compliance with the requirements of §10-38 or the requirements of § 10-39 may be submitted for compliance with the applicable requirements of Subsection 10-37(b). (7) Accessory structures. a. Construction of a new accessory structure or addition to an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-45 and the requirements of § 10-37, are met by the accessory structure. b. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in §10-37. ITEM 5, ATTACHMENT 2 Packet Pg. 41 DRAFT FOR DISCUSSION ONLY - SUBJECT TO FURTHER REVIEW AND REVISION bd. Remodeling and repair of an accessory structure is allowed, provided that, after completion of any substantial improvement, all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. ce. Redevelopment of an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. df. For an accessory structure, compliance with the requirements of § 10-38 or the requirements of § 10-39 may be substituted for compliance with the applicable requirements of Subsection 10-37(b). eg. No new basement may be constructed below the regulatory flood protection elevation in any accessory structure. fh. A nonconforming basement below the regulatory flood protection elevation may remain in an accessory structure, provided that, after completion of any substantial improvement or redevelopment, all applicable requirements, including, but not limited to, the requirements of § 10-38, are met. . . . Section 10. That Section 10-104 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-104. - Specific standards for mixed-use development in floodways. . . . (2) Addition. a. Addition to a mixed-use structure for residential use is prohibited. b. Addition to the nonresidential use portions of a mixed-use structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-45 and the requirements of § 10-37, are met. c. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. d. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in Section 10-37. ce. For an addition to a mixed-use structure, compliance with the requirements of § 10-38 may be substituted for compliance with the applicable requirements of Subsection 10-37(b). ITEM 5, ATTACHMENT 2 Packet Pg. 42 DRAFT FOR DISCUSSION ONLY - SUBJECT TO FURTHER REVIEW AND REVISION df. No new basement may be constructed below the regulatory flood protection elevation in an addition to a mixed-use structure. . . . (5) Attached garages. a. Addition of a new attached garage to a mixed-use structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-45 and the requirements of § 10-37, are met by the attached garage. b. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in §10-37. bd. For a garage attached to a mixed-use structure, compliance with the requirements of § 10-38 or the requirements of § 10-39 may be substituted for compliance with the applicable requirements of Section 10-37(b). (6) Accessory structures. a. Construction of a new accessory structure or addition to an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-45 and the requirements of § 10-37, are met by the accessory structure. b. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in Section 10-37. bd. Remodeling and repair of an accessory structure is allowed, provided that, after completion of any substantial improvement, all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. ce. Redevelopment of an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. ITEM 5, ATTACHMENT 2 Packet Pg. 43 DRAFT FOR DISCUSSION ONLY - SUBJECT TO FURTHER REVIEW AND REVISION df. For an accessory structure, compliance with the requirements of § 10-38 or the requirements of § 10-39 may be substituted for compliance with the applicable requirements of Subsection 10-37(b). eg. No new basement may be constructed below the regulatory flood protection elevation in any accessory structure. fh. A nonconforming basement below the regulatory flood protection elevation may remain in an accessory structure, provided that, after completion of any substantial improvement or redevelopment, all applicable requirements, including, but not limited to, the requirements of § 10-38, are met. . . . Section 11. That Section 10-108 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-108. - Specific standards for residential development in flood fringe. . . . (2) Additions. a. An addition to a residential structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. b. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in Section 10-37. bd. No new basement may be constructed below the regulatory flood protection elevation in any addition to a residential structure. . . . (6) Attached garages. a. Addition of an attached garage to a residential structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met by the attached garage. b. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. ITEM 5, ATTACHMENT 2 Packet Pg. 44 DRAFT FOR DISCUSSION ONLY - SUBJECT TO FURTHER REVIEW AND REVISION c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in Section 10-37. bd. For a garage attached to a residential structure, compliance with the requirements of § 10-38 or the requirements of § 10-39 may be substituted for compliance with the applicable requirements of Subsection 10-37(b). (7) Accessory structures. a. Construction of a new accessory structure or addition to an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. b. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in Section 10-37. bd. Remodeling and repair of an accessory structure is allowed, provided that, after completion of any substantial improvement, all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. ce. Redevelopment of an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. df. For an accessory structure, compliance with the requirements of § 10-38 or the requirements of § 10-39 may be substituted for compliance with the applicable requirements of Subsection 10-37(b). eg. A new basement may be constructed below the regulatory flood protection elevation in an accessory structure, provided that all applicable requirements, including, but not limited to, the requirements of § 10-38, are met. fh. A nonconforming basement below the regulatory flood protection elevation may remain in an accessory structure, provided that, after completion of any substantial improvement or redevelopment, all applicable requirements, including, but not limited to, the requirements of § 10-38, are met. . . . Section 12. That Section 10-109 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-109. - Specific standards for nonresidential development in flood fringe. ITEM 5, ATTACHMENT 2 Packet Pg. 45 DRAFT FOR DISCUSSION ONLY - SUBJECT TO FURTHER REVIEW AND REVISION . . . (2) Additions. a. Addition to a nonresidential structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. b. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in Section 10-37. bd. For an addition to a nonresidential structure, compliance with the requirements of § 10-38 may be substituted for compliance with the applicable requirements of Subsection 10-37(b). ce. A new basement may be constructed below the regulatory flood protection elevation in an addition to a nonresidential structure, provided that all applicable requirements, including, but not limited to, the requirements of § 10-38, are met. . . . (6) Attached garages. a. Addition of an attached garage to a nonresidential structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met by the attached garage. b. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in Section 10-37. bd. For a garage attached to a nonresidential structure, compliance with the requirements of § 10-38 or the requirements of § 10-39 may be substituted for compliance with the applicable requirements of Subsection 10-37(b). (7) Accessory structures. ITEM 5, ATTACHMENT 2 Packet Pg. 46 DRAFT FOR DISCUSSION ONLY - SUBJECT TO FURTHER REVIEW AND REVISION a. Construction of a new accessory structure or addition to an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. b. In FEMA basin floodplains, any new addition must either be designed and certified by a registeredColorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in Section 10-37. bd. Remodeling and repair of an accessory structure is allowed, provided that, after completion of any substantial improvement, all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. ce. Redevelopment of an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. df. For an accessory structure, compliance with the requirements of § 10-38 or the requirements of § 10-39 may be substituted for compliance with the applicable requirements of Subsection 10-37(b). eg. A new basement may be constructed below the regulatory flood protection elevation in an accessory structure, provided that all applicable requirements, including, but not limited to, the requirements of § 10-38, are met. fh. A nonconforming basement below the regulatory flood protection elevation may remain in an accessory structure, provided that, after completion of any substantial improvement or redevelopment, all applicable requirements, including, but not limited to, the requirements of § 10-38, are met. . . . Section 13. That Section 10-110 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-110. - Specific standards for mixed-use development in flood fringe. . . . (2) Additions. a. Addition to a mixed-use structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. b. In FEMA basin floodplains, any new addition must either be designed and certified by a registeredColorado registered professional engineer and/or architect ITEM 5, ATTACHMENT 2 Packet Pg. 47 DRAFT FOR DISCUSSION ONLY - SUBJECT TO FURTHER REVIEW AND REVISION as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in Section 10-37. bd. For an addition to a mixed-use structure, in the event that all residential use is on a floor completely above the regulatory flood protection elevation, compliance with the requirements of § 10-38 may be substituted for compliance with the applicable requirements of Subsection 10-37(b). ce. A new basement may be constructed below the regulatory flood protection elevation in an addition to a mixed-use structure, provided that: 1. All residential use is on a floor completely above the regulatory flood protection elevation; and 2. All applicable requirements, including, but not limited to, the requirements of § 10-38, are met. . . . (5) Attached garages. a. Addition of an attached garage to a mixed-use structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met by the attached garage. b. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in Section 10-37. bd. For a garage attached to a mixed-use structure, compliance with the requirements of § 10-38 or the requirements of § 10-39 may be substituted for compliance with the applicable requirements of Subsection 10-37(b). (6) Accessory structures. a. Construction of a new accessory structure or addition to an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. b. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a ITEM 5, ATTACHMENT 2 Packet Pg. 48 DRAFT FOR DISCUSSION ONLY - SUBJECT TO FURTHER REVIEW AND REVISION structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in Section 10-37. bd. Remodeling and repair of an accessory structure is allowed, provided that, after completion of any substantial improvement, all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. ce. Redevelopment of an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. df. For an accessory structure, compliance with the requirements of § 10-38 or the requirements of § 10-39 may be substituted for compliance with the applicable requirements of Subsection 10-37(b). eg. A new basement may be constructed below the regulatory flood protection elevation in an accessory structure, provided that all applicable requirements, including, but not limited to, the requirements of § 10-38, are met. fh. A nonconforming basement below the regulatory flood protection elevation may remain in an accessory structure, provided that, after completion of any substantial improvement or redevelopment, all applicable requirements, including, but not limited to, the requirements of § 10-38, are met. . . . Section 14. That Section 10-113(b) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-113. Removal of property from flood fringe of FEMA basin floodplains. . . . (b) LOMR-F. Property located in the flood fringe of a FEMA basin floodplain shall be considered removed from the flood fringe if a FEMA Letter of Map Revision based on Fill (LOMR-F) removing the property from the flood fringe has been issued by FEMA and remains in effect. (1) LOMR-F Review and Approval. The Utilities Executive Director shall review any application for a LOMR-F removing property from the flood fringe based on fill, and the following conditions shall apply to any LOMR-F certified by the City as reasonably safe from flooding: a. A floodplain use permit shall be obtained for any development in a LOMR- F area. ITEM 5, ATTACHMENT 2 Packet Pg. 49 DRAFT FOR DISCUSSION ONLY - SUBJECT TO FURTHER REVIEW AND REVISION b. Any new structure, accessory structure, attached garage, or addition, substantial improvement or redevelopment must meet all applicable requirements, including, but not limited to, the requirements of § 10-37, except that for nonresidential structures and mixed-use structures with all residential use on a floor completely above the regulatory flood protection elevation, compliance with the requirements of § 10-38 may be substituted for compliance with the applicable requirements of Subsection 10-37(b). c. Any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. cd. Critical facilities and expansions of critical facilities are prohibited. de. Manufactured homes and mobile buildings other than a nonconforming manufactured home or mobile building are prohibited, except that: 1. A manufactured home or mobile building may be replaced, provided that the replacement manufactured home or mobile building complies with all applicable requirements, including, but not limited to, the requirements of § 10-41. 2. Manufactured home parks and mobile building developments, other than nonconforming manufactured home parks and mobile building developments, are prohibited. 3. Expansion of a manufactured home park or a mobile building development is prohibited. (2) Unconditional or Annexed LOMR-F Approvals. For any development in an area removed from the flood fringe through a LOMR-F that did not include the conditions described in Paragraph (b)(1), or that was approved prior to annexation to the City, the development must meet all requirements of Paragraph (b)(1) in addition to meeting all conditions of the LOMR-F approval, except that, for properties annexed to the city prior to January 1, 2014, only the following shall apply: a. The development must meet all conditions of the LOMR-F approval; and b. For any new structure, accessory structure, attached garage or addition, substantial improvement or redevelopment, the development must also meet requirements of § 10-37, except that: 1. The applicable flood protection elevation required shall be twelve (12) inches above the base flood elevation, regardless of the elevation level stated in § 10-37; and ITEM 5, ATTACHMENT 2 Packet Pg. 50 DRAFT FOR DISCUSSION ONLY - SUBJECT TO FURTHER REVIEW AND REVISION 2. For nonresidential structures and mixed-use structures with all residential use on a floor completely above the regulatory flood protection elevation, compliance with the requirements of § 10-38 may be substituted for compliance with the elevation requirement in Subparagraph (b)(2)b.1. c. Any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. Introduced, considered favorably on first reading, and ordered published this ___ day of ________, A.D. 2021, and to be presented for final passage on the ___ day of _____, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this _____ day of ____, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ City Clerk ITEM 5, ATTACHMENT 2 Packet Pg. 51 City of Fort Collins Floodplain Regulations FOR ALL FLOODPLAINS other than the Poudre River Quick GuideQuick Guide Note: This guide was prepared as an educational tool to help explain portions of the floodplain regulations, and is not intended as a complete or detailed explanation of the legal requirements that may apply to a particular property. Article II of Chapter 10 of the City Code specifies the requirements and prohibitions that are outlined generally in this guide and is the controlling legal document in the event of any conflict or inconsistency between this guide and the City Code. The Code provisions can be found at http://www.colocode.com/ftcollins/municipal/chapter10.htm. Prepared by Fort Collins Utilities, PO Box 580, 700 Wood St., Fort Collins, CO 80522-0580 970-416-2632 • fcgov.com/stormwater/fldplain.php 3/18 ITEM 5, ATTACHMENT 3 Packet Pg. 52 2 Table of Odds for Different Events Floodplain Facts • Property in the 100-year floodplain has a 1 percent chance in any given year of being flooded. • Over a 30-year period, there is a 26 percent chance that a property in the 100-year floodplain will be flooded. For comparison, there is only a 5 percent chance that the building will catch fire during that same 30-year period. • Some properties have an even higher risk of flooding because they are in areas where smaller, more frequent floods cause damage. Purpose of Floodplain Regulations Event Odds Structure in the 100-year floodplain being flooded in any given year Matching one number plus Powerball in the Powerball Lottery Structure in the 500-year floodplain being flooded in any given year Annual chance of being killed in a car accident if you drive 10,000 miles/year Being struck by lightning Winning the Powerball Lottery jackpot (matching five numbers and the Powerball) 1 in 100 1 in 124 1 in 500 1 in 4,000 1 in 600,000 1 in 120,526,770 ITEM 5, ATTACHMENT 3 Packet Pg. 53 3 Types of Floodplains Floodplain Name Poudre River Spring Creek Dry Creek Cooper Slough Boxelder Creek Fossil Creek Old Town Canal Importation McClellands Creek Mail Creek Foothills Channel West Vine FEMA-Basin X X X X City-BasinPoudre River X X X X X X X X Floodplain Designations • In Fort Collins, floodplains are designated by the City as well as by the Federal Emergency Management Agency (FEMA). • The FEMA-basin floodplains cover only the major drainages. Changes in these floodplains must be approved by FEMA (p. 5). • The City-basin floodplains further identify the flood hazard. Some of the flooding in City-basin floodplains is from irrigation ditch spills or undersized storm sewers that result in overland flooding. Changes in these floodplains can be approved by the City (p. 5). • For floodplain regulation purposes, a floodplain property is either in a FEMA-basin floodplain, a City-basin floodplain or the Poudre River floodplain. ITEM 5, ATTACHMENT 3 Packet Pg. 54 4 • The floodway is the portion of the floodplain with the greatest depths and velocities. • The floodway is the area of highest risk. • The floodway must be preserved to allow the floodwater to pass through without being obstructed. • Areas along the flood fringe are allowed to be filled and developed, but this raises the 100-year flood level. The City has set an allowable rise of 0.5 feet. Floodway ITEM 5, ATTACHMENT 3 Packet Pg. 55 5 Floodway Modifications • Floodways can be modified, but the applicant must be able to show that the project casues no-rise in the 100-year flood level. • In FEMA-basin floodplains, the applicant must submit information to FEMA for approval before construction and after construction if certain changes are being made. If the applicant’s project causes a rise, there are two options: 1. In FEMA-basin floodplains, the applicant must show the entire rise is on their property or obtain easements from other property owners. No structures can be impacted by a rise in the flood level. 2. In City-basin floodplains, the applicant must show that the entire rise is on their property or obtain easements from other property owners. Example of a Floodway Modification ITEM 5, ATTACHMENT 3 Packet Pg. 56 6 Summary of Floodway Development Regulations Residential Development • New residential development is not allowed. • Fill is not allowed unless the applicant can show no-rise (Floodway Modifications, p. 5). • Residential additions are not allowed. • Remodels are allowed subject to the substantial improvement requirements (p. 14-15). • Manufactured homes are allowed only in existing manufactured home parks. • Redevelopment (rebuild) of an existing structure is allowed (p. 14-15). Must meet the freeboard requirements for redevelopments (p. 10). • Detached garages and sheds are allowed if the applicant can show no-rise (p. 17 and Floodway Modifications, p. 5). Non-Residential Development • New non-residential development is allowed if the applicant can show no-rise (Floodway Modifications, p. 5). Must meet the freeboard requirements (p. 10-11). • Fill is not allowed unless the applicant can show no-rise (Floodway Modifications, p. 5). • Non-residential additions are allowed if the applicant can show no-rise (Floodway Modifications, p. 6). Must meet the freeboard requirements (p. 10-11). • Remodels are allowed subject to the substantial improvement requirements (p. 14-16). • Mobile buildings (modular offices) are allowed only in existing mobile building developments. • Redevelopment (rebuild) of an existing structure is allowed (p. 14-16). Must meet the freeboard requirements for redevelopments (p. 10-11). • Attached garages, detached garages and sheds are allowed if the applicant can show no-rise (p. 17 and Floodway Modifications, p.5). Mixed-Use Development • New mixed-use development is not allowed. • Fill is not allowed unless the applicant can show no-rise (Floodway Modifications, p. 5). • Residential additions are not allowed to a mixed-use structure. Non-residential additions are allowed to a mixed-use structure if the applicant can show no-rise (Floodway Modifications, p. 5). Must meet the freeboard requirements (p. 10-11). • Remodels are allowed subject to the substantial improvement requirements (p. 14-16). • Redevelopment (rebuild) of an existing structure is allowed (p. 14-16). Must meet the freeboard requirements for redevelopments (p. 10-11). • Detached garages and sheds are allowed if the applicant can show no-rise (p. 17 and Floodway Modifications, p. 5). ITEM 5, ATTACHMENT 3 Packet Pg. 57 7 • Critical facilities are not allowed (p. 18). • New basements are not allowed below the freeboard level (p. 10). An existing basement in a redeveloped or substantially improved structure is not allowed to remain (p. 10 and 14-15). • Critical facilities are not allowed (p. 18). • New basements are not allowed below the freeboard level (p. 10-11). An existing basement in a redeveloped or substantially improved structure can remain if floodproofed (p. 10-11 and 14-16). • New outside storage of equipment or materials is not allowed unless the applicant can show no rise (Floodway Modifications, p.5). • Critical facilities are not allowed (p. 18). • New basements are not allowed below the freeboard level (p. 10-11). An existing basement in a redeveloped or substantially improved structure is not allowed to remain if it is in residential use (p. 10 and 14-15). An existing basement in a redeveloped or substantially improved structure is allowed to remain if it is in nonresidential use and floodproofed (p. 10-11 and 14-16). • New outside storage of equipment or materials is not allowed unless the applicant can show no rise (Floodway Modifications, p.5) Summary of Floodway Development Regulations (continued) Residential Development Non-Residential Development Mixed-Use Development ITEM 5, ATTACHMENT 3 Packet Pg. 58 8 Summary of Floodplain Fringe Development Regulations Residential Development • New residential development is allowed. Must meet the freeboard requirements (p. 10). • Fill is allowed. • Residential additions are allowed. Must meet the freeboard requirements (p. 10). • Remodels are allowed subject to the substantial improvement requirements (p. 14-15). • Manufactured homes are allowed only to replace an existing manufactured home or fill a vacant lot in an existing manufactured home park. • Redevelopment (rebuild) of an existing structure is allowed (p. 14-15). Must meet the freeboard requirements for redevelopments (p. 10). • Attached garages, detached garages and sheds are allowed (p. 17). • Critical facilities are not allowed (p. 18). Non-Residential Development • New non-residential development is allowed. Must meet the freeboard requirements (p. 10-11). • Fill is allowed. • Non-residential additions are allowed. Must meet the freeboard requirements (p. 10-11). • Remodels are allowed subject to the substantial improvement requirements (p. 14-16). • Mobile buidlings (modular offices) are allowed only to replace an existing mobile building or fill a vacant lot in an existing mobile building development. • Redevelopment (rebuild) of an existing structure is allowed (p. 14-16). Must meet the freeboard requirements for redevelopments (p. 10-11). • Attached garages, detached garages and sheds are allowed (p. 17). • Critical facilities are not allowed (p. 18). Mixed-Use Development • New mixed-use development is allowed. Must meet the freeboard requirements (p. 10-11). • Fill is allowed. • Mixed-use additions are allowed. Must meet the freeboard requirements (p. 10-11). • Remodels are allowed subject to the substantial improvement requirements (p. 14-16). • Redevelopment (rebuild) of an existing structure is allowed (p. 14-16). Must meet the freeboard requirements for redevelopments (p. 10-11). • Attached garages, detached garages and sheds are allowed (p. 17). • Critical facilities are not allowed (p. 18). ITEM 5, ATTACHMENT 3 Packet Pg. 59 9 Mixed-Use Development • New basements are not allowed below the freeboard level for residential portions of mixed-use structures (p. 10). An existing basement in a redeveloped or substantially improved structure is not allowed to remain if it is in residential use (p. 10 and 14-15). New basements are allowed for non- residential portions of mixed-use structures. Must meet freeboard requirements and be floodproofed (p. 10-11). An existing basement in a redeveloped or substantially improved structure is allowed to remain if it is in non- residential use and floodproofed (p. 10-11 and 14-16). Non-Residential Development • New basements are allowed. Must meet freeboard requirements and be floodproofed (p. 10-11). An existing basement below the freeboard level in a redeveloped or substantially improved structure can remain if floodproofed (p. 10-11 and 14-16). Residential Development • New basements are not allowed below the freeboard level (p. 10). An existing basement in a redeveloped or substantially improved structure is not allowed to remain (p. 10 and 14-15). Summary of Floodplain Fringe Development Regulations (continued)ITEM 5, ATTACHMENT 3 Packet Pg. 60 10 Freeboard • Freeboard is a factor of safety that accounts for the allowed rise in flood level due to development in the flood fringe and for larger floods and debris that may cause the flood elevation to be higher. • Freeboard is a measure of how high above the flood level the structure must be built or floodproofed. Residential Structures and Residential Portions of Mixed-Use Structures • Freeboard for new development and redevelopment of an existing structure, including any attached garages, is 18 inches; • Freeboard for additions and substantial improvements (including attached garages) is 12 inches; • Freeboard for new detached garages or sheds that are accessory to an existing structure is 12 inches (p. 17); • Must elevate the structure; not allowed to floodproof; and • The lowest floor of the structure (p. 12-13), including the basement, all HVAC and electrical, must be elevated above the freeboard height. Example of new development residential elevation (See p. 12-13 for detailed foundation designs) Slab on grade foundation Crawl space foundation ITEM 5, ATTACHMENT 3 Packet Pg. 61 11 Freeboard continued Floodproofing uses various techniques to make a building water tight: • Sealants and waterproof membranes; • Closure shields in front of doorways; and • Mini-walls to protect window or stair wells. Floodproofing generally works only when flood depths are less than 3 feet. elevated 12” Example of new development non-residential floodproofing Example of residential addition Non-Residential Structures and Non-Residential Portions of Mixed-Use Structures • Freeboard for new development and redevelopment of an existing structure, including any attached garages, is 18 inches; • Freeboard for additions and substantial improvements (including attached garages) is 12 inches; • Freeboard for new detached garages or sheds that are accessory to an existing structure is 12 inches (p 17); • Allowed to either elevate or floodproof the structure; • In the floodway, new basements are not allowed; • If elevating, the lowest floor of the structure (p. 12-13), including the basement, all HVAC and electrical, must be elevated above the freeboard height; and • If floodproofing, the structure as well as all HVAC and electrical, must be floodproofed to the freeboard height. ITEM 5, ATTACHMENT 3 Packet Pg. 62 12 Determination of Lowest Floor Based on Type of Foundation Slab on Grade The lowest floor elevation of a slab on grade structure is measured at the top of the slab. Basement The lowest floor elevation of a structure with a basement is measured at the top of the basement slab. Enclosure (above grade crawl space) 2. The lowest floor elevation of a structure with an enclosure that is not built in accordance with the venting criteria (p. 17) is measured at the lowest interior grade of the enclosure. Lowest floor elevation Freeboard Floor slab on grade Freeboard Vents Enclosure Lowest floor elevation Unfinished area no HVAC Vents Lowest floor elevation Freeboard Basement Basement slab Freeboard Can have HVAC in enclosed area Lowest floor elevation Enclosure 1. The lowest floor elevation of a structure with an enclosure that is built in accordance with the venting criteria (p. 17) is measured at the floor of the first finished floor. ITEM 5, ATTACHMENT 3 Packet Pg. 63 13 Determination of Lowest Floor Based on Type of Foundation continued Crawl Space (below grade) The lowest floor of a structure with a crawl space is measured at the lowest finished floor if the following conditions are met: a. The velocity of the flood flows hitting the structure is less that 5 feet per second; b. The interior grade elevation that is below the flood elevation is no lower than 2 feet below the lowest adjacent grade; c. The height of the crawl space, as measured from the lowest interior grade of the crawl space to the top of the foundation wall, does not exceed 4 feet at any point; d. An adequate drainage system is in place, including a totally immersible pump; e. All ductwork, HVAC, hot water heater and electrical is elevated to the regulatory flood protection elevation; and f. Venting requirements (p. 17) are met. If the above conditions are not met, the lowest floor is determined based on the criteria for a basement (p. 12). Pump f Vent b Maximum 2 feet Freeboard a Velocity < 5 ft. per sec. c No more than 4 feet to top of foundation wall Crawl space e Duct Work d ITEM 5, ATTACHMENT 3 Packet Pg. 64 14 Ve rtical (Pop-top) addition All remodel work, including vertical addition, counts toward substantial improvement Remodels or Repair of Damaged Buildings Remodels and repairs are allowed subject to the substantial improvement requirements (p. 15-16). Vertical additions (pop-tops) are considered a remodel and are subject to the substantial improvement requirements (p. 15-16). ITEM 5, ATTACHMENT 3 Packet Pg. 65 15 Substantial Improvement and Redevelopment Residential Structures and Residential Portions of Mixed-Use Structures If a substantial improvement occurs, the lowest floor (p. 12-13) of a non-conforming structure, including the basement, and all HVAC, electrical and utilities, must be elevated 12 inches above the flood elevation. After improvements, the structure will be protected from flood damage. If a redevelopment occurs, the lowest floor (p. 12-13) of a non-conforming structure, including the basement, all HVAC, electrical and utilities, must be elevated 18 inches above the flood elevation. After improvements, the structure will be protected from flood damage. elevated 12" or 18" Substantial improvement occurs when all of the following conditions are met: 1. A building permit is requested for any repair, reconstruction or improvement to a non-conforming structure, involving alteration of any wall, ceiling, floor or other structural part of the building; 2. The cost of the improvement, or the amount of damage, equals or exceeds 50 percent of the market value of the structure either before the improvement or repair is started or before the building was damaged; and 3. The cost is calculated on a per project basis. A project is based on all building permits issued during the 12-month period preceeding the floodplain permit application date. A substantial improvement policy ensures that non-conforming structures are brought into conformance over time and are therefore, protected from flood damage and the risk to occupants is reduced. Redevelopment occurs when there is a substantial improvement and more than 50 percent of the wall perimeter of any floor of a structure that is partially or completely below the flood elevation is removed or replaced and the building footprint is not increased. Example of residential substantial improvement or redevelopment ITEM 5, ATTACHMENT 3 Packet Pg. 66 16 Non-Residential Structures and Non-Residential Portion of Mixed-Use Structures If a substantial improvement occurs, the lowest floor (p. 12-13) of a non-conforming structure, including the basement and all HVAC and electrical, must be elevated or floodproofed 12 inches above the flood elevation. After improvements, the structure will be protected from flood damage. Store StoreStore Store Basement Store Store Basement Apartments Apartments Substantial Improvement and Redevelopment continued Example of non-residential and mixed-use substantial improvements or redevelopments If a redevelopment occurs, the lowest floor (p. 12-13) of a non-conforming structure, including the basement and all HVAC and electrical, must be elevated or floodproofed 18 inches above the flood elevation. After improvements, the structure will be protected from flood damage. ITEM 5, ATTACHMENT 3 Packet Pg. 67 17 Example of attached structure Example of detached structure Use flood resistant materials to 18" above flood level • Used only for parking or storage; • Is an accessory to a main structure; • Must be anchored to resist flotation; • Can either elevate to freeboard level (p. 10-11) or be built at grade; • If not elevated to freeboard level, the garage or shed must meet the following requirements: –Must have 1 square inch of venting for every square foot of enclosed area; –Must have at least two vents located on different sides of the structure; –Have at least one vent on the upstream side of the structure; –Bottom of vents cannot be higher than 1 foot above grade; –Flood resistant materials must be used below the freeboard level (p. 10-11); and –All HVAC and electrical must be elevated to the freeboard level (p. 10-11). Garages, Sheds and Accessory Structures ITEM 5, ATTACHMENT 3 Packet Pg. 68 18 Critical Facilities COMMUNICATIONS HUB POLICE or FIRE STATION HOSPITAL, URGENT CARE, SURGICAL CENTER JAIL LIBRARY At-Risk Populations Critical Facilities Government Services Critical Facilities Essential Services Critical Facilities Hazardous Materials Critical Facilities Critical facilities are not allowed in the floodplain fringe or floodway. Examples of critical facilities are shown below: ITEM 5, ATTACHMENT 3 Packet Pg. 69 19 Letter of Map Revision Based on Fill • A Letter of Map Revision Based on Fill (LOMR-Fill) is a FEMA process whereby a property in the flood fringe can be filled and is no longer considered in the floodplain for insurance requirements. • A community must sign-off on the application to FEMA and certify that all existing and future structures will be “reasonably safe from flooding.” • To meet this “reasonably safe from flooding” standard, all floodplain requirements (p. 8-9) must be met even if fill is placed and the property is “removed” from the floodplain by FEMA. Example of fill placed in the flood fringe ITEM 5, ATTACHMENT 3 Packet Pg. 70 20 Erosion Buffer Limits • Erosion hazard areas occur where the channel bed and banks are unstable, causing the stream to move over time. • Migration is a natural characteristic of a stream. Some streams are more prone to migration than others depending on the type of material that makes up the bed and banks. • Urbanization can have a pronounced impact on these natural processes, resulting in accelerated erosion. • Erosion buffer limits have been delineated for those streams that are subject to severe erosion hazards. These include Fossil Creek, Boxelder Creek, McClellands Creek and Mail Creek. • If development is restricted from these unstable areas, there will be less need in the future to defend the development from the stream. Defending the development may solve one problem but could create another upstream or downstream. ITEM 5, ATTACHMENT 3 Packet Pg. 71 21 Requirements within erosion buffer limits • Structures are not allowed. • Irrigated grasses or shrubs are not allowed. • Detention ponds or water quality ponds are not allowed. • Parking lots are not allowed. • Temporary or permanent storage of materials is not allowed. • The area within the buffer must not be used for construction traffic for any development. • All utilities must be kept out except for necessary stream crossings. • Bike paths must be kept out except for necessary stream crossings. • Road bridges must span the entire buffer limit. If there is no possibility of spanning the entire limit, the location crossing and design of abutments must be done so as to limit disturbance of the channel banks. • Grading or excavation is not allowed in the buffer unless associated with a bridge or utility crossing as noted above. • A stability study may be required. Erosion Buffer Limits continued ITEM 5, ATTACHMENT 3 Packet Pg. 72 22 Building Permit and Development Review Approval Requirements • Floodplain Use Permit for any work being done on a structure or property in the floodplain. The permit fees are shown in the table on page 23. • Building plans showing foundation design, flood elevation, floor elevations, HVAC elevations, size and locations of vents, floodproofing design, emergency response and preparedness plan and other relevant information. • No-Rise certification if working in the floodway. • Floodplain Modeling Report if doing a floodway modification (p. 5). (See separate modeling guidelines handout.) • Other plans or reports to document information such as grading, fill, channel stability and floodplain boundaries. Certificate of Occupancy Approval Requirements • FEMA Elevation Certificate or FEMA Floodproofing Certificate for any new structure, addition, substantial improvement or redevelopment built in any floodplain. Allow two weeks for review and approval. Requires licensed surveyor for elevation certificate; requires licensed engineer or architect for floodproofing certificate. • No-Rise certification if working in the floodway. • As-built modeling report, if applicable. Variances The Fort Collins Water Board has the authority to issue variances to the floodplain regulations if certain requirements are met. The Board meets the third Thursday of the month. An application packet must be submitted three weeks prior to the board meeting, with a $1,000 application fee. (See separate variance submittal handout for documentation and justification requirements.) Floodplain Information and Assistance Call Fort Collins Utilities at (970) 416-2632 or e-mail utilities@fcgov.com to determine if a property is in the floodplain or to discuss floodplain regulations. More information about floodplain managment in Fort Collins is available at fcgov.com/stormwater/flooding. Required Documentation and Submittals (Note: Some items may require a registered professional engineer.) ITEM 5, ATTACHMENT 3 Packet Pg. 73 23 Floodplain Permit Fees ITEM 5, ATTACHMENT 3 Packet Pg. 74 24 Flood Insurance Information Who needs flood insurance? EVERYONE. Flood Insurance is available for ALL properties in the City of Fort Collins, regardless of location. Approximately 25% of damages occur in low risk areas. Flood Insurance is required by lenders for any structure in a FEMA 100-year floodplain.Lenders have the option of requiring it in any other area. • New flood insurance policies will require a FEMA Elevation Certificate documenting the elevation of the structure. • Fort Collins Utilities has elevation certificates on file for many structures in the City of Fort Collins, free of charge, by calling 970-416-2632 or visiting www.fcgov.com/elevation-certificate. • Documenting the elevation of the structure allows the flood insurance premium to be calculated based on the risk. • The higher the structure is elevated above the 100-year flood level, the lower the insurance premium. Flood Insurance is not mandatory in City-designated floodplains. However, it is strongly recommended. • Look into a “Preferred Risk” Flood Insurance Policy. It combines structural coverage and contents coverage at a more affordable price. Important Considerations • There is a 30-day waiting period before flood insurance becomes effective. • Disaster assistance is only available for major flood events and does not cover the entire cost to rebuild your home or business. • Fort Collins is subject to flash flooding—there is little warning time to move your contents to safer locations. You can receive up to a 40% discount on your flood insurance premiums. • Fort Collins has some of the lowest flood insurance premiums in the United States due to its proactive floodplain management program. • Check with your insurance agent to make sure you are receiving the FEMA Community Rating System (CRS) Discount for Fort Collins being a Class 4 Community. To learn more, visit http://www.floodsmart.gov/, contact your insurance agent, or call FEMA at 1-888-379-9531. ITEM 5, ATTACHMENT 3 Packet Pg. 75 25 Example of Flood Risk Map WELCH ST E STUART STS LEMAY AVE E PROSPECT RDLUKE STEMIGH STYOUNT STPATTON STPAWNEE DR EDORA RDLAKE PL ESEMINOLE DR E LAKE ST SOLSTICE LNMEEKER DRCOMMANCHE DRSTONEHENGE DRBRUMAL CTE LAKE STPrinted: 04/07/2015.All floodplain boundaries are approximate.This information is based on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) and the City of Fort Collins Master Drainageway Plans. This letter does not imply that the referenced property will or will not be free from flooding or damage. A property not in the Special Flood Hazard Area or in a City Designated Floodplain may be damaged by a flood greater than that predicted on the map or from a local drainage problem not shown on the map. This map does not create liability on the part of the City, or any officer or employee thereof, for any damage that results from reliance on this information.FEMA Flood Risk MapModerate RiskMay include:- Areas of FEMA 500-year floodplain (FEMA Zone X-shaded).- Areas of FEMA or City 100-year floodplain (sheet flow) with average depths of less than 1 foot.- Areas protected by levees from the 100-year flood.Low RiskAreas outside of FEMA and City mapped 100-year and 500-year floodplains. Local drainage problems may still exist.FEMA Flood Fringe - May Include:- Areas of FEMA 100-year floodplain (FEMA Zones A, AE, AO, and AH)- Areas of City 100-year floodplain including ponding areas and sheet flow areas with average depths of 1-3 feet.There is a 1% annual chance that these areas will be flooded.High RiskFEMA Floodway - Area of 100-year floodplain with greatest depths and fastest velocities.0 190 380 570 76095FeetITEM 5, ATTACHMENT 3 Packet Pg. 76 City of Fort Collins Floodplain Regulations for the POUDRE RIVER Note: This guide was prepared as an educational tool to help explain portions of the floodplain regulations, and is not intended as a complete or detailed explanation of the legal requirements that may apply to a particular property. Article II of Chapter 10 of the City Code specifies the requirements and prohibitions that are outlined generally in this guide and is the controlling legal document in the event of any conflict or inconsistency between this guide and the City Code. The Code provisions can be found at http://www.colocode.com/ftcollins/municipal/chapter10.htm. Prepared by Fort Collins Utilities, PO Box 580, 700 Wood St., Fort Collins, CO 80522-0580 970-416-2632 • fcgov.com/stormwater/fldplain.php 3/18 Quick GuideQuick Guide ITEM 5, ATTACHMENT 4 Packet Pg. 77 2 Table of Odds for Different Events Floodplain Facts • Property in the 100-year floodplain has a 1 percent chance in any given year of being flooded. • Over a 30-year period, there is a 26 percent chance that a property in the 100-year floodplain will be flooded. For comparison, there is only a 5 percent chance that the building will catch fire during that same 30-year period. • Some properties have an even higher risk of flooding because they are in areas where smaller, more frequent floods cause damage. Purpose of Floodplain Regulations Event Odds Structure in the 100-year floodplain being flooded in any given year Matching one number plus Powerball in the Powerball Lottery Structure in the 500-year floodplain being flooded in any given year Annual chance of being killed in a car accident if you drive 10,000 miles/year Being struck by lightning Winning the Powerball Lottery jackpot (matching five numbers and the Powerball) 1 in 100 1 in 124 1 in 500 1 in 4,000 1 in 600,000 1 in 120,526,770 ITEM 5, ATTACHMENT 4 Packet Pg. 78 3 Types of Floodplains Floodplain Name Poudre River Spring Creek Dry Creek Cooper Slough Boxelder Creek Fossil Creek Old Town Canal Importation McClellands Creek Mail Creek Foothills Channel West Vine FEMA-Basin X X X X City-BasinPoudre River X X X X X X X X Floodplain Designations • In Fort Collins, floodplains are designated by the City as well as by the Federal Emergency Management Agency (FEMA). • The FEMA-basin floodplains cover only the major drainages. Changes in these floodplains must be approved by FEMA (p. 5). • The City-basin floodplains further identify the flood hazard. Some of the flooding in City-basin floodplains is from irrigation ditch spills or undersized storm sewers that result in overland flooding. Changes in these floodplains can be approved by the City (p. 5). • For floodplain regulation purposes, a floodplain property is either in a FEMA-basin floodplain, a City-basin floodplain or the Poudre River floodplain. ITEM 5, ATTACHMENT 4 Packet Pg. 79 4 • The floodway is the portion of the floodplain with the greatest depths and velocities. • The floodway is the area of highest risk. • The floodway must be preserved to allow the floodwater to pass through without being obstructed. • Areas along the flood fringe are allowed to be filled and developed, but this raises the 100-year flood level. The City has set an allowable rise of 0.5 feet. Floodway ITEM 5, ATTACHMENT 4 Packet Pg. 80 5 Floodway Modifications • Floodways can be modified, but the applicant must be able to show that the project casues no-rise in the 100-year flood level. • In FEMA-basin floodplains, the applicant must submit information to FEMA for approval before construction and after construction if certain changes are being made. If the applicant’s project causes a rise, there are two options: 1. In FEMA-basin floodplains, the applicant must show the entire rise is on their property or obtain easements from other property owners. No structures can be impacted by a rise in the flood level. 2. In City-basin floodplains, the applicant must show that the entire rise is on their property or obtain easements from other property owners. Example of a Floodway Modification ITEM 5, ATTACHMENT 4 Packet Pg. 81 6 Summary of Floodway Development Regulations Residential Development • New residential development is not allowed. • Fill is not allowed unless the applicant can show no-rise (Floodway Modifications, p. 5). • Residential additions are not allowed. • Remodels are allowed subject to the substantial improvement requirements (p. 14-15). • Manufactured homes are allowed only in existing manufactured home parks. • Redevelopment (rebuild) of an existing structure is not allowed. • Reconstruction of a substantially damaged structure is prohibited • Detached garages and sheds are not allowed. Non-Residential Development • New non-residential development is not allowed. • Fill is not allowed unless the applicant can show no-rise (Floodway Modifications, p. 5). • Non-residential additions are not allowed. • Remodels are allowed subject to the substantial improvement requirements (p. 14-16). • Mobile buildings (modular offices) are allowed only in existing mobile building developments. • Redevelopment (rebuild) of an existing structure is not allowed. • Reconstruction of a substantially damaged structure is prohibited • Detached garages and sheds are not allowed. Mixed-Use Development (Residential and Non-Residential in the same building) • New mixed-use development is not allowed. • Fill is not allowed unless the applicant can show no-rise (Floodway Modifications, p. 5). • Additions are not allowed to a mixed-use structure. • Remodels are allowed subject to the substantial improvement requirements (p. 14-16). • Redevelopment (rebuild) of an existing structure is not allowed. • Reconstruction of a substantially damaged structure is prohibited • Detached garages and sheds are not allowed. ITEM 5, ATTACHMENT 4 Packet Pg. 82 7 • Critical facilities are not allowed (See proposed alternatives on p. 18). • New basements are not allowed below the freeboard level (p. 10). An existing basement in a substantially improved structure is not allowed to remain (p. 10 and 14-15). • Critical facilities are not allowed (See proposed alternatives on p. 18). • An emergency response and preparedness plan is required (p. 19). • New basements are not allowed below the freeboard level (p. 10-11). An existing basement in a substantially improved structure can remain if floodproofed (p. 10-11 and 14-16). • New outside storage of material or equipment, including flotable materials, is not allowed (p. 21). • Critical facilities are not allowed (See proposed alternatives on p. 18). • An emergency response and preparedness plan is required (p. 19). • New basements are not allowed below the freeboard level (p. 10-11). An existing basement in a substantially improved structure is not allowed to remain if it is in residential use (p. 10 and 14-15). An existing basement in a substantially improved structure is allowed to remain if it is in non- residential use and floodproofed (p. 10-11 and 14-16). • New outside storage of material or equipment, including flotable materials, is not allowed (p. 21). Summary of Floodway Development Regulations (continued) Residential Development Non-Residential Development Mixed-Use Development (Residential and Non-Residential in the same building) ITEM 5, ATTACHMENT 4 Packet Pg. 83 8 Summary of Floodplain Fringe Development Regulations Residential Development • New residential development is not allowed. • Fill is allowed. • Residential additions are not allowed. • Remodels are allowed subject to the substantial improvement requirements (p. 14-15). • Manufactured homes are allowed only to replace an existing manufactured home or fill a vacant lot in an existing manufactured home park. • Redevelopment (rebuild) of an existing structure is allowed (p. 14-15). Must meet the freeboard requirements (p. 10). • Attached garages are not allowed. Detached garages and sheds are allowed (p. 17). • Critical facilities are not allowed (See proposed alternatives on p. 18). Non-Residential Development • New non-residential development is allowed. Must meet the freeboard requirements (p. 10-11). • Fill is allowed. • Non-residential additions are allowed. Must meet the freeboard requirements (p. 10-11). • Remodels are allowed subject to the substantial improvement requirements (p. 14-16). • Mobile buildings (modular offices) are allowed only to replace an existing mobile building or fill a vacant lot in an existing mobile building development. • Redevelopment (rebuild) of an existing structure is allowed (p. 14-16). Must meet the freeboard requirements. (p. 10-11). • Attached garages, detached garages and sheds are allowed (p. 17). • Critical facilities are not allowed (See proposed alternatives on p. 18). Mixed-Use Development (Residential and Non-Residential in the same building) • New mixed-use development is not allowed. • Fill is allowed. • Residential additions are not allowed to a mixed-use structure. Non-residential additions are allowed to a mixed-use structure. Must meet the freeboard requirements (p. 10-11). • Remodels are allowed subject to the substantial improvement requirements (p. 14-16). • Redevelopment (rebuild) of an existing structure is allowed (p. 14-16). Must meet the freeboard requirements (p. 10-11). • Attached garages, detached garages and sheds are allowed (p. 17). • Critical facilities are not allowed (See proposed alternatives on p. 18). ITEM 5, ATTACHMENT 4 Packet Pg. 84 9 Non-Residential Development • New outside storage of equipment or materials that are considered “floatable” is not allowed (p. 21). • New basements are allowed. Must meet freeboard requirements and be floodproofed (p. 10-11). An existing basement below the freeboard level in a redeveloped or substantially improved structure can remain if floodproofed (p. 10-11 and 14-16). • An emergency response and preparedness plan is required (p. 19). Residential Development • New basements are not allowed below the freeboard level (p. 10). An existing basement in a redeveloped or substantially improved structure is not allowed to remain (p. 10 and 14-15). Summary of Floodplain Fringe Development Regulations (continued) Summary of 500-Year Floodplain Development Regulations Residential Development • At-risk populations and essential services critical facilities are not allowed (p. 18). Non-Residential Development • At-risk populations and essential services critical facilities are not allowed (p. 18). Mixed-Use Development Residential and Non-Residential in the same building) • At-risk populations and essential services critical facilities are not allowed (p. 18). Mixed-Use Development (Residential and Non-Residential in the same building) • New outside storage of equipment or materials that are considered “floatable” is not allowed (p. 21). • New basements are not allowed below the freeboard level for residential portions of mixed-use structures (p. 10). An existing basement in a redeveloped or substantially improved structure is not allowed to remain if it is in residential use (p. 10 and 14-15). New basements are allowed for non-residential portions of mixed- use structures. Must meet freeboard requirements and be floodproofed (p. 10-11). An existing basement in a redeveloped or substantially improved structure is allowed to remain if it is in non-residential use and floodproofed (p. 10-11 and 14-16). • An emergency response and preparedness plan is required (p. 19). ITEM 5, ATTACHMENT 4 Packet Pg. 85 10 Freeboard • Freeboard is a factor of safety that accounts for the allowed rise in flood level due to development in the flood fringe and for larger floods and debris that may cause the flood elevation to be higher. • Freeboard is a measure of how high above the flood level the structure must be built or floodproofed. Residential Structures and Residential Portions of Mixed-Use Structures • Freeboard is 24 inches; • Must elevate the structure; not allowed to floodproof; and • The lowest floor of the structure (p. 12-13), including the basement, all HVAC and electrical, must be elevated above the freeboard height. Example of redevelopment residential elevation (See p. 12-13 for detailed foundation designs) Slab on grade foundation Crawl space foundation ITEM 5, ATTACHMENT 4 Packet Pg. 86 11 Freeboard continued Floodproofing uses various techniques to make a building water tight: •Sealants and waterproof membranes; •Closure shields in front of doorways; and •Mini-walls to protect window or stair wells. Floodproofing generally works only when flood depths are less than 3 feet. Example of new development non-residential floodproofing Non-Residential Structures and Non-Residential Portions of Mixed-Use Structures • Freeboard is 24 inches; • Allowed to either elevate or floodproof the structure; • In the floodway, new basements are not allowed; • If elevating, the lowest floor of the structure (p. 12-13), including the basement, all HVAC and electrical, must be elevated above the freeboard height; and • If floodproofing, the structure as well as all HVAC and electrical, must be floodproofed to the freeboard height. ITEM 5, ATTACHMENT 4 Packet Pg. 87 12 Determination of Lowest Floor Based on Type of Foundation Slab on Grade The lowest floor elevation of a slab on grade structure is measured at the top of the slab. Basement The lowest floor elevation of a structure with a basement is measured at the top of the basement slab. Enclosure (above grade crawl space) 2. The lowest floor elevation of a structure with an enclosure that is not built in accordance with the venting criteria (p. 17) is measured at the lowest interior grade of the enclosure. Lowest floor elevation Freeboard Floor slab on grade Freeboard Vents Enclosure Lowest floor elevation Unfinished area no HVAC Vents Lowest floor elevation Freeboard Basement Basement slab Freeboard Can have HVAC in enclosed area Lowest floor elevation Enclosure 1. The lowest floor elevation of a structure with an enclosure that is built in accordance with the venting criteria (p. 17) is measured at the floor of the first finished floor. ITEM 5, ATTACHMENT 4 Packet Pg. 88 13 Determination of Lowest Floor Based on Type of Foundation continued Crawl Space (below grade) The lowest floor of a structure with a crawl space is measured at the lowest finished floor if the following conditions are met: a. The velocity of the flood flows hitting the structure is less that 5 feet per second; b. The interior grade elevation that is below the flood elevation is no lower than 2 feet below the lowest adjacent grade; c. The height of the crawl space, as measured from the lowest interior grade of the crawl space to the top of the foundation wall, does not exceed 4 feet at any point; d. An adequate drainage system is in place, including a totally immersible pump; e. All ductwork, HVAC, hot water heater and electrical is elevated to the regulatory flood protection elevation; and f. Venting requirements (p. 17) are met. If the above conditions are not met, the lowest floor is determined based on the criteria for a basement (p. 12). Pump f Vent b Maximum 2 feet Freeboard a Velocity < 5 ft. per sec. c No more than 4 feet to top of foundation wall Crawl space e Duct Work d ITEM 5, ATTACHMENT 4 Packet Pg. 89 14 Ve rtical (Pop-top) addition All remodel work, including vertical addition, counts toward substantial improvement Remodels or Repair of Damaged Buildings • Remodels and repairs are allowed subject to the substantial improvement requirements (p. 15-16). • Vertical additions (pop-tops) are considered a remodel and are subject to the substantial improvement requirements (p. 15-16). ITEM 5, ATTACHMENT 4 Packet Pg. 90 15 Substantial Improvement and Redevelopment Residential Structures and Residential Portions of Mixed-Use Structures If a substantial improvement occurs, the lowest floor (p. 12-13) of a non-conforming structure, including the basement, and all HVAC, electrical and utilities, must be elevated 24 inches above the flood elevation. After improvements, the structure will be protected from flood damage. If a redevelopment occurs, the lowest floor (p. 12-13) of a non-conforming structure, including the basement, all HVAC, electrical and utilities, must be elevated 24 inches above the flood elevation. After improvements, the structure will be protected from flood damage. Substantial improvement occurs when all of the following conditions are met: 1. A building permit is requested for any repair, reconstruction or improvement to a non-conforming structure, involving alteration of any wall, ceiling, floor or other structural part of the building; 2. The cost of the improvement, or the amount of damage, equals or exceeds 50 percent of the market value of the structure either before the improvement or repair is started or before the building was damaged; and 3. The cost is calculated cumulatively over the life of the structure during the time the structure has been located in a designated floodplain. A substantial improvement policy ensures that non-conforming structures are brought into conformance over time and are therefore protected from flood damage and the risk to occupants is reduced. Redevelopment occurs when there is a substantial improvement and more than 50 percent of the wall perimeter of any floor of a structure that is partially or completely below the flood elevation is removed or replaced and the building footprint is not increased. Example of residential substantial improvement or redevelopment ITEM 5, ATTACHMENT 4 Packet Pg. 91 16 Non-Residential Structures and Non-Residential Portion of Mixed-Use Structures If a substantial improvement occurs, the lowest floor (p. 12-13) of a non-conforming structure, including the basement and all HVAC and electrical, must be elevated or floodproofed 24 inches above the flood elevation. After improvements, the structure will be protected from flood damage. Substantial Improvement and Redevelopment continued Example of non-residential and mixed-use substantial improvements or redevelopments If a redevelopment occurs, the lowest floor (p. 12-13) of a non-conforming structure, including the basement and all HVAC and electrical, must be elevated or floodproofed 24 inches above the flood elevation. After improvements, the structure will be protected from flood damage. Store StoreStore Store Basement Store Store Basement artments artments ITEM 5, ATTACHMENT 4 Packet Pg. 92 17 Example of attached structure Example of detached structure • Used only for parking or storage; • Is an accessory to a main structure; • Must be anchored to resist flotation; • All HVAC and electrical must be elevated to the freeboard level (p. 10-11); • Can either elevate to freeboard level (p. 10-11) or be built at grade; and • If not elevated to freeboard level, the garage or shed must meet the following requirements: • Must have 1 square inch of venting for every square foot of enclosed area; • Must have at least two vents located on different sides of the structure; • Have at least one vent on the upstream side of the structure; • Bottom of vents cannot be higher than 1 foot above grade; and • Flood resistant materials must be used below the freeboard level (p. 10-11). Garages, Sheds and Accessory Structures ITEM 5, ATTACHMENT 4 Packet Pg. 93 18 Critical Facilities COMMUNICATIONS HUB POLICE or FIRE STATION HOSPITAL, URGENT CARE, SURGICAL CENTER JAIL LIBRARY At-Risk Populations Critical Facilities Government Services Critical Facilities Essential Services Critical Facilities Hazardous Materials Critical Facilities 100-year floodplain: • All Critical Facilities not allowed in the 100-year floodplain. 500-year floodplain: • At-risk Populations and Essential Services Critical Facilities are not allowed in the 500-year floodplain. ITEM 5, ATTACHMENT 4 Packet Pg. 94 19 • Required for new non-residential or mixed-use structure, addition, cumulative substantial improvement, redevelopment or change of occupancy • The following must be included in the plan: – Flood Risk Assessment – Method of receiving a flood warning – Identification and assignment of personnel to implement the plan – Procedures for notifying employees, customers and other building occupants – Description of procedures for evacuation and shelter-in-place – Procedures for protecting the building from damage or hazardous conditions – Process for distribution of the plan, evacuation routes and shelter-in-place instructions – Description of mandatory training and practice drills – Description of post-recovery measures – Designation of responsible party • Plan and documentation of training and drills to remain on file • The plan must be reviewed in the first quarter of every year and documentation submitted to the City Emergency Response and Preparedness Plan Emergency Response and Preparedness Plan (ERPP) In order to mitigate life-safety hazards to occupants of private property within the Poudre River floodplain, Chapter 10 of City Code requires for non-residential and mixed-use additions, substantial improvements, change of use, redevelopment and/or new development that private property owners demonstrate flood- preparedness through the development and implementation of a site-specific Emergency Response and Preparedness Plan (ERPP). The plan includes, at a minimum, conditions and methods for emergency preparedness and evacuation from the property. If desired by the property owner, additional measures for flood protection may be included. Applicant Information Name of Business:Type of Business: Address: Street Address Unit # City State ZIP Code County Parcel ID #:Business Phone Number:( ) Reason for Review:Redevelopment Annual Update New Structure Addition Change of Occupancy Other: Substantial Improvement Authorized Persons (Staff Contacts) These persons will be the responsible parties in the event of an emergency. They will redirect resources and, ultimately, shut down operations, if necessary. These persons will also initiate evacuation in the event of an emergency. Primary Person:E-Mail Address: (Name) Title:Work Phone:() Cell Phone:( ) Other Contact:( ) The back-up person should be trained to fulfill all the duties of the primary person (monitor weather radio, have necessary apps/programs installed on personal devices). Back-Up Person:E-Mail Address: (Name) Title:Work Phone:( ) Cell Phone:( ) Other Contact:( ) 1 Sample: page 1 of Emergency Response and Preparedness Plan ITEM 5, ATTACHMENT 4 Packet Pg. 95 20 Letter of Map Revision Based on Fill • A Letter of Map Revision Based on Fill (LOMR-Fill) is a FEMA process whereby a property in the flood fringe can be filled and is no longer considered in the floodplain for insurance requirements. • A community must sign-off on the application to FEMA and certify that all existing and future structures will be “reasonably safe from flooding.” • To meet this “reasonably safe from flooding” standard, all floodplain requirements (p. 8-9) must be met even if fill is placed and the property is “removed” from the floodplain by FEMA. Example of fill placed in the flood fringe ITEM 5, ATTACHMENT 4 Packet Pg. 96 21 Outside Storage of Materials or Equipment and Floatable Materials • “Floatable material” is defined as material that is not secured in place or completely enclosed in a structure so that it could float off-site during a flood and potentially cause harm to downstream property owners or that could cause blockage of a culvert, bridge or other drainage facility. •In the floodway, all outside storage of material or equipment, including floatable materials, associated with any non-residential use is not allowed. •In the flood fringe, floatable materials associated with any non-residential use is not allowed. •In the flood fringe, outside storage of material or equipment that is not considered “floatable material” is allowed. Stacks of Lumber Containers and Drums Fleet Vehicles Equipment Material Stockpile All of these examples are floatable materials if not adequately secured. ITEM 5, ATTACHMENT 4 Packet Pg. 97 22 Required Documentation and Submittals (Note: Some items may require a registered professional engineer.) Building Permit and Development Review Approval Requirements • Floodplain Use Permit for any work being done on a structure or property in the floodplain. The permit fees are shown in the table on page 23. • Building plans showing foundation design, flood elevation, floor elevations, HVAC elevations, size and locations of vents, floodproofing design and other relevant information. •Emergency Response and Preparedness Plan (p. 19). • No-Rise certification if working in the floodway. • Floodplain Modeling Report if doing a floodway modification (p. 5). (See separate modeling guidelines handout.) • Other plans or reports to document information such as grading, fill, channel stability and floodplain boundaries. Certificate of Occupancy Approval Requirements • FEMA Elevation Certificate or FEMA Floodproofing Certificate for any new structure, addition, substantial improvement or redevelopment built in any floodplain. Allow two weeks for review and approval. Requires licensed surveyor for elevation certificate; requires licensed engineer or architect for floodproofing certificate. • No-rise certification if working in the floodway. • As-built modeling report, if applicable. Variances The Fort Collins Water Board has the authority to issue variances to the floodplain regulations if certain requirements are met. The Board meets the third Thursday of the month. An application packet must be submitted three weeks prior to the board meeting, with a $1,000 application fee. (See separate variance submittal handout for documentation and justification requirements.) Floodplain Information and Assistance Call Fort Collins Utilities at (970) 416-2632 or e-mail utilities@fcgov.com to determine if a property is in the floodplain or to discuss floodplain regulations. More information about floodplain managment in Fort Collins is available at fcgov.com/stormwater/flooding. ITEM 5, ATTACHMENT 4 Packet Pg. 98 23 Floodplain Permit Fees ITEM 5, ATTACHMENT 4 Packet Pg. 99 24 Flood Insurance Information Who needs flood insurance? EVERYONE. Flood Insurance is available for ALL properties in the City of Fort Collins, regardless of location. Approximately 25% of damages occur in low risk areas. Flood Insurance is required by lenders for any structure in a FEMA 100-year floodplain.Lenders have the option of requiring it in any other area. • New flood insurance policies will require a FEMA Elevation Certificate documenting the elevation of the structure. • Fort Collins Utilities has elevation certificates on file for many structures in the City of Fort Collins, free of charge, by calling 970-416-2632 or visiting www.fcgov.com/elevation-certificate. • Documenting the elevation of the structure allows the flood insurance premium to be calculated based on the risk. • The higher the structure is elevated above the 100-year flood level, the lower the insurance premium. Flood Insurance is not mandatory in City-designated floodplains. However, it is strongly recommended. • Look into a “Preferred Risk” Flood Insurance Policy. It combines structural coverage and contents coverage at a more affordable price. Important Considerations • There is a 30-day waiting period before flood insurance becomes effective. • Disaster assistance is only available for major flood events and does not cover the entire cost to rebuild your home or business. • Fort Collins is subject to flash flooding—there is little warning time to move your contents to safer locations. You can receive up to a 40% discount on your flood insurance premiums. • Fort Collins has some of the lowest flood insurance premiums in the United States due to its proactive floodplain management program. • Check with your insurance agent to make sure you are receiving the FEMA Community Rating System (CRS) Discount for Fort Collins being a Class 4 Community. To learn more, visit http://www.floodsmart.gov/, contact your insurance agent, or call FEMA at 1-888-379-9531. ITEM 5, ATTACHMENT 4 Packet Pg. 100 25 Example of Flood Risk Map E VINE DRN COLLEGE AVE LI N D E N S TWILLOW STPI N E S TMAPLE STCHERRY STPOUDRE STJEROME ST Printed: 04/07/2015.All floodplain boundaries are approximate.This information is based on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) and the City of Fort Collins Master Drainageway Plans. This letter does not imply that the referenced property will or will not be free from flooding or damage. A property not in the Special Flood Hazard Area or in a City Designated Floodplain may be damaged by a flood greater than that predicted on the map or from a local drainage problem not shown on the map. This map does not create liability on the part of the City, or any officer or employee thereof, for any damage that results from reliance on this information.FEMA Flood Risk MapModerate RiskMay include:- Areas of FEMA 500-year floodplain (FEMA Zone X-shaded).- Areas of FEMA or City 100-year floodplain (sheet flow) with average depths of less than 1 foot.- Areas protected by levees from the 100-year flood.Low RiskAreas outside of FEMA and City mapped 100-year and 500-year floodplains. Local drainage problems may still exist.FEMA Flood Fringe - May Include:- Areas of FEMA 100-year floodplain (FEMA Zones A, AE, AO, and AH)- Areas of City 100-year floodplain including ponding areas and sheet flow areas with average depths of 1-3 feet.There is a 1% annual chance that these areas will be flooded.High RiskFEMA Floodway - Area of 100-year floodplain with greatest depths and fastest velocities.0 160 320 480 64080FeetITEM 5, ATTACHMENT 4 Packet Pg. 101 ITEM 5, ATTACHMENT 5 Packet Pg. 102 ITEM 5, ATTACHMENT 5 Packet Pg. 103 ITEM 5, ATTACHMENT 5 Packet Pg. 104 ITEM 5, ATTACHMENT 5 Packet Pg. 105 ITEM 5, ATTACHMENT 5 Packet Pg. 106 ITEM 5, ATTACHMENT 5 Packet Pg. 107 ITEM 5, ATTACHMENT 5 Packet Pg. 108 ITEM 5, ATTACHMENT 5 Packet Pg. 109 ITEM 5, ATTACHMENT 5 Packet Pg. 110 ITEM 5, ATTACHMENT 5 Packet Pg. 111 Laurel St Country Club Rd Drake Rd Willox Ln Mountain Ave Trilby Rd Mu r y St Laporte Ave Kechter Rd 54G State Highway 392 Vine Dr Prospect Rd Harmony Rd Horsetooth Rd Carpenter Rd Horsetooth Rd Harmony Rd u lberry St Mountain Vista Dr Richards Lake Rd Douglas Rd E e Dr Cac v L a ng r s hannel Mc la ds Clearview Channel Plum Channel Boxelder/Cooper Slough BasinDry Creek Basin Canal Importation Basin Spring Creek Basin Fox Meadows BasinMail Creek Basin McClellands Basin West Vine Basin Old Town Basin Foothills Basin Fossil Creek Basin Legend High Risk Floodway High Risk 100-year floodplain Moderate Risk 100-year sheet flow and 500-year floodplain Water Features - ITEM 5, ATTACHMENT 5 Packet Pg. 112