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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/06/2000 - ITEMS RELATING TO STANDARDS FOR DEVELOPMENT IN THE AGENDA ITEM SUMMARY ITEM NUMBER: 27 DATE: June 6, 2000 FORT COLLINS CITY COUNCIL Mike Smith/Bob Smith STA%� r1haHilmes-Robinson SUBJECT: Items Relating to Standards for Development in the Poudre River Floodplain. RECOMMENDATION: Staff recommends adoption of the Resolutions and of the Ordinance on First Reading. FINANCIAL IMPACT: The financial impact of the floodplain regulations to the City will be the amount needed to acquire properties in the floodplain. The program to acquire floodplain properties with structures will be considered on an as needed basis and City Council will consider each acquisition individually and appropriate funds from the Storm Drainage Fund, as they are needed. 11) EXECUTIVE SUMMARY: A. First Reading of Ordinance No. 71, 2000, Amending Chapter 10 of the City Code Concerning Standards for Development in the Poudre River Floodplain. B. Resolution 2000-81 Directing the City Manager to Pursue the Acquisition of Certain Properties within the Poudre River Floodway, Product Corridor and Floodplain. C. Resolution 2000-82 Directing the City Manager to Develop Additional Floodplain Regulations for All Storm Drainage Basins of the City and to Tailor Such Regulations to the Unique Characteristics of Each Such Basin. There are three actions being considered under this item. One action is an ordinance that will make certain changes to the City Code in regard to floodplain regulations. The second action is a resolution clarifying the City's acquisition program for properties along the Poudre River Floodplain. The third item considered in this agenda item is a resolution directing the City Manager to develop additional floodplain regulations for other storm drainage basins in the City based upon the unique characteristics of each basin. DATE: June 6, ITEM NUMBER: 27 Proposed Poudre River Floodplain Regulation Changes These revisions relate to the new proposed regulations that are being considered for the Poudre River. After the flood of 1997 numerous questions were raised concerning the adequacy of the floodplain regulations in Fort Collins. A study was initiated to review the floodplain regulations for the Poudre River and to make recommendations as to whether those regulations should be revised. The recommended option is a modified Option B-1 and includes the following regulations: Floodway or Product Corridor Regulations (0.1-foot rise floodway and Product Corridor of 6 or larger) - Floodway and Product Corridor cannot be modified to allow development. - Public capital projects are allowed to protect existing properties. - Mobile home parks are not allowed. - Residential development is not allowed. - Commercial (retail and industrial) development is not allowed. - Public infrastructure, recreation, and natural resource facilities are allowed. - Remodel of existing residential and commercial structures is allowed. - Additions to existing residential and commercial structures are not allowed. - Redevelopment of existing residential and commercial structures is not allowed. - Fill is not allowed. - The purchase of existing residential and commercial structures is encouraged. - Floatable materials on commercial property are not allowed. Floodplain (outside the floodway and product corridor) Regulations - Capital projects are allowed to protect existing properties. - Lowest floor elevation must be 24 inches above 100-year water surface elevation. - Dry access to structure during flooding. - Mobile home parks are not allowed. - Residential development or mixed use with residential is not allowed. - Commercial (retail and industrial) development is allowed. - Remodel of existing residential and commercial structures are allowed. - Additions to commercial structures are allowed. - Additions to residential structures are not allowed. - Redevelopment of existing structures for residential uses is allowed. - Redevelopment of existing structures for commercial uses is allowed. - Public infrastructure, recreation, and natural resource facilities are allowed. - Properties can be removed from the floodplain in certain circumstances and no longer have to meet floodplain regulations. - The purchase of existing residential structures is encouraged. - Floatable materials on commercial property are not allowed. 500-Year Floodplain I - The critical facilities definition is expanded to include day care, school, and cemetery facilities. DATE: June 6, 2000 3 ITEM NUMBER: 27 Resolution 2000-81 Poudre River Floodplain Acquisition Program I, The second item considered in this agenda item is a resolution for the acquisition of properties along the Poudre River Floodplain. The recommended"Modified Option B-1"includes the purchase from willing sellers of property with structures in the floodway or product corridor or residential properties with structures in the floodplain. This resolution would clarify the City's position the acquisition of properties would be a willing seller/willing buyer program and properties with the highest risk would receive the highest priority for acquisition.There are about 14 structures located in the vicinity of the College Avenue and Vine Drive intersection that would be eligible for acquisition under this program. There is one additional structure west of this area at the end of Hemlock Street. Resolution 2000-82 Development of Other Floodplain Regulations The third item considered in this agenda item is a resolution directing the City Manager to develop additional floodplain regulations for other storm drainage basins in the City based upon the unique characteristics of each basin. Concern has been expressed that the floodplain regulations for the Poudre River may be more restrictive than would be necessary in other storm drainage basins. Staff agrees with this assessment, because the Poudre River Basin is unique in several respects. Therefore, this resolution clarifies that the regulations that will be imposed in other basins in the City will likely be different from the regulations proposed for the Poudre River Basin. Each basin will need to be reviewed with an eye toward its own unique characteristics. Floodplain Regulation Changes - Cleanup and Clarification These floodplain code changes involve "clean-up" and clarifications that are needed to the existing regulations. There are sections of the code where the language was either contradictory or confusing and therefore needed clarification.There are also sections of the code that are in need of "clean-up" to bring the code into compliance with Federal Emergency Management Agency minimum standards. The City of Fort Collins must adhere,at a minimum,to these regulations.These changes would apply to all floodplains in the City. BACKGROUND: Introduction After the flood of 1997 numerous questions were raised concerning the adequacy of the floodplain regulations in Fort Collins. A study was initiated to review the floodplain regulations for the Poudre River and to make recommendations as to whether those regulations should be revised. Purpose of Floodplain Regulations There are many purposes to floodplain regulations. The main purposes are: - Promote public health, safety and general welfare. - Reduce public and private losses. Reduce emergency response demands. Minimize pollution. - Preserve the natural and beneficial functions of the floodplain. Prevent erosion DATE: June 6, 2000 _ ITEM NUMBER: The goal of floodplain management is to look toward the future and to be proactive instead of reactive. This helps prevent future problems and reduces damages. By having a proactive floodplain management program you will have a more disaster resistant community. History of Floods on the Poudre River There have been three floods (1864, 1891, and 1904)that were greater than the 100-year discharge of 13,300 cfs. The flood of 1864 resulted in the relocation of Camp Collins from LaPorte, CO to present day Fort Collins. The flood of 1904 was greater than the 500-year discharge of 24,100 cfs. There has been one (1) death due to flooding on the river, Robert Strauss, during the 1904 flood. Proposed Poudre River Floodplain Code Changes 100-Year Floodplain and Floodway Options With the assistance of a citizen task force made up of various interests related to the Poudre River, several criteria in regard to the floodplain regulations were developed. These criteria are assembled into four different options for changing the floodplain regulations.These criteria are assembled into a matrix from the least restrictive to the most restrictive option. See attached matrix. The floodplain regulation options include various floodway widths and regulation criteria as defined in the matrix. The floodway options include the 0.5-foot rise floodway (existing regulations — Option A), the 0.1-foot rise floodway (Option B and B-1), and the option that the floodway equals the floodplain(Option Q.In some instances due to the topography,the floodway options coincide. The 500-year product corridor is combined with a 0.1-foot rise floodway to create regulation Option B-1. Each regulation option has criteria that deal with new development, fill, additions, remodels, critical facilities, elevation requirements, etc. Recommended Option-Modified Option B-1 Description The recommended option is a modified Option B-1 and includes the following regulations: Floodway or Product Corridor Regulations (0.1-foot rise floodway and Product Corridor of 6 or larger) - Floodway and Product Corridor cannot be modified to allow development. - Public capital projects are allowed to protect existing properties. - Mobile home parks are not allowed. - Residential development is not allowed. - Commercial (retail and industrial) development is not allowed. - Public infrastructure, recreation, and natural resource facilities are allowed. - Remodel of existing residential and commercial structures is allowed. - Additions to existing residential and commercial structures are not allowed. - Redevelopment of existing residential and commercial structures is not allowed. - Fill is not allowed. - The purchase of existing residential and commercial structures is encouraged. - Floatable materials on commercial property are not allowed. DATE: June 6, 2000 5 ITEM NUMBER: 21 Floodplain (outside the floodway and product corridor) Regulations - Capital projects are allowed to protect existing properties. - Lowest floor elevation must be 24 inches above 100-year water surface elevation. - Dry access to structure during flooding. - Mobile home parks are not allowed. - Residential development or mixed use with residential is not allowed. - Commercial (retail and industrial)development is allowed. - Remodel of existing residential and commercial structures are allowed. - Additions to commercial structures are allowed. - Additions to residential structures are not allowed. - Redevelopment of existing structures for residential uses is allowed. - Redevelopment of existing structures for commercial uses is allowed. - Public infrastructure, recreation, and natural resource facilities are allowed. - Properties can be removed from the floodplain in certain circumstances and no longer have to meet floodplain regulations. - The purchase of existing residential structures is encouraged. - Floatable materials on commercial property are not allowed. 500-Year Floodplain - The critical facilities definition is expanded to include day care, school, and cemetery facilities. Mans Included is a map showing public and private properties in the product corridor and floodway separated by City and County jurisdictions. A second map shows the same information for the area in the floodplain outside of the product corridor and the floodway. 500-Year Product Number Corridor A rule of thumb is that the when the product of the depth of flow times the velocity is greater than or equal to 6 (depth x velocity> 6) it will equal unsafe flow characteristics. The 500-year product corridor is based on a discharge of 24,100 cfs. Poudre River Floodplain Code Changes Several new definitions have been added to section 10-16 that only pertain to regulations for the Poudre River Floodplain: • Dryland access • Floatable materials • Floodway modification • Letter of Map Revision(LOMR) • Letter of Map Revision Based on Fill (LOMR-Fill) • Permitted Use • Product Corridor • Public Infrastructure • Recreational Facilities DATE: June 6, 2000 6 ITEM NUMBER: 27 Two definitions have been modified in Section 10-16 for requirements that are different for the Poudre River Floodplain: • Floodway-this changes the regulations such that the floodway is based on a 0.1-foot rise for the Poudre River Floodplain. • Regulatory flood protection elevation - This changes the elevation or floodproofing elevation to be 24 inches above the 100-year water surface elevation for structures in the Poudre River Floodplain. Code Changes: • Section 10-60 adopts the Poudre River Floodplain Study, designates the boundaries of the Poudre River Floodplain, and gives the Director the ability to modify such boundaries in certain circumstances. • Section 10-61 sets forth most of the regulations that are specific to the Poudre River Floodplain. Other regulations that apply to the Poudre River Floodplain,as well as other basins,are found in other sections of the Code. Table 1 relates the criteria of Option 13-1 as shown in the Matrix to the section of the Ordinance where these criteria are added to the Code. • Section 10-62 describes the circumstances when a property can be removed from the floodplain and no longer have to comply with the floodplain regulations. • Section 10-63 describes allowed uses in the floodplain,floodway,and product corridor. • Section 10-64 sets out the takings determination process. Table 1 Proposed Poudre River Floodplain Regulations Criteria Original Wording Complies City Code Regulation of Option B-1 with B-1 FLOODWAY 0.1- foot rise. X See Section 10-16 definition for WIDTH "floodway". FLOODWAY Cannot alter to allow X See Section 10-16 definition for MODIFICATION development. "floodway modification" and Section 10-61 8 . FLOOD Allowed to protect X See Section 10-16 for definition PROTECTION existing structures of"public infrastructure". See PROJECTS when identified in Section 10-61(5) and 10-61(8), Master Drainage Plan. and 10-62. PROPERTY Purchase from willine X See Resolution PURCHASE sellers in the floodway and floodplain. NOTIFICATION Notify owners/renters X No code revision made that property is in a See Note 1 (however, see Section 10-53(3)d floodplain. and 10-61(3)e4 regarding floodproofing notices). FILL Not allowed in the X See Section 10-61(5). floodway or product corridor, allowed in the remainder of floodplain I U. . DATE: June 6, 2000 7 ITEM NUMBER: 27 Criteria Original Wording Complies City Code Regulation of Option B-1 with B-1 PROPERTY Can be removed with Does not See Section 10-62. REMOVAL FROM the placement of fill, comply with FLOODPLAIN except in the floodway Option B-1 or product corridor, but See Note 2 still has to meet floodplain regulations. NEW Not allowed in the X See Section 10-63 for allowed DEVELOPMENT floodway or product uses. See Section 10-61(2) for corridor, except public requirements for residential infrastructure, structures. See Section 10-61(3) recreation and natural for requirements for resources facilities, but nonresidential and mixed-use allowed in the structures. remainder of the flood lain MOBILE HOME Not allowed in X See Section 10-61(4). PARKS floodway, floodplain or roduct corridor RESIDENTIAL/ Residential not allowed X See Section 10-61(2) for COMMERCIAL in the floodway, residential development DEVELOPMENT floodplain or product requirements. See Section 10-61 corridor; commercial (3) for nonresidential and not allowed in the mixed-use development floodway or product requirements. corridor but in the remainder of the floodplain. REMODELS/ Allowed to existing Does not Section 10-63 says that remodels REHABILITATION structures in the comply with are allowed in the floodplain, floodway or floodplain. Option B-1. floodway, and product corridor, (50% cumulative See Note 3 subject to substantial substantial improvement requirements. improvement.)Not allowed in the product corridor. ADDITIONS Not allowed to existing X See Section 10-61(2)b for structures in the requirements for residential floodway or product structures. See Section 10- corridor, or residential 61(3)bl for requirements for structures in the nonresidential structures. See floodplain. Section 10-61(3)b2 for requirements for mixed-use structures. DATE: June 6, 2000 8 ITEM NUMBER: 27 Criteria Original Wording Complies City Code Regulation of Option B-1 with B-1 REDEVELOPMENT Not allowed in existing X See Section 10-61(2)c and 10- developed areas in the 61(2)d for residential floodway or product requirements. See Section 10- corridor, but allowed in 61(3)c and 10-61(3)d for the remainder of the nonresidential and mixed-use floodplain. requirements. CRITICAL Expand the definition Does not See Section 10-16 definition for FACILITIES to include day care, comply with "critical facilities" and Section schools, cemeteries, Option B-1. 10-53(4). and retail facilities that See Note 4 have hazardous materials on site. RIPARIAN AREAS Protect through City X NA and Army Corps of Engineers processes, i.e. buffer limits, Section 404. DRYLAND Required. X See Section 10-16 definition for ACCESSS "dryland access" and Section 10-61 7 . FLOATABLE Not allowed in the X See Section 10-16 definition for MATERIALS floodway or floodplain. "floatable materials" and Section 10-61 6 . VARIANCES Allowed for special X See Section 10-39(f). circumstances except in the 500-year Product Corridor. LOWEST FLOOR 24 inches above 100- X See Section 10-16 definition for OR year water surface "regulatory flood protection FLOODPROOFING elevation for properties elevation". See Section 10- in the 100-year 61(2)e for residential floodplain. Applicable requirements. See Section 10- to substantial 61(3)e for nonresidential and j improvement remodels, mixed-use requirements. new development, redevelopment, and additions. Note 1: City will continue to notify owners and renters through mailings as it has been doing in the past. Note 2: The proposed Code revisions do allow property to be removed from the floodplain in certain circumstances, and as a result would not have to comply with most floodplain regulations. This was changed to allow individual property owners to mitigate the flood hazard. Note 3:The proposed Code revisions do not restrict remodels in the product corridor because of the hardship that this would place on property owners who would not be allowed to do required maintenance on their structure. 27 DATE: June 6, 2000 9 ITEM NUMBER: Note 4: The proposed Code revision does not include retail facilities in the critical facilities definition because of the minimal hazard potential at these facilities. See Poudre Fire Authority memo that is attached. Outreach Activities During the course of the study since the summer of 1998 a number of different outreach activities were used. A task force was formed made up of sixteen (16) different interests along the Poudre River. Membership on the task force included representatives from the Water Board, Planning and i Zoning Board, Natural Resources Advisory Board, Chamber of Commerce, citizens, property owners, Poudre River Trust, Poudre Fire Authority, Sierra Club, consulting engineering firm, real estate, Poudre Paddlers, Friends of the Poudre, Citizen Planners, Downtown Development Authority,and Downtown Business Association.This task force met about once every month since December of 1998 to discuss the matter and provide comments and feedback to staff. Meetings were held with a number of City boards and commissions, including the Water Board, the Natural Resources Advisory Board, the Planning and Zoning Board, the Parks and Recreation Board, the Affordable Housing Board,and the Landmark Preservation Commission. Organizations outside of the city that were met with included the Downtown Development Authority, the Downtown Business Association, the Chamber of Commerce Board of Directors, the Chamber Local Legislative Affairs Committee,the Chamber River Corridor Committee,Friends of the Poudre,the River Corridor Property Owners Association, various property owners, the Sierra Club, the Buckingham neighborhood,Larimer County,the Home Builders Association ofNorthern Colorado, the Poudre River Trust,Northeast Business Association,and the Northern Colorado Environmental Alliances Group. News media included the Phil Walker Talk Show, the Northern Colorado 1 Business Report,the Fort Collins Coloradoan,the Fort Collins Coloradoan Editorial Board,and the Fort Collins Forum. The City Planning and Zoning Board held a pubic hearing on the item in April j of 2000. City Council has discussed this item at various committee meetings and at study sessions in December of 1999 and in February, March and April of 2000. Open houses were held in May and June of 1999 and in April of 2000. For the April 2000 open house approximately 1,400 notices were mailed to owners and renters of property in either the 100-year or 500-year Poudre river floodplain in the urban growth area. In total about 240 people attended these open houses. A few organizations felt it was not necessary to meet with staff since they received information they needed through other means. Attached is a summary of the verbal and written comments received. Buckingham and East of Lemay Avenue Floodplains A breakout of flows from the main stem of the Poudre River between Linden and Lincoln Streets over tops the east bank of the channel and flows easterly along the north side of Lincoln Avenue through the Buckingham development and commercial properties fronting onto Lincoln Avenue. This 100-year floodplain encompasses approximately 63 residential and 13 commercial structures. Also, flows leave the river corridor north of East Mulberry Street over topping Lemay Avenue and flowing easterly along the north side of East Mulberry Street through the residential and commercial properties in the Airpark area in Larimer County. This 100-year floodplain encompasses approximately 59 residential and 76 commercial structures. Both flow splits at Buckingham and Lemay Avenue are proposed to be addressed in the draft drainageway master plan for the Poudre River by building a levee at each site. This would eliminate the 100-year floodplain in these areas and thus the structures would no longer be in the 100-year DATE: June 6, 2000 1 to ITEM NUMBER: 27 floodplain. At the May 16,2000 City Council meeting,City Council authorized the initiation of the project for the improvements to address the Buckingham floodplain. It is anticipated the Poudre River Master Drainageway Plan will be presented to City Council for adoption late this fall. Poudre River Floodplain Property Acquisition Program This item is a resolution for the acquisition of properties along the Poudre River floodplain. The recommended "Modified Option B-1" includes the purchase from willing sellers of property with structures in the floodway or product corridor or residential properties with structures in the floodplain. This resolution would clarify the city's position that the acquisition of properties would be a willing seller/willing buyer program and properties with the highest risk would receive the highest priority for acquisition. There are about 14 structures located in the vicinity of the College Avenue and Vine Drive intersection that would be eligible for acquisition under this program. The acquisition of properties would be considered by City Council on an individual basis and the appropriation of funds would be from the Storm Drainage Fund, as they are needed. Development of Other Floodplain Regulations This itemis a resolution directing the City Manager to develop additional floodplain regulations for other storm drainage basins in the City based upon the unique characteristics of each basin. Concern has been expressed that the floodplain regulations for the Poudre River may be more restrictive than would be necessary in other storm drainage basins. Staff agrees with this assessment, because the Poudre River Basin is unique in several respects, including the following: • The Poudre River is the largest river in Fort Collins,and it has the highest flow rates, so the flooding in that basin could result in more catastrophic damages than would occur in other basins; • The depth of flow and velocities in the Poudre River Basin are much higher than in other basins; • The Poudre River Basin has unique reparian characteristics; • The Poudre River Basin has the potential for major sustained erosion of banks and streambed; • The Poudre River has great potential to migrate and impact private and public properties; • In a major event in the Poudre River Basin there will be an extreme demand on emergency response personnel because of the large flow rates. • Outreach for the master drainageway plan for the Poudre River clearly did not support the channelization of the river floodway, whereas such channelization may be appropriate in other basins. Therefore, the resolution clarifies that the regulations that will be imposed in other basins in the City will likely be different from the proposed regulations for the Poudre River Basin. Each basin will need to be reviewed with an eye toward its unique characteristics,and the regulations developed for those basins will not necessarily be patterned after the regulations for the Poudre River Basin. DATE: June 6, 2000 11 ITEM NUMBER: 27 Floodplain Code Revisions - Cleanup and Clarification These sections of the Code are being recommended for revision due to language being either contradictory or confusing and therefore needing clarification. There are also sections of the Code that are in need of "clean-up" to bring the Code into compliance with the Federal Emergency Management Agency (FEMA) minimum standards. The City of Fort Collins must comply with these criteria at a minimum. These Code changes would apply to all floodplains in the City. Several definitions have been modified in Section 10-16 to create consistency and clarify terminology: • Area of shallow flooding—clarifies that the definition includes areas that are mapped as shallow flooding in City designated floodplains.This is done to be consistent with FEMA's definitions and terminology. • Base flood or one-hundred year flood - the term "one-hundred-year flood" had not been specifically defined. • Basement or crawlspace - FEMA has made a recent interpretation which considers a basement and crawlspace to be the same for elevation requirements;therefore this change is needed to comply with the FEMA regulations. • Critical facilities—the existing definition has been clarified to specifically identify certain uses that are currently not allowed in the floodway under Section 10-55(4), such as group homes, residential care facilities, congregate care facilities, schools and daycare, these being facilities occupied by people at risk who may not be able to easily evacuate during a flood. The Code has also been changed to clarify that retail facilities are not included in the critical facilities definition because the risk of contamination is very small.(See Poudre Fire Authority's attached memo). Another new facility that is being added to the definition is cemeteries. Cemeteries are a concern and are included in the critical facilities definition because of the health hazard related to bodies being exhumed during a flood. • Floodproofing or floodproofed — clarifying that floodproofing is the same as floodproofed. • Lowest floor - see discussion of"basement" above; clarifying that the lowest floor shall mean either the basement or crawlspace. • Manufactured home or mobile home—clarifying that manufactured home shall also mean mobile home. • Nonresidential structure-clarifying that a nonresidential structure is a structure that has no use in part or whole related to residential uses. Several new definitions have been added to Section 10-16 for clarification purposes: • FEMA • Five-hundred year flood • Five-hundred year floodplain • Mixed-use structure—mixed-use structures(non-residential uses on the lower levels and residential uses on the upper levels)have not been specifically addressed in the past. The definition is needed to clarify that the floodplain regulations apply to mixed-use structures as well. 0 Recreational vehicle DATE: June 6, 2000 12 ITEM NUMBER: 27 Code Changes: • 10-19(b)-Clarifying that City Council has the ability to adopt additional floodplain studies. • 10-23 — Clarifying that use of a structure also qualifies as a trigger for compliance with the Code. 0 10-36(10) -Clarifying that even though a floodplain map has not been adopted for an area that is known to have flooded in the past or has the potential to flood that the floodplain regulations still apply to the property. • 10-37(c)(3)—Clarifying that floodplain information is required to be submitted with a floodplain use permit. • 10-39 (b) - This change allows locally designated historical structures as well as federal and state designated structures to be eligible for a variance. • 10-39 (c) and(d)-These new Code sections give the Water Board more flexibility in dealing with variances from criteria that are more restrictive than FEMA's criteria when the property is in a City-designated floodplain, such as Old Town. This is done by removing the "hardship"requirement, which is extremely difficult to meet. • 10-39 (h)(3) — Clarifying that the granting of a variance would not result in any negative impacts to adjacent public or private property or any threats to public safety. • 10-53 (2) a. - Clarifying that additions also have to meet elevation requirements. Clarifies that it is the "special flood hazard area" that this requirement pertains to. 0 10-53 (2) b. — Another clarification that additions also have to meet elevation requirements. Also, clarifies that this requirement applies to City designated "shallow flooding areas". • 10-53(2)c.—Clarifying that this requirement applies to all"shallow flooding areas". • 10-53 (3) - Clarifying that a mixed-use structure is treated the same as a non- residential structure. Mixed-use structures have not been specifically addressed in past regulations. 0 10-53 (3) a. - Clarifying that additions also have to meet elevation requirements. Again, clarifying that this regulation applies to mixed-use structures. • 10-53 (3)b.—Clarifying that additions have to meet elevation requirements,that this regulation applies to mixed-use structures as well,and that this regulation applies to City designated "shallow flooding areas". • 10-53 (3)c. —Clarifying that this requirement is for all"shallow flooding areas". • 10-53 (3) d. -New required notification for people who occupy buildings that have been floodproofed. • 10-53 (5) -Clarifying how hazardous materials are defined in order to be consistent with the City's Uniform Fire Code and clarifying that the use of an existing structure in a five-hundred-year floodplain cannot be changed to be used as a critical facility. • 10-55(4)-Clarifying language for nonconforming uses in the floodway to recognize that items previously mentioned in this paragraph are now incorporated into the new critical facilities definition. DATE: June 6, 2000 13 ITEM NUMBER: 27 Attachments 0 Attached to the Agenda Item Summary are the following: • Matrix of the floodplain regulation options considered by the Council. • Typical cross-sections for each option. • A map showing public and private properties in both the City and the County that are in the product corridor and the floodway. • A map showing the same information for property that is inside the floodplain and outside the product corridor and floodway. • Letter from Poudre Fire Authority regarding critical facilities. 0 Ordinance No. 71, 2000 of the Council of the City of Fort Collins Amending Chapter 10 of the City Code Concerning Standards for Development in the Poudre River Floodplain. • The proposed Code changes shown in context. • Resolution 2000-81 of the Council of the City of Fort Collins Directing the City Manager to Pursue the Acquisition of Certain Properties within the Poudre River Floodway, Product Corridor and Floodplain. • Resolution 2000-82 of the Council of the City of Fort Collins Directing the City Manager to Develop Additional Floodplain Regulations for all Storm Drainage Basins of the City and to Tailor Such Regulations to the Unique Characteristics of Each Such Basin. • Verbal public comments from outreach conducted by City staff. • Questionnaire and summary of open house comments with verbatim comments attached. • Written comments from the public and City boards and commissions. I CACHE LA POUDRE RIVER FLOODPLAIN REGULATION OPTIONS Options A.B,B-1,or C are a summary of the possible options that are being considered for thelWycar floodplain regulations on the Cache Is Poudre River. We're only considering the Poudre River in this time. city of goat Coabas Utilities Less Restrictive More Restrictive c: Criteria .`sgl Option A $',;...: . -4,i^c Option B Option B-1 Option C Current FloodpWn Regulations More Restrictive Them Option A More Restrktive Thais Option B Moro Restrictive Than Optlon 13-1 r-i FLOODWAY > 0.5 foot rue. > 0.1—foot 0.1 fuel rise. D Floodway equal to floodplam. WA M T10 D m Alan ma e L Sher m al developrmen. P, Cann a mallow dove DiN PR mpma1 exWmg stmonuea when D Allow twisting micturea when > AI mprolcctexiatingsmremres When , Not anoweq to proven"along mnc�hsu. idanufmd m Maurer OmAma PW. identified n Metier Drainage Pin. identifind bh Mamr Dnew Plan. PROPERTY PURCHASE Nq pmchue optson with flood D Ns puciuse oWon unkv.1"brad with Flood > ) swlh I m me noomway ➢ Croon wj[gl&jgljM in y ua� protection 1 - and lam. snd floodplAm. NOTIFICATIOR D Notify owmera tin property is in a Doodplaa. ➢ Notify owrmshmteu tlu[property is lo• D Notary hewhera/rman that property la u• D N ownt❑ tcm that property ism a IAin. lam floodplak. m yin gas tlhere is D m to Floodway.Allowed ❑ N meth ay or product > in the floodwayor m a rise in water surface ckvauw.Allowed a remainder of Ooodplam. corridor,allowed in the minsinder of except for flood prdxtion projects idmtiW remabder of lam m. in the Muter Ow Pico. PROPERTY REMOVAL FROM D o D with memo fill,but ❑ placemento 14 FIAODPLAM g41onnar bu to mteet floodplain repletion. still bu to meet Fluodolain mcsulatbns. except in the f oo h ay or product corridor,but the placement of fill. $till has to most flitilblain NEW LOPM in the ftgdM if wrest arisen > Not at ate a ,exceptpublic ❑ Not sitowea mthe D Not alloweal an the floodway or floodolsin. wave airline elevation.Allowed in it. kfnmtctise,recreation and natural resources comic except pblic infnsancorc, except public infrastructure.rarestim and temAadar ofthe jloodo0. facilitica,but slltyvsA m"nansinder of the recreation and annual remmua facilities,but maual resources facilities.Wmkd and roofed Bg11211Llq' , gll4MSd in test remainder of the f oodolaia muctums not allowed in my circumstance. MOBILE HOME PARKS > Allowed in Soodpleb,hS nut m tc floodway. > Note in floodway or floodplain. ❑ Not albwnd in Floodwsy,ncodpum or Manuel D Not allownd in floodway or Doodplan. corr .dor. CIAL > in the floodway nhd floodp m. > 1 in the flooday or ❑ in y. D Raidminalan cuounercialnot id in the DEVELOPMENT FloodpWn,commercial allowed in the floodplain or poduct corridor,conucecial not floodway or floodplain. Floodplaaa at in the floodway or product corridor but in the reminder of the Fl lain. REMODELS D Allowed to mining strcascs in the floodwaY > Allowed to existing mucthuu in the floodway ❑ Allowed to existing mhcones in the floodway > Not allowed in the flocdway or floodplain. or floodplain,(50%emulative substantial or floodplain.(50%cumulaive substantial w floodplain.(50%cumulative substantial bwovemenl) Mp—c—L) impmovement)Not allowed in the product corridor. ADDITIONS Not a to existing mucnuva in the > Not allowed to existing sesames in the ➢ Not allo to existing stmcturm m ale > NqLallo.W to misting mucnues m floodway that slows a rive. Allowed to floodway or residential structures m the floodway or product candor,or residential floodway or floodplain. existing Mreou ace in the reminder of the Floodplain, structures in the floodplain. fbodplam RED P ENT(remove and rebuild) Allowed in misting developed arms it,the D Not allowed in existing veloped amm in the D Not at in existing developed arras in the ➢ Not allowed in existing developed areas in the floodway or"lain. floodway,big allowed in the reminder of the floodway or product corridor.Nil allowed in floodwsy or floodplain. floodplain. ale cminder ofthe floodplam. CRITICALFACHITICSm 1 year a 50DYear D Expand the Tdinition to include deer care. D Expand the definition to include > Expand the definition to include day cam. floodpiatm schools.and cemeteries. schools cemeteries.and mull facilities that schools.cemeteries,and mail facilities that have hazardous materials m site. have hawdous materials or,site. RIPARIAN AREAS $gm drough City sial COE processes,i.e. D Protect thruagh City and COE pceesses i.e. D Psoteet through City and COE pacessess.e. > hWAduough City ad COEpoceuu,iA. buffer limits.Section 404. buffer limits.Section 404. buffer limit;Section 404 butler limit%Section 404. DRY LAND ACCESS TO FLOODPLAIN D Not rmii D Rmu > Rmuued. > Roughed.(Will only be applicable to PROPERTY mbatantial improvement remodels.) AT MATERIALS•CommeeW Nel al D Ston k iloodway or floodplain. D Not a owed m the Floodway. D lowed m the sy or floodplain > Not allowed in the floodway or m. Allowedor spccul Cocumtanees. D A11o,wd for sPecul cbcumsunces. o Allow or specu cucumunces except in D Allowed or special cucumstancm. the 500-year Product Cmrridor. WEST' R OR FLOODPROOFTNG D ; above 100-year water surface > N h above 100-yeer water surface D 24 Hits above 100.yem water ace D In the SWyear floodplain,at 504vem water elevation for properties in the I00-year elevation f c propnies in the 100-year elevation for proputks in the lWymr surface elevation OR 24 inc above lWymr floodpua. floodplain.Applicable to substantial floodplain.Applicable to substantial water surface ekwim,whichever is more improvement remodela,new,development, improvencntremodels,new developnheni, restrictive. redevelopment,and additions. redevelopment,and additions _h 100 A FLOODPLAIN • FLOOD FRINGE— FLOODWAY —FLOOD FRINGE ENCROACHMENT ENCROACHMENT Fort Collins bar o or urge. Flood elevation for existing conditions Flood elevation after complete encroachment of flood fringe STREAM CHANNEL 100 YEAR FLOODPLAIN FLOOD FRINGE -- — FLOODWAY —FLOOD FRINGE '1 Ili II Option El+i li ill I 'ply 11�iIPi��i'yll1 0.1 feet i surcharge Flood elevation for existing conditions Flood elevation after complete encroachment of flood fringe STREAM CHANNEL 100 A FLOODPLAIN FLOOD FRINGE— FLOODWAY —FLOOD FRINGE ENCROACHMENT ENCROACHMENT s fort Collins his A o.a mot surr�irge. Flood elevation for \ ? existing conditions Flood elevation alter complete encroachment of flood fringe STREAM CHANNEL 100 YEAR FLOODPLAIN FLOODWAY STREAM CHANNEL -As ME '"'::'�ili: _ �. i��• '1l►rii� 1- Ja r��_ 1fAiii' ! 'AMEN .a : _. ,� m= _ 0,• �;= MINOR t;. • iil ���t d.1s.: :trr:�111�� � � 7■ n./ � �. -uI■ ��L _t ��pR�. ��� I ��I ORK 'T":-r r �4 I��r 'wI 11 -�Y a�.:�� IL -7• lP.. m *... = tit J ���r•111+�-( ,f'u ONES i :I'lllll 'tl U•�IY.■ Yrl 1 w 11jj nll.., • ■In ii:.�I! 11111,1. 17t— �� '■'I���.�-a11... III fj lip _fir. ��■ :. ab IVA i li iT ra MIS Is I 117 �� ��i►.. ' 1�1i✓`� ,� VA Aa .T } md ■III INEE P -r. .. -III►II��� 1 WA iqq ,' ... �����:,: ►, � , MOM,. :_ `ill ..IFlfll Attt ttt BRONSON Ali MEN Ir_ - OL Imp —111*11.6 VA • �AS, IWO iL•�4 �`Irri� ■�\���frii■ r■ �a. 1 U IA. ` : _` ..n''C■rr t�" \�`�, i 'li.; ll�a i,► 'lilt ` ■! . ,„ _ �l e�� ����JII +�T F fly alb—_�L�•■ sue— w�l■ RE Will -... ,a';.. .�,6. .: Inn- Fl•. 11111�d1 � � I � Ili :� � 1 ��i.�� `A . - .�1��■ �� 1 tr �Vl' �■L�Y1 1 I'} � -.. a C-�•�. ■11 \ .■ 111 41 , AI as- it �r 1 1V--:,J-h 1 Art, modIMEW 'NIL . •r IIII_� •w. a. i.��■■I " 1 f Ili � �`•��:9u �• ! 1=�j �► J\ s \` .-� pia pia►\ .11�II '■' t%��,���. 1�1 IMP affulp C., BARNS I'V14 LN OEM Wl� f4j IMP. 1111110 111►- ■■II" r nnl_1!; ._ YMOWN '.101= .' ■ter � '-� ���;: ' I It, . tll Fire Prevention Bureau Ahmay.• 102 Remington Street ul 1 Fort Collins, CO 80524 { 970-221-6570 970-221-6635 (Fax Number) May 2, 2000 Michael Smith Utilities General Manager RE: Retail Facilities as "Critical Facilities" Michael, As discussed with Marsha Hehns-Robinson, Poudre Fire Authority does not consider retail facilities as "critical facilities" nor do we consider retail facilities as target hazards for the following reasons: • Any hazardous materials in retail facilities are packaged in consumer sized packages i • There is no bulk storage on site • Quantities are limited by PFA New Building Plan Reviews and periodic fire Jinspection i • There are no openable containers at sites. • Mos,',...--u0us materials packages are made of plastic allowing them to be water resistant container It's Poudre Fire Authority's recommendation that flood plain regulations should not regulate retail facilities having hazardous materials as "critical facilities." Sincerely, Ron Gonzales cc. Bob Smith, Jim Hubbard, Marsha Hilmes-Robinson File • PROTECTING LIVES & PROPERTY ORDINANCE NO. 71, 2000 . OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 10 OF THE CITY CODE CONCERNING STANDARDS FOR DEVELOPMENT IN THE POUDRE RIVER FLOODPLAIN WHEREAS,in July of 1997,the City of Fort Collins experienced a greater than five-hundred year flood in several of its stormwater basins; and WHEREAS, as a result of the flood, concerns were raised about the adequacy of the City's existing floodplain regulations; and WHEREAS, the City initiated a study to review its floodplain regulations as applied to its stormwater basins,beginning with the Poudre River Floodplain; and WHEREAS the Poudre River Floodplain Stud was recently completed which delineates P Y Y P the boundaries of the Poudre River Floodplain; and WHEREAS, the City also organized an advisory task force to provide input and advice concerning any needed new floodplain regulations for the City's stormwater basins, including the Poudre River Floodplain; and . WHEREAS, the City also conducted significant outreach activities with the public and affected property owners concerning any new floodplain regulations; and WHEREAS,as a result of the various input received from the task force,as well as from the public and affected property owners during the outreach, City staff has proposed new floodplain regulations for the Poudre River Floodplain,which regulations are contained in this Ordinance;and WHEREAS,these new floodplain regulations are needed for all of the purposes stated in City Code Section 10-17, including the additional purposes of minimizing pollution and erosion within the Poudre River Floodplain; and WHEREAS,contained in this Ordinance are also changes to existing provisions of the City's floodplain regulations as applied to all of the City's stormwater basins which changes are necessary to clarify and strengthen such floodplain regulations consistent with the purposes of City Code Section 10-17; and WHEREAS,some of these additional changes are also necessary in order to meet minimum standards imposed upon the City by the Federal Emergency Management Agency under its National Flood Insurance Program. • 1 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 10-16 of the Code of the City of Fort Collins is hereby amended by amending the existing definitions of "area of shallow flooding," "base flood," "basement," "critical facilities," "floodproofing," 'Woodway, " "lowest floor," "manufactured home," "nonresidential structure"and"regulatory flood protection elevation" to read as follows: Area ofshallow flooding shall mean a designated AH or AO zone as shoviwn on the Flood Insurance Rate Map oras designated as a shallow'flooding atea by thepity, with a one-percent or greater annual chance of flooding to an average depth of one (1)to three(3)feet where a clearly defined channel does not exist,where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Base flood or ane-hurur*red-yearflood shall mean the flood having a one-percent chance of being equaled or exceeded in any given year. Basement or crawl space shall mean any area of a building having its floor subgrade (below ground level) on all sides. Critical facilities shall mean structures or facilities that produce, use or store higi lq volatiiMhszardous,flammable,explosive,toxic and/or water reactive materials, liquids,gases and solids as such:are defined in the Umiforth#ireCode"as adoptedi in § 4-1 and as amended'in § 4-2,but not including retail structures and facilities that only stock and store products containing sucl Wbstances in factory sealedcontauYers; hospitals, nursing homes, group homes, residential care facilities, congregate pare facilities, and housing likely to contain occupants who may not be sufficiently mobile to avoid death or injury during a flood;schools;daycare facilities;cemeteries; police stations,fire stations,vehicle and equipment storage facilities and emergency operations centers that are needed for flood response activities before, during and after a flood; and public and private utility facilities that are vital to maintaining or restoring normal services to flooded areas before, during and after a flood. Floodproofmg shall mean Oniake a combination of structural provisions, changes or adjustments to properties and structures subject to flooding,primarily for the reduction or elimination of flood damage to properties, water and sanitary facilities, structures and contents of buildings in a floodplain area. Floodway shall mean the channel of a river or other watercourse in-the adjacent land areas that must be reserved in order to dischaMethebbasefloodwithout cumulatively increasing;the water surfaced more than five-tenths (5/10) foo 2 thebftob2'l without cumulattvely mcreaTstzag the water surface�el" ' bYt;sftheliase flood by more than one-tenth(1/10)foot: Lowest floor shall mean the lowest floor of the lowest enclosed area(including basement or crawl space). An unfinished or flood resistant enclosure,usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor,provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this Article. Manufactured home or mobile home shall mean a structure that is transportable in one (1) or more sections, built on a permanent chassis and designed to be used with or without permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. Nonresidential structure shall mean any structure or any portion of a structure that is not, in whole or in part, a residential structure. A nonresidential structure shall include, without limitation,:any structure used, exclusively of designed oral mtd capable of being used, in whole or in part, for vvithout limitation; office, commercial, business, educational,public-industrial or governmental occupation. . Regulatory flood protection elevation shall mean an elevation of not less than eighteen(18)inches above the base flood elevation;provided,however,, 'respect to t6'Poudre River Floodplain as designated in§ 10-60,'regulataryjf"ad pxotectiori elevation shall mean an elevation of not less than twenty-four(24)inches above the base flood elevation. Section 2. That Section 10-16 of the Code of the City of Fort Collins is hereby amended by adding the following new definitions to read as follows: Llryland access shall m motor Ve `le access Cruettge tttq nthipt a -�' d is i a «E .a¢7 ant P cMi rit ��'rri` pareelafpropertylocatec(taro�e;oruY�t 'flood�lattt,"wht�ck! y elava#c� abuile base flood eYevatrott:so as to icr�tiCUte satia� age afmoai �teYiieles QIl the.grop Fl}r-duihtg'iitries 4f 1k,Yl flood ai tee#ing tlpFdpeity, Eh1fi4 shat .m can the= Emergencyj, anage3�te Agen 1 lrttttdtxetl-,scarftb X, IfaY1 mitt ft«ac tl>atlids tS a- i%Z erc t chanoc� ,.. "M :FFo ,N On..;; tia �w40 ' 3 Floatable materials shall rrtean any mated on a nonrestdenttat " �r(y that is not secu d m ptac or comp enclosed in shcture that it aat off sits°d#> g tliroccttrencer of iiod adrjf }ttally`�i , {}i t?3 a� propt►ty�awtte?ts;b 'that�aulCause bloc cif a cutveufi,��dge or"otunage facihti,�' Ttus includes,wthourt limtatuon,tutibei~,vehictest�o�ats,�giupttiu#,trash dump""stern;tires;drums of other contamera;pieces ofinetal;plastic,or any otleritem or material likely to float: Floodway modication shall mean any alteration to the existing channelrthalweg, bed oz•banks ofa floodway aua p>"oduct corridor.that would a l}asige thed Jue:'ation of the mooitkvay+lproduct corrxr�dr Letter ofinap z evision(EE)MR)shall mean Metter from EPvI 4 afficiall revising the cuirentNational Flood Insurance Programs map to show changes to floodplains, floodways or flood elevations. Letter of map revision based on fill(LOMR-F)shall mean a letter from FEMA stating that anexisting structure or parcel of land that has been elevated by fill would not be inundated by the Base flood; Mixed use'siructure shall mean any stru r,£cttrc that has onlp nomesiden�ial:uses in areas of the structureat orrbelpw tfie applucableregulatory flood pmtectuon elevation, but has residentiatuses its areas of the structure above the applicable regulatory flood protection elevation. Non-structural use shall meanany use of property which does not: (a)involve a stricture; (b)cause a rise in the base flood elevation; (c)involve the use or storage of floatable materials;(d)involve the placement of fill;or(e)have the potential for causing mcressed erosion ofthe thalweg bed or banks ofany watercourse( Such . . uses Q¢uld mcfude,wttho ,tl !ou4 gr x�asttueugq utdoor plain i e kuoclxc ��cntturce ¢ .„ sod,._ . y, ' a�nc1 sndnat and co' tneual ueg . tit"f" p �v �tlue watery tgpet 4 F - } oc vt ;felep e k�i ".v rn r.i i„ 3 z 7 ,use t wastewater„ storm sewer 8 any ate pubhc servtc , , storgtycrdtzt improvements idenhfiedrgai}X,city agprgt�ed drainage master plan,,publiaoails, brtdesq ves„ -r, signalm g3utpment, as,prQvldedregtiSted of Recreationalfacilitiem sltal mean factltesa equiptnet�t'that areused for.private or public recreational ornatural resource 1tt poses thathave,a telafity ly lover flood _ - damage potential,and do:not involve a This maluiles,wtthout limttatian bicycle„equestrian orpedestriantrails andpaths;gazebos;benches„bait 1614;4ennis and basketball courts;interpretive facilities,playgroundequiprnent;a_,golfcourses. Recreational vehicle shall mean a vehttah yalttch is ,, ltbtttltrattgle chassis; less� l�,ien�measatat pt�, r �destgnedl*rxr propelle�orpermanen �'tovratrloh�"�fr�lt,d'uty truck;: and (4}.'.designed �tr`arly for uSennot as a geitrtai►er►t dwekliug-btYt as temporary living quarters foi recreational„camping,travel or seasdnal tile' Redevelop shall mean to demolish a structure,or portion of the structure,to the foundation onto the ground surface,and to rebuild the structure,or any portion of the structure,without increasing the floor area of the structure. Redevelopment shall mean the process:of redeveloping a structure. Section 3. That Section 10-19(b) of the Code of the City of Fort Collins is hereby amended to read as follows: (b) The cityCouncil may adopt additional floodplain studies or reports by reference and declare them to be part of this Article,provided that any differences in floodplain delineation between such additional studies or reports and the Flood Insurance Rate Map shall be resolved by applying those provisions which result in a broader floodplain delineation. A copy of such studies or reports shall be on file in the office of the City Clerk. Section 4. That Section 10-23 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-23. Violations and penalties. No structure or land shall be constructed,located,extended,converteda or-altered p Q without full compliance with the terms of this Article and other applicable regulations.Violations of the provisions of this Article by failure to comply with any • 5 of its requirements,including violations of conditions and safeguards established in connection with conditions,shall constitute a misdemeanor.Any person who violates this Article or who fails to comply with any of its requirements shall, upon conviction, be guilty of a misdemeanor and shall be punished as provided in § 1-15 in addition to the collection of any costs which may be provided unless a specific penalty is provided for a particular misdemeanor. Each day that any violation of the provisions of this Article occurs shall constitute a separate offense. Nothing contained herein shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Section 5. That Section 10-36 of the Code of the City of Fort Collins is hereby amended by adding a new paragraph(10) to read as follows: The duties and responsibilities of the Director,as defined in§10-16,shall include but are not limited to: ( 0) Requi g that the pra lions of.tJus Article be applied to arty.struCtirre located3ini an area of the city nut mapped as part of FEMftTFId6d Insurance'Study referred to in §1,9-19(a) and not included iu;any City designated fldodplain as established pursuant to §10-19(b),but.in an area knowri to the-Director to have experienced flooding mi the past during a base flood or to have the potential for flooding during a base flood. Section 6. That Section 10-37(c)(3) of the Code of the City of Fort Collins is hereby amended to read as follows: (c) The following information is also required for a floodplain use permit: (3) A surface view plan showing elevations and contours of the ground;fill and storage elevations;sizes,locations and spatial arrangement of all proposed, anticipated and existing structures on the site; location and elevations of streets, water supplies and sanitary facilities; boundaries of all applicable floodplains, floodways=and product dorridors in which the:proposed development is to be located; and Bross section locations aii.&J,se flood elevatij contours;and Section 7. That Section 10-39 of the Code of the City of Fort Collins is hereby amended as follows: Sec. 10-39. Conditions for variances. (a) Generally,variances may be issued for construction and improvements to be erected on a lot one-half('/2)acre or less in size contiguous to and surrounded by 6 • lots with existing structures constructed below the base flood level,provided that all factors of the variance procedure have been fully considered. (b) Variances maybe issued for the reconstruction,rehabilitation or restoration of structures listed individually on the National Register of Historic Places or on the state's Inventory of Historic Places or designated asa Iaadmark undar Chapior it4 of this Code without regard to the procedures set forth in the remainder of this Section. (c) If the variance sought under this Section would exempt.the appIicant's property from the applicatioit of any provision.under this Article that is more restrictive Ethan a comparable provision of the Federal Floodplain Regulations established in 44 C.F.R. Parts 59-78, such variance shall not be subject to the required finding of paragraph(h)(2)of this Section. (d) If the variance soo&islorproperty ipeatediz►acity-designated floodplain and not in a FEMA-desigtat4tfo6dplain,such v ance shall not be subject t6!f1te required finding of paragraph(h)(2)of this Section. (ce) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (f) Variances shall not be issued for development within the product corridor of the Poudre River Floodplailh as such Floodplain is designated in§10-60. (dg) Variances shall only be issued upon the determination that the variance is the minimum necessary, considering the flood hazard,to afford relief. (eh) Variances shall only be issued upon: (1) The showing of good and sufficient cause; (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) A determination that the granting of the variance would not result in any increased flood heights,any additional threats to public safety or tokwe of private O0.0i y, any extraordinary public expense, arty nuisances or trespass,eauseany fraud on or victimization of the public as identified in this Chapter,or conflict with existing local laws or ordinances. (fi) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below 7 the base flood level and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. Section 8. That Section 10-53 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-53. Specific standards for floodplains. In all floodplains where base flood elevation data has been provided as set forth in this Article, the following standards are required: (1) If a lot or parcel lies partly within the floodway or flood fringe area, the part(s)of such lot or parcel lying within such area or areas shall meet all the standards and requirements of such respective area as prescribed by this Article; (2) Residential construction: a. y residential structure in an area of special flood:hazard,and any additions to,or substantial improvements of such a structure shall have the lowest floor, including basement, elevated to or above the regulatory flood protection elevation; b. Require within any AO Zone or areas of shallow-flooding that all new construction, additions to and substantial improvements of residential structures have the lowest floor, including basement, elevated above the highest adjacent grade at least eighteen(18)inches above the depth number specified in feet on the FIRM (at least two [2] feet if no depth number is specified); C. Require within eas of shallow flooding adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. (3) Nonresidential andJmxgd-use construction: a. Netv cointmetion, a e E y-Cemrnzrcra industrial ot other nonresidential structureU'L%f w'N s'15Wr i- ". ., ? a1 _ "shall either have the lowest floor, fir. .. , . including basement, elevated to the level of the regulatory flood 8 protection elevation or together with attendant utility and sanitary facilities shall: 1. Be floodproofed so that below the regulatory flood protection elevation the structure is watertight with walls substantially impermeable to the passage of water; 2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and 3. Be certified to the Director by a registered professional engineer or architect that the standards of this subsection are satisfied. b. Require within any AO Zone of area of shailoy tlboding,that all new construction, additions to, and substantial improvements of nonresidential or mixed-use structures (i) have the lowest floor, including basement,elevated above the highest adjacent grade at least eighteen(18) inches above the depth number specified in feet on the FIRM (at least two [2] feet if no depth is specified), andor (ii) together with attendant utility and sanitary facilities be completely floodproofed to that level to meet the floodproofing standard specified in this Article; C. Require within areas of shallow,flooding adequate drainage paths around nonresidential and mixed-use structures on slopes to guide floodwaters around and away from proposed structures. d. The owner of a floodproofed structure shallpost and maintain written notices in conspicuous locations on each floor of the structure in such form, locations and numbers astate reasonably necessary to itzfortn the oecupanfs of the structtue ttte , t�`� f " tO ldentlfy the]QCaUQA QfaAyrys P ettt` 7 t tttat ftjutre3 ht inari open ki4tt ttt order fo f6f o fl'. e,. . tx lido e o. (4) Critical facilities.No new critical facilities shall be constructed in the five- hundred-year floodplam nQr shalltaeetcistp _ h five- hundred year lloodplaui`be changed toraitisu that °' ' tstd4a critica 4o!.,ty. a= (5) Hazardous materials No person shall store a hazardous T b r as. al r 9 as amended hfj,9-2,below the regulatory flood protection elevation for the area of the floodplain in which it is located, except for the storage of gasoline in existing and replacement underground in existing gasoline service stations and service garages, which tanks are designed to prevent infiltration and discharge into floodwaters and which are adequately anchored and shielded against rupture. Section 9. That Section 10-55(4) of the Code of the City of Fort Collins is hereby amended to read as follows: Located within the floodplains established in this Article are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris,potential projectiles and erosion potential,the following provisions shall apply: (4) No person shall change the use of an-exinitig noncorifoiming structure from a nonresidential use ar mixed-use to a residential use nor shall any person change the!:use of a nonconfornung structure or conforming structure to use as a school daq cm facilitycritical facility. Section 10. That Article II of Chapter 10 of the Code of the City of Fort Collins is hereby amended by adding a new Division 4 to read as follows: DIVISION 4. POIIDRE RIVER FLOODPLAIN Sec.10-60. Designation of Poudre River Floodplain. In accordance with<§ 10-19(b), the Poudre River Floodplain Study, a copy;of which is on file with the Office of the City Clerk,is hereby adopted by reference and declared to be a part of this Article. T1te boundanes of the floodplain,floodway and prod r{i eorrtdoro 'the Poudre Riyei Ioodplatn shalt be as deltneated ri the Study, except as heretnafter rnodtfied Thydar a #Iooc ' tltigdwa and profit utlmdor, ltshed mtl� o,. loogtarj m I7trea tf?m hts tnodt>* t IDS f P i ent y ca €tn.gpprnvd 10 • Sec. Eli-61. Spe'atk s 'it ards fat(,�'ajy r�lt% Kpd pEl in In addition to complying with all other applicable pro' it oti6 of this Article,all development in the Poudre River Floodplain,as such tloodpfain is designated by 10-6Q,shall comply vulth the€allawing.applieable visrons urfless,remcsved M n .: the floodplaiiiin accordance With§ 10-62. Iftherets any ogttflicl beOyeen any of the following provisions and any other provision o€this Article, thehma ':estrictive provision shall control.. (1) Property location. If a lot or parcel lies partly within the floodplan,the part or parts of such,lot or,parcel lying within the floodplaln shall meet all applicable standards and requirements of this Article. (2) Residential construction.. a. New construction. Construction of new residential structures is prohibited in the floodplain,floodway and product corridor. b. Additions. Additions to residential 'structures in the floodplain, floodway and product corridor are prohibited. C. Substantial damage. Any residential structure in the floodway or . product corridor that has suffered substantial dancage,shall notbe reconstructed. d. Redevelopment. Redevelopment of a residential.structure in the floodway or product corridor is prohibited. e. Elevation requirements. 1. Any substantial improvement to a residential structure in the floodplain, floodway or product eamdar which.is. not otherwise polubtted by this ISistan�isltalhve the lowest floor,ofthe shucture mGltlii�ti r t elevatedto:cnabgve thereafory flydl?rolsl4tttt 2. Any existing resideihal 1 a e y q the flisadplaul:outside gthe , fluff has suffered stth � prVk,Vdedtln c . F ` • 11 the ffoodplam of ex way t, -lot corridor is redeireltiped, the lavest floor of the redzYProeveloped structure, including any basement or crawl space, shall be elevated to orabovothoregul loodprotectio elevatiodi F i >tH }.d'�.. (3) Nenresidential;and muted use tructiont a. New construction: 1. The construction' ta£ new, nonresidential structures .is prohibited in the floodway and product corridor. 2. The constriction of new mixed:use structures is prohibited in the floodplain,tj and product Comdor. b Additions: 1. Additions to nonresidential structures in the floodway and product corridor are prohibited. 2. Additions to mixed-use structures in the floodway and product corridor are prohibited. Additions to a mixed-use structure that result in any expansion of the residential-use area of the structure are prohibited in those.portions of the floodplain outside th,e floodway and product corridor. C. Substantial damages. Any nonresidential,or mixed-use structure in the floodway or product corridor that hds suffered substantial damage shall not be reconstructed.. d. Redevelopment. The redevelopment ofaponresidential'ormixed-use structure,in the„floodway or product r,",r,d gr is prohibited. e Elevation aril flood o .,; Pro ��re�uuempa d , i era. t 4 iNV-pi't} v -�,• ,�} .Ua : t tf 12 pro tEo " ._ they atten ..,..' ' ity and samtry' ihes,; shall: (i) be floodproofed so that below the regulatory flood protection el ' on the struct is waten with walls subi. ' alty impenfieable to t ie' a of water; (ii) have structural components capable of,resisting hydrostatic and,hydrodynamic loads and effects of buoyancy;and (iii) be certified to'theDirectorbyaregisteredprofessional engineer or;afdfitect thi(!',the standards of this subparagraph;1, are satisfied: 2. In the event that construction of a new nonresidential structure or any addition, substantial improvement to, or redevelopment of an existing nonresidential or mixed-use structure is permitted by this Division 4 and the structure is located or is to be located in the AA,Zone as shoes on the FIRM;the structure s{�all have the lov� sti flooriincl" d—' sny basemetif or crawl spate;.elevated above the highest adjacent grade atleasttwenty-fglr�24)inches above the depth nun►ber specified in feet on the.1 lRM(at leasttwa[2j feet ifno depth is specified), or together. with aay`:attendant uttlty" and sanitary facility,be completely floodproofed to that level and meet the following additional floodproofing standards: (i) be floodproofed so the structure is water tiglit with walls substantially impermeable to the passage of water; (ii) have structural compone capable aftsisting . f liyclrostaticl ydr c loads et is of y bno ant „ Oil) becertifi p l irectoria n stere g essxonal erigmeer � lgeet' that°4' stanclattils,k�of thus an { 3. R!l • 13 n A y ,y Y LS § ft R qq aufhot ed tinder this VtVIsion. 4, adequate dramsge ps�t�is around,s c structure slope$to grade flood orate asroun l iIF rr '1r. m 4 t a attc� m 4. afla '� vt. �4� n } 3?: 4 written t� tes m consstsh{ausgcattt}ns 4nkof the stru `'�' such"farm, 'ftications 'aad i't1t`tr�� as. reasonably necessary to infortti'the occupants of the structure that the building is flovdproofed and to identify the location of any equipment in the structure that requires human operabori in order for tho,tloodproofing to be.effective. (4) ManiEfad=d fiome _ i recreate ,uehicies a. An'taniiNeturedhinkshatli10 placedmtheflood Iat ;t or product eomdoi!This provision sh4all not.appTy tothtay°tfl d homes placed'imthe tloodplam floocttivay or product`corridirr on or before July I,2000. b. Any recreational vehicle located on residential property tin the floodplam floodv*y or product corridar shall be fµT3y lice rnaed and ready far hrghwa# #se at all tmes1when.located an sttefis;ptsp (5) Filh 1, 6 persoi►shall;place anyfill in,the flood way or pro ducticorridor unless it is related to the;development of publio ihfrdstcactEtre or publicly- owned recreational facilities, in which easo any fill that is placed.for such permitted development shall not cause a rise in the base flood elevation. Fill related to mine reclamation shall be permitted in the floodway and the product corridor so long-as it will not cause a rise in the base flood elevation and so long as all changes m the floodway,and product corridor are on._the mmtntsrte� lrgibthty4for;aletter'dfmaprisloti based on fill �ryry fy�om Flyy, lsliall,noticonsideietltpftt�ift: r:�.=',R4 +lpo (6), Io ti.Hhk y _..f i 14 addition to or substantial unprj veinentbxtsting stq± re on:the . proper'ty. (7) Dryland access. In the event tat the construction of a new,structure or addition to or substantial improvement of an existing structure:is permitted under this Division 4,dryland aceess'shall be provided fo>`suolg,stmcture (8) Floodway modifications. Floodway,modification is'prohibsted.unless it is made,in connection with the development of public ini cture or publicly owned recreational facilities,or unless it is4easgq.,y'nf-cessary in connection with the use of propertyfor mining;provided,however,that any such modification for mining, only occur on the property being mined, and if any property,is removed from the flood way orproduct corridor because o€such modifidationffor mining,the property so removed shall not thereafter be used for the constmction of any structure upon it. See.,10-62. Removal of property from flaodplain. (a) Subject to the provisions,of paragraphs (b)and(c)of this Section and any permit requirements of this Code or the city's Land Use Code,property located in that portion of the floodplain outside the floodway and product corridor may be removed from such floodplain area if one (,I) of the . following conditions is"satisfied; (1) FEMA has issued a letter of map revision removing the property from the floodplain solely as a result of the construction of stormwater improvements identified in city's Poudre River Master Drainage Plan; or (2) FEMA has issued a letter of map revision based on fill removing the property from the"floodplain, and at least fifteen(15)percent of the property's boundary is contiguous to property outside thd ,106dplain there is dryland access on the property, and ktk}ere is rErland access from the property fo a p ti 2i cty"niaintainecl sheet or "and such access andstreet or road b}id not"be flooded by a basewflood. (b) If the propey remavcci!from the toodplaurft'tr§t)ai't to P (a)of if this! ) ftte the any,developmen�n tlie;Iii d y prah)hitions'otlitist • 15 hake'the lowest floor of the s e, uiclijiling aria basetnent or crawl space;.elevated;o ar above the r�gulator�flQod protection eYevation. Seca k4-63..lases alluvsd,itr 3FoatlplurpprTwa {did pptR cordtikr. 1*�q�n;stE'aetikral uses,.pablii~� `,� � ttotrat��fa�exEieshallr'68 alIo�to the��'toodJ►lti,� it ot,=prcr�c� �tch uses r..es, P 1K com thakagghtle � ions o Yd clprnvided t a sueuses,arc otheityiae putted by the `taty's app tctble g and land ttse Taws and regulations. Redevelopmerit and'substantial improvement.of existing residential struchires shall be pennittedmttiose porttois of th�tloodplam outside the ftoodway and p lmdrie :c0m, dorOMviddR-Wat suoh biJierwts p`gt tied by this Amcfa"" "t'�!eity"s a�Plxedezonm� a atr Flew nonresidenfial �,'strvetures aan additio �";still �tmprri{ t $ to, `and redevelopmeri�pf,existitigitpiuesidentia� P �` '� `strrrctt`i`ri'Eas�gtf�bepernntfed in those portiitas ofthe'tloodplain outsiite tlie4`#T#dq{dway an� pt3 'hdet`eomz�or" provided that Bach structures,are otherwise pennittetttiy this Article and=the city's applicable zoning and``land-use laws and' regulations. The rehabilitation of resident , ndenialnmixed-use' " vs exisngas fJul 2000,in thet floodplairt, floodway and product corridor shall be permitted,provided that all the substantial im rovement requirements of ihi' Aiticle ale satisfied and provided that the regulatory good protection elevaUommaudated by such substantial improvement requirements shall be not less tliaii tweritg=foftr (Zq inches above the base flood elevations Sec. 1044. Takings determination. Persons who claimthat their property has been taken,by reason of the application of any provision of this Division shall fottovrthe takings determination provisions of Division 2.13 of:the cup's band L1.lse`:Code befole m'stituting any judicial proceeding against the1.1_city;elaimuig a tatcug"off their a"#legted pcopiy, Introduced and considered favorably on first reading and ordered published in summary form this 6th day of June,A.D. 2000,and to be presented for final passage on the 20th day of June,A.D. 2000. Mayor ATTEST: City Clerk 16 Passed and adopted on final reading this 20th day of June, A.D. 2000. Mayor ATTEST: City Clerk 17 ARTICLE II. FLOOD HAZARD AREAS DIVISION 1. GENERALLY Sec. 10-16. Definitions. Unless specifically defined below,words or phrases used in this Article shall be interpreted so as to give them the meaning they have in common usage and to give this Article its most reasonable application. Addition shall mean any alteration to an existing structure which results in any increase in the structure's floor area. Appeal shall mean a request for a review of an interpretation of any provision of this Article made by the Director. Area of shallow flooding shall mean a designated AH or AO zone as shown on ftFlood Insurance Rate Map or as designated as a shallow flooding area by the city with a one-percent or greater annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist,where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Area ofspecial flood hazard shall mean the land in the floodplain subject to a one-percent . or greater chance of being equalled or exceeded in any givenyear.Areas of the floodplain designated as Zones A, AE, AO, AH, A1--30 on the Flood Insurance Rate Map and other areas designated as floodplain by the city are included. Base flood or one-hundred year flood shall mean the flood having a one-percent chance of being equaled or exceeded in any given year. Base flood elevation shall mean the elevation for which there is a one-percent chance in any given year that flood levels will equal or exceed it. Basement or crawl space shall mean any area of a building having its floor subgrade(below ground level) on all sides. Change in watercourse shall mean any change in an existing thalweg, bed or bank of a watercourse. Conveyance zone shall mean those portions of the floodplain required for the passage or based on conveyance of the one-hundred-year flood a ual encroachment or other method if Yq ( approved by the city)of the floodplain from the edges of the flood channel to a point where the one- hundred-year flood profile will be raised by six(6) inches or more, after considering a reasonable expectation of blockage at bridges and other obstructions by flood-borne debris. • 1 Critical facilities shall mean structures or facilities that produce, use or store highly vekdilelia° '`.v_ns, flammable, explosive, toxic and/or water reactive materials y v solids as snch'are defined in the Uhiforth lire Code as adopted in Code§9 L:sari `a tnendeil iii" 9- 2,brit not including retail structures and facilities that only stock and store produefs containing sueh substances,=in factory sealed containers; hospitals, nursing homes, grquphol Im ,:residentraGAcaie facilities,"t q}tgregatG_care facihities and housing likely to contain occupants who may not be sufficiently mobile to avoid death or injury during a flood; schools;dayoarejfaciiIjttes, ce to police stations, fire stations, vehicle and equipment storage facilities and emergency operations centers that are needed for flood response activities before,during and after a flood; and public and private utility facilities that are vital to maintaining or restoring normal services to flooded areas before, during and after a flood. Development shall mean any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures,mining,dredging,filling,grading,paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard. Director shall mean the duly appointed General Manager of Utility Services of the city or the designated representative of the General Manager. Drainway or drainageway shall mean a natural or artificial land surface depression with or without perceptibly defined beds and banks to which surface runoff gravitates and collectively forms a flow of water continuously or intermittently in a definite direction. Dryland access shall mean motor vehicle access to structures on and within a parcel of property,located in whole or in part in a floodplain,which access is elevated above the base flood elevation so as to ensure the safe passage of motor vehicles on the property during times of a base food affecting the property. Existing manufactured home park or subdivision shall mean a manufactured home park for which the construction of facilities for servicing the lot on which the manufactured home is to be affixed(including,at a minimum,the installation of utilities,either final site grading or the pouring of concrete pads and the construction of streets) is completed before the effective date of the ordinance from which this Article was derived. Expansion to an existing manufactured home park or subdivision shall mean the preparation of additional sites by the construction of facilities for servicing the lots on which mobile homes are to be affixed,including the installation of utilities,either final site grading or the pouring of concrete pads or the construction of streets. 2 • Fill shall mean a deposit of materials of any kind placed by artificial means. Five-hundred year flood shall mean a flood that has a two-tenths (0.2):percent chance of being equaled or exceeded in any given year. Five-hundredyear floodplairr shall mesa the land in+a drainageway,within a canununity subject to a two-tenths(0.2)percent or greater ehidice of flooding in a given year: Floatable materials shall mean any material.on a nonresidential property that is not secured in place or completely enclosed in a structure,so that it could float off site during the occurrence of a flood and potentially cause harm to downstream property owners,or that could cause blockage of a culvert,bridge or other drainage;facility. This includes,without limitation,lumber,vehicles,boats, equipment,trash dumpsters,tires, drums or other containers;pieces of metals plastic,or any other item or material likely to float: Flood or flooding shall mean a general and temporary condition of partial or complete inundation of normally dry land areas caused by the overflow of inland waters and/or the unusual and rapid accumulation or runoff of surface waters from any source. Floodfringe shall mean that portion of the floodplain between the floodway district boundary and the upper limits of the base flood. The flood fringe is the low hazard portion of a drainway channel or watercourse outside the floodway portion. Flood Insurance Rate Map (FIRM) shall mean the official map on which the Federal Emergency Management Agency has delineated both the floodplains and risk premium zones applicable to the community. Flood Insurance Study shall mean the official report in which the Federal Emergency Management Agency has provided flood profiles,as well as the Flood Boundary-Floodway Map and water surface elevation of the base flood. Floodplain shall mean the land in a drainway within a community subject to a one-percent or greater chance of flooding in a given year. g g g Y Floodproofmg shall mean to make a combination of structural provisions, changes or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damage to properties, water and sanitary facilities, structures and contents of buildings in a floodplain area. Floodplain management shall mean the operation of an overall program of corrective and preventative measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. Floodplain management refers to those activities that are implemented with the intent to promote the public 3 health,safety and general welfare,to minimize public and private losses due to flood conditions and to maintain, enhance and improve the natural and beneficial functions of floodplains. Floodplain management regulations shall mean zoning ordinances,subdivision regulations, building codes,health regulations,special purpose ordinances(such as floodplain ordinance,grading ordinance and erosion control ordinance)and other applications of police power.The term describes such federal, state or local regulations,or any combination thereof,which provide standards for the purpose of flood damage prevention and reduction. Floodplain use permit shall mean any permit granted under the terms and conditions of this Article for development on land in a floodplain. Floodway shall mean the charnel of a river or other watercourse and itt-the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevationof,the base flood by more than five-tenths (5/10) foot;provides howeye, with respect to the Poudre River TloOoplain as designated in §10-60,floodwalr shall;mean the channel of.*Poudre_ltiver and adjacent land areas to the River that must be reserved in order to discharge,the.base flood without cumrlatively increasing the water surface elevation of the base flood by more than one-tenth(1/10)foot: Floodway modification shall mean any alteration to the existing channel thalweg, bed or banks of a floodway or product corridor that would change the delineation ofthe floodway or product corridor. Letter ofmapreuision(LOMR)shall mean a tetterfrom FEMA;officially repising.the current National Flood Insurance Program Map to show changes to floodplains, floodways or flood elevations. Letter of map revision based onfill(LOMR-F)shall mean a letter from FEMA stating that an existing structure or parcel of land that has been elevated by fill would not be inundated by the base flood. Lowest floor shall mean the lowest floor of the lowest enclosed area(including basement or crawl space). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor,provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this Article. Manufactured homeinob7txte shall mean a structure that is transportable in one (1) or more sections,built on a permanent chassis and designed to be used with or without permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. 4 . Muted use structure shall mean any s> hascrlyo � es areas atthe strue,Itme- 9Fbelow=theapplicabItregnlatotytT, , areas of the`structure above the applicable regulatory flood protection-elevatttra; New construction shall mean those structures for which the start of construction commenced on or after July 16, 1979, and includes any subsequent improvements to such structures. New manufactured home park or subdivision shall mean a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed on or after the effective date of these floodplain management regulations. Nonconforming structure shall mean a structure which existed and was lawful before the passage of the ordinance from which the Flood Prevention and Protection Article was derived,but which is not in conformity with the requirements of said article. Nonresidential structure shall mean any structure or any portion of a structure that is not,in whole or in part,a residential structure. A nonresidential structure shall include,without limitation, any structure used,exekesively or designed,or-as capable of being used,in whole or in part,for, without , office, commercial, business, educational, publie-industrial or governmental occupation. • Nan-structural,-use shall mean any use of property which does not: (a)involve a structure; b(b)cause a rise in the ase flood elevation;(c)involve the use or storage of floatableimaterials; (d) involve the placement of fill or(e)have the potential for causing increased erosion of the thalweg, bed or banks of any watercourse. Such uses could include, without limitation, general farming, mining, pasturing, outdoor plant nurseries, horticulture, viticulture,'forestry, sod farming; and industrial and commercial uses. Product corridor shall mean the channel of a watercourse or other area of potential flooding, the boundaries of which are defined by the depth of water,as measured in feet,multiplied by the velocity of the water,as measured in feet per second;for a five-hundred-yeat flood such drat the product.is greater than.or equal to six(6) Puklic infras Oure;shall inpo,:any fko*t eaeiudm structurgs,_ofvls bl c otµptrvate uttlttprgt„ n electti ,telephOne,s:ableT'V,h , ',' tftetegr } ivater;waste! tet,stattrr or any otnt pubhcutility service; stormwaterripriavemeritdentifred in,a? ;'erf?-ap drainage uu`la$ter plane,- ie roads, bridges and aulvests,;atzd cast rahng+etjitipmentthat is v, r pEourded,+ 41. aufhprizetk by any govermn44ital edt t eti8 • 5 Reconstruction (repair of damaged structures) shall mean the rebuilding of an existing structure which has been partially or completely destroyed by any cause (i.e., fire, wind, flood) without increasing the floor area of the structure. Recreational fac:lttresjshalt mean faGilt*or eq t a t far pnvatg 4? Pubi}c reGreattonalor�nrralresa° 4ktrposasru t�txrrolvaadntetur�. .. pa4*gatgbb eglupment�andFgolf Coutt Recreational uehhgl,; llall mean,,a=,vehic a which is:,,(1) built;np a,5imgI chassis. (2)'four hundred(4Q0)square;feet or,tess when ieasured at We=largest horizontal p%xtsection;( )designed to beself-propelled orpermatlentlytowalZIet} altght-duty truck,and(4)destgget4primairiifor ase net as a perlsent dam_ eIlu)g bPt#�s?ernlSOtaty ljNqu 4vaitn f teem&hat canpin ;tgavel or saespnal u i i t E t Redeveliip s#ali demoe� ,or krof the n ��„ Mil mN or,to the gputi 'sprface td rebutltthe structttre ,4,, ;a�port increasingtl e'fltso"r area of"tlt sttttctur Redevelopment shall mean the process`of redevelcipng a st�tc'Yure Regulatory floodplain shall mean the floodplain that is regulated by the city, including the special flood hazard area(SFHA). It also covers areas identified by the city as floodplain that are outside the SFHA as mapped by the Federal Emergency Management Agency. Regulatory flood protection elevation shall mean an elevation of not less than eighteen(18) inches above the base flood elevation;.provided, hvvuevcr, with,respegtt tq;the Poudre altiver Flaodplain as designated in§10-60,regutatdryftgdd pr©tection e7evkttort shall,xnean an,elevvation ofnot less than twenty-four(244)inches,nbove the base;flood elevation., Rehabilitation shall mean any improvements and repairs which are made to the interior and exterior of an existing structure but which do not result in any increase in the floor area of the structure. Residential structure shall mean any structure or any portion of a structure that is used for, or designed as and capable of being used for, the temporary or permanent domicile of persons, including without limitation a dwelling, a boarding house, a hotel, a motel and similarly used structures. Special flood hazard area (SFHA). See Area ofspecial flood hazard. 6 • Start of construction includes substantial improvement,and shall mean the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty(180)days of the permit date.The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings,the installation of piles,the construction of columns or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways;nor does it include excavation for a basement,footings,piers or foundations or the erection of temporary forms;nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure shall mean a walled and roofed building, a manufactured home or a gas or liquid storage tank that is principally aboveground. Substantial damage shall mean damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. Substantial improvement shall mean any combination of repairs, reconstructions, rehabilitations, additions or other improvements of a structure, taking place during the life of the structure, 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. This term includes structures that have incurred substantial damage,regardless of the actual repair work performed.The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health,sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. Watercourse shall mean a stream, creek, pond, slough, gulch, reservoir, lake or portion of the floodplain functioning as a natural or improved channel carrying flows,not constituting a flood. The term includes without limitation established natural and human-made drainageways for carrying storm runoff but does not include irrigation ditches. 7 Sec. 10-17. Purpose. (a) It is the purpose of this Article to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (1) Minimize the need for rescue and relief efforts associated with flooding generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities, such as water and gas mains, electric,telephone and sewer lines,and streets and bridges located in floodplains; (6) Help maintain a stable tax base by providing for the second use and development of floodplains so as to minimize future flood blight areas; (7) Ensure that potential buyers are notified that property is in a floodplain; (8) Ensure that those who occupy the floodplain assume the responsibility for their actions; (9) Protect the natural areas required to convey flood flows and retain slow flow characteristics; and (10) Obtain and maintain the benefits to the community of participating in the National Flood Insurance Program. (b) In order to accomplish its purposes,this Article includes methods and provisions for: (1) Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities; (2) Requiring that uses vulnerable to floods,including facilities which serve such uses, be protected against flood damage at the time of initial construction; 8 (3) Controlling the alteration of natural floodplains,stream channels and natural . protective barriers which help accommodate or channel floodwaters; (4) Controlling filling, grading, dredging and other development which may increase flood damage; and (5) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. Sec. 10-18. Interpretation. In the interpretation and application of this Article, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally constructed in favor of the governing body; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. Sec. 10-19. Floodplain designation. . (a) The Flood Insurance Study dated January 1979, including any revisions or amendments thereto,completed for the city by the Federal Emergency Management Agency for the purpose of identifying floodplain areas, with accompanying Flood Insurance Rate Map and Flood Boundary-Floodway Map, is hereby adopted by reference and declared to be a part of this Article. The Flood Insurance Study is on file in the office of the City Clerk. (b) The eityCouncil may adopt additional floodplain studies or reports by reference and declare them to be part of this Article, provided that any differences in floodplain delineation between such additional studies or reports and the Flood Insurance Rate Map shall be resolved by applying those provisions which result in a broader floodplain delineation.A copy of such studies or reports shall be on file in the office of the City Clerk. Sec. 10-20. Application to certain lands. (a) This Article shall apply to all floodplains within the jurisdiction of the city. (b) In addition to any restrictions placed upon any lands within the city by virtue of the zoning ordinance of the city, all lands within the floodplains defined by this Article 9 shall conform to and meet all the requirements for such districts as hereinafter set forth. (c) If lands located outside the city limits are included within the floodplain, the flood fringe or the floodway,the requirements of this Article shall apply to such lands upon annexation. Sec. 10-21. Disclaimer of liability. The degree of flood protection required by this Article is considered reasonable for regulatory purposes and is based upon engineering and scientific methods of study.Floods of greater magnitude than the base flood occur on rare occasions or flood heights may be increased by man-made or natural causes,such as ice jams and bridge openings restricted by debris.This Article does not imply that areas outside floodplains or land uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of the city or any officer or employee for any flood damages that result from reliance on this Article or any administrative decision lawfully made thereunder. Sec. 10-22. Nonconforming structures. A structure which existed and was lawful before the passage of the ordinance from which this Article was derived, but which is not in conformity with the requirements of this Article, may be continued, notwithstanding the provisions of this Article, subject to the following conditions: (1) If a nonconforming structure is abandoned for twelve (12) consecutive months,the structure shall conform to the requirements of this Article prior to any future use. Intent to resume active operations shall not affect the foregoing. (2) If any nonconforming structure is substantially damaged by any means, including floods,to an extent of fifty (50)percent of its market value, such structure shall not be reconstructed, except in conformity with the provisions of this Article. (3) Any combination of repairs, reconstruction, rehabilitation, addition or other improvement of a structure, taking place during the life of the structure, 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,shall be made only in conformity with the provisions of this Article. Sec. 10-23. Violations and penalties. No structure or land shall be constructed, located, extended, converted;or-altered or used without full compliance with the terms of this Article and other applicable regulations. Violations of the provisions of this Article by failure to comply with any of its requirements, including 10 violations of conditions and safeguards established in connection with conditions, shall constitute . a misdemeanor. Any person who violates this Article or who fails to comply with any of its requirements shall, upon conviction,be guilty of a misdemeanor and shall be punished as provided in § 1-15 in addition to the collection of any costs which may be provided unless a specific penalty is provided for a particular misdemeanor.Each day that any violation of the provisions of this Article occurs shall constitute a separate offense.Nothing contained herein shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Sees. 10-24-10-35. Reserved. DIVISION 2. ADMINISTRATION Sec. 10-36. Administrator's powers and duties. The duties and responsibilities of the Director, as defined in § 10-16, shall include but are not limited to: (1) Reviewing all floodplain use permits to determine that the permit requirements of this Article have been satisfied; (2) Obtaining evidence prior to the issuance of a floodplain use permit that all necessary permits have been obtained from those federal, state or local government agencies from which prior approval is required. Conditional floodplain use permits may be issued contingent upon receipt of other specifically identified federal, state or local government agency permits of approval; (3) Reviewing all floodplain use permits to determine if the proposed development is located in the floodway and, if located in the floodway, assuring that the encroachment provisions of this Article are met; (4) Requiring the obtaining and recording by a professional engineer or land surveyor of the actual elevation in relation to mean sea level of the lowest habitable floor including basement of all new or improved structures and whether or not the structure contains a basement; 5 Requiring for all new or improved floodproofed structures the following: O q g P a. Verification and recording by a professional engineer or land surveyor of the actual elevation in relation to mean sea level; and b. Maintenance of the floodproofing certifications required in § 10-37(3). I1 (6) Maintaining for public inspection all records pertaining to the provisions of this Article; (7) Notifying adjacent communities and the state Water Conservation Board prior to any alteration or relocation of watercourse and submitting evidence of such notification to the Federal Emergency Management Agency; (8) Requiring that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished; and (9) Making interpretations, where needed, as to the exact location of the boundaries of floodplains, for example, where there appears to be a conflict between the map boundary and actual field conditions. The person contesting the location of such boundary shall be given a reasonable opportunity to appeal the interpretation as provided by the variance procedure in this Article. (10) Requiring that the provisions of this Article be applied to any structure located in an area ofthe city not mapped as part o€FEMA's Vlood Insurance Study referred to in §10-19(a)and not included in any city designated floodpIain as established pursuant to §10-19(b),but in an area known to the Director to have experienced flooding in the past during base flood or to have the potential for flooding during"a base flood. Sec. 10-37. Fioodplain use permit. (a) A floodplain use permit shall be obtained from the Director before construction or development begins within any floodplain established in this Article.Application for a floodplain use permit shall be made on forms furnished by the Director and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the areas in question; existing or proposed structures, fill, storage of materials and drainage facilities; and the location of the foregoing. (b) The following information is specifically required: (1) Elevation in relation to mean sea level of the lowest floor, including basement, of all structures; (2) Elevation in relation to mean sea level to which any structure has been floodproofed; (3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in this Article; and 12 ( ) P Y4 Description of the extent to which an watercourse will be altered or • relocated as a result of proposed development. (c) The following information is also required for a floodplain use permit: (1) The signature of the owners of all property subject to the development request on the permit; (2) A written report showing to the satisfaction of the Administrator that the floodplain use permit may be issued in compliance with all criteria for approval; (3) A surface view plan showing elevations and contours of the ground; fill and storage elevations; sizes, locations and spatial arrangement of all proposed, anticipated and existing structures on the site; location and elevations of streets, water supplies and sanitary facilities; boundaries of all applicable floodplain, floodways and. product 'corridors in which the proposed development is'to be located; and cross section locations and base flood elevation contours; and (4) Specifications for building construction and materials, filling, dredging, grading, channel improvements and changes, storage of materials, water supply and sanitary facilities. (d) The Administrator may require the applicant to furnish additional information and details deemed necessary to evaluate the effects of the proposed construction upon the floodplain, including without limitation: (1) Valley cross-sections showing the floodplain surrounding the watercourse, cross-sections of the area to be occupied by the proposed development, and one-hundred-year flood maximum water-surface elevation information; (2) A profile showing the slope of the bottom of the channel or thalweg of the watercourse; (3) A floodplain analysis of the flood profile, elevation and velocity, using methodology acceptable to the city and FEMA, including existing and anticipated uses and making a determination that the proposed construction or development will not cause a rise in the elevation of the water-surface of the one-hundred-year flood; and (4) A structural analysis by a Colorado registered professional engineer showing that any proposed structures will be adequately designed and constructed to 13 prevent floatation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads,including the effects of buoyancy and scouring. (e) When reviewing the application for a floodplain use permit,the Administrator shall determine which portions ofthe floodplain are affected by the particular development request and then shall apply the provisions of this Article as applicable. The Administrator also shall determine whether the application meets the intent of this Chapter after considering the following factors: (1) The effects upon the efficiency or capacity of the conveyance zone; (2) The effects upon lands upstream,downstream and in the immediate vicinity; (3) The effects upon the one-hundred-year flood profile and channel stability; (4) The effects upon any tributaries to the main stream,drainage ditches and any other drainage facilities or systems; (5) Whether additional public expenditures for flood protection or prevention will be required; (6) Whether the proposed use is for human occupancy; (7) The potential danger to persons upstream,downstream and in the immediate vicinity; (8) Whether any proposed changes in watercourse will have an adverse environmental effect on the watercourse, including without limitation, erosion of streambanks and streamside trees and vegetation and wildlife habitat; (9) Whether any proposed water supply and sanitation systems and other utility systems can prevent disease, contamination and unsanitary or hazardous conditions during a flood; (10) Whether any proposed facility and its contents will be susceptible to flood damage and the effect of such damage; (11) The relationship of the proposed development to the Elements of the City of Fort Collins Comprehensive Plan and any applicable floodplain management programs; 14 (12) Whether safe access is available to the property in times of flood for ordinary • and emergency vehicles; (13) Whether the cumulative effect of the proposed development with other existing and anticipated uses will increase flood heights; and (14) Whether the expected heights, velocities, duration, rate of rise, channel stability and sediment transport of the floodwaters expected at the site will adversely affect the development or surrounding property.rtl• (f) If the Administrator determines that the applicant meets the purposes and requirements of this Chapter,the Administrator shall issue the permit and may attach such conditions as deemed necessary to further the purposes of this Chapter. (g) A permit issued after the effective date of this Article expires three(3)years after its date of issuance if the permittee has not started construction(see definition for Start of construction) under the permit. (h) No person who has obtained a permit shall fail to construct in accordance with their approved application and design. (i) An applicant for a floodplain use permit shall pay twenty-five dollars ($25.). If the . Administrator,pursuant to this Article,requires the applicant to furnish a floodplain analysis, the applicant shall pay an additional fee of three hundred dollars ($300.). See. 10-38. Variance procedure. (a) The Water Board, as established in § 2-436, shall hear and decide appeals and requests for variances from the requirements of this Article.Any final decision of the board may be subject to review by the City Council. (b) The Water Board shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Director in the enforcement or administration of this Article. Persons desiring to appeal a decision of the Director to the Water Board shall at the time of making such appeal pay to the Financial Officer a docket fee in the amount of three hundred dollars($300.).Written notice of hearing shall be given to the appellant at least three (3) days prior to the hearing by mailing the notice to the appellant's last known address by regular mail. The board shall from time to time adopt such additional rules and regulations as it deems necessary and advisable for the conduct of its hearings and for carrying out the provisions hereof. 15 (c) In passing upon such applications, the Water Board shall consider all technical evaluations, all relevant factors and standards specified in other sections of this Article and: (1) The danger that materials may be swept onto other lands to the injury of others; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the service provided by the proposed facility to the community; (5) The availability of alternate locations for the proposed use which are not subject to flood or erosion damage; (6) The compatibility of the proposed use with existing and anticipated development; (7) The relationship of the proposed use to the comprehensive plan and floodplain management program of that area; (8) The safety of access to the property in times of flood for ordinary and emergency vehicles; and (9) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site. (d) Upon consideration of the factors of this Section and the purposes of this Article,the Water Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Article. (e) The Director shall maintain the records of all appeal actions, including technical information,and report any variances to the Federal Insurance Administration upon request. Sec. 10-39. Conditions for variances. (a) Generally,variances may be issued for construction and improvements to be erected on a lot one-half('/z) acre or less in size contiguous to and surrounded by lots with 16 existing structures constructed below the base flood level, provided that all factors of the variance procedure have been fully considered. (b) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed individually on the National Register of Historic Places or on the state's Inventory of Historic Places or designated as a landmark under Chapter 14 of this Code without regard to the procedures set forth in the remainder of this Section. (c) If the variance sought under this Section would exempt the applicant's property from the application of any provision under this Article that is more restrictive than a comparable provision of the Federal Floodplain Regulations established in 44 C.F.R. Parts 59-78, such variance shall not be subject to the required finding of paragraph (h)(2)of this Section.. (d) If the variance sought is for property,located in a city-designated floodplain and not in a FEMA-designated floodplain,such variance shall not be subject to the required finding of paragraph(h)(2)of this Section. (ee) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (f) Variances shall not be issued for development within the product corridor of the Poudre;River Floodplain,as such floodplain is designated in§10-60. (dg) Variances shall only be issued upon the determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (eh) Variances shall only be issued upon: (1) The showing of good and sufficient cause; (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) A determination that the granting of the variance would not result in any increased flood heights,any additional threats to public safety or to public or private property, any, extraordinary public expense, any nuisances or trespass,caaseany fraud on or victimization of the public as identified in this Chapter, or conflict with existing local laws or ordinances. (fi) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base 17 flood level and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. Sees. 10-40-10-50. Reserved. DIVISION 3. STANDARDS FOR FLOOD HAZARD REDUCTION Sec. 10-51. General provisions for flood hazard reduction. In all floodplains, the following standards are required: (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure and capable of resisting the hydrostatic and hydrodynamic loads; (2) All manufactured homes shall be elevated and anchored to resist flotation, collapse or lateral movement and capable of resisting the hydrostatic and hydrodynamic loads. Methods of anchoring may include, but are not limited to use of over-the-top or frame ties to ground anchors. The following special requirements shall be that: a. Over-the-top ties be provided at each of the four (4) corners of the manufactured home, with two (2) additional ties per side at intermediate locations, with manufactured homes more than fifty(50)feet long requiring one (1) additional tie per side, b. Frame ties be provided at each comer of the home with five(5)additional ties per side at intermediate points,with manufactured homes less than fifty(50) feet long requiring four(4) additional ties per side, C. All components of the anchoring system be capable of carrying a force of four thousand eight hundred(4,900)pounds, and d. Any additions to the mobile home shall be similarly anchored; (3) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage; (4) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage; (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system; 18 O 6 New and replacement sanitary sewage systems shall be designed to minimize or • eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; (7) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; and (8) All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Sec. 10-52. General standards applicable to subdivision proposals. In all floodplains,the following standards for subdivisions are required: (1) All subdivision proposals shall be consistent with the need to minimize flood damage; (2) All subdivision proposals shall have public utilities and facilities,such as sewer,gas, electric and water systems, located and constructed to minimize flood damage; • (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and (4) Base flood elevation data shall be provided for subdivision proposals and other proposed developments which contain at least fifty (50) lots or five (5) acres, whichever is less. Sec. 10-53. Specific standards for floodplains. In all floodplains where base flood elevation data has been provided as set forth in this Article, the following standards are required: (1) If a lot or parcel lies partly within the floodway or flood fringe area, the part(s) of such lot or parcel lying within such area or areas shall meet all the standards and requirements of such respective area as prescribed by this Article; (2) Residential construction: a, y residential structure in an area:of special ood hazard,andit €tyfi{addhions tpr or sabstar�tial • 19 improvements'of,'such a structure `shall have the lowest floor, including basement, elevated to or above the regulatory flood protection elevation; b. Require within any AO Zone or areas of shallow flooding that all new construction, additions to, and substantial improvements of residential structures have the lowest floor, including basement, elevated above the highest adjacent grade at least eighteen(18)inches above the depth number specified in feet on the FIRM (at least two [2] feet if no depth number is specified); C. Require within Zones All md A Ga as of shallow flooding adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. (3) Nonresidential and mixed-use construction: a. New earistruetieft, or sebstwttial improvement of ttAny industrial ot other nonresidential or mixed-use structure in an area of special flood hazard, and any additions to,or substantial improvements of, such a structure shall either have the lowest floor, including basement, elevated to the level of the regulatory flood protection elevation or together with attendant utility and sanitary facilities shall: 1. Be floodproofed so that below the regulatory flood protection elevation the structure is watertight with walls substantially impermeable to the passage of water; 2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and 3. Be certified to the Director by a registered professional engineer or architect that the standards of this subsection are satisfied. b. Require within any AO Zone or area of shallow flooding that all new construction,additions to and substantial improvements of nonresidential or mixed-use structures(i)have the lowest floor, including basement, elevated above the highest adjacent grade at least eighteen(18)inches above the depth number specified in feet on the FIRM (at least two [2] feet if no depth is specified),andor(ii)together with attendant utility and sanitary facilities be completely floodproofed to that level to meet the floodproofing standard specified in this Article; 20 C. Require within Zones AH mid 2d03,ar1e;is;,,'6f":shallow hooding adequate • drainage paths around nonresr"deritiaI and mixd=use structures on slopes to guide floodwaters around and away from proposed structures. d. The owner of a floodproofed structure shall post and maintain written notices in conspicuous locations on each floor ofthe structure in such form,locations and numbers'as ace reasonably necessa�r to inform the occupants of the structure thaithe structure is floodproofed,and to identify the location of any equipment in the structure that requires human operation in order for the floodproofing to be effective. (4) Critical facilities.No new critical facilities shall be constructed in the five-hundred- year floodplain nor shall the existing use of a structure in the five-hundred-year floodplain be changed to a use that would be considered a critical facility. (5) Hazardous materials. No person shall store a hazardous substancematerial as such material is defined in the Uniform Fire Code adopted in Code§9-1 and as amended in§9-2,below the regulatory flood protection elevation for the area of the floodplain in which it is located,except for the storage of gasoline in existing and replacement underground in existing gasoline service stations and service garages, which tanks are designed to prevent infiltration and discharge into floodwaters and which are adequately anchored and shielded against rupture. Sec. 10-54. Manufactured home and recreational vehicle standards in floodplains. Mobile homes shall only be allowed when constructed in accordance with the following conditions: (1) Mobile homes shall be anchored in accordance with § 18-78; (2) For new and substantially improved manufactured home parks and subdivisions,for expansions to existing manufactured home parks and subdivisions,for manufactured homes not placed in a manufactured home park or subdivision, and for an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, the following requirements shall apply: a. Stands or lots shall be elevated on a permanent foundation so that the lowest floor of the manufactured home will be at or above the regulatory flood protection elevation and be securely anchored to an adequately anchored foundation system to resist floatation, collapse and lateral movement, b. Adequate surface drainage and access for a hauler shall be provided, and • 21 C. In the instance of elevation on pilings, lots shall be large enough to permit steps;piling foundations shall be placed in stable soil no more than ten(10) feet apart; and reinforcement shall be provided for pilings more than six(6) feet above the ground level; (3) No manufactured home shall be placed in a floodway except in an existing manufactured home park or existing mobile home subdivision; (4) Require that manufactured homes to be placed or substantially improved on sites in existing manufactured home parks or subdivisions that are not subject to the provisions above be elevated so that the lowest floor of the manufactured home will be at or above the regulatory flood protection elevation and be securely anchored to an adequately anchored foundation system to resist floatation, collapse and lateral movement; and (5) Require that recreational vehicles either: a. Be on site for fewer than one hundred eighty (180) consecutive days, b. Be fully licensed and ready for highway use, or C. Meet the permit requirements and elevation and anchoring requirements for resisting wind forces. Sec. 10-55. Standards for floodways located in floodplains. Located within floodplains established in this Article are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris, potential projectiles and erosion potential, the following provisions shall apply: (1) No encroachments, including fill, new construction, substantial improvements and other development,shall be permitted unless atechnical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge; (2) If such a technical evaluation demonstrates that encroachments shall not result in the increase of the flood levels,all construction and improvements shall comply with all applicable flood hazard reduction provisions of this Article; (3) No placement of manufactured homes except in an existing manufactured home subdivision shall be permitted; and 22 (4) No person shall change the use of an-existing nonconforming structure from a nonresidential use or mixed-use to a residential use nor shall any person change the use of a nonconforming structure or conforming structure to use as a school day ea re critical facility. DIVISION 4. POUDRE RIVER FLOODPLAIN Sec. 10-60. Designation of Poudre River Floodplain. In accordance with§10-L9(b),thePoudre River Floodplain Study,a copy of which is on file with the Office of the City Clerk, is hereby adopted by reference and declared to be a part of this Article. The boundaries of the floodplain, floodway and product corridor of the Poudre River Floodplain shall be as delineated in the Study,except as hereinafter modified. The boundary of the floodplain,floodway andproduct corridor,as established inthe PoudreRiverFloodpiain Study,may be modified.by the Director if,in his or her judgment,such modification is reasonably necessary to comply with the purposes of this Article Iand to adjust such boundaries as established by the most recent and reliable engineering and scientific studies. Any such modification approved by the Director shall be filed in the Office of the City Clerk. Sec.10-61. Specific standards for Poudre River Floodplain. In addition to complying with all other applicable provisions of this Article,all development • in the Poudre River Floodplain,as such floodplain is designated by §10-60, shall comply with the following applicable provisions unless removed from the floodplain in accordance with §10-62. If there is any conflict between any of the following provisions and any other provision of this Article, the more restrictive provision shall control. (1) Property location. If a lot or parcel lies partly within the floodplain;the part or parts of such lot or parcel lying within the floodplain shall meet all applicable standards and requirements of this Article. (2) Residential construction. a. New construction.: Construction';of new residential structures is prohibited in the floodplain,floodway and product corridor.. b. Additions. Additions to residential structures in the floodplain floodway and product corridor are Iprohibited: C. Substantial damage;;;Any rgsideilfiat;structure mthe floodvi!ay or product corndor that has suffer"a' 4 stibstarittaf`lama ge;; ;IIot be ieconstiv4te"d • 23 d Redevelt}pment l q €ipmentaiar�sideatiaUstittcture nthefloodwayor product corridorisq,"bited. e. Elevation,requirements. 1. Any substanttalrysimprovement'to a residential 'structure in the floodplain floodway or product corridor which is not.otherwise prohibited by thus Divisi:a,:4 ,shall have:the lowest floor' of:the structure,including any basementor crawl space,elevated to or above the regulatoryy,flood protection;elevation. 2. Any existing residential structure located in that portion of the floodplain outsideof the floodway and the product,comdor that has suffered subsfaafial danxage may Abe recaps tvcbed,provided that the lowest flops of lh structuremuicluding any basement or crawl space, is elevated fti ot,above the regulatory flood protection elevation. 3. If an existing residential structure located in that portion of the floodplain outside of the floodway and the product corridor is redeveloped,the lowest floor of the redeveloped structure,including any basement or crawl space, shall be elevated to or above the regulatory flood protection:elevation. (3) Nonresidential and mixed-use construction, a. New construction. , 1. The construction of new nonresidential structures is prohibited in the floodway and product corridor. 2. The construction of new mixed-use structures is prohibited in the floodplain, floodway and product corridor., b. Additions. 1. Additions to nonresidential structures in'the floodway and product corridor are"ptol#ibited. 2. Additions to muted-use structures in the floodway and product corridor are prohibited A} tipAsto a ngxo use structure thatresult sn any of th dential uya of 4the s are protubitedtlt portzouo f tltcbfl .. outside the floodway and produC4l `o �do°r. 24 • C. Substantial damages. Any nonresidential or muted-use structure ia,the floodway or product corridor that has suffered substantial damage,shall,not be reconstructed. d. Redevelopment. The redevelopment of,a nonresidential or mixed-use 1 . structure in the floodway or product Corridor is prohibited: e. Elevation and floodproofing requirements. 1. In an area of special flood hazard, when construction of.a new nonresidential structure, any addition or substantial improvement to an existing , nonresidential or mixed-use structure, j or..the redevelopment oij a nonresidential o> i,,i*64use stt .Oo ll­O is pemaittedby thus Division 4,the strtucture,s l a#tl erM 'tfre m` ` st floor,including any basement or crawl's uted t� tlie le its Aof the regulatory flood protection elevation or.' together with ',arty attendant utility and sanitary,facilities,the structure shall: (i) be floodproofed so that below the regulatory flood protection elevation the structure is water tight with walls substantially impermeable to the passage of water; (ii) have 1,structural components capable of resisting hydrostatic''and hydrodynamic loads and effects of buoyancy; and (iii) be certified to the Director by a registered professional engineer or 'architect that the standards of this subparagraph I. are satisfied. 2. In the event that construction of a new nonresidential structure or any addition, substantial improvement to, or redevelopment of an existing nonresidential or.`mixed-use structure is permitted by this Division 4;and the'struchrre i11 located or is'to b&Iodate&in the AO Z' '6 as,shd n on tine FIRM,the structurtr.shallhaveduel�owest floors unatudmg any basement or crawl�space,'oletwated!uboa� t �rglre !at#,l�eriti gradeatleasttwerity-four(�4�ineltosa ,edeprtt�ttrer specified in feet oittle FIRM(at Ieast twofc is no depth is specified), or tageduer with any te#idagt {futility and sanitaryfaeilrty„1prpleteft#lttodprn 3 evel.and meet the follosvmg,sriidrtional�fiaat#, Prno „ gsds 25 tataadproaf wacll substant' �.ruliermeaf . passage wof water; (ii) have structural components capable of resisting hydrostatic and Hydrodynamic`loads and effects of buoyancy;and (i ) beeertifedtothe)3txecctorbyaregstercdpro essional engineer ox arch ct.that the standards •df this subparagraph 2.'axe satisfied. 3. With respect to any construction of a new nonresidential structure authorized underthis Division 4 and any addition or substantial 2nmprovement` to an existing nonresidential or mixed-use structure withm areas of shallow flooding,that is authorized under this I3nvrsiort4, adequate.drainage paths around such structuresoit slopesto guide tlo'od waters around and away from them shall be required. 4. The owner of a floodproofed structure shall post and maintain written notices in conspicumis locations on each floor of the structure in;such form-;locations and members `as are reasonably necessary to fiform the occupants of the structure that the building is floodprdofed and to identify the location of any equipment in the-;'structure that requires human operation in order for the floodproofing to be effective. (4) Manufactured homes and recreational vehicles. a. A manufactured home shall not be placed in the floodplain,floodway or product corridor. This provision;shall not apply to manufactured homes placed in the.floodplain, fioodway.or product corridor on or before July 1,2000 b, Any recreational vehicle located on residential'property in the floodplain floodwny or product corridor shall be.fiilly licensed and wady for highway use at alb=times when located on ,..._ -property. , 26 pe►7mfted mthe floodwa�and the ticor��1 �� m the base flood elcvatipxt and scG ��a �w. r x comdar'-ate on the muunig;°`site tilt 'bt fy fora f r �ifttk based onfili from FEMA shall not be considered'ari exemption'&oni't}iis prolribition (6) Floatable materials No person shall:temporarily Q , entry store any flaatable material on nonresidentxaI:pmperty,tltat 1s,loeated '2the floodplaln� flrmdwa {.ot productoorridor;pmvided,howevei,thatnonrestdential-properfesiutiefloadplain floodway or productcorridor having ttaatable tnaterialsstoredoii 1i 6ni prior to 3uly 1, 2000, shall be permitted to continue to have fTpa le materials stored on them until the earlier of 7uly 1, 2002;wlen there is any ichange in use`of the property; when'anew structure is constructed on the property;or when therein any addition to or substantial improvement of any existing structure onthe property. (7) Dryland;access. In the event that the construction of anew attttctute br additiori.to or substantial impracrenieitr of an eXisting stmcttao=is ptrniirrtted.utder this Division 4, dryland access shall be-provided for such structure. (8) Floodway modifications. Floodwaymodification is prohibited unless it is made in connection with the development of public infrastructure or, publicly-owned recreational facilities,or unless it is reasonably necessary in connection with the use of property for mining; provided,however,that aciy"such modification for mining • shalI only occur on the property being mined, and if any property is removed 16ini the flaodway or product corridor because of such utodtficahoa for uuthiing; the property so removed shall not thereafter be used for the'construction ofany structure upon it. Sec. 10-62. Removal of property from floodplain. (a) Subject to the provisions of paragraphs(b) and (c) of this Section and any permit requirements of this Code or the city's Land Use Code, property located in that portion of the floodplain outside the floodway and product corridor may be removed from such floodplain area if one(I).of the following conditions is satisfied: (1) FEMA has issued a letter of revision,re moving theipioperty from.the floodplain solely as a result d .the consfruetrois;afstorm je4improvern6uts "nsgeP identifiedint .city'sPouitrteRiverMastea (a ;pr (2) FEMA has issued aletter of M.a 'revision based an$ll retuoying the property from the flaadplauy and arieast fiftee �r1Sj, iereent .off the property's bound, ry,is cdntiguons to prtipetEY outsi 4 op �ur is dryl "d access on the,Property, and,,WpM is dry a „ . .., w 27 T' Jt .Y tG e• i 4*i} as; '�2 f r pubely tarrtd street or and sfcifandIY %t tpad w . �,. .r . notte flooded liy`a base flood. (b) If the property removed from the floodplain pursuant to paragraph(a)of this:Section remains in the five-hundred year floodplain after such removal,any development on the property shall comply,with all requiremen%'and prohibitions of this Article pertaining to the fivr hundred yea�466dpl'ain (c) Ifpropertyisremoveditom the tloodpTaininacecsrdanee with paragrplt(a)(2}ofthis Section,arty struetiue built or existing on such;property must have the lowest floor of the structure, including-any basement or,crawl space, elevated to or above the regulatory flood protection elevation. Seca 10-61 Uses allowed in floodplain,floodway and product corridor. Non-structural uses,public infrastructure and recreational facilities shalt-lit'4llowed in the floodplain, floodway and product corridor, provided that such_'uses comply with all applicable provisions of This Article and provided that such uses are otherwise permitted by the crty's applicable zoning andland-use laws and regulations. Redevelopment and substantial improvement 6f6diting residential structures shall be permitted in those portions of the floodplain outside the floodway and product corridor,provided that such structures are otherwise permitted by this Article and the city's applicable zoning and land-use laws and regulations:'New.nonresidentiaT structures and additions; substantiai improvements to and redevelopment of,existingnonresidentialand mixed-use structures shad be permitted in those portions ofthe floodplain outside thefloodway and`groduct corridor, provided thattt such structures are otherwise permitted by this Article and`the city's'applieabTe zoning an land-use laws and regulations. The rehabilitation o£residential,nonresiden&ai.aad mixed-use structures existing as of July 1, 2000, in the floodplain, floodway and product:corridor shall be permitted, provided that all the substantial improvement requirements of this Article are satisfied and provided that the regulatory flood protection elevation mandated by, such substantial improvement requirements shall be not less than twenty-four (24) inches above the base flood elevation.` Sec. 10-64. Takings determination. Persons who claim that their property has been taken by reason of the application of any provisiartd€this Division 4.shall€ollowilie takings detemunation provisions ofi)ivrston2.I Iofthe city,s Land Use Code before instituting anyiudieialpiroceeding againsC the city eIaumt►g`aYaking of their affected property. 28 RESOLUTION 2000-81 • OF THE COUNCIL OF THE CITY OF FORT COLLINS DIRECTING THE CITY MANAGER TO PURSUE THE ACQUISITION OF CERTAIN PROPERTIES WITHIN THE POUDRE RIVER FLOODWAY, PRODUCT CORRIDOR AND FLOODPLAIN WHEREAS, the City Council has approved on First Reading Ordinance No. 71, 2000, making certain amendments to the City Code which will impose additional regulations (the "Regulations") on real properties in the City that are situated within the Poudre River floodway, product corridor and floodplain, as those terms are defined in the Regulations; and WHEREAS,the purpose ofthe Regulations is to protect such properties from damage during flooding and to protect the safety of persons occupying such properties; and WHEREAS,the Regulations will generally prohibit all new structures within the floodway and the product corridor; and WHEREAS, the Regulations will permit commercial and industrial development in that portion of the floodplain that is outside of the floodway and the product corridor,but will prohibit the construction of new residential structures in such area; and • WHEREAS,there are currently a number of structures within the floodway,product corridor and floodplain that would be prohibited under the new Regulations referenced above (the "Nonconforming Structures"); and WHEREAS,in order to more fully protect the property and lives of the residents of the City, it would be desirable and in the best interests of the City if the City were able to acquire such Nonconforming Structures and remove them. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Manager is hereby directed to actively pursue the acquisition of the Nonconforming Structures referenced above on a"willing seller,willing buyer"basis,subject to the appropriation of the necessary funds for such acquisition, giving priority to those Nonconforming Structures in the floodway and product corridor. Section 2. That nothing herein shall be construed to preclude the City from exercising its power of eminent domain at such time, if at all, that the City Council determines that the acquisition of any of the Nonconforming Structures is necessary in the public interest. Passed and adopted at a regular meeting of the City Council held this 6th day of June,A.D. 2000. Mayor ATTEST: City Clerk RESOLUTION 2000-82 • OF THE COUNCIL OF THE CITY OF FORT COLLINS DIRECTING THE CITY MANAGER TO DEVELOP ADDITIONAL FLOODPLAIN REGULATIONS FOR ALL STORM DRAINAGE BASINS OF THE CITY AND TO TAILOR SUCH REGULATIONS TO THE UNIQUE CHARACTERISTICS OF EACH SUCH BASIN WHEREAS, on this same date, City staff has proposed to the City Council certain amendments to the City Code imposing regulations on development in the floodway, product corridor and floodplain of the Poudre River Basin; and WHEREAS, City staff intends to develop for Council's consideration additional proposed floodplain regulations for the other storm drainage basins in the City; and WHEREAS, the Poudre River Basin is unique in several respects; and WHEREAS,concern has been expressed by certain residents of the City that the floodplain regulations that have been proposed for the Poudre River Basin may be more restrictive than would be necessary for the other storm drainage basins in the City; and WHEREAS, each such storm drainage basin has unique characteristics that will determine the kinds of regulations that are appropriate for such basin; and WHEREAS, the City Council believes that it is important to clarify that the floodplain regulations proposed for the Poudre River Basin are not necessarily the same kinds of regulations that will be appropriate for other storm drainage basins in the City. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager is hereby directed to develop additional floodplain regulations for the various storm drainage basins in the City, and that such regulations should be tailored to the unique characteristics of each such basin, even if the same may differ significantly from the regulations approved by the City Council for the Poudre River Basin. Passed and adopted at a regular meeting of the City Council held this 6th day of June,A.D. 2000. Mayor ATTEST: City Clerk • Poudre River Floodplain Regulations Outreach Comments Summary Confusion over mixing 500-year product corridor and 100-year floodplain/floodway and uncertainty on which is the better level of risk to strive for. Concern over the accuracy of the 500-year product corridor. An accurate means to define the product corridor would be with 2-demensional modeling. The 500-year product corridor is a good measure of the risk associated with floods. - Use the 500-year product corridor to define the corridor to be regulated and enforce it with the 100-year 0.1-foot floodway since there is set criterion and standards associated with it. Fill associated with public infrastructure,natural resources, and parks and recreation should be allowed as long as any impacts are mitigated. Existing regulations, Option A, are adequate and shouldn't be changed. The Federal Emergency Management Agency minimum criteria should be adequate and should be considered an option. Concern the FEMA regulation column wasn't included in the matrix that included the B-1 Option. The definition of residential states: any structure or any portion of a structure that is used for, or designed to be capable of being used for, the temporary or permanent domicile of persons, including without limitation a dwelling, a boarding house, a • hotel, a motel and similar used structures. Commercial is defined as any non-residential structure used for office, commercial, business, educational, public, industrial or governmental purposes. Keeping residential development out of the floodplain is a good idea. Keeping residential development out of the floodplain, you are removing cheap land from affordable housing projects. Allowing commercial in the floodplain is an acceptable risk. All drainage basins in the city should be considered at the same time and not just the Poudre at this time. - Concern on what is done with the Poudre River will set a precedent for all the other basins. The product corridor criterion seems to be a land use regulation and could be enforced under the land use code. It's inappropriate to include information on the draft Poudre River Master Drainageway Plan since it's only a draft document. It's appropriate to include information on the draft Poudre River Master Drainageway Plan since it shows the potential for improvements to address flooding on the river. All the water supply reservoirs built in the basin will reduce the peak of floodwaters on the river in the future. Option C is an appropriate option to adopt since developing in the floodplain has risks associated with it. Support for the original technical staff recommended option. - Option 13-1 is a good option since it balances risk with allowed encroachments. I Vegetation along the river corridor, if left unabated, can cause increased flood heights. Since death in cars is a concern,design criteria from bridges should be such that over topping doesn't occur. Concerns over the financial impacts it would have on property owners,both with existing developed properties and with future developments. In"City Plan-Policy PRC-4.4 Development in the Floodplain"states that protecting the floodplain is a goal and should be carried out to the"extent feasible", and identifying allowed development in the floodplain defines "extent feasible". In regard to Option's B and B-1, residential structures are not allowed to have additions in the floodplain. The Buckingham neighborhood is in the floodplain and will be removed with the berm on the Oxbow site as identified in the draft master drainageway plan for the Poudre River. If adopted, should there be provisions to allow such additions if there is no effect on water surface elevations until the improvements are made. Since no new structures are proposed with gravel mining, it should be an allowed activity in the river corridor. - Enforcing the regulations should be with the most accurate floodplain delineation possible. Areas that are being mined at this time will need to have the floodplain delineated after mining is completed to determine the final regulatory limits. Options B and B-1 don't allow residential structures in the floodplain. This provision would prohibit multiple use structures having commercial uses on the lower levels and residential uses on the levels above the commercial. Option 13-1 is the right option with the inclusion of remodels, additions, and new development language from option C. The inclusion of remodels and additions from option C is in essence down zoning the property. - The berms or levees along Lemay and in the Oxbow site should be constructed as soon as possible and should be cost effective and done in such a way to not impact property either upstream or downstream. - Capital projects should not be done to take undeveloped property out of the floodplain so it can be developed. - Building capital projects to protect existing developments in the floodplain is not a good idea. - Concern with the inclusion of retail facilities with hazardous materials in the definition of critical facilities for the B-1 and C options. - Ensure there is a right use or mix of funds to fund flood protection acquisitions. - In determining the value of property for the purchase from willing sellers,the value should be determined based on pre-new floodplain regulations. - Prevention is better now,than trying to correct it later. 2 OPEN HOUSE TALLY SHEET Poudre River Floodplain Regulations Open House Comment Sheet April 3.2000 NOTE: The number after each item represents the number of times that item was chosen on the comment sheets based on 124 returned comment sheets. 1. To what level of risk should the City regulate development? (circle one) a. the 100-year flood 49 b. the 500-year flood 67 2. The floodway width should be based on: (circle one) a. 0.5 ft. rise 30 b. 0.1 ft. rise 17 c. floodway= floodplain 73 3. Should new residential development including additions be allowed in the: 100-year floodway(if it is able to show no rise)? a. yes 23 b. no 98 100-year floodplain? a. yes 24 b. no 93 500-year product corridor? a. yes 33 b. no 79 4. Should new commercial development including additions be allowed in the: 100-year floodway(if it is able to show no rise)? a. yes 27 b. no 91 100-year floodplain? a. yes 27 b. no 86 . 500-year product corridor? a. yes 36 b. no 71 5. Should remodels to existing structures be allowed in the: 100-year floodway? a. yes 38 b. no 75 100-year floodplain? a. yes 62 b. no 52 500-year product corridor? a. yes 68 b. no 43 6. How high should structures be built above the 100-year flood elevation? (circle one) a. 1.5 ft. 22 b. 2 ft. 16 c. 3 ft. 3 d. 2 ft. or the 500-year flood level, whichever is higher 71 7. Should retail facilities (grocery stores, convenience stores, discount stores, etc.) that have hazardous materials (paint, oil, detergent, etc.) on site be allowed in the 500-year floodplain? a. yes 27 b. no 94 8. Do you think there should be a new funding source for property purchases from willing sellers? a. yes 97 b. no 20 9. Which Floodplain Regulation Option do you like the best? • a. A 20 b. B 8 c. B-1 19 d. C 69 10. Why did you choose this option? Or please provide us with any additional comments. See Attached Comment Sheets • Open House Comments 1. Yes, on Qption C! 2. If we have another event like the '97 Flood, and lives are lost,we have FAILED as a community. We must be conservative when health and safety are at stake. 3. Yes, on Option C! The most logical and cost-effective place to store our floodwaters is in our floodplains. Don't compromise their function by allowing development or fill in the 100-year floodplain. 4. The product corridor(500 year) defined by ft/s (flow) x fl(depth) = 6 (danger zone red on map) is where an adult(CSU student) cannot stand. There should be a"margin of safety" to account for children 6-8-10 years or lesser able-bodied of any age. Consider a product corridor of 2 or 3 to allow a safety margin. Why aren't you using little children as the gauge? 5. Option C is the most visionary for a quality life for this community. The Poudre corridor is a limited commodity with high values for future generations. Above and beyond the immediate moneys to be gained by a limited few for development. Once developed—gone forever. Also best for ecosystem functioning,public safety and prevention of property loss. 6. Option A is the best and most reasonable option. The current regulations meet or exceed all Federal requirements already. There is no reason to punish and restrict present property owners by making the regulations more restrictive than they are now. 7. Yes, on Option B-1 or C. 8. Option C—Public safety is compromised with anything less. 9. Error on the side of safety for small and large people and animals. 10. "Product Corridor"is not descriptive of the intent of the calculations. They are defining flows that cause Loss of Life! Say it like it is! 11. Option B is fine! Keep this floodplain project to be less restrictive. Lots of ground can be built on! Public safety is our prime concern,but the 100-year floodplain is strict enough. We might need some land for future use. There hasn't been any dangers of floods on Linden in 100 years. Just so we aren't getting ourselves boxed in by politicians and environmentalists who are too nuts and trying to stop all growth. 12. Option B-1 It seems like the safest, most realistic of the choices. 13. Option C There shouldn't be commercial building allowed in the 100-year floodplain. No fill either. 14. Go with C! (or I could live with B-1) Critical Facilities must be the B-1 /C standards—no hazardous materials. Mobile Home Parks must not be allowed in the floodplain. Additions must not be allowed in the floodplain. 15. Option C We need to reduce development in floodplain and restore developed areas. No subsidized development projects on the river. 16. Option C This is the safest option throughout time. The area will never be able to be reclaimed again if development is allowed. 17. Option C As a homeowner affected by the 1997 Flood, I know the loss and impacts which continue today. We should be very cautious. Floods cause devastation, enormous public cost. We should error on the side of caution. Fifty years form now we will celebrate full protection of the river. 18. Option C Safest. Most rational. Most protective of future needs. 19. Option C 1997 shows the best engineered flood mitigation doesn't insure lives won't be lost. Keep people out of the floodway& floodplain. 20. Option C I feel that the other options do not consider the safety of the community and environment. We should treasure this area as a habitat to be maintained. Development can work around the prowess of nature or be destroyed by it. Please allow compensation for private landowners affected. 21. Option C After looking at the expense incurred, resulting from ignorance, in the Canal Importation District, WHY are we subjecting the Public Treasury to future development within any floodplain. Buy out properties is less expensive than fixing them! 22. Option C Because most restrictive. 23. Option C Whether residential or commercial, flooding ultimately costs me money as a taxpayer. Developers put in the problems, sell them and stick the succeeding owners with the problems. 24. Option A Like the existing system. Need more staff to answer questions. 25. Option C We don't have enough data to accurately predict the 500-year Product 6 area. Actual 500-year flood conditions can vary from those assumed. A"500-year flood and 1,000-year flood"have occurred in the past 100 years. 26. Option B-I I did not pick C: What happens to property values and the ability to resale when remodeling is not allowed? The result will be declining neighborhoods and rich lawyers/appraisers. 27. Option C *No Development in floodplain. I lived for 4 years at#2 Johnson Mobile Home Court so I know what a flood can do! FTC should learn from this. *No amphitheater in oxbow area—unsuitable location. Reclaim the Poudre to a natural state. Linden, Willow, Lincoln streetscape improvements to great a scale $ compared to others. 28. Option C I don't believe there should be any development in the floodplain—didn't we learn anything? It's like a water balloon—if you raise(fill) somewhere, it just directs the water elsewhere—don't mess with Mother Nature! 29. Option C Least damage to the river and most safe for human beings. 30. Option C Number 1 priority is safety of individuals at all times—before and after changes are made. Number 2 priority is to protect natural areas and wildlife. 31. Option C Except, protect existing homes and businesses and allow them to remodel. 32. Option B-1 I feel it important to protect lives and the environment in the event of a major flood. If development is hindered in the area, fewer people would be impacted. It also protects riparian habitat and recreational enjoyment. 33. Option C Primarily for the preservation of the natural floodplain. Except in the case of remodels with protective measures. Comment from #8 Yes, Purchases should be made first from floodway owners . 34. Option A Because it allows/respects landowners rights! To pass a floodplain reg that changes use/values of landowners will bring on more litigation. 35. Option A I prefer that the channel be increased to accommodate more water and the size of the floodplain reduced. Many cities with flash flood problems have done this. There is no need to condemn several thousand acres of land and burden the owners with severe restrictions. The environmentalists won't like this idea. Create a citywide Special Improvement District for flood control and create large enough channels to handle the excess water. Limit these restrictions to the Poudre River. 36. Option C I disapprove of any development in the floodplain for two reasons: 1.) In my opinion it is stupid to build in a floodplain especially within 100-year floodplain. 2.) The Poudre is an exceptional resource to the city which would be ruined by additional development along it's banks. 37. Option C I think the 100-year and 500-year flow estimates done by the Corps are too high. 38. Option C I agree with City technical staff and citizen task force that no new development should be allowed to protect citizens and businesses from damage which will ultimately occur in a 100-year flood. I'm tired of the city subsidizing infrastructure,paying for emergencies and making repairs. Avoid the hazards. • 39. Option A Regulations not overly restrictive and based on original ideas that have merit. Structures and development already built using these parameters. Safety for residential development more dire than commercial due to habitation. 40. Option C Floodplains should function as nature intended. It's a safety issue. 41. Option C Would like to protect from extreme floods. The threat to property and life is not to be taken lightly. I do believe that property values should be taken into account with a buyout at FMV. We do not need massive development within a floodplain. There is a reason why a floodplain exists to begin with. Let us learn from the communities who have made mistakes,not from our own mistakes. 42. Option C It prepares for catastrophe while allowing the ecosystem to reestablish itself. 43. Comment to#8 Yes,purchases should be made first form floodway owners. 44. Option B Flood control measures can be taken with costs derived from tax revenues from developments in floodplain. Do Not prevent viable existing commercial and industrial uses from expanding! 45. Did not choose an option—All options are the same except for wording. 46. Option C I work with the Red Cross and have seen flood devastation many times, often caused by large facilities in floodplains that displace tremendous amounts of water and devastate areas downstream that otherwise would have been spared the full extent of the damage. 47. Option C Best for public safety and loss of property. Also the most visionary in preserving the riparian and floodplain corridor. The front-range is losing this limited resource quickly. Once developed it is gone. This is a golden opportunity to create a legacy for the future citizens of the community. 48. Option C No development in the floodplain. Nada! No Way! Not acceptable! 49. Did not choose an option—Let landowners be responsible. There should be minimal government involvement in business decisions. 50. Option C If in doubt, go with the more restrictive. Very difficult to UNDO Development. 51. Option C Why can't we just have a river? The river data shows that water/ flooding is a problem—why not prevent it? 52. Option A Supports question# 2 (The floodway width should be based on: a. 0.5 ft. rise.) 53. Option C History will repeat itself unless we keep the floodplain free from development. Option C will save us (taxpayers)money in the long-run, even if we buy out existing properties to prevent development. 54. Did not choose an option—I am unclear as to all the details of these plus I need to review the options at longer length. . 55. Option B-1 Please don't build anything in the area north of the river between Linden and Lincoln. Please observe the 200' and 300' buffers. Please protect the people of Buckingham . 56. Comment with question#8 Yes. Do not use natural area monies. Do not pay excessive amounts to bail out landowners. 57. Option C I think we should be conservative of life and property and I think we should protect as many wetlands and natural riparian areas from developing as possible. 58. Option B-1 Because it accounts for the businesses and owners. I think option C is probably best but where does that leave the people whose livelihood is in the floodplain? 59. Option A A lot of people including myself have invested heavily in time and capital under existing regs. Making greater restrictions jeopardizes these investments. If property purchase at a value equal to what `fair market' would be under existing regs.,then I could consider favoring greater restrictions. The handouts refer to property purchase as an "option." Whose option? How would it be implemented? How would it be funded? How would appraisals be accomplished? 60. Option C No development in the floodplain! 61. Option C Safety of people. Flood management structures may fail. 62. Option C With the rate of development in Poudre River watershed in general, I believe that any development in the floodplain would be severely detrimental for stormwater management. The 500-year floodplain appears to be the last bastion of the natural hydrology of the watershed. 63. Option C 500 years could be next year! Remember—the true definition of a river includes the area of the floodplain. Good planning =prevention of future problems. 64. Option C We should learn from experiences of other cities/areas and not develop in the 100 year floodplain. 65. Option C Don't build in the floodplain. 66. Option C Because common sense dictates that developing anything in the floodplain is not an intelligent idea. We have 200 years nationwide of deaths, disasters, loss or damage to property to serve as examples. Let's not repeat history. 67. Comment for question#8 Yes. And this source should be earmarked for these purchases specifically. 68. Option C Floodplains have a vital function and must not be further degraded. We have already lost roughly half of our nations floodplains—let's not lose anymore! 69. Option A The risk is so small that the cost is reasonable. Any infered higher risk is associated with no growth sterility. 70. Option C We should allow the river to flow in its most natural state but "Grandfather in" existing structures to allow current property owners to take their own risks. 71. Option C Why risk the lives of others by creating development in flood areas? Why ruin our already beautiful, natural Poudre River by building more junk like Walmart, amphitheaters,parking lots etc... Leave it alone! 72. Option C Allow no in-fill to raise structures above floodway. This creates more chaos (depth, current shift, current speed,deposition) above and below. Also, you'd need access to such structures (meaning causeways)—which mean little dikes and diversions running everywhere, further confusing the currents and hazards. Keep the river( i.e. Floodplain at least to 100 year level) as natural as possible, with no permanent encroachments. Give us: A.) A safe floodplain,where floodwaters can disperse naturally and quietly—as natural, wooded floodplains do so well. B.)A green corridor where city residents and visitors can recreate in ways naturally compatible with the river habitat. What a showcase this could be! 73. Option B Rational balance of economics,reality, and sentiment. Why are cemeteries critical? The occupants are dead! 74. Option B-1 I don't want any building in any floodplain. Period. 75. Option C Development won't be slowing down. Many of us are realizing the need for preserving what is left of unique natural areas. In the past 100 years we have lost water, grasses, animals. The Front Range attracts people due to its uniqueness and natural areas. If not careful, we will loose this area to pavement and buildings and wonder how we lost what is here. If we don't take the steps now, it will only be more expensive and probably impossible to retrieve what we lose. There is money to be made in many ways. Please not at the expense of the river and our ability to preserve its vital surrounding area. 76. Option C We continue to ignore the lessons of the past and continue to put people in harm's way- all in the name of money—This is a public safety issue! The river is going to go where it wants to—let it - and get people out of the way. 77. Option B-1 500 year affects such a huge area of already developed land. 78. Option C Extreme flood events are occurring at more frequent intervals than a 100-year flood for example, is supposed to occur. As Fort Collins grows ever larger and impervious surface increases in the 21g`century,the likelihood of these extreme flood events recurring even more frequently is high. Between 1864 and 2000, the charts show the Poudre River discharge was in excess of 100-year flood on 3 occasions. Should have been 1.5 times approximately. • 79. Option C I believe that we as a community should discourage development in 100 and 500- year floodplains. Floodplains should remain or be restored to wetlands and other forms of natural open space that actively absorb and deal with an increase in water flows. When these areas are developed and surfaces are hardened, the result is an increase in water runoff resulting in greater flood damage. I also feel that by prohibiting development in floodplain areas and that by leaving or restoring floodplain as natural areas/open space, the community will receive a greater quality of life. 80. Option C Encroach on the river will only lead to the potential for more debris and hazardous runoff from developments. 81. Comment from question # 8 Yes. If it is for more open space. 82. Comment from question# 8 Yes. If it is for more open space. 83. Option C I feel that both protection from flooding and the protection of existing riparian areas are important. 84. Option C I don't like people who buy property, knowing of the threat to public safety and welfare from floodplain construction, then belly ache because they can't build or do build and aren't bailed out with public funds when flooded out. 85. Comment from question# 8 Yes. If it is for more open space. 86. Option A Most reasonable in light of real flood potential and consequences. 87. Option C I would like the area within the 500-year floodplain to be relatively open but could be accessible to the public; and area that is compatible with the urban environment. I do not want commercial or residential development, but I would accept parks and recreational structures. I would begrudgingly support an amphitheater, but I'm concerned about excessive space given to parking. I am not confident that the 500-year floodplain really is that. We got clobbered three years ago—was that really a freak event, or have people mislabeled the area? I would like plans to reflect caution—the area in question may well be more vulnerable than we think. 88. Option A Flood conditions can be mitigated by several methods. 500-year risks are usually beyond the useful life of structures in place. Gradually acquiring properties should be considered. 89. Option C We must aggressively keep all new development out of the 100-year floodplain and the 500- ear floodwa especially, the latter. Y Y P Y. 90. Comment from question# 8 Yes. Maybe,but isn't stormwater and natural areas enough? 91. Option A I see no historic or statistical basis for more restrictive regulations at 100-year. I • do not see that risk reduction analysis shows savings and economic development potential is highly impacted. Future gravel mining—God placed the rock for concrete and asphalt in the river!! Exceptions for existing conditions that differ from published maps? 92. Option C Have been through four major floods most of which caused by alteration of old waterways to allow development of which (?) little consideration as to potential of overwhelming flood consequences at time development allowed. People have forgotten potential for disturbing natural paths of water and water will and has ultimately outwitted us! 93. Option C Fort Collins still has a chance to avoid development in risky areas—do it now or the opportunity will be lost. 94. Option B I think this is a step in the right direction. Not too restrictive but lots of common sense! 95. Option C It's time to get people out of harms way and keep them out of the floodplain. The floodplain is far more valuable as a natural resource then as a developed resource. 96. Option C Didn't we learn anything from the 1997 Flood?? No development in floodplain/ floodway areas. No amphitheater—not fair to Buckingham residents. I saw a TV show about the levies on the Mississippi, they caused more damage than they protected. The floodplain should be a"sponge"to absorb floodwater. If developers scream because they are not allowed to build on their land, think how loudly they'll scream for money when their business is flooded. If they were dumb enough to buy potentially floodable land— tough. 97. Option B-1 B-1 is more in tune with open space development for the natural resource systems in the corridor. In addition financial damage from flooding can be mitigated while also preserving health and safety. 98. Option B-1 Building in a floodplain of any kind is foolish. A 500-year flood of 25,000 Us on the Poudre would be catastrophic. We should not take the possibility of it occurring lightly at all. Could we afford to pick up the pieces after a disaster like that? 99. Option C The City needs to continue to secure open space for the future. We must show respect for our beautiful river. Fort Collins is the first city the Poudre contacts as it leaves the mountains. Fort Collins owes its very existence to the river. We should respect and enjoy it,not just profit from it. 100. Option B-1 Most reasonable regulations with responsible prevention of loss to individuals, businesses and taxpayers. 101. Option A Risk is not great enough to increase regulations. 102. Option B-1 Seems to provide a reasonable balance between extremes. It's not a perfect world. It doesn't make sense to think "perfect"plan can be developed. . 103. Option A Please no regulations at all. 104. Option C I'm very cautious by nature and would rather prevent than cure. We may regret "overprotection" if it isn't vindicated after 50 years,but one serious flood event will so quickly wipe out those regrets. 105. Option A The city already exceeds FEMA standards and the changes would not effect life/safely issues except in rare circumstances like a daycare center which I would make exception of. 106. Option C Promotion of safety allows for restoration of natural area. 107. Option B-1 Feels like a compromise. 108. Option A Because it's the least restrictive—existing regulations are more than adequate. 109. Option C Please keep as many natural areas as possible—it is the soul of a city. 110. Option B-1 Do not permit any new construction of any kind within the floodplain. 111. Option C Option B nd-1 would be their 2 choice. Have lived through the Big Thompson and 1997 Floods as well as seen the destruction from floods else where in the US (along the Mississippi, ect.). Do not feel we should alter the natural areas along our rivers but protect them as natural habitat, parks. No levees keep buildings out of. Will we ever learn from past experiences? 112. Option C Level of risk is choice. I choose the minimum level, not because of the risk, however, but because of the environmental protection if affords. My desire is to turn the river from constraint to a goal, if that makes sense. 113. Comment for question# 8 Yes. Not from natural areas monies unless it is good wildlife habitat. 114. Option C Mainly for economic reasons, in the event of a flood,taxpayers end up paying the bill. Protect health, safety and tax monies. 115. Option B-1 I am against any development in the floodway/plain yet I realize that in reality this is not possible. Therefore B-1 is more restrictive but not as restrictive as Option C. 116. Option A Science and degree of accuracy to hydraulically model a 0.1 foot WSEL (water surface elevation)rise/fall does not exist. Less restrictive =more flexibility to achieve worthwhile and meaningful master plans. 117. Option C Is preference but will accept some from B-1. 118. Comment from question# 8 Yes,but values should be fixed at time regs are passed and allowed to increase only at cost of living or rate of inflation—can't hold for speculation. 119. Caution drivers not to drive thru [sic] flooded alleys, streets, etc. 120. No retail w/ floatable hazardous materials in floodplain(anywhere that could have even ponding waters). 121. We want Option C --no business development in the floodplain! NO PARKING there either—leave vegetation. 122. Adoption of floodplain ordinance to protect flood-prone areas IS NOT A TAKING! Morrison vs. City of Aurora, Colo. 87. 123. Andy votes for"C". 124. I lived in Missouri and have witnessed the two great floods. It made no sense to allow people to build in the floodplain and then build levees to protect their interests. As a result, very old pre-existing towns and buildings with old levees were flooded. Also,it was difficult to witness families losing everything. Let's not let that happen here! Don't develop the floodplain. [DC] 125. No rip-rap on bank stabilization. 126. No new development in floodway and floodplain. 127. No redevelopment in the floodway. 128. Do not put development in floodplain. Keep our natural areas natural—open areas &open space is the soul of a city. Yes—on OPTION"C"! 129. Do not allow fill to raise structures above the floodway. No matter how much you"scoop out"to accommodate water displacement, fill will: a) create more hydraulics (eddies, drops, current differentials)to confuse floodwaters, causing greater hazards to safety, and b) create the need for causeways,which will also back up more flood water. CC: COUNCIL MIKE SMITH/80B SMITH RECEIVED APR 0 6 20(' CITY MANAGER 0 April 6, 2000 ZT City of Fort Collins — City Manager GROUP Mr. John Fischbach P.O. Box 580 Fort Collins, CO 80522 ARCHITECTURE Re: Cache La Poudre Floodplain Regulations Dear John, The Poudre River and its Floodplain Regulations will be the defining influence in the growth of our City in the foreseeable future. The decisions made today regarding development along the River Corridor will influence the quality and character of our urban core and "North Fort Collins", as well as the already established natural areas to the east and west. Properly established regulatory procedures will encourage cooperative, well conceived and exciting future projects, guaranteeing a River Corridor that will be responsive to all of our citizens and be the envy of communities everywhere. . Consistent with these goals and in support of the work done by Staff, the Floodplain Regulations Task Force, and City Administration, I would offer several observations and suggestions. 1. FEMA has recommended "Performance-Oriented" Hazard Regulations in response to recent Supreme Court rulings. I would strongly agree with this approach especially in regards to the "Product Corridor". The information available to review is subjective in nature and staff with professional consultants should be able to interpret the appropriateness of applying the regulations without a costly and time consuming appeal process. 2. 1 would suggest maintaining the existing City Standards relating to floodway width (0.5 foot rise) and lowest floor flood proofing (18 inches above 100-year water surface) rather than the 0.1 foot rise and 24-inch protection proposed. 1 would note that the existing City Standards exceed FEMA standards by a substantial amount and further protection will have little or no effect on Life/Safety issues. 2120 South College Fort Collins,CO 80525 970-493.2393 3. Care in the reduction or development potential should be taken to ensure that we do not become criticized for a "taking" of a private property right. Recent Supreme Court decisions speak to "unfair and unnecessary hardship" and "uncompensated takings" as being unconstitutional. If a "reasonable relationship" (NEXUS) can be established, than a newly imposed regulation, if purported to effect health and safety issues should be deemed valid. "FEMA staff no longer encourages communities to adopt building moratoria per se because they could trigger potential successful litigation." This would apply to the elimination of fixed site housing in the 100-year Floodplains. I believe that mobile homes, floatable objects and critical facilities could be restricted because a "reasonable relationship" could be established for this increased regulation. I hope this letter is helpful, and I appreciate the opportunity to work with you and the City Staff on this project. SiC % Edward G. Zdenek Floodplain Regulations Task Force EC: Bob Smith cc: Council John Fischbach NOTE: BILL BERTSCHY WANTED COUNCIL Mike Smith/Bob Smith---FYI TO RECEIVE THIS TONIGHT (4/18) • 351-B Linden Street Fort Collins CO 80524 April 8, 2000 Mr.Ray Martinez, Mayor 4121 Stoneridge Court Fort Collins CO 80525 Dear Ray, This is a note to tell you where I am on the proposed changes to the floodplain regulations. I have heard Bob Smith's presentation about 6 times now and participated in the ensuing discussions. This has been helpful and has given me personal perspective as well as a fairly broad understanding of what other people think about them, all of which helped me get what I think is a good grip on their impact. I believe proposal B-1 is the best direction to go. It separates the health and safety issue from the property damage/commercial development issue. It promotes safety yet allows reasonable, minimal-impact commercial development in the floodplain. I also think the provision for the City to buy from willing sellers is important. Sincerely, Bill Sears CC: COUNCIL JOHN FISCHBACH RECEIVED MIKE SMITH/BOB SMITH APR 11 2000 From Floodplain Task Force and the Conservation Committee of Poudre Paddlers CITY MANAr-ER To Fort Collins City Council Members Re: Position of our groups on the adoption of responsible floodplain regulations. Dear City Council: The Task Force and Poudre Paddlers Conservation Committee support floodplain regulations that protect lives and property along the Cache La Poudre River. Out of this concern, we wish to thank the City Council, the Stormwater Department, and all others who have studied the Poudre's flood patterns so professionally. In particular, we wish to thank those who combined the floodway with the product corridor to recommend safe and wise regulation under Option B-1. Option B-1 is a responsible level of regulation that gives safety from dangerous water in a 100-, and to some extent a 500-, year flood. On specific points: Presently, the product corridor is defined as current velocity, multiplied by depth, equaling six. Is the margin of a foot-deep current moving at six feet per second based on mature adults as study participants? As canoeist's and fishermen, our experience in moving water suggests this would be a concern for children and older or infirm adults. Although B-1 allows for Public Infrastructure in the floodway and product corridor, such development needs to be washable. Replacement of some types of infrastructure can be costly, as was the case with bikepaths and bridges in recent floods. We do, however, wholehardly support washable infrastructure projects for paddling,fishing and other in-stream activities. Any reconstruction, that is, removal and rebuilding of structures, in the floodplain should not enlarge the footprint, or base-level square footage of those structures, since reconstruction within the floodplain would run counter to the concept of PROPERTY PURCHASES. The overall goal should be to protect property, and not provide an avenue to permit additional building within the area. Again, thank you for your concern for public health and safety, and for the pains you have taken to listen to professionals and constituents. Dave Karan, Eric Hermann Floodplain Task Force Chair, Poudre Paddlers Conservation Committee CI77ZENINPUT-APRIL 3, 2000 OPEN HOUSE SUBMITTED BY GARY CARNES ❑ GENERAL EVALUATION. I strongly support Option C with exceptions as recommended by Stormwater and City Boards several months ago. My rationale is very simple,we haven't enough data to accurately predict and there are always factors which are unaccounted for. We do know we have had so-called 500-yr and 1000-yr events in the last 100 years. We also know that the 500-yr floodway is approximately the 100-year floodplain. That knowledge is sufficient for prohibiting development in the 100-yr floodplain. Option B-2 is bogus because we can't predict that accurately Product 6 or other areas at real public health and safety risk-either because basin conditions turn out different than assumed;there are flow obstructions, etc. Option C is wholly defensible. ❑ Floods are an act of God,but flood damage is an act of man. ❑ Floodplain development is losing federal subsidies. The declared policy of FEMA is to eliminate subsidies for flood insurance and is steadily moving toward fair market flood insurance rates. Deductibles have increased from$500 to$750 to$1,000 with separate deductibles for dwelling and contents. Flood insurance is becoming unavailable in areas of repeated flooding as is disaster relief. FEMA Director James Lee Witt said in declaring this new policy in November 1998: "People need to accept the responsibility and the consequences of their choice to live in high-risk areas...end subsidies for risky choice." ❑ Local as well as federal governments are realizing it is economic to buy and remove structures in the floodplain rather than continually bear the costs of cleanup and recovery. ❑ Who profits and who pays? In the short-te developers and those who use facilities in the P P Ys rm, op floodplain can profit. The public has usually paid much of the disaster recovery and other costs. The public could profit enormously from simply allowing the floodplain to remain undeveloped and serve its natural functions. Housing in the the floodplain is really not affordable,as will become increasingly apparent as federal subsidies disappear. ❑ Gilbert White, Retired University of Colorado Professor and widely accclaimed as the Father of Floodplain Science, said in 1997: "My general position is that it's unwise to build in a floodplain unless it's very important." ❑ Eve Gnmtfest, University of Colorado Professor,has studied floods in Colorado since the 1976 Big Thompson Flood. Right after the 1997 Fort Collins Flood she said: "I think their land-use management really saved a lot of fives...The key was leaving open space along the floodplain...the water spread out and slowed down as it moved through open spaces. And it flattened vegetation,not houses..." April 3, 2000 Ms. Marsha Hilmes Mr. Bob Smith Mayor and Council Members City of Fort Collins Fort Collins, Colorado RE: Cache La Poudre Floodplain Regulations Dear Ms. Hilmes, Mr. Smith, Mayor and Council Members: Thank you for the opportunity to submit comments on the options being considered for regulation of the Poudre River Floodplain. Although I am a member of the Natural Resources Advisory Board, I submit these comments as an individual citizen. I generally favor Option C for Poudre River floodplain regulations,with the exception of the following items from Option B that I think should be instituted: The floodway width should be 0.1 foot. Flood protection projects should be allowed to protect existing structures. No new development should be allowed in the floodway, except public infrastructure, recreation and natural resources facilities. Residential development should not be allowed in the floodway or floodplain. Commercial development, other than critical facilities, should be allowed in the floodplain only if accompanied by some deed restriction or other provision that no public funds shall be used to repair or replace damages caused by flooding. Remodeling should be allowed to existing structures in the floodplain,but not in the floodway. Floatable materials should not be allowed in the floodway. I am not familiar with how Option B-1 compares to Options A,B and C,but B-1 might be similar to the approach I have outlined above. It is the responsibility of the City to institute regulations that minimize loss of life and property damage, especially when the costs of such losses are often borne by the general public. Although private property rights are important and have their place, it is not reasonable to allow property owners to take risks that will be underwritten by the general taxpayer when disasters occur. Thank you for your service, and I look forward to working with you in the future. Sincerely, Q}�/(////��J��7 athan F. Donovan 2400 Hampshire Square Fort Collins, CO 80526-5838 �•aa �t� �r^n h�1L1y 7.Tr,1�;,^lf'jy.P.n�. - /'-��,�`• 1 z+�?s-- .�ct./f..,+2s� _ �^t�'-'�-- �c.�'�[' zf_�� t - - ,2� -- .��.��-CXct,�`1Y���'-�-QL!��li•C/ � _. .. �7YL�n� ....�,✓1�jrY--1�-----��'1(-�L 5_ 1�����r-���' d�- �-�li�d�`���o� /.� ?�; c.� � _�c�✓,o.fir'. _ _ �jr�:_ �fl N✓i! � <<*I='i`lry _ �'t�✓L r.G,-o✓s-v r i-�� •_ s�ca' � - _ . �L��- - "Z,t�r"u�.aC ``�G tad�, �: ,��// v�.�-i'Ziyt. / .� ___ _ _ . ___��-aye --`-I, -�Y��r.�r,��'`_- -/A�'��Gh�O f7 �z c� 7i��1 �� .. Comments On the Poudre River Floodplain Regulations Submitted by Randy Fischer April 3, 2000 At the City's Lincoln Center Open House Poudre River Floodplain Regulations 1 . I strongly support the City Technical Staff's original, August 18, 1999, recommendation comprised mainly of items listed under"Option C". I believe staff's original recommendation is the most consistent with citizen's concerns for public health, safety, and welfare in the wake of the devastating July 1997 floods. 2. Floodplains are.inherently dangerous places to live, work, or conduct business. As a society we should do everything legally possible to prevent new development that will expose citizens to health and safety hazards and economic hardship. We should also discourage new development that will result in significant financial burdens for current and future tax and rate payers. 3. Undeveloped natural floodplains provided valuable economic benefits to citizens, including natural flood mitigation, improved water quality, prevention of soil loss and erosion, potential water resources, wildlife habitat, and recreational opportunities. Preventing the loss of these benefits due to development is a vital public concern. If these benefits are lost due to development, the public should be amply compensated. 4. We must learn the lessons that the July 1997 flood tried to teach us, i.e. FEMA's standards are not sufficient to protect people and property in flash flood basins, such as the Poudre River! In the relatively recent past, flood events on the order of 500-year magnitudes or greater have occurred on the Poudre River in Ft. Collins (1904), the Big Thompson River (1976), and Spring Creek (1997). The FEMA standard only protects people and property from a 100-year event! 5. Why prevent development within the Poudre floodplain? The Poudre River is subiect to flash flooding, i.e. the rise in water levels during a flood can occur too fast for people to safely evacuate their possessions or sick and disabled people. (in a relatively small flood on April 29, 1999, the discharge in the Poudre rose from 200 cfs to nearly 7,000 cfs within a matter of hours.) Page I of 4 Comments On the Poudre River Floodplain Regulations Submitted by Randy Fischer April 3, 2000 At the City's Lincoln Center Open House Development encroaching in the floodplain prevents the floodplain from performing its natural flood control function of letting the water spread out, slow down, and stay shallower and less violent. Existing regulations are designed to protect new structures against a 100 year flood. However, new floodplain development may still experience dangerous street flooding, backed up sewers, and impassable roads during a 100 year event. Rescue efforts during any flood event on the Poudre will put emergency response personnel at risk. The small event that occurred in April and May of 1999 produced extremely dangerous conditions in much of the floodplain. In addition, the relatively small event that occurred in 1999 caused significant economic losses due to flood damage to public infrastructure, such as paved trails, berms and revetments, water diversion structures, and Boxelder sewer lines. As a community, we are now faced with costly repairs to ill-conceived and poorly designed public facilities. Furthermore, repairs to damaged infrastructure may cause unanticipated consequences and will surely result in additional damage and losses during future flooding events. The Poudre's designated floodplain has experienced floods greater than 100 year events in modern times. Protecting structures against the 100 year flood, as required under existing regulations, is not adequate for protecting against floods of greater magnitude. New floodplain development increases the risks to people and property in existing structures upstream of the new development by increasing the flood elevation. Existing structures do not have the option of elevating above the base flood level. Floodplains are inherently dangerous places for people to live, work, and build. We have to realize that the 100 year flood and the100 year floodplain are not a physical realities, but are regulatory standards that mother nature does not observe. Flood control structures needed to protect new development, such as detention ponds, rip-rap revetment and concrete retaining walls cause Page 2 of 4 Comments On the Poudre River Floodplain Regulations • Submitted by Randy Fischer April 3, 2000 At the City's Lincoln Center Open House flood waters to become "sediment hungry" and may cause extensive downstream bank and bed erosion and loss of valuable land. 6. 1 could support Option B-1 if it were modified to be more protective of valid public health, safety, and welfare concerns. Modifications to Option B-1 that I recommend as a condition of support include the following: - Establishing an aggressive city policy for owning the Poudre River Flood plain. Open space acquisition is, in many cases, the most cost-effective method of mitigating flood hazards. The City's Natural Resources Department has done its share of the work to purchase floodplain land (over 900 acres). City Council must direct the storm-water utility and other appropriate departments to aggressively purchase floodplain property. It is not sufficient to simple state that purchase from willing sellers is one possible option. - Clearly stating that flood protection structures identified in the draft Master . Drainage plan will only be installed to protect existing structures, and shall not be used to create developable land in the floodway or floodplain. - Prohibiting or significantly restricting "public infrastructure, recreation, and natural resources facilities" in the floodway or product corridor, as stated under the permissible types of New Development for Option B-1. I believe it is fiscally irresponsible for the City to invest in public facilities in the floodway or product corridor. Additionally, some types of public facilities should not be permitted in the floodplain, such as roads, bridges, parking lots, parking garages, vehicle storage and maintenance facilities, sewage treatment works, sanitary sewer lines. Only low-cost public amenities, such as trails, should be permitted in the floodplain. - Eliminating the allowance for remodels in the floodway under the Remodel heading for B-1. I would support B-1 if under Remodels the wording read as follows: "Allowed to existing structures in the floodplain. (50% cumulative substantial improvement). Not allowed in the floodway or product corridor." The rationale for this is that we should be actively discouraging people from living or working in the floodway, the most dangerous part of the floodplain. - Eliminating the allowance for variances in the floodway. Under the . Variances heading, B-1 indicates variance would be "allowed for special Page 3 of 4 Comments On the Poudre River Floodplain Regulations Submitted by Randy Fischer April 3, 2000 At the City's Lincoln Center Open House circumstances except in the product corridor". This should be changed to read, ". . . . . except in the floodway or product corridor." Requiring that redevelopment in the floodplain over 50% cumulative value must comply with the floodplain development standards, i.e. elevating 24 inches above flood level, etc. Any floodplain redevelopment should also be required to provide dry-land access. Requiring that additions allowed in the floodplain must be subject to floodplain development standards, i.e. elevating 24 inches above flood level, etc., and also be required to provide dry-land access. Requiring dry-land access for any new development in the floodplain. Assuring existing neighborhoods, such as Buckingham that they would be protected from the 100-year flood through the use of cost effective solutions identified in the draft Master Drainage Plan. Page 4 of 4 FROM FLATIRON COMPANIES O4.04. 2000 14117 P. 2 0 FLATIRON' COMPANIES POST OFFICE BOX 229 H0UL(7ER. COLOHADO S0306 • TELEPHONE (303) 499-1441 FAX (303) 499.2122 ED MoDOWELL YANAO.NO P.RTHEE April 4 , 2000 Mr. Bob Smith Water Planning Manager City of Fort Collins P O Box 580 Fort Collins, CO 80522-0580 Dear Bob: It was really helpful to speak with you and Jim Hibbert yesterday at the Flood Regulation Open House at the Lincoln Center. Our property, which lies east of County Road 9 between Drake and Horsetooth, is more than 500 acres in size. Sand and gravel mining has occurred continuously on this site since the mining and reclamation plans were approved by the County and the State in 1979 . Flatiron was the mining company during the 1980 's until Western-Mobile acquired the mining rights in 1989. Western-Mobile continues with the mining and reclamation at present. Approximately 150 acres of this site are not in either the 100 or 500 year floodplains of the Poudre River. Another 40 acres or so are shown on the FEMA maps as being subject to the 100 year flood, although once reclamation filling is completed to the approved elevations, Cottonwood plans to provide engineering data to remove these 40 acres from the floodplain also. The future development of this 190 acre site is planned as residential predominantly, under the zoning designations suggested by City Plan, Urban Estates and LMN. Prior to mining the 40 acres were similar in elevation to the land adjacent, which was and is out of the floodplain. The data for the 1984 mapping was collected while mining was in progress. Cottonwood had several meetings with the FEMA contractors, Simons and Li, to try to find a way to reflect the reclamation plan contours on the flood maps. It was decided that the best way to show the effects of mining and reclamation on the flood limits was to submit new data once the reclamation is completed. Another important background item is the proposed purchase by Fort Collins of around 100 acres of our site that is north of the railroad ROW. Tom Shoemaker has been discussing the purchase of this land for Natural Area land over the past several years. We are supportive of this acquisition by the City, but we are unwilling to complete the acquisition without knowing what specific FROM FLATIRON COMPANIES 04.04.2000 14: 10 F. 3 uses will be allowed on the remainder of our site, and how ownership of the 100 acres affects what is permitted. To determine the specific uses on our site, we have agreed to begin annexation of the more than 400 acres of our cite that are south of the railroad ROW. Successful completion of this approval process will then clear the way for selling the land north of the railroad to tho Natural Areau program. Once Cottonwood's land is annexed into the City of Fort Collins, the City's floodplain regulations will overlay the existing reclamation approvals in some manner. We want to be assured that the City's floodplain regulations do not prohibit the filling needed to bring the mined land back up to the approved contours. we also want to be confident that this filled land can be used for residential purposes so long as all dwellings are safe from tits 100-year event, and hopefully the 500-year event also. The City's current regulations appear to most readily allow the needed reclamation filling. Scenario B also appears to allow reclamation filling and subsequent residential development, although we would like to nave this clarified. Soonarios B1 and C would seem to complicate the filling, and possible make the subsequent development more difficult. Would you please briny these concerns to the City Council and to appropriate others. We want to try to make the City's acquisition of the Natural Area a reality, but to do so we need to know what the use will be on the remainder of our property. So, success in this acquisition endeavor will depend upon being able to Complete the previously approved reclamation filling, and to have an approved plan for the subsequent residential development. Sincerely, COTTONWOOD LAND & FARMS, LTD. Ed McDowell Managing Partner I Martha Roden • 1967 Massachusetts St. Ft. Collins, CO 80525 (970) 225-2572 To: City Council Members From: Martha Roden Re: Floodplain Regulations Comments Date: April 3, 2000 To whom it may concern, I spent more than a year attending Flood Plain Task Force meetings to help brainstorm ideas to improve our floodplain regulations in Fort Collins. During that time I heard a lot of opinions from a variety of people ... environmentalists, developers, property owners, business people, etc. I also spent a lot of my personal time reading articles about flooding in the United States over the past decade. And what I learned from our meetings and my reading is this ... most of the flood damage to people and property is due to the fact that we human beings insist on building on floodplains. That is why I urge you to adopt Option C, as presented by the Water Utility Staff who led our Task Force. Option C provides a set of regulations that prevents both residential and commercial development on floodplains, thus allowing floodplains to remain in a natural state to better absorb overflow, and preventing homes and businesses from being built where they could be damaged by floodwaters. . Unfortunately, at our last Task Force meeting in March, a new compromise option, Option B1, raised its ugly head. This option would allow commercial development on the floodplain. It became fairly obvious to myself and other Task Force members,that this option was born of a desire to appease developers, members of the building trades, and possibly realtors. What is even worse, is the idea that our City Council can be bullied by members of the community who feel they have the right to threaten legal action if decisions are made that do not benefit their pocketbooks and profit margins. I am disappointed to think that City Council would stoop to making the wrong decision because they were afraid they might get sued. It seems to me that making a decision based on fear is the equivalent of paying protection money to avoid being beaten up! And so, I urge Council to make a decision based on logic, facts, and ethics— select Option C,the set of floodplain regulations that prevents both residential and commercial development from occurring on the floodplain. Continuing to put any type of development on a floodplain only invites disaster when flooding inevitably occurs, and destroys the limited open space and natural habitat we have in this city. I trust you will make the right decision. • Martha Roden CC: COUNCIL/JOHN FISCHBACH MIKE SMITH/BOB SMITH (INCLUDED IN 3/14 INFO TO COUNCIL) RECEIVED March 7,2000 MAR 1 0 2000 Council Member Mike Byme CITY MANAGER City Manager's Office P.O.Box 580 Fort Collins CO 80522 Dear Council Member Mike Byme, I want to urge}mu and the rest of the of the Council to vote for the Stormwater Staff i rerommendations and for the Pub& Nuisance Ordinance. Poudre River Floodplain Regulations The night of the Spring Creek Flood I was watching the water rise in the New Mercer Ditch. It was early evening and the water was touching the bottom of the bridge on Springfield Street. Later that night a car floated like an ice cube three houses down from me on Constitution Avenue. Several people could have been lost on my street,if they hadn't been pulled from their cars and helped from the strong current going down the street. I have never felt so helpless as the water rose higher and higher. It stopped just short of running in my front door. I feel we must use the very best judgment in setting restrictions for the use of floodplains. The swamps and open areas used to provide space and slowed the flow rate for the run-off water to be held before returning to the ditches and then the river. The price for letting other motives influence our decision is paid in lives and property,and this price is paid on demand. There is no postponement or avoidance of this payment. After studying the Stormwater Staff's Cache La Poudre River Floodplain Regulation Options,I feel confident that we have a knowledgeable and dedicated group with the Stormwater Staff,especially Suzan Hays. Proposed Public Nuisance Ordinance I was born in Fort Collins at 511 S.Whitcomb St. It was a beautiful house in a clean and quiet neighborhood. My folks rented the basement apartment to college students. We usually had a married couple,but one year, my favorite,we had seven football players. The neighborhood remained very nice,like a fifties sitcom. Since the ordinance has been getting so much attention with the landlords on one side and the neighbors on the other,I have thought why did it used to work so well. If you look at the house at 511 S:Whitcomb now,you would think it is a slum. The whole block is unbelievable to me. I realized,the difference is the landlord no longer lives in the same house. He is not there to work with the renters to maintain the property and the neighborhood. Without the landlords taking responsibility for guiding their renters in maintaining the property and being respectful of other property,there is no reason for the new renters to do so. The only exception is neighbors in the neighborhood itself,who care. My new neighborhood is around 1236 Constitution Avenue. I have been there for 32 years and I am 58 years old now. The college students,especially since the Spring Creek Flood,are renting half the houses in my present neighborhood. Several members of the neighborhood have expressed a desire to remain and work with the new renters. If we have the Ordinance,I can see a chance that we could maintain the neighborhood as a nice place to live. It will not be the same,but it will not be a slum either. If not,my new neighborhood will look like the old one,and we will have to move to another neighborhood. Sincerely, Lairie J Scrivner and Sally J Scrivner ' /I LA (/ U LAIAIE SCRIVNER PO BOX 1241 FORT COLLINS CO 80522-1241 CC: JOHN FISCHBACH RECEIVED OHN MIKE SMITH/BOB SMITH (INCLUDED IN 3/14 INFO TO COUNCIL) MAR 0 9 2000 Ray Martinez CITY MANAGER c/o Angelina Powell City of Fort Collins 300 Laporte Avenue Fort Collins, CO 80521 Dear Mayor: I am writing as an officer of Poudre Paddlers a local canoeing and kayaking club and as a member of the citizens task force on revision of the city's flood plain regulations. Some council members have expressed concern about the potential financial and legal exposure of the city should Stormwater's original technical recommendations be enacted by City Council. I want to attempt to address those concerns and encourage you to adopt the original recommendations. As you know, the technical recommendations would protect personal safety and the risk to property damage substantially better than the existing regulations. It is time to tighten them to reflect current knowledge about flood hazard mitigation. Further, they balance the property rights of citizens with the public interest. Federal and Colorado case law supports such regulation if it meets the three part test of a rational nexus, proportionality, and not eliminating all use of the property. Further, staff has incorporated a voluntary buy-out program that more than meets the U.S. Constitutional requirement for due compensation. We believe, if properly drafted and implemented, that there is little chance for real litigation. Threats yes. Suits no. Not if Council takes a firm stand and you show that you are confident you can win. We request that you direct Steve Roy to base his legal advice to Council on the overriding public interest and on the probability of winning suits. It appears that the City Manager's office has caved in to the mere threat of litigation. We hope that you will show more courage to back the important principles of protecting the long range safety of the citizens of Fort Collins. The City has had a cutting-edge flood plain management system. This is no longer the case. Even the U.S. Corp of Engineers and FEMA are beginning to revise their philosophy from structural intervention to removing people and property from harm's way. The no-fill and no-rise provisions are far sighted measures to protect public safety. It would allow the city to reduce emergency response and shift other dollars to more problematic flood plains. These regulations will also substantially protect the Poudre River from the propagation of piecemeal streambank hardening as property damage and erosion is displaced downstream. This too will reduce reactive expenditures by the city while incidentally protecting river ecology. Legal remedies that are consistent with the public interest are built in. Property can be removed from the regulatory 100-year flood plain through the Master Drainage Plan and there would continue to be a variance procedure. The ball park estimates of the buy-out program show that, if conducted over a 30-50 year time frame, the costs, though potentially substantial would be quite manageable. Let me get off the technical band wagon. Quite frankly, Poudre Paddlers pushed for even stronger regulations. We are not happy that there is any procedure for raising levies or with the breadth of the Master Drainage Plan loop hole. Still, these proposals would reduce the city's overall financial and legal exposure in the long run. Even more importantly, they would build on the City's excellent record of reducing flood risks to city residents. We are willing to help you counter any opposition that wants to derail or dilute Stormwater staff's original technical recommends. Please direct senior staff to forward that original proposal as an alternative to staff's formal recommendations. Then, please, consider voting in favor of these superior regulations. Let me know what we can do to help (224-5621 - dkaran@lamar.colostate.edu). Sincerely, David Karan Acting President - Poudre Paddlers Flood Plain Regulation Task Force member VY• YVV. Va.. JOHN FISCHBACH MIKE SMITH/BOB SMITH (INCLUDED IN 3/14 INFO TO COUNCIL) March 7,2000 City Manager's Office AK.O. Box 580 RECEIVED Wt. Collins, Colo. 80522 MAR 1 0 2000 Regarding: Poudre River Floodplain Regulations. CITY MANAGER Dear Councilmember: As a citizen of the Fort Collins, I am concerned about the upcoming adoption of floodplain regulations for the Cache La Poudre River. I support the regulations as expressed in Option C as endorsed by the Stormwater staff. I am against my encroachment of development into the floodplain for the following reasons: A) Safety. The natural floodplain provides a holding area(storage area) for flood water. This natural area helps reduce the rate of flow(dangerous from a safety and erosional standpoint) during the flood. By keeping this natural area"natural", without development, the city will minimize the potential loss of life and property during our nC&flood of the Poudre River. I emphasize next, as we all know the next flood is coming, it is just a matter of when and how many. B) Fill. The city would require raising the building site above flood height with fill, or constructing a dike around the site if building is allowed within the floodplain. This would result in a displacement of water from the existing floodplain, causing a reduced"water storage" area during a flood and forcing an increase in the current surface area where floodwaters flow. Flood waters upstream will become deeper, and more dangerous, while the flood waters downstream will become faster--and more dangerous. The resultant increased water level and surface area may subject someone else to floodwater who may have been spared had fill and development not en allowed. Displaced flood waters simply move the problem to either upstream or downstream properties, or those further away. Water is a very strong force that man, at times, cannot control, even with the best intentions. Remember the Spring Creek flood, where the"adequately"designed drainage systems became blocked. C) Openspace. While safety and minimizing property damage is the principle focus of the floodplain regulations, we can also reap the benefit of open space. Currently, both the City and County have voter approved mandates to acquire open space. The current floodplain already provides a unique and centrally located open space. Families, hikers, bilkers,boaters; a multitude of people avail themselves of this resource where wildlife co-exists with our City. Now is the time to prohibit further development within the floodpla4 not later, after development has occurred, after the cost of acquiring what we already have becomes much more expensive. The Poudre River is a wonderful resource. Let us keep it that way by avoiding development of this unique natural asset of our community. And, let us respect the potential danger that our natural asset can present to our community, by not standing in its way. Please vote with the Stormwater Staffs recommendations to endorse Option C for F000dplain Regulations. Respectively, Susan Graham 3830 Tradition Drive •Ft. Collins, CO 80526 Cc:Mayor Martinez,Councihnembers Massy Bertchey,Wanner,Byrne,Weitkunat,Kastein Linda Gule- Floodplairi Revisions Page 1 From: "Smith,Andrew" <ASmith@fnbfc.com> To: "'CMO@ci.fort-collins.co.us"' <CMO@ci.fort-collins... Date: Tue, Apr 18, 2000 9:40 AM Subject: Floodplain Revisions April 18, 2000 Dear Councilmembers: The Poudre River Trust supports alternative B-1 as the city's new floodplain regulation. It is a reasonable approach to address the health and safety issues along the Poudre River corridor, and appears to be implementable and fair . Although we support the concept,we do not have enough information to specifically evaluate the methodology used to define the 500-year Product Corridor. The criteria used as the basis for this methodology needs to be carefully analyzed to ensure that the community agrees to the level of protection this would provide. Thank you for your time and consideration on this complex community issue. Sincerely, Andy Smith Chairman, Poudre River Trust CC: "'Igula@ci.fort-collins.co.us"' <Igula@ci.fort-col... MEMO To: Mayor and City Council From: Jill Kuch, Administrative Secretary, Current Planning Subject: Recommendation to City Council Regarding the Poudre River Floodplain Regulations Date: April 10, 2000 On Thursday, April 6, 2000 the Planning and Zoning Board heard the Recommendation to City Council Regarding the Poudre River Floodplain Regulations and made the following recommendations and comments: Motion #1 Member Bemth moved that the Planning and Zoning Board forward a recommendation to City Council for adoption of Option B1 of the proposed Poudre River Floodplain Regulations with the exception of the issues concerning redevelopment, new development, additions and remodels. Member Bemth recommended that those issues be adopted as listed in Option C of the proposed Poudre River Floodplain Regulations. Member Craig seconded the motion. The motion was denied 4-3, with Members Torgemon, Gavaldon, Meyer, and Carpenter voting in the negative. Motion #2 Member Gavaldon moved that the Planning and Zoning Board forward a recommendation to City Council for adoption of Option B1 of the proposed Poudre River Floodplain Regulations with the exception that members of the Board could express individual interests and concerns on specific issues. Member Torgerson seconded the motion with an amendment that Council is provided with the individual comments. Member Bemth seconded the amendment. Member Gavaldon restated the motion and Member Torgerson seconded the motion again. The motion was approved 7-0. Comments concerning the recommendation: Member Torgerson did not support Motion#1. He felt that by recommending Option C for some issues, the City would be placing more restrictions within the Floodplain Regulations. He did not believe that was necessary. Member Gavaldon did not support Motion#1. He agreed with Member Torgerson that Option C placed too many restrictions. He felt that the restriction of no additions to existing residential housing would "ghost town" many areas. Member Carpenter did not support Motion #1. She had a problem with recommending that there be no additions to existing structures in the specified areas of Option C. She agreed with Member Torgerson's comments. Member Craig agreed with Motion #1. She added that if there was an interest in developing under Option C, the City has a special variance process available. Member Craig felt that the recommendation was not"closing the door" as much as it seemed. She did not feel that the additional restrictions of Option C would have a ghost town effect. She felt that it was better to take a proactive approach to the problem and that the variance process could be used. Member Colton agreed with Motion #1 and the proactive approach to the regulations. He felt the majority of the citizens that provided input agreed with the more stringent regulations. Member Torgerson supported limits on how much could be added to a building, but he could not support the recommendation of Option C concerning additions. In the case of additions, he leaned more towards Option B to allow people to add on to their homes. He was uncomfortable taking away the right to add on to a home and possibly devaluing the properties effected. He would only support limiting additions for commercial properties. Member Gavaldon agreed that he was uncomfortable taking away the citizen's rights to expand and grow. He felt that parts of the specified areas consisted of small housing and that this would not be a good investment if you couldn't expand. He did say he would agree to limit the expansion of commercial properties. Member Craig stated that the City was committed to protecting the housing in the specified areas. By building berms, the housing areas would be protected, removed from the floodplain area and possibly see an increase in value. Member Gavaldon was concerned that the construction of the berm to protect the Buckingham and Airpark areas would either take too long or would never be built. He felt the restrictions would be too much during the interim. Member Torgerson asked how many structures would be left after the construction of the berms. Bob Smith, Stormwater Department, stated that 109 structures would be left in the floodplain after the master plan improvements were in place. Member Craig felt the additional restrictions would ensure that fewer people would be brought into the danger area of the floodplain. She also noted the option of buy-outs at market value. Member Craig did want wanted to forward the two different recommendations to the Council for review. Member Meyer wanted to note that the interests for the more restrictive Option C were the minority. • Bob Smith- DDA Poudre River riooc ram rewmmenuauvu From: Jay Hardy<jhardyaezlink.com> To: Bob Smith <bsmith@ci.fort-collins.co.us> Date: Mon, Apr 10, 2000 2:14 PM Subject: DDA Poudre River Floodplain recommendation Bob, The following is a summary of the finding of the DDA Board of Directors subcommittee for the Poudre River Floodplain Regulations. This committee is appointed by the DDA Board of Directors for this purpose. Individual committee member comments 1. Why are we so insistent on being more strict than the Federal Government? 2. Keep the regulations at FEMA standards or current regulations. 3. In general, keep the regulations at current standard. 4. Of the proposed options, Option B would be the maximum regulations supported. 5. B-1 is acceptable with the following changes: a. Variances should always be allowed for special circumstances b. Floatable materials- Is this correct on the sheet? It reads"not allowed in the floodway and floodplain". Does that include the product corridor? This committee member supports the elimination in the floodway and product corridor, but thinks floodplain should be eliminated from this language. c. Remodels- Is this right on the chart? It allows for remodels in the floodway and floodplain, but not in the product corridor??? It doesn't make sense to allow it in the floodway and not in the product corridor. d. Critical Facilities- Eliminate Retail facilities from the language. Include a provision for sealed oil containers which cannot escape the property. i.e.. tube shops. As an overall recommendation from the committee, Option B would be the only option which is acceptable. Although Option B-1 has elements which are supported,the package is incomplete and appears inconsistent as presented. Cultural, Library, and Recreational Services City of Fort Collins DATE: April 3, 2000 TO: Bob Smith, Water Planning Manager FROM: Lance Freeman, Parks and Recreation Board Chairperson G% C� RE: Poudre River Floodplain Regulations Thank you for your presentation on March 22 to the Parks and Recreation Board on the Poudre River floodplain regulation options. The Board has the following initial concerns and comments: • The Board is very concerned that the selected floodplain regulation option for the Poudre River floodplain will be uniformly applied to other floodplain basins. If this occurs, it could prevent or significantly restrict the development of many parks, trails, and recreation facilities. • Options B, B-1 and C need to allow for the development and redevelopment of trails and park facilities in the floodway and product corridor areas. The wording "except public infrastructure, recreation, and natural resource facilities" needs to be added to the Fill, Redevelopment, and Variances criteria items within Options B, B-1 and C. This wording is needed to allow for recreational items to continue to be placed or improved for desired public uses. The Board will continue to discuss this item at our April 19 Board meeting and will provide you with additional comments and concerns. cc: Parks and Recreation Board Members 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80524 • (970) 221-6640 • FAX (970) 221-6586 APR-10-00 MON 01 :39 PM CSU RESEARCH FOUNDATION FAX NO, 4840354 P. 02 U COLORADO STATE UNtVFRSITY (970)482-2916 Fax:(970)484.0351'RESEARCH FOUNDATION Y.O.O.Box IIOx 5R3 CS ®_ FORT COLLINS,COLORADO 80522 April 10, 2000 Mr. Bob Smith City of Fort Collins 700 Wood Street Fort Collins, CO 80521 Dear Bob: CSURF is very interested in the Poudre River Floodplain Options and wishes to express our thoughts concerning this matter. Despite the havoc of the 1997 flood, present floodplain regulations (Option A)have served our city well for many years. These existing regulations meet or exceed those of the federal government. It is not possible for a city to protect against every force of nature which might effect it and its residents. A city must make reasonable and prudent efforts to provide guidelines and regulations which protect its citizens a majority of the time, We believe the city has already done that with the present guidelines. According to the city's background material, there have only been 3 instances in 146 years which have exceeded the 100 year discharge. Even though those instances are unfortunate, the present regulations been have shown to meet the needs of this city 99.9795%of the time. Given the numerous and significant problems in changing the present regulations and given the safety record of these regulations,we see little reason for change. Should the city adopt an option other than Option A, we are also concerned about the precedent which might be set for other basins within the city. It is our understanding that a thorough analysis of the impact of the different options on the other basins has not been completed. It would seem prudent to CSURF either to complete the analysis on all other basins before discussing changing the city's standards or to make it absolutely clear that any change to the Poudre River Floodplain Regulations will not set precedent or be used as a template for the other basins within the city. Finally,we urge the city to consider the impact of any change in the floodplain regulations on the owners of private property. Those whose property is not presently in the floodplain or floodway but would be placed into the floodplain or floodway due to any change in the city's regulations must be compensated for their loss. This compensation must be made at the fair market value of the property before the change(i.e.,developable property value not floodplain property value). APR-10-00 MON 01 :40 PM CSU RESEARCH FOUNDATION FAX. NO. 4840354 P, 03 Mr. Bob Smith April 10, 2000 Page 2 Thank you for the opportunity to express our opinion. Should you have any questions,please feel free to call me. Sincerely, Othn Bying President/CFO KB/dk • Friends Of The Poudre Dedicaied to preserving the Cache la Poudre river and enhmtcing its ecological. recreational. and historic values P.O.Box 1862,Fort Collins,CO 80522 fort ayoudreriver.ore www.poudrenver.org April 8,2000 Mayor Ray Martinez Members of Fort Collins City Council 300 W.Laporte Avenue Fort Collins, CO 80521 Re:Recommendations for the Cache la Poudre River Floodplain Regulations Dear Mr.Mayor and Council Members, Friends Of The Poudre has the primary mission of monitoring,protecting and advocating for the Cache Is Poudre River and its watershed. We envision the River as a biologically functioning,vital entity that changes from season to season and era to era. The river corridor Is a life-line for ourselves and a wide variety of life,much of which almost completely depends upon a healthy,unimpeded river. The preservation and protection of that corridor is of the highest importance. Thus,any proposed changes related to clean-up, restoration,development or redevelopment,must be accomplished in a way that preserves and protects the natural river corridor. Our recommendations for floodplain regulations are based upon this perspective. We recognize that City staffs proposed storm water projects remove Buckingham and North Mulberry east of Lemay from the floodplain fringe. Therefore,these areas are considered exempt from the recommendations listed below. 1)Option C is the best option for the Cache la Poudre River corridor. 2)Option B-1 is a significant improvement over existing regulations. Option B-1 can be improved substantially is the City adopts an aggressive policy for purchasing lands within the 100 year floodplain that are outside the 0.1 foot rise and the product corridor. All purchases should be exercised on the basis of a willing seller,willing buyer. The health, safety and well being of our citizens is a paramount reason for considering these new regulations. Option B-1 can be made significantly better If the"kill" zone(product 6 corridor)is stretched to allow for a margin of safety. Please consider a product corridor in the range of 2 to 3 to account for children because of their size,and for adults who may not be as agile as CSU test students. Lastly,make clear the overlay of product corridor over the 0.1 foot rise in Option B-1 3)Options A and B are unacceptable. Please consider adding to the adopted Option a'Notification for Drivers'to warn them to stay off flooded roadways. Many drivers are drowned or igjured trying to navigate flooded roadways. These recommendations derive from the following set of criteria and considerations: 1)The River should be allowed to define Us our course with in the 100 year floodplain mapped by the Citv. We recognize two exceptions:Buckingham and North Mulberry,both in the 100 year flood fringe,that will be protected by pending storm water projects subject to your approval this summer. The 100 year floodplain should always be regarded as a"flash floodplain" meaning that floods in our region often occur with little warning. 2)As this City was reminded in 1997 by the Spring Creek flood,the danger zone must take into account the flood way for larger events such as a 500 year storm. 3)The total number of acres in riparian wildlife habitat should be increased. 4)A continuous riparian wildlife migration corridor should be preserved and enhanced throughout the corridor. 5)Native vegetation(plains cottonwood,choke cherry,coyote willow,etc.)should be given a chance to reestablish themselves where aggressive exotics(Russian olive,Canada thistle,leafy spurge,etc.)are taking over. 6)Existing natural features and man-made structures should remain unaffected by any redevelopment or new development. 7)Armoring or stabilization of stream banks or adjacent ponds should be allowed only where absolutely needed to protect infrastructure. Bank stabilization projects do not allow the River to define its own course. These projects often lead to channelization and project damage downstream in floods that otherwise would not happen. 8)To the extent possible,the City should develop and execute a plan for an orderly retreat to higher ground of threatened floodplain infrastructure. All infrastructure has a finite lifetime of use. The orderly infrastructure retreat plan should take into account the replacement time schedule,and have plans in place for relocation of the replaced infrastructure in the retreat zone. 9)Riparian habitats within the 100 year flash floodplain should be allowed to renew and restore as a result of flood events. Thank you for the opportunity to comment. im Johnson Vice President for the Board copies to: The Fort Collins Water Board John Fischbach,City Manager Mike Smith,Director of Utilities • Received via e-mail 4-7-00 Dear Honorable Ray Martinez, Mayor of Fort Collins and City Council Members, On September S, 1999, Citizen Planners formally endorsed City Staffs recommendation for the Poudre River Floodplain regulation. At the time, that recommendation most closely paralleled current Option C. We recognize that efforts are being made to reach a compromise between safety and economic concerns. Citizen Planners' position remains that current option C should be adopted. We contend that matters of public safety, health and well being must be primary in adopting appropriate regulations. Therefore we believe Staffs first recommendation most effectively addresses those concerns. Also, we are opposed to proposals which would purchase land within the floodplain with existing open space tax revenue. An independent funding mechanism should be established to fund such land acquisitions from willing sellers. We are also aware of attempts to "package" open space land within the floodplain for the purpose of earmarking various sites for future facilities such as amphitheaters, gardens, and event centers. We believe this practice is . misleading and must end if taxpayers are to trust their local government. Just as the citizens have dedicated a tax for public procurement of open space, so has nature dedicated a place for the drainage of the Poudre River Basin. We believe it is in the public interest to allow both of these processes to proceed unmodified, as they were intended: purchased open space should remain as open space and allowing the floodplain to function for what it is designed. We strongly urge adoption of Option C. Thank you. Brigitte Schmidt, President Chris Ricord, Vice President on behalf of the Board of Citizen Planners 4/9/00 Stormwater staff— Attached are my comments regarding the Poudre River Floodplain Regulation options. I support Option C, the most restrictive option based on the 100-year flood. Here are some of my reasons: • The historical record of flows on the Poudre River is relatively very short, only slightly more than 100 years. Current estimates of the size of 100-year and 500-year floods may well be low. Regulating to our best guesstimate of the 100-year floodplain should be viewed as a minimum level of protection. • The 100-year floodplain is not a smart place to build. Floods occur there and can be very damaging, as events in the recent past have demonstrated. • When damaging floods do occur,costs to provide emergency services during the flood and cleanup costs after the flood are borne far more by the public than by those who own property in the floodplain. • Though property owners within the floodplain have the option to mitigate risk somewhat with flood insurance, federal flood insurance costs are largely subsidized with public funds. • Though there are some significant economic impacts regarding the loss of opportunity to develop in the floodplain, there are huge economic benefits as well: the floodplain is extremely valuable as wildlife habitat and open space. As the area continues to develop, we will be thankful for a continuous green corridor through the middle of Fort Collins. • Regulations should not be made on the basis of past development patterns; this would reward past mistakes. We need to respect the Poudre River and its power. Though much development has already occurred in the 100-year floodplain, there is no need to continue this pattern. Future Fort Collins residents will be thankful that a much more restrictive development standard was implemented in 2000. Thank you for your hard work on this issue and for the opportunity to comment on the options. Community Planning and Environmental Services Advance Planning Department Citv of Fort Collins April 10, 2000 MEMORANDUM TO: Mayor Martinez and Members of the City Council FM: Ka Aff rd�ab Housing Board Vice-Chair Y g RE: Propose Poudre River Floodplain Regulations At the Affordable Housing Board's regular monthly meeting on April 6, 2000, the Board voted 5- 0, with one abstention, to support either Option B or Option B1 of the proposed Poudre River Floodplain Regulations and to strongly oppose Option C. . The Board believes that either Option B or B 1 would represent the most equitable approach to revising the floodplain regulations for the Poudre River. The Board strongly opposes the regulations of Option C as being far too restrictive. As the Board understands the proposed regulations, Option C would prohibit any housing rehabilitation activities within the floodplain. Such restrictions would have a detrimental affect on preserving some existing affordable housing units. 281 North College Avenue • 20. Box 580 • Fort Coilins,CC, 8053=0580 • (970i 221-6:7t. FAN (970P _-4-61;; ;DD (970" =24-6002 • E-mail: aplanningGj,ci.fort-collins.co us Community Planning and Environmental Services Natural Resources Department Cite of Fort Collins MEMORANDUM DATE: April 6, 2000 TO: Mayor and Council Members John Fischbach, City Manager FROM: Randy Fischer on Behalf of the Natural Resources Advisory Board SUBJECT: Pourdre River Floodplain Recommendations On April 5, 2000, Mr. Bob Smith, the City's Manager of Water Planning, gave a presentation to the Natural Resources Advisory Board (NRAB) on the proposed revisions to the Poudre River floodplain regulations. Following Mr. Smith's presentation, the NRAB members agreed to send this memorandum to City Council with our comments and recommendations on the revised floodplain regulations. The board's comments and recommendations are as follows: • The board reiterates its previous unanimous support for the technical staff's August 18, 1999, recommendation for revising the floodplain regulations. Staff's August 1999 recommendation consisted mostly of Option C with some items from Option B. • We favor staff's August 1999 recommendation over other proposed options because we believe that no new development should be allowed in the 100- year floodplain and that the use of fill material should be mostly prohibited. The previous August 1999 staff recommendation is more restrictive in these regards than other proposed options. • Board members expressed concerns about modifying the floodplain through Master Drainage Plan projects designed to protect existing development. The NRAB is concerned that floodplain modifications will likely have unanticipated negative impacts on properties and the environment upstream or downstream of the modifications. In supporting any proposed floodplain regulations, the board wants assurances that Master Drainage Plan improvements will be designed to prevent unintended impacts on the environment and floodplain properties. • The NRAB agrees that health and safety are critical considerations in drafting the new floodplain regulations. However, the board also believes fiscal responsibility is an equally important consideration in formulating the Page 1 of 3 NRAB Solid Waste Recommendations -61ii _81 N.Collrtc Ave. • PI -.134A ��0 • Iorl Collins,CO 80 2-0;%�O • (970) 221-6600 • FAX (9,0)22.1 regulations. More restrictive floodplain regulations will not only save lives but will also prevent serious economic losses to public as well as private property. Limiting preventable economic impacts on tax payers and the community is as legitimate a public interest as are public health and safety. The NRAB supports the proposed City policy of purchasing Poudre River Floodplain properties from willing sellers where appropriate to protect health, safety, and public welfare. Land acquisition and removal of existing structures is, in many cases, the most cost-effective method of mitigating flood hazards. However, the board stresses that natural-areas tax monies should only be used to fund floodplain acquisitions with inherent natural resources values. Other funding sources, such as stormwater fees, should be relied upon to purchase properties that have little or no natural resource value. The board understands that Option B-1 is currently being considered the official staff recommendation. The board favors a more restrictive regulation than Option B-1 due to the following concerns: We are concerned that Option B-1 condones the use of fill in the floodplain. Appropriate uses for fill need to be better defined under this • option. Construction of public infrastructure in the floodway should be better defined and more restricted. It seems inconsistent to allow public infrastructure development in the floodway but not private development. The term "Commercial Development" needs to be defined. For example, could a hotel or motel be developed in the floodplain under Option B-1? If so, this could result in health and safety risks similar to residential development. The board would be more comfortable if it were clearly stated that commercial development would only be allowed in the floodplain in areas that are currently zoned commercial or where future commercial zoning is indicated in City Plan's structure map. We want to clarify that Option B-1 would not allow commercial development to occur just anywhere in the floodplain. To be consistent with other parts of Option B-1, redevelopment should be limited to commercial property and only in the floodplain, not the floodway or product corridor. As Option B-1 is currently written, it could be interpreted that commercial property in the floodplain may be redeveloped into residential property. Page 2 of 3 NRAB Solid Waste Recommendations Thank you for your consideration of the board comments and recommendations. As always, please feel free to contact us with any comments or questions about this memorandum. Page 3 of 3 NRAB Solid waste Recommendations oinmruty Planning an nvironmenta Services ' Services Advance Planning Department fCity of Fort Collins MEMO To: Mayor Ray Martinez and Members ofCity Council Thru: John Fischbach, City Manag Greg Byrne, CPES Director Joe Frank, Advance Plannin Direct From: Karen McWilliams, Historic Presery i n Planner (1k Subject: Poudre River Floodplain Regulations and the LPC j Date: May 2, 2000 At their April 26 meeting, the Landmark Preservation Commission heard a presentation by Bob Smith, Stormwater Utility Manager, on the proposed Poudre River Floodplain Regulations. The Commission then discussed the impact on historic properties that these regulations would create. The Commission is in strong support of including all locally landmarked properties in the exemption to the regulations, regardless of which criteria is adopted, A, B, B 1 or C. The Commission feels that this is critical to the preservation of the historic resources in our community. cc: Bob Smith II �I i 281 North College Avenue • P.O. Box 580 • Fort Collins,CO 80522-0580 • (970)221-6376 FAX(970)224-6111.• TDD(970)224-6002 • E-mail: aplanningCci.fort-collins.co.us cc: Council NOTE: BILL BERTSCHY WANTED COUNCIL John Fischbach TO RECEIVE THIS TONIGHT 4/18) Mike Smith/Bob Smith � ---FYI RIVER CORRIDOR PROPERTY OWNERS ASSOCIATION 400 North College Avenue Fort Collins, Colorado 80524 April 8, 2000 Mr.Ray Martinez, Mayor 4121 Stoneridge Court Fort Collins CO 80525 Dear Mayor Martinez: The property owners met last week to hear Bob Smith's presentation on the proposed changes to the flood plain regulations. The majority of our members are not directly affected by them but are supportive of those among us who are indeed directly affected by them. We were originally concerned about how the proposed changes confused health and safety issues with property damage from flooding. We believe that the proposed B-1 column separates these two issues and allows the safety concerns to be adequately addressed yet allows commercial development within reasonable guidelines in the floodplain. We further believe the provision for the City to buy property from willing sellers is important. Sincerely, C�?�z r4oz- i Earnest Garner, Co-Chair T Advance Planning Department City of Fort Collins MW MEMO To: Mayor Ray Martinez and Members-of nCli-tyy Council Thru: John Fischbach, City Manag Greg Byrne, CPES Director Joe Frank, Advance Plannin Direct From: Karen McWilliams, Historic Presery i n Planner (1k Subject: Poudre River Floodplain Regulations and the LPC Date: May 2, 2000 . At their April 26 meeting, the Landmark Preservation Commission heard a presentation by Bob Smith, Stormwater Utility Manager, on the proposed Poudre River Floodplain Regulations. The Commission then discussed the impact on historic properties that these regulations would create. The Commission is in strong support of including all locally landmarked properties in the exemption to the regulations, regardless of which criteria is adopted, A, B, B 1 or C. The Commission feels that this is critical to the preservation of the historic resources in our community. cc: Bob Smith 281 North College Avenue • P.O. Box 580 • Fort Collins,CO 80522-0580 • (970)221-6376 FAX (970) 224-6111 • TDD(970)224-6002 • E-mail: aplanning@ci.fort-collins.co.us