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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/20/2000 - ITEMS RELATING TO STANDARDS FOR DEVELOPMENT IN THE ITEM NUMBER: 35 A-B AGENDA ITEM SUMMARY June 20, 2000 DATE: Mike Smith/Bob Smith FORT COLLINS CITY COUNCIL STAFF: Marsha Hilmes-Robinson SUBJECT: Items Relating to Standards for Development in the Poudre River Floodplain. RECOMMENDATION: Staff recommends adoption of Ordinance No. 71, 2000 on Second Reading and adoption of Ordinance No. 81, 2000 on First Reading. EXECUTIVE SUMMARY: A. Second Reading of Ordinance No. 71, 2000, Amending Chapter 10 of the City Code Concerning Standards for Development in the Poudre River Floodplain. B. First Reading of Ordinance No. 81, 2000, Amending Section 3.3.3 of the City's Land Use Code Concerning Development in the Poudre River Floodplain. There are two actions being considered under this item. The first item is consideration on Second Reading of Ordinance No. 71, 2000, which amends the City Code concerning the floodplain regulations for the Poudre River Floodplain. The second item is an Ordinance that will make certain changes to the City's Land Use Code in regard to "water hazards" that might be caused by development in the Poudre River Floodplain. Second Reading Ordinance No. 71, 2000 Ordinance No. 71, 2000, was adopted 4-3 by the Council on First Reading at its June 6, 2000 meeting. This Ordinance makes various amendments to Chapter 10 of the City Code in regard to floodplain regulations for the Poudre River Floodplain. Between the first and second reading changes to the Ordinance have been made. These changes are being proposed to either clarify language in the Ordinance or to address substantive issues that came up at or just prior to first reading of the Ordinance. Following are a listing and explanation of the proposed revisions: • Section 10-53(2)a. The words"new construction"were added back in for clarification. • Section 10-53(3)a. The words"new construction"were added back in for clarification. DATE: June 20, 2000 2 ITEM NUMBER. 35 A-B • Section 10-61(6). A sentence was added to provide that temporary motor vehicle parking by employees or customers and temporary outdoor display of inventory during usual business hours are not to be considered as the storage of"floatable materials". • Section 10-62(c). An additional requirement was added concerning the placement of mobile homes on property that has been filled and removed from the floodplain. This language requires such mobile homes to still comply with all the criteria in Section 10-54. The reason for adding this is that staff thinks it is important for mobile homes placed on fill to have a permanent foundation and to be properly anchored so as to minimize the chance for flotation, collapse,or lateral movement. First Reading of Ordinance No. 81, 2000 During the discussion on first reading of the proposed changes to the City Code for the floodplain regulations of the Poudre River Floodplain, an area was identified for revision in the City's Land Use Code under Section 3.3.3 pertaining to"water hazards." Section 3.3.3 currently prohibits any development in floodplains that causes adverse effects to surrounding properties due to increased flood heights. However, Ordinance No. 71, 2000, authorizes development in the Poudre River Floodplain so as long as it doesn't cause a rise of more than 0.1-foot in water surface elevation of a one-hundred year flood. Therefore,it would appear that Ordinance No.71,2000 and Section 3.3.3. conflict with each other,and an amendment to the Land Use Code is needed to resolve that conflict. Also, another change is needed to clarify that development in the floodplain can not adversely impact any other properties,not just"surrounding properties." For these reasons, Ordinance No. 81,2000 is proposed to make the following revisions to Section 3.3.3 (A)(4) of the Land Use Code: • Add language specifying that with respect to development in the Poudre River Floodplain, an increase in flood heights of less than 0.1-foot caused by any development in the Floodplain would not be considered as causing a prohibited "adverse effect to any other properties." • Revise the language to state that adverse impacts would be applicable to "any other" properties, not just to"surrounding"properties. AGENDA ITEM SUMMARY ITEM NUMBER: 27 DATE: June 6, 2000 FORT COLLINS CITY COUNCIL STAB ike Smith/Bob Smith 'Nf9rsha Hilmes-Robinson SUBJECT: Items Relating to Standards for Development in the Poudre River Floodplain. RECOMMENDATION: Staff recommends adoption of the Resolutions and pfthe 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 ro ram to acquire floodplain properties with structures will be considered on an as needed bah,— an Conti_ ill . n er ch acquisition individually and appropriate funds from the Stet Drai e F�]�j�{T' aQ�aze� ded. � EXECUTIVE SUMMARY: A. First Reading of Ordin o. 20 n apter 10 of the City Code Concerning Standards, 'r De 1 men d`"` r Floodplain. B. Resolution 2000-81 D' t ger to sue 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, 2000 2 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 13-1 and includes the following regulations: Floodway or Product-Corrido`r"l 9gul�onc _ (0.1-foot rise Foodway and P, oduct o dov.of 6-or larger) - Floodway and Product C'tirridor t be modeled to allow development. - Public capital pr6jects'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 is' g d' 'al` ria erc'*' structures is encouraged. - Float le mate s on c ere t allowed. Floodplain (outside oo an oduct dor) 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 co s e l - Additions to re enti ctur n I e - Redevelopme f exist stru resid al uses is allowed. - Redevelopmen e ' i r co cial 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. DATE: June 6, 2000 3 ITEM NUMBER: 7 Resolution 2000-81 Poudre River Floodplain Acquisition Program 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.,.,'here 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 pro osed for the Poudre River Basin. Each basin will need to be reviewed with eye�� , d rtS wn ue, ar `ieristics. r G" Flood lain Regulation Cha s C " u a rificatra 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 COPY 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 4 ITEM NUMBER: 27 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 tharkthe 500-year discharge of 24,100 cfs. There has been one(1) death dtie to flooding ort'theaiver, RAbert Strauss, during the 1904 flood. Proposed Poudre River Floodplain Code Chang" 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. 4- The floodplain regulation optio inc i eyano fl v the d regulation criteria as defined in the matrix. The floodway ' ptions i,h lude e - of oodway (existing regulations — Option A), the 0.1-foot rise fl way(Option B-1),and`a a option that the floodway equals the floodplain(Option Q.In som tance e t topog 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 Pro ct Co '"or R 1 'o (0.1-foot rise floo ay and oduct o oy6arger) - Floodway and u o. d t be o 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: 27 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 am not allowed. s- - Redevelopment;of existing structure*for4esidential uses is allowed. - Redevelopment of existing structire 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 �l Mans Included is a map showing pGa lic ti 'vatg r ernes in a product corridor and floodway separated by City and County j ctions: sec ap sh a same information for the area lip 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. p Poudre River Floodplain Codc/j"stt Several new definitions have dew s jin 0-16 Y� nly 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.I-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'Pouhre Rtver'F[66dpIain Stuify, designates the boundaries of the Poudre River if loodplah'i, and iV.�s,Nlfie Director the ability to modify such boundaries in certat circumstances J • 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 outvthe,�ak'ngs dete i ocess-. Jr 1 Propose re dpla' egulations 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 Al ry ed t tect" See Section 10-16 for definition PROTECTION ex ing s es of"public infrastructure". See PROJECTS wh i Section 10-61(5) and 10-61(8), Master Drainage Plan. and 10-62. PROPERTY Purchase from willing X See Resolution PURCHASE sellers in the floodway and floodplain. NOTIFICATION Ngift 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 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 nrthe^,, X: See Section 10-63 for allowed DEVELOPMENT floodway orDroduct'4, uses. See Section 10-61(2) for co''dor, except pubic requirements for residential infrastrucfure, 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 pro du co idol RESIDENTIAL/ Re ` enti"' F all edl " See Section 10-61(2) for COMMERCIAL inte flood y, , ` residential development DEVELOPMENT flolaig� od requirements. See Section 10-61 cI ri od r 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, floo r ai f floodway, and product corridor, (5 o cum rve a subject to substantial su tantial improvement requirements. im ' uen . 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 inehideday<caze: crlm 1`;wi "critical facilities" and Section p schools, cemeteries.??� Orion ; . 10-53(4). and retail facilities tl& See to 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 h 3 `" 10-61 FLOATABLE N`t allowe the `' X° See Section 10-16 definition for MATERIALS flo, wa od r m. "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- inC a 61(2)e for residential fl plica requirements. See Section 10- to 61(3)e for nonresidential and imnt el 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. DATE: June 6, 2000 9 ITEM NUMBER: 27 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 include`drepresentatives from the Water Board,Planning and Zoning Board, Natural Resotrces Advisory Beard, Chamber of Commerce, citizens, property owners, Poudre River Trust, P udre Fire Authority,Sierra C1 , consulting engineering firm, real estate, Poudre Paddlers, Friends-:of the Roddre,'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 Own s A9soc ation v o p ' e " owners, the Siena Club, the Buckingham neighborhood,L mer Co ty,th eld ` ssociation ofNorthem Colorado, the Poudre River Trust,North ` t Bus' Ass ia� n,and th orthem Colorado Environmental Alliances Group. News media ude Pht alker Show, the Northern Colorado 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 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 ne aa�33' to et c ey received information they needed through other means. che+ is s of" e b and written comments received. Buckin ham and East of Le 3k F d ins 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 10 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 ittorrthat thipacquisition of properties would be a willing seller/willing buyer program and pro;r, with.tlte highest risk would receive the highest priority for acquisition.'1here and about 14 s�riictures 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 sto i b s�ta esmmth this assessment, because the Poudre River Basin is unique ' sever2 spect i g Ilowing: • The Poudre River is the st nve—To llins, 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 B hay I V;rned 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: 7 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: 0 Area of shallow flooding�clarifie's that the definition includes areas that are mapped as shallow flooding in City tlesignateEf 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 ari=c` en of d iiiAe Qondway under Section 10-55(4), such as group h es,* entiai f lit c gregate care facilities, schools and daycare, th4 a bein ciliti@ o` ed b ople at risk who may not be able to easily evac d flo Code h also been changed to clarify that retail facilities are not include 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 eith a ei y a • Manufactured "� me or He ht' c 'fy at manufactured home shall also mean mobile h e. Nonresidential s e-c . in a no ential 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 0 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. • 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. 0 10-37(c)(3)—Clarifying thai flobdplain infc T tion 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. - Clari-yulg thatt di s ve�meet elevation requirements. Clarifies that i ;' the "s ' ial fT d y az ' at this requirement pertains to. • 10-53 (2) b. 0 er�<: anfi io " at ad ons also have to meet elevation requirc ments. fan a r ' requ' ent 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. • 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.—Cl in tha_ diti ave a evation requirements,that this regulation appl' to -use 11, " d that this regulation applies to City designate , `shallo oodi • 10-53 (3)c.— t re , 'rement i or 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(A)-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: Attachments 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 cndcal tai cihties:' • Ordinance No. 71,2000 of the Council of the'Ci.ty 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 qjtr staff. • Questionnaire and summary�of op4n use,coJ' e, w�itki v batim comments attached. • Written comments from the�pubhc d City[y d c fissions. p r y PY 4 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 Study was recently completed which delineates 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 ofthe 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," '! loodproof:ng," "floodway, " "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 shown on the Flood 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. 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. 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 hazardous,flammable,explosive,toxic and/or waterreactive materials,liquids,gases and solids as such are defined in the Uniform Fire Code as adopted in § 9-1 and as amended in§9-2,but not including retail structures and facilities that only stock and store products containing such substances in factory sealed containers; hospitals, nursing homes, group homes, residential care facilities, congregate care 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. Floodproof 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. Floodway shall mean the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation of the base flood by more than five-tenths (5110) foot; provided, however, with respect to the Poudre River 2 • Floodplain as designated in § 10-60,floodway shall mean the channel of the Poudre River and adjacent land areas to the River that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation of the base 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, designed, or capable of being used,in whole or in part,for office,commercial,business,educational,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,with respect to the Poudre River Floodplain as designated in§ 10-60,regulatoryflood protection 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: 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 flood affecting the property. FEMA shall mean the Federal Emergency Management Agency. 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-hundred-year flood lain shall mean the w within y eland in a draina e a thm a P g Y • 3 community subject to a two-tenths (0.2) percent or greater chance 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 metal,plastic,or any other item or material likely to float. 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 of the floodway or product corridor. Letter ofmap revision(LOMR)shall mean a letter from FEMA officially revising the current National Flood Insurance Program 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 an existing structure or parcel of land that has been elevated by fill would not be inundated by the base flood. Mixed-use structure shall mean any structure that has only nonresidential uses in areas of the structure at or below the applicable regulatory flood protection elevation, but has residential uses in areas of the structure above the applicable regulatory flood protection elevation. Non-structural use shall mean any use of property which does not: (a)involve a structure; (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 increased erosion of the thalweg, bed or banks of any watercourse. Such uses could include,without limitation, general fanning,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-year flood such that the product is greater than or equal to six(6). 4 . Public infrastructure shall mean: any facility, excluding structures, of a public or private utility providing electric,telephone,cable TV,fiber-optic,telegraph,water, wastewater, storm sewer or any other public utility service; stormwater improvements identified in any city-approved drainage master plan; public roads, bridges and culverts; and traffic signaling equipment that is provided, required or authorized by any governmental entity having jurisdiction. Recreational facilities shall mean facilities or equipment that are used for private or public recreational or natural resource purposes that have a relatively low flood damage potential and do not involve a structure. This includes,without limitation: bicycle,equestrian or pedestrian trails and paths;gazebos;benches;ball fields;tennis and basketball courts;interpretive facilities;playground equipment;and golf courses. Recreational vehicle shall mean a vehicle which is: (1)built on a single chassis; (2) four hundred (400) square feet or less when measured at the largest horizontal projection; (3)designed to be self-propelled or permanently towable by a light-duty truck; and (4) designed primarily for use not as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. Redevelop shall mean to demolish a structure, or portion of the structure,to the foundation or to 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 Council 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, converted, 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 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: (10) Requiring that the provisions of this Article be applied to any structure located in an area of the city not mapped as part of FEMA's Flood Insurance Study referred to in §10-19(a) and not included in any city designated floodplain as established pursuant to §10-19(b), but in an area known to the Director to have experienced flooding in 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 corridors in which the proposed development is to be located; and cross section locations and base flood elevation 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('/z)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 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. (e) 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. (g) Variances shall only be issued upon the determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (h) 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 threat to public safety or to public or private property, any extraordinary public expense, any nuisance or trespass, any fraud on or victimization of the public as identified in this Chapter, or conflict with existing local laws or ordinances. (i) 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. New construction of arkny 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 areas 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 construction ofmAmy nonresidential ormixed-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: 8 • 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 [21 feet if no depth is specified), or (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 shall post and maintain written notices in conspicuous locations on each floor of the structure in such form, locations and numbers as are reasonably necessary to inform the occupants of the structure that the 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 material, as such material is defined in the Uniform Fire Code adopted in § 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 . 9 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 a 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 critical 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. POUDRE 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. 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 and product corridor, as established in the Poudre River Floodplain 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 and 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. 10 • 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 prohibited. C. Substantial damage. Any residential structure in the floodway or . product corridor that has suffered substantial damage shall not be 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 corridor which is not otherwise prohibited by this Division 4 shall have the lowest floor of the structure,including any basement or crawl space, elevated to or above the regulatory flood protection elevation. 2. Any existing residential structure located in that portion ofthe floodplain outside of the floodway and the product corridor that has suffered substantial damage may be reconstructed, provided that the lowest floor of the structure, including any basement or crawl space, is elevated to or above the regulatory flood protection elevation. • 11 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 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 the floodway and product corridor. C. Substantial damages. Any nonresidential or mixed-use structure in the floodway or product corridor that has suffered substantial damage shall not be reconstructed. d. Redevelopment. The redevelopment of a nonresidential or mixed-use structure in the floodway or product corridor is prohibited. e. Elevation and floodproofing requirements. I. 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,or the redevelopment of a nonresidential or mixed- use structure is permitted by this Division 4, the structure shall either have the lowest floor,including any basement or crawl space, elevated to the level of the regulatory flood 12 protection elevation or,together with any 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 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 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 b this Division 4 and the structure is P Y located or is to be located in the AO Zone as shown on the FIRM,the structure shall have the lowest floor,including any • basement or crawl space,elevated above the highest adjacent grade at least twenty-four(24)inches above the depth number specified in feet on the FIRM(at least two [2]feet if no depth is specified), or together with any attendant utility and sanitary facility,be completely floodproofed to that level and meet the following additional floodproofmg standards: (i) be floodproofed so the structure is water tight with walls substantially impermeable to the passage of water; (ii) have 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 2. are satisfied. 3. With respect to any construction of a new nonresidential structure authorized under this Division 4 and any addition or • 13 substantial improvement to an existing nonresidential or mixed-use structure within areas of shallow flooding that is authorized under this Division 4, adequate drainage paths around such structures on slopes to guide flood waters around and away from them shall be required. 4. The owner of a floodproofed structure shall post and maintain written notices in conspicuous locations on each floor of the structure in such form, locations and numbers as are reasonably necessary to inform the occupants of the structure that the building 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) 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, floodway or product corridor on or before July 1, 2000. b. Any recreational vehicle located on residential property in the floodplain, floodway or product corridor shall be fully licensed and ready for highway use at all times when located on such property. (5) Fill. No person shall place any fill in the floodway or product corridor unless it is related to the development of public infrastructure or publicly- owned recreational facilities, in which case 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 in the floodway and product corridor are on the mining site. Eligibility for a letter of map revision based on fill from FEMA shall not be considered an exemption from this prohibition. (6) Fooatable materials. No person shall temporarily or permanently store any floatable material on nonresidential property that is located in the floodplain, floodway or product corridor; provided, however, that nonresidential properties in the floodplain, floodway or product corridor having floatable materials stored on them prior to July 1, 2000, shall be permitted to continue to have floatable materials stored on them until the earlier of: July 1, 2002; when there is any change in use of the property; when a new structure is constructed on the property; or when there is any 14 addition to or substantial improvement of an existing structure on the P Y g . property. This paragraph(6) shall,not, however,apply to'operable motor vehicles parked temporarily on property for the purpose of customer or employee parking,or to a business's temporary outdoor display of inventory during its usual hours of operation. (7) Dryland access. In the event that the construction of a new structure or addition to or substantial improvement of an existing structure is permitted under this Division 4,dryland access shall be provided for such structure. (8) Floodway modifications. Floodway modification 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 any such modification for mining shall only occur on the property being mined, and if any property is removed from the floodway or product corridor because of such modification for mining,the property so removed shall not thereafter be used for the construction of any 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 all • applicable provisions of this Code and the city's Land Use Code(including, without limitation,Land Use Code§3.33),property located in that portion of the floodplain outside the floodway and product corridor may be removed from such floodplain area if one (1) 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 the 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 the floodplain, there is dryland access on the property, and there is dryland access from the property to a publicly maintained street or road and such access and street or road would not be flooded by 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, 15 any development on the property shall comply with all requirements and prohibitions of this Article pertaining to the five-hundred year floodplain. (c) If property is removed from the floodplain in accordance with paragraph (a)(2)of this Section,any structure 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 and, if the structure is a manufactured home, it shall also comply with all the requirements of§10-54. Sec. 10-63. Uses allowed in floodplain, floodway and product corridor. Non-structural uses, public infrastructure and recreational facilities shall be allowed 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 city's applicable zoning and land-use laws and regulations. Redevelopment and substantial improvement of existing 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 nonresidential structures and additions, substantial improvements to, and redevelopment of,existing nonresidential and mixed-use 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. The rehabilitation of residential,nonresidential and 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 provision of this Division 4 shall follow the takings determination provisions of Division 2.13 of the city's Land Use Code before instituting any judicial proceeding against the city claiming a taking of their affected property. 16 • 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 Passed and adopted on final reading this 20th day of June, A.D. 2000. Mayor ATTEST: City Clerk • • 17 • ORDINANCE NO. 81, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 3.3.3 OF THE CITY'S LAND USE CODE CONCERNING DEVELOPMENT IN THE POUDRE RIVER FLOODPLAIN WHEREAS, on June 6, 2000, the Fort Collins City Council adopted on first reading Ordinance No. 71,2000 amending Chapter 10 of the City Code to enact new and specific floodplain regulations for the Poudre River Floodplain; and WHEREAS, Ordinance No. 71, 2000 will allow nonresidential and certain mixed-use development in that portion of the Poudre River Floodplain located outside the floodway and the product corridor of the Floodplain, since it has already been determined that such development will not cause a one tenth (1) of a foot rise or more in the water surface elevation of the Poudre River Floodplain during a one-hundred year storm; and WHEREAS,Ordinance No. 71,2000 therefore contemplates that such development in that area of the Poudre River Floodplain outside the floodway and product corridor will be allowed even though it might cause a rise of less than a tenth (.1) of a foot in the water surface elevation of the Floodplain during a one-hundred year storm; and WHEREAS, Section 3.3.3.(A)(4) of the City's Land Use Code currently provides that development shall not be allowed in floodplains unless development is designed so as not to cause . any adverse effects to any surrounding properties due to an increase in flood water heights; and WHEREAS,Section 3.3.3.(A)(4)should be amended to clarify that nonresidential and certain mixed-use development in that portion of the Poudre River Floodplain outside the floodway and product corridor will be permitted,even though it might cause an increase of less than one tenth(.1) of a foot in the water surface elevation of the Poudre River Floodplain during a one-hundred year storm; and WHEREAS, Section 3.3.3.(A)(4)should be further amended to clarify that development in the floodplain must not have any adverse effects to gny other properties, and not just"surrounding properties." NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 3.3.3(A)(4) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: 3.3.3 Water Hazards (A) Lands which are subject to flooding or are located in a natural drainageway shall not be approved for development or redevelopment unless the following conditions are met: (4) any development in any 100-year floodplain is designed so as not to cause any adverse effects to the development or to sartamxdingany other properties from either increased flood heights, flow velocities, flow duration, rate of rise of flood waters, channel stability or sediment transport; provided, however,that any development permitted in theFo4*River Floodplain as such floodplain is designated in§10-60 ofthe City Code, shall not be considered as causing an adverse effect to any other properties by reason of increased flood heights if such development does not cause a rise-of more than one-tenth(.1)of a foot in the base flood elevation of the Poudre River Floodplain. Introduced and considered favorably on first reading and ordered published this 20th day of June, A.D. 2000, and to be presented for final passage on the 18th day of July, A.D. 2000. Mayor ATTEST: City Clerk Passed and adopted on final reading this 18th day of July, A.D. 2000. Mayor ATTEST: City Clerk