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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/20/2004 - SECOND READING OF ORDINANCE NO. 057, 2004, AMENDIN ITEM NUMBER: 10 AGENDA ITEM SUMMARY DATE: April 20, 2004 FORT COLLINS CITY COUNCIL STAFF: Jim Hibbard Bob Smith SUBJECT Second Reading of Ordinance No.057,2004,Amending Chapter 26 of the City Code to Reflect the Adoption of Updated Master Drainage Plans And to Revise the Official Repository of Plan Documents. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY This Ordinance,which was unanimously adopted on First Reading on April 6,2004,updates current City Code references to the master drainage plans for the various basins in the city by repealing and reenacting Code Section 26-543(a). ORDINANCE NO. 057, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CITY CODE TO REFLECT THE ADOPTION OF UPDATED MASTER DRAINAGE PLANS AND TO REVISE THE OFFICIAL REPOSITORY OF PLAN DOCUMENTS WHEREAS, Section 26-543 of the Code of the City of Fort Collins adopted by reference and declared a part of the City Code a master drainage plan for each of eleven areas of the city, for use as the basis for City storm drainage capital improvements planning and determinations related to storm drainage impacts and requirements for developments in the city; and WHEREAS, City staff has developed updated master drainage plans analyzing storm drainage in the various basins of the city (the "Updated Plans"), which Updated Plans are on file and available for public inspection at Utilities; and WHEREAS, staff has summarized and outlined the conclusions of each of the Updated Plans in a "Stormwater Master Plan Executive Summary Report", dated September 2003 (the "Executive Summary"), which is on file in the office of the City Clerk and available for public inspection; and WHEREAS, the Updated Plans and Executive Summary have been reviewed by the City's Water Board, Parks and Recreation Board, Affordable Housing Board, Landmark Preservation Commission, Natural Resources Advisory Board, and Planning and Zoning Board, and comments received from these boards have been addressed in the final preparation of the Updated Plans and Executive Summary; and WHEREAS, the City's Water Board, the Planning and Zoning Board and the Natural Resources Advisory Board took formal action and unanimously passed individual motions recommending adoption by City Council; and WHEREAS, staff presented the Updated Plans and the Executive Summary to the City Council for Council review at its Study Session of January 13, 2004, and at that time received direction to present the same to the Council for approval; and WHEREAS, the modification of City Code Section 26-543(a) so as to provide a current reference to the Updated Plans instead of the previously approved plans will assist the public in identifying the applicable storm drainage plans and requirements applicable in particular locations throughout the city; and WHEREAS, for the foregoing reasons, the City Council wishes to amend the City Code in order to reflect the approval of the aforementioned Updated Plans, as generally described and summarized in the Executive Summary; and WHEREAS, City Code Section 26-543(b) currently requires that master drainage plans be on file with the office of the City Clerk, but those records can be maintained more efficiently and effectively by Utility Services, given Utilities' role in reviewing and implementing the plans; and WHEREAS, in order to allow the master drainage plans and updates thereto to be maintained on file at Utilities, a modification of said Code language is necessary. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Chapter 26 of the Code of the City of Fort Collins is hereby repeal and reenact Section 26-543(a), to read as follows: See. 26-543. Master drainage plans. (a) Master drainage plans are hereby adopted by reference and declared to be a part of this Article for the following stormwater basins of the city: (1) McClellands Creek Master Drainage Plan Update, prepared by ICON Engineering, Inc., dated November 2000 and revised March 2003; (2) East Harmony Portion of McClellands Creek Master Drainage Plan Update, prepared by ICON Engineering, Inc., dated August 1999 and revised July 2001; (3) Foothills Basin, prepared by URS Corporation, Inc., dated April 2003; (4) Dry Creek Master Plan, prepared by URS Corporation, Inc., dated December 2002; (5) West Vine Master Plan, prepared by URS Corporation, Inc., dated November 2002; (6) Spring Creek Basin Master Drainage Plan, prepared by Anderson Consulting Engineers, Inc., dated June 2003; (7) Fossil Creek Drainage Basin Master Drainageway Planning Restudy, prepared by ICON Engineering, Inc., dated February 2003; (8) Old Town Basin Master Drainage Plan, prepared by Anderson Engineering Consultants, Inc., dated September 2003; (9) Fox Meadows Basin Drainage Master Plan Update, prepared by ICON Engineering, Inc., dated December 2002 and revised February 2003; (10) Mail Creek Master Plan, prepared by URS Corporation, Inc., dated April 2003; (11) Cache la Poudre River Master Drainageway Plan, prepared by Ayres Associates, Inc., dated August 2001; (12) Boxelder/Cooper Slough Basin, prepared by Anderson Consulting Engineers, Inc., dated December 2002 and revised November 2003; and (13) Canal Importation Master Drainage Plan, prepared by Anderson Consulting Engineers, dated April 2001. Section 2. That City Code Section 26-543(b) is hereby amended to read as follows: (b) The General Manager shall maintain the above master drainage plans on file in the office of the Utilities. The General Manager may adopt additional master drainage plans by reference and declare them to be a part of this Article and copies of such master drainage plans shall be on file in the office of the Utilities. Any such plan may be modified by the General Manager, for the sole purpose of enhancing such plan, provided that such enhancement does not diminish the general purpose and specific objectives of the adopted plan and does not diminish the ability of the plan to address the disposition of stormwater runoff in the applicable basin, and if modified, the modification shall be filed in the office of Utility Services. Introduced and considered favorably on first reading and ordered published this 6th day of April, A.D. 2004, and to be presented for final passage on the 20th da April, A.D. 2004. M yor ATWEST: City Clerk Passed and adopted on final reading this 20th day of April, A.D. 2004. Mayor ATTEST: City Clerk ITEM NUMBER: 16 AGENDA ITEM SUMMARY DATE: April 6, 2004 FORT COLLINS CITY COUNCIL STAFF: Jim Hibbard Bob Smith SUBJECT First Reading of Ordinance No. 057, 2004, Amending Chapter 26 of the City Code to Reflect the Adoption of Updated Master e A ' e Official Repository of Plan Documents. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. The Water Board, Natural Resources Advisory Board and the Planning and Zoning Board recommend adoption of the Ordinance. FINANCIAL IMPACT T Staff believes the recommen $13Vion ' C funded od control projects is achievable under the current funding plan m ppr years. �s funding plan calls for 6 percent increases in rates for each of the next four years,then level for the next twenty years. City Council sets stormwater rates as a part of the budget process, which in turn determines the length of time required to build out the master plans. EXECUTIVE SUMMARY The Ordinance updates curre ity o re nc t as drainage plans for the various basins in the city by re in nd ree ting on 43(a). A number of the master drainage plans have been upd do d s' e e related de language was modified. This is in part due to the fact that in 1 , e Ci ounce adopted a igher rainfall standard based upon a technical analysis of rainfall statistics, which resulted in modifications to the master plans. In addition, updated topographic information, changes in conditions, and better technical data and methods has resulted in other improvements from the previously listed plans. Staff has prepared a Stormwater Master Plan Executive Summary Report that summarizes citywide information and presents brief summaries of the master plan for each basin. The summarized basin master plans strive to design projects that provide cost-effective flood protection for a 100-year rainfall event. The basin master plans recommend a number of flood control and other types of improvements. In addition, the Ordinance modifies City Code Section 26-543(b), so as to provide that the master drainage plans and updates to those plans will be maintained on file in the office of the Utilities, April 6, 2004 -2- Item No. 16 rather than the office of the City Clerk. This change is to improve the efficiency and effectiveness of the use and maintenance of those records. BACKGROUND The Master Plan Executive Summary takes a detailed look at the flooding and water quality problems in each basin and provides the general direction for stormwater management in those basins. The stormwater basin master plans include: 1. Recommende Croje homes and businesses, the potential for 1 JatPasinY, froads, 2. guidance for ne 3. guidance for enhancements to the riparian habitat along stream corridors to improve water quality, and 4. guidance for stabilizing streams where necessary. The stormwater master plans strive to design projects that provide cost-effective flood protection for a 100-year rainfall event. The Master Plan Executive summary outlines plan-recommended projects to solve existing flooding problems on both structures a n t u P56%�s, lects do reduce the floodplain on undeveloped land inadve ntly. is us s the problem is downstream of undeveloped land and the solu is u s am. on developed land does not constitute a public problem, reduction of odp upe is not a goal of the master plan. New development in a floodplain is required to adhere to the floodplain regulations. In 1999, Council adopted a higher rainfall standard based upon a technical analysis of rainfall statistics. Higher rainfall resulted in higher runoff and larger floodplains. This required an update to all master plans to reflect the higher rainfall and reevaluate the needed capital improvements. In 2001, Council adopted a revised Canal Importation Basin Master Plan. In 2001, Council approved a to 12 '1 n i st ter improvements over the next 25 years on a pay-as-you-go sis. thly s typi residential customer in 2004 are $14.26. By 2008, monthly fe r t t 'ca si ntial oust er will be $18.35. Monthly fees will return to maintenance levels in approximately 25 years. New development pays a storm drainage impact fee. Revision to the impact fee will be brought to Council after adoption of the new master plan. Colorado and Federal laws require the city to regulate to the 100-year storm event. This means the 100-year storm is used to map the regulatory floodplain and enforce floodplain regulations. The City,through Storm Drainage Design Criteria and Construction Standards,also requires developers to use the 100-year storm for the design of new drainage facilities. Current City policy is master plans should recommend improvements that provide 100-year protection when the benefits of projects outweigh their costs. In 2001 Council requested staff to include in future master planning efforts an analysis of providing flood protection for events less severe than the 100-year flood event. April 6, 2004 -3- Item No. 16 Existing Conditions Damage Statistics All basins have been analyzed based on the higher rainfall, resulting in higher runoff flows, and deeper and wider floodplains. The studies show significant flooding problems in a variety of locations around the city with the following results: 1. damage could occur to more than 2,600 structures during a 100-year storm, 2. the estimated damage from a single 100-year storm would be approximately$142 million, and 3. if nothing is done to th is n s eYdges over the next 50-years are estimated to beover$ 3 millThe 2003 Stormwater Master m�xe e S mar In general, the recommended projects include construction or enlargement of detention ponds, construction of open channels and storm sewers,and enlargement of road culverts. Because master plans are conceptual in nature,the projects proposed may change based upon actual field conditions at the time of final design. The attached Stormwater Master Plan Executive Summary Report (September 2003)provides an overview of the technical process and recommendations of the master plans from all basins. The first several pages contain a summary of citywide information. This is followed by one or two page su 'es ach Yba5jamaster plans strive to design projects that provide cost-effe e fl ote n rinfall event. The master plans recommend: 1. $164 million in flood control projects, $132 million in the City and$32 million funded by the County and others, 2. $42 million in projects funded by partners (development,grants,etc.)as opportunities arise for water quality enhancements, and localized drainage improvements, 3. standardized development criteria to reduce peak flow leaving newly developed sites to 2- years historic or equivalent (many basins already had this requirement), 4. regional water quality treatment opportunities to improve the quality of stormwater runoff and, 5. expanded wetlands anC e p ' n or, sties along natural channels to improve the quality of runoOverall, the basin master pla o na he maj of structural damages caused by flooding in the city. Staff estimates flood damage will be eliminated on approximately 2,200 structures,almost 85%of the total number of damaged structures. The following table summarizes the benefits of the recommended master plans. April 6, 2004 -4- Item No. 16 Benefit of$164 Million in Flood Control Projects Before I After Property Damage Over the Next 50-Years $353 million $63 million Number of Structures Damaged by 100-Year Storm 2,600 400 In addition to the above tangible benefits of reduced damages to structures,the following intangible benefits are not included in the estimates: 1. reduced damages to v icles an(),Pture, 2. reduced emergency res se housing costs, 3. streets are open during flooding events for emergency response vehicles, 4. improved water quality, environmental enhancement, and providing a feeling of safety and security for citizens, and 5. reduced risk of injury and/or loss of life. To the extent possible, the proposed flood control projects provide opportunities to enhance and expand wetlands and natural habitat areas to improve the quality of storm runoff. Recommendations to retain and improve existing riparian habitat along the natural channels are also included. Staff believes the completion $132 rl lion i C de d control projects is achievable ima under the approved funding p in ap years. The proposed Boxelder/Cooper Slough Master Plan currently recommends improvements in Boxelder/Cooper Slough basin to solve flood damage problems in the Mulberry/1-25 area. However, this basin does have a large amount of undeveloped land in the floodplain as well as a large amount of land in the Mountain Vista Subarea that does not have an adequate drainage outfall. Additional study by both the City and the County has begun in order to determine development guidance and identify possible solutions to stormwater issues in these areas. Staff will return to Council with the results of this additional study if necessary. Reduced Level of Protection al )InOCoPil The recommended plan of i rove n pr iding a 100-year level of flood protection whenever it is cost effec ve. ske s aff to look at the costs and benefits of providing a reduced level of protection in future master planning efforts. Staff looked at a 50- year level of protection for this analysis. Under this scenario, the regulatory floodplain is still mapped using the 100-year storm and property and structures remaining in the floodplain after projects are built are subject to flood damages and floodplain regulations. April 6, 2004 -5- Item No. 16 The following table shows the costs and benefits of the 50-year level of protection plan and provides a comparison with the recommended 100-year level-of-protection plan. Reduced Level of Protection Analysis 100-Year Level of 50-Year Level of Protection Protection Cost of Flood Control Projects $ 164 million $ 141 million Property Damage Reduced $290 million $ 146 million Number of Stru Damages ElimilSted 11 200 5 Although the cost of the 10 la ' ' e favors benefit to cost ratio shows the effectiveness of the plan. Compared to the lower level of protection plan,an additional$20 million in projects will result in$144 million in damage reduction on 700 structures. This extra investment also represents a significant reduction in risk to the citizens. At the January 13, 2004 Study Session, City Council supported the 100-year level of protection. Public Outreach The process of informing prop e r basins of upcoming changes to both the master plans and odplai gula n e i y 2002 and continued until late 2003. A variety of communic 'on tool uch u omer mai gs, web pages,press releases and media interviews, public meets d ou and ou ch to both internal and external groups potentially affected were used. In 2002,customers most affected by floodplain boundaries and proposed regulations were identified as the primary focus of initial outreach. Because a significant number of those within the mapped floodplains are Larimer County residents, City and County staff collaborated on public outreach. Eight public open houses were held to provide an opportunity for customers and staff to discuss the information included in the mailin s as well as the master lannin process. Customers received mailed invitations and open ho es w ve d VUes s Coloradoan and North Forty News. At the same time,web ges we devel e eWeb site to provide additional information. Over 4,000 pac s we ail e n 250 peop attended the 8 open houses held during the year. In 2003, public outreach was expanded to include all property owners and renters in the City's stormwater drainage basins,not just those within the mapped floodplains. At a kickoff open house held in February, property owners and renters were invited to learn more about the City's stormwater drainage basins, floodplains and regulations, safety and flood protections, and the regional weather patterns that can result in flash flooding. April 6, 2004 -6- Item No. 16 Following the kickoff,nine additional public open houses were held. Information presented at the open houses consisted of basin-specific information as well as information about the citywide planning process, including: 1. flooding histories for each basin, 2. maps showing identified basin problems, 3. maps showing proposed solutions, 4. proposed floodplain regulations, 5. stormwater project fundin , and 6. the process for adoptio f m Ian ' g n lai regulations. Over 62,000 pieces of mail ere inc i informa nal packets, basin-wide kickoff invitations, open house invitatio and le s to commum y organizations. Publicity for the outreach campaign included media releases and briefings, and advertising in local media. The nine open houses were attended by 470 people. Of the 24 community organizations contacted, seven asked for presentations or more information. Presentations were made to six City Boards, including the Water Board,the Natural Resources Advisory Board,the Planning and Zoning Board, the Affordable Housing Board, Landmark Preservation Board and Parks and Recreation Board. Comment forms were availabl o u e lilies Web site. Thirty-three comment forms were submit A gh st f s attended open houses did not comment formally on either t propos mast p r floo lain regulations, almost everyone got a chance to express their v t Comments received on master plan issues can generally be summarized as follows: 1. support for specific projects, build as soon as possible, 2. support for master planning as a whole, it seems reasonable, 3. questions about local drainage issues, 4. make sure water quality is an integral part of capital projects, 5. concern projects don't encourage mos uitoes, 6. support for the 100-yeCns f ote n 7. do more to protect citi8. implementation of theI is a ensive, ding is rare, 9. balance habitat protection with recreational users, 10. keep streams natural, not structural, 11. questions about impact of recent nearby development, 12. concern that projects remove vacant land from the floodplain, which allows development, and 13. would like to see funding changed back to basin by basin,floodplain properties should pay more. In March of 2004, about 10,000 post cards were mailed to customers who live or have property in floodplains, informing them that the updated basin master plans would be considered by City Council on April 6. April 6, 2004 -7- Item No. 16 ATTACHMENTS Stormwater Master Plan Executive Summary Report Stormwater Master Plan Summary Table Flooding History in Fort Collins Recommendation from Water Board Recommendation from Natural Resources Board Recommendation from Planning and Zoning Board January 13, 2004 Study Session