HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/06/2010 - FIRST READING OF ORDINANCE NO. 037, 2010, AMENDING DATE: April 6, 2010 A A A .
STAFF: Jon Haukaas, Bob Smith
Marsha Hilmes-Robinson
First Reading of Ordinance No. 037, 2010, Amending Section 10-80 of the City Code to Prohibit Certain Residential
and Mixed-use Construction on Properties Removed from the Poudre River Floodplain Through the LOMR-fill Process.
EXECUTIVE SUMMARY
The Federal Emergency Management Agency has a process to remove property from the floodplain by the placement
of fill called the Letter of Map Revision Based on Fill (LOMR-Fill). The current Poudre River regulations do not allow
new residential or mixed-use structures or additions in the Poudre River flood fringe. This prohibition was adopted
due to the life-safety risk of allowing people to sleep in the floodplain. However, if a LOMR-Fill is granted, these
regulations do not apply, causing an inconsistency. The proposed ordinance removes that inconsistency and will not
allow a new residential or mixed use development on a LOMR-Fill.
NOTE: This Ordinance is not related to the proposed State of Colorado Floodplain Regulations.
BACKGROUND / DISCUSSION
The Federal Emergency Management Agency(FEMA) has a process called a Letter of Map Revision Based on Fill
or LOMR-Fill. Under this process, landowners may place fill (dirt) on their property in the floodplain fringe (the land
between the floodway of the Poudre River and the boundary of the floodplain)to just above the 100-year flood level.
If the landowner files a LOMR-Fill and it is approved,the property will be removed from the floodplain and the property
owner will no longer be required to purchase flood insurance. As part of the application for a LOMR-Fill,the City must
sign-off that any existing or future structures will be "reasonably safe from flooding." The LOMR-Fill process is a
method to remove the flood insurance requirement, but is not intended to be used to avoid the floodplain regulations
that protect the structure from flood damage and protect human health and safety.
The City has established several criteria that apply in these LOMR-Fill situations. Per City Code, properties in the
Poudre River basin that receive a LOMR-Fill are still subject to the following:
1. Two foot of freeboard is required (i.e., the lowest floor of a structure must be elevated or flood-proofed two
feet above the 100 year flood elevation);
2. Critical facilities are prohibited, such as daycare centers or nursing homes; and
3. Manufactured home parks are prohibited.
These same restrictions apply to properties that do not go through the LOMR-Fill process.
There is currently one City regulation that does not apply when a LOMR-Fill is obtained, but is required in all other
situations, therefore causing an inconsistency in the City's regulations. The current Poudre River regulations do not
allow new residential or mixed-use structures or additions in the Poudre River flood fringe. This prohibition was
adopted due to the life-safety risk of allowing people to sleep in the floodplain. However, if a LOMR-Fill is granted,
these regulations do not apply.
To remove this inconsistency, City Code Section 10-80a(2),would be modified to prohibit residential and mixed-use
structures and additions from being constructed on the LOMR-Fill area in order to protect people and property from
flooding. This existing prohibition would then apply regardless of whether the LOMR-Fill was used to eliminate the
flood insurance requirement.
Affected Properties
This Code change is only applicable to properties in the Poudre River flood fringe(the land between the floodway of
the Poudre River and the boundary of the floodplain). These areas are shown in light blue on Attachment 1. It does
April 6, 2010 -2- ITEM 13
not affect existing structures, only future residential and mixed-use structures. These prohibitions are not applicable
when a full LOMR that involves hydraulic modeling (accounting for all changes: fill, channelization, culverts, etc.) is
approved by FEMA(i.e., the River Walk development).
City Council Work Session
On December 8, 2009, City Council held a work session on the Stormwater Program Review. At this meeting, City
Council reviewed the Water Board's recommendation to not allow residential and mixed-use structures or additions
on LOMR-Fills. Council directed staff to prepare this change for adoption.
FINANCIAL IMPACT
Property owners in the Poudre River flood fringe will have fewer options for the type of development that can occur
in the Poudre River flood fringe,thus resulting in some short-term financial impact to property owners. This regulation
will help minimize the financial impact to individuals and the community when a flood happens due to not having
additional residential or mixed-use structures in the floodplain.
SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
Economic Impacts
1. New residential and mixed-use structures will not be able to be constructed in the floodplain.
2. Structural damage potential of residential or mixed-use structures from flood events will be reduced.
3. Necessary time off work for personal property clean-up and recovery efforts will be reduced with lower
damage potential.
Environmental Impacts
1. Minimizes the loss of riparian habitat through development and hardscaping.
2. Reduced number of potential of residents immediately adjacent to the river corridor.
3. Less impact from hazardous material contamination.
Social Impacts
1. Reduced threat to life safety by preventing residential sleeping quarters from being constructed in a high-
hazard area.
2. Removes residential or mixed-use development opportunities from some lands near the Poudre River,thereby
adding restrictions to allowable uses on private lands.
3. Not everyone agrees when trying to balance risk with regulation.
4. Inconsistent with current Larimer County regulations.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BOARD / COMMISSION RECOMMENDATION
The Water discussed the City's floodplain regulations and the LOMR-Fill requirements at its August 2009 meeting,
during a work session in September 2009 and its November 2009 meeting. At its November 2009 meeting,the Water
Board unanimously supported the change due to the life-safety risk and making the regulations consistent.
April 6 2010 -3- ITEM 13
PUBLIC OUTREACH
A mailing of approximately 77 letters were sent on February 26th to all property owners within city limits that own land
in the Poudre River Flood Fringe. In response to the letter, approximately 7 property owners responded to the mailer
and those discussions did not reveal any strong opposition to the proposed change. The Chamber of Commerce Local
Legislative Affairs Committee also discussed this item at its November 2009 meeting.
On February 24th, City staff met with Larimer County staff to brief the County on this proposed regulation change.
County staff held a work session with the Larimer County Commissioners on March 25th. Because this meeting was
a work session, no formal action was taken by the County Commissioners. However, the following points were made
by the Commissioners:
1. They understood why the City was trying to close the loophole; and
2. They understood the safety concern of having people sleeping in the floodplain; and
3. They understood that unless the County changes its regulation to match the City, as properties are annexed
into the City, there will be some properties that will be considered nonconforming.
ATTACHMENTS
1. Poudre River Floodplain Map
2. City Council Work Session Summary, December 8, 2009
3. Water Board Recommendation Memo and Meeting Excerpts
4. Letter to Property Owners regarding potential changes to the floodplain regulations on LOMR-Fill.
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ATTACHMENT 2
Utilities Executive Director
City O� electric . stormwater . wastewater. water
4 ' 700 Wood St.
Fort Collins FPO
o Box
580
Fort Collins, CO 80522
970,221 ,6702
970.416.2208
970.224.6003 TDD
uti1ifies@tcqov.co
kgov.com/utilities
MEMORANDUM
Date . December 10, 2009
To . Mayor Hutchinson and City Council members
Through . Darin Atteberry, City Manager
Brian Janonis, Utilities Executive Director }
From . Jon Haukaas , Water Engineering and Field Operations Manager
Reference : December 8, 2009 Work Session Summary — Stormwater Program Review
Brian Janonis , Utilities Executive Director and Jon Haukaas, Water Engineering and Field
Operations Manager, presented Council with a brief overview of the work done to date on the
Stormwater Program Review. Council members present included Mayor Doug Hutchinson,
Mayor Pro Tem. Kelly Ohlson, David Roy, Lisa Poppaw and Aislinn Kottwitz.
Council members reviewed and discussed materials provided and offered feedback on nine (9)
key questions . Key discussion and feed-back by Council :
1 . Purpose Statement
Council supports a change to the language to include specific examples of the three Triple
Bottom Line components : economic, social and environmental. This will allow a balance of
all three components .
Two Council members requested that wildlife habitat be mentioned rather than natural areas .
Remove the preamble of "The City Council finds, determines and declares" and simply begin
statement with "The City' s integrated . . . "
2. Best Management Practices (BMP) Policy Update
Council supports pursuing the five recommendations of the BMP report. Clarification was
given by staff of the difference between the Watershed Management Team and the Citizen
Advisory Board. The former will be made up of staff from various City departments . The
Advisory Board may be made up of appointed citizens, perhaps members of existing Boards
and a representative from Colorado State University, who may then oversee the policy issues
carried out by the Management Team.
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3 . Investigate a New Cost Share System
Several Council members expressed concern that a small group receives benefits from
projects paid for by all the citizens, for example, undeveloped properties .
It was also pointed out that having an even rate across the city is fair since flood protection
can be equated to fire and police protection.
There is support from Council to investigate this issue further. There is some concern about
the amount of staff time this will take; therefore, staff will prepare a scope of work and a
timeline for Council ' s consideration.
4. Fund Stream Restoration Projects with Stormwater Funds
This is supported, as long as the restoration is clearly for stormwater purposes . Since the
extent of the expenditures is unknown, it' s difficult to provide detailed direction now.
When the master plans are updated, they will include recommended stream restoration
projects and their costs . Council will have the opportunity to review the master plans as well
as a revised financial plan which includes stream restoration costs .
5 . Poudre River Floodplain Regulations LOMR-Fills
This change closes a loop hole in the current regulations and provides staff the authority to
not sign LOMR-Fill applications over FEMA' s decision. Council supports investigating this
further and bringing back code language changes for their consideration.
6 . Poudre River Floodplain Regulations — Change 0. 5 ft. Floodway to 0. 1 ft. Floodway
Council supports further investigation of this change.
There is support for restricting development in the floodplain, but further information is
needed. There is also concern about why the City would want to change something that was
put in place only two years ago . Is it good governance to make a major change so soon?
What is the County' s opinion? What is the history behind the 2007 regulation change?
Staff will provide the history of the 2007 change, and prepare a scope of work and timeline
for this investigation for Council information.
7 . Poudre River Floodplain Regulations — Restrict All Structures in the Floodplain
Council supports further study of this regulation change. This work will take place in 2010,
but does not need to be done on the exact timeline as the City Plan update. Staff will prepare
a scope of work and timeline for the investigation for Council ' s information.
8 . Update Master Plans Using a Triple Bottom Line Anal
Council supports this . Staff will explain the scope and process to accomplish this as well as
prepare a timeline for completion. Work will begin in 2010.
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9 . Adoption of Landscape Design Standards and Guidelines for Stormwater and Detention
Ponds
Council supports adoption of the standards and guidelines . Staff will move forward with the
adoption process .
Staff will continue with the programs implemented to date, and begin the research and public
education on the additional components being considered.
Staff will prepare the information requested by the City Council to include:
- The cost of Stormwater Capital Projects dating back to 1995 .
A scope and timeline for each component of the Stormwater Repurposing effort.
Agenda items for approval and final action by the City Council as they are completed.
Page 3 of 3
ATTACHMENT 3
Utilities — Water Board
700 Wood St.
FPOort
Box 580
Fort Collins . 80522
Collins
970.221 .6702
970 416 .2208 fax
fcgov.com
MEMORANDUM
DATE , November 23 , 2009
TO : Mayor Doug Hutchinson and City Council Members
FROM : Gina C . Janett, Water Board Chairperson
CC : Brian Janonis, Utilities Executive Director
RE: Water Board Recommendations concerning Stormwater Re-Purposing
Over the past year, the Water Board has spent many hours reviewing documents and hearing
presentations from staff on the stormwater repurposing review . We have also conducted a work
session to allow for detailed Board discussions before preparing our recommendations, below . I
have numbered the Board' s recommendations continuously to make it easier for discussion .
I look forward to attending your Work Session on December 8`h when this issue is discussed by
Council .
A. Stormwater Purpose Statement
One year ago, the WB reviewed the existing Stormwater Purpose Statement and after discussion
unanimously approved the following as our recommendation to Council :
" The City Council hereby finds, determines and declares the City 's integrated
stormwater management program is for the mutual economic, social and environmental
benefits of public safety, flood mitigation, water quality and public welfare while
protecting natural areas and their features, protecting and restoring the City 's
watersheds, its tributaries and the Cache la Poudre River. "
During discussion of the purpose statement, board members indicated that while the top goal for
the stormwater program is to protect public safety that it was also desirable to protect and restore
the City' s watersheds, floodplains and riparian areas for the purposes of protecting water quality,
reducing the risks of flooding, and restoring and enhancing the ecology of the river, natural areas
and wildlife habitat.
The Board agreed that a more balanced approach would include benefits to environmental and
social values as well as to economic ones. The current program seems designed to mostly benefit
property owners and economic values rather than environmental ones. The Board supports the
change to a "triple bottom line" approach .
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Fort Collins
B. Best Management Policy/Practices Update (LID, Watershed Planning)
Over the past year, the utilities staff did a great job of walking the Board through the many
complicated components of public stormwater policies and regulations under review . They
provided many documents and presentations to bring us up to speed on existing and proposed
changes before we made our recommendations . The Board is very supportive of the city moving
forward on watershed planning and implementation of Best Management Practices .
In April the Board voted unanimously to support a motion stating :
"In order to improve the Stormwater Water Quality Program, the Water Board supports
all five recommendations as stated, provided staff returns to the Board with a
recommendation for the multi-disciplinary watershed planning group. "
The five recommendations were that the city :
• Form a citizen review group for the watershed team.
• Complete Master Plan updates (sub-watershed restoration plans) that define the
BMPs (including LID techniques) that should be used in order to protect and restore
the chemical , physical and biological attributes of each stream within each drainage
basin (note that this will require updating of engineering criteria) .
• Form a watershed planning team led by a planning coordinator(s) .
• Revise timelines and budgets for implementation of each Master Plan .
• Formalize coordinated long term monitoring programs to provide feedback to the
watershed team in order to track progress .
During the discussion , the board requested more information on the make-up of the citizen
committee and whether it would be an "ad hoc" group or on-going board or committee and if it
would be the Water Board or a new multi-disciplinary committee made up of representatives
from various existing boards (e. g . Natural Resources, Land Conservation and Stewardship, Parks
and Recreation, etc . ) Staff indicated the committee make-up would be brought back later for
discussion .
The above recommendations are encouraged to be a part of the City Plan update.
C. Landscape Design Standards and Guidelines for Stormwater and Detention Facilities
The Water Board reviewed the draft document before and after the stakeholders and public
outreach meetings. The Board made several recommendations that were added to the staff
document and included in the final draft. These included changing the name to "Guidelines and
Standards" to properly signal that some of the contents are advisory in nature (guidelines) while
others are mandatory (standards) . The staff then added an appeals/variance process in order to
provide applicants with some flexibility in their detention pond design .
The Board voted unanimously to recommend that Council adopt the final draft.
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Fort Collins
D. Stormwater Master Plans/Level of Protection
The item that garnered the most discussion by the Board and which dominated both a special
work session in September and the regular October meeting was the Stormwater Master Plans
and the methodology for choosing projects to be constructed . It was acknowledged that the large
debt that Stormwater is paying off is for the purpose of constructing expensive capital projects
and that debt service and the master plans were driving the rates . The board acknowledged that
Fort Collins rates are higher than most along the Front Range and that the only way to affect
rates was to focus on changing the Master Plan selection and project design review criteria.
The current system uses a Benefit/Cost ratio for selecting and prioritizing projects. The Board
found that this methodology does not adequately include environmental or social costs or
benefits, particularly those which cannot be quantified in dollars and cents. The value of
preserving or restoring natural water quality features of a stream or floodplain, for example, are
not currently used as a criteria to select or design stormwater projects .
Additionally, Board members suggested that the Benefit/Cost ratios used to select a project were
too low, for example, some members think a 1 : 1 . 1 ratio isn ' t sufficient benefit to build a costly
project. Board members also discussed whether these secondary, non-economic benefits/costs
should be quantified and added into the Benefit/Cost analysis or whether there should be a new
methodology used that adds qualitative criteria to the analysis in addition to the B/C analysis.
As a result of these discussions, the Board approved the following motions :
1 . The Board recommends to City Council that staff change to using the triple bottom line (TBL)
philosophy of social, economic, and environmental components to determine flood control and
stream enhancement projects. In this scenario, the numeric B- C ratio plays a smaller role in
determining capital projects and projects can be recommended based on factors without a
numerical value. (Vote : 9 Yeas, 1 Nay — Connor who was concerned that the "what" and "how"
of analysis were mixed together and not clear)
2. The Board recommends to City Council that staff should research appropriate and applicable
methodologies for evaluating the social and environmental impacts, both positive and negative,
of capital projects. (Vote unanimous in favor)
3. The Board recommends to City Council that staff should evaluate the B- C ratio criteria as a
part of the TBL approach. (Vote unanimous in favor)
The discussion then proceeded to the issue of the Level of Protection that should be used when
either the City or private property owners build. Under this discussion , there were concerns
noted by multiple board members that the rate payers are paying high rates with an over
emphasis on protecting property in addition to the primary goal of protecting public safety. The
sentiment was stated that people who buy land in a floodplain know they are in a floodplain and
that it is unfair for the rate payers to bear the high public costs of private decisions to locate in a
floodplain and be at risk for flooding. Additionally, it was noted that people who own property
in floodplains are required to buy flood insurance and are reimbursed for some of their flood
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City of
ort Collins
damages to property. As such , some Board members did not think it was the government' s job
to build expensive capital projects to protect private property.
The resulting motion , which failed for various reasons , was :
4. The Water Board recommends to City Council that guidelines to use for Level of Protection
when making capital construction decisions are based on high flow events. This represents a
change, because it places less emphasis on the weighting of property damage. (Vote : 9 Nays, 1
Yea)
Most of the Board members indicated they voted "nay" because they are satisfied with the
requirement to build to a 100-year Level of Protection . Board Member Wockner voted "nay"
because he thinks this issue will be covered by previous motions and the TPL philosophy. Board
Member Conner voted "nay" because he would like to define a specific Level of Protection .
The Board also discussed the issue of funding stream corridor enhancements from stormwater
user fees . The recommendation that passed was :
5. The Board recommends to City Council that partial or entire stream corridor enhancements
can be funded by the Stormwater Capital Improvement Program based on prioritization through
the TBL analysis. (Vote : Unanimous in favor)
Finally, the board discussed the issue of cost sharing between the city and private property
owners for capital projects that reduce the size of a floodplain , thus, "removing property" from
the floodplain . The common description is that a property or structure is removed from a
floodplain when , in reality, the property doesn ' t move outside of the floodplain , the capital
project makes the floodplain smaller. Board members consider this an undeserved benefit to a
property owner that is paid for by all rate payers . It was acknowledged that developing a cost
sharing methodology might be difficult, but that it was a worthy goal .
6. The Board recommends to City Council that a new cost share method for properties removed
from the floodplain by a City capital project be created to reflect a portion of the benefit to that
property. (Vote : Unanimous in favor)
E. Stormwater Utility Fees
The Board acknowledged that it is difficult to make a recommendation on what the monthly fees
should be until after the Council deliberates on the TBL approach to Master Planning . The
following recommendations were then made concerning fees and Stormwater Capital Project
Investments :
7. The Board recommends to City Council that stormwater monthly fees be revisited following
the completion of the Stormwater Master Plan update. (Vote: Unanimous in favor)
8. The board recommends to City Council that Capital Project Investment be reduced to pay off
existing debt more quickly and staff do an analysis of what a realistic level of additional early
pay- off would be. ( Vote - Motion Failed: 6 NAYs, 4 YAYs)
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Fort Collins
Four members voting "nay" indicated that it' s not up to the Board to tell the City how to spend
its money. Another member voting Nay wanted to wait until the Master Plans are updated
before determining whether its time to reduce the debt. And the last "nay" vote was because the
member thought the City should have flexibility for using funds, especially for unknown events
in the future .
F. Floodplain Regulations
The city ' s floodplain regulations are very detailed and complex and have been modified multiple
times over the years . The Board chose to narrow its focus to several items of concern .
Under our current city rules, new residential and mixed use structures are not allowed in the 100-
year floodplain fringe of the Poudre River. This requirement was adopted for public safety
purposes to protect residents, especially while sleeping, in the event of a flood. Currently,
builders wishing to construct residential or mixed use structures in the floodplain can use a
loophole in city regulations that allows them to submit a Letter of Map Revision based on fill
(LOMR-Fill ) to FEMA. This loophole also allows the property owner to avoid flood insurance.
The Board discussed the dangers of allowing residential units in the floodplain and the issue of
allowing fill that would push the water elsewhere in the floodplain . The board voted
unanimously to recommend removing this loophole.
9. The Board recommends to City Council the Poudre River floodplain regulations b e revised to
not allow residential or mixed use structural development on LOMR-Fills. (Vote : Unanimous in
favor)
The Board then discussed the advisability of allowing any structures, commercial or other in the
Poudre River floodplain fringe . While the public safety exposure of sleeping residents might not
be a problem with commercial structures, some board members were still concerned that any
structures in the floodplain are at risk. The Chair mentioned the Army Corps of Engineers ' and
FEMA' s efforts over the years to preserve and restore the natural and beneficial values served by
floodplains which include natural moderation of floods, water quality maintenance and
groundwater recharge . She also noted that the Corps does not generally grant a fill permit when
a project will fill an existing 100-year floodplain to increase developable land .
It was acknowledged by board members that prohibiting all structures in the Poudre floodplain
might include bridges, trails, and other structures as well as commercial buildings and that the
impacts of such a change to the regulations would impact multiple landowners and would likely
require public outreach . After much discussion, the following motion was made which passed
unanimously.
2. The Board recommends to City Council that the Poudre River floodplain regulations be
studied to not allow structures in the 100-year floodplain. (Vote : Unanimous in favor)
The final floodplain regulation the board reviewed was the issue of the amount of Poudre River
floodway rise that could be allowed. City regulations used to allow only a 0. 1 foot rise in water
in the floodway as a result of fill being placed in the floodplain. In 2007, the Council changed
the rise to the higher value of 0. 5 ' in an effort to compromise with the County to reach
comparable floodplain regulations .
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City of
F6ft CO«ins
The issue was brought up again because of the stormwater repurposing effort. The effect of the
2007 increase in the allowable flood rise value allows fill that reduces the width and carrying
capacity of the floodplain . Staff explained that the wider the floodplain , the greater the benefits
from preserving the natural and beneficial functions of the floodway and fringe. A wide
floodplain better preserves the health of the riparian zone, allowing smaller sized particles to
flow onto the fringe, leaving the channel clearer and coarser for high flow events . Reducing the
floodplain by allowing a higher floodway rise confines the river and allows flood waters to flow
more rapidly through town , tending to do more damage to bridges and banks and posing a
greater threat to public safety.
While staff favors a possible change back to the 0. 1 foot floodway rise requirement, they
acknowledged that it would require some compromises be made. The board members indicated
support for returning the regulations back to the 0. 1 foot flood rise in order to better protect the
river floodplain and to preserve its natural functions .
3. The Board recommends to City Council the Poudre River Floodplain regulations be revised to
adopt a 0. 1 foot rise floodway. (Vote : 6 Yeas, 2 Nays)
Board members voting Nay did not wish to see the regulations change every two years or so and
one member stated he voted for it in 2006 and did not wish to change his vote now .
The Water Board appreciates the Council ' s interest and time to study the comprehensive re-
purposing of the Stormwater policies and regulations. I will be at the Work Session to answer
any questions the Council may have on our recommendations.
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Excerpt from Water Board 8.27.09 Approved Minutes
Stormwater Program Review : Floodplain Regulations
Stormwater Civil Engineer Marsha Hilmes-Robinson presented information on floodplain
regulations . The purpose of floodplain regulations is to protect human health and safety, protect
new development, minimize increased flooding, reduce impact on community and promote
preservation of floodplain functions . The primary focus is health and safety. The future of
floodplain management will use a broader vision to evolve at all levels including local, state and
federal to keep history from repeating itself. The future of floodplain administration in Fort
Collins includes the 2009 draft Presidential executive order, the draft 2009 State of Colorado
rules and regulations, and a balanced vision to protect community investments in public safety,
promote sustainable development practices, and preserve natural and beneficial floodplain
functions . Essentially, all components of administering floodplain regulations come together so a
community can accommodate peak flows without compromising public safety.
Water Board Minutes 1
August 27, 2009
Page 7 of 9
Excerpt from Water Board 11 . 18. 2009 Approved Minutes
Floodplain Regulations
Floodplain Regulations Marsha Hilmes-Robinson and Brian Varrella, Floodplain
Administrators:
Chairperson Janett noted two items related to floodplain regulations before the Board
today for consideration. The first is whether new residential and mixed-use structures
should be allowed in the 100-year floodplain fringe. City rules currently state these
structures are not allowed. However, developers/land owners can go through a
FEMA/LOMR* -fill process, essentially creating an "end run" to City rules . The Board
should consider its interest in eliminating this loophole. (* "Letters of Map Revision")
The second item relates to a potential decision to change the 0 . 5 -ft. rise floodway back to
a 0 . 1 -ft. rise floodway. Chairperson Janett referred to an October, 2006, agenda when
staff sought a change from the 0 . 1 -ft. rise floodway to a 0. 5 -ft. rise floodway to align with
the County ' s guideline. As a result, the City relaxed its standards and adopted the 0 . 5 -ft.
rise floodway. Since the Board is engaged in a repurposing review of the Stormwater
program, it seems appropriate to reconsider this .
LOAM-fill loophole Ms. Hilmes-Robinson : Unless a developer goes through the FEMA
process on LOMR-fills, our City rules prohibit residential and mixed-use structures in the
flood fringe . However, many developers pursue this course of action primarily as a
means to eliminate the flood insurance requirement. The City has the authority to close
this loophole; FEMA encourages communities to adopt higher standards, and in the
current process, City staff must sign off on LOMR-fill applications .
Staff described some of the challenges associated with administering the guidelines and
managing the loophole issue. Structures in our growth management area outside City
limits are not subject to this requirement. A particularly difficult scenario occurs when a
developer receives building permit approval through the County, then annexes into the
City before the building is built. The building project then comes under the City
guidelines .
The guidelines apply to residential and mixed-use properties due to the life safety aspect.
Access, fill erosion around structures, and the sleeping component are issues behind why
it applies to residential and not commercial. Right now, commercial structures are
allowed in the flood fringe . Staff added the fill process by developers is limited and does
not channelize the water, but causes other impacts elsewhere in the floodplain.
The Board discussed the possibility of prohibiting commercial structures in the floodplain
and the potential implications of such a change to the floodplain regulations . Non-
residential structures have an additional option to use flood proofing techniques .
If Council were to approve this change, following the completion of the public outreach
process, the section of City Code related to LOMR-fills would be amended.
Water Board Minutes I
November 18 , 2009
Page 8 of 9
Motion : Board Member Brown moved the Water Board recommends to City
Council the Poudre River floodplain regulations be revised to not allow
residential or mixed use structural development on LOMR-fills. Board Member
Connor seconded the motion.
Discussion the motion:
Janett: There is a natural and beneficial value of floodplains, as well as great value to be
gained in restoring them to their natural state (referring to an Army Corps of Engineers
executive order which has discouraged building in floodplains for decades) .
Vote on the motion: It passed unanimously.
Water Board Minutes 2
November 18 , 2009
Page 9 of 9
} Utilities ATTACHMENT 4
Ci `y o� electric • stormwater • wastewater • water
700 Wood Street
6rt Collins Fo Box580
Fort Collins, CO 80522
970.221 .6700
970.221 .6619 -- fax
970.224.6003 — Too
utilities@fcgov. com
fcgov.com/utilities
February 25 , 2010
Dear Poudre River Floodplain Property Owner,
The City of Fort Collins is considering a minor change to the Poudre River floodplain
regulations found in Chapter 10 of City Code . This code change only is applicable to properties
in the Poudre River flood fringe (the land adjacent to the floodway or channel of the Poudre
River) . It does not affect existing structures, only future residential and mixed - use structures .
The Federal Emergency Management Agency (FEMA) has a process called a Letter of Map
Revision Based on Fill (LOMR-Fill) . Under this process , a landowner may place fill (dirt) on
their property in the floodplain fringe to just above the 100-year flood level (see attached
drawing) . If the landowner files a LOMR-Fill and it is approved, the property will be removed
from the floodplain and the property owner will no longer be required to purchase flood
insurance . As part of the application for a LOMR- Fill , the City must sign-off that any existing or
future structures will be "reasonably safe from flooding . " The LOMR-Fill process is a method to
remove the flood insurance requirement but is not intended to be used to avoid the floodplain
regulations that protect the structure from flood damage and protect human health and safety.
The City has established several criteria that apply in these LOMR-Fill situations (see City Code
Section 10-80a(2)) . Under these local rules , properties that receive a
LOMR-Fill are still subject to the following :
1 . Two foot of freeboard is required (i .e. the lowest floor of a structure must be elevated or
floodproofed two feet above the 100 year flood elevation) ;
2 . Critical facilities are prohibited , such as daycare centers or nursing homes ; and
3 . Manufactured home parks are prohibited .
These same restrictions apply to properties that do not go through the FEMA LOMR-Fill
process .
There is currently one City regulation that does not apply when a LOMR-Fill is obtained , but is
required if a LOMR-Fill is not obtained, therefore causing an inconsistency in the City ' s
regulations . The current Poudre River regulations do not allow new residential or mixed-use
structures or additions in the Poudre River flood fringe . This prohibition was adopted due to the
life-safety risk of allowing people to sleep in the floodplain . However, if a LOMR-Fill is granted,
these regulations do not apply.
1
Page 1 of 3
Fort Collins
To remove this inconsistency, the City Council will consider a proposed change in City Code
Section 10-80a(2) , as described above, that would prohibit residential and mixed- use structures
and additions from being constructed on the LOMR-Fill area in order to protect people and
property from flooding. This existing prohibition would then apply regardless of whether the
LOMR -Fill was used to eliminate the flood insurance requirement.
This proposed change is scheduled to go before City Council on Tues . , April 6 . I would be happy
to meet with you prior to the Council meeting and further explain the LOMR-Fill process ,
Foodplain regulations that apply to your specific property, and the proposed regulation change .
Please contact me at (970) 224-6036 or mhilmesrobinson@fc og v .com to schedule an
appointment.
Sincerely,
* Mj' . Akwlu— &OU6t�
Marsha Hilmes-Robinson , CFM
Floodplain Administrator
2
Page 2 of 3
Illustration of a Letter of Map Revision Based on Fill (LOMR- Fill )
I00-year Flocdplam The proposed
regulation
would prohibit
Floodway - - construction of
—' 0
Ea residential or
100year F �® mixed-use
flood level elevated 24 structure on a
LOMR=Fill .
Floodpla n Fringe
Plan View Exaniplc of fill placed in the flood frvigc
Fill
- - - - - - - - - _ Floodplam Fringe
- - - - _ _FWidway- - - - - - -t--.
• A Letter of Map Revtsion Based on Fill (LOMR-Fill) is a FEMA process whereby a property in the flood fringe can be filled and is no
longer considered in the floodplain for insurance requirements.
• A community must sign-off on the application to FEMA and certify that all existing and future structures tvill be 'reasonably safe
from flooding. "
Page 3 of 3
ORDINANCE NO . 037 , 2010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 10-80 OF THE CODE OF THE CITY OF FORT COLLINS
TO PROHIBIT CERTAIN RESIDENTIAL AND MIXED-USE CONSTRUCTION
ON PROPERTIES REMOVED FROM THE POUDRE RIVER FLOODPLAIN
THROUGH THE LOMR-FILL PROCESS
WHEREAS , pursuant to Federal Emergency Management Agency ("FEMA") regulations,
properties may be removed from a regulated floodplain by the addition of fill, upon issuance by
FEMA of a Letter of Map Revision - Fill ("LOMR-Fill"); and
WHEREAS , staff has recommended that the City Code be amended to prohibit certain
activities in areas for which a LOMR-Fill has been issued, so as to preserve a level of safety
otherwise applicable in the Poudre River floodplain by prohibiting construction of structures that
would lead to persons sleeping in the floodplain; and
WHEREAS , the City Council desires to extend the protection otherwise provided within the
Poudre River floodplain to areas for which a LOMR-Fill is issued.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 10- 80 of the Code of the City of Fort Collins is hereby amended to read as
follows :
Sec. 10-80. Removal of property from Poudre River flood fringe.
(a) Property located in the flood fringe of the Poudre River may shall be
removed from the flood fringe if one ( 1 ) of the following conditions is satisfied, but
shall remain subject to the provisions of this Section:
( 1 ) LOMR/PMR. A FEMA Letter of Map Revision (LOMR) or
Physical Map Revision (PMR) removing the property from the flood fringe
based on revised floodplain modeling and technical analysis has been issued
and remains in effect; or
(2) LOMR-F . A FEMA Letter of Map Revision based on Fill
(LOMR-F) removing the property from the flood fringe has been issued and
remains in effect. If-Upon issuance by FEMA has issue of a LOMR-F
removing the property from the flood fringe, the following requirements and
restrictions shall remain applicable unless and until the LOMR-F is
invalidated or superceded by FEMA action :
a. Construction of any new residential or mixed-use structure is
prohibited.
b . Any addition to a residential or mixed-use structure is prohibited,
except that an addition to a mixed-use structure that results in
expansion of only nonresidential floors of said structure is allowed.
ac . Any new structure, accessory structure, attached garage or addition,
substantial improvement or redevelopment must meet all applicable
requirements applicable to construction in the Poudre River flood
fringe, including but not limited to the requirements of § 10-37,
except that:
I . For nonresidential structures and mixed-use structures with
all residential use on a floor completely above the regulatory
flood protection elevation, compliance with the requirements
of § 10-38 may be substituted for compliance with the
applicable requirements of Subsection 10-37(b) .
lid. Critical facilities and expansions of critical facilities are prohibited.
ee . Manufactured homes and mobile buildings other than a
nonconforming manufactured home or mobile building are
prohibited, except that:
1 . A manufactured home or mobile building may be replaced,
provided that the replacement manufactured home or mobile
building complies with all applicable requirements applicable
to manufactured homes or mobile buildings in the Poudre
River flood fringe, including but not limited to the
requirements of § 10-41 .
2 . Manufactured home parks and mobile building developments,
other than nonconforming manufactured mobile home parks
and mobile building developments are prohibited.
3 . Expansion of a manufactured home park or a mobile building
development is prohibited.
(b) If the property removed from the flood fringe pursuant to Subsection (a) of
this Section remains in the five-hundred-year floodplain after such removal, any
development on the property shall comply with all requirements and prohibitions of
this Article pertaining to the five-hundred-year floodplain.
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Introduced, considered favorably on first reading, and ordered published this 6th day of
April, A.D . 2010, and to be presented for final passage on the 20th day of April, A.D . 2010 .
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading on the 20th day of April, A . D . 2010 .
Mayor
ATTEST :
City Clerk
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