HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/20/2010 - SECOND READING OF ORDINANCE NO. 037, 2010, AMENDIN DATE: April 20, 2010
STAFF: Jon Haukaas, Bob Smith _
Marsha Hilmes-Robinson
Second 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. This Ordinance, unanimously adopted on First Reading on April
6, 2010, 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.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary-April 6, 2010
(w/o attachments)
ATTACHMENT
DATE: April 6, 2010
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 Flood plain Through the LOMR-fill Process.
EXECUTIVE SUMMARY �� ,—� T'\ 1-7
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The Federal Emergency Management Agency has a processlto-remove property from the floodplain by the placement
of fill called the Letter of Map RevisionWased`ori Fill(LOMR-Fill). The current Poudre River regulations do not allow
new residential or mixed-use structures- ro additio sin 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
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The Federal Emergency Management Agency (FEMA) has a process calledga Letter of Map Revision Based on Fill
or LOMR-Fill. Under this process, landowners may place'fill,(dirt)-o`n them property in the floodplain fringe(the land
between the floodway of the Poudre River and the,boundarylof the floodplain) to just above the 100-year flood level.
If the landowner files a LOMR-Fill and it i as pproved't eheh 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,a evat on)� f77
2. Critical facilities are prohibited, such as�daycare center. s or-nursing!hon and
3. Manufactured home.parks ar�`prohibited. Iu�--� IIILuJI({
These same restrictions apply to properties that dodo 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,t�\OMR-Fi_II-areakn order.to protect people and property from
flooding. This existing prohibition would the apply regardless of whether the LOMR-Fill was used to eliminate the
flood insurance requirement. f f� UU, � J r
April 6, 2010 -2- ITEM 13
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
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 recommendationzto�no allow-residential and mixed-use structures or additions
on LOMR-Fills. Council directed staff to prepare
Uthischangip foradoption✓
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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,.ENV.IRONMENTAL—AND,SQCIAL-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 contam
ination.
Social Impacts P
1. Reduced threat to life safetrby /-e
nting.re�dental sleeping quarters from being constructed in a high-
hazard area.
2. Removes residential or mixed-use development opportunities from some lands nearthe 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 Ordin a on'Fir is ReadiPT
April 6, 2010 -3- ITEM 13
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.
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, approximatelyq property owners responded to the mailer
and those discussions did not reveal a jy strong op`position.to the-proposed,change. The Chamber of Commerce Local
Legislative Affairs Committee also discussed-this itemt its;November 20 9 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 n
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.
C 0
01Y
COP
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 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. Upon issuance by FEMA 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.
C. Any new structure, accessory structure, attached garage or addition,
substantial improvement or redevelopment must, meet all
requirements applicable to construction in the Poudre River flood
fringe, including but not limited to the requirements of § 10-37,
except that:
1. 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).
d. Critical facilities and expansions of critical facilities are prohibited.
e. 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 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 20thay of April, A.D. 2010.
Mayo '
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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