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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/20/2007 - SECOND READING OF ORDINANCE NO. 015, 2007, AMENDIN ITEM NUMBER: 35 AGENDA ITEM SUMMARY DATE: February 6, 2007 FORT COLLINS CITY COUNCIL STAFF: Jim Hibbard Bob Smith Marsha Hilmes-Robinson SUBJECT Second Reading of Ordinance No. 015, 2007, Amending Chapter 10 of the City Code Concerning Standards for Development in the Poudre River Floodplain in the City of Fort Collins. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY Ordinance No. 015, 2007, adopted on First Reading on January 16, 2007 by a vote of 4-3 (Nays: Manvel, Ohlson, Roy) modifies the City Code to change the floodplain regulations for the Poudre River. Properties in the Poudre River floodplain in the City of Fort Collins are subject to different regulations than those located in Larimer County. City and County staffs have developed recommendations that would address most of the problems created by the different regulations. Second Reading of Ordinance No. 015, 2007 was postponed on February 6, 2007 to February 20, 2007 by a unanimous vote. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary- January 16, 2007. ATTACHMENT ITEM NUMBER: 28 AGENDA ITEM SUMMARY DATE: January 16, 2007 FORT COLLINS CI 711P FF: Jim Hibbard Bob Smith Marsha Hilmes-Robinson N.1001 'AL AL w°'J SUBJECT First Reading of Ordinance No. 015, 2007, Amending Chapter 10 of the City Code Concerning Standards for Development in the Poudre River Floodplain in the City of Fort Collins. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. The Water Board recommends adoption of the Ordinance. FINANCIAL IMPACT ICl / Adoption of the Ordinance will h be do im on lity budL or the amount of flood insurance premiums paid by citizens. EXECUTIVE SUMMARY The Ordinance modifies City Code to change the floodplain regulations for the Poudre River. Properties in the Poudre River floodplain in the City of Fort Collins are subject to different regulations than those located in Latimer County. City and County staffs have developed recommendations that would address most of the problems created by the different regulations. Public outreach was performed during the formulation of the regulation changes which included notices to owners of properties ` ()Pn -Ci and the County about an open house,presentations to special teresti County boards and commissions and information posted on the s wcil di ussed this item at its December 12, 2006 work session. BACKGROUND Floodplain regulations were first adopted in the City in the mid 1970's for the Poudre River. The City of Fort Collins entered the National Flood Insurance Program in 1979 with the adoption of January 16, 2007 -2- Item No. 28 floodplain regulations for the Poudre River, Spring Creek, and Dry Creek basins. Undeveloped properties located in a floodplain can develop as long as they comply with the floodplain regulations. Properties in the Poudre River floodplain in the City of Fort Collins are subject to different regulations than those located re numerous problems during development and annexation cess�e . e a o d ast erry Corridor Plan directed City and County staffs to review th oudre ver fl d am reguI ions to make them as consistent as possible. �"1_1 ' a 0 Floodplain Maps and Property Statistics A map of the Poudre River floodplain within the City's Growth Management Area is Attachment 1. The 100-year 0.5-foot floodway(areas of greatest risk with high depths and velocities)are shown in dark blue. The 0.1-foot floodway is shown in the yellow outside of the 0.5-foot floodway. The Product Corridor is delineated by a red line. The 100-year flood fringe is shown in light blue. The moderate risk areas,shown in green,are either the existing Federal Emergency Management Agency (FEMA)500-year floodplains or areas of sheet flow in the 100-year floodplain with less than 1-foot of depth. Attachment 2 shows this same information with properties in public ownership highlighted. Attachment 3 is a table showing a detailed summary of the areas in the floodplain comparing private and public ownership and the Cd o c a � s. table and maps illustrate that there is a great deal of public ood an he ation changes affect a relatively small amount of developableB eservgislarge ount ofland throughpublicopen space, Fort Collins has providg1i le fle -protecf because of the limited amount of development subject to flooding. Proposed Floodplain Regulation Changes Staffs from both the City and County compared their respective regulations. There were eight areas of disagreement between the City and County regulations identified as a part of this project. Keeping in mind there are some areas where both the City would become less restrictive and the County would become more restrictive, the recommended changes include five areas where the City's regulations would become less restrictive, four areas where the County's regulations would become more restrictive, and one area where City and County staffs could not reach agreement, resulting in an ongoing difference in regulation. Attachment 4 is a summary table listing the proposed changes for both the City and County. These recommendations represent a nCan7ci oodl pg�ulation 1 rbcing risk with regulation. The importance of protecting anda ctions of the river were also considered. Attachment 5, "P e Poudre River Quick Guide" was prepared to help illustrate Of the five areas where City staff is recommending City regulations be made less restrictive, two are proposed to be totally eliminated because they do not balance risk with regulation and are ineffective or are technically difficult to administer. Details of the proposed changes and the sections of City Code to be modified are as follows. January 16, 2007 -3- Item No. 28 Changes to Align City-County Regulations Floodway Definition Current City Code defines th ood�a or th P dr Ri a rise of 0.1-foot. The current County floodway rise definitio is 0.5-f t. c ent offic FEMA floodway is based on a 1- footrise definition. It is propos e�it d ge its way to the County's 0.5-foot rise definition. • Section 10-16 Definitions—Floodway Floodway Modification Current City Code states that only the City can modify the floodway for public infrastructure or publicly owned recreation facilities as long as there is a no-rise condition, channel stability is maintained and the natural environment along the river is either protected or enhanced. Current County regulations state that floodway modification is allowed byboth the public and private sectors as long as the no-rise criterion is met. It is proposed the County would add the channel stability and environmental considerations criteria. The City would not change its criteria except to allow floodway modification by both public and private entities. • Section 10-27( ••• , Sb P'Y Section 10-45 odway Section 10-71 loowFSection 10-72( , d 5• Section 10-80(a)(1) LOMR/PMR Critical Facilities in the 100-year Floodplain Critical facilities are made up of three categories: life safety, emergency response and hazardous materials. The County does not have regulations pertaining to critical facilities in the 100-year floodplain. The City has regulations prohibiting critical facilities in the 100-year floodplain. It is proposed the County add the provision that life safety and emergency response critical facilities not be allowed in the 100-year floodplain. However, City and County staff have not reached an agreement on the hazardous materials criteria. City staff believes that it should be included and County staff is hesitant to include the provision due to the anticipated large number of parcels with hazardous materials in the Airpark area. At the work session some members of Council encouraged the County to adopt the City stand f r h ou eriYC'i affrecommends the City Code not be changed regarding this ' ue. resu m nd County regulations do not agree on this issue. Critical Facilities in the 500-Year Floodplain Current City Code does not allow critical facilities, including life safety, emergency response, and hazardous materials facilities in the 500-year floodplain. The County does not regulate critical facilities in the 500-year floodplain. The County would begin regulating life safety and emergency response critical facilities in the 500-year floodplain. The City would continue to regulate life safety January 16, 2007 -4- Item No. 28 and emergency response critical facilities but would allow hazardous material critical facilities in the 500-year floodplain. • Section 10-81 S t fo e e-hundred-year floodplain and zone X shaded eas Freeboard Level The current freeboard requirement in the County is 18-inches. The City's requirement is 24-inches. It is proposed the County will change the freeboard requirement to 24-inches consistent with the City'S. Letter of Map Revision (LOMR)-Fill Requirements Currently FEMA requires local governments to sign off on LOMR-Fill applications stating that structures are safe from flooding when structures are removed from the floodplain through the LOMR-Fill process. Currently the City has a provision requiring that structures must be elevated 24-inches above the flood elevation and not allowing critical facilities in LOMR-Fill areas. The County currently doesn't have these provisions. It is proposed the County would add the 24-inch freeboard and the no new critical facilities criteria in LOMR-Fill areas. Changes to Balance Risk wkRegu on an e I dive Provisions (Also Aligns City-County Rens� Product Corridor Current City Code defines the Product Corridor using 500-year discharges as an area when the velocity times the depth is six. No encroachment and no variances are allowed in the Product Corridor. Staff has found this regulation to be excessive,not allowing for special circumstances and technically impractical to administer due to difficulty in making accurate determinations. The product corridor is also a redundant layer of regulation, since the area in the 500-year product corridor is substantially the same as the 100-year floodway. Currently the County does not have a product corridor regulation. It is proposed the City would remove from the Code the provisions or references pertaining to the Product Corridor. • Section 10-16 Definitions - Product Corridor • Section 10-16 ••• DCFd ' Section 10-19 F Section 10-27Section 10-27( s—n aurseoe o de e mo o ' ati i e it • Section 10-27(d)(3) Floodplain use permit • Section 10-29(f) Conditions for variances • Section 10-42(a) Specific standards for recreational vehicles • Section 10-45 Floodway evaluations • Section 10-45(b) Floodway evaluations • Section 10-71 Specific standards for development in Poudre River floodway • Section 10-71(8) Floodway modification January 16, 2007 -5- Item No. 28 • Section 10-72 Specific standards for nonstructural development in Poudre River floodway • Section 10-72(4) Fill • Section 10-73 •• deve r floodway Section 10-74 g y i fi Section 10-201 t v Dryland Access Current City Code states that new development must have dry access to any new structure. Staff has found that often times offsite roads leading to a property are under water making the requirement irrelevant and variances are often granted. Current County regulations do not have a dryland access regulation. It is proposed that the City remove from the Code the provisions or references pertaining to the dryland access. • Section 10-16 Definitions—Dryland access • Section 10-71(10) Dryland access • Section 10-75(9) Dryland access • Section 10-76(9) Dryland access • Section 10-77(rn Section 10-80( Housekeeping Changes P Y There are some minor "housekeeping" items that are included in the proposed changes. These changes are needed to make the context of the Code language consistent throughout. The definition for redevelopment was changed to make it consistent with the definition that applies to other floodplains citywide. The LOMR-Fill section was reworded to make it consistent as well. Changes to the code have also been made to include reference to FEMA's Physical Map Revision (PMR) process. Community Rating System and Flood Insurance Considerations All structures in Fort Collins are eligible for flood insurance regardless of whether they are located in a floodplain or not. The cost of flood insurance depends on many variables including amount of coverage,deductibles,type of structure,and how high the structure is elevated above the flood level. The FEMA Community Ratin yste RS o t i entive program that encourages communities to go beyond FE A mini um re i is fo oodplain management. Based on a rating of numerous storm e t tivities blic outreach, higher regulatory standards, drainage system maintenance, flood warning,preservation of open space, etc.)residents and businesses of a community receive a discount on their flood insurance premiums. The City of Fort Collins currently has one of the highest CRS ratings in the nation,providing our customers with a 30% discount on flood insurance premiums. It is anticipated the changes included in the Ordinance would not change the City's CRS rating. None of the proposed changes are below FEMA minimum standards. January 16, 2007 -6- Item No. 28 Public Outreach A variety of communication tools such as floodplain property owner customer notices,information on the City's web page, a preCs , s o houses, and outreach to both internal and external groups p fect d. entations were made to fourCityBoards and Commissions a Co 1 a wor ession tosolicitcomments and recommendations. A joint Co e use w eld to solicit comments from the public on the proposed changes. Meetings were also held with the Mulberry Corridor Owner's Association and the Chamber's Local Legislative Affairs Committee. The County held meetings with County boards and commissions as well. The City of Fort Collins Following is a summary of discussion of the various boards and commissions. Excerpts of the minutes from the Water Board, Land Conservation and Stewardship Board and Natural Resources Advisory Board are included as Attachment 6. There are no minutes available from the Planning and Zoning Board because they discussed this item at a study session. The Water Board formally passed a motion (7-2) in support of the proposed changes with Alternative 2, to not allow hazardous materials critical facilities in the 100-year floodplain. Two members did not support the mo ' a f C' sh n't lower any of its regulations for the Poudre River. The Planning and Zoning Boar ss to a stud ssion and it was the consensus of the members present to support the proposed changes with Alternative 2, to not allow hazardous materials critical facilities in the 100-year floodplain. One member did not voice their opinion because they felt they did not have enough information to express an opinion. The Land Conservation and Stewardship Board did not act on the proposed changes as a whole. They supported staff s minimum recommendation to remove the product corridor and dryland access regulations. They also supported staff s proposal to add stability and environmental factors to the County's floodway modification regulations.Finally,they recommended Council adopt Alternative 2, to not allow hazardous material critical facilities in the 100-year floodplain. The Board did not take action on the other staff recommendations because they felt it was not under their area of expertise to offer a recommendation. The Natural Resources Advisory Board discussed this item at two of its meetings and formally passed a motion unanimously i rt Y ation of hazardous materials in the 100-year floodplain due to ncem out t it mpacts of hazardous materials in flood waters. The Board chos of to t a po i on ther recommended changes. On December 12, 2006 City Council held a work session on the proposed regulation revisions(see Attachment 7). The following key discussion points were raised: • Development of the recommended changes was done in the spirit of compromise of trying to bring the City and County regulations closer together. January 16, 2007 -7- Item No. 28 • The approach to balancing risk with regulation for the floodplain regulations seemed reasonable to protect people and property,however, it was also pointed out that floodplain regulations also protect the natural beneficial functions of the river. • The proposed changes w' dPY� the river corridor,but will also have some environrne 1 benef in e ridor as well. • One member of Counci aised nce wer to the County level,when the County should be goi the s 1regulation. • A majority of the Council supported the staff recommendation; however, concerns were expressed regarding the elimination of the product corridor regulations and going from a 0.1- foot floodway to a 0.5-foot floodway. Larimer County The Board of County Commissioners and County Planning Commission held a work session on November 8, 2006 to discuss the proposed changes. County staff presented history and salient points of the proposed changes to the floodplain regulations. Clarification was made that on a lot with an existing structure, any new structure would need to be 24-inches above the flood elevation or an increase of 6-inches over the current regulations. The question was raised if the proposed requirements for floodway modification would prevent "channelization" or narrowing of the floodway and staff responded that the language regarding stability was intended to do just that, although additional language t . a rop ' to c me was made given the degree of effort that has been expended staff; y wo d se e effort move forward in a timely manner if possible. The County Planning Commission is scheduled to consider this item on January 17, 2007. The Board of County Commissioners is scheduled to consider this item on January 22, 2007. Any adjustments to the City's proposed changes resulting from the County Commissioner's action on January 22, 2007 will be made between the City's First and Second Reading. Other Outreach A joint open house for both the City and County was held on November 14th at the Lincoln Center. Approximately 3,500 notices were mailed to city and county property owners in the floodplain along with a press release in the newspaper advertising the open house. Approximately 55 property owners attended the open house. At the open house comment sheets were available to solicit comments from those attending the open Cated re Pere er ed requesting copies of the open house materials and onemor sh d e directed toward flood control projects. One citizen stated at th aons floatable material should be less restrictive. Other verbal comm t ov in favor of the proposed changes. On December 12, 2006 City and County staff presented the proposed revisions to the Mulberry Corridor Owner's Association. A few clarification questions were raised and no adverse comments were received. January 16, 2007 -8- Item No. 28 On December 1, 2006 City staff presented the proposed revisions to the Chamber of Commerce Local Legislative Affairs Committee. During the discussion questions were answered clarifying the proposed changes with comments overall in favor of the recommendations. ATTACHMENTS 0 P Y, 1. Map showing the floodplain and the floodways along the River Corridor. 2. Map showing the floodplain and the floodways along the River Corridor with Public Property Highlighted. 3. Floodway and Product Corridor Acreage Comparison Table. 4. Summary Table of the Proposed Changes. 5. Proposed Floodplain Regulations Quick Guide. 6. Excerpts from the Water Board, Land Conservation and Stewardship Board and Natural Resources Advisory Board minutes. 7. December 12, 2006 Work Session Summary. COPY ORDINANCE NO. 015, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF FORT COLLINS CONCERNING STANDARDS FOR DEVELOPMENT IN THE POUDRE RIVER FLOODPLAIN IN THE CITY OF FORT COLLINS WHEREAS,properties in the Poudre River floodplain in the City of Fort Collins are subject to different regulations than properties located outside of Fort Collins in Larimer County; and WHEREAS, approved developments in the County are sometimes unbuildable after they annex into the City,because the City's regulations for the Poudre River floodplain are more stringent than the County's in a number of respects; and WHEREAS, the East Mulberry Corridor Plan identified the need to make City and County floodplain regulations for the Poudre River as consistent as possible; and WHEREAS,City and County staff met and identified the ways in which the City and County Poudre River floodplain regulations are similar and the ways in which they are different; and WHEREAS,some current regulations are not based on a national standardized methodology and some current regulations have not achieved their intended purposes and therefore need to be revised; and WHEREAS, a great deal of the Poudre River corridor is preserved as open space and provides flood protection because of limited development subject to flooding; and WHEREAS,based on this information, City and County staff developed recommendations intended to establish common criteria while still balancing risk with regulation and recognizing the natural features of the river corridor; and WHEREAS,the City and County conducted outreach activities with the public and affected property owners concerning the proposed revisions to the floodplain regulations; and WHEREAS,the proposed revisions to the floodplain regulations have been reviewed by the City's Water Board, Planning and Zoning Board, Natural Resources Advisory Board and Land Conservation and Stewardship Board, and comments received from these boards have been considered in the final preparation of the proposed revisions; and WHEREAS, County staff has reviewed the proposed changes with the County's Board of County Commissioners and County Planning Commission; and WHEREAS, City and County staff jointly held an open house for the general public and affected property owners about the proposed floodplain revisions and solicited their input; and WHEREAS, as a result of the input from the various boards and commissions, as well as from the public and affected property owners during the outreach, City and County staff have proposed new floodplain regulations for the Poudre River, and the revisions to the City's Poudre River floodplain are contained in this Ordinance; and WHEREAS,the Water Board took formal action recommending that the City Council adopt the proposed floodplain revisions; and WHEREAS,staff presented the proposed changes to the floodplain regulations to the Council at a work session on December 12, 2006 and at that time received direction to present the same to the Council for approval; and WHEREAS,staff is also recommending certain format changes to existing portions of Article II of Chapter 10 to make the Code language consistent in form and easier to understand; and WHEREAS,some of the additional changes are also necessary in order to conform to current Federal Emergency Management Agency(FEMA) terminology; and WHEREAS, for the foregoing reasons,the Council wishes to amend the City Code to adopt the proposed revisions to the City's Poudre River floodplain regulations; and WHEREAS, the Council has determined that it is in the best interests of the health, safety and welfare of the citizens of the city that Article II of Chapter 10 of the Code of the City be amended as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 10-16 of the Code of the City of Fort Collins is hereby amended to read as follows: See. 10-16. Definitions. 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 (5) foot. -2- Floodway modification shall mean any alteration to a channel thalweg, bed or banks of a floodway that would change the delineation of the floodway. Redevelop or redevelopment shall mean: (1) To construct any substantial improvement that will result in the removal or replacement of more than fifty(50)percent of the wall perimeter of any floor of a structure that is completely or partially below the base flood elevation, provided that the footprint of the structure is not increased; or (2) To repair or reconstruct any structure that has sustained substantial damage, which damage has caused the removal or replacement of more than fifty(50) percent of the wall perimeter of any floor of a structure that is completely or partially below the base flood elevation, provided that the footprint of the structure is not increased. Section 2. That Section 10-19 of the Code of the City of Fort Collins is hereby amended to read as follows: See. 10-19. Flood hazard area designation. (b) The additional floodplain studies or reports listed in this Subsection,together with the delineated floodplains, flood fringe areas, floodwaysand erosion buffer zones delineated therein, together with any other delineations of flood areas, flood elevations or physical characteristics, are hereby declared to be part of this Article. Any differences in floodplain or floodway 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 or floodway delineation, or a higher base flood elevation. To the extent that additional technical analysis results in the refinement of the floodplain, flood fringe, floodway, erosion buffer zone or other delineations contained in the plans listed below, or to the extent that the completion of a capital improvement project results in a modification of any such delineations, the General Manager shall, pursuant to his or her duties as set forth in Paragraph 10-26(9), document the associated change in the delineation, which modified delineation shall control the application of the requirements set forth in this -3- Article. A copy of the studies or reports shall be on file in the permanent records of Utility Services. Documentation of any modification of any delineation pursuant to this Subsection shall be on file in the permanent records of Utility Services. The floodplain studies or reports incorporated herein by this reference are as follows: Section 3. That Section 10-27 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-27. Floodplain use permit. (a) A floodplain use permit shall be obtained from the General Manager before any construction or development begins within any floodway,flood fringe or erosion buffer zone established pursuant to this Article.A floodplain use permit shall also be required for any construction or development of or affecting a critical facility in the Poudre River five-hundred-year floodplain or a zone X shaded area, if that critical facility is regulated pursuant to § 10-46 or § 10-81. Application for a floodplain use permit shall be made on forms furnished by the General Manager and may include, but not be limited to, plans in duplicate drawn to scale showing the nature,location, dimensions and elevations of the areas in question; structures already present and proposed, fill, storage of materials and drainage facilities; and the location of the foregoing. (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 structures present on the site; location and elevations of streets, water supplies and sanitary facilities; boundaries of all applicable floodplains, flood fringe areas, floodways and erosion buffer zones,or other applicable delineated areas in which the proposed development is to be located; and cross-section locations and base flood elevation contours; (d) The General Manager may require the applicant to furnish such additional information as the General Manager deems necessary to evaluate the effects of the proposed construction upon any flood hazard areas,which information may include, but shall not be limited to, the following: (3) A floodplain analysis of the flood profile, base flood elevation and velocity, and floodplain, flood fringe, floodway and erosion buffer zone boundaries, along with boundaries of any other delineated areas, using floodplain modeling guidelines established or approved by the General Manager,which -4- analysis shall include existing and anticipated uses and shall show the impact the proposed construction or development will have on the elevation of the water-surface of the one-hundred-year flood; (5) A stability analysis for any proposed development within an erosion buffer zone or for any floodway encroachment or modification. Section 4. That Section 10-29 of the Code of the City of Fort Collins is hereby amended by the deletion of subparagraph(f) and subsequent paragraphs to be relettered accordingly. See. 10-29. Conditions for variances. Section 5. That Section 10-42 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-42. Specific standards for recreational vehicles. (a) Any recreational vehicle located on property in residential use in the Poudre River floodway or flood fringe shall be fully licensed and ready for highway use when located on such property. Section 6. That Section 10-45 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-45. Floodway evaluations. Where otherwise permitted,any development,obstruction or activity that will result in an encroachment in or modification to the floodway shall be permitted only if the following requirements are met, using floodplain modeling and technical analysis consistent with floodplain modeling guidelines and standards established or approved bythe General Manager,including but not limited to the considerations and requirements set forth in § 10-27: (1) Required demonstrations for floodway encroachments and/or modifications.At least one(1)of the following requirements must be met for any floodway encroachment or modification: I'I a. No rise. The development, obstruction or activity -5- must be shown by appropriate floodplain modeling to result in no increase in base flood elevations, also referred to as no rise, as defined in § 10-16, and: 1. A certification signed by a registered professional engineer accurately documenting that no increase in base flood elevations will result from the proposed development, obstruction or activity, in a form approved by the General Manager,must be submitted prior to issuance of a floodplain permit, and 2. A certification signed by a registered professional engineer accurately documenting the as-built base flood elevations after completion of the development,obstruction or activity as resulting in no increase in base flood elevations must be submitted prior to the issuance of a certificate of occupancy, or, in the event no certificate of occupancy is required, upon completion of the improvements; or b. No rise except on applicant land or easement. The development, obstruction or activity must be shown by appropriate floodplain modeling to result in no increase in base flood elevations or change in floodway or flood fringe boundaries, except on the applicant's contiguous property or on property for which the applicant has obtained and recorded easements sufficient to allow for the associated changes, and: 1. A certification signed by a registered professional engineer accurately documenting that no increase in the floodway or base flood elevations on other than the applicant's contiguous property or on property for which the applicant has obtained and recorded easements sufficient to allow for the associated changes will result from the proposed development,obstruction or activity, in a form approved by the General Manager, must be submitted prior to issuance of a floodplain permit; and 2. A certification signed by a registered professional engineer accurately documenting -6- the as-built floodway and base flood elevations after completion of the development, obstruction or activity as resulting in no increase in the floodway or base flood elevations on other than the applicant's contiguous property or other than provided by recorded easements must be submitted prior to the issuance of a certificate of occupancy,or,in the event no certificate of occupancy is required,upon completion of the improvements. (2) Map revisions. a. Conditional map revisions. If any development or activity in the floodway results in a change to base flood elevations,floodway or flood fringe boundaries, a Conditional Letter of Map Revision must be approved by FEMA,or, for a City basin floodplain,a preliminary map revision must be approved by the General Manager prior to issuance of a floodplain permit or initiation of construction or permitted activities. b. Final map revisions. Upon completion of development or other activities for which a floodplain permit and Conditional Letter of Map Revision are required pursuant to this § 10-45, a Letter of Map Revision or Physical Map Revision must be approved by FEMA,or, for a City basin floodplain, a final map revision must be approved by the General Manager, prior to issuance of a certificate of occupancy, or, in the event no certificate of occupancy is required,upon completion of the improvements. Section 7. That Section 10-71 of the Code of the City of Fort Collins is hereby amended to read as follows: See. 10-71. Specific standards for development in Poudre River floodway. In addition to complying with all other applicable provisions of this Article, all development in the floodway of the Poudre River,as designated pursuant to § 10- 19, shall comply with the following provisions. If there is any conflict between any of the following provisions and any other provision of this Article, the more restrictive provision shall control. -7- (4) Redevelopment. Redevelopment of any structure is prohibited. (7) Accessory structures. b. Reconstruction of an accessory structure that has been substantially damaged, or that constitutes redevelopment, is prohibited. (8) Floodway modifications. Floodway modification is prohibited unless all applicable requirements, including but not limited to the requirements of§ 10-45, are met. Section 8. That Section 10-72 of the Code of the City of Fort Collins is hereby amended to read as follows: See. 10-72. Specific standards for nonstructural development in Poudre River floodway. In addition to complying with all other applicable provisions of this Article, all nonstructural development in the floodway of the Poudre River, as designated pursuant to § 10-19, shall comply with the following provisions. 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) Fencing. Construction of new fencing is prohibited, unless the fencing is designed to break away, and is cabled together so as to not float downstream. As an alternative to a break-away design, a new fence may be designed to allow the passage of water by having a flap or opening in the areas at or below the base flood elevation sufficient to allow floodwaters to pass freely. (2) Detention ponds. Construction of new detention ponds is prohibited unless all applicable requirements, including but not limited to the requirements of§ 10-45, are met. (3) Hard surface paths, trails and walkways. Construction of new hard surface paths, trails and walkways is prohibited unless all applicable requirements, including but not limited to the requirements of§ 10- 45, are met. -8- (4) Fill. Placement of fill is prohibited, unless all applicable requirements, including but not limited to the requirements of§ 10- 45, are met. (5) Outdoor storage/storage of floatable materials. a. Outdoor storage of materials associated with a nonresidential use that are not defined as floatable materials in § 10-16, whether permanent or temporary, is prohibited, unless all applicable requirements, including but not limited to the requirements of§ 10-45, are met. b. Storage of floatable materials associated with a nonresidential use, whether permanent or temporary, is prohibited, except for that storage of floatable materials that was occurring as of July 1,2000,which storage shall be allowed to continue until but only until the development of a new structure or addition or the cumulative substantial improvement of any existing structure, at which time such storage must be discontinued. (6) Driveways and parking areas. Construction of new driveways and parking areas is prohibited unless all applicable requirements, including but not limited to the requirements of§ 10-45, are met. Section 9. That the title of Section 10-73 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-73. Floodway encroachments in Poudre River floodway. Section 10. That Section 10-74 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-74. Change of use in Poudre River floodway. No person shall change the use of any structure or property, or any portion thereof, located in the Poudre River floodway so as to result in a use or expansion of a use that is inconsistent with the requirements of this Article. Section 11. That Section 10-75 of the Code of the City of Fort Collins is hereby amended by the deletion of subparagraph(9) in its entirety as follows: Sec. 10-75. Specific standards for residential development in Poudre River flood fringe. -9- Section 12. That Section 10-76 of the Code of the City of Fort Collins is hereby amended by the deletion of subparagraph (9) in its entirety as follows: Sec. 10-76. Specific standards for nonresidential development in Poudre River flood fringe. Section 13. That Section 10-77 of the Code of the City of Fort Collins is hereby amended by the deletion of subparagraph(8) in its entirety as follows: Sec. 10-77. Specific standards for mixed-use development in Poudre River flood fringe. Section 14. 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 be removed from the flood fringe if one (1) of the following conditions is satisfied, but shall remain subject to the provisions of subsection (b) of this Section: (1) LOMR/PMR. FEMA has issued a 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; or (2) LOMR-F. FEMA has issued a Letter of Map Revision based on Fill(LOMR- F) removing the property from the flood fringe. If FEMA has issued a LOMR-F removing the property from the flood fringe, the following requirements and restrictions shall remain applicable: a. Any new structure, accessory structure, attached garage,or addition, substantial improvement or redevelopment must meet all applicable requirements, 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). -10- b. Critical facilities and expansions of critical facilities are prohibited. C. 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,including but not limited to the requirements of§ 10-41. 2. Manufactured home parks and mobile building developments, other than nonconforming manufactured 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. Section 15. That Section 10-81(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec.10-81. Specific standards for Poudre River five-hundred-year floodplain and zone X shaded areas. (a) Critical facilities. In any portion of the Poudre River five-hundred-year floodplain or a zone X shaded area, as designated pursuant to § 10-19, critical facilities are prohibited, except that, for the purpose of this Section only, critical facilities shall not include structures or facilities that constitute critical facilities solely because they produce, use or store hazardous, flammable, explosive, toxic and/or water reactive materials, liquids,gases and solids as such are defined in§9-1 and §9-2 of the Uniform Fire Code as adopted. Section16. That Section l0-102of the Code of the Cityof Fort Collins is hereby amended to read as follows: Sec. 10-102. Specific standards for residential development in floodways of FEMA basin floodplains. In addition to complying with all other applicable provisions of this Article, all residential development in the floodway ofa FEMA basin floodplain shall comply -11- with the following provisions. If there is any conflict between any of the following provisions and any other provision of this Article,the more restrictive provision shall control. (8) Floodway modification. Floodway modification is prohibited unless all applicable requirements, including but not limited to the requirements of§ 10-45 are met. Section17. That Section 10-103 of the Codeof the Cityof FortCollins ishereby amended to read as follows: Sec. 10-103. Specific standards for nonresidential development in floodways of FEMA basin floodplains. In addition to complying with all other applicable provisions of this Article, all nonresidential development in the floodway of a FEMA basin floodplain shall comply with the following provisions. If there is any conflict between any of the following provisions and any other provision of this Article, the more restrictive provision shall control. (8) Floodway modification. Floodway modification is prohibited unless all applicable requirements, including but not limited to the requirements of§ 10-45, are met. Section18. That Section 10-104 of theCodeof the Cityof Fort Collins is hereby amended to read as follows: Sec. 10-104. Specific standards for mined-use development in floodways of FEMA basin floodplains. In addition to complying with all other applicable provisions of this Article, all mixed-use development in the floodway of FEMA basin floodplain shall comply with the following provisions. If there is any conflict between any of the following provisions and any other provision of this Article,the more restrictive provision shall control. (7) Floodway modification.Floodway modification is prohibited unless all applicable requirements, including but not limited to the requirements of§ 10-45, are met. -12- Section19. That Section10-ill of the Codeof the Cityof Fort Collins ishereby amended to read as follows: See. 10-111. Specific standards for nonstructural development in flood fringe of FEMA basin floodplains. In addition to complying with all other applicable provisions of this Article, all nonstructural development in the flood fringe of a FEMA basin floodplain shall comply with the following provisions unless removed from the flood fringe by approval of LOMR or Physical Map Revision in accordance with§ 10-113.If there is any conflict between any of the following provisions and any other provision of this Article, the more restrictive provision shall control. Section20. That Section l0-113of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-113. Removal of property from flood fringe of FEMA basin floodplains. (a) Property located within that portion of a FEMA basin floodplain that has been designated by FEMA pursuant to Subsection 10-19(a)(FEMA designations)maybe removed from the flood fringe if one(1) of the following conditions is satisfied: (1) LOMR/PMR. FEMA has issued a 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; or (2) LOMR-Fill. FEMA has issued a Letter of Map Revision based on Fill (LOMR-F)removing the property from the flood fringe. If FEMA has issued a LOMR-F removing the property from the flood fringe, the following requirements and restrictions shall remain applicable: Section 21. That Section l0-132of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-132. Specific standards for residential development in floodways of City basin floodplains. In addition to complying with all other applicable provisions of this Article, all residential development in the floodway of a City basin floodplain shall comply with the following provisions. If there is any conflict between any of the following provisions and any other provision of this Article,the more restrictive provision shall control. -13- (8) Floodway modification. Floodway modification is prohibited unless all applicable requirements, including but not limited to the requirements of§ 10-45, are met. Section22. That Section l0-133of the Code of the Cit of Fort Collins is amended Y Y to read as follows: Sec. 10-133. Specific standards for nonresidential development in floodways of City basin floodplains. In addition to complying with all other applicable provisions of this Article, all nonresidential development in the floodway of a City basin floodplain shall comply with the following provisions. If there is any conflict between any of the following provisions and any other provision of this Article, the more restrictive provision shall control. (8) Floodway modification. Floodway modification is prohibited unless all applicable requirements, including but not limited to the requirements of§ 10-45, are met. Section23. That Section l0-134ofthe Code of the Cityof Fort Collins is hereby amended to read as follows: Sec. 10-134. Specific standards for mixed-use development in floodways of City basin floodplains. In addition to complying with all other applicable provisions of this Article, all mixed-use development in the floodway of a City basin floodplain shall comply with the following provisions. If there is any conflict between any of the following provisions and any other provision of this Article,the more restrictive provision shall control. (7) Floodway modification. Floodway modification is prohibited unless all applicable requirements, including but not limited to the requirements of§ 10-45, are met. -14- Section24. That Section 10-201 ofthe Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-201. Designation of erosion buffer zones. In accordance with § 10-19, the erosion buffer zones designated by the General Manager for the Fossil Creek basin, Boxelder Creek basin, the Mail Creek basin and McClellands Creek basin,as described therein,shall be considered erosion buffer zones and shall be subject to the requirements of this Division, and all other requirements of this Article applicable to erosion buffer zones. Property within an erosion buffer zone that has also been determined to be a floodwayor flood fringe and designated as such in accordance with § 10-19, shall be subject to the requirements and restrictions of this Article applicable to said property by virtue of said separate designation in addition to the requirements and restrictions set forth in this Division. Introduced, considered favorably on first reading, and ordered published this 16th day of January, A.D. 2007, and to be presented for final passage on the 20th day of February, A.D. 2007. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 20th day of February, A.D. 2007. Mayor ATTEST: City Clerk -15-