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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 01/16/2007 - FIRST READING OF ORDINANCE NO. 015, 2007, AMENDING ITEM NUMBER: 28 AGENDA ITEM SUMMARY DATE: January 16, 2007 FORT COLLINS CITY COUNCIL STAFF: Jim Hibbard Bob Smith Marsha Hilmes-Robinson 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 Adoption of the Ordinance will have no impact on the City budget 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 Larimer 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 in the floodplain in both the City and the County about an open house,presentations to special interest groups,review by City and County boards and commissions and information posted on the City's web page.City Council discussed 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 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. January 16, 2007 -2- Item No. 28 Properties in the Poudre River floodplain in the City of Fort Collins are subject to different j regulations than those located in Larimer County. This creates numerous problems during development and annexation processes. The approved East Mulberry Corridor Plan directed City and County staffs to review the Poudre River floodplain regulations to make them as consistent as possible. 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 various floodway configurations. The table and maps illustrate that there is a great deal of public land in the floodplain and the regulation changes affect a relatively small amount of developable land. By preserving this large amount of land through public open space, Fort Collins has provided a high level of flood protection 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 negotiated compromise while still balancing risk with regulation. The importance of protecting and enhancing the natural features and functions of the river were also considered. Attachment 5, "Proposed Floodplain Regulations for the Poudre River Quick Guide" was prepared to help illustrate the proposed regulations. 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 the floodway for the Poudre River as a rise of 0.1-foot. The current County floodway rise definition is 0.5-foot. The current official FEMA floodway is based on a 1- foot rise definition. It is proposed the City would change its floodway 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(d)(5) Stability analysis • Section 10-45 Floodway modification Section 10-71(8) Floodway modification • Section 10-72(2,3,4 and 5) Fill • 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 standard for hazardous materials. City staff recommends the City Code not be changed regarding this issue. The result may be that City and 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 Specific standards for Poudre River five-hundred-year floodplain and zone X shaded areas 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 Man 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 with Regulation and Remove Ineffective Provisions (Also Aligns City-County Regulations) 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 Definitions—Floodway modification • Section 10-19 Flood hazard area designation • Section 10-27(a) Floodplain use permit • Section 10-27(c)(3) Floodplain use permit • 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 Floodway encroachments in Poudre River floodway • Section 10-74 Change of use in Poudre River floodway • Section 10-201 Designation of erosion buffer zones 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(9) Dryland access • Section 10-80(a)(2) LOMR-F Housekeeping Changes 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 Rating System (CRS) is a voluntary incentive program that encourages communities to go beyond FEMA minimum requirements for floodplain management. Based on a rating of numerous stormwater management activities (public 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 press release, public meetings and open houses, and outreach to both internal and external groups potentially affected were used. Presentations were made to four City Boards and Commissions and to City Council at a work session to solicit comments and recommendations. A joint City and County open house was held 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 motion because they felt the City shouldn't lower any of its regulations for the Poudre River. The Planning and Zoning Board discussed this item at a study session 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 staffs 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 in support of Alternative 2, the regulation of hazardous materials in the 100-year floodplain due to concerns about the environmental impacts of hazardous materials in flood waters. The Board chose not to take a position on the other 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 will allow more lands to develop along the river corridor,but will also have some environmental benefits in enhancing the river corridor as well. • One member of Council raised a concern the City was going lower to the County level,when the County should be going to the City's level of floodplain regulation. • 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 might be appropriate. The comment was made given the degree of effort that has been expended by staff; they would like to see the 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. tY g 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 house. Three comment sheets were returned requesting copies of the open house materials and one stated that more monies should be directed toward flood control projects. One citizen stated verbally that the regulations on floatable material should be less restrictive. Other verbal comments received by staff were overall 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 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. 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Corridor nrllm or r1� ��r.' • • 2bn1 •�J•i : �1t}'.iii ��•_-�``�I■■ ■ • ■e �F;'•_ �•zl L.,.. r,,� � 1� Cy r'_� u:.-•Jr., - .ily�. �l'■ ■♦ram ■■ ■ '11,•lJi. ,l�J �iti JJir� Rr4 � Ru IIR�1 .. .• qJ! JJ ril�id�ylbe� II �1�:• Iii iiiij�I i•JIJ��/ yIlr �II lllln- /!2•.rr • 1. �1 / 1 • : 1 1 _ 11 11 _ 1 111 I11 1 : III - \■ I■ ` 1 IIIIIIIII \ 'IIIII\ p111u 11n�1••% ♦� ._... 1011I boom WE No J u >I�pi �11 rl•� •••.��i1 MEN III I mom �I■ I I •• •- •- ■ , "Rm illllll nu un41j � � /111�III��■• I► a rl .., ■ � ��■ ♦ � I �� ice. i i+ . IN in E No NEW isms IN •::�� III//: IIIII �i�i. ' �i_` ♦ mill im =■ MAIM, elJ�� 'V�•^r.,. •. O �..u•Ir'^•p:•,•�. 1/1��••1.q- •�•% . .n1111P. ' ggirlium No Vo MENNEN I NNE �,,.`� � � _ '•• - umPalima rum.. ■■�_a`� ! �. \ i%;pry ♦pnunw : r►rl � �� . ■ . �� ■ �= � raauml Q- •11. :n 11111iC. �\•+ _onr= IF... •.�: III \ ` �� '- +�li�lr 1111111111111��ir-; : •' :- � � ' • I• • nuunu •rr.. :11' �� .fl�#M�� 11 �i - um �■� _ . . �� j� `y . ■un�l ■ � !�J 1_ _ l'1 ,, ,,.il•�h� i : - .. _ �= :- -- -- - =_I-`IIIIIIII=_ _! ':„ire _. w : -. y_1 �_ _ =�. nu•I , _ ail : 1� 6111111111 +/'■ II ,un` '� •�.•G, �? -_ __ __ •.�I:�I '= = = == =1= =Lei- MIM �'• ■ _ _ i IIIIII IIII: �■ _..,,.ili::l:ii • _ nlum ila 'e,i= l�- .__ : =1 1: ►��a;�fii ,� " '_ �� MM_ - MM-- �■ i :1� /, . +� i ;IIIIe IIIIWilli 1 `�■J .� �. 1 ,■I[_ IIII: • i Jai• lIr•� , ,, ,■ .1 uII11,i IIiI IIYI■I ■ ,il,u IIIIL illllll IIIIIII IIIIII: 11■ !IIIIII; IIII II11 I. �i, , ��., `� III1 Wilil ■� -,� PIII� ��r _nu_ _inl•_ !all! mr= _:!Inn !2U UIHP null Ig1111161=_ IIIIIIII! IIIIII: IIIIIIIII III:_' _. ' I = ► ��;`• J`�Y�,� ■J Ill Mill i111111�111III1I IIIIIIIIIII� �II1;111111111111111 :dlllill nllllil i1illi; :IIII- MIN 11■ �1 IIII- ►r',,,. .,IIIII. , �� -11 ■1111111191111111111 !IIIIIIIP PIIII! 'IIIIII nuuum IIIIIIIIIIII: IIIIIIIII :IIIIII! !IIIII: :II- ":I I: a III= ••■ !I■ ■IIII' `,�/ ► II f 1 G - _ �u� �Illlllllil illllllll lllllllll IIIIIIII illlllll 'IIIIII= �lilllil :III= idly ■ Hill; = .-,a 11111111 illllll , ` alnuuln uullliii: f . •• .:= = II-: IIIIIIII :IIIIIIn� IIIIIIIIIIIII I_II= _. f 1= 1�_ "�'� � ■1 "� I: _ = E91- -► . 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Ill U• I�,.•, I„- ,mile ?I■� eP . .- - __ __ _� � � ___ ___ __ —mom _ � �I I : =lmunuiiii: Il ��nuu►� 1 �.� - _ . -_ I, ,� i =o m_ __ _] /�. �—� ■ : �luiu line Iimi1 1■1 IIIII a■ illllll 71i . _ _ �� --. _.�.. -m di, :,I : �� '1.• If+ '�� - �� 7 — . 'I ■ =__ __= 11'= =':IIIII -'IIIIII """!_ IIII„N1 .V ■T• . . ■■■■ MM - IIIIIII -IIII = Ilnl == _I Ni 1 � ••+ o — IIIII := ■� uluiie — .! I0 .. '- =___ II■I IIIII = -= == !IIIH.I uuu:_ _■ ��,� j �• u.� umul° . . _ __ =III = __ = IIIIIIII Ill: ■� ■ ■,,,,,. Illluu: ■If�'■L:� _ =,loon ., - - -III■u1■ rr::1I `1 ■ • I�� 11♦ � ■� IIIIII illlnnn IIIIIIIII IIIIIIII IIIIII 11111111IIII117■Illlllllfi ITr III ir ',� • a : :: :: - - ■_II. J . �� ■■ : e Mill ilium IIIIIIII - IIII I: :■■ -• 1 ► •..� -III IIII■11 illllll IIIIIIII .� \ i =_ iiiiiuiiin iiiiiiiuui iniiiiiii ii ■90i :: �'■��.�;: ' `..! r• ♦I . O: : f n :� .• •. "►. _ '� 1 ' 'l5 ilnnml umnu mulls ul: :i �ii�''.��i`'�•0� i ,•�/��. unm , - pm1 III i�i :: :• -,1• - : :ui:: umu__ - - ., ' ' .' -= IIIIII IIIIII ■IIII III. .• ,• • . �. _: '.• pn .\r• 1 pO Lnrl =IVEunllp,l- .. :_ _- ___ M : nlll S}� _ - _ =p Ip.i�•i .�. a•Im - numum � �io:o••n :: :::::ins � - __ :: : - .,.. ....,o■ -_,, It� u1: I v!: __ Imp • J ,.�..Im million �� •:�• IIIII■ mI ._ ._ . 11 : . .. .. .. .. 1•- IIIIIIIIIIIIr ■• _ ■ : IIIM n11 :� :M ""11 "• ��• OiU _ " M• i- •Il � .. ' 1 uu,rpP••„w :. .1 , _ _ ._ __ _! .. 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N i�� ■ �•:i:::: =� p�1\\OB I- I •' ii': Yr•".. ■gll,unul - _ •�� 7: - Nil. I� �Ogia Uo 11 �� IIr1L. .O�.• /i i�-: ��:V�'i4 : •.m: .. ' •i�il• - Al •�.. .. •ii .�J nn�i• � % �1►� 41 tin IIIIIU - � . I� III�III .AI/ -. . ! ■ •- ) . �PI- million poll � :I - .: • - :nano 1 � 1r . :• .. _. �: ..i ° . I I��• m :� Iun.�u,IJ:.:Gunuuu • 1�I`•_ ■III: :: :: :: •• .. • I , it • I ■1■111■ ��. U •i•I1� _ • p,ullu11111111 �• • ■ :y / � • •• •• :_ _C .,`\I limn:n :O ,%�\"\I�:,i u�.r 1� - nu a ••: ..� r� ■■ � 7 _ a:_ ___ .nnnnu ,n0��7 P'••: • River S :: = :: a ._ __ _Illlnpu nll� • ..o • -� .. . W. .. .. �IlPnuunw •nq •. _- • .•.•u.p�1. :11: :_ •• .: i1. •• •i�% ,' u,1A•■_ No :- :: �u,nu1'•"" �4011 - - i� LI,.�• •n„ .� epee= nn•yi,. 41 LI•'�:•�r� Flood • Showing � �T�� •u'u_•I 1�:••_ :i :'C• '. IgriI\iIi•IiI:nI::I:mIlIiI , I'•I m ` uIu'iull�,,u��p�i1•.�.`i i��.ii�.Wi I♦•�I'' ._•.:IIIA4[1 , : Alin inCity _and County u _p :.I•iu'r�iv•i�•:q'�•�i in IN Floodway and Product 'i•�"ii•iI•i� III 1 .. 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II I 1_ 1 11 mesa � - 1 - 1 111 I11 1 1 : 111 - Attachment 3 Poudre River Floodplain Regulation Review Property Information Overall Floodplain Information Acres of Private Acres of Public Land Land Entire 100-year 11520 11410 Flood lain Entire 500-year 21970 11860 Flood lain Comparison of Product 6 Corridor to 0 . 1 ft. Floodway Acres of Private Acres of Public Land Land 500-year Product 6 603 968 Corridor 0. 1 ft. Floodway 520 960 Difference 83 8 (Areas proposed to be regulated as flood Approximately 35 fringe) acres are Developable * Comparison of 0 . 1 ft. Floodway to 0.5 ft. Floodway Acres of Private Acres of Public Land Land 0. 1 ft. Floodway 520 960 0.5 ft. Floodway 410 820 Difference 110 140 (Areas proposed to be regulated as flood fringe) Approximately 65 acres are Developable * * Revised Nov. 15, 2006 Cumulative Comparison of Proposed Regulations Acres of Private Acres of Public Land Land Area between 83 8 Product 6 Corridor and 0. 1 ft. floodway Approximately 35 acres are Developable * Area between 0. 1 ft. 110 140 floodway and 0.5 ft floodway Approximately 65 acres are Develo able * * Total 193 148 (Areas proposed to be regulated as flood fringe) Approximately 100 acres are Developable * Developable includes properties that may develop or redevelop in the future. Properties that were gravel mined, open waters, wetlands, or have other known uses that are not likely to change are not included in this calculation. • However, the overflow area south of Harmony that is a current gravel mine that has been discussed for development is included in this developable value. Approximately 4 developable acres are in this overflow area. * * Developable includes properties that may develop or redevelop in the future. Properties that were gravel mined, open waters, wetlands, or have other known uses that are not likely to change are not included in this calculation. • However, the overflow area south of Harmony that is a current gravel mine that has been discussed for development is included in this developable value. Approximately 37 developable acres are in this overflow area. Revised Nov. 15, 2006 Nov. 7, 2006 Poudre River Floodplain Regulations Proposed Changes to City-County Regulations Issue City Becomes Less Restrictive County Becomes More Restrictive Status as of Sept. 25, 2006 Floodway Rise City will change the floodway rise City and County staff are from 0 . 1 ft. to 0 . 5 ft, in agreement on this item. Floodway Modification City will change from not allowing County will change from only City and County staff are floodway modifications for private condition being maintaining in agreement on this item. property to allowing floodway conveyance to also adding channel modifications if certain general stability and environmental effects conditions are met. conditions. Product Corridor City will eliminate mapping the 500- City and County staff are year Product Corridor and remove all in agreement on this item. associated regulations . Freeboard Level County will change the freeboard City and County staff are level for new structures from 18" to in agreement on this item. 24". Dryland Access City will remove the dryland access City and County staff are requirement. in agreement on this item. Critical Facilities in 100-year City and County staff will floodplain present the two Alternative 1 or 2 — see below alternatives to the policy makers for their decision. Critical Facilities in 500-year City will change from not allowing County will change from allowing City and County staff floodplain any critical facilities in the 500-year any critical facility in the 500-year agree on this item. floodplain to : floodplain to : Hazardous Materials — allowed Hazardous Materials — allowed Life Safety — not allowed Life Safety — not allowed Emergency Response — not allowed Emergency Response — not allowed LOMR-Fill Requirements County will change from not City and County staff are a requiring any elevation to requiring in agreement on this item, elevation to the freeboard level. County will change from allowing any critical facility to not allowing certain types of critical facilities . Nov. 7, 2006 Critical Facilities in 100-year Floodplain Alternatives Alternative 1 • Life-safety and emergency response critical facilities will not be allowed in the 100-year floodplain. Hazardous materials critical facilities will be allowed in the 100-year floodplain. Alternative 2 • All critical facilities currently defined (life-safety, emergency response and hazardous materials) will not be allowed in the 100-year floodplain. Proposed City of Fort Collins Floodplamin Regulations for the Poudre River LV - _, \ c ide IIIIiIIA& Z ILL or -00 Note : This guide was prepared as an educational tool to help explain portions of the floodplain regulations, and is not intended as a complete or detailed explanation of the legal requirements that may apply to a particular property. Article II of Chapter 10 of the City Code specifies the requirements and prohibitions that are outlined generally in this guide and is the controlling legal document in the event of any conflict or inconsistency between this guide and the City Code. The Code provisions can be found on the Web at http://www. colocode. comlftcollins/municipal/chap ter10. h tm. D City of Fort Collins cD Prepared by Fort Collins Utilities , PO Box 580 , 700 Wood St. , Fort Collins , CO 80522=0580 (970) 221 -6700 Utilities www. fcgov. com/stormwater/fldplain.php 10/06 "' 2 Purpose of Floodplain Regulations Minimize damage to Protect new properties existing properties from damage Protect human life and health Protect the natural areas N Q° along the river corridor required to convey flood flows Floodplain Facts • Property in the 100-year floodplain has a 1 percent chance in any given year of being flooded . • Over a 30-year period, there is a 26 percent chance that a property in the 100-year floodplain will be flooded . For comparison, there is only a 5 percent chance that the building will catch fire during that same 30-year period . • Some properties have an even higher risk of flooding because they are in areas where smaller, more frequent floods cause damage . Table of Odds for Different Events Event Odds Structure in the 100-year floodplain being flooded in any given year 1 in 100 Matching one number plus Powerball in the Powerball Lottery 1 in 124 Structure in the 500-year floodplain being flooded in any given year 1 in 500 Annual chance of being killed in a car accident if you drive 10 , 000 miles/year 1 in 4,000 Being struck by lightning 1 in 600,000 Winning the Powerball Lottery jackpot (matching five numbers and the Powerball) 1 in 120,526,770 Types of Floodplains • In Fort Collins, floodplains are designated by the City as well as by the Federal Emergency Management Agency (FEMA) . • The FEMA-basin floodplains cover only the major drainages . Changes in these floodplains must be approved by FEMA (p . 5) . • The City-basin floodplains further identify the flood hazard . Some of the flooding in City-basin floodplains is from irrigation ditch spills or undersized storm sewers that result in overland flooding. Changes in these floodplains can be approved by the City (p . 5) . • For floodplain regulation purposes, a floodplain property is either in a FEMA-basin floodplain, a City-basin floodplain or the Poudre River floodplain. Revised Mapping • Because the City has remapped all of the floodplains in Fort Collins, except the Poudre River, to reflect the rainfall standard adopted by City Council in 1999, there now is a new City floodplain in the areas that also have a FEMA floodplain. • For those floodplains, other than the Poudre River, currently designated by FEMA, the revised City mapping has been submitted to FEMA for adoption. FEMA adoption is expected in late 2006 . Floodplain Designations Floodplain Name Poudre River FEMA -Basin City-Basin Poudre River X Spring Creek X Dry Creek X Cooper Slough X Boxelder Creek X Fossil Creek X Old Town X Canal Importation X McClellands Creek X Mail Creek X Foothills Channel X West Vine X 3 4 Floodway 100-year Floodplain Flood Fringe City Floodway Flood Fringe 6" rise Area of floodplain that is allowed to be filled • The floodway is the portion of the floodplain with the greatest depths and velocities . • The floodway is the area of highest risk. • The floodway must be preserved to allow the floodwater to pass through without being obstructed . • Areas along the flood fringe are allowed to be filled and developed, but this raises the 100-year flood level. The City has set an allowable rise of 0 . 5 feet. Floodway Modifications • Floodways can be modified, but the applicant must be able to show that the project causes no-rise in the 100-year flood level. • In the Poudre River floodplain, the applicant must submit information to FEMA for approval before and after construction if the boundaries of the floodplain or floodway change . • If the applicant's project causes a rise, the applicant must show the entire rise is on their property or obtain easements from other property owners . No structures can be impacted by a rise in the flood level . • The floodway modification will be evaluated based on broad criteria, including: —effects upon lands upstream, downstream and in the immediate vicinity; —effects upon the 100-year flood and channel stability; —any adverse environmental effects on the watercourse, including bank erosion, streamside trees, vegetation and wildlife habitat; —any adverse effects on the flood elevation, velocities, rate of rise, channel stability and sediment transport; and —protection of the natural areas required to convey flood flows and retain flow characteristics . Example of a Floodway Modification Original Floodway New Floodway 100-year flood level le food v i flood level fill ` cut 5 6 Summary of Floodway Development Regulations Residential Development Non = Residential Development Mixed - Use Development ( Residential and Non - Residential in the same building) • New residential development is not • New non-residential development is not • New mixed-use development is not allowed . allowed . allowed . • Fill is not allowed unless the • Fill is not allowed unless the applicant • Fill is not allowed unless the applicant applicant can show no-rise (Floodway can show no-rise (Floodway Modifications, can show no-rise (Floodway Modifications, Modifications, p . 5) . p. 5) . p. 5) . • Residential additions are not allowed . • Non-residential additions are not • Additions are not allowed to a mixed-use allowed . structure . • Remodels are allowed subject to the • Remodels are allowed subject to the • Remodels are allowed subject to the substantial improvement requirements substantial improvement requirements substantial improvement requirements (p. 14- 15) . (p. 14-16) . (p . 14-16) . • Manufactured homes are allowed only • Mobile buildings (modular offices) are in existing manufactured home parks . allowed only in existing mobile building developments . • Redevelopment (rebuild) of an existing • Redevelopment (rebuild) of an existing Redevelopment (rebuild) of an existing structure is not allowed . structure is not allowed . structure is not allowed . • Detached garages and sheds are not • Detached garages and sheds are Detached garages and sheds are not allowed . not allowed . allowed . Summary of Floodway Development Regulations (continued) Residential Development Non = Residential Developmenti Mixed - Use Development ( Residential and Non - Residential in the same building ) • Critical facilities are not allowed (See • Critical facilities are not allowed (See • Critical facilities are not allowed (See proposed alternatives on p. 18) . proposed alternatives on p. 18) . proposed alternatives on p. 18) . • New basements are not allowed below New basements are not allowed below New basements are not allowed below the freeboard level (p. 10) . An existing the freeboard level (p. 10-11 ) . An the freeboard level (p. 10-11 ) . An basement in a substantially improved existing basement in a substantially existing basement in a substantially structure is not allowed to remain improved structure can remain if improved structure is not allowed to (p. 10 and 14-15) . floodproofed (p. 10-11 and 14-16) . remain if it is in residential use (p. 10 and 14-15) . An existing basement in a substantially improved structure is allowed to remain if it is in non- residential use and floodproofed (p. 10-11 and 14-16) . • New outside storage of material or New outside storage of material or equipment, including flotable materials, equipment, including flotable materials, is not allowed (p. 20). is not allowed (p. 20) . 7 8 Summary of Floodplain Fringe Development Regulations Residential Development Non = Residential Development Mixed - Use Development ( Residential and Non - Residential in the same building) • New residential development is not • New non-residential development New mixed-use development is allowed . is allowed . Must meet the freeboard not allowed . requirements (p. 10-11 ). • Fill is allowed . Fill is allowed . Fill is allowed . • Residential additions are not allowed. Non-residential additions are allowed . • Residential additions are not allowed to Must meet the freeboard requirements a mixed-use structure . Non-residential (p. 10-11 ) , additions are allowed to a mixed-use structure . Must meet the freeboard requirements (p. 10-11 ) . • Remodels are allowed subject to the Remodels are allowed subject to the Remodels are allowed subject to the substantial improvement requirements substantial improvement requirements substantial improvement requirements (p. 14-15) . (p. 14-16) . (p. 14-16) . • Manufactured homes are allowed only Mobile buildings (modular offices) are to replace an existing manufactured allowed only to replace an existing home or fill a vacant lot in an existing mobile building or fill a vacant lot in an manufactured home park. existing mobile building development. • Redevelopment (rebuild) of an existing Redevelopment (rebuild) of an existing Redevelopment (rebuild) of an existing structure is allowed (p. 14-15) . Must structure is allowed (p. 14-16) . Must meet structure is allowed (p. 14-16) . Must meet meet the freeboard requirements (p. 10) . the freeboard requirements. (p. 10-11) . the freeboard requirements (p. 10-11) . • Attached garages are not allowed . Attached garages, detached garages and Attached garages, detached garages and Detached garages and sheds are sheds are allowed (p. 17) . sheds are allowed (p. 17). allowed (p. 17) . • Critical facilities are not allowed (See Critical facilities are not allowed (See • Critical facilities are not allowed (See proposed alternatives on p. 18) . proposed alternatives on p. 18) . proposed alternatives on p. 18) . Summary of Floodplain Fringe Development Regulations (continued) Residential Development Non - Residential Development Mixed - Use DevelopmentResidential and Non - Residential in the same building ) • New outside storage of equipment New outside storage of equipment or or materials that are considered materials that are considered "floatable" "floatable" is not allowed (p. 20) 0 is not allowed (p. 20) . • New basements are not allowed New basements are allowed . Must New basements are not allowed below below the freeboard level (p. 10) . An meet freeboard requirements and be the freeboard level for residential existing basement in a redeveloped or floodproofed (p. 10-11 ) . An existing portions of mixed-use structures (p. 10) , substantially improved structure is not basement below the freeboard level in a An existing basement in a redeveloped allowed to remain (p. 10 and 14-15) . redeveloped or substantially improved or substantially improved structure structure can remain if floodproofed is not allowed to remain if it is in (p. 10-11 and 14-16) . residential use (p. 10 and 14-15) . New basements are allowed for non-residential portions of mixed- use structures . Must meet freeboard requirements and be floodproofed (p. 10-11 ) . An existing basement in a redeveloped or substantially improved structure is allowed to remain if it is in non-residential use and floodproofed (p. 10-11 and 14- 16) . Summary of 500 -Year Floodplain Development Regulations Residential Development Non = Residential Development Mixed - Use Development Residential and Non - Residential in the same building ) • Life-safety and emergency response Life-safety and emergency response Life-safety and emergency response critical facilities are not allowed (p. 18) . critical facilities are not allowed (p. 18) . critical facilities are not allowed (p. 18) . 9 10 Freeboard • Freeboard is a factor of safety that accounts for the allowed rise in flood level due to development in the flood fringe and for larger floods and debris that may cause the flood elevation to be higher. • Freeboard is a measure of how high above the flood level the structure must be built or floodproofed. Residential Structures and Residential Portions of Mixed - Use Structures • Freeboard is 24 inches; • Must elevate the structure; not allowed to floodproof; and • The lowest floor of the structure (p. 12-13), including the basement, all HVAC and electrical, must be elevated above the freeboard height. Fill • Fill ductwork ated 24" elevated 24" crawl space 100-year 100-yea r flood level flood level Slab on grade foundation Crawl space foundation Example of redevelopment residential elevation (See p. 12-13 for detailed foundation designs) Freeboard continued Non = Residential Structures and Non = Residential Portions of Mixed - Use Structures • Freeboard is 24 inches; • Allowed to either elevate or floodproof the structure; • In the floodway, new basements are not allowed; • If elevating, the lowest floor of the structure (p . 12-13), including the basement, all HVAC and electrical, must be elevated above the freeboard height; and • If floodproofing, the structure as well as all HVAC and electrical, must be floodproofed to the freeboard height. Floodproofing uses various techniques to make a building water tight : • Sealants and waterproof membranes ; • Closure shields in front of doorways ; and • Mini -walls to protect window or stair wells . Floodproofing generally works only when flood depths are less than 3 feet . Store 100-year I I floodproofed 24" F1 flood level Fil above flood level Basement �floodproofing Example of new development non-residential floodproofing 11 12 Determination of Lowest Floor Based on Type of Foundation Slab on Grade Enclosure (above grade crawl space) The lowest floor elevation of a slab on 1 . The lowest floor elevation of a grade structure is measured at the top structure with an enclosure of the slab . that is built in accordance with the venting criteria (p . 17) is measured at the floor of the first finished ❑ ❑ Lowest floor floor . ❑ ❑ Lowest floor Freeboard E� elevation Freeboard Enclosure elevation Unfinished area Floor slab grade noHVAC l . A Basement 2. The lowest floor The lowest floor elevation of elevation of a structure a structure with a basement with an enclosure that is is measured at the top of the not built in accordance basement slab . with the venting criteria (p . 17) is measured at the lowest interior grade of ❑ ❑ the enclosure . ❑ ❑ Can have HVAC in Basement Lowest floor enclosed area Freeboard elevation Freeboard Enclosure Lowest floor Ielevation Determination of Lowest Floor Based on Type of Foundation continued Crawl Space ( below grade) The lowest floor of a structure with a crawl space is measured at the lowest finished floor if the following conditions are met: a. The velocity of the flood flows hitting the structure is less that 5 feet per second; b . The interior grade elevation that is below the flood elevation is no lower than 2 feet below the lowest adjacent grade; c . The height of the crawl space, as measured from the ❑ ❑ lowest interior grade of the crawl space to the top of the foundation wall, does not exceed 4 feet at any point; d . An adequate drainage system is in lace, including a °u°t work c No more than q g y p g Freeboard � f Vent Crawl space 4 feet to top of totally immersible pump; d foundation wall e . All ductwork, HVAC, hot water heater and electrical is b . 4raximum Pump pppppp�-P�2 feint elevated to the regulatory flood protection elevation; and f. Venting requirements (p. 17) are met. a Velocity < s ft. per sec . If the above conditions are not met, the lowest floor is determined based on the criteria for a basement (p. 12) . 13 14 Remodels or Repair of Damaged Buildings • Remodels and repairs are allowed subject to the substantial improvement requirements (p. 15-16) . • Vertical additions (pop-tops) are considered a remodel and are subject to the substantial improvement requirements (p . 15-16) . All remodel work , , Vertical including vertical ( Pop-top) addition , counts addition toward substantial improvement ❑ 1 � � 6 Basement Substantial Improvement and Redevelopment Substantial improvement occurs when all of the following conditions are met: 1 . A building permit is requested for any repair, reconstruction or improvement to a non-conforming structure, involving alteration of any wall, ceiling, floor or other structural part of the building; 2 . The cost of the improvement, or the amount of damage, equals or exceeds 50 percent of the market value of the structure either before the improvement or repair is started or before the building was damaged; and 3 . The cost is calculated cumulatively over the life of the structure . A substantial improvement policy ensures that non-conforming structures are brought into conformance over time and are therefore protected from flood damage and the risk to occupants is reduced . Redevelopment occurs when there is a substantial improvement and more than 50 percent of the wall perimeter of any floor of a structure that is partially or completely below the flood elevation is removed or replaced and the building footprint is not increased . Residential Structures and Residential Portions of Mixed - Use Structures If a substantial improvement occurs, the lowest floor (p . 12-13) of a non-conforming structure, including the basement, and all HVAC, electrical and utilities, must be elevated 24 inches above the flood elevation. After improvements, the structure will be protected from flood damage . If a redevelopment occurs, the lowest floor (p . 12- 100-yea r ❑ ❑ 13) of a non-conforming structure, including the flood level ❑ ❑ 100-year i basement, all HVAC, electrical and utilities, must 1 / flood level lelevated 24" be elevated 24 inches above the flood elevation. After improvements, the structure will be protected Basement Basement from flood damage . filled - in Before improvement After improvement Example of residential substantial improvement or redevelopment 15 16 Substantial Improvement and Redevelopment continued Non = Residential Structures and Non = Residential Portion of Mixed - Use Structures If a substantial improvement occurs, the lowest floor (p . 12-13) of a non-conforming structure, including the basement and all HVAC and electrical, must be elevated or floodproofed 24 inches above the flood elevation. After improvements, the structure will be protected from flood damage . If a redevelopment occurs, the lowest floor (p. 12- 13) of a non-conforming structure, including the basement and all HVAC and electrical, must be elevated or floodproofed 24 inches above the flood elevation. After improvements, the structure will be protected from flood damage . m m m m Apartments Apartments m m m m Store Store StoreJFdproofed Store " above 100-year ❑ ❑ [1] ❑ 100-year I od levelI ❑Iflood level flood levelStore Store Basement Basement Basemen Basement Before improvement After improvement Example of non-residential and mixed-use substantial improvements or redevelopments Garages , Sheds and Accessory Structures • Used only for parking or storage; • Is an accessory to a main structure; • Must be anchored to resist flotation; • All HVAC and electrical must be elevated to the Use flood freeboard level (p. 10- 11 ); ❑ ❑ Primary resistant Structure Garage materials • Can either elevate to freeboard level (p . 10-11 ) or be 100-year or Shed to 24" above flood level 1 flood level built at grade; and �6 M 4 If not elevated to freeboard level, the garage or shed fill vents must meet the following requirements : • Must have 1 square inch of venting for every square foot of enclosed area; Example of detached structure Must have at least two vents located on different sides of the structure; • Have at least one vent on the upstream side of the structure; Primary Bottom of vents cannot be higher than 1 foot Structure above grade; and On D Garage Use flood resistant Flood resistant materials must be used below the 100-year or Shed materials to 24" flood level above flood level freeboard level (p. 10-11 ) . fill vents Venting Calculation Example 600 square foot shed 600 square inches of venting required Example of attached structure Vent size : 12 " x 10 " = 120 sq . inches per vent 600 divided by 120 = 5 vents 17 18 Critical Facilities 100-year floodplain : • There are two proposed alternatives for regulating critical facilities in the 100-year floodplain: 1 . Life-safety and emergency response critical facilities are not allowed in the 100-year floodplain. 2 . All critical facilities not allowed in the 100-year floodplain. 500-year floodplain : • Life-safety and Emergency Response critical facilities are not allowed in the 500-year floodplain. Life-safety And Emergency Response Critical Facilities Examples Police or Fire Station NURSING HOME SCHOOL Hazardous Materials Critical Facilities Examples GAS STATION WAREHOUSE HAZARDOUS MATERIALS STORAGE Letter of Map Revision Based on Fill A Letter of Map Revision 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 will be "reasonably safe from flooding. " To meet this "reasonably safe from flooding" standard, all floodplain requirements (p . 8-9) must be met even if fill is placed and the property is "removed" from the floodplain by FEMA. 100-year Floodplain Floodway 100-year Fill flood level elevated 24" i Floodplain Fringe Example of fill placed in the flood fringe Plan View : Fill Floodplain Fringe - - - - - - - _ _ _ Floodway - - - - - - - _ _ 19 20 Outside Storage of Materials or Equipment and Floatable Materials • "Floatable material" is defined as material that is not secured in place or completely enclosed in a structure so that it could float off-site during a flood and potentially cause harm to downstream property owners or that could cause blockage of a culvert, bridge or other drainage facility. • In the floodway, all outside storage of material or equipment, including floatable materials, associated with any non-residential use is not allowed . • In the flood fringe, floatable materials associated with any non-residential use is not allowed . • In the flood fringe, outside storage of material or equipment that is not considered "floatable material" is allowed . Stacks of Lumber Containers and Drums Fleet Vehicles 0 0 0 ' 00 OD 0 Equipment Material Stockpile All of these examples are 40 OE floatable materials if not adequately secured . I Z O 0 Required Documentation and Submittals (Note: Some items may require a registered professional engineer. ) Building Permit and Development Review Approval Requirements • Floodplain Use Permit for any work being done on a structure or property in the floodplain. The permit fee is $25 or $325 if modeling is required. • Building plans showing foundation design, flood elevation, floor elevations, HVAC elevations, size and locations of vents, floodproofing design and other relevant information. • Floodplain Modeling Report if doing a floodway modification (p. 5) . (See separate modeling guidelines handout. ) No-Rise certification may be required . • Other plans or reports to document information such as grading, fill, channel stability and floodplain boundaries. Certificate of Occupancy Approval Requirements • FEMA Elevation Certificate or FEMA Floodproofing Certificate for any new structure, addition, substantial improvement or redevelopment built in any floodplain. Allow two weeks for review and approval. Requires licensed surveyor or engineer for elevation certificate; requires licensed engineer or architect for floodproofing certificate . • Grading certification if working in the floodway. • As-built modeling report, if applicable. Variances The Fort Collins Water Board has the authority to issue variances to the floodplain regulations if certain requirements are met. The Board meets the fourth Thursday of the month. An application packet must be submitted three weeks prior to the board meeting, with a $325 application fee . (See separate variance submittal handout for documentation and justification requirements. ) Floodplain Determinations and Assistance Call Fort Collins Utilities at (970) 221 -6700 or e-mail utilities@fcgov .com to determine if a property is in the floodplain or to discuss floodplain regulations. More information about floodplain managment in Fort Collins is availalbe at www .fcgov.com / stormwater / fldplain.php . 21 22 rm `❑ � °� � A � � J / 0 \ \ 2 'gooCL � § § ; - a } - ( ( - ; D * \ ® g ( \ § ) � \ \§ \\ (/ § i Cl} ( - >° ,> > CL oa / / (DEP } � \ / / \ ± mz8 & * 8ma = R m cr \ } k \ z 3 / & $ &_ k3k E �§ \ \/ \ �> t ( - \ CD 0 (D k } � § \ \ \ / \ CL / Ln \ � CD (n � , � 0CD ZY _ \ / Z � � su / » lL 05g3 : z # 2 , Jzz � 0 ` = OW » § ; ! l2a , oO ! _ ° - o 0 / O \ ! k9 / sw } / C E ! iI ! § i , * % ' 2 » , 000 0 ° [ . r 0 � \ ( � � \ / a0 CD . ;su Cf & § 2[ ] E7 ] / 0 : !/ = w3 - ! f m =J Km ° \ \ / \ \ } 0 \ W ) k » 3m = < \ \ \ / \ \ \ \ D 2 - . . m Attachment 6 Excerpt Water Board Minutes December 7, 2006 Water Board Chairman City Council Liaison Ted Borstad 226-6158 David Roy Water Board Vice Chairman Staff Liaison Doug Yadon 484-3611 DeEtta Carr 221 -6702 Poudre River Floodplain Regulations Bob Smith, Water Planning Manager explained why the City of Fort Collins is reviewing the Poudre River Floodplain Regulations . Properties in the floodplain located in the City of Fort Collins have different regulations than those located in Larimer County. Buildable lots in the County are some times unbuildable in the City after they are annexed due to these different regulations. During the development of the East Mulberry Corridor Plan it was determined there was a need to try and get the regulations in the City and County as consistent as possible . Staff has been meeting with Larimer County and they identified where City and County regulations are the same and where they are different. Because each administers its floodplains a little differently, it would not be feasible to have the regulations for each jurisdiction exactly the same. However, staff has identified several areas where changes could be made to make the regulations more consistent. This was done under the premise of finding areas where common criteria was possible. Marsha Hilmes-Robinson, Floodplain Administrator, presented a power point presentation and explained the following points that are currently being covered by the City and Larimer County. • Current Floodway Regulations • Floodway Modification • Product 6 Corridor • Freeboard Level • Dryland Access • Critical Facilities • Letter of Map Revision based on Fill (LOMR-Fill) • Variances to Regulations A question was raised as to what happens if we do nothing. There are certain lots in the Poudre River Corridor, within the Growth Management Area, that will possibly be annexed into the City in the future. Therefore, it is beneficial to the City to have the County adopt regulations more consistent with the City criteria. A question was asked about the number of mobile homes in the floodplain. All mobile homes are in the County, not in the City. Requirements need to be met if a mobile home is allowed to be replaced. The County will continue to deal with the mobile home issue. The staff from both the City and County will be presenting this information to their respective Boards and Commissions prior to consideration by City Council and the County Board of Commissioners . An open house was held on November 14th and City Council was scheduled to discuss this matter at a work session on November 28th. It is anticipated that City Council will consider this matter formally after the first of the year. The Board discussed the City having higher standards when compared to the County' s and there being no clear answer for what they should be. Overall, a majority of the Board felt that with the changes being proposed, the City and County regulations were getting closer together. There was a consensus that changes recommended by the City Staff would result in an overall net future benefit to the City as additional property is eventually annexed. Board member Johannes Gessler made a motion, seconded by Board member Rami Naddy to endorse staff s recommendation of the floodplain regulations changes and to recommend Alternative #2 . The Board discussed the amount the City was giving up vs . what was being gained by the County becoming more restrictive . The Board discussed that this was hard to quantify, but that they were looking at it as a whole package . Reagan Waskom and John Bartholow did not endorse the motion. They felt that by accepting the motion they would be lowering the City ' s standards and they felt they should stay the same or be more restrictive . Motion passed with 7 Yeahs and 2 Nays . The Water Board ' s recommendation is that no critical facilities be allowed in the 100-year floodplain and the County may not agree. Excerpt from Land Conservation and Stewardship Board November 8 , 2006 - Meeting Minutes Poudre River Floodplain Regulations Jim Hibbard, City of Fort Collins Utilities Department, and Marcia Hilmes-Robinson, City of Fort Collins Floodplain Administrator were presenters . • Hibbard: We will visit various Boards and Commissions that may have input on the Poudre River Floodplain regulations. With regards to storm water, we are in the business of managing risk. So the overall perspective we have is balancing risk with regulations, which is a policy decision, and that is why we will also go to City Council Study Session later in November. Hibbard spoke to the four maps included in the packet to the Board. • Hibbard: The primarily reason for this presentation is to give the Board an idea and better understanding in regards to the Floodplain regulations . We are also interested in the Board' s opinions about what the impact may or may not be on lands owned by the City. Most of the regulations have to do with development and not land conservation; as a result there may not be many issues for the Board to address . Marcia Hilmes-Robinson gave a background summary to the Board: • Hilmes-Robinson: We were asked by the elected officials, as part of the adoption of the East Mulberry Corridor Plan, to review the Poudre River Floodplain Regulations . Regulations will not match between Larimer County and the City of Fort Collins because Larimer County regulates more on a land-use zoning, and the City of Fort Collins uses the regulatory approach. Hilmes-Robinson: spoke to the Board about the proposed Floodplain Regulation changes for the Poudre River discussing : • Will regulations match? • 100-year and 500-year flood probability • Floodway • Current floodway regulations - Proposed changes and the effect of change • Floodway modification • Current floodway modification regulations - Proposed change and effect of change • Current product corridor regulations for the City of Fort Collins and Larimer County - Proposed change and effect of change • Freeboard level and regulations - Proposed change and effect of change • Dry land access and regulations - Proposed change and effect of change • Critical facilities • Current regulations for critical facilities in the 100-year and 500- year floodplain. - Proposed change and effect of change with alternative options • Letter of map revision based on LOMR-fill, giving LOMR-fill examples and regulations - Proposed change and effect of change • Variances to regulations • What if nothing is done? • Staff recommended minimum changes • Poudre River floodplain regulations public outreach - NRAB — Oct. 18 - Water Board — Oct 26 - Land Conservation and Stewardship Board — November 8 - P&Z Work Session — November 13 , 2006 - Open House at Lincoln Center — November 14 (Joint Larimer County and City of Fort Collins) - NRAB — November 15 - Council Work Session — November 28 - Council 1st. Reading — January 16 (tentative) Hilmes-Robinson asked for questions from the Board. • Ting : Regarding the private in-holdings on the public land map when you look at the small areas that will be going to the half foot regulations, are they developable land? • Hibbard: Some of them are and some of them are not. We are talking about a strip of land going through the Lincoln Greens golf course, which will be slightly more developable. Secondly, would be a strip of land on the South side of Mulberry, and the third primary area is probably at I-25 and Harmony. These are the areas that are developable land. • Stokes : I would like to go back to the Bylaws of this Board, and why the Board was established. There is a very direct relationship between the Board and the Natural Areas . The Board wasn ' t construed to look at, for example, environmental impacts that would occur beyond a Natural Area. • Bertschy: The Natural Resource Advisory Board (NRAB) is looking at this also . • Stokes : The NRAB is the Board that has the broader environmental charter and would be looking at environmental impacts beyond Natural Areas . • Bertschy: The concern I have would be the Natural Areas that would be impacted by this, do we change the ability for public access in anyway for better or worse, by the changes of these regulations? • Stokes : As I understand it, for public facilities we are able to build within the floodway, where as the private individual would not be able to do any construction. • Hilmes-Robinson: What would be easier is that in some cases you may not have to do so much analysis to prove that you are not causing a rise . If you reduce the floodway area you' ve reduce the Product 6 Corridor area. • Bertschy: When a developer wants to develop a parcel adjacent to open space we own, do they get credit in their mitigation for the amount of water that will spread out on our land as opposed to the flood flow through their land. • Hibbard: No . • Stokes : From what I understand they would have to get an easement. • Bertschy: I am going to suggest to the Board that we not take action at this time and let the public process happen, and then weigh in. Unless someone is prepared to make a motion I think we should take action at the December meeting. • Hibbard: We can come back to this Board for the December meeting and discuss what we heard from City Council, and from the Open House. At that time we can see if that will change any recommendations . • Stanley: I worry about not giving something to Council before their work session. • McLane : I would like a clearer understanding as to why this is before this Board. I think we are straying a little from what this Board is charged with, and we need to be careful of that. • Hilmes-Robinson: What others do could impact your property over time . One, it might relate to how you manage the property. From the other side, we might get a little more rise than we would like because of the added fill, and that could impact your property. • McLane : I would like a staff recommendation on this. • Stokes : I went to Rick Bachand and Karen Manci the Natural Areas Sr. Environmental Planners, and although any activity through the river corridor has some effect on us we thought the impact would be very minimal to the Natural Areas . Keep in mind that we are talking about extreme flood events . • Grooms : I 'm struggling because I feel like if all is well in the Natural Areas, all we are adding is risk by extending boundaries . • Bertschy: I would like to see a map that shows the exact change by elimination of Product 6 Corridor. If we need to make a recommendation it would be difficult to craft in 2 hours . I think we should bring this discussion back to a future meeting. • Stokes : Jim showed me a copy of our municipal code and regulations applying to people who are doing development in a flood plain. Those criteria would be adopted by the County. There are some situations on the river, in the County in the urban growth area where we have seen very bad practices by private land owners, and nothing is happening about that. If the county will adopt those same code provisions, in my view, that would really help . Currently those landowners have no real requirement on them to pay attention to regulations . • Stanley: I would like to make a recommendation on at least alternative # 1 and #2 . Linda Stanley made a motion. Motion to support staff proposal for minimum changes, but that Council should consider environmental impacts evaluations required to be given full consideration as recommended to staff by the County under floodway modifications . We recommend Alternative 2 under the critical facilities flood center. • McLane : I oppose voting for this motion because, I feel, we do not have the information from the County that we need on how many properties would be affected, how many people ' s livelihoods would be affected, etc. I feel uncomfortable voting for what I don 't understand, and when I don' t know what the implications are . EXCERPT FROM NRAB OCT. 18, 2006 MINUTES Poudre River Floodplain Regulations by Bob Smith In 2000 the City adopted flood plain regulations for the Poudre River. Since that time regulations have been adopted for the rest of the City and the flood plains . As a follow up to the Poudre River, when the East Mulberry Corridor plan was being put together by the City and the County, one of the issues that came out of that were that the City and the County had different flood plain regulations . They would like to have the City and the County have the same regulations . Right now if a property gets approved in the County, is subdivided and platted, and then gets annexed into the City, they can ' t build on those lots . They sat down with the County and came up with eight criteria they would like to have the same . Smith showed the Board a presentation on the Poudre River Floodplain Regulations discussing at length those eight criteria: • Product Corridor • Dryland Access • Mobile Home Replacement • Elevation related to LOMR-Fill • Freeboard Level and Floodway Rise • Floodway Modification • Critical Facilities in 100-year floodplain • Critical Facilities in 500-year floodplain • Smith: We are scheduling an open house November 141h, talking to property owners on the East Mulberry corridor. Have a study session for November 28th council to give update and expect some direction. We are tentatively on the Council planning calendar for Jan 16th. That ' s the Poudre River Flood plain regulations . I guess the question I have is following this discussion, after you 've had time to digest this would you like me to come back and answer other questions you may have? • Skutchan and Staychock both asked that the materials be sent ahead of time. • Smith : What additional types of information would you like to see? I know there is a question about the demographics of the area inside the product corridor. We can break that out into public and private. • Skutchan: For me one of the key issues would be to show how these different regulations/identifications match up with the project area going away and the compromises being struck, how will all of the regulations fit into that? The transitions of the enforcement as you change the areas you are enforcing them on. A clear diagram on that? • Hilmes-Robinson. Looking for the zoning that the City has imposed. • Skutchan : Basically going back to the page with the differences, why are we wiping out that project area and what are we replacing it with? • Knowlton: The product corridor. • Skutchan : The impacts that it has overall in going back. • Hilmes-Robinson: Do you want the acreage? • Staychock: I would like that. • Skutchan: More of a corollary between what was in place and how those were being enforced to what is now in place and how those are being enforced. • Apt: Trade offs in number 5 . • Knowlton: After the study session maybe we can get with Bob . You will probably know better what changes might have occurred. • Staychock: We need to advise council before items go to their study session. If they will advise council it should before study session. What does everyone think about that? • Smith: We basically use it to present topic and ask what they would like to see before you consider this . • Knowlton: I think there are too many unresolved issues . • Smith: We would come back and do another round of meeting with the Boards and Commissions so you can have your final recommendation. You really don' t want to give your recommendation before a study session because Council may say we really don 't like this, tell us about this one . • Staychock: That is our function to advise Council on issues so that they can be more educated at their study session. Am I right or wrong on this? • Knowlton: In some cases things go to a study session when they are worked out. This seems to have some unresolved issues left including the one about the 100 year flood plain. I think it would be premature for us after this meeting tonight to make a recommendation. • Staychock: I agree 100% . • Donovan : So the question is weather we address it here or in November. • Staychock: Yes, that is exactly what I am saying. I think we should try to ask council what they expect. • Donovan: The question is in this case if we can come up with a recommendation that makes sense . • Knowlton: Should Bob come back to see us in November and would he have anything different to tell us? • Smith : There are some questions here I would like to respond to . I would be happy to come back. • Staychock: That would be great, and then I can have time to read the material. • Skutchan : I think just a quick up date and we read through our packets with additional questions . If we can make recommendation, then go for it. If we don' t feel we have enough at that time. • Petterson : To the extent we make a recommendation before the work session, it doesn' t have to be a fully formed. We are okay with most of it but we have concerns in this area and we encourage you to ask a lot of detailed questions or whatever. I say put some time on our November agenda to discuss this . • Stokes : If the Natural Areas is going to go out and try to buy something from a land owner, and we take part of it out of a regulated flood plain or flood way changes the value of the property. Some of these pieces don 't have any access as far as I can tell. It' s hard for me to read the map but in a lot of areas it doesn 't make a difference at all because of the physical characteristics of the property they can' t develop there anyway. • Donovan: Are you talking about the gravel pits . • Stokes : Yes, Bob what is that one called down south by the Resource Recovery? • Smith: The PIO pit? • Petterson : That is irrelevant to the 100 year flood plain. • Staychock: I hope there is some reason, some impetus that Smith and his staff are spending time on this . • Smith: The area that has not been done is along the Poudre . What came out of this is that we have different flood plain regulations and like the land use plan, can we come together. That is really why we are doing this . • Colton: I would like more information on the hazardous materials part of it. What is the danger, restriction, what kind of damage can occur? What is the potential danger, if not done by regulation, can land owners be required to carry some sort of liability insurance so the government doesn 't have to pick it up the cost. That is always the balance, more regulation protects the public . But if the private party doesn' t have to take care of the costs from the damage that caused, that' s not fair either. • Petterson: There are the financial considerations and there are the health considerations . • Colton : And the Natural Resources implications . What if a bunch of stuff washes down the river into our natural areas? • Skutchan: That is where I was going with that also . I wouldn ' t mind if you have anything on that but also the flood plain modification standards and how that impacts those areas . EXCERPT FROM NRAB NOV. 159 2006 MINUTES Stormwater Update Action Required — Bob Smith Smith gave a brief update. They have presented the plan to a number of Boards . The Board' s recommendations follow: • Water Board passed a motion supporting Option D, 100 year Critical Facility • Planning Board also supported that recommendation • Land Conservation and Stewardship Board —recommended that the Product Corridor be eliminated and also Dryland Access . There was a good turnout for the Nov 14 open house and staff received a lot of positive comments . They are scheduled for a study session Nov 28th with Council and tentatively scheduled for Council consideration after the first of the year and have focused their discussions on Floodplain Regulations . Staff s preference would be to get rid of the Product Corridor and Dryland Access . Stokes indicated that the Land Board also supported Critical Facilities . Staff feels that the plan will not have an impact on the environmental quality of the river. In terms of environment, staff liked that the County would accept general conditions of the code related to changes that would be made to the floodway. The City has other mechanisms in place to protect the environment on the river corridor which include building setbacks, the Land Use Code as well as Section 3 .4 . 1 of the code which deals with protecting natural features on private property. Staff also agreed on alternative D . Apt made a motion to adopt alternative D, Critical Facilities Peterson seconded the motion . Smith passed around the revised Poudre River Floodplain Regulation review property information and discussed the changes with the Board. Staychock confirmed the motion on the table was in support of Alternative D . The motion passed unanimously. A brief discussion followed regarding the conveyance of the Board ' s recommendation to Council. It was agreed that Smith would include the Board ' s recommendation in the agenda item summary indicating their support of Alternative D-Critical Facilities, due to the environmental impact. Attachment 7 Utilities electric • stormwater • wastewater • water MEMORANDUM City of Fort Collins DATE : December 13 , 2006 TO : Mayor and City Council Members THRU : Darin Atteberry, City Manager FROM : Michael B . Smith, Fort Collins Utilities General Manager Jim Hibbard, Water Engineering and Field Services Manager), RE : December 12 , 2006 Work Session Summary - Poudre River Floodplain Regulation Changes Utilities Staff provided information on proposed revisions to the floodplain regulations for the Poudre River. Following is a summary of that discussion. Work Session Participants City Council — Doug Hutchinson City Staff — Darin Atteberry, City Manager Karen Weitkunat Mike Smith David Roy Jim Hibbard Kurt Kastein Bob Smith Kelly Ohlson Marsha Hilmes-Robinson Ben Manvel Diggs Brown County Staff — Rex Burns Key Discussion Points 1 . Development of the recommended changes was done in the spirit of compromise of trying to bring the City and County regulations closer together. 2 . 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. 3 . The proposed changes will allow more lands to develop along the river corridor, but will also have some environmental benefits in enhancing the river corridor as well . 4 . One member of Council raised a concern the City was going lower to the County level , when the County should be going to the City ' s level of floodplain regulation . 5 . 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 . Next Steps 1 . Staff will provide additional information on FEMA ' s Community Rating System (CRS ) . 2 . Staff will bring the floodplain regulation revisions for formal consideration at the January 16`h' 2007 regular council meeting . 700 Wood 5t . • P. O. Box 580 • Fort Collins, CO 80'22-0580 • (970) 221 -6700 • FAX (970) 221 -6619 • TDD ' 970j 224-6003 e - mail : tilities (ii f u cgoti . com v,-XN' tiv. fcgov. comiutilities 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 11 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 : Sec. 10-16. Definitions . olle -hundred-year floodriain, which access is elevated above the base flood elevation so as to ensure the saf� passage of motor vehicles on the property during tinics of a base flood affecting tile property- 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- adjaeent land areas to the River that tymst be reserved in order to discharge the base flood without ennittlatively increasing the water stirffice elevation of the base floo Floodway modification shall mean any alteration to a channel thalweg, bed or banks of a floodway or prodnct corridor that would change the delineation of the floodway . Pi orinct corridor shall inean the channel of a watercourse or other ar potential flooding, thc bontidarics of which are defined by the depth of watcr, as measured in feet tymitiplied by the velocity of the water, as measured in feet pel- five-hundred-year flood such that the product is greater than or equal to six (6) , 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. Notwithstanding the foregoing, in the Pondre River floodpfain redcretop or foundation or to the ground surface , and rebuild the structure , or any portion of the struettirel ithout increasing the footprint of the struettireo Section 2 . That Section 10- 19 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 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, floodways, product corridors and erosion buffer zones delineated therein, together with any other delineations of flood - 3 - 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, produc 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 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 lroduc corridor 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, product corridors 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 ; -4- (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 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. Sec . 10-29. Conditions for variances. (f) Variances shall not be issued for development within the product corridor off +97 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. -5 - 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 and product corridor evaluations. Where otherwise permitted, any development, obstruction or activity that will result in an encroachment in or modification to the floodway or product corridor 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 by the General Manager, including but not limited to the considerations and requirements set forth in § 10-27 : ( 1 ) Required demonstrations a-for Ffloodway encroachments and/or modifications . At least one ( 1 ) of the following requirements must be met for any floodway encroachment or modification: fa. No rise . The development, obstruction or activity 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: a) l . 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 b)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 2b . 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 -6- easements sufficient to allow for the associated changes, and: njl . 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 b)2 . A certification signed by a registered professional engineer accurately documenting 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 . b . Product corridor encroachments and/or modifications . Airly development or activity resulting in an encroachment in o modification to the Pondre River product corridor shall be shown by appropriate floodplain modcling to restilt in no MCICase in the product corridor,-an& f A certification signed by a registered professional mcurately documenting that no increase in proposed dcvc1opinctit, obstruction or activity, in a form approved by the 6eneral Manager, rrms product corridor and as-built base flood elevati after completion of the development, obstruction or activity as resulting in tiv ITICt CaSC it, the Poudre River product corridor nittst be submitted prior to the issuance of a certificate of occupancy, or, in the event - 7 - no certificate Of O= Upancy is required, upon cotirpletion of tile itirprovenlents . (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 : Sec. 10-71 . Specific standards for development in Poudre River floodway and product corridor. In addition to complying with all other applicable provisions of this Article, all development in the floodway and product corridor 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 . (4) Redevelopment. Redevelopment of any structure is prohibited. For the purpose of this requirement, the definition of the term rederetopinen applicable to the Pondre River floodplain shall apply. (7) Accessory structures . -8- b. Reconstruction of an accessory structure that has been substantially damaged, or that constitutes redevelopment, is prohibited. for the purpose of this requirement, the definition of the term redevelopinen applicable to the Poudre River floodplain shall appIr. (8) Floodway modifications . corridor modification is prohibited except to the extent such modification is made in cormection with the development ofpublic infrastructure or public! owned recreational facilities . fn such cvcnt, the floodway or product corridor modification trmst comply with all applicable requirements, inchiding btft no limited to the requirements of § - .Floodway modification is prohibited unless all applicable requirements, including but not limited to the requirements of § 10-45 , are met. new st! Uctri C or addition to ot crtimlative substantial improvement of-any structurC . Section 8 . That Section 10-72 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec . 10-72. Specific standards for nonstructural development in Poudre River floodway and product corridor. 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 there is no placement of fill and all applicable requirements, including but not limited to the requirements of § 10-45 , are met. -9- (3 ) Hard surface paths, trails and walkways. Construction of new hard surface paths, trails and walkways is prohibited unless there-is-no placement of fill an all applicable requirements, including but not limited to the requirements of § 10-45 , are met. (4) Fill. Placement of fill is prohibited unless it is related to development of public infrastructure or publicly owned recreational f�cifiticsl in which case any fill that is placed fbr such developmen shall not cause a rise in the base flood elevation. Eligibility for Letter of Map Revision based on fill from FEMA shall not be considered an exemption from this prohibition. Fill related to mine reclatnation shall be allowed in the floodway and product corridor so long as said fill will not cause a rise in base flood elevations and s long as all changes in the floodway mid product corridor are on the —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 there is no placement of fill an 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. 1043 . Floodway encroachments in Poudre River floodway corridor. - 10- 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 and product corridor. 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) Bryland access . Bryland access must be ptovided to any nem residential structure or addition to or cumulative substantial 1111PIUMITICTIt Of an existing residential structure . 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. ( 9 ) Dryland access . Dryland access intist be provided to any nevvx nonresidential structure or addition to or ettintilative substantial inip, oveninit of a nonresidential structure . 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. 1047. Specific standards for mixed-use development in Poudre River flood fringe. (8) Dryland access . Dryland access must be provided to any new mixed- ttse structure or addition to or curnniative substantial improveninit o Section 14. That Section 10-80 of the Code of the City of Fort Collins is hereby amended to read as follows : - 11 - Sec. 10-80. Removal of property from Poudre River flood fringe. (a) Svbject to tfic provisions of Subsections (b) and (c) of this Scrtion an applicabic provisions of this eodc and the eity,s hand usc eode (including, withou , Property located in the flood fringe of the Poudre River may be removed from the one-hundred-year 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 - - I ments identified in the eity, s Pondre River Master Drainage Hanflood 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 one-fitindred-year floodplain, an at least fifteen ( f 5 ) perccnt of the property' s boundary is configttott;5 to there is dryland access from the property to a publicly maintained street o road and such access and street or road wonid not be flooded by a base fl-ood. 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) . 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, - 12- 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 one-hundred.year floodptainfloodone-hundred. 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. (c) if property is removed from the one-hundred-year floodplain in accordance with Paragraph (a)(2) of this Section, the lowest floor of any structure built oji- existing on such property must be elevated to or above the regulatory floo protection elevation, as set forth in § 10-37, and, if the structure is a manufacture home, it shall also comply with all the requirements of § f 0-4 1 . Section 15 . That Section 10- 81 (a) of the Code of the City of Fort Collins is hereby amended to read as follows : See. 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. Section 16 . That Section 10- 102 of the Code ofthe City of Fort Collins is hereby amended to read as follows : Sec. 10402. Specific standards for residential development in floodways of FEMA basin floodplains. In addition to complying with all other applicable provisions of this Article, - 13 - all residential 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 permitted, provided rohibited unless all applicable requirements, including but not limited to the requirements of § 10-45 are met. Section 17 . That Section 10- 103 of the Code of the City of Fort Collins is hereby 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 allowed, provide tlratprohibited unless all applicable requirements, including but not limited to the requirements of § 10-45 , are met. Section 18 . That Section 10- 104 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 10-104. Specific standards for mixed-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 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. (7) Floodway modification. Floodway modification is allowed, Mu prohibited unless all applicable requirements, including but not limited to the requirements of § 10-45 , are - 14- met. Section 19 . That Section 10- 111 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 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 a 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 . Section 20 . That Section 10- 113 ofthe 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) may be 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 one-hundred-year ood 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 10- 132 ofthe Code ofthe 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, - 15 - 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. (8) Floodway modification. Floodway modification is allowed, provide tiratprohibited unless all applicable requirements, including but not limited to the requirements of § 10-45 , are met. Section 22 . That Section 10- 133 of the Code of the City of Fort Collins is hereby amended 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 allowed, provide tiratprohibited unless all applicable requirements, including but not limited to the requirements of § 10-45 , are met. Section 23 . That Section 10- 134 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 10434. 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 allowed, provide thratprohibited unless all applicable requirements, including but not - 16- limited to the requirements of § 10-45 , are met. Section 24 . That Section 10 -201 of the 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 floodwayror flood fringe or product corridor area 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 6th day of February, A.D . 2007 . Mayor ATTEST : City Clerk - 17- Passed and adopted on final reading on the 6th day of February, A.D. 2007 . Mayor ATTEST : City Clerk - 18-