HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/04/2001 - FIRST READING OF ORDINANCE NO. 121, 2001, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 42
DATE: August 21, 2001
FORT COLLINS CITY COUNCIL STAFF: Mike Smith/Jim Hibbard
Bob Smith/Susan Hayes
SUBJECT:
First Reading of Ordinance No. 121, 2001, Amending Chapter 10 and Chapter 26 of the City
Code to Reflect the Adoption of a New Master Drainage Plan for the Canal Importation Basin
and Clarifying the Application of the Provisions of Chapter 10 to Floodplains in the City.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT:
The Canal Importation Basin Master Plan has identified $51.5 million in capital improvements
that are necessary to address flooding in the Basin. Funding of the Master Plan will be from
stormwater fees collected in the City. During the bi-annual budget process, specific projects will
be scheduled and funds appropriated based upon a city-wide prioritization of drainage projects.
There is no financial impact as a result of the revision of the floodplain regulations.
EXECUTIVE SUMMARY:
FLOODPLAIN REGULATIONS
Chapter 10 of the City Code includes provisions pertaining to the administration of the
regulations in regard to the floodplains that have been defined in the City. Included in the
current City Code is a provision that the General Manager of the Utilities shall administer the
floodplain regulations and shall' enforce the floodplain regulations on properties located in
floodplain adopted by City Council, in areas of known flooding, and in areas that have the
potential`to experience flooding. This latter provision of potential flooding areas means that
once a floodplain area has been determined the General Manager must start administering that
area under the provisions of the floodplain code even before formal adoption of the floodplain
and the applicable floodplain regulations by City Council.
The proposed ordinance eliminates the requirement that the General Manager of the Utilities
shall administer or enforce the floodplain regulations before adoption of the applicable
floodplain regulations by City Council. However, the proposed ordinance does recommend that
in areas where the floodplain is expanded due to a technical analysis resulting from the
implementation of new policy or new design criteria, the General Manager of the Utilities shall
apply the floodplain regulations with regard to new development, critical facilities, and
DATE: August 21, 2001 2 ITEM NUMBER: 42
hazardous materials on an interim basis. This change to the Code allows for the enforcement of
the floodplain regulations on significant new development that would be subject to flood hazards
and allows for a comprehensive review of the applicable floodplain regulations resulting in and
then the adoption of the final floodplain regulations for that floodplain.
In regard to the Canal Importation Basin, other changes to the Code resulting from the adoption
of the Ordinance would also limit the enforcement of the floodplain regulations in the Basin to
new development, critical facilities, and hazardous materials. The revision of the floodplain
regulations as they apply to the Canal Importation Basin would become effective after Second
Reading of the Ordinance or on September 14, 2001. After Second Reading, staff would initiate
a public process to perform a comprehensive review of the floodplain regulations that would
involve public outreach to determine the appropriate floodplain regulations for the Canal
Importation basin and would make recommendations to City Council. Staff.expects that review
to take about 9-12 months.
CANAL IMPORTATION BASIN MASTER PLAN
The Ordinance would amend Chapter 26 of the City Code to replace the 1980 master plan for the
Canal Importation Basin with an updated plan. The Canal Importation Basin is a highly
urbanized area encompassing approximately 3,200 acres in west central Fort Collins. Most of
this Basin was developed prior to drainage criteria being in place. Therefore, drainage channels
are too small or non-existent, irrigation canals and detention ponds overflow, streets and
intersections flood, and there are many structures in the 100-year floodplain that are exposed to
flood damage.
The total estimated cost of the proposed storm drainage improvements in the updated Canal
Importation Basin Master Plan is $51.5 million. Due to the highly urban character of this basin,
the recommended solutions are also highly urban or structural in character. In general, projects
include construction or enlargement of detention ponds, construction of open channels and storm
sewers, and enlargement of road culverts.
The net benefit provided by the projects is over'$109 million in today's dollars. Comparing this
to the estimated cost of implementing the proposed drainage projects, the benefit-cost ratio for
the &ister plan is 2:1. Although the cost of the Plan is high, its effectiveness is shown by its
high!y, ivorable benefit-cost ratio"'.
The Mas*e Plan has been prepared with significant staff and public input. A technical review
team, c`og of City staff£ from key departments and representatives from the ditch
companies and CSU, has provided input. Staff in the Golf, Parks and Recreation, and Natural
Resources departments have been directly involved in the review of the proposed projects. The
Water, Golf, Parks and Recreation, Natural Resources, and Planning and Zoning Boards have
had an opportunity to comment on the Plan. There have been three public open houses.
Meetings have taken place with the Chamber of Commerce, neighborhood associations and
property owners in the Basin. City Council discussed the Master Plan at the May 22. 2001 Study
Session.
As part of the Master Plan, a 100-year floodplain map has been prepared and is currently being
regulated per current City Code. Council's action will be adoption of the Master Plan and
DATE: August 21, 2001 3 ITEM NUMBER: 42
inclusion of the Canal Importation Basin in the floodplain section of the Code for the floodplain
regulation provisions pertaining to new development, critical facilities and hazardous materials.
Staff sent out over 100 floodplain information letters to individual property owners and worked
with those property owners on specific project proposals. There has been significant public
feedback regarding the application of the existing floodplain regulations. Staff has heard
concerns over the notice of the enforcement and applicability of the floodplain regulations to the
basin. As a result of this feedback staff is making the recommendation to revise the floodplain
code as described above and perform a comprehensive review of the regulations.
There has been additional public feedback about the prioritization of projects and which projects
will be done first. The current project schedule is based on both the Old Town and Canal
Importation Basins being high priorities, particularly those areas hardest hit by the 1997 storm.
BACKGROUND:
FLOODPLAIN REGULATIONS
Chapter 10 of the City Code includes provisions pertaining to the administration of the
regulations in regard to the floodplain that have been defined in the City. The purpose of the
floodplain regulations is to promote the public health, safety, and general welfare and to
minimize public and private losses due to flood conditions.
Included in the current City Code is a provision that the General Manager of the Utilities shall
administer the floodplain regulations and shall enforce the floodplain regulations on properties
located in floodplains adopted by City Council, in areas of known flooding, and in areas that
have the potential to experience flooding. This latter provision of potential flooding areas means
that once a floodplain area has been determined, the General Manager must start administering
that area under the provisions of the floodplain code even before formal adoption of the
floodplain and the applicable floodplain regulations by City Council.
The proposed ordinance would eliminate the requirement that the General Manager of the
Utilities shall administer the floodplain regulations before adoption by City Council. However.
the proposed ordinance does authorize enforcement of certain provisions for areas where the
floodplain is expanded due to a technical analysis resulting from the implementation of new
policy.or new design criteria on new development, critical facilities, and hazardous materials on
an interim basis. This change to the Code allows for the enforcement of the floodplain
regulations on significant new development that would be subject to flood hazards and allows
for a review of the applicable floodplain regulations resulting in the eventual adoption of the
final floodplain regulations for that area. This process would include the following steps:
• Based on a solid technical analysis, City Staff determines the floodplain, its boundaries and
characteristics based on new policy or new design criteria adopted by City Council.
• For those areas outside of the already adopted floodplain staff would enforce the critical
facilities, hazardous materials, and new development provisions of the floodplain
regulations.
• City staff makes recommendations on the regulations for that floodplain that was changed
based on a review of the floodplain regulations, the characteristics of that floodplain and
comments received during public outreach.
• City Council adopts the regulations applicable for the floodplain.
DATE: August 21, 2001 4 - ITEM NUMBER: 42
• City staff enforces the floodplain regulations adopted by City Council.
The proposed code revision also creates a section that specifically identifies the floodplains that
have been adopted by City Council.
In regard to the Canal Importation Basin, the change to the Code would remove the requirement
for the enforcement of the floodplain regulations except for those provisions that pertain to new
development, critical facilities, and hazardous materials. The revision of the floodplain
regulations as they apply to the Canal Importation Basin would become effective after second
reading of the ordinance or around September 14, 2001. After second reading staff would
initiate a public process to perform a comprehensive review of the floodplain regulations that
would involve public outreach to determine the appropriate floodplain regulations for the Canal
Importation Basin and would make recommendations to City Council. Staff expects that review
to take about 9-12 months.
CANAL IMPORTATION BASIN MASTER PLAN
The Canal Importation Basin is a highly-urbanized area encompassing approximately 3,200
acres in west central Fort Collins. Most of this Basin was developed prior to drainage criteria
being in place. Therefore, drainage channels are too small or non-existent, irrigation canals and
detention ponds overflow, streets and intersections flood, and there are many structures in the
I00-year floodplain and exposed to flood damage.
For drainage Basin master plans, the City uses the 100-year storm to identify problems and has
adopted the policy to provide 100-year protection only if the benefit of projects outweigh their
cost. This means it is possible to provide Tess than 100-year protection. However, the
regulatory floodplain is still mapped using the<100-year storm and property and structures
remaining in the floodplain after projects are built are subject to the floodplain regulations. The
enforcement of floodplain regulations ensures new problems are not created with the
development or redevelopment of areas in the floodplain.
In 1999, a higher rainfall standard was adopted based on a technical analysis of rainfall patterns
in the region. This higher rainfall has resulted in higher runoff and larger floodplains. This
requires all master plans to be updated to reflect the higher rainfall, and reevaluate the needed
capitals improvements. The Canal Importation Master Plan is the first to be completed since the
adoption of the higher rainfall standard.
Due to -the highly-urban character of this Basin, the recommended solutions are also highly
urban or stcuetural in character. The purpose of these capital improvements is to correct the
problems created in the past when development took place without consideration for storm
runoff. In general, projects include construction or enlargement of detention ponds, construction
of open channels and storm sewers, and enlargement of road culverts.
The overall plan reduces or eliminates the majority of damages caused by flooding in the Basin.
Structures in the 100-year floodplain will be reduced from 704 to 65. Flooding along W.
Elizabeth will be reduced, but not eliminated. Flows onto CSU at Elizabeth and Shields will be
reduced by over half.
DATE: August 21, 2001 5 ITEM NUMBER: 42
To the extent possible, the proposed projects provide opportunities to enhance and expand
wetlands and natural habitat areas to improve the quality of storm runoff. The New Mercer
Canal project is the one major project which will drastically alter the existing vegetation and
ditch corridor. The improvements to the New Mercer Canal will provide the desired flood
protection while leaving the Larimer County No. 2 Canal virtually untouched.
The total estimated cost of the proposed storm drainage improvements is $51.5 million. This is
an increase compared to the cost to build the remaining projects in the original Master Plan.
Two factors contribute to the cost increase: the increased rainfall and expansion of the scope of
the Master Plan to address additional local problem areas that were identified during the
development of the Master Plan.
Table 1 summarizes the damages due to current flooding and the damages expected when all
improvements are built. These amounts do not include other costs such as damage to public
infrastructure, emergency response, clean-up, etc.
Table 1
Current Damages Damages After Improvements
(in millions of dollars) (in millions of dollars)
Single 100-year Event $25 $2.38
Average Annual Damages $6.84 $0.84
Value of Average Annual
Damages in Today's Dollars $125 $15.3
(over 50 years)
The net benefit provided by the improvements is over $109 million in today's dollars.
Comparing this to the estimated cost of implementing the proposed drainage improvements, the
benefit-cost ratio for the Master Plan is 2:1. Put another way, the "rate of return" for the Master
Plan is 11.6%.
The Master Plan has been prepared with significant staff and public input. A technical review
team, consisting of City staff from key departments and representatives from the ditch
companies and CSU, has provided input. Staff from the Golf, Parks and Recreation, and Natural
Resources departments have been directly involved in the review of the proposed projects. The
Watts Golf, Parks and Recreation, Natural Resources, and Planning and Zoning Boards have
had an`opportunity to comment on the plan. There have been three public open houses.
Meetings have taken place with the Chamber of Commerce, neighborhood associations and
property owners in the Basin. City Council discussed the Master Plan at the May 22, 2001 study
session.
The Canal Importation Basin Master Drainage Plan seeks to balance the interests of the
community by proposing to:
• provide flood protection at the 100-year level for the majority of the Basin:
• reduce the incidence of overtopping and flooding of major streets and irrigation
canals; and.
• to the extent possible, enhance and expand wetlands and natural habitat areas to
improve the quality of storm runoff.
DATE: August 21, 2001 6 ITEM NUMBER: 42
Although the cost of the Plan is high, its effectiveness is shown by its highly favorable benefit-
cost ratio.
Attached is a staff memo and documentation about the Master Plan. The majority of information
was presented with the May 22 study session packet. All new information since the study
session is included on yellow paper.
I
ORDINANCE NO. 121, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 10 AND CHAPTER 26 OF THE CITY CODE TO
REFLECT THE ADOPTION OF A NEW MASTER DRAINAGE PLAN
FOR THE CANAL IMPORTATION BASIN AND CLARIFYING THE
APPLICATION OF THE PROVISIONS OF CHAPTER 10 TO
FLOODPLAINS IN THE CITY
WHEREAS, Section 26-543(a)(8) of the Code of the City of Fort Collins adopts by
reference, and declares as a part of the City Code, a master drainage plan for the area now known
as the Canal Importation Basin, (the `Basin") which plan is entitled "Diversion of Stormwater
Runoff through Irrigation Canals from Mulberry Street to Spring Creek", prepared by Resource
Consultants, Inc., dated July 1980 (the "1980 Plan,,); and
WHEREAS, City staff has developed an updated master drainage plan for the Canal
Importation Basin, entitled the "Canal Importation Master Drainage Plan", prepared by Anderson
Consulting Engineers, Inc., dated April 2001 (the "Updated Plan"),which Updated Plan is on file
in the office of the City Clerk and available for public inspection; and
WHEREAS, the Updated Plan has been reviewed by the City' s Water Board, Golf Board,
Parks and Recreation Board,Natural Resources Advisory Board, and Planning and Zoning Board,
and comments received from these boards have been considered in the final preparation of the
Updated Plan; and
WHEREAS, staff presented the Updated Plan to the City Council for review at its study
session of May 22, 2001, and received direction to present the Updated Plan to the Council for its
consideration at a regular meeting of the Council; and
WHEREAS the Updated Plan identifies significant potential flooding damage in the Basin
that could occur due to undersized or non-existent drainage channels,overtopping irrigation canals
and detention ponds, flooding streets and intersections, and many structures in the 100-year
floodplain; and
WHEREAS, the improvements recommended in the Updated Plan would provide flood
protection at the 100-year level for the majority of the Basin and reduce the incidence of overtopping
and flooding of major streets and irrigation canals; and
WHEREAS, to the extent possible, the improvements recommended in the Updated Plan
enhance and expand wetlands and natural habitat areas to improve the quality of storm runoff, and
WHEREAS,the overall benefits of the Updated Plan outweigh the cost of the improvements;
and
WHEREAS, the amendment of City Code Section 26-543(a)(8) so as to provide a current
reference to the Updated Plan instead of the 1980 Plan will assist the public in identifying the
appropriate plan associated with the Canal Importation Basin; and
WHEREAS, the 1980 Plan did not delineate a floodplain in the Basin, while the Updated
Plan does delineate such a floodplain; and
WHEREAS,on March 16, 1999,the City Council adopted Ordinance No. 42, 1999, which
approved certain new storm drainage design criteria(the"New Rainfall Standards")that revised the
City's standards for determining the amount of rainfall that would result in a 100-year or "base"
flood; and
WHEREAS, the adoption of the New Rainfall Standards has resulted in the expansion of
certain previously established floodplains; and
WHEREAS,the City Code currently requires that the General Manager of the Utilities(the
Director") apply the requirements of Chapter 10 Article II of the City Code, dealing with flood
hazard areas, in any area known to the Director to have experienced flooding in the past during a
base flood or to have the potential for flooding during a base flood, regardless of whether a
floodplain study, report or other designation has occurred; and
WHEREAS, as a consequence of the foregoing City Code requirement,the Director began
applying all of the requirements of Chapter 10,Article II to the floodplains identified in the Updated
Plan and to the additional areas outside of established floodplains that have been identified, based
upon the New Rainfall Standards, as being subject to possible flooding; and
WHEREAS, the City Council is in the process of considering the proper application of the
flood prevention and protection requirements of Chapter 10,Article II of the City Code to the Basin
and to other areas of the City that have been recently identified as being subject to potential flooding
because of the application of the New Rainfall Standards; and
WHEREAS, all of the floodplains identified in Section 10-19 will be periodically updated
based on new policy and or design criteria,such as the New Rainfall Standards,and such floodplains
will be larger than those adopted in the previous studies; and
WHEREAS, the City Council wishes to amend Chapter 10, Article II to limit the extent to
which the Updated Plan will affect the redevelopment of property within the Basin, and the extent
to which the expansion of floodplains resulting from the application of the New Rainfall Standards
or other changes in policy will affect the development and redevelopment of properties in all of the
expanded floodplains; and
WHEREAS,any such relaxation of floodplain restrictions in such areas should be temporary
in nature, pending further comprehensive review of the floodplain regulations, the physical
characteristics of the newly identified areas, and public outreach to parties that would be affected
by the application of the floodplain regulations in such areas, in order to determine the most
appropriate regulations to be applied to the same on a long term basis; and
WHEREAS, for the foregoing reasons,the City Council wishes to amend Chapters 10 and
26 of the City Code as set forth herein, in order to: (1) reflect the approval of the Updated Plan as
the master plan for the Canal Importation Basin, (2) provide for the initial application of the
requirements of Chapter 10 to certain activities in that Basin and to other basins where technical
analysis based on new policy or new design criteria has been completed which expands the
floodplain;and(3)clarify the basis for delineation of floodplain currently subject to the provisions
of this Article.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 10-19 of the Code of the City of Fort Collins is hereby amended
so as to read in its entirety as follows:
Sec. 10-19. Floodplain designation.
(a) The Flood Insurance Study dated January 1979, including any
revisions or amendments thereto, completed for the city by the Federal Emergency
Management Agency("FEMA")for the purpose of identifying floodplain areas,with
accompanying Flood Insurance Rate Map and Flood Boundary-Floodway Map, is
hereby adopted by reference and declared to be a part of this Article. The Flood
Insurance Study is on file in the office of the City Clerk.
(b) The additional floodplain studies or reports listed in this subsection
are hereby declared to be part of this Article, and any differences in floodplain
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 delineation. To the extent that additional technical analysis results in the
refinement of the floodplain 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 floodplain,the Director shall,pursuant to his or her duties
as set forth in §10-36(9), document the associated change in the floodplain
delineation,which modified floodplain delineation shall be the controlling floodplain
delineation for the purpose of this Article. A copy of the studies or reports shall be
on file in the office of the City Clerk. Documentation of any modification of a
floodplain delineation pursuant to this subsection shall be on file in the permanent
records of the Office of Utility Services.
(1) McClellands and Mail Creek Major Drainageway Plan, prepared by
Cornell Consulting Company and John S. Griffith, P.E., dated
December 1980;
(2) Foothills Drainage Basin Drainage Master Plan, prepared by
Resource Consultants, Inc., dated February 1981;
(3) Dry Creek Drainageway Planning,prepared by Gingery Associates,
Inc., dated January 1980;
(4) West Vine Drainage Basin Major Drainageway Plan, prepared by
Engineering Professionals, Inc., dated December 1980;
(5) Spring Creek Master Drainageway Plan, prepared by Engineering
Professionals, Inc., dated March, 1988;
(6) Fossil Creek Drainage Basin Master Drainageway Planning Study,
prepared by Simons, Li and Associates, Inc., dated August 1982;
(7) Old Town Master Drainage Basin Plan, prepared by Resource
Consultants & Engineers, Inc., dated January 7, 1993; and
(8) Canal Importation Master Drainage Plan, prepared by Anderson
Consulting Engineers, Inc., dated April 2001.
Section 2. That Section 10-20 of the Code of the City of Fort Collins is hereby amended so
as to read in its entirety as follows:
Sec. 10-20. Application to certain lands.
(a) Except as provided in subsection (b) of this Section, the provisions of this
Article shall apply to all floodplains within the jurisdiction of the city.
(b) Only the prohibition against the construction of critical facilities set forth in
§10-53(4) and the prohibition against the storage of hazardous materials set forth in §10-
53(5) shall apply to any and all development and redevelopment of property that occurs
within the floodplains that are delineated in the Canal Importation Master Drainage Plan
prepared by Anderson Consulting Engineers,Inc.,dated April 2001. Such prohibitions shall
also apply to any and all development and redevelopment that occurs outside of FEMA's
flood insurance study as referred to in §10-19(a) and outside of any area mapped as part of
any city designated floodplain established pursuant§10-19(b),but within an area determined,
by technical analysis using policies or design criteria approved by the City Council,to have
the potential for flooding during a base flood. However,all of the provisions of this Article
shall apply to any new development in the areas referenced in this subsection for which an
overall development plan,project development plan,or final plan is required under the city's
Land Use Code and has not been approved prior to September 14,2001,if such development
or redevelopment results in:
(i) the platting or subdivision of land; or
(ii) the construction or placement of any new building on a lot other than as an
accessory or addition to an existing building.
(c) If lands located outside the city limits are included within the floodplain, the flood
fringe or the floodway, the requirements of this Article shall apply to such lands upon
annexation.
Section 3. That Section 10-36(10)of the Code of the City of Fort Collins is hereby deleted.
Sec. 10-36. Administrator's powers and duties.
The duties and responsibilities of the Director,as defined in§10-16,shall include but
are not limited to:
Section 4. That Section 26-543(a)(8) of the Code of the City of Fort Collins is hereby
amended to read as follows:
See. 26-543. Master drainage plans.
(a) Master drainage plans are hereby adopted by reference and declared to be a part of
this Article for the following stormwater basins of the city:
(8) Canal Importation Master Drainage Plan, prepared by Anderson Consulting
Engineers, Inc., dated April 2001.
Section 5. The City Manager is hereby directed to conduct a comprehensive review of:
(aj the floodplain regulations and their application to existing and expanded floodplains,and-(b)as
well as a review of the physical characteristics of those floodplains, and to conduct outreach to
parties that would be affected by the application of the floodplain regulations in identified floodplain
areas,in order to determine the most appropriate regulations to be applied to the same on a long term
basis, and to report back to the City Council no later than September 30, 2002, with a report and
recommendation regarding any further amendments to the provisions of this Article that may be in
the public interest.
Introduced and considered favorably on first reading and ordered published this 21 st day of
August,A.D. 2001, and to be presented for final passage on the 4th day of September, A.D. 2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 4th day of September, A.D. 2001.
Mayor
ATTEST:
City Clerk