HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/03/2013 - SECOND READING OF ORDINANCE NO. 166, 2013, AMENDINAgenda Item 21
Item # 21 Page 1
AGENDA ITEM SUMMARY December 3, 2013
City Council
STAFF
Ken Sampley, Stormwater/Floodplain Program Manager
Jon Haukaas, Water Engineer Field Operations Manager
Lance Smith, Strategic Financial Planning Manager
SUBJECT
Second Reading of Ordinance No. 166, 2013, Amending Chapter 10 of the City Code to Revise Fees for
Floodplain Use Permits, Reviews and Variances.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on November 19, 2013 (Campana recused) adopts
new and updated floodplain review fees in Chapter 10 (Flood Prevention and Protection) of the City Code.
Chapter 10 outlines floodplain regulations that promote the public health, safety and general welfare and
minimize public and private losses due to flood conditions in flood hazard areas. A new fee structure will be
established to better assign costs to floodplain review applicants.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
During the City Council discussion on First Reading of the Ordinance, it was asked if this fee increase
consideration followed the past City Council Resolution 2006-113 providing a process for implementing
city fee increases. In 2011 the City Council revisited this issue and clarified the process by Resolution
2011-013 and finally replaced both Resolutions with Resolution 2011-082 (see Attachment 3), which
remains in effect today.
These Resolutions specifically address the fee setting provisions of Chapter 7.5 of the City Code and
Section 2.2.3(D) of the Land Use Code. The intents stated is to confirm the authority of the City Manager
to structure and set development review and building permit fees administratively, and that such fees
“should recover all related direct costs”
The Stormwater and Floodplain Fees under consideration are set in Chapter 10 of the City Code and
therefore any adjustment must be made by City Council adoption of an Ordinance as has been presented
here. Regardless, staff approached the review of these fees in the same manner and intent as the above
referenced Council Resolutions by applying a thorough review, rigorous accounting, review of similar fees
by other Front Range Cities, and a methodology to recover all related direct costs.
ATTACHMENTS
1. First Reading Agenda Item Summary, November 19, 2013 (w/o attachments) (PDF)
2. Ordinance No. 166, 2013 (PDF)
3. Resolution 2011-082 (PDF)
Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY November 19, 2013
City Council
STAFF
Ken Sampley, Stormwater/Floodplain Program Manager
Jon Haukaas, Water Engineer Field Operations Manager
Lance Smith, Strategic Financial Planning Manager
SUBJECT
First Reading of Ordinance No. 166, 2013, Amending Chapter 10 of the City Code to Revise Fees for
Floodplain Use Permits, Reviews and Variances.
EXECUTIVE SUMMARY
The purpose of this item is to adopt new and updated floodplain review fees in Chapter 10 (Flood
Prevention and Protection) of the City Code. Chapter 10 outlines floodplain regulations that promote the
public health, safety and general welfare and minimize public and private losses due to flood conditions
in flood hazard areas. The floodplain regulations require that proposed activities, uses, improvements,
or alternations within designated flood hazard areas be submitted to the City of Fort Collins for review to
ensure compliance. These items are reviewed by staff from the City’s Stormwater Master Planning and
Floodplain Administration Division. City Code specifies that applicants must pay floodplain review fees
for these services. The current fees do not provide a mechanism to properly account for the significant
review times associated with certain types of floodplain reviews including Conditional Letters of Map
Revision (CLOMRs), Letters of Map Revision (LOMRs) and variance requests. Staff recommends that
a new fee structure be established to better assign costs to floodplain review applicants. This Ordinance
establishes specific floodplain review fees for:
fences, accessory structures (sheds/garages), decks and fill or grading operations;
Building additions, improvements/remodels, redevelopment or new buildings;
Mobile homes, floodproofing of structures;
Variance applications;
City basin no-rise analyses and floodplain map revisions; and,
Federal Emergency Management Agency CLOMRs, LOMRs and LOMR-Fills.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Chapter 10 (Flood Prevention and Protection) of the City Code outlines floodplain regulations that
promote public health, safety and welfare and minimize public and private losses due to flood conditions
in flood hazard areas. City Code includes methods and provisions for:
1. Restricting or prohibiting uses which could increase erosion, flood elevations or velocities;
2. Requiring that uses vulnerable to flooding be protected at the time of initial construction;
3. Controlling the alternation of natural floodplains, stream channels and natural protective barriers
that help accommodate and convey floodwaters;
ATTACHMENT 1
Agenda Item 14
Item # 14 Page 2
4. Controlling filling, grading, dredging and development that increase flood damage; and,
5. Preventing or regulating the construction of flood barriers that unnaturally divert floodwaters and
increase flood hazards in other areas.
City Code specifies that applicants must pay floodplain review fees for proposed activities, uses,
improvements, or alternations within designated flood hazard areas these services. The intent is to
institute a “user pay” approach wherein an applicant who is requesting floodplain review services pays
instead of having those costs charged to stormwater utility customers, generally, through existing
stormwater service fees. The current fees and their respective dollar amounts have not increased since
they were originally adopted (early 1990s). The current fees do not provide a mechanism to properly
account for the significant review times associated with different types of floodplain reviews including City
Basin no-rise analyses and floodplain map revisions, FEMA Conditional Letters of Map Revision
(CLOMRs) and Letters of Map Revision (LOMRs) and variance requests.
FLOODPLAIN USE PERMIT
All activities requiring the issuance of a floodplain permit will have a base floodplain use permit fee of $50.
For minor submittals that require limited review [approx. one (1) hour or less], the floodplain use permit
fee will be the only fee required. For other submittals, more detailed Staff review is required. An
additional fee is necessary to cover the costs associated with these reviews. The proposed fee structure
is shown in Attachment 1 and has categories of review fees to be collected based on the level of review.
In general, the typical categories of floodplain reviews are:
1. Minor Improvements / accessory structures;
2. Redevelopment, new buildings, additions, improvements/remodels greater than 50% of the
value of the existing structure;
3. Mobile Homes, Floodproofing;
4. Variances; and,
5. Pre- and Post-Project Floodplain analyses (City basin, FEMA, CLOMR/LOMR).
Category 1 -- Minor Improvements / Accessory Structures
For fence, shed, garage and miscellaneous items, reviews are typically completed within one (1) hour so
there are no additional proposed fees. For review items that involve more staff time, the floodplain review
fees shall consist of the floodplain use permit fee of fifty ($50) dollars plus the following additional fee
based on the type of review submittal:
Deck/improvement or remodel less than 50% of the structure value ---------- $150
Fill or grading only --------------------------------------------------------------------------- $150
Category 2 -- Redevelopment, New Buildings, Additions, Improvements/Remodels Greater than
50% of the Value of the Existing Structure
Staff review for these items is dependent on the type of submittal. In general, more staff time is required
to complete these reviews when compared to those identified in Category 1. Floodplain review fees shall
consist of the floodplain use permit fee of fifty ($50) dollars plus the following additional fee based on the
type of construction:
Slab on Grade Construction -------- $150
Enclosure --------------------------------- $200
Crawl Space ----------------------------- $250
Category 3 -- Mobile Homes, Floodproofing
Staff review for these items is again dependent on the type of submittal. Floodplain review fees shall
consist of the floodplain use permit fee of fifty ($50) dollars plus the following additional fees:
Agenda Item 14
Item # 14 Page 3
Mobile Home ----------------------------- $250
Floodproofing ---------------------------- $250
Category 4 -- Variance Applications
The recommended variance fee is one thousand ($1,000) dollars to better reflect the average number of
hours (20) of staff review and preparation time associated with analyzing, presenting and documenting
the variance to the Water Board.
Category 5 -- Floodplain Analyses (City Basin, FEMA, CLOMR/LOMR)
These submittals, by their nature, require significant Staff involvement and review. In those instances
where a submittal to FEMA is required, Staff must review and acknowledge that the submittal meets
Chapter 10 requirements in advance of the applicant submitting it for FEMA review. These submittals are
typically associated with larger site development (new) and/or redevelopment. There are typically two
(pre-project and post-project) submittals for each of the following submittal types. A pre-project floodplain
use permit fee (not required for post-project submittals) of fifty ($50) dollars is proposed along with the
following additional fees.
FEMA Basin CLOMR/LOMR-Fill (includes 1st and 2nd reviews) ----------------------- $ 250
City/FEMA No-Rise without hydraulic analysis (includes 1st and 2nd reviews) ----- $ 250
City/FEMA No-Rise with hydraulic analysis (includes 1st and 2nd reviews) --------- $ 500
City Basin Prelim/Final Floodplain Map Revision (includes 1st and 2nd reviews) -- $ 1,000
FEMA Basin CLOMR/LOMR (includes 1st and 2nd reviews)------------------------------ $ 1,000
In order to promote more complete submittals and reduce the number of floodplain analyses and
CLOMR/LOMR reviews, Staff has proposed an additional fee for resubmittals after the 2nd review. This
concept is similar to that used by several other Colorado communities. The additional review fees for 3rd
(and higher) reviews have a base fee plus $50 per hour for reviews taking longer than typical review
times:
Plus $50/hour for
Base Fee + Reviews > than
FEMA Basin CLOMR/LOMR-Fill ------------------------------- $125 3 hours
City/FEMA No-Rise with hydraulic analysis ---------------- $250 5 hours
City Basin Prelim/Final Floodplain Map Revision -------- $500 10 hours
FEMA Basin CLOMR/LOMR ------------------------------------ $500 10 hours
FINANCIAL / ECONOMIC IMPACT
Stormwater staff performed an internal analysis using data collected over the last three years to
determine the approximate average amount of staff time associated with specific floodplain reviews.
Attachment 2 presents the results and reveals that the current fees do not appropriately reflect the
staff effort necessary to perform the review functions. As a result, staff recommends that the proposed
new fee structure be established to better assign costs to floodplain review applicants. This approach is
similar to that used by other Colorado communities.
BOARD / COMMISSION RECOMMENDATION
The proposed floodplain administration review fees were presented and discussed at the June 6, 2013
Water Board Work Session. At its September 19, 2013 meeting, the Water Board unanimously approved
the stormwater floodplain review fees (Attachment 3).
PUBLIC OUTREACH
Agenda Item 14
Item # 14 Page 4
Staff notified customers (developers, engineers, etc.) of the proposed floodplain review fees by postcard
mailing in late October 2013. The postcard provides general information and refers interested parties to
a city webpage developed specifically for the proposed floodplain review fees.
Public meetings included the Fort Collins Chamber of Commerce on October 4, 2013 and a Fort Collins
Utilities’ Key Accounts meeting and presentation on October 15, 2013.
ATTACHMENTS
1. Floodplain Review Analysis (PDF)
2. Water Board minutes, September 19, 2013 (PDF)
3. Work Session Summary, September 24, 2013 (PDF)
4. Proposed Fort Collins Floodplain Review Fees (PDF)
5. Powerpoint presentation (PDF)
- 1 -
ORDINANCE NO. 166, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF FORT COLLINS
TO REVISE FEES FOR FLOODPLAIN USE PERMITS,
REVIEWS AND VARIANCES
WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the
Charter of the City of Fort Collins, Colorado, to fix, establish, maintain and provide for the
collection of such rates, fees or charges for utility services furnished by the City as will produce
revenues sufficient to pay the costs, expenses and other obligations of the stormwater utility, as
set forth therein; and
WHEREAS, the existing fees for floodplain use permits and variances were last reviewed
and adjusted in the early 1990’s; and
WHEREAS, based on research and data collected by City staff, the new and updated fee
amounts set forth herein are reasonably related to the actual cost of providing the related
floodplain services, and are intended to cover a portion of such costs; and
WHEREAS, the following adjustments to the floodplain use permit, review and variance
fees in Chapter 10 of the Code of the City of Fort Collins are to go into effect on January 1,
2014; and
WHEREAS, based on the foregoing, it is the desire of the City Council to amend Chapter
10 of the City Code to reorganize and revise the fees 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 add the following definitions:
. . .
Conditional physical map revision (CPMR) shall mean a letter from FEMA officially
commenting on, but not revising, the effective Flood Insurance Rate Map, for a proposed project
that would, upon completion, affect the hydrologic or hydraulic characteristics of a flooding
source and thus result in a revision to, and republication of, one or more panels of the effective
Flood Insurance Rate Map to show changes in flood risk zones, delineations and flood elevations
of floodplains and floodways.
. . .
Final map revision shall mean a formal action by the Utilities Executive Director revising
the effective floodplain map for a City basin floodplain to show changes delineations and flood
elevations of floodplains and floodways.
- 2 -
. . .
Section 2. That subsection (j) of 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.
. . .
(j) An applicant for a floodplain use permit shall pay a permit application fee plus the
applicable review fees for the most costly of the associated analyses, as provided in § 10-
31.
Section 3. That Section 10-28 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 10-28. Appeals/variance procedure.
(a) The Water Board, as established in § 2-436, shall hear and decide appeals from
decisions of the Utilities Executive Director and requests for variances from the
requirements of this Article. Any final decision of the Board may be subject to review by
the City Council.
(b) The Water Board shall hear and decide appeals when it is alleged that there is an
error in any requirement, decision or determination made by the Utilities Executive
Director in the enforcement or administration of this Article. Persons desiring to appeal a
decision of the Utilities Executive Director to the Water Board shall at the time of
making such appeal pay a docket fee as provided in §10-31(d). Written notice of hearing
shall be given to the appellant at least three (3) days prior to the hearing by mailing the
notice to the appellant's last known address by regular mail.
(c) Persons desiring to request a variance shall at the time of application for said variance
submit a variance application together with a floodplain use permit application, and shall
at the time of application pay all fees due as provided in § 10-31(a). Written notice of a
variance hearing shall be given to the applicant at least three (3) days prior to the hearing
by mailing the notice to the applicant's address, as set forth in the variance application, by
regular mail.
. . .
- 3 -
Section 4. That a new Section 10-31 is hereby added to the Code of the City of Fort
Collins, to read as follows:
Sec. 10-31. Floodplain permit and review fees.
(a) An applicant for a floodplain use permit or party requesting review of a submittal
pursuant to this Article shall pay at the time of submittal a floodplain use permit (FPU)
fee of fifty dollars ($50.), together with the highest associated review fee, as follows:
Permit Type/Activity Fee
Additional Fees for
Reviews
After 1st and 2nd
Reviews
(1) MINOR IMPROVEMENTS, ACCESSORY
STRUCTURES
a. Fence/Accessory Structure
FPU Fee plus
$0 Not applicable
b. Deck/Improvement or Remodel less
than 50% of existing building value
FPU Fee plus
$150 Not applicable
c. Fill or Grading Only
FPU Fee plus
$150 Not applicable
d. Change of Use
FPU Fee plus
$0 Not applicable
(2) REDEVELOPMENT, NEW BUILDINGS,
ADDITIONS, SUBSTANTIAL
IMPROVEMENTS OR REMODELS 50% OR
MORE OF THE VALUE OF THE EXISTING
STRUCTURE
a. Slab on Grade
FPU Fee plus
$150 Not applicable
b. Enclosure
FPU Fee plus
$200 Not applicable
c. Crawl Space
FPU Fee plus
$250 Not applicable
(3) MOBILE HOMES, FLOODPROOFING
a. Mobile Home
FPU Fee plus
$250 Not applicable
b. Floodproofing
FPU Fee plus
$250 Not applicable
- 4 -
(4) VARIANCES
a. Variance Application
FPU Fee plus
$1,000 Not applicable
(5) PRE‐PROJECT FLOODPLAIN ANALYSES
a. FEMA CLOMR/CPMR
FPU Fee plus
$1,000
$500 each review,
plus $50/hr. for each
review hour over 10
hours
b. City Preliminary Map Revision
FPU Fee plus
$1,000
$500 each review,
plus $50/hr. for each
review hour over 10
hours
c. No‐Rise Certification with Hydraulic
Analysis
FPU Fee plus
$500
$250 each review,
plus $50/hr. for each
review hour over 5
hours
d. CLOMR‐Fill
FPU Fee plus
$250
$125 each review,
plus $50/hr. for each
review hour over 3
hours
e. No‐Rise Certification without
Hydraulic Analysis
FPU Fee plus
$250 Not applicable
(b) Any person submitting a post-project floodplain analysis for review shall pay at the
time of submittal the applicable review fee, as follows:
Post‐Project Floodplain Analysis
Fee
Additional Fees for
Reviews
After 1st and 2nd
Reviews
(1) FEMA LOMR/PMR $1,000
$500 each review,
plus $50/hr. for each
review hour over 10
hours
(2) City Final Map Revision $1,000
$500 each review,
plus $50/hr. for each
review hour over 10
hours
(3) No‐Rise Certification with Hydraulic
Analysis $500
$250 each review,
- 5 -
(4) LOMR‐Fill $250
$125 each review,
plus $50/hr. for each
review hour over 3
hours
(5) No‐Rise Certification without Hydraulic
Analysis
$250
Not applicable
(c) Additional fees due for review submittals after the second review shall be paid at the
time of submittal, except that additional charges per hour shall be due prior to the release
of review results.
(d) Any person appealing a decision of the Utilities Executive Director to the Water
Board shall at the time of making such appeal pay a docket fee in the amount of three
hundred dollars ($300.).
Section 5. That amendments set forth herein shall go into effect on January 1, 2014.
Introduced and considered favorably on first reading, and ordered published this 19th day
of November, A.D. 2013, and to be presented for final passage on the 3rd day of December, A.D.
2013.
______________________________
Mayor
ATTEST:
_____________________________
Deputy City Clerk
Passed and adopted on final reading on the 3rd day of December, A.D. 2013.
______________________________
Mayor
ATTEST:
_____________________________
City Clerk
plus $50/hr. for each
review hour over 5
hours