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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/05/2013 - FIRST READING OF ORDINANCE NO. 048, 2013, AMENDINGDATE: March 5, 2013 STAFF: Jon Haukaas, Ken Sampley, Marsha Hilmes-Robinson, Brian Varrella AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 34 SUBJECT First Reading of Ordinance No. 048, 2013, Amending Chapter 10 of the City Code Relating to Development in the Poudre River Floodplain. EXECUTIVE SUMMARY The final component of the Stormwater Repurposing program is to review the level of regulation protecting life and property for areas within the Poudre River floodplain. Staff is recommending that Council adopt revisions to the City Code that will establish a “performance-based” criteria and regulation that places more emphasis on life safety through advance warning and evacuation. The proposed Code language requires the development of a site-specific Emergency Response Preparedness Plan (ERPP) for additions, substantial improvements, change of occupancy, redevelopment and/or new development within the Poudre River 100-Year floodplain. The ERPP requires that procedures be established for evacuation a minimum of two hours in advance of when flood waters will impact the site and/or any portion of the designated evacuation routes. The Code language requires that the ERPP be reviewed and updated annually if there are substantive changes to elements of the plan. In order to facilitate the implementation of this new Code language, staff has developed the following documents: 1. A draft template that uses the requirements outlined in the proposed code language to guide the preparation of site-specific ERPP’s 2. A draft ERPP annual checklist form. The Working Committee and North Fort Collins Business Association (NFCBA) support the new approach and recommend that the proposed revisions to the Poudre River floodplain regulations be presented to City Council for adoption. The Water Board recommended approval of the proposed revisions as an enhancement to the existing regulations, but encouraged Council consider prohibiting any new structures (i.e., development, redevelopment, etc.) in the 100-Year Floodplain. BACKGROUND / DISCUSSION City Council requested a review of the Stormwater program in October 2008. Staff identified a list of issues to be addressed that included a review of the Poudre River floodplain regulations. The review was to focus on whether revisions were needed to better address foreseeable flooding risks to improve life safety and reduce property damage using a sustainable approach that considers environmental, economic and social factors. The current regulations focus almost exclusively on protecting new structures from flooding damage. Evolution of Floodplain Regulation Revisions The floodplain regulations have undergone thorough investigation and extensive public outreach over the last 2 ½ years. Floodplain regulation options have been presented and discussed previously at four Council work sessions, four Water Board meetings and three Natural Resources Advisory Board meetings. A Working Committee was created to provide public discussion on these revisions met eleven times with Stormwater and Poudre Fire Authority (PFA) staff between January 2011 and June 2012. The objective was to research, investigate and evaluate the potential development of an Adverse Impact Review (AIR) process and criteria. The current regulations allow non-residential development within the 100-year flood fringe on the Poudre River that meets specific criteria (i.e., freeboard, property use, etc.). Under these existing regulations, the potential flooding impacts associated with such development are not analyzed. In addition, the group considered additional life safety and property damage reduction criteria. The overarching goal was to establish criteria that balance the competing economic, environmental, and public safety values of the Fort Collins community. March 5, 2013 -2- ITEM 34 As a result of these efforts, and taking into account concerns expressed at Council work sessions regarding the development of an implementable approach that addresses community values, the proposed revisions have evolved over time. Options presented to Council over this time include: • No change to the Poudre River floodplain regulations (null alternative). • The Poudre River floodplain regulations be revised to adopt a 0.1 foot rise floodway • The Poudre River floodplain regulations be revised to not allow any structures in the 100-year floodplain. • Adverse Impact Review (AIR). The Working Committee and staff recommended to City Council that additional consideration be given to implementing specific life safety and property damage criteria that will enhance and support the existing floodplain regulations. At the work session in October 2011, Council directed staff to: • Investigate a "scalable" AIR regulation that would require additional investigation for any development that happens in areas with a higher potential impact to the flood elevations; • Work with PFA for the development of specific code language; • Examine a notification process similar to the Land Use Code with clarification of the associated legal issues from the City Attorney's Office; and, • Provide a consistent summary format for the various regulation comparison charts. In 2012, Stormwater and Poudre Fire Authority (PFA) staff worked in combination with the Working Committee to further evaluate the AIR process and develop specific life safety criteria. At its May 14, 2012 Working Committee meeting, the general consensus was reached to discontinue the development of a scalable AIR regulation for the Poudre River in consideration of: • the future construction of the Poudre River Downtown Core Improvements and subsequent reduction in potential development within the revised 100-year floodplain near College Avenue; • the Link-N-Greens area will develop using a full CLOMR/ LOMR process that will include improvements and enhancements to the Poudre River adjacent to the site; • understanding that the Poudre River RiskMAP process will result in dramatically changed (corrected) floodplain delineation, mapping and flood elevations; • taking into account that the Floodway Surcharge Analysis identified primarily small floodway impacts to the Poudre River section within the Mulberry Corridor; and, • noting that the Mulberry Corridor is in the Growth Management Area (GMA) and not within the City Limits. Floodplain Regulation Code Language Revisions The current regulations allow non-residential development within the 100-year flood fringe on the Poudre River that meets specific criteria (i.e., freeboard, property use, etc.). In addition, “dryland access” by elevating the access roadways is a typical consideration to ensure the safe evacuation of properties, but only when feasible. The final consensus of the Working Committee was that the Poudre River floodplain regulations should be revised to improve life safety by requiring the preparation of site-specific Emergency Response and Preparedness Plans (ERPPs) for additions, substantial improvements, change of occupancy, redevelopment and/or new development within the Poudre River 100-Year floodplain. Staff from the City and PFA were tasked with developing the final code language to incorporate proposed revisions to the Poudre River Floodplain Regulations into the City Code. The current effective Federal Emergency Management Agency (FEMA) 100-Year flood elevations reflect significant flooding depths (i.e., 2 to 3 feet on Vine Drive east of College Avenue) on existing public arterials and collectors that serve these areas. Requiring the construction of new emergency fire apparatus (access) roads to serve these properties in times of flooding is not feasible as it will result in excessive grades and extended lengths of “elevated” roadways that do not appropriately provide for improved life safety and emergency response. At the February 4, 2013 Working Committee meeting, staff proposed the following revisions which create a “performance-based” life safety regulation. Staff proposed that the Emergency Response and Preparedness Plan (ERPP) require procedures be established for evacuation a minimum of two hours in advance of when flood waters March 5, 2013 -3- ITEM 34 will impact the site and/or any portion of the designated evacuation routes. This places the emphasis on life safety through advance warning and evacuation instead of the costly and in many cases infeasible construction of “elevated” emergency access roads. It also avoids potential adverse floodplain impacts resulting from embankments constructed to elevate new access roads. The proposed Code language that reflects the elimination of the fire apparatus (emergency access) road requirements and includes the revised ERPP provisions is shown in Attachment 1. In order to demonstrate how the process would work, staff presented the following documents: • A draft template that uses the requirements outlined in the proposed code language to guide the preparation of site-specific ERPP’s • A sample ERPP for a property within the Poudre River 100 Year Floodplain situated along Vine Drive; and, • A draft ERPP annual checklist form. The Working Committee provided valuable feedback and comments on the updated approach as well as the draft Code language and ERPP forms. The latest versions of the ERPP template and annual checklist form are included as Attachments 2 and 3, respectively. FINANCIAL / ECONOMIC IMPACTS The proposed approach of requiring Emergency Response and Preparedness Plans (ERPPs) places more emphasis on life safety through advance warning and evacuation instead of the costly and in many cases infeasible construction of “elevated” emergency access roads. This approach is also significantly less costly than the scalable AIR approach. The requirement to prepare an ERPP is triggered by an addition, substantial improvement, change of occupancy, redevelopment and/or new development within the Poudre River 100-Year floodplain. Anticipated costs include those that are more easily estimated (initial preparation of the ERPP, annual review and update if conditions have changed) and implementation measures such as signage and instructions, emergency preparedness kit, mandatory practice drills, staff training, etc. which are more variable depending on the property location, type of structure, etc. The cost estimates for the ERPP itself are: • Initial Cost of ERPP Preparation $500 to $4,000 (Depends on complexity of site) • Annual Cost (Monitoring / Notices) $0 to $1,000 (Depends on use of own staff or contract with a meteorological consultant). Given the typically significant project costs associated with any of the development actions that would trigger the requirement to prepare the ERPP, the costs involved with the ERPP process are considered by staff and the Working Committee as reasonable in order to improve life safety. ENVIRONMENTAL IMPACTS The existing Poudre River Floodplain Regulations provide protection to the Poudre River by restricting development in the floodway and also, to a lesser degree in the flood fringe. Staff believes that the regulations in the Land Use Code (especially related to buffer standards) provide the additional protections desired by this community and that any additional code language in Chapter 10 of City Code (Flood Prevention and Protection) would be redundant and not provide a measurable additional benefit. When the Poudre River Floodplain Regulation Review was first initiated, one of the key areas of concern was protecting the natural and beneficial functions of the Poudre River near the Link-N-Greens Golf Course as this was the largest privately owned, undeveloped property along the Poudre River. The current floodplain regulations in combination with the Natural Resources Buffer regulations applied at the Link-N-Greens site are achieving the desired outcomes that were discussed at the beginning of the Poudre River Floodplain Regulation Review process. As part of the planned Woodward development of Link-N-Greens, considerable amounts of previously placed fill are being removed to lower the overbank to allow flows to spread out more frequently. This provides for reduced velocities and improved water quality. Some of this excavated material will be used to elevate the buildings to protect the structures from flood damage. An old meander bend is being recreated to allow the river to be more connected with the floodplain. Extensive plantings of native species will create more ecologically diverse habitats. Bank stabilization work will mitigate erosion problems along the stream banks. The river restoration work is being modeled to ensure that March 5, 2013 -4- ITEM 34 there is no rise in 100-year flood elevations on nearby property owners. The floodplain maps will be revised through the FEMA CLOMR and LOMR process to reflect the changes. This is clearly a success story of how the existing floodplain regulations and natural resources buffer regulations can work together to achieve property protection and improve natural and beneficial functions of the floodplain. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. It is the recommendation of staff that the existing Poudre River floodplain regulations be revised to incorporate the proposed Code language introducing the requirement that a site-specific Emergency Response and Preparedness Plan (ERPP) be prepared, implemented and maintained for additions, substantial improvements, change of occupancy, redevelopment and/or new development within the 100-Year floodplain. The ERPP shall be reviewed annually by the facility operator/owner and documentation shall be provided to the City during the first quarter of the calendar year for plans requiring no changes (annual checklist form) and for plans requiring changes (new ERPP plus annual checklist form). In making this recommendation, staff affirms the previously-expressed Council, Water Board and Natural Resources Advisory Board concerns for the natural and beneficial functions of the Poudre River, but believe that these protections are best addressed in the Land Use section of City Code, most notably the Poudre River Buffer requirements. BOARD / COMMISSION RECOMMENDATION Water Board At its February 21, 2013 meeting, the Water Board had an extensive discussion regarding the original options and the Adverse Impact Review (AIR) approach. Several Boardmembers questioned whether the proposed ERPP process significantly increases life safety if the regulations still allow non-residential development in the 100-Year Floodplain. Staff noted that any new development, redevelopment, addition or substantial improvement is required by the floodplain regulations to elevate new structures above the 100-Year Floodplain and to meet freeboard (additional 2 feet) requirements. This greatly reduces potential flooding of and damage to the new construction. The current regulations, however, do not address emergency access to and evacuation of these structures for employees, customers, vendors, etc. The intent of the ERPP process is to provide emergency response plans aimed at improving life safety by encouraging evacuation of these structures in advance of potential flooding. Prohibiting any new structures in the 100-Year floodplain was championed by some Boardmembers as providing an even higher standard for life safety. Concern was expressed that more emphasis should be placed on environmental considerations and protection of the natural and beneficial functions of floodplains. Staff noted that the existing regulations provide protection to the Poudre River by restricting development in the floodway and also, to a lesser degree in the flood fringe. Staff believes that the regulations in the Land Use Code (especially related to buffer standards) provide the additional protections desired by this community and that any additional Code language in Chapter 10 of City Code (Flood Prevention and Protection) is redundant and does not provide a measurable additional benefit. A key concern has been protecting the natural and beneficial functions of the Poudre River near the Link-N-Greens property. Staff from Stormwater, Natural Areas, and Parks have been actively involved in collaboration throughout the development review process. The proposed Woodward development is clearly a success story of how the existing floodplain regulations and natural resources buffer regulations can work together to achieve property protection and improve natural and beneficial functions of the floodplain. The Water Board motion below was approved by a vote of 10 to 1:: “In order to mitigate life-safety hazards, the Water Board recommends that the existing Poudre River floodplain regulations be revised to incorporate the proposed code language introducing the requirement that a site-specific Emergency Response and Preparedness Plan be prepared and implemented for additions, substantial improvements, change of occupancy, redevelopment and/or new development within the 100-Year floodplain. The Water Board would further recommend that City Council consider excluding new developments or structures within the 100-year floodplain.” March 5, 2013 -5- ITEM 34 Attachment 4 contains an excerpt of the minutes from the February 21, 2013 Water Board meeting Natural Resources Advisory Board (NRAB) At its February 20, 2013 meeting, the Natural Resources Advisory Board had an extensive discussion regarding the original options and NRAB’s previous recommendation that Council adopt the option prohibiting new structures in the 100-Year Floodplain. Staff noted that any new development, redevelopment, addition or substantial improvement is required by the floodplain regulations to elevate new structures above the 100-Year Floodplain and to meet freeboard (additional 2 feet) requirements. This greatly reduces potential flooding of and damage to the new construction. The current regulations, however, do not address emergency access to and evacuation of these structures for employees, customers, vendors, etc. The intent of the ERPP process is to provide emergency response plans aimed at improving life safety by encouraging evacuation of these structures in advance of potential flooding. NRAB members indicated that more emphasis should be placed on environmental considerations and protection of the natural and beneficial functions of floodplains. Stormwater staff noted that the existing regulations provide protection to the Poudre River by restricting development in the floodway and also, to a lesser degree in the flood fringe. Both Stormwater and Natural Areas staff stated that the regulations in the Land Use Code (especially related to buffer standards) provide the additional protections desired by this community. The proposed Woodward Development of the Link-N-Greens site presented to NRAB earlier in the evening was referenced as an example of how the existing floodplain regulations and natural resources buffer regulations can work together to achieve property protection and improve natural and beneficial functions of the floodplain. The NRAB chose not to provide a recommendation on the proposed draft Code language, citing the life safety focus as being outside of its charter. PUBLIC OUTREACH In 2012, Stormwater and PFA staff worked in combination with the Working Committee to further evaluate the AIR process and develop specific life safety criteria. The Working Committee met five times in 2012 and recommended that the development of a scalable AIR regulation be abandoned and that staff develop final Code language to limit flood depths on new fire apparatus (emergency access) roads to six inches and require the preparation and implementation of Emergency Response and Preparedness Plans (ERRPs) for properties that pursue some type of development or redevelopment. Working Committee At its February 4, 2013 meeting, the Working Committee concurred with the staff proposal to eliminate the six-inch flood depth criteria for emergency access roads and instead modify the ERRP requirements to create a “performance- based” life safety regulation requiring procedures be established for evacuation a minimum of two hours in advance of when flood waters will impact the site and/or any portion of the designated evacuation routes. The Working Committee Meeting minutes are provided in Attachment 5. In summary, the Working Committee’s recommendations to Council are: 1. Discontinue the development of a scalable AIR regulation; and, 2. Adopt the proposed draft Code language that requires new construction, additions, substantial improvements, redevelopment or change of occupancy of structures within the Poudre River 100 Year Floodplain to develop, obtain approval of, and implement an Emergency Response and Preparedness Plan. Chamber of Commerce On February 8, 2013, the proposed Code language and accompanying ERRP process, template and annual checklist were presented to the Chamber of Commerce. Attendees provided varied input and feedback on the process, but in general expressed that the new approach was much preferable to the AIR process that had been under consideration previously. March 5, 2013 -6- ITEM 34 North Fort Collins Business Association (NFCBA) On February 12, 2013, staff received an email (Attachment 6) from the North Fort Collins Business Association (NFCBA) expressing appreciation for the work that has gone into the investigation of potential revisions to the Poudre River Floodplain Regulations. The NFCBA is in support of the updated approach and identified some concerns/questions to be addressed in finalizing the process: 1. Clarify the potential liability for businesses, individuals that submit ERPP plans; 2. Recommend that the City consider providing training on the ERPP process; 3. Increase clarity on who is responsible for the ERPP (i.e. building owner, tenant); 4. Provide better information on expected initial / annual costs; 5. Recommend the City develop/offer a grant program for ERPP costs; and, 6. Requested that Council finalize the FP regulation review. Staff will address these issues in the finalization of the Code language and administrative procedures associated with the ERPP process. ATTACHMENTS 1. Proposed Code Language (Chapter 10 – Flood Prevention and Protection) 2. Draft ERPP Template 3. Draft ERPP Annual Checklist Form 4. Water Board minutes, February 21, 2013 5. Working Committee Meeting Summary minutes, February 4, 2013 6. Email from NFCBA Board Secretary, February 12, 2013 7. Council Work Session Summary, October 25, 2011 8. Council Work Session Summary, February 22, 2011 9. Council Work Session Summary, January 11, 2011 10. Council Work Session Summary, August 24, 2010 11. Powerpoint presentation ATTACHMENT 1 1 Formatted: Font: 11 pt, Bold Summary of Proposed Floodplain Regulation Changes For the Poudre River Revised 0-23-2013 Municipal Code Chapter 10 - Flood Prevention and Protection Definitions to be added to Section 10-16  Emergency response and preparedness plan  Fire code – will reference Chapter 9 of Municipal Code  Evacuation  Shelter-In-Place  Dry public road  Change of Occupancy Section 10-27 (Floodplain Use Permits) Require documentation of an emergency response plan, if required by Chapter 10. When the Utilities Executive Director is reviewing the application and determining if it meets the intent of Chapter 10, one of the factors to be considered is whether the proposed use is for human occupancy, and if so, the impacts to human safety and the extent to which emergency response and preparedness and other measures are required and have been assured in order to reduce safety risk. Clarify that the Utilities Executive Director may request a condition be placed on the release of the certificate of occupancy upon submission of final documentation of compliance. New Section 10-48 - Emergency Response and Preparedness Plans – (This will apply only to specific actions in the Poudre River Floodplain as noted below) For any structure required to submit an emergency response and preparedness plan, the following emergency planning and preparedness requirements will apply: Formatted: Centered Deleted: 1 Deleted: Municipal Code Chapter 9 – Fire Prevention and Protection¶ ¶ New item for inclusion in Section 503¶ ¶ Fire apparatus access roads shall be designed so as to not have more than 6” of flood depth in the regulatory 100-year flood event.¶ Deleted: ground Formatted: List Paragraph, No bullets or numbering Formatted: Bullets and Numbering ATTACHMENT 1 ATTACHMENT 1 2 Formatted: Font: 11 pt, Bold I. Items to be included in an Emergency Response and Preparedness Plan 1. Risk Assessment a. Source, flood frequency, expected duration, timing, depth of flooding, b. Expected impact on activity and operations c. Identification of persons potentially impacted d. Impact on evacuation routes and emergency vehicle access to the site 2. Description of the method of receipt of flood warning 3. Identification and assignment of personnel to implement the plan 4. Procedures for Notification of employees, customers, and other building occupants, including: a. Contact information b. Redundant methods of notification c. Safeguards to ensure all employees received the notification; and d. General content of the notices to be provided 5. Description of Procedures for both Evacuation or Shelter-In-Place of building occupants, including: a. Method and responsibility for determination of appropriate response (evacuation or shelter-in-place). For the Poudre River, shelter-in-place is used only as a secondary response with evacuation as the primary response. b. Description of evacuation process, including i. Timing of opportunity to evacuate requiring for the Poudre River a minimum of two hours of lead time from when flood waters would impact the site or any portion of the evacuation routes. ii. Map and directions with evacuation routes including exits from building and from building to dry ground. iii. Mode of evacuation – walking, car, and/or provided transportation. iv. Alternative routes for evacuation when preferred routes are washed out or otherwise impassable c. A description of shelter-in-place, including: i. Description of safe on-site areas for shelter-in-place occupation ii. Development and maintenance of emergency preparedness kit containing supplies for three days including such items as food, water, blankets, flashlights, NOAA Weather radios, batteries iii. A communication plan for informing emergency contacts of those sheltered-in-place 6. Procedures for Protecting the Building from Damage or Hazardous Conditions, including: a. Plan for shut down of utilities or equipment b. Relocation of computers, documents, important resources to higher areas c. Required or other appropriate floodproofing measures 7. A Process for Distribution and Posting of Plan and Evacuation Routes and Shelter-In-Place Instructions Formatted: Bullets and Numbering Deleted: no more than ATTACHMENT 1 3 Formatted: Font: 11 pt, Bold 8. A description of Mandatory Training and Practice Drills; including a. Procedures for training employees, including future new employees b. Annual practice drills (plan during the first quarter of the calendar year) implementing the plan c. Documentation of practice drills and identified areas for improvement 9. A Description of Post Flood Recovery Measures, including a. Procedures for notification to employees and, if applicable, the public, of when it is safe to return b. Site clean-up procedures II. Documentation of emergency response and preparedness plan and required practice drills and related process improvements shall be on file and available at the facility for inspection. The plan shall be reviewed annually by the facility operator/owner and documentation shall be provided to the City during the first quarter of the calendar year for plans requiring no changes (City-provided form) and for plans requiring changes (new emergency response and preparedness plan). Sections 10-71 (Poudre Floodway), 10-76 (Poudre Flood Fringe Non-Residential Development) and 10-77 (Poudre Flood-Fringe Mixed-Use Development New construction, additions, substantial improvements, edevelopment, or change of occupancy of any structure shall be required to comply with the emergency response and preparedness requirements (see above). Deleted: <#> Documentation of PFA-approved fire apparatus access road shall be provided.¶ Deleted: or rr Deleted: Sections 10-74 (Change of Use - Poudre Floodway) and Section 10-79 (Change of Use – Poudre Flood Fringe)¶ ¶ Any Change of Use shall be required to comply with the emergency response and preparedness requirements (see above).¶ 1 Emergency Response and Preparedness Plan (ERPP) In order to mitigate life-safety hazards to occupants of private property within the Poudre River floodplain, Chapter 10 of City Code requires for non-residential and mixed-use additions, substantial improvements, change of use, redevelopment and/or new development that private property owners demonstrate flood- preparedness through the development and implementation of a site-specific Emergency Response and Preparedness Plan (ERPP). The plan includes, at a minimum, conditions and methods for emergency preparedness and evacuation from the property. If desired by the property owner, additional measures for flood protection may be included. Applicant Information Name of Business: Type of Business: Address: Street Address Unit # City State ZIP Code County Parcel ID #: Business Phone Number: ( ) Reason for Review: Redevelopment Annual Update New Structure Addition Change of Occupancy Other: Substantial Improvement Designated Responsible Party and Status of ERPP Submitted Date: Accepted Date: City Staff Signature: By signing this Emergency Response and Preparedness Plan (ERPP), I understand that this property is at risk of flooding. I understand that the ERPP is a tool to help in the planning and response for potential flood events. In the first quarter of each year I agree to: 1) review the ERPP and submit any changes to Fort Collins Utilities; and 2) if there are no changes to the ERPP, I will submit the necessary paperwork documenting that the plan has been reviewed, and 3) I will conduct a practice drill of the ERPP. I understand that the ERPP may not consider all possible scenarios that could result in property damage or life-safety issues related to flooding and that it is the responsibility of owners, operators and managers of an occupied facility to be aware of the potential flood threat and to take appropriate actions to protect lives and property. Signature of Designated Responsible Party: ATTACHMENT 2 2 Authorized Persons (Staff Contacts) The Designated Responsible Person is responsible for preparation and oversight of implementation of the plan. The Primary Person may be the same, or a different, person, who is responsible for executing the plan in the event of an emergency. The Primary Person, and Backup Person, as applicable, will redirect resources and, ultimately, shut down operations, if necessary. These persons will also initiate evacuation in the event of an emergency. I understand that the ERPP is a tool to help in the planning and response for potential flood events. I understand that the ERPP may not consider all possible scenarios that could result in property damage or life-safety issues related to flooding and that it is the responsibility of owners, operators and managers of an occupied facility to be aware of the potential flood threat and to take appropriate actions to protect lives and property. Primary Person: E-Mail Address: (Name) Title: Work Phone: ( ) Cell Phone: ( ) Other Contact: ( ) The back-up person should be trained to fulfill all the duties of the primary person (monitor weather radio, have necessary apps/programs installed on personal devices). Back-Up Person: E-Mail Address: (Name) Title: Work Phone: ( ) Cell Phone: ( ) Other Contact: ( ) 1. Flood Risk Assessment a. Source of Flood Risk: Poudre River Not all floods are the same. While some floods develop slowly over days of heavy rain, others come in the form of swift moving flash floods, developing in mere minutes. It is important to monitor not only local conditions, but also upstream conditions that may include the following: Short Response Times (Minutes to Hours)  Flash Floods due to local rain  Rain on snow  Dam Break  Debris Blockage up/downstream Longer Response Times (Hours to Days)  Rain on Snow  Snowmelt  Debris Blockage up/downstream The property must be evaluated for how it will be impacted by flooding. This includes the direction from which flood waters will come onto the property; critical infrastructure that will be impacted (i.e. buildings, access, etc.); and the potential for debris blockage that will change the flooding characteristics and/or timing. ________________________________________________________________________________________________ ________________________________________________________________________________________________ This section to be filled out by an engineer: 3 To complete the information below, identify the location of the critical infrastructure that will be impacted first and complete all information with respect to that location. Critical Infrastructure Location: _________________ Elevation: _______ Source of Elevation Data: _____________ 100-Year Floodplain Elevation: Flow (cfs): Map Date: Depth of Flooding: 50-Year Floodplain Elevation: Flow (cfs): Map Date: Depth of Flooding: 10-Year Floodplain Elevation: Flow (cfs): Map Date: Depth of Flooding: b. While some floods may last only a few hours, others may persist for weeks at a time. Potential impact on activity and operations: No impact Some operations shut down All operations shut down, evacuation Building Flooded Hazardous-Material Spill Materials Floating Off-Site c. Persons potentially impacted: (i.e. employees, customers, vendors, suppliers, renters of space) d. Impact on evacuation routes and emergency vehicle access to site: How 100-yr flood will restrict access: How 50-yr flood will restrict access: How 10-yr flood will restrict access: No access restriction due to flooding:_______________________________________________________________ Critical Infrastructure Trigger Point When condition(s) trigger the 2 Hour Evacuation Warning? (Evaluate based on loss of access, impact to building, potential debris blockage, timing, etc.) ____________________________________________________________________________________________ 4 2. Method of Receipt of Flood Warning (Check all that apply) As a baseline expectation, responsible party shall monitor weather using tools such as CWCB Colorado Flood Threat web page, NWS Outlooks and Forecasts, etc. Weather Radio Backup batteries? (Make/Model) – See Appendix for Supplementary Information State Stream Gage at Mouth of Canyon (Primary) URL: http://www.dwr.state.co.us/SurfaceWater/data/detail_graph.aspx?ID=CLAFTCCO USGS Stream Gage at Lincoln Ave (Secondary) See Appendix for Gage Monitoring Resources USGS Water Alert Program (Gage Selected) (Gage Height) (Monitoring Device) Contract w/ Private Company for Notification: (Company Name) (Basis for Notification) Other: 3. Identification and Assignment of Personnel to Implement Plan (Chain of Command) In the event that the primary person is unavailable for whatever reason, at least one additional person must be trained on all notification and decision making processes. The same person may fill multiple roles. Primary Lead Person: ( ) (May Be Same as 1st Page) (Name) (Title) (Phone Number) Back-Up Lead Person: ( ) (May Be Same as 1st Page) (Name) (Title) (Phone Number) Monitor Water Level/Evacuation Leader: ( ) (Name) (Title) (Phone Number) Shut Down Operations: ( ) (Name) (Title) (Phone Number) Relocate Equipment/Materials: ( ) (Name) (Title) (Phone Number) Notify Employees of Emergency*: ( ) (Name) (Title) (Phone Number) Notify Employees OK to Return: ( ) (Name) (Title) (Phone Number) Lock-Up of Building/Final Check for Employees: ( ) (Name) (Title) (Phone Number) *The applicant must keep and maintain a list of all employees and their contact information that must be notified of an emergency. General employee contact info does not need to be submitted to the City. Businesses shall maintain a list of standardized procedures for these tasks (not required to be submitted). 5 4. Procedures for Notifying Employees, Customers, and other Building Occupants a Redundant Methods of Notification (Circle all that apply): PA Announcement, Call, Text, E-Mail, Other Notification(s): Describe Notification Process (Priority of Techniques): c. Safeguards to ensure all employees receive the notification: d. General content of notices to be provided: Example: “Severe flood warning at the ______ facility. Evacuate to higher ground immediately using evac route A” If time allows, notify vendors/suppliers of shutdown. 5. Procedures for Evacuation or Shelter-In-Place of Building Occupants a. Determination of appropriate response: Description of evacuation process: Ready, Set, GO! The ready, set, go system will allow site specific criteria to be chosen so it will be clear when to get going in the event of a flood. Describe specific response actions for each: Ready: Triggered by observation of weather conditions, thunderstorm or flood watch issued by the National Weather Service. Start actively watching stream gages via computer/smartphone. Pay close attention to weather radio and weather conditions.________________________________________________________________ Set: Conditions suggest a potential flood. Notify employees of possible need for evacuation. Prepare vehicles for evacuation. Initiate any planned flood protection measures. _____________________________________ GO: Time to evacuate. Notify employees. Go to rally point or dismiss employees. The goal is to leave at least 2 hours before the property will be affected by flood water. __________________________________________ ________________________________________________________________________________________ b. Site specific stream gage indicator table. To be filled out by Engineer. Gage Height Water Level Indication This section to be filled out by an engineer: 6  Preparation process will begin at the following gage height: Feet (This is the Set Point) Or when NWS __________________ alert is issued or ______________________________________  Evacuation process will begin at the following gage height: Feet (This is the GO Point) Or when NWS __________________ alert is issued or Mode of evacuation: Personal Vehicles Walking Company Provided Transportation Map of primary and alternative evacuation routes and building exits has been prepared and attached Rally Point Address/Location: Primary Route to Rally Point: Secondary Route to Rally Point: c. Shelter-in-place: For the Poudre River flood hazard area, shelter in place is used only as a secondary response with evacuation as the primary response. Potential locations for on-site shelter-in-place occupation: (i.e. Second Story Office) Emergency preparedness kit supplies: Food Flashlights Water NOAA Weather radios Blankets Batteries First Aid Kit Phone List of Emergency Contacts for Employees 6. Procedures for Protecting Building from Damage or Hazardous Conditions a. Plan to shut down utilities and equipment: Important things to do before evacuating (during Set phase):  Shut off natural gas  Shut off power  Shut down water supply  Move Floatable Materials to a Secure Location Equipment to shut down: 7 b. Relocation of computers, documents, and important resources to higher areas or offsite Location to move resources to: c. List other flood protection measures to be taken: (Ex. sandbags, install floodproofing gates or closure shields) *Any flood protection materials need to be clearly labeled and inventoried annually. These are optional at the discretion of the property owner, unless required as part of a floodplain use permit for a construction of a new structure, addition, substantial improvement, or redevelopment. 7. Process for Distribution and posting of Plan and Evacuation Routes Company-Wide meeting discussing ERPP: Date: Map of evacuation routes displayed in multiple visible locations: List of Posting Locations: Shelter-in-place areas clearly identified along with evacuation maps: Shelter-in-place areas remain unlocked and be clearly identifiable (signage): 8. Mandatory Training and Practice Drills a. Develop procedures for training employees, including future new employees (include in new employee orientation): Describe Training Process: b. Annual practice drills implementing the plan (Mandatory during 1st quarter of the year): Date of most recent practice: c. Documentation of drills, keep track of places for improvement: Track areas done well and areas for improvement d. Annual update sent to City Date: 8 9. Post Flood Recovery Measures All flood water is considered to be hazardous and not safe for direct contact due to potential wastewater contamination. The following items are suggested as typical flood recovery measures. Specific actions are at the risk and discretion of the property owner, and a specific flood recovery plan is recommended but not required to be submitted to the City. a. Procedure to notify employees and, if applicable, the public, when it is safe to return: Once the site is deemed safe, employees/vendors/renters should be notified that they may return. This can be done many ways: call, text, email, update website, etc. b. Site clean-up procedures:  Thorough documentation for insurance claims (pictures, inspection, damage assessment)  Inspection for animals, particularly snakes displaced by flood  Document flood levels  Contact insurance company  Contact restoration company  Mold remediation  Bleach, disinfection  IT Issues  Restore Utilities  Hazardous-Material Clean-up  City Substantial Damage Documentation  Building Permit for Needed Repairs  Health Inspection  Employee Assistance  Clean-Up of Equipment/Machinery 9 Appendix – Resources Weather Radios Many brands and models of weather radios are available for purchase. These vary from small desktop units to large scale systems that tie into a PA system. When looking for a weather radio to alert employees and customers of potential emergencies, there are a few key features to look for:  NWR S.A.M.E. (Specific Area Message Encoding) Capability o Allows user to receive only alerts for selected regions  Selectable alerting of events o This feature will allow the user to program the radio telling it what type of alerts to ignore  Battery backup o Keeps radio running even if all power is lost  It is recommended that users look for weather radios with the Public Alert and/or the NOAA Weather Radio (NWR) All Hazards logo  Tone alarm o Alerts users of notification  External antenna o If poor reception is discovered in the area where the radio is to be used, an antenna will boost the signal  External device jack o If the radio is in the front office which may not always be occupied, attachments such as strobe lights can be connected, alerting those outside the building of an alert 10 National Weather Service Streamflow levels The NWS notification stages and messaging for the Poudre River at the Mouth of the Canyon (FTDC2) revised 4/20/2010 are as follows: Action Stage: 6.0 ft Bankfull Stage: 6.5 ft Flood Stage: 7.5 ft Flood Categories Minor Flood Stage: 7.5 ft (Through 2011, a 57% chance of occurrence) Moderate Flood Stage: 9.0 ft (Through 2011, <10% chance) Major Flood Stage: 10.5 ft (Through 2011, <10% chance) Damage – Stage and Areas Affected 6.0 ft The river begins to threaten the McConnell Subdivision in LaPorte 6.5 ft The Cache la Poudre river will begin to overflow into low lying areas in and near Fort Collins 7.5 ft Considerable overbank flow and localized flooding occurs downstream in and near Fort Collins 8.5 ft The river rises to the base of the bridge at College Avenue in Fort Collins 9.0 ft Water flows into homes at College Avenue in Fort Collins 10.5 ft Numerous buildings are flooded in and near the town of LaPorte National Weather Service Watches and Warnings Terms to Know: Flood Watch Atmospheric and hydrologic conditions are favorable for long duration areal or river flooding. Flash Flood Watch Atmospheric and hydrologic conditions are favorable for short duration flash flooding and/or a dam break is possible. Flood Advisory Thunderstorms have produced heavy rainfall that may result in ponding of water on roadways and in low-lying areas, as well as rises in small stream levels. Flood Warning Long duration areal or river flooding is imminent or occurring or is imminent, which may result from excessive rainfall, rapid snow melt, ice jams on rivers or other similar causes Flash Flood Warning Excessive rainfall producing thunderstorms have developed, leading to short duration flash flooding. Flash flooding is imminent or occurring. A warning may also be issued if a dam break has occurred. 11 Accessing Stream Gages  Canyon Mouth Stream Gage There are multiple stream gages in the Poudre River that will be helpful in monitoring for potentially dangerous flows. One of these is located at the mouth of Poudre Canyon. This state-owned gage will be useful for watching for flash floods. If high flows are seen at this point on the Poudre River, they will reach Fort Collins in approximately 2 hours. If a flash flood warning is issued on a weather radio, the Division of Water Resources (DWR) website will allow users to track flow rates at the mouth of the canyon. This will enable users to watch for impending flood events. To get there, follow this URL: dwr.state.co.us On this page, you will see a map of Colorado. In the “Abbreviation” box to the right, type in the abbreviation CLAFTCCO and click “Get Station”. 12 On this page, a graph of discharges can be seen, along with the current gage height. It is recommended that you bookmark this page so it can be quickly accessed if need be. Compare the current gage height to your ERPP Ready, Set, Go Gage heights.  Lincoln St. Gage This gage is located at Lincoln St. in the Poudre River and is useful for tracking slower flood events. There are 3 methods for monitoring this gage: 1. The easiest way to stay up to date on river conditions at critical times is to subscribe to the USGS Water Alert program. To do this, go to this website: http://tinyurl.com/USGSWaterAlert and fill out the subscription form. a. It is highly recommended that you use your mobile phone to receive notifications to ensure you get them in time. b. In the “Threshold Condition” section, select the bubble for “Greater than (>)” and type “9” into the box. This will alert the user via text message when the stream gauge reads 9 feet of water, equivalent to 4210 cfs. At this stream height, the water is approaching the base of the College Ave. Action should be taken. 2. For iPhone users, a free app is available for download called FloodWatch. This app will use your location to find river gauges nearby. Select the gauge on the Poudre River near Linden St. a. Save this location to your favorite when prompted to do so (Figure 1). Figu b. Once curre the tim key g show 4). Figure re 1: Stream e this locatio nt status of me of the m gauge heigh w a graph of e 2: Basics Ta Gauge @ Lin on is saved f the water most recent hts and thei f the water ab Fig nden , the “Basic level (rising update (Fi ir meanings level activit gure 3: Stage cs” tab will g or falling) igure 2). T s (Figure 3 ty over the es Tab show up di , the curren The “Stages 3). The “He previous 7 Figure 4 splaying th nt height, an s” tab displa eight” tab w days (Figu 4: Height Tab 13 e nd ays ill ure 14 3. The first is to go to the USGS website: waterdata.usgs.gov. a. From here, click on “Current Conditions” b. On the map of the United States, click on Colorado c. Click the link on the right titles “Colorado Statewide Streamflow Real-Time Table” d. Scroll down the page until you see “Cache La Poudre” and click on the link to “06752260 – Cache La Poudre at Fort Collins, CO” e. On this page you will see a graph displaying the flow level in real time f. Compare this depth to the following table 1 Emergency Response and Preparedness Plan (ERPP) Annual Update In order to mitigate life-safety hazards to occupants of private property within the Poudre River floodplain, Chapter 10 of City Code requires for additions, substantial improvements, change of use, redevelopment and/or new development that private property owners demonstrate flood-preparedness through the development and implementation of a site-specific Emergency Response and Preparedness Plan (ERPP). The plan includes, at a minimum, conditions and methods for emergency preparedness and evacuation from the property. This Annual Update form shall be completed by the private property owner and submitted to the City during the first quarter of the calendar year for ERPP’s requiring no changes. If updates and/or revisions to the plan are necessary, an updated ERRP must be submitted to the City along with the Annual Update form. Applicant Information Name of Business: Business Phone Number: ( ) Name of Responsible Party: Primary Phone Number of Responsible Party: ( ) Annual Review of Emergency Response and Preparedness Plan (ERPP) The following questions are intended to identify whether it is necessary to prepare and submit an updated ERPP to the City. If the answer to any of the following questions is “Yes”, then That portion of the ERPP needs to be updated and submitted to the City. a. Are there any changes to the Authorized Persons and their respective contact information? Yes No b. Has the Responsible Party identified in the approved ERPP changed? Yes No c. Have there been any alternations or changes to ground elevations on the property (i.e. landscaping, parking lots, etc.) that could require an updated determination of the lowest elevation on the property? Yes No d. Review the primary and secondary evacuation routes. Are there any changes to these routes that would prevent their use? Yes No e. Have you changed your methods for receipt of flood warning notices? Yes No f. Are there any changes to the information contained in the “Identification and Assignment of Personnel to Implement Plan (Chain of Command)” section of the approved ERPP? Yes No g. Are any changes proposed to the procedures for notifying employees, customers and other building occupants as outlined in the approved ERPP? Yes No h. Are any changes appropriate or required to the designated trigger event for either: 1. Emergency Response Preparation Process? Yes No 2. Evacuation process? Yes No i. Are any changes proposed to the “Rally Point(s)” identified in the approved ERPP? Yes No j. Have there been any changes to the property (i.e. building, equipment) that necessitate additional procedures to protect the property from damage or hazardous conditions during a flood event? Yes No k. Does the evacuation route and shelter in place signage need to be updated? Yes No l. Do the mandatory training procedures and process need to be updated based on change in business operations, staffing, or other factors? Yes No ATTACHMENT 3 2 Annual Review of ERPP Submitted Date: Accepted Date: City Staff Signature: By signing this Annual Update, I certify that the approved ERPP on file with the City of Fort Collins remains applicable and does not require updating or has been updated and is hereby resubmitted in addition to this annual update form. I understand that this property is at risk of flooding and that the ERPP is a tool to help in the planning and response for potential flood events. In the first quarter of each year I agree to: 1) review the ERPP and submit any changes to Fort Collins Utilities; and 2) if there are no changes to the ERPP, I will submit the necessary paperwork documenting that the plan has been reviewed, and 3) I will conduct a practice drill of the ERPP. I understand that the ERPP may not consider all possible scenarios that could result in property damage or life-safety issues related to flooding and that it is my responsibility to be aware of the potential flood threat and to take appropriate actions to protect lives and property. Signature of Responsible Party: Excerpt from Unapproved Water Board Minutes, February 21, 2013 1 Poudre River Floodplain Regulations (Attachments available upon request). Mr. Haukaas introduced the item and introduced Stormwater and Floodplain Program Manager Ken Sampley. Mr. Sampley presented the purpose of the Poudre River Floodplain Regulations Review:  Review of the Poudre River Floodplain Regulations is the final component of the Stormwater Repurposing effort.  Review focused on whether revisions were needed to better address foreseeable flooding risks to improve life safety and reduce property damage using a sustainable approach that considers environmental, economic, and social factors.  Thorough investigation and extensive public outreach over the last two years. As a result of the extensive investigations and public outreach, proposed revisions have evolved over time. The original regulations included three options. A fourth option has been added to allow non-residential development that meets the Adverse Impact Review (AIR) Criteria. This item was presented to the Water Board in 2010 and 2011. Mr. Sampley presented the Water Board recommendation from September 2011. The item was also presented at a City Council Work Session in October 2011. Mr. Sampley presented Council’s direction to Staff. Staff and a working committee met five times between February and June 2012. Mr. Sampley presented the committee’s original recommendations:  Discontinue the development of a scalable Adverse Impact Review (AIR) regulation for the Poudre River.  Stormwater and PFA staff should develop final code language to implement the following life-safety criteria. Upon further consideration and detailed evaluation, Stormwater and PFA staff determined it was impractical and infeasible for many properties adjacent to the Poudre to construct fire apparatus roads to meet the proposed maximum flooding depth of six inches. Staff proposed revising the Emergency Response and Preparedness Plan (ERPP) requirements to create a “performance-based” regulation:  Eliminates the requirement to construct elevated emergency access roads  Requires that procedures be established for evacuation a minimum of two hours in advance when flood waters will impact the site and/or any portion of the designated evacuation routes. This places more emphasis on life safety through advance warning and evacuation. Staff presented their rational for eliminating the fire apparatus road 6 inch maximum flooding depth criteria to the Working Committee on February 4, 2013. The Working Committee discussed the new approach and provided feedback and comments. The Working Committee revised its recommendation to concur with that of Staff. ATTACHMENT 4 Excerpt from Unapproved Water Board Minutes, February 21, 2013 2 This information was presented to the Chamber of Commerce on February 8, 2013. Staff presented the rationale. The attendees discussed the new approach and provided feedback and comments. The information was also discussed by the North Fort Collins Business Association (NFCBA). The NFCBA is in support of the updated approach; however, they did have questions concerning liability, training, costs, etc. Mr. Sampley presented a summary of the code language provisions. He also presented the ERPP, including a template, example, and annual checklist form. Staff recommends the existing Poudre River floodplain regulations be revised to incorporate the proposed code language introducing the requirement that a site-specific ERPP be prepared, implemented and maintained for additions, substantial improvements, change of occupancy, redevelopment and/or new development within the 100-Year floodplain. Additional Considerations  Staff maintains that the natural and beneficial functions of the Poudre River are best addressed in the Land Use Code, most notably the Poudre River Buffer requirements.  Adoption of new Floodplain Rules and Regulations for the State of Colorado as approved by the CWCB will be presented to the Water Board in late summer/early fall 2013. Highlights from the discussion:  A board member expressed concern about the effectiveness of this approach.  A board member questioned the liability related to the ERPP Template. The board member suggested the form should have a signature line for the engineer completing the form.  A board member inquired about the consequence of not conducting an annual update. Mr. Sampley stated there is not an enforcement provision; however, an annual update would be required prior to any subsequent development review actions or approvals.  A board member suggested the form should have a section concerning if the property owner has been notified of changes to the floodplain.  The board members and staff discussed the concept of more stringent floodplain regulations versus the proposed emergency plan.  A board member feels new buildings should not be constructed in the floodplain. The board member feels the ERPP Plans are not sufficient and that individuals will still be at risk. The board member is also concerned about the rise to the floodplain if there are new developments.  A board member feels there is not political support from Council to keep new developments from being constructed in the floodplain.  A board member asked for clarification on how many new structures this applies to. The difficulties of predicting future development on the relatively small number of remaining parcels in the 100-Year floodplain were discussed.  A key concern has been protecting the natural and beneficial functions of the Poudre River near the Link-N-Greens property. The proposed Woodward development was identified as a success story of how existing floodplain regulations and natural resources buffer regulations can work together to achieve property protection and improve natural and beneficial functions of the floodplain. Excerpt from Unapproved Water Board Minutes, February 21, 2013 3  A board member asked how often the ERPP process will be reviewed. Mr. Sampley stated this will likely occur when the Poudre River floodplain is remapped as part of the FEMA RiskMAP program in 2015 or 2016.  A board member asked for clarification on how sediment from the High Park Fire will impact the floodplain within the next 10 – 15 years. Mr. Sampley stated sediment will have an impact on the floodplain as well as the water supply and measures may need to be taken. Mr. Haukaas reiterated that staff has no way to know the effects at this time.  The board members and staff discussed future modeling for the floodplain.  Mr. Haukaas suggested the board take action on what staff is proposing. If there are additional actions that staff should take related to the issue, the board can offer their suggestions.  A board member supports the suggested motion because it is a step forward, but feels it does not go far enough to protect the floodplain. Discussion on the motion: A board member would like to recommend that City Council consider no new structures in the floodplain. The board member feels this would still allow staff to move forward with the proposed regulations. The board discussed a friendly amendment to the motion. Vote on the motion: 10 for, 1 against. Reason for the nay vote: Board Member Brunswig: The plans are not enough and will not be implemented or followed correctly to serve the intended purpose. Board Member Brown moved that in order to mitigate life-safety hazards, the Water Board recommend that the existing Poudre River floodplain regulations be revised to incorporate the proposed code language introducing the requirement that a site-specific Emergency Response and Preparedness Plan be prepared and implemented for additions, substantial improvements, change of occupancy, redevelopment and/or new development within the 100-Year floodplain. Board Member Garner seconded the motion. Amended Motion: Board Member Brown moved that in order to mitigate life-safety hazards, the Water Board recommend that the existing Poudre River floodplain regulations be revised to incorporate the proposed code language introducing the requirement that a site-specific Emergency Response and Preparedness Plan be prepared and implemented for additions, substantial improvements, change of occupancy, redevelopment and/or new development within the 100-Year floodplain. The Water Board would further recommend that City Council consider excluding new developments or structures within the 100-year floodplain. Board Member Garner seconded the motion. POUDRE RIVER FLOODPLAIN REGULATIONS WORKING COMMITTEE February 4, 2013 5:30 – 7:30 PM Fort Collins Utilities Service Center 700 Wood Street (Training Room) Fort Collins, Colorado AGENDA I. Introduction / Opening Remarks (5 Min) Susanne Durkin-Schindler II. Minutes from June 25, 2012 Meeting (5 Min) Susanne Durkin-Schindler III. Emergency Access (fire apparatus) Roads (15 min) Ken Sampley A. Review SW and PFA Staff discussions B. Review prior 6” Flooding Depth Criteria C. Practicability, Financial, Flood Impacts 1. Vine Drive Example D. Change to Performance-Based Approach IV. Presentation/Discussion on Draft Language (20 Min) Marsha Hilmes-Robinson A. Elimination of Revision to Fire Code (Section 503) B. Revisions to City Code (Chapter 10) 1. Revised draft Code Language V. Emergency Response and Preparedness Plans (40 Min) Ken Sampley and A. Overview and Process Marsha Hilmes-Robinson B. Draft ERPP Template C. Example ERPP Plan D. Draft Annual Checklist Form E. Review and Discuss VI. Recommendation of Working Committee (20 Min) Susanne Durkin-Schindler VII. Public Outreach and Opportunities (10 Min) Ken Sampley A. Water Board (Feb. 21) and NRAB (Feb. 20) B. North Fort Collins Business Association (NFCBA) – TBD C. Chamber of Commerce (Feb. 8) VIII. City Council (5 Min) Ken Sampley A. March 5, 2013 Regular Council Meeting IX. Adjourn Susanne Durkin-Schindler ATTACHMENT 5 POUDRE RIVER FLOODPLAIN REGULATIONS WORKING COMMITTEE February 4, 2013 5:30 – 7:30 PM Fort Collins Utilities Service Center 700 Wood Street (Training Room) Fort Collins, Colorado MEETING PARTICIPANTS Facilitator:  Susanne Durkin-Schindler Working Committee:  Mike Gavin Mike Bello Andrea Faucett  Brad Anderson Sean Dougherty Dean Hoag  Mike Oberlander Ken Sampley Brian Varrella  Megan Bolin Greg Koch Marsha Hilmes-Robinson  Ron Gonzales John Hunt Others:  Jon Haukaas Chris Pletcher (Ayres Associates) MEETING SUMMARY Introduction / Opening Remarks Susanne Durkin-Schindler welcomed the attendees and provided introductory comments. Minutes from June 25, 2012 Meeting Susanne noted that the minutes from the June 25, 2012 Working Committee were distributed to Committee Members and interested parties by email on January 28, 2013. Also attached to the email were the following electronic documents that respond to previous input, and provide more detail on the proposed code language changes:  Save The Poudre Letter Response – 01_23_13  Letter to PRF Regulations Working Committee – 01_23_13  Attachment 1 – Final Draft Summary (Track Changes Version) of Poudre River Floodplain Regulation Changes 01-23-13 Susanne asked if there were any clarifications or changes to the minutes and none were offered. She asked that any requested changes be submitted to Ken Sampley by the end of the week. Emergency Access (Fire Apparatus) Roads Ken Sampley noted that at the June 25, 2012 Working Committee meeting, staffs from the City and Poudre Fire Authority (PFA) were tasked with developing the final code language to incorporate proposed revisions to the Poudre River Floodplain Regulations into the City Code for the City of Fort Collins. However, upon further consideration and detailed evaluation by Stormwater and PFA Staffs, it was determined that the criteria requiring the construction of fire apparatus (emergency access) roads for new construction or redevelopments in the Poudre River 100-Year Floodplain to meet a proposed maximum flooding depth of 6 inches is impractical and infeasible for many properties adjacent to the Poudre River. The current effective Federal Emergency Management Agency (FEMA) 100-Year flood elevations reflect significant flooding depths (i.e. 2 to 3 feet on Vine Drive east of College Avenue) on POUDRE RIVER FLOODPLAIN REGULATIONS WORKING COMMITTEE February 4, 2013 5:30 – 7:30 PM Fort Collins Utilities Service Center 700 Wood Street (Training Room) Fort Collins, Colorado existing public arterials and collectors that serve these areas. Requiring the construction of new emergency fire apparatus (access) roads to serve these properties in times of flooding will result in excessive grades and extended lengths of “elevated” roadways that do not appropriately provide for improved life safety and emergency response. Ken illustrated the issue using an aerial photograph of the properties near the College Avenue and Vine Drive intersection. As a result, Staff has proposed the following revisions which create a “performance-based” regulation. Rather than require the construction of new emergency access roads to meet the 100-Year storm event, it is proposed that the Emergency Response Preparedness Plan (ERPP) require procedures be established for evacuation a minimum of two hours in advance of when flood waters will impact the site and/or any portion of the designated evacuation routes. This will be discussed in more detail later in the meeting. Mike Bello asked what will trigger the requirement to prepare the ERPP. Ken noted that it would be required for properties/structures that are proposing either an addition, substantial improvement, change of occupancy, redevelopment and/or new development within the 100-Year floodplain. Sean Dougherty asked if this requirement will apply to residential structures as well. Staff indicated it would research this issue. (Subsequent to the meeting, Staff determined that the ERPP process would not apply to residential properties). The challenges of the 6” flooding depth requirement were discussed and there was general consensus that the elimination of the criteria was appropriate. Ron Gonzales noted that PFA staff has determined that its emergency rescue equipment is able to drive through up to 15 inches of ponded (no velocity) water. Mike Gavin noted that evacuation of people from potential flooding situations should be pursued where at all possible when compared with emergency rescues. Presentation/Discussion on Draft Language Marsha Hilmes-Robinson presented and reviewed the proposed code language (Attachment 1) based on the new approach requiring that Emergency Response and Preparedness Plans (ERPPs) require procedures be established for evacuation a minimum of two hours in advance of when flood waters will impact the site and/or any portion of the designated evacuation routes. Marsha identified key components of the ERPP process to include:  identification of flood risk  flood warning notification methods  procedures for notifying employees, customers, etc.  description of the evacuation process  shelter-in-place considerations  evacuation routes  procedures for protection of utilities  signage for evacuation/shelter instructions  mandatory training and practice drills  post flood recovery measures  development triggers  relevant Code Sections Mike Bello asked about the trigger associated with “change of occupancy” and indicated that term requires more definition. Ron Gonzales provided information on how “change of occupancy” applies with respect to the Fire Code. Mike suggested the term be clarified to “Change of Building Code Occupancy” and the proposal was supported by the Working Committee and Staff. John Hunt recommended clarifying 5 b. i. of the evacuation process to state evacuation should occur a minimum of two hours “before” flood waters would impact the site. It was agreed that Staff will review and revise the wording to better state this trigger point. POUDRE RIVER FLOODPLAIN REGULATIONS WORKING COMMITTEE February 4, 2013 5:30 – 7:30 PM Fort Collins Utilities Service Center 700 Wood Street (Training Room) Fort Collins, Colorado Mike Oberlander noted that the City already has established triggers when general notifications to the public are issued for flooding events through LETA911 and news releases. Emergency Response and Preparedness Plans (ERPPs) Ken Sampley presented an overview of the ERPP process. In accordance with previous discussions, Staff determined it appropriate to develop a template that incorporates and addresses the proposed code language provisions in a format that could be completed by an applicant with technical assistance from an engineering consultant experienced and qualified to assess flood risk. Staff contracted with Ayres Associates to assist in the development and preparation of the ERPP template, example and annual checklist. The intent is to simplify the process as much as possible, but still ensure that the needed information is assembled, evaluated and provided to establish a well thought out ERPP. Committee Members were referred to the draft ERPP Template (Attachment 2) and draft ERPP Annual Checklist Form (Attachment 3). Each section of the ERPP Template was presented and discussed. An example completed ERPP template for a property along Vine Drive was also presented and discussed with the Committee to provide an idea of how the document would be completed. Committee members provided feedback on highlighting certain key portions of the template to ensure clarity in determining which sections will require engineering assistance. Section 1 (Flood Risk Assessment) and Section 5 (Trigger points for evacuation process) were identified as key elements that require technical and engineering expertise. John Hunt asked if an applicant could identify and specify a very low threshold for evacuation to avoid having to do an analysis specific to his/her property. Megan Bolin asked if LETA911 could be used. Staff noted that LETA911 and news releases do not provide specific information for individual properties/structures. Sean asked that the ERPP template be clarified to note that Section 6 (Procedures for Protecting Building from Damage) is optional if the applicant desires not to develop a plan to protect his building equipment, computers, documents, etc. Working Committee members asked what the estimated costs are for the ERPP process. Ken noted that, based on the experiences of Ayres Associates, the initial costs are in the range of $500 - $4,000 (depending on the complexity of the site) and annual costs to receive flood warning messages are in the range of $0 - $1,000 depending on whether a consulting meteorological firm is used or if building/property staff can be trained to perform the required monitoring. In all likelihood, the initial costs are probably less than $2,000. It depends on how much of the ERPP is prepared by the property owner/applicant and how much is contracted to an engineering firm to complete. Sean asked if there is a way to opt out of the ERPP requirement. He stated that the costs to prepare the flood risk assessment, form, flood elevations and the on-going monitoring are more than he can afford. Staff reiterated that the ERPP requirement does not apply to existing structures and would only be triggered with a significant change to his property/structure. Sean asked if the City could provide all of the requested technical and engineering information to avoid costs to applicants. Jon Haukaas noted that if a property owner is improving, adding to or redeveloping his property and structures, he/she should have the responsibility for preparation of the required ERPP. Ken noted that the City should not be providing specific evacuation. POUDRE RIVER FLOODPLAIN REGULATIONS WORKING COMMITTEE February 4, 2013 5:30 – 7:30 PM Fort Collins Utilities Service Center 700 Wood Street (Training Room) Fort Collins, Colorado Greg Koch asked if structures associated with new development or redevelopment will have to be elevated to meet the current Poudre River floodplain regulations (100 Year BFE plus 2 foot freeboard), why is the ERPP still required? Marsha noted that the buildings may be elevated, but the remainder of the property including access to the structure may not be. The ERPP plans should have evacuation as the primary option. Shelter-in-place should only be a secondary option give the flooding risk and potential extended flooding duration. Staff agreed that additional review and refinement of the ERPP Template and ERPP annual checklist form are needed to improve the clarity of the documents. Recommendation of Working Committee Susanne asked for comments on the revised approach by Working Committee members. Sean Dougherty stated that the ERPP process seems reasonable, however he felt it would still be too costly for his property. Sean stated that this approach is much better than the AIR approach. He questions how it would apply to the property he currently owns, but sees the validity for redevelopment of multiple parcels. Mike Bello stated that the ERPP approach seems well thought out and logical. He stated that in order to initiate an addition, substantial improvement, redevelopment or new development, the property owner should expect to have costs associated with improving the property. Based on the estimated costs presented in the meeting, Mike thought they were appropriate and not out of line considering other typical development costs. Mike Oberlander suggested removing the references to 500 Year flooding events and evacuation from the template. All agreed that was a great suggestion. One Committee Member asked if the ERPP process was an overreaction to the potential flood risk on the Poudre River and referred to flooding in Lincoln, Nebraska. Brad Anderson stated that the flooding risk along the Poudre River must be acknowledged and that Lincoln has no higher flood risk than Fort Collins. Brad believes the ERPP process seems logical and costs to engage a consulting engineer to assist in their preparation should be minor. Greg Koch stated that the revised approach is well thought out and not an unrealistic criteria to apply. John Hunt stated that this seems like a more practical approach and avoids the significant infrastructure costs that would have been associated with elevating emergency access roads. John likes the performance based criteria and that it focuses on life safety. This is the least burdensome on property owners. He did think additional insight is necessary in how business owners (i.e. bars, restaurants) can implement evacuation procedures. Jon Haukaas stated the City will help applicants and provide support, however the preparation and ownership of the site- specific ERPPS should rest with the property/business owner. Megan Bolin expressed support for the approach and noted that the costs seem reasonable. Dean Hoag expressed support for the approach, but asked for additional guidance on how to implement the monitoring part of the plan. He requested that Staff consider providing training to assist applicants. Dean also questioned why this approach should also not be applied to all of the floodplains in Fort Collins. POUDRE RIVER FLOODPLAIN REGULATIONS WORKING COMMITTEE February 4, 2013 5:30 – 7:30 PM Fort Collins Utilities Service Center 700 Wood Street (Training Room) Fort Collins, Colorado Public Outreach and Opportunities Ken Sampley noted that the proposed draft language and floodplain regulation revisions are scheduled for presentation to the Chamber of Commerce on February 8, 2013. The proposal will also be presented to the Natural Resources Advisory Board (NRAB) on February 20, 2013 and to the Water Board on February 21, 2013 for their review and recommendations. There is also a potential presentation to the North Fort Collins Business Association (NFCBA) pending input from the NFCBA’s three Working Committee representatives. City Council Ken noted that the Poudre River Floodplain Regulations are scheduled for presentation at the March 5, 2013 City Council Meeting. Adjourn The meeting was adjourned at approximately 7:40 PM. 1 Ken Sampley From: Greg Woods <greg@workspaceinnovations.com> Sent: Tuesday, February 12, 2013 4:45 PM To: Ken Sampley; Brian Janonis; Lisa Rosintoski; John Stokes; Aislinn Kottwitz; Bennet Manvel; Bruce Hendee; Darin Atteberry; Gerry Horak; Karen Weitkunat; Kelly Ohlson; Lisa Poppaw; Mike Beckstead; Sarah Kane; Wade Troxell; Bill Greenlee (bgreenlee@jaxmercantile.com); Bill See (bill@heathconstruction.com); Charlie Mesercian (ftctrucks@yahoo.com); Dean Hoag (dhoag2000@aol.com); Don Butler (jhockr5141@gmail.com); Megan Greer; Michael Bello (mbello10@comcast.net); Michael Bello (michael.bello@thecpigroup.net); Neil McCaffrey (neil@bkctr.com); Ron Lautzenheiser (rklautz@msn.com); Sean Dougherty (sean@rmfa.com) Subject: RE: Poudre River Floodplain - Concerns and Meeting Request Ken, Thank you for your follow up. It is greatly appreciated. The Board of the NFCBA met yesterday regarding the Poudre River Floodplain regulations that Staff will be presenting to City Council. We received valuable feedback from the three members of the NFCBA that are on the Working Committee, Sean Dougherty, Michael Bello, and Dean Hoag. At this point we don’t feel that it is necessary to have you present to our entire organization. The Board did ask me to e‐mail you our thoughts on the current proposal. Overall, the sentiment of our Board was that Staff and the Working Committee had done some great work over the past many months, and that the proposal going forward to City Council was much improved over where the discussion began. The Board of the NFCBA was in support of the proposal going forward to City Council with a few concerns and questions: ‐ Liability: We question the legal liability of the business that would complete the Emergency Response Plan (ERP) in the case of a flood. While we believe that it is a good idea for business owners to have a plan in place, we question what would happen in case of a flood. For example: o A business declares that a certain individual is the person responsible. That person, for whatever reason, leaves the business. o A flood event happens, and that person is no longer there. o Someone isn’t evacuated according to this plan and is either hurt or killed. o What is the liability? Who is liable? o And, was/is the person designated as the person responsible trained in how to deal with a flood event and what to do to should one occur? Who would do this training? At what cost? ‐ Owner or tenant: It was unclear as to who would be responsible for filling out, monitoring, and carrying out the ERP. Under the proposed plan we believe that the building owner would be responsible. However, it would not be uncommon for the building owner to not be involved with the building on a day to day basis should it be leased. Would every tenant in the facility have to complete and implement an ERP? Would every tenant then have to have a responsible individual for their business? ‐ Ongoing financial and time commitment: The upfront cost of hiring an engineer is a bit unclear, with a stated range of $500‐$4,000 to fill out the ERP. It also is unclear as to the yearly costs associated to the business to monitor the river, etc. 24/7. Would the City be willing to offer grants of some sort to offset these ongoing costs? ‐ Finally, we trust that once this issue goes through Council discussion and implementation that the Poudre River Floodplain discussion will be complete for many, many years to come. We appreciate all of the energy and time that you and the rest of the Staff put into this process, and we appreciate you involving our organization throughout. We will be interested to see where the proposal goes from here. Thanks Ken. We will be sure to stay in touch with you. ATTACHMENT 6 2 Greg Woods Secretary NFCBA www.nfcba.org From: Ken Sampley [mailto:KSampley@fcgov.com] Sent: Monday, February 11, 2013 3:10 PM To: Greg Woods Subject: RE: Poudre River Floodplain - Concerns and Meeting Request Greg, I received valuable feedback and comments from Friday’s Chamber of Commerce meeting and discussion on the updated Poudre River Floodplain Regulations code language revisions and anticipate some clarifications and refinements to the process based on the input. Prior to the meeting you indicated that a presentation to the NFCBA may not be needed. I am still available to meet with the NFCBA, if requested, to present and discuss the proposed code language revisions. I will be out of the office this Thursday and Friday (Feb. 14th and 15th). Please let me know. Thanks for your assistance and consideration. Respectfully, Kenneth C. Sampley, P.E. Stormwater and Floodplain Program Manager City of Fort Collins -- Utilities 700 Wood Street Fort Collins, CO 80522 Telephone: (970) 224-6021 Work Cell Phone: (970) 658-0295 Email: ksampley@fcgov.com From: Ken Sampley Sent: Thursday, January 31, 2013 4:28 PM To: 'Greg Woods' Cc: Bill Greenlee (bgreenlee@jaxmercantile.com); Bill See (bill@heathconstruction.com); Charlie Mesercian (ftctrucks@yahoo.com); Dean Hoag (dhoag2000@aol.com); Don Butler (jhockr5141@gmail.com); Megan Greer; Michael Bello (mbello10@comcast.net); Michael Bello (michael.bello@thecpigroup.net); Neil McCaffrey (neil@bkctr.com); Ron Lautzenheiser (rklautz@msn.com); Sean Dougherty (sean@rmfa.com) Subject: RE: Poudre River Floodplain - Concerns and Meeting Request Greg, That sounds like a good plan. Thanks for your assistance and consideration! Kenneth C. Sampley, P.E. Stormwater and Floodplain Program Manager City of Fort Collins -- Utilities 700 Wood Street Fort Collins, CO 80522 Telephone: (970) 224-6021 Work Cell Phone: (970) 658-0295 Email: ksampley@fcgov.com From: Greg Woods [mailto:greg@workspaceinnovations.com] Sent: Thursday, January 31, 2013 4:14 PM To: Ken Sampley Cc: Bill Greenlee (bgreenlee@jaxmercantile.com); Bill See (bill@heathconstruction.com); Charlie Mesercian (ftctrucks@yahoo.com); Dean Hoag (dhoag2000@aol.com); Don Butler (jhockr5141@gmail.com); Megan Greer; Michael Bello (mbello10@comcast.net); Michael Bello (michael.bello@thecpigroup.net); Neil McCaffrey (neil@bkctr.com); Ron 3 Lautzenheiser (rklautz@msn.com); Sean Dougherty (sean@rmfa.com) Subject: RE: Poudre River Floodplain - Concerns and Meeting Request Hi Ken, Thanks for checking back in with me. Several members of the NFCBA Board talked after our regular meeting on Wednesday and here’s what we decided: ‐ Dean, Sean, and Michael all plan on being at the Working Committee meeting on Monday ‐ On Tuesday, the three of them will let the rest of the NFCBA Board members know what their recommendation is as far as having you present to the entire group (or any other actions they think we should take). So, we’ll be back in touch with you the first part of next week. Thanks for following up! Greg Woods Secretary NFCBA www.nfcba.org cc NFCBA Board of Directors From: Ken Sampley [mailto:KSampley@fcgov.com] Sent: Thursday, January 31, 2013 4:04 PM To: Greg Woods Subject: RE: Poudre River Floodplain - Concerns and Meeting Request Greg, Just thought I would check to see if there is a date and time that works for the NFCBA to present and discuss the proposed Poudre River Floodplain code language revisions, their applicability to the north College area, and the project status and upcoming meetings. Thank you, Kenneth C. Sampley, P.E. Stormwater and Floodplain Program Manager City of Fort Collins -- Utilities 700 Wood Street Fort Collins, CO 80522 Telephone: (970) 224-6021 Work Cell Phone: (970) 658-0295 Email: ksampley@fcgov.com From: Ken Sampley Sent: Tuesday, January 29, 2013 10:17 AM To: 'Greg Woods' Cc: Jon Haukaas; Brian Janonis; Bill Greenlee (bgreenlee@jaxmercantile.com); Bill See (bill@heathconstruction.com); Charlie Mesercian (ftctrucks@yahoo.com); Dean Hoag (dhoag2000@aol.com); Don Butler (jhockr5141@gmail.com); Megan Greer; Michael Bello (mbello10@comcast.net); Michael Bello (michael.bello@thecpigroup.net); Neil McCaffrey (neil@bkctr.com); Ron Lautzenheiser (rklautz@msn.com); Sean Dougherty (sean@rmfa.com) Subject: RE: Poudre River Floodplain - Concerns and Meeting Request Greg, Thank you for your consideration. I am hoping that Dean, Sean and perhaps Michael will be able to attend next Monday’s Working Committee meeting. The attachments I sent to you and the Working Committee provide updates on other 4 associate items including the Poudre River Downtown Core project and the in-progress RiskMAP process that will eventually result in updated floodplain mapping for the Poudre River throughout Fort Collins. Future construction of the Poudre River Downtown Core project will eliminate flood overtopping of College Avenue and will significantly reduce the 100-Year floodplain in the College / Vine area. Revising the proposed floodplain revisions to focus on the emergency response and preparedness plans (ERPPs) and eliminate the previously-proposed 6” flooding depth criteria for emergency access roads will result in improved life safety while dramatically reducing potential financial impacts. I look forward to meeting with the NFCBA to discuss the proposed code language revisions and their application to the north College area. Respectfully, Kenneth C. Sampley, P.E. Stormwater and Floodplain Program Manager City of Fort Collins -- Utilities 700 Wood Street Fort Collins, CO 80522 Telephone: (970) 224-6021 Work Cell Phone: (970) 658-0295 Email: ksampley@fcgov.com From: Greg Woods [mailto:greg@workspaceinnovations.com] Sent: Tuesday, January 29, 2013 9:50 AM To: Ken Sampley Cc: Jon Haukaas; Brian Janonis; Bill Greenlee (bgreenlee@jaxmercantile.com); Bill See (bill@heathconstruction.com); Charlie Mesercian (ftctrucks@yahoo.com); Dean Hoag (dhoag2000@aol.com); Don Butler (jhockr5141@gmail.com); Megan Greer; Michael Bello (mbello10@comcast.net); Michael Bello (michael.bello@thecpigroup.net); Neil McCaffrey (neil@bkctr.com); Ron Lautzenheiser (rklautz@msn.com); Sean Dougherty (sean@rmfa.com) Subject: RE: Poudre River Floodplain - Concerns and Meeting Request Ken, Thank you very much for getting back with me so quickly. I forwarded your message to the Board of the NFCBA. We will talk about it and get back with you as to whether we can 1) squeeze you in at our February meeting or 2) plan to hold a special meeting. I will get back with you as soon as I can with our thoughts. Thanks again. Greg Woods Secretary NFCBA www.nfcba.org From: Ken Sampley [mailto:KSampley@fcgov.com] Sent: Monday, January 28, 2013 4:04 PM To: Greg Woods Cc: Jon Haukaas; Brian Janonis Subject: RE: Poudre River Floodplain - Concerns and Meeting Request Greg, I left you a telephone voice message earlier this afternoon. I am also trying to reach Ann Hutchison with the Fort Collins Chamber of Commerce. I apologize for the delay in updates regarding the Poudre River Floodplain Regulations. I am available to meet with the NFCBA to present the latest information on the effort. As noted, our primary outreach effort has been with the Working Committee (which includes members of the NFCBA), however I agree with you that the proposed 5 revisions should be presented to the NFCBA. I believe the updated approach more specifically addresses concerns voiced previously regarding financial impacts associated with the elevation of fire apparatus (emergency access) roads. As background, in accordance with discussions at the June 25, 2012 Working Committee meeting, staffs from the City and Poudre Fire Authority (PEA) were tasked with developing the final code language to incorporate proposed revisions to the Poudre River Floodplain Regulations into the City Code for the City of Fort Collins. In his role as NFCBA representative, Sean Dougherty indicated that the revisions as proposed would likely receive the support and endorsement of the NFCBA. The proposed revisions were then to be presented to City Council for consideration and action. The draft code language included requirements for fire apparatus(emergency access) roads and development of Emergency Response Preparedness Plans (ERPPs) for properties within the Poudre River 100-Year floodplain. During the Staff process to finalize the code language, it was determined that feasibility issues associated with the emergency access road criteria necessitated revisions to the approach. The criteria requiring that new fire apparatus (emergency access) roads not be subjected to more than 6” of flooding depth during the 100 Year storm presented practical, physical and financial challenges. Therefore, the proposed approach was changed to create a “performance- based” regulation that places more emphasis on life safety through advance warning and evacuation and eliminates the previous proposal to limit flooding depth on the access roads. As a result, there are changes to the proposed Emergency Response Preparedness Plan (ERPP) requirements. In order to demonstrate how the process will work, Staff contracted with Ayres Associates to prepare the following documents: 1. A draft template that uses the requirements outlined in the proposed code language to guide the preparation of site-specific ERRP’s; 2. A sample ERPP for a property within the Poudre River 100 Year Floodplain situated along Vine Drive; and, 3. A draft ERPP annual checklist form. A Working Committee meeting is scheduled as outlined below to present and review the proposed code language and ERPP template, example and checklist form: What: Poudre River Floodplain Regulations — Working Committee Where: City of Fort Collins -- Utility Service Center (USC) 700 Wood Street Training Room Date: Monday, February 4, 2013 Time: 5:30 — 7:30 PM (A light dinner will be provided at 5:00 PM) Attached to this email are the following electronic documents that were provided by email to the Working Committee members and interested parties on Friday (Jan. 25th):  Save The Poudre Letter Response – 01_23_13  Letter to PRF Regulations Working Committee – 01_23_13  Attachment 1 – Final Draft Summary (Track Changes Version) of Poudre River Floodplain Regulation Changes 01-23-13  Poudre River Floodplain Regulations – Final Draft 06 25 12 Working Committee Meeting Summary I understand the Feb. 27th NFCBA meeting agenda is full. I am available to attend a special meeting date for the NFCBA and would appreciate the opportunity to present what I believe will be an approach that the NFCBA can support and endorse. If there are questions, or if additional information is needed, or to discuss in more detail, please contact me using the information below. Respectfully, Kenneth C. Sampley, P.E. Stormwater and Floodplain Program Manager City of Fort Collins -- Utilities 700 Wood Street Fort Collins, CO 80522 Telephone: (970) 224-6021 Work Cell Phone: (970) 658-0295 Email: ksampley@fcgov.com 6 From: Greg Woods [mailto:greg@workspaceinnovations.com] Sent: Monday, January 28, 2013 1:57 PM To: Ken Sampley Cc: Brian Janonis; Lisa Rosintoski; John Stokes; Aislinn Kottwitz; Bennet Manvel; Bruce Hendee; Darin Atteberry; Gerry Horak; Karen Weitkunat; Kelly Ohlson; Lisa Poppaw; Mike Beckstead; Sarah Kane; Wade Troxell; Bill Greenlee (bgreenlee@jaxmercantile.com); Bill See (bill@heathconstruction.com); Charlie Mesercian (ftctrucks@yahoo.com); Dean Hoag (dhoag2000@aol.com); Don Butler (jhockr5141@gmail.com); Megan Greer; Michael Bello (mbello10@comcast.net); Michael Bello (michael.bello@thecpigroup.net); Neil McCaffrey (neil@bkctr.com); Ron Lautzenheiser (rklautz@msn.com); Sean Dougherty (sean@rmfa.com) Subject: Poudre River Floodplain - Concerns and Meeting Request Importance: High Ken, We saw on the City Council’s 6‐Month Planning Calendar that the Poudre River Floodplain regulations are once again on the schedule. If I’m not mistaken, it was just added to the schedule in the past week or so. The Board of the NFCBA is concerned that, after months of discussion with the Working Committee, that this issue is heading to a regular session in March before it ever goes to another work session. Further, City Staff has not reached out to our organization in many, many months to update us. Yes, a couple members of the NFCBA are on the working committee, but that isn’t the same as reaching out to our entire membership. Many of our members will be affected by any changes to the Poudre River Floodplain regulations, and we would like to be informed as to what City Staff is recommending to City Council at the regular meeting in March. Unfortunately, we have a full agenda already for our February 27th meeting. If we would have known that City Staff was presenting to City Council on this issue earlier, we most certainly would have reached out to you before this. Thus, we would like to request the following: ‐ City Staff presents their recommendations to the NFCBA at our regular meeting on March 27th IF CITY COUNCIL WILL NOT TAKE ACTION IN FEBRUARY OR ‐ If City Council IS taking action in March before our March 27th meeting, we would like to request a special meeting date that City Staff can present their recommendations to our members BEFORE it goes before City Council. Please let us know as soon as possible as to which option is best for our members to be informed. As you know, this issue is very important to our organization Thanks Ken. Greg Woods Secretary NFCBA www.nfcba.org cc. NFCBA Board of Directors ATTACHMENT 7 Page 1 of 2 ATTACHMENT 8 Page 2 of 2 Page 1 of 2 ATTACHMENT 9 Page 2 of 2 Utilities Executive Director City of electric. stormwater. wastewater. water Fort CoLLins 700 Wood St. 970.224.6003 TDD utilities @fcgov.com fcgov.com/utilities MEMORANDUM Date: August 26, 2010 To: Mayor Hutchinson and City Council members Through: Darin Atteberry, City Manager Brian Janonis, Utilities Executive Director From: Jon Haukaas, Water Engineering and Field Services Manager Reference: August 24, 2010 Work Session Summary — Floodplain Regulations Jon Haukaas, Water Engineering and Field Services Manager and Marsha Hilmes-Robinson, Floodplain Administrator, presented Council with a brief overview of the work done to date on the Poudre Floodplain Regulations. Council members present included Mayor Doug Hutchinson, Mayor Pro Tern Kelly Ohlson, Ben Manvel, David Roy, Wade Troxell, and Aislinn Kottwitz. Staff began with the interrelationship between this effort and Plan Fort Collins. It was recognized that the Poudre River is key to the sustainability of Fort Collins. There was discussion indicating that Plan Fort Collins is a long range vision while revisions to the Poudre River Floodplain Regulations are immediate considerations. The staff presentation reviewed the three options of proposed levels of floodplain regulation. (1) Return to a 0.1 foot allowable floodway rise limitation, or (2) implement a restriction on new and expanded structures within the floodplain, or (3) maintain the current regulations. Next staff explained why this item was being discussed, mainly its relation to the Stormwater Repurposing efforts and also its relevance to the Plan Fort Collins discussion. Information regarding the number of parcels, acreage of parcels, and maps showing specific areas of concern under the various options was discussed. A significant portion of the remaining discussion included clarification of the concepts associated with floodplains and the effect of fill or other forms of development. Key discussion and feedback by Council: I. Public Outreach Process to explain the range of options considered for proposed changes to the Floodplain Regulations. In general, the Council felt that a significant amount of outreach needed to happen and more should have occurred prior to this discussion . Staff reiterated that the work session serves as Page 1 of 2 ATTACHMENT 10 Ft°oLLins a process check before time and resources are utilized to move forward and that this work session would serve as the beginning of a substantive outreach process. Outreach efforts envisioned would include Boards and Commissions, City departments, stakeholders (i.e. impacted property owners, business associations, interested citizens), and the general public. Parcel-specific information is currently being developed to identify impact to individual property owners as the next step. 2. Preference on Options for Regulating the Floodplain Council did not feel they had sufficient public feedback to have a preferred option at this time. They were also concerned about these regulations being applied only to the Poudre River Floodplain. Council discussed the need to look for additional options beyond the three currently under consideration, including those related to the “No Adverse Impact” approach that is gaining support nationally. Council expressed a range of comments and feedback. This included: • The concern that the recommendations to strengthen the regulations were not justified and that they would adversely affect the economic health and viability of Fort Collins. The Downtown River District is a key area of development for the City and coordinated development approach along the river would be the prudent approach. • That there needs to be a balance between the economic, social and environmental considerations for the river. • Fort Collins needs to stop building where it is likely to flood. ‘Let the river he a river.” In accordance with the City Plan, we are to protect and restore the natural functions of the river. • The “river is a workhorse,” and the community “should use it more as a playground, not a plaything.” • That ripwian edge development should be the exception, not the rule, and that 50 to 100 years from now a natural Poudre River would he the greatest community attribute in Fort Collins. 3. Comments to be added to the Triple Bottom Line (TBL) Analysis Map Time did not allow an in depth discussion of the TBL chart. One Council member did not feel this chart format was easy to use and that it needs to be better organized. Staff concluded with a brief explanation of how comments would be added to the Map. Three Council members supported continuing the discussion while two felt the need was not sufficiently expressed to warrant continuing the process. Specific direction was also provided to Staff to he prepared to address the following questions: I. What is the purpose and need to change the floodplain regulations? 2. Analyze the impact on properties in more detail. 3. Provide more economic analysis. 4. Describe better “Less people at risk” - how many? 5. Provide more information on “No Adverse Impact” to the public and to the Council. Page 2 of 2 1 1 Poudre River Floodplain Regulations Potential Revisions City Council Meeting March 5, 2013 Jon Haukaas, P.E. Water Engineering Field Operations Manager Brian Varrella, P.E., CFM Floodplain Administrator Ken Sampley, P.E. Stormwater and Floodplain Program Manager Marsha Hilmes-Robinson, CFM Floodplain Administrator 2 Purpose of Poudre River Floodplain Regulations Review • Final component of SW Repurposing • Focuses on whether revisions are needed to better address: – life safety – reduced property damage • Uses a sustainable approach ATTACHMENT 11 2 3 Purpose of Poudre River Floodplain Regulations Review CURRENT REGULATIONS – No new structures in the100-Year Floodway – No new residential or mixed-use structures in the 100-Year Floodplain Fringe – Non-residential structures allowed in 100- Year Floodplain fringe (if meet freeboard) – No critical facilities in the 100-Year floodplain 4 October 25 2011 Council Work Session Council direction to Staff: – “Scalable” AIR regulation – Poudre Fire Authority (PFA) – Consistent Summary Format – Notification Process Poudre River Floodplain Regulations 3 5 ADVERSE IMPACT REVIEW (AIR) Recommended to discontinue the development of a scalable Adverse Impact Review (AIR) regulation for the Poudre River because: 1. Poudre River RiskMAP 2. Poudre River Downtown Core Improvements 3. Link-N-Greens area CLOMR/ LOMR process 4. Floodway Surcharge Analysis 5. Mulberry Corridor / GMA Poudre River Floodplain Regulations 6 STAFF RECOMMENDATION EMERGENCY RESPONSE AND PREPAREDNESS PLAN (ERPP) A “performance-based” regulation requiring procedures be established for evacuation a minimum of two hours in advance of when flood waters will impact the site and/or any portion of the designated evacuation routes. Emphasis on life safety through advance warning and evacuation Poudre River Floodplain Regulations 4 7 REVISE CODE LANGUAGE Require a site-specific Emergency Response and Preparedness Plan (ERPP) be prepared, implemented and maintained for allowable: – Additions – Substantial improvements – Change of Occupancy – Redevelopment and/or – New development within the 100-Year floodplain. Poudre River Floodplain Regulations 8 How ERRP works with existing FP Regs – Retains existing floodplain regulations that reduce potential property damage – Establishes new ERPP criteria that provides increased focus on life safety through evacuation in advance of flooding. Poudre River Floodplain Regulations 5 9 • Assessment of Flood Risk • Flood Warning Notifications • Responsible Parties • Notification of Employees • Description of Procedures – Evacuation – Shelter-in-Place (Secondary only) • Procedures for Protecting Buildings from Damage • Evacuation Route and Shelter-in-place Signage • Mandatory Training and Practice Drills • Post Flood Recovery Poudre River Floodplain Regulations ERPP Code Language 10 Emergency Response and Preparedness Plan (ERPP) Code Language (Attachment 1) Template / Form (Attachment 2) Annual Checklist Form (Attachment 3) Poudre River Floodplain Regulations Floodplain Regulations Review 6 11 QUESTIONS Poudre River Floodplain Regulations ORDINANCE NO. 048, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO DEVELOPMENT IN THE POUDRE RIVER FLOODPLAIN WHEREAS, requirements and restrictions specific to development and related activities in the Poudre River floodplain are set forth in Division 4 of Article II of Chapter 10 of the Code of the City of Fort Collins; and WHEREAS, after thorough investigation, public outreach, and consideration of various options and approaches, City staff has identified certain changes to the existing provisions regarding the Poudre River floodplain in order to better address foreseeable flooding risks so as to improve life safety through advance warning and evacuation measures; and WHEREAS, staff presented the proposed revisions to the Natural Resources Advisory Board (“NRAB”) at its regular meeting on February 20, 2013, and the NRAB discussed its prior recommendation that the City Council revise the floodplain regulations to not allow any new structures in the one-hundred-year floodplain of the Poudre River, but chose not to make a formal recommendation; and WHEREAS, staff presented the proposed revisions to the Water Board (the “Board”) at its regular meeting on February 21, 2013, and the Board voted to recommend that the City Council approve the proposed revisions, while also recommending that the City Council consider revising the floodplain regulations to not allow any new structures in the one-hundred-year floodplain of the Poudre River; and WHEREAS, the City Council believes it would be in the best interests of the City to approve the changes so as to better protect life safety in the Poudre River floodplain. 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 by the addition of the following new definitions, to read in their entirety as follows: Change of occupancy shall mean a change of occupancy as defined in Chapter 5, if such change of occupancy results in an increase in the number of occupants.. Dry public road shall mean a public street at the intersection of a proposed driveway or access road where the surface of the pavement is at an elevation above the base flood elevation. Emergency response and preparedness plan shall mean a plan, and related preparations and systems, that are intended to provide both a reasonable measure of preparedness for flooding and other emergencies that may occur in conjunction with flooding, and a reasonable ability to respond to such circumstances so as to avoid and minimize potential harm to persons or property, as described in §10-48. Evacuation shall mean emergency egress to allow safe passage from a structure to dry ground in the regulatory flood event. Shelter-in-place shall mean onsite provision of refuge from floodwaters and related hazards to allow continued occupation of a structure in the event that circumstances preclude safe evacuation in the regulatory flood event or more frequent flood events. Section 2. That Section 10-27(c) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-27. Floodplain use permit. . . . (c) The following information is also required for a floodplain use permit: . . . (4) Specifications for building construction and materials, filling, dredging, grading, channel improvements and changes, storage of materials, water supply and sanitary facilities; and (5) Detailed information documenting compliance with any specific requirements applicable to the proposed development or activity pursuant to this Article.; and (6) An emergency response and preparedness plan, if required pursuant to this Article. Section 3. That Section 10-27(e)(6) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-27. Floodplain use permit. . . . (e) When reviewing the application for a floodplain use permit, the Utilities Executive Director shall determine which portions of any flood hazard areas are affected by the particular development request and then shall apply the provisions of this Article as applicable. The Utilities Executive Director also shall determine whether the proposed construction or development is consistent with the need to minimize flood damage and meets the intent of this Article after considering the following factors: -2- . . . (6) Whether the proposed use is for human occupancy, and, if so, the impacts to human safety and the extent to which emergency response and preparedness and other measures are required and have been assured in order to reduce safety risk; . . . Section 4. That Section 10-27(g) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-27. Floodplain use permit. . . . (g) If the Utilities Executive Director determines that the application meets the purposes and requirements of this Article, the Utilities Executive Directorhe or she shall issue the permit and may attach such conditions as deemedhe or she deems necessary to further the purposes of this Article or to ensure compliance with the same. The Utilities Executive Director may request that the City building official condition the release of a certificate of occupancy or other final approval upon submission of final documentation of compliance with conditions, as appropriate. Section 5. That a new Section 10-48 of the Code of the City of Fort Collins is hereby added, to read in its entirety as follows: Sec. 10-48. Emergency planning and preparedness. For any structure or portion of structure required under this Article to submit an emergency response and preparedness plan, the following emergency planning and preparedness requirements shall apply: (1) An emergency response and preparedness plan shall include the following, together with such additional provisions as may be appropriate in light of the particular circumstances associated with the structure or activity to which the plan applies: a. A flood risk assessment that, at a minimum, includes: 1. The source, flood frequency, expected duration, timing, and depth of flood impacts that impact the structure, its occupants or activity in the structure; 2. The expected impact on activities and operations; 3. Identification of persons potentially impacted; and 4. The impact of flooding on evacuation routes and emergency vehicle access to the site. -3- b. A description of the method of receipt of flood warning; c. Identification and assignment of personnel to implement the plan; d. Procedures for notification of employees, customers, and other building occupants, including: 1. Contact information; 2. Redundant methods of notification; 3. Safeguards to ensure all employees received the notification; and 4. General content of the notices to be provided; e. A description of procedures for both evacuation and shelter-in-place of building occupants, including: 1. Method and responsibility for determination of appropriate response, with evacuation generally considered the primary response, and shelter-in-place is considered a secondary response; 2. Description of evacuation process, including: a) Timing of opportunity to evacuate requiring a minimum of two (2) hours of lead-time from when flood waters would impact the site or any portion of the designated evacuation routes; b) Map and directions with evacuation routes including, but not limited to, exits from occupied structures and from occupied structures to a dry public road, specifically identifying any approved fire apparatus access roads or other emergency access routes; c) Mode of evacuation – walking, car, and/or provided transportation; and d) Alternative routes for evacuation when preferred routes are washed out or otherwise impassable; 3. A description of the shelter-in-place, including: a) Description of safe on-site areas for shelter-in-place occupation; b) Development and maintenance of emergency preparedness kit containing supplies for three days including such items as food, water, blankets, flashlights, National Oceanographic and Atmospheric Administration weather radios, batteries; and c) A communication plan for informing emergency contacts of those sheltered-in-place; f. Procedures for protecting the building from damage or hazardous conditions, including: 1. Plan for shut down of utilities and equipment; -4- 2. Relocation of computers, documents, or other important resources or materials to higher areas; and 3. Required or other appropriate floodproofing measures; g. A process for distribution and posting of plan and evacuation routes and shelter-in-place instructions; h. A description of mandatory training and practice drills, including: 1. Procedures for training all employees, including future new employees; 2. Annual practice drills implementing the plan during the first three months of each calendar year; and 3. Documentation of practice drills and identified areas for improvement; i. A description of post-flood recovery measures, including: 1. Procedures for notification to employees and, if applicable, the public, of when it is safe to return; and 2. Site clean-up procedures; and j. Designation of a person responsible for operation of the occupied facility for which the plan is required, who shall be responsible to the City for completion of the specific requirements set forth in this §10-48. (2) Documentation of any required emergency response and preparedness plan and of practice drills and related process improvements shall be maintained on file and shall be available at the facility to which the plan pertains for inspection by the Utilities Executive Director upon request. (3) The person designated as responsible for any required emergency response and preparedness plan under Subsection 10-48(1)(j) shall review the plan during the first quarter of each calendar year, and shall submit documentation of each annual review to the Utilities Executive Director on a form satisfactory to the Utilities Executive Director during the first quarter of each calendar year. Section 4. That Section 10-71 of the Code of the City of Fort Collins is hereby amended to add a new subsection (10), to read as follows: -5- Sec. 10-71. Specific standards for development in Poudre River floodway. . . . (10) Emergency planning and preparedness. New construction, addition to, or substantial improvement, redevelopment or change of occupancy of, any nonresidential or mixed-use structure subject to this Section, other than an accessory structure, shall be subject to the emergency planning and preparedness requirements of §10-48. Section 6. That Section 10-76 of the Code of the City of Fort Collins is hereby amended to add a new subsection (9), to read as follows: Sec. 10-76. Specific standards for nonresidential development in Poudre River flood fringe. . . . (9) Emergency planning and preparedness. New construction, addition to, or substantial improvement, redevelopment or change of occupancy of, any structure subject to this Section, other than an accessory structure, shall be subject to the emergency planning and preparedness requirements of §10-48. Section 7. That Section 10-77 of the Code of the City of Fort Collins is hereby amended to add a new subsection (8), to read as follows: Sec. 10-77. Specific standards for mixed-use development in Poudre River flood fringe. . . . (8) Emergency planning and preparedness. New construction, addition to, or substantial improvement, redevelopment or change of occupancy of, any structure subject to this Section, other than an accessory structure, shall be subject to the emergency planning and preparedness requirements of §10-48. -6- Introduced, considered favorably on first reading, and ordered published this 5th day of March, A.D. 2013, and to be presented for final passage on the 19th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 19th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk -7-