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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/26/2013 - SECOND READING OF ORDINANCE NO. 048, 2013, AMENDINDATE: March 26, 2013 STAFF: Jon Haukaas, Ken Sampley Marsha Hilmes-Robinson, Brian Varrella AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 11 SUBJECT Second 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. This Ordinance, adopted on First Reading on March 18, 2013 by a vote of 5-1 (Nays: Ohlson), revises City Code to establish a “performance-based” criteria and regulation that places more emphasis on life safety through advance warning and evacuation. An effective date of July 1, 2013 has been established so that advance notice can be provided to property owners and applicants for development submittals. The Ordinance contains revised Code language to include an additional provision described in the staff presentation on First Reading at the March 18, 2013 Council meeting. The provision states that an Emergency Response and Preparedness Plan (ERPP) will not be required in situations where structures or portions of structures will be removed from the 100-year floodplain and dryland access will be provided through the construction of new improvements associated with a FEMA-approved Conditional Letter of Map Revision in advance of a Letter of Map Revision or Physical Map Revision pursuant to §10-80(a)(1). STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - March 18, 2013 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: March 18, 2013 STAFF: Jon Haukaas, Ken Sampley, Marsha Hilmes-Robinson, Brian Varrella AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 6 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. Staff recommends that an effective date of July 1, 2013 be established so that advance notice can be provided to property owners and applicants for development submittals. 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 COPY COPY COPY COPY March 18, 2013 -2- ITEM 6 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. 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. COPY COPY COPY COPY March 18, 2013 -3- ITEM 6 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 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. Effective Date Staff recommends that an effective date of July 1, 2013 be established so that advance notice can be provided to property owners and applicants for development submittals. 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 COPY COPY COPY COPY March 18, 2013 -4- ITEM 6 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 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). 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 COPY COPY COPY COPY March 18, 2013 -5- ITEM 6 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.” 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 COPY COPY COPY COPY March 18, 2013 -6- ITEM 6 general expressed that the new approach was much preferable to the AIR process that had been under consideration previously. 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 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; (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, provided, however, that this requirement shall be considered a floodplain use permit condition to be met prior to issuance of a certificate of occupancy, pursuant to §10-27(g). 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 -2- 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: . . . (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, he or she shall issue the permit and may attach such conditions as he 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: -3- 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. 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 -4- 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; 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. (4) Notwithstanding the foregoing, the requirements of this Section shall not apply for any structure or portion of structure for which FEMA has approved a -5- Conditional LOMR providing for a LOMR or Physical Map Revision pursuant to §10-80(a)(1) that: a. removes such structure or portion of structure from the one-hundre- year floodplain; and b. provides at least one (1) designated dryland access and evacuation route upon construction of the proposed improvements. Section 46. 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: Sec. 10-71. Specific standards for development in Poudre River floodway. . . . (10) Emergency planning and preparedness. New construction, addition to, or cumulative 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 67. 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 cumulative 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 78. 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 cumulative 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- Section 89. That this Ordinance shall become effective on July 1, 2013. Introduced, considered favorably on first reading, and ordered published this 18th day of March, A.D. 2013, and to `be presented for final passage on the 26th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 26th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk -7-