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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/25/2011 - CACHE LA POUDRE RIVER FLOODPLAIN REGULATIONSDATE: October 25, 2011 STAFF: Jon Haukaas, Ken Sampley, Marsha Hilmes-Robinson, Brian Varella Pre-taped staff presentation: available at fcgov.com/clerk/agendas.php WORK SESSION ITEM FORT COLLINS CITY COUNCIL SUBJECT FOR DISCUSSION Cache La Poudre River Floodplain Regulations. EXECUTIVE SUMMARY A component of the Stormwater program review requested by City Council in October 2008 included a review of the level of regulation protecting life and property for areas within the Poudre River floodplain. Floodplain regulation options have been presented and discussed at three (3) Council work sessions. At the February 22, 2011 Work Session, Council expressed interest in further investigation of the Adverse Impact Review (AIR) approach. Specific direction to staff was to: • Continue development of the AIR criteria, standards and review process with an expanded Working Committee • Perform additional public outreach • Bring the item for Council review at a future date. Based on further research, continued public outreach, and the results from a technical analysis completed at the request of the Working Committee, staff is recommending a modified approach that will incorporate key aspects of AIR with the current floodplain regulations. This approach provides the benefit of addressing life safety and property damage considerations while avoiding the cost and time impacts associated with requiring additional detailed floodplain analyses focused on determining increases in flood elevations and velocities. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Given the importance of the Poudre River to the City of Fort Collins and its citizens: 1. Does City Council concur with the Staff recommendation that additional consideration be given to implementing specific life safety and property damage criteria that will enhance and support the existing floodplain regulations? 2. Upon review of the floodway surcharge analysis results, does City Council agree with the elimination of the additional detailed engineering analyses, notification and mitigation requirements originally proposed with the AIR approach? October 25, 2011 Page 2 3. Is it acceptable to combine the additional Poudre River life safety and property damage criteria along with mandated Colorado Water Conservation Board (CWCB) revisions to Citywide floodplain regulations and present both for formal Council action in March 2012? 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 level of regulation protecting life and property for areas within the Poudre River floodplain. It is the City’s duty and responsibility to manage foreseeable risks to protect current and future citizens from physical, financial, and emotional impacts of flooding Elements and Purpose of Floodplain Administration The elements of floodplain administration consist of: • Protect life-safety and property from the effects of flooding through proactive regulation, emergency response and long-term planning • Encourage sustainable construction practices that reduce burdens on future generations • Reduce clean-up costs created by flood-damaged structures and property, minimizing the volume of landfill wastes • Reduce communitywide disruptions of commerce, livelihood and services. Problem Statement The Poudre River floods. Unless mitigated, development in the floodplain can result in adverse flooding impacts. The current Poudre River Floodplain Regulations do not include requirements that specifically address the following issues: • Increased risk to human life and safety as a result of more people working within the 100- year floodplain and increased risk to life and safety for emergency services workers and first responders during flooding events. • Impacts (as a result of increased flooding depths and velocities) of redirected flood waters on adjacent, upstream and downstream properties within the existing 100-year floodplain and properties that would be within an expanded 100-year floodplain resulting from new development/redevelopment. • Increased preservation of natural and beneficial functions of the floodplain including minimized loss of riparian habitat, periodic “flushing” of sediment and debris to retain flood conveyance and promote benthic species growth, provision of a buffer area for lateral channel migration and increased natural water quality treatment, and groundwater recharge. October 25, 2011 Page 3 The current regulations focus almost exclusively on protecting new structures from flooding damage. Without additional requirements, the current 0.5 foot allowable floodway rise allows potential adverse impacts to other property owners. Adverse Impact Review At the February 22, 2011 Council Work Session, staff was directed to pursue the Adverse Impact Review (AIR) option as a possible revision to the Poudre River floodplain regulations. 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 impacts caused by such development are not analyzed. Staff developed the AIR option to permit non-residential development in the 100-year Poudre River floodplain only if adverse impacts of the development on adjacent, downstream and/or upstream properties can be either entirely avoided or adequately mitigated according to established criteria. The criteria were developed with the goal of balancing the competing economic, environmental, and public safety values of the Fort Collins community. Working Committee A citizen Working Committee of business and property owners, environmental stewards, engineering professionals and interested parties was established initially in January 2011 to provide feedback on the floodplain regulations to Council. The Working Committee met three times prior to the February 22, 2011 Council Work Session. The Working Committee met three more times over the summer and formed a Technical Subcommittee to develop data in response to concerns regarding the magnitude of the issues identified in the problem statement. The Working Committee requested that the Technical Subcommittee: 1. Analyze and provide specific information for key areas of the Poudre River to identify properties and structures that could be subjected to increased flooding (i.e., velocities and depths) from development and/or redevelopment within the Poudre River 100-year Floodplain. This analysis is subsequently referred to as the “Floodway Surcharge Analysis”; and, 2. Compare the existing regulations and proposed AIR process to evaluating its applicability for evaluating life safety and property damage. This is subsequently referred to as the “Life Safety / Damage Reduction / Property Rights Evaluation.” Technical Advisory Committee A Technical Advisory Committee (TAC) consisting of City staff from various departments and divisions was established to provide input, feedback and guidance on the floodplain regulations and the Adverse Impact Review approach. The TAC’s role was to evaluate the regulations and AIR approach based on their respective professional expertise and department vision and mission while utilizing a triple bottom line (TBL) philosophy that includes economic, social and environmental considerations. October 25, 2011 Page 4 Stormwater staff presented the results of the analysis completed by the Technical Subcommittee and facilitated a discussion of the results to obtain TAC input and feedback on the floodplain regulations and AIR process. Adverse Impact Review -- Evaluation of Approach The AIR approach and potential implementation was evaluated through the combination of a Floodway Surcharge Analysis and Life Safety / Damage Reduction / Property Rights Evaluation. Floodway Surcharge Analysis Goal: Identify flooding impacts that allowable (under current regulations) development will have on life safety and existing properties and structures along the Poudre River from just above College Avenue downstream to Timberline Road and determine if these impacts are of the magnitude and significance to support migrating to an adverse impact review approach for floodplain management. Approach: Quantify the potential impacts of the allowable rise (floodway surcharge) associated with the current effective 100-Year ½-ft floodway model. Results: Attachments 1 through 3 to this memo provide maps that illustrate the increase in flood elevation and corresponding expansion of the 100-Year floodplain associated with the maximum allowable rise under the current floodplain regulations. Key results of impact to other properties as a result of filling in the flood fringe include: • Loss of the flood fringe due to the placement of fill will result in an increase in flow velocity during flooding conditions. However, these increases are not likely to cause significant erosion or sediment transport beyond the existing 100-yr flooding conditions; • Changes in floodplain width were generally negligible with the exception of the Link N Greens and North College areas. The Poudre River basin is largely confined by the natural bluff on the Old Town Side (right bank, near Riverside), and by man-made features on the left bank (Mulberry Street, Lemay Avenue); • The Allowable Rise resulting from filling the floodplain is typically less than the maximum permissible 0.5 ft throughout much of the reach of Poudre River basin studied. The greatest potential increase in floodplain rise was near College Avenue; • Five (5) existing structures were identified that would be impacted and subjected to a 100-Year flood event as result of filling in the flood fringe. Impacts include: N Potential increase in damages N Flood insurance will be mandatory if there are loans on the properties N Properties will be subject to the City Code Chapter 10 floodplain regulations. October 25, 2011 Page 5 • One hundred and twenty-two (122) existing structures in the Poudre River floodplain will potentially be subject to higher flood elevations ranging from 1/2- inch to 6-inch plus the increased velocities associated with this flow; • The College Avenue crossing area has the greatest potential risk due to increased roadway overtopping. The surcharge may increase the flood elevation by an additional 6 inches across College Avenue (from 18 inches to 24 inches); significantly increasing the life-safety risk to the traveling public; • The bridge for North College Avenue across the Poudre River has a moderate increase in risk due to pressure flow on the bridge face, increasing bridge washout scour potential, and a greater impact on the structure from debris; and • Lemay Avenue has moderate risk of overtopping and flooding the Mulberry / Lemay intersection and areas near the Home Depot and Walmart since the flood elevation is 0.5 ft below the lowest overtopping elevation of the roadway, and allowable rises would reduce this overtopping to within 0.2 ft of the lowest point of the roadway. Life Safety / Damage Reduction / Property Rights Evaluation Goal: The over-riding purpose of floodplain regulations is to protect life-safety. If additional people are working and acquiring services in the floodplain, there is a corresponding increase in potential evacuation and rescue. This not only places the employees and customers at risk but also the emergency response personnel performing rescue operations. Protection of property is an issue not only for the new properties being proposed to be built, but for existing properties. Debris generated by structures being damaged or floatable materials being swept off-site can cause increased damage to downstream properties and often cause debris blockages at bridges. The goal of this analysis is to compare the existing regulations and proposed AIR Review process to evaluate their applicability for addressing life safety and property damage. Approach: Develop a matrix to provide a qualitative assessment of how the current regulations and AIR process compare with respect to key considerations Results: Attachment 4 to this memo illustrates the matrix created to assess how the current regulations and AIR process compare in addressing life safety, property damage reduction, and property rights issues. The matrix shows that the current regulations either did not consider, or only minimally considered the following criteria: • Risk to workers, customers, delivery people, etc. during a 100-year flood event • Safe access for emergency personnel during an event • Emergency warning and evacuation plans • Blockage of existing bridge, culvert and stream improvements • Notification to impacted property owners. The matrix shows that the current regulations do consider, to a significant degree, the following criteria: October 25, 2011 Page 6 • Flood damage resistant materials • Structure design for new development in the floodplain • Freeboard. Attachment 5 provides a tabular listing and comparison of the criteria originally proposed for evaluation in conjunction with the AIR process and those proposed with a modified approach that combines the current floodplain regulations with specific key life safety and property damage considerations. Staff believes it is appropriate to incorporate the consideration of life safety and property damage criteria into the regulations in conjunction with the upcoming process to adopt revisions to the floodplain regulations based on the Colorado Water Conservation Board (CWCB) approved Floodplain Rules and Regulations for the State of Colorado. Those revisions have not yet been brought forth to prevent confusion with the Poudre River floodplain regulations discussion. Background on these necessary revisions is included as Attachment 6. STAFF RECOMMENDATION Based on the results from the technical analyses, staff concluded that a comprehensive AIR review process that requires a detailed engineering analysis of changes in flood elevations and velocities and their impact on adjacent properties is not appropriate for all development situations in the Poudre River floodplain. It is therefore the recommendation of staff that additional consideration be given to implementing specific life safety and property damage criteria that will enhance and support the existing floodplain regulations. These criteria should be presented in combination with the mandated Colorado Water Conservation Board (CWCB) revisions to Citywide floodplain regulations for formal Council action in March 2012. Staff will partner with the Poudre Fire Authority to research and develop specific life safety and property damage criteria that would enhance and support the current regulations, focusing on: • Emergency Access and risk to new persons in the floodplain • Emergency evacuation and warning plans • Blockages and Damming. PUBLIC OUTREACH Feedback from both the citizen Working Committee and TAC support the recommendation of staff that there are opportunities in the future to improve specific life-safety standards as a valuable complement to the current regulations. This approach is also supported by the Office of Emergency Management of the Poudre Fire Authority. Support was voiced for the need to prepare proactive safety management and emergency warning plans that address escape routes for employees and/or customers and also for developing criteria to require access routes for emergency workers. Perhaps “dryland access” requirements could be modified to allow safe but “wet” access through areas without significant flow (backwater flooding areas). BOARD/COMMISSION RECOMMENDATIONS The results of the Floodway Surcharge Analysis and Life Safety / Damage Reduction / Property Rights Evaluation, feedback from the Working Committee and Technical Advisory Committee, and the staff recommendation to pursue a modified approach consisting of the existing Poudre River October 25, 2011 Page 7 Floodplain Regulations in combination with specific life-safety and property damage reduction criteria were presented to both the Water Board (September 15, 2011) and Natural Resources Advisory Board (September 21, 2011). Water Board Staff presented the information and responded to questions from the Board. Due to the complexity of the subject matter, a significant amount of time was spent re-visiting floodplain concepts. Staff also summarized the existing requirements outlined in the currently-adopted Poudre Floodplain Regulations. There was extensive discussion of the technical analyses prepared in conjunction with the Working Committee effort. The Board noted the importance of life safety and property damage reduction as guiding floodplain management principles. Concern was expressed, however, that more emphasis should be placed on environmental considerations. The Board then discussed whether this emphasis should be included as a requirement in the Floodplain Management or Land Use sections of City Code. Attachment 7 contains an excerpt of the minutes from the September 15, 2011 Water Board meeting. The Water Board recommendation includes language stressing the need to increase preservation of natural and beneficial functions of the Poudre River floodplain as shown below: “The Water Board recommends the existing floodplain regulations be retained, but that additional consideration to implementing specific life safety and property damage criteria and increased preservation of natural and beneficial functions of the floodplain that would enhance and support the current regulations be incorporated with the process to adopt the new Floodplain Rules and Regulations for the State of Colorado as approved by the Colorado Water Conservation Board (CWCB).” Natural Resources Advisory Board (NRAB) Staff presented the information and responded to questions from the Board. Based on questions received at the Water Board regarding floodplain concepts, staff spent additional time reviewing and explaining floodplain concepts and the existing requirements outlined in the currently-adopted Poudre Floodplain Regulations. The technical analyses prepared in conjunction with the Working Committee effort were discussed in detail. Similar to the Water Board discussion, the NRAB Board noted the importance of life safety and property damage reduction as guiding floodplain management principles. The Board reviewed and discussed the previous NRAB recommendation, which indicated a preference for Option #2 (Revise the floodplain regulations to not allow any new structures in the 100-Year floodplain). The Board expressed strong concern that development of property within the Poudre River floodplain will adversely affect the natural and beneficial functions of the River. There was concern that the economic benefits of this development will have negative long term financial impacts on the City if the Poudre River is not protected and preserved. After considerable discussion, the Board felt that its original recommendation was still applicable. Attachment 8 contains the NRAB formal recommendation which is summarized below: “The NRAB understands economic growth is important to the City of Fort Collins but considers the health of the Poudre river also an important economic factor to the City. The NRAB previously recommended Option #2 to Council in December, 2010 that new structures not be allowed in the Poudre River floodplain. This motion reinforces the NRAB’s previous recommendation that Option #2 is still the best October 25, 2011 Page 8 option from the Natural Resources perspective in order to protect the river and help achieve the goals of the triple bottom line.” ATTACHMENTS 1. Poudre River Floodway Surcharge Analysis – Overall Map 2. Poudre River Floodway Surcharge Analysis – Upstream and Downstream of College Avenue 3. Poudre River Floodway Surcharge Analysis – Linden Street to D/S (East) of Lemay Avenue 4. Life-Safety / Damage Reduction / Property Rights Evaluation 5. Criteria Comparison – AIR and Modified Approach 6. Colorado Water Conservation Board Revised Floodplain Rules and Regulations Background 7. Excerpt from draft Water Board Minutes, September 15, 2011 (Floodplain Regulations) 8. NRAB Formal Recommendation (Poudre River Floodplain Regulations) 9. Powerpoint presentation 10. Work Session Summary, February 22, 2011 11. Work Session Summary, January 11, 2011 12. Work Session Summary, August 24, 2010 13. Work Session Summary, December 8, 2009 Floodway Surcharge Analysis – Overall Map Floodway Surcharge Analysis – North College Floodway Surcharge Analysis – Link-N-Greens Poudre River Floodplain Regulations 9/7/2011 Evaluation of Life-Safety, Damage Reduction, and Neighboring Property Rights Protection Criteria ** Note – This does not include the technical criteria (depth and velocity) being evaluated through additional quantitative analyses. Scale: 0 (Not Considered) – 10 (Fully Considered) Criteria Current Regulations Proposed AIR Regulations Risk to New Persons Occupying the Floodplain 4 Current regulations prohibit critical facilities and new residential structures. 7 Risk to workers and customers of non- residential structures. Risk to Emergency responders. Risk may be mitigated by other criteria such as dryland access, emergency evacuation plans, etc. Dryland Access 0 8-10 Life-Safety Criteria Emergency Warning and Evacuation Plans 1-2 Currently considered when floodproofing a building. 6-7 Potential Debris 6 Current floatable materials regulation. 7-8 Proposed regulation would also address fences, building being damaged and generating debris, etc. Life-Safety and Flood Damage Reduction Criteria Blockages and Damming (Proposed fences, walls, rows of trees, etc. Existing unmapped risk upstream of bridges, railroad crossings, etc.) 1 4-5 Flood Damage Resistant Materials 6 7-8 Structure Design 4-5 7-8 Poudre River Floodplain Regulations 9/7/2011 Analysis of Impact on Other Properties. 2 Analysis required if doing a LOMR. 8 Mitigation of Impact on Other Properties 1 Mitigation only required if working in the floodway and mitigation only related to change in flood elevation. 8 Public Notification 1 Minimal notification as part of LOMR. 9-10 Neighboring Property Rights Protection Public Comment 3 Can comment through P&Z for large projects. 9 Summary Criteria Current Regulations Proposed AIR Regulations Life-Safety Criteria 2-3 7 Damage Reduction Criteria 7 8 Neighboring Property Rights Protection 1-2 8-9 Page 2 of 2 Poudre River Floodplain Regulations 9/7/2011 COMPARISON Adverse Impact Review (AIR) Approach vs. Modified Approach (Combination of Current Regulations plus Life-Safety and Property Damage Considerations) Criteria AIR Approach Modified Approach Risk to New Persons Occupying the Floodplain X X Emergency Access X X Life-Safety Criteria Emergency Warning and Evacuation Plans X X Increase in Flood Elevation X Increase in Velocity X Increase in Erosion Potential X Debris Potential X Blockages and Damming (Proposed fences, walls, rows of trees, etc. Existing unmapped risk upstream of bridges, railroad crossings, etc.) X X Life-Safety and Flood Damage Reduction Criteria Structure Design X X Flood Damage Reduction Criteria Flood Damage Resistant Materials X X Analysis of Impact on Other Properties. X Mitigation of Impact on Other Properties X Neighboring Property Rights Protection Public Notification X Poudre River Floodplain Regulations 9/7/2011 Revisions to City of Fort Collins Floodplain Regulations (CWCB Rulemaking in November, 2010) BACKGROUND In November 2010, the Colorado Water Conservation Board (CWCB) approved the adoption and implementation of new Floodplain Rules and Regulations for the State of Colorado. Governmental entities are required to adopt floodplain regulations that meet or exceed those established by the CWCB on or before January 14, 2014. While a majority of the floodplain regulations currently in force within the City of Fort Collins meet or exceed the new requirements, there are modifications that must be made to the existing regulations to be in compliance, including but not limited to the following: • A minimum of one foot of freeboard above the 100-Year Base Flood Elevation will be required for the lowest floor elevation of residential and non-residential structures; • Elimination of waiver to allow development within floodplains where City improvements have resulted in floodplain modifications that have not yet been re- mapped; • All costs (including those for building floors above the first floor) must be included in determining and applying rules with respect to substantial improvement for development in all floodplains; and • Enforcement of the City moderate-risk floodplain as currently designated. These changes have not been included to date in the discussion regarding potential revisions to the Poudre River floodplain regulations for the following reasons: • They apply to all floodplains within the City and are not specific to the Poudre River; • They are not directly related to the implementation of an AIR approach to the Poudre River; and • There has been no public outreach to inform the community about the new requirements. Excerpt from Unapproved Water Board Minutes, September 15, 2011 Poudre River Floodplain Regulations (Attachments available upon request). Stormwater and Floodplain Program Manager Ken Sampley presented information on this item and stated this item will also be presented to the Natural Resources Advisory Board. Ms. Hilmes- Robinson was also available to answer questions concerning the regulations. Mr. Sampley presented background information on the Poudre River as a flood threat. Since it is the largest watershed in the city, the flood risk is greater because of rain, snow melt, and rain-on-snow storm events. Purpose of Poudre River Floodplain Regulations Review This is one aspect of the stormwater repurposing effort. It is the City’s duty and responsibility to manage foreseeable risks to protect current and future citizens from the impacts of flooding. Problem Statement Summarized Unless mitigated, development in the floodplain can result in adverse flooding impacts. The current regulations do not include requirements that specifically address increased risk to human life and safety, impacts of redirected flood waters, and increased preservation of natural and beneficial functions of the floodplain. The current regulations focus primarily on protecting new structures from flooding damage. Floodplain Regulation Options Mr. Sampley listed the four options for the board to consider. Board discussion: Can you remind us what the board initially recommended? The board recommended staff look at Option #2 which states, the Poudre River floodplain regulations be revised to not allow any new structures in the 100-year floodplain. This recommendation was made in 2010. Did the Adverse Impact Review (AIR) involve the change in velocity? The AIR involved no change in velocity or erosion. Mr. Sampley stated this item was presented at the February 22, 2011 Council Work Session. Council expressed interest in further investigation of the AIR approach with an expanded Working Committee. The Working Committee consisted of property and business owners, engineers, developers, environmental stewards, and staff. Staff developed the potential AIR Review Criteria and Review Process with input from the Working Committee. Several of the committee members questioned the Problem Statement. A technical subcommittee was established as a result of this. This subcommittee looked at a floodway surcharge analysis as well as life safety, damage reduction, and property rights evaluation criteria. The subcommittee utilized City staff to provide input, feedback, and guidance on the floodplain regulations and the AIR from a multi-disciplinary perspective. Utilities also evaluated this based on the Triple Bottom Line (TBL) philosophy which includes economic, social, and environmental considerations. Mr. Sampley explained the model for the Floodway Surcharge Analysis. The goal of this model is to identify flooding impacts that allowable developments will have on life safety and determine if these impacts are of the magnitude and significance to support migrating to an AIR approach for floodplain management. The model shows a maximum 6 inch floodway rise; however, not all the cross sections are at 6 inches. Board discussion: What are the assumptions with the model? Are you assuming that every piece of land in the flood fringe is developed and filled in? To develop the original floodway limits, the water surface elevation is raised six inches. However, in this model, the surcharges from a Federal Emergency Management Agency (FEMA) model were plugged into the cross section. Is a portion of the flood fringe filled? The purpose of the surcharge model was to determine impacts of the water surface elevation increases. This will make the floodway expand wider. This model assumes no changes to the floodplain from stormwater mediation projects? There is no capital projects proposed in this region. When the floodplain widens, there is an opportunity to impact other properties that are not currently in the floodplain. A board member asked for clarification on the cross section with the 3.8 inch rise versus the 5.5 inch rise. Ms. Hilmes-Robinson stated the model can be changed. The maximum is a six inch rise, but each time the model is changed, the numbers will vary some. The current regulations allow a 6 inch rise. What is allowable for the developer? A developer does not have to conduct an analysis for building outside the floodplain or the floodway. Ms. Hilmes-Robinson stated the purpose of the model is to predetermine what could happen with developments. Mr. Sampley stated this is a very preliminary look. A board member asked for clarification on topology changes concerning the rise. The maximum is six inches. A board member asked for clarification on whether fill was used on the property where the Northside Aztlan Community Center was constructed. Ms. Hilmes-Robinson stated this structure was not constructed on fill. A board member asked for clarification if a new development with a six inch rise caused an eleven inch rise at a different point along the floodway. Mr. Sampley stated that because of the topology, the development would not cause a six inch rise. If someone downstream builds a development, do they not have to cause a six inch rise? If a developer builds outside the floodway, they do not have to quantify the impact. A board member asked for clarification on what would happen if new developments were constructed in the floodway. Ms. Holmes-Robinson drew a diagram explaining what would happen if new developments were constructed in the referenced area. Mr. Sampley gave a summary of the floodway surcharge analysis: • Area added to the 100 year floodplain: Total = 8.88 acres Link-N-Greens only = 7.08 acres • Number of structures not currently in the 100 year floodplain that would be subject to the expanded (wider and deeper) 100-year floodplain = 5 • Number of structures currently in the 100-year floodplain that would experience an increase in water surface elevation = 122 (up to six inches) Board discussion: Does that increase flood insurance? No, because most of the 122 buildings are older structures. Future developments would need to look at elevating the structures to remove them from the floodplain. A board member expressed concern about the older buildings and feels these structures are just as important as newer structures. Mr. Holmes-Robinson stated that the statement concerning the older buildings came from the working committee and property owners. There are some residential structures; however, most of the structures are commercial. A board member asked for clarification on velocity in the area. Ms. Holmes-Robinson explained the Product Corridor Equation (depth times velocity greater than or equal to 6). The current regulations allow 18 inches of water? No, that is the existing condition. Currently, the water overtops College Avenue and Vine Drive without any further developments. Are you assuming the current rainfall criteria? The Poudre River does not use rainfall criteria in the mapping. Mr. Sampley gave a summary of the life safety, damage reduction, and property rights evaluation criteria. This was a separate process in addition to the technical analysis. The goal is to compare the existing regulations and proposed AIR review process to evaluating their applicability for evaluating life safety and property damage. Board discussion: A board member asked for clarification concerning if someone wants to develop in the area, whether they have to conduct an analysis of the floodplain? No, they are not required to do an analysis if they are in the flood fringe. Mr. Haukaas stated by identifying the floodway and flood fringe, the analysis has already been conducted. Mr. Sampley gave a summary of the results. The matrix shows the current regulations either did not consider, or only minimally considered the following criteria: • Risk to workers, customers, delivery people, etc. during a 100-year flood event; • Safe access for emergency personnel during an event; • Emergency warning and evacuation plans; • Blockage of existing bridge, culvert, and stream improvements; and • Notification to potentially impacted property owners The matrix shows that the current regulations do consider, to a significant degree, the following criteria: • Flood damage resistant materials • Structure design for new development in the floodplain • Freeboard Mr. Sampley gave a summary of the recommendations from the working committee. Staff considered the possibility of requiring if a new development should conduct a technical engineering analysis to determine the increase in velocity. Since part of the impact has already been indentified, it does not seem appropriate for an additional analysis to be conducted; however, when an analysis is not conducted, the opportunity is lost to provide notice to some of the properties. Staff believes emergency access and emergency evacuation and warning plans should be reviewed to improve the current regulations. During the process, staff also incorporated technical guidance such as ineffective flow and conveyance shadowing. Mr. Sampley gave a summary of the recommendations from the technical advisory committee. Staff met separately with the Poudre Fire Authority (PFA). They are very interested in regards to implementing specific life safety and property damage criteria. They also desire to focus and improve coordination of City departments to better consider life safety and property damage considerations including street layouts and zoning. Mr. Sampley gave a summary of the revisions to the floodplain regulations. In November 2010, the Colorado Water Conservation Board (CWCB) approved new floodplain rules and regulations. In January 2014, local governments will be required to adopt floodplain regulations that meet or exceed the new requirements. Board discussion: What is a moderate risk floodplain? In some instances, the 500-year floodplain is mapped; in other instances, shallow flooding is mapped. This is not currently regulated. Some areas will now be required to have a floodplain use permit. Does the map show the 500-year floodplain? No, this map does not show the 500-year floodplain. Mr. Haukaas stated today’s discussion does not have an impact on the 500-year floodplain; however, these issues will be discussed with the board at a later time. Mr. Sampley gave a summary of the conclusions. He stated it does not seem necessary to require an additional engineering analysis to quantify the impacts; however, staff believes that specific life safety and property damage criteria could be combined with current floodplain regulations to enhance regulations. Mr. Sampley gave a summary of staff’s recommendations, which include retaining existing floodplain regulations, but also to consider implementing specific life safety and property damage criteria that would enhance the current regulations. Recommendations also include partnering with PFA to develop criteria concerning emergency access, evacuation, and blockages. Staff also recommends incorporating the criteria into the regulations required by the CWCB. Board discussion: You can fill in the entire flood fringe and it doesn’t raise the water level along the mapped corridor more than 5.9 inches? Yes, that is correct. What defines the floodway limits? The concept behind the floodway is to preserve an area with the highest risks. This is based on the fact that historically, individuals and businesses like to build near creeks and rivers. Chairperson Janett stated she feels protection of the natural floodplain as well as the environmental component (as part of the TBL analysis) has not been taken into consideration. Mr. Sampley stated development cannot happen in the floodway without a Conditional Letter of Map Revision (CLOMR) or Letter of Map Revision (LOMR). If you are filling in the floodplain, you are increasing the speed of the water. The water will be channeled instead of going through a wide area. How can we develop the flood fringe exercise? Mr. Haukaas stated when Utilities started looking at the AIR process, Utilities looked at a worst case scenario. The area is still going to flood, but the overbank has some advantages. The impact of a worst case scenario is pretty minimal. There are commonalities from the AIR process, including increased evacuation, better dry land access, and public safety components. Does the City plan to enhance and maintain the models over time? Are you proactively looking at properties where development could occur with potential safety issues? Is the City going to plan out recommendations if a development does occur? Yes, Utilities will continually try to improve the mapping. The federal grant process will re-map the area to obtain better data. Until the development happens, Utilities does not know specifically on the map where they will be located. Is it possible to address the flood fringe in the same way as a landscape requirement? This analysis does not take the Poudre River buffer into account. Ms. Hilmes-Robinson stated the Poudre River buffer is a natural areas buffer. The area defined as a buffer depends on important features in the area, such as an eagle’s nest or wetlands. In some places the areas are wider than the floodway. In other places they are within the floodway. Is the Link-N-Greens property outside the buffer zone? Yes. Could the buffer be within the floodway? Yes, in certain places. What is the current regulation for the floodway? The current regulation is for a 6-inch floodway. This matches the current Larimer County regulation. Ms. Hilmes-Robinson stated there is a whole series of criteria relating to the structure. Most of the criteria are related to property protection of the structures. This is because floodplain regulations were originally developed for the purpose of reducing payouts from flood insurance. No residential structures or critical facilities are allowed in the 100-year floodplain. Will you change the floodway and floodplain limits when you re-map? Would property be grandfathered in? No, property in the floodplain would not be grandfathered in. It would be subject to the new floodway requirements. How much did the modeling cost? The modeling cost approximately $7,000-8,000. A board member questioned the statement from the problem statement concerning increased preservation of natural and beneficial functions of the floodplain. Mr. Sampley stated this is covered by the requirements in the City Code concerning the natural areas buffer; however, it is not indentified in the floodplain portion of the Code. The board member suggested this should not be part of the problem statement. Chairperson Janett stated that more floodplain regulations will be presented to the board at later times. The City had a 0.1 rise on the books for eight years, from 2000 to 2008, and chose to relax their standard in 2008. The board may choose the option for a lesser rise in the future. Also, the board is scheduled to hear an item on the state’s modeling for Climate Change. Due to the potential for greater flooding frequency and higher magnitude storms, today’s 100-year flood fringe may not be the same as what it will be 30 years in the future. Mr. Sampley reiterated the staff recommendation which states the existing floodplain regulations be retained, but that additional consideration be given to implementing specific criteria, which are similar to the AIR criteria. This would be a modified approach. Board discussion: A board member stated the recommendation does not consider the environmental aspect in the regulations. Chairperson Janett stated the motion wording can be modified to include a statement for the environmental aspect. What is wrong with cross referencing the flood regulations with some of the environmental regulations in the City Code? Perhaps a gap analysis can be done concerning this. Mr. Sampley requested Deputy City Attorney Carrie Daggett respond to this question. Ms. Daggett stated the Land Use Code requirements contain information that applies to development activities. The Land Use Code contains a definition of development; however, there is a broader definition of development in Chapter 10 of the City Code. In relating to floodplain management and effects on flood flows, there legally would be room to have requirements in Chapter 10. She stressed it is important to think about the relationship in terms of the floodplain provisions. Ms. Hilmes- Robinson stated the code language is not void of any code that talks about velocity and erosion issues. The Land Use Code and Chapter 10 include provisions concerning this. Board Member Brunswig requested a friendly amendment to staff’s recommended motion. The motion did not carry. Discussion on the motion: Chairperson Janett asked for clarification on what Board Member Brunswig means by “not be retained.” Board Member Brunswig stated that she wants the environmental aspect to be considered since the other aspects are being considered. Board Member Goldbach requested a friendly amendment to the motion. She suggested building the motion around the fact that the AIR might not be worth the expense. The motion was not seconded. The motion does not carry. Mr. Sampley stated the AIR approach as originally proposed included all of the considerations identified in Attachments 5 and 6 to the Poudre River Floodplain Regulations AIS as well as the determination of impacts to base flood elevations, velocities, and erosion potential. However, based on the results from the Floodway Surcharge Analysis, a comprehensive AIR review process that requires a detailed engineering analysis of changes in flood elevations and velocities and their impact on adjacent properties is not appropriate for all development situations in the Poudre River floodplain. Staff believes that incorporating specific life safety and property damage reduction criteria in combination with the existing floodplain regulations will address the key common considerations associated with public safety. Board Member Brown requested a friendly amendment to staff’s recommended motion. He liked the motion language, but would like to modify it slightly to include the environmental consideration. He would like the floodplain to function in its natural capacity. Amended Motion: Board Member Brunswig moved that the Water Board recommend that the existing floodplain regulations not be retained until Council considers environmental aspects of the Triple Bottom Line analysis of the Poudre River regulations and include protection of the natural processes of the floodplain. Board discussion: A board member feels it would be valuable to hear comments from members of the Natural Resources Advisory Board after the item is presented to them. Ms. Hilmes-Robinson asked the board if there are specific criteria they are looking at that might help guide staff in the right direction. A board member stated the new AIR process seemed to focus on processes to protect structures. He is interested in the methods available to address the beneficial aspects of the floodway for presentation to the board. Chairperson Janett stated the working committee was predominantly composed of business developers and real estate individuals. She feels there is plenty of expertise available on the subject for future discussion. Vote on the motion: It passed unanimously. Amended Motion: Board Member Brown move the Water Board recommend the existing floodplain regulations be retained, but that additional consideration to implementing specific life safety and property damage criteria and increased preservation of natural and beneficial functions of the floodplain that would enhance and support the current regulations be incorporated with the process to adopt the new Floodplain Rules and Regulations for the State of Colorado as approved by the Colorado Water Conservation Board (CWCB). Board Member Gessler seconded the motion. Natural Resources 215 N. Mason PO Box 580 Fort Collins, CO 80522 970.221-6600 970.224-6177 - fax fcgov.com MEMORANDUM FROM THE CITY OF FORT COLLINS NATURAL RESOURCES ADVISORY BAORD Date: October 6, 2011 To: Mayor and Council Members From: Liz Pruessner on behalf of the Natural Resources Advisory Board Subject: Poudre River Floodplain Regulations The NRAB considered all the new information on the floodplain regulations presented at our meeting on September 21, 2011. The City was correct in the decision to develop more information by initiating the Citizen Working Committee and the Technical Advisory Committee to analyze existing floodplain regulations and conduct the Adverse Impact Review. The committees were also asked to consider the Triple Bottom Line in their analysis. This is a complex issue and the new information that was gained in the process proved most beneficial. Development in the floodplain can cause adverse impacts and this process revealed deficiencies that our existing floodplain regulations do not address including: o Increased risk to human life and safety (workers, customers, emergency responders, etc.); o Impacts (as a result of increased flooding depths and velocities) of redirected flood waters; and o Increased preservation of natural and beneficial functions of the floodplain. While the NRAB certainly supports the staff recommendation that additional consideration should be given to implementing specific life safety and property damage criteria that would enhance and support the current regulations, we feel the best way to accomplish the goals of protecting life, safety, property and the health of the Poudre River is not to allow development to encroach into the floodplain. There are threats to existing structures in the floodplain and it makes no sense to add to the risk by allowing more structures to be built. City Plan spells out principles designed to minimize the risk while supporting the long term health of the river: Principle ENV 26: The City will manage the Poudre River floodplain to minimize potentially hazardous conditions while promoting natural processes associated with flooding, erosion and channel migration to occur over time as appropriate. Encroaching into the floodplain does not support the sustainability of the river or the community. The NRAB feels that the staff recommendation does not focus enough attention on the environmental considerations of the triple bottom line analysis. The NRAB understands the importance of economic growth to the City of Fort Collins, but considers the health of the Poudre River also a vitally important economic factor to the City. Maintaining a healthy flowing river is in the long term economic interests of the City. Numerous studies have shown the value of the river, our Natural Areas and trails to the local economy. 2 The NRAB previously recommended Option #2 to Council in December, 2010 that new structures not be allowed in the Poudre River floodplain. This motion reinforces the NRAB’s previous recommendation that: Option #2: The Poudre River floodplain regulations be revised to not allow any new structures in the 100-Year floodplain is still the best option from the Natural Resources perspective in order to protect the river and help achieve the goals of the triple bottom line. This vote was unanimous. For reference, we enclose our motion from December 2010 with this memo. Please feel free to contact me regarding the NRAB’s comments on this issue. Respectfully Submitted, Liz Pruessner, Chair Natural Resources Advisory Board cc: Darin Attebury, City Manager John Stokes, Director, Natural Resources Dept. Susie Gordon, Staff Liaison 1 Poudre River Floodplain Regulations Potential Revisions City Council Work Session October 25, 2011 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 1. Does City Council concur with the Staff recommendation that additional consideration be given to implementing specific life safety and property damage criteria that will enhance and support the existing floodplain regulations? General Direction / Specific Questions Page 1 of 22 3 2. Upon review of the floodway surcharge analysis results, does City Council agree with the elimination of the additional detailed engineering analyses, notification and mitigation requirements originally proposed with the AIR approach? General Direction / Specific Questions 4 3. Is it acceptable to combine the additional Poudre River life safety and property damage criteria along with mandated Colorado Water Conservation Board (CWCB) revisions to City- wide floodplain regulations and present both for formal Council action in March 2012? General Direction / Specific Questions Page 2 of 22 5 The Poudre River is a Flood Threat Poudre is the largest watershed in the city – Drains 1,537 square miles of land into Fort Collins – Generates a peak flow of 13,300 cfs and velocities over 13 fps – Can flood for days or weeks vs. hours in other basins – Floods can be caused by rain, snowmelt, and rain-on-snow storm 1904 Poudre River flood. High water events mark on homes in Andersonville. 6 Purpose of Poudre River FloodplainReview Floodplain Regulations Review – Review of Floodplain Regulations is one aspect of the Stormwater Repurposing effort. – There is a flood risk on the Poudre River • Existing properties in the Poudre floodplain are already at risk • The goal is to not increase this risk for the future – It is the City’s duty and responsibility to manage foreseeable risks to protect current and future citizens from physical, financial, and emotional impacts of flooding Page 3 of 22 7 PROBLEM STATEMENT -- Summarized The Poudre River floods. Unless mitigated, development in the floodplain can result in adverse flooding impacts. The current Poudre River Floodplain Regulations do not include requirements that specifically address: – Increased risk to human life and safety (workers, customers, emergency responders, etc.); – Impacts (as a result of increased flooding depths and velocities) of redirected flood waters; and – Increased preservation of natural and beneficial functions of the floodplain. The current regulations focus almost exclusively on protecting new structures from flooding damage. Poudre River Floodplain Regulations 8 Option #1: The Poudre River floodplain regulations be revised to adopt a 0.1 foot rise floodway; OR Option #2: The Poudre River floodplain regulations be revised to not allow any new structures in the 100-Year floodplain; OR Option #3: No change to the Poudre River floodplain regulations (null alternative); OR Option #4: Allow all non-residential development that meets proposed Adverse Impact Review (AIR) Criteria Floodplain Regulation Options Page 4 of 22 9 Feb 22 2011 Council Work Session Council expressed interest in further investigation of the AIR approach Specific direction to Staff: – Continue development of the AIR criteria, standards and review process with an expanded Working Committee; – Perform additional public outreach; and, – Bring the item for Council review at a future (TBD) Council Work Poudre River Floodplain Regulations 10 Working Committee (Citizens) • Established in January 2011. Three (3) meetings prior to Feb 22, 2011 Council Work Session • Property/business owners, engineers, developers, environmental stewards, FCU Staff • Staff developed potential AIR Review Criteria and Review Process with input from Working Committee (Presented on Feb. 22, 2011) • Committee members expressed concerns with AIR Criteria and Review Process Poudre River Floodplain Regulations Page 5 of 22 11 Working Committee (Citizens) • Meetings on June 13, 2011 July 11, 2011 August 22, 2011 • Committee Members questioned the Problem Statement • Established a technical subcommittee – Floodway surcharge analysis – Life Safety / Damage Reduction / Property Rights Evaluation Criteria Poudre River Floodplain Regulations 12 Technical Advisory Committee • Utilize City staff to provide input, feedback and guidance on the floodplain regulations and the Adverse Impact Review from a multi- disciplinary perspective. Poudre Fire Authority Economic Dev Police Advance Planning Natural Areas Engineering Development Review Parks and Rec • Evaluate based on a triple bottom line (TBL) philosophy that includes economic, social and environmental considerations. Poudre River Floodplain Regulations Page 6 of 22 13 Floodway Surcharge Analysis GOAL Identify flooding impacts that allowable (under current regulations) development will have on life safety and existing properties and structures along the Poudre River and determine if these impacts are of the magnitude and significance to support migrating to an adverse impact review approach for floodplain management. APPROACH Quantify the potential impacts of the allowable rise (floodway surcharge) associated with the current effective 100-Year ½-ft floodway model. Poudre River Floodplain Regulations 14 0.5-ft Rise Riparian Channel Overbank Riparian Overbank 100-year Floodplain Definitions – Floodplain and Floodway Natural River at 1% Annual Chance Flood Stage Fill Material Flood Fringe 0.5-ft Rise Floodway Flood Fringe Fill Material BFE Floodplain Concepts Page 7 of 22 15 • A 6-inch floodway designates an area of a river where encroachment is allowed to cause a maximum rise of up to 6-inches. – Optimized does not mean rise of 6.0 inches globally – Optimization meets multiple goals and intents (more later) • Usually not obvious to the casual observer • Not tied to physical features in the field • Hydraulic modeling considerations may only allow for rises less than 6 inches in certain locations. Floodway Concept 16 • Objective: The river needs to be modeled as a whole, not just one cross section at a time. • Common reasons 6-inch rise is not achievable: 1. Adjacent cross sections increase > 6 inches 2. Line smoothing changes boundary location 3. Negative surcharges 4. Unequal conveyance 5. Engineering expertise + experience Maximum 6-6 -inch Rise Challenges Page 8 of 22 17 18 Line Smoothing Page 9 of 22 19 Line Smoothing Equal Conveyance Reduction Example Page 10 of 22 Less Than 6-6 -inch Rise 22 • A floodway boundary is not a physical feature • It is ultimately up to the engineer to balance all challenges – using technical expertise • Optimized does not mean rise of 6.0 inches all the time • There are an infinite number of potential encroachments in a floodway analysis Floodway Conclusions Page 11 of 22 23 Poudre River Floodplain Regulations Floodway Surcharge Analysis -- Results AIS Attachment 1 24 Poudre River Floodplain Regulations Floodway Surcharge Analysis -- Results AIS Attachment 2 Page 12 of 22 25 Poudre River Floodplain Regulations Floodway Surcharge Analysis -- Results AIS Attachment 3 26 SUMMARY • Area added to the 100-Year floodplain: • Total = 8.88 acres • Link N Greens only = 7.08 acres • Number of structures not currently in the 100-Year floodplain that would be subject to the expanded (wider and deeper) 100-Year floodplain = 5 • Number of structures currently in the 100-Year floodplain that would experience an increase in water surface elevation (and corresponding depth of flooding) = 122 (up to 6 inches) Poudre River Floodplain Regulations FloodwayAnalysis Floodway Surcharge Analysis Page 13 of 22 27 Life Safety / Damage Reduction / Property Rights Evaluation Criteria GOAL Compare the existing regulations and proposed AIR Review process to evaluating their applicability for evaluating life safety and property damage APPROACH Develop a matrix to provide a qualitative assessment of how the current regulations and AIR process compare with respect to key considerations Poudre River Floodplain Regulations Results Poudre River Floodplain Regulations Life Safety / Damage / Property Rights Evaluation of Life-Safety, Damage Reduction, and Neighboring Property Rights Protection Criteria ** Note – This does not include the technical criteria (depth and velocity) being evaluated through additional quantitative analyses. Scale: 0 (Not Considered) – 10 (Fully Considered) Criteria Current Regulations Proposed AIR Regulations Risk to New Persons Occupying the Floodplain 4 Current regulations prohibit critical facilities and new residential structures. 7 Risk to workers and customers of non- residential structures. Risk to Emergency responders. Risk may be mitigated by other criteria such as dryland access, emergency evacuation plans, etc. Dryland Access 0 8-10 Life-Safety Criteria Emergency Warning and Evacuation Plans 1-2 Currently considered when floodproofing a building. 6-7 Potential Debris 6 Current floatable materials regulation. 7-8 Proposed regulation would also address fences, building being damaged and 29 Results The matrix shows that the current regulations either did not consider, or only minimally considered the following criteria: – Risk to workers, customers, delivery people, etc. during a 100-year flood event; – Safe access for emergency personnel during an event; – Emergency warning and evacuation plans; – Blockage of existing bridge, culvert and stream improvements; and, – Notification to potentially impacted property owners Poudre River Floodplain Regulations Life Safety / Damage / Property Rights 30 Results The matrix shows that the current regulations do consider, to a significant degree, the following criteria: • Flood damage resistant materials • Structure design for new development in the floodplain • Freeboard Poudre River Floodplain Regulations Life Safety / Damage / Property Rights Page 15 of 22 31 Recommendations of Working Committee • Use modified approach that retains existing floodplain regulations but considers incorporation of key aspects of AIR criteria (See below) • Additional consideration should be given in the future to implementing specific life safety and property damage criteria that would enhance and support the current regulations (i.e.) • Emergency Access and risk to new persons in the floodplain • Emergency evacuation and warning plans • Blockages and damming • Incorporate Technical Guidance (Ineffective flow and Conveyance Shadowing) into floodplain administration process Poudre River Floodplain Regulations 32 Recommendations of TAC • Retain existing floodplain regulations (floodway surcharge technical analysis indicated full implementation of AIR approach is not justified) • Poudre Fire Authority – Strong support for implementing specific life safety and property damage criteria that would enhance and support the current regulations: • Emergency Access and risk to new persons in the floodplain • Emergency evacuation and warning plans • Blockages and damming • Debris reduction Poudre River Floodplain Regulations Page 16 of 22 33 Water Board Recommendation • Importance of life safety and property damage reduction • Concern -- Preservation of natural and beneficial functions “The Water Board recommends the existing floodplain regulations be retained, but that additional consideration to implementing specific life safety and property damage criteria and increased preservation of natural and beneficial functions of the floodplain that would enhance and support the current regulations be incorporated with the process to adopt the new Floodplain Rules and Regulations for the State of Colorado as approved by the Colorado Water Conservation Board (CWCB).” Poudre River Floodplain Regulations AIS Attachment 7 34 NRAB Recommendation • Option #2 -- Do not allow any new structures in floodplain • Concern – Preservation of natural and beneficial functions • Concern – Potential negative long term economic impacts “The NRAB understands economic growth is important to the City of Fort Collins but considers the health of the Poudre river also an important economic factor to the City. The NRAB previously recommended Option #2 to Council in December, 2010 that new structures not be allowed in the Poudre River floodplain. This motion reinforces the NRAB’s previous recommendation that Option #2 is still the best option from the Natural Resources perspective in order to protect the river and help achieve the goals of the triple bottom line.”.” Poudre River Floodplain Regulations AIS Attachment 8 Page 17 of 22 35 Revisions to Floodplain Regulations (CWCB) • Nov. 2010 -- CWCB approved new Floodplain Rules and Regulations for Colorado • Jan. 2014 -- Local governments required to adopt floodplain regulations that meet or exceed new requirements • Majority of current Fort Collins floodplain regulations meet or exceed new requirements Poudre River Floodplain Regulations AIS Attachment 6 36 Revisions to Floodplain Regulations (CWCB) • There are modifications needed to some regulations, for example: • One foot freeboard above 100-Year BFE (currently 6 inches in some instances) • Elimination of waiver -- Development in floodplains where floodplain modifications not yet mapped • All costs must be included in determining substantial improvement requirements • Enforcement of moderate risk floodplain. Poudre River Floodplain Regulations Page 18 of 22 37 Revisions to Floodplain Regulations (CWCB) • These changes have not been included to date in the discussion regarding potential revisions to the Poudre River floodplain regulations for the following reasons: • They apply to all floodplains within the City and are not specific to the Poudre River; • They are not directly related to the implementation of an AIR approach to the Poudre River; and • There has been no public outreach to inform and obtain feedback on their incorporation. Poudre River Floodplain Regulations 38 Conclusions • Comprehensive AIR review process that includes detailed engineering analyses of changes in flood elevations and velocities and their impact on adjacent properties is not required • Specific life-safety and property damage criteria could be combined with current floodplain regulations to enhance regulations Poudre River Floodplain Regulations Page 19 of 22 39 Staff Recommendation • Additional consideration should be given to implementing specific life safety and property damage criteria that will enhance and support the existing floodplain regulations. These criteria should be presented in combination with the State-mandated revisions to citywide floodplain regulations for Council action in March, 2012. • Partner with Poudre Fire Authority to develop criteria with input from public outreach process Poudre River Floodplain Regulations Poudre River Floodplain Regulations COMPARISON Adverse Impact Review (AIR) Approach vs. Modified Approach (Combination of Current Regulations plus Life-Safety and Property Damage Considerations) Criteria AIR Approach Modified Approach Risk to New Persons Occupying the Floodplain X X Emergency Access X X Life-Safety Criteria Emergency Warning and Evacuation Plans X X Increase in Flood Elevation X Increase in Velocity X Increase in Erosion Potential X Debris Potential X Blockages and Damming (Proposed fences, walls, rows of trees, etc. Existing unmapped risk upstream of bridges, railroad crossings, etc.) X X Life-Safety and Flood Damage Reduction Criteria Structure Design X X Flood Damage Reduction Criteria Flood Damage Resistant Materials X X Analysis of Impact on Other Properties. X Mitigation of Impact on Other Properties X Neighboring Property Rights Protection Public Notification 41 1. Does City Council concur with the Staff recommendation that additional consideration be given to implementing specific life safety and property damage criteria that will enhance and support the existing floodplain regulations? General Direction / Specific Questions 42 2. Upon review of the floodway surcharge analysis results, does City Council agree with the elimination of the additional detailed engineering analyses, notification and mitigation requirements originally proposed with the AIR approach? General Direction / Specific Questions Page 21 of 22 43 3. Is it acceptable to combine the additional Poudre River life safety and property damage criteria along with mandated Colorado Water Conservation Board (CWCB) revisions to City- wide floodplain regulations and present both for formal Council action in March 2012? General Direction / Specific Questions 44 Poudre River Floodplain Regulations Potential Revisions QUESTIONS / FEEDBACK Page 22 of 22 Page 1 of 2 Page 2 of 2 Page 1 of 2 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 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 Page 1 of 3 Page 2 of 3 Page 3 of 3 X AIS Attachment 5 Page 20 of 22 generating debris, etc. Life-Safety and Flood Damage Reduction Criteria Blockages and Damming (Proposed fences, walls, rows of trees, etc. Existing unmapped risk upstream of bridges, railroad crossings, etc.) 1 4-5 Evaluation of Life-Safety, Damage Reduction, and Neighboring Property Rights Protection Criteria ** Note – This does not include the technical criteria (depth and velocity) being evaluated through additional quantitative analyses. Scale: 0 (Not Considered) – 10 (Fully Considered) Flood Damage Resistant Materials 6 7-8 Structure Design 4-5 7-8 Freeboard 8 8 Flood Damage Reduction Criteria Analysis of Impact on Other Properties. 2 Analysis required if doing a LOMR. 8 Mitigation of Impact on Other Properties 1 Mitigation only required if working in the floodway and mitigation only related to change in flood elevation. 8 Public Notification 1 Minimal notification as part of LOMR. 9-10 Neighboring Property Rights Protection Public Comment 3 Can comment through P&Z for large projects. 9 AIS Attachment 4 Page 14 of 22 Flood Damage Reduction Criteria Freeboard 8 8 Page 1 of 2