HomeMy WebLinkAboutMemo - Read Before Packet - 3/5/2013 - Memorandum From Jon Haukaas And Ken Sampley Re: Item No. 34 March 5, 2013 Council Meeting First Reading Of Ordinance No. 048, 2013, Amending Chapter 10 Of The City Code Relating To Development In TheUtilities
C
itY
of
electric. stormwater.
wasewater.
water
700 Wood St.
Fort
ColLins
970.221.6619 fax . 970.224 6003 TUD
utilities
fcgov.com
. fcgov. corWutilities
January
23,
2013
Save
the
Poudre
P.O.
Box
20
Fort
Collins,
CO
80522
Aim:
Mr.
Gary
Wockner,
PhD,
Director
Re:
Poudre
River
Floodplain
Regulations
—
Proposed
Revisions
Mr.
Wockner,
The
following
is
provided
in
response
to
your
letter
dated
June
29,
2012
containing
comments
on
the
City
of
Fort
Collins
/
floodplains,
will
cause
unnatural
erosive
stream
velocities,
will
push
flooding
impacts
on
to
publicly-owned
natural
areas,
and
offers no
mitigation
for
adverse
impacts).
As
outlined
in
City
Code,
the
Poudre
River
Floodplain
regulations promote
public
health
and
life
safety
while
working to minimize
public
and
private
losses.
The
regulations
seek
to
maintain
a
stable
tax
base
by
providing
for
City of
Fort
ColLins
Construction
funding
requests
would
be
anticipated
for
2015/16 and
are
currently
estimated
in
the
range
of
$3-6
Million
for
construction.
Some
private funding
of
the
projects
has
been
expressed.
It
is
anticipated
that
it
will
take
2
years
to
complete the
design
and
permitting
associated
with
the proposed
projects and,
assuming
funding
is
provided,
it
will
be
approximately
4
to
6
years
North Fort Collins Business Association
PC) Box 115 Fort Collins CX) 50522
July 12, 2012
Fort Collins City Council
Fort Collins CC) 80521
Mayor, Mayor Pro ‘1cm, City Council, and City Manager:
Please consider our thoughts on the June 29 mento that wax sent to Mr. Ken Sampley from Mr.
Gary Wockner, since so much of it pertains to members ofourorganization.
The NFCBA hastens to remind Council that our member businesses take our responsibility fbr
the safety and well-being ofour customers and employees seriously. And we want the Poudre
River to be an environmental centerpiece for our City. At the same time, we have confidence in
the six years of study City staff put into floodplain regulations which resulted in some of the
stiffi’st in the State of Colorado. We urge Council again to leave well enough alone.”
In his memo, Mr. Wockner states that “There were no citizens or organizations on the
committee representing ratepayer’s of taxpayer’s interests.” This statement is untnie. Most
NFCBA members are citizens of Fort Collins, and every member is both a ratepayer and a
taxpayer. In many cases, commercial property owners and business owners in or near the
floodplain pay considerably more taxes than the average citizen. Every business owner in the
area contributes to the quality of life in Fort Collins by providing jobs, engaging in charitable
activities, and by spending their business dollars in Fort Collins. It is therefore both incorrect
and inconsiderate to suggest that we have interests apart from “taxpayers” and “ratepayers.”
Mr. Wockner further states that “there is only one organization (Save the Poudre) representing
environmental interests.” To suggest that other members of the Committee outside of Save
the Poudre do not represent environmental interests is again untrue. Mr. Wockner’s
organization represents one environmental stance. His statement implies that no other
member of the Committee might have environmental interests. To the contrary, every hiker,
bicyclist, hunter, fisherman and outdoor enthusiast has an environmental interest in the Poudre
River. In short, we all do. To imply that membership of the Committee disregards
environmental concerns is narrow-minded to the extreme.
“The proposed regulations shift the expense for evacuation, rescue, and clean up to the City
taxpayers,” says Mr. Wockner. This statement considers that any interest not endorsed by
Save the Poudre is not aligned with those of “taxpayers.” Once again, we are taxpayers. We
care about how government spends the money we entrust to it. The statement also overlooks
the fact that protecting the citizenry is a primary function of municipalities, counties and even
the Federal Government. Based on the memo, one wonders if fire authorities should not
respond to a home fire because it was started by a lit cigarette.
Fiiially, IVIr. ‘Nockin’i writes that the proposal being put forward 1))’ the City requires a large
exl)ei)(hitLlre of piihl Ic dollars to take the Non ii College area out. of the floodplain.” We repeat
that })rotecting its cit i/ens is the pninlary hiiwtion of overtinient.
‘We appreciate the input of all who care al)oLlt our City ail(l are willing to help i)ring North Fort
Collins up to the stali(lards of the rest of Fort Collins. We again thank Council fill’ the work
being (lone to uipgra(le North Fort Coil ins, and we ask that Council not derail this work with
Iuuiuiec(’s saiy iegLuiatioul.
T’hanh you foi’ ‘y’Otir kind c )uSideration of our concerns.
Respectfully Siibniitted,
Veat O49
Dean H oag, Pres dent
www.nfbba.org
SavethePoudre.
org
-‘L—-..—-——-- Poudre
Itcrkq,t’r
June 29, 2012
To: Ken Sampley, Fort Collins Stormwater/Floodplain Department
From: Save the Poudre: Poudre Waterkeeper
RE: Comments on Proposed Fort Collins Floodplain Regulations
Hello Ken,
Save The Poudre writes to you to express our serious concern and lack of support for the
proposed floodplain regulations that are being pushed forward by the City and the Floodplain
Working Committee.
First, as we have stated many times, we are very concerned about the makeup of the
Committee. There were no citizens or organizations on the committee representing ratepayer’s
or taxpayer’s interests, and there was only one organization (Save The Poudre) representing
environmental interests. The City failed to put together a committee that represented a broad
swath of Fort Collins citizens, organizations, and concerns.
Second, the proposed regulations disregard negative impacts to the sensitive ecology of the
Cache Ia Poudre River and surrounding natural areas. For example, the proposed regulations:
• ignore the ecological function of the floodplain — the proposed regulations let every
parcel of privately owned land in the flood fringe be developed, and through a FEMA
process allow for the entire floodway to be developed. When these floodplain
parcels get developed, there will be little if any ecological function of the floodplain
occurring on these parcels.
• will likely cause negative impacts to the Cache Ia Poudre River. Filling in the flood
fringe without using the appropriate FEMA process can cause unnaturally erosive
stream velocities, excessive stream-bank impacts, excess sedimentation, and habitat
destruction for fish and other aquatic species in the river.
• will likely push flooding impacts on to publicly-owned natural areas causing
increased negative impacts to riparian and critical wetland habitats. These
properties were often purchased to protect the Poudre’s ecological corridor, not to
be sacrifice zones for negative impacts associated with nearby private property
development.
•
offer
no
mitigation
for impacts to
the
Cache
Ia
Poudre
River
or
to
publicly
owned
natural
areas.
When
the
flood
fringe
is
developed,
the developer
won’t
have
to
do
an
analysis
of
impacts
on
the
Poudre or
on
natural
areas,
nor
address
nor mitigate
those
impacts.
The City
has
failed
to
protect the
Poudre
River, its
aquatic
species,
its
riparian
habitat,
its
natural
areas,
and
its
floodplain
with
these
proposed
floodplain
regulations.
Third,
the
proposed
regulations
shift
the
expense
for
evacuation,
rescue,
and
clean
up
to
the
City
taxpayers.
By
letting
developers
build in
the
flood
fringe,
there
will
very
likely
be
financial
costs for
evacuation,
rescue,
and
clean
up
that
—
as
has
been
shown
in
past
floods
in Fort Collins
— will
be
paid
for
by Fort Collins
taxpayers.
If a
landowner
builds
in
the
floodplain,
the
regulations
should
consider
making
the
landowner
pay
for
evacuation,
rescue,
and
clean
up
costs.
The
City
has
failed
to
protect
taxpayers
with
these
proposed
floodplain
regulations.
Fourth,
the
proposal
being
put
forward
by
the
City
requires
a
large
expenditure
of
public
dollars
to take
the
North
College
area
out
of
the
floodplain
through
a
major
engineering
and
construction
project.
We
have
concerns
about
using
large
amounts
of
public
money
to
subsidize
the
profits
of
private
developers.
In
this
case,
we
will
carefully
scrutinize
that
project
to
make
sure
it
achieves
a
public
good
equal to
the
public
cost.
We
do
not
support
the
proposed
regulations
as
they were
written
at
the
final
Working
Committee
meeting.
We look
forward
to
continuing
to
review
future
drafts.
The
Poudre
River is
under
assault
by a
variety
of
threats
including
dams
and
resen,’oirs,
proposed
development,
diminished
flows,
fire
impacts,
and
water
quality
impairment
due to
pollution and
runoff.
These
proposed
floodplain
regulations increase
that
assault
unnecessarily.
Thank
you
for
considering our
comments.
We look
forward
to
a
response
to
our
comments.
Gary
Wockner,
PhD,
Director
Save
the
Poudre:
Poudre
Waterkeeper
P0
Box 20,
Fort
Collins, CO
80522
http://savethepoudre.org
970-218-8310
before
the
downtown
core
projects
would
be
completed.
There
are
multiple
sources
of
potential
funding
anticipated that
include
Natural
Areas,
Parks
Planning,
Utilities
(Stormwater),
Keep
Fort
Collins
Great
(KFCG),
Building
of
Basics
(BOB),
and
potential
grants.
Permitting
will
include
an
extensive
404
permit,
Conditional
Letter
of
Map
Revision,
Letter
of
Map
Revision,
water
supply
diversion permits,
etc.
The
general
consensus
of
the
Poudre
River
Floodplain
Regulations
Working
Committee
was
to
discontinue the development
of
a scalable
Adverse
Impact
Review
(AIR)
regulation
for
the
Poudre
River
in
consideration
of
the
future
construction
of
the
Poudre
River
Downtown
Core
Improvements,
the
realization
that
the
Link-N-Greens
area
will
develop
using
a
full
CLOMR/
LOMR
process,
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.
Contrary
to
that
indicated
in
your
letter,
it
is
our position
that
the
proposed
revisions
to
the
floodplain
regulations
provide
increased
life
safety
protection
while
preserving
the requirements
already
in
place
through
the
City’s
Land
Use
Code and
Poudre
River
Buffer.
Respectfully,
Kenneth
C.
Sampley,
P.E.
Stormwater
and
Floodplain
P
Manager
C:
Brian
Janonis,
Utilities
Executive
Director
Jon
Haukaas,
Water
Eng.
Field
Operations
Manager
Page
3
of
3
the
secondary
use
and
development
of
floodplains
while
at
the
same
time
protecting
natural
areas
required
to
convey
flood
flows
and
retain
flow
characteristics.
The
proposed
revisions
strengthen
the
life
safety
criteria
and
preserve
the
requirements already
in
place
through
the
City’s
Land
Use
Code
and Poudre
River
Buffer.
Your
statements
that
the
entire
Poudre
River
floodway
can
be
developed,
that
the
City
does
not
require
the
appropriate
FEMA
processes,
and
that
the
proposed
regulations
push
flooding
impacts
on
to
public-owned
natural
areas
are
incorrect.
3.
The
proposed
regulations
shift
the
expense
for
evacuation,
rescue
and
clean-up
to
City
taxpayers.
Chapter
10
of
City
Code
states
that
those
who
occupy
the
floodplain
assume
the
responsibility
for
their
actions.
Contrary
to
the
concern
stated,
and
to
specifically
reduce
the
need
for
rescue
and
relief
efforts,
the
proposed
revisions
to
the
floodplain
regulations
include
a
new
requirement
that
an
emergency
response
and
preparedness
plan
be
prepared
for
new construction,
redevelopment
of,
addition
to,
or
substantial
improvement
of
structures
within
the
Poudre
River
100-Year
Floodplain.
This
provision
will
dramatically
improve
life
safety
and
reduce
the
need
for
rescue
and
relief
efforts.
4.
Public
funding
for
the
proposed
Poudre
River
Downtown
Core
Improvements
project
(2013-14 Budgets)
is
subsidizing
the development
of
the
North
College
area.
The
offer
was developed
subsequent
to
the
results
of
the
Poudre
River
Hydraulic
Feasibility
Study funded
solely
by
Natural
Areas and
Parks
Planning.
The
goal
of
the
study
was
to
identify
potential
stream
restoration,
recreation,
and
habitat
enhancements
for
this
portion
of
the
Poudre
River.
Elimination
of
the
100-year
flood
overflow
of
North
College
and
subsequent
reduction
in
floodplain
and
potential
flooding
damage
was
a
surprise
co-benefit
of
the
reconstruction
of
the
Coy
diversion
and
boat
chute
east
of
North
College Avenue.
When
Stormwater
learned
about
the
study
and
the
potential
co
benef
its,
it
was determined
that
use
of
up
to
$450K
of
existing
funding
allocated
towards
acquisition
of
properties
in
the
floodplain
seemed
appropriate
to
better
identify
and
delineate
the 100-year
floodplain
boundary,
thereby
eliminating
the
potential
to
spend
funds
on
property
acquisition
that
will
no
longer
be
in
the
1
00-year
floodplain
after
construction
of
the improvements;
The
201
3-14
budget
package
(series
of
5
offers)
only
includes
planning
and design
costs
and
is
a
systematic
effort to
1)restore
and
rehabilitate 0.5
miles
of
the Poudre
River,
2)
support
the complex
effort
to provide
in-stream
flows,
3)
design
downtown
Poudre
River
core
recreation,
habitat
and
stormwater
improvements,
4)fund
a
portion
of
the
Natural
Area
Director’s
salary,
and
5)build
a
scientific
basis
for
understanding
Poudre
River
ecology
and
restoration
efforts.
The
costs
total
approximately
$750K
of
budget
requests
to
be
combined
with
$450K
of
existing
stormwater
funding
appropriations
and
other
existing
appropriations
in
Natural
Areas
and
Parks
Planning.
It
does
not
include
funding
for
construction.
Page
2
of
3
proposed
revisions
to
the
Poudre
River
Floodplain
Regulations
outlined
in
the
City
Code
of
the
City
of
Fort
Collins.
In
accordance
with
discussions
at
the
June
25,
2012
Working
Committee
meeting,
staffs
from
the
City
and
Poudre
Fire
Authority
(PEA)
were
tasked
with
developing
the
final
code
language
to
incorporate
proposed
revisions
to
the
Poudre
River
Floodplain
Regulations
into
the
City
Code
for
the
City
of
Fort
Collins.
The
following
responses
are
provided
to
address
the
concerns
outlined
in
your
letter:
1.
Working
Committee
—
Concern
that
members
did
not
represent
a
broad
range
of
Fort
Collins
citizens,
organizations and
concerns.
The
Public
Outreach
program
included
extensive
efforts
to
contact
and
involve
representatives
from
various
organizations
and
perspectives
through
public
meetings,
presentations
to citizen
groups,
City
Boards
and
Commissions, and
the
Working
Committee.
Stormwater
staff
invited
participation
from 8
Business
Organizations,
9
Environmental
groups,
3
Boards
(Planning
and
Zoning,
Water,
and
Natural
Resources
Advisory),
and
6
City
Departments.
Many
of
those
contacted
(especially
representing
Environmental
interests)
chose
not
to
actively
participate.
City
Council
provided
initial
suggestions
for Working
Committee Members
and meetings
were
open
to
all
interested
parties.
Members
included
representatives
from
Save
The
Poudre
(STP),
the
North Fort
Collins
Business
Association,
Board
of
Realtors,
Chamber
of
Commerce,
property
owners,
local
engineering
consultants
and
the Water
Board.
The
Working
Committee
was
supported
by
City
staff
from
Stormwater,
Natural
Areas,
Finance,
the
City
Attorney’s
Office
and
the
Poudre
Fire
Authority
(PFA).
Each
Committee Member
brought
a
unique
perspective
and
made
valuable
contributions
to
the development
of
the
proposed
revisions.
2.
Contention
that the
proposed
regulations
disregard
negative impacts
to
the sensitive
ecology
of
the
Poudre
River
and
surrounding
natural
areas
(ignore
beneficial
functions
of
Page
1
of3