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HomeMy WebLinkAbout121 - 09/04/2001 - AMENDING CITY CODE TO REFLECT THE ADOPTION OF A NEW MASTER DRAINAGE PLAN FOR THE CANAL IMPORTATION B ORDINANCE NO. 121, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 10 AND CHAPTER 26 OF THE CITY CODE TO REFLECT THE ADOPTION OF A NEW MASTER DRAINAGE PLAN FOR THE CANAL IMPORTATION BASIN AND CLARIFYING THE APPLICATION OF THE PROVISIONS OF CHAPTER 10 TO FLOODPLAINS IN THE CITY WHEREAS, Section 26-543(a)(8) of the Code of the City of Fort Collins adopts by reference, and declares as a part of the City Code, a master drainage plan for the area now known as the Canal Importation Basin, (the "Basin") which plan is entitled "Diversion of Stormwater Runoff through Irrigation Canals from Mulberry Street to Spring Creek", prepared by Resource Consultants, Inc., dated July 1980 (the 111980 Plan"); and WHEREAS, City staff has developed an updated master drainage plan for the Canal Importation Basin, entitled the "Canal Importation Master Drainage Plan", prepared by Anderson Consulting Engineers, Inc., dated April 2001 (the "Updated Plan"),which Updated Plan is on file in the office of the City Clerk and available for public inspection; and WHEREAS,the Updated Plan has been reviewed by the City' s Water Board, Golf Board, Parks and Recreation Board,Natural Resources Advisory Board, and Planning and Zoning Board, and comments received from these boards have been considered in the final preparation of the Updated Plan; and WHEREAS, staff presented the Updated Plan to the City Council for review at its study session of May 22, 2001, and received direction to present the Updated Plan to the Council for its consideration at a regular meeting of the Council; and WHEREAS the Updated Plan identifies significant potential flooding damage in the Basin that could occur due to undersized or non-existent drainage channels,overtopping irrigation canals and detention ponds, flooding streets and intersections, and many structures in the 100-year floodplain; and WHEREAS, the improvements recommended in the Updated Plan would provide flood protection at the 100-year level for the maj ority of the Basin and reduce the incidence of overtopping and flooding of major streets and irrigation canals; and WHEREAS, to the extent possible, the improvements recommended in the Updated Plan enhance and expand wetlands and natural habitat areas to improve the quality of storm runoff, and WHEREAS,the overall benefits of the Updated Plan outweigh the cost ofthe improvements; and WHEREAS, the amendment of City Code Section 26-543(a)(8) so as to provide a current reference to the Updated Plan instead of the 1980 Plan will assist the public in identifying the appropriate plan associated with the Canal Importation Basin; and WHEREAS, the 1980 Plan did not delineate a floodplain in the Basin, while the Updated Plan does delineate such a floodplain; and WHEREAS, on March 16, 1999,the City Council adopted Ordinance No. 42, 1999, which approved certain new storm drainage design criteria(the"New Rainfall Standards")that revised the City's standards for determining the amount of rainfall that would result in a 100-year or "base" flood; and WHEREAS, the adoption of the New Rainfall Standards has resulted in the expansion of certain previously established floodplains; and WHEREAS,the City Code currently requires that the General Manager of the Utilities (the "Director") apply the requirements of Chapter 10 Article II of the City Code, dealing with flood hazard areas, in any area known to the Director to have experienced flooding in the past during a base flood or to have the potential for flooding during a base flood, regardless of whether a floodplain study, report or other designation has occurred; and WHEREAS, as a consequence of the foregoing City Code requirement, the Director began applying all of the requirements of Chapter 10,Article II to the floodplains identified in the Updated Plan and to the additional areas outside of established floodplains that have been identified, based upon the New Rainfall Standards, as being subject to possible flooding; and WHEREAS,the City Council is in the process of considering the proper application of the flood prevention and protection requirements of Chapter 10,Article II of the City Code to the Basin and to other areas of the City that have been recently identified as being subject to potential flooding because of the application of the New Rainfall Standards; and WHEREAS, all of the floodplains identified in Section 10-19 will be periodically updated based on new policy and or design criteria,such as the New Rainfall Standards,and such floodplains will be larger than those adopted in the previous studies; and WHEREAS, the City Council wishes to amend Chapter 10, Article II to limit the extent to which the Updated Plan will affect the redevelopment of property within the Basin,and the extent to which the expansion of floodplains resulting from the application of the New Rainfall Standards or other changes in policy will affect the development and redevelopment of properties in all of the expanded floodplains; and WHEREAS,any such relaxation of floodplain restrictions in such areas should be temporary in nature, pending further comprehensive review of the floodplain regulations, the physical characteristics of the newly identified areas, and public outreach to parties that would be affected by the application of the floodplain regulations in such areas, in order to determine the most appropriate regulations to be applied to the same on a long term basis; and WHEREAS, for the foregoing reasons, the City Council wishes to amend Chapters 10 and 26 of the City Code as set forth herein, in order to: (1) reflect the approval of the Updated Plan as the master plan for the Canal Importation Basin, (2) provide for the initial application of the requirements of Chapter 10 to certain activities in that Basin and to other basins where technical analysis based on new policy or new design criteria has been completed which expands the floodplain;and(3)clarify the basis for delineation of floodplains currently subject to the provisions of this Article. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 10-19 of the Code of the City of Fort Collins is hereby amended so as to read in its entirety as follows: Sec. 10-19. Floodplain designation. (a) The Flood Insurance Study dated January 1979, including any revisions or amendments thereto, completed for the city by the Federal Emergency Management Agency("FEMA")for the purpose of identifying floodplain areas,with accompanying Flood Insurance Rate Map and Flood Boundary-Floodway Map, is hereby adopted by reference and declared to be a part of this Article. The Flood Insurance Study is on file in the office of the City Clerk. (b) The additional floodplain studies or reports listed in this subsection are hereby declared to be part of this Article, and any differences in floodplain delineation between such additional studies or reports and the Flood Insurance Rate Map shall be resolved by applying those provisions which result in a broader floodplain delineation. To the extent that additional technical analysis results in the refinement of the floodplain delineations contained in the plans listed below, or to the extent that the completion of a capital improvement project results in a modification of any such floodplain,the Director shall,pursuant to his or her duties as set forth in §10-36(9), document the associated change in the floodplain delineation,which modified floodplain delineation shall be the controlling floodplain delineation for the purpose of this Article. A copy of the studies or reports shall be on file in the office of the City Clerk. Documentation of any modification of a floodplain delineation pursuant to this subsection shall be on file in the permanent records of the Office of Utility Services. (1) McClellands and Mail Creek Major Drainageway Plan, prepared by Cornell Consulting Company and John S. Griffith, P.E., dated December 1980; (2) Foothills Drainage Basin Drainage Master Plan, prepared by Resource Consultants, Inc., dated February 1981; (3) Dry Creek Drainageway Planning,prepared by Gingery Associates, Inc., dated January 1980; (4) West Vine Drainage Basin Major Drainageway Plan, prepared by Engineering Professionals, Inc., dated December 1980; (5) Spring Creek Master Drainageway Plan, prepared by Engineering Professionals, Inc., dated March, 1988; (6) Fossil Creek Drainage Basin Master Drainageway Planning Study, prepared by Simons, Li and Associates, Inc., dated August 1982; (7) Old Town Master Drainage Basin Plan, prepared by Resource Consultants & Engineers, Inc., dated January 7, 1993; and (8) Canal Importation Master Drainage Plan, prepared by Anderson Consulting Engineers, Inc., dated April 2001. Section 2. That Section 10-20 of the Code of the City of Fort Collins is hereby amended so as to read in its entirety as follows: Sec. 10-20. Application to certain lands. (a) Except as provided in subsection (b) of this Section, the provisions of this Article shall apply to all floodplains within the jurisdiction of the city. (b) Only the prohibition against the construction of critical facilities set forth in §10-53(4) and the prohibition against the storage of hazardous materials set forth in §10- 53(5) shall apply to any and all development and redevelopment of property that occurs within the floodplains that are delineated in the Canal Importation Master Drainage Plan prepared by Anderson Consulting Engineers,Inc.,dated April 2001. Such prohibitions shall also apply to any and all development and redevelopment that occurs outside of FEMA's flood insurance study as referred to in §10-19(a) and outside of any area mapped as part of any city designated floodplain established pursuant§10-19(b),but within an area determined, by technical analysis using policies or design criteria approved by the City Council,to have the potential for flooding during a base flood. However,all of the provisions of this Article shall apply to any new development in the areas referenced in this subsection for which an overall development plan,project development plan,or final plan is required under the city's Land Use Code and has not been approved prior to September 14,2001,if such development or redevelopment results in: (i) the platting or subdivision of land; or (ii) the construction or placement of any new building on a lot other than as an accessory or addition to an existing building. (c) If lands located outside the city limits are included within the floodplain, the flood fringe or the floodway, the requirements of this Article shall apply to such lands upon annexation. Section 3. That Section 10-36(10)of the Code of the City of Fort Collins is hereby deleted. Sec. 10-36. Administrator's powers and duties. The duties and responsibilities of the Director,as defined in§10-16,shall include but are not limited to: Section 4. That Section 26-543(a)(8) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-543. Master drainage plans. (a) Master drainage plans are hereby adopted by reference and declared to be a part of this Article for the following stormwater basins of the city: (8) Canal Importation Master Drainage Plan, prepared by Anderson Consulting Engineers, Inc., dated April 2001. Section 5. The City Manager is hereby directed to conduct a comprehensive review of: the floodplain regulations and their application to existing and expanded floodplains, as well as a review of the physical characteristics of those floodplains, and to conduct outreach to parties that would be affected by the application of the floodplain regulations in identified floodplain areas, in order to determine the most appropriate regulations to be applied to the same on a long term basis, and to report back to the City Council no later than September 30, 2002, with a report and recommendation regarding any further amendments to the provisions of this Article that may be in the public interest. Introduced and considered favorably on first reading and ordered published this 21 st day of August, A.D. 2001, and to be presented for final passage on the 4th day of September,A.D. 2001. Mayor a ATTEST: U 1% City Clerk Passed and adopted on final reading this 4th day of September, A.D. 2001. 3, Mayor ATTEST: City Clerk