HomeMy WebLinkAbout119 - 09/03/2002 - AMENDING THE CITY CODE CONCERNING FLOATABLE MATERIALS IN THE POUDRE RIVER FLOODPLAIN ORDINANCE NO. 11% 2002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 10 OF THE CITY CODE CONCERNING
FLOATABLE MATERIALS IN THE POUDRE RIVER FLOODPLAIN
WHEREAS,in July of 1997,the City of Fort Collins experienced a greater than five-hundred
year flood; and
WHEREAS, as a result of the flood, concerns were raised about the adequacy of the City's
existing floodplain regulations; and
WHEREAS, the City initiated a study to review its floodplain regulations as applied to its
stormwater basins,beginning with the Poudre River Floodplain; and
WHEREAS,after the completion of the Poudre River Floodplain Study and various outreach
and policy development efforts,City staff proposed new floodplain regulations for the Poudre River
Floodplain to the City Council, which regulations were enacted in June 2000 by the Council with
its adoption of Ordinance No. 71, 2000; and
WHEREAS, among the requirements established pursuant to Ordinance No. 71,2000,was
a prohibition on the storage of any floatable material on nonresidential property located in the Poudre
River Basin located in the floodplain, floodway or product corridor; and
WHEREAS,pursuant to Ordinance No.71,2000,nonresidential property on which floatable
materials had been stored prior to July 1, 2000, were allowed to continue to store those materials
until the earlier of July 1, 2002, a change in use on the property, or construction of a new structure
or addition or substantial improvement of any structure on such property; and
WHEREAS,since the adoption of Ordinance No. 71,2000, staff has monitored the impacts
and effects of the requirements imposed, and based on this information, has reevaluated the
prohibition on floatable materials and in order to reduce the burdens on existing businesses in the
Poudre River Basin,has recommended the modification of the same to eliminate the July 1, 2002,
deadline for compliance on all affected nonresidential properties, and to add a clarification that a
substantial change in the quantity,type, or character of floatable materials on an affected property
which causes an increased risk of flood damage also triggers the obligation to comply; and
WHEREAS, the Water Board considered staff s recommendation at its regular meeting of
March 28,2002, and recommended that the date for compliance be set back to July 1,2005,rather
than eliminated, and further recommended the addition of language clarifying that a substantial
change in the quantity,type,or character of floatable materials on an affected property which causes
an increased risk of flood damage triggers the obligation to comply; and
WHEREAS,based on its review and evaluation of the recommendations before it,the City
Council has determined to eliminate from the City Code the required July 1, 2002, date for
compliance for nonresidential properties on which floatable materials were located prior to July 1,
2000, and to add language clarifying that a substantial change in the quantity,type, or character of
floatable materials on an affected property which causes an increased risk of flood damage triggers
the obligation to comply.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 10-61(6) of the Code of the City of Fort Collins is hereby amended to read
as follows:
(6) Floatable materials. No person shall temporarily or permanently store any
floatable material on nonresidential property that is located in the floodplain,
floodway or product corridor; provided, however, that nonresidential
properties in the floodplain, floodway or product corridor having floatable
materials stored on them prior to July 1,2000, shall be permitted to continue
to have floatable materials stored on them until any of the following events
occur: any change in use of the property; a substantial change in the
quantity, type, or character of floatable materials on the property which
causes an increased risk of flood damage;construction of a new structure on
the property; or any addition to or substantial improvement of any existing
structure on the property. This paragraph (6) shall not, however, apply to
operable motor vehicles parked temporarily on property for the purpose of
customer or employee parking, or to a business's temporary outdoor display
of inventory during its usual hours of operation.
Introduced and considered favorably on first reading and ordered published this 20th day of
August, A.D. 2002, and to be presented for final passage on the 3rd day of September,A.D. 2002.
MayorD
A 'TEST:
City Clerk
Passed and adopted on final reading this 3rd day of September, A.D. 2002.
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Ma or
A;kTEST.
City Clerk