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HomeMy WebLinkAbout048 - 03/26/2013 - AMENDING CHAPTER 10 OF THE CITY CODE RELATING TO DEVELOPMENT IN THE POUDRE RIVER FLOODPLAIN r ORDINANCE NO. 048, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO DEVELOPMENT IN THE POUDRE RIVER FLOODPLAIN WHEREAS, requirements and restrictions specific to development and related activities in the Poudre River floodplain are set forth in Division 4 of Article II of Chapter 10 of the Code of the City of Fort Collins; and WHEREAS, after thorough investigation; public outreach, and consideration of various options and approaches,City staff has identified certain changes to the existing provisions regarding the Poudre River floodplain in order to better address foreseeable flooding risks so as to improve life safety through advance warning and evacuation measures; and WHEREAS,staff presented the proposed revisions to the Natural Resources Advisory Board ("NRAB") at its regular meeting on February 20, 2013, and the NRAB discussed its prior recommendation that the City Council revise the floodplain regulations to not allow any new structures in the one-hundred-year floodplain of the Poudre River, but chose not to make a formal recommendation; and WHEREAS, staff presented the proposed revisions to the Water Board (the "Board") at its regular meeting on February 21, 2013, and the Board voted to recommend that the City Council approve the proposed revisions, while also recommending that the City Council consider revising the floodplain regulations to not allow any new structures in the one-hundred-year floodplain of the Poudre River; and WHEREAS,the City Council believes it would be in the best interests of the City to approve the changes so as to better protect life safety in the Poudre River floodplain. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 10-16 of the Code of the City of Fort Collins is hereby amended by the addition of the following new definitions; to read in their entirety as follows: Change of occupancy shall mean a change of occupancy as defined in Chapter 5, if such change of occupancy results in an increase in the number of occupants.. Dry public road shall mean a public street at the intersection of a proposed driveway or access road where the surface of the pavement is at an elevation above the base flood elevation. Emergency response and preparedness plan shall mean a plan, and related preparations and systems, that are intended to provide both a reasonable measure of preparedness for flooding and other emergencies that may occur in conjunction with flooding,and a reasonable ability to respond to such circumstances so as to avoid and minimize potential harm to persons or property, as described in §10-48. Evacuation shall mean emergency egress to allow safe passage from a structure to dry ground in the regulatory flood event. Shelter-in-place shall mean onsite provision of refuge from floodwaters and related hazards to allow continued occupation of a structure in the event that circumstances preclude safe evacuation in the regulatory flood event or more frequent flood events. Section 2. That Section 10-27(c) of the Code of the City of Fort Collins is hereby amended to read as follows: See. 10-27. Floodplain use permit. (c) The following information is also required for a floodplain use permit: (4) Specifications for building construction and materials, filling, dredging, grading, channel improvements and changes, storage of materials, water supply and sanitary facilities; (5) Detailed information documenting compliance with any specific requirements applicable to the proposed development or activity pursuant to this Article; and (6) An emergency response and preparedness plan, if required pursuant to this Article,provided,however,that this requirement shall be considered a floodplain use permit condition to be met prior to issuance of a certificate of occupancy, pursuant to §10-27(g). Section 3. That Section 10-27(e)(6) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-27. Floodplain use permit. (e) When reviewing the application for a floodplain use permit, the Utilities Executive Director shall determine which portions of any flood hazard areas are affected by the particular development request and then shall apply the provisions of this Article as applicable. The Utilities Executive Director also shall determine -2- whether the proposed construction or development is consistent with the need to minimize flood damage and meets the intent of this Article after considering the following factors: (6) Whether the proposed use is for human occupancy, and, if so, the impacts to human safety and the extent to which emergency response and preparedness and other measures are required and have been assured in order to reduce safety risk; Section 4. That Section 10-27(g) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-27. Floodplain use permit. (g) If the Utilities Executive Director determines that the application meets the purposes and requirements of this Article, he or she shall issue the permit and may attach such conditions as he or she deems necessary to further the purposes of this Article or to ensure compliance with the same. The Utilities Executive Director may request that the City building official condition the release of a certificate of occupancy or other final approval upon submission of final documentation of compliance with conditions, as appropriate. Section 5. That a new Section 10-48 of the Code of the City of Fort Collins is hereby added, to read in its entirety as follows: Sec. 10-48. Emergency planning and preparedness. For any structure or portion of structure required under this Article to submit an emergency response and preparedness plan, the following emergency planning and preparedness requirements shall apply: (1) An emergency response and preparedness plan shall include the following, together with such additional provisions as may be appropriate in light of the particular circumstances associated with the structure or activity to which the plan applies: a. A flood risk assessment that, at a minimum, includes: _3_ 1. The source, flood frequency, expected duration, timing, and depth of flood impacts that impact the structure, its occupants or activity in the structure; 2. The expected impact on activities and operations; 3. Identification of persons potentially impacted; and 4. The impact of flooding on evacuation routes and emergency vehicle access to the site. b. A description of the method of receipt of flood warning; C. Identification and assignment of personnel to implement the plan; d. Procedures for notification of employees, customers, and other building occupants, including: I. Contact information; 2. Redundant methods of notification; 3. Safeguards to ensure all employees received the notification; and 4. General content of the notices to be provided; e. A description of procedures for both evacuation and shelter-in-place of building occupants, including: I. Method and responsibility for determination of appropriate response,with evacuation generally considered the primary response, and shelter-in-place is considered a secondary response; 2. Description of evacuation process, including: a) Timing of opportunity to evacuate requiring a minimum of two (2) hours of lead-time from when flood waters would impact the site or any portion of the designated evacuation routes; b) Map and directions with evacuation routes including, but not limited to, exits from occupied structures and from occupied structures to a dry public road, specifically identifying any approved fire apparatus access roads or other emergency access routes; c) Mode of evacuation — walking, car, and/or provided transportation; and d) Alternative routes for evacuation when preferred routes are washed out or otherwise impassable; 3. A description of the shelter-in-place, including: a) Description of safe on-site areas for shelter-in-place occupation; b) Development and maintenance of emergency preparedness kit containing supplies for three days including such items as food, water, blankets, flashlights, National -4- Oceanographic and Atmospheric Administration weather radios, batteries; and c) A communication plan for informing emergency contacts of those sheltered-in-place; f. Procedures for protecting the building from damage or hazardous conditions, including: 1. Plan for shut down of utilities and equipment; 2. Relocation of computers, documents, or other important resources or materials to higher areas; and 3. Required or other appropriate floodproofing measures; g. A process for distribution and posting of plan and evacuation routes and shelter-in-place instructions; h. A description of mandatory training and practice drills, including: 1. Procedures for training all employees, including future new employees; 2. Annual practice drills implementing the plan during the first three months of each calendar year; and 3. Documentation of practice drills and identified areas for improvement; i. A description of post-flood recovery measures, including: 1. Procedures for notification to employees and, if applicable, the public, of when it is safe to return; and 2. Site clean-up procedures; and j. Designation of a person responsible for operation of the occupied facility for which the plan is required,who shall be responsible to the City for completion of the specific requirements set forth in this §10-48. (2) Documentation of any required emergency response and preparedness plan and of practice drills and related process improvements shall be maintained on file and shall be available at the facility to which the plan pertains for inspection by the Utilities Executive Director upon request. (3) The person designated as responsible for any required emergency response and preparedness plan under Subsection 10-48(1)(j) shall review the plan during the first quarter of each calendar year, and shall submit documentation of each annual review to the Utilities Executive Director on a form satisfactory to the Utilities Executive Director during the first quarter of each calendar year. (4) Notwithstanding the foregoing, the requirements of this Section shall not apply for any structure or portion of structure for which FEMA has approved a -5- Conditional LOMR providing for a LOMR or Physical Map Revision pursuant to §10-80(a)(1) that: a. removes such structure or portion of structure from the one-hundred- year floodplain; and b. provides at least one (1) designated dryland access and evacuation route upon construction of the proposed improvements. Section 6. That Section 10-71 of the Code of the City of Fort Collins is hereby amended to add a new subsection (10), to read as follows: Sec. 10-71. Specific standards for development in Poudre River floodway. (10) Emergency planning and preparedness. New construction, addition to, or cumulative substantial improvement,redevelopment or change of occupancy of,any nonresidential or mixed-use structure subject to this Section,other than an accessory structure,shall be subject to the emergency planning and preparedness requirements of§10-48. Section 7. That Section 10-76 of the Code of the City of Fort Collins is hereby amended to add a new subsection (9), to read as follows: Sec. 10-76. Specific standards for nonresidential development in Poudre River flood fringe. (9) Emergency planning and preparedness. New construction, addition to, or cumulative substantial improvement,redevelopment or change of occupancy of,any structure subject to this Section,other than an accessory structure, shall be subject to the emergency planning and preparedness requirements of§10-48. Section 8. That Section 10-77 of the Code of the City of Fort Collins is hereby amended to add a new subsection (8), to read as follows: Sec. 10-77. Specific standards for mixed-use development in Poudre River flood fringe. (8) Emergency planning and preparedness. New construction, addition to, or cumulative substantial improvement,redevelopment or change of occupancy of,any -6- structure subject to this Section,other than an accessory structure, shall be subject to the emergency planning and preparedness requirements of§10-48. Section 9. That this Ordinance shall become effective on July 1, 2013. Introduced, considered favorably on first reading, and ordered published this 18th day of March; A.D. 2013, and to 'be presented for final passage on the 26th day of March, A.D. 2013. �y OF FORT yor J [� ATTEST: V�'• NCO •.r- City Clerk OIORgpO ' Passed and adopted on final reading on the 26th day of March, A.D. 2013. Mayor ATTEST: .,1TY OFA • O City Clerk �� •••;PA 0 . : off., -7-