HomeMy WebLinkAbout162 - 11/19/2013 - AMENDING CHAPTER 10 OF THE CITY CODE REGARDING FLOOD HAZARD AREAS TO REVISE CERTAIN REQUIREMENTS- 1 -
ORDINANCE NO. 162, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF FORT COLLINS
REGARDING FLOOD HAZARD AREAS TO
REVISE CERTAIN REQUIREMENTS
WHEREAS, requirements and restrictions specific to development and related activities
in the flood hazard areas in the city are set forth in Article II of Chapter 10 of the Code of the
City of Fort Collins (the “City Code”); and
WHEREAS, the City’s regulation of flood hazard areas is subject to the requirements of
the Federal Emergency Management Agency (“FEMA”) and the Colorado Water Conservation
Board (“CWCB”), which each promulgate and enforce their own related regulations; and
WHEREAS, in its implementation and enforcement of the City Code, City floodplain
staff has identified certain revisions that would refine the requirements applicable to certain
activities in flood hazard areas to address certain policy concerns; and
WHEREAS, the City’s current requirements for floodway mapping are stricter than
required by FEMA, and go beyond the minimum necessary to prevent harmful impacts from
development in the floodway that will reduce, rather than increase, flood elevations; and
WHEREAS, pursuant to FEMA regulations, properties may be removed from a regulated
floodplain by the addition of fill, upon issuance by FEMA of a Letter of Map Revision - Fill
(“LOMR-Fill”); and
WHEREAS, the City Council has determined that the City Code should be amended to
impose certain requirements in areas for which a LOMR-Fill has been issued, so as to extend the
emergency planning and preparedness requirements enacted earlier this year to LOMR-Fill areas
in the Poudre River floodplain; and
WHEREAS, the City Council has further determined that the City Code should be
amended to impose requirements and limitations that the City imposes on new LOMR-Fill areas
to new development in areas for which a LOMR-Fill was previously issued; excluding LOMR-
Fill areas that were annexed to the city before January 2014; and
WHEREAS, the City Council considered these proposed revisions to the City Code,
together with other related revisions, at its work session on September 24, 2013; and
WHEREAS, the City Council believes it would be in the best interests of the City to
approve the revisions set forth herein, in order to revise existing provisions in the City Code
regarding activities in flood hazard areas.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
- 2 -
Section 1. That Section 10-45(2) of the Code of the City of Fort Collins is hereby
amended to read as follows:
…
(2) Map revisions.
a. Conditional map revisions. A Conditional Letter of Map Revision must be approved
by FEMA, or, for a City basin floodplain, a preliminary map revision must be approved
by the Utilities Executive Director, prior to issuance of a floodplain permit or initiation
of construction or permitted activities for any proposed development or activity in the
floodway that:
1. results in any of the following:
(a) an increase in base flood elevation of more than 0.00 feet,
(b) a decrease in base flood elevation of more than 0.30 feet,
(c). a change in watercourse location,
(d) the addition of new area within the floodway, or
(e) a physical change to the hydrology of the floodway or hydraulic conveyance
with the floodway; or
2. requires any of the following in order to meet the requirements for a floodplain use
permit:
(a) technical analysis to correct existing map errors,
(b) technical analysis that incorporates improved technical data, or
(c) technical analysis that applies improved or alternative hydrologic or hydraulic
methodologies.
b. Final map revisions. Upon completion of development or other activities for any
development or activity in the floodway that results in a change to base flood elevations,
floodway or flood fringe boundaries, regardless of whether a Conditional Letter of Map
Revision has been required pursuant to Subparagraph (2)a. above, a Letter of Map Revision
or Physical Map Revision must be approved by FEMA, or, for a City basin floodplain, a final
map revision must be approved by the Utilities Executive Director, prior to issuance of a
certificate of occupancy, or, in the event no certificate of occupancy is required, upon
completion of the improvements.
Section 2. That Section 10-80 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 10-80. Removal of property from Poudre River flood fringe.
- 3 -
(a) LOMR/PMR. Property located in the flood fringe of the Poudre River shall be considered
removed from the flood fringe, if
a FEMA Letter of Map Revision (LOMR) or Physical Map Revision (PMR) removing
the property from the flood fringe based on revised floodplain modeling and technical
analysis has been issued by FEMA and remains in effect. Any property removed from
the flood fringe pursuant to this Subsection (a) that remains in the five-hundred-year
floodplain shall be subject to all requirements and prohibitions of this Article pertaining
to the five-hundred-year floodplain.
(b) LOMR-F. Property located in the flood fringe of the Poudre River shall be considered
removed from the flood fringe if a FEMA Letter of Map Revision based on Fill (LOMR-F)
removing the property from the flood fringe based on fill has been issued by FEMA and remains
in effect.
(1) LOMR-F Review and Approval. The Utilities Executive Director shall review
any application for a LOMR-F removing property from the flood fringe, and the
following conditions shall apply to any LOMR-F certified by the City as reasonably safe
from flooding:
a. A floodplain use permit shall be obtained for any development in a LOMR-F area.
b. Construction of any new residential or mixed-use structure is prohibited.
c. Any addition to a residential or mixed-use structure is prohibited, except that an
addition to a mixed-use structure that results in expansion of only nonresidential floors
of said structure is allowed.
d. Any new structure, accessory structure, attached garage or addition, substantial
improvement or redevelopment must meet all requirements applicable to construction
in the Poudre River flood fringe, including, but not limited to, the requirements of
§ 10-37, except that:
1. For nonresidential structures and mixed-use structures with all residential
use on a floor completely above the regulatory flood protection elevation,
compliance with the requirements of § 10-38 may be substituted for
compliance with the applicable requirements of Subsection 10-37(b).
e. Critical facilities and expansions of critical facilities are prohibited.
f. Manufactured homes and mobile buildings other than a nonconforming
manufactured home or mobile building are prohibited, except that:
1. A manufactured home or mobile building may be replaced, provided that
the replacement manufactured home or mobile building complies with all
requirements applicable to manufactured homes or mobile buildings in the
Poudre River flood fringe, including, but not limited to, the requirements of §
10-41.
- 4 -
2. Manufactured home parks and mobile building developments, other than
nonconforming manufactured mobile home parks and mobile building
developments are prohibited.
3. Expansion of a manufactured home park or a mobile building
development is prohibited.
g. The emergency planning and preparedness requirements of § 10-48 must be met
for any new construction, addition to or cumulative substantial improvement,
redevelopment or change of occupancy of any structure in the LOMR-F area.
(2) Unconditional or Annexed LOMR-F Approvals. For any development in an area
removed from the flood fringe through a LOMR-F that did not include the conditions
described in Subsection (b)(1), or that was approved prior to annexation to the city, the
development must meet all requirements of Subsection (b)(1) in addition to meeting all
conditions of the LOMR-F approval, except that, for properties annexed to the city prior
to January 1, 2014, only the following shall apply:
a. The development must meet all conditions of the LOMR-F approval; and
b. For any new structure, accessory structure, attached garage or addition,
substantial improvement or redevelopment, the development must meet the
requirements of § 10-37, except that:
1. The applicable flood protection elevation required shall be twelve (12)
inches above the base flood elevation, regardless of the elevation level stated in
§ 10-37; and
2. For nonresidential structures and mixed-use structures with all residential
use on a floor completely above the regulatory flood protection elevation,
compliance with the requirements of § 10-38 may be substituted for
compliance with the elevation requirement in Subsection (b)(2)(b)(1).
(3) Five-Hundred Year Floodplain Requirements Applicable. Any property
considered removed from the flood fringe pursuant to this Subsection (b) that remains in
the five-hundred-year floodplain shall be subject to all requirements and prohibitions of
this Article pertaining to the five-hundred-year floodplain.
Section 3. That Section 10-113 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 10-113. Removal of property from FEMA Basin flood fringe.
(a) LOMR/PMR. Property located in the flood fringe of a FEMA basin floodplain shall be
considered removed from the flood fringe if a FEMA Letter of Map Revision (LOMR) or
Physical Map Revision (PMR) removing the property from the flood fringe based on revised
floodplain modeling and technical analysis has been issued by FEMA and remains in effect.
- 5 -
(b) LOMR-F. Property located in the flood fringe of a FEMA basin floodplain shall be
considered removed from the flood fringe if a FEMA Letter of Map Revision based on Fill
(LOMR-F) removing the property from the flood fringe has been issued by FEMA and remains
in effect.
(1) LOMR-F Review and Approval. The Utilities Executive Director shall reviewany
application for a LOMR-F removing property from the flood fringe based on fill, and the
following conditions shall apply to any LOMR-F certified by the City as reasonably safe
from flooding:
a. A floodplain use permit shall be obtained for any development in a LOMR-F area.
b. Any new structure, accessory structure, attached garage, or addition, substantial
improvement or redevelopment must meet all applicable requirements, including, but
not limited to, the requirements of § 10-37, except that:
1. For nonresidential structures and mixed-use structures with all residential
use on a floor completely above the regulatory flood protection elevation,
compliance with the requirements of § 10-38 may be substituted for compliance
with the applicable requirements of Subsection 10-37(b).
c. Critical facilities and expansions of critical facilities are prohibited.
d. Manufactured homes and mobile buildings other than a nonconforming
manufactured home or mobile building are prohibited, except that:
1. A manufactured home or mobile building may be replaced, provided that
the replacement manufactured home or mobile building complies with all
applicable requirements, including, but not limited to, the requirements of § 10-41.
2. Manufactured home parks and mobile building developments, other than
nonconforming manufactured home parks and mobile building developments, are
prohibited.
3. Expansion of a manufactured home park or a mobile building
development is prohibited.
(2) Unconditional or Annexed LOMR-F Approvals. For any development in an area
removed from the flood fringe through a LOMR-F that did not include the conditions
described in Subsection (b)(1), or that was approved prior to annexation to the city, the
development must meet all requirements of Subsection (b)(1) in addition to meeting all
conditions of the LOMR-F approval, except that, for properties annexed to the city prior
to January 1, 2014, only the following shall apply:
c. The development must meet all conditions of the LOMR-F approval; and