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HomeMy WebLinkAboutZOA-08-01CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER BERRY Council Bill 06-2008 Ordinance No. 1411 Series of 2008 TITLE: AN ORDINANCE AMENDING SECTION 26-803 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO FLOODPLAIN CONTROL WHEREAS, the City of Wheat Ridge has previously adopted Article VIII of Chapter 26 of the Code of Laws pertaining to floodplain control; WHEREAS, amendment of the description of the Flood Regulatory District is needed to reflect current information; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Subsection G of Section 26-803 of the Wheat Ridge Code of Laws is amended to read as follows: G. Official maps and engineering reports. The location and boundaries of the Flood Regulatory District shall be as identified by the Federal Emergency Management Agency in "The Flood Insurance Study for Jefferson County, Colorado", dated June 17, 2003, and any amendments or revisions thereto are hereby adopted by reference and declared to be a part of this Article. The location and boundaries of the Floodway and Flood Storage Districts shall be as shown in the following engineering reports and accompanying maps: 1. Flood Insurance Rate Map (FIRM) panels dated June 17, 2003 for portions of the City of Wheat Ridge. 2. Clear Creek: Flood Hazard Area Delineation of Clear Creek by Icon Engineering For the Urban Drainage and Flood Control District, April, 2007. 3, Lena Gulch: Flood Hazard Area Delineation Lena Gulch (Lower) by George K Cotton Consulting for the Urban Drainage and Flood Control District, October, 2007. The flood insurance rate map and the above-mentioned engineering reports constitute the current flood insurance study for the City of Wheat Ridge and are hereby adopted by the above reference and declared to be part of these regulations. The flood insurance rate map and the above- mentioned engineering reports, which constitute the flood insurance study are on file at the Wheat Ridge Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado, Section 2. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 5. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 25a' day of February 2008, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for Monday. March 24, 2008, 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29`5 Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to o , this 24th day of March 2008. SIGNED by the Mayor on this 25th day of March , 2008. J DiTULL O, MAYOR ATTEST: Michael Snow, City Clerk TO FORM BY CITY ATTORNEY ATTORNEY 1sT publication: February 28, 2008 2nd publication: march 27, 2008 Wheat Ridge Transcript Effective Date: April 11, 2008 CITY COUNCIL MINUTES: MARCH 24, 2008 Page - 9 Item 3. COUNCIL BILL 05-2008 - SECOND READING OF AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO EXPAND USE OF THE ADMINISTRATIVE ENFORCEMENT PROCEDURES AND TO AUTHORIZE CERTAIN CITY EMPLOYEES TO ENFORCE THE SAME. Council Bill 05-2008 was introduced on second reading by Mrs. Langworthy who read the Executive Summary. City Clerk Michael Snow assigned Ordinance No. 1410. Mayor DiTullio opened the Public Hearing. Claudia Worth spoke to Council regarding citizens who are getting violations by means of people climbing on and peering over people's backyard fences. Mrs. Worth asked whether this Ordinance gives all city employees the ability to issue violations. In answering Mrs. Worth's questions, Mr. Johnstone pointed out that the existing code already gives code violation issuance powers to whomever the City deems the duty of code enforcement. Mr. Johnstone further explained that the ordinance makes it possible for the administrative hearing process to be applied to more sections of the code than the Administrative Model Process does today. Mayor DiTullio closed the Public Hearing. Motion by Mrs. Langworthy to approve Council Bill No. 05-2008, Ordinance 1410, on second reading and that it take effect 15 days after final publication; seconded by Mr. Womble; carried 8-0. Item 4. COUNCIL BILL 06-2008 - SECOND READING OF AN ORDINANCE AMENDING SECTION 26-803 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO FLOODPLAIN CONTROL. Council Bill 06-2008 was introduced on second reading by Ms. Berry who read the Executive Summary. City Clerk Michael Snow assigned Ordinance No. 1411. Mark Weisberg provided the Staff Summary. Mayor DITulli0 opened the Public Hearing. No citizens were present to speak on this Item. Mr. Johnstone informed Council that the Planning Commission did hear the item at their last public hearing. CITY COUNCIL MINUTES: MARCH 24, 2008 Page - 10 Mayor DiTullio closed the Public Hearing. Motion by Ms. Berry to approve Council Bill No. 06-2008, Ordinance 1411, on second reading and that it take effect 15 days after final publication; seconded by Mrs. Adams; carried 8-0. DECISIONS. RESOLUTIONS. AND MOTIONS Item 5. RESOLUTION 17-2008 - A RESOLUTION APPROVING A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $150,000 FROM THE FISCAL YEAR 2008 GENERAL FUND UNDESIGNATED RESERVES FOR THE PURPOSES OF PURCHASING THE PROPERTY LOCATED AT 3388 SWADLEY STREET IN THE AMOUNT NOT-TO-EXCEED $300,000. Resolution 17-2008 was introduced by.Mrs. Adams, who read the Executive Summary. Motion by Mrs. Adams to approve Resolution 17-2008 - A Resolution Approving a Supplemental Budget Appropriation in the amount of $150,000 from the Fiscal Year 2008 General Fund Undesignated Reserves for the Purposes of Purchasing the Property Located at 3388 Swadley Street in the amount Not-To-Exceed $300,000. She further moved to approve the IGA with the Urban Drainage and Flood Control District. Seconded by Mr. Stites; carried 8-0. Item 6. Award ITB-08-13-2008 Overlay/Concrete Rehab Project to Brannan Sand and Gravel in the Amount of $1,206,031.78. ITB-08-13 was introduced by Mrs. Langworthy, who read the Executive Summary. Motion by Mrs. Langworthy to award I713-08-13, 2008 Overlay/Concrete Rehab Project to Brannan Sand and Gravel, Denver, Colorado in the amount of $1,206,031.78 which includes bid alternates 1, 2, 3 and 4. She further moved that a contingency amount of $120,603.18 be established. She further moved that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $1,326,634.96. City of ~Wheatlkjgge ITEM NO: q, _ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: March 24, 2008 TITLE: COUNCIL BH,L 06-2008 - AN ORDINANCE AMENDING SECTION 26-803 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO FLOODPLAIN CONTROL. ® PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING (2125/2008) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING (3124/2008) ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No Director of P lic Works City Manager EXECUTIVE SUMMARY: The City entered into contracts with the Urban Drainage and Flood Control District to update drainageway studies for Clear Creek (2005) and Lena Gulch in 2005 and 2006, respectively. An Open House was held on January 10, 2007 to discuss the Clear Creek study with the public. A similar Open House was •held concerning.the Lena Gulch study on March 14, 2007. The City Council was briefed on the findings of the new floodplain reports at a Study Session on May 7, 2007. Additionally, Staff provided information on the studies at the City Town Hall Meeting in September, 2007. The recently completed floodplain studies have now been accepted by the Urban Drainage and. Flood Control District. It is appropriate that the City Council accept the studies and incorporate them into the Floodplain Control Section of the City Code.. Property owners affected by changes in the flood plain limits will receive an invitation to another workshop upon acceptance of the new maps by City Council. COMMISSION/BOARD RECOMMENDATION: N/A. STATEMENT OF THE ISSUES: The Urban Drainage and Flood Control District, in cooperation with Jefferson County, the City and County of Denver, the City of Golden, the City of Arvada and the City of Wheat Ridge, has completed a study of the Clear Creek floodplain. The new study identifies the current floodplain limits and supersedes the 1979 flood study currently being utilized. The Urban Drainage and Flood Control District and the City have completed a new floodplain study of Lena Gulch within the City. The new report identifies the current floodplain limits and supersedes the 1975 flood study currently being utilized. All property owner; within the flood plains were invited to workshops during the investigation phase of the studies. Adoption of the new floodplain reports will allow the City to administer activities within the correct floodplain boundaries. ALTERNATIVES CONSIDERED: None. FINANCIAL IMPACT: There is no financial impact to the City Budget. RECOMMENDED MOTION: "I move to approve Council Bill 06-2008, an Ordinance Amending Section 26-803 of the Wheat Ridge Code of Laws Pertaining to Floodplain Control on second reading and that it take effect 15 days after final publication." Or, "I move to table indefinately Council Bill 06-2008, an Ordinance Amending Section 26-803 of the Wheat Ridge Code of Laws Pertaining to Floodplain Control for the following reason(s). Attachments: 1. Council Bill 06-2008 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER BERRY Council Bill 06-2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE AMENDING SECTION 26-803 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO FLOODPLAIN CONTROL WHEREAS, the City of Wheat Ridge has previously adopted Article VIII of Chapter 26 of the Code of Laws pertaining to floodplain control; WHEREAS, amendment of the description of the Flood Regulatory District is needed to reflect current information; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Subsection G of Section 26-803 of the Wheat Ridge Code of Laws is amended to read as follows: G. Official maps and engineering reports. The location and boundaries of the Flood Regulatory District shall be as identified by the Federal Emergency Management Agency in "The Flood brsurance Study for Jefferson County, Colorado", dated June 17, 2003, and any amendments or revisions thereto are hereby adopted by reference and declared to be a part of this Article. The location and boundaries of the Floodway and Flood Storage Districts shall be as shown in the following engineering reports and accompanying maps: 1. Flood Insurance Rate Map (FIRM).panels dated June 17, 2003 for portions of the City of Wheat Ridge. 2. Clear Creek: Flood Hazard Area Delineation of Clear Creek by Icon Engineering For the Urban Drainage and Flood Control District, April, 2007. 3, Lena Gulch: Flood Hazard Area Delineation Lena Gulch (Lower) by George K Cotton Consulting for the Urban Drainage and Flood Control District, October, 2007. The flood insurance rate map and the above-mentioned engineering reports constitute the current flood insurance study for the City of Wheat Ridge and are hereby adopted by the above reference and declared to be ATTACHMENT I part of these regulations. The flood insurance rate map and the above- mentioned engineering reports, which constitute the flood insurance study are on file at the Wheat Ridge Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado, Section 2. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 5. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 250' day of February 2008, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for Monday. March 24. 2008, 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29a' Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2008. SIGNED by the Mayor on this day of -2008. JERRY DiTULLIO, MAYOR ATTEST: Michael Snow, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 1 ST publication: February 28, 2008 2„ d publication: Wheat Ridge Transcript Effective Date: CITY COUNCIL MINUTES: February25, 2008 ORDINANCES ON FIRST READING Page -5- Item 3. COUNCIL BILL 03-2008 - AN ORDINANCE DESIGNATING A STRUCTURE ON PROPERTY LOCATED AT 7495 W. 29TH AVENUE AN HISTORIC LANDMARK SUBJECT TO THE PROVISIONS OF CHAPTER 26, ARTICLE IX OF THE WHEAT RIDGE CODE OF LAWS. (CASE NO. WHL-08-01). Council Bill 03-2008 was introduced on first reading by Mr. Womble. Motion by Mr. Womble to approve Council Bill 03-2008. Motion died for lack of a Second. Item 4. COUNCIL BILL 05-2008 - AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO EXPAND USE OF THE ADMINISTRATIVE ENFORCEMENT PROCEDURES AND TO AUTHORIZE CERTAIN CITY EMPLOYEES TO ENFORCE THE SAME. Council Bill 05-2008 was introduced on first reading by Mrs. Langworthy. Motion by Mrs. Langworthy to approve Council Bill 05-2008 on first reading, order it published, public hearing set for Monday, March 24, 2008 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mrs. Sang; carried 8-0. Item 5. COUNCIL BILL 06-2008 - AN ORDINANCE AMENDING SECTION 26- 803 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO FLOODPLAIN CONTROL. Council Bill 06-2008 was introduced on first reading by Ms. Berry. Motion by Ms. Berry to approve Council Bill 06-2008 on first reading, order it published, public hearing set for Monday, March 24, 2008 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mr. Stites and Mrs. Adams; carried 8-0. seas City of ~Wheatjdge ITEM NO:_ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: February 25, 2008 TITLE: COUNCIL BILL 06-2008 - AN ORDINANCE AMENDING SECTION 26-803 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO FLOODPLAIN CONTROL ❑ PUBLIC HEARING ® ORDINANCES FOR 1ST READING (Date: 02/25/2008) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (Date: 03/24/2008) ❑ RESOLUTIONS Quasi-Judicial: ❑yes ® No Director of Public Works (?J City Man r EXECUTIVE SUMMARY The recently completed floodplain studies of Clear Creek and Lena Gulch have been accepted by the Urban Drainage and Flood Control District. It is appropriate that the City Council accept the studies and incorporate them into the Floodplain Control Section of the City Code. . COMMISSION/BOARD RECOMMENDATION N/A STATEMENT OF THE ISSUES The Urban Drainage and Flood Control District, in cooperation with Jefferson County, the City and County of Denver, the City of Golden, the City of Arvada and the City of Wheat Ridge, has completed a study of the Clear Creek floodplain. The new study identifies the current floodplain limits and supersedes the 1979 flood study currently being utilized. The Urban Drainage and Flood Control District and the City have completed a new floodplain study of Lena Gulch within the City. The new report identifies the current floodplain limits and supersedes the 1975 flood study currently being utilized. Adoption of the new floodplain reports will allow the City to administer activities within the correct floodplain boundaries. ALTERNATIVES CONSIDERED None FINANCIAL IMPACT There is no financial impact to the City Budget. RECOMMENDED MOTION "I move to approve Council Bill 06-2008, An Ordinance Amending Section 26-803 of the Wheat Ridge Code of Laws Pertaining to Floodplain Control on first reading, order it published, public hearing set for Monday, March 24, 2008 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication." Or, "I move to table indefinetely Council Bill 06-2008, An Ordinance amending Section 26-803 of the Wheat Ridge Code of Laws pertaining to floodplain control, for the following reason(s) Prepared by: Tim Paranto, Director of Public Works Attachments: 1. Council Bill 06-2008 Council Bill 06-2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE AMENDING SECTION 26-803 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO FLOODPLAIN CONTROL WHEREAS, the City of Wheat Ridge has previously adopted Article VIII of Chapter 26 of the Code of Laws pertaining to floodplain control; WHEREAS, amendment of the description of the Flood Regulatory District is needed to reflect current information; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Subsection G of Section 26-803 of the Wheat Ridge Code of Laws is amended to read as follows: G. Official maps and engineering reports. The location and boundaries of the Flood Regulatory District shall be as identified by the Federal Emergency Management Agency in "The Flood Insurance Study for Jefferson County, Colorado", dated June 17, 2003, and any amendments or revisions thereto are hereby adopted by reference and declared to be a part of this Article. The location and boundaries of the Floodway and Flood Storage Districts shall be as shown in the following engineering reports and accompanying maps: 1. Flood Insurance Rate Map (FIRM) panels dated June 17, 2003 for portions of the City of Wheat Ridge. 2. Clear Creek: Flood Hazard Area Delineation of Clear Creek by Icon Engineering For the Urban Drainage and Flood Control District, April, 2007. 3, Lena Gulch: Flood Hazard Area Delineation Lena Gulch (Lower) by George K Cotton Consulting for the Urban Drainage and Flood Control District, October, 2007. The flood insurance rate map and the above-mentioned engineering reports constitute the current flood insurance study for the City of Wheat Ridge and are hereby adopted by the above reference and declared to be part of these regulations. The flood insurance rate map and the above- mentioned engineering reports, which constitute the flood insurance study ATTACHMENT I are on file at the Wheat Ridge Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado, Section 2. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council Ri ther determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 5. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of . to in this day of , 2008, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 12008. SIGNED by the Mayor on this day of 2008. JERRY DITULLIO, MAYOR ATTEST: Michael Snow, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 1ST publication: 2"d publication: Wheat Ridge Transcript Effective Date: 7. PUBLIC HEARING A. Case No. ZOA-08-01: An ordinance amending Section 26-803 of the Wheat Ridge Code of Laws pertaining to floodplain control. This case was presented by Tim Paranto, Director of Public Works. New floodplain studies for Clear Creek and Lena Gulch have been accepted by the Urban Drainage and Flood Control District. The new studies are scheduled to be adopted by City Council and references in Article VIII of Chapter 26 must be updated. All zoning code revisions must have a public hearing in front of Planning Commission. In response to a question from Commissioner REINHART, Mr. Paranto explained that houses added to the floodplain would be required to have flood insurance. Those houses removed from the floodplain would not be required to have flood insurance. There are houses that will be removed from the floodplain under the amendment as well as houses that will be added to the floodplain. In response to a question from Commissioner TIMMS, Mr. Paranto outlined some of the stringent requirements for construction in a floodplain area. Chair BRINKMAN asked if there were members of the public who wished to address the Commission. Hearing no response, the public hearing was closed. It was moved by Commissioner MATTHEWS and seconded by Commissioner REINHART that Case No. ZOA-08-01, a proposed amendment to Section 26-803.G. of.Article VIII, Floodplain Control, of the Wheat Ridge Code of Laws, be forwarded to City Council with a recommendation of approval for the following reasons: 1. The proposed legislation adopts the new studies. 2. It will allow the City to administer activities within the correct floodplain boundaries. The motion passed 6-0 with Commissioner SCEZNEY absent. 8. STUDY SESSION A. Neighborhood Revitalization Strategy Ken Johnstone presented this matter. He reviewed the staff report and a digital presentation regarding adoption of the Neighborhood Revitalization Strategy (NRS) as an amendment to the Comprehensive Plan. The presentation included a complete review of the NRS. This discussion is merely a study session. A public hearing will be held at a future time. Planning Commission Minutes 2 March 20, 2008 3k1 p City of Wheatdge COMMUNYry DEVELOPMENT Memorandum TO: Planning Commission FROM: Meredith Reckert DATE: March 11, 2008 SUBJECT: Case No. ZOA-08-O1/Floodplain Control This Case is: Quasi-judicial X Legislative Proper notice was given for this public hearing. New floodplain studies for Clear Creek and Lena Gulch have been accepted by the Urban Drainage and Flood Control District. The new studies are scheduled to be adopted by City Council and references in Article VII of Chapter 26 must be updated. Pursuant to Municipal Code, all zoning code revisions must have a public hearing in front of Planning Commission. Attachment 1 is a copy of the proposed legislation. RECOMMENDED MOTION: "I move that Case No. ZOA-08-01, a proposed amendment to Section 26-803.G. of Article VIII., Floodplain Control, of the Wheat Ridge Code of Laws, be forwarded to City Council with a recommendation of APPROVAL for the following reasons: 1. The proposed legislation adopts the new studies. 2. It will allow the City to administer activities within the correct floodplain boundaries." CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER BERRY Council Bill 06-2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE AMENDING SECTION 26-803 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO FLOODPLAIN CONTROL WHEREAS, the City of Wheat Ridge has previously adopted Article VIII of Chapter 26 of the Code of Laws pertaining to floodplain control; WHEREAS, amendment of the description of the Flood Regulatory District is needed to reflect current information; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Subsection G of Section 26-803 of the Wheat Ridge Code of Laws is amended to read as follows: G. Official maps and engineering reports. The location and boundaries of the Flood Regulatory District shall be as identified by the Federal Emergency Management Agency in "The Flood Insurance Study for Jefferson County, Colorado", dated June 17, 2003, and any amendments or revisions thereto are hereby adopted by reference and declared to be a part of this Article. The location and boundaries of the Floodway and Flood Storage Districts shall be as shown in the following engineering reports and accompanying maps: 1. Flood Insurance Rate Map (FIRM) panels dated June 17, 2003 for portions of the City of Wheat Ridge. 2. Clear Creek: Flood Hazard Area Delineation of Clear Creek by Icon Engineering For the Urban Drainage and Flood Control District, April, 2007. 3, Lena Gulch: Flood Hazard Area Delineation Lena Gulch (Lower) by George K Cotton Consulting for the Urban Drainage and Flood Control District, October, 2007. The flood insurance rate map and the above-mentioned engineering reports constitute the current flood insurance study for the City of Wheat Ridge and are hereby adopted by the above reference and declared to be part of these regulations. The flood insurance rate map and the above- mentioned engineering reports, which constitute the flood insurance study are on file at the Wheat Ridge Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado, Section 2. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 5. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 25th day of February 2008, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for Monday, March 24, 2008, 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29`h Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of '12008. SIGNED by the Mayor on this day of 2008 JERRY DiTULLIO, MAYOR ATTEST: Michael Snow, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY IST publication: February 28, 2008 2nd publication: Wheat Ridge Transcript Effective Date: Case No.: OA0801 Quarter Section Map No.: App: Last Name: Citywide Related Cases: F App: First Name: Case History: mend code pertaining to Owner: Last Name: lood plain control Owner: First Name: App Address: Review Body: PC: 3/20108 City, State Zip: App: Phone: r APN: Owner Address: 2nd Review Body: CC City/State/Zip: 2nd Review Date: j Owner Phone: Decision-making Body: cc Project Address: Approval/Denial Date: Street Name: City/State, Zip: Reso/Ordinance No.: Case Disposition: Conditions of Approval: District: Project Planner: Paranto File Location: ctive Date Received: 2125/2008 Notes: I Follow-Up: Pre-App Date: G0to_page,-1