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HomeMy WebLinkAboutZOA-08-09CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER BERRY Council Bill No. 03-2009 Ordinance No. 1431 Series of 2009 TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE ARTICLE VIII OF CHAPTER 26 CONCERNING FLOODPLAIN ADMINISTRATOR DECISION-MAKING AUTHORITY & FLOODPLAIN DEVELOPMENT STANDARDS. WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, the City Council of the City of Wheat Ridge finds that more administrative flexibility is desirable with regards to floodplain development standards; and WHEREAS, the City Council of the City of Wheat Ridge wishes to make other conforming changes. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26-802 of the Code is amended to read: Sec. 26-802. Definitions. Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage, so as to be consistent with the definition given the term in other portions of this zoning code, and to give these regulations their most reasonable application. Floodplain administrator. The j eity-engineer or his designee is assigned the responsibility to coordinate and deal with all aspects of these regulations. Section 2: Section 26-803 of the Code is amended to read: See. 26-803. General provisions. A. Jurisdiction. The provisions of this article shall apply to all lands within the Flood Regulatory District as defined on the official maps and engineering reports of the City of Wheat Ridge. B. District types. The Flood Regulatory District covers the area inundated by the 100-year flood. The Flood Regulatory District has been divided into two (2) subdistricts: The Floodway District and the Flood Storage District. The Flood Regulatory District, the Floodway District, and the Flood Storage District are not separate zoning districts, but are overlay districts over existing zoning districts. In addition to meeting the conditions of the underlying zoning district, any property to be developed in the Flood Regulatory District must meet the conditions of the applicable overlay flood district. C. District determination. All properties within the boundaries of the 100-year flood as shown on the current flood insurance rate map for the City of Wheat Ridge, shall be in either the Floodway or Flood Storage District and shall be subject to the requirements of sections 26-805 Floodway District, or 26-806 Flood Storage District, respectively. D. Boundaries. The boundaries of the Flood Regulatory District, Floodway District and Flood Storage District have been defined by computing the 100-year flood limits under existing channel and floodplain conditions as shown on the official maps and engineering reports. The boundaries of the Flood Regulatory District, Floodway District and the Flood Storage District shall be as they appear on the official maps and engineering reports kept on file in the office of the i m~ `d ~rir%§tqr ngtneer. The boundary lines on the map shall be determined by the use of the scale and other surface features appearing on the map. When there is a conflict between the boundary lines illustrated on the map and the actual field conditions, the dispute shall be settled according to section 26-808. 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. The flood insurance rate map and the above-mentioned engineering reports constitute the current flood insurance study for the city of What 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, (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1293, § 1, 6-9-03; Ord. No. 1411, § 1, 3-24-08) 4. Lena Gulch: Flood Hazard Area Delineation Lena Gulch (Lower) by George K Cotton Consulting for the Urban Drainage and Flood Control District, October, 2007. Section 3: Section 26-806 of the Code is amended to read: Sec. 26-806. Flood Storage District. F. Development standards. The following regulations shall apply to all permitted development and uses within the Flood Storage District: 1. All new structures which are walled and roofed and greater than one hundred twenty (120) square feet in size must be elevated one (1) foot above the base flood elevation. 2. All development shall be evaluated based on any analysis of an equal degree of encroachment based on conveyance of the 100-year flood extending for a significant reach on both sides. 3. No Flood Storage District uses shall adversely affect the efficiency of or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. 4. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure and to withstand hydrodynamic loads. K s 5. All new construction, and substantial improvements, shall be constructed with materials and utility equipment resistant to flood damage. 4 6 All fetieeq shall be designed so > 7" bet fleedpi in administrator Section 4: Section 26-808 of the Code is amended to read: Sec. 26-808. Administration. zM. pf Ejry-eogine~ of the City of Wheat wk , A. Floodplain administrator. The bllf~ Ridge or his designee shall be the floodplain administrator. The duties of the administrator shall include, but not be limited to: 1. Coordination between departments and divisions: a. Coordinate the application,,yermit, review, appeal, certification and enforcement processes between the office of the z rrts t eity-engiffeer and the department of community development's divisions of planning, building, and code enforcement as appropriate to ensure compliance with these regulations and an efficient use of staff. Section 5: Safety Clause. The City Council 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 6: SeverabilitV' Conflicting Ordinances Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of the ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 7: Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 9"' day of February, 2009, ordered published in fall in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for Monday, February 23, 2009, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29t' Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 , this 23rd day of February , 2009. SIGNED by the Mayor on this 23rd ATTEST: Michael Snow, Cit Clerk 2009. pro e s .o o Gerald E. Dahl, City Attorney First Publication: February 12, 2009 Second Publication: February 26, 2009 Wheat Ridge Transcript: Err 1ieCilve Date: 'March 13, 2v09 CITY COUNCIL MINUTES: February23, 2009 Page -3- Motion by Ms. Berry to amend Ordinance 1430, Section D, line 2 as follows: of the passage of Section 26-119 of this Code...; seconded by Mrs. Adams; carried 8-0. Original motion as amended carried 8-0. Item 3. Council Bill 03-2009 - An Ordinance amending Article VIII of Chapter 26 of the Code of Laws of the City of Wheat Ridge concerning Floodplain Administrator decision-making authority & Floodplain Development Standards. (Case No. ZOA-08-09) Mayor DiTullio opened the public hearing. Council Bill 03-2009 was introduced on second reading by Council Member Berry. City Clerk Michael Snow assigned Ordinance Number 1431. Jeff Hirt presented the staff report. No citizens were present to speak. Mayor DiTullio closed the public hearing. Motion by Ms. Berry to approve Council Bill 03-2009 (Ordinance 1431) on second reading, and that it take effect 15 days after final publication; seconded by Mrs. Rotola; carried 8-0. Item 4. Council Bill 04-2009 - An Ordinance amending Article II of Chapter 26 of the Wheat Ridge Code of Laws concerning Urban Renewal. Mayor DiTullio opened the public hearing. Council Bill 04-2009 was introduced on second reading by Council Member Stites. City Clerk Michael Snow assigned Ordinance Number 1432. No staff report was presented. No citizens were present to speak. Mayor DiTullio closed the public hearing. Motion by Mr. Stites to approve Council Bill 04-2009 (Ordinance 1432) on second reading, and that it take effect upon adoption; seconded by Mrs. Sang. "~Wixai:) id~~. Case No. ZOA-08-09 Class II ~wtZ,at Case No. ZOA-08-09 CITYWIDE FLOODPLAIN MAP s. t a4~$. o ° w 5 ~~c ao 11 4 P P * "bEf ~ ~ w ~ ~ x LI, It ~tf g Y sr§°N 100,"0, e QN- ~ t~ ~a ~ m :air ~r a 1 gyp"""'. t i ~.f~ ° q a zi m s"sv aE zoA o3 5Y Legend 's- r-71 Fiooasrorageolvrin Case No. ZOA-08-09 Case No. ZOA-08-09 • ivnnor cnanges a (e.g„ "city engin( administrator") b er" to "floodplain Wk~~.,tl ic3~t~ Case No. ZOA-08-09 Clty Of Wheatl idge v ITEM NO: 31 REQUEST FOR CITY COUNCIL ACTION l COUNCIL MEETING DATE: February 23, 2009 TITLE: COUNCIL BILL NO. 03-2009 - AN ORDINANCE AMENDING ARTICLE VIII OF CHAPTER 26 CONCERNING FLOODPLAIN ADMINISTRATOR DECISION-MAKING AUTHORITY & FLOODPLAIN DEVELOPMENT STANDARDS (CASE NO. ZOA- 08-09) ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS Quasi-judicial: ❑ ORDINANCES FOR 1sT READING (02/09/2009) ® ORDINANCES FOR 2ND READING (02/23/2009) YES ® NO ` ~ City Manager EXECUTIVE SUMMARY: At the July 7, 2008 City Council study session, Council directed staff to move forward with the list of proposed short, mid, and long term zoning code amendments. The attached ordinance represents one amendment from that list. Staff has proposed amendments to some of the floodplain administrator authorities and 100 year floodplain development standards. Specifically, the current regulations lack flexibility with regards to the construction of fences in the flood storage district of the 100 year floodplain. Additionally, the title of "city engineer" should be removed in favor of the current titles of Director of Public Works and Floodplain Administrator. The changes can be summarized briefly as follows: The current regulations require all fences to be at least one foot above base flood elevation in the flood storage district. This has been problematic for developed properties in the floodplain with regards to repairing existing fences and constructing new ones where there is no adverse impact on the flood storage district. The Floodplain Administrator is currently defined as the "city engineer" which is not an active title. This term has been replaced with "Director of Public Works". The Planning Commission reviewed this code amendment at a public hearing held on December 18, 2008 and gave a recommendation of approval. COMMISSION/BOARD RECOMMENDATION: The ordinance proposes amendments to Chapter 26 of the Wheat Ridge Code of Laws. All changes to Chapter 26 require review and a recommendation from the Planning Commission. A public hearing on this amendment was held before the Planning Commission on Thursday, December 18, 2008. Planning Commission recommended approval of the attached ordinance. STATEMENT OF THE ISSUES: There are two types of flood designations that make up the 100 year floodplain of the Flood Regulatory District - the Floodway District and the Flood Storage District. Per Section 26-802 of the Code of Laws, they are defined as follows: • Flood regulatory district. The area adjacent to a watercourse which is subject to flooding as the result of the occurrence of the 100-year flood. Thus, the area is so adverse to past, current or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. The term includes, but is not limited to, mainstream floodplains; debris- fan floodplains; and dry wash channels and dry wash floodplains. The flood regulatory district is composed of the Floodway District and the Flood Storage District. • Flood storage district. The fringe portion of the Flood Regulatory District in which flows are characteristically backwater and areas of shallow flooding. • Floodway district. The portion of the Flood Regulatory District required for the reasonable passage or conveyance of the 100-year flood which is characterized by hazardous and significant depths and velocities. R.ODD A - REGULATORY A- DISTRICT DISTRICT R.CDOWALY DUMCT WATERCOURSE FIGURE 2S-0M.1 Per Section 26-805, no structures are allowed in the Floodway District, including fences. There are some limited allowances for structures in the Flood Storage District with approval of a special exception permit. There are two types of special exception permits - class I and class H. Class I permits must be approved by the Floodplain Administrator. A class I permit is required for any non- habitable structure such as sheds and fences. Per Section 26-806.F.16, "all fences shall be designed so that the bottom portion, except for supporting fence posts, are elevated one (1) foot above base flood elevation or in a breakaway design if approved by the floodplain administrator." For properties in the Flood Storage District, specifically developed properties, this presents challenges to having privacy fences, fences for screening (as may be required by the Code of Laws), or making repairs to existing fences. 2 ALTERNATIVES CONSIDERED: Do not approve the proposed legislation. FINANCIAL IMPACT: None. "I move to approve Council Bill No. 3-2009, Case #ZOA-08-09, an ordinance amending Article VIII of Chapter 26 of the Wheat Ridge Code of Laws concerning floodplain administrator decision- making authority & floodplain development standards on second reading, and that it take effect 15 days after final publication." or, "I move to table indefinitely Council Bill No. 3-2009, Case #ZOA-08-09, an ordinance amending Article VIII of Chapter 26 of the Wheat Ridge Code of Laws concerning floodplain administrator decision-making authority & floodplain development standards, for the following reason(s): Report Initiated by: Jeff Hirt Report Prepared by: Jeff Hirt Report Reviewed by: Meredith Reckert & Kenneth Johnstone ATTACHMENTS: 1. City Floodplain Map 2. Council Bill No. 3-2009 3 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER BERRY Council Bill No. 03-2009 Ordinance No. Series of 2009 TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE ARTICLE VIII OF CHAPTER 26 CONCERNING FLOODPLAIN ADMINISTRATOR DECISION-MAKING AUTHORITY & FLOODPLAIN DEVELOPMENT STANDARDS. WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, the City Council of the City of Wheat Ridge finds that more administrative flexibility is desirable with regards to floodplain development standards; and WHEREAS, the City Council of the City of Wheat Ridge wishes to make other conforming changes. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26-802 of the Code is amended to read: Sec. 26-802. Definitions. Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage, so as to be consistent with the definition given the term in other portions of this zoning code, and to give these regulations their most reasonable application. Fooodplain administrator. The Director of Public Works city engineer or his designee is assigned the responsibility to coordinate and deal with all aspects of these regulations. Section 2: Section 26-803 of the Code is amended to read: Sec. 26-803. General provisions. A. Jurisdiction. The provisions of this article shall apply to all lands within the Flood Regulatory District as defined on the official maps and engineering reports of the City of Wheat Ridge. B. District types. The Flood Regulatory District covers the area inundated by the 100-year flood. The Flood Regulatory District has been divided into two (2) subdistricts: The Floodway District and the Flood Storage District. The Flood Regulatory District, the Floodway District, and the Flood Storage District are not separate zoning districts, but are overlay districts over existing zoning districts. In addition to meeting the conditions of the underlying zoning district, any property to be developed in the Flood Regulatory District must meet the conditions of the applicable overlay flood district. C. District determination. All properties within the boundaries of the 100-year flood as shown on the current flood insurance rate map for the City of Wheat Ridge, shall be in either the Floodway or Flood Storage District and shall be subject to the requirements of sections 26-805 Floodway District, or 26-806 Flood Storage District, respectively. D. Boundaries. The boundaries of the Flood Regulatory District, Floodway District and Flood Storage District have been defined by computing the 100-year flood limits under existing channel and floodplain conditions as shown on the official maps and engineering reports. The boundaries of the Flood Regulatory District, Floodway District and the Flood Storage District shall be as they appear on the official maps and engineering reports kept on file in the office of the Floodplain Administrator eity eng-inee~. The boundary lines on the map shall be determined by the use of the scale and other surface features appearing on the map. When there is a conflict between the boundary lines illustrated on the map and the actual field conditions, the dispute shall be settled according to section 26-808. 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. Clear Creek: Clear Creek Floodplain Revisions at McIntyre Overflow - Letter Report by Icon Engineering dated October 27, 2008. 4. 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 What 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, (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1293, § 1, 6-9-03; Ord. No. 1411, § 1, 3-24-08) Section 3: Section 26-806 of the Code is amended to read: Sec. 26-806. Flood Storage District. F. Development standards. The following regulations shall apply to all permitted development and uses within the Flood Storage District: 1. All new structures which are walled and roofed and greater than one hundred twenty (120) square feet in size must be elevated one (1) foot above the base flood elevation. 2. All development shall be evaluated based on any analysis of an equal degree of encroachment based on conveyance of the 100-year flood extending for a significant reach on both sides. 3. No Flood Storage District uses shall adversely affect the efficiency of or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. 4. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure and to withstand hydrodynamic loads. 5. All new construction, and substantial improvements, and fences shall be constructed with materials and utility equipment resistant to flood damage. 16. All fenees shall be designed so d*at the bettem poi4ion, &xeept for supporting fenee posts-, Section 4: Section 26-808 of the Code is amended to read Sec. 26-808. Administration. A. Floodplain administrator. The Director of Public Works eity engineer of the City of Wheat Ridge or his designee shall be the floodplain administrator. The duties of the administrator shall include, but not be limited to: 1. Coordination between departments and divisions: a. Coordinate the application, permit, review, appeal, certification and enforcement processes between the office of the Floodplain Administrator eity eaginee~ and the department of community development's divisions of planning, building, and code enforcement as appropriate to ensure compliance with these regulations and an efficient use of staff. Section 5: Safety Clause. The City Council 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 6: Severabitity: Conflicting Ordinances Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of the ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 7: Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 9th day of February, 2009, 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, February 23, 2009, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2009. SIGNED by the Mayor on this day of 2009. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form First Publication: February 12, 2009 Second Publication: Wheat Ridge Transcript: Effective Date: Gerald E. Dahl, City Attorney lL~ City of ~WheatRcJge ITEM NO: REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: February 9, 2009 a,d. 14 3 f TITLE: COUNCIL BILL 03-2009 - AN ORDINANCE AMENDING ARTICLE VIII OF CHAPTER 26 CONCERNING FLOODPLAIN ADMINISTRATOR DECISION-MAKING AUTHORITY & FLOODPLAIN DEVELOPMENT STANDARDS (CASE NO. ZOA- 08-09) ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS ® ORDINANCES FOR 1sT READING (02/09/09) ❑ ORDINANCES FOR 2ND READING (02/23/09) Quasi-judicial: ❑ YES irecto o Co ty evelop ent ® NO City Mang r At the July 7, 2008 City Council study session, Council directed staff to move forward with the list of proposed short, mid, and long term zoning code amendments. The attached ordinance represents one amendment from that list. Staff has proposed amendments to some of the floodplain administrator authorities and 100 year floodplain development standards. Specifically, the current regulations lack flexibility with regards to the construction of fences in the flood storage district of the 100 year floodplain. Additionally, the title of "city engineer" should be removed in favor of the current titles of Director of Public Works and Floodplain Administrator. The changes can be summarized briefly as follows: • The current regulations require all fences to be at least one foot above base flood elevation in the flood storage district. This has been problematic for developed properties in the floodplain with regards to repairing existing fences and constructing new ones where there is no adverse impact on the flood storage district. • The Floodplain Administrator is currently defined as the "city engineer" which is not an active title. This term has been replaced with "Director of Public Works". The Planning Commission reviewed this code amendment at a public hearing held on December 18, 2008 and gave a recommendation of approval. COMMISSION/BOARD RECOMMENDATION: The ordinance proposes amendments to Chapter 26 of the Wheat Ridge Code of Laws. All changes to Chapter 26 require review and a recommendation from the Planning Commission. A public hearing on this amendment was held before the Planning Commission on Thursday, December 18, 2008. Planning Commission recommended approval of the attached ordinance by a unanimous vote. STATEMENT OF THE ISSUES: There are two types of flood designations that make up the 100 year floodplain of the Flood Regulatory District - the Floodway District and the Flood Storage District. Per Section 26-802 of the Code of Laws, they are defined as follows: • Flood regulatory district. The area adjacent to a watercourse which is subject to flooding as the result of the occurrence of the 100-year flood. Thus, the area is so adverse to past, current or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. The term includes, but is not limited to, mainstream floodplains; debris- fan floodplains; and dry wash channels and dry wash floodplains. The flood regulatory district is composed of the Floodway District and the Flood Storage District. • Flood storage district. The fringe portion of the Flood Regulatory District in which flows are characteristically backwater and areas of shallow flooding. • Floodway district. The portion of the Flood Regulatory District required for the reasonable passage or conveyance of the 100-year flood which is characterized by hazardous and significant depths and velocities. ROOD DISTRICT REGULATORY DISTRICT 1 REGULATORY DISTRICT R.OODWAY 1/ DISTRICT J WAT6i000RSE RGURE 23-001.1 Per Section 26-805, no structures are allowed in the Floodway District, including fences. There are some limited allowances for structures in the Flood Storage District with approval of a special exception permit. There are two types of special exception permits - class I and class II. Class I permits must be approved by the Floodplain Administrator. A class I permit is required for any non- habitable structure such as sheds and fences. Per Section 26-806.F.16, "all fences shall be designed so that the bottom portion, except for supporting fence posts, are elevated one (1) foot above base flood elevation or in a breakaway design if approved by the floodplain administrator." For properties in the Flood Storage District, specifically developed properties, this presents challenges to having privacy fences, fences for screening (as is required by the Code of Laws), or making repairs to existing fences. Staff is recommending that any fence in the Flood Storage District still must obtain a class I exception permit, but it is at the Floodplain Administrator's discretion as to whether or not it must be elevated one foot above base flood elevation or of breakaway design. The class 1 permit would still require an evaluation by the Floodplain Administrator as to any potential adverse impacts on the floodplain. An example staff would foresee is where a single family property in the floodplain with an existing privacy fence would want to rebuild the fence, or construct a new one to replace one in disrepair. If the property is relatively far from the floodway (as several are on the example to the right), allowing the reconstruction or new construction of a fence may not have adverse impacts on the floodplain. Staff is not recommending any changes related to any other type of structures in the Flood Regulatory District. ALTERNATIVES CONSIDERED: Do not approve the proposed legislation. FINANCIAL IMPACT: None. RECOMMENDED MOTION: "I move to approve Council Bill No. 3-2009, Case #ZOA-08-09, an ordinance amending Article VIII of Chapter 26 of the Wheat Ridge Code of Laws concerning floodplain administrator decision- making authority & floodplain development standards on first reading, order it published, public hearing set for Monday February 23, 2009 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication." or, "I move to table indefinitely Council Bill No. 3-2009, Case #ZOA-08-09, an ordinance amending Article VIII of Chapter 26 of the Wheat Ridge Code of Laws concerning floodplain administrator decision-making authority & floodplain development standards, for the following reason(s): Report Initiated by: Jeff Hirt Report Prepared by: Jeff Hirt Report Reviewed by: Meredith Reckert & Kenneth Johnstone ATTACHMENTS: 1. City Floodplain Map 2. Council Bill No. 3-2009 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No.03-2009 Ordinance No. Series of 2009 TITLE: AN ORDINANCE AMENDING CODE OF LAWS ARTICLE VIII OF CHAPTER 26 CONCERNING FLOODPLAIN ADMINISTRATOR DECISION-MAKING AUTHORITY & FLOODPLAIN DEVELOPMENT STANDARDS WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, the City Council of the City of Wheat Ridge finds that more administrative flexibility is desirable with regards to floodplain development standards; and WHEREAS, the City Council of the City of Wheat Ridge wishes to make other conforming changes. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26-802 of the Code is amended to read: Sec. 26-802. Definitions. Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage, so as to be consistent with the definition given the term in other portions of this zoning code, and to give these regulations their most reasonable application. Floodplain administrator. The ~tt} lr ~ city engifie or his designee is assigned the responsibility to coordinate and deal with all aspects of these regulations. Section 2: Section 26-803 of the Code is amended to read: Sec. 26-803. General provisions A. Jurisdiction. The provisions of this article shall apply to all lands within the Flood Regulatory District as defined on the official maps and engineering reports of the City of Wheat Ridge. B. District types. The Flood Regulatory District covers the area inundated by the 100-year flood. The Flood Regulatory District has been divided into two (2) subdistricts: The Floodway District and the Flood Storage District. The Flood Regulatory District, the Floodway District, and the Flood Storage District are not separate zoning districts, but are overlay districts over existing zoning districts. In addition to meeting the conditions of the underlying zoning district, any property to be developed in the Flood Regulatory District must meet the conditions of the applicable overlay flood district. C. District determination. All properties within the boundaries of the 100-year flood as shown on the current flood insurance rate map for the City of Wheat Ridge, shall be in either the Floodway or Flood Storage District and shall be subject to the requirements of sections 26-805 Floodway District, or 26-806 Flood Storage District, respectively. D. Boundaries. The boundaries of the Flood Regulatory District, Floodway District and Flood Storage District have been defined by computing the 100-year flood limits under existing channel and floodplain conditions as shown on the official maps and engineering reports. The boundaries of the Flood Regulatory District, Floodway District and the Flood Storage District shall be as they appear on the official maps and engineering reports kept on file in the office of the d Ad~~p city, engineeF. The boundary lines on the map shall be determined by the use of the scale and other surface features appearing on the map. When there is a conflict between the boundary lines illustrated on the map and the actual field conditions, the dispute shall be settled according to section 26-808. 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. 4. 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 What 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, (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1293, § 1, 6-9-03; Ord. No. 1411, § 1, 3-24-08) Section 3: Section 26-806 of the Code is amended to read: Sec. 26-806. Flood Storage District. F. Development standards. The following regulations shall apply to all permitted development and uses within the Flood Storage District: 1. All new structures which are walled and roofed and greater than one hundred twenty (120) square feet in size must be elevated one (1) foot above the base flood elevation. 2. All development shall be evaluated based on any analysis of an equal degree of encroachment based on conveyance of the 100-year flood extending for a significant reach on both sides. 3. No Flood Storage District uses shall adversely affect the efficiency of or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. 4. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure and to withstand hydrodynamic loads. 5. All new construction, and substantial improvements, shall be constructed with materials and utility equipment resistant to flood damage. Section 4: Section 26-808 of the Code is amended to read Sec. 26-808. Administration. A. Fooodplain administrator. The E} r o a~u GC eity-engifieer of the City of Wheat Ridge or his designee shall be the floodplain administrator. The duties of the administrator shall include, but not be limited to: 1. Coordination between departments and divisions: a. Coordinate the application, permit, review, appeal, certification and enforcement processes between the _M r(# sib, engineee and the department of community development's office of the XMffiWJ divisions of planning, building, and code enforcement as appropriate to ensure compliance with these regulations and an efficient use of staff. Section 5, Safety Clause. The City Council 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 6: Severability: Conflicting Ordinances Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of the ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 7: Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to on this day of , 2009, 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 , 2009, 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 2009. SIGNED by the Mayor on this day of 2009. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: _ Wheat Ridge Transcript: Effective Date: 6. 7. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) There was no one to address the Commission at this time. PUBLIC HEARING A. Case Nos. WZ-08-08 (rescheduled from E of quorum): An application filed by Coors establish zoning of Agricultural-One (A-1) i the City of Wheat Ridge generally located Subdivision, north of Clear Creek and south Indiana Street extended. documents into the record and advised the C hear the case. Staff recommended approval Ueda: detrimental impact on propert ies in the area. The case was presented by Meredith Re~xt. She Chair BRINKMAN asked if there address this matter. The applicant the staff report from-the audience. the Commission The tStlblic hear 4, 2008 due to lack g`C~ompany to recently annexed into ,ot 9 of Cabela's/Coors of State Highway 58 at xitered all pertinent: ~t8 there was jnAdiction to there would be no ublic who wished to wed his agreement with were present to address It was moved' 6- commissioner STEVE ART and seconded by Commissioner DAVIS to recom- mendappno- of C _e No. WZ-08-08, a request for approvaLoTA 1 zonf for vacanroperty recently annexed to the City lasted wes£6f Lot 9"0 he Cabela's/Coors Subdivision, north of Clear Creek and south of FIYg vay 58, L h diana Street extended for the following 1. '-Zoning musbe in place within 90 days of annexation. 2. Thong will be no detrimental impact on properties in the area due to the ,i zoning. The motion passed 8-0. B. Case No. ZOA-08-09: An ordinance amending Chapter 26, Article VIII concerning floodplain administrator decision-making authority and floodplain development standards. The case was presented by Jeff Hirt. He entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. He reviewed the staff report and digital presentation. Staff recommended approval of the draft ordinance. Planning Commission Minutes 2 December 18, 2008 Current regulations lack flexibility with regard to fences in the floodplain. Additionally, the title of city engineer would be removed and replaced with the current title of director of Public Works and Floodplain Administrator. There was discussion about breakaway fences. Mr. Hirt stated that his understanding was the fences would be anchored and then lay flat if hit by debris The fences would not add to flood debris. Staff recommended that any fence in the floodplain must still obtain a Class I exception permit b t it would be at the Floodplain Administrator's discretion as to whether or lio must be elevated one . 4r foot above base flood elevation or of breakaway des grij; Chair BRINKMAN asked if there were in address this matter. Hearing no response, the wished to It was moved by Commissioner MATT-H Commissioner REINHART to recommen ordinance amending Article VIII of Chal administrator decision-matdoe authority standards. The motion vasse - ud seconded by fta of the proposed concerning floodplain dplain development C. Case No. ZOA-08-06: An ordm`CamendinChapter 26 concerning zoning district boundary drscrep- cies ffi_ rpretations. The case was-,sxesentedM~ Jeff Hirt. e pertinent documents into the record and'aaQd the (drmmissron th - - _ as jurisdiction to hear the case. He reviewed the staf %po tr>d~ gttal presentation. Staff recommended approval for reasons outlined rril e staffff ~l~rf The ordinance proposes amendments to hew the CW&l resses_T~moperties with multiple zone district boundaries or zone district boundary d screjQksg~There are numerous properties in the city that contain multiple zoning dist boundaries or have zone district boundary dig r' gncie: Thes situations present substantial challenges to developing or redev Iouing the nroficrties. In response fa~uestion from Commissioner DWYER concerning the rationale tEN -ese decisions from the Board of Adjustment, Mr. Hirt stated that for removing~I the administrative option would take less time than going through the Board of Adjustment process and there would still be adequate oversight. If a neighbor wants to appeal an administrative decision, the appeal would go before the City Council. Commissioner DWYER commented that he is familiar with the problems caused by split zoning and expressed appreciation to the staff for drafting an ordinance to better address these situations. Planning Commission Minutes 3 December 18, 2008 W to at: [ ic3~c~ Case No. ZOA-08-09 Class II ~wE~L,,~t ;a~,~~• Case No. ZOA-08-09 acW V... . mu*~~rue. eun ancocrm.v:am rry,n wheati <I CITYWIDE FLOODPLAIN MAP u,. r I~ IT s Eb s "IT .To ( ~r~ {rte a ~ITH I i $F w 4 +F t ii .mei 5~. ;'Y~ P S!~ Rik IF 3 t r P T", g z 'IT x0,...g vg'~ss v..o3 xF v,'~„„ "a„o IA 3To a Legend e - „n ° max x=* moo- O Flo°d Storage adoet J Case No. ZOA-08-09 - IVI I:I I U I 1.1IclIl8CD dUUI CJJI I+b' LUI ICIrIU UIICJ (e.g., "city engineer' to "floodplain administrator") -~wtzl:T i<3tx~. of wncar PLANNING COMMISSION LEGISLATIVE ITEM STAFF REPORT C~ORPDO MEETING DATE: December 18, 2008 TITLE: AN ORDINANCE AMENDING ARTICLE VIII OF CHAPTER 26 CONCERNING FLOODPLAIN ADMINISTRATOR DECISION- MAKING AUTHORITY & FLOODPLAIN DEVELOPMENT STANDARDS CASE NO. ZOA-08-09 ® PUBLIC HEARING ❑ RESOLUTION ® CODE CHANGE ORDINANCE ❑ STUDY SESSION ITEM Case Manager: Jeff Hirt Date of Preparation: December 18, 2008 SUMMARY: The attached ordinance proposes amendments to some of the floodplain administrator authorities and floodplain development standards. Specifically, the current regulations lack flexibility with regards to fences in the flood storage district (floodplain). Additionally, the title of "city engineer" should be removed in favor of the current titles of Director of Public Works and Floodplain Administrator. The changes can be summarized briefly as follows: The current regulations require all fences to be at least one foot above base flood elevation in the flood storage district. This has been problematic for developed properties in the floodplain with regards to repairing existing fences and constructing new ones where there is no adverse impact on the flood storage district. The Floodplain Administrator is currently defined as the "city engineer" which is not an active title. This term has been replaced with "Director of Public Works". Notice for this public hearing was provided as required by the Code of Laws. ZOA-08-09/Floodplain BACKGROUND: There are two types of flood designations that make up the Flood Regulatory District - the Floodway District and the Flood Storage District. Per Section 26-802 of the Code of Laws, they are defined as follows: • Flood regulatory district. The area adjacent to a watercourse which is subject to flooding as the result of the occurrence of the 100-year flood. Thus, the area is so adverse to past, current or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. The term includes, but is not limited to, mainstream floodplains; debris- fan floodplains; and dry wash channels and dry wash floodplains. The flood regulatory district is composed of the Floodway District and the Flood Storage District. • Flood storage district. The fringe portion of the Flood Regulatory District in which flows are characteristically backwater and areas of shallow flooding. • Floodway district. The portion of the Flood Regulatory District required for the reasonable passage or conveyance of the 100-year flood which is characterized by hazardous and significant depths and velocities. FLOOD REGULAR MTRICT FlGURE26-801.1 Per Section 26-805, no structures are allowed in the Floodway District, including fences. There are some limited allowances for structures in the Flood Storage District with approval of a special exception pen-nit. There are two types of special exception permits - class I and class II. Class I permits must be approved by the Floodplain Administrator. A class I permit is required for any fence. Per Section 26-806.F.16, "all fences shall be designed so that the bottom portion, except for supporting fence posts, are elevated one (1) foot above base flood elevation or in a breakaway design if approved by the floodplain administrator." For properties in the Flood Storage District, specifically developed properties, this presents challenges to having privacy fences, fences for screening (as is required by the Code of Laws), or making repairs to existing fences. Staff is recommending that any fence in the Flood Storage District still must obtain a class I exception permit, but it is at the Floodplain Administrator's discretion as to whether or not it must be elevated one foot above base flood elevation or of breakaway design. Staff is not recommending any changes related to any other type of structures in the Flood Regulatory District. ZOA-08-09/Floodplain 2 "I move to recommend approval of the proposed ordinance amending Article VIII of Chapter 26 concerning floodplain administrator decision-making authority & floodplain development standards." Exhibits: 1. City Floodplain Map 2. Proposed Ordinance ZOA-08-09/Hoodplain C L1 b O O W 0 0 6 N EXHIBIT 2: PROPOSED ORDINANCE CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. -2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE AMENDING CODE OF LAWS ARTICLE VIII OF CHAPTER 26 CONCERNING FLOODPLAIN ADMINISTRATOR DECISION-MAKING AUTHORITY & FLOODPLAIN DEVELOPMENT STANDARDS WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, the City Council of the City of Wheat Ridge finds that more administrative flexibility is desirable with regards to floodplain development standards; and WHEREAS, the City Council of the City of Wheat Ridge wishes to make other conforming changes. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26-802 of the Code is amended to read: Sec. 26-802. Definitions. Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage, so as to be consistent with the definition given the tern in other portions of this zoning code, and to give these regulations their most reasonable application. Floodplain administrator. The Director of Public Works ' city engineer or his designee is assigned the responsibility to coordinate and deal with all aspects of these regulations. Section 2: Section 26-803 of the Code is amended to read: Sec. 26-803. General provisions. A. Jurisdiction. The provisions of this article shall apply to all lands within the Flood Regulatory District as defined on the official maps and engineering reports of the City of Wheat Ridge. I NOTE: The term "city engineer" is no longer used, therefore we have replaced this with either the Director of Public Works or the Floodplain administrator throughout this Article. ZOA-08-09/Floodplain 5 B. District types. The Flood Regulatory District covers the area inundated by the 100-year flood. The Flood Regulatory District has been divided into two (2) subdistricts: The Floodway District and the Flood Storage District. The Flood Regulatory District, the Floodway District, and the Flood Storage District are not separate zoning districts, but are overlay districts over existing zoning districts. In addition to meeting the conditions of the underlying zoning district, any property to be developed in the Flood Regulatory District must meet the conditions of the applicable overlay flood district. C. District determination. All properties within the boundaries of the 100-year flood as shown on the current flood insurance rate map for the City of Wheat Ridge, shall be in either the Floodway or Flood Storage District and shall be subject to the requirements of sections 26-805 Floodway District, or 26-806 Flood Storage District, respectively. D. Boundaries. The boundaries of the Flood Regulatory District, Floodway District and Flood Storage District have been defined by computing the 100-year flood limits under existing channel and floodplain conditions as shown on the official maps and engineering reports. The boundaries of the Flood Regulatory District, Floodway District and the Flood Storage District shall be as they appear on the official maps and engineering reports kept on file in the office of the Floodplain Administrator city eriginee . The boundary lines on the map shall be determined by the use of the scale and other surface features appearing on the map. When there is a conflict between the boundary lines illustrated on the map and the actual field conditions, the dispute shall be settled according to section 26-808. 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. Clear Creek: Clear Creek Floodplain Revisions at McIntyre Overflow - Letter Report by Icon Engineering dated October 27, 2008. 2 2 NOTE: This subsection added per ZOA-08-05. ZOA-08-09/Floodplain 6 4. 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 What 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, (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1293, § 1, 6-9-03; Ord. No. 1411, § 1, 3-24-08) Section 3: Section 26-806 of the Code is amended to read: Sec. 26-806. Flood Storage District. F. Development standards. The following regulations shall apply to all permitted development and uses within the Flood Storage District: 1. All new structures which are walled and roofed and greater than one hundred twenty (120) square feet in size must be elevated one (1) foot above the base flood elevation. 2. All development shall be evaluated based on any analysis of an equal degree of encroachment based on conveyance of the 100-year flood extending for a significant reach on both sides. 3. No Flood Storage District uses shall adversely affect the efficiency of or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. 4. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure and to withstand hydrodynamic loads. 5. All new construction, and substantial improvements, and fences shall be constructed with materials and utility equipment resistant to flood damage. 16 All f h ll b d i d th t th b tt ti t f i f . ences s a e es gne se a e o om por on, exeep er suppe l d 1 f ft ng ence posts, at e evate ene ( ) eet .e fl'u~ u..Yalain a.7ministratm r-. 3 a NOTE: In consultation with the Floodplain Administrator, the application of standards for fences in the floodplain is the primary source of inflexibility in these standards. With this, we have suggested removing this provision and adding language in subsection 5 above to ensure that fences do not have an adverse impact on the floodplain. ZOA-08-09/Floodplain 7 Section 4: Section 26-808 of the Code is amended to read: See. 26-808. Administration. A. Floodplain administrator. The Director of Public Works city engineer of the City of Wheat Ridge or his designee shall be the floodplain administrator. The duties of the administrator shall include, but not be limited to: 1. Coordination between departments and divisions: a. Coordinate the application, permit, review, appeal, certification and enforcement processes between the office of the Floodplain Administrator eity enginee and the department of community development's divisions of planning, building, and code enforcement as appropriate to ensure compliance with these regulations and an efficient use of staff. ZOA-08 -09/Floo dplain NOTICE OF PUBLIC HEARINGS Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on December 18, 2008, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 291h Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. The following cases shall be heard: Case No. WZ-08-08 (rescheduled from December 4, 2008 due to lack of a quorum): An application filed by Coors Brewing Company to establish zoning of Agricultural-One (A-1) for land recently annexed into the City of Wheat Ridge generally located west of Lot 9 of Cabela's/Coors Subdivision, north of Clear Creek and south of State Highway 58 at Indiana Street extended. Case No. ZOA-08-06: An ordinance amending Chapter 26 concerning zoning district boundary discrepancies and interpretations. Case No. ZOA-08-07: An ordinance amending Chapter 26 concerning amendments to development plans. Case No. ZOA-08-08: An ordinance amending Chapter 26 concerning City-initiated rezonings. Case No. ZOA-08-09: An ordinance amending Chapter 26, Article VII concerning floodplain administrator decision-making authority & floodplain development standards. Kathy Field, Administrative Assistant ATTEST: Michael Snow, City Clerk To Be Published: Wheat Ridge Transcript Date: December 11, 2008 Case No.: Zppp 309 App: Last Name: Citywide App: First Name: Owner: Last Name: Owner: First Name: _ App Address: - City, State Zip: 1 App: Phone: Owner Address: City/State/Zip: r Owner Phone: _ Project Address: Street Name: City/State, Zip: ~ - Quarter Section Map No Related Cases: Case History: Ordinance amending Chapter 26, Article VII concerning floodplain dministrator Review Body: APN: 2nd Review Body: 2nd Review Date: Decision-making Body: Approval/Denial Date: Reso/Ordinance No.: Case Disposition: Project Planner: Hirt File Location: Notes: Follow-Up: PC: 12Y18108 CC Conditions of Approval: District: _.J Date Received: 1212/2008__, J Pre-App Date: i e City of Wheatldge COMMUNITY DEVELOPMENT Memorandum TO: Planning Division FROM: Jeff Hirt, Planner DATE: October 10, 2008 SUBJECT: Floodplain Administrator Zoning Code Amendment One of the short term amendments proposed to the zoning code is the allowance for more administrative flexibility for minor floodplain permits. A first draft was submitted to Tim Paranto, the Floodplain Administrator for review and comment. This draft incorporates his comments from that draft. Based on these comments, the changes made are minor in nature and include the following: • Changing the title of "city engineer" to Director of Public Works and/or Floodplain Administrator. • The only issue he expressed regarding the lack of flexibility was specific to fences. He felt the regulations were adequate for all other types of development in the floodplain. With this, the restriction for fences to always be 1 foot above base flood elevation has been eliminated. The new language combines fences with other types of development in terns of mitigating flood impacts - which may or may not entail elevating the fence 1 foot above base flood elevation. Paces 4 and 5 of this memo indicate this change. ARTICLE VIII. FLOODPLAIN CONTROL See. 26-802. Definitions. Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage, so as to be consistent with the definition given the term in other portions of this zoning code, and to give these regulations their most reasonable application. Floodplain administrator. Thereetor„ofulck. 3~oYkS t eity-engrzeer or his designee is assigned the responsibility to coordinate and deal with all aspects of these regulations. See. 26-803. General provisions. A. Jurisdiction. The provisions of this article shall apply to all lands within the Flood Regulatory District as defined on the official maps and engineering reports of the City of Wheat Ridge. NOTE: The term "city engineer" is no longer used, therefore we have replaced this with either the Director of Public Works or the Floodplain administrator throughout this Article. B. District types. The Flood Regulatory District covers the area inundated by the 100-year flood. The Flood Regulatory District has been divided into two (2) subdistricts: The Floodway District and the Flood Storage District. The Flood Regulatory District, the Floodway District, and the Flood Storage District are not separate zoning districts, but are overlay districts over existing zoning districts. In addition to meeting the conditions of the underlying zoning district, any property to be developed in the Flood Regulatory District must meet the conditions of the applicable overlay flood district. C. District determination. All properties within the boundaries of the 100-year flood as shown on the current flood insurance rate map for the City of Wheat Ridge, shall be in either the Floodway or Flood Storage District and shall be subject to the requirements of sections 26-805 Floodway District, or 26-806 Flood Storage District, respectively. D. Boundaries. The boundaries of the Flood Regulatory District, Floodway District and Flood Storage District have been defined by computing the 100-year flood limits under existing channel and floodplain conditions as shown on the official maps and engineering reports. The boundaries of the Flood Regulatory District, Floodway District and the Flood Storage District shall be as they appear on the official maps and engineering reports kept on file in the office of the FToodglain #Vdnuri Strator ?t; onginee . The boundary lines on the map shall be determined by the use of the scale and other surface features appearing on the map. When there is a conflict between the boundary lines illustrated on the map and the actual field conditions, the dispute shall be settled according to section 26-808. E. Interpretation. In the interpretation and application of these floodplain regulations, these provisions shall be held to be minimum requirements, shall be liberally construed in favor of the governing body, and shall not be deemed a limitation or repeal of any other powers granted by Colorado Statutes or the Charter or ordinances of the City of Wheat Ridge. F. Warning and disclaimer of liability. The degree of flood protection intended to be provided by these floodplain regulations is considered reasonable for regulatory purposes and is based on nationally recognized and/or published engineering and scientific methods of study. Larger floods may occur on occasions or the flood height may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. These regulations do not imply that areas outside Flood Regulatory District boundaries or land uses permitted within such districts will always be totally free from flooding or flood damage. Anyone constructing new structures within the Flood Regulatory District is accepting complete responsibility for non- regulated events. These regulations shall not create a liability on the part of or a cause of action against the City of Wheat Ridge or any officer or employee thereof for any flood damages that may result from reliance on these regulations. 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 2 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 What 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, (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1293, § 1, 6-9-03; Ord. No. 1411, § 1, 3-24-08) Sec. 26-806. Flood Storage District. A. Application and description. These regulations shall apply to all properties designated as within the Flood Storage District. B. Permitted uses. The permitted uses in the flood storage district are the same as those uses permitted in section 26-805B. However, in the Flood Storage District, special exemption permits may be applied for as specified in paragraphs C. and D. C. Special exceptions--Class L Any use enumerated in this paragraph may be permitted only upon the issuance of a Class I special exception permit by the floodplain administrator as provided in section 26-808C. and in compliance with subsection F., of this section. 1. Structures for non-human occupancy. Fences, sheds, signs and accessory buildings may be permitted only upon a finding that the structures do not create a negative impact on the base flood elevation or flow velocity. 2. Structures for human occupancy. Improvements to existing structures may be permitted only upon a finding that the improvements proposed are not substantial improvements, as defined in section 26-802. 3. Fill or deposition of material. Fills or deposition of materials may be permitted only upon a finding that the proposed plan will comply with subsection F., of this section. D. Special exceptions--Class IL Any use enumerated in this paragraph may be permitted only upon the issuance of a Class II special exception permit by the board of adjustment as provided in section 26-808 and in compliance with subsection F., of this section. 1. Structures.for human occupancy. New construction or substantial improvement of any 3 residential, commercial, industrial or other nonresidential structure may be permitted only upon a certification by a registered professional engineer to the floodplain administrator that the lowest floor, including basement, is elevated to one (1) foot or more above the base flood elevation. 2. Manufactured homes. New manufactured home parks and manufactured home subdivisions, expansions of existing manufactured home parks and manufactured home subdivisions, and existing manufactured home parks and manufactured home subdivisions where the repair, reconstruction or improvement of the street utilities exceeds fifty (50) percent of the fair market value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced, and for manufactured homes not placed in a manufactured home park or manufactured home subdivision, may be permitted only upon a certification by a registered professional engineer to the floodplain administrator that: a. All manufactured homes or those to be substantially improved shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one (1) foot or more above the base flood elevation and is securely anchored to an adequately anchored foundation system. Manufactured homes shall be anchored in accordance with subsection F.12., of this section. b. Adequate surface drainage and access for a hauler will be provided E. Prohibited uses hazardous materials. The storage or processing of materials that are buoyant, flammable or explosive, or any hazardous liquid or soluble matter which in times of flooding could be injurious to human, animal or plant life shall be prohibited within the Flood Storage District. F. Development standards. The following regulations shall apply to all permitted development and uses within the Flood Storage District: 1. All new structures which are walled and roofed and greater than one hundred twenty (120) square feet in size must be elevated one (1) foot above the base flood elevation. 2. All development shall be evaluated based on any analysis of an equal degree of encroachment based on conveyance of the 100-year flood extending for a significant reach on both sides. 3. No Flood Storage District uses shall adversely affect the efficiency of or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. 4. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure and to withstand hydrodynamic loads. 5. All new construction, and substantial improvements, antenees shall be constructed with materials and utility equipment resistant to flood damage. 6. All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damage. 4 7. Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 8. All development proposals shall have adequate drainage provided to reduce exposure to flood damage. 9. All new and replacement water supply, sanitary sewage, or onsite disposal systems shall be designed and located so as to minimize or eliminate infiltration of floodwaters into them and discharge from the systems into floodwaters. 10. All subdivision proposals shall be consistent with the need to minimize flood damage. 11. All development proposals shall have public utilities and facilities, such as sewer, gas, electrical, and water systems, located and constructed to minimize flood damage. 12. All manufactured homes to be placed within the Flood Regulatory District must be elevated and anchored to resist flotation, collapse or lateral movement and capable of resisting the hydrostatic and hydrodynamic loads created by the 100-year flood. Methods of anchoring may include, but are not limited to, use of over-the-top and frame ties to ground anchors. Specific requirements may be: a. Over-the-top ties shall be provided at each of the four (4) corners of the manufactured home, with two (2) additional ties per side at intermediate locations and manufactured homes less than fifty (50) feet long requiring one (1) additional tie per side; b. Frame ties shall be provided at each corner of the home, with five (5) additional ties per side at intermediate points and manufactured homes less than fifty (50) feet long requiring four (4) additional ties per side; c. All components of the anchoring system shall be capable of carrying a force of four thousand eight hundred (4,800) pounds; and d. Any additions to the manufactured home shall be similarly anchored. 13. Any fill or deposition of materials must be shown to have some beneficial purpose and the amount thereof will not be greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the final dimensions of the proposed fill or other material and the use to which the filled land will be put. 14. Any fill or deposition that does reduce hydraulic capacity shall require appropriate hydraulic studies including an equal degree of encroachment analysis and a review of the urban impact of such reduction. 15. Any fill or deposition will be protected against erosion by riprap, strong vegetative cover, bulkheading, or other accepted means of erosion protection. £ Ree posts 16. All fenees shall 1, designed Y se that the 1...44,.... Y«,..-t.,.., except F r supporting r 1 d one (1) feet above base fl d elevation or in a lira. a • design if appr. yed by the are 5 z (Ord. No. 2001-1215, § 1, 2-26-01) See. 26-808. Administration. A. Floodplain administrator. The Director of Public Works eity engine of the City of Wheat Ridge or his designee shall be the floodplain administrator. The duties of the administrator shall include, but not be limited to: 1. Coordination between departments and divisions: a. Coordinate the application, permit, review, appeal, certification and enforcement processes between the office of the Floctdjilairl~ Admini tratoz eity engineer and the department of community development's divisions of planning, building, and code enforcement as appropriate to ensure compliance with these regulations and an efficient use of staff. b. All applications and certifications shall be submitted to the department of community development from which further routing shall occur. c. All administrative decisions require the property to be posted for fifteen (15) days. If no protests are filed, the permit may be issued by the floodplain administrator. If a protest is filed, then a hearing before the board of adjustment will be scheduled. 2. Development permit review: a. Review all development permits, which includes building, miscellaneous and fill permits, to detennine whether a property is within the Flood Regulatory District and that the applicable requirements of these regulations have been satisfied. b. Review all development permits to determine that all necessary permits have been obtained from federal, state or local governmental agencies from which prior approval is required. 3. Information to be obtained and maintained: a. Obtain certification from applicant's engineer or architect and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures. b. Maintain for public inspection all records pertaining to the provisions of these regulations. c. All records required by these regulations shall be maintained with the associated development permits in the department of community development. 4. Use of other base flood data. When base flood elevation data has not been provided by the applicant or his representative, the floodplain administrator may obtain, review, and reasonably ' NOTE: In consultation with the Floodplain Administrator, the application of standards for fences in the floodplain is the primary source of inflexibility in these standards. With this, we have suggested removing this provision and adding language in subsection 4 above to ensure that fences do not have an adverse impact on the floodplain. 6 utilize any base flood and floodway elevation data available from federal, state or other sources as criteria for requiring that new construction, substantial improvements or other development in the Flood Regulatory District in order to administer subsections 26-806C., D. and F. 5. Alteration or relocation of watercourses a. No alteration or relocation of a watercourse shall occur without the approval of the floodplain administrator. Consideration of gravel extraction operations shall be in accordance with state law (C.R.S. § 3-4-1-301). b. Upon receiving approval, the applicant shall notify adjacent communities and the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency. The applicant shall provide all data required by the Federal Emergency Management Agency for a letter of map revision. c. The carrying capacity of an altered or relocated watercourse shall be maintained. 6. Interpretation offood insurance rate map (FIRM) boundaries. The floodplain administrator shall make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection B., below. B. Mapping disputes. The following procedure shall be used by the floodplain administrator in deciding contested cases in which the location of a district boundary is disputed: 1. In all cases, the person contesting the location of the district boundary shall be given a reasonable opportunity to submit his own technical evidence if he so desires. The floodplain administrator shall not allow deviations from the boundary line as mapped. If the evidence clearly and conclusively establishes that the mapped location of the line is incorrect, a Federal Emergency Management Agency letter of map revision must be completed by the applicant prior to the issuance of a building permit. 2. The administrator shall render a written opinion within thirty (30) days following receipt of the applicant's technical evidence setting forth the findings of fact and the reasons for the decision. 3. Contestants shall have the right to appeal such decisions to the board of adjustment. Application for appeal must be made within thirty (30) days. C. Special exception permits: 1. Application. There shall be two (2) types of special exception permits: Class I and Class II. Any use listed in section 26-806C. (special exceptions--Class I) may be allowed only upon issuance of a Class I special exception permit by the floodplain administrator. Any use listed in section 26-806D. (special exceptions--Class 11) may be allowed only upon issuance of a Class II special exception permit by the board of adjustment. The approval of either special exception 7 permit does not substitute for any other permit that may be required by city ordinance, such as building, miscellaneous, or fill permits. 2. Submittal requirements. Pursuant to a special exception permit application, the administrator may: a. Require the applicant to submit, at the time of application, a plan certified by a registered engineer, competent in open-channel hydraulics, which accurately locates the applicant's property with respect to the Flood Regulatory District limits, channel of stream, existing Flood Regulatory District developments, together with all pertinent information such as: the nature of the proposal; legal description of the property; fill limits and elevations; building's lowest floor elevations in relation to the datum used on the Federal Emergency Management Agency map and study; floodproofing measures and elevation in relation to mean sea level to which any structure has been floodproofed; a report covering the effects of equal degree of encroachment of other nearby residents of the Flood Regulatory District; and a description to the extent to which any watercourse will be altered or relocated as a result of the proposed development. In addition, all subdivision proposals and other proposed new developments which are located in any Flood Regulatory District shall include within such proposals base flood elevations. b. Require the applicant to furnish as much of the following additional information as is deemed necessary by the floodplain administrator for the evaluation of the effects of the proposal upon flood flows and floodplain storage and to render a decision on the proposed Flood Regulatory District use: (1) A typical valley cross-section showing the channel of the stream, the floodplain adjoining each side of the channel, cross-sectional area to be occupied by the proposed development, and high-water information. (2) Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply and sanitary facilities; soil types; and other pertinent information. (3) Profile showing the slope of the 100-year flood and the bottom of the channel or thalweg of the stream. (4) Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. (5) Hydraulic calculations for all proposed channelization. 3. Factors upon which the decision shall be based. The determination of the floodplain administrator or the board of adjustment on each special exemption permit shall be based on the effects of the proposed project with respect to the objectives and purpose of these regulations as stated in section 26-801. 4. Conditions attached to special exception permits. Upon consideration of the factors listed above and purposes of these regulations, the floodplain administrator or board of adjustment may attach such conditions as deemed necessary in furthering the purposes of these regulations. A copy of these conditions shall be presented to the applicant and a copy of these conditions shall 8 be transmitted to the chief building inspector, which shall be kept on file. Such conditions may include specifications for, without limitation because of specific enumeration, modification of sewage disposal and water supply facilities, modification of other waste disposal methods and facilities, landscaping periods of operation, operational controls, sureties, deed restrictions, and adequate floodproofing. a. Floodproofing: Special exception permits requiring floodproofing measures such as the following shall be designed consistent with the flood protection elevation for the particular area and flood velocities, forces and other factors associated with the flood protection elevation. The floodplain administrator shall require that the applicant submit a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the flood protection elevation for the particular area. Floodproofing measures may include the following: (1) Anchorage to resist flotation and lateral movement. (2) Installation of watertight doors, bulkheads and shutters. (3) Reinforcement of walls to resist water pressures. (4) Use of paints, membranes or mortars to reduce seepage of water through walls. (5) Addition of mass or weight to structures to resist flotation. (6) Installation of pumps to lower water levels in structures. (7) Construction of water supply and waste treatment systems to prevent the entrance of floodwaters. (8) Pumping facilities for subsurface drainage systems for buildings to relieve external foundation wall and basement floor pressures. (9) Construction to resist rupture or collapse caused by water pressure or floating debris. (10) Cutoff valves on sewer lines or the elimination of gravity flow basement drains. Furthermore, measures must be taken to ensure that the construction does not in any way cause the 100-year flood to become more damaging to other residents within the Flood Regulatory District. 5. Class 1 special exemption permits; timeliness of decision. The floodplain administrator shall render, within thirty (30) days of receipt of all necessary application documents and materials, a written decision granting or denying a permit application. If a denial is made, the decision shall set forth the administrator's findings of fact and reasons for the denial. In the event the floodplain administrator fails to render a decision within said thirty (30) days, it shall be deemed that the application is denied and applicants shall have a right to appeal as provided herein. Applicants shall have the right to appeal any adverse decision to the board of adjustment. Such application for appeal must be made within thirty (30) days from the date of the floodplain administrator's decision. D. Review by the board of adjustment. 1. The board of adjustment of the City of Wheat Ridge shall hear and decide appeals of Class I special exemption permits which have been denied by the floodplain administrator and requests for Class II special exemption permits as provided within these regulations. 9 2. The board of adjustment shall hear and decide appeals of Class I special exemption permits when it is alleged there is an error in any requirement, decision or determination made by the floodplain administrator in the enforcement or administration of these regulations. 3. Those aggrieved by the decision of the board of adjustment may appeal such decisions to the Jefferson County District Court, as provided by the Wheat Ridge Code of Laws. 4. In passing upon such application, the board of adjustment shall consider all technical evaluation, all relevant factors, standards specified in other sections of these regulations, and: a. The danger that materials may be swept into other lands to the injury of others; b. The danger to life and property due to flooding or erosion damage; c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; d. The importance of the services provided by the proposed facility to the community; e. The necessity to the facility of a waterfront location, where applicable; f. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; g. The compatibility of the proposed use with the existing and anticipated development; h. The relationship of the proposed use to the comprehensive development plan and floodplain management program for the area; i. The safety of access to the property during times of flood for ordinary and emergency vehicles; j. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site; k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as sewer, gas, electrical, and water systems, streets and bridges. 5. Upon consideration of the factors of subsection DA., above, the board of adjustment may attach such conditions to the granting of special exemption permits as it deems necessary to further the purposes of these regulations. 6. The floodplain administrator shall maintain the records of all appeal actions, including technical information, and report any special exemption permits to the Federal Emergency Management Agency, upon request. E. Conditions for special exemption permits. 1. Special exemption permits may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places, without regard to the procedures set forth in the remainder of this section. 2. Special exemption permits shall not be issued within any designated Floodway District. 3. Special exemption permits shall only be issued upon a detennination that the special exemption permit is the minimum necessary, considering the flood hazard, to afford relief. 10 4. Special exemption permits shall only be issued upon: a. A showing of good and sufficient cause; b. A determination that failure to grant the special exemption pennit would result in exceptional hardship to the applicant; and c. A determination that the granting of a special exemption permit will not result in increased flood heights, additional threats to public safety, extraordinary public expense or create nuisances, cause fraud on or victimization of the public as identified in section 26-801(c), or conflict with existing local laws or ordinances. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1288, 1, 2, 5-12-03) 11 City of Whea-tPdge COMMUNITY DEVELOPMENT Memorandum TO: Tim Paranto, Director of Public Works FROM: Jeff Hirt, Planner DATE: October 2, 2008 SUBJECT: Floodplain Administrator Zoning Code Amendment One of the short term amendments proposed to the zoning code is the allowance for more administrative flexibility for minor floodplain permits. In evaluating the floodplain regulations in Article VIII, a very simple solution has been proposed. The recommended language is attached to this memo. Please review and provide comment as to whether or not you feel this will provide you the flexibility necessary. Summary of Change • The change addresses only Class I special exception permits, which are the more minor of the two types. • Section 26-806.C of the current code states that Class I permits may be issued if in compliance with subsection F - which is the list of development standards for floodplain development (e.g., anchoring, new structures 1 foot above base flood elevation, etc.) It does not state in this section that compliance with the development standards is mandatory. • Section 26-806.17 lists the development standards, with the introductory statement "The following regulations shall apply to all permitted development and uses within the Flood Storage District". This is where I interpret the lack of flexibility being - with it effectively stating the floodplain administrator can only approve special exception permits if they meet all of the development standards, without any allowance for waivers. • Recommendation change the language to "The following regulations shall apply to be usodyb tll~.ti4©dp)ain adnrnrstratgk }p evaluate all permitted development and uses within the Flood Storage District". This will change the list of development standards to act more as criteria rather than inflexible standards. A summary of the changes are also provided in the footnotes. Please note the question in footnote 41. The question basically is whether or not we want to allow any type of development/structures in the floodplain without a special exception permit, or if the intent is to allow development/structures with the special exception permit - but with more flexibility within this process. Suggested New Code Language See. 26-806. Flood Storage District. A. Application and description. These regulations shall apply to all properties designated as within the Flood Storage District. B. Permitted uses. The permitted uses in the flood storage district are the sarne as those uses permitted in section 26-805B. However, in the Flood Storage District, special exemption permits may be applied for as specified in paragraphs C. and D. C. Special exceptions--Class I. Any use enumerated in this paragraph may be permitted only upon the issuance of a Class I special exception permit by the floodplain administrator as provided in section 26-808C. and in compliance with subsection F., of this section.' 1. Structures for non-human occupancy. Fences, sheds, signs and accessory buildings may be permitted only upon a finding that the structures do not create a negative impact on the base flood elevation or flow velocity. 2. Structures for human occupancy. Improvements to existing structures may be permitted only upon a finding that the improvements proposed are not substantial improvements, as defined in section 26-802. 3. Fill or deposition of material. Fills or deposition of materials may be permitted only upon a finding that the proposed plan will comply with subsection F., of this section. D. Special exceptions--Class H. Any use enumerated in this paragraph may be permitted only upon the issuance of a Class II special exception pen-nit by the board of adjustment as provided in section 26-808 and in compliance with subsection F., of this section. 1. Structures for human occupancy. New construction or substantial improvement of any residential, commercial, industrial or other nonresidential structure may be permitted only upon a certification by a registered professional engineer to the floodplain administrator that the lowest floor, including basement, is elevated to one (1) foot or more above the base flood elevation. 2. Manufactured homes. New manufactured home parks and manufactured home subdivisions, expansions of existing manufactured home parks and manufactured home subdivisions, and existing manufactured home parks and manufactured home subdivisions where the repair, reconstruction or improvement of the street utilities exceeds fifty (50) percent of the fair market value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced, and for manufactured homes not placed in a manufactured home park or manufactured home subdivision, may be permitted only upon a ' QUESTION: This section states that a floodplain exception pennit is required for all development/structures in the flood storage district. Do we want to still require this type of permit for all development/structures, but eliminate the need for all of the development standards in subsection F. to be met? In other words, is the intent of the new flexibility to be able to approve minor applications administratively without the special exception permit process, or to still require the special exception but allow the floodplain administrator the flexibility to not require all of F. to be complied with? 2 certification by a registered professional engineer to the floodplain administrator that: a. All manufactured homes or those to be substantially improved shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one (1) foot or more above the base flood elevation and is securely anchored to an adequately anchored foundation system. Manufactured homes shall be anchored in accordance with subsection F.12., of this section. b. Adequate surface drainage and access for a hauler will be provided. E. Prohibited uses hazardous materials. The storage or processing of materials that are buoyant, flammable or explosive, or any hazardous liquid or soluble matter which in times of flooding could be injurious to human, animal or plant life shall be prohibited within the Flood Storage District. F. Development standards. The following regulations shall ' i - 1Se nsed.bytlte 'loodplain administrator- to ggargare all permitted development and uses within the Flood Storage District:2 1. All new structures which are walled and roofed and greater than one hundred twenty (120) square feet in size must be elevated one (1) foot above the base flood elevation. 2. All development shall be evaluated based on any analysis of an equal degree of encroachment based on conveyance of the 100-year flood extending for a significant reach on both sides. 3. No Flood Storage District uses shall adversely affect the efficiency of or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. 4. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure and to withstand hydrodynamic loads. 5. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 6. All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damage. 7. Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 8. All development proposals shall have adequate drainage provided to reduce exposure to ' NOTE: Changing this language from stating compliance with the development standards in F. for all development/structures in the flood storage district is required to essentially criteria to guide the decision-making process will provide more flexibility. For instance, with this new language the floodplain administrator will be able to waive the requirement for a fence to be elevated 1 foot above base flood elevation per # 16 below. 3 flood damage. 9. All new and replacement water supply, sanitary sewage, or onsite disposal systems shall be designed and located so as to minimize or eliminate infiltration of floodwaters into them and discharge from the systems into floodwaters. 10. All subdivision proposals shall be consistent with the need to minimize flood damage. 11. All development proposals shall have public utilities and facilities, such as sewer, gas, electrical, and water systems, located and constructed to minimize flood damage. 12. All manufactured homes to be placed within the Flood Regulatory District must be elevated and anchored to resist flotation, collapse or lateral movement and capable of resisting the hydrostatic and hydrodynamic loads created by the 100-year flood. Methods of anchoring may include, but are not limited to, use of over-the-top and frame ties to ground anchors. Specific requirements may be: a. Over-the-top ties shall be provided at each of the four (4) corners of the manufactured home, with two (2) additional ties per side at intermediate locations and manufactured homes less than fifty (50) feet long requiring one (1) additional tie per side; b. Frame ties shall be provided at each corner of the home, with five (5) additional ties per side at intermediate points and manufactured homes less than fifty (50) feet long requiring four (4) additional ties per side; c. All components of the anchoring system shall be capable of carrying a force of four thousand eight hundred (4,800) pounds; and d. Any additions to the manufactured home shall be similarly anchored. 13. Any fill or deposition of materials must be shown to have some beneficial purpose and the amount thereof will not be greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the final dimensions of the proposed fill or other material and the use to which the filled land will be put. 14. Any fill or deposition that does reduce hydraulic capacity shall require appropriate hydraulic studies including an equal degree of encroachment analysis and a review of the urban impact of such reduction. 15. Any fill or deposition will be protected against erosion by riprap, strong vegetative cover, bulkheading, or other accepted means of erosion protection. 16. All fences shall be designed so that the bottom portion, except for supporting fence posts, are elevated one (1) foot above base flood elevation or in a breakaway design if approved by the floodplain administrator. (Ord. No. 2001-1215, § 1, 2-26-01) 4 Page 1 of 1 Jeff Hirt From: Tim Paranto Sent: Tuesday, October 07, 2008 8:39 AM To: Jeff Hirt Subject: RE: Flooplain Amendment - Urban Drainage? Jeff No. We do not need to consult with Urban Drainage on any of these issues Timothy Paranto, P.E. Director of Public Works Office Phone: 303-235-2860 CONFIDENTIALITY NOTICE: This e-mad contains business-confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message fi'om your computer, and any network to which your computer is connected. Thank you. From: Jeff Hirt Sent: Tuesday, October 07, 2008 8:34 AM To: Tim Paranto Subject: Flooplain Amendment - Urban Drainage? Tim - one question I meant to ask you yesterday re: the floodplain ordinance. Do you think we need to involve urban drainage in any amendments? I would think as long as they are minor in nature no - but I'm not sure. Jeff Hirt Planner II 7500 W. 24th Avenue Whcat Ridge. Colorado 80033 Office Phone: 303-235-2849 Fax: 303-234-2857 ,A<vv~%ci.wheartidge.co.us CONFIDENTIALITY NOTICE: This e-mail contains business-confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message turn your computer, and any network to which your computer is connected. Thank you. 10/07/2008