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HomeMy WebLinkAboutZOA-15-04City Council Minutes September 14, 2015 Page 3 Griff Worth (WRHS principal) thanked the City for supporting the Farmers 5000. He had t -shirts for the Council. He listed additions for the event this year - a cow pie bingo and tractor trailer ride for kids on Sunday morning, and a spaghetti dinner at the school on Saturday night. - He also announced the school's partnership with Lutheran Hospital for three events. (See www.l)inkshowdown.com for details) The 2"d Annual Pink Showdown football game (WR vs Dakota Ridge) Thursday, September 24, 4pm, Jeffco Stadium, in support of breast cancer awareness. • Ticketed event: The Pink Showdown Pep Rally, Wednesday, September 23, 7pm, WRNS Auditorium, featuring Shelley Smith, ESPN reporter, WRNS Alumni ('75) and recent breast cancer survivor. • Ticketed event: A Homecoming - "A Night with Freddie Steinmark and Friends" with Bower Yousse, Wednesday, September 30, 7pm, WRHS Auditorium, with keynote presentation and book signing - Faith, Family, Football. The actor who plays Freddie in the movie will be present. • Homecoming game to honor Freddie Steinmark, Thursday October 1, 7pm, Jeffco Stadium. Wear #43 in his honor. "My All American," the movie based on Freddie's story, will open in theaters Friday, November 13. APPROVAL OF AGENDA Councilmember Starker asked Council to join him in requesting that the announcement of the 6:45 Pre -meeting be removed from the Agenda as this meeting doesn't take place and hasn't for some time. Clerk Shaver said she would pass that on to the people who prepare the agenda. Mayor Jay listed the candidates who are running for City Council, Treasurer, and Clerk this year. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill 19-2015 - An ordinance amending Chapter 26, Article VIII, of the Wheat Ridge Code of Laws concerning Floodplain Regulations Councilmember Pond introduced Council Bill 19-2015. These amendments will introduce additional safeguards to improve public safety, enhance hazard protection, and provide potential savings for residents in flood zones. Clerk Shaver assigned Ordinance 1581. Mayor Jay opened the public hearing, Mark Westberg gave the staff presentation. Major provisions include: • Landlords must disclose floodplain status to tenants Lot surveys must show the floodplain boundaries City Council Minutes September 14, 2015 Page 4 Construction sites must be staked to show the limits of the floodplain No new septic systems in the flood plain These steps will add 41 points to the City's floodplain status. With 2021 points we are currently rated a Class 6, which only 7 communities in Colorado have. This provides a 20% discount on flood insurance for folks in floodplains. New ratings have been delayed a year because the floodplain people have been busy the last two years, but he still thinks we can get to Class 5, which only 3 other communities have. This will give a 25% discount. A Watershed Masterplan will be required to reach Class 4. There was no discussion. Mayor Jay closed the public hearing. Motion by Councilmember Pond to approve Council Bill No. 19-2015, an ordinance amending Chapter 26, Article VIII, of the Wheat Ridge Code of Laws, concerning floodplain regulations on second reading , and that it take effect 15 days after final publication; seconded by Councilmember Starker; carried 7-0. ORDINANCES ON FIRST READING 2. Council Bill 21-2015 — An ordinance amending Sections 16-224, 16-225 and 16- 226 of the Wheat Ridge Code of Laws, concerning Massage Parlors, to delete references to obsolete State Statutes and clarify Statutory Authority Councilmember DiTullio introduced Council Bill 21-2015. This ordinance will delete references to three obsolete state statutes that were repealed as of August 5, 2015. The City will retain its right to license and regulate massage parlors (establishments that employ non -licensed massage therapists). Motion by Councilmember DiTullio to approve Council Bill 21-2015, an ordinance amending Sections 16-224, 16-225 and 16-226 of the Wheat Ridge Code of Laws, concerning massage parlors, to delete references to obsolete state statutes and clarify statutory authority, on first reading, order it published, public hearing set for Monday, September 28, 2015, at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication, seconded by Councilmember Pond; carried 6-1, with Councilmember Urban voting no. DECISIONS, RESOLUTIONS AND MOTIONS 3. Resolution 38-2015 — a resolution supporting the Jefferson County Library Mill Levy Increase on the November 3, 2015 Ballot Councilmember Wooden introduced Resolution 38-2015, The Jefferson County Library Trustees are seeking to increase the Library's mill levy from 3.5 mills to 4.5 mills. This would add about $1.95 per month to the average homeowner's City of Wheat Rloge ITEM NO: -• DATE: September 14, 2015 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 19-2015 - AN ORDINANCE AMENDING CHAPTER 26, ARTICLE VIII, OF THE WHEAT RIDGE CODE OF LAWS CONCERNING FLOODPLAIN REGULATIONS ® PUBLIC HEARING ❑ ORDINANCES FOR 1 IT READING (08/10/2015) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING (09/14/2015) ❑ RESOLUTIONS QUASI-JUDICIAL: ❑ YES Director ofPublic orks -04m4b I Cit), Manager ISSUE: The Community Rating System (CRS) is a voluntary incentive program managed by the National Flood Insurance Program (NFIP). The CRS program recognizes and encourages floodplain management that exceeds minimum NFIP standards and in turn provides discounted flood insurance rates to the community. The proposed amendments are recommended for several reasons, but fundamentally because they introduce additional safeguards that improve public safety, enhance hazard protection, and provide potential savings for residents in flood zones. This requires an amendment to Chapter 26, Article Vill. of the Wheat Ridge Code of Laws pertaining to floodplain control. PRIOR ACTION: Staff conducted a public meeting on July 1, 2015 to convey the proposed ordinance changes to residents, especially those in the floodplain. Staff mailed notices of the meeting to all property owners who have property in the floodplain. This meeting was similar to a meeting held in 2013, when the City adopted the new floodplain maps and state regulations. The meeting was well attended with around 20 property owners present. Council Action Form - Floodplain Control September 14. 2015 Page 2 The proposed ordinance changes were presented to Planning Commission on July 16. 2015. After some discussion. Planning Commission unanimously recommended approval of the changes for the following reasons: I . Improves public health, safety, and welfare 2. Prevents future problems associated with new septic systems in the floodplain 3. Clarifies the floodplain limits by showing them on lot surveys 4. Guards against construction within the floodplain by requiring the boundaries to be staked on construction sites 5. Alerts tenants to the floodplain status of the property before signing a lease This item was previously reviewed by the City Council at the April 27, 2015 Study Session. FINANCIAL IMPACT: There is no financial impact to the City. The current Class 6 rating currently allows residents a 20% discount for floodplain insurance, and if the City is able to raise the rating to a Class 5, the discount will increase to 25%. BACKGROUND: Congress approved legislation in 2012 and 2013 in an attempt to make the NF1P sustainable after the impacts of hurricanes Katrina. Ivan, and Sandy. That legislation included provisions to raise the insurance rates for many property owners and renters to full risk rates, which can be substantially higher than their current rates. For this reason, staff considers keeping or improving the CRS rating and discount critical. The City's floodplain program will be reviewed next year as a part of a CRS recertification that occurs every five years. This recertification was originally scheduled for this year; however, it has been delayed by the CRS coordinator. The CRS manual was revised in 2013 and as a result, staffhas been continuously reviewing the City's program to see if the City's rating could be maintained or improved. The City's current rating is a Class 6, which results in a 20% discount for most residents with floodplain insurance. At the April 27`x' Study Session, staff reported that they believed the City can not only keep its Class 6 rating, but with some additional effort the City may also be able to raise that rating to a Class 5, which would provide a 25% discount. Staff conducted that analysis using the revised CRS manual. Because of the delay in the recertification, staff will be required to do the routine annual verification using the previous CRS manual. Staff recently reviewed the City's program with the previous CRS manual and still believes that a Class 5 rating can be achieved. Only three other communities in Colorado are rated at a Class 5 or above. During staffs review of both CRS manuals, the following changes could be made to the City's ordinances to improve the rating: Council Action Form - Floodplain Control September 14, 2015 Page 3 • Prohibit new septic systems in the floodplain - Currently, the City does not allow new septic systems except in cases of extreme hardship. This would prohibit new septic systems in floodplains in all cases. This requirement would prevent installation of a system that would likely back-up into a house during a flood. • Require lot surveys to show the limits of the floodplain - This would only apply in instances when lot surveys are required as part of a building permit. With the floodplain mapping capabilities that are now available with the City's GIS system and the mapping available from the Urban Drainage and Flood Control District (UDFCD) and the Federal Emergency Management Association (FEMA). this is not expected to be a burdensome requirement. The City can provide information to applicants so the boundaries of the floodplain can easily be added to the lot surveys. This would only be required for properties that straddle a boundary of the floodplain, in which case it is important to confirm that new construction is definitively outside of the floodplain. • Require construction sites to be staked to show the limits of the floodplain. As noted above, with available mapping resources this is not expected to be a burdensome requirement. This would help ensure that improvements (including fill) do not creep into the limits of the floodplain. This would only be required for those properties on a boundary of the floodplain. • Landlords must disclose the floodplain status of their rental property. This alerts the current or potential tenants of the floodplain risk and the need to obtain flood insurance for their belongings. Typically, renters insurance will not cover losses caused by flooding. A reminder of this requirement can be included in the annual mailing to floodplain property owners and tenants. Adopting these changes could help improve the City's CRS rating and increase the discount received; but more importantly, the changes would alert tenants and property owners of their flood risk and prevent future problems associated with septic systems and development in floodplains. RECOMMENDATIONS: Staff recommends that the proposed changes to the floodplain ordinance be approved. RECOMMENDED MOTION: " 1 move to approve Council Bill No. 19-2015, an ordinance amending Chapter 26 Article Vill of the Wheat Ridge Code of Laws, concerning floodplain regulations on second reading, and that it take effect 15 days after final publication." 10 "I move to postpone indefinitely Council Bill No. 19-2015, an ordinance amending Chapter 26 Article V 111 of the Wheat Ridge Code of Laws concerning floodplain regulations, for the following reason(s) .11 Council Action Form - Floodplain Control September 14. 2015 Page 4 REPORT PREPARED BY: Mark Westberg, Project Supervisor Scott Brink, Director of Public Works Patrick Goff. City Manager ATTACHMENTS: 1. Council Bill No. 19-2015 2. Planning Commission meeting minutes excerpt -July 16, 2015 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER WOODEN Council Bill No. 19 Ordinance No. Series of 2015 TITLE: AN ORDINANCE AMENDING CHAPTER 26, ARTICLE VIII, OF THE WHEAT RIDGE CODE OF LAWS CONCERNING FLOODPLAIN REGULATIONS WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution: and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-301(1), the City, acting through its City Council (the "Council"), is authorized to adopt rules and regulations concerning the location, construction, occupancy and use of buildings and structures on and along any storm or floodwater runoff channel or basin; and WHEREAS, under such authority, the Council previously adopted floodplain regulations, codified as Article VIII of Chapter 26 of the Wheal Ridge Code of Laws ("Code"), and WHEREAS, the Council desires to amend certain sections of said Article VIII in the interests of promoting compliance with said regulations, prohibiting the location of new septic systems within floodplains and ensuring that tenants are aware of potential floodplain issues. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Paragraph 9 of Subsection 26-806.D. of the Code, concerning development standards for all permitted development and uses within the special flood hazard area, is hereby amended as follows: 9. All new and replacement water supply, AND sanitary sewage, systems AND ALL REPLACEMENT 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. THE LOCATION OF ANY NEW ONSITE DISPOSAL SYSTEM IS PROHIBITED. EXISTING SYSTEMS MAY BE REPAIRED AND MAINTAINED, INCLUDING REPLACEMENT, SUBJECT TO THE REQUIREMENTS OF THIS PARAGRAPH 9. Section 2. Paragraph 4 of Subsection 26-808.C. of the Code, concerning floodplain permit application submittal requirements, is hereby amended by the addition of a new subparagraph e, to read in its entirety as follows: E. THE APPLICANT FOR A BUILDING PERMIT FOR WORK WITHIN A SPECIAL FLOOD HAZARD AREA SHALL INCLUDE AS A PART OF ITS APPLICATION A LOT SURVEY THAT ILLUSTRATES ALL APPLICABLE FLOODPLAIN BOUNDARIES, INCLUDING THE FLOODWAY, IF PRESENT. Attachment 1 Section 3. Section 26-808 of the Code, concerning the administration of the floodplain regulations, is hereby amended by the addition of two (2) new subsections, F and G, to read in their entirety as follows.- F, ollows: F. STAKING AT CONSTRUCTION SITES. THE OWNER OF ANY PROPERTY LOCATED IN WHOLE OR IN PART WITHIN THE SPECIAL FLOOD HAZARD AREA UPON WHICH CONSTRUCTION IS OCCURRING SHALL LOCATE, OR CAUSE TO BE LOCATED, STAKES THAT MARK THE BOUNDARIES OF THE FLOODPLAIN, INCLUDING THE FLOODWAY, IF PRESENT. G. NOTICE TO TENANTS. THE OWNER OF ANY PROPERTY LOCATED IN WHOLE OR IN PART WITHIN THE SPECIAL FLOOD HAZARD AREA THAT IS MADE AVAILABLE FOR RENT, LEASE OR ANY OTHER FORM OF TENANT OCCUPANCY SHALL DISCLOSE TO EACH POTENTIAL TENANT THE EXISTENCE AND BOUNDARIES OF THE FLOODPLAIN ON THE PROPERTY. AT A MINIMUM, SUCH DISCLOSURE MUST BE INCLUDED IN THE LEASE, RENTAL AGREEMENT OR OTHER WRITTEN INSTRUMENT. Section 4. Section 26-810 of the Code, concerning enforcement and penalties for violations of the floodplain regulations, is hereby amended as follows. Sec. 26-810. - Enforcement and penalties. Every structure, building, fill, or development placed or maintained within the SFHA in violation of these regulations is a public nuisance and the creation thereof may be enjoined and maintenance thereof may be abated by action at suit of the City of Wheat Ridge, the state, or any citizen thereof. Any person who places or maintains any structure, building, fill, or development within the SFHA in violation of these regulations OR FAILS TO PERFORM ANY ACT REQUIRED BY THESE REGULATIONS shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand dollars ($1,000.00) or imprisoned not more than one (1) year or both. Each day during which such violation exists is a separate offense. In the event it becomes necessary for the city to bring action to enjoin or abate any such violation of this section, the city shall be entitled to recover, in addition to any fine or penalty imposed hereby, its cost of bringing said action and/or abating any such structure, building, fill, or development placed or maintained within the SFHA. which costs shall include attorneys' fees as well as the actual costs incurred by the city. 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 this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the 2 remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 7. Effective Date. This Ordinance shall take effect fifteen (15) 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 10" day of August, 2015, 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 September 14, 2015, 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 .2015. SIGNED by the Mayor on this day of .2015. ATTEST: Janelle Shaver, City Clerk —Fit t Publication: August 13, 2015 Seco d Publication: Wheat Ridge Transcript Effective Date: Joyce Jay, Mayor Approved As To Form Gerald E. Dahl, City Attorney CA ;� Cily of W heat�icige ITEM NO: DATE: August 10, 2015 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 19-2015 - AN ORDINANCE AMENDING CHAPTER 26, ARTICLE VIII, OF THE WHEAT RIDGE CODE OF LAWS CONCERNING FLOODPLAIN REGULATIONS ❑ PUBLIC HEARING ® ORDINANCES FOR I" READING (08/10/2015) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2N° READING (09/14/2015) ❑ RESOLUTIONS QUASI-JUDICIAL: ❑ YES ® NO Dire for of Pubfifwows City Manager ISSUE: The Community Rating System (CRS) is a voluntary incentive program managed by the National Flood Insurance Program (NFIP). The CRS program recognizes and encourages floodplain management that exceeds minimum NFIP standards and in tum provides discounted flood insurance rates to the community. The proposed amendments arc recommended for several reasons, but fundamentally because they introduce additional safeguards that improve public safety, enhance hazard protection, and provide potential savings for residents in flood zones. This requires an amendment to Chapter 26, Article VIII, of the Wheat Ridge Code of Laws pertaining to floodplain control. PRIOR ACTION: Staff conducted a public meeting on July 1, 2015 to convey the proposed ordinance changes to residents, especially those in the floodplain. Staff mailed notices of the meeting to all property owners who have property in the floodplain. This meeting was similar to a meeting held in 2013, when the City adopted the new floodplain maps and state regulations. The meeting was well attended with around 20 property owners present. Council Action Form — Floodplain Control A ugust 10, 2015 Page 2 The proposed ordinance changes were presented to Planning Commission on July 16. 2015. After some discussion, Planning Commission unanimously recommended approval of the changes for the following reasons: I . It improves public health, safety. and welfare. I. It prevents future problems associated with new septic systems in the floodplain. 3. It clarifies the floodplain limits by showing them on lot surveys. 4. It guards against construction within the floodplain by requiring the boundaries to he staked on construction sites. 5. It alerts tenants to the floodplain status of the property before signing a lease. This item was then review by the City Council at the April 27, 2015 Studv Session. FINANCIAL IMPACT: None BACKGROUND: Congress approved legislation in 2012 and 2013 in an attempt to make the NFIP sustainable after the impacts of hurricanes Katrina. Ivan, and Sandy. That legislation included provisions to raise the insurance rates for many property owners and renters to full risk rates. which can be substantially higher than their current rates. For this reason, staff considers keeping or improving the CRS rating and discount critical. The City's floodplain program will be reviewed next year as a part of a CRS recertification that occurs every five years. This recertification was originally scheduled for this year: however, it has been delayed by the CRS coordinator. The CRS manual was revised in 2013 and as a result, staff has been continuously reviewing the City's current program to see if the City's rating could be maintained or improved. The City's current rating is a Class 6, which results in a 20% discount for most residents with floodplain insurance. At the April 2711' Study Session. staff reported that they believed the City would not only keep its Class 6 rating. but with some additional effort the City would also be able to raise that rating to a Class 5 which provides a 25% discount. Staff conducted that analysis using the revised CRS manual. Because of the delay in the recertification, staff will be required to do the routine annual verification using the previous CRS manual. Staff recently reviewed the City's program with the previous CRS manual and still believes that a Class 5 rating can be achieved. Only three other communities in Colorado are rated at a Class 5 or above. During staffs review of both CRS manuals, the following changes could be made to the City's ordinances to improve the rating: Council Action Form - Floodplain Control August 10, 2015 Page 3 • Prohibit new septic systems in the floodplain - Currently, the City does not allow new septic systems except in cases of extreme hardship. This would prohibit new septic systems in floodplains in all cases. This requirement would prevent installation of a system that would likely back-up into a house during a flood. • Require lot surveys to show the limits of the floodplain - This would only apply in instances when lot surveys are required as part of a building permit. With the floodplain mapping capabilities that are now available with the City's GIS system and the mapping available from the Urban Drainage and Flood Control District (UDFCD) and the Federal Emergency Management Association (FEMA), this is not expected to be a burdensome requirement. The City can provide infonnation to applicants so the boundaries of the floodplain can easily be added to the lot surveys. Lot surveys are already required with certain types of building permits. This would only be required for properties that straddle the boundary of the floodplain, in which case it is important to confirm that new construction is definitively outside of the floodplain. • Require construction sites to be staked to show the limits of the floodplain - As noted above, with available mapping resources this is not expected to be a burdensome requirement. This would help ensure that improvements (including fill) do not creep into the limits of the floodplain. This would only be required for those properties on the boundary of the floodplain. • Landlords must disclose the floodplain status of their rental property - This alerts the current or potential tenants of the floodplain risk and the need to obtain flood insurance for their belongings. Typically, renters insurance will not cover losses caused by flooding. A reminder of this requirement can be included in the annual mailing to floodplain property owners and tenants. Adopting these changes could help improve the City's CRS rating and increase the discount received, but more importantly, the changes would alert tenants and property owners of their flood risk and prevent future problems associated with septic systems and development in floodplain. RECOMMENDATIONS: Staff recommends that the proposed changes to the floodplain ordinance be approved. RECOMMENDED MOTION: "I move to approve Council Bill No. 19-2015, an ordinance amending Chapter 26 Article Vill of the Wheat Ridge Code of Laws, concerning floodplain regulations on first reading, order it published, public hearing set for Monday, September 14, 2015, at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication." AM Council Action Form - Floodplain Control August 10, 2015 Page 4 "I move to postpone indefinitely Council Bill No. 19-2015, an ordinance amending Chapter 26 Article Vlll of the Wheat Ridge Code of Laws concerning floodplain regulations, for the following reason(s) REPORT PREPARED BY: Mark Westberg, Project Supervisor Scott Brink, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 19-2015 --� C. Case No. ZOA-15-04: Mr. Westberg gave a short Power Point regarding the proposed modifications to Section VIII of the zoning and development code regarding Floodplain Control. The proposed revisions include: • Prohibiting new septics stems in the flood lain Y p • Requiring lot surveys to show the limits of the floodplain • Requiring construction sites to stake the limits of the floodplain • Requiring landlords to disclose the floodplain status of their rental properties In recent years, City staff has been working with the National Flood Insurance Program (NFIP) to improve Wheat Ridge's class rating in the Community Rating System (CRS) program. The City's current rating is Class 6, which results in a 20% reduction of flood insurance rates for most homeowners within the floodplain. The City is actively working to improve this rating to a Class 5, which would result in a 25% reduction in flood insurance rates for homeowners. Commissioner OHM stated the proposed amendments sound great but wondered whether the City could lose some of its rating status if a landlord does not disclose to renters that a rental property is within the floodplain. Mr. Westberg responded that the city will not lose any status, but just to make sure tenants are well informed, the City will contact tenants as well as landlords with information about the floodplain. Commissioner OHM asked if the City could require landlords as well as renters sign an agreement disclosing the floodplain. Mr. Westberg stated this type of agreement is difficult to enforce. Commissioner OLSON stated as a landlord, this ordinance is good as it removes some of the liability from the landlords. Commissioner TIMMS asked how many properties in Wheat Ridge are in the floodplain. Mr. Westberg responded that there were between 400 and 500 Wheat Ridge properties in the floodplain. Commissioner TIMMS asked if any of these homes had septic systems. Mr. Westberg explained that existing septic systems can be repaired or replaced, but no new ones will be allowed in the flood plain. Commissioner KIMSEY asked where the floodplain maps were located. Planning Commission Minutes —9— July 9_July 16, 2015 Mr. Westberg said the City uses and electronic map system as well as paper. People can call in and request copies of the maps and floodplain verification. He indicated that there is an informational video about the floodplain on the City's website and YouTube is entitled "Wheat Ridge Floodplain". It is very informative if any of the Commissioners would like to view it. Commissioner BUCKNAM opened the public hearing. No one came forward to speak. Chair BUCKNAM Closed public hearing. It was moved by Commissioner WEAVER and seconded by Commissioner TIMMS to recommend approval of Case No. ZOA-15-04, an ordinance amending Sections 26-806 and 26-808 of the Wheat Ridge Code of Laws concerning special flood hazard area regulations and the administration of floodplain control regulations for the following reasons: 1. It improves public health, safety, and welfare. 2. It prevents future problems associated with new septic systems in the / floodplain. 3. It communicates the floodplain limits by showing them on lot surveys. j 4. It guards against construction within the floodplain by requiring the limits to be staked on construction sites. 5. It alerts tenants to the floodplain status of the property before signing a lease. Motion approved 7-0 8. OTHER ITEMS Ms. Reckert spoke about DOLA training on August 22" `' Commissioners are encouraged to sign up. The City has a new planner named Lisa Ritchey who was prior planning experience and is fitting in well. Commissioner TIMMS asked if Kim Waggoner had left the City. Ms. Reckert stated she had moved to Pennsylvania where her husband had a new job. Staff is reviewing resumes now for Kim's replacement. She thanked Kelly Stevens, Deputy City Clerk for filling in tonight. Planning Commission Minutes —10— July 10— July 16, 2015 City of �Wheat�id�e PLANNING COMMISSION COMMUNITY DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: July 16, 2015 TITLE: AN ORDINANCE AMENDING SECTIONS 26-806 AND 26-808 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING SPECIAL FLOOD HAZARD AREA REGULATIONS AND THE ADMINISTRATION OF FLOODPLAIN CONTROL REGULATIONS (CASE NO. ZOA-15-04) ® PUBLIC HEARING ® CODE CHANGE ORDINANCE Case Manager: Meredith Reckert, Senior Planner Mark Westberg, Projects Supervisor Date of Preparation: July 8, 2015 SUMMARY: The attached ordinance proposes changes to Article VIII (Floodplain Control) of Chapter 26 of the Wheat Ridge Code of Laws. Because this is an amendment to the zoning code, Planning Commission will be making a recommendation to City Council on the proposed legislation. The revisions address these central goals: • Prohibiting new septic system in the floodplain, • Requiring lot surveys to show limits of the floodplain, • Requiring construction sites to stake the limits of the floodplain, and • Requiring landlords to disclose the floodplain status of rental property. Notice for this public hearing was provided as required by the Code of Laws. Background The Community Rating System (CRS) is a voluntary incentive program managed by the National Flood Insurance Program (NFIP). The CRS program recognizes and encourages floodplain management that exceeds minimum NFIP standards and in turn provides discounted flood insurance rates. The proposed revisions are recommended for several reasons, but fundamentally because they introduce additional safeguards that improve public safety, enhance hazard protection, and provide potential savings for residents in flood zones. Proposed Revisions The City's floodplain program is being reviewed this year as a part of a CRS recertification that occurs every five years. The CRS Manual was revised in 2013, and as a result, staff has been ZOA-15-04 / Floodplain Control reviewing the City's current program to see if the City's rating can be maintained or improved. The City's current rating is a Class 6, which results in a 20% discount for most residents with floodplain insurance. Staff analysis indicates that under the revised CRS manual, the City will not only keep its Class 6 rating, but with some additional effort the City may also be able to raise that rating to a Class 5 which provides a 25% discount. Only three other communities in Colorado are rated at a Class 5 or above. During staffs review of the new CRS Manual, the following changes could be made to the City's ordinances to improve the rating: • Prohibit new septic systems in the floodplain — Currently, the City does not allow new septic systems except in cases of extreme hardship. This would prohibit new septic systems in floodplains in all cases. This requirement would prevent installation of a system that would likely back-up into a house during a flood. • Require lot surveys to show the limits of the floodplain — This would only apply in instances when lot surveys are required to be submitted as part of a building permit. With the floodplain mapping capabilities that are now available with the City's GIS system, along with mapping available from the Urban Drainage and Flood Control District (UDFCD) and FEMA, this is not expected to be a burdensome requirement. The City can provide information to applicants so that the limits of the floodplain can easily be added to the lot surveys that are already being required with certain types of building permits. This would only be required for those properties that straddle the boundary of the floodplain, in which case it is important to confirm that new construction is definitively outside of the floodplain. • Require construction sites to be staked showing the limits of the floodplain — As noted above, with available mapping resources this is not expected to be a burdensome requirement. This would help to ensure that improvements (including fill) do not creep into the limits of the floodplain. Again, this would only be required for those properties on the boundary of the floodplain. • Landlords must disclose the floodplain status of their rental property — This alerts the current or potential tenants of the potential floodplain risk and the need to obtain flood insurance for their belongings. Typically, renters insurance will not cover losses caused by flooding. A reminder of this notification requirement can be included in the annual mailing to floodplain property owners and tenants. Adopting these changes could help improve the City's CRS rating and the discount received, but more importantly, the changes would alert tenants and property owners of their flood risk and prevent future problems associated with septic systems and development in floodplains. Congress approved legislation in 2012 and 2013 in an attempt to make the National Flood Insurance Program (NFIP) sustainable after the impacts of Hurricanes Katrina, Ivan, and Sandy. That process included the reassessment of properties across the nation, and a substantial rise in insurance rates for many property owners and renters. For this reason, keeping or improving the CRS rating and discount is considered by staff to be critical. Public Outreach Staff conducted a public meeting on July 1, 2015 to convey the proposed ordinance changes to residents, especially those in the floodplain. Staff mailed notices of the meeting to all property owners who are in the floodplain. This meeting was similar to a meeting held in 2013, when the ZOA-15-04 /Floodplain Control 2 City adopted the new floodplain maps and state regulations. The meeting was well attended with around 20 property owners present. Schedule for Adoption Staff is proposing the following schedule for making revisions to the floodplain ordinance: • July 16, 2015 — Planning Commission public hearing • August 10, 2015 —City Council 1St reading • August 24, 2015 — City Council 2"d reading RECOMMENDED MOTION: "I move to recommend approval of the proposed ordinance amending Article VIII of Chapter 26 concerning Floodplain Control for the following reasons: 1. It improves public health, safety, and welfare. 2. It prevents future problems associated with new septic systems in the floodplain. 3. It communicates the floodplain limits by showing them on lot surveys. 4. It guards against construction within the floodplain by requiring the limits to be staked on construction sites. 5. It alerts tenants to the floodplain status of the property before signing a lease." Exhibits: 1. Proposed Ordinance ZOA-15-04 /Floodplain Control 3 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. Series of 2015 TITLE: AN ORDINANCE AMENDING SECTIONS 26-806 AND 26-808 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING SPECIAL FLOOD HAZARD AREA REGULATIONS AND THE ADMINISTRATION OF FLOODPLAIN CONTROL REGULATIONS WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-301(1), the City, acting through its City Council (the -Council"), is authorized to adopt rules and regulations concerning the location, construction, occupancy and use of buildings and structures on and along any storm or floodwater runoff channel or basin; and WHEREAS, under such authority, the Council previously adopted floodplain regulations, codified as Article VIII of Chapter 26 of the Wheat Ridge Code of Laws ("Code"); and WHEREAS, the Council desires to amend certain sections of said Article VIII in the interests of promoting compliance with said regulations, prohibiting the location of new septic systems within floodplains and ensuring that tenants are aware of potential floodplain issues. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Paragraph 9 of Subsection 26-806.D. of the Code, concerning development standards for all permitted development and uses within the special flood hazard area, is hereby amended as follows: 9. All new and replacement water supply, AND sanitary sewage, systems AND ALL REPLACEMENT 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. THE LOCATION OF ANY NEW ONSITE DISPOSAL SYSTEM IS PROHIBITED. EXISTING SYSTEMS MAY BE REPAIRED AND MAINTAINED, INCLUDING REPLACEMENT, SUBJECT TO THE REQUIREMENTS OF THIS PARAGRAPH 9. Section 2. Paragraph 4 of Subsection 26-808.C. of the Code, concerning floodplain permit application submittal requirements, is hereby amended by the addition of a new subparagraph e, to read in its entirety as follows.- E. ollows: E. THE APPLICANT FOR A BUILDING PERMIT FOR WORK WITHIN A SPECIAL FLOOD HAZARD AREA SHALL INCLUDE AS A PART OF ITS APPLICATION A LOT SURVEY THAT ILLUSTRATES ALL APPLICABLE FLOODPLAIN BOUNDARIES, INCLUDING THE FLOODWAY, IF PRESENT. Section 3. Section 26-808 of the Code, concerning the administration of the floodplain regulations, is hereby amended by the addition of two (2) new subsections, F and G, to read in their entirety as follows: F. STAKING AT CONSTRUCTION SITES. THE OWNER OF ANY PROPERTY LOCATED IN WHOLE OR IN PART WITHIN THE SPECIAL FLOOD HAZARD AREA UPON WHICH CONSTRUCTION IS OCCURING SHALL LOCATE, OR CAUSE TO BE LOCATED, STAKES THAT MARK THE BOUNDARIES OF THE FLOODPLAIN, INCLUDING THE FLOODWAY, IF PRESENT. G. NOTICE TO TENANTS. THE OWNER OF ANY PROPERTY LOCATED IN WHOLE OR IN PART WITHIN THE SPECIAL FLOOD HAZARD AREA THAT IS MADE AVAILABLE FOR RENT, LEASE OR ANY OTHER FORM OF TENANT OCCUPANCY SHALL DISCLOSE TO EACH POTENTIAL TENANT THE EXISTENCE AND BOUNDARIES OF THE FLOODPLAIN ON THE PROPERTY. AT A MINIMUM, SUCH DISCLOSURE MUST BE INCLUDED IN THE LEASE, RENTAL AGREEMENT OR OTHER WRITTEN INSTRUMENT. Section 4. Section 26-810 of the Code, concerning enforcement and penalties for violations of the floodplain regulations, is hereby amended as follows: Sec. 26-810. - Enforcement and penalties. Every structure, building, fill, or development placed or maintained within the SFHA in violation of these regulations is a public nuisance and the creation thereof may be enjoined and maintenance thereof may be abated by action at suit of the City of Wheat Ridge, the state, or any citizen thereof. Any person who places or maintains any structure, building, fill, or development within the SFHA in violation of these regulations OR FAILS TO PERFORM ANY ACT REQUIRED BY THESE REGULATIONS shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand dollars ($1,000.00) or imprisoned not more than one (1) year or both. Each day during which such violation exists is a separate offense. In the event it becomes necessary for the city to bring action to enjoin or abate any such violation of this section, the city shall be entitled to recover, in addition to any fine or penalty imposed hereby, its cost of bringing said action and/or abating any such structure, building, fill, or development placed or maintained within the SFHA, which costs shall include attorneys' fees as well as the actual costs incurred by the city. 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 this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the 2 remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 7. Effective Date. This Ordinance shall take effect fifteen (15) 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 , 2015, 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 2015, 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 2015. SIGNED by the Mayor on this day of , 2015. ATTEST: Janelle Shaver, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Joyce Jay, Mayor Approved As To Form Gerald E. Dahl, City Attorney 3