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HomeMy WebLinkAboutOrdinance 1756 - Flood Hazard Delineation MapsCITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Dozeman Council Bill No. 06 Ordinance No. __1756_ Series of 2023 TITLE: AN ORDINANCE AMENDING SECTION 26-803.G OF THE WHEAT RIDGE CODE OF LAWS, TO ADOPT THE FLOOD HAZARD DELINEATION MAPS FOR CLEAR CREEK, DATED SEPTEMBER 2, 2022, AS A LOCAL FLOOD HAZARD AREA 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, On November 17, 2022, the Colorado Water Conservation Board (CWCB) designated the updated Flood Hazard Delineation Map (FHAD) for Clear Creek as a state floodplain map; and WHEREAS, the Council desires to amend a section of said Article VIII to adopt the FHAD as a Local Flood Hazard Area (LFHA); and WHEREAS, the Council desires to amend Paragraph G of said Article VIII to adopt the FHAD as a Local Flood Hazard Area (LFHA). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 2. Paragraph G of Subsection 26-803 of the Code, concerning official maps and engineering reports, is hereby repealed, and replaced in its entirety as follows: G. Official maps and engineering reports. The location and boundaries of the SFHA shall be as identified by the Federal Emergency Management Agency in "The Flood Insurance Study for Jefferson County, Colorado and Incorporated Areas," dated August 2, 2022, 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 SFHA shall be as shown in the following engineering reports and accompanying maps: 1. Digital flood insurance rate map (DFIRM) panels dated August 2, 2022, for portions within the City of Wheat Ridge. The location and boundaries of the LFHA shall be as shown in the following engineering reports and accompanying maps: 2. Sloan’s Lake FHAD dated July 2018 for portions within the City of Wheat Ridge. 3. Clear Creek FHAD dated September 2, 2022, for portions within the city of Wheat Ridge. The DFIRM constitutes the current flood insurance study for the City of Wheat Ridge and is fully incorporated herein by this reference. True and correct copies of the DFIRM and FHAD are available on the City website and are on file at the Wheat Ridge Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado, and are available for inspection and copying during normal business hours. Section 3. 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 4. 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 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 5. 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 27th day of February 2023, 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 March 13, 2023, at 6:30 p.m., as a virtual meeting and 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 8 to 0, this 13th day of March, 2023. SIGNED by the Mayor on this 16th day of March, 2023. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: March 2, 2023 Second Publication: March 16, 2023 Jeffco Transcript Effective Date: March 31, 2023