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HomeMy WebLinkAboutOrdinance 4368 r ORDINANCE NO. 4368 AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT ORDINANCE, OF THE CODE OF FAYETTEVILLE, TO PROVIDE AMENDMENTS TO VARIOUS PROVISIONS CONCERNING THE FLOOD DAMAGE PREVENTION CODE. WHEREAS, the flood hazard areas of the City of Fayetteville are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare, and; WHEREAS, these flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood-proofed or otherwise protected from flood damage, and; WHEREAS, the General Assembly of the State of Arkansas has, under A.C.A. § 14-268- 101 et seq. as amended, delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That Chapter 151 : Definitions, Unified Development Ordinance, Code of Fayetteville is hereby amended by inserting Exhibit "A" attached hereto and made a part hereof. Section 2. That Section 155.06(D)(1 ), Unified Development Ordinance, Code of Fayetteville is hereby repealed, and the following is inserted in its stead: §155.05 APPEALS FROM STAFF INTERPRETATION/ACTIONS. D. Appeals To the Planning Commission. 1. Floodplain Administrator. Any person aggrieved may appeal the decision of the Floodplain Administrator, provided that the Planning Commission shall hear and decide an appeal only 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 this chapter. Section 3 . That Section 156.03(C), Unified Development Ordinance, Code of Fayetteville is hereby Amended by inserting the following: • . Ord . 4368 §156.03 DEVELOPMENT. C. Consideration By The Planning Commission. 6. Flood Damage Prevention Code. The Planning Commission shall hear and decide requests for variances from the requirements of this ordinance. Any person or persons aggrieved by the decision of the Planning Commission regarding a variance request may appeal such a decision in the courts of competent jurisdiction. a. In passing upon such applications, the Planning Commission shall consider all technical evaluations, all relevant factors, and standards specified in other sections of this ordinance. b. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places, without regard to the procedures identified in the remainder of this ordinance. Variances may only be issued for such repair or rehabilitation if strict enforcement of the ordinance would preclude the structure's continued designation as a historic structure, and the variance is the minimum necessary to preserve the historic character and design of the structure. c. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot %z acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (1 ) through (11 ) of § 168.03(A) have been fully considered. As the lot size increases beyond % acre, the technical justification required for issuing the variance increases. d. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. e. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. f. Floodplain variances shall only be issued if: il there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property, which do not apply generally to other property in the same flood zone; ii, a determination that failure to grant the variance would result in exceptional hardship to the applicant; and, iii, a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with the other provisions of the Code of Fayetteville. • • Ord .. 4368 g. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of § 168.03(A) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. h. Upon consideration of the factors in this Section and the purposes of this ordinance, the Planning Commission may impose conditions to the granting of floodplain variances as it deems necessary to further the purposes of this ordinance. i. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation surcharge and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the Floodplain Administrator in the office of the Washington County Clerk and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. Section 4. That Chapter 168: Flood Damage Prevention Code, Unified Development Ordinance, Code of Fayetteville is hereby repealed, and Exhibit `B" with Appendix attached hereto and made a part hereof, is inserted in its stead. PASSED and APPROVED this 5`h day of February, 2002. APPROVED: DAN COODY, Mayor Iri ..' 14 OODRUFF, OKYClerk l� �rt co �1 �- • EXHIBIT "A" • Ord , 4368 To be inserted at Chapter 151 : Definitions, Unified Development Ordinance: Appeal. (Flood Damage Prevention) A request for a review of the Floodplain Administrator's interpretation of any provision of this Chapter. Area of shallow flooding. (Flood Damage Prevention) A designated AO, AH, or CP Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from 1 to 3 feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Area of flood-related erosion hazard. (Flood Damage Prevention)The area subject to severe flood-related erosion losses. The area is designated as Zone E on the Flood Insurance Rate Map. Area of special flood hazard. (Flood Damage Prevention) See "Special flood hazard area." Base flood. (Flood Damage Prevention) The flood having a 1 % chance of being equaled or exceeded in any given year (also called the " 100-year flood"). Base Flood Elevation (BFE). (Flood Damage Prevention) The height of the base flood, usually in feet, in relation to the National Geodetic Vertical Datum of 1929 or other datum as specified. Basement. (Flood Damage Prevention) Any area of a building having its floor sub-grade (below ground level) on all sides. Elevated building. (Flood Damage Prevention) A non-basement building (I) built, in the case of a building in Zones Al -30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. hi the case of Zones Al -30, AE, A, A99, AO, AH, B, C, X, D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. Development. (Flood Damage Prevention) Any man-made change in improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. Existing construction. (Flood Damage Prevention) For the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM (September 18, 1991 ). "Existing construction" may also be referred to as "existing structures." • • Ord . 4368 EXHIBIT "A" Existing manufactured home park or subdivision. (Flood Damage Prevention) A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. Expansion to an existing manufactured home park or subdivision. (Flood Damage Prevention) The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) Federal Emergency Management Agency (FEMA). (Flood Damage Prevention) The independent federal agency that, in addition to carrying out other activities, oversees the administration of the National Flood Insurance Program. Federal Insurance Administration (FIA). (Flood Damage Prevention) The component of FEMA directly responsible for administering the National Flood Insurance Program. Flood or flooding. (Flood Damage Prevention) A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of flood waters, or the unusual and rapid accumulation or run-off of surface water from any source. Flood boundary and floodway map. (Flood Damage Prevention) The official map on which the Federal Insurance Administration has delineated both the areas of flood hazard and the floodway. Flood Insurance Rate Map (FIRM). (Flood Damage Prevention) The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the Floodway. Flood Insurance Study. (Flood Damage Prevention) The official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the Base flood. • • Ord . 4368 EXHIBIT "A" Floodplain or flood-prone area. (Flood Damage Prevention) Areas that are subject to, or are exposed to, flooding and flood damage. Floodplain LFloodray Floodway i Fringe— Floodwoy — Fringe W W W W W W r W a W W y W W Floodwoy Fringe W W W Floodwoy Floodplo',n a m o Floodplain management. (Flood Damage Prevention) The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to, emergency preparedness plans, flood control works and floodplain management regulations. Floodplain management regulations. (Flood Damage Prevention) Development code, building codes, health regulations, special purpose ordinances (i.e., grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. Flood-proofing. (Flood Damage Prevention) Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Floodway (Regulatory floodway). (Flood Damage Prevention) The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the • • Ord . 4368 EXHIBIT "A" base flood without cumulatively increasing the water surface elevation more than 1 foot. Also referred to as "Regulatory floodway." Functionally dependent use. (Flood Damage Prevention) A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. Highest adjacent grade. (Flood Damage Prevention) The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic Structure. (Flood Damage Prevention) Any structure that is: A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or C. Individually listed on a state inventory of historic places which has been approved by the Secretary of the Interior. Lowest floor. (Flood Damage Prevention) The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such an enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter. Levee. (Flood Damage Prevention) A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. Levee • • Ord . 4368 EXHIBIT "A" Levee system. (Flood Damage Prevention) A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. Manufactured home. (Flood Damage Prevention) A factory-built, single-family structure that meets the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. Sec. 5401 ), commonly known as the HUD (U.S. Housing and Urban Development) code. For floodplain management purposes the term also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. Manufactured home park or subdivision. (Flood Damage Prevention) A parcel (or contiguous parcels) of land divided into 2 or more manufactured home lots for sale or rent. Mean sea level. (Flood Damage Prevention) For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. New construction. (Flood Damage Prevention) For floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of this development code. One hundred year flood. (Flood Damage Prevention) A flood which has a 1 % annual probability of being equaled or exceeded. It is identical to the "base flood," which will be the term used throughout this chapter. Regulatory floodway. (Flood Damage Prevention) see "Floodway." Remedy a violation. (Flood Damage Prevention) To bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this Development Code or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development. • • Ord . 4368 EXHIBIT "A" Riverine. (Flood Damage Prevention) Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Special flood hazard area (SFHA). (Flood Damage Prevention) An area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, Al -30, AE, A99, CO, C1 -V30, VE, or V. Start of construction. (Flood Damage Prevention) The date the building permit is issued for either new construction or substantial improvement, provided the actual start of construction, repair, reconstruction, replacement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, beyond excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation or the installation of streets and/or walkways, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Stream. (Flood Damage Prevention) A watercourse having a source and terminus, banks, and channel through which waters flow at least periodically. Streams do not lose their character as a watercourse even though the water may dry up. For the purposes of this ordinance, streams are defined on the Flood Insurance Rate Maps as single lines with no floodplain or floodway defined. Structure. A combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water. Substantial damage. (Flood Damage Prevention) Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement. (Flood Damage Prevention) Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either: A. before the improvement or repair is started; or B. if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the • Ord .. 4368 EXHIBIT "A" building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: A. any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or B. any alteration of a structure listed on the National Register of Historic Places or a state inventory of Historic Places. Variance. (Flood Damage Prevention) A grant of relief to a person from the requirements of this ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this ordinance. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) Violation. (Flood Damage Prevention) The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided. Water surface elevation. (Flood Damage Prevention) The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. • • Ord . 4368 E CI EXHIBIT `B" D CHAPTER 168 : FLOOD DAMAGE PREVENTION §168.01 PURPOSE. 7. To ensure that those who occupy the areas of special flood hazard A. It is the purpose of this ordinance to assume responsibility for their actions; and, promote the public health, safety and general welfare and to minimize public and 8. To protect human life and private losses due to flood conditions in health. specific areas as designated by the latest adopted Flood Insurance Rate Maps, in B. In order to accomplish its purposes, addition to the following: this ordinance uses the following methods: 1. To minimize expenditure of 1 . Restricting or prohibiting uses public money for costly flood control that are dangerous to health, safety or projects; property due to water or erosion hazards in times of flood, or cause excessive increases 2. To minimize the need for in flood heights or velocities; rescue and relief efforts associated with flooding and generally undertaken at the 2. Requiring that uses vulnerable to expense of the general public; floods, including facilities which serve such uses, be protected against flood damage at 3. To minimize prolonged the time of initial construction; business interruptions; 3. Controlling the alteration of 4. To minimize damage to natural floodplains, stream channels, and public facilities and utilities such as water natural protective barriers, which are and gas mains; electric, telephone and sewer involved in the accommodation of flood lines, streets and bridges located in waters; floodplains; 4. Controlling filling, grading, 5. To help maintain a stable tax dredging and other development which may base by providing for the sound use and increase flood damage; development of flood-prone areas in such a manner as to minimize future flood blight 5. Preventing or regulating the areas; construction of flood barriers which will unnaturally divert flood waters or which 6. To ensure that potential may increase flood hazards to other lands. buyers are notified that property is in an area of special flood hazard; §168.02 GENERAL PROVISIONS. This chapter shall apply to all areas of special flood hazards and areas of flood-related -1- Ord .. 4368 EXHIBIT "B" erosion hazards within the jurisdiction of the E. No structure or land shall hereafter' city. be constructed, located, extended, converted or altered without full compliance with the A. The areas of special flood hazards terms of this chapter and other applicable and areas of flood-related erosion hazards regulations. Violations of the provisions of identified by the Federal Emergency this chapter by failure to comply with any of Management Agency or the Federal its requirements (including violations of Insurance Administration in scientific and conditions and safeguards established in engineering reports entitled "Flood connection with conditions) shall constitute Insurance Study for the City of Fayetteville, a misdemeanor. Nothing herein shall Arkansas," dated September 18, 1991 and prevent the city from taking such lawful July 21 , 1999, with accompanying Flood action as is necessary to prevent or remedy Insurance Rate Map, as may from time to any violation. time hereafter be amended, is hereby adopted by reference and made a part hereof F. This chapter is not intended to as if set out fully herein. Three copies of repeal, abrogate, or impair any existing said map shall be maintained in the office of easements, covenants, or deed restrictions. the City Clerk. However, where this chapter and any other code, ordinance, easement, covenant, or B. The Flood Hazard Study, Phase II, deed restriction conflict or overlap, provided by the U.S. Army Corps of whichever imposes the more restrictive Engineers, is hereby adopted by reference restrictions shall prevail. and made a part hereof as if set out fully herein. Three copies of said map shall be G. In the interpretation and application maintained in the office of the City Clerk. of this chapter, all provisions shall be: C. The Flood Hazard Study Phase IV, 1. Considered as minimum and Revised Flood Hazard Study Phase I, requirements; provided by the U.S. Army Corps of Engineers, are hereby adopted by reference 2. Liberally construed in favor of and made a part hereof as if set out fully the governing body; and herein. Three copies of said studies shall be maintained in the office of the City Clerk. 3. Deemed neither to limit nor repeal any other powers granted under state D. This Flood Insurance Study is the statutes. minimum area of applicability of this chapter and may be supplemented by studies H. The degree of flood protection for other areas which allow implementation required by this chapter is considered of this chapter and which are recommended reasonable for regulatory purposes and is to the council by the Floodplain based on scientific and engineering Administrator. considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. -2- • • Ord. 4368 EXHIBIT "B" This chapter does not imply that land outside the areas of special flood hazards, areas of flood -related erosion hazards, or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. §168.03 ADMINISTRATION. A. Floodplain Administrator. A Floodplain Administrator shall be designated by the Mayor and appointed to administer and implement this chapter by granting or denying Floodplain Development Permits in compliance with its provisions. Approval or denial of a Development Permit shall be based on all the provisions of this ordinance and the following relevant factors: 1. The danger to life and property due to flooding or erosion damage; 2. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 3. The danger that materials may be swept onto other lands to the injury of others; 4. The compatibility of the proposed use with existing and anticipated development; -3- 5. The safety of access to the property in times of flood for ordinary and emergency vehicles; 6. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; 7. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site; 8. The necessity to the facility of a waterfront location, where applicable; 9. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; 10. The relationship of the proposed use to the General Plan 2010. 11. The duties and responsibilities of the Floodplain Administrator, as related to this chapter, shall include, but not be limited to: a. Permit Review i. Review all Floodplain Development Permits to determine that the permit requirements of this chapter have been satisfied; ii. All other required state and federal permits have been obtained from those Federal, State, or local governmental agencies (including Section 404 of the Federal Water Pollution Control I • Ord. 4368 Act of 1972, 33 U.S.C. prior approval is required; EXHIBIT "B" 1334) from which iii. The site is reasonably safe from flooding; iv. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but the floodway has not been designated on the FIRM. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point. However, under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones Al -30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA. b. When base flood elevation data has not been provided in compliance with §168.02(A), the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer this section. Any such information shall be submitted to the Council for adoption. c. Whenever a watercourse is to be altered or relocated, the Floodplain Administrator shall: -4- i. Notify adjacent communities and the Arkansas Soil and Water Conservation Commission prior to the alteration or relocation of a watercourse, and submit evidence of the notification to the Federal Emergency Management Agency; ii. Require that the flood carrying capacity of the altered or relocated portion of the watercourse is maintained. d. Secure and maintain for public inspection and availability the certifications, appeals and variances identified in subsection B and Chapters 155 and 156 of the Unified Development Ordinance, Code of Fayetteville, respectively. e. Make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazards or areas of flood -related erosion hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be give a reasonable opportunity to appeal the interpretation as provided in Chapter 155 of the Unified Development Ordinance, Code of Fayetteville. f. The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. B. Floodplain Development Permit. A Floodplain Development Permit shall be obtained before obtaining a Building Permit and prior to any construction or Ord.. 4368 EXHIBIT "B" development within any area of special flood hazards or area of flood -related erosion hazards established in §168.02(A). An application for a Floodplain B. Construction materials and Development Permit shall be made on forms methods. furnished by the Floodplain Administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of same. Specifically, the following information is required: 2. All manufactured homes shall meet the anchoring standards of § 168.04(F). 1. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; 2. Proposed elevation in relation to mean sea level to which any structure shall be flood -proofed; 3. All appropriate certifications listed in §168.03(A)(11)(a)(ii); and, 4. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. §168.04 FLOOD HAZARD REDUCTION. In all areas of special flood hazards the following standards shall apply: A. Anchoring. 1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. -5- 1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 2. All new construction and substantial improvements shall be constructed using methods and practices that minimize or resist flood damage. 3. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. C. Elevation and flood -proofing. 1. New construction and substantial improvement of structure shall have the lowest floor, including basement, elevated two feet above the base flood elevation specified in feet on the FIRM, or at least 2 feet above the highest adjacent grade if no depth number is specified (see Appendix, Figure 1). Nonresidential structures shall meet the standards in §168.04(C)(2). Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer to be properly elevated. The certification or verification shall be provided to the Floodplain Administrator. • • Ord. 4368 2. Nonresidential construction either be elevated in conformance §168.04(C)(1) or (3) or together attendant utility and sanitary facilities: EXHIBIT "B" shall entry and exit of flood waters (see with Appendix, Figure 2); or with a. Be flood -proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and c. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. The certification or verification shall be provided to the Floodplain Administrator. 3. Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that area subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a. Either a minimum of 2 openings having a total net area of not less than I square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than 1 foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic b. Be certified to comply with flood -proofing standards approved by the Federal Insurance Administration. 4. Manufactured homes shall also meet the standards in this section. D. Standards for utilities. 1. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters. 2. On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. E. Standards for Subdivisions. Applications for Preliminary, Final, and/or Concurrent Plat approval shall contain the requirements identified in §§166.01-.04 of the Unified Development Ordinance, Code of Fayetteville, in addition to the following: 1. Identify the special flood hazards areas, including delineation of floodways, and the elevation of the base flood. 2. All Final Plats shall provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the final pad elevation shall be verified by a registered professional engineer or surveyor and provided to the Floodplain Administrator. -6- I• Ord. 4368 EXHIBIT "B" 3. All proposals shall be consistent that the area of special flood hazard will with the need to minimize flood damage. remain undeveloped. 4. All proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. 5. All proposals shall provide adequate drainage to reduce exposure to flood hazards. 6. To the extent practicable, lot boundaries shall be made to coincide with natural and pre-existing man-made drainage ways within subdivisions to avoid the creation of lots that can be built upon only by altering such drainage ways (see Appendix, Figure 3). 7. Any lot platted so that a portion of the lot lies in a special flood hazard area shall contain a minimum of 6,000 square feet of buildable area, including setbacks, outside the special flood hazard area, or if it contains less than 6000 square feet of buildable area, it shall be platted to contain a minimum of one acre. Any lot platted so that the entire lot lies in a special flood hazard area shall contain a minimum of one acre (see Appendix, Figure 4). 8. For subdivisions partially located in special flood hazard areas, minimum lot area requirements may be waived by the Director to allow the platting of lots to be clustered outside the special flood hazard area, the density permitted for the zoning district to be averaged over the entire parcel, provided a permanent conservation easement is granted to the City, a land trust, or the property owners association to ensure 9. In any area that is located outside a special flood hazard area but where a stream is located, no building or fill may be located within a distance of the stream bank equal to two and one-half the width of the stream measured from top of bank to top of bank or 25 feet on each side, whichever is greater. 10. Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which are greater than 50 lots or 5 acres, whichever is lesser, if not otherwise pursuant to §168.02(A) or §168.03(A)(11)(b). 11. In all areas designated as a Zone A on the FIRM where a detailed study has not been completed to specify the floodway and base flood elevations, no building or fill shall be located within a distance of two and one half times the width of the stream measured from the top of the bank to the top of bank, or 25 feet on each side whichever is greater. a. Provided, the applicant may choose if not required by other provisions of this chapter, to provide a detailed hydrologic and hydraulic study which delineates the floodway, 100 year floodplain boundary and base flood elevations. At such time a study is provided and adopted by ordinance, the applicant shall meet all requirements for areas designated with floodway, 100 year floodplain, and base flood elevations. -7- • • Ord. 4368 EXHIBIT "B" b. If for some reason the property owner believes the FIRM to be inaccurate, a Letter of Map Amendment may be submitted to FEMA. If the boundaries of the floodplain are amended by FEMA, setbacks will be enforced pursuant to the amendment. F. Standards for manufactured homes. All new and replacement manufactured homes and additions to manufactured homes shall be constructed in the following manner: 1. Be elevated so that the lowest floor is two feet above the base flood elevation; and 2. All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement by providing over -the -top and frame ties to ground anchors. Specific requirements include: a. Over -the -top ties be provided at each of the 4 comers of the manufactured homes, with 2 additional ties per side at intermediate locations, with manufactured homes less than 50 feet long requiring 1 additional tie per side; b. Frame ties be provided at each comer of the home with 5 additional ties per side at intermediate points, with manufactured homes less than 50 feet long requiring 4 additional ties per side; c. All components of the anchoring system be capable of carrying a force of 4,800 pounds; and d. Any additions to the manufactured homes be similarly anchored. -8- G. Floodways. Located within areas of special flood hazard established in section §168.02(A) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions shall apply: 1. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge. 2. If the provisions of (G)(1) are satisfied, all new construction and substantial improvement shall comply with all other applicable flood hazard reduction provisions of section G. 3. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision through FEMA. A. Standards for areas of shallow flooding (AO/AH Zones). Located within the areas of special flood hazard established in § 168.02(A), are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of • Ord, 4368 EXHIBIT "B" flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: 1. All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified on the FIRM (at least two feet if no depth number is specified). 2. All new construction and substantial improvements of non-residential structures: a. have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified on the FIRM (at least two feet if no depth number is specified), b. together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. 3. A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this section, as set forth in §168.03(B), are satisfied. 4. Require adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. -9- •CHAPTER 168 -APPENDIX• Ord. 4368 ❑n Slab Reference Level Base Adjacent Flood Grade Elevation With Basement Base Flood Elevation Reference Level ❑n Piles. Piers, or Colcnns Reference - Level Base Flood Elevation E levot,ons should be measured at the top of the reference level floor Figure 1 I ft. rla; mu sq. niLrles total Figure 2 /, /_- H ood Hazard Area Don't Do This Figure 3 Do This Flood Hazard Area •CHAPTER 168 -APPENDIX• Ord. 4368 Flood Hazard Area Figure 4 NAME OF FILE: Ordinance No. 4368 CROSS REFERENCE: 02/05/02 Ordinance No. 4368 Exhibit "A" (Chapter 151: Definitions, Unified Development Ordinance) Exhibit "B" (Chapter 168: Flood Damage Prevention) 10/18/01 Planning Division Correspondence 10/08/01 Planning Commission Minutes (Pages 21-28) 10/22/01 Planning Commission Minutes (Pages 3-5) 02/05/02 Staff Review Form 02/11/02 Memo to Tim Conklin, Planning Director, from Heather Woodruff, City Clerk 03/16/02 Proof of Publication NOTES: 0 s FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (501) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Sara Edwards, Associate Planner THRU: Tim Conklin, City Planner DATE: October 18, 2001 ADM 01-39.00 Administrative Item to revise the Flood Damage Prevention Code by adding/revising the setback from a stream bank in Zone A and Zone X flood zones. The proposal is to change the setback from a stream where a floodplain has been delineated from 5 times the width of the stream channel or 20 feet to 2.5 times the width of the stream channel or 25 feet whichever is greater. The second proposal is to establish a setback from a stream bank in a floodplain where a detailed study has not been provided (Zone A) at 2.5 times the width of the stream channel measured from top of bank to top of bank. BACKGROUND: Staff has discovered in the Flood Damage Prevention Code inconsistencies which result in inadequate flood protection for new development. The current Flood Damage Prevention Code requires a setback of five times the width of the stream channel or 20 feet, whichever is greater where no floodplain exists. However, in a Zone A where floodplain is present but a floodway has not been delineated, there is no setback from the stream channel. Staff is proposing to establish a setback of 2.5 times the width of the channel or 25 feet whichever is greater in a Zone A. Typically, the average width of the floodway in a Zone AE at the upper reaches of the stream channel is approximately 50 feet. Therefore, the requirement is for a 25 foot setback from each side. In a Zone AE where a detailed study does exist, development cannot occur in the floodway without obtaining specific approval from FEMA through a Letter of Map Revision. Staff is proposing establishing a setback from streams where no floodway exists. STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas as designated by the latest adopted Flood Insurance Rate Maps. PURPOSE OF CHANGE The Flood Damage Prevention Code requires the use of a Flood Insurance Rate Map (FIRM) when determining if property is affected by floodplain. This FIRM delineates two types of floodplains within the City. The first, Zone AE has the regulatory floodway, or channel 0 • determined. In a regulatory floodway no encroachments, including fill, new construction, substantial improvements, and other development is permitted unless demonstrated through hydrologic and hydraulic analyses that the proposed encroachment would not result in any increase in flood levels. In a Zone A, the regulatory floodway has not been determined, and therefore no regulations against developing in the stream channel exist. Therefore, staff is recommending an addition to the Flood Damage Prevention Code in which a setback from the banks of a stream channel be enforced. In the event a developer would like to develop within the prescribed setback, they must determine a floodway and base flood elevations. Options in Zone A with new setback: 1. Comply with the 2.5 times the width of the stream channel or 25 foot setback whichever is greater. 2. If applicant believes the FIRM is inaccurate, apply for a LOMA (Letter of Map Amendment) through FEMA in which the boundaries of the floodplain may be changed. 3. Hire a professional engineer to provide a detailed hydrologic and hydraulic study which delineates the floodway, 100 year floodplain, and base flood elevations. The new floodway that is determined will become the setback from the stream. 4. The applicant may modify the stream channel by submitting to FEMA a LOMR (letter of map revision) pursuant to §G(7)(a) of the Flood Damage Prevention Code. 5. The applicant may seek a variance from the Planning Commission pursuant to §I of the Flood Damage Prevention Code. Currently, a setback is required from streams that are not in a special flood hazard Zone A or AE, at five times the stream width or 20 feet, whichever is greater. Staff is purposing a change in the setback to two and one half times the stream width or 25 feet whichever is greater. All of the major streams within the city have been studied by the Corps of Engineers, and appear as a special flood hazard zone on the FIRM. Therefore, any streams which do not have a corresponding flood zone, which are affected by this change, are smaller, minor streams. It is for this reason, that staff is recommending the setback be reduced to be consistent with the setback proposed for a Zone A and the grading ordinance. DEFINITIONS Floodway (Regulatory floodway). The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 1 foot. Also referred to as "Regulatory floodway." Stream. A watercourse having a source and terminus, banks, and channel through which waters flow at least periodically. Streams do not lose their character as a watercourse even though the water may dry up. For the purposes of this ordinance, streams are defined on the Flood Insurance Rate Maps as single lines with no floodplain or floodway defined. Zone A Special flood hazard areas inundated by the 100 year flood, determined by approximate methods. Zone AE Special flood areas inundated by the 100 year flood with base flood elevations shown. RECOMMENDED MOTION Recommend that City Council approve the attached ordinance amendments which include the reduction in setback required from a stream in a Zone X and the addition of a setback from the stream channel in a Zone A as specified on the Flood Insurance Rate Map.(See pages 18 and 19 of the Flood Damage Prevention Code) 0 4Y ul di N N U➢ LU z n7 � 3 0 J LL T 3 0 0 J LL 0 • Planning Commission October 8, 2001 Page 21 ADM 01-39.00: Administrative Item (City of Fayetteville —Section 168 (H)(5)(i) & 168 (H) (5)(j)) was submitted by the Planning Division on behalf of the City of Fayetteville. The request is to revise the Flood Damage Prevention Code by adding/revising the setback from a stream bank in certain flood zones. Estes: The remaining item ofbusiness that we have on our agenda this evening is an administrative item 01-39, to revise the Flood Damage Prevention Code by adding/revising the setback from a stream bank in certain flood zones. Mr. Conklin would you like to take a moment and explain to us why this request is before us? Conklin: I'm standing over here this evening in order to explain what we're trying to accomplish with this ordinance amendment. This is a flood insurance rate map. They are published by FEMA, the Planning Division is responsible for our floodplain management for the City of Fayetteville. Sara Edwards is our floodplain administrator. These are the maps that we use on a daily basis to make sure that our flood damage prevention is up to code and that we're meeting our ordinance which is required by federal law for communities to adopt in order to participate in the national flood insurance program for properties to receive flood insurance. It is a federal program, we're required to enforce our ordinance. Our • ordinance by the way, is more restrictive than what the federal government requires. We require structures to be elevated 2' above our base flood elevation and we do have additional standards. There are three areas on this map that we deal with on a daily basis. The first area is an area that has a detailed study. These are areas where the Corp of Engineers for FEMA have gone and done hydrologic and hydraulic models to determine how high the water is going to get. They setup a flood way, an area that we try to make sure all developments are kept out of. The rational behind this and the federal requirement is that we take a stream and you allow development within this floodplain area which is this entire area, that is this darker grey that you can't cause the water to increase by more than one foot. We have this area, Zone A, a detailed study. Another area that we have are these areas that are just grey on the map, they don't contain any flood way, there has been no detailed study, there is no determination of how high the flood waters will be during a hundred year storm. A 1% chance of a storm occurring at anytime in Fayetteville. Then we have a third area that we deal with in our office, that is these areas that are shown as a solid line on this flood insurance rate map. In these areas we also have a requirement for structures to be set back from that solid line. I will pass this down, Ijust ust want to explain to the Commission the different areas that we have. The City of Fayetteville has been very fortunate since 1993, the Corp of Engineers and FEMA have conducted flood hazard studies and flood insurance studies. The difference in the name is who funds them. We have about 60% of our streams that have been restudied based on our 2' contours through • our GIS system. We should receive the remaining 40% probably by the end of this year, subject to funding. They have told me that we should have all of our streams complete. 0 • Planning Commission October 8, 2001 Page 22 The only major river they did not look at was the White River. Fayetteville will have 100% of our streams except for the White River with a new hydrologic hydraulic study designating floodplain and flood ways with base flood elevations. The nice thing about this is that it is tied to our GIS system and we can go in and it matches the contours. Estes: Thank you Tim, is there any member of the audience who would like to provide public comment on this administrative item, 01-39? Conklin: One more thing. What we are changing, if you turn to page 6.2, on the bottom of that page, currently we have a distance from a stream bank when there is no floodplain shown, that is five times the width of the top of bank to top of bank. We are proposing, and that is the line where there is no grey area, it is just a line outside at the top of the water shed at the beginning of the creek, to change that from 5 times the width to 2'/2 times for a set back. We are reducing the setback. We're also changing, which is not in this ordinance, the minimum setback, say 5'h times is only 2 feet wide and you have 10 feet from 10 feet to 25 feet. That is not shown on this page, it is on the top of 6.3. In the Zone A, those areas that are shown just as grey, there is no floodway that has been determined. • Currently, there is no setback. We have more of those grey areas where we don't have any setback from the center ofthe stream. That has posed some problems in our office. Keeping structures far enough away from the center ofthe creek. We are proposing the same distance of 2'/2 times from the center of the creek, or 25 feet. Staff has come up with 25 feet based on the grading ordinance requirements of staying 25 feet from the creek so that is where that number comes from. So in one instance we are reducing it at the very top ofour streams, where they begin. In other places where we don't have any setback right now, we are establishing a setback. Those are the differences. I know this is a fairly technical ordinance. It is something that you hardly ever see us talk about here at the Planning Commission but in our office we deal with this probably two or three times a week. We do feel it is important that we establish these setbacks. They do have an option if they would like to do a detailed hydrologic hydraulic study to determine what the base flood elevation is in floodway for it to be closer to the center of the creek. Basically we're trying to have a buffer area away from these creeks where currently we don't have a setback. If you have any questions, I would be happy to answer them at this time. Man: Tim, a question I guess. Have we had a history of flooding in these situations where we are increasing that which is prompting us to do it or is it purely a possibility? Conklin: We have had situations where due to the new detailed studies we do now have homes that • may have not been in the floodplain that are now in the floodplain. I think anything we can do to at least have a minimum setback from the creek is going to potentially help get those 40 C Planning Commission October 8, 2001 Page 23 properties out of the floodplain. Right now there has been no detailed study. When the detailed study comes back sometimes those flood heights have gone up a couple of feet, in some areas they have gone down a couple of feet. It just depends on how accurate the old study was, which in my opinion wasn't very accurate. When they come back with a new one the floodplain boundaries have really moved around quite a bit to actually follow the contours ofland to actually show where it will flood. We haven't had a situation where we had structures damaged because of this but we have had structures that probably should've been outside a floodplain if they would've set their houses further back from the creek which means anytime you have a federally insured mortgage, FDIC, you are required for the life of that loan to have flood insurance. With those structures, depending on how high they are, your flood insurance rates vary. In a way we're trying to protect our creeks, we're trying to protect current homeowners and future homeowners, and have at least a minimum buffer area from the creek. Right now when someone comes in in the Zone A, the shaded area, there is no setback based on this flood damage prevention code and that is what we're trying to establish. Man: How does this protect a current homeowner in that situation? • Conklin: In a current homeowner, it doesn't. • Man: Ok, so it is really for future building then? Conklin: It will help staff. This is one of the things we do administratively. It will help us require homes to be setback at least 25' from the creek. Ward: Tim, in Zone A would they have an option also of building up instead of setting back? Conklin: Yes, and we do have situations where they come in and we have to try and establish the base flood elevation. We look at contour maps and determine where that shaded area is in relationship to the ground elevation. They are required in a Zone A where there is no detailed study to have the highest adjacent grade in that Zone A to be 2' above that. The highest adjacent grade would need to be 2' above that. However, we don't know exactly how high the water will get because there hasn't been a detailed study. Once again, trying to set up a minimum setback. Another thing as staff that we have had trouble with, if you're in the shaded area you don't have a setback. If you are outside the shaded area and it is a solid line you have five times the width of the creek. It is just depending on whether or not it is shaded on the map or it is not shaded. We are trying to create a level playing field for all property adjacent to a creek that there is at least a minimum setback. Another thing to remember is that we should have all of our streams studied by the end of • 40 S • • Planning Commission October 8, 2001 Page 24 this year. They have done a tremendousjob ob of going as far up the stream as possible to delineate floodways. In that situation we know where to keep the structures out of the creek. It is our automatically set setback. It is the flood way boundary, you don't encroach into that area. This will impact just a few individuals where there hasn't been a detailed study. Almost of all our creeks will have detailed studies. Ward: Do they have either/or? I mean either a 25' setback or build up? Conklin: We are trying to establish that. We have reduced the setback for those creeks that don't have any floodplain shown. Just because they don't have a floodplain shown we all realize that there is water in those creeks and they do flood. Right now we have a setback on those creeks of 5 times the width and then we jump over, so you're going downstream, you have a setback upstream. As you're going downstream all the sudden you go to an area where there is no setback which theoretically would have more water as you're going downstream. In an effort to balance this we've proposed to change the 5 times the width outside upstream and create that to 2'%times and then the one that didn't have any setback to adopt a 2% times. There was some compromise there from staff. We didn't want to set the same setback in both of these areas since we are creating more regulation within the Zone A where there currently isn't any regulation, but to recognize that as you go up stream it should be potentially less hazardous because there is less water upstream. Hoffman: I have a couple of questions. Are the definitions the same? Conklin: Yes. Hoffman: Lets say we have a pretty big development or something come in in one of these areas, many times they will channelize an existing stream to work around the development. In that case they would then, by just the nature of the large development, be providing a detailed study? Conklin: Yes, if they are going to be channelizing there is going to be a hydrologic hydraulic study. They will be amending the actual FEMA map and establishing a floodway. Hoffman: So this doesn't prevent that? Conklin: No, in most larger developments they are doing studies already. They are looking through our stormwater ordinance to look at ultimate build out. This FEMA map doesn't look at ultimate build out. Our storm water ordinance actually requires more of a study to look at current land use and future land use and build out and how that impacts their drainage Planning Commission • October 8, 2001 Page 25 structures and they have to design those drainage structures for ultimate build out. We are doing a lot to protect the development actually being developed and to make sure that flood waters can pass through those developments. Once again, these are items that we deal with on a daily basis administratively. It is the detached garage, it is maybe an addition to a house getting 3' from the creek. Knowing that the Corp of Engineers is out there doing a detailed study at this time, that garage could be potentially within a flood way. We want to establish a minimum setback from the creek in those Zone A areas. Hoffman: Just to clarify, I didn't understand the answer to Lee's question too well. In a Waal urban area then, in a small lot where there is not much room to build, I guess I don't see any language in here that actually says they can provide an engineered solution to building up a way from the flood way. Mar: I agree that needs to be in there. You see that out in Elkins on building on the White River. Conklin: It talks about that under the suggested ordinance addition. This is a Zone A. In all areas designated Zone A on the FIRM detailed study has not been completed to specify the • flood way and base flood elevations, no building or fill shall be located within a distance of 2'/2 times the width of the stream measured from top bank to top bank or 25' on each side, whichever is greater. The next sentence provides that out. "Provided the applicant may choose if not required by other provisions ofthis chapter, to provide a detailed study which delineates the flood way, hundred year floodplain boundary and base flood elevations. At such time study is provided, adopted by the City Council, the applicant shall meet all standards required when the base flood elevations are specified on the FIRM.", which is the flood insurance rate map. We are giving them an out. Ifthey want to prove to us that the water is not going to impact their development, they have that right. Man: You are not giving them an engineering solution. You are giving them a study solution. Conklin: Yes, a study. Right now there is no study. That Zone A could be 100' too wide or 100' too short. Man: If you have an engineering solution that is comparable to 2%z times the width of the stream or 25', I mean it has been engineered to have the same protection that that provides, why would that not be allowed? Conklin: I understand what you are saying. We also have provisions in our ordinance that allow individuals to apply with the City's approval to amend the flood insurance rate map, the • floodplain map that I passed down. M so • Planning Commission October 8, 2001 Page 26 ii I. Hoffman: Can we reference that section in here? I think it is important because what you've said is that they can provide a detailed study but it doesn't say what the study will get for them. Conklin: Ok, I see your point. For example, the Boys and Girls Club, they are changing the flood way floodplain out there where the ball fields are going. It is possible on larger developments when they can afford to do that. Ward: Can you kind of rewrite this a little bit where it would spell it out more? Conklin: Sure, that wouldn't be a problem. Bunch: Also Tim, on that same thing, if there is a situation where it is fairly obvious that the elevations are such, say a piece of property that has a severe hillside or a knoll or something of that nature, is there a provision where the elevations are obvious, is there a mechanism by which someone can locate closer to the stream bank? Is there an avenue to provide for exceptions when the terrain, since we are in a hilled area, we also have flat lands, where there is high ground that is obvious that a person could build a garage closer to the creek bank if they are on a bluff or something like that? Conklin: Hopefully, a more detailed engineering study would remove that property outside of the floodplain if they are up on a bluff. Our maps are getting better with the technology everyday. We did have some situations where we did have people up on top of a hill that were in a floodplain. With the new data that we have tied to our GIS system that doesn't happen. With the remaining 40% coming to us by the end of this year hopefully that resolves those situations. One thing that staffhas to abide by is that we can not change that flood insurance rate map. Only FEMA can change that map. Even if there is a mistake, we can send that data into FEMA and ask that they amend the map or revise the map but we have such good data to work with today that that doesn't happen often. Bunch: What we are looking at here is one little specific item in the grand scheme ofthings and we don't have before us the rest of the ordinance. When we are asking these questions we don't really know if it is covered by other parts of the ordinance or not. I think that may be one of the reasons we are fishing for solutions or exceptions. Conklin: This is an ordinance that you typically don't deal with at Planning Commission either. This is administrative, staffbuilding permit level type activity that we do on a weekly basis in our office. I can understand some of the confusion. I do like the suggestion of adding in there unless they amend the flood insurance rate map through the appropriate process they can remove that property out and build in those areas. I will add that if you do recommend [C 0 Planning Commission • October 8, 2001 Page 27 approval of this and forward it to the City Council. I will get that language in there to clarify that. Ward: Do you think we should table this? Conklin: I don't think you should table it. Hoffman: Can we put a variance procedure in it? Estes: Mr. Conklin, if you are going to rewrite it, my preference would be that we do table it and rewrite it. I don't see how we can approve something knowing that there is going to be a rewrite on it. Our vote of course is advisory only to the City Council but we need to know what we are advising. Conklin: Sure. Once again, I have verbalized what I was going to put in there. If you would like to see it in writing I certainly can get it to you in writing. This is not a pressing issue for our office. This is just something that we've had to deal with where one property owner is • upstream where there is no Zone A and one property is downstream. One property owner has 5 times the width of the stream, upstream. The other property in the crosshatched area doesn't have any setbacks. We are trying to equalize our administration of this ordinance. MOTION: Ward: I would like to ask that we table ADM 01-39 until we get this other language in there since you don't see it as a pressing need right this minute. I would like to table it. To be honest, it is a little bit complicated. I got to thinking about two or three things all of the sudden and now I'm confused. I move that we table it and see if we can change the language to some degree. Estes: We have a motion by Commissioner Ward to table ADM 01-39. Is there a second? Hoffman: Second. Estes: We have a second by Commissioner Hoffman, is there any further discussion? Marr: I am probably going to vote against the motion, not because I don't think we need to know • what it is. I think we've had some discussion about what point we want to add and I don't know what more we would see other than the sentence we just talked about unless there 0 49 • Planning Commission October 8, 2001 Page 28 is some other discussion point that we think is being missed. I guess I would like to know what else we're waiting to look at other than that one item. We've often referred to Tim to administratively change language and so forth in other items and I certainly have the same trust in this situation. Shackelford: I too will vote against tabling this. I concur with Commissioner Marr'.s statements on this. I would also like to add that this is simply a recommendation to City Council and would have another up to three readings at City Council before it was approved it would have the appropriate language in it. I too will vote against tabling it at this time. Marr: I am just curious if there is another item other than the one we specifically talked about as being missing or is it purely the language of that item? Ward: The language of it. Estes: Any other discussion? We have a motion by Commissioner Ward to table ADM 01-39 and a second by Commissioner Hof man. Renee, would you call the roll please? • ROLL CALL: Upon completion of roll call the motion to table ADM 01-39 was approved by a vote of 5-3-0 with Commissioners Man, Shackelford and Church voting against it. Estes: The motion passes by a vote of five to three. Is there any other business to come before the Commission? Conklin: There is no other business. I would like to remind the Commission and the audience that there is a trails and greenways forum coming up October 25 and 26. Any Commissioners that are interested please let me know. Thanks. Estes: We are adjourned. Meeting adjourned: 6:52 p.m. • Planning Commission October 22, 2001 Page 3 Roll call and approval of the minutes from October 8, 2001. Estes: Welcome to the Monday, October 22, 2001 meeting of the Fayetteville Planning Commission. The first item of business is the roll call. Renee, would you call the roll please? ROLL CALL: Upon the calling ofroll six Commissioners were present with Commissioner Church being absent, Commissioners Hoffman and Marr arrived at 5:35. Estes: A quorum being present the next item of business is approval of the minutes from the October 8, 2001 meeting. Are there any changes, additions, comments or amendments to the minutes from the October 8, 2001 meeting? Seeing none they will be approved. ADM 01-39.00 Administrative Item to revise the Flood Damage Prevention Code by adding/revising the setback from a stream bank in Zone A and Zone X flood zones. The proposal is to change the setback from a stream where a flood plain has been delineated from 5 times the width of the stream channel or 20 feet to 2.5 times the width of the stream channel or 25 feet whichever is greater. The second proposal is to establish a setback from a stream bank in a floodplain where a detailed study has not been provided (Zone A) at 2.5 times the width of the stream channel measured from top of bank to top of bank. Estes: The first item on the agenda under old business is Administrative Item to revise the flood damage prevention code by adding and revising the setbacks. Before we begin the discussion of this item, Renee would you let the roll call reflect that Commissioner Hoffman is now present and attending? Tim, are you going to make a presentation regarding this administrative item? Conklin: Yes I will. If you refer to page 1.2 it outlines the options of what you can develop in a Zone A, this item was tabled at the last Planning Commission meeting in order for the Commission to have more detailed information with regard to how this impacts individual's property when they develop within an area that is designated as a hundred year floodplain as shown on the Flood Insurance Rate Map. The proposed amendments include requiring a setback from the stream 2'h times the width of the stream channel or a 25 foot setback, whichever is greater. If the applicant would like to see if that data is inaccurate, they could apply for a letter of map amendment through FEMA which the boundaries could be changed. Another option would be for the applicant to hire a professional engineer to do a detailed hydrologic hydraulic study which would delineate a floodway. A floodway then would act as the setback. The applicant could modify the channel and we've included that section of the ordinance that allows an applicant to modify the channel and thereby relocating the stream on the property or ifthe applicant believes that the regulations need Planning Commission October 22, 2001 Page 4 to be varied, they could apply for a variance to the Planning Commission. Once again, we are trying to establish a minimum setback within a Zone A which is a hundred year floodplain with no detailed study shown on a FIRM map. The second amendment would be to revise the setback. We currently require, upstream from the Zone A, five times the width. In looking at our Flood Insurance Rate Maps, typically, as you go further upstream, your floodway narrows. On average what we found is about a 50ft wide floodway which would correspond to that minimum 25 foot setback. In one area we are establishing a setback in the area upstream we're reducing that setback but that setback more corresponds to what a floodway would be on that property. We are trying to offer protection for both upstream and downstream properties. If you have any questions I would be happy to answer them at this time. Estes: Thank you Tim. Before we take public comment on this proposed administrative item, Renee, would you let the roll call reflect that Commissioner Man is now present and attending? Thomas: Yes. Estes: Is there any Commissioner who has a question of Mr. Conklin before we proceed to public comment? Bunch: On our map on page 1.5, showing Zone X on page 1.4 we do not show Zone X in the revised ordinance, could you clarify that please? Conklin: Zone X represents areas that are outside the hundred year floodplain. There are actually two areas that are classified as Zone X, one is an area ofthe 500 year floodplain where flood water depths are less than 1' and also every area outside that area is also called Zone X. It is within this Zone X where we have streams shown as a solid line on the Flood Insurance Rate Map that this ordinance applies to. We go back to the definition of a stream, a stream is defined as any water way that shows up in a Flood Insurance Rate Map, that is a solid line. That is where we have the current setback of 5 times the width. Once again, looking at floodways and how they have been delineated on the Flood Insurance Rate Maps, typically, they are about 50 feet. To kind of give you an idea of what a floodway is, it is an area that they require that development be free and clear of, it carries the flood waters, high velocities. When they establish the floodway, they take in both sides of the bank and they pull it in to establish the floodway. Under federal law the water as you fill in the floodway can't rise more than one foot. That is what a floodway is and it is to make sure that if you fill in the entire floodplain that you still have carrying capacity and you don't increase flood waters over one foot. Planning Commission October 22, 2001 Page 5 Estes: Any other question of Mr. Conklin before we proceed to public comment? PUBLIC COMMENT Estes: Is there any member of the audience who would like to comment on this proposed administrative item to revise the flood damage prevention code by adding or revising the setback from the stream bank? Seeing none I will bring it back to the Commission for discussion or motions. Ward: We've done quite a bit of work on this Tim and it makes sense to me and I will make a recommendation that we approve ADM 01-39 administrative item to revise the flood damage prevention code with the setbacks and I guess that is all I need to do. Estes: We have a motion by Commissioner Ward to approve ADM 01-39 is there a second? Hoffman: I'll second. Estes: I'll give the second to Commissioner Hoffman. Is there any discussion? Any comments? We have a motion by Commissioner Ward to approve ADM 01-39 and a second by Commissioner Hoffman. Renee, would you call the roll please? ROLL CALL: Upon the completion of roll call the motion to approve ADM 01-39 is approved by a vote of 8-0-0. Estes: The motion passes by a vote of eight to zero. SSTAFF REVIEW FORM • X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of February 5, 2002. FROM: Tim Conklin Planning Urban Development Name Division Department ACTION REQUIRED: To approve an ordinance for ADM 01-39.00 to revise the Flood Damage Prevention Code by adding/revising the setback required from a stream bank in Zone A and Zone X flood zones as shown on the FEMA Flood Insurance Rate Map. The proposal is to change the setback from a stream where a floodplain has not been delineated from 5 times the width of the stream channel or 20 feet to 2.5 times the width of the stream channel or 25 feet whichever is greater. The second proposal is to establish a setback of 2.5 times the width of the stream channel or 25 feet whichever is greater from a stream bank in a Zone A floodplain where a detailed study has not been provided. COST TO CITY: Cost of this Request Category/Project Budget Category/Project Name Account Number Funds Used To Date Program Name Project Number Remaining Balance Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Manager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Accounting Mana er DatInternal Auditor Date City A orney DWe� ADA Coordinator Date Purchasing Officer Date STAFF RECOMMENDATION: Staff recommended approval and on October 22, 2001 the Fayettevil1ePlann,rig Commission voted 8-0-0 for approval. Date i-Iq-eZ Date /2/by t Date Cross Reference New Item: Yes Prev Ord/Res #: Orig Contract Date: Orig Contract Number: FAYETTEViLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPOND To: Tim Conklin, Planning Director From: Heather Woodruff, City Clerk Date: February 11, 2002 Attached is a copy of the ordinance amending flood damage and prevention code. The original will be microfilmed and filed with the City Clerk. cc: Jim Beavers, Engineering 010 03 City of Fayetteville Update 0Index Maintenance Document It Action 2/15/2002 16:26:46 Reference Date Ref. Taken Brief Description ORD 2052002 4368 AMENDING TITLE XV/UDO - - - - - - - - - - - - - - Enter Keywords........: ORD. 4368 File Reference #......: Security Class........: Expiration Date.......: Date for Cont/Referred: Name Referred to......: Retention Type: **** Active Cmdl-Return Cmds-Retention Cmd4-Delete Cmd3-End Press 'ENTER' to Continue Cmd5-Abstract Yes No (c) 1986-1992 Munimetrix Systems Corp. iac11�t1iia 'LM L1].i' ARKANSAS DEMOCRAT -GAZETTE Northwest Arkansas Edition N.W. Arkansas Times ------- Benton County Daily Record P.O. Box 1607 I'.O. Box 1049 Faycucville, AR 72702 Bentonville. Alt 72712 I'honc (479) 571-6400 l'honc: (479) 271-3700 Fax: (479) 442-1760 Fax: (479) K45-1036 VY AFFIDAVIT OF PUBLICATION /_ 1, 1l/(( , do solemnly swear that I am Legal Clerk of the Arkansas Democrat -Gazette newspaper, printed and published at Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, the advertisement of: Ord Nn, 4308 was inserted in the regular editions on: 3/r c0 2-0O ** Publication Charge S 4X n •i g Purchase Order Subscribed and sworn to before me this day of.y \ 2002 Notary Public My Commission expires:___,,,,..( •,M-OfFi W seal TAMMY ALLEN_ �nINGTON COUTY WASH ff...,: 112011 ** RECE!VFD MAR 252002 CITY OFFAY, j,E CITY CLERK'S OFFICE will be sent. a, oats or varl- emeiUs of this a pwsona ag- in of the Plan - aiding a vani- ppeal such a of competent 1. mere are exceptional Or ex- traordinary circumstances or condi- tions applicable to the property Involved or to the Intended use of the yopaty, whkh do not apply genemiy at other property in the same flood zone: II. a determination that failure to grant the variance would result in upon such ; excDtpnal hardship to the applicant: muameu „vvu ,r,other etod ns 01 tin Ordsancl.ie in gay to wink isf otller sections c s may be. pubic expense, b. Variances , ry be issued for ; the reconstruction, rehabilitation ted in or �h c, or conll atoaRgistructuresoric thein prmfsions of the Co National iut regird ttothistoricedure, g, Variancesi zIdent fi d in regard remaindero the nrer of this new construction " ordininc. ml be improvements .,ordinance. Variances may only be development ne issued for such repair frhehobdnace conduct of a functl •� If shim enforcement enforcement of the ordinance use provided that t ,would preclude the structure's 168.03(A) are satin continued designation a historic structure or other .. structure, and the variance Is the meth, ....nun. nMeeciam M n@SRNa the protected by C. uentralry, rmuu,wa mr "issued for new construction and :Issued Improvements to be .,:erected an a lot 'A acre or less in size • contiguous to and surrounded by lots y�rwith existing structures constructed below, the base flood level, rovidingitems (1) through (11) of 16&u.0 (A) have been fully 'considered. As the lot size Increases beyond 'A acre, the technical justification required for Issuing the :, e. V determination hebsuh roppon a determination that the variance is the minimum necessary, considering the flood hazard, to afford fm'% Fiodplmvalia nahe8onN lbbwndtl: .. h, Upon consideration of the factors In this Section and the purposes of this ordinance, the Plan- ning Commission may impose conditions to the granting of floodpiain variances as It deems necessary to further the purposes of I. Any applicant to whom a Administrator In the office of the Washington County Clerk and shall be recorded in a manner so that it pears in the chain of title of the parcel m land. Section A. That Chapter 168: Flood Damage Prevention Code, Unified Development Ordinance, Code of Fayetteville is hereby repeated, and Exhibit 'B' with Appendix attached haelo and made a pmt hereto, b inserted in hs stead. PASSED and APPROVED this 5' day of ,2802. APPROVED. y DA. 0000y, Mawr AiyElP Heats Woodruff, MaClerk r 16, 2002 588193 5881930 .. -