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HomeMy WebLinkAbout2001-10-22 - Agendas - Final AGENDA FOR A REGULAR MEETING OF THE PLANNING COMMISSION A meeting of the Fayetteville Planning Commission will be held Monday, October 22,2001 at 5:30 p.m. in the City Administration Building, 113 West Mountain Street,Room 219, Fayetteville,Arkansas. The following items will be considered: Approval of minutes from the October 8,2001 meeting. Old Business: 1. 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. 2. ADM 01-41.00: Administrative Item (City of Fayetteville-Section 171.12)was submitted by Kit Williams, City Attorney on behalf of the City of Fayetteville. The request is to amend Section 171.12 of the Unified Development Ordinance (sidewalks). Also to include discussion of an ordinance under development addressing rough proportionality of requirements of UDO of the City of Fayetteville. New Business: 3. CUP 01-11.10: Conditional Use (Golden Corral Corporation, pp 96)was submitted by Robyn Wilgus of Freeland-Kauffman & Fredeen on behalf of Golden Corral Corporation for property located at the SW corner of North College Avenue and Main Drive. The property is zoned C-2, Thoroughfare Commercial and contains approximately 13.23 acres. The request is for 90 parking spaces in excess of that permitted by the UDO. 4. LSD 01-9.10: Large Scale Development (Golden Corral Corporation, pp 96)was submitted by Robyn Wilgus of Freeland-Kauffinan &Fredeen on behalf of Golden Corral Corporation for property located at the SW corner of North College Avenue and Main Drive. The property is zoned C-2, Thoroughfare commercial and contains approximately 3.49 acres. The request is to build a 10,330 sq.ft. restaurant withl52 parking spaces. 5. LSD 01-33.00: Large Scale Development (Country Inns & Suites, pp 402) was submitted by John Wary of Morrison-Shipley Engineers, Inc. on behalf of NWA Hospitality LLC for property located at Lot 5, Wedington Place. The property is zoned C-2, Thoroughfare Commercial and contains approximately 1.80 acres. The request is to build a 12,665 sq. ft. building with 65 units. 6. PPL O1-5.00: Preliminary Plat(Heritage East,Phase II,pp 565) was submitted by Landtech Engineering Inc. on behalf of Northwest Builders for property located between 151 Street and Huntsville Road on the east of Curtis Avenue. The property is zoned R-2, Medium Density Residential and contains approximately 11.4 acres with 40 lots proposed. 7. ADM 01-42.00: Administrative Item (City of Fayetteville Planning Area) was submitted by the Planning Division on behalf of the City of Fayetteville. The request is to amend the Planning Area Boundary. 8. ANX 01-4.00: Annexation (Foster,pp 398)was submitted by Dave Jorgensen of Jorgensen& Associates on behalf of Mark Foster for property owned by Eugene Nottenkamper and Anthony Turchi and located north of Wedington on the east side of 5151 Street. The request is to annex into the city approximately 30.99 acres located in the Planning Area. 9. RZN O1-22.00: Rezoning (Foster, pp 398) was submitted by Dave Jorgensen of Jorgensen& Associates on behalf of Mark Foster for property owned by Eugene Nottenkamper and Anthony Turchi and located north of Wedington on the east side of 511` Street. The property is zoned A-1,Agricultural and contains approximately 30.99 acres. The request is to rezone to R-1. Residential. 10. CUP 01-27.00: Conditional Use (Bass/Shewmaker,pp 483) was submitted by James Key of Key Architecture on behalf of David Bass and Richard Shewmaker for property located at 603 W. Dickson Street. The property is zoned C-3, Central Commercial and contains approximately 0.12 acres. The request is for a dance hall. All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the Office of City Planning (575-8264), City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public meetings. 72 hour notice is required. For further information or to request an interpreter,please call Don Bunn at 575-8330. ORDER OF PLANNING COMMISSION MEETING A. Introduction of agenda item- Chairman B. Presentation of request-Applicant C. Public Comment D. Response by Applicant/Questions& Answer with Commission E. Action of Planning Commission (Discussion and vote) NOTE TO MEMBERS OF THE AUDIENCE If you wish to address the Planning Commission on an agenda item, raise your hand when the Chairman asks for public comment. He will do this after he has given Planning Commission members the opportunity to speak and before a final vote is taken. Public comment will only be permitted during this part of the hearing for each item. Once the Chairman recognizes you, go to the podium at the front of the room and give your name and address. Address your comments to the Chairman,who is the presiding officer. He will direct them to the appropriate appointed official, staff member or others for response. Please keep your comments brief,to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the Planning Commission. 2001 Planning Commissioners: Bob Estes - Chairman Lorel Hoffman -Vice Chairman Lee Ward - Secretary Nancy Allen Don Bunch Sharon Hoover Don Marr Loren Shackelford Alice Church Addendum to Planning Commission Agenda Packet for October 22,2001 Replace Agenda Replace 3.1 & 3.2 with 3.1 a&3.2a Add 8.10 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: Dawn T. Warrick, Senior Planner THRU: Tim Conklin, A.I.C.P., City Planner DATE: October 22, 2001 CUP 01-11.10: Conditional Use (Golden Corral Corporation, pp 96)was submitted by Robyn Wilgus of Freeland-Kauffman& Fredeen on behalf of Golden Corral Corporation for property located at the SW comer of North College Avenue and Main Drive. The property is zoned C-2, Thoroughfare Commercial and contains approximately 13.23 acres. The request is for 90 parking spaces in excess of that permitted by the UDO. RECOMMENDED MOTION: Staff recommends approval of the conditional use based on the findings included in this staff report and subject to the following conditions: 1. Planning Commission approval of the accompanying large scale development and all conditions associated with that project. PLANNING COMMISSION ACTION: Required YES O Approved O Denied Date: October 22,2001 Comments: The"CONDITIONS OF APPROVAL"listed in this report are accepted in total without exception by the entity requesting approval of this conditional use. Name: Date: H.IUSERMCOMMONDA WNnREPORTSWC110-22-011GOLDEN CURDOC - - Planning Commission October 22,2001 CUP01-11.10 Golden Corral Page 3.]a BACKGROUND: The Golden Corral Corporation is proposing to develop the southwest corner of Main St. (Johnson Rd.) and N. College Ave.with a new restaurant. The large scale development request for this development accompanies this conditional use. A total of 62 spaces are permitted by ordinance(1 per 200 s.f. plus 20%). The applicant has proposed to build 152 spaces resulting in the need for a conditional use for the additional 90 parking spaces. SURROUNDING LAND USE AND ZONING North: Bank and Multi tenant commercial development , Commercial (Springdale) South: Undeveloped, floodway/floodplain and hillside, C-2 East: Locomotion, C-2 West: Vacant, Commercial (Johnson) GENERAL PLAN DESIGNATION Regional Commercial § 163.02. AUTHORITY; CONDITIONS; PROCEDURES. B. Authority; Conditions. The Planning Commission shall: 1. Hear and decide only such special exemptions as it is specifically authorized to pass on by the terms of this chapter. 2. Decide such questions as are involved in determining whether a conditional use should be granted; and, 3. Grant a conditional use with such conditions and safeguards as are appropriate under this chapter; or 4. Deny a conditional use when not in harmony with the purpose and intent of this chapter. C. A conditional use shall not be granted by the Planning Commission unless and until: 1. A written application for a conditional use is submitted indicating the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested. Finding: The applicant has submitted a written request for a conditional use permit to allow parking in excess of that permitted by the City's parking lot ordinance K.-IUSERSICOMMONIDA WN7IREPORTYP010-21-01IGOLDEN CURDOC Planning Commission October 22,2001 CUP01-11.10 Golden Corral Page 3.2a I � I _ _.#I CA X11 II � • 11 L II/ �nj� FI All�� p l"._AIsa �rre7 am _ FY's �■■V■mo�ii���C �I _ lW/AM �IIIIII�\ ��' :[�►1111►m_ '� ►�uu■Ilp \ 111►� •nun C npnplill ilii i■\I��G,�_ =��t■t1 nm firfiti p ......� ] ���_-��•nnlo�ui�nnn\�. w M11f56tl11i{yn[.�� i tlOtlt � 5iiiiEiiifiii__�==�� ■� �� I[I p[[�6t[tlgly W •n ■ ti 11 ■� - �`iiiiiiiiiiu.c�y==��� ��- egg •�[ �■111111 iiiiiiiiii S.,�li==�� � � �gpi9i i� . r--._", -� �.:iiiciiliiiFi�I■\i���n ��[���\\ j[ni:�ii i n iO I' ,au'A!■� JI'1mmu�� ■ III , �1�' [I MEN �II� II INNING II II � II: I } 1 J I / 1 1 1 1 1 1 I BOOM 11111 AGENDA FOR A REGULAR MEETING OF THE PLANNING COMMISSION A meeting of the Fayetteville Planning Commission will be held Monday, October 22,2001 at 5:30 p.m. in the City Administration Building, 113 West Mountain Street, Room 219, Fayetteville,Arkansas. The following items will be considered: Approval of minutes from the October 8,2001 meeting. Old Business: 1. 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. 2. ADM 01-41.00: Administrative Item(City of Fayetteville-Section 171.12)was submitted by Kit Williams, City Attorney on behalf of the City of Fayetteville. The request is to amend Section 171.12 of the Unified Development Ordinance (sidewalks). Also to include discussion of an ordinance under development addressing rough proportionality of requirements of UDO of the City of Fayetteville. New Business: 3. CUP 01-11.10: Conditional Use(Golden Corral Corporation,pp 96) was submitted by Robyn Wilgus of Freeland-Kauffman&Fredeen on behalf of Golden Corral Corporation for property located at the SW corner of North College Avenue,and Main Drive. The property is zoned C-2, Thoroughfare Commercial and contains approximately 13.23 acres. The request is for 101 parking spaces in excess of that permitted by the UDO. 4. LSD 01-9.10: Large Scale Development (Golden Corral Corporation,pp 96)was submitted by Robyn Wilgus of Freeland-Kauffman & Fredeen on behalf of Golden Corral Corporation for property located at the SW corner of North College Avenue and Main Drive. The property is zoned C-2, Thoroughfare commercial and contains approximately 3.49 acres. The request is to build a 10,330 sq.ft. restaurant with152 parking spaces. 5. LSD 01-33.00: Large Scale Development(Country Inns & Suites, pp 402) was submitted by John Wary of Morrison-Shipley Engineers, Inc. on behalf of NWA Hospitality LLC for property located at Lot 5, Wedington Place. The property is zoned C-2, Thoroughfare Commercial and contains approximately 1.80 acres. The request is to build a 12,665 sq. ft. building with 65 units. 6. PPL O1-5.00: Preliminary Plat (Heritage East, Phase II, pp 565)was submitted by Landtech Engineering Inc. on behalf of Northwest Builders for property located between . 15`h Street and Huntsville Road on the east of Curtis Avenue. The property is zoned R-2, Medium Density Residential and contains approximately 11.4 acres with 40 lots proposed. 7. ADM 01-42.00: Administrative Item (City of Fayetteville Planning Area)was submitted by the Planning Division on behalf of the City of Fayetteville. The request is to amend the Planning Area Boundary. S. ANX O1-4.00: Annexation (Foster,pp 398) was submitted by Dave Jorgensen of Jorgensen& Associates on behalf of Mark Foster for property owned by Eugene Nottenkamper and Anthony Turchi and located north of Wedington on the east side of 5l't Street. The request is to annex into the city approximately 30.99 acres located in the Planning Area. 9. RZN O1-22.00: Rezoning(Foster, pp 398) was submitted by Dave Jorgensen of Jorgensen& Associates on behalf of Mark Foster for property owned by Eugene Nottenkamper and Anthony Turchi and located north of Wedington on the east side of 515` Street. The property is zoned A-1, Agricultural and contains approximately 30.99 acres. The request is to rezone to R-l. Residential. 10. CUP O1-27.00: Conditional Use (Bass/Shewmaker, pp 483) was submitted by James Key of Key Architecture on behalf of David Bass and Richard Shewmaker for property located at 603 W. Dickson Street. The property is zoned C-3, Central Commercial and contains approximately 0.12 acres. The request is for a dance hall. All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the Office of City Planning (575-8264), City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public meetings. 72 hour notice is required. For further information or to request an interpreter,please call Don Bunn at 575-8330. ORDER OF PLANNING COMMISSION MEETING A. Introduction of agenda item- Chairman B. Presentation of request - Applicant C. Public Comment D. Response by Applicant/Questions &Answer with Commission E. Action of Planning Commission(Discussion and vote) NOTE TO MEMBERS OF THE AUDIENCE - -- — - If you wish to address the Planning Commission on an agenda item, raise your hand when the Chairman asks for public comment. He will do this after he has given Planning Commission members the opportunity to speak and before a final vote is taken. Public comment will only be permitted during this part of the hearing for each item. Once the Chairman recognizes you, go to the podium at the front of the room and give your name and address. Address your comments to the Chairman, who is the presiding officer. He will direct them to the appropriate appointed official, staff member or others for response. Please keep your comments brief,to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the Planning Commission. 2001 Planning Commissioners: Bob Estes - Chairman Lorel Hoffman -Vice Chairman Lee Ward- Secretary Nancy Allen Don Bunch Sharon Hoover Don Marr Loren Shackelford Alice Bishop 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 Planning Commission October 22, 2001 ADM01-39 Flood Page 1.1 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 (Re ug latory 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. Planning Commission October 22, 2001 ADM01-39 Flood Page 1.2 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) Planning Commission October 22, 2001 ADM01-39 Flood Page 1.3 � u W `\ r d , . � � a � x I} W W \ Q �1 Vl U '4► W m r � V) Nc \♦, Q La 0-4 to Ci � WJ J � N Iz ,\ w =d \ ZQ 3 t4 O ♦ - O LL w J � z N .t �C a W - Q Planning Commission —� October 22, 2001 LL ADM01-39 Flood Page 1.4 EAST ROCK STREET O K EET 3 SPR �o WALKE WEST SOUTH EAST SOUTH J� P ARCHIBALD 4TH STREET , w y ZONEA o OGH w � z T�i ¢ 5TH STREET y <F z = W o� N ~ J = � WEST 6TH STREET LIMIT EAST 6_ DETAILED 0 STUDY y . 1253 8 EAST 7TH STREET ST STREET 250 m ' ZONE X w w > > w ZONE a a 1240 EAST9TH ¢ O w N z Z h ZONE AE ` ¢ N � � 1230 a W `1224 EAST11TH .T Z ZONE X Z 0 N 3 w 220 w ST12TH 3 ZONE X o ¢ 1219 _ET EAST 13TH v; 0 ELLA _ ZONE X U y Alanning Commission ,q '=, p October 22, 2007 XRM110 RM109 FIRM ADMOI-39 Flood (,F LOCA It0g7RAt t� M-.MRP Page 7.S (Amended 4/11/95;illustrations added 5/18/95) (Amended 12-20-96) (Amended 8-30-01) PROPOSED REVISIONS 10/18/01 FLOOD DAMAGE PREVENTION CODE STATUTORY AUTHORIZATION,FINDINGS OF FACT,PURPOSE AND METHODS A. STATUTORY AUTHORIZATION The legislature of the State of Arkansas has in Act 629-1969 delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council of the City of Fayetteville, Washington County, Arkansas, does ordain as follows: B. FINDINGS OF FACT 1. 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. 2. 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, floodproofed or otherwise protected from flood damage. C. 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, in addition to the following: 1. To minimize expenditure of public money for costly flood control projects; 2. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 3. To minimize prolonged business interruptions; 4. To minimize damage to public facilities and utilities such as water and gas mains; 1 Planning Commission - October 22, 2001 ADM01-39 Flood Page 1.6 electric, telephone and sewer lines, streets and bridges located in floodplains; 5. To help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; 6. To ensure that potential buyers are notified that property is in an area of special flood hazard; 7. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; and 8. To protect human life and health. D. METHODS OF REDUCING FLOOD LOSS In order to accomplish its purposes, this ordinance uses the following methods: 1. Restricting or prohibiting uses that are dangerous to health, safety or property due to water or erosion hazards in times of flood, or cause excessive increases in flood heights or velocities; 2. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 3. Controlling the alteration of natural floodplain, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; 4. Controlling filling, grading, dredging and other development which may increase flood damage; 5. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. E. DEFINITIONS In addition to those.terms defined in section 160.002 of the Fayetteville Municipal Code, the following definitions apply: Anneal. A request for a review of the Floodplain Administrator's interpretation of any provision of this Chapter. Area of shallow flooding. A designated AO, AH, or CP Zone on the Flood Insurance Rate 2 Planning Commission October 22, 2001 ADM01-39 Flood Page 1.7 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. 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. See "Special flood hazard area." Base flood. 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). 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. Any area of a building having its floor subgrade (below ground level) on all sides. Elevated building. 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. In 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 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 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." Existing manufactured home nark or subdivision 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 3 Planning Commission October 22, 2001 ADM01-39 Flood Page 1.8 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 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). 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). The component of FEMA directly responsible for administering the National Flood Insurance Program. Flood or floodine. 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 floodwaymap. 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),. 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. 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. Floodplain or flood-prone area. Areas that are subject to, or are exposed to, flooding and flood damage. 4 Planning Commission October 22, 2001 ADM01-39 Flood Page 1.9 I FIeolplc,',n Floedreuv Floodwoy FringeJr— Floodwoy Fringe F- r- i it u tn= m w w o o Floodwoy Fr-moe Floodwoy Floodpkw, Floodplain management. 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. 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. Floodprroofing. 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 floodwav). 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 5 Planning Commission October 22, 2001 ADMOI-39 Flood Page 1.10 surface elevation more than 1 foot. Also referred to as "Regulatory floodway." Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. Highest adiacentrg ade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic Structure 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 © Individually listed on a state inventory of historic places which has been approved by the Secretary of the Interior. Lowest floor. 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. 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. 6 Planning Commission October 22, 2001 ADMOI-39 Flood Page 1.11 Levee system. 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 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 nark or subdivision. A parcel (or contiguous parcels) of land divided into 2 or more manufactured home lots for sale or rent. Mean sea level. 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. For floodplain management purposes, structures for which Levee the "start of construction 11 commenced 7 Planning Commission October 22, 2001 ADM01-39 Flood Page 1.12 on or after the effective date of this development code. One hundred year flood. 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. see "Floodway." Remedy a violation. 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. Riverine. Relating to, formed by, or resembling a river(including tributaries), stream, brook, etc. Special flood hazard area(SFHA). 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. 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 thepermit 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. 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 8 Planning Commission October 22, 2001 ADM01-39 Flood Page 1.13 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. 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. 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 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. 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. 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. 9 Planning Commission October 22, 2001 ADM01-39 Flood Page 1.14 Water surface elevation. The height, in relation to the National Goedetic 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. F. GENERAL PROVISIONS 1. This chapter shall apply to all areas of special flood hazards and areas of flood- related erosion hazards within the jurisdiction of the city. 2. The areas of special flood hazards and areas of flood-related erosion hazards identified by the Federal Emergency Management Agency or the Federal Insurance Administration in a scientific and engineering report entitled "Flood Insurance Study, Washington County, Arkansas and Incorporated Areas" dated September 18, 1991, with accompanying Flood Insurance Rate Maps, both of which may from time to time hereafter be amended and updated by FEMA, are hereby adopted by reference and made a part of this code as if set out in full herein. This Flood Insurance Study is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the council by the Floodplain Administrator. 3. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the city from taking such lawful action as is necessary to prevent or remedy any violation. 4. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and any other code, ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more restrictive restrictions shall prevail. 5. In the interpretation and application of this chapter, all provisions shall be: a. Considered as minimum requirements; b. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under state statutes. 10 Planning Commission October 22, 2001 ADM01-39 Flood Page 1.15 6. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. . Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. 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 thereunder. G. ADMINISTRATION 1. A Floodplain Development Permit shall be obtained before obtaining a Building Permit and prior to any construction or development within any area of special flood hazards or area of flood-related erosion hazards established in section F (2). An application for a Floodplain Development Permit shall be made on forms 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: a. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; b. Proposed elevation in relation to mean sea level to which any structure shall be floodproofed; C. All appropriate certifications listed in section G(3)(a)(2) of this chapter; and d. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. 2. The 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: a. The danger to life and property due to flooding or erosion damage; 11 Planning Commission October 22, 2001 ADM01-39 Flood Page 1.16