HomeMy WebLinkAbout2013 Ordinance No. 008.. , '
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ORDINANCE NO . X_
SERIES OF 2013
BY AUTHORITY
COUNCIL BILL NO . 3
INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE AMENDING TITLE 16, CHAPTERS 1, 2 , 3, 4, 5, 6, 8, 9 AND 11, OF THE
ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO FLOODPLAIN REGULATIONS.
WHEREAS , the Colorado Water Conservation Board (CWCB), in partnership with the Federal
Emergency Management Agency (FEMA), began a project to update and digitize all Floodplain ,
Insurance Rate Maps (FIRM) for Arapahoe County; and
WHEREAS, at the completion of the project the City of Englewood amended Title 16 by
adopting the updated Englewood FIRMs and corresponding regulations under Ordinance No . 44,
Series of 201 O; and
WHEREAS, in 2011, the State of Colorado adopted higher standards for floodplain
management prov iding uniform standards for regulatory floodplains in Colorado and activities in
those floodplains; and
WHEREAS, the CWCB requires that any community that participates in the National Flood
Insurance Program (NFIP) must adopt the new standards ; and
WHEREAS , the City 's favorable NFIP rating regarding flood mitigation policies and
regulations allows citizens with property within the floodplain to receive approximately a ten
percent (10%) reduction in flood insurance premiums ; and
WHEREAS, the proposed amendments are necessary in order for the City of Englewood to
remain in the program and provide the discounted premium option for Englewood residents ; and
WHEREAS, the CWCB requires the amendments to be adopted and effective by January 14,
2014;and
WHEREAS, the Planning and Zoning Commission held a public hearing on January 8, 2013 ;
and
WHEREAS, the Planning and Zoning Commission approved the amendments to the Floodplain
Regulations and recommended forwarding to City Council;
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 16, Chapter 1, Section 4, of the Englewood Municipal Code 2000, entitled Purpose and
Intent, to read as follows :
16-1-4: Purpose and Intent.
A. General Intent and Purpose. The City Council hereby finds, determines, and
declares that the uniform regulation of land development in the City, in accordance
with a Comprehensive Plan and as established by the standards, procedures, and
enforcement provisions of this Title, is necessary for the immediate preservation of
the public peace, health, safety, convenience, and welfare.
B. Intent to Supersede General Colorado Law. The City of Englewood recognizes that
zoning is ultimately a local and municipal matter, and intends with this Title to
supersede within the territorial limits and other jurisdiction of the City any general
law of the State of Colorado in conflict herewith.
C. Specific Purpos es . The regulations of this Title are intended to implement the
Englewood Comprehensive Plan, as amended, and more specifically to:
1. Encourage and facilitate land use by designating and regulating the distribution
and location of buildings , structures , and land for residential, commercial,
industrial, recreational, or other appropriate uses.
2 . Promote land uses that support and encourage economic and sustainable
development.
3 . Regulate uses within floodplains ~ to mitigate hazards to the public and
damage to property.
4. Promote development that preserves and enhances quality of life and protects
environmental resources of the City.
5 . Facilitate the provision of infrastructure such as water, sewerage, streets,
transportation, and other public facilities .
6. Regulate the division, transfer and conveyance of realty within the City.
7. Provide a comprehensive, consistent, and efficient development review process .
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• Section 2. The City Council of the City of Englewood, Colorado hereby authorizes amending
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Title 16, Chapter 2, Section 2 , of the Englewood Municipal Code 2000, entitled Summary Table
of Administrative and Review Roles, to read as follows:
16-2-2: Summary Table of Administrative and Review Roles.
The following table summarizes the review and decision-making responsibilities of the entities
that have specific roles in the administration of the procedures set forth in this Chapter. For
purposes of this table, an "(Approval) Lapsing Period" refers to the total time from the
application's approval that an applicant has to proceed with, and often complete, the approved
action. Failure to take the required action within the specified "lapsing period" will automatically
void the approval. See Section 16-2-3.L EMC, "Lapse of Approval," below.
... ~ ... , .,. .J_,.s,..~ q/';
Adaptive Reuse of 16-5-3 ✓ R R D ✓ ✓ None
Designated Historical
Buildings
Administrative 16-2-✓ D A None
Adjustments 17
Administrative Land 16-2-✓ D A 60 days to
Review Permit 11 record
Amendments to the Text 16-2-6 R R D ✓ None
of this Title
Annexation Petitions 16-2-5 ✓ R R D ✓ ✓ None
Appeals to Board 16-2-✓ D ✓ None
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Comprehensive Plan 16-2-4 R R D ✓ None
Amendments
Conditional Use Permits 16-2-✓ R D A ✓ ✓ 1 year
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Conditional Use -16-7 ✓ R D A ✓ ✓ ✓ None
Telecommunication
Development 16-2-R D As stated in
Agreements 15 Agreement
Floodplain P±am Dev't. See Chapter 16-4 for applicable procedures and standards
Permit and Floodplain
P±am Variances
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Historic Preservation 16-6-✓ R R D ✓ ✓ None
11 • Landmark Sign 16-6-✓ D A ✓ ✓
13
Limited Review Use 16-2-✓ D A 1 year
Pennits 13
Major Subdivisions 16-2-
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Preliminary Plat ✓ R R D ✓ ✓ ✓ 6 months to
submit Final
Plat
Final Plat R R D ✓ ✓ ✓ 60 days to
record
Simultaneous Review ✓ R R D ✓ ✓ ✓ 60 days to
Preliminary Plat/Final record
Plat
Recorded Final Plat None
Minor Subdivision 16-2-
11 • Preliminary Plat ✓ D A 6 months to
submit Final
Plat
Final Plat D A 60 days to
record
Recorded Final Plat None
Official Zoning Map 16-2-7 ✓ R R D ✓ ✓ ✓ None
Amendments
(Rezonings)
PUD and TSA Rezonings 16-2-7 ✓ R R D ✓ ✓ ✓ None
Temporary Use Pennits 16-2 -✓ D A As stated in
14 Pennit
Unlisted Use 16-5-✓ D A None
Classifications 1.B
Zoning Site Plan 16-2-9 D A 3 years
Zoning Variances 16-2-✓ R D ✓ ✓ 180 days
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CM/D = City Manager or Designee (Including the Development Review Team)
PC = Planning and Zoning Commission
CC = City Council
BAA = Board of Adjustment and Appeals
1 Notice Required: See Table 16-2-3.1 Summary of Mailed Notice Requirements
Section 3. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 16, Chapter 2, Section 10, Subsection E, of the Englewood Municipal Code 2000, entitled
Zoning Variances, to read as follows:
16-2-10: Major Subdivisions.
Approval of a Major Subdivision Plat is required whenever a subdivision of land requires the
dedication of land for public rights-of-way or public areas. Approval of a Major Subdivision Plat
requires a two-stage process involving (1) approval of a preliminary plat by the Commission, and
(2) approval of a final plat document by the Council. The Minor Subdivision process in Section
16-2-11 EMC, shall apply where dedication of land is not required and to certain boundary
adjustments and lot consolidations.
EDITORS NOTE: The Subsections A through D, contain no changes and are therefore
not included here .
E . Criteria. The Commission shall review and consider the preliminary plat application with
particular attention to the following matters:
1. The zoning of the property proposed for subdivision, together with the zoning of the
areas immediately adjacent thereto.
2. The proposed layout of lots and blocks and the proposed dimensions thereof to
demonstrate compliance with applicable yard area requirements.
3. The availability of all utilities , and the proximity thereof to the area proposed for
subdivision.
4. Topography and natural features of the land with special reference to floodplains ~-
5. The continuity of streets and alleys within the area proposed for subdivision, and the
design and location of such streets and alleys , with relation to existing streets and alleys,
both within and without the area proposed for subdivision, and the Master Street Plan.
6. Whether rights-of-way are designed and located to facilitate the safe movement of
pedestrians and bicyclists.
7. Whether bicycle and pedestrian facilities have been selected, located, and designed in
accordance with current City standards .
8. The location of utility and other easements.
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9. The location of, and provision for, public areas, including land reserved for parks,
schools and other public uses.
10. The method of handling drainage and surface water.
11. Any other matters that the Commission deems important to be considered in order to
accomplish the purposes set forth in this Title.
EDITORS NOTE: Subsections F through G, contain no changes and therefore are not
included here.
Section 4. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 16, Chapter 2, Section 16, of the Englewood Municipal Code 2000, entitled Zoning
Variances, to read as follows:
16-2-16: Zoning Variances.
Two (2) different types of variance are available: ( 1) Zoning Variances and (2) Floodplain PlaH½
Variances. Zoning Variances are addressed in this section, and Floodplain P-laffi-V ariances are
addressed in Chapter 16-4 EMC (Floodplain Regulations). (Note that the Planning Commi s sion
is the decision-making body on Floodplain Plttffi Variances rather than the Board of Adjustment
and Appeals.) The Board of Adjustment and Appeals pursuant to the procedures in this Section
may grant Zoning Variances from the zoning provisions of this Title otherwise applicable to a
property.
EDITORS NOTE: The remaining sections of 16-2-16 contain no changes and are not
included here.
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Section 5. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 16, Chapter 3, Section 1, of the Englewood Municipal Code 2000, entitled General
Provisions, to read as follows:
16-3-1: General Provisions.
A. Establishm ent of Bas e Zoning Districts. The following base zoning districts are hereby
established:
Residential One Dwelling Unit Districts
R-1-A A large lot size, one dwelling unit residential district
R-1-B A medium lot size, one dwelling unit residential district
R-1-C A small lot size one dwelling unit residential zone district
Residential One and Multi-Dwelling Unit Districts
R-2-A A low-density one and multi-dwelling unit residential zone district
R-2-B A medium-density one and multi-dwelling unit residential zone district
Mixed-Use Residential/Limited Office-Retail Districts
MU-R-3-A low-density residential and limited office zone district
A
MU-R-3-A medium to high density residential and limited office zone district
B
MU-R-3-A hi gh density residential and limited office zone district
C
Mixed-Use Medical Districts
M-1 A mixed-use medical, office, and high density residential zone district
M-2 A mixed-use medical, office, high density residential and limited retail zone district
Mixed-Use Commercial Districts
MU-B-1 A mixed-use central business zone district
MU-B-2 A general arterial business zone district
TSA A mixed-use district intended for land uses adjacent to light rail transit stations
Industrial Districts
I-1 A light industrial zone district
I-2 A general industrial zone district
Special Purpose Districts
PUD Planned Unit Dev elopment
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B. Relationship of Base Districts to Overlay Districts. Lands within the City may be classified
into one of the base zoning districts, as described above, and may also be classified as an
overlay district= (see, for e~,ample, Chapter le 4 EMC, "flood PlaiR o,,eday Distriot" .) An
overlay district is a land use classification that lies over the base zoning allowing for
additional uses and development standards different from the base zoning. Where the
property is classified in an overlay district as well as a base zoning district, then the
regulations governing development in the overlay district shall apply in addition to the
regulations governing development in the underlying district. In the event of an express
conflict between the standards governing a base district and those governing an overlay
district, the standards governing the overlay district shall control.
TABLE 16-3-1.2: OVERLAY DISTRICTS
Name Description
M-0-2 A medical overlay district covering a portion of the R-2-B base residential zone district.
NPO A neighborhood preservation overlay district covering a portion of the MU-R-3-B base residential
zone district.
C. Compliance with District Standards. No building or structure shall be erected, converted,
enlarged, reconstructed, or altered for use, nor shall any land, building, or structure be used
or changed, except in accordance with the zoning district regulations of this Chapter 16-3
EMC, the use regulations of Chapter 16-5 EMC, the development standards of Chapter 16-6
EMC, and all other applicable regulations of this Title.
Section 6. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 16 Chapter 4, of the Englewood Municipal Code 2000, entitled Floodplain Regulations, to
read as follows:
16-4: FLOODPLAIN REGULATIONS
16-4-1: Authority and Purpose.
A. Statutory Authority. The legislature of the State has in 31 23 301 Title 29, Article 20 C.R.S.,
as amended, delegated the responsibility to local governmental units to adopt regulations
d es igned to promote the public health, safety, and general welfare of its citizenry by
minimizing flood losses .
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B. Findings of Fact.
1. The flood hazard areas of the City are subject to periodic inundation which can results in
loss of life and property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and relief,
and impairment of the tax base, all of which adversely affect the public health, safety,
and general welfare.
2. These flood losses are caused by the cumulative effect of obstructions in areas of special
flood hazards areas that cause an increase in flood heights and velocities, and by the
occupancy of flood hazard areas by uses vulnerable to floods and whieh hazardous to
other lands because they are inadequately anchored, elevated, floodproofed or otherwise
protected from flood damage.
C. Purpose. It is the purpose of this Chapter to promote the public health, safety and general
welfare, and to minimize public and private losses due to flood conditions te in specific areas
by provisions designed to:
1. Protect human life and health;
2. Protect property and minimize damage to~ critical facilities infrastructure and other
public facilities such as water. sewer, and gas mains: electrical and communications
stations: and streets and bridges located in floodplains;
3. Minimize expenditure of public money for costly flood control projects;
4. Protect the natural areas required to convey flood flows so that they develop in a manner
consistent with reasonable floodplain management;
5 . Protect and preserve the water-carrying characteristics and capacities of all watercourses ,
including gulches, sloughs, and artificial water channels used for the conveyance of
storm and floodwater;
6 . Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
7. Minimize prolonged business interruptions ;
8. Help maintain a stable tax base by providing for the sound use and development of flood
prone areas to minimize future flood blight areas; and
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9. Insure that potential buyers are notified that property is in a flood hazard area.
D . Methods of Reducing Flood Losses. In order to accomplish its purposes, this Chapter uses the
following methods :
1. Restrict or prohibit uses that are dangerous to health, safety or property in times of flood,
or cause excessive increases in flood heights or velocities;
2. Require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
3. Control the alteration of natural floodplains, stream channels, and natural protective
barriers, which are involved in the accommodation of flood waters;
4. Control filling, grading, dredging and other development which may increase flood
damage; and
5 . Prevent or regulate the construction of flood barriers, including fences and walls, which
will unnaturally divert flood waters or which may increase flood hazards to other lands.
16-4-2: Jurisdiction and Applicability.
A. Applicability. The provisions of this Chapter shall apply to all land within the City identified
as the floodplail'l Distriot aRd defined as :
1. The areas of special flood hazard areas identified by the Federal Emergency
Management Agency in a scientific and engineering report entitled "Flood Insurance
Study -Arapahoe County, Colorado, and Incorporated Areas" dated December 17, 2010,
with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps
(FIRM and FBFM) and any revisions thereto, and
2 . The boundaries of the West Harvard Gulch Flood Hazard Area as shown on Sheets 13
and 14 in a report entitled "Flood Hazard Area Delineation, Harvard Gulch, West
Harvard Gulch, and Dry Gulch" dated December 1979, prepared by Gingery Associates,
Inc., and approved by the Colorado Water Conservation Board on January 30, 1980 .
The above Official Flood Studies are hereby adopted by reference and declared to be a
part of this Title.
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B. Basis for Establishing #te Areas of Special Flood Hazard Areas. The City hereby
establishes floodplains and floodways whose boundaries are those of the designated 100-year
floodplain, special flood hazard areas and the designated floodways as are shown or
tabulated in the Official Flood Studies Insurance Study for the City of Englewood.
C. Compliance. No structure or land located in tb.e Floodf)lain District a special flood hazard
area shall hereafter be constructed, located, extended, converted, altered or have its use
changed without full compliance with the terms of this Chapter and all other applicable
regulations . These regulations meet the minimum requirements set forth by the Colorado
Water Conservation Board and the National Flood Insurance Program.
1. Floodplain Development Permit. A Floodplain Development Permit shall be required
prior to commencement of any construction or other development to ensure conformance
with the provisions of this Chapter.
2 . Certificate of Compliance .
a . No vacant land shall be occupied or used and no building shall be hereafter erected ,
altered, or moved on the floodpl ains of any watercourse, nor shall such buildings be
occupied, until a certificate of compliance has been issued by the Floodplain
Administrator.
b . The applicant shall submit a certification by a registered Colorado professional
engineer to the Floodplain Administrator that the finished fill and building floor
elevations, floodproofing measures, or other protection factors were accomplished in
compliance with the provisions ofthis Chapter. This certification shall also state
whether or not the structure contains a basement. Within ten (10) days after receipt of
such certification from the applicant, the Floodplain Administrator shall issue a
certificate of compliance only if the building or premises and the proposed use
thereof, conform with all of the requirements of this Chapter.
D . Abrogation and Greater R es trictions . The regulations ofthis Chapter shall be construed as
being supplementary to the regulations imposed on the same lands by the underlying zone
classification. This Chapter is not intended to repeal, abrogate, or impair any exi sting
easement, covenants, or deed restrictions. However, where this Chapter and other ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall apply.
E . Interpre tation . In their interpretation and application, the provisions of this Chapter shall be
held to be minimum requirements, shall be liberally construed in favor of the City, and shall
be deemed neither to limit nor repeal any other powers granted under State Statutes.
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F. Warning and Disclaimer of Liability. The degree of flood protection intended to be provided
by this Chapter is considered reasonable for regulatory purposes and is based on engineering
and scientific considerations. Larger floods may occur on occasions, or the flood height may
be increased by man-made or natural causes, such as ice jams and bridge openings restricted
by debris. This Chapter does not imply that the areas outside the areas of special flood
hazards areas or land uses permitted within such areas will always be free from flooding or
flood damages. This Chapter shall not create liability on the part of the City or any officer or
employee thereof for any flood damages that result from reliance on this Chapter or any
administrative decision lawfully made thereunder.
G. Severability. See Section 16-1-10 EMC, .!!(Severability4.!!.
16-4-3: Permitted Uses.
The following open uses shall be permitted within the Floodplain District a special flood hazard
area to the extent that they are not prohibited in a particular area by any underlying zone district
classification:
A. Agricultural uses, such as general farming and the raising of plants, flowers, and nursery
stock.
B . Public and private recreational uses such as parks, swimming areas, golf courses, driving
ranges, picnic grounds, fishing, and hiking and biking trails not requiring permanent or
temporary structures designed for human habitation.
C. Utility facilities such as: flowage areas, transmission lines, pipelines, water monitoring
devices, roadways and bridges.
D. All uses allowed by the underlying zone district classification within the Floodplain District
a special flood hazard area shall be permitted as long as the use complies with conditions set
forth in Subsection 16-4-7(B) EMC, .!!(Floodplain Development Permit Criteria4.!!.
16-4-4: Similar Uses.
Uses very similar in nature to permitted uses may be allowed by the Floodplain Administrator,
provided that they are consistent with the provisions of this Chapter.
16-4-5: Nonconforming Uses.
Existing nonconforming uses in the Floodplain District a special flood hazard area may be
modified, altered, or repaired to incorporate floodproofing measures; but such nonconforming
uses shall not be expanded.
16-4-6: Administration.
A. Floodplain Administrator. The City Manager or designee shall be the Floodplain
Administrator and shall enforce the provisions of this Chapter and other appropriate sections
of 44 CPR (National Flood Insurance Program Regulations) pertaining to floodplain
management. The Department of Public Works shall provide the Floodplain Administrator
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with a technical review of all applications to build within the floodplain or a drainage way
prior to the issuance of a Floodplain Development Permit.
B. Floodplain Administrator Duties and Responsibilities. The Floodplain Administrator's duties
and responsibilities shall include, but not be limited to, the following:
1. Maintain and hold open for public inspection all records pertaining to the provisions of
this Chapter. For all new or substantially improved structures the Floodplain
Administrator shall maintain the following information:
a. The actual elevation (in relation to mean sea level) of the lowest floor (including
basement).
b. The actual elevation (in relation to mean sea level) to which the structure has been
floodproofed.
c. The floodproofing certifications required in SHeS~ection 16-4-11 ~ EMC
.!!(Minimum Floodproofing Criteria.!!),.
2. Review all applications within ten (10) working days for Floodplain Development
Permits required by this Chapter. Such review shall :
fu Determine whether such construction or development is located within the
PloodplaiB Distriet a special flood hazard area .
b . Assure that all necessary permits have been obtained from those Federal, State or
local governmental agencies (including Section 404 of the Federal Water Pollution
Control Act Amendments of 1972, 33 U.S .C. 1334) from which prior approval is
required.
£, Determine whether a proposed building site. including the placement of
manufactured homes. will be reasonably safe from flooding.
aj. Consider the following:
1) The danger that materials may be swept onto other lands to the injury of others.
2) The danger to life and property due to flooding or erosion damage.
3) The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner.
4) The importance of the services provided by the proposed facility to the
community.
5) The availability of alternative locations for the proposed use that is not subject to
flooding or erosion damage.
6) The compatibility of the proposed use with existing and anticipated
development.
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7) The relationship of the proposed use to the Comprehensive Plan.
8) The safety of access to the property in times of flood for ordinary and emergency
vehicles.
9) The expected heights, velocity, duration, rate of rise, and sediment transport of
the floodwaters and the effects of wave action, if applicable, expected at the site.
10) The costs of providing governmental services during and after flood such as
sewer, gas, electrical, and water systems, and streets and bridges.
11) Flood barriers, including fences, which will unnaturally divert flood waters or
which may increase flood hazards to other lands.
3. Review all Building Permit applications for construction or development in Floodplain
Distriot a special flood hazard area within ten (10) working days. Approval of a building
permit shall be deemed to neither limit nor repeal any other powers granted under State
Statutes. Applications for building permits shall be reviewed on a case-by-case basis
to:
a. Determine if the proposed development is located in the floodplain Distriots g
special flood hazard area.
b. Assure the building site will be reasonably safe from flooding.
c. Assure all necessary permits have been obtained from the Federal, State, or local
governmental agencies from which prior approval is required.
d. Assure all new construction and substantial repairs, improvements, or alterations
shall be made in accordance with the minimum floodproofing criteria specified in
Section 16-4-11 EMC (Minimum Floodproofing Criteria), or elevation criteria in
Subsection 16-4-7(B)(2) EMC.
e. Inspect all development at appropriate times during the period of construction to
ensure compliance with all provisions of this Chapter, including proper elevation of
the structure.
4. Interpret, where needed, the exact location of the boundaries of the areas of special flood
hazards areas (for example, where there appears to be a conflict between a mapped
boundary and actual field conditions). Any person contesting the location of the
boundary shall be given a reasonable opportunity to present a case to the Floodplain
Administrator and to submit supporting technical evidence. The decision of the
Floodplain Administrator may be appealed as provided in Section 16-4-14 EMC,
.!!.(Floodplain Appeals and Variances}.!!.
5. When base flood elevation data has not been provided in accordance with Section 16-4-8
EMC, .!!.(Floodplain Distriot Regulations},!! the Floodplain Administrator shall obtain,
review and reasonably utilize any base flood elevation data and floodway data available
from a Federal, State or other source, in order to administer this Chapter.
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6. Notify, in riverine situations, adjacent communities and the State Coordinating Agency
which is Colorado Water Conservation Board, prior to any alteration or relocation of a
watercourse, and submit evidence of such notification to the Federal Emergency
Management Agency.
7. When a regulatory floodway has not been designated, the Floodplain Administrator shall
require that no new construction, substantial improvements, or other development
(including fill) shall be permitted within Zones Al-30 and AE on the City's FIRM, unless
it is demonstrated 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 eHe one-half foot (+ 1/2') at any point
within the City .
8. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Program regulations, the Floodplain Administrator may approve certain
development in Zones Al-30, AE, AH, on the FIRM which increases the water surface
elevation of the base flood by more than eHe one-half foot (+1 /2'), provided that the City
first applies for a conditional FIRM revision through FEMA (Conditional Letter of Map
Revision),. fulfill the requirements of such revisions as established under the provisions
of Section 65 .12 and receives FEMA approval.
2-Shall keep a copy of the Flood Insurance Study (FIS), DFIRMS, FIRMS on file and
available for public inspection.
16-4-7: Floodplain Development Permit .
A. Floodplain Developm ent P ermit Process.
1. Application. A Floodplain Development Permit shall be obtained before a building
permit may be issued or construction or development begins on lands within tee
Floodplain District a special flood hazard area as identified in Subsection 16-4-2(A)
EMC abe-¥e (Applicability). Application for a Floodplain Development Permit shall be
made on forms provided by the City and may include, but is not limited to: Plans in
duplicate drawn to scale showing the nature, location, dimensions,. and elevations of tee
area in question; proposed landscape alterations: existing ef and proposed structures~ fill,
storage of materials, and drainage facilities; and the location of the foregoing in relation
to special flood hazard areas . Specifically, the following information is required:
a. Elevation (in relation to mean sea level) of the lowest floor (including basement) of
all new and substantially improved structures;
b. Elevation (in relation to mean sea level) to which any nonresidential structure shall
be floodproofed;
c. A certificate from a registered Colorado professional engineer or architect that the
nonresidential floodproofed structure shall meet the floodproofing criteria of Section
16-4-11 EMC, !!£Minimum Floodproofing Criteria)?; and
d. Description of the extent to which any watercourse or natural drainage will be
altered or relocated as a result of proposed development.
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2, Decision of Floodplain Administrator i§ to be Based on Certain Factors, The
determination of the Floodplain Administrator on each Floodplain Development Permit
shall be based on applicable provisions of this Chapter and the following relevant
factors:
a, The danger to life and property due to flooding or erosion damage;
b , The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
c. The danger that materials may be swept onto other lands to the injury of others;
d. The compatibility of the proposed use with existing and anticipated development;
e. The safety of access to the property in times of flood for ordinary and emergency
vehicles;
f. 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;
g. The expected heights, velocity, duration, rate of rise and sediment transport of the
flood waters and the effects of wave action, if applicable, expected at the site;
h, The availability of alternative locations, not subject to flooding or erosion damage,
for the proposed use; and
1. The relationship of the proposed use to Roadmap Englewood: 2003 Englewood
Comprehensive Plan, as amended .
3. Floodplain Administrator Decisions on Permits for Public Facilities or Utility
Development in a Floodway. Subject to Section 16 -4-10 EMC, :..:(Development in
Floodways},!2 the Floodplain Administrator shall act on an application for public
facilities or utility development in a floodway within thirty (30) days from receiving the
application.
4. Conditions Attached to Development Permits, Upon consideration of the factors listed
above and the purposes of this Chapter, the Floodplain Administrator shall attach such
conditions, in addition to those required by the Floodplain Development Permit, as are
necessary to further the purposes of this Chapter. Such conditions may include
specifications for, without limitation because of, specific enumeration, modification of
waste disposal methods and facilities, landscaping, period of operation, operational
controls, sureties, deed restriction, and adequate floodproofing,
B. Floodplain Development Permit Criteria.
1. Structures Accessory to Open Uses. Structures accessory to open uses permitted in
Section 16 -4 -3 EMC, :..:(Permitted Uses:l,!2 whether temporary or permanent, may be
permitted only upon a determination by the Floodplain Administrator that:
a. Structures will not be designed for human habitation,
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b. Structures will have low flood damage potential.
c. The structure or structures, if permitted, will be constructed and placed on the building
site so as to offer the minimum obstruction to the flow of floodwaters.
1) Whenever possible, structures will be constructed with the longitudinal axis parallel
to the direction of flow of floodwaters.
2) So far as is practicable, structures will be placed so that their longitudinal axis are
approximately on the same line as those of adjoining structures.
3) Structures will be firmly anchored to prevent the structure or building from floating
away and thus threatening to further restrict bridge openings and other restricted
sections of the stream or river.
4) All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage .
5) All new construction and substantial improvements shall be constructed using
methods and practices that minimize flood damage.
6) 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.
2. Other Structures, Temporary or Permanent, to be Occupied by People. Other structures,
whether temporary or permanent, which are to be occupied by people, may be permitted
only upon a finding by the Floodplain Administrator that:
a. Such structures shall comply with Section 16-4-7 EMC, ::.(Floodplain Development
PermiQ Process;': and Section 16-4-11 EMC, ::.(Minimum Floodproofing Criteria}..:.:
b. The lowest floor, including the basement, of any structure to be erected, constructed,
reconstructed, or moved on or within the PloodplaiR District a special flood hazard
area, shall be constructed at or above a point one foot ( 1 ') above the 100-year flood
elevation for the particular area and the fill shall extend at such elevation at least
fifteen feet (15 ') beyond the limits of any structure or building erected thereon.
c. All new construction and substantial improvements shall be anchored to prevent
flotation, collapse, or lateral movement of the structure and to withstand
hydrodynamic loads .
3. Fills or Deposition of Materials . Fills or deposition of materials may be permitted only
upon a finding by the Floodplain Administrator that:
a. Any fill or deposition of materials will comply with applicable sections of Chapter
16-6 EMC, ::.(Development StandardsJ . .:.:
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b. The fill or deposition of materials will have some beneficial purpose and the amount
thereof will not be greater than is necessary to achieve that purpose, as demonstrated
by a plan submitted by the owner showing the final dimensions of the proposed fill
or other material and the use to which the filled land will be put.
c. The fill or deposition of materials does not encroach on that portion of the
floodplain, which would have significant and perceptible flow during the flood, and
which for that reason would help convey the floodwaters.
d. The fill or other materials will be protected against erosion by riprap, strong
vegetative cover, or bulkheading.
4. Storage or Processing of Materials. The storage or processing of materials that are
buoyant, flammable, explosive, or in time of flooding, could be injurious to human,
animal or plant life, shall be above the flood protection elevation for the particular area
or floodproofed in compliance with Section 16-4-11 EMC, .!.!.(Minimum Floodproofing
Criteria}.!.!. Solid waste disposal facilities, such as salvage yards or areas for the dumping
of refuse or the storage of non-operable vehicles, shall not be permitted.
16-4-8: Floodplain Regulations.
The following regulations shall apply to all uses within the Floodplain District a special flood
hazard area, notwithstanding that such uses may be specifically permitted under the terms of this
Chapter.
A. Flood Protection Elevation or Height. The flood protection elevation or height shall
correspond to a point one foot (1 ') above the elevation or "flood profile" shown on or
attached to the FIRM.
B. Flood-Carrying Capacity. No floodplain uses shall adversely affect the efficiency of, or
unduly restrict the capacity of any channel, any tributary to any main stream, drainage ditch,
or any other drainage facility or systems; nor shall any watercourse be altered or restricted
unless the flood-carrying capacity of the watercourse shall be maintained.
C. General Standards. In all areas of special flood hazards areas the following provisions are
required for all new construction and substantial improvements:
1. All new construction or substantial improvements shall be designed ( or modified) and
adequately anchored to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
2. All new construction or substantial improvements shall be constructed by methods and
practices that minimize flood damage;
3 . All new construction or substantial improvements shall be constructed with materials
resistant to flood damage;
4. All new construction or 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;
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5. All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
6. New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the system and discharge from the systems into
flood waters; and,
7. On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
8. All manufactured homes shall be installed using methods and practices which minimize
flood damage. For the purposes of this requirement, manufactured homes must be
elevated and anchored to resist flotation, collapse, or lateral movement. Methods of
anchoring may include, but are not limited to. use of over-the-top or frame ties to ground
anchors. This requirement is in addition to applicable State and local anchoring
requirements for resisting wind forces .
D. Specific Standards. In all e-f special flood hazards areas where base flood elevation data has
been provided as set forth in Subsections 16-4-2(B) EMC <Basis for Establishing Special
Flood Hazard Areas), 16-4-6(B)(5) EMC, or 16-4-B(D) EMC (Subdivision Plats) eHhl5
Chapter, the following provisions are required:
1. Residential Construction . New construction and substantial improvement of any
residential structure shall have the lowest floor (including basement), electrical. heating •
ventilation, plumbing, and air conditioning equipment and other service facilities
(including ductwork), elevated to er one foot (1 ') above the base flood elevation. A
registered Colorado professional engineer, architect, or land surveyor shall certify and
submit a certification the elevation of the lowest floor, including basement, to the
Floodplain Administrator~ that the standard of this subsection as proposed in Section 16
4 13 BMC, "Subdivision Plats" is satisfied.
2. Nonresidential Construction. With the exception of Critical Facilities. outlined in
Subsection 16-4 -8(H) EMC (Standards for Critical Facilities), NI);ew construction and
substantial improvements of any commercial, industrial or other nonresidential structure
shall either have the lowest floor (including basement) electrical, heating, ventilation,
plumbing, and air conditioning equipment and other service facilities (including
ductwork), elevated to er one foot (1 ') above the base flood l@¥el elevation or together
with attendant utility and sanitary facilities, be designed so that eelew at one foot (1 ')
above the base flood ltwel-elevation, 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 and effects of buoyancy.
A registered Colorado professional engineer or architect shall develop and/or review
structural design, specifications , and plans for the construction, and shall certify that the
design and methods of construction are in accordance with accepted standards of practice
as outlined in this Subsection. A record of such certification which includes the specific
elevation (in relation to mean sea level) to which such structures are floodproofed shall
be maintained by the Floodplain Administrator .
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3. Enclosures. New construction and substantial improvements, with fully enclosed areas
below the lowest floor that are usable solely for parking of vehicles, building access or
storage in an area other than a basement and which are subject to flooding shall be
designed to automatically equalize hydrostatic flood forces on exterior walls by allowing
for the entry and exit of floodwaters. Designs for meeting this requirement must either be
certified by a registered Colorado professional engineer or architect or meet or exceed
the following minimum criteria:
a. A minimum of two (2) openings having a total net area of not less than one (1)
square inch for every square foot of enclosed area subject to flooding shall be
provided.
b. The bottom of all openings shall be no higher than one foot (1 ') above grade.
c . Openings may be equipped with screens, louvers, valves, or other coverings or
devices provided that they permit the automatic entry and exit of floodwaters.
4. Manufactured Homes.
a . Zones Al-30, AH and AE: All manufactured homes, those substantially improved, or
those having that are placed or substantially improved on sites (i) outside of a
manufactured home park or subdivision: (ii) in a new manufactured home park of
subdivision: or (iii) in an expansion to an existing manufactured home park or
subdivision: or (iv) in an existing manufactured home park or subdivision on which
manufactured home has incurred "substantial damage" as a result of a flood, on sites
in a ne1,v maIHlfactured home park or subdivision, in an eJ(pansion to oo eRisting
maIH:lfaotureEl home park or subdivision, or in an e1dsting manufaotureEl home park or
subdivision shall be elevated on a permanent foundation such that the lowest floor of
the manufactured home, electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities (including ductwork), are is at or
elevated one foot (l ') above the base flood elevation and is are securely anchored to
an adequately anchored foundation system to resist flotation, collapse, and lateral
movement.
This Subsection shall apply in an expansion to an existing manufactured home park
or in an existing manufactured home park where the repair, reconstruction, or
improvement of the streets, utilities and pads equals or exceeds fifty percent (50%)
of the value of the streets, utilities and pads before the repair, reconstruction or
improvement has commenced.
b. Zones Al-30, AH, and AE: Manufactured homes, in an existing manufactured home
park, not subject to the provisions of 4.a above shall be elevated so that either:
1) The lowest floor of the manufactured home and electrical, heating, ventilation,
plumbing, air conditioning equipment and other service facilities (including
ductwork) is are at-er one foot (l ') above the base flood elevation, or
2) The manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than thirty-six
inches (36") in height above grade and be securely anchored to an adequately
anchored foundation system to resist flotation, collapse, and lateral movement.
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&.-Zoao A: Manufactured homes shall be installed using methods and practices which
minimize flood damage. For the purpose of this requirement, manufactured homes
shall be elevated and anchored to resist flotation, collapse, and lateral movement.
Methods of anchoring may include, but are not limited to, use of over-the-top or
frame ties to ground anchors. This requirement is in addition to applicable State and
local anchoring requirements for resisting wind forces . Any additions to the
manufactured home shall be similarly anchored.
5. Recreational Vehicles . Recreational vehicles placed on sites within Zones Al-30, AH, and
AE shall either:
a. Be on the site for fewer than one hundred eighty (180) consecutive days ,
b. Be fully licensed and ready for highway use, or
c. Meet the permit requirements of Subsection 16-4-7(B) EMC (Floodplain
Development Permit) aee¥&-and the elevation and anchoring requirements for
"manufactured homes" in paragraph ( 4) of this Subsection. A recreational vehicle is
ready for highway use if it is on its wheels or jacking system, is attached to the site
only by quick disconnect type utilities and security devices, and has no permanently
attached additions.
E . Standards for Areas of Shallow Flooding (AO/AH Zones). Located within tho areas of special
flood hazard areas established in Subsection 16-4-2(A) EMC (Applicability) are areas
designated as shallow flooding. These areas have special flood hazards associated with base
flood depths of one to three feet (1 '-3') where a clearly defined channel does not exist and
where the path of 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. Residential structures: All new construction and substantial improvements shall have the
lowest floor (including basement), electrical. heating. ventilation, plumbing. and air
conditioning equipment and other service facilities (including ductwork). elevated above
the highest adjacent grade at least as high as one foot (l ') above the depth number
specified in feet on the FIRM ( at least twe three feet (1,l') if no depth number is
specified).
Upon the completion of the structure. the elevation of the lowest floor, including
basement, shall be certified by a registered Colorado professional engineer. architect, or
land surveyor. Such certification shall be submitted to the Floodplain Administrator.
2. Non-residential structures: With the exception of Critical Facilities. outlined in
Subsection 16-4-8(H) EMC (Standards for Critical Facilities).-A~ll new construction and
substantial improvements shall:
a. Have the lowest floor (including basement), electrical. heating. ventilation,
plumbing. and air conditioning equipment and other service facilities (including
ductwork), elevated above the highest adjacent grade at least as high as one foot (l ')
above the depth number specified in feet on the FIRM (at least twe three feet (1,l') if
no depth number is specified), or;
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b. Together with attendant utility and sanitary facilities~ be designed so that l:lelov,r the
l:lase flood level the structure is watertight to at least one foot (l ') above the base
flood level 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.
Upon completion of the structure. the elevation of the lowest floor. including
basement. shall be certified by a registered Colorado professional engineer or
architect. Such certification shall be submitted to the Floodplain Administrator.
~-A registered professional engineer or arehiteet shall submit a eertifieation to the
Floodplain Administrator that the standards of this Subseetion are satisfied.
4J. Within Zones AH or AO, adequate drainage paths around structures on slopes shall be
required to guide flood waters around and away from proposed structures.
F. Alteration o[a Watercourse. For all proposed developments that alter a watercourse within a
special flood hazard area, the following standards apply:
1. Channelization and flow diversion projects shall appropriately consider issues of
sediment transport, erosion, deposition, and channel migration and properly mitigate
potential problems through the project as well as upstream and downstream of any
improvement activity. A detailed analysis of sediment transport and overall channel
stability should be considered, when appropriate, to assist in determining the most
appropriate design.
2. Channelization and flow diversion projects shall evaluate the residual 100-year
floodplain.
3. Any channelization or other stream alteration activity proposed by a project proponent
must be evaluated for its impact on the regulatory floodplain and be in compliance with
all applicable Federal, State and local floodplain rules, regulations and ordinances.
4. Any stream alteration activity shall be designed and sealed by a registered Colorado
professional engineer or Certified Professional Hydrologist.
5. All activities within the regulatory floodplain shall meet all applicable Federal, State and
Citv of Englewood floodplain requirements and regulations.
6. Within the Regulatory Floodway, stream alteration activities shall not be constructed
unless the project proponent demonstrates through a Floodway analysis and report,
sealed by registered Colorado professional engineer, that there is not more that a 0.00-
foot rise in the proposed conditions compared to existing Floodway conditions resulting
from the project. otherwise known as a No-Rise Certification, unless the community first
applies for a CLOMR and Floodway revision in accordance with Subsection 16-4-8(D)
EMC (Specific Standards).
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7. Maintenance shall be required for any altered or relocated portions of watercourses so
that the flood-carrying capacity is not diminished.
{l_ Properties Removed from the Floodplain by Fill. A Floodplain Development Permit shall
not be issued for the construction of a new structure or addition to an existing structure on a
property removed from the floodplain by the issuance of a FEMA Letter of Map Revision
Based on Fill (LOMR F), unless such new structure or addition complies with the following:
1-Residential Construction: The lowest floor (including basement). electrical, heating,
ventilation, plumbing. and air conditioning equipment and other service facilities
(including ductwork), must be elevated to one foot (1 ') above the base flood elevation
that existed prior to the placement of fill.
2. Nonresidential Construction: The lowest floor (including basement), electrical, heating.
ventilation, plumbing. and air conditioning equipment and other service facilities
(including ductwork), must be elevated to one foot (1 ') above the Base Flood Elevation
that existed prior to the placement of fill. or together with attendant utility and sanitary
facility be designed so that the structure or addition is watertight to at least one foot (l ')
above the base flood level that existed prior to the placement of fill 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.
H. Standards for Critical Facilities. A Critical Facility is a structure or related infrastructure,
but not the land on which it is situated, as specified in Rule 6 of the Rules and Regulations
for Regulatory Floodplains in Colorado. that if flooded may result in significant hazards to
public health and safety or interrupt essential services and operations for the community at
any time before, during and after a flood.
1. Classification of Critical Facilities. It is the responsibility of the City to identify and
confirm that specific structures in the community meet the following criteria.
Critical Facilities are classified under the following categories: (a) Essential Services:
(b) Hazardous Materials: (c) At-risk Populations: and (d) Vital to Restoring Normal
Services.
,1k Essential services facilities include public safety, emergency response, emergency
medical, designated emergency shelters, communications, public utility plant
facilities, and transportation lifelines. These facilities consist of:
ill Public safety (police stations, fire and rescue stations, emergency vehicle and
equipment storage, and emergency operation centers):
ill Emergency medical (hospitals, ambulance service centers, urgent care centers
having emergency treatment functions. and non-ambulatory surgical structures
but excluding clinics, doctors' offices, and non-urgent care medical structures
that do not provide these functions):
ill Designated emergency shelters:
ill Communications (main hubs for telephone, broadcasting equipment for cable
systems, satellite dish systems, cellular systems, television, radio, and other
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emergency warning systems, but excluding towers, poles, lines, cables, and
conduit):
ill Public utility plant facilities for generation and distribution (hubs, treatment
plants, substations and pumping stations for water, power and gas, but not
including towers, poles, power lines, buried pipelines, transmission lines,
distribution lines, and service lines): and
Lfil Air Transportation lifelines faimorts, municipal and larger), helicopter pads and
structures serving emergency functions, and associated infrastructure (aviation
control towers, air traffic control centers, and emergency equipment aircraft
hangars).
ill Exemptions.
W Specific exemptions to this category include wastewater treatment plants
(WWTP), non-potable water treatment and distribution systems, and
hydroelectric power generating plants and related appurtenances.
!hl Public utility plant facilities may be exempted if it can be demonstrated to
the satisfaction of the City that the facility is an element of a redundant
system for which service will not be interrupted during a flood. At a
minimum, it shall be demonstrated that redundant facilities are available
(either owned by the same utility or available through an intergovernmental
agreement or other contract) and connected, the alternative facilities are
either located outside of the 100-year floodplain or are compliant with the
provisions of this Section, and an operations plan is in effect that states how
redundant systems will provide service to the affected area in the event of a
flood. Evidence of ongoing redundancy shall be provided to the City on an
as-needed basis upon request.
b. Hazardous materials facilities include facilities that produce or store highly volatile,
flammable, explosive, toxic and/or water-reactive materials.
ill These facilities may include:
W Chemical and pharmaceutical plants (chemical plant, pharmaceutical
manufacturing):
!hl Laboratories containing highly volatile, flammable, explosive, toxic and/or
water-reactive materials:
~ Refineries:
@ Hazardous waste storage and disposal sites: and
~ Above ground gasoline or propane storage or sales centers.
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Facilities shall be determined to be Critical Facilities if they produce or store
materials in excess of threshold limits. If the owner of a facility is required
by the Occupational Safety and health Administration (OSHA) to keep a
Material Safety Data Sheet (MSDS) on file for any chemicals stored or used •
in the work place, AND the chemical(s) is stored in quantities equal to or
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greater than the Threshold Planning Quantity ff PQ) for that chemical. then
that facility shall be considered to be a Critical Facility. The TPQ for these
chemicals is: either five hundred (500) pounds or the TPQ listed (whichever
is lower) for the three hundred fifty-six (356) chemicals listed under 40
C.F.R. §302 (2010) also known as Extremely Hazardous Substances (EHS):
or ten thousand 00,000) pounds for any other chemical. This threshold is
consistent with the requirements for reportable chemicals established by the
Colorado Department of Health and Environment. OSHA requirements for
MSDS can be found in 29 C.F .R. §1910 (2010). The Environmental
Protection Agency (EPA) regulation "Designation. Reportable Quantities,
and Notification." 40 C.F.R. §302 (2010) and OSHA regulation
"Occupational Safety and health Standards .) 29 C.F.R. §1910 (2010) are
incorporated herein by reference and include the regulations in existence at
the time of the promulgation of this ordinance. but exclude later amendments
to or editions of the regulations.
a} Specific exemptions to this category include:
W Finished consumer products within retail centers and households containing
hazardous materials intended for household use and agricultural products
intended for agricultural use.
!hl Buildings and other structures containing hazardous materials for which it
can be demonstrated to the satisfaction of the local authority having
jurisdiction, by hazard assessment and certification by a qualified
professional fas determined by the local jurisdiction having land use
authority). that a release of the subject hazardous material does not pose a
major threat to the public.
(cl Pharmaceutical sales. use, storage. and distribution centers that do not
manufacture pharmaceutical products.
These exemptions shall not apply to buildings or other structures that also
function as Critical Facilities under another category outlined in this Section.
~ At-risk population facilities include medical care, congregate care, and schools.
ill These facilities consist of:
W Elder care (nursing homes):
!hl Congregate care serving twelve 02) or more individuals (day care and
assisted living):
(cl Public and private schools (preschools, K-12 schools). before-school and
after-school care serving twelve 02) or more children):
d. Facilities vital to restoring normal services including government operations.
ill These facilities consist of:
W Essential government operations (public records. courts, jails, building
permitting and inspection services, community administration and
management, maintenance and equipment centers):
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!,hl Essential structures for public colleges and universities (dormitories, offices,
and classrooms only).
These facilities may be exempted if it is demonstrated to the City that the
facility is an element of a redundant system for which service will not be
interrupted during a flood . At a minimum, it shall be demonstrated that
redundant facilities are available (either owned by the same entity or
available through an intergovernmental agreement or other contract), the
alternative facilities are either located outside of the 100-year floodplain or
are compliant with this ordinance, and an operations plan is in effect that
states how redundant facilities will provide service to the affected area in the
event of a flood. Evidence of ongoing redundancy shall be provided to the
City on an as-needed basis upon request.
,Cl) Protection for Critical Facilities. All new and substantially improved Critical
Facilities and new additions to Critical Facilities located within the special flood
hazard area shall be regulated to a higher standard than structures not determined
to be Critical Facilities . For the purposes of this ordinance, protection shall
include one of the following:
W Location outside the special flood hazard area: or
!,hl Elevation of the lowest floor or floodproofing of the structure, together with
attendant utility and sanitary facilities, to at least two feet (2') above the
Base Flood Elevation .
ill Ingress and Egress for New Critical Facilities. New Critical Facilities shall,
when practicable as determined by the City, have continuous non-inundated
access (ingress and eITTess for evacuation and emergency services) during a 100-
year flood event.
16-4-9: Uedesigeated Fleedways. <Reserved}
Until a regulatory floodway is designated, it must be demonstrated that the cumulatiYe effect of
the proposed deYelopment, 1.vhen combined 1Nith all other e1Eisti:ng and anticipated de1,,elopment,
will not increase the water surface elevation of the base flood more than one foot (1 ') at any point
1,yithin the City, before any nevl construction, substantial improYements or other dei,,elopment,
including fill, is permitted v+'ithin Zones Al 30 and l'. AE as shown on the FIRM.
16-4-10: Development in Floodways.
Floodways are administrative limits and tools used to regulate existing and future floodplain
development. The State of Colorado has adopted Floodway standards that are more stringent
than the FEMA minimum standard (see definition of Floodway in Section 16 -4-16 EMC
(Floodplain Definitions). Located within areas of special flood hazard areas established in
Subsection 16-4-2.,.A(A) EMC (Applicability) are areas designated as floodways . Since the
flood way is an extremely hazardous area due to the velocity of floodwaters that carry debris,
potential projectiles, and erosion potential, the following provisions shall apply~ to public
facilities or utilities only:
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A. Prohibit encroachments, including fill, new construction, substantial improvements, and
other development unless it has been demonstrated through hydrologic and hydraulic
analyses performed by a registered Colorado professional engineer in accordance with
standard engineering practice that the proposed encroachments shall not result in any
increase in flood levels (a No-Rise Certification is required) during the occurrence of the
base flood discharge.
B. If Subsection A, above, is satisfied, all new construction and substantial improvements shall
comply with all applicable flood hazard reduction provisions of this Section.
1. The Floodplain Administrator shall act on an application in the manner above described
within thirty (30) days from receiving the application.
c.,_ 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 CLOMR and floodway revision through FEMA.
16-4-11: Minimum Floodproofing Criteria.
A. All new construction and substantial improvements of non-residential structures within
zones A-AE on the FIRM that do not have the lowest floor , including basement, elevated to
or above the base flood level shall be floodproofed. All floodproofed structures, together
with attendant utility and sanitary facilities, shall be so designed 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 and effects of buoyancy. The Floodplain Administrator shall require that
the applicant submit a plan or document certified by a registered Colorado professional
engineer that the floodproofing measures are consistent with the flood protection elevation
for the particular area.
B. Floodproofing measures include the following:
1. Anchorage to resist flotation and lateral movement.
2. Installation of watertight doors , bulkheads and shutters.
3. Reinforcement of walls to resist water pressures.
4 . Use of waterproof paints, membranes, or mortars to reduce seepage of water through
walls.
5. Addition of mass or weight to structures to resist flotation.
6 . Installation of pumps to lower water levels in structures.
7. New and replacement water supply systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system .
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8. New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharge from the systems into
the floodwaters.
9. Pumping facilities for subsurface drainage systems for buildings to relieve external
foundation wall and basement floor pressures.
10. Construction to resist rupture or collapse caused by water pressure or floating debris.
11. Cutoff valves on sewer lines or the elimination of gravity flow basement drains.
12. On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
ll Other floodproofing measures certified by a registered Colorado professional engineer to
be consistent with the flood protection elevation for the particular area.
C. Where a non-residential structure is intended to be made watertight below the base flood
level.
1. A registered Colorado professional engineer shall develop and/or review structural
design, specifications, and plans for the construction, and shall certify that the design and
methods of construction are in accordance with accepted standards of practice for
meeting the applicable provisions of Section 16-4-7 EMC, "Floodplain Development
Permit."
16-4-12: Floodplain DistFiet Special Flood Hazard Area Amendments.
The boundaries of the Floodplain District Special Flood Hazard Areas shall be subject to
periodic review and shall be amended in the manner provided by law, to conform to any revised,
corrected or additional hydrological data available from Federal, State or regional agencies or
from a consulting engineer retained by the City.
16-4-13: Subdivision Plats.
A. All subdivision proposals including the placement of manufactured home parks and
subdivisions shall be designed to minimize flood damage .
B. All subdivision proposals including the placement of manufactured home parks and
subdivisions shall have public utilities and facilities such as sewer, gas, electrical, and water
systems located and constructed to minimize flood damage.
C. All subdivision proposals including the placement of manufactured home parks and
subdivisions shall have adequate drainage provided to reduce exposure to flood damage
hazards.
D. Base flood elevation data shall be provided for subdivision proposals and other proposed
developments including the placement of manufactured home parks and subdivisions that
contain at least fifty ( 50) lots or five ( 5) acres, whichever is less.,., if not otherwise provided
pursuant to Subsections 16-4-2(B) EMC (Basis for Establishing Special Flood Hazard Areas)
and 16-4-5(B) EMC (Floodplain Administrator Duties and Responsibilities).
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E . All proposals for the development of subdivisions including the placement of manufactured
home parks and subdivisions shall meet requirements of Section 16-4-7 EMC (Floodplain
Development Permit).
16-4-14: Floodplain Appeals and Variances.
A . Gen eral. The Planning and Zoning Commission shall hear and decide appeals and requests
for variances from the requirements of this Chapter.
1. Appeals and floodplain variance requests shall be processed pursuant to the general
zoning appeals and variances requirements of 16-2-18 EMC,..!!fAppeals~ land 16-2-16
EMC, ~!Variances~l, respectively.
2. Those aggrieved by the final decision of the Commission may appeal such decision by
appropriate legal action to a court of record having jurisdiction. Such appeal shall be
filed no more than thirty (30) days from the date of the Commission's final decision.
B. Appeals. The Commission shall hear and decide appeals 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.
C. Variances .
1. Any applicant to whom a variance is granted to build the lowest floor elevation below
the base flood elevation shall be gi v en written notice that the cost of flood insurance will
be commensurate with the increased risk resulting from the reduced lowest floor
elevation.
~ Variances may be issued for the reconstruction, rehabilitation or restoration of structures
listed on the National Register of Historic Places or the State Inventory of Historic
Places, without regard to the procedures set forth in the reffiainder ofthis Section.
;l Variances may be issued for new construction and substantial improvements to be
erected on a lot of one-half(½) acre or less in size contiguous to and surrounded by lots
with existing structures constructed below the base flood level, providing the relevant
items 1-1-011 in Subsection 16-4-6(B)(2)(e~ EMC ofthis Chapter have been fully
considered. As the lot size increases beyond the one-half(½) acre, the technical
justification required for issuing the variance increases.
4l. Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
~-Variances may be issued for the repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not 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 .
e~. In passing upon a Floodplain Variance application, the Commission shall consider all
technical evaluations , all relevant factors, and standards specified in other sections of
this Title.
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+~. Criteria for Considering a Floodplain Variance. The Commission shall grant a
Floodplain Variance only upon a showing of good and sufficient cause and
determination that:
a. The variance is the minimum necessary, considering the flood hazard, to afford
relief;
b. Failure to grant the Floodplain Variance would result in exceptional hardship to the
applicant; and
c. The granting of a Floodplain 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 existing local laws.
Upoa eoasideratioa of the above aad the iatern of this Chapter, the Commissioa may
attaeh sueh eoaditioas to the grarniag of varianees as it deems aeeessary to further
the purpose aad objeetives of this Chapter.
7 . Upon consideration of the above and the intent of this Chapter, the Commission may
attach such conditions to the granting of variances as it deems necessary to further
the purpose and objectives of this Chapter.
16-4-15: Enforcement.
No structure or land shall hereafter be constructed, located, extended, converted, or altered
without being in full compliance with the terms of this Chapter and other applicable regulations.
Enforcement of the provisions of this Chapter shall be pursuant to Seetioa Chapter 16-10 EMC,
.!..!.(Enforcement and Penalties.!..!.),.
16-4-16: Floodplain Definitions.
The following definitions pertain specifically to Chapter 16-4 EMC, .!..!.(Floodplain Regulations.!..!.),
and are intended to be used only in the regulation of special flood hazard areas as identified in
this Chapter. For the purposes of floodplain regulation, these definitions supersede the same
terms as defined in 16-11-2 EMC, .!..!.(Definition of Word, Term, and Phrases.!.!.), of this Title.
100-Year Flood: A flood having a recurrence interval that has a one-percent ( 1 %) chance of
being equaled or exceeded during any given year {I-percent-annual-chance flood). The terms
"one-hundred-year flood" and "one percent chance flood" are synonymous with the term "100-
hundred flood." The term does not imply that the flood will necessarily happen once every one-
hundred years.
JOO-Year Floodplain: The area of land susceptible to being inundated as a result of the
occurrence of a one-hundred-year flood.
500-Year Flood: A flood having a recurrence interval that has a 0.2-percent chance of being
equaled or exceeded during any given year (Q.2-percent-chance-annual-flood). The term does not
imply that the flood will necessarily happen once every five-hundred years.
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500-Year Floodplain: The area of land susceptible to being inundated as a result of the
occurrence of a five-hundred-year flood.
Addition: Any activity that expands the enclosed footprint or increases the square footage of an
existing structure.
Area of Shallow Flooding: A designated AO, AH, or VO zone on the City's Flood Insurance Rate
Map (FIRM) with a one percent (1 % ) chance or greater annual chance of flooding to an average
depth of one to three feet (1 '-3') where a clearly defined channel does not exist, where the path of
flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
Area 0.fSpeeial FJeed Hflf:a1<d: The land is the floodplaia vlithi-B the City of Eagle1,Yood subj eot
to a oae 13eroern ( 1 %) or greater ehaaoe of floodiag is aay giYeB year.
Base Flood: A flood having a one percent (1 %) chance of being equaled or exceeded in any
given year.
Base Flood Elevation (BFE): The elevation shown on a FEMA Flood Insurance Rate Map for
Zones AE. AH. Al-A30. AR. AR/A. AR/AE. AR/Al-A30. AR/AH. AR/AO. Vl-V30. and VE
that indicates the water surface elevation resulting from a flood that has a one percent (1 %)
chance of equaling or exceeding that level in any given year .
Basement: Any area of a building having its floor sub-grade (below ground level) on all sides.
Channel: The physical confine of stream or waterway consisting of a bed and stream banks.
existing in a variety of geometries.
Conditional Letter OfMap Revision (CLOMR): FEMA's comment on a proposed project, which
does not revise an effective floodplain map. that would. upon construction. affect the hydrologic
or hydraulic characteristics of a flooding source and thus result in the modification of the
existing regulatory floodplain.
Critical Facility: A structure or related infrastructure. but not the land on which it is situated. as
specified in Subsection l 6-4-8(H) EMC (Standards for Critical Facilities) that if flooded may
result in significant hazards to public health and safety or interrupt essential services and
operations for the community at any time before. during and after a flood.
Development: Any man-made change in improved and 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 .
Digital Flood Insurance Rate Map (pFJRM}: FEMA digital floodplain map. These digital maps
serve as "regulatory floodplain maps" for insurance and floodplain management pumoses .
Elevated Building: For insurance purposes, a nonbasement building which has its lowest elevated
floor raised above ground level by (i) foundation walls, shear walls, posts, piers, pilings, 0f
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columns, 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, and D, "elevated building"
also includes a building elevated by means of fill or solid foundation perimeter walls and
openings sufficient to facilitate the unimpeded movement of flood waters.
Existing Construction: For the purposes of determining flood insurance rates, structures for
which the "start of construction" commenced before the effective date of the FIRM or before
January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be
referred to as "existing structures."
Existing Manufactured Home Park 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 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 regulations adopted by the Citv.
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).
FEMA: Federal Emergency Management Agency, the agency responsible for administering the
National Flood Insurance Program.
Flood (or Flooding): A general and temporary condition of partial or complete inundation of
normally dry land areas from:
(A) The overflow of inland or tidal waters, and/or
(B) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood Damage Potential: The susceptibility of a specific land use at a particular location to
damage by flooding, and the potential of the specific land use to increase off-site flooding or
flood related damages.
Ffoed, Fri,~ge ,4ree: That portion of the flood ha2:ard area outside of the flood~1,zay based on the
total area inundated during the regulatory base flood plus twenty five percent (25%) of the
regulatory base flood discharge.
FleedHa:z:erdAroe: The floodplain consisting of the floodv,ray and the flood fringe area.
Flood Insurance Rate Map (FIRM): The official map on which the Federal Insurance
Administration has delineated both the areas of special flood hazards areas and the risk premium
zones applicable to the City of Englewood.
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Flood Insurance Study {FIS): The official report provided by the Federal Insurance
Administration that includes flood profiles, the flood boundary-floodway map, and the water
surface elevation of the base flood .
Flood Profile: A graph or longitudinal profile showing the relationship of the water surface
elevation of a flood event to location along a stream or river.
Flood Protection Elevation : An elevation one foot (1 ') above the elevation of "flood profile" of
the 100 -year flood under existing channel and floodplain conditions. It is one foot (1 ') above the
elevation of the flood for the Floodplain District a special flood hazard area as shown on the
Official Zoning Map City's official Flood Insurance Rate Maps maintained in the office of the
Community Development Department.
Floodplain or Flood-Prone A rea: The relatively flat or lo,.vland area adjoining a ri:r,cer, stream,
i,vatercourse, lake, or other body of standing water Vlhich has been or may be co:r,'ered temporarily
by flood,,,;ater . For adffiinistrative purposes, the floodplain may be defined as the area that ,.vould
be inundated by the "standard praject flood" (U.S . An'R-y Corps of Engineers) or tee "maJEiffiUm
probable flood". Any land area susceptible to being inundated as the result of a flood, including
the area of land over which floodwater would flow from the spillway of a reservoir.
Floodplain d ev e lopm ent pe rmit: A permit required before construction or development begins
within any special flood hazard area (SFHA). If FEMA has not defined the SFHA within a
community, the community shall require permits for all proposed construction or other
development in the community including the placement of manufactured homes, so that it may
determine whether such construction or other dev elopment is proposed within flood-prone areas .
Permits are required to ensure that proposed development projects meet the requirements of the
NFIP and this floodplain management ordinance.
Fteedpl-ain Distriet: That portion of the floodplain subject to inundation by the 100 year flood .
Its i,vidth is deteFHHned by the 100 year flood . Its length or reach is determined by natural bounds
such as a lab, or by political or legal bounds . This equals the intermediate regional flood as
defined by the U.S. Army Corps of Engineers .
Floodplain Managemen t: 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 regulations.
Flood;JJron e Area: Any land area susceptible to being inundated by water from any source (see
definition of flooding).
Floodproofing: Any combination of structural and nonstructural additions , changes , or
adjustments to structures, primarily for the reduction or elimination of flood damage to lands,
water, and sanitary facilities, structures , and their contents.
Floodway: The channel of a river or other watercourse and adjacent land areas that must be
reserved in order to discharge the base flood without cumulativ ely increasing the water surface
elevation more than one foot ( 1 ') a designated height. The Colorado statewide standard for the
designated height to be used for all newly studied reaches shall be one-half foot (1/2 '). Letters
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of Map Revision to existing floodway delineations my continue to use the flood way criteria in
place at the time of the existing flood way delineation.
Freeboard: The vertical distance in feet above a predicted water surface elevation intended to
provide a margin of safety to compensate for unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood such as debris blockage of
bridge openings and the increased runoff due to urbanization of the watershed.
Highest Adjacent Grade: 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;
(C) Individually listed on a State inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior; or
(D) Individually listed on a local inventory or historic places in communities with historic
preservation programs that have been certified either:
1. By an approved state program as determined by the Secretary of the Interior; or
2. Directly by the Secretary of the Interior in states without approved programs.
Letter ofMap Revision (LOMR): FEMA's official revision of an effective Flood Insurance Rate
Map (FIRM). or Flood Boundary and Floodway Map (FBFM). or both. LOMRs are generally
based on the implementation of physical measures that affect the hydro logic or hydraulic
characteristics of a flooding source and thus result in the modification of the existing regulatory
floodway. the effective Base Flood Elevation (BFEs). or the Special Flood Hazard Area (SFHA).
Letter ofMap Revision Based on Fill (LOMR-F): FEMA's modification of the Special Flood
Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of
fill outside the existing regulatory floodway.
Lowest Floor: The lowest floor of the lowest enclosed area (including basement). Any floor
used for living pumoses which includes working. storage. sleeping. cooking and eating. or
recreation or any combination thereof. This includes any floor that could be converted to such a
use such as a basement or crawl space. The lowest floor is a determinate for the flood insurance
premium for a building. home or business. 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 enclosure is not built so as to
render the structure in violation of the applicable non-elevation design requirements of Section
60.3 of the National Flood Insurance Program regulations.
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Manufactured Home: A structure transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when
connected to the required utilities. The term "manufactured home" does not include a
"recreational vehicle".
Manufactured Home Park or Subdivision: A parcel (or contiguous parcels) of land divided into
two (2) or more manufactured home lots for rent or sale.
},fan1,1.faet1,1:red He1He Pa1·k er Suedi1,·isien, Existir1g: A manufactured home park or subdiYisioR
for v,rhich the coRstractioR of facilities for serviciRg the lots OR which the manufactured homes
are to be affixed (iRoludiRg, at a mrnimum, the installatioa of utilities, the coRstractioB of streets,
aad either fiaal site gradiRg or the pouriRg of coRcrete pads) is completed before the effectiYe
date of the floodplaia regulatioRs adopted by the City.
},fam,ifaet!,/;red Henw Pa14r er Suedivisie12, }l-ev,i: A manufactured home park or subdivisioR for
1;.rhieh the coRstractioa of facilities for serviciRg the lots OR 1,vhich the manufactured homes are to
be affo(ed (i-B:eludiRg at a minimum, the iastallatioa of utilities, the coastructioa of streets, aRd
either fiRal site gradiRg or the pouriRg of coRcrete pads) is completed oa or after the effective
date of floodplain managemera regulatioRs adopted by a community.
Mean Sea Level: For purposes of the National Flood Insurance Program, the National Geodetic
Vertical Datum (NGVD) of 1988 or other datum, to which base flood elevations shown on the
City's Flood Insurance Rate Map are referenced .
National Flood Insurance Program (NFIP): A Federal program that authorizes the sale of
federally subsidized flood insurance in participating communities.
Natural Drainage: The pattern of surface and stormwater drainage from a particular site before
the construction or installation of improvements or prior to any regrading.
New Construction: For the purpose of determining insurance rates, structures for which the "start
of construction" commenced on or after the effective date of an initial FIRM or after December
31, 1974, whichever is later, and includes any subsequent improvements to such structures. For
floodplain management purposes, "new construction" means structures for which the "start of
construction" commenced on or after the effective date of a floodplain regulation adopted by the
City and includes any subsequent improvements to such structures.
New Manufactured Home Park 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 minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads) is completed on or after the effective
date of floodplain management regulations adopted by a community.
No-Rise Certification: A record of the results of an engineering analysis conducted to determine
whether a project will increase flood heights in a floodway. A No-Rise Certification must be
supported by technical data and signed by a registered Colorado professional engineer. The
supporting technical data should be based on the standard step -backwater computer model used
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to develop the 100-year floodway shown on the Flood Insurance Rate Map (FIRM) or Flood
Boundary and Floodway Map (FBFM).
Recreational Vehicle: A vehicle which is:
(A) Built on a single chassis;
(B) Four hundred (400) square feet or less when measured at the largest horizontal
projections;
(C) Designed to be self-propelled or permanently towable by a light duty truck; and
(D) Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
Special Flood Hazard Area: The land in the floodplain within the City of Englewood subject to
a one percent ( l %) or greater chance of flooding in any given year, i.e. the 100-year floodplain.
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Start of Construction: Includes substantial improvement, and means the date the building permit
was issued, provided the actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, or other improvement was within one hundred eighty (180) days of the
permit date. The actual start means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not include land preparation,
such as clearing, grading and filling; nor does it include the installation of streets and/or •
walkways; nor does it include excavation for a basement, footings, piers, or foundations or the
erection of temporary forms; 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. For a substantial improvement, the actual start of construction means the first alteration
of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
Structure: A walled and roofed building, including a gas or liquid storage tank that is principally
above ground, as well as a manufactured home .
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 fifty percent (50%) of the
market value of the structure before the damage occurred.
Substantial Improvement: Any reconstruction, rehabilitation, addition, or other improvement of a
structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the
structure before "start of construction" of the improvement. This includes structures which have
incurred "substantial damage", regardless of the actual repair work performed. The term does
not, however, include either:
(A) Any project for improvement of a structure to correct existing violations of State or local
health, sanitary, or safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary conditions, or
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(B) Any alteration of a "historic structure", provided that the alteration will not preclude the
structure's continued designation as a "historic structure."
Violation: The failure of a structure or other development to be fully compliant with the City's
floodplain regulations. A structure or other development without the elevation certificate, other
certifications, or other evidence of compliance required in NFIP Standards Sections 60 .3(b )( 5),
(c)(4), (c)(l0), (d)(3), (e)(2), (e)(4), or (e)(5), as amended, is presumed to be in violation until
such time as that documentation is provided.
Water Surface Elevation: The height, in relation to the National American Vertical Datum
(NAVD) of 1988, (or other datum, where specified) of floods of various magnitudes and
frequencies in the floodplain.
Watercourse: A channel, natural depression, slough, artificial channel, gulch, arroyo, stream,
creek, pond, reservoir, or lake in which storm runoff and floodwater flows either regularly or
infrequently. This includes major drainageways for carrying urban storm runoff.
Section 7. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 16 Chapter 5, Section 2, Subsection A(3)(b)(l); B(l); and C(l) &(2), of the Englewood
Municipal Code 2000, entitled Use-Specific Standards, to read as follows:
16-5-2: Use-Specific Standards .
A. Residential Uses.
3 . Manufactured Home Park.
b. Standards for Development of Manufactured Home Parks.
(1) Manufactured Home Park Site Location.
(a) The manufactured home park shall be located on a well-drained site,
shall not be within the lines of a 100-year floodplain ~ or flood
hazard area, and the site shall be made free from marshes, swamps or
other potential breeding places for insects or rodents. The site should not
be exposed to undue chronic nuisances such as noise, smoke, fumes, or
odors.
(b) The topography on the manufactured home park site should be favorable
to minimum grading, manufactured home placement, and ease of
maintenance. The longitudinal grade for the individual space shall not
exceed five percent (5%) and an adequate crown or cross-gradient for
surface drainage shall be provided.
B. Public/Institutional Uses.
1. Utility Facility. Within the flood plain overlay district a special flood hazard area, all
utility facilities allowed by the underlying zone district classification shall be permitted
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provided the facility complies with the conditions set forth in Chapter 16-4 EMC~
(Floodplain Regulations).
C. Commercial Uses .
1. Adult Use. An adult use shall be permitted so long as it complies with the following
requirements:
a. Distance Limitation.
(1) No adult entertainment or service facility shall be located on any site unless
such site is a minimum of one thousand feet (1,000') from the location of
another such adult entertainment or service facility, whether inside or
outside of the City of Englewood city limits; and
(2) No adult use shall be located on a site unless such site is located a minimum
of five hundred feet (500') from the boundary line of:
(a) Any residential district defined in this Title, including, but not limited
to, all "R" districts and the TSA district;
(b) A manufactured home park or similar residential zone district in an
area adjoining the City of Englewood; or
(c) Any religious institution, public park, public library, community
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center, or educational institution, whether within or without the City of •
Englewood.
b. Measurement of Distance. All distances in this Section shall be measured by
following a straight line from the nearest point of the property line of the proposed
adult use, to the nearest point of the boundary of the residential districts noted above
or nearest point of the property line of:
(1) Any existing adult use;
(2) Manufactured home park;
(3) Religious institution;
(4) Public park;
(5) Public library;
(6) Community center; or
(7) Educational institution.
Measurements based on one inch (1 ") to one hundred feet (100') Arapahoe County
· Assessor maps shall be deemed acceptable for this purpose.
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2 . Agricultural Use. Within the Flood Plain Distriot a special flood hazard area, all uses
allowed by the underlying zone district classification shall be permitted provided the use
complies with the conditions set forth in Chapter 16-4 EMC (Floodplain Regulations).
EDITORS NOTE: The remaining sections of 16-5-2 contain no changes and therefore
are not included here.
Section 8. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 16 Chapter 6, Section 8, Subsection A, of the Englewood Municipal Code 2000 , entitled
Storm Water Drainage and Erosion/Siltation Control, to read as follows :
16-6-8: Storm Water Drainage and Erosion/Siltation Control.
A. Applicability.
1. General Applicability to All Development. All subdivision plats , Planned Unit
Developments, or any other proposed construction submitted for approval shall include
adequate drainage system design. Plans , engineering analysis and calculations, diagrams,
drainage reports and other data shall be submitted, as required by the City Manager or
designee with each development proposal or application for permit.
2. Applicability to Development in the Flood Plain a Special Flood Hazard Area. Proposed
development or improvements in the a special flood hazard oone area shall meet the
requirements of Chapter 16-4 EMC, "Flood Plam OYerlay Distriot." (Floodplain
Regulations). The flood hazard study shall be in the form of a final drainage report and
shall include all such computations necessary to show that the requirements of Chapter
16-4 EMC, (Floodplain Regulations) are met.
EDITORS NOTE: The remaining sections of 16-6-8 contain no changes and therefore
are not included here.
Section 9 . The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 16 Chapter 8, Section 4, of the Englewood Municipal Code 2000, entitled Subdivision
Design and Improvements, to read as follows:
16-8-4: Subdivision Design and Improvements.
I. Subdivision Plats in the FJoed Pklin Ze,w Di&trict a Special Flood Hazard Area:
1. All subdivision proposals shall be designed to minimize flood damage and comply with
the flood control standards, as applicable, in Chapter 16-4 EMC. (Floodplain
Regulations).
2. All subdivision proposals shall have public utilities and facilities such as sewer, gas ,
electrical, and water systems located and constructed to minimize flood damage .
3. All subdivision proposals shall have adequate drainage provided to reduce exposure to
flood damage .
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4. Base flood elevation data shall be provided for subdivision proposals and other proposed
developments that contain at least fifty (50) lots or five (5) acres, whichever is less .
EDITORS NOTE: The remaining sections of 16-8-4 contain no changes and therefore
are not included here.
Section 10. The City Council of the City of Englewood, Colorado hereby authorizes
amending title 16, Chapter 9, Section 2, Subsection A, of the Englewood Municipal Code 2000,
entitled Nonconforming Uses, to read as follows:
16-9-2: Nonconforming Uses.
A. Nonconforming Use of Building or Structure.
1. The nonconforming use of a building or structure may be continued, except as otherwise
provided herein.
2. A nonconforming use in a Floodplain Plain District may be modified, altered, or repaired
to incorporate floodproofing measures, but shall not be extended or expanded.
3. The nonconforming use shall not be changed to a different nonconforming use.
4. The nonconforming use, if changed to a conforming use, may not thereafter be changed
to any nonconforming use.
5. The nonconforming use shall not be extended or expanded. An "extension or expansion"
shall include any increase in the floor area of the building or structure in which the
nonconforming use is conducted or any expansion or relocation of the nonconforming
use, in whole or in part, to a different part of the building or structure .
6. The permitted accessory uses to a nonconforming use shall be those existing on the
effective date of this Title, and the initiation of additional accessory uses shall not be
permitted after that date, except as follows:
a. A nonconforming residential use in any zone district shall be permitted to initiate a
single home occupation, subject to all applicable standards stated in Section 16-5-
4.C.1 EMC, "Home Occupations".
b. A nonconforming residential use shall be permitted to construct a residential garage
or carport that otherwise complies with this Title .
7. A nonconforming multi-unit dwelling containing two (2) units shall be permitted to add a
separate water and sewer line for each unit, and such addition shall not be deemed to
constitute a change to a different nonconforming use or an extension or expansion of the
existing nonconforming use.
8. If the nonconforming use is discontinued for a period of one hundred eighty ( 180) days
or more, regardless of any intent to resume operations, any future use of the buildings or
structure must be a conforming use.
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9. If a conforming building or structure containing a nonconforming use is destroyed or
damaged to the extent of more than sixty percent (60%) of its value, as determined
pursuant to the method of valuation of buildings for the issuance of a building permit,
any future use of the rebuilt or restored building or structure shall be a conforming use.
However, a legal nonconforming one-unit dwelling, on the effective date of this Title,
located in a business or industrial zone district, may be rebuilt or reconstructed and used
as a one-unit dwelling if a building permit for the dwelling unit is applied for within one
(1) year after the destruction or damage occurred. Further, a legal nonconforming
dwelling containing two (2) units, on the effective date of this Title, located in an R-1-A,
R-1-B, or R-1-C residential zone district may be rebuilt or reconstructed and used as a
two-unit dwelling if a building permit for a multi-unit dwelling containing two (2) units
is applied for within one (1) year after the destruction or damage occurred.
EDITORS NOTE: The remaining sections of 16-9-2 contain no changes and therefore
remain the same.
Section 11. The City Council of the City of Englewood, Colorado hereby authorizes
amending Title 16, Chapter 9, Section 3, Subsection B, of the Englewood Municipal Code 2000,
entitled Nonconforming Structures, to read as follows:
16-9-3: Nonconforming Structures.
B. Nonconforming Building or Structure.
1. A nonconforming building or structure may continue to be used, except as otherwise
provided herein .
2. A nonconforming building or structure may be repaired, structurally altered, or expanded
only if the alteration, repair, or expansion complies with this Title. If the nonconforming
building or structure or any portion thereof, is declared unsafe by the Chief Building
Official, the building may be strengthened or restored to a safe condition.
3. Notwithstanding the provisions of subsection A.2, above, a nonconforming building or
structure in a Floodplain Plam District may be modified, altered, or repaired to
incorporate floodproofing measures, but shall not be extended or expanded.
4. No nonconforming building or structure that is destroyed or damaged to the extent of
more than sixty percent ( 60%) of its value, as determined pursuant to the method of
determining the valuation of buildings for building permit issuance, shall be repaired or
rebuilt except in compliance with the requirements of this Title.
5. If a nonconforming building or structure becomes conforming, it shall not be changed
back to a nonconforming building or structure.
6. No person shall move a nonconforming building or structure to another parcel unless the
building or structure and its location on the new parcel comply with the use regulations
of the zone district applicable to the new parcel.
EDITORS NOTE: The remaining sections of 16-9-3 contain no changes and therefore
are not included here .
41
Section 12. The City Council of the City of Englewood, Colorado hereby authorizes
amending Title 16, Chapter 11, Section 2, Subsection B, of the Englewood Municipal Code
2000, entitled Definition of Words, Terms, and Phrases by deleting the following, to read as
follows:
16-11-2: Definition of Words, Terms, and Phrases.
B. Definition of Words, Terms, and Phrases.
E-ql,{;al Degree ofE,qaoachment: The degree of eneroaehment esta-blished by eonsidering
the effeet of eneroaehments on the hydraulie effieiene:Y of the flood plain along a
signifieant reaeh of the stream on both sides.
Open Space: Any pareel or area of land or water essentially unimproi,,ed with any
residential, eommereial, or industrial uses and set aside, dedieated, or reserved for publie
or prii,,ate use and enjoyment ineluding reereational, seenie, or enviromnental purposes.
Open spaee may inelude agrieultural uses and natural features loeated on a site, including
but not limited to steep slopes, flood plains, hazard areas, unique vegetation and eritical
plant eommunities, stream1river eorridors, wetlands and riparian areas, \Vildlifo ha-bitat
and migration eorridors, areas eontaining threatened or endangered speeies and
areheologieal, historieal, and eultural resourees. Parking lots and storage areas for
vehieles and material shall not be eonsidered as open spaee.
Prog,,aHt Dcficie1wy: i\ defeat in a eormnunity's flood plain management regulatioE:s or
admiE:istrative procedures that impairs effeetive implemeE:tation of those Flood plain
Management Regulations of the 1'WIP Standards in Seetions 60.3, 60.4, 60.5 and 60.6.
Reach: A hydraulie engineering term to deseribe longitudinal segments of a stream or
river. A reaoh will generally inelude the segment of the flood plain where flood heights
are primarily eontrolled by man made or natural flood plain obstruetions or restrietions.
rn an urbafl: area, the segment of a stream or river betweefl: ti.vo (2) eonseeutive bridge
orossings Vlould most likely be a reaeh.
Remedy a Viol-atio1q: To bring the strueture or other de•,<elopment into oompliance •,i.rith
State or loeal flood plain management regulations, or, if this is not possible, to reduee the
impaets of its noneomplianee . \l/ays that impaets may be redueed inelude protesting the
strueture or other affeeted de•,<elopment from flood damages, implementing the
enforeement provisions of this Title or otherwise deterring future sim:ilar violations, or
redueing Federal finaneial e~cposure with regard to the strueture or other dei,,elopment.
Storage Ctipacity ofa Fl-ood Ptai1q: The '<'Olume of spaee al-love an area of flood plain
land that ean be oeoupied by floodv.'ater of a gii,,en stage at a given time, regardless of
whether the 1,vater is moving.
EDITORS NOTE: The remaining definitions contain no changes and therefore are not
included here.
Section 13. Safety Clauses. The City Council hereby finds, determines, and declares that
this Ordinance is promulgated under the general police power of the City of Englewood, that it is
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promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary •
for the preservation of health and safety and for the protection of public convenience and
42
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welfare. The City Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 14. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder
of this Ordinance or it application to other persons or circumstances.
Section 15. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
Section 16. Effect of repeal or modification. The repeal or modification of any provision of
the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify,
or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which
shall have been incurred under such provision, and each provision shall be treated and held as
still remaining in force for the purposes of sustaining any and all proper actions, suits,
proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well
as for the purpose of sustaining any judgment, decree, or order which can or may be rendered,
entered, or made in such actions, suits, proceedings, or prosecutions.
Section 17. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and
every violation of this Ordinance.
Introduced, read in full, and passed on first reading on the 4th day of March, 2013 .
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 8th day of
March, 2013.
Published as a Bill for an Ordinance on the City's official website beginning on the 6th day of
March, 2013 for thirty (30) days.
A Public Hearing was held on the 18 th day of March, 2013.
Read by title and passed on final reading on the 1st day of April, 2013.
Published by title in the City's official newspaper as Ordinance No . .2_, Series of 2013, on
the 5th day of April, 2013.
Published by title on the City's official website beginning on the 3rd day of
April, 2013 for thirty (30) days .
43
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is ;v:rue copy of the Ordinance passed on final reading and published by
title as Ordinance No. l>_, Series of 2013.
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
March 4, 2013 11 a ii Amendments to Title 16: Floodplain
Initiated By: Staff Source:
Community Development Department Brook Bell, Planner II
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
There has been no previous Council action concerning this matter.
PREVIOUS PLANNING COMMISSION ACTION
The Planning and Zoning Commission conducted a public hearing on January 8, 2013 , to consider the
proposed amendments to Title 16: Unified Development Code . No members of the public were present to
provide testimony. Following discussion the Commission voted 8 to O to forward to City Council proposed
•
amendments to Chapter 4 : Floodplain Regulations as presented in the attached Bill for an Ordinance with
one edit to Section 16-6-14{A). That edit clarified the name of the Commission and is included in the Bill
for an Ordinance before Council at First Reading .
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RECOMMENDED ACTION
Recommendation from the Community Development Department to adopt a Bill for an Ordinance
authorizing amendments to Title 16: Unified Development Code regarding floodplain regulations on First
Reading and to set March 18, 2013 as the date for Public Hearing to consider testimony on the proposed
amendments.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
More than four years ago the Colorado Water Conservation Board (CWCB), in partnership with the Federal
Emergency Management Agenc y (FEMA), began a project to update and digitize all Floodplain Insurance
Rate Maps {FIRM) for Arapahoe County. At the completion of the project the City amended Title 16 by
adopting the updated Englewood FIRMs and corresponding regulations under Ordinance No. 44, Series of
2010.
In 2011, the State of Colorado adopted higher standards for floodplain management to provide uniform
standards for regulatory floodplains in Colorado and activities in those floodplains. In September 2012 the
City received the CWCB's model ordinance which was used to draft the proposed amendments. Staff
compared the existing regulations to the model, updating where necessary by inserting new standards, and
removing inconsistencies to meet State standards.
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The CWCB requires that any community that participates in the National Flood Insurance Program (NFIP) •
must adopt the new standards. The City's favorable NFIP rating regarding flood mitigation policies and
regulations allows citizens with property within the floodplain to receive approximately a ten percent (10%)
reduction in flood insurance premiums. The proposed amendments are necessary in order for the City to
remain in the program and provide the discounted premium option for residents. The CWCB requires the
amendments to be adopted and effective by January 14, 2014.
ANALYSIS:
The State 's 2011 Rules and Regulations for Regulatory Floodplains in Colorado are the effective minimum
standards for the State, and by extension , the NFIP in Colorado, and thus for the City of Englewood as a
participant in the NFIP. The Public Works Department reviewed the proposed amendments and requested
that "and walls" be inserted into 16-4-1 (D) Methods of Reducing Flood Losses, to read:
5. Prevent or regulate the construction of flood barriers, including fences and walls, which will
unnaturally divert flood waters or which may increase flood hazards to other lands.
That request is incorporated into the proposed amendments. The CWCB also reviewed and approved the
proposed amendments for compliance with State rules and NFIP requirements . The proposed amendments
bring Chapter 4: Floodplain Regulations up to date and compliant with State and National Flood Insurance
Program standards.
FINANCIAL IMPACT
No financial impacts are anticipated from the adoption of the proposed amendments.
LIST OF ATTACHMENTS
Planning and Zoning Commission Staff Report -January 8, 2013
Planning and Zoning Commission Minutes -January 8, 2013
Planning and Zoning Commission Findings of Fact -Case No. 2012-08
Bill for an Ordinance
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TO:
THRU:
FROM:
T y 0 F
COMMUNITY
i,
ENGLEWOOD
DEVELOPMENT
Plann i ng and Zoning Commission
Alan White, Community Development Director/
Tricia Langon, Senior Plpnn;,V
Brook Bell, Planner II ✓
DATE: January 8, 2013
SUBJECT: Case# 2012-08 : Floodplain Amendments
RECOMMENDATION:
Community Development Department requests that the Planning and Zoning Commission
review, take public testimony, and forward to City Council a recommendation for adoption
as written of proposed amendments to Chapter 4 : Floodplain Regulations of Title 16:
Unified Development Code of the Englewood Municipal Code.
BACKGROUND:
More than four years ago the Colorado Water Conservation Board (CWCB), in partnership
with the Federal Emergency Management Agency (FEMA), began a project to update and
digitize all Floodplain Insurance Rate Maps (FIRM) for Arapahoe County. At the
completion of the project the City amended Title 16 by adopting the updated Englewood
FIRMs and corresponding regulations under Ordinance No. 44, Series of 2010.
In 2011, the State of Colorado adopted higher standards for floodplain management to
provide uniform standards for regulatory floodplains in Colorado and activities in those
floodplains. In September 2012 the City received the CWCB's model ordinance which was
used to draft the proposed amendments. Staff compared the existing regulations to the
model, updating where necessary by inserting new standards, and removing inconsistencies
to meet State standards .
The CWCB requires that any community that participates in the National Flood Insurance
Program (NFIP) must adopt the new standards . The City's favo rable NFIP rating regarding
flood mitigation policies and regulations allows cit izens with property within the floodplain
to receive approximately a ten percent (10%) reduction in flood insurance premiums . The
proposed amendments are necessary in order for the City to remain in the program and
1000 Englewood Parkway Englewood, Colorado 80110 PHONE 303-762-2342 FAX 303-783-6895
www.englewoodgov .org
2 ·
provide the discounted premium option for residents. The CWCB requires the •
amendments to be adopted and effective by January 14, 2014.
ANALYSIS:
The State's 2011 Rules and Regulations for Regulatory Floodplains in Colorado are the
effective minimum standards for the State, and by extension, the NFIP in Colorado, and
thus for the City of Englewood as a participant in the NFIP. The Public Works Department
reviewed the proposed amendments and requested that "and walls" be inserted into 16-4-
1 (D) Methods of Reducing Flood Losses, to read:
5. Prevent or regulate the construction of flood barriers, including fences and walls. which will
unnaturally divert flood waters or which may increase flood hazards to other lands.
That request is incorporated into the proposed amendments. The CWCB also reviewed
and approved the proposed amendments for compliance with State rules and NFIP
requirements.
The proposed amendments bring Chapter 4: Floodplain Regulations up to date and
compliant with State and National Flood Insurance Program standards.
PROPOSED AMENDMENTS:
The proposed amendments do not affect boundaries of the City's identified Special Flood
Hazard Areas. The proposed amendments contain numerous non-substantive changes
such as text edits to clarify or add detail, updated terminology, and removal of terms and •
phrases from the definition section that are no longer used in the regulations.
The proposed amendments focus on the following crucial topics:
1. Freeboard Increase:
FEMA's Floodplain Insurance Rate Maps provide predicted base flood elevations for
properties in the floodplain. Freeboard is a specified increase above that mandated
elevation for the purpose of locating a building's lowest floor . Freeboard helps
protect buildings from floods larger than those that FIRMs are based on, and
provides an added margin of safety to compensate for unknown factors that could
contribute to flood heights greater than predicted. Freeboard can lead to substantial
reductions in flood insurance premiums, and decreases the chance a building will be
damaged by flooding.
The proposed amendments (1) increase the freeboard height to one foot (1 ') above
the base flood elevation and (2) require that height be certified by a Colorado
professional engineer.
2. Critical Facilities:
New regulations are proposed for structures within Special Flood Hazard Areas that
if flooded could result in significant hazards to public health and safety or
interruption of essential services and operations for the community. The CWCB •
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3
requires that critical facilities located in the 100-year floodplain be regulated to a
higher standard, specifically, requiring a freeboard of two feet instead of the
standard one-foot freeboard. This amendment will apply to all new, substantially
changed, and additions to critical facilities within the 100-year floodplain.
Critical facilities are classified under the following categories:
• Essential Services: (police and fire stations, hospitals, communications, air
transportation)
• Hazardous Materials: (facilities that produce or store highly volatile, flammable,
explosive, toxic and/or water-reactive materials)
• At-risk Populations: (nursing homes, day care, assisted living, public and private
schools)
• Vital to Restoring Normal Services: (public records, courts, jails, building
permitting and inspection services, community administration and management,
maintenance and equipment centers).
Pursuant to Rule 6 of the Rules and Regulations for Regulatory Floodplains in
Colorado, the City is responsible for the identification of critical facilities.
Community Development Department staff reviewed seven buildings located in the
100-year floodplain with the Fire Marshal. None of the seven buildings are used for
essential services, at-risk populations, or are vital to restoring normal services.
Further, none store hazardous materials in quantities that would classify the use as a
critical facility.
3. Floodway Surcharge Criteria:
A floodway is a river channel and adjacent land area needed to be reserved in order
to discharge a base flood without cumulatively increasing the water surface level
more than a designated height. Current UDC regulations already prohibit
development in a floodway that would cause any increase in the base flood
elevation. The proposed amendments:
• Require a No-Rise Certification,
• Require the No-Rise Certification be prepared by a Colorado professional
engineer, and
• Provides a FEMA procedure that allows the City to permit new construction and
substantial improvements in a floodway resulting in an increase in the base flood
elevations.
ATTACHMENTS:
Proposed Amendments to Title 16, Chapter 4: Floodplain Regulations
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Planning and Zoning Comm ission
Publ ic Hearing
Case #2012-08, Floodplain Regulations Amendments
January 8, 2013
Page I o f 4
CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
REGULAR MEETING
January 8, 2013
Minutes and audio are available at:
http ://www .englewoodgov .org/Index .aspx ?page= 152
I. CALL TO ORDER
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The regular meeting of the City Planning and Zoning Commission was called to order at
7:02 p .m . in the City Council Chambers of the Englewood Civic Center, Chair Brick
presiding.
Present:
Absent:
Staff:
Bleile, Roth, King, Welker, Knoth, Fish, Brick, Townley
Freemire (alternate)
Kinton
Alan White, Community Development Director
Tricia Langon , Senior Planner
Brook Bell, Planner fl
Nancy Reid, Ass i stant City Attorney
II. APPROVAL OF MINUTES
December 4, 2012
Fish moved :
Knoth seconded : TO APPROVE THE DECEMBER 4, 2012 MINUTES
Chair Brick asked if there were any modifications or corrections.
There were none.
AYES:
NAYS:
Bleile, Roth , Welker, Knoth, Fish, King, Brick, Townley
None
ABSTAIN : None
ABSENT: Kinton
Motion carried.
Ill. PUBLIC HEARING
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Case #2012-08
Unified Development Code Amendments: Floodplain Regulations
Planning and Zoning Commission
Public Hearing
Case #2012-08, Floodplain Regulations Amendments
January 8. 2013
Page 2 of 4
Roth moved:
Knoth seconded: TO OPEN THE PUBLIC HEARING FOR CASE #2012-08
AYES:
NAYS:
ABSTAIN:
ABSENT:
Bleile, Roth, Welker, Knoth, Fish, King, Brick, Townley
None
None
Kinton
Motion carried.
Mr. Bell, Planner II, was sworn in and presented the case. He presented a brief history of
changes to the Floodplain Regulations. In 2011, the State of Colorado adopted higher
standards for floodplain management to provide uniform standards for regulatory
floodplains in Colorado and activities in those floodplains. In September 2012 the City
received the Colorado Water Conservation Board's (CWCB) model ordinance which was
used to draft the proposed amendments . The CWCB requires that any community that
participates in the National Flood Insurance Program (NFIP) must adopt the new standards
by January 14, 2014 in order for the City to remain in the program and provide the
discounted insurance premium option for residents. Currently there are 26 properties
within the City who are insured through the program. The proposed amendments bring
•
Chapter 4: Floodplain Regulations up to date and compliant with State and National Flood •
Insurance Program standards.
The proposed amendments contain numerous, non-substantive changes such as text edits
to clarify or add detail, updated terminology, and removal of term and phrases from the
definition section that are no longer used in the regulations . The proposed amendments
focus on the following three crucial topics:
1. Freeboard Increase
2. Critical Facilities
3. Floodway Surcharge Criteria
The Commission asked for clarification regarding freeboard space, how many residential
areas are included in the floodplain, if the City is involved in the Platte River and if the
Englewood Wastewater Treatment Plant is in a floodplain. Mr. Bell responded to their
questions.
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Fish moved :
Roth seconded: TO CLOSE THE PUBLIC HEARING FOR CASE #2012-08
AYES:
NAYS:
ABSTAIN:
ABSENT :
Bleile, Roth, Welker, Knoth, Fish, King, Brick, Townley
None
None
Kinton •
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Planning and Zoning Commission
Public Hearing
Case #2012-08, Floodplain Regulations Amendments
January 8, 2013
Page 3 of 4
Motion carried .
I~
Welker moved:
Bleile seconded: CASE #2012-08, AMENDMENTS TO TITLE 16: UNIFIED DEVELOPMENT
CODE RELATED TO FLOODPLAIN REGULATIONS AS STATED BE
RECOMMENDED FOR APPROVAL TO CITY COUNCIL WITH A
FAVORABLE RECOMMENDATION.
Director White was sworn in. He provided one condition Staff would like the Commission
to include in their motion. It was noted .
Mr. Welker and Mr. Bleile accepted the following condition be added to the original
motion:
1. On page 2 3, 16-4-14 A. Planning Commission shall be replaced with
Planning and Zoning Commission .
Chair Brick called for the question .
AYES:
NAYS:
ABSTAIN:
ABSENT:
Bleile, Roth, Welker, Knoth, Fish, King, Brick, Townley
None
None
Kinton
Motion carried.
IV. PUBLIC FORUM
!e]l
There was no public that wished to speak to the Commission.
V. ATTORNEY'S CHOICE
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Ms. Reid was not in attendance.
VI. STAFF'S CHOICE
[fl
Director White stated Staff had planned on bringing PUD procedures or procedures for
public hearings to the Commission at the January 23 rd
• study session, but may not have all
information compiled by then. Chair Brick suggested Staff stay in touch with the
Commission and if all the information for the PUD procedures is not ready by that date the
meeting will be cancelled .
Planning and Zoning Commission
Public Heaiing
Case #2012-08, Floodplain Regulations Amendments
January 8, 2013
Page 4 of 4
VII. COMMISSIONER'S CHOICE e
Several members stated they hoped everyone had a good holiday season.
Ms. Townley asked if City Council approved the General Iron Works PUD. Director White
stated it was continued to January 22 nd .
Chair Brick stated he is excited about the upcoming business seminar the City is holding.
The meeting adjourned at 7:25 p .m.
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
IN THE MATTER OF CASE #2012-08,
FINDINGS OF FACT, CONCLUSIONS
AND RECOMMENDATIONS RELATING
TO THE UNIFIED DEVELOPMENT CODE
FLOODPLAIN AMENDMENTS
INITIATED BY:
Community Development Department
1000 Englewood Parkway
Englewood, CO 80110
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FINDINGS OF FACT AND
CONCLUSIONS OF THE
CITY PLANNING AND
ZONING COMMISSION
Commission Members Present: Bleile, Brick, King, Knoth, Roth, Fish, Welker, Townley
Commission Members Absent: Kinton
This matter was heard before the City Planning and Zoning Commission on January 8,
2013 in the City Council Chambers of the Englewood Civic Center.
Testimony was received from staff. The Commission received notice of Public Hearing, the
Staff Report, and a copy of the proposed amendments to Title 16 Unified Development
Code which were incorporated into and made a part of the record of the Public Hearing.
After considering the statements of the witness and reviewing the pertinent documents, the
members of the City Planning and Zoning Commission made the following Findings and
Conclusions.
FINDINGS OF FACT
1. THAT the Public Hearing on the Unified Development Code Floodplain
Amendments were brought before the Planning Commission by the Department of
Community Development, a department of the City of Englewood.
2. THAT notice of the Public Hearing was published in the Englewood Herald on
December 21, 2012 and was on the City of Englewood website from December 12,
2012 through January 8, 2013.
3. THAT the Staff report was made part of the record.
4. THAT in September 2012 the City received the Colorado Water Conservation
Board's model ordinance which was used to draft the proposed amendments .
Page I of 3
5. THAT the Colorado Water Conservation Board requires that any community that
participates in the National Flood Insurance Program must adopt the new standards.
6. THAT the City's favorable National Flood Insurance Program rating regarding flood
mitigation policies and regulations allows citizens with property within the floodplain
to receive approximately a ten percent reduction in flood insurance premiums.
7. THAT the proposed amendments are necessary in order for the City to remain in the
program and provide the discounted premium option for residents.
8. THAT the proposed amendments bring Chapter 4: Floodplain Regulations up to date
and compliant with State and National Flood Insurance Program standards.
9. THAT the Colorado Water Conservation Board requires the amendments to be
adopted and effective by January 14, 2014.
CONCLUSIONS
1. THAT the Public Hearing on the Unified Development Code Floodplain
Amendments was brought before the Planning Commission by the Department of
Community Development, a department of the City of Englewood .
2. THAT notice of the Public Hearing was published in the Englewood Herald on
December 21, 2012 and was on the City of Englewood website from December 12,
2012 through January 8, 2013.
3. THAT the amendments are required by the Colorado Water Conservation Board.
4. THAT the amendments are to be adopted and effective by January 14, 2014.
5. THAT this is an opportunity to clarify the safety needs of the public in terms of the
floodplain regulations and is in the best interest of the welfare of the citizens of
Englewood.
6. THAT the previously discussed amendments be forwarded to City Council.
DECISION
THEREFORE, it is the decision of the City Planning and Zoning Comm ission that Case
#2012-08 Unified Development Code Floodplain Amendments should be referred to the
City Council with a favorable recommendation.
Page 2 of3
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• The decision was reached upon a vote on a motion made at the meeting of the City
Planning and Zoning Commission on January 8, 2013, by Mr. Welker, seconded by Mr.
Bleile, which motion states:
AYES:
NAYS:
ABSTAIN:
ABSENT:
CASE#2012-08, AMENDMENTS TO TITLE 16: UNIFIED DEVELOPMENT
CODE RELATED TO FLOODPLAIN REGULATIONS AS STA TED BE
RECOMMENDED FOR APPROVAL TO Cl1Y COUNCIL WITH A
FAVORABLE RECOMMENDATION WITH THE FOLLOWING
CONDITION:
On page 23, 16-4-14 A. Planning Commission shall be replaced
with Planning and Zoning Commission.
Bleile, Roth, King, Fish, Brick, Knoth, Welker, Townley
None
None
Kinton
Motion carried.
These Findings and Conclusions are effective as of the meeting on January 8, 2013.
• BY ORDER OF THE CITY PLANNING & ZONING COMMISSION
John Brick, Chair
I
• Page 3 of 3