HomeMy WebLinkAboutA003 - Council Action Form dated September 9, 2014 ITEM # 17
DATE: 09-09-14
COUNCIL ACTION FORM
SUBJECT: AMENDMENTS TO FLOOD PLAIN ZONING REGULATIONS AND
ADOPTION OF NEW FLOOD MAPS FOR COLLEGE CREEK AND
WORLE CREEK
BACKGROUND:
Since the City of Ames participates in the National Flood Insurance Program (NFIP),
property owners in the City are eligible to purchase flood insurance to protect their
structures and contents. To participate in the NFIP, the City is obligated to regulate
development so as to reduce the risks of loss of life, personal injury, and property
damage. To accomplish these goals, the City Council adopted an ordinance that
regulates development in the flood plain and maps that identify the flood plain for
waterways throughout the City.
Part of that ordinance adopts by reference the Flood Insurance Rate Maps (FIRMS)
prepared by the Federal Emergency Management Agency (FEMA). The current Flood
Insurance Study (FIS) and FIRMs were completed and adopted in 2008. A new study
and maps have been prepared for a portion of the community and are slated to become
effective on October 16, 2014. The City must adopt these maps by that date in order
to remain in compliance with the NFIP. These maps affect the area around College
Creek and Worle Creek in west and south Ames.
In November, 2010, City staff became aware of an opportunity for a restudy of a portion
of the City's mapped flood plains. FEMA's fiscal year 2011 appropriations included
grants for flood map updates to high-performing Cooperating Technical Partners (CTP)
nationwide. The Iowa Department of Natural Resources (IDNR) is the CTP for Iowa.
In April, 2011, City staff met with representatives of IDNR and FEMA to discuss a scope
of services that would allow for remapping of flood plains in Ames. Staff discussed with
IDNR and FEMA the possible geographic extent of a mapping update and potential
costs to the City. The mapping study required a 25 percent match which IDNR indicated
they would provide.
The meeting resulted in the selection of these two watersheds as the study area. These
areas were selected because of identified problems with the current mapping of the
flood area and because of the limited available funding for studies. The new mapping
updates the flood area for 100-year storm events, which is consistent with the NFIP.
College Creek, in particular, has special problems with the current mapping—in some
places, the mapped flood plain is 50 feet away and 30 feet higher than the creek. A map
of the location of College Creek and Worle Creek are included as Attachment 1.
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FEMA's consultant conducted the flood study. Once draft maps were prepared, City
staff conducted an open house in August, 2013. Staff mailed an invitation to all property
owners adjacent to College Creek, Worle Creek, and the two tributaries of Worle Creek.
The new Flood Insurance Study has resulted in more accurate Flood Insurance Rate
Maps depicting Base Flood Elevations (BFE is the water surface level of a 100-year
flood event). This was possible because of the use of aerial topographic data of the
entire city and physical surveys of portions of the watersheds. These more accurate
maps will help the community plan for and better regulate development activities
in the flood plain. It will also help affected homeowners and businesses to obtain
the proper level of flood insurance coverage at the best price.
Of particular note in Campustown is that portions of College Creek from Hayward
Avenue to Lynn Avenue have been removed from the flood plain. Upstream from State
Avenue, the extent of the floodway fringe has been reduced and the expected water
levels from a 100-year flood event have been lowered as a result of the new modeling.
Some homes on the north side of the creek will be removed totally from the flood plain,
allowing them to purchase flood insurance at a much lower premium. Also, areas of this
creek upstream from South Dakota Avenue have been realigned so that the flood plain
is centered on top of the creek rather than on adjacent houses.
The impact on Worle Creek and its tributaries is less pronounced. Portions of one
tributary of Worle Creek as it flows through the existing and proposed ISU research park
have more details and the extent of the flood plain is narrowed as it flows through the
airport property. Much of the benefit of the proposed maps is found along that portion of
Worle Creek that lies outside the City limits but within the Southwest Allowable Growth
Area.
The consultant has a website containing all the relevant documents of the study and the
preliminary maps. It allows a user to compare the existing flood maps with the proposed
maps to determine the impacts on any particular property. The website can be found at
this link: http://12.23.244.78/IA Story Outreach/
Proposed Amendments
Amendments are proposed to four sections of Chapter 9 and can be found in
Attachment 2. In summary, the amendments do the following:
Amendment to Section 9.2(2) adopts the new FIRMs. This amendment is necessary to
ensure compliance with the NFIP. The new FIRMs establish new base flood elevations
and delineate a new floodway and floodway fringe for College Creek, Worle Creek, and
two unnamed tributaries of Worle Creek.
Amendment to Section 9.5(2)(c) removes the reference to National Geodetic Vertical
Datum 1929 (NGVD 29). This scale of measuring elevations was used in the existing
FIRMs but the new maps establish elevations for the study area in North American
Vertical Datum 1988 (NAVD 88). It retains the NGVD 29 in the remainder of the
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community. Loss of this reference is of no significance as the new FIRMs provide the
necessary references to the appropriate vertical datum.
Amendment to Section 9.7 references the new definition of `development" (rather than
repeating it) found in Section 9.11 and deletes another reference to NGVD 29.
Furthermore, it authorizes the establishment of a fee for the issuance of flood plain
development permits. The City Council established the fee effective July 1, 2014.
Amendments to Section 9.11 establish new definitions for `development," "minor
project," and "routine maintenance of existing buildings and facilities." These changes
allow the exemption of certain minor projects and maintenance from the requirement of
obtaining a flood plain development permit. This approach was recommended by the
Iowa Department of Natural Resources in order to reduce monitoring and permitting
requirements of insignificant projects in participating communities throughout the state.
Under current rules, even such innocuous projects as reshingling a home or installing a
flagpole require a flood plain development permit. Since these activities have little or no
impact on water levels during a flood event and do not rise to the level of a `substantial
improvement," the IDNR recommends a formal exemption of them from permitting
requirements.
Planning and Zoning Commission Recommendation. The Planning and Zoning
Commission met on September 3 and recommended approval (6-0) of the proposed
text amendments to the flood plain zoning regulations.
ALTERNATIVES:
1. The City Council can amend Chapter 9 of the Ames Municipal Code as shown in
Attachment 2.
2. The City Council can deny the proposed amendments. This action would lead to the
suspension of the City of Ames from the National Flood Insurance Program.
Suspension would not allow property owners or renters to renew existing or
purchase new flood insurance policies.
3. The City Council can refer the proposed amendments to the flood plain zoning
ordinance back to staff for specific further information or for further options. This
option would require the City Council to approve multiple readings at the next or
subsequent meeting in order to have final passage of the ordinance by the effective
date of October 16. 2014.
MANAGER'S RECOMMENDED ACTION:
The amendments that adopt the new Flood Insurance Study and Flood Insurance Rate
Maps and that delete the references to NGVD 29 are required to stay in compliance
with the National Flood Insurance Program. The amendment to establish the fee is
consistent with the direction of the City Council during adoption of the annual budget.
The amendments that redefine "development' and create new definitions for "minor
project' and "routine maintenance of existing buildings and facilities" are optional but
come recommended by the IDNR. This exemption will be useful to reduce the time and
burden on customers and staff for seemingly innocuous projects.
Therefore, it is the recommendation of the City Manager that the City Council accept
Alternative #1, thereby amending Chapter 9 of the Ames Municipal Code as shown in
Attachment 2.
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ATTACHMENT1
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ATTACHMENT 2
Delete Section 9.2(2)entirely and replace with:
Section 9.2(2) The Story County, Iowa and Incorporated Areas Flood Insurance Rate Map
(FIRM), City of Ames, Panels 19169C0135E, 140E, 141E, 142E, 155E, 161E, 162E, 164E,
168E, 170E,276E and 277E, dated February 20, 2008 and Panels 137F, 139F, 143F, 144F, 163F,
256F and 257F,dated October 16,2014,which were prepared as part of the Flood Insurance
Study for Story County and digital FIRM equivalents are hereby adopted by reference and
declared to be the Official Flood Plain Zoning Map.
Amend Section 9.5(2)(c) as shown:
(c)Non-residential buildings.All new and substantially improved non-residential buildings shall
have the lowest floor(including basement) elevated a minimum of three (3) feet above the base
flood elevation level, or together with attendant utility and sanitary systems, be floodproofed to
such a level. When floodproofing is utilized,a professional engineer registered in the State of
Iowa shall certify that the floodproofing methods used are adequate to withstand the flood
depths, pressures, velocities, impact and uplift forces and other factors associated with the base
flood elevation level, and that the structure,below the base flood elevation level, is watertight
with walls substantially impermeable to the passage of water. A record of the certification
indicating the specific elevation
to which any structures are floodproofed shall be maintained by the Flood Plain Administrator.
Amend Section 9.7 as shown:
(2)Flood Plain Development Permit.
(a) Permit Required. A Flood Plain Development Permit issued by the Administrator
shall be secured prior to initiation of any flood plain development. Development is
defined in Section 9.11
estate, ineluding but fiat limited to buildings er-Btliff-StFUGWfOS, mining, filiing, gFading,
Application Appon for Permit.Application for a Flood Plain Development Permit shall be
made on forms supplied by the Administrator and shall include the following
information:
(i)Description of the work to be covered by the permit for which application is to
be made.
(ii)Description of the land on which the proposed work is to be done(i.e., lot,
block,tract, street address, or similar description)that will readily identify and
locate the work to be done.
(iii) Identification of the use or occupancy for which the proposed work is
intended.
(iv)The base flood elevation(BFE).
(v) Elevation of the
lowest floor(including basement) of buildings or of the level to which a building
is to be floodproofed.
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(vi)For buildings being improved or rebuilt,the estimated cost of improvements
and market value of the building prior to the improvements.
(vii) Such other information as the Administrator deems reasonably necessary for
the purpose of this ordinance.
(viii)The required fee, as determined by the City Council, for and
construction, substantial improvement, or any development on any parcel which
contains a portion of the Floodway.
Amend Section 9.11 Definitions to incorporate the following definitions:
Development. Any man-made Chan eg to improved or unimproved real estate, includingbut
limited to building or other structures, mining, dredging filling, grading, paving, excavation,
drilling operations, storage of equipment or materials,or placement of factory-built homes.
"Development" does not include "minor proiects"or"routine maintenance of existing buildings
and facilities"as defined in this section. It also does not include gardening, plowing, and similar
practices that do not involve filling, ram
Minor Project. Small development activities(except for filling_grading and excavating)valued
at less than$500.
Routine Maintenance of Existing Buildings and Facilities. Repairs necessary to keep a structure
in a safe and habitable condition that do not trigger a building permit, provided they are not
associated with a general improvement of the structure or repair of a damaged structure. Such
repairs include:
a. Normal maintenance of structures such as re-roofing, replacing roofing tiles and replacing
siding;
b. Exterior and interior painting, papering,tiling, carpeting,cabinets, counter tops and similar
finish work;
c. Basement sealing;
d. Repairing or replacing damaged or broken window panes;
e. Repairing_plumbing systems, electrical systems,heating or air conditioning systems and
repairing wells or septic systems.
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