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HomeMy WebLinkAboutProvisional Adoption of Ordinance No. 1812, revisions to Ch. 18.58, BMC, Floodplain Regulations of UDO.pdf Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brian Heaston, Project Engineer Debbie Arkell, Director of Public Services Richard Hixson, City Floodplain Administrator SUBJECT: Public Hearing for provisional adoption of Ordinance 1812, proposing revisions to Chapter 18.58 Bozeman Municipal Code, better known as the City of Bozeman Floodplain Regulations of the Unified Development Ordinance. MEETING DATE: July 11, 2011 AGENDA ITEM TYPE: Action Item RECOMMENDATION: Make a motion to provisionally adopt Ordinance 1812. PROPOSED MOTION: I move to provisionally adopt Ordinance 1812 amending Sections 18.58.040; 18.58.090.B.4.d; 18.58.250; and 18.58.260 Bozeman Municipal Code as proposed. BACKGROUND: The Federal Emergency Management Agency (FEMA) has recently completed a re-evaluation of the flood hazard areas within Gallatin County, inclusive of the City of Bozeman. The analysis updates the Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRMs) completed by FEMA on July 15, 1988. The revised flood information must be adopted by September 2, 2011 in order for the city to remain in good participatory standing with the National Flood Insurance Program (NFIP). The NFIP benefits flood-prone residents with reduced insurance rates. Existing flood hazard areas for Bozeman Creek, Mathew-Bird Creek, Nash-Spring Creek, Mill Ditch Diversion, and Figgins Creek established in the July 15, 1988 FIS (and depicted upon the July 15, 1988 FIRMs) in essence have remained unchanged with the re-evaluation recently completed by FEMA. The only change that occurred for these areas was a simple datum adjustment to the North American Vertical Datum of 1988 (NGVD88), which is the current vertical elevation standard used in North America, from the National Geodetic Vertical Datum of 1929 (NGVD29), which is essentially obsolete. Additional flood hazard areas were studied and mapped by FEMA for Bridger Creek and the East Gallatin River. These newly studied and mapped areas (along with the datum-adjusted existing mapped areas) will become jurisdictional flood hazard areas on September 2, 2011. The principal revision contained in Ordinance 1812 is to Section 18.58.040 BMC whereby the September 2, 2011 FIS/FIRMs are recognized as effective, replacing the 1988 FIS/FIRMs. The 312 revisions to Sections 18.58090.B.4.d; 18.58.250; and 18.58.260 are clean-up references to the code. The essence of the Bozeman Floodplain Regulations remains intact and will continue to comply with minimum standards of the Montana Floodplain and Floodway Management Act (Title 76, Chapter 5, Montana Code Annotated) and the National Flood Insurance Act of 1968, as amended. Ordinance 1812 is attached to this memorandum along with additional supporting information. A certified letter from FEMA outlining the process employed in the re-evaluation and actions necessary to comply with NFIP is provided. Also attached is an exhibit prepared by the Bozeman Geographic Information System (GIS) Department depicting the flood hazard areas effective under the new September 2, 2011 FIS. The city’s interactive GIS website (http://www.bozeman.net/Departments-(1)/Information-Technology/GIS/Interactive-GIS) contains a layer showing these areas. As a disclaimer, the GIS exhibit is for informational purposes only; official hard-copies of the FIRMs, as well as the FIS are available for viewing at the Engineering Department, 20 East Olive Street. ALTERNATIVES: As recommended by the Commission. FISCAL EFFECTS: None. Attachments: Ordinance 1812; FEMA Letter; GIS Map Exhibit Report compiled on: June 30, 2011 313 Ordinance 1812 Page 1 of 5 ORDINANCE NO. 1812 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING CHAPTER 18.58 FLOODPLAIN REGULATIONS. WHEREAS, Chapter 18.58 Floodplain Regulations of the Bozeman Municipal Code (BMC) establishes land use regulations to promote public health, safety, and welfare; and WHEREAS, Chapter 18.58 BMC complies with the Montana Floodplain and Floodway Management Act (Title 76, Chapter 5, Montana Code Annotated); and WHEREAS, the City of Bozeman participates in the National Flood Insurance Program as a community in good standing; and WHEREAS, the Federal Emergency Management Agency (FEMA) has updated the July 15, 1988 Flood Insurance Study and Flood Insurance Rate Maps for Gallatin County, inclusive of the City of Bozeman; and WHEREAS, the FEMA updated Flood Insurance Study and Flood Insurance Rate Maps become effective on September 2, 2011; and WHEREAS, the City of Bozeman must officially adopt the updated Flood Insurance Study and Flood Insurance Rate Maps by the September 2, 2011 effective date in order to remain a community in good standing with the National Flood Insurance Program. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that: 314 Ordinance 1812 Page 2 of 5 Section 1 Section 18.58.040 of the Bozeman Municipal Code shall be amended as follows: 18.58.040 FLOODPLAIN REGULATION ESTABLISHMENT AND APPLICABILITY These floodplain regulations are hereby established and are applicable in all areas defined by the base flood elevations and 100-year floodplains as delineated in the Flood Insurance Study, or other means specified in §18.58.030, BMC. The basis for the Flood Insurance Study is a scientific and engineering report entitled The Flood Insurance Study for the City of Bozeman, Montana, dated July 15, 1988 the Flood Insurance Study of Gallatin County, Montana, and Incorporated Areas, dated September 2, 2011 (FEMA FIS No. 30031CV000A), with accompanying Flood Insurance Rate Maps and Flood Boundary/Floodway Maps. The official floodplain maps, together with the Flood Insurance Study are on file in the office of the City Floodplain Administrator. The floodplain regulations are hereby established in all areas subject to flooding. Depiction on the official zoning map of the City is not required for this district. Section 2 Section 18.58.090.B.4.d (Flood Hazard Evaluation (Requirement for Study (Cross Sectional Information))) of the Bozeman Municipal Code shall be amended as follows: d. Cross Sectional Information. (1) Cross sections shall follow the applicable guidelines established by the Montana Department of Natural Resource Conservation. If applicable guidelines are not available, cross section information shall be as follows: (a) Cross section elevations and stations should be determined at points representing significant breaks in ground slope and at changes in the hydraulic characteristics of the floodplain (e.g., points where ground cover, soil or rock conditions change). Elevations must be reported in NAVD88 or NGVD29 datum. (b) Each cross section shall cross the entire floodplain. The cross section alignment should be perpendicular to the general flow of the watercourse, the slope of the channel and the hydraulic characteristics of the reach. A minimum of four cross sections are required over the entire reach with at least two cross sections at the property where the elevations are desired. Additional cross sections must be taken at bridges, control structures or natural constrictions in topography. (2) Photogrammetric methods may be used in lieu of cross sections whenever appropriate and when reviewed and approved by the City Engineer. 315 Ordinance 1812 Page 3 of 5 Section 3 Section 18.58.250 of the Bozeman Municipal Code shall be amended as follows: 18.58.250 FLOODWAY FRINGE - USES ALLOWED WITHOUT PERMITS All uses allowed in the floodway, according to the provisions of §18.58.210 18.58.200, BMC of these regulations, shall also be allowed without a permit in the floodway fringe. Section 4 The introductory paragraph only of Section 18.58.260 of the Bozeman Municipal Code shall be amended as follows: 18.58.260 FLOODWAY FRINGE - USES REQUIRING PERMITS When a site specific exemption or relaxation of the standards of §18.42.100, BMC allows utilization of a portion of the floodplain, the uses allowed in the floodway subject to the issuance of a permit, according to the provisions of §18.58.220 18.58.210 through §18.58.240 18.58.230, BMC, shall also be allowed by permit within the floodway fringe. In addition, new construction, substantial improvements and alterations to structures are allowed by permit. This includes but is not limited to residential, commercial and industrial construction and suitable fill to be allowed by permit from the City Floodplain Administrator, subject to the following conditions: … Section 5 Repealer All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 6 Savings Provision This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provision of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. 316 Ordinance 1812 Page 4 of 5 Section 7 Severability That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 8 Codification The provisions of Section 1, 2, 3, and 4 shall be codified as appropriate in Title 18, Unified Development Ordinance, of the Bozeman Municipal Code. All references within the Bozeman Municipal Code shall be revised to reflect the changes in this ordinance. Section 9 Effective Date This ordinance shall be in full force and effect thirty (30) days after final adoption, or September 2, 2011, whichever is later. PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _______ day of _______, 2011. ____________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ____________________________________ GREG SULLIVAN City Attorney 317 Ordinance 1812 Page 5 of 5 FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ____ day of ________________, 2011. The effective date of this ordinance is __________, __, 2011. ____________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ____________________________________ GREG SULLIVAN City Attorney 318 319 320 321 322 INTERST A T E 9 0 H W Y S 19TH AVE DURSTON RD FRO N T A G E R D COTTONWOOD RD STUCKY RD DAVIS LN W MAIN ST FOWLER LN MC I L H A T T A N R D PATTERSON RD N 7TH AVE STORY MILL RD HUFFINE LN S 3RD AVE W OAK ST E V A L L E Y C E N T E R R D MANLEY RD SOURDOUGH RD N 19TH AVE W COLLEGE ST W KOCH ST BIG GULCH DR E MAIN ST S 11TH AVE HIGHLAND BLVD BAXTER LN BLACKWOOD RD HAGGERTY LN L ST N ROUSE AVE W KAGY BLVD TAYABESHOCKUP RD E KAGY BLVD SPRINGHILL RD S 4TH AVE S 5TH AVE N 15TH AVE BRIDGER DR FALLON ST ANNIE ST S 6TH AVE S CHURCH AVE S WILLSON AVE N 25TH AVE HARPER PUCKETT RD S GRAND AVE PAINTED HILLS RD MCGEE DR W STORY ST RED W I N G D R NELSON RD N 27TH AVE OAK ST HUNTERS WAY N 5TH AVE BO H A R T L N MARY RD ROSE ST CANARY LN ELLIS ST S 8TH AVE S 15TH AVE BRIDGER CANYON RD BOZEMAN TRAIL RD CE D A R S T W OLIVE ST E GRIFFIN DR DEER CRE E K D R HIDDEN VALLEY RD FLANDERS MILL RD W OAK ST W BEALL ST W ALDERSON ST W CURTISS ST S 7TH AVE W GARFIELD ST LAKE RD ROBIN LN GRAF ST S ROUSE AVE W LAMME ST FEN WAY KAGY RD HILLSIDE LN W GRANT ST S 9TH AVE EQUESTRIAN LN N BLACK AVE CATRON ST S 10TH AVE N TRACY AVE E LAMME ST IDA AVE N GRAND AVE SANDERS AVE N 17TH AVE VALLEY DR SIMMENTAL WAY S BLACK AVE WATTS LN W BABCOCK ST FR O N T S T N WALLACE AVE OLD FARM RD W LINCOLN ST W HARRISON ST PEACE PIPE DR RESORT DR S 20TH AVE MEAGHER AVE KURK DR ARNICA DR CHERRY DR BLUEBIRD LN S 23RD AVE BOYLAN RD PLUM AVE WESTRIDGE DR N BOZEMAN AVE THOMAS DR N 9TH AVE N 20TH AVE FOWLER AVE WESTERN DR WAGONWHEEL RD LILY DR OAK ST N 3RD AVE BORDER LN ARNOLD ST N 22ND AVE TETON AVE W MENDENHALL ST W GARFIELD ST ROCKY CR E E K R D STUBBS LN ENTERPRISE BLVD N 10TH AVE N 11TH AVE TRO O P E R T R L QUINN DAVID LN BOYLAN RD N CHURCH AVE N 14TH AVE W PEACH ST RIATA RD HOLLY DR OLIVER ST FAIRWAY DR N WILLSON AVE TSCHACHE LN BECK DR FIELDSTONE DR WMINERAL AVE LO N G H O R N R D RENOVA LN SABER CIR WARBLER WAY E MENDENHALL ST E TAMARACK ST CLONINGER LN W GRIFFIN DR W VILLARD ST LAK E D R TEMPORARY ROAD GOLDENSTEIN LN BUELL DR GARDNER PARK DR S TRACY AVE DONNA AVE JAGAR LN COTTONWOOD RD SHERIDAN AVE N FERGUSON AVE MEAGHER AVE RAVALLI ST HEADLANDS DR S FERGUSON AVE NEW HOLLAND DR FLATHEAD AVE URSA ST PARKWAY AVE RIDGE TRL E OA K S T CATTAIL ST BRASS LANTERN CT FALLON ST CATAMOUNT ST ARTHUR ST E STORY ST SPRING CREEK DR W HAYES ST N BROADWAY AVE STONEGATE DR TSCHACHE LN W TAMARACK ST MEAH LN N MONTANA AVE VINE ST MICHAEL GROVE AVE E PEACH ST KERMODI ST ROCKY RD S YELLOWSTONE AVE E GARFIELD ST BROADWATER ST E HITCHING POST RD ARROWLEAF HILLS DR ALPHA DR KENYON DR PIN AVE W HITCHING POST RD LOMAS DR SACCO DR WILDA LN CAMBRIDGE DR DAISY DR BENNETT DR GALE CT HITCHING POST RD N 24TH AVE N 27TH AVE CAMPBE L L R D KIMBALL AVE SAXON WAY ANNETTE PARK DR N 12TH AVE MAX AVE S 27TH AVE MANDEVILLE LN E GRANITE AVE LOYAL DR S 29TH AVE N 18TH AVE ASH DR N 21ST AVE N 16TH AVE N YELLOWSTONE AVE REDWOOD DR LONGBOW LN HANSON ST WHEAT DR EVERGRE E N D R N 23RD AVE BROOKDALE DR JUNIPER ST N SWEETGRASS AVE FOWLER AVE DONEGAL DR POST DR SOURDOUGH RIDGE TRL TRIPLE TREE RD S BOZEMAN AVE WOODLAND DR TEAKWOOD DR WESTLAKE RD GOLD AVE OLD HIGHLAND BLVD ROSA WAY TEMPEST CT BUCKRAKE AVE W BABCOCK ST BUTTONWOOD AVE BOOT HILL CT GALLATIN DR MOSS BRIDGE RD ADVANCE DR BIRDIE DR ADVANCE DR LASSO AVE COOK CT S 11TH AVE MONROE ST WATER LILY DR HILLCREST DR RE E V E S R D E ANNIE S T BURKE ST LAREDO DR LOXLEY DR HIGHLAND CT BOSAL ST FLANDERS CREEK AVE N 8TH AVE EASTWOOD DR AU G U S T A D R DISCOVERY DR VIRGINIA WAY S WALLACE AVE TWIN LAKES AVE WHITETAIL RD HILL ST MEADOW LN VICTORY ST SUNLIGHT AVE STAFFANSON RD POTOSI ST SNAPDRAGON ST CONCORD DR WATERS ST SECOR AVE LOOKFAR WAY WHITE OAK DR LAUREL PKWY SUMMERSET DR MEGHANS WAY PARK PL DEER ST TRADE WIND LN FORESTGLEN DR ALDER CREEK DR REMINGTON WAY CLIFDEN DR LARIAT LOOP CANDY LN PE A R S T KIMBERWICKE ST LOLO WAY JACK LEG LN S 30TH AVE BUCKRAKE AVE W DICKERSON ST GALLATIN TRL CYPRESS AVE BEMBRICK ST PATRICK ST DURHAM AVE YERGER DR PALETTE CT VIRGINIA DR TRIUMPH S T PINNACLE STAR ST AAJAKER CREEK RD DANUBE LN SHADOWGLEN DR BLACKBIRD DR WINDWARD AVE FERGUSON AVE COVER ST LINDLEY PL BOGART DR LARAMIE DR BOZEMAN TRL ICE POND RD STAFFORD AVE STANFORD DR SOLAR WAY LINDVIG DR FRANKLIN HILLS DR QUAIL LN LAUNFAL LN HEMLOCK ST HARMON WAY E COTTONWOOD ST JOHN MAY LN CASCADE ST PERRY ST PIPESTONE ST MERIWETHER AVE FOX CT S SPRUCE DR CA P E A V E COTTAGE LN ARCTOS R D DAWS DR SUNSET BLVD S 16TH AVE CONESTOGA CIR ST ANDREWS DR P A R C T N PINECREST DR BRISBIN ST SPRING MEADOWS DR CARSON PL GOLF WAY E ASPEN ST BRIGGS RD SUNDEW LN EDELWEISS DR E BABCOCK ST DAFFODIL ST DROULLIARD AVE POND ROW E MASON ST PALISADE DR BUNGALOW LN TAI LN WHISPER LN W COTTONWOOD ST STONE FLY DR DEAD MANS GULCH NOSTALGIA LN CORWIN ST JESSIE WAY ACCOLA DR LLOYD ST BLACKMORE PL WHEELER DR ERWIN AVE FOXTAIL ST DUDLEY DR CARBON ST BARCLAY DR GIBSON D R MAE ST GLENWOOD DR SAXON WAY GLACIER CT CUTTING ST DIAMOND ST MORROW ST PALM ST LEMHI TRAIL DR FORBES AVE HENDERSON ST CANVAS CT OPPORTUNITY WAY RITTER DR HUNT ERS WA Y ALLEN DR SHERIDAN PL NASH CREEK RD OLD BUFFALO TRL TRAKKER TRL S 18TH AVE S 17TH AVE JEFFERSON CT E JUNIPER ST TURNBERRY CT HEALY AVE W CLEVELAND ST S 3RD AVE W OAK ST E KAGY BLVD W BABCOCK ST DEER ST S TRACY AVE FOWLER AVE SPRING CREEK DR LILY DR S BLACK AVE E ASPEN ST E PEACH ST S 3RD AVE E OAK ST W GARFIELD ST CATTAIL ST W VILLARD ST S 27TH AVE S 8TH AVE GRAF ST W OAK ST BLACKWOOD RD BAXTER LN FRONTAGE R D N 7TH AVE INTERSTA T E 9 0 H W Y S O U R D O U G H R D S 7TH AVE N ROUSE AVE N 11TH AVE N 27TH AVE N 9TH AVE RAVALLI ST GOLDENSTEIN LN W BEALL ST GRAF ST W BABCOCK ST ANNIE ST 1 0 10.5 Mile ¯FEMA Flood Zones This map was created by the City of Bozeman GIS Department on 6/28/11 and is intended for planning purposes only.Floodway data was provided by FEMA with an effective date of 9/2/11.The official FEMA floodplain maps are available for viewing at the City of Bozeman Engineering Department.For more information please call 582-2280 or visit the following website: http://montanadfirm.com/status/Gallatin/default.htm 1 inch = 1,000 feet Legend City Limits Stream or Ditch FEMA DFIRM Zone AE Floodway Zone AE 0.2% Annual Chance Flood Hazard 323