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Code or Ordinances Amendment - Title 16 Revisions for DNR RequirementsCopyrighted June 15, 2020 City of Dubuque Public Hearings # 3. ITEM TITLE: Code or Ordinances Amendment - Title 16 Revisions Required by the Department of Natural Resources SUMMARY: Proof of publication on notice of public hearing to consider approval of a request from the City of Dubuque to amend Articles16-6-4.11 FF Floodway Fringe Overlay District and 16-6-4.15 Definitions of the Unified Development Code to accommodate required ordinance revisions from the Iowa Department of Natural Resources, and the Zoning Advisory Commission recommending approval. SUGGESTED DISPOSITION: ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Amending 16-6-4.11 FF Floodway Fringe Overlay District and 16-6-2 Definitions to accommodate required ordinance revisions from the Iowa Department of Natural Resources Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type Staff Memo Staff Memo Application Supporting Documentation Staff Report Supporting Documentation Ordinance Ordinance Suggested Motion Wording Supporting Documentation Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org Masterpiece on the Mississippi The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Dubuque heal AII•AneriII vax xv[ra-i 11111, 2007.2012.2013 2017+2019 June 5, 2020 Applicant: City of Dubuque. Description: Text amendment to Articles 16-6-4.11 FF Floodway Fringe Overlay District and 16-6-4.15 Definitions of the Unified Development Code to accommodate required ordinance revisions from the Iowa Department of Natural Resources. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above -cited request. The application, staff report and related materials are attached for your review. Discussion Planning staff said that the request is to amend text amendment to Articles 16-6-4.11 FF Floodway Fringe Overlay District and 16-6-4.15 Definitions of the Unified Development Code to accommodate required ordinance revisions from the Iowa Department of Natural Resources. Planning Services Manager Wally Wernimont discussed the application. He noted that the City of Dubuque participates in the National Flood Insurance Program (NFIP). He said the NFIP was managed by the Federal Emergency Management Agency (FEMA) and that the Iowa Department of Natural Resources (DNR) prepared a model ordinance which the city adopted in 1990. He stated that the DNR is requesting revisions of the city's ordinance to match the recent revisions in the model ordinance. He said that by doing so, the City of Dubuque would be in compliance with the National Flood Insurance Program regulations. Commissioners discussed the request and agreed with the proposed text amendment. Recommendation By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Council to approve the request. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 Respectfully submitted, Martha Christ, Vice Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork Masterpiece on the Mississippi Variance EConditional Use Permit ❑Appeal ['Special Exception Limited Setback Waiver Rezoning/PUD/ID Dubuque bard MI•IUaeHca ph 2007.2012.2013 2017*2019 PLANNING APPLICATION FORM Preliminary Plat Major Final Plat ['Minor Final Plat ['Simple Site Plan EMinor Site Plan EMajor Site Plan ❑Simple Subdivision ❑■Text Amendment ['Temporary Use Permit ❑Annexation ❑Historic Revolving Loan ❑Historic Housing Grant City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone: 563-589-4210 Fax: 563-589-4221 planninc citvofdubuque.org ❑Certificate of Appropriateness ['Advisory Design Review (Public Projects) ❑Certificate of Economic Non -Viability ❑Historic Designation ['Demolition ❑Port of Dubuque /Chaplain Schmitt Island Design Review Please type or print legibly in ink Property owner(s): N/A Phone: Address: City: State: Zip: Fax #: Cell #: E-mail: Applicant/Agent: Michael C. Van Milligen, City Manager Phone: 563-589-4110 State: IA Zip:52001 E-mail: ctymgr@cityofdubuque.org Address:50 W. 13th Street city:Dubuque Fax #: Cell #: Site location/address: N/A Neighborhood Association: Existing zoning: N/A Proposed zoning: N/A District: N/A Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): Total property (lot) area (square feet or acres): NIA N/A Landmark: ❑ Yes 0 No N/A Describe proposal and reason necessary (attach a letter of explanation, if needed): Text amendment to Articles 16-6-4.11 FF Floodway Fringe Overly District and 16-6-4.15 Definitions of the Unified Development Code to accommodate required ordinance revisions from the Iowa Department of Natural Resources. CERTIFICATION: I/we, the undersigned, do hereby certify/acknowledge that: 1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2.The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written and graphic materials are attached. Property Owner(s): N/A Applicant/Agent: /halt.. LL /Ye. r, ,. Gut Date: Date: 5-'Zs - Z'° 2.0 FOR OFFICE USE ONLY — APPLICATION SUBMITT ' ECKLIST � 1 ZP Fee: N/A Received b �/ 4�• ��� y .� Dater Docket: Masterpiece on the Mississippi TO: Zoning Advisory Commission FROM: Wally Wernimont, Planning Services Manager Dubuque All -America City 11111' 2007.2012.2013 2017*2019 May 27, 2020 SUBJECT: Text amendment to Articles 16-6-4.11 FF Floodway Fringe Overly District and 16-6-4.15 Definitions of the Unified Development Code to accommodate required floodplain ordinance revisions from the Iowa Department of Natural Resources INTRODUCTION The Iowa Department of Natural Resources has provided required floodplain ordinance revisions to Articles 16-6-4.11 FF Floodway Fringe Overly District and 16-6-4.15 Definitions of the Unified Development Code. A text amendment is enclosed for your consideration. DISCUSSION The City of Dubuque participates in the National Flood Insurance Program (NFIP). The NFIP, managed by the Federal Emergency Management Agency (FEMA), enables homeowners, business owners and renters in participating communities to purchase federally backed flood insurance. This insurance offers an insurance alternative to disaster assistance to meet the escalating costs of repairing flood damage to buildings and their contents. As a participating community, the City of Dubuque is required to adopt and enforce a floodplain management ordinance to reduce future flood damage. This floodplain management ordinance is required to meet or exceed the minimum NFIP criteria. On behalf of participating communities in the State of Iowa, the Iowa Department of Natural Resources (DNR) prepared a model ordinance that meets these minimum requirements. The City of Dubuque adopted this model ordinance on April 16, 1990. The City of Dubuque participated in a Community Assistance Visit (CAV) last June. The CAV is a major component of the NFIP's Community Assistance Program (CAP). The CAV is a visit to a community by a FEMA staff member or staff of a State agency on behalf of FEMA that serves the dual purpose of providing technical assistance to the community and assuring that the community is adequately enforcing its floodplain management regulations. Generally, a CAV consists of a tour of the floodplain, an inspection of community permit files, and meetings with local appointed and elected FF Floodway Fringe Overlay District Text Amendment Memo Page 2 officials. If any administrative problems or potential violations are identified during a CAV, the community will be notified and given the opportunity to correct those administrative procedures and remedy the violations to the maximum extent possible within established deadlines. FEMA or the State will work with the community to help them bring their program into compliance with NFIP requirements. In extreme cases where the community does not take action to bring itself into compliance, FEMA may initiate and enforcement action against the community. During the CAV, State NFIP Coordinator Bill Cappuccio, noted the DNR is requesting participating cities that adopted the model ordinance revise a couple of sections. These revisions refer to accessory structures to residentials uses located in the FF Floodway Fringe Overlay District and additional definitions. These revisions are provided in the attached text amendment ordinance. RECOMMENDATION Planning staff recommends that Articles 16-6-4.11 FF Floodway Fringe Overlay District and 16-6-4.15 Definitions of the Unified Development Code be amended to accommodate the required ordinance revisions from the Iowa Department of Natural Resources. By doing so, the City of Dubuque will be in compliance with the National Flood Insurance Program regulations. Planning staff requests that the Zoning Advisory Commission review the proposed text amendments and make a recommendation to the City Council. Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121 ORDINANCE NO. 26-20 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING 16-6-4.11 FF FLOODWAY FRINGE OVERLAY DISTRICT AND 16-6-4.15 DEFINITIONS TO ACCOMMODATE REQUIRED ORDINANCE REVISIONS FROM THE IOWA DEPARTMENT OF NATRUAL RESOURCES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code Article 16-6-4.11 FF Floodway Fringe Overlay District is hereby amended as follows: similar structures Tess than three hundred (300) square feet in area from the for insurance coverage of the structure and contents; however, said detached 100-year flood elevation requirements provided: �vv �. ..vv vruuv�� �v�un�..n�.. , a. Thc structures shall not be used for human habitation. fie- tructure oh _designed to have Inw flood damage potential -ccrru� a-c�rc�rrca-ro-rTa-u � ro v u-rrvu� ccrrcrcar. o. e structu-I ,hall-be-c-o;st; ^ted and placed on the building site so as ,�Stto�rtcn-t offer minimum resistance to the flow of floodwaters. d. rturyes-shal.lbe firmly annhnred to r�r enit f_iotatio-n-whion-ma —resu t in damage to other tructures h �v� c. Thc structure's service facility such as electrical and heating equipment shall be elevated or e proofed too aaie . ' �e nheTo� a„-��,-.�-� _. d-P,- �a-st-er}e�t-�1-�-a�-,., year flood level. f, l!such stri ct fires shall be certified as mooting those reg iirementn h professional engineer registered in the state of Iowa. 11. Accessory Structures to Residential Uses a. Detached garages, sheds, and similar structures that are incidental to a residential use are exempt from the base flood elevation requirements where the following criteria are satisfied. (1) The structure shall be designed to have low flood damage potential. Its size shall not exceed 600 sq. ft. in size. Those portions of the structure located less than 1 foot above the BFE must be constructed of flood -resistant material. (2) The structure shall be used solely for low flood damage potential purposes such as vehicle parking and limited Ordinance No. 26-20 Page 2 storage. The structure shall not be used for human habitation. (3) The structure shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters. (4) The structure shall be firmly anchored to resist flotation, collapse and lateral movement. (5) The structure's service facilities such as electrical and heating equipment shall be elevated or floodproofed to at least one foot above the base flood elevation. (6) The structure's walls shall include openings that satisfy the provisions of 16-6-4-11 (B) Performance Standards 2. All New and Substantially Improved Structures. b. Exemption from the 100-year flood elevation requirements for such a structure may result in increased premium rates for flood insurance coverage of the structure and its contents. Section 2. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code Article 16-6-4.15 Definitions is hereby amended as follows: APPURTENANT STRUCTURE: A structure which is on the same parcel of the property as the principal structure to be insured and the use of which is incidental to the use of the principal structure. BASE FLOOD ELEVATION: The elevation floodwaters would reach at a particular site during the occurrence of a base flood event. FLOOD INSURANCE STUDY: , federal --insurance administration for thc purpose of evaluating in detail thc ,a od in Franc s. An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations. HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Section 3. The foregoing amendments have heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Ordinance No. 26-20 Page 3 Section 4. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 15th day of June 2020. D. Buol, Mayor Attest: Kevin S. Firnstahl, City clerk STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 06/19/2020 and for which the charge is 55.45 Subscribed to before me, a Notary Public IJnd for Dubuque County, Iowa, this 19th day of June, 2020 Notary ru+lic in and for Dubuqueounty, Iowa. JANET K. PAPE CoUmAmIselon Number 199E59 _My Comm, Exp. DEC 11, 2022 Ad text : OFFICIAL PUBLICATION ORDINANCE NO. 26-20 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING 16-6-4.11 FF FLOODWAY FRINGE OVERLAY DISTRICT AND 16-6-4.15 DEFINITIONS TO ACCOMMODATE REQUIRED ORDINANCE REVISIONS FROM THE IOWA DEPARTMENT OF NATRUAL RESOURCES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code Article 16-6-4.11 FF Floodway Fringe Overlay District is hereby amended as follows: 11. Detached Garages, Sheds: The exemption of detached garages, sheds, and similar structures less than three hundred (300) square feet in area from the 100-year flood elevation requirements may result in increased premium rates for insurance coverage of the structure and contents; however, said detached garages, sheds, and similar accessory type structures are exempt from the 100-year flood elevation requirements, provided: a. The structures shall not be used for human habitation. b. The structure shall be designed to have low flood damage potential. c. The structure shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters. d. Structures shall be firmly anchored to prevent flotation which may result in damage to other structures. e. The structure's service facility such as electrical and heating equipment shall be elevated or floodproofed to at least one foot (1') above the 100-year flood level. f. All such structures shall be certified as meeting these requirements by a professional engineer registered in the state of Iowa. 11. Accessory Structures to Residential Uses a. Detached garages, sheds, and similar structures that are incidental to a residential use are exempt from the base flood elevation requirements where the following criteria are satisfied. (1) The structure shall be designed to have low flood damage potential. Its size shall not exceed 600 sq. ft. in size. Those portions of the structure located less than 1 foot above the BFE must be constructed of flood -resistant material. (2) The structure shall be used solely for low flood damage potential purposes such as vehicle parking and limited storage. The structure shall not be used for human habitation. (3) The structure shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters. (4) The structure shall be firmly anchored to resist flotation, collapse and lateral movement. (5) The structures service facilities such as electrical and heating equipment shall be elevated or floodproofed to at least one foot above the base flood elevation. (6) The structure's walls shall include openings that satisfy the provisions of 16-6-4-11 (B) Performance Standards 2. All New and Substantially Improved Structures. b. Exemption from the 100-year flood elevation requirements for such a structure may result in increased premium rates for flood insurance coverage of the structure and its contents. Section 2. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code Article 16-6-4.15 Definitions is hereby amended as follows: APPURTENANT STRUCTURE: A structure which is on the same parcel of the property as the principal structure to be insured and the use of which is incidental to the use of the principal structure. BASE FLOOD ELEVATION: The elevation floodwaters would reach at a particular site during the occurrence of a base flood event. FLOOD INSURANCE STUDY: A study initiated, funded and published by the federal insurance administration for the purpose of evaluating in detail the existence and severity of flood hazards; providing the city with the necessary information for adopting a floodplain management program and establishing actuarial flood insurance rates. An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations. HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Section 3. The foregoing amendments have heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 15th day of June 2020. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published in the Telegraph Herald newspaper on the 19th day of June 2020. /s/Kevin S. Firnstahl, City Clerk It 6/19