B-12 Flood Regulations.pdf — original pdf

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Atlas 14 – Commercial Redevelopment Exception Watershed Protection Department Planning Commission| July 12 2022 B-121 of 24Floodplain Regulations Update What floodplain rules did we update? What floodplain rules do we recommend updating now? 2 B-122 of 24What floodplain rules did we update? Most significant update to our floodplain rules in their 36-year history Goal of updated rules: Protect our residents from flooding based on a better understanding of flood risk with new rainfall information Updated four basic elements of rules • Floodplain definitions • Residential redevelopment exception • Colorado River exception • Freeboard 3 B-123 of 24Residential Redevelopment Exception Administrative approval process floodplain if: 1. Replacement or modification of an existing residential building 2. Does not increase number of dwelling units 3. Finished floor elevation is at least 2 feet above the 100-year floodplain 4. No adverse flooding impact If these 4 conditions are met, the safe access requirement is waived Purpose • Incentivizes development that decreases flood risk • 80% of buildings in the 100-year floodplain are residential • Doesn’t increase the number of dwelling units at risk of flooding • Opens up opportunity for grant Existing condition Re-developed condition funding B-124 of 24Result of Collaborative Code Revision Process Contacted more than 2,700 people at 110 different meetings City Council approved the new rules on November 14, 2019 Staff pledged to develop draft rules regarding commercial redevelopment B-125 of 24What floodplain rules do we recommend updating now? Commercial Redevelopment Exception 6 B-126 of 24Commercial Redevelopment exception Goal: Create an administrative approval process for commercial redevelopment that decreases flood risk compared to the existing conditions Considerations: Building use; square footage; occupant load; parking flood risk; building height 7 B-127 of 24Proposed commercial redevelopment exception Administrative approval process for a commercial building in the floodplain if: 1. Replaces or modifies an existing commercial building 2. Finished floor elevation is at least 2 feet above the 100-year floodplain 4. Does not include the following uses: E (Educational); F (Factory); H (High Hazard); or I (Institutional) 5. Does not increase the number or flood level of parking spaces within the floodplain on the property unless otherwise required; and 3. Does not increase the building square 6. No adverse flooding impact footage on the property If these conditions are met, the safe access requirement is waived B-128 of 24Proposed commercial redevelopment exception example: Existing conditions 14 spaces in floodplain with maximum depth of 14 inches 14 spaces outside floodplain 5,000 sq. ft. building; Assembly use; B-129 of 24Proposed commercial redevelopment exception example: Option 1: same configuration 14 spaces in floodplain with maximum depth of 14 inches 14 spaces outside floodplain 5,000 sq. ft. building; Assembly use; B-1210 of 24Proposed commercial redevelopment exception example: Option 2: reconfiguration 14 spaces in floodplain with maximum depth of 14 inches 4 spaces outside floodplain 5,000 sq. ft. building; Assembly use; B-1211 of 24Process to approval • Codes and Ordinances Joint • Codes and Ordinances Joint Committee Committee • Planning Commission • Zoning and Platting Commission • Environmental Commission • Planning Commission • Building and Fire Code Board of • City Council Appeals B-1212 of 24Atlas 14 – Commercial Redevelopment Exception B-1213 of 24Floodplain Definitions Regulatory 100-yr floodplain = Current FEMA 500-yr floodplain Regulatory 25-yr floodplain = Old COA 100-yr floodplain • Maintain the City’s level of flood protection • Limit construction of new buildings in areas with known flood risk during re- mapping process • Interim definitions until floodplains are re-mapped in 2 - 3 years B-1214 of 24Option for Minor Improvements to Residential Buildings Administrative approval process for an addition to a residential building in the floodplain if: 1. Finished floor elevation of the addition is at least 2 feet above the 100-year floodplain 2. Not a substantial improvement 3. No adverse flooding impact If these 3 conditions are met, the safe access requirement is waived B-1215 of 24Colorado River Exception The previous exception allowed for a building to encroach in the 100-year floodplain if it was: • Downstream of Longhorn Dam • Along Lady Bird Lake New rule expands this exception to include: • Lake Austin • Lake Travis (within COA jurisdiction) 16 Lake Travis Purpose • Provide uniform regulations along Colorado River • Colorado River flooding is not flash flooding like rest of City Lake Austin Lady Bird Lake Colorado River downstream of Longhorn Dam B-1216 of 24Freeboard Increase the minimum height between a building’s finished floor and the 100-year floodplain from 1 ft to 2 ft Intent • Freeboard is the single-most effective means for reducing flood risk to a building in the floodplain • Reduces flood insurance premiums B-1217 of 24 PROPOSED CODE AMENDMENT: AFFORDABILITY IMPACT STATEMENT NEIGHBORHOOD HOUSING AND COMMUNITY DEVELOPMENT AMENDMENTS TO LDC SECTIONS 25-7-93 & 25-7-96 TO INCLUDE A COMMERCIAL RE-DEVELOPMENT EXCEPTION • PROPOSED AMENDMENT ALLOWS FOR AN ADMINISTRATIVE PATH FOR APPROVAL OF COMMERCIAL RE-DEVELOPMENT THAT WOULD REDUCE FLOODING RISK COMPARED TO THE EXISTING DEVELOPMENT. • ALSO ALLOWS A SEVERELY DAMAGED COMMERCIAL BUILDING TO RE-ESTABLISH THE COMMERCIAL USE. POSITIVE NEGATIVE NEUTRAL POSITIVE NEGATIVE NEUTRAL THE EXCEPTION WOULD ALLOW STAFF ADMINISTRATIVE APPROVAL TO APPROVE A COMMERCIAL DEVELOPMENT WITHIN THE 25-YEAR OR 100-YEAR FLOODPLAIN PENDING MEET CERTAIN CRITERIA.. POSITIVE NEGATIVE NEUTRAL THE AMENDMENT WOULD ALLOW EXISTING COMMERCIAL DEVELOPMENTS TO REDEVELOP WITHOUT THE NEED OF A CITY COUNCIL VARIANCE. THIS WOULD SAVE DEVELOPMENT PROCESSING TIME AND COST. POSITIVE NEGATIVE NEUTRAL IMPACT ON IMPLEMENTATION OF IMAGINE AUSTIN VISION, GOALS AND PRIORITIES LAND USE / ZONING OPPORTUNITIES FOR AFFORDABLE HOUSING DEVELOPMENT IMPACT ON COST OF DEVELOPMENT IMPACT ON PRODUCTION OF AFFORDABLE HOUSING PROPOSED CHANGES IMPACTING HOUSING AFFORDABILITY: ALTERNATIVE LANGUAGE TO MAXIMIZE AFFORDABLE HOUSING OPPORTUNITIES: OTHER HOUSING POLICY CONSIDERATIONS: NONE. NONE. NONE. DATE PREPARED: 04/302020 MANAGER’S SIGNATURE: REGINA M COPIC___________ B-1218 of 241 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PART 1. City Code Section 25-7-93 (General Exceptions) is amended to read as follows: § 25-7-93 GENERAL EXCEPTIONS. (A) A development application with a proposed building or parking area that encroaches on the 100-year floodplain may be approved if the encroachment is: (1) a parking area that is smaller than 5,000 square feet or an unoccupied structure that has an area of less than 1,000 square feet, and the director determines that the proposed development: (a) will not have an adverse effect on the 100-year floodplain or surrounding properties; and (b) otherwise complies with the requirements of this title; (2) a new building for residential use that replaces an existing legally constructed building for residential use on the same property and that does not increase the number of legal dwelling units on the property; (3) a new building for commercial use that replaces an existing legally constructed building for commercial use on the same property and: (a) (b) does not increase the building square footage on the property; does not include the following uses as they are defined in the International Building Code: (i) E (Educational); (ii) F (Factory); (iii) H (High Hazard); or (iv) I (Institutional); and B-1219 of 241 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (c) does not increase the flood level of parking spaces within the 100-year floodplain unless additional parking is required by another section of this title. (4)[(3)] a building authorized by a waterway development permit issued under Chapter 9-10 before September 25, 1983; or (5)[(4)] a building in the 100-year floodplain of: (b) the Colorado River downstream from Longhorn Dam; (a) Lady Bird Lake; (c) Lake Austin; or (d) Lake Travis. (B) To be approved under this section, development must: (1) be no lower than two feet above the 100-year floodplain, as measured from the lowest floor elevation of any proposed building; (2) (3) (4) comply with the requirements in Chapter 25-12, Article 1, Section 25-12-3 Appendix G (Flood Resistant Construction) and Section 1612 (Flood Loads); compensate for the floodplain volume displaced by the development; and result in no additional adverse flooding impact on other properties, as determined by the director. PART 2. City Code Section 25-7-96 (Requirements in the 25-Year Floodplain) is amended to read as follows: § 25-7-96 REQUIREMENTS IN THE 25-YEAR FLOODPLAIN. (A) This section establishes requirements that apply to development in the 25- year floodplain. B-1220 of 241 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (B) A development application with a proposed building or parking area that is located on parkland, a golf course, or other public or recreational land and that encroaches on the 25-year floodplain may be approved if: (1) the building, if any, is: (a) (b) a restroom or bath facility, concession stand, tool shed, or pump house, with an area of less than 1,000 square feet; or a dock that is located in the 25-year floodplain of Lady Bird Lake, Lake Walter E. Long, or Lake Austin and constructed, or proposed to be constructed, in compliance with the regulations of this title; and (2) the parking area, if any, is smaller than 5,000 square feet. (C) A development application for a proposed new building for residential use that replaces an existing legally constructed building for residential use may be approved if the building is: (1) on the same property; and (2) not increasing the number of legal dwelling units on the property. (D) A development application for a proposed new building for commercial use that replaces an existing legally constructed building for commercial use may be approved if the building is: (1) on the same property; (2) not increasing the building square footage on the property; (3) not including the following uses as they are defined in the International Building Code: (i) E (Educational); (ii) F (Factory); (iii) H (High Hazard); or (iv) I (Institutional); and B-1221 of 241 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 (4) not increasing the flood level of parking spaces within the 25-year floodplain unless additional parking is required by another section of this title. (E)[(D)] To be approved under this section, development must: (1) (2) (3) (4) (5) be no lower than two feet above the 100-year floodplain, as measured from the lowest floor elevation of any proposed building; comply with the requirements in Chapter 25-12, Article 1, Section 25-12-3 Appendix G (Flood Resistant Construction) and Section 1612 (Flood Loads); compensate for the floodplain volume displaced by the development; result in no additional adverse flooding impact on other properties, as determined by the director; and otherwise comply with the requirements of this title, as determined by the director. B-1222 of 24 1 ENVIRONMENTAL COMMISSION MOTION 20220518 003a Date: May 18, 2022 Subject: Proposed changes to the Land Development Code § 25-7-93 and 25-7-96 to include a commercial redevelopment exception Seconded by: Kevin Ramberg Motion by: Jennifer Bristol RATIONALE: WHEREAS, the National Oceanic and Atmospheric Administration completed a study of historical rainfall for Texas in 2018 called Atlas 14 that showed that the Austin area is experiencing heavier rainfall more frequently and that the probability of severe flooding is greater than previously realized. WHEREAS, in response, the City of Austin revised its floodplain regulations and adopted interim floodplain maps until a citywide floodplain study could be completed. As part of the revised floodplain regulations, a Residential Redevelopment Exception was created, among other items, to promote redevelopment that reduces flood risk for development residential properties. WHEREAS, the Environmental Commission recognizes the City staff are requesting changes to Land Development Code § 25-7-93 and § 25-7-96 to promote flood risk reduction when redeveloping commercial properties. THEREFORE, the Environmental Commission recommends the proposed changes to Land Development Code § 25-7-93 and § 25-7-96 with the following Environmental Commission Conditions: Environmental Commission Conditions: • Continue to inform the public through outreach and public comment events • Include the high hazard maps for those outreach events. VOTE: 9-2 For: Qureshi, Schiera, Ramberg, Bristol, Barrett Bixler, Aguirre, Thompson, Bedford, and Nickells Against: Brimer and Scott Abstain: None Recuse: None Absent: None B-1223 of 24 Approved By: Kevin Ramberg, Environmental Commission Chair 2 B-1224 of 24