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HomeMy WebLinkAboutResolution 900 - approving Floodplain dev. permitno rise for Horn Creek FloodwayRESOLUTION NO. 900 A RESOLUTION OF THE PLANNING COMMISSION APPROVING A FLOODPLAIN DEVELOPMENT PERMIT/NO-RISE CERTIFICATE FOR CULVERT6;NEM0IAL)- AND CHANNEL IMPROVEMENTS WITHIN THE HORN CREEL[ FLOODWAY (File No: FP 22001) WHEREAS, the applicant has submitted a Floodplain Development application and No -Rise Certification to complete improvements in the channel of Horn Creek to establish a natural channel and improve flows in the creek by eliminating an existing culvert. WHEREAS, the No -Rise Certification was prepared in accordance with FEMA's Guidance for "No-Rise/No-Impact" Certification for Proposed Developments in Regulatory Floodways; and WHEREAS, the No -Rise Certification confirms that the proposed improvements will not increase the base flood elevation or floodway profiles relative to the effective FEMA mapping; and WHEREAS, on December 6, 2022, at a duly noticed public hearing, the City of Central Point Planning Commission considered the Applicant's request for floodplain development approval for the Horn Creek Floodplain Development Permit/No Rise Certification (the "Project"); and, NOW, THEREFORE, BE IT RESOLVED that the City of Central Point Planning Commission by Resolution No. 900 hereby approves the Horn Creek Floodplain Development Permit/No-Rise Certification based on the Staff Report dated December 6, 2022, including attachments incorporated by reference (Exhibit "A"); and PASSED by the Planning Commission and signed by me in authentication of its passage this 6th day of December, 2022 Plan ing Commission Chair ATTEST: "m 4, L�, City epresen Ve Planning Commission Resolution No. 900 (12/06/2022) HORN CREEK FLOOD PLAIN DEVELOPMENT PERMIT 329 �W- PLANNING CITY OF CENTRAL POINT, OREGON _ Staff Report ver Horn Creek Cult Removal & No -Rise Certification File No. FP-22001 December 6, 2022 Item Summary Consideration of a floodplain development application to complete improvements in Horn Creek to establish a natural channel and improve flows in the creek by eliminating a culvert at risk of failure. The improvements are within the Special Flood Hazard Area (SFHA) and regulatory floodway for Horn Creek. Applicant: City of Central Point; Agent: RH2 Engineering Staff Source Justin Gindlesperger, CFM, Community Planner II Background There are seven (7) streams that flow through the City of Central Point. Horn Creek is a small tributary to Jackson Creek located in the southwestern portion of the City. There is a 100-ft section of Horn Creek that flows through a private culvert (Attachment "A"). The City recently learned that the culvert is at risk of failure and will increase flood risk to surrounding property owners. At this time, the City is helping explore options to address this recently identified flood risk. One potential solution is to plug the culvert and establish a channel connection via an existing bypass channel immediately west of the culvert. To accomplish this, work will need to be done within a regulatory floodway and floodplain for Horn Creek. As a participating community in the National Flood Insurance Program (NFIP), the City requires that floodplain development activities be evaluated and permitted to minimize flood damages, promote safety and protect environmental resources. In accordance with CPMC 8.24.090, the Floodplain Development permit is subject to Type III (quasi-judicial) procedures set forth in CPMC 17.05.400. In rendering a decision on the application, the Planning Commission must consider the criteria in CPMC 8.24.200 relative to floodway development. At the June 7, 2022 meeting, staff will provide a presentation on the application and its conformance with the applicable criteria needed to restore the stream channel conditions. Protect Desert tion: The project is within the SFHA and regulatory floodway of Horn Creek and proposes to establish a natural creek channel in an existing bypass channel within the banks of the creek and abandon the existing culvert. The culvert will remain in place, but will be plugged on both ends to prevent flows from entering. Work within the channel includes widening the areas at the north and south ends of the culvert to establish a riparian bench, preventing standing water in low flow conditions and sizing the channel to provide capacity in high flow scenarios. 330 In accordance with CPMC 8.24.200(A), a No -Rise certification is required to evaluate the existing flood conditions before a project and the proposed flood conditions following the completion of the project. According to the No -Rise documentation, the elimination of the culvert and establishing a natural channel within Horn Creek improves flows within the channel resulting in a decrease in flood elevations and provides fish passage through the project area, where the culvert and a diversion weir currently prevent passage (Attachment "B"). Since construction of the project does not result in an increase to flood elevations, the documentation is consistent with the City's no -rise standard. Issues There are no issues related to this application. Findings of Fact & Conclusions of Law The proposed floodplain development within Horn Creek has been evaluated against the applicable Flood Damage Prevention Criteria set forth in CPMC 8.24 and found to comply as evidenced in the Applicant's No -Rise documentation (Attachment "B") and the Planning Department's Supplemental Findings (Attachment "C"). Conditions of Approval No conditions of approval are recommended. Attachments Attachment "A" — Floodplain Development Project Location Map Attachment "B" — No -Rise Analysis (Note: Appendices are included in the record and available for review upon request) Attachment "C" — Planning Division Findings of Fact and Conclusions of Law Attachment "D" — Floodplain Development Application, dated 04/07/2022 Attachment "E" — Resolution No. 900 Action open a public hearing and consider the proposed Floodplain Development application and 1) approve; 2) approve with revisions; or 3) deny the application. Recommendation Approve Resolution No. 900, approving the floodplain development application to construct improvements within the regulatory floodway for Horn Creek. 331 A PLANNING CITY OF CENTRAL POINT, OREGON Attachment "A" Horn Creek Floodway Development & No -Rise Certification Project Location Map File No.: FP - 22001 332