Title
AN ORDINANCE AMENDING CERTAIN SECTIONS OF THE COMMERCE CITY LAND DEVELOPMENT CODE PERTAINING TO FLOODPLAIN REGULATION
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Summary and Background Information:
The Commerce City Land Development Code (LDC) Article IV is the regulatory basis for the Floodplain Overlay Zone District within Commerce City. Commerce City is required to adopt and enforce floodplain regulations in order to be a participant in the National Flood Insurance Program (NFIP). The NFIP is a federal program enabling property owners, in participating communities, to purchase flood insurance, as a protection against flood losses, in exchange for community floodplain management regulations that reduce future flood damages.
Participation in the NFIP is based on an agreement between communities, the State of Colorado, and the federal government. If a community adopts and enforces a floodplain management ordinance to reduce future flood risk to new construction in floodplains, the federal government will make flood insurance available within that community as financial protection against flood losses.
Commerce City has been a participating agency and has had adopted floodplain management ordinances since 1978. This allows all the properties, within Commerce City, the option of purchasing flood insurance, and enables federally backed mortgage loans for properties within a Special Flood Hazard Area. Participating in the NFIP is also a requirement for certain grant funding and emergency funding sources.
The NFIP regulations are the minimum requirements for floodplain management. Each state must also adopt floodplain regulations and the federal government gives them authority to adopt stricter standards than what the NFIP has outlined in the Code of Federal Regulations. Furthermore, each jurisdiction must adopt the federal and state regulations as the minimum requirements, but they too, are given the option of adopting stricter standards than what is required at the federal and state level.
In late 2010, the Colorado Water Conservation Board (CWCB) adopted revised Rules and Regulations for Floodplains in Colorado which then became effective January 14, 2011. These rules provide higher floodplain management standards than the minimum standards set by the NFIP. The CWCB provided a three-year transition period and Commerce City has until the end of the 1st quarter of 2014 to adopt floodplain regulations that are consistent with the new state regulations. Failure to adopt updated regulations that are consistent with the new state regulations will lead to serious sanctions including suspension or probation from the NFIP which would severely impact the citizens of Commerce City.
The changes required by the state to be included within the city's code are as follows and can be found on the attached exhibit:
1) Additional definitions to define the following terms: addition, critical facility, floodway,and letter of map revision based on fill.
2) To align the city's LDC with a reference to adopt and display the latest Flood Insurance Rate Maps and Flood Boundary- Floodway Maps.
3) The freeboard requirement for critical facilities has been set at two feet. Freeboard is basically the distance between the water level and the bottom of a structure. Previously, all structures within Commerce City were required to be raised to one foot. Critical facilities include:
a. Essential facilities including public safety facilities (police and fire stations), emergency shelters, communication equipment areas and public utility plants;
b. Facilities that house hazardous materials including chemical and pharmaceutical plants and above-ground gasoline or propane storage or sales areas; and
c. Facilities for at-risk populations including nursing homes and day care and assisted living facilities with 12 or more persons. Note: these uses are currently prohibited within a floodplain in Commerce City.
4) Certain areas that are removed from the floodplain by using fill materials would still be regulated as if they are still in a floodplain with respect to freeboard. This basically means that new basements may not be allowed in those areas.
5) The threshold for reconstruction or enlargement of a structure within the floodplain to bring it up to current standards is 50% of expansion size or 50% of the structure's replacement value. Elsewhere in the code, the threshold is 60%.
Staff Responsible (Department Head): Community Development Chris Cramer
Staff Member Presenting: Planning Manager Steve Timms and Deputy City Attorney Karen Stevens
Financial Impact: N/A
Funding Source: N/A
Staff Recommendation:
On January 7, 2014, the Planning Commission held a public hearing, took testimony, and voted (5-0) to forward the ordinance request to City Council with a favorable recommendation, subject to the findings of fact and review criteria.
Alternatives:
One option would be for City Council to approve the request as submitted by the applicant; a second option would be to approve the request subject to conditions; a third option would be for City Council to deny the request.