Proposed Boulder County Land Use Code Text Amendments Floodplain - - PowerPoint PPT Presentation

Docket-15-0004

Proposed Boulder County Land Use Code Text Amendments Floodplain Regulations and related provisions

Planning Commission June 15, 2016

Summary of Key Changes

• No changes to floodplain maps are proposed at this time.
• Clarification of existing regulations to minimize confusion about

processes and requirements.

• Addition of ‘general’ Floodplain Development Permit to allow lesser

review process for some activities.

• Addition of restrictions on location of new and expanded critical

facilities in the floodplain.

• Alignment of floodplain regulations for nonconforming structures and

uses with other sections of Land Use code.

Reason for Proposed Changes to Floodplain Regulations

• September 2013 Flood impacted lives and physical floodplains.
• Staff has been able to interpret existing predictive floodplain mapping , post-

flood available data, and associated regulations in an altered floodplain.

• However, it is not always efficient for staff or clear to residents which data is

controlling and how regulations should be interpreted.

• Anticipation of delivery of large amounts of revised floodplain mapping

information through Colorado Hazard Mapping Program (CHAMP) beginning in fall 2016, and desire to:

• Share that data to support hazard identification and resilient planning, and
• Use the data for regulation as ‘Best Available Data’ in a manner that is

transparent to residents.

September 2016

• State Delivers

Draft Studies/Mapping

Oct/Nov 2016

• Boulder County

and Public Review/Outreach Process

January 2017

• Boulder County

Adoption Process

National Flood Insurance Program Participation

• Boulder County’s participation in FEMA NFIP program:
• Residents are guaranteed the ability to purchase flood insurance
• Federal government provides assistance after flooding
• Unincorporated Boulder County has applied for $40 million in public

assistance for infrastructure, could reach $100 million.

• $35 million to residents throughout Boulder County for individual

assistance

• NFIP program requires:
• Local floodplain maps of predicted extent of 100-year floodplain

– to predict hazard and to determine zone for applicability of floodplain regulations

• Local floodplain regulations – to promote resilience
• Local floodplain permitting – to review projects for compliance

with requirements for development

National Flood Insurance Program Participation

September 2013 Flood Disrupted Lives and Impacted Real- World Floodplain Areas

Flood Recovery and Rebuilding requires answering:

• 1. Is my project in a regulated floodplain area ?
• Use predictive floodplain mapping to determine. But the real-world floodplain has

changed since the flood…..is there better data? How does better data get used?

• 2. Is the activity I propose allowed and if so, what constraints are there?
• Interpret floodplain regulations to determine allowable activities within predicted

flood hazard areas. But the activity I am proposing is not clearly referenced in the floodplain regulations……

• 3. Do I need a floodplain development permit and how do I get one?
• The existing floodplain regulations require a floodplain development permit for any

human disturbance in the regulated floodplain. But the activity I am proposing is really small…..

BOCC September 2015 approval of Docket 15-0004

Staff given permission to draft amendments to LU code that:

• Make more transparent the County’s use of Best Available Data
• Make the floodplain regulations more user-friendly and more in

alignment with other sections of the LU code

• Make changes based on lessons learned from September 2013

Flood to amend regulations to better protect the health, safety, and welfare of residents and visitors to Boulder County.

Proposed Changes throughout the Code for Permitting Projects in the Floodplain

• 1. Designation of Official Maps
• 2. Floodplain Development Permits
• 3. General and Individual Floodplain Development Permits
• 4. Flood Protection Measures
• 5. Nonconforming Structures and Uses
• 6. Review, Appeals, Variances, and Enforcement
• 7. Definitions

• 1. D

Des esign ignatio ion o

• f Offi

ficia ial M l Maps: Use of Best Available Floodplain Data

Unchanged: County Engineer authority to use best available data to regulate floodplain development. Proposed Change: Adopt best available data on to ‘County Floodplain’ overlay through a transparent public process. Anticipated Future Application: Adoption of updated floodplain mapping , including maps produced by

• ngoing State CHAMP remapping

program, several years before FEMA final adoption.

Boulder County Floodplain

Creation of the Boulder County Floodplain allows users to see other data used by Boulder County to administer it’s code requirements

FEMA Floodplain

FO District

2.

• 2. Floodpla

lain in D Develo lopment P Per ermit its : Development

FEMA regulation: FEMA requires all communities that participate in the NFIP regulate “Development” that occurs within the floodplain. FEMA defines Development as: “any manmade change to improved and unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating or drilling

• perations.”

Existing code: All “development” in the floodplain requires an individual floodplain development permit.

• 2. Fl

Floodplain in D Develo lopment P Perm ermit its : Is my project allowed in the floodway/ flood fringe?

Clarification of :

• Prohibition of construction of additions to existing

structures in the floodway which increase the structure’s square footage, footprint, or habitable space.

• Prohibition of conversion of existing accessory use space

in the floodway to living or principal use space.

• Permitting requirements for when a project is proposed

for an area with either a County designated floodway or no floodway designated. New:

• Prohibition of new and expanded critical facilities below

6,000 ft elevation in both floodway and flood fringe.

Critical Facilities Include:

• Police/Fire Stations
• Essential Government Facilities
• Emergency Medical Facilities
• Designated Emergency Shelters
• Utility and Communication Facilities
• Air Transportation Lifelines
• Hazardous Materials Facilities
• At-Risk Populations
• Elder Care
• Congregate Care
• Public/Private K-12
• College Dorms, Classrooms

• 3. G

Gener eneral and I Individual al Floodplai ain D Development Permits ts (FD (FDP) More Efficient Floodplain Permitting

Existing code: All development in the floodplain requires an individual FDP. Proposed code:

• Activities in floodplain are either covered by the general

FDP or need to apply for an individual FDP.

• General FDP is for development that pose minimal or no

impact and can be covered by general conditions (some utility infrastructure, minor road activities, on grade pathways, certain maintenance activities).

• Some general FDP categories require applicant to notify the

County floodplain team, some activities do not require such notification.

• Applicant must still get all other necessary permits.

Uses/Activities that may be covered by the General FDP*

• At-grade driveways, sidewalks, roads
• Road/Trail maintenance and repairs
• Underground and overhead utilities
• Storm drainage system repairs

and maintenance

• In-kind replacement of storm

drainage system infrastructure

• Debris removal
• Mailboxes, telephone poles
• Farming, Pasture
• Gardening, landscaping

*Details and limitations are specified in 4-407

• 4. Flood P

Protection M Measures:

Clarification of requirements for flood protection related to improvements:

• Existing vs new construction (Exemptions for health and

safety related improvements)

• Residential vs. non-residential structures (Non-residential

can be ‘dry floodproofed’ )

• Floodway vs . Non-floodway sites
• Historic structures (Local historic designation is sufficient for

automatic floodplain variance)

• 4. Flood
• od P

Protection M Measures ( (con’t ’t):

Clarification of requirements for floodplain siting of:

• Propane tanks (outside of floodplain if practicable)
• On-site wastewater treatment systems (outside of floodplain

if practicable) New:

• Protocol for evaluation of alternatives for Substantially-

Damaged/Substantially-Improved structures in the floodway.

Propane/Fuel Storage Tanks (Example)

NFIP Minimum Requirement: Communities must require that fuel systems (as well as all other building utilities and service equipment) be designed or located such that floodwaters cannot enter or accumulate within any system components, and must be designed to resist the effects of hydrostatic and hydrodynamic forces. General guidance is provided in FEMA P-348, Protecting Building Utilities From Flood Damage, dated November 1999. Boulder County Proposed Code:

• Placement is prohibited in the FO District,

where practicable

• Where placement in the FO District cannot

be avoided:

• Above-ground tanks must be elevated and

anchored

• Below-ground tanks must be anchored

• 5. Nonconforming S

g Structures a and Uses es Align Floodplain Regulations

• Many structures in the floodplain are nonconforming:
• Example nonconforming structure in floodplain: Structure built before floodplain

regulations that does not have lowest floor elevated to regulated flood protection elevation

• Example nonconforming use in floodplain: Structure being used for habitable space

in the floodway

• Changes:
• Limiting to [five] years the time period for completion of repair work on a

substantially damaged nonconforming structure in the floodway (4-1000 limit for rebuild of nonconforming structure and use is six months).

• Made explicit allowance for relocation of nonconforming structure as long as

relocation reduces the risks from natural hazard events. (Relocation not allowed by general provisions in 4-1000)

• 6. R

Review, Ap Appea eals, V Variances ces, a and Enforcem ement Clarification

• Clarified County Engineer review of a submitted FDP application for

completeness and authority to suspend review process if application is incomplete.

• Clarified relationship between floodplain appeal and the general

appeal process presented in Sections 3-202 and 4-1200.

• Clarified relationship between requesting a variance to the floodplain

regulations and the general variance process presented in Sections 3-202 and 4-1202.

• 7. D

Definiti tions Secti tion a added to floodplain regulations

• Updated definition of floodway to clarify that floodplain is considered

entirely floodway above 6,000 ft elevation unless an engineering study has demonstrated that a distinction between floodway and flood fringe should exist.

• Added definition of maintenance to be used in conjunction with

determination of whether a general FDP is applicable for a project.

• Added definition of accessory structure that corresponds with FEMA

definition to be used with floodplain regulations.

• Added definitions of basement and below grade crawlspace that

correspond with FEMA definition to be used with floodplain regulations.

Referral Response

• Draft of proposed changes sent via email to applicable County referral agencies. Support for

amendments received from Boulder County Land Use, Parks & Open Space, Health and Human Services, Transportation Engineering. No conflict noted.

• Draft of proposed changes sent via email to CWCB and FEMA Region 8 for comment. Two

subsequent conference calls held on May 11th and 17th, 2016 with CWCB and FEMA

• representatives. CWCB/FEMA expressed support for amendments.
• Notice sent via email to five watershed coalitions representatives (Fourmile, St Vrain, Lefthand,

Little Thompson, Coal Creek) to distribute to their members. No comments received.

• Notice sent via email to 862 email addresses comprising the Boulder County Floodplain ListServ.

One response received.

• Notice sent via email to 987 email addresses comprising the Boulder County Land Use Code
• ListServ. No responses received.

Criteria Review

Staff finds that proposed Land Use Code amendments meet the criteria in Art. 16-100 of the Land Use Code in that:

• 1. the existing text is in need of the amendment;
• 2. the amendment is not contrary to the intent and purpose of this Code;
• 3. the amendment is in accordance with the BCCP

Next Steps

• Today we would like questions and feedback from Planning Commission and members of

the public that are here.

• We propose continuation of this docket to Planning Commission in August:
• Staff will conduct additional public outreach activities and collect public feedback between now

and then

• Staff will summarize public feedback in August for Planning Commission
• What does the Planning Commission need to consider the staff recommendation in

August?

• We would like to schedule the BOCC Public Hearing in early September, if Planning

Commission takes action in August. We would like input from the public: Email: floodplainregsmapscomment@bouldercounty.org Call: Christian Martin 720-564-2866

Boulder County Floodplain Information

• Amendments to Boulder County Floodplain Regulations:

www.bouldercounty.org/property/build/pages/lucodeupdatedc15000 4.aspx

• Boulder County Floodplain Remapping information:

www.bocofloodplainremapping.com

• Boulder County Floodplain Management Website:

www.bouldercounty.org/property/flood/pages/default.aspx