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HomeMy WebLinkAbout3.0 Staff Report 7.31.06Exhibits for the Zone District Text and District amendments for floodplains, Public Hearing held on July 31,2006. // A Proof of Publication B Garfield CounW Zoruns, Rezulations of 1978. as amended. C Garfield County Comprehensive Plan of 2000 D Proiect Information and Staff Comments E Proposed Resolution of Approval for amendments to Section 6, Floodplain Rezulations of the Garfi eld Countv Zonns, Resolution F Proposed Resolution of Approval for amendments to the zone district of certain properties adjacefi to the Colorado River one mile east and west of the Town of Silt G Flood Insurance Study and Flood Insurance Rate Maps (FIRM) numbers 0802051091C, 0802051092C and 080205llllC, prepared by the Federal Emergency Management Agency (FEMA), dated August 2,2006. 'z rA 4ldlz, Exhibit Letter (AtoZl Exhibit t' I. BOCC 713y06 MLB PROJECT INFORMATION AND STAFF COMMENTS REOUEST:Zone District Text Amendment to all of Section 6.00, Floodplain Regulations and Zone District Amendment to add a Floodplain Overlay to areas along the Colorado River approximately 1.0 miles east and 1.0 mile west of the Town of Silt. APPLICANT:Garfield County Commissioners Board of County DESCRIPTION OF THE PROPOSAL A. Request. In March of zlfr..the Planning Department was provided copies of proposed new panels of the FEMA Flood Insurance Rate Map (FIRM) for the Town of Silt and areas approximately 1"d miles east of the Silt town limits and 4.& miles west of the town limits. This study was initiated by the Town of Silt and in the process, the engineers analyzed the areas outside of the Town limits to identify aZone A for areas in the unincorporated area of the County, that had not been previously mapped by FEMA. As a part of that process, FEMA is requiring that the County adopt these maps for Flood lnsurance puryoses and update our regulations to be current with the latest definitions and interpretations. The County is obligated to make these amendments to remain eligible for the National Flood lnsurance Program (NFIP). If the County were to discontinue participation in the NFIP, anyone having flood insurance presently would no longer qualify and anyone wanting a federally insured loan that requires flood insurance would not be able to get the loan. Staff had originally planned on incorporating these amendments to the maps and the regulations into the Code Revision. It is apparent now, that we will not make the August 2,2006 deadline noted in the attached letter. The Floodplain Regulations had been a subject of discussion and some concern during the recent work sessions of the Planning Commission, staff made a recommendation to revise the existing regulations now to be consistent with the current FEMA model regulations. The biggest difference in the proposed regulations and the cuffent regulations is in the process. The present process requires a Special Use Permit, which requires a public hearing before the Board of County Commissioners. The proposed process is an administrative permit process, with call up provisions to the Board of County Commissioners. There are a number of changes to the definitions and some of the criteria to determine whether or not an activity should be allowed in a floodplain. The one area of concern expressed by the Planning Commission regarding the minimum elevation of a residential structure above base flood level has remained at one (1) foot. The property aiong the Colorado River will have aZone A designation on the FEMA Flood Insurance Rate Map, which will affect their flood insurance Zone A is defined on the maps as an area with "no base flood elevation determined". FEMA has prepared Flood Insurance Rate Maps (FIRM) numbers 0802051091C, 080205 1 09 2C and 080205 1 1 1 1 C, for public use to determine floodplain designations in the area. Staff discussed this issue with the FEMA representatives and their explanation is that these areas are based on previous studies that have not been confirmed by current studies. The entire Colorado River was studied by the Corps of Engineers in 1986, but it was never confirmed by the State and presented to the County as being valid information for adoption as FEMA floodplain maps. TheZone A designation according to the FEMA representative may provide some relief to the flood insurance premiums some people have presently, but should not result in additional premiums. It will require any new construction to meet the standards for construction within the floodplain. MAJOR ISSUES AND CONCERNS A. Zoning Resolution: A Zone District Text Amendment and a Zone District Amendment are subject to the procedures contained in Section 10.0 of the Garfield County Zonrng Resolution. Procedurally, the Planning Commission must make a recommendation to the Board of County Commissioners regarding any zone district text or zone district amendment. The Board of County Commissioners will hold a public hearing with the appropriate notice, to make a decision. Section 6, Floodplain Regulations, is a Federally mandated regulation that the County has to implement to allow residents of the County to be eligible for the National Flood Insurance program. Garfield County first adopted Floodplain regulations in 1985 and the last amendment to those regulations occurred in 199 1 . Since that time there have been a number changes to the model regulations that have been incorporated in the proposed text amendments. Iv. SUGGESTED FINDINGS IIr. l. That the hearing before the Board of County Commissioners was extensive and 2. complete, that all pertinent facts, matters and issues were submitted and all interested parties were heard at the hearing. That the proposed text amendments have been presented to the Planning Commission for their recommendation as required by the Garfield County Zonrng Resolution, as amended, and recommended for approval. 3. That all applicable regulations regarding aZone District Amendment have been complied with including, but not limited to, Section 10.00 of the Garfield County Zoning Resolution of 1978, as amended. 4. That the proposed zoning is in the best interests of the public health, safety and welfare of citizens of Garfield County. RECOMMENDATION The Planning Commission recommended APPROVAL of the application for a zone district text amendments to Section 6, Floodplain Regulations and the zone district amendments for a floodplain overlay for properties located adjacent to the Colorado River 1.0 miles east and 1.0 mile west of the Corporate limits of the Town of Silt and as shown on Flood Insurance Rate Maps (FIRM) numbers 080205 1 09 1 C, 080205 1092C and 080205 i 1 1 1C, prepared by the Federal Emergency Management Agency (FEMA). Motion: The Chairman be authorized to sign resolutions of approval adopting the Amended Section 6, Floodplain Regulations and a resolution creating a floodplain zone for properties adj acent to the Colorado River 1 .0 miles east and 1 .0 mile west of the Corporate limits of the Town of Silt and as shown on Flood lnsurance Rate Maps (FIRM) numbers 0802051091C, 080205 1092C and 0802051 1 1 1C, prepared by the Federal Emergency Management Agency (FEMA). v. J