Agenda Date: 05/19/2020
Subject:
Title
Ordinance 14-2020: An ordinance on second reading amending the floodplain regulations contained in Title 10, Chapter 6, and referenced in Title 2, Chapter 9 and Title 10 Chapters 1, 2, and 3
Body
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Prepared by: |
Carolyn Roan, Water Resource Manager |
PURPOSE:
To amend the city’s floodplain regulations located in Title 10 Chapter 6, with associated references in Title 2 Chapter 9 and Title 10 Chapters 1, 2, and 3, and creation of a Floodplain Overlay District (FP-O) on the city zoning map to comply with new regulatory language, clarify building restrictions, and provide clarity on the permitting process.
PRESENTATIONS:
Staff Presenter(s): Carolyn Roan, Water Resource Manager
Additional Presenter(s): N/A
SUMMARY:
The City of Littleton has participated in the National Flood Insurance Program (NFIP) since 1971. To participate in the NFIP, the city was required to adopt and administer floodplain regulations. Floodplain regulations have required periodic updates to remain in compliance with 1) new regulatory language, 2) to clarify building restrictions, and 3) to provide clarity on the permitting process. The proposed code update includes certain elements of the regulatory update in 2013 that were omitted, addresses some unclear descriptions of building restrictions in the current code, and creates a more efficient floodplain permit process in Littleton.
Currently the code requires that an applicant proposing a building or fill material project within a floodplain, must have a Use by Special Exception approved by the Planning Commission in a public hearing. This process is burdensome and costly for individual property owners, especially for small projects, as well as to developers and city staff. It is also inconsistent with surrounding jurisdictions in the Denver metro area. The proposed code amendment would limit Planning Commission public hearings to certain cases with more floodplain impact, with the remainder of floodplain projects reviewed and approved through the Engineering Division staff of Public Works where the city floodplain administrator is located. Considering the often highly technical nature of engineering studies that accompany some floodplain permit applications, it is appropriate to have these projects reviewed in the Engineering Division via an administrative process.
Many property owners are not aware of the building restrictions on development or redevelopment in a floodplain. Establishing a Floodplain Overlay District on the city zoning map will increase awareness of floodplain locations and the additional building restrictions early in a property inquiry or project process. A Floodplain Overlay District will further memorialize and provide transparency to property owners regarding the location of floodplains.
PRIOR ACTIONS OR DISCUSSIONS:
• This subject was discussed in a Study Session with City Council on January 14, 2020
• Planning Commission recommended approval on PC Resolution 02-2020
• Passed on first reading at city council meeting on May 5, 2020
ANALYSIS:
Staff Analysis
Staff has seen an increase in the number of proposed projects within floodplains, as the city experiences growth and demand for development within the few remaining undeveloped parcels, many of which are encumbered with floodplain. In addition, many existing developed properties seek to redevelop. Staff has been involved in several public hearings before Planning Commission since July 2017 involving projects lying within the floodplain. Processing of these applications has revealed some concerns with the current regulations and the process of review and approval of such applications.
Staff evaluated floodplain regulatory content and authority in several surrounding jurisdictions to arrive at the recommended changes to the code. The Colorado Water Conservation Board and Mile High Flood District (MHFD) have also completed a review of the proposed changes at the request of staff, and found them to meet requirements of the NFIP with no modifications.
It has been past city policy to not require Planning Commission public hearings in all floodplain projects (such as stream stabilization and maintenance, or small projects on individual single family properties) and instead administer permits administratively in Public Works/Engineering Division. However, this is not a codified process. For consistency with internal policy and other jurisdictions, and to reduce burden on staff and commissioners, it is appropriate to keep most floodplain reviews and approvals within the Engineering Division. Staff has worked with the commissioners to arrive at thresholds for when a public hearing would be required, and this is described in the proposed changes.
The public has been engaged on this proposed code update with mailed postcards to all residents and owners within or adjacent to the floodplains of the city.
Council Goal, Objective, and/or Guiding Principle
This code amendment is consistent with Council’s Goal 1 (Envision Littleton/Objective 6 Code Updates) and Goal 2 (Objective 1/Effective Use of Resources).
Fiscal Impacts
There is a net decrease in staff time associated with an administrative floodplain permit process. Preparing for and attending public hearings requires significant time, for both engineering and planning staff members, in addition to Commissioners. Fiscal impacts to applicants would be reduced for many projects; Floodplain Development Permit without a public hearing is $800, versus with a public hearing the fee is $4700.
Alternatives
Alternative 1) Deny approval of the ordinance:
To continue without a codified administrative review process of floodplain development permits creates inefficiency, lack of consistency with city practice and surrounding jurisdictions, and potential confusion or inconsistency in code interpretation for staff, residents, and developers when implementing regulations. A public hearing is unnecessary to verify code compliance, and many projects do not create an impact that should be vetted to the general public. Individual impacted property owners or residents are already notified with current processes. The current regulations are also in need of update to be in full compliance with current State floodplain regulatory language, close some current gaps in the regulations, and clarify development restrictions and permit process. Not having a Floodplain Overlay District on the zoning map fails to adequately identify key building restrictions in those areas.
Alternative 2) Modify the ordinance:
Consequence in making modifications to the proposed ordinance is simply a delay in adoption.
Alternative 3) Approve the ordinance as written:
Approving the ordinance as written will more quickly codify an administrative process and increase efficiency and speed of permit approvals.
STAFF RECOMMENDATION:
Based on staff’s analysis, the proposed ordinance to amend the floodplain regulations in the city’s zoning code is in compliance with the pertinent goals and policies of the City Council. Staff recommends adoption of Ordinance 14-2020.
PROPOSED MOTION:
Proposed Motion
I move to the ordinance on second reading amending the floodplain regulations contained in Title 10, Chapters 1, 2, 3, and 6, and referenced in Title 2, Chapter 9.