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Home My WebLink About2010-09-08 PZC MINUTES• • • , Pl an ning and Zonin g Commi ss ion Public Hearing Case #2010-05 , Floodpl ai n Ame ndments Se ptember 8 , 2010 P age 1 o f 5 CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION REGULAR MEETING September 8, 2010 I. CALL TO ORDER ~ The regular meeting of the City Planning and Zoning Commission was called to order at 7:01 p .m . in the Council Chambers of the Englewood Civic Center, Chair Knoth presiding. Present: Absent: Staff: Bleile, Roth, King, Welker, Krieger, Knoth, Brick, Calonder Kinton (alternat~) Fish Alan White, Community Development Department Director II. APPROVAL OF MINUTES August 17, 2010 Roth moved: Bleile seconded: TO APPROVE THE AUGUST 17, 2010 MINUTES Chair Knoth asked if there were any modifications or corrections. There were none. AYES : NAYS : ABSTAIN : ABSENT: Bleile, Roth , Welker, Knoth, Brick, Calonder None King, Krie ger Fish Motion carried. ~ Roth moved : Bl eile seconded : TO APPROVE THE FINDINGS OF FACT FOR CASE #2008-04, LANDSCAPING AND SCREENING AMENDMENTS. Chair Knoth asked if there w e re an y modifications or corrections . Mr. Roth st ated he hoped the City's legal d epartm e nt has reviewed the amendments, especiall y th e sections that give some discretion to the staff, the City Manager or his desi gnee, so thes e amendments do not have the sam e vulnerability that the sign code had . • , Plannin g and Zoning Commission Public Hearin g Cas e #2010-05, Floodplain Amendments Se ptember 8, 2010 P age 2 of 5 There were no further comments. Chair Knoth called for a vote. AYES: NAYS: ABSTAIN: ABSENT: Bleile, Roth, Welker, Knoth, Brick, Calonder None King, Krieger Fish Motion carried . Ill. PUBLIC HEARING ~ CASE #2010-05: Floodplain Regulation Amendments Krieger moved: Bleile seconded : TO OPEN THE PUBLIC HEARING AYES: NAYS: ABSTAIN: ABSENT: ·Bleile, Roth, Welker, Knoth, Brick, Calonder, King, Krieger None None Fish • Motion carried. • ~ Director White was sworn in. He noted for the record the bulk of the work on the floodplain regulations was done by Tricia Langon, Senior Planner for the City of Englewood. He also stated for the record notice of the public hearing was in the Englewood Herald on August 20, 2010 and was on the City's website from August 12th through September 8, 2010. The Amendments repeal in its entirety Chapter 16-4: Flood Plain Overlay District and enact 16-4: Floodplain Regulations in its place . This amendment process began about two years ago when the Federal Emergency Management Agency (FEMA ), Arapahoe County, and the Colorado Water Conservation Board entered into a process to update the flood insurance rate maps, which had not been updated for this part of Arapahoe County since 1995. One of the reasons this is important for the community is that the City participates in the National Flood Insurance Program. Participation in that program allows landowners to purchase flood insurance at an approximately 10% discount if the City remains up-to-date with the floodplain regulations and adopts the new maps. The Commission is being asked to amend the regulations to adopt the new maps and also update the regulations to conform to the model ordinance , that the Colorado Water Conservation Board put together. There have been some changes in terminology, some expanded responsibilities of the Floodplain Administrator and some requirements for documenting and issuing permits . All is included in the new regulations. He noted the information was reviewed by City Council at a study session on July 12 , 2010 and the consensus was to move forward with the changes and make every effort to meet • • • , Planning and Zoning Commission Public Hearing C ase #2010-05 , Floodplain Amendme nt s Se ptember 8, 2010 Page 3 of 5 the deadline that FEMA and the Colorado Water Conservation Board has given the City of having the amendments in effect by December 17, 2010 . The City was given six months to complete the process. He provided an example of a change in terminology: the old maps referred to 100 and 500 year floodplains . Now they are referred to as floods with a chance of occurrence of 1 % annually (100 year floodplain) and .2 % annually (500 year floodplain). One of the items discussed with City Council was the drainage study that was prepared back in the 1970's. The areas that were noted as being subject to shallow flooding were shown as blue boxes on the map . The City included those in previous regulations, but in checking with the Colorado Water Conservation Board and FEMA, we can only regulate floodplains that have been mapped by FEMA or approved by the Colorado Water Conservation Board . It was discussed what it would take to have those areas recognized b y the Colorado Water Conservation Board. It would require a study be performed b y engineers at a cost of approximately $300,000. Corisensus was to not move forward with that study. Instead, current practice will continue: whenever someone comes in for a building permit and the property will be affected by one of those areas, Staff informs them that there could be potential flood damage due to shallow flooding. Director White offered to answer an y questions the Commission might have . Mr. King asked what "substantial improvements" means that is referenced on page 10. He also noted 2 c. on page 10 states "No basement shall be permitted in any residential structure", yet on page 11 in D. 1 it states "Residential Construction . New construction and substantial improvement of any residential structure shall have the lowest floor (including basement, elevated to or abov e the base flood elevation ." There is a contradiction. Director White noted "Substantial Improvement" is defined on page 22. Mr. King said that's fine, at least it's defined somewhere. After discussion it was determined to remove 2 c. on page 10. Mr. Welker brought up th e question of fences not being addressed as structures. He asked the other Commissioners what th eir thoughts were. He said he would like it included in the authority of Staff or designee to consider. After discussion it was decided to copy 16-4-1 : D.S. on page 2 to 16-4-6: 2.c. creating a number 11 on page 6 of the amendments. Number 11 will read : "Prevent or re gulate the construction of flood barriers, including fences, which will unnaturally divert flood waters or which may increase flood hazards to other lands. The Commission requested 16-4-8 : D.4.d . be removed in its entirety. It has nothing to do with the floodplain. Mr. King had a question regarding the paragraph stating manufactured homes need to be placed on a permanent foundation as a result of a flood . Dire ctor White stated Englewood 's , Planning and Zoning Commission Public Hearing Case #2010-05, Floodplain Amendments September 8, 2010 Page 4 of 5 • current manufactured home parks are not in the floodplain zones stated 111 the amendments so the section does not apply. • • Welker moved: Krieger seconded: TO CLOSE THE PUBLIC HEARING AYES: NAYS: ABSTAIN: ABSENT: Bleile, Roth, Welker, Knoth, Brick, Calonder, King, Krieger None None Fish Motion carried. ~ After discussion the Commissioners made the following motion: Bleile moved: Welker seconded: CASE #2010-05, AMENDMENTS TO TITLE 16 : UNIFIED DEVELOPMENT CODE OF THE ENGLEWOOD MUNICIPAL CODE, RELATED TO THE REPEAL IN ITS ENTIRETY OF 16-4: FLOODPLAIN OVERLAY DISTRICT AND THE ENACTMENT OF 16-4: FLOODPLAIN REGULATIONS IN ITS PLACE, BE RECOMMENDED FOR APPROVAL TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION FOR ADOPTION WITH THE FOLLOWING CHANGES: AYES: NAYS: ABSTAIN: ABSENT: 1. Remove 16-4-7: B.2.c. in its entirety. 2. Copy 16-4-1: D.S. to 16-4-6: B.2.c. creating number 11 and include the words "including fences" after the word barriers . 3. Remove in its entirety 16-4-8: D.4.d.; as it has nothing to do with the floodplain. Bleile, Roth, Welker, Knoth, Brick, Calonder, King, Krieger None None Fish Mr. Brick voted yes because he believes it minimizes the losses to public and private entities due to flood conditions; it is in the best interest of the general welfare of the public. Ms. Krieger voted yes for the same reasons as Mr. Brick and also because she believes it is important to work in the best interest of Englewood's citizens as far as helping them out with their financial issues concerning flood insurance and also meeting government regulations. • • • .Pl ann ing and Zoning Commissio n Pu b lic Hearing Case #2 010 -05 , Floo dpl ai n Amendment s Se pte mb er 8, 2010 Page 5 of 5 Motion carried. IV. PUBLIC FORUM ~ There was no public prese nt. V . DIRECTOR 'S CHOICE ~ Director White had nothin g further to report. VI. STAFF 'S CHOICE ~ Director White provided a n update on future meetings: September 21 st : Stud y Sess ion: Medical Ma rijuana Amendments October 5t h: Public Hearing: Medical District Small Area Plan Amendm ents VII. ATTORNEY'S CHOICE I?] Ms. Reid was not present. VIII . COMMISSIONER'S CHOICE ~ The Commission e rs had nothing furth e r to report. ~~=~ Ba rbar a Kr ecklow, ~