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ORDINANCE: O-2002-32
SUBJECT: In order to participate in the National Flood Insurance Program, the City of Lakewood must enact and enforce a Flood Plain Management Ordinance meeting the minimum standards established by the Federal Emergency Management Agency (FEMA). If Lakewood does not participate in the program and update the Flood Plain Management Ordinance, residents in flood-prone areas would not be eligible to purchase flood insurance.
A Flood Plain Management Ordinance was adopted in 1971. The format and requirements directly followed the model ordinance prepared by FEMA. It is now necessary to amend the ordinance to continue to meet the current FEMA model ordinance.
RECOMMENDATION: Staff recommends approval of the attached ordinance. Planning Commission reviewed the proposed ordinance on September 18, 2002. Staff will include their minutes and recommendation to City Council with the 2nd Reading packet of information on the October 14, 2002 agenda.
SUMMARY AND BACKGROUND OF SUBJECT MATTER: As indicated above, if Lakewood does
not participate in the National Flood Insurance program and update the Flood
Plain Management Ordinance, residents within Lakewood in flood-prone areas would
not be eligible to purchase flood insurance. The Flood Plain Ordinance is codified
in Article 14 of the Lakewood Zoning Ordinance. Several changes were incorporated
into proposed Article 14 and they can be seen in the staff report presented
to Planning Commission, which is included with this request.
DATE OF FIRST READING: September 23, 2002
DATE OF SECOND READING: October 14, 2002
ORIGINATED BY: Anne Heine, Lead Development Review Engineer
Vincent Harris, Manager of Development Review & Enforcement
STAFF PERSON RESPONSIBLE: Anne Heine, Lead Development Review Engineer, 303-987-7931
Vincent Harris, Manager of Development Review & Enforcement, 303-987-7516
DOCUMENTS ATTACHED: Ordinance O-2002-32
Staff Report
Planning Commission Minutes
Planning Commission Resolution of Approval
SUBMITTED BY:
Anne Heine, Lead Development Review Engineer
Vincent Harris, Manager of Development Review & Enforcement
Frank Gray, Director of Community Planning & Development
REVIEWED BY:
Joni Inman, Director Mayor and City Manager's Office
Richard J. Plastino, Director of Public Works
Michael J. Rock, City Manager
STAFF REPORT
TO: Lakewood Planning Commission
THRU: Jay N. Hutchison, City Engineer
Vince Harris, Manager of Development Review and Enforcement
FROM: Anne Heine, Lead Development Review Engineer
DATE: August 13, 2002
SUBJECT: Proposed Zoning Ordinance Amendment:
Ø OA-02-001 Amending the Flood Plain Management Ordinance, Article 14
of the Zoning Ordinance.
BACKGROUND
In order to participate in the National Flood Insurance Program, the City of Lakewood must enact and enforce a Flood Plain Management Ordinance meeting the minimum standards established by the Federal Emergency Management Agency (FEMA). If Lakewood does not participate in the program, residents in flood-prone areas would not be eligible to purchase flood insurance.
A Flood Plain Management Ordinance was adopted in 1972. The format and requirements directly followed the model ordinance prepared by FEMA. It is now necessary to amend the ordinance to continue to meet the current FEMA model ordinance.
DESCRIPTION OF THE PROPOSED AMENDMENT:
Ø OA-02-001, Article 14 Flood Plain Management Ordinance
There are several changes that have been made to this Article. To facilitate review, additions are shown with shading and deletions are shown with strikethrough in the attached draft ordinance. The changes will be codified before proceeding to City Council. The changes fall into several categories and are summarized below:
· Changes to more closely follow the current FEMA model ordinance
These changes are generally minor wording changes with respect to terms and
names.
· Change to the definition of "Manufactured Home" and the
addition of a definition for "Recreational Vehicle"
The conditional definitions for enforcement purposes and insurance purposes
have been eliminated by defining recreational vehicles separately from manufactured
homes.
· Elimination of Exhibit B
Exhibit B is the large format Official Flood Hazard Map. It cannot be attached
to the ordinance as an exhibit for publication purposes, but it will remain
part of the ordinance by reference. The map is available in the City Clerk's
office, as noted in the ordinance, and in the Public Works Department.
· Changes in Official Flood Studies and in language with respect to
studies used in enforcement
Three additional flood studies are being adopted with this amendment. These
studies were prepared in conjunction with the Urban Drainage and Flood Control
District (UDFCD) and have already been adopted by the UDFCD board. Portions
of the enforcement language have been moved to more appropriate places in the
same section
· Change for a new allowance from FEMA for below-grade crawl spaces
The current ordinance allows crawl spaces in the flood plain, but the inside
grade cannot be lower than the outside grade and all mechanical systems must
be elevated to one foot above the flood level. The revision allows the inside
grade to be two feet below the outside grade and certain mechanical units/appurtenances
can be below the flood level if properly flood proofed. The new conditions have
been added verbatim from the FEMA model ordinance.
· Change to the factors considered for a Special Use Permit (SUP) or
Variance
The FEMA model ordinance includes language for considering variances and this
has been added verbatim to the variance section. The Special Use Permit section
has been amended to include the same items. Although the factors considered
by the Board of Adjustment or the Planning Commission will be identical with
the amended ordinance, there is a difference in considering whether the SUP
or variance process is appropriate: the variance procedure would be used if
an applicant claims a hardship or alleges that staff has made an error in the
enforcement or administration of the ordinance. The SUP process is used to allow
certain uses within the floodway as listed in the ordinance. Appeal of either
decision is to the courts.
REFFERALS
The amended ordinance has been reviewed by FEMA and UDFCD. We have received a letter from FEMA indicating that the ordinance meets the minimum standards for the National Flood Insurance Program. UDFCD has indicated that the proposed changes are acceptable to the District.
SUMMARY
These proposed changes to the Zoning Ordinance are recommended by staff in order to meet the minimum standards of the National Flood Insurance Program.
NOTIFICATION
Notice of the public hearing was published in the Jefferson County Sentinel.
SUMMARY AND RECOMMENDATION
The City of Lakewood Staff recommends that the Planning Commission find that:
1. There is a need to modify the Zoning Ordinance in order to meet the minimum
standards of the National Flood Insurance Program; and
2. The City Attorney has reviewed the amendment and found that it is in compliance
with legally defensible applications of the permitted uses of the Zoning Ordinance;
and
Notice of the public hearing was made in the Jefferson County Sentinel;
AND
That the Planning Commission recommend that the City Council APPROVE the Zoning Ordinance Amendment Case No. OA-02-001 subject to:
1. Any corrections or additions that are recommended by the City Attorney are incorporated into the final version of the amendment prior to staff scheduling this case on a City Council agenda.
encl: Draft of proposed amendments to Article 14: Flood Plain Management Ordinance
LAKEWOOD PLANNING COMMISSION
PUBLIC HEARING
September 18, 2002 MINUTES
COMMISSIONERS PRESENT
Charles Choi, Chairman
Tom Quinn
Ken Lloyd
Bill Marino
Ed Peterson
Andrea Hollen
STAFF PRESENT
Vince Harris, Manager of Development Review & Enforcement
Susan Piercy, Senior Planner
Rebecca Farrar, Planner II
Elaine Rosedahl, Secretary to the Lakewood Planning Commission
____________________________________________________________________________________
The following are the minutes of the September 18, 2002 Lakewood Planning Commission
Public hearing. A permanent set of these minutes is retained in the office of
the City Clerk and a tape recording is located in the department of Community
Planning and Development, City of Lakewood.
____________________________________________________________________________________
INDEX PAGE
RZ-02-003 C.W. Drywall
1410 Brentwood Street
OA-02-001 Article 14
Zoning Ordinance (Flood Plain)
The roll having been called, Chairman Choi declared a quorum and the following
business was
conducted.
1. Rezoning Case No. RZ-02-003 Rezoning
Margaret Anderson
1410 Brentwood Street
Rezone from OF (Office) to PD (Planned Development) for a building addition
2. Ordinance Amendment Case No. OA-02-001 Ordinance Amendment
Article 14
Zoning Ordinance (Flood Plain)
Anne Heine entered into the record the staff report, the Draft Ordinance and any testimony at this hearing. She then reviewed the staff report and asked Planning Commission to approve this Ordinance Amendment Article 14, Flood Plain Ordinance.
Commissioner Quinn referenced Exhibit B, Flood hazard Map and asked if it had been revised.
Anne Heine said it had not been revised; however, it will be revised before the City Council hearing.
Commissioner Hollen referred to page 14-15 and 14-16, 17-13-14, paragraph 5, sub-paragraph (J), Special Use Permit. Commissioner Hollen wanted to know the rational behind the wording.
Anne Heine said that specific language comes from the FEMA model ordinance and the same language is in the variance section.
Commissioner Hollen asked how it will be structured?
Anne Heine that the applicant will address that in the application.
Commissioner Marino asked for more clarification and would the applicant need to provide the costs?
Anne Heine said yes.
Commissioner Peterson wanted to know if the applicant will use costs the City is comfortable with?
Anne Heine said the City does not allow the applicant to give arbitrary figures. The costs would have to be based on public cost data such as CDOT costs.
COMMISSIONER PETERSON based on the testimony as this hearing and the staff report, moved that Planning Commission recommend City Council subject to the 1 condition in the staff report approve Ordinance Amendment Case No. OA-01-001. SECOND by COMMISSIONER HOLLEN.
Motion passed by a unanimous vote 6-0.
GENERAL BUSINESS
INFORMATIONAL ITEMS
The Planning Commission then adjourned to the meeting room behind the chambers for a study session regarding the Comprehensive Plan.
ADJOURNMENT
There being no other business to come before the Lakewood Planning Commission, the public hearing of September 18, 2002 was adjourned at p.m.
Elaine Rosedahl, Secretary to
the Planning Commission
RESOLUTION OF CITY OF LAKEWOOD PLANNING COMMISSION
On September 18, 2002 the Lakewood Planning Commission reviewed Case No. OA?02?001 a Zoning Ordinance Amendment, Amending the Flood Plain Management Ordinance, Article 14 of the Zoning Ordinance.
Planning Commission recommends City Council approve Case No. OA-02-001. Motion was made by COMMISSIONER PETERSON and seconded by COMMISSIONER HOLLEN to recommend APPROVAL, which passed by a unanimous vote of 6-0. The roll having been called, the vote of the Lakewood Planning Commission was as follows:
Charles Choi Aye
Ken Lloyd Aye
Andrea Hollen Aye
Ed Peterson Aye
William Marino Aye
Tom Quinn Aye
FINDINGS OF FACT AND CONCLUSIONS
WE FIND THAT:
1. There is a need to modify the Zoning Ordinance in order to meet the minimum
standards of the National Flood Insurance Program: and
2. The City Attorney has reviewed the amendment and found that it is in compliance with legally defensible applications of the permitted uses of the Zoning Ordinance.
ACTION
NOW, THEREFORE, BE IT RESOLVED, by the Lakewood Planning Commission on the
basis of the evidence presented to it and the findings and conclusions stated
herein this 18th day of September, 2002, that Ordinance Amendment Case No. OA?02-001
is hereby recommended for APPROVAL subject to:
1. Any corrections or additions that are recommended by the City Attorney are
incorporated into the final version of the amendment prior to staff scheduling
this case on a City Council agenda.
Charles Choi, Chairman
Tom Quinn, Secretary
CERTIFICATION
I, ELAINE ROSEDAHL, Secretary to the City of Lakewood Planning Commission, do hereby certify that the foregoing is a true copy of a resolution duly adopted by the Lakewood Planning Commission at a Public Hearing held in Lakewood, Colorado, on the 18th day of September, 2002 as the same appears in the minutes of said meeting.
Elaine Rosedahl, Secretary to the
LAKEWOOD PLANNING COMMISSION
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