PLANNING COMMISSION REPORT

Regular Agenda -- Public Hearing  Item

ITEM NO. 8A      TEXT AMENDMENT FOR FLOODPLAIN OVERLAY DISTRICT MAPS (AAM)

TA-15-00253: Consider a Text Amendment to the Land Development Code, Chapter 20, Article 12 of the Code of The City of Lawrence, KS to reference 2015 effective dates for new Floodplain Overlay District Maps and related regulation changes. Initiated by Planning Commission on 6/22/15.

RECOMMENDATION:  Staff recommends approval of the revised text for Article 12 and forwarding of the proposed text amendments to Chapter 20, Article 12 to the City Commission for approval and adoption.

Reason for Request:

The Planning Commission initiated this amendment on June 22, 2015 as a result of the Risk Mapping, Assessment and Planning (Risk MAP) program undertaken by the Federal Emergency Management Administration (FEMA) by which new floodplain maps will be produced for Douglas County. The effective date for those maps needs to be reflected in the Development Code in order to comply with the State of Kansas model floodplain ordinance.  In undertaking a review of the floodplain ordinance, staff has identified other changes that are necessary to avoid the issuance of multiple variances, and to comply with the National Flood Insurance Program (NFIP) requirements.

RELEVANT GOLDEN FACTOR:

·     Conformance with the Comprehensive Land Use Plan is the relevant factor that applies to this request.  Adoption of new regulatory tools, one of which is zoning regulations, is an implementation step in Chapter 17 of Horizon 2020, the City/County Comprehensive Land Use Plan.

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

·     No written comments received to date.

·     Staff has conferred with State Division of Water Resources floodplain program administrators regarding the proposed changes and is awaiting final approval on the ordinance changes from NFIP.

OVERVIEW OF PROPOSED AMENDMENT

The Federal Emergency Management Agency (FEMA) recently completed a re-evaluation of flood hazards for certain streams in Douglas County through the Risk Mapping, Assessment and Planning (Risk MAP) program. Staff has received the preliminary maps and has reviewed them. As part of the issuance of new Flood Insurance Rate Maps (FIRMs), staff has placed the new maps on the website for the public to view (http://www.lawrenceks.org/city_maps), and will be conducting outreach activities within the community to raise awareness about the new flood hazard maps.

FEMA requires each community to amend their floodplain regulations to include the new effective date of the FIRM maps, which will be September 2, 2015.  Sections 1201(a)(3)(i), 20-1201(b)(1), and 20-1201(c)(1) need to be changed to reflect the new effective date.

In addition, staff has identified that regulations related to fill in the floodplain need to be amended. Sections 20-1204 (e)(1)(i) and 20-1204 (e)(2)(ii) currently state that no fill can be placed in the setback areas, and for residential lots, regulate maximum slope of the fill and regulate in further detail the placement of that fill. The fill standards were originally recommended by the Stormwater Engineer in 2001 to address placement of large amounts of fill over entire lots in already developed areas. Over the past few years, staff has identified that this regulation is not feasible for some development, primarily new developments, where filling of an entire site across lot lines before development begins is in the best interest of the community and creates a better overall grading plan.  Staff has processed six (6) variances through the Board of Zoning Appeals (BZA) in the last five years related to these code sections and in all cases staff recommended approval of the variances and the BZA approved those variances. This regulation is part of our local ordinance and is not a requirement of the State of Kansas or the NFIP. Therefore, staff is recommending a change to these sections whereby the project can either comply with the existing standards related to fill, or have a grading plan approved by the Stormwater Engineer. In processing the variances in the last few years, staff has relied on the expertise of the Stormwater Engineer to approve grading plans that deviate from the regulations.

Staff has also identified a change related to the threshold for when a project is required to comply with the floodplain regulations. Currently, the code requires compliance with the floodplain regulations when a project involves new construction or is a substantial improvement. Substantial Improvement is defined as “means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before start of construction of the improvement.” Staff is recommending that this section of the code be amending to also include Cumulative Improvement, defined as “any reconstruction, rehabilitation, addition, or other improvement  of a structure, the cost of which exceeds fifty-percent  (50%) of the of the market value of the structure over the course of the last five calendar years.” The idea behind substantial and cumulative improvement is if a property owner is improving a property, then a threshold should be established for when a portion of the financial commitment for those improvements should go towards decreasing the flood risk to the property, which will in turn reduce flood insurance costs and the potential payout should there be flood damage. Staff has identified that a loophole exists in the current code, whereby a property owner can apply for multiple permits over time, in order to improve a property without triggering substantial improvement, which currently only applies to each building permit. Cumulative improvement would track those improvements for five years. In addition to closing the loophole, the addition of cumulative improvement is considered a higher regulatory standard. Adoption of this standard improves the overall rating in the city’s participation in the Community Rating System (CRS) program, which allows property owners to receive a discount on their flood insurance premiums.

Staff has also made some very minor modifications that have been recommended by DWR in order to further comply with NFIP regulations. These changes are not substantive in nature, but are mostly alternate wording choices or duplication of regulations that existed elsewhere in the floodplain regulations. In summary, language was added to further clarify that HVAC and mechanical equipment needs to be elevated; language was added to the purpose statement to clarify that development should be reasonably safe from flooding; language was added to the purpose statement to clarify that the carrying capacity should not be altered for watercourse modifications; three definitions were added (floodplain variance, expansion to an existing mobile home park or subdivision, and new mobile home park or subdivision); added a standard related to un-numbered A zones stating that until a floodway is designated no encroachments may increase the base flood more than one foot; and language was added to reference two Kansas Statutes as required by DWR and NFIP.

A full copy of Article 12, listing the proposed changes is attached to this staff report.  Text to be deleted is shown with strikeout and proposed text is shown in underlined font.

The following is a summary listing of the proposed changes:

1)    FIRM effective date changed to September 2, 2015.

2)    Addition of an alternative to compliance with fill standards with a grading plan approved by the Stormwater Engineer.

3)    Addition of Cumulative Improvement to threshold for compliance with elevation, floodproofing, and impervious surface coverage regulations.

4)    Minor modifications to comply with NFIP and DWR regulations.

Prior to adoption, this proposed language will need to be officially reviewed by the Kansas Department of Agriculture, Division of Water Resources (DWR) to ensure compliance with the City’s participation in the National Flood Insurance Program (NFIP), including alignment with the current State Model Floodplain Ordinance. Staff has sent the proposed ordinance to DWR and it is currently under review.

Staff has also identified a change for future consideration regarding the location of critical facilities in the floodplain. Critical facilities are facilities that store or use hazardous materials; housing units likely to have occupants that cannot readily evacuate; public safety facilities that are needed in the event of a flood disaster; and utility and public works operations. Examples include, but are not limited to police stations, fire stations, hospitals and public works operation sites. In recent years, a federal executive order was issued that does not allow the use of federal money to repair or develop critical facilities in the 100-year or 500-year floodplain. Staff is still researching this potential change and therefore is not including it in this text amendment.

CRITERIA FOR REVIEW & DECISION-MAKING

Section 20-1302(f) provides review and decision-making criteria on proposed text amendments.  It states that review bodies shall consider at least the following factors:

1)       Whether the proposed text amendment corrects an error or inconsistency in the Development Code or meets the challenge of a changing condition.

Staff Response: The proposed amendment addresses a change to reflect the issuance of new Federal Insurance Rate Maps by FEMA for Douglas County; a change to add cumulative improvement to close a loophole that exists; a change to address fill standards that have not been practical; and minor changes to comply with DWR and NFIP standards. These changes correct inconsistencies and address changing conditions as outlined above.

2)       Whether the proposed text amendment is consistent with the Comprehensive Plan and the stated purpose of this Development Code (Sec. 20-104).

Staff Response: The comprehensive plan does not specifically address the amendment.  The amendment helps to carry out the plan’s goal of using zoning standards to create compatible neighborhoods and efficient development processes.