To: Board of County Commissioners
Through: Bryan Weimer, Director, Public Works and Development
Prepared By:
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Sue Liu, P.E., Engineering Services, Public Works and Development
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presenter
Presenter: Sue Liu, P.E., Engineering Services, Public Works and Development
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Subject:
title
LDC23-006 Amendment to Floodplain Management Regulations, Land Development Code
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Purpose and Request:
recommended action
The Engineering Services Division is proposing an amendment to the Arapahoe County Land Development Code to adopt and incorporate into the Code a new Flood Insurance Study (FIS), dated April 11, 2024, with the accompanying Flood Insurance Rate Maps (FIRM), as produced by the Federal Emergency Management Agency (FEMA). The purpose of this hearing is to seek Board of County Commissioners (Board) approval of the amendment to Floodplain Management Regulations in the Land Development Code to update to the new Map and Study, as discussed in further detail below.
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Background and Discussion: The County has been a participating community of the National Flood Insurance Program (NFIP) since August 15, 1977. The NFIP is a Federal program enabling property owners in participating communities to purchase flood insurance as a protection against flood losses in exchange for State and community floodplain management regulations that reduce future flood damages. This program also allows property owners to be eligible for certain federal disaster assistance and loans.
As a participating community in the NFIP, the County is responsible for making sure the County’s Floodplain Management regulations meet or exceed the minimum requirements of the NFIP. FEMA, by law, cannot offer flood insurance in communities that do not have regulations that meet or exceed the minimum requirements.
The physical map revision (PMR) this time is for Big Dry Creek major drainageways.
The map update process began when FEMA presented preliminary revised FIS and FIRM to the County for community review on February 28, 2020. ESD staff and the Southeast Metro Stormwater Authority (SEMSWA) performed a detailed review on the revisions to the Arapahoe County flood maps for Unincorporated Arapahoe County. For this PMR, the only change is that a small portion of the West Belleview Avenue right-of-way is removed from the 100-year floodplain of the Big Dry Creek drainageway.
Although property within the unincorporated territory of the County is not specifically affected by the updated flood hazard information for the Big Dry Creek, the territory in incorporated jurisdictions within the County are affected as presented in the revised preliminary FIRM and FIS report for the four revised map panels (08005C0144L, 08005C0163L, 08005C0432N, and 08005C0451M) for the Big Dry Creek. As a result, it is necessary for the County to update its map references in the Land Development Code to the most current maps.
The process required FEMA to provide public notice and a 90-day appeal period to property owners affected by the new mapping. FEMA published a notice of the flood hazard determinations in the Federal Register and a public notice on the appeal process. FEMA did not receive any appeals of the proposed base flood elevations during that time. The revised FIS and FIRM were completed and finalized. On October 11, 2023, FEMA issued the Letter of Final Determination (LFD) providing notice of final flood elevations to the County, and initiating the six-month compliance period. The County is required to update the regulations during the compliance period. The new study and maps will become effective on April 11, 2024.
The Planning Commission held a public hearing regarding this application on January 16, 2024 and voted 6-0 (one absent and excused) to recommend approval of the application.
Fiscal Impact: There is no direct fiscal impact to the County as a result of this application.
Alternatives: The Board of County Commissioners has three alternatives:
1. Approve the Amendments with the stipulation as recommended by staff;
2. Continue to a date certain for more information;
3. Deny the Amendment. This would impact the County score for the Community Rating System and the residents’ ability to receive the discounted flood insurance.
Alignment with Strategic Plan:
☐Be fiscally sustainable
☒Provide essential and mandated service
☒Be community focused
Staff Recommendation: Staff recommends approval of this Amendment with the following stipulation:
1. Staff may make, with approval of the County Attorney, minor modifications to the text to correct errors or as may be required to incorporate the Amendment into the Land Development Code format.
Concurrence: This amendment change was reviewed by the County Attorney office and Planning Commission. The Planning Commission voted 6-0 (one absent and excused) to recommend approval of this Amendment to the Board of County Commissioners, on January 16, 2024.
Resolution: A draft resolution is attached to this report.