HomeMy WebLinkAbout991080.tiff ST. `RAIN CONCERNED CITIZENS
7050 Loma Linda Ct.,Longmont CO 80504 303 833 2992
May 13, 1999
Monica Daniels Mika, Director
Weld County Planning Services
1400 N. 17th Avenue
Greeley CO 80632
Subject: Projected revisions to Zoning Ordinance.
Dear Ms Daniels Mika:
Thank you for sending us a draft of the changes proposed for the above ordinance. As
many of us live in an area of special flood hazard, we are desirous that the County will
protect us from development that will aggravate the potential flooding hazards in the area.
With so much land available for development outside these flood prone lands, it seems
unwise for the County to permit development in these lands, even with restrictions, that
might be a danger to these developments and others in an area prone to flooding.
We have the following specific comments on the flooding related sections of the
ordinance:
1. We find no reference in the ordinance to Federal Title 44, Chapter I, Part 65, Section
65.3 "Requirements to submit new technical data" which requires a community [the
County] to notify and submit technical and scientific data relating to changes to potential
flooding conditions. We have found no evidence that this requirement has been complied
with and suggest that it be included in the proposed changes to the ordinance. The Home
Rule Charter may have the effect of permitting variances from requirements of state
statutes and regulations, but not federal.
2. We find no reference to Section 65.12 which requires application to the FEMA
administrator for approval of encroachments on the flood plain. We find no evidence of
compliance with this requirement.
3. Planning Service employees were not able to find "Flood Hazard Overlay District
Development Permits" or "Official Weld County Flood Hazard Overlay District Zoning
Maps" [referred to in 53.4.1 and 53.4.2] during a recent visit. We would appreciate
receiving copies of these documents [pertaining to the St. Vrain-Boulder Creek drainages
in the case of the maps . Mention is made of a September 22, 1999 revision, but the
September 27, 1991 edition would be adequate!].
4. Under definitions: VIOLATION. We have found no evidence of enforcement of this
requirement.
5. Under definitions: REMEDY A VIOLATION. Add the word "Federal" to "State or
local FLOOD PLAIN management regulations,"
Relating to the items where we have found no evidence of compliance or enforcement,
obviously, we have not been able to research all relevant cases. It would be reassuring if
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you could provide us with examples of cases where these requirements have been
satisfied.
We hope that these comments will be constructive in the review process of the Zoning
Ordinance.
Very truly yours,
St Vrain Concerned Citizens
John S. Folsom
PC: BOCC
flood.doc
ST. VRAIN CONCERNED CITIZENS
7050 Loma Linda Ct.,Longmont CO 80504 303 833 2992
April; 18, 1999
Monica Daniels Mika, Director
Weld County Dept. of Planning Services
1400 N. 17th Avenue
Greeley CO 80631
Subject: Flood protection in MUD area
Dear Ms Daniels Mika:
In light of past approvals, applications in process and those proposed, it might be well to
review the requirements and permits directed by FEMA, CRS and the Weld County
Zoning Ordinance relating to development in a floodway or floodplain, specifically that of
the St Vrain and Boulder Creek drainages.
1. Code of Federal Regulations citation: Title 44, Chapter I, Part 65, section 65.3 requires
that in the case of a physical change affecting flooding conditions,"....a community shall
notify the Administrator of the changes by submitting technical or scientific data....".
2. 44CFR65.12 requires that "..the community shall apply to the Administrator for
conditional approval of such action prior to permitting the encroachments to occur...".
3. 44CFR65.7[b] requires that 'When a floodway revision is requested in association with
a change in base flood elevations, the data requirements of sec. 65.6 shall also be
applicable." [italics for emphasis].
4. 44CFR65.5[a] states "_it may be feasible to elevate areas with earth fill... Scientific and
technical information to support a request...shall include the following...."
5. 44CFR60.3[c][10] states "Require until a regulatory floodway is designated, that
no new construction, substantial improvements, or other development [including
fill] shall be permitted within zones Al-MI and AE on the community's FIRM "
6. 44CFR60 3[d][3] states in part: "Prohibit encroachment, including fill, new
construction, substantial improvements, and other development within the adopted
floodway unless it has been demonstrated through hydrologic and hydraulic
analysis wou}.d not result in any increase in flood :levels...".
The Weld County Zoning Ordinance section 53.4.1 states; "The FW[Floodway} District is
shown on the Official Weld County Flood Hazard Overlay District Maps. These maps
were developed using the Flood Insurance Study for Weld County...". Neither of these
can be found in Planning Services map file for the St. Vrain-Boulder Creek areas in
the MUD district.
53.4.4.2: The Flood Insurance maps [FIRM] for the subject area do not designate zones
AO through A30 which show a determination of flood hazard factors.
53.6.1.2: requires any building permit, mobile home permit or alteration or relocation of a
watercourse in a Floodway District obtain a Flood Hazard Overlay District Development
Permit.
CRS24-65-105 requires the Colorado Land Use Commission in cooperation with local
governments to identify floodways, report on land uses and construction within floodways
and establish a land use planning program as being an area and activity of state interest. A
referral to this commission might well be made for any development applied for in the
floodplain.
Because of the significant dangers to life and property to the residents of the area, we wish
to have it confirmed that the above requirements have been met and approvals been
obtained in processing past development and will be observed in those in the future. It
would seem impossible to comply with the requirements of FEMA and The Zoning
ordinance, given that the required map and specification information necessary apparently
doesn't exist [ see letter bold portions of the letter].
We would appreciate a response providing reassurance that proper procedures are being
followed so that dangers to life and property are at least being reduced by development in
the flood plain.
St. Vraintoncerned Citizens
John S. Folsom
PC: BOCC
flodplanl.doc
1.D C�
7050 Loma Linda Ct.
• :4 n Longmont CO 80504
303 833 2992
CLEFT. May 1, 1999
Weld Board of County Commissioners TO 7 :` ` f'.`
P O Box 758
Greeley CO 80632
Subject: Building in the floodplain
We note that Weld government has permitted properties to be developed with
construction of permanent structures in the 100 year flood plain. Additionally, there are
currently several projects in various stages of the approval process proposing the same.
As stated in previous letters [1/14/99,1/20/99], we consider this, of itself, to be a
questionable practice because of the inherent dangers to the health, safety and welfare of
those in the flood plain and those adjacent to the flood plain affected by changes resulting
from developments in it.
We bring to your attention one aspect of the processing of applications for development in
the flood plain area of the MUD district that Weld government might consider changing to
afford some minimal protection to those in or adjacent to the flood plain. Specifically,
determination of whether the applicant's property is in the flood plain should be
determined by the Zoning Ordinance and not by applicant's assertions. As an example, in
the case of Western Dairymen's COOP site plan indicates a very narrow flood plain along
Idaho Creek. This apparently is based on the applicants assertion that the FEMA flood
plain study is "without benefit of specific drainage investigation and studies of the area".
The applicant then refers to information obtained from the Colorado Water Conservation
Board office. The MUD maps 2.1, 2.4 and the FEMA map080266 0850 C show the flood
plain covering much more of the property.
Based on County standards, the applicant should be confirmed as having advised FEMA
of the changes being made to flood plain topography so that the flood plain maps used by
the insurance industry could be made to reflect current conditions.
Very_truly yours,
AGE c'
John S. Folsom
PC: Monica Daniels Mika
floodpan.doc
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