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Home My WebLink About4-27-2011 P&Z MINUTES r . CALDWELL PLANNING AND ZONllvG COMNIISSION MINUTES ; ��.��,� M, - F _..� _� t ,�LG�1! Apri127, 2011 I. Cal( to Order — Chairperson Scholz called the meeting to order for the public hearina at 7:02 p:m. II. Roll Call — Members Present: Ken Scholz, Ed Doty-Pomoransky, Dana Vance, David Clark and Mike Pol]ard. Disclosures and Conflicts of Interest: None Members Absent: Arvid Salisbury Staff Present: Amie Marie Skinner (Senior Planner/Development Team Leader); April Cabello (Plamiing Technician); Lee Van De Bogart (Engineering Department); Brent Orton (Public Works Director); Brian Billingsley (Planning and Zoning Director); Aaron Seable (City Attorney) Staff Absent: Robb 1VIacDonald (Assistant City Engineer) Review of Proceeding — Cliairperson Scl�olz a��nounced the procedures for the public hearing. III. Uld Business A. Approve minutes of April 12, 2011 regular meeting MOTION: Commissioner Vance SECOND: Commissioner Pollard Passed: Unanimous roll call vote. IV. New Business A. Case Number OA-141-11 a request by the City of Caldwell concerning the adoption of the �lood Damage Prevention ordinance. Testimony: 1) Anne Marie Skinner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner/Development Team Leader, presented the staff report and explained the proposed ordinance is contained within Chapter 12 of City Code and it is an entire re-write of the flood ordinance. The c�raft ordinance has been given to the Commissioners. Aaron Seable with the City Attorney's Office and Lee 1 P&� Minutes 4/27/2011 I I , Van De Bogart will both address the Commission on the specifics of the ordinance and explain the reason why the City is mandated to approve it. 2) Ms. Skinner further stated that public agencies were notified as required by state code. The meeting was noticed and published in the Idaho Press Tribune as also required by state code. Ms. Skinner finally pointed out the comprehensive plan analysis on page 2 and the recommendation on page 3 of the staff report. 3) Lee Van De Bogart, 621 Cleveland Blvd., Caldwell, ID 83605, Project Engineer stated he's worked with FEMA for the past couple of years on adopting the new FEMA maps. Last December they presented the final proposed maps that the City accepted, followed by a letter of final determination from which the City has 90 days to adopt the new ordinance and make it effective. The City of Caldwell is currently a participating community in the National Flood Insurance Program which allows Caldwell citizens to purchase National Flood Insurance. The new maps will be effective May 24, 2011 and also require an update of the flood ordinance. The last update was in 1988. The ordinance reflects new requirements for new building within flood zones. Things have changed over the last 20 years which have necessitated a re-write of the entire ordinance. If the City does not adopt the new ordinance, the insurance policies can't be sold and existing policies can't be renewed or rewritten until the ordinance is passed. Properiy ', owners are required to buy flood insurance if their property is located within l a flood zone if any portion of the property is financed with federal dollars. I Without adoption of this ordinance, such property owners would not be able to obtain insurance on new properties/structures or renew expired policies. It � doesn't affect the City that much but it will affect the citizens of the city. Additionally, there is a penalty of $50 per policy added to the cost of the policy for any delay in adoption of the ordinance. 4) Commissioner Vance questioned allowance of purchasing insurance. 5) Mr. Van De Bogart clarified this applies only to flood insurance and no other type of insurance. He further clarified that private flood insurance is available, but if the property is funded with federal dollars at all then the federal flood insurance is required and they wouldn't be able to buy this without the ordinance being adopted. 6) Commissioner Vance wondered about the new FEMA maps. 7) Mr. Van De Bogart responded that the maps were not provided for tonight's hearing and explained the City of Caldwell worked diligently with FEMA because originally all of Caldwell was "under water" in the proposed and that has since been revised. 8) Commissioner Vance asked for a general overview of the A zone which is referenced frequently. 9) Mr. Van De Bogart responded that the A zone is for the 100-year flood and zone AE is also for the 100-year flood zone but it has an established elevation contour line on the map. A zones have a formula to determine the flood elevation. Mason Creek has some A zones. Dixie Drain has some which is through the golf course and areas along Indian Creek including the trailer parks between Linden and Ustick. 10) Commissioner Vance wondered about the little waterways that weren't in any flood zones bat are on the new maps. 11) Mr. Van De Bogart responded with information that the new maps raised levels about 50% higher ttran on the original maps, but the Engineering 2 P&Z Minutes 4/27/2011 , Department was able to keep the levels below the tops of banks throughout town. 12) Ms. Skinner clarified that tonight's recommendation is a recommendation on the ordinance, not on the maps. 13) Aaron Seable, 1303 12` Avenue Road, Nampa, ID 83686, city attorney's office, explained the FEMA mapping process in which FEMA originally presented maps showing most of downtown in a new flood zone and the City Engineering Department pressed back and was able to work with FEMA to get the downtown removed from the flood zone. The maps were solidified through a federal regulatory process. The flood ordinance references the maps, but the Commission has no responsibility to recommend or adopt or do anything with respect to the maps themselves. 14) Mr. Seable further explained the origination of the draft ordinance. It began as a draft formulated between FEMA and the State of Idaho which created a model ordinance. Mr. Seable took the model ordinance and fit it into the City code eliminating such things as tsunamis and tidal areas which are not going to apply to Caldwell. City deparhnents reviewed the ordinance and provided comments. FEMA provided comments with some minor changes late last week. Two definitions were added that weren't in the model ordinance. Definition number 25 on page 26 was modified to be concise and easy to understand. There was a reference added to records pertinent to the flood ordinance being accessible to the public to the fullest extent required by federal and state law. There was also a change to buildings less than 1,000 square feet not having to meet the flood plain regulations. That should have been 200 square feet and it's been changed in the draft presented to the Commission tonight. 15) Commissioner Vance wondered about Section 12-15-13 on page 24 ' regarding the word "altered" as appearing for the first time when throughout the rest of the ordinance it's referred to as "substantial improvements". She questioned whether or not this was adding a more severe restriction at the end of the ordinance that wasn't reflected throughout the remainder of the ordinance. 16) Ms. Skinner directed Mr. Seable to those portions of the ordinance that reference "substantial improvement" and pointed out that "substantial improvement" is included in the defined terms whereas "altered" is not. 17) There was discussion amongst Mr. Seable, Ms. Skinner, the Commissioners and Brent Orton regarding these terms. 18) Mr. Seable suggested to the Commission that they add to Section 12-15-13 the words "substantially improved" prior to "or altered" as part of their motion to recommend approval. He will consult with FEMA on this addition and recommend to Council to adopt the ordinance with that addition. 19) Commissioner Vance motioned to close public testimony which was seconded by Commissioner Clark and passed unanimously. MOTION T� CLOSE TESTIMONY: Commissioner Vance SECOND: Commissioner Clark Passed: U�ianimous roll call vote. Evidence List for Case No. OA-141-11 - Consisted of the case file, tl.ie written and verbal staff reports, the proposed ordinance and the sign-up sheets. IVIOTION: Commissioner Vance SECONll: Commissioner poty-Pomoransky Passed: Unanimous rol( call vote. 3 P&Z Minutes 4/27/2011 n � Comprehensive Plan Analysis on Case No. OA-141-11— MOTI�N: Commissioner poty- Pomoransky SECOND: Commissioner Cl.ark Passed: Unanimous rol] call vote. Recommendation on Case No. OA-1.41-11 — MOTION: Commissioner Clark SECOND: Commissioner poty-Pomoransky. The Commission voted ui�animously to Recommend Approval with the following addition: � Ou Page 24 under Section 12-15-13, add tlie words "substantially improved" right before "altered" ta read as follows: No structure or land shall lyerea.fter be located, extended, converted, substantiallv improved or altered...... VI. Planning Issues — A. The Commissioners were reminded of the Joint Workshop with City Council to be held on Monday, May 2, 2011 at 6:00 p.m. and the next regularly scheduled Plaiming and Zoning Commission hearing on June 14, 201 l. VII. Adjournment ' Adjourn public hearing MOTION: Chairperson Scholz SECOND: Commissioner Clark I Passed: Unanimous roll call vote. The meeting was adjourned at approximately 7:32 p.m. MINUTES f1PPROVED AND SIGNED BY CHAIRPERSON KEN SC}�OLZ ON THE DATE NOTED BE . _ 3 /� Ken Scholz Dat ATTEST: Anne M i Skinner, S� r Planne ev. eam Leader 4 P&2 Minutes 4/27/2011