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- -- - 8 Fort Collin~ Coloradoan - - August 1976 Flood'plain zoning: Are there places people can't live? By JEANETI'E CHAVEZ OfllleWoradoon Prior to the Blg 'Thompson River flood, the mention of floodplain studies or zoning in Lartmer Cowlty evoked groans and often con- troversy over the possible con- flscaUon of property rights. And although the controversy surely still exists to some extent, the July 31 dJsaster has given impetus to completing studies that had been on the back burner so that some wning can be done. In fact, a temporary floodway district Ulne has been ln1t1aled from Estes Park east to the county Une and will be in effect for the next six months. What specitic land uses may be allowed for various sections of the canyon in the future will be based on those intensified studies which should be completed before the temporary zoning expires In Febrnaty. The zoning setting those land uses undoubtedly will be more restrictive than in the past. Very little could be done then because most of the homes and businesses in the canyon were built prior to the county's im. plementation of a zoning system. Now theN! Is the posslbUlty of more legal restrlcUon on what may be bullt there, but the situation facing the Larimer County Board of Comm1ssloners In the months to come should not be likened to starting with a clean slate upon which only the most advanced and sound planning techrtlques may be applied. What may seem "best" for the canyon and Jts residents may not jibew1threallty. AMONG 111E Issues facing the county officials are: -What rebuilding or new bullding should be allowed? -Will U.S. 34 be put back in the canyon in essentially the same way it was prlor to the flood? (Gov. Richard Lamm has lndicated a temporary road should be com. pleted along that route by June 1, 1977, but he wants the permanent road to go over Pole Hill. ) -What land should be acquired for a park or other pUblic use to preclude development of residences or businesses In the area? ' -What land can be acquired? Some property owners do not want to sell their land i others are willing to almost give U away; others can't find their land because the survey describes the property using the middle of the river as a reference point. TIle river has changed channeIs though. UnW the floodplain studies are completed, many of these questions may remain unanswered. However, two factors are c1f!ar now. F1rst, the decision on the road will be made within the next six months, and although the commissioners will be able to recommend what route should be followed, the final decision rests squarely with the state. According to Rex Bums, the Larimer County planning staff member who has been working on the floodplain Identification effort In the past few years, all the other land use decisions pertalning to the canyon are dependent upon the decision on U.S. 34. Secondly, some landowners must be allowed to repair their homes. Bums said those homes that are less than half damaged may be repaired and bullding permits are being issued now for such work. '!bus far, two permits have been issued. Burns noted that tounty regulations require a pennlt tor any building work valued at more than $100. In the case of flood.damaged . homes, an inspector will have to check the home to determine the extent of damage before the pennit maybelssued. WHEN THE temporary flood zone regulation tor the disaster area was first considered, the term "moratorium" was used, implytng that no buIlding at all would be allowed in the area for six months, but that Is a misnomer. The regulation, according to Bums, applies to those homes that were damaged more than l'iO per cent or destroyed in the flood. It also applies to proposed new homes in the temporary f100dway district which the commissioners have defined as anything within the high water flood mark. Burns said he has had one inquiry concerning building a home on a previously undeveloped lot that Is within Ole temporary fioodway zone. Those homes that cannot be repaired or rebuilt until the com. m.lssionera adopt a pennanent flood zone are legally termed "non- existent" uses since they don't exist now, even though they did prior to the flood, Bums said. The homes which may be repaired after ob- ta1n1ng a building permit now will be considered "non-conforming uses" when the new zone is adopted. The pennanent zoning will not neeessar1.ly prohibit rebuilding on a site, but It may, depending upon ""hat the boundaries of the two areas within any zone are. Those two arE'aB are kno.....ll as "floodway" and "flood fringe." Burns noted that construction usually is precluded in a floodway d1strtct, but in other cases has been allowed in the flood fringe If the bullding is constructed so the first floor is above the lOO-year flood level. If there is anything below that level, ltmust be "flood-proofed." A 100-year flood Is one with the disastrous effects expected to occur only once v.1thin 100 years. . However, the l()()..year level may not be the appropriate flood level for the BlgThompaon River. That is one of the things the floodplain studies now being conducted may help determine. Bums said floodplain study technIques were developed in the east and sometimes are not ap- propriate for the steep canyons of the Rocky Mountains. Ironically, the Federal Insurance Administration {FlA) had con. tracted with Gingery and Associates of Englewood on June 22, 1976, to do a hydrological study of the river just 90lIth of Loveland and west to the mouth of the canyon. Now that study will be extended through the canyon. In addition, Burns said another f1rm will be hired through the bid. ding process to do photogrammetric survey mapping of the river. Bums said a third flrm, Wrlght- McLaughlin Engineers of Denver, is on a retainer through the governor's office to coordInate the hydrological and mapping studies. 'lllose two studies will be com- bined into a "flood management study." The governor has suggested Wright.McLaughiin do that also, Bums said. The study will focus on what land uses are desirable for various areas of the canyon. It must consider past land use patterns and ownership patterns as well, Bums noted. The recovery panel which Is to be named by the governor and the commissioners will oversee development of the flood management plan, Bums said. The estimated $110,000 cost of the studies Is to be borne by a multiplicity of federal and state grants. Bums said about 70 per cent of the funding will be provided by the FlA, with the remainder coming from the Colorado Water Con- servation Board, Larimer County - ..'""..'" 40- - ) Path of destruction This aeriol photo shows the path of the Big Thompson River during the flood July 31. The river tore great chunks out of U.S. 34. lAP) (through a technical assistance grant from the Four Corners Regional Commission), and possibly the state highway department. The maps produced through that study will show both the traditional l00.year flood antlcipated level and the flood of record level. The flood of record is the most disastrous flood knoWn, and In this case Is the July 31 cataclysm. TIlE OOUNTY commissioners will have at least two alternatives to consider based upon those maps and the management study. Fint, the entire pennanent zone could be the flood of record with the floodway being the tOO-year flood level. Secondly, the l~year level could be the zone with the floodway being Ole mid.section of that. Burns said it Is conceivable that the enUre canyon could be designated a f100dway. Also based UJXln the results of those studies, actuarial rates for flood insUrance for buildings withln the flood plain will be established, according to Jerome Olson, regional admlnistrator of the~. ' UnW those actuartal tablet are establlshed, Olson said anyone in the county can buy fede9illy- , subsidized flOOd Insurance whether they are in an identllled flood area or not. The rate is .$25 per $10,000 worth of coverage per year until then, he said. Previously existing structures (which become non-conforming uses in zoning) are always eligible for subsidized Insurance, he added. FeQerally.subsldized insurance has been available in the CQWlty since 1974. One property owner 1n the path of Ole Big Thompson fiood carried the Insurance. For a premium of $43, he has received $8,000 for repalrlng damage to his houSe, Burns said. The Insurance Is available through licensed property insurance agents or brokers. When the actuarial rates are establlshed, anyone attempting to bulld In the floodplain will find the costs prohibitive unless the buDding is constructed to be above the 100. year f1oo9 level. It will be proh1bitive In that banks will not be allowed to lend money for con- stroction unless flood insurance can be obtained. IF CONSTRUCTION isn't possible, what will property O'W1'lf!rs do with their land? What w1l1 Its value be? There are a number of alter- natives. It has been suggested that the county do something similar to what Rapid City, S.D., did after the flood there in 1972. TIle tovm bought much of the flood area thai had been devastated and turned it into a park. The commissioners are con- sidering how that may be ac- complishednow. Commission Chairman John Michie said, "We are looking at any money possible for acqulrlng (the land) for recreation and open space." He is concerned that land be bought to keep the economy in the area bolstered rather than having the bottom of the market fall out. Commissioner William Lopez tends to agree, expla1n1ng that if the COWlty is planning to acquire land, it should look at pre-flood land values. On the other hand, Gov. l.amm has Indicated that the state may buy BOrne land at post.f100d prices. The "big question mark" is whether there are enough funds available for acquisition, said Commissioner Warren Wolaver. If there is, a lot of land should be purchased. he suggested, adding, "I don't think anyone can ~e v.1th that." Burns, asked how he felt having worked on floodplain regulations, ZOll1ng and flood studies for the past few years to see the flood actually happen and verity what seemed to be "cry.wolf" warnings, replied: "It maltes me kind of sad. I can understand how people feel (that) Its a freak event...At the same time, the publ1c has to pay for these things. The principle that government steps In doing things for us ls not traditional" in America but It is becoming so. he said. And In the case of floodpla.1n8, "planners have the right Ideas," he explained-there are plac@8 people shouldn't live. BUr WHAT ABOtrr the existing buildings and the persons who want to continue to I1ve there even if they are In the path of another flOOd? wpez believes there are places the county should acquire for the future safety of the public and for future flood control. If a person wants to stay, "we have to try to make them aware of the negative aspects," and "to show them how it impinges on his neighbors." Nevertheless, he N!cognius that if the pome or business sUll is in existence, the county may be "stuck." Regulafions enforced for temporary zoning Although the boundaries of the floodway and flood fringe districts sWl must be establlshed, the general regulations covering floodplains already have been adopted by the county and are In force for the temporary zone in the canyort' Under those regulations, the only uses pennJtted in the floodway district without a special permit are agriculture, recreaUon and "residential accessory" uses. Conditions accompanying use without a permit are that it not obstruct the flow of the floodway nor will any structure or equipment be pennJtted. Special pennJts are Issued on several conditions Included that ."no structure, deposit, obstroction or other use shall be allowed which acting alone or in combination with eJdstlng or future uses adverseiy affects the flow capacity of the floodway or Increases flood heights." Among the factors to be con- sidered by the commissioners in issuing special permlts are: - Danger to life. -Danger of mater1aIs being swept away to other land, thus creating the possibility of inJuringcthers. -Proposed water supplyand sewer systems and possible conaminatlon in the event of a flood. -Relationship of the ,roposal to the flood management JI'Ogranl for thellN'3. _ The safety of acress to the property In Urnes of 0004.." . . -