Cassie Tripard, Planning Supervisor with Community Planning, Development, and Innovation (CPDI) did a presentation on Ordinance Amendment Title 18 Floodplain Hazard Management Regulation. Ms. Tripard introduced a proposed ordinance to amend Title 18, the city's Floodplain Hazard Management regulations, emphasizing that the city's participation in the National Flood Insurance program mandated compliance with federal floodplain development regulations as well as Montana State law, which held higher standards. Notifications from the Montana Department of Natural Resources and Conservation (DNRC) and the Federal Emergency Management Agency (FEMA) triggered updates to local regulations. The City Council faced a tight timeline due to a new flood insurance study. Four types of amendments were proposed, including updates to Appendix A, language revisions required by DNRC, and aligning Title 18 with state model regulations. Additionally, the presentation highlighted the need to update Appendix A to reference the new flood insurance study firm index numbers and the Butler Creek Letter of Map revision. DNRC's updated model regulations required changes to definitions, floodplain administrator designation, and various sections to align with state and federal laws. Overall, the proposed ordinance aimed to ensure compliance and clarity in floodplain management regulations for the city of Missoula. This item was approved in the city council meeting on October 2, 2023, and has came back to the Land Use and Planning Committee (LUP ) meeting for a pre-public hearing.
John Contos jointed the meeting at 10:33 a.m.
A committee member asked for clarification if the proposed ordinance regarding historic structures in the floodplain change property rights or merely acknowledge the historic status of buildings without affecting property rights. Ms. Tripard clarified that the regulations already addressed historic structures, allowing them to be considered in variances and for substantial improvements. The proposed changes aim to clarify and define these existing provisions without harming the historic designation.
Elizabeth Johnson, Historic Preservation Officer for CPDI, agreed and added that the purpose is to provide additional protection. It will not affect or take away property rights in any way. The proposed definition for historic structures aligns with federal and state standards and is meant to provide additional protections for historic property owners without inherently restricting their private property rights. Listing a property on the National Register does not impose restrictions; it's up to local municipalities to create such protections or processes.
Public comment, Ellie Boldman, expressed concern that the proposed interim zoning ordinance, which aimed to implement 2023 land use policy legislation, was moving too quickly, and lacked sufficient public engagement and stakeholder involvement. They urged the council to slow down the process to ensure proper consideration and community buy-in.
Public comment, Jamie Erbacher, comment pertained to the definition of substantial improvement, specifically regarding the inclusion of language related to historic structures. They wanted to ensure that improvements to historic structures in a designated floodplain would not count towards 50% of the market value threshold for substantial improvement.
Public comment, David Gray, expressed concern about the accuracy of Elizabeth's statement regarding historic districts during a historic preservation meeting. He cited an example of a property owner needing approval to replace a garage for a contributing building in a historic district. David expressed worry about the definition being added to Title 18, as it could potentially restrict property owners' rights to develop or maintain their property if it is considered historic without their consent, which he found concerning.
Elizabeth Johnson provided information on the concern and added listing a property in the National Register of Historic Places does not, by itself, impose restrictions on property owners; additional restrictions and processes related to historic districts are determined by local ordinances. Cassie Tripard, explained how the floodplain regulations related to the definition of substantial improvement and how it specifically exempted alterations to structures listed on the historic register or inventory at places. They also mentioned that the regulations already contained provisions for variances related to historic structures, providing flexibility rather than restrictions, and the new definition aligns with the federal definition previously used.
This item has been scheduled for a public hearing before City Council on October 16, 2023.