COM 0081.000 2016-2018 - Laserfiche WebLink

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Valerie T. Poindexter, Council Chair and Members of the County Council Page 3 A floodway runs from south to north through the eastern (makai) portion of the property. The floodway and floodway fringe has been identified as Flood Zone AE by FEMA, which is a Special Flood Hazard Area subject to inundation by the 100-year flood where base flood elevations have been determined. The applicant has indicated that fill material will need to be placed on the property in order to create level buildable areas, which may require altering or relocating the Special Flood Hazard Area. When a developer alters (i.e. by placing fill) or relocates a Special Flood Hazard Area so that the base flood elevation changes, a Conditional Letter of Map Revision (CLOMR) and Letter of Map Revision (LOMR) must be obtained through DPW from FEMA. Generally, the first step in the CLOMR/LOMR process is for the developer to submit flood engineering data and maps to FEMA indicating the location and extent of alteration/relocation of the Special Flood Hazard Area and how the base flood elevation will be affected. If FEMA agrees with the data and maps, a CLOMR is issued and the developer can begin on-site work within the Special Flood Hazard Area, such as placing fill material. Upon completion of the on-site work, the developer submits updated flood engineering data and maps showing how the alteration/relocation affected the base flood elevation. If FEMA agrees with this data and maps, a LOMR is issued which effectively revises the FEMA Flood Insurance Rate Map (FIRM). The applicant requests to amend Condition G to secure a CLOMR from FEMA prior to final subdivision approval rather than a LOMR. The applicant will need to secure Final Subdivision Approval from the Planning Department to consolidate and re- subdivide the property prior to constructing the proposed development so that the facility does not straddle current property lines. The Planning Department agrees that both the assisted living facility and drainage improvements could be completed at the same time for the sake of better site design, cost reduction and efficiency. However, the Planning Department believes it would be prudent to have assurance that the drainage improvements will be completed and the LOMR is secured from FEMA prior to occupancy of the facility. Therefore, the Director recommends that Condition G be amended to allow the applicant to secure Final Subdivision Approval by providing a surety bond for the drainage improvements. This would allow the parcel consolidation and re-subdivision to be finalized so the applicant can proceed with construction of both the facility and drainage improvements, while still assuring that the facility will not be occupied until the LOMR, which approves the drainage improvements, has been secured from FEMA. This would also allow construction of the proposed commercial development which is situated away from the drainage way and could be occupied prior to receipt of a LOMR if access to the commercial development can be provided.