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HomeMy WebLinkAboutITEM III-ACOQ D RA F T PLANNING & COMMUNITY DEVELOPMENT COMMITTEE * ~HIG~"OI AND PUBLIC WORKS COMMITTEE FEBRUARY 3, 2010 SPECIAL MEETING MINUTES I. CALL TO ORDER Co-Chair Rich Wagner called the meeting to order at 6:07 p.m. in the Council Chambers located on the first floor of Auburn City Hall, 25 West Main Street, Auburn, WA. Committee members present were: Planning and Community Development Chair Lynn Norman, Public Works Chair Rich Wagner, Public Works Vice-Chair Sue Singer, and Member Bill Peloza. Staff members present included: Mayor Pete Lewis, Interim Planning and Development Department Director Kevin Snyder, Environmental Protection Manager Chris Andersen, Environmental Planner Jennifer Shih, Assistant City Attorney Steven Gross, Public Works Director Dennis Dowdy, Storm Drainage Engineer Tim Carlaw and Public Works Secretary Jennifer Rigsby. Also in attendance: Jeff Spencerfrom BCR, Citizens Mara Heiman, Eric Turbut, Howard and Sharon Cottier. II. JOINT STUDY SESSION WITH PUBLIC WORKS COMMITTEE The Planning and Community Development and Public Works Committees and staff held a special meeting to discuss key issues, ideas and elements forthe revision of the City's current floodplain and flood hazard area regulations, currently specified in Chapter 15.68 (Flood Hazard Areas) of the Auburn City Code. The City of Auburn will be updating these regulations in response to rule-making efforts by the Federal Emergency Management Agency (FEMA) that includes the issuance of a model ordinance for potential use by affected local governments. Interim Planning and Development Department Director Snyder provided background information about the impending National Flood Insurance Program (NFIP} regulatory requirements. Staff participated in amulti-jurisdictional task force, facilitated by the Federal Emergency Management Agency (FEMA) that provided input into the development of the model ordinance, which will be distributed to local jurisdictions for use in adopting floodplain regulations that meet the minimum requirements of the Endangered Species Act (ESA) Biological Opinion (Bi-Op). Stafffeelsthey have gathered enough information where they can begin work on developing the City's updated regulations to correspond and comply with the FEMA requirements. Environmental Protection Manager Andersen responded to questions asked by Co-Chair Wagner regarding the guidance documents being developed by FEMA that are to be used when adopting the model ordinance. Special Joint Committee Meeting Minutes February 3, 2010 Mr. Snyder outlined the agendas forthetwo joint meetings of the Committees and reviewed the materials that will be discussed. Snyder explained staff is concurrently working with the Planning Commission on necessary changes to Titles 16, 17, and 18, but the primary changes in City regulations will need to be made to Title 15, specifically Chapter 15.68- Floodplain Regulations. The Planning Commission will be holding a Public Hearing on February 23, 2010 to develop recommendations to the City Council for changes to Titles 16, 17, and 18. Staff is working with the Planning and Community Development and Public Works Committees to make the changes required in Title 15. There will also be a public open house to provide an update to citizens as to where staff is in updating the regulations, prior to staff presenting the changes to the City Council for consideration. The goal is to have a draft ordinance before the City Council for potential adoption on March 15, 2010. Co-Chair Wagner requested a review of staff's schedule and milestones forthe development of the ordinance. Staff agreed to review the schedule with the Committee prior to adjournment of the meeting. Mr. Andersen reviewed the materials that were distributed to the Committee and staff for the meeting and the study session format. Storm Drainage Engineer Tim Carlaw gave an overview of the National Flood Insurance Program (NFIP) and explained the Special Flood Hazard Areas (SFHAs) in the City of Auburn. The NFIP provides incentives in the form of insurance premium discounts for policy holders within the communities that go beyond the minimum floodplain management requirements. The discounts are based on the Community Rating System (CRS). Communities meeting the minimum standards enterthe CRS with a Class 10 rating, which provides no discount. Subsequent class reductions are equal to a 5% discount. The community is scored based on efforts to address certain programs, such as the requirement of compensatory flood storage for filling in the floodplain and the minimum one foot (1') finished floor above base flood elevation requirement. The City has achieved enough points that it is currently rated a Class 5 therefore denoting a 25% discount in premiums for policy holders. The initial flood insurance rates maps for the City were established in 1981. The most recent map was established in 1995. Carlaw answered questions asked by Co-Chair Wagner regarding FEMA's national digital flood insurance rate map update and the determination that the Green River required additional study and review. The City of Auburn, King County, and other valley cities appealed the proposed updated FEMA maps in 2008. The appeal in ongoing. Assistant City Attorney Steve Gross spoke about the State vesting doctrine, changes in Federal regulations and how that may affect permit applicants following the adoption of the updates to Title 15 and prior to the issuance of the updated FEMA map, following questions asked by Co-Chair Wagner. Mr. Carlaw reviewed the Draft Existing FEMA Flood Zone map with the Committees, focusing on the Special Flood Hazard Areas (SERA) and Floodways. Environmental Protection Manager Andersen provided the Committees with background information on the Biological Opinion (Bi-Op} issued by the National Marine Fisheries Service (NMFS). The Bi-Op explains how implementation of the NFIP affects species and their habitats listed under the ESA. The opinion also includes a series of 7 actions that NMFS is recommending FEMA undertake in order to meet the requirements of the Page 2 Special Joint Committee Meeting Minutes February 3, 2010 ESA when implementing the NFIP. The actions are referred to as Reasonable and Prudent Alternatives (RPAs). Implementation is required starting in September 2010. The RPA to revise the minimum criteria and require communities to consider and mitigate for impacts on fish habitat from development, is what is currently driving the need for amendments to Auburn City Code. Mr. Andersen discussed staff's approach to implementation of the RPAs. Staff was notified in October 2008 of the Bi-Op. November 17, 2008 a moratorium for development in the floodplain was enacted by the City, as per the recommendation of NMFS and FEMA. The City established an internal Floodplain Review Committee to review proposals for development in the floodplain under the current moratorium. Currently, staff is working on developing the subject amendments to City Code, which are proposed to be adopted initially as interim regulations, which would become final upon approval by FEMA. Mr. Gross discussed the difference between the interim and final regulations. Gross explained the process of adopting the final regulations, following receipt of the model ordinance, following questions asked by Member Peloza. Mr. Andersen reviewed the key elements of the model ordinance and a draft map with the Committees, highlighting the areas outlined in red, which represent the additional area that would be regulated under the new requirements. This area is called the Riparian Habitat Zone. In most cases the Riparian Habitat Zone would be located within the SFHA and would not represent an increase in regulated area. Andersen discussed the regulatory floodplain which will include the Riparian Habitat Zone as well as the SFHA. Andersen answered questions asked by Mayor Lewis regarding how the provisions of the model ordinance would apply to existing developed neighborhoods. Andersen spoke about habitat assessment and habitat mitigation in the regulated areas. Other key elements of the ordinance include the requirement for a Floodplain Development Permit and additional Floodplain Development Standards. Mr. Andersen answered questions asked by Member Peloza regarding how the Riparian Habitat Zones were determined. Mr. Gross pointed out that the Riparian Habitat Zones are not buffers which would allow no development, but rather they are zones within which development proposals would need to assess potential habitat impacts, and mitigate any impacts that are identified. Co-Chair Norman clarified the key elements of the ordinance with staff. Mr. Gross discussed the model ordinance and its incorporation into the City's code. The City is already regulating floodplains and a lot of the requirements from the Federal agencies, the City is already meeting. The majority of changes to the City code are mandates from the Federal government. At the next study session staff will review the existing code and the additions to the code, but there is very little room for optional language in the code changes. Staff answered questions asked by Co-Chair Norman regarding off-site mitigation of habitat. Mr. Gross reviewed Appendix B -NFIP Ordinance Checklist with the Committees. Page 3 Special Joint Committee Meeting Minutes February 3, 2010 Item 2: This is a new requirement to create a specific Floodplain Development Permit. Andersen discussed some of the changes that will need to be made to the permitting process for development in the floodplain, following questions asked by Member Peloza. The Committees and staff discussed the possibility of a cost increase and new permit fee schedules. The Committee discussed the additional costs to developers in having to comply with the new criteria for developing in a floodplain and the affect that may have on the City's economic recovery. Staff discussed the possibility of the City conducting habitat impact analysis on a corridor level and using that as a tool for economic development. Items 4 and 5: Provide certainty for the process of prioritizing what information the City and developers use to make decisions. Item 10: The model ordinance and Bi-Op consider the act of subdividing land to be development. Item 15: Anew provision requires review of the cumulative impacts of the proposed development on the surface elevation of the base flood on the surrounding community. Item 23: The definition of "development" was changed to include subdivisions. The definition of "recreational vehicles" was slightly changed. The requirements for and definition of "start of construction" are still being worked on by staff and the Building Official. Assistant City Attorney Gross stated the ordinance, as the changes to Chapter 15.68 are adopted, will include language similarto the language in the Critical Areas ordinance which states if any of the provisions of the Critical Areas ordinance conflicts with anything else in the City Code, the provision that provides the most protection will prevail. The Committee and staff discussed the process of applying for a variance. Staff answered questions asked by Co-Chair Wagner regarding the Revised NFIP- ESA/Auburn City Code Crosswalk (January 22, 2010). Staff described the process that will be used to monitor permitting. The Committees and staff discussed whether or not the new regulations would affect the construction of a bridge at 8t" Street NE. The Committee and staff discussed The City of Auburn's FEMA Mandates (Original Crosswalks 2009). The Committee voiced concern regarding the ratios for habitat mitigation. The Committee and staff reviewed the Work Plan for completion of the final model ordinance. Page 4 Special Joint Committee Meeting Minutes February 3, 2010 III. ADJOURNMENT There being no further business to come before the Planning and Community Development and Public Works Committees, Co-Chair Wagner adjourned the meeting at 7:41 p.m. Approved this day of February 2010. Rich Wagner, Co-Chair Lynn Norman, Co-Chair Jennifer Rigsby Public Works Secretary Page 5