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HomeMy WebLinkAboutITEM II-B~ CITY flF WASHINGT4N DRAFT PLANNING COMMISSION FEBRUARY 23, 2010 MINUTES I. CALL TO ORDER Chair Judi Roland called the meeting to order at 7:06 p.m. in the Council Chambers located on the first floor of Auburn City Hall, 25 West Main Street, Auburn, WA. Commission Members present were: Chair Judi Roland, Vice Chair Kevin Chapman, Bob Baggett, Ron Copple, and Joan Mason. Commissioner Peter DiTuri, Dave Peace and Michael Hamilton were excused. Staff present included: Interim Director Kevin Snyder, Environmental Protection Manager Chris Andersen, Environmental Planner Jennifer Shih, Assistant City Attorney Steve Gross, Storm Drainage Engineer Tim Carlaw, and Planning Secretary Renee Tobias. Audience members included Mara Heineman and Terry Danysh. II. PUBLIC COMMENT There were no public comments. III. PUBLIC HEARING Environmental Protection Manager Chris Andersen presented an oral staff report on the amendments to Titles 14, 15, 16, 17, and 18 relating to the City's floodplain development regulations. On November 17, 2008, the City Council enacted a moratorium on development within the Federal Emergency Management Agency (FEMA) identified 100-year floodplain. This moratorium was enacted as a result of the Biological Opinion (Bi-Op) issued by the National Marine Fisheries Service (NMFS) that administration of the National Flood Insurance Program (NFIP) jeopardizes endangered species. As a result of the NMFS finding, FEMA and communities participating in the NFIP are required to implement a series of actions, including adoption of new or amended regulations to ensure compliance with the Endangered Species Act. The purpose of the development moratorium was to give these federal agencies time to complete a model floodplain ordinance and other technical assistance for local jurisdictions, and in the interim, to limit liability to private parties and the City. Adoption of the floodplain amendments that meet the NFIP/ESA requirements will address the underlying reason for the enactment of the floodplain development moratorium. Staff reviewed the draft Regulatory Floodplain Map with the Commissioners. The Regulatory Floodplain is composed of the Special Flood Hazard Area (FEMA 100 year floodplain) and the Protected Area (Floodway, Riparian Habitat Zone, Channel Migration Area). Staff reviewed a map overlay depicting the 2008 technical appeal of FEMA's PLANNING COMMISSION MEETING MINUTES FEBRUARY 23, 2010 preliminary revised Flood Rate Insurance Maps submitted to the agency by the City of Auburn, other cities in the Green River valley and King County. A public information meeting regarding the proposed amendments was held on February 18, 2010. City staff and a representative from FEMA were available to answer questions raised during the meeting. The proposed amendments would amend the following sections of the Auburn City Code: Chapter 14.03 (Types of Project Permit Decisions) establishes permit decision types for floodplain development permits. Chapter 15.68 (Flood Hazard Areas) substantively amends the code to conform to the floodplain and habitat protection requirements of the Endangered Species Act as specified for the National Flood Insurance Program by FEMA. Chapter 16.10 (Critical Areas) clarifies that the standards and requirements for the identification, assessment, alteration, and mitigation of flood hazard areas that are contained in Chapter 15.68 Chapters 17.04 (Definitions), 17.09 (Short Subdivisions), and 17.14 (Improvement Requirements - Subdivisions) clarifies existing definitions, adds definitions for terms currently undefined in the code, deletes or removes terms not currently in use in the code, adds additional development requirements for short subdivisions, and to clarify improvement requirements for subdivisions. Chapter 18.70 (Variances, Special Exceptions, and Administrative Appeals) is a new section to provide procedures and requirements for variances from the requirements of Chapter 15.68. Chair Roland opened the public hearing at 8:00 p.m. to receive comments on Titles 14, 15, 16, 17, and 18 relating to the City's floodplain development regulations. Mara Heiman 6430 S. 287'h Street, Auburn, WA Ms. Heiman stated that she is raising her family on the same farm that she was reared. She has observed a lot of changes to the west side of the valley, opining that the City went from an agricultural community to a warehouse community. At the Commission's request, Ms. Heiman identified her property on the displayed Draft Regulatory Floodplain Map. Ms. Heiman stated she had a few questions. Chair Roland asked staff to respond to Ms. Heiman's questions. Regarding the Riparian Habitat Zone, particularly King County Tributary 0045, Ms. Heiman asked how much of a setback would be required on that waterway. Secondly, she asked if Tributary 0045 is considered a stream or an agricultural ditch. Page 2 D R A F l° PLANNING COMMISSION MEETING MINUTES FEBRUARY 23, 2010 Environmental Protection Manager Chris Andersen responded that the proposed Riparian Habitat Zones are based on Department of Natural Resources (DNR) stream types. Without research, Mr. Andersen was not able to identify the DNR stream type for Tributary 0045. As an example, Department of Natural Resources Type N streams, which is a non-fish bearing, either perennial or seasonal stream has a Riparian Habitat Zone distance of 150 feet associated with it as prescribed by the NMFS biological opinion. This is measured from ordinary high water and is 150 feet on both sides of the stream. If the Type N stream is on a steep slope, the distance may be as great as 225 feet. Ms. Heiman asked if West Valley Highway, north of 287th Street, has a buffer that would keep vehicles off of the Riparian Buffer Zone. Mr. Andersen responded no, and further explained that the Riparian Habitat Zone is not a buffer. This zone does not preclude activities from occurring within, but is an area where additional study is required for any proposed development or redevelopment. One resource to consult is the DNR stream typing map for the City, which shows how DNR has identified each stream in terms of the typing. If there was an issue whether the stream typing is correct or incorrect or appropriate or inappropriate, there is a process for resolving that through the Department of Natural Resources. Mr. Andersen responded to Ms. Heiman's question regarding the time period for a new Flood Insurance Rate Map (FIRM) to go into effect once FEMA has approved the appeal map. In 2007, FEMA proposed a new floodplain layer that was greater in area than the currently adopted floodplain. The City of Auburn and other cities disagreed with that proposal and, along with King County, submitted a technical appeal of the proposed revision to the floodplain maps to FEMA. The mapping and study associated with the technical appeal has been completed and submitted. FEMA is currently reviewing the technical appeal and the City is currently waiting for a response from FEMA. Once FEMA has made a decision about the technical appeal, they will reissue revised preliminary maps for their federal public review and comment process. FEMA has indicated that this process can take anywhere from 1 to 2 years, depending upon many things including whether there are additional appeals. Regarding how the model ordinance will affect vested agricultural activities, Mr. Andersen referred to Chapter 15.68.130C(7) which identifies several activities not considered development and, therefore, not subject to a development permit. 15.68.130C(7) Plowing and other normal farm practices (other than structures or filling) on farms in existence as of the effective date of this ordinance. Storm Drainage Engineer Tim Carlaw responded to Ms. Heiman's question about the expected reduction in flood insurance premiums associated with the new regulations. He stated that flood policy holders are eligible for up to 25% premium credit based on the activities that the City does currently. The City has not gone through the process to determine the additional points that may be received when the model ordinance is adopted. Staff anticipates going through the determination process next fall 2010 as part of the normal 5-year recertification. Page3 D R A F T PLANNING COMMISSION MEETING MINUTES FEBRUARY 23, 2010 There being no further comment, Chair Roland closed the hearing at 8:15 p.m. Assistant City Attorney Steve Gross responded to the Commission's question about the review process should FEMA have changes to the City's model ordinance. The proposed model ordinance contains language specifically authorizing the Mayor to make minor changes based on guidance from the federal agencies. If there are substantive changes to the model ordinance, it would go back through the review process by the Planning Commission and City Council. The floodplain development moratorium would automatically be repealed once the model ordinance is approved by City Council. Mr. Gross stated in response to the Commission's question, that the Commission could make this a part of the motion. The Commission requested that staff look at adding a section to the adopting ordinance that specifically speaks to repealing the moratorium. Commissioner Chapman moved and Commissioner Copple seconded to recommend to City Council approval of amendments to Chapters 14, 15, 16, 17, 18, as well as the proposed additional wording for 15.68.130D(1) (new Exhibit 9). The maker of the motion made a friendly amendment to include repeal of the moratorium and adoption of the Regulatory Floodplain Map. MOTION CARRIED 5-0 The regularly scheduled March 2, 2010 Planning Commission meeting will be cancelled. The next regularly scheduled meeting of the Planning Commission will be April 6, 2010 IV. ADJOURNMENT There being no further business to come before the Planning Commission, Chair Roland adjourned the meeting at 8:26 p.m. Page 4 D R A F T