HomeMy WebLinkAbout03-03-2020 Minutes
PLANNING COMMISSION
March 3, 2020
MINUTES
I. CALL TO ORDER
Chair Judi Roland called the meeting to order at 7:00 p.m. in Auburn City Council
Chambers located at 25 West Main Street, Auburn, WA 98001.
a.) ROLL CALL/ESTABLISHMENT OF QUORUM
Commissioners present: Chair Judi Roland, Vice-Chair Lee, Commissioner Mason,
Commissioner Moutzouris, and Commissioner Stephens. Commissioner Khanal was
excused.
Staff present: Jeff Dixon, Planning Services Manager; Doug Ruth, Assistant City
Attorney; Steve Sturza, Development Engineer Manager; Jennifer Oliver, Admin
Assistant.
Members of the public present: Brianna Thomas
b.) PLEDGE OF ALLEGIANCE
II. APPROVAL OF MINUTES
A. January 7, 2020 – Regular Meeting Minutes
Vice Chair Lee moved and Commissioner Stephens seconded to approve the
minutes from the January 7, 2020 meeting as written.
MOTION CARRIED UNANIMOUSLY. 5-0
B. February 4, 2020 – Regular Meeting Minutes
Commissioner Stephens moved and Commissioner Moutzouris seconded to
approve the minutes from the February 4, 2020 meeting as written.
Vice Chair Lee did not attend the February 4, 2020 meeting and did not vote.
MOTION CARRIED UNANIMOUSLY. 4-0
III. OTHER BUSINESS
A. Floodplain Code Update
Introduction of draft amendments to Chapter 15.68
Staff member Steve Sturza, Development Engineer Manager, presented the
information regarding policy updates to the City’s Floodplain Development Code
PLANNING COMMISSION MEETING MINUTES March 3, 2020
adopted in 2010 to comply with the current requirements set by the National Marine
Fisheries Services’ (NMFS) Biological Opinion, the National Flood Insurance
Program (NFIP) in Western Washington, and Federal Emergency Management
Agency (FEMA).
Based on Staff’s implementation of the Floodplain Development Code over the
years, the Model Ordinance, and input from FEMA and DOE below are the
substantive changes to ACC, Chapter 15.68:
Reorganize ACC, Chapter 15.68 to correspond to the layout of the Model Ordinance.
The changes that are transmitted under cover of this memo look extensive because
of the amount of strikethrough and underline, however much of that is due to
relocating existing adopted code language from one place to another. In other
words, underlined language may not be new and may instead reflect a change in the
organizational structure of the code. For this reason, staff is identifying this bulleted
list of substantive changes.
Update the definitions section to have the latest definitions per NFIP, NMFS, FEMA,
DOE and City of Auburn. This comes from the Model Ordinance and current
correspondence with FEMA and DOE.
Definition of area to be regulated for floodplain development (see further discussion
below)
Designation of the Channel Migration Area (see further discussion below)
Remove all of the permit application submittal criteria from ACC, Chapter 15.68 and
include it in the floodplain development permit application only.
Information already provided in ACC 18.70.025 for variances is removed to avoid
redundancy.
Establishing a minimum setback for structures of 15 feet from the Protected Area, or
if not met, a habitat assessment is required.
Remove a date for assessing cumulative improvements.
Increasing the requirements for what is to be addressed in Habitat Mitigation Plans
prepared for developments located outside of the Protected Area (Note: Does not
change the requirement of whether or not to prepare a Habitat Mitigation Plan).
Update the Flood Insurance Study and Flood Insurance Rate Map reference dates.
This is not reflected on the updated code as we have not been contacted by FEMA
to date.
Key Ordinance Change No. 1 - Area to be Regulated
In the 2010 Model Ordinance used by the City for development of its current regulations,
the area specified to be regulated is the Special Flood Hazard Area (SFHA) and all
Protected Areas. The 2013 revised Model Ordinance specifies that the area to be
regulated is the SFHA (inclusive of any Protected Areas that are located within the
extent of the SFHA) and removes the reference to “Protected Areas”.
Protected Areas include the FEMA-designated floodway, the Riparian Habitat Zone
(RHZ), and any mapped Channel Migration Area (CMAs). The RHZ is a dimensioned
zone adjacent to rivers and streams located within the SFHA, and varies in width from
150 feet to 250 on each side of the river of stream’s Ordinary High Water Mark (OHWM).
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PLANNING COMMISSION MEETING MINUTES March 3, 2020
In a number of cases in Auburn, the extent of the RHZ reaches beyond the SFHA that
the river or stream is located within, resulting in a regulated area that includes the SFHA
and the additional area of the RHZ that occurs outside of the SFHA in which that reach
of river or stream is located within. One significant area where this occurs is along the
western shoreline of the Green River, where there are urban densities of existing single-
family and multi-family residences. In a number of cases, these RHZ areas outside of
the SFHA are also located behind existing levees, or at elevations that are not expected
to experience flooding during the base flood (also referred to as the “100-year” or “1%
annual recurrence probability” flood).
While the primary purpose of regulating this RHZ area outside of the SFHA is to protect
or preserve critical floodplain habitat for federally-listed threatened and endangered
species, many of these areas have previously been heavily developed, and consist of
structures, paved or other impervious surfaces, and urban landscaping, and
consequently offer little habitat value to aquatic species.
Auburn also has a mapped CMA for the Green River that is presently included as part of
its regulatory floodplain as required by the original (2010) Model Ordinance. Similar to
the RHZ, the CMA also extends beyond the SFHA area in a number of areas within the
City, and in many cases portions of this area are also located behind existing levees.
The third element of the Protected Area, the FEMA-designated floodway, is in all cases
located within the FEMA-designated SFHA and therefore does result in any additional
areas for floodplain regulation beyond the SFHA under the City’s current regulations.
City staff recommends revising the regulatory floodplain to include the SFHA and the
Protected Area as it occurs within the SFHA, unless the area is undeveloped with
predominately native vegetation that have benefits to endangered species, in which case
the regulations for riparian habitat zones shall apply and be included in the regulatory
floodplain. This so that existing built out areas are not exposed to development
requirements that don’t make sense when they are expanding or modifying a
development. The intent is to apply the critical area and floodplain regulations to areas
where it matters most and to not require habitat protection plans or other types of efforts
in built out areas.
Key Ordinance Change No. 2 - Designation of Channel Migration Area
The 2010 Model Ordinance required CMAs to be delineated as part of the regulatory
floodplain map, in any areas where channel migration areas had previously been
mapped and adopted for local regulatory purposes, with the addition of 50 feet. It further
specified that if there was no adopted channel migration area map for a water body, that
there was no requirement to prepare a new delineation of a CMA for floodplain
regulatory purposes.
The 2013 revised Model Ordinance specifies that where a channel migration area has
not been mapped/adopted by the community, that a floodplain permit applicant shall
either designate the entire SFHA as the channel migration area, or conduct a study to
identify the channel migration area in accordance with FEMA’s Regional Guidance for
Hydrologic and Hydraulic Studies. The revised Model Ordinance also specifies that the
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PLANNING COMMISSION MEETING MINUTES March 3, 2020
floodplain administrator shall use the most restrictive data available for determining the
channel migration area.
At the time of the City’s 2010 flood hazard area amendments, the only established
mapped channel migration area in Auburn was associated with the Green River
(identified by a 1993 King County channel migration study). As a result, the only CMA
that is designated on the City’s current regulatory floodplain map is the Green River
CMA. A channel migration area has not yet been mapped for the White River or Mill
Creek, and there is therefore no CMA designated or required to be evaluated for
development applications in the SFHA for these water bodies.
The revised Model Ordinance requires that for any floodplain permit application for
development located within the SFHA where a CMA has not yet been mapped (White
River SFFIA, Mill Creek SFHA, and portions of Green River SFHA), the applicant has
the option of treating the entire SFHA within the project area as a CMA, or to submit a
special hydrologic/hydraulic study that establishes the location of the CMA pursuant to
FEMA’s technical criteria.
City staff recommends that we provide development applicants within the floodplain the
option to either provide a study that locates the CMA for their proposed development site
as described in the revised Model Ordinance or designate that all areas in the SFHA for
which no CMA has been mapped shall meet the requirements for a CMA (i.e. all SFHAs
without a mapped CMA would be automatically included as part of the Protected Area).
Presented to the Planning Commission was Chapter 15.68 proposed changes shown by
strikeout/underline code.
Questions from the Commission:
Roland 709 do individuals still go through their own insurance?
711 Roland – maps are needed Sturza explained that he just received the FEMA info
last Monday but will have maps at the next meeting from GIS.
717 Chair Roland – if a homeowner goes into purchase home insurance, they will look at
these maps to determine if flood insurance is needed?
717 Chair Roland is this for new buildings or existing bldgs?
718 Chair Roland confirmed that if you do not have a home mortgate and you own the
home outright, do you still need the insurance? Steve said no but Roland commented
that if you are living along the river you probably should.
719 judi –
727 roland
734 sturza talked about what areas are heaviliy impacted.
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PLANNING COMMISSION MEETING MINUTES March 3, 2020
734 judi comments;
735 dixon comment :
735 roland Flood plain administrator: who is that: Jeff Tate.
736 Roland sturza answered longer when a delveopment takes longer that 180 days.
737 roland was it already 180 days or did that change? Stuza
737 Dimitri will there be a public meeting?
738 Dixon This briefing to introdice code changes, also looking into additional changes
still coming through. Code change.
738 roland what were the comments from last night and also want to see maps with the
changes.
739 Dixon: understands about maps. We can the pull the maps up. (note additional
comments)
740 Steve brought up GIS to show maps
741 Roalnd.
741 Roger lee..
741 Dixon developing code changes to remain consistance with federal authorities
741 Stephens so many changes. Commission discussion. Maybe look at maps with not
all of the lines on it. Looking for a clean copy to review and easier to understand it.
7423 Roger lee question while viewing map from GIS. What would account for the
change. Steve :
744 Dixon comment on new system and survey maps.
745 Roland
746 stephens
747 Dixon:
748 roland
749 Roger – Old drive in theater area.
750 Roland can they view GIS map on their own. Dixon said not as in detail.
751 Stephens on king co site map. Sturza answered.
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PLANNING COMMISSION MEETING MINUTES March 3, 2020
B. Review of Planning Commission Rules of Procedures
Annually the Planning Commission reviews their Rules of Procedure and
determines if any changes are warranted.
The Planning Commission’s ‘Rules of Procedure’ were last amended on
March 5, 2019. Annually, the Planning Commission reviews their Rules of
Procedure (Rules) as a content reminder and also to consider any
modifications of the Rules. A draft of some relatively minor, house-keeping
type changes were identified by Planning Dept. Staff and distributed in
advance of the Planning Commission’s January 7, 2020 meeting.
These changes included:
Capitalization
Correcting the Community Development Dept. name
Correcting a reference from “Council” to “Commission” to be accurate
Clarifying Findings of Fact
Changing the section numbering to agree
The Planning Commission reviewed and discussed these changes at the
meeting.
Additionally, at the meeting the Legal Dept. Staff distributed some further
changes to the Rules based on recent changes to the City Council’s Rules of
Procedure. The Legal Dept. Staff reviewed these at the meeting and offered
to research the use of disruptive language and instances of how it was
handled.
These changes to Section X. ‘Public Hearings’ (Pages 9-10), include changes
to:
Recognize that not voting is counted as negative vote
Clarify that the Chair, Member, or Secretary can call for a roll call or
hand vote.
Clarify procedures for abstaining from a vote due to a conflict of
interest.
And changes to Section XI. ‘Conduct’ (Page 11), to:
Further elaborate on what constitutes “disruption.”
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PLANNING COMMISSION MEETING MINUTES March 3, 2020
Staff Recommendation:
A draft based on input from both the Planning and Legal Depts. is provided
for the Planning Commission’s consideration. This latest draft shows
changes in strike-through (deletions) and underline (additions). If these
changes are satisfactory, the Commission can approve.
If the Planning Commission has additional changes, these can be captured by
staff and then these changes can be presented in writing and provided at the
next regular meeting as provided in Section XIII, ‘Amendment’.
Questions from the Commission:
755 Judi: why was it changed to not voting to now its negative? What is the
reason behind that? Doug:
757 Judi people creating a scene Doug Examples of what the interruption
could be.
758 can a meeting be cancelled if it becomes disruptive? Yes.
758 Phillip: statement.
Motion to approve: Dimitri
Second:Roger Lee Seconded.
5-0
IV. COMMUNITY DEVELOPMENT REPORT
Planning Services Manager, Jeff Dixon reported…
- Legacy project across the street update: earthwork was site remediation to
clena up soil and ground water contamination. Close to getting their building
permit and civil plans approved. Building should begin in the next few weeks.
- Auburn school district working with CD on their plans for redelveopment for
chinook and lea hill schools.
- Question regarding activity at City of Pacific mobile home park and
restaturant. Jeff has reched out to City of pacific to see what the status is and
he has not received any word back from them on what will be going in there.
Questions: Joan Heritage bldg process; Still working on the process of the
permits. Making further changes so the permit process is still going on. Still the
same owner.
Phillip asked about the property about English Gardens. Dixon; looked up in
Permit records for any applications and there are not at this time. ‘
Judi- What is happening with the old Key Bank site? Dixon: proposed to be
divided up into two tenant spaces one which would be a 7-11. Design review will
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PLANNING COMMISSION MEETING MINUTES March 3, 2020
need to be done. Some work has been done because of a very heavy safe and
the floor didn’t support.
Mason: Will there be a traffic study with that 7-11? Dixon: not aware if there will
be a traffic study consisted of.
Couple of items for packets: Delivering has been the method for getting packets
to the commissioners. Are they ok with mailing them?
Everyone agreed that mailing was fine.
Joint meeting for the Commission and the Council members, want to make sure
that the communications and the meeting will go well.
V. ADJOURNMENT
There being no further business to come before the Planning Commission, Chair Roland
adjourned the meeting at 8:12 p.m.
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