HomeMy WebLinkAbout04-21-2020 Minutes
PLANNING COMMISSION
April 21, 2020
FINAL MINUTES
I. CALL TO ORDER
Chair Judi Roland called the meeting to order at 7:00 p.m. via Zoom Meeting due
Governor Inslee’s “Stay Home, Stay Healthy” initiative due to the Covid 19- Pandemic.
a.) ROLL CALL/ESTABLISHMENT OF QUORUM
Commissioners present: Chair Judi Roland, Vice-Chair Lee, Commissioner Moutzouris,
Commissioner Khanal and Commissioner Stephens.
Commissioner Mason was excused.
Staff present: Planning Services Manager, Jeff Dixon; Development Engineer Manager,
Steve Sturza; Assistant City Attorney, Doug Ruth; Administrative Assistant, Jenn Oliver.
Members of the public present: Jessica Conquest
II. APPROVAL OF MINUTES
A. March 3, 2020 – Regular Meeting Minutes
Commissioner Khanal moved and Vice Chair Lee seconded to approve the minutes
from the March 3, 2020 meeting as written.
MOTION CARRIED UNANIMOUSLY. 5-0
III. PUBLIC HEARING
A. ZOA19-0004, Proposed Floodplain Code Amendments to ACC 15.68, 'Flood Hazard
Areas'. Public Hearing on amendments to remain consistent with the latest FEMA model
ordinance and to coincide with separate FEMA adoption of updated Federal Insurance
Rate Maps (FIRM)
Due to the teleconference meeting format, Planning Services Manager, Jeff Dixon
provided some explanation of the unique hearing procedures and how interested parties
could provide documents during the hearing, or provide testimony afterwards if they
contact the city by e-mail at planning@auburnwa.gov or by phone at 253-804-5035 if
they have technical difficulties in participating during the hearing this evening.
Development Engineer Manager, Steve Sturza provided a report for the Floodplain Code
Amendments.
The City of Auburn is a participating community in the National Flood Insurance
Program (NFIP). In 2010, the NMFS issued a Biological Opinion (referred to in this
memo as the “Bi-Op”) which concluded that continued implementation of the NFIP in
the Puget Sound (Western Washington) region adversely affects the habitat of
PLANNING COMMISSION MEETING MINUTES April 21, 2020
certain threatened and endangered species listed under the federal Endangered
Species Act (ESA). The Bi-Op required changes to the way the NFIP is
implemented in order to meet the requirements of the Endangered Species Act
(ESA).
In 2010, a model floodplain management ordinance was published by FEMA.
FEMA developed the model ordinance to provide NFIP communities with model
language that could be adopted as part of a community’s local land use and
building regulatory codes to address the requirements of the Bi-Op. FEMA requires
each NFIP community to select one of the following three approaches for
implementation of the Bi- Op requirements, referred to as the “Three Doors
Approach”:
Door #1: Adoption of the provisions of the FEMA model ordinance
(programmatic approach);
Door #2: Checklist (community by community approach); and
Door #3: Permit by Permit Compliance (project by project approach)
In April 2010, the Auburn City Council adopted Ordinance No. 6295 which accepted
the Planning Commission’s recommendation to incorporate the provisions of the
FEMA model ordinance into the City’s Flood Hazard Area regulations (Chapter
15.68 ACC), and adopting a revised Regulatory Floodplain Map. The ordinance also
amended sections of City Code chapters 14.03, 16.10, 17.04, 17.09, 17.14, and
18.70.
The City’s amended Flood Hazard Area regulations were approved by FEMA on
September 21, 2011, recognizing the City as a ‘Door 1’ community and providing
the City with coverage under the Endangered Species Act for its floodplain
management activities.
In December 2013, FEMA issued an updated Model Ordinance for regulating
floodplain development. City staff has been waiting to update the code to
coordinate with the updated Federal Insurance Rate Maps (FIRM) that are being
issued by FEMA. As anticipated FEMA contacted the City of Auburn to update our
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FIRM references on February, 192020 and have until August 19, 2020 to make
the update. City staff has prepared updates to ACC, Chapter 15.68 to include the
changes from the Model Ordinance to be consistent with City standards/practices
for Planning Commission’s consideration.
City staff routed the City’s updated ACC, Chapter 15.68 to FEMA and Department of
Ecology’s (DOE) NFIP State Coordinator, David Radabaugh at the end of 2019 for
review and input to ensure it meets current standards. Between March 3rd and
March 30th additional comments were provided by David Radabaugh. These
additional comments from DOE were provided in response to the Letter of
Determination from FEMA directing City of Auburn to update our floodplain code and
adopt the new flood insurance studies that have been under review for the past 13-
years. Mr. Radabaugh would have liked to have provided the comments sooner,
however they made the changes to FEMA’s model ordinance on December 2019
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PLANNING COMMISSION MEETING MINUTES April 21, 2020
which was right in the middle of the State Dept. of Commerce review of the City’s
Draft Floodplain code. The proposed changes to the ACC, Chapter 15.68 are shown
by strikeout/underline code attached to this memo as Exhibit A. A clean version of
the ACC, Chapter 15.68 is also provided per request at the Planning Commission
meeting that occurred on March 3rd, 2020.
STAFF PROPOSED UPDATES
Based on Staff’s implementation of the Floodplain Development Code over the
years, the Model Ordinance for the Puget Sound Region, and required changes
from DOE, below are the substantive changes to ACC, Chapter 15.68:
Reorganize ACC, Chapter 15.68 to correspond to the layout of the latest FEMA
Model Ordinance for the Puget Sound Region. 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 latest 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. Per recent
comments from DOE some basic permit application submittal criteria is required in
the code and has been added since the last meeting.
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 (FIS) and Flood Insurance Rate Map (FIRM)
reference dates to be August 19, 2020 for King County and March 7, 2017 for
Pierce County Areas. Please note that maps of the north end of the City of Auburn
that show the existing and proposed special flood hazard areas were e-mailed and
mailed to the Planning Commission members as requested at the Planning
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Commission meeting that occurred on March 3, 2020.
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Update the code per various comments received from DOE between March 2to
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March 30. The details of all of the required changes are provided in a separate
document called Comments from Department of Ecology that was prepared by
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PLANNING COMMISSION MEETING MINUTES April 21, 2020
David Radabaugh, with DOE. Below is a brief summary of the required changes.
o Additional updates to the exact working of some definitions
o Update the reference to the Flood Insurance Studies to be 8/19/2020
o A portion of the Urban Growth Area is in an area covered by the Pierce
County FIS, the City should also adopt the Pierce County FIS and FIRMs
o Basic floodplain permit application requirements are needed in code.
o A new section for Notification to Other Entities was added
o Building construction and documentation requirements were slightly updated
o Additional variance criteria was added
o A new section for Standard for Shallow Flooding Areas (AO Zones) was added
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 Riparian Habitat Zone (RHZ), any mapped Channel
Migration Area (CMAs), and the FEMA-designated floodway. 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). 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.
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PLANNING COMMISSION MEETING MINUTES April 21, 2020
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 already 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 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 SFHIA, 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 applicants for development within the
floodplain the option to either provide a study that locates the CMA for their
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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).
With Staff proposing to remove a date for assessing cumulative improvements, the
Commission questioned if there would need for that to be specifically mentioned as part
of the motion. Staff confirmed that it would be.
It was noted in the presentation that no channel migration studies have been done
for the White River and the Commissioners asked why that has not been done since
the White River flows through portions of Auburn. Staff replied that it is a very
expensive process to have the studies completed.
A Planning Commissioner asked if A Street SE Bridge would be at risk in a 100-year
flood. Staff reiterated that the reality is, there is always a risk.
The Commission thanked Staff for the new map showing more clarity.
Chair Roland opened the Public Hearing on April 21, 2020 at 7:44 p.m.
Chair Roland asked three times for public testimony.
With no public testimony, Chair Roland closed the public hearing at 7:46 p.m.
With no other questions from the Commission, the Commission deliberated.
The Commission sought discussed if the change to remove a date for assessing
cumulative improvements required an acknowledgement in the motion as previously
discussed. Staff corrected their previous answer and confirmed that the particular
section that states a date for assessing cumulative improvements was shown as deleted
in the changes presented and therefore a specific mention in the motion is not
necessary.
Vice Chair Lee moved and Commissioner Stephens seconded to recommend ZOA19-
0004, Proposed Floodplain Code Amendments to ACC 15.68, 'Flood Hazard
Areas'. Amendments to remain consistent with the latest FEMA model
Page 1 of 117 ordinance and to coincide with separate FEMA adoption of updated
Federal Insurance Rate Maps (FIRM) be moved forward to City Council for approval.
Motion Passed (5-0)
IV. COMMUNITY DEVELOPMENT REPORT
Planning Services Manager, Jeff Dixon mentioned that the next Planning Commission
regular Meeting is May 5, 2020. However, the Open Public Meetings Act requirements
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are suspended by the Governor at this time but this declaration expires April 24. This
could be extended by the Governor but if not, there is a chance the Planning
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PLANNING COMMISSION MEETING MINUTES April 21, 2020
Commission will be held May 19, 2020, instead. More information to follow within the
week and Staff will keep the Commissioners updated.
Mr. Dixon mentioned that although most of the Community Development Staff is working
remotely at their homes, Staff continues to operate as normal as possible given the
COVID-19 circumstances. Permits are still being issued with 194 being issued within the
last 3 weeks. Staff comes in once a week to process payments for the permits and open
the mail. Also, Code Enforcement staff is safely working in the field, and the plans are
also being reviewed by the City’s Plans Examiners.
He mentioned a few other construction projects that had significant developments.
Auburn School District had the groundbreaking of Elementary School 16 on Lea Hill last
week. The Legacy Project that is across from City Hall has transitioned from soil
remediation earthwork to actual building construction this week. The Commission asked
about the former Heritage Building in downtown that had originally burned down and
staff responded that plans/permit applications are still being reviewed by the City.
He added that in response to the Governor’s order that only “essential projects” may
continue construction, the City is not making this interpretation on behalf of the
developers/contractors. The City is requiring the developers/contractors to self-identify if
they are “essential” and then implement health and safety practices on their sites. He
indicated that this means many residential and commercial construction projects are
currently shut down.
V. ADJOURNMENT
There being no further business to come before the Planning Commission, Chair Roland
adjourned the meeting at 8:11 p.m.
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