HomeMy WebLinkAboutITEM III-B
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WASHINGTON and
PUBLIC WORKS COMMITTEE
FEBRUARY 8, 2010
JOINT STUDY SESSION MINUTES
I. CALL TO ORDER
• Co-Chair Rich Wagner called the meeting to order at 5:35 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 & Community Development Committee
Chair Lynn Norman, Planning & Community Development Committee Vice Chair Nancy
Backus, Public Works Chair Rich Wagner, Public Works Committee Vice Chair Sue
Singer and Public Works Committee Member Bill Peloza.
Staff members present included: Mayor Pete Lewis, Interim Planning & Development
Director Kevin Snyder, Environmental Protection Manager Chris Andersen,
Environmental Planner Jennifer Shih, Public Works Director Dennis Dowdy, Assistant
City Attorney Steve Gross, Storm Water Engineer Tim Carlaw, and Planning Secretary
Renee Tobias.
Other audience members present included: Wayne Osborne, Mara Heiman, Eric
Turbak, Brittany Bernard, Shannon Thornton, Allison Montgomery, and Austin Phillips.
II. JOINT STUDY SESSION WITH PUBLIC WORKS COMMITTEE
A. Flood Plain/Flood Hazard Area Regulations Update
This is a continuation of the February 3, 2010 special meeting held by the Planning
and Community Development and Public Works Committees to discuss key issues,
ideas and elements for the revision of the City's current floodplain and flood hazard
area regulations, 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.
Assistant City Attorney Steve Gross reported that the Legal Department had
previously advised that an ordinance within the jurisdiction of the Planning
Commission should be reviewed and approved by the Commission well before any
detailed code language was presented to the Committee. However, in this case,
Legal recommends that the complete package of code changes go to both the
Planning Commission and the Committees according to the schedule previously
reviewed.
Environmental Protection Manager Andersen stated that staff would provide an
overview of the alternative floodplain scenarios as requested by Committee
members at the February 3, 2010 meeting.
Planning and Community Development Committee Minutes February 8, 2010
Storm Drainage Engineer Tim Carlaw and Environmental Planner Jennifer Shih
reviewed three FEMA maps with the Committees. Firstly, the 1995 Existing FEMA
Flood Zone (current) map, noting the Special Flood Hazard Areas (SFHA), Channel
Migration Zones, Floodways and Riparian Habitat Zones. Secondly, the 2007 FEMA
proposed digital Flood Insurance Rate Map (FIRM) map. FEMA had hoped to adopt
this map in 2008, but did not. Thirdly, the Appeal FEMA Flood Zone map that King
County and the Valley Cities collaborated on as part of the appeal process. Mr.
Andersen noted that while the FEMA revised floodplain mapping effort is a separate
activity from the development and implementation of the proposed floodplain
regulations, it affects the geographic jurisdiction of the, proposed regulations.
Mr. Gross pointed out that the Riparian Habitat Zones are not buffers in which no
development is allowed, but rather that they are zones within which development
proposals would need to assess potential habitat impacts, and mitigate any impacts
that are identified.
Appendix F- Biological Opinion Checklist
Staff distributed Appendix F. Biological Opinion Checklist from the City of Auburn's
NFIP-ESA Checklist.
Mr. Gross reviewed Appendix F- Biological Opinion Checklist with the Committees.
Jurisdictions must show where its regulations, processes and procedures meet the
minimum criteria for the National Flood Insurance Program (NFIP) and Endangered
Species Act (as clarified by the Biological Opinion).
Item 2: PaR of the Mapping Criteria is new language. When FEMA prepares future
flood plain maps, they will review any changes upstream, zoning changes in the
urban area and look at new levees, higher levees or levee setbacks.
Item 4: The Committee and staff discussed what constituted pre-development
hydrologic conditions, which included forests and trees. Additionally, to assist with
commercial businesses, wording has been added that would allow hazardous
materials to be kept in approved containers above the base floodplain elevation or in
a dry floodproofed non-residential building.
Item 5: This is a new requirement to create Habitat Protection Standards, which
includes a ten percent requirement for improvements or repairs to existing structures
with a footprint requirement and pian to mitigate any adverse impacts. Removal of
native vegetation shall not exceed 35% of the surface area of the site in the
floodplain. Staff explained that that the NMFS Bi-Op language prohibits new road
crossings over streams, but that the draft FEMA model ordinance allows such
crossings as long as any floodplain impacts are mitigated. Staff will contact FEMA
and confirm the City's interpretation of the draft model ordinance that new crossings
are not prohibited, but that the applicant would need to analyze the impact on
protected habitat and mitigate. Based on the FEMA language, staff also believes
that the new requirements do not preclude replacing, repairing, or expanding current
crossings provided the impacts on habitat are analyzed and mitigated.
Page 2
Planning and Community Development Committee Minutes February 8, 2010
Chapter 14.03 - Types of Project Permit Decisions
Mr. Andersen responded to Committee's question regarding Special Home
Occupation permits, stating that there are a very limited number of types of business
that require a Special Home Occupation Permit. For most types of business, if the
applicant meets all of the code requirements for a home occupation, it is an
administrative decision. If the proposed home occupation cannot meet the code
requirements for a Home Occupation Permit, it would require a Special Home
Occupation Permit.
Chapter 15.68 - Flood Hazard Areas
The Committees and staff reviewed the changes to Chapter 15.68 - Flood Hazard
Areas. Assistant City Attorney Steve Gross identified areas of flexibility mostly
related to the Community Rating System (CRS). The City's rating has a direct affect
on how much the citizens pay for flood insurance.
Section 15.68.060.6(3): Where base flood elevation data are not available from
other sources, applicants for new subdivisions and other proposed developments
greater than 50 lots or 5 acres, whichever is the lesser, shall include such data with
their permit applications. Mr. Gross indicated that the City can be more restrictive
and require all applicants to provide the data, not just those in the regulatory flood
plain. Should the city to choose do this, FEMA will giVe extra Community Rating
System credit.
Storm Drainage Engineer Tim Carlaw stated that the National Flood Insurance
Program (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 enter the CRS with a
Class 10 rating, which provides no discount. The City has achieved sufficient points
that it is currently rated a Ciass 5; therefore denoting a 25% discount in premiums for
policy holders. There is opportunity to acquire additional points which may help the
City to achieve a lower class. Once the model ordinance and the scoring of the
Community Rating System are completed, the City will discover if a lower class was
achieved.
Staff answered questions asked by the Committees regarding channel migration
delineation.
Section 15.68.060.N and O: Mr. Gross pointed out several additional Community
Rating System credit opportunities listed in Sections 15.68.060.N and O, noting that
each new requirement may come with some increased cost to the applicant.
Section 15.68.060.GG: At the Committees' request, staff will review 15.68.060.GG
regarding assessed versus appraised value for the cost of restoring substantial
damage to a structure. By being more restrictive, the City would receive additional
CRS credit but the property owner would be limited in repairing the structure.
Section 15.68.125: A new provision that the Hearing Examiner shall hear and decide
appeals.
Page 3
Planning and Community Development Committee Minutes February 8, 2010
Section 15.68.135: A new section addressing the requirements for a Floodplain
Development permits application.
Section 15.68.160.A(4): The requirement for the lowest finished surface elevation
design of all new streets is the 100-year flood elevation. The City receives additional
Community Rating System credit for requiring one foot higher than the 100-year
flood elevation which staff recommends keeping.
Section 15.68.170.A(7): The intent of the language to keep people from being
trapped in a flooded basement. Committee asked staff to revise the language to
better identify the intent.
Committee asked staff to include a recital clause indicating how these regulations came to be,
including the Biological Opinion and associated Federal requirements.
Staff will forward Sections 16, 17, and 18 to the Committee for their review and feedback. Mr.
Gross will consolidate all feedback for discussion at the Committee's respective meeting.
The Committee and staff reviewed the Work Plan for completion of the final model ordinance.
III. ADJOURNMENT
There being no further business to come before the Planning and Community
Development Committee, Co-Chair Wagner adjourned the meeting at 7:08 p.m.
APPROVED THIS DAY OF FEBRUARY, 2010.
Rich Wagner, Co-Chair Lynn Norman, Co-Chair
Renee S. Tobias, Pianning Secretary
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*
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~ WASHINGTON DEVELOPMENTCOMMITTEE
AND
PUBLIC WORKS COMMITTEE
FEBRUARY 3, 2010
SPECIAL MEETING MINUTES
1. 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 Spencer from 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 for the 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 a multi-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). Staff feels they 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 for the two 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 for the 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 enter the 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 (SFHA) 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 floodpiain, 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: A new 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 "developmenY" 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 similar to 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 8th 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 Jennifer Rigsby
Co-Chair Public Works Secretary
Page 5