HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 09/26/2016 (2)
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ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue South
Kent, WA 98032-5895
PUBLIC HEARING
AGENDA
LAND USE & PLANNING BOARD
SEPTEMBER 26, 2016
7:00 P.M.
BOARD MEMBERS: Frank Cornelius, Chair; Katherine Jones, Vice Chair; Jack
Ottini, Barbara Phillips, Randall Smith
CITY STAFF: Charlene Anderson, Long Range Planning Manager; Chris
Wadsworth, CFM, Civil Engineering Designer II
This is to notify you that the Land Use and Planning Board will hold a Public Hearing
on Monday, September 26, 2016 at 7:00 p.m. The public hearing will be held in
Kent City Hall, City Council Chambers, 220 Fourth Avenue S, Kent, WA. The public
is invited to attend and all interested persons will have an opportunity to speak at
the public hearing, provided, however, that comments shall be limited to only those
items for which the public hearing is being held. Any person wishing to submit oral
or written comments on the proposed amendment under consideration at the public
hearing may do so at the hearing or prior to the hearing by email to Charlene
Anderson at: canderson@kentwa.gov.
The agenda will include the following item(s):
1. Call to order
2. Roll call
3. Approval of the July 25, 2016 Minutes
4. Added Items
5. Communications
6. Notice of Upcoming Meetings
7. PUBLIC HEARING:
FLOOD HAZARD REGULATIONS [ZCA-2016-10]
Consideration of amendments to Kent City Code 14.09 to modify the Substantial
Improvement Definition, add a Substantial Damage Definition, and complete a
rewrite of the Variances from flood hazard regulations to meet Federal Emergency
Management Act (FEMA) mandatory minimum requirements for participation in the
National Flood Insurance Program. Chris Wadsworth
8. Adjournment
LAND USE AND PLANNING BOARD
MINUTES
JULY 25, 2016
1. Call to Order
Chair Cornelius called the meeting to order at 7:00 pm
2. Roll Call
• LUPB Members: Frank Cornelius Chair; Katherine Jones Vice Chair; Jack
Ottini, Barbara Phillips and Randall Smith were in attendance.
• City Staff: Charlene Anderson, AICP, Long Range Planning Manager; Shawn
Gilbertson, Environmental Engineering Supervisor; and David Galazin,
Assistant City Attorney were in attendance.
3. Approval of Minutes
Board Member Jones MOVED and Board Member Smith SECONDED a
Motion to Approve the Minutes of June 27, 2016. MOTION PASSED
Unanimously 5-0.
4. Added Items
None
5. Communications
None
6. Notice of Upcoming Meetings
None
7. Public Hearing
OUTDOOR STORAGE CODE AMENDMENT [ZCA-2016-8]
Planning Manager Charlene Anderson stated that the purpose of this code amendment
is to amend Section 15.02.315 of the Kent City Code, entitled “Outside storage” to
include the term “Outdoor or” to provide clarity that outdoor storage and outside
storage have the same meaning, and to resolve problems associated with code
enforcement actions that refer to code sections that refer to ‘outdoor storage’.
Cornelius opened the Public Hearing. Seeing no speakers, Chair Cornelius closed the
Public Hearing and called for a Motion.
Board Member Jones MOVED and Board Member Smith Second a Motion to
recommend to the City Council approval of an amendment to section
15.02.315 of the Kent City Code, entitled “Outside storage,” to include the
term “Outdoor or” to provide clarity that outdoor storage and outside storage
have the same meaning. Chair Cornelius called for the vote. Motion PASSED
Unanimously with 5 Yeas.
Land Use & Planning Board Minutes
July 25, 2016
Page 2 of 2
SANITARY SEWER CODE AMENDMENT [ZCA-2016-7]
Gilbertson submitted the ‘Summary of Proposed Changes’ defined as Exhibit 1 for the
record.
Gilbertson stated that the purpose of this amendment is to adopt an updated version
of the sanitary sewer code section (KCC 7.04), last updated 25 years ago. Updates
define Fat, Oil and Grease (FOG) facilities, and clarify what a FOG unit device is. He
described the function of FOG facilities and stated that updated definitions mirror the
Uniform Plumbing Code. Gilbertson explained that the Code includes additional
enforcement provisions and updates code enforcement strategies, creates criminal
penalties for negligent or knowing violations of the City’s Sewer Code, and allows the
City to recover costs incurred in responding to violations.
Galazin further defined the civil infraction and judicial process; explaining that the new
code adds language to address criminal offense and penalty levels.
Gilbertson spoke about edits made to account for technological advances in sewer
pretreatment and for consistency with state and federal sewer and stormwater
regulations.
At the conclusion of the presentation, Chair Cornelius MOVED and Board
Member Smith SECONDED a Motion to admit Exhibit 1 into the record. Motion
PASSED 5-0.
Cornelius opened the Public Hearing. Seeing no speakers, Chair Cornelius closed the
Public Hearing and called for a Motion.
Board Member Phillips MOVED and Board Member Ottini SECONDED a Motion
to recommend to the full City Council Approval of the Ordinance to repeal the
current sanitary sewer code (Kent City Code Chapter7.04) and re-adopt an
updated version. Chair Cornelius called for the vote. Motion PASSED
unanimously with 5 yeas.
Adjournment
Chair Cornelius adjourned the meeting at 7:25 pm.
______________________________________________
Charlene Anderson, AICP, Long Range Planning Manager,
LUPB Board Secretary
PUBLIC WORKS DEPARTMENT
Tim LaPorte, P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
220 Fourth Avenue S.
Kent, WA 98032-5895
September 26, 2016
TO: Chair Frank Cornelius and Land Use and Planning Board Members
FROM: Chris Wadsworth, CFM, Civil Engineering Designer II
RE: Proposed Revisions to KCC 14.09 Flood Hazard Regulations [ZCA-2016-10]
For September 26, 2016 Hearing
SUMMARY: At the September 12th workshop, the Land Use and Planning Board
authorized staff to proceed to a public hearing regarding amendments to Chapter 14.09
of the Kent City Code, entitled Flood Hazard Regulations. These amendments address
tasks identified by FEMA to meet the mandatory minimum requirements for participation
in the National Flood Insurance Program (NFIP). The changes include modification of
the definition of Substantial Improvement, the addition of a definition for Substantial
Damage, and a rewrite of the variances from flood hazard regulations. These changes
provide several benefits beyond ensuring the City’s continued participation in the NFIP.
They allow for a more comprehensive picture when assessing damages to existing
structures from flood waters, and any other type of damage. They close a potential
loophole that may have allowed for development to extend into a regulatory floodway as
well as detach the ordinance from KCC 11.06 as it is currently written. These provide the
City with valuable tools in enforcing its flood hazard regulations.
BACKGROUND: A requirement of the city’s participation in the NFIP is enforcement of
FEMA’s mandatory minimum flood hazard regulations. The city’s participation is audited
by FEMA periodically to ensure that mandatory minimums are being met or exceeded.
The method for this audit is called a Community Assistance Visit (CAV). FEMA conducted
a CAV with the city on December 1st, 2015, and sent a follow-up letter on March 7, 2016
indicating areas that were suspected as being inadequate. The City is working to
complete all tasks outlined in the CAV letter by the deadline of December 30th, 2016.
BUDGET IMPACT: None
STAFF RECOMMENDATION: Staff recommends approval of the proposed
amendments to Chapter 14.09 of the Kent City Code.
CA:CW:pm S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2016\ZCA-2016-10 Flood Haz Regulations\LUPB Hearing Memo_Flood Hazard Regs 9-26-16.doc
Enc: Draft Ordinance
cc: Tim LaPorte, Public Works Director
Charlene Anderson, AICP, Long Range Planning Manager
MOTION: Recommend to the City Council approval/denial/modification of
amendments to Chapter 14.09 of the Kent City Code, entitled Flood Hazard
Regulations, to address audit tasks identified through a Community
Assistance Visit by the Federal Emergency Management Agency (FEMA).
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Section
14.09.010 and Section 14.09.220 of the Kent City
Code pertaining to flood hazard regulations.
RECITALS
A. On December 1st, 2015 a Community Assistance Visit (CAV)
was made by the Federal Emergency Management Agency (FEMA) to
ensure the enforcement of federal mandatory minimum flood hazard
regulations required for participation as a community in the National Flood
Insurance Program (NFIP).
B. Two changes to the city’s current flood hazard regulations
(Ch. 14.09 KCC) are required to ensure compliance with FEMA’s
mandatory minimums for participation in the NFIP. The changes apply to
the city’s flood hazard definitions (KCC 14.09.010) and flood hazard
variances (KCC 14.09.220) sections.
C. The required change to KCC 14.09.010 adds a definition for
Substantial Damage and ties the new language to the current definition for
Substantial Improvement. The definition for Substantial Improvement is
also updated to reflect the added definition. The revised language presents
1 Amend KCC 14.09 -
Re: Flood Hazard Regulations
a more comprehensive picture when assessing damages to existing
structures.
D. The required change to KCC 14.09.220 replaces the current
code language with a more detailed process for obtaining a variance from
flood hazard regulations, and closes a potential loophole that may have
allowed for development to extend into a regulatory floodway. This change
has the ancillary benefit of detaching KCC 14.09.220 from KCC 11.06.100.
E. The State Environmental Policy Act (SEPA) responsible official
has determined that the proposed Kent City Code amendments do not
reflect significant changes to amendments to Chapter 14.09 KCC
completed in 2015, where environmental review resulted in issuance on
April 3, 2015, of an Addendum to the City’s Comprehensive Plan
Environmental Impact Statement, and further SEPA analysis is not
required for these local code amendments.
F. A draft version of this ordinance was submitted to the
Washington State Department of Commerce for expedited review on
September ______, 2016. The ordinance was considered by the City Land
Use and Planning Board after a duly noticed public hearing on September
26, 2016. This ordinance was also considered by the Economic and
Community Development Committee on October 10, 2016, which
recommended Council adopt this ordinance. Council has considered this
ordinance, together with all public comment, and has determined that
adoption is appropriate.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
2 Amend KCC 14.09 -
Re: Flood Hazard Regulations
ORDINANCE
SECTION 1. - Amendment. Section 14.09.010 of the Kent City
Code, entitled “Definitions,” is hereby amended as follows:
Sec. 14.09.010 Definitions. The following words, terms, and
phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different
meaning:
A. Appeal means a request for review of any final action pursuant to
this chapter, or of the interpretation of any provision of this chapter by any
city official.
B. Area of shallow flooding means the land within the floodplain where
the base flood depths range from one to three feet; a clearly defined
channel does not exist; the path of flooding is unpredictable and
indeterminate; and velocity flow may be evident.
C. Base flood means the flood having a one percent chance of being
equaled or exceeded in any given year, also referred to as the 100-year
flood.
D. Base flood elevation means the actual elevation (in mean sea level)
of the water surface of the base flood determined by the Federal
Emergency Management Agency (FEMA) or other qualified person or
agency as described in this chapter.
E. Basement means any area of the building having its floor subgrade
(below ground level) on all sides.
3 Amend KCC 14.09 -
Re: Flood Hazard Regulations
F. Best available data means: (1) the data provided by FEMA in a
scientific and engineering report entitled Flood Insurance Study for King
County, Washington and Incorporated Areas, dated May 16, 1995, along
with the accompanying Flood Insurance Rate Map (FIRM), including any
subsequent revisions thereto; or (2) hydrologic and hydraulic analyses
performed in accordance with standard engineering practice and in
accordance with FEMA standards contained in 44 C.F.R. Part 65.
G. Compensatory flood storage means any new, excavated flood
storage volume equivalent to any flood storage capacity which has been or
would be eliminated by filling or grading within the special flood hazard
area. The compensatory flood storage must be provided within the special
flood hazard area and be free draining.
H. Critical facility means a facility for which even a slight chance of
flooding might be too great. Critical facilities include, but are not limited to,
schools, nursing homes, hospitals, police, fire, and emergency response
installations; and public and private facilities which produce, use, or store
hazardous materials or hazardous waste as defined by the State
Department of Ecology.
I. Development means any proposed or actual manmade changes to
improved or unimproved real estate, including, but not limited to, buildings
or other structures, mining, dredging, filling, grading, paving, excavation,
drilling operations located within the special flood hazard area and other
site preparation activities, storage of materials or equipment, subdivision
of land, removal of substantial amounts of vegetation, or alteration of
natural site characteristics.
J. Director means the city of Kent economic and community
development director or the director’s designee.
4 Amend KCC 14.09 -
Re: Flood Hazard Regulations
K. Fill means the addition of soil, sand, rock, gravel, sediment, walls,
structures and their associated internal volume, or other material by
artificial means.
L. Flood or flooding means a general and temporary condition of partial
or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters;
2. The unusual and rapid accumulation of runoff of surface water
from any source.
M. Flood fringe means the portion of the special flood hazard area
outside of the floodway which is generally covered by floodwaters during
the base flood.
N. Flood Insurance Rate Map (FIRM) means the official map on which
FEMA has delineated both the special flood hazard areas and the risk
premium zones applicable to the community.
O. Flood insurance study means the official report provided by FEMA
that includes flood profiles, the FIRM, and the water surface elevation of
the base flood.
P. Flood protection elevation means is a minimum of two feet above
the base flood elevation.
Q. Flood season means the period from October 1st to March 31st
during which, historically, the frequency, distribution, and volume (inches
5 Amend KCC 14.09 -
Re: Flood Hazard Regulations
of rainfall) of storms in the Green River Basin have been the largest and all
known major floods have occurred.
R. Floodplain means that portion of a river or stream channel and
adjacent lands which are subject to the base flood flooding.
S. Floodway means the channel of the stream and that portion of the
adjoining special flood hazard area which is necessary to contain and
discharge the base flood flow without increasing the base flood elevation
more than one foot.
T. Lowest floor means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood-resistant enclosure, usable
solely for parking of vehicles, building access, or storage, in an area other
than a basement area, is not considered a building’s lowest floor;
provided, that such enclosure is not built so as to render the structure in
violation of the applicable nonelevation design requirements of this
chapter.
U. Manufactured home means a structure, used for residential or
commercial purposes, transportable in one or more sections, which is built
on a permanent chassis and is designed for use with or without a
permanent foundation when connected to the required utilities. For
floodplain management purposes the term manufactured home also
includes park trailers, travel trailers, and other similar vehicles placed on a
site for greater than 180 consecutive days. For insurance purposes the
term manufactured home does not include park trailers, travel trailers, and
other similar vehicles.
6 Amend KCC 14.09 -
Re: Flood Hazard Regulations
V. Manufactured home park or subdivision means a parcel (or
contiguous parcels) of land divided into two or more manufactured home
lots for rent or sale.
W. No net fill means that if any fill is brought on to a site for the
construction of a structure or access road then an equal amount of
soil/material will be removed from the site. Earthen fill must be obtained
from the same site, to the extent practicable. The soil removed must be
from within the boundaries of the site, to the extent practicable, and from
within the special flood hazard area. If not practical, soil could be removed
from property in the immediate vicinity and within the special flood hazard
area. The area from which the soil is removed must be able to drain
completely into the adjoining watercourse following a flood.
X. New construction means structures for which the start of
construction commenced on or after the effective date of the ordinance
codified in this chapter.
Y. Recreational vehicle means a vehicle which is:
1. Built on a single chassis;
2. Four hundred square feet or less when measured at the
largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a
light duty truck; and
4. Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
7 Amend KCC 14.09 -
Re: Flood Hazard Regulations
Z. Special flood hazard area means the total area subject to inundation
by the base flood identified by FEMA in a report entitled The Flood
Insurance Study for King County, Washington and Incorporated Areas,
dated May 16, 1995, with accompanying pages on file with King County or
the city of Kent department of economic and community development.
AA. Start of construction includes substantial improvement, and means
the date a building permit was issued, provided the actual start of
construction, repair, reconstruction, placement, or other improvement was
within 180 days after the permit issuance date. The actual start means
either the first placement of permanent construction of a structure on a
site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or
the placement of a manufactured home on a foundation. Permanent
construction does not include submission of an application for development
or land preparation, such as clearing, grading, and filling; nor does it
include the installation of streets or walkways; nor does it include
excavation for a basement, footings, piers, or foundations or the erection
of temporary forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling
units or not part of the main structure.
BB. Structure means that which is built or constructed, or an edifice or
building of any kind or any piece of work composed of parts joined
together in some definite manner, and includes posts for fences and signs.
It specifically includes buildings that are not fully enclosed on all sides
where the orientation may affect the flow of floodwaters, but does not
include mounds of earth or debris.
8 Amend KCC 14.09 -
Re: Flood Hazard Regulations
CC. Substantial improvement means any repair, remodeling,
reconstruction, or improvement of a structure, the cost of which equals or
exceeds 50 percent of the appraised fair market value of the structure
either:
1. Before the improvement or repair is started; or
2. If the structure has been damaged, regardless of whether or
not it is determined to be substantial damage, and is being restored,
before the damage occurred.
For the purposes of this definition, substantial improvement is considered
to occur when the first alteration of any wall, ceiling, floor, or other
structural part of the building commences, whether or not that alteration
affects the external dimensions of the structure.
The term does not, however, include either:
a. Any project for improvement of a structure to correct
an existing violation of state or local health, sanitary, or safety code
specifications, as identified by the local code enforcement official, and
which is the minimum necessary to assure safe living conditions; or
b. Any alteration of a structure listed on the National
Register of Historic Places or a recognized state or local inventory of
historic places.
DD. Substantial damage means damage of any origin sustained by a
structure whereby the cost of restoring the structure to its before damaged
condition would equal or exceed 50 percent of the market value of the
structure before the damage occurred.
9 Amend KCC 14.09 -
Re: Flood Hazard Regulations
SECTION 2. - Amendment. Section 14.09.220 of the Kent City
Code, entitled “Variances,” is hereby amended as follows:
Sec. 14.09.220 Variances. Variances shall be completed in
accordance with those variance provisions identified in the city of Kent
critical areas code found in Chapter 11.06 KCC, as amended.
Applications for variances from the strict application of the terms of this
chapter to a specific property may be submitted to the city. All variances
shall be considered by the hearing examiner as a Process III application,
pursuant to Chapter 12.01 KCC. Approval of variances from the strict
application of flood hazard regulations shall be consistent with the
following criteria:
1. There are unique physical conditions peculiar and inherent to
the affected property that make it difficult or infeasible to strictly comply
with the provisions of this chapter.
2. The variance is the minimum necessary to accommodate the
building or structure footprint and access.
3. The proposed variance would preserve the functions and
values of the flood hazard area, and the proposal does not create or
increase a risk to the public health, safety, and general welfare, or to
public or private property.
4. The proposed variance would not adversely affect properties
surrounding the subject site.
5. Adverse impacts to flood hazard areas resulting from the
proposal are minimized.
6. The special circumstances of conditions affecting the property
are not a result of the actions of the applicant or previous owner.
7. The variance shall not constitute a grant of special privilege.
10 Amend KCC 14.09 -
Re: Flood Hazard Regulations
8. No variance shall be approved within a floodway that would
cause an increase in the Base Flood Elevation.
SECTION 3. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 4. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 5. – Effective Date. This ordinance shall take effect and
be in force 30 days from and after its passage, as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
SUE HANSEN, INTERIM CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
11 Amend KCC 14.09 -
Re: Flood Hazard Regulations
PASSED: day of , 2016.
APPROVED: day of , 2016.
PUBLISHED: day of , 2016.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
SUE HANSEN, INTERIM CITY CLERK
P:\Civil\Ordinance\14.09 Flood Hazard Regulations-Variances.docx
12 Amend KCC 14.09 -
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