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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 09/26/2016 (2) For documents pertaining to the Land Use and Planning Board, access the City’s website at: http://kentwa.iqm2.com/citizens/Default.aspx?DepartmentID=1004. Any person requiring a disability accommodation should contact the City Clerk’s Office in advance at (253) 856 -5725. For TTY/TDD service call the Washington Telecommunications Relay Service at (800) 833-6388. For general information, contact Economic & Community Development Department, Planning Division at (253) 856-5454. 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 - Re: Flood Hazard Regulations