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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 09/26/2016 LAND USE AND PLANNING BOARD MINUTES KENT WAS HiN6TON SEPTEMBER 26, 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; Barbara Phillips and Randall Smith were in attendance. Jack Ottini was absent and excused. ® City Staff: Charlene Anderson, AICP, Long Range Planning Manager; Chris Wadsworth, CFM, Civil Engineering Designer II; were in attendance. 3. Approval of Minutes Board Member Phillips MOVED and Board Member Smith SECONDED a Motion to Approve the Minutes of July 25, 2016. MOTION PASSED 4-0 with Ottini absent. 4. Added Items None S. Communications None 6. Notice of Upcoming Meetings None 7. Public Hearing FLOOD HAZARD REGULATIONS [ZCA-2016-101 Chair Cornelius introduced this item as consideration of amendments to Kent City Code 14.09 to modify the Substantial Improvement Definition, add a Substantial Damage Definition, 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. Cornelius opened the Public Hearing. Wadsworth stated two changes to the cities Flood Hazard Regulations KCC 14.09.220 are being proposed, to ensure compliance with FEMA's mandatory minimums for participation in the National Flood Insurance Program (NFIP). The city is required to maintain minimum flood hazard regulations. The city's regulations were audited in 2008. In September 2015 FEMA conducted an audit of the city, an effort lead by the Washington State Department of Ecology (DOE), FEMA's agent for conducting audits at the local level. A follow-up letter was sent to the Mayor's office in March 2016, officially notifying the City of corrective actions that need to be taken to maintain compliance with FEMA's mandatory minimums. The audit consisted of field inspecting a handful of sites located in flood plains, that had been permitted since the City's previous audit in 2008, as well as reviewing the City's Flood Hazard Regulations Ordinance KCC 14.09. During the review areas were identified as not meeting FEMA's mandatory minimum regulations resulting in two proposed changes to the Flood Hazard Regulations. The first change is the addition of a definition for the term `Substantial Damage', with Wadsworth stating that there is already a term for `substantial improvement' in the active code. Cities and Counties across the Country enforce their perspective codes from one of these two perspectives. FEMA requires that both definitions be present in our code, regardless of which perspective we choose to enforce. The addition of a definition for substantial damage does not constitute a substantive change and is only procedural in nature. The second change has to do with permit applicants obtaining variances from the city's flood hazard regulations. Section 14.09.220 currently redirects to the City's Critical Areas Ordinance, KCC 11.06. This applies to variances from critical areas but isn't only specific to flood plains. In an effort to create a flood hazard ordinance that isn't shackled to other code sections; the reference to KCC 11.06 has been removed and the sections have been rewritten using language from KCC 11.06 as a starting point to tailor it specifically to variances from flood hazard regulations. The DOE representative who conducted the flood insurance audit reviewed the proposed code changes and agrees they will bring KCC Chapter 14.09 into compliance with FEMA mandatory minimums. Next steps include going before the Public Works Committee, Economic and Community Development Committee, and to City Council for approval and implementation. Once code changes take effect, the City will close its audit file with FEMA and complete our community assistance visible report. This ensures continued participation in the National Flood Insurance Program and will benefit anyone in Kent looking to insure their homes, businesses or belongings against flood issues. Seeing no speakers, Chair Cornelius called for a motion to close the Public Hearing. Board Member Jones MOVED and Board Member Smith Seconded a Motion to close the public hearing. Motion PASSED 4-0. Chair Cornelius declared the Public Hearing Closed and Called for a Motion. Board Member Jones MOVED and Board Member Smith Seconded a Motion to recommend to the City Council approval of amendments to Chapter 14.09 of the Kent City, entitled Flood Hazard Regulations, to address audit tasks identified through a Community Assistance Visit by the Federal Emergency Management Agency (FEMA). Motion PASSED unanimously with 4 Yeas. Adjournment Chair Cornelius adjourned the me ting at 7:15 pm. Charlene Anderson, AICP, Long Ran e Planning Manager, LUPB Board Secretary Land Use & Planning Board Minutes September 26, 2016 Page 2 of 2