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HomeMy WebLinkAbout1772Resolution No. 1772 (Amending or Repealing Resolutions) CFN = 1038-Public Works Passed -11 /20/2007 KC 2006 Flood Hazard Management Plan RESOLUTION NO. 17 7cL A RESOLUTION of the ctty counctl of the City of Kent, Washmgton, regardmg the 2006 Flood Hazard Management Plan adopted by the Metropolttan Ktng County Counctl that adopts poltctes and plans for the control and mtttgatton of flood hazards m all watersheds m Ktng County and mcludes a new regtonal fundtng source. RECITALS A. RCW 86.12.210 provtdes that a flood control management plan that mcludes an area where a ctty or town IS located shall be developed by the county wtth full parttctpatton of the ctty or town. B. Kmg County adopted the attached 2006 Flood Hazard Management Plan ("Plan") m January of 2007. Ordtnance No. 15673. C. The Plan puts forward a 10-Year Actton Plan ("Actton Plan") destgned to complete pnonty construction, repatr and mamtenance for flood protectton factltttes and related proJects throughout Kmg County. D. The Actton Plan proposes many proacttve flood nsk reductton proJects and programs. 1 KC 2006 Flood Hazard Management Plan E. Implementation of the Action Plan Will produce the followmg outcomes: • Improve public safety and reduce property damages; • Reduce the nsk of levee and revetment failures by completrng h1gh pnonty cap1tal improvement proJects for flood protectiOn faCJI1t1es; • Further expand the reg1onal Flood Warnrng Center operat1ons and publ1c education and outreach; • Support ongorng updates to ex1strng FEMA floodplain maps and other technical studies m support of effect1ve Implementation of floodplarn regulations; • Expand partnership and collaboration opportunities w1th other floodplarn stakeholders, rncludrng but not l1m1ted to CJtJes, pnvate property owners, tnbes, and watershed forums; and • Prov1de for ongorng nsk assessments rn support of an adaptive management approach to hazard JdentJfJcatJon, solutions development and Plan Implementation. F. The 1mpacts of floodrng rn Krng County are far rangrng and pose s1gmfJcant risk threats to public safety and reg1onal econom1c v1ab11ity. G. King County has the challenge of marntaimng nearly 500 flood protection facilities. H. The Plan advocates for eff1c1ent and environmentally benef1c1al flood nsk reduct1on proJects and solut1ons that stnve to accommodate, rather than oppose, natural nvenne processes. I. Srnce the adoption of the 1993 vers1on of the Plan, over $34 million has been spent to complete over 200 proJects and technical stud1es, w1th a 2-to-1 leverage rate of federal and state funds to local dedicated funds. J. The remarnrng cap1tal needs to protect public safety remarn very s1g n 1f1ca nt. K. The geographic scope of the Plan is countywide. 2 KC 2006 Flood Hazard Management Plan L. The h1stoncal and current fundmg levels, and pay-as-you go cap1tal improvement project approach, have not supported adequate mamtenance of agmg facil1t1es over t1me and will not be suff1c1ent to fund the 1mplementat1on of the Plan. M. After adoption by the County m 2007, the Plan operated to establish and enact the new countywide K1ng County Flood Control Zone D1stnct that mcludes all watersheds w1thm Kmg County and created a new reg1onal fundmg source. N. The new D1stnct should fund the 1mplementat1on of the Plan at an estimated cost of $179 m1111on to $335 m1111on. 0. State laws pertammg to comprehensive flood control management plans requ1re all JUnsdJctJons w1thm the plannmg area to part1c1pate m the development of a comprehensive food hazard management plan and ultimately adopt the plan for 1mplementat1on w1thm their community. P. Following adoption by' a county, a comprehensive flood control management plan 1s bmd1ng on each JUnsdJctlon and speCial d1stnct located w1thm the area mcluded m the plan. Q. The only substantive requ1rement of the 2006 Kmg County Flood Hazard Management Plan IS that the that City comply w1th the mm1mum standards of the Nat1onal Flood Insurance Program and the mm1mum state requirements set out m Sect1on 86.16.041 Rev1sed Code of Washmgton, wh1ch provisions are otherw1se mandatory. R. The adoption of the regional plan, such as the 2006 Kmg County Flood Hazard Management Plan, w1ll work toward reducmg flood msurance rates for properties 1n the City. 3 KC 2006 Flood Hazard Management Plan S. The 2006 Krng County Flood Hazard Management Plan complies wrth the Federal Drsaster Mrtrgatron Act and rts adoptron wrll assure that the crty remarns elrgrble and competrtrve for state and local programs provrdrng technrcal and frnancral assrstance to local communrtres for flood hazard management. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. -Adoption and Ratificatton. The Crty of Kent, actrng pursuant to RCW 86.12 210L adopts and ratrfres the polrcres and proJects of the 2006 Krng County Flood Hazard Management Plan as adopted by Krng County rn Ordrnance No. 15673, attached and rncorporated by thrs reference, specrfrcally rncludrng Polrcy 9-11, whrch provrdes that the crty rs rn complrance wrth the Plan by meetrng the mrnrmum standards of the Natrona! Flood Insurance Program and mrnrmum requrrements pursuant to RCW 86.16.041. SECTION 2. -Public Inspection. The 2006 King County Flood Hazard Management Plan adopted by thrs resolutron shall be fried wrth the Crty Clerk and placed rn the offrces of the Publrc Works Department to be avarlable for rnspectron by the public. SECTION 3. -Severability. If any section, subsectron, paragraph, sentence, clause or phrase of thrs resolutron rs declared unconstrtutronal or rnvalrd for any reason, such decrsron shall not affect the valrd rty of the remarnrng portrons of thrs resolutron. 4 KC 2006 Flood Hazard Management Plan SECTION 4. -Effecttve Date. Th1s resolut1on shall take effect and be 1n force 1mmed1ately upon 1ts passage. PASSED at a regular open public meetmg by the c1ty council of the City of Kent, Washmgton, th1s c2._{) day of November, 2007. CONCURRED m by the mayor of the c1ty of Kent th1s JLO day of November, 2007. ATTEST: ~~~ ... ~ .... ...... . .. ' .. . · ' I hereby certify that th1s 1s a true and correct copy of Resolution No. L2-2.dl- passed by the c1ty counCil of the c1ty of Kent, Washmgton, the ~ day of November, 2007. P \CI\III~es~b~\K.C200&F\oodHazardM<magementP\an doc ....... -----. - 5 KC 2006 Flood Hazard Management Plan I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 KING COUNTY Signature Report January 17, 2007 Ordinance 15673 1200 Kmg County Courtbow.e 516 Thlfd Avenue Seaule. WA 98104 Proposed No. 2006-0293.3 Sponsors Constantine and Hague AN ORDINANCE relating to river and floodplain management, adopting the 2006 King County Flood Hazard Management Plan as a functional plan of the King County Comprehensive Plan; and amending Ordinance 11112, Section 1, and K.C.C. 20.12.480. STATEMENT OF FACTS: 1. Six major river systems flow through King County-the South Fork Skykomish, Snoqualmte, Sammamish, Cedar, Green and White rivers - and their significant tributaries, the Tolt, Raging, Miller and Greenwater rivers. Other tributaries and smaller streams include Tokul creek, Kimball creek, Coal creek (Snoqualmie), Issaquah creek, Fifteen Mile creek and Holder creek. 2. River and stream flooding impact private property, businesses, public and private infrastructure such as parks and utilities, transportation corridors, and can directly and indirectly result in loss of life. 1 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Ordinance 15673 3. King County adopted the policies ofthe 1993 Flood Hazard Reduction Plan as operating principles to guide King County's River Management Program and to meet the intent of the water and natural resource policies ofthe 1994,2000 and 2004 King County Comprehensive Plans. The Flood Hazard Reduction Plan is listed as a functional plan of the King County Comprehensive Plan 2004 in Technical Appendix A (Capital Facilities). 4. The 2006 Flood Hazard Management Plan is an update to the 1993 Flood Hazard Reduction Plan to respond to aging flood protection infrastructure and unmet maintenance needs, new or updated federal regulatory requirements, environmental impacts of past flood hazard management practices and changes in watersheds since 1993. 5. The 2006 King County Flood Hazard Management Plan meets the requirements of the National Flood Insurance Program's Community Rating System, which provides a thirty-five-percent discount on federally- backed flood insurance premiums for un.incorporated King County property owners. Saving are approximately two hundred eighty-three dollars per year for the average flood insurance policy. 6. The 2006 King County Flood Hazard Management Plan complies with the federal Disaster Mitigation Act and will assure that King County remains eligible and competitive for state and federal programs providing technical and financial assistance to local communities for flood hazard management 2 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Ordinance 15673 7. The 2006 King County Flood Hazard Management Plan considers the impact of flood hazard management policies and actions on habitat for Puget Sound Chinook salmon and bull trout, which are ltsted as threatened under the federal Endangered Species Act. 8. The 2006 King County Flood Hazard Management Plan proposes project actions to repair, replace, and in some cases remove, levee and flood protection infrastructure to ensure King County can adequately reduce flood risks and address critical infrastructure needs 9. The 2006 King County Flood Hazard Management Plan is necessary to protect life and safety, valuable public and private property, the regional economy and general welfare of King County and its residents. 10. Implementation of the 2006 King County Flood Hazard Management Plan will require additional funds to ensure timely implementation of the projects and programs that are outlined in the plan to reduce flood risks and infrastructure needs on major rivers in King County and to address subregwnal flood risks and infrastructure needs on tributaries, and that carry out the flood risk policies and other policy objectives of the plan, as are identified by the council, executive and cooperating jurisdictions. 11. The K.ing County executive has transmitted a proposed ordinance (Proposed Ordinance 2006-0334) proposing the formation of a countywide flood control zone district and the dissolution of existing flood control zone districts wtthin the county. 3 Ordinance 15673 63 12. Chapter 7 of the King County Flood Hazard Management Plan 64 identifies the creation of a countywide flood control zone district and an 65 annual assessment as the preferred alternative for financing of projects 66 listed in the plan. Proposed Ordinance 2006-0293 cannot and does not 67 create a county flood control zone distnct or levy an assessment. Creation 68 of such a district can only be accomplished through a separate legislative 69 action by the council. The legislation to accomplish has been transmitted 70 under Proposed Ordinance 2006-0334. Separate legtslation would also be 71 needed to levy an assessment. 72 13. Support for and approval of King County Flood Hazard Management 73 Plan does not constitute a commitment, either by the council as a whole or 74 by individual members of the council, to establish of a specific funding 75 mechanism or tax assessment Further deliberation on funding issues and 76 discusstons with other local governments in King County will take place 77 as part of the council's deliberation on Proposed Ordinance 2006-0334 7& establtshing a county flood control zone district. 79 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: 80 SECTION 1. Ordinance 11112, Section 1, and K.C.C. 20.12.480 are each hereby 81 amended to read as follows: 82 The King County Flood Hazard ((Redaetien)) Management Plan ((pelieies)), as 83 shown in Attachment ((A [te Onlinaaee 11112] ood ineerperated herein by reference, 84 are)) A to tl:tis ordinance is adopted as ((epe1atmg princ-iples)) a functional plan to guide 85 King County's ((fleed hlli!ard reduetien)) river and floodplain management program((s)) 4 Ordinance 15673 86 and to meet the intent of the ((vrater and natuml resouree)) natural environment. and 87 facilities and services policies ofthe King County Comprehensive Plan. As an 88 amplification and augmentation of the King County Comprehensive Plan, ((tb3 policies)) 89 the flood hazard management plan constitute§. official county policy with regard to 90 ((flood hazard reduction and flood plam)) nver and floodplain management in King 91 County. For each site-specific project, such as levee improvements or concentrated areas 92 of home buyouts or elevanons. a project summary is included to provide a better 93 understanding of the flood or erosion conditions of concern and the action or actions 94 proposed to address them. Project summaries. and references to easements, buffers or 95 levee improvements, including levee laybacks, in connection with such project 96 summaries are intended to function at the level of planning docmnents and do not assume 97 that the nature and scope of each of the described projects are the final project or action 98 that are described m this chapter 5 or in Appendices E. F and G of Attachment A to this 99 ordinance. The proposed projects and actions are not mtended to substitute for the site- 100 specific analwis to determine what is required for each of the site specific capital projects 101 that will be recommended and adopted as part of an annual capital improvement plan. 102 The prionty, scope, nature and cost of the proposed projects or actions may change as the 103 hydraulic, engineering and geotechnical conditions at each site are analyzed in greater 104 detml, and as engineenng alternatives are developed. analyzed, revtewed and negotiated 105 with federal. state. local and tnbal agenctes and affected property owner or owners. 106 However, whtle the plan sets forth what the county currently believes are best practices, 107 nothing m this plan creates or precludes the creation of new land use requirements, Jaws 108 or regulations. For the reach ofthe Tukwila 205 levee and any extensions thereof 5 Ordinance 15673 109 between South 180th Street and South 204th Street. the setback, easement, and slope 110 design recommendations of the King County Flood Hazard Management Plan are 111 satisfied if the repair, extension or modification of an existing levee or the design of a 112 new levee meet the design guidelines and factors of safety in United States Army Corps 113 of Engineers Engineering Manual for the Design and Construction of Levees (EM 1110- 114 2-1913) dated April30, 2000, as most currently updated. 115 SECTION 2. It is the mtent of the county to take timely action to ensure adequate 116 funding is available for the implementation of proJects and programs that are outlined in 117 the plan to reduce flood risks and infrastructure needs on major rivers in King County 118 and to address such subregional flood risks and infrastructure needs on tributaries and in 119 jurisdictions that have regulations consistent with the plan, that carry out the flood risk 120 policies and other policy objectives of the plan, as may be identified by the executive, the 121 executive's staff and cooperating Jurisdictions. Such subreg10nal flood risks and 122 infrastructure needs as may be identified would also recognize past investments in flood 123 risk reduction and local cost shares for any future funding. ' 124 SECTION 3. Severability. If any provision of this ordinance or its application to 6 Ordinance 15673 125 any person or circumstance is held invalid, the remainder of the ordinance or the 126 application of the provisiOn to other persons or circumstances is not affected. 127 Ordinance 15673 was introduced on 7/10/2006 and passed as amended by the Metropolitan King County Counctl on 1/16/2007, by the following vote: ATIEST: Yes: 9-Mr. Gossett, Ms. Patterson, Ms. Lambert, Mr. von Reichbauer, Mr. Dunn, Mr. Ferguson, Mr. Phillips, Ms. Hague and Mr. Constantine No:O Excused: 0 ICING COUNTY COUNCIL KING COUNTY, WASHINGTON Anne Noris, Clerk of the Council APPROVED this 24. dayof::s;:.,.\.o.41., ,2007. Q' /1 \ ~ Attachments Ron Sims, County Executive :r.: '., "" = = ....... c.... ~::.:1 .. , . -~ A. 2006 King County Flood Hazard Management Plan dated December 5~006 c.,_> -~. 1 0"\ 7 c:- 0