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SEPA E03-026 - CITY OF TUKWILA / PUBLIC WORKS - FLOOD CONTROL ZONE ORDINANCE UPDATE
NEW FLOOD ORDINANCE E03 -026 • City of Tukwila • Steven M. Mullet, Mayor Department of Community Development NOTICE OF DECISION To: Jim Morrow, Director, Department of Public Works Federal Emergency Management Agency State Department of Ecology, SEPA Division Steve Lancaster, Director December 12, 2003 PROJECT: Proposed Flood Control Zone Ordinance FILE NUMBERS: E03 -026 ASSOCIATED FILES: None APPLICANT: City of Tukwila Department of Public Works REQUEST: Environmental review of proposed ordinance updating the City's flood control zone regulations to bring City's regulations into compliance with current Federal Emergency Management Agency (FEMA) requirements. LOCATION: All flood prone lands throughout the City This notice is to confirm the decision reached by Tukwila's SEPA Official to issue a Determination of Non - significance (DNS) for the above project based on the environmental checklist. Project materials including the application, any staff reports, and other studies related to the permits are available for inspection at: Tukwila Department of Community Development 6300 Southcenter Blvd., Suite 100 Tukwila, WA 98188 Monday through Friday, 8:30 a.m. - 5:00 p.m. The project planner is Carol Lumb, who may be contacted at (206) 431 -3661 for further information. The decision is appealable to the Superior Court pursuant to the Judicial Review of Land Use Decisions, Revised Code of Washington (RCW 36.70C). c:\mydocs/Flood Control Zone Ord./NotDec.doc 6300 Southcenter Boulevard, Suite #100 0 Tukwila, Washington 98188 0 Phone: 206 - 431 -3670 0 Fax: 206 - 431 -3665 City of Tukwila • Department of Community Development / 6300 Southcenter BL, Suite 100 / Tukwila, WA 98188 / (206) 431 -3670 DETERMINATION OF NON - SIGNIFICANCE (DNS) File Number: E03-026 Applied: 11/06/2003 Issue Date: 12/12/2003 Status: ISSUED Proponent: TUKWILA DEPT. OF PUBLIC WORKS Lead Agency: City of Tukwila Description of Proposal: PROPOSED UPDATE OF FLOOD CONTROL ZONE ORDINANCE Location of Proposal: Address: Parcel Number: Section /Township /Range: CITY -WIDE The City has determined that the proposal does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21 c.030(2) (c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. Steve Lancaster, Responsible Official City of Tukwila 6300 Southcenter Blvd Tukwila, WA 98188 (206)431 -3670 I2 -∎2-03 Date Any appeal shall be linked to a specific governmental action. The State Environmental Policy Act is not intended to create a cause of action unrelated to a specific governmental action. Appeals of environmental determinations shall be commenced within the time period to appeal the governmental action that is subject to environmental review. (RCW 43.21C.075) doc: Miscperm E03 -026 Printed: 12 -12 -2003 • City o,%/"l1uIIl (.i Steven M. Mullet, Mayor Department of Comm Community Development Steve Lancaster, Director MEMORANDUM December 12, 2003 To: Steve Lancaster, Director 1 Fm: Carol Lumb, Associ anner Re: Project File No. E03 -0026: Proposed Flood Control Zone Ordinance Project Description: Adopt a revised Flood Control Zone Ordinance that meets the current FEMA (Federal Emergency Management Agency) standards and requirements to regulate uses throughout the City of Tukwila in the flood zone. Proponent: Tukwila Department of Public Works Location: All flood zones within the City shown on the FEMA maps and all flood -prone areas designated by the Public Works Director. Date prepared: November, 2003 Lead Agency: City of Tukwila, Department of Community Development Challenges to Document: None Other Agencies of Jurisdiction: Department of Ecology 6300 Southcenter Boulevard, Suite #100 0 Tukwila, Washington 98188 0 Phone: 206 - 431 -3670 0 Fax: 206 - 431 -3665 SEPA Review — E03 -026 Flood Control Zone Ordinance December 12, 2003 • • Recommendation: Determination of Non - Significance (DNS) Existing Environmental Information: • Flood Insurance Study • Green River Management Study Comments on SEPA Checklist: None received. Background: The current flood ordinance was adopted in 1980 and updated in 1988. The proposed ordinance will bring City regulations into compliance with FEMA standards and requirements. Both the existing ordinance and the proposed include standards and provisions that encourage sound flood plain management and also allow property owners to obtain flood insurance at a more affordable rate. The proposed ordinance changes some definitions, clarifies requirements for anchoring manufactured homes, defines the Public Works director's responsibilities for administration, development review, information management and watercourse alteration. The proposed ordinance also spells out required permit information and sets development standards such as anchoring, materials and methods, and utilities for subdivisions, residential and manufactured homes, critical facilities and nonresidential construction in the flood zone. Summary of Primary Impacts: Earth The type of soils found in the flood zone varies as the flood prone lands are located throughout the City. The ordinance will not cause erosion or create impervious surfaces. Air The proposed ordinance will have no effect on air quality in Tukwila. Water The proposed ordinance applies to development and other activities within the 100 - year flood plain on lands adjacent to the Green/Duwamish River and streams in c:Mydocs/Flood Control Zone Ord. /sepa -rpt SEPA Review — E03 -026 Flood Control Zone Ordinance December 12, 2003 • • Tukwila that are determined to be flood prone. The flow of the river is controlled by Howard Hanson Dam. The lower reaches of the river within the City limits are tidally affected. A dyke and levee system runs along the majority of the river, which limits potential flooding. Plants Vegetation along the watercourses varies from formal landscaping to native plants to invasive plant species such as blackberry. The proposed ordinance will have no affect on vegetation. Animals The proposed ordinance will have no effect on the wildlife found in Tukwila. The SEPA Checklist notes that songbirds, hawks, herons eagles have been observed in the City adjacent to the affected watercourses. The City is located along the Pacific Flyway migration route. Puget Sound Chinook salmon are found in the Green/Duwamish River and have been identified as a threatened species. Energy/Natural Resources Not applicable. Environmental Health Development standards in the proposed ordinance aim to prevent debris and sewage from entering flood waters and to protect utilities and structures from flood damage. Land/Shoreline Uses The proposed ordinance will continue to regulate uses in the flood zone to prevent damage to structures and hazards to individuals. Existing zoning and comprehensive plan designations will remain the same, which ranges from single family residential to industrial and commercial. Housing Not applicable. 3 c:\mydocs/Flood Control Zone Ord. /sepa -rpt SEPA Review — E03 -026 Flood Control Zone Ordinance December 12, 2003 Aesthetics Not applicable. Light/Glare Not applicable. Recreation Not applicable. Historic /Cultural Preservation Not applicable. Transportation Dike /levee access for maintenance purposes is ensured by easements and connections to the public right -of -way. Public Services The purpose of the proposed ordinance is to reduce flood hazards, protect public facilities and reduce the need for public services and emergency response. Utilities Not applicable. Supplemental Information for Nonproject Actions The proposed ordinance is not likely to increase discharge to water, emissions to air, production, storage or release of toxic or hazardous substances or production of noise. The purpose of the ordinance is to continue to regulate development in the flood zone to prevent hazardous conditions in the event of a flood. The proposed ordinance will create a more stable environment for plants, animals, fish and marine life by not increasing flood levels and reducing erosion and debris due to flooding and reducing sewage entering surface waters during flooding. 4 c:\rnydocs/Flood Control Zone Ord. /sepa -rpt SEPA Review — E03 -026 Flood Control Zone Ordinance December 12, 2003 • • Recommendation Determination of Nonsignificance 5 c:\mydocs/Flood Control Zone Ord. /sepa -rpt City of Tukwila Department of Community Development 6300 Southcenter Boulevard Tukwila, WA 98188 -2599 Federal Emergency Management Agency 130 228th Street SW Bothell, WA 98021 -8627 Dept. Of Community Development City of Tukwila AFFIDAVIT OF DISTRIBUTION 1, i.AsSoLvi gad< HEREBY DECLARE THAT: Notice of Public Hearing K Determination of Non - Significance r Person requesting mailing: / 4IL Notice of Public Meeting Mitigated Determination of Non- Significance Board of Adjustment Agenda Pkt Determination of Significance & Scoping Notice Board of Appeals Agenda Pkt Notice of Action Planning Commission Agenda Pkt Official Notice - Short Subdivision Agenda Notice of Application Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit __ _ FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box 70 - Seattle WA 98111 Other N 5fiCe V ,.US, 1/1, Was mailed to each of the addresses listed on this � day o f• in the year 2003 P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM Project Name: ?(i)144Q 4 Pla71 etrivtivof 2 Ojt.4.yajz Project Number: EDj ✓ 8 a (Q Mailer's Signature: 114~2 y • ge10C.P: r Person requesting mailing: / 4IL P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM • Sl■ S if1 13o Ulf— w A" CHEST: ENVIRONMENTAL REVIEW /SH ELI E PEA' MAILINGS ' B Ott %Z1 FEDERAL AGENCIES pi(U.S. ARMY CORPS OF ENGINEERS () FEDERAL HIGHWAY ADMINISTRATION ( ) DEPT OF FISH & WILDLIFE '&AC1' 00466 ( ) U.S. ENVIRONMENTAL PROTECTION AGENCY () U.S. DEPT OF H.U.D.. NATIONAL MARINE FISHERIES SERVICE WASHINGTON STATE AGENCIES ( ) OFFICE OF ARCHAEOLOGY ( ) TRANSPORTATION DEPARTMENT () DEPT NATURAL RESOURCES () OFFICE OF THE GOVERNOR () DEPT OF COMM. TRADE & ECONOMIC DEV. DEPT OF FISHERIES & WILDLIFE ( ) DEPT OF SOCIAL & HEALTH SERV. ( ) DEPT OF ECOLOGY, SHORELAND DIV� )'DEPT OF ECOLOGY, SEPA DIVISION* ( ) OFFICE OF ATTORNEY GENERAL SEND CHKLIST W/ DETERMINATIONS SEND SITE MAPS WITH DECISION KING COUNTY AGENCIES ( ) BOUNDARY REVIEW BOARD () FIRE DISTRICT #11 () FIRE DISTRICT #2 () K.C. WASTEWATER TREATMENT DIVISION () K.C. DEPT OF PARKS & REC ( ) K.C. ASSESSOR'S OFFICE TUKWILA SCHOOL DISTRICT ›etTUKWILA LIBRARY () RENTON LIBRARY () KENT LIBRARY ( ) CITY OF SEATTLE LIBRARY ( ) QWEST ( ) SEATTLE CITY LIGHT ( ) PUGET SOUND ENERGY () HIGHLINE WATER DISTRICT ( ) SEATTLE WATER DEPARTMENT ( ) AT &T CABLE SERVICES Q(KENT PLANNING DEPT ( ) TUKWILA CITY DEPARTMENTS: 4-• )4 PUBLIC WORKS () POLICE ( ) PLANNING ( ) PARKS & REC. ( ) CITY CLERK ( ) FIRE ( ) FINANCE () BUILDING ( ) MAYOR SCHOOLS /LIBRARIES UTILITIES CITY AGENCIES () HEALTH DEPT ( ) PORT OF SEATTLE _ ()(K.C. DEV & ENVIR SERVICES -SEPA INFO CNTR K.C. TRANSIT DIVISION - SEPA OFFICIAL ( ) K.C. LAND & WATER RESOURCES„ 04 FOSTER LIBRARY ( ) K C PUBLIC LIBRARY ( ) HIGHLINE SCHOOL DISTRICT ( ) SEATTLE SCHOOL DISTRICT ( ) RENTON SCHOOL DISTRICT ( ) OLYMPIC PIPELINE ( ) VAL -VUE SEWER DISTRICT ( ) WATER DISTRICT #20 ( ) WATER DISTRICT #125 ( ) CITY OF RENTON PUBLIC WORKS ( ) BRYN MAWR- LAKERIDGE SEWERIWATER DISTRICT TRENTON PLANNING DEPT ( ) CITY OF SEA -TAC ( ) CITY OF BURIEN ( ) TUKWILA PLANNING COMMISSION MEMBERS ( ) TUKWILA CITY COUNCIL MEMBERS CITY OF SEATTLE - SEPA INFO CENTER - DCLU )) TRATEGIC PLANNING OFFICE* NOTICE OF ALL SEATTLE RELATED PLNG PROJ. OTHER LOCAL AGENCIES 9(PUGET SOUND REGIONAL COUNCIL ( ) SW K C CHAMBER OF COMMERCE MUCKLESHOOT INDIAN TRIBE ( ) CULTURAL RESOURCES PROGRAM ( ) FISHERIES PROGRAM ( ) WILDLIFE PROGRAM D.SEATTLE TIMES ( ) SOUTH COUNTY JOURNAL P:\ADMINISTRATIV E \FORMS \CHKLIST.DOC MEDIA .MCDUWAMISH INDIAN TRIBE () P.S. AIR POLLUTION CLEAN AGENCY ( ),SOUND TRANSIT () DUWAMISH RIVER CLEAN -UP COALITION 'SEND NOTICE OF ALL APPLICATIONS ON DUWAMISH RIVER }HIGHLINE TIMES ( ) CI.TUKWILA.WA.US.WWW Fy • CITY OF TUKWILA NOTICE OF APPLICATION PROJECT: INFORMATION:`,: The City of Tukwila Department of Public Works has prepared a draft ordinance to update the City's Flood Control Zone regulations. This ordinance will apply to development activity in flood hazard areas throughout the City. The Department of Community Development is conducting a review of the environmental impacts of this proposed ordinance. An environmental checklist has been submitted with the proposed ordinance. Permits applied for include: None Other known required permits include: None Studies required with the applications include: None FILES AVAILABLE FOR PUBLIC REVIEW The project file is available at the City of Tukwila. To view the file, you may request it at the counter at the Department of Community Development (DCD), located at 6300 Southcenter Boulevard, Suite #100, Tukwila, WA 98188. Project Files include: E03 -026, environmental review of proposed ordinance. Your written comments on the project are requested. They must be delivered to DCD at the address above or postmarked no later than 5:00 P.M., Monday, December 8, 2003. Opportunity for additional oral and written public comments will be provided at a public hearing before the City Council. A date for this public hearing has not been scheduled as yet. To confirm the date of the public hearing, call Jill Mosqueda, Department of Public Works at (206) 433 -0179. You may request a copy of any decision, information on hearings, and your appeal rights by calling DCD at (206) 431 -3670. For further information on this proposal, contact Carol Lumb, at (206) 431 -3661 or visit our offices at 6300 Southcenter Boulevard, Suite #100, Monday through Friday, 8:30 a.m. to 5:00 p.m. Application Filed: November 6, 2003 Notice of Completeness Issued: November 20, 2003 Notice of Application Issued: November 21, 2003 Notice of Application Published: November 23, 2003 Dept. Of Community Development City of Tukwila AFFIDAVIT OF DISTRIBUTION I , V tsag e-ro( HEREBY DECLARE THAT: Notice of Public Hearing Determination of Non - Significance Project Name: r 100j �yt.Q O�,� Notice of Public Meeting Mitigated Determination of Non - Significance 4 Board of Adjustment Agenda Pkt Determination of Significance & Scoping Notice Board of Appeals Agenda Pkt Notice of Action Planning Commission Agenda Pkt Official Notice Short Subdivision Agenda n `-� Notice of Application Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit __ __ FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box 70 - Seattle WA 98111 Other Was mailed to each of the addresses listed on this day of/Jal/,in the year 20 03 P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM Project Name: r 100j �yt.Q O�,� Project Number: D 3 - 0a (Q Mailer's Signature: �` Jr), 42e/2CAt 4 Person requesting mailing: EIJ>I&/2 L ‘,6&ti P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM CHIPIST: ENVIRONMENTAL REVIEW /SHORELINE Pit T MAILINGS FEDERAL AGENCIES ARMY_CORP_SAF_ENGINEERS () EDERAL HIGHWAY ADMINISTRATION ( ) DEPT OF FISH & WILDLIFE () U.S. ENVIRONMENTAL PROTECTION AGENCY ( ) U.S. DEPT OF H.U.D. ) NATIONAL MARINE FISHERIEStSERVICE WASHINGTON STATE AGENCIES OFFICE OF ARCHAEOLOGY ( ) TRANSPORTATION DEPARTMENT () DEPT NATURAL RESOURCES ( ) OFFICE OF THE GOVERNOR () DEPT OF COMM— TRADE - &- ECONOMIC DEV. DEPT_OF FISHERIES & -WIL-DLIFE ( ) DEPT OF SOCIAL & HEALTH SERV. ( ) DEPT OF ECOLOGY. SHORELAND DIV �-- '.gam:. .e DEPT OPECOLOGY,_SEPA DIVISION* .,. ()OFFICE_OF ATTORNEY GENERAL ' SEND CHKL-IST W/ -DETERMINATIONS) *SEND SITE MAPS WITH DECISION KING COUNTY AGENCIES ( ) BOUNDARY REVIEW BOARD () FIRE DISTRICT #11 () FIRE DISTRICT #2 () K.C. WASTEWATER TREATMENT DIVISION () K.C. DEPT OF PARKS & REC () K.C. ASSESSORS OFFICE ( ) TUKWILA.SCHOOL- DISTRICT ' TUKWILA- LIBRARY' ( ) RENTON LIBRARY () KENT LIBRARY () CITY OF SEATTLE LIBRARY ( ) QWEST ( ) SEATTLE CITY LIGHT () PUGET SOUND ENERGY () HIGHLINE WATER DISTRICT () SEATTLE WATER DEPARTMENT ( ) AT &T CABLE SERVICES 4KENT PLANNING -DEPT ( ) TUKWILA CITY DEPARTMENTS: () PUBLIC WORKS ( ) POLICE () PLANNING ( ) PARKS & REC. ( ) CITY CLERK ( ) FIRE ( ) FINANCE ( ) BUILDING ( ) MAYOR SCHOOLS /LIBRARIES UTILITIES CITY AGENCIES () HEALTH DEPT () PORT OF SEATTLE __ )K.C..DEV & -ENVIR SERVICES- SEPA.INFO CNTR () K.C. TRANSIT DIVISION - SEPA OFFICIAL () K.C. LAND & WATER RESOURCES 4OSTER.LIBRARY) ( ) K C PUBLIC LIBRARY ( ) HIGHLINE SCHOOL DISTRICT ( ) SEATTLE SCHOOL DISTRICT ( ) RENTON SCHOOL DISTRICT ( ) OLYMPIC PIPELINE ( ) VAL -VUE SEWER DISTRICT ( ) WATER DISTRICT #20 ( ) WATER DISTRICT #125 ( ) CITY OF RENTON PUBLIC WORKS ( ) BRYN MAWR- LAKERIDGE SEWERNVATER DISTRICT RENTON.P_LAN NING_DEPT CITY -OF- SEA -TACK ) CITY OF BURIEN ( ) TUKWILA PLANNING COMMISSION MEMBERS ( ) TUKWILA CITY COUNCIL MEMBERS KCITY OE.SEATTLE =SEPA INFO CENTER - DCLU ( ) STRATEGIC PLANNING OFFICE* NOTICE OF ALL SEATTLE RELATED PLNG PROJ. OTHER LOCAL AGENCIES ()PUGET_ "SOUND REGIONAL COUNCIL SW K C CHAMBER OF COMMERCE j MUCKLESHOOTINDIANiTRIBE ( ) CULTURAL RESOURCES PROGRAM ( ) FISHERIES PROGRAM ( ) WILDLIFE PROGRAM ( ) SEATTLE TIMES ( ) SOUTH COUNTY JOURNAL P: \ADMINISTRATIVE \FORMS \CHKLIST.DOC MEDIA )c3 DUVVAMISH-INDIAN TRIBE A ( ) P.S. AIR POLLUTION CLEAN AGENCY ( ) SOUND TRANSIT ( ) DUWAMISH RIVER CLEAN -UP COALITION *SEND NOTICE OF ALL APPLICATIONS ON DUWAMISH RIVER ( ) HIGHLINE TIMES ( ) CI.TUKWILA.WA.US.WWW — OA— CLQU(J 44— li �� %t.o rrz.c.c. lj 0 ► Il4-46bc. t4o Tut. PU IC NOTICE MAILINGS FOR PETS SEPA MAILINGS Mail to: (comment period starts on date of mailing) Dept. of Ecology Environmental Review Section *Applicant *Other agencies as necessary (checked off on attached list) *Any parties of record * send only the staff report, site plan and the SEPA Determination KC Transit Division — SEPA Official would like to receive information about all projects that might affect transit demand Send These Documents to DOE: SEPA Determination (3 -part from Sierra) Findings (staff report, usu. with MDNS) SEPA Checklist (filled out by applicant) Drawings/Plans of project (site plan, elevations, etc. from PMT's) Affidavit of Distribution (notice was mailed or sent to newspaper) SHORELINE MAILINGS: Notice of Application for a Substantial Development Permit must be mailed to owners and to property owners within 500 feet of subject property, comments are due 30 days after the notice of application is mailed/posted. The notice of Application for Shoreline Substantial Development Permit must include a statement that any person desiring to submit written comments on the application or desiring to receive notification of the final decision on the application may do so within 30 days of the notice of application. If a hearing will be held on the application, the hearing notice must include the information that written comments may be submitted, or oral presentation made at the hearing. Shoreline Permit Notice of Decision: Mail to: (within 8 days of decision; 21 -day appeal period begins date received by DOE) Department of Ecology Shorelands Section State Attorney General *Applicant *Indian Tribes *Other agencies as necessary (checked off on attached list). Any parties of record * send only the staff report, site plan and the SEPA Determination Send These Documents to DOE and Attorney General: Permit Data Sheet Shoreline Substantial Development Permit (3 -part from Sierra) Findings (staff report or memo) Shoreline Permit Application Form (filled out by applicant) Drawings/Plans of project (site plan, elevations, etc. from PMT's) Site plan, with mean high water mark & improvements — Cross - sections of site with structures & shoreline — Grading Plan - Vicinity map SEPA determination (3 -part from Sierra) Findings (staff report or memo) SEPA Checklist (filled out by applicant) Any background studies related to impacts on shoreline Notice of Application Affidavit of Distribution (notice was mailed) P:\ADM INISTRATI V EWORM S \CHKLI ST. DOC • Cizy of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM NOTICE OF COMPLETE APPLICATION November 20, 2003 TO: Jill Mosqueda, Engineer, Public Works Dept. 4 FM: Carol Lumb, Se ° ��r ' lanner RE: E03 -026, Environmental Review for New Flood Zone Control Ordinance Your application for environmental review of the proposed Flood Zone Control Ordinance for all flood prone lands throughout the City has been found to be complete on November 20, 2003 for the purposes of meeting state mandated time requirements. As this proposed ordinance applies City -wide, the Notice of Application will be advertised in the newspaper rather than posted as well as mailed to interested agencies. This determination of complete application does not preclude the City from requesting additional plans or information, if in our estimation such information is necessary to ensure the project meets the substantive requirements of the City or to complete the review process. This notice of complete application applies only to the permits identified above. It is your responsibility to apply for and obtain any other necessary permits issued by other agencies. If you have any questions, please call me at 206 - 431 -3661. cc: Nora Gierloff, Planning Manager 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 INFORMATION MEMO To: Department of Community Development From: Public Works Department Date: November 7, 2003 Subject: New Ordinance Flood Zone Control and Management RECEIVED NOV 0 61003, BACKGROUND The current flood ordinance was passed in 1980 and updated in 1988. On June 21, 2002 a Department of Ecology representative met with Public Works representatives and indicated that the City must update its current Flood Plain Management ordinance. Public Works used the state's model flood ordinance as the backbone for this ordinance and sent the ordinance to Department of Ecology for review and approval. The DRAFT ordinance and the approval letter from DOE are attached. ANALYSIS This ordinance has similar requirements to the existing ordinance and amendments. Both ordinances include standards and provisions that encourage sound flood plain management and also allow property owners to obtain flood insurance at a more affordable rate. This new ordinance replaces the existing ordinance, changes some definitions, clarifies requirements for anchoring manufactured homes, and defines the Director's responsibilities for administration, development review, information management, and watercourse alteration. It also spells out required permit information and sets development standards such as anchoring, material and methods, and utilities for subdivisions, residential and manufactured homes, critical facilities, and nonresidential construction. In addition, penalties for violation of the ordinance are spelled out and consist of a fine of not more than $1000.00, or imprisonment for not more than 90 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Enclosures: SEPA Checklist DOE Approval Letters [2') Draft Ordinance CITYt TUKWILA DRAFT FLOOD ORDINNCE CITY OF TUKWILA WASHINGTON liECCIVED No 06 2003. fir° PN,e y Pu AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 1462, AND AMENDING CHAPTER 16.52 OF THE TUKWILA MUNICIPAL CODE REGARDING FLOOD PLAIN MANAGEMENT AND FLOOD DAMAGE PREVENTION POLICIES REQUIRED OF JURISDICTIONS PARTICIPATING IN THE NATIONAL FLOOD INSURANCE PROG RAM. ORDINANCE NO. WHEREAS, the flood hazard areas of Tukwila are subject to periodic inundation which may result in loss of life or property, may create health or safety hazards, may disrupt commerce or governmental services, may cause extraordinary public expenditures for flood protection and relief, or might impair the tax base, all of which adversely affect the public health, safety, and general welfare, and WHEREAS, these flood losses may be caused by the cumulative effect of obstructions in areas of special flood hazards that increase flood heights and velocities, and damage uses in other areas when inadequately anchored, and WHEREAS, uses that are inadequately flood proofed, elevated, or otherwise protected from flood damage can contribute to losses due to flooding, and WHEREAS, the Legislature of the State of Washington delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry, and WHEREAS, the legislature of Washington State, in Title 86 of the Revised Code of Washington, has authorized local governmental agencies to regulate use and development of flood hazard areas within their jurisdictions in order to reduce such hazards, and WHEREAS, continued participation by the City of Tukwila in the National Flood Insurance Program requires adoption of flood plain management standards and a flood plain construction permit process, now, therefore, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ORDAINS AS FOLLOWS: Section 1. hereby repealed. Repealer. Ordinances 1462 and 1790 of the City of Tukwila are DRAFT FLOOD ORDINANCE V10 PRINTED 11/06/03 • • N ;:;y; Section 2. Hood Plain Management. Chapter 16.52 of the Tukwila Municipal Code is T'h'ereby amended to read as follows: 1652,41.0 AUTHORITY The Legislature of the State of Washington delegated the responsibility to the City of Tukwila to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. 16.52.020 PURPOSE This ordinance aims to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: A. To protect human life and health, B. To minimize expenditure of public money and costly flood control projects, C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public, D. To minimize prolonged business interruptions, E. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard, F. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas, G. To ensure that potential buyers are notified that property is in an area of special flood hazard, and, H. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 16.52.030 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application. "A" means a zone on the Flood Insurance Rate Map (FIRM) where flooding is known to occur, but no flood elevation has been determined. "AH" means a zone on the Flood Insurance Rate Map (FIRM) characterized by base flood depths from one to three feet; having no clearly defined channel or having an unpredictable .and indeterminate channel, where velocity flow may be evident. AH indicates ponding. "AE" means a zone on the Flood Insurance Rate Map (FIRM) where base flood elevations are determined and are shown on the map. "APPEAL" means a request for a review of the interpretation of any provision of this ordinance 2 DRAFT FLOOD ORDINANCE v10 Printed 11/06/03 • • or a request for variance. "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." Designation on maps always includes the letter A. "BASEMENT" means any area of the building having its floor subgrade (below ground level) on all sides. "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, installations which produce, use, or store hazardous materials or hazardous waste. "DEVELOPMENT" means any man -made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard. "DIRECTOR" means the Director of the Public Works Department or his designee. "DOE" means the Department of Ecology "ELEVATED BUILDING" means for insurance purposes, a non - basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns. "EXISTING MANUFACTURED HOME PARK OR SUBDIVISION" means a manufactured home park or subdivision for which the construction of facilities for servicing the Tots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before 1981, the effective date of the Tukwila's original floodplain management regulations. "EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads. "FBFM" means flood boundary/floodway map. "FZCP" means flood zone control permit. "FEMA" means Federal Emergency Management Agency. "FIRM" means flood insurance rate map. "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 and /or (2) The unusual and rapid accumulation of runoff of surface waters from any source. "FLOOD ZONE" means any area designated as special flood hazard or flood prone, or any 3 DRAFT FLOOD ORDINANCE v10 Printed 11/06/03 area within the shoreline per Tukwila Municipal Code. "FLOOD INSURANCE RATE MAP (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "FLOOD INSURANCE STUDY" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary- Floodway Map, and the water surface elevation of the base flood. "FLOOD PRONE" means any land area susceptible to flooding not shown on FIRMs but designated as flood prone by the Director, using best available information. "FLOODWAY" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "LOWEST FLOOR" means the lowest floor of the lowest enclosed area (including basement). If an unfinished or flood resistant enclosure is used solely for vehicle parking, building access, or storage, if this enclosure is in an area other than a basement, and if this enclosure is built so that the structure meets the applicable non - elevation design requirements for nonresidential construction, the enclosure is not considered the structure's lowest floor. "MANUFACTURED HOME" means a structure, transportable in one or more sections, built on a permanent chassis and designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." "MANUFACTURED HOME PARK OR SUBDIVISION" means a parcel (or contiguous parcels) of land divided into two or more manufactured home Tots for rent or sale. "NEW CONSTRUCTION" means structures for which the "start of construction" commenced on or after 1981, the effective date of Tukwila's original floodplain management regulations. "NEW MANUFACTURED HOME PARK OR SUBDIVISION"-means a manufactured home park or subdivision for which the construction of facilities, including streets, utilities, concrete pads, is completed on or after 1988, the effective date of Tukwila's original floodplain management regulations.' "NFIP" means National Flood Insurance Program. "RECREATIONAL VEHICLE" means a vehicle that is: (a) Built on a single chassis; (b) 400 square feet or Tess when measured at the largest horizontal projections; (c) Designed to be self - propelled or permanently towable by a light duty truck; and (d) Designed primarily for use as temporary living quarters for recreational, camping, travel, or seasonal use. "SHALLOW FLOODING AREA" means a designated AO, or AH zone on the Flood Insurance Rate Map (FIRM). 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 4 DRAFT FLOOD ORDINANCE V10 Printed 11/06/03 • • flow may be evident. AO is characterized as sheet flow and AH indicates ponding. "SPECIAL FLOOD HAZARD AREA" means the land in the flood plain subject to a one - percent or greater chance of flooding in any given year. Also called the 100 -year flood elevation or the base flood elevation. These areas are designated on Flood Insurance Rate Maps (FIRMs) using the letters A or V. Special flood hazard areas include flood prone areas designated by the City. "SFHA" means special flood hazard area. "START OF CONSTRUCTION" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement occurred within 180 days of the permit 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 land preparation, such as clearing, grading and filling; nor does it include the installation of streets and /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. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "STRUCTURE" means a walled and roofed building including a gas or liquid storage tank that is principally above ground. "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. "SUBSTANTIAL IMPROVEMENT" means any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the assessed value of the structure either: (1) Before the improvement or repair is started, or (2) Before damage occurred, if the structure is being restored. For the purposes of this definition, "substantial improvement" occurs 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. "Substantial improvement" does not include: (1) Any improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which is solely necessary to assure safe living conditions, nor (2) Any alteration of a structure listed on the national Registry of Historic Places or a state inventory of historic places. 5 DRAFT FLOOD ORDINANCE v10 Printed 11/06/03 • • 16.52.040 APPLICABILITY This ordinance applies to all special flood hazard areas within the City of Tukwila jurisdiction. 16.52.050 SPECIAL FLOOD HAZARD AREAS The basis for special flood hazard areas identified by the Federal Insurance Administration is a scientific and engineering report entitled "The Flood Insurance Study for King County, Washington dated December 6, 2001, and any revisions thereto, with an accompanying Flood Insurance Rate Map (FIRM), and any revisions thereto, hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study and the FIRM are on file at 6300 Southcenter Boulevard, Suite 100. The best available information for flood hazard area identification as outlined in 16.52.080B.2 shall be the basis for regulation until a new FIRM is issued which incorporates this data. 16.52.060 INTERPRETATION In the interpretation and application of this ordinance, all provisions shall ,be: (1) Considered as minimum requirements, (2) Liberally construed in favor of the governing body, and, (3) Deemed neither to limit nor repeal any other powers granted under State statutes. 16.52.070 LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man -made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Tukwila, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. 16.52.080 ADMINISTRATION A. The Public Works Director is hereby appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions. The Director may: 1. Restrict or prohibit uses which might create a danger to health, safety, and property due to water or erosion hazards, or which might increase erosion, flood heights, or flood velocities; 2. Require uses vulnerable to floods, including facilities serving such uses, be constructed to protect against flood damage; 3. Control the alteration of surface water features, such as natural flood plains, stream channels, and natural protective barriers, that retain or channel flood waters, 4. Control filling, grading, dredging, and other development which may increase flood damage; and 5. Prevent or regulate the construction of flood barriers that would unnaturally divert floodwaters or that might increase flood hazards in other areas. 6 DRAFT FLOOD ORDINANCE V10 Printed 11/06/03 B. The Director's duties shall include, but shall not be limited to: 1. Permit Review a. Review all development permits to determine that the permit requirements of this ordinance have been satisfied. b. Review all development permits to determine that all necessary permits have been obtained from those Federal, State, or local governmental agencies from which prior approval is required. c. Review all development permits to determine if the proposed development is located in the floodway and ensure that the encroachment provisions of 16.52.100 Floodways are met. 2. Special Flood Hazard Area a. "A" Zone - When base flood elevation data has not been provided in A zones, the Director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer 16.52.100. b. Where flood elevation data is not available either through the Flood Insurance Study, FIRM, or from another authoritative source, the Director shall review applications for building permits to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above the highest adjacent grade in these zones may result in higher insurance rates. c. Interpret Boundaries - Where needed, interpret exact location of the boundaries of the areas of special flood hazards, for example, where there appears to be a conflict between a mapped boundary and actual field conditions. The Director shall provide the person contesting the boundary location a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the standards of Section 60.6 of the Rules and Regulations of the National Flood Insurance Program (44 CFR 59 -76). 1. Watercourse Alteration a. Notify adjacent communities and the Department of Ecology (DOE) prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. b. Require that maintenance be provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 2. Information Management a. Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or required as in 16.52.080 B.2, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor of all new or substantially improved structures, and whether or not the structure contains a basement. b. For all new or substantially improved flood proofed structures where base 7 DRAFT FLOOD ORDINANCE v10 Printed 11/06/03 • • flood elevation data is provided through the Flood Insurance Study, FIRM, or as required in 16.52.080 B.2: (1) Obtain and record the elevation (in relation to mean sea level) to which the structure was flood proofed and (2) Maintain the flood proofing certifications required in 16.52.090 B.3. c. Maintain for public inspection, all records pertaining to the provisions of this ordinance. 16.52.090 PERMITS A. A Flood Zone Control permit (FZCP) shall be obtained before construction or development begins within any area of special flood hazard established in 16.52.050. B. Application for an FZCP shall be submitted with the project application for a Shoreline Permit, plat or subdivision permit, or a Building Permit, whichever comes first. C. An FZCP is a Type 1 permit processed pursuant to TMC 18.108.010. D. Application for an FZCP shall be made on forms furnished by the City and shall meet the City's standards for plan submittals The Applicant must provide the following information: 1. Elevation in relation to mean sea level, of the lowest floor of all structures, 2. Elevation in relation to mean sea level to which any structure has been flood proofed, 3. Certification by a registered professional engineer or architect that the flood proofing methods for any nonresidential structure meet the flood proofing criteria in 16.52.100 B.2, and 4. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. E. 16.52.100 STANDARDS A. General Standards - In all special flood hazards the following standards are required: 1. Where flood elevation data is not available, either through the FIRM or from another authoritative source, all new construction and substantial improvements shall be elevated at least two feet above the highest adjacent grade. 2. Anchoring a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. b. All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over - the -top or frame ties to ground anchors (Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques). 8 DRAFT FLOOD ORDINANCE V10 Printed 11/06/03 • 3. Construction Materials and Methods a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. c. All new construction and substantial improvements on slopes shall have drainage paths to guide floodwaters around and away from proposed structures. d. Electrical, heating, ventilation, plumbing, and air - conditioning equipment and other service facilities shall be designed and /or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 4. Utilities a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems; b. A proposed water well shall be approved by Department of Ecology (WAC 173- 160 -171); c. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; and, d. Onsite waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 5. Subdivisions a. All subdivision proposals shall be consistent with the need to minimize flood damage; b. All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage; c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and, d. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments that contain at least 50 lots or 5 acres (whichever is less). B. Specific Standards - In all areas of special flood hazards where base flood elevation data has been provided the following provisions are required: 1. Residential Construction a. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the base flood elevation. b. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. 9 DRAFT FLOOD ORDINANCE v10 Printed 11/06/03 • • Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: (1) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (2) The bottom of all openings shall be no higher than one foot above grade. (3) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.' 2. Nonresidential Construction a. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the base flood elevation; or, together with attendant utility and sanitary facilities, shall: (1) Be flood proofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on her development and /or review of the structural design, specifications, and plans. b. Nonresidential structures that are elevated, not flood proofed, must meet the same standards for space below the lowest floor as described in 16.52.100 B.1.b., for residential construction, c. The City shall notify Applicants who propose to flood proof nonresidential buildings that flood insurance premiums will be based on rates that are one foot below the flood proofed level (e.g. a building flood proofed to the base flood level will be rated as one foot below). 3. Manufactured Homes a. All manufactured homes to be placed or substantially improved on sites, outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood; shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot or more above the base flood elevation and be securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement. b. Manufactured homes to be placed or substantially improved on sites in an (3) 10 DRAFT FLOOD ORDINANCE v10 Printed 11/06/03 • • existing manufactured home park or subdivision that are not subject to the above manufactured home provisions be elevated so that either: 1) The lowest floor of the manufactured home is elevated one foot or more above the base flood elevation, or 2) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no Tess than 36 inches in height above grade and be securely anchored to an adequately designed foundation system to resist flotation, collapse, and lateral movement. 4. Recreational Vehicles - Recreational vehicles placed on sites are required to either: a. Be on the site for fewer than 180 consecutive days, b. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or c. Meet the requirements for manufactured homes, including and the elevation and anchoring requirements for manufactured homes. C. Green River - In addition to the general and specific standards in the section, the following standards apply to all areas adjacent to the Green River: 1. a. Construction /Reconstruction of Dikes /Levees - As part of the floodproofing for developments adjacent to the Green River through Tukwila, construction or reconstruction of the dike /levee system, in accordance with dike /levee plans and engineering studies, and in accordance with the Green River Management Agreement (AG No. 85 -043), will be required as part of the plan submittal. 2. If dike /levee improvements are not required, and the natural riverbank is allowed as bank protection, then a river bank stabilization analysis shall be provided to the Public Works Department for review as part of the plan submittal. 3. b. Dedication of levee /dike /riverbank access construction and maintenance easements on all properties adjacent to the Green River shall, as part of their development, dedicate construction and maintenance easements for access and maintenance of existing or future dikes /levees /riverbanks along the Green River as part of their plan submittal. These easements shall be provided in such a manner so that immediate access is allowed from other public rights -of -way for maintenance and construction of dikes /levees. 16.52.110 FLOODWAYS A. Floodways are located within special flood hazard areas. Floodwaters within floodways are extremely hazardous due to high flow velocities. These waters carry debris and potential projectiles, and have a high potential for erosion. B. The following provisions apply to floodways within the City: 1. Variances shall not be issued for proposals within a designated floodway, if any increase in flood levels during the base flood discharge would result. 2. Prohibit encroachments, including fill, new construction, substantial improvements, 11 DRAFT FLOOD ORDINANCE V10 Printed 11/06/03 • • and other development, unless a registered professional engineer certifies through hydrologic and hydraulic analyses, performed in accordance with standard engineering practice, that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge. 3. Prohibit construction of new residential structures 4. Allow (i) repairs, reconstruction, or improvements to residential structures as long as the structure's ground floor area does not increase and the cost of the work does not exceed 50 percent of the market value of the structure either, (A) before the repair, or reconstruction is started, or (B) if the structure has been damaged, and is being restored, before the damage occurred. Any project to correct existing violations of state or local health, sanitary, or safety code specifications identified by the code enforcement official and which are the minimum necessary to assure safe living conditions or to structures identified as historic places shall not be included in the 50 percent. C. If proposed work satisfies 16.52.100 B. 1 -4, all new construction and substantial improvements shall comply with all applicable standards in Section 16.52.100. 16.52.120 CRITICAL FACILITY Construction of new critical facilities shall be, to the extent possible, located outside the limits of the Special Flood Hazard Area (SFHA). The Director may permit construction of a new critical facility within the SFHA if no feasible alternative is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above base flood elevation or elevated to the 500 -year flood elevation, whichever is higher. Flood proofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access to and from the critical facility should also be protected to the height utilized above. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. 16.52.130 PENALTIES No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violations of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $1000.00, or imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City of Tukwila from taking such other lawful action as is necessary to prevent or remedy any violation. 16.52.140 ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, convenants, or deed restrictions. However, where this ordinance and another ordinance, 12 DRAFT FLOOD ORDINANCE v10 Printed 11/06/03 easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 13 DRAFT FLOOD ORDINANCE v10 Printed 11/06/03 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Northwest Regional Office • 3190 160th Avenue SE • Bellevue, August 29, 2003 L. Jill Mosqueda, P.E. Tukwila Public Works Department 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 Dear Ms. Mosqueda: RFcF� Hoy �Fo Washington 98008 -5452 • (425) 649 -7000 OB RECEIVED SEP 0 2 2003 TUKWILA PUBLIC WORKS Your letter of August 19, 2003 transmitted a revised Draft Flood Ordinance that amends Chapter 16.52 of the Tukwila Municipal Code. This Draft follows your April 1, 2003 Draft, and incorporates comments contained in my April 8, 2003 letter. My review of the August 19 transmittal indicates that the revised Draft correctly incorporated all of the deficiencies that were noted in the April 8 letter and contains other refinements made by the City that have improved the ordinance from the earlier Drafts. The current Draft now fully complies with all National Flood Insurance Program and State regulations. If adopted as is, we will be able to certify to FEMA that the City is fully compliant. As noted in my prior letter, this ordinance successfully meshes Federal, State and local requirements into a measure that reads very clearly and is easy to understand. Once the ordinance is adopted, please send us a copy so that we may review it per RCW 86.16.041 and provide our certification to FEMA. I appreciate the work you have done to get the Draft ordinance to this point. If I can answer any questions, please feel free to call me at (425) 649 -7139. Sincerely, haries L. Steele Floodplain Management Specialist Shorelands & Environmental Assistance Program cc: Mark Carey, FEMA Dan Sokol, Ecology Ryan Larson STATE OF WASHINGTON DEPARTMENT OF ECOLOGY RECEIVen NOV 0 61003 Northwest Regional Office • 3190 160th Avenue SE • Bellevue, Washington 98008 -5452 • (425) 649 -7000 p e, to April 8, 2003 Jill Mosqueda, P.E. Tukwila Public Works Department 6300 Southcenter Boulevard Tukwila, WA 98188 -2544 Dear Ms. Mosqueda: RECEDED APR 0 9 2003 TUKWILA ?UBL C WORKS Thank you for your March 31, 2003 transmittal of Tukwila's Draft Flood Ordinance. This follows a Community Assistance Visit by this agency on June 21, 2002 wherein deficiencies in Chapter 16.52 were noted, as well as earlier draft ordinances that we had reviewed. I have reviewed the current Draft and, although there are a few deficiencies noted below, conclude that this is an excellent document. The order and format of the ordinance is very clear, making this one of the most readable ordinances I have seen. Your elimination of excess language and reordering from the Model Ordinance have produced a document that contains all important elements (other than those noted below) while, at the same time, reducing the sheer volume of the Model. Following are the only changes that will need to be made in order to achieve full compliance with National Flood Insurance Program and State regulations: Section 16.52.050, Special Flood Hazard Areas. The current King County FIRM series is dated December 6, 2001; this date should replace the November 8, 1999 date in this section. Section 16.52.100 A.3., Construction Materials and Methods. The measures that are listed in this section comply fully with the FEMA standards; however, they are placed under the AH Zone whereas they are general standards that apply to all flood zones. Frankly, though the AH Zone drainage paths at 3.b. are in the NFIP regulations, they could be eliminated here because none of your AH (ponding) zones are on slopes; this would enable you to retain subsection 3 solely for Construction Materials and Methods. Floodways. Tukwila cannot eliminate the floodway standard from its ordinance. All of your FIRM maps of the Green River do have floodways (the cross - hatched areas on the maps); while most of these areas are between levees, there are some out -or -levee floodways which would necessitate the floodway standard. Also, the floodway encroachment standard needs to be applied within the levees for work that may occur there. Both the NFIP Model Ordinance standard at Section 5.4 (1) (60.3[d][3] of the regulations) and the State residential floodway prohibition at Section 5.4 (2) must be included in Tukwila's Flood Ordinance. There are a few minor revisions that you should make regarding definitions. Under the definitions of "Existing Manufactured Home Park or Subdivision" and "New Construction" the $a • • Jill Mosqueda, P.E. April 8, 2003 Page 2 of 2 date 1988 is presented as the date of Tukwila's original effective date. This needs to be changed to August 3, 1981, which was the date Tukwila was converted to the Regular Program of flood insurance based on an ordinance that met all of the FEMA requirements at the time. Reference to this date can be found in the Community Map History Table toward the end of the King County Flood Insurance Study. Your definition of "Flood Prone" is excellent. It is the first such definition I have seen in these ordinances. However, in the definition of "Floodway," the last sentence should be eliminated, since the City does have floodways. In your definition of "Substantial Improvement," you use assessed value to determine the value of the building; while this is not the FEMA standard of market value, it is acceptable because it is viewed as being a lesser value than replacement or market value, thereby being a more restrictive standard. Again, this ordinance is very well put together. Once the above -noted changes are made, please provide us with a copy of the adopted, signed ordinance, so that we can certify full compliance with the FEMA and State standards and provide our review to FEMA. If you have any questions, please give me a call at (425) 649 -7139. Sincerely, Charles L. Steele Floodplain Management Specialist Shorelands & Environmental Assistance Program cc: Tim D'Acci, Ecology Mark Carey, FEMA Ryan Larson TO: City of Tukwila PLANNING DEPARTMENT 6200 Southcenter Boulevard Tukwila, Washington 98188 (206) 433 -1849 RECEIVED CITY OF TUKWILA N O V 2003 PERMIZCENTER / FcAzitt STATE OF WASHINGTON OFPARTMFNT OF FCOI OGY ENVIRONMENTAL REVIEW MATI STOP PV-11 OLYMPIA, WA 98504 ATTN. KARFN RFATTY JOANNE JOHNSON FROM: CTTY OF TIIKWTIA1 PLANNING DEPT. DATE: NOV 06 FEBRUARY 3, 1988 cp ?003, ,8_�oEyEMmovi PROJ /PERMITcN EPIC- 14 -87-' MF SUBJECT: DETERMINATION OF NONSIGNIFICANCE PROPOSED NEW FLOOD ORDINANCE WE ARE SENDING YOU THE FOLLOWING: COPIES DESCRIPTION 1 ENVIRONMENTAL CHECKLIST DNS Attached Q Under separate cover THESE ARE TRANSMITTED /RETURNED: Q For your approval For review and comment Q For your use and information Q For corrections /revisions Q As requested Q Other: COMMENTS: ENCLOSED IS THE AFOREMENTIONED INFORMATION, IF YOU HAVE ANY QUESTIONS PLEASE CALL 433 -1849. PLEASE: (23 /P4.LTRANS) Q Resubmit for appro■;..., /corrected prints 02 � (LR 12/29/87) • ' 1• No. Epic F i l e No. i 5Ji c - 1 4 - a - 7 Fee $100.00 Receipt No. ENVIRONMENTAL CHECKLIST A. BACKGROUND Revision to the Flood Control Zone 1. Name of proposed project, if applicable: Ordinance 2. Name of applicant: City of Tukwila 3. Address and phone number of applicant and contact person: 6200 Southcenter Blvd., Tukwila, WA 98188 - 433 -1856 - Phil Fraser 4. Date checklist prepared: 7/1/87 5. Agency requesting Checklist: City of Tukwila 6. Proposed timing or schedule (including phasing, if applicable): New F1ood.FOrdinance, meeting FEMA's Model Flood Ordinance Requirements (in effect since December, 1986) required by local jurisdictions by 4/1/87 7. 'Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Green River Management Study 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. Public Hearing City Council Hearing 10. List any government approvals or permits that will be needed for your proposal. FEMA and DOE 11. Give brief, complete description of your proposal, including the proposed use and the size of the project and site. There are several questions later in thi . checklist that ask you to describe certain aspects of your proposal. You do no need to repeat those answers on this page. Section E requires a complete description of the objectives and alternatives of your proposal and should not be summarized here. Revised Flood Control Zone Ordinance and Comprehensive Plan 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applica- tions related to this checklist. All low lands within the Tukwila City limits 13. Does the proposal lie within an area designated on the City's Comprehensive Land Use Policy Plan Map as environmentally sensitive? yes -3- , TO :3E COMPLETED BY AF IC• • Evaluation for Agency Use Only B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): :Tia;, rolling, hilly, steep .slopes, mountainous, other b. What is the steepest slope on the site (approximate percent slope)? .10% c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. all varieties d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. generally, no e. Describe the purpose, type, and approximate quanti- ties of any filling or grading proposed. Indicate source of fill. Build up of flood hazard_ areas and dike construction is implied for flood protection f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. no g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? N/A • • Evaluation for Agency Use Only h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: N/A 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. N/A b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. •N/A c. Proposed measures to reduce or control emissions or other impacts to air, if any: N/A 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year - round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. The Green River, Gilliam Creek • Evaluation for Agency Use Only 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Yes 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. I nforjuati on i s available otlllc_nn race by case application of flood proofing 4) Will the proposal require - surface water withdrawals or diversions? Give general description, purpose, and approximate quan- tities, if known. Possible under some applications of ordinance 5) Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. Includes 100 year flood plain 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quan- tities, if known. No 2) Describe waste materials that will be discharged into the ground from septic tanks or other sour- ces, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.) Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. N/A c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Source of major runoff 1OQ,year v n . is Howard Hancnn__Dar►t,; }e___ Green River_ I 1 11 Evaluation for Agency. Use Only • • Evaluation for Agency Use Only 2) Could waste materials enter ground or surface waters? If so, generally describe. This ordinance tries to minimize possibility d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: This ordinance applies several criteria to reduce and control surface water impacts 4. Plants a. Check or circle types of vegetation found on the site: x deciduous tree: alder, maple,-aspen, other x evergreen tree: fir, cedar, pine, other x shrubs x grass x pasture x crop or grain x wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other x water plants: water lily, eelgrass, milfoil, other x other types of vegetation b. What kind and amount of vegetation will be removed or altered? Some shoreline vegetation when dikes /levee built c. List threatened or endangered species known to be on or near the site. Not known • • Evaluation for Agency Use Only d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Grassy swales will be used 5. Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: birds: hawk, heron, eagle, songbirds, other: Green River, many species mammals: deer, bear, elk, fish: bass, salmon, trout, hem— 'ng,)shellfish, other: b. List any threatened or endangered species known to be on or near the site. Not known_ c. Is the site part of a migration route? If so, explain. Yes several mi grati m_noutes d. Proposed measures to preserve or enhance wildlife, if any: By protection and flood proofing the habitat of wildlife will also be presenv.Qd___ and be less subject to changing water courses Evaluation for Agency Use Only 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, color) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. None b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: None 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. No 1) Describe special emergency services that might be required. Availability of an insurance program to cover 2) Proposed measures to reduce or control environ- mental health hazards, if any: Flood proofing measures will better ensure separation of storm runoff and domestic sewage and also ensure better protection of water mains from breakage and subsequent cross - connections occurring -10- • • Evaluation for Agency Use Only b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? N/A 2) What types and levels of noise would be created by or associated with the project on a short - term or a long -term basis (for example: traf- fic, construction, operation, other)? Indicate what hours noise would come from the site. N/A 3) Proposed measures to reduce or control noise impacts, if any: N/A 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? Per City `;s Zoning Code b. Has the site been used for agriculture? If so, describe. some portions c. Describe any structures on the site. from single family dwellings t skyscraperS. • + Evaluation for Agency Use Only d. Will any structures be demolished? If so, what? This code may restrain or prohibit reconstruction of some structures as originally built e. What is the current zoning classification of the site? Refer to City Zoning Code f. What is the current comprehensive plan designation of the site? - g. If applicable, what is the current shoreline master program designation of the site? h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. i. Approximately how many people would reside or work in the completed project? 30,000 daytimepopulation j. Approximately how many people.. would the completed project displace? none k. Proposed measures to avoid or reduce displacement impacts, if any: N/A 1. Proposed measures to ensure the proposal is com- patible with existing and projected land uses and plans, if any: This Ordinance does not override land use ordinances • Evaluation for Agency Use Only 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low - income housing? N/A b. Approximately how many units, if any, would be eli- minated? Indicate whether high, middle, or low - income housing. N/ A c. Proposed measures to reduce or control housing impacts, if any: N/ A 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? Dike elevations = 100 year_flQnd Pte inn of Green River +2 ft. of freeboard_ b. What views in the immediate vicinity would be . altered or obstructed? Not known c. Proposed measures to reduce or control aesthetic impacts, if any: Provide Swale, allow bike trails on dikes, Ptc • 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? None b. Could light or glare from the finished project be a safety hazard or interfere with views? No c. What existing off -site sources of light or glare may affect your proposal? None__ d. Proposed measures to reduce or control light and glare impacts, if any: N/A 12. Recreation a. What designed and informal recreational oppor- tunities are in the immediate vicinity? Bike and pedestrian trails b. Would the proposed project displace any existing recreational uses? If so, describe. No c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: Pedestrian /bike trails will be sought __where appropriate as part of dike /levee construction -14- Evaluation for Agency Use Only II) 111 Evaluation for Agency Use Only 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or pro- posed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. All within City b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. Refer to Planning Department c. Proposed measures to reduce or control impacts, if any: A section in ordinance allows for variance to ordinance requirements based on historic nature of structures 14. Transportation a. Identify public streets and highways serving the site, and describe proposed accss to the existing street system. Show on site plans, if any. Dike access roads required as part of dike construction will tie into public R /W's and public streets where feasible. b. Is the site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? N/A c. How many parking spaces would the completed project have? How many would the project eliminate ?____ N/A • d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). Access roads for dike /levee protection e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. g. Maintenance of f tture dikes and levees Proposed measures to reduce or control transpor- tation impacts, if any: Secure rights -of -way - 'easements_ for access to new dike systems 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. Maintenance and operation ofd dike facilities b. Proposed measures to reduce or control direct impacts on public services, if any. By implementation of ordinance reduction of flood hazard and _emergency rEsponse due to flooding Evaluation for Agency Use Only • • Evaluation for 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. N/A b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Dikes /levees C. Signature The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its ecci ion. Signature: Date Submitted: s-4„ cc tN c,(Iv1N -- PLEASE CONTINUE TO THE NEXT PAGE. Agency Use Only TO,BE COMPLETED BY A .1411k • Evaluation for Agency Only D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (do not use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not imple- mented. Respond briefly and in general terms. 1. Now would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? By implementation of Flood Ordinance criteria, reduction in potential in flooding and subsequent contamination of storm waters and untreated local storm drainage is reduced Proposed measures to avoid or reduce such increases are: N/ A 2. How would the proposal be likely to affect plants, ani- mals, fish, or marine life? Reduction of potential flooding improves likelihood of stable environment Proposed measures to protect or conserve plants, ani- mals, fish, or marine life are: New criteria for dike /levee protection bank stabilization reviews and identification of R/W for dike /levee maintenance and operations are measures in new ordinance to protect /conserve plants, animals, fish and marine life adjacent to the Green • • Evaluation for Agency Use Only 3. How would the proposal be likely to deplete energy or natural resources? Where dikes required some vegetation would be removed Proposed measures to protect or conserve energy and natural resourses are: Proper flood proofing and dike protection will conserve on emergency services for sandbagging, etc. during floods 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The Green River, Gilliam Creek and adjacent wetlands In general, the construction of dike /levee ystems and insuring bank stablization through the Flood Control Zone Permitting process will improve the stabilization of riverbank and wet land environments Still, riverbank areas may be needed to construct dikes/levees. Proposed measures to protect such resources or to avoid or reduce impacts are: Dike /levee protection will preserve current river course and environment 5. How would the proposal be likely to affect land and shoreline use, inclduing whether it would allow or encourage land or shoreline uses incompatible with existing plans? River bank stabilization studies and permit process is designed to protect shoreline use but not encourage uses beyond current zoning regulations. Appeals /variance process protects against incompatible uses which might produce a negative effect on property use. • • Evaluation for Agency Use Only Proposed measures to avoid or reduce shoreline and land use impacts area: In new ordinance, general and specific design criteria for flood proofing permit process for compliance and appeals /variances process are measures that should reduce /eliminate flooding in shoreline areas allowing ore dependable use of these flood prone areas for full developmpnt_rompatih -1P with land usP /zoning_ How does the proposal conform to the Tukwila Shoreline Master Plan? Don't know. This determination will be made by the Tukwila Planning Department (see Jack Page) and DOE 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Dike maintenance roads will generate minimal traffic use /service with occasional heavy use for dike reconstruction Proposed measures to reduce or respond to such demand(s) are: None 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. No • • Evaluation for Agency Use Only 8. Does the proposal conflict with policies of the Tukwila Comprehensive Land Use Policy Plan? If so, what poli- cies of the Plan? No knowledge See Planning Department (Jack Pace) Proposed measures to avoid or reduce the conflict(s) are: TO BE COMPLETED BY A. -Il • Evaluation for Agency'Use Only E. SUPPLEMENTAL SHEET FOR ALL PROJECT AND NON PROJECT PROPOSALS The objectives and the alternative means of reaching the objectives for a proposal will be helpful in reviewing the aforegoing items of the Environmental Checklist. This information provides a general overall perspective of the proposed action in the context of the environmental infor- mation provided and the submitted plans, documents, suppor- tive information, studies, etc. 1. What are the objective(s) of the proposal? To update the flood control zone ordinance due to substantial changes in FEMA model ordinance put into effect December 1986 and required of local jurisdictions administratingthe flood insurance insurance program 2. What are the alternative means of accomplishing these objectives? Adopt FEMA model flood ordinance without modifications to address specific needs of local agency Do nothing 3. Please compare the alternative means and indicate the preferred course of action: Do nothing - this alternative may jeopardi7P the city's eligibility to participate in the Federal flood insurance program. Adopt FEMA model ordinance without modifications_ the federal model flood ordinance contains extraneous criteria (i.e. flood hazard areas "V ") which do not apply. Also some designations of permitted huilding construction (i.e. manufactured homes) conflict with the City's more restrictive construction codes • • Evaluation for Agency Use Only 4. Does the proposal conflict with policies of the Tukwila Comprehensive Land Use Policy Plan? If so, what poli- cies of the Plan? Don't know See Planning Department (Jack Pace) Proposed measures to avoid or reduce the conflict(s) are: -23- /^ � 't, ' 47 The Draft will be compliant if the following changes c,0 are made: \�Q lV5(1 694,.74-0.4.776..4, rc . rn.i i 9c c#o.c 41) (sd�_ 6541=7100r S• 1 - e o .= a ?a 02Jr,t‘ C. . (.4.)0.14-D Pi 3 %— Pi T /I' Ijvd2 SLGpo,, 7 A ( 1) © Mt 411- 6 a A o = �e.,70 p Nvirre -S : c`L. w:1S% de- 4vvc4erage (S 4ec. 5'4 I - 1 CL)� c i�cs7y:tr a c-7 ,4- • Mil Q• (t. s#.fi'Y.> (S. 154. • .S 2-3 c r= imv,7 i L T F rJ #, rd>v,re-,5 4r2 ND; ' ,�,��•�s<� I ya.> 3 ...) ss�� 1)5 De • rt a4, 7D _54 t4, % I('t S . • • Federal Emergency Management Agency RECeiv Region X Federal Regional Center • Bothell, Washington 98021.9796 Nov �� 4ft MFr � vL-Y 2 7, 14p 7 MEMORANDUM FOR: F/24 5.4 , 56.0i c94, C r ry N /h- c. G 2490 S, —+rc.,i •v v.,, I ✓�1�I t..4 t Lc1If" .%letr FROM: t�f�ll LX- ��� yat ` �F 7- y L /(206) x.83 -4- Natural and Technological Hazards Division SUBJECT: C/ 7y o,= (u/tr c.4- Review of Draft Flood Ordinance (Date) r 77n. JUL 2 8 1987 owi IC WO4,(S Because of the volume of ordinances we must review in keeping with the April 1, 1987 deadline and because it is not possible or timely to send you typewritten comments, following are our handwritten comments on the Draft ordinance you transmitted on --C/L 0 I 2cfcliv4D 7 L1 The Draft is compliant with Nation= . Flood Insurance Program Requirements and, if adopted by Ap 1 1, 1987, will assure your continued eligibility. PLEASE SEND A SIGNED, DATED AND CERTIFIED COPY WHEN ADOPTED SO THAT WE MAY SEND YOU A COMPLIANCE LETTER. The SOe-y rot 15 7 Draft is not compliant. LJ Enclosed is a copy of an Evaluation For (3 pages) highlighting those sections that are deficient (this form cross - references Model Ordinance and Federal Regulation sections). 74/s /9- (/6:4 y 7fle,2 Pv6, o / 4.4, c f_ CITY OF TUKWILA CENTRAL PERMIT SYSTEM ENVIRONMENTAL REVIEW ROUTING FORM: TO: PROJECT LOCATION 11 • CN EPIC FILE )4-3-1 I? Noy �Fo 6 ?4bLT Nlry 43 BLDG El PLNG j P.W. f POLICE 0 P & R ., ) )L L& - DATE TRANSMITTED /?j.) /—) STAFF COORDINATOR 12", (Q, FILE NO. RESPONSE REQUESTED BY J. J )I ) RESPONSE RECEIVED THE ATTACHED ENVIRONMENTAL CHECKLIST WAS RECEIVED REGARDING THIS PROJECT. PLEASE REVIEW AND COMMENT BELOW TO ADVISE THE RESPONSIBLE OFFICIAL REGARDING THE THRESHOLD DETERMINATION. THE ENVIRONMENTAL REVIEW FILE IS AVAILABLE IN THE PLANNING DEPART- MENT THROUGH THE ABOVE STAFF COORDINATOR. COMMENTS REGARDING THE PROJECT YOU WISH CARRIED TO THE PLANNING COMMISSION, BOARD OF ADJUSTMENT, AND CITY COUNCIL SHOULD BE MADE ON THE ATTACHED CENTRAL PERMIT SYSTEM ROUTING FORM. ITEM COMMENT ti • by n • .'r r;t it l.il c CITY OF T UK'•P:!!;...; JL _ l,j -- -r .,;i rl'% DATE COMMENTS PREPARED BY C.P.S. Form 11 CITY OF TUKWILA CENTRAL PERMIT SYSTEM • ENVIRONMENTAL REVIEW ROUTING FORM: • CN EPIC FILE TO: 196 BLDG 1 1 PLNG P.W. 1 1 FIRE PROJECT ij;Y' 6,/) k / 5fLP- DATE TRANSMITTED) /3j -) STAFF COORDINATOR C'/L ae‘ LOCATION POLICE god ��Fo 06 1� lo M� 3i �E,, P &R Fk? FILE NO. RESPONSE REQUESTED BY(,) )G j RESPONSE RECEIVED THE ATTACHED ENVIRONMENTAL CHECKLIST WAS RECEIVED REGARDING THIS PROJECT.. PLEASE REVIEW AND COMMENT BELOW TO ADVISE THE RESPONSIBLE OFFICIAL REGARDING THE THRESHOLD DETERMINATION. THE ENVIRONMENTAL REVIEW FILE IS AVAILABLE IN THE PLANNING DEPART- MENT THROUGH THE ABOVE STAFF COORDINATOR. COMMENTS REGARDING THE PROJECT YOU WISH CARRIED TO THE PLANNING COMMISSION, BOARD OF ADJUSTMENT, AND CITY COUNCIL SHOULD BE MADE ON THE ATTACHED CENTRAL PERMIT SYSTEM ROUTING FORM. ITEM COMMENT .1 DATE 7- - -(7 COMMENTS PREPARED BY C.P.S. Form 11 CITY OF TUKWILA CENTRAL PERMIT SYSTEM ENVIRONMENTAL REVIEW ROUTING FORM: TO: PROJECT LOCATION 11 EPIC FILE j 4- -) RFC F/ No v V�d 6 0 env 44/13��, �0�3 P & R 'fir BLDG PLNG 1 P.W. f-1 ayrb,(0 1 y5n.p, 1.)1() Janes ( -6 cd-. DATE TRANSMITTED J /j-) 1 �? STAFF COORDINATOR L'C/ (2(<4e FIRE (—I POLICE FILE NO. RESPONSE REQUESTED BY (_)i16 )Gj RESPONSE RECEIVED THE ATTACHED ENVIRONMENTAL CHECKLIST WAS RECEIVED REGARDING THIS PROJECT. PLEASE REVIEW AND COMMENT BELOW TO ADVISE THE RESPONSIBLE OFFICIAL REGARDING THE THRESHOLD DETERMINATION. THE ENVIRONMENTAL REVIEW FILE IS AVAILABLE IN THE PLANNING DEPART- MENT THROUGH THE ABOVE STAFF COORDINATOR. COMMENTS REGARDING THE PROJECT YOU WISH CARRIED TO THE PLANNING COMMISSION, BOARD OF ADJUSTMENT, AND CITY COUNCIL SHOULD BE MADE ON THE ATTACHED CENTRAL PERMIT SYSTEM ROUTING FORM. ITEM COMMENT DATE ?7‹.- �,–,.:7 COMMENTS PREPARED BY C.P.S. Form 11 D R A F T CITY OF TUKWILA ORDINANCE NO. RECEIVED NOV 06 2003 0 6-yeL� ME AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, RESCINDING ORDINANCES NOS. 1220 AND 1225 AND SUBSTITUTING WITH A NEW ORDI- NANCE, TO MEET THE NEW FEDERAL REGULATIONS, EFFECTIVE OCTOBER 1, 1986, FOR FLOOD PLAIN MANAGEMENT AND MODEL FLOOD DAMAGE PREVENTION POLICIES AS REQUIRED OF JURISDICTIONS PARTICIPATING IN THE NATIONAL FLOOD INSURANCE PROGRAM. WHEREAS, the legislature of Washington State, in Title 86 of the Revised Code of Washington, has authorized local governmental agencies to regulate use and development of flood- hazard areas within their Jurisdic- tions in order to reduce such hazards, and WHEREAS, continued participation by the City of Tukwila in the National Flood Insurance Program requires adoption of flood plain management stan- dards and a flood plain construction permit process, NOW, THEREFORE, the City Council of the City of Tukwila, Washington do ordain as follows: SECTION 1: INTRODUCTION. Chapter 16.5 of the Tukwila Municipal Code (Ordinance 1220 and as last amended by Ordinance 1225) is rescinded and therefore is substituted with 2 the language of this ordinance passed on , 1987. SECTION 2: FINDINGS. THE COUNCIL OF THE CITY OF TUKWILA FINDS THAT: A. The City has entered into the Green River Management Agreement with other jurisdiction to create policies and requirements for the management of drainage into the Green. B. The City is committed in cooperation with other agencies to a dike/ - levee program for the protection of adjacent low lying properties. C. The City is committed to carrying out the local responsibilities for the flood insurance program to assist eligibility for flood insurance. D. The City is committed to securing obtaining right -of -way easements for future dike /levee protection system to assure maintenance. E. The City is committed to the preservation of natural river banks which provide equavalent bank protection to properties. SECTION 3: PURPOSE. It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by enacting provisions designed to: A. Protect life, health and property by controlling the use of lands below the 100 year flood plain in flood zone area M2; B. Minimize business interruptions; C. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions at the time of development or substan- tial redevelopment of their properties. D. Protect downstream or surrounding property from higher velocities or higher flood levels which may be caused by loss of holding capacity in the flood plain; E. Minimize the expenditure of public money for remedial flood control measures; F. Minimize the need for rescue and relief efforts associated with flooding which are generally undertaken at the expense of the general public; G. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in the floodway; H. Qualify the City of Tukwila and existing homes and businesses for participation in the federal flood insurance program; and, I. Implement local, state and federal flood protection programs. J. Comply with the storm water policies City of Tukwila Comprehensive Land Use Policy Plan (Adopted by Ord. 1039). SECTION 4: POLICIES FOR REDUCING FLOOD LOSSES. In order to accomplish its purpose, this ordinance includes policies to A. Establish restrictions and regulations to assure new and substantial redevelopments are adequately flood-proofed and qualify for the flood insurance program. B. Control local runoff by the establishment and enforcement of policies which allow for runoff and rates of runoff most compatible with the hydrology of the Green River. C. Establish levee /dike requirements including levee /dike /bank protection standards and a dike /levee construction plan. 4 D. To assure adequate levees /dikes are provided throughout the City. E. Require easements and right -of -ways to maintain future dike /levee systems. F. To preserve natural river bank barriers, control filling, grading, dredging and other development which will unaturally divert floodwaters or which may increase flood hazards in other areas. SECTION 4: DEFINITIONS. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usages and to give this ordinance its most reasonable application. A. "Appeals Board" - a hearing board consisting of the City Administrator, Planning Director, and an appointed licensed civil engineer that reviews and determines appeals and variance requests. B. "Areas of shallow flooding" means a designated "AO" or "AH" zone on the Flood Insurance Rate Map (FIRM). The base flood depth 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. "AO" is characterized as sheet flow and "AH" indicates ponding. C. "Areas of special flood hazard" means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letter "A ". D. "Base flood elevation" means the flood having a one percent chance of being equalled or exceeded in any given year and as designated by a flood elevation on the FIRM and floodway maps; also referred to as the 5 "100 -year flood ". Designation on maps always includes the letter "A ". E. "City" means the City of Tukwila or the city council of Tukwila. F. "Development" means any man -made change of improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within flood hazard areas. G. "Director" means the director of the Department of Public Works or his designee. H. "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 waters and /or (2) The unusual and rapid accumulation of runoff of surface waters from any source. I. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. J. "Floodplain" means the relatively flat areas or lowlands adjoining the channel of a river, stream, watercourse, or other body of water, which have been or may be covered by floodwater. For the purpose of this chapter, "floodplain" includes those areas now or hereafter included within the city of Tukwila defined as "land within a community subject to a one percent or greater chance of flooding in any given year" and as indicated on the flood profiles and the flood boundary and floodway maps included in the 1981 Flood Insurance Study. In the areas not included in said reports, the floodplain includes all areas subject to 6 floods at streamflow rates comparable to those set forth in the 1981 Flood Insurance Study and Maps as constituting the base flood level. The location of the floodplain may be revised by the director of public works, based on conditions which may alter its location. Any such revisions may be based upon: (A) Date utilized by the 1982 Flood Insurance Study{ (8) Changes in elevations of areas within the floodplain, occur- ring since the last revision affecting such area; (C) Channel changes. K. "Flood Zone Insurance Study" means the official report (exhibit A) provided by the Federal Insurance Administration that includes flood profiles, the flood boundary - floodway map, and the water surface elevation of the base flood. L. " Floodway" means the established dike channel or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 of a foot. The floodway is the regular channel established by an existing dike system plus that portion of the flood plain which has been defined as floodway and delineated on maps by the Federal Insurance Administration or by The Corps of Engineers as designated by FEMA. M. "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 7 the structure in violation of the applicable non - elevation design requirements of this ordinance found at section 7 -8 (Specific Stan- dards) 1 -B, N. "New construction" means structures for which the "start of construc- tion" commenced on or after the effective date of this ordinance. 0. "Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit 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 preparation, such as clearing, grading and filling; nor does it include the installation of streets and /or walkways; 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. P. "Structure" means a walled and roofed building. "Structure" also means a gas or liquid storage tank that is principally above ground. Q. "Substantial improvement" means any repair, reconstruction, or improve- ment of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) Before the improvement or repair is started, or (2) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "sub- stantial improvement" is considered to occur when the first 8 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, includes (1) Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) Any alteration of a structure listed on the national Registry of Historic Places or a state inventory of historic places. SECTION 5s THE FLOOD CONTROL ZONE PERMIT PROCESS GENERAL PROVISIONS A. Lands to which this ordinance applies This ordinance shall apply to all areas of special flood hazards within the jurisdiction of the City of Tukwila. B. Basis for establishing the areas of special flood hazard The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the City of Tukwila ", dated 19____, with accompanying flood insurance maps is hereby adopted by reference and declared to be a part of this ordinance. The flood insurance study is on file at Tukwila Public Works Department. C. Abrogation and greater restrictions This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 9 D. Authority The City of Tukwila, through the Public Works Department, shall consider and interpret information produced by the Army Corps of Engineers and the Federal Emergency Management Agency to determine the location of flood plains, floodways, or floodway fringes. E. Maps shall be adopted Flood hazard areas shall be shown and defined on city floodway (flood boundary, FIRM and floodway maps) maps which shall become a part of this chapter by adoption by the City Council, as they are amended. Copies of the maps shall be maintained for inspection by the public in the Public Works Department. F. Information to be obtained and maintained The City will obtain from the applicant, and maintain a record of, the actual elevation (in relation to NGVD datum, mean sea level) of substantially improved structures within a flood hazard area and whether or not the structure contains a basement. G. Interpretation In the interpretation and application of this ordinance, all provisions shall be; a. Considered as minimum requirements; b. Liberally construed in favor of the governing body; and, c. Deemed neither to limit nor repeal any other powers granted under the state statutes. H. Warning and disclaimer of liability The degree of flood protection required by this ordinance is considered 10 reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man -made or natural causes. This ordinance does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Tukwila, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this ordinance or any administration decision lawfully made hereunder. I. Administration of Flood Zone Control Permit 1. Establishment of development flood zone control permit. A development (FZCP) permit shall be obtained before construction or development begins within any area of special flood hazard established is Section 5 -B The permit shall be for all structures as set forth in the "definitions ", and for all development including fill and other activities, also as set.. forth in the "definitions ". 2. Application for flood control zone permit. A Flood Control Zone Permit application shall be filed with the City for all developments at the time of filing grading or fill permit, building permit, tenant improvement or shoreline permit. No permit or license for structures or the development or use of land shall be issued by the City within a flood hazard area unless approved by the Department of Public Works. Such approval shall be based on a review of the provisions set forth in this ordinance 11 and the technical findings and recommendations of the appropriate City departments. Compliance with the provisions of this ordi- nance does not obviate the need to obtain other permits which may be required pursuant to state or federal law including approvals required from the Washington State Department of Social and Health Services and /or ecology relating to water and /or sewer systems which ensure that water and sewer systems will be designed to avoid infiltration, inflow or impairment. Application for a development (FCZ) permit shall be made on forms furnished by the Director of Public Works and may include but not be limited to four sets of plans recommended to 20 scale, showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials and drainage facilities. Specifically, the following information is required: a. Elevation in relation to mean sea level, NGVD datum, of the lowest floor (including basement) of all structures; b. Elevation in relation to mean sea level, NGVD datum, to which any structure has been floodproofed; c. Certification by a registered Professional Engineer or a licensed architect that the floodproofed methods for any nonresidential structure shall meet the floodproofing criteria in Section 7 -B (Specific Standards) -2. d. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. 3. Designation of the Director of Public Works 12 The Director of Public Works is hereby appointed to administer and implement this ordinance by granting or denying development (FCZ) permit applications in accordance with its provisions. 4. Duties and responsibilities of the Director of Public Works Duties of the Director of Public Works shall include, but not be limited to the followings a. Permit review (1) Establish and manage a FCZ development permit review procedure, publish such and make available to all developers through a flood control zone permit system. (2) Review all (FCZ) development permits to determine that the permit requirements of this ordinance have been satisfied. (3) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provision of Section 7- C(1)(Floodways), is met. b. Use of Other Base Flood Data When base flood elevation data has not been provided in accordance with section 5 -I -2, basis for establishing the areas of special flood hazard, the Public Works Director will obtain, review and reasonably utilize any base flood eleva- tion and floodway data available from a federal, state or other source, in order to administer section 7 -B (Specific Standards, and Section 7 -C (Floodways) (specific standards) floodways. 13 c. Information to be obtained and maintained (1) Where base flood elevation is provided through the flood insurance study or required as in section 5- I -4 -b) obtain and record the actual elevation (in relation to the mean sea level, NGVD of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. (2) For all new or substantially improved structures: (a) Verify and record the actual elevation (in relation to mean sea level, NGVD), and (b) Maintain the floodproofing certification required in Section 5- I -2 -c. (3) Maintain for public inspection all records pertain- ing to the provisions of this ordinance. d. Alteration of watercourses (1) Notify adjacent communities and the Washington State Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration, obtain necessary approvals for change in the water course through FEMA, prior to authorizing any develop- ment to carry out a development which will change any water course. 14 (2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. e. Interpretation of FIRM boundaries Make interpretations where needed as to exact location of the boundaries of the areas of special flood hazards (i.e., where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in section 6. The initial step in receipt of the application from the developer is for Public Works Department to determine if the property is or is not in a flood hazard area. The developer shall be notified, in writing, of this determination. If it appears the property lies within the floodway or floodway fringe, or any other flood hazard area, then required submittals as outlined in this ordinance, including surveys, plans and supporting docu- ments necessary to determine the applicability of City regulations to the proposed structure, development or use, will be requested by the City. The Diredctor or his (her) designee shall, within a reasonable time, after other required agency reviews are completed, indicate approval or disapproval of the requested flood control zone permit; and if approved, the conditions of approval will be provided in a letter to the applicant, with copies to appropriate agencies, including D.O.E. Whenever any alteration or relocation of any watercourse is proposed, the Department of Public Works shall notify adjacent communities prior to 15 such relocation or alteration and submit such notifications to the Federal Emergency Management Agency. 5. Duty to Obtain Other Permits The flood control zone development permit process as outlined in this ordinance shall not constitute a license or permit to undertake substantial construction as provided in the state shoreline management act of 1971, nor shall said (FCZ) development permit be considered an authorization to construct under the uniform building code as adopted by Tukwila City Ordinance No. 1393. Nothing in this ordinance shall relieve the applicant from obtaining all required permits, licenses and approvals required for the proposed project under applicable federal, state and local provisions of law. SECTION 6: APPEALS AND VARIANCE A. Appeals Board (1) The Tukwila Appeals Board, consisting of the Planning Director, an appointed licensed civil engineer, and the City Administrator, shall hear and decide appeals and requests for variance from the requirements of this ordinance. The appointment of the licensed civil engineer shall be made by the other two board members. The City will pay for all costs for the attendance of this board member at appeal hearings. (2) The Appeals Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Director of Public Works in the enforce- Lo ment or administration of this ordinance. (3) Those aggrieved by the decision of the Appeals Board, or any taxpayer, may appeal such decision to the (Na- me of appropriate court), as provided in State Statute (4) Criteria for Reviewing Interpretations for Appealst In passing upon such applications, the Appeals Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and a. The danger that materials may be swept onto other lands to the injury of others; b. The danger to life and property due to flooding or erosion damage; c. The susceptibility of the proposed facility and its contents. d. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; e. The relationship of the proposed use to the comprehensive dike /levee plan and flood plain management program, if available, for that area; f. The safety of access to the property for dike /levee protec- tion in times of flood for ordinary and emergency vehicles; g. The expected heights, velocity, rate of rise, and sediment transport of the flood waters expected at the site; and, h. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public levees /dikes, utilities and other facilities such as sewer, gas, electrical, and water systems, and streets and bridges. 1% (5) Upon consideration of the factors of Section 6 -A -(4) and the purposes of this ordinance, the. Appeals Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. (6) The Director of Public Works shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. B. Appeal and Variance Process Appeals and variances provided for in this ordinance shall be governed by this section: (1) Notice of Appeal /Notice of Request for Variance Notice of Appeal /Notice of Request for Variance shall be filed with the Tukwila Public Works Department in letter form within fifteen (15) days of receipt of or notification from the Director of Public Works to the applicant of: a. Denial, approval, or conditional approval of a development permit; or b. Written interpretation of the flood hazard boundary maps. Said Notice of Appeal /Request for Variance shall describe the action being appealed, the exact remedy which is sought, and a statement of facts, findings and documentation supporting the appeal request. (2) Referral to the Appeals Board Notice of appeal shall be referred by the Public Works Department to the Appeals Board for a public hearing. (3) Notice of Public Hearing Notice of the time and place for a public hearing for an appeal of 1B a decision of the Director of Public Works shall be given by the City Clerk's Office in the following manner:, a. By publication in a newspaper of general circulation in the city not less than fifteen (15) days prior to the date of the hearing. b. By mailing of notices not less than ten (10) days prior to the date of hearing to owners of property within three hundred (300) feet of the exterior boundaries of the property involved. (4) Written Determination. The Appeals Board, within thirty (30) days after the public hearing, shall issue a written decision accompanied by a statement of the reasons therefor. C. Criteria for Variances Any one or more of the following criteria shall be met for a variance to be granted: (1) Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one -half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items a through h above in Section 6 -A -(4) have been fully considered. As the lot size increases the technical justification required for issuing the variance increases. (2) Variance may be issued for the reconstruction, rehabilitation or 19 restoration of structures listed on the National Register of Historic Places or the state inventory of historic places without regard to the procedures set forth in this section. (3) Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. (4) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (5) Variances shall only be issued upon; a. A showing of good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional hardship to the applicant. c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense as identified in Section 6- A -(4), or conflict with existing local laws or ordinances. (6) Variances as interpreted in the National Flood Insurance program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood 'elevations should be quite rare. 20 (7) Variance may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry - floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except Section 6 -C (Criteria for Vari- ance)-(1), and otherwise complies with Section 1 of the General Standards. (8) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. SECTION 7: PROVISIONS FOR FLOOD HAZARD REDUCTION A. GENERAL STANDARDS IN ALL AREAS OF SPECIAL FLOOD HAZARDS, THE FOLLOWING STANDARDS ARE REQUIRED: (1) Construction Materials and Methods a. All new construction and substantial improvements shall be constructed with materials and utility materials resistant to flood damage. b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. c. Interior electrical, heating, ventilation, plumbing, and air - conditioning equipment and other service facilities shall be designed and /or otherwise elevated or located so as to 21 prevent water from entering or accumulating within the components during conditions of flooding. d. All new construction and substantial improvements shall be designed to minimize or eli inate infiltration of flood waters into the system; (2) Utilities a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and, c. On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flood- ing. (3) Subdivision Proposals a. All subdivision proposals shall be consistent with the need to minimize flood damage; b. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and, d. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for all subdivision proposals. (4) Review of Building Permits Where elevation data is not available either through the flood insurance study or from another authoritative source (section 5 -8 -46) applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgement and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate to at least two feet above grade in these zones may result in higher insurance rates. IN ADDITION, IN ALL AREAS ADJACENT TO THE GREEN RIVER THE FOLLOWING STAN- DARDS ARE REQUIRED; (3) Construction /Reconstruction of Dikes /Levees As part of the floodproofing for developments adjacent to the Green River through Tukwila, construction or reconstruction of the dike /levee system in accordance with dike /levee plans and engin- eering studies, and in accordance with the Green River Management Agreement (A.G. *85 -043), will be required as part of the plan submittal. If dike /levee improvements are not required, and the natural river bank is allowed as bank protection, then a river bank stabilization analysis shall be provided to the Public Works Department for review as part of the plan submittal. (4) Dedication of levee /dike /river bank access construction and maintenance easements all properties adjacent to the Green River shall as part of their development dedicate construction and maintenance easements for access and maintenance of existing or future dikes /levees /and river banks along the Green River as part of their plan submittal these easements shall be provided in such a manner as immediate access is allowed from other public rights- - of -way for maintenance and construction of dikes /levees. B. SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 5 -8, basis for establishing the areas of special flood hazard or Section 7 -3 -D Use of Other Base Flood Data, the following provisions are required: 1. Residential Construction a. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to a minimum of one foot above the level base flood elevation. b. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a Registered Professional Engineer or a licensed architect or must meet or exceed the following minimum criteria; ((1)) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed areas subject to flooding shall be provided. ((2)) The bottom of all openings shall be no higher than one foot above grade. ((3)) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 2. Nonresidential Construction New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest flood, including basement, elevated to a minimum of one foot above the level of the base flood elevation; or, together with atten- dant utility and sanitary facilities, shall; A. Be floodproofed so that the structure is water tight one foot above the base flood level, with walls substantially impermeable to the passage of water; B. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and C. Be certified by a Registered Professional Engineer or licensed architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provision of this subsection based on their development and /or • review of the structural design, specifications and plans. Such certification shall be provided to the official as set forth in Section 5- I- 4c(2). D. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in Section 7 -B -lb. E. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building constructed to the base flood level will be rated as one foot below that level). C.` FLOODWAYS Located within areas of special flood hazard established in section 5-B -2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: (1) Prohibit encroachments, including fill, new construction, substantial improvements and other developments unless certification by a regis- tered Professional Engineer or licensed architect is provided demon- strating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (2) If Section 7 -C(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 7, provisions for flood hazard reduction. Note: Where base flood elevations have been provided but floodways have not, Section 7 -C (Floodways) above, should read as followss D. ENCROACHMENTS The cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than 0.2 of a foot at any point along the river course. (1) Flood Control Zone Permits and Licenses - Approvals A Flood Control Zone Permit application shall be filed with Public Works for all developments at the time of filing the building permit and /or shoreline permit, whichever is first. No permit or license for structures or the development or use of land shall be issued by the City within a flood hazard area unless approved by the Department of Public Works. Such approval shall be based on a review of the provisions set forth in this ordinance and the technical findings and recommendations of the appropriate City departments. Compliance with the provisions of this ordinance does not obviate the need to obtain other permits which may be required pursuant to state or federal law including approvals required from the Washington State Department of Social and Health Services and /or ecology relating to water and /or sewer systems which ensure that water and sewer systems will be designed to avoid infiltration, inflow or impairment. (2) Procedural Requirements for Flood Control Zone Permits The standard procedure form to accept and process applications for city flood zone control development permits is per the approved procedure handout (exhibit B) attached to this ordinance. The Director of Public Works may, at his discretion, deviate from this procedure, or amend this procedure form. The procedure form is available to the public at the Public r Works Department. The initial step in receipt of the application from the developer is for Public Works Department to determine if the property is or is not in a flood hazard area. The developer shall be notified, in writing, of this determination. If it appears the property lies within the floodway or floodway fringe, or any other flood hazard area, then required submittals as outlined in this ordinance, including surveys, plans and supporting documen- ts necessary to determine the applicability of City regulations to the proposed structure, development or use, will be requested by the City. The Director or his (her) designee shall, within a reasonable time, after other required agency reviews are completed, indicate approval or disapproval of the requested flood control zone permits and if approved, the conditions of approval will be provided in a letter to the applicant, with copies to appropriate agencies, including D.O.E. Whenever any alteration or relocation of any watercourse is proposed, the Department of Public Works shall notify adjacent communities prior to such relocation or alteration and submit such notifications to the Federal Emergency Management Agency. SECTION 8: PENALTIES FOR NON - COMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the provisions of this ordinance by failure to comply with any of its requirements (including violation of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00 or imprisoned for more than 6 months, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City of Tukwila from taking such other lawful action as is necessary to prevent or remedy any violation. SECTION 911 SEVERABILITY If any section, subsection, sentence, clause or phrase of this ordi- nance or its application to any person or circumstance is for any reason held to be invalid or unconstitutional, the remainder of the ordinance shall not, as a result of said section, subsection, sentence, clause or phrase be held unconstitutional or invalid. Passed by the City Council of the City of Tukwila, Washington at a regular meeting thereof this day of , 1987. ATTEST APPROVED AS TO FORM Mayor City Clerk 29 29 City Attorney, Jim Haney Published Valley Daily News • CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan(a�ci.tukwila.wa.us SEPA ENVIRONMENTAIi RECEIVED REVIEW / NOV 06 20031 COMMUNITY, NAME OF PROJECT/DEVELOPMENT: N t= W Loot c:re--1>k LOCATION OF PROJECT/DEVELOPMENT: (Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. LIST ALL 10 DIGIT PARCEL NUMBERS. a_nce /Cad- 1P,2Qi,te_ ca -4ecor 1,f) k..� C° r o4 T tech 4 Quarter: Section: Township: Range: (This information may be found on your tax statement.) DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. Name: L, \ti-L. /tLe s u ( h e ��nn - ✓ b C� / 2Y1�`L X71 071,�� T' e foe) Address: & 300 7u kuJi 6+ ?g/ cFe` Phone: 2-06• /•V.4/% Signature: P: \Red_Book \SEPA_APP.DOC, 01/23/03 FAX: Pale 43/- 3tvGS Date: 4 o ✓ - 262v_' FOR STAFF USE ONLY SIERRA TYPE P-SEPA Planner: File Number: E o 2 _ O- J Application Complete (Date: ) Project File Number: Application Incomplete (Date: ) Other File Numbers: e pI G _ 11-1-2 1 NAME OF PROJECT/DEVELOPMENT: N t= W Loot c:re--1>k LOCATION OF PROJECT/DEVELOPMENT: (Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. LIST ALL 10 DIGIT PARCEL NUMBERS. a_nce /Cad- 1P,2Qi,te_ ca -4ecor 1,f) k..� C° r o4 T tech 4 Quarter: Section: Township: Range: (This information may be found on your tax statement.) DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. Name: L, \ti-L. /tLe s u ( h e ��nn - ✓ b C� / 2Y1�`L X71 071,�� T' e foe) Address: & 300 7u kuJi 6+ ?g/ cFe` Phone: 2-06• /•V.4/% Signature: P: \Red_Book \SEPA_APP.DOC, 01/23/03 FAX: Pale 43/- 3tvGS Date: 4 o ✓ - 262v_' • • Control No. Epic File No. Fee: Receipt No. ENVIRONMENTAL CHECKLIST A. BACKGROUND 1. Name of proposed project, if applicable: New Flood Zone Control Ordinance. 2. Name of applicant: City of Tukwila, Public Works Department, 3. Address and phone number of applicant and contact person: Jill Mosqueda P.E. 6300 Southcenter Blvd. Suite 100 Tukwila, WA 98188 4. Date checklist prepared: November 7, 2003. 5. Agency requesting checklist: City of Tukwila. 6. Proposed timing or schedule (including phasing, if applicable): Ordinance approval by February, 2004 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Flood Insurance Study Green River Management Study Page 1 .r • • ENVIRONMENTAL CHECKLIST 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None known.' 10. List any government approvals or permits that will be needed for your proposal. � Approval from Department of Ecology received 04.08.03. DOE represents Federal Emergency Y Management Agency (FEMA). 1. ;..Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. Section E requires a complete description of the objectives and alternates of your proposal and should not be summarized here. Update City's existing Flood Zone Ordinance meet current FEMA Model Flood Ordinance standards and requirements. 12. Location of the proposal. Give sufficient information for a person to understand the precise, location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The ordinance applies to all flood zones within the City limits shown on FEMA maps and to all flood -prone areas designated by the Public Works Director. 13. Does the proposal lie within an area designated on the City's Comprehensive Land Use Policy Plan Map as environmentally sensitive? Yes. B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other: b. What is the steepest slope on the site (approximate percent slope)? 10% Page 2 ENVIRONMENTAL CHECIAT c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. All types. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. None. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. No. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? NA — non - project SEPA. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Not Applicable 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Not Applicable b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. Not Applicable c. Proposed measures to reduce or control emissions or other impacts to air, if any: Not Applicable Page 3 • • ENVIRONMENTAL CHECKLIST 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year -round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. Green/Duwamish River. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Yes. Regulates development within flood zones and flood -prone areas. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Not applicable. Fill is not allowed in flood ways. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities, if known. No. 5) Does the proposal lie within a 100 year floodplain? If so, note location on the site plan. The ordinance applies to development and other activities within the 100 -year floodplain. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities, if known. No. 2) Describe waste materials that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.) Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. Not applicable. Page 4 ENVIRONMENTAL CHECKLLT • c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. The Duwamish/Green River flow is controlled by Howard Hanson Dam. The lower reaches of the Duwamish/Green River, within City of Tukwila limits, are tidally affected. 2) Could waste materials enter ground or surface waters? If so, generally describe. Ordinance contains provisions to minimize this possibility. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Existing dike /levee system, anchoring requirements, limits on development in floodway. 4. Plants a. Check or circle types of vegetation found on the site: I deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other I shrubs grass pasture crop or grain I wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other -V water plants: water lily, eel grass, milfoil, other I other types of vegetation b. What kind and amount of vegetation will be removed or altered? None. c. List threatened or endangered species known to be on or near the site. None. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: None. Page 5 ENVIRONMENTAL CHECKLIST 5. Animals a. Circle any birds or animals which have been observed on or near the site or are known to be on or near the site: Birds:. Hawk, heron, eagle, songbirds, other: Mammals: Deer, bear, elk, beaver, other: Fish: Bass, salmon, trout, herring, shellfish, other: Other: b. List any threatened or endangered species known to be on or near the site. Chinook salmon, bald eagle. c. Is the site part of a migration route? If so, explain. Yes. Pacific flyway. d. Proposed measures to preserve or enhance wildlife, if any: Reduce flooding and associated erosion and floating debris. Reduce flooding for more stable river environment. 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Not applicable. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Not applicable. 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. No. Page 6 ENVIRONMENTAL CHECKLLT 1) Describe special emergency services that might be required. None. 2) Proposed measures to reduce or control environmental health hazards, if any: Development standards in the ordinance aim to prevent debris and sewage from entering flood waters. The standards aim to protect utilities and structures from flood damage. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Not applicable. 2) What types and levels of noise would be created by or associated with the project on a short -term or long -term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Not applicable. 3) Proposed measures to reduce or control noise impacts, if any: Not applicable. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? Uses vary throughout the flood zones and the flood -prone area. b. Has the site been used for agriculture? If so, describe. No current agricultural activities. Historically, some areas were agricultural. c. Describe any structures on the site. Single - family residences, commercial, and manufacturing. d. Will any structures be demolished? If so, what? No. e. What is the current zoning classification of the site? Varies throughout the flood zones and the flood -prone area. f. What is the current comprehensive plan designation of the site? Varies and matches the City's zoning districts. Page 7 • • ENVIRONMENTAL CHECKLIST g. If applicable, what is the current shoreline master program designation of the site? Manufacturing industrial center or urban open- space. h. Has any part of the site been classified as an "environmentally sensitive," area? If so, specify. Flood zones are environmentally sensitive. i. Approximately how many people would reside or work in the completed project? Varies, depending on the development. J• Approximately how many people would the completed project displace? None. k. Proposed measures to avoid or reduce displacement impacts, if any: Not applicable. L Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: This ordinance does not conflict with or override land uses. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low - income housing? Not applicable. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low - income housing. Not applicable. c. Proposed measures to reduce or control housing impacts, if any: Not applicable. 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? No structures proposed. Existing dikes /levees at 100 -year flood (base flood) elevation plus 2 feet. b. What views in the immediate vicinity would be altered or obstructed? None. Page 8 ENVIRONMENTAL CHECI T • c. Proposed measures to reduce or control aesthetic impacts, if any: Not applicable. 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? None. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. c. What existing off -site sources of light or glare may affect your proposal? None. d. Proposed measures to reduce or control light and glare impacts, if any: Not applicable. 12. Recreation a. What designed and informal recreational opportunities are in the immediate vicinity? Bike and pedestrian trails on the dike /levee system. b. Would the proposed project displace any existing recreational uses? If so, describe. No. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: Existing bike and pedestrian paths on existing dike system. 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. None. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None. c. Proposed measures to reduce or control impacts, if any: The ordinance aims to reduce damage due to flooding. Page 9 • • ENVIRONMENTAL CHECKLIST 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. Dike access is ensured by easements and connections to the public right -of -way. b. Is the site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Not applicable. c. How many parking spaces would the completed project have? How many would the project eliminate? Not applicable. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). Not applicable. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. Not applicable. f How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. None. g. Proposed measures to reduce or control transportation impacts, if any: Not applicable. 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. No. b. Proposed measures to reduce or control direct impacts on public services, if any. The ordinance aims to reduce flood hazards, protect public facilities and reduce the need for emergency response. Page 10 ENVIRONMENTAL CHECKT 16. Utilities 41 a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. None. C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: Date Submitted: /UOV , Xe:b 3 Page 11 • • ENVIRONMENTAL CHECKLIST D. SUPPLEMENTAL SHEET FOR NON PROJECT ACTIONS (Do not use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result form the proposal, would affect the item at a greater intensity or at a faster rate than in the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely . to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? This ordinance should not increase any of these. This ordinance aims to decrease such discharges during a flood event. Proposed measures to avoid or, reduce such increases are: Not applicable. 2. How would the proposal be likely to affect plants, animals, fish or marine life? This ordinance creates a more stable environment. Proposed measures to protect or conserve plants, animals, fish or marine life are: No increase to flood levels, reduce erosion and debris due to flooding, reduce sewage entering surface waters during flooding. 3. How would the proposal be likely to deplete energy or natural resources? None. Proposed measures to protect or conserve energy and natural resources are: Not applicable. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for government protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? This ordinance provides measures to protect areas from flooding. Proposed measures to protect such resources or to avoid or reduce impacts are: Not applicable. Page 12 ENVIRONMENTAL CHECKL ST • 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incomplatible with existing plans? The permit process aims to protect shoreline and floodplains by ensuring development meets FEMA standards. The ordinance does not encourage development that conflicts with current zoning. Proposed measures to avoid or reduce shoreline and land use impacts are: The ordinance contains general and specific development requirements and requirements for riverbank stability analysis for river front development in areas without dikes. These requirements reduce flooding and flooding damage, while allowing development compatible with land use /zoning. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Not likely. Proposed measures to reduce or respond to such demand(s) are: Not applicable. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. Does not conflict. Page 13 • ENVIRONMENTAL CHEC IST F SUPPLEMENTAL SHEET FOR ALL PROJECT AND NON PROJECT PROPOSALS The objectives and the alternative means of reaching the objectives for a proposal will be helpful in reviewing the foregoing items of the Environmental Checklist. This information provides a general overall perspective of the proposed action in the context of the environmental information provided and the submitted plans, documents, supportive information, studies, etc. 1. What are the objectives of the proposal? To bring the City into compliance with current FEMA flood standards and requirements. 2. What are the alternative means of accomplishing these objectives? None. 3. Please compare the alternative means and indicate the preferred course of action: Not applicable. 4. Does the proposal conflict with policies of the Tukwila Comprehensive Land Use Policy Plan? No. 5. Proposed measures to avoid or reduce the conflict(s) are: Not applicable. Page 14