HomeMy WebLinkAboutCOW 2020-07-27 Item 3 - Public Hearing - Ordinance Regarding Flood Plain ManagementCOUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
07/27/20
7R
08/03/20
7R
ITEM INFORMATION
ITEMNO.
3 & 4.A.
STAFF SPONSOR: RYAN LARSON
ORIGINAL AGENDA DATE: 07/27/20
AGENDA ITEM TITLE Flood Plain Management Ordinance and Map Update
CATEGORY ® Discussion
Aftg Date 07/27/20
❑ Motion
g Date
Aft
❑ Resolution
Aftg Date
® Ordinance
Aftg Date 08/03/20
❑ Bid Award
Mtg Date
❑ PublicHearing
Aft
g Date 07127120
❑ Other
Mtg Date
SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police ®PLV ❑Court
SPONSOR'S On May 15, 2020, the Federal Emergency Management Agency notified all Washington
SUMMARY jurisdictions participating in the National Flood Insurance Program (NFIP) that our Flood
Ordinance would require updates to comply with new federal and state regulations and to
adopt revised Flood Insurance Rate Maps (FIRMs). Additional development and land
clearing activities within the Special Flood Hazard Areas (SFHA) will now be regulated.
Council is being asked to approve the updated Flood Plain Management Ordinance.
REVIEWED BY ® Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 07/20/2020 COMMITTEE CHAIR: C. DELOSTRINOS JOHNSON
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works Department
COMi�II'I"I'EE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
07/27/20
08/03/20
MTG. DATE
ATTACHMENTS
07/20/20
Informational Memorandum dated 07/17/20 (revised after 7/20 T&I)
Draft Flood Plain Ordinance
Minutes from Transportation and Infrastructure Committee meeting of 07/20/20
08/03/20
Final Ordinance
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City of Tukwila Allan Ekberg, Mayor
Public Works Department - Henry Hash, Director
INFORMATIONAL MEMORANDUM
TO:
Transportation and Infrastructure Committee
FROM:
Henry Hash, Public Works Director
BY:
Ryan Larson, Program Manager
CC:
Mayor Ekberg
DATE:
July 17, 2020 (revised after 7120120 TIC)
SUBJECT:
Flood Plain Management Ordinance and Map Update
ISSUE
The City's Flood Plain Management Ordinance was passed in 1980 and updated in 1988 and 2002. On May 15, 2020, the
Federal Emergency Management Agency notified all Washington jurisdictions participating in the National Flood Insurance
Program (NFIP) that our Flood Ordinance would require updates to comply with new federal and state regulations and to adopt
revised Flood Insurance Rate Maps (FIRMs).
BACKGROUND
Public Works used the State's model flood ordinance as a template to update the Flood Ordinance. This draft was sent to the
Department of Ecology (DOE) and Department of Commerce for review and approval. The ordinance is also undergoing
SEPA review.
DISCUSSION
Both the current ordinance and the draft ordinance include standards and provisions that encourage sound floodplain
management allowing property owners to obtain flood insurance at a more affordable rate.
The draft ordinance adopts revised FIRMs that better reflect the actual Special Flood Hazard Areas (SFHA) within the City.
The FIRM updates were done for all jurisdictions along the Green River. In addition, the draft ordinance also clarifies
language concerning development within SFHA. This includes the requirement to obtain a Flood Permit for activities such as
filling and grading within a SFHA even if a structure is not built.
Substantive updates include:
• Revised definitions that more closelv follow the definitions used by DOE
• Revised code language changes to match language used by DOE
• AAprovision to exclude storage or processing of hazardous materials
• AAprovision to include filling and grading as activities requiring a flood permit
• A provision limiting uses of areas constructed below the lowest floor to parking and storage
Council is beina asked to review the chances to the Ordinance at this time. An emeraencv ordinance is beina prepared to
allow the required changes to take place by the August 19, 2020 FEMA deadline, tentatively scheduled for the August 3, 2020
Council meeting. Staff has been notified that the SEPA approval and the required appeal period will not be completed until
after the FEMA deadline of August 19, 2020. Once the SEPA process has been completed, the final ordinance will be
presented to Council for approval, anticipated for September 2020.
FISCAL IMPACT
Additional development and land clearing activities within the SFHA will now be regulated. This will require additional staff time
to review and approve Flood Permits.
RECOMMENDATION
Council is being asked to approve the updated Flood Plain Management Ordinance and consider this item at the July 27,
2020 Committee of the Whole meeting and subsequent August 03 2020 Rena Liar August 24, 2020 Special Meeting.
Attachments: Draft Flood Plain Ordinance
https://tukwilawa.sharepoint.com/sites/mayOTSORice/ee/CC Docs/Old W/2020 Into Memos/Info Memo_Floodplain Management Ordinance Revised COW.doex
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DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2038,
AS CODIFIED AS CHAPTER 16.52, "FLOOD PLAIN
MANAGEMENT;" REENACTING TMC CHAPTER 16.52 TO
UPDATE FLOOD PLAIN MANAGEMENT REGULATIONS AND
POLICIES AS REQUIRED OF JURISDICTIONS PARTICIPATING IN
THE NATIONAL FLOOD INSURANCE PROGRAM; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, flood hazard areas in 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 of adopting regulations designed to promote the public
health, safety, and general welfare of its citizenry; and
WHEREAS, in Title 86 of the Revised Code of Washington, the Legislature of the
State of Washington 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
floodplain construction permit process; and
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WHEREAS, on July 27, 2020, the Tukwila City Council, following adequate public
notice, held a public hearing to receive testimony on the proposed ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Repealer. Ordinance No. 2038, as codified as Tukwila Municipal Code
(TMC) Chapter 16.52, "Flood Plain Management," is hereby repealed.
Section 2. TMC Chapter 16.52 Reenacted. TMC Chapter 16.52 is hereby re-
enacted to read as follows:
CHAPTER 16.52
FLOOD PLAIN MANAGEMENT
Sections:
16.52.010
Auth **Statutory Authorization
16.52.020
Purpose
16.52.030
Definitions
16.52.040
Applicability
16.52.050
Basis for Establishing the Areas of Special Flood Hazard
16.52.060
Interpretation
16.52.070
Warning and Disclaimer of Liability
16.52.080
Administration
16.52.090
Permits
16.52.100
Standards
16.52.110
Floodways
16.52.120
Critical Facility
16.52.125
Compliance
16.52.130
Penalties
16.52.140
Abrogation and Greater Restrictions
Section 3. TMC Section 16.52.010 is hereby reenacted to read as follows:
16.52.010 Authority y Statutory Authorization
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.
Section 4. TMC Section 16.52.020 is hereby reenacted to read as follows:
16.52.020 Purpose
This chapter 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 to:
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1. Protect human life and health;
2. Minimize expenditure of public money and costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. 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;
6. 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;
7. Ensure that potential buyers are notified that property is in an area of
special flood hazard; aP4
8. Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions; and.
9. Participate in and maintain eligibility for flood insurance and disaster relief.
Section 5. TMC Section 16.52.030 is hereby reenacted to read as follows:
16.52.030 Definitions
Unless specifically defined below, words or phrases used in this chapter shall be
interpreted to give them the meaning they have in common usage and to give this
chapter its most reasonable application.
._
C�,\\�lJ'\'I�t1t1�1�1!��:1!►�ll�ll:t7 t7'L �L li�ias�11�1i���li �\\��i\;
I _ •
1. Alteration of watercourse: Any action that will change the location of the
channel occupied by water within the banks of any portion of a riverine waterbody.
- -. Appeal mn,eaR A request for a review of the interpretation of any
provision of this chapter or a request for a variance.
3. Area of shallow flooding: A designated zone AO, AH, AR/AO or AR/AH
(or VO) on a community's Flood Insurance Rate Map (FIRM) with a one percent or
greater annual chance of flooding to an average depth of one to three feet where a
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clearly defined channel does not exist, where the path of flooding is unpredictable, and
where velocity flow may be evident. Such flooding is characterized by ponding or sheet
flow. Also referred to as the sheet flow area.
4. Area of special flood hazard: The land in the floodplain within a
community subject to a 1 percent or greater chance of flooding in any given year. It is
shown on the Flood Insurance Rate Map (FIRM) as zone A, AO, AH, Al-30, AE, A99,
AR (V, VO, V1-30, VE). "Special flood hazard area" is synonymous in meaning with the
phrase "area of special flood hazard".
5. ASCE 24: The most recently published version of ASCE 24, "Flood
Resistant Design and Construction", published by the American Society of Civil
Engineers.
56. Base flood: R;ea ;s The flood having a 1 % chance of being equaled or
exceeded in any given year; J44 —also referred to as the "100-year flood"). 4s
deSigRatiE)n Grp mark always ORGlu des the letter A
7. Base Flood Elevation (BFE): The elevation to which floodwater is
anticipated to rise during the base flood.
68. Basement: means Any area of the building having its floor sub -grade
(below ground level) on all sides.
9. Buildina: See "Structure."
10. Building Code: The current editions of the building codes and
amendments adopted by Washington State and amended by the City of Tukwila.
11. Breakaway wall: A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse under specific
lateral loading forces, without causing damage to the elevated portion of the building or
supporting foundation system.
712. Critical facility_ n4eapTA facility for which even a slight chance of
flooding might be too great. Critical facilities include, but are not limited to, schools;
nursing homes; hospitals; police, fire and emergency response installations; and
installations `"'hamthat produce, use, or store hazardous materials or hazardous waste.
613. Development: mean-s 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 a A -or storage
of equipment or materials located within the area of special flood hazard.
914. Director: means The Director of Public Works or h&-designee.
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15. Elevation Certificate: An administrative tool of the National Flood
Insurance Program (NFIP) that can be used to provide elevation information, to
determine the proper insurance premium rate and to support a request for a Letter of
Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F).
4416. Elevated building: fee ans For insurance purposes, a non -basement
building `"'b�that has its lowest elevated floor raised above ground level by foundation
walls, shear walls, posts, piers, pilings, or columns.
17. Essential facility: This term has the same meaning as "Essential Facility"
defined in ASCE 24. Table 1-1 in ASCE 24-14 further identifies building occupancies
that are essential facilities.
12. "Existing M a fired Herne Park er S bdiyisien" moons a manufactu
e at a e
utilities, the
+ streets,
i i nerino of GGRGrete '''c pads) is GOFnpieted before '1 Q81 �etieGtl� a date of Tulk niilo's
c.�vr�rv�v� � v� ��
original flee dnlain maRage eRt regulations
13. "Expansion to on ��tiRgMa a iron! Herne Dort or Subdivision" mea
affixed,whiGh the rnanufaGtured hernes are to be the e
streets, the
EElm 9gig LEAiYf::fC1:I.ldT:■!!T_R1:T:Gm/dMEW ffvr. fAM21
18. Flood or Flooding: means
La� A general and temporary condition of partial or complete inundation of
normally dry land areas from:
a:Ljj The overflow of inland or tidal waters.- and/sr
b-.0 The unusual and rapid accumulation or runoff of surface
waters from any source...; and/or
(3) Mudslides (i.e., mudflows), which are proximately caused by
flooding as defined in subparagraph (a)(2) of this definition and are akin to a river of
liquid and flowing mud on the surfaces of normally dry land areas, as when earth is
carried by a current of water and deposited along the path of the current.
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b) The collaase or subsidence of land alona the shore of a lake or other
body of water as a result of erosion or undermining caused by waves or currents of
water exceeding anticipated cyclical levels or suddenly caused by an unusually high
water level in a natural body of water, accompanied by a severe storm, or by an
unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some
similarlv unusual and unforeseeable event that results in floodina as defined in
subparagraph (a)(1) of this definition.
19. Flood elevation study: An examination, evaluation, and determination of
flood hazards and, if appropriate, corresponding water surface elevations, or an
examination. evaluation and determination of mudslide (i.e.. mudflow) and/or flood -
related erosion hazards. Also known as a Flood Insurance Study (FIS).
20. Flood Insurance Rate Map (FIRM):means The official map of a
community on which the Federal Insurance Administrator has delineated both the areas
o' special flood hazard areas and the risk premium zones applicable to the community.
A FIRM that has been made available digitally is called a Digital Flood Insurance Rate
Map (DFIRM).
21. Floodalain or flood -prone area: Any land area susceptible to being
inundated by water from any source. See "Flood or Flo oding.,,
22. Floodalain Administrator: The communitv official desianated by title to
administer and enforce the floodplain management regulations.
23. Floodalain manaaement reaulations: Zonina ordinances. subdivision
regulations, building codes, health regulations, special purpose ordinances (such as
floodplain ordinance, grading ordinance and erosion control ordinance) and other
application of police power. The term describes such state or local regulations, in any
combination thereof. that Drovide standards for the Duraose of flood damaae prevention
and reduction.
24. Flood oroofina: Anv combination of structural and nonstructural
additions, changes, or adjustments to structures that reduce or eliminate risk of flood
damage to real estate or improved real property, water and sanitary facilities, structures,
and their contents. Flood -proofed structures are those that have the structural integrity
and design to be impervious to floodwater below the Base Flood Elevation.
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2325. Floodway_meanTThe 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 feet a
designated height. Also referred to as "Regulatory Floodway."
26. Functionally dependent use: A use that cannot perform its intended
e unless it is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the loading and unloading of
cargo or passengers, and ship building and ship repair facilities, and does not include
Iona -term storaae or related manufacturina facilities.
27. Highest adjacent grade: The highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
28. Historic structure: Any structure that is:
a. Listed individually in the National Register of Historic Places (a listing
maintained by the Department of the Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on the
National Register;
b. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a district
Preliminarily determined by the Secretary to qualify as a registered historic district:
c. Individually listed on a state inventory of historic places in states with
historic preservation programs that have been approved by the Secretary of the
Interior; or
d. Individually listed on a local inventory of historic places in communities
with historic preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of
the Interior, or
(2) Directly by the Secretary of the Interior in states without approved
programs.
2-429. Lowest floor: means The lowest floor of the lowest enclosed area
(including basement). if- An unfinished or flood -resistant enclosure, iced —usable
solely for "ohmparking of vehicles, building access; or storage,, Of this eRGIOS 1r,-e-is in
an area other than a basement area, `�nui,d Of th;u en^'�eis not considered a building's
lowest floor, provided that such enclosure 'In an area other than a basement is not built
so thaws to render the structure meets in violation of the applicable non -elevation
design requirements of this chapter (i.e. provided there are adequate flood ventilation
o enin s '
lewest fleG�r.
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2530. Manufactured home A structure, transportable in one or more
sections, that is built on a permanent chassis and is 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 A parcel (or
contiguous parcels) of land divided into two or more manufactured home lots for rent or
sale.
32. Mean sea level: For purposes of the National Flood Insurance Program,
the vertical datum to which Base Flood Elevations shown on a community's Flood
Insurance Rate Map are referenced.
2733. New construction_: For the purposes of determining insurance rates,
structures for which the "start of construction" commenced on or after 4491, the
effective date of Fi kwila's erigiRal flee dnlain management regulations an initial Flood
Insurance Rate Map or after December 31, 1974, whichever is later, and includes any
subsequent improvements to such structures. For floodplain management purposes,
"new construction" means structures for which the "start of construction" commenced on
or after the effective date of a floodplain management regulation adopted by a
community and includes any subsequent improvements to such structures.
2934. "NFIP" means National Flood Insurance Program.
35. One -hundred -year flood or 100-year flood: See "Base flood."
36. Reasonably safe from flooding: Development that is designed and built
to be safe from flooding based on consideration of current flood elevation studies,
historical data, high water marks and other reliable data known to the community. In
unnumbered "A" zones where flood elevation information is not available and cannot be
obtained by practicable means, "reasonably safe from flooding" means the lowest floor
is at least two feet above the Highest Adjacent Grade.
3037. Recreational vehicle: A vehicle:
a. Built on a single chassis;
b. 400 square feet or less when measured at the largest horizontal
projection
c. Designed to be self-propelled or permanently towable by a light -duty
truck; and
d. Designed primarily for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal use.
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1 �
-32-38. "Special Flood Hazard Area S( FHA)"_meaRTThe land in the flood
plain subject to a 1 % or greater chance of flooding in any given year. It is also referred
to as 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 designa ted by the City.
-3439. Start of construction_: Fnea ;S Includes substantial improvement and
means the date the building permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement, or other improvement
wed was within 180 days from the date 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.
-540. Structure: means For floodplain management purposes, a walled and
roofed building, including a gas or liquid storage tank, that is principally above ground.,
as well as a manufactured home.
3641. Substantial Damage:,,,eaRs 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.
3742. Substantial improvement: mean-s Any repair, reconstruction,
rehabilitation, addition, or other improvement of a structure, the cost of which equals or
exceeds 50 percent of the assessed -market value of the structure before the "start of
construction" of the improvement. This term includes structures that have incurred
"substantial damaae." reaardless of the actual repair work performed. The term does
not. however. include either:
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/1 `a. re the impreyement erTepair is started, er ny project for
improvement of a structure to GOMPIY Weth—correct previously identified existing
violations of state or local health, sanitary, or safety code specifications that have been
identified by the local code enforcement official and that are the minimum �.�"�?
necessary to assure safe living conditions; or
{2-}b. Befere damage eec���f c+r„ iro is be+Rg restered Any
alteration of a "historic structure," StFUEture listed on the National Registry of H;StG
iG
R'aEeser a State iRventeFy E)f hiGter aeesrprovided that the alteration will not
preclude the structure's continued designation as a "historic structure."
43. Variance: A grant of relief by a community from the terms of a floodplain
management regulation.
44. Violation: The failure of a structure or other development to be ful
compliant with the community's floodplain management regulations. A structure or
other development without the elevation certificate, other certifications, or other
evidence of compliance required in this chapter is presumed to be in violation until such
time as that documentation is a arant of relief by a community from the terms of a
floodplain management regulation.
45. Water surface elevation: The height, in relation to the vertical datum
utilized in the applicable flood insurance study of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine areas.
46. Water Dependent: A structure for commerce or industry that cannot exist
in any other location and is dependent on the water by reason of the intrinsic nature of
its operations.
Section 6. TMC Section 16.52.040 is hereby reenacted to read as follows:
16.52.040 Applicability
This chapter applies to all special flood hazard areas within the City of Tukwila
jurisdiction.
Section 7. TMC Section 16.52.050 is hereby reenacted to read as follows:
16.52.050 Basis for Establishing the Areas of Special Flood Hazard Areas
A. The basis flood hazard areas identified by the Federal Insurance
Administrator+ea !s-in a scientific and engineering report entitled "The Flood Insurance
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Study FIS for King County, Washington and Incorporated Areas" dated no^omhor a
�n�August 19, 2020, and any revisions thereto, with aR accompanying Flood
Insurance Rate Maps (FIRMs) dated August 9, 2020 and any revisions thereto, are
hereby adopted by reference and declared to be a part of this chapter. The Flood
Insu,-ar j-EIS and the FIRMs are on file at 6300 Southcenter Boulevard, Suite
100.
The best available information for flood hazard area identification as outlined in
TMC Section 16.52.080. 2 shall be the basis for regulation until a new FIRM is
issued which incorporates this data.
Section 8. TMC Section 16.52.060 is hereby reenacted to read as follows:
16.52.060 Interpretation
In the interpretation and application of TMC Chapter 16.42, 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.
Section 9. TMC Section 16.52.070 is hereby reenacted to read as follows:
16.52.070 Warning and Disclaimer of Liability
The degree of flood protection required by TMC Chapter 16.52 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 chapter 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 chapter 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 chapter or any
administrative decision lawfully made hereunder.
Section 10. TMC Section 16.52.080 is hereby reenacted to read as follows:
16.52.080 Administration
A. The Public Works Director is hereby appointed to administer-and, implement,
and enforce this ordinance by granting or denying development permits appliGatiens in
accordance with its provisions. The Floodplain Administrator may delegate authority to
implement these provisions.
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B. The Director may:
1. Restrict or prohibit GeG WhiGh Fnight GFeate a ganger development that is
dangerous to health, safety, and property due to water or erosion hazards, or which
mightRGFease-result in damaging increases in erosion, or in flood heights or fte�
velocities;
2. Require that uses development vulnerable to floods, iRdudinn fa^ili+ieG
coniinn ci l^h uses, be ^nnc+rUGted to protect be protected against flood damage at the
time of initial construction;
3. Control the alteration of sz;rfaGe water features SUGh—as natural
floodplains, stream channels, and natural protective barriersL +ha+ retain which help
accommodate 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.
BC. 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 chapter have be en 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. The site is reasonably safe from flooding.
Ed. Review all development permits to determine if the proposed
development is located in the floodway, and ensure that the encroachment provisions of
TMC Section 16.52.110, "Floodwaysi' are met.
Area.
e. Notify FEMA when annexations occur in the Special Flood Hazard
2. Special Flood Hazard Area.
a. 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
TMC Chapter 16.52.
b. Where flood elevation data is not available either through the Flood
'Nance may FIS, FIRM, or from another authoritative source (TMC Section
16.52.080), theDireEtershall review applications for building n&m* floodplain
development shall be reviewed 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.
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Failure to elevate at least two feet above the highest adjacent grade in these zones may
result in higher insurance rates.
c. Where needed, the Director shall 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).
3. Changes to Special Flood Hazard Area.
a. If a project will alter the Base Flood Elevation (BFE) or boundaries of
the Special Flood Hazard Area (SFHA), then the project proponent shall provide the
community with engineering documentation and analysis regarding the proposed
change. If the change to the BFE or boundaries of the SFHA would normally require a
Letter of Map Change, then the project proponent shall initiate, and receive approval of,
a Conditional Letter of Map Revision (CLOMR) prior to approval of the development
permit. The project shall be constructed in a manner consistent with the approved
CLOMR.
b. If a CLOMR application is made, the project proponent shall also
supply the full CLOMR documentation package to the Floodplain Administrator to be
attached to the floodplain development permit, including all required property owner
notifications.
34. 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 through appropriate notification
means. (44 CFR 60.3(b)(6))
b. Require that maintenance be provided within the altered or relocated
portion of said watercourse so that the flood carrying capacity is not diminished.
— In formationManagementto be Obtained and Maintained.
a. Where base flood elevation data is provided through the Flood
Inca iranG8 Study, FIS, FIRM, or required as in TMC Section 16.52.080.9C.2, obtain and
maintain a record of the actual as -built elevation (in relation to mean sea level) of the
lowest floor (including basement) of all new or substantially improved structures, and
acrwhether or not the structure contains a basement.
b. For all new or substantially improved flood -proofed nonresidential
structures where base flood elevation data is provided through the Fleed Inca iranno
Stud}—,FIS, FIRM, or as required in TMC Sectior 16.52.080J�C.2:
(1) Obtain and maintain a record of the elevation (in relation to mean
sea level) to which the structure was flood-proofedand.
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16.52.090, D.3.
issuance.
(2) Maintain the flood -proofing certifications required in TMC Section
c. Certification required by TMC Section 16.52.110.A.1.
d. Records of all variance actions. includina iustification for their
e. Improvement and damage calculations.
ef. Maintain for public inspection all records pertaining to the provisions of
this ordinance.
Section 11. TMC Section 16.52.090 is hereby reenacted to read as follows:
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 TMC Section
16.52.050. The permit shall be for all structures including manufactured homes, as set
forth in the "Definitions," and for all development including clearing, filling, grading, and
other activities. also as set forth in the "Definitions."
B. Application for an FZCP shall be submitted with the project application for a
clearing and grading permit, 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 Section 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(including
basement) of all structures recorded on a current elevation certificate with Section B
completed by the Floodplain Administrator;
2. Elevation in relation to mean sea level to which any structure has been
flood -proofed;
3. Where a structure is to be flood -proofed, certification by a registered
professional engineer or architect that the flood -proofing methods for any nonresidential
structure meet fie -flood -proofing criteria in TMC Section 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..-i
5. Where development is proposed in a floodway, an engineering analysis
determination of no rise of the Base Flood Elevation, and
6. Any other such information that may be reasonably required by the
Floodplain Administrator in order to review the application.
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Section 12. TMC Section 16.52.100 is hereby reenacted to read as follows:
16.52.100 Standards
A. General Standards. In all areas of special flood hazards, the following
standards are required:
1. Elevation. 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, including those
related to manufactured homes, shall be anchored to prevent flotation, collapse, or
lateral movement of the structure resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy.
b. All manufactured homes must inkewmAp shall 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 (Teferet�Ge��
nnnMaRufaEt+Umoed Home IRstal�iiOR OR Flood Hazard Areas CbTFerodrdi al
teGhRiq eo&)
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. Storage of Materials and Equipment.
a. The storage or processing of materials that could be injurious to
human, animal, or plant life if released due to damage from flooding are prohibited in
special flood hazard areas.
b. Storage of other material or equipment may be allowed if not subject to
damage by floods and if firmly anchored to prevent flotation, or if readily removable from
the area within the time available after flood warnina.
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45. 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
(`^G1?3 1�) and be located on high ground that is not in the floodway;
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.
-56. Subdivisions Proposals and Development. All subdivisions, as well as new
development shall:
a. Alll subdo„isi^„ salshall consistent with the need to
minimize flood damage;
b. Alll sub di„isi^n prepesail_s shall RHave public utilities and facilities -
such as sewer, gas, electrical and water systems - located and constructed to minimize
or eliminate flood damage;
c All su bdiVis iOR pFep^sals shall "Have adequate drainage provided, to
reduce exposure to flood damage; and,
d. \VVheFe base fleed eleyatioR data has n�vc 'cR provided OF 06 Rr^vc
available from aReth +tatiVe SG FGe it shall h^ geRerated f^r Where subdivision
-v-c svcrrc�nun--v�gcr rcrcrcca--ivr-
proposals and other proposed developments that -contain at lea&t-greater than 50 lots or
5 acres (whichever is less -the lesser), base flood elevation data shall be included as
part of the application.
B. Specific Standards. In all areas of special flood hazards where Base Flood
Elevation data has been provided as set forth in TMC Section 16.52.050 or TMC
Section 16.52.080.C.2, 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. Mechanical equipment and utilities shall be
waterproofed or elevated one or more feet 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. Designs for meeting this
requirement must either be certified by a registered professional engineer or architect,
and 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.
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(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 elevated as
required bV ASCE 24, whichever is greater, or together with attendant utility and
sanitary facilities, shall:
(1) Be dry 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 or dry flood -proofed to the elevation required by ASCE 24, whichever
is greater;
(2) Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
(3) 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 onthat eRgiReeF's er arnhiteGt's
their development and/or review of the structural design, specifications and plans. Such
certifications shall be provided to the official as set forth in TMC Section 16.52.080.C.5.
b. Nonresidential structures that are elevated, not flood -proofed, must
meet the same standards for space below the lowest floor as described in TMC Section
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). Flood -proofing the building an additional foot will
reduce insurance premiums significantly.
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.
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b. Manufactured homes to be placed or substantially improved on sites in
an existing manufactured home park or subdivision that are not subject to the above
manufactured home provisions shall 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 less 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, be attached to the site only by quick disconnect type utilities and security
devices, and have no permanently attached additions; or
c. Meet the requirements for manufactured homes, including the
elevation and anchoring requirements for manufactured homes.
5. Enclosed Areas Below the Lowest Floor. If buildings or manufactured
homes are constructed or substantially improved with fully -enclosed areas below the
lowest floor, the areas shall be used solely for parking of vehicles, building access, or
storage.
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. Construction/Reconstruction of Dikes/Levees: As part of the flood -proofing
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 riverbank stability analysis shall be provided to the
Public Works Department for review as part of the plan submittal.
3. 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.
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Section 13. TMC Section 16.52.110 is hereby reenacted to read as follows:
16.52.110 Floodways
A. €leedwas are ILocated within areas of special flood hazard areas established
in TMC Section 16.52.050 are areas designated as floodways. Fleedwat - ,^„+hi.n
Since the floodways are an extremely hazardous area due to the high floe, .,ol^^;+cos
velocity These^s^ ..a+^rs of floodwaters that can carry debris and potential preje^+il and
have a high potential for eresigri increase erosion potential, the following provisions
apply:
2-1. No Rise Standard. Prohibit encroachments, including fill, new construction,
substantial improvements, and other development, unless certification by a registered
professional engineer eeFt+f+es, is provided demonstrating, 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.
2. Residential Construction in Floodways. Construction or reconstruction of
residential structures is prohibited within designated floodways, except for: (i) repairs,
reconstruction, or improvements to a structure that do not increase the ground floor
area; and (ii) repairs, reconstruction, or improvements to a structure, the cost of which
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 damaaed. and is beina
restored, before the damage occurred. Any project for improvement of a structure to
correct existing violations of state or local health, sanitary, or safety code specifications
that have been identified by the local code enforcement official and `e'h�that are the
minimum necessary to assure safe living conditions, or to structures identified as
historic places, shall Rot be ;,,hided may be excluded in the 50 percent.
3. Substantially Damaged Residences in Floodway.
a. For all substantially damaged residential structures located in a
designated floodwav, the Floodplain Administrator may make a written request that the
Department of Ecology assess the risk of harm to life and property posed by the specific
conditions of the floodway. Based on analysis of depth, velocity, flood -related erosion,
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channel migration, debris load potential, and flood warning capability, the Department of
Ecology may exercise best professional judgment in recommending to the local
Permitting authority repair, replacement, or relocation of a substantially damaged
structure consistent with WAC 173-158-076. The property owner shall be responsible
for submitting to the local government and the Department of Ecology any information
necessary to complete the assessment. Without a favorable recommendation from the
Department for the repair or replacement of a substantially damaged residential
structure located in the regulatory floodway, no repair or replacement is allowed per
WAC 173-158-070(1).
b. Before the repair, replacement, or reconstruction is started, all
requirements of the NFIR the state requirements adopted pursuant to 86.16 RCW, and
all applicable local regulations must be satisfied. In addition, the following conditions
must be met:
(1) There is no potential safe building location for the replacement
residential structure on the same property outside the regulatory floodway.
(2) A replacement residential structure is a residential structure built
as a substitute for a legally existing residential structure of equivalent use and size.
(3) Repairs, reconstruction, or replacement of a residential structure
shall not increase the total square footage of floodway encroachment.
(4) The elevation of the lowest floor of the substantially damaged or
replacement residential structure is a minimum of one foot higher than the Base Flood
Elevation .
(5) New and replacement water supply systems are designed to
eliminate or minimize infiltration of floodwater into the system.
(6) New and replacement sanitary sewerage systems are designed
and located to eliminate or minimize infiltration of floodwater into the system and
discharge from the system into the floodwaters.
(7) All other utilities and connections to public utilities are designed,
constructed, and located to eliminate or minimize flood damage.
GB. All Other Building Standards Apply in the Floodway. If proposed
satisfiesTIV4C16.52.100, B.1-4, TMC Section 16.52.110.A.1 is satisfied or construction
is allowed pursuant to TMC Section 16.52.110.A.2, all new construction and substantial
improvements shall comply with all applicable standards h:4 flood hazard reduction
provisions of TMC Section 16.52.100.
Section 14. TMC Section 16.52.120 is hereby reenacted to read as follows:
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
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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.
Section 15. TMC Section 16.52.125 is hereby established to read as follows:
16.52.125 Compliance
All development within special flood hazard areas is subject to the terms of this
ordinance and other aoolicable reaulations.
Section 16. TMC Section 16.52.130 is hereby reenacted to read as follows:
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 chapter and other applicable
regulations. Violations of the provisions of this chapter 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 chapter or fails to comply with any of its requirements shall upon conviction thereof
be fined not more than $1,000, 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.
Section 17. TMC Section 16.52.140 is hereby reenacted to read as follows:
16.52.140 Abrogation and Greater Restrictions
This chapter is not intended to repeal, abrogate, or impair any existing easements,
covenants or deed restrictions. However, where this chapter and another ordinance,
easement, covenant or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
Section 18. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsection numbering.
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Section 19. Severability. This ordinance and the various parts thereof are hereby
declared to be severable. Should any Section of this ordinance be declared by the
courts to be unconstitutional or invalid, such decision shall not affect the validity of the
ordinance as a whole, or any portion thereof other than the Section so declared to be
unconstitutional or invalid.
Section 20. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 12020.
ATTEST/AUTH ENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Kari L. Sand, City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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Page 22 of 22
City of 1
City Council Transportation & Infrastructure Committee
Meeting Minutes
July20, 2020 - 5:30 p.m. - Electronic Meeting due to COVID-19 Emergency
Councilmembers Present: Cynthia Delostrinos Johnson, Chair; Verna Seal, Kate Kruller
Staff Present: David Cline, Henry Hash, Hari Ponnekanti, Han Kirkland, Gail Labanara,
Mike Perfetti, GregVillanueva, Ryan Larson, Cyndy Knighton, Adib Altallal,
Laurel Humphrey
Chair Delostrinos Johnson called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. Ordinance: Flood Plain Management & Map Update
Staff is seeking Council consideration of an ordinance that will update the Flood Plain
Management Ordinance in accordance with new federal and state regulations and adopt
revised Flood Insurance Rate Maps.
Item(s) needing follow-up
Add further description of significant changes to informational memo.
Committee Recommendation
Unanimous approval. Forward to July 27, 2020 Committee of the Whole for Public Hearing
B. Bid Award: 2020 Overlay and Repair Program Project
Staff is seeking Council approval of a construction contract to Miles Resources, LLC for the
2020 Overlay & Repair Program in the amount of $299,449.05. This will include pavement
repairs and asphalt overlay on S. 158t" St. from 39t" PI S to 42nd Ave S and 54t" Ave S from S
1661" St to Slade Way, previously authorized by Council.
Committee Recommendation
Unanimous approval. Forward to July 20, 2020 Regular Meeting.
C. Bid Award: 2020 Strander Boulevard and Andover Park East Sewer Repair
Staff is seeking Council approval of a construction contract to R. L. Alia Company in the
amount of $258,830.00 for repair of a failing pipe at the intersection of Andover Park East
and Costco Drive and along Strander Boulevard.
Committee Recommendation
Unanimous approval. Forward to July 20, 2020 Regular Meeting.
27