Meeting Date: June 26, 2017 Agenda Item No:

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1 Office/Department: Staff Contact & Phone Number: Agenda Item Title: Meeting Date: June 26, 2017 Agenda Item No: Kitsap County Board of Commissioners Kitsap County Department of Community Development Kathlene Barnhart, Planner: (360) x4601 Code Update: Title 15 (Flood Hazard Areas) Recommended Action: Conduct a public hearing on the staff recommended proposed ordinance. Summary: On June 19, the Board of County Commissioners will hold a work study to review staff recommended code revisions to Title 15. An open house will be held immediately prior to a June 26 hearing with the Board of County Commissioners. The public hearing will receive comments with regards to the Kitsap County Draft Code update. Attachments: 1. Staff Report 2. Planning Commission Findings of Fact 3. Draft Ordinance Fiscal Impact for this Specific Action Expenditure required for this specific action: N/A Related Revenue for this specific action: N/A Cost Savings for this specific action: N/A Net Fiscal Impact: N/A Source of Funds: N/A Fiscal Impact for Total Project Project Costs: General Fund allocation to the Department of Community Development permitting division. Project Costs Savings: $ N/A Project Related Revenue: New tax revenue upon completion of future development. Project Net Total: $ N/A Fiscal Impact (DAS) Review Departmental/Office Review & Coordination Department/Office Elected Official/Department Director Department of Louisa Garbo Community Development Contract Information Contract Number Date Original Contract or Amendment Approved Amount of Original Contract Amendment Total Amount of Amended Contract

2 Title 15 KCC Code Revisions- Flood Hazard Areas Update to Kitsap County Flood Hazard Area Standards Title 15 Kitsap County Code Staff Report to Board of County Commissioners June 8, 2017 Prepared By: Kitsap County Department of Community Development Planning and Environmental Programs Division 1

3 Introduction The purpose of this report is to provide information to the Board of County Commissioners regarding the proposed update to Kitsap County Code Title 15, Flood Hazard Areas. The proposed code update includes minor code revisions to update definitions to ensure compliance with Federal Emergency Management Agency (FEMA) standards necessary to participate in the National Flood Insurance Program (NFIP). Applicability Title 15 standards apply to flood hazard areas within unincorporated Kitsap County. These areas typically occur in low-lying lands adjacent to shorelines and large streams. Flood hazard areas are mapped by FEMA and maintained in the County s Geographic Information System and map library. The flood hazard maps may be viewed at: Background Kitsap County s flood hazard standards were originally adopted in 1980, and subsequently revised in 2003 and Flood standards are contained in Title 15 KCC, and are incorporated by reference into Titles 19 (Critical Areas) and 22 (Shoreline Master Program). The stated purpose of Title 15 is: to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas Flood hazard areas are identified by the base flood elevation, meaning an elevation with a one percent chance of being equaled or exceeded by flood waters in any given year. Flood events are also referred to as the 100-year flood. In order to mitigate the effects of flooding, Kitsap County participates in FEMA s NFIP. County flood standards and practices are periodically reviewed for compliance with current minimum FEMA standards in order to remain compliant with the program. FEMA contracts with the Washington Department of Ecology (Ecology) to maintain flood program compliance at the local level via the Community Assistance Visit (CAV) process. Ecology s most recent CAV occurred in December 2012, resulting in a subsequent summary report issued in May In December 2015, the Board of County Commissioners signed Ordinance No amending Kitsap County Code regarding Flood Hazard Areas to bring Title 15 into compliance with the May 2013 report. This was a Phase I amendment to address the CAV report, including revisions to ensure definitions and procedures were consistent with current FEMA standards, and habitat language to address existing requirements for protection of federally listed species. In January 2016, FEMA finalized the revisions to the Flood Insurance Rate Maps (FIRM) for Kitsap County. These amendments to the maps now require code revisions for consistency (Phase II). 2

4 Proposed Code Revisions The proposed revisions to Title 15 KCC are contained in the Planning Commission Findings of Fact, Appendix A. Five revisions to existing code language are proposed to ensure compliance with current FEMA standards. This section describes how each recommended revision relates to a specific agency recommendation or requirement. Item 1: The proposed changes respond to Ecology and FEMA requested revisions for appropriately referencing the revised flood maps for Kitsap County, per the model language. Items 2 and 3: The proposed amendments to definitions match the NFIP model code definitions. Item 4: The proposed amendment simply references Title 19 KCC (Critical Areas Ordinance) rather than a specific sub-section. As Title 19 code is also in the update process, this direct reference is likely to change, and this amendment will avoid inaccurate reference in the future. State Environmental Policy (SEPA) Evaluation A SEPA determination of non-significance was issued in August of 2015 for both Phase I and II amendments. Consistency with Adopted County Plans and Regulations These amendments are consistent with the Kitsap County Comprehensive Plan, specifically with Chapter 1- Land Use, Chapter 3- Environment, and subarea plans for Silverdale, Suquamish, Illahee, and Gorst. Kitsap County Critical Areas Ordinance (Title 19 KCC) adopts Title 15 (Flood Hazard Areas) by reference for Chapter (Frequently Flooded Areas). While individual revisions listed in the table below are relatively minor, taken as a whole they result in greater compliance with FEMA standards intended to further reduce the risk of damage to life, property and the natural environment. Please refer to the revisions table below for specific details. Conclusions The purpose of Title 15 KCC is to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas. Kitsap County participates in FEMA s NFIP, and therefore must implement minimum FEMA standards through its local development regulations. The proposed Title 15 code revisions are necessary in order to comply with FEMA standards and ensure further consistency with County goals for protection of life, property and natural environment. 3

5 The proposed revisions are in accordance with FEMA directives (via Washington Department of Ecology). The Kitsap County Planning Commission has recommended approval of the proposed Title 15 (see attached Findings of Fact, signed June 6, 2017). Recommendation: Staff recommends that the Board conduct a public hearing and deliberations in order to consider proposed revisions to Title 15 KCC, Flood Hazard Areas. 4

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8 APPENDIX A: Proposed Code Revisions to Title 15 KCC (Flood Code) The table below contains the proposed revisions to Title 15 KCC. Title 15 KCC Minor Changes Table Ref # Issue / Code Change / comments Revise map reference: The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled The Flood Insurance Study for Kitsap County and Incorporated Areas, dated November 4, 2010, and any revisions thereto as amended, with accompanying Flood Insurance Maps, and any revisions thereto, is adopted by reference and declared to be part of this title Revise definition. Basement means any area of the building having its floor sub-grade (below ground level) on all sides. the enclosed floor level of a building located below the first story, provided the floor level of the first story is not more than four feet below grade for more than 50 percent of the total perimeter, or not more than eight feet below grade at any point. The flood level of an enclosed space that is more than four feet below grade for more than 50 percent of the total perimeter, or is more than eight feet below grade at any point shall also be considered a basement Revise definition. Breakaway walls means 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. Any type of walls, whether solid of lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which are so designed as to break away, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwater Revise definition. Coastal high hazard area means an area of special flood hazard extending from offshore to the inland limit of a preliminary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as Zone 7

9 V1-30, VE, or V. the area subject to high velocity waters, including, but not limited to, storm surge or tsunamis. The area is designated on a FIRM as zone V Revise definition partially. Critical areas means those areas identified in Title 19 Section of this code as. 8

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12 Proposed Code Revisions to Title 15 KCC (Flood Code) The table below contains the proposed revisions to Title 15 KCC. DRAFT 5/9/17 Title 15 KCC Minor Changes Table Ref # Issue / Code Change / comments Revise map reference: The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled The Flood Insurance Study for Kitsap County and Incorporated Areas, dated November 4, 2010, and any revisions thereto as amended, with accompanying Flood Insurance Maps, and any revisions thereto, is adopted by reference and declared to be part of this title Revise definition. Basement means any area of the building having its floor sub-grade (below ground level) on all sides. the enclosed floor level of a building located below the first story, provided the floor level of the first story is not more than four feet below grade for more than 50 percent of the total perimeter, or not more than eight feet below grade at any point. The flood level of an enclosed space that is more than four feet below grade for more than 50 percent of the total perimeter, or is more than eight feet below grade at any point shall also be considered a basement Revise definition. Breakaway walls means 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. Any type of walls, whether solid of lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which are so designed as to break away, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwater Revise definition. Coastal high hazard area means an area of special flood hazard extending from offshore to the inland limit of a preliminary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as Zone V1-30, VE, or V. the area subject to high velocity waters, Page 1 of 2

13 Proposed Code Revisions to Title 15 KCC (Flood Code) The table below contains the proposed revisions to Title 15 KCC. DRAFT 5/9/17 including, but not limited to, storm surge or tsunamis. The area is designated on a FIRM as zone V Revise definition partially. Critical areas means those areas identified in Title 19 Section of this code as. Page 2 of 2

14 ORDINANCE NO AN ORDINANCE AMENDING KITSAP COUNTY CODE CONCERNING FLOOD HAZARD AREAS WHEREAS, Kitsap County s flood hazard development regulation are contained within Kitsap County Code (KCC) Title 15, Flood Hazard Areas ; and WHEREAS, Kitsap County participates in the Federal Emergency Management Agency s (FEMA) National Flood Insurance Program (NFIP) to insure losses and damage from flood events; and WHEREAS, Local jurisdictions flood hazard regulations must be consistent with FEMA standards in order to participate in the NFIP program. FEMA ensures such consistency through Community Assistance Visits (CAVs) conducted by the Washington State Department of Ecology; and WHEREAS, Ecology determined through the 2013 CAV that eight minor code revisions were necessary to ensure Kitsap County continued to meet the minimum FEMA standards under the NFIP program. Kitsap County made such amendments through Ordinance No ; and WHEREAS, FEMA updated the Kitsap County Flood Insurance Rating Maps (FIRM) in January The proposed code revisions are necessary to address the FIRM amendments, as well as updated definitions to ensure Kitsap County remains consistent with and meets the minimum FEMA standards under the NFIP program; and WHEREAS, The proposed code revisions are consistent with the statewide planning goals contained within the Growth Management Act, the Kitsap County County-Wide Planning Policies, and with the goals and policies of the Kitsap County Comprehensive Plan; and WHEREAS, The proposed code revisions reflect current local circumstances, including Kitsap County s on-going participation in FEMA s Flood Insurance Program; and WHEREAS, The proposed code revisions promote the public interest and welfare of the citizens of Kitsap County. BE IT ORDAINED: Section 1. Kitsap County Code Section , last amended by Ordinance , is hereby modified as follows: Special flood hazard area-identification The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled The Flood Insurance Study for Kitsap County and Incorporated Areas, dated November 4, 2010, and any revisions thereto as amended, with accompanying Flood Insurance Maps, and any revisions thereto, is adopted by reference and declared to be part of this title. The Flood Insurance Study is on file at the Department of Community Development, 614 Division, Port Orchard, Washington The best available information for flood hazard area identification as outlined in Section of this code shall be the basis for regulation until a new Flood Insurance Rate Map (FIRM) is issued which incorporates the data utilized under said Section

15 Section 2. Kitsap County Code Section , last amended by Ordinance , is hereby modified as follows: Basement Basement means any area of the building having its floor sub-grade (below ground level) on all sides. the enclosed floor level of a building located below the first story, provided the floor level of the first story is not more than four feet below grade for more than 50 percent of the total perimeter, or not more than eight feet below grade at any point. The flood level of an enclosed space that is more than four feet below grade for more than 50 percent of the total perimeter, or is more than eight feet below grade at any point shall also be considered a basement. Section 3. Kitsap County Code Section , last amended by Ordinance , is hereby modified as follows: Breakaway walls. Breakaway walls means 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. any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, weed, metal, plastic, or any other suitable building material which are so designed as to break away, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwater. Section 4. Kitsap County Code Section , last amended by Ordinance , is hereby modified as follows: Coastal high hazard area. Coastal high hazard area means an area of special flood hazard extending from offshore to the inland limit of a preliminary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as Zone V1-30, VE, or V. the area subject to high velocity waters, including, but not limited to, storm surge or tsunamis. The area is designated on a FIRM as zone V1-30. Section 5. Kitsap County Code Section , last amended by Ordinance , is hereby modified as follows: Critical areas. Critical areas means those areas identified in Title 19 Section of this code as: (a) wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) geologically hazardous areas; and (e) frequently flooded areas.

16 Section 6. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid or unconstitutional, the remainder of the ordinance or its application to other persons or circumstances shall not be affected. Section 7. Typographical / Clerical Errors. Should this Ordinance, upon being enacted by the Kitsap County Board of Commissioners during its deliberations on, have anything inadvertently left out or in error upon publication, the explicit action of the Board as discussed and passed shall prevail upon subsequent review and verification by the Board. Section 8. Recitals. The recitals herein shall by findings of fact and are incorporated herein by reference. Section 9. Effective Date. This Ordinance shall take effect immediately. Dated this day of June, 2017 BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON ATTEST: CHARLOTTE GARRIDO, Chair EDWARD WOLF, Commissioner Dana Daniels, Clerk of the Board ROBERT GELDER, Commissioner Approved as to form by the Kitsap County Prosecutor s Office