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Clerk 09/16/2013
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AN ORDINANCE relating to river and floodplain management, adopting the 2013 Flood Hazard Management Plan Update; and amending Ordinance 11112, Section 1 , as amended, and K.C.C. 20.12.480.
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STATEMENT OF FACTS:
1. Six major river systems flow through King County - the South Fork Skykomish, Snoqualmie, Sammamish, Cedar, Green and White rivers - and their significant tributaries, the Tolt, Raging, Miller and Greenwater rivers. Other tributaries and smaller streams include Tokul Creek, Kimball Creek, Coal Creek (in Snoqualmie), Issaquah Creek, Fifteen Mile Creek and Holder Creek.
2. River and stream flooding impact private property, businesses, public and private infrastructure such as parks and utilities, transportation corridors, and can directly and indirectly result in loss of life.
3. The 2013 Flood Hazard Management Plan Update ("the 2013 flood plan update") consists of the adopted 2006 King County Flood Hazard Management Plan, as amended by technical updates and progress reports that reflect new information on flood-related hazards, vulnerabilities and accomplishments related to flood risk reduction that have occurred since the adoption of the 2006 King County Flood Hazard Management Plan in January 2007 ("the 2006 plan"). The 2013 flood plan update does not change the policies that are contained in the 2006 plan, but does provide technical updates and progress reports to the 2006 plan, by adding additional material to Chapters 1 through 6 of the 2006 plan, and replacing Chapter 7 and Appendices A through F of the 2006 plan with a new Chapter 7 and Appendices A through L.
4. The 2006 plan provided an update to the 1993 Flood Hazard Reduction Plan in an effort to respond to aging flood protection infrastructure and unmet maintenance needs, new or updated federal regulatory requirements, environmental impacts of past flood hazard management practices and changes in watersheds since 1993.
5. In January 2007, King County adopted the 2006 plan, which contained operating principles to guide King County's river management program in meeting the intent of the water and natural resource policies of the 1994, 2000 and 2004 King County Comprehensive Plans.
6. Policy E-499r of the King County Comprehensive Plan 2012 directs that King County's floodplain land use and floodplain management activities shall be carried out in accordance with both the 2006 plan and the 2013 flood plan update.
7. The 2013 flood plan update, consisting of the 2006 plan as amended by the technical updates and progress reports, and a new Chapter 7 and Appendices A through L, continues to meet the requirements of the National Flood Insurance Program's Community Rating System Class 2 rating, which provides up to a forty percent discount on federally backed flood insurance premiums for unincorporated King County property owners. Savings are approximately five hundred eighty-six dollars per year for the average flood insurance policy.
8. The 2013 flood plan update complies with the federal Disaster Mitigation Act and will assure that King County remains eligible and competitive for state and federal programs providing technical and financial assistance to local communities for flood hazard management.
9. As in previous plans, the 2013 flood plan update considers the impact of flood hazard management policies and actions on habitat for Puget Sound Chinook salmon and bull trout, which are listed as threatened under the federal Endangered Species Act.
10. The 2013 flood plan update continues to propose a comprehensive suite of actions to reduce flooding risks to people, property, critical public infrastructure, and the region's economy. This includes floodplain management programs such as the Flood Warning Center and maintenance of flood protection infrastructure, as well as construction projects to address a backlog of levee rehabilitation needs around King County.
11. The 2013 flood plan update describes identified flood risks and priority areas where flood risk reduction is necessary to protect life and safety, valuable public and private property, the regional economy and general welfare of King County and its residents.
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Ordinance 11112, Section 1, as amended, and K.C.C. 20.12.480 are each hereby amended to read as follows:
The 2006 King County Flood Hazard Management Plan, as shown in Attachment A to Ordinance 15673, is hereby amended by the 2013 Flood Hazard Management Plan Update, as shown in Attachment B to this ordinance and as amended is adopted as a functional plan to guide King County's river and floodplain management program and to meet the intent of the natural environment, and facilities and services policies of the King County Comprehensive Plan. The 2013 Flood Hazard Management Plan Update, Attachment A to this ordinance, amends the 2006 King County Flood Hazard Management Plan, Attachment A to Ordinance 15673, by adding new text to Chapters 1 through 6 of the 2006 Plan, by replacing Chapter 7 of the 2006 Plan with a new Chapter 7, and by replacing Appendices A through G of the 2006 Plan with new Appendices A through L. As an amplification and augmentation of the King County Comprehensive Plan, the flood hazard management plan as amended by the update constitutes official county policy with regard to river and floodplain management in King County. For each site-specific project, such as levee improvements or concentrated areas of home buyouts or elevations, a project summary is included to provide a better understanding of the flood or erosion conditions of concern and the action or actions proposed to address them. Project summaries, and references to easements, buffers or levee improvements, including levee laybacks, in connection with such project summaries are intended to function at the level of planning documents and do not assume that the nature and scope of each of the described projects are the final project or action that are described in ((this)) chapter 5 of Attachment A to Ordinance 15673, as amended by Chapter 5 of Attachment B to this ordinance, or in Appendices E, F and G of Attachment ((A)) B to this ((O))ordinance ((15673)). The proposed projects and actions are not intended to substitute for the site-specific analysis to determine what is required for each of the site specific capital projects that will be recommended and adopted as part of an annual capital improvement plan. The priority, scope, nature and cost of the proposed projects or actions may change as the hydraulic, engineering and geotechnical conditions at each site are analyzed in greater detail, and as engineering alternatives are developed, analyzed, reviewed and negotiated with federal, state, local and tribal agencies and affected property owner or owners. However, while the plan sets forth what the county currently believes are best practices, nothing in this plan creates or precludes the creation of new land use requirements, laws or regulations. For the reach of the Tukwila 205 levee and any extensions thereof between South 180th Street and South 204th Street, the setback, easement, and slope design recommendations of the 2006 King County Flood Hazard Management Plan, Attachment A to Ordinance 15763, as amended by the 2013 Flood Hazard Management Plan Update, Attachment B to this ordinance, are satisfied if the repair, extension or modification of an existing levee or the design of a new levee meet the design guidelines and factors of safety in United States Army Corps of Engineers Engineering Manual for the Design and Construction of Levees (EM 1110-2-1913) dated April 30, 2000, as most currently updated.
SECTION 2. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected.
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