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AGENDA COVER MEMORANDUM Memorandum Date: October 23, 2020 First Reading: August 18, 2020 Second Reading/Public Hearing: September 1, 2020 Third Reading/Continued Public Hearing: October 6, 2020 Fourth Reading/Continued Public Hearing: November 10, 2020 Fifth Reading: December 1, 2020 TO: Lane County Board of Commissioners DEPARTMENT: Public Works, Land Management Division, Planning Department PRESENTED BY: Rachel Serslev, Associate Planner AGENDA TITLE: 1) ORDINANCE NO. 20-08 / In the Matter of Amending Lane Code (LC) 16.244 (Floodplain Combining Zone, Rural Comprehensive Plan), LC 10.271 (Floodplain Combining District, for Lands within Urban Growth Boundaries) to Modernize Terminology and Formatting, Clarify Review Processes, and Align the Code More Closely with State Law and the Code of Federal Regulations (CFR) Title 44; And Adopting a Savings and Severability Clause. (File No. 509-PA20-05047) AND 2) Order No. 20-08-18-13 / In the Matter of Amending Chapter 11 of Lane Manual to Remove Section 11.020 Flood Hazard Studies. I. MOTION: 1. November 11, 2020 (4th Reading/Public Hearing): 1) MOVE TO APPROVE THE FOURTH READING OF ORDINANCE NO. 20-08 AND TO SET THE FIFTH READING FOR DECEMBER 1, 2020. OR 2) MOVE TO APPROVE THE FOURTH READING OF ORDINANCE NO. 20-08, SET THE FIFTH READING AND CONTINUE THE PUBLIC HEARING TO DECEMBER 1, 2020 (AT 1:30 PM DATE AND TIME CERTAIN). 2. December 1, 2020 (5th Reading): Ordinance No. 20-08 Memorandum Date: October 23, 2020 File No. 509-PA20-05047 4rd Reading/Continued Public Hearing: November 10, 2020 th Lane Code Ch. 16.244 and 10.271 Amendment 5 Reading: December 1, 2020 Page 1 of 13 1) MOVE TO APPROVE ORDINANCE NO. 20-08 AND ORDER NO. 20-08-18-13 AS PRESENTED; OR 2) MOVE TO SET A SIXTH READING AND CONTINUE DELIBERATIONS TO DATE CERTAIN; OR 3) MOVE TO SET A SIXTH READING AND CONTINUE THE PUBLIC HEARING TO (DATE CERTAIN) AT 1:30 PM, AND DIRECT STAFF TO REVISE ORDINANCE NO. 20-08 OR ORDER NO. 20-08-18-13 AS DIRECTED BY THE BOARD (SUMMARIZE REVISIONS). II. AGENDA ITEM SUMMARY: As part of the Land Management Division (LMD) Code Modernization Project, updates to the following sections of Lane Code have been developed: 16.244 Floodplain Combining Zone (/FP, RCP) 10.271 Floodplain Combining District (/FP) The proposed updates are intended to continue the modernization of Chapter 16 and align the code more closely with State Law and the Code of Federal Regulations 44, which contains the minimum floodplain development standards for participation in the National Flood Insurance Program (NFIP), and update the floodplain combining zones at the direction of the Board of County Commissioners (the Board). Furthermore, the proposed Lane Code revisions require a change to Lane Manual 11.020. III. BACKGROUND/IMPLICATIONS OF ACTION: A. Board Action and Other History On August 18, 2020, a first reading for Ordinance 20-08 was held, and second reading and public hearing was set for September 1, 2020. On September 1, 2020, the Board conducted a public hearing on the matter at which public testimony was provided. Following public testimony and deliberations by the Board, the Board motioned to set a third reading and continue the public hearing on Ordinance 20-08 and Order 20-08-18-13 to a date and time certain, and directed staff to revise the Ordinance as stated by the Board. Generally, the motion provided direction to revise the proposed floodplain code language to prohibit development and uses within floodway areas with exceptions for necessary public and/or critical infrastructure and facilities that serve a public need, and to evaluate the removal of code language that enables channel hardening in the floodway. On October 6, 2020, staff returned to the Board with a revised Ordinance that reflected the motion made on September 1, 2020. Staff also provided optional draft code language to address replacement dwellings in the floodway. While not specifically mentioned in the September 1st motion, this was a topic of discussion by the Board. Additionally, staff drafted optional code language to allow the replacement of dwellings in the floodway that were destroyed by the Holiday Farm Fire. Ordinance No. 20-08 Memorandum Date: October 23, 2020 File No. 509-PA20-05047 4rd Reading/Continued Public Hearing: November 10, 2020 th Lane Code Ch. 16.244 and 10.271 Amendment 5 Reading: December 1, 2020 Page 2 of 13 Following the continued public hearing and discussion by the Board on October 6, 2020, the Board motioned to set a fourth reading and continued public hearing for November 11. 2020. This motion also provided staff direction to revise the ordinance. It is staff’s understanding that the Board’s motion directed staff to: 1. Provide more information on the possible flood insurance savings associated with a better community rating classification in the Community Rating System (CRS) program that could be achieved if higher regulatory standards were adopted by Lane County; 2. Revise the draft ordinance to prohibit new dwellings in the floodway, but not prohibit the replacement of lawfully established dwellings in the floodway and floodplain; 3. Revise the draft ordinance to allow other development in the floodway. The three topics contained within the motion are discussed in detail below, in section III. F - Analysis of this memo. On October 20th, 2020, staff returned to the Board to get clarification on the Octobers 6th motion because, while the fourth reading was set, it was not explicitly motioned to approve the third reading that occurred on October 6, 2020. In order to avoid any possible procedural error, the Board specifically motioned to approve the third reading and set the fourth reading for November 10, 2020 at 1:30 PM, date and time certain. Just prior to the October 6, 2020, public hearing, a significant amount of written public comment was received regarding the proposed floodway standards, specifically regarding how a prohibition on floodway development will affect the rebuilding of homes destroyed by the Holiday Farm Fire. This comment is provided as Attachment 3. Comments received after the October 6, 2020 and up until the publishing of this packet are provided as Attachment 4. An in-depth discussion of previous Board action regarding the floodplain code updates can be found in the July 31, 2020 agenda cover memo linked here. B. Policy Issues Any policy considerations are discussed below under III. F - Analysis. C. Board Goals Approval of Ordinance No. 20-08 and Lane Manual amendments supports the following Lane County Strategic Priority: Vibrant Community: 2.b Pursue programs and practices that reduce impacts on and leverage the natural environment to enhance livability and economic development. Enhancements to the land use provisions of Lane Code will further the Vibrant Communities Key Strategic Initiative 2.b by ensuring development within the County occurs in a safe, orderly and efficient manner. D. Financial and/or Resource Considerations The LMD’s Long Range Work Plan allocated staff resources for modernization of Lane Chapters 13, 14, and 16. Ordinance No. 20-08 Memorandum Date: October 23, 2020 File No. 509-PA20-05047 4rd Reading/Continued Public Hearing: November 10, 2020 th Lane Code Ch. 16.244 and 10.271 Amendment 5 Reading: December 1, 2020 Page 3 of 13 E. Health Implications Amendments to the floodplain regulations within Lane Code may have implications on human life and safety and health in a flood event. Actual health implications are difficult to predict, but generally, the proposed code amendments implement more restrictive standards for development proposed in the floodplain so as to reduce any possible impacts on health and safety in the event of a flood. The proposed amendments also propose restrictions to residential development in the floodway, an especially hazardous floodplain area. F. Analysis 1. Community Rating System The CRS is a program that provides additional incentive for NFIP participating communities to go above and beyond minimum requirements for participation in the NFIP. The incentive is that the flood insurance premiums for a NFIP participating community’s residents and businesses are discounted to reflect that community’s work to exceed the minimum requirements of the NFIP, including measures to reduce the likelihood of flood damage, implementing better floodplain management and protecting buildings beyond the minimum NFIP protection level. Staff has incorporated higher regulatory standards that go above and beyond the basic requirements of the NFIP into the proposed ordinance, at the direction of the Board. On October 6, 2020, the Board made a motion requesting more information and analysis by staff on what the actual savings might be for flood insurance holders in Lane County if Lane County improved its CRS standing. See Table 1 for insurance savings associated with a community’s CRS class. Currently, Lane County is a Class 7 in the CRS program, meaning that flood insurance policy holders receive a 15% discount on their insurance premium. Lane County’s class and subsequent discount is determined by the number of CRS credit points earned for floodplain management activities that exceed the minimum NFIP standards. Ordinance No. 20-08 Memorandum Date: October 23, 2020 File No. 509-PA20-05047 4rd Reading/Continued Public Hearing: November 10, 2020 th Lane Code Ch. 16.244 and 10.271 Amendment 5 Reading: December 1, 2020 Page 4 of 13 Table 1 The proposed ordinance seeks to adopt higher regulatory standards that have associated CRS credits. If Lane County adopts these standards, our community may qualify for additional CRS credits. Table 2 identifies the higher regulatory standards that are included in the proposed ordinance and the highest possible credit that can be gained from the standard.
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