City Council Special Meeting TUESDAY, DECEMBER 27, 2016 AT CITY HALL - 801 SW 174TH ST CITY COUNCIL CHAMBERS Page I CALL TO ORDER & FLAG SALUTE at 7:00 pm II ROLL CALL III APPROVAL OF THE AGENDA IV PUBLIC COMMENT - Please keep to 3 minutes V NEW BUSINESS 2-7 a Interim Amendments to City of Normandy Park Stormwater Code, Ordinance 948 - Mark Hoppen, City Manager Requested Council Action: M/S to adopt, discussion and vote VI ADJOURN Requested Council Action: M/S to adjourn by 10:00 pm per NPMC 202020(a) The next Regular City Council Meeting is scheduled for January 10, 2017 at 7:00 pm Page 1 of 7
Normandy Park City Council Meeting Meeting Date: December 27, 2016 Agenda Category: New Business Agenda Bill #: 368 SUBJECT: Interim Amendments to City of Normandy Park Stormwater Code ATTACHMENT(S): 1 Draft Ordinance 948 2 Also see: http://wwwecywagov/programs/wq/stormwater/manual/2014swmmwwinteractive/201 4%20SWMMWWhtm PRESENTED BY: Mark Hoppen, City Manager REVIEWED BY: City Manager, Community Development Director and City Attorney STAFF EXPLANATION: A requirement under the City of Normandy Park s NPDES Phase II Stormwater Permit is to adopt and integrate low impact development standards into the City s code by December 31 As a result, the City is acting as expediently as possible to comply with DOE and National Pollution Discharge Elimination System requirements, relating to this low impact development requirement deadline The city s on-call engineering firm, Gray and Osborne, has contacted DOE and staff is filing a notice of noncompliance and a schedule for completion of this task under the Phase II permit The staff recommended plan for compliance and schedule as follows: 1) Adopt the Department of Ecology 2012 Stormwater Management Manual for Western Washington (amended 2014) as the City s stormwater manual Normandy Park Municipal Code Chapter 1308025 designates the 2005 Department of Ecology Stormwater Management Manual for Western Washington as the City s stormwater design manual The City will adopt an emergency ordinance on December 27, 2016, designating the 2012 Manual (amended 2014) as the City s manual The ordinance will be effective immediately without need for a second reading Staff will prepare a regular ordinance adopting the 2014 manual on a permanent basis; this replacement ordinance will be submitted to the Department of Commerce for review and comment, and will go through the typical Planning Commission / City Council hearings and adoption process 2) Per Permit condition S5C4f, the City must review and revise the local development-related codes, rules, standards and other enforceable documents to Page 2 of 7
incorporate and require LID principles and LID BMPs We will develop a schedule for completing the necessary revisions, including SEPA, Department of Commerce review, Planning Commission review, and Council adoption, for our meeting with the Department of Ecology We will share this schedule with the Council prior to a February hearing on the interim ordinance FISCAL CONSIDERATIONS: None POLICY CONSIDERATIONS: The NPDES process is a federal requirement Since 2005, the City of Normandy Park has been in compliance with NPDES Stormwater regulations and has been operating its stormwater system under the permit Furthermore, the city already has a policy commitment to LID practices and has adopted various manuals per NPMC1308025, which states: Stormwater management manual adopted The city adopts the 2005 Stormwater Management Manual for Western Washington published by the Washington State Department of Ecology as the general stormwater design manual for the city For small residential projects with fewer than 10,000 square feet of total site impervious surface, and that add and/or replace less than 5,000 square feet of paved area, the city adopts the 2008 City of Normandy Park Small Project Drainage Requirements and Technical Guidance Manual as applicable In addition the city adopts the current edition of the Low Impact Development Technical Guidance Manual for Puget Sound The city may create and adopt amendments to any manual as necessary If any inconsistencies exist between the requirements in this chapter and adopted manuals, the more restrictive shall apply One copy of the 2005 Stormwater Management Manual for Western Washington, City of Normandy Park Small Project Drainage Requirements and Technical Guidance Manual, and the Low Impact Development Manual shall be available in the office of the city clerk for use and examination by the public (Ord 888 1 (Exhibit A), 2012; Ord 805 2, 2008) Amending this code provision and other elements of the code will require following NPDES process requirements as identified in the staff explanation above COUNCIL OPTIONS: 1 Adopt the ordinance as presented 2 Adopt the ordinance with specified changes 3 Take no action RECOMMENDED MOTION: "I move to adopt this ordinance as drafted" Page 3 of 7
CITY OF NORMANDY PARK ORDINANCE NO 948 AN ORDINANCE OF THE CITY OF NORMANDY PARK, WASHINGTON, DECLARING AN EMERGENCY; ADOPTING FINDINGS; ADOPTING INTERIM AMENDMENTS TO THE NORMANDY PARK MUNICIPAL CODE IN ORDER TO IMPLEMENT THE NPDES PHASE II STORMWATER PERMIT; SETTING FEBRUARY 14, 2017, AS THE DATE FOR A PUBLIC HEARING ON THE INTERIM AMENDMENTS; PROVIDING THAT SUCH AMENDMENTS WILL BE EFFECTIVE FOR A PERIOD OF SIX MONTHS FROM ADOPTION OR UNTIL PERMANENT AMENDMENTS ARE ADOPTED; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN IMMEDIATE EFFECTIVE DATE WHEREAS, the NPDES Phase II Municipal Stormwater Permit ( the Permit ) issued by the Department of Ecology requires that all Phase II jurisdictions (including Normandy Park) adopt amendments to their development regulations to integrate and encourage the use low impact development techniques; and WHEREAS, the deadline for adopting such regulations is December 31, 2016, and the City of Normandy Park needs to bring its regulations into compliance with the Permit in order to continue discharging stormwater into the waters of the State of Washington and the United States; and WHEREAS, unless the City of Normandy Park declares an emergency and immediately adopts required regulations, the City will be out of compliance with the Permit; and WHEREAS, the City of Normandy Park has prepared interim regulations which the Normandy Park City Council could adopt in order to bring the City into compliance with the Permit while permanent regulations are developed and adopted NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORMANDY PARK, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1 Findings In support of the interim amendments adopted by this ordinance, the Normandy Park City Council adopts the recitals of this ordinance as its findings The City Council may, but shall not be obligated to, adopt additional findings upon completion of the public hearing referred to in Section 3 below Section 2 Interim Regulations Adopted The development regulations attached to this ordinance as Exhibit A are hereby adopted as the City of Normandy Park s interim regulations regarding low impact development Section 3 Public Hearing The Normandy Park City Council shall hold a public hearing on the interim development regulations set forth in Section 2 above on February 14, 2017 at 7:00 pm or as soon thereafter as the matter may be heard, in the Council Chambers at Normandy Park City Hall, 801 SW 174th Street, Normandy Park, Washington 98166 The City Clerk or Community Development Director shall cause Ordinance 948 {JEH1527451DOCX;1/00092900000/900000 } Page 4 of 7
notice of the hearing to be published in the City s official newspaper and posted on the City s website as provided in NPMC 18150070 Section 4 Effective Period for Interim Amendment The interim amendment set forth in this ordinance shall be in effect for six months from the date this ordinance is effective and shall thereafter automatically expire, unless the same is extended as provided in RCW 3670A390 and RCW 35A63220, or unless a permanent amendment is adopted sooner by the Normandy Park City Council Section 5 Transmittal to Planning Commission This ordinance shall be transmitted to the Normandy Park Planning Commission for its consideration and recommendation concerning The Normandy Park Planning Commission is requested to complete its review, including the holding of a public hearing on permanent amendment and the transmittal of its recommendation to the Normandy Park City Council, in time for the Council to deliberate and take action before the interim amendment expires Section 6 Transmittal to Department of Commerce Pursuant to RCW 3670A106, this ordinance shall be transmitted to the Washington State Department of Commerce as required by law Section 7 Severability If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the invalidity or unconstitutionality does not affect the valid or constitutionality of any other section, sentence, clause or phrase of this ordinance Section 8 Effective Date For the reasons set forth in the recitals above, the Normandy Park City Council hereby finds and declares that an emergency exists that makes this ordinance necessary for the immediate protection of the public health, public safety, public property, or public peace This ordinance, having been passed by a majority plus one of the whole membership of the Council, shall therefore become effective immediately upon passage as provided in RCW 35A13190 PASSED BY THE CITY COUNCIL OF THE CITY OF NORMANDY PARK THIS 27 th DAY OF DECEMBER, 2016; AND SIGNED IN AUTHENTICATION OF ITS PASSAGE THIS 27 th DAY OF DECEMBER, 2016 Jonathan Chicquette, Mayor Attest: Debbie Burke, City Clerk APPROVED AS TO FORM: Ordinance 948 {JEH1527451DOCX;1/00092900000/900000 } Page 5 of 7
James E Haney, City Attorney Vote Bishoff Chicquette Waters Sipes-Marvin Munslow West Ayes: Nays: Abstentions: Absent: PUBLISHED: January 6, 2017 EFFECTIVE: December 27, 2016 Ordinance 948 {JEH1527451DOCX;1/00092900000/900000 } Page 6 of 7
Exhibit A Section 1308025 of the Normandy Park Municipal Code is hereby amended as follows: 1308025 Stormwater management manual adopted The city adopts the 2012 Stormwater Management Manual for Western Washington (amended 2014) 2005 Stormwater Management Manual for Western Washington published by the Washington State Department of Ecology as the general stormwater design manual for the city For small residential projects with fewer than 10,000 square feet of total site impervious surface, and that add and/or replace less than 5,000 square feet of paved area, the city adopts the 2008 City of Normandy Park Small Project Drainage Requirements and Technical Guidance Manual as applicable In addition the city adopts the current edition of the Low Impact Development Technical Guidance Manual for Puget Sound The city may create and adopt amendments to any manual as necessary If any inconsistencies exist between the requirements in this chapter and adopted manuals, the more restrictive shall apply One copy of the 20052012 Stormwater Management Manual for Western Washington, City of Normandy Park Small Project Drainage Requirements and Technical Guidance Manual, and the Low Impact Development Manual shall be available in the office of the city clerk for use and examination by the public (Ord 888 1 (Exh A), 2012; Ord 805 2, 2008) Page 7 of 7