Springfield City Council — December 13, 2021

0:03 all right i'm going to call the springfield city council work session uh to order with roll call please mayor van gorden here councillors pitts here mo here uh counselor pictionary is excused he is running just a little bit late um and then i'm going to turn it over to the county commission yes thank you mayor and i'm going to open the lane county board of commerce commissioners work session i don't know who will be calling role for us i will call roll for you thank you commissioner trigger

0:49 here commissioner buck here commissioner bozovich here vice chair far accounted for chair bernie here all right well welcome everybody it's been a long time since we've had a joint meeting with our partners over at the county so it's a is it a pleasant surprise and hopefully next time we'll all be doing this in person where uh the county can provide the snacks um we have one item tonight it's the floodplain overlay district code amendments with sandy and rachel and i'm going to turn it over to them for a presentation and then we'll be able to ask a couple of questions

1:34 good evening mayor and council board of commissioners i'm happy to be here with you tonight we're going to take this first half hour to orient you to the project in preparation for the public hearing this evening so my name is sandy belson i am the interim planning manager for the city of springfield and i will let rachel introduce herself hello i am rachel cerselov a senior planner with lane county planning thank you sandy so i'm sharing my screen hopefully you can see it um so tonight the topic before you are flood plain overlay district amendments to the springfield development code

2:20 and there is a companion code amendment to the lane code for the applicability of the springfield code in the urbanizable area that is the area between the city limits and the urban growth boundary we took an a little bit different path to get to this point tonight in that the lane county planning commission has not reviewed this this was a springfield planning commission providing a recommendation to both bodies and that is allowed per the intergovernmental agreement that we had established previously we did it that way this time rather than taking it through the lane county board because for two reasons one

3:07 most of the amendments there is really not much discretion as i'll get into later in order to comply with the federal requirements and secondly just as a savings on the workload so the planning commission did make a recommendation the springfield planning commission to both elected bodies and then you will individually take action following the public hearing and i'll just say if there are questions as we go feel free to get my attention somehow the way my screen is set up i don't see everybody so i'll be relying on the mayor and the chair to jump in and let me know if you have questions as we go through this work

3:52 session portion so the request before you tonight is a type 4 legislative amendment to the springfield development code and there are two sections that are being amended so one is the floodplain overlay district itself that is where all of the regulations around flood plain development are found within the springfield development code and then there are corresponding changes to our definitions section previously we had much of the definitions that were specific to the floodplain embedded into that general

4:37 definition section but we have moved all of the definitions relevant to flood plain specific to that flood plain overlay district section so um that i think eliminates some confusion it puts all of the definitions relevant to the floodplain in that same section and then as i mentioned it does require approval from the lane county board of commissioners and i'll let rachel speak to that a little bit more thanks sandy uh yeah so this evening the the board is being asked to amend lane code chapter 10 to adopt the amendments to the springfield development code specifically the floodplain development code for the city of springfield

5:22 and this specific code provision will apply within the springfield urban growth boundary and outside of the city limits and lane county and the city of springfield entered into an intergovernmental agreement that springfield would regulate construction and development outside of the city limits and within their urban growth boundary in 1986 and at that time lane county adopted the springfield development code for implementation within the springfield urban growth boundary and now in order to amend that development code we also have to amend chapter 10. and i'm going to leave it to sandy to discuss the details of those code amendments before i get into the details of the

6:08 code amendments just a little bit of background on the flood insurance program so i know that the lane county board is probably pretty familiar with this because i know you've had several amendments coming your way that rachel has taken through your public hearings process but basically the national flood insurance program was created by the u.s congress in 1968 it is administered by the federal emergency management agency and objectives are to one ensure new buildings will be free from flood damage to prevent development from increasing flood damage on existing property and that is basically by when you're putting more mass in the

6:54 flood plain you could be causing a rise in the flood elevation or a change in the flood current kind of as it comes through so that's that second objective is addressing the impacts of adding fill into the floodplain that could affect other properties nearby and then the third objective to ensure natural and beneficial functions of the floodplain are preserved so by participating in this national flood insurance program residents and homeowners in springfield and our our jurisdiction out to the urban growth boundary have access to the federally backed flood insurance and it also enables springfield to be

7:41 eligible for federal disaster relief so those are two pretty important components of why we want to make sure that we are compliant with the requirements from fema to continue participation in the national flood insurance program a little bit of our history of regulation springfield joined the national flood insurance program in 1985 adopted amendments in 1986 to include flood plain regulations and then in 87 revised them again to ensure compliance with the minimum standards that came out of fema there were seven more amendments with substantial amendments made in

8:26 1997 to meet the minimum standards for participating in the national flood insurance program in 2007 springfield reformatted the development code and so the regulations became section 3.3-400 so they were codified into that section of the springfield development code and here we are today once again needing to update our floodplain regulations to comply with the minimum requirements to participate in the national flood insurance program this map generally shows the area of floodplain as you know springfield is between two rivers so we have the

9:11 mckinsey river on the north side and its association associated floodplain and then the coast fork of the willamette river coming through here joined by the i'm sorry the middle fork of the willamette river coming together joining the coast fork to continue through the glenwood area with its floodplain and then we have some other smaller floodplains the mill race channel 6 along the q street 126 corridor so what these changes are not we are not changing the theme of floodplain maps and we are not changing the floodplain overlay district boundaries in springfield the 100-year floodplain is

9:58 the area of special flood hazard so that is the area to which the floodplain overlay district boundary applies so these amendments will apply to i mean the floodplain regulations would apply to new construction and development substantial improvements and then conversions from residential to non-residential land use and vice versa these proposed amendments are based on the oregon model flood hazard management ordinance which became effective in october of 2020 so there are when you look at the red line legislative formatting of the code you'll see that there are quite a bit of changes there is a lot of rearrangement

10:44 rewording we've added sections as i mentioned before we moved definitions into this section and so there are numbering and formatting changes so i'm going to touch on a few of the key proposed changes so one is the floodplain administrator duties there are changes in terms of what the floodplain administrator needs to do and reviewing permits the information that we are to obtain and maintain and then who we are to notify about changes um such as jurisdictional boundary changes

11:29 um there is a change in terms of substantial damage so one thing we wanted to highlight is if there should be uh a natural hazard event we would be required to go out and conduct these substantial damage assessments um and so that's just something to be aware of since we do know that we could be facing some natural hazards whether they be flood or the cascadia event or something like that so previous floodplain regulations applied to new construction and substantial improvements but now we've added this conversion piece so if a structure was residential and is converting to

12:16 resid to commercial then they would need to come into compliance um including elevating that um base flood elevation up above that one foot if they weren't previously on manufactured dwellings we have chain the requirements change the anchoring standards it changes how you measure the height for how high they need to be above the base flood elevation and i will add another point here which is brought out by the one piece of public testimony that we've received for this hearing and that is that in existing subdivisions and mobile home

13:03 parks so when i say mobile home parks manufactured dwelling parks or subdivisions that include manufacture dwellings any replacement dwellings will now need to comply with the elevation requirements and all of the floodplain requirements whereas previously that was not the case the new regulations include some prohibitions on environmentally hazardous materials so this includes toxic material oil gasoline or any priority persistent pollutants identified by the department of environmental quality and the model

13:49 code did not allow those in pertinent structures which we would typically call it accessory structures unless they were contained within a tank that met certain requirements our planning commission made a recommendation to also prohibit the storing of these materials within a crawl space unless it's in a tank if that crawl space is below the base flood elevation or in a garage unless within that garage it's elevated above one foot above the base flood elevation or in the tank the planning commission also recommended inclusion of the requirement that the tanks meet requirements of a fire code that's

14:35 true anyway but we've added the language into the proposed code to make sure that people are aware of that necessity to comply with the fire code one other area that the planning commission recommended a higher standard is in regard to recreational vehicles those that would be in an rv park or in rv storage and so the regulations are written such that the owner of the rv park or the rv storage would enter into an agreement with the city stating that they would operate their facility in compliance with the

15:20 floodplain regulations and that prior to the flood season the manager would check that the rvs are either fully licensed and ready for highway use or that they would meet the requirements of a manufactured dwelling with the anchoring and elevation furthermore that the rv park or storage facility would have an emergency plan that specifies how the flood warnings would be received and then how the vehicles trailers and occupants will be safely evacuated in the event of a flood the approval criteria for this set of amendments comes from lane code

16:06 and the springfield development code in the springfield development code it's referencing the metro plan applicable state statutes and then the applicable statewide planning goals and administrative rules and then the next steps if all goes as planned this evening and you decide to close the hearing and the record then the city council would hold its second reading on the ordinance and adopt it on january 3rd and then the board of commissioners would hold your third reading and adopt ordinance number 2108 on february 8th and then it would be sent to the department of land conservation and

16:52 development for acknowledgement and then the amended regulations would go into effect rachel do you want to add anything at this point um i do just want to make one clarification that the memo that was provided to the board identified a date of january 25th as when you would see this item next and i just wanted to point out that that has been updated to february 8th if the deliberations get moved they would be moved to that date that's it for me thank you leonard thanks um thanks for the report sandy very informative uh so when you're saying

17:38 that the rvs um have to be either anchored and elevated i take it that means um on blocks um the other alternative is properly licensed and ready for highway use does does ready uh does does ready for highway use just being properly licensed or would there be something else that would be required so um when we talk about ready for highway use that means there's nothing built onto the rv that would prevent them from being able to drive or be towed away um so that there's not like a shed that's been built to attach to it right that basically that these are ready to go um

18:26 and that they're operational you know that they're they're not a broken down rv without tires something like that okay so if they're um being put up on blocks would it be okay to build onto them at that point so if they're built put on blocks then it's really more than put on blocks because they would need to be like a permanent dwelling like a manufactured dwelling would be where they are actually anchored and you have a foundation okay and that would mean um like metal skirting around it that kind of thing it may or i mean the we wouldn't require the metal skirting

19:12 that's more of a aesthetic um component but they would need to make sure that they're not going to float away is really the the main thing and that the water can flow through the if there is a foundation type structure wall that the water is going to be able to flow through that like you would have the openings i see so it would have to be well part of the requirement would be a certain height off the ground okay that's what i needed thank you commissioner thank you so as we did our floodplain updates we found out that there's

19:57 what the minimum to participate in the national flood insurance program then there's the model language the model language optional language and then there's stuff that's beyond that can you quickly tell me where this draft code goes beyond the minimum standards to to participate in the national flood insurance program and where it reaches beyond just the base model code and incorporates optional code because i i we got a letter from the springfield realtor is concerned about a two foot free board which is above the what's needed to put in fact one foot's above what's needed to participate in the national flood insurance program and also i as you were talking about

20:44 hazardous materials my understanding that's part of the optional portion of the model code not the mandatory model code so if you could if you know either miss belson or mrs cerslove could kind of really quickly just give me a broad brush what's what's what's above and beyond national flood insurance program what's outside the model code what's optional model code sure i'd be happy to answer that um and i i have not yet addressed the fully the board of realtors letter we'll get to that in a bit but to more directly answer your question there are three places where our existing code went above and beyond the requirements

21:30 and that is in the applicability section 3.3.420 b2 where if we have an area that is susceptible to inundation from water that has not been identified as a special flood area on fema maps then we can add that to our regulated floodplain area we don't have any like that but the code allows for that the second area where our existing code goes above and beyond and we've maintained these going forward

22:15 is that for non-residential construction we require that they be flood proofed to one foot above the base flood level um whereas the minimum requirement is it just has to be flood proofed up to the base flood elevation and then the third place is in the floodways um we do would not allow the subdividing or partitioning of land for residential purposes if the property is located entirely within the floodway so those are the three existing places where our code goes above and beyond that we have maintained and then the only ones that we've added beyond

23:01 that in this update process were those that i identified that the planning commission had recommended for the rv parks and then the toxic materials it was already required for the apartment structures in the model code but they added it to the crawl space and the garage sandy was it added you know as part of the model code one of the optional pieces of model code or was that in the base model code because i know there's options and i believe the hazardous materials some of that or at least some identifying structures around hazardous materials was part of optional code i'm a little concerned because the definition of hazardous materials is

23:47 super tricky and you can actually have a lot of businesses and even residential chemicals qualify as hazardous materials so i'm i'm concerned about that so we just um let me see if i can share this here so we took the definition um out of the model code for toxic material oil gasoline we didn't actually use the hazardous materials definition we just use the language toxic material oil gasoline or any priority persistent pollutant identified by deq so i think we avoided the issue some of the issues that you had with lane county in terms of um

24:33 defining hazardous materials we have not done that um so we took the language from the model code that applied to pertinent structures and applied it to the crawl spaces and garage language rachel is there anything else you wanted to add there oh yes vice chair four and commissioners i'll be calling on commissioners if you could raise the hand icon we're not used to that but please vice chair thanks you know thank you chair bernie and uh thank you miss belson for the presentation rachel

25:19 uh seriously thank you just a quick question this is kind of out of curiosity you mentioned as recommended by your planning commission do you usually accept recommendations of your planning commission as you move forward so are you asking if we accept their recommendations it's just kind of out of curiosity do you take the study that they do and use it to make decisions yes um so what the the draft that is before you um incorporates the planning commission recommendations and then we also added some other staff tweaks based on review from department of land conservation and development and such so the version that's attached to your ordinance incorporates both the planning

26:05 commission recommendation and a couple additional staff changes and those are outlined in the memo that we provided that covers my question perfectly thank you very much sponsor woodrow i just wanted to clarify the response that jay got um your response in regards to the board of realtors concerns was i clear in hearing you say that part of the above and beyond the minimum is already in place so i maybe i should address those concerns now i was going to do it during the public hearing um

26:50 but the there are two concerns raised by the board of realtors um the first issue is the free board the two feet of free board so in areas where we have an identified base flood elevation we have an existing requirement to build one foot above for the lowest floor elevation and that is not changing we are the going forward it will still be one foot above your lowest floor will still be one foot above the base flood elevation for residential structures what i think they looked at was in areas where we do not have a base flood elevation

27:36 and the existing code says that the city should require that the residents be reasonably safe from flooding and then it states that if the home is not elevated at least two feet above the highest adjacent grade that flood insurance rates may be higher what is changing is to to comply with the requirements of the model code is that you will continue to be required to raise it high enough to be reasonably safe from flooding and that's requiring us to look at historical data like if there are

28:22 aerial photos or whatever from past floods but that it must be at least two feet above the highest adjacent grade it's no longer advisory it's it's a must and that's when we do not know the base flood elevation so i think that's what they are talking about in that first point in springfield most of our flood plain does have a base flood elevation um but there are some where we don't know those are the unnumbered a zones and then the second point from the border realtors involved replacing the mobile homes in the existing mobile home parks and subdivisions and that is a

29:07 requirement of the model code so both issues raised by the realtors we are doing um making the changes to meet the minimum requirements also patient area thank you i apologize for running late i had another commitment um so i guess the the simplest question i have is you you refer to the model code and is that is the model code is that something that we crafted or whoever crafted so is it fema crafted that it was created by oregon the state of oregon to apply within oregon based on federal

29:52 requirements okay and so um so all the elevations you're talking about this model code is something that we do not have a choice and it's something that they're saying this is what you must do so the elevations are the flood based flood elevations are based on studies that are done that are fema approved okay so but i guess kind of a yes no is it is this model code detailing out things that we do not have a choice but we must comply with correct so then the argument that the realtors are making

30:37 stating that there are certain things that that are being considered are not required and you're saying they are required is that am i understanding this incorrectly well i think that they they may have not completely understood the proposed amendments um so i there is a requirement for the two feet in to be elevated um above the grade in areas where we do not have a base flood elevation but we only are requiring one foot uh what they call free board in areas where we do know the base flood elevation and they didn't make a distinction so i'm just assuming what they were looking at

31:25 okay so then so then we are making the decision to go one foot is something that we're deciding to do is not as being it's not being mandated with something that it sounds like we're being we're deciding to do the one foot above face foot elevation for your lower floor is what we do now and is what it is also what will continue to be required with the model code okay so we do that and it's required we don't have a choice there okay i mean i just i just want to make sure that we're not i mean i understand we need we have to do things right got to follow the requirements but i don't want to see i i can't support um further restrictions or requirements

32:10 when we're not told that we have to do that i don't want things kind of dreamed up it would just be great i mean not dreamed up but you know just created without having some sort of mandate to back us so i'm i'm okay thank you sandy i saw christina pop up did you have anything else you wanted to add i just wanted to add that those provisions from the model code are almost verbatim the minimum criteria under federal law they've copy pasted them into the model code so it's not an area where we likely could work through the exception process to change something in the model code um even if that's what the council and board wanted to explore because those elevations are listed in federal rules and i'm happy to provide a site if that does help to the border commission um it's in 44 cfr 60.3

33:03 okay thank you last call for any questions before we adjourn the work session all right then i'm going to go adjourn the work session of the springfield city council and then turn it over to the county commission who will follow the mayor's lead and during the work session for the lane county board of commissioners don't worry we're all staying here for the next act i'm going to call the regular session of the springfield city council to order with roll call mayor van gorden here councillors pitts moe here bradley here woodrow here and patinary i'm here thank

33:48 you and i will call this regular session of the springfield city council wayne county board of commissioners to order roll call sorry i was trying to get to my mute i know this is our usual commissioner trigger here commissioner buck yeah commissioner bosovich here vice chair far here thank you chair bernie here all right uh please join me in the pledge of allegiance

34:34 i pledge allegiance allegiance to the flag of the united states america into the republic public for which which stands one nation nation under god indivisible with visible liberty thank you tonight the springfield and lane county elected officials are holding a joint public hearing to hear testimony on city-initiated amendments to the springfield floodplain overlay district lane county must co adopt any amendments to the springfield development code that apply to properties outside of the city limits as the flood plains of the mckinsey river a middle fork of the willamette river and various small streams are located both inside the city and outside of the city within springfield's urban

35:19 growth boundary the city council and the board of commissioners must adopt code amendments if you are here this evening and would like to speak about this action you will have the opportunity to raise your hand after the staff report and you will be called on to unmute yourself and speak i hereby open the public hearing on ordinance amending the springfield development code section 3.3400 floodplain over lay district regarding regulation of development sdc within the floodplain and amending sdc section 6.1-100 definitions adopting a severability and abbreviation clauses and providing an effective date and we will go through and have the city council declare any potential or actual conflicts of interest and i will start and then we

36:05 will go by words i do not have any conflicts of interest to declare i have no conflicts to declare i have no conflict of interest i have no conflict of interest to declare no conflict of interest to declare i have no conflicts of interest to declare nor do i very good then i'm going to turn it over to the county commissioner and i hereby open the public hearing for ordinance number 21-08 in the matter of amending lane code chapter 10 to co-adopt amendments to the floodplain overlay district of the

36:51 springfield development code for the urbanizing area between the city limits and urban growth boundary of the city of springfield and adopting a savings and severability clause file number 509-821-0587 and this time i will ask if any commissioners have any conflicts of interest or biases to declare i'm sorry dude i are you asking about public comment no we are i'm asking you to i didn't ask each commissioner whether they have a call i apologize sorry

37:36 commissioner trigger no conflict of interest commissioner buck ben commissioner bozovich none vice chair far no conflicts but i am biased toward the millers over the colds fair bernie no conflict and i share the vice chairs bias all right the order of proceedings for this hearing will be first the report by the staff followed by public testimony and then additional comments by the staff can we please have the staff report

38:22 good evening mayor and council board of county commissioners my name is sandy belson i'm the interim planning manager here to present on behalf of the city of springfield and we also have county representative rachel introduce yourself good evening commissioners and city council my name is rachel sterzlove a staff planner with lane county thank you sandy so i'm going to do an abbreviated version of what i presented for the work session so for those who are attending just for the public hearing tonight's public hearing regards the floodplain overlay district

39:08 and is being considered by both the city council and the county board of commissioners in a joint public hearing these are type four legislative amendments in that they affect the development code and apply broadly there are changes to section 3.3-4 the floodplain overlay district and then also changes to section 6.1-100 definitions it requires these amendments require approval by both bodies and uh the county board's decision will actually amend lane county code chapter 10 and i'll ask rachel to explain that further

39:58 thank you sandy yes the board is being asked to amend lane code chapter 10 to adopt amendments to springfield's development code specifically the floodplain development code for application within the urban growth boundary and outside of the city limits of springfield and lane county and the city of springfield entered into an intergov governmental agreement that springfield would regulate the construction and development outside of the city limits and within the urban growth boundary in 1986 and at that time lane county adopted the springfield development code for implementation within the springfield urban growth boundary and with updates to that development code lane county must also make amendments to lanco chapter 10.

40:44 thank you sandy so quick background the national flood insurance program was created by congress in 1968 and is administered by the federal emergency management agency the objectives are to ensure that buildings will be free from flood damage to prevent development from increasing flood damage on existing property and three to ensure natural and beneficial functions of floodplain are preserved by adopting the regulations as required by fema we are given access to the federally backed flood insurance to participate in

41:29 that flood insurance program so our residents and property owners can get that flood insurance it also ensures that spring build is eligible for federal disaster relief this map generally shows the areas of flood plain with the dark gray being the urban growth boundary so you can see here the mackenzie river and its associated floodplain and then on the south side of springfield we have the middle fork of the willamette river joining up with the coast fork through glenwood and so there's a floodplain with those and then there are some smaller streams such as the mill race the

42:14 channel six uh this floodplain area along highway 126 and two street so these regulations apply to any area that's within the hundred year flood plain which is a special flood hazard area and that's the area we have designated as the flood plain overlay zone there are no changes proposed to the fema floodplain maps at this time so therefore there are no changes to the floodplain overlay district boundaries we have not added any areas outside of the 100-year flood claim to our floodplain overlay district at this time the proposed amendments would apply to new construction and development to

43:00 substantial improvements and conversions from residential use to a non-residential use and vice versa these proposed amendments are based on the oregon model flood hazard management ordinance which went into effect on october 2020 so these changes rearrange reword and add sections to our floodplain overlay district and it moved uh definitions that had been in the general definitions section into the floodplain overlay district section so that all of the definitions relied upon in the floodplain regulations are referenced within that section in those definitions then there are also

43:45 some numbering and formatting changes so i'm just going to go over what the planning commission recommended be changed and these are areas that do go above and beyond the requirements of the model ordinance so for storage of environmentally hazardous materials which is not this we did not define hazardous materials in the code um but we are calling that's just the way i i put this heading on here to refer to the toxic material oil gasoline or any priority persistent pollutant identified by deq so these are the materials that we are regulating um and as required by

44:30 the model code those are not allowed in the pertinent structures unless they're in a tank pertinent structures are accessory structures that's how we usually call them um in other sections of our code the planning commission uh recommended to also apply this prohibition of these materials in crawl spaces if they were under the base flood elevation or in garages unless they are elevated one foot above the base flood elevation or in a tank the planning commission also recommended that we include a reference to the fire code in the

45:16 development code floodplain overlay district language so that there is a recognition that oh yeah flood code fire code also applies the other area that the planning commission recommended a higher standard is in regards to the rv park and rv storage facilities that the owner of these facilities be required to enter into an agreement with the city such that the rv park or rv storage area would be operated in compliance with floodplain regulations that prior to the flood season the manager will check that the rvs are

46:01 either fully licensed and ready for highway use or that they meet the anchoring and elevation requirements of a manufactured dwelling and which would mean that they've gotten a flood plain permit for that rv as a to show that they've met those anchoring and elevation requirements and that the rv and park or storage has an emergency plan that specifies how flood warnings will be received and how vehicles trailers and occupants will be safely evacuated in the event of a flood the approval criteria for these amendments come from lane code chapter 12 point well

46:47 12.300.030 i'm not really sure how you reference those and 10.315-20 and then springfield development code 5.6-115 [Music] a in reaching a decision on the adoption or amendment of refinement plans and this code's text the city council shall adopt findings that demonstrate conformance to the following the metro plan applicable state statutes and applicable statewide planning goals and administrative rules the findings showing compliance with these approval criteria are found in the staff report that would be attached to the adopting ordinance and with that i just want to stop sharing my

47:32 screen and talk a little bit about how we got to this point so the lane county um board and the city council are getting a recommendation from the springfield planning commission who held a public hearing back in september prior to that hearing we provided notice to all the property owners within the floodplain overlay district so that they knew about both hearings and then provided the general public notice in preparation for this public hearing we sent notice to all of the interested parties and provided the legal notice in the register guard and on our website we sent a media notice out that was carried by the chamber of commerce

48:17 springfield chamber of commerce and the chronicle thus far we have received one public comment that comment came from the springfield board of realtors today in letter form and their letter raises two issues of concern the first issue is and i'll read from their letter it is our understanding that the two feet of freeboard clearance mentioned in the draft is more than required for participation in the fema nfip the national flood insurance program so i want to address that in two ways one is that in areas where we have a base

49:03 flood elevation our existing requirement is that the lowest floor of a residence be elevated one foot above base flood elevation and we are not changing that and that is compliant with the model ordinance where i think and i don't know i didn't have time to clarify with the board of realtors since this just came in today but what i think they may have been looking at is the section of the code that applies to areas where we do not have a base flood elevation established and those would be the unnumbered a zones in that section there is a change from

49:48 what our current code says to what would be required with these adoption and that is that if we do not have a base flood elevation that in addition to being reasonably safe from flooding there must be at least a minimum two feet um elevation to that lowest floor above the adjacent grade so previously our code recommended that and said that if you don't elevate at least two feet from the adjacent grade your flood insurance may be higher but with the model code language you are now required to be at least two feet above

50:33 the highest adjacent grade and that is a requirement from the model code the second issue they raised concerns with is in terms of replacing existing mobile homes in mobile home parks and subdivisions and that again is a requirement of the model code so now and and this is a change so now uh if you replace a home it must be elevated as required that one actually we've changed how you measure the floodplain i'm sorry we change how we measure the distance instead of being the lowest florets to the chassis um from the that base flood

51:21 elevation that one foot above so under our current code if you're in an existing park or subdivision and there hasn't been substantial damage you could replace without having to meet the elevation requirements so this change is now requiring that higher elevation in compliance with the federal regulations that by elevating that replacement home that is helping to ensure that the new building is free from flood damage if we are in a situation where we actually do have a hundred year flood um rachel i want to give you a chance to say anything before we turn it over to

52:07 the mayor and chair for public comment i have nothing additional to add thank you sandy all right now is the time for public testimony you may use the raise hand feature and we'll call you call on you to unmute yourself and speak up and we'll need you to please state your name and mailing address or your part of the city for the record um and if you're interested please raise your hand mayor it does not appear we have any hands for this item okay so we're going to move on to the uh next part which is uh deliberations by

52:53 the council on board so possible follow-up questions or discussion before we close the hearing and record does anybody have any comments or discussion that they want to make all right i'm not seeing any so i'm going to go ahead and close the public hearing for the city of springfield there's one in every crowd i apologize every meeting and i will close the public hearing for the lane county board of commissioners and i will go ahead and close the record for the city of springfield

53:42 and i will close the public record for the lane county board of commissioners so this was the uh this ordinance will be back for adoption on january third twenty twenty two for the city of springfield and um ms chershlov and i will direct you and lane county staff to bring back ordinance for adoption as written um for adoption on february 8 2022. sandy yeah i just would say that um we would tend to incorporate this public comment and some response to that into the findings for the staff report so that that would be incorporated into uh

54:27 your ordinance for adoption on in in january so i just wanted to make sure that that was going to be okay and if there are any other issues that you have that we would address those um in any changes to the findings or the amendments oh different cities looks like something has triggered commissioner bozovich mayor do you want to take questions at this time or comments i i think we can go ahead and discuss if people got any issues commissioner go

55:13 ahead so we adopt this code as an ordinance so we should be moving to close the the record and approve the second reading of ordinance number 2108 and setting the third reading and for february 8th um in fact i will do that at this time if that's okay with you and that that will cover us legally because we as by ordinance we have to prove readings and let me commission you if i may um rachel we reviewed scripts does that mean with your approval yes that that is what should happen that's great thank you please

55:58 commissioner bozovich if you would so i'll move to close the public hearing and record for ordinance number 2108 and approve the second reading and set the third reading for february 8th 2022. i will second that okay commissioners it's been moved by commissioner bozovich to mr bosovich would you repeat the motion and seconded by vice chair far and then we'll vote basically move to close the record and approve the second reading and set the third reading for ordinance number 2108 for february thank you sir is there discussion amongst commissioners

56:43 seeing none all those in favor please uh signify by saying aye um well city council now you see how we know that motion's been approved unanimously five to zero mayor i think we can continue well i didn't want you to be alone um i'm gonna go that looks like the last part of our business so i'm gonna go in and adjourn the city council meeting and i will adjourn the meeting of the lane county board of commissioners thank you everyone thank you everybody have a good night

0:03 all right i'm going to call the springfield city council work session uh to order with roll call please mayor van gorden here councillors pitts here mo here uh counselor pictionary is excused he is running just a little bit late um and then i'm going to turn it over to the county commission yes thank you mayor and i'm going to open the lane county board of commerce commissioners work session i don't know who will be calling role for us i will call roll for you thank you commissioner trigger

0:49 here commissioner buck here commissioner bozovich here vice chair far accounted for chair bernie here all right well welcome everybody it's been a long time since we've had a joint meeting with our partners over at the county so it's a is it a pleasant surprise and hopefully next time we'll all be doing this in person where uh the county can provide the snacks um we have one item tonight it's the floodplain overlay district code amendments with sandy and rachel and i'm going to turn it over to them for a presentation and then we'll be able to ask a couple of questions

1:34 good evening mayor and council board of commissioners i'm happy to be here with you tonight we're going to take this first half hour to orient you to the project in preparation for the public hearing this evening so my name is sandy belson i am the interim planning manager for the city of springfield and i will let rachel introduce herself hello i am rachel cerselov a senior planner with lane county planning thank you sandy so i'm sharing my screen hopefully you can see it um so tonight the topic before you are flood plain overlay district amendments to the springfield development code

2:20 and there is a companion code amendment to the lane code for the applicability of the springfield code in the urbanizable area that is the area between the city limits and the urban growth boundary we took an a little bit different path to get to this point tonight in that the lane county planning commission has not reviewed this this was a springfield planning commission providing a recommendation to both bodies and that is allowed per the intergovernmental agreement that we had established previously we did it that way this time rather than taking it through the lane county board because for two reasons one

3:07 most of the amendments there is really not much discretion as i'll get into later in order to comply with the federal requirements and secondly just as a savings on the workload so the planning commission did make a recommendation the springfield planning commission to both elected bodies and then you will individually take action following the public hearing and i'll just say if there are questions as we go feel free to get my attention somehow the way my screen is set up i don't see everybody so i'll be relying on the mayor and the chair to jump in and let me know if you have questions as we go through this work

3:52 session portion so the request before you tonight is a type 4 legislative amendment to the springfield development code and there are two sections that are being amended so one is the floodplain overlay district itself that is where all of the regulations around flood plain development are found within the springfield development code and then there are corresponding changes to our definitions section previously we had much of the definitions that were specific to the floodplain embedded into that general

4:37 definition section but we have moved all of the definitions relevant to flood plain specific to that flood plain overlay district section so um that i think eliminates some confusion it puts all of the definitions relevant to the floodplain in that same section and then as i mentioned it does require approval from the lane county board of commissioners and i'll let rachel speak to that a little bit more thanks sandy uh yeah so this evening the the board is being asked to amend lane code chapter 10 to adopt the amendments to the springfield development code specifically the floodplain development code for the city of springfield

5:22 and this specific code provision will apply within the springfield urban growth boundary and outside of the city limits and lane county and the city of springfield entered into an intergovernmental agreement that springfield would regulate construction and development outside of the city limits and within their urban growth boundary in 1986 and at that time lane county adopted the springfield development code for implementation within the springfield urban growth boundary and now in order to amend that development code we also have to amend chapter 10. and i'm going to leave it to sandy to discuss the details of those code amendments before i get into the details of the

6:08 code amendments just a little bit of background on the flood insurance program so i know that the lane county board is probably pretty familiar with this because i know you've had several amendments coming your way that rachel has taken through your public hearings process but basically the national flood insurance program was created by the u.s congress in 1968 it is administered by the federal emergency management agency and objectives are to one ensure new buildings will be free from flood damage to prevent development from increasing flood damage on existing property and that is basically by when you're putting more mass in the

6:54 flood plain you could be causing a rise in the flood elevation or a change in the flood current kind of as it comes through so that's that second objective is addressing the impacts of adding fill into the floodplain that could affect other properties nearby and then the third objective to ensure natural and beneficial functions of the floodplain are preserved so by participating in this national flood insurance program residents and homeowners in springfield and our our jurisdiction out to the urban growth boundary have access to the federally backed flood insurance and it also enables springfield to be

7:41 eligible for federal disaster relief so those are two pretty important components of why we want to make sure that we are compliant with the requirements from fema to continue participation in the national flood insurance program a little bit of our history of regulation springfield joined the national flood insurance program in 1985 adopted amendments in 1986 to include flood plain regulations and then in 87 revised them again to ensure compliance with the minimum standards that came out of fema there were seven more amendments with substantial amendments made in

8:26 1997 to meet the minimum standards for participating in the national flood insurance program in 2007 springfield reformatted the development code and so the regulations became section 3.3-400 so they were codified into that section of the springfield development code and here we are today once again needing to update our floodplain regulations to comply with the minimum requirements to participate in the national flood insurance program this map generally shows the area of floodplain as you know springfield is between two rivers so we have the

9:11 mckinsey river on the north side and its association associated floodplain and then the coast fork of the willamette river coming through here joined by the i'm sorry the middle fork of the willamette river coming together joining the coast fork to continue through the glenwood area with its floodplain and then we have some other smaller floodplains the mill race channel 6 along the q street 126 corridor so what these changes are not we are not changing the theme of floodplain maps and we are not changing the floodplain overlay district boundaries in springfield the 100-year floodplain is

9:58 the area of special flood hazard so that is the area to which the floodplain overlay district boundary applies so these amendments will apply to i mean the floodplain regulations would apply to new construction and development substantial improvements and then conversions from residential to non-residential land use and vice versa these proposed amendments are based on the oregon model flood hazard management ordinance which became effective in october of 2020 so there are when you look at the red line legislative formatting of the code you'll see that there are quite a bit of changes there is a lot of rearrangement

10:44 rewording we've added sections as i mentioned before we moved definitions into this section and so there are numbering and formatting changes so i'm going to touch on a few of the key proposed changes so one is the floodplain administrator duties there are changes in terms of what the floodplain administrator needs to do and reviewing permits the information that we are to obtain and maintain and then who we are to notify about changes um such as jurisdictional boundary changes

11:29 um there is a change in terms of substantial damage so one thing we wanted to highlight is if there should be uh a natural hazard event we would be required to go out and conduct these substantial damage assessments um and so that's just something to be aware of since we do know that we could be facing some natural hazards whether they be flood or the cascadia event or something like that so previous floodplain regulations applied to new construction and substantial improvements but now we've added this conversion piece so if a structure was residential and is converting to

12:16 resid to commercial then they would need to come into compliance um including elevating that um base flood elevation up above that one foot if they weren't previously on manufactured dwellings we have chain the requirements change the anchoring standards it changes how you measure the height for how high they need to be above the base flood elevation and i will add another point here which is brought out by the one piece of public testimony that we've received for this hearing and that is that in existing subdivisions and mobile home

13:03 parks so when i say mobile home parks manufactured dwelling parks or subdivisions that include manufacture dwellings any replacement dwellings will now need to comply with the elevation requirements and all of the floodplain requirements whereas previously that was not the case the new regulations include some prohibitions on environmentally hazardous materials so this includes toxic material oil gasoline or any priority persistent pollutants identified by the department of environmental quality and the model

13:49 code did not allow those in pertinent structures which we would typically call it accessory structures unless they were contained within a tank that met certain requirements our planning commission made a recommendation to also prohibit the storing of these materials within a crawl space unless it's in a tank if that crawl space is below the base flood elevation or in a garage unless within that garage it's elevated above one foot above the base flood elevation or in the tank the planning commission also recommended inclusion of the requirement that the tanks meet requirements of a fire code that's

14:35 true anyway but we've added the language into the proposed code to make sure that people are aware of that necessity to comply with the fire code one other area that the planning commission recommended a higher standard is in regard to recreational vehicles those that would be in an rv park or in rv storage and so the regulations are written such that the owner of the rv park or the rv storage would enter into an agreement with the city stating that they would operate their facility in compliance with the

15:20 floodplain regulations and that prior to the flood season the manager would check that the rvs are either fully licensed and ready for highway use or that they would meet the requirements of a manufactured dwelling with the anchoring and elevation furthermore that the rv park or storage facility would have an emergency plan that specifies how the flood warnings would be received and then how the vehicles trailers and occupants will be safely evacuated in the event of a flood the approval criteria for this set of amendments comes from lane code

16:06 and the springfield development code in the springfield development code it's referencing the metro plan applicable state statutes and then the applicable statewide planning goals and administrative rules and then the next steps if all goes as planned this evening and you decide to close the hearing and the record then the city council would hold its second reading on the ordinance and adopt it on january 3rd and then the board of commissioners would hold your third reading and adopt ordinance number 2108 on february 8th and then it would be sent to the department of land conservation and

16:52 development for acknowledgement and then the amended regulations would go into effect rachel do you want to add anything at this point um i do just want to make one clarification that the memo that was provided to the board identified a date of january 25th as when you would see this item next and i just wanted to point out that that has been updated to february 8th if the deliberations get moved they would be moved to that date that's it for me thank you leonard thanks um thanks for the report sandy very informative uh so when you're saying

17:38 that the rvs um have to be either anchored and elevated i take it that means um on blocks um the other alternative is properly licensed and ready for highway use does does ready uh does does ready for highway use just being properly licensed or would there be something else that would be required so um when we talk about ready for highway use that means there's nothing built onto the rv that would prevent them from being able to drive or be towed away um so that there's not like a shed that's been built to attach to it right that basically that these are ready to go um

18:26 and that they're operational you know that they're they're not a broken down rv without tires something like that okay so if they're um being put up on blocks would it be okay to build onto them at that point so if they're built put on blocks then it's really more than put on blocks because they would need to be like a permanent dwelling like a manufactured dwelling would be where they are actually anchored and you have a foundation okay and that would mean um like metal skirting around it that kind of thing it may or i mean the we wouldn't require the metal skirting

19:12 that's more of a aesthetic um component but they would need to make sure that they're not going to float away is really the the main thing and that the water can flow through the if there is a foundation type structure wall that the water is going to be able to flow through that like you would have the openings i see so it would have to be well part of the requirement would be a certain height off the ground okay that's what i needed thank you commissioner thank you so as we did our floodplain updates we found out that there's

19:57 what the minimum to participate in the national flood insurance program then there's the model language the model language optional language and then there's stuff that's beyond that can you quickly tell me where this draft code goes beyond the minimum standards to to participate in the national flood insurance program and where it reaches beyond just the base model code and incorporates optional code because i i we got a letter from the springfield realtor is concerned about a two foot free board which is above the what's needed to put in fact one foot's above what's needed to participate in the national flood insurance program and also i as you were talking about

20:44 hazardous materials my understanding that's part of the optional portion of the model code not the mandatory model code so if you could if you know either miss belson or mrs cerslove could kind of really quickly just give me a broad brush what's what's what's above and beyond national flood insurance program what's outside the model code what's optional model code sure i'd be happy to answer that um and i i have not yet addressed the fully the board of realtors letter we'll get to that in a bit but to more directly answer your question there are three places where our existing code went above and beyond the requirements

21:30 and that is in the applicability section 3.3.420 b2 where if we have an area that is susceptible to inundation from water that has not been identified as a special flood area on fema maps then we can add that to our regulated floodplain area we don't have any like that but the code allows for that the second area where our existing code goes above and beyond and we've maintained these going forward

22:15 is that for non-residential construction we require that they be flood proofed to one foot above the base flood level um whereas the minimum requirement is it just has to be flood proofed up to the base flood elevation and then the third place is in the floodways um we do would not allow the subdividing or partitioning of land for residential purposes if the property is located entirely within the floodway so those are the three existing places where our code goes above and beyond that we have maintained and then the only ones that we've added beyond

23:01 that in this update process were those that i identified that the planning commission had recommended for the rv parks and then the toxic materials it was already required for the apartment structures in the model code but they added it to the crawl space and the garage sandy was it added you know as part of the model code one of the optional pieces of model code or was that in the base model code because i know there's options and i believe the hazardous materials some of that or at least some identifying structures around hazardous materials was part of optional code i'm a little concerned because the definition of hazardous materials is

23:47 super tricky and you can actually have a lot of businesses and even residential chemicals qualify as hazardous materials so i'm i'm concerned about that so we just um let me see if i can share this here so we took the definition um out of the model code for toxic material oil gasoline we didn't actually use the hazardous materials definition we just use the language toxic material oil gasoline or any priority persistent pollutant identified by deq so i think we avoided the issue some of the issues that you had with lane county in terms of um

24:33 defining hazardous materials we have not done that um so we took the language from the model code that applied to pertinent structures and applied it to the crawl spaces and garage language rachel is there anything else you wanted to add there oh yes vice chair four and commissioners i'll be calling on commissioners if you could raise the hand icon we're not used to that but please vice chair thanks you know thank you chair bernie and uh thank you miss belson for the presentation rachel

25:19 uh seriously thank you just a quick question this is kind of out of curiosity you mentioned as recommended by your planning commission do you usually accept recommendations of your planning commission as you move forward so are you asking if we accept their recommendations it's just kind of out of curiosity do you take the study that they do and use it to make decisions yes um so what the the draft that is before you um incorporates the planning commission recommendations and then we also added some other staff tweaks based on review from department of land conservation and development and such so the version that's attached to your ordinance incorporates both the planning

26:05 commission recommendation and a couple additional staff changes and those are outlined in the memo that we provided that covers my question perfectly thank you very much sponsor woodrow i just wanted to clarify the response that jay got um your response in regards to the board of realtors concerns was i clear in hearing you say that part of the above and beyond the minimum is already in place so i maybe i should address those concerns now i was going to do it during the public hearing um

26:50 but the there are two concerns raised by the board of realtors um the first issue is the free board the two feet of free board so in areas where we have an identified base flood elevation we have an existing requirement to build one foot above for the lowest floor elevation and that is not changing we are the going forward it will still be one foot above your lowest floor will still be one foot above the base flood elevation for residential structures what i think they looked at was in areas where we do not have a base flood elevation

27:36 and the existing code says that the city should require that the residents be reasonably safe from flooding and then it states that if the home is not elevated at least two feet above the highest adjacent grade that flood insurance rates may be higher what is changing is to to comply with the requirements of the model code is that you will continue to be required to raise it high enough to be reasonably safe from flooding and that's requiring us to look at historical data like if there are

28:22 aerial photos or whatever from past floods but that it must be at least two feet above the highest adjacent grade it's no longer advisory it's it's a must and that's when we do not know the base flood elevation so i think that's what they are talking about in that first point in springfield most of our flood plain does have a base flood elevation um but there are some where we don't know those are the unnumbered a zones and then the second point from the border realtors involved replacing the mobile homes in the existing mobile home parks and subdivisions and that is a

29:07 requirement of the model code so both issues raised by the realtors we are doing um making the changes to meet the minimum requirements also patient area thank you i apologize for running late i had another commitment um so i guess the the simplest question i have is you you refer to the model code and is that is the model code is that something that we crafted or whoever crafted so is it fema crafted that it was created by oregon the state of oregon to apply within oregon based on federal

29:52 requirements okay and so um so all the elevations you're talking about this model code is something that we do not have a choice and it's something that they're saying this is what you must do so the elevations are the flood based flood elevations are based on studies that are done that are fema approved okay so but i guess kind of a yes no is it is this model code detailing out things that we do not have a choice but we must comply with correct so then the argument that the realtors are making

30:37 stating that there are certain things that that are being considered are not required and you're saying they are required is that am i understanding this incorrectly well i think that they they may have not completely understood the proposed amendments um so i there is a requirement for the two feet in to be elevated um above the grade in areas where we do not have a base flood elevation but we only are requiring one foot uh what they call free board in areas where we do know the base flood elevation and they didn't make a distinction so i'm just assuming what they were looking at

31:25 okay so then so then we are making the decision to go one foot is something that we're deciding to do is not as being it's not being mandated with something that it sounds like we're being we're deciding to do the one foot above face foot elevation for your lower floor is what we do now and is what it is also what will continue to be required with the model code okay so we do that and it's required we don't have a choice there okay i mean i just i just want to make sure that we're not i mean i understand we need we have to do things right got to follow the requirements but i don't want to see i i can't support um further restrictions or requirements

32:10 when we're not told that we have to do that i don't want things kind of dreamed up it would just be great i mean not dreamed up but you know just created without having some sort of mandate to back us so i'm i'm okay thank you sandy i saw christina pop up did you have anything else you wanted to add i just wanted to add that those provisions from the model code are almost verbatim the minimum criteria under federal law they've copy pasted them into the model code so it's not an area where we likely could work through the exception process to change something in the model code um even if that's what the council and board wanted to explore because those elevations are listed in federal rules and i'm happy to provide a site if that does help to the border commission um it's in 44 cfr 60.3

33:03 okay thank you last call for any questions before we adjourn the work session all right then i'm going to go adjourn the work session of the springfield city council and then turn it over to the county commission who will follow the mayor's lead and during the work session for the lane county board of commissioners don't worry we're all staying here for the next act i'm going to call the regular session of the springfield city council to order with roll call mayor van gorden here councillors pitts moe here bradley here woodrow here and patinary i'm here thank

33:48 you and i will call this regular session of the springfield city council wayne county board of commissioners to order roll call sorry i was trying to get to my mute i know this is our usual commissioner trigger here commissioner buck yeah commissioner bosovich here vice chair far here thank you chair bernie here all right uh please join me in the pledge of allegiance

34:34 i pledge allegiance allegiance to the flag of the united states america into the republic public for which which stands one nation nation under god indivisible with visible liberty thank you tonight the springfield and lane county elected officials are holding a joint public hearing to hear testimony on city-initiated amendments to the springfield floodplain overlay district lane county must co adopt any amendments to the springfield development code that apply to properties outside of the city limits as the flood plains of the mckinsey river a middle fork of the willamette river and various small streams are located both inside the city and outside of the city within springfield's urban

35:19 growth boundary the city council and the board of commissioners must adopt code amendments if you are here this evening and would like to speak about this action you will have the opportunity to raise your hand after the staff report and you will be called on to unmute yourself and speak i hereby open the public hearing on ordinance amending the springfield development code section 3.3400 floodplain over lay district regarding regulation of development sdc within the floodplain and amending sdc section 6.1-100 definitions adopting a severability and abbreviation clauses and providing an effective date and we will go through and have the city council declare any potential or actual conflicts of interest and i will start and then we

36:05 will go by words i do not have any conflicts of interest to declare i have no conflicts to declare i have no conflict of interest i have no conflict of interest to declare no conflict of interest to declare i have no conflicts of interest to declare nor do i very good then i'm going to turn it over to the county commissioner and i hereby open the public hearing for ordinance number 21-08 in the matter of amending lane code chapter 10 to co-adopt amendments to the floodplain overlay district of the

36:51 springfield development code for the urbanizing area between the city limits and urban growth boundary of the city of springfield and adopting a savings and severability clause file number 509-821-0587 and this time i will ask if any commissioners have any conflicts of interest or biases to declare i'm sorry dude i are you asking about public comment no we are i'm asking you to i didn't ask each commissioner whether they have a call i apologize sorry

37:36 commissioner trigger no conflict of interest commissioner buck ben commissioner bozovich none vice chair far no conflicts but i am biased toward the millers over the colds fair bernie no conflict and i share the vice chairs bias all right the order of proceedings for this hearing will be first the report by the staff followed by public testimony and then additional comments by the staff can we please have the staff report

38:22 good evening mayor and council board of county commissioners my name is sandy belson i'm the interim planning manager here to present on behalf of the city of springfield and we also have county representative rachel introduce yourself good evening commissioners and city council my name is rachel sterzlove a staff planner with lane county thank you sandy so i'm going to do an abbreviated version of what i presented for the work session so for those who are attending just for the public hearing tonight's public hearing regards the floodplain overlay district

39:08 and is being considered by both the city council and the county board of commissioners in a joint public hearing these are type four legislative amendments in that they affect the development code and apply broadly there are changes to section 3.3-4 the floodplain overlay district and then also changes to section 6.1-100 definitions it requires these amendments require approval by both bodies and uh the county board's decision will actually amend lane county code chapter 10 and i'll ask rachel to explain that further

39:58 thank you sandy yes the board is being asked to amend lane code chapter 10 to adopt amendments to springfield's development code specifically the floodplain development code for application within the urban growth boundary and outside of the city limits of springfield and lane county and the city of springfield entered into an intergov governmental agreement that springfield would regulate the construction and development outside of the city limits and within the urban growth boundary in 1986 and at that time lane county adopted the springfield development code for implementation within the springfield urban growth boundary and with updates to that development code lane county must also make amendments to lanco chapter 10.

40:44 thank you sandy so quick background the national flood insurance program was created by congress in 1968 and is administered by the federal emergency management agency the objectives are to ensure that buildings will be free from flood damage to prevent development from increasing flood damage on existing property and three to ensure natural and beneficial functions of floodplain are preserved by adopting the regulations as required by fema we are given access to the federally backed flood insurance to participate in

41:29 that flood insurance program so our residents and property owners can get that flood insurance it also ensures that spring build is eligible for federal disaster relief this map generally shows the areas of flood plain with the dark gray being the urban growth boundary so you can see here the mackenzie river and its associated floodplain and then on the south side of springfield we have the middle fork of the willamette river joining up with the coast fork through glenwood and so there's a floodplain with those and then there are some smaller streams such as the mill race the

42:14 channel six uh this floodplain area along highway 126 and two street so these regulations apply to any area that's within the hundred year flood plain which is a special flood hazard area and that's the area we have designated as the flood plain overlay zone there are no changes proposed to the fema floodplain maps at this time so therefore there are no changes to the floodplain overlay district boundaries we have not added any areas outside of the 100-year flood claim to our floodplain overlay district at this time the proposed amendments would apply to new construction and development to

43:00 substantial improvements and conversions from residential use to a non-residential use and vice versa these proposed amendments are based on the oregon model flood hazard management ordinance which went into effect on october 2020 so these changes rearrange reword and add sections to our floodplain overlay district and it moved uh definitions that had been in the general definitions section into the floodplain overlay district section so that all of the definitions relied upon in the floodplain regulations are referenced within that section in those definitions then there are also

43:45 some numbering and formatting changes so i'm just going to go over what the planning commission recommended be changed and these are areas that do go above and beyond the requirements of the model ordinance so for storage of environmentally hazardous materials which is not this we did not define hazardous materials in the code um but we are calling that's just the way i i put this heading on here to refer to the toxic material oil gasoline or any priority persistent pollutant identified by deq so these are the materials that we are regulating um and as required by

44:30 the model code those are not allowed in the pertinent structures unless they're in a tank pertinent structures are accessory structures that's how we usually call them um in other sections of our code the planning commission uh recommended to also apply this prohibition of these materials in crawl spaces if they were under the base flood elevation or in garages unless they are elevated one foot above the base flood elevation or in a tank the planning commission also recommended that we include a reference to the fire code in the

45:16 development code floodplain overlay district language so that there is a recognition that oh yeah flood code fire code also applies the other area that the planning commission recommended a higher standard is in regards to the rv park and rv storage facilities that the owner of these facilities be required to enter into an agreement with the city such that the rv park or rv storage area would be operated in compliance with floodplain regulations that prior to the flood season the manager will check that the rvs are

46:01 either fully licensed and ready for highway use or that they meet the anchoring and elevation requirements of a manufactured dwelling and which would mean that they've gotten a flood plain permit for that rv as a to show that they've met those anchoring and elevation requirements and that the rv and park or storage has an emergency plan that specifies how flood warnings will be received and how vehicles trailers and occupants will be safely evacuated in the event of a flood the approval criteria for these amendments come from lane code chapter 12 point well

46:47 12.300.030 i'm not really sure how you reference those and 10.315-20 and then springfield development code 5.6-115 [Music] a in reaching a decision on the adoption or amendment of refinement plans and this code's text the city council shall adopt findings that demonstrate conformance to the following the metro plan applicable state statutes and applicable statewide planning goals and administrative rules the findings showing compliance with these approval criteria are found in the staff report that would be attached to the adopting ordinance and with that i just want to stop sharing my

47:32 screen and talk a little bit about how we got to this point so the lane county um board and the city council are getting a recommendation from the springfield planning commission who held a public hearing back in september prior to that hearing we provided notice to all the property owners within the floodplain overlay district so that they knew about both hearings and then provided the general public notice in preparation for this public hearing we sent notice to all of the interested parties and provided the legal notice in the register guard and on our website we sent a media notice out that was carried by the chamber of commerce

48:17 springfield chamber of commerce and the chronicle thus far we have received one public comment that comment came from the springfield board of realtors today in letter form and their letter raises two issues of concern the first issue is and i'll read from their letter it is our understanding that the two feet of freeboard clearance mentioned in the draft is more than required for participation in the fema nfip the national flood insurance program so i want to address that in two ways one is that in areas where we have a base

49:03 flood elevation our existing requirement is that the lowest floor of a residence be elevated one foot above base flood elevation and we are not changing that and that is compliant with the model ordinance where i think and i don't know i didn't have time to clarify with the board of realtors since this just came in today but what i think they may have been looking at is the section of the code that applies to areas where we do not have a base flood elevation established and those would be the unnumbered a zones in that section there is a change from

49:48 what our current code says to what would be required with these adoption and that is that if we do not have a base flood elevation that in addition to being reasonably safe from flooding there must be at least a minimum two feet um elevation to that lowest floor above the adjacent grade so previously our code recommended that and said that if you don't elevate at least two feet from the adjacent grade your flood insurance may be higher but with the model code language you are now required to be at least two feet above

50:33 the highest adjacent grade and that is a requirement from the model code the second issue they raised concerns with is in terms of replacing existing mobile homes in mobile home parks and subdivisions and that again is a requirement of the model code so now and and this is a change so now uh if you replace a home it must be elevated as required that one actually we've changed how you measure the floodplain i'm sorry we change how we measure the distance instead of being the lowest florets to the chassis um from the that base flood

51:21 elevation that one foot above so under our current code if you're in an existing park or subdivision and there hasn't been substantial damage you could replace without having to meet the elevation requirements so this change is now requiring that higher elevation in compliance with the federal regulations that by elevating that replacement home that is helping to ensure that the new building is free from flood damage if we are in a situation where we actually do have a hundred year flood um rachel i want to give you a chance to say anything before we turn it over to

52:07 the mayor and chair for public comment i have nothing additional to add thank you sandy all right now is the time for public testimony you may use the raise hand feature and we'll call you call on you to unmute yourself and speak up and we'll need you to please state your name and mailing address or your part of the city for the record um and if you're interested please raise your hand mayor it does not appear we have any hands for this item okay so we're going to move on to the uh next part which is uh deliberations by

52:53 the council on board so possible follow-up questions or discussion before we close the hearing and record does anybody have any comments or discussion that they want to make all right i'm not seeing any so i'm going to go ahead and close the public hearing for the city of springfield there's one in every crowd i apologize every meeting and i will close the public hearing for the lane county board of commissioners and i will go ahead and close the record for the city of springfield

53:42 and i will close the public record for the lane county board of commissioners so this was the uh this ordinance will be back for adoption on january third twenty twenty two for the city of springfield and um ms chershlov and i will direct you and lane county staff to bring back ordinance for adoption as written um for adoption on february 8 2022. sandy yeah i just would say that um we would tend to incorporate this public comment and some response to that into the findings for the staff report so that that would be incorporated into uh

54:27 your ordinance for adoption on in in january so i just wanted to make sure that that was going to be okay and if there are any other issues that you have that we would address those um in any changes to the findings or the amendments oh different cities looks like something has triggered commissioner bozovich mayor do you want to take questions at this time or comments i i think we can go ahead and discuss if people got any issues commissioner go

55:13 ahead so we adopt this code as an ordinance so we should be moving to close the the record and approve the second reading of ordinance number 2108 and setting the third reading and for february 8th um in fact i will do that at this time if that's okay with you and that that will cover us legally because we as by ordinance we have to prove readings and let me commission you if i may um rachel we reviewed scripts does that mean with your approval yes that that is what should happen that's great thank you please

55:58 commissioner bozovich if you would so i'll move to close the public hearing and record for ordinance number 2108 and approve the second reading and set the third reading for february 8th 2022. i will second that okay commissioners it's been moved by commissioner bozovich to mr bosovich would you repeat the motion and seconded by vice chair far and then we'll vote basically move to close the record and approve the second reading and set the third reading for ordinance number 2108 for february thank you sir is there discussion amongst commissioners

56:43 seeing none all those in favor please uh signify by saying aye um well city council now you see how we know that motion's been approved unanimously five to zero mayor i think we can continue well i didn't want you to be alone um i'm gonna go that looks like the last part of our business so i'm gonna go in and adjourn the city council meeting and i will adjourn the meeting of the lane county board of commissioners thank you everyone thank you everybody have a good night