Critical Areas Ordinance Update Supporting Chapters Scott Clark - PowerPoint PPT Presentation

Critical Areas Ordinance Update – Supporting Chapters Scott Clark Cynthia Wilson Jeremy Davis Andrew Deffobis Thurston County Planning March 2, 2011

CAO Update – Status Work continues on draft ordinance, BAS report Drafts completed for: 24.01 General Provisions 24.03 Definitions 24.30 Wetlands 24.50 Nonconforming Structures, Lots, Uses 24.55 Subdivision 24.60 Signs and Fencing 24.70 Sureties 24.90 Emergency Authorization 24.91 Amendments 24.92 Enforcement, Violations and Penalties

For tonight’s meeting: 24.01 General Provisions 24.55 Subdivision 24.60 Signs and Fencing 24.70 Sureties 24.90 Emergency Authorization 24.91 Amendments 24.92 Enforcement, Violations and Penalties

24.01 General Provisions Introductory information for CAO, establishes overall purposes (e.g., minimize loss of life/property, maintain water quality, protect critical areas, implement GMA) Designates critical areas Interpretations – provides clarification on various issues General requirements

24.01 General Provisions Interpretations – RS Director resolves questions of interpretation, may permit activities not specifically referenced in CAO – In case of conflict, most restrictive provision applies (density requirements may be waived to protect critical areas) – Field conditions vs. mapped critical areas – Mapped critical areas. vs. text – The words “must” and “shall” denote mandatory requirements

24.01 General Provisions General requirements – Must first avoid impacts, or minimize – No net loss of critical area function – Property assessment relief

24.55 Subdivision in Critical Areas Establishes provisions for subdividing property containing critical areas Generally, lots partially within critical areas/buffers may be subdivided, subject to standards – Must have suitable buildable area outside critical area and buffer – Exceptions: CARAs, erosion, volcanic, mine, seismic hazard areas

24.55 Subdivision in Critical Areas

24.55 Subdivision in Critical Areas May subdivide when a portion of property is within critical areas, provided: • A contiguous portion of each lot outside critical/hazard areas and buffers is of sufficient size to contain all structures/appurtenances (5,000 SF if on sewer, minimum required by Envi. Health if served by septic • Subdivision must be designed to minimize flood damage without new structural flood protection; not exacerbate geologic hazards • Critical/hazard areas and buffers must be identified on plat map • Does not include other zoning/density and subdivision requirements of Thurston County Code All development is subject to all applicable County standards.

Approved 2007 Innovative Technique Adopted in 2007 to provide for a variety of rural densities as required by the GMA The Innovative Technique affects approximately 26,500 parcels totaling 183,500 acres zoned RRR 1/5 & RR 1/5 Approximately 44,004 acres of critical areas may be excluded Specific effects of the Technique are assessed on a site by site basis as are critical areas The Innovative Technique does not change the zoning for areas of the County zoned RRR 1/5 or Rural Residential One Unit per Five Acres Figures are current as of 2009 and include mapped critical areas on Thurston County Geo Data

Approved 2007 Innovative Technique Acreage with critical areas area subtractedfrom the parcel acreage before calculating the allowed density and/or the allowed number of lots. The area for the following critical areas are subtracted: High groundwater hazard areas Wetlands marine bluff hazard areas to the top of the bluff and landslide hazard areas Rivers, streams and marine shorelines up to the ordinary high water mark 100-year flood plains Submerged land of lakes (all zoning districts)

Innovative Technique Example 1 Critical Areas: Number of Allowed Lots 6 Without Technique: 8 Acres With Technique: 6 40 Acre Density Reduction: 25% Parcel Innovative Technique Density Calculation Property Size in Acres: 40 Acreage in wetlands: 5 Acreage in 100-year flood plain: 1 Acres of critical areas subject to Innovative Technique: 6 Acres used for density calculation: 34

Innovative Technique Example 2 Critical Areas: Number of Allowed Lots 25 Without Technique: 8 Acres With Technique: 3 Density Reduction: 63% 40 Acre Parcel Innovative Technique Density Calculation Property Size in Acres: 40 Acreage in wetlands: 20 Acreage in 100-year flood plain: 5 Acres of critical areas subject to Innovative Technique: 25 Acres used for density calculation: 15

Innovative Technique Example 3 40 Acre Wetland: Parcel Number of Allowed Lots 30 Without Technique: 8 Acres With Technique: 1 Density Reduction: 87% Landslide Area: 3 Acres Innovative Technique Density Calculation Property Size in Acres: 40 Acreage in wetlands: 30 Landslide Hazard Area: 3 Acres of critical areas subject to Innovative Technique: 33 Acres used for density calculation: 7

24.60 Critical Area Signs and Fencing Signs and fencing may be necessary to mark the boundaries of certain critical areas Allowed signs include interpretive signage, street signs, critical area ID signs, survey markers/ monuments Signs required within wetlands, FWHCAs, landslide hazard areas, marine bluffs and their buffers

24.60 Critical Area Signs and Fencing Required signs must be located where lot lines intersect with buffers, at corners where buffer makes a change of direction, and not less than every three hundred feet Example of sign text: (Critical Area) Do Not Disturb Contact the Thurston County Resource Stewardship Department Regarding Uses and Restrictions

24.60 Critical Area Signs and Fencing Fences permitted along outer boundary of wetland buffer or important habitat area/buffer – Approval authority may allow fencing along property lines – Fencing can encroach on wetlands/habitat and buffers along perimeter of lawful development Fencing may be required when adjoining uses threaten wetland, habitat or buffer functions Signs and fences must be designed and placed to minimize impacts to wetlands, wildlife habitat, wildlife travel

Signs

Fencing

24.70 Surety Agreements Establishes financial surety requirements for improvements req’d by CAO Allows applicants to provide financial surety in lieu of completion of permit conditions Proposed amount is 125% cost of installation, incl. materials and labor Allows county to use surety to complete work if applicant fails to do so

24.90 Emergency Authorization Establishes standards for emergency actions in critical areas Allows emergency response to proceed prior to authorization (e.g., during declared/other emergencies) Emergency constituted by threat to human life, primary structures, utilities, environmental quality, habitat

24.91 Amendments Describes processes for amending CAO in future Text/map amendments may be initiated by BOCC, Planning Commission, Director (maps) Text amendments subject to Growth Management Public Participation (Chapter 2.05 TCC) Requires maps to be updated periodically by Director Notice of map amendment sent in writing to property owners Amendments must be consistent with GMA, Comp Plan and purposes of CAO

24.92 Enforcement, Violations, Penalties Establishes means to enforce CAO and prevent violations Establishes Director as enforcement officer Lays out actions that may be taken (e.g., stop work orders, restoration orders, civil infraction, restraining orders)

Next Steps Continue draft release, including: – Critical Area chapters Critical Aquifer Recharge Areas Geologic Hazards Frequently Flooded Areas Fish and Wildlife Habitat Conservation Areas – Special Reports – Critical Area Permit Continue Planning Commission discussions 24

Questions? www.thurstonplanning.org 25