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
• utside critical/hazard areas and

buffers is of sufficient size to contain all structures/appurtenances (5,000 SF if

• n 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

• rdinary high water mark

100-year flood plains Submerged land of lakes (all zoning districts)

Innovative Technique Example 1

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 Number of Allowed Lots Without Technique: 8 With Technique: 6 Density Reduction: 25% Critical Areas: 6 Acres 40 Acre Parcel

Innovative Technique Example 2

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 Number of Allowed Lots Without Technique: 8 With Technique: 3 Density Reduction: 63% Critical Areas: 25 Acres 40 Acre Parcel

Innovative Technique Example 3

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 Number of Allowed Lots Without Technique: 8 With Technique: 1 Density Reduction: 87% Wetland: 30 Acres 40 Acre Parcel Landslide Area: 3 Acres

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

• wners

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

• fficer

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

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Questions?

www.thurstonplanning.org

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