Lake on October 5, 2010 with the intention of working with Thurston County, the City of Tumwater, and other interested parties on surrounding areas

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1 ORDINANCE NO. AN ORDINANCE EXTENDING INTERIM REGULATIONS THAT AMENDED THE OFFICIAL ZONING MAP FOR THURSTON COUNTY, WASHINGTON FOR THE KEN LAKE AREA IN THE UNINCORPORATED CITY OF OLYMPIA URBAN GROWTH AREA. WHEREAS, Ordinance No was approved by the Board of County Commissioners (Board) on December 7, 2010; and WHEREAS, Ordinance No was approved by the Board on November 14, 2011, effective December 7, 2011, which renewed Ordinance No for six months; and WHEREAS, Ordinance No was approved by the Board on May 22, 2012, effective June 7, 2012, which renewed Ordinance No for six months; and WHEREAS, Ordinance No was approved by the Board on November 8, 2012, effective December 7, 2012, which renewed Ordinance No for six months; and WHEREAS, Ordinance No was approved by the Board on June 4, 2013, effective June 7, 2013, which renewed Ordinance No for six months; and WHEREAS, Ordinance No amended the Official Olympia UGA Zoning Map (Section TCC) as shown on the Official Zoning Map Thurston County Washington, North County Urban Growth Areas is to change the zoning for the Ken Lake Study Area from Residential Four Units per Acre (R-4) (Chapter TCC) to Residential Low Impact Two to Four Units per Acre (Chapter TCC) as shown on the map in Attachment A of this ordinance; and WHEREAS, Ordinance No also changed the impervious surface standards for properties in the Ken Lake Study Area as shown on the map in Attachment A to have the same impervious surface standards as the Residential One Unit per Five Acre (Chapter TCC) zoning district in the Olympia UGA; and WHEREAS, pursuant to RCW 36.70A.390 and other lawful authority, the Board of Thurston County Commissioners (Board) has the authority to enact interim zoning controls; and WHEREAS, pursuant to RCW 36.70A.390 the Board may extend interim regulations for a period of six (6) months following a duly notified public hearing; and WHEREAS, due to environmental concerns, including drainage issues related to increased development uphill of Ken Lake, the Board finds additional investigation is warranted; and WHEREAS, the Thurston County, County-Wide Planning Policies agreed to by Thurston County and each of the seven cities and towns within Thurston County on September 8, 1992, as amended, requires that Thurston County consult with each of the seven cities and towns and act in tandem with the affected city(s) when establishing land use and development policies within a city s respective UGA; and WHEREAS, the City of Olympia passed Ordinance No for the reasons stated therein establishing interim zoning controls for the undeveloped upland area to the west of Ken 1

2 Lake on October 5, 2010 with the intention of working with Thurston County, the City of Tumwater, and other interested parties on surrounding areas that also impact Ken Lake; and WHEREAS, City of Olympia Ordinance No changed the zoning on an interim basis for the undeveloped area in the city to the west of Ken Lake from Residential Four Units per Acre (R-4) to Residential Low Impact Two to Four Units per Acre (RLI 2-4), and applied the Green Cove Creek tree retention standards in the Olympia Municipal Code ( ) to the same area; and WHEREAS, the City of Olympia requested that Thurston County follow suit with the same interim zoning controls for the area north and west of Ken Lake between the city boundary, the UGA boundary and Highway 101 that is zoned R-4; and WHEREAS, the City of Olympia extended Ordinance No with Ordinance No on September 13, 2011 unanimously; and WHEREAS, the City of Olympia amended the Comprehensive Plan for the City of Olympia and its Urban Growth Area, effective January 1, 2012, to permanently change the zoning to RLI 2-4 units per acre; and WHEREAS, the County is working to consider permanently amending the comprehensive plan and zoning map in the same manner as the City in 2013; and WHEREAS, the County Planning Commission has held two work sessions to consider the proposed amendment, and is expected to forward a recommendation to the Board of County Commissioners in the Winter of 2013 to be considered with the County s annual Comprehensive Plan Amendment; and WHEREAS, the annual Comprehensive Plan Amendment is expected to be completed in February of 2014; and WHEREAS, it is the intent of the Board to lift the interim zoning controls following the completion of the work; and WHEREAS, the proposed interim zoning control would ensure sufficient regulation during the period of time necessary to study the issues and work with the City of Olympia on a permanent solution; and WHEREAS, if the area as indicated on the attached map does not continue under interim zoning controls, it has the potential to be developed at densities which could lead to potential drainage and flooding issues, and could foreclose viable options for addressing the environmental concerns indicated above; and WHEREAS, the Board believes adopting the interim zoning controls is necessary for the preservation of the public health, safety, and general welfare of Thurston County residents in the Ken Lake area of the City of Olympia Urban Growth Area. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THURSTON COUNTY, AS FOLLOWS: Section 1. Ordinance No Renewed. Ordinance No is hereby renewed. Ordinance No amended the Official Olympia UGA Zoning Map (Section TCC) as shown on the Official Zoning Map Thurston County Washington, North County Urban Growth Areas to change the zoning for the Ken Lake Study Area from Residential Four Units per Acre (R-4) 2

3 (Chapter TCC) to Residential Low Impact Two to Four Units per Acre (Chapter TCC) as shown on the map in Attachment A. Ordinance No also changed the impervious surface standards for properties in the Ken Lake Study Area as shown on the map in Attachment A to have the same impervious surface standards as the Residential One Unit per Five Acre (Chapter TCC) zoning district in the Olympia UGA. Section 2. Duration. This ordinance shall expire six (6) months after the effective date, or earlier by Board action. Section 3. Severability. If any section, subsection, sentence, clause, phrase or other portion of this Ordinance or its application to any person is, for any reason, declared invalid, illegal or unconstitutional in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof. Section 4. Effective Date. This Ordinance shall take effect December 7, 2013, the expiration of Ordinance No ADOPTED: ATTEST: Clerk of the Board APPROVED AS TO FORM: JON TUNHEIM PROSECUTING ATTORNEY Jeffrey G. Fancher Deputy Prosecuting Attorney BOARD OF COUNTY COMMISSIONERS Thurston County, Washington Chair Vice-Chair Commissioner 3

13TH AVE SW 5TH AVE NW UNNAMED CI DRWY ALTA ST SW UNNAMED CI DRWY COURTSIDE ST SW CAPITAL MALL DR SW COOPER PT RD SW BYWOOD PL SW CEDAR LN SW ARCHWOOD DR SW MELANIE LP SW 12TH AVE SW CATALPA CT SW

4 13TH AVE SW 5TH AVE NW UNNAMED CI DRWY ALTA ST SW UNNAMED CI DRWY COURTSIDE ST SW CAPITAL MALL DR SW COOPER PT RD SW BYWOOD PL SW CEDAR LN SW ARCHWOOD DR SW MELANIE LP SW 12TH AVE SW CATALPA CT SW EUCALYPTUS WAY SW US 101 ACCESS BLACK LAKE BLVD SW CAMDEN PARK DR SW CEDARBURY LN SW KEN LAKE DR SW LAKEMOOR CIR SW MOTTMAN RD SW 21ST AVE SW YAUGER WAY SW MCPHEE RD SW YAUGER WAY NW MCPHEE RD NW LAKEMOOR LP SW KEN LAKE Thurston County makes every effort to ensure that this map is a true and accurate representation of the work of County Government. However, the county and all related personnel make no warranty, express or implied, regarding the accuracy, completeness or convenience of any information disclosed on this map. Nor does the County accept liability for any damage or injury caused by the use of this map. To the fullest extent permissible pursuant to applicable law, Thurston County disclaims all warranties, express or implied, including, but not limited to implied warranties of merchantability, data fitness for a particular purpose, and non-infringements of proprietary rights. Under no circumstances, including, but not limited to negligence, shall Thurston County be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, Thurston County materials. CAMBRIDGE LN SW PARK DR SW COOPER PT LP NW LAKEMOOR PL SW LAKEMOOR DR SW 5TH WAY SW GREENWOOD DR SW EVERGREEN PKWY NW 7TH AVE SW US 101 ACCESS EVERGREEN PKWY SB ONRAMP US 101 KAISER RD SW Miles DELPHI RD SW US 101 Ken Lake Study Area Interim Zoning Thurston County Planning Department Map Created on 17 Nov jkb ² Ken Lake Study Area City UGA Boundary

5 NOTICE OF PUBLIC HEARING FOR THE THURSTON COUNTY BOARD OF COUNTY COMMISSIONERS The Thurston County Board of County Commissioners (Board) will hold two public hearings on October 23, 2013 at 6:00 p.m., or soon thereafter, in Room 280, Building 1 of the Thurston County Courthouse Complex, 2000 Lakeridge Dr. SW, Olympia, WA The first public hearing is to take public testimony on the renewal of Ordinance No , which established interim development regulations for the unincorporated area in the Olympia UGA northwest of Ken Lake. The interim regulations changed the zoning from Residential Four Units per Acre (R-4) to Residential Low Impact Two to Four Units per Acre (RLI 2-4) and adjusted impervious surface standards because of groundwater and flooding concerns in the Ken Lake Basin. The area is bounded by the UGA boundary and Kaiser Road to the west, Highway 101 to the north, and the City of Olympia boundaries to the east and south. The second public hearing is to accept public comment on amendments to Thurston County s updated Critical Areas Ordinance (CAO) (Title 24 of the Thurston County Code (TCC)) and Agricultural Activities CAO (Chapter TCC) adopted in Critical areas include wetlands, critical aquifer recharge areas, geologically hazardous areas, flood, seismic and volcanic hazard areas, and fish and wildlife habitat conservation areas, which include threatened and endangered species, sensitive habitats, and species of local importance. Proposed changes include: 1) Amending Chapter TCC to change references to agricultural uses and lands to agricultural activities, adding regulations governing single-family residences related to agricultural activities identical to previous regulations in Chapter TCC, amending references to Chapter in all sections of the TCC to change the name from the Agricultural Uses and Lands CAO to the Agricultural Activities CAO. 2) Amending the Critical Area Review Permit regulations in Title 24 TCC to allow the review to be combined with other reviews. 3) Make text and reference corrections. 4) Changes to Title 24 TCC clarifying issues and questions that have arisen in the implementation of the new regulations

6 including, landslide hazard areas, flood regulations, existing lots and nonconforming uses, and replacing manufactured homes. The Board of County Commissioners may amend any section of the proposal prior to, and following the public hearing. Changes may warrant additional public comment and review as required by RCW 36.70A.035. The Board of County Commissioners may take action after the public hearing. Further information can be obtained by calling Jeremy Davis at (360) extension 7010, or by at Hard copies of referenced documents and zoning information are available at the Thurston County Resource Stewardship Department, Permit Assistance Center, 2000 Lakeridge Drive SE, Olympia, Washington and online at the Thurston County Planning Department Website Those wishing to testify should appear and be heard. If unable to attend, written comments may be submitted by by October 23, 2013 by 4:00 P.M. to the staff contact(s) listed above, or by mail to Planning Department, 2000 Lakeridge Drive SW, Olympia, Washington, If you need special accommodations to participate in this meeting, call (360) and ask for the ADA Coordinator. Citizens with hearing impairments may call the TDD line at (360) DO NOT PUBLISH BELOW THIS LINE Publish September 26, 2013 La Bonita Bowmar, Clerk of the Board

Thurston County Planning Department PUBLIC HEARING DRAFT. AMENDMENTS TO THE CRITICAL AREAS REGULATIONS Chapter /18/2011 GENERAL PROVISIONS

Thurston County Planning Department PUBLIC HEARING DRAFT AMENDMENTS TO THE CRITICAL AREAS REGULATIONS Chapter 24.01 11/18/2011 Chapter 24.01 GENERAL PROVISIONS GENERAL PROVISIONS Sections: 24.01.005 Short