AGENDA ITEM SUMMARY. TITLE: Review City of Olympia Request for Consider Adoption of Ken Lake Interim Regulations at the Request of the City of Olympia

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1 AGENDA ITEM SUMMARY 1 TITLE: Review City of Olympia Request for Consider Adoption of Ken Lake Interim Regulations at the Request of the City of Olympia SUBMITTED BY: Scott Clark, x 3005 Contact: Jeremy Davis, x 7010 TYPE OF ACTION NEEDED: Executed Contract Pass Resolution Pass Ordinance Pass Motion X Other SUMMARYOF EFFECT ON THE BUDGET: Expenditures: 1. Additional Expenditures... $ An Increase in Ending Fund Balance... $0.00 Total Increase in Expenditure Authority... $0.00 Financed By: 1. Additional Revenues... $ A Decrease in Ending Fund Balance... $0.00 Total Financing Sources... $0.00 AGENDA ITEM NO. DEPT. OF ORIGIN: Planning Department DATE SUBMITTED: November 24, 2010 FOR AGENDA OF: December 7, 2010 CLASS OF ITEM: Consent: Timed: Department: X LIST OF EXHIBITS: - Maps - City of Olympia Request Letter - Draft Interim Ordinance - Public Hearing Notice CLEARANCE OF OTHER DEPT. Prosecutor s Office X Financial Services Human Resources Budget Office ACAO Other (if applicable) Summary Statement: Please see the next page for the summary statement. RECOMMENDED ACTION: Staff recommends the Board of County Commissioners approve an ordinance adopting interim regulations for the area northwest of Ken Lake in the unincorporated City of Olympia UGA for a period of twelve months.

2 2 Summary Statement: On October 5, 2010, the City of Olympia passed Ordinance No which changed the zoning for approximately 80 acres 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). On October 22, 2010, City of Olympia Mayor Doug Mah sent the attached letter requesting the County take the same action for adjacent property, and work with the City to address land use, zoning and drainage issues in the Ken Lake Drainage Basin. This letter was received by the County on November 2, On November 16, 2010, the City Council held a public hearing. Following the hearing, the City Council reaffirmed Ordinance No and extended the duration to twelve (12) months. The affected area is generally bounded by Highway 101 to the north, the Olympia UGA boundary to the west, and the Olympia City limits to the south and east. The only access to this area is from Kaiser Road over Highway 101. Because of the differences between the City of Olympia standards for the RLI 2-4 zoning district and Thurston County s RLI 2-4 zoning district, staff is recommending that the Board also adopt the impervious surface standards for the Residential One Unit per Five Acres (R1-5) (Title 23 TCC) designation for the study area. The attached interim ordinance would rezone the residentially zoned area bounded by Highway 101 to the north, the Olympia UGA boundary to the west, and the Olympia City limits to the south and east from Residential Four Units per Acre (R-4) to Residential Low Impact Two to Four Units per Acre (RLI 2-4), and impose the impervious surface standards of the Residential One Unit per Five Acres (Title 23) zoning district. Analysis: The area in question was designated R-4 in This designation was intended to address special environmental constraints and prevent stormwater related problems by limiting density and restricting impervious surfaces to 35% of each lot. There are no other special stormwater related requirements associated with the zoning district. There is no minimum density. The RLI 2-4 and Residential One Unit per Five Acres (R1-5) (Title 23 TCC)designations were approved in 2001 as a follow-up to the Green Cove Creek Drainage Basin Plan to address special environmental constraints and stormwater related issues in the drainage basin. In the unincorporated portion of the Olympia UGA, the RLI 2-4 designation was primarily applied to lots already developed at urban densities. Lots with five or more acres and some smaller lots were designated R 1-5. The impervious surface standards in the RLI 2-4 district are different in the City of Olympia Development Code when compared to the County s RLI 2-4 district. The City allows up to 2,500 square feet of impervious surface coverage whereas the County allows up to 45% of each individual lot to be covered by impervious surfaces irrespective of lot size. The impervious surface and building coverage standards for the R 1-5 district are determined by lot size, and accommodate larger lots. The southern portion of the subject area is already developed with large lot single family homes. The northern portion of the area consists of larger lots ranging in size from 1.1 acres to 21.6 acres. It is recommended that the impervious surface limits in the R 1-5 district be used in lieu of the County s RLI impervious surface and building coverage standards due to these larger lots. Comprehensive Plan Docket: In order to accommodate the initial timeline of 6-12 months outlined by the City, the Official Docket of Comprehensive Plan Amendments would need to be amended to add an item addressing the Ken Lake area. The City of Olympia is also adding an item to their docket. In order to amend the docket, the County must follow the process outlined in Chapter 2.05 TCC which requires a written 20-day public comment period.

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4 13TH AVE SW Page 4 Page 4 5TH AVE NW COURTSIDE ST SW ALTA 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 Page 4 Page 4

5 DELPHI RD SW 13TH AVE SW Page 5 Page 5 KENYON ST SW 5TH AVE NW ALTA ST SW CAPITAL MALL DR SW COOPER PT RD SW BYWOOD PL SW CEDAR LN SW ARCHWOOD DR SW 12TH AVE SW 12TH CT SW BLACK LAKE BLVD SW US 101 ACCESS KEN LAKE DR SW US 101 MOTTMAN RD SW 5TH AVE NW YAUGER WAY SW COURTSIDE ST SW YAUGER WAY NW LAKEMOOR LP SW KEN CAMDEN PARK DR SW 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 MCPHEE RD SW 5TH WAY SW ROSEWOOD DR SW GREENWOOD DR SW EVERGREEN PKWY SB ONRAMP 7TH AVE SW MCPHEE RD NW MEADOWWOOD DR SW COOPER PT LP NW SANDALWOOD DR SW US 101 ACCESS KAISER RD SW LAKEMOOR PL SW LAKEMOOR DR SW ² Miles MUD BAY RD NW ALLISON SPRINGS LN SW US 101 R 1/10 Ken Lake Study Area Zoning Thurston County Planning Department Map Created on 17 Nov jkb NV R-4 R-4-8 PO/RM LI-C RRR 1/5 R-4 R-4-8 Thurston County Zoning City of Olympia Zoning R 1/10 - Rural 1/10 RRR 1/5 - Rural Residential Resource 1/5 R-4 - Single Family Residential 4 Units per Acre LI-C - Light Industrial Commercial Ken Lake Study Area City R-4 RLI - Residential Low Impact R-4 Single Family Residential 4 Units per Acre R Residential 4-8 Units per Acre R Residential 6-12 Units per Acre MR Mixed Residential Units per Acre RM-18 Residential Multifamily 18 Units per Acre RM-24 Residential Multifamily 24 Units per Acre AS - Auto Services UGA Boundary MS PO/RM RM-24 NV - Neighborhood Village NR - Neighborhood Retail PO/RM - Professional Office/Residential GC - General Commercial HDC - High Density Corridor LI - Light Industrial MS - Medical Service HDC GC GC RM-18 PO/RM LI Page 5 Page 5

6 7TH AVE SW 13TH AVE SW Page 6 Page 6 4TH AVE SW KENYON ST SW CAPITAL MALL DR SW ORCHARD ST SW 12TH CT SW CARRIAGE LP SW 21ST AVE SW US 101 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. COOPER PT RD SW ALTA ST SW BYWOOD PL SW ARCHWOOD DR SW CEDAR LN SW 12TH AVE SW SOUTH THISTLE LN SW US 101 ACCESS BLACK LAKE BLVD SW CAMDEN PARK DR SW KEN LAKE DR SW MOTTMAN RD SW BLACK HILLS LN SW YAUGER WAY SW 5TH AVE NW 6TH AVE SW YAUGER WAY NW LAKEMOOR LP SW LAKEMOOR DR SW MCPHEE RD SW MCPHEE RD NW LAKEMOOR PL SW US 101 RIMROCK CT SW PARK DR SW GREENWOOD DR SW MUD BAY RD NW CHERRYWOOD DR SW KAISER RD SW ROSEWOOD DR SW MEADOWWOOD DR SW SANDALWOOD DR SW US 101 ACCESS EVERGREEN PKWY SB ONRAMP ² Miles ALLISON SPRINGS LN SW DELPHI RD SW Ken Lake Study Area 2009 Aerial Photo Thurston County Planning Department Map Created on 17 Nov jkb Ken Lake Study Area City UGA Boundary LLOYD RD SW Page 6 Page 6

7 Page 7 Page 7 October 22, 2010 City of Olympia Request Letter Page 7 Page 7

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14 Page 14 Page 14 Draft Interim Ordinance Page 14 Page 14

15 Page 15 Page 15 ORDINANCE NO. AN ORDINANCE ADOPTING INTERIM REGULATIONS AND AMENDING THE OFFICIAL ZONING MAP FOR THURSTON COUNTY, WASHINGTON FOR THE KEN LAKE AREA IN THE UNINCORPORATED CITY OF OLYMPIA URBAN GROWTH AREA, ESTABLISHING A ONE (1) YEAR WORK PLAN TO STUDY LAND USE AND ENVIRONMENTAL ISSUES, AND TO DETERMINE FINAL APPROPRIATE REGULATIONS AND ZONING. 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 must hold a public hearing on an interim zoning control within sixty (60) days of its adoption; 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 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 has 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 held a public hearing on November 16, 2010 to take public testimony on Ordinance No. 6718; and 1 Page 15 Page 15

16 Page 16 Page 16 WHEREAS, following the public hearing, the Olympia City Council reaffirmed the interim zoning controls and extended the effective time of Ordinance No from six (6) to twelve (12) months; and WHEREAS, a solution to the issues for the area around Ken Lake will likely include an amendment to the Comprehensive Plan for the City of Olympia and the Olympia Urban Growth Area which has been adopted by Thurston County into the Thurston County Comprehensive Plan to serve as the joint comprehensive plan for the unincorporated City of Olympia Urban Growth Area; and WHEREAS, the Board approved the Official Docket of Comprehensive Plan Amendments on September 28, 2010, with an expected project completion date in June 2011 or soon thereafter; and WHEREAS, this issue is not currently on the Official Docket of Comprehensive Plan Amendments, and the Board will either have to amend the docket or wait until the next docket cycle; and WHEREAS, Chapter 36.70A RCW only permits Thurston County to amend the Thurston County Comprehensive Plan once per year in consideration of all proposed amendments to the plan, and the June 2011 completion date for the comprehensive plan work program is longer than six months away; and WHEREAS, at the request of the City of Olympia, the Board has determined that in order to solve this issue in a timely manner, there is a need to reopen the Official Docket of Comprehensive Plan Amendments to consider adding this issue to its work program; and WHEREAS, the interim zoning controls will remain in place for one (1) year while the County works with the City of Olympia, its citizens and interested parties to devise appropriate measures to address the environmental concerns; and WHEREAS, it is the intent of the Board to lift the interim zoning controls following the completion of the work; and WHEREAS, the Residential Low Impact Two to Four Units per Acre (RLI 2-4) land use designation was added to the Comprehensive Plan for the City of Olympia and the Olympia Urban Growth Area by Thurston County with the adoption of Resolution No in 2001 to address issues for the Green Cove Creek drainage basin for the reasons state therein; and WHEREAS, the RLI 2-4 zoning district was added to the Olympia UGA Zoning Ordinance (Title 23 TCC) in the Thurston County Code with the adoption of Ordinance No in 2001 to implement Resolution No for the reasons stated therein; and WHEREAS, the RLI 2-4 district was designed to address sensitive environmental issues and drainage issues in the Green Cove Creek Drainage Basin; and 2 Page 16 Page 16

17 Page 17 Page 17 WHEREAS, the RLI 2-4 district was primarily applied to areas already developed at urban densities in the unincorporated portion of the City of Olympia UGA, and not primarily to undeveloped lots; and WHEREAS, the Residential One Unit per Five Acres (R 5) district was applied to properties in the Green Cove Basin in the unincorporated Olympia UGA not developed at urban densities with separate impervious surface limits dependant on lot size, including larger lots; and WHEREAS, the impervious surface limitations and building coverage limitations for the RLI 2-4 district in the unincorporated portion of the Olympia UGA far exceed the same limits in the same zoning district in the City of Olympia for a single family lot and for lots developed at rural densities; and WHEREAS, the City of Olympia adopted the RLI 2-4 district because of the impervious surface limit of 2,500 square feet and the associated tree retention standard; and WHEREAS, much of the Ken Lake Study Area in the unincorporated portion of the Olympia UGA consists of residential development currently at rural densities; and WHEREAS, the Board finds it necessary to apply the maximum building coverage and impervious surface coverage of the R-5 district in the Ken Lake Study Area; and WHEREAS, the City of Olympia has determined that there are also sensitive environmental and drainage issues in the Ken Lake drainage basin; 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 is not placed 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. Amendment to Thurston County Zoning Map. The Official Olympia UGA Zoning Map (Section TCC) as shown on the Official Zoning Map Thurston County Washington, North County Urban Growth Areas is hereby amended to change the zoning for the Ken Lake Study Area from Residential Four Units per Acre (R-4) (Section (B)(3) 3 Page 17 Page 17

18 Page 18 Page 18 TCC) to Residential Low Impact Two to Four Units per Acre (Section (B)(2) TCC) as shown on the map in Attachment A. Section 2. Impervious Surface Standards. The impervious surface standards for properties in the Ken Lake Study Area as shown on the map in Attachment A shall have the same impervious surface standards as the Residential One Unit per Five Acre (Section (B)(1) TCC) zoning district in the Olympia UGA. Section 3. Amendment to Official Docket. Thurston County shall reopen its Official Docket of Comprehensive Plan Amendments to consider the addition of one item to include reconsideration of zoning and other land use controls for the Ken Lake Drainage Basin. Section 4. Duration. This ordinance shall expire twelve (12) months after the effective date of this ordinance, or earlier by Board action. Section 5. 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 6. Effective Date. This Ordinance shall take effect immediately upon adoption. ADOPTED: ATTEST: Clerk of the Board APPROVED AS TO FORM: EDWARD G. HOLM PROSECUTING ATTORNEY Jeffrey G. Fancher Deputy Prosecuting Attorney BOARD OF COUNTY COMMISSIONERS Thurston County, Washington Chair Vice-Chair Commissioner 4 Page 18 Page 18

19 13TH AVE SW Page 19 Page 19 5TH AVE NW COURTSIDE ST SW ALTA 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 Page 19 Page 19