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HomeMy WebLinkAbout68-98 - Ord. Extending Ord. 23-98 Interim Measure Prohibiting New Construction in Skokomish River Valley ORDINANCE NUMBER 98 IN THE MATTER OF: Enacting an extension to and amendment of Ordinance No. 23-9 8, under the authority of Chapters 36.70 and 3 6.70A RCW. WHEREAS, Mason County Resolution No. 113-97 was enacted as an interim measure to prohibit all new construction in the Skokomish River Valley where there was a threat to life and property due to a potential river avulsion, and the areas safe from such an avulsion had not been determined; and WHEREAS, the Mason County Interim Resource Ordinance No. 77-93 was adopted on August 3, 1993, and has since been amended; and WHEREAS, said ordinance was appealed to the Western Washington Growth Management Hearings Board as provided in the Growth Management Act; and WHEREAS, said ordinance was found not to be in compliance with the Growth Management Act and remanded to Mason County for compliance by orders of the Growth Management Hearings Board, Case No. 95-2-0073; and WHEREAS, Mason County has adopted recent amendments to the ordinance to bring it into compliance with the Growth Management Act, but the petitioners involved in the appeal continue to be concerned that the amendments do not fully comply with the Growth Management Act; and WHEREAS, Mason County and the petitioners wish to resolve the remaining issues through discussions, if possible, but that in order to do this, the petitioners found that certain immediate actions should be implemented by the county to protect resources and critical areas during the period prior to resolution of the issues; and WHEREAS, Mason County agreed to take those actions on an interim basis so that there was no dispute between the parties of the agreement that adequate regulations were in place to protect the resources and critical areas until further investigation and analysis can be completed, and took action by adopting Ordinance 23-98; and WHEREAS, said ordinance expires June 23, 1998: NOW, THEREFORE,BE IT HEREBY ORDAINED, that the Board of Commissioners of Mason County hereby: 1) Extends and amends Resolution No. 113-97 for six months, until December 23, 1998, as follows: a) For the detailed study area: (i) The"detailed study area" is defined as: That area in the Skokomish River Valley within the 100 year flood plain and within the study area of the Skokomish River Comprehensive Flood Hazard Management Plan, dated February 1997, and as delineated on the Flood Insurance Rate Map 530115 0180D dated September 30, 1997, or as amended. A map delineating this area is attached hereto as"Exhibit A." (ii) Within the detailed study area the following regulations shall apply: (a)Construction of any new structure, as defined in Flood Damage Prevention Ordinance #59-91, shall not be allowed. Reconstruction shall be allowed pursuant to all applicable regulations and.the following condition: The area of the footprint of the structure following reconstruction shall be no greater than the areas of footprints prior to reconstruction. A footprint is defined as the total area of the first floor of a structure, regardless of how the structure is supported. (b) Except that, new or reconstructed non-residential structures may be allowed in areas where the existing site elevation is no more than 2 feet below the base flood elevation, and provided that the site is not within.the Zone 1A area established in the attached map, "Exhibit C." b) For the upstream area. (i) The"upstream area" is defined as: The 100 year (Zone A) flood plain of Vance Creek and tributaries, and South Fork Skokomish River and tributaries within Sections 1,2,3,4,9,10,11,12, and 13, Township 21 N., Range 5 W, W.M., as delineated on Flood Insurance Rate Map 530115 0175 D dated September 30, 1997, or as amended, and the 100 year Zone A floodplain of the Skokomish River system as delineated on the Flood Insurance Rate Map 530115 0180 D lying upstream of the detailed study area. Maps delineating this area are attached hereto as "Exhibit N' and"Exhibit B." (ii)Within the upstream area the following regulations apply: The moratorium which was established by Resolution 113-97 and continued by ordinance 23-98 is hereby continued, except that existing property owners as of the date of adoption of this ordinance may construct or reconstruct a residential or non- residential structure which is at least 200 feet from the ordinary high water mark of a stream or river within the upstream area, provided that a report from an professional engineer with an hydraulic background has determined that the structure is not at risk from avulsions from the respective stream. The term"ordinary high water mark" shall be defined as provided in the Mason County Shorelines Master Program. (iii) Within the upstream area no new subdivisions of land shall be allowed. 2) Extends Ordinance 23-98, which amends Mason County Ordinance No. 77-93 on an interim basis by deleting the words "in Management Areas" from section 17.01.110.D.2.f; and 3) Extends Ordinance 23-98, which amends Mason County Ordinance No. 77-93 on an interim basis by adding to section 17.01.1 10.D.2. the following subsection: 'T Clearing and construction is prohibited within the vegetation area for Water Types 111, HI, IV, and V; and clearing and construction is prohibited in Class I Management Areas within 100 feet of the Type I Waters. This subsection shall not apply to salt water bodies, including Hood Canal, or to lakes greater than 20 acres." These interim amendments shall expire on December 23, 1998. DATED this 73"� day of 1998. Board of County Commissioners Mason County, Washington ATTEST: John A. Bolender, Commissioner Cldrk of the Board Mary Jo Lady, C6mmissione PROVED AS TO FORM: Cynthia"T Olsen, Commissioner UA Prosecuting Attorney Page 3 ! _ r e[e [[[vqr ax R[rtReNCEEMRRs �eB- u :F. t of ~-n•" e�Z{'s+ �� ei N, By KEY TO MAP OLYMPIC NATIONAL 7G / RIFEREN.E VATIM :QNEx 1„ / 33 ___�_ RM,E OF Novo, oEBO, r 4 �� m IF \ FOREST 32 r �N VAmr,B,.,ga ' m 36 31 r -- (_ a T22N T22N ' ---------'�7--- --- —�' T21N RMO e::aFF.a„aF.�. - r 0� ZONE B T21NN „nE ,B ^� EB O[ nnn enMun NOa EYwemW Vv,MYRxY i' rnniw ELBE]I I\ ��/ mMiwntutl n",v�nNN un:numnm.:m eour SYI' uuw. RMrR IC \ pAaY .n vwM eew.¢I /r �`—_— _// RmB+ aeoE E•V11wm een0uenna,q•�N eE,n• .,e e,an eun F y y � R n"ury M15 R DSE LAKE r 4 ST LBARRIB P9} t,1,11fv0LINmCRI, A 1 I i •. I 6 "� 5 4 Exhibit A a � �.� 1. ZONEC w IF ZONE C Skokomish Ind an�Resercation ' AREA TINCLUDED �, a .fi}., P '•- •ixPUNAnoN of zoNE oislcNAnor+s -A YJ> } -• .� ZaNE FM%ANAMIN. c k ZONE "�''- aw? mae m.e.lmen.ua seems oEQtlm68-98 - �7ry��A�" as u l _ �. 1 AO y l ZONE {•• � C „> �� d' A £'••': ftmr' .L ,ILLwii-s�eO,N�r« NX r'` wd wnhanm ­BY��.E'syh` o 40u<J. IN7 6 9 - zavE aza u. n \\ i I7 n"meEYpinnsxpi°"m � .a ... _' - 1 1 _<f 1 +�� 't� t � vs�'. � � Ao•v wE71° ,.Nw ....,oewE. roaFn 20NE C ` \ .r ,m.xiuw Rnry ZONEA2 \ \ i 1 Inu, of ur-,wn=vn NY 1 i :ram '� - 1 7 _ 1 ' -�J ''v A '� ZONED nl _ n000,m.wE*Y.n—PMa A N III ( Il, \_ .: ZONE 13 18 -�� 17 S „�� E ' 14 , .. 13 118 v_ •,v��� To ,mmE u r ooe n ,nn.,P in m.w..Y lI !� ( / '_ L/'� tOM1tuY0u,Mnnn[e apnl e n I.n• "n•I f oetl Inmvu, J 1 f -yam{ / E refam N�80063BbeR� E.,B � J ,,��T.•3' f , RMtS - ZONEC / 1 ✓ E I ZONE A2 r ® MATtONAI iL0001N5UAAMCE PAOCIAM FIRM FLOOD ZONE C ��/ \\ I MASONSCOUNTURANCE RATE MAP II "IN MASON i 20 21 �� �� 22 23 I (UMNCORPORATEDAREAS) 19 � \\ 24 O 119 24 I \n ZONE C p PANELx180 OF 300xxrPx�NreoE ie )J ��`�\ ;I; COMMUNITY-PANEL NUMBER d 530115 01 OO D MAP REVISED: I ® P '�*\ 26 MICHRA E / D E=LL BI.MARKIBE[NR,eA 9JSI 26 27 25 EPN . RRRA,Y— IN C 25 2 mR . . JOINS PANEL 0/00 - ;- 35 36 31 Olympic.National Forest ZONE C r -,KEY TO mAP T.22 N. \ 3 36 32 34 5 T.21 N. ?®NEC 33 5 oo-Year Food Boundary - 1 o0-Ye ar Flood Boundary e T.22 N. NATIONAL FOREST BOUNDARY 21 N Z ?. O f— � T. one Deslgna4ions .� 100-Year tD to U Z ;r � o Flood Boundary o Exhibit ZONE C = 8 4 3 } _I O 6 5 Q 5o0-Year Flood Boundary .. 2 1 ek y Base Flood Elevation'Line 513- to to I Q CYe o+.cam With Elevation In Feet' 3 , Q 2 - (EL9.871 � ''.: _ Base Flood Elevation in Feet O \ E A Where Uniform Within Zone*!. <, .., 1 ZONE Olympic National Forest / LAKE Elevation Reference Mark RM7X - HAVEN - Lyeek _�/ .. Zone D Boundary, V River Mile •M ZONE A Approximate 100 Yea ZONE C .... F Boundary .... .Lt7N ZONE C - Re fDatum *..Reference to the National Geodetic Vertical ot 192Q 64 of COASTAL BARRIERSt K - UNDEVELOPED 0 a 7 8 9 10 ;t I re t 'r Identified Identified Otherwise 10 11 12 7 r' = 1983 1990 Protected Areas F; ZONE C 9 i. t Coastal barter areas are normally located witnin or adjacent to special flood' " areas .. � hazard,1 ZONE A ON o - DR}'BED LAKES a. E ZONE EXPLANATION s � k���� � ,4 A of 100-year base flood elevations and flood hazard- '-Areas Flood• NATIONAL FOREST BOUNDARY ^A factors not determined. � I ` ti AO Areas of 100-year shallow flooding where depths are be shown,bur no flood hazard factorsgar determ ned.inundation and three(3) are w AH Areas of 100-year shallow flooding where depths are between- Z one(1)and three(3)feet;base flood elevations are shown,but no,. r actors are- r a flood hazard f determined. `Yk10z A 1-A30 Areas of 100-year flood;base flood elevations and flood hazard t� Ln OQ factors determined. 0 18 17 58�5 16 15 14 A99 Areas of 100-year flood to be protected by flood protection / 13 16 15 system under construction;base flood elevations.and flood 18 17 14 13 hazard factors not determined, Fork � � B Areas between limits of the 100-yearflood.and 500-year flood;or certain areas subject to100-year flooding with average depths less ZONE C than one(1)foot or where the contributing drainage area is,less than one square mile;or.areas protected by levees from the base \ flood.(Medium shading) fl d • � �, � C Areas of minimal flcc-ding.(No shading) D Areas of undetermined,but possible,flood hazards. V Areas of 100-year coastal flood with velocity(wave action);-base flood elevations and flood hazard factors not determined. V 1-V30 Areas of 100-year coastal flood with velocity(wave action);base flood elevations and flood hazard factor,determined. I � • NOTES TO USER QeY it is map doesnote ior use in necessaily Identify all(areas subject to flooding,particularly he National Flood Insurance gfr m local drainage sources of small size,or all planimetic features outside 19 s Special Flood Hazard Areas.The community map repository should be 20 (; 2i 22 23 20 21 flY II 24\ 19 22 23 24 consulted for more detailed data on BFEs,and for any information on I I \ floodway delineations,prior to use of this map for property purchase or construction purposes., Areas of special flood hazard(100-year flood)include Zones A,Al 30,AE, cfl ZONE A RAILROAD AH,AO,A99,V,V1-30 and VE. / G Certain areas not in Special Flood Hazard Areas may be protected by flood / LOGGING control structures. Coastal base flood elevations apply only landward of 0-0 NGVD,and include the effects of-wave action;these elevations may also differ h 9 icanenev cuationoplann ngope h at+onat W er Seance for . '•e/ - d by t e N- Bath I / Corporate limits shown are current as of the date of this map.The user I ONE A `` should contact appropriate community officials to determine it corporate l` \ s d ac n t ine � - limits have changed subsequent to the issuance of this map. \� For adjoining map panels see saparately printed Map Index. ® ZONE l� 1 a:'• s� to INITIAL IDENTIFICATION'- 30 _' 29 27 - 26 25 30 ". AUGUST 9,1977 --t„ 29 28 27 26 25 HAZARD BOUNDARY MAP REVISION:. FLOOD MAY 15,1979 ZONE C b r• '' .. ZONE A ZONE FLOOD INSURANCE RATE MAP EFFECTIVE: MAY 77,1988. LOOP ,.- FLOOD INSURANCE RATE MAP REVISIONS: W j - a _. ZONE C % ZONE C ' 35 31 32 I 33 �� � � 02. . 36 "31 3 33 34 35 To.det min if flood insurance is available in this community,. 2 determine n & 36 contact your insurance agent,or call the National Flood Insurance ' r , Program,at(800)638-6620. to.� } L®,�.T.21 N, x- � �a, i cc T.21 N. �} j T.20 N. APPROXIMATE_SCALE IN FEET T.20 N. ®® �� � ZONE A l` � 200o f3 2000 HANKS l 1 'Lo LAKE 41 2 _ 41 NATIONAL FL INSURANCE PROGRAM ZONE A ZONE C 9 6 5 4 3 2 RAIL-nOAD 1 6 5 4 3 2 1 I ' LOGGING / o �T o ZONE A o FIRM 0 z FLOOD INSURANCE RATE MAP ..: ZONE A .,. fi a ASCOUNTY, _ f�S YAK a bran c (UNINCORPORATED AREAS) 6 � Y4_ M r .:r FT 11 10 2 8 - - r 1 7 9 10 yfarLocK 9 11 12 ssr .. -., 7 - ZONE A 8 ZONE A PANEL 175 OF 309 : Q ZONE A ��_ ISEE MAP INDEX FOR PANELS NOT PRINTED)..' E f o ZON A HIL N s F SH POND z k�� ��• _s� ZONE A - O m .. NE a ZO A i tr "` �' O O ew a Cr U ��,�� n MORROW peek 13 Q 0 E,. a - LAKE a� 14 _ ZONE NUMBER in - - cn I Q 18 17 16 15 13 18 ZONE %"15 »Fz c .• ��� � -PANES 14 Q� 16 NE f 1 �.. 1 ) Z ZONE A4 Z® A +b ZONE A (�jFro, I k ICHAEL BAKE ;,J ,1 4 ZONE A ZONE C _ II ZONE C to �yo oti K i SEP.3 g _ � 20 21 � 22 � 23 2 19 20 21 19 22 23 + 24 Federal Emergency Management Agency JOIN EXHIBIT C N ,j 55 50 •� .I t'®•L': .... :.�....•-•. ✓ ,® �° tea, ��® )___? a,".���.'^` ®�. - `.� o Q 2 ®� II �• �� ` � • 40 ss � �y �� ,,�' '"• D ri sit 36 W.!�/ .f• 1 , � o o ss : + � �'•=i ! j- -tea- d. - �? 9 � " uQ is M ` K Mason Count)/ ; � S sx _ SKOKOMISH RIVER COMPREHENSIVE FLOOD i*� - - F�9ure-6_1.3c. — .: w ,y.. .. -.- • _--�• � .R_..,,_ �INT',Z®NES—HUNTER CREEKVIdN x�-' .