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HomeMy WebLinkAbout80-98 - Ord. Extending and Amending Ord. 23-98 Prohibiting New Construction in Skokomish River Valley ORDINANCE NUMBER 80 - 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; and VvTHEREAS, ordinance 68-98 was adopted June 23, 1998, on an interim basis and a public hearing was held on July 14, 1998 to affirm that action; and WHEREAS, the evidence available to the Board of Commissioners lead them to conclude that ordinance 68-98 should be affirmed, but in an amended form; NOW, THEREFORE, BE IT HEREBY ORDAINED, that the Board of Commissioners of Mason County hereby approves findings of fact and amends ordinance 68-98 to the effect that it reads as follows: 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 Mqnagement 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 IA 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, 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 X' and "Exhibit B." (ii) Within the upstream area the following regulations apply: Page 2 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 17.01.1 10.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 17.01.110.D.2. the following subsection: "i. Clearing and construction is prohibited within the vegetation area for Water Types I1, III, 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 14th day of July , 1998. Board of County Commissioners Mason County, Washington ATTEST: A. Bolender, Commissioner v � ✓ ec� Clerk of the Board Mary J (ady ommissione yq� 1 PRO D AS TO FORM: Cynthia Olsen, Commissioner E r Dnd � c ' Prosecuting Attorney Page 3 PANEL 0 125 -7 JOIN'S ELEVATION'REFERENCE MARKS T 4 IM KEY TO MAP 00-Yeai�Flood boundary REFERENCE ELEVATION OLYMPIC NATIONAL NAMF;� 5 ZONE B MARK (FT.NGVD) DESCRIPTION OF LOCATION T 1 00-Year Flood Boundary F u?"R, E R.M15 32.90 U.S.Route 101 bridge crossing siough. "Y"in corner of briciq 3 6- 31 curb on the north bank of the upstrearn side of bridge,approxi- Zone Designations* 1 .03 miles(150')southerly of the intersection with Bour- T22 N T 22 N qault East, RM23 31.7 T 21 N 4 PK and shinner on the centerline of the Skokomish Valley Roac;, 1 00-Year Flood Boundary J approximately 0.29 miles(1;520')north and approximately 0.4� ZONE B T21 N miles(2,5901 west of the intersection with Bour 500-Year Flood Boundary gault Wesc,o- approximately C.78 miles along.the centerline of the Skokoi Base Flood Elevation Line Valley Road. With Elevation In Feet** RM25 38..05 PK and shinner on the centerline of the Skokomi h Valley Road. (EL 987) approximately 1.43 miles westerly of the intetsection with Elt 9 spg Base Flood Elevation in Feet gault West along said centerline. Where Uniform Within Zone- Ri,,131 48.61 PIC and shinner on the centerl�ne of the Skokomish Valley Roat LO ig Elevation Reference Mark RM7X approximately 2.17 miles waste.ly of the intersection with Bou­ aj I gault West,along said centerline. Zone D Boundary —.......... giver Mile oM1.5 NW ....... ROSE AKE 4N I Approximate 100-Year x Flood Boundary -Reference to the National Geodetic Vertical Datum of 1a29 UNDEVELOPED COASTAL BARRIERSt 4 ZONE C 2=� Identified Identified Otherwise rp,-t 1983 1990 Protected Areas k t Coastal barrier areas are normally located witnin or adjacent to special flood hazard areas. Z ON E C_ Ind an R\-Les�-­rvation *EXPLANATION Or'ZONE DESIGNATIONS T I[,v D' U D E D AP,— 1--J 0 A V ZONE EXPLANATION Areas f 100-year flood;base flood elevations�ancl flood hazard factors not determined. Vg AO Areas of 100-year shallow flooding where depths are between one(1)and three(3)feet;average-depths of inundation are .,a4 shown,but no flood hazard factors are determioed. Areas of 100-year shallow flooding where depths are between AH one(1)and three(3)feet;base flood elevations are shown,but no ?p� I flood hazard factors are determined. ZONE C Al-A30 Areas of 100-year flood;base flo6d elevations and f] ��­2'r, od hazard W factors determined. A99 Areas-of 100-year flood to be protected by flood p -ction rotL system under construction;base flood elevations and flood z hazard factors-not determined. B Areas between limits of the 100-year flood and 500-year flood;or certain areas subjeato 100-yearflooding with average depths less -n-- N, 'than one(3)foot or where the contributing drai'ge area isless t han one square mile:or areas protected by leveesafrom the base flood.(Medium shading) C Areas of minimal flooding.(No shading) n x 01 i, 9-A zgm D Areas of undetermined,but possible,flood hazards. -V Areas of 100-ye'r coastal flood w:th velocity(wave.action);base flood elevations and flood hazard factors not determined. V1-V30 Are f 100-year coastal flood with velocity(wave action);base 10 flood elevations and flood hazard factor3 determined. 7 8 9 A2 NOTES TO USER !_�MIT 0- DETAIL' This map is for use in administering the National Flood Insurance Proq ram; STUD riot necessarily identify all areas subject to flooding,particularly from 71 ,:Ot,�Fm MGM-drainage sources of small size,"or all planimetric features outside 2 SpeciaWlood Hazard Areas.The community m ository should be c nsulted for more detailed data o-BFEs,and for any information on floodway delineations,prior to use of this map for property purchase or 60 A� construction purposes. Areas of special flood hazard(11 00-year flood)include Zones A,All�36,AE, AH,AID,A99,V,Vl-30 and VE. N V/V Certain areas not in Special Flood Hazard Areas maybe prote edbyflood MO control structures- Coastal base lood elevations apply only.landward of 0.0 NGVD,and 'k "')VI nciude the effects of wave action;these elevations may also differ significantly from those developed by the National Weather SerAce for hurricane evacuation planning. ga 9S, M Corporate I ZO N;= shoul opriate imunitv officads rporate co mils have changed subseclucint to th'issuance of this map. For adjoining map panels see separately printed Map Index. M., XVIV OF INITIAL IDENTIFICATION: A W AUGUST 9,1977 FLOOD HAZARD BOUNDARY MAP REVISION: W MAY 15,1979 0 FLOOD INSURANCE RATE MAP EFFECTIVE: MAY 17,1988 FLOOD INSURANCE'RATE MAP REVISIONS: Map revised December 8,1998 to change special flood hazard areat�,to add roads and road names,and to reflect updated topographic information. TVII M__ 13 17 18 V, tgnv 13 2, EELLs lx/ To determine if flood insurance is available in this c mmunity, C)An c ntar,your insurance agent,or call the National Flood ln�urance Program,at(800)638-6620, C� ;A- OLD11,1707�'ERY LAJI�E APPROXIMATE SCALE IN FEET 1000 1 OCX) 0 NATIONAL FLOOD INSURANCE PROGRAM FIRM ROOD INSURANCE'RA",TLE MAP ZONE C X 20 2 1 7� 4 MASON COUNTY ZONE C 24 19 WASHINGTON (UNINCORPORATED AREAS) PANEL 100 OF 3-OU -(SEE MAP INDEX.FOR PANELS NOT PRINTED) N �7 _�E LO rr, COMMUF11TY-PANEL K UMBER 530115 0180 D cc M MAIO REVISED: 30 DECUEMBiER 8,1998 ,1";m 2 5 26 N\ 2-9 28 27 30 .2-5, !i NEL0190 eral Emergency Management Agency