Title
Approval of an Ordinance Amending the Critical Areas Ordinance to Add Habitat and Species Protections for Great Blue Heron
Recommended Action
Committee Recommendation:
The Land Use and Environment Committee has received updates and provided direction during the process of developing this proposal.
At its October 2, 2017, meeting, the Olympia Planning Commission voted 4-2 to recommend approval of the attached ordinance.
City Manager Recommendation:
Move to approve the ordinance adding a new section of the Olympia Critical Areas Ordinance (OMC 18.32) to provide additional protections for Great Blue Heron rookeries on second reading.
Report
Issue:
Whether to adopt the proposed amendments to the Critical Areas Ordinance, which include additional protections Great Blue Heron rookeries as locally important habitats.
Staff Contact:
Leonard Bauer, Deputy Director, Community Planning and Development, 360.753.8206
Presenter(s):
Leonard Bauer, Deputy Director, Community Planning and Development
Background and Analysis:
Background and analysis has not changed from first to second reading.
The Washington State Growth Management Act (GMA) required the City to update its Critical Areas Ordinance (CAO) in 2016 to ensure it was consistent with the Best Available Science (BAS) and to protect anadromous fish. In 2015, the Land Use and Environment Committee (LUEC) directed staff to conduct an update of the City’s CAO in two phases:
• Phase 1 - the state-mandated update to include BAS and protect anadromous fish. Phase 1 was completed by City Council adoption of Ordinance 7030 on August 16, 2016 (see Attachment 2).
• Phase 2 - review potential additional protections for locally important habitat and species, including Great Blue Heron.
State law requires that protection measures for critical areas that occur along shorelines must be included in the City’s Shoreline Master Program (RCW 36.70A.480). So, to ensure the City’s CAO provisions also apply in shoreline areas, the City’s Shoreline Master Program (SMP) adopts the CAO by reference. Amendments to the CAO are then also required to be amended into the SMP and approved by the WA Department of Ecology. Therefore, Ordinance 7030 specified that the Phase 1 CAO amendments will be effective upon approval by the State Department of Ecology.
At its July 11, 2017, meeting, the City Council approved additional amendments to the CAO, as recommended by the Planning Commission, in Ordinance 7090 (See Attached). The City Council directed that Ordinance 7090 and Ordinance 7030 (Phase 1 CAO amendments) be sent to Ecology for review and approval as amendments to Olympia’s SMP. The City Council also referred potential additional protections for Great Blue Heron rookeries back to the Planning Commission for a recommendation.
The Planning Commission deliberated further at its September 25 and October 2, 2017, meetings and recommends adoption of the attached ordinance (see Attachment 8). The primary difference between the recommended ordinance and the earlier version considered by the Planning Commission in January - April 2017 is that the length of time protections would apply to a heron rookery after its last known active nesting season is six years rather than 10 years.
If the City Council approves the ordinance, a draft resolution will be brought before the Council at its next regular meeting to direct staff to send the ordinance to Ecology for review and approval as an amendment to the City’s Shoreline Master Program.
Background - Locally Important Habitat and Species
The City’s consultant, ESA, presented information on protections for locally important habitat and species to LUEC on September 15 and November 17, 2016 and to Planning Commission on August 8, 2016, and January 9, 2017 (Attached). Staff hosted a public open house to discuss proposed amendments, including protections for Great Blue Herons, on January 18, 2017. Planning Commission held a public hearing on January 23, 2017, and deliberated further at its meetings on February 6 and 27, March 6 and 20, and April 3. (All meeting packets, minutes and public comments considered at those Planning Commission meetings are attached.)
On February 27, 2017, the Planning Commission completed its deliberations on part of the recommended changes and unanimously supported the proposed amendments to OMC 18.02,18.32.500 and 18.20, and amendments to the Shoreline Master Program. These amendments were adopted by the City Council in Ordinance 7090.
However, the Planning Commission could not reach agreement on the proposed amendments to OMC 18.32.300-330. At its April 3, 2017, meeting they voted to send no recommendation to Council on those sections. Instead, the Commissioners passed a motion to write a letter to City Council explaining their reasons (see attached Planning Commission letter). The City Council reviewed the letter and referred consideration of protections for Great Blue Heron rookeries back to the Planning Commission for a recommendation.
Great Blue Heron and Habitat
In general, staff proposed the following approaches to protect heron nesting colonies when development is proposed:
• Adopt fixed-width buffers around heron nesting colonies
• Require tree and vegetative screening
• Restrict the timing on some types of activities (e.g., loud noise, clearing, grading)
• Require mitigation sequencing where appropriate
• Require consultation with the City and the Washington State Department of Fish & Wildlife (WDFW) during project planning
WDFW recognizes that protections for heron rookeries have a different set of considerations in urban areas than in less developed areas. Consequently, staff proposed smaller buffers - a 200-foot year-round buffer and an additional 300-foot seasonal buffer for nesting colonies - than that recommended by WDFW for nests in rural and less developed areas. These buffer widths align more closely with those of two other cities that have adopted protections for Great Blue Heron rookeries - the Cities of Kenmore and Seattle.
Non-regulatory Approach in West Olympia
The most effective way to protect important habitat and species is to acquire and manage land that provides the necessary habitat for important species. Several properties containing and adjacent to a known Great Blue Heron rookery in West Olympia have been purchased by the Olympia Ecosystems Coalition for that purpose.
Neighborhood/Community Interests (if known):
Many groups and individuals in the community are interested in protection of the Great Blue Heron. Comments considered by the Planning Commission are attached.
Options:
1. Approve the ordinance adding a new section of the Olympia critical areas ordinance (OMC 18.32) to provide additional protections for great blue heron rookeries.
2. Do not approve the ordinance.
3. Approve specific revisions to the ordinance and adopt as revised.
4. Refer the draft ordinance to Land Use and Environment Committee for further discussion.
Financial Impact:
Initial review of locally important habitat and species was included in Community Planning and Development Department’s budget; however, additional habitat and species protections may require additional resources in the future.
Attachments:
Ordinance
Ordinance 7030
Ordinance 7090
ESA Technical Memo - Options
ESA Technical Memo - Recommendations
Planning Commission meeting packets and minutes Jan. - April 2017
Planning Commission Recommendation Letter
Planning Commission meeting minutes and public comments Sept. 25 & Oct. 2, 2017