BEFORE THE HEARING EXAMINER FOR THURSTON COUNTY

Transcription

1 COUNTY COMMISSIONERS Cathy Wolfe District One Diane Oberquell District Two Robert N. Macleod District Three HEARING EXAMINER BEFORE THE HEARING EXAMINER FOR THURSTON COUNTY In the Matter of the Application of ) NO ) ) FINDINGS, CONCLUSIONS ) AND DECISION For Approval of a Shoreline ) Substantial Development Permit ) ) SUMMARY OF DECISION The request for a Shoreline Substantial Development Permit to replace a six-inch water main in the right of way of Old Highway 410 and attach it to the roadway bridge crossing Perry Creek is GRANTED, with conditions. SUMMARY OF RECORD Request The (Applicant) requests approval of a Shoreline Substantial Development Permit (SSDP) to replace a six-inch water main in the right of way of Old Highway 410 and attach it to the roadway bridge over Perry Creek. The water main will be buried adjacent to the roadway and then attached to the bridge using special hangers. The Shoreline Master Program for the Thurston Region (SMPTR) has a designation of the Applicant s properties as being within a Rural Shoreline Environment. Hearing Date: The Hearing Examiner held an open record hearing on the request on February 22, Testimony: The following individuals presented testimony under oath at the open record hearing: Roger Giebelhaus, Thurston County Development Services Department Jerry Morrisette, Applicant Representative Phil Smith, Applicant Representative 2000 Lakeridge Drive SW, Olympia, Washington (360) /FAX (360)

2 Exhibits: The following exhibits were admitted at the open record hearing: EXHIBIT 1 Development Services Planning & Environmental Section Report including the following attachments: Attachment a Notice of Public Hearing Attachment b JARPA Aquatic Resources Permit Application dated May 10, 2004 Attachment c Site Plan/Vicinity Map including photos Attachment d Cross-section Drawing Attachment e June 29, 2004 letter from Wendy O Donnell, Thurston County Environmental Health Attachment f Notice of Application with Determination of Nonsignificance, mailed November 9, 2004 Attachment g January 21, 2005, Comments from Scott Davis, Development Review Section of Roads and Transportation Attachment h Pictures of the site EXHIBIT 2 EXHIBIT 3 Enlarged Site Plan titled Exhibit 1a Enlarged Site Plan titled Exhibit 1b The Hearing Examiner enters the following Findings and Conclusions upon consideration of the testimony and exhibits submitted at the open record hearing: FINDINGS 1. The Applicant requests approval of a SSDP to replace a six-inch water main in the right of way of Old Highway 410 and attach it to the roadway bridge over Perry Creek. The water main will be buried adjacent to the roadway and attached to the bridge using special hangers. 1 Exhibit 1, pages 1-2; Exhibit 1, Attachment d. 2. The project site is in the jurisdiction of the Shoreline Master Program for the Thurston Region (SMPTR). It is within 200 feet of the ordinary high water mark of Perry Creek, which is tidally influenced by Eld Inlet, a significant shoreline in the State of Washington, and subject to the provisions of the Shoreline Management Act (SMA), RCW The SMPTR designates the project site as Rural Shoreline Environment. Exhibit 1, Staff Report, pages The Washington Revised Code (RCW) defines substantial development as a project that has a cost greater than $5,000. RCW (3)(e). The cost of this proposal will be approximately $1.3 million, and a SSDP is required prior to construction. Exhibit 1, page 2; Exhibit 1, Attachment b, page 4; RCW ; TCC The legal description of the property is Sections 12-14, Township 18 North, Range 3 West, Tax Parcel Number Page 2 of 6

3 4. The Applicant is a public water system provider that serves 47 customers in the area. The proposed project would replace an existing water main that crosses Perry Creek. The main is currently broken and leaking and must be replaced. The replaced water main will provide adequate and safe drinking water to the water system s customers. Exhibit 1, Attachment b, page 2; Exhibit 1, Attachment b, page The proposed project is located in the Rural Residential/Resource Zoning Thurston County zoning district. As the proposed project is a water distribution system, it is exempt from the Thurston County Zoning Code pursuant to TCC (1)(a). Surrounding land uses are residential uses to the south, east, and west. Perry Creek runs east to west under Old Highway 410 and Highway 101. Exhibit 1, page 2; Exhibit 1, Attachment b, page 7; Exhibit 1, Attachment c, page 2; TCC (1)(a). 6. The majority of the proposed project will be underground, 24 inches below the surface of the existing grade. The only time the water main will be above ground is at the attachment on the bridge. It will be attached to underside of the Old Highway 410 Bridge on the north side. It will not be visible to adjacent residents and/or highway users, but will be visible to those people fishing under the bridge and to eastbound traffic on Highway 101. Exhibit 1, page 3; Exhibit 1, Attachments d & h. 7. As the water main will be located on the bridge above the shoreline, Thurston County Development Services has determined it will not interfere with any shoreline use activities in the area. Exhibit 1, page Thurston County Environmental Health submitted that the proposed project did not appear to have adverse impacts to public health and recommended approval. It advised that if the Applicant could not avoid impacts to the On-site Sewage System that may be present in the easement required for this project, it should contact the Thurston County Environmental Health Division. Exhibit 1, Attachment g. 9. The Thurston County Development Review Division, Section of Roads and Transportation, recommended the proposed project be approved, with conditions. Exhibit 1, Attachment e. 10. The proposed project is exempt from review under the State Environmental Policy Act (SEPA) because it is within an existing site, and the proposed project is a public water system. RCW 43.21C.110; WAC (23)(b); Exhibit 1, page 2, Exhibit 1, Attachment b, page Written notice of the public hearing was mailed to property owners within 500 feet of the proposed project on February 8, 2005 and notice was published in The Olympian on Page 3 of 6

4 February 11, Notice was posted on the property on February 10, No opposition testimony was submitted. Exhibit 1, page 2; Exhibit 1, Attachment a. CONCLUSIONS Jurisdiction The Hearing Examiner has jurisdiction to hear and decide applications for Shoreline Substantial Development Permits pursuant to RCW and Thurston County Code (c). Criteria for Review: Review criteria for Substantial Development Permits are set forth in TCC and WAC and For approval of a SSDP application, an applicant must satisfy the following criteria: (1) A substantial development permit shall be granted only when the development proposed is consistent with: (a) The policies and procedures of the [shoreline management] act; (b) The provisions of this regulation; and (c) The applicable master program adopted or approved for the area. Provided, that where no master program has been approved for an area, the development shall be reviewed for consistency with the provisions of chapter WAC, and to the extent feasible, any draft or approved master program which can be reasonably ascertained as representing the policy of the local government. (2) Local government may attach conditions to the approval of permits as necessary to assure consistency of the project with the act and the local master program. (3) No permit shall be issued for any new or expanded building or structure of more than thirtyfive feet above average grade level on shorelines of the state that will obstruct the view of a substantial number of residences on areas adjoining such shorelines except where a master program does not prohibit the same and then only when overriding considerations of the public interest will be served. Shoreline Master Program for the Thurston Region (SMPTR) Policies of the SMPTR that are applicable to the proposed project include: Wherever utilities must be placed in a shoreline area, the locations should be chosen so as not to obstruct or destroy scenic views. Utilities should be placed underground, or designed to do minimal damage to the aesthetic qualities of the shoreline area. Utilities, Policy No. 1. If utilities must be located over the water, they should be placed on bridge-like structures rather than fill, and said structures should provide clearance for all marine vessels normally using the area. Utilities, Policy No. 6. New major transmission facilities should follow existing utility corridors unless prohibited by the environmental designation and regulations. Utilities, Policy No. 7. General regulations of the SMPTR that are applicable to the proposed project include: Page 4 of 6

5 The proposed utility lines shall follow existing utility, natural drainage, or transportation routes when feasible. Utilities, Regulation No. 1. Where feasible, utilities shall be placed underground unless such undergrounding would be economically or technically prohibitive or significantly detrimental to the environment. Utilities, Regulation No. 5. The following utility facilities are allowed in the Urban and Rural Environments of the SMPTR: Utility lines. Utilities, Environmental Designations and Regulations, Urban and Rural Environments, No. 1. Conclusions 1. With conditions of approval, the proposal to replace a six-inch water main in the right of way of Old Highway 410 and attach it to the roadway bridge crossing Perry Creek satisfies the review criteria for a SSDP set forth in TCC and WAC and Thurston County s SMPTR provides regulations for development within the shorelines of Thurston County. Several policies and regulations of the SMPTR are applicable to the proposed development and are satisfied by the Applicant s proposal. These policies are described in the following paragraphs. Findings of Fact Nos. 1, 2. The Applicant proposes to replace an existing water main in Old Highway 410 right of way and attach it to an existing bridge crossing Perry Creek. The proposed project follows existing utility corridors, and does not interfere with any shoreline uses or marine vessel clearance since it is attached to an existing bridge. Utility lines are an allowed use in the rural and urban environments. (Utilities, Policy Nos. 6, 7, Regulation No.1, Environmental Designations and Regulations, Urban and Rural Environments, No. 1.). Findings of Fact Nos. 1, 4, 7. The water main will be buried 24 inches underground and will only be above ground when it is attached to the bridge. The water main will not be visible from the bridge deck, but will be visible to eastbound traffic on Highway 101 and to bank fishers under the bridge. The proposed project will not obstruct or damage any scenic views. (Utilities, Policy No. 1, Regulation No. 5). Findings of Fact No 6. DECISION Based upon the preceding Findings and Conclusions, the request for approval of a SSDP to replace a six-inch water main in the right of way of Old Highway 410 and attach it to the roadway bridge crossing Perry Creek, which is tidally influenced by Eld Inlet, in Thurston County, WA is GRANTED, with the following conditions: 1. Prior to, or in conjunction with, the issuance of any building permit, all regulations and requirements of the Thurston County Environmental Health Department, Thurston Page 5 of 6

6 County Roads and Transportation Services Department, Thurston County Development Services Department, and compliance with the notes in the Determination of Nonsignificance shall be complied with. 2. All development on the site shall be in substantial compliance with the approved site plan. 3. TCC governs the placement of utilities in Thurston County, and all development on the site shall comply with this chapter. Compliance with this chapter includes a requirement for a Franchise Agreement with Thurston County for the installation of utilities in County right of way. This agreement shall be executed with Thurston County prior to installation of the proposed utility. 4. Pursuant to TCC 13.56, a utility permit is required prior to any construction within the County right of way. The utility plan shall be accompanied by engineered drawings in accordance with TCC All requirements of TCC , Installations on roadway bridges and structures, shall be met. Decided this 28 th day of February, James M. Driscoll Hearing Examiner for Thurston County O:\apps\track\Planning\Amanda Save File\JARPA - Shoreline Substantial Development XC\Decisions\ decision.mud bay water.doc Page 6 of 6