BEFORE THE HEARING EXAMINER FOR THURSTON COUNTY

Similar documents
BEFORE THE HEARINGS EXAMINER FOR THURSTON COUNTY

BEFORE THE HEARINGS EXAMINER FOR THURSTON COUNTY

BEFORE THE HEARING EXAMINER FOR THURSTON COUNTY

BEFORE THE HEARING EXAMINER FOR THURSTON COUNTY

CITY OF MEDINA OFFICE OF THE HEARING EXAMINER

ALL SECURE SELF STORAGE SEPA APPEAL RECOMMENDATION TO THE HEARING EXAMINER

ELIGIBILITY CRITERIA CHECKLIST OPEN SPACE CLASSIFICATION

4.1 LAND USE AND HOUSING

STAFF REPORT FOR STANDARD COASTAL DEVELOPMENT PERMIT #CDP FEBRUARY 26, 2015 CPA - 1 PO BOX 238 APTOS, CA 94001

BEFORE THE HEARING EXAMINER FOR THE CITY OF PORT ORCHARD

AND DECISION SUMMARY OF DECISION

FOR THE CITY OF MEDINA. No. SPR SUMMARY OF DECISION

ORDINANCE NO. 430 REGARDING WATER CONSERVATION

Shoreline Master Program Town of La Conner, Washington

Glenborough at Easton Land Use Master Plan

-MENDOCINO COUNTY PLANNING AND BUILDING SERVICES- DIVISION II OF TITLE 20--COASTAL ZONING CODE

PLANNING COMMISSION S DRAFT FINDINGS OF FACT, CONCLUSIONS OF LAW, & RECOMMENDATION: State Route 20 (SR-20) / Sharpe s Corner Vicinity Improvements

TETON COUNTY FIRE PROTECTION RESOLUTION FOR NEW SUBDIVISIONS 2008 Edition. Chapter I General Provisions

SUBMITTAL REQUIREMENTS

LEGAL NOTICE. City of Tacoma Determination of Environmental Nonsignificance. Fred Wagner, Wagner Development. Demolition of Manitou school buildings

CITY OF SCANDIA ORDINANCE NO. 174

Public Visioning City of Kelso Planning Commission

CHAPTER SPECIAL PURPOSE AND OVERLAY ZONING DISTRICTS

COUNTY OF SAN MATEO PLANNING AND BUILDING DEPARTMENT

ARLINGTON COUNTY, VIRGINIA

Camden County Development Regulations. Updated February 2017

ORDINANCE NO WHEREAS, the City provided the proposed code amendments to the Washington State Department of Commerce on September 20, 2017; and

Project Name: MELWOOD HOTEL. Date Accepted: 1/12/04. Waived. Planning Board Action Limit: Plan Acreage: 1.7 Zone: Dwelling Units:

Preserving Green Streetscape Character on Hillside Drive

Kitsap County Department of Community Development. Hearing Examiner Staff Report and Recommendation

RRW Stonebrook, LLC Tentative Map Findings

Kitsap County Department of Community Development. Administrative Staff Report

At Your Disposal CUP Amendment, Lot 20, Village Service Commercial, at 128 Bastille Dr. (PLN17-208)

ARLINGTON COUNTY, VIRGINIA

Planning Commission Staff Report Project Plan Approval Hearing Date: June 14, 2017

MATHEMATICAL SCIENCES BUILDING

RESOLUTION NUMBER Kitsap County Public Works Stormwater Division Six-Year Capital Facilities Plan

LICENSES FOR UTILITY CROSSINGS OF PUBLIC LANDS AND WATERS ACCORDING TO MINNESOTA RULES CHAPTER [Rules Effective July 1, 2004]

36.1. PURPOSE APPLICABILITY DESIGN REVIEW GUIDELINES

COMMERCIAL DESIGN REVIEW APPLICATION

STAFF REPORT TO THE CITY COUNCIL. Conduct Public Hearing to vacate certain public right of way adjacent to Sycamore Avenue and San Pablo Avenue

CHAPTER BEAUTIFICATION AND LANDSCAPE MANAGEMENT

STAFF REPORT. To: Planning Commission Meeting date: January 11, 2017 Item: UN Prepared by: Robert Eastman. RREF II-KI Promenade, LLC

North Metro Natural Gas Pipeline Project Routing Study. Exhibit I: Comment and Response Document

BEFORE THE HEARING EXAMINER FOR THURSTON COUNTY

CHAPTER Committee Substitute for Senate Bill No. 1472

CARVER COUNTY DIVISION OF PUBLIC WORKS LANDSCAPE POLICY. Adopted by the Carver County Board of Commissioners March 3, 2015

Development Reviews. An overview of the Commission s review process, primarily in Klickitat County. March 13, 2018

Venice Pumping Plant Dual Force Main Project Draft EIR

1. Request: The subject application requests the construction of a single-family home in the R-R Zone.

RESOLUTION NO. R Refining the route, profile and stations for the Downtown Redmond Link Extension

CASE NUMBER: 15SN0594 APPLICANT: Racetrack Petroleum, Inc.

FIRE PREVENTION OFFICE Placer Hills Fire Protection District NEW PROJECT GUIDELINES

Parks, Trails, and Open space Element

OFFICE CONSOLIDATION SECONDARY PLAN AREA 22 THE BRAMALEA SOUTH INDUSTRIAL SECONDARY PLAN

EAST LAKE TARPON COMMUNITY OVERLAY

Note: Staff reports can be accessed at Zone: I-3. Tier:

ORDINANCE NO WHEREAS, the City of Kalama has many areas of timberland and open areas inside its City limits adjacent to residential areas;

Parks, Trails, and Open Space Element

A BILL FOR AN ORDINANCE TO AMEND CHAPTER 9, KAUAI COUNTY CODE 1987, RELATING TO STREET REQUIRE:MENTS FOR SUBDIVISIONS

Attachment 4. TRPA Environmental Documentation, IEC/MFONSE

R E S O L U T I O N. 2. Development Data Summary:

LU Encourage schools, institutions, and other community facilities that serve rural residents to locate in neighboring cities and towns.

Chapter WAC SHORELINE MASTER PROGRAM GUIDELINES. Table of Contents WAC AUTHORITY, PURPOSE AND EFFECTS OF GUIDELINES.

D3 January 14, 2015 Public Hearing

ESD # 122 UNION RIDGE MODULAR CLASSROOM

HISTORIC PRESERVATION

SBCAG STAFF REPORT. MEETING DATE: March 17, 2016 AGENDA ITEM: 5I

R E S O L U T I O N. Single-Family Residence/ Church. 2,488 sq. ft. 2,488 sq. ft. Area Parking Required: Church

STATE OF VERMONT. Docket No Vtec

Plan Policies. Introduction

FAQ S about Restoration Planning FROM THE Department of Ecology WEBSITE:

CITY OF VACAVILLE PLANNING COMMISSION Agenda Item No. G. 1 STAFF REPORT August 4, Staff Contact: Tricia Shortridge (707)

City of Larkspur. Notice of Mitigated Negative Declaration for the 285

Staff Report CONDITIONAL USE

Town of Windham. Planning Department 8 School Road Windham, ME voice fax

PROJECT STATEMENT LOCATION/DESIGN PUBLIC HEARING. 19 th AVENUE NORTH EXTENSION PROJECT FROM SPRINGDALE DRIVE TO NORTH 2 ND STREET/U.S.

Construction and Landscaping on Public Property

SECTION 4(f) DE MINIMIS DOCUMENTATION

DECISION CRITICAL AREAS ALTERATION AND DETERMINATION OF NONSIGNIFICANCE (DNS)

The following exhibits were submitted and made a part of the record as follows:

Appendix E Preliminary Location Hydraulic Study

7 May 9, 2012 Public Hearing APPLICANT AND PROPERTY OWNER: COASTAL ENTERPRISES, LLC

PSRC REVIEW REPORT & CERTIFICATION RECOMMENDATION

FOR HISTORICAL REFERENCE ONLY

City of Westbrook. 2 York Street Westbrook, Maine (207) Fax:

Acting Director, Transportation Services Division. p:\2010\cluster B\TRA\EtobicokeYork\eycc tp

Louisville Metro Ordinance (Chapter 94: Fire Prevention) FIRE HYDRANTS, WATER MAINS AND WATER SUPPLY.

The Town Board of the Town of Vienna, County of Dane, State of Wisconsin, does ordain and adopt as follows.

5/22/2012. Low Impact Development through NPDES Permits TAKE AWAY MESSAGES. Municipal Stormwater NPDES Permits

COASTAL CONSERVANCY. Staff Recommendation March 25, 2004 LOS ANGELES GREEN VISION PLAN. File No.: Project Manager: Marc Beyeler

TREASURE COAST REGIONAL PLANNING COUNCIL M E M O R A N D U M. To: Council Members AGENDA ITEM 8B5

Town of Excelsior, Sauk County, Wisconsin DRIVEWAY ORDINANCE

CITY OF DEERFIELD BEACH Request for City Commission Agenda

ESSENTIAL PUBLIC FACILITIES

PRELIMINARY CONDITIONAL USE SUBMITTAL CHECKLIST REQUIREMENTS

Highway Oriented Commercial Development Criteria

Zoning Ordinance Chapter 10

P.C. RESOLUTION NO

CITY COUNCIL AGENDA REPORT

Transcription:

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. 2004102261 ) ) 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, 2005. 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 98502 (360) 786-5490/FAX (360) 754-2939

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 90.58. The SMPTR designates the project site as Rural Shoreline Environment. Exhibit 1, Staff Report, pages 1-2. 3. The Washington Revised Code (RCW) defines substantial development as a project that has a cost greater than $5,000. RCW 90.58.030(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 90.58.040; TCC 19.04. 1 The legal description of the property is Sections 12-14, Township 18 North, Range 3 West, Tax Parcel Number 12818120300. 2004102261 Page 2 of 6

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 9. 5. 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 20.02.030(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 20.02.030(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 3. 8. 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 197.11.800(23)(b); Exhibit 1, page 2, Exhibit 1, Attachment b, page 6. 11. 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 2004102261 Page 3 of 6

February 11, 2005. Notice was posted on the property on February 10, 2005. 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 36.70.970 and Thurston County Code 19.04.010(c). Criteria for Review: Review criteria for Substantial Development Permits are set forth in TCC 19.04.010 and WAC 173-27-140 and -150. 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 173-26 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: 2004102261 Page 4 of 6

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 19.04.010 and WAC 173-27-140 and 173-27-150. 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 2004102261 Page 5 of 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 13.56 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 13.56. 5. All requirements of TCC 13.56.290, Installations on roadway bridges and structures, shall be met. Decided this 28 th day of February, 2005. James M. Driscoll Hearing Examiner for Thurston County O:\apps\track\Planning\Amanda Save File\JARPA - Shoreline Substantial Development XC\Decisions\2004102261.decision.mud bay water.doc 2004102261 Page 6 of 6