Initial Project Review

Transcription

1 Pierce County Department of Planning and Land Services, 2401 South 35th Street, Tacoma, WA (253) Initial Project Review Shoreline Substantial Development Permit / Shoreline Conditional Use Permit: Taylor and Fleming Joint Use Dock and Boatlifts Applications: , , Parcels: (Taylor) (Fleming) Gig Harbor Peninsula Advisory Commission (PAC) Public Meeting: June 22, 2016, 6:30 p.m., City of Gig Harbor, 3510 Grandview, Southeast Entrance, Community Room A, Gig Harbor, WA Proposal: Shoreline Substantial Development Permit and Shoreline Conditional Use Permit to: Construct a 185-foot long joint-use dock: 125-foot x 6-foot pier, 40-foot x 4-foot ramp, and 30- foot x 8-foot float. Two (2) 20-foot x 10-foot boatlifts, one on each side of the float. Remove an existing dock, located on parcel (Taylor). No permit history was found for the dock, which appears to have been built between 1991 and The pier and ramp will be aluminum. The pier will have composite decking and will be supported by 6 float piles. The float will be wood framed with composite decking. The joint use dock and boatlifts will be accessory to existing single-family residences, one on each parcel. Project Location: 495 and th Avenue FI, Fox Island, WA, within Section 36, Township 21N, Range 01E, W.M., in Council District #7. Community Plan Area: Gig Harbor Peninsula Zone Classification: Rural 10 (R10) Shoreline Environment Designation: Rural Residential State Environmental Policy Act (SEPA): A SEPA checklist was submitted for this application. Planning and Land Services (PALS) has not yet concluded its environmental review. County Contact: Dave Risvold, Shoreline Planning Supervisor drisvol@co.pierce.wa.us, Pierce County Online Permit Information: Page 1 of 8

2 Project Data Complete Application Date: March 25, 2016 Initial Project Review Mailed: June 10, 2016 Property Owners: Collette and Tom Taylor th Avenue FI Fox Island, Washington Jeannine and Launie Fleming th Avenue FI Fox Island, WA Agent: Carl Halsan, Halsan Frey LLC PO Box 1447 Gig Harbor, WA carlhalsan@gmail.com Legal and Public Notice March 31, 2016: Notice of Application and Public Meeting Notice was sent to property owners within a radius of 300 feet, but not less than two parcels deep, around the exterior boundaries of the site. April 11, 2016: Public Notice sign was posted on the site, confirmed with a Declaration of Posting. June 8, 2016: Legal notice was published in the official County newspaper (Tacoma News Tribune), and Peninsula Gateway newspaper, advertising the Gig Harbor Peninsula Advisory Commission (PAC) public meeting. June 9, 2016: Legal notice was published in the Peninsula Gateway newspaper, advertising the PAC public meeting County Ortho Photo Page 2 of 8

3 Site Plan with Proposal Dock to be removed New dock and boatlifts Site Characteristics Taylor 1.07 acres One structure, a single family residence Existing bulkhead Existing dock Fleming 1.0 Acre Five structures. Four within shoreline jurisdiction No bulkhead Page 3 of 8

4 Comments from the Public and Agencies Staff received one comment letter from the Department of Ecology. Ecology comments were limited to noting the project is subject to the Conditional Use Criteria of WAC , and that the project is within the Tacoma Smelter Plume area. The County reviewing biologist and engineer have both commented on the project, noting no special review requirements. Initial Planning and Land Services (PALS) Staff Review for Consistency with applicable Regulations and Policies: Gig Harbor Peninsula Community Plan (Pierce County Code (PCC), Title 19B) Piers and docks should be permitted in the Urban, Rural-Residential, and Rural Shoreline Environments. Encourage environmentally friendly dock design (e.g., grated dock surfaces that allow light to pass through instead of traditional dock construction methods). Require the joint- use of piers and docks whenever possible. Create a system of incentives that will encourage adjacent property owners to share docks. Afford greater flexibility in joint-use facility design in cases that involve shallow water depths or other unusual circumstances. Maximum intrusion into water for any pier or dock shall extend only far enough to obtain a depth of 8 feet of water as measured at mean lower low water (MLLW) on saltwater shorelines. In circumstances when 8 feet of water depth cannot be attained because of a shallow bottom profile, the maximum intrusion into saltwater shall not exceed the lesser of 15 percent of the fetch or 150 feet on saltwater shorelines. In circumstances where these standards have been exceeded on abutting properties, it may be appropriate to average the length of the abutting docks if joint-use cannot be obtained. Staff Comment: The proposal is consistent with the Community Plan which would require a jointuse dock. However, at 185 feet total length, it is inconsistent with the allowance for maximum intrusion of the lesser of 15% of the fetch or 150 feet. Communication with the applicant s agent, Carl Halsan, indicates that the pier and float will be 50% grated, and the ramp 100%. This is generally consistent with the requirement for environmentally friendly design features. Pierce County Shoreline Master Program (Pierce County Code Title 19D.190 and Title 20) 1. Rural Residential Shoreline Environment Designation (SED)(PCC, Title 19D.190 and PCC Chapter 20.14) A. General. Rural Residential SED policies and regulations apply to the entire proposal. These policies and regulations are to be utilized in the review of both the shoreline substantial development permit and shoreline conditional use permit. Page 4 of 8

5 B. Definition and Purpose. The Rural-Residential Environment is an area of medium intensity land use, that is, having use types and densities which do not imply large-scale alterations to the natural environment. It is an area that will serve as a buffer between the highly intensive development of the urban environment and the non-intensive development of rural environment. It is an Environment Designation that will allow medium intensity residential, commercial and agriculture development. The purpose of assigning an area to a Rural-Residential Environment is to allow for a natural transitional area between the sometimes incompatible intensive land uses of urban areas and the agricultural uses, recreational uses, and open space found in the rural environment. C. General Regulations and Policies. Existing land use patterns that reflect a suburban environment and also by virtue of existing development do not have the potential for supporting intensive agricultural or recreational activities should be designated as a Rural-Residential Environment if urban expansion is not anticipated. Medium intensity residential uses should be encouraged in the Rural-Residential Environment in order to relieve pressure from urbanized areas and provide living area for those wishing to enjoy a less densely developed shoreline. D. Preferred Uses Single family residence. Neighborhood commercial uses such as small service establishments. Staff Comment: Staff finds that the proposal is consistent with the Rural Residential Shoreline Environment. 2. Dock A. General A shoreline substantial development permit is required as the proposal exceeds a fair market value of $6, \ B. Policies (PCC Title 19D.190, pages 37-38) Piers associated with single-family residences should be discouraged. In considering any pier, considerations such as environmental impact, navigational impact, existing pier density, parking availability, and impact on adjacent proximate land ownership should be considered. Encourage the use of mooring buoys as an alternative to space consuming piers such as those in front of single-family residences. Piers and floating docks should be encouraged to be built perpendicular to the shoreline rather than along it. Encourage pier construction to include larger spans on fewer pilings rather than smaller spans and more pilings. Piers in marine waters may provide habitat suitable for predatory fish with consequent detriment to young salmonids. When plastics or other non-degradable materials are used in pier construction precautions should be taken to insure their containment. The use of floating docks should be encouraged in those areas where scenic values are high and where conflicts with recreational boaters and fisherman will not be created. Page 5 of 8

6 Open-pile piers should be encouraged where shore trolling is important, where there is significant littoral drift, and where scenic values will not be impaired. Areas having a significant near shore fishery should not be used for floating docks. C. Regulations (PCC Chapter 20.56) Important navigational routes or marine oriented recreation areas will not be obstructed or impaired. Views from surrounding properties will not be unduly impaired. Ingress-Egress as well as the use and enjoyment of the water or beach on adjoining property is not unduly restricted or impaired. Public use of the surface waters below ordinary high water shall not be unduly impaired. A reasonable alternative such as joint-use, commercial or public moorage facilities does not exist or is not likely to exist in the near future. The use or uses of any proposed dock, pier or float requires, by common and acceptable practice, a shoreline location in order to function. The intensity of the use or uses of any proposed dock, pier and or float shall be compatible with the surrounding environment and land and water uses. In areas identified by the Department of Fisheries, Game or Natural Resources in accordance with a study in existence at the time of application as having a high environmental value for shellfish, fish life or wildlife, piers, docks and floats shall not be allowed unless functionally necessary to the propagation, harvesting, testing or experimentation of said marine or wildlife, unless it can be conclusively established that the dock, pier or float will not be detrimental to the natural habitat. All piers and docks shall be constructed and maintained in a safe and sound condition. Pilings employed in piers or any other structure shall have a minimum vertical clearance of one foot above extreme high tide. When plastics or other nondegradable materials are used in pier construction, precautions shall be taken to ensure their containment. For joint use piers and docks on saltwater, maximum intrusion into water should be only so long as to obtain a depth of eight of water as measured at mean lower low water, except that the intrusion into water of any pier or dock should not exceed the lesser of 15 percent of the fetch or 150 feet. Staff Comment: The dock is consistent in the sense that it extends only as far as needed to obtain a depth of approximately six feet. It is inconsistent in that it exceeds the 150-foot maximum length guideline. At 185 feet, the proposed dock is three times the length of the existing dock, and roughly 20% longer than the three adjacent docks located within the cove, each of which is 150 feet in length. Staff feels that, while it does not unduly impair views or restrict the public s ability to use the water, the dock does negatively affect those two issues. An existing dock will be removed as part of this project but, even with that removal, there will still be a net increase in the amount of dock present, as well as two additional boatlifts, in a cove within which are already three docks, four floats, and a dozen buoys (roughly) (see image on page 8 of 8). The applicant will need to show the line of extreme high tide to verify that pilings will have a minimum vertical clearance of one foot.boatlift Page 6 of 8

7 A. General. The Pierce County Shoreline Master Program does not address boatlifts in either the policies or regulations. Therefore, they are considered an unclassified use. Section of the regulations states that unclassified uses shall be considered a conditional use. Both the County Shoreline Master Program and Washington Administrative Code (WAC) have criteria for the granting of a conditional use permit. While shoreline substantial development permits only require approval by the Pierce County Hearing Examiner, shoreline conditional use permits also require approval by the Washington State Department of Ecology. B. Policies. The County does not have policies for boatlifts. C. Regulations (1) County Shoreline Conditional Use Permit Criteria (PCC Section ) That there is some necessity for a shoreline site for the proposed use or that the particular site applied for is essential for this use. The use will cause no unreasonably adverse effects on the environment or other uses. That water, air, noise, and other classes of pollution will not exceed the level customarily found in that particular environment. Design of the site will be compatible with the Master Program. The use will not interfere with public use or public shorelines. (2) State Shoreline Conditional Use Permit Criteria (WAC Chapter ) That the proposed use is consistent with the policies of RCW and the policies of the master program. That the proposed use will not interfere with normal public use of the shorelines. That the proposed use of the site and design of the project is compatible with other permitted uses within the area. The use will cause no unreasonable adverse effects on the environment in which it is located. That the public interest suffers no substantial detrimental effect. In the granting of all conditional use permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if conditional use permits were granted for other developments in the area where similar circumstances exist, the total of the conditional uses shall also remain consistent with the policies of RCW and shall not produce substantial adverse effects to the shoreline environment. Staff Comment: Staff feels the boatlifts, which would be attached on the north and south sides of the float, are generally consistent with the Conditional Use Criteria, and pose no unreasonable risk of adverse impact upon the environment nor interfere substantially with the public interest. However, it must also be acknowledged that a 185-foot long dock with two boatlifts affects the public s ability to use Puget Sound more than does the existing (approximately) 60-foot dock. Page 7 of 8

8 Staff also feels the lifts present potential shading impacts to the intertidal beyond that presented by traditional mooring practices, for two reasons: first, the lifts are permanent and result in shading year-round as opposed to boats which would, presumably, be removed from the water for some portion of the year; and second, one can logically assume that there would be periods of time when one or both boats are moored to the dock, instead of being placed in the lift, thus adding to the number of objects that create shade. Project Site Taylor-Fleming Joint Dock IPR PAC-DR.docx Page 8 of 8