HomeMy WebLinkAboutSHR2004-00026 Staff Report - SHR Reports - 1/13/2005 4
Mason County
Department of Planning
Building I * 411 N. 5th Street * P.O. Box 279
Shelton, Washington 98584 * (360) 427-9670
January 13, 2005
TO: Mason County Hearing Examiner
FROM: Planning Staff—Charles Mead McCoy III
RE: Mason County Shoreline Substantial Development Permit (SHR2004-00026).
STAFF REPORT
Introduction. This report evaluates a proposal for the construction of a new 4'X 40'
fixed pier constructed of Douglas Fir, 4 X 40' aluminum ramp and two floats (8' X 25'
and 6' X 20' formed as an"L"). Float to have grating. AZCA poles (8) and stub piles to
support structure. Total length not to exceed 100' from the Ordinary High Water Mark of
Hood Canal.
II. Applicant: William Jacobs
III. Agent: Amy Leitman,Marine Surveys and Assessments.
IV. Date of Complete Application: November 25, 2004.
V. Property Location: Site address and Project Location: 14221 E. State Route 106,
Belfair. Parcel #22221-50-00001.
VI. Evaluations.
Characteristics of the area. The general area is characterized by residential construction
along the south shore of Hood Canal. Waterfront residences are immediately east and
west of the project site. Several pier, ramp, and float structures are in the immediate
vicinity. Many are visible to the east and a single structure is immediately visible to the
west. Staff references the aerial photographs on page 32 and 34 of the biological
evaluation as informative regarding the water-related development on this reach of
shoreline.
Characteristic of the site. The site contains a single-family residence. Several other
residences exist east and west of the proposed pier location. As noted above, there are
several similar pier, ramp and float structures visible from and within 1/4 mile of the site.
Two recently approved pier,ramp and floats that have yet to be built (see staff discussion
for details).
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Comprehensive Plan Designation. The Mason County Comprehensive Plan designation
for the site is Rural.
Shoreline Master Program Designation. The Shoreline Master Program designation for
the site is Urban.
Zoning. The parcel is zoned Rural Residential 5 (RR-5).
SEPA Compliance and other public notice requirements. The proposal was reviewed
under SEPA, SEP2004-00099. Comments were received from Washington Department
of Ecology and incorporated into the conditions required for Building Permit approval.
No other comments were received from agencies or the public.
Other Permits. The proposal will require a Mason County Building Permit, Hydraulic
Project Approval from Washington Department of Fish and Wildlife (WDFW),
Washington Department of Ecology Water Quality Protection Concurrence, and US
Army Corps of Engineers (ALOE)NWP approval.
Analysis. Per the Mason County Shoreline Master Program (SMP), this proposal
requires a Shoreline Substantial Development due to the cost exceeding$5000 per
Section 7.13.010 and by reference to the Project Classifications matrix, Chapter 7.16.
The proposal is for a pier on an Urban-designated shoreline.
Applicable Piers and Docks Policies are:
1.Piers and docks should be designed and located to minimize obstruction of views and
conflicts with recreational boaters and fishermen.
Few, if any new view impacts will result from the emplacement of this pier, ramp and
float (PRF). This particular shoreline, as shown in several photos in the Biological
Evaluation and supplements, is a long, straight stretch that has many similar pier, ramp
and float structures in sight to the east and west. The clustered nature of the PRF's in
this area already limits close use of the shore by motorized boats at high tide.
Other pier facilities in the vicinity are at 16631 State Route 106, which was permitted in
December1998, 17411 State Route 106, which was permitted in December 1999 and
17521 State Route 106, which was permitted in February 1997.
3. The type, design and location of docks and piers should be compatible with the
shoreline characteristics,tidal actions, aesthetics, adjacent land and water uses.
See response to #1. Also, the floats are to have stops that will prevent the floats from
grounding out and disturbing the beach. This is a requirement of the Mason County SMP
and is commonly attached as a condition of approval.
Applicable Piers and Docks Use Regulations are:
1. The location and design of docks and piers, as well as the subsequent use shall
minimize adverse effects on fish, shellfish, wildlife and water quality.
As detailed in the Biological Evaluation, the shoreline environmental impacts of this
structure are minimal. The float and ramp additions have been configured to pose little
or no threat to natural resources. Staff cites the biological evaluation as informative in
this aspect and identifies no significant environmental threat from this individual
proposal.
2. Docks and piers shall be located, designed and operated to not significantly impact or
unnecessarily interfere with the rights of adjacent property owners,or adjacent water
uses. Structures shall be located a minimum of five feet from side property lines.
See discussion under Policy W. Per the site plan the structure will be a minimum of 5'
from the east most property line.
4. No pier, dock, or float or similar device shall have a residential structure constructed
upon it.
None proposed.
7. Maximum overall length of a recreational pier or dock facility, including
float, shall be only so long as to obtain a depth of three feet of water as measured at mean
lower low water on salt water. The length of any pier or dock shall not exceed the lesser
of 15%of the fetch or 100 feet from OHWM (ordinary high water mark) on salt water.
The pier, ramp and float are proposed at a total length of 100 , which is the maximum
allowed length for a pier. The terminus of the pier(afloat) is above the 0.0'of mean
lower low water.
8. Only one dock is allowed per lot.
This is the only pier on the lot.
9. The width of recreational piers and docks shall not exceed eight feet.
The maximum proposed width is eight feet.
10. At the end of a dock or pier, a float may be attached. These floats may either be
parallel to the dock or pier, or form a"T"or"L". IN tidal water, the float shall not
exceed 600 gross square feet with a boat slip.
The float surface area is 120 square feet.
13. Recreational piers shall be no higher than 11 feet above mean higher high water.
Piers and docks shall have at least an eight-foot span between pilings.
Pier height is 2'above mean higher high water.
14. The surface of floating structures shall be a minimum of eight inches above the
surface of the water.
As configured.
15. All floating structures shall include intermittent supports to keep structures off the
tidelands at low tide.
As noted in the discussion of Policy #3.
Applicable guidelines for Shorelines of Statewide Significance in the following order of
preference are:
#l: Recognize and protect the statewide interest over local interest;
The proposal avoids shading of eelgrass (Zostrea marina) beds, and minimizes beach
impacts through its design and material configuration. As detailed in the SCUBA survey
results of the biological evaluation, eelgrass was found during the SCUBA survey at a
horizontal distance of 154'from shoreline, which exceeds the most seaward projection of
the total structure length of the combined PRF of 100'. The biological evaluation notes
suggest that propeller scour would not be and issue due to eelgrass bed are
approximately 54'waterward of the terminus of the float.
Staff notes, that the cumulative impact of piers and docks is an issue that has received
limited consideration in permit review. Much of the Hood Canal shoreline is
characterized by narrow lots ranging from 50'to 150'wide. If these lots were all
permitted docks the shoreline character of certain parts of Hood Canal would be
drastically and detrimentally altered. However, this particular shoreline is a long
straight stretch that has many such structures visible. Staff suggests that this section of
shoreline already has been significantly altered.
#2: Preserve the natural character of the shoreline;
The float configuration will not, in and of itself, damage and/or destroy any eelgrass
beds. However, given the number and density of existing pier, ramp and float structures
it seems that boat use in the area is already quite intensive. The float stops will prevent
grounding of the float that would otherwise disturb nearshore substrate and potentially
harm midlittoral invertebrates and spawning beds for sand lance and surf smelt.
#4: Protect the resources and ecology of the shoreline;
The structure's size and configuration will not harm the ecology and resources of the
shoreline except as one of a number of docks having an undefined, undocumented
cumulative impacts. However, as noted in previous testimony on similar proposals, (e.g.
Evans shoreline case) there are no definitive data to suggest significant adverse
environmental impacts from dock construction.
Conclusions: Based upon these policies and regulations, the project appears to be
consistent with most of the Shoreline Master Program policies and use regulations
regarding piers and docks. Staff recommends approval subject to the following
conditions:
1. Floatation for the structure shall be entirely enclosed and contained to permanently
prevent the breakup or loss of the floatation material into the water.
2. Debris or deleterious material resulting from construction shall be removed from the
beach area and project site and shall not be allowed to enter waters of the State.
3. Developers and individuals shall be required to control erosion during construction.
4. Removal of vegetation should be minimized and any areas disturbed should be
restored to prevent erosion and other environmental impacts.
5. The surface of floating structures shall be a minimum of eight inches above the
surface of the water.
6. All floating structures shall include intermittent supports to keep structures off the
tidelands at low tide.
7. Pressure treated wood must be completely dry prior to placement in water. Use of
creosote or pentachlorophenol is prohibited.
8. All other necessary permits from Mason County, Washington State and/or Federal
Agencies that are required for this proposed development and construction must be
obtained PRIOR TO SAME DEVELOPMENT AND CONSTRUCTION and adhered to
upon completion of the development.
Choices of Action.
1. Approval.
2. Approve with conditions.
3. Deny(reapplication or resubmittal is permitted).
4. Deny with prejudice (reapplication or resubmittal is not allowed for one year).
5. Remand to for further proceedings and/or evidentiary hearing in accordance with
Section 15.09.090 of Title 15.
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STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
PO Box 47775 • Olympia, Washington 98504-7775 • (360) 407-6300
April 28, 2005 R C C
William Jacobs
14221 E State Route 106 MCCD - V--�_• i
Belfair WA 98528
Dear Mr. Jacobs:
Re: Mason County Permit#SHR2004-00026
JACOBS, WILLIAM -Applicant
Shoreline Substantial Development Permit#2005-SW-02682
Purpose of this letter:
This letter is to inform you that on April 21, 2005,the Department of Ecology received notice that Mason
County approved your application for a Shoreline Substantial Development Permit. The permit is to
construction of a new residential pier,ramp and float within shoreline jurisdiction of Hood Canal Chapter
90.58,Revised Code of Washington).
What happens next?
The law requires that you must wait at least twenty-one (21) days from the date that we received this
decision from Mason County before you begin the specific activities authorized by this permit. Therefore,
you cannot lawfully begin those activities until after May 12, 2005. This waiting period is to allow
anyone disagreeing with any aspect of your permit to appeal to the state Shorelines Hearings Board.
If anyone does appeal your permit, you must wait until the appeal is over before you start work. The
Shorelines Hearings Board will notify you by letter if they receive an appeal. To be sure that the
Shorelines Hearings Board has not received an appeal,we advise you to call them at(360)459-6327
before you begin work.
If this permit is NOT appealed,this letter constitutes the Department of Ecology's final notification of
action on this shoreline permit. Other federal, state and local permits may be required in addition to this
shoreline permit. If you have any questions I can be reached at(360)407-6520.
Sincerely,
Kim Van Zwale rg
Shoreline Specialist
Shorelands and Environmental
Assistance Program
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cc: Charles McCoy,Mason County ,N ,a Lvm�