HomeMy WebLinkAboutSHR2007-00003 Special Use Hearing - SHR Letters / Memos - 2/15/2007 March 22, 2007
Notice of Decision
Case: SHR2007-00009
Applicant: Jimmy Chen (For the Union Marina)
Notice is hereby given that Jimmy Chen,who is the applicant for the above-
referenced Shoreline Substantial Development Permit and Special Use Permit for
the Union Marina, has been granted the Shoreline Substantial Development Permit
and Special Use Permit. The request was approved pursuant to the Mason County
Shoreline Master Program and the Mason County Development Regulations,
specifically for the addition of Marine Fuel Service. A SEPA Mitigated
Determination of Non-significance was issued on January 22, 2007.
This is a final County decision. No further appeals to the County are available.
Appeal may be made to the Shorelines Hearings Board or the appropriate
administrative agency as regulations apply. It is the appellant's responsibility to meet
all legal requirements of any appeal process.
If you have questions or require clarification on these issues please contact Kell
McAboy, Land-Use Planner with Mason County at 360-427-9670 x363.
1
BEFORE THE HEARING EXAMINER FOR MASON COUNTY
2
Phil Olbrechts,Hearing Examiner
3
RE: Jimmy Chen/Union Marina i
4 FINDINGS OF FACT, CONCLUSIONS
5 Shoreline Substantial Development OF LAW AND FINAL DECISION
and Special Use Permit.
6 (SHR2007-00009)
7
g INTRODUCTION
9 The applicant has requested a shoreline substantial development and special use
10 permit to add fuel for retail sale at the existing Union Marina located on the south
shore of Hood Canal in Union, WA. The Examiner approves the request with
11 conditions.
12 ORAL TESTIMONY
13 See transcript.
14 EXHIBITS
15
See "Case Index" attached to Staff Report, dated February 15, 2007. In addition the
16 following Exhibits have been entered into the record during the hearing:
17 Exhibit 15:Email from Brian McGinnis dated February 20, 2007 to Kell McAboy.
Exhibit 16:Inter-departmental Communication date February 22, 2007 from John
18 Silva to Kell McAboy.
19 Exhibit 17:Inter-departmental Communication date February 26, 2007 from John
Silva to Kell McAboy.
20
FINDINGS OF FACT
21
Procedural:
22
23 1. Applicant. The applicant is Jimmy Chen. The applicant's agent and
representative is Kim Schaumburg. The complete application was submitted on
24 January 10, 2007.
75 2. Hearing. The Hearing Examiner conducted a hearing on the subject
application on February 27, 2007.
1 PA06552.40.DOC;1/13009.900"/)
Union Marina P. 1 Findings, Conclusions and Decision
3. Site Description/Proposal. The applicant proposes to add fuel for retail
1 sale at the existing Union Marina located on the south shore of Hood Canal in Union,
2 WA. A 6,000-gallon aboveground marine fuel storage tank will be added to the site
and include new fuel lines, which will be placed underground for 75' from the tank to
3 the existing dock, and then run under the dock to the pump on the float. Parking,
landscaping, stormwater control and a 1,200 gallon below ground pump-out sewage
4 tank with pump-out lines will also be included as required by the Shoreline Master
5 Program (SMP).
6 Lot dimensions are approximately 250' wide and 120' deep, with a curved shoreline at
the north east comer. Existing site improvements include a 50' by 120' two-story
7 mixed-use commercial building, a 1,440 square foot mobile home, two RV hook-up
sites, a drive through boat wash, concrete bulkhead stretching along the curved
8 shoreline for approximately 350 feet, and a commercial pier ramp and float that
reaches over 100' from the Ordinary High Water Mark (OHWM). Topography is flat.
9 There is no vegetation other than some grassy patches. Parking is currently allowed
10 randomly in front of the bulkhead and building. The parcel is zoned Rural
Commercial 3 or RC-3.
11
4. Characteristics of the Area. The area is the Union Rural Activity Center, a
12 center of small-scale commercial activity located along the south shore of Hood
Canal and S.R. 106. Existing surrounding land uses include the Country Store, Union
13 Bay Cafe and a County owned public boat launch.
14
5. Shoreline Master Program Designation. The Shoreline Master Program
15 environmental designation for the site is Urban Commercial per SMP
17.50.074(1)(d). Hood Canal is a Shoreline of Statewide Significance.
16
17 6. Adverse Impacts of Proposed Use. According to the Staff Report, the
applicant will implement the following to minimize adverse impacts of the proposed
18 use. To prevent leaks, the proposed fuel tank will be double-walled and the lines will
be doubled, which complies with US Coast Guard and Mason County regulations.
19 Also as a precaution, the existing septic system will be fitted with an alarm to prevent
overloading of the drainfield. A Pirana Sludgehammer will be added to the septic
20 system, which should reduce nitrogen levels and increase oxygen levels of effluents
21 to equal or higher than the Canal's levels. The underground pump-out storage tank
will be emptied on a regular basis. An existing boat washing area includes an oil
22 separator to filter used water, as approved by an NPDES permit. In addition,
WSDOE's Best Management Practices will be observed to ensure minimal impact
23 during construction. In response to questions from the Examiner the applicant
testified that gas spills should be minimal and overall the project will reduce spillage
24 into Hood Canal since currently, in the absence of any boat fueling facility, nearby
25 boaters must use fuel canisters to fuel their boats and this manual form of fueling
results in significantly more spillage. Further, spill kits will be made available at the
(PA0655240.DOC;1/13009.9000001)
Union Marina p. 2 Findings, Conclusions and Decision
marina to allow for expeditious clean up of any gas spills. As designed and mitigated
by staff the project should have no significant adverse impacts.
CONCLUSIONS OF LAW
3 Procedural:
4
1. Authority of Hearing Examiner. MCC 15.03.050(10) authorizes the
S Examiner to review and issue a final decision regarding shoreline substantial
6 development and special use permit applications.
7 Substantive:
8 2. Permit Review Criteria: MCC 15.09.55(a) requires a substantial
development permit for any substantial development within the shoreline jurisdiction.
9 The proposed project requires a substantial development permit because it is within a
10 shoreline jurisdiction and the cost of the project exceeds $5,000. MCC 15.09.055(f)
requires that permit applications for substantial development permits be subject to
11 review by the Hearing Examiner. MCC 15.09.055(f)(2)(C) provides that the
Examiner shall base a decision on a substantial development permit application on the
12 Shoreline Master Program for Mason County and the policies and procedures of
Chapter 90.58 RCW (the Shoreline Management Act). Hood Canal is a Shoreline of
13 Statewide Significance. The Mason County Shoreline Master Program is codified as
14 Chapter 17.50 to the Mason County Code, and policies towards commercial
development and marinas are set forth in Chapter IX of the Mason County
15 Comprehensive Plan. Under Mason County Development Regulation 1.04.342(B),
special permit is required for the retail sale of gas in areas zoned Commercial 3. The
16 review criteria for a special use permit application are governed by MCC 1.05.044.
17 The applicable shoreline policies and use regulations are quoted and addressed below.
18 Mason County Comprehensive Plan Chapter IX - Marinas - Policies:
19 Marina Policy 1: Marinas and boat launching facilities should be located in areas
where parking and access to the facility can be accommodated without causing
20 adverse impacts upon adjacent properties or endanger public safety.
21 3. The proposed project will be located at an existing Marina, which would
not have been approved if it did not provide parking and access without causing
✓� adverse impacts or endanger public safety.
23
Marina Policy 2: Proposals should be planned and developed where regional and
24 local evidence of substantial need exists.
25 4. According to the Staff Report, Exhibit 14 demonstrates the need for
proposed project. A conclusion reached as a result of surveys during the 2006
Comprehensive Plan update of the County's Parks and Trails Plan.
1PA0655240.DOC;1/13009.900000/}
Union Marina p. 3 Findings, Conclusions and Decision
1 Marina Policy 3: Shallow water embankments should not be considered for
overnight or long-term moorage facilities.
3 5. The proposed project does not impact the existing Marina's overnight or
long term moorage facilities.
4
Marina Policy 4: New construction should be aesthetically compatible with the
5 existing surroundings and not degrade existing views.
6 6. Proposed project will not degrade existing views because the aboveground
7 fuel storage tank will be relatively small compared to nearby structures and fuel lines
will be placed underground and under the existing dock. Pump-out sewage tank and
8 attached equipment will also be placed mostly underground. In addition, upgrades
associated with the proposal, such as landscaping and parking layout will enhance
9 public views of the shoreline and will improve the aesthetic quality of the existing
10 site.
I 1 Marina Policy 5: Marinas and public launch ramps are preferred rather than the
development of individual docks and piers for private, non-commercial pleasure
12 craft.
13 7. The existing Marina and the proposed project are public-use facilities.
14
Marina Policy 6: In locating marinas, special plans should be made to protect the
15 fish, shellfish, and other biological resources that may be harmed by construction and
operation of the facility.
16
8. Again, the proposed project constitutes improvements to an existing
17 Marina that has already been located; therefore, the Examiner assumes that the
18 Marina would not have obtained initial approval if it did not comply with applicable
policies like the one above.
19
Marina Policy 7: Special attention should be given to the design and development of
20 operational procedures for fuel handling and storage in order to minimize accidental
21 spillage and provide satisfactory means for handling those spills that do occur.
9. As noted in the Findings of Fact, the proposed fuel tank will be double-
walled and the lines will be doubled. According to the Staff Report, the facilities, as
23 proposed, are in compliance with US Coast Guard and Mason County regulations.
24 Shoreline Master Program 17.50.060 - Marinas -Use Regulations:
25
Marina Use Regulation 1: Marinas that provide overnight or long-term moorage
.shall not be located in areas with commercial aquacultural harvest.
1 PA0655240.DOC;1/13009.900000/1
Union Marina p. 4 Findings, Conclusions and Decision
1 10. Again, the proposed project constitutes improvements to an existing
2 Marina that has already been located; therefore, the Examiner assumes that the
Marina would not have obtained initial approval if it did not comply with applicable
3 use regulations like the one above.
4 Marina Use Regulation 2: Marinas shall be compatible with the general aesthetic
5 quality of the shoreline area where they are located.
6 11. As noted above, the proposed project includes improvements that will
enhance the general aesthetic quality of the existing Marina and shoreline.
7
Marina Use Regulation 3: Marinas and their accessory facilities shall be located,
8 designed, constructed and operated to minimize adverse effects on fish, shellfish,
wildlife and other biological resources, water quality, and existing geo-hydraulic
shoreline processes.
10
12. Again, the proposed project constitutes improvements to an existing
11 Marina that has already been located; therefore, the Examiner assumes that the
Marina would not have obtained initial approval if it did not comply with applicable
12 use regulations like the one above. Furthermore as noted above, precaution will be
taken to minimize adverse effects of the proposed project and to address requirements
13 of the above use regulation.
14
Marina Use Regulation 4: Marinas shall be located, designed, constructed and
15 operated so as to not substantially or unnecessarily interfere with the rights of
adjacent property owners, nor interfere with adjacent water uses.
16
13. The proposed project will likely enhance the adjacent land uses and will
17 not interfere with adjacent water uses. There is a restaurant located adjacent to and on
18 the east side of the Marina and the County's public boat launch is located adjacent to
and on the west side of the Marina. The proposed project is compatible with both
19 adjacent land uses.
20 Marina Use Regulation 5: Parking and loading areas shall be located well away
21 from the immediate waters' edge and beaches, unless there is no other practical
location for parking. Perimeters of parking areas shall be landscaped to minimize
22 visual impacts to the shorelines, roadways and adjacent properties subject to
approval by Public Works and/or Department of Transportation. Permit application
23 shall identify the size, general type and location of landscaping. Design of parking
and loading areas shall ensure that surface runoff does not pollute adjacent waters or
24 cause soil or beach erosion. Design shall provide for storm water retention, shall
25 comply with the Mason County Parking Ordinance, and shall be reviewed by Mason
County Department of Public Works for compliance with all applicable County
{PA0655240.DOC;1/13009.900000/}
Union Marina p. 5 Findings, Conclusions and Decision
Ordinances. Creation of parking areas by landfilling beyond OHW mark or i/i
1 biological wetlands is prohibited.
14. Parking stalls are located approximately 20-30 feet from the face of an
3 existing concrete bulkhead. A vegetative buffer is planned between parking and the
concrete bulkhead. Landscaping will include the use of native shrubs and ground
4 covers. The vegetative buffer that surrounds the Marina is a Run-off treatment BMP,
which will serve to intercept and filter pollutants. No landfilling will occur as a result
5 of the project.
6 Marina Use Regulation 6: Provisions shall be made to facilitate the orderly
7 circulation of vehicles and pedestrians in the vicinity of the marina.
8 15. The Marina access and parking area includes a hammerhead to facilitate
turnaround of larger vehicles and to expedite the departure of traffic from the site.
9 There will be walking paths in appropriate areas to accommodate pedestrian traffic.
1() Marina Use Regulation 7: Provisions shall be made to facilitate the orderly
1 l launching, retrieval and storage of boats.
12 16. There is an existing boat launch on the west side of the facility, operated
13 by the County and boat storage in the existing building on the site.
14 Marina Use Regulation 8: New marinas, or expansion of existing saltwater marinas
which provide moorage for more than ten boats, shall be required to be equipped
15 with easily accessible vessel pump-out and shall provide on-shore sewage and waste
disposal facilities. Each marina shall predominately display signs stating that
16 sanitary discharge of wastes is prohibited. Deviation from pump-out requirements on
17 saltwater shall require a Variance.
is 17. A 1,200-gallon below ground sewage holding tank will be added to the
site to provide vessel pump-out service. Existing on-shore sewage and waste disposal
19 facilities will be upgraded. It shall be a condition of approval that signs as required
under the above use regulation shall be displaced.
20
21 Marina Use Regulation 9: In sensitive areas, such as near certified shellfish
spawning areas, the applicant shall be required to demonstrate that the maximum
1 protection of shore features, water quality and existing uses will be provided.
23 18. Again, the proposed project constitutes improvements to an existing
Marina that has already been located; therefore, the Examiner assumes that the
24 Marina would not have obtained initial approval if it did not comply with applicable
25 use regulations like the one above. Also, the proposed project does not expand the
existing Marina(see Exhibit 12).
{PA0655M.DOC;1/13009.900000/}
Union Marina p. 6 Findings, Conclusions and Decision
Marina Use Regulation 10: Adequate illumination shall be required. Illumination
1 shall be designed and constructed to minimize off-site light and glare.
2 19. Again, the proposed project constitutes improvements to an existing
3 Marina that has already been located; therefore, the Examiner assumes that the
Marina would not have obtained initial approval if it did not comply with applicable
4 use regulations like the one above.
5 Marina Use Regulation 11: Physical and/or visual public access opportunities shall
6 be provided unless the proponent can demonstrate that such access is physically
unfeasible.
7
20. The existing Marina is open to and used by the public.
8
9 Marina Use Regulation 12:Restroom facilities shall be provided for public use.
10 21. As condition of approval, existing restroom facilities will be updated and
available for public use.
11
Marina Use Regulation 13: Associated uses shall be limited to those found
12 necessary to marina operation or which provide visual or physical access to the
shoreline to substantial numbers of the public. Associated uses shall conform to the
3 regulations for those uses.
14
22. Fuel service is a necessary and desired use for a fully functioning Marina
15 as noted in Conclusion of Law #4, above. The pump-out service is required per Use
Regulation#8.
16
Marina Use Regulation 14: Marina facilities shall project waterward the minimum
1 distance necessary to provide service to vessels, without creating a hazard to
18 navigation.
19 23. Again, the proposed project constitutes improvements to an existing
Marina that has already been located; therefore, the Examiner assumes that the
20 Marina would not have obtained initial approval if it did not comply with applicable
21 use regulations like the one above.
22 Marina Use Regulation 15: Marina and launching facilities shall be located to
minimize the need for initial and maintenance dredging, filling, beach feeding and
23 other channel maintenance activities.
24 24. Again, the proposed project constitutes improvements to an existing
25 Marina that has already been located; therefore, the Examiner assumes that the
Marina would not have obtained initial approval if it did not comply with applicable
use regulations like the one above.
1 PAO655 240.DOC;1/13009.900000/1
Union Marina p. 7 Findings, Conclusions and Decision
I Marina Use Regulation 16: Expansion of existing marinas shall be required to meet
2 the standards set forth for new development.
3 25. The proposed project constitutes improvements to an existing Marina.
According to the Staff Report, to the extent that such improvements constitute an
4 expansion, they meet the standards set forth for new development.
5 Mason County Comprehensive Plan Chapter IX - Commercial Development -
6 Policies:
7 Commercial Development Policy 1: Commercial development on shorelines should
be encouraged to provide physical and/or visual access to the shoreline, and other
8 opportunities for the public to enjoy the shoreline.
9 26. The addition of fuel and pump-out services at the Union Marina should
10 allow the public to further enjoy Hood Canal via boat (in particular,the south end).
11 Commercial Development Policy 2: Multiple use concepts, which include open
space and recreation, should be encouraged in commercial developments.
12
27. The Marina provides recreational opportunities, including boating and
13 kayaking.
14
Commercial Development Policy 3: Commercial development should be
15 aesthetically compatible with the surrounding area. Structures should not
significantly impact views from upland properties, public roadways or from the
16 water.
17 28. Again, as noted above, the proposed project is aesthetically compatible
18 with the surrounding area and should not impact the existing view.
19 Commercial Development Policy 4: The location of commercial developments
along shorelines should ensure the protection of natural areas or systems identified
20 as having geological, ecological, biological, or cultural significance.
21 29. Again, the proposed project constitutes improvements to an existing
Marina that has already been located; therefore, the Examiner assumes that the
JJ Marina would not have obtained initial approval if it did not comply with applicable
23 policies like the one above.
24 Commercial Development Policy 5: Commercial developments should be
25 encouraged to be located inland from the shoreline area unless they are dependent on
a shoreline location. Commercial developments should be discouraged over-water or
in marshes, bogs, swamps and,floodplains.
1 PA0655240.DOC;1/13009.900000/}
Union Marina p. 8 Findings, Conclusions and Decision
1 30. The Marina, as well as the proposed fuel and pump-out services are
inherently dependent on being on a shoreline location.
3 Commercial Development Policy 6: New commercial development in shorelines
should be encouraged to locate in those areas with existing commercial development
4 that will minimize sprawl and the inefficient use of shoreline areas.
31. The proposed fuel service will be located at the existing Union Marina,
5 which is area zoned for commercial uses in the Rural Activity Center of Union.
6 Commercial Development Policy 7: Parking facilities should be placed inland,
7 away from the immediate water's edge and recreational beaches.
8 32. The proposed parking is inland and will have a vegetative buffer planted
between it and the existing concrete bulkhead. The adjacent beaches are not
9 "recreational beaches" as the term is intended in the above policy.
l0
Commercial Development Policy 8: Commercial development should be designed
l l and located to minimize impacts of noise and/or light generated by the development
upon adjacent properties. Commercial developments, which generate significant
12 noise impacts, should be discouraged.
13 33. According to the Staff Report, the addition of fueling and pump-out
14 capabilities is not expected to increase noise and/or light glare at the Marina.
15 Shoreline Master Program 17.50.060 - Commercial Development - Use
Regulations:
16
Commercial Development Use Regulation 1: The County shall utilize the following
1 information in its review of commercial development proposals:
l8
Nature of the activity,_
19
34. The Union Marina is an existing facility. The addition of fueling and
pump-out capabilities will have a beneficial impact on the water quality of the Hood
21 Canal by decreasing pollution from boaters fueling with gas cans and illegally
dumping effluents.
22
Need for shore frontage;
23
35. As noted above in Conclusion of Law #30, a marina and its refueling and
24 pump-out services are water-dependant uses.
5 Special considerations for enhancing the relationship of the activity to the shoreline;
1 PA065 5 240.DOC;1/13009.900000/1
Union Marina P. 9 Findings, Conclusions and Decision
36. As noted above in Conclusion of Law #34, the proposed project should
1 have a beneficial impact on the water quality of the Hood Canal, as well as the
immediate shoreline. The vegetative buffer shall intercept and filter potential
- pollutants and create a more natural and aesthetically pleasing environment.
3
Provisions for public visual or physical access to the shoreline;
4 37. As noted above, the existing public view of the shoreline will not be
affected by the proposed project. The Marina is and will continue to operate as a
5 public facility.
6 Provisions to ensure that the development will not cause severe adverse
7 environmental impacts;
8 38. As noted above in Findings of Fact #6, the proposed fuel tank will be
double-walled and the lines will be doubled, which complies with US Coast Guard
9 and Mason County regulations. The existing septic system will be fitted with an alarm
10 to prevent overloading of the drainfield. A Pirana Sludgehammer will be added to the
septic system, which should reduce nitrogen levels and increase oxygen levels of
11 effluents to equal or higher than the Canal's levels. The underground pump-out
storage tank will be emptied on a regular basis. The existing boat washing area
12 includes an oil separator to filter used water, as approved by NPDES permit.
13 Provisions to mitigate any significant noise impacts;
14
39. According to the Staff Report, the operation of the refueling and pump-out
15 facilities, as proposed, should not create any significant noise impacts.
16 Provisions to mitigate light or lampacts.
17 40. According to the Staff Report, the proposed project is not expected to
18 cause any noticeable change in light or glare at the site as result of operation of
refueling and pump-out services.
19
Commercial Development Use Regulation 2: Commercial development may be
20 permitted on the shoreline in the following descending order of priority: water
21 dependent, water related and water oriented. Non-water related, nonwater dependent
and non-water oriented developments in an urban and rural environment may be
permitted by Substantial Development Permit when the parcel of land to be developed
Jy is a minimum of 100 feet from OHWM and is located on the upland side of a public
23 roadway, railroad right of way or government controlled property.
24 41. As noted above, a Marina is inherently water dependent; and therefore,
25 priority use is appropriate. The proposal to offer fuel and pump-out services will
improve the Marina's functionality.
1 PAo655M.DOC;1/13009.900000/1
Union Marina P. 10 Findings, Conclusions and Decision
Commercial Development Use Regulation 3: Parking and loading areas shall be
1 located well away from the immediate waters' edge and beaches, unless there is no
2 other practical location for parking. Perimeters of parking areas shall be landscaped
to minimize visual impacts to the shorelines, roadways and adjacent properties
3 subject to approval by Public Works and/or Department of Transportation. Permit
application shall identify the size, general type and location of landscaping. Design of
4 parking and loading areas shall ensure that surface runoff does not pollute adjacent
waters or cause soil or beach erosion. Design shall provide for storm water retention.
5 Parking plans shall be reviewed by Mason County Department of Public Works for
6 compliance with all applicable County Ordinances. Creation of parking areas by
landfilling beyond Ordinary High Water Mark or in biological wetlands is prohibited.
7
42. Again, as noted above, parking stalls are located approximately 20-30 feet
8 from the face of an existing concrete bulkhead. A vegetative buffer will be planted
between parking and the concrete bulkhead. Landscaping shall include the use of
9 native shrubs and ground covers. The vegetative buffer that surrounds the Marina is a
10 Run-off treatment EMT, which serves to intercept and filter pollutants. No landfilling
will occur as a result of the proposed project.
11
Commercial Development Use Regulation 4: Those portions of a commercial
12 development, which are not water dependent, are prohibited over the water.
13 43. As noted above, the proposed fuel and pump-out services at the Marina
14 are water dependent activities.
15 Commercial Development Use Regulation 5: Water supply and waste facilities
shall comply with the strictest established guidelines, standards and regulations.
16
44. The proposed project is not on a water supply or waste facility, therefore
17 the above use regulation is not applicable.
18
Commercial Development Use Regulation 6: New commercial developments shall
19 be located adjacent to existing commercial developments whenever possible.
20 45. As noted above, the proposed project is at the existing Union Marina,
21 which is located in the Rural Activity Center of Union. Surrounding land-uses are
commercial and recreation.
22
Commercial Development Use Regulation 7: New or expanded structures shall not
23 extend more than 35 feet in height above average grade level.
24 46. Proposed fuel tank/fence is less than 7 feet tall.
25 Commercial Development Use Regulation 8: Commercial developments adjacent
to aquaculture operations shall practice strict pollution control procedures.
1 PA0655M.DOC;1/13009.900000/)
Union Marina P. 11 Findings,Conclusions and Decision
1 47. According to the Staff Report, a vegetated filtration buffer (a runoff
2 treatment Best Management Practices, BMP) surrounding the Marina (and along the
shoreline located directly landward of an existing bulkhead), will be utilized to filter
3 storm water from a gravel parking lot on the site. Source Control BMPs, such as
eliminating illicit discharges of fuel and installing a double-walled fuel tank and lines
4 will be utilized to prevent pollutants from entering stormwater, and ultimately Hood
Canal. As noted in Exhibit 12, the proposal should not affect the approved
5 commercial shellfish growing area near the Marina.
6 Commercial Development Use Regulation 9: Commercial developments shall be
7 located and designed to minimize noise impacts on adjacent properties.
8 48. As noted above, the addition of fuel and pump-out services is not expected
to increase noise at the Marina. In addition, the proposed project constitutes
9 improvements to an existing Marina that has already been located; therefore, the
10 Examiner assumes that the Marina would not have obtained initial approval if it did
not comply with applicable use regulations like the one above.
11
Mason County Development Regulation 1.05.044 - Special Use Permit:
12
MCC 1.05.044(A): That the proposed use will not be detrimental to public health,
13 safety and welfare.
14
49. As noted above, the addition of fuel and pump-out services at the existing
15 Union Marina will have a beneficial impact on the water quality of the Hood Canal
by decreasing potential pollution from boaters who fuel with gas cans and/or illegally
16 dump effluents. From a safety standpoint, the proposed fuel tank shall be double-
walled and the lines shall be doubled, which complies with US Coast Guard and
17 Mason County regulations.
18
MCC 1.05.044(B): That the proposed use is consistent and compatible with the
19 intent of the comprehensive plan.
20 50. The proposed use is consistent and compatible with the intent of the
21 comprehensive plans as described above under the Marinas and Commercial
Development Policies and as stated by the Mason County Parks and Trails
Department in regard to the Parks and Trails Comprehensive Plan (Exhibit 14).
23 MCC 1.05.044(C): That the proposed used will not introduce hazardous conditions
at the site that cannot be mitigated through appropriate measures to protect adjacent
24 properties in the community at large.
2.5
51. As noted above, the proposed fuel storage tank shall incorporate
appropriate safety features that meet US Coast Guard and Mason County standards.
1 PA06552,40.DOQ 1/13009.900000/1
Union Marina p. 12 Findings, Conclusions and Decision
The tank shall be located on a 449 square foot concrete pad, enclosed with a fence
1 and a security gate.
2 MCC 1.05.0440: That the proposed use is served by adequate public facilities
3 which are in place, or planned as a condition of approval or as an identified item in
the County's Capital Facilities Plan.
4
52. The adjacent public boat ramp is operated by Mason County Parks and
5 Trails Department and is identified under the County's Capital Facilities Plan as
6 having two portable bathrooms. The proposed project includes the renovation of
existing restrooms and showers at the site, which will be available for public use. All
7 other public facilities are adequate.
8 MCC 1.05.044(E): That the proposed use will not have a significant impact upon
9 existing uses on adjacent lands.
10 53. As noted above,the proposed project will have a beneficial impact on both
adjoining properties. Users of the Public Boat Ramp to the west will be able to utilize
11 the Marina's upgraded restrooms and/or boating facilities. An existing restaurant to
the east will likely receive increased business from boaters visiting the Marina.
12 According to the Staff Report, the improved Marina will be an attractive,
environmentally friendly facility that has the potential to bring about an upgrade of
13 other businesses in the area.
14 MCC 1.05.044(F): If located outside the urban growth area, that the proposed use
15 will not result in the need to extend the urban services.
16 54. The Marina will be installing a standpipe for Fire Department hookup. It
will be making improvements to existing restrooms, septic, and parking. According
17 to the Staff Report, the addition of fuel and pump-out services at the site is not
18 expected to increase the need for urban services.
19 RCW 90.58.020: This policy (Shoreline Management Act policy) is designed to
insure the development of these shorelines (of the state) in a manner which, while
20 allowing for limited reduction of rights of the public in the navigable waters, will
21 promote and enhance the public interest. This policy contemplates protecting against
adverse effects to the public health, the land and its vegetation and wildlife, and the
waters of the state and their aquatic life, while protecting generally public rights of
navigation and corollary rights incidental thereto.
23
55. As noted above, the proposed project should help increase the rights of the
24 public in surrounding navigable waters by improving the functionality of the marina
25 for public use. According to the Staff Report, precautions are being taken to
minimize adverse impact on the environment. See Findings of Fact#6.
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Union Marina p. 13 Findings, Conclusions and Decision
RCW 90.58.020(1): Recognize and protect the state-wide interest over local interest.
1
2 56. As noted above, the project will improve the marina for public use, which
will increase opportunity for the public to enjoy Hood Canal. Better public access
3 and facilities to Hood Canal should decrease demand for private PRFs, thus
promoting responsible development of the shoreline in recognition of the State's
4 interest in shorelines of state-wide significance.
5 RCW 90.58.020(2): Preserve the natural character of the shoreline.
6 57. As noted above, the project is not of a magnitude that will affect the
7 existing natural character of the shoreline. In addition, improved landscaping and
buffering planned as part of the project.
8
9 RCW 90.58.020(3): Result in long-term over short-term benefit.
10 58. As noted above, the project will improve the marina for public use, which
will increase opportunity for the public to enjoy Hood Canal. Better public access
11 and facilities to Hood Canal should, in the long-term, decrease demand for private
PRFs resulting in responsible development of the shoreline.
12
13 RCW 90.58.020(4): Protect the resources and ecology of the shoreline.
14 59. As noted above in Conclusion of Law #34, the proposed project should
have a beneficial impact on the water quality of the Hood Canal, as well as the
15 immediate shoreline. The vegetative buffer shall intercept and filter potential
pollutants and create a more natural and aesthetically pleasing environment.
16
RCW 90.58.020(5): Increase public access to publicly owned areas of the
17 shorelines.
18
60. As noted above, the project will improve the marina for public use, which
19 should increase opportunity for the public to access and enjoy publicly owned areas
of the shorelines.
20
21 RCW 90.58.020(6): Increase recreational opportunities for the public in the
shoreline.
61. As noted above, the project will improve the marina for public use. This
23 should increase recreational opportunity for the public by improving service and
access to the shorelines.
24
25 MCC 15.09.055(C): Required Review: The Hearing Examiner shall review
proposed development according to the following criteria:
1 PA0655240.DOC;1/13009.900000/1
Union Marina p. 14 Findings, Conclusions and Decision
1. The development does not conflict with the Comprehensive Plan and meets
1 the requirements and intent of the Mason County Code, especially Title 6, 8, and 16.
2
2. Development does not impact the public health, safety and welfare and is
3 in the public interest.
4 3. Development does not lower the level of service of transportation and/or
neighborhood park facilities below the minimum standards established within the
5 Comprehensive Plan.
6 62. Addition of refueling and pump-out services to an existing marina should
7 not create additional demand on parks and transportation facilities and therefore,there
is no impact on their respective level of service. The pump-out service should reduce
8 the risk of sanitary waste being deposited in Hood Canal, and the project itself does
not involve any generation of sanitary waste, any alteration of lot lines and was issued
9 DNS after SEPA review; therefore, the project meets the requirements and intent of
10 MCC titles 6, 8 and 16. The project has employed all available reasonable mitigation
to reduce impacts on public health, safety and welfare and as such is in the public
1 interest.
12 DECISION
13 The Hearing Examiner approves the shoreline substantial development permit and the
14 special use permit for the project identified and described in the Staff Report and
Exhibits 1 through 17. Both permits are conditioned as recommended by staff, in
15 addition to the requirement that sufficient restroom facilities shall be provided to
accommodate anticipated increase use of the marina.
16
17 DATED thislu day of March, 2007
18
19
20 Phil Olbrechts
Mason County Hearing Examiner
21
22
23
24
25
1 PA0655240.DOC;1/13009.900000/}
Union Marina p. 15 Findings, Conclusions and Decision
SHR2007-00003 - 1 -
Mason County
Department of Planning
Building I * 411 N. 5th Street * P.O. Box 279
Shelton,Washington 98584
February 15 2007
TO: Mason County Hearing Examiner
FROM: Planning Staff—Kell McAboy; 360.427.9670 X363; kellm n,co.mason.wa.us
RE: Mason County Shoreline Substantial Development Permit(SHR2007-00003) and
Special Use Permit(DDR2007-00009).
STAFF REPORT
I. Introduction. This report evaluates an application for a Shoreline Substantial
Development and Special Use permit(SDP/SUP)to add fuel for retail sale at the existing
Union Marina located on the south shore of Hood Canal in Union, WA. A 6,000-gallon
aboveground marine fuel storage tank will be added to the site and include new fuel lines,
which will be placed underground for 75' from the tank to the existing dock, and then run
under the dock to the pump on the float. Parking, landscaping, stormwater control and a
1,200-gallon below ground pump-out sewage tank with pump-out lines will also be
included as required by the Shoreline Master Program (SMP). Staff is recommending
approval.
II. Applicants: Jimmy Chen
III. Agent: Kim Schaumburg
IV. Date of Complete Application: January 10, 2007
V. Site address and Project Location: South Shore of Hood Canal
5101 E. SR 106;Union, WA 98592. Parcel#32232-50-01001
VI. Evaluations.
A. Characteristics of the area. The area is the Union Rural Activity Center, a center of
small-scale commercial activity located along the south shore of Hood Canal and S.R.
106. Existing surrounding land uses include the Country Store,Union Bay Cafe and a
County owned public boat launch.
B. Characteristic of the site. Lot dimensions are approximately 250' wide and 120' deep,
with a curved shoreline at the north east corner. Existing site improvements include a
50' by 120' two-story mixed-use commercial building, a 1,440 square foot mobile
home,two RV hook-up sites, a drive through boat wash, concrete bulkhead stretching
SHR2007-00003 -2-
along the curved shoreline for approximately 350 feet, and a commercial pier ramp
and float that reaches over 100' from the Ordinary High Water Mark(OHWM).
Topography is flat. There is no vegetation other than some grassy patches. Parking is
currently allowed randomly in front of the bulkhead and building.
C. Comprehensive Plan Desi ation. The Mason County Comprehensive Plan
designation for the site is Rural Activity Center.
D. Shoreline Master Program Desi ai tp�ion. The Shoreline Master Program
environmental designation for the site is Urban Commercial per SMP 17.50.074 1.d.
Hood Canal is a Shoreline of Statewide Significance.
E. Zoning. The parcel is zoned Rural Commercial 3 (RC-3).
VII. SEPA Compliance and other public notice requirements. The proposal was reviewed
under SEPA, SEP2007-00008. A DNS was issued on 1/22/2007 (Exhibit 9). A Notice of
Application for Special Use Permit, Shoreline Management Permit and Notice of Public
Hearing, DDR2007-00009/SHR2007-00003 (Exhibit 5)was issued on 1/22/07,mailed on
1/23/07,posted on 1/26/2007 (Exhibit 7) and published on 1/18/2007 & 1/25/2007
(Exhibit 8). Comments have been received from Washington State Department of Health,
Shellfish&Water Protection(Exhibit 12),Department of Ecology(Exhibit 13) and
Mason County Parks and Trails Department(Exhibit 14).
VIII. Other Permits/Reports. Mason County Building Permit,Mason County Environmental
Health sewage/water permits,WSDOT Access Connection Permit and Geotechnical
Report.
IX. Analysis. A Comprehensive Plan Review: Type III review for permit applications require
that the Hearing Examiner evaluate the proposal for consistency with the County's
Development Code, adopted plans and regulations. The Hearing Examiner shall review
the proposal according to the following criteria:
1) The development does not conflict with the Comprehensive Plan and meets
the requirements and intent of the Mason County Code, especially Title 6, 8
and 16. The development does not conflict with the Comprehensive Plan and
meets all the requirements and intent of the Mason County Code.
2) The development does not impact the public health, safety and welfare and is
in the public interest. The development proposal will not impact the public
health, safety or welfare and is in the public interest.
3) The development does not lower the level of service of transportation and/or
neighborhood park facilities below the minimum standards established within
the Comprehensive Plan. The development proposal will not lower the LOS
for transportation and increases the LOS for parklrecreational facilities.
This proposal requires a Shoreline Substantial Development Permit per the Mason
County Development Code section 15.09.055 A.1. This SDP proposal is reviewed under
the Mason County Comprehensive Plan, Chapter IX. Shoreline Management Program,
including Shorelines of Statewide Significance and the Mason County Code, Shoreline
SHR2007-00003 -3-
Master Program(SMP) Chapters 17.50.060 Use Regulations. Marinas and Commercial
Development. The project requires a Special Use Permit per the Mason County
Development Regulations section 1.04.342 B,which is reviewed using the Decision
Criteria in section 1.05.044.
Mason County Comprehensive Plan Chapter IX
SHORELINE MANANGEMENT PROGRAM
IX-1 THE SHORELINE MANAGEMENT PROGRAM
Shorelines of Statewide Significance.
The Shorelines Management Act of 1971 has designated the following shoreline areas of
Mason County as shorelines of statewide significance:
1 Hood Canal
2 Lake Cushman
3 Skokomish River
The Act further states, concerning shorelines of statewide significance: "The
Legislature declares that the interest of all of the people shall be paramount in the
management of shorelines of statewide significance."The department, in adopting
guidelines for shorelines of statewide significance, shall give preference to uses in the
following order of preference which:
1 Recognize and protect the statewide interest over local interest;
2 Preserve the natural character of the shoreline;
3 Result in long term over short-term benefit;
4 Protect the resources and ecology of the shoreline;
5 Increase public access to publicly owned areas of the shoreline;
6 Increase recreational opportunities for the public in the shoreline;
7 Provide for any other element as defined in RCW 90.58.100 deemed appropriate or
necessary.
The proposal meets the above criteria, especially number 1 and 6, and should therefore
receive a preference as a use.
In the implementation of this policy the public's opportunity to enjoy the physical and
aesthetic qualities of the natural shorelines of the state be preserved to the greatest extent
possible consistent with the overall best interest of the state and the people generally. To
this end uses shall be preferred which are consistent with control of pollution and
prevention of damage to the natural environment or are unique to or dependent upon use
of the state's shoreline. Alterations of the natural condition of the shorelines of the state in
those limited instances when authorized, shall be given priority for...commercial
developments which are particularly dependent on their location on or use of the
shorelines of the state...
The proposal to add marine fuel service to the existing Union Marina is directly
dependent upon the use of the state's shoreline and shall be given priority as a use.
SHR2007-00003 -4 -
IX-2 SHORELINE MANAGEMENT PROGRAM POLICIES
Marinas
Definition
A commercial moorage with or without dry storage facility for over ten pleasure or
commercial craft excluding canoes, kayaks and rowboats. Goods or services related to
boating may be sold commercially. Uses associated with marinas shall conform to the
regulations for these uses.
Policies
1. Marinas and boat launching facilities should be located in areas where parking and access
to the facility can be accommodated without causing adverse impacts upon adjacent
properties or endanger public safety.
The proposed project will be located at an existing Marina, which will provide parking
and access without causing adverse impacts or endanger public safety.
2. Proposals should be planned and developed where regional and local evidence of
substantial need exists.
As described in Exhibit 14, there is evidence of public County support and need of the
proposed project as discovered through survey results during the 2006 Comprehensive
Plan update of the County's Parks and Trails Plan.
3. Shallow water embankments should not be considered for overnight or long-term
moorage facilities.
Not applicable.
4. New construction should be aesthetically compatible with the existing surroundings and
not degrade existing views.
Proposed project will not degrade existing views. Upgrades associated with the proposal,
such as landscaping and parking layout will enhance public views of the shoreline and
will improve the aesthetic quality of the existing site.
5. Marinas and public launch ramps are preferred rather than the development of individual
docks and piers for private,non-commercial pleasure craft.
The existing Marina and the proposed project are public-use facilities.
6. In locating marinas, special plans should be made to protect the fish, shellfish, and other
biological resources that may be harmed by construction and operation of the facility.
Existing Marina, not applicable.
7. Special attention should be given to the design and development of operational
procedures for fuel handling and storage in order to minimize accidental spillage and
provide satisfactory means for handling those spills that do occur.
The proposed fuel tank shall be double-walled and the lines shall be doubled, which
complies with U.S. Coast Guard and Mason County regulations.
SBR2007-00003 -5-
Commercial Development
Definition
Uses and facilities that are involved in wholesale or retail trade or business activities.
Water dependent commercial uses are those commercial activities that cannot exist in
other than a waterfront location and are dependent on the water by reason of the intrinsic
nature of its operation.
Policies
1. Commercial development on shorelines should be encouraged to provide physical and/or
visual access to the shoreline, and other opportunities for the public to enjoy the
shoreline.
The addition of fuel and pump-out services at the Union Marina will allow the public to
further enjoy Hood Canal via boat(in particular, the south end).
2. Multiple use concepts, which include open space and recreation, should be encouraged in
commercial developments.
The Marina provides recreational opportunities, including boating and kayaking.
3. Commercial development should be aesthetically compatible with the surrounding area.
Structures should not significantly impact views from upland properties,public roadways
or from the water.
The proposed project will not impact the existing view.
4. The location of commercial developments along shorelines should ensure the protection
of natural areas or systems identified as having geological, ecological,biological, or
cultural significance.
The proposed project will be located at an existing commercial development known as
the Union Marina.
5. Commercial developments should be encouraged to be located inland from the shoreline
area unless they are dependent on a shoreline location. Commercial developments should
be discouraged over-water or in marshes,bogs, swamps and floodplains.
The Marina and its proposed fuel service are dependent on a shoreline location.
6. New commercial development in shorelines should be encouraged to locate in those areas
with existing commercial development that will minimize sprawl and the inefficient use
of shoreline areas.
The proposed fuel service will be located at the existing Union Marina, which is in the
Rural Activity Center of Union.
7. Parking facilities should be placed inland,away from the immediate water's edge and
recreational beaches.
The proposed parking will have a vegetative buffer planted between it and the existing
concrete bulkhead. The adjacent beaches are not utilized for recreational use.
SHR2007-00003 -6-
8. Commercial development should be designed and located to minimize impacts of noise
and/or light generated by the development upon adjacent properties. Commercial
developments,which generate significant noise impacts, should be discouraged.
The addition of fueling and pump-out capabilities is not expected to increase noise
and/or light glare at the Marina.
Title 17.50 Zoning—Shoreline Master Program Use Regulations.
17.50.060 Use Regulations.
Marinas
1. Marinas that provide overnight or long-term moorage shall not be located in areas with
commercial aquacultural harvest.
Existing Marina, not applicable.
2. Marinas shall be compatible with the general aesthetic quality of the shoreline area where
they are located.
Proposed project will enhance the general aesthetic quality of the existing Marina and
shoreline.
3. Marinas and their accessory facilities shall be located, designed, constructed and operated
to minimize adverse effects on fish, shellfish,wildlife and other biological resources,
water quality, and existing geo-hydraulic shoreline processes.
As proposed.
4. Marinas shall be located, designed, constructed and operated so as to not substantially or
unnecessarily interfere with the rights of adjacent property owners,nor interfere with
adjacent water uses.
The proposed project will likely enhance the adjacent land uses and will not interfere
with adjacent water uses. There is a restaurant located adjacent to and on the east side of
the Marina and the County's public boat launch is located adjacent to and on the west
side of the Marina. The proposed project is compatible with both adjacent land uses.
5. Parking and loading areas shall be located well away from the immediate waters' edge
and beaches,unless there is no other practical location for parking. Perimeters of parking
areas shall be landscaped to minimize visual impacts to the shorelines,roadways and
adjacent properties subject to approval by Public Works and/or Department of
Transportation. Permit application shall identify the size, general type and location of
landscaping. Design of parking and loading areas shall ensure that surface runoff does not
pollute adjacent waters or cause soil or beach erosion. Design shall provide for storm
water retention, shall comply with the Mason County Parking Ordinance, and shall be
reviewed by Mason County Department of Public Works for compliance with all
applicable County Ordinances. Creation of parking areas by landfilling beyond OHW
mark or in biological wetlands is prohibited.
Parking stalls are located approximately 20-30 feet from the face of an existing concrete
bulkhead. A vegetative buffer shall be planted between parking and the concrete
bulkhead. Landscaping shall include the use of native shrubs and ground covers. The
SHR2007-00003 -7-
vegetative buffer that surrounds the Marina is a Run-off treatment BMP, which will serve
to intercept and filter pollutants. No landfilling will occur as a result of the project.
6. Provisions shall be made to facilitate the orderly circulation of vehicles and pedestrians in
the vicinity of the marina.
The Marina access and parking area includes a hammerhead to facilitate turnaround of
larger vehicles and to expedite the departure of traff c from the site. There will be
walking paths in appropriate areas to accommodate pedestrian traffic.
7. Provisions shall be made to facilitate the orderly launching, retrieval and storage of boats.
There is an existing boat launch on the west side of the facility, operated by the County
and boat storage in the existing building on the site.
8. New marinas, or expansion of existing saltwater marinas which provide moorage for
more than ten boats, shall be required to be equipped with easily accessible vessel pump-
out and shall provide on-shore sewage and waste disposal facilities. Each marina shall
predominately display signs stating that sanitary discharge of wastes is prohibited.
Deviation from pump-out requirements on saltwater shall require a Variance.
A 1,200-gallon below ground sewage holding tank will be added to the site to provide
vessel pump-out service. Existing on-shore sewage and waste disposal facilities will be
upgraded as proposed.
9. In sensitive areas, such as near certified shellfish spawning areas,the applicant shall be
required to demonstrate that the maximum protection of shore features, water quality and
existing uses will be provided.
Not necessary(existing Marina, no expansion, see Exhibit 12).
10. Adequate illumination shall be required. Illumination shall be designed and constructed
to minimize off-site light and glare.
No information.
11. Physical and/or visual public access opportunities shall be provided unless the proponent
can demonstrate that such access is physically unfeasible.
As proposed. The existing Marina is open to and used by the public.
12. Rest room facilities shall be provided for public use.
Existing restroom facilities will be updated and available for public use.
13. Associated uses shall be limited to those found necessary to marina operation or which
provide visual or physical access to the shoreline to substantial numbers of the public.
Associated uses shall conform to the regulations for those uses.
Fuel service is a necessary use for a fully functioning Marina. The pump-out service is
required per Use Regulation #8.
14. Marina facilities shall project waterward the minimum distance necessary to provide
service to vessels,without creating a hazard to navigation.
SHR2007-00003
Not applicable, existing dock.
15. Marina and launching facilities shall be located to minimize the need for initial and
maintenance dredging, filling,beach feeding and other channel maintenance activities.
None needed.
16. Expansion of existing marinas shall be required to meet the standards set forth for new
development.
As proposed.
Commercial Development
1. The County shall utilize the following information in its review of commercial
development proposals:
- nature of the activity;
The Union Marina is an existing facility. The addition of fueling and pump-out
capabilities will have a beneficial impact on the water quality of the Hood Canal by
decreasing pollution from boaters fueling with gas cans and illegally dumping effluents.
- need for shore frontage;
A marina is a water-dependant use.
• special considerations for enhancing the relationship of the activity to the shoreline;
The proposed project shall have a beneficial impact on the water quality of the Hood
Canal, as well as the immediate shoreline. The vegetative buffer shall intercept and filter
potential pollutants and create a more natural and aesthetically pleasing environment.
- provisions for public visual or physical access to the shoreline;
The existing public view of the shoreline will not be affected by the proposed project. The
Marina is and will continue to operate as a public facility.
- provisions to ensure that the development will not cause severe adverse environmental
impacts;
The proposed fuel tank shall be double-walled and the lines shall be doubled, which
complies with U.S. Coast Guard and Mason County regulations. The existing septic
system shall befitted with an alarm to prevent overloading of the drainfield. A Pirana
Sludgehammer'm shall be added to the septic system, which shall reduce nitrogen levels
and increase oxygen levels of effluents to equal or higher than the Canal's levels. The
underground pump-out storage tank shall be emptied on a regular basis. An existing boat
washing area includes an oil separator to filter used water, as approved by an NPDES
permit.
- provisions to mitigate any significant noise impacts;
The proposed project will not create any significant noise impacts.
-provisions to mitigate light or glare impacts.
SHR2007-00003 -9-
The proposed project is not expected to cause any noticeable change in light or glare at
the site.
2. Commercial development may be permitted on the shoreline in the following descending
order of priority: water dependent,water related and water oriented. Non-water related,
nonwater dependent and non-water oriented developments in an urban and rural
environment may be permitted by Substantial Development Permit when:
• The parcel of land to be developed is a minimum of 100 feet from OHWM and is
located on the upland side of a public roadway, railroad right of way or government
controlled property.
A Marina is water dependent and therefore a priority use. The proposal to offer fuel and
pump-out services will allow the Marina to function fully.
3. Parking and loading areas shall be located well away from the immediate waters' edge
and beaches, unless there is no other practical location for parking. Perimeters of parking
areas shall be landscaped to minimize visual impacts to the shorelines,roadways and
adjacent properties subject to approval by Public Works and/or Department of
Transportation. Permit application shall identify the size, general type and location of
landscaping. Design of parking and loading areas shall ensure that surface runoff does not
pollute adjacent waters or cause soil or beach erosion. Design shall provide for storm
water retention. Parking plans shall be reviewed by Mason County Department of Public
Works for compliance with all applicable County Ordinances. Creation of parking areas
by landfilling beyond Ordinary High Water Mark or in biological wetlands is prohibited.
Parking stalls are located approximately 20-30 feet from the face of an existing concrete
bulkhead. A vegetative buffer shall be planted between parking and the concrete
bulkhead. Landscaping shall include the use of native shrubs and ground covers. The
vegetative buffer that surrounds the Marina is a Run-off treatment BMP, which will serve
to intercept and filter pollutants. No landfilling will occur as a result of the project.
4. Those portions of a commercial development,which are not water dependent, are
prohibited over the water.
The proposed fuel and pump-out services at the Marina are water dependent activities.
5. Water supply and waste facilities shall comply with the strictest established guidelines,
standards and regulations.
Not applicable.
6. New commercial developments shall be located adjacent to existing commercial
developments whenever possible.
Proposed project will be located at the existing Union Marina, which is located in the
Rural Activity Center of Union. Surrounding land-uses are commercial and recreation.
7. New or expanded structures shall not extend more than 35 feet in height above average
grade level.
Proposed fuel tank hence is under 7 feet tall.
L
SBR2007-00003 - 10-
8. Commercial developments adjacent to aquaculture operations shall practice strict
pollution control procedures.
A vegetated filtration buffer(a runoff treatment Best Management Practices, BMP)
surrounding the Marina (and along the shoreline located directly landward of an existing
bulkhead), will be utilized to filter stormwater from a gravel parking lot on the site.
Source Control BMPs, such as eliminating illicit discharges of fuel and installing a
double-walled fuel tank and lines will be utilized to prevent pollutants from entering
stormwater, and ultimately Hood Canal. As indicated in Exhibit 12, the proposal will not
affect the approved commercial shellfish growing area near the Marina.
9. Commercial developments shall be located and designed to minimize noise impacts on
adjacent properties.
The addition of fuel and pump-out services is not expected to increase noise at the
Marina.
Mason County Development Regulations
1.05.44 Decision Criteria
The review of Special Use permit applications shall be in accordance with the following
criteria. Any application for a Special Use permit shall not be approved unless an affirmative
finding with regard to each of these criteria is made.
A. That the proposed use will not be detrimental to the public health, safety and welfare;
Affirmative. The addition of fuel and pump-out services at the existing Union Marina will
have a beneficial impact on the water quality of the Hood Canal by decreasing potential
pollution from boaters who fuel with gas cans and/or illegally dump effluents. From a
safety standpoint, the proposed fuel tank shall be double-walled and the lines shall be
doubled, which complies with U.S. Coast Guard and Mason County regulations.
B. That the proposed use in consistent and compatible with the intent of the Comprehensive
Plan;
Affirmative as described under the Marinas and Commercial Development Policies and
as stated by the Mason County Parks and Trails Department in regard to the Parks and
Trails Comprehensive Plan (Exhibit 14).
C. That the proposed use will not introduce hazardous conditions at the site that cannot be
mitigated through appropriate measures to protect adjacent properties an the community
at large;
Affirmative. As previously stated the proposed fuel storage tank shall incorporate
appropriate safety features that meet Coast Guard and Mason County standards. The
tank shall be located on a 449 square foot concrete pad, surrounded by a fence with a
security gate. It is not expected to present a greater hazard than a gas station.
D. That the proposed use is served by adequate public facilities which are in place, or
planned as a condition of approval or as an identified item in the County's Capital
Facilities Plan;
�I
SHR2007-00003
Affirmative. The adjacent public boat ramp is operated by Mason County Parks and
Trails Department and is identified under the County s Capital Facilities Plan as having
two portable bathrooms. The proposed project includes the renovation of existing
restrooms and showers at the site, which will be available for public use. All other public
facilities are adequate.
E. That the proposed use will not have a significant impact upon existing uses on adjacent
lands; and
Affirmative. The proposed project will have a beneficial impact on both adjoining
properties. Users of the Public Boat Ramp to the west will be able to utilize the Marina's
upgraded restrooms and/or boating facilities. An existing restaurant to the east will likely
receive increased business from boaters visiting the Marina. The improved Marina will
be an attractive, environmentally friendly facility that has the potential to bring about an
upgrade of other businesses in the area.
F. If located outside an Urban Growth Area that the proposed use will not result in the need
to extend urban services.
Affirmative. The Marina will be installing a standpipe for Fire Department hookup. It
will be making improvements to existing restrooms, septic, and parking. The addition of
fuel service at the site is not expected to increase the need for urban services.
X. Conclusions. The project as proposed meets all the minimum requirements of the SMP
policies and use regulations as well as the Special Use permit Decision Criteria. Staff
recommends approving this project as proposed.
If the Hearing Examiner approves this permit, staff recommends the following
conditions:
1. Predominately display at least two signs stating that sanitary discharge of wastes is
prohibited.
2. Provide to the Planning Department a planting plan identifying the size, general type
and location of plant species for the"Landscape Buffer Zone" as shown on the
proposed revised site plan. Upon approval by the Planning Department,planting plan
shall become a condition of the building permit for the proposed 6,000-gallon fuel
storage tank.
3. Removal of existing mobile home shall be required prior to issuance of a building
permit for the fuel storage tank.
4. No more than two RV spaces or RVs allowed on-site.
XI. Choices of Action.
1. Approve.
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 for further proceedings and/or evidentiary hearing in accordance with
Section 15.09.090 of Title 15.
MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT X -�-
Building III—426 west Cedar Street
P.O.Box 186,Shelton,WA 98584
(360)427-9670—Ext.352
SHORELINE PERMIT APPLICATION /
PERMIT NO. SHORELINE SUBSTANTIAL DEVELOPMENT V
SHORELINE VARIANCE
DATE RECEIVED SHORELINE CONDITIONAL USE
SHORELINE EXEMPTION
The Washington State Shoreline Management Act (RCW 90.58) requires that substantial developments within
designated shorelines of the state comply with its administrative procedures(WAC 173-14)and the provisions of the
Mason County Shoreline Management Master Program The purpose of this Act and local program is to protect the
state's shoreline resources. The program requires that substantial development(any development of which the total
cost or fair market value exceeds $5,000.00 or materially interferes with the normal public use of the water or
shorelines of the State be reviewed with the goals, polices, and performance standards established in the Master
Program
Answer all questions completely. Attach any additional information that my further describe the proposed
development. Incomplete applications will be returned.
APPLICANT: j
ADDRESS: G G ti
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(street) i
(city) (state)
TELEPHONE:
(home) (business)
AUTHORIZED REPRESENTATIVE: S)C 6A u A4 1 YrL
ADDRESS: % o Z !3A y V :1&
JJ /`1�
(street) V A u GP!) W,4
TELEPHONE: (city) ff J- S 7 7(, (state) (zip)
PROPERTY DESCRIPTION:
General location(include property address,water body and associated wetlands—identify the name of the
shoreline): 1jr)
I 'rnv- Si Q � 0 ,
_ � � l`r! o l
Legal description g p (include section, township, and range to the nearest quarter, quarter section or latitude and
longitude to the nearest minute. Projects located in open water areas away from land shall provide a longitude
location)—include all parcel numbers:
r UT al V J d� Cf9 N�4� 4.ND -f- T P Co ISL_
x 7? 6 -1
OWNERSHIP: Contract
Applicant Owner Lessee Purchaser (Identify) Other
Owner:
/ ti
f (street)42 f�3 7
(city) j U�(state) Gf (zip)
DEVELOPMENT DESCRIPTON
Development(identify and describe the proposed project,including the type of materials to be used,construction
methods,principle dimensions,and other rtinent information):
-'L A- 1 S a
eK i- �. �� r�t � ��ct � Lu t G/ be ec
D 3 w � ye 1
-t' rU ,, -ie &*Oeb sh Jze l% �f w d e oLc
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ce � eCu�/ y Rt P
Use(identify current use of property with exist improvements:
41
!h r✓ cI t/� V I'A hi I a
lt. /C'U OfL�O ► lvrGJu hel04v /louaG�
IF
/-)uA41)auf fAn 1 ices. A 11 Pf'a-yak bK�7'�ek +v�no4H�i� ie It,� �� A/tea•
,e�serr�is tatik a.4 zt. ceyl�c - 0 2 t
Reason for requesting development: C r°l'1-St/N j R k 6,4•f ,
ie � � e / 4y�'D n c
ACKOWLEDGEMENT
I hereby declare,to the best of Iny knowledge and belief,the forgoing information and all attached information is
true and correct.
�Z -1%"`
(appliAn� authgrmed esentative) (date)
TO BE COMPLETED BY LOCAL OFFICIAL
Identify and describe existing features of the site and surrounding area:
If proposed structures will exceed a height of 35 feet above the existing grade level,indicate the location of any
residential units that will have an obstructive view:
If a Conditional Use or Variance is requested,make reference to the appropriate section in the Master Program
I:\PLANNINGICHARELL&RENEFJSHORELINEPERMIT.APP REVISED: 01-05-2005
MASON COUNTY Xki 64 3
DEPARTMENT OF COMMUNITY DEVELOPMENT
APPLICATION FOR SPECIAL USE
A Special Use is one that possesses unique characteristics due to size, nature, intensity of use,
technological processes involved, demands upon public services, relationship to surrounding
lands, or other factors. The purpose of this application is to provide for adequate oversight and
review of such development proposals, in order to assure that such uses are developed in
harmony with surrounding land uses, and in a manner consistent with the intent of the
Development Regulations for Mason County; Ordinance No. 82-96. Acceptance of this
application by Mason County does not guarantee approval of request.
f}G e']7 2 S 5
Applicant name Telephone#
Mailing address
D &PN V,"C q
Site address S / O
Tax Parcel# 312 2 "3 Z
Legal Description
ifo01 C AL & ND #- co13 - )s�* 74 702-4
e 7EX �aType of Sp; eU 36 EX �—
Communications Tower
Accessory Dwelling Unit
Oversize Construction
Other
On a separate piece
p p ce of paper,please state your reasons for requesting a Special Use
Permit. Be sure to address the following six criteria, your request will be evaluated based on
these criteria.
1) Will the proposed use be detrimental to public health, safety, and welfare?
2) Will the proposed use be consistent and compatible with the intent of the Comprehensive
Plan?
3) Will the proposed use introduce hazardous conditions, at the site, that can not be
mitigated through appropriate measures to protect adjacent properties and the community
at large?
4) Is the proposed use served by adequate public facilities,which are in place, planned as a
condition of approval or as an identified item in the County's Capital Facilities Plan?
Special Use Permit: $920.00 - Hearings Examiner: $490.00
Applicant will also be billed for all advertising costs.Acceptance of this application,by Mason County does not guarantee
approval.
1:\PLANNING\C&RPAC\SPECiALUSE.PER REVISED:4/27/05
5) Will the proposed use have a significant impact upon existing uses on adjacent lands?
6) If located outside of an Urban tlrowm Area,will the proposal resuit in the neeu Lo extend
urban services?
7) Please provide a site plan that includes the following:
❑ Indicate Scale and North Arrow
❑ Property line dimensions,easements,and right-of--ways.
❑ The location of all existing and proposed structures.Include square footage of existing and proposed
structures.
❑ Setback distance,in feet from all property lines and structures.
❑ Existing and proposed road access to and from the site.
❑ Parking sites
O Location of on-site sewage tanks and drainfields.
❑ Location of drinking water supply.Include location on the proposed site and surrounding parcels.
❑ Steep bluffs,wetlands,streams,and bodies of water
❑ Location of fire hydrants and emergency vehicle access roads,including grade.
❑ Surface and storm water run-off routes.
Applicant(s)signature_A-
Special Use Permit: $920.00 - Hearings Examiner: $490.00
Applicant will also be billed for all advertising costs.Acceptance of this application,by Mason County does not guarantee
approval.
1:\PLANNING\C&RPAC\SPECIALUSE.PER REVISED:04/27/05
SPECIAL USE PERMIT: justification for approval
Mason County regulations state that a Special Use Permit is required for an above-ground
fuel storage tank.
THE SIX CRITERIA:
I) Will the proposed use be detrimental to public health, safety, and welfare?
No. The addition of fueling and pumpout capabilities at the existing Union Marina will
have a beneficial impact on the water quality of the Hood Canal by decreasing potential
pollution from boaters who fuel with gas cans and/or illegally dump effluents. From a
safety standpoint, the proposed fuel tank shall be double-walled and the lines shall be
doubled, which complies with U.S. Coast Guard and Mason County regulations.
2) Will the proposed use be consistent and compatible with the intent of the Comprehensive
Plan?
Yes. As per the Mason County Shoreline Master Program, Commercial Uses/Marinas:
Commercial development on shorelines should be encouraged to provide physical and/or visual
access to the shoreline, and other opportunities for the public to enjoy the shoreltle.
The addition of fuel and pumpout services at the Union Marina will allow the public to
further enjoy Hood Canal via boat(in particular, the south end).
Multiple use concepts that include open space and recreation should be encouraged in
commercial developments
r,,._.,.
The Marina provides recreational opportunities, including boating and kayaking.
Commercial development should be aesthetically compatible with the surrounding area.
Structures should not significantly impact views from upland properties, public roadways or from
the water.
The proposed project will not impact the existing view.
The location of commercial developments along shorelines should ensure the protection of
natural areas or systems identified as having geological, ecological, biological, or cultural
significance.
The proposed project shall not change the existing location of the Marina.
Commercial developments should be encouraged to be located inland from the shoreline area
unless they are dependent on a shoreline location. Commercial developments should be
discouraged over-water or in marshes, bogs, swamps, and floodplains.
The Marina is dependent on a shoreline location.
New Commercial Development in shorelines should be encouraged to locate in those areas with
existing commercial development that will minimize sprawl and the inefficient use of shoreline
areas.
The Union Marina is an existing facility.
Parking Facilities should be place inland, away from the immediate water's edge and recreational
beaches.
There will be a vegetation buffer planted between the bulkheaded shoreline and planned
parking at the site. The adjacent public boat ramp accesses the beach, but it is not an
appropriate site for a recreational beach, considering the close proximity of the Marina's
ramp and docks.
Commercial development should be designed and located to minimize impacts of noise and/or
light generated by the development upon adjacent properties. Commercial developments which
generate significant noise impacts should be discouraged.
The addition of fueling and pumpout capabilities is not expected to increase noise at the
Marina.
The County shall utilize the following information in its review of commercial development
proposals:
Nature of the activity; The Union Marina is an existing facility. The addition of fueling and
pumpout capabilities will have a beneficial impact on the water quality of the Hood Canal
by decreasing pollution from boaters fueling with gas cans and illegally dumping
effluents.
Need for shore frontage; A marina is a water-dependant use.
Special considerations for enhancing the relationship of the activity to the shoreline; The
proposed project shall have a beneficial impact on the water quality of the Hood Canal, as
well as the immediate shoreline. The vegetation buffer shall intercept and filter potential
pollutants and create a more natural and aesthetically pleasing environment on a parcel
that has been a commercial eyesore for years.
Provisions for public visual or physical access to the shoreline; The existing view will not be
affected by the proposed project. The Marina is and will continue to operate as a public
facility.
Provisions to ensure that the development will not cause severe adverse environmental impacts:
The proposed fuel tank shall be double-walled and the lines shall be doubled, which
complies with U.S. Coast Guard and Mason County regulations. The existing septic
system shall be fitted with an alarm to prevent overloading of the drainfield. A Pirana
Sludgehammer TM shall be added to the septic system, which shall reduce nitrogen levels
and increase oxygen levels of effluents to equal or higher than the Canal's levels. The
underground pumpout storage tank shall be emptied on a regular basis. An existing boat
washing area includes an oil separator to filter used water, as approved by an NPDES
permit.
Provisions to mitigate any significant noise impacts; The proposed project will not create any
significant noise impacts greater than noise normal to a business located on a State
Highway.
Provisions to mitigate light or glare impacts; The proposed project is not expected to cause
any noticeable change in light or glare at the site.
Commercial development may be permitted on the shoreline in the following descending order of
priority: water dependent, water related and water oriented....A Marina is water dependent. A
properly functioning Marina offers fuel and pumpout services.
Parking and loading areas shall be located well away from the immediate waters' edge and
beaches, unless there is no other practical location for parking. Perimeters of parking areas shall
be landscaped to minimize visual impacts to the shorelines, roadways and adjacent properties
subject to approval by Public Works and/or Department of Transportation. Permit application
shall identify the size, general type and location of landscaping. Design of parking and loading
areas shall ensure that surface runoff does not pollute adjacent waters or cause soil or J beach
erosion. Design shall provide for storm water retention. Parking plans shall be reviewed by
Mason County Department of Public Works for compliance with all applicable County Ordinances.
Creation of parking areas by landfilling beyond OHW mark or in biological wetlands is prohibited.
There is no other practical area for parking at the proposed vegetation project site. A ve
p g
buffer shall be planted between parking and the bulkheaded shoreline. Landscaping shall
include the use of native shrubs and ground covers. The vegetation buffer that surrounds
the Marina is a Run-off treatment BMP, which will serve to intercept and filter pollutants.
No landfilling will occur as a result of the project.
Those portions of a commercial development which are not water dependent are prohibited over
the water.
The addition of fueling and pumpout capabilities at the Marina are both water dependent
activities.
New Commercial developments shall be located adjacent to existing commercial developments
whenever possible.
The proposed additions shall be integrated into the existing Marina facility.
New or expanded structures shall not extend more than 35 feet in height above average grade
level.
The proposed above ground fuel tank shall be approx. 75 inches in height.
Commercial developments adjacent to aquaculture operations shall practice strict pollution
control procedures.
There are no aquaculture operations adjacent to the existing Marina. As previously
discussed, the proposed project activities have been planned with an emphasis on safety
and water quality.
Commercial developments shall be located and designed to minimize noise impacts on adjacent
properties.
The proposed project is not expected to significantly increase noise in the area.
Marinas shall be compatible with the general aesthetic quality of the shoreline area where they
are located.
The shoreline in the immediate area is zoned urban commercial and does not presently
offer a highly pleasing view. The proposed project will upgrade the facility and provide
landscaping to improve the aesthtic quality of the site.
Marinas shall be located, designed, constructed, and operated so as to not substantially or
unnecessarily interfere with the rights of adjacent property owners, nor interfere with adjacent
water uses.
The existing Marina and the proposed project should bring added business to adjacent
property owners with commercial operations. Adjacent water uses shall not be affected.
Provisions shall be made to facilitate the orderly circulation of vehicles and pedestrians in the
vicinity of the marina.
The Marina access and parking area includes a hammerhead to facilitate turnaround of
larger vehicles and to expedite the departure of traffic from the site. There will be walking
paths in appropriate areas to accommodate pedestrian traffic.
Provisions shall be made to facilitate the orderly launching, retrieval, and storage of boats.
There is an existing boat launch on the west side of the facility and boat storage in the
existing building on the site.
Restroom facilities shall be provided for public use.
Existing restroom facilities shall be updated and available for public use.
3) Will the proposed use introduce hazardous conditions, at the site, that cannot be mitigated
through appropriate measures to protect adjacent properties and the community at large?
No. As previously stated the proposed fuel storage tank shall incorporate appropriate
safety features that meet Coast Guard and Mason County standards. The tank shall be
located on concrete pad, surrounded by a fence with a security gate. It is not expected to
present a greater hazard than a gas station.
4) Is the proposed use served by adequate public facilities, which are in place, planned as a
condition of approval or as an identified item in the County's Capital Facilities Plan?
The adjacent public boat ramp is operated by Mason County and is identified under the
County's CFP as having two portable bathrooms. The proposed project includes the
renovation of existing restrooms and showers at the%ite, which will be available for public
use.
5) Will the proposed use have a significant impact upon existing uses on adjacent lands?
Yes. The proposed project will have a beneficial impact on both adjoining properties.
Users of the Public Boat Ramp to the west will be able to utilize the Marina's upgraded
restrooms or boating facilities. A restaurant to the east will likely receive increased
business from boaters visiting the Marina. The improved Marina will be an attractive,
environmentally friendly facility that has the potential to bring about an upgrade of other
businesses in the area.
6) If located outside of an Urban Growth Area, will the proposal result in the need to extend
urban services?
No. The Marina will be installing a standpipe for Fire Department hookup. It will be
making improvements to existing restrooms, septic, and parking. The addition of fuel
service at the site is not expected to significantly increase the need for urban services.
'know
r �
44
A
bL471 .1
i
d
' O
I II
NOTICE OF APPLICATION
FOR SPECIAL USE PERMIT,
SHORELINE MANAGEMENT PERMIT AND
NOTICE OF PUBLIC HEARING
Notice is hereby given that Jimmy Chen has filed an application for a Special Use
Permit DDR2007-00009 for a 6,000 gallon above ground marine fuel storage tank and
service. This permit is required per Mason County Development Regulations Section
1.04.342 B. Development proposal also requires a Shoreline Substantial Development
permit SHR2007-00003 per the Mason County Shoreline Master Program.
Site Address and Project Location: 5101 E. SR 106,Union,WA 98592
Parcel Number: 32232-50-01001
Zoning: Rural Commercial 3 (RC3)
Date of Application: January 10, 2007
A PUBLIC HEARING will be held by the Mason County Hearings Examiner regarding
the proposed project on Tuesday, February 27, 2007 at 1:00 p.m. in the
Commissioner's Chambers Building I, 411 North Fifth Street, Shelton, WA. If special
accommodations are needed,contact the Commissioner's Office, (360)427-9670.
Any person desiring to express their views or to be notified of the action taken on the
application should come to the public hearing on February 27, 2007 or mail comments
to Kell McAboy, Land Use Planner,Mason County Dept. of Community Development,
PO Box 279, Shelton, WA 98584. The comment period is at least 30 days from the final
date of publication given pursuant to WAC 173-14-020. The final date of publication,
posting, or mailing of notice is 1/25/2007. DDR/SHR comments are accepted up to the
close of the Hearing.
A Determination of Nonsignificance was issued on 01/22/2007 under WAC 197-11-340.
Written comments regarding this determination must be received by 02/05/2007.
Please contact Kell McAboy of the Mason County Dept. of Community Development at
(360)427-9670 ext. 363, or at the address listed above, with questions regarding this
permit application.
AFFIDAVIT OF POSTING NOTICE
STATE OF WASHINGTON )
COUNTY OF MASON ss.
l' do hereby certifyo that I posted copies of
the attached N o
on 2.(.0 day of 20 0—1 in 3
public places as follows:
one at l�l►�;�„ t�o$� ,CE'_
one at �eS� � �.� 'aroP �LA
one at
In witness whereof, the party has signed this Affidavit of Posting Notice this Z(Q da
y
of Gl.YL1 , 2001
By:
Address:
STATE OF WASHINGTON )
COUNTY OF MASON ss.
Subscribed and sworn to me this- sue day ofOrLCk3-r
20�
#0'��, Notary Public h to of Washington
Residing at
Commission Expires
�ry
x
NOTICE OF APPLICATION
FOR SPECIAL USE PERMIT,
Affidavit of Publication
SHORELINE MANAGEMENT PERMIT
AND NOTICE OF PUBLIC HEARING
Notice is hereby given that Jimmy Chen l
has filed an application for a Special Use STATE OF WASHINGTON I SS,
Permit DDR2007-00009 for a 6,000 gallon COUNTY OF MASON
above ground marine fuel storage tank and
service. This permit is required per Mason Julie G.Orme being first duly sworn
County Development Regulations Section
1.04.342 B. Development proposal also
requires a Shoreline Substantial Develop- on oath deposes and says that she is the clerk
ment permit SHR2007-00003 per the Mason of the SHELTON-MASON COUNTY JOURNAL, a weekly newspaper. That
County Shoreline Master Program. said newspaper is a legal newspaper and it is now and has been for more than six
Site Address and Project Location:5101 months prior to the date of the publication hereinafter referred to, published in
E,SR 106,Union,WA 98592 the English language continuously as a weekly newspaper in SHELTON,Mason
Parcel Number:32232-50-01001 County,Washington,and it is now and during all of said time was printed in an
Zoning:Rural Commercial 3(RC)2
Date of Application:January 10007 office maintained at the aforesaid place of publication of said newspaper. That
A PUBLIC HEARING will be held by the the said SHELTON-MASON COUNTY JOURNAL was on the 9th day of
Mason County Hearings Examiner regarding August, 1941, approved as a legal newspaper by the Superior Court of said
the proposed project on Tuesday,February Mason County.
27,2007 at 1:00 p.m.in the Commissioner's
Chambers Building I,411 North Fifth Street, That the annexed is a true copy of a Notice of Application For Special
Shelton,WA. If special accommodations are
needed, contact the Commissioner's Office,
(360)427-9670. Use Permit and Shoreline Mgmt Permit and Notice of Public Hearing
Any person desiring to express their views
or to be notified of the action taken on the Jimmy Chen
application should come to the public hear- as it was published in regular issues and not in supplement form of said
ing on February 27,2007 or mail comments
to Kell McAboy, Land Use Planner, Mason newspaper once each week for a period of two
County Dept. of Community Development, consecutive weeks,commencing on the
PO Box 279, Shelton,WA 98584.The com-
ment period is at least 30 days from the final
date of publication given pursuant to WAC 18th day of January ,20 07 and ending on the
173-14-020. The final date of publication,
posting, or mailing of notice is 1/25/2007, 25th day of January 120 07 both dates inclusive,
DDR/SHR comments are accepted up to the and that such newspaper was regularly distributed to its subscribers during all of
close of the Hearing. , the said period.That the full amount of the fee charged for the
A Determination of Nonsignificance was
issued on 1/16/2007 under WAC 197-11
340.Written comments regarding this deter foregoing publication is the sum of$ 100.00
mination must be received by 1/30/2007.Please contact Kell McAboy of the Mason `id 00H 0
County Dept.of Community Development at
(360) 427-9670 ext. 363, or at the address Subscribed and sworn to before me this 25th day of
listed above, with questions regarding this NIt%t111I11f����
permit application. Janu 20 07 ������, L�•
1/18-25 2t
1-T A Tiv
••••• $ION .
� •• ���
Notary Public inVt)helton,
for the State of Washiato gOTApr
Residing Washington
My commission expires 320 AV8��G r•
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2 AGENCY USE ONLY
Agency Reference#: Date Received:
Circulated By:: local govt. or agency) 1
JOINT AQUATIC RESOURCES PERMIT APPLICATION FORM (DARPA)
(for use in Washington State)
PLEASE TYPE OR PRINT IN BLACK INK
❑I am applying for a Fish Habitat Enhancement Project per requirements of RCW 75.20.350. You must submit a copy of this
completed JARPA application from, and the (Fish Habitat Enhancement JARPA Addition) to your local Government Planning
Department and Washington Department of Fish & Wildlife Area Habitat Biologist on the same day.
NOTE: LOCAL GOVERNMENTS -You must submit any comments on these projects to WDFW within 15 working day
Based on the instructions provided,I am sending copies of this application to the following: (check all that apply)
17 Local government for shoreline: 0 Substantial Development ❑Conditional Use ❑Variance ❑Exemption;❑Revision
❑Floodplain Management ❑Critical Areas Ordinance
❑O Washington Department of Fish and Wildlife for HPA(Submit 3 copies to WDFW Region)
17 Washington Department of Ecology for 401 Water Quality Certification Nationwide Permits(to Regional office-Federal Permit Unit)
❑Washington Department of Natural Resources for: ❑Aquatic Resources Use Authorization Notification
❑ Corps of Engineers for: ❑Section 404 ❑Section 10 permit
❑Coast Guard for: ❑Section 9 Bridge Permit
❑ US Fish$Wildlife Service or National Marine Fisheries Service for Endangered Species Act ESA Consultation
SECTION A-Use for all pennits covered by this application. Be sure to also complete Section C(Signature Block)for all permit applications.
1.APPLICANT
Jimmy Chen (Chen Shou Jen) and Dana Chen (Hu Deh Fung)
MAILING ADDRESS
106 N Meridian, Puyallup WA 98371
WORK PHONE E-MAIL ADDRESS HOME PHONE FAX
If an agent is acting for the applicant during the permit process,complete#2.
2.AUTHORIZED AGENT
Kimberly Schaumburg
MAILING ADDRESS
10112 Bayview Rd. KPN, Vaughn WA 98394
WORK PHONE E-MAIL ADDRESS HOME PHONE FAX#
(253) 225-2973 kimberly035@centurytel.net (253) 884-5776
3.RELATIONSHIP OF APPLICANT TO PROPERTY: 0 OWNER ❑PURCHASER O LESSEE ❑OTHER:
4.NAME,ADDRESS,AND PHONE NUMBER OF PROPERTY OWNER(S),IF OTHER THAN APPLICANT:
5.LOCATION(STREET ADDRESS,INCLUDING CITY,COUNTY AND ZIP CODE,WHERE PROPOSED ACTIVITY EXISTS OR WILL OCCUR)
5101 E SR 106, Union, Mason County, 98592
LOCAL GOVERNMENT WITH JURISDICTION(CITYORCOUNTY Mason County
WATERBODY TRIBUTARY OF WRIAX
Hood Canal Puget Sound
114 SECTION SECTION TOWNSHIP RANGE GOVERNMENT LOT SHORELINE DESIGNATION
NW of NW 32 22N 03W 4 Urban Commercial
LATITUDE AND LONGITUDE IF KNOWN ZONING DESIGNATION
N47.213 W123.051 RC-3 .
TAX PARCEL NO: DNR STREAM TYPE,IF KNOWN
322325001001
JARPA,Revised 12/98,contact Ecology's Permit Assistance Center for Latest Version,360/407-7037 1 of 4
6.DESCRIBE THE CURRENT USE OF THE PROPERTY,AND STRUCTURES EXISTING ON THE PROPERTY. IF ANY PORTION OF THE PROPOSED ACTIVITY IS ALREADY COMPLETED ON
THIS PROPERTY,INDICATE MONTH AND YEAR OF COMPLETION.
A Marina with a ramp and floating dock, a 6,000 sq. ft. building, and a 1,440 sq. ft.
mobile home are located on the site.
IS THE PROPERTY AGRICULTURAL LAND? ❑YES ®NO ARE YOU A USDA PROGRAM PARTICIPANT? ❑YES ❑O NO
7a. DESCRIBE THE PROPOSED CONSTRUCTION AND/OR FILL WORK FOR THE PROJECT YOU WONT TO BUILD THAT NEEDS AQUATIC PERMITS.: COMPLETE PLANS AND SPECIFICATIONS
SHOULD BE PROVIDED FOR ALL WORK WATERWARD OF THE ORDINARY HIGH WATER MARK OR LINE,INCLUDING TYPES OF EQUIPMENT TO BE USED. IF APPLYING FOR A SHORELINE PERMIT,
DESCRIBE ALL WORK WITHIN AND BEYOND 200 FEET OF THE ORDINARY HIGH WATERMARK. ATTACH A SEPARATE SHEET IF ADDITIONAL SPACE IS NEEDED.
A 6, 000 gallon above grade marine fuel storage tank shall be added to the site, including a
449 square foot concrete pad and a fence, plus fuel lines from the tank to the dock. The
fence, pad, and tank shall be located 75 feet landward of the ordinary high water line and
MHHW. A below grade, 1200 gallon sewage pumpout tank shall also be added to the site,
including a pump out line from the tank to the dock. A standpipe for Fire Department hookup
will also be installed. An existing 1,440 square foot mobile home shall be removed from the
site. The proposed project shall only add approximately 449 square feet of new impervious
surface, which means the project will result in a loss of 991 square feet of impervious
surface.
7b. DESCRIBE THE PURPOSE OF THE PROPOSED WORK AND WHY YOU WANT OR NEED IT AT THE SITE. PLEASE EXPLAIN ANY SPECIFIC NEEDS THAT HAVE INFLUENCED THE DESIGN.:
To restore marine fuel to the Union Marina and provide a much needed service to south Hood
Canal.
7c. DESCRIBE THE POTENTIAL IMPACTS TO CHARACTERISTIC USES OF THE WATER BODY. THESE USES MAY INCLUDE FISH AND AQUATIC LIFE,WATER QUALITY,WATER SUPPLY,
RECREATION,and AESTHETICS. IDENTIFY PROPOSED ACTIONS TO AVOID,MINIMIZE,AND MITIGATE DETRIMENTAL IMPACTS,AND PROVIDE PROPER PROTECTION OF FISH
AND AQUATIC LIFE. ATTACH A SEPARATE SHEET IF SPACE IS NEEDED.
The proposal will provide marine fuel and a pumpout service for boaters on south Hood ,Canal.
This should eliminate spillage from boaters fueling up using a can or discharging organic
waste into Hood Canal, because there is no nearby facility offering fuel and pumpout services.
PREPARATION OF DRAWINGS: SEE SAMPLE DRAWINGS AND GUIDANCE FOR COMPLETING THE DRAWINGS. ONE SET OF ORIGINAL OR GOOD QUALITY REPRODUCIBLE DRAWINGS MUST BE
ATTACHED. NOTE: APPLICANTS ARE ENCOURAGED TO SUBMIT PHOTOGRAPHS OF THE PROJECT SITE,BUT THESE DO NOT SUBSTITUTE FOR DRAWINGS. THE CORPS OF ENGINEERS AND
COAST GUARD REQUIRE DRAWNGS ON 8-1/2 X 11 INCH SHEETS. LARGER DRAWINGS MAY BE REQUIRED BYOTHER AGENCIES.
8.WILL THE PROJECT BE CONSTRUCTED IN STAGES? 0 YES ® NO
PROPOSED STARTING DATE: As soon as possible after receipt of all permits and approvals.
ESTIMATED DURATIONOF ACTIVITY:_ Within 30 days after the start of work.
9.CHECK IF ANY STRUCTURES WILL BE PLACED:
® WATERWARD OF THE ORDINARY HIGH WATER MARK OR LINE FOR FRESH OR TIDAL WATERS;AND/OR
® WATERWARD OF MEAN HIGH WATER LINE IN TIDAL WATERS
10.WILL FILL MATERIAL(ROCK,FILL,BULKHEAD,PILINGS OR OTHER MATERIAL)BE PLACED:
❑WATERWARD OF THE ORDINARY HIGH WATER MARK OR LINE FOR FRESH WATERS? No IF YES,VOLUME(CUBIC YARDS) /AREA (ACRES)
❑WATERWARD OF THE MEAN HIGHER HIGH WATER FOR TIDAL WATERS? NO IF YES,VOLUME(CUBIC YARDS) /AREA (ACRES)
JARPA,Revised 12198,contact Ecology's Permit Assistance Center for Latest Version,360/407-7037 2 of 4
11.WILL MATERIAL BE PLACED IN WETLANDS? ❑YES El NO
IF YES:
A. IMPACTED AREA IN ACRES:
B. HAS A DELINEATION BEEN COMPLETED? IF YES,PLEASE SUBMIT WITH APPLICATION. ❑YES ❑NO
C. HAS A WETLAND REPORT BEEN PREPARED? IF YES,PLEASE SUBMIT WITH APPLICATION. ❑YES ❑NO
D. TYPE AND COMPOSITION OF FILL MATERIAL(E.G.,SAND,ETC.):
E. MATERIAL SOURCE:
F. LIST ALL SOIL SERIES(TYPE OF SOIL)LOCATED AT THE PROJECT SITE,&INDICATE IF THEY ARE ON THE COUNTY'S LIST OF HYDRIC SOILS.SOILS INFORMATION CAN BE OBTAINED FROM
THE NATURAL RESOURCES CONSERVATION SERVICE(NRCS): coastal beach yes.
12.WILL PROPOSED ACTIVITY CAUSE FLOODING OR DRAINING OF WETLANDS? ❑YES ®NO
IF YES,IMPACTED AREA IS ACRES.
13.WILL EXCAVATION OR DREDGING BE REQUIRED IN WATER OR WETLANDS? ❑YES IM NO
IF YES:
A. VOLUME: (CUBIC YARDS)/AREA (ACRES)
B. COMPOSITION OF MATERIAL TO BE REMOVED:
C. DISPOSAL SITE FOR EXCAVATED MATERIAL:
D. METHOD OF DREDGING:
14.HAS THE STATE ENVIRONMENTAL POLICY ACT(SEPA)BEEN COMPLETED? ®YES ONO
SEPALEADAGENCY: Mason County. SEPADECISION: DNS, MDNS, EIS, ADOPTION, EXEMPTION DECISION DATE(END OF PERIOD)
SUBMIT A COPY OF YOUR SEPA DECISION LETTER TO WDFW AS REQUIRED FOR A COMPLETE APPLICATION
15.LIST OTHER APPLICATIONS,APPROVALS,OR CERTIFICATIONS FROM OTHER FEDERAL,STATE OR LOCAL AGENCIES FOR ANY STRUCTURES,CONSTRUCTION,DISCHARGES,OR OTHER
ACTIVITIES DESCRIBED IN THE APPLICATION(I.E.,PRELIMINARY PLAT APPROVAL,HEALTH DISTRICT APPROVAL,BUILDING PERMIT,SEPA REVIEW,FERC LICENSE,FOREST PRACTICES
APPLICATION,ETC.) ALSO INDICATE WHETHER WORK HAS BEEN COMPLETED AND INDICATE ALL EXISTING WORK ON DRAWINGS.
TYPE OF APPROVAL ISSUING AGENCY IDENTIFICATION NO. DATE OF APPLICATION DATE APPROVED COMPLETED?
None at this time
16. HAS ANY AGENCY DENIED APPROVAL FOR THE ACTIVITY DESCRIBED HEREIN OR FOR ANY ACTIVITY DIRECTLY RELATED TO THE ACTIVITY DESCRIBED
HEREIN? ❑ YES ®NO IF YES,EXPLAIN:
SECTION B-Use for Shoreline and Corps o/Enginears pwmks
16.TOTAL COST OF PROJECT. THIS MEANS THE FAIR MARKET VALUE OF THE PROJECT,INCLUDING MATERIALS,LABOR,MACHINE RENTALS,ETC.
$200, 000
17.LOCAL GOVERNMENT WITH JURISDICTION:
Mason County
18.FOR CORPS,COAST GUARD,AND DNR PERMITS,PROVIDE NAMES,ADDRESSES,AND TELEPHONE NUMBERS OF ADJOINING PROPERTY OWNERS,LESSEES,ETC..
PLEASE NOTE: SHORELINE MANAGEMENT COMPLIANCE MAY REQUIRE ADDITIONAL NOTICE—CONSULT YOUR LOCAL GOVERNMENT.
NAME ADDRESS PHONE NUMBER
Julie Saari et vir William Mizer 5001 E State Route 106 Union WA 98592
William W. Lomen et al Lynne M. Hunter 3912 Sunnyside Ave N Seattle WA 98103
Michael J Sr & Sharon A Fox 7120 41't Ave NW Olympia WA 98502
Goldberg Canal Properties PO Box 960 Aberdeen WA 98520
Thelma L Busch 3016 N Narrows Dr Apt 513 Tacoma WA 98407
Richard & Voanne Anderson 2226 Fairview Ave E Seattle WA 98102
Judith Ross Swanson 17580 Treetop Way Lake Oswego OR 97034
JARPA,Revised 12/98,contact Ecology's Permit Assistance Center for Latest Version,3601407-7037 3 of 4
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