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Home My WebLink AboutSHR2006-00028 Staff Report - SHR Letters / Memos - 2/28/2007 (6/27/2007) Grace Miller- Dicks-Rogers SHR2006-00028.doc Page 1 i I SHR2006-00028 1 - Mason County Department of Planning Building I * 411 N. 5"'Street * P.O. Box 279 Shelton, Washington 98584 February 28,2007 TO: Mason County Hearing Examiner FROM: Planning Staff—Kell McAboy; 360.427.9670 X363;kellm(dso.mason.wa.us RE: Mason County Shoreline Substantial Development Permit (SHR2006-00040). STAFF REPORT I. Introduction.This report evaluates an application for a Shoreline Substantial Development permit for a joint-use Pier,Ramp and Float(PRF)under the Mason County Comprehensive Plan,Chapter IX. Shoreline Management Program and the Mason County Shoreline Master Program 17.50.060 Use Regulations Piers and Docks,for the construction of a 6' by 50' fixed pier,a 4' X 40' fully grated aluminum ramp leading to an 6' by 20' long float.The float will have 2'wide grating down the center.Two 6' by 20' floats will be attached at right angles to either side of the 20' float,forming a"T".Total length of the structure from the Ordinary High Water Mark is 105'. See attached Biological Evaluation for more details(Exhibit 4). Staff recommends conditioned approval. II. Applicants:Kevin Rogers and Norm Dicks III. Agent: Amy Leitman, IV. Date of Complete Application:December 7,2006. V. Site address and Project Location: South Shore of Hood Canal 16911 and 16921 E. SR 106;Belfair,WA 98528. Parcel#222 1 1-50-0001 5 VI. Evaluations. A. Characteristics of the area. The general area is characterized by clustered single-family residential development along the south shore of Hood Canal. Residential use appears to be a mix of permanent and vacation homes. Waterfront residences are immediately east and west of the project site.There are no visible pier-ramp-floats to the east or west of the proposed project location. L(6/27/2007) Grace Miller- Dicks-Rogers SHR2006-00028.doc Pag�e27. SHR2006-00028 -2- B. Characteristic of the site. The Rogers and Dicks parcels are adjacent properties located on S.R. 106 along the south shore of Hood Canal,with the Rogers property lying east of the Dicks property. Combined,the parcels have approximately 150' of waterfront and are approximately 100' deep between S.R. 106 and the Ordinary High Water Mark.There are existing residences on both parcels,each sharing a continuous concrete bulkhead. C. Comprehensive Plan Designation. The Mason County Comprehensive Plan designation for the site is Rural. D. Shoreline Master Program Designation. The Shoreline Master Program environmental designation for the site is Urban. E. ZoninQ. The parcel is zoned Rural Residential 5 (RR-5). VII. SEPA Compliance and other public notice requirements. The proposal was reviewed under SEPA,SEP2006-00161.A DNS was issued on 2/2/2007(Exhibit 8).A Notice of Shoreline Management Permit for a Substantial Development Permit, SHR2006-00028(Exhibit 5)was issued and posted on 2/2/2007(Exhibit 6). VIII. Other Permits. The proposal will require a Mason Environmental Permit (MEP2006-00067),Mason County Building Permit,Hydraulic Project Approval (HPA)from Washington Department of Fish and Wildlife(WDFW),Washington Department of Ecology Water Quality Protection Concurrence,and US Army Corps of Engineers(USACOE)RGP 6 approval. IX. Analysis.The proposal is for a pier ramp and float within the shoreline of Hood Canal. Shoreline Environmental Designation is Urban.Hood Canal is a Shoreline of Statewide Significance.Per the Mason County Development Code 15.09.055 A. 1.,this proposal requires a Shoreline Substantial Development Permit(SDP) due to the cost exceeding$5,000.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 Master Program(SMP)Chapter 17.50.060 Piers and Docks. Applicable Piers and Docks Policies: 1. Piers and docks should be designed and located to minimize obstruction of views and conflicts with recreational boaters and fishermen. The proposed location minimizes obstruction of views by placing the PRF on the applicants'shared property line. This location and design should not conflict with recreational boaters and fisherman. 2. Cooperative uses of piers and docks are favored,especially in tidal waters. (6/27/2007) Grace Miller- Dicks-Rogers SHR2006-00028.doc Page 3 SHR2006-00028 -3- The proposal is for a cooperative joint-use PRE Adverse impacts associated with proliferation of overwater structures are reduced in this proposal by up to 50%compared to single-use proposals. 3. The type,design and location of docks and piers should be compatible with the shoreline characteristics,tidal actions,aesthetics,adjacent land and water uses. The floats will have stops that will prevent the floats from grounding out and disturbing the beach. The pier, ramp and float will each have grating to minimize shading of the aquatic environment. The proposed project is in a stretch of beach with no visible PRFs from either direction at the proposed location. 5. Mooring buoys and floats are preferred over piers and docks. The proposal is for a pier, ramp and float. 7. Boat houses and covered moorages shall be discouraged. None proposed. Applicable Pier and Dock Use Regulations are: 1. The location and design of docks and piers,as well as the subsequent use shall minimize adverse effects on fish,shellfish,wildlife and water quality. This joint-use application minimizes impacts by limiting the proliferation of overwater structures by up to 50%(assuming 100%build out). The use of steel or concrete as opposed to wood pilings would eliminate chemicals used to treat wood(see condition # 7).As detailed in the Biological Evaluation, the shoreline environmental impacts of this individual structure are otherwise represented as minimal. Comment letters(Exhibits 13-16)address negative environmental issues. Docks and piers shall be located,designed and operated to not significantly impact or unnecessarily interfere with the rights of adjacent property owners, or adjacent water uses. Structures shall be located a minimum of five feet from side property lines. The proposed pier-ramp-float will be located on the shared property line between the Dicks to the west and the Rogers to the east. Comment letters (Exhibits 13-16)address negative aesthetic issues. 4. No pier,dock,or float or similar device shall have a residential structure constructed upon it. None proposed. 7. Maximum overall length of a recreational pier or dock facility including float shall be only so long as to obtain a depth of three feet of water as measured at (6/27/2007)Grace Miller- Dicks-Rogers SHR2006-00028.doc - Page 4 SHR2006-00028 -4- mean lower low water on salt water. The length of any pier or dock shall not exceed the lesser of 15%of the fetch or 100 feet from Ordinary High Water Mark(OHWM)on salt water.Joint or community use facilities may be an additional 15 feet in length,and shall not exceed a depth of minus five(-5) feet.When sufficient depth to serve a vessel is not found at these lengths,a recreational float,with one boat slip,may be located at a depth sufficient to serve the vessel,but not exceeding minus eight(-8)feet as measured from mean lower low water,on marine shores. The pier-ramp-float is proposed at a length of 105'from the OHRM, at which point the depth is +3'. 8. Only one dock is allowed per lot. One shared PRF is proposed for two lots. I 9. The width of recreational piers and docks shall not exceed eight feet. The proposed width of the fixed pier is 6 feet, ramp is 4 feet and the float 6 feet. 10. At the end of a dock or pier,a float may be attached. These floats may either be parallel to the dock or pier,or form a"T"or"L". In tidal water,the float shall not exceed 400 gross square feet without a boat slip or 600 gross square feet with a boat slip. The float surface area is less than 400 square feet and forms a "T"at the end of the ramp. 13.Recreational piers shall be no higher than 11 feet above mean higher high water. Piers and docks shall have at least an eight-foot span between pilings. Per the drawings in the Biological Evaluation, the height of the proposed pier is approximately 2'above mean higher high water.Piling span is about 20'. 14.The surface of floating structures shall be a minimum of eight inches above the surface of the water. As configured, intermittent supports are greater than eight inches. 15.All floating structures shall include intermittent supports to keep structures off the tidelands at low tide. Included in proposal. See conditions of approval. 16.All facilities shall be constructed and maintained in a safe and sound condition.Abandoned or unsafe docks and piers shall be removed or repaired promptly by the owner.Where any such structure constitutes a hazard to the public,the County may,following notice to the owner,abate the structure if the owner fails to do so within a reasonable time,and may impose a lien on the related shoreline property in an amount equal to the cost of the abatement. See conditions of approval. (6/27/2007) Grace Miller- Dicks-Rogers SHR2006-00028.doc Page 5 SHR2006-00028 5- Mason County Comprehensive Plan,Chapter IX,Shoreline Management Prosram. Shorelines of Statewide Sianificance. 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 proposed use is contrary to the above criteria and therefore does not receive preference as a use.However, the following statement assumes a priority given for single-family residential appurtenant structures. [U]ses 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 single family residences and appurtenant structures... 17.50.040 Definitions:Appurtenant Structure.A structure which is necessarily connected to the use and enjoyment of a singlefamily residence and is located landward of the ordinary high water mark and the perimeter of a wetland.Normal appurtenant structures include a garage;deck; driveway;utilities;storage shed (one story-less than 600 square feet),woodshed,pump house,upland retaining wall and grading which does not exceed 250 cubic yards and which does not involve placement of fill in any wetland or waterward of the ordinary high water mark. PRFs are not considered appurtenant structures under the MCSMP as they are located waterward of the OHWM. (6/27/2007) Grace Miller- Dicks-Rogers SHR2006-00028.doc Page 6 SHR2006-00028 -6- X. Conclusions.As a shoreline of statewide significance,the County must consider the interest of all the people,regardless of whether comments are received. Given the growing concern over poor water quality and subsequent poor habitat in Hood Canal,especially the lower Hood Canal,each pier-ramp-float project has the potential to increasingly negatively impact the overall water quality and remaining habitat. The joint-use application in this case minimizes these impacts by reducing proliferation of overwater structures by up to 50%compared to single-use applications and reducing amount of time the float is grounded at low tides (utilizing 5' greater length per Use Regulation#7). The project is otherwise consistent with the Mason County Comprehensive Plan Chapter IX. Shoreline Management Program Policies,and Mason County Code, 17.50.060 Shoreline Master Program Piers and Docks use regulations. Staff recommends approving this project as proposed with the exception of the using steel or concrete instead of ACZA treated pilings. If the Hearing Examiner approves this permit,staff recommends the following conditions: 1. Deed Restriction:Prior to issuance of an approved building permit for the proposed joint-use PRF,all co-applicants must agree to build no additional overwater structures on their property.This agreement must be recorded with the County's Auditor's office and a copy supplied to the planning department. 2. Floatation for the structure shall be entirely enclosed and contained to permanently prevent the breakup or loss of the floatation material into the water. 3. Debris or deleterious material resulting from construction shall be removed from the beach area and project site and shall not be allowed to enter waters of the State. 4. Install stub pilings and float stops to suspend the float at least 12"above the seabed. 5. Orient flotation so that it does not obstruct the grating. 6. Install plastic wear-strips between the float and the pilings to reduce treated wood chafe. 7. Use steel or concrete instead of ACZA treated pilings. 8. Pile driving shall take place as allowed by the Agencies to minimize direct impacts on migrating salmon,bull trout,wintering bald eagles and forage fish spawning activities. 9. Pile driving must be suspended if there is whale activity in the vicinity and resume in their absence. 10.All facilities shall be constructed and maintained in a safe and sound condition.Abandoned or unsafe docks and piers shall be removed or repaired promptly by the owner.Where any such structure constitutes a hazard to the public,the County may,following notice to the owner,abate the structure if the owner fails to do so within a reasonable time,and may impose a lien on (6/27/2007) Grace Miller- Dicks-Rogers SHR2006-00028.doc Page 7 i SHR2006-00028 -7- the related shoreline roe in an amount equal to the cost of the abatement. property rtY q 11.All other necessary permits from Mason County,Washington State and/or Federal Agencies that are required for this proposed development and construction must be obtained PRIOR TO CONSTRUCTION and all conditions must be adhered to until completion of the project. 12.Use 100%grating on the ramp 13.Install grating on floats as proposed in the Biological Evaluation. 14. Consider participation in a countywide evaluation of the impacts of dock structures if a comprehensive study is undertaken in the future. 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. I