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BEFORE THE HEARING EXÁ,MINER FOR TITE CITY OF'KENNEWICK In the Matter of the Application of ) SDP 11-01 ) Clover Island Yacht Club ) FINDINGS, CONCLUSIONS For a Substantial Development ) und Decision Permit ) SUMMARY OF DECISION A Shoreline Substantial Development Permit for replacement of up to 17 boathouses that were built in the 1950's and 1960's is granted for property at Clover Island Yacht Club at Southwest Clovcr Island, east of the Clover Island Drive causeway? Parcel Number 131903000001000, in Kennewicþ Washington. The Shoreline Development Permit is issued subject to the conditions listed herein. SUMMARY OF'RECORI) Request: Clover Island Yacht Club, 104 Clover Island Drive- Suite 101, Kennewicþ WA 99336 (Applicant) requested approval of a Shoreline Substantial Development Permit (SDP), pursuant to the Kennewick Shoreline Management Ordinances (KMC 18-68), for replacement of approximately 17 existing boathouses with ones that match adjacent boathouses and create additional overwater coverage. The site of the proposal is Parcel Number 131903000001000 at Southwest Clovcr Island, east of the Clover Island Drive causev/ay in Kennewick, Washington þroperty).' Hearine Dafe: An open record hearing on the application was held before the Hearing Examiner of Kennewick on July 7l,20ll Testimony: At the open record hearing the following individuals presented testimony under oath: Mr.'Wes Romine, City of Kannewick Mr. Ron Mineke, Applicant's Representative Mr. Cal Coie, proponent Exhibits: At the open record hearing the following exhibits were admitted as part of the ofhcial record: A-l StaffReport I^ The legal description of fhe property is: Beginning at the Southeast comer of lot 14,Pla¡ of Clover Island, Thence S 84 degrees, l8'00" E a distance of 18.6 feet more or less, Thence S 5 degrees 42'00" W a distance of23.4 feet morç or less to the intersection wilh the Ordinary High Water Line of the McNary Pool and the TRUE POINT OF BEGINNING, Thence N 5 degrees 42'00" W a distance of 521 feet more or less to the Ordinary High rù/ater Line of the McNary Pool. Thence Southeasterly along the OIIWL of the McNary Pool fo¡ a distance of 400 feet more or less to the TRTIE POINT OF BEGINNING. The property is in Benton County, tilashington. ---PAGE BREAK--- f Clr*, Irland Y"clrt Cll.,b sDP 11{1 A-2 Application A-3 Notice of Application/lVfailing List A-4 Vicinity Map A-5 Boathouse Replacement Location Map A-6 Proposed Boathouse Construction Standards A-7 Boathouse Construction Location A-8 Joint Aquatic Resources Permit Application (JARPA) A-9 Clover Island Public Access Plan-Appendix A-6-2 A-10 Department of Ecology Comments dated 4/14/ll A-11 Department of Fish & Wildlife 616111 &6115lll A- I 2 SEPA Determination Based upon the testimony and evidence admitted at the open record hearing the Hearing Examiner enters the following Findings and Conclusions: FINDINGS OF X'ACTS 1. The Applicant, who has used the subject property for over 50 years for moorage pu{poses Exhibit A-8, pg. 2, requested an SDP for the replacement of up to 17 existing boathouses that were originally constructed in the 1950's and 1960's.'The replacement boathouses are projected to be constructed on vacant Port of Kennewick property atthc west end of Clover Island. Upon completion of the constructior¡ the structures would be lifted into the water and floated to a designated location. The replacement structures would be larger than those that are to be removed. The ne'u¡ ones would match adjacent boathouses and would be consistent with current Clover Island Yacht Club standards. The new construction would create additional overwater coverage. Exhíbit I-A, pg. 2; Testimony of Mr. Romine. The Applicant began the process of replacing the original boathouses in September 2002. An SDP was issued at that time, but it expired before all the original structures could be replaced. Subsequently, a second SDP was issued, but it too has expired. The requested SDP, which would be the thid SDP issued for the project, would allow the replacement process to continue. Testimony af Mn Mineke. The progress for the replacement would be dependent on the economic conditions of those who would use and finance the structures. Testimony of Mr Minelce. Thc continuing boathouse replacementproject would be within 200-feet of the ordinary high water mark of the Columbia River (River), a shoreline of statewide significance. RCW 90.58.030 950 (f)(v ) ønd KtuIC 18.65.040(35)b. T\e project is subject to the jurisdiction of the City of Kennewick Shoreline Management program. Because the cost of the proposed development will exceed $5,718.00 it is considered a "substantial Development" requiring an SDP per KMC 18.68.230.2. 2 "Boathouses" has various meanings. . For the instant request a boathouse refers to a structure that is used for protection and storage of boat while it is being moored. It is not a boat that has been converted or developed to be a residence of any sort. Testimony of Mr. Romìne ond Mr.Mineke. 2. 3. ---PAGE BREAK--- 4. sDP 11-01 The area in which the boathouse replacement is to occur is classified in the Kennewick Shoreline Master Program (Program)3 as an "Aquatic" environment. KMC .68.070(5)(iiÐ(A). The boathouses are water dependarrt uses that are permitted in an Aquatic Environment designated area. Testimony of Mn Romine. [n reviewing the proposal the City official submitted that the proposed boathouse replacement would be consistent with the Aquatic Environment management policies. E)chibit A-1, pg 3 The property is located waterward of the ordinary high water mark of the River. The location, design and construction of boathouse construction in the Clove¡ Island shoreline is projected to be done in a manner that protects the public's health, safety, and welfare, as well as providing protection of the surounding land and it's vegetation and wildlife. With conditions of approval the construction will be consistent with the Program and the Shoreline Management Act and will protect property rights. Exhibit A-1, pg. 4; Testímony of Mr Romine. The construction of the replacement boathouses will occur on Clover Island on a vacant lot near a mixed used building called the Yacht Club. Exhibit A-7. The proposed project will replace boathouses in the Commercial Marina (Cl\{ zoning district in which the property is located and will contribute to revitalization of Clover Island Exhibit A-1, pg. 4.4 The boathouses would be constructed on vacant Port of Kennewick property at the west end of Clover Island and lifted into the water and floated into place upon completion. The new boathouses would use fully encapsulated foam for floatation, with no pile driving being needed. The existing docks have been piled driven and the posts would be able to support the new boathouses . Testimony of Mr. Mineke. The area where the construction activity would occur is classified in the Program as "Clover Island High Intensity" environment. It is stafPs opinion that the temporary construction site is consistent with the Clover Island High Intensity management policies. Testimony of Mr. Romine. All new exterior lighting will be fully shielded. Exhibít A-1, pg. 2. The proposed boathouse construction standards would satisff all city codes for storage buildings. Those standards allow width of the structutes to extend up to 24 feet and the length to vary from 25 feetto 65 feet. The flotation devises may be styrofoam or other approved material. Studs and rafters can be made of metal or wood and the sheetings for roofs and sidings can be metal or other approved material. The windows may be glass or plastic. The design of the structures would be to accommodate boats that are up to 60 feet in length and with beams to 18 feet. Exhibrt A-6 ; Exhìbit A-I The height of the eaves of the boat houses would range from 10 to 16 feet with the maximum height ofthe roof ¿bove the water being approximately 25 feet. Testimony of 3 Kennewick's updated Shoreline Master Program (SNP) became effective on Dec. 3,2009. " Exhibit A-5 is a map that identifies those boathouses that have already been replaced (depicted in gÐ and those that a¡e to be replaced (depicted in blue). 5. 6. 8. 9. 10. ---PAGE BREAK--- 11. 1ì Cl.""r l 4 sDP 11{1 Mr. Romine. In Aquatic Environments the maximum building height is 35 feet above the ordinary high water mark. The proposed building height of 25 feet is consistent with the Clover Island Yacht Club standards (Exhibit A-6). KMC 18.68.1l0(eXiiÐ(D), Fxhib¡t A- 6; Exhíbit A-1, pg. 3. The height limit and setback requirements for the proposed use in the aquatic designated environment will be consistent with the shoreline use table in Section 18.68.130. Testimony of Mr. Romine. The Applicant's request included an approximate lUYo increase in average size of the boathouses. Exhibit A-1, pg. 3. In its comments on the project the State of Washington Department of Ecology requested information as to why the boat houses being replaced by structures would be lÙYo larger. Exhibit A-10. In response the City submitted that the Applicant desires to improve the aesthetics of the boathouse area in order to crçate a more consistent overall appearance and to accommodate the larger boats using the facility. Because many the boathouses to be replaced are smaller boathouses than were built in the 1950's and 1960's, the increased size of the new structures will accommodate the larger newer boats that yacht club members no\ry have. The additional overwater coverage is relatively minimal and the staffopined there will beno significant impacts to the environment or a net loss of shoreline ecological firnctions. Exhibit A-1, pg. 3; Testimony of Mr. Romine. Public Access on Clover Island is an element of the Clover Island Master Plan. Exhibit A-9 depicts the different public access options available on Clover Island as part of the Clover Island Master Plan. Exhibit A-9. The Kennewick Shoreline Master Plan (KSMP) 18.68.1 10 re4uires public access for Clover Island to be consistent with the Clover Island High Intensity Special Area Plan Standards that are set forth in Appendix A-6 of the KSMP. Exhibit A-10 pg. 2. Part of the access to the property has been provided through an extension of Clover Island Drive which is a lane that is an intersection of olympia and Washinglon. Testimony of Mr. Romine; Exhibit A-4. The vacant lot being proposed for boathouse construction will eventually have public access that will be put in place when the lot is developed. KMC 1 8,68. I I 0 (2)(e)(üi)(C The temporary use of the lot for boathouse construction will not prohibit future development of the site and will not have an effect on existing public access. F;hibít A-1, pg. 3.The proposed project would not interfere with the Port of Kennewick's plans for extending walking paths on the perimeter of clover Island. hchibit A-1, pg. 4. The project is subject to the KSMP Critical Areas and Shoreline Policies, including Policy 3 which establishes a policy to "Preserve and protect anadromous fish and threatened, endangered and candidate species as identified by federal and state agencies." As part of this proeess to protect the hsh and endangered and candidate species the proposed project has been required to be reviewed by the Washington State Department of Fish and Wildlife. A Hydraulic Project Approval (HPA) will be required prior to i55rting building permits. Exhíbit A-1, pg. 4. Part of the HPA permit ¡eview process will include control of light transmittance and flotation materials uses for construction. Testimony of Mr. Romine. 72. 13. t4. ---PAGE BREAK--- Clover lsland Yacht Club sDP 11-01 5i- 15. The construction and the location of the replacernent boathouses will have the following features: suitable environmental conditions because of the longstanding effective use of the site for storage pqposes; a shoreline configuration, access that has long been in place; and compatibility with neighboring uses on Clover Island. Testimony of Mr Romine. The boathouse construction site and the storage portion on the subject property satisff health, safety, and welfare requirements ofthe KSMP and those related to Clover Island. A review of thc past use ofthe site for simila¡ activities indicates that these requirements are, and can be, satisfied with the proposed activity. Testimony of Mr. Romine; Testimony of Mr. Mineke. The location and the design of the construction and storage areas ofthe property provide mitigation of the shoreline in that it provides a continued use of the property for a historical use that has not been detrimental to shoreline or shoreline uses in the area. Testimony of Mr. Romine; Testimony of Mr. Mineke. The const¡uction and stotage areas of the property are not in conflict with existing or planned public access opportunities. (see Finding Number I2). Residential use in any vessels or non-motorized floating homes will not be permitted. Testîmony of Mr Romine; Testimony of Mr. Mineke, As part of the SDP all floatation material must be encapsulated \Mith a shell that prevents breakup or loss of floatation material. No flotation material can be located where it impedes fish passage. Testimony of Mn Romine All boathouses shall be constructed with clear translucent materials that have a minimum 25%lidht transmittance in either the roof material or exposed wall. No night lighting must be oriented to minimize illumination of surrounding waters. KMC 18.68.120(3)þ)(vi) e CONCLUSIqNS CONCLUSIONS OF I.AW Jurisdiction: The Hearing Examiner of the City of Kennewick has jurisdictional authority to hold a hearing and to issue the decision. That authority is set forth in KMC 4.02.0S0(lxb)iii. Relevant statutes and ordlnances. RCW 90.58.140-Development permits - Grounds for granting permit A development shall not be undertaken on the shorelines of the state unless it is consistent with the policy of this chapter and, after adoption or approval, as appropriate, the applicable guidelines, rules, or master plogram. A substantial development shall not be undertaken on shorelines ofthe state without first obtaining apermit from the government entity having administrative jrnisdiction under this chapter 16. 17. 18. 19. 20. ---PAGE BREAK--- Clover lsland Yacht Club sDP 11{1 r- A permit shall be granted: After adoption or approval, as appropriate, by the department of an applicable master program, only when the development proposed is consistent with the applicable master program and this chapter. WAC 173-27-140 Review criteriafor all development. No authorization to undertake use or development on shorelines of the state shall be granted by the local government unless upon review the use or development is deterrnined to be consistent with the policy and provisions of the Shoreline Management Act and the master program. KMC I 8. 68. I 3 0: Shoreline Uses : Standards for Speciftc Shoreline Uses. Permit process, height limit, and setback requirements for uses in each shoreline environment designation shall be in accordance with the shoreline use table in Section 18.68.130 and as stated in the following sections: Boating Facilities and Marinas. For the of this Chapter, "boating facilities" includes marinas, boat storage and launch ramp developmen! and accessory uses. For the water dependent portion of the boating facilities, Substantial Development Permits shall be required inthe Clover Island High Intensity, Urban Conservancy and Aquatic Environments. (ii) Non-water oriented portions of boating facilities shall require Substantial Development Permits in the Clovçr Island High Intensity Envi¡onment consistent with the Clover Island High Intensity Special Area Plan Standards, and Conditional Use Permits in the Urban Conservancy Environment. Such uses shall be prohibited in the Aquatic Environment. (iii) Water dependant uses, as defined by this Shoreline Master Program, may be located within a habitat çonservation area or buffer when the applicant or property o\ryner can demonstrate compliance with Appendix N2, Chapters 1-6. (iv) Boating facilities shall be located only at sites with suitable environmental conditions, shoreline configuration, access, and neighboring uses. Such facilities shall meet health, safety, and welfare requirements. All boating facilities shall be permitted and in compliance with all local, state and federal requirements. Location, design and construction of new boating facilities shall avoid, when feasible, or otherwise mitigate aesthetic impacts to the shoreline that are derived from natural or cultural features, such as shoreforms, vegetative cover, and historic sites/structures. (vi) Boating facilities shall not conflict with existing or planned public access opporhrnities. Public access is required for new marinas, particularly where water-enjoyment uses are associated with the marina" in accordance with WAC 173-26-221(a) and KMC 18.68.1 10(2)(e). ---PAGE BREAK--- Clover lsland Yacht Club sDP 11{1 t\ 7 1- qJ (vii) Boaters are prohibited from living in their vessels (live-aboard). Non- motorized floating homes shall not be permitted. (viii) Boating facilities, and associated and accessory uses shall not be allowed if they result in a net loss of shoreline ecological functions. (ix) Extended moorage on waters of the State without a lease or permission from appropriate authorities is prohibited, and any significant impacts to navigation and public access shall be mitigated. Special attention shall 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 any spillage that does occur. A "maintenance and spill prevention and control plan" shall be required to be submitted by the Applicant in order to get a shoreline permit. (xÐ In planning for propelled watercraft, assurances shall be made that waste disposal practices meet local and State health regulations, that the crafts are not located over highly productive fish food areas, and that the crafts are located to be compatible wilh the intent of thc designated environments. Conclusions Based on Findings 1. With conditions of approval, the proposed development is consistent with the policies set forth in Chapter 90,58 RCIY. A) Chapter 90.58 RCW, the Washington State Shoreline Management Act of 1971, establíshes a cooperative program of shoreline management between the local and state govemments with the local government (in the instant case City of Kennewick) having the primary responsibility for initiating the planning required by the chapter and administering the regulatory program consistent with the Shoreline Management Act. The Kennewick Mastsr Program provides goals, policies and regulatory standards for ensuring that development within the shorelines of the state is consistent the policies and provisions of Chapter 90.58 RCW. B) Policies of RC1V 90.58.020 include a duty to foster "all reasonable and appropriate uses;" protect against adverse effects to the public health, the land and its vegetation and wildlife; and give priority to single-family residences and appurtenant structures in authorizing alterations to the natural condition of the shoreline. The proposed construction and storage of boathouses is consistent with the policies of the Shorçline Management Act because it would continue an established use that that protects the public's health, safety, and welfare, as well as the land and it's vegetation and wildlife and provides boat storage in an orderþ and safe manner. No public health or safety issues were identified during review of the application. Findings Nos 3, 4, 7, l0 ond lI. ---PAGE BREAK--- Clover lsland Yacht Club sDP 11-01 2. With conditions of approval, the proposed development ís consistent with the policies set forth in Chapter 90.58 RC\U. The permit process, height limit, and setback proposed for the project in the Aquatic environment will be consistentwith the shoreline use table in Section 18.68.130. Findings Nos. I 6, 7 9, 10, 15, 16, 17, 19 and 20. 3. The Applicant has adequateþ shown that the requested increase in the size of the boathouse is reasonable. An increase of lÙYo of the existing boathouse structures will improve the aesthetícs of the boathouse area by creating a more consistent overall appsarance and being able to accommodate larger boats at the facility. . The additional overwater coverage is relatively minimal and there will be no signifrcant impacts to the environment or a net loss of shoreline ecological firnctions. Finding of Fact No. I l. 4. Public access to the shoreline has been adequateþ addressed. The construction and storage areas of the property are not in conflict with existing or plannedpublic access opportunities. Findìngs Nos.I2, I3 and I8 5. The project is subject to the KSMP Critical Areas and Shoreline Policies, including Policy 3 which establishes a policy to "Preserve and protect anadromous fish and threatened, endangered and candidate species as identified by federal and state agencies." As part of this process to protect the fish and endangered and candidate species the proposed project has been required to be reviewed by the Washington State Department of Fish and V/ildlife. A Hydraulic Project Approval (IIPA) will be required prior to issuing building permits. Part of the FIPA permit review process will include control of light transmittance and flotation materials us€s for construction- Finding No. DECISION Based on the testimony and evidence that comprised the offrcial record and the above stated Findings of Fact and Conclusion based on said record a Shoreline Substantial Development Permit for replacement of up to l7 boathouses that were built in the 1950's and 1960's is granted for property at Clover Island Yacht Club at Southwest Clover Island, east of the Clover Island Drive causeway, Parcel Number 131903000001000, in Kennewick,'Washington. The Shoreline Development Permit is issued subject to the following conditions: t. The Applicant and all of its agents shall comply with City of Kennewick regulatory con{rols, policies and codes, including Shoreline Management KMC 18.68. 2. While thee upland boat construction site shall not have an effect on existíng Clover Island "Public Access"; all necessary efforts must be taken to maintain the capability of the general public to reach, touch, and enjoy the water's edge. 3. The mæ