HomeMy WebLinkAboutIssued Decision ,Y
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Anacortes Planning , C�� . mmunaty '_, Coflorrdc Devellopment Department
904 6TH Street / P . O . Box 547 , Anacortes , WA 98221
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299 - 1984 Office Hours : Mon Fri 8 : 00 AM 5 : 00 PM
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The applicant has requested a Clearing & Grading Permit , to occur in (2 ) phases ,
on the 28 - acre project site . Phase 1 would include the upland work , outside of
shoreline jurisdiction , to include : rough site grading , construction of new roads ,
including curb and sidewalks , sanitary sewer mains , storm mains , and water
Project Description : mains . The stormwater infrastructure includes water quality treatment for the new
road run off. Phase 2 of the proposed work would occur within shoreline
jurisdiction and requires a Shoreline Substantial Development Permit ( SSDP ) ;
said SSDP is yet to be approved . The project site is located within the Marine
Mixed Use ( MMU ) zoning district .
File Number : BLD -2021 - 0033
Related File (s ) o SDP -2021 -0001 , Shoreline Substantial Development Permit
The project site is located along Q/ R Ave on the following parcels : P78000 ,
Site Address : P32963 , P32965 , P32966 , P32967 , P32968 , P32969 , P32970 , P32971 ,
P32941 , P32916 , P32915 , P32929 , P32913 , P32943 , P58064
Applicant : KPFF Consulting Engineers - 1601 5th Ave , Suite 1600 , Seattle , WA 98101
Properly Owner : MJB Properties , LLC - 5050 1st Ave S , Suite 102 , Seattle , WA 98134
The required components of the application are present and have been determined to address the
required standards of Anacortes Municipal Code Section 19 . 78 . 030 .
The proposed project was reviewed for compliance with the following which may include , but is not limited
to , AMC Chapter 17 . 70 , Critical Areas Regulations ; AMC Chapter 18 . 04 , State Environmental Policy Act ;
AMC Chapter 19 . 76 , Stormwater ; the Anacortes Shoreline Master Program ; and the
International Building Code provisions for Excavation and Grading .
AP DROVED PROJECT D MIT So
Total Area of Disturbed Land : 389 , 851 sq . ft .
Total Area Converted from
Vegetation to Lawry / Larndscaped 21 , 858 sq . ft .
Areas :
Imported Material/ Fill : 35 , 150 cu . yds .
Grading Quantities Ifixcavated kkfd serial / Fill ° 21 cu . yds .
TOTAL : 35 , 129 CU . YDS ,
On June 3 , 2021 , the City of Anacortes issued an Optional MDNS
SE PA Review ( Mitigated Determination of Non - Significance ) relative to the
environmental impact for the proposed development along with
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the associated Phase 2 of the development ; finding that the
project does not have a probable significant adverse impact on
the environment . An environmental impact statement ( EIS ) is not
required under RCW 43 . 21 . C . 030 ( 2 ) ( c) .
This decision was made after review of completed environmental
checklist and other information on file with the lead agency .
CONDITONS OF APPROVAL :
1 . The proposed clearing and grading activities as outlined in the SEPA Checklist and other City
approved application materials shall be in strict conformance with the conditions of the issued
MDNS , dated June 3 , 2021 (Attached as Exhibit A) .
2 . The proposed development shall be in strict conformance with the stormwater report and plan ,
approved by the City ' s Public Works Department on June 21 , 2021 .
3 . The proposed development shall adhere to the recommendations and conclusions provided by
the Geotechnical Report prepared by PanGeo , Inc , dated March 26 , 2021 and the peer review
prepared by GeoEngineers , Inc , dated April 14 , 2021 .
4 . No work or development shall occur waterward of the Ordinary High Water Mark ( OHWM ) .
5 . Pursuant to RCW 27 . 53 . 020 , if the applicant or his agents discover previously unknown historic or
archaeological remains/artifacts while conducting the development activities authorized by this
permit , the applicant/agent shall immediately stop work and notify the appropriate tribal and state
representatives and the City of Anacortes of the finding for local , state and tribal coordination .
6 . A Traffic Impact Analysis for the proposed construction traffic and activities shall be submitted for
review by the Public Works Department and accepted prior to any work taking place on -site .
7 . Hours of construction /work shall be limited to 7 : 00 am to 10 : 00 pm . If work must occur outside
these hours , a noise variance shall be first obtained .
8 . Pursuant to RCW Chapter 70 . 107 and WAC Chapter 173 . 60 , noise levels shall not exceed the
established standards .
9 . Mud and debris tracked onto City of Anacortes public streets and right- of-way is prohibited . The
• applicant shall be responsible to sweep the adjacent streets as needed to prevent track out .
Review Authority : Don Measamer, PCED Director
Planning , Community & Economic Development
Email : emilvm ancitvofanacortes . orq
Phone : 360 -298 -4350
• A Cit4 -5 / I
Don Measamer Date `
Date `
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EXHIBIT A
® AMC 17 . 70 Article IV and SMP A -3 : Geologically Hazardous Areas
o With application , a Geotechnical Report prepared by PanGeo , Inc , dated March 26 , 2021 was
provided . Said report was peer reviewed and accepted by GeoEngineers , Inc , dated April 14 ,
2021 .
AMC 17 . 70 Article Ii and SMP A - 1 : Frequently Flooded Areas
o Majority of the subject property was indicated as being in Zone AE per FIRM Panel
5303170040A . However , based on accepted LOMA 21 - 10 -0614A , effective March 10 , 2021 ,
majority of the upland area is now amended to a Zone X for having minimal flood hazard .
o Work to occur within the portions of the parcels that are indicated to be located within Zone AE
shall be subject to the applicable code provisions .
AMC 17 . 70 Article VI and SMP A -5 : Fish & Wildlife Conservation Habitat Areas
o Based on the City mapping , the subject property is adjacent to priority habitat and species for
herring spawning and Dungeness crab .
o Prior to development commencing within shoreline jurisdiction , a habitat assessment would be
required .
MITIGATION MEASURES / CONDITIONS OF APPROVAL
1 . Based on A-7 of the provided SEPA Checklist , Phase 3 of the project is anticipated to include the
installation of a new bulkhead . Pursuant to the City of Anacortes SMP , Section 9 . 11 for Shoreline
Stabilization Measures and Flood Protection Work , " soft" methods are the preferred best practices of
shoreline stabilization . Hard armoring ( bulkheads ) can be allowed if non -structural methods are
determined to be insufficient .
The goals and policies of the Shoreline Use Element in the SMP strive to "promote a mixture of
reasonable and appropriate shoreline uses that enhance the City 's character, emphasize its
connection with marine trades, foster its historic and cultural identity, protect environmental
resources, and achieve a net ecosystem improvement over time ". Therefore , the permitting of
a hard structural bulkhead shall not be permitted for the subject property , unless a determination
is made by a qualified professional that the installation of soft armoring would not succeed or is
not suitable due to specific site considerations .
2 . The proposed development shall be in strict conformance with the reviewed and approved
construction plans , date stamped February 22 , 2021 , including but not limited to , the proposed TESC
plan and notes .
3 . The proposed development shall be in strict conformance with the stormwater report and plan ,
approved by the City ' s Public Works Department .
4 . The proposed development , outlined in the SEPA Checklist , shall adhere to the recommendations
and conclusions provided by the Geotechnical Report prepared by PanGeo , Inc , dated March 26 ,
2021 and the peer review prepared by GeoEngineers , Inc , dated April 14 , 2021 .
5 . Prior to the commencement of work within Shoreline Jurisdiction , a Habitat Assessment for the
indicated priority habitat and species shall be prepared and provide to the City of Anacortes .
6 . No work or development shall occur waterward of the Ordinary High Water Mark ( OHWM ) .
7 . Pursuant to the City of Anacortes Comprehensive Plan Land Use Policy 8 . 5 , all proposed plans for
development along Fidalgo Bay Waterfronts should take into account sea- level rise , tsunamis and
other natural hazards . As part of construction of on -site infrastructure , site grades shall be planned
and located to accommodate potential long -term sea level rise and tsunami conditions , appropriate to
BLD - 2021 -0033 — MJB Properties , LLC SEPA MDNS
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the design lifetime of the project , as determined using the higher end of the range predicted using
best available science .
8 . As indicated on the provided Clearing & Grading Permit Plans , date stamped February 22 , 2021 ,
there are ( 2 ) light towers located on site . As documented in City documents and emails , each tower
contains a large Osprey nest . The nest removal was approved by Fenner Yarbourough , Wildlife
Regional Program Manager with the WA State Dept . of Fish & Wildlife ( WDFW) , so long as the
removal occurs outside of nesting season . To mitigate the tower removal , the applicant shall install
nest structure replacements , where feasible , meeting the recommendations and /or standards from
the WDFW.
9 . Pursuant to RCW 27 . 53 . 020 , if the applicant or his agents discover previously unknown historic or
archaeological remains/artifacts while conducting the development activities authorized by this permit ,
the applicant/agent shall immediately stop work and notify the appropriate tribal and state
representatives and the City of Anacortes of the finding for local , state and tribal coordination .
10 . Based on comment letter received from WA Dept . of Ecology ( DOE ) , dated March 22 , 2021 , the
proposed project may be subject to Ecology ' s National Pollutant Discharge Elimination ( NPDES )
Construction Stormwater General Permit ( CSGP ) . Said permit shall be required prior to ground
disturbing activities , unless confirmation from DOE is provided to the City that relinquishes this
requirement .
11 . Based on comments from DOE , dated March 29 , 2021 , and the Environmental Covenant , recorded
November 20 , 2013 under AFN : 201311200045 , the proposed development shall not interfere with
the designated groundwater monitoring wells as shown in Exhibit B of the recorded covenant as well
as on the provided survey , date stamped February 22 , 2021 .
11 . 1 . Development is subject to any and all requirements of MTCA related documents , including
agreed orders , agreed orders on consent , consent decrees and restrictive covenants .
11 . 2 . The wells shall be flagged on site to ensure no interference during ground disturbing activities .
12 . Storm water conveyance both on -site and off-site shall comply with City Storm drainage
requirements .
13 . The project proposes the continued use of ( 1 ) out of ( 4 ) existing outfalls ; therefore , the outfall and
associated easement shall be designated to the City of Anacortes with appropriate access provided
per the current EDS Standards .
14 . A Traffic Impact Analysis for the proposed construction traffic and activities shall be submitted for
review by the Public Works Department and accepted prior to any work taking place on -site
15 . Within the roadway alignment of Phase 1 , the storm filter systems , Contech Storm Filters or of similar
make as approved by the City , will be owned and maintained by the City of Anacortes when the
roadway is dedicated .
16 . The conveyance system and related appurtenances along the proposed phase 1 alignment will be
considered Public . This system will discharge to a 36 - inch culvert and out to Fidalgo Bay .
17 . Fire Hydrants are to be located as approved by the City of Anacortes Fire Chief. Fire flows shall be
addressed in a manner acceptable to the Fire Chief and the City of Anacortes Public Works
Department .
18 . Water main shall be extended through the property will connections at 22nd Street , 17th Street and R
Avenue . The system shall be designed to allow for future extension by others within the development .
BLD - 2021 -0033 — MJB Properties , LLC SEPA MDNS
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19 . The Sanitary Sewer Conveyance system proposed within the Phase 1 roadway alignment will be
owned and maintained by the City of Anacortes once the Roadway is dedicated to the City of
Anacortes .
20 . All Sanitary Sewer Easements shall be 20 -foot minimum width and dedicated to the City of
Anacortes .
21 . All Sanitary Sewer structures shall have vehicular access , including but not limited to : 1 ) A 12 -foot
minimum width access road with an approved all -weather surface asphalt road , or other approved
Low Impact Development Best Management Practice design , 2 ) Meeting the minimum structural
requirements for Access Road approved by the City of Anacortes .
22 . Hours of construction /work shall be limited to 7 : 00 am to 10 : 00 pm . If work must occur outside these
hours , a noise variance shall be first obtained .
23 . Pursuant to RCW Chapter 70 . 107 and WAC Chapter 173 . 60 , noise levels shall not exceed the
established standards .
24 . Mud and debris tracked onto City of Anacortes public streets and right-of-way is prohibited . The
applicant shall be responsible to sweep the adjacent streets as needed to prevent track out .
Responsible Official : Don Measamer , Director/SEPA Responsible Official
Planning , Community , & Economic Development Department
Address : P . O . Box 547
Anacortes , WA 98221
Phone : 360 -299 - 1942
Signature : `\- % : -� Issue Date : IPULLI
The conditions listed above along with the City of Anacortes ' code governing noise , land use , traffic ,
drainage , fire protection , and building will provide substantial mitigation of the aforementioned
environmental impacts . The City of Anacortes' derives the authority to require mitigation from Chapter 18 . 04
of the Anacortes Municipal Code and the State Environmental Policy Act . This MDNS is issued after using
the optional MDNS process in WAC 197 - 11 - 355 . There is no further comment period on this MDNS .
For further information , contact the City of Anacortes ' Department of Planning , Community , & Economic
Development at ( 360 ) 299 - 1984 . The issuance of this Mitigated Determination of Non -significance should
not be interpreted as acceptance or approval of the proposal as presented . The City of Anacortes reserves
the right to deny or approve said proposal subject to conditions if it is determined to be in the best interests
of the city and /or necessary for the general health , safety , and welfare of the public to do so .
SEPA APPEAL PROCEDURE :
This environmental determination may be appealed in accordance with the procedures outlined in AMC
Chapter 18 . 04 and 19 . 20 . Appeals must be on forms provided by the Planning , Community & Economic
Department ( PCED ) , contain the information specified in AMC 19 . 20 . 180 . F , be accompanied by a filing fee
of $ 200 , and be delivered to the City Clerk by mail or personal delivery by 5 : 00 PM , 14 calendar days after
the written notice of the decision is issued . Additional information regarding the appeal process may be
obtained from City of Anacortes PCED , ( 360 ) 299 - 1984 .
BLD - 2021 -0033 — MJB Properties , LLC SEPA MDNS
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