Little Hollywood Takes A Time Out

Above: Hooded mergansers at the McLane Creek Nature Trail in February.

By Janine Gates

Little Hollywood

http://janineslittlehollywood.blogspot.com

As many readers have noticed, Little Hollywood is on hiatus. 

Combined with quality photography, Little Hollywood has produced over 500 articles in the past ten years. 

I will continue to stay informed of community issues, meetings, and events, painfully aware that in-depth local journalism is needed now more than ever.

Like the seasons, transitions can be difficult, but they can also be a time of great growth and creativity. 

In addition to appreciating the beauty of nature and fragility of life, new writing opportunities and photography projects may emerge.

Every day is a gift and an adventure. 

Above: A barn owl keeps one eye open at the Billy Frank Jr. Nisqually National Wildlife Refuge on Sunday.

If you appreciate Little Hollywood, please consider a donation using the secure PayPal button, found at www.janineslittlehollywood.blogspot.com. If you already support Little Hollywood, thank you! 

Above: Pussy Willow at Billy Frank Jr. Nisqually National Wildlife Refuge on Sunday.

Community Service at Nisqually

Above: Members of the Olympia Mountaineers and Rotary Club of Olympia worked together Sunday morning to make the boardwalk a safer experience for visitors at the Billy Frank Jr. Nisqually National Wildlife Refuge.

By Janine Gates

Little Hollywood

https://janineslittlehollywood.blogspot.com

Unfazed by the rain, the Olympia Mountaineers combined forces with the Rotary Club of Olympia Sunday morning to scrape slippery moss and leaves off the boardwalk at the Billy Frank Jr. Nisqually National Wildlife Refuge.

Both organizations are well known for their stewardship and community service efforts.

It was a welcome collaboration for Peter Yager, Visitor Services Assistant, U.S. Fish and Wildlife Service. After a brief talk about safety, Yager directed the volunteers to areas that needed the most attention.

Pileated woodpeckers, deer, frogs, hawks and eagles made their presence known throughout the morning’s work.

Above: Pacific tree frogs at the Nisqually National Wildlife Refuge on Sunday.

Later, Yager expressed his appreciation for the group’s efforts, saying the Refuge has only one maintenance worker and one part time Washington Conservation Corps crew worker.

“Twelve volunteers worked three hours for a total of 36 volunteer hours. That’s equivalent to a week’s worth of work. This was serious work that needed to get done,” he said.

Asked how many volunteers come to the Refuge do this sort of work, Yager said he doesn’t get as many requests to work as he thought he would. Yager came to the Refuge two years ago from Yellowstone National Park.

“I do have a group of middle school kids who come to pull Scotch broom every year and some Boy Scouts come and scrub the signs,” he said.

He welcomed the two organizations back. After all, the leaves are still falling.

For more information on possible service projects at the Refuge, contact Peter Yager, Visitor Services Assistant, Nisqually National Wildlife Refuge, 100 Brown Farm Road, Olympia, at (360) 753-9467 or peter_yager@fws.gov.

Above: A safer boardwalk for visitors at the Billy Frank Jr. Nisqually National Wildlife Refuge gave volunteers, including this writer, a great deal of satisfaction.

Sequalitchew Threatened by DuPont Warehouses

Above: DuPont Industrial Partners, LLC is proposing to build two massive warehouses near Sequalitchew Creek and the Sequalitchew Creek trail in DuPont. The peaceful trail area, abundant with wildlife, is a favorite destination for families, bird watchers, and photographers.

Public Comment Deadline is September 12

By Janine Gates

Little Hollywood

https://janineslittlehollywood.blogspot.com

A developer is proposing to build two industrial warehouse buildings on a vacant 21 acre piece of land located on the west side of Sequalitchew Creek in the city of DuPont in Pierce County. 

The project applicant is Eric Cederstrand, DuPont Industrial Partners, LLC, represented by Barghausen Consulting Engineers of Kent.

According to the application submitted to the city, the proposed construction of the two buildings total approximately 258,400 square feet, or over five acres. Over 70 percent of the property is expected to become impervious surface.

The warehouse facility is expected to employ 99 people. 

Sequalitchew Creek is an environmentally sensitive area on the east side of the Nisqually Reach.

Its canyon water flow comes from a variety of sources, including Sequalitchew Lake, underground springs, and smaller seeps.

A peaceful 1.5 mile walking trail follows the wooded ravine along Sequalitchew Creek. It begins at the City of DuPont’s civic center and ends at the mouth of Sequalitchew Creek and Puget Sound, just north of the Nisqually Delta. It is a favorite destination for families. 

The buffer between the proposed project and the Sequalitchew Creek trail as labeled on an attached site map is 100 feet.

The City of DuPont has reviewed the proposed project and will likely issue a Mitigated Determination of Non-significance (MDNS) for the project.

Agencies, tribes, and the public are encouraged to review and comment on the proposed project by submitting written comments to the City of DuPont by 5:00 p.m. on September 12.

Comments should be sent to Jeff Wilson, City of DuPont Community Development Director and City SEPA Official, City of DuPont, 1700 Civic Drive DuPont, WA 98327 or jwilson@dupontwa.gov.

Above: The beginning of the paved portion of the Sequalitchew Creek trail and a dirt road indicates the direction a new road would be constructed to access two proposed industrial warehouses in DuPont. The area is the former site of the historic Methodist Episcopal Mission.

The Sequalitchew area was the site of a year round village for the Sequalitchew-Nisqually Indians over 5,700 years ago. The name Sequalitchew is the Nisqually description of the sandy beach at the mouth of the creek and means big tide or long, run out tide. 

The land for the proposed warehouses is also the general site of the historic Methodist Episcopal Mission, the first non-permanent, Euro-American settlement on Puget Sound. Built in 1839, the Mission burned down in 1842.

In 1841, a second group of Americans arrived and anchored off the mouth of Sequalitchew Creek. Led by explorer Lt. Charles Wilkes, the general area is said to be the site of the first Fourth of July celebration north of the Columbia River.

According to the application, the proposal includes an expanded public right-of-way dedication to create a public plaza for historical markers as part of the development.

The vacant site will need all aspects of land preparation and infrastructure including grading, landscaping, water and sanitary sewer extensions, a stormwater collection and infiltration facility, dedications of public right-of-way, and an extension of Sequalitchew Drive.

Due to contamination, the property is subject to the terms of a 1991 consent decree between the Washington State Department of Ecology and the Weyerhaeuser Company and DuPont Company. 

Under the state Model Toxics Control Act, the companies agreed to implement remedial cleanup activities for the contaminated areas of the site. 

The property is part of the former DuPont Works site, a 3,000-acre parcel of land that at one time was the site of an industrial explosives production facility operated by the E.I. duPont de Nemours & Company. 

 

Above: A site map indicates the location of a 21 acre vacant parcel of land along Sequalitchew Creek proposed for the construction of two warehouse buildings totaling over five acres in size with related facility requirements.

Above: The nearby apartment community of Creekside Village is nestled alongside the Sequalitchew Creek trail on Sequalitchew Drive. The trail system along the creek and the historic Fort Nisqually site is a major draw for residents in DuPont.

Near the proposed warehouse site across Center Drive and the historic Fort Nisqually site, is a quiet residential neighborhood called Creekside Village. 

To access the proposed project, a cul-de-sac at the end of Sequalitchew Drive would be removed and a road would be extended through the property. Large Oregon white oak trees would also be removed.

DuPont is proud of its historic heritage and produces many events and activities around its history.

Each year in August, the City of DuPont hosts DuPont Heritage Days. On August 18-19 of this year, the DuPont Historical Society hosted reenactment activities and tours at the Fort Nisqually site.

The Hudson Bay Company arrived in 1832 on Sequalitchew Creek and built Fort Nisqually, a fur trading and agricultural settlement. The fort was later purchased by the U.S. government in 1869. 

The remaining fort structures were moved and reconstructed as a living museum in the 1930s to the Point Defiance Park in Tacoma.

Above: The city of DuPont's city hall at 1700 Civic Center Drive sits just east of Sequalitchew Creek. Access to the trailhead of the Sequalitchew Creek trail is nearby. A favorite with families, the Sequalitchew Creek Canyon features a stunning 1.5 mile walking trail that follows Sequalitchew Creek and ends at Puget Sound. 

Billy Frank Jr. Park Dedicated in Olympia

Above: A community member listens to Robert Whitener, Squaxin Island tribal member and board member of Salmon Defense, at the naming dedication ceremony of a park and trail for Native American fishing and treaty rights activist Billy Frank Jr. on Friday morning in Olympia.

By Janine Gates

Little Hollywood

https://janineslittlehollywood.blogspot.com

“It’s good medicine for all of us to be here today,” said Nisqually Tribal Council member Willie Frank III.

Under a sunny sky overlooking Budd Inlet at the southernmost tip of Puget Sound, Frank acknowledged the beautiful day at the naming dedication of a half-acre park and trail for his father, Billy Frank Jr., on Friday morning.

The celebration was held on what would have been Frank’s 87th birthday. He passed away in 2014.

Following a public process and in collaboration with members of the Frank family, Port of Olympia commissioners recently approved the park renaming project.

The park, located on port property, is on Marine Drive near the KGY radio station and Anthony’s Hearthfire Grill Restaurant. Educational signs and native landscaping will be added to the site at a later date.

Above: Willie Frank III speaks at the dedication ceremony to name a piece of Port of Olympia property Billy Frank Jr. Park on Friday. 

Willie Frank III, members of the Frank family, Nisqually and Squaxin Island tribal council and members, local and state elected officials and community members were on hand at the event to remember Frank’s humor, tireless energy and fierce advocacy for Native fishing and treaty rights, environmental justice, and salmon recovery.

Acknowledging elders and members of the Nisqually Youth Council, a group formed just two weeks ago, Frank said the Tribe is carrying on for the next generation.

The best thing about his dad, he said, was his ability to bring everybody together.

“The purpose of this park is to serve as a…tool to educate the people of Thurston County, the State of Washington, and whoever comes to visit the area. We’ve been here since the beginning of time…and there’s just not enough history out there to educate people about the good things that our tribes bring to this area….

“I fully believe that he is with us here today, bringing our two tribes together, the Squaxin Island Tribe and the Nisqually Tribe….I hope with this park that we can…work on this project and move forward for the betterment of this area and for the people of this area,” he said.

Above: The Billy Frank Jr. Park and trail along Budd Inlet in Olympia.

Several speakers brought up current events and issues, such as the dam on the Deschutes River at Fifth Avenue in downtown Olympia.

“The Port of Olympia is honored to play a small role in celebrating Billy Frank Jr’s life and sharing this place with everyone….Let today be the start of our renewed commitment to restore this land and water to health, so that as the seas rise…salmon may run here again in great numbers and children may safely swim….Together we’ll work toward a better future for the grandchildren,” said Port of Olympia Commissioner E.J. Zita.

Robert Whitener, Squaxin Island tribal member and board member of Salmon Defense, a nonprofit Frank helped establish, wondered what Frank would have thought about current events.

“If Billy were here today, he wouldn’t be happy about the Hirst bill, he wouldn’t be happy about the culverts case….and Billy would be saying, “Why in the hell is there still a f-ing dam over there?!” The crowd burst into laughter.

Known as the Hirst decision, the Washington State Supreme Court in 2016 ruled that counties planning under the Growth Management Act must make their own determination on the availability of water before issuing a building permit for projects that use wells as a water source. In January, Governor Jay Inslee signed legislation that “fixes” the decision.

Also in January, the U.S. Supreme Court decided it will hear a case in which the State of Washington could be required, at its own expense, to remove or repair hundreds of road culverts that block salmon from historic spawning habitat.

State Representative Laurie Dolan, 22nd District, Olympia, said that nothing is more important than the “right water policy” and she will work to stand strong with the tribes and collaborate with U.S. Congressman Denny Heck to obtain funding to replace the Nisqually bridge.

Senator John McCoy, 38^th District, Tulalip, described a bill delivered to Governor Inslee earlier in the day in support of state-tribal education compact schools. The bill, SSB 6474, directs the Office of the Superintendent of Public Instruction to create a pilot project for tribal compact schools that will accommodate cultural, fisheries, and agricultural events and replace graduation testing requirements with culturally relevant and community based standards.

“All of us elders need to be teaching our young…we have a lot of work to do…our work is never done – we just need to follow Billy’s example and we will get it done,” he said to applause from the crowd.

Chehalis tribal member Bonnie Bush, a grants administrator and basket weaver, is a great-niece of Billy Frank Jr. 

After the ceremony, she said she really never knew her great uncle, but the event reconnected her with family and friends and rejuvenated her spirit. 

Above: An intricate brooch made of beads and corn husks on the cedar hat of Chehalis Tribal member Bonnie Bush glimmered in the sunlight Friday morning.

McCloud: "They're Not Honoring These Waterways"

Above: Nisqually Tribal council members Hanford McCloud and Willie Frank, Jr. listen to Kyle Lucas, Tulalip Tribes and Nlaka'pamus Nation, and Marles Black Bird, Standing Rock Hunkpapa Lakota and Cheyenne River Mnicoujou Lakota, of the Indigenous Caucus outside Olympia City Hall on Wednesday night.

- Port Rail Blockade Cleared

- Elected Officials Cancel Sea Level Rise Meeting

- Nisqually Tribal Councilmembers, Indigenous Caucus Members Meet outside Olympia City Hall

By Janine Gates

Little Hollywood

https://janineslittlehollywood.blogspot.com

A confluence of events on Wednesday started with the multi-jurisdictional law enforcement raid on a direct action rail blockade that lasted 12 days in downtown Olympia. 

Then, after a meeting of elected officials to discuss sea level rise issues was abruptly cancelled Wednesday afternoon, indigenous members of the community marched from the LOTT Clean Water Alliance on Adams Street to Olympia City Hall Wednesday evening.

Nisqually Tribal council member Hanford McCloud and other indigenous community members addressed the crowd. Nisqually Tribal council member Willie Frank, Jr. and his wife, Peggen, were also present. 

McCloud said he has received calls from city council about wanting to sit down and talk. He said that while he wasn't sure what that meant yet, a councilmember who reached out to him this past week seemed scared of what was happening. McCloud said the action he was going to take right now is to speak with Olympia city council members. He said he doesn’t speak with them on a regular basis but has a working relationship with them.

“…The work you are doing is appreciated by a lot of tribal members…I see that a lot of signs you are carrying honor that (Medicine Creek) treaty. That is our goal. Some of the honor that needs to happen is with the land that we’re on, (and) the people who occupy the land….

“There’s a lot of issues, a lot of standing up, so we need to continue that message in that fight we have going on. My hands go up to each and every one of you here and the ones who have camped out and have sacrificed their time and freedom to go to jail…for these fracking materials….”

McCloud said that the Nisqually Tribe plans to host an indigenous environmental network and invited anyone to bring their issues to the council.

“These issues are concerning for us. We are fighting, at a legislative level, some of these issues. They’re not honoring these waterways, they’re not honoring these treaties….”

Above: Shouting “Mni Wichoni, Water is Life!” Indigenous members of the community marched from the LOTT Clean Water Alliance building on Adams Street to Olympia City Hall Wednesday evening.

Earth-Feather Sovereign, Colville Confederated Tribes and Okanagan from British Columbia, said she was “grateful that no one was arrested or suffered physical harm,” in the raid early Wednesday morning, “but there is emotional harm and there is an environmental harm….We are disappointed we have to fight our government for clean air, clean water, and land…this is not the way of love and understanding each other….”

The raid was carried out at about 5:00 a.m. by Union Pacific and Burlington Northern Santa Fe special agents, the Washington State Patrol, Thurston County Sheriff’s Department, and the Olympia Police Department. There were no reported arrests or injuries.

Activists collectively known as Olympia Stand had blocked the tracks since November 17 in response to the Port of Olympia’s involvement in the acceptance of ceramic proppants and transfer of cargo to trains bound for North Dakota for use in hydraulic fracking.

According to Jennie Foglia-Jones, communications director for the Port of Olympia, the engine departed port property without any train cars with it. Cars filled with “sweetener” which were already staged on the other side of port property were then hooked up and went to L&E Bottling in Tumwater, she said to Little Hollywood.

Justin Jacobs, spokesperson for Union Pacific, said there were 12 Union Pacific agents involved, along with agents with Burlington Northern Santa Fe. It was a joint effort that ultimately involved safety and trespassing issues, he said.  

“The protesters were on live tracks which is a very dangerous situation. Thankfully, after we gave them the warning to clear the tracks, protesters cooperated. It was a cooperative effort all the way around,” he said in a telephone interview with Little Hollywood.

Elected Officials Cancel Meeting

Representatives of the City of Olympia, LOTT Clean Water Alliance, and the Port of Olympia were going to meet for a workshop at the LOTT Clean Water Alliance to review a consultant’s work on downtown Olympia’s sea level rise flooding vulnerability and risk assessment plan. The public was also expected to be in attendance. 

At Tuesday night’s city council meeting, Indigenous Caucus member Earth-Feather Sovereign told city council members during the public comment period that she was going to attend the sea level rise meeting, and had invited Squaxin and Nisqually Tribal council members to attend as well.  

Sovereign told them that the Indigenous Caucus does not represent the Medicine Creek Treaty tribes, but are advocates for the interests of the indigenous people who include the Medicine Creek Treaty tribes and environmental issues and their impacts. 

Her comments were acknowledged and Councilmember Nathaniel Jones thanked the Indigenous Caucus, saying it “helps the conversation to have more folks at the table.”  

Then, the meeting was unexpectedly cancelled Wednesday afternoon, leaving some members of the indigenous community feeling snubbed, especially since so many were coming from far distances. 

The opportunity to meet would have been timely in light of recent events.

“We have chosen to postpone this week’s sea level rise meetings, to a day when the community is quieter and we can more certainly support meaningful talks. It’s important that discussions take place when our leaders and residents can focus on the topic of sea level rise,” said Andy Haub, City of Olympia’s water resources director, in an email sent at 12:08 p.m.

LOTT Clean Water Alliance responded to an inquiry from Little Hollywood as to why the meeting was cancelled.

“With all the attention over the last few days focused on the Port and shipments of fracking materials, workshops focused entirely on the sea level rise planning effort did not seem timely. Climate change and sea level rise are related, of course, but the sea level rise planning effort is focused on how to deal specifically with rising seas, rather than how to prevent or minimize climate change. It is important that our elected officials and community members lend their attention fully to the topic of sea level rise at the workshops, and this week, their attention is elsewhere. The workshops will be rescheduled, tentatively in January,” said Lisa Dennis-Perez, director of environmental planning and communications.

Little Hollywood writes extensively about Port of Olympia issues. For more information and photos about Wednesday morning’s raid on the rail blockade, ceramic proppants, Rainbow Ceramics, sea level rise in downtown Olympia, and more, go to https://janineslittlehollywood.blogspot.com and type key words into the search engine. 

“Vested” Oak Tree Preserve Land Use Application Proves Thurston County Is For Sale

Above: An Oregon White Oak is strangled with surveyor’s tape, but continues to grow. The Thurston County oaks are on property owned by Bellevue developer Jeffrey Hamilton of Oak Tree Preserve LLC.

By Janine Unsoeld

www.janineslittlehollywood.blogspot.com

On its cover, the March 2015 issue of Seattle magazine proclaims to have the scoop on the best, affordable neighborhoods in Seattle. To whet your appetite, they identify six areas, each with a mix of housing options starting in the $400,000s. Still a little too high?

Well, Thurston County is for sale and Bellevue developer, Jeffrey Hamilton, owner of Oak Tree Preserve LLC, knows it.

Since 2012, Hamilton has sought to subdivide 258.5 acres of wooded land in Lacey’s urban growth area of Thurston County into 1,037 small lot, single family residential units.

Hamilton's effort provides job security for not only the Thurston County planning department staff, but several others, including Hatton Godat Pantier, a local engineering, surveying and construction project management firm. Jeff Pantier testified at the county hearing on March 24 that he’s been involved with the project since 2003. Co-principal Steve Hatton said he has been involved for 10 years.

The firm’s website lists nine of their projects, some controversial, ranging from Olympia’s first “low impact” west side development, Cooper Crest, to environmental clean-up operations at the Port of Olympia.

Thurston County senior planner Robert Smith says that although the county does not keep a list ranking the sizes of subdivisions, the Oak Tree Preserve application features the largest that he’s aware of, “at least in modern times.”

Neighbors Oppose Oak Tree Preserve Project

Plat hearing testimony was heard on March 24 regarding a wide range of environmental, transportation, and school capacity issues. A decision on the plat hearing is expected by Thurston County Hearing Examiner Sharon Rice on April 24.

According to the county application, the development is expected to generate nearly 10,000 vehicle trips per day. Approval of this subdivision is conditioned upon payment of City of Lacey traffic mitigation fees of $1,128.68 per lot, equaling about $1.2 million.

According to a North Thurston Public Schools in a letter to the county dated July 30, 2014, the proposed development will generate 790 new students. The cost of purchasing land and temporary classrooms and constructing new school facilities is estimated to be $3,728 per new single-family, equaling about $3.8 million.

There is no price tag that can be placed on the potential loss of a spectacular wooded space, Thurston County’s largest stand of Oregon White Oak, about 76 acres, and the habitat for a wide range of animals and plants.

Above: With the proposed Oak Tree Preserve LLC development, those “minutes,” to shopping and I-5 in commute time, now ranging from 10 to 40 minutes from nearby subdivisions depending on the day and time of day, are almost guaranteed to lengthen, despite the developer’s mitigation plans. This photo was taken on Saturday, March 28, about 2:00 p.m. approaching the Hawks Prairie area interchange of Martin Way and Marvin Road in Lacey.

After last week’s public preliminary plat hearing in front of Thurston County Hearing Examiner Sharon Rice, neighbors quickly mobilized to inform nearby neighbors just outside the 300 foot notification area about the proposed project, and learn about the land use process.

They’ve started an online petition at http://tinyurl.com/thurston-oak that will be submitted as public comment to the hearing examiner by the deadline of 4:00 p.m. on Friday, April 3.  

Due to the organizing efforts of those who live around the beloved wooded area, the petition has already gathered nearly 300 names and comments. While some just state their opposition to the project, others explain their reasons for wanting to preserve the natural habitat, with one person describing the beauty of its spring wildflowers of delphinium, shooting stars, prairie star and camas.

Others provide evidence that the project does not support the policies and goals of the Sustainable Thurston plan. The plan, adopted by the Thurston Regional Planning Council in December 2013, included the three year effort of 180 residents representing 104 jurisdictions, agencies, organizations, and community groups. It guides new housing development in urban areas among other topics that affect short- and long-term quality of life in the Thurston County region.

Neighbors are asking basic questions like:

“The Department of Fish and Wildlife considers White Oak as Priority Habitat. From their website it says, '24.25.005 C. Protect the functions and values of priority habitats such as, but not limited to, prairies, Oregon white oak, and riparian areas along streams and marine waters.' They could stop this on their own mandates. Why don't they?”  

“There are two endangered species that live in those woods: Streaked Horned Larks and Taylor's Checkerspot butterfly. I have seen them over the 27 years I have wandered through there. I saw a pair of Checkerspots just the other day. Where do I go with that?”

“About water quality, the entire area drains into the Nisqually watershed, down into McAllister Springs and then the Sound. Which agency is concerned with this?”

“Vesting” and the Proposed Oak Tree Preserve LLC Development

More than your run of the mill not-in-my-backyard (NIMBY) knee-jerk reaction to yet another development, this land use application begs questions and demands answers.

It appears to be a glaring example of two flaws in Thurston County growth management history that developers are taking full advantage of: first, the county’s lateness in developing and implementing impact fees that encouraged development in unincorporated county areas and second, the City of Lacey was allowed to define and adopt an overly expansive urban growth area.  

The project is considered “vested” by the county under previous owners in 2009, as Freestone Ridge, under the City of Lacey’s Comprehensive Plan and the Thurston County Land Use Plan for the Lacey Urban Growth Area, adopted in 1994 with a 2003 update.

Project developers claim to not have to conform to the latest version of the county’s critical area ordinance since it was not in effect when the original proposal was submitted. 

For example, the stormwater measures for the proposal are based on the 1994 Thurston County Drainage Design and Erosion Control Manual, although the science and knowledge of stormwater and stormwater control and management has since increased. 

The property changed hands in 2013 and in May 2014, Thurston County received a revised application listing the new owner and met with county staff. Staff provided comments and thus the application was considered to be a revision of the original application.

To be clear, the proposed Oak Tree Preserve LLC homes are not going to be the half-acre lot size homes featured in nearby McAllister Park, an upscale neighborhood with large custom homes featuring several bedrooms, bathrooms and multi-car garages, range in the mid-to-high $500,000 range. The Park touts its territorial views and location minutes from I-5, shopping, Pierce County, Joint Base Lewis McChord, and “miles of sidewalks, street lighting and adjacent city parks.”

Adams v. Thurston County: A Land Use History Lesson

For the Oak Tree Preserve application, the county is not asking for an EIS and the State Environmental Policy Act (SEPA) appeals brought by the McAllister Park Homeowners Association were settled with the developer.

So why is Thurston County not defending the environment? A little growth management history lesson may explain.

It’s relevant, because unlike the current situation, Thurston County was on the other side, and in court from 1987 to 1993 defending the geologic, environmental sensitivity of the area, including McAllister Springs, and argued strenuously that an Environmental Impact Statement (EIS) be prepared and that the developer, Virgil Adams, adhere to the State Environmental Policy Act laws.

In the 1980s, Virgil Adams owned property adjacent to the current Oak Tree Preserve property. He intended to develop it into two subdivisions in Thurston County: McAllister Park and Lacey Estates.

In June, 1987, Adams filed a preliminary plat application with the Thurston County Planning Department for a residential development of 600 lots called McAllister Park. In November, 1987, Adams's predecessors filed a preliminary plat application for Lacey Estates.

The planning department issued a determination of significance requiring preparation of an Environmental Impact Statement (EIS) for McAllister Park. Adams had not yet submitted the EIS. At the applicants' request, the county had not yet issued its threshold determination of environmental significance or nonsignificance for Lacey Estates. 

The county, relying on Thurston County Code (TCC) 18.12.030, contended that the date of vesting should be the date the final environmental impact statement is filed.

Adams and another developer, Lyle Anderson, sued, and won in May 1991 against the county in Superior Court under Judge Richard Strophy. Patrick D. Sutherland was the attorney for the developers, and Thomas R. Bjorgen, represented the county.

The county appealed, saying that the developers' development rights were vested upon the submission of the applications. They lost.

In September 1988, the Thurston County Board of Health, composed of the county commissioners, Les Eldridge, Karen Fraser, and George Barner, adopted a resolution creating a geologically sensitive area in the vicinity of the McAllister Springs aquifer and imposed a two year suspension (moratorium) of building site approvals within the area. Both of Adams's proposed plats were within the area. By August, 1990, the Board of Health had determined that Adams's property did not lie over the sensitive aquifer.

In July, 1990, the county commissioners rezoned the area in which the Adams property was situated, changing the density requirements from two to four dwelling units per acre to one dwelling unit per five acres. The rezone was pursuant to the Thurston County Comprehensive Plan and the Urban Growth Management Agreement.  Thurston County and the Cities of Olympia, Lacey, and Tumwater entered into the agreement in June, 1988.

Adams brought a “declaratory judgment action,” seeking a ruling that his development rights were vested in 1987 when he filed his preliminary plat application and that the zoning standards in effect on that date controlled the density of McAllister Park and Lacey Estates. The trial court granted summary judgment to Adams.

Then, in a related case, Adams filed an application for preliminary plat approval of a proposed subdivision to be known as Silver Hawk Country Club Estates (Silver Hawk) in April, 1990.

A rezone in July, 1990, limited development to one unit per five acres, and included the Silver Hawk property. Lyle Anderson also sought a declaratory judgment that his development rights vested on the date of his application.

Anderson and Thurston County agreed that, pending appeal, the Adams decision governed Anderson's action. The parties entered into a stipulated summary judgment, ordering that Anderson's development rights vested in April, 1990.

In the end, in June 1993, the state Supreme Court ruled against the Thurston County saying:

“The only real purpose served by the County's interpretation of the ordinance is to allow it to change its zoning laws to defeat or modify a particular subdivision by delaying vesting until after environmental review. The County argues that later vesting is a preferable policy. The Washington Legislature and Supreme Court disagree.”

In fact, the Court said, “Thurston County argues extensively in its brief…contending that ‘substantial and permanent injury may be done to the public interest by those racing to apply for a permit to avoid a pending zoning change….’ This argument is more appropriately addressed to the Legislature. We must decide this matter based on state law and its interpretation by the court and not on our personal notions of wise land use policy.”

Fast Forward to 2015

Fast forward to 2015 and these cases may explain Thurston County’s reticence to demand an environmental impact statement and the sudden settlement of the SEPA appeals by the McAllister Park Homeowners Association.

Upon request by Little Hollywood, Robert Smith, Senior Planner, Thurston County Resource Stewardship Department, clarified the current land use application process and its relevance to the proposed Oak Tree Preserve development.

“Once a land use application is granted preliminary approval, there is a timeframe within which the applicant must meet all conditions or the approval /application will expire. 

“For subdivisions, that approval period is five years, with the possibility of time extensions.  The State legislature granted a temporary allowance for a seven year preliminary approval period for subdivisions and a 10 year period for older subdivision applications.  However, those provisions for seven and 10 year approval periods have lapsed.  

“So, for this project, if it is granted preliminary approval, the initial approval period will be for five years.  And, based on county code, the applicant can request up to five, one-year time extensions, for a total approval period of 10 years.

“There is no set timeframe that the initial application must be reviewed, as long as the applicant keeps the review active and responds to any requests for additional information within a set timeframe.  This application remained active from the application date in 2009,” Smith wrote in an email on Monday.

Smith said that while most application reviews do not take this long, it is not unusual for some to do so. 

“For this application there was never a point where the county required information that was not submitted in a timely manner.  The application was submitted in 2009 and there was ongoing review with the original applicant through 2011.  The project was sold to the current applicant in 2012.  The new applicant was in contact with the county and Fish and Wildlife during 2012 and 2013, responding to concerns about oak preservation, preparing a habitat plan, and meeting with staff to discuss proposals.  Based on the work from 2012 and 2013 the applicant submitted a revised application package in May 2014.”

State law RCW 58.17.033 requires vesting in all cases when the application is filed. As our understanding of the importance of restricting human impacts on natural resources and the environment grow, then the new laws that are adopted should set the stage for all future land use projects.

But as pointed out in Adams v. Thurston County, and the proposed Oak Tree Preserve project indicates, the entire SEPA process between the filing of a land use application and vesting will not change until state law is changed.

For two previous articles about the proposed Oak Tree Preserve development, go to Little Hollywood, www.janineslittlehollywood.blogspot.com.

For more information on the status of Thurston County permit applications, go to: http://www.co.thurston.wa.us/permitting/devactivity/devactivity-home.html The link also provides access to other pages that list new applications submitted for review.

For more information about Sustainable Thurston, go to the Thurston Regional Planning Council website at www.trpc.org/262/About-Sustainable-Thurston

 

Witness to Stormy Weather:

Thurston County's largest intact stand of Oregon White Oaks