Ecology Seeks Public Input on Revised Plan for Deschutes Estuary Dam Removal Project

 

Photo: The 260-acre Capitol Lake, 5th Avenue dam, Port of Olympia, and South Puget Sound as seen Thursday morning in downtown Olympia. Rafts of wigeons and other migratory birds could be heard from the Washington State Law Enforcement Memorial.

 By Janine Gates Little Hollywood Media

A handful of community members gave their input at a public hearing held Wednesday evening in downtown Olympia on new design elements of the Deschutes Estuary Restoration Project. 

The ambitious, multi-year project to remove the 5th Avenue dam and restore the 260-acre Capitol Lake and related shoreline to the Deschutes River estuary continues to progress through an environmental review process. The process is expected to end next year.

The hearing was conducted at The Olympia Center by the Washington State Department of Ecology. Lead agencies for the project are Ecology, the state Department of Enterprise Services, the Squaxin Island Tribe, the City of Olympia, and the City of Tumwater.

Another hearing, held virtually, will be held Tuesday, November 3, at 5:30 p.m. The deadline to comment on the project’s Supplemental Environmental Impact Statement (SEIS) is Monday, November 9, 11:59 p.m.

To read the SEIS document, comment, or get more information, go to the Deschutes Estuary Restoration Project at https://ecology.commentinput.com/?d=buGTA658B or by mail: SEPA Draft SEIS for the Deschutes Estuary Restoration Project, Washington State Department of Ecology c/o Bobbak Talebi, Southwest Regional Office, P.O. Box 47775, Olympia, Washington 98504-7775.

Staff explained that there are no new alternatives to dam removal. The supplement reflects the progression of the design process, and the evolution in project mitigation measures to reduce impacts. The last environmental review was conducted in 2022.

The draft supplemental document includes new wildlife habitat areas and flood control berms. Berms would be included at Heritage Park, and near the historic Tumwater brewery. The Marathon Park bridge would be replaced, the length of the 5th Avenue bridge would be reduced, and dredging between 4th and 5th Avenue would be increased. The updated 5th Avenue bridge design keeps the minimum 500-foot opening for tidal flow.

Other design changes include a new fish passage plan with additional tribal resources, environmental justice issues, and increased traffic impacts to the area. Increased material imports to protect the BNSF railroad bridge will involve more truck trips, requiring a closure of Deschutes Parkway for about three years.

The design process is expected to be completed by mid-2027. Construction is expected to begin in 2028, with a drawdown of the lake during that time. It is anticipated that the entire project will take six to seven years to complete. Funding for the project's construction elements has not been secured and is expected to exceed $400 million.

Staff also mentioned there would be an increase in sediment removal. Removal will occur every six years and be hauled away by truck. To avoid impacts at the marinas and the Port of Olympia, this latter chore will be financially shared through an interlocal agreement. Maintenance dredging in navigational areas of West Bay will occur after the dam removal. Staff said this commitment is tied to the benefits of estuary restoration.

Photo: Several speakers, including Gordon White, above, voiced their praise, concerns, questions about the Deschutes Estuary Restoration Project at a public hearing on Wednesday night in downtown Olympia.

Five speakers voiced their concerns, questions, and praise about the draft supplemental environmental impact statement.

Gordon White, a resident of the South Capitol neighborhood, praised the additions to the draft document and the overall project. He recalled how he used to fish and swim in Capitol Lake, but those days were long gone as the lake in its current condition is a water quality nightmare.

“Summer lake conditions are toxic. Removing the dam and restoring the estuary will greatly improve water quality.” White praised the interlocal agreement to share the sediment removal costs. “[The agreement] shows confidence our communities have in estuary restoration…. This type of shared financial commitment has never been seen before in other waterways in the United States.”  

Photo: Laurie Weidner, a board member of the nonprofit Deschutes Estuary Restoration Team (DERT). The citizen group has advocated for removal of the dam since 2009.

Laurie Weidner, a board member of the Deschutes Estuary Restoration Team (DERT), a nonprofit organization, echoed White’s praise, saying the group “enthusiastically supports” the supplemental EIS. Concerned citizens began organizing around the removal of the dam in 2009. DERT was formally founded as a nonprofit organization in 2011.   

Bob Holman and Jack Havens each expressed concerns with the document and removal of the dam. They co-authored a book with two others offering reasons why retaining the lake is a good idea. Holman said he is concerned about water quality issues after the dam is removed and Havens directed the hearing officer to a couple of studies about the ecological value of lakes.

Photo: Dell Berg, One Tree Island marina owner, spoke at a public hearing Wednesday night.

One Tree Island marina owner Dell Berg expressed concern about sea level rise and the storm surges that have occurred in recent years. The marina is located across from Budd Bay Café, and is one of four private marinas near downtown Olympia’s Percival Landing. He thinks future storm surges will be worse than projected and praised the additional berms. “The lake has protected downtown due to the dam. The berm construction is a good idea,” he said.

Owned by the State of Washington, the dam created Capitol Lake in 1951 and serves as a reflecting pool for the state Capitol Building. The lack of dredging has made the lake a vibrant habitat for wildlife and migratory birds. The lake sits on the southernmost portion of the Deschutes River before it reaches Budd Inlet and South Puget Sound, and has sparked controversy for decades. The shoreline underwent further changes with the creation of Heritage Park in the late 1990s.

Past port and city council election campaigns for public office lived or died based on a candidate’s position on the Capitol Lake versus estuary issue, a topic which peaked in the early 2000s. Extensive tribal, federal, state, and local agency cooperation and collaboration have occurred ever since. For more information about Capitol Lake, the Deschutes estuary, sea level rise, and related issues, go to Little Hollywood, at https://www.janineslittlehollywood.blogspot.com and type key words into the search bar.

 

Olympia’s Sea Level Rise Plan Begins with Port, LOTT

Above: At the southernmost tip of Puget Sound, Budd Inlet surrounds downtown Olympia. In the distance is the Washington State Capitol Building. At far right, the vacant nine story Capitol Center Building. Photo taken at high tide on March 10, 2016.

By Janine Gates

Little Hollywood

http://janineslittlehollywood.blogspot.com

Collaborating for the first time on a sea level rise response plan, the City of Olympia authorized its city manager to sign an interlocal agreement with the Port of Olympia and the LOTT Clean Water Alliance at its regular Tuesday evening meeting.

The three entities will work together to focus on the development of a sea level rise plan and provide recommendations for capital projects, funding needs, implementation schedules, and emergency response protocols.

An engineering firm, AECOM, has been chosen to develop the project’s scope of work. AECOM has assisted other communities in sea level rise response planning, particularly in the San Francisco Bay area.

City staff will report back to council in mid to late May with a detailed scope of work and public outreach plan. Overall, the process is expected to take 18 months to develop.

How the collaboration and conversation will unfold at the Port of Olympia and LOTT Clean Water Alliance is uncertain.

Rachael Jamison, environmental program director for the Port of Olympia, was present at the meeting, but did not address the council. 

Jamison told Little Hollywood that the Port has tracked the city’s research and work on sea level rise issues and port commissioners have received sea level rise reports in the past.

“Independent of commission meetings, the Port is going to provide opportunities for the public to participate in a way which will be clear once we have a plan. We recognize that there are vulnerabilities and we have to work together,” she said.

No representatives of the LOTT Clean Water Alliance were present at the meeting Tuesday night.

The City of Olympia has acknowledged and responded to sea level rise concerns since 1990.

Since 2007, staff has provided city council and the community with annual updates on current climate change and sea level rise research.

Illustrating their information with Olympia specific inundation maps, city staff gave council the most sobering sea level rise report to date at a study session in February 2016.

According to the National Research Council, four and a half feet of sea level rise is expected worldwide by 2100.

Andy Haub, City of Olympia’s director of water resources, gave a sea level rise report to the community on February 8, 2017 at the Olympia Center.

As he has reported in the past, a one foot sea level rise means flooding would occur 30 times a year in downtown Olympia.

Two feet of sea level rise would flood downtown 160 times a year, and four feet of sea level rise would flood downtown 440 times a year, which is more than once a day.

The city set a policy in 2010 to protect downtown and that is reflected in the goals and policies of its Comprehensive Plan.

Above: Susan Clark, City of Olympia senior city planner, will act as project manager for the city’s sea level rise plan. She has a long professional history with planning and water related issues.

Susan Clark, a senior city planner with the City of Olympia since early January, is taking the lead as the city's sea level rise project manager for day to day issues. 

Andy Haub and Eric Christensen, City of Olympia's water resources planning and engineering manager, will continue to be involved and play a major role.

Interviewed by Little Hollywood on Tuesday, Clark discussed her background and her new job. A graduate of Timberline High School in Lacey, Clark now lives in Tacoma.

Clark is responsible for planning activities related to Olympia’s drinking water, stormwater, and wastewater utilities, and is working on the completion of the city’s storm and surface water utility plan.

Sea level rise is a new, additional responsibility to the position.

Clark started her professional career in 1990, helping to develop Pierce County’s Growth Management Act Comprehensive Plan. She later transferred to the Public Works Department, where she was responsible for drinking water issues, including participation in watershed planning.

After spending 15 years with Pierce County, Clark worked with Tacoma Water as their water resources planner. She also processed water rights at the state Department of Ecology and worked at the state Department of Health as a regional planner with the drinking water program.

Multiple downtown Olympia development projects by the city and the port are underway in precisely the area destined to be first impacted by sea level rise.

These vulnerable areas, built on fill, are well within the historic shoreline of Budd Inlet.

Asked about her interest in sea level rise issues, she said she has visited Annapolis, Maryland, and has studied their issues.

“They have an old downtown, right on Chesapeake Bay. Other communities have aspects of their plans that we can learn from….As a professional planner, I am very interested in the opportunity, and feel honored, to assist a community with this relatively new area of planning. Throughout my 25 plus year career, I have learned that a planner is a generalist, bringing organizational skills and a different way of thinking to the table,” said Clark.

Little Hollywood regularly writes about downtown Olympia sea level rise issues, shoreline management, and related development. For more information about the city’s reports, including the February 8, 2017 report and the February 2016 report, past high tide events, photos, and community concerns, go to Little Hollywood, http://www.janineslittlehollywood.blogspot.com, and type key words into the search button.

To stay up to date with the city’s sea level rise plans, go to www.olympiawa.gov/SeaLevelRise, or contact Susan Clark, senior city planner at sclark@ci.olympia.wa.us or (360) 753-8321.

Olympia Starts Sea Level Rise Planning

Above: Over 100 interested community members attended the City of Olympia's annual sea level rise report to the community, delivered by Andy Haub, the city's water resources director, at the Olympia Center on February 8. Olympia is starting a coordinated sea level rise response plan with the Port of Olympia and the LOTT Clean Water Alliance.

By Janine Gates

Little Hollywood

http://www.janineslittlehollywood.blogspot.com

“This is going to go on forever…this will be our future,” said Andy Haub, City of Olympia water resources director, about the city's planning for sea level rise. 

Speaking to the city’s citizen utility advisory committee on Thursday evening, Haub provided an update on the city’s sea level rise plan and the committee's role in its implementation. 

The citizen advisory committee is charged with overseeing the city’s sea level rise planning process.

Looking at a draft plan schedule that included typical public outreach tools employed by the city, the group was quiet and seemingly a bit daunted by the responsibility. 

When a member questioned how they should go about their role, Haub admitted that there is no clear recipe.

“You’ll have to use your collective judgement,” Haub said, acknowledging that sea level science is evolving, but there are strategies the city can draw upon from around the country and the world.

They agreed that the ultimate governance for the plan, whatever that plan turns out to be, needs to be carried through the whole process, and not left to the end.

At its regular Tuesday meeting, April 11, the Olympia city council is expected to sign an interlocal agreement with the Port of Olympia and the LOTT Clean Water Alliance for the planning and assessment of sea level rise issues.

The city, Port of Olympia, and LOTT all own properties and have responsibilities in the area where sea level rise is expected to inundate downtown Olympia.

An international engineering firm, AECOM, has been chosen to help the city determine the plan’s scope of work and ensure a robust public involvement process.

The scope of work will focus on the development of a sea level rise plan and provide recommendations for capital projects, funding needs, implementation schedules, and emergency response protocols.

The plan will include a full analysis of options for responding to various sea level rise scenarios over a 100 year time frame, and look for ideas from other areas of the United States and the world.

The city, port, and LOTT will divide the costs for consulting services. The port and LOTT will pay up to $75,000 each and the city will pay at least $75,000. Total costs for consulting are not to exceed $250,000 without further negotiation and approval.

According to science based research and multiple reports, there is no doubt sea level rise will impact downtown Olympia as we know it.

Thad Curtz, former chair of the Utility Advisory Committee citizen advisory committee, was one of several community members who expressed concerns on Thursday about the plan’s scope of work.

“The staff presentation said that we’re eventually going to have eight feet of sea level rise. We ought to be thinking about (a plan) with respect to earthquake risk. If we have four feet of sea water outside of whatever we build, and we have an earthquake that impacts a dike or whatever, we’re going to have very serious costs. We need to be planning to deal with that.

“We’re talking about restoration of Budd Inlet at the same time we’re talking about seriously altering the shoreline from Priest Point Park to West Bay. We also have the whole Capitol Lake process going on. Those planning processes ought to be related to each other.

“We [also ought] to have a conversation about setbacks. How much room do we need between buildings and the shore if we’re going to have to deal with eight feet? We can’t just talk about sea level rise as if it’s something by itself,” said Curtz, who said he intends to stay involved with the conversation.

Former city planning commission member Judy Bardin said that adaptation for sea level rise will be a huge and costly undertaking, noting that city staff estimates that sea level rise adaptation for downtown Olympia will cost in excess of $60 million, and the pumping system alone could be $37 million.

“If the public is going to be asked to pay for sea level rise mitigation in any way, they need to be brought into the conversation now, especially in the scoping of the plan…we need to involve our neighborhoods and the environmental community,” she said.

Helen Wheatley of Olympia asked staff and the utility advisory committee members to think of all people who are impacted by utility decisions and plans.

“It includes everyone from low income apartment dwellers, to treaty tribe members struggling to preserve and enhance salmon habitat in the face of over a century of catastrophic assaults on the ecosystem,” she said.

Wheatley urged that the plan take a “safety first” approach that considers the realities of who lives there, who will live there in the future, and how we live.

“Is it fair or right to drive people into the flood zone because they don’t own a house?” she asked.

“Sea level rise will not happen overnight, but its progression will be relentless. We can choose to transition ourselves into a newer city by moving uphill. How long we hang on to different parts of downtown will involve tough financial, emotional, technical, and political decisions,” said Walt Jorgensen of Tumwater.

Sea Level Rise Community Update

Above: In what has become a familiar scene, the city's public works team, with Andy Haub, City of Olympia water resources director, in yellow jacket, stationed themselves near the Oyster House restaurant on Sylvester Street in downtown Olympia on the morning of March 10, 2016, to monitor the surge from nearby Budd Inlet.

Haub gave his annual sea level rise update to the community on February 8 at the Olympia Center. Over 100 people were in attendance.

Haub described how the city is currently needing to manage four to five significant downtown flooding incidents per year. To add to that scenario, downtown Olympia appears to be sinking at the rate of one inch per decade. 

A situation of low atmospheric pressure creates exceptional high tides, turning moderate tides into high tides, and high tides into extreme tides.

“That whole dynamic is absolutely fascinating…the intensity of storms will increase. Our downtown streets are flat, not deep, so water will spread far,” said Haub, who has long reported that the city could manage one foot, or maybe two feet of water, but no more than that. 

Vertical gates, flood barriers, elevated landscapes, and the strategic placement of planter box barriers will only work up to a certain point.

“We’re planning for two feet of sea level rise by 2050, but with two feet of water flooding downtown every other day, it just won’t work for long,” he said.

Audience members were at all different levels of understanding about sea level science, and peppered Haub with questions about sea level rise projections for downtown, Budd Inlet flood dynamics, and the city’s plan in relationship to other plans, such as the multi-year, $250,000 study called the Downtown Strategy.

The Downtown Strategy has a 20 year planning horizon, leaving many to wonder why the city is encouraging downtown development, and how sea level rise fits in.

Although port commissioners and city council members were present in the audience, Haub stood alone, fielding questions while facilitating a complicated conversation during his PowerPoint presentation. Lacking support, he lost control of the meeting about 20 minutes into the program.

Frustrating some audience members, Haub unquestionably defended the city’s stance that downtown must be saved. Several audience members expressed their opinion that the best solution is to retreat to higher ground. Haub responded that a retreat is not consistent with the city’s Comprehensive Plan.

Haub did not have answers for many questions, including the impact of sea water salinity on downtown’s underground and above ground electrical systems.

“Downtown is vulnerable. We have to accept and acknowledge the risk. This plan will start addressing how we balance and manage new development. There’s a way we can do it, it’s just not cohesive at this point,” he said, adding that the city has a lot of investments in downtown Olympia, most notably the region's LOTT water and wastewater system, which is valued at $1.2 billion.

Above: During times of high tide and favorable atmospheric pressure, certain areas of downtown Olympia are inundated with storm surge from Budd Inlet, overloading storm water systems. The area on State Street in downtown Olympia near the former Les Schwab tire store building at 210 State Street experiences flooding several times a year. The vacant building lies mere feet from Budd Inlet and is now owned by developer Walker John, who proposes to turn the property into a restaurant and 40 unit housing development. Photo taken March 10, 2016.

For numerous articles about sea level rise and flooding incidents in downtown Olympia, the management of Capitol Lake, current sea level rise projections for Olympia with photos and maps, go to Little Hollywood, http://www.janineslittlehollywood.blogspot.com and type key words into the search button.

The city's Utility Advisory Committee meets on the first Thursday of the month, at 5:40 p.m., in Olympia City Hall, Room 207, 601 4th Avenue East. For more information, go to www.olympiawa.gov.

Old Brewhouse Planned Action Decision Postponed until March 15

Above: The historic Old Brewhouse sits near the Deschutes River in Tumwater. Aerial photo taken in late December 2014. The presence of a proposed 1,000 vehicle parking structure located behind the brewery would wipe out the treed hillside containing legendary artesian springs, and its height could dwarf or wall off views to and from the historic Schmidt House, seen at upper right.

By Janine Gates

www.janineslittlehollywood.blogspot.com

A public hearing by the Tumwater City Council on a proposed mixed use planned action ordinance for the 32 acre area around the historic, regionally beloved Old Brewhouse was held February 16.  Due to the illness and absence of three councilmembers, no action was taken.  

A follow up work session was held February 23. Another work session on the issue is scheduled for March 8 at 5:30 p.m.,Tumwater Fire Department training room, on Israel Road. Public comment is not allowed at work sessions.

The subject has been placed on the Tumwater city council agenda for consideration at their March 15th meeting at Tumwater City Hall. That meeting starts at 7:00 p.m.

Public Hearing

Kicking off the discussion on February 16, several members of the public and property owner George Heidgerken addressed the council.

Among three land use scenarios, Heidgerken and his project manager, Jon Potter, desire a full build out of the property to include housing and a 1,000 vehicle parking garage. 

The proposed garage would be several stories high and built into the hillside that contains the legendary “It’s the Water” artesian springs that attracted Adolf Schmidt in 1895 to build his brewery on the shore of the Deschutes River.  The brick brewhouse tower that is the symbol of Tumwater was built in 1906.

Potter said that the planned action final environmental impact statement was well written.

“There is a level of development that’s necessary in order to do the restoration work and get the financing necessary to do the restoration that we all want to occur on that site to bring it back to its original grandeur. That build out scenario is necessary in order for us to achieve that goal,” said Potter.

Councilmember Joan Cathey said her research indicates that eight out of ten planned actions used statewide were disastrous to the environment.

“This is giving - deciding - what we’re going to allow when we don’t even know what it is….I feel really emotional about this…this does not seem like the place for density when you can’t even get a vehicle down the hill,” said Cathey, who added that she couldn’t even imagine a 1,000 vehicle garage behind the Old Brewhouse.

The exact height of the garage is undetermined.

When Cathey asked Mayor Pete Kmet when it was decided as a city that this was going to be a planned action, Kmet did not directly respond, but said that this is the first time it’s ever been done in Tumwater.

Chris Carlson, city planner and permit manager, said that the intent of a planned action is to have a detailed environmental analysis conducted ahead of time to streamline the permit review process and is more often used in subarea plans. 

Developers like planned actions because they reduce the overall costs for the project and provide predictability in the process. 

A key sticking point for environmentalists is that planned actions are not subject to State Environmental Policy Act appeal procedures. Their use essentially reduces or eliminates the possibility of legal challenges to individual projects within a study area.

Councilmember Nicole Hill expressed concern that there was nothing in the ordinance that would prevent the owner, George Heidgerken, from destroying the iconic tower.

“I was expecting to see how the tower would be protected and restored…I want assurances for the community,” said Hill, who also mentioned the need for public access and trails.

Councilmembers expressed the importance of balance between restoration of the Old Brewhouse and new development, noting that the tower is deteriorating by the day.

Councilmember Tom Oliva said he is in favor of the full build out scenario and expressed confidence that Heidgerken can develop the property with sensitivity. 

Councilmember Eileen Swarthout agreed with Oliva and thought the council could craft a vision in a way that would be pleasing to the public.

Carlson said the ordinance could be reworked. After extended discussion about how the public could weigh in, Carlson suggested that the council could have another public hearing. That possibility was left up in the air.

In a surprise, rambling comment, Heidgerken mentioned that he is in conversations with the city to donate the tower to the city.

“…That probably will happen because it’s the right thing to do. On projects like this, you’ve got to do a lot of that ‘right thing to do stuff’ because projects like this add up very quickly….Projects like this can take up $150 million in no time at all and you don’t know when you start these things that that’s going to happen….The old Custer building (the RST Cellars building) in a lot of ways looks like hell. It’s a building that needs to stay. It needs to look like it fits in – that means brick it….If we don’t make this site look good…we’re going to darn well wish we did when we’re done, and our intentions are to do that….” said Heidgerken.

Neither councilmembers nor staff elaborated about these conversations with Heidgerken.

In October 2014, the City of Tumwater issued a stop work order at the site after Heidgerken was found to be illegally filling in wetlands and grading a road at the site without permits. Heidgerken has a history of committing environmental offenses.

The stop work order was lifted when Heidgerken was issued a permit in September 2015 to begin groundwater monitoring. The permit allows his company to place 644 cubic yards of fill in the vicinity of the southeast corner of the Old Brewhouse building. Groundwater monitoring is required as part of soil remediation work associated with a paint shop that was formerly in this area.

Heidgerken has yet to start work, said city staff.

Above: The six story Old Brewery tower is in severe disrepair. Several areas are roofless and exposed to the elements. Photo taken from within the tower in October 2014.

Discussion Continued at February 23 Council Work Session 

The conversation continued at a council work session Tuesday evening. At both the February 16 and 23 meetings, the written comments by Tumwater resident Nancy Partlow were mentioned by councilmembers. 

“I see very little in the final environmental impact statement (FEIS) that reflects an imaginative or creative vision for redevelopment of Tumwater’s most iconic site.  What’s being proposed are the same highly impactful, highly engineered solutions to perceived problems that would be proposed for any other property in the city. There is nothing here that acknowledges, honors, or works with the very special cultural, historical, or natural features of the area,” wrote Partlow.

“What would these buildings look like on-site and in relation to the current buildings? How would the currently-treed hillside south of the Old Brewhouse buildings and north of the Schmidt Mansion change in appearance with the building of a parking garage, condos and a new access road? How would the view north from the Schmidt Mansion site be impacted by a parking garage being built on the hillside below?  Would the roof of the new structure dominate the foreground of the view?   

“To say that the loss of the hillside trees, which are growing in highly challenging circumstances on steep slopes and rocky substrate, can be mitigated by Tumwater’s Tree Protection Ordinance, or the forest restored in any meaningful way or length of time, is highly questionable….These hillside springs and seeps have been a natural feature of this site from time immemorial. It was this fresh water that drew Adolf Schmidt to the site to make his beer. They are also an important component of Tumwater’s nearshore environment. 

“I ask the council to deeply ponder whether the mitigations proposed in the Final EIS are sufficient to counterbalance the substantial impacts an urban-intensity development would have on that older site history, and upon the beautiful, quiet natural area that currently exists,” wrote Partlow.

Sharron Coontz attended Tuesday night’s work session about the Planned Action EIS and submitted written comment to the mayor. 

“A Planned Action EIS is a dangerous tool. It allows the developer incredible flexibility.  After the project is underway, changes can be made that have environmental impacts never considered in the original EIS.  Developers in the past have stated that these changes are covered since they’re working under the aegis of a Planned Action EIS.  Hearing examiners have upheld that claim,” wrote Coontz.

“It completely negates the rights of citizens. If no one appealed the original Planned Action EIS, seeing no serious danger listed in the environmental impact section, then hearing examiners have said that none of the individual projects can be appealed as they arise. Changes can be made to the original project and citizens are helpless, with no legal recourse.

“We’re discussing an iconic, historic site, important to many of us who, like my family, have generations-long roots in the area….No developer should be given the leeway allowed in a Planned Action EIS, and certainly not one with Mr. Heidgerken’s track record,” wrote Coontz.

Speaking of flexibility, city staffer Chris Carlson said that, indeed, the specific uses identified within the planned action area, such as the proposed condominiums and restaurants, could be switched around within the footprint of the site.

Discussion centered on the size of the proposed 1,000 vehicle parking structure. Councilmember Nicole Hill said that the tower should be the centerpiece and the design of the garage would seem to overshadow the tower’s appearance.

Mayor Kmet and Councilmember Hill asked staff to reorganize the documents comments in a searchable format that allows councilmembers and the public to better read the impacts and the proposed mitigations.

To see the final planned action environmental impact statement, go to http://www.ci.tumwater.wa.us/home/showdocument?id=8603. To search the document, save it to your desktop or other preferred folder and then open it up with Adobe Reader and search. For more information, contact Chris Carlson, City of Tumwater, (360) 754-4180 or ccarlson@ci.tumwater.wa.us. The proposed ordinance is No. O2016-003.

Editor's Correction, February 28: The following quote should have been attributed to Nancy Partlow, not Sharron Coontz: 

“....The developer should work with the site’s natural elements to make this project not only environmentally and ecologically 'sensitive' but a model to others for how it can be done. This is an opportunity to do things differently, in a truly special and unique way. I am not seeing that in this document.”

For past stories about Tumwater, the three planned action land use alternatives for the Old Brewhouse property, George Heidgerken, the stop work order in 2014 and related stories and photos, go to Little Hollywood, www.janineslittlehollywood.blogspot.com and type key words into the search engine.

Olympia Wedding and Event Venue In Question

Above: Grande Terrace at Capitol Lake on Deschutes Parkway is requesting a conditional use permit from the City of Olympia for the rental of a residence for wedding and social events. The business has been operating under temporary use permits for two years while violating the terms of those agreements.

By Janine Unsoeld

www.janineslittlehollywood.blogspot.com

The owner of Grande Terrace at Capitol Lake, an event and wedding business located at 915 and 1007 Deschutes Parkway SW, is requesting a conditional use permit (CUP) from the City of Olympia for the rental of a residence for wedding and social events.

The venue, which has a view of Capitol Lake and the Capitol Dome, currently does not have a permit to operate but has contractual commitments for future events.

On Wednesday morning, city staff denied the conditional use permit at a site review planning committee meeting held at city hall. Based on staff’s analysis of the land use and building codes, the proposed use is commercial in nature and is not allowed. The property is zoned single family residential 4 – 8, meaning four to eight residences can be built per acre.

The case is being referred to the city’s hearing examiner, who is scheduled to hold a public hearing on the situation on Monday, May 11, 2015, 6:30 p.m. in the Olympia City Council Chambers, 601 4th Avenue East, Olympia.

A March 18 application submitted to the city by Bart Zier states that a permanent, unheated 3,300 square foot covered porch would be attached to the residences, and that the venue would host between 20 -30 events per year.

Although the business website states that the venue accommodates events between 30 – 225 people, the application states that the maximum capacity for the venue will be 150 people.

The area is on a septic system and wells meant for single family dwellings and there is only one fire hydrant nearby on Deschutes Parkway to serve those residences.  According to the application, three portable toilets would be brought in to serve guests. City staff noted these limitations, among other factors, in its report.

The city is prepared to defend its position with a lengthy list of recommended conditions if the hearing examiner approves the permit. The case file is thick with maps and letters from state agencies such the state Department of Enterprise Services, the regional LOTT Clean Water Alliance and interested citizens who have already submitted comments on the case expressing concerns and questions about the business regarding the environment, access, public health and safety, parking, traffic impact, sea-level rise and stormwater management issues.

In what has become a fast-moving story, Zier revised the application on March 24 to reduce the size of the porch to 2,800 square feet in order to avoid a review by the city’s Design Review Board. Zier has previously submitted a variety of applications in an attempt to maneuver around the city’s zoning, home based business, residential, and commercial regulations.

A series of 2014 spring and summertime correspondence between the city and the applicant detail multiple code violations and incomplete applications for a conditional use permit.

Shoreline issues are also of concern. The area where a temporary tent is usually located and related operations may fall within the 200’ shoreline jurisdiction of Capitol Lake, and subject to the Conservancy regulations for commercial uses in the Thurston Region Shoreline Master Program.

LOTT owns and operates a pump station on property adjacent to the Grande Terrace business. Their letter expresses concern about access to the pump and other issues.

The State of Washington owns property west of Deschutes Parkway up to the railroad corridor that is owned by the Burlington Northern Railroad.  According to a letter submitted by the Washington State Department of Enterprise Services last summer, pedestrian access improvements were constructed over and upon both the Burlington Northern property as well as the state property to access the business. Because these improvements blocked the railroad and were not permitted, the owners were advised to remove the improvements, which they did.

A large, white tent structure with partitioned plastic windows can usually be seen from Deschutes Parkway. The tent is heated with stainless steel outdoor patio propane heaters for events. Earlier this week, the tent was seen being dismantled. When asked about this by Little Hollywood before the Wednesday meeting, Zier said the tent was being removed for “cleaning and restructuring.”

Parking is extremely limited, with event patrons parking along Deschutes Parkway, or at nearby Marathon Park. Patrons must cross Deschutes Parkway and the Burlington Northern Railroad tracks, without a crosswalk, to access the venue.

According to Michelle Bentley, the city’s urban forester, the property has also been cleared of trees without permits.

The property may also contain a wetland that has been filled and graded without permits. Standing water could be seen earlier this week near the railroad tracks. City staff member Eric Christiansen says a fish bearing stream crosses the property and may be a critical area.

“Our code has a provision that “grandfathers” disturbed areas within critical areas/buffers; however, any new improvements would trigger critical area review,” he said in an email. A stream on the property has also been mapped by the state Department of Natural Resources.

Above: A stream, seen here in December 2014, is located on the Grande Terrace on Capitol Lake property.

 

Truckloads of fill and gravel were witnessed being brought onsite by neighbors in the last two to three years and nearby, uphill residents on South Rogers and South Percival have complained about noise from the venue. Neighbors say that they assumed it was a permitted operation and allowed by the city. 

 

Above: Grande Terrace on Capitol Lake features a view of the Capitol Dome. For weddings and events, chairs are set up on the lawn for viewing wedding ceremonies.

 

Business Is a Repeat Code Violation Offender

The applicant is Bart Zier, who lists his address as 915 Deschutes Parkway SW. His mother, Donna Zier of Lacey, is listed as the property owner. The address listed is not Mr. Zier's home – it is the business, and contains a bar, catering kitchen, restrooms, and changing rooms for the bride and groom.

The business has been operating for two years under temporary permits. At one point, on August 3, 2014, the city issued a stop work order to Mr. Zeir for construction activities taking place without permits. The city informed Zier that he must obtain necessary permits and land use approvals, including temporary use permits, conditional use permits, and building and fire code permits.

Up to six events are allowed per year under a temporary use permit. According to the city, Zier held an initial event without a permit, received temporary permits for six events, then held two more events without a permit. In addition, Zeir did not follow several rules within the temporary use permit.

In an August 2014 letter written by city lead planner Cari Hornbein, the city informed Zier that given the scale of the operation, the city considers it to be a commercial use which is not allowed in a residential zone district even with the conditional use permit. The city informed him that his options moving forward include scaling back the operation and using the house for events, or seeking a rezone and comprehensive plan amendment to allow commercial use of the property.

Property History

Local attorney Trena Worthington owned the stately brick home and two other adjacent parcels. When she died, her long-time friend Dorothy Wack became the executrix of her estate. In documents, Mrs. Worthington stated that her home, built in 1975, was never to be used for commercial uses.

In January 2004, Wack sold the house to Dr. Angela Bowen for about $1.2 million. Dr. Bowen, in turn, sold the house and another parcel in September of that same year to Donna Zier as well as another residence, a two story, four bedroom home built in 1940, located at 1007 Deschutes Parkway.

Zier also owns the Grande Holiday Ballroom on 4^th Avenue, another wedding and event venue, which used to be the old Salvation Army.

Wack has diligently worked to adhere to Mrs. Worthington’s wishes and has written letters to the city for at least a year and a half, expressing concern about the business operation, and in fact, hired legal representation to stop the business from using the Worthington name as its business name.

In her letter dated April 15 to the city, Wack lays out a wide range of municipal, state, and federal law violations the business has committed and expresses concerns regarding public health and safety.

According to Wack, as of April 15, Zier does not have the permission of the Burlington Northern Railroad for people to cross the railroad to access his business. She also cites noise and light pollution, and parking violations.

“It is disturbing to know that the Ziers developed a wedding and event site without first getting the proper permits from the City of Olympia, State of Washington, or Burlington Northern Santa Fe Railroad. One would assume that the Olympia Municipal Code Manual, Olympia Comprehensive Plan, State Environmental Policy Act, Washington State RCWs and WACs are written to provide some sort of order and structure for living within the confines of our fine city. That being the case, I question how the Ziers can obtain a conditional use permit while violating so many sections of these governing instruments….” Wack wrote.

Two other neighbors, Bryan and Jeanne Sandeno, who have lived since 1991 on Terrace Lane SW in the historic Highmiller Home, are directly impacted by the business. Subjected to frequent noise pollution, the Sandeno’s have made code violation reports to the city, and will be testifying against the business’s continued operation.

“Looking at the requests stated in the application, in light of what we now know about the discovered code infractions at the site…a [Conditional Use Permit] CUP should not be granted. The character of this business is definitely not in keeping with the neighborhood…and as we know a business of this type does not belong in a residentially zoned area….” state the Sandeno's in their letter to the city.

Anyone interested in this case is invited to attend and present testimony regarding this business. Written statements may be submitted to the Olympia Community Planning and Development Department, PO Box 1967, Olympia, WA 98507-1967. Refer to Case Number # 14-0053. Written comments must be received at or prior to the public hearing on May 11th.

For more information, contact Cari Hornbein, City of Olympia lead planner at (360) 753-8048 or chornbei@ci.olympia.wa.us.  

 

Above: Standing water, indicating a possible wetland, by the Burlington Northern railroad track along Deschutes Parkway on April 21, 2015.