Olympia Community Responds to City Sea Level Rise Report

Olympia Community Responds to City Sea Level Rise Report

washington  

Above: A high tide laps at the back door of Bayview Thriftway in downtown Olympia on December 18, 2015. Percival Landing is seen on the right. The tide was 16.2 feet at 10:13 a.m., just about the time this picture was taken.

Community Members Offer Sea Level Rise Comments, Solutions

By Janine Gates

www.janineslittlehollywood.blogspot.com

The underlying message by City of Olympia public works staff to city leaders last week, that sea level rise planning must become incorporated into responsible community conversations and downtown land use decisions, seemed to take councilmembers by surprise.

After all, the message was in conflict with the fact that the council has moved forward on multiple downtown development projects in precisely the area destined to be first impacted by sea level rise.

Disregarding past reports and persistent community voices, the city embraced the massive 123 4th Avenue housing project, and allocated $250,000 to form a downtown strategy. That money came from 2014 year end savings and is anticipated to be adopted at the end of 2016.

To encourage new development, the city recently hired an economic development director, and is hammering out a downtown Community Renewal Area (CRA) plan. Begun in 2013, the effort now needs $40,000 more to complete its work with its legal consultant. The city also approved $35,000 for developer Walker John and his company, Urban Olympia, to scope out a plan of work for the aptly named Water Street Redevelopment Area.

The total CRA budget revised for 2016: $342,500.

In an oral staff report provided to the city’s Community and Economic Revitalization Committee (CERC) on February 8, it was noted that the same developer is moving quickly in his efforts to develop the parcels owned by the Port of Olympia bordering State and Cherry Street, across from the Hands On Children’s Museum. Concept plans have already been drawn up by architect Ron Thomas.

As the council subcommittee bantered around their work plan goals, questioned whether or not a CRA is really needed given the fact that the economy is moving, and welcomed the planning of two developer roundtable discussions specific to the downtown strategy by the end of March, the words “sea level rise” were never spoken.

Above: Walking along Percival Landing near Sylvester Street on December 18, 2015, electrical boxes and lighting components behind the Oyster House are clearly submerged by Budd Inlet. The tide was 16.2 feet at the time this picture was taken. 

Community Efforts and Responses to Sea Level Rise Report

Given downtown Olympia’s proximity to Budd Inlet, the sheer amount of engineering that needs to occur to prepare downtown Olympia for climate change and sea level rise is almost unimaginable.

But some South Sounders have offered their expertise, thoughts, and solutions on the matter for years.

Following the sea level rise report delivered by staff to Olympia city council on February 9, community member and economist Jim Lazar issued a few ideas during public comment period.

“Aberdeen and Hoquiam require all new buildings in their downtown areas to mound up their building sites at least three feet. We can do that here. Some people have said that we will not abandon downtown. If that’s what you believe, start budgeting like you mean it. The engineered response to sea level rise will cost tens of millions of dollars.”

Saying he was the part owner of a downtown business, he requested that the council poll downtown business owners to see if they were willing to approve a two million per year local improvement district or diking district levy to start paying for this.

“…But if the owners of these buildings are not willing to invest what it will cost to protect their investment, maybe that tells us something. If asked…I would vote no unless there was some certainty that a long-term plan was in place, adequately funded, and likely to succeed. A reasonable plan would be to impose a development moratorium on the low-lying parts of downtown until a plan is perfected, and funding is assured,” said Lazar.

Community member Daniel Einstein immediately submitted a letter to councilmembers, taking issue with staff comments that without the dam, the lake would flood more frequently.

“An important question is, how do we translate those 2007 Capitol Lake Adaptive Management Plan (CLAMP) report findings ten years down the road when sea-level rise must now be considered inevitable? There is no perfect translation of course, but here are a few things to consider,” he wrote.

“First, as sea-level rises, the 5th Avenue dam will become inoperable. Tides will flow back into the basin no matter what we do. In other words, given the forecasts…the dam will not be relevant. Second, a lot has changed from a regulatory point of view since the dam was constructed. There is no way a new, higher dam would ever be permitted, even if it could be engineered.”

“An additional point to be considered is that the lake is filling up rapidly with sediment. As it does, its capacity to hold water decreases making flooding more likely. This was the Deschutes Estuary Feasibility Study’s (DEFS) conclusion. If the estuary were restored there would be more capacity for the rising sea - more room for the waters to flow.  As it is now, there is no depth in the “lake” and a dam plugging up the system. However, when the DEFS was done sea-level rise was a less thought of phenomenon….

“I do believe this is an issue that we should look into further as we decide what and where to protect and how to pay for it. It is also something to consider as we decide the future of the isthmus,” wrote Einstein.

Sue Patnude of the Deschutes Estuary Restoration Team (DERT), a local nonprofit, also weighed in:

“....The lake is getting shallower and shallower, eliminating its capacity to hold water, and the dam is in disrepair. Constant repair and money will be needed to monitor the ability of the dam to function in the future. It is old, and should it fail in a closed position, flooding will be inevitable.”   

Patnude said the state Department of Enterprise Services (DES) has proposed $500,000 in its capital budget for routine inspections of the dam and upgrades to the service life of the facility within the resources provided. The dam was built in 1951.

Above: Roger Horn stands on Percival Landing near Bayview Market on December 18, 2015. The tide, at the time this picture was taken, was 16.2 feet. The high tide for December was 16.4 feet. Percival Landing was constructed in three phases in the 1970s and 1980s.

Upon hearing the report, Roger Horn, a former, longtime member of Olympia’s Planning Commission, became concerned about whether or not the 30 foot setback as stated in the city’s new Shoreline Master Plan is going to be enough for new construction.

“In terms of possible solutions, I’d prefer on-shore berms to bulkheads or seawalls….The first thing that came to my mind was the Percival Landing replacement project and how that project will address sea level rise since super high tides already come within inches of businesses at Fourth and Water Street,” he told Little Hollywood.

Phase two improvements for Percival Landing are slated for the area around Water Street and the Oyster House restaurant, near The Kiss statue. To ensure continued progress towards the replacement of Percival Landing, the city’s current capital facilities plan budgets $199,000 for design efforts, to be spent in 2016. Actual initiation of the project is not scheduled to occur for several years.

TCAT Survey Reveals Possible Local Solutions

Another non-profit, the Thurston Climate Action Team (TCAT), recognized the risk of sea level rise to the city, and inventoried greenhouse gas emissions in Thurston County and its cities.

Recently, TCAT led a detailed survey of attitudes within the county on energy and climate change and the willingness to address it financially.

One survey question asked, “If nothing is done to reduce global climate change, how serious of a problem do you think it will be for Thurston County—very serious, somewhat serious, not so serious, or not serious at all?”

Combining the “very serious” and “serious” responses, 76 percent of respondents believed there will be serious local consequences for not addressing climate change.

Respondents were asked about their willingness to personally contribute money for renewable energy and energy conservation projects and what kind of taxing mechanism they would prefer for financing those efforts. Dollar ranges were provided as options. 

Over 75 percent of respondents indicated they were willing to pay something to promote renewable energy and energy conservation, and a solid majority, nearly 69 percent, were willing to pay at least $10 per year.

Another surprising result was the number of people willing to pay over $60 per year. Among those willing to contribute, the highest number, nearly 22 percent, indicated they would pay over $120 per year. To generate those revenues, nearly 63 percent mentioned they would support a tax increase of some sort.

“This creates an opportunity for local governments (county, city, PUD, Port and others) to coordinate a county wide effort to encourage and incentivize the use of clean energy. A reasonable next step toward creating a county-wide clean energy program would be a collaborative design effort led by local government, completed in a relatively short period of time,” says the report.

The report was completed in September 2015 with financial support from Thurston County and LOTT Clean Water Alliance and faculty participation by The Evergreen State College, Saint Martin’s University, and South Puget Sound Community College.

Tom Crawford, vice president of TCAT, is leading the Climate and Clean Energy Work Group within Thurston Thrives. Thurston Thrives is the county Board of Health's initiative to engage the community in taking action to improve the health of Thurston County's population. The environment is one of the nine key areas. 

“These survey products become resources to form a solid foundation for local solutions,” said Graeme Sackrison, former mayor of Lacey and board chair of TCAT.

Upcoming:

For more information about the City of Olympia's Downtown Strategy, go to www.olympia.wa.gov/DTS. On Saturday, February 20, 2016, 9:30 a.m. - noon, at the Olympia Center, 222 Columbia Street NW, the city is sponsoring a workshop to evaluate downtown strategy proposals about the mix and areas of emphasis for downtown residential, retail, entertainment, and more. All this planning takes on a new meaning in light of the sea level rise report.

Community Discussion of Climate Crisis Actions, Sunday, February 21, 2:00 p.m. - 4:00 p.m, United Churches, Fireside Room, 11th Avenue SE, Olympia. The event is sponsored by the Olympia FOR Climate Crisis group, who welcomes new people to the movement to address climate change.

For more information about Thurston Thrives, go to www.thurstonthrives.org. Its next meeting is February 29, 3:00 p.m. – 5:00.p.m., Thurston County Courthouse. 

For more information about the Thurston Climate Action Team’s work, go to www.thurstonclimateaction.org.

For past stories about the City of Olympia's sea level rise report, Capitol Lake, high tide pictures in 2010 and 2012 around Percival Landing, the Community and Economic Revitalization Committee (CERC), and more, go to Little Hollywood, www.janineslittlehollywood.blogspot.com, and type key words into the search button.

Olympia Grapples with Flood Management, Sea Level Rise

Olympia Grapples with Flood Management, Sea Level Rise

water  

Above: Under a surly afternoon sky, City of Olympia and Washington State Department of Enterprise Services staff were on flood watch and ready with sandbags at Capitol Lake in the late afternoon of December 10, 2015. “It’s a bit of a dance,” said Andy Haub, City of Olympia director of water resources, of the flood management process and roles played by the city and state.

City Staff Clarify Statement That Dam is Needed to Control Downtown Flooding

By Janine Gates

www.janineslittlehollywood.blogspot.com

The stunningly frank sea level rise report delivered by city public works staff to Olympia councilmembers earlier this week was loud and clear: develop a vision and a plan to begin adapting to sea level rise. Like, now.

But even without the extra burden of sea level rise, the protocol for managing current flood events in downtown Olympia requires a highly managed rapid response involving state and local agency coordination.

Above: When the lake gets too high, the city stormwater system backs up. A valve, located under Water Street, is shut off, preventing lake water from flowing “up” the stormwater outlet to the lake and discharging to the catch basin in the streets at Columbia and Water Street. A pump takes the stormwater and puts it into the lake.

The Department of Enterprise Services (DES), the state agency responsible for managing the 260 acre lake, regularly releases as much water through the 5th Avenue dam as each low tide allows.

DES closely monitors weather forecasts, streamflow on the Deschutes River, tide tables and more to determine when to lower the lake below the normal winter level in advance of major storms.

On December 10, 2015, a combination of record-setting rainfall, flooding on the Deschutes River and high tides in Puget Sound caused flooding around Capitol Lake and Heritage Park. So, when DES staff determined that the lake was going to flood, the department notified the City of Olympia and closed a section of Water Street and 7th Avenue.

The city implemented its flood response plan which includes pumping excess stormwater directly into Capitol Lake and placing sandbags in the area to protect nearby businesses.

By their own admission, city staff underestimated the rate at which the lake was rising and were later than usual in closing a valve, resulting in lake water flooding the streets and coming to within inches of the doors of Olympia Supply and other local businesses.

On December 11, 2015, the day after the somewhat minor flooding incident, Little Hollywood interviewed Andy Haub, City of Olympia director of water resources, who was onsite with staff during the emergency.

LH: Tell me about this valve...the water got to within four inches of Olympia Supply's doors. 

 

Haub: We close the valve in order to prevent lake water from flowing “up” the stormwater outlet to the lake and discharging to the catch basin in the streets at Columbia and Water. The pools of water in the streets are lake/Budd Inlet water.   Usually we close the valve before the lake starts backing up. Then, the only water we pump is precipitation from the Columbia and Water Street area. In other words, once we shut the valve in the stormwater pipe, we have to pump the upstream stormwater.

Yesterday (December 10, 2015), we underestimated the rate at which the lake was rising and so were later than usual in closing the valve. Once we started the pump, the water in the streets declined very quickly - 15 minutes….

LH: I was told that the Capitol Lake area is the lowest catch basin in downtown.

Haub: The two block area around Columbia and Water Street is the only real area that is at risk from flooding due to the lake backing up. At some point, the lake can't hold it all, so that's why DES folks were standing around (in the afternoon) waiting to see if the tide would rise too high, plus the water in the lake would make it all overflow like a bathtub. When the Deschutes is flowing very high, the State lowers the lake by opening the 5th Avenue dam during the low tide preceding the high tide. Then they close the dam when the tides turn to a high tide, thereby keeping the high tide out of the lake and providing room for the river flows. It’s a bit of a dance….

LH: Is that portable pump station always going to be down there with chain link fencing around it if it seems like this is a permanent problem area? 

Haub: We keep one of the pumps there during the peak of the winter.

Haub explained that other factors such as barometric measure, wind direction and speed, temperature, low pressure systems and the effect they have on high tides also dictate Olympia’s flooding risk.

“It’s very interesting to think about and understand. Our high tide was 1.95 feet higher than predicted, simply due to low barometric pressure. You and your audience would find this dynamic interesting….” said Haub.

LH: If this whole area reverted back to an estuary, would we even we worrying about all this?

Haub: Same dynamic.

At that point, Little Hollywood had taken up enough of Haub’s time.

Above: The valve near Capitol Lake that saves a portion of downtown from flooding. 

Fast Forward: Capitol Lake, The Dam and Flood Clarification

Along with Haub, Eric Christiansen, City of Olympia water resources planning and engineer manager, provided the staff report at last Tuesday night’s council study session on sea level rise issues.

Councilmember Jessica Bateman asked how its reverting back to an estuary would impact downtown and Christiansen responded that without the dam, downtown would flood more frequently.

This short response confused and alarmed community members active with lake management conversations.

On Thursday, Little Hollywood asked Christiansen to clarify his response to Bateman, which was in conflict with the Capitol Lake Adaptive Management Plan’s (CLAMP) final Deschutes Estuary Feasibility Study report of 2007.

The report says, in part:

“...The City of Olympia may require a FEMA-approved floodplain study as part of the permitting requirements for the proposed restoration project. However, it can be concluded that flooding in the restored estuary will be similar to current (managed lake) conditions at worst. A decided advantage of the restored estuary is that flood management will no longer depend on the correct functioning of a mechanical system – flooding under current conditions can be considerably exacerbated if the tide gate controls should fail.”

Christiansen responded:

“I maybe partially misspoke. There are a few blocks of downtown between Water and Columbia and 5th and 7th streets that are at a very low elevation, approximately two feet below the flood elevation. There are about 19 storm drain pipes that connect that area and the park with Capitol Lake. Only two of those pipes that I am aware of have valves to prevent water from flowing backward into the streets. The State manipulates the dam to keep lake levels low when tides are high, thus for the most part keeping water out of the streets. The last six to twelve inches of lake elevation make a big difference. We had about a dozen tides this winter that could have caused flooding.

“Without the dam, the drainage systems will need to be modified by adding additional valves and probably consolidating pipes. It will also help if the ground in key parts of Heritage Park is elevated. The railroad tracks pose an additional challenge,” said Christensen.

Above: The 5th Avenue dam on December 18, 2015.

In conflict with information city staff and local environmental advocates have been providing the city for years, multiple downtown development projects 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.

Next: Community Response to Sea Level Rise Report

For more information about community efforts and issues in Olympia regarding Capitol Lake, the Community and Economic Revitalization Committee, sea level rise, high tide events, CLAMP, Percival Landing, Moxlie Creek, LOTT Clean Water Alliance and more, go to Little Hollywood, www.janineslittlehollywood.blogspot.com, and type key words into the search button.

Capitol Lake Estuary Bill Introduced

Capitol Lake Estuary Bill Introduced

water quality  

Above: Washington State Representative Brian Blake’s legislative office overlooks Capitol Lake in downtown Olympia. Blake just introduced legislation, HB 2568, that calls for Capitol Lake to transition back to an estuary. The bill has been referred to the State Government Committee.

By Janine Gates

www.janineslittlehollywood.blogspot.com

Washington State Representative Brian Blake, D-19, has introduced a bill, HB 2568, that calls for the transition, management, protection, preservation, and coordination of Capitol Lake to an estuarine environment.

The bill states that Capitol Lake and its transition to an estuary must be co-managed with the tribes with histories or traditions or customary uses relating to the Deschutes River watershed.

The bill has been referred to the House State Government Committee chaired by Representative Sam Hunt, D-22.

Blake represents Pacific and Wahkiakum counties, parts of Cowlitz, Lewis, and Grays Harbor and is chair of the House Agriculture and Natural Resources Committee. His Olympia office in the Legislative Building overlooks Capitol Lake.

In an interview Friday morning with Little Hollywood, Blake said he was excited about the legislation.

“This is a discussion I’ve been following for years and I’m frustrated by the lack of decision-making. Looking at the analyses and barriers to salmon recovery in Puget Sound, I see this as a real opportunity to restore some habitat. Now is the time to introduce a bill and discuss this,” said Blake.

Asked about those who think opening up the dam will create an excessive amount of silt to pour into Budd Inlet, Blake said that the lake is currently periodically drained.

“Just opening up the dam will go a long ways to allow a channel to form. I don’t think much silt will travel out of the lake at all. The majority of silt will remain in place, stabilize salt marshes and soils, and the healing process will begin,” said Blake.

Estuary advocates are thrilled with the legislation. Sue Patnude of the Deschutes Estuary Restoration Team, an Olympia-based nonprofit, has worked for several years to raise awareness of the benefits of restoring the lake to an estuary.

“HB 2568 is long overdue and a major milestone in our estuary restoration efforts. The attempt to maintain a river that flows beside the State Capitol as a lake is a failed project. Water quality is getting worse as circulation in Budd Inlet is diminished.  Capitol Lake, due to the mud snail infestation, has been a "do not use" place for too long. Salmon using these waters are on the decline. The community wants to enjoy these estuarine waters, as recreation, as a place for the web of life to flourish. This cannot happen as long as it is a dammed estuary. Removing the dam will make Washington State and Olympia a model place in our Puget Sound clean-up efforts. Thanks to Representative Blake and the others for introducing this bill,” said Patnude.

Representative Sam Hunt, D-22, who has an office next door to Blake's, showed more optimism Friday morning for the Seahawks than the legislation. Wearing full Seahawks regalia, Hunt was asked what the chances were for HB 2568 to get a hearing before the State Government Committee.

“We’ll see what kind of time we have. People are waiting to the last minute to drop their bills,” said Hunt, who also noted the bill’s uncertain fiscal impacts.

The Deschutes River in Thurston County runs 57 miles from its headwaters in Lewis County, past Rainier and through Tumwater, until it reaches Budd Inlet in South Puget Sound. Historically, the mouth of the lower Deschutes River flowed to the Puget Sound. The lake was created as a reflecting pool for the State Capitol Building and the estuary was dammed in 1951 at what is now 5^th Avenue in downtown Olympia.

The 2016 Washington State Legislative Session started on Monday. Its website is www.leg.wa.gov and provides extensive, easy to use information on House and Senate membership, committee information, agendas, and specific legislation. To comment on a bill or ask questions, the Legislative Hotline is 1-800-562-6000. 

Above: Washington State Representative Brian Blake, D-19, points to Capitol Lake from his legislative office balcony in Olympia. Blake was a logger with the Weyerhaeuser Company for ten years before he became an environmental specialist for the state Department of Corrections.  A graduate of The Evergreen State College, Blake is a resident of Aberdeen and has served in the House since 2002.

City May Take Olympia Wedding Venue Operator to Court

City May Take Olympia Wedding Venue Operator to Court

wedding  

Above: The City of Olympia is pursuing the option of taking Olympia wedding and event venue operator Bart Zier to court to obtain an injunction that would prohibit his continued, unlawful commercial use of property in downtown Olympia. Tacoma Rail clearly uses the tracks in front of the venue along Deschutes Parkway. Photo taken November 4, 2015.

By Janine Gates

www.janineslittlehollywood.blogspot.com

The City of Olympia is actively pursuing the option of taking Olympia wedding and event venue operator Bart Zier to court to obtain an injunction that would prohibit his unlawful commercial use of property in downtown Olympia.

In a letter written in late October, city staff informed Zier and his mother, Donna Zier, who owns the properties at 915 and 1007 Deschutes Parkway, that they had violated the terms of the temporary permit issued to them so that they could carry out several August and September weddings.

The Zier's have continued to flagrantly violate federal and state laws and city codes and zoning ordinances in the course of operating their wedding and event venue, Grande Terrace on Capitol Lake, within a residential area.

In a telephone interview this week with City of Olympia attorney Mark Barber, Barber told Little Hollywood that no new fines have been imposed as a result of the most recent violations. The city has tried to work with Bart Zier on voluntary compliance, however, that is not working, and is now exploring the option of taking him to court.

Barber described how Zier has steadfastly refused to cooperate with the city, which included the options of voluntary compliance and dispute resolution without attorneys.

“….As you know, the city was trying to work with Mr. Zier to see if he could bring himself into compliance.  After his request for a conditional use permit went to the wayside, it put the city in a difficult position,” said Barber.

The “difficult position” was potential liability, and the city issued Zier a temporary use permit to hold the summer weddings that Zier was unwilling to cancel.

In 2014, Zier and his family actively marketed the property as a wedding venue, provided tours, signed contracts, and took large sums of money from families expecting to have their weddings there in 2015. Unbeknownst to the families, Zier did not have a permit to operate.

“These are not small events. They involve large groups of people…a physical facility, parking, food preparation, sanitary concerns, and public health issues. These become much different in a commercial setting. In addition, we have a number of unpermitted construction and archaeological issues.”

“The code violations don’t seem to be subsiding or resolving. By and large, this is a residential area, and the railroad hasn’t given up its tracks. It’s like pounding a square peg in a round hole. There’s not a lot of alternatives if someone is not going to play by the rules….”

The city will most likely make its decision by December 1, said Barber. He said the city is soliciting the assistance and support of the county, tribes, and other involved entities.

“If we could work with the others, that would be the best alternative. If we can’t, we’ll go it alone to seek an enforcement mechanism,” said Barber.

As of this writing, the venue is still marketing itself with an active website and Facebook page.

Above: This smart gentleman looked for a train before crossing the tracks with his date as they arrive for a wedding at Grande Terrace. Tacoma Rail actively uses the railroad tracks along Deschutes Parkway. During weddings and events, guests routinely park along Deschutes Parkway and the parking lot at Marathon Park, which is owned by the Washington State Department of Enterprise Services. At times, hundreds of guests cross the road to reach the venue. As parking nearest the driveway becomes scarce, guests walk from various access points along the railroad to reach the venue, as these guests did this summer. 

For more information, pictures, and stories about Grande Terrace, go to Little Hollywood, www.janineslittlehollywood.blogspot.com and type key words into the search engine.

Olympia Wedding and Event Venue In Question

Olympia Wedding and Event Venue In Question

zoning  

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 Conservancyregulations 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^thAvenue, 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.