Olympia Heron Preservation Group Becomes Land Trust

Olympia Heron Preservation Group Becomes Land Trust

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Above: With the donation of two land parcels on Olympia’s westside by Alicia Elliott, the Olympia Coalition for Ecosystems Preservation (OlyEcoSystems) organization is now applying for certification as a land trust. The Pacific Great Blue Heron makes nests in these trees during the breeding season of February through August and visit at other times. The nests, seen here, make the trees look like the Truffula trees in the Dr. Seuss book, The Lorax. Daniel Einstein, chair of OlyEcoSystems provided Little Hollywood a tour of the property on Wednesday. 

By Janine Gates

www.janineslittlehollywood.blogspot.com

The powerful story of a few dedicated community members with the Olympia Coalition for EcoSystems Preservation (OlyEcoSystems), a group on a mission to save and restore a local heron rookery on Olympia’s westside, continues to unfold.

Alicia Elliott, Olympia, recently donated to the group two parcels, totaling 4.7 acres, that she acquired last year to protect Olympia's lone colony of Pacific Great Blue Heron. 

With her donation, made in early December, OlyEcoSystems announced this week that it is becoming a land trust, thus protecting the woods in perpetuity. Elliott is a board member of the group.

The rookery parcel is about 1.9 acres, and the adjoining parcel, which will act as a buffer for the rookery, is about 2.8 acres.

In two years’ time, when the group is eligible to do so, it will apply for certification from the Land Trust Alliance, said Daniel Einstein, chair of OlyEcoSystems, on Wednesday as he gave Little Hollywood a tour of the property.

“Certification is going to be good for us…it will hopefully invite more donors, and we can turn those donations into land transactions. To be eligible for certification, we need to hold two or more parcels for two years,” said Einstein.

Land trusts enhance the economic, environmental and social values of their communities, and the support of the Land Trust Alliance will be crucial to the local organization for fundraising, legal support, and other benefits.

Founded in 1982, the Washington D.C. based Land Trust Alliance represents more than 1,100 member land trusts nationwide.

According to a 2010 survey by the Alliance, Washington State has 37 state and local land trusts, owning a combined 32,852 acres. The Alliance will conduct another survey in early January, the results of which will be available in Fall of 2016.

Above: Daniel Einstein today on the property adjacent to the rookery near Dickinson Avenue on Olympia’s westside. The property provides a critical buffer habitat in an urban setting for Pacific Great Blue Herons, and is also home to Cooper’s hawks, peregrine falcons, coyotes, red fox, deer, and many small mammals and reptiles.

Grants Focus on Restoration, Water Quality

Rounding out a successful year for the group, mature alders on the rookery property are now freed of 100,000 tons of ivy, thanks to teams of volunteers at regular work parties, who have also replanted the area with ferns, Oregon grape, and vine maple. 

The property also used to be a holly farm, and about 40 mature holly trees have been taken out because it too is an invasive species.

“The holly trunks are so big, it looks like we’re logging, but we’re not….It’s going to take some years to get it where we want it, but it’s really important to get it out now,”  said Einstein.

With a $10,000 grant from the Rose Foundation, they will be putting in 5,000 additional plants on the property.

Einstein pointed out the direct, stunning view of Mt. Rainier and explained that the group will be placing a picnic table and benches here for the public.

Einstein said the organization is also looking forward to creating a rain garden and planting 2,000 Pacific Willows and vine maples around it that will line rock-lined swales for untreated stormwater from Dickinson and Hays Avenues.

“In our neighborhood, all stormwater goes into Budd Inlet. None of it goes to LOTT - not a drop…most of it just runs off through the woods, or is dumped there by the city through a pipe. The woods act as a filter for the whole system as it moves through to Budd Inlet…. so our grants focus on water quality,” said Einstein.

The LOTT Clean Water Alliance is the regional wastewater system comprised of the cities of Lacey, Olympia, Tumwater, and Thurston County.

Besides stormwater issues, legacy dioxins from Olympia’s industrial past are known factors along West Bay Drive. The OlyEcoSystems property is directly upland of the former Reliable Steel on Budd Inlet, and property owned by local architect Glenn Wells. 

Einstein says that for now, the organization is focused on restoring and maintaining what it has, but if purchased by the group, the Wells property could provide neighborhood connectivity to and from West Bay Drive. Wells is asking a price that is double its assessed value of $100,000, says Einstein.

OlyEcoSystems currently pays about $1,500 in property taxes on the rookery parcel and received a conservation easement on it from Thurston County. 

“We were able to get that because of the heron’s nests. That reduced our property tax by 70 percent on this parcel. We could have gotten more of a property tax reduction, but we don’t allow year round public access because of the rookery….If it were a city owned property, there would be no way to close it, so that’s one reason we prefer to hold onto the property ourselves,” said Einstein.

Herons are sensitive to disruptions, and their breeding season starts in February and runs through August. The public is not allowed at the site during those months. The site has been used by herons for about 35 years, and thirty herons came back this past February during the breeding season. The herons also visit in the off breeding season.

“This year, they spent two to three months here, then were chased away by eagles to a location about 800 feet south of here. They were chased again and ultimately ended up on the other side of the inlet….that site is also part of their memory. They move around as needed based on safety and other reasons," said Einstein.

The OlyEcoSystems group has a solid vision and plan to continue their environmental efforts, with the community's help, for years to come.

“As we transition to a land trust, we also intend to remain a forceful advocate for habitat and water quality in our urban core,” said Einstein.

“The idea is that we need to preserve these trees and create a habitat for the herons that gives them flexibility to adapt, particularly as we change their landscape as we become more urbanized. That's why we don’t just want these two parcels, we want as much of the woods as we can get. We’d love to buy the woods on the other side (of the inlet), and work on the shoreline, where they can forage….There’s a connection between the fish and the birds….”

January Work Party

On Saturday, January 2nd, 2016, from 10:00 a.m. – 2:00 p.m., volunteers will be clearing ivy from the trees on the parcel in back of Hays Avenue, and clearing ivy off the remaining flat areas on the parcel at the east end of Dickinson Avenue NW. What to bring: gloves, a rain coat, hand saws, chain saws and clippers.

February Fundraiser

The OlyEcoSystems annual fundraiser will be on February 27th at 7:00 p.m. at the Abigail Stuart House (Women's Club), 1002 Washington St. SE, in downtown Olympia. There will be live music, refreshments, beverages, and a silent auction of works by Olympia artists. The event is open to the public. The group says that even if you cannot make a donation,“come and celebrate another year of successful advocacy for our environment.”

Above:  Olympia's westside as seen from the Fourth Avenue bridge today. The rookery is directly upland of the Reliable Steel site located on Budd Inlet at 1218 West Bay Drive, as illustrated by the vacant metal warehouse on the right. The site was originally developed as a lumber mill. From 1941-2009, the site was used for boat building, steel fabrication, and welding. From 2010 - 2013, the former owner and the Washington State Department of Ecology investigated the site and found contaminants above state cleanup levels. In 2014, Ecology held a public comment period on a draft partial cleanup plan for the site. Under the plan, Ecology will clean up some contaminated upland areas of the site.

OlyEcoSystems is committed to environmentally restoring its 4. 7 acre property, but also has other goals related to improving the water quality and health of Budd Inlet. “…The time is now. OlyEcoSystems is dedicated to affecting public policy and educating the community, but there is no ignoring the fact that our window of opportunity is closing.” – OlyEcoSystems website.

Past articles about Alicia Elliott, the rookery, and OlyEcoSystems can be found at Little Hollywood, www.janineslittlehollywood.blogspot.com, by typing key words into the search engine.

For more information about the Olympia Coalition for EcoSystems Preservation, go to its website, www.OlyEcoSystems.org.

Chambers Prairie Grange in Tumwater Gets New Chance at Life

Chambers Prairie Grange in Tumwater Gets New Chance at Life

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Above: The Chambers Prairie Grange No. 191 on the corner of Yelm Highway and Henderson Boulevard in Tumwater was purchased by Tom and Tiffany Schrader in October for $200,000. Photo taken January 10, 2014.

The Schrader’s want to convert the former Grange into a neighborhood coffee and sandwich shop and bistro that can also accommodate meetings,birthday parties, reunions, and more. The Grange property is currently zoned single family low density and will need to be rezoned to accommodate this vision.

Owners Hope Historic Preservation Will Create Community Space

By Janine Gates

www.janineslittlehollywood.blogspot.com

Tom Schrader has driven by the moss covered Chambers Prairie Grange on the southwest corner of Henderson Boulevard and Yelm Highway in Tumwater for years. He and his wife, Tiffany, a third generation South Sound resident, raised their two children nearby, all of whom graduated from Tumwater High School.

Schrader, a commercial real estate agent for Re/Max Parkside who is actively involved in the Thurston County Board of Realtors, loves history. He says he tracked the property for years as the sale price was gradually reduced from $450,000, and bought it in late October for $200,000 from the Washington State Grange. 

Located at 1301 Yelm Highway, the Grange was valued at $315,900 by the Thurston County Assessor’s Office in 2015 and is not on any historic register or inventory.

The building was once earmarked as a museum for the State Grange, but that had been off the table for years. The Grange paid over $25,000 in taxes on it since 2010.

The wooden, one story, 5,668 square foot building sits on .91 acres, and despite appearances, is structurally sound. The roof doesn’t leak, the original maple wood flooring is relatively unmarked, and the full basement still contains multiple, long, solid tables suitable for dining and entertaining.

Remarkably, the building has been untouched by vandals, and still features the original wavy glass windows.

Schrader is now in the process of getting the building registered on the national and state historical registers through the state Department of Archaeology and Historic Preservation.

Since October, Schrader and helpers have been seen actively working to clear blackberry brambles and brush and scraping the moss off the roof. They have hauled away 2,500 pounds of appliances, recyclables and trash items left in and around the property. Schrader also took out the original oil boiler and ducting, but the old wood burning stove is still there, and will be kept.

Asked if he has the original sign that hung on the front of the building that said, “Chambers Prairie Grange No. 191,” Schrader says he does not.

“I don't have the sign, but I would love to buy it back from whoever does! If I don't find it, I'm going to have a replica made of wood looking as close as possible to the old sign, and hang it in the same spot on the front of the building,” says Schrader.

Above: With the plywood off the windows, sunbeams once again shine forth, warming the maple wood floor of the Chambers Prairie Grange No. 191 on Saturday afternoon.

Historically, granges served as the community center for social, agricultural, educational and political activities for farmers, and the Chambers Prairie Grange was in the thick of the action.

According to the state Department of Archaeology and Historic Preservation, the Chambers Prairie Grange No. 191 was organized in 1906 by Fred W. Lewis and reorganized in March, 1908. Grange members built the hall through donated work on land donated by the Wickie Family, completing the structure in 1910. The Chambers Prairie Grange was one of the first in Thurston County.

Above: Schrader has found a few Grange related treasures in the building, including an Olympia Federal Savings and Loan Association bank register, and this purple Grange “10% Net Gain” ribbon from 1957-58.

Schrader’s Vision for the Property

Schrader is working with several engineers and contractors to develop designs for the building. To create a place for community members, he envisions it as a coffee and sandwich shop and bistro. He has already spoken with the local coffee business owners of Olympia Coffee Roasting Company and Batdorf & Bronson Coffee Roasters to assess their interest.

Schrader wants to restore the space with a thick shake roof and original period fixtures and fans. The new front entrance facing the west side of the building would feature French doors and a large deck.

Inside, he will keep the stage and changing rooms. The basement will feature a new kitchen and would be suitable for meetings, family reunions, birthday parties, and more.

The capacity for the entire building was 378 persons – 119 downstairs and 259 upstairs, but Schrader expects this number to possibly increase.

The building is on a well and water and sewer hook up will most likely be from the City of Tumwater. It currently has no power and he has met with Puget Sound Energy to hook up to electricity and natural gas. He says he should have the building up and running in a couple months.

Schrader has developed a plan for 40 parking stalls and plans to keep every large tree on site – several maples, cedars and firs - with the exception of two for the flow of parking. Because it was diseased, a large maple tree was cut down about three years ago by the Grange.

“I want to create a center island of trees that’s natural, with a little trail so you can walk through the trees after you buy an ice cream cone or a sandwich, and sit and talk - a community type area with picnic tables and benches. There could even be a small outdoor organic fruit and vegetable stand….” Schrader said.

Above: The Chambers Prairie Grange as seen this week. New owner Tom Schrader envisions this side, the west side, as the front entrance for a coffee and sandwich shop. 

Zoning Issues 

The Grange, once located in an agricultural area, is at the physical crossroads of Yelm Highway and Henderson Boulevard, and the cities of Tumwater and Olympia.

Northeast of the Grange, Briggs Nursery was replaced by Briggs East Village and is now a 200 unit development for active adults called Silver Leaf.

Northwest of the Grange is the Briggs YMCA and the 137 acre master planned Briggs Village.

East of the Grange is the Tsuki Nursery, a wholesale nursery business specializing in Japanese garden plants, and it is on the market.

As an agent with ReMax/Parkside, Schrader represents the Tsuki Nursery, which is being sold by Phil Hulbert.  The property is currently in Thurston County with Olympia Urban Growth Area jurisdiction, Zoned Residential 4-8.

“They have submitted to the City of Olympia for annexation into the city. This will most likely be heard in the next two months. The two adjacent properties are part of the annexation request, making a total of eight acres. I have one of these two properties listed for sale, a residence at 1707 Yelm Hwy for $315,000. The Tsuki property has been listed four months at $1,499,000. It's 5.03 acres on two parcels,” says Schrader.

Schrader addressed both the Tumwater City Council and the Tumwater Historic Preservation Committee in late November to share his ideas for the building and is also working closely with the nearby Farm Homeowners Association.

The Grange property is currently zoned single family low density. Under that zoning, some of the allowed uses under the Tumwater Zoning Title 18 (18.10 chapter) are single family homes/duplex dwellings, mobile homes, childcare center, adult family center, church, bed and breakfast, community center, and others.

Schrader doesn’t want to see any of those options occur, so he will file with the City of Tumwater on December 7 for a zoning change to accommodate his vision. He is not sure yet what zoning he will pursue. The city only hears rezoning cases once a year, so it may take until May or June for the Tumwater city council to hear his request.

As a former resident of The Farm subdivision, he understands concerns by the neighborhood surrounding future uses on the property. They do not want traffic to spill out from the business onto Henderson Boulevard and then turn into their subdivision, so he is working with the Association to provide the sole access and exit off Yelm Highway.

“The previous owner, the State Grange, tried in 2012 to change the zoning to mixed use. They hadn't consulted with The Farm or other neighbors, and the change essentially scared the heck out of them. There could have been a Texaco gas station, 7-11, Burger King drive thru, or a Starbucks.... all of which I would not want there! I want something the neighborhood wants, and I spent a lot of time talking with neighbors before I bought it,” said Schrader.

“I want the focus to be on local community use, where neighbors can walk, bike, roller skate, jog and stop there to visit and catch up with each other….To get an early morning coffee before a local stroll, or a sandwich after working out at the Briggs YMCA, or an appetizer/dessert on the deck on a warm summer night while enjoying a fine wine….To be able to walk along the trail with a friend, son or daughter, grandchild… and sit at a picnic table or bench, and enjoy the tall trees… and discuss life, love and family!” says Schrader.

Schrader is optimistic that his ideas for a community space will be approved.

“When I’m out here, people pull in and want to talk and tell me stories about the area,” says Schrader.

Above: A silhouette of Tom Schrader as viewed through the Chamber Prairie Grange's coat and purse check window near the front door facing Henderson Boulevard. Schrader envisions maintaining the original north facing doors as emergency exits, and placing French doors and a large deck on the west side of the building as the new main entrance.

There are several active Grange chapters in Thurston County. For more information about their activities, go to www.wa-grange.com. 

To read about the history of Washington State Granges, go to www.historylink.org.

Design Review for Second Hotel on Henderson

Design Review for Second Hotel on Henderson

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Above: A Hilton Garden Inn on Henderson Boulevard near I-5 and Watershed Park is currently under construction. A new Marriott owned hotel is proposed to be built on two lots adjacent to the Hilton. Both hotels would share a main access road, seen here, stemming from the roundabout on Henderson.

By Janine Gates

www.janineslittlehollywood.blogspot.com

The city’s Design Review Board will hold a special meeting on November 12, at 6:30 p.m., Room 207, at Olympia City Hall, 601 4th Avenue. This meeting will offer the opportunity for the public to comment on the designof a second new hotel off Henderson Boulevard.

The hotel applicant, SPS Lands, LLC of Lakewood, is Han Kim of Hotel Concepts, and is represented by architect Glenn Wells of Olympia. 

The four story, 113 unit hotel called Olympia Courtyard Hotel would be owned by Marriott and could accommodate 250 persons on a nightly basis. It will have a restaurant, but no swimming pool.

The 2.82 acre property is situated on lots 1 and 2 of a commercially zoned area near I-5 near Watershed Park and the future Olympia Woodland Trail. A Hilton Garden Inn is currently under construction nearby on what is called Lot 3 of the Henderson Commercial Park.

According to the project’s State Environmental Policy Act report, 73.8 percent of the property will be covered by impervious surface, including room for 118 parking stalls.

Moss Lake is on the site, as well as standing water. The lake was filled in due to the construction of I-5, but is still noted on maps. All trees and vegetation would be removed from the site and upland neighborhood views of I-5 and the sky could be obstructed by the hotel. 

Members of the Wildwood Neighborhood Association worked with the city and the applicant of the Hilton Garden Inn to improve its design, and will be communicating their concerns regarding the new hotel, such as visual and light pollution, traffic, and other environmental issues, as well as cumulative impacts to the area. 

The hotels will be a stark visual contrast to the tranquility of nearby Watershed Park, a protected 153 acre area which contains trails, wetlands, and the Moxlie Creek Spring Basin that served as Olympia's first water source.

In a February letter to the city, the Wildwood Neighborhood Association board says that freeway noise has increased substantially since the clearing of the property.

The project is projected to generate 980 trips per day with 64 trips anticipated for the morning peak hour and 72 trips during the evening peak hour. The neighborhood is concerned about the increase in traffic along Henderson Boulevard, which will make the intersection at Henderson and Eskridge even more difficult to navigate.

Developers hope to break ground in spring of 2016.

Comments about this project may be submitted to Cari Hornbein, Senior Planner, Community Planning and Development Department, City of Olympia, 601 4^th Avenue East, Olympia, Washington 98501 or chornbei@ci.olympia.wa.usor (360) 753-8048.

For past articles about the land use history of the Henderson Business Park area, the hotels on Henderson Boulevard and the Wildwood Neighborhood, go to Little Hollywood, www.janineslittlehollywood.blogspot.com and type key words into the search engine.

Approved and Appealed: Thurston County’s Oak Tree Land Use Case

Approved and Appealed: Thurston County’s Oak Tree Land Use Case

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Above: Liz Lyman, center, looks at the maps of the proposed Oak Tree Preserve development before the hearing held at the Thurston County fairgrounds on March 23, 2015.

By Janine Unsoeld

www.janineslittlehollywood.blogspot.com

The proposed development called the Oak Tree Preserve was approved on April 24 by Thurston County Hearing Examiner Sharon Rice, and that decision was appealed by concerned citizens by the deadline, May 8.

Several citizens living near the property stepped up to appeal the decision, including Liz Lyman, who is now acting as the official spokesperson for the appeal.

Contacted this weekend by Little Hollywood, Lyman says she appreciates all the efforts of concerned neighbors and community members to save a 258.5 acre wooded area in Lacey’s urban growth area of Thurston County.

Other appellants are Liz Kohlenberg, Robert Self, Bonnie Self, the Black Hills Audubon Society, William Koopman and Felicia “Lisa” Carroll.

Oak Tree Preserve, LLC is seeking to develop the property into 1,037 small, single family residential units. The project is proposed to be developed in Thurston County’s largest stand of Oregon White Oaks - just over 79 acres. It is also home to a wide range of birds, animals and plants.

The Washington State Department of Fish and Wildlife designates the Oregon White Oak as priority habitat. If this development is ultimately approved as it is currently proposed, 36 acres of that priority habitat  - 45 percent - will be destroyed to build houses and infrastructure.

The remaining oak stand will be fragmented. The developer proposes to build one of the two main connector roads through the remaining oak stand. That road will be the only road from the site to Marvin Road for the first two phases of the development, significantly impacting the habitat.

The area in the unincorporated area of Lacey on Marvin Road is bordered by the Burlington Northern Railroad and the McAllister Park and Evergreen Estates subdivisions.

Few neighbors were notified of the proposed development. Those who were took to the streets, informed others, and created an online petition against the development that garnered nearly 300 supporters in about four days.

Carroll and Koopman have also created a Facebook page, Facebook.com/pages/Save The Thurston Oaks. Both are fresh Thurston County environmental activist voices, and learning the process as they go along.

After the hearing examiner’s decision but before she decided to become an appellant, Carroll said she and the neighbors of her Evergreen Estates subdivision were saddened, but then felt empowered to do more.

“The fact is, Evergreen Estates will bear the brunt of it - we only have 27th Avenue as our main road and there are going to be 300 homes added at the end of 27th....The size of this project makes it all that more unfortunate that 20th century standards were applied to a 21st century world.  We must do better.  And it looks like it’s up to us citizens of Thurston County to make that change.”

Koopman agreed, lamenting a wide range of environmental concerns:

 “…The effects of the new development on the communities and homes bordering Marvin…cannot be underestimated….The entire area drains into the Nisqually Watershed, by way of McAllister Springs, McAllister Creek and thus the Puget Sound. The additional pollutants - herbicides, pesticides, plastics, storm water runoffs - will undoubtedly further impact the health of the watershed, Puget Sound, the shellfish, and of course, the salmon.

“There is also the issue of oil train-traffic, which is growing exponentially in this area. This new development is bordered by the railroad. All of the homes located therein are in an area considered by the U.S. Department of Transportation as a potential evacuation or impact zone in case of an oil train derailment and/or explosion. If coal trains start their travels through the county as well, what of our air-quality, especially of those developments bordering the tracks?

“There are indeed a host of further items of interest….Amazingly, all of this has been approved without an Environmental Impact Statement (EIS) having been performed. Through a series of Mitigated Determination of Non-Significance (MDNS) the EIS has been out-maneuvered and rendered mute. The EIS is the people’s voice of safe, responsible and sustainable environmental practices that assure all Thurston County residents of an accountable, transparent mode of responsible stewardship of our County’s land use and the safety of our population through enforcements concerning proposed land use developments, clean water and clean air. I believe our county residents require more from the Thurston County Resource Stewardship Department than a rubberstamp of approval on such a highly contentious development project,” said Koopman.

Liz Lyman, who lives in The Seasons subdivision, served on the Thurston County Planning Commission from 1999 to 2007, including two years as chair and two years as vice chair. She also has experience with land use planning for protecting wildlife habitats and nearshore water quality in Puget Sound's urbanized areas.

“I've only met Lisa and Bill once, but they seem deeply and genuinely committed to protecting habitat for wildlife -- birds in particular. I applaud them for all of their efforts. It's truly heartening to meet people like them,” said Lyman.

Appeal Claims

The funds contributed for the appeal filing were from homeowners in Evergreen Estates, The Seasons, and the Black Hills Audubon Society.

In the appeal, appellant’s claim that the hearing examiner’s decision erred by not requiring avoidance of removing oak trees as the primary method of protecting the oak woodlands as required by Thurston County regulations.

They also say she erred by not using “best available science” to evaluate the Oregon White Oak woodland, determine if any of the acreage can be removed without causing irreparable harm to the habitat, and determine the mitigation strategy for the oak that must be removed.

Petitioners are requesting the collection of a more robust record on avoidance and best available science, and a new hearing examiner review after that record is created.   

They also request that the new record include testimony from the Washington Department of Fish and Wildlife, the state agency charged with protecting priority habitat including oak woodlands, and several other topics.

Next Steps

Lyman says she continues to turn away people who want to contribute to the nearly $900 it took to appeal the land use decision in Thurston County.

“I have spoken with homeowners in The Seasons and Eagle Crest, which is a neighboring subdivision….Many homeowners are simply incredulous about the hearing examiner's decision on the Oak Tree Preserve preliminary plat. The issues they're concerned about may vary, but the common thread is that they're very unhappy….and are feeling let down by the county. The board of The Seasons considered appealing, but decided against it because the odds of prevailing are not in its favor and it's entrusted with the homeowners' funds. The Seasons' board was wonderful, though, in getting the word out to our homeowners through the association's own website,” she said. There are 215 homes in The Seasons.

“We have many avid birders who are keenly interested in the outcome of this appeal. Many of us have worked hard to create a bird-friendly environment, something that will be impacted rather dramatically and negatively if the Oak Tree Preserve development proceeds….The destruction of the Oregon White Oak habitat will be devastating to the bird population,” said Lyman.

As for the appeal, the next step is to wait for the county to post the documents filed on May 8 on its website, which should occur early next week. Then, the developer has 14 days to file their response to the appeal as well as to others that may have been filed. Then, the appellants have seven days to file their responses or rebuttals.

The County Commissioners have 60 days to make their decision from the date an appeal is posted. A decision on the case could be made before mid-July.

For three previous articles on the Oak Tree Preserve case, go to Little Hollywood, www.janineslittlehollywood.blogspot.com and use the search button using key words.

Thurston County’s Hearing Examiner Decision: http://www.co.thurston.wa.us/permitting/hearing/hearings/oak-tree-preserve/otp.html

Washington Department of Fish and Wildlife Comments: http://www.co.thurston.wa.us/permitting/hearing/hearings/oak-tree-preserve/C26-WDFW-OTP-Plat-Hearing-comments-3_21_15.pdf

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

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

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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 Seattlemagazine 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 featuresthe 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.htmlThe 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