HomeMy WebLinkAboutCU-18-00001 Vantage to Pomona ResolutionBOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
ZONING CONDITIONAL USE PERMIT
APPROVAL
VANTAGE TO POMONA
ZONING CONDITIONAL USE PERMIT
(CU-18-00001)
RESOLUTION
NO. 2019-_________
WHEREAS, according to Kittitas County Code Title 15A, relating to Hearings and Title 17.60A
Conditional Uses, an open record hearing was held by the Kittitas County Hearing Examiner on
November 1, 2018 for the purpose of considering a zoning conditional use permit known as
Vantage to Pomona CU-18-00001 and described as follows:
David Dean, agent for Pacific Power, is proposing the development and continued
maintenance of a 27.6 mile 230 kV transmission line to be built in the south east corner
of Kittitas County. The transmission line will be used to service a connection between
Pacific Power’s Pomona Substation in Yakima County and the Bonneville Power
Administration’s Vantage Substation in Grant County.
The transmission line route will cross into Kittitas County along the southern county line
between Highway 821 and Interstate 82, and then continues north-northeast for
approximately 6 miles. The transmission line turns northeast a mile before crossing
interstate 82 south of Exit 11 and continues that direction to Badger Pocket where it turns
east. The transmission line continues east for approximately 14 miles then turns northeast
just before crossing the Columbia River. The new transmission line parallels existing
transmission line corridors for most of the length through Kittitas County.
WHEREAS, no public testimony was heard, in favor of and against the proposal as there were no
members of the public present at the hearing; and,
WHEREAS, due notice of the hearing had been given as required by law, and the necessary inquiry
has been made into the public interest to be served by such use; and,
WHEREAS, the Hearing Examiner recommended approval of said proposed zoning conditional use;
and,
WHEREAS, a closed record public hearing was held by the Board of County Commissioners on
December 18, 2018 to consider the Hearing Examiner’s recommendation on this matter; and,
WHEREAS, the Kittitas County Board of Commissioners make the following FINDINGS OF FACT and
CONCLUSIONS AT LAW concerning said proposed zoning conditional use permit:
1. Pacific Power submitted an application packet requesting a zoning conditional use permit
for the development and continued maintenance of a 27.6 mile 230 kV transmission line
to be built in the south east corner of Kittitas County to service a connection between
Pacific Power’s Pomona Substation in Yakima County and the Bonneville Power
Administration’s Vantage Substation in Grant County.
2. The proposal would span 43 parcels and utilize existing utility ROW for most of its path.
The construction, staging, and maintenance sites are accessed through a mix of existing,
upgraded existing, and new roads.
3. The Kittitas County Comprehensive Plan’s Land Use Element designates the properties
impacted as Rural Residential and Commercial Agriculture with zoning designation of
Forest and Range and Commercial Agriculture.
4. A zoning conditional use permit was submitted to Community Development Services on
July 17, 2018 and was deemed complete on August 13, 2018. The affidavit of site posting
in accordance with KCC 15A.03.110 was received by CDS on August 16, 2018. The
Notice of Application was issued on August 27, 2018. This notice was published in the
official county paper of record and was mailed to jurisdictional government agencies,
adjacent property owners and other interested parties. The last day to submit written
comments was on September 11, 2018.
An Environmental Impact Statement (EIS) was completed for this project under the
National Environmental Policy Act (NEPA) with the US Bureau of Land Management as
the lead agency. A Final Environmental Impact Statement was published in October 2016
identifying an Environmentally Preferred Alternative which reflects the route proposed in
this Conditional Use application. This FEIS is a project lead review, therefore, no further
environmental review is required. Kittitas County CDS has adopted the EIS issued in
October 2016 by reference.
5. The Hearing Examiner hearing was held on November 1, 2018 at 6:00 p.m. No members
of the public testified in favor or against this proposal at the hearing as there were no
members present. On November 6, 2018 the Kittitas County Hearing Examiner
recommended approval of the Vantage to Pomona Zoning Conditional Use Permit (CU-
18-00001).
6. The Board of County Commissioners conducted a closed record public hearing on
December 18, 2018 for the purpose of considering the Vantage to Pomona Zoning
Conditional Use Permit (CU-18-00001). A motion was made and seconded that the zoning
conditional use permit be approved per the Hearing Examiner’s recommendation. The
motion carried with a vote of 2-0, commissioner O’Brien was not present.
7. The Board of County Commissioners finds that additional conditions are not necessary to
protect the public’s interest.
NOW THEREFORE,
BE IT HEREBY RESOLVED that the Kittitas County Board of Commissioners hereby
grants approval of the Vantage to Pomona Zoning Conditional Use Permit (CU-18-00001)
and adopts the Kittitas County Land Use Hearing Examiner’s Recommended Findings of Fact,
Conclusions of Law, Decision and Conditions of Approval (Exhibit A) and the same hereby is
approved with the proposed development configuration (See Exhibit B).
DATED this 2nd day of January , 2019 at Ellensburg, Washington.
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
, Chairman
, Vice Chairman
, Commissioner
ATTEST: APPROVED AS TO FORM:
☐ Clerk of the Board- Julie Kjorsvik
☐ Deputy Clerk of the Board- Mandy Buchholz
Neil Caulkins, Deputy Prosecuting Attorney
Exhibit A
KITTITAS COUNTY
LAND USE HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT, RECOMMENDED
CONCLUSIONS OF LAW,
CU -18-00001 ) RECOMMENDED DECISION AND
Vantage to Pamona Heights ) RECOMMENDED CONDITIONS
OF APPROVAL
THIS MATTER having come on for hearing in front of the Kittitas County Hearing Examiner on
November 1, 2018, the Hearing Examiner having taken evidence hereby submits the following
Recommended Findings of Fact, Recommended Conclusions of Law, Recommended Decision and
Recommended Conditions of Approval as follows:
I. RECOMMENDED FINDINGS OF FACT
David Dean, agent for Pacific Power, is proposing the development and continued maintenance
of a 27.6 mile 230 kV transmission line to be built in the south east corner of Kittitas County.
The transmission line will be used to service a connection between Pacific Powers Pomona
Substation in Yakima County and the Bonneville Power Administration's Vantage Substation
in Grant County.
2. The transmission line route will cross into Kittitas County along the southern county line
between Highway 821 and Interstate 82, and then continues north-northeast for approximately
6 miles. The transmission line turns northeast a mile before crossing interstate 82 south of Exit
11 and continues that direction to Badger Pocket where it turns east. The transmission line
continues east for approximately 14 miles then turns northeast just before crossing the
Columbia River. The new transmission line parallels existing transmission line corridors for
most of the length through Kittitas County.
3. Site Information
Total Property Size: Approximately 560 acres of ROW within the County
Number of Lots: Proposal crosses 43parcels within the county
Domestic Water: N/A
Sewage Disposal: N/A
Power/Electricity: N/A
Fire Protection: Fire Districts 4, Fire District 2 (KVFR), and areas outside of
Fire Districts
Irrigation District: N/A
4. Site Characteristics:
The transmission line as proposed will travel 27.6 miles through two zoning districts; Forest
and Range, and Commercial Agriculture and across 43 individual parcels. Site characteristics
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vary along this route. The transmission line will follow existing transmission line corridors for
much of its path through Kittitas County.
Access:
The site is accessed from a variety of existing access roads as well as newly proposed roads
along the 27.6 mile route.
6. The Comprehensive Plan land use designations span both "Rural Working" and "Commercial
Agriculture."
7. The project spans both "Forest and Range" and "Commercial Agriculture" zoning designations.
A Conditional Use Permit application for the Vantage to Pomona transmission line (CU -18-
00001) was submitted to Kittitas County Community Development Services department on
July 17, 2018. The application was deemed complete on August 13, 2018. A Notice of
Application for the Vantage to Pomona 230 kV Transmission Line Conditional Use Permit
(CU -18-00001) was mailed to adjacent landowners located within 500 feet of any portion of the
boundary of the proposal's tax parcel & associated Agencies. Notice was given to and published
in the official newspaper of record for Kittitas County, and notice was posted to the Kittitas
County Website on August 27, 2018, all in conformance with the Kittitas County Project
Permit Application Process (Title 15A).
9. An Environmental Impact Statement (EIS) has been completed for this project under the
National Environmental Policy Act (NEPA) with the US Bureau of Land Management as the
lead agency. A Final Environmental Impact Statement was published in October, 2016
identifying an Environmentally Preferred Alternative which reflects the route proposed in this
Conditional Use application. This FEIS is a project lead review. Therefore, no further
environmental review is required. Kittitas County CDS adopts the EIS issued in October, 2016
by reference.
10. This application is consistent with the goals, policies, and objectives of the Kittitas County
Comprehensive Plan as follows:
10.1. The project is consistent with GPO 6.1 as follows:
10.1.1 The proposed project utilizes existing utility corridors for most of the project
area. Nine (9) private landowners have provided authorization, by signature, to allow Pacific
Power to serve as their agent in Kittitas County permitting matters in relation to this proposed
project. Approximately 22% of the project path will utilize privately owned land.
10.2 The project is consistent with GPO 6.2 as follows:
10.2.1 The proposed use would utilize existing utility ROW'S for most of
transmission line path.
10.3 The project is consistent with GPO 6.3 as follows:
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10.3.1 Pacific Power has identified the need for a 230 kV transmission line to avoid
overloading of adjacent transmission systems and to ensure continued reliable and efficient
electric systems to the Yakima Valley.
10.4 The project is consistent with GPO 6.6 as follows:
10.4.1 This project proposal is consistent with utility service being the responsibility
of the utility providers.
10.5 The project is consistent with GPO 6.7 as follows:
10.5.1 The project proposal is consistent and complimentary to regional demands.
10.6 The project is consistent with GPO 6.18 as follows:
10.6.1 The project is consistent with reinforcing an interconnected regional
distribution network.
10.7 The project is consistent with GPO 6.21 as follows:
10.7.1 The project avoids urban areas.
11. The proposal is consistent with Kittitas County Review Criteria 17.60A.015 and Utility
17.61.030 as described in section VIII "Project Analysis" of this determination. Utility
development is a permitted use in all Kittitas County zoning districts.
12. Road Standards and access requirements along State Routes are subject to KCC 12.01.080,
requiring deference to the standards of the State agency of jurisdiction in relation to any
applicable standards. The proposed project is accessed from State Route 821, requiring the
Applicant to gain all necessary access and/or road permits from Washington State Department
of Transportation.
13. The following agencies provided comments during the comment period: Kittitas County Public
Health, Washington State Department of Transportation, and Washington State Department of
Fish and Wildlife.
13.1 Washington State Fish and Wildlife reported a need for the applicant to continue
working with them on establishing the need for any HPA permitting for stream crossings along the
project route. The applicant responded by agreeing to continue working with WDFW (See Index
#26).
13.2 Washington State Department of Transportation referenced the need for the applicant
to maintain contact with WSDOT and gain approval for any access connections or work performed in
WSDOT rights-of-way prior to beginning work. The applicant responded by citing that they are
already working with WSDOT regarding the issues raised and will continue to meet WSDOT
requirements (See Index #27).
13.3 Kittitas County Public Health Department stated that they had no issues with this
application.
14. One comment from the public was received. This comment, from Michael Scanes on behalf of
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Take 5 HOA expressed concerns regarding the potential for project access via Roza View
Drive.
The Applicant responded that they do not intent on using Roza View Drive for access.
15. An open record Public Hearing after due legal notice was held on November 1, 2018.
16. At this hearing the following exhibits were admitted into the record:
16.1
Exhibit 1:
Pre Application Materials
16.2
Exhibit 2:
Application
16.3
Exhibit 3:
Maps
16.4
Exhibit 4:
Cover Letter
16.5
Exhibit 5:
Application Letter
16.6
Exhibit 6:
Abbreviations Table
16.7
Exhibit 7:
Project Narrative
16.8
Exhibit 8:
Mapped Parcels
16.9
Exhibit 9:
Buffer Parcel Maps
16.10
Exhibit 10:
Table of Contents
16.11
Exhibit 11:
Pre Application Submittals/Correspondence
16.12
Exhibit 12:
Site Plan
16.13
Exhibit 13:
SEPA Checklist
16.14
Exhibit 14:
Project Legal Descriptions
16.15
Exhibit 15:
Tax Parcels
16.16
Exhibit 16:
Landowner Authorizations
16.17
Exhibit 17:
Project Resource Protective Measures
16.18
Exhibit 18:
Receipt
16.19
Exhibit 19:
Deemed Complete Letter
16.20
Exhibit 20:
Affidavit of Posting
16.21
Exhibit 21:
Notice of Application
16.22
Exhibit 22:
Notice of Application Legal
16.23
Exhibit 23:
Undeliverable Notices
16.24
Exhibit 24:
Agency Request for Comment
16.25
Exhibit 25:
Comment-Kittitas County Environmental Health - 9.04.18
16.26
Exhibit 26:
Comment- Department of Fish and Wildlife - 8.30.18
16.27
Exhibit 27:
Comment -Washington State Department of Transportation - 9.11.18
16.28
Exhibit 28:
Comment -Michael Scanes - 9.03.18
16.29
Exhibit 29:
Applicant Response to Comments
16.30
Exhibit 30:
Notice of Hearing and EIS Adoption
16.31
Exhibit 31:
Adoption of EIS Letter
16.32
Exhibit 32:
Returned Hearing Notices
16.33
Exhibit 33:
Staff Report Memo
16.34
Exhibit 34:
Final Environmental Impact Statement
16.35
Exhibit 35:
Public Works Memo dated October 30, 2018
16.36
Exhibit 36:
Staff Powerpoint Presentation
16.37
Exhibit 37:
Applicant's Powerpoint Presentation
17. Appearing and testifying on behalf of the Applicant was John Aniello. Mr. Anniello
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testified that he was an agent authorized to appear and speak on behalf of the Applicant and
project proponent. Mr. Anniello testified that the overall purpose of this project is to provide
reliable electric power delivery in case the system goes down due to equipment failure or some
other event. This will provide a redundant power supply to the Yakima Valley and is required
by law. He testified that all of the proposed Conditions of Approval were acceptable.
18. Also testifying for the Applicant was Dave Dean. Mr. Dean testified that he also was an agent
authorized to appear and speak on behalf of the Applicant and project proponent. Mr. Dean
testified that going through the process to obtain permits through Yakima and Grant Counties.
19. No member of the public testified at this hearing.
20. The project is consistent with the provisions of KCC 17.56, Forest and Range zoning as
follows:
20.1 This proposal is consistent with the .Kittitas County Zoning Code 17.56 as
conditioned. Utilities are permitted in all zoning districts.
21. The project is consistent with the provisions of KCC 17.3 1, Commercial Agriculture as
follows:
21.1 This proposal is consistent with the Kittitas County Zoning Code 17.31 as
conditioned. Utilities are permitted in all zoning districts.
22. The project is consistent with KCC 17.6 1, Utilities as follows:
22.1 This proposal is consistent with the Kittitas County Zoning Code 17.61.030 as
conditioned. The project proposal is classified as a "Special Utility" under 17.61.010
(2)(b).
23. The project is consistent with KCC 17.60A, Conditional Uses as follows:
23.1 This proposal, as conditioned, is consistent with the Kittitas County Zoning Code for
Conditional Uses. The proposed conditional use will be adequately served by rural levels of service.
As conditioned, staff finds the proposal is 1) desirable to public convenience, 2) will not be
detrimental to public health, safety or welfare, 3) is not economically detrimental to the public, 4) is
adequately serviced by public facilities, 5) is compatible with the neighborhood character, and 6) is
consistent with the character of the zoning district. The project is being proposed outside of the UGA.
KCC 17.60A.015(7) requires 4 additional review criteria considerations; 1) the proposed project is
consistent with the intent, goals, policies, and objectives of the Kittitas County Comprehensive Plan
includijig Chapter'8; Rural and Resource Lands as demonstrated above, 2) preserves "rural character"
as defined by GMA 36.70A.030, 3) requires only rural government resources, and does not
compromise the long term viability of designated resource lands.
24. The project is consistent with KCC 17A, Critical Areas as follows:
24.1 CDS conducted an administrative critical areas review in accordance with KCC 17A
and found that most of the project would rely on existing roads in areas that have critical area buffers.
CDS staff did identify some access roads, both existing and proposed, that may require HPA '
permitting through WDFW should the projects access road changes require work within or along the
banks of these streams (See Exhibit #26). CDS found no wetlands along the proposed route and no
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structures are proposed to be placed within the floodplain. The FEIS document adopted by reference
(See Exhibit # 34) addresses in detail, potential critical area interaction mitigations related to this
project. Finally this project crosses a Priority Habitat Species (PHS) designation: Mount Baldy Big
Horn Sheep Winter Range. As conditioned, this project is consistent with the provisions of KCC 17A.
25. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such
by this reference.
II. RECOMMENDED CONCLUSIONS OF LAW
1. The Hearing Examiner has been granted authority to render this recommendation.
2. As conditioned, the development meets the goals, policies and implementation
recommendations as set forth in the Kittitas County Comprehensive Plan.
3. As conditioned, this proposal is consistent with applicable federal and state laws and
regulations.
4. Public use and interest will be served by approval of this proposal.
5. As conditioned, the proposal is consistent with Kittitas County Code Title 17 Zoning, Title
14.04 Building Code, Title 12 Roads and Bridges, and Title 20 Fire and Life Safety.
6. The proposal is consistent with the goals and policies of the Kittitas County Comprehensive
Plan.
7. This proposal is consistent with the provisions of KCC Title 12, Roads and Bridges as
conditioned.
8. This proposal is consistent with the provisions of KCC Title 14, Buildings and Construction as
conditioned.
9. This proposal is consistent with the provisions of KCC Title 17.56, Forest and Range zoning.
10. This proposal is consistent with the provisions of KCC Title 17.3 1, Commercial Agriculture
zoning.
11. This proposal is consistent with the provisions of KCC 17.60A, Conditional Uses and meets the
criteria of KCC 17.60A.015 (7).
12. This proposal is consistent with the provisions of KCC 17A, Critical Areas.
13. This proposal, as conditioned is consistent with KCC 20, Fire Life and Safety.
14. This proposal is consistent with KCC 17.6 1, Utilities.
15. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such
by this reference.
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M. RECOMMENDED DECISION
Based on the above Findings of Fact and Conclusions of Law, Application CU -18-00001 is hereby
recommended to be APPROVED subject to the following Recommended Conditions of Approval.
IV. RECOMMENDED CONDITIONS OF APPROVAL
All Conditions of Approval shall apply to the Applicant, and the Applicant's heirs, successors in
interest and assigns.
1. The project shall proceed in substantial conformance with the plans and application materials
on file with CDS dated July 17, 2018 and subsequent information included in the complete file
index except as amended by the conditions herein.
2. State and Federal
1. Applicant must meet all applicable state and federal regulations.
2. The Applicant shall work with Washington State Fish and Wildlife to determine if HPA
permitting is required and obtain any necessary permits prior to any work involving stream
crossings.
3. Building
1. All new construction must meet the International Building Code requirements.
4. Roads and Transportation
1. The subject project crosses Interstate 82 (1-82), a fully -controlled limited access facility
with a posted speed limit of 70 miles per hour. Direct access to 1-82 is prohibited. Access
to the proposed project shall be via private property adjacent State Route 821 (SR 821).
The Applicant is required to contact Mark Kaiser at the WSDOT - South Central Region
Office at (509) 577-1668 to ensure all access connection permits are up to date.
2. Any work to be performed in WSDOT rights-of-way must be coordinated with the South
Central Regional Utilities office prior to beginning any work. The South Central Region
Utilities Engineer is Jamil Anabtawi. He can be reached at (509) 577-1785.
3. Any work moving more than 100 cubic yards of material will require grading permits
through Kittitas County Public Works.
5. Fire & Life Safety
1. All development, design and construction shall comply with the International Fire Code
requirements.
6. EIS Adoption
1. All development shall conform to the mitigation measures outlined in the Vantage to
Pomona Heights Final Environmental Impact Statement published in October, 2016.
7. Land Control
1. The Applicant shall acquire permission in writing from all private property owners whose
property will be traversed and submit documentation of permission to Kittitas County CDS
prior to construction.
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8. Shorelines
1. Any change to the scope of the project that would involve any structural encroachment
within 200 feet of a Shoreline of the State, shall require additional permitting through
Kittitas County CDS.
9. Kittitas County Department of Public Works
1. Grading Permit: A grading permit may be required for any fill/excavation work exceeding
100 cubic yards of material.
2. Right -of -Way; All construction within County Right -of -Way (ROW), specifically
Huntzinger Road, will require a right -of way permit.
3. Franchise Agreement: If construction of the transmission line necessitates use of County
ROA, a franchise agreement will be required.
4. Haul Agreement:. Over legal loads will require a County haul agreement prior to transport
of system components on the County roadway network.
Dated this 6' day of November, 2018.
M-/
drew L. Kottkamp
HEARING EXAMINER
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