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HomeMy WebLinkAboutRes-2019-003 Vantage to Pomona CUPBOARD 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. 2019-0 0 3 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 OFF ACT and CONCLUSIONS AT LA w 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 Pe.r1nit (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). DATEDthis ATTEST: 2nd day of ___ --=-J=an=u=arv=--'------' 2019 at Ellensburg, Washington. BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON ~ice Chairman , Commissioner APPROVED AS TO FORM: Neil Caulkins, Deputy Prosecuting Attorney 435 Orondo Ave. I Wenatchee, WA 98801 PO Box 1667 I Wenatchee, WA 98807 November 7, 2018 Kittitas County Comm. Develop Services 411 N. Ruby, Suite 2 Ellensburg, WA 98926 Exhibit A E C E-i 1VED NOV 9 2018 -lf : Ki' ~ tttftas County CDS Re: CU-18-00001 Vantage to Pamona Heights Greetings: Enclosed please find the Hearing Examiner's Decision, Attorneys Andrew L. Kottkamp Nicholas A. Yedinak Sean R. Esworthy Zack Goytowski Ryan Feeney If you have any questions or concerns please feel free to contact me at your earliest convenience. Sincerely, .Jr I I KA TH.Y. ORIBR www wenatcheelaw com Toll-Free 866-441-1444 Local509-667-8667 Fax 509-667-8837 IN THE MATTER OF CU-18-00001 Vantage to Pamona Heights KITTITAS COUNTY LAND USE HEARING EXAMINER ) ) ) ) RECOMMENDED FINDINGS OF FACT, RECOMMENDED CONCLUSIONS OF LAW, RECOMMENDED DECISION AND RECOMMENDED CONDITIONS OF APPROVAL TffiS MA TfER having come on for hearing in fr ont of the Kittitas County Hearing Examiner on November ·1, 2018 , the Hearing Exam iner having taken evidence hereby submits the following Recommended Findings of Fact, Recomm ended Conclusions of Law Recommended Decision and Recommended Conditions of Approval as follows: I. RECOMMENDED FINDINGS OF FACT 1. David Dean, agent for Pacific Power, is proposing the development and continued maintenance of a 27 .6 mile 230 kV transmis sion line to be built 111 the sou th eas t comer of Kittita s 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 Jine ,:oute will cross into Kittitas County along the soulbem county line between Highwny 821 and Interstate 82, and tben continues north~northeast for approximately 6 miles . The transmis ion line turns northea st a mile before crossing interstate 82 south of Exit 11 ~md continues that direction to Badger Pocket where it turns east. The transmission line continues east for approximalely 14 miles then turns northeast just before crossin.g the Columbia River. Th e new transmission line patallels exjsting transmission lin e corridors for most of the length through Kittitas County. 3. Site Information Total Property Size: Number of Lots: Domestic Water: Sewage Disposal: Power/Electricity: Fire Protection: Irrigation District: 4. Site Characteristics: Approximately 560 acres of ROW within the County P.ropmml crosse s 43parcels within the county NIA NIA NIA Fire Districts 4, Fire District 2 (KVFR), and areas outside of Fire Districts NIA The transmission line as proposed _ will travel 27.6 miles through two zoning di stric ts· Fa.rest and Range, and Commercial Agriculture and across 43 individual parcels. Site oharaeterlstics CU-18-00001 Vantage to Pamona Heights Page 1 of 8 vary along this route. The transmission line will follow existing transmission line corridors for much of its path through Kittitas County. 5 . 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. 8. 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 foJlows: CU-18-00001 Vantage to Pamona Heights Page2 of8 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. I 0.6 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.O 1 S 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 HP A 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 perfonned 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 CU-18-00001 Vantage to Pamona Heights Page 3 of8 Take 5 HOA expressed concerns regarding the potential for project access via Roz.a 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: .Ma.pped 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 1 S: 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 EfS 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 CU-18-00001 Vantage to Pamona Heights Page4 of8 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 pennits 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 17.31, 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 .61, 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.0 15(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 includi11g Chapte?"S ·; 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 17 A, Critical Areas as follows: 24.1 CDS conducted an administrative critical areas review in accordance with KCC 17 A 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 HP A · pennitting 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 CU-18-00001 Vantage to Pamona Heights Page 5 of 8 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 ofKCC 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 conditi~ned, 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 ofKCC Title 17.56, Forest and Range zoning. 10. This proposal is consistent with the provisions of KCC Title 17.31, Commercial Agriculture zoning. 11 . This proposal is consistent with the provisions of KCC 17 .60A, Conditional Uses and meets the criteria ofKCC l 7.60A.015 (7). 12. This proposal is consistent with the provisions of KCC 17A, Critical Areas. 13. lbis proposal, as conditioned is consistent with KCC 20, Fire Life and Safety. 14. This proposal is consistent with KCC 17.61, Utilities. 15. Any Finding of Factthat is more correctly a Conclusion of Law is hereby incorporated as such by this reference. CU-18-00001 Vantage to Pamona Heights Page 6 of8 . ' ill. 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. Th e pr oj ect sh al I proceed in substantial confor mance wi th the p lans and application mater iaJs on fi le with CDS dated July 17, 201'8 a1~d s ubsequent inform ation in cluded in the tomplete fil e 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 detennine ifHPA permitting is required and obtain any necessary pennits prior to any work involving stream crossings. 3. Building I. 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 (S09) S77-1668 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 (S09) S77-1785. 3. Any work moving more than 100 cubic yards of material will require grading pennits 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 pennission in writing from all private property owners whose property will be traversed and submit documentation of permission to Kittitas County CDS prior to construction. CU-18-00001 Vantage to Pamona Heights Page 7 of8 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 pennitting through Kittitas County CDS. 9 . Kittitas County Department of Public Works l. Gta dfo g Permit: A grading permit may be required for any filVexcavation work exceeding l 00 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 Ae.reement: If construction of the transmission line necessitates use of County ROA, a franchise agreement will be required. 4. Hau l A greement: _Over legal loads will require a County haul agreement prior to transport of system components on the County roadway network. Dated this 6111 day of November, 2018. CU-18-00001 Vantage to Pamona Heights Page 8 of8 .. .. !i! i! .i i .... H o, B 'I JS ~-" I f H ! f I Ex~ibitB I ulf H Pil -I ll I l~ /npBt;1iul1hlplf 11 11! ·.• l ] ,~.. ,JJtl . t 0 . -. z ,, ·t " . ~-( il ·,. i: ,: ~: ; ~ ,, ,. r:~ t -"' " ... . ,. . l ·""!". U,,h • r.tif\l ; " :: ~ --«J~:,....l s· A,~., Hr t. ~\~ 1fM ; •1.J I ~ 'ta, ': < ~ ~. :e, ~, ... ~ .,,;i - 1/tA 111, -~ • • z I ... ""' : . < .•. • ti .-. ,. Cl .. ... ~- c.: a .. ... ( i::: " § .lf ~ . I ~ )j I 1./'/ ::r 'I// . JI/ . • . I I I I • I I l 'C.