Town of Friday Harbor PO Box 219 / 60 Second St / Friday Harbor / WA / 98250 (360) 378-2810 / fax (360) 378-5339 / www.fridayharbor.org STAFF REPORT For: The Friday Harbor Town Council From: Mike Bertrand, Land Use Administrator Re: Shoreline Substantial Development Permit No. 102 and SEPA Checklist No. 302 A proposal to construct a three-story, twenty-nine-unit hotel with 30-stall parking garage. Date: March 7, 2018 PROPERTY OWNER: Tami Roble 12648 SE 161st St. Renton, WA 98050 AUTHORIZED AGENT: Wally Trace Trace Real Estate Services, LLC 2800 Western Ave. #112 Seattle, WA 98121 APPLICANT: Carl F. Pirscher CDA + Prischer Architects 23114 100th Ave. W. Edmonds, WA 98020 1. SUBJECT PROPERTY DESCRIPTION & PROPOSAL: The subject property is identified as tax parcel nos. 351150001 and 351150003, respectively located at 196 and 240 First Street North, Friday Harbor, San Juan Island, WA. The subject property is located within the shoreline as defined by the Shoreline Master Program of the Town of Friday Harbor. According to the San Juan County Assessor’s Office: • 196 First Street North is described in short as GOULD’S ACRE ADDN TO FH TL 1 OF LT1 SEC 11, T 35N, R 3W • 240 First Street North is described in short as GOULD’S ACRE ADDN TO FH TL 1 OF TR 2 SEC 11, T 35N, R 3W The subject property is presently undeveloped and has direct views of San Juan Channel, the Friday Harbor ferry landing, and the Port of Friday Harbor marina. T:\Community Development\Land Use\Staff Reports\SSDP's\Mobys at FH SSDP 102 & SEPA 302\Mobys at FH SSDP 102 & SEPA 302.docx 1 of 11 Town of Friday Harbor PO Box 219 / 60 Second St / Friday Harbor / WA / 98250 (360) 378-2810 / fax (360) 378-5339 / www.fridayharbor.org 2. NOTICE OF APPLICATION & NOTICE OF DETERMINATION OF NONSIGNIFICANCE: The Town of Friday Harbor Community Development Department deemed this Shoreline Substantial Development Permit Application complete and a Notice of Application & Notice of Determination of Non-Significance was posted and published in the newspaper of record on January 31 and February 7, 2018, as required. This Notice was also posted in two prominent public locations and on the Subject Property, as required. The required 30-day public comment period will end on March 16, 2018. To date of this staff report, no public comment has been received by the Town. The Town of Friday Harbor, as lead agency, has determined that this proposal does not have a probable significant adverse impact on the environment. An Environmental Impact Statement is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed SEPA Checklist and other information on file; this information is readily available to the public upon request. This Determination of NonSignificance is issued under WAC 197-11-340. This jurisdiction has not received any appeals that may have been made by the Department of Ecology or any of the applicable agencies with jurisdiction. The appeal period ended February 14, 2018. APPLICATION: The Shoreline Substantial Development Permit Application and required SEPA Checklist for the subject property were filed with the Town of Friday Harbor Department of Community Development on January 23, 2018. PUBLIC PARTICIPATION: Notice of the public hearing scheduled for March 15, 2018 at 5:30 p.m. was published in the newspaper of record on March 7 and March 14, 2018, as required by law. Additionally, this Notice was mailed to all property owners of record located within 300 feet of the subject property on March 2, 2018. The public hearing notice was also posted at the subject property and in two prominent public locations, as required. SHORELINE CLASSIFICATION AND MASTER PROGRAM REQUIREMENTS: The shoreline of the Town of Friday Harbor seaward of the “Extreme Low Tide” is considered a Shoreline of Statewide Significance. The Shoreline Master Program designates the subject property as an “Urban Environment”. FRIDAY HARBOR MUNICIPAL CODE SECTION 19 - SHORELINE MASTER PROGRAM: T:\Community Development\Land Use\Staff Reports\SSDP's\Mobys at FH SSDP 102 & SEPA 302\Mobys at FH SSDP 102 & SEPA 302.docx 2 of 11 Town of Friday Harbor PO Box 219 / 60 Second St / Friday Harbor / WA / 98250 (360) 378-2810 / fax (360) 378-5339 / www.fridayharbor.org The portions of the Town’s Shoreline Master Program that are the most applicable to this application are: 19.04.040 Applicability to persons. This master program shall apply to all land and waters in or under the jurisdiction of the town of Friday Harbor as the same may fall under jurisdiction of Chapter 90.58 RCW, the Shoreline Management Act, referred to herein as the Act. The master program provides goals, policies and regulations, which are additional to all other ordinances of the town of Friday Harbor. If the provisions of the master program conflict with other applicable local ordinances, policies, and regulations, the one most satisfying the provisions of the Act shall apply. Changes to comprehensive plans and associated ordinances shall be consistent with the policies of the Shoreline Management Act and this master program pursuant to RCW 90.58.340. 19.04.100 Definitions. For the purpose of this chapter, the terms set out in this section shall have the meanings indicated. The definitions contained in Chapter 90.58 RCW, Chapters 173-22 and 173-27 WAC, and WAC 173-26-020, or as amended, are hereby adopted. 1. “Act” means the Shoreline Management Act of 1971, Chapter 90.58 RCW, as amended from time to time. 2. “Public Access” is an unobstructed access available to the general public to enjoy the local shoreline. Primary public access is a means of physical approach to and along the water’s edge. Views to the water are considered a secondary type of public access. Public access may combine visual and physical elements in a variety of ways and generally means access without charge or cost to the public. Whenever public access is made available only in exchange for payment of some cost or charge, whether direct or indirect, it shall not be deemed to satisfy the public access requirements of this program unless, under all of the circumstances, it is clear that large numbers of the public will be likely to enjoy the access on a regular basis at a cost that would not be unreasonable, or prohibitive to any segment of the public. 3. “Public shoreline view” means a view of the local shoreline and all saltwater and all territorial views beyond the salt water, or any significant portion thereof, which is consistently available to general members of the public from any street, park, or other publicly owned area, or any such view that is consistently available to substantial numbers of people from privately owned property that is open to use by general members of the public on a regular basis. 4. “Shorelands” or “shoreland areas” means those lands extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of this chapter; the same to be designated as to location by the Department of Ecology. 5. “Water-enjoyment use” means a recreational use such as a park, pier, or other use facilitating public access as a primary character of the use, or a use that provides for T:\Community Development\Land Use\Staff Reports\SSDP's\Mobys at FH SSDP 102 & SEPA 302\Mobys at FH SSDP 102 & SEPA 302.docx 3 of 11 Town of Friday Harbor PO Box 219 / 60 Second St / Friday Harbor / WA / 98250 (360) 378-2810 / fax (360) 378-5339 / www.fridayharbor.org passive and active interaction of a large number of people with the water or shoreline for leisure and enjoyment as a general character of the use and which, through location, design and operation, assure the public’s ability to interact with the water or shoreline. In order to qualify as a water-enjoyment use, the use must be open to the public and most if not all of the water or shoreline oriented space in the facility must be devoted to the specific aspects of the use that foster shoreline or water interaction. Waterenjoyment uses may include, but are not limited to, restaurants, museums, aquariums, scientific/ecological reserves, resorts, and mixed use commercial; provided, that such use conforms to the above requirements and provisions of the master program. 6. “Water-oriented use” means any one or a combination of water-dependent, waterrelated or water-enjoyment uses. 7. “Water-related use” means a use that is not intrinsically dependent on a shoreline location but whose economic viability is dependent upon a shoreline location because of a functional requirement for a shoreline location, such as the arrival or shipment of materials by water, or because the use provides a necessary service supportive of a water-dependent commercial activity. 19.04.110 General. The Shoreline Management Act designates certain water areas of the state as shorelines of statewide significance. Water areas so designated are important to the entire state. Because these areas are resources from which all people in the state benefit, local master programs must give preference to uses of such areas which favor public and long-range goals. 19.04.120 Designation of shorelines of statewide significance. The State Legislature has designated all salt waters surrounding the islands of San Juan County, seaward from the line of extreme low tide, as shorelines of statewide significance. 19.04.130 Policies governing the use of shorelines of statewide significance. A. Introduction. The Shoreline Management Act establishes policies which govern the use of shorelines of statewide significance (RCW 90.58.020). All proposed activities within shorelines of statewide significance must first be consistent with the policies of this section before meeting the other provisions of this master program. Uses which are consistent with the following policies, cited in order of descending preference, shall be given preference by the town of Friday Harbor. Uses which are not generally consistent with these policies should not be permitted on shorelines of statewide significance. B. Policies. 1. The statewide interest should be recognized and protected over the local interest on shorelines of statewide significance. 2. The natural character of shorelines of statewide significance should be preserved. 3. Shorelines of statewide significance should be used in ways which will produce longterm benefits as opposed to short-term benefits or conveniences. T:\Community Development\Land Use\Staff Reports\SSDP's\Mobys at FH SSDP 102 & SEPA 302\Mobys at FH SSDP 102 & SEPA 302.docx 4 of 11 Town of Friday Harbor PO Box 219 / 60 Second St / Friday Harbor / WA / 98250 (360) 378-2810 / fax (360) 378-5339 / www.fridayharbor.org 4. Actions that would commit resources to irreversible uses or would detrimentally alter natural conditions characteristic of such shorelines should be severely limited. 5. The short-term economic gain or convenience associated with a proposed development should be evaluated in relationship to long-term and potentially costly impairments to the natural environment. 6. The visual impact of every proposed project should be thoroughly evaluated and adverse impacts should be minimized. 7. The natural resources and natural systems of shorelines of statewide significance should be protected. Areas containing unusual or fragile natural resources or natural systems should be left undeveloped. 8. Public access to publicly owned areas of the shorelines of statewide significance should be increased. 9. Recreational opportunities for the public in shorelines of statewide significance should be increased. ARTICLE IV. GOALS AND GENERAL SHORELINE USE & DEVELOPMENT POLICIES 19.04.140 General A. The Shoreline Management Act establishes eight land and water use elements to be incorporated into every master program when appropriate. These are shoreline use, economic development, public access, circulation, recreation, conservation, flood damage prevention, and historic and cultural preservation. B. The following goals and policies provide the foundation on which this entire master program rests: 19.04.150 Shoreline use. A. Goal. 1. To assure protection of the unique character of Friday Harbor, as recognized and described in the town’s comprehensive plan, while providing for uses of the local shoreline which do not needlessly diminish the quality of the shoreline environment, and to assure the optimum opportunity for participation by local residents in the decisionmaking processes which may affect that unique character. 4. Most of the factors which create the unique character of the town depend upon the type of development that occurs within the local shoreline. Preservation of Friday Harbor’s uniqueness especially requires that all such development be essentially consistent with the pattern, scale, and character of existing development within the local shoreline and its adjacent areas. Evaluation of proposed development shall include consideration of the impact upon: a. The principle of no net loss of ecosystem and value. b. The town’s character when viewed from the water, as well as from the land; and c. The aquatic environment. B. Policies. T:\Community Development\Land Use\Staff Reports\SSDP's\Mobys at FH SSDP 102 & SEPA 302\Mobys at FH SSDP 102 & SEPA 302.docx 5 of 11 Town of Friday Harbor PO Box 219 / 60 Second St / Friday Harbor / WA / 98250 (360) 378-2810 / fax (360) 378-5339 / www.fridayharbor.org 1. Uses which protect the potential long-term benefits to the public against compromise for reasons of short-term economic gain or convenience should be fostered. 2. Multiple use of over water shoreline facilities is strongly encouraged. 3. Areas of the local shoreline which are particularly appropriate for specific shoreline and water area uses should be designated and reserved for those uses. 4. Except for residential uses, the local shoreline should be reserved for water-oriented uses. Uses which are not water-oriented should not be permitted. 5. Shoreline land which does not abut the waterfront should be reserved for residential uses or for water-oriented uses; provided, that other uses may be permitted if they provide public open spaces and public shoreline views, consistent with this master program. 6. Continuing studies of the physical and economic aspects of shoreline systems should be encouraged in order to provide a continuously updated information base against which the impact of any proposed shoreline or water use can be measured. 7. Residents of Friday Harbor should be permitted to review any application for a shoreline permit prior to the town council action on the application. In addition, public meetings and hearings may be held upon request in order to further serve this purpose. 8. The goals and policies of this master program should be considered in all land use decisions that affect uplands adjacent to the shoreline. 9. Incremental change in shoreline condition due to issues related to climate change will be monitored and administration of this chapter may be adapted as data becomes available. 19.04.160 Economic development. A. Goal. 1. To acknowledge the critical importance of a balanced and diversified local economy for the long-range well-being of Friday Harbor and the island community, by evaluating proposals for economic development along the shoreline or over the water with regard to the degree to which physical and social qualities of the town will be enhanced. 2. In recognition of the fact that the foundation of the town’s economic structure is its unique retained character, the long-range well-being of Friday Harbor requires that development within the local shoreline areas be designed and located in ways which are essentially consistent with the pattern, scale, and character of existing development within the local shoreline and its adjacent areas. B. Policies. 1. Commercial development on shorelines and over water should occur where such development already exists, and such development should be consistent with the provisions of this master program. 2. All shoreline and over water development and use activities should be designed and constructed in a manner appropriate to the site and vicinity and to minimize cumulative adverse effects on the land and water environments. 3. All shoreline and over water development and use activities, including construction of commercial, industrial, residential and recreational uses, should be required to use all T:\Community Development\Land Use\Staff Reports\SSDP's\Mobys at FH SSDP 102 & SEPA 302\Mobys at FH SSDP 102 & SEPA 302.docx 6 of 11 Town of Friday Harbor PO Box 219 / 60 Second St / Friday Harbor / WA / 98250 (360) 378-2810 / fax (360) 378-5339 / www.fridayharbor.org available and practical methods to minimize pollution, erosion, siltation and interference with natural water and sediment circulation. 4. Any shoreline or over water use which generates sewage or other wastes should have waste disposal facilities that are of approved design and sufficient capacity to prevent any cumulative adverse environmental impacts. 5. Preservation of public shoreline views should be accomplished by maintaining open space between buildings, by clustering buildings and by minimizing building height and total lot coverage by buildings. 6. Preservation of open space should be encouraged in all proposed uses of shorelines. 7. Off-premises commercial signs should be prohibited within the local shoreline. 8. Upon completion of public service and/or utilities projects, shorelines, tidelands, and bed lands should be restored to pre-project configurations and replanted with native species. Locations should be chosen which will not obstruct or destroy public shoreline views. Whenever possible these facilities should be placed underground or designed to do minimal damage to the scenic and ecological qualities of the area. 9. The handling or processing of petroleum products, other than that necessary for local consumption, is not compatible with the biological and physical character of Friday Harbor and should be prohibited. 10. Development and use of public lands should conform to the same limitations and standards imposed on development and use of private lands. 19.04.170 Public access and public shoreline views. A. Goal 1. To assure safe, convenient and diversified physical access for the public to the water and to and along the shoreline, and to assure that intrusions created by such public access will not endanger the quality of life or property of town residents, or have adverse effects on fragile natural features of the shoreline and water areas. 2. To protect the economic base of Friday Harbor and the surrounding community by preserving, among other unique characteristics, the quality and scope of existing public shoreline views. 3. To preserve public shoreline views and public access to the local shoreline. 4. The Shoreline Management Act places emphasis on the right of the general public to enjoy the physical and aesthetic qualities of the shoreline and water areas, while allowing for controlled development consistent with the public interest. Public access can include activities ranging from shellfish harvesting to simple appreciation of a water view. Access can be to uplands adjacent to the shoreline, to tidelands, beaches, stream corridors, and to the water itself. 5. While public access is most frequently gained over public land, it can also be a mitigating component in a development on private land. In such cases, the public should gain some form of access to or near the water or shoreline, while the developer is able to complete a project that otherwise may have unacceptable impacts on public views, access, and use of the shoreline and water. Most often, this right of public access is obtained via a development condition and is expressed in an easement or conveyance in fee simple. In addition to acquisition of public access on private lands, public access T:\Community Development\Land Use\Staff Reports\SSDP's\Mobys at FH SSDP 102 & SEPA 302\Mobys at FH SSDP 102 & SEPA 302.docx 7 of 11 Town of Friday Harbor PO Box 219 / 60 Second St / Friday Harbor / WA / 98250 (360) 378-2810 / fax (360) 378-5339 / www.fridayharbor.org may also be achieved by developers contributing to the cooperative development of public properties. 6. An intent of the Shoreline Management Act and this master program is to plan, provide and maintain a comprehensive system of public access. Such a system should be designed to provide safe and abundant access to water and shoreline recreational areas while preventing trespass onto private properties. Water-oriented uses and activities are encouraged that provide an opportunity for substantial numbers of the public to enjoy the local shoreline. B. POLICIES. 14. Public shoreline views should be preserved to the maximum extent consistent with the rights of the owner whose property is proposed for development. Wherever reasonable, existing public shoreline views should be enhanced; provided, that enhancement of views should not be construed to mean excessive removal of vegetation that obstructs or impairs views, and that any removal of vegetation be in compliance with FHMC 19.04.300(F). 15. New public shoreline views should be created. 19.04.250 Urban environment. A. Statement of Purpose. The urban environment is an area of intensive and diverse land use. The purpose of the urban environment designation is to ensure full use of already urbanized shorelines by providing for and maintaining a variety of uses, particularly those that are waterdependent, water-related, or for water-enjoyment. Protection of existing ecological functions and restoration of ecological functions in areas that have been previously degraded shall be pursued. 19.04.350 Commercial development. A. Introduction. 1. Commercial developments are those involving the use or construction of facilities for wholesale and retail trade and services. These include hotels, motels, shops, restaurants, offices and indoor recreation facilities. Not included are ports, industrial, residential and recreational boating uses. 2. Commercial development frequently requires extensive space for normal operation and parking. The principal impacts on shorelines from commercial development are aesthetic effects, erosion and introduction of pollutants (e.g., sedimentation, wastes). Pollutants are generated from surface runoff, oil and fuel spills, and from poorly contained organic wastes. Intensive commercial use also affects traffic volumes and circulation patterns. 3. In many cases, commercial development will include associated uses which are identified as separate use categories in this master program. Associated signs, utilities, landfills, transportation facilities and ports and water-dependent industry are subject to policies and regulations established for those uses in addition to the provisions of this section. T:\Community Development\Land Use\Staff Reports\SSDP's\Mobys at FH SSDP 102 & SEPA 302\Mobys at FH SSDP 102 & SEPA 302.docx 8 of 11 Town of Friday Harbor PO Box 219 / 60 Second St / Friday Harbor / WA / 98250 (360) 378-2810 / fax (360) 378-5339 / www.fridayharbor.org B. Policies. 1. New commercial development within the local shoreline should occur only in areas where commercial development already exists, and only when it is consistent with the provisions of this master program. 2. Commercial development on waterfront land should be restricted to water-oriented uses with preference given to water-dependent uses. 3. Commercial development on shoreline land which is not waterfront should be restricted to water-enjoyment uses. Water-related uses, and other uses which provide outdoor open space, open to the public without charge, and which offer public shoreline views, may also be permitted, as a conditional use, provided such uses are set back a minimum of 100 feet from OHWM. a. Where public access easements are not possible, public access policies may be satisfied by employing design elements such as wide walkways parallel to sidewalks, landscaping and benches. b. Public sidewalks and adjoining private areas open to the public should be designed to create a physically and visually continuous pedestrian route along the landward side of Front Street to encourage use by the general public rather than by business patrons. 4. New and expanded commercial developments should be designed and located to protect and enhance public shoreline views consistent with this master program. 5. New and expanded commercial development should be permitted only where adequate parking area is or can be made available. 6. New and expanded commercial development should avoid impacts to existing navigation, recreation, and public access. C. Regulations. 1. Non-water-dependent commercial over water uses are prohibited except in existing structures, and where necessary to support water-dependent uses. 2. New non-water-oriented commercial uses are prohibited unless they are part of a mixed-use project, navigation is severely limited, and the use provides a significant public benefit with respect to SMA objectives. 3. Shoreline permit applications for commercial development shall include a detailed statement explaining the nature and intensity of the relationship of the proposed development to the local shoreline, i.e., water-dependent, water-related or waterenjoyment. Such statements shall include at least the following: a. Nature of the commercial activity; b. Need for shoreline or over water location; c. Proposed measures to enhance the relationship of the activity to the shoreline or water; d. Proposed provisions for public physical and visual access to the local shoreline; and e. Certification by a licensed engineer or architect that the project will not contribute to any net loss of local shoreline ecosystem function or value. 4. Draining or filling water bodies for commercial development is prohibited. T:\Community Development\Land Use\Staff Reports\SSDP's\Mobys at FH SSDP 102 & SEPA 302\Mobys at FH SSDP 102 & SEPA 302.docx 9 of 11 Town of Friday Harbor PO Box 219 / 60 Second St / Friday Harbor / WA / 98250 (360) 378-2810 / fax (360) 378-5339 / www.fridayharbor.org 5. Commercial docks and boat fueling stations shall be permitted to locate over water. No other commercial uses may include over water structures. 6. Bulkheads and/or land filling are prohibited seaward of the OHWM in association with commercial development. 7. Shoreline permit applications for commercial development shall include a parking plan, showing the location, dimensions and capacity of the proposed parking area and the proposed landscaping or screening. 8. Commercial development on the landward side of Front Street, or on land which does not otherwise abut the water, which is not water-dependent shall be subject to the following requirements: a. On-site parking shall not be located seaward of buildings, and adequate street access shall be provided; and b. A landscaping plan shall be submitted with shoreline permit applications. 9. Water-dependent and water-related commercial uses shall be required to provide public access and ecological restoration where feasible and appropriate. 10. All commercial development will not result in a net loss of shoreline ecological functions or have significant adverse impacts to other shoreline uses such as existing navigation, recreation, and public access as required by WAC 173-26-241(3)(d). D. Regulations by Environment. 1. Commercial development shall be permitted in the urban environment subject to FHMC 19.04.300 and the policies and regulations of this master program; provided, that commercial structures not permitted over the water shall be set back at least 25 feet from the OHWM and shall not exceed the average height of existing buildings within 200 feet of the proposal. 2. Commercial development is prohibited in the urban residential and natural environments. 3. Water-dependent commercial development shall be permitted in the aquatic environment subject to FHMC 19.04.300 and the policies and regulations of this master program including but not limited to Article III of this chapter. Other commercial development is prohibited. (Ord. 1576 § 6(6.07), 2015) STAFF EVALUATION: Land Use The parcel of land is in the Urban Environment of the shoreline. The planned uses for this development are considered water-oriented and are therefore allowed as per FHMC 19.04.350(b)(2), Commercial Development Policies. “Water-oriented use” means any one or a combination of water-dependent, water-related or water-enjoyment uses. “Water-enjoyment use” means a recreational use such as a park, pier, or other use facilitating public access as a primary character of the use, or a use that provides for passive and active interaction of a large number of people with the water or shoreline for leisure and enjoyment as a general character of the use and which, through location, design and operation, assure the public’s ability to interact with the water or shoreline. In order to qualify as a water-enjoyment use, the use must be open to the public and T:\Community Development\Land Use\Staff Reports\SSDP's\Mobys at FH SSDP 102 & SEPA 302\Mobys at FH SSDP 102 & SEPA 302.docx 10 of 11 Town of Friday Harbor PO Box 219 / 60 Second St / Friday Harbor / WA / 98250 (360) 378-2810 / fax (360) 378-5339 / www.fridayharbor.org most if not all of the water or shoreline-oriented space in the facility must be devoted to the specific aspects of the use that foster shoreline or water interaction. Waterenjoyment uses may include, but are not limited to, restaurants, museums, aquariums, scientific/ecological reserves, resorts, and mixed use commercial; provided, that such use conforms to the above requirements and provisions of the master program. The applicants are proposing to utilize the Historic Preservation incentives outlined in FHMC 17.64.070 for height and parking. The height incentive will allow them to build to 35 feet calculated for the existing slope on the property. They are also seeking the 50 percent reduction in parking incentive. Hotels require 1 space per room and the Restaurant use requires one (1) space for each 130 square feet of calculated new use area. The plan as currently submitted would require 37 spaces for the hotel rooms and restaurant. They have indicated that they can provide 30 spaces in the proposed garage. The applicant has begun meeting with the Historic Preservation Review Board (HPRB) in order to be in compliance with them. This permit would be conditioned on approvals from the HPRB. The property also falls within the View Protection Overlay District which requires a 10-foot setback on each side yard to protect the views from First Street towards the water. The applicant will submit a Boundary Line Modification application which creates one lot instead of two. This permit would be conditioned on the execution of this application. The public will have access to the restaurant for shoreline views in this development. Construction must commence within two years and be complete in five years from the date of the Shoreline Substantial Development permit or the permit will become null and void. All regulations of the Friday Harbor Development Codes shall apply. RECOMMENDATION OF STAFF: It is the staff’s conclusion that Substantial Shoreline Management Permit application No. 102, with suggested conditions, will meet the requirements for granting said permit as regulated by Chapters 17.68 and 19.04 of the FHMC. ATTACHMENTS: JARPA submitted and dated January 23, 2018 – 16 pages Shoreline View Corridors Map – 1 page Plans - 9 pages T:\Community Development\Land Use\Staff Reports\SSDP's\Mobys at FH SSDP 102 & SEPA 302\Mobys at FH SSDP 102 & SEPA 302.docx 11 of 11 Part 1-Project Identification WASHINGTON STATE Joint Aquatic Resources Permit Application (JARPA) Form1?2 mg] USE BLACK OR BLUE INK TO ENTER ANSWERS IN THE WHITE SPACES BELOW. US Army Corps of Engineers 5- Seattle District Date received: AGENCY USE ONLY I I i Agency reference I i I ?fe/#59505 4? Tax Parcel #(iy 1. Project Name (A name for your project that you create. Examples: Smith?s Dock or Seabrook Lane Development) he p] Moby?s at Friday Harbor Part 2?Applicant The person and/or organization responsible for the project. [we] 2a. Name (Last, First, Middle) Carl F. Pirscher, AIA, LEED AP 2b. Organization (If applicable) CDA+Pirscher Architects Inc. 26. Mailing Address (Street or PO Box) 23114 100th Ave. W. 2d. City, State, Zip Edmonds, WA 98020 2e. Phone (1) 2f. Phone (2) 29. Fax 2h. E-mail 206?368-9668 x1 07 206-853-1904 206?368-9558 carlp@cdaarch.com 1Additional forms may be required for the following permits: . If your project may qualify for Department of the Army authorization through a Regional General Permit (RGP), contact the US. Army Corps of Engineers for application information (206) 764-3495. - If your project might affect species listed under the Endangered Species Act. you will need to fill out a Specific Project Information Form (SPIF) or prepare a Biological Evaluation. Forms can be found at http: nws. usace. armv. aspx . Not all cities and counties accept the JARPA for their local Shoreline permits If you need a Shoreline permit contact government to make sure they accept the JARPA. 2To access an online JARPA form with [help] screens go to resourcecenter/iarpa jarpa formg. For other help, contact the Governor?s Office for Regulatory Innovation and Assistanc??tk?oa) ail 726331433 or help@0ria.wa.gov 0125510 $3.9m. Page 1 of15 Part 3?Authorized Agent or Contact Person authorized to represent the applicant about the project. (Note: Authorized agent(s) must sign 11b of this application.) 3a. Name (Last, First, Middle) Trace, Wally 3b. Organization (If applicable) Trace Real Estate Services L.L.C. 3c. Mailing Address (Street or PO Box) 2800 Western Ave. #112 3d. City, State, Zip Seattle, WA 98121 3e. Phone (1) 3f. Phone (2) 39. Fax 3h. E-mail 623-225-6922 623?594-2300 wtrace@longrealty.com Part 4?Property 0wner(s) Contact information for people or organizations owning the property(ies) where the project will occur. Consider both upland and aquatic ownership because the upland owners may not own the adjacent aquatic land. [Help] Same as applicant. (Skip to Part 5.) l1 Repair or maintenance activities on existing rights-of?way or easements. (Skip to Part 5.) There are multiple upland property owners. Complete the section below and fill out JARPA Attachment A for each additional property owner. Your project is on Department of Natural Resources (DNR)?managed aquatic lands. If you don?t know, contact the DNR at (360) 902-1100 to determine aquatic land ownership. If yes, complete JARPA Attachment to apply for the Aquatic Use Authorization. 4a. Name (Last, First, Middle) Tami Roble 4b. Organization (If applicable) (Private property owner) 4c. Mailing Address (Street or PO Box) 12648 SE 161St St. 4d. City, State, Zip Renton, WA 98050 4e. Phone (1) 4f. Phone (2) 49. Fax 4h. E-mail 206-650-491 tamiroble@hotmail.com Page 2 of 15 Part 5?Project Location(s) Identifying information about the property or properties where the project will occur. [h_elp] El There are multiple project locations (eg. linear projects). Complete the section below and use JARPA Attachment for each additional project location. 5a. Indicate the type of ownership of the property. (Check all that apply.) [help] Private Federal Publicly owned (state, county, city, special districts like schools. ports, etc.) Tribal El Department of Natural Resources (DNR) managed aquatic lands (Complete JARPA Attachment E) 5b. Street Address (Cannot be a PO Box. If there is no address, provide other location information in 5p.) lhelp] 196 240 First Street N. 56. City, State, Zip (If the project is not in a city or town, provide the name of the nearest city or town.) lhelpl Friday Harbor, WA 98250 5d. County [help] San Juan Co. 5e. Provide the section, township, and range for the project location. [help] 1A Section Section Township Range Quarter Section: Section: 11 Township: 35 North Range: 3 West, Willamette Southeast Quarter of Meridian the Southeast Quarter (Government Lot 7) 5f. Provide the latitude and longitude of the project location. [mp] 0 Example: 47.03922 lat. [-122.89142 long. (Use decimal degrees - NAD 83) Latitude: 48.53650 (decimal degrees) or 48 degrees 32 minutes 11.4 seconds Longitude: -123.01839 (decimal degrees) or -123 degrees 01 minutes 06.2 seconds 59. List the tax parcel number(s) forthe project location. [help] 0 The local county assessor?s office can provide this information. 351150001, 3511500003 5h. Contact information for all adjoining property owners. (If you need more space, use JARPA Attachment 9.) [help] Name Mailing Address Tax Parcel (if known) Port of Friday Harbor: PO Box 889 Director Todd Nicholson Friday Harbor, WA San Juan County Public Works PO Box 729 Friday Harbor, WA 98250 Nourdine H. Jensen LLC 19 Best Place Page 3 of 15 Friday Harbor, WA 98250 A Park at the Harbor Condos Po Box 1931 Friday Harbor, WA 98250 Page4of 15 5i. List all wetlands on or adjacent to the project location. [help] None List all waterbodies (other than wetlands) on or adjacent to the project location. [help] The Salish Sea 5k. Is any part of the project area within a 100-year floodplain? [help] Yes No Don?t know Briefly describe the vegetation and habitat conditions on the property. [help] The site is currently vegetated with native shrubs and grasses and misc. scrub growth. There is a pair of 26? and 24? Dia. Madrona trees and an 8" Dia. Douglas Fir at the lower SE corner of the site. 5m. Describe how the property is currently used. Lh_e p] The site is currently vacant of habitable structures and is not currently utilized for commercial, residential, or agricultural purposes. 5n. Describe how the adjacent properties are currently used. [h_e_lp] The property across First Street N. to the west of the subject property is the San Juan County Administration building. The property to the north is currently a single family residence. The property to the east is currently occupied by the Port of Friday Harbor facility and the property to the south of the subject site is currently a four (4) unit transient housing facility. 50. Describe the structures (above and below ground) on the property, including their purpose(s) and current condition. [help] The current site structures such as rock walls, are remnant structures from a long since demolished commercial facility. 5p. Provide driving directions from the closest highway to the project location, and attach a map. [help] Primary access to Friday Harbor on San Juan Island is via the Washington State Ferry system that operates between Anacortes We. and Friday Harbor. After exiting the Ferry Terminal a car would make a right turn on Front Street, proceed 1 block and then make a left turn on Spring Street; proceed another 1 block and make a right turn on First Street N. The site is on the right hand side of First St. about two blocks up. Page 5 of 15 Part 6?Project Description 6a. Briefly summarize the overall project. You can provide more detail in 6b. [help] The project is to construct a three (3) story, 29 unit ?boutique? hotel over a basement floor of garage parking totaling approximately 21,032 square feet (SF) of new occupied structure area and related site work. 6b. Describe the purpose of the project and why you want or need to perform it. [help] The project will provide additional market rate hotel accommodations in a market that is currently under served with hospitality facilities in the immediate vicinity. 6c. Indicate the project category. (Check all that apply) [help] IE Commercial Residential El Institutional El Transportation Recreational Maintenance Environmental Enhancement 6d. Indicate the major elements of your project. (Check all that apply) [help] Aquaculture Bank Stabilization El Boat House Boat Launch El Boat Lift El Bridge I: Bulkhead l3 Buoy 13 Channel Modification Culvert Dam I Weir El Dike Levee Jetty El Ditch Book] Pier I1 Dredging El Fence Ferry Terminal [1 Fishway Float Floating Home Geotechnical Survey Land Clearing El Marina I Moorage El Mining Outfall Structure Piling/Dolphin Raft Retaining Wall (upland) Road Scientific Measurement Device El Stairs Stormwater facility El Swimming Pool Utility Line Other: The project is to construct a three (3) story, 29 unit "boutique? hotel over a basement floor of garage parking totaling approximately 21 ,032 SF of new structure area and related site work. 6-011 Page 6 of 15 Be. Describe how you plan to construct each project element checked in 6d. include specific construction methods and equipment to be used. [help] 0 identify where each element will occur in relation to the nearest waterbody. 0 Indicate which are within the 100-year ?oodplain. The land clearing operations will be undertaken by powered equipment that will be accessing the site from First St. This work will not commence until all erosion control measures have been installed and inspected The basement garage will be constructed of poured in place concrete and a post-tensioned concrete slab will serve as the separation between the garage and the upper floor hotel units. Primary materials for this element of the project will be delivered directly to the site from First St. These structural concrete elements will be placed by human labor. The upper three stories of the hotel will be of heavy timber construction for the main structural elements and wood framing for infill wall panels. Primary materials for this element of the project will be delivered directly to the site from First St. These framing elements will be framed in place by human labor. .The subject site is not within a designated 100 year floodplain. The NE quarter of the subject site area is within the 200? Shoreline Jurisdictional Area. Approximately 10% of the completed structure and related site improvements will be within the 200? Shoreline Jurisdictional Area. 6f. What are the anticipated start and end dates for project construction? (Month/Year) [help] If the project will be constructed in phases or stages, use JARPA Attachment to list the start and end dates of each phase or stage. Start Date: June 2018 End Date: June 2019 See JARPA Attachment 69. Fair market value of the project, including materials, labor, machine rentals, etc. [help] 6h. Will any portion of the project receive federal funding? [help] 0 If yes, list each agency providing funds. Yes No El Don?t know Part 7?Wetlands: Impacts and Mitigation El Check here if there are wetlands or wetland buffers on or adjacent to the project area. (If there are none, skip to Part 8.) [help] 7a. Describe how the project has been designed to avoid and minimize adverse impacts to wetlands. [help] Not applicable 7b. Will the project impact wetlands? [help] Page 7 of 15 Yes El No Don?t know Tc. Will the project impact wetland buffers? [we] Yes No Don?t know 7d. Has a wetland delineation report been prepared? [help] 0 If Yes. submit the report, including data sheets, with the JARPA package. El Yes No 7e. Have the wetlands been rated using the Western Washington or Eastern Washington Wetland Rating System? [help] 0 If Yes, submit the wetland rating forms and ?gures with the JARPA package. Yes No El Don?t know 7f. Have you prepared a mitigation plan to compensate for any adverse impacts to wetlands? [help] 0 If Yes, submit the plan with the JARPA package and answer 79. If No, or Not applicable, explain below why a mitigation plan should not be required. Yes No IE Don?t know 79. Summarize what the mitigation plan is meant to accomplish, and describe how a watershed approach was used to design the plan. [help] 7h. Use the table below to list the type and rating of each wetland impacted, the extent and duration of the impact, and the type and amount of mitigation proposed. Or if you are submitting a mitigation plan with a similar table, you can state (below) where we can find this information in the plan. [help] Activity (fill, Wetland Wetland Impact Duration Proposed Wetland drain, excavate, Name1 type and area (sq. of impact3 mitigation mitigation area flood, etc.) rating ft. or type? (sq. ft. or category2 Acres) acres) 1 If no of?cial name for the wetland exists, create a unique name (such as ?Wetland The name should be consistent with other project documents, such as a wetland delineation report. 6-011 Page 8 of 15 2 Ecology wetland category based on current Western Washington or Eastern Washington Wetland Rating System. Provide the wetland rating forms with the JARPA package. 3 Indicate the clays, months or years the wetland will be measurably impacted by the activity. Enter "permanent" if applicable. 4Creation (C), (R), Enhancement (E), Preservation (P), Mitigation Bank/ln-lieu fee (B) Page number(s) for similar information in the mitigation plan, if available: NA 7i. For all filling activities identified in 7h, describe the source and nature of the fill material, the amount in cubic yards that will be used, and how and where it will be placed into the wetland. [help] 7j. For all excavating activities identified in 7h, describe the excavation method, type and amount of material in cubic yards you will remove, and where the material will be disposed. [help] Part 8?Waterbodies (other than wetlands): Impacts and Mitigation In Part 8, ?waterbodies? refers to non-wetland waterbodies. (See Part 7 for information related to wetlands.) Mp] Check here if there are waterbodies on or adjacent to the project area. (If there are none, skip to Part 9.) 8a. Describe how the project is designed to avoid and minimize adverse impacts to the aquatic environment. helgj El Not applicable A portion of the subject site and a corner the proposed building structure lies within the 200? Shoreline Jurisdictional Area. There is substantial and significant existing commercial development between the subject property and the Salish Sea waterbody. The possible impacts of the proposed development are primarily related to the potential for storm water run?off from the subject property during the construction phase of activities to enter the Port of Friday property and potentially silt-up the existing storm water system. This potential impact will be mitigated by providing engineered siltation prevention measures that will be installed prior to initial site clearing operations and will be inspected and maintained throughout the construction process. 8b. Will your project impact a waterbody or the area around a waterbody? [help] Yes No Page 9 of 15 8c. Have you prepared a mitigation plan to compensate for the project?s adverse impacts to non-wetland waterbodies? [m If Yes, submit the plan with the JARPA package and answer 8d. 0 If No, or Not applicable, explain below why a mitigation plan should not be required. Yes El No Don?t know 8d. Summarize what the mitigation plan is meant to accomplish. Describe how a watershed approach was used to design the plan. 0 If you already completed 79 you do not need to restate your answer here. )help The total developed site area is <10,000 SF in area. LID measures will be investigated to determine the feasibility under the province of the latest DOE manual for on?site filtration and water quality enhancement. The exposed site area devoted to automobile parking is less than 5,000 SF which is less than the threshold for enhanced water quality measures. 8e. Summarize impact(s) to each waterbody in the table below. [help] Activity (clear, Waterbody Impact Duration Amount of material Area (sq. ft. or dredge, fill, pile name1 location2 of impact3 (cubic yards) to be linear ft.) of drive, etc.) placed in or removed waterbody from waterbody directly affected NA NA 1 If no official name for the waterbody exists, create a unique name (such as ?Stream The name should be consistent with other documents provided. 2 Indicate whether the impact will occur in or adjacent to the waterbody. If adjacent, provide the distance between the impact and the waterbody and indicate whether the impact will occur within the 100?year flood plain. 3 Indicate the days, months or years the waterbody will be measurably impacted by the work. Enter ?permanent" if applicable. 8f. For all activities identified in Se, describe the source and nature of the fill material, amount (in cubic yards) you will use, and how and where it will be placed into the waterbody. [help] NA 6-011 Page 10 of 15 89. For all excavating or dredging activities identified in Se, describe the method for excavating or dredging, type and amount of material you will remove, and where the material will be disposed. [help] Part 9?Additional Information Any additional information you can provide helps the reviewer(s) understand your project. Complete as much of this section as you can. It is ok if you cannot answer a question. 9a. If you have already worked with any government agencies on this project, list them below. [help] Agency Name Contact Name Phone Most Recent Date of Contact Town of Friday Harbor Mike Bertrand Land Use 360-378-2810 1-05-18 Administrator 9b. Are any of the wetlands or waterbodies identified in Part 7 or Part 8 of this JARPA on the Washington Department of Ecology?s 303(d) List? 0 If Yes, list the parameter(s) below. if you don?t know, use Washington Department of Ecology?s Water Quality Assessment tools at: El Yes No 9c. What US. Geological Survey Hydrological Unit Code (HUC) is the project in? [help] - Go to to help identify the HUC. NA 9d. What Water Resource Inventory Area Number (WRIA is the project in? [help] 0 Go to to ?nd the WRIA NA Page 11 of 15 9e. Will the in-water construction work comply with the State of Washington water quality standards for turbidity? [help] 0 Go to for the standards. Yes No Not applicable 9f. if the project is within the jurisdiction of the Shoreline Management Act, what is the local shoreline environment designation? [help] If you don?t know. contact the local planning department. 0 For more information, go to: rules/1 73-261211 Urban El Natural El Aquatic El Conservancy El Other: 99. What is the Washington Department of Natural Resources Water Type? [help] 0 Go to for the Forest Practices Water Typing System. Shoreline Fish El Non-Fish Perennial I1 Non-Fish Seasonal 9h. Will this project be designed to meet the Washington Department of Ecology?s most current stormwater manual? [h_elp] I If No. provide the name of the manual your project is designed to meet. Yes No Name of manual: 9i. Does the project site have known contaminated sediment? [help] 0 If Yes, please describe below. El Yes No If you know what the property was used for in the past, describe below. [help] The property has been vacant for well over the past decade. It appears that the property was at one time occupied by one or more single family residences. 9k. Has a cultural resource (archaeological) survey been performed on the project area? [help] a If Yes, attach it to your JARPA package. El Yes No 6-011 Page 12 of 15 Name each species listed under the federal Endangered Species Act that occurs in the vicinity of the project area or might be affected by the proposed work. [Moi American Bald Eagles are reported to nest on Brown Island in Friday Harbor. The habitat is some distance from the subject property. 9m. Name each species or habitat on the Washington Department of Fish and Wildlife?s Priority Habitats and Species List that might be affected by the proposed work. [helg] NA ORIA-16-011 Page 13 0f 15 Part Compliance and Permits Use the resources and checklist below to identify the permits you are applying for. - Online Project Questionnaire at - Governor?s Office for Regulatory Innovation and Assistance at (800) 917-0043 or help@oria.wa.gov. . For a list of addresses to send your JARPA to, click on agency addresses for completed JARPA. 10a. Compliance with the State Environmental Policy Act (SEPA). (Check all that apply.) For more information about SEPA, go to A copy of the SEPA determination or letter of exemption is included with this application. A SEPA determination is pending with City of Friday Harbor (lead agency). The expected decision date is unknown . El I am applying for a Fish Habitat Enhancement Exemption. (Check the box below in 10b.) [help] El This project is exempt (choose type of exemption below). Categorical Exemption. Under what section of the SEPA administrative code (WAC) is it exempt? El Other: El SEPA is pre-empted by federal law. 10b. Indicate the permits you are applying for. (Check all that apply.) [help] LOCAL GOVERNMENT Local Government Shoreline permits: Substantial Development El Conditional Use El Variance El Shoreline Exemption Type (explain): Other City/County permits: El Floodplain Development Permit El Critical Areas Ordinance STATE GOVERNMENT Washington Department of Fish and Wildlife: Hydraulic Project Approval (HPA) El Fish Habitat Enhancement Exemption Attach Exemption Form Washington Department of Natural Resources: Aquatic Use Authorization Do not send cash. Complete JARPA Attachment and submit a check for $25 payable to the Washington Department of Natural Resources. Washington Department of Ecology: l3 Section 401 Water Quality Certification FEDERAL GOVERNMENT United States Department of the Army permits (U.S. Army Corps of Engineers): CI Section 404 (discharges into waters of the US.) Section 10 (work in navigable waters) United States Coast Guard permits: General Bridge Act Permit El Private Aids to Navigation (for non-bridge projects) Page 14 of 15 Part 11?Authorizing Signatures Signatures are required before submitting the JARPA package. The JARPA package includes the JARPA form, project plans, photos, etc. [help] 11a. Applicant Signature (required) [help] I certify that to the best of my knowledge and belief, the information provided in this application is true, complete, and accurate. I also certify that have the authority to carry out the proposed activities, and I agree to start work only after I have received all necessary permits. I hereby authori agent named in Part 3 of this application to act on my behalf in matters related to this application. (initial) By initialing here, state that have the authority to grant access to the property. I also give my consent to the permitting agencies enteri c; @operty where project i ocated to inspect the project site or any work related to the project. I (initial) Carl F. Pirscher 1?07?1 8 Applicant Printed Name Applir?nt Signam Date 11b. Authorized Agent Signature [help] I certify that to the best of my knowledge and belief, the information provided in this application is true, complete, and accurate. I also certify that have the authority to carry out the proposed activities and I agree to start work only after all necessary permits have been issued. Wally Trace 2 - A g; Authorized Agent Printed Name AuthofiwAgent Signature Date 11c. Property Owner Signature (if not applicant) [help] Not required if project is on existing rights-of?way or easements (provide copy of easement with JARPA). consent to the permitting agencies entering the property where the project is located to inspect the project site or any work. These inspections shall occur at reasonable times and, if practical, with prior notice to the landowner. Tami Roble Property Owner Printed Name Property Owner Signature Date 18 U.S.C ?1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly falsi?es. conceals, or covers up by any trick, scheme, or device a material fact or makes any false, ?ctitious, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, ?ctitious, or fraudulent statement or entry, shall be ?ned not more than $10,000 or imprisoned not more than 5 years or both. If you require this document in another format, contact the Governor?s Of?ce for Regulatory Innovation and Assistance (ORIA) at (800) 917-0043. People with hearing loss can call 711 for Washington Relay Service. People with a speech disability can call (877) 833- 6341. ORIA publication number: rev. 07/2017 Page 15 of 15 gown of Friday Harbor 8 Finance Of?ce JAN 22 2013 Letter of Authorization RECEH VED l, Tami Rable, Executor of The Beatrice Carpenter Estate that have signed and accepted a purchase and sale agreement with Walter Trace dated July 25, 2017 for Tax Parcel 3551150001 and 3551150003. I, Tami Rable grant Walter Trace authority to submit Development Plans for said parcels. Mr. Trace is responsible for all costs associated with this entitlement process. Sincerely (jar/M 274ng ORIGINAL 11/13/15 std Title 19 Attachment 2 to Title 19 Shoreline View Corridors Map N E . G F.H NIN . AN PT PL DE W S AR W Town of Friday Harbor FIRST ST T:\FastCAD750Maps\std\2015\ShoreView2015a.FC7 EAST STREET STREET SPRING ST COURT ST. WEST ST FRONT SS BA ST HA RR ON IS Shoreline Master Plan AY W 01 04 02 05 13 06 11 10 14 09 15 12 08 07 03 16 PIRSCHER ARCHITECTS A-1.1 THE MOBY AT FRIDAY HARBOR 196 & 240 FIRST STREET N. HISTORIC PRESERVATION REVIEW 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 PIRSCHER ARCHITECTS A-1.2 16 THE MOBY AT FRIDAY HARBOR 196 & 240 FIRST STREET N. HISTORIC PRESERVATION REVIEW PIRSCHER ARCHITECTS A-1.3 THE MOBY AT FRIDAY HARBOR 196 & 240 FIRST STREET N. HISTORIC PRESERVATION REVIEW PIRSCHER ARCHITECTS A-2.1 THE MOBY AT FRIDAY HARBOR 196 & 240 FIRST STREET N. HISTORIC PRESERVATION REVIEW PIRSCHER ARCHITECTS A-2.2 THE MOBY AT FRIDAY HARBOR 196 & 240 FIRST STREET N. HISTORIC PRESERVATION REVIEW PIRSCHER ARCHITECTS A-2.3 THE MOBY AT FRIDAY HARBOR 196 & 240 FIRST STREET N. HISTORIC PRESERVATION REVIEW PIRSCHER ARCHITECTS A-2.4 THE MOBY AT FRIDAY HARBOR 196 & 240 FIRST STREET N. HISTORIC PRESERVATION REVIEW THE MOBY PIRSCHER ARCHITECTS A-5.1 b is t r o THE MOBY AT FRIDAY HARBOR 196 & 240 FIRST STREET N. HISTORIC PRESERVATION REVIEW PIRSCHER ARCHITECTS A-5.2 THE MOBY AT FRIDAY HARBOR 196 & 240 FIRST STREET N. HISTORIC PRESERVATION REVIEW