Regular Public Meeting Agenda 03/28/23

Arne Mortensen, Commissioner District 1

Dennis Weber, Commissioner District 2

Richard R. Dahl, Commissioner District 3

Kelly Dombrowsky, Clerk of the Board

Regular Public Meeting

March 2 8 , 202 3 , 9:00 a.m.

Board Meeting Convenes at 9:00 a.m.

 Pledge of Allegiance

 Minutes of March 20-22, 2023

 Consent Agenda of March 28, 2023

 Motion Items

 Closed Record Hearings

 Bid Openings

 Public Comments

ZOOM Link KLTV Link

Phone Option: (253) 215-8782

Webinar ID: 820 1961 3917 www.kltv.org

o Citizen Participation may be anonymous. See RCW 42.30.040

Consent Agenda

Agreements/Contracts/Bid Awards

1. Local Agency Standard Consultant Supplemental Agreement No. 1 approval with Parametrix, Inc. for General Civil Engineering Services to extend the term to December 31, 2024 and increasing the maximum amount payable from $200,000 to $500,000.

2. Local Agency Standard Consultant Supplemental Agreement No. 1 approval with PBS Engineering and Environmental, Inc. for General Civil Engineering Services to extend the term of the original agreement to December 31, 2024 and increasing the maximum amount payable from $200,000 to $500,000.

3. 2022 Annual Certification and Digital Submittal Certification execution approval for the County Road Administration Board (CRAB) for the Annual Construction Report for 2022, the County Arterial Preservation Report for 2022, Fish Passage Barrier Removal Certification and the Maintenance Management Certification for 2022.

Regular Public Meeting

March 28, 2023, 9:00 a.m.

Board Correspondence

4. Letters/Notices

a. FERC Notice 3/16/2023 regarding 2022 Updates to Public Safety Plans, Multiple Projects

b. FERC Order 3/14/2023 Order Approving Yale/International Paper Road Trail Alternative Plan.

c. Affidavit of Posting Resume for the Month of February 2023.

Vouchers

The following vouchers/warrants are approved for payment:

Motion Items

Commissioners’ Office

5. Edited Letter to Cynthia Brown of the Section of Administration regarding Docket No. AB-1244X, Columbia & Cowlitz, LLC – Abandonment Exemption.

Closed Record Hearing

Building & Planning Department

6. 10:00 a.m. - Preliminary Plat for Silver Lake Village III, a 26-lot Urban subdivision Case No. 2270.01

Only parties of record are allowed to comment on the hearing at stake

Regular Public Meeting

March 28, 2023, 9:00 a.m.

Citizen Comments - Citizen participation may be anonymous. See RCW 42.30.040

Bid Openings

Conducted by the Clerk of the Board after Board Meeting is adjourned. Bids will not be accepted after 11:00 a.m. Public Works

7. Twenty-eight (28) 100’ X 200’ Scrim Reinforced Polyethylene Geomembrane

RCW 42.30.040 - Conditions to attendance not to be required. A member of the public shall not be required, as a condition to attendance at a meeting of a governing body, to register his or her name and other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance. People may remain anonymous when logging on to Zoom by creating any name and email of their choosing. In a meeting, public comment will be received, either or both, orally (raise hand in Zoom or use *9 on phone) and by writing. Note: Written comments may be sent to the Board at any time. For oral presentations, the Board may set a time for comments and speakers.

All matters listed with the Consent Agenda were previously distributed to each Board Member for reading and study, were available for public viewing, are considered items of regular County business, and will be approved, without separate discussion, by one motion of the Board of County Commissioners. An item may be removed from the Consent Agenda and placed on the Regular Agenda for separate discussion and voting at the request of any Board Member.

The Board of Commissioners may add and take action on other items not listed on this Agenda.

 Agenda Online Address: https://www.co.cowlitz.wa.us/535/Agendas---Regular-Public-Meetings

 ZOOM Invitation Address:

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 KLTV Live Feed Address: http://www.kltv.org

AS-12707 A. 1.

BOCC Agenda

Meeting Date: 03/28/2023

AGREEMENT - Supplemental Agreement No. 1 - General Civil Engineering Services - Parametrix, Inc.

Submitted For: Susan Eugenis, Public Works

Submitted By: Carol Sides, Public Works Department: Public Works

Information

Subject and Summary Statement

Attached is Supplemental Agreement No. 1 to the Local Agency Standard Consultant Agreement with Parametrix, Inc. for General Civil Engineering Services.  Supplemental Agreement No. 1 is issued for the purpose of extending the term of the original agreement to December 31, 2024 and increasing the maximum amount payable from $200,000 to $500,000.

Will Staff Attend - NAME OF STAFF or No

Yes

Department Recommendation

It is the recommendation of the Department of Public Works that the Board move to approve Supplemental Agreement No. 1 to the Local Agency Standard Consultant Agreement with Parametrix, Inc. and authorize the agreement to be executed.

Fiscal Impact

Expenditure Required $: 300,000

Budget Sufficient Y-N: Y

Amendment Required Y-N: N

Source of Funds - What Dept ? : Roads

Grant Y-N:

Supplemental Agreement No. 1  Local Agency Agreement

Attachments

Form Started By: Carol Sides

Form Review

AS-12708

BOCC Agenda

Meeting Date: 03/28/2023

AGREEMENT - Supplemental Agreement No. 1 - General Civil Engineering Services - PBS Engineering and Environmental, Inc.

Submitted For: Susan Eugenis, Public Works

Submitted By: Carol Sides, Public Works Department: Public Works

Information

Subject and Summary Statement

Attached is Supplemental Agreement No. 1 to the Local Agency Standard Consultant Agreement with PBS Engineering and Environmental, Inc. for General Civil Engineering Services.  Supplemental Agreement No. 1 is issued for the purpose of extending the term of the original agreement to December 31, 2024 and increasing the maximum amount payable from $200,000 to $500,000.

Will Staff Attend - NAME OF STAFF or No

Yes

Department Recommendation

It is the recommendation of the Department of Public Works that the Board move to approve Supplemental Agreement No. 1 to the Local Agency Standard Consultant Agreement with PBS Engineering and Environmental, Inc. and authorize the agreement to be executed.

Fiscal Impact

Expenditure Required $: 300,000

Budget Sufficient Y-N: Y

Amendment Required Y-N: N

Source of Funds - What Dept ? : Roads

Grant Y-N:

Supplemental Agreement No. 1  Local Agency Consultant Agreement

Attachments

Form Started By: Carol Sides

Form Review

BOCC Agenda

Meeting Date: 03/28/2023

DIGITAL SUBMITTAL CERTIFICATION - County Road Administration Board

Submitted For: Susan Eugenis, Public Works

Department: Public Works

Submitted By: Carol Sides, Public Works

Information

Subject and Summary Statement

Attached is a Digital Submittal Certification for the County Road Administration Board (CRAB), which requires BOCC approval for the 2022 Annual Certification.

There was no diversion of road levy, so that certification is not necessary and is not included in the report submittal to CRAB.

The Digital Submittal Certification also requires certification by the County Engineer for the Annual Construction Report for 2022, the County Arterial Preservation Report for 2022, Fish Passage Barrier Removal Certification and the Maintenance Management Certification for 2022. The Department of Public Works has completed these reports, as well.

Will Staff Attend - NAME OF STAFF or No Yes

Department Recommendation

It is the recommendation of the Department of Public Works that the Board move to approve the Annual Certification 2022, as required by CRAB and approve execution of the Digital Submittal Certification.

Approved:_____________________

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Dennis P. Weber, Chairman

Arne Mortensen, Commissioner

Richard R. Dahl, Commissioner

Attest:______________________ Clerk of the Board

Attachments

Digital Submittal Certification Form Signed

Form Review

AS-12711

BOCC Agenda

Meeting Date: 03/28/2023

Consent A. 4. a.

FERC Notice dated 3/16/2023 2022 Updates to Public Safety Plans, Multiple Projects

Submitted For: Kelly Dombrowsky, Clerk of the Board

Submitted By: Kelly Dombrowsky, Clerk of the Board

Department: Commissioners Office

Information

Subject and Summary Statement

FERC Notice 3/16/2023 regarding 2022 Updates to Public Safety Plans, Multiple Projects

Will Staff Attend - NAME OF STAFF

Department Recommendation

Attachments

FERC Notice

Form Started By: Kelly Dombrowsky

Final Approval Date: 03/21/2023

Form Review

Started On: 03/21/2023 12:04 PM

AS-12712

BOCC Agenda

Meeting Date: 03/28/2023

Consent A. 4. b.

FERC Notice 3/14/2023 Order Approving Yale/International Paper Road Trail Alternative Plan

Submitted For: Kelly Dombrowsky, Clerk of the Board

Submitted By: Kelly Dombrowsky, Clerk of the Board

Department: Commissioners Office

Information

Subject and Summary Statement

FERC Order 3/14/2023 Order Approving Yale/International Paper Road Trail Alternative Plan.

Will Staff Attend - NAME OF STAFF

Department Recommendation

Attachments

FERC Order

Form Started By: Kelly Dombrowsky

Final Approval Date: 03/21/2023

Form Review

Started On: 03/21/2023 12:08 PM

AS-12713

BOCC Agenda

Meeting Date: 03/28/2023

Affidavit of Posting Resume for the Month of February 2023

Submitted For: Kelly Dombrowsky, Clerk of the Board

Submitted By: Kelly Dombrowsky, Clerk of the Board

Department: Commissioners Office

Information

Consent A. 4. c.

Subject and Summary Statement

Affidavit of Posting Resume for the Month of February 2023

Will Staff Attend - NAME OF STAFF

Department Recommendation

Form Started By: Kelly Dombrowsky

Final Approval Date: 03/21/2023

Form Review

Started On: 03/21/2023 12:11 PM

AS-12717

BOCC Agenda

Meeting Date: 03/28/2023

Edited Letter to Cynthia Brown Chief of the Section of Administration

Submitted For: Arne Mortensen, Commissioner

Submitted By: Kelly Dombrowsky, Clerk of the Board

Department: Commissioners Office

Information

Motion Items 5.

Subject and Summary Statement

Edited Letter to Cynthia Brown Chief of the Section of Administration regarding Docket No. AB-1244X, Columbia & Cowlitz Railway, LLC - Abandonment Exemption.

Will Staff Attend - NAME OF STAFF

Department Recommendation

Attachments

Edited Letter

Form Started By: Kelly Dombrowsky

Final Approval Date: 03/24/2023

Form Review

Started On: 03/24/2023 09:15 AM

March 1330, 2023

Ms. Cynthia T. Brown

Chief of the Section of Administration, Office of Proceedings Surface Transportation Board

395 E Street, S.W. Washington, D. C. 20423

RE: Docket No. AB-1244X, Columbia & Cowlitz Railway, LLC Abandonment Exemption in Cowlitz County, Wash.

Dear Ms. Brown:

The Board of County Commissioners of Cowlitz County (BoCC) advises you that the letter dated March 13, 2023 was prematurely sent to you by mistake, That letter was a draft presented by local stakeholders that was prematurely which sent and had yet to be approved by the BoCC and or presentconsidered in a public forum Please use this letter as the correct official statement from the BoCC regarding this matter.

The Board of County Commissioners of Cowlitz County, WA The BoCC (“Cowlitz County”) respectfully requests the Surface Transportation Board (“Board”) to issue a new Notice of Interim Trail Use (“NITU”) in the above-entitled proceeding for the approximately 7-mile rail line between milepost 1.5 at Longview and milepost 8.5 at Ostrander Junction, in Cowlitz County, WA (the “Line”) owned and operated by Columbia & Cowlitz Railway, LLC (“CCRY”)

Cowlitz County recognizes that a NITU was first issued on September 29, 2017, for 180 days1, that the trail use negotiation period was extended a total of 2 years, six months, and two days, as the result of three 180 day extensions,2 one two day extension3, and one one-year extension.4 At the end of the one year extension, negotiations ended and the NITU terminated.

CCRY has not consummated the abandonment. Nor has it complied with the seven environmental and historic conditions imposed on the abandonment.5

1 Docket No. 1244X, Columbia & Cowlitz Railway, LLC -Abandonment Exemption-in Cowlitz County, Wash. (served September 29, 2017).

2 Docket No. 1244X, Columbia & Cowlitz Railway, LLC -Abandonment Exemption-in Cowlitz County, Wash. (served April 11, 2018), Docket No. 1244X, Columbia & Cowlitz Railway, LLC -Abandonment Exemption-in Cowlitz County, Wash. (served April 23, 2019), and Docket No. 1244X, Columbia & Cowlitz Railway, LLCAbandonment Exemption-in Cowlitz County, Wash. (served December 16, 2019)

3 Docket No. 1244X, Columbia & Cowlitz Railway, LLC -Abandonment Exemption-in Cowlitz County, Wash. (served March 20, 2019).

4 Docket No. 1244X, Columbia & Cowlitz Railway, LLC -Abandonment Exemption-in Cowlitz County, Wash. (served May 15, 2021).

5 See Docket No. 1244X, Columbia & Cowlitz Railway, LLC -Abandonment Exemption-in Cowlitz County, Wash. (served September 29, 2017).

After the NITU terminated in this proceeding, the Board adopted rules limiting trail use to an initial period of one year with no more than three one-year extensions 6 To date, the Line has been subject to trail use for an initial period of 180 days and extensions of two years, six months and two days. Cowlitz County requests the issuance of a new NITU for one-year less two days to bring the total negotiating period to four years within the time frame permitted by the 49 CFR 1152.29(d)(1)(ii).

Ms. Cynthia T. Brown

March 1330, 2023

Page 2

However, if the Board determines that Cowlitz County does not qualify for the four years of negotiations, we assert that there are extraordinary circumstances as recognized by the Board.

At the time the original NITU expired, Cowlitz County did not have funding in place to acquire the Line. Arranging for funding was disrupted by the unprecedented Covid-19 pandemic. As a result of the pandemic, Cowlitz County was required to redirect its resources. Now, Cowlitz County has arranged for the funding of the acquisition of the Line for trail use.7 [IS THERE A DOCUMENT AUTHORIZING FUNDING – LEGISLATION, GRANT, OR SOMETHING ELSE THAT WE CAN REFER TO AND PROVIDE?] CCRY has been advised that CCRY consents to finalizing negotiations and transferring the Line to Cowlitz County for trail use. Cowlitz County anticipates CCRY filing its concurrence with this request shortly.

Since the NITU has expired, Cowlitz County requests the Board to issue a new NITU for the Line and provides the following Statement of Willingness to Assume Financial Responsibility pursuant to 49 CFR 1152.29(a)

In order to establish interim trail use and rail banking under 16 U.S.C. 1247(d) and 49 CFR 1152.29 with respect to the right-of-way owned by Columbia & Cowlitz Railway, LLC (“CCRY”) and operated by Columbia & Cowlitz Railway, LLC, the Board of County Commissioners of Cowlitz County, WA (Cowlitz County”) is willing to assume full responsibility for: (1) Managing the right-of-way, (2) any legal liability arising out of the transfer or use of the right-of-way (unless the sponsor is immune from liability, in which case it need only indemnify the railroad against any potential liability), and (3) the payment of any and all taxes that may be levied or assessed against the right of way. The property, known as the Line, extends from railroad milepost 1.5 at Longview to milepost 8.5 at Ostrander Junction, in Cowlitz County, WA. The right-of-way is the line of railroad proposed for abandonment in Docket No. STB AB 1244X. A map of the property depicting the right-of-way is attached.

Cowlitz County acknowledges that use of the right-of-way is subject to the sponsor's continuing to meet its responsibilities described above and subject to possible future

6 Docket No. EP 749 (Sub-No. 1), Limiting Extensions of Trail Use Negotiating Periods (served December 4, 2019).

7 Extraordinary circumstances might include specific evidence that necessary funding is imminent. Docket No. EP 749 (Sub-No. 1), Limiting Extensions of Trail Use Negotiating Periods (served December 4, 2019), at 10-11.

Commented [AM1]: What resolution was this?

Commented [JD2R1]: "Surface Transportation Board (“Board”)" from first page.

reconstruction and reactivation of the right-of-way for rail service. A copy of this statement is being served on the railroad(s) on the same date it is being served on the Board.

As a local government entity, Cowlitz County requests waiver of the filing fee pursuant to 49 CFR 1002.2(e)(1). I certify that I have served all parties of record.

Please contact me if you have any questions.

Ms. Cynthia T. Brown

March 1330, 2023

Page 3

Respectfully submitted, Board of County Commissioners Of Cowlitz County, Washington

Dennis Weber, Chairperson

Attachment: Map

AS-12710

BOCC Agenda

Meeting Date: 03/28/2023

Closed Record Hearing Silver Lake Village III

Submitted For: Greta Holmstrom

Department: Building & Planning

Information

Timed Items 6.

Subject and Summary Statement

Closed-Record Quasi-Judicial Hearing for Silver Lake Village III - a 26-lot Urban Subdivision, Case No. 2270.01

Will Staff Attend - NAME OF STAFF

Daniel Turner, Traci Jackson

Department Recommendation

Staff recommends the approval of Case No. 2270.01, based upon the findings and the conclusions in the staff report dated January 31, 2023.

Attachments

Agenda Summary

Planning Commission Minutes  Staff Report

Exhibit A - Application / Narrative

Exhibit B - Preliminary Plat

Exhibit C - Maps

Exhibit D - SEPA Determination

Exhibit E - Comments Received

Exhibit F - Applicant Response to Comments

Exhibit G - Bank Use Plan and Critical Areas Report

Exhibit H - Site Access Analysis

Exhibit I - Preliminary Stormwater Study

Form Review

Form Started By: holmstromg Started On: 03/21/2023 11:53 AM

Final Approval Date: 03/21/2023

AGENDA SUMMARY

To: The Board of County Commissioners

From: Daniel Turner, Senior Community Planner

Agenda Item No.:

Dept. of Origin: Building & Planning

Date Submitted: March 21, 2023

For Agenda of: March 28, 2023

Expenditure Required: N/A Silver Lake Village III, a 26-lot Urban subdivision Case No. 2270.01

Re: Public Hearing – Preliminary Plat for

Closed Record - Quasi-Judicial Hearing

Attending: Staff

List of Exhibits: Staff Report with Application Attachments and Conditions of Approval, Planning Commission Minutes

Project Description: Preliminary Plat approval for Silver Lake Village III, a 26-lot Urban Subdivision on approximately 11.75 acres. The proposed lots are approximately 6,000 square feet in size, and will be accessed by new public road improvements within the subdivision. The proposed lots will utilize public water and sanitary sewer

Project Location: The property is located 6.5 miles northeast of the City of Castle Rock, at 400 Hall Rd, Silver Lake; within NW ¼ of Section 36, Township 10 North, Range 1 West, Willamette Meridian.

Department Recommendation: Staff recommends the approval of Case No. 2270.01, based upon the findings and the conclusions in the staff report dated January 31, 2023

Planning Commission Action and Recommendation: The Cowlitz County Planning Commission held a quasi-judicial, open record public hearing on February 15, 2023. Minutes ofthe open-record hearing are included in this transmittal. The Planning Commission unanimously recommended approval of the Urban Subdivision with staff recommendations including approval of the waiver from the standard 10’ side yard setback to a reduced minimum 5’ side yard setback.

Cowlitz County Planning Commission

Cowlitz County Administration Building – Kelso, WA

Minutes

Wednesday, February 15, 2023

Meeting held in person and via ZOOM.US

https://zoom.us/j/92778554082?pwd=OElUcW5TSzNFdlNMb291S2VEakpTQT09

6:30 pm: CALL TO ORDER: Chair Mark Smith called the meeting to order.

1. SPECIAL MEETING – FLOOD HAZARD MANAGEMENT PLAN PRESENTATION:

Introduction of Rob Flaner (Tetra-Tech) and Christina Wollman (Perteet). Presentation by Rob Flaner regarding the Open House and work being done on the Comprehensive Flood Hazard Management Plan.

Recess

7:07 pm: Meeting Reconvened

2. ROLL CALL:

PLANNING COMMISSIONERS PRESENT:

In Person: Chair – Mark Smith, C. Phill Hall, Joel Rupley, Robert Sudar, Jim Bain

Remote via Zoom: Greg Hoffman, Matt Peters

Absent – Excused: Erica Rodman, Mary Jane Melink

STAFF PRESENT: Adam Trimble – Senior Planner, Daniel Turner – Senior Planner, Paul Morin –Associate Planner, Laura Gressett – Assistant Planner & Planning Commission Secretary, Kailey Maxey – Admin Assistant, and Patrick Harbison P.E. – PW Diking Engineer

CHANGES TO AGENDA: None

CORRESPONDENCE: None

3. APPROVAL OF MINUTES: Minutes from January 18, 2023 meeting reviewed. Additional text to be added: Consideration towards mailing notification to residents about projects in the workshop phase. Motion to approve by Commissioner Bain, second by Commissioner Sudar All in favor. Motion carried.

4. Election of Officers:

Chair Smith opened the floor for nominations.

Commissioner Bain nominated Mark Smith for Chair. No other nominations received. All in favor. Motion carried. Commissioner Bain nominated Robert Sudar as Vice Chair. No other nominations received. All in favor. Motion carried.

5. PUBLIC HEARING (action): Silver Lake Village Phase 3 Urban Subdivision, Silverlake

Commissioner Sudar declared he has visited the site of the proposed development.

Commissioner Bain stated that he has worked for the developer in the past, but not on this project. Noted that he will abstain from a vote on this project.

Associate Planner, Paul Morin, presented staff report for the Silver Lake Village Phase 3 Urban Subdivision 2270.01 a proposed 26-lot subdivision on 11.75 acres on east side of Hall Road, Silverlake. Staff recommended approval of Silver Lake Village Phase 3 Urban Subdivision.

Presentation from applicant: Nick Little, Chilton Development Services. Noted he would answer questions following Public Comment

Public Comment:

David Mundale, Timberline Acres Rd. Castle Rock: Concern about junction of Si Town & Spirit Lake Road. Concerned about additional development further Spirit Lake Hwy.

Lisa Lidorikiotis, Streeter Rd. Silver Lake: Read a statement of concern for Silver Lake water quality, wetlands, utilizing Voluntary Stewardship Program, and land. Feels Subdivision should not be approved.

Doug Heitz, Zephyr Drive, Silver Lake: Lives in Silver Lake Village 1. Has lived in area with 5’ set backs, doesn’t feel that is a problem. Many residents in phase 1 have smaller families. Two story homes have a greater impact to schools and use of water/sewer. Commissioner Sudar asked about 5’ setbacks, and the bioswales. Mr. Heights stated that 5 foot set backs are just fine for the area and the bioswales (retention ponds) fill with water as needed.

John Tanner, Zephyr Dr. Silver Lake: Phase I subdivision, says that it is a nice cross section of people /age groups. If more two-story homes are built – seniors won’t want to live there. Likes the HOA. The lot for phase III is already cleared. Would like to see development similar to Phase I.

Anthony Fana, Hall Rd. Silver Lake: Directly impacted by subdivision of Phase III. Area has high traffic and is already a problem. Concern for wetlands and animal habitat. Concern of sewer odor in the area. Says Toutle Lake school is overloaded now.

Jim Hawkes, Kerr Rd. Silverlake: Question about the modification for subdivision 10 foot set back to 5 foot set back. Concern that total distance of 10’ may not be enough for fire safety with two story homes. Concern about who will maintain the bioswale. Comment about Public Hearing and if it deters development.

Stan DeGreeve, Westside Hwy. Castle Rock: Question about wetland area. Concern for soil quality and water quality of Silver Lake. Concern for mitigations for wetland issues and impacts to wildlife

Nick Little, Chilton Development Services

• The owner designed development for continuity and design options. Single story homes are smaller. Two story homes have more square footage and cater to a larger families and larger homes.

• The 5 foot set-backs are typical for this size lot with fire coverage

• The culverts needed for water passage and habitat will be determined by County Public Works, Army Corp of Engineers, Ecology. Developer will comply with recommendations.

• Noted that only about ¾ of an acre of the wetland is being disturbed to account for secondary road.

Public Comment Period Closed.

Motion for approval of Urban Subdivision Silver Lake Urban Subdivision Phase 3 #2270.01 Commissioner Sudar – Moved to approved. Second by Commissioner Rupley.

Commissioners Polled:

Hall – yes, Rupley – yes, Bain – abstain, Sudar – yes, Peters – no, Hoffman – yes, Smith – yes Approved 5/1 with 1 abstained. Motion Carried. To be forwarded to BOCC for adoption.

6. PUBLIC HEARING (action): Ridge View Subdivision, 102 Si Town Rd. Castle Rock

Senior Planner, Daniel Turner, presented staff report for the proposed 11-lot rural subdivision on 27.32 acres (URSD 2270.02) that will include 11 lots and a new private road. Updated narratives and site plans need reviewed.

Staff recommend hearing should be opened for comment, but final review and decision continued to another meeting date.

Commissioner Comments: Hearing is open, agreed with extension.

Public Comment:

David Mundale – Timberline Acres Rd: Concern for small wetland area or seasonal creek in the western portion of the development. Concerned about traffic and the Si Town / Spirit Lake Hwy intersection. Left turn and crossing traffic is concerning.

Brian Zieman – Spirit Lake Hwy: No problem for development. Concern is for traffic, speed limit, and accidents. Believes WSDOT needs to widen the roads as there have been several accidents in that area. The intersection with Si Town is dangerous. WSDOT needs to improve the safety issues.

Jarod Bishop, Ohio St. Longview: Concerned and questioned about single access points. Development is inevitable, perhaps use of secondary roads, or divert some of traffic away from the Highway. Traffic needs to slow down. Would like to see more of an urban street network.

Presentation from applicant

Cody Cumpton, Obsidian Dr. Ariel: The wetland on west side of development is a Type N stream and is included in the SEPA report. Clarified the type of Commercial property has not been determined at this time. Plans to reduce rock knoll on property to improve sight distances. Site pads on plat are noted for potential building site.

Open Record Hearing continued to a future meeting.

7.

WORKSHOP: Public Notice Provisions.

Senior Planner, Adam Trimble, reviewed for continued discussion the public notice requirements for land use proposals

Public Comment:

• Mike Reuter, citizen of Kalama. Observed workshop vs public hearing. Review of opportunities for public to make comments and ways to work out to clarify and reduce negativity. When are the Ground Rules shared with the public? Can public submit only one written comment or multiple?

• Commissioner Bain – should there be a swearing in process. Is there an RCW for this?

• Commissioner Bain – concerned about written comments being sent in so close to meetings and hearings. Not enough time for review. Can this be reviewed for process.

Chair Smith request staff get legal opinion procedures and hearing comments during workshop.

Continued discussion about early notice, department practices, changes to rules and procedures, or law changes. RCW reviews. Can notices be combined with a SEPA decision and/ or other multiple notices. Commission would like to consider code changes or changes to Rules and Procedures.

Commissioner Hoffman noted workshops are good for receiving public information. Would also like to see social media presence and be able to notify more broadly. Workshop to be continued.

8. PUBLIC COMMENT:

• none

9. GOOD OF THE ORDER:

• Commissioner Smith thanked the Planning Commission for election as Chair.

• Spirit Lake Cowlitz River Collaborative March 21 & 22nd at the Cowlitz County EXPO Event Center.

• Commissioner Sudar – Longview Public Library event, Community Listening Session.

10. ADJOURNMENT: Motion made to adjourn by Commissioner Bain, Second by Commissioner Sudar. All in Favor. Meeting adjourned 9:34 pm

Next Planning Commission meeting is scheduled for March 15, 2023, at 7:00 pm. In-Person & ZOOM

Respectfully submitted, Laura Gressett

Planning Commission Secretary Assistant Policy & Outreach Planner

PLANNING STAFF REPORT

TO: Cowlitz County Planning Commission

FROM: Paul Morin, Associate Planner

MEETING DATE: February 15, 2023

AGENDA ITEM NO.: 1

RE: Case No. 2270.01 - Preliminary Urban Subdivision REPORT DATE: January 31, 2023

Silver Lake Village 3

Quasi-Judicial Open Record Public Hearing

Public Hearing Objective:

1) Inquire into the public use and interest proposed to be served by the urban subdivision

2) Determine if the proposal is in conformance with Cowlitz County codes and consistent with the Comprehensive Plan

Property Owner:

Applicant:

Project Abstract:

Bradley Thomas, Universal Builders, Materials, Trading and Holding Inc.

Nick Little, Chilton Development Service

Silver Lake Village 3, preliminary urban subdivision, to create twenty six (26) residential lots south of Silver Lake Village 2 Lots sized approximately 6,000 square feet, will access new public roadways, utilize public water and sewer, and stormwater treatment.

Location:

400 Hall Road, Silverlake (WG3609007), within the NW ¼ of Section 36, Township 10 North, Range 1 West, Willamette Meridian, approximately 6.5 miles northeast of the City of Castle Rock

Acreage:

Existing Zoning

Existing Land Use:

Surrounding Land Uses:

11.75 acres

Unzoned (UZ)

Undeveloped Urban Residential, wetlands

North: Urban Residential

East: Undeveloped Forest Lands

South: Undeveloped Urban Residential

West: Hall Road, Urban Residential

Comprehensive Plan:

Recommendation:

Urban

Approval of Case No. 2270.01, based on the findings and subject to the conclusions of approval stated in the planning staff report dated January 25, 2023

A. APPLICATION PROCESSING & PUBLIC NOTICE

The subject application is processed as a preliminary urban subdivision plat, pursuant to Cowlitz County Urban Subdivision Code CCC 18.32. The request for preliminary plat is heard as a quasi-judicial matter at an open-record public hearing in front of the Planning Commission. The Commission shall consider all relevant evidence and determine the conformance of the proposed subdivision to the general purposes of this title, the comprehensive plan, zoning standards, specifications and policies of the County, and to inquire into the public use and interest proposed to be served by the subdivision and/or dedication. The Commission may continue any hearing until the limits allowed by law (CCC18.32.480). Within 14 calendar days of a decision by the Planning Commission, the Commission will forward its written report, findings of fact and recommendations to the Board of Commissioners. The Board holds a closed-record public hearing to approve, approve with conditions, or deny the application.

Public notice is required pursuant to CCC 18.32.500-510 and RCW 58.17.90. Notice of the proposal was advertised in the Daily News on February 1, 2023. Written notice to individual property owners within 300 feet of the subject property was provided on January 25, 2023. The Department posted notice of the application in conspicuous locations on and near the subject property on January 25, 2023 Each of the notices contained the time, date, place, and location of the public hearing and a description of the nature of the request. The record of landowners that received written notice is on file with the Department of Building and Planning.

B. APPLICABLE COUNTY PLANNING CODES

a. Land Use & Development Code CCC 18.10

b. Urban Subdivision Code CCC 18.32

c. Critical Areas Ordinance CCC 19.15

d. Environmental Policy CCC 19.11

e. Historic Preservation CCC 18.80

f. Comprehensive Plan

C. BACKGROUND AND PROJECT PROPOSAL

a. Background. The subject property consists of one (1) tax lots totaling approximately 11.75 acres. The site is presently undeveloped and vacant, with the intent of preparing the site for future residential development.

b. Project Proposal. The proposal includes the creation of 26 single family residential building lots each approximately 6,000 square feet in size. Each of the proposed lots will utilize public water, public sewer system, development of a new public roadway connecting to Hall Rd, and the expansion of internal County roadway Trevor Lane, with curbs, gutters, sidewalks, and streetlights. Stormwater improvements will also be provided.

D. CRITICAL AREAS AND ENVIRONMENTAL POLICY

The Growth Management Act requires Cowlitz County to designate critical areas and adopt development regulations to assure the conservation of such areas. In compliance with this mandate, the County finds that certain portions of the County have been identified with critical areas. These areas include: wetlands, aquifer recharge areas, geologically hazardous areas, fish and wildlife habitat, and frequently flooded areas. Critical area identification and development standards can be found in CCC 19.15.

1. Slope Stability

According the County’s critical areas maps and site visits, the project site is stable.

2. Wetlands and Wetland Buffers

According to the County’s critical areas maps, portions of the parcels are within wetlands and wetland buffers. On July 6, 2020, a Critical Areas Report was prepared for this project and Silver Lake Village Phase II by Loowit Consulting Group (Loowit) identifying two depressional wetlands (A & B) containing intermittent forests, brush, and grasslands located to the northeast and to the west.

Wetland B is approximately 10 acres in size and includes area outside of applicant’s ownership. The proposed project will provide wetland mitigation and banking for the impact of the proposed access road on wetland B. The wetland rating system utilized, Washington State Wetland Rating System for Western Washington (2014), incorporates the potential land use levels of impact, water quality functions, and buffer widths to protect habitat. Both wetlands were rated Category III wetlands due to the moderate level of functions with a habitat score of 7 points. The proposed use is considered a high intensity use; therefore, the required standard buffer width is 150 feet. Cowlitz County Code 19.15.120.(B), contains a buffer width flexibility option when appropriate mitigation is provided. The applicant proposes a 110 foot buffer for the wetlands and mitigation will be conditioned with the critical areas permit.

Additionally, the proposed project involves the construction of a two-lane asphalted road into the subject parcel by way of Hall Rd, a County roadway. The proposed site access road has been designed to align with Stout Rd., west of the subject site. A “Bank Use Plan for Silver Lake Village Phase III Road Access Silverlake, Washington” dated June 6, 2022 by Loowit Consulting Group, LLC, has been prepared in response to wetland mitigation of wetland B. Installation of a required site access road will result in the unavoidable permanent impact to 14,850 sq ft of Wetland “B”. Another 5,210 sq ft of wetland will be indirectly impacted from installation of the site access road. Approximately 3,613 sq ft of wetland buffer will also be permanently impacted by the road installation. The applicant has proposed the purchase of enough bank credits to mitigate for direct impacts to wetlands and buffers. Indirect impacts will be mitigated by enhancing Wetland “B” with the installation of native trees and shrubs.

a. Wetland Buffers

The wetland protection and buffering provisions of the Critical Areas Ordinance apply to the wetlands on site. Buffers are required for all regulated wetlands based on water quality and habitat functions. The applicant’s biologist has indicated that a 110 foot buffer would protect the necessary functions and habitat of the wetlands. A buffer of 110 feet would comply with the minimum standards required of the Critical Areas Ordinance for development within these areas if measures to minimize impacts to wetlands from adjacent uses is implemented and no net-loss of ecological function is proven.

b. Demarcation of Wetland Buffers

Care must be taken to avoid removal of native plants and trees within wetlands and their buffers. Development activities should avoid encroachment into wetlands and its buffers. Wetland buffer boundaries must be demarcated in the field to protect these areas from encroachment, and staff has included a condition to this effect.

c. Erosion

Plants and trees surrounding the wetlands currently protect the site adequately from erosion. An engineered erosion control plan should still be required and implemented due to the small sizes of the parcels and to protect disturbed soils from infiltrating storm drains.

d. Silver Lake Protection

Silver Lake is located over 500 feet from the project site. Potential sources of pollutants such as pesticides, fertilizers, and herbicides can contribute to the destruction of wetland areas and damage the health of Silver Lake. Although wetlands will receive runoff from stormwater, it must be treated before discharge to the wetlands. The proposal will provide that stormwater treatment will occur outside wetlands and wetland buffer areas, prior to overland flow through bioswales into wetland areas.

E. SHORELINE JURISDICTION

All proposed developments in or adjacent to state shorelines must be consistent with the goals, policies, and regulations of the Shoreline Master Program (SMP) and the Shoreline Management Act (RCW 90.58).

Findings: The subject parcel lies outside the jurisdictional area of Silver Lake, a Shoreline Lake of statewide significance, along with wetlands associated with Silver Lake. Specifically, the shoreline environmental designation in the 2018 Shoreline Master Program is Residential. The SMP applies to associated wetlands and lands extending 200 feet in all directions as measured from the ordinary high water mark (OHWM).

Conclusions: A shorelines development permit will not be required for the urban subdivision, since development will be located greater than 200 feet from the OHWM of Silver Lake and is outside of the associated wetlands.

F. HISTORICAL AND CULTURAL RESOURCES

Cowlitz County is tasked with the identification, evaluation, designation, and protection of designated historic and prehistoric resources within the boundaries of Cowlitz County and preserve and rehabilitate eligible historic properties within Cowlitz County for future generations. These development standards can be found in CCC 18.80.

Findings: The project is in an area determined to be at very high risk of containing archeological resources according to the Department of Archeology and Historic Preservation predictive model and the Cowlitz County Historic Preservation Commission. The location of this project near the shores of Silver Lake and associated wetland areas increases the likelihood of finding archeological sites in the project area, and several precontact period archeological sites have been previously recorded in close proximity. Therefore, a professional archeological survey of the project area shall be conducted prior to ground disturbing activities. It is recommended that consultation with the concerned Tribes’ cultural committees and staff regarding cultural resource issues be initiated.

Conclusions: A condition of approval will require submittal of a professional archeological survey of the project area, subject to review and approval of the Cowlitz County Building and Planning Department.

G. STATE ENVIRONMENTAL POLICY ACT (SEPA)

A SEPA Determination of Non-Significance (DNS) was issued on October 12, 2022 The SEPA comment period ended October 26, 2022 (Exhibit D) Agency comments were received and are attached (Exhibit E). Compliance with the State Environmental Policy Act has been achieved.

H. ZONING CLASSIFICATION

The site is zoned Unzoned (UZ). The UZ zoning designation allows for all uses which have not been declared a nuisance by statute, resolution, ordinance or court of competent jurisdiction. Minimum lot size is directed by the Comprehensive Plan. In this case, the Comprehensive Plan classification is “Urban”, which has a minimum lot size of 6,000 square feet, or larger if needed to accommodate onsite sewage disposal. Various performance standards and requirements are listed in sections CCC 18.10.500 through 18.10.690.The proposed project meets applicable zoning standards.

I. COMPREHENSIVE PLAN

The Cowlitz County Comprehensive Plan currently designates the project area as Urban. The proposed subdivision is consistent with Goals 1 - 4 found associated within the Urban Classification:

Goal LU-1: Support concentrated growth within or adjacent to existing communities where public facilities and services exist or can be extended in a cost-effective manner.

Goal LU-2: Provide for a variety of compact, urban-scale development types offering diverse employment opportunities, a range of residential densities and housing types, public services and recreation opportunities.

Goal LU-3: Ensure that development within Urban areas has satisfactory related infrastructure and urban level service.

Goal LU-4: Encourage economic development.

Findings: The subject site is in an area served by, or intended to be served in the future with, urban services. Existing residential development make up the surrounding neighborhood, which is within reasonable vehicular and bicycle commuting distance of employment center to the west in Castle Rock. Utilities, fire protection, and recreation opportunities exist.

J. URBAN SUBDIVISION AND LAND USE ORDINANCE

Urban Subdivision Regulations CCC 18.32 and CCC 18.10 apply to the proposed development, as well as RCW 58.17. The code requires urban subdivisions to be located in planned or zoned urban residential areas. Appropriate provisions must also be made for the public’s health, safety and general welfare, open spaces, traffic, safe roads, drainage, sewerage, and student access to schools, school grounds, and other public requirements.

I. Urban Subdivision Standards

1. Lot Size and Width: All Urban Subdivisions shall conform to the Comprehensive Plan, Zoning Code, and other applicable regulations in effect at the time an application is submitted. (CCC 18.32.110) The minimum lot width shall be the same as those widths established pursuant to Chapter 18.10 CCC, or as hereafter amended. (CCC 18.32.180)

Findings: The minimum lot size in unzoned areas designated as Urban in the Comprehensive Plan is 6,000 square feet, with public water and sewer connections. Minimum lot width is 60 feet at the building site. The proposed lots all exceed 6,000 square feet, and 60 feet wide at the building site.

Conclusions: The proposed lots meet the lot size and dimension requirements of the Zoning Code.

2. Road Frontage: Two different code sections apply to road frontage standards: “Each Lot in an urban subdivision shall abut a public road, or a private roadway that was permitted by the county beginning October 25, 1999, or which road was thereafter or permitted by the county, for a distance of no less than 40 feet on a cul-de-sac and/or roadway curve, and no less than 60 feet in all other instances.” (CCC 18.32.190) And: “ All lot or parcels of land less than five acres in area…shall abut upon a publicly developed and maintained road, or on a private roadway that was permitted by the county, for a distance of 25 feet.” (CCC 18.10.690)

Findings: The applicant has provided a preliminary plat that shows all lots meeting the road frontage requirements.

Conclusions: The applicant will need to prepare a final plat that continues to demonstrate conformance with the standards.

3. Access to Public Street: Each Lot in an urban subdivision shall be provided direct access by means of a public right-of-way connecting to an existing and developed public street (CCC 18.32.170).

Findings: The subdivision will be served by an extension of Trevor Lane, an internal county road, along with a new County roadway accessed by existing county roadway, Hall Rd

Conclusions: Since all lots in the subdivision will be provided direct access to the proposed County roadway(s), the proposal meets the requirements for CCC 18.32.170.

4. Setbacks: The front, side, and rear yard setback requirements for all urban subdivisions shall be the same as those established pursuant to Chapter 18.10 CCC, or as hereafter amended. (CCC 18.32.180)

Findings: Front yard setback distance is generally 50 feet from the centerline of the fronting road, or 20 feet from the front property line, whichever is greater. Some exceptions apply, as are outlined in CCC 18.10.505.B. The rear yard setback is 15 feet. The side yard setbacks, required by code to be 10 feet, are proposed to be 5 feet.

Conclusions: Based on the design of the lots, each lot should be able to support a home that meets the required setbacks. However, the applicant petitions to waive the side yard setback requirement standard from 10 feet to 5 feet, subject to Board approval. Findings related to this waiver are found later in this report.

5. Stormwater and Drainage: Lot drainage shall be designed to provide drainage away from all buildings, and drainage facilities shall be designed and constructed pursuant to County standards.

Findings: A Preliminary Stormwater Report by Harker Engineering dated January 5, 2022 was submitted with the application. It states that drainage from the western lots, streets, and sidewalks will be collected in county standard inlets then routed to biofiltration swales for water quality then release into the wetland that is tied to Silver Lake. The eastern lots will be drained to the storm facility that is part of Silver Lake Village II and was designed to accommodate these future lots. The western portion of the site drains to Silver Lake, which is exempt from flow control requirements.

Conclusions: Stormwater will need to be collected and conveyed in a stormwater system that does not allow water to flow over across the surface of a roadway Final stormwater design elements will be reviewed and approved by the Department of Public Works prior to installation. The applicant shall design and construct a stormwater system in accordance with CCC 16.20.

6. Erosion Control: Erosion control plans shall be required for all sites where the slope exceeds eight percent, prior to any clearing, grubbing, or any form of excavation or fill activity (CCC 18.32.230).

Findings: While no part of the site exceeds eight percent in slope, the applicant will still be responsible for maintaining adequate erosion control during construction. Review comments received from the Department of Ecology state that the owner may need to apply for a Construction Stormwater General Permit.

Conclusions: Any proposed construction activity has the potential to increase the amount of runoff and sediment transport off-site. The development should berequired to have an engineered erosion control plan, and the plan should be reviewed by the Department of Public Works and the Department of Building and Planning prior to implementation. All erosion control measures stated in the approved erosion control plan should be implemented prior to any form of clearing, grubbing, excavation, and/or fill activity.

7. Road Plans, Construction, Dedication: The engineering plans and specifications for all roads shall be reviewed by the Engineer; and said plans and specifications must meet public road standards and be approved by the Engineer prior to the commencement of any road construction.

Findings: The applicant proposes to extend Trevor Lane within Silver Lake Village III A new street is proposed connecting to existing County roadway, Hall Rd, and extending to the East.

Conclusions: The internal roads proposed with the development will need to be designed and constructed to Urban Lane standards requiring 60’ of right-of-way, 32’ of asphalt width, curb and gutter, and a 5’ sidewalk. Due to the length of internal roads a turnaround will be required. A Type III barricade will need to be installed at the end of all the proposed roads.

8. Street Lights: Street lighting may be required at all intersections, or as recommended by the Engineer. (CCC 18.32.210)

Findings: The Department of Public Works recommends that the County standard plans be used for design and construction of the proposed street light system.

Conclusions: The applicant will need to install street lights in accordancewith the Cowlitz County Road and Street Design Standards along all proposed public roads.

9 Pedestrian Walkways (Sidewalks): Pedestrian Walkways shall be required in all urban subdivisions, and shall be designed and constructed within three years from the date of final plat subdivision approval, or immediately following the construction phase of each residence on a lot, whichever comes first. Design and construction must meet the approval of the Engineer. (CCC18.32.150)

Findings: Sidewalks are a required for the project frontage on Hall Rd and all internal streets

Conclusions: A Type II barricade will need to be installed at the end of all the proposed sidewalks. Design and construction of pedestrian walkways will be a condition of final plat approval.

10. Water: A public water system shall be required. All plans and specifications shall be subject to approval from the Engineer, the purveyor and other appropriate agencies. (CCC 18.32.260)

Findings: The proposed subdivision falls within the County’s potable water service area. The applicant will need to secure permits from Cowlitz County Public Works for extension of water infrastructure to serve the site.

Conclusions: All engineered plans and specifications shall be in accordance with the Cowlitz County Water and Sewer Utilities Policies and Procedures All required improvements must be designed, reviewed, and installed prior to final plat approval.

11. Fire Protection Requirements: All urban subdivisions shall comply with the requirements of the Washington State Uniform Fire Code, or such fire protection requirements as adopted or amended by the board. (CCC 18.32.220)

Findings: The subject property is within Cowlitz County Fire District #3. Residential fire flow in an urban setting is typically achieved through the strategic placement of fire hydrants capable of flowing the appropriate amount of water to suppress a fire. Hydrant placement and flow capacities are addressed in the Cowlitz County Building Code, CCC 16.05.080.

Conclusions: Approval of fire hydrant placement and design shall be subject to review from the Department of Building and Planning, Public Works Department, and Cowlitz Fire District 3

12. Sewerage: A sanitary sewerage disposal system shall be subject to approval from the Engineer, the purveyor and other appropriate agencies. (CCC 18.32.250)

Findings: The project will connect to a public sewerage disposal system.

Conclusions: All engineered plans and specifications shall be in accordance with the Cowlitz County Water and Sewer Utilities Policies and Procedures. All required improvements must be designed, reviewed, and installed prior to final plat approval.

13 Covenants and Homeowner’s Association: A homeowner’s association shall be required to maintain all open spaces and common areas, unless the areas are dedicated and accepted by the County. (CCC 18.32.350)

Findings: The proposed subdivision includes stormwater facilities that will need periodic maintenance. These facilities will not be accepted by the County, and are to be maintained by a homeowner’s association.

14.

Conclusions: A homeowner’s association, governed by a majority of the lot owners, should be responsible for maintenance of stormwater infrastructure Draft articles of incorporation and covenants should be submitted, reviewed, and approved by the Department of Building and Planning prior to final subdivision approval.

Schools and School Buses

Findings: Students from the subdivision will attend the Toutle Lake School District

Conclusions: The applicant should work with the Toutle Lake School District to determine where school bus locations will be established to ensure students have safe bus access.

15. Mail

Findings: The U.S. Postal service delivers mail only on public roads.

Conclusions: Mailboxes should be required to be installed between the sidewalk and the curb. Addresses on homes within the subdivision should be on the exterior of the home and be clearly visible from the fronting road.

16. Power, Telephone and Cable Services

Findings: Cowlitz County Public Utility District Number 1 provides power service to the area, and multiple private companies provide telephone, cable, and internet services.

Conclusions: Electric power facilities and easements are subject to Cowlitz County PUD standards, and the applicant should work with the PUD to determine facility design requirements. The power, telephone, cable, and internet line services should be installed underground to serve each lot.

17. Washington Uniform Common Interest Ownership Act

Findings: This project may be subject to the Washington Uniform Common Interest Ownership Act (WUCIOA) RCW 64.90. The applicant is responsible for compliance with provisions of the WUCIOA.

Conclusion: The applicant should consult their attorney as to how WUCIOA may apply to this project.

II. Urban Subdivision Provision to Waive Standards

1. Waiver: In some cases, particular circumstances may justify the granting of waivers from Urban Subdivision standards. Petitioners for waivers shall describe the specific waiver sought and the grounds for the application. In order for a waiver to be recommended by the Commission and approved by the Board, it must be determined that there are physical conditions affecting the property not common to other area properties, hardship would result from strict compliance with the standards, it will not be detrimental to the public health, welfare or environment, or injurious to other property in the vicinity, and it will not have the effect of nullifying the spirit and intent of the Comprehensive Plan and land use ordinance. (CCC 18.32.685)

Findings: The applicant seeks a petition to waive minimum side-yard setback standards of 10 feet to 5 feet for the residential lots, due to the extent of wetlands and wetland buffers occupying a large extent of the land area

Conclusions: The applicant’s petition for waiving minimum side-yard setback standards, due to extensive wetland and wetland buffers, meet all the requirements of the waiver standards. These include the physical conditions the wetlands affect the property, inconvenience of lost developable

land due to the wetlands The granting of the waiver to allow 5 feet side setbacks will be subject to review and recommendation from the Planning Commission and review and approval from the Board Staff finds the proposed setback reduction is compatible with the surrounding neighborhood and does not nullify the spirit of the comprehensive plan.

J. CONCLUSION

The proposed subdivision meets the criteria for approval of a preliminary subdivision.

The proposed subdivision is consistent with the goals and policies of the Urban Comprehensive Plan designation, the intent and language of the Zoning Code, the Critical Areas Ordinance, and the Urban Subdivision Ordinance.

Prior to any construction work commencing, the applicant should be required to obtain all necessary permits from The Cowlitz County Building and Planning Department, Cowlitz County Public Works Department, Washington State Department of Ecology, and any other agency with jurisdiction

K. RECOMMENDATION

The Department recommends Approval of Case No. 2270.01 and Approval of Waiver Request subject to the conditions of approval of this staff report, dated January 5, 2023, based on findings in Section A through J above.

L. CONDITIONS OF APPROVAL

1. Development Compliance: The development shall comply with all applicable Urban Subdivision general standards set forth in the Cowlitz County Urban Subdivision Code CCC 18.32

2. Subdivision Name, Lot Size: The plat shall be titled Silver Lake Village 3. Approval is limited to 26 residential lots. The new lots shall conform to the lot sizes and dimensions shown on the approved preliminary plat.

3. Duration of Preliminary Approval: The preliminary approval shall be valid for a period of 5 years from the date of BOCC approval.

4. Lot Layout: For each Lot submitted for final plat approval, a building envelope shall be delineated on the final plat. No Lot shall be final platted that does not contain a building site which can accommodate a reasonably sized house, garage, building setbacks, driveway access, and parking.

5. Cultural Resources: Prior to ground disturbance, the applicant shall prepare a cultural resource assessment specific to the proposed project area. This shall be provided to the Building and Planning Department as well as DAHP.

6. Permit to Construct: Prior to any construction activities, an application shall be made to the Department of Building and Planning. For those facilities that will need additional construction work, the application shall include five (5) copies of a complete set of engineered plans to include, as necessary: road and utility plans, street light plans, grading and filling, drainage/stormwater facilities, erosion/sedimentation controls, prior to construction and any improvements made thereafter. No grading, excavation, or construction shall be conducted until all construction plans have been approved and grading permit(s) issued. All engineered plans shall be prepared and stamped by a licensed professional engineer registered in the State of Washington. Copies will be routed to the Department of Public Works, Building and Planning and the Fire Marshal. The Department does not forward plans to the utilities, the applicant is required to submit a copy of all utility plans to the County PUD for review and approval. Once the plans are approved from each department within their respective jurisdiction, an approved copy, along with a fill and grade permit, will be issued. Engineering fees shall be charged if engineered plans require more than two revisions. Fees shall be paid prior to issuance of the permit to construct.

a. Engineering Plans and Specifications. The applicant’s engineer shall contact the Public Works Department to obtain county standard details applicable to the subject project.

b. Pre-construction meeting. Following the approval of the engineered road and utility plans, and prior to the acquiring the fill and grade permit to start construction of any improvements, the Department of Building and Planning will coordinate a pre-construction meeting which the developer, their engineer and their contractor shall attend. Other attendees to the meeting shall include Cowlitz County Public Works and may include utility companies affected by the project.

c. Erosion Control / Sedimentation. Erosion sediments generated during construction and lot development shall not enter any drainage way. An erosion control plan shall be prepared by a Washington State licensed engineer and shall be subject to final approval from the Cowlitz County Engineer. All development shall conform to the erosion control plan. Erosion control measures shall be in place prior to, during, and after development activities. All construction shall be conducted in conformance with the approved plans and specifications.

d. Fill and Grade. All filling and grading plans shall be required to meet all Cowlitz County Fill and Grade Ordinance requirements. All plans shall be reviewed and approved by the Building and Planning Department and the Public Works Department. Compaction reports shall be required at, or prior to, final plat.

e. Stormwater/Drainage Detention Facility. A final stormwater management, treatment and drainage report shall be approved prior to any site preparation and installation of stormwater facilities. Stormwater management and treatment plans shall be prepared in conformance with the requirements of the County Engineer and the Department of Building and Planning. The applicant shall design and construct a stormwater system in accordance with Cowlitz County Code 16.20.

The design of the stormwater facilities shall be completed in association with the design of the road and utility facilities. All stormwater facilities shall be designed in accordance with the provisions of the January 5, 2022 Preliminary Stormwater Study, Cowlitz County Code Chapter 16.20, and final engineered stormwater design.

All necessary stormwater tracts, maintenance, and drainage easements shall be dedicated to the Homeowner’s Association for the subject development.

Any substantial variations of the stormwater facilities from the plans and specifications provided during this preliminary plat approval will require further review from the Building and Planning Department, Public Works Department and/or additional review and comment from the Cowlitz County Planning Commission.

Final stormwater plans shall be reviewed and approved by the County Engineer and the Department of Building and Planning. Documentation of approval shall be provided prior to issuance of the fill and grade permit.

f. Roads.

The design and construction of streets, pedestrian paths, and street trees, storm drainage systems, site grading, and erosion control plans, water and sewer systems, shall be in accordance with Cowlitz County Code, Cowlitz County’s Road and Street Design Standards, Cowlitz County Standard Plans and Specifications, and Cowlitz County Water and Sewer Utilities Policies and Procedures unless otherwise specified.

The design and construction of the streets, street lights, and street trees for all internal streets shall be designed and constructed in accordance with Cowlitz County Urban Lane standards requiring 60’ or right of way, 32’ of asphalt width, curb and gutter, and a 5’ sidewalk.

The design and construction of the streets, street lights, and street trees for Stout Road within the wetland area shall be designed and constructed in accordance with Cowlitz County standards utilizing a 60’ or right of way, 24’ of asphalt width, curb, and gutter, and a 5’ sidewalk on one side. The road may be shed to accommodate stormwater and minimize wetland impacts.

The applicant shall obtain a right-of-way permit for any work (including construction signage) within Cowlitz County right-of-way, including Trevor St.

Sight distance on corner lots shall be identified on the final plat. Final road names shall be subject to approval by the Department of Building and Planning. All roads and right-of-way shall be dedicated to the public at final plat.

The applicant shall install Type III barricades at the end of the proposed roads and Type II barricades the end of the proposed sidewalks.

g. Streetlights. The applicant shall design and construct a street light system in accordance with Cowlitz County Code, Cowlitz County’s Road and Street Design Standards and Cowlitz County Standard Plans and Specifications unless otherwise specified. The design of the street light system shall be completed by a qualified designer and in conjunction with the design of the roadway and utility facilities. The developer will be responsible for establishing an account with Cowlitz PUD for providing electricity to the street light system. The PUD account will need to be transferred to Cowlitz County for the public portion of the roadway. Streetlights shall be in working order and account transferred to Cowlitz County prior to final plat for the public portion of the roadway.

h. Fire flow. Fire flow shall be required for all lots. Water engineering plans shall be subject to approval from the Cowlitz County Public Works, Building and Planning Department, and Cowlitz County Fire and Rescue District 3 All hydrants shall be tested prior to final subdivision approval. Documentation of minimum fire flow testing is required prior to final plat.

As-built engineering plans The developer shall contract with an engineer licensed in Washington State to inspect the installation of all improvements as they occur, and to certify that all roads, grading, fills, drainage and stormwater management and treatment facilities, utility installations, and all other improvements conform to the approved designs, engineering plans, and specifications. The project engineer shall prepare and certify all as-built plans prior to final subdivision approval. As-built plans shall be submitted for review and approval with the County Engineer. A final copy of as-builts shall be filed with the County Engineer, Department of Building and Planning, and all utility purveyors. As-built information shall be recorded on the original approved construction Mylars using a line and strike method.

7. Critical Areas Permit: The developer shall comply with the conditions of approval to be outlined in the Critical Areas Permit to be issued prior to any ground disturbance.

8. Other Permits: Documentation of acquired permits or approvals shall be provided prior to the issuance of any construction or fill/grade permits for the subdivision. This includes any necessary permits from the Washington Department of Fish and Wildlife, Army Corps of Engineers, Department of Ecology, or any other agency that has jurisdiction.

9. Water Engineering Plans: All lots are required to have potable water, provided by a public water system purveyor. Engineered plans and specifications for water service shall be prepared by an engineer licensed in the state of Washington. Such plans shall also be subject to approval from the Cowlitz County Engineer. The applicant shall design and construct the water system in accordance with the Cowlitz County Water and Sewer Utilities Policies and Procedures. Water plans shall also be reviewed for conformance with the International Fire Code requirements of the County for fire flow. Water system engineering plans and specifications shall include location, size and type of all piping, valves, fittings and hydrants, along with

calculations of flow rates and pressures to comply with the fire code adopted by Cowlitz County. Water service lines and hydrants shall be constructed, inspected, and tested in conformance with the approved plans, and such construction shall not deviate from approved plans unless the changes have been approved by and filed, with the Cowlitz County Engineer. Written documentation that all lots have access to potable water is required at final plat.

10. Sewer Engineering Plans: All lots are required to have connection to a public sewer system. An engineer licensed in Washington State shall prepare engineered plans and specifications for the sewer service. The applicant shall design and construct the sanitary sewer system in accordance with the Cowlitz County Water and Sewer Utilities Policies and Procedures. Such plans shall be subject to approval from the Public Works Department and County Engineer. Written documentation that all lots have access to sanitary sewer connections is required at final plat.

11. Utilities: All power and cable service lines shall be installed underground. Utility easements shall be provided as required by the standards and installation requirements of the purveyors. All utility easements and restrictions shall be shown on the face of the final plat. Power shall be installed as approved by the appropriate purveyor prior to final subdivision approval. Written verification and acceptance of the improvements shall be submitted with the final subdivision plat.

12. Covenant, Conditions, and Restrictions: The covenants, conditions and restrictions (C,C&Rs) shall be submitted to the Cowlitz County Department of Building and Planning for review and subject to County approval prior to final subdivision.

13. Homeowner’s Association: A Homeowners’ Association shall be created and incorporated. The incorporation papers shall be filed with the Secretary of State, and a copy of such articles shall be submitted to the Cowlitz County Department of Building and Planning prior to final subdivision approval. The articles shall include, but are not limited to the following:

a. The purposes of the association shall be to provide a mechanism to accomplish the long-term maintenance of all stormwater management and treatment improvements and drainage way easements, as well as open space areas

b. The association shall be provided with the authority to levy assessments against all lots within the subdivision to adequately finance the maintenance, operation, and security of all stormwater management and treatment improvements.

c. The association shall be provided with the authority to enter into contracts to accomplish the purposes of the association.

d. The association shall be provided with the authority to borrow and spend money necessary to accomplish the purposes of the association.

e. The association shall be provided with the authority to finance new improvements beneficial to the lot owners, enter into contracts for maintenance and operations of all improvements, and shall be provided with the authority to attach liens to lots owned by persons who are found to be delinquent in paying assessments to the association. The association shall be authorized to litigate to collect said liens, or to enter into binding arbitration, and court costs or arbitration costs incurred by the association shall be paid by the delinquent lot owner.

f. The association shall adopt bylaws necessary to provide for the administrative structure and authority to carry out the purposes of the association prior to the occupancy of any residences constructed on the lots.

List of Exhibits:

Exhibit A: Project Application & Narrative

Exhibit B: Preliminary Plat

Exhibit C: Maps

Exhibit D: SEPA Determination & Environmental Checklist

Exhibit E: Public/ Agency Comments Received

Exhibit F: Response to SEPA Comments from Applicant

Exhibit G: Critical Areas Report and Bank Use Plan

Exhibit H: Site Access Analysis

Exhibit I: Preliminary Stormwater Study

January 21, 2023

To: Cowlitz County Building and Planning Cowlitz County Planning Commission

Re: Information for February Planning Commission Hearing

Based on the feedback and comment at the recent workshop in January, we felt that some additional background information would be valuable to add to the record. We are pleased to provide the following information in the hopes that it can address some of the items raised in the January workshop.

Comprehensive Plan Designation

The County’s 2017 Comprehensive Plan identifies this area as “Urban” due to the presence of public water, sewer, public road access, and other necessarily urban infrastructure elements. This area was also previously designated as “Urban Residential” in the County’s prior 1976 Comprehensive Plan as well. The Hall Road and Streeters area has been developed to this point at a residential density based on the County’s Comprehensive Plan and development regulations since at least the late 1970s.

Being designated as “Urban” dictates the type of subdivision that must be completed, which includes Urban-specific design and development standards as described in the County’s Urban Subdivision Ordinance CCC 18.32. We can appreciate that relative to the many other areas of the County and the State, the Toutle area is generally more rural than downtown Longview or Seattle. However, it remains that the County’s codes, plans, and processes direct the landowner to follow urban design and development standards. If the County and/or desires the Hall Road area to be something other than Urban, then it is up the jurisdiction, in coordination with the residents, to change their guiding plans and codes to reflect that.

This direction from County plans and codes influenced the level of improvements the County has previously done to Hall Road, includes road widening and installation of curbs, gutters, and sidewalks along much of its length. This longtime approach to the Hall Road area is also reflective in other elements of the existing built environment, which includes development at or near urban densities in the Streeters area. We say all this only to avoid being put in a “worst of both worlds” situation where an urban development in a designated Urban area is being held to a perception of rural.

Hall Road/Zephyr Lane Intersection

Hall Road Looking North Near Zephyr Lane Intersection

Elk and Wildlife

Elk are regulated as a game species, and do not have additional protection outside of game laws and guidance under the PHS program. It is up to local agencies to apply this guidance relative to their needs for PHS areas. Cowlitz County has not actively regulated elk habitat in any fashion, or applied PHS guidance to any project within mapped elk habitat. Nearly the entire County, save for a small area along the I-5 corridor, is designated as either Roosevelt or Rocky Mountain Elk habitat, and regulating elk beyond the Count’s current approach represents a significant issue to future development throughout all areas of Cowlitz County.

In regards to other species raised during public comment at the workshop, the majority of those species are not a regulated species under PHS or other regulations (opossum, squirrel, raccoon, etc.). Of the species mentioned that are regulated in some fashion, (Spotted Owl, Bald Eagle, Golden Eagle, Osprey) none of them are present, or suitable habitat does not exist on the project site to support them

Wetland Mitigation and Future Wetland Permitting

The need for the mitigation credits was discussed in previous project information, along with a discussion regarding the background on the wetland mitigation banking system and its oversight from WDFW, ECY, and other agencies

On-site mitigation will occur to the maximum extent practicable. Cowlitz County Public Works has allowed us to minimize road size to reduce impacts without compromising safe access, thus allowing us to reduce our impacts as much as possible Use of a wetland bank provides a watershed level approach to wetland conservation, and according to Ecology provides a higher success rate and positive environmental impacts than individual mitigation sites. It is a heavily regulated process from multiple agencies, and is as close to a guarantee of successful mitigation a watershed level that you can find.

Upon preliminary approval of the project, the landowner would compete the process necessary to obtain needed wetland credits and begin that phase of permitting, which would include extensive

PHS Map. All purple areas East of Interstate-5 are Rocky Mountain Elk Habitat. Purple areas West of Interstate-5 are Roosevelt Elk Habitat. Blue lines represent additional Aquatic Habitat PHS.

permitting with the Coweeman Mitigation Bank, ECY, WDFW, and a section 404 permit with the Army Corps of Engineers. All of these items would be need to be completed before any work in the wetland is authorized.

Previous Phases of Silver Lake Village

There have been a number of comments regarding the previous phases of Silver Lake Village, with claims ranging from it being “grandfathered” to “environmental destruction.” We feel it important that these comments be put in proper context, as on their own they misrepresent the history of the previous phases of the project.

Phase 1 was originally approved in 1998. It was subsequently reapplied for in 2005, and though it utilized several documents from the earlier approval, it was reviewed under 2005 development codes. Typically, subdivision approvals are granted a 5-year window of approval, which would have set the 2005 approval of phase 1 to expire in 2010. However, due to statewide economic conditions, RCW 58.17.140 was amended in 2010 to extend previously issued preliminary approval for up to 10 years in some cases. Phase 1 was constructed and granted final approval by the BOCC in 2016, in accordance with the conditions stated on the 2005 approval, and an extension of preliminary approval timelines afforded the project by RCW.

During construction of Phase 1, a fill storage site was inadvertently placed in an incorrect location, causing some concern from WDFW at that time. After site visits from the local habitat biologist at the time (Steve West) and Cowlitz County, the fill was relocated and the issue resolved before final approval. We do no feel that a habitat biologists undocumented comment from 8 years ago, on an issue that was resolved, should be held against the landowner.

Phase 2 was granted preliminary approval in 2021, and was designed to meet all applicable standards at that time, which are largely the same as the applicable standards in 2022/2023.

The largest regulatory changes for development standards between Phase 1 and the later Phases are the management of stormwater and critical areas regulation. These updated regulations are much more extensive, and include more stringent standards for the collection, treatment, and management of stormwater; and increased buffer widths and mitigation requirements for wetland impacts.

In any case, the Phase 3 development will be held to a much higher regulatory standard, stormwater or otherwise, than any previous subdivision along Hall Road, including the Streeters Subdivision (1962), Silver Lake Estates (1970), Silver Pines (1975), Johnson Mt. View Tracts (1959), and even Silver Lake Village Phase 1 (2005/2016). With the exception of Silver Lake Village Phase 1, there is little to no stormwater detention or treatment for these developments, with discharge to the lake. This project will not discharge directly to the lake, and include modern detention and treatment facilities.

Setback Waiver Request

Much of the information regarding the need for the request was described in the previous submittal, however based on the workshop some additional background information may be valuable. Please view this as supplementary to the previously submitted information.

In order to keep continuity with previous Phases, the owner is intending to create a product that is both attractive and affordable; and to target those buyers looking for single-level home. The home plans in Phase 3 would be largely the same as Phase 1 and Phase 2, with an architectural design that places the entryway to the home level with or in front of the garage door. This creates a more attractive neighborhood feel, and avoids the pitfall of having a garage door being the most front and center element of the home.

Secondly, the single-level home lends itself to popular 3-bedroom designs. This design approach increases the marketability of the home, and also creates an artificial limit on the number of occupants in a dwelling, which in turn reduces impacts. This approach has proven itself in the full-build out of the previous development with just a few years with the homes at a relatively reasonable price.

The reduction to the minimum setback enabled this success. It allows for the garage to be rotated back and to the side slightly, opened up design options for the homes, and allowed them to remain single level.

At this point, the landowner has a number of previously designed homes from Phases 1 and 2 that could also be applied to Phase 3. Absent the setback waiver, the owner would need to redesign the home, and move to a two-story model to meet the market expectations, and lose out on all continuity with the previous phases. Redesigning home plans would bring additional, unexpected costs and time, only to create a less attractive product. There was little indication or opportunity to plan for this cost or eventuality. Both previous Phases received this waiver, and no circumstances have changed. If anything, the addition of a second access to Hall Road raises the factor of safety over that of previously approved Phase 2.

We do not feel that the waiver request is in contravention to the surrounding area and previous phases, nor presents a safety issue. Many of the existing homes throughout the Streeters area are at or near 5’ setbacks, and in many cases, homes are about 10’ apart, similar to the proposed subdivision. Unlike the Streeters area however, the proposed subdivision will have a higher level of fire protection, with hydrants at locations prescribed by the current fire code. The setback waiver requested is not something out of the ordinary for an urban area; this waiver request is to apply an urban setback standard for a zoned area to an urban area that is not zoned The factors that led to the creation of a 5-foot setback for the zoned Urban areas are all present for this project: smaller lots, urban street and access design, and adequate fire protection.

Looking East down Zephyr Lane. Note fully built urban environment.

Looking East, intersection of Zephyr and Trevor Lanes. Homes constructed at 5’-7’ setbacks.

From: Harbison, Patrick

Sent: Wednesday, February 1, 2023 12:56 PM

To: Nick Lile

Subject: Re: Silver Lake Village Phase 3

This sender is trusted.

Correct. There is adequate water and sewer capacity for all of the current proposed silver lake village subdivision at full buildout.

PatrickN.Harbison,P.E.

UtilitiesManager

CowlitzCountyPublicWorks

160013thAveSouth Kelso,WA98626 (360)577-3030ext.6536

(TheCountyrecentlyswitchedovertoOffice365andchangedouremaildomain.Pleasenotemynew emailandupdateyourcontactinfoasnecessary Thankyou)

From: Nick Lile <nlile@chiltonlogging com>

Sent: Wednesday, February 1, 2023 12:52:58 PM

To: Harbison, Patrick <HarbisonP@cowlitzwa gov>

Subject: Silver Lake Village Phase 3

Hi Patrick,

Can I get confirmaon from Public Works that there is adequate water and sewer capacity to serve the Silver Lake Village Phase 3 project at full build out?

Thanks, Nick Nick Little Development Services

Mobile: (360) 957-9185

Fax: (360) 225-4857

1760 Down River Dr.  Woodland, WA 98674

From: Trimble, Adam

Sent: Thursday, February 2, 2023 3:52 PM

To: Morin, Paul; Holmstrom, Greta; Gresse, Laura

Subject: FW: HALL RD DIVISION (Silverlake/Toutle Wa)

Planning Commission public comment received for Silverlake subdivision

Adam Trimble | Senior Policy Outreach Planner Cowlitz County Building & Planning (360)577-3052 X 6664

-----Original Message-----

From: Trouble Maker <purpletrouble83@yahoo.com>

Sent: Thursday, February 2, 2023 2:50 PM

To: Trimble, Adam <TrimbleA@cowlitzwa.gov>

Subject: HALL RD DIVISION (Silverlake/Toutle Wa)

Hello, my name is DeELL Younker,

I’m wring you because we have developer who wants to put homes on Hall road!! My concern is us home owners have to go through so many things before we can get permits or even approved and seems this developer who has big cash flow can just do as he pleases I feel it’s unfair!!

Not to menon what about the wild life we have back in that area What are you guys going to do to help them?? Our lile community is trying to protect them,If these homes get built we can’t help them Whose going to keep our water from pollung more? Did I menon the traffics over here is already nightmare and we only have one way in and one way out! If we all had to be evacuated these extra homes that get built will cause more problems and people will be stuck most likely won’t be able to leave on me if we need to be evacuated!!! Anyone one of you thinking of that??!! What about the water and sewer?? That’s just more pressure on that systems and will cause our lile community water presser to go down as well. Not to menon have you come up to Toutle school and check the elementary and Jr/high school out?? These classrooms are already crowded and have hardly any space , the hallways have you walk the hallways of these school? It’s so crowed that your basically touching someone just to walk these halls. You guys will cause more stress on these students and the staff!!!

Why are the board members just rubbing these things off just because this person has money and can do as he please!! Our community has done our research and know that members on the board are leng so many things sly and that us home owners wouldn’t be able too!! You members raise so many red flags and when we stand as community and bring things up you guys ignored the people even though your working for “the people” and turning your heads! Silverlake and Toutle is country and not made to be small city nor turning it into Subversion!! Us folks move here to get out of the city and subversion to enjoy the country and the wild animals that come with it!!! It’s country for REASON!! So stop being about money hungry and help the people for once and do the right thing because you guys know some of us can’t even build on our lands due to certain things, so WHY does this outsider get too oh wait cause y’all want the money and don’t care about the wild life or what happens to our lands, homes, school or road or safety!!

God bless, DeELL YOUNKer

Sent from my iPhone

From: Gresse, Laura

Sent: Tuesday, February 7, 2023 8:23 AM

To: Morin, Paul

Subject: FW: Permit # 2270 01 Applicant: Nick Lile, Chilton Development Services

Forwarding comment.

LG AP

P O / VSP

C C B P 207 4 A. N. #119| K, WA 98626 (360) 577-3052 1 - 6650 GresseL@cowlitzwa.gov

O H: M – T 7 – 6

From: Tammy Biles <tammy.orzel@yahoo.com>

Sent: Thursday, February 02, 2023 11:34 AM

To: Gresse, Laura <GresseL@cowlitzwa.gov>

Subject: RE: Permit # 2270 01 Applicant: Nick Lile, Chilton Development Services

Comments to the Cowlitz County Department of Building and Planning for the Hall Road subdivision to add 26 lots in regards to the hearing scheduled for February 15th:

I strongly object to the addition of 26 more homes being built for the following reasons:

*Increase in Pollution

*Water runoff into neighboring properties and Silver Lake

*Hall Road is the only ingress and egress to this area which will not support this amount of neighborhood traffic in an emergency: wildfires, flooding, etc.

*The infrastructure for Silver Lake and Toutle will not support this many additional homes-there is already a lack of water pressure in the existing Hall Road homes; this area smells strongly of sewer; Spirit Lake Highway will not support the additional traffic; Toutle Lake schools cannot accommodate these additional students and some of these children are already attending at Castle Rock Schools; and the existing Fire Department would have difficulty responding to additional calls and emergencies

*Irreversible harm to surrounding wildlife including elk habitat

*These factors do not substantiate this as responsible growth in this area.

*This area is designated as wetlands which could produce settling and damage to these new homes

*The Department of Fish and Wildlife objects to this development as it will cause additional harm to local elk.

*Property taxes will continue to increase as they are based on comparable sales--these homes are selling for $400-500K.

I plan on attending this hearing to further discuss my objections.

Sincerely,

Tammy Biles Resident on Paine Road, Castle Rock

From: Trimble, Adam

Sent: Wednesday, February 1, 2023 2:09 PM

To: Morin, Paul; Gresse, Laura; Holmstrom, Greta

Cc: Turner, Daniel; Ken Hash

Subject: FW: Planning Commission Hearing 02/15/2023

Aachments: PLANNING COMMISSION 2.doc

Hello, I have received these comments in Laura’s absence, for the upcoming PC meeng. Comments received for Silverlake subdivision public hearing. Greta, would you be able to forward on to the PC? Or let me know if you would like me to. Thanks,

AdamTrimble|SeniorPolicyOutreachPlanner CowlitzCountyBuilding&Planning (360)577-3052X6664

From: Suzanne Larson <larsosj@comcast.net>

Sent: Wednesday, February 1, 2023 2:02 PM

To: Trimble, Adam <TrimbleA@cowlitzwa.gov>

Subject: Planning Commission Hearing 02/15/2023

Dear Sir,

Ms. Gresse Emailed that she would be out of the office unl February 7th and cited you as a contact.

Could you please ensure that the aached Comments and Quesons are forwarded to the Planning Commission to be addressed at their Workshop and Hearing regarding the Proposed Urban Subdivision – Permit # 2270.01?

Thank you for your me.

Suzanne Larson 360 431-1371

Sent from Mail for Windows

Hall Road Urban Subdivision Proposal –

Permit # 2270.01

Applicant, Nick Little for Brad Thomas dba Builders Material Trading Holding Inc.

The Property Owners in the Streeter’s area of Silverlake, Washington object to the approval of this Subdivision Proposal based on the following:

• The Proposal is contrary to Cowlitz County's Comprehensive Plan Statements.

• The Subdivision would cause irreparable damage to a Designated Critical Wetland.

• The proposed mitigations would not prevent significant additional pollution to Silver Lake, which flows to Outlet Creek, and then to the Toutle, Cowlitz and Columbia Rivers.

• The Subdivision would destroy and fragment Elk Winter Range.

• The Subdivision would destroy a priority wildlife habitat for a large variety of mammals, birds and amphibians.

• The Subdivision has the potential to increase fire danger and prevent safe evacuation in the event of a wildfire or other emergency by greatly increasing population density near the Hall Road exit to Spirit Lake Highway.

• The Subdivision has the potential to place financial hardships on current property owners by increasing the burden on current water/sewer systems and the capacity of the school.

The total of new lots developed by this applicant would be 87 in Phases I, II, and III, with more than 40 homes already built and sold.

The new Proposal requests a waiver to build houses 5 Feet from property lines in order to maximize profits and states that the surrounding area is similar residential. Applicant uses its own Phase I construction as an example of “similar residential use.”

• The pre-existing Silverlake and Streeter's Neighborhood area does not contain this type of residential density.

The Project is contrary to the County’s Comprehensive Plan statements.

The County’s Comprehensive Plan defines Urban area as follows:

• …contains existing dense industrial, commercial, and residential development and is intended to allow for further growth.

• …an area near existing or planned job center

• …the transportation system is well developed and able to accommodate high volume usage.

Question- Where is this "existing dense industrial and commercial development” that is described in the County’s Comprehensive Plan in relation to this subdivision?

Policy LU 2.1: Accommodate the need for certain amenities in urban areas, including housing, commercial activities, employment centers…other public facilities.

Policy NER 1.2: Avoid clearing of native vegetation that maintains slope stability, reduces erosion, shares shorelines, buffers wetland and stream corridors, and provides wildlife and aquatic habitat.

• The Department of Fish and Wildlife recommended building on the west side of the proposed site to minimize fragmentation and destruction of Elk Winter Range. This is not feasible as it would monopolize the designated wetlands.

Question- How does the purchase of Credits from the Land Bank Management prevent this project from polluting Silver Lake and fragmenting this Elk Winter Range?

Question- Where is the parcel proposed for purchase through Land Bank credits located?

The proposed 11.75-Acre site contains 10 Acres of Wetland.

• Runoff flows directly into Silver Lake.

Question- What are the specifics of the proposed Storm Water Management Facility noted in the Proposal?

• Bioswales have failed in Phase I, causing overflow onto adjacent properties.

Question- Should the County investigate failure of these Bioswales before considering approval of more construction?

• The New Road will traverse the Wetlands that feed directly to Silver Lake creating a significant increase in pollutants from the developed property.

Question- Is the current Water and Sewer system adequate for this addition?

Question- Are upgrades to the Water/Sewer system going to cost current property owners in the near future?

Question- What is the projected sale price for these 26 Homes?

• Median annual income in Cowlitz County is approximately $30,000.

• The affordable housing equation is 25% of income for a mortgage. This would allow a two-income family with median earnings in Cowlitz County to afford a mortgage of $120,000 - $150,000.

Question- Does this project actually meet the residential needs of Cowlitz County residents, or will people from outside the county/state purchase the majority of these homes?

Fire Safety and Evacuation:

Question- What are the Fire Safety Impacts of building homes 5 Feet from property lines?

• Hall Road is the only means of egress for the entire Streeter's community.

Question- Does the addition of 87 homes at the North end of Hall Road create a barrier to safe evacuation of the area in the event of a wildfire or other emergency?

• Area residents recently experienced significant Property Tax increases and are concerned about additional increases due to this subdivision.

Question- Would the completion of this subdivision further increase property taxes for existing homeowners?

Silver Lake Village Phase 3 – SEPA Comment

Herb Chesse

I received a comment via phone from Mr. Chesse. He stated that he was concerned about the increase in traffic on Hall Rd. He said many people speed and there has been an increase in deer fatalities. He recommends and would like to see speed bumps installed on Hall Rd. (PM)

From: Suzanne Larson

Sent: Thursday, October 20, 2022 1:39 PM

To: Morin, Paul

Subject: Permit #: 0003408-001 Subdivision on Hall Road

I live on Hall Road in Silverlake. Residents of my neighborhood recently received the Noce for Public Comment regarding this proposal to construct a 26 lot subdivision on 11.75 Acres. I have learned that these Noces for Public comment are meaningless because the concerns of the taxpayers who are affected are never acted upon.

This proposed subdivision is adjacent to another on Hall Road that was constructed a few years ago. When development began on the first subdivision, I contacted commissioner Joe Gardner, the planning department and the Fish & Wildlife staff person who inspected that sight.

Both the inial subdivision and this proposed project are on marsh/wetlands. The Fish & Game staff person who inspected the first subdivision site said that it was a “disaster” that would lead to future problems for the lake and for property owners in the new subdivision.

I was told by Commissioner Gardner that the first subdivision project was on land that had ‘grandfathered’ permits that could not be revoked. He told me that future permit applicaons would have to adhere to higher standards. Clearly this was not accurate informaon.

Here’s my take away:

Our Planning & Development Department does not care about environmental impacts to our wetlands, to Silver Lake and to the cizens who already own property in this neighborhood.

Commissioner Gardner did not tell the enre truth about future excepons that would be made.

It’s all about the people who have the money to buy the privilege of destroying our environment.

This is one more example of why people no longer trust elected officials who connually neglect their duty to serve the people.

Thank you, Suzanne

Larson

From: Suzanne Larson

Sent: Friday, October 21, 2022 12:21 PM

To: Morin, Paul

Subject: RE: Permit #: 0003408-001 Subdivision on Hall Road

Dear Mr. Morin,

Could you please add to the project file that water runoff from the first phase of this project flows onto a privately owned adjacent acreage instead of into the buffers? This property owner has repeatedly contacted the county regarding this issue, but has had no response.

Thank you, Suzanne Larson

Sent from Mail for Windows

From: Morin, Paul

Sent: Thursday, October 20, 2022 1:48 PM

To: Suzanne Larson

Subject: RE: Permit #: 0003408-001 Subdivision on Hall Road

Hello,

Thank you for your comment, I will add this to the project file for board review

-Paul

Paul Morin |Community Planner

Cowlitz County Building & Planning

207 4th Avenue N #119

Kelso, WA 98626

(360)577-3052 X 6677

* Effective July 22, 2022, my email address has changed to morinp@cowlitzwa gov Please update any saved contacts

From: Suzanne Larson <larsosj@comcast.net>

Sent: Thursday, October 20, 2022 1:39 PM

To: Morin, Paul <MorinP@cowlitzwa gov>

Subject: Permit #: 0003408-001 Subdivision on Hall Road

I live on Hall Road in Silverlake. Residents of my neighborhood recently received the Noce for Public Comment regarding this proposal to construct a 26 lot subdivision on 11.75 Acres. I

have learned that these Noces for Public comment are meaningless because the concerns of the taxpayers who are affected are never acted upon.

This proposed subdivision is adjacent to another on Hall Road that was constructed a few years ago. When development began on the first subdivision, I contacted commissioner Joe Gardner, the planning department and the Fish & Wildlife staff person who inspected that sight.

Both the inial subdivision and this proposed project are on marsh/wetlands. The Fish & Game staff person who inspected the first subdivision site said that it was a “disaster” that would lead to future problems for the lake and for property owners in the new subdivision.

I was told by Commissioner Gardner that the first subdivision project was on land that had ‘grandfathered’ permits that could not be revoked. He told me that future permit applicaons would have to adhere to higher standards. Clearly this was not accurate informaon.

Here’s my take away:

Our Planning & Development Department does not care about environmental impacts to our wetlands, to Silver Lake and to the cizens who already own property in this neighborhood.

Commissioner Gardner did not tell the enre truth about future excepons that would be made.

It’s all about the people who have the money to buy the privilege of destroying our environment.

This is one more example of why people no longer trust elected officials who connually neglect their duty to serve the people.

Thank you,

Suzanne Larson

Sent from Mail for Windows

Public Comment

Silver Lake Village Phase 3

DL Young called on 10/24/22

360-967-2788

Caller stated she lived near the proposed development and would like to know how to reject the proposal. Stated she was concerned with the sewer and water and her taxes rising.

Public Comment for Silver Lake Village Phase 3

10/24/2022

Dave Garfield 360-430-7185

Called and stated he would like to reject the permit because he doesn’t feel anybody should build on wetlands and it will have a negative impact on the environment and community. He also mentioned a few past projects that were not approved because of interference with the wetlands.

From: Helena Hogan

Sent: Thursday, October 27, 2022 3:37 PM

To: Morin, Paul

Subject: Hall rd Housing developement

Just want to say that this extra neighborhood for phase 3 is a bad idea. The water displaced from phase 1 comes directly to my property at 278 Hall rd. The developer Brad doesnt even care. I tried to call the city but never got a response from that . Too many houses on this rd . Will the water and sewer handle this???? And raise my taxes again??? Thats bull

STATE OF WASHINGTON DEPARTMENT OF ECOLOGY

Southwest Region Office

PO Box 47775, Olympia, WA 98504-7775 • 360-407-6300

October 26, 2022

Paul Morin, Community Planner

Cowlitz County

Department of Building and Planning

207 Fourth Avenue North #119

Kelso, WA 98626

Dear Paul Morin:

Thank you for the opportunity to comment on the determination of nonsignificance for Silver Lake Village Phase III Project (0003408-001) located at 400 Hall Road as proposed by Nick Little for Chilton Development Services. The Department of Ecology (Ecology) reviewed the environmental checklist and has the following comment(s):

SHORELANDS & ENVIRONMENTAL ASSISTANCE: Meghan Tait, (360) 210-2783

Thank you for providing the Department of Ecology (Ecology) the opportunity to review the proposed subdivision for Silver Lake Village Phase III.

Any impacts to wetland and wetland buffer habitats require the application of mitigation sequencing and compensatory mitigation. The required mitigation sequencing is avoidance, minimization, and then compensatory mitigation for any unavoidable wetland and wetland buffer impacts associated with a project. It appears that the applicant could minimize impacts to at least some of the on-site wetlands and buffers by locating the road crossing at the narrowest point of the wetland and reducing or eliminate road shoulders and/or sidewalks at the wetland crossing, if safety is not compromised. In addition, a bridge or culvert should be installed and sized correctly for best hydrologic connectivity. Use Ecology’s avoidance and minimization checklist (linked) to show how the project has avoided and minimized wetland impacts:

https://fortress.wa.gov/ecy/ezshare/sea/Wetlands/AvoidanceMinimizationchecklist.pdf

Direct impacts to the wetland would require permits from the Department of Ecology and likely the Army Corp of Engineers.

For questions or technical assistance, contact the Wetland Specialist Meghan Tait via email, meghan.tait@ecy.wa.gov, or phone, 360-210-2783.

Paul Morin

October 26, 2022 Page 2

SOLID WASTE MANAGEMENT: Derek Rockett (360) 407-6287

All grading and filling of land must utilize only clean fill. All other materials may be considered solid waste and permit approval may be required from your local jurisdictional health department prior to filling. All removed debris resulting from this project must be disposed of at an approved site. Contact the local jurisdictional health department or Department of Ecology for proper management of these materials.

WATER QUALITY/WATERSHED RESOURCES UNIT:

Brian Johnson (360) 624-5741

Erosion control measures must be in place prior to any clearing, grading, or construction. These control measures must be effective to prevent stormwater runoff from carrying soil and other pollutants into surface water or stormdrains that lead to waters of the state. Sand, silt, clay particles, and soil will damage aquatic habitat and are considered to be pollutants.

Any discharge of sediment-laden runoff or other pollutants to waters of the state is in violation of Chapter 90.48 RCW, Water Pollution Control, and WAC 173-201A, Water Quality Standards for Surface Waters of the State of Washington, and is subject to enforcement action.

Construction Stormwater General Permit:

The following construction activities require coverage under the Construction Stormwater General Permit:

1. Clearing, grading and/or excavation that results in the disturbance of one or more acres and discharges stormwater to surface waters of the State; and

2. Clearing, grading and/or excavation on sites smaller than one acre that are part of a larger common plan of development or sale, if the common plan of development or sale will ultimately disturb one acre or more and discharge stormwater to surface waters of the State.

a) This includes forest practices (including, but not limited to, class IV conversions) that are part of a construction activity that will result in the disturbance of one or more acres, and discharge to surface waters of the State; and

3. Any size construction activity discharging stormwater to waters of the State that Ecology:

a) Determines to be a significant contributor of pollutants to waters of the State of Washington.

b) Reasonably expects to cause a violation of any water quality standard.

If there are known soil/ground water contaminants present on-site, additional information (including, but not limited to: temporary erosion and sediment control plans; stormwater pollution prevention plan; list of known contaminants with concentrations and depths found; a site map depicting the sample location(s); and additional studies/reports regarding contaminant(s)) will be required to be submitted. For additional information on contaminated

Paul Morin

October 26, 2022

Page 3

construction sites, please contact Carol Serdar at Carol.Serdar@ecy.wa.gov, or by phone at (360) 742-9751.

Additionally, sites that discharge to segments of waterbodies listed as impaired by the State of Washington under Section 303(d) of the Clean Water Act for turbidity, fine sediment, high pH, or phosphorous, or to waterbodies covered by a TMDL may need to meet additional sampling and record keeping requirements. See condition S8 of the Construction Stormwater General Permit for a description of these requirements. To see if your site discharges to a TMDL or 303(d)-listed waterbody, use Ecology’s Water Quality Atlas at: https://fortress.wa.gov/ecy/waterqualityatlas/StartPage.aspx.

The applicant may apply online or obtain an application from Ecology's website at: http://www.ecy.wa.gov/programs/wq/stormwater/construction/ - Application. Construction site operators must apply for a permit at least 60 days prior to discharging stormwater from construction activities and must submit it on or before the date of the first public notice.

Ecology’s comments are based upon information provided by the lead agency. As such, they may not constitute an exhaustive list of the various authorizations that must be obtained or legal requirements that must be fulfilled in order to carry out the proposed action.

If you have any questions or would like to respond to these comments, please contact the appropriate reviewing staff listed above.

Department of Ecology

Southwest Regional Office

(JKT:202205154)

cc: Meghan Tait, SEA

Derik Rockett, SWM

Brian Johnson, WQ

Paul Morin Cowlitz County Building and Planning

Re: SEPA Response – Silver Lake Village Ph3

Hello Paul,

Thank you for the opportunity to respond to the SEPA comments. Many of these items were at partially, if not completely addressed in the previously submitted narrative, however we are happy to provide additional information to clarify the proposal and address concerns by both the public and agencies.

Ecology: Shorelands Comments

Ecology staff noted mitigation sequencing, and indicated that it may be possible to minimize impacts more so than the current design. We appreciate the opinion of Ecology, and would note that the proposed roadway impacts have been minimized to the maximum extent practicable while still satisfying the access requirements for both the Fire Code and design standards adopted by Public Works.

The need for a new road and steps taken to find an alternative option was discussed at length in the in the project narrative and submitted wetland mitigation bank use plan, so I will not go into depth here. In short, the need for emergency access and the inability, despite extended efforts, to locate an alternative access is what is driving the need for a new road.

The new road was necessarily located in this area to line up with the existing intersection of Hall and Stout Roads. This location was preferred by Public Works so as not to create an offset intersection and increase factor of safety. While not the absolute narrowest portion of the wetland, it still one of the narrower spots, and its location relative to the topography of the area meant that fill sections could be minimized.

Road standards and footprint are largely determined by the adopted road standards of the Public Works Department. Road design in a situation like this is a balancing act between wetland impacts and safety (illustrated by adopted road standards). This road was designed to strike this balance by a reduction in road width from 32’ to 24’ for that portion of the road crossing the wetland, and utilizing a sidewalk on a single side of the road rather than on both sides as it is throughout the rest of the propose development.

A culvert is proposed and will be part of the final design of the road, with the intent of allowing hydrologic connectivity between the north and south portions of the wetland area. We also recognize that Ecology and Corp permits are required prior to any construction activity occurring within the wetland. Upon receiving preliminary subdivision approval, we can complete final design and pursue these permits.

All Other Ecology Comments

We understand and acknowledge the need for clean fill, erosion control, and need for an NPDES should one of the 3 identified criteria be met.

Public Comments

The primary issued raised by public comments primarily fall into one of the following categories:

• Traffic Concerns

Traffic impacts from the proposed subdivision were quantified in the submitted traffic study and site access analysis completed by SCJ Alliance. The project narrative discusses many of the key findings of the study, so we will not endeavor to restate at length here. However, the study did conclude that there would no significant degradation to the LOS experienced along Hall Road or its intersections, and that resulting LOS would be well within limits defined by the County as acceptable.

• Wetland Impacts

Wetland Impacts and mitigation are also discussed extensively in the narrative, wetland study, and wetland bank mitigation plan. It is acknowledged that this proposal will include some work within a wetland (proposed access road), however this will be mitigated above and beyond the impacts created – this is required by various state and local codes and is typical of mitigation plans statewide.

It should also be noted that the development of this project uses current development standards and mitigation requirements – design standards that are more restrictive and have a higher level of mitigation than nearly every previous development along Hall Road. This includes the very densely developed Streeters and Stout Road areas.

The level of stormwater detention and treatment with this project is significantly higher than most of the existing developments along Hall Road (approximately 400 parcels), and any impact to Silver Lake or its wetland is significantly less than the impacts created by the existing homes, many of which are directly on the banks of the lake and have little to no comprehensive stormwater facility to discharge to

References to the subdivision being on wetlands is only partially correct. As evidenced by the wetland report, the subdivision lots and building area are clearly on the upland area of the site, with the access road being the only portion within a wetland or its buffer.

Water and Sewer Impacts

The site is served by County potable water and sanitary sewer. This was investigated by the developer prior to moving forward with the subdivision designs. The County has indicated that the water and sewer service in this area is more than adequate to serve the proposed developments. The additional homes will add to the County’s water/sewer fund by adding additional user. These users will be paying current County hookup and ongoing water/sewer fees. Again, we thank you for the opportunity to respond, and we hope that this serves to clarify any confusion or address any comments thus far.

Sincerely,

Nick Little Chilton Development Services

State of Washington DEPARTMENT OF FISH AND WILDLIFE

Southwest Region 5 • 5525 South 11th St Ridgefield, WA 98642

Telephone: (360) 696-6211 • Fax: (360) 906-6776

January 18, 2023

Building and Planning

207 4th Ave. N., Room 119 Kelso, WA 98626

Dear Mr. Morin,

Thank you for the opportunity to comment on the Silver Lake Village Phase III project. The Washington Department of Fish and Wildlife (WDFW) has reviewed this proposal and offers the following comments for your consideration.

WDFW’s primary concern is that this proposed developed did not address impacts to elk habitat and, as proposed, will lead to continued fragmentation of elk habitat. The area surrounding Silver Lake is likely used by elk year-round and is mapped elk wintering range priority habitat. If this project is approved, WDFW recommends demonstration that the mitigation sequence (avoidance, minimization, mitigation) was followed to assess impacts to elk habitat. Any remaining impacts should require compensatory mitigation.

ElkWinteringRange

After reviewing available documents, we did not find any assessment of impacts to elk wintering range despite being identified as PHS. Elk likely use this area year-round with higher concentrations during winter months. Elk wintering range in this area is at risk of increased fragmentation due to development pressure, especially if proposed projects are not assessed for impacts. Fragmentation of habitat occurs when existing habitat and corridors are altered on the landscape either through direct removal of vegetation or when it is no longer usable for wildlife. The effects are cumulative and can result in:

• Loss of habitat connectivity for species migration and dispersal,

• Increased predation and harassment of wildlife by household pets,

• Increased interactions with humans,

• Increased opportunities for invasive species to penetrate important habitat areas

While we recognize the importance of balancing development needs with preserving wildlife habitat, it is also critical to understand the ecological impacts to elk prior to approving development so that impacts can be avoided, minimized and, if necessary, mitigated. Developing within the area may lead to an increase in conflict, including damage to agricultural crops and vehicle collisions. The likelihood of human/elk conflicts is influenced by the number of elk in the area, availability of alternative food sources, protective cover, and winter weather conditions.

Since this project will directly remove habitat that elk are documented to use, WDFW would like for the project to be assessed for impacts and, if impacts are present, for the project proponent to design the project following the mitigation sequence of avoidance, minimization, and mitigation. Potential options include, but are not limited to:

• Clustering development to western side of parcel

• Prohibiting fencing that elk cannot cross

• Retain forested areas within the parcel

• Reducing the number of homes within the parcel

• Enhancing other elk habitat in immediate area

WDFW also provides technical assistance for wildlife conflict. Additional information on fencing and interacting with elk can be found at https://wdfw.wa.gov/specieshabitats/species/cervus-canadensis.

Again, we thank you for the opportunity to provide input. Please contact me should you have any questions or need additional information.

Sincerely,

George Fornes Habitat Biologist

George.Fornes@dfw.wa.gov,

360-623-0651

Cc: Maddie Nolan, WDFW Region 5 Habitat Program Manager

From: Gresse, Laura

Sent: Thursday, January 26, 2023 8:42 AM

To: Holmstrom, Greta

Cc: Morin, Paul

Subject: FW: Silver Lake Village Phase III

Greta, I have saved this Public comment from Suzanne Larson into the Feb 15, 2023 PC file. Would please forward to the Planning commissioners on Feb 1 or 2nd with other PC documents? Thanks

LG AP

P O / VSP

C C B P

207 4 A. N. #119| K, WA 98626 (360) 577-3052 1 - 6650 GresseL@cowlitzwa.gov

O H: M – T 7 – 6

From: Suzanne Larson <larsosj@comcast.net>

Sent: Wednesday, January 25, 2023 3:02 PM

To: Gresse, Laura <GresseL@cowlitzwa.gov>

Subject: Silver Lake Village Phase III

Dear Ms. Gresse,

Could you please forward this leer to Commissioners Sudar and C Phil Hall, and to Planner Paul Morin

Thank you for your me

Suzanne Larson

Suzanne Larson

Toutle - Silverlake Citizens for Responsible Growth

Silverlake, Washington

Commissioner Robert Sudar

Commissioner C. Phil Hall

Cowlitz County Planning Commission

January 24, 2023

Dear District 3 Commissioners,

We sincerely appreciate the Planning Commission’s Public Hearings and the work that the Commissioners do for county residents.

As a member of a large group of residents in the Silver Lake area who are concerned about the Silver Lake Village development, I attended your hearing workshop on January 18, 2023.

I would first like to say that I felt badly when Chairman Mark Smith misheard my remarks and believed that I was critical of the Commission. I made a statement to the effect that ‘my impression’ of the developer’s application/proposal to the county was a half-hearted effort, perhaps due to the fact that the first Phases of Silver Lake Village were more easily completed under ‘grandfathered permits.’

My statement regarding the Applicant’s proposal was in no way critical of the Planning Commission or any of its members. I am genuinely sorry if any of the members interpreted my statement as such.

In 2017, Commissioner Joe Gardner and Department of Fish & Wildlife Biologist, Steve West both personally told me that the permits for the first phases of development were ‘grandfathered in.’

At least two property owners adjacent to Phase I of Silver Lake Village began to experience flooding on their properties following construction of Phase I, while the Bioswales remain dry and free of water These property owners have photos that they said they would present at the next scheduled public meeting.

In the Bank Use Plan and Critical Areas Report for the current proposal, it states that“Wetland B discharges to a backwater of Silver Lake via a culvert beneath Hall Road.” The report further states“Silver Lake drains into Outlet Creek, a tributary of the Toutle River.”

The proposed site for Phase III is at the low point of a natural historical trough that already handles runoff from a large portion of the Streeter's residential neighborhood.

Cowlitz County citizens who utilize Silver Lake for fishing, boating, kayaking, paddle boarding and other outdoor activities should be considered. There are also small businesses, such as Fishing Guides, motels and campgrounds who depend on the lake. We also have concerns about fire safety and the issue of evacuation in the event of a wildfire or other emergency.

I’ve included three questions for the workshop at your next scheduled hearing and we would appreciate it if you could please ask Paul Morin and Nick Little to explain these topics for us in layman’s terms.

Thank you for your consideration and your continued attention to the merits and risks of the current proposal. We appreciate your time and your service.

Suzanne Larson

larsosj@comcast.net

360 431 1371

cc: Paul Morin

Questions:

1.) Homeowners adjacent to Silver Lake Village, Phase I report that runoff is flooding their properties, while the Bioswales remain dry. Should the County investigate the problems with the contractor’s Bioswales before approving construction in Phase 3?

2.) In the Bank Use Plan and Critical Areas Report of the current proposal, the Applicant suggests purchasing credits from the Coweeman Bank. Could you please ask Paul Morin and Nick Little to explain in layman’s terms where the exchange property would be located, and how that exchange of land would prevent pollutants from Phase III from entering the waters of Silver Lake?

3.) The median annual income in Cowlitz County is approximately $30,000. Has the Applicant submitted support for his statement that there is a need for homes in the Silver Lake Village price range?

Sent from Mail for Windows

Questions and Comments:

1. The Applicant states that there is no lake in the vicinity of the proposed site, but also references Silver Lake in the application’s supporting documents. Does the Applicant plan to submit a report regarding risks to Riparian Habitat in accordance with State guidelines and regulations?

2. How do purchased credits from the Coweeman River Wetland and Conservation Bank mitigate the threat to the actual Wetlands and Wildlife Habitat located on the proposed project site?

3. How is the Critical Areas Report for Phase II valid for this proposed project, considering that the current parcel in question has a much larger area designated as critical wetland than Phase II?

4. Why did both the Applicant and the County fail to contact the State Department of Fish & Wildlife?

5. When will the Applicant work with a biologist and provide the county with a report regarding Priority Habitat for Wildlife?

6. When will the Applicant provide a report on Priority Riparian issues?

7. Why did the Applicant fail to list Wildlife on the Application, including endangered or threatened species such as the Golden Eagle or Spotted Owl?

The following is a list of wildlife known to, or likely to utilize the site for food and cover, or to inhabit or breed and raise young within the proposed site:

Black Tailed Deer

Rocky Mountain Elk

Golden Eagle – State Listed Priority

Bald Eagle

Osprey

Hawks

Owls – Including Endangered Spotted Owl

Red winged blackbird

Finch

Sparrow

Chickadee

Raccoon

Opossum

Weasel

Porcupine

Woodpeckers

Nuthatch

8. Will the County and/or Applicant work with the State Department of Fish and Wildlife to assess the threat to wildlife prior to the granting of a permit?

COMMENT - WAC 365-195-915 states that a county or city departing from sciencebased recommendations should “Identify potential risks to the functions and values of the critical area or areas at issue,” and “adopt criteria to ensure that the best available science is included in every review of an application for an administrative variance or exemption.”

The WAC states that the SEPA review…provides an opportunity to establish and publish the record of the assessment.

9. Has the county complied with the mandates in WAC 365-195-915?

10. Has the Applicant named a third party designee in accordance with RCW 64.04.130 regarding a conservation easement?

11. Considering that the Median Income in Cowlitz County is under $30,000 annually, what evidence has the Applicant submitted to support the statement that there is need for homes in this price range?

12. Have the appropriate leaching tests been completed on this specific parcel? A resident in the previous Silver Lake Village phase stated that they could not plant flowers in their backyard because the soil is clay.

13. What type of leaching tests would be required for the proposed fill materials if this permit is granted, and how would these comply with State and Federal regulations?

OBJECTION: The Applicant states that the proposed land use for the development is similar to the land use of the surrounding area when, in fact the site is bordered by land that is designated as Forest only. The only similar land use adjacent to the proposed site is the subdivision built previously by the applicant.

COMMENT - In a letter to the county, the Applicant states that this permit for additional housing should be granted because there is already a large number of home in the Silver Lake area. This argument would suggest that the remaining wetlands and wildlife habitat should be preserved, not destroyed.

From: Suzanne Larson

Sent: Tuesday, January 17, 2023 4:25 PM

To: Morin, Paul

Subject: Hall Road Subdivision Quesons

Dear Mr. Morin,

The following quesons were inadvertently omied from my previous Email. We would appreciate it if these could be addressed at the Public Hearing on Wednesday.

Thank you,

Suzanne Larson

11. Considering that the Median Income in Cowlitz County is under $30,000 annually, what evidence has the Applicant submitted to support the statement that there is need for homes in this price range?

12 Have the appropriate leaching tests been completed on this specific parcel? A resident in the previous Silver Lake Village phase stated that they could not plant flowers in their backyard because the soil is clay.

13 What type of leaching tests would be required for the proposed fill materials if this permit is granted, and how would these comply with State and Federal regulations?

OBJECTION: TheApplicant states that the proposed land use for the development is similar to the land use of the surrounding area when, in fact the site is bordered by land that is designated as Forest only The only similar land use adjacent to the proposed site is the subdivision built previously by the applicant

COMMENT - In a letter to the county, the Applicant states that this permit for additional housing should be granted because there is already a large number of home in the Silver Lake area. This argument would suggest that the remaining wetlands and wildlife habitat should be preserved, not destroyed.

Sent from Mail for Windows

From: B K <brelkelly2019@gmail com>

Sent: Wednesday, January 18, 2023 5:04 PM

To: Morin, Paul

Subject: Re: Hall road subdivision

I’m also wondering why fish and wildlife hasn’t been brought into this? They haven’t provided any impact reports? Why?

Sent from my iPhone

> On Jan 18, 2023, at 5:00 PM, Morin, Paul <MorinP@cowlitzwa.gov> wrote: >

> Hello,

> Thank you, I will include this with the public comments for tonight's meeng.

> > -Paul > >

> Paul Morin |Policy & Outreach Planner

> Cowlitz County Building & Planning

> 207 4th Avenue N #119

> Kelso, WA 98626

> (360)577-3052 x6677

> > -----Original Message-----

> From: B K <brelkelly2019@gmail.com>

> Sent: Wednesday, January 18, 2023 4:33 PM

> To: Morin, Paul <MorinP@cowlitzwa.gov>

> Subject: Hall road subdivision

> In reference to the planned subdivision on Hall road in Silver Lake, the residents of the Silver Lake and Toutle communies do not want nor do we support the development of a subdivision which will encroach on protected wetlands as well as elk habitat. I am sure the EPA would block this development as it is on wetland, an area with a long history. We do not want to see it destroyed. Please reject this development proposal.

> Thanks

> Bre Kelly

> Toutle WA >

> Sent from my iPhone

From: B K

Sent: Wednesday, January 18, 2023 4:33 PM

To: Morin, Paul

Subject: Hall road subdivision

In reference to the planned subdivision on Hall road in Silver Lake, the residents of the Silver Lake and Toutle communies do not want nor do we support the development of a subdivision which will encroach on protected wetlands as well as elk habitat I am sure the EPA would block this development as it is on wetland, an area with a long history We do not want to see it destroyed Please reject this development proposal

Thanks

Bre Kelly

Toutle WA

Sent from my iPhone

AS-12714 7.

BOCC Agenda

Meeting Date: 03/28/2023

BID OPENING - 28 - 100 X 200 Feet Scrim Reinforced Polyethylene Geomembrane

Submitted For: Shawn Roewe, Public Works

Department: Public Works

Submitted By: Emilie Cochrane, Public Works

Information

Subject and Summary Statement

Bids for twenty eight (28) 100' x 200' Scrim Reinforced Polyethylene Geomembrane are scheduled to be opened at 11:00 a.m. on March 28, 2023.

Will Staff Attend - NAME OF STAFF or No

Yes

Department Recommendation

It is the recommendation of the Department of Public Works that the Board open bids as scheduled.

Attachments

Bid Results Worksheet

Form Started By: Emilie Cochrane

Final Approval Date: 03/21/2023

Form Review

Started On: 03/21/2023 02:07 PM

DEPARTMENT OF PUBLIC WORKS

1600 – 13th Avenue South

Kelso, WA 98626

TEL (360) 577-3030

FAX (360) 636-0845

Washington Relay Service 711 or (888) 833-8633

www.co.cowlitz.wa.us/publicworks/

PRELIMINARY BID RESULTS

Board of County Commissioners

Arne Mortensen District 1

Dennis P. Weber District 2

Richard R. Dahl District 3

FOURTEEN (14) 200 FT. x 200 FT. SCRIM REINFORCED POLYETHYLENE GEOMEMBRANE

BIDS OPEN: March 28, 2023 @ 11:00 A.M.