thurston county community planning & economic …

COUNTY COMMISSIONERS

Carolina Mejia District One Gary Edwards District Two Tye Menser District Three

COMMUNITY PLANNING & ECONOMIC DEVELOPMENT DEPARTMENT

Creating Solutions for Our Future Joshua Cummings, Director

2000 Lakeridge Drive SW, Olympia, Washington 98502 (360) 786-5490/FAX (360) 754-2939 TTY/TDD call 711 or 1-800-833-6388 Website: www.co.thurston.wa.us/permitting

THURSTON COUNTY COMMUNITY PLANNING & ECONOMIC DEVELOPMENT DEPARTMENT STAFF REPORT

PUBLIC HEARING

May 25, 2021

PROJECT NO: 2020105827

PROJECT SEQUENCE NO: 20 114551 ZM

APPLICANT / PROPONENT: Washington State Department of Social and Health Services

REQUEST

The applicant and project proponent request approval of a special use permit for an essential public facility, to build a new single-story building of 16,600 square feet for a residential treatment facility with 16 beds. The proposal includes associated parking and site improvements on the existing Maple Lane School campus. The current fence enclosure will be realigned to exclude this new facility from the existing jail.

GENERAL INFORMATION

A. Project Proponent: WA State Department of Social and Health Services Larry Covey Office of Capital Programs, PO Box 45848 Olympia WA 98504 360 664 6181 [email protected]

B. Applicant / Representative: BCRAChristine Phillips 2106 Pacific Ave, Suite 300 Tacoma WA 98402 253 627 4367 [email protected]

http://www.co.thurston.wa.us/permitting

2020105827 Maple Lane 16 bed RTF

C. Owner: WA State Department of Corrections PO Box 41100 Tumwater WA 98504 360 725 8354 D. Location: 20311 Old Highway 9 SW, Rochester WA E. Legal Description: Section 14 Township 15 Range 3W PTN W2 DESC 88/451 BAP

599.81F S OF N4COR ON SWLY F. Land Area: 209.52 acres

PROJECT DESCRIPTION

The applicant has requested approval of a special use permit for an essential public facility, to build a new single story building of 16,600 square feet for a residential treatment facility with 16 beds. The building will provide 90-day to 180-day behavioral treatment for up to 16 individuals. The proposal includes associated parking and site improvements on the existing Maple Lane School campus. The current fence enclosure will be realigned to exclude this new facility from the jail. The facility itself will provide secure civil behavioral health services but will not be enclosed by the secure fence perimeter as it is a civil facility rather than an incarceration facility. Per WAC 246-337, “Residential Treatment Facility” or “RTF” means a facility in which twenty-four hour on-site care is provided for the evaluation, stabilization, or treatment of residents for substance use, mental health, co-occurring disorders, or for drug exposed infants. The 90/180 Civil Commitment program shall serve adults who are court ordered to inpatient behavioral health treatment for 90/180 days under the Involuntary Treatment Act. The facility will ideally serve residents of Thurston County and the surrounding areas. There is a more detailed project description regarding the building setup and daily operations in the narrative (Attachment k). BACKGROUND The property has two zoning districts: the north portion under consideration is zoned Planned Industrial Park (PI) within the Grand Mound Urban Growth Area, and the lower 155 acres is zoned Long Term Agriculture (LTA) within rural Thurston County (Attachment b). The proposal is located within the PI District which permits essential public facilities (EPF) with a Special Use Permit by Hearing Examiner approval, per Thurston County Code (TCC) 20.54(11.3). This is a proposal for a new in-patient mental health facility for the Department of Social and Health Services (DSHS) added to the existing Maple Lane School Campus which is currently a Department of Corrections facility (Attachment e and f). The Maple Lane School site was originally a juvenile detention facility since 1913. The campus has morphed over the years and is now a warm closed correctional facility. A recent 2015 Special Use permit approval converted the existing juvenile detention facility to a jail. The proposed use is a civil facility


rather than correctional and therefore will be separate from the main campus with the fence rerouted to exclude the new building, parking, and access. The subject property is accessed via Old Highway 9 SW. Topographically, the northern portion of the site is relatively flat. The south and eastern sides of the property have a lower elevation and contain wetlands, flood zone, and riparian areas abutting Prairie Creek and the Chehalis River. The Shoreline Master Program for the Thurston Region (SMPTR) designates Prairie Creek as a Rural shoreline. The upper portion of the Maple Lane School campus contains existing buildings related to the prior, and current detention facilities. Surrounding land use consists of Long Term Agriculture to the south/southwest; Rural Residential/Resource 1/5 to the north/northwest and east; and Residential 3-6/1 across the railroad tracks. NOTIFICATION Applications for essential public facility requests must comply with TCC 20.54.065 facility type identification, and public noticing requirements prior to application submittal. The applicant submitted a legal notice within a local newspaper, The Chronicle, as well as a website press release, noticing a public zoom meeting and public comment request for the proposed facility in a timely manner (Attachments h and i). A Notice of Application was mailed to property owners within 500 feet of the site on February 3, 2021 (Attachment kk). Written notice of the public hearing was sent to all property owners within 500 feet of the site and to others who had requested notice. Notice of the public hearing was published in The Olympian on May 14, 2021 at least ten (10) days prior to the hearing (Attachment a). CRITICAL AREAS (Title 24) A Critical Area Determination application was submitted with the Special Use Permit application on December 2, 2020 (folder number 20-114552 XD; Attachment uu). The subject parcel contains a high groundwater hazard, mapped landslide hazard areas, two streams, jurisdictional wetlands, flood zone, and soils that may contain Mazama pocket gophers and prairie, including Oregon white oaks (Attachment c and d). On November 2, 2015, US Fish and Wildlife Service declared the developed property free of Mazama pocket gophers. A second series of gopher surveys were completed in 2018 by consultants Theresa Dusek and Mark Heckert, summarized in the October 18, 2018 Mazama pocket gopher screening report (Attachment o). During the 2018 survey several positive gopher mounds were found on the north and south side of Grand Mound Way. The current proposal is entirely within the developed portion of the subject property where no positive gopher mounds were found in 2018, referred to as Screening Area A in the report. The gopher review has a 3 year vesting period, until the end of 2021. Off site utility connections will be made to the existing power poles and utility boxes near Tea St SW (Attachment q, r, ee, and ff). The current proposal is exempt from further gopher and prairie review. Offsite utility connections shall involve best management practices to avoid new ground disturbance within road right of way areas outside the subject property gopher clearance zone. No existing Oregon white oaks are proposed to be impacted by the proposal (Attachments t and aa).


Adjacent wetlands and Prairie creek were evaluated by Land Services NW in October 2020 (Attachment p). Prairie Creek is a designated Type F stream with a channel width of over 20 feet, which triggers a riparian habitat area width of 250 feet. The two riverine wetlands associated with Prairie Creek are rated as Category II, with standard buffers of 220 feet. The riparian habitat area, and wetland buffers are functionally isolated from the proposed development area by the portion of existing perimeter road and fence foundation that shall remain, per TCC 24.25.025(B), and 24.30.050(B). Prairie Creek flood zone is mapped as a Rural shoreline for the SMPTR. The shoreline designation is associated with an outdated FEMA flood zone classification which has recently been updated in the FEMA flood maps, but not in the Shoreline Master Program mapping yet. The current FEMA flood zone no longer extends up into Prairie Creek (Attachments c and s). Per the SMPTR, Section five, Chapter I and II, if the boundaries on the map conflict with the criteria (flood zone), then the criteria shall control. Thus, the proposal is not currently adjacent to or within a regulated shoreline jurisdiction, and no shoreline permits are required. All work proposed with the Special Use Permit is expected to have no additional impact on the critical areas that exist on any portion of the parcel.

ANALYSIS

A. Zoning (Title 20)

The site is zoned PI within the Grand Mound Urban Growth Area, which permits EPF after approval of a Special Use Permit by the Hearing Examiner (TCC 20.54.015(2)), subject to the following standards:


B. Special Use (20.54)

General standards for all special uses (20.54.040): 1. Plans, Regulations, Laws. The proposed use at the specified location shall comply with the

Thurston County Comprehensive Plan and all applicable federal, state, regional, and Thurston County laws or plans.

Staff comments: As proposed and conditioned, staff believes the proposal complies with all known applicable laws and plans. The project is designed to be in compliance with the requirements for locating EPF including state WAC's and RCW's (Attachments f, l, and n), TCC Chapter 20.54. 065, and the County' s Comprehensive Plan (adopted December 2020), Chapter Two - Land Use (specifically section V.A.); Chapter Eight - Economic Development; Chapter Nine - Natural Environment; Chapter Ten - Archaeological and Historic Resources; and Chapter Eleven – Health (specifically II.A. 5.1).

2. Underlying Zoning District. The proposed use shall comply with the general purposes and

intent of the applicable zoning district regulations and subarea plans. Open space, lot, setback and bulk requirements shall be no less than that specified for the zoning district in which the proposed use is located unless specifically provided otherwise in this chapter. Staff comments: As proposed and conditioned, staff believes the proposal will comply with zoning district regulations. Per TCC 20.27.010, PI district usage includes, “certain special uses, such as public correctional facilities, are also considered compatible uses within this district, subject to approval of a special use permit.” The proposal is to build a new EPF within the existing Maple Lane School campus development area. The proposal meets all development standards outlined in TCC 20.27.040, and the Grand Mound Development Guidelines (1998) for setbacks, lot coverage, height limits, landscaping, and transportation (Attachments l, m, u, y, z, aa, bb, and cc). All performance standards listed in TCC 20.27.050 shall be met at the time of building permit submittal for noise, vibration, smoke and particulate matter; odors, heat and glare (Attachment ii). Please also see pages 54 – 61 of the DSHS Pre-Design report (Attachment n) for detailed analysis of the preferred site location in which site selection criteria were considered and prioritized.

3. Location. No application for a special use shall be approved unless a specific finding is made that the proposed special use is appropriate in the location for which it is proposed. This finding shall be based on the following criteria:

a. Impact.

The proposed use shall not result in substantial or undue adverse effects on adjacent property, neighborhood character, natural environment, traffic conditions, parking, public property or facilities, or other matters affecting the public health, safety and welfare. However, if the proposed use is a public facility or utility deemed to be of overriding public benefit, and if measures are taken and conditions imposed to mitigate adverse effects to the extent reasonably possible, the permit may be granted even though the adverse effects may occur.


Staff comments: Staff believes that the proposal will not have substantial or undue adverse impact on the surrounding area. The location is appropriate for the use. The facility is proposed to be added to the existing Maple Lane School Campus which is currently a Department of Corrections facility. Providing similar public health services in one location is a logical use of the existing land within the parcel. An Environmental Checklist (SEPA) has been prepared to assess potential project impacts, and a Mitigated Determination of Non -Significance (MDNS) was issued by DSHS (Attachments ll and mm). Public comments have concerned security measures, proximity to existing schools, traffic concerns, and aquifer impacts (Attachments vv and ww). As a civil commitment facility, there are no additional setback standards from existing schools, unlike an incarceration facility. The applicant submitted responses to each public comment addressing these concerns (Attachments gg and hh). In addition, the following project details support Staff conclusions that the proposal will not have substantial or undue adverse impact on the surrounding area. Traffic impact analysis indicates minimal traffic impacts with mitigation of any traffic impacts via required traffic impact fees (Attachment u). In addition, a separate road entrance from the main Maple Lane campus is proposed for the new facility. Thurston County Public Health and Public Works staff have reviewed the proposal for water and sewer availability and have provided project approval subject to conditions listed at the end of this staff report. The 90- to 180- day civil commitment facility is a locked facility. Patients can move about freely inside of the unit, but they are not allowed to leave until they have completed their treatment. All exterior doors are locked. The outdoor areas are securely enclosed with anti-climb walls that are twelve feet tall. The facility is staffed 24 hours per day, seven days per week. Staff are trained in de-escalation strategies and emergency management processes to minimize calls to law enforcement and the fire department. At the main entry and exit points there is a sally-port. The sally-port functions as a secure vestibule where there are two doors in a series, and they are programmed so that both doors cannot be open at the same time. If one door is breeched, there is a second locked door to prevent elopement. There is no patient access to the outside of the facility unless it is for a scheduled appointment. All outside appointments will include two staff members to escort each patient. Internal video cameras and sufficient staffing ensure patients are monitored and accounted for throughout the day and evening. There is no public access to the building. Visitors will include family and friends of the patients during scheduled visiting hours. The visits will occur within staff-supervised areas of the building (Attachment k). The above traffic analysis, utility review, security measures, structural design, and appropriate buffer setbacks from critical areas shall ensure there is little to no adverse impact from the proposed facility.

b. Services.

The use will be adequately served by and will not impose an undue burden on any of the improvements, facilities, utilities, or services existing or planned to serve the area.

Staff comments: All necessary public facilities, utilities, and services are available to the site and have capacity for the proposed project, per the conditions placed by


the County Public Works Department, and Public Health and Social Services Department (Attachments nn and oo). Please also see associated review documents related to the Public Works and Public Health reviews (Attachments w, x, z, ee, ff, and jj).

TCC 20.54.050: In addition to those standards set forth in this chapter with regard to both general and specific standards which must be met, the approval authority may impose such additional conditions, safeguards and restrictions upon the proposed use as it may deem necessary in the public interest.

Staff comments: Staff has no additional conditions except those outlined in the conditions at the end of this report.

Specific Application Standards for Essential Public Facilities TCC 20.54.065 Applications for uses which qualify as essential public facilities are subject to the following requirements:

1. In order to enable the director to determine the appropriate classification for the use, at least ninety days before submitting an application, the prospective applicant shall identify the approximate geographic area within which the proposed use could potentially have adverse impacts, such as increased traffic, public safety risks, noise, glare, emissions, or other environmental impacts. Classifications are as follows:

a. Type 1—Multi-County Facilities. These are major facilities serving or potentially affecting more than one county. These facilities include, but are not limited to, regional transportation facilities, such as regional airports, state correction facilities, and state educational facilities. b. Type 2. These are local or inter-local facilities serving or potentially affecting residents or property in more than one jurisdiction. They could include, but are not limited to, county jails, county landfills, community colleges, secure community transition facilities, sewage treatment facilities, communication towers, and inpatient facilities (e.g., substance abuse facilities, mental health facilities, and group homes). Note: Such facilities which would not have impacts beyond the jurisdiction in which they are proposed to be located would be Type 3 facilities. c. Type 3. These are facilities serving or potentially affecting only the jurisdiction in which they are proposed to be located. Staff comments: The proposed essential public facility was deemed to be a Type 2 facility (Attachment g).

3. Type 2 Facilities. The following requirements apply to those essential public facilities identified as Type 2 facilities by the director:

a. At least ninety days before submitting a special use permit application for a Type 2 essential public facility, the prospective applicant shall notify the affected public and jurisdictions of the general type and nature of the proposal, identify sites under consideration for accommodating the proposed facility, and identify opportunities to comment to the county on the proposal.

Staff comments: Staff confirms the above criteria was met. The applicant provided copies of the public notice provided prior to application submittal. A legal notice was posted in the Chronicle on August 6, 2020, and a link to the website with the proposal


information was included in the notice (Attachment h). The website also posted notice for a community meeting on September 3, 2020, and had links for public comments (Attachment i). The community meeting was held by the applicant on September 17, 2020 to share project information and provide opportunity for early public comment, with all public comments submitted from that meeting (Attachment j).

Specific Standards for Essential Public Facilities TCC 20.54.070(11.3)

11.3. Essential Public Facilities

a. The applicant shall demonstrate that the proposed use will not have any probable significant adverse impact on critical areas; lands within any long-term agriculture district, long-term forestry district, or Nisqually agricultural district; or designated mineral resource lands, except for lineal facilities, such as highways, where no feasible alternative exists.

Staff comments: Staff believes that the proposed use will not have any probable significant adverse impacts on the above lands. The proposed development is within a fenced area that has historical substantial site development. There are no lands of long-term agriculture, forestry, or mineral resource lands that will be impacted by the proposal. The proposed structure and parking are outside the most restrictive critical area buffers. Proposed stormwater management and landscaping shall provide ground water infiltration, and buffer adjacent critical areas.

b. Major public facilities which generate substantial traffic shall be sited near major transportation corridors.

Staff comments: Staff believes the proposal will not generate a substantial increase to existing traffic levels at the Maple Lane School campus. A traffic impact analysis submitted by the applicant indicated “low congestion associated with the addition of the project.” Based on the data, 145 average daily trips and 10 PM peak hour trips occurring between 4 and 6 pm were estimated to/from the site. The traffic analysis predicted no future level of service issues when projected into 2025 (Attachment u).

C. Environmental Review The proposed Special Use Permit was reviewed for compliance with the Thurston County Critical Areas Ordinance (Title 24) via permit 20-114552 XD, and the critical area determination was issued May 5, 2021 (Attachment xx). The submitted wetland and stream assessment report dated November 30, 2020 by Land Services NW was reviewed and accepted by Thurston County (Attachment p), as was the prior submitted October 18, 2018 Mazama pocket gopher screening by Theresa Dusek (Attachment o). Thurston County flood review was completed, and the project does not impact any documented flood zones. An Environmental Checklist was completed by the applicant (Attachment mm), and a SEPA MDNS (Attachment ll) was issued for the project on December 2, 2020 by DSHS as the lead agency and became final on January 6, 2021. The final SEPA determination was not appealed.


E. Commenting Agencies and Tribes

Staff from the Thurston County Public Health and Social Services Department submitted comments on this proposal (Attachments nn). The Public Health and Social Services Department recommends approval of the application subject to conditions. Staff from the Thurston County Public Works Department submitted comments on this proposal (Attachments oo). The Public Works Department recommends approval of the application subject to conditions. Thurston County Geotechnical reviewer Mark Biever submitted comments on the submitted draft Geotechnical report (Attachment pp). The Department of Archaeology and Historic Preservation submitted comments on this proposal (Attachment rr), and concurs with the determination of no cultural resource impacts with a stipulations for professional archaeological monitoring as detailed on pages 18-19 of the Cultural Resource Survey report and for an unanticipated discovery plan (Attachment dd; applicant declined full report submittal per RCW 42.56.300).

The Squaxin Island Tribe submitted comment emails stating that they have no further concerns (Attachment ss). The WA Department of Ecology submitted comments on this proposal, which were included as conditions of approval (Attachment qq). Thurston County Historic Commission submitted a comment email (Attachment tt), stating they have no comments.

F. Public Comment

Public comments were submitted with the initial application, from the pre-application essential public facility noticing and public meeting (Attachment j). Public comments were received in response to the Notice of Application from: the Rochester School District, No. 401 (Attachment vv); and from a member of the public, Elizabeth Hart (Attachment ww). Public comments concerned safety measures, proximity to existing schools, traffic concerns, and aquifer impacts. The applicant submitted responses to each public comment addressing these concerns (Attachments gg and hh).

G. Determination of consistency

As proposed and conditioned, the project is consistent with the Thurston County Comprehensive Plan and all other applicable policies and ordinances for the siting of essential public facilities.


DEPARTMENT RECOMMENDATION If the Hearings Examiner finds that the criteria for approval are satisfied, Staff recommends the following conditions to ensure compliance with applicable development standards and regulations: Public Health and Social Services Department Conditions:

1. Prior to building permit issuance, documentation confirming that the fuel tank, day tank under the generator and all associated piping for the generator meet all secondary containment requirements must be submitted for review and approval.

2. Prior to final building occupancy approval, written confirmation of final sewer extension

approval from Grand Mound must be submitted to this office.

3. Prior to final building occupancy approval, written confirmation of final water extension approval from Maple Lane Group A public water system must be submitted to this office.

Public Works Conditions: ROADS

4. The proposed roadway in concept and design shall conform to the Road Standards.

5. A construction permit shall be acquired from the Thurston County Public Works – Development Review Section prior to any construction.

6. All access points with sight distance issues or abutting arterial or collector roadways shall be

installed prior to final approval. TRAFFIC CONTROL DEVICES

7. All traffic control devices shall be designed, located, manufactured, and installed in accordance with the Road Standards, Manual of Uniform Traffic Control Devices and applicable WSDOT Standards & Specifications. A sign and striping plan shall be incorporated into the construction drawings for the project. Please contact Thurston County Public Works – Development Review Section Staff to obtain the most current Thurston County guidelines.

8. County forces may remove any traffic control device constructed within the County right-of-

way not approved by this division and any liability incurred by the County due to non-conformance by the applicant shall be transferred to the applicant.

DRAINAGE

9. The storm water management system shall conform to the Drainage Design & Erosion Control Manual.

10. All drainage facilities outside of the County right-of-way shall remain private and be

maintained by the developer, owner and/or the property owners association.


11. Storm water runoff shall be controlled through all phases of the project by facilities designed to control the quality and quantity of discharges and shall not alter nor impact any existing drainage or other properties.

UTILITIES

12. The proposed water and sewer system shall be designed in accordance with the standards and specification of the respective utility purveyor. All water and sewer plans are subject to review and acceptance by the respective utility purveyor.

13. All proposed plans, construction methods, and construction materials must conform to the

Thurston County Water and Sewer Development Standards. A copy of the current Water and Sewer Development Standards can be found on the Public Works’ Website (https://www.co.thurston.wa.us/publicworks/delectus.html).

14. The dumpster pad drain shall not be connected to the sanitary sewer.

15. Applicant shall submit, with their building permit application, an Abbreviated Water and Sewer

Plan in accordance with Thurston County Water and Sewer Development Standards pages 3-5.

16. Proposed utility work within the Thurston County Right of Way shall conform to the Road Standards and Chapter 13.56 Thurston County Code. These standards do not address specific utility design requirements but rather only items such as restoration of the County right of way and traffic control.

a. Placement of utilities within the County right of way will require a Franchise Agreement with Thurston County pursuant to Title 13.56 TCC. This agreement shall be executed with Thurston County prior to final approval. b. Please note all utilities placed parallel to and within the pavement structure are required to rebuild a minimum of half the road, to include grinding and replacement of a minimum of 0.20’ of asphalt concrete pavement.

RIGHT-OF-WAY & SURVEY

17. Permanent survey control need to be placed to establish all public street centerlines, intersections, angle points, curves, subdivision boundaries and other points of control.

18. Permanent survey control monuments shall be installed in accordance with the standards

provided by the Thurston County Public Works – Survey Division. The Survey Division can be reached at 754-4580.

TRAFFIC

19. Per Thurston County Resolution 14820, traffic impact fees shall be paid prior to issuing any building permits associated with this project.

GENERAL CONDITIONS

20. No work shall take place until a construction permit has been issued by Thurston County Public Works – Development Review Section.


21. The proposed grading or site work shall conform to Appendix J of the International Building Code, Title 14.37 of the Thurston County Code and Drainage Design & Erosion Control Manual.

22. When all construction/improvements have been completed, contact the Thurston County Public

Works – Development Review Section at 360-867-2051 for a final inspection.

23. This approval does not relieve the Applicant from compliance with all other local, state and/or federal approvals, permits, and/or laws necessary to conduct the development activity for which this permit is issued. Any additional permits and/or approvals shall be the responsibility of the Applicant. One permit that may be required is a Construction Stormwater Permit from the Washington State Department of Ecology. Information on when a permit is required, and the application can be found at: http://www.ecy.wa.gov/programs/wq/stormwater/construction/permit.html. Any additional permits and/or approvals shall be the responsibility of the Applicant.

PROJECT SPECIFIC CONDITIONS

24. Once the planning department has issued the official preliminary approval, submit two complete full size sets of construction drawings, the final drainage and erosion control report and all applicable checklists along with an electronic copy to Thurston County Public Works – Development Review Section for review and acceptance. The Final Drainage Report shall address all comment in the Stormwater Scoping Report Response dated 1-20-21 which can be found at: https://weblink.co.thurston.wa.us/dspublic/0/doc/14201877/Page1.aspx

25. PRIOR to construction, the applicant shall:

a. Pay outstanding construction review and inspection fees* b. Receive erosion and sediment control permit c. Have the erosion and sediment control inspected and accepted d. Receive a construction permit e. Schedule a pre-construction conference with county staff. * The current fee schedule can be found online at http://www.co.thurston.wa.us/permitting/fees/fees-home.html or contact Ruthie Padilla with the Thurston County Public Works – Development Review Section by phone at 360-867-2050, or by e-mail at [email protected]. Community Planning and Economic Development Conditions:

26. 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 storm drains that lead to waters of the state. Sand, silt, clay particles, and soil will damage aquatic habitat and are 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.


27. 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 the 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 for proper management of these materials.

28. Any ground disturbance related to offsite utilities outside of the gopher clearance area, Screening Area A, shall be conducted with best management practices to avoid potential take of Mazama pocket gopher. Gopher take avoidance shall be achieved by working within existing impervious surface areas near the edge of existing roads and utilities or by connecting directly to existing utility poles.

29. This property is mapped with soils that often contain the presence of priority species and habitat, which are protected by TCC 24, Critical Areas Ordinance. The requested development activity is planned to take place on a soil type, or area, which may provide habitat for the Mazama pocket gopher, or where the Mazama pocket gopher has either been found or is suspected to be located. Approval of this and other County permits may be superseded by federal law. If any are found during construction, the applicant should contact the U. S. Fish and Wildlife Services.

30. All required landscaping shall be installed prior to occupancy. In lieu of such installation, the

applicant shall provide security in the amount of 100% of the cost of plant materials plus installation, to ensure that the landscape and irrigation improvements are installed in accordance with the approved landscape and irrigation plans within a period of nine months from the date of issuance of final certificate of occupancy.

31. Oak tree protection shall be in place prior to ground disturbance and building permit issuance per the submitted arborist report and landscape plans.

32. Applicant shall submit a final geotechnical report for the proposal at the time of building permit application.

33. Lighting shall be designed and shall function in a manner that shields direct light from adjoining streets and properties.

34. The Applicant and subsequent property owners must comply with all requirements of state and/or federal law to avoid disturbance and alteration of artifacts, remains, or other cultural resources on site during development. In the event of inadvertent disturbance or alteration, the Applicant must immediately stop work and contact the Tribe and the State Department of Archaeology and Historic Preservation (DAHP). In addition, per the DAHP comments, applicant shall comply with the stipulations for professional archaeological monitoring as detailed on pages 18-19 of the Cultural Resources Survey report and for an unanticipated discovery plan (Attachment dd).

35. All site development shall be in substantial compliance with the approved site plans, and

associated documents, such as the draft geotechnical report (Attachment v), Integrated Pest


Management Plan (Attachment w), and drainage plan (Attachment x). Any expansion or alteration of this use will require approval of a new or amended special use permit. Community Planning and Economic Development will determine if any proposed amendment is substantial enough to require Hearing Examiner approval.

36. New address assigned for proposal is: 20345 Old Hwy 9 SW, Rochester WA 98579.

Heather Tschaekofske Associate Planner/Biologist q:\planning\amanda save file\residential project review\heather's files\special use zm\2020105827 maple lane facility\2020105827 maplelane behavioral health community rtf sup draft staff report ht.doc


LIST OF EXHIBITS

EXHIBIT 1 Community Planning and Economic Development Staff Report including the following attachments:

Attachment a Notice of Public Hearing Attachment b Zoning map Attachment c Flood, streams, and wetlands map Attachment d High ground water, gopher and prairie soils map Attachment e Master Application, submitted December 2, 2020

Attachment f Special Use Permit Application, submitted December 2, 2020 Attachment g County concurrence email regarding determination of essential public

facility type, dated July 22, 2020 Attachment h Public notice of essential public facility in newspaper, dated August 6,

2020 (pre-application) Attachment i Website press release for public meeting on zoom and public comment

request, dated September 3, 2020 (pre-application)

Attachment j Public comments from community zoom meeting on September 17, 2020, (pre-application)

Attachment k Narrative, submitted December 2, 2020 (revised narrative submitted

February 10, 2021) Attachment l DSHS Special Use criteria response, submitted December 2, 2020

Attachment m Site plans, submitted December 2, 2020 Attachment n DSHS Behavioral Health Community Civil 16-bed capacity pre-design

report, submitted December 2, 2020 Attachment o Mazama pocket gopher screening report dated October 18, 2018 Attachment p Wetland and stream assessment dated November 30, 2020 Attachment q DSHS email from Zachary Crum regarding MPG areas of disturbance

dated February 25, 2021


Attachment r Utility line site plan for gopher review, submitted April 2, 2021 Attachment s Flood mapping information from applicant, submitted January 4, 2021 Attachment t Arborist report, dated November 5, 2020 Attachment u Traffic impact analysis, dated November 20, 2020, and recommended

parking estimate letter, dated February 2, 2021 Attachment v Draft Geotechnical report for future building, dated October 9, 2020 Attachment w Integrated Pest Management Plans, dated February 9, and March 12,

2021 Attachment x Preliminary Drainage and Erosion Control Plan, dated November 2020 Attachment y Revised site plans, dated January 25, 2021 Attachment z Stormwater site plans, dated January 25, 2021 Attachment aa Landscape and Irrigation site plan, dated February 22, 2021 Attachment bb Lighting site plan, dated January 25, 2021 Attachment cc Sign plan, submitted March 23, 2021 Attachment dd Cultural Resource Survey, dated January 26, 2021 (2 pages, applicant

declined full report submittal per RCW 42.56.300) Attachment ee BCRA response letter, dated February 10, 2021 Attachment ff BCRA response letter, dated March 23, 2021 Attachment gg DSHS response letter to public comment, dated March 18, 2021 Attachment hh DSHS response letter to Rochester School District public comment,

dated March 12, 2021 Attachment ii Generator specifications, submitted February 10, 2021 Attachment jj Application for water and sewer service, dated February 9, 2021, with

associated Department of Corrections water connection letters dated February 8 and 9, 2021

Attachment kk Notice of Application, dated February 3, 2021 with adjacent property

owners list within 500 foot radius


Attachment ll SEPA Mitigated Determination of Nonsignificance dated December 2,

2020, completed by DSHS as lead agency

Attachment mm SEPA Environmental Checklist, submitted December 2, 2020 Attachment nn Memo from Amy Crass, Public Health, dated March 29, 2021 Attachment oo Memo from Public Works, dated March 30, 2021 Attachment pp Comment email from Mark Biever, dated April 15, 2021 Attachment qq Comment letter from the WA Dept. of Ecology, dated February 23, 2021

Attachment rr Comment letter from the Department of Archaeology and Historic

Preservation dated October 27, 2020, and January 28, 2021 Attachment ss Comment email from the Squaxin Indian Tribe dated December 22,

2020, and February 9, 2021 Attachment tt Thurston County Historic Commission comments dated January 5, 2021 Attachment uu Other Administrative Action application (Critical Area Determination)

submitted December 2, 2020 Attachment vv Public comments from Rochester School District, No. 401 dated

February 11, 2021 Attachment ww Public comments from Elizabeth Hart dated February 22, 2021 Attachment xx Critical Area Determination letter dated May 5, 2021

thurston county community planning & economic …

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