Loading...
RES 94-12 APPROVAL OF SSDP FOR LES WILLIAMSONRESOLUTION NO. 94 - ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, APPROVING A SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT FOR LES WILLIAMSON , SSDP 07-30-93-1 WHEREAS, an application was submitted on July 30. 1993 to the City of Bainbridge Island, Washington, by Les Williamson to replace an existing 36 foot float with a 117 foot float with a 47 foot tee on an existing 125 foot dock , and WHEREAS, a public meeting was held by the City Planning Commission on February 24. 1994 , to consider the application, and WHEREAS, the City Council of the City of Bainbridge Island, Washington, has determined it to be in the public interest to adopt the Planning Commission Finding of Facts and Conclusions of Law as determined at its regular Council meeting of March 17. 1994, NOW, THEREFORE, be it resolved by the Council of the City of Bainbridge Island, Washington, as follows: Section 1. The application of Les Williamson , SSDP07-30-93-1, for replacement of 36 foot float with a 117 foot float with a 47 foot tee on an existing 125 foot dock is approved. Section 2. The Findings of Fact and Conclusions of Law, attached as Attachment 1 are hereby adopted by the City Council. Janet West, Mayor ATTEST/AUTHENTICATED: ~38AN P. KASPER, City Clerk FILED WITH THE CITY CLERK: 3-11-94 PASSED BY THE CITY COUNCIL: 3-17-94 RESOLUTION NO: 94-12 REF: C:\FORMS\CCSSDp. RES SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE MANAGEMENT SUBSTANTIAL DEVELOPMENT, CONDITIONAL USE, OR VARIANCE [X] Substantial Development Permit [ ] Conditional Use [ ] Variance Application No. SSDP07-30-93-1 Administering Agency City of Bainbridge Island Date Received July 30, 1993 Approved Denied Date of Issuance Date of Expiration Pursuant to RCW 90.58, a permit is hereby granted/denied to Les Williamson (Name of ApplicanO 563 Stetson Place SE (Address) to undertake the following development: To replace an existing 36 foot float extension with a 117 foot float with a 47 foot tee to an existin~ 125 foot Ion~ dock. upon the following property Section 34, Township 25, Range 2 East (Section, Township, Range) Within Eagle Harbor and/or its associated wetlands. (Name of Water Area) The project will not be within shorelines of statewide significance (RCW 90.03.350) (be/not be) The project will be located within a Residential designation. (Environment) The following master program provisions are applicable to this development Bainbrid~e Island Shoreline Management Master Program (BIMC 16.12.580) (State the Master Program Sections or Page Numbers}: If a conditional use or variance, also identify the portion of the master program which provides that the proposed use may be a conditional use, or that portion of the master program being varied. Development pursuant to this permit shall be undertaken pursuant to the following terms and conditions See attached Staff Report and Plannin~ Commission findings. This permit is granted pursuant to the Shoreline Management Act of 1971 and nothing in this permit shall excuse the applicant from compliance with any other federal, state or local statutes, ordinances or regulations applicable to this project, but not inconcistent with the Shoreline Management Act (Chapter 90.58 RCW). This permit may be rescinded pursuant to RCW 90.68. 140(8) in the event the permittee fails to comply with the terms of conditions hereof. CONSTRUCTION PURSUANT TO THIS PERMIT WILL NOT BEGlN OR IS NOT AUTHORIZED UNTIL THIRTY DAYS FROM THE DATE OF FILING AS DEFINED IN RCW 90.58.140(6) WAC 173-14-090, OR UNTIL ALL REVIEW PROCEEDINGS INITIATED WITHIN THIRTY DAYS FROM THE DATE OF SUCH FILING HAVE TERMINATED; EXCEPT AS PROVIDED IN RCW 90.58.140(5) (A) (B) (C) . (Signature of Authorized Local Goven.nent) THIS SECTION FOR DEPARTMENT OF ECOLOGY USE ONLY IN REGARD TO A CONDITIONAL USE OR VARIANCE PERMIT. Date received by the Department Approved Denied This conditional use/variance permit is approved/denied by the Department pursuant to chapter 90.58 RCW. Development shall be undertaken pursuant to the following additional terms and conditions: (date) (Sig~ature of Authoriz. ed Department Oj)~cial) CITY COUNCIL AGENDA BILL SUBJECT Williamson Dock SSDP 07-30-93-1 DATE March 17, 1994 AGENDA ITEM New Business BILL NO AB 3067 EXPENDITURE REQ. 8 - 0 - AMOUNT IN CURRENT BUDGET $ -0- ATTACHMENTS: Transmittal Memo, Resolution, Shoreline Permit THE FOLLOWING DOCUMENTS ARE RELEVANT: Strategic Plan Comp. Plan Zoning Ordinance RCW Shoreline Plan X BIMC Other Personnel Manual Contract/Bid Documents Environmental Policy SUMMARY STATEMENT Application for Shoreline Substantial Development Permit to replace a 36 foot float extension with a 117 foot float with a 47 foot tee on an existing 125 foot dock, at 563 Stetson Place SE, in Eagle Harbor. Approval with Conditions RECOMMENDATION MEMORANDUM OF TRANSMITTAL To: Bainbridge Island City Council From: Bainbridge Island Planning Commission Date: March 7, 1994 Williamson Shoreline Substantial Development Permit S~ARY: Mr. Les Williamson has applied for a shoreline substantial development permit to replace an existing 36 float extension with a 117 foot float extension with a 47 foot tee on an existing 125 foot dock. The subject parcel is on the north side of Eagle Harbor, at 563 Stetson Place SE. The project came before the Planning Commission on February 24, 1994, for review and recommendation. The Commission unanimously accepted the findings of fact and recommendation of the staff report dated February 18, 1994 with one additional condition added. Conditions of approval are as follows: 1. A Hydraulics Project Approval shall be obtained from the Department of Fisheries prior to the commencement of construction. 2 A permit from the Army Corps of Engineers shall be obtained prior to the commencement of construction. 3. A building permit from the City of Bainbridge Island shall be obtained prior to commencement of construction. 4. All conditions of approval of the Hydraulics Project Application shall be complied with. 5. All Army Corps of Engineers' conditions of approval shall be complied with. 6. The styrofoam floats shall be contained to prevent their deterioration and release into the water. 7. Pilings used to secure the float in place shall be made of concrete to prevent leaching of hazardous chemicals into the water. (added by Planning Commission) No public hearing was requested. The recommendation is that the City Council gram the permit without a public hearing if the conditions of approval are complied with. RECOMMENDATION: The Planning Commission recommends that the City Council adopt the findings of fact, conclusions of law and recommendation of the staff report adopted by the Planning Commission with one additional condition of approval. ATTACHMENTS: Minutes of February 24, 1994, Planning Commission Meeting Vicinity Map Plans for Proposal She listed the following agencies involved in review: DNR - Applicant proposing to lease land Dept of Fishcries - role is to protect fisheries Dept of Health - safety Department of Ecology - SEPA City of Bainbridge Island Ms. James identified the major issues raised: The effect on marine life The effect on the upland environment, mostly residential noise light intrusion on privacy She described the area to be harvested, the proposed working hours and the effect on marine life. She noted the following codes used to review this application: Kitsap County Shoreline Master Program Policies, adopted at annexation. City of Winslow Procedures Current zoning regulations Current Comprehensive Plan (The Subarea Plan and the City of Winslow Comprehensive Plan) State Environmental Policy Act (SEPA) Ms. James gave a brief description of geoducks and their habitat. Ms. James described the process for determining areas for harvest. She said the Department of Fisheries identifies general areas and does a pre-harvest survey one year ahead of harvest. This survey involves: Map eelgrass beds Counting geoducks Sampling for quality and size Identifying sensitive organisms in the area Setting harvest restrictions She said the Department of Health must certify the area as safe, and after the harvest a post harvest survey is done. Ms. James described limitations on the harvest activities. No less than 600 feet from shore noise limit of 50 decibels hours restricted to 9 AM to 4 PM MINUTES PLANNING COMMISSION FEBRUARY 24, 1994 PAGE8 Daley asked if there are setbacks, since the tee takes up the entire width of the property. Ms. Stave indicated there are no setback requirements in the tidelands. Ms. Mallin expressed concern about proliferation of moorage and suggested the need to address the concept of encouraging aggregation of docks. She was also concerned about the use of creosote. Mr. Daley said he has a problem with the width, and noted that the opportunity to utilize the dock for other boats exists. Ms. Stave said neighbors have expressed concern that the dock be used only for one boat, due to parking limitations of the street. A Department of Natural Resources representative expressed concern that the boat might be moored on state lands, but was assured that this is not the case. On motion by Wayne Daley, second by Barbara Watson, members voted unanimously to approve the Wi!llarn.qon SSDP, accepting the f'mdlngs of fact and conclusions of the Staff Report Dated February 18, 1994, and adding condition requiring concrete piling to be used for the dock extension. Geoduek Harvest SSDP09-03-92-1 Associate Planner Kathy James presented this application by the Washington State Department of Natural Resources (DNR) to obtain a Shoreline Substantial Development Permit for commercial harvest of geoduck clams in approximately 750 acres of state- owned subtidal bedlands around Balnbridge Island. Chair Curtis announced that the DNR has requested a public hearing which will be held by the Hearing Examiner, probably in March. She added that this meeting is not a public hearing, although questions may be taken after the presentation. She noted that public comment may be made by writing letters or coming to the hearing. Ms. Curtis answered questions from the audience about the intent of the meeting and the process of the public hearing. She said since new material has been delivered at the meeting and three members of the Commission are absent, the Commission may not reach a conclusion at this meeting. Ms. James said the proposed location of the harvest is a strip between minus 18 feet and minus 60 feet from zero tide. She said the proposed areas of harvest are from the Agate Pass Bridge to Manzanita Bay, and on the east side of the Island, four areas from Fay Bainbridge State Park south to Skiff Point, and from Murden Cove south to Yeomalt Point. MINUTES PLANNING COMMISSION FEBRUARY 24, 1994 PAGE7 It was clarified that Nisqually Way is unlikely to be widened. On motion by Barbara Watson, second by Wayne Daley, members voted unanimously to approve the Montgomery variance, and adopt the findings of fact and recommendation of the February 18, 1994, Staff Report. 3. Keeney Variance postponed to a future date. Sievertson Shoreline Substantial Development Permit Assistant Planner George Johnston presented this application by Norman Sievertson to construct a 72 foot dock extension to an existing 167 foot long floating dock. Mr. Johnston said one comment letter had been received from the Department of Ecology, recommending approval with the conditions on page two of the staff report dated February 18, 1994. He said he agrees with the Director and previous planner on this project, recommending approval of the dock extension. He said it is a permitted use and there are no restrictions on the length of docks. He reviewed the eight conditions in the staff report which is attached. Ms. Watson asked about the length of nearby docks. Mr. Johnston said the existing dock is like others in the area, but would extend beyond them with the extension. He explained that the applicant has a sailboat which at extreme low tide, would rest on the bottom unless the dock extends quite a distance out. Norm Sievertson, Applicant, said the 72 feet extension would give him 7.6 feet, so that at a minus 1.6 foot tide the keel would rest on the bottom. He said the boat has a six foot draft. Mr. Daley said it is a difficult area because of the shallowness. He thought the proposal would not cause any problem. Reed Hanson, a neighbor to the south. supperted the application, stating that the Seivertson's dock would be consistent with his. Mr. Daley asked what kind of pilings would be used. Mr. Seivertson said he would be using creosoted pilings which he has already obtained. Mr. Daiey said he had alternative suggestions, but since the applicant already had the pilings, he would not go into that. On motion by Wayne Daley, second by Linda Mallin, members voted unanimously MINUTES PLANNING COMMISSION FEBRUARY 24, 1994 PAGE5 to approve the Shoreline Substantial Ph-mit for the dock extension, accepting the findings of fact and recommendations of staff in the February 18, 1994, Staff Report and forwarding the application to the City Council for approval. Williamson Shoreline Substantial Development Permit Assistant Planner Marti Stave presented this application to replace an existing 36 foot float extension with aa 117 foot float extension with a 47 foot tee to an existing 125 foot long dock. She said Mr. Williamson, the Applicant, is executor of Louise Williamson's estate, and the property is being sold at the end of March to Mr. and Mrs. Gaulding who own a deep-draft sailboat. She said the existing float lies on the tide flats at low tide (approximately one half of the year. She said the proposal is subject to the Winslow Shoreline Management Master Program in the residential environment. She said it complies with all policies for this environment. She said it complies with the regulation that requires it be the minimum necessary. She said a MDNS was issued Dec 17, 1994. There were two comments received from Department of Wildlife and Department of Ecology (attachment G in the packet). She noted the letter from the Department of Wildlife, indicates the writer was confused about the location of the proposal. She said the Applicant has already received an HPA approval, which includes an error: Condition #3 will be corrected in a new HPA approval. She said approval has also been received from the Corps of Engineers. Ms. Stave recommended approval with the conditions on page two of the on staff report (which are the same as in the MDNS). The Applicant, Les Williamson noted that the existing dock goes dry at a minus 3' tide. Daley asked if there were any concerns with shaded areas. The applicant noted the dock was narrow enough to allow adequate light penetration. Mr. Daley asked the reason for the length of the Tee. Mr. Clark Gaulding stated his boat is 40' long and the proposal allows some extra pier at either end. MINUTES PLANNING COMMISSION PAGE6 FEBRUARY 24, 1994 053 ~ ~ 068 074 .47, ,,,,,., I o7~ 015 ATTACHMENT 1: Conditions of Approval - Williamson SSDP07-30-93-1 1. A Hydraulics Project Approval shall be obtained from the Department of Fisheries prior to the commencement of construction. 2 A permit from the Army Corps of Engineers shall be obtained prior to the commencement of construction. 3. A building permit from the commencement of construction. 4. 5. 6. City of Bainbridge Island shall be obtained prior to All conditions of approval of the Hydraulics Project Application shall be complied with. All Army Corps of Engineers' conditions of approval shall be complied with. The styrofoam floats shall be contained to prevent their deterioration and release into the water. 7. Pilings used to secure the float in place shall be made of concrete to prevent leaching of hazardous chemicals into the water.