RES 94-22 APPROVAL OF SHORELINE CUP AND SSDP FOR BEACH ACCESS TRAM KITSAP COUNTY
$~D, O0 CHCK
FILED-BY: CITY OF BAINBR!DGE ISLAND
CLERK: FREEMAN
RESOLUTION NO. 94- 22
A RESOLUTION of the City of Bainbridge Island, Washington,
approving a shoreline conditional use permit and a shoreline
substantial development permit for a beach access aerial tram,
upen application of Clay and Sherry Roberts (File
No. SSDP 03-20-92-1).
WHEREAS, on June 6, 1992, Clay and Sherry Roberts filed an application for a shoreline
substantial development permit and conditional use permit to construct a cable lift (aerial tram)
approximately 240 feet in length from the top of a 170 foot bank to tidelands below; and
WHEREAS, on November 10, 1993, the City's SEPA official issued a mitigated
determination of nonsignificance for the aerial tram; and
WHEREAS, on February 24, 1994, the Planning Commission reviewed the application
and, by memorandum issued thereafter, recommended approval of the application; and
WHEREAS, on May 19, 1994, the City Council held a public hearing, considered the
recommendation of the Planning Commission and heard arguments and testimony of the
applicants, City staff and interested persons, and by motion accepted the recommendation of the
Planning Commission and approved the application; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, AS FOLLOWS:
Section 1. The City Council accepts the recommendation of the Planning Commission and
adopts the Findings of Fact and Conclusions of the Staff Report dated November 15, 1993 from
Christine McVay, Associate Planner, to the Balnbrldge Island Planning Commission, regarding
"Roberts Shoreline Conditional Use Permit, SSDPO 6-03-92-01," attached hereto as Exhibit A,
except as follows:
1. A new Finding of Fact (D)(3) is added as follows:
Bainbridge Island SMP Substantial Development Permit criteria
(BIMC 16.12.860(K)):
a. In any hearing held to consider an application for a substantial
development permit, the applicant must demonstrate the following:
(i) That the development is consistent with the goals and policies
of the Shoreline Master Program;
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(ii) That the development is permitted by the general regulations
set forth for the use or activity;
(iii) That the use or activity is permitted by the regulations set forth
for the specific environment in which it is to be located;
(iv) That the development will not cause a use or activity accessory
to the major use or activity which is not consistent with the goals, policies and
regulations in the Shoreline Master Program.
2. Conclusion III(A) is amended as follows:
Site Characteristics: Due to the steepness of the slope and the height of the bank,
the site is appropriate for an aerial tram. The property is designated Conservancy
Shoreline Environment in the Kitsap County Shoreline Master Program, which has
been adopted by the City of Balnbridge Island. The only access from the upland
portion of the site to the tidelands is by a stairway located on the site to the north.
3. Conclusion III(C) is amended as follows:
Comprehensive Plan Policies:
Natural Systems Policy NS-2: Steep slopes will be preserved and protected. There
will be no construction on the slope; in contrast, stairways would not preserve and
protect the slope. Furthermore, the aerial tram will not pose a hazard to health or
property.
Natural Systems Policy NS-6: Construction of the aerial tram will not pose a hazard
to life and property. The aerial tram and its landing structure and pad preserves
views and minimizes harm to natural systems.
4. Conclusion III(D)(1) is amended as follows:
Kitsap County Shoreline Master Program Part 4--Shoreline Management:
Conservancy Environment: Construction of the aerial tram will be consistent with
the purposes of a conservancy environment, which are to protect, conserve and
manage existing natural resources and valuable historic and cultural areas in order
to ensure a continuous flow of recreational benefits to the public and to achieve
sustained resource utilization.
5. Conclusion III(D)(2)(iii) is amended as follows:
There are beach access stairways on other properties within the Conservancy
Shoreline Environment zone. Because the aerial tram will cause less damage to the
steep slope environment than a beach access stairway, the aerial tram is compatible
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with other permitted uses within the area. There also are other beach access aerial
trams in the City.
6. Conclusion III(D)(2)(b) is amended as follows:
Access from waterfront property to tidelands is a reasonable use of property in a
manner consistent with the use regulations of the Shoreline Master Program. The
steepness of the bank, together with the height of the bank, is an extraordinary
circumstance that precludes such reasonable use of the property.
7. Conclusion III(E) is amended as follows:
Construction of the aerial tram is a regulated activity in a wetland or stream under
BIMC 16.20.090(D). No conditional use permit pursuant to BIMC Title 18 is
required because the construction of the aerial tram has minimal adverse impacts on
buffers and no adverse impacts on regulated wetlands and/or streams.
BIMC 16.20.090(D)(2)(a). The requirement of BIMC 16.20.090(D)(1) is satisfied.
Section 2. The City Council approves the application filed by Clay and Sherry Roberts
in File No. 03-20-92-1 for a shoreline conditional use permit and a shoreline substantial
development permit for an aerial tram, subject to the following SEPA mitigation measures:
1. No heavy equipment is permitted to operate on the slope. Heavy equipment means
self-powered, self-propelled or towed mechanical devices, equipment and vehicles of the nature
customarily used for commercial purposes such as tandem axle trucks, graders, backhoes, tractor
trailers, cranes and lifts.
2. All construction shall be performed in accordance with the Hydraulics Approval
issued December 13, 1993 by the Department of Fisheries.
3. The tram shall be for the movement of people only. It may not be converted or
altered to act as a marine railway.
4. Silt fences shall be provided to prevent sedimentation from leaving the site.
5. Filter fabric shall be placed on the downhill sides of the excavation.
6. The foundation for the proposed tram shall be a minimum of one and a half feet
below grade.
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Section 3. The City Clerk is authorized and directed to carry out the filings and
transmittals set forth in BIMC 16.12.860(N) and 18.12.930(E).
PASSED by the City Council this 2nd day of June, 1994.
APPROVED by the Mayor this 2rid day of June, 1994.
Janet K. West, Mayor
ATYEST/AUTHENTICATE:
FILED WITH THE CITY CLERK: 5-27-94
PASSED BY THE CITY COUNCIL: 6-2-94
RESOLUTION NO.: 94-22
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ATTACHMENT 1
STAFF REPORT
Project:
File number:
City of Bainbridge Island
Department of Planning
and Community Development
Roberts Shoreline Conditional Use Permit
SSDP 06~03-92-01
Date:
November 15, 1993
To:
Project Manager:
Bainbridge Island Planning Commission
Christine McVay
Associate Planner
· ·'
Applicant. Clay Roberts
Request:
Location:
Zoning
Designation:
Construct a 243 foot long cable lift at the top of a 175 foot bank
to access beach property.
7745 Hansen Road. The lift deck would be located at the top of
the bank on the west side of the property approximately 22 feet
from the north property line.
R-2
Comprehensive Plan
Designation:
R-2
Shoreline
Designation:
Environmental
Review:
RECOMMENDATION:
Conservancy
Mitigated DNS issued November 10, 1993
Denial
Page 1
fn:roberts ssdp November 15, 1993
Staff Analysis
INTRODUCTION
A. Application
1. APPLICANT:
2. REQUEST:
3. LOCATION:
4. MAIN ISSUES:
Clay Roberts
Construct a 243 foot long cable lift at the top of a 175 foot
bank to access beach property
7745 Hansen Road. The lift deck would be located at the
top of the bank on the west side of the property
approximately 22' from the north property line.
slope stability, safety,
regulations and WAC
(C hp. 16.20.090)
Recommendation: Denial
compliance with SMP policies,
173-14-140; ESA compliance
FINDINGS OF FACT
A. Site Characteristics
I. AREA AND DIMENSIONS
a. Tax Lot Number: 292502-2-016~2000
b. Assessor's Record Information
Owner of record: Clay Roberts
Lot size: 2.05 acres (155' x 577')
Land use: Single family residence
2. TERRAIN: The area of the proposed tram slopes at an average of 30 percent.
The steepest slope on the site is approximately 48 percent. The bluff is about
175 feet high and has a slope approximating 1 (horizontal) to 1 (vertical).
3. SOILS: Dystric Xerorthents, 45 to 70 percent slopes. Deep, moderately well
drained to somewhat excessively drained soils and formed mainly in glacial till,
but some formed in sandy and gravelly outwash.
4. SITE DEVELOPMENT: The subject property contains one single family
residence with garage. No other structures exist on the property.
5. ACCESS: Hansen Road to 30 foot easement to single family residence.
Currently there is no access to shoreline, other than stairway on adjacent
property.
6. PUBLIC UTILITIES
a. Water: Private well
b. Sewer: On-site septic system
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November 18, 1993
7. PUBLIC SERVICES
a. Police: Balnbridge Island Police Department
b. Fire: Bainbfidge Island Fire Department #2
c. Schools: Bainbfidge Island School District
6. EXISTING USE: Single family residential
8. EXISTING ZONING: R-2
9. EXISTING COMPREHENSIVE PLAN DESIGNATION: R-2
10. SURROUNDING USES
North: Single family residential
South: Single family residential
East: Single family residential
West: Puget Sound
11. SURROUNDING ZONING
Noah: R-2
South: R-2
East: R-1
West: Puget Sound
12. SURROUNDING COMPREHENSIVE PLAN DESIGNATIONS
North: R-2
South: R-2
East: R-1
West: Puget Sound
History
1. The application was submitted June 6, 1992.
2. The application was sent to Public Works on June 30, 1992 for review.
3. Notice of application published in Bremenon Sun on July 14, and July 21, 1993.
4. The project was redesigned by the engineer and resubmitted to the City on May
18, 1993.
5. Department of Public Works recommended approval on July 21, 1993.
6. Department of Ecology sent letter with concerns about project on November 2,
1993.
Comprehensive Plan Goals and Policies
Natural Systems Policy NS-2: Steep slopes should be preserved and protected
and any development on such slopes shall pose no hazard to health or property.
Natural Systems Policy NS-6: Shorelines should be developed to pose no
hazards to life and property, to preserve views and water quality, and to
minimize harm to natural systems.
Page 3
fn:roberts ssdp November 15, 1993
Shoreline Management Master Program Requirements:
Kitsap County SMP Part 4 - Shoreline Management:
a. Conservancy Environment: The purpose in designating a Conservancy
Environment is to protect, conserve and manage existing natural resources
and valuable historic and cultural areas in order to ensure a continuous flow
of recreational benefits to the public and to achieve sustained resource
utilization.
Bainbridge Island SMP Conditional Use Permit Criteria (BIMC 16.12.930'):
a. In any hearing held to Consider an application for a conditional use permit
the applicant must demonstrate the following:
i. That the proposed use will be consistent with the policies of the
Master Program;
ii. That the proposed use will not interfere with the normal public use
of the shorelines;
iii. That the proposed use of the site and design of the project will be
compatible with other permitted uses within the area;
iv. The proposed use will cause no unreasonably adverse effects to the
shoreline environment designation in which it is to be located;
v. That the public interest suffers no substantial detrimental effect.
b. Other uses which are hot classified or set forth in the applicable Master
Program, such as trams, may be authorized as conditional uses provided the
applicant can demonstrate, in addition to the criteria set forth above, that
extraordinary circumstances preclude reasonable use of the property in a
manner consistent with the use regulations of the Master Program.
City of Bainbridge Island Ordinance 90-17 adopted all of the Kitsap County
Shoreline Master Program except Part 8, Appendices I-IV. Appendix III
includes the criteria for the granting of a shoreline conditional use permit.
This section was replaced with Balnbridge Island Municipal Code 16.12.930.
Environmentally Sensitive Areas Ordinance
Chapter 16.20.020 Definitions: Type 1 water - all the waters of Puget Sound,
within their ordinary high water mark, including the saltwater around Bainbridge
Island.
Chapter 16.20.090 (E) Standards. (1) Buffer Zone Widths - Buffer zones shall be
required for all allowed and regulated activities adjacent to regulated wetlands and/or
streams. Buffer: Type 1 water/stream - 50 feet from ordinary high water
Chapter 16.20.090 (E) Standards. (2) Increased or decreased buffer width - The
Director may require increased buffer widths, or may approve decreased buffer
widths on a case-by-case basis. The resultant buffer shall protect functions and
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fn:roberts ssdp November 15, 1993
values based on local conditions. A decreased buffer shall not result in greater than
a 25 percent reduction in the standard buffer width, and the reduced buffer shall not
be less than 25 feet.
SEPA Determination: MDNS issued November 10, 1993
CONCLUSIONS
A. Site Characteristics: The site would not be appropriate for the construction of a
tram. The subject property is high bank waterfront and is designated Conservancy
Shoreline Environment in the Kitsap County Shoreline Master Program (adopted by
the City of Bainbridge Island). The only access to the shoreline is by way of a
stairway located adjacent to the site on the north.
History: The application was submitted June 6, 1992; the project was redesigned by
the project engineer and resubmitted to the City on May 18, 1993; the City Engineer
recommended approval on July 21, 1993. Department of Ecology sent letter with
concerns about proposal November 2, 1993.
Comprehensive Plan Policies:
Natural Systems Policy SN-2: Steep slopes would be preserved because the tram
would be avoiding any construction on the slope. The proposal would pose no
hazard to health or property.
Natural Systems Policy NS-6: The proposal is inconsistent with this policy. The
tram would not be constructed in such a way as to preserve existing views and water
quality. Department of Ecology is particularly concerned about the aesthetic impacts
of the project (attachment F).
Land Use Code Requirements
1. Kitsap County SMP Part 4-Shoreline Management
a. Conservancy Environment: Preferred uses in the Conservancy Environment
are those which are non-consumptive of the physical and biological resources
of the area. Non-consumptive uses are those uses which can utilize
resources on a sustained yield basis while minimally reducing opportunities
for other future uses of the resources in the area. Trams do not fall within
the definition of appropriate uses for this environment (examples of such uses
in the SMP include diffuse outdoor recreation activities, timber harvesting
on a sustained yield basis, passive agricultural uses such as pasture and range
lands, and other related uses and activities).
2. Bainbridge Island SMP Conditional Use Permit Criteria (BIMC 16.12.930)
fn:robens ssdp
Page 5
November 15, 1993
The proposal will not be detrimental to the public health, safety or
welfare and will not result in any significant damage to the shoreline
environment.
ii.
The proposed use will not interfere with the normal use of the
shorelines if the proposal is approved; the applicant would be
allowed to access the shoreline (currently there is no access, other
than adjacent property owner's stairway) so therefore it meets this
criteria.
iii.
The proposal is incompatible with other permitted uses within the
area. There are no other trams in the vicinity of the project. This
could potentially set a precedent for future trams in the area and
could cause cumulative impacts to the shoreline.
iv.
Because no heavy equipment is permitted to operate on the slope
(mitigation measure), no unreasonably adverse effects to the
shoreline will occur.
The proposal is of a small scale, so that the public interest will not
suffer any substantial detrimental effect.
No extraordinary circumstances exist that preclude reasonable use of the
applicant's property in a manner consistent with the use regulations of the
Master Program.
The proposal is within 50 feet of the Ordinary High Water Mark. Under the ESA
regulations, an aerial tram is considered a regulated activity which requires a
Conditional Use Permit, specified in Title 18 of the Bainbridge Island Municipal
Code.
The Director has the authority to increase or decrease buffer widths on a case-by-
case basis. A decreased buffer shall not result in greater than a 25 percent reduction
in the standard buffer width, and the reduced buffer shall not be less than 25 feet.
The purpose of the tram is to access the beach and there is no way to construct the
tram without encroaching upon the buffer zone.
SEPA Determination: MDNS issued November 10, 1993
IV. ATTACHMENTS
A. Application
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November 15, 1993
B. Site Plan
C. Correspondence from City Engineer
D. Shannon & Wilson reports
E. SEPA Checklist and SEPA Determination
F. Correspondence from Department of Ecology
G. Letter of concern about project from John Greenway
Page 7
fn:roberts ssdp November 18, 1993
SHORELINE MANAGEMENT ACT OF 1971
PERMIT FOR SHORELINE MANAGEMENT SUBSTANTIAL
DEVELOPMENT, CONDITIONAL USE,
OR VARIANCE
Ix] Substantial Development Permit
[X] Conditional Use
[ ] Variance
Application No.
Administering Agency:
Date Received:
Approved X Denied
Date of Issuance:
Date of Expiration:
Pursuant to RCW 90.58, a permit is hereby granted/denied to:
SSDP06--03-92
City of Bainbridge Island
June 3, 1992
June 2, 1994
Mr. and Mrs. Clay Roberts, residing at 7745 Hansen Road, Bainbridge Island, WA
to undertake the following development: to construct a cable lift (aerial tram) approximately 240 feet in length from
the top of a 170 foot bank to tidelands below.
upon the following property: Section 29, Township 25. Range 2E
Within: 1/4 mile south of Fletcher Bay 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 Conservancv designation.
(EnvironmenO
The following master program provisions are applicable to this development: Part IV of the Kitsap County Shoreline
Master Program (Conservancy Environment), BIMC 16.12.930.
(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 Resolution with conditions.
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
CONSTRUCTION PURSUANT TO THIS PERMIT WILL NOT BEGIN 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).
D'~2e~94 (Signature of Aut o~ri~ed Local Governmen0
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:
(Signature of Authorized Department Official)