RES 96-11 HANLEY BEACH ACCESS STAIRWAY PROJECT-ADOPTION OF SSDP PERMITRESOLUTION NO. 96- 11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, ADOPTING A SHORELINE SUBSTANTIAL
DEVELOPMENT PERMIT FOR THE HANLEY BEACH ACCESS STAIRWAY
PROJECT (SSDP 05-30-95-1).
WHEREAS, an application has been submitted to the City of Bainbridge Island,
Washington by John Hanley for a Shoreline Substantial Development permit SSDP 05-30-95-1
for a beach access stairwy on the east shore of Agate Passage, and
WHEREAS, the City of Bainbridge Island Planning Commission found that (1) The
permit is consistent with the criteria for shoreline substantial development permits for
unclassified uses; (2) The project is permitted by the general regulations; (3) The use is
permitted in the Semi -rural environment; and (4) The Shoreline Substantial Development Permit
will not cause an accessory use or activity inconsistent with the goals, policies and regulations
in the SMP, and
WHEREAS, the City of Bainbridge Island Planning Commission determined the permit
was minor in nature, of relatively small scale and generated no significant public controversy,
and
WHEREAS, the City of Bainbridge Island Planning Commission adopted the staff report
as its findings of fact, conclusions of law and recommendation and referred this proposal to the
City Council, and
WHEREAS, the City Council of the City of Bainbridge Island, Washington, has
determined it to.be in the public interest to adopt the Findings of Fact, Conclusions of Law and
Recommendation of the Bainbridge Island Planning Commission at its regular Council meeting
Hanley Shoreline Substantial Development Permit !SSDP 05-30-95-1)
of January 25, 1996,
NOW, THEREFORE, be it resolved by the Council of the City of Bainbridge Island,
Washington, as follows:
Section 1. The SSDP application SSDP 05-30-96-1 to the City of Bainbridge Island
for the construction of a beach access stairway on Agate Passage is approved accordingly.
Section 2. The Findings of Fact and Conclusions of Law and Recommendation,
attached as Exhibit A is hereby adopted by the City Council.
o� Lu)
Janet K. West, Mayor
ATTEST/AUTHENTICATED :
Sue Kasper, City Clerk
FILED WITH THE CITY CLERK: February 27, 1996
PASSED BY THE CITY COUNCIL: March 7, 1996
RESOLUTION NO. 96-11
Hanley Shoreline Substantial Development Permit (SSDP 05-30-95-1)
(I1 ii, l ()I;
BAINBRIDGE ISLAND
March 13, 1996
Attorney General Of Washington
905 Plum Street, Building No. 3
PO Box 40100
Olympia, Washington 98504-0100
To Whomever It May Concern:
Department of Ecology
Shoreline Permit Review
3190 - 160th Avenue SE
Bellevue, Washington 98008-5452
Please find enclosed a packet containing relevant information concerning an application for
Shoreline Substantial Development which was approved by the Bainbridge Island City Council
at its meeting of March 7, 1996. The packet contains the following:
1) Permit for Shoreline Substantial Development.
2) Resolution No. 96-11, approving a Shoreline Substantial Development Permit for the
construction of an approximately 100 foot long stairway (SSDP 05-30-95-1).
3) Staff Report dated January 19, 1996.
4) Shoreline Substantial Development Permit Application and site maps.
5) Affidavit of Publication, Notice of Application.
If you are in need of additional information please contact me at (206)-842-7633.
Sincerely,
CITY OF BAINBRIDGE ISLAND
S6SAN P. KASPER
City Clerk
enclosures
cc: Assistant Planner, Rob Garwood Mr. John Hanley
Department of Planning & Community Development 13281 Manzanita Road
City of Bainbridge Island Bainbridge Island, WA 98110
901 Hildebrand Lane
Bainbridge Island, WA 98110
625 Winslow Way Fast • bainurioge island, WA 98110
phone 206.842 -?633 • Fax 206 -842 --`)?41
RESOLUTION NO. 96- 11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, ADOPTING A SHORELINE SUBSTANTIAL
DEVELOPMENT PERMIT FOR THE HANLEY BEACH ACCESS STAIRWAY
PROJECT (SSDP 05-30-95-1).
WHEREAS, an application has been submitted to the City of Bainbridge Island,
Washington by John Hanley for a Shoreline Substantial Development permit SSDP 05-30-95-1
for a beach access stairwy on the east shore of Agate Passage, and
WHEREAS, the City of Bainbridge Island Planning Commission found that (1) The
permit is consistent with the criteria for shoreline substantial development permits for
unclassified uses; (2) The project is permitted by the general regulations; (3) The use is
permitted in the Semi -rural environment; and (4) The Shoreline Substantial Development Permit
will not cause an accessory use or activity inconsistent with the goals, policies and regulations
in the SMP, and
WHEREAS, the City of Bainbridge Island Planning Commission determined the permit
was minor in nature, of relatively small scale and generated no significant public controversy,
and
WHEREAS, the City of Bainbridge Island Planning Commission adopted the staff report
as its findings of fact; conclusions of law and recommendation and referred this proposal to the
City Council, and
WHEREAS, the City Council of the City of Bainbridge Island, Washington, has
determined it to be in the public interest to adopt the Findings of Fact, Conclusions of Law and
Recommendation of the Bainbridge Island Planning Commission at its regular Council meeting
Hanley Shoreline Substantial Development Permit (SSDP 05-30-95-1)
of January 25, 1996,
NOW, THEREFORE, be it resolved by the Council of the City of Bainbridge Island,
Washington, as follows:
Section 1. The SSDP application SSDP 05-30-96-1 to the City of Bainbridge Island
for the construction of a beach access stairway on Agate Passage is approved accordingly.
Section 2. The Findings of Fact and Conclusions of Law and Recommendation,
attached as Exhibit A is hereby adopted by the City Council.
Janet K. West, Mayor
ATTEST/AUTHENTICATED :
Sue Kasper, City Clerk
FILED WITH THE CITY CLERK: February 27, 1996
PASSED BY THE CITY COUNCIL: March 7, 1996
RESOLUTION NO. -96-11
Hanley Shoreline Substantial Development Permit (SSDP 05-30-95-1)
SHORELINE MANAGEMENT ACT OF 1971
PERMIT FOR SHORELINE MANAGEMENT SUBSTANTIAL
DEVELOPMENT, CONDITIONAL USE,
OR VARIANCE
[X] Substantial Development Permit
[ ] Conditional Use
[ ] Variance
Application No. SSDP 05-30-95-1
Administering Agency City of Bainbridge Island
Date Received
Approved x Denied
Date of Issuance
Date of Expiration
Pursuant to RCW 90.58, a permit is hereby granted/denied to
John Hanley
(Name of Applicant)
13281 Manzanita Drive NE
(Address)
to undertake the following development to construct a 100 foot stairway for beach access on the east side shore
of Agate Passage
upon the following property 13281 Manzanita Drive Section 5 Township 25N, Range 2E, W.M.
(Section, Township, Range)
Within Agate Passage, Puget Sound 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 Semi -rural designation.
(Environment)
The following master program provisions.are applicable to this development Kitsap County Shoreline Master
Program and the Citv of Bainbridge Island Shoreline Master Program codified in Chanter 16.12 of the
Bainbridge Island Municipal Code, Section 16.12. 940.
(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:
1. The applicant will be required to obtain a building permit for the stairway.
2. All drawiings need to be stamped by a licensed structural engineer.
3. An erosion control plan must be submitted and approved by the City Engineer prior to building permit
issuance.
4. All work shall take place between April 1 and October 1.
5. All conditions of the February 22, 1995 Shannon and Wilson report shall be complied with.
6. A_planting plan must be submitted and approved by the City at the time of building permit submission for the
area of the slope to be disturbed and the area of native vegetation to be added to the required buffer area under
buffer averaging.
7. The City Engineer recommends that the landings be supported on piers resting on either hard glacial till or in
the hard sand at the lower part of -the bluff. A qualified geotechnical engineer shall determine the suitable
support regions at the time of construction on site and verify in writing to the building official that piers were
located appropriately.
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 inconsistent 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 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).
A �kl
ate) (Signature of Authorized Local Government)
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) (Signature of Authorized Department Official)
STAFF REPORT
Project: Construct a stairway to the beach
File number: SSDP 05-30-95-1
ATTACHMENT A
City of Bainbridge Island
Department of Planning
and Community Development
Date: January 19, 1996
To: Bainbridge Island Planning Commission
Project Manager: Rob Garwood, Assistant Planner
Applicant:
-Request: - . To obtain approval -of a Shoreline Substantial 'Development Permit to build a
stairway, 50 feet high and approximately 100 feet in length, to the top of a bulkhead
on the beach.
Location: 13281 Manzanita Road, Bainbridge Island, Washington, south of Hidden Cove Road -
Section 04, Township 26, Range 2 East.
Zoning R-2
Shoreline Environment
Designation: Semi -Rural
Comprehensive Plan
Designation: Open Space Residential -2
Environmental .
Review: M.D.N.S. was issued December 27, 1995. No comments were received.
It is recommended that, if no requests for a public hearing are received, the Planning
Commission prepare findings of fact, conclusions of law and recommendation to City Council
that the permit be granted without a public hearing. All other permits necessary for the
construction of the stairway must be obtained, by the applicant prior to construction (BIMC
112
113
16. 17.880).
S.C. P.A. CNDITI NS:
1. The applicant will be required to obtain a building permit for the stairway.
2. All drawings need to be stamped by,a licensed structural engineer.
3. An erosion control plan must be submitted and approved by the City Engineer prior to
building permit issuance.
4. All work shall take place between April 1 and October 1.
5. All conditions of the February.22, 1995 Shannon and Wilson Report shall be complied
with.
6. A planting plan must be submitted and apprawed by the City .at the • time. of building
permit submission for the area of the slope to be disturbed and the area of native vegetation
to be added to the required buffer area under buffer averaging.
7. The City Engineer recommends, that:the landings be supported on piers resting on either
the hard glacial till or in the hard sand at the : lower:: part ::of the bluff. A qualified
geotechnical engineer shall determine the suitable support regions -at the time of
construction on site and verify in writing to the building official that piers were located
appropriately.
Staff Analysis
L FINDINGS OF FACT
A. Site Characteristics
1. AREA AND DIMENSIONS
a. Tax Lot Numbers: 052502-4-024-2004.
b. Assessor's Record Information
Owner of record: Hanley, John.
Lot size: 1.17 acres.
Land use: Single family residence.
2. EXISTING USE: Single Family Residence.
3. EXISTING ZONING: R-2
fn:HANLEY SSDP 05-30-95-1 January 19; 1996
114
f
4. EXISTING SHORELINE DESIGNATION: Semi -Rural
B. Project History
1. This permit application was received by the City of Bainbridge Island on May
30, 1995.
2. The Notice of a Shoreline Substantial Development Permit was published on July
19 and 26, 1995.
3... The application and geotechnical report were sent to the City Engineer on August
25,1995.
4.. The proposal was recommended for approval by the City Engineer October 20,
1995 with conditions.
5. Revised site plans were received on December 5, 1995.
5. An MDNS was issued, on December. 27; 1995. The appeal period ends January
22, 1996. No comments were received.'' -
C. Permits'ftuired: -This applicationrequires the -following permits; a Bainbridge
Island Building Permit and compliance with FSA (BIMC 16.20), and an SSDP. The
stairway ends on the top of -the bulkhead and does not require an H.P.A. or an Army
Corps of Engineers Permit.
D. Procedures: The City'of Bainbridge -Island 10fdinance 90-17adopted all of the Kitsap
County Shoreline Master- Program except.:ParV8 Appendix I-IV. Part 8 deals with
the procedure lor, the. processing of -a -Shoreline, Substantial Development Permit
application-,, This section was replaced =with the Bainbridge island Municipal Code,
Title 16.:12.860 prowdures..s -
1. (16.12.860 H.2)The role of : thel,Planning"Cominission is to determine the
compliance of the project -with all applicable ordinances and determine if a hearing
is required.
2. The following criteria must be met'by the applicant(16.12.860 K):
a. The: development is consistentwith the goals and policies of the Shoreline
Management Master Program;> _
b. The development is permitted by the'generaf regulations set forth for the use
or activity;
c. The use or activity is permitted by the regulations set forth for the specific
environment in which it is to be located;
d, 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 Management Master Program.
3. Within forty-five days of transmittal to the Planning Commission, the Commission
Fage 5
fn:HANLEY SSDP 05-30-95-1 January 19, 1996
115
will:
a. Determine whether a formal hearing is requ�red. Projects which are
relatively small in scale, _ which have not generated significant public
comment, and/or for which no written request for a public hearing has been
received may not require a formal hearing;
b. Set notice requirements for the public hearing if a formal hearing is required.
c. Prepare a formal recommendation regarding whether the proposal complies
with the criteria set forth for substantial development outlined in the above
criteria section as well as recommendations for additional requirements
necessary to insure that the project fully complies with the Shoreline
Management Master Plan and all other applicable City ordinances.
E. APPLICABLE GUIDELINES AND POLICIES A
1.GUIDELINES-SHORELINES OFKITSAP COUNTY (Criteria 16.12.860.K.(a
and d). Part 6 Shorelines of State-wide significance. The waters of Puget Sound -
Seaward from extreme low tide(-4.5;feet WAC 332-30-106 (18).
The proposal does not enter into the shorelines of state-wide significance.
2. KITSAP COUNTY SHORELINE MASTER PROGRAM- PART 7 -USE
ACTIVITIES. UNIDENTIFIED�USE ACS.
a. Shoreline. use activities .not specifically identified and for which policies and
regulations have not been developed will be evaluated on a case by case basis
and will be required -to -satisfy.the goals and general development policies of the
Master Program (Section F.2), the policy of the. Shoreline Management Act
(Section F.1) and shall be consistent with the management policy and character
of the shoreline environment•.in which -they propose to -be located (Section F.2)
and shall require a substantial development permit.
1. The applicant is proposing a stairway to the beach. This use is not
specifially identified in the Kitsap County Shoreline Master Program.
There are stairways immediately adjacent to the property (See
Attachment 1). The above. regulation requires that a Shoreline
Substantial Development Permit be obtained.
F. APPLICABLE REGULATIONS
1. Permits for Developments on Shorelines of the state. WAC 173-14-040 (g) and (1).
Developments exempt from substantial development permit requirement.
fn: HANLEY SSDP 05-30-95- I
Page 4
January 19, 1996
116
a. (-)Construction on wetlands* by an owner, lessee or contract purchaser of a
single family residence for his own use of for the use of his family.... "Single
family residence" means a detached dwelling designed for and occupied by one
family including those structures and developments within a contiguous
ownership which are a normal appurtenance. An "appurtenance" is necessarily
connected to the use and enjoyment of a single-family residence and is located
landward of the perimeter of 'a' marsh, bog, or swamp. On a state-wide basis,
normal appurtenances include a garage, deck; driveway; utilities; fences and
grading which does not exceed two hundred cubic yards (except the construction
of a . conventional drainfield).- Lxwal circumstances may dictate additional
interpretatiorxs.of normal appurtenances which shall *be set forth and regulated
within the applicable master program. Construction authorized under this
exemption shall be locatedlandward of: the ordinary high water mark.
b. (1) Exemptions shall be construed narrowly.'
The stairway could be seen as an appurtenance to the residence. However,
since it is not listed either by the stat_ a or in the SMP as exempt, it is not
exempt and requires an SSDP.
2. Kitsap County Shoreline Master Program Part .7 -Use Activities. The stairway is an
unidentified use and has no specific regulations in the SMP. The activity must be
consistent with the goals. and 'policies, both in Semi -Rural and . the General
Provisions.
a. Part 3- Goals.
1. Shoreline Use: to provide for a pattern of diverse land and water uses on
the shoreline.
The stairway will allow the applicant to access his tidelands below the
residence.
2. Conservation -Resource production: to achieve production and_ utilization
of renewable resources. To provide for the conservation of the natural
shoreline resources.
If the stairway is built as required by the City it will not aTfect the steep
slope or associated vegetation.
3. History and Culture: to identify, preserve, protect and restore areas of
historical, cultural, educational and scientific value.
fn: HANLCY SSDP 05-30-95-1 January 19, 1996
117
There are no known or suspected historical sites of significance on the
property.
4. Economic Development: to provide for the suitable location of commercial
and other economic development which is water dependent or related.
The, project is not commercial in nature.
5. Public Access: to provide for, safe, convenient and diversified access for
the public to publicly owned shorelines of Kitsap County and assure that
intrusions will not endanger life or adversely affect fragile natural areas.
The project will provide, privateaccess to private tidelands. The City
building permit will insure .that the stairway will not endanger life or
steep slopes.
6. Circulation: tQ correlate all existing and.proposed circulation routes and
facilities with shoreline uses. .
The project does not affect existing or proposed circulation on the island.
7. Recreation:. to_ _provide adequate, appropriately located, convenient and
diverse recreational opportunities along .the shoreline.
The project will provide private recreational access to the beach.
Part 4 -Shoreline Management -Semi -Rural
Purpose: The purpose of placing an area in a Semi -Rural Environment is to
insure the proper, utilization of the area by a multiplicity of human uses on
a fairly intense scale. It is also intended to retain certain aspects of the
natural systems to maintain appearances of a rural or non -urban environment.
It is intended that natural systems will interact with man's use activities.
The stairway is a use allowed to other owners in the area and will disturb
only a small area of the slope which will be replanted (Attachment 1).
3. Chapter 16.20 Environmentally Sensitive Areas.
16.20.080 Geologically Hazardous Areas. -
C. Standards.
fn:HANLEY SSDP 05-30-95-1
Page 6
January 19, 1996
118
1. Seismic Hazard Areas. Develdpinent in seismic hazard areas shall be in
accordance with the standards for earthquake design and seismic motion of the
Uniform Building Code (UBC), as adopted by the city.
The area is not shown as seismically hazardous.
2. Development on slopes with landslide and/or erosion hazards shall comply with
the following requirements. regarding erosion control, . disturbance and alteration
limitations, buffers, development location, development design, and landscaping.
a. Erosion Control. An erosion control plan shall be submitted to the director for
approval prior to any clearing, grading, construction or other development. In
addition, clearing, grading or filling of sloped -areas containing landslide or
erosion hazard areas shall be limited to the period between April 1st and October f
1st, unless the applicant. provides an erosion control plan that specifically
identifies methods of erosion control for wet -weather conditions.
b. Disturbance. and Alterations.
i. All authorizers clearing for roads, utilities, etc. shall be limited to the
minimum necessary to accomplish the engineering design. Alterations shall
meet the following requirements:
(A) All proposed clearing shall be marked in the field for inspection and
approval -prior to alteration of site; ,and ..
_ (B) .The, lace of cut -and fill on slopes shall be prepared and maintained to
control against erosion and instability;
ii. The proposal will not increase the rate of surface water discharge or
sedimentation and will not decrease adjacent property slope stability; and -
iii. The applicant shall provide geotechnical analysis to indicate that:
(A) There -is no significant risk to the development proposal or adjacent
properties; .. or : _
(B) The ; pzoposal � can . be . designed _ so that -the : geological hazard is
significantly eliminated or mitigated such that the site and adjacent property
are rendered as safe as an area without geological hazards; and
The geotechnical report has been reviewed by the City Engineer and approved
with conditions. An erosion control plan will be approved at the time of
building permit application (See Attachments 'F and G).
iv. To reduce the risk of landslide and erosion, the following maximum slope
disturbances are recommended, as set forth in the chart below, relating to
maximum slope disturbance recommendations:
Slope Disturbance
Slope Recommendation Factor
15-24% 60% .60
25-39 % 45 %n .45
Page 7
fn:HANLEY SSDP 05-30-95-1 January 19, 1996
119
40% or greater 30% .30
The stairway will disturb less than 30% of the slope area.
c. Buffers. A buffer of 50 feet shall be provided from the edge of all slopes that are
subject to landslide or erosion hazards. The edge of a slope is defined as the top, toe
and sides of the slope. The buffer may be extended beyond these limits to mitigate
hazards. The buffer may be reduced if the applicant provides expert'verification by
a geotechnical engineer and environmental information that demonstrate to the
sa4isfaction of the director -that the proposal will not adversely. impact an FSA.
The stairway as designed is on the slope and has g geotechnical report approved
by the City : Engineer --which -wilk condition it so as to prevent a slope
destabilization. The stairway will bridge1he required 25 foot minimum buffer.
The stairway and landings will disturb an area o€ 750 square' -feet. (Attachments
F and G).
d. Development Location.
i. Development, must be- located -.to< -minimize slope disturbance, and to
minimize removal of ;vegetation;, and retain open space;
ii. Structures must be, clustered where possible to reduce slope disturbance
and maintain natural -topographic character and
-iii .. Structures should conform to 'natural' contour of slope and foundations
should --be tiered -where possible to -conform to existing topography of site.
The location has been approved by a geotechnical engineer and. the City
Engineer(Attachments Yand`G). The applicant -will be required to obtain a City
Building permit prior to construction. The disturbance of the site will be limited
to the area of the stairway itself and a. replanting plan will be required to
revegetate the disturbed areas. The stairway has been tiered in order to
conform to the natural contours -(Attachments C and E).
e. Development Design.
i. All development proposals shall be designed to minimize the footprint of
building and other disturbed areas. Common access drives. and utility
corridors are required where feasible;
ii. All development shall be designed to minimize impervious lot coverage
and where feasible should incorporate under -structure parking and multi-level
structures;
iii. Roads, walkways and parking areas should be designed to parallel the
natural contours; and
fn:HANLEY SSDP 05-30-95-1
January 19, 1996
120
iv. Access shall be in'the least sensitive area of the site.
The stairway will be limited to the already disturbed area of the slope. The area
will be revegetated as part of the permit.. The stairway is tiered to conform to
the natural contours (Attachments C and E). Sections i and ii do not apply.
f. Landscaping. The disturbed area of a development site shall be landscaped to
provide erosion control. Landscape plantings should .include -trees and shrubs with a
mix of shade, flowering, and coniferous and broad -leaf evergreens that are either
native to the Puget Sound region or are valuable to western Washington birds as
described .'In the Department of. Wildlife "Plants for Wildlife in Western
Washington".
A replanting plan will be approved as part of the required building permit.
D. Additional -Standards for Greater Than 40 Percent Slopes.
1. All proposed development, on slopes greater than 40 percent within a vertical
height.:of at .least 10 feet- (a verticaLlise of _10 feet or more for every 25 feet of
horizontal. distance), should be .avoided df possible: Applications for development
shallinclude studies by a geotechnical engineer that -evaluate the subsurface
conditions. and-,offera appropriate engineering !solutions, including increased slope
stabilization methods:
The applicant has submitted:.a geotechnical report which was approved by the
City Engineer(Attachments F and G). The site has a slope of approximately 53,
percent.,-.-
2.
ercent.:
2. The following activities are permitted provided that applicable standards in
subsection 16.20.080C can be met, or where the applicant has demonstrated through
a report prepared -by a geotechnical engineer that no adverse impact will result from
the proposal and where approved surface water drainage will result in minimum slope
,and vegetation disturbance:
a. The construction of approved public or private trails_.provided they are constructed
of material, for example cable lift access, which will. not contribute to surface water
runoff;
b. The construction of public or private utility corridors provided it has been
demonstrated that such alterations will not increase landslide or erosion risks; and
c. Trimming and limbing of vegetation for the creation and maintenance of view
corridors provided that the soils are not disturbed and activity will not increase the
risk of landslide or erosion.
fn:HANLEY SSDP 05-30-95-1 Januar% 19, 1996
121
The proposed stairway will provide private'access-and has been approved by the
City Engineer based on a geotechnical report submitted by the applicant which
was used to condition the construction' (Attachments F and G).
16.20.090 -Wetlands and Streams.
2. Stream Buffers. The following stream'side-buffers shall be maintained:
Stream Type . Buffer
a. Waters of Puget Sound 50'
b. Type 1, 2, 3 or
anadromous fish streams 50 feevon each -side of bank
c. Type 4 25 feet on each side of bank
d. For streams that have been voluntarily upgraded and not used to fulfill
mitigation requirementg, the required buffer shall be determined by the stream
category prior to upgrading:
The parcel is situated on Puget Sound and requires a 50 foot buffer is required.
4. Buffer Width,: Averaging.Standard�bufferizones may be modified by averaging
buffer widths: Width averaging 'shall be allowed only where the'applicant, through
a report prepared by a qualified .professional; demonstrates all -sof the following:
a. That width averaging: will.not adversely -impact the- functions and values; and
b. That the total area contained within the buffer after averaging is no less than
that contained within the required buffer prior to averaging. In no instance shall
the buffer width be reduced, by more-than,-50=percent of-the`required buffer or
be less than. 25 feet.,.. -
c. Buffer width averaging may not be used in conjunction withbuffer width
reduction.
The applicant proposes tq use buffer width averaging_ for the intrusion of the
stairway .tower within 25 feet of OHW.,''he stairway -will terminate on top of
the bulkhead which, is beyond -they Ordinary•High-- Water (OWH) line. The
applicant will need to submit a planting plan,for the area bUthe--disturbed slope
along with confirmation by ,a wetland biologist that the planting and disturbance
will not adversely impact the shoreline. -The area where. the stairway is to be
placed is already stripped of vegetation. The stairway landings will intrude 25
feet into the required 50 foot buffer and then bridge the final £5 feet. The
stairway and landings will disturb an of 750 square feet in the northeast corner
of the slope. (See Attachment E).
G. SEPA Determination: MDNS issued December 27, 1995.
fn:HANLEY SSDP 05-30-95-1 January 19, 1996
122
if. CONCLUSIONS
A. Site Characteristics: The site has a single family residence with stairways on the
other properties in the area and can accommodate a single family stairway.
B. History: The permit application was received April 30, 1995 and is properly
before the Planning Commission.
C. Permits Required: A Shoreline Substantial Development permit, a City of Bainbridge
Island Building Permit..
D. Procedures:
1.The applicant has met all the application requirements. The Planning
Commission must determine if a public hearing is needed.
2. Decision criteria:
a. The development is consistent with the goals and policies of the Kitsap
County Shoreline Management Master Program (Section E). .
The stairway is consistent with the Kitsap County Master Program.
b. The development is permitted bythe general regulations set forth for the
use (Section F).
The stairway is consistent with the policies in the Semi -Rural
Environment in which it will be located (Section F).
d. The use will not cause a use of activity accessory to the major use or
activity which is inconsistent with.the goals, policies, and regulations of the
Kitsap County Shoreline.Management Master Program (Sections E., and F.).
The stairway is consistent with the Kitsap County Shoreline Master
Program.
3. Compliance with the Environmentally Sensitive Ordinance BIMC 16.20.
The proposal is in compliance with Chapter 16.20.080 and 16.20.090.
G. SEPA Determination:MDNS issued on December 27, 1995.
LII. ATTACHMENTS
A. Application.
B. Vicinity map.
fn:HANLEY SSDP 05-30-95-1 January 19, 1996
123
Stairway Plan.
Aerial photograph of site.
Site Plan showing buffering averaging area.
Report from Shannon and Wilson, dated February 22,`_i995.
Letter from Kato and Warren to Jeff Jensen, dated September 19, 1995.
Assessor's Map.
Letter from John Hanley to Rob Oa -wood, dated November 28, 1995.
Paae 12
fn:HANLEY SSDP 05-30-95-1 January 19, 1996
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124
,--206 642 8757 P_ @_
r.TTACHMENT A
City of Bainbridge Island
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT `
File Number.- -5n r) pos - 30 gs- i
' f r Tax assessor's number 0 5 2 5' 0 2 4 0 2 4 2 0 04
Project street address:13),81 `l a n z a n i t a R d'
MAY -3-0199S
Appliption`fee#Too. _0
Dater�oceived.
Treasurer's receipt number: 2�W,7
Date environmental d ecklistreceived: - 5.30.4s
Five (5) copies of the completed application and sixteen (16) copies of the required drawings must be
submitted to the Department of Planning and Comtm6ity Development. Shoreline Substantial
Development Pe iit applications will not be forwarded for review until the application packet is
complete.
DETAILS OF MUS`13NG PROJECT SITE
1. Nameofprope owner.- John :_Hanley .
Address: 132_$1 Man zani t a .iRd NE -
Bainbridge Isldn'd, WA phone:. 842-8210
2. If the owner of record as shown by.* county assessor`s office is not the applicant, the owner's
signed and aotanzed auth n must accompanythis application.
p0plicantname >:andGoave' tructures, Inc.
or Contacterson
p. -FJ e r ry- iu g h e s
-Address: 3 3�0'-!; W' -4-3-t d" -Street , Suite 2 21
Renton, WA .98055 Phone:235-5716
3. Legal description ofproject site (or attach): Attached
4. General location of site: -13281 M a n t a ni t o Rd NE
5. Property Dimensions: 10 0 ' x 512 x 101 ' x 5 0 6 '
To tal property area: 1.17 acres
6. Record of subdivision or short subdivision: 4299
7. Shoreline Designation (environment as defined in 16.12570 - 610): R u r a 1
8. Common name of adjacent water area or wetlands area: Rich Passage - Puget Sound
9. Current use of property: Single Family Dwelling
City of Bainbridge Island Department of Planning and Community Development
625 Winslow Way East, Bainbridge island, WA 98110
N,_
I HU e1 :58_ -EM DESCHAMPS REALTY 06 642 8757 P-Qz
125
City of Bainbridge Island
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT
10. Does the site have an environmentally sensitive area as defined by the ESA Ordinance 092.07)?
yps
11. Zoning: R-2 Comprehensive plan designation: R u r a 1
12- Current zoning and useofadjacent property:
north.i R=2 Single Family Dwelling
South.. "R-2—Single Family Dwelling
e= R-2 Vacant
wcM- - 'Puget Sound
DLzrAu-s OF PROJECT
PROPOSAL
Type of Application:
13 *
% X ShYerrridt Variance —Conditional Use
14. Intended use of the land, as well as the sequence and timing of the proposed development:
intent of' this project 'is-, to Oro-,Vi-de-?b'eatb'F--'a-'ccess-,tl3an
, �cisting—single family 'dwe11ing.,.;.,_
15, Dim6asions
.,p.fproposed_structures
..615,..,-Ii-neal.i-.feeofi.42; wide ,-,-s'tai rw:ay'lramp
connecting-to,,41;,9`x-jr-5-1,-.x241l,.I�'hig-h""�..;t�4'0-"W'd��-_r�. ".,?
16. Ilefgfit orpro e0uildingi
or R r o i g c t t o be
27,'6" above _grade'(inclusi e,;pf,-jaandtAi,
h
17.Square footage of all spaces. Stdrag
Retail:- Residential:
Pffice:• Other.
18. Number of stories pioposed: N A
19. Square feet per story.- 1) NIA 2) 11 A 3) N1 A_
Basement: N /A
20. Setback requirements:
north: south:
West
21. Number of parking stalls required: N/A Number of parking'stalls proposed: N I A
22. Square footage of proposed paved areas: NIA
23. Percentage of site to be covered by impervious surfaces: < I (If the proposal results in
more than 1,000 square feet of additional impervious surface., a drainage plan shall be required)
City of Bainbridge Island Department of Planning and Community Development
625 Winslow Way East, Bainbridge Island, WA 98110-
/')0L<% OA')
126
✓- - ---- LtSL;Hf4r1P5 REALTY --206 842 8757
P.6—
r
City of Bainbridge Island
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT
24. Percentage of site to be covered by landscaping: N / A %,
Percentage of parking area to be covered by landscaping_ N / A
25. Percentage of site to remain undeveloped:
26. Source of water: N / A -
27. Method of sewage disposal: N / A
If the development proposes septic tanks, explaia bow ircomplies with local and state regulations
N/A
28. For multi -family and mobile home parks only:
Proposed dedication of land or fee agreement for park and reacreational facilities: N / a
29. Is the applicant proposing any terms, conditions,"covenants and:agreernents or other documents
l�sg.. �il moo+ ?i.d.�au•.+•r•k - _
regarding the untended developmenG�IfyYes;'attachcopies) 1` t No
30. Is- the proposal part of a phased deveiopmeaYplaa? Tf soy an outline of the future plans must be
submitted
31. List any other permits .for this project from state, fetal or local governmental agencies for which
you have applied or will apply, including: ttie aacaeof ffie issuing agency, whether the permit has
been applied for, and if so, the date the ima�pplication was �prOved or deaied, and the applic�tttton oc
•pertnitnumber: Bainbridge Builifing Permit; ESA Buffer Ave=aging,
SEPA
32. Does this project require a shoreline locaiton? If yes, explain why: Project would s i t
atop an existing basalt bulkhead
Attachments:
General review criteria
Drawing requirements
Ownerlagent agreement
Shoreline Master Program (WMC 16.12)
SEPA checklist
Conditional use review criteria (if applicable)
Variance review criteria (if applicable)
City of Bainbridge Island Department of Planning and Community Development
625 Winslow Way East, Bainbridge Island, WA 98110
127...— — —
--- --. . r,v u<c�c rr, ucaa..nNl•�ra rccrt� 1 r
OWNERJAPPLICANT AGREEMENT
The undersigned is owner(s) of record of property identified by the Kitsap County Assessofs Account
Number 05250240242004 located at is Manzanita Rd NE -
The undersigned hereby give consent and approval to an application for a Beach Access
Stairway of the land referenced above -as initiated by Landscape
S t ruc t-ur e s , Inc. agting for the undcrsigm&
STATE OF WASHINGTON)
l SS.
Owner of record
COUNTY OF KMAP
�4 �c:-s�:�•L�'�t-; 19<<`- ,beforeme,theundersigned,a
On this � day of ��
Notary Public, in and for the State afW ' a, duty comcnmoned and sworn, personally 2ppeared
to me lrnown`as'he individuat.(s) .described in and who executed the foregoing instrument, and
aclawwledgeilo dist they, signed and sealed the said instrument, as their free and voluntary ad aad
deed of said corpo�zation for -the uses -and piir�oses tii'e�rein mentioned, and on oath stated that he
www. authorized�.tojf �e�cecute said. iastiumeati �•.
)WITIMSS MY HAND AND OFFICIAL SEAL hereto affixed the day and year in this certificate above
written. The - Gl + i �ay of
otazyub 1 in and for the State of Washington,
8 ��� � .� residing at •L�i li �� �i
OF W*SKV:A C �YIYY\l�`j �L�E��X-
128
-->06 842 87t$7 P. 07
DRAWING REQUIREMENTS FOR SHORr7 INE PERMITS
(PAGE 2)
PROFILE DRAWING
Typical cross-section or sections showing:
a. cidstwg ground elevations
b. proposed ground elevation
c: height of existing stru9,tures
d. height of proposed structures
YC
1. Indicate site location using natural points of reference (roads, state highways, prominent
landmarks; etc.)
2. If the development involves the removal of any soils by4redging or otherwise, Pleas,-
-identify -the-proposed -disposal
lease-identify-the-proposed-disposal site od the map: If the disposal site isbeyond the
confines of the vincity map, provtde.aaother vianity map`slibwing the prei eine location
of die disposal site and its distance to the nearest city or town.
3. Give a briefnarrative des ippon of thegencml nature of .the improvements and land use
vs"thin-one thousand feet mall directions from. development site (e g.reside�tial to the
north, commercial to the south, etc.) -
City of Bainbridge Island Depaalment of Community Development
625 Winslow Way East, Bainbridge Island, WA 98110
(206) 842-255?.
129
0
U9F
ATTACHMENT B
Bainbridge Keview
P.O. Box 10817 • Bainbridge Island, WA
98110
(206) 842-6613
Affidavit of Publication
County Of Kitsapl as:
State Of Washington f
Chris Allen being first duly sworn, upon oath deposes and
says: That (s)he is the publisher of the Bainbridge Island
Review, a weekly newspaper. The said newspaper is a legal
newspaper by order of the superior court in the county in
which it is published and is now and has been for more
than six months prior to the date of the first publication of
the Notice hereinafter referred to, published in the English
language continually as a weekly newspaper in Bainbridge
Island, Kitsap County, Washington, and is now during all
said time was printed in Kitsap County, Washington. That
the annexed is a true copy of
Permit - John Hanley
as it was published in regular issues (and not in supplemen-
tal form) of said newspaper once a week for period of
two
weeks, commencing on the
19thday of July 1995 and ending on the
26th day of July , 19 9 5 , both dates inclusive,
and that such newspaper was regularly distributed to its sub-
scribers during all of said period. That the full amount of
the fee charged for the foregoing publication is the sum of
$ g0,00 , which amount has been paid in full.
(Signature)
Subscribed and sworn to before me on this 26th
day of JUIV , 19 95
ary u is in and for the State of Washington, residing ;
in Bremerton, Washington. ,
NOTICE OF APPLICATION FOR A
SHORELINE MANAGEMENT SUBSTANTIAL
DEVELOPMENT PERMIT FOR A BEACH
ACCESS STAIRWAY
Notice is'hereby given thafJohn Hanley who
is the owner of_the below described proper-
tyhas filed an application fdr_a'Shoreline
' Substantial Development Permit front John
Hanley to construct beach access talrway::
located at 13281 Maiizaniia Road 9NE ;
Bainbridge' Island, Kitsap County,'
Washington of -Section 5; Township25,
Range 2 _East. The City of_Bainbridge ,Island
will conduct a review of this permit.appiica
tion under Chapter 16.12, of the Bainbridge
island Municipal Code.• .
Any person desiring to submit written corn
merits concerning this applicahori may sub
mit su6h comments or desiring to receive a,
copy of the final order after issuance: of the
final older may submit such comments or
requests for orders to the City of Bainbridge
Island within thirty days of;;the final publica-
tion of this. notice which ,isJuly 26, 1995.
Written :comments must 't.. be received ,by -
August N, ,1995. %dd comments to,
Rob Garwood, Planner_-,.,,,-:_'_
city of Bainbridge island i
Department of=Planning,and Community.
Development
901 H!!0tranri i ane
EISI Ill tr
f2-2!:52
Dale r.l lir:;' mi!.; 07119195 &'"£i i
Date of last publication: 01/26/95
(BR51)=