WSDOTTHE CITY OF BAINBRIDGE ISLAND
DEPARTMENT OF THE HEARING EXAMINER
In the Matter of the Application For }
Shoreline Substantial Development Permit } SSDP10-31-94-1
By Washington State
Department } FINDINGS OF FACT, CONCLUSIONS
of Transportation, Washington State } OF LAW AND RECOMMENDATION
Ferries Applicant }
___________________________________ }
SUMMARY
OF RECOMMENDATION
The Hearing Examiner recommends that the Washington State Department of Transportation application for a Shoreline Substantial Development Permit be granted subject
to the conditions enumerated in this recommendation.
INTRODUCTION
This application by the Washington State Department of Transportation, Washington State Ferry System, seeks permission
to expand the Ferry Terminal Dock in the City of
Bainbridge Island by an additional 30,000 square feet. The purpose of the proposal is to provide holding lane facilities at the Terminal
that are more operationally efficient. The proposal will replace the existing timber dock, widen the existing dock and reconfigure holding lanes to provide holding lane capacity for
one vessel load (218 vehicles) plus two additional lanes for the next sailing (67 vehicles) and 9 ADA parking spaces. The new dock and replacement dock will be constructed of concrete
supported by steel piles.
Additional aspects of the proposal include a dedicated HOV Lane, a dedicated bicycle lane, pedestrian overhead walkway and sidewalk, an ADA staging area, replacement
of the sewage pump station and a new storm water treatment system.
Public Hearings have been held regarding this permit application and numerous conditions have been recommended by
both the Planning Department and the Planning Commission as a prerequisite of their recommendations for approval.
FINDINGS OF FACT
This project is located at the Washington State
Ferry System Terminal at 270 Olympic Drive in the City of Bainbridge Island. The project is a planned expansion of the dock facility located within Eagle Harbor and its associated shoreline
and wetlands.
The project site is located on property owned by the State of Washington, identified by tax lot number 262502-3-108-2000. The parcel size is 7.57 acres and includes the Ferry Terminal,
holding lanes, dock and parking areas.
This is property has a zoning designation of “Commercial, Ferry Terminal District.” The Comprehensive Plan designation for this property is “Mixed
Use Town Center, Ferry Terminal District”. The project site has a shoreline designation of an “Urban Environment” under the Winslow Master Program.
The Washington State Department
of Transportation was the lead agency for environmental review on this project. An MDNS was issued by the Department of Transportation on April 25, 1997. One appeal was received from
the Suquamish Tribe. The issues on appeal have now been resolved. An Addendum to the MDNS was filed September 9, 1998. A Notice of Action was filed September 10, 1998. No judicial appeals
were filed.
A Notice of Complete Application for this SSDP was dated January 20, 1998. This application was referred to the Bainbridge Island Planning Commission for review. The Planning
Commission considered the application at its regular sessions on August 13, 1998 and August 27, 1998. The Planning Commission recommendations were forwarded with the Planning Department
Staff Report to the Hearing Examiner.
The Wetland Advisory Committee reviewed the Ferry System proposal and submitted its approval with conditions by document dated, March 16, 1998
(ATTACHMENT L to Staff Report).
This project site contains the Ferry Terminal Dock and loading facilities presently in use by the Washington State Ferry System. The dock, as it presently
constructed, is approximately 70 feet in width. The dock slopes downward from the west to the east with the parking area and holding area on the shoreline being located in the west sloping
down to the east where the dock extends out into the water from the shoreline. The shoreline on either side of the dock is high bank to the north and low bank to the South of the dock.
The ordinary high water mark at the shoreline is at an elevation of 11.3 feet. Extensive vegetation exists on shoreline slopes at this location on either side of the dock and especially
on the east side of the terminal building.
The project site is bisected by Olympic Drive, which has been developed to 60 feet of right of way. A sidewalk exists on the north side of
Olympic Drive. Access to the terminal parking area is from Winslow Way East and vehicular access to the ferry car holding lanes is from Olympic Drive. This parcel of property has been
dedicated by the State for ferry use.
Work on this project was authorized by Washington State Appropriation Bill, a copy of which is included in the record as "ATTACHMENT J" to the
Staff Report
The proposed use of this parcel as a Ferry Terminal is a use allowed in the “Urban Environment.”
The holding lanes at the Ferry Terminal are a part of the State Highway System and are included in the public right of way. The proposed expansion of the holding area is set back more
than five feet from the property line that abuts the multifamily zone to the southwest.
There is a state wide interest in expanding the ferry terminal dock to accommodate increased
traffic volume on the route. These improvements provide safer and more efficient loading and off-loading of ferries. Pedestrian and bicycle users also will have improved access from
the sidewalk and bike lane to be built along the southwestern side of the dock. The project is a water dependent use for public mass transit on Puget Sound which is a priority use under
the State Transportation System. One of the goals of this project is to improve pedestrian access to the ferry dock. The overhead walkway for ferry pedestrian loading and unloading will
be extended to the southeast corner of the loading dock there connecting to a sidewalk which will extend along the south side of the new widened dock and holding lanes to the toll booth.
This sidewalk will provide access to the waterfront trail and to the new proposed sidewalk along Olympic Drive to Winslow Way East. ADA designated parking area has been included in the
proposed expansion of the project site to allow loading those vehicles on to the ferries in a manner which accommodates the special needs of mobility impaired passengers. This proposal
does not include pedestrian loading accessibility for persons with disabilities from these new designated ADA parking spaces. It is anticipated that all pedestrian accessibility for
ADA protected passengers will continue to be the overhead walkway ramp from the passenger terminal facility.
This ferry terminal dock expansion will add an additional 30,000 square
feet of coverage over the shoreline and waters of Eagle Harbor at this location. This expansion will have a significant adverse environmental impact on the underlying marine habitat
and permanent and transient aquatic life using this newly covered area. The shading from the dock widening project will significantly decrease the food production capabilities in this
habitat. The natural character of the shoreline will be altered due to the expansion of the dock. The underlying aquatic environment will be impacted by increased shading, possible erosion
and increased storm water drainage. Substantial disturbance of marine habitat will result from the placement of additional piles to support the new holding lanes and from increased activity
during construction, use and maintenance of the dock. The listing of Chinook Salmon as a threatened species under the Endangered Species Act creates an even greater need for this project
to adequately mitigate its adverse impacts to the shoreline environment.
As a part of the Environmental Review process a Macroalgae, Eelgrass, and Macrofauna Study was conducted. The
results of that study indicate that there was no native eelgrass found on the site. There will be an unavoidable loss of hard-shell clam resources at the site and there will potential
impacts to juvenile salmonid migration as a result of the extension of the dock. Benthic marcroflora communities have been observed under the existing dock and in unshaded areas at the
site.
The widening of the dock will also impact approximately 8250 square feet of shoreline buffer. Restoration of this buffer by re-vegetation will help mitigate this impact. Mitigation
proposed includes 1) development of 2,000 square feet shoreline buffer north and south of the old barge berth immediately east of the Halls Brothers Creek, and planting 1000 square feet
of buffer on the top of the bank west of the barge berth, 2) restoring approximately 2250 square feet of existing buffer within the project site by removing invasive species and replanting
with native vegetation and 3) establishing a 3,000 square foot vegetation buffer around the wet pond and the holding area to provide a habitat corridor between the shoreline and the
southwest edge of the holding lanes. The wet pond buffer corridor area will be located in what is currently paved holding area at the southwest end of the holding area. This area is
presently covered by impervious surface, however, that will now be converted to a storm water wet pond and open space area with native vegetation planted around the wet pond in an open
space area. The mitigation area at the project site is located immediately southwest of the dock widening on a slope from the paved edge of the holding lane to the beach. The present
vegetation in this area would be removed since it is dominated by three invasive species Himalayan Blackberry, Scot’s Broom and English Ivy and this area will then be planted with native
upland shrub vegetation. No significant trees will be removed in the construction area of the site.
The barge berth area mitigation site is located immediately west of the Eagle Harbor
maintenance facility at the mouth of Halls Creek ravine. At this site, the mitigation will consist of planting upland shoreline vegetation in a 3,000 square foot area at an elevation
above 12 feet. The upland buffer vegetation zone will be a minimum of 8 feet in width. Plantings will include willow, red osier, and red alder, among other native vegetation.
No wetlands
will be filled as a part of this project. The mitigation measures proposed by Washington State Ferries are intended to protect, restore and enhance the existing shoreline ecology.
The
ferry system has increased the number of boats serving the Bainbridge Ferry Terminal in the summer of 1999 from two (2) boats to three (3) boats. This is a summer-only plan in response
to heavier ferry traffic in the summer months. The use of this third boat on the route from June through September, however, does create additional adverse environmental impacts at the
site.
A new revised final mitigation proposal (Dated May 19, 1999) for the Bainbridge Island Ferry Terminal Facility dock widening project was submitted as EXHIBIT 16 at the hearing
on May 20, 1999. This mitigation proposal addresses impacts to Shoreline buffer areas and impacts to marine in-water resources and functions. The Washington State Ferries has signed
a Memorandum of Agreement with the Suquamish Tribe addressing proposed mitigation actions. Property proposed, as a mitigation site on the shoreline north of the terminal, had not yet
been purchased by Washington State Department of Transportation at the time of the hearing. The Washington State Ferries mitigation proposal requests that the plan be accepted as a mitigation
plan for this dock widening project as well as for two near future projects, the replacement of the existing elevated walkway and new overhead loading facilities for slips 1 and 2.
Extensive written and oral testimony was given by Mr. Wayne Daley, a fisheries and environmental consultant. His letters, which are included in the record as EXHIBITS 12, 18, 23 AND
24 discuss the potential adverse impacts to the marine habitat, fishery and other aquatic life at this site resulting from the dock widening project. His testimony assesses the inadequacy
of the mitigation proposal and the studies upon which it is based. Mr. Daley concludes that the mitigation proposal presented by Washington State Department of Transportation for this
project is not adequate to compensate for the acknowledged significant adverse environmental impacts caused by this project.
The original MDNS issued by the Washington State Ferries
included a condition requiring removal of approximately forty (40) creosote pilings and a steel rail boat tram located south of the present ferry dock and a subsequent restoration of
the area to natural substrata. After the issuance of the MDNS, the Washington State Ferries issued an Addendum to that MDNS, which eliminated the condition for removal of the creosote
piles and the boat tram. After discussions with the Washington Department of Fisheries and Wildlife, it was concluded that the negative impacts of removing the tram would be greater
than the benefits to the environment received from removal and restoration of the area to its natural substrata. The MDNS Addendum was not appealed and is now final.
There are 179
creosote treated wooden timber piles supporting the existing trestle at the ferry terminal facility. These piles will be replaced with 95 steel piles reducing the surface area occupied
by the piles and allowing more ambient light to penetrate intertidal and shallow subtidal habitat.
Storm water drainage from the terminal facility and the vehicle holding area is presently
directed into Eagle Harbor without filtration. The newer areas of the dock do contain a storm water filtering system and catch basins which discharge storm water directly into the harbor.
As a part of this project, a Storm Water Management Plan includes a proposal to treat the storm water runoff from the holding area and terminal with a wet cell pond system built on
the south side of the holding lanes. The upland holding area storm water management plan, as proposed, will meet all current Best Management Practices from both the Washington State
Department of Transportation Highway Manual and the Department of Ecology's Storm Water Management Manual for the Puget Sound Basin.
Because the dock slopes downward from west to east,
the Ferry System has proposed to treat the storm water from the dock area in a separate system. The storm water runoff from the newly widened dock area would be filtered into a catch
basin system similar to the one presently in place on the remainder of the newer portions of the dock. The Ferry System proposes to install hydrophobic drainage pillows and catch basins
on the new dock similar to those now on the concrete portion of the existing dock. The storm water would then be released into Eagle Harbor. The proposal includes a provision for drainage
system approval by the City Engineer.
The Ferry system is proposing to install a 10,000 gallon sewage holding tank under the vehicle holding area which would be used by the ferries to pump sewage from vessels into the holding
tank for later transfer to the City’s sewage treatment plant in metered amounts during off-peak hours. A draft sewage pump station agreement was submitted to the City of Bainbridge Island,
dated December 24, 1997 and requires approval by the Bainbridge Island City Council. This matter has not yet been approved by the Council. Representatives of the Ferry System testified
at the Hearing, that in the event approval was not granted by the City Council for treatment of additional ferry system sewage as proposed, then the 10,000 gallon sewage vault would
not be installed. In that event, the present 5000 gallon sewage holding tank would be removed from its present location and replaced with a tank of the same size at a new site continuing
the sewer treatment system now in place at the terminal.
The sewage holding tank and pump station will be located under the ferry holding lanes more than 50 feet from the shoreline
of Eagle Harbor and outside the Critical Area buffer. Transmission lines to the sewer plant will also be underground except for the above ground pump station. The onsite sewage facility
is permitted in the "Urban Environment."
During the hearings, concern was expressed about available capacity of the Bainbridge Island Public Sewer System. The proposal for ferry vessel
sewage to be processed by the City of Bainbridge Island sewer system even in off peak hours may reduce the availability of sewer service for other potential residential users. It was
a stated concern of the Planning Commission that the City’s residents be given priority for existing service capacity at the sewer system and that such a condition be provided for in
any agreement between the ferry system and the City of Bainbridge Island for joint use of the City’s sewer system.
Construction of the pedestrian access connection to the waterfront
trail is a proposal that has been previously included by the Ferry System in projects at the site. In October, 1988, the Winslow City Council approved a Shoreline Substantial Development
Permit for the Washington State Department of Transportation to build a pedestrian overpass and to build a connector to trail easements from the ferry terminal. The final order approving
the application has been included in the record. EXHIBIT 25. As a condition of that approval the ferry system was to build a connector path to the northeast corner of the Eagle Harbor
Condominiums’ property. To date no such connector trail has been built by the State Ferry System and no testimony was given at the hearings to show whether the City of Winslow had in
fact had reached an agreement with Eagle Harbor Condominiums for a connector path across the condominium easement. This path was again outlined in the Winslow Master Plan (EXHIBIT 10).
Improved
pedestrian access to the dock is needed at this facility. Pedestrians cannot safely access the dock from the south side of Olympic Drive since there is no sidewalk. No trail connector
lane has been constructed adjacent to the right of way. Pedestrian access from downtown Winslow via the City trail system would be possible with such a trail extension. Pedestrians could
then avoid the hazard of crossing Olympic Drive during times when vehicles are loading and unloading. In the Applicant’s Supplemental Report dated May 20, 1999, the Washington State
Ferries agreed to construct a pedestrian trail as shown in the
Winslow Master Plan for the ferry terminal zone (EXHIBIT 10). This pedestrian trail will connect to the existing City waterfront trail at Harborview Drive.
A sidewalk along the South
side of Olympic Drive will enhance the safety of foot passengers loading and unloading from ferries landing at the terminal. Another component of this project is a plan to build an extension
of the overhead walkway which will allow foot passengers to exit the ferry loading area to the south side of the dock. To maintain safe pedestrian access to that new overhead walkway
it is necessary to build a sidewalk on the south side of the dock and extend it to Olympic Drive to separate pedestrians from vehicular traffic entering and leaving the ferry terminal
holding area.
Public access should be encouraged on the shoreline. The trail, overhead walkway loading extension, and the sidewalk on south side of the dock connecting to the new sidewalk
to Harborview Drive will improve pedestrian access to the ferry and shoreline. A stairway to the beach along the northeast edge of the dock will provide increased access to the shoreline.
Increased recreation opportunities for the public will be provided at the shoreline by trail connections to the waterfront trail system and stairways for access to the shoreline at the
east end of the holding area.
The Winslow Master Plan, Ferry Issues excerpt dated May 21, 1998, (ATTACHMENT Y to Staff Report) references the need for additional sidewalk and trail
access to the ferry dock.
The area on the ferry terminal dock presently used for employee parking will be converted as a part of this project to additional holding lanes. Ferry employees
will no longer be parking on the dock, but instead will be allowed to park at the Washington State Ferries Eagle Harbor Vessel Maintenance Facility near the ferry terminal in an area
that is already devoted to employee parking. No change in use at the maintenance facility will occur as a part of this project. The parking spaces presently available at the maintenance
facility are adequate to accommodate the parking for employee vehicles being relocated to that facility without change or modification to the maintenance facility parking area.
The
proposed dock expansion will fit within the existing topography except that the storm water pond proposed as a part of the Storm Water Management System will require excavation.
In
order to minimize the increased width of the dock needed to accommodate 294 cars, as proposed, it is necessary to install lighting fixtures which are taller than 20 feet in height to
provide a safe lighting scheme which adequately lights the center of the holding lanes without the placement of light poles in the middle of the dock, within the holding lanes. Three
(3) to four (4) feet of lane widening would be required for each row of additional lighting pole fixtures required for safe lighting at the dock area if the light fixtures were limited
to a height of 20 feet and hooded as requested by the City. Thirty five-foot high light poles are now being used at the ferry terminal facility on the dock. Thirty five-foot light poles
with high cutoff fixtures minimize light trespass on the water and on adjacent properties.
The original proposal included painting the underside of the dock to increase lighting. However, that proposal has now been withdrawn due to questionable durability of the proposed pigmented
sealer and the potential impacts to the environment should the coating fail.
A communication plan for community notification during the dock widening construction has been proposed
by the ferry system and approved by the City of Bainbridge Island Planning Department. That communication plan is included as ATTACHMENT E to the applicant’s supplemental report printed,
December 7, 1998.
An interpretive display explaining the history of Eagle Harbor will be included near the shoreline access stairway on the east end of the dock near the connection
to the City’s waterfront trail.
CONCLUSIONS OF LAW
This matter is properly before the Hearing Examiner for public hearing on the Application for a Shoreline Substantial Development
Permit. A Shoreline Substantial Development Permit was required for this project since the project budget exceeds several million dollars in expenditure of state funds.
Adequate legal
notice was given for public hearings on this matter as shown by the affidavits included in the file as EXHIBITS 20, 21 AND 22
The ferry terminal dock and its holding lanes are a part
of the public highway system for the State of Washington and are not parking lots subject to the provisions of Bainbridge Island Municipal Code.
The environmental review has shown
that significant environmental impacts will result from this project. A Mitigated Determination of Non-Significance was published by the Washington State Ferry System as lead agency.
That MDNS and its Addendum are final and all conditions included in the amended MDNS must be complied with by the Applicant. A copy of the MDNS and its Addendum are included in the file
as ATTACHMENT C to the Staff Report and EXHIBIT 4.
A Notice of Action for final design approval was filed by the Washington State Ferry System on September 10, 1998. No challenges
to the agency’s action were made within the time required. This proposed project is consistent with the goals and policies of the Shoreline Management Act. The dock widening project
at the ferry terminal is consistent with the goals and policies of the Bainbridge Island Comprehensive Plan and with the requirements of the Bainbridge Island Municipal Code. The proposal
expands an existing use and is consistent with the Winslow Master Program.
The parking transferred to the Eagle Harbor Vessel Maintenance Facility is for the exclusive use of ferry
terminal personnel and is therefore accessory to the business of the Washington
State Ferries conducted at the main terminal. Parking facilities directly related to the ferry terminal use are permitted on the shoreline to the extent necessary to adequately serve
the ferry terminal facility. No new parking lot facility is being created at the Eagle Harbor Vessel Maintenance Facility and no change of use is anticipated at that location. The application,
therefore, does not include a change of use for the Eagle Harbor Vessel Maintenance Facility which would give rise to the application of the parking lot requirements set forth in BIMC
18.81. If additional parking spaces were needed to accommodate the transferred employee parking or if other changes were being made to the Eagle Harbor Vessel Maintenance Facility as
a result of this project, then the requirements of the Bainbridge Island Municipal Code would apply.
One of the goals of the Winslow Master Program is to ensure safe and convenient
access to publicly owned shorelines and to ensure that intrusions created by access will not endanger life, property or environment. The extension of the overhead walkway over the holding
lanes to connect to the new sidewalk on the newly expanded portion of the dock, addresses this need for increased safe and efficient pedestrian access to the ferry loading facility.
The additional connections of that dock sidewalk to both the City of Bainbridge Island waterfront trail system and to a newly constructed sidewalk on the south side of Olympic Drive
provide improved safety for pedestrian access to the ferries.
The use and development of this project will not cause a use or activity, accessory to the major use or activity, which
is not consistent with the goals, policies or regulations of the Winslow Master Program. This project expands an existing use and is one permitted in a designated “Urban Environment”
such as this ferry terminal site. The expansion project is permitted by the general regulations allowing for the development of the ferry terminal facility at this Eagle Harbor location.
This activity is a water related use and is consistent with the goals and policies of the Winslow Master Program.
A mitigation proposal plan has been submitted by the Washington State
Ferries to mitigate all significant environmental impacts caused by this dock widening project and construction of new pedestrian access to the ferry terminal. The mitigation proposal
which has been submitted by the Ferry System as ATTACHMENT D to their Applicant’s Supplemental Report dated May 20, 1999, proposes the purchase of the Ulloa property, Kitsap County tax
parcel number 4115-007-002-00, which is shown as an Attachment to the Memorandum of Agreement between the Washington State Ferries and the Suquamish Tribe (ATTACHMENT J to the Applicant’s
Supplemental Report dated May 20, 1999.)
This project includes widening the Ferry Terminal dock by some 18,800 square feet of area below the ordinary high water mark. This will result
in an estimated 40% reduction in macroalgae cover. It is the opinion of the Hearing Examiner that the mitigation offered by the Washington State Ferry System while appropriate to mitigate
some of the impacts caused by this extensive project is inadequate to fully mitigate the loss of shoreline habitat and mitigate the harmful effects on the marine environment caused by
this dock expansion. At the time of the hearing insufficient information was provided to substantiate other mitigation proposals recommended by other parties. The SSDP should be granted
subject to a mitigation plan that
expands on the mitigation proposal now on file and fully compensates for identified impacts to marine aquatic habitat and resources and has been approved by the Washington Department
of Fish and Wildlife.
A cross-harbor commuter dock for small craft and a small park area were requested by the Planning Commission as further mitigation for impacts of this project.
There was inadequate evidence admitted for the record that the commuter dock would mitigate any known impact directly resulting from this dock widening project. The environmental impacts
from construction of a commuter dock at this location were not discussed in the City’s Staff Report or in the Washington State Ferries’ mitigation plan. There is, therefore, inadequate
information in the record to support this additional mitigation and it should be deleted.
The Planning Commission recommended that the Applicant purchase the “Ravine properties” to
compensate for environmental impacts from this dock widening project. This mitigation measure would require the Washington State Ferries to purchase and donate to the City the entire
ravine from High School Road to the Eagle Harbor, adding a fish ladder to facilitate salmon migration. This request is in excess of the replacement mitigation required by the BIMC. Inadequate
information was provided on the record to support a mitigation measure of this extensive size and type of habitat. Inadequate environmental and scientific data were admitted into the
record, to support this property purchase as necessary compensation for adverse environmental impact directly related to this dock widening project.
12. In order to build a project
which meets the goals and policies of the Winslow Master Program and complies with the applicable regulations of the City of Bainbridge Island, including the Critical Areas Ordinances,
it is necessary that certain conditions be imposed on the project to ensure compliance with these regulations and policies. The following conditions are necessary to mitigate environmental
impacts and ensure compliance with the Winslow Master Program for this shoreline project:
CONDITIONS RECOMMENDED BY THE HEARING EXAMINER:
All conditions of any Hydraulic Project Approval
shall be met.
All conditions of any Corps of Engineers’ approval shall be met.
A public way permit may be required from the City’s Department of Public Works for any work in Olympic
Drive or for installation of public utilities.
An erosion control plan shall be approved by the City Engineer and inspected on the ground by the City Engineer prior to any work occurring
in the upland area. TESC and drainage plans shall be approved by the City Engineer prior to construction. The Washington State Ferries will comply with the requirements set forth in
the Highway Runoff Manual implemented pursuant to Chapter 173-270 WAC.
The upland portion of the ferry loading facility designated as the holding lanes for vehicles will be subject to a storm water management plan which complies with all current Best Management
Practices for a storm water treatment system designed according to the Washington State Department of Transportation’s Highway Runoff Manual and the Department of Ecology’s Storm Water
Management Manual for the Puget Sound Basin. This storm water system will control storm water runoff from the terminal facility and the upland holding lanes via a wet pond system that
will be built on the south side of the holding area. The expanded dock, which is to be built on piles over the water, will be the subject of a Storm Water Management Plan which will
include the installation of hydrophobic drainage pillows in catch basins on the new portion of the dock similar to those on the concrete portion of the existing dock.
Concrete staging
areas and a concrete truck wash will be located outside the 50 foot wetland buffer areas. A specific location shall be assigned for the concrete truck wash and the concrete or waste
water from the wash out shall not enter the conveyance or Puget Sound.
Prior to construction, a contract shall be executed between the City and the Washington State Ferries regarding
the use of the City’s sewage treatment plant for treatment of boat sewage. If no agreement is reached between the City and the Ferry System, then the sewage holding tank presently located
on the site will be replaced with a new tank of the same size as the existing one at the new location under the holding lanes as shown in the project plans. Bilge water from the vessels
shall not be pumped into Eagle Harbor from the marker buoy in.
Calculations, details and proposed maintenance scheduling for the wet cell pond shall be submitted to the City Engineer
prior to construction. Details on the wet cell pond construction shall include a tie-in from the existing system to the new pond system.
A geotechnical report on the excavation of
the site for the wet pond will be provided to the City Engineer prior to construction, if required by the City.
No herbicides or pesticides shall be used on the site.
All disturbed
buffer areas shall be replanted with native plantings immediately upon completion of work. The area around the above-ground relocated pump station shall be screened with native plantings.
The
maintenance of the subject property vegetation shall follow current Best Management Practices and shall include all watering, weeding, cultivating and pruning necessary to keep the plant
materials in a healthy state and to maintain public safety.
The Washington State Ferries shall schedule, with the City of Bainbridge Island, a site review of this dock widening project within three years of the completion of construction for
this project, but in no event later than September 1, 2003. The purpose of the review will be to verify conformance with the City planting standards and review the condition of the open
space in all buffer areas. The City shall notify the Ferry System, within 30 days of the site visit, of any conditions which the City finds must be brought into compliance with the requirements
of the Bainbridge Island Municipal Code. This site review shall include a review of mitigation measures required to be implemented, including those recommended by the Wetlands Advisory
Committee:
In addition to the buffer placement and restoration along Hall Brothers’ creek as a mitigation activity, the WSDOT shall:
improve the habitat quality of the remaining buffer
within the project area, and
provide a habitat corridor from the shoreline and along the southwest edge of the holding lanes (to the Ravine).
A buffer enhancement in the dock area
more directly mitigates the impact of the project. The removal of invasive vegetation such as Himalayan blackberry, English ivy and Scot’s broom along the slope toward the shoreline
is recommended to improve the quality of the habitat within the remaining buffer. No pesticides or herbicides can be used.
The buffer along the Hall Brothers’ creek could be reduced
to eight to nine feet, if necessary. Planting appropriate native vegetation would increase the habitat complexity in that buffer and provide an insect production area.
The planting of
appropriate native vegetation around the proposed wet pond will provide screening and enhance the habitat corridor. Native vegetation will improve the aesthetics of the site.
Prior
to construction, the Washington State Ferries shall submit for approval by the Director of Planning, a plan specifying a communication plan for community notification regarding project
construction. The address list of interested parties will include community leaders and individuals who have expressed an interest in the project at Open Houses and an address list of
all parties attending the public hearings.
A pedestrian sidewalk and a bicycle lane shall be installed as part of this dock widening proposal and shall include the following:
The
pedestrian sidewalk shall run along the southwestern portion of the dock (passing along the side of the proposed ADA parking spaces) from the south end of the dock to the toll booths
along the western edge of the holding lanes.
In addition, Washington State Ferries will extend this new pedestrian sidewalk from the toll booths to Harborview Drive. However, if significant environmental, technical, geotechnical
or right of way issues arise regarding the construction of the pedestrian sidewalk from the toll booths to Harborview Drive, those issues must be resolved prior to bid opening on the
main project, to be included in the main project bid proposal. If any new significant environmental, technical, geotechnical or right of way issues cannot be resolved prior to bid opening,
then this pedestrian sidewalk extension from the toll booths along the south side of Olympic Drive to Harborview Drive would be separated from the main project and would be constructed
in its own project as Phase 2A. If the significant environmental, technical, geotechnical or right of way issues which cause a postponement of the sidewalk extension project can be solved
within a reasonable time, then the pedestrian sidewalk, as Phase 2A of the main project, will be pursued and implemented as soon as the problems are resolved and in any event prior to
the Ferry System beginning the Overhead Loading Walkway Replacement Project. If a significant environmental, technical, geotechnical or right of way issue arises concerning the pedestrian
sidewalk extension project which cannot reasonably be solved within one year from the date of bid opening on the main project, then the Washington State Ferries and the City of Bainbridge
Island will meet to discuss a suitable alternative to the pedestrian sidewalk extension project or a reasonable extension of time for the resolution of problems which delay the beginning
of construction on Phase 2A.
The pedestrian sidewalk proposed as the Phase 2A extension shall connect to the existing pedestrian sidewalk on Harborview Drive.
After construction of the
pedestrian sidewalk, the Ferry System shall provide appropriate stripping across Harborview Drive to the existing sidewalk along Olympic Way that connects with Winslow Way East.
To
maximize the use of the sidewalk along the south side of the dock and holding area, the Applicant will construct a temporary overhead walkway connection spanning between the existing
overhead walkway and the new sidewalk located near the ADA vehicle parking area on the newly widened dock. The temporary overhead connection spanning between the existing overhead walkway
and the new sidewalk will not be ADA accessible. It is understood that this temporary structure will be torn down and replaced in the future Overhead Loading/Elevated Walkway Project
planned at the Eagle Harbor Ferry Terminal site in the near future.
In order to minimize the width of the new dock necessary to accommodate the 294 vehicles proposed for this project
the new or replacement lighting poles added to the dock area will be no higher than 35 feet in height and will be equipped with high cut off fixtures which will minimize light trespass
on the water and to adjacent properties. The use of 35 foot tall light poles is necessary to provide a
safe lighting scheme over the newly widened dock area without the necessity of placing light poles between the vehicle lanes of the newly widened dock.
Access to the terminal from
the shoreline shall be provided. Access shall include a stairway east of the dock and a connection to the existing waterfront trail. The waterfront access on the east side of the dock
via stairway will be a stairway built to UBC requirements and will remain upland of the ordinary high water mark on the shoreline. If, because of the steep slope located on the east
end of the terminal where the stairway is proposed, an access stairway cannot be built upland of the ordinary high water mark when constructed according to the requirements of the UBC,
then an access stairway to the shoreline will not be built at this location. In that event, the Applicant will meet with the city to determine a new location for a shoreline access stairway
at the site.
The Applicant will construct a pedestrian trail as shown in the Ferry Terminal Zone Master Plan (EXHIBIT 10) and the Winslow Master Plan, that will connect to the existing
City of Bainbridge Island Waterfront Trail System at Harborview Drive. Construction of this pedestrian trail will be included as a part of the main dock widening project. However, if
significant environmental, technical, geotechnical, or right of way issues arise, they must be resolved prior to bid opening on the main project. If any new significant environmental,
technical, geotechnical or right of way issues cannot be resolved prior to the main project bid opening, then this pedestrian trail extension construction would be separated from the
main project and would be constructed as a separate project, Phase 2A. If the significant environmental, technical, geotechnical or right of way issues which cause a postponement of
the pedestrian trail construction can be solved within a reasonable time, then the pedestrian trail, as Phase 2A of the main project, will be pursued and implemented as soon as the problems
are resolved and in any event prior to the Washington State Ferries beginning the Overhead Loading Walkway Replacement Project. If a significant environmental, technical, geotechnical
or right of way issue arises concerning the pedestrian trail connection project which cannot reasonably be solved within one year from the date of bid opening on the main project, then
the Washington State Ferries and the City will meet to discuss a suitable alternative to the pedestrian trail connection plan or a reasonable extension of time for resolution of problems
which delay the beginning of construction of this pedestrian trail as a part of Phase 2A of the main project.
The use of the Eagle Harbor Vessel Maintenance Facility for employee parking
as off site accessory parking shall not be considered a precedent for future uses or patterns of ownership on the shoreline.
Interpretive displays shall be provided to describe Eagle
Harbor’s history, such as the significance of the Taylor Avenue landing and the large marine railway. These displays shall be located near the connection to the City’s Waterfront Trail
System to the south of the holding area.
It is understood that the Washington State Ferries method of disposal bilge water from its vessels is and will continue to be that the bilge water is pumped into trucks and disposed
of in Seattle at the Emerald Disposal site or similar disposal site.
A final mitigation plan that expands on the mitigation proposal submitted by the Applicant and which compensates
for identified impacts to marine aquatic habitat and resources at this site should be prepared for approval by both the City Council and the Washington Department of Fish and Wildlife.
The approved mitigation plan should be implemented as a condition of approval of this SSDP. No work can occur within marine waters at this site until this expanded mitigation plan is
approved and included as a condition of the Hydraulic Project Approval.
NOW THEREFORE, having conducted public hearings, visited the site and reviewed documents submitted for the
record, the Hearing Examiner makes the following recommendations:
It is the Hearing Examiner’s recommendation to the City Council that they request further information regarding additional
mitigation measures for environmental impacts directly related to this proposal and if necessary hold additional public hearings on the issue.
It is recommended that the Council approve
the application for a Shoreline Substantial Development Permit as requested by WSDOT, however, said approval should include the conditions enumerated above and should be granted subject
to a mitigation plan being approved by the Council which expands on the mitigation proposal presently on record (dated May 20, 1999) and which new plan fully compensates for the identified
impacts to the marine aquatic habitat and resources at the project site and which has the approval of the Washington Department of Fish and Wildlife.
Dated August 20, 1999
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Robin Thomas Baker
Hearing Examiner Pro Tem
City of Bainbridge Island