CITY OF BAINBRIDGE ISLAND
CITY CLERK
El:Oll'l~81IB.:I
CITY OF BAINBRIDGE ISLAND
OFFICE OF THE HEARING EXAMINER
APPLICATION FOR SHORELINE
CONDITIONAL USE PERMIT
FOR POINT WHITE SEWER
APPLICANT: CITY OF BAINBRIDGE
ISLAND
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FINDINGS OF FACT
CONCLUSIONS OF LAW
AND DECISION
FINDINGS OF FACT
1. The City of Bainbridge Island Public Works Department retained the firm of Berryman
and Henigar, Inc., to prepare and process an application for a Shoreline Conditional Use Permit to
allow installation of sewer line along Point White Drive, between Lynwood Center and Point
White. This application was filed in May of2003. A Mitigated Determination of Non significance
(MONS) was issued on August 26,2003.
2. The City proposes installation of a new sewer line under the paved portion of Point White
Drive, between Lynwood Center Road and Point White Drive. The sewer line would extend
service south and west along Point White Drive to 3066 Point White Drive. Only residences
located on the east side of Point White Drive will be served by the new sewer line. The City will
install a short section of 8-inch gravity sewer main and a longer length of 3-inch sewer force main
within the right-of-way of Point White Drive. The 8-inch gravity sewer main will be built under
Point White Drive NE, beginning at a point 250-feet west ofLynwood Center Road and
continuing to approximately 360-feet west ofLynwood Center Road. The City will also install
7,250 lineal feet of 3-inch sewer line under Point White Drive NE. The 3-inch sewer liner will be
installed from a point 600-feet west ofLynwood Center Road to approximately 7,250 feet west
southwest ofLynwood Center Road. The force main sewer will be constructed entirely within the
roadway prism. Pressure side sewer services will be extended to each lot as sewer hook up is
requested. Each property owner will be responsible for the installation of a grinder pump and a
small diameter pressure line which extends from the residence to the main sewer service.
3. This sewer project is a part of a collection of sewer projects being proposed by the City of
Bainbridge Island to expand sewer service connected to Kitsap County Sewer District No.7
Treatment Plant. The City Council passed a Comprehensive Plan amendment under Ordinance
2001-43 which amended policies of the Water Resources Element of the Comprehensive Plan.
The sewer projects are consistent with that Comprehensive Plan amendment.
4. Point White is a paved roadway which follows the shoreline of Rich Passage on the west
side of Bainbridge Island. The road follows a gently rolling terrain. Established street grades are
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5% or less. Point White Drive is paved with asphalt and has gravel shoulders. Subsurface soils
are predominately till overlain by shallow layers of stratified sand containing gravel and a strata of
clay and silt. The proposed sewer main will provide service to 61 residential lots. It is anticipated
that approximately 50% of these residential lots will hook up to the sewer line within one year of
installation, and the remaining lots will connect over the next 15 years. Point White Drive is
located within 200-feet ofPuget Sound.
5. Berryman and Henigar, Inc. retained the firm of Wi Iter mood and Association, Inc. to
prepare a wetlands inventory report for all of the south island sewer projects. This report
{EXHIBIT 13] describes the soils and critical areas found in the project area. A series of ditch
wetlands were identified along the west edge of Point White Drive where seepage and seasonal
drainages exit the steep slope and drain into the ditches. The ditches eventually drain under the
road and flow into Rich Passage. Two small pocket wetlands were identified on two developed
lots on the east and south sides of the road. A drawing attached to the Wiltermood Report gives
the approximate location of wetlands identified along Point White Drive. Most of the delineated
wetlands lie within the Dystric Xerorthents and Normal Fine Sandy Loam soils area. The largest
of the wetlands is located at the east end of Point White Drive. This wetland consists of a newly
created estuarine community adjacent to a freshwater forested emergent wetland system. The
City determined that this system meets the criteria for a Category 1 system because it contains two
wetland classes and at least three vegetative communities. Point White Drive is situated within
the buffers of the identified and delineated wetlands
6. Wiltermood also identified two streams which cross through culverts under Point White
Drive and empty into Rich Passage. One stream has been classified as a Class III stream. It flows
out of the estuarine community identified just west ofLynwood Center. The second stream is a
small stream that does not support fish. This stream flows under Point White, about II, mile south
from the point in the road where Point White Drive turns south. At the crossing of the estuary
stream, the sewer main will be constructed within the existing roadway and above the existing
concrete bridge (box culvert). There is a limited amount of depth from the road surface to the
bridge top at the estuary crossing. To accommodate this limited depth, the sewer line will be
placed in a ductile iron pipe sleeve where it crosses the box culvert. The sleeve will be buried to a
depth of approximately I-foot. The sewer line will be installed over the top of the culvert
carrying the second stream. No construction will occur within the streams estuary or related
wetlands. The sewer line will be installed using a method of trenching and backfilling to minimize
soils exposure and erosion control. The completed project will not change surface water runoff.
Any vegetation disturbed during construction will be replanted with native vegetation prior to
project completion.
7. Properties on the east side of Point White Drive have been zoned R-2 and given a
Comprehensive Plan designation ofOSR 2. Properties located on the west side of Point White
Drive are zoned R-I and have been given a Comprehensive Plan designation of OSR I. The
proposed sewer main begins at a point just west of the Lynwood Center Neighborhood Service
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Center. This Center supports a variety of uses including commercial and multi-family residential.
Point White Drive is located within 200-feet of the Puget Sound shoreline and is included in the
jurisdiction of the Shoreline Master Program. The project area is designated as a semi-rural
shoreline environment. The Comprehensive Plan was amended to facilitate to the provision of
sewer service in this area of the city. Ordinance 2001-43 amended the Water Resources Element
of the Comprehensive Plan. This sewer line project was designed to respond to the policies of the
amended plan (see SSP 1.1, SSP 2.2, SSP 2.3, SSP 2.4(A) and SSP 2.4(B}.
8. A SEPA MONS was issued by the City on August 26,2003. Mitigation measures
required for that approval are designed to address probable adverse environmental impacts from
this sewer line project. Included in those mitigation measures is a requirement that the City adopt
a temporary erosion and sedimentation control plan and a stormwater management plan to control
potential impacts during construction activities. Restrictive time limitations have been placed on
work in the area around the stream and estuary west ofLynwood Center. The environmental
checklist filed by the applicant states that Chinook salmon have been found just outside the
culvert which carries water from the estuary. To minimize impacts to migrating juvenile Chinook
salmon, the City has prohibited work in the area of the stream or estuary between March 14th and
June 15th of each calendar year. Silt fencing and other appropriate erosion control measures will
be installed adjacent to the stream, estuary and associated wetlands before construction activity.
9. These sewer lines will be installed completely underground. No above ground structures
will be built in this project area. Existing residences in the area use individual septic systems.
These systems will be abandoned as the residences hook up to this new sewer system. No
construction activities will occur immediately adjacent to the shoreline. Construction work for
installation of the sewer line over stream beds will be limited to the road surface area above the
stream culverts. Culvert placement will not be altered by the project. Construction will occur
continuously with trenching followed by immediate backfilling, to minimize exposed soils on the
site. Following construction and backfill, the surface soils will be compacted and surfaced with
gravel. Prior to project completion, the paving will be restored and areas of disturbed vegetation
will be replanted, or hydro seeded and restored, to pre-construction conditions, or replanted and
restored to a condition acceptable to the City or the property owner. Measures will be taken
during construction to protect existing vegetation. No construction activity, storage of materials
or vehicles, or soil stockpiling will take place within critical areas, including streams, wetlands and
their buffers, except within the improved right-of-way where it crosses these critical areas.
10. Since this sewer line will be constructed within the paved portion of the roadway, it is
anticipated that traffic flow along the roadway will be impacted during construction activities.
The applicant will post a notice of the construction location and a time line to notifY nearby
residents of temporary interruptions in traffic flow. In addition, the City will notifY the Bainbridge
Island Fire Department of temporary interruptions in traffic flow before construction begins.
Emergency vehicle access will be maintained in the construction area at all times. If a portion of
Point White Drive must be temporarily blocked during construction activities, the Fire Marshall
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will be notified of these access limitations. Construction noises will not exceed noise level
maximums set by BIMC noise ordinances.
11. On September 26, 2003, a Public Hearing was held before the Hearing Examiner to
consider the application. Prior to the hearing, notice was published in the Bainbridge Review on
September 6,2003 notice of the public hearing was mailed to the owners of property within 300
feet of the proposed project on September 3, 2003, and notices were posted at the City Hall, the
Chamber of Commerce, and the Ferry Terminal on September 3,2003 notice was posted at the
subject property on September 5, 2003 (EXHIBIT 33]. The Hearing Examiner visited the site on
September 25,2003.
CONCLUSIONS OF LAW
I. This application for Shoreline Conditional Use Permit is properly before the Hearing
Examiner pursuant to jurisdiction established in BIMC 16.12.380 (C)(4). The Hearing Examiner
conducted a public hearing following the procedures outlined in BIMC 2.16.100. The Planning
Director issued a final SEPA MONS on August 26, 2003. No appeals were filed. The Director
did not refer the application to the Planning Commission for recommendation. Adequate legal
notice was given of the public hearing held on September 26,2003.
2. BIMC 16.12.150 lists the permitted shoreline uses in upland environments. Primary
utilities are allowed in the semi-rural shoreline environment if permitted as a conditional use and if
no feasible alternative exists. The City has shown that no feasible alternative is available for the
location of this 3 -inch sewer force main and 8-inch gravity sewer main to service the homes along
the east side of Point White Drive. The properties along the west side of Point White Drive
contain several areas of steep slopes. Numerous wetlands have been identified adjacent to the
west side ofthe roadway. Private residential lots have been developed along the east side of the
roadway, between the roadway and the shoreline. Impacts to adjacent wetlands and streams will
be minimized by constructing a sewer line entirely within the roadway prism, utilizing a shallow
construction method which places the sewer line at a maximum depth of3-4 feet and above
existing culverts. No project activity will occur within the steep slope areas on the west side of
Point White Drive.
3. The Shoreline Master Program requires a Shoreline Conditional Use Permit Application
demonstrate that the criteria ofBIMC 16.12.380(C)(I)(a-f) are satisfied before a permit may be
authorized. The applicant must demonstrate that all of the criteria are met.
4. BIMC 16.12.380 (C)(I) states: Uses classified as conditional uses may be authorized;
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provided, that the applicant can demonstrate all of the following;
a. The proposed use will be consistent with the policies of RCW 90.58. 020 or its successor and
the policies of the master program.
The applicant has shown that the proposed use of this public right -of-way for installation
of a public sewer line will be consistent with the policies of the Shoreline Management Act and
the policies of the City of Bainbridge Island Shoreline Master Program. The environmental
concerns described by policies in BIMC 16.12.070 have been addressed by this application. The
sewer line will be installed 3-4 feet under the surface of the roadway and over the top of existing
culverts. Additional reinforcement will be used to protect the pipe where it crosses the box
culvert where roadway depth is limited. The applicant states that surface water runoff will not be
increased as a result of this project. Stormwater management controls will be designed as
directed in the Stormwater Management Manual for the Puget Sound Basin, issued by the
Washington State Department of Ecology. Temporary erosion and sedimentation control
measures will be utilized during construction to maintain effective erosion control. No
construction activities will take place along the shoreline, or within any wetland or stream.
Construction activities will be prohibited near the Schel-Chelb Estuary from March 14th to June
15th of each calendar year to help protect migrating juvenile salmon. Surrounding land and water
uses should not be impacted by the operation of this sewer line once construction is complete. No
shoreline stabilization measures will be needed for this project. The replacement of on-site septic
systems with this public sewer line should improve water quality in this shoreline environment.
The project has been designed to protect environmentally sensitive areas identified near the
project site. The public's visual and physical access to the project site area will not be changed by
the installation of a public sewer line underground in the roadway. This project has been designed
to be consistent with the policies ofRCW 90.58.020 and the policies of the Shoreline
Management Master Program.
5. BIMC 16.12.380 (C)(!) states: Uses classified as conditional uses may be authorized;
provided, that the applicant can demonstrate all of the following;
...b. The proposed use will not interfere with the normal public use of the public shoreline.
This sewer line being installed under an existing paved roadway. The normal public use of
the public shoreline will not be affected by this project. Temporary blockage of one or both lanes
of Point White Drive may occur during construction activities. This road blockage may hinder
access to the shoreline in those limited locations. The City will post notice oflocation and a
timeline for road closures and construction activities. There will be no permanent interference
with the normal public use of the public shorelines as a result of this sewer line installation project.
6. BIMC 16.12.380 (C)(!) states: Uses classified as conditional uses may be authorized;
provided, that the applicant can demonstrate all of the following;
...(c) The proposed use of the site and design of the project will be compatible with other
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permitted uses within the area.
The use of the public right-of-way for a public sewer line to serve residential lots which
abut Point White Drive is compatible with the use of this right-of-way for a public access road
and for location of other public and private utilities. Properties adjoining the roadway will be
served by this public sewer line. The operation of this public sewer line will facilitate the
continued use ofthese residential properties for single-family residential use.
7. BIMC 16.12.380 (C)(!) states: Uses classified as conditional uses may be authorized;
provided. that the applicant can demonstrate all of the following:
... (d) The proposed use will cause no unreasonably adverse effects to the shoreline environment
designation in which it is located.
This sewer line will be constructed in compliance with all SEPA MONS mitigation
measures and additional conditions recommended by the Department of Planning and Community
Development. The proposed use of this right-of-way for a sewer line will cause no unreasonably
adverse effects to the shoreline environment. Mitigation measures require erosion and
sedimentation control, stormwater management, minimal vegetation disturbance, revegetation of
disturbed areas and construction activity limitations. The establishment of a public sewer line
along this portion of the shoreline will benefit the shoreline environment by encouraging the
abandonment of on-site septic systems on residential lots. The sewer line will be constructed
entirely within the roadway prism and no additional disturbed areas will result from this
construction project. Construction materials and vehicle parking will be located outside critical
areas and in areas pre-approved by the Department of Planning and Community Development.
No unreasonably adverse effects to the shoreline environment have been identified in the hearing
record which cannot be mitigated by the conditions attached to the project.
8. BIMC 16.12.380 (C)(l) states: Uses classified as conditional uses may be authorized;
provided, that the applicant can demonstrate all of the following:
...(e) The public interest suffers no detrimental effect.
The public will benefit from this sewer line installation project, since homes along the east
side of Point White Drive, between Point White Drive and the Rich Passage shoreline will be
connecting to the public sewer line and abandoning their individual septic systems. Ground water
quality along the shoreline should improve as the result of the use ofthis new public sewer
system. This sewer line will be installed entirely underground beneath the paved roadway surface.
The public will realize no physical or visual impacts from this sewer line installation after project
completion. Temporary traffic and access limitations will occur during construction, however, the
roadway will be restored to pre-installation conditions after completion of the sewer line project.
No evidence was presented that demonstrated a substantial detrimental effect to the public interest
from this public sewer line installation.
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9. BIMC 16.12.380 (C)(l) states: Uses classified as conditional uses may be authorized;
provided, that the applicant can demonstrate all of the following:
... (f) The proposed use is consistent with the provisions of the zoning ordinance and the
comprehensive plan.
The proposed use of a portion of this roadway to locate a public sewer line is consistent
with the provisions of the zoning ordinance and the amended Water Resources Element of the
Comprehensive Plan. The properties along this roadway have been zoned for residential
development. Most properties along the east side of Point White Drive are already developed for
single-family residential use. These properties are the properties designated for service by this
public sewer line. The availability of public sewer for these properties will allow their continued
use as single-family residential lots. The establishment of a public sewer system along this section
of Point White Drive will improve ground water quality and will help protect the shoreline
environment from effluent discharge.
10. This application for a Shoreline Conditional Use Permit satisfies the conditions required in
BIMC 16.12.3 80(C)(l)( a-f) if the conditions of approval recommended by the Department of
Planning and Community Development are complied with during construction. Those conditions
of approval are necessary to protect the shoreline environment from probable adverse effects
generated by the project. The following conditions of approval must be attached to this Shoreline
Conditional Use Permit approval:
1. To address run-off concerns, the applicant shall submit a Temporary Erosion and
Sedimentation Control Plan meeting the requirement ofBIMC 15.20 to the Public
Works Department for review and approval prior to any clearing, grading, or
construction activities.
2. Clearing, grading, or filling shall only occur in the period between April 1'( and
October I ,( unless the applicant provides an erosion control plan that specifically
identifies methods for wet-weather conditions. Such a plan shall be reviewed and
approved by the Public Works Department prior to beginning any earthwork.
3. Regarding stormwater management, the applicant shall utilize Best Management
Practices as endorsed by the Department of Ecology and as directed in its
Stormwater Management Manual for the Puget Sound Basin (Technical Manual).
4. To mitigate noise impacts to adjacent development, construction activities shall be
limited in accordance with the provisions ofBIMC Section 16.16.025. (The
current provisions limit outside construction activities to 7:00 a.m. to 7:00 p.m. on
weekdays, not including legal holidays, and 9:00 a.m. to 6:00 p.m. on Saturdays,
not including legal holidays. Outside construction activities shall be prohibited on
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Sundays and all legal holidays.)
5. To mitigate impacts on air quality during earth moving activities, contractors shall
conform to Puget Sound Air Pollution Control Regulations which ensure that
reasonable precautions are taken to avoid dust emissions (Section 16.08.040,
BIMC).
6. Measures to protect existing vegetation shall be employed during construction. All
disturbed areas shall be immediately replanted or hydro seeded and restored to pre-
construction conditions or as acceptable to the City or the property owner.
7. No construction activity, storage of materials or vehicles, or soil stockpiling shall
take place within critical areas, including streams, wetlands and their buffers,
except in the improved right-of-way.
8. In the area of the stream and estuary west ofLynwood Center, the sewer main
shall be constructed in the existing paved roadway and above the existing concrete
bridge. Silt fencing and other appropriate erosion control measures shall be
installed adjacent to the stream, estuary, and associated wetlands prior to
commencement of construction in that area. The silt fencing shall be inspected by
planning staff prior to construction.
9. All work in the area of the stream and estuary west ofLynwood Center shall be
conducted during the time period of June 15th to March 14th to minimize impacts
to migrating juvenile chinook.
10. Upon completion of sewer line installation, disturbed road banks shall be restored
to pre-project configuration, replanted with native vegetation and provided
maintenance care until the newly planted vegetation is established.
11. Prior to construction of the sewer line, the applicant shall post notice of the
construction location and timeline to notifY nearby residents of the temporary
interruption in traffic flow.
12. The Bainbridge Island Fire Department shall be notified before construction begins
and emergency vehicle access shall be maintained in the construction area at all
times. The Fire Marshall shall be notified if access along Point White Drive is to be
temporarily blocked.
Non-SEPA Conditions:
13. All work for installation of the sewer main shall be completed within the existing
Point White Drive right-of-way. The construction of individual sewer connections
and grinder pump assemblies may occur outside the right-of-way. Vehicle parking
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and stockpiling of materials may occur offsite at a location approved by the City of
Bainbridge Planning Department.
14. A right-of-way permit shall be obtained from the City of Bainbridge Island
Department of Public Works before construction activities begin.
15. At the Schel-Chelb stream/estuary crossing west ofLynwood Center, the sewer
main shall be constructed entirely within the road prism. Existing culverts shall not
be modified. Additionally, a ductile iron pipe sleeve shall be installed across the
box culvert and the sewer line shall be inserted in the sleeve at a depth of
approximately one foot below the road surface to accommodate the limited depth
from road surface to bridge top at the estuary crossing.
DECISION
This Shoreline Conditional Use Permit is granted to allow the installation of a sewer main within
the existing right-of-way of Point White Drive, from a point 250-feet west ofLynwood Center
Road to the tip of Point White, approximately 7,250 feet west southwest ofLynwood Center
Road, near 3066 Point White Drive. This Shoreline Conditional Use Permit is granted subject to
the conditions of approval listed in Conclusion of Law 10 above.
Dated this \ 'l~ day of.}~ , 2004
a
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Robin Thomas Baker
Hearing Examiner Pro Tem
APPEAL
This decision is the final decision of the City. The decision shall be forwarded to the Washington
State Department of Ecology and the Washington State Attorney General for decision. This
decision may be appealed to the Washington State Shoreline Hearings Board as provided in
BIMC 16.12.380 and RCW 90.58.180.
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