CITY OF BAINBRIDGE ISLAND (2)CITY CLERK
CITY OF BAINBRIDGE ISLAND
OFFICE OF THE HEARING EXAMINER
APPLICATION FOR SHORELINE ) SCUP 12102C
CONDITIONAL USE PERMIT ) FINDINGS OF FACT
FOP, PLEASANT BEACH NORTH ) CONCLUSIONS OF LAW
SEWER. ) AND DECISION
APPLICANT: CITY OF BAINBRIDGE )
ISLAND )
)
FEB 18 ~10:13
FINDINGS OF FACT
1. The City of Bainbridge Island retained the firm of Ber~man and Henigar, Inc., to prepare
and process an application for a Shoreline Conditional Use Permit to allow installation of a 3-inch
sewer line along Pleasant Beach Drive NE, south of Lynwood Center. This application was filed
in May of 2003. A Mitigated Determination of Nonsigniflcance (MI)NS) was issued on August
26, 2003.
2. This sewer project is a part ora collection of sewer projects being processed by the City
of Bainbridge Island to expand sewer service connections to the Kitsap County Sewer District
No.7 Treatment Plant. The City Council passed a Comprehensive Plan amendment (Ordinance
2001-43) which amended the policies of the Water Resources Element of the Comprehensive
Plan. This sewer line project was designed to respond to the policies of the amended plan [SSP
1.1, SSP 2.2, SSP 2.3, SSP 2.4(A) and SSP 2.4(B)]. The sewer line project, as designed, is
consistent with the policies of the Comprehensive Plan and the South Bainbridge Island Sewer
Service Plan adopted for expansion of Sewer District No.7.
3. Pleasant Beach Drive NE follows the shoreline of Rich Passage on the southwest end of
Bainbridge Island. The road follows a gently rolling terrain. Established street grades within the
developed roadway are 5% or less. Pleasant Beach Drive NE is paved in 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.
4. Berryman and Henigar, Inc. retained the firm of Wiltermood and Associates, Inc. to
prepare a wetlands inventory report for all of the south island sewer projects. This wetlands
report was written using information from the City of Bainbridge Island GIS mapping, the Kitsap
County Soils Survey and the National Wetlands Inventory. The inventory was conducted by
observing hydrology and/or hydrophytic plant species in the project areas. The wetlands were
categorized based on information provided in the Department of Ecology's Wetland Rating
System for Western Washington (second edition). No formal wetland rating form was completed.
Stream classifications were provided by the City staffbased on existing information. The section
of Pleasant Beach Drive NE which was inventoried for this report extends from Lynwood Center
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to a point about 100-feet west of Lytle Road. Properties on both sides of Pleasant Beach Drive
NE have been developed with single-family homes. In some areas along the roadway, upland
conifer forests remain between the road and the homes. The terrain on the west side of Pleasant
Beach Drive NE is mostly flat. Steep slopes occur in limited areas on the east side of the road.
GIS mapping did not indicate the presence of wetlands or streams within the project area. The
Wiltermood investigation did not identify any wetlands or streams within the project area. A
Class IV stream system was identified east of Lyric Road, approximately 100 feet from the south
end of the sewer line project. No wetland plant species were identified in the project area.
5. Properties along Pleasant Beach Drive NE have been zoned R-2 and given a
Comprehensive Plan designation of OSR 2. The proposed sewer line will begin just south of
Lynwood Center. The Lynwood Center Neighborhood Service Center supports a variety of uses
including commercial and multi-family residential. The Lynwood Center area is designated as a
Neighborhood Service Center in the Comprehensive Plan. Pleasant Beach Drive NE is located
within 200-feet of the Puget Sound shoreline and is included within the jurisdiction of the
Shoreline Master Program. Prima~y utilities are allowed in the semi-rural shoreline environment if
permitted as a conditional use and if no feasible alternative exists. The City will install this sewer
line within the established road prism of Pleasant Beach Drive NE. No construction activity will
occur immediately adjacent to the shoreline or within any wetland or stream. Steep slope areas
identified on the east side of Pleasant Beach Drive NE will remain undisturbed.
6. The sewer line will be installed along Pleasant Beach Drive NE, beginning at a point 330
feet south of Point White Drive NE and continuing 2,680 lineal feet south/southeast. Pressure
side sewer services will be extended to residential lots along this right-of-way as sewer hook up is
requested. The force main sewer line will be constructed entirely within the roadway prism of
Pleasant Beach Drive NE. The sewer will be installed along the roadway shoulder, adjacent to a
6-inch sewer force main which connects to the Lynwood Center pump station, also operated by
Sewer District No.7. The sewer lines will be installed at a depth of approximately 24-inches
below the surface of the roadway. No above ground structures will be built in this project area.
Construction will occur continuously with trenching followed by immediate backfilling to
minimize soils exposure. Following construction and backfill, the surface soils will be compacted
and surfaced with gravel. Prior to project completion, any paving removed during the project will
be restored and areas of disturbed vegetation will be replanted or hydro-seeded and restored to
pre-construction conditions, or to a condition acceptable to the City or the property owner.
Measures will be taken during construction to protect existing vegetation. No filling or grading is
proposed. Impervious surface coverage in the project area will not change as a result of this
project. Silt fences, geotextiles and other best management practices will be used during
construction to prevent erosion impacts on adjoining properties. The completed project will not
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change surface water runoff.
7. This sewer line will be installed entirely underground. Once the project is completed there
will be no interference with the normal public use of the public shoreline. The proposed sewer
main will serve existing residential properties along Pleasant Beach Drive NE. The sewer main
will provide hookups to properties included in the Pleasant Beach North LID boundary area, as
formed by the LID participants. Approximately 33 households will be served by this sewer line.
Force systems will be required to maintain flow in the sewer line. Each property owner will be
required to install a grinder pump and small diameter pressure line from the house to the sewer
line when sewer service is requested. To avoid overflows of untreated sewage in the event of a
power failure, individual pump systems will be required to include reserve tanks capable of storing
up to one day's expected effluent. Electricity will be used to operate individual sewage grinder
pumps.
8. Installation of this sewer line along Pleasant Beach Drive NE will cause temporary traffic
delays. One lane of the roadway will remain open at all times during construction. Flaggers will
direct traffic around work sites. Sewer lines will be located along the shoulder of the roadway to
avoid interference with other utilities installed under the roadway. The Fire Department will be
notified before construction begins. Emergency vehicle access will be maintained in the
construction area at all times. The City will post notice of construction locations and a timeline
for work in progress, to notify nearby residents of anticipated temporary interruptions in traffic
flow. Construction activities will generate noise which will impact neighboring properties. Noise
levels during construction will not exceed noise level maximums set by BIMC noise ordinances.
9. The installation of the proposed sewer line along Pleasant Beach Drive NE will provide
public sewer services for residences along that roadway. The proposed sewer main is intended to
service existing residential properties where individual septic systems have historically provided
sewage disposal. As these residential properties connect to the new sewer line, septic systems on
those properties will be abandoned. The proposed sewer installation project will help protect the
Puget Sound shoreline by replacing existing on-site septic systems with a sanitary sewer system
that will collect, treat and process the sewage in accordance with Department of Ecology
requirements. Installation of the sewer system will reduce the risk of pollution to the
groundwater and to the shoreline environment.
10. The design of the proposed sewer line as an underground facility within the existing
roadway is compatible with residential uses in the area. The sewer line will not interfere with
shoreline uses orwith public views ofthe shoreline. The proposed sewer line will serve existing
residences and property which have been developed consistent with current zoning and
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Comprehensive Plan designations. The system is not intended to support higher density
development.
11. A SEPA MDNS 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 project
managers adopt a temporary erosion and sedimentation control plan and a stormwater
management plan to control potential impacts during construction. Cutting, grading and filling
may occur only in the period between April 1 '~ and October 1~t, unless the applicant provides and
erosion control plan that specifically identifies methods for wet weather conditions. The Director
has recommended three additional conditions of approval for this Shoreline Conditional Use
Permit. Those additional conditions require that all work for installation of the sewer main be
completed within the existing Pleasant Beach NE right-of-way and require a right-of-way use
permit prior to construction activity. The Director has also recommended Condition No. 14
which is repetitive of SEPA MDNS Condition 8.
12. 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
1. 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 MDNS 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 allows the installation of primary utilities in shoreline semi-rural
environments as a conditional use, if no feasible alternative exists. The City has shown that no
feasible alternative route exists for this proposed sewer line to service shoreline residents along
Pleasant Beach Drive NE. BIMC 16.12.030(194) defines primary utilities as: the facilities that
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produce, transmit, carry, store, distribute or process electric power, gas, water, sewage or
information. The 3-inch sewer force main to be constructed within the Pleasant Beach fight-of-
way meets the definition of a prima~y utility.
3. The Shoreline Master Program requires a Shoreline Conditional Use Permit Application to
demonstrate that the criteria of BIMC 16.12.380(C)(1)(a-0 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)(1) states: Uses classified as conditional uses may be authorized;
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 proposed use of this public right-of-way for a sewer force main is consistent with the
policies of RCW 90.58.020 and the policies of the policies of the City of Bainbridge Island
Shoreline Master Management Program. One of the primary goals of the Shoreline Management
Act is to minimize the impacts of shoreline uses and activities on the shoreline environment. The
installation of this public sewer line to service residences built along Pleasant Beach Drive NE and
the Rich Passage shoreline will minimize potential impacts to Puget Sound from sewage disposal
systems serving those residences. The on-site septic systems now being used will be abandoned
after connection to the public system. No construction activities will take place along the
shoreline. 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. Temporary erosion and sedimentation control measures will be utilized to prevent
sediment runoffinto Puget Sound. Surface water runoffwill not be increased. No filling or
grading is proposed. The sewer line will be constructed by trenching and backfilling in place as
the line is constructed to minimize soils erosion. The roadway will be restored to its pre-project
condition after project completion. The roadway will be paved and the shoulders gravelled
Areas of vegetation disturbed during construction will be replanted or restored to pre-project
conditions, as approved by the City of Bainbridge Island Planning Department. The public visual
and physical access to the project area will not be changed by the installation ora public sewer
line along the roadway shoulder. This project, as described by the applicant and as conditioned by
the SEPA MDNS, ensures that this use of public right-of-way will be consistent with the policies
of RCW 90.58.020 and the policies of the Shoreline Management Master Program.
5. BIMC 16.12.380 (C)(I) 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.
Use of this public roadway for installation of a public sewer main will not interfere with
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the normal public use of the public shoreline, nor the normal public use of the public right-of-way.
The sewer line will be installed at least 24-inches below the surface of the roadway. The line will
be installed entirely within the roadway prism. No construction activities will take place on the
shoreline or within any wetland or stream identified near the project site. This buried sewer line
will not be visible from any adjacent property once the installation has been completed.
Temporary blockage of one or both lanes of Pleasant Beach Drive NE may occur during
construction activities. This road blockage may hinder access to the shoreline in those limited
locations. The City will post notice of work location 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 project.
6. BIMC 16.12.380 (C)(1) 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
permitted uses within the area.
The use of the public right-of-way for a public sewer line to serve residential lots which
abut Pleasant Beach Drive NE 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 of these residential properties for single-family residential use. The design of the
project as an underground primary utility avoids any interference with the public's physical or
visual access to the shoreline and is compatible with other permitted uses within this semi-rural
shoreline environment.
7. BIMC 16.12.380 (C)(1) states: Uses classified as conditional uses may be authorize&
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 MDNS mitigation
measures and additional conditions recommended by the Director. The proposed use of this
right-of-way for a sewer line will cause no unreasonably adverse effects to the shoreline
environment. SEPA mitigation measures require erosion and sedimentation control, stormwater
management, minimal vegetation disturbance, revegetation of disturbed areas and construction
activity limitations. The installation 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
presently utilized on residential lots. The sewer line will be constructed entirely within the
roadway prism. All areas disturbed during construction will be revegetated to pre-project
conditions. Construction materials and vehicle parking will be located only in areas pre-approved
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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)(1) 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 Pleasant
Beach Drive NE will be connecting to the public sewer line and abandoning their individual septic
systems. Ground water quality along the shoreline will improve as a result of this new public
sewer system. This sewer line will be installed entirely underground beneath the 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 project. No
evidence was presented that demonstrated a substantial detrimental effect to the public interest
from this public sewer line installation. The sewer installation project is being funded through a
public LID process that includes public meetings and prior City Council approval. The project is
intended to benefit the public and the environment by improving waste water treatment service for
homes that connect to the system, and by reducing the potential input of untreated waste water
into Puget Sound.
9. BIMC 16.12.380 (C)(1) states: Uses classified as conditional uses may be authorized;
provided, that the applicant can demonstrate all of the following:
... (/) The proposed use is consistent with the provisions of the zoning ordinance and the
comprehensive plan.
The proposed use of a portion of this right-of-way to locate a public sewer force main 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 (R-2). Most properties along Pleasant Beach Drive NE are already developed for
single-family residential use. These properties are 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 Pleasant Beach
Drive NE will improve ground water quality and will help protect the shoreline environment from
effluent discharge. The Director has determined that the construction ora sewer line in the
roadway is a permitted activity and is a normal utility included in the public right-of way. BIMC
16.12.120(B) requires that in shoreline areas, pipelines must be placed underground and must
utilize existing rights-of-way whenever possible. Sites disturbed for utility installation must be
stabilized during and following construction to avoid adverse impacts from erosion. Sites must be
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replanted with native vegetation immediately following construction. This project has been
conditioned to require erosion control measures, as well as restoration of native vegetation in
disturbed areas. The sewer main will be constructed underground within an existing right-of-way
as required. Ordinance 2001-43 amended the Water Resource Element of the Comprehensive
Plan to facilitate the provision of sewer service in specific areas of the south end of the city, in
response to environmental and health concerns. This sewer main project has been designed in
response to the policies of the amended Comprehensive Plan [see SSP 1.1, SSP 2.2, SSP, 2.3,
SSP 2.4(A) and SSP 2.4(B)].
10. This application for a Shoreline Conditional Use Permit to install a sewer line along
Pleasant Beach Drive NE, south of Lynwood Center, has demonstrated that the conditions listed
in BIMC 16.12.380(C)(1)(a-0 are met by this proposal. The Shoreline Conditional Use Permit
should be granted subject to the mitigation measures adopted as conditions of approval in the
SEPA MDNS issued on August 26, 2003, and non-SEPA conditions recommended by the
Director. Those necessary conditions are as follows:
SEPA Conditions:
1. To address mn-off concerns, the applicant shall submit a Temporary Erosion and
Sedimentation Control Plan meeting the requirement of BIMC 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~t and October Ist
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 of BIMC 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 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
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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 located 100 feet from the south end of the Pleasant Beach North
sewer main, the main shall be constructed in the existing paved roadway and above the
existing culvert. Silt fencing and other appropriate erosion control measures shall be
installed adjacent to the stream prior to commencement of construction in that area. The
silt fencing shall be inspected by planning staffprior to construction.
9. 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.
10. 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.
11. 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 Pleasant Beach Drive NE is to be temporarily
blocked.
Non-SEPA Conditions:
12. All work for installation of the sewer main shall be completed within the existing Pleasant
Beach Drive NE right-of-way. The construction of individual sewer connections and
grinder pump assemblies may occur outside the fight-of-way. Vehicle parking and
stockpiling of materials may occur offsite at a location approved by the City of Bainbridge
Planning Department.
13. A right-of-way permit shall be obtained from the City of Bainbridge Island Department of
Public Works before construction activities begin.
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DECISION
This Shoreline Conditional Use Permit is granted to allow the installation of 2,680 lineal feet of 3-
inch sewer force main within the existing right-of-way of Pleasant Beach Drive NE, from a point
beginning 330 south of Point White Drive NE. This Shoreline Conditional Use Permit is granted
subject to the conditions of approval listed in Conclusion of Law 10 above.
Datedthis 1'3~c~ dayof ~,2004
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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