CITY OF BAINBRIDGE ISLAND (3)CITY CLERK
CITY OF BAINBRIDGE ISLAND
OFFICE OF THE HEARING EXAMINER
APPLICATION FOR SHORELINE SCUP 12102B
CONDITIONAL USE PERMIT F1NDINGS OF FACT
FOR ROCKAWAY BEACH, HALLS CONCLUSIONS OF LAW
HILL ROAD AND BLAKELY ROAD AND DECISION
SEWER.
APPLICANT: CITY OF BAINBRIDGE
ISLAND
FEB 18 nMlO: 13
FINDINGS OF FACT
1. The City of Bainbridge Island has filed an application for a Shoreline Conditional Use
Permit to allow the construction of a main sewer line within the right-of-way of Rockaway Beach
Road, Halls Hill Road and Blakely Road. Each of these road sections is located within 200 feet of
the shoreline of Puget Sound. The City proposes to construction a primary sewer line within the
right-of-way of each of these streets to provide a public waste disposal system for residences
located along the roadways. The sewer main will be a part of the south island sewer projects
proposed in the South Bainbridge Island Sewer Service Plan for expansion of Sewer District
No.7.
2. Berryman and Henigar, Inc., were hired as consultants to design the south island sewer
line projects. Benyman and Henigar, Inc. hired Wiltermood Associates, Inc. to create a wetland
inventory report for all of the south island sewer projects [EXHIBITll]. Wiltermood and
Associates, Inc. prepared a soils survey and critical areas inventory for the project areas.
Rockaway Beach Road runs through an established shoreline community, with homes built
on the shoreline on the east side o£the road. The west side of the road abuts steep slopes which
end at the edge of the road. Several different soil types were found along Rockaway Beach Road.
Wiltermood Associates, Inc. determined that none of these soils are classified as hydric and none
have inclusions ofhydric soil. No wetlands or streams were identified along Rockaway Beach
Road.
The sewer line extends along Halls Hill Road. Two mapped wetlands were identified on
the north side of Halls Hill Road, however, only one of the wetlands is located next to the road.
Water flow from both wetlands flows through culverts under Halls Hill Road and downslope into
Blakely Harbor. Two streams flow by culvert under this section of Halls Hill Road and Blakely
Avenue. The streams eventually flow into Blakely Harbor.
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The portion of Blakely Avenue included in this sewer construction project lies just north
of Blakely Harbor. No wetlands or wetland indicators have been identified along this portion of
Blakely Avenue, other than Blakely Harbor.
3. The sewer line will be installed along Rockaway Beach, from 550-feet south of Creosote
Place NE to 6050-feet south of Creosote Place NE; approximately 5500 lineal feet of 3-inch
sewer line will be installed. Sewer line will also be installed along Halls Hill Road NE, from
Blakely Hill Road NE, a distance of 3700-feet east. Approximately 3700 lineal feet of 3-inch
sewer line will be installed along Halls Hill Road. Sewer line will also be installed along a portion
of Blakely Avenue from NE Coumry Club Road to BlakelyHillRoadNE. Approximately 1730
lineal feet of 3-inch sewer line will be installed along Blakely Avenue.
4. The proposed sewer line will be installed under the existing roadways and landward of
homes located along the shoreline. The line will be constructed on the water side of Rockaway
Beach Road. A pump station to lift sewer over Halls Hill towards the Fort Ward treatment plant
will be installed near the east end of Halls Hill Road. The pump station will be located primarily
underground within a vault type structure but will include above ground controls and a backup
generator. The above ground controls and generator will be housed in a mechanical box about 3-
feet by 4-feet and extending to about 6-feet above ihe ground. The pump station area will be
approximately 15-feet by 15-feet and will be fenced and landscaped. The exact location for the
pump station has not been determined. The City's consultant has stated that the pump station site
will be evaluated by a geotechnical engineer prior to construction to ensure design suitability for
the site.
5. Steep slopes have been identified along Rockaway Beach Road and at the west end of
Halls Hill Road. No project activity will occur within the steep slope areas. The proposed sewer
line will be constructed within the developed roadway prism, to avoid impacts to existing slopes.
The sewer line will be installed under the existing roadway and landward of homes located along
the shoreline. The sewer lines will be installed at a depth of approximately 24-inches below the
surface of the roadway. The sewer lines will be installed over the top of culverts crossing under
the roadway. Culvert placement will not be altered. Existing landscaping and vegetated areas
disturbed by the sewer line installation project will be replanted or hydro seeded to restore them
to pre-construction conditions. Some construction noise will impact neighboring properties,
however, construction noise will not exceed City of Bainbridge Island noise regulation levels.
The pump station installed at the east end of Halls Hill Road will produce a minimal amount of
noise, however, that noise level will also be kept below regulated maximums.
6. This sewer line project will be built in a semi-rural shoreline environment. The project
areas have a zoning classification of R-2 and a Comprehensive Plan designation of OSR 2.
Properties on the west side of Rockaway Beach Drive and Hails Hill Road are zoned R~0.4 and
have a Comprehensive Plan designation of OSR 0.4. BIMC 16.12.150 allows primary utility
installation in a semi-rural upland environment as a conditional use, if no feasible alternative
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exists. The City has chosen the public right-of-way for installation of this sewer line. The
residences served by this portion of the sewer line are located on the east side of the roadway
along the shoreline. Steep slopes abut the west side of the roadway. The City has determined
that construction within those steep slope areas is not feasible. Construction within the fight-of-
way has been chosen to minimize impacts on adjacent properties. No construction activity will
occur immediately adjacent to the shoreline, or within wetlands or streams except where the
existing roadways cross stream channels.
7. Construction of this sewer line under the existing roadway along Rockaway Beach, Halls
Hill Road and Blakely Avenue will cause temporary traffic delays along those roadways. 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 in areas which avoid interference with other
utilities installed under the roadway. The Bainbridge Island 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 (SEPA
Conditions 10 and 11).
8. A temporary erosion and sedimentation control plan, meeting the requirements of BIMC
15.20 will be submitted for approval to the Department of Public Works prior to commencement
of construction activities. This sewer line will be constructed in the roadway where street grades
are approximately 12% or less. Roadways in the project area are paved in asphalt with gravel
shoulders. No filling or grading is proposed. The sewer line will be constructed by trenching and
backfilling in place as the line is constructed. There will be no change in impervious surface
coverage. The completed project will not change surface water runoff The project will result in
enhanced sanitary sewer service for the LID service area which includes Rockaway Beach.
The installation of the proposed sewer main along Rockaway Beach Drive and Halls Hills
Road will provide public sewer services for residences along those roadways. The proposed
sewer main is intended to serve existing residential properties along Rockaway Beach Road where
individual septic systems have historically provided sewage disposal. As these residential
properties hook-up to the new sewer line, septic systems on those properties will no longer be
used. The proposed sewer main will serve about 78 residential lots. Waste from the proposed
sewer system will be pumped to the existing Kitsap County Sewer District No.7 wastewater
treatment plant which discharges into Puget Sound. To avoid overflows of untreated sewage,
individual pump stations will be required to include reserve tanks capable of storing up to one
day's expected effluent in the event of power failure. The sewer main design proposed is
consistent with Comprehensive Plan Amendment Ordinance 2001-43. Electricity will be used to
operate individual sewage grinder pumps. The consultant anticipates that approximately 50% of
the eligible residences will hook up during the first service year and the remaining residences will
connect over a 15 year period.
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10. A SEPA Mitigated Determination of Non-Significance (MDNS) was issued by the
Director of Planning and Community Development on August 26, 2003. No appeals were filed.
The Director listed 11 mitigation measures as conditions of approval. Those mitigation measures
address probable adverse environmental impacts generated by the proposed project. No
additional probable adverse environmental impacts were identified during the public hearing for
this project.
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. [EXHIBIT33].
CONCLUSIONS OF LAW
1. This application for Shoreline Conditional Use Permit is properly before the Hearing
Examiner pursuant to jurisdiction established in BI/VIC 16.12.380 (C)(4). The Hearing Examiner
has conducted a public hearing following the procedures outlined in BIMC 2.16.100. The
Planning Director issued a final SEPA MI)NS. The Director and his staffprepared a staffreport
recommending approval of this Shoreline Conditional Use Permit. 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 installation of primary utilities in semi-rural upland 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 Rockaway
Beach Road. BI/VIC 16.12.030(194) defines primary utilities as "facilities that produce, transmit,
carry, store, distribute or process electric power, gas, water, sewage or information." The main
sewer line proposed by the City meets the definition of a primary utility.
3. BIMC 16.12.380(C)(1)(a-0 lists the criteria which must be met by the applicant before a
Shoreline Conditional Use 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 authorize&
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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 RCt~V 90.5& O2O or its successor and
the policies of the master program.
The proposed use of this public right-of-way for installation of a main sewer line is
consistent with the policies of RCW 90.58.020 and the policies of the City of Bainbridge Island
Shoreline Master Program. One of the primary goals of the Shoreline Management Act is to
minimize the impacts of shoreline uses and activities in the shoreline environment. The installation
of this public sewer line to service residences existing along the Rockaway Beach shoreline will
minimize potential impacts to Puget Sound from on-site septic systems now being used by the
residences. Effective erosion control methods will be used during the construction. Surface
water run-off will not be increased. The sewer line will be constructed in the public right-of-way
and within designated easements to minimize adverse impacts to surrounding land and water uses.
Installation ora public sewer in this shoreline area should improve local water quality conditions.
No filling or grading is proposed. The sewer line will be constructed by trenching and backfilling
in place as the line is constructed. Construction materials will be stored outside critical areas
except in the improved roadway area. Silt fences, geotextiles, and other best management
practices will be used during construction to prevent erosion impacts. Roadway paving will be
restored and areas along the roadway shoulder will be replanted prior to sewer line project
completion. The project as described by the applicant and as conditioned by the SEPA MDNS,
ensures that this use will be consistent with the policies of RCW 90.58.020 and the policies of the
Shoreline Master Program.
5. 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:
...b. The proposed use will not interfere with the normal public use of the public shoreline.
The use of this public roadway for installation of a public sewer main will not interfere
with 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 paved 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. The pump station installed partially
above ground at the east end of Halls Hill Road will be screened by landscaping after installation.
The pump station will be installed either on the north side of the roadway adjacent to the right-of-
way, or within the south side of the right-of-way. The exact location will be determined by a
geotechnical engineering consultant. This pump station will not be installed along the public
shoreline and will not interfere with the public's normal use of the public shoreline. The sewer
line along Halls Hill Road to Blakely Avenue will also be installed under the roadway so that it
does not interfere with the normal public use of the public shoreline in this area.
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6. BIMC 16.12.380 (C)(I) states: Uses classified as conditional uses may be authorize&
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.
This area has been developed for single-family residential use along the shoreline. The
public roadway provides access to those residences. The use of that public roadway for the
location of public primary utilities is compatible with these other permitted uses in the area. The
sewer line will be located under the roadway, in an area which avoids interference with other
utilities now under the roadway. The project has been designed to minimize disturbance within
the right-of-way. Installation of the sewer line by continuous trenching followed by immediate
backfilling will minimize the length of time the roadway is closed to neighborhood traffic. After
the sewer line is installed, roadway paving and shoulder gravel will be replaced so that the use of
this public roadway will be restored to pre-construction conditions. The only above ground
facility will be the pump station at the east end of Halls Hill Road. That pump station will be built
on a 15-foot square concrete pad over an underground tank, and will include above ground
controls and a back-up generator housed in a mechanical box approximately 3-feet by 4-feet and
extending 6-feet above the ground. The pump station area will be landscaped to screen it from
view. The design proposed by the applicant will be compatible with other permitted residential
uses along Rockaway Beach Road and Halls Hill Road.
7. 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:
... (d) The proposed use will cause no unreasonably adverse effects to the shoreline environment
designation in which it is located.
The SEPA MDNS lists eleven mitigation measures which have been imposed to reduce
probable adverse environmental impacts generated by this project. These mitigation measures
address erosion and sedimentation control, stormwater management, noise impacts, air quality
impacts and protection of existing vegetation. If best management practices are followed, these
mitigation measures will ensure that this sewer line project will have no unreasonably adverse
effect on the semi-rural shoreline environment in which it is located. The location of the sewer
line within an established paved roadway will minimize alterations to this shoreline environment.
The sewer line will be placed above existing culverts which carry water flow from streams and
wetlands. Best management practices will be used to ensure that no culvert is disturbed during
construction activities. No construction activities will take place within the wetlands or stream
areas. Construction materials will be stored outside critical areas on improved right-of-way
crossing those areas. All disturbed road banks will be restored to pre-project configuration,
replanted with native vegetation and provided maintenance care until the newly planted vegetation
is established. Temporary erosion and sedimentation control measures will be utilized on site
during all construction activities. Stormwater management measures will conform to the
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requirements of the Stormwater Management Manual for the Puget Sound Basin. These project
requirements will ensure that the proposed use ora portion of this roadway for a public sewer line
will cause no unreasonably adverse effects to this semi-rural shoreline environment.
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.
This project will provide a clear public benefit, since homes along this shoreline that
connect to the public sewer line will then abandon individual septic systems which are now used
for waste disposal. Water quality in the area will be improved. The sewer installation project is
being funded through a public LID process that includes public meetings and requires 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 input of
untreated waste water into Puget Sound. The public interest will suffer no detrimental effect from
the installation of a public sewer line in the public right-of-way along Rockaway Beach Road,
Halls Hill Road and Blakely Avenue as proposed.
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:
· ..(19 The proposed use is consistent with the provisions of the zoning ordinance and the
comprehensive plan.
This main sewer line will be constructed within the existing road prism in the public fight-
of-way. The Director has determined that construction of a sewer line within the roadway is a
permitted activity and is a normal utility included in a 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-ways whenever possible. Sites disturbed for utility installation must be stabilized during
and following construction to avoid adverse impacts from erosion, and the sites must be 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 under ground within an existing right-of-way as required.
The properties abutting this roadway have been zoned for single-family residential development.
Installation of a public sewer line along this roadway to service abutting residences is consistent
with the zoning designations of the properties. Ordinance 2001-43 amended the Water Resource
Element of the Comprehensive Plan to facilitate the provision of sewer service in specific areas at
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)].
9. This application for a Shoreline Conditional Use Permit to install a sewer line along
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Rockaway Beach Road, Hills Hall Road and Blakely Avenue has demonstrated that the conditions
listed in BIMC 16.12.380(C)(1)(a-f) 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:
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 1s' and
October 1st 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 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 hydroseeded 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. 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.
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9. The proposed lift station shall be appropriately screened from view to the
satisfaction of the planning director.
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 Rockaway Beach Drive,
Halls Hill Road, or NE Blakely Road is to be temporarily blocked.
Non-SEPA Conditions:
12. All work for installation of the sewer main shall be completed within the existing
Rockaway Beach Road NE and Halls Hill Road rights-of-way. The construction
of individual sewer connections and grinder pump assemblies may occur outside
the rights-of-way. Vehicle parking and stockpiling of materials may occur offsite
at a location approved by the City of Bainbridge Island Planning Department.
13. A right-of-way use permit shall be obtained from the City of Bainbridge Island
Department of Public Works. The location of the pump station on Halls Hill Road
shall be shown on the drawings submitted as part of the right-of-way application.
14. In the area of stream crossings, the sewer main shall be constructed in the road
prism and the existing culverts shall not be modified. Erosion and stabilization
control measures shall be utilized to prevent impacts to the stream.
//
SCUP 12102B Hearing Examiner
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DECISION
This application for a Shoreline Conditional Use Permit to allow installation of a public sewer line
along Rockaway Beach Road, Halls Hill Road and Blakely Avenue along the route described in
Exhibit 14 is granted subject to the Conditions of Approval listed in Conclusion of Law 9 above.
Dated this [~.~4,, day of ~'Lbc~.o~r~ , 2004
Robin Thomas Baker
Hearing Examiner Pro Tem
APPEAL
This decision is the final decision o£the City. The decision shall be forwarded to the Washington
State Department o£Ecology and the Washington State Attorney General £or 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.
SCUP 12102B Hearing Examiner
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