PORT MADISON YACHT CLUB - DECISIONDECISION OF THE HEARING EXAMINER
CITY OF BAINBRIDGE ISLAND
In the Matter of the Application of
PORT MADISON YACHT CLUB SCUP 11286
for a Shoreline Conditional Use Permit
Introduction
The Port Madison Yacht Club seeks a Shoreline Conditional Use Permit (SCUP) for
construction of several improvements on its property within the shoreline Semi-rural
environment. The Hearing Examiner held public hearing on this matter on April 6, 2006.
Parties represented at the hearing were the Director, Planning and Community
Development Department (PCD or Department), by Joshua Machen, Senior Planner, and
the Applicant, Port Madison Yacht Club (Yacht Club), by Jim Llewellyn. The record
was closed on April 6lh following a site visit by the Hearing Examiner.
A fier due consideration of all the evidence in the record, the following shall constitute the
findings of fact conclusions of law, and decision of the Hearing Examiner on this
application.
Findings
Site and Proposal
1. The Purl Madison Yacht Club (Yacht Club) has been in operation at the
subject site for many years (the initial shoreline permit was issued in 1977). Addressed
as 8478 Hidden Cove Road. the Yacht Club is located at the northern end of the Island on
the southern shorehne of Port Madison Bay. The 4.68 acre site consists of three parcels
Tax Assessor parcel numbers 342602-3-036-2006, 342602-3-037-2005 and 342602-3-
038-2004]. Existing structures include the club house and deck, several pathways, docks,
and parking arcas. [StatT Report, Exhibit 29, page 1; Site Plan, Exhibit 2; Testimony of
Machenll
2. The site slopes down to the water at the north end of the property. There
are areas of 15% or greater slupes, but none of the proposed improvements would affect
them. Except fur the driveways, parking areas and a flat lawn area near the clubhouse,
the majority of the site is covered with native vegetation and trees. (The area proposed
for the boat storage and the trail to the boat ramp have both previously heen cleared and
are now covered with grass and weeds_) [Staff Report, Exhibit 29, page 51
SCUP 112g6
Page I of '7
3. The zoning is R-2. residential with two units per acre: the Comprehensive
Plan designation is OSR-2. Open Space Residential. Residential uses are to the east.
south. and west. The surrounding vicinity is zoned R-2 along the waterfront (OSR-2
Comp Plan designation) and R-O.4 across Hidden Cove Road to the south (OSR-O.4
Comp Plan designation). The City's Shoreline Master Program designations are Semi-
Rural for the uplands and Aquatic over water environment. [Staff Report. Exhibit 29.
page 6]
4. The proposal l Staff Report. Exhibit 29. page 1: Application. Exhibit 15:
Site Plan. Exhibit 2: Testimony of Machen 1 is to construct a boat ramp (520 sq. ft. total
surface area) flJr hand launching small boat and dinghies and to make several other
improvements to the Yacht Club's facilities. including:
1,000 sq. f1. graveled boat storage area equipped with boat racks.
Jl ,875 sq. ft. graveled vehicle turnaround for drop oft/pick up of small
boats.
Two 6-ft. wide pathways: one between the boat laum:h and the boat
storage area and one between tht: boat storage area and the club house
involving total area of 2.760 sq. f1. and a maximum 25 yards of grading
and filling).
5. The Applicant had a Biological Evaluation [Exhibit 6] conducted which
identified measures and materials necessary to mitigate for the expected impacts of
construction. The conditions recommended by the Director incorporate this mitigation
into the proposal. including the following:
Extension of an additional curtain drain and restoration of 4,600 sq. ft. of
the native vegetation zone.
Deconstruction and removal of an old boat launch.
Removal of angular gravel associated with the deconstruction of the old
boat launch.
Removal of concrete f1oats, quarry spalls, and non-functioning creosote
piles.
Restoration of 380 sq. ft. of inter-tidal zone or nearshore area (off-site) in
the Port Madison Bay vicinity (as necessary to achieve a zero net loss of
habitat as required by the Washington Department of Fish and Wildlife).
Director"s Review and Recommendation
6. PCD received the subject application on November 14, 2005 [Application.
Exhibit 15: Staff Report. Exhibit 29, page 5]. Notice of the application and the SEP A
comment period was given on November 30.2005 [Exhibit 181.
SCUP ] ]286
Page 2 of7
7. The Director's SEPA threshold determination [Mitigated Determination of
Non-Significance, MONS] was published on March 15,2006. The MONS gave notice of
the right to appeal that decision [Exhibits 24 and 25J; it was not appealed [Testimony of
Machen]
8. The Director evaluated the proposal's compliance with the following
applicable regulations: BlMC 16.12.050, Archaeological and historic resources: BlMC
16.12.060, Clearing and grading; BIMC 16.12.070, Environmental impacts; BIMC
16.12.080, Environmentally sensitive areas: BIMC 16.12.090, Native Vegetation Zone;
Bll'vlC 16.12.110, Public access; BIMC 16.12.140, Environmental; designations; and,
BlMC 16.12.180, Boating facilities. That analysis [Staff Report, Exhibit 29, pages 6-8]
is hereby adoptl~d by reference.
9. The Director determined that the proposal complies with the applicable
provisions of the Shoreline Master Program [see Finding 8] and the R-2 zoning
provisions [BIMC 18.30]. The Director concluded that the application meets the criteria
for granting a SCUP and recommended approval with conditions. [Staff Report, Exhibit
29, pages 3-4. and 9)
10. The fifteen conditions recommended by the Director in the Staff Report
Exhibit 29. pages 3-4] would: limit construction to the dry season or require an
appropriate erosion control plan; prohibit work in the water to protect Chinook salmon
and Pacific Herring; require the turnaround and small boat storage area to be constructed
of pervious materials (or otherwise manage stormwater runoff); require the
replanting/restoration of 4,600 sq. ft. in the native vegetation zone and restoration of 380
sq. ft:. of inter-tidal zone or nearshore area oiT-site.
Hearing
11. Notice of the public hearing on the SCUP application was properly given
with posting, mailing, and publication completed by March 15,2006 [Exhibit 27].
12. At the hearing, the Director's representative provided a summary of the
StaiTReport and the Director's recommendation, including conditions. The Yacht Club's
representative concurred with the Director's recommendation. There was one public
comment (from a neighbor and member of the nearby Seattle Yacht Club) in favor of the
proposal. [Testimony of Machen; Testimony of Llewellyn; Testimony of Haugan J
13. As required by BlMC 16.12.380.C.l [see Finding 16], the application
Exhibit 2; Exhibit 15: SEPA Checklist, Exhibit 4], and the presentations at hearing,
including the information and analysis provided by the Director [Exhibit 29; Testimony
of Machen 1. demonstrates that all the criteria for granting a Shoreline Conditional Use
Permit have been met:
a. The proposal IS consistent with the policies of the Shorel ine
1'v1anagement Act and with the City's Shoreline Master Program in that
it would improved water-dependent recreational opportunities and
SCLJP 11286
Page 3 of7