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PAUP SSDP/CUP01-14-00-1 Hearing Examiner City of Bainbridge Island Page -1- SSDS/CUPOl-14-00-1 Everett P and Gladys A. Paup LEGAL DESCRIPTION ASSESSORS ACCOUNT NO. 4111-000-026-035, 027- 0205, 027-0304. The south one-third of Lot 26, Madrono Park, according to plat recorded in Volume 1 of plats, Page 49, Records of Kitsap County Washington, being that certain tract of land described in deed recorded under Auditor's File No. 147766: Except the west 40 feet thereof conveyed to Kitsap County as records under Auditors File No. 51278for Wing Point Road. Together with all uplands adjacent to the east thereof and lying between the I This application for Shoreline Substantial Development/Conditional Use Permit seeks permission to construct a beach access stairway on property owned by Everett P. and Gladys A. Paup who reside at 6964 Wing Point Road, Bainbridge Island, Washington 98110. The project site is legally described as: FINDINGS OF FACT Mr. And Mrs. Paup have filed an application for a Shoreline Conditional Use to build a beach access stairway at their personal residence on Wing Point in Bainbridge Island. The Paup residence is located on the north side of Wing Point. The north property line is a sloping bluff, 80 feet in vertical height, which adjoins the Puget Sound shoreline. This bluff has been identified as a geologically hazardous area; however, Mr. Alvin R. Zeman, a professional geotechnical engineer, has studied the site and has stated in his report to the City that proper construction of this beach access stairway will neither increase nor decrease the stability of the existing bluff slope. Of necessity, the beach access stairway will be constructed in the native vegetation zone, however, conditions imposed on the project will assure that minimal site disturbance and minimal vegetation removal will occur at the construction site. Replacement native vegetation will be required to protect the slope. This stairway project will be constructed entirely above the ordinary high water mark on the shoreline and will not interfere "lith public access to the public shoreline or to the waters ofPuget Sound. The Shoreline Conditional Use Permit is granted. SUMMARY I-f~ EXECUTIVE SSDP/CUPOl-14-00-1 FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION ) ) ) ) ) ) APPLICATION FOR SHORELINE SUBSTANTIAL DEVELOPMENTI CONDITIONAL USE PERMIT APPLICANT: EVERETT P AND GLADYS A. PAUP p.' !!~ C C. CITY OF BAINBRIDGE ISLAND OFFICE OF THE HEARING EXAMINER :~ \\:i Q~'; :1;27 - -'REeE IVEO .:.....".. .'.'1.". CITY ADMINISTRATOR LYNN NORDBY northerly and southerly lines thereof extended easterly, which adjacent upland include portion of vacated Washington Avenue. Also that portion of Lot 27 of Madrono Park, according to plat recorded in Volume 1 of Plats, Page 49, Records of Kitsap County Washington lying north of the following described line: Beginning at a point on the east line of the west 40 feet of said Lot 27 which is 624.22feet south of the north line of Lot 19 in said plat: thence N 8957'10" E, parallel with the north line of said lot 19, to a point on the line of ordinary high tide and the terminus of said line+/- together with all uplands adjacent to the east thereof and lying between the northerly and southerly lines thereof extended easterly, which adjacent upland include portion of vacated Washington Ave. 2. The Paup property is approximately 1.47 acres in size. There are a single family residence and accessory buildings built on the level portion of the site. The northern property line consists of an 80 foot shoreline bluff, which overlooks Puget Sound. The bluff is a steep grade, which maintains up to a 60% slope The soils at the site have been identified as Dystric Xerorthents. The consulting engineer, Mr. Alvin R. Zeman has identified the soil type as dense to -very dense glacial till. According to his report, after visual observations, no seepage from water bearing sand zones were noted The glacial till is covered by a thickness of weathered soil upon which vegetation, consisting primarily of alders and blackberries, covers the slope. According to Mr. Zeman's report, the dense glacial till at this site is one of the most resistant soils types with regard to deep seated sliding, however, shallow slope movements of weathered soil and vegetation above the glacial till typically occur during unusual rainfall events in winter months. 3. The Paup property has a zoning designation ofR 2.9; a Shoreline Environment designation of Semi-Rural and a Comprehensive Plan designation of Semi-Urban Residential. The Paup property is bordered on the north by the Puget Sound shoreline, a shoreline of statewide significance. Although hawks, great blue herons and eagles have been observed on or near the site, this property is not located within an area identified in the Comprehensive Plan as a nesting or priority habitat area for any monitored species. 4. Vehicular access to the site is off Wing Point Road. There is no pedestrian access to the shoreline bordering the north property line from the upland portion of the site. 5. The Paup property is provided water by the City of Bainbridge Island public water system and also has public sewer service. A storm water collection system on the site is designed with a tight line drainage feature that discharges storm water at the toe of the shoreline bluff. This storm water system will be modified as a part of this beach access stairway project. There is presently a corrugated PVC drainage pipe which carries storm water for discharge into Puget Sound. This pipe will be replaced with a solid PVC pipe which will be attached to the bottom of the staircase. The storm water will be dispersed ihto an energy dissipater at the toe of the slope before dispersal into Puget Sound. SSDS/CUPO 1-14-00-1 Everett P and Gladys A. Paup Page -2- Hearing Examiner City of Bainbridge Island Hearing Examiner City of Bainbridge Island Page -3- SSDS/CUPO 1-14-00-1 Everett P and Gladys A. Paup 11. Since this staircase will be built in a geologically hazardous area, it is imperative that the beach access stairway be placed in a location on the slope, which is the least vulnerable to instability. The final site plan design and location must include a written determination from the applicants' consulting geotechnical'engineer that the site chosen for the staircase is the location on the shoreline bluff least susceptible to landslide or erosion risks. Approval of the final site plan 10. Since there will be removal of vegetation from the native vegetation zone during construction, and replanting of native species after construction, a vegetation management plan must be approved by the Department of Planning and Community Development prior to issuance of a building permit for the project. 9 Construction of this staircase, on a bluff of this height and with a slope of this steep grade, may require that equipment and materials for construction be brought to the site by barge from the water side. The shoreline ofPuget Sound, which abuts this property, contains potential habitat for both shellfish and salmon. Both a Hydraulic Project Approval and a National Marine fisheries Permit would then be required for this project. If construction activities or clearance of the site are done from the shoreline rather than from the upland portion of the site, these additional permits would also be required. 8 The beach access staircase has been designed in a zigzag pattern with a landing every twelve feet vertically. This switchback design localizes the impact of construction on the site. The staircase will be supported by posts consisting of CCA-approved treated wood, placed into augured holes drilled into the glacial till, then backfilled with concrete for stability. The storm water from the residential site will be collected in the catch basins at the top of the slope and then transported through PVC tight lines attached to the bottom of the staircase for outlet at the base of the staircase into an energy dissipater before release into Puget Sound. This storm water control system will help minimize the potential for shallow soil movement on the slope. 7. The shoreline bluff on the north side of the Paup property is presently covered by brambles and alders, which have volunteered in the weathered soil accumulating on top of the slope. This beach access stairway will be constructed, of necessity, in the designated native vegetation zone along the Puget Sound shoreline. Mr. Hofmeister, consulting engineer for the project, testified that the zigzag design selected by the applicants was selected in part to minimize the amount of necessary disturbance to the vegetation and soils in the native vegetation zone. Alternate designs, such as a straight sloping stairway across the face of the slope, would involve a much larger area of disturbance. Minimal native vegetation removal, erosion control during construction, and replacement of native vegetation after construction, will help protect the integrity ofthe slope and maintain the natural landscape appearance ofthe native vegetation zone. 6 The Shoreline Master Program under Section Y.K.Reg.9 allows a beach stairway to be located within the native vegetation zone on a shoreline lot provided it conforms to all other City and State requirements. design and location of the staircase on the slope must be obtained from the City Engineer prior to any construction at the site 12. Under the Shoreline Master Program, all accessory structures built in the native vegetation zone must be located and designed to avoid the need for structural shore defense. The geotechnical engineer's report provided by the applicant concludes that the staircase installation on the Paup property will not make the shoreline bluff more or less stable than it is prior to staircase installation. No shoreline armoring will be needed to protect the staircase. Any future application for placement of shoreline armoring cannot be based solely on the need for protection for this stairway. No bulkhead presently exists along the shoreline on the applicants' property. This beach access stairway must be located and designed to prevent the need for future shoreline stabilization measures to protect the staircase. ] 3 The staff report reviews the Shoreline Master Program (SMP) policies as they relate to this application. The staff has expressed concern about the cumulative impacts of allowing another staircase to be built along this shoreline bluff. This staircase will contribute to a change in the visual aesthetics of the bluff along the north side of Wing Point, especially if additional property owners along the bluff seek permission to build similar staircases for access to the beach from their individual lots. According to testimony, only one such beach access stairway presently exists on the north side of Wing Point in the vicinity of the applicants' property. Gary Waterman has built a staircase on the property immediately next door. SMP Section III, G sets forth the general policies and regulations concerning visual and physical public access. Policy G (15) states that development should minimize visual impact to the natural shoreline landscape. In addition, Section III, G. Regulations 4, 7, and 8 set requirements to help maintain the public's existing visual access to the water and the shoreline. According to Mr. Hofmeister, the consulting engineer, this staircase will be constructed in a design to minimize the area of disturbance on the bluff. The native vegetation that is removed during construction will be replanted. Surrounding vegetation will remain to camouflage the staircase. Minimal trimming of native vegetation will be done to allow use of the stairway for access to the beach. In addition, the staircase will be painted with a non-reflective natural color to blend in with the native vegetation and soils on the shoreline bluff. The public's visual access to the natural shoreline landscape will be minimally impacted by this project. 14. On June 27, 2000, a public hearing was held before the Hearing Examiner to consider the application. Prior to the hearings, notice was published in the Bainbridge Review on June 10, and June 17, 2000, (F--XHIBIT 25). Notice of the Public Hearing was mailed to owners of property within 300 feet of the proposed project, and notices were posted at the City Hall, the Chamber of Commerce and the ferry Terminal on the 7th day of June, 2000, (EXHIBIT 26). SSDS/CUPO 1-14-00-1 Everett P and Gladys A. Paup Page -4- Hearing Examiner City of Bainbridge Island CONCLUSIONS OF LAW I. This application for Shoreline Substantial Development/Conditional Use Permit is properly before the Hearing Examiner and all public notice requirements have been met in a timely manner. 2 This application requires a Shoreline Conditional Use Permit because it is an application for a beach access staircase to be located in a native vegetation zone, to serve a single residence located in the Semi-Rural shoreline environment. (Specific Shoreline Use Policies and Regulations, K Residential Development, Regulations-General 16.) 3 This application must comply with the criteria set forth in Section VII of the Shoreline Master Program (SMP) under J, 2, a (I) through (6). 4 SMP, Section VII, J, 2, a (1) states: The proposed use will be consistent with the policies of RCW 90.58.020 or its successor and the policies of the Master Program. A review of the Shoreline Master Program policies concerning this project, can be found in the Department of Planning and Community Development (DPCD) Staff Report. Additional testimony provided at the hearing demonstrated that the proposed beach access stairWay project is consistent with the policies of the Shoreline Master Program. Mitigation measures have been recommended by the DPCD, which will ensure compliance with the SMP. 5 The Paup property is located on a shoreline of statewide significance, the shoreline of Puget Sound. SMP Section III, H. lists policies for shorelines of statewide significance located in the City of Bainbridge Island. This proposed beach access staircase project, when constructed in accordance with mitigation measures required in this decision to minimize its impacts, will meet the intent of those policies. Protections for the shoreline and the adjoining waters ofPuget Sound have been included in the required mitigation measures. 6 SMP Section VII, J, 2. a, (2) requires: The proposed use will not interfere with the normal public use of the public shoreline. The beach access stairway proposed for the Paup property will be constructed on the shoreline bluff above the ordinary high water mark and will not interfere with or intrude upon the waterways ofthe state, nor interfere with the beach pedestrian access presently enjoyed on this shoreline of statewide significance. There is presently no pedestrian access from the Paup property to the beach below since the shoreline bluff exceeds 80 feet in height. There is no easily accessible public pedestrian access on the beach in front of the Paup property. Present access to the shoreline from the waterside would not change. 7. SMP Section VII, J, 2, a, (3) requires: The proposed use of the site and design of the SSDS/CUPO 1-14-00-1 Fverctt P and Gladys A. Paup Page -5- Hearing Examiner City of Bainbridge Island Hearing Examiner City of Bainbridge Island Page -6- SSDS/CUPO 1-14-00-1 Everett P and Gladys A. Paup 9. SMP Section VII, J, 2, a, (5) requires: The public interest suffers no substantial detrimental effect. The public interest will suffer no substantial detrimental effect from the placement of this beach access stairway on the Paup property. The public will continue to have access over the waters of Puget Sound adjacent to the Paup shoreline and pedestrian access presently available will not be changed. Locating the staircase on the bluff face will alter the visual landscape of native vegetation on the shoreline bluff presently enjoyed, however, that visual landscape is visible only from the water side. The adjoining neighbors will not see the staircase, except perhaps the uppermost portion of the first landing. Pedestrians along the shoreline will now see a staircase that did not previously exist. Conditions have been required under the MDNS to protect the native vegetation zone in which the staircase is to be built. Since this beach access structure is allowed in the native vegetation zone of a Semi-Rural Shoreline Environment and the 8. SMP Section VII, J, 2, a, (4) requires: The proposed use will cause no unreasonably adverse effects to the shoreline environment designation in which it is located. This property has been designated as a Semi-Rural Shoreline Environment. Under the Shoreline Master Program, a beach access staircase is permissible in that environment with a Conditional Use Permit. The applicants provided a geotechnical engineer's report because this staircase is to be built in a geologically hazardous area. According to the geotechnical report of Zipper Zeman Associates, Inc., dated December 21, 1999 [EXHiBIT 9] "proper construction of the stairway will neither increase (n)or decrease the stability of the existing slope, assuming any disturbed areas are revegetated, the potential for surface erosion or shallow downslope movement will remain unchanged." Mitigation measures have been required under the MDNS to minimize any adverse environmental impacts, which have been identified for this project. project will be compatible with other permitted uses within the area. This beach access stairway is to be used as an accessory structure to a single family residence, which has existed on this property since 1929. Private residential uses and appurtenances are specifically permitted in this Semi-Rural Shoreline Environment, if allowed under a Conditional Use Permit. This staircase is similar to other staircases already constructed on high bluff faces in the vicinity and on other similar high bluffs on the shoreline elsewhere in the City. While the staircase will change the natural landscape of the slope, the change to that natural landscape view will be minimized by the retention of natural vegetation and replacement of vegetation removed during construction activities. The MDNS also allows only minimal trimming of vegetation around the stairway. This staircase will not be visible from other properties in the vicinity, but will be visible from the waters ofPuget Sound. Since the staircase is to be located entirely on the applicants' property, out of the view of neighbors on either side, it will be compatible with other permitted uses of properties in this area. As previously stated, an adjoining neighbor has a similar staircase to the beach which is not visible from the Paup's property. requirements of City and State codes will be met, the public interest will suffer no substantial detrimental effect. 10 SMP Section VII, J, 2, a, (6) requires: The proposed use is consistent with the provisions of the zoning ordinance (BIMC' Title 18) and the Comprehensive Plan (Ordinance 94-21). The proposed staircase and storm water tight line equipment are built to service a single family residential site. Residential uses are specifically permitted within this residential zone (R 2.9) and the staircase and storm water features are accessory uses. The policies of the Comprehensive Plan will be met by the design of the project and through conditions placed upon the project in the SEP A process and the CUP process. A vegetation management plan will be required for the maintenance of the native vegetation zone on the shoreline bluff to protect bluff and shoreline during construction and after completion of the project. The applicant, as required by BIMC 16.20080, has filed a geotechnical engineer's report. The staircase has been designed in a zigzag pattern to minimize the disturbance of the slope; to minimize the impact on the native vegetation zone and to prevent adverse impacts to the stability of the slope. An indemnification agreement will be required of the applicants in accordance with BIMC 16.20.080.C, (2), g. Additional permits including Hydraulic Permit Approval, will be required from the State of Washington and National Marine Fisheries Service if supplies and/or construction equipment are brought to the site by water, or construction activities are conducted from the shoreline. 11. This beach access staircase is an accessory use for the personal residence on the site and is appropriate for this shoreline lot, provided certain conditions of approval are met. The project conforms to the requirements of the Shoreline Master Program policies, the land use code requirements of the BIMC, and the policies of the Bainbridge Island Comprehensive Plan if mitigation measures are added as conditions of approval. 12. This Shoreline Substantial Development/Conditional Use Permit application has been reviewed under the State Environmental Protection Act (SEP A). A final MDNS was issued by the DPCD on April 19, 2000. No appeals were filed. The MDNS is now final. 13 The following conditions are necessary to bring this project into compliance with the policies and requirements of the Shoreline Master Program and the Bainbridge Island Municipal Code SEPA Conditions: ] a. To prevent degradation of shoreline bluff stability, water quality, and habitat area, a vegetation management plan shall be submitted, concurrent with a building permit application, which includes at a minimum the following items: I. Removal of existing vegetation shall be limited to that necessary for SSDS/CUPO 1-14-00-1 Everett P and Gladys A. Paup Page -7- Hearing Examiner City of Bainbridge Island Hearing Examiner City of Bainbridge Island Page -8- SSDS/CUPO 1-14-00-1 Everett P. and Gladys A. Paup I e. No over -water application of paint, preservative treatment or other chemical compounds shall be permitted, to avoid degradation of water quality. Extreme care shall be taken to prevent petroleum products, chemicals, or other toxic or deleterious materials from entering the water and degrading water quality. If a I d. The staircase design shall not utilize support pilings composed of new or used creosote treated wood materials, to prevent degradation of water quality and habitat. 1 c. Design of the staircase and permanent storm water features shall be reviewed and approved by the private, consulting professional engineer. Final City of Bainbridge Island acceptance of the project shall require professional engineer stamped certification by that consulting engineer that the project has been designed, inspected, and has been constructed and functions as recommended by that consulting engineer. Final certification by the City shall also include operation and maintenance recommendations for the staircase and storm water features. All information, including risk and indemnification, must be made available to all future purchasers of the property. final certification shall be submitted to the City of Bainbridge Island City Engineer for acceptance, prior to building permit certification for occupancy (use) of the staircase. Ib Prior to site disturbance, a set of Best Management Practices (BMP's) for erosion and sediment control shall be submitted to and approved by the City of Bainbridge Island City Engineer, to avoid degradation of water quality and shoreline bluff stability during temporary construction activities and on-going maintenance of the site. The BMP's shall be designed by a professional engineer with expertise in such measures. placement of support pilings and storm water control measures. The plan shall specifY in no case will vegetation larger than twelve inches diameter at breast height be removed in conjunction with the staircase placement or maintenance. 2 All removed vegetation shall be immediately replaced with native species appropriate to Puget Sound shoreline bluffs. Replacement species, quantity and locations shall be specified within the plan. 3. A maintenance schedule shall be included in the plan, to ensure on- going health of vegetation across the bluff face. Minor trimming of vegetation may occur to prevent fouling ofthe staircase steps with vegetation. spill does occur, or if an oil sheen or distressed or dying fish are observed in the project vicinity, work shall cease immediately and Washington Department of Ecology shall be notified of such conditions. Contact: Northwest Regional Spill Response Section at (206) 649-7000. If To avoid the need for further shoreline structural features, future protection of the staircase by shoreline armoring will not in and of itself be reason for approval of such armoring (for example, a rock bulkhead at the toe of the slope to prevent the staircase from falling down). I g. In order to prevent loss of significant archaeological resources, the following measures shall be taken in the event phenomena of possible archaeological interest is uncovered during placement of the staircase: all work will stop immediately and notification shall be promptly given to the City and State Office of Archaeology and Historic Preservation. In such a case, the applicants shall be required to provide for a site inspection and evaluation by a professional archaeologist to ensure that all possible valuable archaeological data is properly salvaged. The applicants shall receive permission from the State Office of Archaeology and Historic Preservation prior to further disturbance of the site (RCW 27.53.070 or its successor) Non-SEPA Conditions: ] Vegetation not proposed for trimming or clearing during construction activities shall be clearly marked by paint application or flagging to avoid inappropriate removal. Due diligence shall be taken to identifY and keep equipment operations and construction activities within a minimal construction activity area. All necessary permits shall be obtained before any disturbance of the site. 2 Any and all construction activities, waterward of the ordinary high water mark on the shoreline, shall not be permitted from March 15 through June 14 to protect juvenile salmonids, unless otherwise permitted in writing by the Washington State Department of fish & Wildlife. 3 To obscure the staircase from view and to camouflage the structure to blend into the natural vegetated bluff, the staircase and storm water conveyance pipe shall be constructed of non-reflective materials that are compatible in color and texture with the surrounding area. If the structure is colored or painted, neutral or flat grays, browns or tans must be used to blend in with the colors of the bluff soils and vegetation. SSDS/CUPO 1-14-00-1 Everett P and Gladys A. Paup Page -9- Hearing Examiner City of Bainbridge Island Hearing Examiner City of Bainbridge Island Page -10- SSDS/CUPO 1-14-00-1 Everett P and Gladys A. Paup 9 The construction of a beach access staircase on the Paup property shall be done in such a 8. A vegetation management plan must be approved by the Department of Planning and Community Development prior to issuance of a building permit for the project. The disturbed area of the development site shall be protected by erosion control measures during construction. Vegetation removed from the development site must be replaced with trees and shrubs that are native to the Puget Sound region. Prior to any disturbance on the site, a listing of approved native vegetation acceptable for replanting in the native vegetation zone must be included in the vegetation management plan provided to the DPCD for approval. 7. This beach access stairway must be built entirely on the applicants' property above the ordinary high water mark on the shoreline. The staircase must be designed and located on the site in a manner that will prevent the need for future shoreline stabilization measures to protect the staircase structure. Any future application for placement of shoreline armoring on the Paup property cannot be based solely on the need for protection for this beach access staircase. b. Copies of all public agency approvals and approved drawings shall be given to all contractors performing work at the site. Mitigation measures required for the project shall be clearly emphasized on all documents. 5 Prior to site disturbance, a hold harmless agreement for all activities and structures on the shoreline bluff shall be duly executed in a form approved by the City Attorney, pursuant to BlMC 16.20.080(C)(2)(g). This signed indemnification agreement shall be recorded with the Kitsap County Auditor to give notice of the risk and indemnification responsibilities to all subsequent owners of the property. 4 Prior to site disturbance, an approved building permit shall be secured for the staircase. Design of the feature shall be engineered and stamped by a professional engineer licensed in the State of Washington with expertise in such features. The final site plan design for the staircase must include a written determination by the applicants' consulting geotechnical engineer that the site chosen for the staircase is the location on the shoreline bluff on the Paup property least susceptible to landslide or erosions risks. Approval of the final site plan design and location for the staircase on the slope must be given by the City Engineer prior to any construction beginning at the site. Hearing Examiner City of Bainbridge Island Page -11- SSDS/CUPO 1-14-00-1 Everett P and Gladys A. Paup ~~~ Robin Thomas Baker Hearing Examiner Pro Tem By Dated this 8th day of August, 2000 The application of Everett P. and Gladys A. Paup for a Shoreline Substantial Development IConditional Use Permit to construct a beach access staircase on their residential property located at 6964 Wing Point Road NE, in the City of Bainbridge Island, is approved subject to the conditions listed above in Conclusion of Law 13. This Decision is final, unless it is appealed to the City Council for review in accordance with the provisions ofBIMC 2.16.100. The final Decision approving the Substantial Shoreline Development/Conditional Use Permit shall be forwarded to the Washington State Department of Ecology for approval. A copy of the Decision shall also be sent to the Washington State Attorney General in accordance with SMP Section VII, J, 6. DECISION II. This approval of application for Shoreline Substantial Development/Conditional Use Permit is based on drawings submitted by E. frank Hofmeister, PE., dated January 13, 2000, and date stamped by the City of Bainbridge Island on January 14, 2000 [EJi.1flBIT II 10 Prior to the commencement of construction on this project, the applicant shall notifY the City Engineer of the method of operation to be used for construction of this staircase at the site. Prior to any site disturbance, a determination must be made by the applicant as to whether access for construction activities will be from the upland portion of the property, or from the shoreline at the toe of the bluff After the City Engineer has approved this decision, then all necessary permits must be obtained for the chosen access. In addition to City building permits, access from the water side will require additional permits from the State of Washington and may require additional permits from the National Marine Fisheries Service, since access would be over the waters ofPuget Sound. All necessary permits must be obtained before any disturbance of the site. manner that it shall not increase the rate of surface water runoff or sedimentation runoff from the site and shall not increase the geological hazard for adjacent properties.