2016-12-20 STAFF REPORT(Rich PLN50468) Page 1 of 7
Department of Planning and community development
Staff Report
Date: December 20, 2016
To: Gary R. Christensen, AICP
From: Christy Carr, AICP
Project: Rich Vegetation Management
File Number: PLN50468
Applicant: Crystal and Yurie Rich
PO Box 11604
Bainbridge Island, Washington 98110
Request: Vegetation Management Permit for clearing over 5,000 board feet on a 6.98-
acre parcel to allow for future residential and agricultural use.
Location: 8236 Sands Avenue
Parcel number 222502-3-013-2008
Project Overview
A vegetation management permit is required for removal of over 5,000 board feet of timber. The
applicant is proposing to clear the majority of the 6.98-acre lot to allow for future residential and
agricultural use. The applicant submitted a vegetation management permit application on June 21, 2016
(Attachment A).
Environmental Review
This project is subject to review under the State Environmental Policy Act (SEPA), as stipulated in the
Washington Administrative Code (WAC 197-11-800) and the Bainbridge Island Municipal Code (BIMC
16.22.050.B.2). The applicant submitted a SEPA checklist (Attachment B). Using the optional DNS
process provided in WAC 197-11-355, the City issued a combined Notice of Application/SEPA comment
period on July 1, 2016. The 14-day comment period expired on July 15, 2016. Several neighbors
requested information about the application and one public comment was received, signed by 10
residents of NE Quail Hill Road (Attachment C). The comment expressed concern about the existing road
conditions, ingress and egress, road drainage, access from Sands Road and overall feasibility of use of NE
Quail Hill Road for a haul route. In conjunction with the Notice of Decision for this application, the City
(acting as lead agency) will issue a threshold determination for this proposal.
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Figure 1. Project Site and Vicinity
Figure 2. Surrounding Zoning
N
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STAFF ANALYSIS
I. Findings of Fact – Site Characteristics
Tax Assessor Information
Tax Lot Number
Owners of Record
Lot Size
Land Use
222502-3-013-2008
Crystal and Yurie Rich
6.98 acre
Single-family residential
Terrain Gentle slope down east to west
Soils Kapowsin gravelly sandy loam
Existing Site Development None
Access Sands Road/Quail Hill Road
Public Services and Utilities None
Zoning/Comprehensive Plan
Designation
R-0.4
Surrounding Zoning/Comprehensive
Plan Designation
R-0.4 (See Figure 2)
Surrounding Uses Single-family residential
II. Bainbridge Island Municipal Code
An analysis of the proposal’s consistency with applicable sections of the Bainbridge Island Municipal
Code (BIMC) is provided below.
A. Title 16.22.030.1 Applicability: Vegetation management standards apply to “Undeveloped
properties or developed properties which can be further subdivided, including those properties
under two acres in size which are exempt under a Class I forest practice permit”. As an undeveloped
property, vegetation management standards are applicable.
B. Title 16.22.040 Exemptions: This proposal does not meet any of the provisions listed as exemptions.
C. Title 16.22.050.A Vegetation Management Permit: Since it is the applicants’ intention to convert
this property to a nonforest use and to avoid a six-year moratorium on development, it is required
that they submit, and receive approval of, a vegetation management permit application. They are
also required to receive approval from the Washington State Department of Natural Resources
(DNR). Copies of any approvals issued to the applicant by DNR shall be provided to the City once
approved.
D. Title 16.22.050.B Application Procedure: The applicant submitted application materials pursuant to
BIMC 16.22.070, including a SEPA checklist. A Notice of Incomplete Application was sent to the
applicant on July 5, 2016 because the application materials were deficient. The applicant submitted
additional information on July 11, 2016 (Attachment D). The applicant was provided the
Development Engineer’s review comments (Attachment E; September 7, 2016) noting that a
Construction Stormwater General Permit from the Washington State Department of Ecology and
Construction Stormwater Pollution Prevention Plan (SWPPP) are required. The applicant submitted
a Drainage Plan (Attachment F; completed by Seabold Engineering LLC, November 11, 2016).
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E. Title 16.22.050.C Decision Criteria: A vegetation management permit application may be approved,
denied, or approved with conditions if it meets the following criteria:
1. Harvesting meets the vegetation management standards of BIMC 16.22.060. See
Section F, below.
2. Erosion control measures are included as part of the plan. Since the cleared area
will be greater than 1 acre in size, a general NPDES construction permit from the
Washington State Department of Ecology (DOE) is required prior to any clearing or
vegetation removal on the site. The applicant applied for and received this permit.
A drainage plan and SWPPP report was approved by the City’s Development
Engineer.
3. All applicable open space and corridor standards are met. There are no designated
open space areas on the lot, and the site is not part of a designated upland or
riparian corridor according to City data sources.
4. Mitigation measures are proposed which reduce adverse impacts on surrounding
property. Mitigation measures are required as conditions of approval to reduce
adverse impacts on adjacent properties (Condition 1, 4, 5, 7 and 13).
5. All other provisions of this code are met. This proposal meets this requirement.
F. 16.22.060 Vegetation management standards: The owner of any property which is being converted
to a nonforest use shall provide a conversion harvest plan which meets the standards below:
1. If the property is being converted to agriculture or pasture use, the property owner shall
submit a farm plan approved by the Kitsap Conservation District, or the USDA Natural
Resource Conservation Service (NRCS) or which is developed by the owner or a consultant
using USDA standards for water quality protection. If the land has not been used for
agriculture or pasture within the last five years, then a nonfarmed buffer of 25 feet shall be
left between the edge of the property and adjoining nonagricultural parcels. As a condition
of the vegetation management permit, the approved farm plan shall be implemented within
one year after the completion of the conversion harvest. The applicant submitted a farm
plan completed by the Kitsap Conservation District (Attachment G) and is required to
maintain a 25-foot nonfarmed buffer at the edge of the property and adjoining
nonagricultural parcels (Attachment H; Condition 7). The farm plan shall be implemented
within one year after the completion of the conversion harvest (Condition 12).
2. Residual forest areas shall be in windfirm condition, clustered to the extent feasible and
contiguous to other existing stands. Buffering of adjacent, developed properties shall be
given high priority. The 25-foot nonfarmed buffer constitutes “residual forest areas” and
must be retained in a “windfirm condition” (BIMC 16.22.060.A.3). It is important that
these residual forest areas not become hazardous to the new farm and residence, or to
the surrounding, neighboring properties as a result of the clearing and lumber-harvesting
that is planned. This being the case, a protection and retention plan prepared by a
qualified professional consulting arborist certified by the International Society of
Arborculture (ISA) will be required as a condition of approval for this project. If the
prepared plan requires that a distance greater than 25-feet is necessary ensure that the
“windfirm” requirement is met in the nonfarm buffer areas, or if additional planting is
required, the necessary modifications can be allowed under this approval. However, the
25-foot buffer requirement shall not be reduced as a result of the arborist’s
recommendations (Condition 13).
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3. Unless otherwise allowed thorough an approved open space management plan, no cutting
is allowed within any of the following areas:
a. Critical areas or required buffers, as defined in Chapter 16.20 BIMC;
b. Previously established noncut buffer areas;
c. Greenways, scenic road corridors, view corridors or wildlife corridors designated by the
comprehensive plan of Bainbridge Island or Bainbridge Municipal Code.
None of these areas is present on the site.
4. Any required perimeter landscape buffer that will be required upon development of the site
in accordance with BIMC 18.15.010. A perimeter landscape buffer is not required for
single-family residential development or accessory agricultural use. Future site
development may require landscaping in accordance with BIMC 18.15.010.
5. A Class IV general forest practice permit issued by DNR is required. As conditioned, the
applicant will submit an approved Class IV general forest practice permit prior to
commencing any clearing activities on the site (Condition 2).
III. Conclusion and Recommendation
As conditioned, this proposal meets the applicable sections of the Bainbridge Island Municipal Code
(BIMC), and meets the decision criteria for approval found in 16.22.050.C.1-5.
This application is approved subject to the following conditions:
SEPA Conditions:
1. A general NPDES construction permit from the Washington State Department of Ecology (DOE)
must be obtained by the applicant prior to any clearing, vegetation removal, or vegetation
disturbance on the property. A copy of this approval shall be provided shall be provided to the
Department of Planning and Community Development (PCD) prior to commencing any clearing
activity.
2. The applicant shall provide PCD a copy of a Class IV forest practices permit issued by the
Washington State Department of Natural Resources (DNR) prior to commencing any clearing
activities on the site.
3. Clearing limits fencing/netting must be installed, inspected, and approved by the PCD prior to
any vegetation disturbance on the site, in order to verify compliance with the conditions of
approval and conformity with the standards of BIMC 16.22. At the time of the clearing limits
inspection, the applicant shall have all property boundary lines of the lot clearly marked and
identifiable.
4. Any dust generated during clearing activities or haul route construction shall be controlled by
wetting the dust sources in areas of exposed soils and washing truck wheels before trucks leave
the site. Mud and dirt shall not be tracked onto public rights-of-way.
5. All best management practices (BMPs) provided in the Drainage Plan (completed by Seabold
Engineering LLC; November 11, 2016) are conditions of approval and must be implemented.
6. All inspections required by the City’s Development Engineer are conditions of approval and must
be completed.
Project Conditions:
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7. A 25-foot nonfarmed buffer must be provided along the entire perimeter of the property. In
accordance with the Director’s code interpretation (Attachment H), all trees and existing
vegetation shall be retained within areas designated as a “nonfarmed buffer” with the exception
of the construction entrance.
8. A construction entrance must be installed from the public right-of-way (NE Quail Hill Road). The
entrance shall be located to minimize removal of existing trees in the required 25-foot
nonfarmed buffer and be aligned as close to 90 degrees from the public right-of-way as feasible.
9. A right-of-way permit from the City’s Department of Public Works must be obtained by the
applicant for installation of the construction entrance prior to any clearing, vegetation removal,
or vegetation disturbance on the property. A copy of this permit shall be provided to the
Department of Planning and Community Development (PCD) prior to commencing any clearing
activity.
10. The haul route and any future access road/driveway shall be located outside the required 25-
foot nonfarmed buffer.
11. No drainage features (including bioretention cell and grass lined swales shown in the Drainage
Plan shall be located within the required 25-foot nonfarmed buffer with the exception of the
bioretention cell outlet.
12. The applicant’s farm plan, submitted with this application, shall be implemented within one year
after the completion of the conversion harvest. The applicant shall report the implementation of
the farm plan when complete to PCD, and it shall be inspected and verified by PCD. An extension
of up to one additional year may be granted if necessary for full implementation. Should the
owner/applicant fail to implement the farm plan as required, this permit approval shall be
revoked pursuant to BIMC 16.22.097, and revegetation and fines as described in that section
shall apply.
13. All residual forest areas, including the 25-foot nonfarmed buffer, shall be retained in windfirm
condition pursuant to BIMC 16.22.060.A.3. Prior to commencing any clearing activity, the
applicant shall provide verification to PCD from a consulting arborist certified by the
International Society of Arboriculture (ISA) that the retained vegetation on the site will remain in
windfirm condition after the clearing activities proposed have been completed. The dimensions
of the nonfarmed buffers shall be increased and/or additional planting required as a result of
the arborist’s recommendations to ensure a windfirm condition. The buffer shall not be reduced
below the 25-foot requirement as a result of the arborist’s recommendations.
14. Any non-approved tree or vegetation removal shall be subject to the provisions of BIMC
16.22.097, Permit revocation and penalties.
15. Any retained trees that become hazardous during or after the conversion within the areas of
retained vegetation may, upon evaluation and recommendation by a professional ISA-certified
arborist, be removed with a PCD-approved clearing permit and an approved replanting plan.
This replanting plan will require a replacement ratio of three (3) replanted trees for each one (1)
removed, and shall be required to provide like-for-like replacements (deciduous-for-deciduous
or evergreen-for-evergreen). All replacements will be required to be at least 6-8 feet in height if
evergreen or 2-inches in caliper if deciduous, and will be subject to an approved monitoring
program.
IV. Appeal Procedures
This administrative decision is appealable to the Hearing Examiner in accordance with the procedures
set forth in BIMC 2.16.020.P
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Attachments
A. Vegetation Management Application
B. SEPA checklist
C. Public comment
D. Additional information
E. Development Engineer review comments and request for information
F. Drainage Plan
G. Farm Plan
H. Code Interpretation of the Director of Planning and Community Development