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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. (Rich PLN50468) Page 2 of 7 Figure 1. Project Site and Vicinity Figure 2. Surrounding Zoning N N (Rich PLN50468) Page 3 of 7 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). (Rich PLN50468) Page 4 of 7 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). (Rich PLN50468) Page 5 of 7 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: (Rich PLN50468) Page 6 of 7 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 (Rich PLN50468) Page 7 of 7 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