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STAFF REPORTCITY OF BAINBRIDGE ISLAND STAFF REPORT DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Date: October 24, 2016 To: Gary R. Christensen, AICP, Director From: Christy Carr, AICP, Senior Planner Project: Imeson Shoreline Substantial Development Exemption File Number: PLN50438 SSDE Owner: Mike Imeson, Boulder Glen LLC Project Location: 6967 NE Bergman Road Tax parcel number 092502 -2- 060 -2009 Environmental Review: The project is not subject to State Environmental Policy Act (SEPA) review as provided in Washington Administrative Code (WAC 197 -11 -800). I. Introduction The subject property is located on the north shore of Little Manzanita Bay in the Shoreline Residential Conservancy shoreline designation and Priority Aquatic A aquatic designation. The total parcel area is 4.5 acres, although only approximately 2.50 acres is upland area. The remaining parcel area is tideland. The parcel is presently undeveloped. The proposed development activity includes the construction of a single - family residence and associated appurtenance structures. Staff recommends denial of the shoreline substantial development exemption (SSDE) application based on the findings of facts and conclusions in this staff report and summarized in Section V (page 9). All proposed uses and development occurring within the shoreline jurisdiction must conform to the Washington State Shoreline Management Act (SMA) and the Bainbridge Island Shoreline Master Program (SMP). The proposed project meets the definition of "development" as provided in the SMA and Bainbridge Island SMP; appropriately, the applicant submitted a Shoreline Substantial Development Exemption (SSDE) application (Attachment A) and supporting documentation to evaluate the merits of the permit request. Compliance with the provisions of the SMP, SMA and applicable BIMC regulations is described below. II. Compliance with Bainbridge Island Shoreline Master Compliance with applicable sections of the Bainbridge Island SMP is described in the following sections: PLN50438 Imeson SSDE Page 1 A. Section 3.0: Shoreline Designation Policies and Regulations The purpose of the Shoreline Residential Conservancy designation is to accommodate compatible residential uses while protecting, conserving, and restoring shoreline ecological functions and processes Due to the more sensitive characteristics of these areas, a higher level of development standards is warranted. As proposed, the proposal is not consistent with development standards addressing setbacks, shoreline buffers, lot coverage limitations and protective measures for critical areas and water quality. B. Section 4.0: General (Island -wide) Policies and Regulations Table 4 -1. Shoreline Use and Modification Single- family residential development and appurtenant structures are permitted uses in the Shoreline Residential Conservancy shoreline designation. Table 4 -2. Dimensional Standards Residential development is subject to the 30 percent side yard setback and zoning requirements. Staff measured the 30 percent side yard from an east -west orientation. Lot width is approximately 325 feet; therefore, the 30 percent side yard setback is 97.5 feet. The site plan shows approximately 125 feet in total side yard. The proposal is consistent with the 30 percent side yard standard. The subject property is located in the R -2 zoning designation and requires a 5 -foot minimum side yard. The site plan shows a portion of the proposed residence within the minimum 5 -foot minimum side yard setback. The proposal is not consistent with the minimum zoning side yard standard. The maximum building height within the shoreline jurisdiction is 30 feet. No elevation drawings or other information regarding height was provided by the applicant. Insufficient information was provided to determine if the proposal is consistent with the maximum height standards. Table 4 -3. Shoreline Buffers The subject property is located in the Shoreline Residential Conservancy shoreline designation on an undeveloped lot; as such, the prescriptive shoreline buffer is 150 feet. C. Section 4.1.2: Environmental Impacts All shoreline development, uses and activities are required to result in no net loss of ecological functions and processes necessary to sustain shoreline resources. Compliance with the applicable provisions of Section 4.1.2 are summarized in Section D. below. D. Section 4.1.3: Vegetation Management Site- Specific Vegetation Management Area PLN50438 Imeson SSDE Page 2 Development within the shoreline jurisdiction must be located and designed to protect existing native vegetation from disturbance to the fullest extent possible, to mitigate impacts to existing vegetation, and to meet the standard of no net loss of ecological functions and processes. Two alternative methods may be used to meet the goals and policies of the Vegetation Management Section. Due to the configuration of the parcel — forming a headland on the north shore of Little Manzanita Bay — the 150 - foot prescriptive shoreline buffer encumbers the majority of the property. Pursuant to SMP Section 4.1.3.5.3.a, the applicant is proposing specific dimensional standards to meet the Vegetation Management goals and policies as determined through a Habitat Management Plan (HMP) prescribed in SMP Appendix B -4. Pursuant to SMP Appendix B -4: • HMPs shall clearly demonstrate that greater protection of the functions and values of critical areas can be achieved through the HMP than could be achieved through providing the prescribed habitat buffers. • HMPs are primarily intended as a means to restore or improve buffers that have been degraded by past activity, and should preserve, and not reduce, existing high quality habitat buffers. • HMPs shall provide habitat functions and values that are greater than would be provided by the prescribed habitat buffers. When habitat buffers are a component of an HMP, they shall be at least the minimum size necessary to accomplish the objectives of the HMP. The HMP must demonstrate the following: (1) The proposed development is for a residential use. The proposal is for single - family residential use. (2) The site - specific proposal assures there is no net loss of the property's specific shoreline ecological functions and associated ecosystem -wide processes pursuant to Section 4.1.2, Impact Analysis and No Net Loss. The purpose of the prescriptive 150 -foot shoreline buffer on undeveloped lots in the Shoreline Residential Conservancy designation is to "advance shoreline protection when future development occurs" (Documentation of Marine Shoreline Buffer Recommendation Discussions, Memorandum, 2011, Herrera Environmental). The HMP (Attachment B) proposes to reduce the shoreline buffer to 50 feet, an area of no disturbance other than buffer enhancement; and provide a "forest protection zone," the remaining forested area of the parcel to be conserved; and a "mitigation zone," an 8,000 square foot area of invasive species removal and native replanting. Pursuant to SMP Section 4.1.2.4.1, all shoreline development, use and activities shall be located, designed, constructed, and maintained in a manner that protects ecological functions and ecosystem -wide processes and is required to utilize mitigation sequencing. The HMP provides a summary of mitigation sequencing. The first action, in order of priority, in mitigation sequencing is, "Avoiding the impact altogether by not taking a certain action or parts of an action" (SMP Section 4.1.2.6.1.a). The HMP does not address why the proposed residence cannot be located outside the prescriptive 150 -foot shoreline buffer in order to avoid impacts. It does state, "The proposed septic system is also located in an area that is presently limited to herbaceous PLN50438 Imeson SSDE Page 3 vegetation, so no clearing will be required to accommodate it" (See HMP, page 8). The HMP does not state how big this area is and /or why the residence cannot also be located in an area where no clearing will be required to accommodate it, thus avoiding impacts. Further, the proposed residence is 4,139 square feet with a total lot coverage of 5,172 square feet. (Note the HMP text and site plan provide different numbers for the square footage.) SMP Section 4.2.1.7 contains provisions for encumbered lots —those parcels that are significantly encumbered by shoreline or critical area buffers — including allowing a building area not to exceed 2,500 square feet with maximum lot coverage of 1,200 square feet. While this section of the SMP is not directly applicable, staff considers 1,200 square feet a good metric when considering the impacts of the proposed development. The proposed lot coverage is nearly 4_5 times larger than the 1,200 square feet allowed on encumbered lots. The HMP does not address the potential to minimize impacts by reducing the footprint of the house. A number of actions are proposed to minimize impacts, including configuring the house to avoid significant tree removal, constructing the house on piles to limit ground and root disturbance and utilizing low impact development (LID) techniques including infiltration and pervious pavement. These actions would minimize impacts relative to conventional construction practices. Rectifying impacts is proposed through post- construction site stabilization and invasive species removal and replanting with native shrubs and groundcover in a total of 8,000 square foot area. A direct tie is not made as to which specific impact invasive species removal is rectifying and whether or not invasive species are, in fact, already performing buffer functions. Compensatory mitigation is proposed through native vegetation replanting for "all vegetation areas disturbed through construction of the house at a ratio of 2:1 for mitigation plantings occurring within 50 feet from the OHWM and 3:1 for mitigation plantings within 50 -150 feet from the OHWM" (See HMP, page 9). The total temporary disturbance footprint of the house is stated to be 5,154 square feet (see HMP, page 6); however, the total lot coverage of the house is 5,172 square feet which likely means the total disturbance area is greater than stated. The HMP also states the house will be accessed by an approximately 100 - foot -long by 10- foot -wide pervious driveway. The conceptual drainage plan included in the HMP shows the driveway to range from 13 to over 15 feet wide. The site plan included in the HMP shows the driveway with a 6,378 square foot footprint. Presuming the numbers in the HMP are relatively accurate, the total area disturbed through construction of the house and driveway is approximately 11,532 square feet, although the HMP proposes only to mitigate for areas disturbed for construction of the house. This may be because the proposed driveway follows an area where existing vegetation is limited to mowed grasses, although no rationale is provided for not providing mitigation for the driveway footprint. The mitigation planting plan included in the HMP shows four mitigation areas totaling 10,050 square feet. Two of these areas, totaling 2,550 square feet are separated, and likely functionally isolated, from the shoreline by the existing and proposed driveway. A third 6,500 square foot area is located outside of the proposed 50 foot shoreline buffer with the smallest (1,000 square feet) area located within the proposed 50 foot shoreline buffer. Given these areas and their locations, it is unclear how "a ratio of 2:1 for mitigation plantings occurring within 50 PLN504381meson SSDE Page 4 feet from the OHWM and 3:1 for mitigation plantings within 50 -150 feet from the OHWM" is achieved. The site - specific proposal in the HMP is required to assure there is no net loss of the property's specific shoreline ecological functions and associated ecosystem -wide processes. While the HMP provides a summary of potential impacts to shoreline ecological functions associated with residential development (See Table 1, page 10), it does not adequately summarize the property's specific shoreline ecological functions and associated ecosystem -wide processes. For example, Herrera's Marine Shoreline Buffer Recommendations Discussions Memo states: Buffers to protect the large woody debris function important to habitat structure and shoreline stability were suggested to be between 33 and 328 feet. However, given that trees located 300 feet landward from the edge of a bluff or bank would not immediately be recruited on the nearshore, consideration should be given to the site's potential tree height and the current and expected rate of bluff or bank retreat when establishing buffers for providing large woody debris. The proposed development includes removal of six significant trees. While the configuration of the house minimizes the number of trees removed, the HMP does not describe the property's specific functions and processes relative to the role of significant trees in wood and debris recruitment or slope stability. Removal of riparian vegetation is particularly important for ecosystem -wide processes at the reach or landscape scale relative to forage fish and salmonid habitat: By maintaining bank stability and contributing large wood to the aquatic environment riparian vegetation forms and maintains habitat complexity. Riparian vegetation and large wood improve beach stability and contribute to roughness and sediment trapping. This includes improved capacity of beaches to retain sand, a crucial substrate for forage fish spawning (Pentilla 2007). The HMP notes the presence of both forage fish spawning and juvenile salmonid habitat at the site and in the project area, but does not address how the potential impacts or proposed mitigation will protect or otherwise affect these ecosystem -wide processes. Interactions between riparian vegetation and the nearshore marine environment are important to the survival and population of numerous species. The establishment of significant protection for marine riparian areas is an important management strategy. The West Sound Nearshore Integration and Synthesis Project was recently conducted to identify priority areas and priority nearshore project opportunities to support the recovery of Puget Sound Chinook salmon (Oncorhynchus tshawyscho). Out of 421 projects, protection of the subject property and adjacent and nearby properties associated with Little Manzanita Creek was ranked eighth on the list of Tier 1 priority projects, with Tier 1 intended to be a small, selected subset of the most beneficial projects. Overall, the HMP does not adequately demonstrate that the proposed site - specific management area assures no net loss of the property's specific shoreline ecological functions and associated ecosystem -wide processes. Specific project impacts are not identified, project avoidance and minimization measures are inadequate, there is no direct tie between project impacts, site - specific conditions and functions and proposed mitigation measures, and ecosystem -wide processes— particularly those associated with forage fish spawning and juvenile salmonid habitat — are not addressed. PLN50438 Imeson SSDE Page 5 (3) The site - specific proposal uses the scientific and technical information compiled to support the shoreline buffer standards of Section 4.1.3.5(3)(b), and /or other appropriate technical information which, as determined by a qualified professional, demonstrates how the proposal protects ecological functions and processes and how it meets the goals and policies of the Vegetation Management Section. Scientific and technical information supporting the shoreline buffer standards is provided in: Documentation of Marine Shoreline Buffer Recommendation Discussions, Memorandum, 2011, Herrera Environmental; Addendum to Summary of Science, 2011, Herrera Environmental; Bainbridge Island Current and Historic Coastal Geomorphic /Feeder Bluff Mapping, 2010, Coastal Geologic Services, Inc.; Best Available Science, 2003, Battelle; Bainbridge Island Nearshore Habitat Characterization and Assessment, 2004 Battelle. Each of the above - listed documents is referenced in the HMP; however, specific scientific and technical information compiled in the documents is not used to demonstrate how the proposal protects ecological functions and processes. For example, Herrera's Marine Shoreline Buffer Recommendations Discussions Memo states: Factors relevant to the effectiveness of marine shoreline buffers, or of a given buffer width, include the type and intensity of surrounding land development, influence of groundwater, stability of slopes or bluffs, types of pollutants and their sources, vegetation dynamics (such as type and density), and geomorphic functions of driftwood or other habitat features that might affect the functions and values of the buffer (Brennan et al. 2009). The memo spends considerable time on the fact that the necessary buffer widths vary considerably depending on the site - specific characteristics and the functions to be protected. The HMP fails to provide a link between the site, the functions to be protected and the buffer width proposed. The HMP proposes a 50 -foot shoreline buffer but does not provide any detail as to why this width was chosen, no explanation of the factors relevant to the effectiveness of this buffer width and no justification for 50 feet when recommended buffer widths in the scientific and technical information used to develop the City's prescriptive buffer widths range from 16 to over 300 feet, depending on function. (4) The Administrator shall have the Habitat Management Plan reviewed by an independent third pa rty. The City requested review of the HMP by Washington Department of Fish and Wildlife (WDFW). WDFW staff conducted a site visit and provided comments on the HMP (Attachment C). Comments included: The location of the house and the proposed vegetation management plan does not meet the "no net loss" standard and will result in a significant impact to a key, limited, sensitive, shoreline buffer; The proposed project is disruptive to a very limited and critical shoreline habitat. In addition, there is space available on this parcel where residential development can occur without encroaching into the shoreline critical area buffer; PLN504381meson SSDE Page 6 It is important that we protect the few remaining areas with intact forested riparian marine shorelines; and To develop a property within a critical area buffer when that parcel has sufficient room to accommodate a residential home outside of the buffer appears to be counterintuitive to the Shoreline Master Program. Shoreline Structure Setback View Requirement In accordance with SMP Section 4.1.3.11.1.b, the shoreline structure setback provisions apply where an existing primary single - family residential structure is located within 100 feet of the subject property line. All measurements are to the closest primary residential structure on either side of the subject property as measured parallel to the shoreline. The subject property is a headland. The adjoining development is located only on one side, outside the shoreline buffer. SMP Section 4.1.3.11 does not include this particular scenario; however, SMP Section 4.1.3.11.4.c.i and SMP Section 4.1.3.11.5.c both use the distance from the OHWM to the most waterward portion of the primary residence structure of the adjoining property to determine the shoreline structure setback line. As such, the shoreline structure setback line for the subject property is determined by the distance from the OHWM to the most waterward portion of the primary residence structure of the adjoining property to the north. The proposed development must meet the shoreline structure setback view requirement unless a shoreline variance is granted. This information was provided to the applicant as part of the pre - application conference (Attachment D). Insufficient information was provided by the applicant to verify if the proposed development meets the shoreline structure setback view requirement. E. Section 4.1.5: Critical Areas Geologically Hazardous Areas The City's GIS database shows geologically hazardous areas (landslide hazard — slope greater than 40 percent) on the subject property. The site plan submitted with the SSDE application shows a steep slope on the subject property. The applicant was notified as part of the pre - application conference that the Geological Assessment Report submitted with the pre - application (Krazan, 2005) must be updated to reflect the proposed development and current SMP regulations (Attachment D). The City's Development Engineer provided comments to the applicant on June 28, 2016 requiring an updated critical areas report and third party review for the proposed buffer reduction (Attachment E). No additional information was provided by the applicant to verify if the proposed development meets the requirements of SMP Section 4.1.5 or SMP Appendix B -9. Critical saltwater habitat The shoreline at the project site is mapped critical saltwater habitat (WDFW- mapped Pacific herring spawning and surf smelt and critical habitat forjuvenile salmonids). Pursuant to SMP 4.1.5.5.4, new stormwater outfalls and discharge pipes shall not be located in critical saltwater habitats or areas where outfall or discharge will adversely affect critical saltwater habitat. PLN50438Imeson SSDE Page 7 In order to approve the outfall tee as proposed on the conceptual drainage plan included with the HMP, the applicant would need to provide a narrative showing that the following can be met: a. There is no feasible alternative location for the outfall or pipe; and b. The outfall or pipe is placed below the surface of the beach or bed of the water body; and C. The discharge point(s) on the outfall or discharge pipe is located so the discharges, including nutrients and flow, do not adversely affect critical saltwater habitats. G. Section 4.1.6: Water Quality and Stormwater Management All shoreline development must minimize any increase in surface runoff through control, treatment, and release of surface water runoff so that the receiving water quality, shore properties, and features are not adversely affected. In addition, low impact development (LID) techniques must be considered and implemented unless the site is demonstrated to be unsuitable for low impact development techniques. The HMP states that through the use of LID techniques, including an infiltration trench and pervious pavement, stormwater will be designed for 100 percent infiltration but with an overflow to the trench to accommodate extreme events that would disperse through a dispersion tee above OHWM. The conceptual drainage plan included with the HMP shows the dispersion tee 10 feet above OHWM. Accessory underground utilities are a prohibited use in the Priority Aquatic A designation. Prior to approving the conceptual drainage plan, the OHWM would need to be field- verified. H. Section 4.2.2: Cultural Resources Cultural resources provisions apply to cultural, archaeological and historic resources that are either recorded by the State Historic Preservation Office, affected Indian tribes and /or by local jurisdictions, or have been inadvertently uncovered. A primary cultural resources policy is to prevent the destruction of or damage to, any site having historical, cultural, scientific or educational value as identified by the appropriate authorities, including affected Indian tribes (SMP Section 4.2.2.2.1). The Suquamish Tribe provided comments on the proposed development (Attachment F). The subject property is located within the Tribe's adjudicated usual and accustomed grounds and stations ( "U &A "). Suquamish Tribal members harvest fin fish in Manzanita Bay, primarily coho and chum salmon. Clams were also commonly harvested all along the shores of Manzanita Bay until the area was deemed Unclassified by the State of Washington Department of Health. It is expected that harvest will resume when clams are safe to eat. The Tribe stated: "Any regulatory decisions that could lead to additional contaminants or impacts in Manzanita Bay are in direct conflict with the Tribe's efforts to have future harvest opportunities. The Tribe requests that buffers and critical areas be preserved to maintain Tribal Treaty harvest opportunities." 1. Section 5.9: Residential Development Single - family residential use consistent with controlling pollution and preventing damage to the natural environment is a priority use in the shoreline (SMP Section 5.9.2 and 5.9.3.1). A summary of the proposal's consistency with applicable residential development regulations is provided below. PLN504381meson SSDE Page 8 All residential development must: Meet setback and height standards in Table 4 -2 and dimensional provisions of BIMC Title 18, Zoning. See Section II -B, above. The proposal is inconsistent. Meet all provisions of SMP Section 4.1.2, Environmental Impacts, such that the development results in "no net loss' to shoreline environmental functions and processes. See Section II -D, E and G, above. The proposal is inconsistent. Include no more than a total of two hundred (200) square feet of impervious surface is allowed in the side yard setback outside of the Site - specific Vegetation Management Area. The site plan submitted with the application shows less than 200 square feet of impervious surface in the side yard setback. The proposal is consistent. Be located and designed to avoid the need for shoreline stabilization and flood protection works for the life of the structure. The application materials did not include sufficient information to verify if the project is located and designed to avoid the need for shoreline stabilization and flood protection works for the life of the structure. Be located and designed to protect existing ecological function in accordance with Section 4.1.2, Environmental Impacts, and Section 4.1.3, Vegetation Management, and use low impact development techniques of Section 4.1.6.6(3) to: i. Minimize area of disturbance as provided in Section 4.1.4, Land Modification; and ii. Minimize soil compaction; and iii. Infiltrate stormwater runoff when the site is suitable for infiltration. See Section II -D, E and F, above. The proposal is consistent. Provide a stormwater conveyance that is designed according to the provisions of Section 4.1.6, Water Quality and Stormwater Management. See Section II -F, above. Be located to protect existing views from primary structures on adjacent properties. Primary Structures shall meet the provisions for structure setback line as provided in Section 4.1.3. See Section II -D, above. V. Conclusion and Recommendation The purpose of the prescriptive 150 -foot shoreline buffer on undeveloped lots in the Shoreline Residential Conservancy designation is to advance shoreline protection when future development occurs. Due to the configuration of the parcel — forming a headland on the north shore of Little Manzanita Bay —the 150 -foot prescriptive shoreline buffer encumbers the majority of the property. The applicant is proposing specific dimensional standards to meet the Vegetation Management goals and policies as determined through an HMP prescribed in SMP Appendix B -4. The HMP proposes to reduce the shoreline buffer to 50 feet, an area of no disturbance other than buffer enhancement; and provide a "forest protection zone," the remaining forested area of the parcel to be conserved; and a "mitigation zone;' an 8,000 square foot area of invasive species removal and native replanting. PLN50438 Imeson SSDE Page 9 Staff recommends denial of the shoreline substantial development exemption (SSDE) application based on the following findings of facts and conclusions: • The HMP does not meet the purpose and intent of an HMP pursuant to SMP Appendix B -4; specifically, that they should preserve, and not reduce, existing high quality habitat buffers and shall provide habitat functions and values that are greater than would be provided by the prescribed buffer. • Washington Department of Fish and Wildlife, as an independent third -party reviewer, and the Suquamish Tribe both expressed concern regarding the proposal and requested that the prescriptive buffer be maintained. • The HMP does not address why the proposed residence cannot be located outside the prescriptive 150 -foot shoreline buffer in order to avoid impacts. • The proposed lot coverage is nearly 4.5 times larger than the 1,200 square feet allowed on encumbered lots. The HMP does not address the potential to minimize impacts by reducing the footprint of the house. • The HMP does not adequately demonstrate that the proposed site - specific management area assures no net loss of the property's specific shoreline ecological functions and associated ecosystem -wide processes. Specific functions and project impacts are not identified, project avoidance and minimization measures are inadequate and there is no direct tie between project impacts, site - specific conditions and functions and proposed mitigation measures. Ecosystem - wide processes — particularly those associated with forage fish spawning and juvenile salmonid habitat —are not addressed. • The HMP fails to provide a link between the site characteristics, the functions to be protected and the buffer width proposed. The HMP proposes a 50 -foot shoreline buffer but does not provide any detail as to why this width was chosen, no explanation of the factors relevant to the effectiveness of this buffer width and no justification for 50 feet when recommended buffer widths in the scientific and technical information used to develop the City's prescriptive buffer widths range from 16 to over 300 feet, depending on function. • Insufficient information was provided by the applicant to verify if the proposed development meets the shoreline structure setback view requirement, critical areas requirements (geologically hazardous areas and critical saltwater habitat) and stormwater management requirements. • As proposed, the proposal is not consistent with development standards addressing setbacks, shoreline buffers, lot coverage limitations and protective measures for critical areas and water quality provided in the Shoreline Residential Conservancy designation policies and regulations. VI. Appeal Procedures Any decision of the Director may be appealed to the Hearing Examiner in accordance with the procedures of BIMC 2.16.020 (P). Attachments: A. SSDE Application with site plan B. Habitat Management Plan C. WDFW comment letter D. Pre - application summary letter E. Development Engineer comment letter PLN50438 Imeson SSDE Page 10 F. Suquamish Tribe comment letter PLN504381meson SSDE Page 11 G�TY p' p Q a Z 2 v S ATTACHMENT A CITY OF BAINBRIDGE ISLAND SHORELINE DEVELOPMENT APPLICATION PENCIL WILL NOT BE ACCEPTED. TYPE OF PERMIT: XShoreline Substantial Development Exemption ❑ Shoreline Substantial Development Permit ❑ Shoreline Conditional Use Permit ❑ Shoreline Valiance DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 280 MADISON AVENUE NORTH • BAINBRIDGE ISLAND, WA • 98110 -1812 PHONE: (206) 842 -2552 • FAX: (206) 780 -0955 • EMAIL: pcd@bainbridgewa.gov www.bainbridgewa.gov Janifivy2015 PAGE I WILL BE GENERATED BY THE CITY AT TIME OF SUBMITTAL Page 2of10 TO BE�FIIL�LEE,D� OUT BY APPLICANT DATE STAMP v� � PROJECT NAME: IM(1 ,�N ' 6OUL.� GL cLLG FOR CITY USE ONLY TAXASSESSOR'SNumBER: O 150Z' Z • 060 • wool City of Bainbridge Island PROJECT STREET ADDRESS ry '/� 40,40 OR ACCESS STREET: tJe W4G'� FOR CITY USE ONLY MAY 0 4 2016 Planning and FILE NUMBER: (CmmunityDeveiopineM PROJECT NUMBER: DATE RECEIVED: APPLICATION FEE: TREASURER'S RECEIPT NUMBER: SUBMITTAL REQUIREMENTS APPLICATION One original —no two-sided or bound documents; must include original signature in bitte ink andfour caples. SUBMITTAL Please see subndtlal requirements. One original (must include original signature where applicable) and four REQUIREMENTS copies of each drmvhrg and document required (ifan original is not applicable, five copies nrrtst be provided. DECISION CRITERIA Please see attacheddecisior crlterinfor SSDP, SCUP, SSDE and SVAR applications. Your application must provide sttfieient IgJbrntatiot to demonstrate that your proposal meets these decision criteria. DRAWINGS Please include o ty drmvings described in submittal requirements: Five 11'x17 "drmvings and ore larger (18 "x 24 "or 14 "x 36) drmvhtg are required Drmvings must be folded. SUBMITTING Applications musl be submitted in person by either the owner or the owner's designated agent. A notarized APPLICATION Owner /Agent Agreement must be included with an application submitted by an agent. Please call 206.780.3762 to schedule an appointment to submit your application. FEES Current fees are available at the City's website: htto:/ Avww. bainbrideewa .eov/DocumentCenterNiery /6152 orb calling 206.780.3762. APPLICATIONS WILL NOT BE ACCEPTED unless these basic requirements are met and the submittal packet is deemed counter complete. DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 280 MADISON AVENUE NORTH • BAINBRIDGE ISLAND, WA • 98110 -1812 PHONE: (206) 842 -2552 • FAX: (206) 780 -0955 • EMAIL: pcd@bainbridgewa.gov www.bainbridgewa.gov Janifivy2015 PAGE I WILL BE GENERATED BY THE CITY AT TIME OF SUBMITTAL Page 2of10 5 a .vF—ly ..,. ...' va.y GIS- Mapping- Map - Gallery. A. GENERAL INFORMATION 1. Name of rop e r ty owner: IM420,) i 6W-VJ&t CltW LL(, Owner's Mailing Address: (,G &q 6A -(vjF t/ 6CW NIE;., I6AIPOEA &f 4- (° jeLWa 116110 Phone: ZC>!o 235 (J�(v Email: Name of property owner Address: Phone: Email: 2 Applicantl agent: �� e fA CKiJ I AtA CuAbi AkAc) Auu (jer:� Address: $5 PAW ( ( VJAq qU/ (6FtJAV&Z IffAtOU A 1611P Phone: 2o`O U�Z 471d Email: bWCt,4 e- 60TWE - AWJrbU60 • (ON 3. Provide brief description of proposal: Page 3 of 10 4. Driving directions to site: 64AVEL.,, V4klk. JUG( WCgq, O6r- s. Legal description (or attach): Kohl w 6. Was the land platted in the past? If yes, name of plat: W SCV714 WE or- Nt WO&W 4V pLTWQV I IUU VZOAV NEI . ❑ yes Ono 9 unknown 7. Please give the following existing parcel information: Assessor's Parcel Number Parcel Owner Lot Area* ov-Soz - z •040 bawa( 601(w (.Q6 Ito w7 iP RZ. 12• UI�t VElot0lEfJ Use additional sheets if necessary Total of all parcels: 1(� �07 QJ t *As defined in BIMC 18.12.050 8. Current designations and use of subject parcel(s): Assessor's Parcel Number Comp Plan Designation Zoning Designation Current Use 01 250Z Z 060 OYL•Z 092• l RZ. 12• UI�t VElot0lEfJ Page 4 of 10 9. Current designations and use of adjacent parcel(s): Parcel Assessor's Parcel Number Comp Plan Designation Zoning Designation Shoreline Designation Current Use North 091-501- Z 096 , ZQ70 091. ' Z 4-4?, (* gC9VIEU low South {14 East 09LSOL • Z •0$9 •Z002, 0,%& - 12 J �1/F_tUP West VA 10. Is there any other information which is pertinent to this project? yes ❑ no ❑ unknown If yes, please explain: SO6M I-IW f-A61 11Wi MWA6LMOJT 11. Indicate shoreline designation of subject property: Upland designation: ❑ Natural ❑ Island Conservancy KShoreline Residential Conservancy Aquatic designation (if applicable): X Priority Aquatic A ❑ Priority Aquatic B ❑ Shoreline Residential ❑ Urban Page 5 of 10 12. Using BIMC 16.12.030 -1, check the appropriate type of use for your proposal: X "P" Permitted Use ❑ "C" Conditional Use ❑ "A" Accessory Use B. SHORELINE ENVIRONMENT 13. Geomorphic shore type present on site (check all that apply): XLow bank Marsh /lagoon ❑ High bluff Rocky shore ❑ Spit/banier /backshore 14. Geomorphic feature present on site (check all that apply): ❑ Feederbluff ❑ Accretion beach ❑ Littoral drift area h None 15. The shoreline buffer consists of two management areas: Zone I and Zone 2. Zone I is located closest to the ordinary high water mark (01-IWM); it is a minimum of 30 feet (except in Natural and Island Conservancy designations) and expands to include existing native vegetation. Zone 2 is the remaining area of the shoreline buffer. The shoreline buffer is described in: Using BIMC 16.12.030 -3, Shoreline Buffer Standards Table, complete the following: Lot type: Developed ❑ Category A ❑ Category B Undeveloped Total shoreline buffer: ❑ feet Shoreline buffer Zone 1: feet �--t , --Y)6 / 177 K4%i W t r�6�+ tGij4 v6ft( Page 6 of 10 16. Floodplain designation: ❑A ❑AE ❑ VE 17. Do stormwater systems exist on the site? ❑yes �no ❑ unknown If yes, what type of stormwater system exists on the site? Check all that apply: ❑ Infiltration ❑ Open ditching ❑ Closed conveyance ❑ Other: ❑ Detention 18. Is there an existing outfall on the site? ❑ yes no ❑ unknown If yes, will the existing outfall be used for the proposed project? ❑ yes no ❑ unknown If yes, will the existing outfall be modified for the proposed project? ❑ yes no ❑ unknown 19. Does the site have a shoreline critical area *? ❑ yes 0110 ❑ unknown If yes, check as appropriate (check all that apply): ❑ Wetland ❑ ❑ Geologically hazardous area ❑ ❑ Frequently flooded area ❑ Fish and wildlife conservation area Critical aquifer recharge area Critical saltwater habitat area *See BIMC 16.12.030 for definition and more information about shoreline critical areas. Ifthe site has only a critical area buff el present, still check the box for corresponding critical area. C. STRUCTURES AND IMPERVIOUS SURFACES 20. List all existing structures and immervious surfaces and their fontnrinr inrea that rnnrhes the nrn„nal ` Location* Structure TYpe Footprint (sf) Impervious Surface Footprint (at) 1� Total square feet: Total square feet: *Choose one location: in- water, overwater, Zone 1, Zone 2, upland (outside shoreline buffer) Page 7 of 10 21. List all proposed structures and impervious surfaces and their footprint (area that touches the eround) Location* Structure Type Footprint (sf) Impervious S rface v Foo Tint (sf) too KM� 8lk)" Mmv? 4.07q N ! 07 IU�c Dock Float Total square feet: 4274 1 Total square feet: If U7S *Choose one location: in- water, overwater, Zone 1, Zone 2, upland (outside shoreline buffer) 22. List all ovetwater structures: Structure Existing Pro osed Number Area (so Number Area s Pier IU�c Dock Float D. VEGETATION DISTURBANCE AND LAND MODIFICATION Vegetation replanting is required for all development, uses or activities within the shoreline jurisdiction that either alters existing native vegetation or any vegetation in the required shoreline buffer. The information provided below will help planning staff determine impacts of the proposed project and mitigation requirements, if needed. Vegetation disturbance greater than 200 square feet requires a planting plan completed by a qualified professional or you may use the Standard Residential Mitigation Manual, if the proposal is located on a qualifying site. You must show the location and type of existing native vegetation and location of all significant trees (evergreen trees greater than 10" diameter and deciduous trees greater than 12" in diameter) — existing and to be removed — on your site plan. 23. Number of trees removed: Three (3) or fewer Six (6) or fewer More than six (6) None 24. Are any of the trees to be removed located in the 200 -foot shoreline jurisdiction? 0 yes El no If yes: Are any of the trees to be removed located in the shoreline buffer? yes no Are any of the trees to be removed hazard trees? yes no (You may be required to submit a report from a certified arborist.) Are any of the trees to be removed and/or located in a geologically hazardous area? ❑ yes no (You will be required to submit a geotechnical engineering report.) Page 8 of 10 25. Area of clearing/vegetation disturbance: F-1 200 square feet or less n 2,500 square feet or less f�Ly" Greater than 2,500 square feet 26. Area of grading: 50 cubic yards or less 51 -100 cubic yards 101 -250 cubic yards or more More than 250 cubic yards 27. If applicable, briefly describe the source and type of fill material, amount in cubic yards you will use and how and where it will be placed: FJI L WIU, 16U VJtill/�IA14 f C�iAV�I, 28. For all excavating activities, briefly describe the method for excavation, type and amount of material you will remove and where the material will be disposed: Muw�t vA1tGU A(,A cfe.j. E. SHORELINE MODIFICATION 29. Has the shoreline been modified? E] yes hno Fl unknown If yes, check as appropriate: ❑ Bulkhead Other ❑ Riprap E] Softshore 30. Indicate proposed shoreline modification: Shoreline stabilization Fill Overwater structures E-1 Restoration and Enhancement Dredging and Dredge Material X None Page 9 of 10 31. Linear length of shoreline modification /stabilization (bulkheads, revetments, bioenginnering, seawalls, groins, retaining walls and gabions): Existing: ❑ feet Proposed: ❑ feet F. PERMITTING REQUIREMENTS 32. What other type of permits and/or approvals are required for the project? Permit/approval Required? Haveapplied Have per mit Date of issuance City of Bainbridge Island Building permit Grade and fill permit Shoreline conditional use permit Shoreline variance Washington Department of Fish and Wildlife(WDFW) Hydraulic Project Approval WA)' Other (please list): i. An rirA is guired for stormwater outtaus. I here y tify I have read this application and know the same to be true and correct. Date Signature of Owner or Authorized Agent* Print Name Mtc-Ek I -1* oe aLkrA3 Ll.0 "If signatory is not the owner of record, the attaches "Owner /Applicvant Agreement" must be signed and notarized For Office Use Only: Shoreline exemption citation: SEPA exemption citation: Page 10 of 10 092502 -2- 060 -2009 RESULTANT PARCEL C OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 200210100059 AND SURVEY RECORDED IN VOLUME 58 OR SURVEYS, PAGES 96 THROUGH 99, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THAT PORTION OF GOVERNMENT 2, SECTION 9, TOWNSHIP 25 NORTH, RANGE 2 EAST, W.M. IN KITSAP COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH 89 *09'38" WEST ALONG THE SOUTH LINE OF SAID GOVERNMENT 2 A DISTANCE OF 512.25 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE, NORTH 89 *09'38" WEST A DISTANCE OF 799.37 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH 1 *09'56" EAST ALONG SAID LINE A DISTANCE OF 190.10 FEET TO THE MEANDER LINE; THENCE SOUTH 28 *52'06" EAST ALONG SAID LINE A DISTANCE OF 118.93 FEET; THENCE NORTH 28 *58'54" EAST ALONG SAID LINE A DISTANCE OF 254.76 FEET; THENCE NORTH 29 *58'06" WEST ALONG SAID LINE A DISTANCE OF 26.06 FEET; THENCE LEAVING SAID LINE SOUTH 85 *23'30" EAST (SOUTH 86 *52'36" EAST) A DISTANCE OF 224.51 FEET; THENCE NORTH 69 *35'04" EAST A DISTANCE OF 80.20 FEET TO THE BEGINNING OF A CURVE TO THE LEFT FROM WHICH THE CENTER BEARS NORTH 20 *24'56" WEST 150.00 FEET DISTANT; THENCE NORTHEASTERLY ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 54 *50'28" HAVING A LENGTH OF 143.57 FEET; THENCE NORTH 88 *29'06" EAST A DISTANCE OF 89.55 FEET; THENCE SOUTH 16 *34'58" WEST A DISTANCE OF 308.57 FEET; THENCE SOUTH 59 *01'05" EAST A DISTANCE OF 211.68 FEET; THENCE SOUTH 81 *00'44" EAST A DISTANCE OF 53.76 FEET; THENCE SOUTH 0 *50'22" WEST A DISTANCE OF 46.60 FEET TO THE POINT OF BEGINNING. TOGETHER WITH SECOND CLASS TIDELANDS FRONTING AND SUBJECT TO AND TOGETHER WITH ANY AND ALL EASEMENTS, COVENANTS AND RESTRICTIONS. 150' 5HORELINE 5ETBAGK LINE / DRIVEWAY: 5,132.5 5q ft, • \ 24 28 DRIVEWAY wl OFFSET: 6,318 5q ft \ . 22 26 32 b \ 30'34 36 yep \\-� G \ / 40 42 44 46 48 50 FENCEP05T REBAR ILITY' ..50-" /^ POLE' i i DRIVEWAY EASEMENT 70P 01 "STEEP / /0 44--- / i- 42 F / / /= ---40 / BUILDING: 4,139.15 5q ft BUILDING w/ OFF5ET: 5,112.5 5a ft % ill 38 SURVEY LOW POINT f / 34 I 24 52 26 '28 30 IN IME50N RE5IDENCE \ / ` 5GALE: 1 40' 3/29/16 � � J NolumeslMacSemerPro /Projemsllmesonl01 CADD l01_ArchiCADl150806_lmesonl8 pin. 3129116, 5:15 PM c,OY OF a ]3 p � Z Z v RIDGE \,; ATTACHMENT B HABITAT MANAGEMENT PLAN 6967 NE Bergman Road, Bainbridge Island, WA Prepared on behalf of: Michael Imeson Boulder Glen LLC PO Box 10857 Bainbridge Island, WA 98110 Prepared by: T}i E WATERSHED COMPANY 750 Sixth Street South Kirkland. WA 98033 P 425.822.5242 425.827.8136 watershedco.com April 2016 The Watershed Company Reference Number: 160232 The Watershed Company Contact Person: Sarah Sandstrom TABLE OF CONTENTS 1 Background ....................................................................................... ..............................1 2 Project Location ................................................................................. ..............................1 4 Project Description ............................................................................ ..............................6 4.1 General Description ........................... 4.2 Site - Specific Vegetation Management Area ....................... ..............................7 5 No Net Loss of Ecological Functions ................................................ .............................10 6 References ...................................................................................... .............................12 Appendix A Building Site Plan Appendix B Landscape Mitigation, Maintenance, and Monitoring Plan Appendix C Stormwater Management Plan Appendix D Invasive Area Study LIST OF TABLES Table 1. Summary of potential impacts to shoreline ecological functions and proposed measures to achieve no net loss of functions ........................ .............................10 LIST OF FIGURES Figure1. Vicinity map ......................................................................... ............................... 2 Figure 2. Parcel outline in green (Kitsap County Assessor Map).......... 4 ............................. 2 Figure 3. Topographic map of subject parcel (Kitsap County Assessor Map) ..................... 4 Figure 4. Parcel view showing areas of existing disturbed and invasive vegetation........... 5 Figure 5. Priority habitats and species map showing herring spawning areas in yellow, and marine and estuarine wetlands in purple area. Streams shown in purple to the west of the property support coho salmon, cutthroat trout, and fall chum salmon (WDFW Priority Habitats and Species Maps)... . ................ 4 ................................ 6 Figure 6. Diagram of Site - Specific Vegetation Management Area. Buffer Zone 1 shown in dark green, Forest Protection Zone shown in light green, and Mitigation Zone shownin orange ................................................................... ............................... 8 ii The Watershed Company April 2016 HABITAT MANAGEMENT PLAN 6967 NE BERGMAN ROAD, BAINBRIDGE ISLAND, WA 1 BACKGROUND The applicant proposes to develop a single- family residence on an undeveloped shoreline lot on Little Manzanita Bay. In order to best maintain existing shoreline functions, including water quality, fish and wildlife habitat, and vegetative functions, a Site - Specific Vegetation Management Area is proposed, consistent with Bainbridge Island Municipal Code (BIMC) 16.12.030.B.3.c.iii.(A). This Habitat Management Plan, prepared consistent with the requirements of BIMC 16.12.030.B.2.b and BIMC 16.12.060.11, documents existing site constraints and opportunities and proposed development, including the proposed Site - Specific Vegetation Management Area and the application of mitigation sequencing. 2 PROJECT LOCATION The subject parcel is located on Little Manzanita Bay in the northwestern portion of Bainbridge Island (Parcel k 092502 -2- 060 -2009) (Section 09, Township 25, Range 2 East) (Figure 1). Total parcel area is 4.5 acres, the upland area is 2.53 acres, and the remaining area is marine waters. The parcel shape is irregular, including two headlands: one to the north and one to the south of the tidal waters of Little Manzanita Bay (See Figure 2). The upland portion of the parcel is located in the Shoreline Residential Conservancy shoreline environment designation with R -2 zoning. The adjacent aquatic area is as assigned a Priority Aquatic A shoreline environment designation. Figure 1. Vicinity map O-Ij1 C-969 6967.� 6E5,5 70,71 11711 7076 11709 1180.x y 6-%3 111-06 Figure 2. Parcel outline in green (Kitsap County Assessor Map) 1� 2Z The Watershed Company April 2016 3 BASELINE CONDITIONS The following description of baseline conditions is based on publicly available information and observations made during a site visit conducted by Sarah Sandstrom, Fisheries Biologist, on February 161h at 8 A.M. Tide conditions during the site visit ranged from approximately 9 -10 feet relative to MLLW. 3.1 Geography The parcel is presently undeveloped. An existing gravel driveway and 30- foot -wide utility easement bisects the northeastern portion of the parcel. This driveway provides shared access to the subject lot and the adjacent lots to the northwest and east. An approximately 30- foot -wide mowed grass area extends from the shared driveway along the northern property line approximately 180 feet. The property includes a complex shoreline topography. From the vicinity of the shared driveway, the topography of the site slopes downward from north to south toward estuarine waters of Little Manzanita Bay. The total elevation change with the parcel is approximately 35 feet (Figure 3). North of the driveway, the site slopes downward from south to north, with a total elevation change of approximately 10 feet. Steep slopes, defined as landslide hazard areas by BIMC 16.12.060.A.28.d, are present along most of the shoreline frontage; however, the site is located in an area broadly mapped by Ecology's Puget Sound Landslide database as "stable slopes' (Ecology, electronic reference). Similarly, given the site's relatively protected location and low shoreline energy potential, the Puget Sound Feeder Bluff Study and the Current and Historic Coastal Geomorphic/Feeder Bluff Mapping for Bainbridge Island mapped the area as "no appreciable drift" (Ecology, electronic reference, *oastal Geologic Services, Inc. 2010). On- site soils are composed of Harstine gravelly ashy sandy loam, characterized as moderately well drained (NRCS, electronic reference). 3.2 Vegetation and Habitat The area north of the shared driveway consists predominantly of mowed lawn with one multi- stemmed bigleaf maple. Additionally, the landward portion of the headland area on the south bank has been cleared, and is predominantly mown lawn. Other areas of the parcel are generally characterized by mature forest conditions. Tree species include Douglas fir, Western red cedar, Pacific madrone, and bigleaf maple. Shrub understory is predominated by salal, and includes other understory species common in upland forested areas such as trailing blackberry, bracken fern, sword fern, evergreen huckleberry, red huckleberry, nootka rose, and osoberry. Non - native, invasive species present on the parcel include Himalayan blackberry, scotch broom, holly, and English ivy. These invasive species are situated in clusters throughout the site, with specific areas high in coverage noted on Figure 4. Total area of invasive species coverage is approximately 8,000 square feet, as detailed in Appendix D. A survey of the subject property and surrounding area from 2001 indicates the presence of two wetlands, one freshwater and one estuarine, on the adjacent property to the east. The nearest edge of the freshwater wetland is approximately 200 feet from the eastern edge of the subject parcel. The nearest edge of the estuarine wetland is over 400 feet from the eastern edge of the subject parcel. A wetland delineation was not conducted for this report. The Watershed Company April 2016 Figure 4. Parcel view showing areas of existing disturbed and invasive vegetation. 3.3 Habitats Per BIMC 16.12.080, "critical saltwater habitats" include all kelp beds, eelgrass beds, spawning and holding areas for forage fish, such as herring, smelt and sand lance; subsistence, commercial and recreational shellfish beds; mudflats; intertidal habitats with vascular plants, and areas with which priority species have a primary association." The Washington Department of Fish and Wildlife maps the western portion of the marine aquatic area as supporting herring spawning habitat (Figure 4) (WDFW, electronic reference). The entirety of the shoreline of Manzanita Bay and Little Manzanita Bay is mapped as estuarine and marine wetland (Figure 5). Evidence of intertidal and subtidal vegetation was not observed during the February 161h site visit; however, the site visit was conducted during a relatively high tide. Based on aerial imagery of the site taken during low tides, the entire shoreline appears to consist of mudflat. Priority habitats and species maps also map the stream to the east of Little Manzanita Bay as supporting documented occurrences of coho salmon, cutthroat trout, and fall chum salmon. Each of these species is valued for its recreational and commercial fishing significance; however, none of these populations of species are listed as sensitive, threatened, or endangered by the state or federal governments. In summary, the entire area waterward from the OHWM qualifies as critical saltwater habitat because it supports herring spawning, consists of mudflat, and provides primary habitat for priority salmon species migrating out of the small creek east of Little Manzanita Bay. Figure 5. Priority habitats and species map showing herring spawning areas in yellow, and marine and estuarine wetlands in purple area. Streams shown in purple to the west of the property support coho salmon, cutthroat trout, and fall chum salmon (WDFW Priority Habitats and Species Maps). No other priority habitats or species are mapped within or in close proximity to the subject parcel. The forested condition of the site could provide habitat for birds of prey, such as bald eagles and osprey, as well as songbirds and small mammals. The shoreline likely provides habitat for waterfowl and shorebirds. 4 PROJECT DESCRIPTION 4.1 General Description The proposed single- family residence will be located, designed, and constructed to avoid and minimize impacts to shoreline functions. Additionally, a native vegetation planting plan will mitigate for all unavoidable impacts to native vegetation within shoreline jurisdiction. Proposed development includes a 4,079- square -foot residence built on pile construction, with a total temporary disturbance footprint (including area needed for construction) of 5,154 square feet. The residence will be accessed from a new, approximately 100 - foot -long by 10- foot -wide, The Watershed Company April 2016 pervious driveway, which connects to an existing shared -use gravel driveway that bisects the parcel. The development will be screened from all nearby development by existing forest cover. 4.2 Site - Specific Vegetation Management Area BIMC 16.12.030.A.3.c.iii.(A) allows applicants to propose site - specific vegetation management areas in lieu of standard buffers. Given the complex shape of the shoreline and presence of slopes, the proposed development was sited to avoid and minimize impacts to water quality, native plant communities, and wildlife habitat. The proposed Site - Specific Vegetation Management Area includes the following: • Buffer Zone 1: All existing native groundcover, shrubs, and significant trees within 50 feet from shoreline will be conserved. This buffer will protect water quality of the adjacent shoreline, as well as existing forested shoreline habitat. Sparsely vegetated areas within this buffer area will be replanted with a mix of native trees, shrubs, and groundcover. • Forest Protection Zone: All existing native groundcover, shrubs, and significant trees will be conserved in forested areas throughout the parcel, excluding the proposed building and driveway footprint, plus a 15 -foot construction and maintenance setback. • Mitigation Zone: Areas proposed for vegetation mitigation as a part of this proposal will be maintained as a native multi- strata vegetation community in perpetuity. This includes one area within the Buffer Zone 1. The proposed site - specific vegetation management area detailed above is designed to protect shoreline buffer functions, including shade, insect and detritus inputs to the nearshore, wave energy attenuation, overhanging vegetation and large woody debris structure along the shoreline, forest structure for wildlife, shoreline stabilization by vegetation structure, and filtration of sediment and non -point organic pollutants (wings and Jamieson 2001). By establishing a minimum width of 50 feet for Buffer Zone 1, the plan ensures that the vegetation management area will maintain a minimum standard for protecting vegetation that contributes most directly to shoreline functions. The Forest Protection Zone protects all existing forested vegetation outside of the development footprint to conserve those functions, such as wildlife habitat, sediment filtration, large wood recruitment, shading, and microclimate that extend well beyond 50 feet from the shoreline edge (summarized in Herrera 2011). Finally, by reestablishing a native, multi- storied forested buffer in areas that presently have sparse vegetation, the Mitigation Zone will improve marine buffer functions within the subject parcel. 7 Figure 6. Diagram of Site - Specific Vegetation Management Area. Buffer Zone 1 shown in dark green, Forest Protection Zone shown in light green, and Mitigation Zone shown in orange. 4.2.1 Mitigation Sequencing Consistent with BIMC 16.12.030.B.2.d.i., the following section describes the process of mitigation sequencing followed to develop the project proposal. Avoid • All proposed development is limited to the area beyond 50 feet from the OHWM. • As a part of the proposed development, areas outside of the development footprint will be designated as "Forest Protection Zone." Vegetation impacts within this zone will be avoided. • All structures are located outside of a 30 -foot setback from the top of steep slopes. • The proposed on -site septic system is located as far from the shoreline as possible on the parcel (at least 100 feet) to limit any effects to water quality. The proposed septic system is also located in an area that is presently limited to herbaceous vegetation, so no clearing will be required to accommodate it. • The proposed driveway will follow an area where existing vegetation is limited to mowed grasses. • Through the use of low- impact development techniques, including an infiltration trench and pervious pavement, stormwater will be designed for 100 percent infiltration. An overflow to the infiltration trench will be designed to accommodate extreme events. This overflow will disperse water through a dispersion tee above the OHWM, where additional infiltration would be anticipated before reaching marine waters (Appendix C). The Watershed Company April 2016 Minimize • The house is configured, located, and designed to avoid and minimize impacts to significant trees (Appendix A). Six significant trees will be removed to accommodate construction of the house. • By constructing the house on piles, rather than using a traditional foundation, the project will significantly limit the area of sediment disturbance, and the root structure of trees adjacent to the house will be preserved. • During construction, any heavy equipment within the critical root zone of existing trees will be operated over an 8- to 10 -inch -thick pile of coarse mulch (and plywood in heavy traffic areas), to minimize soil compaction that could damage roots. This approach to construction will retain approximately 10 significant trees that would likely otherwise be damaged or killed from excavation if the house was built on a slab. • A stormwater pollution and prevention plan (SWPP) will be developed and implemented to ensure that temporary construction activities do not adversely affect the surrounding habitat and shoreline conditions. • New driveway surfaces will be constructed using pervious technologies to infiltrate all runoff (Appendix C). Recti • Existing invasive vegetation, including Himalayan blackberry, scotch broom, and holly will be manually removed from the site. Ivy will be removed from any trees on the site to a distance of 5 feet out from the trunk base. Areas of invasive species removal will be replanted with native ground cover or shrub vegetation (Appendix B). • Any temporary disturbance areas associated with construction activities will be stabilized following completion of construction. Reduce • The use of pesticides, herbicides, and fertilizers will be limited over the entire parcel area consistent with standards in BIMC 16.12.030.B.5.b and c. Compensate • All vegetation areas disturbed through construction of the house will be mitigated with multi- storied native vegetation at a ratio of 2:1 for mitigation plantings occurring within 50 feet from the OHWM and 3:1 for mitigation plantings within 50 -150 feet from the OHWM (Appendix B). • Mitigation areas were identified to first ensure that all areas within Buffer Zone 1 achieve a min mum of 65 percent canopy coverage, and second, to promote contiguous native vegetation and increase canopy coverage closest to the shoreline outside of Buffer Zone 1. 0 Monitor • Mitigation areas will be maintained and monitored for five years following installation. The areas shall be released from monitoring requirements once all areas meet established performance standards (Appendix B). 5 NO NET LOSS OF ECOLOGICAL FUNCTIONS In order to summarize the net effect of the proposed development, potential impacts of residential development, as summarized in Table 6 -1 of the City of Bainbridge Island Cumulative Impacts Analysis 40e Watershed Company 2012) and described in the Bainbridge Island Nearshore Assessment Summary of Best Available Science (ptelle 2003) and the Addendum to the Summary of Science Report (rera 2011), are listed below, along with the associated measures incorporated in this proposal that address the impact and contribute to no net loss of shoreline ecological functions. Table 1. Summary of potential impacts to shoreline ecological functions and proposed measures to achieve no net loss of functions. Shoreline Potential Impacts to Shoreline Ecological Ecological Function Associated with Function Upland Development Hydrologic • Increase in stormwater runoff and discharge in association with more impervious surfaces • Disruption of shoreline wetlands • Hydrologic impacts as a result of associated shoreline stabilization measures Water quality • Increase in contaminants associated with the creation of new impervious surfaces (e.g. metals, petroleum hydrocarbons) • Increase in pesticide and fertilizer use • Increased erosion and increased turbidity • Water quality contamination from failed septic systems 10 Proposed Measures to Avoid, Minimize, or Mitigate for Impacts • New driveway to be pervious, stormwater designed for 100% infiltration • No shoreline wetlands observed in vicinity • All development will be located at least 30 feet from the top of steep slopes, consistent with standards for geological hazard areas, and existing native vegetation will be conserved within this area • Uompliance with stormwater manual • Low - impact development techniques to be employed to attain full infiltration • Use of pile construction will minimize erosion and sedimentation • SWPP implementation will control any erosion and sedimentation during construction • Pesticide, herbicide, and fertilizer use to be avoided per site - specific vegetation management plan • Site - specific vegetation management plan protects all existing forested areas outside of development footprint and Shoreline Potential Impacts to Shoreline Ecological Ecological Function Associated with Function Upland Development Shoreline vegetation Habitat • Greater potential for increased erosion, bank instability, and turbidity associated with vegetation clearing • Vegetation clearing can result in reduced shoreline habitat complexity, increased temperatures and desiccation in specific habitats, and less LWD • Loss of or disturbance to riparian habitat during upland development • Lighting effects on both fish and wildlife in nearshore areas • Increase in pesticide and fertilizer inputs - direct toxicity to forage fish and juvenile salmon • Vegetation clearing can result in reduced shoreline habitat complexity, increased temperatures and desiccation in specific habitats, and less LWD 5.1.1 Cumulative Impacts The Watershed Company April 2016 Proposed Measures to Avoid, Minimize, or Mitigate for Impacts expands area of native vegetation through mitigation planting plan • Septic system located as far from the shoreline as possible given lot dimensions • Location, configuration, and design of proposed development minimizes impacts to native vegetation and significant trees • Construction will incorporate best management practices to minimize root compaction of trees • Site - specific vegetation management plan protects all existing forested areas outside of development footprint, addresses existing invasive species, and expands area of native vegetation through mitigation planting plan • Location, configuration, and design of proposed development minimizes impacts to native vegetation and significant trees • Construction will incorporate best management practices to minimize root compaction of trees • Pesticide, herbicide, and fertilizer use to be avoided • Site - specific vegetation management plan protects all existing forested areas outside of development footprint, addresses existing invasive species, and expands area of native vegetation throuah mitication olantino Dian As noted above, residential development, on both an individual and cumulative basis, has the potential to impact a variety of shoreline functions and processes. This proposal includes an aggressive site - specific management plan that conserves buffer functions and improves vegetation in areas of the parcel where the existing shoreline vegetative functions are limited. As described in the Cumulative Impacts Analysis for City of Bainbridge Island's Shoreline (The %Vatershed Company 2012), the continued implementation of the City's Shoreline Master Program provisions, particularly vegetation management provisions, including mitigation, maintenance, and monitoring requirements, should ensure that despite continued residential development and redevelopment, no net loss of shoreline ecological functions will be achieved. 11 6 REFERENCES Batelle. 2003. Bainbridge Island Nearshore Assessment, Summary of Best Available Science. Coastal Geologic Services, Inc. 2010. Bainbridge Island Current and Historic Coastal Geomorphic/Feeder Bluff Mapping. Ecology, electronic reference. Coastal Atlas. htWs: // fortress .wa.goy /ecy /coastalatlas/ [Accessed March 17, 2016] Herrera. 2011. City of Bainbridge Island Addendum to the Summary of Science Report. Levings C and G Jamieson. 2001. Marine and estuarine riparian habitats and their role in coastal ecosystems, Pacific Region. Research Document 2001/109. Canadian Science Advisory Secretariat, Ottowa, Canada. NRCS, electronic reference. Web Soil Survey. http: / /websoilsurvey.sc.egov usda gov /App/HomePage htm [Accessed March 17, 20161 The Watershed Company. 2012. Cumulative Impacts Analysis for City of Bainbridge Island's Shoreline: Puget Sound. WDFW, electronic reference. Priority Habitats and Species. htW:Happs wdfw wa.gov /phsontheweb/ [Accessed March 17, 2016] 12 The Watershed Company April 2016 Appendix A BUILDING SITE PLAN i i I m � i m i l a I I 3 / / W W / 00 / i I I -_ 1 y \g 4 � \ \ J W •\ \\ O � I b \ T W N / W 4 \W / I ; I m\ I I i i I o, a o o� m m a� m w v z w a w b z ; O w w N 2 O J w m F •• O N. N � W W O ~ J � 2 W A W N W O K ` m r r • W N � �\ t- N m �T 3 � Z � m m o, a o o� m m a� m w v z w a w b z ; O w w N 2 O The Watershed Company April 2016 Appendix B LANDSCAPE MITIGATION, MAINTENANCE, AND MONITORING PLAN 8400 Paulanna Lane NE Bainbridge Island, WA 98110 206 -842 -7547 voice 206- 842 -1680 fax bartonbainbridge@gmail.com www.bartberglandscape.com April 20, 2016 Imeson - 6967 NE Bergman Road, Bainbridge Island Mitigation Plan Document Invasive Removal Procedure BART BERG LANDSCAPE II Invasive species present on site to be removed: r • English Ivy Hedera helix — There are three areas of English Ivy totaling 2400 square feet. These areas are primarily on steeper banks and should not be removed as the removal of the ivy will cause exposed soils and it will be difficult to replant steep banks effectively. Achieving a mature stable native plant community would take a decade or more. English Ivy shall be removed from any trees on the site to a distance of 5' out from the trunk base and be monitored from then on. All removed English ivy shall be disposed off site. • Scotch Broom Cytisus scoparius - Remove all Scotch broom including root systems from the site. • Non native blackberry — Himalayan blackberry Rubus armeniacus and Evergreen blackberry Rubus laciniatus - remove all non native blackberry including root systems from the site. Native blackberry Rubus ursinus — is not necessary to be removed • Bohemian Knotweed ( also referred to as Japanese Knotweed ) Polygonum x bohemicum is present on the site as noted in the' Mitigation Planting Plan, April 10, 2016'. There are approximately six small clumps. They are small enough to be dug out including roots. Dispose in the garbage. Stake each plant site with a pressure treated 2x4 x 2' high x 1.5' in the ground and note the plant name. These stakes shall be reviewed for three years minimum for any remaining plants. • Spurge Daphne laureola - • English Holly Ilex aquifolium Monitoring of Invasives English Ivy — Monitor each year for invasion to tree trunks and remove back to 5' from trunks Scotch Broom — Monitor whole property each year and remove plants and roots Non native Blackberry — Monitor whole property each year and remove plants and roots Bohemian Knotweed — Monitor identified current plant positions each year and the area within 20' of each stake as that is the potential root spread. April 20, 2016 pg. 2 Imeson — 6967 NE Bergman Road Spurge — Monitor whole property each year and remove plants and roots English Holly — Monitor whole property each year and remove plants and roots. Pay particular attention for many small plants near the originally removed holly. Planting procedure Remove invasives from areas to be planted. Ensure root systems of invasives are removed. Mow grasses tight to the ground cutting through the crowns of the grasses. Rototilling open areas is also acceptable in the flatter upland areas identified on the Mitigation Planting Plan. Planting specification- native plants shall be of sound nursery quality, with adequate root development for the container size, free of disease and invasive weeds. Prepare the planting hole by excavating twice the size of the root ball. Mulch all planted areas with organic mulch to a minimum depth of 3 ". Plant according to the plan and soak the root zone of each plant thoroughly at the time or planting. Invasive areas to be replanted — Once invaded areas are free of invasives noted on the April 20, 2016 Imeson Invasive Study document salal, sword fern and snowberry shall be planted in any open area as specified on the `Native Plant Schedule' of the' Mitigation Plan, Imeson 1:10, April 20,2016. Monitoring and Maintenance of new plantings Monitoring Report — a report shall be prepared each year for five years by a landscape professional The owner shall submit the monitoring report to the city by the 31" of December each year starting with the first December following the completion of the mitigation plan installation. The monitoring report shall included the following: 1. Line transect monitoring for four transects noted on the `Mitigation Plan' April 19, 2016 recording the percentage of cover. In September of each year for 5 years each transect as noted on the Mitigation Plan April 19, 2016 shall be measured for percentage of cover. This shall be measured by recording the diameter of drip ring for each plant crossing the transect. The percentage of cover shall then be noted in the report. 2. A photo from each of four noted points on the `Mitigation Plan' of sufficient quality to determine the condition of native plant community being established. 3. A list of dead or weak plants by species, quantity, size and availability that will be replaced in that year. Competition — Keep all new plantings free of weeds and other competition for five years. The plantings will not adequately thrive and thicken unless competition is eliminated. April 209 2016 pg. 3 Imeson 6967 NE Bergman Road Watering — At a minimum all new plants must be thoroughly root zone watered every two weeks. The first year is required. The second and third years of watering will ensure proper growth to a mature planting. Mulching — All new plantings will need additional mulch each year for three years. Any disturbance to the mulch and earth exposure must be covered with mulch each year. Deer — If deer choose to eat new plantings spray with a deer repellant as directed and after each rain. Performance Standards • Survivability — 100% for the first year quaranteed, and 80% in the second year • Native Plant Cover — The target for cover shall be 40% by year 3, 60% by year 4 and 80% by year 5. The annual `Monitoring Report' to the city shall give the general proof of this compliance • Species diversity — If a planted species is not surviving other natives may be introduced to achieve the same number of species presented on the plan • Invasive cover — The whole property except for the south portion across the inlet shall achieve and maintain no more than a maximum of 10% invasive cover. The 10% will be primarily the sheets of English Ivy on the steep banks which shall be held back to the steep portions only. The monitoring period will keep the English ivy in check for only 5 years and it will be incumbent on the owner to monitor and contain the English ivy beyond the 5 years. • Contingency Plan — In the event the plan and performance standards cannot be met the owner may apply to the city for approval of a contingency plan. Y+ A 17 N 3 � i A g az 1L F + 6 DI r - t F � �10� y L` 5 P O { I� 3 S T n E 5 o T a N r -ar n / � n J n p o r, r T p 1 "d s R t The Watershed Company April 2016 Appendix C STORMWATER MANAGEMENT PLAN e ® 9 a w>«rownu �e a o a a Q J Z W Z V J� / / mr,..rnv, G� anrvvm�auv U p w HE / F i I I F- E0 i The Watershed Company April 2016 Appendix D INVASIVE AREA STUDY 8400 Paulanna Lane NE Bainbridge Island, WA 98110 206 - 842 -7547 voice 206 - 842 -1680 fax bartonbainbridge@gmail.com www.bartberglandscape.com April 20, 2016 Michael Imeson BART BERG LANDSCAPE H( Invasive area study of 6967 Bergman Road, Bainbridge Island Observations were made on March 18, 2016. • 60' x 20' sloped, light shade, southern facing, light salal and Oregon grape. Invaded by daphne ( Daphne laureola), scotch broom and Himalayn blackberry • 30' x 50' sloped, light shade, southern facing, light sword fern, indian plum, hazelnut. Invaded by heavy daphne, light Himalayn blackberry, scattered holly (Ilex aquifolium) • 40' x 40' sloped, light shade, southern facing, light sword fern. Invaded by Himalayn blackberry, a few daphne, 6 plants of Japanese knotweed (Fallopia japonica) • 20' x 30' sloped, southern facing, medium shade. Invaded by English ivy, 6 trunks of 2 -3 diameter Douglas fir (one trunk has ivy 80' high) and ground ivy, average 40' up trunks • 30' x 40' steep bank, medium shade, south east facing mixed salal Invaded by ground ivy mixed into the salal and 8 trunks with ivy — average20' up. • 15' x 20' steep bank, light shade, south east facing Invaded by scotch broom • 20' x 30' steep bank, west facing, medium shade Invaded by an ivy sheet • 10' x 20' gentle slope, south west facing, open light, Oregon grape Invaded by scattered scotch broom and daphne • 20' x 30' sloped, medium shade, western facing, very light sword fern and oregon grape. Invaded by holly, Himalayn blackberry and an ivy sheet. • 10'x 20'gentle slope,medium shade, western facing, medium density salal. Invaded by scotch broom, Himalayn blackberry and daphne. Total square footage of invasive area — 8,000 SF Bart Berg G%'TY OF a p 2 2 ti S R�ncE� ATTACHMENT C l` iii State of Washington DEPARTMENT OF FISH AND WILDLIFE Coastal Region • Region 6 • 48 Devonshire Road, Montesano, WA 98563 -9618 Telephone: (360) 249 -4628 • Fax: (360) 249 -1229 August 26, 2016 Christy Carr City of Bainbridge Island Department of Planning and Community Development 280 Madison Avenue North, Bainbridge Island, WA 98110 -1812 Dear Ms. Carr: Subject: 6967 NE Bergman Road. I am writing to you regarding the request for a Shoreline Development Application for parcel # 092502 -2- 060 -2009, section 09, Township 25, Range 2 East. This parcel is located on Little Manzanita Bay. The parcel is made up of a point of the shoreline that is currently un- developed with a mature forested buffer. The applicant is proposing to build a residential home on the property within the shoreline buffer zone. The size of the property and its proximity on the point displaces almost the entire shoreline buffer zone. The applicant has put forward a site - specific vegetation management plan in lieu of the standard buffer. Upon review of the proposed project and the site specific vegetation management plan the Washington State Department of Fish and Wildlife is has concerns with the proposed project. The location of the house and the proposed vegetation management plan does not meet the "no net loss" standard and will result in a significant impact to a key, limited, sensitive, shoreline buffer. The presence of the house in and of its self, within the buffer zone, will have negative impacts on the environment. The purpose of the Shoreline Master Program and the Buffer set backs were put in place for a reason and this proposed action is in direct conflict of the goals and aims of that plan. The proposed project is disruptive to a very limited and critical shoreline habitat. In addition, there is space available on this parcel where residential development can occur without encroaching into the shoreline critical area buffers This is type of habitat is very limited in Washington State due to past developmental practices. It is important that we protect the few remaining areas with intact forested riparian marine shorelines. In addition, it is important to keep those precious few shoreline areas in Washington State, that are currently not developed... free of development. To develop a property within a critical area buffer when that parcel has sufficient room to accommodate a residential home outside of the buffer appears to be counterintuitive to the Shoreline Master Program. Very Kind Regards, Michael L. Blanton WDFW Habitat Biologist Port Orchard, WA 98366 COY OF a p a Z 2 v S R'nct� ATTACHMENT D Z CITY OF BAINBRIDGE ISLAND March 7, 2016 Bruce Anderson, AIA Cutler Anderson Architects 135 Parfitt Way SW Bainbridge Island, Washington 98110 RE: PLN50438 Pre - Application Summary Dear Applicant: Thank you meeting with planning staff on February 16, 2016 to discuss the proposal to construct a single - family residence at tax parcel number 092502 -2- 060 -2009 on NE Bergman Road (subject property). A summary of applicable sections of the Bainbridge Island Municipal Code (BIMC) and Shoreline Master Program (SMP) along with comments from other reviewers is provided below. The subject property is located within the R -2 zoning and Shoreline Residential Conservancy shoreline designations. The subject property tidelands have a Priority Aquatic A designation. Single- family residential development is a permitted use within this shoreline designation and requires a shoreline substantial development exemption (SSDE) application. All applicable dimensional standards of BIMC 18.12 also apply. Shoreline Master Program Environmental Impacts (SMP 4 1 2) All shoreline development, use and activities must be located, designed, constructed, and maintained in a manner that results in no net loss of shoreline ecological functions and processes. To assure that development activities contribute to meeting the no net loss standard, a site - specific analysis is required. It must include an analysis of potential impacts and a mitigation plan that includes compensatory mitigation measures when determined necessary as a result of the analysis. As discussed at the pre- application meeting, the Habitat Management Plan (HMP) required for the site - specific vegetation management area may be used to document the no net loss standard (see below). SMP Section 4.1.2.5 provides that vegetation replanting is required for all development, uses or activities within the 200 -foot shoreline jurisdiction that either alters existing native vegetation or Au vegetation in the required shoreline buffer. Vegetation replanting will be required for any native vegetation disturbance outside the shoreline buffer. The SMP does not provide for the removal of significant trees and the City may require alterations to the proposed site plan in order to retain significant trees. If mitigation is required, the applicant must provide assurance that the mitigation area will be maintained in perpetuity through notice on title, conservation easement or similar mechanism. In addition, a periodic monitoring program must be included as a component of the required mitigation plan. Monitoring must 280 Madison Avenue North Bainbridge Island, Washington 981 10 -181 2 www.baInbridgewa.gov 206.842.7633 CITY OF BAINBRIDGE ISLAND occur for a minimum duration of five years from the date of the completed development and may include periodic maintenance measures. Vegetation Management (SNIP 4.1.3) As discussed at the pre - application conference, all development within the shoreline jurisdiction must meet the vegetation management goals, policies and regulations provided in SMP Section 4.1.3. Two alternative methods may be used to meet these standards. One is the prescriptive shoreline buffer. The Shoreline Residential Conservancy shoreline designation on an undeveloped lot has a 150 -foot shoreline buffer measured from the ordinary high water mark (OHWM). While the site plan submitted with the pre- application materials does not show the OHWM and is not to scale, it is most likely that the 150 -foot buffer covers a majority of the parcel. When a shoreline property is significantly encumbered by shoreline or critical area buffers, single - family development is allowed pursuant to the encumbered lot provisions in SMP Section 4.2.1.7. As an alternative to the prescriptive shoreline buffer dimensions and encumbered lot provisions, an applicant may propose specific dimensional standards establishing a site - specific vegetation management area through a Habitat Management Plan (HMP). Requirements for the HMP are provided in SMP Section 4.1.3.5.a and Appendix B, Section B -4. Please note, the City will send the HMP to an appropriate third -party review agency — likely Washington Department of Fish and Wildlife (WDFW) — at the cost of the applicant. In addition, the applicant is required to record with the County Auditor a notice on title specifying the location and dimensions of the site - specific vegetation management area prior to permit issuance. Vegetation management regulations found in SMP Section 4.1.3 are applicable to both the prescriptive shoreline buffer and site - specific vegetation management area. Please refer to the vegetation alteration standards in SMP Section 4.1.3 for more detail. Shoreline Structure Setback View Requirement (SMP 4.1.3.11) In accordance with SMP Section 4.1.3.11. Lb, the shoreline structure setback provisions apply where an existing primary single - family residential structure is located within 100 feet of the subject property line. All measurements are to the closest primary residential structure on either side of the subject property as measured parallel to the shoreline. The subject property is a headland. The adjoining development is located only on one side, outside the shoreline buffer. SMP Section 4.1.3.11 does not include this particular scenario; however, SMP Section 4.1.3.11.4.c.i and SW Section 4.1.3.11.5.c both use the distance from the OHWM to the most waterward portion of the primary residence structure of the adjoining property to determine the shoreline structure setback line. As such, the shoreline structure setback line for the subject property will be determined by the distance from the OHWM to the most waterward portion of the primary residence structure of the adjoining property to the north. The proposed development must meet the shoreline structure setback view requirement unless a shoreline variance is granted. 280 Madison Avenue North Bainbridge Island, Washington 981 10 -181 2 www.bainbridsiewa.gov 206.842.763 3 CITY OF BAINBRIDGE ISLAND Critical Areas (SMP 4.1.5) The site plan submitted with your pre - application shows a steep slope on the subject property. The Geological Assessment Report submitted with the pre - application materials (Krazan, 2005) will need to be updated to reflect the proposed development. Please see the Development Engineer's comments (attached) regarding geologically hazardous areas. Stormwater Management (SMP 4.1.6) All shoreline development must minimize any increase in surface runoff through control, treatment, and release of surface water runoff so that the receiving water quality, shore properties, and features are not adversely affected, and through compliance with the standards established in the City's adopted Stormwater Management Manual in BIMC 15.20. On-site utility features serving a principal use, such as water, sewer or gas line to a residence, are "accessory utilities" and are considered a part of the principal use. Accessory underground utilities are a prohibited use in the Priority Aquatic A designation, located on the subject property waterward of the OHWM. The drainage plan for the subject property cannot include any underground utilities waterward of the OHWM. Please see the Development Engineer's comments (attached) regarding additional stormwater requirements. Other Review Comments from the City's Development Engineer and Fire Marshal are attached. The Kitsap Health District had no comments (see attached). Neat Steps Your next step is to submit a SSDE application with supporting documents and applicable fees. Please contact Nan Gladstein at 206.780.3762 or ngladsteingbainbrid ewa gov to schedule a permit submittal appointment. If you have any questions, please call me at 780 -3719. Since y, a"000000 Christy Carr, AICP Senior Planner Attachments: Comments from Development Engineer, Fire Marshal and Kitsap Health District 280 Madison Avenue North Bainbridge Island, Washington 98110 -1812 www.bainbridgewa.gov 206.842.7633 C CITY OF BAINBRIDGE ISLAND cc: Boulder Green LLC POB 10857 Bainbridge Island, Washington 98110 Please note that information provided at the pre - application conference and in this letter reflects existing codes and standards, currently available information about the site and environs, and the level of detail provided in the pre - application conference submittal. Comments provided Pursuant to pre - application review shall not be construed to relieve the applicant of conformance with all applicable fees, codes, policies, and standards in effect at the time of complete land use permit application. The comments on this proposal do not represent or guarantee approval of any project or permit While we have attempted to cover as many of the Planning, Engineering, Building and Fire related aspects of your proposal as possible during this preliminary review, subsequent review of your land use permit application may reveal issues not identified during the is initial review. If the city's pre - application review indicates that the City intends to recommend or impose one or more conditions of permit approval, and if the applicant objects to any of said conditions, the applicant is hereby requested and advised to provide written notice to the City of which conditions the applicant objects to and the reasons for the applicant's objections. 280 Madison Avenue North Bainbridge Island, Washington 981 10 -181 2 www.bainbridgewagov 206.842.7633 GOY OF a � o a Z L � ATTACHMENT E CITY OF BAINBRIDGE ISLAND DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT MEMORANDUM Date: June 28th, 2016 To: Christy Carr, Senior Planner From: Peter Corelis, P.E., Development Engineer Subject: PLN50438 SSDE — Imeson /Boulder Glen LLC Project Description: The proposal is to construct a single- family residence, with driveway access, and parking within the shoreline jurisdiction and in the buffer to a geologically hazardous area. Project Review Comments: I have completed a review of the above referenced project received by the City of Bainbridge Island (COBI) on May 41h• 2016. Additional information is required to provide further comment for the Shoreline Substantial Development Exemption (SSDE) application. Please see the requested items below: 1. The development is adjacent to one or more geologically hazardous critical areas otherwise identified as landslide hazard areas. Landslide hazard areas are characterized by 10 vertical feet or more of steep slopes over 40% in grade, or, slopes between 15% to 40% slope with groundwater seeps or springs and impermeable soils overlain or interbedded with permeable granular soils. The application for development shall meet all the submittal requirements required for proposals for work occurring In all geologically hazardous areas and buffers per the Shoreline Master Program (SMP), Appendix B -9. 2. The critical area geotechnical report shall include a designation of all landslide hazard areas, buffers, and building setbacks on the site plan. 3. Submit Step Forms 1 & 2 with the geotechnical report signed and stamped by a geotechnical engineer. 4. Any reduction to the prescribed steep slope buffers shall be justified though analytical means demonstrating the minimum factors of safety per Appendix B -9 are met. 5. A buffer reduction shall undergo a third -party geotechnical review. A $2500 deposit with an authorization form is collected with the application to initiate and cover the cost of the review. 6. All work within 300 feet of the top of the steep slope lies within the zone of influence of the landslide hazard area. All surface stormwater systems and alterations within the zone of influence must be reviewed and approved by a geotechnical engineer. 7. Provide a detail of the pervious pavement section intended to serve as the driveway surface. Page 1 of 2 8. Submit detailed soil infiltration rates and soil log information to determine where stormwater infiltration is feasible. 9. The private access driveway exceeds 150 feet in length. A firetruck turnaround must be incorporated into the design to serve the lot. It must be reasonably shown that the firetruck turnaround does not occupy the same physical space as parking areas. Provide a superimposed firetruck turnaround on the plan that meets the minimum dimensions required. See the Bainbridge Island Fire Department for the required detail. P: \Engineering \Project Files \50000.50100 \50400 -50499 \50438 \PLN50438 SSDE DE Comments.docx Page 2 of 2 G%CY OF a Z 2 v S ATTACHMENT F Christy Carr From: Alison Osullivan <aosullivan @suquamish.nsn.us> Sent: Friday, August 26, 2016 3:53 PM To: Christy Carr Cc: Brenda Padgham; Blanton, Michael L (DFW) Subject: RE: 6967 NE Bergman Rd. The Suquamish Tribe also has concerns regarding the proposed project. Critical Area buffers should be maintained. Mitigation sequencing is to first avoid, then minimize and mitigate in that order. There does not seem to be adequate information provided as to why the buffer cannot be fully maintained. The literature indicates that buffers reduce impacts by moderating the effects of stormwater runoff including stabilizing soil to prevent erosion and filtering suspended solids. Buffers also provide essential habitat and migration corridors for many species for use in feeding, roosting, breeding and rearing of young, and cover for safety, mobility, and thermal protection. Buffers reduce the adverse impacts of human disturbance on habitat including blocking noise and glare, reducing direct human disturbance from dumped debris and trampling, and provides visual and physical separation (Buffers Use and Effectiveness, EPA, February 1992). The Suquamish Tribe is a signatory to the 1855 Treaty of Point Elliott. 12 Stat. 927, Article 5 of the Point Elliott Treaty secures the Tribes "right of taking fish at usual and accustomed fishing grounds and stations ". The proposed project is located within the Tribe's adjudicated usual and accustomed grounds and stations ( "U &A "). Suquamish Tribal members harvest fin fish in Manzanita Bay, primarily coho and chum. Clams were also commonly harvested all along the shores of Manzanita Bay until the area was deemed Unclassified by the State of Washington Department of Health. Harvest will resume when clams are safe to eat. Any regulatory decisions that could lead to additional contaminants or impacts in Manzanita Bay are in direct conflict with the Tribes efforts to have future harvest opportunities. The Tribe requests that buffers and critical areas be preserved to maintain Tribal Treaty harvest opportunities. Alison O'Sullivan Biologist, Suquamish Tribe Fisheries Department r ,r 18490 Suquamish Way (street) P.O. Box 498 (mailing) Suquamish, WA 98392 phone: (360) 394 -8447 fax: (360) 598 -4666 This email is intended exclusively for the individual(s) or entities to whom it is addressed and may contain confidential information and /or privileged information. If you are not the intended recipient or agent responsible for delivering it to the intended recipient, be advised that any use, dissemination, distribution, copying or taking of any action in reliance on the contents of this transmission is strictly prohibited. If you have received this communication in error, please immediately notify the sender electronically, return the email to the above email address and delete it from your files. Thank you.