STAFF REPORT(Clark PLN50467 VEG) Page 1 of 7
Department of Planning and community development
Staff Report
Date: July 13, 2016
To: Gary Christensen
From: Nate Schildmeyer
Project: Clark Homesite Clearing (Vegetation Management)
File Number: PLN50467 VEG
Applicant: Paul and Jennifer Clark
9809 NE Lafayette Ave.
Bainbridge, WA 98110
Request: Vegetation Management Permit for clearing of approximately 18,000 square
feet of area (.41 acres) to allow for construction of a Single Family Residence.
Location: Kitsap County parcel number 282502-2-035-2008
Project Overview:
The applicants propose to clear an area within their 2.34-acre lot to construct a single-family residence.
The site is forested, and the applicants propose clearing an area of approximately 18,000 square feet to
accommodate construction of an access-way, installation of an on-site sewer (OSS) system, and single
family residence with attached garage. Based on the standards of the vegetation management chapter
(BIMC 16.22), the applicants require a vegetation management permit approval for the vegetation
clearing to allow for residential development of this undeveloped property, and are limited to clearing
20 percent of the lot area.
Environmental Review:
This project was subject to review under the State Environmental Policy Act (SEPA), as stipulated in the
Washington Administrative Code (WAC 197-11-800) and the Bainbridge Island Municipal Code (BIMC
16.22.050.B.2). Using the optional DNS process provided in WAC 197-11-355, the City issued a combined
Notice of Application/SEPA comment period on April 29, 2016. No comments were received during the
comment period. In conjunction with the Notice of Decision for this application, the City (acting as lead
agency) will issue a threshold determination for this proposal.
(Clark PLN50467 VEG) Page 2 of 7
Background/Public Notice:
No pre-application conference was held for this project. The application materials were received on
March 9, 2016, and a subsequent notice of incomplete application was sent to the applicant on April 5,
2016. Revisions in response to the letter of incomplete were received on April 12, 2016, and the
application was deemed complete on April 25, 2016.
A combined Notice of Application/SEPA comment period was published on May 13, 2016. No comments
were submitted in response to the publication of notice, and in conjunction with the Notice of Decision
on this application, the City, acting as lead agency, will issue a threshold determination for this proposal.
STAFF ANALYSIS
I. Introduction
The applicant intends to clear the portion of the site necessary to allow for construction of a
single-family residence and appurtenances. The proposal is to clear approximately 18,000
square feet of area within the lot area in order to accommodate the development,
converting this undeveloped lot into a residential homesite. Clearing will be consolidated
within a designated area along the northern edge of the property where the access-way is
already located. Limited clearing for the installation of the well and for the access-way was
authorized previously under City of Bainbridge Island (COBI) clearing permit no. PLN50467
CLR.
This lot is 2.34 acres in total, and as such is near the minimum standard amount of lot area
for the R-0.4 residential zoning area in which it is located (minimum lot size of 100,000
square feet). Vegetation management is applicable due to the fact that this is an
undeveloped property, and therefore meets the criteria of BIMC 16.22.030.A.1, even though
it may not be further subdivided under the current standards of the BIMC. The vegetation
management chapter specifies that lots undergoing conversion harvest under BIMC
16.22.060.A.1 within the R-0.4 zoning area are permitted to clear up to 20 percent of the lot
area. This proposal to clear approximately 18,000 square feet of area while leaving the rest
of the lot area undisturbed forest area meets the criteria of this section of the code.
II. Findings of Fact
A. Site Characteristics
1. Tax Assessor Information:
a. Tax lot number: 282502-2-035-2008
b. Owners of record: Paul & Jennifer Clark
c. Lot size: 2.34 acres
d. Land use: undeveloped
(Clark PLN50467 VEG) Page 3 of 7
2. Soils and Terrain:
The site proposed for the clearing activity (and eventual homesite) is fairly flat and
mostly clear with a gentle slope towards the south. The southern half of the lot has
a moderate slope towards the southeastern corner of the lot. The southern, sloping
half of the lot had a well-developed understory of ground cover and tree canopy.
Soils in this area are classified as Harstine gravely sandy loam, a type of glacial till.
3. Site Development:
This site is currently undeveloped, but there is a pending building permit application
currently under review with the City of Bainbridge Island Planning and Community
Development department (BLD21401 SFR) for construction of a single-family
residence. Once the approval is granted for this vegetation management permit
application, site development can proceed in conjunction with that construction
permit application subject to approval.
4. Access:
Access to the site is via Johnsonville Lane, which intersects Fletcher Bay Rd. close to
the intersection with Island Center Road.
5. Surrounding Uses:
All of the contiguous neighboring parcels are zoned R-0.4 (one residence per
100,000 square feet) and are developed with single-family residences. All properties
within the vicinity are zoned R-0.4 for low-density residential development.
Immediately to the west of the subject parcel there is an undeveloped lot, but it is
adjacent to a residentially developed lot under contiguous ownership.
6. Comprehensive Plan Designation and Zoning:
The Comprehensive Plan designation for the lot in question is Open Space
Residential (OSR-0.4). The subject property zoning is R-0.4, one residential unit per
100,000 square feet.
7. Critical Areas:
There is a stream and stream buffer indicated by the City’s GIS in the extreme
southeastern corner of the lot, and the City’s data indicates that it is designated a
non-fishbearing, seasonal stream with a forty (40) foot water quality buffer and an
additional ten (10) foot habitat buffer. None of the clearing or vegetation-disturbing
activities planned for the lot are in the vicinity of this critical area, and any
disturbance will be well in excess of 100 feet from this critical fish and wildlife
habitat conservation area.
(Clark PLN50467 VEG) Page 4 of 7
The southern half of the parcel does slope noticeably to the south and east, but
nothing in the City’s data indicates that there are slopes that even reach the
threshold of 15% grade. Having visited the site twice, I found the incline easily
walkable, and it does not appear to rise to the level of a geohazardous (40%-grade)
slope.
III. Bainbridge Island Municipal Code
A. Title 16.22.030.1 Applicability: This is an undeveloped, forested property that is
undergoing conversion harvest to allow for construction of a Single Family Residence
(SFR). The property is also 2.34 acres in size (100,000+ square feet), in an R-0.4 zoning
area (one residence per 100,000 square feet) so it meets the standards for a conforming
lot within that zoning area. Based on its size, this lot is not eligible for further subdivision
under the standards of BIMC chapter 17.
This specific section of the code specifies a series of areas and circumstances under
which vegetation management standards are applicable. BIMC 16.22.030.A.1 lists
“Undeveloped properties or developed properties which can be further subdivided,
including those properties under two acres in size which are exempt under a Class I
forest practice permit” as being subject to vegetation management. This is an
undeveloped property, and as such vegetation management is applicable.
B. Title 16.22.040 Exemptions: This proposal does not meet any of the provisions listed as
exemptions. The applicants have undertaken and completed a separate clearing project
under the authorization of a clearing permit (PLN50467) that was issued on March 2,
2016. This project cleared an access-way along the northern border of the lot between
the roadway to the east and to the proposed homesite. This permit was issued under
the exemption in BIMC 16.22.040.D, which allows for “[C]onstruction of less than 600
feet of road on a sideslope of 40 percent or less if the limits of construction are not
within the shoreline area or designated critical area.” The length of the access-way
cleared is < 300 feet (exempt from vegetation management under this exemption
section), and the applicant was also allowed under that permit to install the well under
that authorization that will ultimately serve the proposed residence. The totality of the
clearing that was done under the approval of the previous clearing permit met the
COBI mapping of stream and buffer
(Clark PLN50467 VEG) Page 5 of 7
criteria of the exemption in BIMC 16.22.040.E (less than 5000 board feet for personal
use), and was field-verified for compliance.
C. Title 16.22.050.A Vegetation Management Permit: Since it is the applicants’ intention
to convert this property to a nonforest use and to avoid a six-year moratorium on
development, it is required that they submit, and receive approval of, a vegetation
management permit application. They are also required to receive the approval of their
proposal from the Washington State Department of Natural Resources (DNR). Copies of
any approvals issued to the applicant by DNR shall be provided to the City once
approved.
D. Title 16.22.050.C Decision Criteria: A vegetation management permit application may
be approved, denied, or approved with conditions if it meets the following criteria:
1. Harvesting meets the vegetation management standards of BIMC 16.22.060. This
proposal does meet these standards. An item by item discussion of the relevant
sections of 16.22.060 as they relate to this proposal are included below in section F
of this report.
2. Erosion control measures are included as part of the plan. An erosion control plan
for the clearing and subsequent construction project was approved by the City’s
Development Engineer without comment or any requirement for revision.
3. All applicable open space and corridor standards are met. There are no designated
open space areas on the lot, and the site is not part of a designated upland or
riparian corridor according to City data sources.
4. Mitigation measures are proposed which reduce adverse impacts on surrounding
property. The applicants are retaining forested area and existing vegetation around
the perimeter of the property on the western, southern, and eastern sides of the
site, clustering the area designated for clearing and future development along the
northern edge of the lot. By retaining the perimeter vegetative features, they will
mitigate noise and light emissions from the site both during the clearing
construction process, and once the site has been converted to residential use. This
placement also makes use of the existing clearings on the site and locates
development well away from the critical area (stream) in the extreme southeastern
corner of the lot. Stormwater runoff has been designated for treatment on site, and
the plan to do so has been approved by PCD reviewers.
5. All other provisions of this code are met. This proposal meets this requirement.
E. 16.22.060 Vegetation management standards: Properties intended for conversion from
forest to non-forest (developed) use under vegetation management shall undergo
either a conversion harvest or a selective harvest. This proposal is for a conversion
harvest, converting an undeveloped, forested lot to residential use. Under the standards
of a conversion harvest, the applicant is limited to percentages of existing area where
vegetation can be cut, and in the R-0.4 zoning area (as this property is), that percentage
limit is 20 percent. The lot is roughly 101,900 square feet in size, and the intention is to
clear 18,000 square feet of area to accommodate the construction of the house,
(Clark PLN50467 VEG) Page 6 of 7
driveway, and garden areas. This falls below the 20 percent threshold specified in BIMC
16.22.060.A.1.
Residual forest areas are clustered and designed to be windfirm, contiguous with
surrounding forested-areas to the south, keeping the clearing consolidated along the
north side of the lot. The only exception to this consolidated configuration is a 30-foot
by (approximately) 130-foot strip being retained along the norther border of the lot on
the western side, as a windfirm buffer between the subject development and the
existing homes to the northwest. The 30-foot width provided exceeds the 25-foot
requirement of the agricultural conversion harvest provision of the BIMC (BIMC
16.22.060.A.2), so should be adequate to safely serve this buffering purpose.
The lot to the north contains a clearing and an existing homesite with a single-family
residence, and this proposal keeps the new areas of clearing largely contiguous with
what is already existing on the neighboring parcel and subject parcel. There is no cutting
proposed or approved in any designated open space, noncut buffers, critical areas, or
any other protected vegetative areas. The City’s data indicates a non-fishbearing,
seasonal stream (type Ns) is located in the far southeastern corner of the lot, and that a
proscriptive buffer of 50 linear feet extends from the edge of this stream. All clearing
and areas of disturbance are well over 100 linear feet away from this feature and its
buffer. A DNR class IV general forest practices permit is required for this project, and is a
condition of approval prior to the commencement of clearing activities.
IV. Conclusions
As conditioned, this proposal meets the applicable sections of the Bainbridge Island
Municipal Code (BIMC), and meets the decision criteria for approval found in
16.22.050.C.1—5. This application in now before the director for approval.
Decision:
This project is Approved subject to the following Project Conditions:
1. A separate building permit will be required for the construction of any structures, buildings,
roadways, driveways or utilities on this site.
2. This approval extends to the clearing of vegetation within the “Revised Garden Area,” “Haul
Route,” and homesite area represented on the revised site plan submitted and date stamped
July 12, 2016.
3. All significant trees in the area of the on-site sewer (OSS) system drainfield shall be retained.
4. Total of clearing under this approval shall not exceed 20,000 square feet of area.
5. A class IV forest practices permit from the Washington State Department of Natural Resources is
required to begin the work authorized by this permit. The applicant shall receive this approval
prior to commencing any clearing activities, and shall provide copies of this approval to the
Planning and Community Development (PCD) department.
(Clark PLN50467 VEG) Page 7 of 7
6. Clearing limits fencing must be installed, inspected, and approved by the PCD department as
shown on site plan submitted July 12, 2016 as part of this application PRIOR to any vegetation
disturbance on the site, in order to verify compliance with the conditions of approval and
conformity with the standards of BIMC 16.22. At the time of the clearing limits inspection, the
applicant shall have the property boundary lines on the north and west of the lot clearly marked
and identifiable.
V. Appeal Procedures
Vegetation management determinations are appealable to the Hearing Examiner in
accordance with the procedures set forth in BIMC 2.16.020.P
VI. Attachments
A. Vegetation Management Application
B. Site plan submitted 07/12/16
C. SEPA checklist
D. Vegetation Management Permit Clearing Notes received 04/12/16
E. Notice of Application