2017-07-31 DECLARATION OF CHRISTY CARR IN SUPPORT OF RESPONSE1
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BEFORE THE CITY OF BAINBRIDGE ISLAND
OFFICE OF HEARING EXAMINER
CRYSTAL AND YURIE RICH,
Appellants,
V.
CITY OF BAINBRIDGE ISLAND, acting
through its Department of Planning and
Community Development,
Defendant.
No. PLN50468 VEG
DECLARATION OF CHRISTY CARR IN
RESPONSE TO MOTION TO CLARIFY
I, CHRISTY CARR, make the following statement based on personal knowledge:
1. I am a senior planner with the City of Bainbridge Island and was the planner
assigned to review the vegetation management permit application that is the subject of the appeal
decided by the Hearing Examiner herein on March 9, 2017.
2. I am over the age of 18, am competent to testify herein, and have personal
knowledge of each and every fact set forth in this Declaration.
3. The Declaration of Crystal Rich dated July 24, 2017 contains a number of
inaccuracies that I wish to respond to. First, however, I want to directly address the purpose of
Condition 11 imposed by the Director of Planning and Community Development on the
vegetation management permit issued to Mr. and Ms. Rich and that was upheld by the Hearing
Examiner.
t1EH1610797.DOC;1/13023.050016/ )
DECLARATION OF CHRISTY CARR - 1
OGDEN MURPHY WALLACE, P.L.L.C.
901 Fifth Avenue, Suite 3500
Seattle, Washington 98164.2008
Tel: 206.447.7000 /Fax: 206.447.0215
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4. Condition 11 is aimed at ensuring the offsite impact reduction function of the non-
farmed buffer by mitigating actual adverse risks to surrounding residential properties from the
drainage features installed by the Riches. The condition does not restrict the uses within the non -
fanned buffer solely because it is related to agricultural use; in fact, as noted by Ms. Rich, the
drainage features will serve both farm and residential uses on the property. The City does not
assert that mowing, weeding, and pest control are unique to farming operations, but only that
when these requirements are applied a large drainage facility like that proposed for the Rich
property, the requirements will have impacts on surrounding properties if the drainage facilities
are located where proposed.
5. The drainage features proposed by the Riches include a 3,375 square foot
biorentention cell, 600 - square feet of which are proposed to be located in the non - farmed buffer.
In addition, the Riches propose to locate over 1000 linear feet of grass -lined Swale within the
non - farmed buffer, including three rock check dams. Contrary to the applicant's declaration, not
all of these features are adjacent to Quail Hill Road. Approximately 165 feet of grass lined Swale
is adjacent to an abutting residential property.
6. The operation and maintenance guidance document referenced in the applicant's
drainage plan and Declaration outlines maintenance considerations, standards and procedures,
and maintenance frequency estimates for "typical" drainage facilities (1000 square feet of
facility, or 1,000 linear feet of facility). Again, the bioretention cell proposed by the Riches is
over 3000 square feet in size and there is over 1000 linear feet of grass lined Swale and dams.
Required maintenance is on a monthly, quarterly, biennial or annual basis. Maintenance
components include the facility footprint, inlets /outlets /pipes (the proposed outlet pipe is 8 -inch
diameter), vegetation, mulch, watering, and pest control. Maintenance of the bioretention
facilities far exceed that required for a residential lawn or any other type of purely residential use.
The majority of this maintenance will occur within the non - farmed buffer and the front yard
setback to Quail Hill Road, an area in which, at the time the Riches applied for their vegetation
{ JEH1610797.DOC;1/13023.050016/1
DECLARATION OF CHRISTY CARR - 2
OGDEN MURPHY WALLACE, P.L.L.0
901 Fifth Avenue, Suite 3500
Seattle, Washington 98164 -2008
Tel: 206.447.7000/Fax: 206.447.0215
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11 management permit, rain gardens and drainage swales were prohibited by BIMC 18.12.040
II because of their potential adverse impacts on surrounding property.
7. While this maintenance activity is not exclusive to farming activities, the
frequency, duration and scale associated with the facilities proposed by the Riches is not typical
of any stormwater infrastructure in the surrounding neighborhood. The proposed bioretention cell
is three times the size of a "typical" facility and will have ongoing impacts related to noise,
odors, nuisance plants and pests and aesthetics. Condition 11 mitigates actual adverse risks to the
surrounding residential properties by moving the drainage facilities out of the non - farmed buffer
and away from those surrounding properties.
6. Condition 11 is also not overly burdensome on the Riches and will not
significantly detract from their intended farm use. The bioretention cell would only need to be
shifted eight feet to the north in order to be located entirely outside the non - farmed buffer.
7. Having detailed the reasoning behind Condition 11,1 would now like to respond
to several inaccuracies in Ms. Rich's Declaration. First, in paragraph 3 of the Declaration, Ms.
Rich states that the City refuses to let go of its position that the non -famed buffer is a "no touch
buffer." This is incorrect. The City has not stated or implied that the buffer is a "no touch" buffer
and has not challenged the Hearing Examiner's revised Condition 7, which allows hedgerows
and other plantings, in any way. The City has only sought to enforce Condition 11, which the
Hearing Examiner expressly upheld.
8. The "summary of needed steps" set forth in paragraph 4 of Ms. Rich's Declaration
is incomplete. On March 22, 2017, I provided the applicant with a list of items that needed to be
addressed prior to the start of any clearing or grading on her property. This list included "a
revised drainage plan meeting the requirements of Condition 11 must be submitted for review
and approval. The City has consistently and repeatedly advised the applicant of this requirement
and Ms. Rich's list conveniently omits Condition 11.
{JEH1610797.DOC;1/13023.050016/ }
DECLARATION OF CHRISTY CARR - 3
OGDEN MURPHY WALLACE, P.L.L.C.
901 Fifth Avenue, Suite 3500
Seattle, Washington 98164 -2008
Tel: 206.447 7000 /Fax: 206.447.0215
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9. In response to paragraphs 11, 12, and 13 of Ms. Rich's Declaration, I sent an
email to the applicant at the applicant's request on April 17, 2017 showing those portions of the
drainage features that needed to be moved out of the non - farmed buffer. I took the drainage plan
submitted by the applicant with the original vegetation management permit application and
highlighted the features other than the outfall that were located in the non - farmed buffer. At no
point did I say that the overflow (outfall) for the bioretention cell could not be located in the
buffer. Condition 1 I specifically allows the biorentetion cell outlet to be located in the non -
farmed buffer and I have not stated anything to the contrary.
10. In response to Ms. Rich's statement in paragraph 13 of her Declaration that I did
not respond to her request for a code reference, I did not provide a reference because what is
required is that the drainage plan comply with Condition 11 of the vegetation management
permit. While the drainage plan may comply with the specific requirements of the City's
stormwater regulations, that is not the issue. The drainage plan does not comply with Condition
11, which the Director imposed and the Hearing Examiner upheld.
11. In response to paragraphs 15 - 17 of Ms. Rich's Declaration, Ms. Rich confuses
the responsibilities of the City's Public Works Department with those of the City's Department
of Planning and Community Development. Condition 3 of the vegetation management permit
clearly states that the Department of Planning and Community Development (not Public Works)
must inspect clearing limits fencing/netting:
Clearing limits fencing/netting must be installed, inspected
and approved by the PCD prior to any vegetation
disturbance on the site, in order to verify compliance with
the conditions of approval and conformity with the
standards of BIMC 16.22. At the time of the clearing limits
inspection, the applicant shall have all property lines of the
lot clearly marked and identifiable.
12. In response to paragraph 21 of Ms. Rich's Declaration, the City has made it clear
at least seven times between March and July, 2017 that Condition 11 remains a valid part of the
(JEH 1610797 DOC;1 / 13023.050016/ )
DECLARATION OF CHRISTY CARR - 4
OGDEN MURPHY WALLACE, P L.L C.
901 Fifth Avenue, Suite 3500
Seattle, Washington 98164 -2008
Tel: 206.447.7000[Fax: 206.447.0215
f)
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vegetation management permit and needs to be met. This includes an email to the applicant from
the City Manager on June 22, 2017 stating that "Modifying the drainage plan is the option
available to move forward with your project. There will be no inspection until the drainage plan
is modified and approved." The City has consistently and repeatedly tried to explain the rationale
for the City's actions and the applicant simply refuses to listen.
13. In response to paragraphs 24 - 26 of Ms. Rich's Declaration, the applicant
continues to conflate the City Development Engineer's approval of the drainage plan and
compliance with Condition 11. Including erosion controls as part of the drainage plan is not a
substitute for complying with the conditions of approval. The City's Development engineer
approved the stormwater plan from an engineering standpoint and not necessarily with regard to
the nonfarmed buffer and compliance with Condition 11.
14. In response to paragraph 28 of Ms. Rich's Declaration, a farm plan is no more
than a laundry list of "should" for environmentally sustainable farming. While the farm plan
written by the Kitsap Conservation District contains a number of boilerplate Natural Resource
conservation Service (MRCS) standards, these are simply recommendations from a non-
regulatory agency and do not supersede project conditions. The applicant is not so experienced
in the implementation of these practice standards or other pasture practices that conditions of
approval are not necessary.
15. In response to paragraph 30 of Ms. Rich's Declaration, the City did not request
that the applicant hire a second stormwater engineer to review the plan provided by Seabold
Engineering. Instead, what the City did was send an email to the applicant on July 6, 2017
providing clarification of the City's expectations for the revised drainage plan meeting the
requirements of Condition 11. These expectations included a requirement that the revised
drainage plan be stamped by a licensed civil engineer and accompanied by a memorandum from
the civil engineer stating that the revised plan is consistent with the Bainbridge Island Municipal
Code, including BIMC 15.20.
IJEH1610797. DOC; 1/13023.050016/ 1
DECLARATION OF CHRISTY CARR - 5
OGDEN MURPHY WALLACE, P.L.L.C.
901 Fifth Avenue, Suile 3500
Seattle, Washington 98164 -2008
Tel: 206.447.7000/Fax: 206.447.0215
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16. Condition 11 was a well thought out response to the impacts that the location of a
large bioretention cell and grass -lined swale on the Rich property with substantial facilities
proposed to be located in the non -famed buffer would have on the properties surrounding the
Rich property. While the applicant continues to disagree with the City's imposition of the
condition, Condition 11 is justified by the adverse impacts and risks it is intended to mitigate. I
respectfully request that the Hearing Examiner deny the Riches' motion to nullify Condition 11.
I declare under penalty of perjury under the laws of the State of Washington that the
foregoing is true and correct.
EXECUTED at Seattle, Washington this 31 st day f July, 2017.
Chr ty Carr
(JEH 1610797. DOC J /l3023.050016/ )
DECLARATION OF CHRISTY CARR - 6
OGDEN MURPHY WALLACE, P.L.L.C.
901 Fifth Avenue, Suite 3500
Seattle, Washington 98164 -2008
Tel: 206.447.7000/Fax: 206.447.0215