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HEX DECISIONJanuary 30, 2017 CITY OF BAINBRIDGE ISLAND, WASHINGTON HEARING EXAMINER REPORT AND DECISION ON SHORELINES AND ZONING VARIANCES Project: Terp Single - Family Residence File number: PLN13508 SVAR/VAR Applicants: Lauren and Jason Terp Request: To construct a 3- story, single - family residence on an undeveloped lot on the face of a marine bluff and wholly within the shoreline buffer. The proposal includes a 1,200 square foot house, 455 square foot parking area /driveway, 240 square foot deck, a retaining wall necessary for slope stabilization and a path to the shoreline terminating at a new "notch" in an existing concrete bulkhead to allow access to the beach. Development on the face of a marine bluff requires a shoreline variance (SVAR); and zoning variances (VAR) are required to exceed maximum lot coverage and to encroach onto the front yard setback. Location: 3356 Point White Drive NE, adjacent to Rich Passage. Environmental Review: The project was determined to be categorically exempt from SEPA review pursuant to WAC 197- 11- 800(1)(b)(i). FINDINGS OF FACT A. Site Characteristics and Procedural Background 1. The basic data describing the site and its setting are as follows: Tax Assessor Information Tax Lot Number 042402 -3- 031 -2009 Owners of Record Jason and Lauren Terp Lot Size (BIMC 18.12.050) 3,920 square feet (.09 acre) Land Use Single- family residential Terrain Face of a marine bluff ( >40% slope over 10 feet high) Soils Kapowsm gravelly sandy loam Dystric Xerorthents Existing Site Development None Access Point White Drive NE Public Utilities South Bainbridge Island Water South Island Sewer Service Area Zoning /Comprehensive Plan R -2; OSR -2 Designation Shoreline Designation Shoreline Residential Surrounding Zoning /Comprehensive R -1 and R -2; OSR -1 and OSR -2 Plan Designation Surrounding Uses Single- family residential 2. The staffs report and exhibits submitted at the public hearing only minimally documented the project's earlier procedural history. More concretely, some rather essential jurisdictional documents are missing from the record: the portion of the Terp shorelines application describing the specific variances requested; the City's actual shoreline exemption determination; and its actual SEPA categorical exemption determination. The Terp proposal is uncontroversial, and there is no reason to suppose that the underlying documentation has been mischaracterized by the staff report. So a delay simply to flesh out the record may be unwarranted here, but any party believing otherwise may file a timely motion to reopen the hearing for the purpose of supplementing the record with the missing documents. If such a motion is received, it will be granted. 3. Shoreline and variance applications were submitted on June 7, 2016, and at some later point determined to be complete. The project was deemed to be exempt from SEPA review and eligible for a shorelines exemption. The legal lot of record is approximately 24,000 square feet in size, consisting mainly of tidelands. Pursuant to BIMC 18.12.050, the "lot area" subject to City regulation is defined as the portion located upland of the Ordinary High Water Mark (OHWM), in this instance comprising slightly less than 4000 square feet. The discussions of lot area appearing below are thus predicated on the City's specialized definition. 4. The public hearing on the consolidated shorelines and zoning variance applications was held on January 18, 2017. No testimony was offered in opposition to the proposal. The hearing record was held open through January 20, 2017, to allow staff to submit a correctly numbered list of proposed conditions and allow for further comments on potential condition language changes. 5. Although the City's Shoreline Master Program (SMP) regulations have been conveniently codified at BIMC Chapter 16.12, the staff report citations are to the underlying document adopted at Ordinance 2014 -14, which also includes general policy language. To avoid confusion, the Ordinance 2014 -14 SMP references have been retained within this decision. The final decision of the Hearing Examiner approving the shorelines variance does not become effective until review by the state Department of Ecology has been completed. B. Shorelines Variance Review 6. BIMC 2.16.165.G(4)(a) provides the applicable decisional criteria for review of the shoreline variance request: Shoreline variance permits for development and /or uses that will be located landward of the ordinary high water mark (OHWM), and /or landward of any wetland, as defined in Chapter 16.12 BIMC, may be authorized, provided the applicant can demonstrate all of the following: i. The strict application of the bulk, dimensional or performance standards set forth in the applicable master program precludes, or significantly interferes with, reasonable use of the property; ii. The hardship described in subsection G.4.a.i of this section is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of the master program, and not, for example, from deed restrictions or the applicant's own actions; iii. The design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program and will not cause adverse impacts to the shoreline environment; iv. The variance will not constitute a grant of special privilege not enjoyed by the other properties in the area; v The variance requested is the minimum necessary to afford ford relief; and vi. The public interest will suffer no substantial detrimental effect. In addition, BIMC 2.16.165.G(4)(c) imposes the following further standard: In the granting of all shoreline variance permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if shoreline variances were granted to other developments in the area where similar circumstances exist, the total of the shoreline variances should also remain consistent with the policies of Chapter 90.58 RCW or its successor and should not produce substantial adverse effects to the shoreline environment. 7. The shoreline and zoning variance standards substantially overlap. To the extent that findings within this shorelines discussion are applicable to the zoning review as well, or vice versa, they are adopted by reference as findings for the corresponding parallel discussion. 8. Regarding basic SMP requirements, the proposal is consistent with the purpose of the Shoreline Residential designation specified in Chapter 3.0 in that it accommodates development that preserves the natural character of the area and maintains shoreline vegetation buffers. Single - family dwellings are a permitted use in this shoreline designation as stated in Table 4 -1. Pursuant to Table 4 -2, residential development is subject to the shoreline 30 percent side yard setback and the zoning height and zoning dimensional requirements specified in BIMC 18.12. As an undeveloped lot located in the Shoreline Residential designation, Table 4 -3 imposes a shoreline buffer of 75 feet from the OHWM. 9. The proposal's consistency with applicable dimensional standards is described below: Dimensional Standards 30% side yard 1 80' lot width x .30 = 24 feet Proposed 25 feet Side yard 5' minimum/ 15' total 10 feet minimum/25 feet total Front yard 25 feet 17 feet from edge of pavement; 0 feet from right - of -way Height 30 feet 28 feet, 3 inches Lot coverage 20 percent (784 square feet) 30.6% (1200 square feet) 10. Under SMP Section 4.1.2 all shoreline development, uses and activities are required to result in no net loss of the ecological functions and processes necessary to sustain shoreline resources. In order to demonstrate compliance with this provision, an applicant is required to submit either a site - specific impact analysis and mitigation plan or may use the Single Family Residence Shoreline Mitigation Manual (Manual). The applicant submitted a site - specific impact analysis and mitigation plan. 11. Anticipated project impacts are described in the Site Specific Analysis and No- Net -Loss Mitigation Plan submitted with the application. Project impacts include loss of non - native and invasive species and potential water quality degradation resulting from new impervious surface area runoff. Permanent direct impacts resulting from the project will consist of approximately 1,895 square feet of vegetation removal and construction of 1,655 square feet of new impervious surface area. Vegetation to be removed is mainly invasive Himalayan blackberry, plus one ornamental tree. No native vegetation will be disturbed or removed. 12. Minor water quality and quantity impacts may result from additional stormwater generated by the new roof surface and parking area to be discharged to Puget Sound. The Site Specific Analysis and No- Net -Loss Mitigation Plan stated that no impacts will result from an increase in impervious surface area because roof water is considered "clean." Roof water, however, can contain trace amounts pf heavy metals from roofing and gutter materials, as well as some suspended solids and nutrients. Other anticipated project impacts, including ground disturbance and ambient noise, will be temporary, as is typical of single- family residential construction activity. 13. The Site Specific Analysis and No- Net -Loss Mitigation Plan did not address runoff from the new gravel parking area nor the minor reduction in evapotranspiration and filtration that will result from creating a new impervious surfaces. Between the road and the existing bulkhead lies a slope inclined at about a 43% gradient that features loose fill above glacial till and lacustrine deposits. Slope stability issues were evaluated by Aspect Consulting within a geotechnical report dated March 14, 2016. This report related that the underlying deposits "are relatively impermeable and not suitable for concentrated stormwater infiltration." 14. The City's policy is, of course, to encourage onsite infiltration of stormwater to the maximum extent feasible. To implement this policy the City's Development Engineer has recommended that the potential for some diversion of roof downspout flows from shore outfall release to onsite infiltration be evaluated and that the outfall design should include an energy dissipation pad to protect the beach substrate from erosion. Slope stability is now supplied by the existing downslope bulkhead but likely will be enhanced by proposed new lateral retaining walls. Some onsite infiltration could thus occur and such possibility should be explored, but any proposed infiltration facilities should be reviewed and approved by the project geotechnical engineer. 15. All proposed shoreline development, uses and activities must utilize the mitigation sequencing set forth at SMP Section 4.1.2.6, which function for the proposed project is described in the Site Specific Analysis and No- Net -Loss Mitigation Plan. In order to compensate for unavoidable project impacts, the applicant is proposing to enhance the shoreline buffer with invasive species removal, soil amendments and native vegetation plantings. As conditioned, this will include planting the entire area of shore buffer Zone 1 (2,400 square feet). If BMPs are implemented properly and proposed mitigation measures completed, short-term impacts will be reduced and shoreline ecological functions and processes will experience no net loss. 16. As detailed in the staff report and proposed conditions, when mitigation is required the applicant must provide a legal assurance that the mitigation area (all of Zone 1) will be maintained in perpetuity through notice on title, conservation easement or similar mechanism. And if not completed prior to final building permit inspection, a performance assurance or other security is required to guarantee that mitigation work will be installed as proposed. When mitigation is required, a periodic monitoring program also must be included as a component of the mitigation plan. The project's Site Specific Analysis and No- Net -Loss Mitigation Plan includes the mandated monitoring program, with annual monitoring reports to be performed over a 5 -year period. 17. At the public hearing Mr. Terp, the applicant, queried whether the mandatory language within the staff condition imposing development limits in perpetuity on the Zone 1 buffer area could be softened to allow for the possibility that future regulations might be less strict, in which case some additional development activity could be contemplated. While the history of development controls in Washington since the late 1950s has been one of constantly increasing severity of restriction, here at the dawning of the Age of Trump one has to at least acknowledge the possibility that this trend could some day be reversed. But, under any plausible circumstances, such removal of a recorded restriction would require the concurrence of the City. Language has been added to the buffer note that would allow future further buffer area development to be considered under a changed regulatory regime. 18. Pursuant to SMP 4.1.3, the subject property is subject to a 75 -foot shoreline buffer. Zone 1 of the buffer includes the first 30 feet upland from the OHWM and Zone 2 contains the 45 feet presumably remaining. But the approximate depth of the upland portion of the Terp property as measured from the bulkhead (OHWM) to the edge of right -of -way for Point White Drive NE is only 63 feet. The lot is 80 feet wide. The total buffer depth is thus less than the standard 75 feet, and the buffer area is approximately 5,040 square feet (80 x 63 = 5,040). The portion in Zone 1 is 2,400 square feet (80 x 30 = 2,400), with the remainder in Zone 2 comprising 2,640 square feet (80 x 33 = 2,640). 19. The proposed 1,200 square foot single - family residence is to be located wholly within Zone 2 of the shoreline buffer. The site - specific impact analysis was based on creating a "reduced" 5 -foot building setback. The mitigation planting scheme will accommodate reasonable access to the house. The permanent development impact within the shoreline buffer consists of the area of the house (1,200 square feet) plus the gravel driveway /parking area (455 square feet) in Zone 2, as well as the deck (240 square feet) in Zone 1 — resulting in a total site development area of 1,895 square feet. 20. Pursuant to SMP Section 4.1.3.7.1.c, tree or vegetation removal within a shoreline buffer associated with new construction may be allowed, but significant trees must be retained and the requirements of SMP Section 4.1.2, Environmental Impacts, are to be met, including its replanting provisions. No significant trees are proposed to be removed. 21. SMP Section 4.1.3.7.2.b states that when the required depth of a shoreline buffer for a single - family residential property is reduced, Zone 1 must be restored in accordance with provisions of Section 4.1.2.5. This means here that existing native vegetation must be retained and the entire remaining area of Zone 1 must be replanted to achieve a 65% native vegetation canopy coverage within 10 years. Further, new lawns are not permitted in Zone 1 (SMP Section 4.1.3.6.4.a). The 5 -foot building setback will be deleted. The applicant is also proposing to install a trail to the shoreline terminating in a new "notch" in the existing concrete bulkhead, subject to verification from a geotechnical engineer that any such alteration to the bulkhead will not compromise its structural integrity. 22. SMP Section 4.1.3.8.3 imposes maximum size thresholds on non - habitable structures appurtenant to a proposed single - family use within a shoreline buffer. The total square footage of all such buildings or structures proposed to be located in Zone 1 must not exceed 10 percent of the Zone 1 shoreline buffer area. The total area of Zone 1 of the Terp shoreline buffer is 2,400 square feet. The applicant is proposing to devote the entire Zone 1 structural allotment to a 240 square foot deck. 23. Mr. Terp has inquired as to whether additional space in Zone 1 could be dedicated to creating a small yard area. For the reasons generally outlined above, such is not likely a feasible option at this time. As noted, the entire Zone 1 permitted structural envelope has already been dedicated to the proposed deck. So no yard could be created without reducing the deck area by an equivalent amount. Plus no new grass plantings are allowed in Zone 1. Finally, installing a usable yard on the slope would entail additional new grading that as yet has neither been proposed by the applicant nor reviewed by the City. In other words, a new yard space cannot be approved at the hearing level without first remanding the application back to staff for needed revisions and further technical review. While Mr. Terp has survived the process to this point with both his patience and good humor admirably intact, undergoing the further delay and expense attendant to a remand in order to pursue a minor and perhaps unattainable alteration could prove to be a bridge too far. 24. The residence for the subject property is proposed to be located within a geologically hazardous area featuring a steep slope greater than 40 percent. Due to the limited building envelope available at the site, the proposed residence on the slope will require construction of two stories below and one story above the adjacent road grade. The proposed project will excavate the steep slope at the site for construction of the proposed residence. Shoring and retaining walls will be installed along the roadway as well as downslope from the roadway toward the shoreline along both sides of the proposed residence to accommodate its below -grade sections. The geotechnical reports submitted for the application indicate that the planned construction will not decrease the global stability of the site, will actually increase the stability of shallow fill soils beneath the right -of -way, and provide the required minimum factors of safety for a landslide occurrence. The results of the slope stability analysis indicate that the proposed project can be completed without negatively impacting either the site or the stability of nearby properties. 25. Current stormwater management on the site consists of a 6 -inch corrugated plastic pipe that exits a catch basin on the shoulder of Point White Drive NE, travels down the approximate middle of the property, and then outfalls over the existing concrete bulkhead wall to Rich Passage. The geotechnical report recommends that all contributory offsite and onsite stormwater be collected and conveyed to a suitable discharge location. Even if the existing discharge location is retained, the outfall will be need to be upgraded. Pursuant to SMP Section 4.1.6.6.3.a, the outfall must be a continuous heat welded high density polyethylene (HDPE) pipe constructed to keep the pipe stationary and off the bank, with an energy dissipation pad or water dissipater installed at the end of the pipe. 26. As a legal nonconforming lot significantly encumbered by shoreline and critical area buffers, the Terp parcel is mandated by SMP 4.2.1.7 to provide a building area not to exceed 2,500 square feet with maximum lot coverage of 1,200 square feet. By meeting this standard the necessity for a second shorelines variance is obviated. Residential development also must meet the dimensional standards of BIMC Title 18. 27. A shoreline variance is required because the SMP prohibits development on the face of a marine bluff. Since there are no upland areas on the property outside the marine bluff, a variance is needed to make any reasonable use of the property. The bluff is an existing condition that in no way was the result of the applicant's actions. Many properties in the vicinity are already developed with a single - family homes located on the marine bluff face similar to that proposed by the applicant. Thus the construction of a single- family residence and deck is consistent with other development in the area and does not constitute a grant of special privilege. The 1200 square foot building footprint approved hereunder is the minimum variance necessary to provide relief consistent with the neighborhood zoning and development pattern. 28. Except for two still vacant properties, nearby lots similarly situated are already developed with single - family residences. Future development on already built bluff lots would likely be minor and not require further shoreline variances. The proposal meets the intent of the underlying shoreline designation and provides sufficient mitigation, as conditioned, to avoid causing adverse impacts to the shoreline environment. After construction onsite slope stability should in fact be improved over the current condition. 29. The proposal is consistent with the underlying shoreline designation, Shoreline Residential Conservancy, which is intended to accommodate compatible residential uses while protecting, conserving and restoring shoreline ecological functions and processes. The public interest will suffer no substantial detrimental effect from issuance of the variance requested. C. Zoning Variance Review 30. The decisional criteria governing approval of a major zoning variance are stated at BIMC 2.16.120.E: 1. A major variance may be approved or approved with conditions if: a. The variance is consistent with all other provisions of this code, except those provisions that are subject to the variance, and is in accord with the comprehensive plan; b. The need for a variance has not arisen from previous actions taken or proposed by the applicant; c. The variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but that is denied to the property in question because of special circumstances on the property in question, and will not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity in which the property is located; d. The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located; and e. The variance is requested because of special circumstances related to the size, shape, topography, trees, groundcover, location or surroundings of the subject property, or factors necessary for the successful installation of a solar energy system such as a particular orientation of a building for the purposes of providing solar access. 2. If no reasonable conditions can be imposed that ensure the application meets the decision criteria of the BIMC then the application shall be denied. 31. An analysis of the proposal's consistency with applicable sections of the City's Comprehensive Plan demonstrates compliance therewith. The Plan's Overriding Goals and Principles include preserving a reasonable use of the land for all landowners, with the costs and benefits to property owners to be considered in making land use decisions. Land Use Element Goal OS 1.1 undertakes to protect critical areas via various strategies, including placing limits on the amount of lot coverage. As provided in Goal OS 4.2, the R -2 District is intended to recognize an existing development pattern of two units per acre. 32. While this variance seeks to exceed normal dimensional standards, the proposal will comply with all other use standards, including height limitations, and is consistent with the development pattern in the neighborhood. The small size of the buildable lot area imposes constraints similar to those affecting other nearby properties within the zone. The proposed single- family residence is consistent with the use and intensity of existing development in the neighborhood. 33. Pursuant to the BIMC 18.09.020 Permitted Use Table, single - family dwellings are a permitted use in the R -2 zoning district. Lot dimensional standards for residential zone districts are stated in Table 18.12.020 -2. The density in the R -2 zone is one unit per 20,000 square feet of lot area, which is also the minimum lot area. The code - defined lot area of the subject property is 3,920 square feet, less than one - quarter the minimum lot size of the zoning district. The lot qualifies as a nonconforming lot pursuant to BIMC Section 18.30.050. 34. The maximum lot coverage allowable for the property is 20 percent. Twenty percent lot coverage for the subject property provides 784 square feet (3,920 x .20) of developable area. The applicant is proposing a 1,200 square foot single - family residence and thus must obtain a variance to exceed the permitted lot coverage. 35. The required setbacks in R -2 zone are 25 feet for the front yard and a combined 15 feet for the two side yards, with a minimum of 5 feet to be provided on each side. The site plan submitted with the application indicates that the required minimum side yard setbacks will be met. The applicant is requesting a zoning variance to reduce the required minimum front yard to 17 feet from the Point White Drive NE pavement edge, which will be zero feet from the edge of the right -of -way. 36. The subject property is a small legal nonconforming lot located in the R -2 zoning district. Its nonconformity was not caused by any previous actions taken by the applicant. Many properties in the vicinity are developed with a single - family homes that similarly exceed lot coverage limits and encroach onto front yard setbacks. The applicant's variance request would allow site development consistent with other properties in the vicinity. Relief from zoning dimensional standards is necessary for the preservation and enjoyment of a substantial property right— single - family development— enjoyed by other properties in the same vicinity and zone. 37. In 2005 zoning variances were granted by the City from lot coverage and front yard setback requirements for two properties located nearby to the southwest in order to accommodate site development nearly identical to the instant proposal. The reduction in the front yard setback requested here would leave adequate space for parking and pedestrian use between the edge of the Point White Drive NE pavement and the house. Locating the house within the front yard setback also facilitates maintenance of an intact 30 -foot shoreline buffer on the opposite side. The variance will not be materially detrimental to the public welfare nor injurious to property or improvements in the vicinity. 38. The zoning variances are required because of the small size of the buildable lot area and its proximity to the shoreline. The unencumbered total lot area provides less than one - quarter of the minimum lot size specified for the underlying zoning designation. After such area is further reduced by zoning and shoreline dimensional standards, the remaining building envelope is insufficient to accommodate reasonable residential development without the variance relief requested. CONCLUSIONS 1. The Hearing Examiner has jurisdiction over this consolidated zoning and shoreline permit application proceeding. Applicable notice and SEPA requirements have been met. 2. The proposed residential use is consistent with the policies of RCW 90.58.020 and the City's Shorelines Master Program. As conditioned, the proposal meets the requirements of BIMC 2.16.165, Chapter 16.12 and WAC Chapter 173 -27 for issuance of a shoreline variance permit. It also complies with the standards stated at BIMC 2.16.120.E for issuance of a zoning variance. 3. The proposed use will not interfere with normal public use of the shorelines and will be compatible with other permitted uses in the areas. It will cause no long -term or significant adverse effects to the shoreline environment nor impose a detrimental effect on the public interest. The proposal is consistent with the City's zoning ordinance and Comprehensive Plan. DECISION The shoreline variance and zoning variance permit applications of Lauren and Jason Terp (file no. PLN13508 SVAR/VAR) are APPROVED, subject to the following conditions: 1. All work must be in substantial compliance with the proposed site plan submitted with the application (date- stamped January 10, 2017) and Site Specific Analysis and No- Net -Loss Mitigation Plan (dated April 19, 2016) except to comply with the conditions below. 2. Site development is limited to 1,200 square foot lot coverage and 2,500 square foot building area. 3. The total area of all non - habitable structures that may be located in Zone 1 of the shoreline buffer is limited to 240 square feet. 4. The engineering conditions of approval are as follows: a. To provide a 3 -foot shoulder along Point White Drive NE, parking stalls either perpendicular or parallel to the road shall be constructed so as to provide a minimum of 3 feet clear distance from the travel lane fog line to any stall edge, up to 6 feet where possible. b. If any above -, at- grade, and below ground structures and appurtenances (i.e. retaining wall tiebacks, etc.) extending beyond the property into adjacent private parcels are proposed, they shall require express permission in the form of a legal easement signed by the underlying owner(s) of the private land to be encroached upon. Any such easement shall be recorded with the County Auditor. C. Temporary tiebacks for a shoring wall along Point White Drive NE shall require a Right -of -Way permit. d. Retaining wall tiebacks in the City ROW shall require a license agreement. e. Rerouting of the storm drainage from under Point White Drive NE through the subject property to the shoreline shall require a Declaration of Covenant For Maintenance of Private Stormwater Facilities per Bainbridge Island Municipal Code (BIMC) 15.21 naming the City as grantee with the power to enforce maintenance of the system. f. Application for a construction permit shall include a Stormwater and Pollution Prevention Plan (SWPPP), otherwise known as an erosion control plan, to be prepared by a licensed civil engineer. g. The building foundation plan shall be prepared by having the geotechnical engineer and foundation designer coordinate and determine specific foundation types and locations, as recommended the by the third -party geotechnical reviewer. h. The application for a construction permit shall be reviewed and receive concurrence from the geotechnical engineer of record. The concurrence shall be supplied in the form of a plan review letter and a signed a stamped Step 2 Form: Construction in a Geologically Hazardous Area. i. Construction monitoring of geotechnical related tasks such as erosion control, excavation, soldier pile and tieback installation and testing, pin piles, footing subgrades, and drainage shall be required during the construction phase. j. An as -built certification letter and Step 3 Form: As -Built Certification signed and stamped by the geotechnical engineer shall be required prior to issuance of any certificate of occupancy (temporary or permanent). k. The site will be served by City sewer via a force main in Point White Drive NE. An on -site grinder pump shall be required to convey sewerage to the City system. The pump shall be owned and maintained by the City. Unless the City Engineer approves an alternative design, a 15 -foot wide easement based on the surveyed location of the grinder pump system shall be executed prior to completion of the project allowing the City to service the pump station. The standard grinder pump operated by the City is an EONE DH071. The applicant is responsible for providing engineering calculations for the grinder station design to verify the system's capability to discharge into the "common" force main without impacting upstream and downstream connections. 1. The project will add or replace more than 800 square feet of impervious surface. On -site Best Management Practices (BMPs), to the maximum extent feasible, shall be required consistent with BIMC 15.20. The potential for implementing partial or full disconnection of roof downspouts and directing stormwater to splash blocks to irrigate the 30' wide Zone 1 before being intercepted and discharged through a shoreline outfall shall be evaluated. Drainage directed first through vegetation reduces heavy metals from roofing and gutter materials, suspended solids, nutrients, and mimics pre- developed conditions such as evapotranspiration and filtration. Any concept for onsite infiltration shall be approved by the project's geotechnical engineer. M. The Shoreline Master Program, BIMC 16.12.030(C)(3)(d)(ii), relating to single - family residential parking design and location: Single - family parking shall assure that surface runoff will not pollute adjacent waters or cause soil or beach erosion. Water quality of the parking facility and stormwater runoff from the roadway shall be addressed. Options to enhance water quality from these surfaces may include paving around open - grated catch basins, adding underdrained permeable pavement, oil /grit separators or filter inserts into catch basins. 5. A building permit is required for the proposed work. Prior to building permit issuance, the applicant shall: a. Submit a drainage plan with sufficient detail to demonstrate the proposed new outfall meets the requirements of SMP Section 4.1.6.6. Geotechnical engineer concurrence is required to verify that the stormwater system will not result in potentially adverse impacts to the landslide hazardous area or the structural integrity of the existing bulkhead. b. Establish and record a permanent conservation covenant, in a form acceptable to the City Attorney, preventing future development within the mitigation area. This may be accomplished through a notice on title recorded with the Kitsap County Auditor. Provided that, the covenant or notice shall state that if in the future City codes are amended to allow new development to occur within the mitigation area, the lot owner shall not be precluded from requesting that such covenant or notice be amended to conform to the new regulations or from submitting development applications consistent therewith. c. Record an indemnification agreement for geologically hazardous areas in accordance with BIMC 16.20.150; and d. Establish and record a Notice to Title for Critical Areas in accordance with BIMC 16.20.190. d. Submit geotechnical verification that the proposed "notch" in the existing concrete bulkhead will not adversely affect its structural integrity. e e. Submit geotechnical verification that new shoreline stabilization and flood protection works will not be required for the life of the structure. 6. The mitigation plan included in the site specific impact assessment shall be revised as noted below and submitted to the City for review and approval prior to final building permit inspection: a. Plant the entire area of Zone 1 (2,400 square feet). Obtain 65% vegetation canopy coverage within 10 years. Canopy coverage is defined as "the crown area of native shrubs and trees as measured from plan view "; b. Any new vegetation planted in the shoreline buffer must be native species using a native plant- community approach of multi- storied, diverse plant species that are native to the Central Puget Lowland marine riparian zone; c. No new lawn area is permitted within Zone 1; and d. Delete the 5 -foot building setback. 7. New shoreline stabilization and flood protection works are prohibited for the life of the structure (75 years). 8. Prior to final building permit inspection, the applicant shall submit an estimate of costs to complete mitigation, maintenance and monitoring activities specified in the site specific impact assessment (as revised per Condition 6). If mitigation measures are not complete prior to final building permit inspection, the landowner shall submit to the City an assurance device conditioned on performance of required mitigation measures in an amount of 125 percent of the cost of completing the required mitigation, maintenance and monitoring. The performance assurance shall be refunded to the applicant upon completion of the mitigation measures. 9. Mitigation measures in accordance with the site specific impact assessment (as revised per Condition 6) shall be completed within 12 months of final building permit inspection. Should the applicant fail to implement mitigation measures within 12 months, the City will use the performance assurance to fund the required mitigation actions. If the City is required to implement the mitigation measures, Conditions 10 and 11 do not apply. 10. Upon completion of mitigation measures in accordance with the site specific impact assessment (as revised per Condition 6), the landowner shall submit a maintenance and monitoring assurance in an amount of 50 percent of the cost of five (5) years of maintenance and monitoring. The maintenance assurance shall be refunded to the applicant upon completion of the five year monitoring period minus any funds needed for the City to perform corrective actions or perform monitoring. 11. Monitoring reports documenting and evaluating the performance of the mitigation measures are required annually. Monitoring reports must demonstrate that minimum performance standards are being met and /or provide recommendations for contingency actions. These reports shall be received by the Department of Planning and Community Development no later than December 31 of each monitoring year. 12. All construction activities shall comply with noise limitations in residential zones per BIMC 16.16.020. 13. Any use, construction, placement, removal, alteration, or demolition of any structure, land, vegetation or property in a manner that violates the terms or conditions of this exemption shall be considered a violation of the Bainbridge Island Shoreline Master Program and be subject to the applicable violations, enforcement and penalties provisions of the Program. 14. Any new mitigation and landscape plantings shall avoid or minimize the need for chemical fertilizers, pesticides, herbicides, and fungicides that could contaminate surface or ground water or cause adverse effects of shoreline ecological functions and ecosystem -wide processes. 15. Application of fertilizer shall utilize BMPs outlined in the City's adopted Stormwater Management Manual and direct runoff of fertilizer chemicals into adjacent water bodies is prohibited. 16. Work shall immediately stop and the Washington State Office of Archaeology and Historic Preservation and the Department of Planning and Community Development shall be immediately notified if any historical or archaeological artifacts are uncovered during excavation or construction. Construction shall only continue thereafter in compliance with the applicable provisions of law. ORDERED January 30, 2017. k pity of namunuge 151anu A shoreline variance decision issued by the City's Hearing Examiner may be appealed to the Shorelines Hearings Board in the manner described at BIMC 2.16.165.1. (Please note: Washington Department of Ecology has final decisional authority for a shoreline variance application. Normal procedure is that within eight days of the City's decision on the application, the application packet will be forwarded to the Department of Ecology. The Department of Ecology is expected to approve, approve with conditions, or deny the application within 30 days.) The exhibit list prepared by the Clerk of the Hearing Examiner's Office is attached. Staff Contact: Christy Carr, Senior Planner EXHIBIT LIST TERP PLN13O58 SVAR /VAR Hearing Examiner: Stafford L. Smith Public Hearing: January 18, 2017 NO. DOCUMENT DESCRIPTION DATE 1 Application — Shoreline Development June 7, 2016 Dated 2 Application — Variance June 7, 2016 Dated June 7, 2016 3 Site Specific Analysis and No- Net -Loss Mitigation Plan dated April 19, 2016 Received 4 Geotechnical Report — Aspect Consulting dated March 14, 2016 June 7, 2016 Received 5 Site Plan Maps dated March 16, 2016 and April 6, 2016 January 10, 2017 Received 6 Zoning Variance Decision Criteria Narrative June 7, 2016 Received 7 Authorization for 3rd Party Review June 20, 2016 Dated 8 Affidavit of Publication June 24, 2016 Dated Geotechnical Engineering Evaluation — Aspect Consulting September 12, 2016 F1-0 Dated Notice to Proceed with Third Party Geotechnical Review October 21, 2016 Dated 11 Correspondence between City and amec foster wheeler November 3, 2016 Dated 12 Geotechnical Review — amec foster wheeler November 3, 2016 Dated 13 City of Bainbridge Island Development Engineer Memorandum November 20, 2016 Dated 14 Certificate of Posting Signs December 31, 2016 Dated 15 Certification of Distribution and Posting /Affidavit of Publication January 4, 2017 Staff Report — Revised January 18, 2017 Dated 16 January 18, 2017 Admitted 17 Applicant's Response to Staff Report January 18, 2017 Admitted _ 18 City Development Engineer Memo re Shoreline and Zoning Variances January 20, 2017 Dated 19 Applicant's Response to Staff Report (Revised) January 20, 2017 Received