HEX Coonan SCUP18669 Decision 111915RECEIVED
BEFORE THE HEARING EXAMINER NOV 1 S 1015
FOR THE CITY OF BAINBRIDGE ISLAND
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION
SUMMARY
Applicant: Patrick Coonan
6001 Rose Loop
Bainbridge Island, WA 98110
Agent: Leann Ebe McDonald
Shoreline Solutions
9784 Lafayette Ave.
Bainbridge Island, WA 98110
File No: SCUP18669
Request: Shoreline Substantial Development/Conditional Use Permit (SDP/SCUP)
for residential dock; and for stairway from top of bluff to inshore end of
dock.
Location: South shore of Eagle Harbor at 6001 Rose Loop.
Tax Parcel: 352502-2-058-2001
Shoreline
Environment: Semi -rural and Aquatic (1996 Shoreline Master Program)
SEPA Compliance: Mitigated Determination of Non -Significance (MDNS) issued August 28,
2015. No Appeals.
Summary of
Proposal (1) Construction of a new single -use residential pier, boatlift, ramp, and
float. Structure is to be supported by 20 galvanized steel pilings.
Aluminum pier to be 4' x' 68' with additional 8' x 20' section adjacent to
boat lift. Ramp leading to float to be 3' x 40'; landing float to be 6'x 10';
mooring float to be 8' x 35'. Overall overwater length: 138'.
(2) Construction of stairway of 295 square feet with a 25 square -foot
boathouse at the base of bluff. Also 32 square foot retractable stairway to
beach.
Public Hearing: November 5, 2015
Decision: The Shoreline Conditional Use Permit is approved, subject to conditions.
FINDINGS OF FACT
1. Patrick Coonan proposes to construct and maintain a dock and an access stairway
down the bluff at his residential property at 6001 Rose Loop.
2. The location is on the south shore of Eagle Harbor on the opposite side of the bay
from the Winslow commercial area. The property is Tax Parcel # 352502-2-058-2001, a portion
of Gov't Lot 1, Sec 35, T25N, R2E, W.M. There is a public road end at the water on the
western boundary of the property.
3. The property is approximately 1.6 acre in size. The surrounding uses are single-
family residential. The upland is zoned residential (R-2). The local Shoreline Master Program
environment is semi -rural.
4. Eagle Harbor Bay has many stairways and docks spread along the shoreline frontage
with only a few lots remaining without a dock. The proposal is for a single -user dock.
5. The applicant owns tidelands that extend seaward about 140 feet in the location of the
proposed dock. The present intention is that the dock not extend beyond his property. By
design the floating portion will ground at low tide. The docks adjacent to the applicant's site are
longer than the dock he proposes.
6. The proposal is to build a pier, ramp and float configuration extending into the bay
about 138 feet from mean higher high water. The initial section of the pier will be 4 feet wide
and 68 feet long. Added to this will be an 8 foot by 20 foot pier section with the boatlift
alongside. The boatlift will have a 20,000 pound capacity. The pier and boatlift features will be
supported by galvanized steel pilings. From the end of the pier, a three-foot wide grated ramp
will extend forty feet to a 6 foot by 10 foot landing ramp. An 8 foot by 35 foot mooring float
will be attached at right angles to the landing ramp. The proposed dock is intended for moorage
of both power boats and sailboats.
7. The substrate on the tidelands is silt and rocks. No eelgrass was found. Grating has
been incorporated into the dock structure to minimize any impacts on aquatic life. Float stop
collars will prevent the float from grounding at low tides. Construction timing will be
coordinated with fish closure windows.
8. At the landward end of the pier, the applicant proposes a small storage shed about 25
square feet in footprint. Adjacent to this shed will be a 32 foot retractable stairway to the beach.
The elevated pier is intended to provide room for beach walkers to go under it at lower tides.
9. The inshore end of the pier is at a shore -side bluff, considered a geologically
hazardous area. The bluff top is roughly 40 feet above the beach. The proposal includes a
stairway encompassing approximately 295 square feet extending from the residential area at the
top down to the pier. The stairway will be held away from the bluff surface, supported by a
limited number of piles. The stair treads will be grated to avoid creating additional impervious
area. No trees will be removed on the slope. Geotechnical review indicates that the proposed
stairway will not adversely impact the stability of the slope.
10. The construction of the stairway will be performed by hand with minimal excavation
for piles and footings. The stairway is designed to blend into the existing vegetation on the
property and will be stained or painted with neutral colors.
11. An Environmental Checklist was submitted and the project was reviewed under the
State Environmental Policy Act (SEPA). A Mitigated Determination of Non -Significance
(MDNS) was issued on August 28, 2015. Sixteen conditions were included. These are reflected
as conditions of approval herein. There was no appeal of the MDNS.
12. Notice of the application was circulated and publicized as required by law. Two
public comments were received. One requested the use of vibratory pile driving equipment to
minimize noise during installation. A condition requiring this technique has been included. The
other expressed concern over the effect on public views from the nearest public road end and
asked that the dock be constructed a minimum of 50 feet from the road end right-of-way. The
proposed dock site is, in fact over 140 feet from the Rose Loop road end.
13. No adverse comments from City Departments or other governmental bodies were
received. The City Staff in recommending approval, added 18 additional project conditions to
those set forth in the MDNS. These, among other things, insure that appropriate reviews and
approvals are obtained by other agencies with jurisdiction.
14. For reasons set forth in the Staff Report, the City determined that vesting of the
application herein occurred under the 1996 Shoreline Master Program (SMP). The relevant
criteria for approval of a Shoreline Conditional Use Permit under BIMC 16.12.380 are as
follows:
(1) The proposed use will be consistent with the policies of RCW 90.58.020 or its
successor and the policies of the Shoreline Master Program.
(2) The proposed use will not interfere with the normal public use of the public
shorelines.
(3) The proposed use of the site and design of the project will be compatible with other
permitted uses with the area.
(4) The proposed use will cause no unreasonably adverse effects to the shoreline
environment designation in which is it located.
(5) The public interest suffers no substantial detrimental effect.
(6) The proposed use is consistent with the provisions of the Zone Ordinance (BIMC
Title 18) and the Comprehensive Plan (Ordinance 94-21).
15. On review, the Staff concluded that the project, as conditioned, complies with the
SMP. The Hearing Examiner concurs with the Staff analysis and adopts the same. The Staff
Report is by this reference incorporated herein as though fully set forth.
16. The proposal reviewed here is for a structure which does not extend beyond the
private tidelands owned by the applicant. At hearing it was made known that ownership of the
public tidelands further seaward has changed and that this might mean a change in the
applicant's ability to build a longer dock. Should the applicant wish to extend the dock over
public tidelands, he will have to make application and go through a process to modify the
permission given in these proceedings.
17. Any conclusion herein which may be deemed a finding is hereby adopted as such.
CONCLUSIONS OF LAW
1. The Hearing Examiner has jurisdiction over this proceeding.
2. The requirements of SEPA have been met. The conditions of the MDNS are set forth
below under the heading "SEPA Conditions."
3. The proposal is consistent with the policies of the Shoreline Management Act, Chapter
173-27 WAC, and the applicable local Shoreline Master Program (SMP).
4. The findings support a conclusion that the requested Shoreline Conditional Use Permit
is consistent with the Conditional Use criteria of the SMP. BIMC 16.12.380(a)
5. Any finding herein which may be deemed a conclusion is hereby adopted as such.
CONDITIONS
SEPA Conditions
1. To protect juvenile Chinook salmon residing in nearshore areas, work waterward of
the ordinary high water line shall not be permitted from March 1 through July 14.
2. All overwater/in-water construction shall comply with the following fish work
windows:
Species
Work can ber,in.
Work must i
Salmon
June 15
March 14
Bull Trout
July 16
February 15
Sand Lance
March 2
October 14
Pacific Herring
May 1
January 14
Surf smelt*
April 1
August 31
*Eagle Harbor has a work window restriction of "year round." The Corps will establish
work window that will restrict work from occurring during surf smelt spawning time.
3. Extreme care shall be taken to prevent petroleum products, chemicals or other toxic or
deleterious materials from entering the water and degrading water quality. If a spill does occur,
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or if oil sheen or any distressed or dying fish are observed in the project vicinity, work shall
cease immediately and Washington Department of Ecology shall be notified of such conditions.
Contact: Northwest Regional Spill Response Section at (206) 649-7000.
4. To avoid degradation of existing water quality, no over -water application of paint,
preservative treatment, or other chemical compounds shall be permitted at any time.
5. Piles shall not be treated or coated with biocides such as paint or pentachlorophenol.
6. Floatation for the structure shall be fully enclosed and contained to prevent the
breakup or loss of the floatation material into the water.
7. The float stop collars shall be installed to keep the floats a minimum of one foot above
the tidelands.
8. All treated wood lumber to be used for the project shall meet or exceed the standards
established in "Best Management Practices for the Use of Treated Wood in Aquatic
Environments" developed by the Western Wood Preservers Institute, revised July 1996. All
ACZA (e.g. Chemonite) treated wood pilings and lumber shall be treated by the manufacturer
per the Post Treatment Procedures outlined in `BMP Amendment #1 — Amendment to Best
Management Practices for the Use of Treated Wood in Aquatic Environments: USA Version -
Revised July 1996", by the Western Wood Preservers Institute or current revision.
9. Prior to construction, the applicant shall provide the City with evidence that all the
treated wood lumber to be used in the dock construction was properly treated in accordance with
condition #8 above.
10. In mitigation for adverse environmental impact to existing fish and wildlife habitat
and water quality from the construction of the dock, all foreign material, including any old
creosote piles, concrete debris, or other foreign material shall be removed from the subject
shoreline and tidelands. All foreign material removed from the site shall be permanently
disposed of in an upland location so as not to be re -introduced in waters of the state.
11. The location of the dock and shoreline access stairway shall be west of the
significant Alder tree that provides significant near shore shading and habitat. The location shall
be far enough away to ensure the tree will not be deemed a hazard to the constructed dock or
stairway.
12. No trees or large native shrubbery removal shall be allowed for the installation of the
stairway or dock. While minor trimming and limbing may occur, the pruning must not reduce
the habitat value of the trees or reduce any of the shading of the near shore habitat.
13. All existing vegetation on the bank must be maintained except minor pruning and
removal may occur for the construction of the footings/piles to support the stairway.
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14. All decking and treads on the stairway shall be constructed of grated material that
allows light and water penetration, except for the location of the boat equipment storage shed.
15. The staircase feature and all attendant features shall not be colored or painted other
than with neutral flat greens, browns or tans, so as to blend into the native bluff soils and
vegetation and be non -reflective. The intent is to obscure the features from surrounding view.
16. Work shall immediately stop and the Department of Planning and Community
Development and the Washington State Office of Archaeology and Historic Preservation 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.
Project Conditions
17. If the applicant continues to want a dock solely on his own property, he shall, prior
to construction, submit to the City a survey of the property tidelands. The survey shall show the
location of the dock in relationship to the applicant's property line and public tideland
ownership. However, if the applicant desires to extend the dock over public tidelands, he must
apply for a permit modification to allow this. If permission to extend the dock is granted, the
requirement for a survey will be eliminated.
18. Lighting shall be limited to the minimum necessary for safety or as required by the
Coast Guard.
19. No overhead wiring or plumbing shall be allowed on the pier.
20. Only non -reflective materials shall be used in construction of the pier.
21. The pier is to be constructed a minimum of one foot above extreme high water.
22. As proposed in the application, the vibratory method of pile installation shall be used
for all dock piles, unless proven infeasible. If deemed infeasible, documentation proving the
infeasibility shall be submitted. In that case, an alternative method shall be identified and
approved by the City prior to pile installation.
23. The boat equipment storage shall not exceed a height 12 feet from average grade.
24. A building permit shall be obtained from the Department of Planning and
Community Development prior to commencing construction.
25. An indemnification/hold-harmless agreement for the staircase on the shoreline bluff
shall be duly executed in a form approved by the City Attorney, pursuant to BIMC
16.20.09(C)(2)(g).
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26. Floatation for the structure shall be fully enclosed within hard shell float tubs to
prevent the breakup or loss of the floatation material into the water.
27. Work shall be completed in substantial conformance with the site plan, stair, and
dock detail received July 23, 2015, except as modified by these conditions or by subsequent
permit modification proceedings.
28. Activities to be undertaken as part of this permit may require approvals or permits
from the Washington Department of Fish and Wildlife, the U.S Army Corps of Engineers, and
the Washington Department of Natural Resources. If the dock is to extend over public
tidelands, the permission of the public owner shall be demonstrated. Evidence of all required
approvals or permission shall be submitted to the City prior to the commencement of any
construction activities.
29. All Hydraulic Project Approval conditions and any Army Corp of Engineers Permit
conditions shall become conditions of approval.
30. A copy of all public agency approvals and approved drawings shall be given to all
contractors performing work at the site prior to beginning any construction work.
31. The applicant shall notify the City in writing that work is to begin at least 48 hours
before the work commences. The notification shall advise of the duration of the work period.
32. In accordance with WAC 332-30-144, "Recreational Docks," the applicant is
authorized to have and maintain a recreational dock in front of his upland property subject to the
following conditions:
a. Applicant is the abutting residential owner of a family dwelling.
b. The dock is for moorage of up to four pleasure craft only.
c. No commercial uses are authorized.
d. No residential use (live-aboards) is allowed on boats moored at the dock.
e. No covered moorage and/or houseboats are allowed.
33. Construction pursuant to this permit shall not begin and is not authorized until 21
days from the date of filing with the Department of Ecology as defined in RCW 90.58.140(6)
and WAC 173-27-130, or until all review proceedings initiated within 21 days from the date of
filing have been terminated, except as provided in RCW 90.58.140(5)(a) and (b).
34. The authorization granted by this SSDP/SCUP to construct the proposed stairway
and dock shall expire within two years unless substantial progress towards completion is
accomplished. Authorization for the proposed structures shall terminate five years after the date
the of final permit approval, unless an extension is granted in accordance with BIMC
16.12.370(D)(2)(d).
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DECISION
The requested SSDP/SCUP for a dock under File No: SCUP 18669 is granted, subject to
the conditions set forth above.
SO ORDERED, this 19t` day of November, 2015.
/s/ Wick M ford
Wick Dufford, Hearing Examiner Pro Tempore
APPEAL
The Hearing Examiner's decision may be appealed to the Washington State Shoreline
Hearings Board, in accordance with the provisions of BIMC 16.32.380(C)(7).
(Please note: the Washington State Department of Ecology has final decision authority
for a Shoreline Conditional Use application. Within eight days of the City's (Hearing
Examiner's) decision on the application, the application packet is forward to the Department of
Ecology. The Department of Ecology shall approve, approve with conditions or deny the
application within 30 days.)