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County Staff Recommends Approval for Silverdale Shoreline Project; Height Variance Still Needs Ecology Sign-off

Kitsap County Hearing Examiner · December 19, 2024
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Summary

Kitsap County staff recommended approval of a major revision and shoreline permits for a 4-story, 47-unit multifamily project by Daybreak Development LLC in Silverdale, with 39 conditions; the requested 10-foot height variance is subject to Department of Ecology review and agency concerns include potential contamination and archaeological resources.

Kitsap County’s Hearing Examiner heard a second matter Dec. 19, 2024: a multi-permit request from Daybreak Development LLC seeking a shoreline substantial development permit, a shoreline variance for height, and a major revision to a performance-based development for a project on Buckland Hill (files 23-01781, 23-01777, 22-04212).

Jeff Smith of the Department of Community Development summarized staff’s review. The site is about 1.33 acres on the north side of Dyes Inlet near Old Mill Park and Old Town Silverdale, in the Regional Centre zone and a shoreline-intensive designation. The project proposes a four-story building with 47 units, structured parking beneath the building, additional surface parking, and a reduction in some perimeter setbacks as part of the performance-based development revision.

Smith said mapping shows several critical areas on the property — seismic hazard (liquefaction), 100-year floodplain and shoreline erosion hazards — and that the site formerly hosted a cement batch plant with over 10 feet of fill. He noted 2013 testing identified no contaminants to date but acknowledged agency concerns; the Department of Ecology Toxic Cleanup Program flagged the possibility of contaminated soils because of historic fill, and the Department of Archaeology & Historic Preservation raised potential archaeological resources. Staff conditioned the project to include a discovery plan and requested Suquamish tribal presence during excavation if native soils are disturbed.

The applicant requests a 10-foot height increase above the Shoreline Master Program’s 35-foot limit (the underlying Regional Centre zone allows greater height and density). Smith said the applicant provided a no-net-loss ecological report, shading and massing studies, and reduced impervious features (for example, shrinking a trail to a 60-inch gravel width). Staff found the documentation adequate for shoreline review and recommended approval subject to 39 conditions. Smith also noted prior approvals and prior hearing-examiner decisions addressing related performance-based development modifications are in the record.

Applicant representative Mr. Baxter clarified technical points in response to questions: he said the plans no longer include retaining walls or rockeries the Department of Ecology had commented on, indicated the top story is stepped back to reduce shading toward the adjacent park, and described site hardships — in particular limited right-of-way requiring space for fire apparatus — that support the design and requested height.

No members of the public spoke on the project at the hearing. Examiner Ulbrich said he will review the record and issue a written decision within 10 business days; the height variance will require separate review and approval by the Washington State Department of Ecology.

What happens next: the hearing record will be examined and the Hearing Examiner will issue a written decision. If the variance is approved by the examiner, Department of Ecology review/approval is still required before the variance takes effect.