ORD 93-46 HIDDEN COVE ESTATES PRELIMINARY PLATLl e r<�tn.
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ORDINANCE NO. 93-46e � _ "2 200 -z 0.
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AN ORDINANCE of the City of Bainbridge Island, Washington,
approving the preliminary plat and planned unit development of
Hidden Cove Estates, consisting of 72 single family lots on
approximately 189 acres of real property located south of Hidden
Cove Road N.E. , west of Phelps Road N.E. , and east of State
Route 305, upon application by North Washington Associates
Limited Partnership (File No. KPUD 06-29-90-1).
WHEREAS, North Washington Associates Limited Partnership submitted applications
for approval of a preliminary plat and planned unit development (PUD) for 189 acres of real
property located south of Hidden Cove Road N. E., west of Phelps N. E., and east of State Route
305; and
WHEREAS, on November 1, 1991, the City's SEPA official issued a final environmental
impact statement for the project; and
WHEREAS, on March 15 and 16 and April 16, 1993, the Hearing Examiner Pro Tem
conducted a public hearing on the applications; and
WHEREAS, on June 21, 1993, the Hearing Examiner Pro Tem recommended conditional
approval of the preliminary plat and the PUD; and
WHEREAS, on August 31, 1993, the Hearing Examiner Pro Tem granted a motion by
North Washington Associates Limited Partnership for reconsideration and amended one finding
of fact and three conditions of the recommendation; and
WHEREAS, by order entered on November 18, 1993, the City Council denied appeals
from the adequacy of the final environmental impact statement for the project; and
WHEREAS, on September 13, October 21, November 4 and November 18, 1993, the
City Council considered the recommendation of the Hearing Examiner Pro Tem and determined
that it is in the public interest to adopt the Hearing Examiner's recommendation and conditions
of approval with certain amendments described below; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. The City Council adopts the "Findings of Fact, Conclusions of Law, and
Recommendation" entered by the Hearing Examiner Pro Tem on June 21, 1993, in the matter
of an "Application for Hidden Cove Estates Division/PUD by North Washington Associates
Limited Partnership," Application No. KPUD06-29-90-1 ("Recommendation"), as amended by
the "Decision on Motion for Reconsideration" entered by the Hearing Examiner Pro Tem on
August 31, 1993 ("Reconsideration"), attached hereto respectively as Exhibit A and Exhibit B,
except as follows:
1. Condition No. 1 of the Recommendation is amended as follows:
Delete Lot 17 from its location shown on Exhibit 111. Lot 17 may be
incorporated in the cluster of lots comprising Lots 15, 16, 18, 19, and 20,
approximately as shown on the site plan dated 9-27-93, presented by the applicant
at the November 4, Council meeting, subject to the same limitation of meeting
all site requirements contained in these conditions of approval. Relocation of Lot
17 consistent with this condition shall be subject to review and approval by the
Departments of Planning and Community Development and Public Works. If the
conditions cannot be met, Lot 17 shall be deleted. Relocate Lots 21, 25 and 26
by reconfiguring Lots 21-25 and by shifting Lots 26-29 twenty feet (20')
northwest along Road C so that the western edge of the buffer on Lot 26 is at
least one hundred feet (100') from the centerline of the stream bed.
2. Condition No. 4 of the Recommendation is amended as follows:
All clearing and grading at the project site shall be performed in the
months of April through September 30th, to reduce the potential for erosion and
to minimize any potential adverse impacts that clearing and grading may have on
the hydrology and sedimentation of the wetlands and perennial stream located on
the property. Extensions of this clearing and grading work period may be granted
by the City Engineer on a case-by-case basis if, in his judgment, the extension of
the clearing or grading activity should be completed beyond the September 30th
deadline to conform with good engineering practices. The City Engineer must
consider the protection of the environmentally sensitive areas located within the
site a priority criterion for the granting or denial of any extension beyond the
recommended time period.
3. Condition No. 10 of the Reconsideration is amended as follows:
No clearing or grading shall encroach upon or intrude into the wetland,
stream or perimeter buffer area, except where Road D crosses the stream at the
southwestern edge of the property or where a pedestrian recreational trail, if hand
cleared, may cross a wetland or buffer area.
4. Condition No. 14 of the Recommendation is amended as follows:
The Washington State Department of Ecology has issued a Water Rights
Permit under Permit No. G1 -25955P for the well which the Applicant has
proposed as a water supply source for this development. The water distribution
system for this project development must be constructed by the Applicant,
approved by the State Department of Health and the Kitsap County Health
District, and accepted by the City or its designee, prior to any final plat approval.
The proposed Hidden Cove Estates well is located on Lot 2 of the Phelps Park
it
short plat, which is property owned by the Applicant immediately south of the
Hidden Cove Estates project site. All necessary easements onto Applicant's
Phelps Park property must be granted to the City or its designee for the
maintenance and repair of the Hidden Cove Estates well and water system, prior
to final plat approval.
5. Condition No. 16 of the Reconsideration is replaced in its entirety by the
following:
a. There shall be a monitoring program to verify that the project has
not adversely changed the water quality or quantity of the stream and the central
wetlands on the project site and Hidden Cove.
b. The monitoring program shall be prepared by a qualified
consultant, not previously associated with this project, hired by the City and paid
for by the Applicant through a three -party contract. The monitoring program
shall include the following elements and any other elements deemed appropriate
and relevant by the City's Consultant:
(1) . Criteria for the type and frequency of
monitoring tests (testing shall take place during both the wet and
dry seasons of the year, and water quantity measurements shall be
taken at the stormwater detention facilities when those facilities are
in place);
(2). Recommendations for the frequency of
reporting test results;
(3). Criteria for determining an "adverse change
in water quality" or an "adverse change in water quantity";
(4). Methods for establishing baseline studies of
the water quality and quantity of the stream and central wetlands
(in both wet and dry seasons), and, the water quality of that
portion of Hidden Cove adjacent to the mouth of the stream and at
the head of Hidden Cove;
(5). Criteria for and location of monitoring sites
shall include, among others: the point where drainage exits the site
on the north, the point where the stream enters the site from the
east, steep slopes (including steep slopes in the central wetlands)
and, if determined to be appropriate by the City's Consultant after
consultation with the City Council Land Use and Economic Issues
Committee, Hidden Cove at the mouth of the stream and at the
head of Hidden Cove;
(6). The period of time during which the
monitoring program should remain in place; and
(7). The amount of a performance bond for
successful completion of the monitoring program.
C. Before the City's Consultant delivers a monitoring program to the
City Engineer, the Applicant, the City Council Land Use and Economic Issues
Committee, and interested members of the community may provide information
to the City's Consultant regarding appropriate elements of the monitoring
program. The City's Consultant shall submit the monitoring program to the City
Engineer, the Applicant, to the City Council Land Use and Economic Issues
Committee, and the Department of Fisheries, Habitat Division, for input and
review. The City Engineer shall adopt the monitoring program and proposed cost
of services after consultation with the applicant.
d. The monitoring program shall be approved by the City Engineer,
and the baseline studies shall be completed by the Applicant, before any work is
performed on the project site. The monitoring program shall remain in place and
be carried out during baseline studies, construction of the infrastructure and
installation of the utilities, construction of the houses and an additional period of
time determined by the City Engineer based on recommendations of the City's
Consultant.
e. The Applicant shall be responsible for carrying out the monitoring
program until houses have been constructed on 70 % of the lots within the project,
or five (5) years, whichever is longer . Thereafter, the homeowners' association
shall be responsible for carrying out the monitoring program.
f. The test results shall be submitted to the City's Consultant and the
City Engineer for their comment at intervals required by the monitoring program;
copies of the test results shall be submitted to the City Council Land Use and
Economic Issues Committee or its successor for information only. If at any time
during the monitoring program (1) the test results show adverse changes in the
water quantity or quality of the stream and central wetlands, or (2) if the City's
Consultant has recommended monitoring of Hidden Cove, and the test results
show adverse changes in the water quality of Hidden Cove and such changes, in
the opinion of the City's Consultant, are reasonably attributable to the project,
then the City's Consultant shall recommend the actions necessary to identify and
correct the cause of the problems or deficiencies so that the water quality or
quantity is returned to pre -development standards. The Applicant shall respond
to the recommendation by submitting to the City's Consultant and the City
Engineer, at a time selected by the City's Consultant or the City Engineer, a plan
for correction of the problems. The City's Consultant and the City Engineer
must approve the plan before it is carried out by the Applicant. The Applicant
shall submit to the City's Consultant and City Engineer such progress reports as
are required by the City's Consultant or the City Engineer, and a final report
immediately following completion of the plan.
g. If the Applicant fails to conduct the monitoring program or fails to
correct any problems or deficiencies as revealed by the tests, the City shall have
the right and the duty to require compliance. If compliance is not undertaken or
completed within the time specified by the City's Consultant and the City
Engineer, the City may perform the monitoring or corrective measures and charge
the costs of such monitoring or corrective measures to the Applicant or its
successors -in -interest.
h. When the monitoring program is approved by the City Engineer,
the Applicant shall submit to the City Engineer a performance bond executed by
the Applicant and a surety company acceptable to the City Engineer, in a form
acceptable to the City Engineer and in an amount recommended by the City's
Consultant. This monitoring performance bond shall be conditioned upon
successful performance of the monitoring program. If the Applicant must correct
problems and deficiencies revealed by the tests, the Applicant shall in conjunction
with the correction plan submit to the City Engineer a performance bond executed
by the Applicant and a surety company acceptable to the City Engineer, in a form
acceptable to the City Engineer and in an amount recommended by the City's
Consultant. This correction performance bond shall be conditioned upon
successful completion of the corrective measures.
L The requirements of this condition shall also apply to Applicant's
successors -in -interest.
6. Condition 17(d) of the Recommendation is amended as follows:
d. The CCRs must include a provision which states that, if the
homeowners' association fails to monitor and correct any adverse impacts or
failures of the individual septic systems or stormwater drainage or water quality
enhancement systems on the quality or quantity of water in the salmon stream
channel or wetlands on the property, then the City may monitor and correct any
deficiencies which occur and charge the costs back to the homeowners'
association, as well as reasonable attorneys' fees. The homeowners' association
shall assess those charges as liens upon the individual residential lots whose
owners are members of the homeowners' association.
7. Condition 17(f) of the Recommendation is amended as follows:
f. The CCRs shall contain a statement about possible impacts on
water quality by the use of fertilizers, pesticides and hazardous household
materials, a further statement that the use of such substances is discouraged and
a further statement that the use of fertilizers on lawns is prohibited. Each lot
owner shall receive, as a part of the homeowners' association CCRs, a copy of
the "Hazardous Waste Pledge" and a copy of "Safe Alternatives to Common
Household Products," which are attached hereto as Exhibits B and C,
respectively. The OCRs shall contain a provision that the homeowners'
association will have a responsibility for educating homeowners about these
concerns.
8. Condition 18(g) of the Recommendation is amended as follows:
g. Upon completion of the stormwater management and drainage
facilities, the developer will be required to post a five-year maintenance bond for
the facilities. The developer will be responsible for providing regular and
adequate maintenance during this five-year period, as well as keeping adequate
supportive maintenance records. During this five-year period, the City will have
the right to inspect the maintenance records for the facility and require any
corrective maintenance that has been neglected by the developer. At the end of
this time period, the City will inspect the system. If the system is performing as
designed, the performance bond will be released and the developer shall then
dedicate an easement to the City which will allow maintenance of the stormwater
management and drainage facilities. The stormwater management and drainage
facilities will remain in the ownership of the homeowners' association, whose
members will be required to pay a fee to the City for the maintenance of the
storm drainage system, once the City has accepted the system from the developer
and the bond has been released. The ownership of the stormwater management
and drainage facilities by the homeowners' association and the homeowners'
association's obligation to maintain the facilities through payment of fees to the
City shall be included in the provisions set forth in the CCRs which are made a
art of final plat approval. In addition to the stormwater management and drainage
maintenance system charge, each member of the homeowners' association shall
be required to pay, on a per lot basis, a fee for annual inspection of the
stormwater management and drainage systems by the City. This fee requirement
shall also be included in the CCRs.
9. Condition 23 of the Reconsideration is amended as follows:
Except where necessary for the construction of driveways and utilities, the
removal of deciduous trees greater than eight inches (8") and evergreen trees
greater than six inches in caliper measured at a distance four feet (4') from
ground level shall be prohibited on all lots within this development in any portion
of the lot area which lies within thirty feet (30') of a roadway. Tree preservation
easements for lots in this development have been depicted on the Applicant's site
plan dated February 19, 1993 (Exhibit 111). Minor modifications to the
easements as depicted on that site plan may be considered and approved by the
Department of Community Development so long as the environmental and
aesthetic purpose of the proposed easements is not diminished. These tree
preservation easements will measure thirty feet (30') in width. This prohibition
on tree removal shall not apply to the removal of dangerous, diseased, dying or
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dead trees, or where there is a concern for public safety. A 30 -foot (30') tree
preservation easement shall be designated for each lot on the final plat, and the
terms and conditions of the easement shall be specified in the Homeowners
Association's CCRs. There shall be no structures or impervious surfaces built
or encroaching on any tree preservation easement area. Any tree removed from
the tree preservation easement shall be replaced with a tree, of at least four feet
(4') in height, of a species native to this area. Any tree preservation easement
shown on the final plat which is adjacent to a roadway shall be delineated in the
lot area beyond any area of clearing or grading needed for construction of roads,
pedestrian access, storm drainage or utilities service for the lot.
10. Condition 26 of the Recommendation is amended as follows:
Prior to final plat approval, the Applicant shall construct a four -foot wide
pedestrian/bicycle lane and an adjacent two -foot wide shoulder along the west side
of Phelps Road from Hidden Cove Road to Day Road. Between the two access
points serving the plat, this pedestrian/bicycle lane shall be widened to a two-
way, six-foot width with two -foot shoulder. The pedestrian/bicycle lane and
shoulder shall be separated from the roadway by rumble bars installed on six-foot
centers along the entire length of the lane improvement, and shall be designed
according to standards specified by the City Engineer.
11. Condition 30 of the Recommendation is amended as follows:
There are four limited access roads which provide access on the
Applicant's site plan dated 2/19/93 (Exhibit 111) to Lots 15 through 20, Lots 21
through 25, Lots 47 through 52, and Lots 53 through 58. All roads in the
development shall be constructed to meet or exceed the construction standards of
the City and be acceptable for dedication to the City as public roads upon
completion.
12. Condition 38 of the Recommendation is amended as follows:
The Applicant's site plan dated 2/19/93 (Exhibit 111) contains a roadway
access for Lots 21 through 25. That roadway access shall be moved and
redesigned to be located between Lots 21 and 22 on the site plan.
13. Condition 40 of the Recommendation is amended as follows:
Prior to final plat approval, the Applicant must dedicate to the City of or
its designee, the parcel of land identified as Tract C on the preliminary plat/PUD
site plan submitted by the Applicant as Exhibit 111. This parcel contains
approximately 7.75 acres and is located in the northeastern portion of the project
site. In addition, the Applicant must dedicate, prior to final plat approval, a 15 -
foot easement to the City of Bainbridge Island, or its designee, for public
pedestrian use of all of the recreation trails to be built by the Applicant in the
open space set aside for this project site. Easements for the trail system use and
maintenance and the dedication of park property shall be shown on the face of the
final plat and recorded with the final plat.
14. Condition 41 of the Recommendation is amended as follows:
Prior to the submission of a road and utilities plan for approval by the
City Engineer, the applicant shall submit a detailed plan for the development of
public trails and other recreation facilities to be constructed in the common open
space tracts, including the small neighborhood park identified as Tract B in the
2/19/93 preliminary plat/PUD site plan. The trails plan shall be submitted to the
Department of Planning and Community Development and the Bainbridge Island
Park and Recreation District for their comment and approval. The Applicant
shall consider the trails system recommended by Randall Arendt, consultant for
the City, in drafting its proposed plan for the Hidden Cove Estates open space
trails. The Applicant shall also include in the detailed trails plan a 15 foot
easement for public pedestrian use which connects the Tract B playground park
to the State-owned property along SR 305 lying adjacent to the project site. This
easement shall connect with other trails to be built in the open space of the
Hidden Cove Estates project. The Applicant shall complete all improvements
described in this approved trails and recreational facilities plan prior to final plat
approval.
15. Condition 43 of the Recommendation is amended as follows:
All buildings constructed as a part of this planned unit development shall
be built at a height no greater than 30 feet in accordance with the Zoning Code.
16. Condition 44 of the Recommendation is amended as follows:
The development standards for a planned unit development are described
in Kitsap County Subdivision Ordinance No. 20. On any lot where a tree
preservation or no -disturbance easement has been delineated, the building setback
shall be 10 feet from the easement, making the total setback measurement from
the lot line equal to 40 feet. The Director of Planning and Community
Development may authorize a reduction in building setbacks where the owner can
demonstrate that such reduction would be appropriate to minimize filling, grading
or alterations of natural features on the lot.
17. Condition 48 of the Recommendation is amended as follows:
The homeowners' association documents shall include the following
language, clearly written and conspicuously placed to ensure a potential
homeowner will be aware of the requirement: "The lawn area of each lot may
not exceed twenty-five percent. " As a part of the homeowners' association
documents submitted prior to final plat approval, the Applicant shall include a
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listing of possible native vegetation recommended for use by property owners.
18. Condition 49 of the Recommendation is amended as follows:
Existing native vegetation shall be retained to the maximum extent possible
at this project site, except for areas to be cleared for the construction of new
buildings, as shown on the site plan. The areas designated as open space and the
natural buffer areas shall have the following words depicted on the final site plan:
"Native Vegetation To Remain To The Maximum Extent Possible." Exceptions
can be made for the construction of roadways and recreational trails, as
previously discussed in Condition 10.
19. Condition 52 of the Recommendation is amended as follows:
Prior to final plat approval, a homeowners' association shall be established
for this planned unit development. Articles of Incorporation and Protective
Covenants, conditions, Restrictions and Reservations (CCRs) shall be approved
by the City Attorney. These CCRs will contain all provisions required by these
Conditions and any other provisions deemed necessary by the City Attorney to
accomplish the purposes and goals described by the Conditions attached to the
approval of this planned unit development. The City Attorney shall review the
homeowners' association documents to make sure that the provisions contained
therein will require (1) that perpetual maintenance of all facilities by the
homeowners' association of facilities owned by the association, (2) that provisions
are included to maintain and protect the open space set aside as a part of this
planned unit development, (3) that the homeowners' association is responsible for
monitoring the impact of individual septic systems, and financially responsible for
City monitoring of stormwater drainage systems or water quality enhancement
systems on the quality or quantity of water in the salmon stream channel,
wetlands on the property and Hidden Cove, (4) that future homeowners in this
planned unit development are aware of all conditions of approval of this
subdivision/PUD and their duties thereunder, and (5) that the CCRs contain
provision for the City to ensure that the individual homeowners and the
homeowners' association carry out their responsibilities set forth in the conditions
of approval and a method for the City to take corrective action should those
duties not be performed and charge the costs of enforcement, as well as
reasonable attorneys' fees, back to the homeowners' association. The approved
Articles of Incorporation of the Hidden Cove Estates Homeowners' Association
shall be filed, and the approved Protective Covenants, Conditions, Restrictions
and Reservations (CCRs) shall be recorded, prior to final plat approval.
Section 2. The City Council approves the preliminary plat and planned unit development
of Hidden Cove Estates, consisting of 72 single family lots on approximately 189 acres of land
located south of Hidden Cove Road N.E., west of Phelps Road N.E., and east of State Route
305, which land is more particularly described on Exhibit C attached hereto; provided, that such
approval is subject to the 57 conditions in the Recommendation, as amended by the
Reconsideration, all as adopted and amended in Section 1. Approval further is subject to full
compliance by the owners or owners, or developers, and their heirs, assigns, grantees and
successors in interest, with the conditions of approval as set forth in this Ordinance.
Section 3. The final plat and final planned unit development plan of Hidden Cove Estates
shall state on their faces that they are subject to the conditions of approval as set forth in this
Ordinance.
Section 4. This Ordinance shall be effective five (5) days from and after its passage,
approval and publication as required by law.
PASSED by the City Council this 18th day of November , 1993.
APPROVED by the Mayor this 18th day of November , 1993.
1
Sam Granato, Mayor
ATTEST/AUTHENTICATE:
, J" " - , p " (�'� -
usan P. Kasper, City Clerk
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK: November 18, 1993
PASSED BY THE CITY COUNCIL: November 18, 1993
PUBLISHED: November 24, 1993
EFFECTIVE DATE: November 29, 1993
ORDINANCE NO.: 93-46
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the same a 'i ' ... , of ry act and deed for the uses and purposes herein mentioned.
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RECORD OF THE HEARING
Public hearings on the preliminary plat and PUD application
for the Hidden Cove Estates project were conducted by Hearing
Examiner Pro Tem Robin Thomas Baker on March 15 and 16, 1993, and
on April 13, 1993. Those hearings were held in the library of
Bainbridge High School and in a meeting room at Bethany Lutheran
Church on Bainbridge Island. The Applicant was represented by
Thomas Dao; its attorney, Glenn Amster; and the engineering firm
of Triad Associates. The hearing was well attended by members of
the public, many of whom gave testimony and provided exhibits for
the record. Approximately 15 hours of testimony was taken during
the three evenings of hearings on the preliminary plat/PUD
application. The City of Bainbridge Island was represented at
the hearing by Jane Allan, Associate Planner with the City
Department of Planning and Community Development. The recording
of the hearings was monitored by Donna Duncan. The following
exhibits were received by the Hearing Examiner an(k,have been made
a part of the record for this public hearing on the preliminary
plat/PUD application:
No.
Description
Date
1. Kitsap County
Preliminary Plat/PUD
06/14/90
Application
2. Original site
plan (94
lots)
06/19/90
3. Title insurance policy
issued to Triad
06/20/90
Associates by
Security
Union Title Ins. Co.
4. SEPA Environmental Checklist for Preliminary 06/28/90
Plat and PUD of Hidden Cove Estates (94
lots)
5. Soils Review For On -Site Disposal System 06/28/90
Feasibility for Hidden Cove Estates,
prepared by D.R. Strong Consulting
Engineers, Inc.
6. Letter from Gerald Buck, V.P. of Triad 06/28/90
Assoc., to Jerry Harless, Kitsap County
Dept. of Community Development, submitting
application for preliminary plat/PUD and
supporting documentation
7. Letter from Robert B. Rodal of North 07/03/90
Bainbridge Water Co. to Jerry Buck of Triad
Assoc., setting out conditions under which
they will provide water to the project
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 2
8. Letter from Malaina Bowker of The Ferris 07/17/90
Company to Robert Waller, Winslow Planning
Administrator, requesting a copy of SEPA
Checklist prepared for B.I. Annexation
Proposal
9. Preliminary Storm Drainage Analysis For 08/02/90
Hidden Cove Estates PU/Plat, prepared by
Rristy McEvoy of Triad Assoc., (originally
dated 6/26/90, revised 8/2/90)
10. Comment letter from Noel Ann and Richard F. 08/04/90
Krutch to Winslow Land Use Dept., re
environmental and traffic impact concerns
11. Letter from Jerry Springer, Superintendent, 10/25/90
Ritsap County PUD No. 1, to Andrew Ring of
Triad Assoc., setting out conditions under"-,,
which they will assume operational
responsibility and ownership of proposed
water system
12. Preliminary Plat Application Soils Review 10/30/90
For on -Site Sewage Disposal System
Feasibility, prepared by D.R. Strong
Consulting Engineers
12.A. Soil Log Map
13. Preliminary Storm Drainage Analysis For The 11/05/90
Preliminary Plat of Hidden Cove Estates,
prepared by Rristy McEvoy of Triad Assoc.
14. Memo from Ritsap County Land Use Hearings 11/19/90
Coordinator to BIPAC and ABC Group,
tentatively setting public hearing, with
handwritten note to disregard
15. Letter from Sally Clarke of Hillis Clark 01/15/91
Martin & Peterson to Kathy James, to request
a meeting prior to upcoming EIS hearing
16. Comment letter from Bob and Joan -Grant to 01/29/91
Rick Kimball, Kitsap County SEPA
Coordinator, expressing concerns about
proposed project
17. Letter from H.G. Portrey, Bremerton-Ritsap 01/30/91
County Health District Environmental Health
Specialist, to Karlynn Haberly, Ritsap
County Hearing Examiner, recommending
approval of preliminary plat
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 3
18. Letter from Sally Clarke to Stephanie
Warren, forwarding comment letters received
by Rick Kimball:
18.A. 01/31/80 [sic, s/b 91) from Sharon
Vonasch of Peter J. Eglick's
office
18.B. 01/30/91 from Peter J. Eglick,
Land Use Counsel for B.I. School
District, also enclosing "An
Overview of School District
Funding and Budgeting"
18.C. 01/21/91 from Dave Kotz, Tamara
Stone, and Betsey Whittick of
Rural Bainbridge Island
18.D. 01/24/91 from Dave Kotz, Tamara
Stone, and Betsey Whittick of
Rural Bainbridge Island
18.E. 01/31/91 from David R. Moore,
following up on comments he made
at the public hearing
18.F. 01/30/91 from Edward L. Selfors
18.G. 01/29/91 from Paul I. Carroll
18.H. 01/30/91 from Hilary Klein
18.I. 01/30/91 from Elane Hellmuth,
President, Assoc. of Bainbridge
Communities
18.J. 01/30/91 from Sandra L. Shopes
18.K. 01/28/91 from Gary Benjamin
18.L. 01/29/91 from Bob and Joan Grant
18.M. 01/26/91 from Gregory L. Kellogg
18.N. 01/29/91 from Jill Bamburg
18.0. 02/04/91 from Malaina Bowker to
Gerry Buck and Sally Clarke,
enclosing copies of comment
letters from Departments of
Wildlife and Ecology
18.P. 01/11/91 from Dept. of Wildlife
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 4
02/12/91
18.Q. 01/28/91 from Dept. of Ecology
19. Comment letter from Kitsap County Fire Chief 02/13/91
Gary Clough to Kathy James
20. Comment letter from Peter Eglick, Land Use 02/18/91
Counsel for B.I. School District, to Winslow
Planning Agency, requesting a supplemental
EIS
21. Letter from Sally Clarke to Stephanie 02/27/91
Warren, enclosing transcript of EIS hearing
21.A. Letter from Sally Clarke to Rick 02/27/91
Kimball, enclosing tapes and
transcript
21.B. Transcript of 1/28/91 EIS hearing,
22. Comment letter from State Dept. of Fisheries 03/11/91
Regional Habitat Manager Doris Small to Ron
Perkerewicz, Kitsap County Dept. of
Community Development
22.A. State Dept. of Fisheries Draft
Stormwater Guidelines, 11/01/90
22.B. Letter from Robert Burd of U.S.
Environmental Protection Agency,
to Richard Allen of RJA Assoc., re
alleged violation of Clean Water
Act
22.C. Notice As To Confidential Business
Information
22.D. U.S. EPA Findings of Fact, Request
For Information and Compliance
Order
23. Letter from Sally Clarke to Stephanie 03/12/91
Warren, enclosing copies of additional
comment letters
23.A. Letter from Paula Hammond of State 03/01/91
Dept. of Transportation, enclosing
Developer Agreement and
Requirements For Approval of Plans
to Construct a Standard
Intersection or a Channelized
Intersection on a State Highway
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 5
23.B. Letter from State Dept. of 03/11/91
Fisheries Regional Habitat Manager
Doris Small to Ron Perkerewicz,
Kitsap County Dept. of Community
Development [Ex. 22, above]
24. Letter from Gerald Buck to Jane Allan, 04/25/91
enclosing revised plan (as discussed in
DEIS) and proposed revisions in response to
public/agency comments
24.A. Original site plan and 3/25/91
revision
24.B. Site plan revised 9/19/91
25. Comment letter from Michael Kessler and
Kitty Bradshaw to Stephanie Warren,
expressing concerns about proposal
26. .Comment letter from Chuck Field, Director,
B.I. Parks & Recreation District, to Jane
Allan
27. Letter from Malaina Bowker of The Ferris
Company to Stephanie Warren, enclosing Final
EIS for review and explaining changes made
28. Letter from Sally Clarke to Jane Allan,
regarding Final EIS review and scheduling a
meeting to answer any questions that arise
29. Letter from Sally Clarke to Jane Allan,
enclosing requested correspondence with
Kitsap County regarding submission of
application and fact that it was considered
complete and vested in accordance with
County Subdivision Ordinance
29.A. Letter dated 10/23/90 from
Sally Clarke to Rob Wenmen,
confirming phone conversation re
applicable ordinances
29.B. Letter dated 08/23/90 from
Gerald Buck to Rob Wenmen, listing
documents submitted and confirming
completeness of application
package
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 6
04/29/91
05/30/91
06/05/91
08/01/91
09/16/91
30. Letter from Sally Clarke to Chuck Field, 09/16/91
B.I. Parks and Recreation, re proposed
dedication of 7-1/2 acres to the District
and re .4 acre neighborhood park
31. Letter from Sally Clarke to Jane Allan, re 10/02/91
review of Final EIS and hearing before
Planning Agency
32. Site Plan, revised 10/4/91 (94 lots) 10/4/91
33. Letter from Malaina Bowker of The Ferris 10/25/91
Company to Jane Allan, enclosing the
following:
33.A. Revised Chapters 1 and 2 and
revised pages of Chapter 3 of
Final EIS
33.B. Draft cover letter from City of
Winslow, to accompany Final EIS
33.C. Notice of Availability of Final
EIS
33.D. Distribution List for Final EIS
33.E. Distribution List for Notice of
Availability
34. Transmittal memo from Katherine McKee of 11/06/91
Triad Assoc. to Jane Allan, enclosing
videotape taken 7/27/90 of wetland and
downstream drainage
35. Memo from Kristy McEvoy of Triad Assoc. to 11/08/91
Gerry Buck, summarizing history and status
of storm detention design
36. Letter from Gerald Buck to Jane Allan, 11/11/91
submitting requested materials relating to
the application
37. Memo from Jane Allan to Rich Kato, through 11/19/91
Bill Bryan, Director of Public Works,
requesting review and comments on DEIS and
FEIS
38. Memo from Jane Allan to Bill Bryan, Director 11/19/91
of Public Works, forwarding above memo to
Rich Kato, as well as revised storm drainage
study and preliminary road and drainage
plans
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 7
39.
Letter from Harry Davis, Ritsap County PUD
12/02/91
No. 1, to Jane Allan, re EIS appeal
40.
Comment letter from Jay and Penny Paulsen to
12/08/91
B.I.-City Council, expressing views on
proposal
41.
Council Meeting Notes (12/11/91) from
12/12/91
Shelagh Hornung to All City Staff, with
attachment concerning school impact fees
42.
Short Plat for property across Phelps Road
12/20/91
owned by Applicant
43.
Letter from Sally Clarke to Jane Allan,
12/26/91
enclosing documents relating to 13-acre
short plat on east side of Phelps Road
44.
Letter from Sally Clarke to Jane Allan, re
12/31/91
how Plat/PUD application is to be processed
by City
45.
Letter from H.G. Portrey, Environmental
01/07/92
Health Specialist with Bremerton-Ritsap
County Health District, to Jane Allan, re
need to prove adequate water source prior to
plat approval
46. Site Plan (94 lots) 01/10/92
47. Fax transmittal and letter (dated 01/10/92) 01/13/92
from Sally Clarke to Jane Allan, re density
bonus
48. Transmittal letter from Katherine McKee of 01/14/92
Triad Assoc. to Jane Allan, enclosing plat
maps, letter re PUD open space requirements,
and exhibit re open space areas [not
attached]
49. Letter from Katherine McKee of Triad Assoc. 01/14/91
to Jane Allan, clarifying how proposal meets
open space requirements without a density
bonus
50. Fax transmittal from Katherine McKee of 01/14/92
Triad Assoc. to Jane Allan, enclosing
calculations of probable wetland ratings
prepared by Raedeke Assoc.
51. Letter from Richard Kato of Kato & Warren to 01/16/92
Stephanie Warren, re their review of project
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 8
52. Letter from Chuck Field of B.I. Parks and 01/16/92
Recreation District to Katherine McKee of
Triad Assoc., concerning mini -park at Lot 36
and open space trails
53. Staff Report prepared by Jane Allan for the 01/18/92
Winslow Planning Agency
Attachments:
1 Hazardous Waste Pledge
2 Safe Alternatives to Common Household
Products
3 vicinity Map
4 Letter from Sally Clarke to Rob Wenmen
of Kitsap County Dept. of Community
Development, dated 10/23/90
5 City of Winslow Ordinance 91-11
6 Exhibit II -14, Kitsap County
Groundwater Management Plan
7 Kitsap County Subdivision Standards
8 Letter from Jerry Springer of the PUD
to Triad Assoc., dated 10/25/90
9 Letter from Rich Kato, dated 6/25/91
10 Letter from Rich Kato, dated 1/16/91
11 Technical Staff Review Committee
Comments from the City Engineer
12 Letter from Chuck Fields of B.I. Parks
and Recreation District, dated 5/31/91
54. Letter from Charles Boatman of Converse 01/22/92
Consultants to Sandra Shopes of B.I.
Citizens Committee, commenting on Water
Quality section of EIS
55. Notes on Planning Agency public hearing 01/23/92
56. Planning Agency Minutes 01/23/92
57. Memo from Lyon McCandless to Wayne Daley and 01/24/92
Jane Allan, enclosing "Subjects to be
Addressed in the Management Plan for Hidden
Cove
58. Memo from Lois Curtis, Planning Agency 01/27/92
Member, to B.I. Hearing Examiner, setting
forth her recommendations
59. Letter from Wayne Daley, Chair of the
Planning Agency, to the B.I. Hearing
Examiner, regarding "courtesy" hearing and
members' findings to be forwarded directly
to Hearing Examiner
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 9
01/29/92
60. Order of Disqualification entered by B.I. 02/04/92
Hearing Examiner J. Robin Hunt
61. Letter from Richard Kato of Kato & Warren to 02/08/92
Stephanie Warren, concerning traffic safety
issues raised by Robert Martin
62. Letter from Sally Clarke to Jane Allan, 02/11/92
requesting copies of rules of procedure for
Hearing Examiner and City Council hearings
63. Letter from Richard Pearl to Jane Allan, 02/11/92
requesting clarification of Condition #10 of
her recommendations
64. Planning Agency Agenda, scheduling Hidden 02/13/92
Cove Estates KPUD/SUB 06-29-90-1
65. Letter from Jane Allan to Sally Clarke, 03/05/92
confirming that no public hearing will be
scheduled until she hears from Ms. Clarke
66. Letter from Sally Clarke to Jane Allan, re 03/17/92
scheduling public hearing before the Hearing
Examiner
67. Report Recommendations For Compensatory 03/17/92
Wetlands Mitigation, Dept. of Ecology
68. Wetland Enhancement, Restoration and
Creation Guidelines For Project Impact
Mitigation, prepared by Ronald Kranz of
David Evans and Assoc. [pages 1, 9-12]
69. Letter from Stephan Kalinowski, Habitat 04/02/92
Biologist, to Katherine McKee of Triad
Assoc., re his review of 1/10/92 preliminary
plat and Ron Fox's comments on earlier plans
70. Letter from Sally.Clarke to Jane Allan, re 04/13/92
Kato & Warren invoices
71. City Treasurer's Receipt for $1,-020.00 paid 05/27/92
by North Washington Associates for
engineering costs (001.1.343.21)
72. Letter from Karen Summerville of Betts 07/17/92
Patterson & Mines to Donna Duncan,
requesting notice of all future proceedings
73. Letter from Sally Clarke to Jane Allan, 09/21/92
requesting review of the proposal by City
consultant Randall Arendt
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 10
74. Letter from Sally Clarke to City consultant 10/28/92
Randall Arendt, following-up on meeting and
enclosing tax assessor's map for town of
Beaux Arts on Lake Washington
75. State Dept. of Ecology Report of Examination 11/16/92
to Appropriate Public Waters of the State of
Washington, Application No. G1-25955
76. Letter from Gerald Buck to Jane Allan, 01/19/93
enclosing revised plans (72 lots) and
discussing changes
76.A. Site Plan at 1" = 100' scale
76.B. Conceptual Drainage Plan
76.C. Detention Facility Detail Plan &'
Section (Typical)
77. Pre -Application Review Committee 02/02/93
Departmental Comments, with copy of 1/19/93
letter from Gerald Buck (Ex. 76, above]
78. Letter from Jane Allan to Doris Small, 02/02/93
Regional Habitat Manager with State Dept. of
Fisheries, requesting review and comment on
revised PUD/Subdivision plan
79. Letter from Jane Allan to Patricia Crumley 02/02/93
of State Dept. of Ecology, requesting review
and comment on revised PUD/Subdivision plan
80. Comment letter from Chuck Field, Director, 02/09/93
B.I. Parks and Recreation District, to Jane
Allan, re review of drawings presented on
02/02/93
81. Comment letter from G. Scott Hodgins of B.I. 02/16/93
School District to Jane Allan, re proposal's
impacts on schools
82. Memo from Jane Allan to Tom Herriott (Public 02/18/93
Works), Mark Crowthers (Fire District), and
Leigh Rennell (Parks District), enclosing
revised PUD/Subdivision plan and requesting
comments
83. Preliminary Plat/PUD site plan (72 lots) 02/19/93
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 11
84. Letter from Gerald Buck to Jane Allan, 02/19/93
enclosing drawings revised to reflect
comments made by Parks District and
enclosing letter from Dan Matlock re
groundwater
85. Transmittal letter from Gerald Buck to Jane 02/22/93
Allan, completing submittal of last week
85.A. Letter dated 05/22/92 from Dan
Matlock, Hydrogeologist with
Pacific Groundwater Group, to
North Washington Assoc.,
summarizing his groundwater
analysis
85.B. Letter dated 02/19/93 from Dan
Matlock, Hydrogeologist with
Pacific Groundwater Group, re
groundwater recharge conditions
86. Memo from Mark Crowthers, Fire Protection 02/25/93
Specialist with Ritsap County, to Jane
Allan, re his review of proposed project
87. Letter from Glenn Amster of Hillis Clark 02/25/93
Martin & Peterson to Jane Allan, enclosing
revised version of proposed conditions on
development
87.A. Conditions of Approval,
Subdivision/PUD
88. Memo from Jane Allan to Randall Arendt, 02/26/93
enclosing revised plan
89. Memo from City Consultant Randall Arendt to 11/14/92
Stephanie Warren, commenting on his review
of concept plan for Hidden Cove Estates
[Note: this exhibit is out of chronological
order]
89.A. Plan showing proposed revision
90. Fax transmittal submitting Notice of Public
Hearing to The Bainbridqe Review for
publication
91. Fax transmittal submitting Notice of Public
Hearing to The Sun for publication
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 12
02/19/93
02/23/93
92.
Certificate of Posting Notice of Public
02/26/93
Hearing at three places on the subject
property, by City Public Works Department
93.
Affidavit of Publication of Notice of Public
02/24/93
Hearing by The Bainbridge Review
94.
Affidavit of Publication of Notice of Public
03/02/93
Hearing by The Sun
95.
Affidavit of Mailing Notice of Public
03/15/93
Hearing, by Donna Duncan, Assistant to the
Hearing Examiner
96.
Affidavit of Posting Notice of Public
03/15/93
Hearing at City Hall, the Chamber of
Commerce, and the Ferry Terminal, by Donna
Duncan, Assistant to the Hearing Examiner;
97.
Letter from Glenn Amster to Jane Allan,
03/02/93
enclosing redlined version of proposed
conditions on development
98.
Fax cover sheet and Memorandum from Gerry
03/02/93
Buck to Jane Allan and Tom Herriott,
enclosing three road cross-section drawings
99.
Handwritten note from Jane [Allan?] to Tom
03/02/93
[Herriott?], requesting a review of water
capacity report submitted by the Applicant
100.
Motion For Continuance of Hearing submitted
03/02/93
by William Smart on behalf of North
Bainbridge Island Community Association
100.A. Declaration of Greg Kellogg in
03/02/93
support of Motion For Continuance
101.
Letter from Paul Maurer to City of
03/01/93
Bainbridge Island Hearing Examiner Robin
Baker, expressing concerns about.surface
water runoff and density
102.
Memo from Jane Allan to City Attorney Rod
03/04/93
Kaseguma, requesting opinion on Planning
Commission's recommended condition requiring
formation of LID to monitor septic impact
103.
Memo from Jane Allan to Robin Baker, Jerry
03/05/03
Buck and Will Smart, attaching Supplemental
Staff Report
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 13
104. Supplement to Staff Report Dated January 18,
1992 prepared by Jane Allan, Project Manager
03/05/93
Attachments:
1 Hazard Free Pledge
2 Safe Alternatives to Common Household
Products
3 Memo from Randall Arendt to Stephanie
Warren, 11/14/92
4 Memo from Randall Arendt to Jane Allan,
3/2/93
5 Memo from Tom Herriott to Jane Allan,
3/3/93
6 Memo from Mark Crowthers (Kitsap County
Fire Protection District) to Jane
Allan, 2/25/93
7 Letter from Scott Hodgins (B.I. School\,
District) to Jane Allan, 2/16/93
8 Letter from Chuck Fields (B.I. Park
District) to Jane Allan, 2/9/93
105. Letter from Phyllis Meyers of the Suquamish 03/08/93
Tribe to Robin Baker, Hearing Examiner,
expressing concerns about proposed
development, and attaching prior letter of
3/13/92
106. Letter from Katherine March of State 03/12/93
Department of Ecology to Jane Allan,
commenting on revisions to draft EIS and
expressing additional concerns regarding
stormwater runoff
107. Letter from Shirley Haight to Robin Baker, 03/11/93
expressing environmental concerns
108. Letter from Cora George to Robin Baker, 03/11/93
expressing environmental concerns
109. Letter from Sue Kuehl, State Department of 03/15/93
Fisheries, to Jane Allan, commenting on
their review of conceptual site plan dated
1/21/93
110. Conceptual Site Plan prepared by Triad 03/12/93
Associates
111. Preliminary Plat/PUD site plan (72 lots), 03/15/93
prepared by Triad Associates [Note: same as
Exhibit 83]
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 14
112. DEIS Site Plan - 94 Lots, prepared by Triad 03/15/93
Associates
113. FEIS Site Plan - 94 Lots, prepared by Triad 03/15/93
Associates
114. Conceptual Drainage Plan, prepared by Triad 03/15/93
Associates
115. Vegetated Wet Pond and Swale Diagram, 03/15/93
prepared by Triad Associates
116. Water Right Permit issued by State
Department of Ecology
117. Resume of Dennis Goldman undated
118. Letter from Walter Trial to PUD Hearing 03/15/93
Examiner, expressing concerns related to
water quality issues
119. Petitions submitted at public hearing: 03/15/93
(1) "A Petition For Responsible Development
at Hidden Cove"; and (2) "Petition
Concerning Hidden Cove Estates"
120. Testimony by Vince Mattson, P.E., presented 03/15/93
at public hearing
121. Handwritten letter from James Nieukirk to 03/15/93
Robin Baker, Hearing Examiner, expressing
environmental and density concerns with
proposal
122. Sign -In Sheet for March 15, 1993 public 03/15/93
hearing
123. R6sum6 of Walter T. Trial, Jr., Ph.D., Vice undated
President, Principal Environmental Scientist
with Herrera Environmental Consultants, Inc.
124. R6sum6 of Andrew C. Kindig, Ph.D., undated
Associate/Water Quality Division Manager of
Beak Consultants Incorporated
125. Summary of Analyses Provided by Beak 03/15/93
Consultants Incorporated
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 15
S
126. Effect of Hidden Cove Estate Project on
Hidden Cove Embayment Water Quality by
Robert H. Gedney
Attachments:
1 Project location map
2 Plankton bloom at head of bay
3 Goldston letter
4 Janofsky letter
5 Dept. of Ecology letter on local
responsi-bility for controlling
nutrient input
6 Thom letter, Battelle Institute
7 Boatman letter, Converse Consultants
8 EPA report: "Nutrients and
Phytoplankton in Puget Sound," July
1991
9 Dept. of Ecology letter on biofilters
10 Metro report on biofilters
11 Curriculum Vitae of Robert Gedney
127. Biofiltration Swale Performance,
Recommendations, and Design Considerations
prepared by Municipality fo Metropolitan
Seattle (Attachment 10 to Exhibit 126,
above)
128. Nutrients and Phytoplankton in Puget Sound
prepared by Rensel Associates and PTI
Environmental Services for the EPA
(Attachment 8 to Exhibit 126, above)
03/01/93
10/05/92
07/--/91
129. Letter from Robert Garrigues of the State 04/08/92
Dept. of Ecology to David Fuller of the
Suquamish Tribe regarding water availability
calculations
i
130. Letter from Phyllis Meyers of the Suquamish 03/16/93
Tribe to Robin Baker, Hearing Examiner,
commenting on proposed project
131. Preliminary Park Design showing proposed 03/03/93
park dedications, prepared by Triad
Associates
132. Plat map of 70 -lot straight plat application 11/05/90
submitted to Ritsap County in 1990
133. Tax assessor's maps of other developments,
used for illustration purposes (labeled A, B
and C)
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 16
134. Letter from Glenn Amster to Robin Baker, 03/15/93
commenting on conditions recommended in
March 5, 1993 Supplement to Staff Report
135. Color -coded site map (revised layout
10/4/91) illustrating wetlands, slopes in
excess of 20%, and perimeter buffers
136. Tracing of proposed project site prepared by 03/01/93
Randall Arendt (Attachment 4 to Staff
Report)
137. Site plan illustrating lot on which
project's well is located
138. Letter from Peter Bang -Knudsen to Robin 03/16/93
Baker, Hearing Examiner, expressing concerns
about impacts of proposal
139. Memo For the Record from Andrew Schmid to 03/16/93
the B.I. Hearing Examiner, expressing
concerns about impacts of proposal, and
attaching a Guest Column newspaper article
by him published in The Review on
February 26, 1992
140. Letter from Leigh Kennel of B.I. Parks & 03/15/93
Recreation District to Robin Baker,
commenting on proposed recreation facilities
141. Specifications for trails (pedestrian,
jogging, recreational hiking, equestrian,
and bicycling), submitted by Leigh Kennell
of B.I. Parks & Recreation District
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 17
142. Testimony on Hidden Cove Estates proposal,
by Philip McCrudden
Attachments:
Letter from Dept. of Fisheries to Jane
Allan
Letter from Dept. of Ecology to Jane Allan
Information on coho salmon and pacific
herring
Newspaper articles:
"Wildlife areas disappearing"
"State rivers degraded"
"Natural resource report dismal"
"NW rivers face 'irreversible' harm"
"Fisheries council hears call for
coastal ban"
"Public forum to discuss shellfish"
Fax transmittal from Tim Determan to Phil
McCrudden, regarding on-site systems
03/16/93
143. Sign -In Sheet for March 16, 1993 public 03/16/93
hearing
144. Report entitled, "Miller Bay, A Case For 04/13/93
Cumulative Impact Assessment," prepared by
Lytitia Parmenter for The Suquamish Tribe,
dated July 1989, submitted by Phil McCrudden
145. Memorandum from William J. Shopes to The 04/13/93
Hearing Examiner, setting forth concerns
with preservation of water quality
146. Supplemental Remarks to March 15 Hearing Re 04/13/93
Effects Hidden Cove Estates Project on
Hidden Cove Embayment, submitted by
Robert H. Gedney
147. Report entitled, "Seawater Intrusion Control 04/13/93
in Coastal Washington," by the EPA
Department of Ecology Policy and Practice,
submitted by Elane Hellmuth
148. Bainbridge Island water service map, 04/13/93
submitted by Elane Hellmuth
149. "Figure Three: Seawater Intrusion Prone 04/13/93
Areas in Washington," submitted by Elane
Hellmuth
150. Water Service Areas map, submitted by Elane 04/13/93
Hellmuth
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 18
151. "Figure 5 [from DEIS]: Hidden Cove Estates 04/13/93
Alternative 2 Site Plan," submitted by Rob
Crichton
152. "An -Analysis of -the Applicant's Initial 75- 04/_13/93
Lot Subdivision," submitted by Rob Crichton
153. Written Testimony of Gregory L. Kellogg, 04/13/93
submitted at public hearing
154. Written Testimony of Lon E. Hachmeister, 04/13/93
submitted at public hearing
155. Written Testimony of Sandra Shopes, 04/13/93
submitted at public hearing
156. "Inadequacy of Detention Ponds For 04/13/93
Mitigating Wetland Water Level Changes
Caused by Development"
157. Letter from William Smart to the Hearing 04/13/93
Examiner, commenting on Jane Allan's
proposed conditions
158. Hearing Memorandum submitted by William 04/13/93
Smart
159. Letter from Andrew Kindig of Beak 04/13/93
Consultants to Glenn Amster, commenting on
Dr. Dennis Goldman's testimony and written
report
160. Letter from Department of Wildlife Habitat 04/02/92
Biologist Stephan Kalinowski to Katherine
McKee of Triad Associates, submitted at
public hearing on 4/13/93
161. Letter from William Smart to the Hearing 04/12/93
Examiner, transmitting by fax a copy of
Jonathan Davis's written testimony letter
161.A. Written testimony letter from 03/12/93
Johathan Davis to the Hearing
Examiner, commenting on
Dr. Kindig's testimony
162. Sign -In Sheet for 4/13/93 public hearing 04/13/93
163. Memorandum from City Attorney Rod Kaseguma 03/09/93
to Jane Allan, responding to her query re
Planning Commission's recommendation re LID
formation
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 19
I
164.
Letter from Cynthia Baron to the Hearing
03/12/93
Examiner, expressing concerns as a resident
and taxpayer
165.
Letter from George E. Lewis to the Hearing
03/12/93
Examiner, expressing concerns about the
proposed development
166.
Postcard from Maria Mason to the Hearing
03/12/93
Examiner, expressing concerns about the
proposed development
167.
Letter from Lydia Kelly to the Hearing
03/15/93
Examiner, expressing concerns about the
proposed development
168.
Handwritten letter to the Hearing Examiner,
03/16/93
signature illegible, concerning using
watersheds as land use "driver"
169.
Letter from Glenn Amster to the Hearing
03/22/93
Examiner, enclosing corrections to tables
included in Exhibit 125, "Summary of
Analyses Provided by Beak Consultants, Inc."
and regarding the close of the record
170.
Letter from the Hearing Examiner to Glenn
03/30/93
Amster and William Smart, concerning close
of the record at end of 4/13/93 public
hearing
171.
Letter from William Smart to the Hearing
04/05/93
Examiner, responding to the Hearing
Examiner's letter of 3/30/93, and objecting
to deadlines
172.
Fax transmittal from William Smart to the
04/06/93
Hearing Examiner and Glenn Amster, enclosing
letter from Dennis Goldman to the Hearing
Examiner
172.A. Letter from Dennis Goldman,
04/04/93
Principal Hydrogeologist with
Earth Science Applications, Inc.,
presenting technical hydrogeologic
issues
173.
Letter from Andrew Kindig of Beak
04/19/93
Consultants to Glenn Amster, re
environmental permitting for a tertiary
wastewater treatment plant
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 20
174. Letter from Lawrence J. Newton, Vice
04/19/93
President-Surety/Manager with Parker, Smith
& Feek, Inc., to Glenn Amster, re proposed
surety bond requirement for sewage disposal
system
175. Letter from Glenn Amster to the Hearing
04/20/93
Examiner, responding to the opponents'
comments on the staff's recommendations set
forth in William Smart's 4/13/93 letter
176. Letter from William Smart to the Hearing
04/26/93
Examiner, responding to Glenn Amster's
4/20/93 letter
177. All exhibits filed of record in the appeal
hearing on the adequacy of the Final
Environmental Impact Statement for Hidden
Cove Estates Subdivision/PUD, as listed on
Exhibit A, attached hereto and incorporated
in this document as if fully set forth
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 21
PROCEDURAL MOTIONS
An Order of Disqualification was signed by J. Robin Hunt,
Bainbridge Island Hearing Examiner, on February 4, 1992, and has
been included in the record as Exhibit 60. A Motion for
Continuance was filed by William Smart on March 2, 1993, -asking
that the hearing on preliminary plat and PUD scheduled to begin
on March 10, 1993 be continued to allow time to review the
supplemental Staff Report which was to be filed by Jane Allan on
March 5, 1993. The motion was granted by the Hearing Examiner,
and the hearing was continued to March 15, 1993.
On the final evening of hearings, April 13, 1993, William
Smart, representing the North Bainbridge Community Association,
submitted a letter commenting on the mitigation conditions
identified in Jane Allan's supplement to her Staff Report dated
March 5, 1993. This letter had not been provided to the
Applicant's representatives prior to the hearing -sand, therefore,
a request was made by the Applicant's attorney,`Glenn Amster, for
additional time to respond. The Hearing Examiner granted
Mr. Amster's request for additional time to respond to
Mr. Smart's letter dated April 13, 1993. The hearing record was
held open until April 20, 1993 for Mr. Amster to file a
responding document. That letter was received by April 20, 1993.
POLICIES, REGULATIONS AND LAW
APPLICABLE TO THE APPLICATION
1. Revised Code of Washington 58.17.
2. Revised Code of Washington 43.21.0.
3. Revised Code of Washington 90.44.
4. Washington Administrative Code 197-11.
5. Bainbridge Island Municipal Code Chapter 17.04 (in
part).
6. Bainbridge.Island Municipal Code Chapter 2.16.
7. Kitsap County Zoning Code Sections 14, 10.B. and 17.
8. Kitsap County Subdivision Ordinance 20.
9. Kitsap County Comprehensive Plan, Bainbridge Island
Subarea Plan, Bainbridge Island Comprehensive Plan.
10. City of Winslow Ordinance 91-11.
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 22
FINDINGS OF FACT
1. The Applicant, North Washington Associates Limited
Partnership, is the legal owner of the property legally described
as:
That portion of the northwest, northeast and southwest
quarters of Section 3, Township 25 North, Range 2 East,
W.M., in Kitsap County, Washington, lying west of the
west right-of-way margin of Phelps Road and east of the
east right-of-way margin of Hidden Cove Road.
EXCEPT that portion lying within the northwest
quarter of the northeast quarter of the northwest
quarter of said Section 3.
EXCEPT that portion lying within the north half of
the northwest quarter of the northwest quarter of said
Section 3.
EXCEPT that portion lying within the north half of
the southwest quarter of the northwest quarter of the
northwest quarter of said Section 3.
EXCEPT that portion lying within the northeast
quarter of the northwest quarter of the northeast
quarter of said Section 3.
EXCEPT that portion lying within the south half of
the southwest quarter of said Section 3.
EXCEPT that portion lying within the south half of
the northeast quarter of the southwest quarter of said
Section 3.
EXCEPT the north 30.00 feet of the northeast
quarter of the northwest quarter and the north 30.00
feet of the northwest quarter of the northeast quarter
of said Section 3.
2. The above-described property is identified by Kitsap
County Tax Account Numbers:
032502-1-016-2002
032502-1-017-2001
032502-1-018-2000
032502-2-001-2007
032502-2-003-2005
032502-2-004-2004
032502-2-014-2002
032502-2-017-2009
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 23
032502-2-018-2008
032502-2-019-2007
032502-3-002-2004
032502-3-003-2003
032502-3-004-2002
032502-3-041-2009
032502-3-044-2006
3. The subdivision/PUD application for the Hidden Cove
Estates project was filed with Kitsap County on June 29, 1990.
4. An Environmental Checklist was filed with the Kitsap
County Department of Community Development on June 29, 1990. A
revised Environmental Checklist was filed with the Department of
Community Development on November 6, 1990.
5. A Determination of Significance was issued by the
Kitsap County Department of Community Development on July 19, `
1990.
6. An alternative preliminary plat/long subdivision
application was filed by the Applicant with Kitsap County on
November 6, 1990, proposing a 70-lot project.
7. A Final Environmental Impact Statement for the Hidden
Cove Estates project was published by the City of,Winslow on
November 1, 1991.
8. On September 11, 1992, a decision was filed by Robin
Thomas Baker, Hearing Examiner Pro Tem for the City of Bainbridge
Island, denying the appeal filed by Elane Hellmuth, Gregory
Kellogg, and William and Sandra Shopes, which had challenged the
adequacy of the FEIS issued by the City of.Bainbridge Island for
the Hidden Cove Estates project. The Hearing Examiner's decision
has been appealed to the Bainbridge Island City Council, where a
decision is pending.
9. The Bainbridge Island Planning Agency held a public
hearing concerning the Hidden Cove Estates development on
January 23, 1992. Since this application originally had been
filed with Kitsap County, the Planning Agency held a "courtesy"
hearing, and there was no consensus decision forwarded to the
Hearing Examiner.
10. In October, 1992, the Applicant met with Randall Arendt
to discuss the Hidden Cove Estates project. Mr. Arendt was a
consultant for the City of Bainbridge Island. As a result of
that meeting and other discussions with Mr. Arendt, the Applicant
made certain changes in its proposal.
11. During the course of processing this application, the
Applicant has met with members of the public, consultants for the
City of Bainbridge Island, and members of the City staff to
discuss the impacts and design of the Hidden Cove Estates
project. As a result of those meetings, the Applicant has made
many changes and adjustments in its project. As a result, an
additional Technical Review Committee meeting was held on
February 2, 1993 by the Department of Planning and Community
Development to discuss the revised plans for the Hidden Cove
Estates project.
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 24
12. A supplemental Staff Report was issued by Jane Allan,
Associate Planner for the City of Bainbridge Island Department of
Planning and Community Development, on March 5, 1993.
13. Notice of a public hearing to be held on March 10, 1993
and continued, if necessary, to the evenings of March 15 and
March 16, 1993, was published in The Bainbridge Review on
February 24, 1993.
14. Notice of a public hearing for March 10, 15 and 16,
1993 was published in The Sun newspaper on February 25, 1993.
15. Notice of a public hearing to begin March 10 and to be
continued March 15 and 16 was posted on the subject property at
three locations on February 26, 1993 by Renzo Toglia of the City
of Bainbridge Department of Public Works.
16. Notice of the public hearing on March lb,. 1993 and its
continuance to March 15 and 16, if necessary, was sent by mail to
adjacent neighbors, as set forth in on the Affidavit of Donna
Duncan, Exhibit 95.
17. On Tuesday, February 23, 1993, Donna Duncan posted
copies of notice of the public hearing to be held on March 10, 15
and 16, 1993, at the Bainbridge Island City Hall, the Winslow
Ferry Terminal, and at the Bainbridge Island Chamber of Commerce.
18. On March 2, 1993, William Smart, representing the North
Bainbridge Community Association, filed a motion for continuance
of the hearing scheduled for March 10, 1993. That motion was
granted, allowing additional time for review of the supplemental
Staff Report filed by the Department of Planning and Community
Development on March 5, 1993. The public hearing was rescheduled
to begin March 15, 1993. An additional notice was sent to the
adjoining property owners previously notified of the March 10
hearing date.
19. A public hearing was held at the Bainbridge High School
library beginning March 15, 1993, and was continued in session at
a meeting room at the Bethany Lutheran Church on the evening of
March 16, 1993. The public hearing was then continued until
April 13, 1993 at Bethany Lutheran Church, due to conflicts in
scheduling among necessary parties involved in the hearing which
prevented the hearing being reconvened prior to that date. The
Hearing Examiner's record was held open until April 20, 1993 for
the purpose of filing certain specified documents.
20. The subject property is a 189 -acre tract, bounded on
the east by Phelps Road NE and on the north by Hidden Cove Road
NE. Highway 305 abuts the southwest corner of the site. This
tract of land is presently undeveloped and is a densely forested
site which contains six wetlands, including a large, central
wetland containing a perennial stream that has been identified as
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 25
a salmon spawning stream. This stream ultimately empties into
the Hidden Cove embayment to the north. An abandoned gravel pit
is located in the western corner of the property. The site can
be described as having a gently rolling terrain, ranging in
elevation from 100 feet above sea level at the site's northern-
most border with Hidden Cove Road, to 200 feet at the site's
southeast corner. Cutting through the gentler topography on the
site, however, is a steep -sided drainage ravine which extends
from beyond the southeast corner of the site up to the center and
beyond the northern property line. The site does not extend to
the shorelines of Hidden Cove, but rather is located in its
entirety on the south side of Hidden Cove Road NE.
21. The subject property has a zoning designation of RP 2.5
(Resource Protection 2.5 Acre) and a Comprehensive Plan
designation of RP 2.5. The properties surrounding the Hidden
Cove Estates project to the north, south, east and west are all
zoned RP 2.5. The properties surrounding the Hidden Cove Estates
project to the north, south, east and west also carry the
Comprehensive Plan designation of RP 2.5.
22. The uses for the property immediately surrounding this
proposed development are as follows: To the north, the property
in the vicinity is largely undeveloped, with some single-family
residential. To the south, the property is, for the most part,
undeveloped. To the east, the property is undeveloped, except
for a few single-family residences. The property to the west of
the Hidden Cove Estates development is, for the most part,
undeveloped, and is bordered by State Route 305.
23. The proposed project retains 60 percent of the total
area as open space. The project has a density of .38 lots per
acre, as proposed. The average lot size, as proposed by the
Applicant, is .88 acre.
24. The density bonus request made by the Applicant early
in the application process has now been withdrawn.
25. Puget Sound Power and Light Company will provide
electrical power for the site.
26. The Applicant does not propose to install street
lighting throughout the planned unit development. Street
lighting has been recommended by the Bainbridge Island Police
Department for crime prevention. All utilities will be placed
underground at the.time of construction.
27. United Telephone Company of the Northwest will provide
telephone service for the residents of the site.
28. Fire protection will be provided by Bainbridge Island
Fire District No. 2, and police protection will be provided by
the Bainbridge Island Police Department.
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 26
29. The Applicant has agreed to pay all school impact fees
required by City of Bainbridge Island municipal ordinances. This
project consists of 72 residential lots, which are anticipated to
house families with children of school age. The School District
has notified the City of Bainbridge Island that Wilkes Elementary
School is operating at full capacity (children from this project
would be expected to attend Wilkes Elementary and Commodore
Middle Schools). The middle school is also at or near capacity.
Additional students from this project will require additional
facilities and staffing by the School District. The FEIS
estimates .7 children per household will be added to the School
District population by this development.
30. On November 16, 1992, a Water Rights Permit was issued
by the Washington State Department of Ecology, under Permit
No. G1 -25955P, allowing the Applicant to establish a community
domestic water supply for up to 110 services at 61.1 gallons per
minute instantaneous and 55 acre-feet per year. The well was
tested with a 24-hour pump test and was found by the Applicant's
consultant, D.R. Strong Consulting Engineers, to be capable of
supplying a minimum of 65 gallons per minute for an extended
period of time. The Applicant's consultant, Pacific Groundwater
Group, Dan Matlock, Principal Hydrologist, also confirmed that
the pumping test of the Hidden Cove Estates well showed that the
water supply would be adequate to meet the needs of the project.
Mr. Matlock confirmed that an additional long-term pump test is
not necessary to measure interference or vicinity well drawdowns.
The Department of Ecology agreed with that conclusion in its
issuance of the Water Rights Permit in November, 1992. The
Hidden Cove Estates well is drawing from the QVA aquifer. The
Kitsap County Groundwater Management Plan indicates this property
has a medium recharge potential and aquifer vulnerability.
Groundwater movement within that aquifer in the vicinity of the
Hidden Cove Estates well is toward the southwest and Manzanita
Bay. Applicant's consultants do not expect a measurable impact
to the surface water features of the site from the operation of
the Hidden Cove Estates well. In addition, interference drawdown
impacts to existing water uses in the vicinity of the Hidden Cove
Estates well should be minimal. Impacts to wetlands and existing
water users north of the well will be minimal, if any. The
proposed level of groundwater development will not significantly
reduce groundwater gradients or flow rates toward Puget Sound
and, therefore, water quality in the vicinity of this project
will not be adversely impacted by saltwater intrusion. The
Hidden Cove Estates water supply will be provided by a well owned
by the Applicant, which is located on Applicant's property
immediately adjacent to the Hidden Cove Estates project site at
Phelps Park Short Plat Lot 2. The Applicant has entered into an
agreement with Kitsap County Public Utility District No. 1, which
calls for a transfer of ownership of the water system to the
Public Utility District after its development and construction by
the Applicant and its inspection and approval by the Public
Utility District.
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 27
31. The project site is not served by public sewers;
therefore, each residential lot will be served by an on-site
septic system.
32. A stormwater_management system and a drainage system
have been proposed by the Applicant. These systems will'be
designed and built to meet or exceed the performance standards
and the design criteria guidelines of the Washington State
Department of Fisheries, the Washington State Department of
Ecology, the City of Bainbridge Island, and Kitsap County. The
conceptual drainage plan and conceptual plan for the stormwater
management system have received approval from the Bainbridge
Island City Engineer as adequate for this preliminary stage of
the development of the project.
33. The Environmental Impact Statement ("EIS") done for
this project has shown that there are significant adverse
environmental impacts which will occur as a result -of this
project. There are significant impacts expected from increased
traffic volume and loss of wildlife habitat, potential adverse
impacts to the salmon stream crossing the property, and possible
adverse impacts to the waters of Hidden Cove due to drainage from
the project site. There are mitigation measures which can be
taken to lessen the potential adverse impacts of this project on
the project site and on the property surrounding the site.
34. After consulting with Randall Arendt and with the
City's Planning Department, the Applicant has proposed to include
roadways throughout the property which will have dedicated right-
of-ways 40 feet in width. The paved roadway for all roads within
the development will be only 18 feet in width with a three-foot
vegetated shoulder on each side. The width of the paved roadway
has been reduced in an effort to maintain the rural character of
the development. All roads within the development are to be
dedicated to the City of Bainbridge Island after completion of
construction, except for four limited -access roads. Those four
roads provide access to Lots 15 through 20, 21 through 25, 47
through 52, and 53 through 58, as shown on the site plan,
Exhibit ill. Those four limited -access roads are to'be
constructed to the same standards as the public roads within the
site; however, they are proposed to be maintained by the
homeowners' association incorporated for this development.
35. A three-foot vegetated shoulder will be located on each
side of all roadways within the development to provide a walkway
for school children and others to walk safely to and from the
school bus and transit stops constructed along Phelps Road at the
two entrances to this development.
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 28
36. The hammer -head roads designated on the face of the
proposed plat (Exhibit 111) as private roads have received design
approval for fire and emergency services access by Bainbridge
Island Fire District No. 2, and the City Engineer has agreed that
these four roads be privately maintained by the homeowners'
association as long as they meet or exceed the standards of
public roads within the development.
37. The residents of this proposed development will have a
direct impact on neighboring parks by increased usage for
recreational needs. This subdivision/PUD will include
approximately 72 homes, whose residents will have a need for
active and passive recreation. The Applicant has proposed a
public trail system, dedicated to the City of Bainbridge Island
or to the Bainbridge Island Parks and Recreation District, which
will provide recreational access throughout the development. In
addition, the Applicant has proposed the dedication of two
separate parcels for development as a community park and a
playground. The first is a 7.75 -acre park located in the
northeast portion of the site, and the second is a small
playground site located near the center of the western part of
the development. This second proposed playground park measures
approximately 87 feet by 130 feet.
38. This project will be built on real property located
next to a state highway. The State Department of Transportation
has been notified and has commented on the proposal. An
agreement must be approved by the Washington State Department of
Transportation before any improvements can be made to State
Route 305. The State of Washington will not be responsible for
noise attenuation for lots near SR 305.
39. There will be a significant increase in traffic volume
along Phelps Road and Hidden Cove Road, especially where Phelps
Road and Day Road intersect with SR 305. These impacts were
described in the FEIS published by the City of Bainbridge Island.
The Washington State Department of Transportation requested that
the developer of Hidden Cove Estates be required to improve the
intersection of Day Road and Phelps Road to maintain the flow of
traffic at both that intersection and the intersection of Day
Road and SR 305. (See FEIS, pp. 3-15.) The Applicant has
proposed to construct a dual northbound right -turn lane from
SR 305 to serve northbound traffic onto Phelps Road -and eastbound
traffic onto Day Road. This additional turn storage lane is
needed to accommodate added vehicle trips from the project.
40. This project will generate approximately 720 daily
vehicle trips to Phelps Road, with an estimated 45 percent
to/from the south at Day Road and 40 percent to/from the north at
SR 305.
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 29
41. With the only access roads for this PUD entering off
Phelps Road, it can be expected that traffic volumes will cause
traffic to back up on Phelps.Road.by vehicles waiting to turn
into the project site. Road D access is nearest the Phelps
Road/Day Road intersection. Backup traffic from vehicles. turning
off Phelps Road onto Road.D can be expected to cause congestion
at the Phelps Road/Day Road intersection, especially at evening
peak hours. A left-turn lane added to Phelps Road where it
intersects Road D will lessen the likelihood of traffic stoppage
on Phelps Road caused by turning drivers. Vehicles can then pass
in the outside lane, which will lessen the likelihood of
interference with traffic at the Phelps Road/Day Road
intersection. This left-turn lane will also preclude drivers
from using the bicycle lane or shoulder for a turn storage lane,
endangering bicycle or pedestrian users.
42. The Applicant hired Raedeke Associates to do a wildlife
habitat survey and wetland survey. The results-of-,those surveys
are included in the FEIS and in a subsequent report filed of
record at the EIS appeal hearing. The study found there are
potential adverse impacts to the wetlands and wildlife habitat
which can be mitigated by maintaining substantial buffer areas
within the development around the wetlands and allowing no
construction of any kind within the buffer or wetland areas.
43. , The Applicant has designated buffer areas around all
wetlands and around the perimeter of the site. In addition, each
lot contains a tree preservation easement which will provide
additional buffer from adjoining properties. The Applicant has
agreed that no construction, clearing or grading will occur
within any wetland or buffer area, except where Road D crosses
the stream at the southwestern end of the property or where a
pedestrian recreation trail may cross a wetland buffer.
44. Lot 17, at its location designated on Exhibit 111, the
Applicant's site plan, would intrude into the open space set
aside for the wetland protection. Both Randall Arendt, a City
land use consultant, and the Bainbridge Island Parks and
Recreation District recommended that Lot 17 be removed from this
open space area. The Department of Planning and Community
Development has also recommended the deletion of Lot 17. The
Department of Wildlife commented during the EIS process that the
present location of Lot 17. would fragment the-upland forest
habitat. To eliminate these impacts, Lot 17 can be relocated to
the site near Lots 21 and 22, a site suggested by the Applicant's
engineer at the public hearing (relocation to percolation site
51A►).
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 30
45. On the western side of the property is a gravel
excavation site which is no longer in use. This area contains
steep embankments which have not been reforested. An inspection
of the site is necessary to determine whether it constitutes a
danger to public safety and needs recontouring or other
improvements by the Applicant prior to final plat approval.
46. The Watershed Company, a consultant for the Applicant,
also found that the perennial creek located on the property is a
salmon spawning stream. It is one of four salmon spawning
streams presently known to exist on Bainbridge Island. To avoid
an adverse impact on that stream, it is important to maintain
certain no -disturbance buffer areas and to place certain controls
on grading and excavation during any construction at the project
site.
47. The culvert beneath Hidden Cove Road which cArries
water from the on-site salmon stream is not located on the
Applicant's property. There is no agreement with the City or
other adjacent property owners to make improvements to the
culvert. The fish passability characteristics of the culvert
need improvement at the present time, to enhance the salmon
spawning characteristics of the stream. The deforestation and/or
the covering of portions of the project with impervious surfaces
can be expected to*increase total water runoff volume from the
site. The stream channel may increase in dimension to handle the
greater volume. Silt loading would have a direct negative impact
on the stream's salmonid fish, especially in their spawning
habitat. Culvert improvements could help mitigate the negative
impacts of increased volume. Stormwater management for control
of water quantity in the stream is also important to maintenance
of fish habitat.
48. The Applicant has established a monitoring program for
waters entering the large wetland area and stream channel from
the south and leaving the subject property on the north as it
continues on its drainage route into Hidden Cove. The purpose.of
the monitoring program was to establish a baseline for the
quality of water in the creek in its pre -development status.
According to the testimony of Dr. Andrew Kindig, the results of
that monitoring study show that the water presently flowing
through the unnamed salmon stream on the property meets
Washington State Class AA criteria standards. The predevelopment
monitoring test results establish a baseline for comparison
during and after development so that the predevelopment standard
is maintained. A test of water quality at two points on the site
was made in September, 1992 and January, 1993 by Beak Consultants
at the request of the Applicant. The results of that monitoring
have been provided to the City of Bainbridge Island.
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 31
49: The Applicant has proposed a 75 -foot buffer area be
maintained along both Phelps Road and Hidden Cove Road on the
perimeter of the property, and a 50 -foot buffer be maintained
around the remainder of the project perimeter. An increase in
the perimeter buffer to 75 feet for the entire site is necessary
to maintain the rural character of the neighborhood and to
increase compatibility with surrounding zoning and current uses.
50. Appropriate provisions are made in this proposed
preliminary plat/PUD for the public health, safety and general
welfare. The public use and interest will be served by the
platting of this subdivision.
51. At the conclusion of three evenings of hearings, all
parties were notified by the Hearing Examiner that additional
time would be needed, due to the complexity of the project, for
the entering of a recommendation on this preliminary plat/PUD.
No objections were made to that decision being filed beyond the
applicable time requirements.
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 32
CONCLUSIONS OF LAW
1. Adequate legal notice was given for the public hearings
conducted on March 15 and 16 and April 13, 1993.
2. The FEIS published for this project has identified many
potential significant adverse environmental impacts which may
occur if this subdivision/PUD is developed on the subject
property. Because of those identified impacts, any approval of
this project must include Conditions which will mitigate those
impacts on the project site and on the surrounding properties.
The imposition of Conditions is necessary to ensure that the use
of this property is not and will not become incompatible with
uses of other property in the vicinity.
3. Approval of the preliminary plat subject to Conditions
set forth later in this document is necessary for the
preservation and enjoyment of the substantial property rights of
the Applicant and will not be materially detrimental to the
public welfare nor to the property of other persons located in
the vicinity of this project.
4. The proposed preliminary plat/PUD, as conditioned,
conforms with the general purpose of the Bainbridge Island
Comprehensive Plan and meets the requirements of the Kitsap
County Zoning Code in effect at the time the application was
filed (June, 1990).
5. The Bainbridge Island School District will be adversely
impacted by this development, since the schools are already at or
near capacity and this project will add additional school age
children to the District. The Applicant, therefore, has agreed
to pay a school impact fee to the City of Bainbridge Island to
mitigate the impact of the increased student population.
6. The Applicant's subdivision/PUD, as conditioned, will
make appropriate provisions for the public health, safety and
general welfare.
7. The Applicant's proposal, along with the additional
Conditions attached to this Recommendation, will provide
appropriate facilities and improvements for open space, drainage
ways, streets, potable water supplies, sanitary waste systems,
stormwater control, recreation facilities, fire protection and
transit stops, so that the public use and interests will be
served by the platting of this subdivision/PUD.
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 33
8. The Applicant has demonstrated a willingness to work
with the Department of Planning and Community Development and
other departments of the City of Bainbridge Island, and has
demonstrated an ability to comply with any Conditions that may be
imposed as a part of this Hidden Cove Estates project. _
9. This preliminary plat/PUD has been reviewed by the
Bainbridge Island City Engineer, who has recommended approval
with the attachment of certain Conditions.
10. This preliminary plat/PUD has been reviewed by
Bainbridge Island Fire District No. 2, which indicated that
adequate fire flow at the site cannot be determined until the
placement of hydrants is designated, lot lines are established,
and a water system is constructed and operating. Fire -District
review will, therefore, be ongoing and Fire District approval
will be required prior to filing of the final plat.
11. The proposed density for this project is consistent
with the requirements of the RP 2.5 acre zone PUD under .
Section 14 of Kitsap County Zoning Code No. 93. The requirements
of Section 14 of the zoning ordinance, regarding planned unit
developments, have been substantially met by the Applicant's
proposal and can be made compatible with surrounding uses with
the imposition of certain Conditions for preliminary plat .
approval.
12. The requirements of Section 20 of Kitsap County
Subdivision ordinance No. 20 have been substantially met by the
Applicant, and the public use and interests will be served by the
platting of this subdivision/PUD.
13. There are several large wetland areas located on the
proposed project site. The Applicant, as a part of the EIS
process, has identified those wetlands and has made provision for
protection of those environmentally sensitive areas. The
wetlands on the property will be protected by substantial buffer
areas and will remain as an essential part of the natural
drainage system for this property. A salmon spawning stream has
been located on the property, and the Applicant will be required
to meet the requirements of the Washington State Department of
Ecology and the Washington State Department of Fisheries for the
protection of that salmon spawning stream.
14. The Applicant has.proposed construction of a stormwater
control and water quality enhancement system that will be..
designed to meet or exceed the standards of the:.Washington State.
Department of Fisheries, the Washington State Department of
Ecology, the City of Bainbridge Island, and Kitsap County, for
stormwater control. A conceptual drainage plan has also been
submitted by the Applicant. Both the stormwater control system
and the drainage system preliminary plans have been reviewed by
the City Engineer and have been found acceptable for this stage
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 34
in the preliminary plat process. Additional design work and
construction plans will be necessary for review by the City
Engineer prior to any construction, grading, or final plat
approval for this project. The City Engineer has made certain
recommendations for those additional plans, which have been
included as Conditions to the Engineer's recommendation of
approval of this preliminary plat for the Hidden Cove Estates
project. These Conditions and further modifications will be
necessary to mitigate probable adverse environmental impacts
identified during the EIS process.
15: The EIS has shown that an increased traffic volume on
the roadways will result from the platting and development of
this subdivision/planned unit development. The increased traffic
will have a significant adverse impact on the roads and uses of
property in the surrounding area. Mitigation measures, including
improvements to State Route 305 and Phelps Road, are necessary to
mitigate those adverse impacts. Transit stops at the entrances
to this subdivision will help to reduce the increased traffic
volume from residents of the subdivision/PUD, and are necessary
to comply with RCW 58.17.110.
16. In order to provide for adequate sewer facilities at
this subdivision/PUD, the Applicant must show that each lot meets
the requirements of the Kitsap County Health District. No public
sewer system is available to the subdivision. Building.site
approval by the Health Department is required prior to final plat
approval, to meet the requirements of RCW 58.17.110, which
requires that a subdivision make adequate provision for sewer
facilities.
17. The Applicant's subdivision/PUD proposes to use for its
potable water supplies a well which the Applicant owns on
adjacent property. A water system serving the subdivision will
draw on that well. The Applicant has been granted a Water Rights
Permit by the Washington State Department of Ecology under Permit
No. G1-25955P. In order.to provide adequate water supplies for
domestic consumption and fire flow for fire protection of the
residents of this planned unit development, a water system must
be developed, inspected and approved prior to final plat
approval. Adequate water supply for consumption and for fire
protection are necessary to comply with RCW 58.17.110. The
Applicant proposes that its water system become a part of the
Kitsap County Public Utility District No. 1 system after
construction, inspection and approval. The Applicant has entered
into a preliminary agreement with Kitsap County Public Utility
District No. 1 for the adoption of the Hidden Cove Estates system
by PUD No. 1. Kitsap County Health District approval will be
required prior to adoption of the Hidden Cove Estates water
system by Kitsap County Public Utility District No. 1.
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 35
18. The Applicant has complied with the requirements of
RCW 90.44.080.
19. In order to protect the 112 acres of property being
reserved for open space, it will be necessary to establish a
homeowners' association for the preservation and maintenance of
those areas within the planned unit development. The Applicant's
agreement to set aside 60 percent of its property in open space
satisfies the requirements of RCW 58.17.110 and Kitsap County
code requirements for open space.
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 36
RECOMMENDED DECISION
Based on the testimony presented at the public hearing, the
documents admitted into the record, the site inspection conducted
by the Hearing Examiner, and the Findings and Conclusions, made
and entered above, it is recommended to the Bainbridge Island
City Council that the application for preliminary plat and
planned unit development for Hidden Cove Estates be approved,
subject to the following Conditions:
1. Delete Lot 17 from its location shown on Exhibit 111,
and relocate said lot to the south of Road D where it enters the
project off Phelps Road, in the area marked 51A►, the perc test
location. The access road for this new Lot 17 will extend across
Road D connecting with the access road for Lots 21 through 25, as
relocated. A relocation of this lot is subject to the site
meeting all of the requirements in these Conditions for
preliminary plat approval for lots in this subdivision. If
Lot 17 at this new location cannot meet those requirements, then
it must be deleted from the site plan.
2. Reduce the rear lot lines of Lots 5 through 7, as
recommended by Randall Arendt on his 3/1/93 site plan
(Exhibit 136), to provide a 60 -foot buffer between the public
park and the residential lots to enhance and ensure the
compatibility of the two different uses of the property.
3. Provide a 60 -foot buffer area between the 7.75 -acre
public park and all residential lots. Provide a minimum 75 -foot
treed and vegetated perimeter buffer along the entire perimeter
of the 189 -acre subdivision/PUD.
4. All clearing and grading at the project site shall be
performed during the months of April to September, to reduce the
potential for erosion and to minimize any potential adverse
impacts that clearing and grading may have on the hydrology and
sedimentation of the wetlands and perennial stream located on the
property. Extensions of this clearing and grading work period
may be granted by the City Engineer on a case-by-case basis if,
in his judgment, the extension of the clearing or grading
activity should be completed beyond the September 30th deadline
to conform with good engineering practices. The Engineer must
consider the protection of the environmentally sensitive areas
located within the site a priority criterion for the granting or
denial of any extension beyond the recommended time period.
5. Prior to any clearing or grading taking place at the
project site, the Applicant must design a temporary erosion
control plan to be approved by the City Engineer. That erosion
control plan shall include the proper channelling of surface
water runoff, liberal use of straw bales or appropriate
geotextile filters, temporary sedimentation basins, and erosion -
preventing slope covers. In addition, the plan shall include a
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 37
provision that all disturbed areas shall be revegetated and/or
protected as needed to reduce erosion and sedimentation impacts
on the site. If, during the course of clearing, grading or
construction at the project site, the approved temporary erosion
control plan is not effective in preventing erosion, then-the
City Engineer may require the developer to make additional
changes to the plan to improve erosion control and protect
environmentally sensitive areas at the site.
6. A temporary erosion control plan must also be submitted
and approved by the City Engineer prior to the clearing or
grading for each residential building lot in the PUD and before
any clearing or grading for the development of any parks,
playgrounds or community trail system planned for the PUD.
7. No clearing or grading of the site shall begin until a
grading plan has been approved by the City Engineer, which shows
existing and final site conditions.
8. Final site drainage plans must be approved by the City
Engineer prior to any clearing or grading at the site.
9. Prior to any clearing or grading of the site, the
perimeter limits of the.clearing and grading shall be clearly
flagged and fenced in the field, to avoid any encroachment into
wetlands, tree preservation easements, or buffer areas.
10. No clearing or grading shall encroach upon or intrude
into the wetland, stream or perimeter buffer areas, except where
Road D crosses the stream at the southwestern edge of the
property or where a pedestrian recreation trail may cross a
wetland buffer area.
11. Prior to any clearing or grading on the project site,
the Applicant shall submit a phasing plan providing for
consecutive phasing of construction activity. The purpose of the
phasing plan is to minimize the extent of the field areas being
cleared at any given time and to allow adequate opportunity for
the Applicant and the City of Bainbridge Island to monitor and
control the-impacts of any clearing and grading on the natural
features and environmentally sensitive areas at the site.
12. The Applicant shall submit a plan to the City Engineer
for approval, which details the site location for the storage of
all materials and equipment to be used during construction at the
site. No materials or equipment shall be stored, even
temporarily, in any area set aside as a buffer area, in any
wetland, or in any area designated as a tree preservation
easement.
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 38
13. The erosion control and grading plan submitted by the
Applicant for construction of the on-site roads, utilities or
other improvements, and the temporary erosion control and grading
plan submitted for construction on each individual residential
lot, or a park or playground development plan, shall contain a
provision that no soil shall be removed from the lots, especially
in the areas where the sewage disposal systems will be located.
14. The Washington State Department of Ecology has issued a
Water Rights Permit under Permit No. G1 -25955P for the well which
the Applicant has proposed as a water supply source for this
development. The water distribution system for this project
development must be constructed by the Applicant, approved by the
State Department of Health and the Kitsap County Health District,
and accepted as part of the Kitsap County Public Utility District
No. 1 water system, prior to any final plat approval. The
proposed Hidden Cove Estates well is located on Lot 2 of the
Phelps Park short plat, which is property owned,by�,the Applicant
immediately to the south of the Hidden Cove Estates project site.
All necessary easements onto Applicant's Phelps Park property
must be granted to Kitsap County Public Utility District No. 1
for the maintenance and repair of the Hidden Cove Estates well
and water system, prior to final plat approval.
15. Prior to final plat approval, the Applicant shall
obtain approval from Bainbridge Island Fire District No. 2 of the
location of fire hydrants throughout the site, approval of the
water distribution system as sufficient to provide adequate fire
flow for fire protection, and, if required by the Fire District,
that adequate on-site storage of water has been included in the
design and construction of the system to provide for the fire
safety and protection of the future residents of the development
and their property.
16. Prior to final plat approval, the Applicant shall
establish a monitoring program which has been approved by the
City Engineer, which will verify the effectiveness of the
Applicant's proposed stormwater control and water quality
enhancement facilities. This monitoring program shall include
baseline studies done by the Applicant prior to any clearing or
grading on the site, to determine the water quality of the on-
site stream in the central wetland as well as the quantity of
water that flows through that stream in both wet and dry seasons
prior to any development. The monitoring program shall include
monitoring sites on the subject property where the drainage exits
the site on the north, ultimately flowing into Hidden Cove. In
addition, monitoring measurements must occur where the on-site
stream enters the site from the east. Testing must take place
during both the wet and dry seasons of the year, and include
monitoring stations on steep slopes to monitor the interflow of
groundwater and surface water drainage. This monitoring program
shall be conducted, at a minimum, on a semi-annual basis. The
testing methods and results must be provided to the City Engineer
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 39
for his comment and approval. The monitoring program shall
continue, at least semi-annually, during and after construction
of roadways and utilities. The monitoring program shall be
conducted by the Applicant for a period of five years following
the recording of the final plat or the construction of homes on
80 percent of the lots within the project, whichever is sooner.
If, at any time during the program, monitoring test resu-Its show
a significant change in water quality or water quantity in the
streams or in the wetlands, then Applicant must take all steps
necessary to correct those changes to ensure the protection of
the salmon stream and environmentally sensitive wetlands located
on the site. The corrective action may include improving the
fish passability characteristics of the culvert under Hidden Cove
in a joint agreement with other property owners and the City of
Bainbridge Island. The results of the monitoring program shall
be provided to the Bainbridge Island City Engineer on a semi-
annual basis immediately after the monitoring has been done, and
shall include the Applicant's plan for correction ---,of any
deficiencies shown by that monitoring program. A follow-up
report, showing correction of the deficiencies found, must be
provided by the Applicant to the City Engineer within a
reasonable time. If the Applicant or its successors -in -interest
fail to conduct the monitoring program or fail to correct any
deficiencies shown by that program during its required existence,
then the City of Bainbridge Island shall have the right to notify
the Applicant of correction measures that need to be taken. If
those corrective measures are not taken within a reasonable time,
as specified by the City Engineer, then the City of Bainbridge
Island may perform the monitoring or remedial work necessary to
re-establish predevelopment standards for water quality and water
quantity in the stream beds or wetlands, and any costs of such
corrective actions shall be borne by the Applicant or its
successors -in -interest. Applicant shall maintain a bond to
ensure compliance with this monitoring program for the five-year
or 80 percent completion term set forth in this Condition.
17. The Applicant shall establish a homeowners' association
which will be bound by a Declaration of Protective Covenants,
Conditions, Restrictions and Reservations for the planned unit
development. All purchasers of property within the planned unit
development shall be bound by the Protective Covenants,
Conditions, Restrictions and Reservations ("CCRs") for the
planned unit development. -The provisions in the OCRs must
include the following:
a. Create a homeowners' association whose members
include all lot owners within the PUD.
b. Require the homeowners' association to be
responsible for monitoring the impact of individual septic
systems and stormwater drainage systems on the water quality
of the salmon stream and the quantity of water in the salmon
stream draining into Hidden Cove from the Applicant's
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 40
property. The homeowners' association will be required to
take over the monitoring program from the Applicant at the
expiration of its monitoring program, and to maintain a
similar system for monitoring which will detect and require
correction of any degradation below the predevelopment
baseline standards established by the Applicant's monitoring
program. The monitoring program shall then be operated and
maintained by fees assessed against members by the
homeowners' association.
C. The City of Bainbridge Island is to be named as a
third -party beneficiary of the CCRs, and the City must be
given authority to enforce the CCRs which have been required
as a Condition to final plat approval. All fees assessed by
the homeowners' association shall become liens against the
individual lots assessed, if unpaid.
d. The CCRs must include a provision which states
that, if the homeowners' association fails to monitor and
correct any adverse impacts or failures of the individual
septic systems or stormwater drainage or water quality
enhancement systems on the quality or quantity of water in
the salmon stream channel or wetlands on the property, then
the City may monitor and correct any deficiencies which
occur and charge the costs back to the homeowners'
association. The homeowners' association shall assess those
charges as liens upon the individual residential lots whose
owners are members of the homeowners' association.
e. In addition, the CCRs shall contain a provision
requiring a fee to be collected from each homeowner as a
part of the homeowners' association fee, which the
homeowners' association shall use to pay for the pumping of
septic tanks on each residential lot every three years. The
homeowners' association will provide the homeowner and the
City of Bainbridge Island with a certification every three
years that the individual septic system is working properly.
The City of Bainbridge Island shall have the right to
inspect the homeowners' association's records to ensure
compliance with this provision. The property deed for each
individual lot shall contain a provision granting the
homeowners' association and the City of Bainbridge Island
permission to enter on the lot for the purposes of septic
tank pumping, inspection and certification. The CCRs must
also include a provision that no owner shall contest the
formation of a utility local improvement district for future
sewer service as a remedy for on-site septic system problems
or for protection of environmentally sensitive areas.
f. The CCRs shall contain a statement about possible
impacts on water quality by the use of fertilizers,
pesticides and hazardous household materials, and a further
statement that the use of such substances is discouraged.
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 41
Each lot owner shall receive, as a part of the homeowners'
association OCRs, a copy of the "Hazardous Waste Pledge" and
a copy of "Safe Alternatives to Common Household Products,"
which are attached hereto as Exhibits B and C, respectively.
g. The CCRs for the homeowners' association shall
contain a provision prohibiting any use of the open -space
for dumping of grass clippings or other debris, and further
stating that there shall be no removal of vegetation or
downed trees in common areas unless a threat to public
safety exists or unless permission is granted by a committee
established for that purpose by the homeowners' association.
h. The CCRs shall contain a provision that the
homeowners' association will have responsibility for the
maintenance, preservation and protection of the open space
areas designated within the PUD. The homeowners'
association shall also be required to establish a fee for
collection from each homeowner as a part of the homeowners'
association fee, which the homeowners' association shall use
for the maintenance, preservation and protection of the open
space within the PUD.
18. Prior to any clearing or grading of the site, a
detailed, final drainage construction plan, including design
criteria and analysis, must be approved by the City Engineer. A
Hydraulic Project Approval Permit must be obtained from the
Department of Fisheries for any in -stream work and also for the
construction of the storm drainage system, if required by the
Department of Fisheries.
a. The storm drainage system for this project shall
be designed to meet or exceed the standards established by
Kitsap County, the City of Bainbridge Island, and the
Washington State Departments of Fisheries and Ecology. All
detention facilities shall be located outside wetlands
located on the property. The proposed detention standards
for these facilities shall provide a peak post -development
release rate during the two-year storm event of one-half of
the predevelopment rate in order to minimize erosion and to
minimize the impact on fisheries during the most critical
design storm. For other, less frequent storm events, up to
the 100 -year storm, the post -development release rate shall
be limited to the predevelopment rate. These standards,
which include the use of biofiltration swales, are intended
to protect the existing conditions in downstream systems.
The vegetated swale width should be expanded wherever
possible to increase water residence time, taking into
account that a nine -minute residence time has been
recommended by the State Department of Ecology .
(Exhibit 106). The City Engineer will determine the size of
the vegetated swales at the time of his review of the storm
drainage plan submitted by the Applicant.
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 42
b. The Applicant's storm drainage plan shall contain
design calculations, including an upstream and downstream
analysis. Precise sizing and location of the pipes, ponds,
swales and temporary erosion and sediment controls shall be
included in the d-esign plan.
C. The storm drainage plan must contain a provision
for the perpetual maintenance of the drainage swales,
detention ponds, and all stormwater facilities. The plan
must include a requirement that the drainage swales are
maintained with adequate vegetation, giving preference to
native vegetation.
d. The detention ponds in the stormwater management
system shall be designed to preclude the need for safety
fences around the ponds, provided that design is acceptable
to the Washington State Department of Fisheries.
e. All detention facilities, including septic
drainfields, ponds, swales, and associated construction
activities, will be located outside the wetlands and their
100 -foot wetland setback buffer areas.
f. Any portion of the stormwater conveyance system
and biofiltration system located on private property will be
privately maintained by the owner on whose property it is
located or by the homeowners' association if provided for in
the CCRs.
g. Upon completion of the stormwater management and
drainage facilities, the developer will be required to post
a five-year maintenance bond for the facilities. The
developer will be responsible for providing regular and
adequate maintenance during this five-year period, as well
as keeping adequate supportive maintenance records. During
this five-year period, the City will have the right to
inspect the maintenance records for the facility and require
any corrective maintenance that has been neglected by the
developer. At the end of this time period, the City will
inspect the system. If the system is performing as
designed, the performance bond will be released and the
developer shall then dedicate an easement to the City which
will allow maintenance of -the stormwater management and
drainage facilities. The stormwater management and drainage
facilities will remain in the ownership of the homeowners'
association, whose members will be required to pay a monthly
fee to the City for the maintenance of the storm drainage
system, once the City has accepted the system from the
developer and the bond has been released. The ownership of
the stormwater management and drainage facilities by the
homeowners' association and the homeowners' association's
obligation to maintain the facilities through payment of
fees to the City of Bainbridge Island shall be included in
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 43
the provisions set forth in the CCRs which are made a part
of final plat approval. In addition to the stormwater
management and drainage maintenance system charge, each
member of the homeowners' association shall be required to
pay, on a per lot -basis, a fee for annual inspection of the
stormwater management and drainage systems by the City.
This fee requirement shall also be included in the CCRs.
h. Prior to final plat approval, all necessary
easements shall be granted to the City of Bainbridge Island
to allow effective and efficient control of stormwater
runoff for this planned unit development. These easements
must be approved by the City Attorney prior to final plat
approval and will be recorded along with the final plat.
i. The homeowners' association CCRs shall provide
that no owner of a lot in this planned unit development
shall contest the future formation of a stormwater
management improvement district to include this property, if
one is determined to be necessary for stormwater management
at this site by the Bainbridge Island City Council.
j. The homeowners' association CCRs shall contain a
provision that requires residences in the development to use
water -conserving fixtures and features.
19. Each residential lot in this planned unit development
must receive a Building Site Approval ("BSA") from the Kitsap
County Health District prior to final plat approval. Each lot
shall set aside a reserve area suitable for use as an alternative
site for the septic drainfield, as required by the Kitsap County
Health District.
20. Easements for the construction and maintenance of all
utilities, including all underground utilities, shall be
designated on the final plat and recorded with the plat.
21. A 30 -foot no -disturbance buffer shall be delineated
along the rear lot lines of Lots 24 through 29 and for the 30 -
foot easement which is shown on Exhibit ill, along the rear lot
lines of Lots 18, 19 and 20.
22. All streams, steep slope areas of 40 percent and
greater, and all on-site wetlands shall be protected in permanent
open space tracts, as designated on the Applicant's site plan
(Exhibit 111). In addition, all common boundaries between
wetland buffer areas and residential lots shall contain signs of
a permanent wood or metal construction which designate the area
as a no -disturbance buffer for the protection of wetlands and
other environmentally sensitive areas located on the property.
The location and content of this permanent signing shall be
approved by the Director of Planning and Community Development
prior to approval of the final plat.
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 44
23. Except where necessary for the construction of
driveways and utilities, the removal of deciduous trees greater
than eight inches and evergreen trees greater than six inches in
caliper measured at a distance four feet from ground level shall
be prohibited on lots within this development in any portion of
the lot area which lies within 30 feet of a roadway or along a
common boundary with an adjacent lot. This prohibition an tree
removal shall not apply to the removal of dangerous, diseased,
dying or dead trees, or where there is a concern for public
safety. A 30 -foot tree preservation easement shall be designated
for each lot on the final plat, and the terms and conditions of
the easement shall be specified in the homeowners' association
CCRs. There shall be no structures or impervious surfaces built
or encroaching on any tree preservation easement area. Any tree
removed from the tree preservation easement shall be replaced
with a tree, of at least three feet in height, of a species
native to this area. Any tree preservation easement shown on the
final plat which is adjacent to a roadway shall-be\,delineated in
the lot area beyond any area of clearing or grading needed for
construction of roads, pedestrian access, storm drainage or
utilities service for the lot.
24. Prior to final plat approval, the Applicant must have
executed an agreement with the State Department of Transportation
and the Bainbridge Island City Engineer which details an approved
design and construction plan for an additional northbound right -
turn storage lane on SR 305 at the Day Road intersection, to
accommodate traffic destined northbound on Phelps Road. This
agreement must include a timetable for the construction of the
storage lane and a deadline for its completion. The Applicant
must also post a bond for the completion of the work, as required
by the Department of Transportation, and meet or exceed all
construction requirements and standards of the Washington State
Department of Transportation and the City of Bainbridge Island.
25. Prior to the issuance of building permits for more than
40 lots, or no later than two years from the date of final plat
approval, whichever is earlier, the Applicant shall construct
this additional northbound right -turn storage lane on SR 305 at
the Day Road intersection (Condition 24, above).
26. Prior to final plat approval, the Applicant shall
construct a four -foot wide pedestrian/bicycle lane and an
adjacent two -foot wide shoulder along Phelps Road from Hidden
Cove Road to Day Road, as it abuts the subject property. This
pedestrian/bicycle lane and shoulder shall be designed and
constructed to meet or exceed the standards specified by the
Bainbridge Island City Engineer.
27. The rights-of-way for all roads located within the
project site shall be 40 feet in width, to provide adequate space
for the cut -and -fill of slopes, construction of roads, pedestrian
access, and location of utilities. If the cut -and -fill of slopes
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 45
requires a wider right-of-way, then the lots adjoining that
right-of-way shall be reduced accordingly, or an easement may be
granted allowing necessary construction for those purposes.
28. The paved portion of the roadway for all rights-of-way
within the development shall be constructed at a width of 18
feet, with a three-foot vegetated shoulder constructed on each
side of the paved roadway. Clover is recommended as shoulder
vegetation.
29. Prior to final plat approval, the Applicant shall
submit a road plan for all roadways to be constructed within the
project site. This plan must receive approval by the City
Engineer. All roadways designated on that plan shall be
constructed prior to final plat approval. All paved roads within
this development must be constructed of a non -reflective blacktop
material. The road plan shall contain a design to accommodate
pedestrian traffic along the roadway, and shall include a
document showing an approval of the design by the Department of
Fisheries for that portion of the road which requires a stream
crossing by Road D. Prior to final plat approval, the Applicant
must show that they have obtained all Hydraulic Project Approval
("HPA") permits from the Department of Fisheries necessary for
the construction of roadways at the site.
30. There are four limited access roads which provide
access on the Applicant's site plan dated 2/19/93 (Exhibit 111)
to Lots 15 through 20, Lots 21 through 25, Lots 47 through 52,
and Lots 53 through 58. Those four limited access roads shall be
constructed to meet or exceed the same standards as public roads
within the site. Those four limited access roads, however, will
remain private and will be maintained by the homeowners'
association. Provisions for the maintenance of those private
access roads shall be contained in the homeowners' association
CCRs, which are to be filed before the final plat approval. All
roads in the development shall be constructed to meet or exceed
the construction standards of the City of Bainbridge Island and
be acceptable for dedication to the City as public roads upon
completion.
31. All road names in this subdivision/PUD shall be
approved by the City of Bainbridge Island prior to final plat
approval.
32. The final road plan submitted by the Applicant shall be
completed after a site distance study is conducted by the
Applicant at both the north and south entrances to the site. The
Applicant shall also construct a left -turn lane on Phelps Road at
its intersection with Road D and the project site. The left -turn
lane shall be constructed to meet or exceed standards approved by
the City Engineer. The final road plan shall include a timetable
and detailed plan for the completion of construction of the
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 46
shoulder, bicycle lane and left -turn lane improvements to Phelps
Road, prior to final plat approval.
33. Prior to final plat approval, the Applicant shall
construct two bus turn -out areas with bus shelters, one at each
of the project site road entries onto Phelps Road (one at Road A'
and one at Road D). These bus turn -out stops and shelters shall
be designed and constructed to meet or exceed standards approved
by the City Engineer, the Bainbridge Island School District and
Kitsap Transit, and shall be designed to safely accommodate bus
riders from the proposed residential development using either the
school bus or public transit.
34. Prior to the beginning of construction at the site, the
Applicant shall submit a plan for truck routes to the site,
including the specific work days and hours when construction will
take place. This plan shall be approved by the City Engineer
prior to the beginning of construction at the site..,
35. Prior to final plat approval, the Applicant shall
install a "Do Not Block Intersection" sign at the Day Road/Phelps
Road intersection. This sign shall meet the design requirements
of the City of Bainbridge Island and shall be approved by the
City Engineer prior to installation.
36. Prior to final plat approval, the Applicant shall
conduct a noise study for Lots 48, 49 and 50 to determine the
noise levels generated by SR 305 and other surrounding uses. If
the level of noise at those residential lots exceeds State of
Washington criteria for noise levels for residential use, then
the lots shall be redesigned to reduce noise levels or a plan
must be submitted for noise reduction improvements before
building permits may be issued for those lots.
37. The homeowners' association documents shall contain a
statement that the Washington State Department of Transportation
and the City of Bainbridge Island will not be responsible for
noise attenuation if the subject property experiences noise
levels in excess of the maximum allowed for the proposed
residential land use.
38. The Applicant's site plan dated 2/19/93 (Exhibit 111)
contains a roadway access for Lots 21 through 25. That roadway
access shall be moved and redesigned to be located between
Lots 21 and 22 on the site plan. That access road will be
designed to connect across Road D with the access road for the
newly located Lot 17, as set forth in Condition 1, above. These
new access roads will meet or exceed the standards for
construction of public roads as approved by the City Engineer.
The City Engineer must approve the new location of these access
roads prior to any clearing, grading or construction for the
roads.
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 47
39. The Applicant shall comply with the requirements of the
School Impact Fee Ordinance adopted by the City of Bainbridge
Island.
40. Prior to final plat approval, the Applicant must
dedicate to the City of Bainbridge Island, or its designee, the
parcel of land identified as Tract C on the preliminary plat/PUD
site plan submitted by the Applicant as Exhibit 111. This parcel
contains approximately 7.75 acres and is located in the
northeastern portion of the project site. In addition, the
Applicant must dedicate, prior to final plat approval, a 15 -foot
easement to the City of Bainbridge Island for public pedestrian
use of all of the recreation trails to be built by the Applicant
in the open space set aside for this project site. Easements for
the trail system use and maintenance and the dedication of park
property shall be shown on the face of the final plat and
recorded with the final plat.
41. Prior to the submission of a road and utilities plan
for approval by the City Engineer, the Applicant shall submit a
detailed plan for the development of public trails and other
recreation facilities to be constructed in the common open space
tracts, including the small neighborhood park identified as
Tract B in the 2/19/93 preliminary plat/PUD site plan. The
trails plan shall be submitted to the Department of Planning and
Community Development and the Bainbridge Island Parks District
for their comment and approval. The Applicant shall consider the
trails system recommended by Randall Arendt, consultant for the
City of Bainbridge Island, in drafting its proposed plan for the
Hidden Cove Estates open space trails. The Applicant shall also
include in the detailed trails plan a 15 -foot easement for public
pedestrian use which connects the Tract B playground park to the
State-owned property along SR 305 lying adjacent to the project
site. This easement shall connect with other trails to be built
in the open space of the Hidden Cove Estates project. The
Applicant shall complete all improvements described in this
approved trails and recreational facilities plan prior to final
plat approval.
42. Prior to final plat approval, the City Engineer shall
inspect the site of the old gravel pit located to the west of
Lots 38 and 39 on the western portion of the Applicant's
property. The City Engineer shall determine whether -a public
hazard exists at that site and whether any recontouring,
revegetation or other corrective action is necessary by the
Applicant prior to final plat approval. The City Engineer shall
notify the Applicant in writing of any corrective action required
at the site prior to approval of the final plat.
43. All buildings constructed as a part of this planned
unit development shall be built at a height no greater than 30
feet.
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 48
44. The development standards for a planned unit
development are described in Kitsap County Subdivision Ordinance
No. 20. On any lot where a tree preservation or no -disturbance
easement has been delineated, the setback shall be 10 feet from
the easemept, making the total setback measurement from the lot
line equal 40 feet. The Director of Planning and Community
Development may authorize a reduction in setbacks where the owner
can demonstrate that such reduction would be appropriate to
minimize filling, grading or alterations of natural features on
the lot.
45. All lots in this planned unit development shall have
lot coverage per lot of no more than 15 percent.
46. No more than 20 percent of any lot in this planned unit
development shall be covered with impervious surfaces.
47. Prior to final plat approval, the Applicant shall
submit a landscape enhancement plan for approval by the Director
of the Department of Planning and Community Development. This
detailed plan shall include vegetation and tree enhancement to
the perimeter buffer areas, if any is recommended by the
Director. The landscape plan shall also include details of the
types of vegetation cover planned for the shoulders of roadways
within the development and vegetation plans for drainage swales
and wetpond construction and maintenance.
48. The homeowners' association documents shall include the
following language, clearly written and conspicuously placed to
ensure a potential homeowner will be aware of the requirement:
"Fifty percent of the landscaping on all lots and throughout the
site shall consist of native vegetation." As a part of the
homeowners' association documents submitted prior to final plat
approval, the Applicant shall include a listing of possible
native vegetation recommended for use by property owners.
49. Existing natural vegetation shall be retained to the
maximum extent possible at this project site, except for areas to
be cleared for the construction of new buildings, as shown on the
site plan. The areas designated as open space and the natural
buffer areas shall have the following words depicted on the final
site plan: "Natural Vegetation To Remain". Exceptions can be
made -for the construction of roadways and recreational trails, as
previously discussed in Condition 10.
50. Approval of this subdivision/PUD by the Bainbridge
Island City Council does not authorize construction, grading,
preliminary preparation of the property, or any other development
in the absence of obtaining other required permits. Prior to
undertaking any activity on the subdivision/PUD, the developer
must obtain such permits as are required by law.
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 49
51. If new environmental impacts are discovered in the
process of the development of this site that are not now known,
the developer shall immediately notify the City of Bainbridge
Island Planning Department and the SEPA responsible official.
52. Prior to final plat approval, a homeowners' association
shall be established for this planned unit development. -Articles
of Incorporation and Protective Covenants, Conditions,
Restrictions and Reservations (CCRs) shall be approved by the
Bainbridge Island City Attorney. These CCRs will contain all
provisions required by these Conditions and any other provisions
deemed necessary by the City Attorney to accomplish the purposes
and goals described by the Conditions attached to the approval of.
this planned unit development. The City Attorney shall review
the homeowners' association documents to make sure that the
provisions contained therein will provide for the perpetual
maintenance of all facilities owned by the homeowners'
association, that provisions are included to maintain and protect
the open space set aside as a part of this planned unit
development, and to ensure that future homeowners in this planned
unit development are aware of all conditions of approval of this
subdivision/PUD and their duties thereunder. The approved
Articles of Incorporation of the Hidden Cove Estates Homeowners'
Association shall be filed, and the approved Protective
Covenants, Conditions, Restrictions and Reservations (CCRS) shall
be recorded, prior to final plat approval.
53. Prior to any clearing or grading of the site, the
Applicant must provide documentation to the Director of the
Department of Planning and Community Development, showing the
Applicant has obtained title to all tax title strips which were
located within the Applicant's project site.
54. This planned unit development approval shall be valid
for three years from the date of preliminary plat approval,
unless an extension is granted for one additional year, as
permitted by the Kitsap County PUD Ordinance.
55. The final plat filed for this planned unit development
shall conform with all conditions of approval of the preliminary
plat or any revisions thereto as approved by the Bainbridge
Island City Council. All conditions, which have been imposed and
are still applicable at the time of filing the final plat shall
be noted on the face of the final plat. Minor design revisions
may be permitted by the Director of Planning and Community
Development upon a finding by the Director that those revisions
are consistent with the Conditions of approval for the
preliminary plat.
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 50
56. This project may be developed in phases, and final plat
approval may be applied for at each phase. If the Applicant
chooses to develop the project in phases, then the application
for Phase I final plat approval shall include a phasing plan for
the remaining portion -of the site, along with a timetable_. for the
completion, of each.phase of the entire site development. The
City shall review an application for each phase's final plat
approval to ensure that all Conditions attached to the
preliminary plat have been complied with in a timely manner and
that the Applicant's division of the project into phases provides
for timely completion of the project and a reasonable schedule
for compliance with the Conditions imposed with approval of the
preliminary plat/PUD. The phasing plan shall include a detailed
description of what stormwater management facilities will be
completed at each phase, as well as a timetable for all other
infrastructure phasing.
57. The Applicant shall include in this project and be
bound by all buffers, minimum setbacks, wetland mitigation, road
improvements, monitoring programs, supplemental planting
agreements, recreational and park facilities, tree preservation
easements, stormwater control and water quality enhancement
systems improvements, water distribution system improvements, and
any other improvements which have been proposed by the Applicant
on plans, drawings or in statements utilized to gain this
preliminary plat approval with conditions.
SIGNED AND FILED this 2tSk day of June, 1993.
Robin Thomas Baker
Hearing Examiner Pro Tem
City of Bainbridge Island
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page S1
TRANSMITTED this5f
�/ — day of June, 1993, by mail to the
following:
North Washington Associates Limited Partnership
c/o Thomas Dao
Central Pacific Export/Import Corp.
1400 Post Oak Boulevard; Suite 809
Houston, Texas 77056
North Bainbridge Community Association
13184 Phelps Road NE
Bainbridge Island, WA 98110
Glenn J. Amster
Hillis Clarke Martin & Peterson
500 Galland Building
1221 Second Avenue
Seattle, WA 98101-2925
William C. Smart
Keller Rohrback
Suite 3200
1201 Third Avenue
Seattle, WA 98101-3052
Donna R. Duncan
Assistant to the Hearing Examiner
HAND DELIVERED this d7 day of June, 1993, to the
following:
City of Bainbridge Island Department of
Planning and Community Development:
Planning Director Stephanie Warren
Associate Planner Jane Allan
City of Bainbridge Island Mayor Sam Granato
Bainbridge Island Planning Commission Chairman Wayne Daley
Bainbridge Island City Engineer Tom Herriott
Donna R. Duncan
Assistant to the Hearing Examiner
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 52
NOTICE of Filing Findings of Fact, Conclusions of Law, and
Recommendation, and the document's availability for coing at
the Bainbridge Island City Hall, transmitted this day of
June, 1993, .by mail to, the following:
Peter Bang -Knudsen /
13176 Phelps Road NE
Bainbridge Island, WA 98110
Cynthia Baron V
7796 West Port Madison
Bainbridge Island, WA 98110
John Brotherton
14411 Madison NE
Bainbridge Island, WA 98110
Gerald F. Buck-'
Triad Associates
11415 NE 128th Street
Kirkland, WA 98034
Paul Carroll J
13706 Ellingsen Road
Bainbridge Island, WA 98110
Rob Crichton ./
10689 NE Manor Lane
Bainbridge Island, WA 98110
Kellan G. Eisenhardt �/
13088 Phelps Road NE
Bainbridge Island, WA 98110
John P. Ferguson ✓
Assistant Attorney General
900 - 4th Avenue
Suite 2000, TB -14
Seattle, WA 98164
Robert H. Gedney ✓
7540 NE Hidden Cove Road
Bainbridge Island, WA 98110
George Gerdts -
7861 Bucklin Hill Road
Bainbridge Island, WA 98110
Keith Hauschulz
13718 Ellingsen Road NE
Bainbridge Island, WA 98110
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 53
n
Elane S. Hellmuth,"
7861 Bucklin Hill Road
Bainbridge Island, WA 98110
Henry. R. Helm '/ -
10674 NE Manor Lane
Bainbridge Island, WA 98110
Bill and Sue Henshaw,
9067 NE Hidden Cove Road
Bainbridge Island, WA 98110
Bogue Hunt
7520 Hidden Cove
Bainbridge Island, WA 98110
Ken Keach —
13200 Phelps Road NE
Bainbridge Island, WA 98110
Gregory Kellogg
13184 Phelps
Bainbridge Island, WA 98110
Leigh Kennel--
P.
ennelP. O. Box 10089
Bainbridge Island, WA 98110
Peter and Jacquelin Konis —
13196 Phelps Road NE
Bainbridge Island, WA 98110
Vince Mattson-'-
9651
attson�9651 Green Spot Place NE
Bainbridge Island, WA 98110
Philip G. McCrudden
5664 Rose Avenue NE
Bainbridge Island, WA 98110
Dorothy Mock"
16091 Agatewood Road
Bainbridge Island, WA 98110
Dave Moore
9605 NE Timberlane Place
Bainbridge Island, WA 98110
Doug Pedersen
13190 Phelps Road NE
Bainbridge Island, WA 98110
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 54
Esther Ritzenthaler v�
14517 Henderson Road NE
Bainbridge Island, WA 98110
Andrew Schmid ✓
930 Madison Avenue N
No. 2
Bainbridge Island, WA 98110
Beth Schmoyer,
16510 Agate Point Road NE
Bainbridge Island, WA 98110
Judy Schneider ,/
9180 Lovgren
Bainbridge Island, WA 98110
Tom A. Shepherd
13240 Phelps Road NE
Bainbridge Island, WA 98110
William J. Shopes-
7892 NE Hidden Cove Road
Bainbridge Island, WA 98110
Helene Smart
15253 Washington Avenue
Bainbridge Island, WA 98110
Diane C. Thompson
9060 NE Spargur Loop
Bainbridge Island, WA 98110
Sharon Vonasch -
12221 - 7th Avenue NW
Seattle, WA 98177
Norris L. Wynn-/
12990 Phelps Road
Bainbridge Island, WA 98110
Julia Youngwirthvi
13250 Phelps Road
Bainbridge Island, WA 98110
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND RECOMMENDATION
Page 55
H
v
Donna R. Duncan
Assistant to the Hearing Examiner
HIDDEN COVE ESTATES SUBDIVISION/PUD
Appeal of Adequacy of FEIS
Exhibit Index
1. Environmental Checklist dated June 22, 1990, concerning 94 -lot
proposal
2. Revised Environmental Checklist dated November 5, 1990,
concerning 70 -lot proposal
3. Site Plan, 70 Lots, dated November 5, 1990
4. PLAT/PUD Application (70 lots) received by Kitsap County on
November 6, 1990
5. Memo from Lucille M. McGinnis, Land Use Hearings Coordinator
for Kitsap County, to various departments, dated November 11,
1990, concerning January 10, 1991 hearing before the Hearing
Examiner and December 14, 1990 technical review.
6. Letter from Robert B. Rodal of North Bainbridge Water Company
to Triad Associates, dated July 3, 1990, detailing conditions
under which it will provide water
7. Cover letter from .Kitsap County Department of Community
Development to City of Winslow Land Use Administrator, dated
July 19, 1990
7.A. Determination of Significance issued by Kitsap County
Department of Community Development dated July 19, 1990
8. Letter from Jerry R. Springer, Superintendent of Public
Utility District No. l of Kitsap County, to Triad Associates,
dated October 25, 1990, stating its willingness to assume
operational responsibilities and ownership of water system and
conditions which must first be met
9. Draft Environmental Impact Statement from Kitsap County, dated
December 1990
10. Letter from Doris R. Small, Regional Habitat Manager, State
Department of Fisheries, to Richard Kato, dated November 19,
1990, regarding stormwater management, with enclosures:
10.A. Draft of Stormwater Guidelines from Washington
Department of Fisheries, dated November 1, 1990
10.B. Memo from Washington Department of Fisheries to Persons
Interested in Stormwater Management, dated November 6,
1990, which attached the Draft of Stormwater Guidelines
EXHIBIT A
11. Notice of Public Hearing dated January 14, 1991, regarding 94
homes on DEIS January 28, 1991
12. Comments on DEIS dated January 30, 1991 from School Board,
Kitsap County Department of Public Works, State Department of
Transportation, State Department of Wildlife, State Department
of Ecology, Jill Bamburg, RBI, David Moore, Hilary Klein, Bob
and Joan Grant, Gary Benjamin, Edward Selfors, Gregory
Kellogg, ABC, Sandra Shopes, Paul Carroll, Norm Wooldridge
13. Letter from H.G. Portrey, Bremerton-Kitsap County Health
District, to Karlynn Haberly, Kitsap Hearing Examiner, dated
January 30, 1991, concerning sewage disposal and water
14. Letter from Peter J. Eglick & Associates, attorneys for School
District, to Rick Kimball of Kitsap County, dated January 30,
1991, regarding impacts on School District, with attachment
called "An Overview of School District Fundinig,and Budgeting"
15. Memo from Bruce Oyloe, Hydraulics, to Rick Kimball, SEPA
Coordinator for Kitsap Department of Public Works, dated
February 14, 1990 (sic), stating anticipated conditions for
approval if Kitsap County were the reviewing district
16. Letter from Sally H. Clarke to Stephanie Warren, dated
February 27, 1991, forwarding transcription of hearing on DEIS
held January 21, 1991 (sic) and transcription
16.A. Letter to Rick Kimball, returning tapes to him
16.B. Transcription of January 21 hearing
17. Legal Notice dated April 19, 1991, regarding technical staff
review meeting for May 7, 1991, with Hidden Cove on the agenda
18. Letter from Triad Associates to Jane Allan, dated April 25,
1991, enclosing ten sets of prints that include current
proposal and a site plan modified based on comments from other
agencies and public during review of DEIS
18.A. Original site plan and site plan revised March 25, 1991
18.B. Site plan revised September 19, 1990
19. Memo to Technical Review Committee -from Jane Allan, dated
April 30, 1991, enclosing preliminary plat/PUD revised to
address comments received on DEIS, and a copy of DEIS
19.A. Copy of same, with handwritten comments to Bill from
Jane Allan
20. City of Winslow Technical Staff Review Committee forms for
Hidden Cove, stating that comments are due June 5, 1991
2
O
21. Letter to Stephanie Warren from William Bleakney, dated May 7,
1991, again registering School District concern about project
impact
22. Technical Staff Review Department Comments from City Engineer,
Richard Kato, dated May 10, 1991
23. Memo from Winslow Police Department, dated May 15, 1991,
stating concerns about proposed development
24. Memo to Bill Bryan from Jane Allan, dated May 16, 1991,
stating need for comments prior to June 5, 1991
25. Letter from Chuck Field, Bainbridge Parks Department, to Jane
Allan, dated May 30, 1991, with comments on project
26. Letter from Malaina Bowker, Project Manager, The .Ferris
Company, to Stephanie Warren, dated June 51'1991, enclosing
FEIS and describing organization of document `
27. Memo to Rich Kato from Jane Allan dated June 10, 1991,
requesting comments on DEIS before June -18, 1991
28. Letter to Stephanie Warren from Kato & Warren dated June 25,
1991, regarding technical comments on FEIS
29. Letter to Jane Allan from Mark F. Crowthers, Kitsap County
Fire Protection District No. 2, dated September 13, 1991,
regarding comments on fire protection
30. Letter from Malaina Bowker, Project Manager, The Ferris
Company, to Jane Allan,.dated September 24, 1991, enclosing
Preliminary FEIS and details of 75 -foot perimeter buffer along
Phelps Road, 0.4 acre open space neighborhood park, and
7.5 acre open space tract dedicated to Bainbridge Island Parks
and Recreation for future development, and changes to the
Schools' summary and response
31. Letter from H.G. Portrey, Bremerton-Kitsap County Health
District, to Karlynn Haberly, Kitsap County Hearing Examiner,
dated January 30, 1991, faxed to Jane Allan on October 23,
1991, stating recommendations for sewage disposal and water
32. Letter of Transmittal from Malaina Bowker to Jane Allan,- dated
October 17, 1991, with copies of Revised Site Plan and
Alternative 3 Site Plan
33. Letter from Malaina Bowker, The Ferris Company, to Jane Allan,
dated October 31, 1991, forwarding 80 copies of Hidden Cove
FEIS and 45 copies of Notice of Availability for distribution
3
34. Final Environmental Impact Statement from City of Winslow,
dated November 1991
35. Three pages of mailing labels (distribution list)
36. Appeal signed by Elane S. Hellmuth, Gregory L. Kellogg, and
William and Sandra Shopes, dated November 14, 1991, with
copies of check and receipt for filing fee
37. Copy of Legal Notices section of The Bainbridge Review, dated
November 20, 1991, showing Notice of Availability of FEIS
38. Letter from Jane Allan to Jerry R. Springer, Superintendent,
Kitsap County Public Utility District No. 1, undated,
enclosing copy of appeal, and explaining that it seems to be
mostly based on adequacy of water and noting that it appears
the PUD has agreed to assume operational responsibilities and
ownership of Hidden Cove Water System under certain conditions
39. Letter from Jane Allan to H.G. Portrey, undated, enclosing
copy of appeal and noting that it seems to be based on water
inadequacy
40. Letter from H.G. Portrey, Environmental Health Specialist,
Bremerton-Kitsap County Health District, undated but faxed on
January 7, 1992, to Jane Allan, noting that applicant must
prove available water supply
41. Letter to Stephanie Warren from Richard Kato, dated
January 16, 1992, commenting on their review of project to
date
42. Memo to Wayne Daley from Lyon McCandless, dated January 24,
1992, regarding management of maintenance and operation of
recreational areas, and attaching proposed management plan
43. Letter from Charles D. Boatman, Associate Scientist, Converse
Consultants NW, to Sandra Shopes, Bainbridge Island Citizens
Committee, dated January 22, 1992, transmitted via fax by
Wayne Daley to Jenny, City of B.I. Land Use, on February 21,
1992, re evaluation of Water Quality section of EIS
44. Letter from Stephanie Warren, Bainbridge Island Land Use, to
Sally Clark, Hillis Clark Martin & Peterson, and Gregory L.
Kellogg, undated, re procedures for processing SEPA appeal
45. Planning Agency Meeting Minutes, January 23, 1992 (unapproved
draft)
46. Memo from Lois Curtis, Planning Agency member, to Bainbridge
Island Hearing Examiner, dated January 27, 1992, commenting on
staff recommendations and proposed conditions
4
47. Memo from the Chair of the Planning Agency (Daley) to the City
of Bainbridge Island Hearing Examiner, dated January 29, 1992,
re hearing before the Planning Agency
48. Handwritten note -from Lois to Jane, dated January 31, 1992,
returning Notes on Planning Agency Public Hearing of
January 23, 1992
49. Letter from Gregory L. Kellogg, Co -Chair, North Bainbridge
Community Association, to Stephanie Warren, Lane Use
Administrator, dated February 26, 1992, transmitting motion to
amend SEPA appeal to Final EIS
50. Memo from Jane Allen, Project Manager, Land Use, to Rod
Kaseguma, City Attorney, dated March 2, 1992, transmitting
amendment to SEPA appeal as well as original appeal
51. Letter from Sally H. Clarke, Hillis Clark Martin & Peterson,
to Stephanie Warren, Land Use Administrator, dated March 5,
19921 transmitted via fax by Jane Allen to Rod Kaseguma
(undated), objecting to motion by.North,Bainbridge Community
Association seeking to amend SEPA appeal
52. Letter from Rod P. Kaseguma, Inslee, Best, Doezie & Ryder,
P.S., to Gregory L. Kellogg, dated March 13, 1992, re meeting
between representatives of the City, the appellants and the
applicant on March 19, 1992
53. Reference material re wetland guidelines
54. Letter from Sally H. Clarke, Hillis Clark Martin & Peterson,
to Jane Allen, Lane Use Department, dated March 17, 1992, re
scheduling of hearing before the Hearing Examiner
55. Invoice Summary Sheet from Kato & Warren to Sally Clarke dated
March 27, 1992, re invoices dated December 15, 1991,
January 15, 1992 and February 15, 1992
56. Letter from Stephan A. Kalinowski, Habitat Biologist, to
Katherine McKee, Triad Associates, dated April 2, 1992, re
Preliminary Plat of January 10, 1992 and earlier concerns
noted by Ron Fox
57. Companion of SEPA Appeal Process, comparing City ordinances in
effect prior to and after February 20, 1992
58. Letter from Sally H. Clarke, Hillis
to Jane Allen, Lane Use Department,
invoices from Kato & Warren
5
Clark Martin & Peterson,
dated April 13, 1992, re
34. Final Environmental Impact Statement from City of Winslow,
dated November 1991
35. Three pages of mailing labels (distribution list)
36. Appeal signed by Elane S. Hellmuth, Gregory L. Kellogg, and
William and Sandra Shopes, dated November 14, 1991, with
copies of check and receipt for filing fee
37. Copy of Legal Notices section of The Bainbridge Review, dated
November 20, 1991, showing Notice of Availability of FEIS
38. Letter from Jane Allan to Jerry R. Springer, Superintendent,
Kitsap County Public Utility District No. 1, undated,
enclosing copy of appeal, and explaining that it seems to be
mostly based on adequacy of water and noting that it appears
the PUD has agreed to assume operational responsibilities and
ownership of Hidden Cove Water System under certain conditions
39. Letter from Jane Allan to H.G. Portrey, undated, enclosing
copy of appeal and noting that it seems to be based on water
inadequacy
40. Letter from H.G. Portrey, Environmental Health Specialist,
Bremerton-Kitsap County Health District, undated but faxed on
January 7, 1992, to Jane Allan, noting that applicant must
prove available water supply
41. Letter to Stephanie Warren from Richard Kato, dated
January 16, 1992, commenting on their review of project to
date
42. Memo to Wayne Daley from Lyon McCandless, dated January 24,
1992, regarding management of maintenance and operation of
recreational areas, and attaching proposed management plan
43. Letter from Charles D. Boatman, Associate Scientist, Converse
Consultants NW, to Sandra Shopes, Bainbridge Island Citizens
Committee, dated January 22, 1992, transmitted via fax by
Wayne Daley to Jenny, City of B.I. Land Use, on February 21,
1992, re evaluation of Water Quality section of EIS
44. Letter from Stephanie Warren, Bainbridge Island Land Use, to
Sally Clark, Hillis Clark Martin & Peterson, and Gregory L.
Kellogg, undated, re procedures for processing SEPA appeal
45. Planning Agency Meeting Minutes, January 23, 1992 (unapproved
draft)
46. Memo from Lois Curtis, Planning Agency member, to Bainbridge
Island Hearing Examiner, dated January 27, 1992, commenting on
staff recommendations and proposed conditions
4
47. Memo from the Chair of the Planning Agency (Daley) to the City
of Bainbridge Island Hearing Examiner, dated January 29, 1992,
re hearing before the Planning Agency
48. Handwritten note -from Lois to Jane, dated January 31, 1992,
returning Notes on Planning Agency Public Hearing of
January 23, 1992
49. Letter from Gregory L. Kellogg, Co -Chair, North Bainbridge
Community Association, to Stephanie Warren, Lane Use
Administrator, dated February 26, 1992, transmitting motion to
amend SEPA appeal to Final EIS
50. Memo from Jane Allen, Project Manager, Land Use, to Rod
Kaseguma, City Attorney, dated March 2, 1992, transmitting
amendment to SEPA appeal as well as original appeal
51. Letter from Sally H. Clarke, Hillis Clark Martin & Peterson,
to Stephanie Warren, Land Use Administrator,�dated March 5,
1992, transmitted via fax by Jane Allen to Rod Kaseguma
(undated), objecting to motion by.North,Bainbridge Community
Association seeking to amend SEPA appeal
52. Letter from Rod P. Kaseguma, Inslee, Best, Doezie & Ryder,
P.S., to Gregory L. Kellogg, dated March 13, 1992, re meeting
between representatives of the City, the appellants and the
applicant on March 19, 1992
53. Reference material re wetland guidelines
54. Letter from Sally H. Clarke, Hillis Clark Martin & Peterson,
to Jane Allen, Lane Use Department, dated March 17, 1992, re
scheduling of hearing before the Hearing Examiner
55. Invoice Summary Sheet from Kato & Warren to Sally Clarke dated
March 27, 1992, re invoices dated December 15, 1991,
January 15, 1992 and February 15, 1992
56. Letter from Stephan A. Kalinowski, Habitat Biologist, to
Katherine McKee, Triad Associates, dated April 2, 1992, re
Preliminary Plat of January 10, 1992 and earlier concerns
noted by Ron Fox
57. Companion of SEPA Appeal Process, comparing City ordinances in
effect prior to and after February 20, 1992
58. Letter from Sally H. Clarke, Hillis
to Jane Allen, Lane Use Department,
invoices from Kato & Warren
6
Clark Martin & Peterson,
dated April 13, 1992, re
59. Letter from Sally H. Clarke, Hillis Clark Martin & Peterson,
to Stephanie Warren, Planning Director, dated April 22, 1992,
re SEPA appeal procedure
60. Letter from Stephanie Warren, Director, Planning and Community
Development, to Sally Clarke and Gregory L. Kellogg, dated
May 6, 1992, re discussion of March 19, 1992 and decisions
concerning pending EIS appeal
61. Notice of Public Hearing
62. Fax Transmittal Form, submitting Notice of Public Hearing for
publication in The Sun, May 15, 1992
62.A. Affidavit of Publication by The Sun
63. Fax Transmittal Form, submitting Notice of Public Hearing for
publication in The Bainbridge Review, May 15-,,1992
64. Affidavit of Posting Notice of Public Hearing at City Hall,
the Chamber of Commerce and the Ferry Terminal, May 26, 1992
65. Affidavit of Mailing Notice of Public Hearing to adjacent
property owners and other interested persons, May 26, 1992
66. Certificate of Posting Notice of Public Hearing at three
places on the subject property, by Public Works Department,
May 27, 1992
67. Fax Transmittal Form, submitting Notice of Rescheduling of
Public Hearing (changing date to July 7) for publication in
The Sun, dated May 29, 1992
67.A. Affidavit of Publication by The Sun
68. Fax Transmittal Form, submitting informal notice of
rescheduling of public hearing (changing date to July 7) for
publication in The Bainbridge Review, dated May 29, 1992
69. Affidavit of Posting Notice of Public Hearing (for July 7
hearing) at three places on the subject property, dated
July 7, 1992
70. Affidavit of Mailing Notice of Public Hearing (for July 7
hearing) to adjacent property owners and other interested
persons, July 7, 1992
71. DEIS Site Plan - 94 Lots
72. FEIS Site Plan - 94 Lots
73. FEIS Site Plan Exhibit - 94 Lots
11
G
74. Staff Report, by Jane Allan, Project Manager, to Winslow
Planning Agency, dated January 18, 1992
75. Planning Agency Meeting Minutes, February 13, 1992
76. Current Site Plan Exhibit - 72 Lots
77. Vegetated Wet Pond and Swale Diagram
78. Letter from Stephan A. Kalinowski, Habitat Biologist, State of
Washington Department of Wildlife, to Katherine McKee, Triad
Associates, dated April 2, 1992, indicating no further
concerns
79. Resume of Daniel T. Matlock, Principal Hydrogeologist with
Pacific Groundwater Group
80. Letter report from Dan Matlock, Principal,, Hydrogeologist,
Pacific Groundwater Group, to North Washing�b'on Associates,
Attn: Ms. Katherine McKee, dated May 22, 1992, summarizing his
hydrogeologic analysis
81.
Affidavit
of Donald
R. Strong,
undated, regarding well test
82.
Resume of
Kenneth J.
Raedeke of
Raedeke Associates, Inc.
83.
Resume of
Richard W.
Lundquist
of Raedeke Associates, Inc.
84.
Resume of
Thomas J.
Smayda, Senior
Aquatic Scientist
85.
Order of Disqualification by J.
Robin Hunt, dated February 4,
1992
86. Letter from Phyllis Meyers, Fisheries Environmental Program
Manager, The Suquamish Tribe, to Robin Hunt, Hearing Examiner,
dated March 131 1992 (forwarded to Robin Baker on March 25,
1992)
87. Memo from Jane Allan, Project Manager, to Robin Baker, dated
June 16, 1992, regarding Appeal of Final EIS
88. Hearing Memorandum dated July 7, 1992, submitted at the public
hearing by Glenn J. Amster of Hillis Clark Martin & Peterson,
attorneys for Applicant
89. Letter from Sally H. Clarke of Hillis Clark Martin & Peterson,
to Robin Baker, dated May 13, 1992,. stating procedural
objections to appeal filed by Kellogg, Hellmuth and Shopes
90. Letter from Sally H. Clarke of Hillis Clark Martin & Peterson,
to Robin Baker, dated May 26, 1992, regarding inaccuracies in
Notice of Public Hearing and rescheduling it for a later date
7
91. Letter from Sally H. Clarke of Hillis Clark Martin & Peterson,
to Robin Baker, dated May 29, 1992, withdrawing their
objection to the City's acceptance of the appeal
92. Brief of Appellants, dated July 4, 1992, by Greg Kellogg and
William C. Smart of Keller Rohrback, attorneys for Appellants
[this document is in a separate, three-ring binder]_
93. Resume of Andrew C. Kindig, Associate/Water Quality Division
Manager, Beak Consultants Incorporated
94. Report, "Hidden Cove: Methods for the Numerical EPA Model for
Total Suspended Solids Removal Analysis in Wet Detention
Ponds," prepared by Beak Consultants Incorporated
95. Supplemental Memorandum of Authorities dated July 14, 1992,
submitted at the public hearing by Glenn J. Amster of Hillis
Clark Martin & Peterson, attorneys for Applicant
96. United States v. State of Washington, 506 F. Supp. 187 (1980)
97. Polygon Corp. v. City of Seattle 90 Wn.2d 59, 578 P.2d 1309
98. Public Hearing Sign -In Sheet, July 7, 1992
99. Public Hearing Sign -In Sheet, July 8, 1992
100. Public Hearing Sign -In Sheet, July 14, 1992
101. Reply to Applicant's Supplemental Memorandum of Authorities,
dated July 20, 1992, by William C. Smart of Keller Rohrback,
attorneys for Appellants
102. Letter from Sally Clarke to Robin Baker dated July 27, 1992,
commenting on Appellants' reply brief
103. Report, Findings of Fact, Conclusions of Law, and
Recommendation, by Robin Baker, Hearing Examiner Protem, dated
August , 1992
0
e:
p
lr Jim
i
I will protect my community, its children, our environment,'diid the watershed and Puget
Sound that we share.
1. If I change my automotive oil, I will NEVER pour it on the ground or down a drain but will
take it to a recycler (call 1 -800 -RECYCLE for a recycler near you; or bring oil to a house-
hold hazardous waste collection),
2. When shopping, I will watch for the words DANGER, WARNING, and CAUTION on
product labels, and will buy the least hazardous product possible for the job (CAUTION is
least, WARNING is next, and DANGER is most hazardous).
3. Whenever I buy a hazardous product, I will strictly follow label directions on safe use and
disposal of the product. I will buy only the quantities I know I need, and not -buy extra
amounts that I might have to dispose of later..
4. For cleaning tasks, I will use "elbow grease" and non -hazardous alternative cleaners like
vinegar, salt, or baking soda where these are effective.
5. To control household and garden pests, I will practice careful pest management, using toxic
pest control products as a last resort and in strict accordance with the label, and will choose
less hazardous alternatives when possible.
6. If I have oil, paints, thinners, pesticides, and other hazardous items that I need to dispose of,
I will NEVER do so by pouring them down household or storm drains, onto the ground, or
throwing them into the trash.
7. When I have leftover hazardous products, I will use them up according to�the label (for sol-
vents and thinners, this may require cleaning for reuse), or give them to a friend who will use
them properly.
8. If I have hazardous products that I can't use appropriately, I will save them and bring them to
a household hazardous waste collection (scheduled in 1990 for April, June, July, September,
and November).
PLEASE TURN OVER FOR, t!OREMORMAT!ON!
s•• o• o e• o•+ a• e e e e o••• e a. • e• a e• e e e e• e e e• e• r•• o• e o• e• o o•+ e r e o ��
CUT ALONG DOTTED UNE
Please return to:
Name:
Address:
YES, I'll keep the Hazard Free Community Pledge!
Zip:
44. ;iN4� „YA1s '5... - r 1{ ,, 7\ .'„ Tf';� -s.•'�.rrhf: s"�^4r. y- ,.+
4{> -n iy�:. ,...Y:5.�1.•., ,y 1 ;ft tt t. .y r % ;`e'r,r t� rfr. -tY H. �'-� :��.� `.�,_r3 . ,-1 :-,"• t r �'+.i 7-t'yt2t�
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':t _ .,}.1t. .r Y �,::- us .4,n � t .+�';: ...:+...:1« .. r 4 's -.Ti F r rRSV�<•��.-.T....ti_7 4'.
t TO C
�HOUS�I��;1
al iv11lfzau11 Nlv-,MhN'ants w+th soapy walc'rar
tcesoffaad,andwats'i. .. ,,
:esssty `
gaisalt and flour Bc sure to rinse completely `.` i
osion
sp botax plus one squc. zeafacmon iri.quartaf
tc�uidsoapandwate[orbalungsoda ;
�,ir, salt and:Ilour Desure to r}nse completely
osron
tical,clhcnyiscusesghItevncbar
jYilt� a l+quid soap or Hold detcr�urt is pr+.fetablc ta,
itvmNrr de(eru nts,I
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ecbce:unshu��tcs,tlains..
uomvjcjP,,, utgarucncu5c;vccruwsor;:
ncfddsltPY 5 ern ' <ti i -
tt5� oonas?nssiilc asb�utflsmRchl'iqu
�ci 11) 'FA 61 taips,SaChsttotrytoldw:
c det�tgcnt �tiit,`tlon t 4�b,.� -
ip ryhiEc vin���r�uj��d lurch wanittvalcr
Nblshcd bymct,."eirimuI t ,
nlca tions dlvlsfon U, the tfetro print shop '. -
~
Weed killer; insecticides' " '; `
e unwanted pesticides'to a'health Hepartment
Poisonous -' : ? < "-Ima
�•
-
slug bait;trose dust, inothballs::
i ' :`- ection site. Cal( HAZARDS L1N) for I 'attons.
40
v
flea and ioac powder, etc: ;.
ticides that iie pot banned`• or testricted us4'
l . y'be'used up according to.la6el direetions•or-the
x
t
unused"portions offered to -others who cad use them.
c :.
"'Wood preservatives,,
Poisonous and flammable
Dispose exactly as for pesticides:. Wood'presgniatives
N
JJ i
containing creosote and pen tachlorophenoFare now
banned from sale:
v
Empty pesticide
containers.
' Poisonous residue "' ;
.Triple rinse container using rinse water as full
°'
i
r
strength gestic' e_ Wrap empty cohUdnq in plastic .
bag and discard in trash
`
Oil- or water
base paints..*.* :
Flammable:. ! •' '.
If paintcontains lead lake to a chemical reprocessor,
Otherwise, rise up according tb'.label directions or •.
offer unused;portions,fo ethers who can itse�them. _
+
-
_
To dispose of less_ than'a..quart,'let.lkq id evaporate
outdoors away from children pets. Discard •;
>
o
_ I"
l
''•
=+'
resulting canof.dried 'up paint in trash.' -
Paint thinner
rustzemct e02.Flammable
'. ;'
:Use upiccordmg to Iabel ;directions or offer unused
turpentirie,'f�rltititre
stripper
r _`-5 r
: portions'tootherswho can! use them.' Reuse paint
y
a
other solvent
�ti' `
thinner liy in th2 contimihated liquid set aside '
in'a closed jar until the painf particles settle'out.
'Strain'off the dear liquid. fol reuse. Wrap remaining
'
paigf s)'udgeari plastic and discard in trash: Ca)l . '
< •
='%'''
.HAZARDS UNE for. further:*ptions, l
Waste motor
orl
:Poisonous'and flammable'
Retyde' Cell the Recycle Hotline;' 1-500 RECYCLE,.'.
for locations Vi'your neighborhood.
0.
cAntifreeie
; v t '
gotsonoug and flammable
-Never pour down a storm.drain or -into a Septic tank.''
Pout.diiwn toilet orsink if connected'to central: .`
A
-sewerage system. Call H4ZARDS L1NE'for disposal.
o.
i
`• _ i '
"infofmation if -you are not:connected to the central
sewerage system: - -
Car battenes
Corrcisive'�aad) ;, S `
_Trade in for. riew.batter� or take to'speciaf'recyding '
centers. CaU.HAZARDS LINE for locations"
wDrain
opener
bowl cleaners
•,'oven and toilet,
bleach • : "` ;• '
:Corrosive and poisonous.
.Use up�acco4ng to label'directicids or offer t{nused '
portions to others who.can:use'them:
a
v
Furniture polish;
-s t"iern6vers
);laminable ;' 'i'
Use'ttp according to label directions or offer unused*.
U•
i I
- •
portions to others:who'can use them. '
Hobby cfiemicels
from crafta;�: ;
.'Varies °
Call HAZARDS UNE i'or disposal of specific "
photographyrlab'sets,
etc.:
chemicals.
J�
Pool chemicals
`
.Corrosive, and. poisonous
Use up"according to label -directions or offer unused•
'
t
_
• :
portions -to otlieis who can use'them. Call ," .:
Y iAZARDS -UNE for further -options- : • i " .
V
O.ut dated in�diciries;:.;
'.
Varies . - -
'Call -HAZARDS LINE: -
Fluorescent l;ght
fixture4: :;�
.Poisonous,and :.�'.;i%:;
-Call HAZARDS LINE. forinforrnation on how to
containing P
$s "
cartindgentc f
remove light fixture. Take: fixtures to a Health
' .
Depart ment.coflectron;site::Call HAZARDS LINE for
. '
-
- .. ;'•
locations. .
Key To Hazardous Effec s i
Poisonous—Acutely toxjc. Poisons can cause severe illness or' death`if:ingested.
= `�
Many can be absorbed dir}ectly through the skin or respiratory system.
�'
Flammable—Many flam1mable- prodticis contain. petroleum tiistillates.or.other_
solvents thm-are skin, eye and.respirotory irritants. Carr be fatal if ingested. Many. .
1.
are *Vola tile, emit harmful vapors, and should be used only With proper ventilation.'. '
Corrosive—Any'extremely-acid ot. alkaline product is corrosive;They can cause. t
severe burns on contact; 3apors can burn eyes and mucous membranes and they are , S
very if ingested.'
poisonous
Carcinoeenic—Cancer-causinc. _
Nblshcd bymct,."eirimuI t ,
nlca tions dlvlsfon U, the tfetro print shop '. -
RECEIVED
t SEP 01 1993
CITY Of BAINBRoa ISLAND
CITY OF BAINBRIDGE ISLAND HEARING EXAMINER
Application for Hidden Cove
Estates Subdivision/PUD by
North Washington Associates
Limited'Partnership
Application No.
KPUD 06-29-90-1
DECISION ON MOTION
FOR RECONSIDERATION
The Applicant, North Washington Associates Limited'
Partnership, filed on July 1, 1993'a Motion for Reconsideration: -
of the Findings of•Fact, Conclusions of Law, and Recommendation
of the Hearing Examiner,. entered June -21,' 1993-. 'After a review,
of the Applicant's motion and.supporting-documents, a review of
the Statement in opposition to Applicant's Motion For
Reconsideration and supporting documents filed by William Smart
on behalf - of North Bainbridge Island Community Association, and a`
review of the Recommendation as entered, 'the Hearing Examiner -
finds that three conditions -require clarification The final
Recommendation of the Hearing Examiner is now, therefore, revised-
as
evisedas follows:
Finding of Fact No. 43, which is found on page 30 of the
original decision, is hereby amended to read as follows:
DECISION ON MOTION FOR RECONSIDERATION
Page 1
Q
The Applicant has designated buffer areas around
all wetlands and around the perimeter of the site. In
addition, each lot contains a tree preservation
easement, which will provide additional buffer from
adjoining properties. The Applicant has agreed that no
construction, clearing or grading will occur within any
wetland or buffer area except where Road D crosses the
stream at the southwestern end of the property or where
a pedestrian recreation trail may cross a wetland or
buffer area.
Condition No. 10 to the Recommendation, which is found on
page 38 of the original decision, is amended as follows:
No clearing or grading shall encroach upon or
intrude into the wetland, stream or perimeter buffer
area, except where.Road D crosses the stream at the
southwestern edge of the property or where a pedestrian
recreational trail may cross a wetland or buffer area.
Condition No. 16 of the original Recommendation, found*on
page 39, is now amended as follows:
16.A. Prior to final plat approval, the Applicant
shall establish a monitoring program, approved by the
City Engineer, which will verify the effectiveness of
the Applicant's proposed stormwater control and water
quality enhancement facilities. This monitoring
program shall include baseline studies done by the
Applicant prior to any clearing or grading on this
site, to determine the water quality of -the on-site
stream and the central wetland. The .monitoring program
shall include, at a minimum, monitoring sites on the
subject property where drainage exits the site on the
north, where the on-site stream enters the site from
the east, and on steep slopes for monitoring of
groundwater interflow.• Criteria for testing methods
and frequency of testing shall be set forth in the
monitoring program.
Testing must take place during both the wet and
dry seasons of the year, and shall be conducted, at a
minimum, on a semi-annual basis. The testing methods
and results must be reported to the City Engineer for
his comment and approval. The monitoring program shall
continue, at least semi-annually, during and after
construction of roadways and utilities. The monitoring
program shall be conducted by the Applicant for a
DECISION ON MOTION FOR RECONSIDERATION
Page 2
E
period of five (5) years following the recording of the
final plat or the construction of homes on eighty
percent (80%) of the lots within the project, whichever
is sooner.
Predevelopment water quality is to be maintained
on the site. If, at any time during the program,
monitoring test results show a significant change in
water quality in the streams or in the wetlands, then
the Applicant must take all steps necessary to correct
those changes to ensure the protection of the salmon
stream and environmentally sensitive wetlands located
on the site. The monitoring program shall include the
criteria to determine what constitutes "a significant
change in water quality."
The results of the monitoring program shall be
provided to the Bainbridge Island City Engineer
immediately after the monitoring has been done, and
shall include the Applicant's plan for correction of
any deficiencies shown by that monitoring program. A
follow-up report, showing correction of the
deficiencies found, must be provided by the Applicant
to the City Engineer within.a reasonable time. If the
Applicant or its successors -in -interest fails to
conduct the monitoring program or fails to correct any
deficiency shown by that program during its required
existence, then the City. of Bainbridge Island shall
have the right to notify the Applicant of corrective
measures that need to be taken. If those corrective
measures are not taken within a reasonable time, as
specified by the City Engineer, then the City of
Bainbridge Island may perform the monitoring and/or
remedial work necessary to reestablish predevelopment
standards for water quality in the stream bed or
wetlands, and any costs of such corrective action shall
be borne by the Applicant or its successors -in -
interest. Applicant shall maintain a bond to ensure
compliance with this monitoring program for the five-
year or eighty percent completion term set forth in
this Condition.
16.B. Prior to final plat approval, the Applicant
shall establish a monitoring program, approved by the
City Engineer, which will verify the effectiveness of
the Applicant's proposed stormwater control facilities
and will verify the maintenance of predevelopment water
quantities in the stream and wetlands. This monitoring
program shall include baseline studies done by the
Applicant prior to any clearing or grading on the site,
to determine the quantity of water that flows through
the.on-site stream in the central wetland in both wet
and dry seasons prior to any development. The
monitoring program shall include, at a minimum,
DECISION ON MOTION FOR RECONSIDERATION
Page 3
monitoring sites on the subject property where the
drainage exits the site on the north, where the on-site
stream enters the site from the east, and on steep
slopes in the central wetland for monitoring
groundwater interflow. The criteria for establishing
the frequency of measurement and the method of
measurement for in -stream water quantity shall be set
forth in the monitoring program approved by the City
Engineer. Measurements must be made during both the
wet and dry seasons of the year and shall be taken, at
a minimum, on a semi-annual basis.
Water quantity measurements shall also be taken at
the stormwater detention facilities once those
facilities are in place. The water quantity monitoring
methods for verification of the effectiveness of the
stormwater control facilities shall be submitted to the
City Engineer for his comment and approval prior to
implementation. The monitoring program shall continue
during and after construction of roadways and
utilities. The monitoring program shall be conducted
by the Applicant for a period of five (5) years
following the recording of the final plat or the
construction ofhomes on eighty percent (80%) of the
lots within the project, whichever is sooner.
Predevelopment measurements of water volumes in
the stream and wetlands on site are to be maintained -at
the site. The monitoring program shall set forth
measurement criteria for water quantity in the stream
and wetlands on site and shall include a definition of
"significant change in water quantity." If, during the
program,. monitoring test results show a significant
change in water quantity in the stream or in -the
wetlands as measured in the stream or as measured at
the stormwater detention facilities, then the Applicant
must take all remedial steps necessary to ensure the
protection of the salmon stream and environmentally
sensitive wetlands located on the'site. Corrective
action may include improving the fish passability
characteristics of the culvert under Hidden Cove in a
joint agreement with other property owners and the City
of Bainbridge Island. The results of the monitoring
program shall be provided to the Bainbridge Island City
Engineer immediately after the monitoring has been
done, and shall include the Applicant's plan for
correction of any deficiencies shown by that monitoring
program. A follow-up report, showing correction of the
deficiencies found, must be provided by the Applicant
to the City Engineer within a reasonable time. If the
Applicant or its successors -in -interest fails to
conduct the monitoring program or fails to correct any
deficiency shown by that program during its required
existence, then the City of Bainbridge Island shall
DECISION ON MOTION FOR RECONSIDERATION
Page 4
have the right to notify -the Applicant of corrective
measures that need to be taken. If those corrective
measures are not taken within a reasonable time, as
specified by the City Engineer, then the City of
Bainbridge Island may perform the monitoring and/or
remedial work necessary to reestablish predevelopment
levels for water quantity in the stream bed or
wetlands, and any costs of such corrective action shall
be borne by the Applicant or its successors -in -
interest. Applicant shall maintain a bond to insure
compliance with this monitoring program for the five-
year or eighty percent completion term set forth in
this Condition.
Condition No. 23 of the original decision, which is found on
page 45, is amended to read as follows:
Except where necessary for the construction of
driveways and utilities, the removal of deciduous trees
greater than eight inches (811) and evergreen trees
greater than six inches (611) in caliper, measured at a
distance four feet (41) from ground level, shall be
prohibited on all lots within this development in any
portion of the lot area which lies within thirty feet
(301) of a roadway. Tree preservation easements shall
be delineated on each lot along at least one common
boundary with an adjacent lot. Tree preservation
easements for lots in this development have been
depicted on the Applicant's site plan dated
February 19, 1993. These tree preservation easements
will measure thirty feet (301) in width. This
prohibition on tree removal shall not apply to the
removal of dangerous, diseased, dying or dead trees or
where there is a concern for public safety. A thirty-
foot (301) tree preservation easement shall be
designated for each lot on the final plat, and the
terms and conditions of the easement shall be specified
in the Homeowners Association's CCRs. There shall be
no structures or impervious surfaces built or
encroaching on any tree preservation easement area.
Any tree removed from the tree preservation easement
shall be replaced with a tree, of at least three feet
(31) in height, of a species native to this area. Any
tree preservation easement shown on the final plat
which is adjacent to a roadway shall be delineated in
the lot area beyond any area of clearing or grading
needed for the construction of roads, pedestrian
access, storm drainage or utility service for the lot.
DECISION ON MOTION FOR RECONSIDERATION
Page 5
All Findings of Fact, Conclusions of Law, and Recommended
Conditions included in the Hearing Examiner's Recommendation
dated June 21, 1993 remain in full force and effect unless
specifically revised by the amendments included in this Decision
on Motion for Reconsideration.
SIGNED AND FILED this 3(5-1 day of , 1993.
J�4� �atQ,,�
obin Thomas Baker
Hearing Examiner Pro Tem
City of Bainbridge Island
TRANSMITTED this 5 day of ���. Jerr_�hz+- , 1993, by mail
to the following:
North Washington Associates Limited Partnership
c/o Thomas Dao
Central Pacific Export/Import Corp.
1400 Post Oak Boulevard; Suite 809
Houston, Texas 77056
North Bainbridge Community Association
13184 Phelps Road NE
Bainbridge Island, WA 98110
Glenn J. Amster
Hillis Clarke Martin & Peterson
500 Galland Building
1221 Second Avenue
Seattle, WA 98101-2925
William C. Smart
Keller Rohrback
Suite 3200
1201 Third Avenue
Seattle, WA 98101-3052
Donna R. Duncan
Assistant to the Hearing Examiner
DECISION ON MOTION FOR RECONSIDERATION
Page 6
T
HAND DELIVERED this 5� day of 1993, to
the following:
City of Bainbridge Island Department of
Planning and Community Development:
Planning Director Stephanie Warren
Associate Planner Jane Allan
City of Bainbridge Island Mayor Sam Granato
Bainbridge Island Planning Commission Chairman Wayne Daley
Bainbridge Island City Engineer Tom Herriott
Donna R. Duncan
Assistant to the Hearing Examiner
NOTICE of Filing Decision on Motion For Reconsideration, and
the document's availability for ,copying at the Bainbridge Island
City Hall, transmitted this day of lfp �e�»_ _��ea'', 1993, by
mail to the following:
Peter Bang -Knudsen
13176 Phelps Road NE
Bainbridge Island, WA 98110
Cynthia Baron
7796 West Port Madison
Bainbridge Island, WA 98110
John Brotherton
14411 Madison NE
Bainbridge Island, WA 98110
Gerald F. Buck
Triad Associates
11415 NE 128th Street
Kirkland, WA 98034
Paul Carroll
13706 Ellingsen Road
Bainbridge Island, WA 98110
Rob Crichton
10689 NE Manor Lane
Bainbridge Island, WA 98110
DECISION ON MOTION FOR RECONSIDERATION
Page 7
T
Kellan G. Eisenhardt
13088 Phelps Road NE
Bainbridge Island, WA 98110
John P. Ferguson
Assistant Attorney General
900 - 4th Avenue
Suite 2000, TB -14
Seattle, WA 98164
Robert H. Gedney
7540 NE Hidden Cove Road
Bainbridge Island, WA 98110
George Gerdts
7861 Bucklin Hill Road
Bainbridge Island, WA 98110
Keith Hauschulz
13718 Ellingsen Road NE
Bainbridge Island, WA 98110
Elane S. Hellmuth
7861 Bucklin Hill Road
Bainbridge Island, WA 98110
Henry R. Helm
10674 NE Manor Lane
Bainbridge Island, WA 98110
Bill and Sue Henshaw
9067 NE Hidden Cove Road
Bainbridge Island, WA 98110
Bogue Hunt
7520 Hidden Cove
Bainbridge Island, WA 98110
Ken Keach
13200 Phelps Road NE
Bainbridge Island, WA 98110
Gregory Kellogg
13184 Phelps
Bainbridge Island, WA 98110
Leigh Kennel
P. O. Box 10089
Bainbridge Island, WA 98110
Peter and Jacquelin Konis
13196 Phelps Road NE
Bainbridge Island, WA 98110
DECISION ON MOTION FOR RECONSIDERATION
Page 8
Vince Mattson
9651 Green Spot Place NE
Bainbridge Island, WA 98110
Philip G. McCrudden
5664 Rose Avenue NE
Bainbridge Island, WA 98110
Dorothy Mock
16091 Agatewood Road
Bainbridge Island, WA 98110
Dave Moore
9605 NE Timberlane Place
Bainbridge Island, WA 98110
Doug Pedersen
13190 Phelps Road NE
Bainbridge Island, WA 98110
Esther Ritzenthaler
14517 Henderson Road NE
Bainbridge Island, WA 98110
Andrew Schmid
930 Madison Avenue N
No. 2
Bainbridge Island, WA 98110
Beth Schmoyer
16510 Agate Point Road NE
Bainbridge Island, WA 98110
Judy Schneider
9180 Lovgren
Bainbridge Island, WA 98110
Tom A. Shepherd
13240 Phelps Road NE
Bainbridge Island, WA 98110
William J. Shopes
7892 NE Hidden Cove Road
Bainbridge Island, WA 98110
Helene Smart
15253 Washington Avenue
Bainbridge Island, WA 98110
Diane C. Thompson
9060 NE Spargur Loop
Bainbridge Island, WA 98110
DECISION ON MOTION FOR RECONSIDERATION
Page 9
Sharon Vonasch
12221 - 7th Avenue NW
Seattle, WA 98177
Norris L. Wynn
12990 Phelps Road
Bainbridge Island, WA 98110
Julia Youngwirth
13250 Phelps Road
Bainbridge Island, WA 98110
Donna R. Duncan
Assistant to the Hearing Examiner
DECISION ON MOTION FOR RECONSIDERATION
Page 10