ORD 98-06 ALTERATION OF FORT WARD ESTATESORDINANCE NO. 98-06
AN ORDINANCE of the City of Bainbridge Island, Washington,
approving the alteration of Fort Ward Estates, Division 5, Block
1 lots 4150001-012-0004; 41504)01-013-0003; 4150-001-014-
0002; 41504)01-015-0001; 4150-001-0164X~; 4150-001-017-
0009 and Block 2, lots 4150-002-015-0009; 41501302-016-(XX)8;
4150-002-017-0007; 4150-002-018-(X}06; 41504112-019-0005;
41504XI2-0204X}02; 4150-002-021-0001; 4150-002-022-0000;
4150-002-023-0009; 4150-002-024-0008; 4150-002-025-0007;
4150-002-026-0006 and 150-002-027-0005 and establishing
development requirements for the altered lots in order to
preserve the Parade Grounds in the Fort Ward Planning Area
consistent with the Comprehensive Plan.
WHEREAS, the City adopted a Comprehensive Plan on September 1, 1994, which has been
amended by Ordinance No. 97-27; and
WHEREAS, the City developed a plan for Fort Ward to identify actions for retaining Fort
Ward's character, guide future development in a compatible manner and resolve issues identified
by the Fort Ward community; and
WHEREAS, a goal of the Comprehensive Plan is to preserve the Fort Ward Parade Grounds,
a part of the unique character of the Fort Ward Planning Area and which includes Fort Ward's
historical value, sense of community and natural landscape; and
WHEREAS, the Comprehensive Plan specifically mandates the City to establish a
mechanism to expedite a means of preserving the Fort Ward Parade Grounds through cluster
development or transfer of development rights; and
WHEREAS, BIMC 17.04.130 permits the alteration of an existing plat in accordance
with RCW 58.1.7.215; and
Draft Fort Ward Comprehensive Plan Amendment Ordinance 01/06/98 .
WHEREAS, Fort Ward Village Partnership Ltd. And Richard D. Duncan have applied
for the alteration of Fort Ward Estates, Division 5, Block 1 lots 4150-001-012-0004;
4150-001-013-0003; 4150-001-014-0002; 41504301-015-0001; 4150-001-016-(X)(X};
4150-001-017-0009 and Block 2, lots 41504302-015-0009; 4150-002-016-0008;
41504302-017-0007; 4150-002-0184X)06; 4150-002-019-0005; 4150-002-020-0002;
4150-002-021-0001; 4150-0024322-0000; 4150-002-023-0009; 4150-002-024-0(X)8;
4150-002-025-0007; 4150-002-026-0006 and 150-002-027-OX)5 ("Alteration"); and
WHEREAS, the Alteration will allow for the preservation of a portion of the Parade
Grounds; and
WHEREAS, lots 4147-002-002-0000, 4147-02-003-0009 4150-05-027-0005 will be
preserved as a portion of the Parade Grounds and will be dedicated as a park that provides
open space and recreational opportunities for the community; now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO
ORDAIN, as follows:
Section 1. The City Council fir~ that the Alteration depicted on the attached ~ ~ and inco~ ~
conforms with the Camprehenfive Plan, partioalarly Goal 5 and Policy OS 5.1 of Open Space Reside~hl Section
of the Land Use Elemem
Section 2. The City Coundl approves the Alteration depiO. ed on the attached map hereto and inco~ hertin,
subject to the fonowing:
1. Paul Avenue shall be constructed to City stm' _v!a__rds.
2. Prior to recordafion ofthe altered plat, the City ~ shall m__r~t_e by ordinance a ixalionofPaulAver~
depicted on the attached map.
3. Prior to recordation of the altered plat, lots4147-002-002-0000, 4147-002-003-0009,
41504)02-02743005 shall be dedicated to the City or its designee for public use as a park
4. School ~ fees for each altered lot shall be paidatthetirneoflmilding~~.
5. The provisions for dedication contained on the original plat shall be retained on the altered plat, particularly
those relating to drainage and trdlifies.
6. Access and utility easemex~ on the original plat shall be retained and shall be noted on the final altered plat.
7. Prior to site alterations, temtx)rary erosion control measures shall be installed in accordance with the BIMC
Chapter 15.20.
8. All construction and devdopment in the altered plat shall comply with applicable provisions ofBIMC ~
15.20 and 17.04.
9. A binding letter of water av~n_3ah'fity for the altered plat shall be submitted from ~ ~ Wmer
10. The final revised plat must comply with the requirements of BIMC 17.04.113.
ll. Penmne~ survey monuments shall be located at the boundary comers ofthe attered plat and marked at the lot
2
Section 2. The City Council finds that the proposed alteration meets the requirements of RCW
Chapter 58.17 and other applicable State laws and BIMC Chapter 17.12 and other applicable City
ordinances.
Section 3 The overall lot coverage for the altered plat is 20%. The lot coverage for individual
altered lots shall not exceed 1,875 square feet. Side yard setbacks for the altered lots shall be
5 feet, with a combined side yard setback of 10 feet.
Section 4. The Mayor is authorized and directed to inscribe and execute the City Council's
approval on the face of the altered plat after the City Engineer determines that the conditions of
approval set forth in this ordinance have been met.
Section 5. The City Clerk is authorized and directed to file a certified copy of this ordinance and
the altered plat with the Kitsap County Auditor, and to file a certified copy of this ordinance
(containing the Kitsap County Auditor's recording number) and the altered plat with the City
Clerk, the City Engineer, the Planning Department, the Kitsap County Assessor and the applicant.
PASSED by the City Council this 5th day of January, 1998.
APPROVED by the Mayor this 6th day of January, 1998.
DwighPSutton, Mayor
ATTEST/AUTHENTICATE:
ity Clerk
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK: December 24, 1997
PASSED BY THE CITY COUNCIL: January 5, 1998
EFFECTIVE DATE: January 15, 1998
C:\ ~fortward~Par Grd Ord.doc
PUBLISHED: January 10, 1998
ORDINANCE NO: 98-06
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STAFF REPORT
Project:
File number:
D ate:
To:
Project Managers:
Alteration of Plat
SUBA 12-17-97-1
December 23, 1997
Mayor and City Council
Jane Allan, Senior Planner
City of Bainbridge Island
Department of Planning
and Community Development
Applicant:
Fort Ward Villages Parmers, Ltd. and Richard D. Duncan
9978 Torvanger Road
Bainbridge Island, WA 98110
Request:
The subject property is part of an existing plat. The owners of
the property are in the process of developing the site:
installing infrastructure and obtaining building permits for
individual lots. The purpose of the alteration is to implement
the goal of the Comprehensive Plan, as recently amended by
Ordinance 97-27, tQ preserve the Parade Grounds (located within
the federally designated historic district of Fort Ward Navy
Additions).
The owners have agreed to apply for an alteration of the existing
plat and establishment of development standards for the altered
plat in order to reconfigure lots in a manner that would preserve
a portion of the Parade Grounds. The development standards would
include: (1) side yard setbacks that would consist of 5 ft.
minimum, 10 ft. combined, (2) lot coverage per lot would not
exceed 1,875 sq. ft. (which constitutes 20% overall lot coverage
for the altered portion of the plat) and (3) lot size would not
be less than the existing lots in the altered portion of the
plat. (See Attachment I - Proposed Plat Application and
Attachment 2 Proposed Plat Alteration.)
Draft Fort Ward Comprehensive Plan Amendment Ordinance
12/24/97
Lots 4147-002-002-0000, 4147-02-003-0009 4150-05-027-0005 will be
preserved as a portion of the historic Parade
Grounds and will be dedicated as a park concurrent with approval
of the alteration of the plat. The preserved Parade Grounds are
a part the unique character of the Fort Ward Planning Area and
will provide open space and recreational opportunities for the
community.
Concurrent with the processing of the alteration of the plat, two
actions need to occur: (1) approval by the City Council of the
resolution to vacate a portion of Paul Avenue and (2) the
purchase by the City of lots 12 and 13 of Block 2 of the altered
plat so that the City can exchange the two lots with the
applicants for two lots (which are part of the Parade Grounds.
The net affect of the alteration, vacation and dedication of
parkland is that whereas there are 21 existing lots (19 within
the area subject to the altered plat and the two lots to be
dedicated as parkland), after the alteration there will be 19
lots in the altered plat and there will be approximately 37,000
sq. ft. of parkland.
Location:
Paul Avenue, Between Evergreen Avenue and Parkview Drive
(See Attachment 3 - Vicinity Map.)
Zoning
Designation: R-2 zone.
Comprehensive Plan
Designation:
OSR-2, City of Bainbridge Island Comprehensive Plan, 1994, as
amended by Ordinance 97-27.
Environmental Review: SEPA - Determination of Non-Significance (DNS) published
December 20, 1997.
RECOMMENDATION:
Approve the Alteration of the Plat with the following conditions:
1. Paul Avenue shall be constructed to City standards.
2. Prior to recordation of the altered plat, the City Council shall vacate by ordinance a portion of Paul Avenue
depicted on the attached map.
3. Prior to recordation of the altered plat, lots 4147-0024XE4XXX), 4147-02-003-0009, 4150-05-02743005
shall be dedicated to the City or its designee for public use as a park.
4. School impacts fees for each altered lot shall be paid at the time of building permit issuance.
5. The provisions for dedication contained on the original plat shall be retained on the altered plat, particularly
those relating to drainage and utilities.
6. Access and utilities easements on the original plat shall be retained and within the altered plat shall be noted
on the final altered plat.
7. Prior to site alterations, temporary erosion control measures shall be installed in accordance with the BIMC,
Chapter 15.20..
8. All construction and development in the altered plat shall comply with applicable provisions of BIMC
Chapters 15.20 and 17.04.
9. A binding letter of water availability for the altered plat shall be submitted fxom South Bainbridge Water
Company.
10. The final revised plat must comply with the requirements of B IMC 17.04.113.
11. Permanent survey monuments shall be located at the boundary comers of the altered plat and markets at the
lot comers.
Staff Analysis
I. INTRODUCTION
A. Application
Applicant:
Fort Ward Villages Partners, Ltd. and Richard D. Duncan.
9978 Torvanger Road
Bainbridge Island, WA 98110
Request:
Alteration of Existing Plat.
December 23, 1997
Fort Ward Partnership, SUBA 12-17-97-1
3
II.
Location:
Paul Avenue, Between Evergreen and Park Avenue
(See Attachment 2.)
A. Recommendation
Approve the alteration of the plat, with listed conditions.
FINDINGS OF FACT
A. Site Characteristics
AREA AND DIMENSIONS
a) Tax Lot Numbers:4150-001-012-0004; 4150-001-013-0003;
4150-001-015-0001; 4150-001-016-0000;
4150-002-015-0009; 4150-002-016-0008;
4150-002-018-0006; 4150-002-019-0005;
4150-002-021-0001; 4150-002-022-0000;
4150-002-024-0008; 4150-002-025-0007;
and 150-002-027-0005.
a) Assessor's Record Information
Owners of record: Richard D. Duncan and Fort Ward Capital
Parmership
Lot size: Total area of altered plat - 4.09 acres
Land use: Vacant
o
o
TERRAIN:
The site is generally flat, with the terrain rising gradually east of Paul
Avenue. A small area of the site contains a slope that exceeds 15%.
SOILS:
Site soils are comprised mainly of Cathcart silt loam, 2 to 8 percent. (Soil
Survey Kitsap County Area, Washington, September 1980). The Cathcart
soils are suitable mainly for woodland, cropland and urban land.
SITE DEVELOPMENT:
The site is currently undeveloped. The existing plat contains 19 lots and
the altered plat will contain 19 lots.
ACCESS:
Access will be from Paul Avenue to Evergreen Avenue.
PUBLIC UTILITIES
Fort Ward Parmership, SUBA 12-17-97-1
December 23, 1997
4
Water:
Sewer:
Storm drainage:
South Bainbridge Water Company
Sewer District No. 7
Storm drainage system will be constructed in
accordance with the storm drainage plans approved
by the City for the existing plat.
PUBLIC SERVICES
Police: Bainbridge Island Police Department.
Fire: Bainbridge Island Fire District//23.
Schools: Bainbridge Island School District.
8. EXISTING USE: Vacant.
9. EXISTING ZONING: R-2.
10. EXISTING COMPREHENSIVE PLAN DESIGNATION: OSR-2.
11.
SURROUNDING USES:
North: Vacant and Single Family Residential (SFR)
South: Vacant and SFR
East: Vacant and SFR
West: Vacant, SFR and State Park
12.
SURROUNDING ZONING:
North: R-2
South: R-2
East: R-2
West: R-2
13.
SURROUNDING COMPREHENSIVE PLAN DESIGNATIONS:
North: OSR-2
South: OSR-2
East: OSR-2
West: OSR-2
go
History:
The existing plat was recorded on October 22, 1963.
The City of Bainbridge Island, in concert with the property owners and residents
of Fort Ward, undertook a local planning effort which resulted in the November,
1996 Fort Ward Action Plan.
One of the implementation actions of the Fort Ward Action Plan was to adopt
December 23, 1997
Fort Ward Parmership, SUBA 12-17-97-1
5
Comprehensive Plan amendments which embodied key policy recommendations
in the Action Plan. One of the main goals of the Action Plan was to maintain and
enhance the unique character of the Fort Ward Planning Area, including its
historic heritage, such as the Parade Grounds.
Ordinance 97-27, the Comprehensive Plan Amendments for the Fort Ward
Planning, was adopted on December 4, 1997.
The applicants also own three of the lots which constitute the Parade Grounds.
The applicants have worked with the community to refrain from developing those
lots in order that an LID or other financing mechanism could be used to purchase
the lots and preserve the Parade Grounds. However, such funding did not occur.
The owners must proceed with development at this time. This alteration is an
effort to preserve a portion of the Parade Grounds through (a) alteration of the
existing plat (b) vacation of a portion of Paul Avenue and (3) dedication of lots
2 and 3 of Block 2 of Fort Ward Estates, Division 2 and lot 27, Block 2 of Fort
Ward Estates, Division No. 2 as part of the "Parade Grounds" parkland.
The Application to alter the existing plat was submitted on December 17, 1997
in accordance with BIMC 17.04.130 and RCW 58.17.215. The Applicant
waived any right to receive Notice of Complete Application.
Notice of the City Council public hearing on the alteration application to be held
on January 5, 1998 was published December 20,1997 1997 in accordance with
BIMC 17.04.130 and RCW 58.17.215.
A Notice of the Issuance of a Determination of Non-Significance was published
with the Notice of Public Hearing. The Notice complies with BIMC Chapter
16.04 and WAC 197-11-340(1). The appeal period ends of January 5, 1998.
The City Engineer and the Fire Code Management Officer have reviewed the
proposed alteration. The City Engineer's comments have been incorporated into
the conditions of approval. His written comments will be submitted to the
Council under separate cover. The Fire Code Management Officer had not
comments. (See Attachments 4.)
Comprehensive Plan Goals and Policies:
(Bainbridge Island Comprehensive Plan, 1994, as amended)
The following Comprehensive goal and policy application to this application.
Residential Open Space
Goal 5
Maintain and enhance the unique character of the Fort Ward Planning Area .... due to the
history and natural landscape of the area and the sense of community that exists. This
character is reflected in the open space system made up of wetlands, a neighborhood
park, the historic marching fields, unbuildable slopes and the State Park.
Fort Ward Parmership, SUBA 12-17-97-1
December 23, 1997
6
OS 5.1
Through an LID, grants or public or private funding sources, if funding occurs, or through
the use of such techniques as cluster development or transfer of development rights
within the Fort Ward area: preserve the parade marching fields as public open space, as
well as street, trail and sidewalk improvements identified in the Fort Ward Action Plan,
and protect and enhance the wetlands and associated buffers for a new community park
which will include the natural systems from Kitsap Avenue, southwest past Belfair, as
identified in the Fort Ward Action Plan.
Establish a mechanism to expedite the necessary changes to the Bainbridge Island
Municipal Code to allow (1) transfer of density from the wetland area or parade grounds
to elsewhere within the Fort Ward Core Area .... to elsewhere within the Fort Ward Core
Area (2) replatting of the wetland area to avoid, as much as possible, development in the
wetlands and buffer area and to preserve the parade grounds and (3) development of a
wetland overlay master plan to include a landscape reclamation plan, planting
alternatives, access, use, drainage and building envelopes.
Discussion: After years of limited development, Fort Ward could be facing a dramatic
increase in construction of new residential development. Many of the undeveloped lots in
the Fort Ward planning area are non-conforming due to their small size. The parade
grounds are an important historical feature of Fort Ward and a focal point of the
community that also provides recreational opportunities for the residents of Fort Ward.
This policy provides mechanisms to further maintain and enhance the unique character,
historical value, sense of community and natural landscape of the Fort Ward Planning
Area.
The proposed alteration is consistent with the Comprehensive Plan by providing a
means of preserving a portion of the Parade Grounds.
D. Land Use Requirements
Alteration of Subdivision Procedure
Proposal for alteration of a plat shall follow the provisions of RCW 58.17.215.
Alterations of a plat are also subject to the provisions of RCW 64.04.175 (Ord. 92-09)
RCW 58.17.215 Alteration of a Subdivision - Procedure (See Attachment 5)
i. When any person is interested in the alteration of any subdivision or altering any
portion thereof, except as provided in RCW 58.17.040(6) (boundary line adjustments),
that person shall submit an application to request the alteration to the legislative authority
Fort Ward Partnership, SUBA 12-17-97-1
December 23, 1997
7
of the city, town or county where the subdivision is located. The application shall
contain the signatures of the majority of those persons having an ownership interest of
lots, tracts, parcels, sites, or divisions in the subject subdivision or portion to be altered.
If the subdivision is subject to restrict covenants which were filed at the time of the
approval of the subdivision, and the application for alteration would result in violation of
a covenant, the application shall contain an agreement signed by all parties subject to the
covenants providing that the parties agree to terminate or alter the relevant covenants to
accomplish the purpose of the alteration of the subdivision or portion thereof.
The owners of all but two of the lots in the altered portion of the Plat are applicants
for this alteration. The proposed alteration would not violate any recorded
covenants.
ii. Upon receipt of an application for alteration, the legislative body shall provide notice
of the application to all the owners of property within the subdivision, and as provided
for in RCW 58.17.080 and 58.17.090. The notice shall either establish a date for a
public hearing or provide that a hearing may be requested by a person receiving notice
within fourteen days of receipt of the notice.
A public hearing has been set for January 5, 1998. The owners of property within
300 feet of the altered plat have received written notification of the application and
of the public hearing and the notice has been published twice.
iii. The legislative body shall determine the public use and interest in the proposed
alteration and may deny or approve the application for alteration. If any land within the
alteration is part of an assessment district, any outstanding assessments shall be equitably
divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on
the lots resulting from the alteration. If any land within the alteration contains a
dedication to the general use of persons residing within subdivision, such land may be
altered and divided equitably between adjacent properties.
The altered plat will be served by Sewer District No. 7 and any assessments will be
in accordance with the assessments under the existing plat. A portion of Paul
Avenue will be vacated. A portion of vacated Paul Avenue will be added to the
adjacent lots and a portion will be added to the proposed Parade Grounds park.
(See Attachment 2 which indicates the vacated portions of Paul Avenue). The
division of the vacated portion is to be addressed as part of the vacation process.
iv. After approval of the alteration, the legislative body shall order the applicant to
produce a revised drawing of the approved alteration of the final plat or short plat, which
after signature of the legislative authority, shall be filed with the county auditor to
become the lawful plat of the property.
Fort Ward .Partnership, SUBA 12-17-97-1
December 23, 1997
8
III.
A condition of approval of the alteration is that the Mayor is authorized and
directed to inscribe and execute the City Counci!'s approval on the face of the
plat, as altered by this Ordinance after a determination by the City Engineer that
the conditions of approval set forth in the ordinance have been met.
E. SEPA DETERMINATION: A Determination of Non-Significance was issued on
December 20, 1997. The appeal period ends on January 5, 1998.
CONCLUSIONS
A. Site Characteristics.
The lots are suitable for residential development.
B. History
This proposal is properly before the City Council in accordance with BIMC 17.04.130
and RCW 58.17.215.
C. Comprehensive Plan Policies.
The proposal is consistent with the Comprehensive Plan.
D. Land Use Code Requirements
As conditioned, the proposal is consistent with BIMC 17.04.130 and RCW 58.17.215.
E. SEPA Determination
The proposal followed procedures in WAC, Chapter 197-11.
IV.
APPEAL PROCEDURES
Chapter 2.16.110F: City Council Decision Procedures - Appeal of a City Council
Decision. The Decision of the City Council shall be final unless, within 21 days after
issuance of a decision, a person with standing, appeals the decision in accordance with
Chapter 36.70C RCW.
V. ATTACHMENTS
1. Alteration of a Plat Application
2. Proposed Plat Alteration
3. Vicinity Map
4. Comment Letter from Fire Code Management Officer
5. RCW 58.215
Fort Ward Parmership, SUBA 12-17-97-1
December 23, 1997
9
City of Bainbridge Island
ALTERATION OF PLAT APPLICATION
File Number:
/--{[~-O ~ C_~ - 0 / ~- ~d ~ Tax assessor's number:
CITY OF Project street a
BAINBRIDGE ISLAND
Application fee:
EC; 1 7 Dat received:
DEPT. OF PLANNING & Treasurer's Receipt number:
COMMUNITY D EV F__.LOP, M ENT ,
L~ate ~nwronmental checklist received:
Six (6) copies of the completed application and six (6) copies of the required drawings
must be submitted to the Department of Community Development. Plat application
will not be forwarded for review until application packet is complete~
DETAILS OF EXISTING PROJECT SITE
1. Name of property owner: Fort Ward Villages Partners, Ltd.
Address: 9978 Torvanger Rd., Bainbridge Island, WA 98110:
Phone: 842-1589
2. Legal description of project site: See Attachment 1.
3. If the owner of record as shown by the county assessor's office is not the applicant,
the owner's signed and notarized authorization must accompany this application.
Applicant name: N/A
4:General location of site: Paul Avenue, Between Evergreen and Park Avenue (See
Attachment 1.)
5. Zoning: R-2 Comprehensive Plan Designation: OSR-2 Does the site contain any
environmentally sensitive area as defined in the ESA ordinance (//92-07) No
City of Bainbridge Island Deparmmnt of Planning and Co~nmunity Development
911 Hildebrand Lane Ste 101, Bainbridge Island, WA 98110-2824
(206) 842-2552
I Revised 14 April, 19971
ATTACHMENT 1
City of Bainbridge Island
ALTERATION OF A PLAT APPLICATION
6. Does the application include the use of wetlands to calculate density? No
yes, see section 17.12.080.D.2.C of the Bainbridge Island Municipal Code.
7. Current use of property: Vacant
8. Current zoning and use of adjacent property:
north: R-2; Vacant and Single Family Residential (SFR)
south: R-2 Vacant and SFR
east: R-2; Vacant and SFR
west: R-2, Vacant, SFR and State Park
9. Name of proposed subdivi~sion: Fort Ward Estates
10. Property dimensions: See Attached Drawing - Attachment 1
11. Total property area: 4.09 acres
DETAILS OF PROJECT PROPOSAL
12. Number of lots proposed: 19
13. Minimum lot size: See Attached Drawing.
14. Lot setback and dimensional requirements: In accordance with existing plat,
except as proposed, as described in response to Question 20
Buil.ding to building (on site):
Building to exterior property line:
Building to right of way:
Building to trail, open space:
15. Minimum lot width: See Attached Drawing.
16. Name of subdivision developer: See response to Question 1.
Average lot size: 9,374 sq. ft.
City of Bainbridge Island Department of Planning and Community Development
911 Hildebrand Lane Ste 101, Bainbridge Island, WA 98110-2824
(206) 842-2552
I Revised 14 April, 1997]
City of Bainbridge Island
ALTERATION OF A PLAT APPLICATION
Address:
Phone:
17. Minimum lot coverage of proposed parcels: Overall lot coverage for the entire
altered plat would be 20%, with no individual lot more than 1,875 sq. ft.
'18. Open Space (See Section 17.12.090 of the Bainbridge Island Municipal Code)
% of Open Space: N/A - Alteration of Existing Plat
Required Open Space is contained within:
Separate Parcel ~
Proposed Lots
Type of Open Space:
Open Space Management Plan Included: YES NO
Conservation Easement Included: YES NO
19.
Name of registered land surveyor: Adam & Goldsworthy
Address: 19062 Highway 305 N. Poulsbo, WA 98370
Phone:
20. General description of the project, as well as the sequence and timing of the
proposed development: See Attachment #2. To be developed at one time.
Change side yard setbacks to 5 feet each side, 10 feet total. Allowed lot
covered to be 1,875 sq. ft. per lot.
City of Bainbridge Island Department of Planning and Community Development
911 Hildebrand Lane Ste 101, Bainbridge Island, WA 98110-2824
(206) 842-2552
I Revised 14 April, 19971
City of Bainbridge Island
ALTERATION OF A PLAT APPLICATION
21. O~er applications to be processed concurrently with preliminary short plat:
Resolution to vacate portion of Paul Avenue
22. Proposed water service: South Bainbridge Water
23. Proposed sewer service: Sewer District # 7
24. Within the plat, does the proposal include the following:
(a) street lights: In accordance with existing plat.
(b) sidewalks or paths: In accordance with existing plat.
(c) underground cable TV: In accordance with existing plat.
(d) RV/boat storage: In accordance with existing plat.
City of Bainbridge Island Department of Planning and Community Development
911 Hildebrand Lane Ste 101, Bainbridge Island, WA 98110-2824
(206) 842-2552
[ Revised 14 April, 19971
City of Bainbridge Island
ALTERATION OF A PLAT APPLICATION
25. What additional provision, if any, has been made for the following:
(a) fire protection facilities In accordance with existing plat.
Co) school sites and grounds In accordance with existing plat. School impact
fees to be paid in full at time of building permits
(c) other public and private facilities and improvements (including transit)
In accordance with existing plat.
26. Are any restrictive covenants proposed? No. (If yes, please attacl~4----- --
27. Any additional easements/restrictions regarding adjacent land that should be noted?
No change from existing plat.
28. Does the proposal lie within a flood control zone? No.
City of Bainbridge Island Department of Planning and Community Development
911 Hildebrand Lane Ste I01, Bainbridge Island, WA 98110-2824
(206) 842-2552
[ Revised 14 April, 19971
City of Bainbri ? Island
2q. Attachment:
Declaration and Owner/Applicant Agreement
Preliminary Plat Drafting Standards Checklist
Subdivision and Short Subdivision Standards
SEPA Checklist
· Engineering Application Fees (Filled out by applicant)
I hereby certify that I have read this application and know the same to be. true and
correct.
Sig f ner or authorized agent Date
City of Bainbridge Island DeparUnent of Planning'and Community Development
911 tlildebrand Lane Ste 101, Bainbridge Island. WA 98110-2824
(206) 842-2552
I
ATTACHMENT 1
Legal Description
Lots 12 through 17, Block 1, Fort Ward Estates Division No. 5, according to the Plat thereof,
Recorded in Volume 11 of Plats, 'Page 20, Records of Kitsap County, Washington
and
Lots 15 through 27, Block 2, Fort Ward Estates Division No. 5, according to the Plat thereof,
Recorded in Volume 11 of Plats, Page 20, Records of Kitsap County, Washington.
See Attached Map.
ATTACHMENT 2
General Descril~tion of the Pro.|ect
The subject property is p.art of an existing plat. The owners of the property are in the
process of developing the site: installing infrastructure and obtaining building permits
for individual lots. The purpose of the alteration is to implement the community goal,
embodied in the Comprehensive Plan as recently amended by Ordinance 97-27, to
preserve the Parade Grounds (which is located within the federally designated historic
district).
The owners have agreed to apply for an alteration of the existing plat and establishment
of development standards for the altered plat in order to reconfigure lots in a manner
that would preserve a portion of the Parade Grounds. The development standards..
would include: (1) side yard setbacks that would consist of 5 ft. minimum, 10 ft.
combined, (2) lot coverage per lot would not exceed 1,875 sq. ft. (which constitutes 20%
overall lot coverage for the altered portion of the plat), (3) lot size would not be less
than the existing lots in the altered portion of the plat and (4) 19 lots would be
permitted in the altered portion of the plat.
Lots 2 and 3 of Division 2 of the Fort Ward Estates and lot 27 of Fort Ward Estates,
Division 5 will be preserved as a portion of the historic Parade Grounds and will be
dedicated as parkland concurrent with approval of the alteration of the plat. The
preserved Parade Grounds will provide open space and recreational opportunities for
the community.
Concurrent with the processing of the alteration of the plat, a resolution to vacate a
portion of Paul Avenue is also being processes.
The net affect of the alteration, vacation and dedication of parkland is that whereas
there are 21 existing lots, after the alteration there will be 19 lots and there will be
approximately 37,000 square feet of parkland.
p,BppO a:.t 0'4- ~-c,I _:0 uo!~_.~od
k:.:': ' ::/': :'..',~
_ - ...x>( ,:.,,
LETTER OF TRANSMITTAl,
To: FIRE DEPARTMENT
Attn: EARL DAVIS
Address:
CITY OF BAINBRIDGE ISLAND
PLANNING DEPARTMENT
911 Hildebrand Lane
Bainbridge Island, WA 98110
(206) 842-2552 / FAX 780-0955
From: Jane Allan
File No: SUBA12-17-97-1
Project: Fort Ward Estates Plat
Alteration
Attached are the following documents:
12/17/97
Date: December 17, 1997
DESCRIPTION
Plat Alteration application, environmental
checklist, survey map
SUBA12-17-97-1
ACTION REQUIRED (as checked below)
X~ for approval/rewew/x9mrn~._i~ ,~
for your information~a~r4B~l-D--~ [~k.fi~JO
__ as requested
Remarks:
D~PT. OF Pl ANNIN~ ~
PLEASE ~T~~~~~ECE~ER 22, 1997
)/~. approved as submitted
__ approved as noted
returned for corrections
Copy to:
Signed: Jane Allan
Title: Senior Planner
C: IFORMSITRANSJJ. LTR
ATTACHMENT 4
Pla ~ubdivisions--Dedications
58.17.215
58.17.215 Alteration of subdivision--Procedure.
When any person is interested in the alteration of any
subdivision or the altering of any portion thereof, except as
provided in RCW 58.17.040(6), that person shall submit an
application to request the alteration to the legislative authori-
ty of the city, town, or county where the subdivision is
located. The application shall contain the signatures of the
majority of those persons having an ownership interest of
lots, tracts, parcels, sites, or divisions in the subject subdivi-
sion or portion to be altered. If the subdivision is subject to
restrictive covenants which were filed at the time of the
approval of the subdivision, and the application for alteration
would result in the violation of a covenant, the application
shall contain an agreement signed by all parties subject to
the covenants providing that the parties agree to terminate or
alter the relevant covenants to accomplish the purpose of the
alteration of the subdivision or portion thereof.
Upon receipt of an application for alteration, the
legislative body shall provide notice of the application to all
owners of property within the subdivision, and as provided
for in RCW 58.17.080'and 58.17.090. The notice shall
either establish a date for a public hearing or provide that a
hearing may be requested by a person receiving notice
within fourteen days of receipt of the notice.
The legislative body shall determine the public use and
interest in the proposed alteration and may deny or approve
the application for alteration. If any land within the alter-
ation is part of an assessment district, any outstanding
assessments shall be equitably divided and levied against the
remaining lots, parcels, or tracts, or be levied equitably on
the lots resulting from the alteration. If any land within the
alteration contains a dedication to the general use of persons
residing within the subdivision, such land may be altered and
divided equitably between the adjacent properties.
After approval of the alteration, the legislative body
shall order the applicant to produce a revised drawing of the
approved alteration of the final plat. or short plat, which after
signature of the legislative authority, shall be filed with the
county auditor to become the lawful plat of the property.
This section shall not be construed as applying to the
alteration or replatting of any plat of state-granted tide or
shore lands. _[1987 c 354 § 4.]
58.17.217 Alteration or vacation of subdivision--
Conduct of hearing. Any hearing required byRCW
58.17.212, 58.17.215, or 58.17.060 may be administered by
a hearings examiner as provided in RCW 58.17.330. [1987
c 354 § 7.]
58.17.218 Alteration of subdivision--Easements by
dedication. The alteration of a subdivision is subject to
RCW 64.04.175. [1991 c 132 § 2.]
58.17.220 ¥iolation of court order or injunction--
Penalty. Any person who violates any court order or
injunction issued pursuant to this chapter shall be subject to
a fine of not more than five thousand dollars or imprison-
ment for not more than ninety days or both. [1969 ex.s. c
271 § 22.]
(1996 Ed.)
58.17.225 Easement over public open space---May
be exempt from RCW 58.17.215--Hearing--Notice. The
granting of an easement for ingress and egress or utilities
over public property that is held as-open space pursuant to
a subdivision or plat, where the open space is already used
as a utility right of way or corridor, where other access is
not feasible, and where the granting of the easement will not
impair public access or authorize construction of physical
barriers of any type, may be authorized and exempted from
the requirements of RCW 58.17.215 by the county, city, or
town legislative authority following a public hearing with
notice to the property owners in the affected plat. [1995 c
32 § 1.]
58.17.230 Assurance of discontinuance of violations.
In the enforcement of this chapter, the prosecuting attorney
may accept an assurance of discontinuance of any act or
practice deemed in violation of this chapter from any person
engaging in, or who has engaged in such act or practice.
Any such assurance shall be in writirrg~n~l~e' filed with and
subject to the approval of the superior court of the county in
which the alleged violation occurs. A violation of such
assurance shall constitute prima facie proof of a violation of
this chapter. [1969 ex.s. c 271 § 23.]
58.17.240 Permanent control monuments. Except
for subdivisions excluded under the provisions of RCW
58.17.040, as now or hereafter amended, permanent control
monuments shall be established at each and every controlling
comer on the boundaries of the parcel of land being subdi-
vided. The local authority shall determine the number and
location of permanent control monuments within the plat, if
any. [1974 ex.s. c 134 § 11; 1969 ex.s. c 271 § 24.]
58.17.250 Survey of subdivision and preparation of
plat. The survey of the proposed subdivision and prepara-
tion of the plat shall be made by or under the supervision of
a registered land surveyor who shall certify on the plat that
it is a true and correct representation of the lands actually
surveyed. [1969 ex.s. c 271 § 26.]
58.17.255 Survey discrepancy--Disclosure. When-
ever a survey of a proposed subdivision or short subdivision
reveals a discrepancy, the discrepancy shall be noted on the
face of the final plat or short plat. Any discrepancy shall be
disclosed in a title report prepared by a title insurer and
issued after the filing of the final plat or short plat. As used
in tiffs section, "discrepancy" means: (1) A boundary hiatus;
(2) an overlapping boundary; or (3) a physical appurtenance,
which indicates encroachment, lines of possession, or
conflict of title. [1987 c 354 § 6.]
58.17.260 Joint committee--Members--
Recommendations for surveys, monumentation and plat
drawings. In order that there be a degree of uniformity of
survey monumentation throughout the cities, towns and
counties of the state of Washington, there is hereby created
a joint committee composed of six members to be appointed
as follows: The Washington state association of counties
shall appoint two county road engineers; the association of
Washington cities shall appoint two city engineers; the land
ATTACHMENT 5
58.17.060 Title 58 RCW: Boundaries and Plats
short plat contains fewer than ~our parcels, nothing in this
section shall prevent the owner who filed the short plat from
filing an alteration within the five~year period to create up to
a total of four lots within the original short plat boundaries:
PROVIDED FURTHER, That such regulations are not re-
quired to contain a penalty clause as provided in RCW
36.32.120 and may provide for wholly injunctive relief.
An ordinance requiring a survey shall require that the
survey be completed and filed with the application for
approval of the short subdivision.
(2) Cities, towns, and counties shall include in their
short plat regulations and procedures pursuant to subsection
(1) of this section provisions for considering sidewalks and
other planning features that assure safe walking conditions
for students who walk to and from school. [1990 1st ex.s.
c 17 § 51; 1989 c 330 § 2; 1987 c 354 § 5; 1987 c 92 § 1;
1974 ex.s. c 134 § 3; 1969 ex.s. c 271 § 6.]
Severability--Part, section headings not law--1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
58.17.065 Short plats and short subdivisionsw
Filing. Each short plat and short subdivision granted
pursuant to local regulations after July 1, 1974, shall be filed
with the county auditor and shall not be deemed "approved"
until so filed. [1974 ex.s. c 134 § 12.]
58.17.070 Preliminary plat of subdivisions and
dedications--Submission for approval--Procedure. A
preliminary plat of proposed subdivisions and dedications of
land shall be submitted for approval to the legislative body
of the city, town, or county within which the plat is situated.
Unless an applicant for preliminary plat approval
requests otherwise, a preliminary plat shall be processed
simultaneously with applications for fezones, variances,
planned unit developments, site plan approvals, and similar
quasi-judicial or administrative actions to the extent that
procedural requirements applicable to these actions permit
simultaneous processing. [1981 c 293 § 4; 1969 ex.s. c 271
§ 7.1
Severability--1981 c 293: See note following RCW 58.17.010.
58.17.080 F'ding of preliminary plat--Notice. Notice
of the filing of a preliminary plat of a proposed subdivision
adjacent to or within one mile of the municipal boundaries
of a city or town, or which contemplates the use of any city
or town utilities shall be given to the appropriate city or
town authorities. Any notice required by this chapter shall
include the hour and location of the hearing and a descrip-
tion of the property to be platted. Notice of the filing of a
preliminary plat of a proposed subdivision located in a city
or town and adjoining the municipal boundaries thereof shall
be given to appropriate county officials. Notice of the filing
of a preliminary plat of a proposed subdivision located
adjacent to the right-of-way of a state highway or within two
miles of the boundary of a state or municipal airport shall be
given to the secretary of transportation. In the case of notifi-
cation to the secretary of transportation, the secretary shall
respond to the notifying authority within fifteen days of such
notice as to the effect that the proposed subdivision will
have on the state highway or the state or municipal airport.
[1982 c 23 § 1; 1969 ex.s. c 271 § 8.]
[Title 58 RCW--page 101
58.17.090 Notice of public hearing. (1) Upon receipt
of an application for preliminary plat approval the adminis-
trative officer charged by ordinance with responsibility for
administration of regulations pertaining to platting and
subdivisions shall provide public notice and set a date for a
public hearing. Except as provided in RCW 36.70B.110, at
a minimum, notice of the hearing shall be given in the
following manner:
(a) Notice shall be published not less than ten days prior
to the hearing in a newspaper of general circulation within
the county and a newspaper of general circulation in the area
where the real property which is proposed to be subdivided
is located; and
(b) Special notice of the hearing shall be given to
adjacent landowners by any other reasonable method local
authorities deem necessary. Adjacent landowners are the
owners of real property, as shown by the records of the
county assessor, located within three hundred feet of any
portion of the boundary of the proposed subdivision. If the
owner of the real property which is proposed to be subdivid-
ed owns another parcel or parcels of real property which lie
adjacent to the real property proposed to be subdivided,
notice under this subsection (1)(b) slSa-'ll~(,en to Owners
of real property located within three hundred feet of any
portion of the bound. aries of such adjacently located parcels
of real property owned by the owner of the real property
proposed to 15e subdivided.
(2) All hearings shall be public. All hearing notices
shall include a description of the location of the proposed
subdivision. The description may be in the form of either a
vicinity location sketch or a written description other than a
legal description. [1995 c 347 § 426; 1981 c 293 § 5; 1974
ex.s. c 134 § 4; 1969 ex.s. c 271 § 9.]
Finding--Severability--Part headings and table of contents not
!aw--1995 c 347: See notes following RCW 36.70A.470.
Severability--1981 c 293: See note following RCW 58.17.010.
58.17.092 Public notice---Identification of affected
property. Any notice made under chapter 58.17 or 36.70B
RCW that identifies affected property may identify this
affected property without using a legal description of the
property including, but not limited to, identification by an
address, written description, vicinity sketch, or other reason-
able means. [1995 c 347 § 427; 1988 c 168 § 12.]
Finding--Severability~Part headings and table of contents not
law--1995 c 347: See notes following RCW 36.70A.470.
58.17.095 Ordinance may authorize administrative
review of preliminary plat without.public hearing. A
county, city, or town may adopt an ordinance providing for
the administrative review of a preliminary plat without a
public heating by adopting an ordinance providing for such
administrative review. The ordinance may specify a thresh~
old number of lots in a subdivision above which a public
hearing must be held, and may specify other factors which
necessitate the holding of a public heating. The administra-
tive review process shall include the following minimum
conditions:
(1) The notice requirements of RCW 58.17.090 shall be
followed, except that the publication shall be made within
ten days of the filing of the application. Additionally, at
(1996 Ed.)