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RES 2003-41 KOURA FARMS SUBDIVISION PRELIMINARY PLAT APPROVALRESOLUTION NO. 2003-41 A RESOLUTION of the City of Bainbridge Island, Washington, approving the Koura Farms Subdivision preliminary plat (File No. SUB 11867) WHIEREAS, on August 1, 2002, a preliminary plat application was submitted by Stephen Deines to the Department of Planning and Community Development; and WHEREAS, the preliminary plat application facilitates creation of 12 residential lots with open space lon a 6.89 -acre parcel located on the west side of Fieldstone Lane, approximately 300 feet north of its intersection with Koura Road; and WHEREAS, the Department of Planning and Community Development reviewed and forwarded its recommendation for conditional approval to the Hearing Examiner; and WHEREAS, on May 9, 2003, the Hearing Examiner conducted a public hearing on the preliminary plat upon proper notice; and WHEREAS, on July 23, 2003, the Hearing Examiner recommended conditional approval of the preliminary plat and entered her Findings of Fact, Conclusions of Law, and Recommendation; now, therefore, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLE\�, WASHINGTON, DOES RESOLVE AS FOLLOWS: Se tion 1. The Findings of Fact, Conclusions of Law and Recommendations of the Hearing Examiner (File No. SUB11867), as set forth in Exhibit "A", r%hich is attached and incorporaged by reference, is adopted as the final decision of the Bainbridge Island City Council. S ,ct� io=2• The proposed preliminary plat is in conformance with the zoning ordinance, the comprehensive plan, the subdivision regulations and standards, and all applicable land use ordinances and applicable state law in effect at the time the fully completed application for preliminary plat approval was submitted by Stephen Deines to the Depanment of Planning and Community Development. S ction 3. The final plat of the Koura Farms Weis Subdivision shall state on its face that it is,subj4ct to the conditions of approval set forth in this resolution. PASSED by the City Council this 10th day of September, 2003. APPROVED by the Mayor on the 1 lth day of September, 2003. ATTEST/AUTHENTICATE: Ssan P. Kasper, City Clerk FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NUMBER: .. Darlene Kc on uW Mayor August 11, 2003 September 10, 2003 2003-41 Koura Farms Subdivision Preliminary Plat Page 2 FILE 1 EXHIBIT A CITY OF BAINBRIDGE ISLAND OFFICE OF THE HEARING EXAMINER APPLICATION FOR A PRELIMINARY ) SUB11867 PLAT APP OVAL OF KOURA FARMS ) FINDINGS OF FACT SUBDIVISI N ) CONCLUSIONS OF LAW APPLICANT: STEPHEN DEINES ) AND RECOMNIENDATION FINDINGS OF FACT I. Step en Deines has filed an application for preliminary plat approval to subdivide a 6.89 acre parcel i to 12 residential lots. This property is owned by Noboru and Mary Koura. The parcel is located on the west side of Fieldstone Lane, approximately 300 -feet north of Koura Road. The parcel is identified by Tax Assessor No. 092502-4-074-2009. A legal description for the parcel is� attached to this Decision as Attachment -A-. This subdivision will be developed by Stephen Demes. 2. Thiite was formerly developed as a strawberry farm. Strawberry farming was s s discontinue about 30 -years ago. The site is undeveloped, except for a residence located on the west side o the parcel. The property is a gently rolling grassland with scattered evergreen trees. A substantial stand of mature trees is growing in the southwest corner of the parcel [EXHIBIT 38, Attachment ). The Kitsap County Soils Survey indicates that this site is underlain with Kapowsin gravelly loam soils, however, cemented hardpan is found at a depth of 20 to 33 inches. The depth of the cemented hardpan and the wetness of the subsoil on this site require special consideration in the design of septic systems. 3- This parcel has been given a zoning designation of R-2, or 2 -units per acre, and a Comprehensive Plan designation of OSR-2. All surrounding properties are zoned R-2 and designated SR -2 in the Comprehensive Plan. The property is surrounded on the east and west by residential development having an average lot size of 2/3 -acre. It is bordered on the north and south by R 2 zoned property with residences located on oversize lots. Some adjoining parcels are also remnant agricultural parcels that were cleared but not developed. This parcel is appropriate for ill de elopment. The public use and interest will be served by the platting of this - rlevelonmeit in accordancewith BIMC 17.04. 4. The site plan submitted by the applicant divides the parcel into 12 building lots, including the lot, set 'side for the residence on the property. The plat has been designed with 2.28 acres of dedicated c pen space. The mature stand of trees in the southwest corner of the parcel will be retained in i 3/4 -acre open space tract that will be held in common ownership and maintained by a homeowne s' association. [EXHIBIT 26 and Condition 33] Hearing Examiner SUB 11867 Koura Farms Subdivision Page -1- City of Bainbridge Island 5. BIMC 18.30 regulates properties in the R-2 zone. This proposed subdivision complies with the maximum density allowed in BIMC 18.30.040 [EXHIBIT 26]. Building coverage and height limitations will be reviewed at the building permit issuance and prior to final occupancy [Condition 29]. The development of this property for single-family residential use is a permitted use in the zone (BIMC 18.30.020(I)). Lot area, yard setbacks and minimum lot dimensions regulations of BIMC 18.30 do not apply to this subdivision which is developed under the flexible lot design (BIMC 18.30.085). 6. No environmentally sensitive areas have been identified on this site. [EXHIBIT 38, Page 131 7. This subdivision will be accessed off Koura Road via Fieldstone Lane. Fieldstone Lane, as currently developed, is too narrow to comply with the city's road design standards. The applicant has access easement rights along the eastern 20 -feet of a lot owned by I & S Fidelman [EXHIBIT 46]. This 20 -foot easement will provide adequate right-of-way for the required expansion of Fieldstone Lane, from Koura Road to the northeast corner of the applicant's property [EXHIBIT 41 and 45]. The applicant has agreed to develop Fieldstone Lane to comply with Residential - Suburban Road Standards. The road will be developed as an 18 -foot wide roadway, with adjoining drainage ditches and 3 -foot wide shoulders. Fieldstone Lane will be centered on the common property line between properties on the east and west. The new roadway will utilize both public right-of-way and private access easements [See EXHIBIT 40 and 41]. A private access road will be developed within the subdivision for access to Fieldstone Lane. This private access road has been named Koura Farm Drive. Koura Farm Drive,will be developed to the City's Optional Residential -Suburban Street Standards. The street will terminate with a 45 -foot radius cul-de-sac or a one-way 12 -foot wide loop. This internal access road will provide access to all lots in the subdivision, except Lot 6 which will have direct access onto Fieldstone Lane [EXHIBIT 44]. All private access easements and private roadways will be maintained under the terms of a private road maintenance agreement which guarantees that the roads will be maintained in a safe and passable condition at all times. The Department of Public Works has recommended that the applicant improve Fieldstone Lane along the entire eastern property line frontage [EXHIBIT 38, Attachment D]. Koura Farm Drive intersects with Fieldstone Lane approximately 150 -feet south of the southeast comer of the adjoining Chadwick property. The Chadwick property adjoins the Koura Farm property on its northeast corner. - Fieldstone Lane has not been developed as a through street. If fully developed, Fieldstone Lane would connect Bayhill Road on the north with Koura Road on the south. The City has no current plans for road improvements to Fieldstone Lane north of the subject property. Several neighbors expressed concern about a connection between Fieldstone Lane and Bayhill Road to the north. The Department of Public Works has requested that the applicant improve Fieldstone Lane along the entire property frontage. Neighbors have asked that the public SUB 11867 Hearing Examiner Koury Fams Subdivision Page -2- City of Bainbridge Island road go no fir her north than the property that is to be platted. A connection to Bayhill Road was not supported by the neighbors [EXHIBIT 38, Attachment E]. Traffic from the subdivision will impact Fieldstone Lane south of Koura Farm Drive. Fieldstone Lane is not a through street, therefore, it can be expected that subdivision traffic, except from Lot 6, will turn south from Koura Farm Drive. Anu improved roadway has been established along the east -west water line easement across the Kura property. This roadway will be abandoned [Testimony of Mr. Deines]. There will be no vehicle access to the subdivision from the west. The existing residence driveway along the western property line will be developed as a 10 -foot wide pedestrian trail which extends from the north tot the south property line [EXHIBIT 26, Pages 5, 6 and 7, and Condition 10] 8. Thisite was formerly a strawberry farm but has not been in agricultural production for the last 30-y ,ars. The terra cotta tiles used for a drainage system in the strawberry fields are still e thr in placo ghout the property. When this old drainage system is disrupted, it creates unique drainage prolems because of the shallow soils on the property. A stormwater drainage system designed by Browne Engineering will improve drainage conditions on the property [EXHIBIT 27]. No on-$ite stormwater infiltration systems will be installed on the subdivision lots [Testimony Tom HerriottJ. All lots will be connected to the stormwater pond detention system. The developer will improve the ditching system along Fieldstone Lane north of the property. Th stormwater will be routed to follow its historical course in the ditches along the west side of ieldstone Lane and then through an existing concrete culvert north of the Stresky property. TI e water would then be channeled across the northwest corner of the Ostenson property and disbursed into wetlands located to the east on the Clements property [EXHIBITS 48 and 49]. This preliminary drainage plan has been approved by the Public Works Department and will be revie} ed as the project is built out [EXHIBIT 38, Attachment D]. 9. Theremerton-Kitsap County Health District (Health District) reviewed this subdivision lication appd made specific recommendations for on-site sewage disposal. The original recommend tion [EXHIBIT 16] for lot sizes less than 22,000 square feet with on-site stormwater infiltrations stems required a Building Site Approval (BSA) for the septic systems prior to final plat approval. On May 16, 2003, the Health District revised their recommendations after a new stormwater management system was proposed by the applicant. The new Health District recommendations for the Koura Farms plat eliminate the requirement for pre -final plat approval of BSA's on los of less than 22,000 square feet, provided the plat has a stormwater retention pond system whit i serves all lots in the plat, and no lot is designed with on-site stormwater infiltration. All lots also must have a minimum lot size of 18,000 square feet. The new stormwater management system proposed for this plat meets those requirements [EXHIBIT 47A, 27, and testimony o Tom Herriott]. 10. The �ity Engineer reviewed this project and-dt;termined that a traffic impact analysis will SU1311867I Hearing Examiner Koura Farms Sl bdivision Page -3- City of Bainbridge Island not be required [EXHIBIT 42]. A Certificate of Concurrency has been issued by the City Engineer [EXHIBIT 43]. The City Engineer has determined that this residential project will add approximately 115 average daily trips to the city's street system. This traffic will access Koura Road via Fieldstone Lane. Koura Road, according to the City Engineer, is currently operating at a Level of Service A, (LOS -A). The City's Comprehensive Plan Transportation Element allows a minimum of LOS -C for Koura Road at this location. The addition of the 115 daily trips generated by this subdivision will not push the LOS below the current allowed minimum [EXHIBIT 42]. 11. Several neighbors testified at the public hearing regarding concerns with stormwater drainage in the area. Bitsy Ostenson testified that the ditches along Fieldstone Lane are inadequate to handle winter stormwater flows [EXHIBIT 48]. The applicant has addressed those drainage concerns by letter dated May 22, 2003 [EXHIBIT 49]. The Koura Farm plat drainage plan will improve the drainage ditch along Fieldstone to eliminate or minimize any water flow across Fieldstone Lane to the east onto the Ostenson property. 12. A SEPA Mitigated Determination of Nonsignificance (MDNS) was issued by the City on March 8, 2003. No comments or appeals were filed. 13. This plat will be provided potable water by the Meadowmeer Water Service Association [EXHIBIT 7]. Each lot will provide for sewage disposal through an individual septic tank system. Stormwater drainage will be controlled by on-site detention, with eventual release into ditches along Fieldstone Lane, channeling the stormwater northwards in its historic path. Police protection will be provided by the Bainbridge Island Police Department. Kitsap County Fire District No. 23 will provide fire protection. Two additional fire hydrants will be installed to ensure adequate fire flow for fire protection to homes built in the subdivision [EXHIBIT 23]. Children residing in this subdivision may attend the Bainbridge Island public school system. School impact fees will be paid for each of these created lots. One half of the school impact fees will be paid prior to final plat approval, and one half of the fees will be paid subsequent to plat recordation and prior to building permit issuance. 14. An Open Space Management Plan has been filed by the applicant [EXHIBIT II]. In addition to this plan, a homeowners' association will be established for the purpose of maintaining private roadways and common open space in the subdivision. The homeowners' association CC&R's will identify the method and frequency of maintenance activities for the open space and private roadways, and will include assessment and enforcement provisions to ensure compliance with the terms of the maintenance agreement [Condition 33]. 15. The City of Bainbridge Island has adopted a Non -Motorized Transportation Plana The overall goal of that plan is "to provide the citizens of Bainbridge Island with a non -motorized transportation system. The Plan identifies a planned and coordinated network of sidewalks, trails, footpaths, bikeways and multi-purpose trails, that connect neighborhoods with parks, schools, the SUB 11867 Hearing Examiner Koura Famis Subdivision Page -4- City of Bainbridge Island shoreline, the ferry terminal and commercial areas in a way that maximizes mobility, provides a sense of safet and comfort for pedestrians, bicyclists and equestrians, while respecting property owners rights the natural environmental and the character of existing neighborhoods" [Plan, page 2-1]. Its furtherance of that goal, the Koura Farms plat includes a 15 -foot public easement along the we0ern length of the property. This 15 -foot easement will accommodate a 10 -foot wide pedestrian trail [Condition 10]. The applicant will also construct a pedestrian trail along the property's Fi ldstone Lane frontage [Condition 10]. In addition to these trails, the applicant will construct an Oast -west pedestrian trail to provide subdivision residents access to neighborhood trails. The tra l may be located along Koura Farms Drive in the open space. The location of the east -west trai must be approved by the Department of Planning and Community Development prior to final )lat approval [Condition 311. The homeowners' association will be responsible for maintenanceof all paths and trails in the subdivision [Condition 10]. 16. The a I pplicant will be required to submit a landscape plan for all open space areas including the area around the proposed stormwater detention pond. This landscape plan will emphasize native plant species. Existing vegetation will be incorporated into the plan. The plan will be submitted to the Department of Planning and Community Development for review and approval prior to final plat approval [Condition 14]. 17. Stree names, subdivision signage and mailbox locations must be approved by the Department of Public Works and the Building Department prior to final plat approval. One of the lots in this subdivision will be developed with an affordable housing unit in compliance with the provisions o BIMC 18.90. City Planner, Bob Katai, has agreed with the applicant that the second sentence of the City's proposed Condition 19 may be deleted. The deleted sentence reads as follows: "The affordable unit shall be completed and sold prior to occupancy of the seventh market ratemt." This sentence is deleted to allow more flexibility for the subdivision developer in the event �he affordable housing provisions of BIMC are changed prior to plat buildout. 18. Onlay 9, 2003, a Public Hearing was held before the Hearing Examiner to consider the application. The Hearing Examiner visited the site on May 8, 2003. Notice of the public hearing was published in the Bainbridge Review on April 16, 2003; notice of the public hearing was mailed to the owners of property within 300 feet of the proposed project, and notices were posted at the City Hall, the Chamber of Commerce, and the Ferry Terminal on March 10, 2003, notice was posted at the subject property on April 22, 2003 [EXHIBIT 37.] 19. The of complete moratorium precluded b: ation for this subdivision was filed with the City on August 1, 2002. A notice ration was issued on August 2, 2002. The City of Bainbridge Island subdivision into effect on August 5, 2002. A full review of this subdivision was not _ the moratorium. STA311867 I Hearing Examiner Koura Farms 5lubdivision Page -5- City of Bainbridge Island CONCLUSIONS OF LAW 1. This application for preliminary plat approval is properly before the Hearing Examiner pursuant to jurisdiction established in BIMC 17.04 and BIMC 2.16. This application was not subject to the moratorium adopted by Ordinance 2002-28. Adequate legal notice was given prior to the public hearing which was held on May 9, 2003. At the request of the applicant, the record remained open until May 23, 2003 for the receipt of additional exhibits. 2. BIMC 17.04.094 sets forth the decision criteria for approval of a subdivision application. 3. BIMC 17.04.094. A. 1. a: The Subdivision may be approved or approved with modification if.• 1. The preliminary subdivision makes appropriate provisions for the public health, safety and general and public use and interest, including the following: a. Higlnrcns, roads, streets and other transit facilities; The site plan for this subdivision depicts an internal access road which provides access to all lots except Lot 6. This internal access road will be called Koura Farm Drive. The access road will connect to Koura Road (a collector street) via Fieldstone Lane NE. Lot 6 will access directly onto Fieldstone Lane NE. The applicant will make improvements to Fieldstone Lane NE so that it complies with the City's Residential -Suburban Road Standards. An 18 -foot roadway, adjoining ditches and 3 -foot wide shoulders, will be included in the design of the improved roadway. This improved Fieldstone Lane NE will be developed over a combination of private easements and public right-of-way and will provide access to Koura Road. Public transit stops for Kitsap Transit are located along Koura Road and will be available for use by residents of this subdivision. Private roadways in the subdivision will be maintained by a homeowners' association under a road maintenance agreement [EXHIBIT 38, Attachment DJ [Conditions 23 and 24]. 4. BIMC 17.04.094.A. Lb: The Subdivision may be approved or approved with modification if.- 1. The preliminary subdivision makes appropriate provisions for the public health, safety and general and public use and interest, including the following: b. Streets, including street names, traffic regulatory signs and mailbox locations: Appropriate street names, signage and mailbox locations will be designated by the applicant and approved by the Department of Public Works and the Building Department prior to final plat approval. Speed bumps now located on Fieldstone Lane NE will be removed [Condition 20]. Appropriate speed limit signage will be installed after approval by the Public Works Department. 5. BIMC 17.04.094. A. 1. c: The Subdivision may be approved or approved with modification if.- 1. The preliminary subdivision makes appropriate provisions for the public health, safety and general and public use and interest, including the following: c. Transit stops,, Residents of this subdivision will have access to the transit stops now located along Koura Road. Kitsap Transit provides public transportation on a regular schedule at those transit stops. SUB 11867 Hearing Examiner Koura Farms Subdivision Page -6- City of Bainbridge Island 6. BIMC 17.04.094.A. Ld: The Subdivision maybe approved or approved with modification i : 1. The preliminary subdivision makes appropriate provisions for the public health, safety and general and public use and interest, including the follawing: d. Pedestrian facilities; The applicant will deed a 15 -foot trail easement along the west property line of the subject property [EX IBIT 26, Sheet 2]. A 10 -foot wide public pedestrian path will be built within that easement. A orth-south pedestrian trail will also be constructed along the Fieldstone Lane frontage. Aneast-west pedestrian trail will provide subdivision residents access to the neighborhood trails. This east -west trail may be located along Koura Farms Drive [Condition 31]. The con traction and location of the trails must be approved by the Department of Public Works prior to final plat approval. All trails in the subdivision will be maintained by a homeowners' association [Condition 10]. 7. BIMC 17.04.094.A.1.e: The Subdivision maybe approved or approved with modification if: 1. The preliminary subdivision makes appropriate provisions for the public health, safety and general and public use and interest, including the following.- e. Other public ways leading to and providing access to and within the subtltvision; Acces$ to this subdivision will be by pedestrian trail and by public roads. No other public ways lead to, jsr provide access to, the subdivision. 8. BIMCII 17.04.094.A. Lf & g: The Subdivision may be approved or approved with modificationif 1. The preliminary subdivision makes appropriate provisions for the public health, safety and general and public use and interest, including the following: f. Schools; g. Schoolgroun ; Scho I impact fees will be assessed on each lot in this subdivision. One half of the school impact fees wIl be assessed on each lot prior to final plat approval. The remaining one half of the school impac fee will be paid at the time of building permit issuance for structures on each lot [Condition 14]. 9. B1M1 modification health, safer This This open sp mature trees is a .33 acre space is an e This open sp established c 17.04.094.A.I.h: The Subdivision maybe approved or approved with (• 1. The preliminary subdivision makes appropriate provisions for the public 2nd general and public use and interest, including the following: h. Open spaces; ibdivision proposal provides for 2.28 acres of open space on a 6.89 acre parcel. ;e is set aside in three main areas. Open Space Tract No.I is a 3/4 acre grove of ihich are being retained in the southwest corner of the site. Open Space Tract No.2 ormwater detention pond area which will be landscaped. The third area of open ensive open space dedication on the north and south sides of Koura Farm Drive. -e totals 1.2 acres. In addition to these open space areas, a trail system will be the east and west property lines and traversing the plat east to west [EXHIBIT 26]. SUB 11817 Hearing Examiner Koura Farms Subdivision Page -7- City of Bainbridge Island 10. BIMC 17.04.094.A. Li: The Subdivision may be approved or approved with modification if: 1. The preliminary subdivision makes appropriate provisions for the public health, safety and general and public use and interest, including the following: i. Parks; There are two public parks located within a mile of this subdivision. Meig's Park is located to the east, and a portion of the Grand Forest is located due south of the subdivision. Residents of the subdivision will have direct trail and street access to these public parks. 11. BIMC 17.04.094.A. l.j: The Subdivision may be approved or approved with modification if: 1. The preliminary subdivision makes appropriate provisions for the public health, safety and general and public use and interest, including the following: j. Recreation facilities; This subdivision is being developed in an area intensely developed with private residences surrounding a nine -hole golf course. Meadowmeer Golf Course is a private golf course that is open to the public for paid recreational use. The Bainbridge Island Racquet Club, a private membership club, whose facilities are open to additional members, is nearby. The Golf Course and the Racquet Club are located within one mile of this subdivision. 12. BIMC 17.04.094.A.1.k: The Subdivision may be approved or approved with modification if: 1. The preliminary subdivision makes appropriate provisions for the public health, safety and general and public use and interest, including the following: k. Playgrounds; The lots in this subdivision will range in size from 18,000 sq.ft. to 27,000 sq.ft. Individual lot owners should have adequate space available for backyard play equipment. In addition, the subdivision will have open greenbelt areas and a commonly maintained open space tract in the southwest corner of the parcel which could be developed for additional recreation if allowed through the homeowners' association CC&R's [EXHIBIT 261. 13. BIMC 17.04.094. A. I.I & m: The Subdivision may be approved or approved with modification if: 1. The preliminary subdivision makes appropriate provisions for the public health, safety and general and public use and interest, including the following.• 1. Fire and emergency vehicle access; m. Fire flow; The Department of Public Works has required widening of Fieldstone Lane NE [EXHIBIT 38, Attachment D]. A looped terminus to Koura Farms Road will facilitate emergency vehicle access to this subdivision. The Fire Department has verified that sufficient fire flow exists in the Meadowmeer Water Service area. The Fire Department has required the applicant to install two additional hydrants to ensure adequate fire protection for homes in the subdivision [EXHIBIT 23J. 14. BIMC 17.04.094. A. 1. n: The Subdivision may be approved or approved with modification if: 1. The preliminary subdivision makes appropriate provisions for the public health, safety, and general and public use and interest, including the following: it. Drainage and - storm water faetlities; The applicant has retained Browne Engineering to design a stormwater drainage system for the subdivision. This system will include a stormwater detention pond on the northeast comer Sus 11867 Hearing Examiner Koura Farms Subdivision Page -8- City of Bainbridge Island of the site. AJ 1 lots in this subdivision will connect to this stormwater management system. The applicant will improve the ditching system along Fieldstone Lane NE to address drainage problems downstream to the north. The stormwater facilities will include bioswales for water quality protection [EXHIBIT 27 and EXHIBIT 49]. 15. BIMC 17.04.094.A. l.o & p: The Subdivision maybe approved or approved with modification }; 1. The preliminary subdivision makes appropriate provisions for the public health, safetyl and general and public use and interest, including the following: o. Water supplies, incl ding potable water; p. Sanitary waste. The applicant has obtained a Water Availability Letter from the Meadowmeer Water Service Asso iation [EXHIBIT 7]. The Fire Department has verified that sufficient fire flow exists in this area to provide adequate fire protection [EXHIBIT 23]. Sewage disposal for each lot will be prc vided through an individual septic system. The Health District has reviewed this application and has given preliminary approval to the site plan design. Since the lots are greater than 18,000 s 1.11. in size and no on-site stormwater infiltration is proposed, the Health District has not required building site approval prior to final plat approval. The septic system designed for each lot must be approved by the Health District prior to building permit issuance. [EXHIBIT 47A, A ttachnilent B]. 16. BIM 17.04.094.A.2: The Subdivision maybe approved or approved with modification if. -2. The preliminary residential subdivision has been prepared consistent with the requirements of the flexible lot line process and applicable flexible lot standards; Soil conditions on the parcel and the use of septic systems for sewage disposal, prohibit clustering of home sites under the flex lot process. This preliminary plat is consistent with the flexible lot pr cess in that the home sites are configured to provide substantial open space in the plat.Minimu lot size in the plat is 18,014 square feet. Both common tracts of open space and greenbelts ha a been set aside on the site plan. This pattern of development is consistent with the development of surrounding properties [EXHIBIT 26]. 17. BIM if: 3. Any p BIMC, cont This developed f 38, Page 1 i 18. BE if: 4. The vicinity of surrounding 17.04.094.A.3: The Subdivision may be approved or approved with modification tion of the subdivision which contains a critical area, as defined in Chapter 16.20 ,ns to all requirements of that ordinance; 89 acre parcel has a gently rolling topography which was cleared and previously strawberry fields. There are no critical areas identified on the property. [EXHIBIT 17.04.094.A.4: The Subdivision maybe approved or approved with modification division reasonably maintains and protects productive agricultural uses in the property, including complying with BIMC 16.20.180; are no longer any agricultural uses on properties in the vicinity of this site. The roperties have been developed for residential use on half acre lots. The site is SUB sub 11867 Hearing Examiner Koura Farms division Page -9- City of Bainbridge Island bordered on the north and south by R-2 zoned property with scattered residences located on oversized lots. It is unlikely that any agricultural use will be resumed on the remaining undeveloped property. 19. BIMC 17.04.094.A.5: The Subdivision may be approved or approved with modification if.• 5. The overall design of the proposal minimizes soil erosion and the possibility of on or off- site stream siltation, landslides and mudslides and meets the requirements for drainage control, codified in Chapter 15.20 BIMC. An erosion, water and drainage plan has been prepared for the applicant by Browne Engineering, Inc. [EXHIBIT 6 and 27] The Public Works Department has approved the preliminary drainage and erosion control plan [See Attachment D to Staff Report — EXHIBIT 37]. SEPA Condition 1. requires the applicant to submit a temporary erosion and sediment control plan for review and approval by the City Engineer. These plans must make provision for earth disturbance activities during both the wet and dry season, if such activities are likely to cause measurable degradation of surface water quality. The stormwater management system will include biofiltration swales to protect water quality. The water outflow from the stormwater detention pond will be metered to maintain or improve pre -development historic flows [Condition 5]. 20. BIMC 17.04.094.A.6: The Subdivision may be approved or approved with modification if.• 1. The preliminary subdivision design is compatible with the physical characteristics of the proposed subdivision site,- This ite;This subdivision is proposed for a 6.89 acre site which has a rolling grassland topography [EXHIBIT 26, Page 4]. The site was previously developed for agricultural use and most trees were cleared from the property. The trees remaining on the property will be protected in open space tracts. There are no streams or ponds on the property and no steep slopes. [EXHIBIT 11 and EXHIBIT 38, Attachment B]. 21. BIMC 17.04.094.A.7: The Subdivision may, be approved or approved with modification if: 7. The proposal complies with all applicable provisions of this code, Chapters 58.17 and 36.70A RCW, and all other applicable provisions of state and federal laws and regulations; This application has been reviewed by the City's Planning Department and by the Public Works Department. The Bainbridge Fire Department and Bremerton-Kitsap County Health District have reviewed the preliminary application for compliance with their regulations. This" plat, if developed as conditioned, will comply with all State and Federal laws and regulations applicable to the development of this subdivision. [BIMC 17.04, 15.20, 16.20, 15.21, 18.30, 18.90 and 16.04]. 22. BIMC 17.04.094.A.8: The Subdivision may be approved or approved with modification if: 1. The proposal is in accord with the city's comprehensive plan; The Staff Report lists a review of applicable Comprehensive Plan goals and policies which SUB 11867 Hearing Examiner Koura Farms Subdivision Page -10- City of Bainbridge Island apply to this la Ind use project. Since this is a flexible lot subdivision, the policies of OS 1.10 apply to this project This subdivision has been designed to meet the provisions of this Comprehensive Plan policy. he applicant is proposing a variety of open space tracts to protect some of the scenic grassland vista now available on the site. A mature stand of trees in the southwest corner of the property is also being protected in open space. Both public and private pedestrian trails will be develo ed by the applicant to provide pedestrian access through the subdivision. The site design has been limited by the need to provide sewage disposal through septic systems rather than a sewer system. Intense clustering of the homes is not possible due to the minimum areas required for individual septic drainfields. The applicant has agreed to improve Fieldstone Lane and construct a private interior access road for safe passage for residents of the subdivision to Koura Road, i public right-of-way. Stormwater drainage on the property will be improved by a stormwater detention system designed by the applicant's consultant. These stormwater facilities will be in place prior to final plat approval. Each lot in the subdivision will have its own septic system which must be approved by the Health District [Condition 16]. With these improvements, adequate pubic facilities and amenities will be provided for the subdivision. The site design does not create an open space large enough to support limited agriculture. This property is surrounded by other properties which have been converted to residential use and is an appropriate site for residential in -fill. The Comprehensive Plan's Non -Motorized Transportation Plan identifies two trail segments on this property. Along the western border the plan designates a 10 -foot wide, two- way path. Along Fieldstone Lane's frontage, the plan designates a trail. The applicant will be required to develop pedestrian pathways in both those areas, and in addition will construct an east -west pedestrian path to give subdivision residents access to the neighborhood trails. The homeowners association will be responsible for maintenance of all paths and trails in the subdivision [Conditions 10 and 31]. 23. BIM17.04.094.A.9: The Subdivision may be approved or approved with modification if. 9. Where verfeasible, the preliminary plat design includes measures to minimize clearing, with priority given to maintenance of existing vegetation and re -vegetation is incorporated into the preliminary plat design when possible; This preliminary plat has been designed to retain a majority of the significant trees on the property. M st of the significant trees have been protected in common open space [EXHIBIT 11]. The stormwater detention pond area will be revegetated with native plantings. An open space area along Koura Farms Drive will be maintained as an open meadow. [EXHIBIT 26, EXHIBIT 38, Attachments A&B]. 24. BIM 17.04.094.A.10: The Subdivision may be approved or approved with modification if.: 10. The preliminary subdivision meets road and storm water management requirements. This (preliminary plat has been reviewed by the Department of Public Works and they have given preli4nary approval to the stormwater management plan proposed by the applicant. This Hearing Examiner SUB i 1867 City of Bainbridge Island Koura Farms Subdivision Page -11- stormwater management system will be in place prior to final plat approval [EXHIBIT 38, Attachment D]. Further review and approval by the Department of Public Works will occur as the project is developed. The City Engineer has issued a Certificate of Concurrency for this project [EXHIBIT 43]. The City Engineer has determined that the LOS level on Koura Road will not exceed the LOS -C minimum required by the Comprehensive Plan [EXHIBIT 42]. The applicant will make off-site ditching improvements along Fieldstone Lane NE, to improve stormwater drainage off-site [Condition 26]. Fieldstone Lane will be improved from Koura Road to the northeast corner of the site where it adjoins Fieldstone Lane, to ensure that residents of this subdivision have safe and adequate passage to the public right-of-way on Koura Road. Koura Farms Drive, the private internal access road, will be maintained under a road maintenance agreement by the homeowners' association [Condition 23]. 25. BIMC 17.04.094.B: A proposed subdivision shall not be approved unless written findings are made that the public use and interest will be served by the platting of such subdivision. A finding has been made that the public use and interest will be served by the platting of this subdivision [Finding 3]. The site is appropriate for in -fill of residential development, consistent with the use of most properties in the vicinity. The site is zoned R-2 which allows two homes per acre (BIMC 18.30). Twelve lots are proposed for this 6.89 acre subdivision. Adequate public and private facilities will be constructed prior to final plat approval to develop this property for single-family residential use. 26. BIMC 17.04.094.C: In making a determination of approval, approval with modifications or disapproval using the subsections A and B of this section, the following additional factors without limitation will also be considered: 1. All public and private facilities and improvements on and off the site necessary to provide for the proposed subdivision will be available when needed; This preliminary plat has been appropriately conditioned to ensure that all public and private facilities and improvements on and off the site necessary to provide for the proposed subdivision will be available when needed. Road improvements to Fieldstone Lane NE will be completed prior to final plat approval [Condition 20]. Meadowmeer Water Service Association will provide potable water to the subdivision which will provide adequate fire flow at two new hydrants installed in the subdivision [EXHIBITS 7 and 23]. Recreational trails will be built for pedestrian access through the subdivision [Condition 10 and 31]. Transit stops and service are already available along Koura Road and will provide public transit opportunities for residents of this subdivision. Electric and telephone service are readily available in the vicinity and can be extended to service this property. Stormwater control facilities will be built prior to final plat approval. These stormwater facilities, along with improvements to existing ditching, should improve surface water drainage in the area [Condition 5]. Each of these lots will be provided sewage disposal, with an on-site septic system that has been approved by the Health District prior to building permit issuance [Condition 16]. SUB 11867 Hearing Examiner Koura Farms Subdivision Page -12- City of Bainbridge Island 27. BIMC 17.04.094. C.2: In making a determination of approval, approval with modifications or disapproval using the subsections A and B of this section, the following additionalfac tors without limitation will also be considered.- ....2. Proposed new utilities, facilities and services, and the proposed additional use of existing utilities, facilities and services will not degrc de the existing level of operation and the use of such utilities, facilities and services below accepted standards; The a plicant has received a Water Availability Letter from the Meadowmeer Water Service Association which indicates that there is adequate water available through that system to service the su division [EXHIBIT 7]. Sewage disposal systems will be designed for each lot and approved by the Health District prior to building permit issuance [Condition 16]. On-site stormwater facilities, through an on-site detention pond and metered release system, will improve stormwater drainage in the area. [EXHIBIT 27]. Required improvements to Fieldstone Lane will bring that to way up to City of Bainbridge Island Road Design Standards for Residential - Suburban Roads [Condition 201. The addition of 115 average daily trips from this subdivision will not chanj e the LOS level on Koura Road which is the nearest collector street [EXHIBIT 42]. Telephone ani electric service are readily available. The additional use of these utilities, facilities and services will not degrade the existing level of operation or use of those utilities, facilities and services below accepted standards. PE additional fc vistas which This E travelers alon cul-de-sac to of 18,000 sq. around a soul to define the existing vista history of the 29. additional fa trees, and ob groundwater welfare; This trees on the I 17.04.094.C.3: In making a determination of approval, approval with or disapproval using the subsections A and B of this section, the following tors without limitation will also be considered:... 3. The scenic value of existing rovide substantial value to the state and public at large, such as views from public parks and open space; 89 acre site is an undeveloped grassland which has provided a peaceful vista for Fieldstone Lane NE. The applicant has designed a greenbelt along the proposed d to help alleviate this loss of view. The lots within this subdivision are a minimum t. The homes themselves will be low profile, one to two stories, each organized i facing court. The plan will recall island farmland landscapes by using hedgerows dges of the home sites [EXHIBIT 26 and EXHIBIT 38, Attachment B]. While the vill no longer be available to neighbors, the site design is sensitive to the agricultural property and is consistent with development on surrounding property. 17.04.094.C.4: In making a determination of approval, approval with or disapproval using the subsections A and B of this section, the following tors without limitation will also be considered:... 4. Forest woodlots, individual ar existing vegetation and permeated surfaces which provide watershed protection, echarge, climate moderation, and air purification for the public health and has not been identified as a ground water recharge area. Most significant will be retained after development in open space tracts. The stormwater SUB 111867 Hearing Examiner Koura Farms Su ivision Page -13- City of Bainbridge Island detention pond area will be revegetated with native vegetation after development. The applicant has indicated that every effort will be made to retain all existing trees on the property [Condition 6 & 10 and Condition 34]. 30. BIMC 17.04.094.C.5: In making a determination of approval, approval with modifications or disapproval using the subsections A and B of this section, the following additional factors without limitation will also be considered:... 5. Existing habitat carrying capacity of the property by providing wildlife corridors, and by preserving areas used for nesting and foraging by endangered, threatened or protected species to the extent consistent with the proposed new use. No areas on this property have been identified as areas used for nesting or foraging by endangered, threatened or protected species. This area has long been developed as farmland and has minimal habitat carrying capacity due to the intense suburban development on surrounding properties. No wildlife corridor has been identified across this property. 31. This preliminary plat application must be conditioned to ensure compliance with the provisions of BIMC and the Comprehensive Plan. Those conditions will mitigate probable significant impacts from the development of this property, and ensure compliance with Federal, State and City regulations. The recommended conditions are as follows: SEPA Conditions: 1. Based on the timing of clearing and grading, the City Engineer may require additional erosion control measures beyond those indicated in the preliminary plans date-stamped September 26, 2002. Prior to any clearing and grading, the applicant shall submit a Temporary Erosion and Sediment Control Plan (TESCP) for review and approval by the City Engineer. If the applicant plans to perform earth -disturbing activities during the rainy season, the TESCP shall specifically address wet weather construction, including the requirement that an applicant -supplied Certified Erosion Control Professional oversee such activities. However, if after review of the TESCP, the City Engineer determines that earth -disturbing activities performed during the rainy season is likely to cause measurable degradation of surface water quality and cannot be appropriately mitigated, such activities will be limited to the period between May 1" and September 30". 2. To mitigate air quality impacts during clearing activities, any cleared vegetation must be removed from the site and/or processed by chipper or some other method of disposal that does not require burning. 3. To mitigate air quality impacts during grading and construction activities, contractors shall conform to Puget Sound Clean Air Agency Regulations which insure that reasonable precautions are taken to avoid dust emissions. SUB 11867 Hearing Examiner Koura Farms Subdivision Page -14- City of Bainbridge Island 4. Gi Ga To the satisfaction of the City Engineer, the final plat shall establish easements related to sto m water facilities located outside of public rights-of-way, including the outflow easen ent across the adjoining parcel identified by Assessor Tax Number 092502-4-072- 2001. All st rmwater facilities and their access roadways shall meet the standards of the applicable Department of Ecology (DOE) Stormwater Management Manual and shall comply with BIMC Chapters 15.20 and 15.21. In constructing the facilities, the applicant shall utilize Best Management Practices as endorsed by the Department of Ecology and as directed in its Stormwater Management Manual for the Puget Sound Basi (Technical Manual). Stormwater plans shall be reviewed and approved by the City Engineer prior to plat utilities permit issuance. As -built drawings for the facilities shall be submitted prior to final plat approval and the facilities shall be offered for dedication to the city. Tor duce the amount of removed vegetation and to meet the city's significant tree retention requirements, the mature stand of trees located in Open Space Tract 1 shall be r tained to the satisfaction of the Department of Planning and Community To mitigate noise impacts to adjacent development, outside construction activities shall be linifted in accordance with the provisions of BIMC Section 16.16.025. (The current provisions limit outside construction activities to 7:00 a.m, to 7:00 p.m. on weekdays, not including legal holidays, and 9:00 a.m. to 6:00 p.m. on Saturdays, not including legal holidays. Outside construction activities shall be prohibited on Sundays and all legal holidays.) 8. To itigate potential oft -site glare, street lights, if any, shall be hooded and shielded so that he light or glare does not extend beyond the subdivision's boundary in accordance with the standards listed in BIMC Chapter 15.34. 9. The applicant is required to stop work and immediately notify the Department of Planning and Community Development and the Washington State Office of Archaeology and Historic Preservation if any historical or archaeological artifacts are uncovered during excavation or construction. This provision shall appear as a note on the construction drawings submitted as part of the building permit application. 10. To nitigate traffic impacts, the applicant shall establish easements and trails in acc rdance with the city's adopted Non -Motorized Transportation Plan. Specifically, a l -foot wide path shall be developed adjoining the west property line and a Ded strian trail shall be developed along the property's Fieldstone Lane frontage. The SUB i i 867 Hearing Examiner Koura Farms LbdMsion Page -15- City of Bainbridge Island path and trail shall be constructed consistent with the standards contained in the adopted plan. The applicant can develop additional internal trails to provide future residents access to the required neighborhood network. The homeowners association shall be responsible for the maintenance of all paths/trails in the subdivision. This provision shall be reflected in the open space management plan and on the plat. Non-SEPA Conditions It. Except as modified by conditions, the final plat shall be in substantial conformance with the preliminary plat date-stamped September 26, 2002. 12. The applicant shall secure a plat utilities permit from the Public Works Department prior to any on-site clearing or grading. 13. Prior to submittal of the plat utilities permit application, the applicant shall contact planning staff to schedule a pre -submittal meeting to review the necessary components for a complete application. In addition, with the application, the applicant shall attach a narrative detailing how each condition of approval was addressed by the plat utilities plan. 14. The applicant shall submit landscape plan for the open space areas, including the area around the detention pond. The plan shall emphasize native plant species. The plan shall be submitted to and approved by the Department of Planning and Community Development prior to final plat approval. Existing vegetation should be incorporated into the landscape plan where appropriate. 15. School impact fees shall be paid in accordance with the following provisions: For each of the created lots, prior to final plat approval, the applicant shall pay one half of the school impact fee in effect at the time of final plat approval. Subsequent to plat recordation and prior to building permit issuance, an applicant constructing a residence on any of the created lots shall pay one half of the school impact fee in effect at the time of building permit issuance. 16. Prior to building permit issuance the applicant shall obtain building site approval from the Bremerton-Kitsap County Health District for each lot in the subdivision. 17. Street names, signage, and mailbox locations shall be approved by the Public Works Department and the Building Division prior to final plat approval. 19. At least one of the lots shall be developed with an affordable housing unit in compliance with the provisions of BIIVIC 18.90. SUB] 1867 Hearing Examiner Koura Fanns Subdivision Page -16- City of Bainbridge Island 20. The ii pplicant shall improve the Fieldstone Road right-of-way, between Koura Road and t ie point where the north property line intersects Fieldstone Lane, to Residential Suburban Standards - an 18 -foot wide roadway, adjoining drainage ditch(es), and three-foot wide shoulders. Existing traffic calming features (speed bumps) shall not rema n in the improved roadway. The roadway may be partially located within a priva te easement. The street improvement shall be completed to the satisfaction of the City Engineer prior to final plat approval. 21. The internal cul-de-sac, Koura Farms Road, shall be improved with a roadway meeting the c ty's optional residential suburban street standards. The street shall terminate with 45 -foot radius cul-de-sac or a one-way, 12 -foot wide loop. This improvement shall be completed prior to final plat approval to the satisfaction of the Bainbridge Island Fire Department and the City Engineer. 22. The 4pplicant shall construct the unnamed private drives serving more than a single lot t minimally adequate road standards as defined by Design and Constructions Stan lards and Specifications. These access drives shall consist of an all weather surface that s at least twelve feet in width, does not exceeding 12 percent gradient, and has a heigi t clearance of more than 13 feet, 6 inches. These drives shall be approved by the Fire 3epartment prior to final short plat approval. 23. For any private roadways within the subdivision, a road maintenance agreement, guaranteeing a safe, passable condition at all times, shall be executed and recorded by the applicant prior to final plat approval. This agreement shall include provisions for fee assessment of homeowners of the subdivision to finance required road maintenance. The agreement shall be reviewed and approved by the City Engineer prior to recordation. 24. For i iny portion of Fieldstone Lane that is constructed within a private access easement, as opposed to right-of-wav, a road maintenance agreement, guaranteeing a safe, passible condition at all times, shall be executed and recorded by the applicant prior to fi ial plat approval. The agreement shall be reviewed and approved by the City Eng neer prior to recordation. 25. Lot may obtain direct access from Fieldstone Lane so as not to bisect the open space along proposed Koura Farms Road. All other lots shall obtain access from the prol osed cul-de-sac or shared access drives branching out of the cul-de-sac. - 26. To the satisfaction of the Public Works Department, prior to final plat approval, the ano !cant shall clean-out and deepen the ditch along the west side of Fieldstone Lane, SUB i 1867 Hearing Examiner Koura Farms subdivision Page -17- City of Bainbridge Island along the project site's frontage and northward to the culvert crossing Fieldstone Lane. 27. To the satisfaction of the Bainbridge Island Fire Department, prior to introduction of combustible materials onto the site, the applicant shall install two fire hydrants, as shown on the site plan date-stamped September 26, 2002. The hydrants shall be equipped with four -inch STORZ adapter couplings. 28. Prior to final plat approval, the applicant must submit, to the Bainbridge Island Fire Department, a plan showing revisions to the Meadowmeer water system in the area, depicting the locations of the fire hydrants required as part of this subdivision. 29. The following setback and lot coverage information shall be noted on the final plat: Building to Building: Minimum 10 feet separation Building to Exterior Property Line: Minimum 15 feet Building to Roadways: Minimum 15 feet Building to Trail or Open Space: Minimum 10 feet Maximum Lot Coverage for each lot: 5,005 square feet. 30. All lot corners shall be staked with three-quarter inch galvanized iron pipe and wooden locator stakes. Additionally, all applicable provisions of Appendix A, BIMC Title 17 shall be met prior to final plat approval. 31. Besides the two trails required by Condition 10, the applicant shall install an east -west pedestrian trail to provide subdivision residents access to the neighborhood trails. This trail can be located along the proposed cul-de-sac, Koura Farms Drive. This trail must be constructed prior to final plat approval and to the satisfaction of the Planning and Community Development Department. 32. The applicable provisions of Conditions 6, 15, 19, 25, and 29 shall appear as notes on the final plat. 33. A homeowners association, including all owners of the property within the subdivision, shall be created to maintain the common open space. The CC&R's shall identify the method and frequency of maintenance activities. The CC&R's shall include provisions for enforcement of the CC&R's and a method for fee assessment to finance required open space, stormwater management facility and road maintenance in the subdivision. The CC&R's shall include a provision prohibiting structures, including fencing, within Open Space Tract No. 1, and within the greenbelt to the immediate north of Koura Farms Drive. Vegetative screens are to be planting along the northern portion of the greenbelt to provide privacy to the adjoining homes. The homeowners association documents shall be prepared SUB 11867 Hearing Examiner Koura Farms Subdivision Page -18- City of Bainbridge Island by th� applicant and submitted to the Director of Planning and Community Development for re rew and approval. The subdivision's open space areas under either common and/or priva a ownership must be clearly designated on the face of the final plat. 34. SEPA Conditions No's 6 and 10, when read together, shall be construed as follows: No significant trees shall be removed from Open Space Tract No. 1, except that subject to the recommendation by a certified arborist, significant trees identified as adversely affecting the health of the stand may be removed. Additionally, to improve the safety of the somewhat isolated grove, non-significant trees and understory plants can be removed and replaced with native grasses and ground cover. Where possible the 10 -foot wide trail along thew t property line shall circumvent the berry shrubs in the vicinity of the property fine. Any meandering trail shall not adversely impact the usefulness of the required path, or the health of any of the significant trees in Open Space Tract No.l. RECOMMENDATION The Hearingxaminer recommends to the City Council that this preliminary plat for a 12 -lot subdivision be approved tubject to the conditions listed in Conclusion of Law 31 above. Dated this 23rd day of July, 2003 Robin ThomiLs Baker Hearing Exai niner Pro Tem SUB I 1867 Hearing Examiner Koura Farms Subdivision Page -19- City of Bainbridge Island EXHIBIT "A" ORDER NO.: 32063699 RESULTANT PARCEL C OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 3179230, DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 25 NORTH, RANGE 2 EAST, W.M., KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION; THENCE ALONG THE SOUTH UNE OF SAID SECTION NORTH 88°59'50' WEST 658.39 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 0.57'59' EAST 329.78 FEET ALONG THE EAST LINE OF THE WEST HALF OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER TO THE SOUTHEAST CORNER OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 0.57'59" EAST 329.78 FEET, THENCE LEAVING SAID EAST LINE NORTH 89.01'35' WEST 150.00 FEET THENCE NORTH 0057'59' EAST 164.87 FEET; THENCE NORTH 89.02'02' WEST 507.49 FEET TO THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 1.01'44" WEST 494.42 FEET TO THE SOUTHWEST CORNER OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE LEAVING THE SAID WEST UNE SOUTH 89°00'45' EAST 858.03 FEETTO THE TRUE POINT OF BEGINNING; TOGETHER WITH AND SUBJECT TO AN ACCESS AND UTILITIES EASEMENT RECORDED UNDER AUDITOR'S FILE NOS. 8409120060 AND 8409120061; AND TOGETHER WITH AND SUBJECT TO A 20 FOOT ACCESS AND UTILITIES EASEMENT THE CENTERLINE OF WHICH IS THE EAST -WEST CENTERLINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER. ... END OF EXHIBIT "A" .. . Page 1 ATTACHMENT -A-