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RES 2005-07 OLSON PRELIMINARY PLAT APPROVALRESOLUTION NO. 2005-07 A RESOLUTION of the City of Bainbridge Island, Washington, approving the Michael Olson Subdivision preliminary plat (File No. SUB09800) WHEREAS, on March 13, 2002, a preliminary plat application was submitted by Michael Olson to the Department of Planning and Community Development; and WHEREAS, the preliminary plat application facilitates creation of 6 residential lots with open space on a 4.50 -acre parcel located on the south side of NE Lofgren Road, between Fir Street NE and Hemlock Street NE, and WHEREAS, the Department of Planning and Community Development reviewed and forwarded its recommendation for conditional approval to the Hearing Examiner; and WHEREAS, on July 31, 2003, the Hearing Examiner conducted a public hearing on the preliminary plat upon proper notice; and WHEREAS, on November 14, 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 ISLAND, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1. The Findings of Fact, Conclusions of Law and Recommendations of the Hearing Examiner (File No. SUB09800), as set forth in Exhibit "A", which is attached and incorporated by reference, is adopted as the final decision of the Bainbridge Island City Council, except that Condition 23 is amended to read "Health District approval for septic systems and the water well system is required prior to final plat submittal." Section 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 Department of Planning and Community Development. Michael Olson Subdivision Preliminary Plat Page 1 Section 3. The final plat of the Michael Olson Subdivision shall state on its face that it is subject to the conditions of approval set forth in this resolution. PASSED by the Council of the City of Bainbridge Island, Washington, this 3rd day of August 2005. APPROVED by the Mayor on the 4th day of August Darlene Kordonowy, ATTEST/AUTHENTICATE: usan P. Kasper, City Clerk FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NUMBER 2005-07 July 20 2005 August 3, 2005 rkill" Michael Olson Subdivision Preliminary Plat Page 2 TOM BONSELL PLANNER u� L� 3 Or -i CITY OF BAINBRIDGE ISLAND OFFICE OF THE HEARING EXAMINER - APPLICATION FOR A PRELIMINARY ) PLAT APPROVAL AND APPEAL OF ) SEPA MITIGATED DETERMINATION ) OF NONSIGNIFICANCE (MDNS) ) APPLICANT: ESTATE OF OTTO OLSON,) MICHAEL OLSON, EXECUTOR ) SUB09800 FINDINGS OF FACT CONCLUSIONS OF LAW, SEPA APPEAL DECISION AND PRELIMINARY PLAT RECOMMENDATION FINDINGS OF FACT 1. The Estate of Otto Olson owns a 4.5 acre parcel on the south side of Lofgren Road, between Hemlock Street and Fir Street in the City of Bainbridge Island. This parcel is legally described as: Lot 46 of Rolling Bay City, recorded in Volume 3, Page 11 of Plats, Records of Kitsap County and situate in Government Lot 2, Section 13, Township 25 N, Range 2 E, Willamette Meridian, City of Bainbridge Island, Kitsap County, Washington. Tax Account # 4169 000 046 0005 2. Mr. Michael Olson is the executor of the Estate of Otto Olson. Mr. Olson has filed an application for Preliminary Plat approval to divide the 4.5 acre parcel into six single-family residential lots. The parcel has been developed with a single-family residence which has driveway access to Fir Street. The applicant proposes six rectangular lots, three of which abut Fir Street and three of which abut Hemlock Street. A ravine and a seasonal stream run generally south to north in the center of the property. This stream has been classified as a Class IV stream. The ravine originates south of the site. The ravine deepens northward and broadens slightly, descending approximately 40-50 feet in elevation from the south property line to the north property line. At the north end of the site, the constructed embankment for NE Lofgren Road spans the ravine, reaching a height of approximately 20 -feet at the ravine access. The ravine slope varies in height and angle. At the south end of the site where the ravine turns northeast, slope angles are more moderate and generally range from 20-30 degrees with a maximum slope height of approximately 35 -feet. The more northerly portions of the ravine have slope angles of approximately 45 degrees and slope heights increase to approximately 40 -feet. Slopes flanking the ravine at the north end reach approximately 50 -feet in height with slope angles of 40 -degrees or less. The ravine is moderate to densely vegetated with established Douglas Firs, deciduous trees and an understory that increase in density from south to north along the ravine. Surface water flows north along the stream channel in the base of the ravine and is channeled off site via a culvert through the roadway embankment at the north end of the ravine. A spring is located in the central portion of the ravine. This spring currently provides a water supply for the residence SUB09800 Hearing Examiner Olson Page -I- City of Bainbridge Island on the property. [See Report of Myers Biodynamics, Inc. — EXHIBIT 9.] 3. The subject property has been given a zoning designation of R-2. Properties to the south, east and west of this parcel have also been zoned R-2. Properties to the north have been zoned R-1. This parcel has been given a Comprehensive Plan designation of OSR-2. Properties to the south, east and west have also been given the Comprehensive Plan designation OSR-2. Property to the north has the Comprehensive Plan designation OSR-1. Properties adjoining this parcel on the north, south, east and west have been developed for single-family residential uses. The development of this parcel for single-family residential use is consistent with the Goals and Policies of the Bainbridge Island Comprehensive Plan. 4. Residents of this subdivision will be provided police protection by the Bainbridge Island Police Department. Children residing in any homes in this subdivision may attend Bainbridge Island public schools. Meigs Park and the Bainbridge Island Park and Recreation District swimming pool facilities are located within 1 -mile of this subdivision. Residents of this subdivision will also have access to public school playground areas located within 1 -mile of the property. Adequate space is available on the lots to develop individual play areas for residents. 5. Lots proposed for this subdivision range in size from 25,180 square feet to 36,438 square feet. Each lot has sufficient building area to accommodate a single-family residence and septic drainfields outside of critical area buffers and well protection areas. The applicant has proposed providing waste water disposal through individual on-site septic systems. 6. Access to the subdivision lots will be from Fir Street and Hemlock Street NE. Lots 1, 2 and 3 will access off Hemlock Street and Lots 4,5 and 6 will access off Fir Street NE. Fir Street NE has been developed as a gravel roadway. The south end of Fir Street was vacated by the City. Fir Street no longer provides access to Yaquina Avenue on the south. Hemlock Street is a public right-of-way which extends from Lofgren Road to Yaquina Avenue. Hemlock Street, south of the Olson parcel, has been developed as a gravel access road for five residences. The Hemlock Street right-of-way bordering the Olson property is undeveloped. The Fire Department has recommended that Hemlock Street be developed from NE Lofgren Road to Yaquina Avenue to provide emergency access for all residents along Hemlock Street and to establish a connectivity route between Lofgren and Yaquina for emergency access. The City Engineer has required development of Hemlock Street from Lofgren Road to the south property line of the Olson parcel for access to the proposed Olson subdivision. 7. A SEPA MDNS was issued by the City on April 16, 2003. A timely appeal was filed by the applicant on May 14, 2003. The applicant has appealed Condition 7 of the SEPA MDNS: In order to provide adequate access to the subdivision, the applicant is required to improve and develop Hemlock Street NE to City of Bainbridge Island, minimally adequate standards. Improvements shall begin at NE Lofgren Road SUB09800 Hearing Examiner Olson Page -2- City of Bainbridge Island and continue to the south property line. All improvements shall be approved by the Department of Public Works. The applicant proposed access to Lots 1, 2 and 3 over the developed section of Hemlock Street south of the Olson parcel. The applicant offered to improve the existing roadway to meet the City's "Minimally Adequate" Road Design Standards [EXHIBIT 6]. Under the applicant's plan, the north portion of Hemlock Street would remain undeveloped. Mr. Tom Herriott, of Browne Engineering, Inc., was retained by the applicant to design an access roadway for the subdivision. Mr. Herriott estimated the cost for improvements to the Hemlock Street right-of- way to connect Lofgren Road to Yaquina Avenue with a "minimally adequate" road with a 15 percent slope is approximately $165,000. Mr. Herriott estimated the cost to improve Hemlock Street from Yaquina to the Olson's south property line, as proposed on Exhibit 6, would be approximately $40,000. 8. Ms. Melva Hill, Department of Public Works (DPW), testified that the City is requiring Hemlock Street to be improved to a 12 -foot wide paved surface with intermittent turnouts to provide adequate access for emergency services. The development of Hemlock from Lofgren to Yaquina would provide connectivity for shorter response time for emergency vehicles. Mr. Ross Hathaway, Assistant City Engineer, testified that good engineering practice requires connectivity be considered when reviewing city right-of-way development. Mr. Hathaway stated, that in his opinion, the Hemlock Street improvements are necessary for the Olson subdivision to have adequate safe access and good fire protection. The existing roadway developed on the south end of the Hemlock right-of-way is not adequate for emergency services. 9. The applicant also objected to the City's proposed Condition 18. BIMC 17.04.094 requires that a Preliminary Subdivision make appropriate provisions for the public health; safety and general and public use and interest including provision for roads streets and other transit facilities. The Preliminary Subdivision must meet road and stormwater management requirements. The subdivision roads must provide adequate access for fire and emergency vehicles. BIMC 17.04.080 requires all subdivisions to meet road and access performance standards set forth in 17.04.080(7) which reads as follows: J. Roads and Access Performance Standards. 1. Roads and access shall be consistent with the following performance standards: a. (7onnections to existing off-site roads which abut the subject property shall be required where practicable, except through critical areas and/or their buffers. b. Pedestrian access onto the site shall be maximized in all proposed projects. This may be accommodated through the provision of on-site walkways, trails, paths or sidewalks which originate at the property boundary. c. Internal pedestrian circulation shall be facilitated through appropriately scaled walkways, paths, trails or sidewalks. Special emphasis shall be SUB09800 Hearing Examiner Olson Page -3- City of Bainbridge Island placed on providing pedestrian access to proposed recreational and'or open space areas. d All roadways (and building sites) shall required storm water management provisions. e. Where practical, existing roadway character shall be maintained. This may be accomplished through the reduction of roadway width (provided it is consistent with the code), the minimization of curb cuts, and the preservation of roadside vegetation. f. "City of Bainbridge Island Engineering, Design and Development Standards Manual " and Appendix A of this title. 2. b`ariation from Road Requirements. A variation from the road requirements and standards contained within the "City of Bainbridge Island Engineering, Design and Development Standards Manual" and Appendix A of this title shall be permitted if such a reduction meets the purposes of this chapter, and is approved by the city or the director, after recommendation by the city engineer and the fire marshal. (Ord. 98-20 Sec.13, 1998; Ord. 96-06B Sec.], 1996) The City Engineer has not recommended a variation from the road requirements and standards contained within the City of Bainbridge Island Engineering, Design and Development Standards Manual. The Assistant City Engineer reviewed this proposal and decided that City engineering practices require development of Hemlock Street as a through street to provide connectivity between Yaquina and Lofgren. Hemlock Street would then be available for emergency access as a through street to provide shorter response time for emergency access vehicles and promote public safety. Access to the western three lots of the Olson subdivision must use Hemlock Street, a public right-of-way, for access to either Lofgren Road or Yaquina Avenue. Connecting the two streets will provide an exit route for residents of the street when a portion of the street is blocked. Hemlock Street as currently developed does not include a turnaround for emergency access and is not developed to the standards for "Minimally Adequate" roadways. The topography in the area may require paving to meet Fire Department standards for road access. The public will receive substantial benefits from improvement of Hemlock Street to a through street connecting Lofgren and Yaquina. The public use and interest would be served by the improvements to Hemlock Street. The applicant, however, has shown that adequate access to the subdivision can be provided by improvements to Hemlock Street from Yaquina Avenue to the south portion of the Olson plat [EXHIBIT 6]. The Fire Marshall reviewed this proposal on March 26, 2002 and approved the plan as submitted [EXHIBIT 20]. The DPW also determined that this alternative access would be adequate, but then after further review and discussion decided to require the applicant to develop the north portion of the Hemlock Street to establish a through street from Lofgren to Yaquina Avenue. The Assistant City Engineer did not identify any specific impacts from this subdivision proposal which require a through street at this location. The subdivision will add an estimated 29 ADT to Hemlock Street. The applicant will provide an emergency vehicle turnaround designed to meet Fire Department standards. Hemlock Street will be improved to "Minimally Adequate" Road Standards as required by the City Engineer. This SLJB09800 Hearing Examiner Olson Page -4- City of Bainbridge Island south end of Hemlock Street [EXHIBIT 6]. Mr. Davis also approved that access proposal [EXHIBIT 20]. 12. The applicant has set aside 40% of the parcel in designated open space. These open space areas will be included on the individual lots and will be subject to an Open Space Management agreement. A 25 -foot vegetated open space area will be maintained along the north side of Lots 1 and 4 where those lots adjoin Lofgren Road. An Open Space Management Plan has been filed by the applicant [EXHIBIT 12]. This Plan should be amended to include provisions for maintenance and responsibility for the open space areas located on individual lots and to make provision for fencing along the steep slope buffer perimeter to protect the buffer area from damage or encroachment. The geotechnical engineer made specific recommendations for site drainage and open space restrictions to protect slope stability in the ravine area. Those recommendations are outlined in Exhibit 9 and should be included in the Open Space Management Plan as restrictions on the use of protected open space area on each lot. A Homeowners' Association must be formed to monitor activities in the protected open space areas to ensure compliance with BIMC 16.20. 13. The applicant is proposing a Group B water system to provide potable water for homes in this subdivision. The proposed well site will be located outside the 25 -foot steep slope buffer. The proposed well site is near the property line for Lots 2 and 3. The applicant has proposed a I 0 -foot utility easement along the south property line for a waterline to provide water to Lots 4, 5 and 6 on the east side of the property. This water line would cross over the ravine, the Class IV stream bed and the steep slope buffer on the east side of the property, then turn north across Lots 6 and 5, to connect the eastern lots to the water system. A separate utility easement would cross Lots 3 and 2 to connect Lots 1, 2 and 3 to the well site. 14. Mr. Tom Bonsell, was the planner assigned to review this Preliminary Plat application. Mr. Bonsell testified that the stream on this parcel feeds into a Category I wetland, located on property to the north across Lofgren Road. Mr. Steve Morse, the City's Natural Resources Specialist, examined the site and determined that the stream on the property is a Class IV stream as regulated under the BIMC. Mr. Bonsell testified that placement of a waterline across the stream and stream buffer areas is not allowed as a permitted use in the stream or stream buffer under BIMC 16.20.090(F) and (G). Mr. Bonsell testified that in his opinion waterline installation could be accomplished without significant environmental impacts, however, waterline maintenance and the possibility of future breakage could cause significant damage to the stream channel and negatively effect water quality in the stream. Concerns about erosion and sediment transport downstream and offsite were also discussed in the Geotechnical Engineer's Report [EXHIBIT 9, Pages 5 and 6]. 15. The applicant did not file an application for a Reasonable Use Exception (RUE) to allow SUB09800 Hearing Examiner Olson Page -6- City of Bainbridge Island subdivision is located within one mile of the Fire Department's main station on Madison Avenue North. The residences will be identified by address signage to assist emergency access. Stormwater management improvements will be included in the new road design. The current roadway character of a winding graveled road will be maintained. After the improvements proposed by the applicant, Hemlock Street will provide adequate access for all residents along the roadway. The proposed improvements to Hemlock Street, south of the Olson plat, would not require improvements that affect critical areas or their buffers. The Flexible Lot Standards for roads and access in BIMC 17.04.080 require that connections to existing off-site roads which abut the subject property shall be required where practicable, except through critical areas and their buffers. The topographical information contained on the Preliminary Plat [EXHIBIT 35] shows a significant rise in elevation from north to south, along the unopened Hemlock Street right-of-way. Significant cuts would be required to maintain the maximum 15% grade on a newly improved through street from Lofgren Road [EXHIBIT 29]. Mr. Herriott testified that the cut to maintain the road grade required by the City would be at least 9 -feet below the existing ground at the centerline [EXHIBIT 28]. 10. The City Engineer determined that no street segments servicing this proposed plat are near Level of Service (LOS) failure. This subdivision will add approximately 48 average daily trips to Lofgren Road, a collector street, if Hemlock is developed to Lofgren Road. Lofgren Road is currently operating at a LOS A. The 48 estimated average daily trips generated by this proposed project would not push the LOS below the current allowed minimum LOS of C prescribed in the Comprehensive Plan -- Transportation Element [EXHIBIT 45]. No further traffic analysis was required by the City Engineer. The requirement for a Certificate of Concurrency was waived by the City Engineer [EXHIBIT 38 and 45]. The City has asked for a 5 -foot right-of-way dedication along the parcel's Lofgren Road frontage. The Department of Public Works required this dedication to mitigate for impacts from traffic generated by this subdivision [EXHIBIT 50 and CONDITION 18]. Lofgren Road has been designated as a collector street on the Comprehensive Plan — Functional Road Classification Map. Lofgren Road requires 50 -feet of right-of-way for development as a collector street. Lofgren Road now has dedicated right-of-way measuring 40 - feet in width. The City Engineer did not require improvements to Fir Street. 11. This subdivision will be provided fire protection by the Bainbridge Island Fire Department. Earl Davis, the Fire Marshall, testified in support of the City's requirement that Hemlock Street be developed as a through street. Mr. Davis reviewed the proposal for the subdivision and determined the Fire Department response time would be improved if Hemlock Street were developed as required by the City [EXHIBIT 39 and hearing testimony]. Mr. Davis also determined that no fire flow is available in the area of this proposed plat. The site plan must indicate the method of compliance with fire flow requirements. If building separation is used to meet the requirements, then combustible roofs may not be built on any houses constructed on the lots, and a minimum distance between dwellings should be established at not less than 25 -feet [EXHIBIT 39]. Mr. Davis had previously reviewed the applicant's proposal to improve only the SUB09800 Hearing Examiner Olson Page -5- City of Bainbridge Island alterations to required buffer areas or the streambed. The Wetlands Advisory Committee has not reviewed the waterline easement proposal. There is no evidence in the record which proves the applicant would be deprived of reasonable use of his property if he is not allowed to place his proposed waterline across this regulated stream bed and stream buffer area. The City has authorized an alternative route for the waterline using the public right-of-way on Lofgren Road. This route would allow development of a water system to service all six lots in this subdivision. The Lofgren Road route could be built outside critical areas and their buffers. The Director has accepted a reduced steep slope buffer of 25 -feet, as recommended by the geotechnical engineer. The waterline utilities easement approved by the City would require a utility crossing of the 25 - foot open space set aside on Lot 4 and the 25 -foot open space set aside on Lot 1. SEPA Condition No.6 provides an alternative route for the waterline which will avoid probable environmental impacts to critical areas identified on the property and does not require a RUE prior to its construction. There is inadequate information in the record to support the City's suggestion, in Condition 6, that a second well could be drilled on the property. The applicant has asserted that a second well site on the eastern portion of the property is unavailable under the present plat configuration. This assertion was not disputed by the City. 16. Myers Biodynamics, Inc., the geotechnical engineers, made recommendations for well location and utility easements for the water lines [EXHIBIT 9]. The Geotechnical Engineer recommended that the proposed shared well be located at least 10 -feet from the ravine slope crest to provide a suitable long term factor of safety for the well and to reduce potential slope impacts associated with well installation. She recommended that the proposed utility easement be routed to maintain a minimum setback distance of 10 -feet from the crest of the ravine slope where it parallels the ravine. In addition, she recommended that the utility easement cross the ravine in an area of modest ravine slope height and angle which, according to observations, is in the extreme southern portion of the site. The Geotechnical Engineer recommended that trenching for the proposed well and utility easement be backfilled as soon as possible after utility installation, and that disturbed or denuded site soils be protected from erosion during the construction process. After trench backfilling, the disturbed soils should be immediately protected from erosion by mulching and seeding, or hydro -seeding the area. Erosion control measures should be incorporated at the base of the ravine at the utility trench crossing, to reduce erosion and the potential for sediment transport downstream and off the site. The Geotechnical Engineer anticipates that conventional erosion control techniques such as hay bales, silt fencing and/or quarry spall berms or blankets will provide adequate erosion control for the site and the ravine. If constructed according to these recommendations, the Geotechnical Engineer concluded that the utility easement alignment will reduce slope, soils and vegetation disturbance and will not adversely impact the ravine's slope stability. 17. Mr. Tom Herriott also testified about water line installation on the property. Mr. Herriott SUB09800 Hearing Examiner Olson Page -7- City of Bainbridge Island recommended that the water line be placed along the south property line rather than within the Lofgren Road right-of-way. Mr. Herriott estimated that the cost to the applicant to place the water line across the south property line would be approximately $12,000. Mr. Herriott estimated the cost of the route required by the City in Condition 6 to be $37,000 to $50,000. Mr. Hernott testified that his cost estimates assumed that the water line would be placed in the steep slope on the roadside and not in the paved portion of the roadway. The DPW has given permission for this private water line to be placed in the public right-of-way [EXHIBIT 27]. 18. This proposal for subdivision development has been reviewed by the Bremerton-Kitsap County Health District (Health District). The Health District has not approved this preliminary plat application [EXHIBIT 27]. A Notice of Incomplete Application was sent to the applicant on September 5, 2002. Building site applications for on-site sewage disposal for Lots 1, 2, 4 and 6 are required by the Health District. In addition, a backhoe soil log is required for Lot 3. Miller Bay Water Company has provided a soil log analysis for the proposed development [EXHIBIT 10]. Mr. Tom Bonsell, Planner, Department of Planning and Community Development (DPCD), stated that the City has not required the applicant to provide BSA's for all lots in the subdivision at this stage of the proceeding because of the disagreement over the water system design required for the subdivision. The City has recommended that Health District approval for individual septic systems on the lots be submitted prior to submission of this Preliminary Plat to the City Council for decision [Condition 26]. Water will be provided by a private Group B well system. The well system has not been built. The applicant has not provided Health District approval of the well site. The well system must be built before the Health District will consider preliminary plat approval. All lot owners in this subdivision will have responsibility for the maintenance of the water system. A well and water line maintenance agreement will be required to ensure that the water system provides potable water which meets Health District standards. A plan for maintenance and repair which includes assessment provisions for ongoing maintenance should be submitted to the DPCD for approval. 19. The geotechnical engineer recommended that a Coordinated Site Drainage Plan be provided for all lots in this subdivision prior to site development. The geotechnical engineer recommended that all future site drainage discharges such as roof downspouts, foundation drainage, driveway drainage, and other site drainage features drain into a stormwater infiltration/discharge system away from the ravine slope crest and outside the recommended 25 - foot steep slope buffer area. Maintenance of on-site drainage systems is recommended on an annual basis, prior to the wet weather season. The recommendations of the Geotechnical Engineer [EXHIBIT 9] should be incorporated into a site drainage plan submitted to the DPW prior to issuance of a Plat Utilities Permit. The drainage plan must include provisions for the regular monitoring and maintenance of drainage systems on the properties. SUB09800 Hearing Examiner Olson Page -8- City of Bainbridge Island 20. Condition 20 in the Staff Report is in conflict with the Site Plan submitted March 27, 2003. 21. The public use and interest will not be served by the approval of this preliminary application before the applicant has filed documentation showing Health District approval of the water and sanitary waste systems proposed for the subdivision. 22. On July 31, 2003, a Public Hearing was held before the Hearing Examiner to consider the application. The Hearing Examiner visited the site on July 31, 2003. Notice of the public hearing was published in the Bainbridge Review on July 12, 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 July 12, 2003; notice was posted at the subject property on July 15, 2003 [EXHIBIT53]. CONCLUSIONS OF LAW 1. This matter is properly before the Hearing Examiner pursuant to jurisdiction established in BIMC 16.04.170 and BIMC 17.04. Adequate legal notice was given prior to the public hearing which was held on July 31, 2003. The applicant submitted a request to the Hearing Examiner to take official notice of a prior Examiner Decision issued by Mr. Richard Shattuck on October 3, 2003. Decision SPT092001 concerned a separate parcel of land and was based on a finding that the City's Short Plat decision was not supported by substantial evidence in the record. Mr. Shattuck's Decision provides no legal precedent for the matters being considered by the Hearing Examiner in this SEPA appeal and Preliminary Plat review. The request is denied. The applicant filed a timely appeal of the SEPA MONS. 2. The applicant appealed SEPA MDNS Condition No. 6: In order to supply water from the proposed well site to the three lots on the opposite side of the ravine the water transport line will not be permitted to cross the ravine and Class IV stream either above or below the surface. The water transport line must be placed in the right of way for NE Lofgren Road or a second well must be drilled. The applicant asserts that SEPA MONS Condition 6 is clearly erroneous as drafted, since in the applicant's opinion, Condition 6 prohibits filing a Critical Areas application or an application for a Reasonable Use Exception (RUE) to allow placement of the proposed waterline under a regulated stream and its associated buffer. The applicant has not filed an application for an RUE to allow placement of the waterline across a regulated stream or its buffer. The Director of DPCD did not conclude that negative impacts to critical areas on this property are necessary and unavoidable, as required by BIMC 16.20.100. The Director has not found, nor has the applicant asserted that a RUE is required for this project to grant relief from the provisions of SUB09800 Hearing Examiner Olson Page -9- City of Bainbridge Island BIMC 16.20. The applicant did not provide evidence that compliance with the provisions of BIMC 16.20 would leave no reasonable use of his property. BIMC 16.20.090 does not include the installation of utilities within a regulated stream bed and its associated buffers as a permitted use. An RUE is required for the alterations to the stream and buffer areas proposed by the applicant. The City informed Mr. Olson of the need for an RUE if he wished to go forward with his proposal for the waterline to cross the stream bed [EXHIBIT 37]. No application for an RUE was filed prior to the SEPA MDNS being issued on April 23, 2003. The burden was on the applicant to file an application for a RUE to allow his proposed alterations to critical areas on the property. The applicant did not do so. The City was unable to process a RUE without an application. The City has identified Critical Areas Ordinance provisions (BIMC 16.20) which regulate the ravine area on the applicant's property. BIMC 16.04.170 adopts these provisions as substantive authority for its SEPA review. The applicant's proposal does not comply with the provisions of BIMC 16.20. The Director's decision to prohibit waterline construction as proposed by the applicant is supported by the testimony of Mr. Bonsell and by substantial evidence in the hearing record. The City's proposal in Condition 6 to allow a second well on the Olson property is not supported by evidence in the record. This mitigation measure cannot be accomplished because of site topography and prior development on the parcel. The City's suggested alternative route along the Lofgren Road right-of-way can be accomplished and is reasonable mitigation to avoid identified probable environmental impacts to the stream area. Without a RUE, this route is the only reasonable route for a waterline to connect all lots in the subdivision to the proposed well site on the west side of the parcel. 3. The applicant also appealed SEPA MDNS Condition No. 7: In order to provide adequate access to the subdivision, the applicant is required to improve and develop Hemlock Street NE to City of Bainbridge Island Minimally Adequate Standards. Improvements shall begin at NE Lofgren Road and continue to the south property line. All improvements shall be approved by the Department of Public Works. The City has not identified a specific environmental impact which requires this mitigation measure. The City Engineer determined that no Concurrency Certificate would be required for this project. One half of the lots will access Lofgren Road from Fir Street. Only three lots in the subdivision will utilize Hemlock Street for off-site access. The City has made no factual showing that there are probable significant adverse impacts expected from this project which require this mitigation. The City has made no site specific study which demonstrates that the approval of the proposed plat will cause significant impacts to traffic or public safety. The City Engineer determined that the few additional car trips that will result from the development of the proposed plat will not have a significant impact on the LOS now available on Lofgren Road. No other probable adverse environmental impacts have been identified by the City to support the SEPA MDNS Condition No.7. SEPA mitigation measures must be based on identified adverse environmental impacts which have been identified in a review of the specific proposal. The mitigation measures imposed under SEPA must be reasonable and capable of being accomplished. SUB09800 Hearing Examiner Olson Page -10- City of Bainbridge Island Hemlock street is a public right-of-way. It has only been developed south of the applicant's property. The Fire Marshall reviewed the access proposal made by the applicant [EXHIBIT 6] and approved the route. The applicant's engineer testified that this route could be improved to comply with the City's Road Design Standards for Minimally Adequate Roadways. This testimony was not refuted by the City. The cost of developing access required by the City in Condition 7 would be four times as high as the cost for road improvements proposed by the applicant. This is not a reasonable mitigation measure for the minimal traffic generated by these three lots. The Director's conclusion that the improvement and development of Hemlock Street from Lofgren Road to the parcel's south property line is necessary to reduce probable environmental impacts caused by this proposal is not supported by substantial evidence in the record. 4. BIMC 17.04.094 sets forth the decision criteria for approval of a subdivision application. 5. 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. Highways, roads, streets and other transit facilities; This application for preliminary plat approval for a six lot subdivision has proposed access off Fir Street for the three lots proposed on the east side of the parcel. Fir Street is presently developed as a gravel road which provides access to the residence located on the Olson property as well as developed lots to the south. Fir Street is not a through street, however, the City Engineer and the Fire Marshall have given their approval for its use as adequate access for Lots 4, 5 and 6 of the proposed subdivision. The applicant has proposed to extend the development of the Hemlock Street public right-of-way to serve as access to Lots 1, 2 and 3 of the proposed subdivision. Hemlock Street would be developed to meet the City's "Minimally Adequate Road Design Standards," and would be designed with fire truck turnaround areas and vehicle pullouts as required by the Bainbridge Island Fire Department (BIFD). Stormwater management features will be included in the roadway improvements. Hemlock Street is designed as a winding gravel road which provides access to five residences located south of the Olson property. The applicant proposes to improve and extend that road across Lots 3 and 2 to provide adequate access for Lots 1, 2 and 3 in the proposed Olson subdivision. Residents of Lots 1, 2 and 3 will use Hemlock Street to access Yaquina Avenue to the south. Lots 1, 2 and 3 would not have direct access onto Lofgren Road, since the remainder of the Hemlock Street public right-of-way will remain undeveloped. The applicant's proposals for roadway access to the six lots in this subdivision are adequate and are consistent with the road and access performance standards set forth in BIMC 17.04.080(J). Hemlock Street is a public right-of-way and will remain available for development as a public street in a future City project. The improvements made by the applicant to the south portion of Hemlock Street will contribute to the public use of the Hemlock Street right-of-way SUB09800 Hearing Examiner Olson Page -11- City of Bainbridge Island and will not hinder or prohibit the future development of Hemlock Street as a through street. The improvements proposed by the applicant will develop the public right-of-way to a standard which provides for public health and safety and will provide adequate safe passage for residents of this subdivision. These improvements are reasonable and will mitigate traffic impacts generated by this subdivision. 6. 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; Hemlock and Fir Streets are identified by street names on the City's Functional Roadway Classification Map and appropriate signage has been installed at the intersection of Hemlock Street and Yaquina Avenue and at the intersection of Fir Street and Lofgren Road. Additional traffic regulatory signs, if required by the DPW, will be installed by the applicant. Mailbox locations and traffic signage required for developed lots will be indicated on the face of the final plat prior to approval. Address signage approved by the Fire Department will be required on each residential lot. 7. BIMC 17.04.094.A.I.c: 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: c. Transit stops; Kitsap Transit provides public transportation for residents in this area. Residents of this new Olson subdivision will have access to transit stops along Lofgren Road, Ferncliff Avenue and State Highway 205. These transit stops will provide adequate access to public transportation for the residents of this subdivision. 8. BIMC 17.04.094.A. I.d and e: 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: d. Pedestrian facilities; e. Other public ways leading to and providing access to and within the subdivision; Pedestrian access to the subdivision will be provided along Fir Street and Hemlock Street. The roadways will include gravel shoulders, however, no sidewalks are planned in the subdivision. No trails have been proposed within the open space areas. Open space is divided among the six individual lots. This small subdivision is located within two miles of the downtown core and is located on property very near State Highway 305. Residents of this subdivision will have access to the State Highway from both Lofgren Road and Yaquina Avenue. Access to all lots in the subdivision will be via public right-of-way through driveway access onto the individual lots. No additional public ways will be built within this small subdivision. su1309800 Hearing Examiner Olson Page -12- City of Bainbridge Island 9. BIMC l 7.04.094. A. l .f & g: 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: f. Schools; g. School grounds; School impact fees will be paid for each of the created lots. Prior to final plat approval, the applicant will pay one half of the school impact fees in effect at the time of final plat approval. Subsequent to plat recording and prior to building permit issuance for any created lot, an applicant constructing a residence on any of the lots will be required to pay the remaining one half of the school impact fee in effect at the time of building permit issuance (Condition 101. These school impact fees will provide funding for the additional usage of public schools and school grounds by residents of this new subdivision. 10. BIMC 17.04.094. A. 1. h: 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: h. Open spaces; i. Parks; j. Recreation facilities; k. Playgrounds; This six lot subdivision has been designed with an open space tract in the center of the property to protect a steep sloped, natural ravine. Steep slope buffer areas have been set aside as no build areas at the top of the ravine. An additional 25 -foot vegetated buffer has been designated along Lofgren Road, on the north property line of the subdivision. An Open Space Management Plan will be adopted for this subdivision. Under the provisions of that Plan, use activities in the open space will be limited. Conditions of approval will require fencing along the slope buffer perimeter to protect the buffer area from encroachment by development activities on the individual lots. The Homeowners' Association will be given the responsibility of monitoring activities on the individual lots to ensure protection of the critical areas on the property. This subdivision is within one mile of Meigs Park which is located across State Highway 305 to the north. In addition, public school playground areas and the Park District's swimming pool are located across State Highway 305 within a mile of this subdivision. It is difficult for pedestrians to cross State Highway 305 at the Madison Street intersection. It is unlikely that residents of this subdivision will have pedestrian access to nearby parks and school grounds, however, public and private vehicle transportation will make those parks readily accessible. No additional recreational facilities are planned for the lots in this subdivision. No common area will be developed for the use of all residents of the subdivision. The lots range in size from 25,180 square feet to 36,438 square feet. Each lot should provide adequate space for playground equipment and other active recreation for the residents of the lots. Passive recreation trails could be developed in the ravine area if properly developed to protect geologically hazardous slopes in the ravine, and to avoid erosion and sedimentation impacts on the ravine stream. No trails have been proposed or required. 11. BIMC 17.04.094. A. 1.1 & m: The Subdivision may be approved or approved with SUB09800 Hearing Examiner Olson Page - 13 - City of Bainbridge Island 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; Roadway improvements proposed by the applicant in Exhibit 6, detail a hammerhead turnaround for fire and emergency vehicle access to the lots in this subdivision. Hemlock Street will be widened and developed to meet "Minimally Adequate" Roadway Standards. The grade of the roadway will not exceed 12%. This design will provide adequate fire and emergency vehicle access to the subdivision. The applicant has not provided any documentation regarding fire flow availability. The Fire Marshall has determined that there is no fire flow available in this area [EXHIBIT 39]. if separation between dwellings on the lots is used to meet the fire flow requirements, then the applicant must place a restriction on all lots prohibiting combustible roofs and setting minimum distance between dwellings of not less than 25 -feet. These specifications will be required on the face of the final plat. [Condition 18]. 12. 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: n. Drainage and storm water facilities; The applicant has not submitted a preliminary plan for drainage and stormwater facilities on the six lots proposed for this subdivision. Stormwater drainage measures have been included in the road improvement proposal for Hemlock Street. The Geotechnical Engineer's Report [EXHIBIT 91 makes specific recommendations for a Coordinated Site Drainage Plan before site development. The Geotechnical Engineer has recommended that all future site drainage discharges such as roof downspouts, foundation drains, driveway drainage and other site drainage features be routed into stormwater infiltration dissipation systems away from the ravine slope crest and outside of the recommended 25 -foot buffers. Regular maintenance of on-site drainage systems is required. The applicant will be required to submit a Coordinated Site Drainage Plan which meets the recommendations of the Geotechnical Engineer's Report and has the approval of the DPW prior to final plat approval. This Coordinated Drainage Plan is necessary to protect the ravine slope and stream located in the center of the property. 13. BIMC 17.04.094.A. I.o & p: 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: o. Water supplies, including potable water; p. Sanitary waste. The applicant has not provided a Water Availability Letter for this subdivision application. The Bremerton-Kitsap County Health District has informed Mr. Olson that his application is not in compliance with Health District Ordinance No. 1996-8 "Rules and Regulations Governing On - Site Sewage Systems" [EXHIBIT 27]. Health District approval of the proposed Group B Water System cannot be obtained until the water system is in place and operating. There is no evidence in the record to show that potable water will be available for this subdivision when developed. SIJB09800 Hearing Examiner Olson Page -14- City of Bainbridge Island Building site applications for on-site sewage disposal are required for Lots 1, 2, 4 and 6. Health District approval for water supply and sanitary waste disposal is required for approval of the preliminary plat application. 14. BIMC 17.04.094.A.2: The Subdivision may be approved or approved with modification if.• 3. The preliminary residential subdivision has been prepared consistent with the requirements of the flexible lot line process and applicable flexible lot standards; This preliminary plat has been designed to comply with the flexible lot process by locating home sites outside critical areas and creating vegetated perimeter buffer areas along Lofgren Road. This subdivision meets the minimum lot size requirements of BIMC 17.04.080. The minimum lot width for any lot in the proposed subdivision is 81 -feet (Lot 6), which exceeds the minimum lot width allowed in the Flexible Lot Standards (50 -feet). Each lot in this subdivision will be allowed no more than 6,534 square feet of lot coverage [Condition 14]. This lot coverage meets the maximum lot coverage requirements for the R-2 zone (BIMC 18.30.050). Building setback minimums will be indicated on the face of the final plat. 15. BIMC 17.04.094.A.3: The Subdivision may be approved or approved with modification if: 3. Any portion of the subdivision which contains a critical area, as defined in Chapter 16.20 BIMC, conforms to all requirements of that ordinance; This parcel has a steep ravine and Class IV stream in the center of the property. These critical areas have been designated as open space tracts on the individual lots and a 25 -foot steep slope buffer has been delineated on the site plan. No development will be allowed within the ravine or its buffer area. The Geotechnical Engineer recommended a minimum setback distance of 25 -feet from the existing slope crest, to provide a suitable factor of safety for future residences and other associated features on each of the six proposed lots. The Geotechnical Engineer studied the site and found no indication of recent instability, landslide, or significant erosion [EXHIBIT 9, Page 4]. BIMC 16.20.080 allows a reduction in the width of the buffer area provided the Geotechnical Engineer demonstrates that the proposal will not adversely impact the geologically hazardous area. The Open Space Management Plan will contain provisions for the monitoring of activities within the designated open space areas, to avoid encroachment by development activities on individual lots. This project, if developed in compliance with the conditions recommended, will conform to all requirements of BIMC 16.20. 16. BIMC 17.04.094.A.4: The .Subdivision maybe approved or approved with modification if: 4. The subdivision reasonably maintains and protects productive agricultural uses in the vicinity of the property, including complying with BIMC 16.20.180; No agricultural uses have been identified in the vicinity of this property, with the exception of a possible tree farm located on a lot to the east of Fir Street. This subdivision will not abut that tree farm property and the development of this Olson parcel for residential development will have no impact on the continued use of that property for tree farm production. No other productive agricultural uses have been identified in the vicinity of this property. SUB09800 Hearing Examiner Olson Page -15- City of Bainbridge Island 17. 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 BIM(_'. The applicant will be required to submit a plan for temporary erosion and sediment controls as a part of the required Plat Utilities Permit. A Coordinated Site Drainage Plan must be designed for this subdivision to protect geologically hazardous slopes and regulated streams in the center of the property. The applicant will be required to submit a Coordinated Site Drainage Plan which includes the recommendations of the Geotechnical Engineer and is designed so that peak runoff will not exceed pre -development conditions [Condition 5 and 19] . 18. BIMC 17.04.094.A.6: The Subdivision may he approved or approved with modification if: 1. The preliminary subdivision design is compatible with the physical characteristics of the proposed subdivision site; This subdivision has been designed for six residential lots on a parcel which has a maximum density of nine lots. Building sites have been designated outside of critical areas and their buffers. Approximately one third of the parcel contains a steep ravine and Class IV stream. This ravine is located in the center of the parcel and has been included in open space areas set aside for protection. Development is planned outside of all steep slope areas and buffer areas. No access roads will cross the interior of the property. Three lots on the east side of the parcel will access from the north and east and the three lots on the west side of the parcel will access from the south and west. The Geotechnical Engineer's analysis of the site concluded that the proposed site development can occur without adverse impacts to slope stability, provided that adequate earth work, drainage erosion control, and site vegetation management are incorporated into site development and construction practices. [EXHIBIT 9, Page 3]. This subdivision will be developed in a design compatible with the physical characteristics of the property. 19. 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 proposal will comply with all the applicable provisions of this code and all other applicable provisions of State and Federal laws and regulations, if it complies with all recommended conditions of approval and if the applicant provides documentation of Health District approval for a water system and sanitary waste disposal systems on the property. The applicant has provided insufficient information on potable water availability for this preliminary subdivision. This information is required by BIMC 17.04.094 prior to preliminary plat approval. 20. BIMC 17.04,094, A, 8: The .%hdivision may be approved or approved with modification if: 1. The proposal is in accord with the city's comprehensive plan; This subdivision proposal is in general accord with the City's Comprehensive Plan. The absence of information about water supply; sanitary waste disposal, and fire flow availability make SUB09800 Hearing Examiner Olson Page -16- City of Bainbridge Island this application for preliminary plat approval premature. 21. BIMC 17.04.094.A.9: The ,Subdivision maybe approved or approved with modification if: 9. Wherever feasible, 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 design does include measures to minimize clearing, with priority given to maintenance of existing vegetation. The applicant has set aside forested areas in the center of the lot in protected open space. A tree retention plan was submitted with the Site Plan [EXHIBIT 35]. This tree retention plan indicates an existing tree canopy of 173,600 square feet. The required 30% canopy preservation totals 52,080 square feet. This plan indicates that 70% of the trees will be retained in the open space areas for a total retention of tree canopy at 55,485 square feet. Erosion and sedimentation control measures will require revegetation of disturbed areas to protect critical areas on the site. The applicant has proposed access to this subdivision from the west via Hemlock Street from Yaquina Avenue. This proposal will leave undisturbed most of the remaining public right-of-way north of Lot 3. The applicant's design for improvements on Hemlock Street identifies existing landscaping and trees along the right-of-way and is designed to minimize vegetation removal. 22. BIMC 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 subdivision proposal meets the road performance standards of 17.04.080(J). The proposed road improvements will include stormwater management controls which meet the requirements of BIMC 15.20 and comply with the City's road design standards for "minimally adequate" roadways. A Stormwater Management Plan will be submitted by the applicant. This plan will be designed so that site development maintains pre -development site drainage conditions. 23. 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. It is the recommendation of the Hearing Examiner that this proposed subdivision not be approved until the applicant provides documentation of Health District approval of the proposed water system and sanitary waste systems, and until a Coordinated Site Drainage Plan has been submitted to the DPW for approval. Once that information is provided, the public use and interest would be served by platting of this subdivision. 24. 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. A11 public and private facilities and improvements on and off the site necessary to provide for the proposed subdivision will be available when needed; SUB09800 Hearing Examiner Olson Page -17- City of Bainbridge Island The applicant has not shown that all private facilities and improvements on and off the site, necessary to provide for the proposed subdivision, will be available when needed. The applicant has not built the water system proposed as a potable water supply for lots in the subdivision. Health District approval is required for a multi-party water system such as the one proposed by the applicant. The approval cannot be obtained until the well is in place and the water system has been tested by the Health District. No documentation has been provided by the applicant to support his assertion that water is available at the proposed well site. The applicant has also not received Health District approval for sanitary waste disposal systems to service individual lots. These private facilities are necessary to provide for the proposed subdivision. 25. 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 additional factors 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 degrade the existing level of operation and the use of such utilities, facilities and services below accepted standards; Electricity and telephone service are available in the immediate vicinity of this parcel and will be available for connection by residents of this subdivision as required. The proposed additional use of those existing utilities will not degrade the existing level of operation or use of such utilities below accepted standards. 26. BIMC 17.04.094.C.3: Itt 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.... 3. The scenic value of existing vistas which provide substantial value to the state and public at large, such as views from public rights-of-way, parks and open space; The applicant will retain a 25 -foot vegetation buffer along the north property line where it abuts Lofgren Road. This buffer will help protect the scenic value of existing vistas for users on Lofgren Road, a public right-of-way. In addition, approximately one-third of the property will be retained in forested open space to protect the ravine and Class IV stream in the center of the property. This ravine area will remain visible from the public right-of-way along Lofgren Road. 27. BIMC 17.04.094.C.4: 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.... 4. Forest woodlots, individual trees, and other existing vegetation and permeated surfaces which provide watershed protection, groundwater recharge, climate moderation, and air purification for the public health and welfare; This 4.5 acre forested parcel is located in an area zoned for residential development. This proposed subdivision will not result in development of the property to the maximum density allowed in the zone. The parcel measures 196,111 square feet; of that area 79,265 square feet SUB09800 Hearing Examiner Olson Page -18- City of Bainbridge Island will be retained in forested open space. At least 70% of the trees in the open space areas will be retained under a tree retention plan submitted by the applicant. 28. BIMC 17.04.094.C.5: lir 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:... S. 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. Existing habitat carrying capacity of the property will be reduced by the development of six lots on this parcel. More than 79,000 square feet of the property will be retained in its natural state in a protected open space area in the center of the property. This area will provide some habitat carrying capacity for the property. No wildlife corridors have been identified on this parcel and no areas on the property have been identified as areas used for nesting and foraging by endangered, threatened or protected species. 29. This preliminary plat application can be approved once documentation is provided for Health District approval of the proposed water system and on-site sanitary waste disposal systems, provided the following conditions are attached to its approval: SEPA Conditions: Prior to any clearing, grading or construction activities and prior to final plat approval, the applicant shall obtain a plat utilities permit from the Department of Planning and Community Development. The plat utilities permit shall include a Temporary Erosion and Sedimentation Control Plan. 2. All excavated material shall be re -used on-site. If the material is found to be unsuitable for on-site use, it shall be disposed of at an appropriate disposal site. 3. To mitigate air quality impacts during grading, contractors shall conform to Puget Sound Clean Air Agency Regulations that insure that reasonable precautions are taken to avoid dust emissions. 4. To mitigate air quality impacts during clearing activities, cleared vegetation must be removed from the site and/or processed by chipper or some other method of disposal that does not require burning. 5. Complete storm water drainage plans designed in accordance with the Washington State Department of Ecology Technical Manual shall be submitted and approved by the City Engineer as part of the plat utilities permit. SUB09800 Hearing Examiner Olson Page -19- City of Bainbridge Island 6. The water transport lines from the well site located on the property line of Lots 2 and 3 will not be permitted to cross the ravine or Class IV stream located in the center of the property either above or below the ground surface unless the applicant applies for and is granted a Reasonable Use Exception to allow alterations to the stream and stream buffer areas. The water transport line may be placed in the public right-of-way for NE Lofgren Road after issuance of a Right - of -Way Permit and if constructed in compliance with the Bainbridge Island Design and Construction Standards and Specifications after approval by the Department of Public Works. Utility easements for the waterline route must be legally described and recorded with the Kitsap County Auditor prior to any construction activities on the site. 7. To mitigate potential off-site glare, any street lighting within the subdivision shall be hooded, shielded, and have a maximum height of 12 feet from finished grade and shall adhere to BIMC 15.34. 8. All conditions and recommendations set forth in the geotechnical report prepared by Myers Biodynamics, Inc., dated October 20, 1999 are adopted as conditions of this approval. Compliance with those recommendations is required. Non-SEPA Conditions: 9. 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. 10. A final Open Space Management Plan and associated Covenants Conditions and Restrictions containing the maintenance and responsibility for the open space shall be approved by the Director of Planning and Community Development then recorded with the final plat approval. The final Open Space Management Plan shall include provision for fencing along the perimeter of the steep slope buffer on each individual lot. The plan must include provisions for monitoring use activities on the lots to ensure protection of the buffer and ravine areas. 11. All open space area uses and restrictions are to follow the approved Open Space Management Plan. Specifically 30% of the significant trees as defined in BIMC 18.85 and 50 % of the open space on the individual lots shall be designated and preserved in native vegetation at the time of building permit submittal. SUB098M Hearing Examiner 01wn Page -20- City of Bainbridge Island Preservation plans shall be submitted with each building/development permit identifying the area and trees to be retained. All trees and vegetation on any slope 15 percent or greater shall remain undisturbed. if any of the significant trees that are designated to be saved are considered hazardous by a professional arborist, they may be removed after a replanting plan has been approved. The ratio of replacement shall be 3-1, 3 trees of similar type shall be planted for every significant tree removed as required planting in BIMC 18.85 12. All lot corners shall be staked with three-quarter inch galvanized iron pipe and locator stakes along with all other applicable survey provisions of Appendix A.(BIMC Chapter 17.04) 13. A plat certificate shall be provided with the final plat application. 14. Building setback and lot coverage requirements must be shown on the final plat, Specifically: • Building to Building - Minimum 50 feet separation. • Building to Exterior Property Line - 25 feet. • Building to Right -of -Way or street easement - Minimum 15 feet setback. • Building to Trail, Open Space - Minimum 10 feet setback. • Building to NE Lofgren Road - 35 feet • Maximum lot Coverage per lot - 6,534 square feet. 15. Approved street names, traffic regulatory signs, and accessible mailbox locations that do not restrict pedestrian access must be shown on the construction drawings, which shall be submitted prior to final plat. SUB09800 Hearing Examiner Olson Page -2 1 - City of Bainbridge Island 16. Public and private improvements, facilities, and infrastructure, on and off the site that are required for the subdivision shall be completed, have final inspection and approval prior to final plat approval. Approval of public facilities will be shown by a formal letter of acceptance from the City Engineer. An assurance device acceptable to the City may be used (in lieu of physical completion) to secure and provide for the completion of necessary facilities. Any such assurance device shall be in place prior to final plat approval, shall enumerate in detail the items being assured and shall require that all such items will be completed and approved by the City within one year of the date of final plat approval. While lots created by the recording of the final plat may be sold, no occupancy of any structure will be allowed until the required improvements are formally accepted by the City. Additionally, a prominent note on the face of the Final plat drawing shall state: "The lots created by this plat are subject to conditions of an assurance device held by the city for the completion of certain necessary facilities. Building permits may not be issued and/or occupancy may not be allowed until such necessary facilities are completed and approved by the City of Bainbridge Island. All purchasers shall satisfy themselves as to the status of completion of the necessary facilities." 17. To the satisfaction of the City Engineer, the applicant shall satisfy the following conditions prior to final plat approval.. The Applicant shall submit a proposal for meeting the Bainbridge Island Design and Construction Standard 7-040 for frontage improvements along Hemlock Street prior to preliminary subdivision approval. The applicant shall officially open and improve Hemlock Street to provide access to Lots 1, 2 and 3 from Yaquina Avenue. Hemlock Street shall be improved to meet the City of Bainbridge Island Minimally Adequate Roadway Standards and shall include hammerhead turnarounds and pullouts as required by the Bainbridge Island Fire Marshall. b. Applicant shall submit an engineered plan for construction of the road as well as drainage/erosion-sedimentation control system for it. A design shall be submitted and approved prior to final plat approval. C. Drainage and road improvements shall be constructed or appropriately bonded to ensure performance prior to final plat approval. d. The Geotechnical Engineer shall provide concurrence for proposed drainage systems serving the single family residences or roadways. SUB099M Hearing Examiner Olson Page -22- City of Bainbridge Island e. The applicant shall dedicate five feet adjacent to NE Lofgren Road to the City of Bainbridge Island prior to final plat approval. 18. To the satisfaction of the Bainbridge Island Fire Department, the applicant shall address the following conditions prior to final plat approval: Any on-site private roads shall be constructed with the following requirements. a. The entire road shall consist of an all weather gravel surface at least 12 feet in width and a height clearance of not less than 13'- 6". b. The road shall have a gradient not to exceed 12% an any point unless it is paved where a 15% grade will be allowed. C. Any private road greater than 300 feet shall have turnouts at 300 foot intervals to allow passage of two vehicles. The turnouts must transition to 18 feet in width in a length of 40 feet. d. A hammerhead must be located in the most level portion at or near the end of the road. e. The final plat shall indicate the method of compliance with fire flow requirements as approved by the Bainbridge Island Fire Department. f. Address signage approved by the Fire Department must be installed on each residential lot prior to building permit issuance. 19. Prior to any construction activities on the site, the applicant shall submit a coordinated site drainage plan for all lots in the subdivision. This plan shall incorporate the recommendations the Geotechnical Engineer made in her October 20, 1999 report. The drainage plan must include provisions for regular maintenance and repair of the drainage systems on the lots by a Homeowners' Association or other community entity. 20. Applicant shall submit the following items, completed by the Geotechnical Engineer, prior to final short subdivision approval. A. The engineer of record shall complete, sign, and seal the City of Bainbridge Island's standard geotechnical recommendation form. B. The engineer of record shall address the possible risk to adjacent properties in the City of Bainbridge Island's standard geotechnical SLIB099M Hearing Examiner Olson Page -23- City of Bainbridge Island recommendation form. C. The following setbacks shall be noted on the face of the plat map, including but not limited to, a 25 -foot setback from the crest of the ravine to all future residences, a 10 -foot setback to the shared well, and a 10 -foot setback from the crest of the ravine to future utility easements. 21. Applicant shall resolve any survey issues prior to final subdivision submittal, including but not limited to, removal of the garage that straddles the property line common to lots 5 and 6. 22. The well site for the project shall be a minimum of 25 feet from the top of slope and the location. Drilling procedures must be approved by a geotechnical engineer. The proposed route and construction of the water line must be approved by the Geotechnical Engineer. The well system must have Health District approval. Well maintenance easements shall be located outside of critical area buffers. A water system maintenance agreement shall be submitted prior to final plat approval. The agreement shall include provisions for regular maintenance and repair, as well as assessment provisions to fund those maintenance and repairs. 23. Health District approval for septic systems and the water well system is required prior to submittal to the City Council for decision. 24. This subdivision shall be developed in substantial conformance to the site plan date stamped March 27, 2003 and the Road and Drainage Plan date stamped March 14, 2002, except as modified by the Conditions of Approval. 25. Conditions 1 - 5, 8 - 11, 13, 14, and 18 shall be listed on the final plat mylar DECISION The applicant's appeal of SEPA MDNS Condition 6 is granted in part and denied in part. Condition No. 6 is amended to read as follows: The water transport lines from the well site located on the property line of Lots 2 and 3 will not be permitted to cross the ravine or Class IV stream located in the center of the property either above or below the ground surface unless the applicant applies for and is granted a Reasonable Use Exception to allow alterations to the stream and stream buffer areas. The water transport line may be placed in the public right -of --way for NE Lofgren Road after SUB09800 Hearing Examiner Olson Page -24- City of Bainbridge Island issuance of a Right -of -Way Permit and if constructed in compliance with the Bainbridge Island Design and Construction Standards and Specifications with approval by the Department of Public Works. Utility easements for the waterline route must be legally described and recorded with the Kitsap County Auditor prior to any construction activities on the site. The applicant's appeal of Condition 7 is granted. SEPA Condition No. 7 is stricken. RECOMMENDATION The Hearing Examiner recommends to the City Council that this application for Preliminary Subdivision be remanded to the Department of Planning and Community Development until the applicant provides Health District approval of a the water system and the sanitary waste disposal systems for this subdivision. After receipt of that documentation, the preliminary plat application will be ready for review and decision by the City Council. Dated this 14" day of November, 2003. &&44 Robin Thomas Baker Hearing Examiner Pro Tem APPEAL The decision of the Hearing Examiner shall be final unless, within 21 days after issuance of this decision, a person with standing appeals the decision in accordance with RCW Chapter 36.70. [BIMC 2.16.130(F)(6)]. SUB09800 Hearing Examiner 013M Page -25- City of Bainbridge Island Compiled 7-24-03 EXHIBIT LIST SUB09800 (OLSON) APPEAL OF ADMINISTRATIVE DECISION Planner: Tom Bonsell Public Hearing: 7-31-03 @ 10:00 a.m Exhibit # Description Dated Date Rec'd 1#Paces 1 Fees Form and Receipt 3-14-02 1 2 Fee Form and Receipt 3-18-02 1 3 Reduced Preliminary Plat Plans — Adam and Goldsworthy 3-12-02 3-14-02 5 4 Preliminary Plat Plans - Adam & Goldsworthy 3-12-02 3-14-02 5 5 Temporary Erosion and Sedimentation Control and Site Plan Browne Engineering) 1-29-02 3-14-02 1 6 Road and Drainage Plan (Browne Engineering) 1-29-02 3-14-02 1 7 Tax Assessors Roll & Vicinity Map 3-14-02 12 8 Title Report - Pacific Northwest Title 2-14-02 3-14-02 6 9 Corres to Olson from Kastens (Myers Biodynamics) re: Sole Evaluation 10-20-99 3-14-02 8 10 Soil Log Analysis from Martin (Miller Bay Water Co) 6-8-00 3-14-02 3 11 Environmental Checklist 2-5-02 3-14-02 12 12 Open Space Management Plan 3-6-02 3-14-02 5 13 Lot Closures 3-12-02 3-14-02 4 14 Corres to Olson from James (DPCD) re: Comments 5-31-99 3-14-02 6 15 Corres to COBI from Adam (Adam &. Goldsworthy) 3-12-02 1 16 Application Packet 3-14-02 3-14-02 6 17 Requests for Review: Public Works, O&M, Fire, Health Dept. 3-14-02 5 18 Corres to Olson from Gladstein re: staff assignment 3-22-02 1 19 Routing Slip 3-14-02 1 20 Review: Fire Department 3-26-02 3-26-02 2 Olson SUB09800 1 21 - Corres to Olson from Gladstein re: complete 4-11-02 1 application 22 Chronological Listing 1 23 Notice of Application 4-17-02 7 24 E -Mail to COBI from Hausmann 4-18-02 4-19-02 2 25 E -Mail to/from Hausmann/Rice 5-1-02/5- 4 2-02 26 Corres to Olson/Estate of Olson from Warren 7-30-02 2 (COBI) re: Supreme Court decision re: open space requirements 27 Notice of Incomplete Application (Bremerton- 9-5-02 9-6-02 1 Kitsap County Health District 28 Cones to Olson from Herriott (Browne 11-19-02 11-20-02 2 Engineering) re: Preliminary Plat Plan 29 Preliminary Plat - Site Plan and Drainage and 11-15-02 11-20-02 2 Temporary Erosion Control Plan 30 Request for Review: Public Works, Fire Dept. 11-20-02 6 31 Requirements for Construction in Geologically 2-17-03 2-26-03 3 Hazardous Areas — Initial Submittal for Subdivision 32 Requirement for Construction in Geologically 2-26-03 4 Hazardous Areas — Subdivision Approval Form 33 Case Activity Listing 3-24-03 1 34 Reduced Revised Preliminary Plat Plans (Pages 3-20-03 3-27-03 3 3,4 and 5 only) 35 Revised Preliminary Plat Plans (Pages 3, 4 and 5 3-20-03 3-27-03 3 only 36 Requests for Review: Fire, Geotech, Health 3-27-03 15 Dept., O&M, PW. 37 Corres to Olson from Bonsell re: ability to 3-28-03 2 proceed 38 Memorandum to Bonsell from Hill re: 4-8-03 2 Concurrency 39 Review: Fire Dept. 4-16-03 4-16-03 4 40 Notice of Mitigated Determination of Nonsignificance (MDNS) 41 Returned Notices Olson SUB09800 2 om ueu i-c,+-vj 42 Requests to Review Public Records 43 Requirements for Construction in Geologically 2-26-03 4 Hazardous Areas — Subdivision Approval Form 44 Requirements for Construction in Geologically 2-26-03 3 Hazardous Areas — Initial Submittal for Subdivision 45 Memo to Bonsell from Jensen, City Engineer re: 5-5-03 5-6-03 2 Traffic Impact 46 Corres to Nordby from Rowan 5-5-03 5-7-03 1 47 Corres to Nordby from Dennis Reynolds 5-7-03 5-8-03 7 representing Olson re: comments on SEPA MDNS 48 Appeal of Certain Terms and Conditions of 5-14-03 5-14-03 14 Mitigated Determination of Nonsignificance 49 Memo to Bonsell from Hill re: additional 6-13-03 1 condition 50 Corres to Reynolds/Olson from Bonsell re: 6-16-03 2 additional right-of-way 51 Corres to Reynolds from Bonsell re: Staff Report 7-23-03 1 52 STAFF REPORT 7-21-03 17 53 Notice of Public Hearing Documentation 54 Corres to Hearing Examiner from Lee re: 7-21-03 7-23-03 2 support Olson SUB09800 3 Thomas Bonsell, Planner Department of Planning & Community Development 280 Madison Ave. No. Bainbridge Island, WA 98110 Dear Mr. Bonsell: _1hcri tftit UIXOU 9651 Green Spot Place NE Bainbridge Island, WA 98110 April 27, 2004_ MY DE IMI E ISLAW JA�2 9 2004 DEPT OFLP AWNG Subject: MichMMEWDEVELOPMENT Reasonable Use Exemption Application I wish to thank you for furnishing me with a copy of the Notice of Application for the above referenced project. Since my family's property is in close proximity to Mr. Olson's property, I would like to share my comments and concerns about his proposal: 1. It is my understanding that protection of streams is a high priority in this state. If it isn't a high priority with the city, it certainly should be and not only on paper but in actual practice. 2. This proposal would allow construction of a waterline across the seasonal stream flowing through the Olson property when there is a feasible, although more expensive, alternate route which has city approval. The stream, which flows north, ultimately crosses my family's waterfront property before it reaches Murden Cove. This section of the cove is classified as Conservancy and our property is protected by a conserv- ation easement administered by the Bainbridge Island Land Trust. 3. In the decision document covering Mr. Olson's appeal of some of the conditions attached to his proposed sub- division, Hearing Examiner Robin Baker stated on page 7: "There is no evidence in the record which proves the applicant would be deprived of reasonable use of his property if he is not allowed to place his proposed waterline across this regulated stream bed and stream buffer area". 4. Since the Hearing Examiner found that there was no justification for an R.U.E. and since there is too much risk of damage to the stream bed during construction of a waterline and afterwards, I request that Mr. Olson's application for an R.U.E. be denied. Sincerely, �i�v.�.aon+.;uca.�..wws.•,�.c�..a x••rr.:.,. a..o,•,, r'.�:wwr�+�: *,.�. v reeman -Olson Subdivisior 109800 Wy.Khhyyhyy .. q �L•hYK6'.Y/dvL:6Y.'lrL.YKK'K•YK.Y.Yh'KhvL.YK.+'.i'.Y..vl/.U:L.Y:.'h'•Y.Y. From: <Paul.HausmannGerm.com> To: Gobi_dom.Main(Rfreeman,DCD,Melva) Date: Wed, May 1, 2002 2:31 PM Subject: Olson Subdivision SUB 09800 I have reviewed the files for the above reference subdivision and have the following comments that should be considered with respect to the Olson property (the subject property). With respect to the construction of the five new residences the following should be considered: Trees (snags) at the southern corner of the subject property are used as roosts for bald eagles during the winter and spring. As you may be aware, bald eagles prefer snags on northeast facing slopes as roosts. The subject property is notable habitat for pileated woodpeckers and tree frogs. The ravine running through the subject property is an intermittently flowing stream that supports wetland vegetation. The stream in the ravine is a tributary of Murden Cove. The installation of a single well on the subject property to serve 6 residences will deplete the shallow aquifer. The shallow aquifer supplies both nearby residences and supports a base flow to the ravine stream and an existing spring used by the Olson's. Impacts associated with pumping that will occur when this well is used and de -watering of the aquifer should be evaluated. The project should not detrimentally affect continued use and enjoyment of the shallow aquifer by local residents who have established water rights. In the event that the shallow aquifer is de -watered by the project, alterative sources of drinking water should be evaluated by the subject property owner to ensure that water remains available for local residents. With respect to the improvements to Hemlock Avenue, the following should be considered: A 60% increase in traffic on Hemlock Avenue is expected to occur as a result of an approved subdivision and access to the subject property from Lofgren Road should be considered. The improvement of the road surface and the widening of Hemlock Avenue beyond 12 feet will facilitate vehicles traveling at excessive speeds. Any improvement in the surface or widening of Hemlock Avenue must be coupled with traffic calming measures that reduce the rate of speed down this steeply -sloped road. Six children under the age of 10 occupy houses on Hemlock Avenue. The safety of these children should be considered in the context of road improvements. Storm water runoff from Hemlock Avenue should be evaluated in the context of erosion of the existing terrain. Improvements to the road will result in hundreds of thousands of gallons of runoff annually that will be redirected from the current infiltration system. The runoff must be managed in a manner that reduces erosion and ensures the quality of downstream discharge points. CNPape 1 a'Khvt•YK: �SYKdKKr-KKIl�OPOf6'IlM[KLf4 uM1YOYIKKK•Yis yiofire LOG CITY OF DAINQRIDC�EISLAND MAY 0111 2002 DEPT. OF PANNING & COMMUNITY DEVELOPMENT - r(�4.•T.••:ATr........':...1....[�t:�!nS:[:4�:*............ r.l....v A.•.... ��T..� �wNwwetmrofNi!i.7]r,;•LSCF4n.,wnvRvix•7mCa:•,•: JFA:7+74.:7 •,•,0.7 �00 Richard Freeman - Olson Subdivision �,: _,i ,.r1_..,...�.�r...0 .Y..r_....�..... �,y�y�yYrrrrrree�xuau.:b wa••rviuuuxoarnruuur:�av:.❖uaa �-.•:naa•�•+a•.. u...:u........ The current width of Hemlock Avenue has facilitated timely fire and police emergency response during past emergency calls to Hemlock Avenue. Widening of the road beyond 12 feet would do little to improve emergency service response times to Hemlock Avenue. Responsibility for the ongoing maintenance of Hemlock Avenue should be delineated during the subdivision approval process. Thank you for your attention to these issues and your consideration of my comments. Paul E. Hausmann 206-842-9332 CC: cobi dom.GWIA("tamph®pobox•com","stephen.wilson0c... ..�....s.......: zr..rr�.yrAs•�vanwow Page 2 JCD -Olson Subdivision SUB09800 From: <Paul.Hausmann@erm.com> To: cobi_dom.Main(DCD) Date: Thu, Apr 18, 2002 11:54 AM Subject: Olson Subdivision SUB09800 Richard, I received a notice in the mail yesterday about the proposed Olson subdivision and an interested in meeting with you to discuss the subdivision, review the plans, and to provide comments. Please reply and let me know when you are available for a meeting. My preference is to meet Tuesday the 23rd. Regards, Paul E. Hausmann 206-780-2303 'F�_ L -Y Page 1 01")C),() 6u6cg80fl CURR WD -'Lavy)21 e CITY OF BAINBR^ID�GiISLAND APR 19 2002 DEPT. OF PLANNING & i-AOMMUNITY DEVELOPMENT ,taffy. Peterson - Re: Fwd: Olson Subdivision SUB09800 From: Richard Freeman To: DCD Date: Fri, Apr 19, 2002 11:51 AM Subject: Re: Fwd: Olson Subdivision SUB09800 Tuesday 10-12 will meet w/ Paul Houseman >>> DCD 04/18 12:03 PM >>> Stacy will log this in, so please let her know when you reply. Thanks. CC: Stacy Peterson Page 1 015bv� S.aC18C�` CORK LOG CIN OF BAINBRIDGEISLAND pp�1 9 2002 DEPT. OF PLANING & COMMUNITY DEVELOPMENT DC - !: Olson Subdivision SUB 09' -------- ---- ---c)t5of)�. epq%w Page -i From: DCD To: "Paul. Hausmann@erm.com"a@cobi_dom.GWIA Subject: Re: Olson Subdivision SUB 09800 May 2, 2002 Dear Mr. Hausmann: Thank you for your comments on the Olson subdivision application. Your message is being forwarded to Rich Freeman, project manager, for consideration during project review and incorporation into the official record. If you should have other comments or questions, Rich may also be reached at 206.842.2552. Sincerely, ;,,rC{j-(w Theresa Rice, Admin. Secretary Planning and Community Development -.a�i"J- .� >>> <Paul.Hausmann@erm.com> 05/012:31 PM >>> CITY OF I have reviewed the files for the above reference subdivision and have the BAINBRI LANA following comments that should be considered with respect to the Olson M% SRF property (the subject property). MAI U 2 2002 With respect to the construction of the five new residences the following should be considered: DEPT. OF FLAMING $ COMMUNITY DEVELOPMENT Trees (snags) at the southern corner of the subject property are used as roosts for bald eagles during the winter and spring. As you may be aware, bald eagles prefer snags on northeast facing slopes as roosts. The subject property is notable habitat for pileated woodpeckers and tree frogs. The ravine running through the subject property is an intermittently flowing stream that supports wetland vegetation. The stream in the ravine is a tributary of Murden Cove. The installation of a single well on the subject property to serve 6 residences will deplete the shallow aquifer. The shallaw aquifer supplies both nearby residences and supports a base flow to the ravine stream and an existing spring used by the Olson's. Impacts associated with pumping that will occur when this well is used and de -watering of the aquifer should be evaluated. The project should not detrimentally affect continued use and enjoyment of the shallow aquifer by local residents who have established water rights. In the event that the shallow aquifer is de -watered by the project, alternative sources of drinking water should be evaluated by the subject property owner to ensure that water remains available for local residents. With respect to the improvements to Hemlock Avenue, the following should be considered: A 60% increase in traffic on Hemlock Avenue is expected to occur as a result of an approved subdivision and access to the subject property from Lofgren Road should be considered. The improvement of the road surface and the widening of Hemlock Avenue beyond 12 feet will facilitate vehicles traveling at excessive speeds. -�...�P 2 DOD - Re: Olson Subdivision SUB 09' __________—. Any improvement in the surface or widening of Hemlock Avenue must be coupled with traffic calming measures that reduce the rate of speed down this steeply -sloped road. Six children under the age of 10 occupy houses on Hemlock Avenue. The safety of these children should be considered in the context of road improvements. Storm water runoff from Hemlock Avenue should be evaluated in the context of erosion of the existing terrain. Improvements to the road will result in hundreds of thousands of gallons of runoff annually that will be redirected from the current infiltration system. The runoff must be managed in a manner that reduces erosion and ensures the quality of downstream discharge points. The current width of Hemlock Avenue has facilitated timely fire and police emergency response during past emergency calls to Hemlock Avenue. Widening of the road beyond 12 feet would do little to improve emergency service response times to Hemlock Avenue. Responsibility for the ongoing maintenance of Hemlock Avenue should be delineated during the subdivision approval process. Thank you for your attention to these issues and your consideration of my comments. Paul E. Hausmann 206-842-9332 a RECEIVED MAY 0 7 2003 EXHUTIVL 077D 04 -W Sd8 0980' OIAR LOC 0-o?s Y7o rn5mW,-0 rck 111d. c5L�13 �)�FOO 0 i v 0/ �S'ci "" J/44:,��ao ;,�V, lroq��ll d4i S CITY OF AINBRID�GE)F/ AO MAY 67 API OF PLANNING & (.)'OMMUNITV DEVELOPMENT f , , 7 ;01 -a.Le-vo-�c�-L i "00? 017� i rl��LBAINBA ND 'bX G JULF2003 14Ef � SRA Lck; DEPT Or PLANNING &� COMMUNITY DEVELOPMENT kz' 977 HMhtoelc Ava. T{E t., , 4'' r , <" 8�utbridst'UlJsld, WA 91:110. ,; .- -� Ll Jil CITY OF BAINBRIDGE ISLAND JUL 2 3 1003 DEPT. OF PLANNING & COMMUNITY DEVELOPMENT CITY OF BAINBRIDGE ISLAND 280 Madison Avenue North Bainbridge Island, WA 98110-1812 Z2171111111 f1f11t.un11111!✓ft111'Itll�!►1�11�I CORD LOG G11y U1- A n�R ITTF ISI AND BEFORE THE HEARING EXAMINER CITY OF BAINBRIDGE ISLAND DEC ��-`�� , JEV 1. Ul �'�.A11Tl14b In the Matter of the Application of Awi4mrvnFifFInowNr MICHAEL OLSON RUE09800 for a Reasonable Use Exception ORDER CLARIFYING DECISION BIMC 16.20. 100 provides that the Hearing Examiner may clarify a decision. The Director, Planning and Community Development, has questioned the inclusion, on page 10, of the headings "SEPA Conditions" and "Non-SEPA Conditions". As these headings are unnecessary to the decision process and immaterial to the implementation of the required conditions, they can and should be eliminated. It is hereby o mmm that the Hearing Examiner's decision issued in this matter on December 16, 2004 is cLARMED by eliminating the headings on page 10 and substituting the attached page 10 for the original. Entered this 20th day of December 2004. Meredith A Getches Hearing Examiner pro tem City of Bainbridge Island RUE 09800 Conditions of Approval [These conditions are only those related to the RUE approval; other and additional conditions included with approval of subdivision SUB09800 must also be adhered to.] 1 prior to any clearing or other construction activities, the applicant shall obtain a plat Utilities permit from the Department of Planning and Community Development that includes an approved Temporary Erosion and Sedimentation Control Plan addressing erosion and sediment control issues specific to the construction and installation of the waterline. That plan must specify the Best Management Practices (BMP) to be employed. All the BMPs specified shall be implemented to the satisfaction of the Public Works Department. 2. All suitable excavated soil shall be ne-used an -site, Pmvvided thO the locat'o° of nor the manner of that reuse would damage vegetation and/or contribute to or increase erosion or sadiroeatatian_ That material determined by the Director to be unsuitable for on-site use shall be disposed of at a disposal site approved by the Director. 3. To mitigate air Quality impacts, co■tractors sha8 comfarm b Pugct Sand Clear Air Agency regulations and take all reasonable precautions to avoid dust emissions. Vegetation that cannot be neased mi -site as indicated is the Mitigation Plan, shall be removed from the site, pi Dessed by mapper, or by some other method of disposal not requiring burning. 4. All conditions and reoommeedatioas set fundic is the geatecimical rcpm prcpand by Meyers Biodynamics, dated October 20, 1999 shall be followed without exception to the satisfaction of the Public Works Department. 5. The trenching and installation activities for the vsratis<lme's casdwest segment shall be permitted only in the "dry season" when no water is sowing in the streambed. Trenching and insWiatiom activities on the narib-soak sem of the ane aetsi& of the stream and its buffer may be permitted without this seasonal hmnitatiou. Best management practices to control erosion and sedi i n must be always utilized as appropriate - see Condition # 1.) 6. All conditions of the Mitis Plan ( rcA y and maintenance, including Figures and Tables), prepared by Meyers Biodynamics and dated July 29, 2004, shall be followed without exception to the satisfaction of the Public Works Department - 7. The waterline, where it crosses the stream, shall be constructed of heat welded HDPE (or other material expressly found suitable by the Public Works Department) and/or shall be sleeved to the section of the Public Worcs Department. SCUP12566 Page 1 of 1 FELE 2 &44a& �1 awo R U F—oq%o E6 x U DECISION OF THE HEARING EXAMINER CITY OF BAINBRIDGE ISLAND in the Matter of the Application of MICHAEL OLSON RUE09800 for a Reasonable Use Exception Introduction The Applicant seeks a Reasonable Use Exception to allow construction of a waterline across an intermittent stream. The Hearing Examiner held a public heart ig on this matter and made a site visit on October 14, 2004. Parties represented at the hearing were the Director, Planning and Community Development Department (PCD or Department), by Thomas A. Bonsell, Planner, and the Applicant, Michael Olson, pro se. One member of the public made a comment at the hearing in opposition to granting the exception. On November 3, 2004 the Hearing Examiner ordered that the record be reopened so that the parties could submit needed information and documentation. The Hearing Examiner also ordered that the hearing be reconvened on December 2, 2004, for the receipt of that information and documentation. The record was closed with the conclusion of the reconvened hearing. After due consideration of all the evidence in the record, the following shall constitute the findings, conclusions, and decision of the Hearing Examiner on this application. Findings Site Description 1. The subject property is located on the south side of Lofgren Road, south of Murden Cove and is addressed as 9955 N.E. Lofgren Road. [Application, Exhibit 3, page 1; Staff Report, Exhibit 28, page 1] The Iega1 description [Exhibit 5] is: Lot 46 of the plat of Rolling Bay City, recorded m volume 3, page 11 of the plats, records of Kitsap County, and situate in Government lot 2, Section 23, Township 23 north, Range 2 East, W. M., City of Bainbridge Island, Kitsap County, Washington. 2. The property is zoned R-2, for residential use, two units per acre. The Comprehensive Plan designation is OSR-2, Open Space Residential, two units per acre. [Exhibit 28, page 1; Exhibit 7) SCUP 12566 Page 1 of 10 3. This is a 4.5 acre parcel that, under application SUB09800, the applicant seeks to subdivide into six lots [the plat is discussed in Exhibit 2, Hearing Examiner MDNS Appeal Decision and Preliminary Plat Recommendation]. There is a single family residence located in the eastern portion of the site in proposed Lot 5 (a detached garage is located in proposed Lot 6). [Exhibit 7, Sheet 3] 4. The site is rectangular in shape and generally slopes to the north. Site topography is dominated by a north -trending ravine containing a seasonal stream that, along with the associated ravine slopes, occupies the central third of the property. The western portion of the site is undeveloped forested land with moderate to dense vegetative cover. A well, intended to serve water to the proposed lots, has been developed near the west edge of the ravine on the north -south property line between Lots 2 and 3. [Exhibit 341 5. The seasonal stream originates south of the site, flows along the ravine floor within the slope -constrained channel, under the Lofgren roadway, and into a Category I wetland to the north [Exhibit 28, page 4; Testimony of Bonsell]. On the subject property the ravine deepens to the north and broadens slightly, with an elevation change from the south property line to the north property line of approximately 40 -50 -ft. At the north end of the site the slopes flanking the ravine reach to a height of 50 ft. with angles of approximately 40 degrees. At the south end of the property, the slope angles are more moderate and generally range from 20 to 30 degrees. [Exhibit 34, pages 2-31 The ravine slopes have mature red cedar and western hemlock and a sparse herbaceous understory [Exhibit 22, pages 3] 6. The geotechnical consultants who examined the site concluded in their report [Exhibit 34] that the site has a low risk of slope instability and landsliding [page 3]. They further concluded that the site could be developed `without adverse impact to slope stability provided that adequate earthwork, drainage/erosion control, and site vegetation management are incorporated into site development and construction practices" [page 4]. The limitations recommended include a 25 -ft. setback from the crest of the ravine for residences, and a 10 -ft. minimum setback for the well. [Exhibit 34, pages 4-5] Background: Associated Subdivision and SEPA Appeal 7. On April 16, 2004, the Director issued a SEPA Mitigated Determination of Significance (MDNS) in association with the underlying subdivision application. The applicant appealed Conditions 6 and 7 of that MDNS. Condition 6 barred installation the waterline across the stream and buffer, and instead allowed the line to be placed in the Lofgren Road right of way or another well to be drilled. Condition 7 required that Hemlock Street be improved. 8. After the appeal hearing, the Hearing Examiner issued a SEPA decision, as well as a recommendation on the subdivision application. The decision on the SEPA appeal was to uphold the Condition 6 prohibition on the waterline crossing the stream and to SCUP12566 Page 2 of 10 eliminate the Condition 7 requirement to improve Hemlock Street. The Hearing Examiner's recommendation on the subdivision application was that the City Council should remand it to PCI? until the applicant could obtain Health District approval for the water and sanitary waste disposal systems [Exhibit 2, pages 24-251. 9. The MDNS was withdrawn and reissued by PCD on August 14, 2004 [Exhibit 241 to amend the conditions in conformance with the Hearing Examiner's decision and to expand it's application to include the Reasonable Use Exception (RUE) that is the subject of this decision. The reissued MDNS was not appealed. RUE Application 10. The proposal consists of digging a trench and installing 670 linear feet of waterline (from the well to proposed Lot 1 and from the well along the southern property line to serve proposed Lots 4-6). The hand -dug trench for the waterline would be a maximum of 4 -ft. wide and would be located within a 25 ft. wide utility easement [Exhibit 33, page 1; Exhibit 22, page 5]. The proposed north/south segments of the waterline, along the east and west sides of the ravine, would be outside of the required 25 ft. buffer, but the cast/west segment would be constructed across the Class IV stream and buffer [see Exhibit 32]. 11. As development cannot be allowed in a regulated stream and buffer without a Reasonable Use Exception (RUE), the applicant applied for an RUE to allow construction of the waterline with the proposed alignment [Exhibit 3]. Notice of that application was given on April 17, 2004 [Exhibit 181. 12. Regarding the proposed waterline, the geotechnical consultants recommended [see Finding #61 that it should "...cross the ravine in the area of modest ravine slope height and angle...located in the extreme southern portion of the site..." They recommended this route because they believed that the alignment "reduces slope soil and vegetation disturbance and will not adversely impact ravine slope stability." [Exhibit 34, pages 4-51 The preliminary plat map, Exhibit 32, shows the proposed alignment. 13. The proposal includes restoration of the slope and vegetation via implementation of a proposed Mitigation Plan (see Findings #20 and 21). 14. The geotechnical consultants (see Findings #6 and 12) recommend that the trench be backfilled "as soon as possible" after the waterline has been installed and that the disturbed soils be protected throughout the construction process. The post -installation measures recommended include mulching, seeding and/or hydroseeding all areas where vegetation has been removed or the soils disturbed. Standard erosion and sediment controls (e.g., hay bales, silt fencing, quarry spall berms/blankets) should also be employed during the trenching and waterline installation. [Exhibit 34, page 5] SCUP12566 Page 3 of 10 15. PCD expects that HDPE (high density polyethylene) pipe will be required for the waterline because it has little, if any, risk of leaking or failing [Testimony of Bonsell]. Director's Reconnnendation 16. On April 9, 2004, PCD notified the applicant that the application was complete and gave public notice of application on April 17, 2004. [Exhibit 16]. 17. One person submitted two written comments [Exhibits 20 and 25] to the Department in response to the Notice of Application [see Finding #26 for discussion of comments]. 18. The Wetland Advisory Committee (WAC or Committee) reviewed the RUE application and did a site inspection. Initially, in May 2004, the Committee found that the application did not satisfy the requirements of BIMC 16.20.110 and advised that a more thorough mitigation plan be prepared. The Committee expressed specific concerns and suggestions in its report regarding this application. Included in these specifies were: 1) that the mitigation plan should expressly include that the trenching would be done by hand and "undertaken in the summer (dry season) when no water is flowing in the streambed"; and, 2) that the replanting, not ideally done in the dry season, should be phased "to maximize plant survival." [Exhibit 211. 19. In response to the concerns of the Committee, the applicant had a Mitigation Plan prepared by a wetlands biologist. That Plan [Exhibit 221, prepared by Myers Biodynamics, Inc., was submitted to PCD in August 2004 [Exhibit 23]. PCD staff reported that the Committee "was satisfied" with the Myer's Mitigation Plan [Exhibit 28, Page 3]. 20. The Mitigation Plan regards the proposed alignment to be a mitigation, as the positioning of the waterline operates "to present a small, confined impact to the riparian buffer where the slopes are the least steep" [page 2]. Mitigation would also include adding a I -ft. deep layer of native topsoil with the backfill and planting approximately 80 to 100 shrub and herb species (a 3 -for -1 replacement ratio) within areas disturbed by the trenching. This restoration planting would be monitored to gauge its success and a contingency plan would provide for additional plantings and/or other corrective actions if the original plants fail. [Exhibit 22, pages 2-5, Figures 2-5 ] 21. The Mitigation Plan specifies that the trench is to be "hand -dug", but does not include the Wedand Advisory Committee's dry season -only limitation (the Plan assumes that the trenching would be done in the Fall of 2004) [Exhibit 22, page 3]. (The Committee's concern for the timing of replanting is addressed by Note #3 in Figure 5: "All restoration planting shall occur after October 15s' and before November 15`h following the trench work.") SCUP12566 Page 4 of 10 22. The Director recommends that all the conditions and recommendations set forth in both the geotechnical report (Exhibit 34] and Mitigation Plan [Exhibit 22) be required. 23. The Director considered the alternative alignment of going north from the well, through proposed Lots I and 2, east in the Lofgren Road right-of-way, and then south through proposed Lots 4 and 5 (i.e., the alignment that was in Condition 6 upheld in the SEPA appeal; see Finding #7). The Director determined that this Lofgren Road alignment `alternative' did not provide a reasonable alternative to the RUE alignment because it would cost more than the proposed alignment. [Exhibit 28, pages 5 and 7] 24. The Director recommends approval of the RUE based upon having concluded that the proposal, as conditioned, would be consistent with the applicable provisions of the Critical Areas Ordinance (BRAC 16.20.090. Wetlands and Streams; BIMC 16.20.110: Mitigation Plan Requirements) and the Zoning Code (BIMC 18.30: R-2 Zone). [Exhibit 28, pages 4-71 Public Hearin 25. The public hearing on the application was properly noticed with posting, mailing, and publication completed on September 25, 2004 [Exhibit 26]. 26. One neighbor submitted two written comments [Exhibits 20 and 25] during PCD's consideration of the application and submitted both written and oral comment at the hearing. Vince Mattson expressed opposition to granting the requested exception [Exhibit 29; Testimony of Mattson]. Mr. Mattson does not believe "that this proposal qualifies for a Reasonable Use Exception..." as the only reason given for proposing the alignment crossing the stream and its buffer, is that it would cost less than routing the line along Lofgren Road- He also observed that because the applicant's 6 -lot subdivision could be approved regardless of which alignment is used, the applicant would not be denied all reasonable use of his property with denial of the RUE. Alternative Alignment 27. At the reconvened hearing on December 2, 2004, the applicant documented that the Lofgren Road `alternative' alignment would be expected to cost considerably more than the alignment proposed with the RUE. The proposed alignment is estinused to Dost approximately $13,400 and the alternative in Loren Road approximately $23,500 (1 �ngencies not inchrded). The Lofgren Road estimate is based upon the alignment being in the roadway itself, necessitating cutting the pavement, removing and replacing asphalt, and providing traffic coat" during several days of construction. [Exhibit 33; Testimony of Olson] 28. At the SEPA appeal hearing in 2003 the costs were estimated to be $12,000 for the proposed alignment and $30-50,000 for the alternative route. That alternative route SCUP 12566 Page 5 of 10 was presumed to be "placed in the steep slope on the roadside" along Lofgren Road and not in the paved portion of the roadway. [Exhibit 2, pages 7-8, Finding 17]. 29. The roadbed for Lofgren Road in this vicinity is fill. The fill is quite deep and the embankments that flank the roadway are, in some places, both narrow and steep (characterized as 42%; 1:1 slope). The roadway fill has been stable and it does not appear likely that constructing the waterline in the roadway would destabilize it. However, constrimdon in the fill of the steeply sloping embankment would disturb the vegetative cover and possibly disrupt the stability of the fill. (Testimony of Olson; Testimony of Bonsell; Testimony of Mattson) Pertinent Code Sections 30. BIMC 16.20.090.I.2.b provides that procedures for an other than administrative Reasonable Use Exception are "the procedures set forth in BIMC 2.16.100. " 31. The decision procedures of BIMC 2.16. 100 provide as follows: A. Applicability. This section applies each time a provision of this code authorizes a public hearing before the hearing examiner and a final decision by the hearing examiner.. B. Purpose. The purpose of the public hearing is to review a proposed project for consistency with the Bainbridge Iskwd Municipal Cade, apprW iale elements of the comprehensive plan and all other applicable law, and to provide an opportunity for the public to comment on the project and its compliance with the municipal code, the comprehensive plan and all other applicable law. 32. The Wetlands and Streams section of the Critical Areas Ondinance, at BIMC 16.20.090.H.2, requires a 25 ft. buffer on each side of a Class IV stream bank (here, the bank is the crest of the ravine). A minimum 15 ft. building setback is also required. 33. BIMC 16.20.090.I.1 states the pirpose of the provision of the Reasonable Use Exception (RUE): ...Reasowwble use exceptions are the mechanism by which the city may grant relief from the provisions of this chapter where compliance with certain provisions of flus chapter leave no reasonable um of Me praperiy. A reasonable use exception is authorized only for proposed alterations to required buffers, regulated wetlands or streams... 34. The Reasonable Use Exception decision criteria of BIMC 16.20.090.I.4 provide that: A reasonable use exception may be approved or approved with mod�ftcations if without the reasonable use exception the applicant would be deprived of any reasonable use of the property and SCUP12566 Page 6 of 10 a. The proposed activities will result in the minimum intrusion, alteration or impairment of the wetlands, stream or required buffer including impacts to their functional characteristics, while permitting some reasonable use of the property. In all cases, disturbance of a regulated wetland or stream shall only occur if no reasonable use can be achieved by disturbance of the buffer only; c. The proposed activities include mitigation as appropriate to avoid measurable degradation to groundwater or surface water quality, d. The proposed activities comply with all relevant state, local and federal laws, including those related to sediment control, pollution... e. Alterations to... streams and buffers will be mitigated to the extent feasible considering the extent of the disturbance, the size of the site and the necessityfor the proposed activities; f. There will be no damage to nearby public or private property and no threat to the health or safety of people on or off the property; g. The inability to derive reasonable use of the property is not the result of actions by the applicant in segregating or dividing the property and creating the undevelopable condition after the effective date of this chapter, h. The reasonable use exception will not allow a use or activity that is inconsistent with the uses and activities and limitations of other properties in the vicinity and zone in which the property is located, j. The reasonable use exception is the minimum necessary to provide reasonable use of the property, k. The reasonable use exception is consistent with all other provisions ofthis code and is in accord with the comprehensive plan. 35. The requirement for mitigation plans for critical areas, at BIMC 16.20.110, include that: A. ...All critical area restoration, creation and/or enhancement projects required pursuant to this... shall follow a mitigation plan prepared by an expert approved by the director- --* ... The mitigation plan shall recreate as nearly as possible the original critical area in terms of its acreage, function, geographic location and setting. s** C. 2. c. ... Specific criteria shall be provided for evaluating whether or not the goals and objectives of the project are met and for beginning remedial action or contingency measures... e. —A program outlining the approach for monitoring construction of the compensation project and for assessing a completed project shall be provided... f. ... A protocol shall be included outlining how the monitoring data will be evaluated ..A monitoring report shall be submitted annually... SCUP 12566 Page 7 of 10 g.... Contingency Plan. Identification of potential courses of action, and any corrective measures to be taken when monitoring or evaluation indicates project performance standards are not being met. F. Permit Conditions. Any compensation project prepared pursuant to this section and approved by the director shall become part of the application for the permit. Analysis 36. The single-family use proposed by the associated subdivision that would be supported by the requested waterline is consistent with the residential use anticipated by the zoning and Comprehensive Plan designations of the subject property. 37. There would have to be compliance with applicable Health District regulations regarding the provision of domestic water service. 38. The alternative alignment in Lofgren Road would be substantially more expensive than the RUE alignment. Given that the migating conditions required for the RUE stream and buffer crossing would result in avoiding adverse impacts to the stream and restoring vegetation removed or disturbed by construction, the alternative alignment in Lofgren Road would not have a noteworthy environmental advantage. Constructing the waterline in the steeply sloping fill along the roadside could have destabilizing effects on that fill and associated adverse environmental consequences. 39. With proper implementation of the conditions recommended by the Director and the Wetland Advisory Committee (including the Mitigation Plan and limiting the time and manner of construction) the proposed waterline construction could be accomplished with minimal intrusion and no environmental damage to the stream and downstream environments Construction as conditioned would have no damage to neighboring properties or present a threat to the public health and safety. There would be little, if any, long-term risk to the stream from pipe leak or failure. Conclusions 1. The Hearing Examiner has jurisdiction to hear and decide this matter. 2. Appropriate notices of the application and the public hearing were given and the hearing was properly convened and all continents, testimony, and other evidence considered. 3. Monetary cost is one factor to be considered in determining what is "reasonable" and whether denying a requested exception is a deprivation of reasonable use. It is not the only consideration. Merely having a greater ew should not define an altemati a as `unreasonable" and routinely trigger the granting of a RUE. However, the magnitude of SCUP 12566 Page 8 of 10 the difference in cost, when combined with a large dollar amount, could help distinguish what is and is not reasonable. (For example: A high cost alternative with a high comparative cost difference - say, $20,000 for an alternative and $10,000 for the RUE - could be persuasive in finding that a proposal is a reasonable exception. Relatively low costs, even with a high comparative difference - in this example, something like $2,000 versus $1,000, would not.) Given that the goal of the Critical Areas Ordinance here is the protection of streams, consideration of the environmental "costs" (i.e., adverse impacts) should always be foremost when contemplating exceptions to the protective prohibitions. Where, as in the RUE requested here, the adverse impacts would be effectively minimized and/or avoided (thus fulfilling the purpose of the stream protections), requiting an alternative that has substantiaily higher dollar costs (in both absolute and comparative terms), would deprive the owner of reasonable use. 4. As noted in Findings #36 through 39, and consistent with the Director's recommendation and that of the Wetland Advisory Committee, the requested Reasonable Use Exception should be granted as it meets the requirements ofBIMC 16.20.090.I. Decision The application of 1ltichael Olson for a Reasonable Use Exception (associated with the 6 - lot subdivision application SUB09800) to allow construction of a waterline across an intermittent stream, is hereby Armovm wmt com mcm (Conditions 1-8 follow on page 10). Entered this ;T► i day of December 2004. , &eredithGetches City of Bainbridge Island Hearing Examiner pro tem CONCERNING FURTHER REVIEW NOTE: It is the responsibility of a person seeking review of a Hearing Examiner decision to consult applicable Code sections and other appropriate sources, including State law, to determine his/her rights and responsibilities relative to appeal. Rem riot judicial review of this decision by a person with standing can be made by filing a land use petition in superior court within 21 days in accordance with the Land Use Petition Act, Revised Code of Washington (RCW), Chapter 36.700. SCUP 12566 Page 9 of 10 RUE 09800 Conditions of Approval [These conditions are only those related to the RUE approval; other and additional conditions included with approval of subdivision SUBo9so0 must also be adhered to.] SEPA Conditions 1. Prior to any clearing or other construction activities, the applicant shall obtain a plat utilities permit from the Department of Planning and Community Development that includes an approved Temporary Erosion and Sedimentation Control Plan addressing erosion and sediment control issues specific to the construction and installation of the waterline. That plan must specify the Best Management Practices (BMP) to be employed. All the BMPs specified sha11 be implemented to the satisfaction of the Public Works Department. 2. All suitable excavated soil shall be re -used on -sites provided that neither the location of nor the mazmer of that reuse would damage vegetation and/or contribute to or increase erosion or station. That material determined by the Director to be unsuitable for on-site use shall be disposed of at a disposal site approved by the Director, 3. To mitigate air quality impacts, cmnactors shall conform to Puget Sound Clean Air Agency regulations and take all reasonable precautions to avoid dust emissions_ Vegetation that cannot be reused on-site as indicated in the Mitigatm Plan, shall be removed from the site, processed by chipper, or by some other method of disposal not requiring burning. 4. All conditions and reconxinendations set forth m the geotechnical report preparod by Meyers Biodynamics, dated October 20, 1999 shall be foilowed without exception to the satisfaction of the Public Works Department. 5. The trenching and installation activities for the waterline's east/west segment shall be permitted only in the "dry season" when no water is flowing in the streambed Trenching and notallabon activities on the nord"outh segments of the waterline outside of the stream and its buffer may be permitted without this seasonal limitation. Best management practices to control erosion and sedimentation must be always utilized as appropriate — see Condition # 1.) 6_ All conditions of the Mitigation Plan (repha ting, restoration, monitoring, contingency and maintenance, including Figures and Tables), prepared by Meyers Biodynamics and dated July 29, 2004, shall be followed without exception to the satisfaction of the Public Works Department. Non-SEPA Conditions 7. The waterline, where it crosses the stream, shall be constructed of heat welded HDPE (or other material expressly found suitable by the Public Works Department) and/or shall be sleeved to the satisfaction of the Public Works Department. SCUP 12566 Page 10 of 10 Staff Report Project name: Otto Olson Subdivision File number: SUB09800 Department of Planning & Community Development Date: July 21, 2003 To: Robin Baker, Hearing Examiner Pro Tem From: Larry Frazier, AICP Director of Planning and Community Development Project Manager: Thomas Bonsell, Planner I. INTRODUCTION Applicant: The Estate of Otto Olson, Mike Olson Executor Request: To subdivide 4.50 acres into six lots Location: Lot 46, Plat of Rolling Bay City. South side of Lofgren Road bordered by Hemlock Street on the West and Fir Street on the East. RECOMMENDATION: Approval with the following conditions: SEPA Conditions: 1. Prior to any clearing, grading or construction activities and prior to final plat approval, the applicant shall obtain a plat utilities permit from the Department of Planning and Community Development. The plat utilities permit shall include a Temporary Erosion and Sedimentation Control Plan. 2. All excavated material shall be re -used on-site. If the material is found to be unsuitable for on-site use, it shall be disposed of at an appropriate disposal site. 3. To mitigate air quality impacts during grading, contractors shall conform to Puget Sound Clean Air Agency Regulations that insure that reasonable precautions are taken to avoid dust emissions. 4. To mitigate air quality impacts during clearing activities, cleared vegetation must be removed from the site and/or processed by chipper or some other method of disposal that does not require burning. File name: Otto Olson Subdivision, case number: SUB09800 5. Complete storm water drainage plans designed in accordance with the Washington State Department of Ecology Technical Manual shall be submitted and approved by the City Engineer as part of the plat utilities permit. 6. In order to supply water from the proposed well site to the three lots on the opposite side of the ravine the water transport line will not be permitted to cross the ravine and Class IV stream either above or below the surface. The water transport line must be placed in the right of way for NE Lofgren Road or a second well must be drilled. 7. In order to provide adequate access to the subdivision, the applicant is required to improve and develop Hemlock Street NE to City of Bainbridge Island, minimally adequate standards. Improvements shall begin at NE Lofgren Road and continue to the south property line. All improvements shall be approved by the Department of Public Works. 8. To mitigate potential off-site glare, any street lighting within the subdivision shall be hooded, shielded, and have a maximum height of 12 feet from finished grade and shall adhere to BIMC 15.34. 9. All conditions and recommendations set forth in the geotechnical report prepared by Meyers Biodynamics, dated October 20, 1999 shall be followed. Non-SEPA Conditions: 10. 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. 11. A final Open Space Management Plan and associated Covenants Conditions and Restrictions containing the maintenance and responsibility for the open space shall be approved by the Director of Planning and Community Development then recorded with the final plat approval. File name: Otto Olson Subdivision, case number: SUB09800 12. All open space area uses and restrictions are to follow the approved Open Space Management Plan. Specifically 30% of the significant trees as defined in BIMC 18.85 and 50 % of the open space on the individual lots shall be designated and preserved in native vegetation at the time of building permit submittal. Preservation plans shall be submitted with each building/development permit identifying the area and trees to be retained. All trees and vegetation on any slope 15 percent or greater shall remain undisturbed. If any of the significant trees that are designated to be saved are considered hazardous by a professional arborist, they may be removed after a replanting plan has been approved. The ratio of replacement shall be 3-1, 3 trees of similar type shall be planted for every significant tree removed as required planting in BIMC 18.85 13. All lot corners shall be staked with three-quarter inch galvanized iron pipe and locator stakes along with all other applicable survey provisions of Appendix A.(BIMC Chapter 17.04) 14. A plat certificate shall be provided with the final plat application. 15. Building setback and lot coverage requirements must be shown on the final plat, Specifically: • Building to Building - Minimum 50 feet separation. • Building to Exterior Property Line - 25 feet. • Building to Right -of -Way or street easement - Minimum 15 feet setback. • Building to Trail, Open Space - Minimum 10 feet setback. • Building to NE Lofgren Road - 35 feet • Maximum lot Coverage per lot - 6,534 square feet. 16. Approved street names, traffic regulatory signs, and accessible mailbox locations that do not restrict pedestrian access must be shown on the construction drawings, which shall be submitted prior to final plat. File name: Otto Olson Subdivision, case number: SUB09800 17. Public and private improvements, facilities, and infrastructure, on and off the site that are required for the subdivision shall be completed, have final inspection and approval prior to final plat approval. Approval of public facilities will be shown by a formal letter of acceptance from the City Engineer. An assurance device acceptable to the City may be used (in lieu of physical completion) to secure and provide for the completion of necessary facilities. Any such assurance device shall be in place prior to final plat approval, shall enumerate in detail the items being assured and shall require that all such items will be completed and approved by the City within one year of the date of final plat approval. While lots created by the recording of the final plat may be sold, no occupancy of any structure will be allowed until the required improvements are formally accepted by the City. Additionally, a prominent note on the face of the Final plat drawing shall state: "The lots created by this plat are subject to conditions of an assurance device held by the city for the completion of certain necessary facilities. Building permits may not be issued and/or occupancy may not be allowed until such necessary facilities are completed and approved by the City of Bainbridge Island. All purchasers shall satisfy themselves as to the status of completion of the necessary facilities." 18. To the satisfaction of the City Engineer, the applicant shall satisfy the following conditions prior to final plat approval.. a. The Applicant shall submit a proposal for meeting the Bainbridge Island Design and Construction Standard 7-040 for frontage improvements along Hemlock Street prior to preliminary subdivision approval. Applicant shall officially open and improve Hemlock Street from Lofgren Road to the south property line of the short plat and joining with the existing street. b. Applicant shall submit an engineered plan for construction of the road as well as drainage/erosion-sedimentation control system for it. A design shall be submitted and approved prior to final subdivision submittal. C. Required improvements shall be constructed or appropriately bonded to ensure performance prior to final subdivision submittal. d. Applicant shall submit the required items outlined in the attached memorandum from Ross Hathaway, dated April 26, 2002, completed by the Geotechnical Engineer, prior to preliminary short subdivision approval. The Geotechnical Engineer shall provide concurrence for proposed drainage systems serving the single family residences or roadways. f. Applicant shall resolve any survey issues prior to final short subdivision submittal. g. The applicant shall dedicate five feet adjacent to NE Lofgren Road to the City of Bainbridge Island prior to final plat approval. File name: Otto Olson Subdivision, case number: SUB09800 19. To the satisfaction of the Bainbridge Island Fire Department, the applicant shall address the following conditions prior to final plat approval: Any on-site private roads shall be constructed with the following requirements. a. The entire road shall consist of an all weather gravel surface at least 12 feet in width and a height clearance of not less than 13' - 6". b. The road shall have a gradient not to exceed 12% an any point unless it is paved where a 15% grade will be allowed. C. Any private road greater than 300 feet shall have turnouts at 300 foot intervals to allow passage of two vehicles. The turnouts must transition to 18 feet in width in a length of 40 feet. d. A hammerhead must be located in the most level portion at or near the end of the road. 20. The steep slope area, associated buffer and seasonal stream shall be designated as a common property easement for all homeowners within the plat. 21. Applicant shall submit an engineered plan for construction of the road as well as drainage/erosion-sedimentation control system for it. Drainage and road improvements shall be constructed or bonded for prior to final plat approval. 22. Applicant shall submit the following items, completed by the Geotechnical Engineer, prior to final short subdivision approval. A. The engineer of record shall complete, sign, and seal the City of Bainbridge Island's standard geotechnical recommendation form. B. The engineer of record shall address the possible risk to adjacent properties in the City of Bainbridge Island's standard geotechnical recommendation form. C. The following setbacks shall be noted on the face of the plat map, including but not limited to, a 25 -foot setback from the crest of the ravine to all future residences, a 10 -foot setback to the shared well, and a 10 -foot setback from the crest of the ravine to future utility easements. 23. The applicant's Geotechnical Engineer shall provide concurrence for proposed drainage systems serving the single family residences or roadways. 24. Applicant shall resolve any survey issues prior to final subdivision submittal, including but not limited to, removal of the garage that straddles the property line common to lots 5 and 6. File name: Otto Olson Subdivision, case number: SUB09800 25. The well site for the project shall be a minimum of 25 feet from the top of slope and the location. Drilling practices must be approved by a geotechnical engineer. The route and construction of the water line must be approved by the Geotechnical Engineer. In addition, prior to final plat submittal the well design will need Health District approval. Well maintenance easements shall be located outside of critical area buffers. 26. Health District approval for septic systems is required prior to submittal to the City Council for decision. 27. Conditions 1 - 5, 9 - 12, 14, 15, and 19 shall be listed on the final plat mylar File name: Otto Olson Subdivision, case number: SUB09800 Staff Analysis II. FINDINGS OF FACT A. Site Characteristics 1. TAX ASSESSOR INFORMATION a. Tax Lot Number: 4169-000-046-0005 b. Assessor's Record Information Owner of record: Otto Olson, Estate of Lot size: 4.50 Acres Land use: Single Family Residential 2. TERRAIN a. Contains delineated class IV stream b. Contains geologically hazardous area as defined by BIMC 16.20. is adjacent to a ravine that evenly divides the property in a north south direction. Steepness on the site ranges from 0 to 40+ percent with severe soils. c. The site topography shows relatively flat areas to the east and west with a ravine and seasonal stream in the center of the site generally running south to north.. d. The vegetation tends to be a mix of large evergreen and deciduous trees with a dense understory. 3. SITE DEVELOPMENT a. The site contains a single-family Residence with a detached garage. 4. ACCESS a. Functional Road Classification Map: NE Lofgren Road is classified as a collector, with a required right-of-way width of 50 feet. No new dedication is required for this project. 40 feet currently exists. b. Fir Street NE and Hemlock Street NE are residential suburban, with a required right of way width of 30 feet. No new dedication is required for this project. C. Direct access into the site will be from Fir Street NE and Hemlock Street NE. d. Sidewalk Requirements: None are required for this project. 5. UTILITIES a. Water: Two proposed, Multiple -party wells. b. Sewerage Disposal: On-site septic. C. Storm drainage basin "Murden Cove -1." 6. SURROUNDING USES a. North: Single -family -residential b. South: Single -family -residential C. East: Single -family -residential d. West: Single -family -residential 7. SITE ZONING File name: Otto Olson Subdivision, case number: SUB09800 a. R-2, 2 Units per acre 8. SURROUNDING ZONING a. North: R-1, 1 unit per acre b. South: R-2, 2 Units per acre C. East: R-2, 2 Units per acre d. West: R-2, 2 Units per acre 9. SITE COMPREHENSIVE PLAN DESIGNATION a. OSR 2, Open Space Residential 10. SURROUNDING COMPREHENSIVE PLAN DESIGNATIONS a. North: OSR 1, Open Space Residential b. South: OSR 2, Open Space Residential C. East: OSR 2, Open Space Residential d. West: OSR 2, Open Space Residential B. History 1.Pre application conference conducted May 11, 1999 2.Application for subdivision received March 14, 2002 3.Complete application letter sent April 11, 2002. 4.Notice of application published April 17, 2002. No comment letters were received during the comment period. 5.MDNS issued April 16, 2003 6.The applicant appealed the MDNS May 14, 2003. C. Comprehensive Plan Goals and Policies EN 2.1: The number and design of lots shall be based on minimizing impact to critical areas and protecting natural systems. Development shall be consistent with the objectives of the Critical Areas policies rather than maximizing the number of lots. In order to protect critical areas, the full density permitted under the zoning ordinance may not be achieved. As conditioned, critical areas are protected. A calculated maximum density of 2 units per acre is not being utilized due to critical area protections. Actual density is 1.3 units per acre. EN 2.3: No lots shall be created that do not provide sufficient area to accommodate a building site on the "non-critical' portion of the site. The lots created have sufficient area to accommodate building sites and do not extend into critical areas. or their buffers. AQ 1.19: Require the construction of necessary roads and utility corridors on upland sites to avoid wetland and stream crossings and disturbances. As conditioned, the roads and utilities are not located within the critical areas. File name: Otto Olson Subdivision, case number: SUB09800 OS 1.4: Existing vegetated buffers should be retained to preserve the Island's character and the forested view from the road. As conditioned, 40 percent of the site is designated open space. A 25 foot buffer has been placed along Lofgren road to preserve the Island's character and forested view from the road. OS 1.6: Tree -covered hillsides and hilltops, particularly ridge lines so valued by the community, shall be particularly protected for their visual and aesthetic benefits to the Island as well as their functions as wildlife habitat and erosion and runoff retardation. The site does not contain ridgelines but the hillsides has been designated as open space and slopes shall remain vegetated. OS 1.12: Land that is designated as permanent open spaces within Flexible Lot Design Subdivisions shall be used only for recreational, conservation, or agricultural use. This land shall be: Owned jointly or in common by the owners of the building lots; Dedicated to the City, Park District, or to a private, non-profit organization, subject to acceptance; Retained by the original landowner and protected through a permanent conservation easement. Designated open space will be owned privately and activities allowed within shall be proscribed within a open space management plan. (See attachment C) & (Condition 12) OS 3.3: The overall density for residential use shall be a maximum of two units per acre. However, the landscape should maintain the natural and scenic qualities of the Island. This Project does not exceed two units per acre and 40 percent of the site is designated open space. GH 1.3: In order to protect landslide and erosion hazard areas, and steep slopes from damage during construction and from intrusion following construction, an analysis by a geotechnical engineer should be conducted.. A geotechnical report has been prepared and the recommendations of the report shall be followed. (See attachment D) & (Conditions 22 & 23) TR 2.2: Winding, narrow roads should be retained whenever practical. Roads shall be built to follow the natural contours of the land (rather than establish a grid pattern). Widen or straighten existing roads when needed 1) to meet safety needs, 2) provide for transit, pedestrian travel, and bicycling, or 3) correct LOS deficiencies. Widening or straightening of roadways to correct LOS deficiencies should only be considered after all other alternatives have been examined and subsequently determined insufficient. Reduction in the level of service may be preferred over widening or straightening of a roadway. Roadways within Winslow should reflect its more urban nature (e.g., sidewalks, separate bike lanes). Hemlock Street NE will be improved to City standards by the applicant and provisions will be made for pedestrian travel. (Condition 7) File name: Otto Olson Subdivision, case number: SUB09800 D. Chapter 16.20 Critical Areas 1. Section 16.20.080 Geologically Hazardous Areas a. A. General. Geologically hazardous areas include erosion hazard areas, landslide hazard areas and seismic hazard areas. B. Classification. Geologically hazardous areas shall be classified based upon landslide history and the presence of unstable soils, steepness of slopes, erosion potential, and seismic hazards. Areas in this category are a potential threat to public health, safety and welfare when construction of geotechnically incompatible uses is allowed. Some potential risk due to construction in geologically hazardous areas can be reduced through structural engineering design. Construction in geologically hazardous areas should be avoided when the potential risk to public health and safety cannot be reduced to a level comparable to the risk if the site were stable. Classification and rating shall be based upon the risk to the environment and to development in geologically hazardous areas. The site does contain geologically hazardous areas as defined by code. The applicant has provided a geotechnical report prepared by Myers Biodynamics with recommendations acceptable to the City Engineering Department. (Conditions 22 and 23) b. A. Classifications of wetland categories and stream classes shall not be altered to recognize illegal modifications. B. Determination of Regulated Wetland Boundary. The exact location of the wetland boundary shall be determined by the applicant through the performance of a field investigation applying the wetland definition provided in this chapter. A wetland(s) biologist approved by the city shall perform wetland delineations using Department of Ecology publication #96-94, Washington State Wetlands Identification and Delineation Manual, or the current Department of Ecology methodology and evaluate impacts of the proposed project. The applicant is required to show the location of the wetland boundary on a scaled drawing as a part of the permit application. The director, when requested by the applicant, may waive the delineation of boundary requirement for the applicant and, in lieu of delineation by the applicant, perform the delineation. The director shall consult with wetland biologists as needed to perform the delineation. The applicant will be charged for the costs incurred, including city staff time. Where the director performs a wetland delineation at the request of the applicant, such delineation shall be considered a final determination. Where the applicant has provided a delineation of the wetland boundary, the director shall verify the accuracy of, and may render adjustments to, the boundary delineation. In the event the adjusted boundary delineation is contested by the applicant, the director shall, at the applicant's expense, obtain a wetland biologist to render a final delineation. The site does not contain wetlands, however, the subject property does contain a class IV stream. Appropriate stream buffers have been placed on the subdivision and are contained within open space. File name: Otto Olson Subdivision, case number: SUB09800 E. Chapter 17.04, Subdivisions a. Section 17.04.080 Flexible lot - Standards. Subdivisions established pursuant to the flexible lot design process shall be subject to the following development standards: i. Minimum lot size requirements: 5,000 square feet if septic located outside of the lot 12,500 square feet or as specified by the Health District if septic located within the lot. The proposed lots range in size from 25,180 to 36,438 square feet with the average lot size being 32,685 square feet. The lots will be served by individual septic systems. Health District approval will be required for water and preliminary septic design prior to final subdivision approval. (Condition 6, 24 and 25) ii. Lot setback and dimensional requirements A. The code lists a number of building setbacks for flex lot subdivisions. The applicable setbacks will be listed on the final plat. (Condition 15) B. Minimum lot width is 50 feet. The proposed minimum lot width is 81 feet (Lot 6). C. Maximum lot coverage is 20 percent of the entire property, a portion of which is assigned to each of the created lots. Based on this provision, distributing the permitted lot coverage equally, each lot may have up to 6,534 square feet covered by buildings. (Condition 15) iii. All building sites shall require stormwater management provisions. For storm water control, and in accordance with Department of Public Works requirements, infiltration will be utilized. Approval of the storm water management system by the Public Works Department is a staff recommended condition. (Conditions 5 and 20) b. BIMC 17.04.080B -H. The City will be unable to comply with the open space requirements of Isla Verde International Holdings, Inc. v. City of Camas, Washington Supreme Court docket number 69475-3, within the time allowed by law for processing the application. Therefore, the City will not apply the open space provisions of BIMC 17.04.080B -H [or other related subdivision sections] to this application. In any case, the applicant is proposing open space throughout the subdivision including Critical area protection. C. Landscape Standards: The only landscape ordinance provision applicable to this preliminary subdivision is the retention of significant trees. As conditioned 15 percent by numerical count or 30 percent of significant tree canopy shall be retained. This will be accomplished by the 40% open space that has been set aside with the largest amount being within critical areas and their buffers. (Condition 1) d. Roads and Access Performance Standards: 11 File name: Otto Olson Subdivision, case number: SLTB09800 Roads and access shall be consistent with the following performance standards: i. Connections to existing off-site roads which abut the subject property shall be required where practicable, except through critical areas and/or their buffers. Access to the development will be via Hemlock Street NE and Fir Street NE. As part of this subdivision approval, the applicant will need to improve Hemlock Street NE to Department of Public Works standards. (Condition 18) The improvements for this right of way shall meet the Design and Construction Standards and Specifications detail 7-060 or optional 7-065 with turnouts ii. Pedestrian access onto the site shall be maximized in all proposed projects. This may be accommodated through the provision of on-site walkways, trails, paths or sidewalks which originate at the property boundary. The Non -Motorized System Plan was enacted post complete application for this project. However, adequate provisions for pedestrian access will be provided during public works review of the required improvements to Hemlock Street NE. (Condition 7) Sidewalks will not be required. iii. Internal pedestrian circulation shall be facilitated through appropriately scaled walkways, paths, trails or sidewalks. Special emphasis shall be placed on providing pedestrian access to proposed recreational and/or open space areas. Pedestrian access shall be provided along Fir Street NE and Hemlock Street NE. iv. All roadways (and building sites) shall require stormwater management provisions. This requirement is addressed by staff conditions. (Condition 5) v. Where practical, existing roadway character shall be maintained. This may be accomplished through the reduction of roadway width (provided it is consistent with the code), the minimization of curb cuts, and the preservation of roadside vegetation. The only improvements to right-of- way will be with the improvements to Hemlock Street NE. The improvements shall be the minimum necessary to meet the Department of Public Works requirements. (Condition 20) vi. "City of Bainbridge Island Engineering, Design, and Development Standards Manual' and Appendix A of Title 17. As conditioned, the proposed road improvement will be developed in conformance with the adopted Design and Construction Standards and Specifications, the successor of the aforementioned manual. vii. Variation from Road Requirements: A variation from the road requirements and standards contained within the "City of Bainbridge Island Engineering, Design, and Development Standards Manual' and Appendix A of Title 17 shall be permitted if such a reduction meets the purposes of this chapter, and is approved by the City or the director, after recommendation by the City Engineer and the Fire Marshall. No variations have been requested. 12 File name: Otto Olson Subdivision, case number: SLTB09800 17.04.094 Preliminary Subdivision - Decision Criteria. The hearing examiner's recommendation and the City council decision shall include findings of fact that the application meets all the requirements of the following subsections. The subdivision may be approved or approved with modification if: i. The preliminary subdivision makes appropriate provisions for the public health, safety and general and public use and interest, including the following: 1. Highways, roads, streets, and other transit facilities; As conditioned, the proposed street improvements will be adequate to accommodate the 47.85 average daily trips projected to be generated by the subdivision. 2. Streets, including street names, traffic regulatory signs and mailbox locations; As part of the improvements to Hemlock Street NE, the applicant will need to install the appropriate traffic regulatory signs, including stop signs and no parking signs. In addition, the plat is conditioned to provide appropriate signage and mailbox locations. (Conditions 7 & 16) 3. Transit stops; Existing transit stops along NE Lofgren Road will serve this plat. 4. Pedestrian facilities; The conditioned roadside walking paths will provide pedestrian access to the subdivision. 5. Other public ways leading to, and providing access to and within the subdivision; There are no other public ways (boat ramps, air strips, etc.) providing access to the subdivision. 6. Schools; Half of the school impact fees will be assessed on each lot prior to final plat approval, with the remainder paid at the time of building permit issuance. (Condition 10) 7. School grounds; The school impact fees will provide for school grounds. (Condition 10) 8. Open spaces; The proposal contains 40 percent open space. (Conditions 11 & 12) 9. Parks; Meigs Park and two schools are within a mile of the project. 10. Recreation facilities; The proposed subdivision contains lots that are of suitable size to provide onsite recreation. 11. Playgrounds; The subdivision will provide lots that average 36,438 square feet which should allow for individual backyard play equipment. In addition, the subdivision will have greenbelt areas if future owners choose to provide for such option. 12. Fire and emergency vehicle access; The Fire District has reviewed this preliminary subdivision and has concluded that with conditions will meet the Fire Districts requirements. 13. Fire flow; The Fire Department has required that this requirement be satisfied by building separation. (Condition 18) 14. Drainage and stormwater facilities; The Department of Public Works has reviewed and approved this preliminary subdivision as conditioned. (Condition 17) File name: Otto Olson Subdivision, case number: SUB09800 15. Water supplies, including potable water; Prior to submittal to the City Council for decision and after the SEPA appeal hearing, Health District approval of the proposed water systems is will be obtained. (Condition 25 and 26) The applicant is appealing the SEPA MDNS condition that disallows crossing the class IV stream with a water line. Until the SEPA appeal is resolved and a decision is rendered by the Hearing Examiner, the issue of procuring a water source is indeterminate. 16. Sanitary waste: Each lot will have an individual septic system. Preliminary Health District approval is required prior to final subdivision approval. However, approval from the Health District is dependant upon the outcome of the SEPA appeal (Condition 25) B. The preliminary residential subdivision has been prepared consistent with the requirements of the flexible lot line process and applicable flexible lot standards. The preliminary plat is consistent with the flexible lot process in that the homesites are configured to provide tracts and greenbelts of open space. C. Any portion of a subdivision which contains a critical area, as defined in chapter 16.20 BIMC conforms to all requirements of that ordinance. As conditioned, this project complies with BIMC 16.20. D. The subdivision reasonably maintains and protects productive agricultural uses in the vicinity of the property, including complying with Section 16.20.181 BIMC. There are no agricultural uses in vicinity of the site. E. 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 of the City of Bainbridge Island Municipal Code. As part of the required plat utilities permit, temporary erosion control measures will be reviewed. Drainage control will be designed so that peak run-off flow will not exceed the pre - development conditions. (Conditions 5) F. The preliminary subdivision design is compatible with the physical characteristics of the proposed subdivision site. The configuration of the subdivision is compatible with the topography of the site. G. The proposal complies with all applicable provisions of this code, chapters RCW 58.17 and 36.70A, and all other applicable provisions of state and federal laws and regulations. The Public Works Department has reviewed and approved the subdivision with regards to the applicable provisions. H. The proposal is in accord with the City's Comprehensive Plan. As discussed under Section II(C) of this staff report, the proposed subdivision is in conformance with the City's Comprehensive Plan. 1. Wherever feasible, 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. Forty percent of the site is in designated open space. J. The preliminary subdivision meets road and stormwater management requirements. The preliminary infrastructure plan been reviewed by Public Works. With conditions, the subdivision will meet the applicable requirements. File name: Otto Olson Subdivision, case number: SLJB09800 i. 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. The findings contained in this staff report demonstrate that the public use and interest will be served by the creation of six residential lots through the flexible lot process. ii. In making a determination of approval, approval with modifications or disapproval using the criteria in Subsections i and ii above, the following additional factors without limitation will also be considered: A. All public and private facilities and improvements on and off the site necessary to provide for the proposed subdivision will be available when needed. All of the public and private facilities and improvements will be provided or bonded for prior to final plat approval. B. Proposed new utilities, facilities and services, and the proposed additional use of existing utilities, facilities and services will not degrade the existing level of operation and the use of such utilities, facilities and services below accepted standards. The project will not degrade the level of operation of water service (per availability letter). Disposal systems (septic systems and locations will be reviewed prior to final plat approval), Stormwater facilities (on-site detention and metered release), or streets (required improvements to increase safety and capacity) shall not fall below accepted standards. C. The scenic value of existing vistas which provide substantial value to the state and public at large, such as views from public rights-of- way, parks and open space. Currently, travelers along NE Lofgren Road have a view of slopes and trees. Providing a greenbelt along the NE Lofgren Road will help minimize the loss of this view. D. Forest woodlots, individual trees, and other existing vegetation and permeated surfaces which provide watershed protection, groundwater recharge, climate moderation, and air purification for the public health and welfare. Retaining 40 percent of the site in open space will maximize the functions of existing vegetation. In addition, by limiting lot coverage, soil disturbance will be kept to a minimum. E. 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. The property, surrounded by suburban development, does not serve as a wildlife corridor or habitat for endangered, threatened or protected species. F Title 18 R-2 2 Units per Acre Zone a. Section 18.30.040 Lot area and density The density shall be two units per acre and minimum lot area for a dwelling unit shall be 20,000 square feet. This density translates into a maximum of 9 lots for the 4.5 -acre site. (Lot size is subject to flexible lot standards as noted below.) The proposed 6 lots are below this maximum. b. Section 18.30.085 Flexible lot design standards 15 File name: Otto Olson Subdivision, case number: SUB09800 The following bulk and dimensional standards [those listed in BIMC Chapter 18.30] shall not apply to those lots which have been established pursuant to the requirements of the flexible lot design process by short subdivision, subdivision, large lot subdivision or as a planned unit development: i. Minimum lot area; ii. Yard setbacks; iii. Minimum lot dimensions. The proposed -lots are being created through the flexible lot design process and the lot areas, setbacks, and lot dimensions are in conformance with the standards listed in BIMC Section 17.04.080(A)(2). Section 18.30.070, Height limitations The building height is 30 feet (with certain exceptions). Building height will be checked as part of building permit review for the individual homes. Chapter 18 90 Affordable Housing a. Section 18.90.020 General Provisions (only applicable subsections are listed) In subdivisions where the applicant intends to sell the individual unimproved lots, it is the responsibility of the applicant to arrange for the affordable units to be built. This requirement does not apply since only 6 lots are being created and the project falls below the threshold for requiring affordable housing. G. SEPA Determination: The requested short plat has been reviewed under SEPA. In accordance with WAC 197-11-350 on April 16, 2003, a Mitigated Determination of Non- significance (MDNS) was issued. On May 14, 2003 an appeal was filed on the MDNS consistent with BIMC 2.16.130. III. Conclusions A. Site Characteristics: As conditioned, and with the required buffers from critical areas, this site is suitable for the requested subdivision. B. History: This application is properly before the Hearing Examiner. C. Comprehensive Plan Policies: As conditioned, the proposal conforms with the comprehensive plan and zoning requirements. D. Critical Areas: As conditioned critical areas are protected. E. Subdivision Regulations: As conditioned this proposal conforms to the subdivision ordinance. F. Zoning Requirements:As conditioned, the proposal conforms with the Title 18, Zoning Requirements. File name: Otto Olson Subdivision, case number: SLJB09800 G. SEPA Determination: A MDNS was issued April 16, 2003. (Attachment H) Appeal was filed May 14, 2003. (Attachment I) IV. Appeal Procedures The Hearing Examiner, following a public hearing, will make a recommendation on the subdivision request to the City Council. The City Council shall hold a public meeting to consider the subdivision request prior to issuing a decision. The decision of the City Council shall be final unless, within 21 days after decision issuance, a person with standing appeals the decision in accordance with Chapter 36.70C RCW. V. Attachments A. Subdivision Application date stamped March 14, 2003 B. Preliminary Plat date stamped March 27, 2003 C. Open Space Management Plan date stamped March 14, 2002 D. Geotechnical Report by Meyers Biodynamics date stamped March 14, 2002 E. Notice of Application (NOA) F. Public comment letters generated by NOA G. Mitigated Determination of Nonsignificance (MDNS) H. Appeal filed on MDNS May 14, 2003 I. Fire Department and Public Works Department Comment Letters J. Notice of Public Hearing/Posting Verification K. Traffic concurrency exemption letter File name: Otto Olson Subdivision, case number: SUB09800 APPLICATION PAGE I OLSON, OTTO ESTATE SUB 3/14/2002 Project Number: PRJ-0009800 ,ase tunber: Primary Parcel Number: 41690000460005 Site address: 9977 NE Lofgren Rd Case Description: Richard reeman, 9953 Lotgren Road. 6 lot subdivision of 4.50 acres to include an open space tract. One house exists on proposed Lot 5. A ravine and stream bisect the lot. People associated with case: Parcel Numbers: Tax Parcel Owner(s): File Name/ Owner OTTO OLSON, ESTATE OF 9955 LOFGREN ROAD BAINBRIDGE ISLAND WA 98110 PHONE: 360-509-7714 Applicant MIKE OLSON, EXECUTOR POST OFFICE BOX 98 PORT HADLOCK WA 98339 PHONE: 360-509-7714 Engineer ADAM & GOLDSWORTHY, INC. 19062 HIGHWAY 305 NORTH POULSBO WA 98370 PHONE: 206-842-9598 Bill Paying Party SAME AS APPLICANT City Planner RICHARD FREEMAN City Engineer MELVA HILL i Parcel Number 41690000460005 Fee History for Case: Case No. Description Date Amount Receipt No. Due Fire Review of 3/18/02 $ 300.00 07368 $ 0.00 Subdivision 300.00 $0.00 Prepayment(s) for Project: Description Date Amount Receipt No. Due Prepayment- 3/14/02 $1,800.00 07102 $0.00 Applications $1> Date Printed: 3/22/2002 Application Received By: NGLADSTEIN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 280 MADISON AVENUE NORTH •BAINBRIDGE ISLAND, WA • 98110-2824 PHONE: (206) 842-2552 • FAX: (206) 780-0955 Web Site: www.ci.bainbridge-isl.wa.us Cm ,dBy: MBMApn12001 ATTACHMENT A City of Bainbridge Island SUBDIVISION PRELIMINARY PLAT APPLICATION CITY of BAINBRIDGE ISLAND MAR 14 2002 SEPT. aF pEVELOPMENT ANNING & �JMMUNIT`� Tax assessor number(s): 4169-000-046-0005 Application fee: &&n2, on Date received: bf/y1DD2 Treasurer's receipt number: D /eJZ Project street address or access street: 9955 NE Loferen Road Date environmental checklist received: 6;F'/y 200 2 Name of proposed project (if any): Olson Preliminary SUBMITTAL. REQUIREMENTS Twelve (12) copies of the completed application, twelve (12) copies of all supporting documents, twelve (12) copies of the required drawings and two (2) sets of drawings reduced to 11" x 17", must be submitted to the Department of Planning & Comrrunity Development. Proposals will not be considered further until application packets are complete. DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 280 MADISON AVENUE NORTH • BAINBRIDGE ISLAND, WA • 98110-2824 PHONE: (206) 842-2552 • FAX: (206) 780-0955 • EMAIL: dcd@ci.bainbridge-isl.wa.us www.d.bainbridge-isl.wa.us Revised 6/22/00 Page 1 of 9 City of Bainbridge Island SUBDIVISION, PRELIMINARY PLAT APPLICATION DETAILS OF EXISTING PROJECT SITE 1. Name of property owner: The Estate of Otto D. Olson Address: c/o Mike Olson, Phone: e1 -8ox 98 ,,1 wt' 4-40t ►loco-- w A 98339 J40 50 9- rf,7I L/ 2. 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: Mike Olson Address: 1541 Dabob Post Office Road, Ouilcene, WA 98376 Phone: 360-765-3934 3. Name of subdivision developer: Same as applicant Address: Phone: 4. Name of land surveyor: Adam & Goldsworthy, Inc. Address: 19062 Hwy 305 North, Poulsbo, WA 98370 Phone: 206-842-9598 5. Legal description of project site (or attach): Lot 46 of the Plat of Rolling Bay City, recorded in Volume 3, Page 11 of Plats, records of Kitsap County, and Situate in Government Lot 2, Section 23, Township 25 North, Range 2 East, W.M., City of Bainbridge Island, Washington. 6. General location of site: On the South side of NE Lofgren Road between Fir Street and Hemlock Street. DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 280 MADISON AVENUE NORTH • BAINBRIDGE ISLAND, WA • 98110-2824 PHONE: (206) 842-2552 • FAX: (206) 780-0955 • EMAIL: dcd@ci.bainbridge-isl.wa.us www.ci.bainbridge-isl.wa.us Revised 6/22/00 Page 2 of 9 City of Bainbridge Island SUBDIVISION, PRELIMINARY PLAT APPLICATION F n of the project, as well as the sequence and timing of the proposed divide the property into six lots. Development of the lots willyal of the subdivision is granted. 8. Other applications to be processed concurrently with subdivision preliminary plat: Water system approval 9. Zoning: R-2 Comprehensive Plan designation: OSR-2 Does the site contain an environmentally sensitive area as defined in the ESA ordinance BIMC 16.20? Yes 10. Property dimensions: 317' x 618' 11. Total property area: 196,111 sq. ft or 4.50 Acres 12. Current use of property: Residential 13. Current zoning and use of adjacent properties it I north: R-2 Residential south: R-2 Residential east: R-2 Residential west: R-2 Residential. DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 280 MADISON AVENUE NORTH • BAINBRIDGE ISLAND, WA • 98110-2824 PHONE: (206) 842-2552 • FAX: (206) 780-0955 • EMAIL: dcd@ci.bainbridge-isl.wa.us www.d.bainbridge-isIma.us Revised 6/22/00 Page 3 of 9 City of Bainbridge Island SUBDIVISION, PRELIMINARY PLAT APPLICATION DETAILS OF PROJECT PROPOSAL 14. Number of lots proposed: Six 6 Average lot size: 32,685 sq. ft. or 0.75 acres 15. Is plat to be phased? No If yes, state the order in which the phases are to be recorded: 16. Proposed water service (attach copy of water availability letter): Group B water system 17. Proposed sewer service (attach copy of water availability letter): Individual on-site septic systems. 18. BIMC 17.08 allows a developer to propose land for dedication for park or recreation use or to offer to pay a fee in lieu of land dedication. Do you plan to: a. Dedicate land? No If so, have you shown the proposed park/recreation area on the plan? b. Propose a fee in lieu of dedication? No c. Proposed ownership of dedication area? 19. What additional provision, if any, has been made for the following: a. fire protection facilities Compliance with the fire flow requirements of City Resolution No. 98-34 will be by building separation with non-combustible roofing. b. school sites and grounds School Impact Fee DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 280 MADISON AVENUE NORTH • BAINBRIDGE ISLAND, WA • 98110-2824 PHONE: (206) 842-2552 • FAX: (206) 780-0955 • EMAIL: dcd@ci.bainbridge-isi.wa.us www.ci.bainbridge-isima.us Revised 6/22/00 Page 4 of 9 City of Bainbridge Island SUBDIVISION, PRELIMINARY PLAT APPLICATION c. other public and private facilities and improvements (including transit) None 20. Are any restrictive covenants proposed? No . If yes, please attach. 21. Are any easements/dedications proposed? Yes . If yes, please attach. 22. Any additional easements/restrictions regarding adjacent land that should be noted? 23. In which FEMA designation does this project lie? Zone C I hereby certify that I have read this application and know the same to be true and correct. 1t(DPJ5�:"A Q AA � 1(—� Signature of owner or authorizzed agent* Date * If signatory is not the owner of record, the attached "Owner/ Applicant Agreement" must be signed and notarized. DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 280 MADISON AVENUE NORTH * BAINBRIDGE ISLAND, WA * 98110-2824 PHONE: (206) 842-2552 *FAX: (206) 780-0955 *EMAIL: dcd@ci.bainbridge-isl.waus www.ci.bainbridge-is1.wa.us Revised 6/22/00 Page 5 of 9 Olson Plat CITY OF BAINBRIDGE ISLAND City of Bainbridge Island MAR 14 2002 Open Space Management Plan DEPT. OF PLANNING & UOMMUNITY DEVELOPMENT DATE: March 6, 2002 APPLICANT: The Estate of Otto Olson c/o Mike Olson P.O. Box 98, Port Hadlock, WA. 98339 TYPE OF PROJECT: Subdivision NUMBER OF LOTS: 6 OPEN SPACE OWNERSHIP: ® Private ownership by individual lot owners ❑ Common ownership by all lot owners OPEN SPACE MANAGEMENT ENTITY ® Individual lot owners ❑ Homeowners Association ATTACHMENT C Page 2 Olson Plat Open Space Management Plan REQUIRED MAINTENANCE ACTIVITIES Inspection for compliance within Open Space Management Plan Frequency of Maintenance Activities Continuous Note: In the event that the open space is not maintained consistent with this Open Space Management Plan, the City shall have the right to provide the maintenance thereof, and bill the owner accordingly. Such bills shall become delinquent 20 days after the date of mailing, and interest shall accrue on and after the date of delinquency at 12% or the rate authorized by statute, whichever is lower. Page 3 Olson Plat Open Space Management Plan ACTIVITIES Lawns and gardens Informal active recreation (i.e., kites, ball sports) Informal passive recreation (i.e., birding, photography, walking) Formal active recreation (i.e., playground, ballfield, climber, sport court) Formal passive recreation (i.e., trails) Horseback riding Operation of motorized vehicles Limitations: Livestock or horse pasturing Tree cutting Limitations: Up to 30% removal only Agriculture Planting of native vegetation Wells and associated access Dc systems jeo" Storm drainage facilities W ht k . C ew rvm l fry tke-- PERMITTED PROHIBITED I EJ 0 /1 ■ ■ � �1 ■ El 0 ® ❑ ® ❑ 0 Page 4 Olson Plat Open Space Management Plan ACTIVITIES Other utilities Limitations: Removal of vegetation Limitations: Structures Limitations: Dumping or storage of wastes Limitations: Dumping or storage of materials Limitations: Storage of motorized vehicles Removal of soil, gravel, peat or rocks Limitations: Excavation or filling Limitation: Planting of non-native species Other PUBLIC ACCESS Public Access provided within Open Space Areas PERMITTED PROHIBITED El 0 I■ ►4 El 0 FJ � ►1 Page 5 Short Plat Open Space Management Plan SIGNATURES Date Myers Biodynamics inc. MB geotechnical and environmental science and engineering _ Mr. Mike Olson 1541 Dabob Post Office Road Quilcene, Washington 98376 Re: Slope Evaluation NE Lofgren Road Property Bainbridge Island, Washington October 20, 1999 CITY SOF DAINDRIDGE ISLAND MAR 1.4 2002 DEPT. OF PLANNING & Dear Mr. Olson: ,Q'OMMUNITY DEVELOPMENT This letter presents the results of the slope evaluation that you requested for your property located south of Lofgren Road on Bainbridge Island, Washington. We understand that you intend to subdivide your property into six tax parcels. The purpose of our work is to provide a geotechnical assessment of the site slope, provide slope setback recommendations, and generally recommend measures to help mitigate risks to site slope stability from proposed site development activities. Our work was conducted in general accordance with our letter of agreement dated July 15, 1999, and included review of site refefence mapping, review of preliminary short plat plans, discussions with you, a site visit, reconnaissance of the site slope, and preparation of this letter report. SITE AND PROJECT DESCRIPTION The site is approximately 4-1/2 acres in size with, approximately 618 feet of road frontage immediately south of NE Lofgren Road on Bainbridge Island, Washington. The general . configuration of the property is shown on the Site and Exploration Plan, Figure 1. The acreage is rectangular in shape with the principle axis oriented east to west and is situated in an area that slopes gently down to the, north toward the head of Murden Cove. Site topography is dominated by'a ravine that has a north trending gradient which bisects the site in the central portion of the property. A single family residence is located in the eastern portion of . the property with a detached garage structure and associated clearing in the area of the residence. The remainder of the site is generally undeveloped and wooded. Based on preliminary site plans provided to our office, we understand that the site development proposal includes subdivision of the property into six tax parcels as shown on the Site and Exploration Plan, Figure 1. Three lots comprise the western third of the property (Lots 1 through 3). These lots are rectangular in shape and are oriented sequentially from north to south,, with a -uniform lot size of 0.49 acres. Three lots comprise the eastern third of the property (Lots 4 through 6). The east lots are also rectangular in shape and oriented sequentially. from north to south, but vary slightly in size. Lots 4 and 5 are 0.54 acres in size, the southernmost lot (Lot 6) is 0.37 acres in, size. An. existing residence is located within the proposed Lot 5. The central third of the property is designated as an open space tract and roughly delineates the east -west boundaries of the ravine and associated ravine slopes. We understand that a utility easement is planned within the open space tract for a proposed community well (See Figure 1): Based on documentation you provided to our office, we understand that the City of Bainbridge Island, in accordance with the Bainbridge Island Critical Areas Ordinance (CAO), has requested a geotechnical assessment that evaluates general site slope stability, provides site development recommendations, and specifically addresses building setback recommendations and slope stability as it pertains to the pr( -----1 1_L_ ..L_ easement. ATTACHMENT D t Olson 99792-5 October 20, 1999 page 2 of 7 SOIL AND GEOLOGY Reference mapping of the, area was reviewed and included geologic mapping (U.S. Geological Service, Geology and Groundwater Resources of Kitsap County, Washington, 1956), soil mapping (U.S. Department of Agriculture Soil Conservation Service, Soil Survey'of Kitsap County Area, Washington, 1980), and coastal zone mapping (State of Washington Department of Ecology Coastal Zone .Atlas, Volume 10, Kitsap County, June 1979). Geologic mapping indicates the site and local area are underlain by glacial,till deposits. Glacial till is a mixture ' of gravel, sand, silt, and clay that has been deposited by glacial processes. Till deposits are typically overridden by glacial ice, resulting in a dense soil condition.. Soil mapping indicates that the site is mantled by a surface soil horizon derived from, the weathering of the underlying glacial till., Coastal zone mapping describes the site and local area as "stable" with regard to slope stability. Soil mapping indicates the ravine slopes have a high erosion hazard due to the steep grades. SLOPE RECONNAISSANCE The property was evaluated by conducting a reconnaissance of the site and observing site and ravine slope conditions on- August 24, 1999. Our investigation was based on information received through conversations with you and on preliminary .site plans provided to our office. Site specific topographic survey information of the property was not available at the time of our investigation. General Site Conditions The site slopes gently down from the south property line to the north toward the east -west trending NE Lofgren Road. Site slope angles vary along the gentle northward slope, but generally range from approximately 5 -to 15 degrees. The 618 feet' of roadway frontage on NE Lofgren Road delineates the northern boundary of the site. 'The western third of the site is undeveloped, forested, landwith moderate to .dense vegetative cover. Established and mature Douglas fir and deciduous trees dominate the canopy, with sword ferns, woody shrubs, and herbaceous groundcover"comprising the understory. A small clearing was observed along with evidence of an overgrown narrow road, indicating tbat past logging activities likely occurred on this portion of the site. We understand that a 40 -foot easement for a future extension of Hemlock Street NE borders the west property line. The eastern third of the site has a gentle westward slope component toward ,the ravine and is dominated by the existing residence and associated site modifications'. The area around the residence is generally cleared of trees and maintained as turf -grass and garden space areas. An existing one -lane gravel road (identified on the plat survey' as Fir Street NE) enters the site at the northeast corner of the property and extends south, providing access to the site residence and an adjacent residence south of the property. The.area surrounding the residence clearing is forested, similar to that described for the western third of the site. The central third of the property is proposed as undeveloped open space andgenerally contains: the ravine and associated ravine slopes. The• ravine appears to originate south of the site, with the axis gradient trending northeast and then north through the central portion of the property. The ravine deepens northward and broadens slightly, descending approximately 40 to 50 feet in elevation from the south property line to the north property line. At the north end of the site, the constructed embankment for NE Lofgren Road spans the ravine reaching a heighi of approximately 20 feet at the ravine axis. Myers Biodynamics, Inc. Olson 99792-5 October 20, 1999 page 3 of 7 The ravine slope crests flanking. the ravine floor vary in direction locally, but generally parallel the ravine axis. The ravine slope varies in height and angle. At the south end of the ' site where the ravine trends northeast, slope angles are more 'moderate' and generally range from 20 to 30 degrees with a maximum slope height of approximately 354eet.- Steeper slopes were observed in the area where the ravine axis changes to a more. northerly direction, with slope angles of approximately 45 degrees and slope heights increasing. to approximately 40 feet. Slopes.flanking the ravine at the north end of the site reach approximately, 50 feet in height, with slope angles of 40 degrees or less.. The ravine is moderate to densely vegetated, with established Douglas fir and deciduous trees and an understory that generally increases i n density from south to north along the ravine axis. ' Several .trees within the'ravine were observed to be slightly tilted or exhibited slightly bowed trunks and a few trees were uprooted near the ravine floor. These deformed trees were generally noted on the Steepest slope areas in the central portion of the ravine and site. Groundwater was observed daylighting as a spring and associated surface water flow along the ravine stream channel in the central portion of the site. Based on information provided to our office, we understand that the spring within the site ravine currently provides the water supply for the existing residence. A pump house and associated plumbing were observed in the ravine floor near the spring in the central portion of the site. North of the pump house, water was observed flowing along the ravine floor within a,narrow, slope -constrained channel. 'Site observations indicated surface water flows north along the stream channel in, the base of the ravine and is channeled off-site via a culvert through the roadway embankment at the north end of the site ravine. {south of the pump house no daylighting groundwater or surface water drainage was observed in the ravine: No other surface water drainage was observed on the site or ravine sjopes at the time of our investigation. In addition, no evidence indicating significant surface water drainage -related erosion was observed on the site- or ravine slopes. M Subsurface soil conditions were investigated by observing existing site soil exposures and by advancing two hand -auger explorations at the approximate locations presented .on the Site and Exploration Plan, Figure 1. Site soils observed were characterized, by ,topsoil over medium dense, slightly gravelly very silty sand over dense to very dense, slightly gravelly slightly silty to silty sand. Composition of the observed soil was generally consistent with reference mapping interpretations of the area indicating glacial till and till -derived surface soil. Several localized soil exposures were also observed along the site ravine axis. The exposures were alpproximately 2 to 3 feet in height and appeared to be the result of minor erosion and scour along the narrow stream channel transmitting surface water along the ravine floor. Ravine stream channel soil exposures consisted of dense to very dense, gravelly slightly silty sand. SLOPE EVALUATION It is our opinion that the existing site and ravine slopes present a low risk for future instability and landsliding under static conditions. This opinion is based on the generally moderate site slope angles, established vegetation, and the very dense glacial till soil comprising the slopes. No apparent evidence of recent or historic landsliding was observed on. the site slopes. Thisis consistent with coastal zone mapping interpretations of the area which describe the site and local area as "stable" with regard to slope stability. In addition, no evidence of significant surface water drainage was observed on the site or ravine slopes. However, observations indicate areas of the ravine slope may be under the influence of "soil creep" (the process of Myers'Biodynamics, Inc. Olson -99792-5. October 20, .1999 page 4 of 7 slow downslope movement of shallow slope. soils). Several slightly tilted trees and bowed tree trunks observed within the ravine may be evidence of this process. The minor erosion features and scour observed along the ravine stream channel may indicate. slope toe erosion from seasonal wet weather, storm events, or periodic increased spring 'discharge. Elsewhere on the slope, no indication of soil erosion was observed. In general, it appears that the existing vegetation and surface soil conditions on the site ravine slopes adequately dissipate surface water flows and mitigate potential slope soil erosion. In our opinion, the proposed site development can occur without adverse impact to slope stability provided that adequate earthwork, drainage/erosion control, and site vegetationmanagement are incorporated into site development and construction practices. The General Site Development Recommendations section of.ts letter report presents ravine .$lope setback recommendations and general earthwork, drainage/erosion control, and vegetation recommendations for proposed site development plans. In addition, recommendations for the proposed well and utility easement are presented to help mitigate impacts to slope stability. GENERAL SITE DEVELOPMENT RECOMMENDATIONS The following discussion addresses general site slope development issues with respect to the development of single family residences on the proposed lots. These recommendations are based on conversations with you and preliminary plans provided to our office titled "Olson Preliminary Plat" surveyed by Adam and Goldsworthy, Inc., dated April 5, 1999 (refer to Figure 1). Based on our site observations, the subject slope area shows no indication of recent instability, landsliding, or significant erosion. In addition, moderate slope angles, established vegetation, and very dense glacial till slope soils indicate that significant future landsliding is unlikely on the subject slopes assuming existing undisturbed slope conditions. At the time of our investigation, survey markers identifying lot corners were- not observed on the site.. Based on field measurements, it appears that the ravine slope crest is generally within the area designated as an open space tract, but may locally coincide with or extend' onto the proposed lots. Based on our observations and the preceding evaluation, the standard setback buffer of 50 feet required under the City of Bainbridge .Island CAO can be reduced. We recommend a U minimum setback distance of 25 feet from the existing slope crest to provide a suitable factor of safety for future residences and other associated features on'each of the six proposed lots. At the time of our investigation, survey markers identifying the location of the proposed community well and associated utility easement were not observed on the site. Based on approximate field measurements, the proposed shared well is located near the crest ofthe ravine slope above a steep (40.to 45 degree) section of the ravine slope. In our opinion, the proposed shared well should also be located at least 10 feet from the ravine slope crest to provide_ a suitable long-term factor of safety for the well and to reduce potential slope impacts associated with well installation. In addition, we recommend . that the proposed utility easements be routed to maintain a minimum setback distance of 10 feet from the crest. of the ravine slope where it parallels the axis of the ravine. We also recommend that the utility' .easement cross the ravine in the area of modest ravine slope height and angle, which based on site observations, is located in the extreme southern portion of the site and proposed open space tract. In our opinion, the recommended utility easement alignment reduces slope soil and . vegetation disturbance axed .will not adversely impact ravine slope stability. This is predicated on the assumption that the well location and utility easement excavation will be Myers Biodynamics, Inc. Olson 99792,5 October 20, 1999 page 5 of 7 protected from erosion and revegetated immediately following construction as recommended below. Vegetation As stated previously, it appears -that existing vegetation and surface soil conditions on the site slope adequately dissipate surface I water flows and mitigate potential slope soil erosion. A significant, factor associated with site development and slope destabilization 'is vegetation removal and clearing. Vegetation plays, a key role in maintaining slope stability where a relatively loose soil horizon overlies denser soil conditions as is the case at this site. Slope instability can be initiated within the loose soil horizon; particularly when areas of the slope are disturbed or where vegetation has been removed. We recommend that. vegetation be maintained on the ravine slopes and within the 25 foot slope creat setbacks. Lot view corridors. could be accommodated by limbing and trimming tree$ and vegetation rather than clearing. Mature vegetation can provide an extensive' root network which can structurally reinforce shallow slope soils and -increase shallow slope soil stability. Within the proposed well and utility easement, we recommend trenching be backfilled as soon as possible after utility installation and. that disturbed or denuded site soils be protected from, erosion throughout the construction process. After trench backfilling; 'disturbed soils and denuded areas should be immediately protected from erosion by mulching and seeding, or hydroseeding the area. If localized erosion occurs, the area should be immediately repaired and protected from .further erosion. Although no evidence of surface water flow was noted in the base of the ravine at the south end of the site, we recommend erosion control measures be incorporated at the base of the ravine at the utility trench crossing to reduce erosion and the potential for. sediment transport downstream and off the site. We anticipate conventional erosion control techniques such as hay bales, silt fencing, and/or quarry spall berms/blankets will provide adequate erosion control for the site and ravine. OTHER GENERAL CONSIDERArnONS Other measures can be taken to help reduce the impact of site development on slope stability. Many of these issues require monitoring and maintenance by future residence owners on each of the proposed lots. The following recommendations and considerations presented below should be incorporated into long-term management and development of the property. We recommend that the following educational and maintenance information be provided to prospective future property/residence owners. = Because the location of each proposed lot is, adjacent to a ravine slope, a coordinated site drainage -plan should be provided for site development. Care should be taken to mitigate the concentration and velocity of multiple lot drainages within the ravine to avoid accelerating erosion at the toe of the ravine slope and channel scour while minimizing impacts to down -gradient properties. We recommend site development maintain pre -development site drainage conditions particularly with respect to ravine drainagetsurface water flows. • Route all future site drainage discharges such as roof downspouts, foundation drains, driveway drainage, and other site drainage features that can be identified intostormwater infiltration/dissipation. systems away from the ravine slope crest and outside the recommended 25 foot buffer. Myers Biodynamics, Inc. U Olson 99792-5 October 20, 1999 page 6 of 7 • Perform regular maintenance of on-site drainage systems. Clean out all catchbasins, " downspouts, and other drainage features to ensure that discharge flows are unimpeded. Also, check the performance of drainage, features. IThis can be simply accomplished by utilizing 'a garden hose (during dry weather) to introduce water into each of the site,catchbasins, downspouts, etc. and checking ' discharge pipes for similar flow volumes. As a minimum, we recommend maintenance and performance monitoring be performed annually, prior to the wet weather season. • Incorporate water saving measures (low flush toilets, water restrictors, etc.) to reduce water usage and subsequent flow of wastewater into site wastewater treatment systems. This will reduce the amount of water introduced into site septic systems and surrounding soils which could impact slope stability and/or site erosion during wet weather periods. Maintain on-site wastewater treatment, systema outside of the recommended 25 foot slope crest setback. • If futdre tree disease or windfall risks are of concern, obtain the services of a qualified arborist to' determine tree health and condition. If tree removal is required within the _ ravine or along the 25 foot ravine slope crest setback, aggressively replant the tree removal area with trees and/or deep-rooted shrubs_ to replace the long-term tree root reinforcement. • Never stock pile materials, equipment, or other heavy items on the face of or on the top of the ravine slope. • Do not regularly dispose of yard debris, vegetation, or other natural or man-made materials onto the slope. These materials can accumulate over time and create an unstable mass on the slope which is subject to landsliding., • The enclosed homeowner manuals can provide you with some additional general information and guidance for vegetation management, slope revegetation, and drainage control. The manuals are: Slope Stabilization and Erosion Control Using Vegetation; Vegetation Management A Guide for Puget Sound Bluff Property Owners; and Surface Water and Groundwater on Coastal Bluffs: A Guide for Puget Sound Property Owners which are published by the Washington State Department of, Eeology, Shorelands d Coastal Management Program in Olympia, Washington. For additional iranual copies, contact the Shorelands and Coastal Management Program directly at (360) 407-7472. Myers Biodynamics, Inc. Olson 99792-5 October 20, 1999 page 7 d7 If FlIZOWT This letter report was prepared for the exclusive use of Mr. Mike Olson for specific application to the, propertyidentified herein. The conclusions and interpretations within this letter report should not be construed as.a warranty of subsurface conditions. Within the limitsof scope, schedule, and budget the evaluation and recommendations - presented in this letter report were prepared .in general accordance with accepted professional geotechnical engineering principles and practices in the area at the time this letter report was prepared. No other warranty, whether expressed or. implied, 'is made. The evaluation presented herein was based on our observations of the subject property at the time of our. site visits. If there is a substantial lapse of time, conditions have changed at the site, or if conditions appear different from those described in this letter report, we should be contacted and retained to review the changed conditions. The purpose of. the review is to determine the applicability of the considerations and recommendations presented in this letter report considering the time lapse and/or changed conditions. , We appreciate the opportunity to provide you. with professional engineering services. If you have any questions regarding the evaluation and'recommendations presented herein or we may be of,further assistance, please contact our office at your convenience. ' Sincerely Yours, MYERS BIODYNAMICS, INC. Paul H. hastens Project Geologist JNM:saf Jane N. Myers ,Principal Geotechnical Engineer' EXPIRES 6-w/ Attachment: Site and Exploration Plan (Figure 1) Enclosures: Washington State Department of Ecology Publications: • Slope Stabilization and Erosion Control Using Vegetation • Vegetation Management. A Guide for Puget Sound Bluff Property Owners •. Surface Water and Groundwater on Coastal Bluffs: A Guide for Puget Sound Property Owners . Myers Biodynamics, Inc. ,1 t-. seat zri I ee a zlr- - - ktg- p Y 13 ,fjoalO N! I til b J i� .o, ml oz•sot �; 'WrIot f ; M � J �I. j j u�i it '�• I �a� 1 I i g5� SQL •$ o� *$ »� i�$ '� ui �a I ' 0 17. .otsoe .,,Vol -` — — lYrt 7— to. ia Fo N �, �h Y11aaaI'S' ;�00y-1lcag LI a N e 2` '99T961 _ i in a m L co Q. ,G Q E � Q. C Cl O� ao cca •o � a � Q M W� 0 P z W W J C� C m i smio 14 To: LEGAL NOTICES Publication Date: APRIL 17, 2(k . NOTICE OF APPLICATION FOR OLSON SUBDIVISION, SUB09800 City of Bainbridge Island has received the following land use application: Date: April 17, 2002 Applicant: Mike Olson Owner: Estate of Otto Olson Permit Request: Olson Subdivision (fn: SUB 09800) Description of Proposal: To subdivide a four and one half acre parcel into six lots. In accordance with the property's Residential 2 (R-2) zoning, 40 - percent of the site will be designated as open space. Location of Proposal: The property is located at 9955 NE Lofgren Road. On the south side of NE Lofgren Road between Fir Street and Hemlock Street. Lot 46 Section 23, Township 25 North, Range 2 East, WM (TA#: 4169 000 046 0005) Date of Application: March 14, 2002 Complete Application: April 10, 2002 Environmental Review: This project is not exempt from State Environmental Policy Act (SEPA) review under WAC 197-11-800. Comment Period: Any person may comment on the proposed application, request notice of and participate in a public hearing, if any, request a copy of any decision or appeal any decision. The city will not act on the application for 14 days from the days of this notice. Comments must be submitted no later than 4:00 p.m. on May 1, 2002. If you have any questions concerning this application, contact: Richard Freeman, Planner Department of Planning & Community Development 280 Madison Avenue North Bainbridge Island, WA 98110 (206) 842-2552 Fax: (206) 780-0955 0OI-01 00I-00 Email: dcd@ci.bainbridge-isl.wa us °°` °° LOFGREN ROA[ SUBJECT PROPERTY � I%/� 016-00 0�6-oJ T n 045-00 07 \m M 0,.-00011-07 011 -QJ I 045-07 034-0r OJJ-07 OJ7-0 0J5-01 OJ6-00 OJ6-01 1 J6-07 0J7-07 OJ7-08 I OJ7-06I ,o ATTACHMENT E iso 1-1 �IRI7�0000'�ayMrgf!J�•JR•AR1[rF.•f.W].•S•IiS.O.L:A*h<tTA:tTJ'TwriT.t'::J.T.t�.;f[r�i�tSrt,.tvrtgr,.r.�tet4S•;r.r.�t+,.�;ti•].t[:Ct;•T...T.TiC?iCt�trtKS.>hR•J[.S��.Fi4tRVCt�t4JWC?i W. ^N.S•iWh4.W.ROWixO.+. t- ��L�KtKW tttrTNWC,WW000RC90WiJC'F'Rt} .,ichard Freeman -'bison Subdivision 18 09800 ... ...............��•.•••��•�"ywry�.'1.Y8 ifl::dtv'•Y.Y.Y.Y.YfLJI.Y.:YY.'1•'L.:S:tY.Yf: _:L•:i.1::.Yli•Y.Y�Y:i•Y.YrY.Y.Y.i'.Y:i.Y•Y::.Y.Y.i:L.Y.Y.Y•Y.Y.Y.YJi•.YrYrY•atY iJL•1.Y:..Y.•: �rSriYif.'•LJVYr a�.� u'2!� tNa'Ji'.irYM1tiLtY4Y1.Yi1AILlNAY10[XMYMS'.Y X1'4{ Ml From: <Paul.Hausmann@erm.com> To: cobi_dom. Main(Rfreeman,DCD,Melva) Date: Wed, May 1, 2002 2:31 PM Subject: Olson Subdivision SUB 09800 I have reviewed the files for the above reference subdivision and have the following comments that should be considered with respect to the Olson property (the subject property). With respect to the construction of the five new residences the following should be considered: Trees (snags) at the southern comer of the subject property are used as roosts for bald eagles during the winter and spring. As you may be aware, bald eagles prefer snags on northeast facing slopes as roosts. The subject property is notable habitat for pileated woodpeckers and tree frogs. The ravine running through the subject property is an intermittently flowing stream that supports wetland vegetation. The stream in the ravine is a tributary of Murden Cove. The installation of a single well on the subject property to serve 6 residences will deplete the shallow aquifer. The shallow aquifer supplies both nearby residences and supports a base flow to the ravine stream and an existing spring used by the Olson's. Impacts associated with pumping that will occur when this well is used and de -watering of the aquifer should be evaluated. The project should not detrimentally affect continued use and enjoyment of the shallow aquifer by local residents who have established water rights. In the event that the shallow aquifer is de=watered by the project, alternative sources of drinking water should be evaluated by the subject property owner to ensure that water remains available for local residents. With respect to the improvements to Hemlock Avenue, the following should be considered: A 60% increase in traffic on Hemlock Avenue is expected to occur as a result of an approved subdivision and access to the subject property from Lofgren Road should be considered. The improvement of the road surface and the widening of Hemlock Avenue beyond 12 feet will facilitate vehicles traveling at excessive speeds. Any improvement in the surface or widening of Hemlock Avenue must be coupled with traffic calming measures that reduce the rate of speed down this steeply -sloped road. Six children under the age of 10 occupy houses on Hemlock Avenue. The safety of these children should be considered in the context of road improvements. Storm water runoff from Hemlock Avenue should be evaluated in the context of erosion of the existing terrain. Improvements to the road will result in hundreds of thousands of gallons of runoff annually that will be redirected from the current infiltration system. The runoff must be managed in a manner that reduces erosion and ensures the quality of downstream discharge points. vUtAR #..t!% CITY OF BAINURID�E�IS�LAND MAY 2002 DEPT. OFPLANNING & COMMUNITY DEVELOPMENT ATTACHMENT F inn.:.:?...,.r..�.�w...:.:...;.�:;.<.t..:..�..:.;::v.=.:c•.:.:.:.;.•�..:..r...�...,.;...:.:..r...:c:-.oa..;;v...:.o:.��.,.,:...o:v.:.:....,..:..t.t..;.�..s:.....;..v..:.o...,;....r.�..;;.:..,.,:.,•ac:v,.,•x•�.�..m: a.�.vfinvfif..ai:tsww.a r.�us ard Freeman Olson Subdivision 113 09800 ,plipillL.YJLKL'::•S.i•:t......�.........uuri•.........•...•...•.......•..... :'u..�.........�........a.. u.. ... �..... . .�..�..........�....L......L. L.'L4VL.m[.Y.u'dtftlh'XLIb'IdNtdMtOfdt•1MtM L"a•' The current width of Hemlock Avenue has facilitated timely fire and police emergency response during past emergency calls to Hemlock Avenue. Widening of the road beyond 12 feet would do little to improve emergency service response times to Hemlock Avenue. Responsibility for the ongoing maintenance of Hemlock Avenue should be delineated during the subdivision approval process. Thank you for your attention to these issues and your consideration of my comments. Paul E. Hausmann 206-842-9332 CC: cobi_dom.GW1A("taraph®pobox.com", "stephen.wilsonec... .,L) - Olson Subdivision SUB09800 _ _.... Pae 1 From: <Paul.Hausmann @erm.com> To: cobi_dom.Main(DCD) Date: Thu, Apr 18, 2002 11:54 AM Subject: Olson Subdivision SUB09800 Richard, I received a notice in the mail yesterday about the proposed Olson subdivision and an interested in meeting with you to discuss the subdivision, review the plans, and to provide comments. Please reply and let me know when you are available for a meeting. My preference is to meet Tuesday the 23rd. Regards, Paul E. Hausmann 206-780-2303 CITY OF BAINBRIDGE ISLAND APR �19 002 -10 DEPT. OF PLANNING & COMMUNITY DEVELOPMENT Thomas Bonsell, Planner Department of Planning & Community Development 280 Madison Ave. No. Bainbridge Island, WA 98110 Dear Mr. Bonsell: �lhcr� FiUr (�c1F�c�� 9651 Green Spot Place NE Bainbridge Island, WA 98110 April 27, 2004 oily OF BA7AP 1?2 E ISLAND 9 2004 DEPT. OF LPA NG Subject: MichAMNO DEVELOPMENro Reasonable Use Exemption Application I wish to thank you for furnishing me with a copy of the Notice of Application for the above referenced project. Since my family's_ property is in close proximity to Mr. Olson's property, I would like to share my comments and concerns about his proposal: 1. It is my understanding that protection of streams is a high priority in this state. If it isn't a high priority with the city, it certainly should be and not only on paper but in actual practice. 2. This proposal would allow construction of a waterline across the seasonal stream flowing through the Olson property when there is a feasible, although more expensive, alternate route which has city approval. The stream, which flows north, ultimately crosses my family's waterfront property before it reaches Murden Cove. This section of the cove is classified as Conservancy and our property is protected by a conserv- ation easement administered by the Bainbridge Island Land Trust, 3. In the decision document covering Mr. Olson's appeal of some of the conditions attached to his proposed sub- division, Hearing Examiner Robin Baker stated on page 7: "There is no evidence in the record which proves the applicant would be deprived of reasonable use of his property if he is not allowed to place his proposed waterline across this regulated stream bed and stream buffer area". 4. Since the Hearing Examiner found that there was no justification for an R.U.E. and since there is too much risk of damage to the stream bed during construction of a waterline and afterwards, I request that Mr. Olson's application for an R.U.E. be denied. Sincerely, VA N C_- r-- To: LEGAL NOTICES Publication Date: August 14, 2004 C., aaevl ,12 o 9,90 o '4 ffi�- y 01P WITHDRAWAL AND RE ISSUANCE OF MITIGATED DETERMINATION OF NONSIGNIFICANCE (MDNS) The MDNS issued on April 16, 2004 for the Otto Olson six lot subdivision, file number SUB09800, is being withdrawn and being re -issued to reflect the Hearing Examiner amended mitigation measures and to expand it's application to a related Reasonable Use Exception (RUE) request. The RUE, file number RUE09800, facilitates the crossing of a Class IV stream with a waterline. The City of Bainbridge Island has received the following land use application: Applicant: Michael Olson, Executor Permit Request: Otto Olson Subdivision (SUB09800) and Otto Olson Reasonable Use Exception (RUE09800) Description of Proposal: Request to subdivide 4.50 acres into six lots on a parcel that contains a geologically hazardous area and to cross a Class IV intermittent stream with a waterline. Location of Proposal: 9955 Lofgren Road. Tax Parcel Number 4169-000-0046-0005. SEPA Decision: The City of Bainbridge Island (lead agency) has determined that the proposal does not have a probable significant impact on the environment if measures to mitigate the proposal are used. This DNS is issued under WAC 197-11-340 (2) & WAC 197-11-350. This determination was made and mitigation measures were applied after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public upon request. An environmental impact statement (EIS) is not required under RCW 43.21 C.030 (2) c. The lead agency will not act on this proposal for 14 days. Comments must be submitted by no later than 4:00 p.m. on August 30, 2004. Responsible Official: Larry K. Frazier AICP, Director, Department of Planning & Community Development Address: City of Bainbridge Island 280 Madison Avenue North Bainbridge Island, WA 98110, (206) 842 - 2552 =::� J9,�L -- /lplo I Larry K. Frazier AICP, i for of Planning and Community Date Development APPEAL: You may appeal this determination by filing a written appeal and paying the 5500.00 filing fee to the City Clerk, at 280 Madison Avenue North, Bainbridge Island, WA 98110, in accordance with the procedures set forth in the Bainbridge Island Municipal Code, Section 16.04.170 by no later than 4:00 p.m. on September 7, 2004. You should be prepared to make specific factual objections. ATTACHMENT G TO: LE Publication DNOTICES ate: A,._, 2003 NOT jCE OF MITIG ATED DETERMINATION The City of Banbridge Is12n d has received the A TIQN OF N�NSI Applicant: a follo wing land use GNIFIC'ANCE (�NS) Owner: Michael Permit Re Olson application: DeScri Request: The Estat ption of proposal: Location of 'Proposal: SE -PA Decision; Otto Olso a of Otto Olson Otto n Subdivision Olson Subdivision, (File No. S 4.5 acres into 61ots. The File No 09800) stream unnedT e 4.5 -acre and GeologicalProPerty is R_ a request to sub site is on the ohazardous slopes. 2 and contains a Class improved Hemlock Street side of xm- L The City of B NE. (TA: 4169 ofgren road not have a ainbridge Island 000_046_0005)ween Fir Street NE probable (lead � the proposal are significant i agency) has det 197-11-350. used. his D 'nPact on the environ�ined 'hat the pro after r This dete NS is issued undue W nt ifrneas Proposal does WI th the ew a cOmPle ed envi �,as made and AC 197-11-34 mitigate lead enviro mitigation () & W environmental gmncy. This info as checklist measures 2 AC The lead a Pact state 17nation is available and Other i were applied gency will Ment (EIS) nformation o Responsible submitted b ) is not require to the public u n file Oficial: Y no later thaact on this proposal d under RCW Pon request. An n 4:00 p.m. Proposal for 14 43.21 C 030 Address: I-Yiin NOrdbY, Acting� 200 nays. Comments (2) c. Department ofPla Director, st be City ofBainb ri 280 Madison Noge Island COnimunity DeveloPme Bainbrid rth nt ge Island, WA 98110 (206) 842 _ 255 APPEAL: Signature: 2 You q Clerk, t 28 peal this deterrrJj o set,o 0 Madison Ave ation by i'ng a Date: rth in Bainbrid nue 14,20 03, the ge IslanJv, Baing a 4'ritten appeal and If you have an YOu should be prepared to icipal Code Island, WA 98 P 0 Ing thea Priate Tho 3'questionm , ection in acc ppro fee to Inas Bonse s concer ake specific 16.04.170 b ordance with the City ❑, Planner Hing this factua► objections.Y no later the procedures Department ofPla application n 4:0t tha 280 Madison Avenue & Commu , contact:-----1p•m• on May Bainbridge Island W North nity Develo Pment i,' 00,01 `206) 842-2552 A 9811000 t 0 J! _ p , ,ax (206 � ' 000.00 \s 80-0955 mail:- dcd .bainb N� oFCRtN —ci nd ole. nn Nf W 2 (01, 0,0, O " 0J7 04q -OJ 1 2 033 01 ATTAC, - 0lq.0� c If you have any questions concerning this application, contact: Thomas A. Bonsell, Planner Department of Planning & Community Development 280 Madison Avenue North Bainbridge Island, WA 98110 (206) 842-2552 Fax: (206) 780-0955 Email: pcd@ci.bainbridge-isl.wa.us Vicinity Map: LOFGREN R SUBJECT PROPERTY z �4'I ops -e. e.s-oo --- 7� Mitigation Measures for the Otto Olson Subdivision (File Number SUB09800) and Otto Olson Reasonable Use Exception (File Number RUE09800) The following mitigation measures are imposed to reduce probable adverse environmental impacts that may be generated by the proposal. Mitigation measures become conditions of approval for the subdivision. Prior to any clearing, grading or construction activities and prior to final plat approval, the applicant shall obtain a plat utilities permit from the Department of Planning and Community Development. The plat utilities permit shall include a Temporary Erosion and Sedimentation Control Plan. 2. All excavated material shall be re -used on-site. If the material is found to be unsuitable for on-site use, it shall be disposed of at an appropriate disposal site. 3. To mitigate air quality impacts during grading, contractors shall conform to Puget Sound Clean Air Agency Regulations that insure that reasonable precautions are taken to avoid dust emissions. 4. To mitigate air quality impacts during clearing activities, cleared vegetation must be removed from the site and/or processed by chipper or some other method of disposal that does not require burning. 5. Complete storm water drainage plans designed in accordance with the Washington State Department of Ecology Technical Manual shall be submitted and approved by the City Engineer as part of the plat utilities permit. 6. To mitigate potential off-site glare, any street lighting within the subdivision shall be hooded, shielded, and have a maximum height of 12 feet from finished grade and shall adhere to BIMC 15.34. 7. All conditions and recommendations set forth in the geotechnical report prepared by Meyers Biodynamics, dated October 20, 1999 shall be followed to the satisfaction of the Public Works Department. 8. All conditions of the Mitigation Plan prepared by Meyers Biodynamics and dated July 29, 2004 shall be followed without exception. Mitigation Measures for the Otto Olson Subdivision (File Number SUB09800) The following mitigation measures are imposed to reduce probable adverse environmental impacts that may be generated by the proposal. Mitigation measures become conditions of approval for the subdivision. 1. Prior to any clearing, grading or construction activities and prior to final plat approval, the applicant shall obtain a plat utilities permit from the Department of Planning and Community Development. The plat utilities permit shall include a Temporary Erosion and Sedimentation Control Plan. 2. All excavated material shall be re -used on-site. If the material is found to be unsuitable for on-site use, it shall be disposed of at an appropriate disposal site. 3. To mitigate air quality impacts during grading, contractors shall conform to Puget Sound Clean Air Agency Regulations that insure that reasonable precautions are taken to avoid dust emissions. 4. To mitigate air quality impacts during clearing activities, cleared vegetation must be removed from the site and/or processed by chipper or some other method of disposal that does not require burning. 5. Complete storm water drainage plans designed in accordance with the Washington State Department of Ecology Technical Manual shall be submitted and approved by the City Engineer as part of the plat utilities permit. 6. In order to supply water from the proposed well site to lots 4, 5 and 6 on the opposite side of the ravine, the water transport line will not be permitted to cross the ravine and Class IV stream, either above or below the surface. Rather, the water transport line must be placed in the right of way for NE Lofgren Road. As an alternative, a second well, located on the same side of the ravine as lots 4, 5 and 6, may be drilled with Health District approval. The proposed well(s) and well access easements will not be allowed within the stream buffer. 7. In order to provide adequate access to the subdivision, the applicant is required to improve and develop Hemlock Street NE to City of Bainbridge Island, optional suburban standards. Improvements shall begin at NE Lofgren Road and continue to the south property line. All improvements shall be approved by the Department of Public Works. g. To mitigate potential off-site glare, any street finished re g wiin the subdivision shall be grade and shall adhere to BIMC 15.34.ed, shielded, and have a maximum height of 12 feet from 9. All conditions and recommendations set forth in the geotechnical report prepared by Meyers Biodynamics, dated October 20, 1999 shall be followed to the satisfaction of the Public Works Department. 2 vLJcn/ j,'3 gyd'aa 7. 2t ! 14 C`� .. —s JL 2m3 MAY 14 P14 2* 59 o1- a.��ay �t %-L�r,c%'CxOL(.%%��1�. \W t+ 4fta. is M -r\ G,�I)d A".k CN vCa=l_ uvff) 11�1r_ BEFORE THE CITY OF BAINBRIDGE ISLAND HEARING EXAMINER ESTATE OF OTTO OLSON, MICHAEL OLSON, REPRESENTATIVE, NO. Appellants, APPEAL OF CERTAIN TERMS v ) AND CONDITIONS OF MITIGATED DETERMINATION CITY OF BAINBRIDGE ISLAND, acting OF NON -SIGNIFICANCE through its State Environmental Policy Act ) (SEPA) Responsible Official, ) Respondents. ) Appellants Estate of Otto Olson, Michael Olson, Representative, pursuant to City of Bainbridge Island Municipal Code, Section 16.04.170, hereby appeal to the Office of Hearing Examiner Condition Nos. 6 and 7 in the Mitigated Determination of Non -Significance ("MDNS") issued by Lynn Nordby, State Environmental Policy Act Responsible Official and (Acting) Director of the City of Bainbridge Island Department of Planning and Community Development on April 16, 2003, in connection with their application for a short plat approval, File No. SUB 09800. I. NAME AND IDENTITY OF APPELLANTS 1.1 The Estate of Otto Olson, Michael Olson, Representative, are owners/applicants for a short plat approval of property located in the City of Bainbridge Island. Mr. Olson's address is P.O. Box 98, Hadlock, Washington 98339, telephone (360)509-7714. APPEAL OF CERTAIN TERMS AND CONDITIONS ATTACHMENT H MITIGATED DETERMINATION OF -f IQN 1��IVGE SEA 1360090vl 58978-1 O I 'v +�j, L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1.2 Mr. Olson's engineering consultant is Browne Engineering, Inc., Tom Herriott, P.E., 147 Finch Place Southwest, Suite 4, Bainbridge Island, Washington 98110, telephone (206) 842-0605, facsimile (206) 780-9322. 1.3 Appellants' legal representative in this matter is Davis Wright Tremaine LLP, Dennis D. Reynolds, 1501 Fourth Avenue, Suite 2600, Seattle, Washington 98101-1688; telephone (206) 903-3967, facsimile (206) 628-7699. 1.4 Appellants are aggrieved parties with standing to seek review to contest certain terms and conditions of the decision specified below. Appellants are prejudiced or likely to be prejudiced by the actions specified below if no relief is granted. A decision in favor of the Appellants will substantially eliminate or redress the prejudice that the decision has caused, or likely will cause them, for which review and relief is requested. II. DECISION APPEALED 2.1 The Appellants appeal the MDNS, dated April 16, 2003, by the (Acting) Director of the Bainbridge Island Department of Planning and Community Development ("Director"), as Responsible Official pursuant to the State Environmental Policy Act ("SEPA"), and certain mitigating conditions contained therein. A true and correct copy of the decision for which review is sought is annexed hereto to this appeal as Exhibit A, by reference made part hereof III. RELEVANT FACTS 3.1 The subject property is located within the City of Bainbridge Island on the south side of Lofgren Road, between Fir Street NE and unimproved Hemlock Street NE. The tax parcel number of the subject property is 04169-000-046-0005. 3.2 The property is zoned R-2 and ostensibly contains a Class IV stream and geologically hazardous slopes. The property is approximately 4.5 acres in size. 3.3 The owners/applicants request to subdivide the property into six (6) lots. 3.4 The plat application was filed March 14, 2002. APPEAL OF CERTAIN TERMS AND CONDITIONS Davis Wright Tremaine LLP MITIGATED DETERMINATION OF NON-SIGNFICANCE - 2 LAW OFFICES SEA 1360090v1 58978-1 2600 Century Square • ISoI Fourth Avenue Seattle, Washington 98101.1688 (206) 622-3150 • Far (206)628-7699 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 171 18 19 20 21 22 23 24 25 26 27 5� bd�.lvst tr" 3.5 The Appellants' short plat approval is counter -complete and vested. 3.6 The project site will be served by two streets. Three (3) of the lots will access from Fir Street. The plat applicant proposes to serve the remaining three (3) lots from Yaquina II Street. 3.7 On January 21, 2000, the Appellant's engineering consultant proposed to the City that they be allowed to upgrade Hemlock from Yaquina to the Olson property due to the difficulty of opening Hemlock from the north. In an internal memo from Public Works to the Department of Community Development, dated March 13, 2000, staff advised that "after review and discussion with the City Engineer we feel it is acceptable to construct the roadway from Yaquina, and ending in a cul de sac. The remaining existing right of way is to remain for utilities and trail construction." Appellant followed this guidance and submitted construction drawings dated January 29, 2002 consistent with the March 13, 2000 memo. Thereafter, staff changed position and indicated access should be from Lofgren Road by extending unimproved Hemlock Street Northeast. 3.8 On April 16, 2003, the Acting Director issued the MDNS in question. Pursuant to the MDNS, comments were due on May 7, 2003, and any appeal must be filed by May 14, 2003. The Appellants timely submitted comments on the MDNS by letter dated May 7, 2003, objecting to two of the mitigating conditions — Condition Nos. 6 and 7. A true and accurate copy of the comment letter is annexed hereto to this appeal, as Exhibit B, by reference made a part hereof. By this appeal, the Appellants challenge these same two conditions., 5dtv�St�-- 3.9 The City has not yet made a decision on appellants' short�pqat application, but issued its MDNS, with an appeal date. The City's decision-making process fails to consolidate its decision-making under the State Environmental Policy Act with that on the underlying land use application. IV. GROUNDS FOR RELIEF 4.1 State law imposes limitations upon municipalities when exercising substantive authority pursuant to the SEPA. These are: First, a city can only mitigate a proposal to APPEAL OF CERTAIN TERMS AND CONDITIONS Davis Wright Tremaine LLP MITIGATED DETERMINATION OF NON-SIGNFICANCE - 3 LAW OFFICES SEA 1360090v1 58978-1 2600 Century Square Isol Fourth Avenue Seattle, Washington 96101-1688 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ameliorate significant adverse environmental impacts directly related to the proposal as documented by appropriate study or analysis. Second, any SEPA conditions placed in an MDNS must be reasonable, not excessive, and proportionate to project impacts. Third, the exercise of substantive SEPA authority must be based upon adopted SEPA policies. II RC W 43.21 C.060. 4.2 The City's imposition of MDNS Condition Nos. 6 and 7 is clearly erroneous, contrary to law and illegal. 4.3 MDNS Condition No. 6 relates to water service. It prohibits placement of a buried utility water line in a stream and ravine. The MDNS characterizes the intermittent stream located in the ravine as a "Class IV stream." However, under the Bainbridge Island Municipal Code, Section 16.20.37(e), the stream in question is properly classified as a "Class V water." The stream is an intermittent stream with a well defined channel, but does not fall within Class I-IV waters, as specified in the BIMC. In order to classify a stream as a Class IV water, as defined by City law, BIMC 16.20.37(d), it must have a "significant influence in water quality down stream on Class I, II and III waters." In fact, the stream in question does not have such significant influence, and, therefore, must be classified as a "Class V" stream under local law. 4.4 The City's Critical Areas Ordinance does not prohibit placement of utilities under a stream or in a stream buffer, including a Class V (or IV) stream. In fact, it is possible to place a water line with no measurable impact to the stream or its associated buffer. But, if there is any impact, the Municipal Code allows the development so long as impacts to critical areas are minimized. See, in this regard, BIMC Section 16.20.100. All impacts associated with placement of the buried water utility can be minimized. For example, the work can occur when the stream is dry. Vegetation can be planted to ameliorate any water quality impact. The work corridor can be limited to only a few feet in width. The prohibition contained in MDNS Condition No. 6 is unsupported by the facts or law and is illegal. APPEAL OF CERTAIN TERMS AND CONDITIONS Davis Wright Tremaine LLP MITIGATED DETERMINATION OF NON-SIGNFICANCE - 4 LAW OFFICES SEA 1360090v1 58978-1 2600 Century Square • im Fourth Avenue Seattle. Washington 98101.1688 !?061622-ilSn F.•l70fi1 fi2R-7fi99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 4.5 MDNS Condition No. 6 as drafted prohibits filing a critical areas application, but local law, BIMC 16.20.040, allows property owners to file applications for developments in critical areas and associated buffers. The City cannot prohibit property owners from seeking approvals under the law. Further, the MDNS assumes an application, if filed, would not be granted. There is no basis in SEPA for the City to predispose a decision on a critical areas application or prohibit what the law allows and MDNS Condition No. 6 is illegal. 4.6 MDNS Condition No. 6, as presently drafted, allows the applicant, as an alternative to bringing the water line through City right-of-way, to drill with Health District approval a second, standby well to serve the plat. (There is clearance to drill one well to serve the six proposed lots but not clearance to drill a second well). The proposed alternative is impractical because it cannot be accomplished. Under State law, a 100 -foot setback from a well is required. Further, MDNS Condition No. 6 states that the proposed well and well access easements will not be allowed within the stream buffer, further minimizing options to locate the well. Based on site constraints, there is insufficient space on the property to provide the required 100 -foot buffer and still comply with state law and the MDNS language, so drilling a well is impossible. Under SEPA, project mitigation must be reasonable and capable of being accomplished. RCW 43.21C.060. The "alternative" to MDNS Condition No. 6 does not meet the stated standard and, therefore, is illegal. 4.7 MDNS Condition No. 7 requires significant off-site traffic improvements, specifically, the extension of Hemlock Street NE to serve three lots in the proposed plat. Approval of the short plat will add only six additional homes, and insignificant new vehicle trips. No site specific, particularized study demonstrates that approval of the proposed plat will cause significant impacts to traffic or public safety justifying extension of Hemlock Street and the proposed plat can be adequately served by Fir Street and Yaquina Street. 4.8 Under SEPA, the City's substantive authority is limited to imposing mitigation only for significant adverse environmental impacts. The few additional trips that will result from the proposed plat development will not create a significant impact on public roads which APPEAL OF CERTAIN TERMS AND CONDITIONS Davis Wright Tremaine LLP MITIGATED DETERMINATION OF NON-SIGNFICANCE - 5 LAW OFFICES SEA 1360090x1 58978-I 2600 Century Square • 1501 Fourth Avenue Seattle, Washington 98101.1688 (206) 622-3150 - Fas: (206)628-7699 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19'. 20 211 22 23 24 25 26 27 will be accessed by property owners. These existing roads can serve the proposed plat. There is no need or reason to extend Hemlock Street when other reasonable, less expensive 11 alternatives are available. 4.9 Under SEPA, not only must the City demonstrate the presence of significant adverse impacts to impose mitigation, but mitigation must be reasonable and proportionate. Further, mitigation must be supported by a site-specific analysis, and imposed only "to the extent attributable to the identified adverse impacts of the proposal." WAC 197-11-600b; RCW 43.21C.060. There are no impacts directly related to the proposed short plat documented by a site-specific analysis to justify the extreme and disproportionate mitigation demanded by MDNS Condition No. 7. MDNS Condition No. 7 is simply an attempt by the Bainbridge Island to extend a City Street solely at developer cost and is illegal. 4.10 The requested mitigation is wholly disproportionate to the project impacts. Additional expenditures of well over $100,000 will be required to comply with MDNS Condition No. 7. Further, an additional $10,000, or more, is required to comply with MDNS Condition No. 6. The City has not demonstrated either a "nexus" with the impacts of the project or "a rough proportionality" to those impacts, in terms of imposition of MDNS Condition Nos. 6 or 7. Therefore, both Conditions are illegal. 4.11 The City is obligated under the State Environmental Policy Act to combine the SEPA and land use decisionmaking in one proceeding. WAC 197-11-680(3)(v). The City has failed to do so, but instead is bifurcating its land use decisionmaking process as to Appellants' plat application. Despite request, the City has refused to extend the appeal period for its MDNS until it makes a decision on the underlying short plat approval, thereby violating the law, and unjustly increasing administrative and legal expenses for Appellants. V. RELIEF REQUESTED Appellants request that the Office of Hearings Examiner, upon review: 5.1 Rule as illegal and strike SEPA MDNS Condition Nos. 6 and 7; APPEAL OF CERTAIN TERMS AND CONDITIONS Davis Wright Tremaine LLP MITIGATED DETERMINATION OF NON-SIGNFICANCE - 6 LAW OFFICES SFA 1360090v1 $8978-1 2600 Century Square - im Fourth Avenue Seattic. Washington 98101-1688 (206) 622-3150 - Fa.: (206) 628.7699 5.2 Rule as illegal any attempt by the City to impose the stated MDNS conditions as conditions of approval on Appellants' short plat application; 5.3 If the City does not consolidate its decision-making process as to Appellants' short plat application, thereby obligating them to file a second, separate land use appeal on the final decision on their plat application, order that the City reimburse Appellants the cost of any excessive, duplicative and/or unnecessary filling fee(s) and/or staff review fees: 5.4 Grant any other further relief that is just and fair under the circumstances. APPEAL OF CERTAIN TERMS AND CONDITIONS Davis Wright Tremaine LLP MITIGATED DETERMINATION OF NON-SIGNFICANCE - 7 LAW OFFICES SEA t 360090v 158978-1 2600 Century Square • 1501 Fourth Avenue Seattle, Washington 98101.1688 (206) 622-3150 Fax. (206) 628-7699 VI. LEAVE TO AMEND 6.1 Appellants reserve the right to amend their appeal to add additional claims if additional grounds and justification to support their appeal are found. DATED this 1_ day of May, 2003. Davis Wright Tremaine LLP Attorneys for Appellants Estate of Otto Olson, Michael Olson, Representative BY -- ) 4 '4"t44 Dennis D. Reynolds WSBA #04762 APPEAL OF CERTAIN TERMS AND CONDITIONS Davis Wright Tremaine LLP MITIGATED DETERMINATION OF NON-SIGNFICANCE - 8 LAW OFFICES SEA 1360090v1 58978-1 2600 Century Square - 1501 Fourth Avenue Seattle, Washington 98101.1688 (206) 622-3150 - F— (206)628.7699 City of Bainbridge Island _ PUBLIC WORKS DEPAR TMENT TO: Tom Bonsell FROM: Melva Hill Off DATE: June 13, 2003 RE: Olson SUB 9800 (additional condition) CITY ENGINEER MEMORANDUM TO THE DIRECTOR PURSUANT TO BIMC 17.04 PRELIMINARY SUBDIVISION — REVIEW PROCESS — REVIEW BY THE CITY ENGINEER: Under the authority of the City Engineer, the Public Works Department has reviewed the above referenced permit application and finds the following: Recommendation: APPROVAL of the preliminary subdivision application with the following conditions. 1. On the final subdivision submittal the Applicant shall show dedication of an additional five (5) feet of right of way width along the property frontage known as Lofgren Road, a collector, to support the Functional Road Classifications of the Comprehensive Plan. These are the recognized issues for Public Works and Stormwater/Erosion Control as of the date of the letter. This list of requirements was generated from a general plan review, and is not necessarily an exhaustive list of all issues related to the application. The applicant is still required to adhere to all Planning Department findings, City of Bainbridge Island Municipal Code, State and Federal Law and good engineering and safety practices. JH\xyz City of Bainbridge Island PUBLIC WORKS DEPARTMENT TO: Tom Bonsell FROM: Melva Hill DATE: May 1, 2002 RE: Olson SPT 9800 The Department of Public Works, Engineering completed review of the above -referenced short subdivision for compliance with Public Works requirements, including BIMC 15.20 Stormwater Management and 15.21 and pursuant to BIMC 17.12.1108. Approval is recommended with the following conditions or exceptions to be resolved at the time stated within the paragraph. The Applicant shall submit a proposal for meeting the attached Bainbridge Island Design and Construction Standard 7-040 for frontage improvements prior to preliminary subdivision approval. Applicant shall officially open and improve Hemlock Street from Lofgren Road to the south property line of the short plat and joining with the existing street. The improvements for this right of way shall meet the Design and Construction Standards and Specifications detail 7-060 or optional 7-065 with turnouts. I have attached 7-060 for your reference. 2. Applicant shall submit an engineered plan for construction of the road as well as drainage/erosion-sedimentation control system for it. A design shall be submitted and approved prior to final subdivision submittal. 3. Required improvements shall be constructed or appropriately bonded to ensure performance prior to final subdivision submittal. 4. Applicant shall submit the required items outlined in the attached memorandum from Ross Hathaway, dated April 26, 2002, completed by the Geotechnical Engineer, prior to preliminary short subdivision approval. 5. The Geotechnical Engineer shall provide concurrence for proposed drainage systems serving the single family residences or roadways. 6. Applicant shall resolve any survey issues prior to final short subdivision submittal. J14\xyz ATTACHMENT I These are the recognized issues for Public Works and Stormwater/Erosion Control as of the date of this memorandum and related the present application package (SPT). This list of requirements was generated from a general plan review, and is not necessarily an exhaustive list of all issues related to the application. The applicant is still required to adhere to all Planning Department findings, City of Bainbridge Island Municipal Code, State and Federal Law and good engineering and safety practices. If you have any questions or concerns, please contact the Engineering Project Manager for this application. JH\xyz City of Bainbridge Island PUBLIC WORKS OPERATIONS AND MAINTENANCE The comments recorded on or attached to this document represent the review comments of the Operations and Maintenance Division of the Public Works Department for the project listed below. DATE: March 19, 2002 PROJECT NAME: Olson, Otto Estate TRACKING # PRJ-0009800 CASE # SUB09800 Operations and Maintenance (O&M) will require the following items to be incorporated into the design of this project: 1. This parcel is in the City's current defined water service area and as such a water availability review from the City is required. Water availability forms can be obtained from the City's website or from the Engineering Department — 842-2016. These are only the recognized issues related to the review package in possession of O&M as of the date of this memo. This list of requirements was generated from a general review, and is not necessarily an exhaustive list of all O&M issues related to the application. The applicant is still required to adhere to all Planning/Building Department and Public Works Department findings, City of Bainbridge Island Municipal Code and Design & Construction Standards, State and Federal Law and good engineering and safety practices where applicable. Any recognized deviation from these requirements will require correction by the Applicant, regardless if the approval status of plans or construction status. Any revisions of these plans, specifications or calculations require the affixed Engineer's seal of an Engineer licensed in the State of Washington, and subsequent review of the plans and revisions by the City of Bainbridge Island Engineering Division conducted through the application's assigned Planning/Building Contact. Should you have any questions regarding anything contained herein, O&M can be reached by calling (206) 842-1212. City of Bainbridge Island PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Melva Hill, Engineering Contact FROM: Ross Hathaway, P.E. DATE: April 26, 2002 RE: PRJ-9800 SUB Olson The Public Works Department recommends approval of the preliminary subdivision for geotechnical issues upon fulfillment of the following conditions. Prior to preliminary subdivision approval the applicant shall submit/complete the following: 1. The engineer of record shall complete, sign, and seal the City of Bainbridge Island's standard geotechnical recommendation form. 2. The engineer of record shall address the possible risk to adjacent properties in the City of Bainbridge Island's standard geotechnical recommendation form. 3. The following setbacks shall be noted on the face of the plat map, including but not limited to, a 25 -foot setback from the crest of the ravine to all future residences, a 10 - foot setback to the shared well, and a 10 -foot setback from the crest of the ravine to future utility easements. These are only the recognized issues related to the Geotechnical Recommendations in possession of the Engineering Division as of the date of the letter. This list of requirements was generated from a general technical plan review, and is not necessarily an exhaustive list of all geotechnical issues related to the application. The applicant is still required to adhere to all Planning/Building Department findings, City of Bainbridge Island Municipal Code and Design & Construction Standards, State and Federal Law and good engineering and safety practices where applicable. Bainbridge Island Fire Department 8895 Madison Ave. N.E. Bainbridge Island, WA 98110 (206) 842 - 7686 Fax: (206) 842 - 7695 MEMO April 16, 2003 TO: Tom Bonsell, Planning Department FR: Earl Davis, Fire Marshal RE: Otto Olson Subdivision SUB09800 The submittal has been reviewed resulting in the following comments: P LOG CITY of BAINBRIDGE ISLAND To �V, �e. APR :1 " 2003 DEPT. UFPLANNING & COMMUNITY DEVELOPMENT 1. All public road revisions shall be constructed in accordance with Public Works requirements. 2. Any on-site private roads shall be constructed with the following requirements: A. The entire road shall consist of an all weather gravel surface at least 12 feet in width and a height clearance of not less than 13'-6". B. The road shall have a gradient not to exceed 12% at any point unless it is paved where a 15% grade will be allowed C. Any private road greater than 300 feet in length shall have turnouts at 300 foot intervals to allow passage of two vehicles. The turnouts must transition to IOU fe:>t in width in a length of 40 feet. D. A hammerhead turnaround must be located in the most level portion at or near the end of the road. 3. There is no fire flow available in this area. Therefore, the plan must not indicate the method of compliance with fire flow requirements. It appears that separation between dwellings may used, providing a statement is recorded on the final short plat approval indicating that combustible roofs will not be used on any house constructed on the lots. Then, a minimum distance between dwellings shall be not less than 25 feet. Separation also applies to existing and future buildings on adjacent property. 'JaNSEc� 7Art —RAS,-- STATE ,,./QNN STATE G NASHINGTON DEPARTMENT Q', FISH AND WILDLIFE 48 Devonshire Road • Montesano, Washingtc ?8563-9618 • (360) 249-4628 FAX (360) 664-0689 February 17, 2003 Att: Tom Harriott Browne Engineering, Inc. 147 Finch Place SW Bainbridge Island, WA 98110 SUBJECT: Evaluation of potential impacts to bald eagles and their habitat for a proposed Short Plat on the Olson property within the Murden Cove Bald Eagle Nesting Territory. Dear Tom, Thank you for calling today to follow-up with me regarding the Olson Short Plat proposal. Today was a holiday but I did get your message. I -did leave you a phone message but decided to send a quick letter. I'm leaving for vacation early tomorrow morning and will not be back to the office until March 5*. As we have discussed on the phone, the Olson property is within the Murden Cove Bald Eagle Nesting Territory. The Washington Department of Fish and Wildlife (WDFW) has been monitoring this territory since 1999. Only one nest tree has been documented within the territory. This nest produced two young eaglets last nesting season. The WDFW appreciates having the opportunity to review the proposed development project to determine if it will have any impacts on bald eagles. The bald eagle is listed by the U.S. Fish and Wildlife Service as a threatened species in Washington. The protection of nesting, roosting, and foraging habitats is critical in order to remove the bald eagle from threatened species status in the state. The Bald Eagle Protection Rules (WAC 232-12-292) and the enabling Legislation (RCW 77.12.655) were enacted in 1986 to provide protection to important eagle habitats. The WDFW has determined that the proposal to short plat the property and future development will have no adverse impacts to bald eagles if significant bald eagle habitat is protected. I believe that the nest tree is approximately 700 feet from the property. I was not sure if you measured the distance shown on the new map you sent from the actual nest tree. A Bald Eagle Management Plan (BEMP) will be required if any tree removal, clearing, or development will be occurring within 800 feet of the nest tree. No timing restrictions will be implemented for any site development. Since most of the property is outside 800 feet from the nest, I could notify the City to proceed with Short Plat approval with the condition that BEMP's will be required for any future development of the lots within 800 feet of the nest tree. You can share this information with the City staff since I will be gone the next few weeks. I would request that the short plat application be sent to me. Thank you for your interest in the protection of our national bird, a symbol of freedom and the beauty of our diverse wildlife legacy. Best of luck with your project. Please contact me at (360) 681-4276 or P.O. Box 1933, Sequim, WA 98382 if you have any questions or need any further information. Sincerely, Shelly Ament Wildlife Biologist CERTIFICATE OF POSTING I ,'L.� ��; j�', , certify that I caused to be Please print name posted official Proposed Land Use Action sign(s) for the application identified as c 9,VCc Project Number and Project Name _ on the subject property located at 1--c C? Site Address identified by the tax assessor's number(s) given below on '2. Date Tax assessor number(s):L-/ ! L, �'� C ( C> 0 Ll CITY OF BAINBRID IE ISLAND ZF 4PR y 2002 DEPT. OF PLANNING ©IVIMUNRY DEVELOPMMT I declare under the penalty of the perjury laws of the State of Washington that the foregoing is correct. Signature Uate DEPARTMENT OF PLANNING AND COMMUNITY'S .� 280 MADISON AVENUE NORTH*BAINBRIDGE ISLAN PHONE: (206) 842-2552*FAx: (206) 780-0955*dcdC ATTACHMENT J www.ci.bainbridge-isl.wa.us Bainbridge Island Review P.O. Box 10817, Bainbridge Island, WA 98110 206-842-6613 Affidavit of Publication STATE OF WASHINGTON) COUNTY OF KITSAP ) SS Christiana Allen being first duly sworn, upon oath deposes and says: that (s)he is the publisher of the Bainbridge Island Review, a twice -weekly newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a twice weekly newspaper in Bainbridge Island, Kitsap County, Washington and is and always has been printed in whole or part in the Bainbridge Island Review, and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Kitsap County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of City Notices - OLSON NOA (BR565-02) as it was published once a week in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 04/17/02 and ending on 04/17/02 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for such publication is $ rf I. oa which has been paid in full. Subscribed and swom before me on this I g1kday of A104 L Notary Public in and for the State of Washington, residing in Bainbridge Island, Washington. CITY OF BAI13RIDGE ISLAND. NOTICE OF APPLICATION FOR OL - SON SUBDIVISION, 31,111091100 City of Bainbridge Island has re- ceived the following land use sp- pllcation: Date: April 17, 2002 Applicant: Mike Olson Owner. Estate of Otto Olson Permit RetivestOlson Subdivision (fn: SUB 09800) Description of Proposal: To sub- divide a four and one half acre par- cel into six lots. In accordance with the property's Residential 2 JR -2) zoning, 40 -percent of the site will be designated as open space. Location of Proposal: The property. Is located at 9955 NE Lofgren Road. On the south side of NE Lofgren Road between Fir Street and Hem- lock Street. Lot 46 Section •23, Township 25 North, Range 2 East, WM (TAIL: 4169 DOO 046 0005) Date of Application: March 14, 2002 Complete Application: April 10, 2002 Environmental Review: This project is not exempt from State Envi- ronmental Policy Act (SEPA) review under WAC 197-11-8DO. Comment Period: Any person may comment on the proposed appli- cation, request notice of and par- ticipate in a public hearing, if any, re- quest a copy of any decision or ap- peal any decision. The city will not act on the application for 14 days from the days of this notice. Com- ments must be submitted no later than 4:00 p.m. on May 1, 2002. If you have any questions con - coming this application, contact Richard freeman, Planner Department of Planning b Com- munity Development 280 Madison Avenue North Bainbridge Island, WA 98110 (206)842-2552 Fax: (206) 780-0955 Email: dcdOci.bainbridge-isl.wa.us Date of Publication: 04/17/02 (BR565-02) � ....... til �Q-•�M,�ssioN Fir, ..� a.0 �s:2 Q NOTAR y ;z tn: * W) PUBLIC >�c 9 .... ��NG tpr WAS I :ITY )I- BAINPRInrr 1 l -AND APR 2002 OEM. PLANNING & 30Mt UN'l FV DEVE-LOPMENT CITY OF BAINBRIDGE ISLAND Dept. of Planning and Community Development April 11, 2002 MR. MICHAEL OLSON EXECUTOR — ESTATE OF OTTO OLSON Post Office Box 98 Port Hadlock, Washington 98339 Re: File No. SUB09800 (3/14/2002) File Name: ESTATE OF OTTO OLSON Preliminary Subdivision Dear Mr. Olson: We have reviewed your application for the above referenced preliminary subdivision. It has been determined to be complete in accordance with the provisions of Title 17, Appendix 13(1), of the Bainbridge Island Municipal Code. A determination of a complete application does not preclude the department from requesting additional information or studies if new information is required to complete final review or if substantial changes in the application are proposed. Your project manager, Richard Freeman, will contact you in the event any further information is needed. Pursuant to Bainbridge Island Municipal Code Section 2.16.085, the applicant must post a legal notice of the project on the property. The notice must be displayed on the property within five days of the publication of notice. The city will provide the notice for posting, but you must provide the post. Mr. Freeman will be in contact with you when the actual notice boards are ready to be picked up. Correspondence concerning this application should make reference to both the file number and file name shown above. Should you have any questions or concerns in regard to your specific project, you may contact Mr. Freeman at 842-2552. Yours very truly, Glliyz NAN GLADSTEIN Land Use Clerk �N s cc: Marc Adam, Adam & Goldsworthy, Inc., 19062 Highway 305 North, Poulsbo, Washington 98370 Richard Freeman file 280 MADISON AVGNM: Nom,ii • BAINBRIDGE ISLAND, WA • 98110-2824 PHONE: (206) 842-2552 • FAX: (206) 780-0955 • EMAIL: pcd@ci.baii1bridge-isl.%Va.us ci.bainbridge-isl.wa.us www.ci.bainbrid-e-isl.wa.us CITY OF BAINBRIDGE ISLAND Department Of Planning & Community Development RE: UV 1-M ZQ_Aw q t_ IW p l?E X SS uA03c.E o f m D N S APPLICANT: oc S c, nl PROJECT NUMBER: zuD oageo t Ruy o9ew AFFIDAVIT OF POSTING AND MAILING I, Diane Berry, do hereby certify that I pasted a copy of the NOTICE for the above referenced project at the places referenced below. I further certify that I mailed copies of said documents to all parties shown on the attached mailing lists, by placing the notices in the outgoing mail bin at City Hall, 280 Madison Avenue North, Bainbridge Island, WA, before the 4:30 p.m. mail pick-up on 8 -Q_bu Posted at: 8-11-04 City Hall City of Bainbridge Island 280 Madison Avenue North Bainbridge Island, WA. 98110 Bainbridge Island Chamber of Commerce 590 Winslow Way East Bainbridge Island, WA. 98110 t.14. Diane Berry, Admin trative Secretary Dept. of Planning & Community Development Washington State Ferries Winslow Ferry Terminal Winslow Way East Bainbridge Island, WA. 98110 S To: Tom Bonsell, Project Planner From: Jeffery M. Jensen, P.E., City Engineer Subject: Olson Subdivision 09800; Lofgren Road Tr`affid I act P Date: 05/05/2003 The City has reviewed this site and determined that a traffic impact analysis will not be required for this Subdivision or as a concurrency test for concurrency certificate. The proposed residential project will add approximately 48 Average Daily Trips (ADT). The City is currently working on a system -wide traffic analysis. The City's consultant believes Lofgren Road fronting the proposed project is currently at "level of service" (LOS) "A"; if so, the approximately 48 ADT generated by the project would not push the LOS below the current allowed minimum LOS of "C" for Lofgren Road at this location. This is consistent with the City of Bainbridge Island Comprehensive Plan Transportation Elements TR 3.2, TR 5. 1, TR 5.2 and Figure 3 (Level of Service Zones). Page 1 of 1 ATTACHMENT K City of Bainbridge Island PUBLIC WORKS DEPARTMENT - - Property Location or Description: Olson SUB 09800/41690000460005 Type of Development: Subdivision Uses Approved: Single Family Residential Densities Approved: 6 residences Intensity Approved: 48 Transportation Facilities Reserved in this Certificate: 48 ADT on Lofgren Road (fronting the property) BY: Jeffery M. Jensen, P.E. City Engineer m't Issuance Date: 05/5/2003 Expiration Date: (see notes below) This Certificate of Concurrency is issued under the authority of the city engineer or designee. This Certificate of Concurrency shall be valid for the same period of time as the development permit with which it was issued, except that if the development permit does not expire, the Certificate of Concurrency shall expire after three years from the above date. This Certificate of Concurrency may be extended according to the same terms and conditions as the underlying development permit. If the development permit is granted an extension, the Certificate of Concurrency, if any, shall also be extended, except that Certificates of Concurrency will not be extended more than two times. Certificates of Concurrency will not be extended beyond the expiration of the underlying development permit, or any extensions thereof. This Certificate of Concurrency is valid only for the uses and intensities authorized for the development permit with which it is issued. Any change in use or intensity that increases the impact of development on transportation facilities is subject to an additional concurrency test of the incremental increase in impact on transportation facilities. This Certificate of Concurrency is valid only for the development permit with which it is issued, and for subsequent development permits for the same property, as long as the applicant obtains the subsequent development permit, and where the use or intensity has not changed, and the previous development permit has not expired. This Certificate of Concurrency pins with the land, and cannot be transferred to a different property. This Certificate of Concurrency transfers automatically with ownership of the property for which the certificate was issued. At the request of the property owner, upon subdivision of a property that has obtained a Certificate of Concurrency, the city will replace the Certificate of Concurrency by issuing a separate Certificate of Concurrency for each subdivided parcel, assigning to each a pro rata portion of the transportation facility capacity or other measure that was reserved for the original certificate. This Certificate of Concurrency shall expire if the underlying development permit expires or is revoked or denied by the city and the certificate has not been extended to a subsequent development permit for the same property. (Ord. 2001-09 1, 2001; BIMC 15.32.060) Attachments: Concurrency Test Page 1 of 1 i City of Bainbridge Island PUBLIC WORKS DEPARTMENT 'jifit. 4`.- H m is N v J- k,awc� u�A Y 3 .�'."s;t � u�:szt;"�xa>��^.-..�sa�.�:�x.. ,. .,�..�,�•� ..�a,.��dr,..,,.u` .. +.k � �s' u-. Y.aao .... �a�.�✓2-r.. .SY 'n�w..s. @wn..s,• ..✓, ,. xd; t:2 r,.., s,. 1ak.. u". ...a'. ., m TO: Tom Bonsell FROM: Melva Hill rd,A DATE: April 8, 2003 RE: Olson SPT 9800, concurrency The Department of Public Works, Engineering submits the following comments pursuant to Transportation Concurrency BIMC 15.32.030 for the above -referenced subdivision. An Application complete date of 4/11/2002 requires the concurrency test. As per BIMC 15.32.030.D.2 this subdivision is determined to be exempt. Based on the number of additional dwelling units and their proximity to the central business area and ferry, it would allow the use of alternate modes of transportation (i.e. Bikes and bus) thus eliminating some of the ADT. Therefore with the ITE Trip Generation established average rate of 9.57 trips per dwelling unit making the trips associated with this project as 47.85 (less then 50) allowing exemption. These issues are related to the present application (SUB) and Transportation Concurrency and is not an exhaustive list of all issues related to the application JI-nXYZ ATTACHMENT J 1' COUNTY LLTH R I C T Date: May 10, 2005 To: Tom Bonsell - City of Bainbridge Island SCOTT W. LINDQUIST, MD, MPH, DIRECTOR 345 6' STREET, SUITE 300 BREMERTON, WA 98337-1866 (360) 337-5235 From: Tim Quayle - Kitsap County Health District (360-337-5222) Applicant: Mike Olson r RE: Otto Olson Estate Subdivision - SUB09800, memo #184816 The Health District has reviewed the above referenced project and recommends preliminary approval subject to the following conditions: • Building Site Applications for Onsite Sewage Disposal (BSA's) have been reviewed by the Health District for all of the proposed lots. They are still in pending for the small/critical lot forms to be signed, and drinking water review. The BSA's must be approved prior to the issuance of any building permits. • Prior to final plat approval, the water system must have final approval from the Health District. Contact Melina Knoop at 360-337-5220 for details. onsite5.winword.tim.City of Bl. Otto Olson ATTACHMENT L