RES 97-18 APPROVAL OF PRELIMINARY PLAT FOR LESLIE LANDING
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RESOLUTION NUMBER 97-18
A RESOLUTION of the. City of Bainbridge Island,
Washington, approving the preliminary plat,.
planned unit. development and shoreline
substantial development permit for Leslie
Landing, on approximately .18.3 ,341 square feet
of real property. between Shepard Way and.the
waters of Eagle Harbor, upon the application
of Andy Mueller. (FN: SSDP/SUB/PUD04-22-96-1.)
WHEREAS., Own.er Dick Bowen. through applicant Andy Mueller
submitted an application for approval of preliminary plat,
planned uni~ development and shoreline substantial- development
permit; and
WHEREAS, the prelimina~y plat application is submitted to
develop a pl.at of 12 single family lots on approximately 183,341
sq~are feet of_real property between Shepa~d-Way and the waters
Of .Eagle Harbor; and
WHEREAS, the Bainbridge Island Planning Commission reviewed
the shoreline substantial development permit and recommended
conditioned approval to the. Hearing Examiner; and
_ WHEREAS, on March 21, 1997, the Hearing Examiner conducted a
public hearing on the preliminary plat, planned unit development
and shoreline substantial development permit upon proper noticej
and
WHEREAS, on April 10, 1997., the Hearing Examiner recommended
.conditional approval of the preliminary plat application, planned
.unit deve.lopment and shoreline substantial development permit and
en~ered a report, Findings of Fact, Conclusions of Law and
,Recommendations; and
WHEREAS/ on May I, 1997 the Bainbridge Island City Council
considered. the recommendations of the Hearing'Examiner and on May
15,. 1997, determined that it was in the public interest to adopt
the Findings of Fact, Conclusions of Law and Recommendations of
the Hearing Examiner, now therefore,
THE City Council OF THE City OF BAINBRIDGE ISLAND, WASHINGTON,
DOES RESOLVE AS FOLLOWS:
Section 1. The Finding of Fact, Conclusions of. Law and
Recommendations of the Hearing Examiner SSDP/SUB/PUD04-22-96-! as
set .forth in Exhibit lIA" I which is attached. and incorporated by
reference, is modified as.follows:
preliminary Plat Approval for Leslie Landing
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Res. #97-18
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1. . Finding -of Fact 40. In addition to the PUD, the applicant
requires a shoreline substantial development. permit [SSDP]
because of the' close proximity of the proposal to a
significant shoreline within the S~ate of Washington~ The
landward shoreline environment of the subject property as
set forth .in the Kitsap County Shoreline Master ~rogram is
Rural, which allows the proposed uses. The waterward
shoreline environment of the subject property as set fqrth
in the Kitsap County Shoreline Master Program [KCSMP] is
Natural, whidh contains 'the most ~estrictive regulations of
the KCSMP. -The comprehensive plan design~tion of the subject
.property is. semi-urban, residential.
2. -.Finding of Fact 50. The applicarit. proposed thirteen lots,
which is inconsistent with the R-2.9 zoning designation and
the minimum lot size of 15,000 square feet. .No similar
developments with equal or greater density along the
shoreline exist in the same vicinity and zone. While "the
comprehensive plan supports addition of lots dedicated for
-affordable housing, an implimentation ordinance is currently
being reviewed by the City Council.
3. Finding of Fact 54. An analysis of the environ~ental effects
relating -to work to be performed within the shoreline or ~he
50-foot shoreline buffer for the proposed plat was conducted
by the City under the State Environmental Policy Act
regulations. Eight conditions were suggested by the. .
applicant as part of the proposed work in the shoreline,
buffer. Among. the. eight suggested conditions was one that
required the applicant to remove several fallen or diseased
hazardous trees and blackberries~ No City approval .was given
for this_work.
4. Finding of.Fact 57. The applicant submitted that the buffer
is currently vegetated with grass and no scrub or shrub is
- on the site;l He submitted that the revegetation should not"
be shrub, but should be grass and some native species trees.
The Department of Ecology (Exhibit 76) suggests several,
plant species that should be included in the final plan for
buffer revegetation.
5. "Finding of Fact 58. BIMC 16.20.090 regulates shoreline.
buffers and requires a 50-foot buffer from the ordinary high
water mark [OHWM] ~ Encroachment into the buffer by
administrative approval is limited to 25 percent (37.5
feet). No request was made by the applicant for a reasonable
use exception to encroach more than 25 percent into the
buffer. '
6. Finding, of Fact 59. The KCSMP states that shorelines
designated as Natural Environment are to insure that the
natural systems will be maintained and/or restored such that
they will remain relatively free of human influence and to
Preliminary Plat Approval for" Le.slie Landing
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Res~ #97-18-
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strictly regulate the type! impact and intensity of use
activities made of these shorelines 9 It is intended that
man's use. activities will be subordinate to the natural
system.s.. Any a.ctivity which would bring about a change in
the exi.sting situation would only be desirable if such a
change would contribute to the preservation of its existing
character.
7. Conclusion of Law 7. Placing the storm drainage outfall at
the ordinary high water mark -[OHWM] rather than at 37.5 feet
from the [OHWM] may inhibit soil erosionl as claimed by the
applicant. However, p~acing storm water outflow at the
[OHWM] would require additional permit review by the CitYI'
specifically .a reasonable use exception and a shoreline
conditional use permit~ If the City Council passes an
ordinance after preliminary plat approval and before. final
plat approval that allows the storm drainage outfall to be
placed at .the [OHWM], the preliminary plat approval shall be
amended pursuant to BIMC 17.04~100(C) (1) and (3).
8. Conclusion of Law 9. The proposal of the applicant for
thirteen lots is inconsistent _with the base density shown in
the City's comprehensive plan.. However, the comprehensive
plan support,s- addition of lots dedicated for afford.able
housing. If the City Council passes an ordinance after
p~eliminary plat approval ~nd before final plat approval
that authorizes the proposed thirteenth lot as a density
bonus for affordable housing, the preliminary plat approval
shall be amended pursuant to BIMC 17.04.10Q(C) (1) and (3).
9. Conclusion of Law 16. It is in the public interest that the
storm drainage outfall be-37.5 feet from the shoreline. The
outfall should be buffered from the Natural shoreline. No
application was .submitted by the applicant or reviewed by
th~..City to allow more than tha 25 percent buffer reduction
allowed. in accordance wi-th BIMC 16.20.090 (I . 3 . ). If the
,City Council passes an ordinance. after preliminary plat
approval .and before .final plat approval that allows the
storm dra-inage outfall to be placed closer than 37.5 .feet
from the shoreline then the preliminary plat approval shall
be amended accordingly pursuant to BIMC section
1 7 . 0:4 . 1 0 0 (C) (1) and ( 3 ) ..
10. Conclusion of Law 18. The trees removed by the applicant
were done as a measure of protecting himself from liability.
His experience of. liability in the past warranted this
action.. However 1 such work is prohibited in buffer are_as 9
The applicant will be required to. replant replacement
vegetation and trees th~t will include the .suggestions of
Exhibit 76.
11. Decision. Based upon the Findings of Fact and Conclusions of
Law, the testimony and evidence submitted at the public
Preliminary Plat Approval for Leslie Landing
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Res. #97-18
'hearingl the applications for sUbdivisionl planned unit
development and shoreline substantial development permit are
approved w.ith the fol~owing conditions:
A. A. CONDITIONS OF APPROVAL
All mitigation measures specified-in the SEPA determination shall
be conditions of .approval:
Air..
.1. No burning of landscaping or construction debris shall be
allowed on site.
Land and Shoreline Use.
2. All utilities and wetland buffer disturbance areas shall.be
more than 37.5 -feet from the ordinary high water line. r
3.. (Deleted upon appeal.) .
4. Prior to. any clearing,. grading I or construction. on a site,
all buffer areas shall be specifically identified and
,accurately loc~ted in- the field to protect these areas
during development. After construction and/or prior to final
. plat approval, permanent visual markers shall be placed
around the wetland buffer areas.
5~ Construc~ion of. utility lines within the flood hazard
zone shall comply.with Chapter 15.16. of the Bainbridg~
Island Municipal Code. No construction except for
location of drainage outfalls shall be within 37.5 feet
of the [OHWM]. ·
6~ All lots shall have an undivided interest in the land
waterWard of the, ordinary high water mark.
Water..
7. To mitigate impacts for increased stormwater run-off and
. construction within the wetland buffer, the following
measures shall be taken:
(i) No residential building sites shall be .in the wetland
buffer. Homes, buildings .and structures shall be placed no
less than 50 feet from the [OHWM] ~
(ii) Disturbed areas within the buffer .shall be immediately
.revegetated with native plantings. Replanting pl~ns shall be
approved by the Director prior to clearing and grading~
(iii) ~ (Deleted upon appeal.) , -
(iv) Road drainage and storm drainage from lots 6 through 13
shall be treated in a biofiltration swale prior to release.
(v) Individual drainage for lots 1-5 ~hall be. released to a '
point on the shoreline that is identified by the Applicant
and approved by the City Engineer.
(vi) The existing bulkhead will be removed for shoreline
restoration upon showing by the Department of Fish &
wildlife that the removal will have no adverse environmental
impacts on the shoreline stability and habitat.
{vii} An area between the shoreline trail and the [OHWM]
shall be vegetated.
Preliminary Plat Approval for Leslie Landing
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Res. #97-1(8
(viii) No chemical rodenticide, fertilizers, pesticides,
herbicides, insecticides -or fungicides shall be used in the
plat. The subject CC&Rs shall include the-Hazardous Waste
Pledge and Safe Alternative for Common Household Products.
(ix) Applicant shall comply with conditions placed by the.
Department. of Fish & wildlife's Hydraulic project Approval,
if any..
Transportation.
8. The developer shall construct Shepard Way to City standards
as approved, by the City Engineer from Weaver way to the
. proje9t'rs access point with sidewalks on one side of Shepard
Way. Vehicular access shall be from Weaver Avenue until such
time as other .access routes. are opened.
9. Th.e project .will provide public access t.rails along the
existing .bulkhead at the shoreline, along the west side of
the property, and over Parcel D. The trail will connect
pedestrian trails to winslow Way, Shepard Way and Wyatt way.
Construc.tiop plans for the trails shall be approved. by the
City Engineer prior to installation.and may be gravel.
Maintenance of the trail shall be by the Homeowners'
Association and the maintenance plan shall be described in
the CC&Rs and .approved by the City Engineer .prior to final
plat approval.
util i t_ies .
~O. The. developer shall loop utility lines as. required by the
City Engineer. All 'utility lines shall be.installed under
the supervision. of the C.ity Engineer.
11. The applicant shall submit a drainage plan, report and
calculations for approval by the City Engineer. The plans
shall include storm water treatment. A temporary erosion and
sediment control plan (TESCP) shall be provided by the
applicant and approved by the City Engineer prior to any
construction activities. '
Historic and Cultural Preservation.
,12. The applicant shall advertise as available the existing
residence, circa 1900, known as the Captain Bromley
Residence for removal from the site.
B. Shoreline Substantial.Developme~t Pe~it
-1. preliminary plat and POD approvals shall be granted prior to
any construction.
2. Any areas disturbed during construction within 50 feet of
the shoreline shall be replanted with native vegetation. The
Applicant shall identify diseased or hazardous tree site~. '
He shall not be responsible for ~eplanting those. identified
trees. '
3. The two structures located within the 50 foot buffer along
the shoreline shall be removed prior to final plat approval.
.4. An erosion control plan shall be approved by the City
Engineer prior to any construction on the site.
p~eliminary plat Approval for Leslie Landing
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Res. #97-18
5. A public access trail along the shoreline shall be installed
prior to final plat approval and recorded on the face of the
plat.
.6. A grading permit approved by the City is required prior to
the installation of ahy improvements on the property.
C. Subdivision/Planned Unit Development
General
1. If the City Council passes an ordinance after preliminary .
plat approval and before final plat approval that authorizes
< the proposed' thirteenth lot as a density bonus for
affordable. housing accordingly, the preliminary plat
approval shall be amended pursuant to BIMC 17.04.10Q(C) (1)
and (3).
2. If phasing. occurs on this project, all open space and buffer
requirements shall be met_prior to issuing any r~sidential
building permits.
3. The street name shall be approved by the City prior to final
plat approval~ Mailbox locations shall be shown on the final
construction drawings and approved by the Post Master.
4. All disturbed areas shall be replanted with native
vegetation. A maintenance bond to ensure the health of the
buffer vegetation shall be provided prior to final.plat
approval. The bond shall be in a form acceptable to the City
attorney and in .an amount acceptable to the City Engineer.
The -applicant's proposed replanting plan shall be ~pproved
by the Director prior to building permit issuance or prior
to any construction activities in the buffer areas.
To be shown .and/or" inscribed on the face of the plat:
s. All SEPA conditions (Section I.A.) shall be shown and/or
inscribed on the face of the plat. ..
6. The ordinary high water mark [OHWM] and wetland buffer shall
be clearly marked on the plat, and any restrictions on use
of the open space tract, wetlands, .or wetland buffer shall
be noted on the plat.
7. A 50-foot, buffer from the OHWM shall be delineated on the
plat as a "no-cut/no-build buffer" and marked permanently on
the ground. Any disturbance in this buffer during
construction shall .be replanted immediately with native '
shoreline vegetation.'
8. Perimeter buffers shall be indicated on the face of the plat
as -Uno-cut/no-build buffers!! and shall be as follows: Tract
Fi 25 feet on the north, east and west property lines;.and
50 feet along the shoreline. The eastern buffer may be
.averaged as shown on the February 12, 1997, .plat drawing,
which shows total buffer size is 14,433 SF (excluding the
northern buffer and the shoreline buffer). The western
buffer may be averaged as long as the total buffer size is
increased to 9,750 SF (excluding the northern buffer and the
shoreline buffer). An additional 949 SF shall be provided to
the perimeter buffer.
Preliminary Plat. Approval for Leslie Landing
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Res.. #97-18
9. Dist.urbance areas for buildings and yards. shall be inscribed
on the face of the plat. _
10 ~ The fol.lowing language shall be inscribed on the face of the
plat:
a. Trees may be removed from buffer areas only upon
written approval from the department Director. The
request fOr tree removal shall include (1) a letter
report from a qualif.ied .arborist addressing the health
of the tree{s), and (2) a tree replacement plan that
uses native vegetation and provides 1.5 inches of
diameter tree width for each -1 inch of diameter tree
width removed.
b~ A school impact fee of $2,800 for each lot shall be
charged~ Half of the resultant fee shall be. paid prior
to. final plat approval. .The remaining-half of the fee
shall.be paid prior to building-permit issuance on the
individual lots. The applicant shall be credited one
uni.t for school impact.. fees in accordance with Chapter
15 . 2 8 1 B.IMC.
c. Maximum lot area covered by buildings shall tot.al no
more than 45,835 SF. Lot coverage for each lot shall be
no more than * SF Ilot. . .Construction of' buildings on the
tracts or in the open space' may be allowed, but shall
be .no more than. * SF..
* If 13 lots are allowed:
Lots .1 to' 12 : 3 ,592 SF maximum for each .lot .
Lot 13: 2,000 SF maximum.
Open space: 731 SF maximum.
OR
* If 12 lots are allowed:
Lots 1 to 12: 3,757 SF maximum for each lot.
Open space: . 751 SF maximum.
d. Internal yard requirements shall be 0 feet~ Perimeter
yard requirements shall be no-bu1ild/no-cut_ buffers.
Wa ter &.. s-ewer
11. The .water and sewer lines and connections shall be approved
by the City Engineer.
12. Fees for water and sewer participation, hook-up and
inspection shall be paid prior to building permit issuance
on individual lots or as. required by the Finance Director.
The applicant shall -be credited utility participation fees
for each uti.lity currently used in accordance with the
regulations ~n Title 13.
13. Prior to construction of roads and utilities, the Fire
Marshal shall review the propdsed plans for fire flow,
hydrant locations and emergency vehicle access. No
construction shall begin until the Fire Marshal's approval
is obtained for the proposed plans.
Preliminary Plat Approval for Leslie Landing
Page 7
Res. #97-l8
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Trail
14. A public trail will be placed within the existing sewer
easement on. the west side .of the plat. The trail connects .
.WinSlow Way with Shepard way and ,Shepard way with Wyatt way.
Prior to final plat approval., the existing trail easement
will be modified to reflect this double usage of the sewer
easement. The. southern trail. .easement should remain adj acent
to the OHWM.
Buffers
15. Prior to final plat .approval, the tree removed from the
shoreline buffer area in 1996 shall be replaced by suitable
tree.s as follows: (1) .the. applicant shall plant replacement
trees of a type and size that meet the requirements.. of
Chapter 18.85 of the Bainbridge Island Municipal Code in a
manner consistent with the character of the property; and
(2) 1.5 inches 'of diameter tree width sha~l be 'provided for
each 1 inch of diameter tree width removed.
.Ottler
16 . No stonnwater outfall shall be released directly to .the
beach.- All utilities and wetland buffer disturbance areas
Shall be more .than 37.5 feet from the ordinary high water
line. If the City Council passes an ordinance after
p.reliminary plat approval and before f.inal plat approval
that allows the storm drainage outfall to, be placed at the
OHWM, the preliminary plat approval shall be'amended
pursuant to BIMC 17.04~100(C) (l) and (3) ~ . -
Section 3. The proposed subdivision is in conformity with the
zoning ord.inance, the comprehensive plan, the subdivision _
.regulations ~~d subd~vision.standards, and all other applicable.
land use ordinances. . .
Sec~tion 4. The final plat of Leslie Landing shall,.state on
its face that it is subject to the conditions of approval set
forth in this resolution, as
PASSED by the Council of the City of Bainbridge Island,
Washington, this 15th. day. of May, 1997.
APPROVED by the ~ayor thi,s
1997.
15th.
day of
May-
d~ k. WO;r
Janet K~ West} Mayor
Susan p~ Kaspe~1 r
~'f.rI e~<;~ nAl;bJl€ ~~f~
preliminary Plat Approval for Leslie Landing
Page 8
Res. #97-18
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Filed with the City Clerk: April 30, 1997
Passed by the City Council: May 15, 1997
- Resolution Number: 97-18
preliminary Plat Approval for Leslie Landing
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Res~ #97-