RES 2011-10 APPROVING FERNCLIFF VILLAGE, A HOUSING DESIGN DEMONSTRATION PROJECTRESOLUTION NO. 2011-10
A RESOLUTION of the City of Bainbridge Island, Washington,
approving Ferncliff Village, a Housing Design Demonstration
Project, and three underlying land use permits: Preliminary
Subdivision, Site Plan and Design Review, and Conditional Use
Permit (File Numbers SUB I 5540/SPRI 5540./CUP 15540).
WHEREAS, on December 10, 2010, the Housing Resources Board and Ferncliff LLC
received preliminary approval for Ferncliff Village as a Tier 3 Housing Design Demonstration
Proj ect; and
WHEREAS, on December 3 0, 2010, a preliminary plat application, site plan and design
review application, and conditional use application were submitted by the Housing Resources
Board and Ferncliff LLC to. the Department.of Planning and Community Development; and
WHEREAS, the preliminary subdivision application facilitates creation of 25 residential
lots on a 5.97 acre parcel located in the 500 — 700 block of Ferncliff Avenue; and
WHEREAS, the site plan and design review and conditional use applications facilitate
construction of 24 multi -family units on Lot 25 of the subdivision; and
WHEREAS, the decision to approve or deny a Housing Design Demonstration Project
shall be made as part of the underlying land use permit approval; and
WHEREAS, the Department of Planning and Community Development reviewed and
forwarded its recommendation for conditional approval to the Hearing Examiner; and
WHEREAS, on March 18, 2011, the Hearing Examiner conducted an open record public
hearing on the preliminary subdivision, site. plan and design review, and conditional use
applications upon proper notice; and
WHEREAS, on Much 31, 2011, the Hearing Examiner recommended conditional
approval of the preliminary subdivision, site plan and design review, and conditional use permit,
for a Tier 3 Housing Design Demonstration Project and entered Findings of Fact, Conclusions of
Law and Recommendation; and
WHEREAS, on April 27, 20,11 and pursuant to BIMC Section 2.16.120, BIMC Chapter
18.3 8, BIMC Section 17.04.095, and BIMC Chapter 18.108, the City. Council considered
approval of the proposed preliminary subdivision, site plan and design review, and conditional
use permit for a Tier 3 Housing Design Demonstration Project at a closed record public meeting;
now, therefore,
-e
T"'J'13,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DOES RESOLVE AS FOLLOWS:
Section 1. The Findings of Fact, Conclusions of Law and Recommendation of the
Hearing Examiner (File No. SUB/SPR/CUP 15 540), 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 with the following addition to Condition 23: All significant trees and tree stands located
in the perimeter landscape area must be retained.
Section 2. As modified by the housing design demonstration project program, the
proposed preliminary plat, site plan and design review and conditional use permit are 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 applications for preliminary subdivision approval, site plan and design review
and conditional use permit were submitted to the Department of Planning and Community
Development.
Section 3.. The housing design demonstration project, site plan and design review,
conditional use permit and final subdivision shall be subject to the conditions of approval set
forth in this resolution and Exhibit A.
PASSED by the Council of the City of Bainbridge Island, Washington, this 27th day of April,
2011.
APPROVED by the Mayor on the, ---l- day of April, 2011.
Kirsten Hytopoulos, Mayor
ATTESPAUTHENTICATE:
Dft us%& 71�1 �Q�
Rosalind D. Lassoff, City Clerk
FILED WITH THE CITY CLERK: April 21, 2011
PASSED BY THE CITY COUNCIL: April 27, 2011
RESOLUTION NUMBER 2011-10
Attached: Exhibit A
Findings of Fact, Conclusions of Law and Recommendation of the
Hearing Examiner
RECOMMENDATION OF THE HEARING EXAMINER
TO THE CITY COUNCIL
CITY OF BAINBRIDGE ISLAND
In the Matter of the Application of
Housing Resources Board SUB/SPR/CUP 15540
For Approval of a Housing
Design Demonstration Project
Introduction
The Housing Resources Board requests approval of a Tier 3 Housing Design
Demonstration Project for property in the 500--600 block of Ferncliff Avenue, along the
west side of the street.
An open record public hearing was held on March 18, 2011. Ken Balizer,
Executive Director,, and Charles Wenzlau, Chairman of the Board, represented the
Applicant, and Kelly Tayara represented the Director, Planning and Community
Development Department. In addition, to the testimony by the representatives, John
Whitaker and Robert Dashiell also testified. The record consists of the testimony at the
hearing and Exhibits 1-61.
All references
,to chapters and sections in this recommendation are to the
Bainbridge Island Municipal Code, unless otherwise indicated.
After due consideration of all the evidence in the record, the following shall
constitute the findings, conclusions, and recommendation of the Hearing Examiner to the
City Council on this application.
Findings
1. The Housing Resources Board, hereafter "Applicant", proposes the Ferncliff
Village Housing Design Demonstration Project, the first project to be accepted into the
program established by the adoption of Chapter 18.38. Approval as a Tier 3 Housing
Design Demonstration Project (HDDP) requires approval through the underlying permits,
which in this case are a preliminary subdivision, a conditional use permit, and site plan
and design review.
2. The project would be located in the 500-600 block of Ferncliff Avenue NE along
the west side of the street between Tiffany Meadows Drive and NE Wing Point way.
The property consists of three parcels on 5.97 acres. It is undeveloped and used for
animal pasture. The site slopes gently to moderately up to the west where it is bounded
by the crest of the Winslow ravine.
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ATTACHMENT A
3. The subject site is zoned R-3.5, 12,500 square feet per unit, is designated on the
Comprehensive Plan land use map as Seml*-Urban Residential (SUR), and is within the
Winslow Master Plan Study Area. Properties to the north, south and east are also
designated SUR. Those to the north and south are zoned R-3.5 and to the east, R-2.9. To
the west, properties are designated- MUTC-Gateway and zoned Mixed Use Town
Center—Gateway Overlay District (MUTC-Gateway.).
4. Surrounding development consists of a residential subdivision to the north, to the
cast is construction underway on a residential plat, single-family residential to the south,
and the Winslow ravine and stream to the west with the new Vineyard Lane residential
development beyond the ravine.
THE PROPOSAL
5. The project under review is for the subdivision of the site into 25 lots and then -
construction of an affordable residential development, Femcliff Village. The project
would be developed in two phases,: Phase 1, construction of 24 single family residences
on 24 of the lots along with infrastructure and amenities; and later, after site plan and,
design review approval, Phase II, the construction of 24 multi -family units on the 25t' lot.
The single-family structures would include three housing types, a one story, two-
bedroom rambler, a two-story,, two-bedroom structure and a two. -story, three-bedroom
structure, with floor areas from 900-1,100 square feet. The preliminary concept for the
multifamily development is for Rats. in four-plexes designed to look similar in character
and quality to the single-family structures on the site. Parking would be provided on each
lot or nearby for the single-family units and in parking lots behind the buildings for
multifamily. The project includes a public one-way loop road through the site, public
trails or pedestrian easements east -west through the site connecting Femcliff Avenue to
Cave Avenue, a trail north -south within the site, another easement for a future trail along
the western property line connecting to Cave Avenue, and 3 -ft. wide gravel walking paths
.on both sides of the loop roadway, dedication of 10 ft. of street right-of-way along the
east property line, common open. spaces, some with amenities, and a bus shelter to
accommodate 20 childreno
64 The proposal for handling stormwater runoff includes flow and quality control
through on-site rain gardens, detention ponds in the open space tract at the southeast
comer of the site and in the western portion, dispersion in vegetated areas, off-site
discharge to the storm drain system in Ferncliff Avenue, and discharge to the Winslow
ravine steam, discussed below. Hydraulic Project Approval from the Washington State
Department of Fish and Wildlife may be required-.
HDDP EVALUATION
7. A Tier 3 HDDP requires that at least 50 percent of the units be affordable to the
income levels defined by Section 18.06.565 and remain affordable for 50 years, the units
not be greater in size than 1600 square feet, and that the project include 'innovative site
and building design. Various incentives and modifications to design and development
standards are available to HDDPs. The HDDP approval process includes staff review,
public participation meetings, and Design Review Board (DRB} meetings for review and
evaluation. The Planning Commission is to hold a public meeting and review the permits
SUB/SPR/CUP 15540
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and approvals required in this consolidated permit process. when Applicant proposed
modifications to the project to respond to changes in the economic climate including
proposing detached single-family units instead of duplexes, a second public participation
meeting was held, and then the Planning Commission reviewed that proposed project.
8. The HDDP approval criteria are listed in Section 18.38-070:
A. The applicant clearly demonstrates evaluation factors listed in BIMC
18.3 8.060 as evaluated by the design review board and the department of
planning and community development.
B. The applicant has demonstrated how relief from specific development
standards, including setback reductions, lot coverage and/or design
guidelines, is needed to achieve the desired innovative design and the
goals of this chapter.
C. The project is harmonious in design and appearance with the intended
character and quality of development in the immediate vicinity of the
subject property, and with the physical characteristics of the subject
property.
D. The project does not adversely impact existing public service levels for
surrounding properties.
E. The project complies with all other portions of the BIMC, except as
modified through this housing design demonstration project process.
F, If a project will be phased, each phase of a proposed project must
contain adequate infrastructure, open space, recreational facilities,
landscaping and all other conditions of the project to stand alone if no
other subsequent phases are developed.
9. The staff report, Exhibit 43, describes the evaluation factors and method for
scoring the project in the three areas listed in Section 18.38.060: housing diversity with
regard to unit type and size and affordability; innovative site development as to low
impact development approach, impervious surfaces, landscaping, transportation, compost
area, and biodiversity; and innovative building design practices regarding alternative
energy, energy and water efficiency, green, building materials and accessibility. To
achieve Tier 3 goals, the proposed project roust achieve at least 20 points. in the housing
diversity category, 21 points for innovative site development, and LEER Silver,
BuiltGreen 4, or Evergreen Sustainable Development certification as part of the
innovative design category. Section 18.38.070A requires demonstration of these factors
by the DRB and the Department of Planning and Community Development. Section
18.3 8.0400 assigns responsibility to the, Director to evaluate the project on housing
diversity for which 25 points were awarded based upon the proposal to provide 2/3 of the
housing to households with incomes at or below 80 percent of the area median and 113 to
those between 81 and 120 percent of the area median, a range in unit sizes, and three
SUBiSPP1CUP 15540
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distinct unit types. The Director is to evaluate innovative building design and found the
proposal qualifies as an Evergreen Sustainable Development. Both the Director and the
DRB are to evaluate innovative site development practices. Both determined that .the
project scored more than the minimum points for the low impact development relating to
stormwater management, love maintenance plantings that are native or drought -tolerant,
and common open space design that dedicates significant area to common open space,
proposes significant tree retention, provides neighborhood garden areas, and provides
protection to the stream ravine. The Director prepared written findings of fact and issued
preliminary notification that the project qualifies as a Tier 3 HDDP project. Exhibit 55.
10. The proposal would meet the affordability requirement. of at least 50 percent of
the units "affordable housing" as defined by Section 18.06.565 for use by households
based on the median household income in the Bremerton -Silverdale Metropolitan
Statistical Area. All of the units in the first phase and most of those in the second phase
would be for households below 120 percent of the median household income. Testimony
of Balizer.
11. The specific development standards. that would be modified for the proposal are
addressed in findings related to subdivisions and site plan and design review, below, as is
the project's relationship and affect on the surrounding area and its compliance with other
portions of the Code.
12. , Conditions are recommended to assure that the project continues to meet the
HDDP program criteria, including housing diversity standards.
13. Conditions are recommended to require that the loop roadway, the trail facilities,
the bus shelter, storm water facilities associated with the first phase, bike facilities
associated with the first phase, recreational facilities and landscape buffers be constructed
or installed during Phase 1.
COMPREHENSIVE PLAN
14. 1 At least three goals in the Housing Element of the Comprehensive Plan are
addressed. by the proposal. Goal 1 which is generally to promote a variety of housing
choices in a way that is compatible with the island's character and encourage economic
diversity, and its Housing Policy H 1.5, to encourage innovative residential development
types to increase the variety of choices, would be met by the proposal. The proposal
meets Goal 4, which is generally to promote and facilitate provision of affordable
housing stock, and Housing Policy H 4.1, to pursue strategies to reduce land cost to
encourage housing that will remain affordable by use of density bonuses among other
strategies. Goal 5, to promote and facilitate provision of affordable rental and for -
purchase housing, would also be forwarded by the proposal.
15. Goal 3 of the Transportation Element, to consider special needs of neighborhoods
in development of transportation improvements, and Transportation Policy TR 3.2 to do
this by establishing road standards, and Goal 9 regarding the implementation of the City's
Non -Motorized Plan through Transportation Policy TP 9.2 regarding development of
design standards to carry out the policies of the non -motorized plan, are applicable only
in that the proposal proposes to meet the established roadway standards and will be
SUB/SPR/CUP 15 540
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providing new trails, bicycle stalls and a bus shelter. The Director, Planning and
Community Development Department (hereafter "Director") recommends conditions to
assure that these be provided and in appropriate ways.
16. Goal 6 of the Economic Element seeks provision of affordable housing choices,
which is the intent of the proposal.
CRITICAL AREAS BUFFER
17. Two critical areas affect the site. Because the west property line of the site is at
the crest of the Winslow ravine, and the slope down to the stream is greater than 10 ft. in
height, a buffer to protect the fish and wildlife habitat conservation area is required
extending 25 ft. beyond the top of the ravine, and, in addition, a building setback line of
15 ft. from the edge of the buffer is required. Section 1 b.2O.130B.2(g). Except for
portions of the public trail and easements, the buffer and setback area is proposed to be
undisturbed. The site is also adjacent to a geologically hazardous area because the ravine
meets the criteria for a landslide hazard area with a slope angle that exceeds 40 percent so
Section 16.20.150E requires a buffer the height of the slope or 50 ft., whichever is
eater, from the edge of the landslide hazard area plus a 15 ft. building setback from the
edge of the buffer. The height, and therefore the buffer, ranges from 57-66 feet. The
slope may be used for approved surface water conveyance if no other reasonable
alternative route is available. The geotechnical report for the project, Exhibit 2A.,
recommends that the stormwater not be infiltrated or dispersed within 100 ft. of the
ravine crest and that the existing hydrologic condition of runoff from this portion of the
site contributing to stream flows be maintained, as required by the Code. The: proposal is
to convey runoff from this portion of the site to a detention pond from which there would
be controlled discharge into a pipe that would carry water down the slope to the stream.
A condition of the MDNS requires that the recommendations of a geotechnical engineer
and replanting requirements for stormwater facilities be followed, and the Director
recommends a further condition requiring that an open space management plan to protect
vegetation be submitted and that stormwater systems, be in conformance with the
preliminary civil drawings.
PRELIMINARY SUBDIVISION
18. To be approved, a preliminary subdivision must meet the following criteria:
1. The applicable subdivision development standards of BIMC 17.04.080,
17.04.082 and/or 17.04.085 are satisfied;
2. The preliminary subdivision makes appropriate provisions for the public
health, safety and general and public use and interest, including those
items listed in RCW 5 8.17.110;
3. The preliminary residential subdivision has been prepared consistent
with the requirements of the flexible lot design process unless a flexible
lot standard has been modified as part of a housing design demonstration
project pursuant to Chapter 18.38 BIMC;
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4. Any portion of a subdivision that contains a critical area, as defined in
Chapter 16.20 BIMC, conforms to all requirements of that chapter;
5. The city engineer determines that the preliminary subdivision meets the
following:
a. The subdivision conforms to regulations concerning drainage
(Chapter 15.20 BIMC).
b. The subdivision will not cause an undue burden on the
drainage basin or water quality and will not unreasonably
interfere with the use and enjoyment of properties downstream.
c. The. streets and pedestrian ways as proposed align with and are
otherwise coordinated with streets serving adjacent properties.
d. The streets and pedestrian ways as proposed are adequate to
accommodate anticipated traffic.
e. The subdivision conforms to the requirements of this chapter
and the standards in the "City of Bainbridge Island Design and
Construction Standards and Specifications;" except as otherwise
authorized in BIMC 17.04.080.C.3;
60 The proposal complies with all applicable provisions of this code,
unless the provisions have been modified as part of a 'housing design
demonstration project pursuant to Chapter 18.38 BIMC; Chapters 58.17
and 36.70A RCw; and all other applicable provisions of state and federal
laws and regulations; and
7. The proposal is in accord with the city's comprehensive plan.
Section 17.04.094.
19. Section 17.04.080 provides that the number of lots shall not exceed the density
provisions of Title 18. Section 18.3 8.090 provides a density bonus as an incentive for a
HDDP allowing up to 2.5 tunes the base density. The base density for the site is 20.8
units so 52 units would be allowed. The proposal for 48 units is 2.3 times the base
density, so within the density allowed.
20. Section 18.38.080A allows reduction of the minimum lot size of 5,000 square
feet, Section 17.04.080A.2 with service by a public sewer system, for an approved
HDDP, and reduction of the minimum lot dimensions if approved by the Ktsap County
Health District. The smallest lot proposed is approximately 2,533 square feet. The
minimum lot width proposed is approximately 32 feet. The Health District approved the
preliminary plat with . the proposed lot sizes and dimensions. The reduced lot sizes would
allow the greater number of units necessary to offset the cost of the low impact design
and sustainable construction and to support the affordability of the proposed units.
21. The maximum lot coverage for the R-3.5 zone is 25 percent. Section 18.24.050.
As an incentive for the HDDP, maximum lot coverage is to be evaluated as part of the
evaluation criteria in Section 18.38.060B. Section 18.38.080. As unit size may not
SUB/SPR/CUP 15540
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exceed 1,600 square feet, the Director recommends a condition limiting lot coverage of
1,600 square feet for each of Lots 1-24 and the balance of up to 26,600 square feet for
Phase II, based on the 25 percent maximum. The proposed coverage is approximately
11.5 percent of the area.
22. Open space requirements of Section 17.04.082 do not apply to HDDPs, according
to Section 18.38.0800, but open space in the project is part of the evaluation criteria for
thoseJro'ects. Over 40 percent, or 2.5 acres, of the site is designated as open space in
p
four tracts on the preliminary plat. In Tract F, a recreation area, a "pea patch"
neighborhood garden and play structures are proposed. The Director recommends
conditions requiring a bus shelter within open space 'Tract A and submission of an open
space management plan for approval.
23. Section 18.38.080E provides for reduction of required Title 17, Subdivisions, and
Title 18, Zoning, setbacks. Setbacks are proposed to be reduced to the minimums
allowed in that section to accommodate the number of residential units needed for
viability of the affordable housing project. The Director recommends a condition of
approval allowing those minimums provided that the Building Official and Fire Marshall
may modify those if needed to provide for the public safety.
24. Section 18.38.080.E allows reduction in required roadside buffers considering any
existing vegetation and buffering provided by surrounding properties. while the
provisions of Section 17.04.080 applicable to R-3.5 Zoned land does not require roadside
I andscape buffers unless necessary to reflect neighboring development patterns, a full
screen 15 ft. wide roadside landscape buffer reflecting neighboring development patterns
isro osed on that portion of the plat bordering the street that is not one of the open
p p
space areas.
25. The proposed preliminary plat complies with the provisions of the flexible lot
standards with modifications that are permitted for an approved HDDP development as
described above. Those modifications are necessary to fully 'implement the goals.
26. The public use and interest would be served by the provision of housing in a
project that meets the goals of the HDDP program. As shown in various other findings,
the proposed plat makes adequate provision for public health, safety and welfare with the
existing infrastructure with _improvements proposed or recommended for open space,
drainage ways, streets, pedestrian and bicycle ways.. transit, potable water, sewer, and
safe walking conditions for students to reach bus stops.
27. The Director recommends a condition requiring payment of any applicable school
impact fee at the time of building permit issuance for any residential unit, so adequate
provision is made for schools.
28. The preliminary plat, with recommended conditions, complies with all applicable
provisions of the flexible lot design provisions with the modifications allowed an
approved HDDP as provided in Ch. 18.3 8.
29. The proposed plat with the recommended conditions conforms to the critical areas
requirements of the flexible lot provisions as modified for approved HDDPs for those
portions of the property containing critical areas buffers.
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30. A traffic impact analysis (TIA) was submitted June 30, 2010, Exhibit 52, to assess
the traffic impacts associated with the project as it. existed at that time. The TIA
projected that the project would generate a total of 340 trip movements per day with 33
during the PM peak hour, and that the level of service (LOS) at affected intersections
would remain in the acceptable LOS A to LOS. B range. The TIA preliminarily
determined that the -proposed entrance and exit to and from the site would provide
adequate sight distances. The Public 'Works Department issued a Certificate of
Concurrency for 340 average daily trips based on the TIA showing that transportation
facilities are adequate for that number of trips. Exhibit 59. Though the project was
modified to substitute detached single-family residences for duplexes after the
preparation of the TIA, the number of bedrooms was reduced making it likely that any
increase in trips generated would be minor and unlikely to reduce the LOS at
intersections to an unacceptable level.
31. The Department of Public works reviewed the preliminary plat and determined
that the subdivision, as proposed or with the recommended conditions, conforms to
regulations concerning drainage, will not cause an undue burden on the drainage basin or
water quality and will not unreasonably interfere with the use and enjoyment of
properties downstream; that the streets and pedestrian ways align with and are
coordinated with streets serving adjacent properties and are adequate to accommodate
anticipated. traffic; and that the subdivision conforms to the requirements of Ch. 17..04
and the standards in the City of Bainbridge Island Design and Construction Standards and
Specifications except for variations approved by the City Engineer. Exhibit 58. That
department conditioned its preliminary approval on a series of conditions, recommended
by the Director as conditions of preliminary subdivision approval.
32, At hearing and in the earlier HDDP public process, comments were made that a
pull out for school buses and transit should be required to avoid a hazardous condition.
One concern expressed. at the hearing was that buses stopped in traffic lames would cause
drivers to divert from Ferncliff to other streets. The alternative route, however, was
described as less attractive, if not impractical, as it would involve a left turn onto Tiffany,
a narrower street, then a turn onto Meadow, a turn onto wing Point Way and then a left
turn onto Ferncliff Avenue with limited visibility. Traffic officials advised staff that a
bus stopping in a traffic lane is regarded as a positive traffic calming measure and not a
hazard.
33. The Fire Marshall, Bainbridge Island Fire Department, reviewed the proposed
preliminary plat and found the utility plan to be acceptable. Exhibit 28. Conditions are
recommended to assure compliance with the Fire Code.
34. The project received non-binding commitments for water and sewer system
capacity from the Department of Public works, Exhibit 15, and it was found eligible for
connection to the systems. The project received preliminary approval from the Kitsap
County Health Department for water supply and sewer. Exhibit. 25.
35. Kitsap Transit provides bus service on Ferneliff Avenue.
36. The Bainbridge Island Municipal Parks and Recreation District indicated that it is
satisfied with the proposed provision of non -motorized trails and easements. Exhibit 23.
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37. The proposed plat with recommended conditions complies or will comply with all
provisions of local, state and federal laws and regulations.
38. As found previously, the proposed plat is consistent with the goals and policies of
the comprehensive plan providing affordable housing in close proximity to the downtown
area and providing facilities to encourage residents to use non -motorized transportation.
39. The public use and interest would be served by the proposed subdivision that
would provide new lots for new housing, both single and multi -family, close in and
affordable, protection for critical areas, open spaces, trails for the public use, and
amenities for residents' use.
SITE PLAN AND DESIGN R,EVIEw
4.0. The .decision criteria for site plan and design review relevant to the project are:
A. The site plan and design is' in conformance with applicable code
provisions and development standards of the applicable zoning district,
unless a standard has been modified as a housing design demonstration
prof ect pursuant to Chapter 18.3 8 B IMC;
C. The locations of the buildings and structures, open spaces, landscaping,
pedestrian, bicycle and vehicular circulation systems are adequate, safe,
efficient and in conformance with the nonmotorized transportation plan;
D. The proposal will be served by adequate public facilities including
roads, transit, water, fire protection, sewage disposal facilities and storm
drainage facilities;
B. The site plan and design is consistent with the design guidelines of
Chapter 18.41 BIMC, or other applicable design guidelines of the zoning
district, unless strict adherence to a guideline has been modified as a
housing design demonstration project pursuant to Chapter 18.3 8 BIMC;
P. No harmful or unhealthful conditions are likely to result from the
proposed site plan;
G. The site plan and design is in conformance with the comprehensive
plan and other applicable adopted community plans and
H. Property subject to site plan and design review which contains a critical
area, as defined in Chapter 16.20 BIMC, conforms to all requirements of
that chapter.
Section 18.105.060.
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41. Section 18.3 8.080E allows an additional 5 ft. of height over the 25 ft. allowed by
Section 18.24.070 as a bonus through the HDDP ;approval process. Staff recommends a
condition limiting height to 30 ft. for the multi -family development as a means of
limiting the building footprint to minimize impervious surface coverage. No height
bonus is proposed for the single --family development.
42. Section 18.38.080D allows modification of the residential parking requirements in
Ch. 18.81 to one space for homes under :800 square feet, 1.5 for homes 800-1,500 square
feet, and two spaces for homes larger than 1,500 square feet, but not less than one space
per unit even with other allowable reductions. The proposal is for two spaces per single
family dwelling unit or 48 spaces, and 36 for the multi -family units, or 1.5 spaces per
unit, for a site average of 1.75 spaces exceeding both the requirement under the HDDP
provisions and the Ch. 18.81 provisions that would allow reduction by 50 percent
because the site is within one-half mile of the ferry terminal.
43. Parking for the multifamily units is proposed to be located in lots behind the
building they serve. Though location of parking is encouraged to be behind, under or to
the side of buildings, most of the parking spaces for the single-family residences are to be
located in front of the buildings, immediately adjacent to the loop roadway. Locating the
parking to the side or back would 'require more space devoted to driveways and likely
more impervious surface. For the four lots that do not front on the internal loop roadway,
proposed Lots 10, 11, 12, and 13, parking is proposed in reserved spaces in parking
easements nearby and adjacent to the roadway. Design standards for parking of Section
18.81.070 would be met. The Director proposes that a condition be imposed requiring
compliance with the design standards and to assure parking spaces do not extend into the
shoulder areas off the loop road.
44. Section 18.81.080 requires that parking lots and driveways provide well-defined,
safe ' and efficient circulation, that raised curbs be used to define entrances from public
rights-of-way and pedestrian walkways to buildings and to define ends of parking aisles
and indicate the circulation pattern, and that walkways be provided for safe access to
buildings from parking and the public right-of-way, have nonskid hard surfaces and meet
accessibility requirements. The City Engineer determined that the proposed parking lot
for the multifamily units is well defined, safe and efficient. Conditions are proposed to
require a contrasting, nonskid surface where walkways cross the roadway and a path to
connect the multi -family development with the recreation area.
45. Section 18.81.120 requires a fence or vegetation barrier where a parking lot abuts
side or rear setbacks, as the parking for the multifamily development would. A. full
screen 15 ft. wide buffer is proposed along the north boundary.
46. Section 18.81.140 requires one bicycle space for every five parking spaces for
multifamily development. The requirement would be for approximately seven bicycle
spaces, however because the intent of the HDDP is to reduce reliance on automobiles and
promote bicycle use, the Director recommends a condition of approval requiring 24
bicycle stalls, with at least 16 covered stalls located to serve the multifamily units and 8
stalls close to the public trail.
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47. Section 18.85.060 requires that all significant trees and tree stands in the
perimeter landscape areas be retained, and in the interior either 15 percent of the total
number of significant trees or 30 percent of the significant tree canopy be retained. The
tree retentionp lan submitted showed retention of 30 percent of the tree canopy. Exhibit
60, Sheet 10. The Director recommends a condition to avoid impacts to significant trees
during construction.
48. The proposal includes a 15 ft. wide perimeter landscape buffer along the north
boundary of proposed Lot 25 and between the entrance to and exit from the loop road
along Ferncliff Avenue. The buffer is required to be a full screen by Section 18.85.070
and a condition is recommended by the Director to assure compliance.
49. Though site plan and design review is required under Ch. 18.105 only for the
multifamily portion of the proposal, the entire site was reviewed as part of the HDDP
process for innovative site development. Staff and the DRB observed that the design and
recommended conditions work to integrate the single family and multifamily elements of
the site. The design locates buildings so as to provide open space and buffers around the
perimeter, and wide separation from the critical areas and buffers. The .design shows an
integration of the parts so that all units have access to and are served by the trails,
roadway and open spaces. The locations, open spaces, landscaping, and pedestrian,
bicycle and vehicular circulation systems were shown to be, with the conditions
proposed, adequate, safe and. efficient.
50. As findings above show, public facilities are either adequate or improvements are
proposed, or conditions are recommended for improvements, to make them adequate for
transportation, water, fire protection, sewage disposal and storm drainage.
51. Design guidelines in Ch. 18.41 do not apply to development in the R-3.5 zoning
district.
52. The development, as proposed and conditioned through SEPA, would not result in
any harmful or unhealthful conditions.
53. As findings above show, the proposed development supports the goals of and is in
conformance with the comprehensive plan.
54. The proposed development conforms to the requirements of Ch. 16.20 for critical
areas providing the required protective buffers and conditions are recommended to assure
the continued protection.
CONDITIONAL USE PERMIT
55. Multifamily dwellings are conditional uses in the R-3.5 zone, according to
Section 18.24.030H.
56. The criteria for conditional use approval are as follows:
1. The conditional use is harmonious and appropriate in design, character
and appearance with the existing or intended character and quality of
development in the immediate vicinity of the subject property and with the
physical characteristics of the subject property; provided, however, that ,in
SUB/SPR/CUP 15540
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the case of a project being processed under Chapter 18.38 BIMC, any
differences in design, character or appearance that are in furtherance of the
purpose and decision criteria of that chapter shall not result in denial of a
conditional use for the project;
2. The conditional use will be served by adequate public facilities
including roads, water, fire protection, sewer disposal facilities and storm
drainage facilities;
3. The conditional use will not be materially detrimental to uses or
property in the immediate vicinity of the subject property;
4. The conditional use is in accord with the comprehensive plan and other
applicable adopted community plans, including the nonmotorized
transportation plan;
5. The conditional use complies with all other provisions of this code,
unless a provision has been rnodf'ed as a housing design demonstration
project pursuant to Chapter 18.38 BIMC;
6. The conditional use will not adversely affect the area or alter the area's.
predominantly residential nature;
7. All necessary measures have been taken to eliminate the impacts that
the proposed use may have on the surrounding area; and
8. If a conditional use is processed as a housing design demonstration
project pursuant to Chapter 18.38 BIMC, the above criteria will be
considered in conjunction with the purpose and decision criteria of
Chapter 18.3 8 BIMC, and in bight of the goals and policies of that chapter.
Section 18.108.040A.
57. The intention is that the design of the site and the variety of roof forms and
window types, materials consistent with those used in the area, and massing would be
harmonious with the character and quality of the single family development on site and of
the development in the surrounding area. Though design _guidelines of Section 18.41.060
do not apply to multifamily development in the R-3.5 zoning district, Applicant has
agreed to apply those guidelines to the Phase II development and seek DRB review. The.
Planning Commission recommended that this be included in a condition of approval to
assure compliance with those guidelines.
58. The existing and , proposed infrastructure is adequate, or with the recommended
conditions, will be adequate for the transportation, fire protection, water, sewage disposal
needs, and storm drainage for the proposed development.
59. The multifamily development proposed for the conditional use permit would not
be materially detrimental to uses or property in the immediate vicinity.
60. The conditional use would be in accord with comprehensive plan goals and
policies and with the Winslow Master Plan Study Area, as it provides affordable housing
SUB/SPR/CUP 15540
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in closep roximity to downtown area, housing diversity and choice, and facilities to
encourage use of non -motorized transportation options.
61. The conditional use, with the conditions recommended by staff, would comply
with all provisions of the Municipal Code, as modified pursuant to the HDDP provisions
of Chapter 18.38. Those modifications were shown to be appropriate to achieve the goals
of the program.
62. The conditional use for multifamily development would not adversely affect or
alter the residential nature of the area with its extensive open space, retention of trees,
vegetated screens, and interior roadway.
63. Between the incorporation of low impact development measures into the design,
generous on-site parking, and the conditions imposed as a part of the MDNS and those
g
proposed by the Director, all necessary measures have been taken to eliminate impacts
the use might otherwise have.
64
As addressed in earlier findings, the project with its multifamily housing
component would meet the goals and policies of the HDDP program in that it would
provide sustainable development that increases the housing choices available to all
economic segments of the community.
5. Because site plan and design review would be valid for five years, the multifamily.
6 p g
portion of the proposed HDDP is to be developed in Phase II, and conditional use permits
expire in . three years if application for a building permit is not filed within that period,
Applicant seeks approval, as authorized by Section 18.108.060 for an extended life, for a
five year time period for the conditional use permit.
RECOMMENDATIONS AND PROCEDURAL COMPLIANCE
66. The City's responsible official issued a Mitigated Determination of
Nonsignificance (MDNS) on February 18, 2011. Exhibit 30. Conditions required a bus
shelter with landscaping, more visible crosswalk with signage across Ferndale, enclosure
and screening of solid waste containers for the multifamily development, complying with
the recommendations of a geotechnical engineer for site development and replanting for
stormwater facilities installed within the ravine slope or buffer, copies of any approvals
required from public agencies, and addressing potential archaeological resources. The
MDNS was not _appealed.
67. The public commented on the original proposal, and again after the proposal was
modified, in the public participation meetings, to the Planning Commission, DRB, and to
the hearing examiner. The comments addressed concern about increased density and
traffic, lack of a bus pull-out, crosswalk visibility on Ferncliff, screening, impacts to
utility infrastructure, the financial feasibility of the proposal and the financing
arrangements for construction and eventual purchasers, its long-term maintenance,
whether the HDPP oints given for proposal were warranted, lost opportunity to relocate
historic buildings on the site, possible hazard from detention ponds, among others. Many
g
of the comments and concerns resulted in changes to the proposal, SEPA conditions, or
recommended conditions. The record contains public comments in support of the
proposal, as well.
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.68. After thorough consideration of the proposal, the Planning Commission
recommended approval of the Ferncliff Village project in terms of conformity with the
HDDP, the preliminary subdivision requirements, the site plan and design review
requirements, and the criteria for conditional use permit.
69. The Director recommended approval of the preliminary subdivision, site plan and
design review, and conditional use permit, with conditions, and the HDDP.
70. Notice of thepublic hearing was posted on the property February 28, 12011,
published in the official news -paper February 25, 2011, and mailedto the applicant and to
the addresses within 300 ft. of the subject property on February 23, 2011 Exhibit 38.
71. The Hearing Examiner is authorized by Section. 2.16.110C to hold a public
hearing and make a recommendation to the City Council for, its decision on a preliminary
subdivision.
Conclusions
1. The Hearing Examiner has jurisdiction to hear and make a recommendation on
this application.
2. Notice was given as required by Section 2.16.085D.
3. The . findings show that the criteria for preliminary subdivision in Section
17.04.094 are met or, with the recommended conditions, would be met in that the flexible
lot standards as modified by provisions of Ch. 18.38 for HDDPs are met; the public
health, safety, and general public use and interest including the items in RCW 58.17.110,
areprovided for; the subdivision is consistent with the requirements of the flexible lot
de'sign process, as modified by Ch. 1,8.38; critical areas are protected; the plans are
consistent with drainage regulations; the subdivision will not unduly burden the drainage
basin or water quality nor interfere with use and enjoyment of properties downstream; the
streets I are coordinated and adequate for the traffic; the plans conform, to the requirements
of the Subdivision Chapter and the standards in the City of Bainbridge Island Design and
construction Standards and Specifications; it complies with all requirements of City, state
and. federals laws and regulations; - and the subdivision is in accord with the
I
comprehensive plan. Therefore, the preliminary subdivision should be granted subject to
the recommended conditions.
4. The findings also show that the criteria listed in Section 18.105.060 for site plan
and design review approval are met in that the plan and -design are in conformance with
all applicable code provisions; the design sites buildings appropriately and provides
adequate open spaces, landscaping, roads, transit water, fire protection, sewer facilities,
and storm drainage facilities and safe and efficient non -motorized and vehicular
circulation consistent with the non -motorized transportation plan; would not result in
harmful or unhealthful conditions; is in conformance with the comprehensive plan; and
conforms to the requirements of Ch. 16.20 for critical areas so approval of the site plan
and design review should be granted.
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5. The criteria for conditional use permit approval in Section 18.108.040A are met
by the proposal for multifamily housing in that the findings show that it would be
harmonious in. design character and appearance with its surroundings; it would be served
by adequate infrastructure; it would not be materially detrimental to other uses or
property in its vicinity; it would be in accord with the comprehensive plan and other
adopted plans; it would not alter the predominantly residential nature of the area; and
impacts of the use on the area have been appropriately eliminated. With all criteria
satisfied, the conditional use permit should be granted.
6. The evaluation conducted by the DRB and the Director described in the findings
concluded that the applicant did demonstrate that the project meets the evaluation factors
in Section 18.38.060, and the findings show that relief from specific development
standards is needed to achieve the design and the goals of the HDDP chapter. The
findings show that the design and appearance of the proposed project will be harmonious
with the character and quality of development in the vicinity and the characteristics of the
subject site; the: project would not adversely impact existing public service levels; the
project complies with Code provisions; and each of the phases Will include adequate
infrastructure,, open space, recreational facilities, landscaping and other conditions to
stand alone. The proposal meets the required housing diversity standards and a condition
is proposed to require that at least 50 percent of the units remain affordable for the
required period. The HDDP should be approved.
Decision
The proposed preliminary subdivision, site plan and design, and conditional use
permit for project as a Tier 3 HDDP should be approved subject to the conditions
recommended by staff as modified herein, contained in Appendix A.
Entered this 3 1 st day of March., 2011.
/s/ Margaret Klockars
Margaret Klockars
City of Bainbridge Island
Hearing Examiner pro tem
Concerning Further Review
The City Council will hold a public meeting to consider the application. A
decision by the City Council is final unless, within 21 days after its issuance, a person
with standing appeals the decision in accordance with Ch. 36.700 RCW.
SUB/SPR/CUP 15540
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APPENDIX A
SEPA MDNS Conditions
1. To avoid environmental impacts and potential risk of ravine slope instability, the
applicant shall follow the recommendations of a geotechnical engineer for site
development, including site preparation, excavation, construction, vegetation
management and stormwater facilities. The applicant shall meet the replanting
requirements of BIMC 15.20 for stormwater facilities installed within the ravine
slope or its buffer.
2. To avoid or mitigate environmental impacts, Washington State Department. of
Fish & wildlife Hydraulic Project Approval may be required prior to construction
of storm drainage facilities on this project. Copies of any required approvals must
be submitted to the City prior to construction. A copy of all public agency
approvals and approved drawings shall be given to all contractors performing
work at the site prior to beginning any construction work.
3.0 To avoid impacts to archaeological resources, contractor is required to stop work
and immediately notify the Department of Planning and Community
Development and the Washington State Office of Archaeology and Historic
Preservation if any historical or archaeological artifacts are uncovered during
excavation or construction.
4. To mitigate public service impacts, the applicant shall provide a bus shelter
designed to accomodate approxi
mmately 20 school children. The shelter shall be
located in the northeast corner of the property within "Open Space Tract A"
and/or the adjacent right-of-way.
5. To mitigate public service impacts, the applicant shall install a painted or
thermoplastic crosswalk and appropriate related signage across Ferncliff Avenue
at its intersection with Tiffany Meadows Drive. Installation shall be to the
satisfaction of the City Engineer.
6. To mitigate aesthetic impacts, where feasible considering sight distance and
safety, landscaping to screen the bus shelter from the adjacent property to the
north shall be provided. Solid waste containers associated with the multi -family
development shall be enclosed on ,all sides and screened with vegetation; chain
link fencing shall not be used.
7. To mitigate public service and aesthetic impacts, the bus shelter, related
landscaping and the crosswalk shall be installed 'or assured prior to final plat
approval; an assurance device shall provide for construction within one year of
final plat approval. The location and design of the shelter and related landscaping
shall be to the satisfaction of the Department of Planning and Community
Development and the City Engineer.
Project Conditions
SUB/SPR/CUP 15540
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8. The project must substantially conform to the Housing Design Demonstration
Project (HDDP) program criteria for housing diversity, innovative site
development and innovative building design as demonstrated in the HDDP
evaluation scoring and applications for the underlying land use permits, except as
otherwise conditioned through this approval:
a. The completed project must provide that least 50 percent of the units remain
affordable. A proportional amount of affordable housing units must be
completed at or prior to completion of any market rate units.
b. The maximum home size is 1600 square feet.
c. The project must achieve the HDDP development standards related to Low
Impact Development; prior to final plat approval, the applicant shall allocate
impervious surface coverage for each of the lots and, where applicable, within
the open space tracts. The final civil plans shall substantially conform to the
capacity and facilities presented in the preliminary civil design drawings.
d. The project must provide landscaping, open space, and transportation
elements that substantially conform to those presented in the preliminary
drawings.
e. The project must achieve LEED Silver, BuiltGreen 4 or Evergreen
Sustainable Development certification for each of the lots/units. Building
permit applications, construction and final occupancy shall comply with the
certification provisions of BIMC 18.38.040.H.
9. As a phased project, each phase must contain adequate infrastructure, open
space, recreational facilities, landscaping and all other conditions of the project
to stand alone if no other subsequent phases are developed. The roadway and
related improvements, public trail improvements, bus shelter and related
improvements, recreational facilities including play structure(s), bicycle facilities
not associated with Phase II, landscape buffers, and stormwater facilities
supporting Phase I, shall be constructed or assured prior to final plat approval
and prior to issuance of any construction permit for Phase II, unless the building
permits for both phases are issued simultaneously.
10. The applicant shall submit complete building permit application for Phase II, the
multi -family buildings, within five years of the final decision on the application for
Site Plan and Design Review and Conditional Use Permit; a one-year extension
may be granted by the Director in accordance with the provisions of BIMC
18.105.100 and 18.108.070.
a. The applicant shall apply BIMC 18.41.060, Design Guidelines for Multi-
family Development in the R--8 and R-14 Zones, to the multi -family buildings
in Phase II provided; that the guideline entitled "Screening Surface Parking"
is satisfied by the 15 foot width full -screen vegetated buffer, shown on the site
plans and conditioned through this report. The applicants shall seek a
recommendation of approval from the Design Review Board regarding the
multi -family portion of the site prior to construction of Phase II, the multi-
family buildings.
SUB/SPR/CUP 15540
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1. Prior to any construction activities, appropriate permits, including but not limited
to right-of-way permits and license agreements, road approach permits, clearing,
grading, and building permits, shall be obtained from the City.
12. Except for modifications reflecting compliance with thes'e conditions of
approval, the completed development shall substantially conform to the
preliminary subdivision drawings pages 1-8 received December 30, 2010, and
pages 9-10 received March 17, 2011, plan sheet AS2.1, and the landscape'
drawings received June 30, 2010. The final subdivision drawings shall depict
individually the buffer, building setback, and open space setback from the ravine.
Upon final plat submittal, the applicant shall submit landscape and civil drawings
that reflect these conditions of approval; the drawings shall show the location
and,, as applicable, provide detail of the bicycle facilities, the bus shelter, solid
waste . facilities, mailboxes, neighborhood garden area, and recreation area
facilities including the play structure. The final drawings may reflect changes,
such as those related to utility easements, parking facilities, and pedestrian
facilities, as conditioned through this approval.
13. If a school impact fee is in effect at the time of building permit issuance, it shall
be the responsibility of an applicant constructing the residential unit to pay the
school impact fee (BIMC 15.28).
14. At time of building permit application, the applicant shall submit outdoor
lighting plans that demonstrate compliance with BIM.0 15,34, Outdoor Lighting
on Public and Private Property. Freestanding lighting shall have a maximum
height of 14 feet including the base and casing.
15. Construction shall conform to the Department of Ecology Western Washington
Stormwater Manual and the City of Bainbridge Island Design and Construction
Standards. Public and private improvements, facilities, and infrastructure,, on and
off the site that are required for the subdivision, shall. be completed and have
final *Inspection and approval prior to final plat approval. The applicant shall
comply with the following conditions to the satisfaction of the City Engineer:
a. A Transportation Facility Certificate of Concurrency has been issued for
this project in accordance with provisions contained in BIMC 15.40.
Acceptance by the applicant of this preliminary plat approval shall
constitute agreement in writing 6nting to construct and install all street
improvements and make necessary dedications as conditioned. All
dedications shall be shown on the final plat.
b. The applicant shall provide a 30 -foot width right-of-way dedication from
the existing center line along the entire length of the property's Ferncliff
Avenue frontage, including any areas previously dedicated,
c. The development shall provide, at a minimum, ten -foot width non -
motorized public trail right-of-way/trail easements as depicted in the
preliminary subdivision drawings. The public trail system connecting
Ferncliff and Cave Avenues shall be constructed or assured prior to final
SUB/SPR/CUP 15540
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plat approval; an assurance device shall provide for construction within
two years of final plat approval.
i. The trail shall be constructed to provide no less than a five foot width
surface, and shall consider accessibility.
ii. A contrasting, nonskid surface shall be installed where the trail crosses the
roadway.
iii. The finalg
lat drawing and civil plan shall be revised to align the trail
p
where it intersects the roadway to provide a minimal crossing area.
iv. A path no less than three feet in width shall provide a connection between
Lot 25 and Tract F to provide access to the public trail and recreation
facilities. This path shall consider accessibility.
d. The development shall provide, at a minimum, a ten -foot width non -
motorized public trail right-of-way or trail easement along the west
property line from the north property boundary to connect to the Cave
Avenue right-of-way.
e. Vehicular access to the development shall be limited to a one-way public
street with ingress/egress via Ferncliff Avenue, The roadway shall meet
the Residential Optional Suburban Street Standard.
i. The roadway shall be located within a minimum 20 foot width dedicated
right-of-way, and shall include a 12 foot width paved driving surface and
three foot width gravel shoulders on each side.
ii. where feasible with regard to stornawater facilities, raised curbs shall
define the entrance to the multi -family parking lot from the internal public
roadway, define the ends of the multi -family parking lot aisle, and, if
applicable, define pedestrian walkways from the internal roadway to the
multi -family buildings.
iii. Pedestrian walkways shall be provided to assure safe access from the
parking area serving the multi -family buildings and to single-family
residences where the associated parking is not located on the lot it serves.
Walkways shall be surfaced with nonskid hard surfaces.
iv. where pedestrian walkways and/or trails cross vehicular driving. lanes, the
walkways shall be constructed, of contrasting materials.
v. The roadway shall provide a minimum of three turnouts. while
"standing" is permitted, "parking" is not permitted in the turnouts. The
turnouts shall be appropriately signed.
vi. Mailboxes for the entire development shall be located at the turnout
nearest the ingress from Ferncliff Avenue.
vii. Parking spaces shall meet the design standards of B1MC 18.81. Parking
space dimensions shall not extend onto the shoulder areas.
viii. The roadway shall be designed to accommodate the weight of a 65,000-
pound
5,000pound fire apparatus. Pervious materials are permitted as long as
SUB/SPR/CUP 15540
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applicable design specifications are met and the edges of the shoulders are
clearly visible.
ix. The roadway and shoulders shall provide a minimum 13'6" -overhead
clearance.
x. The entire length of the roadway shall be marked as a fire, lane: No
parking shall be permitted on the roadway or shoulders.
xi. Construction and signage shall be to the satisfaction of the Fire Marshal.
f. The applicant shall provide a new fire hydrant on the southeast portion of
the internal road at its intersection with Ferncliff Avenue to the
satisfaction of the Fire Marshal. New hydrants shall be equipped with a 4"
Storz fitting on the pumper port.
g. water and sanitary sewer main extensions not located in public rights -of
way shall be located in easements no less than 15 feet in width. On-site
main extensions shall be publicly owned and maintained; all mains shall
allow access for maintenance.
h. Prior to final subdivision submittal, the applicant shall submit complete
civil plans and drainage report for the proposed development to the City
Engineer and the Department of Planning and Community Development
for review and approval. The design shall be prepared by a Professional
Engineer licensed in the State of Washington, and shall be in accordance
with BIMC 15.20. Low Impact Development (LID) practices for
stormwater mitigation must. demonstrate compliance with BIMC
15.20.050.
I . The plans shall depict all required improvements, and shall include
roadway details and profiles, sanitary sewer, water, utility and storm
drainage facilities, including easement location and dimensions.
ii. The plans shall address grading, erosion and sedimentation control and
include a Stormwater Pollution Prevention Plan (SVvTPP).
iii. The plan shall depict significant trees required to remain for the completed
development; easements shall .be located to avoid impacts to significant
trees that will be retained.
i. Prior to any construction activities, the applicant shall apply for a National
Pollutant Discharge Elimination System (NPDES) Construction
Stormwater General Permit.
j. Prior to final subdivision approval, the applicant shall provide an
Operations and. Maintenance Plan and Declaration of Covenants approved
by the City Engineer, for all constructed stormwater facilities in
accordance with BIMC 15.21.
k. Prior to final subdivision approval and prior to construction, the applicant
shall provide a drainage easement for stormwater facilities on the adjacent
property (Winslow ravine stream).
SUBISPRJCUP 15540
Page 20 of 22
lb.
17.
1. Binding water availability and sewer availability letters shall be submitted
with final plat application.
m. All lot corners shall be staked with three-quarter inch galvanized iron pipe
and locator stakes along with all other applicable survey provisions of
state and City ordinance.
n. A plat certificate shall be provided with the final subdivision application.
o. BIMC 17.04.119 provides: In lieu of completion of improvements with
conditions of a preliminary plat approval, the City Council may accept an
assurance device, other than a bond, in an amount and in a form
determined by the City Council, which secures and provides for the
construction and installation of improvements or the performance of
conditions within one year, or such additional time as the City Council
determines is appropriate after final ' plat approval. In addition, the City
Council shall require an assurance device, including a bond, securing the
successful operation of improvements for one year after the City's
acceptance of the improvements; provided, that the City Council may,
upon recommendation of the City Engineer or the Director, extend the
term of the assurance device for up to two years for improvements that
will not demonstrate compliance with construction or installation
requirements within one year. In the event an assurance device is provided
in lieu of completion of improvements., a prominent note on the face. of the
final subdivision shall state "The lots created by this subdivision 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 andlor 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. "
The building setbacks are as follows and shall be noted on the final subdivision:
Building to building: Minimum 0 feet*
Building to subdivision boundary: Minimum 5 feet
Building to right-of-way Minimum 10 feet
Building to trail / open space: Minimum 10 feet
*Subject to Building Official and Fire Marshal building permit approval.
The total available lot coverage of 65,000 square feet for the development shall
be allocated on the face of the final plat. The final plat shall reflect maximum lot
coverage of 1,600 square feet per lot for Lots 1 — 24 and 26,600 square feet for
Lot 25; the allocation shall include lot coverage for the bus shelter and covered
bicycle facilities.
18. The maximum building height of multi -family buildings in Phase II is 30 feet;
the maximum height of all other buildings and structures is 25 feet.
19. A minimum of 24 bicycle stalls shall be provided to serve the development. A
minimum of 16 covered bicycle stalls shall be located to provide primary service
SUB/SPR/CUP 15540
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to the multifamily units. The remaining 8 stalls shall be located to within close
proximity to the public trail. Stalls may be located in open space tracts. All bike
facilities shall provide for secure locking of both the frame and the wheels.
20. Prior to issuance of any building permit, applicant shall plant the 15 foot width
buffer areas along the north and east boundaries to, at a minimum, full screen
standards (BIMC 18.85.070.B.1 ). Plantings shall be installed or assured prior to
final plat approval; an assurance device shall provide for installation within one
year of final plat approval, and a maintenance device provided in accordance
with BIMC 18.85.
21. Landscape buffers shall be maintained in conformance with the required
vegetated screen standards. No vegetation within the buffers shall be disturbed
without .approval of the Department of Planning and Community Development
through an approved landscape, clearing, grading, or civil plan.
22. Prior to any construction activity, construction fencing shall be installed in such
a manner as to protect the drip line of significant trees and native vegetation
within open space areas and buffers.
23. Significant trees designated for preservation shall be shown on the final
subdivision. A minimum of 30 percent of the existing significant tree canopy on
the site, or 15 percent of the existing significant trees on site at time of
preliminary plat application, shall be retained. No building, clearing or grading
within the critical root zone of a significant tree designated for preservation shall
occur without a report from a consulting arborist indicating how the tree will be
preserved. If any significant trees are determined to be hazardous by a
professional arborist, they may be removed after a replanting plan has been
approved by the Department of Planning and Community Development.
24. A final Open Space Management Plan shall be submitted with the final plat
application. The approved uses in the final Open Space Management Plan
(OSMP) shall comply with the requirements contained in BIMC 17.04 and
BIMC Title 18. Due to the geologically hazardous nature of the open space
areas, the final O S MP must reflect allowed uses in Tract F, including provisions
for stormwater conveyance and vegetation requirements of BIMC 10.20.
Stormwater systems in substantial conformance with the preliminary civil
drawings shall be permitted in the open space areas. The O SMP shall provide
for use / maintenance of the bus shelter, recreational area, play structure(s), "pea
patch" and any bicycle storage facilities located therein.
25. Conditions 1 — 3; 7 if assured; applicable portions 8; 11; 13; 14; applicable
portions of 15; 16 — 1'8; 20 if assured; and reference to landscape I vegetation
requirements contained in 21 -- 24 shall be listed on the final plat mylar.
SUB/SPR/CTP 15540,
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