RES 2012-06 ERICKSEN URBAN COTTAGESRESOLUTION NO. 2012-06
A RESOLUTION of the City of Bainbridge Island, Washington,
approving Ericksen Urban Cottages, a Mousing Design
Demonstration Project, and the underlying land use permit for
Preliminary Subdivision (File Number SUB13025).
WHEREAS, on September 30, 2011, the applicants for development, Ahn Quach and
Anne T. Quach, received preliminary approval for Ericksen Urban Cottages as a Tier I Green
Building Housing Design Demonstration Project; and
WHEREAS, on October 28, 2011, a preliminary plat application was submitted by the
applicants for development to the Department of Planning and Community Development; and
WHEREAS, the preliminary subdivision application facilitates creation of 16 residential
lots on a 1.08 acre parcel located in the 600 block of Ericksen Avenue; 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 Exahiiner;-and
WHEREAS, on March 22, 2012, the Hearing Examiner conducted an open record public
hearing on the preliminary subdivision application upon proper notice; and
WHEREAS, on April 6, 2012, the Hearing Examiner recommended conditional approval
of the preliminary subdivision for a Tier 1 Green Building Housing Design Demonstration
Project and entered Findings of Fact, Conclusions of Law and Recommendation; and
WHEREAS, on June 6, 2012 and pursuant to BIMC 2.16.110. BIMC 18.38. and BIMC
17.04.095. the City Council considered approval of the proposed preliminary subdivision for a
Tier 1 Green Building Housing Design Demonstration Project at a closed record public meeting;
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 Recommendation of the
Hearing Examiner (File No. SUB 13025), 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.
Section 2. As modified by the Housing Design Demonstration Project program, the
proposed preliminary plat is in conformance with the zoning ordinance, the comprehensive plan,
Page 1 of 2
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 subdivision was
submitted to the Department of Planning and Community Development.
Section 3. The Housing Design Demonstration Project 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 6`h of June, 2012.
APPROVED by the Mayor this 6th day of June, 20'
ATTEST/AUTHENTICATE:
e
Rosalind D. Lassoff, City Clerk
FILED WITH THE CITY CLERK: May 23, 2012
PASSED BY THE CITY COUNCIL: June 6, 2012
RESOLUTION NO: 2012-06
Attached: Exhibit A
Findings of Fact, Conclusions of Law and Recommendation of the Hearing Examiner
Page 2 of 2
EXHIBIT A
OFFICE OF THE HEARING EXAMINER
CITY OF BAINBRIDGE ISLAND, WASHINGTON
FINDINGS, CONCLUSIONS AND
RECOMMENDATION TO CITY COUNCIL
Project: Ericksen Urban Cottages Housing Design Demonstration Project
Preliminary Subdivision
File Number: SUB 13025
Applicant: Alin Quach
132 Harbor Square Loop NE
Bainbridge Island, WA 98110
Request: The Applicant requests approval as a `Tier I Green Building' Housing Design
Demonstration Project (HDDP) through underlying approval to subdivide two
lots totaling 1.08 acres into 16 lots. A Tier I Green Building project requires
Leadership in Energy and Environmental Design (LEED) certification.
Flexibility in employment of development standards furthers the goals of the
HDDP program.
Location: The subject property is located in the 600 block along the west side of
Ericksen Avenue: Lots 1 and 4 of the City of Winslow Short Plat recorded
under Kitsap County Auditor's File No. 1132486 situate in the SW Quarter of
the NW Quarter of Sec 26, Twp 25 N, Range 2 E, W.M. in Kitsap County,
Washington.
Environmental
Review: The project is subject to State Environmental Policy Act (SEPA) review as
provided in Washington Administrative Code (WAC 197-11). Utilizing the
optional DNS process provided in WAC 197-11-355, the City issued a
combined Notice of Application/SEPA comment period on December 9, 2011.
The 14 -day comment period ended on December 23, 2011. The City, acting
as lead agency, issued a threshold determination for this proposal on February
16, 2012; the appeal period ended March 1, 2012 and no appeal of the SEPA
determination was received.
FINDINGS OF FACT
I. Site Ch ar•acteristics
Tax Assessor Information:
• Tax Lot Numbers: 262502-2-106-2004 and 262502-2-109-2001
• Owner of Record: Alin Quach
• Lot size: Total 1.08 acres (Lot 106 = .46 acre, Lot 109 = .62 acre)
• Land use: Vacant land
2. Terrain: The site slopes gently to the southwest.
I Soils: The site contains Kapowsin soils.
4. Site Development: The site contains a 12 inch storm drain and eight inch sanitary sewer line.
5. Access: As conditioned, the access will be a one-way public road with ingress from Knechtel
Avenue and egress to Ericksen Avenue.
6. Public Services and Utilities:
• Police: Bainbridge Island Police Department
• Fire: Bainbridge Island Fire District
• Schools: Bainbridge Island School District
• Water: City of Bainbridge Island
• Sewer: City of Bainbridge Island (Winslow Sanitary Sewer System)
• Storm drainage: collected into onsite underground detention vaults and
eventually discharged into the City's storm water system
7. Zoning/Comprehensive Plan Designation: The subject property is zoned Mixed Use Town
Center — Ericksen Overlay District. The Comprehensive Plan designation is Ericksen
Overlay District. The property is located within the Winslow Master Plan Study Area, which
the Comprehensive Plan targets to receive 50 percent of the Island's future population
growth,
8. Surrounding Zoning / Comprehensive Plan Designation: The surrounding properties are
zoned Mixed Use Town Center — Ericksen Overlay District. The Comprehensive Plan
designation for the surrounding properties is Ericksen Overlay District.
9. Surrounding Uses:
a. North (across Knechtel Way): .From west to east, the three properties are: The Meridian,
a condominium complex; City -owned property containing a parking lot; a house
currently used as a commercial office.
b. East (across Ericksen Avenue): From north to south, the three properties are:
undeveloped; The Bainbridge Building, a multi-farnily apartment building; a commercial
office building.
Findings, Conclusions and
Recommendation to City Council 2
C. South: The propert)' contains a house currently used as a commercial office.
d. West: From south to north., the t%vo properties are: Winslow Mews, a condominium
complex; a commercial office building.
II. Procedural History
10. City staff met with the applicant on several occasions regarding the proposed development. A
conceptual proposal review in accordance with the Housing Design Demonstration Project
(HDDP) program requirements of BIMC 18.38.040, was conducted on October 26, 2010 (City
File No. ITW13025HDDP). Apublic participation meeting, also required in accordance with
BIMC 18.38.040, was held January 31, 2011.
It. A pre -application conference to evaluate Ericksen Garden Cottages, a Tier I Housing Diversity
HDDP subdivision proposal, was held March 2, 2011 (City File No. PRE13025C). The Design
Review Board met on April 4, 2011 and April 18, 2011 to evaluate the proposal and reconunend
to the Director a score for the HDDP Irnzovative Site Development category of the proposal.
A Housing Diversity project must achieve home sizes not greater than 1.600 square feet, with
seven points obtained in the Housing Diversity category. The Design Review Board did not
recommend approval of the Ericksen Garden Cottages proposal, and the applicant received
notification that the proposal did not qualify for inclusion in the program.
12. The applicant subsequently modified the proposal, now known as the Ericksen Urban Cottages,
to a Tier I Green Building HDDP subdivision, and a second pre -application conference was held
September 27, 2011 (City File No. PRE 13025C). Trus time the Design Review Board did not
evaluate the Housing Diversity category for the revised proposal, as Green Building projects are
not required to achieve points in this category.
13. The applicant received notification that the revised proposal qualified for inclusion in the HDDP
program as a Tier I Green building project on September 30, 2011. Application for subdivision
approval was received October 28, 2011. Notices of application and SEPA comment period
were published December 9, 2011. The SEPA threshold determination was issued February 16,
2012 and no timely appeal of the SEPA determination was received.
14. The Housing Design Demonstration Project (HDDP) program requires the applicant to
participate in a community meeting and to consider public input received within the proposal
submitted for the pre -application conference. The public meeting was held on January 31, 2011,
prior to pre -application. Verbal conunents received during public meetings are summarized in
matrices. (Exhibits 1, 14)
The five public comments received on the application focused on concerns regarding:
• Traffic and Infrastructure Impacts: added congestion to an existing overburdened area; the
inadequacy of existing sidewalk facilities
• Density: continued population growth on the Island; limiting the number of units proposed;
the density of 16 units proposed by this application compared to that of the Ericksen Avenue
Cottages ( an l 1 unit multifamily development built in 2002 located three blocks south of
Findings, Conclusions and
Recommendation to City Council
the subject property) and the possible impacts to open space areas and setbacks as a result of
the higher derisity; concern that relief ffoin regulations allowed through the HDDP program
provides "loopholes" that result in denser proiccts; vacancy rates in the condominium
market; impacts on neighborhood property values
Open Space and Tree Retention Requirements: how the HDDP program affects this
subdivision; whether subdivision into 16 lots results in no comirnulity open space; open
space areas and trees and their value as a buffer between conunercial and residential areas in
the inunediate vicinity; vegetated screening; significant tree retention
Design Guidelines: application of the Ericksen Avenue Overlay District guidelines
15. The Kitsap County Health District and Bainbridge Island Fire District conditionally approved
the preliminary plat; their continents are incorporated into the conditions of approval. (Exhibits
9, 10, 21; Conditions 6, 7)
III. Comprehensive Plan Goals and Policies
16. The subject property is located within Winslow, in the Mixed Use Town Center - Ericksen
Avenue Overlay District. Within the Land Use Element the following policies apply:
Winslow Mixed Use and Conlrnercial Districts Goal 1. The Mixed Use Town Center is
intended to have a strong residential component to encourage a lively community during the
day and at night.
(1) Ericksen Avenue Overlay District W 2.10. New buildings within the Ericksen
Overlay District must be constructed so that the overall character of the street,
including traditional building forms, roof shapes, and relationship of building to
street, is compatible with that of the historic structures on Ericksen Avenue.
b. Historic Preservation Goal 3: Archaeological resources found on Bainbridge Island
should be identified, preserved, and/or left undisturbed.
c. Winslow Master Plan
(1) Overall Land Use Goal WMP 2-1. Strengthen Winslow as a sustainable, affordable,
diverse, livable and economically vital conn-lunity by: encouraging downtown
living; promoting the efficient use of land; promoting development that is sustainable
and supports community values.
I. Policy WMP 2-2.3. Minimize driveways and encourage use of joint
driveways.
(2) Overall Land Use Goal WMP 2-3. Maintain and enhance community character in the
Mixed Use Town Center.
i. Policy WMP 2-3.1. Promote architecture that encourages green building.
Findings, Conclusions and
Recommendation to City Council
17. The project provides sustainable development within Winslow; each of the homes will
achieve LEED certification (Condition 10). The project is conditioned to comply with
applicable design guidelines to ensure compatibility with the neighborhood (Condition 13).
The project is conditioned to stop work and notify the Washington State Department of'
Archaeology and Historic Preservation should any artifacts be found (Condition 1). The
parking configuration avoids driveway cuts into Ericksen Avenue or I nechtel Way; relying on a
one-way internal roadway to access the lots.
IV. Zoning compliance: Housing Design Demonstration Projects (BIMC Chapter 18.38)
18. On August 12, 2009 the City Council passed Ordinance 2009-06 establishing the Housing
Design Demonstration Project (HDDP) as a three year pilot program, applicable within the
Winslow Study Area. The program was established to increase the variety of housing
choices available to residents of all economic sectors and encourage sustainable development
through the use of regulatory incentives. On October 6, 2010, the City Council passed
Ordinance 2010-09, an interim zoning measure to encourage innovative housing
demonstration projects by allowing subdivisions in the Mixed Use Town Center zoning
districts. A single-family residential subdivision is only permitted in such districts if the
development qualifies as a HDDP program.
19. HDDP applications are reviewed in accordance with BIMC 18.38.040. The applicant meets
with City staff during the conceptual phase to discuss the goals and evaluation parameters of
a proposed demonstration project. The applicant is required to participate in one or more
community meetings, and to reflect input received from public and staff meetings in the
materials submitted for a pre -application conference. An applicant may submit a land use
application for a housing design demonstration project after completion of conceptual and.
pre -application review, once notified by the City the proposal qualifies for the HDDP
program. The applicant received preliminary notification that the proposed project qualifies
for inclusion in the HDDP program as a Tier I Green Building project in accordance with the
provisions of BIMC 18.38.040.
20. The HDDP program utilizes a tiered quantitative evaluation method, linking sustainable
building goals to incentives. The program goals are scored in three areas: Housing
Diversity, Imiovative Site Development, and Innovative Building Design Practices. To
achieve Tier 1 Green Building goals, the project must achieve LEED certification in the
Innovative Building Design Practices category; the project is not required to achieve scores
in any other category. This project is conditioned to require LEED certification. (Condition
10)
21. The applicant may request that the following development standards from BIMC Title 17
Subdivision and Title 18 Zoning be modified as part of an approved innovative housing
project: Minimum lot dimensions and size, lot coverage, open space, parking, setbacks,
roadside buffers, and building height. The Ericksen Urban Cottages project has requested
modification of the standard requirements for minimum lot size, minimum lot width,
setbacks, maximurn building height and parking space locations.
Findings, Conclusions and
Recommendation to City Council
22. In addition to complying with the decision criteria required for approval of the underlying
subdivision land use permit, an application for an innovative housing der11011stratiOrl project
may be granted if the applicable criteria stated in BIMC 18.38.070 also are met. These
criteria are rather general and many do not apply specifically to a project based on meeting
green construction standards, which construction techniques tend to only affect land use in an
indirect way. Green construction primarily supports land use policies based on achieving
sustainability.
23. The Ericksen Avenue neighborhood still retains a few older structures that survive mainly as
office facilities. It is a mixed-use area with a few large condominium apartment projects,
apartments with ground level small businesses and low -profile office buildings. Since
review for visual compatibility will not occur until the building permit stage, present review
of visual factors can only be pro forma. The applicant's preliminary drawings display
designs in a faux craftsman style that should ft into the neighborhood ambience. The
structures of primary visual concern would be the row of 6 cottages planned along the
Ericksen Avenue frontage. These will not have driveway cuts into the adjacent right-of-way
and will need to be designed to maximize visual variety on the Ericksen Avenue side.
24. Public water and sewer already are available to the site, and the existing downstream storm
water system appears to have adequate capacity to acconuriodate additional flows from the
project site after development. The main area where public service levels could be impacted
by the new development would appear to be neighborhood parking. The base requirement
for the MUTC zone is 2 parking spaces per dwelling unit, and BIMC 18.38.080D specifies
that within an HDDP horses having between 800 and 1500 square feet of floor area provide
at least 1.5 spaces. But these relatively stringent requirements are trumped by the provisions
of BIMC 18.81.040, which allow a 50% reduction of base parking requirements within one-
half mile of the terry terminal so long as the number provided does not fall below 1 space per
unit.
25. The evidence suggests that providing a 50% ferry reduction factor f'or parking requirements
may be overly optimistic. Neighborhood testimony was to the effect that parking congestion
is already a problem. Stephen Shapiro, an owner of the Garden Plaza commercial
development on Knechtel Way just west of the applicant property, stated that his parking lot
routinely gets unauthorized use from drivers seeking an open parking spot. It is also
instructive that the applicant's own March 13, 2012 traffic impact memorandum justifies
using a less generous reduction factor of 25% for site trip generation based on national ITE
standards. With guest spaces, the Ericksen Urban Cottages project proposes 1.3 parking
spaces per unit. At best this is likely only barely sufficient and should not be further reduced.
26. Zoning code modifications requested for this proposal under HDDP authority include relief
from the building height limits and minimum fiont setback requirements of BIMC 18.40.030
and the mandate of 131MC 18.81.050C that parking areas serving dwelling units "shall be
located on the same lot with the building they serve."
27. The bank of 6 small cottage lots along Ericksen Avenue are proposed to be served by
easement parking spaces located to their southwest. There is a clear inconvenience associated
with this arrangement — owners of lots located in the northeast corner of the plat will be
Findings, Conclusions and
Recommendation to City Council
required to walk as much as 175 feet to reach their assigned parking easements. But there are
significant overall design benefits as well. The unpaved convnlon area proposed for the center
of the project, arguably its most attractive design feature, becomes infeasible if interior road
access to the bank of Ericksen Avenue lots is required. Alternatively, these lots could be
forced to be served by individual driveway cuts along Ericksen, an equally unattractive
option. Plus, if additionally burdened with an onsite parking requirement, the viability of the
small lot sizes would become questionable.
28. The development standards table found at BIMC 18.40.030 sets a height limit of 25 feet,
which may be increased to 35 feet if under -building parking is provided. While under -
building garages will likely be provided for the larger lots, no garages at all are anticipated
for the smaller cottage lots. So the applicant is requesting an unconditional option to build to
a 35 foot height on all lots. In the absence of adverse visual impacts in the immediate
vicinity, this appears to be a reasonable request. The smaller lots will not be viable without
upper stories. In like manner, within the 5 districts of the MUTC zone the base front
setbacks range from zero to 15 feet. The determining factor in reviewing a setback reduction
proposal should be the presence or absence of an established neighborhood pattern.
Reducing the setback here will not compromise an existing neighborhood standard.
V. Subdivision Standards
29. BIMC 17.04.94 provides the decision criteria for reviewing a preliminary subdivision. The
preliminary plat approval procedure provides the land use permit framework that underlies
the HDDP process. BIMC Chapter 17.04 also has its own set of standards that often
duplicate or overlap similar provisions in the zoning code articulated in the development
regulations or the HDDP chapter, or sometimes both. The HDDP regulations authorize the
waiver of both specified subdivision and zoning code standards.
30. Within the framework of Chapter 17.04 the authorized HDDP modifications mainly affect
imposition of the flexible lot standards. BIMC 18.38.080A authorizes modification of
"minimum lot dimensions and size, subject to approval by Kitsap County health district."
Planning staff reads this provision as meaning that once the Health Department has approved
the lot dimensions, no further inquiry is mandated. But it is also possible to view this as
meaning that Health Department approval is an essential foundational requirement, but once
obtained further design review is still appropriate within the parameters of Chapter 18.38 as a
whole. This interpretation could make sense in the context that the Health Department's real
interest in the project is probably limited to assuring that sewer and water services will be
adequate. In any event, Health Department approval has been duly secured for this proposal.
31. The minimum lot size for sewered lots is 5000 square feet, and the applicant is proposing lot
sizes ranging between 1147 square feet (lots I 1 through 14) and 2800 square feet (lot 16, in
the southwest corner panhandle). The code mandated minimum lot width is 50 feet, but the
plat proposes lots between 25 and 39 feet in width. Beyond receiving the Health
Department's blessing, the design rationale for approving smaller and narrower lots lies in
creating concentrated energy use footprints and modestly priced smaller urban residential lots
in an area generally dominated by condominiums. Although this project has not formally
qualified for affordable housing or housing diversity status under the HDDP, its design
Findings, Conclusions and
Recommendation to City Council
should nonetheless appeal to retirees and other moderate income smaller households as a
housinb resource that provides convenient access to urban amenities at a reasonable cost.
Mr. Quach also testified to his experience, here and elsewhere, that urban housing designs
routinely accommodate successfully to footprints as narrow as 18 feet.
32. Apart from the MLiTC zone setbacks elaborated at BIMC 18.40.030, the subdivision
regulations impose their own separate menu of setbacks to the flexible lot design process.
The biggest difference between the two schemes lies in their treatment of the Ericksen
Avenue frontage. As a front setback under the MUTC terminology, the plat's Erickson
Avenue frontage would be subject to a 15 to 20 foot setback, while the subdivision setback
would rise to 50 feet based on Ericksen Avenue's status as a collector arterial. As authorized
by BIMC 18.38.080E and requested by the applicant, the minimum HDDP building setbacks
will become zero feet to interior lot lines, 5 feet to exterior boundaries and 10 feet to a road
right-of-way. Absent conflicting neighborhood patterns along existing roadways, the HDDP
and zoning goals to maximize affordable housing development in existing urban areas
support these setback reductions.
VI. Unmodified regulatory standards
33. Due to the presence within the HDDP process of multiple layers of regulation and their
sometimes exotic forms of interaction, it may not be intuitively obvious to the uninitiated
what regulations are being modified and which are not. The Planning Department staff
report does a good job of sorting all this out, but an additional short summary here may also
be helpful. For starters, some customary regulatory requirements are simply not applicable
to the context of the Ericksen Urban Cottages application. Flexible lot subdivision open
space requirements do not apply to HDDP proposals, and flexible lot buffer requirements
only apply to cluster subdivisions (which this is not). Also, as noted above, the standard
MUTC zone minimum parking requirements are modified within the MUTC regulations
themselves based on ferry proximity.
34. In like manner, the base floor area ratio (FAR) is both set and modified by the MUTC zone
regulations themselves. No separate HDDP modification is contemplated- BIMC 18.40.030
establishes the FAR for an Ericksen Avenue project at 0.3 and allows it to be expanded to 0.6
via purchase of development rights. The FAR is calculated on the gross area of the site
before development and thus includes future roads and conunon areas as well as the proposed
lots themselves. The panhandle at the project's southwest corner is excluded from the FAR
calculation because of its narrow width. Thus, for the Ericksen Urban Cottages the gross site
area of 47,200 square feet is reduced to 44,400 when the panhandle is subtracted, resulting in
a hale FAR of 13,320 when a 0.3 factor is applied and expandable to 26,640 with purchase of
development rights. For a 16 lot development the average base FAR per lot would be 832.5
square feet, with the potential maximum average rising to 1665 square feet.
35. The proposal does not seek to exceed the 35% maximum lot coverage standard set for
Ericksen Avenue development by BIMC 18.40.030. Based on the 44,400 square feet total,
this generates a maximum of 15,540 square feet of aggregate lot coverage that can be
apportioned among the 16 lots. The preliminary plat map displays a proposed aggregate
Findings, Conclusions and
Reconunendation to City Councit
footprint total of 14,345 square feet, ranging fro►n 655 square feet each on cottage lots 10
through 1.5 along Ericksen Avenue to 1235 square feet on lots 5 and 9.
36. The applicant will comply with the signiticant tree retention requirements of BIMC
15,85.060, Nvlilch staff has interpreted as mandating the preservation of 5 significant trees
equaling 20% of the site total. Public comments emphasized the visual importance to the
neighborhood of the row of 20 evergreens presently growing along the southwest property
line of the panhandle adjacent to the Winslow Mews condominium complex. The 5 trees
conceptually identified for retention are Iocated at the south end of this boundary row. Based
on this proposal, after development approximately one third of the existing row would
remain.
37. As a small urban development on a flat site unconstrained by critical areas, the proposal
raises no consequential issues with respect to availability of urban services or impacts to
existing facilities. Public water and sewer are available to the site. As conditioned, the
project will conform to the City's regulations governing drainage, not cause an undue burden
on the drainage basin or water quality, and not interfere with the use and enjoyment of
properties downstream. After review of the application's downstream storrnwater
conveyance system analysis, the City Engineer concluded that there is adequate capacity to
serve the project. Stormwater from pollution- generating sources such as roadways and
parking will be treated before discharge into the City stormwater collection system beneath
Ericksen Avenue.
38. The proposed streets and pedestrian ways will be designed to coordinate with streets serving
adjacent properties. The project proposes a new 18.5 foot wide, one-way public right-of-way
with entrance from Kncchtel Way and exit onto Ericksen Avenue. The new right-of-way is
located such that the property abutting to the west may have future access to the travelled
way. The project also provides public improvements to Knechtel Way, including a sidewalk,
curb and gutter, and on -street parking.
39. These streets and pedestrian ways will be adequate to accornnodate anticipated traffic. The
City Engineer reviewed a traffic impact analysis and concluded that the capacity of the
transportation facilities affected by the proposed development will be sufficient to maintain
the current Level of Service (LOS D) standard after site development. A traffic facility
certificate of concurrency has been issued.
CONCLUSIONS
1. The Hearing Examiner has jurisdiction over this proceeding for purposes of making a
recommendation to the City Council. Public hearing notice requirements have been met.
2. The provisions of BIMC Chapter- 18.38 creating Housing Design Demonstration Projects
overlay applicable zoning and subdivision requirements and authorize modification of such
requirements to achieve Chapter goals for housing diversity and imnovative design. Planning
staff has evaluated the Ericksen Urban Cottages proposal and determined that it qualifies for
treatment as a Tier I Green Building project under the HDDP.
t' findings, Conclusions and
Recommendation to City Council
The applicant has requested modification under HDDP authority of zoning and subdivision
standards for Inininluill lot size, lot width and dimensions, setbacks, building height and
parking. HDDP approval requires compliance with the applicable general criteria stated at
BIMC 18.38.070. These criteria are met by the Erickson Urban Cottages application. All
other applicable zoning and subdivision standards will be met.
4. The relief from specific development standards requested by the applicant will achieve the
targeted innovative design and the goals of Chapter 18.38. The efficiencies supported
through the modifications requested lower the impact of urban density development and
contribute to energy conservation. The design innovations support the provision of a variety
of Rousing choices at a reasonable cost, including increased diversity through offering small
single family lots in an area dominated by condominium ownership_
5. Design review to be conducted by Planning Department staff at the time of building permit
application for housing construction will assure that the project is harmonious in appearance
with existing development in the Ericksen neighborhood. The immediate vicinity is
characterized by tnixed-use apartment and office development on a similar scale.
6. Adequate urban public services already exist in the neighborhood and possess the capacity to
accommodate the proposal without significantly impacting current service levels.
The City Engineer has determined that the preliminary subdivision will meet the City's
drainage, road and traffic requirements, including applicable design and construction
standards, These determinations are supported by the evidence of record. The eventual lot
owners will be required to maintain internal public road, drainage, water and sewer facilities,
as well as private conunon areas. At the public hearing the Hearing Examiner suggested that
the staff conditions be modified to include mandatory formation of a homeowners'
association. The applicant has agreed to this modification.
The underlying preliminary subdivision application meets the decision criteria stated at
BIMC 17.04.094, as modified pursuant to HDDP approval. As conditioned, the preliminary
subdivision makes appropriate provision for the public health and safety and serves the
public use and interest. The dedications and easements required as a condition of plat
approval are necessary to meet applicable subdivision and zoning code standards and the
goals and policies of the comprehensive plan,
RECOMMENDED DECISION
The Hearing Examiner recommends that the Bainbridge Island City Council APPROVE the
Ericksen Urban Cottages Housing Design Demonstration Project and its underlying preliminary
subdivision application (file no. SUB 13025), subject to the following conditions of final plat
approval:
Findings, Conclusions and
Recommendation to City Council 10
SBPA Condition
1. To avoid impacts to archaeological resources, a contractor is required to stop work and
Ilnmedlately 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.
Project Conditions
2. Except for modifications reflecting compliance with these conditions of approval, the
completed development shall substantially conform to the preliminary subdivision and civil
drawings received February 24, 2012. At final plat submittal the applicant shall submit
subdivision and civil drawings that reflect these conditions of approval.
3, 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.
4. 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).
5. At time of building permit application, the applicant shall submit outdoor lighting plans that
demonstrate compliance with BIMC 15.34. Freestanding lighting shall have a maximum
height of 14 feet including the base and casing.
6. The project is subject to the following conditions of approval as determined by the
satisfaction of the City Engineer:
Civil construction plans prepared by a civil engineer licensed in the State of Washington
will be required prior to final plat application. Civil construction plans shall contain
design for all roads, storm drainage facilities, sanitary sewer and water- facilities and
appurtenances for each project stage, prepared by the developer's engineer. No building
construction shall be commenced until civil construction is completed or an assurance
device is accepted.
b. As -built civil construction plans are required to be submitted and approved to the
satisfaction of the City Engineer prior to the issuance of a certificate of occupancy.
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
Findi igs, Conclusions and
Recommendation to City Council
Council may, upon recommendation of the City Engineer or the Director, extend the term
of the assurance device for up to two years for improvenrents that will not demonstrate
compliance with construction or installation requirements within one year. In the event an
assurance device is provider in lieu of completion of improvements, a prominent note orr
the face of the final subdivision shall state. "The lots created by this subdivision are
subject to conditions oj'an assurance device held by the Cit} for the completion of
certain necessaryfacilities. Buildingpermits may not be issued and/or occupancy may
not be allowed until such necessary facilities are coTnpleted and approved by the City of
Bainbridge Island. All purchasers shall satisfy themselves as to the status of completion
of the necessary facilities. "
d. A Stormwater Pollution Prevention Plan (SWPPP) is required to be submitted to the City
prior to building and civil construction activities. Stormwater quality treatment, erosion
and sedimentation control shall be designed in accordance with BIMC15.20. The
submittal documents shall be prepared by a civil engineer licensed in the State of
Washington. The SWPPP shall include off-street accommodation for construction
vehicle parking.
e. A maintenance plan shall be developed for the on-going maintenance of the stone
drainage system upon completion of construction. The applicant will provide the City
with a copy of the plan for review upon completion of facilities and approval prior to the
issuance of building permits.
f. The owners or the ownership entity shall be responsible for maintenance of the
permanent on-site storm drainage facilities for this development following construction.
An agreement in the form of a Declaration of Covenant that guarantees the City that the
system will be properly maintained will be required prior to the issuance of building
permits. Wording must be included in the covenant that will allow the City to inspect the
system and perform the necessary maintenance in the event the system is not performing
properly. This would be clone only after notifying the owners and giving them reasonable
time to do the necessary work. Should City forces be required to perform the work, the
owners will be responsible for reimbursement to the City the maximum amount allowed
by law.
g. A 20 -foot wide right-of-way dedication is required measured from the northern line of
applicant's property (as shown on the Adams & Goldsworthy survey, dated 1/7/11) along
the entire length of the property's Knechtel Way frontage.
h. Half street improvements are required along the entire length of the property's Knechtel
Way frontage, limited to curb, gutter, a 5 -foot wide public sidewalk and on -street parking.
i. A handicapped -accessible ramp is required at the southwest corner of the intersection of
Knechtel Way and Ericksen Avenue.
j. Vehicular access to the lots shall be limited to a one-way internal roadway with ingress
from Knechtel Avenue and egress to Ericksen Avenue.
Findings, Conclusions and
Recommendation to City Council 12
(1) A right-of-way dedication is required for the internal roadway, and the location shall
be in substantial conformance with the preliminary subdivision drawing.
(2) The right-of-way shall be 18.5 feet wide from Knechtel Way south for a length of 265
feet and shall be located immediately adjacent to the west property line.
O) The westerly 6 inches of the right-of-way will be available to the applicant to locate
fencing.
(4) The right-of-way width may be reduced to 18 feet to accommodate the guest parking
spaces along the south property boundary.
(5) The right-of-way shall provide a 12 foot wide travel way and shoulder facilities
totaling 6 feet in width; provided, no shoulder shall be less than 2 feet in width.
(6) Transportation facilities shall be reviewed and approved by fire officials during the
civil construction design. All street facilities within the new right-of-way dedicated
to the public will be privately maintained, including stormwater facilities.
Maintenance responsibility shall be designated on the face of the final plat.
k. The developer's engineer shall certify that there is adequate sight distance at the site
entrances and exits. Such certification shall note the minimum required sight distance,
the actual sight distance provided, and a sight distance diagram showing the intersection
geometry drawn to scale, topographic and landscaping features, and the sight triangle.
The sight distance shall meet the requirements of the COBI Design and Construction
Standards.
The existing sewer "lateral" that crosses the subject property is currently a private
facility. The owner of the subject property shall submit to the City an agreement between
that owner and the neighboring parcels that authorizes the new connections to the
"lateral" and that identifies the maintenance responsibilities of both parties; and stating
that the responsibility for maintenance and repair of the sewer "lateral" is solely the
responsibility of the private owner, and indemnifying the City against any future claims
for damages if the City is forced to perform maintenance or repair of the existing sewer
"lateral"
in. Sewer and water utility plans shall be submitted that are designed per BIMC Tinel 3 and
COBI Design Standards, including plan, profiles and details_
n. The owner is responsible for verifying the adequacy of the proposed water main to meet
fire flow requirements pursuant to the City of Bainbridge Island Municipal Code
13.10,065. Fire flow requirements to neighboring property must be maintained. Plans
and calculations showing how this level of pressure will be maintained will be provided
to the city.
o. The owner is responsible for maintenance of the proposed sanitary sewer and water
facilities for this development following construction. The owner of the subject property
Findings, Conclusions and
Recommendation to City Council 13
shall submit to the City an agreement in the form of a Declaration of Covenant intended
for the current and future owners of the new lots (or ownership entity i.e. HOA) stating
that the responsibility for maintenance and repair of the on-site sevler and water facilities
are solely the responsibility of the private owner(s), and indemnifying the City against
any future claims for damages if the City is forced to perforin n,lairrtell alice or repair of
any of the private water or sewer facilities. Wording must be included in the covenant
that will allow the City to inspect the system and perform the necessary maintenance in
the event the system is not performing properly. This would be done only after notifying
the owner and giving him a reasonable time to do the necessary work. Should City forces
be required to perform the work, the owner will be responsible for reimbursement to the
City the maximum amount allowed by law.
p. All private sewer laterals and connections on the property other- than those proposed for
Lot 16 shall be located on private property and not in the new right-of-way dedicated to
the public (along the west and south sides of the suNect property) or on any existing
public rights-of-way.
q. A binding Water & Sewer Availability Commitment is required prior to final plat
application.
r. The owner of the subject property shall indicate the location of and provide
documentation for utility and access easements between the fixture Iots as applicable
where utilities are proposed to cross lot boundaries.
s. A right-of-way (ROW) construction permit will be required prior to any construction
activities within the right-of-way. The ROW permit will be subject to separate conditions
and bonding requirements.
t. 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.
u. A plat certificate shall be provided with final plat application.
7. The final plat shall meet the following conditions to the satisfaction of the Fire Marshal:
a. The internal roadway shall be designed to accommodate the weight of a 65,000 pound
fire apparatus. Pervious materials are permitted as long as applicable design
specifications are met and the edges of the shoulders are clearly visible.
b. The roadway and shoulders shall provide a minimum 13'6" overhead clearance.
c. The entire length of the roadway shall be marked as a fire lane: No parking shall be
permitted on the roadway or shoulders.
d. Construction and signage shall be to the satisfaction of the Fire Marshal.
Pedestrian walkways shall be provided to assure safe access for Lots 10 — 15 between the
parking area and the residences. Walkways shall be surfaced with nonskid hard surfaces.
Findings, Conclusions and
Reconvnendation to City Council 14
9. The building setbacks shall be noted on the final subdivision. With the exception of up to 24
inch eaves on Lots 1-15, no portion of the buildings may extend into front setbacks.
Building to building: Minimum 0 feet*
Building to subdivision boundary: Minimum 5 feet*
Building to right-of-way Minimum 10 feet
*Subject to Building Official and Fire Marshal building permit approval.
10. The project must substantially conform to the Housing Design Demonstration Project
(HDDP) program criteria for innovative building design as demonstrated in the HDDP
evaluation scoring and application for the underlying land use permit, except as otherwise
conditioned through this approval:
a, The project must achieve LEED 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.
11. The rriaximum building height, as defined in BIMC 18.06.130, is 35 feet.
12. The applicant for construction of a residence on each of the lots shall purchase development
rights in conformance with BIMC 18.40.040, should the proposed floor area exceed the share
of the base floor area depicted on the plat.
13_ All buildings shall be subject to the applicable sections of BIMC 18.41.030, Design
Guidelines for the Mixed Use Town Center and High School Road Zoning Districts, at time
of building permit application.
14. Residential development on Lots I — 9 and Lot 16 shall provide at least one parking space /
garage on each lot. Parking must meet the dimensional standards of BIMC 18.81.070. A
minimum total of 22 onsite parking spaces shall be provided for the project.
15. Prior to final plat application, the applicant shall provide field verification that at least four
significant trees to be retained, equaling at least15 percent of the total number of significant
trees, are all located on the subject property.
16. Prior to final plat application, the applicant shall provide a statement from a professional
arborist that contains recommendations as to whether a buffer of smaller trees shall be
retained or planted on the fringe of significant trees designated for preservation. The
applicant shall follow the planting recommendations of the arborist. Plantings shall be
installed or assured prior to final plat approval.
17. Significant trees designated for preservation and the area designated for significant tree
retention shall be depicted on the final plat drawing, and shall include critical root zones and
any additional fringe planting area. No significant tree removal shall be allowed on the site
until the significant tree retention plan, and a replanting plan if applicable, have been
approved by the Department of Planning and Community Development.
Findings, Conclusions and
Recommendation to City Council 15
18. Constnzction activities on Lot 16 shall comply with the following conditions:
a. Prior to any tree removal along the west boundary, the applicant shall provide field
verification that the trunk is completely within the subject property or provide agreement
of the neighboring property owner for removal.
b. 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.
c. Prior to any construction activity, construction fencing shall be installed in such a manner
as to protect the critical root zone of significant trees .designated for retention.
Construction activities in the vicinity of the significant tree retention area shall comply
with restrictions on grading and prohibition of other activities contained in BIMC
18.85.060.B.c-e.
d. 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 PIanning
and Community Development. Trees approved for removal shall be replaced at a 3:1
ratio, evergreen, and at least six feet in height at time of planting.
19. Conditions 1, 3 --- 5, 7 —1-4, 6 andl5 if assured, and applicable portions of 16 - 18 shall be
listed on the final plat mylar.
20. The applicant shall remain responsible for the maintenance of all public storm drainage,
sanitary sewer and water, and street facilities required by these conditions, as well as all
private common areas constructed to serve the lots of the plat, until such responsibilities have
been transferred to and assumed by an operational homeowners' association comprised of the
owners of all the lots within the plat. The homeowners` association agreement and related
plat covenants shall be reviewed and approved by the City, and then recorded, prior to final
plat approval.
Recommended this 6's day of April, 20
City of Bainbridge Island
Findings, Conclusions and
Recommendation to City Council 16