RES 2000-06A APPROVAL OF WOODLAND VILLAGE SUBDIVISION PRELIM PLAT (SUB02-02-98-1)RESOLUTION NO. 2000 —6A
A RESOLUTION of the City of Bainbridge Island, Washington, approving the
Woodland Village Subdivision preliminary plat (Case No. SUB02-02-98-1)
WHEREAS, on February 2, 1998, a preliminary plat application was submitted by
Landmark Development, L.L.C. to the Department of Planning and Community Development;
and
WHEREAS, the preliminary plat application facilitates development of 27 residential lots
on 9.4 acres of real property located west on the west side of Femcliff Avenue, approximately
one-quarter mile north of the High School Road/Ferncliff Avenue intersection; 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 19, 1999, May 27, 1999, and June 23, 1999, and, in compliance
with the City Council's instruction for remand, on December 2, 1999, December 9, 1999, and
December 16, 1999, the Hearing Examiner conducted public hearings on the preliminary plat
upon proper notice; and -
WHEREAS, on July 9, 1999, the Hearing Examiner recommended conditional approval
of the preliminary plat and entered a report, Findings of Fact, Conclusions of Law and
Recommendations; and on February 15, 2000, subsequent to gathering additional facts regarding
the wetlands density calculations, the Hearing Examiner entered an amended report with revised
Findings of Fact, Conclusions of Law and Recommendations; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DOES RESOLVE AS FOLLOWS:
Section 1. The City Council adopts by reference the Amended Findings of Fact,
Conclusions of Law and Recommendation of the Hearing Examiner Pro Tem dated February 15,
2000 (Case No. SUB02-02-98-1) and attached as Exhibit A to this resolution, except as modified
by the following amendments:
1. Amendment of Finding of Fact No. 37:
Extensive testimony was given at the public hearing on remand by neighbors
concerned with increased runoff of storm waters resulting from development of this site.
Several neighbors from properties nearby, especially from the area of Grand Avenue and
Broomgerrie Road, expressed concern that increased water flows from this property will
impact already saturated soils on properties east of the Woodland Village site. Off-site
flow analysis has been done by Brown Engineering (Engineering Report dated January
28, 1999, Exhibit 97R). Additional data on storm water and surface water flows at the
site must be obtained to determine a base line for the development. The Storm Water
Management System must be designed so that post development off-site flows do not
exceed pre -development conditions. It is the policy of the City (BIMC 16.08.200) to
consider the cumulative environmental impacts that a project may have on the
surrounding area when aggregated with the impacts of prior or other proposed
development in the area. The Applicant shall be required to include in the engineering
analysis on assessment of the capacity of the natural systems on the surrounding area to
absorb the anticipated increased storm water runoff after development of this site. The
Applicant shall also provide an assessment of the impact that this project will have on the
level of operation and effectiveness of the City storm water facilities which will be
impacted by the increased storm water runoff from this project.
2. Amendment of Finding of Fact No. 41:
The remand requires Findings of Fact on the phrase "use the subdivision process
to accommodate innovation, creativity and design flexibility" and "achieve a level of
environmental protection that would not be possible by typical lot by lot development...."
A review of the application for this Preliminary Plat shows that the Applicant has
chosen to use the subdivision provisions of the Bainbridge Island Municipal Code (17.04)
to design the subdivision under the Flexible Lot Lines Design process. That process is
described in BIMC 17.04 and by its very definition permits flexibility in lot development
and encourages a more creative approach than traditional lot -by -lot subdivision. The
definition of Flexible Lot Design is included in BIMC 17.04.040 as follows:
"Flexible Lot Design" means a design process which permits flexibility in
lot development and encourages a more creative approach than traditional
lot -by -lot subdivision. The Flexible Lot Design process includes Lot
Design Standards, guidance on the placement of buildings, use of open
spaces and circulation which best addresses site characteristics. This
design process permits clustering of lots with a variety of lot sizes to
provide open space and protect the Island's natural systems. The criteria
for the layout and design of lots, including a minimum percentage of open
space and a minimum lot size for each zone are described in this Chapter."
The applicant has complied with the Flexible Lot Standards included in BIMC
17.04. The minimum lot size for lots included in this subdivision is at least 5,000 square
feet as required by BIMC 17.04. The Preliminary Plat shows that the Applicant has used
the Flexible Lot Design process to create a subdivision which includes lots of various
sizes and shapes concentrated on the eastern portion of the site. Streetside landscaping
has been proposed throughout the subdivision. The buildable portion of the site preserves
the delineated 1.97 Category II wetland located on the site and establishes a 100 -foot
protective buffer for that wetland. Connection to the public sewers enhances the
protection of the ground and surface water quality at the site and helps ensure protection
of the wetland's functional characteristics. The subdivision process also provides for
surface and storm water control facilities designed to serve the entire parcel in a
coordinated system to ensure protection of the hydrological function of the wetland and to
protect nearby public and private property from damage from potential increased runoff
or possible erosion or sediment infiltration. The Applicant's proposal will include a
condition that the storm water management facilities be maintained by a Homeowners
Association and be subject to periodic inspections by the City Engineer to assure its
continued effective function.
3. Amendment of Condition No. 14:
A school impact fee of $3,090.00 shall be paid for each of the newly
created lots. One half of the fee, $1,545.00, shall be paid prior to final plat
approval and balance shall be paid at the time of building permit issuance. The
applicant may request exemption from payment of the school impact fee for any
of the affordable housing units. If any of the affordable units qualify for such an
exemption, the applicant will not be responsible for payment of the corresponding
school impact fee.
4. Amendment of Condition No. 43:
For all site drainage, the Applicant shall submit a
fertilizers/pesticides/herbicides program to be iricluded as part of the Open Space
Management Plan. The plan shall be developed by a Biologist to be approved by
the Director.
2. Amendment of Condition No. 45
Stormwater facilities shall be designed to provide water to the wetlands at similar
amounts and at similar rates as pre -development conditions. Prior to plat utilities permit
issuance or final plat approval, whichever comes first, the applicant shall submit a report
containing information regarding the existing and projected storm water flows directed
towards the wetlands basin. This report shall include detailed analysis of the proposed
drainage facilities as well as recommendation for erosion controls related to the
anticipated flows. If approved by the City's Engineering Division, the drainage facilities
and erosion control measures shall be reflected on the construction drawings submitted as
part of the plat utilities permit.
The applicant shall provide a report analyzing the storm water and surface water
flows form the site in its predevelopment condition. This analysis shall include impacts
to natural drainage systems and city drainage facilities located offsite. A similar analysis
must be provided by the applicant showing anticipated impacts on these offsite systems.
The report must show that the offsite systems are adequate to handle post development
runoff, or the applicant shall be required to upgrade offsite drainage systems to
accommodate the increased flows. The storm water facilities designed by the applicant
shall be submitted for approval to the City's Engineering Division and must receive
approval prior to the issuance of a plat utilities permit.
3. Addition of Condition No. 48:
Except as modified by conditions, the final plat shall be in substantial
conformance with the conceptual design date-stamped March 9, 2000, as revised
by the conceptual design dated -stamped April 26, 2000.
Section 2. The proposed subdivision is in conformance with the zoning ordinance, the
comprehensive plan, the subdivision regulations and subdivision standards, and all other
applicable land use ordinances and applicable state law in effect at the time of complete
application.
Section 3. The final plat of Woodland Village Subdivision shall state on its face that it is
subject to the conditions of approval set forth in this resolution.
PASSED by the City Council this 26`h day of April 2000.
ay
APPROVED by the Mayor this 2ND day ofATM M2000.
N
RwigHt Sutton, Mayor
ATTEST/AUTHENTICATE:
Susan'L, Y. P. Kasper, City Clerk
FILED WITH THE CITY CLERK: May 1, 2000
PASSED BY THE CITY COUNCIL: April 26, 2000
RESOLUTION NUMBER 2000-6A