HEX DECISIONBEFORE THE HEARING EXAMINER
FOR THE CITY OF BAINBRIDGE ISLAND
In the Matter of an Application for a
Preliminary Subdivision for
PLEASANT BEACH VILLAGE
Creating 22 Lots on 4.83 Acres
With Associated Open Space and Public
Roads, south of NE Baker Hill Road.
PLN13880F SUB
FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER
SUMMARY
Applicant: PBPBS LLC
P.O. Box 10159
Bainbridge Island, WA 98110
Location: Bordering the south side of NE Baker Hill Road within a portion of
NE1 /4NE1 /4 Sec. 4, T24N, R2E, W.M.
Comp Plan: Open Space Residential
Zoning: R -5
Summary of
Proposal: To subdivide two lots totaling 4.83 acres into 22 lots with associated
open space and public roads.
SEPA Compliance: Mitigated Determination of Non - Significance (MDNS) issued March 22,
2017. No appeals.
Public Hearing: June 8, 2017. Testimony by Staff, Applicant's Representative and two
members of the public. No opposition.
Decision: The application is approved, subject to conditions.
FINDINGS OF FACT
1. PBPBS LLC seeks to subdivide two lots consisting of 4.83 acres into 22 lots with
associated open space and public roads.
2. The property is located south of NE Baker Hill Road near the south end of the island
on land within a portion ofNEI /4NE1 /4 Sec. 4. T24N, R2E. W.M.
3.
The two lots that
comprise the site are
2.15 and 2.68 acres in size. The land is
currently
vacant, although as
part of a previously
approved development (Blossom Hill), the
applicant
has installed road,
sewer, water and stormwater infrastructure.
4. The Comprehensive Plan designation of the site is Open Space Residential. The
zoning of the site is R -5 as is the zoning of the neighboring properties to the west and south.
Properties to the east and to the north (across Baker Hill Road) are zoned R -1.
5. The adopted subarea plan for the Lynwood Center Special Planning Area applies to
the subject parcels. The plan recommends that R -5 zoned parcels continue to allow up to five
units per acre if the units are served by public sewer. The proposed subdivision shall be subject
to a binding letter of sewer availability being provided prior to final plat.
6. The main access to the site will be from the north, off of Baker Hill Road. The entry
branches into a loop which will border all of the building lots and eventually lead back to the
entry point. Bordering the west side of the loop (Upper Dotson Loop) will be 12 single family
dwellings. Along the east side of the loop (Ridge Road) will be another 10 single family
dwellings. The loop road will be dedicated to the public.
7. At the southeast corner of the property will be another road access connecting the
private Lower Dotson Loop and Pitts Path to Lynwood Center Road.
8. The project is installing sidewalk along all of the internal roads. A multi -use non -
motorized trail is to be provided for the property's Baker Hill Road frontage. To ensure a safe
walking path from the development to Blakely School the three -foot gravel shoulder from the
end of the non- motorized trail on the subject property to the intersection of Baker Hill Road and
Blakely Heights Drive is to be refurbished with new gravel shoulder.
9. The City Engineer determined that the capacity of transportation facilities affected by
the proposed development is equal to or greater than the capacity required to maintain the level
of service standard for the impact of the development. A Certificate of Concurrency was issued
for the project.
10. The proposed open space will include a sizeable tract along the east side of Ridge
Road, a roadside buffer easement along the east side of Upper Dotson Loop, and four smaller
tracts near the east and west boundaries of the plat. The open space areas will include trail
connections to off -site properties and to Blakely Elementary school.
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11. The large open space tract along the eastern property line will provide a buffer of
native vegetation between the subdivision and existing single - family development to the east.
12. The designated open space tracts will be in common ownership, managed by a
homeowner's association. The buffer easement will be part of lots 413-21 and may be used as
private yards, but will be protected by covenant and easement terms.
13. The CC &R's shall contain and clearly identify an Open Space Management Plan.
The plan shall prohibit agricultural uses, septic systems and active recreation with open space
tracts.
14. The planned provisions for open space meet applicable standards, including the
requirement for a maximum of 25 percent of the lot area of the property subdivided
to be designated as open space.
15. The site is wooded and slopes from east to west offering views over Lynnwood
Center and Rich Passage. While there are no critical areas, there are some significant slopes
requiring review and analysis by a geotechnical engineer.
16. Environmental review as conducted pursuant to the State Environmental Policy Act.
A Mitigated Determination of Non - Significance (MDNS) was issued. This decision was not
appealed. An environmental impact statement need not be prepared.
17. As conditioned, the proposed plat meets density and lot area requirements. Setback
and lot coverage standards can be met and will be shown on the face of the plat. A landscape
buffer is to be planted and maintained in conformance with roadside buffer standards.
18. The City Engineer reviewed the plans and recommended approval of the preliminary
plat, as conditioned. She found that the proposal conforms to stormwater requirements, will not
cause undue burden on the drainage basin, and will not unreasonably interfere with the use and
enjoyment of downstream properties. She also found that streets and pedestrian ways are
coordinated with streets serving adjacent properties and are adequate to accommodate
anticipated traffic; that the water and sewer system has sufficient capacity to serve the plat; and
that the preliminary plat conforms to Bainbridge Island design and construction standards with
the exception of right -of -way for which a variation was approved.
19. The Examiner concurs with the City Engineer's findings and expressly finds that
public utilities and services adequate to accommodate the demands of the development are
available.
20. Consulted departments and agencies have no objections to the proposed subdivision.
Their comments are reflected in conditions of approval.
21. The Staff analyzed this proposal in light of the preliminary long subdivision decision
criteria (BMC 12.16.125.H). As conditioned, they found that the planned development will be
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consistent with the standards. The Hearing Examiner concurs with this analysis and adopts the
same. The Staff Report is by this reference incorporated herein as thought fully set forth.
22. The Staff adequately responded to public testimony and public correspondence. In
particular Staff has noted that all proposed houses within the subdivision will have to comply
with the zoning building height which is currently 25 feet. Moreover, the proposed landscaping
along the eastern edge of the property is sensitive to views. Most of the trees and shrubs are
either low growing or are narrow and cylindrical.
23. Any conclusion herein which may be deemed a finding is hereby adopted as such.
CONCLUSIONS OF LAW
1. The Hearing Examiner has jurisdiction over this proceeding.
2. The requirements of SEPA have been met.
3. As conditioned herein, the proposed preliminary plat meets the requirements of RCW
58.17.110. Adequate provision is made for the public health, safety and welfare and for the
public use and interest.
4. As conditioned herein, the proposed preliminary plat meets the relevant provisions of
the Bainbridge Island land use code in general, and BIMC 2.16.125(H) in particular.
5. Any finding herein which may be deemed a conclusion is hereby adopted as such.
CONDITIONS
SEPA Conditions
Earth
1. No clearing or grading for roads, drainage facilities, trails or other subdivision
improvement shall occur until a plat utilities permit has been submitted, reviewed, and approved
by the City for phase in which the work is to be completed.
2. All areas outside of the allowed buildings and impervious surfaces shall be retained in
native vegetation, landscaped, or covered with mulch or straw prior to October I` of each year.
3. Public Works finds that the proposed activity is likely to cause measurable
degradation of surface water quality without a proper temporary erosion and sedimentation
control plan ( TESCP). Therefore prior to any construction within this subdivision a TESCP shall
be submitted and approved by the City. Construction shall be restricted to the dates occurring
between Mayl and September 30 unless a wet weather erosion control plan is submitted and
approved prior to construction.
4. All graded materials removed from the subdivision shall be hauled to and deposited at
City approved locations. (Note: local regulations require that a grade /fill permits is obtained for
any grading or filling of 50 cubic yards of material or more, and a SEPA Threshold
Determination is required for any fill over 100 cubic yards.)
Air
5. To mitigate impacts on air quality during earth moving activities, contractors shall
conform to Puget Sound Clean Air Agency Regulations, which insure that reasonable
precautions are taken to avoid dust emissions. (Section 16.08.040, BIMC)
Environmental Health
6. Prior to final plat approval, approval from the Kitsap County Health District must be
obtained.
7. On site mobile fueling from temporary tanks is prohibited unless the Applicant
provides and is granted approval for a Permit and Best Management Plan that addresses
proposed location, duration, containment, training, vandalism and cleanup. (Reference 1,
Uniform Fire Code 7904.5.4.2.7 and 2. Department of Ecology, Stormwater Management
Manual, August 2001, see Volume IV "Source Control BMP's for Mobile Fueling of Vehicles
and Heavy Equipment ".) (Chapter 173 -304 WAC)
Noise
8. To mitigate any noise impacts, all construction activities must comply with BIMC
16.16.025 Limitation of Construction Activities.
Light and Glare
9. All lighting within the subdivision shall comply with the City's Lighting Ordinance,
BIMC Chapter 15.34.
Historic and Cultural Preservation
10. 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.
Transportation
11. To mitigate transportation impacts, the applicant shall install a multi -use non-
motorized trail improvement for the length of the property's Baker Hill frontage. The trail
improvement shall be consistent with the trails standard.
12. To ensure a safe walking path for students walking from the development to Blakely
School, the three -foot gravel shoulder from the end of the non - motorized trail on the subject
property to the intersection of Baker Hill Road and Blakely Heights Drive shall be refurbished
with a new gravel shoulder meeting City guidelines.
13. Approved street names, traffic regulatory signs, and accessible mailbox locations that
do not restrict pedestrian access must be shown on the plat utilities plans, which shall be
submitted and approved prior to final plat.
Public Services
14. 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. Approval of public facilities will be shown by a formal letter of
acceptance from the City Engineer. An assurance device acceptable to the City may be used (in
lieu of physical completion) to secure and provide for the completion of necessary facilities.
Any such assurance device shall be in place prior to final plat approval, and shall enumerate in
detail the items being assured and shall require that all such items will be completed and
approved by the City within one year of the date of final plat approval. While lots created by the
recording of the final plat may be sold, no occupancy of any structure will be allowed until the
required improvements are formally accepted by the City. Additionally a prominent note on the
face of the final plat drawing shall state:
"The lots created by this plat are subject to conditions of an assurance device
held by the city for the completion of certain necessary facilities. Building
permits may not be issued and /or occupancy may not be allowed until such
necessary facilities are completed and approved by the City of Bainbridge
Island. All purchasers shall satisfy themselves as to the status of completion
of the necessary facilities."
Project Conditions
15. The Pleasant Beach Village BLA (PLN13880G BLA) shall be recorded prior to
submittal of the Final Plat application.
16. Except for modifications reflecting compliance with these conditions of approval, the
final subdivision shall substantially conform to the plans date - stamped received on the following
dates: Landscape plans, December 9, 2016; Preliminary plat sheets C -1 and C -2, dated May 30,
2017.
17. Prior to any construction activities, the applicant shall obtain the appropriate permits
from the City of Bainbridge Island, including but not limited to, clearing, grading, and /or
building permits.
18. The final plat shall comply with the following conditions of the Fire Marshal:
A. The proposed project shall comply with all provision of the adopted Fire
Code.
B.
Dotson
Loop water system shall
be
connected
to the
Pitts Path water line and
a
flow test
shall be conducted prior
to "fire
final"
of any
occupancy.
C. The fire hydrant locations along Ridge Lane shall be approved by the Fire
Marshal prior to their installation and prior to final plat approval.
D. Fire hydrants shall be of an approved type and located with the approval of the
Fire Marshal.
19. The preliminary subdivision approval is subject to the following conditions of the
City's Development Engineer:
General
a. Civil construction plans, sections, profiles and details for all roads, roadway
storm drainage facilities, and water facilities, and appurtenances, prepared by
the developer's engineer shall be submitted to the City for review and approval.
Approval is granted when a Plat Utilities Permit is issued by the City. The Plat
Utilities Permit shall be obtained prior to final subdivision approval. Civil con-
struction will be required before building permits shall be issued. In lieu of
completion of improvements, the City Engineer may accept any assurance device,
in an amount and in a form determined by the City, but not to exceed 125 percent
of the established cost of completing the infrastructure that secures and provides
for the actual construction and installation of the improvements or the
performance of the conditions within one year, or such additional time as the City
Engineer determines is appropriate after final plat approval.
b. Engineer certified as -built construction plans will be provided by the applicant
prior to final plat approval.
c. A Developers Extension
Agreement must
be
completed with the City for
utilities and roadways that
will be dedicated
to
the City.
Stormwater
d. Prior to any construction activities, the applicant shall apply for a Department
of Ecology General Stormwater Construction Permit (Construction Permit) or
extend the existing Permit. Any jobsite one acre or greater in size must comply
with NPDES Phase II Department of Ecology requirements by applying for this
permit.
e. Provide all discharge monitoring report (DMS) data required by the NPDES
permit to PWAdmin@bainbridgewa.gov at the same frequency as required by
the Construction Permit.
f Turbidity /Transparency Benchmark Values and Triggers
1) If the discharge turbidity is 26 NTU and above the permittee must:
i. Review the stormwater pollution prevention plan (SWPPP) for
compliance with the NPDES Special Condition S9 and make appropriate
revisions within 7 days of the date the discharge exceeded the benchmark.
ii. Immediately begin the process to fully implement and maintain
appropriate source control and /or treatment best management practices
(BMPs) as soon as possible, addressing the problems within 10 days of
the date the discharge exceeded the benchmark. If installation of
necessary treatment BMPs is not feasible within 10 days, the City may
approve additional time when the permittee requests an extension
within the initial 10 -day response period.
iii. Level One Corrective Actions — Operational Source Control BMPs
1) If the 25 NTU benchmark is exceeded for any quarter of the
project duration, within 10 days the permittee must implement
NEW (not existing) Chapter II -4 -Best Management Practices
Standards and Specifications II -4.1 Source Control BMPs from
the 2014 Ecology Stormwater Management Manual for
Western Washington (SWMMWW).
2) Provide a map of where these BMPs are being implemented and
maintained until final site stabilization is approved by the City and
Department of Ecology.
iv. Level Two Corrective Actions— Runoff Conveyance and
Treatment BMPs
1) If the 25 NTU benchmark is exceeded for any two quarters of
the project duration, within 20 days the permittee must implement
NEW (not existing) Chapter II -4 -Best Management Practices
Standards and Specifications II -4.2 Runoff Conveyance and
Treatment BMPs from the 2014 Ecology SWMMWW.
2) Provide a map of where these BMPs are being implemented and
maintained until final site stabilization is approved by the City and
Department of Ecology.
v. Level Three and Four Corrective Actions — Runoff Conveyance
Sewer
and Treatment BMPs
1) If the 25 NTU benchmark is exceeded for any three or four
quarters of the project duration, within 10 days the permittee must
implement NEW (not existing) Chapter II -4 -Best Management
Practices Standards and Specifications II -4.2 Runoff Conveyance
and Treatment BMPs from the 2014 Ecology SWMMW W. For
quarter three and four new BMPS must include BMP C250:
Construction Stormwater Chemical Treatment, or BMP C251:
Construction Stormwater Filtration per the 2014 Ecology
SWMMWW requirements.
2) Provide a map of where these BMPs are being implemented
and maintained until final site stabilization is approved by the
City and Department of Ecology.
vi. Document BMP implementation and maintenance —this documentation
must be provided to PWAdminna bainbridgewa.gov within 10 days or
within a City and Department of Ecology approved deadline.
g. A
binding
unlimited reservation
and approval
to connect to sewer is required
prior
to final
subdivision.
open space boundary of Tract
A.
Trade and Roads
Other
h. An approved deviation to the City of Bainbridge Island Urban Local Access
Street Standard, Drawing No. 7 -050 has been provided by the applicant. The
roadway shown on the proposed plan, will have a 30 -foot right -of -way, sidewalk
on one side of the roadway, a greater than 12 percent slope in some locations and
a centerline radius that is less than standard. The deviation was approved by the
City's Public Works Director.
i. All lot corners shall be staked with three - quarter inch galvanized iron pipe and
locator stakes. A survey of the property must be completed and submitted with
the final plat application.
j. 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.
20. Prior to
final plat
approval,
the applicant shall install low
impact fencing as defined
in BIMC 17.28.020.30
along
the south
open space boundary of Tract
A.
21. Prior to final plat approval, the applicant shall install open space signs every 100
feet along the interior borders of open space Tracts A, B, C, and D, designed to provide
protection for these open space tracts that are to remain in protected native vegetation.
22. Open space signage and fencing must be maintained in perpetuity and required
locations of fencing and signage shall be noted on the face of the plat.
23. A final Open Space Management Plan (OSMP) shall be recorded with the final plat
and the OSMP shall be referenced on the face of the plat. The final OSMP shall be modified
within the proposed CC &Rs to clearly identify Section 6.5 as an Open Space Management Plan.
Also, the plan shall be modified to prohibit agricultural uses, septic systems and active recreation
within open space Tracts A, B, and C.
24. Lot coverage of 25 percent shall be allocated as follows and noted on the face of the
plat: 2,389 square feet per lot.
25. The following setbacks shall be noted and depicted on the final plat (note: the
building envelopes on the preliminary plat need to be modified to reflect these setbacks
properly):
Building
to
building (on -site)
Minimum
10
feet
Building
to
exterior subdivision boundary line
Minimum
15
feet
Building
to
right -of -way (Baker Hill Road)
Minimum
40
feet
Building
to
other streets (internal right -of -way)
Minimum
15
feet
Building
to
Open Space
Minimum
10
feet
Building
to
Trail
Minimum
10
feet
26. The plat shall provide a 10 -foot wide partial screen landscape buffer along Baker Hill
Road and a 15 -foot wide full screen landscape buffer along the east property line consistent with
the prior Site Plan and Design Approval for the Blossom Hill /Pleasant Beach Village
Development. Prior to final plat approval, the buffer shall be planted to required landscaping
standards (BIMC 18.15.010.D.4) or planting assured as provided in BIMC 18.15.010.H. The
buffer shall be maintained for the life of the project.
27. The following conditions shall be listed on the final plat: Applicable portions of
Conditions 1 -5; 7 -10; 14; and 22 -16.
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ORDER
The application for preliminary subdivision approval for Pleasant Beach Village
(PLN 13880F SUB) is approved, subject to the conditions set forth above.
YI..
SO ORDERED, this a1 day of June, 2017.
W
Wick Dufi ord, earing Examiner Pro Temporg
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