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STAFF REPORT Department of Planning and community development Director’s Recommendation Project: Pleasant Beach Village Preliminary Subdivision File No: PLN 13880F SUB Date: June 1, 2017 To: Wick Dufford, Hearing Examiner Project Manager: Joshua Machen Planning Manager Applicant: PBPBS LLC Owner: PBPBS LLC P.O. Box 10159 P.O. Box 10159 Bainbridge Island WA 98110 Bainbridge Island, WA 98110 Request: Subdivision of two lots consisting of 4.83 acres into 22 lots with associated open space and public roads. Location: South of NE Baker Hill Road Background / Environmental Review / Public Notice: A pre-application conference was held on September 23, 2015. Preliminary subdivision application was submitted on December 19, 2016. The application was deemed complete on January 7, 2017. The project is subject to State Environmental Policy Act (SEPA) review as provided in Washington Administrative Code (WAC 197-11-800). Utilizing the optional DNS process provided in WAC 197-11-355, the City issued a combined Notice of Application/SEPA comment period on January 27, 2017. The 14- day comment period ended on February 10, 2017; several public comments received, along with agency comment, and are discussed in Section I.C of this report. The City, acting as lead agency, issued a Mitigated Determination of Nonsignificance for this proposal on March 22, 2017; the appeal period expired on April 10, 2017 and no appeal of the SEPA determination was received. Recommendation: Approval of the preliminary plat subject to the following conditions: SEPA CONDITIONS Earth 1. No clearing or grading for roads, drainage facilities, trails or other subdivision improvements shall occur until a plat utilities permit has been submitted, reviewed, and approved by the City for the phase in which the work is to be completed. Pleasant Beach Village Subdivision PLN 13880F SUB Page 2 of 14 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 1st 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 May 1 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 permit 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 BMPs 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. Pleasant Beach Village Subdivision PLN 13880F SUB Page 3 of 14 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 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 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, 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, 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; and 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 provisions of the adopted Fire Code. Pleasant Beach Village Subdivision PLN 13880F SUB Page 4 of 14 B. Dotson Loop water system to be connected to Pitts Path water line and a flow test conducted prior to fire final of any occupancy. C. A fire hydrant is required on ridge lane in the vicinity of lot 18. 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 Utility Permit shall be obtained prior to final subdivision approval. Civil construction will be required before building permits shall be issued. In lieu of completion of improvements, the City engineer may accept an 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 civil 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 (DMR) data required by the Construction NPDES permit to PWAdmin@bainbridgewa.gov at the same frequency as required by the Construction Permit. f. Turbidity/Transparency Benchmark Values and Reporting 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, Pleasant Beach Village Subdivision PLN 13880F SUB Page 5 of 14 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 2 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 SWMMWW. 2) Provide a map of where these BMPs are being implemented and maintained until final site stabilization is approved by City and Department of Ecology. v. Level Three and Four Corrective Actions – Runoff Conveyance and Treatment BMPs 1) If the 25 NTU benchmark is exceeded for any 3 or 4 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 SWMMWW. For quarter 3 and 4 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 Ecology. vi. Document BMP implementation and maintenance – this documentation must be provided to PWAdmin@bainbridgewa.gov within 10 days or within a City and Department of Ecology approved deadline. Sewer g. A binding unlimited reservation and approval to connect to sewer is required prior to final subdivision. Traffic and Roads 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. Other i. All lot corners shall be staked with three-quarter inch galvanized iron pipe and locator Pleasant Beach Village Subdivision PLN 13880F SUB Page 6 of 14 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 final plat and the OSMP shall be referenced on the face of the plat. The final OSMP shall be modified within the proposed CC&R’s to clearly identify the 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 modified to properly reflect these setbacks): 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 22-26. Pleasant Beach Village Subdivision PLN 13880F SUB Page 7 of 14 Staff Analyses I. Findings of Fact A. Site Characteristics 1. Tax Assessor Information: a. Tax Lot Number: 042402-1-103-2006 and 042602-1-102-2007 b. Owner of record: PBPBS LLC c. Lot sizes: G=2.15 and H = 2.68 acres d. Land use: Vacant 2. Zoning and Comprehensive Plan Designation: The subject property and surrounding properties are zoned R-5, with the exception of properties to the East and North (across Baker Hill Road) which are zoned R-1. The Comprehensive Plan designation for the properties is Open Space Residential. Zoning Project Site Vicinity Map Wyatt Way Pleasant Beach Village Subdivision PLN 13880F SUB Page 8 of 14 3. Existing Development: As part of the previously approved development, the applicant has installed road, sewer, water, and stormwater infrastructure on the properties. 4. Access: Access is from Baker Hill Road, the site will also be accessible from Lynwood Center road via Dotson Loop and Pitts Path Lane. 5. Terrain: The property is wooded and slopes from east to west offering views over Lynwood Center and Rich Passage. The site does not contain any critical areas but does have some significant slopes that require review and analysis by a geotechnical engineer. 6. Public Services and Utilities: a. Police: City of Bainbridge Island Police Department b. Fire: Bainbridge Island Fire District c. Schools: Bainbridge Island School District d. Water: City of Bainbridge Island e. Sewer-Sewer District #7 f. Storm drainage: Existing stormwater facilities designed to accommodate entire development B. Comprehensive Plan Goals and Policies The subject properties are located adjacent to the Neighborhood Service Center District and were included in the special planning area process. Therefore, the Lynwood Center Subarea Plan also applies to this proposal. General: The City of Bainbridge Island is designated as an urban growth area under the Washington State Growth Management Act. Therefore, the City needs to plan for anticipated population increases across the island. To preserve the character of the island, which includes forested areas, meadows, farms, and winding roads bordered by dense vegetation, the City has designated that Winslow receive 50% of the anticipated growth and that the Neighborhood Service Centers be developed at higher densities than the rest of the island to reinforce their roles as small-scale community centers. Lynwood Center Subarea Plan: The Lynwood Center Special Planning Area Final Recommendations (an adopted subarea plan, contained in the Land Use Element of the Comprehensive Plan) are applicable to the subject parcels. Those provisions recommend that the R-5 zoned parcels continue to allow up to five units per acre if the units were served by public sewer and that multi-family units should be permitted subject to site plan review. The lots that are the subject of the Pleasant Beach Village Subdivision are all zoned R-5 and will be served by public sewer. The proposed subdivision is subject to a binding letter of sewer availability being provided prior to final plat (Condition #19g.). Pleasant Beach Village Subdivision PLN 13880F SUB Page 9 of 14 C. Public / Agency Comment The City received a several public comments on this proposal. One was concerned with the fact this subdivision proposal does not contain the public trail that bisected the lot, east to west, as part of a previous approval for the previous Blossom Hill master plan development. Another comment expressed general concern about global warming and that the City should deny the project. The last comment received was concerning building height and views. While the proposed subdivision does not include a cross project trail in the location of the original approval for the Blossom Hill development, the proposal is now providing public roads and sidewalks throughout the development. In addition, there will be a trail developed along Baker Hill Road that will connect the subdivision with the Lynwood Center area and Blakely School to the east. The second comment was a general concern about global warming and limiting development on the Island. The City of Bainbridge Island plans its growth in accordance with the Washington State Growth Management Act. The City’s zoning regulation is consistent with our 20-year comprehensive plan and these parcels are zoned for five units per acre. The proposed subdivision is within the limitations of the five units per acre zone. All proposed houses within the subdivision will have to comply with the zoning building height, which is currently 25-feet. The proposed landscaping along the eastern edge of the property is also sensitive to views as most of the trees and shrubs are either low growing or are thin cylindrical shaped trees. The Kitsap Public Health District provided a “no-comment” response to the preliminary Plat. The final subdivision is subject to Health District approval. The Bainbridge Island Fire District provided a conditioned approval on compliance with the fire code (Condition 18) D. Land Use Code Analysis 2. BIMC 17.12 Subdivision Design Standards All single family residential subdivisions shall be designed in accordance with the City’s adopted Flexible Lot design requirements, outlined in BIMC Titles 17 and 18. Applicants for shall comply with the Title 17 standards applicable to either Cluster or Open Space design. This application is subject to Open Space Standards (BIMC 17.12.030), General Residential Subdivision Standards (BIMC 17.12.040) and Flexible Lot Dimensional Standards (BIMC Table 18.12.020-1). 3. BIMC 17.12.030 Open Space Standards a. Open space should be concentrated in large, consolidated, usable areas and should connect to adjacent off-site open space, greenways and/or critical areas. The area provided for open space shall be based on and consistent with the existing valued features listed in BIMC Table 17.12.030-2, which states that all critical areas and their associated buffers shall be protected. The City shall require a maximum of 25 percent of the lot area of the property being subdivided designated as open space area unless it includes protected critical areas. Pleasant Beach Village Subdivision PLN 13880F SUB Page 10 of 14 The proposed open space is primarily in a large tract along the eastern property line which will provide a buffer of native vegetation between the proposed subdivision and the existing lower density single-family development to the east. Most of the remaining significant trees on the site are contained within the proposed open space areas. The other open space areas are either in a roadside buffer along Baker Hill Road or are adjacent to key intersections along Dotson Loop and Ridge Road. While the site does not contain any critical areas the open space areas include trail connections to off-site properties and to Blakely Elementary school. a. Open space may be held in common by a homeowners’ association or other similar organization. Common ownership by a homeowners’ association is proposed for the open space tracts, while the open space easement will be part of lots #13-21 and will be protected by the easement and covenant. b. Fences and/or signs delineating open space areas are required; the Director shall determine which is required based on the likelihood of encroachment into designated open space areas. The project is conditioned to maintain open space fencing and signs along the interior boundary of the open space tract A. The other tracts will be protected with signs. The open space easement area may be used as private yards, therefore no signs or fencing are required (Conditions #20-22) c. An applicant shall submit a draft open space management plan (OSMP) for review as part of the preliminary plat application. Final approval of the OSMP will occur at the time of final plat approval. The open space management plan shall include a list of all approved uses and a maintenance plan for open space areas. Allowed uses within designated open space areas are limited to those listed in BIMC 17.12.030. The approved OSMP must be filed with the Kitsap County Auditor. The project is conditioned to modify their proposed CC&R’s to clearly identify the 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. (Condition #23) 4. BIMC 17.12.040 General Residential Subdivision Standards a. Compliance with BIMC Title 16, BIMC Title 18 and RCW Title 58 Lot areas, dimensions and other characteristics shall comply with the requirements of Title 18, including landscaping and/or vegetated buffers. In addition, each subdivision shall comply with all applicable provisions of RCW Title 58 or its successors. Subdivisions including sensitive areas or their required buffers shall also comply with the provisions of BIMC 17.12.060, Special Requirements for Sensitive Areas. As conditioned, the project complies with Title 18: The plat meets density and lot area requirements, and is conditioned to note setback and lot coverage standards on the Pleasant Beach Village Subdivision PLN 13880F SUB Page 11 of 14 face of the plat, and is conditioned to plant and maintain a landscape buffer in conformance with roadside buffer standards. As conditioned, the subdivision provides adequately for the public health, safety and welfare, and for the public use and interest. b. Roads and Pedestrian Access i. Roads and access complying with the “City of Bainbridge Island Design and Construction Standards and Specifications” and all applicable requirements of the municipal code, shall be provided to all proposed lots consistent with the standards contained within this subsection. The project is conditioned to provide roads and access in compliance with City standards. (Condition 19h.) ii. Existing roadway character shall be maintained where practical. To minimize impervious surfaces, public rights-of-way, access easements and roadways shall not be greater than the minimum required to meet standards unless the City Engineer agrees that the additional size is justified. The lots are served by public right-of-way and roadways that meet the minimum required standard, except that a deviation was approved to allow the sidewalks to be outside of the public rights-of-way in a public easement. The City Engineer recommend approval as conditioned. (Condition 19h.) iii. Pedestrian and bicycle circulation and access within a subdivision and onto the site shall be provided through walkways, paths, sidewalks, or trails and shall be consistent with the Non-motorized Transportation Plan (NMTP). The project is providing sidewalks along all of the internal roads and is providing a trail connection along Baker Hill Road from Lynwood Center road to the trail/sidewalk connections to the east, providing access to Lynwood Center and to Blakely School to the east. (Conditions #11 & 12) 5. BIMC Table 18.12.020-1 Flexible Lot Dimensional Standards a. Minimum Lot Size Requirements Minimum lot size is 5,000 square feet for lots served by public sewer, and 12,500 square feet for lots served by on-site septic, subject to the approval of the Health District. The lots are served by sewer facilities. Each resultant lot is over 5,000 square feet in size, and therefore the lots meet minimum lot size requirements. The Health District approved the preliminary subdivision; final plat approval is subject to the Health District’s final approval in accordance with BIMC 2.16.070.I.4. b. Density The maximum number of lots permitted shall be calculated by dividing the total lot area of the property (without deducting areas to be dedicated as public rights-of-way or Pleasant Beach Village Subdivision PLN 13880F SUB Page 12 of 14 areas to be encumbered by private road easements) by the minimum lot area for standard lots in the zone district. The site contains 210,289 square feet and is zoned R-5. Based on the base density of 8,500 square feet per lot, a maximum of 24 lots is permitted. The proposed plat creates 22 lots, and therefore meets density requirements. c. Maximum Lot Coverage Lot coverage is the portion of the lot area that may be covered by buildings (BIMC 18.12.050.K). Maximum lot coverage for lots in the R-5 district is 25 percent. The total lot coverage of 52,572 square feet is allocated as follows and noted on the face of the plat: 2,389 square feet per lot. d. Minimum Setbacks 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 rights-of-way) Minimum 15 feet Building to Open Space Minimum 10 feet Building to Trail Minimum 10 feet The plat is conditioned to reflect required setbacks. (Condition #25) 6. BIMC 18.15.010 Landscaping, Screening, and Tree Retention, Protection, Replacement A 10-foot width partial screen landscape buffer was previously required along Baker Hill Road and a 15-foot full screen landscape buffer was required to be planted along the east property line abutting the residential homes to the east. These requirements were conditions of approval for the Blossom Hill Site Plan Review, that then changed names to be the Pleasant Beach Village. The preliminary plat depicts the required buffer and a preliminary landscaping plan which meets planting requirements. The final plat is conditioned to plant the buffer and maintain plantings in perpetuity (Condition 13). 7. BIMC 2.16.125.H Preliminary Long Subdivision – Decision criteria a. The Hearing Examiner’s decision shall include findings of fact that the application meets all the following requirements. The preliminary long subdivision may be approved or approved with modification if: i. The applicable subdivision development standards of BIMC Titles 17 and 18 are satisfied. As conditioned, the subdivision complies with applicable standards Pleasant Beach Village Subdivision PLN 13880F SUB Page 13 of 14 ii. The preliminary plat makes appropriate provisions for the public health, safety and general and public use and interest, including those items listed in RCW 58.17.110. Adequate provision is made for the public health, safety and welfare, and public use and interest, including required items in 58.17.110 RCW such as streets and public ways. The project is conditioned to ensure adequate access, including emergency services access, water, sewer and stormwater facilities prior to final plat approval. (Condition #19) iii. The preliminary plat has been prepared consistent with the requirements of the flexible lot design process. The plat is consistent with the flexible lot design process and standards. iv. Any portion of a plat which contains a critical area, as defined in BIMC 16.20, conforms to all requirements of that chapter. The subject properties do not contain critical areas. v. Any portion of a plat within shoreline jurisdiction, as defined in BIMC 16.12, conforms to all requirements of that chapter. The property is not within shoreline jurisdiction. vi. The City Engineer’s recommendation contains determinations that all of the following decision criteria for long subdivision are met and such determinations are supported by substantial evidence within the record: The plat conforms to drainage regulations in BIMC 15.20 and 15.21; the plat 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; the streets and pedestrian ways as proposed align with and are otherwise coordinated with streets serving adjacent properties; the streets and pedestrian ways as proposed are adequate to accommodate anticipated traffic; there is capacity in the public water system to serve the plat, and the applicable service can be made available at the site; the plat conforms to the “City of Bainbridge Island Engineering Design and Development Standards Manual,” unless the City Engineer has approved a variation to the road standards in that document based on his or her determination that the variation meets the purposes of BIMC Title 17. The subdivision conforms to the requirements of this chapter and the standards in the “City of Bainbridge Island Design and Construction Standards and Specifications,” unless the City Engineer has approved a variation to the road standards in that document based on his or her determination that the variation meets the purposes of BIMC Title 17. As conditioned, the City Engineer recommends approval of the preliminary plat. The City Engineer found that, as conditioned, the preliminary subdivision: Conforms to surface and stormwater requirements; will not cause undue burden on the drainage basin, and will not unreasonably interfere with the use and Pleasant Beach Village Subdivision PLN 13880F SUB Page 14 of 14 enjoyment of properties downstream; the streets and pedestrian ways are coordinated with streets serving adjacent properties and are adequate to accommodate anticipated traffic; the water and sewer system has sufficient capacity to serve the plat; the preliminary plat conforms to the road standards contained in the “City of Bainbridge Island Design and Construction Standards and Specifications” manual with the exception of right-of-way with for which a variation was approved. (Condition 4, 5) vii. The proposal complies with all applicable provisions of this code, Chapters 36.70A and 58.17 RCW, and all other applicable provisions of state and federal laws and regulations. As conditioned, the plat complies with all local, state and federal regulations. viii. The proposal is in accord with the Comprehensive Plan. The proposal provides for a residential subdivision within a residential zone. The project is conditioned to notify the Department of Planning and the Washington State Office of Archeology and Historic Preservation if any historical or archaeological artifacts are uncovered during excavation or construction. (Condition #10) ix. A proposed subdivision shall not be approved unless written findings are made that the public use and interest will be served by the platting of such subdivision. Written findings are provided in this Staff Report and are also to be provided by the Hearing Examiner. II. Conclusions As conditioned, the proposed development is consistent with the Comprehensive Plan and applicable subdivision standards. Approval of the preliminary subdivision shall constitute authorization for the applicant to develop the facilities and improvements in strict accordance with standards established within the municipal code and recommended conditions. As provided in RCW 58.17.140, complete application for final subdivision shall be filed within five years of the date of preliminary subdivision approval. If the application is not filed within the five-year period, the approval shall expire and shall be void. Appropriate notice of application was made and comments were considered. The application is properly before the Hearing Examiner for decision. Exhibits: (See Hearing Examiners Exhibit List)