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SUB18840 HEX Exhibit 6Deborah Rose From: Sean Conrad nt: Wednesday, July 23, 2014 8:00 AM o: Deborah Rose Subject: FW: Comments for Public Hearing July 23, 2014 tax parcel 142502-2-051-2003 "Rolling Sunrise" Attachments: deep pot hole - flooding Sunrise - Duncan.jpg; flooded fire hydrant Sunrise.jpg; Flooding Duncan.jpg; hole through pavement Sunrise Dr..jpg; large potholes Sunrise Dr.jpg; potholes - flooding - Sunrise - Duncan.jpg; Sunrise Flooded -drains to private property.jpg; Sunrise flooded.jpg; water drains to private property.jpg; water on road drains to private property.jpg; water rushing down Sunrise Dr.jpg Importance: High Good morning Debbie - I just received these comments for today's hearing on the Rolling Sunrise Subdivision. Sean Conrad, AICP Planner City of Bainbridge Island 280 Madison Ave. N. (206) 780-3761 From: Laurel [mailt_Ijjames44Cacimail.com] Sent: Tuesday, July 22, 2014 5:02 PM To: Sean Conrad bject: Comments for Public Hearing July 23, 2014 tax parcel 142502-2-051-2003 "Rolling Sunrise" ainportance: High Please accept my comments for the the Public Hearing at fpm on July 23, 2014 regarding BGH, LLC request to subdivide a 3.4 acre property into 7 residential lots. On June 10, the city responded to comments submitted earlier. The text of the response is below. Clearly Sunrise Drive is in poor condition. The developer is assembling homes manufactured off site. It is my understanding that all 7 homes will be brought in via Sunrise Drive. Because these are manufactured off site, it is very likely the developer will be bringing in cranes and other large, heavy equipment. The existing road has no clearance (horizontally or vertically). I've lived at the end of the road for 22 years. In that time, the city has done no work on Sunrise Drive south of Albertson other than a few patches here and there. The road is falling apart. There are holes through the asphalt. the sides of the road are breaking off and it's very narrow in places. There is no place to pass a large truck, nor could a large truck/equipment back up on this road. The road also floods many times over every winter (sometimes like a river coming down from Bay Hay and Feed). The end of the road at Sunrise and Duncan is gravel and although the city owns and "maintains" Sunrise, it has never contributed to grading or adding gravel to the road end in the 22 years I've been here. Per the comments below, the city has no plans to fix this road. It makes no sense to me that the city is not doing everything it can to protect this road, especially since it is already failing. The city has no plans to fix Sunrise — so why on earth is the city letting heavy equipment use the road? The comment below says it is a "a `y -owned and maintained road. Heavy equipment has the right to use the road." THE CITY IS NOT IV AINTAINING THIS ROAD and had no plans to maintain it for at least the next 5 years (and maybe never)! The city then goes on to say that "Impacts caused by heavy equipment can only be addressed through a right-of- way permit; however this permit may not be needed." WHAT? The city's response to comments below said "These roads are in poor condition based on current City design standards." Why would the city not require a right-of-way permit? If the heavy equipment ruins the road and the city does not require this permit, what (-)2n? I'm already worried about my car falling apart with all the holes, bumps, and flooding, is the city prepared to pay for damage to cars if the builder damages the road further? At the very minimum, the city should require this right-of-way permit and at least document it's condition now. I've attached some pictures of the road taken over the last few months too. Thank you, Laurel Michael Comments and City Response 6/10/14: Developer should be required to reconstruct Sunrise Drive after homes are built due to the heavy equipment destroying the road. Sunrise Drive is a City -owned and maintained road. Heavy equipment has the right to use the road. Impacts caused by heavy equipment can only be addressed through a right-of-way permit; however this permit may not be needed. If a right -of way permit is issued and heavy equipment use is expected, the roadway condition will be documented before and after work and associated fees will be assessed. Increased traffic from the subdivision will impact Hyla and Sunrise which are already in poor condition. • Hyla Ave. Road in poor condition/narrow road/little to no storm water system in place to retain or divert the storm water Sunrise Drive Road in poor condition/narrow one -lane road/ storm water issues The proposed subdivision will increase traffic on both Hyla and Sunrise. Given the number of lots proposed in the development and the roadway access plan, the development does not meet the thresholds to require a traffic impact assessment. These roads are in poor condition based on current City design standards. However, there is not a mechanism in place to require the developer or future homeowners to address the impacts, however minor, to the existing City owned and maintained roads. This includes addressing existing storm water issues related to poor or inadequate ditches and culverts to adequately convey storm water to the Sound. Stormwater from the site must be addressed on the site or a downstream analysis will be required. The downstream analysis would identify deficiencies in stormwater conveyance. R,r 0 0 f yyjz�� � i44r u: 0 Y . NA 4" 6" i' Y " 6.L 16 7i it •. y:. d :•p m • .. .Hr Y, fOlr r. f6 In ¢• P yf. m �• sf Z. [. • � .de su Ah 0 = Y t. II Yj A' v� vy •� lu .PI F vpl Iv•• m �� L ed s l � !. - 6 ! '�� v rill' • l = If: n S r 9 J LIP r • y B y :e .:v li. eV .. ,. f e 9 f • i ! ..1: - I '.� f Vie. m i 1 f n .yam Y '�3: I�'. :C • v .•1IL .. Irp sy e 'a• P , u Y n Ci as. ° 1 °fit 1 •••� �!. '1• 1� II .11 1 11 1. ' °e ! 19 e • u _ 1�. 4 P� D1 A@ a 11 � qcl•. 5 - a7P 979.x, r Fl1 �1 1 1 � • 9 '3 h. 5Fm1nwnm- ;u � a 1 n .. .. .. - .. x• . ... a .9 , e PP.. e5 ' 5Fm1nwnm- ;u � a 1 n .. .. .. - .. x• . ... a .9 , Ir Io a 7 p �y64� . 1 Tr L 5 : :� i I�.i ���i..: e !lR'i91���•`111. 16Y '�`' i s y� q, x a' WIN .. l h51 OV, i P " d Rr � v 9. A l fl .a 9 .} e l L•�. .y d. i i J' �IS� � 1 S r^9 ��� �'. 'e a .: • i. s _ter a i i or„ �s Inir 1l g 'n h rr •m i'Mo••A X31.:sh 1 v C v r i1r 'fid P .SX'"k II 'jiv ea i €; Ya�� �5p� end nl' ' - 9 xJ �• rl re ',.w '1 p r v. ry e a G` dS. f• e �i L •1 i , Pr 1 {T 1�° @ A ,a e 1 e r-1 1 dP • i 1` 1 1°v ., ve•v L,�] 04 '•..y' z'�S�l P I 7N, all L @, m t �•, L 4 `n3 ��.... 6 .li 6m e 4L. @°: ��'},��F°,a@• k •� n r e X { YY y 1 m � a i r.. I L�� i R '�. � � q t �:• •ri d t 4—A t 'e� 1 � ° • d 1.� E i E q • i Theresa Rice From: Cliff Canfield [ccanfieldl957@yahoo.com] Sent: Wednesday, April 23, 2014 5:11 AM To: Sean Conrad; PCD Subject: Fwd: Rolling Sunrise Rau, � SL,svr`•X 50 IWO Nearly 3 months ago, I sent my concerns to you regarding the Rolling Sunrise Development. Has your report on this development been completed? I would like answers to my correspondence sent to the city on 1/24/14. Regards Cliff Canfield From: sconrad(ftainbridgewa.aov[mailto:sconrad(cbbainbridciewa.cI Sent: Friday, February 07, 2014 8:06 AM To: Cliff Canfield Subject: RE: Rolling Sunrise Mr. Canfield - Bainbridge Island %', �' 2 3 201nl Dept of Planning & -Community-Development-- I received your comments on the Rolling Sunrise Subdivision. As I work on the staff report for the subdivision over the next few weeks I will be addressing your questions as well as other questions and continents provided by your neighbors in the report. When the report is completed and available to the public to review you will be provided a letter. At that point you can contact me if you would like a copy and I can send the report via email if you like. Thank you. Sean Conrad, AICP Planner City of Bainbridge Island 280 Madison Ave. N. (206)780-3761 From: cliff Canfield [mailto:ccanfield()a-p.com] Sent: Friday, February 07, 2014 7:11 AM To: Sean Conrad; PCD Subject: FW: Rolling Sunrise Two weeks ago I sent my comments regarding the Rolling Sunrise development. I asked for a response but yet to receive any replies from COBI. Please provide me with an update on when I might hear back from you. Regards - Cliff Canfield Superintendent ph:(253)922-1884, fx:(253)922-2089 m:(206)-786-0465 ccanfielcIO-a-p.com Adolfson & Peterson Construction 6021 12`h Street East #100 Tacoma WA. 98424 www.a.p.com From: Cliff Canfield Sent: Friday, January 24, 2014 1:09 PM To: 'pcdCcbci bainbridge-isl wa us' Subject: Rolling Sunrise Please review and respond to attached. Response can be made to this e-mail address or ccanfield 1957@yahoo. com Regards Cliff Canfield Superintendent ph:(253)922-1884, fx:(253)922-2089 m:(206)-786-0465 ccanfield(q)_a-p.com MAdolfson i ! & Peterson Construction 6021 12th Street East #100 Tacoma WA. 98424 www.a-p.com `� rr�E Ra �1� � SU.�•r�6G-1-1 Theresa Rice g �p tggYO from: Adam & Goldsworthy [gavin@agols.com] dent: Tuesday, April 08, 2014 3:39 PM To: Bob Conoley Cc: michel.j.girard@gmail.com; Janette Hitch; PCD Subject: Re: BGH Topo drawing/ Topo is not the easement of 20 ft. location, right?/ Janette --will you tet us all know the time you can meet Thurs.4-10 w/ us, including the developer? Attachments: #8505240103 easement doc.pdf Hi Bob, Attached is the easement document I refer to on the drawing as the 20' easement per AFN 8505240103 which describes a 20' wide strip along the Eastern boundary of the Grantor's property. -Gavin ----- Original Message From: Bob Conolev To: 'Adam & Goldsworthy' Cc: michel.i.girardCilgmail.com ; ihitch(o)bainbridgewa.gov; pcdnabainbridgewa.gov Sent: Tuesday, April 08, 2014 2:49 PM Subject: RE: BGH Topo drawing/ Topo is not the easement of 20 ft. location, right?/ Janette —will you let us all know the time you can meet Thurs.4-10 w/ us, including the developer? Yo-Gavin/Sean, Janelle/Rob- Thanks. So the 20 ft. easement r.o.w. from my title documents as ingress access from North @ Sunrise to connect to Michel Girard's 3.5 acre site "Rolling Sunrise' is stated to be the eastern most twenty (20) feet, of the original 5 acres. The topo shows something different, I think, for where my existing driveway for #10781 Sunrise is located, which is closer. I need clarification for my meeting with Rob Grant and Janette Hitch and Sean Conrad on Thursday moreening, when Janelle signals the's available. QUESTION: Isn't Michel's easement still only the easternmost 20 ft? Mr. Girard in discussions with us and city for his new ingress infrastructure refers to his' title report easement" which he promised to show. Not yet seen. Do you have it? I'd like to take his title report ingress description as described to my meeting with city surveyor and engineer and Michel on Thursday a.m. April 10tth @ city hall. The agreement is done except for an Exhibit "F". It may be important to positioning before we file the BLA agreement as a Concomitant or developer agreement between the neighborhood and Mr. Girard. It's topics are covered in RCW 36.70b.170 , which include mitigation measures and design standards expected in the approval. -----Original Message ----- Bainbridge Island From: Adam & Goldsworthy [mailto:gavin(d)agols.com] Sent: Tuesday, April 08, 2014 10:48 AM APR - E 2014 To: bobthelawyerCo gwestoffice.net Cc: Michel Girard Subject: BGH Topo drawing Dept. of Planning E Community Development Hi Bob, Attached is the topography drawing we did for Michel that shows the existing driveway and how it relates to the easement. -Gavin a RABEhENT AND AGREEMENT THIS EASEMENT AND AGREEMENT in encored into this 10fltday of April. ' 1985, by and between DAMON B. PEELER andiyle,l,ru. gP'DELER, husband and wife ("Crentors" herein), and PETER T. JOBS and SUSAN 11. JOBB, husband and wife, ('Grantees" herain). RECITALS CD A. ',GvBhhat4�,Y€0 oettY. Grantors are the ownara of the following CN described coal Property, more particu!l.arl described sot O go- , Sinning at the Nartheniz carrier of eke. Southeast b L!) pia.P, QQggypp tee of the Northwest 'quarter of Section 14, Township ��� 00 '',/ LS��' enge 2 bast A 6henee Wast 209 fent, thence South 209 Jt R�jb"'11 feet, thence East 209 feet, thence North 209 feet to Cha Hae' 01T fT point of beginning, in. Ritsap County, Washington. til. q,r (the "Grantor Pvoporty"). LEYA� D. a.n1a�riBmfiiA. Grantees are the owners of the following 0 , described real property, more particularly described ant & p niLHji52 0 laeY Ifies[.uf N E nor c + try of _Cite N"fia,, Cpenee N 91 C'eeC ehbnc 0 ssoi +thehpe"E 2'96tiwee`E 'thence N 45f yes C, kite 209 FUgC, thence N aU9 pent to baginnxng . vet rtaliip. 25 N, Range E, W M.. Kitsop County,/ Wsshfgtan;: together_. with,,,? easement 'for ingress end ' ogYcso 'to and from :dna 'above-denccibed. real aBta Le prglperty over tha following dosexibed tract; Ragianing at, a point 36; hast -W. -if slid 40 rust -N of the. 5.W...cprnat of: the above-described pruportyi'-`clients 'R 361,,, Feet to tile ' West line of said proparryl: thenca S 40yeet along said lineoftbeS.W. earlier of said property; 4hence W 3611 feet along an e:tanaion of the south live of said property; thence . -N 7 Factalonga line parallel, to tha wantlineof said property,, thouce W` -,j0 Base alone .' line - ,t+nral-1c3-:to the south ling of Sold property; thence 11.1. along a straigllt line to tile.-beglhiting polar, 1!ARGSL 8: That pardon of the Southeast gnorLto' of the heutheaet quarter of the Northwast qu.trtaf of 5uetzun 14, Township 25 North, lbirgui 2 East, W.M., in lat.snp County, Washington, described as follows: Bogltali.ng 93C Loot Waft and 130 feet North and ) feet Const et the southeast corner of said aubdi.vi Slon; thence North 130 feet; thence East 108.5 feet; thunce south 530 faetl thence West L64.5 fact to the point of beginning. PARCEL CI That portion of the Southanot• quarter of the To theast quarter of Clio Northwest quurrev, Section Its, Township 25, North, Range 2 Feet, W.N., in Rltnap County, Washington, described no follows; Beginning 10 loot North of the Southeast corner of sold subdivla(oa; thence cleat 233 Lost; thence North 120 feet; thence User •Ill foot; chance South 120 feat; thence past 90 feat to tie• point of beginning. S- PARCEL Bt Beginning at a point )25 feet North of the I�tJ In hz center of Section 14, Township 25 North, Range 2 gent, aPL'� :1L19,H„ as the Point of g¢gtnningl thence continuo North x UV 310 feet; Chance West 158.5 feel'1 thence. South 310 loot; tC �¢ thence Base 158.5 feet to the Point of BoSla"Ing; Lyn s PARCEL Iii Beginning at a point 635 feat North of th,• US center of Section I8, Township 25 North, Range 2 hast, ^d W,H.; thenen North 25 feat; thanes WOOL 158.5 fest; thence South 25 fast; thence East 156.5 fact to Che Point of Doginning, Situate in Ritoop Cooney, Washington Basnmant and Agroanattt Page 1 8505240103 Pi113'31M ,Jul i r (the "Grantee Property"). C. At Grantors' request, Grantees have removed certain trees located upon the Grantee Property near Clio southern boundary of tha Grantor Property (the "Trees"). D.---•Granteea-are desirous of obtaining a non-exclusive easement '- for ingress, egress and utilities over a portion of the Grantor's Prop- erty which shall be appurtenant to and in favor of the Grantee Property (the "Easement"). H, GroatorD are desirous of granting the Easement, subject to And In accordance with the terms and conditions set forth herein. NOW '1HQUORE, in consideration of the mutual promises of the par- ties hereto, Grantees' removal of the Trees, and other good slid valuable consideration, the receipt of whicb is hereby acknowledged, the parties agree As rollow6: AOREEEENTS I. Easement --Tract. Grantors hereby $rent, convey and. quitclaim�. to Grantees a non-exclusive,right�o£-way or easement for ingress, egress, utilities and necessary appurtenances thereto over under, and through the fallowing described real property: ' ���Ai7 A/® ! e -A strip twenty (20) feet in width along- the eastern f e!t„ gi boundary of the Grantor Property. 1 '' (the "Easement Trace"), Qtp 2, Reservation. The parties acknowledge that Groncora presently U/ use F. --pari ar the Eanoment Trnct as a driveway for access to the Grantor Property. Grantors hereby reserve rile right to enter upon the Enonutent Tract for' ingress, Dgresn, maintenance, installation of utilities,and any other purpose or use not dnconsintoct with the parposns, of the Eesoment granted herein or.Grantaes' use of the Easement Tract. 9. Relocation. Grantors may, with Granceus' prior approval, which approval sha1.1 not be unreasonably withhold, inotall and construct utility syscome, improve, alter, relgcate or. reconstruct the P;asoment Treat, including, without: ldloltation, any accesnway located or constructed therein; lirovided, that such installation, improvement, alteration, relocation or reconntiuctlon does not unreasonably into'rfera with the Easement arented herein or Grantees' use of the Easement Tract. 4, Construction of Accessway. Grantee shell have the right, but not the cbllgaCicn, to construct all accessway within the gueement Tract aubject to and in compliance with the following: (a) Granto'cs are given reasonable notice of Grantees' intent Cc Commence construction; (b) Grantees Shall pay all costs relating to auch constractionl (c) The construction of the accesswly shall be undertaken in conformance with good constmetlon practices, but shall in all other respects he subject to Grantees' sole discretion; and (d) During construction and after completion of the acceeaway, Grantees shall, at Grantees' expense, maintain and repair Cha accasaway within the Easement Tract. 5, Structures. The parties agree not to build or maintain or have built or maintained any structure on tie Easement Tract which would interfore with ingress or agrees of Grantors or Grantees, 6. Warranties. Grantees acknowledge and warrant' that they are the foe owners of the Grantee Property slid that they have good and lawful authority and right to execute this Easement and Agreement and tiny and all reatrictionu in connection therewith. Grantoru acknowledge and warrant that they lire the fee owners of Grantor Property and that Easement and Agreement 8505240103 Page 2 Kri,34.1IB Jos they have good and lawful authority and right to axebjt;9 this Basement and Agreement and any and all restrictions .in connection therewith. 7. Attorneys' Fees, It, by reason of any default on the part of either the Grantees or Grantors, either party employs an attorney. the defaulting party shall pay the non -defaulting party's coats, expenses • end attorneys' fees reasonably expended or incurred by the non - defaulting party in connection therewith. 8. General. Invalidation of any one of these covenants or re- strictions by a judge or court order shall in no way effect any other Provisions hereof, which shell remain in full force and effect. This Easement and Agreement contains the entire agreement between Grantors and Grantees, Modification at waiver of any of the provisions of this Easement and Agreement shall be effective only if made in writtng•and executed with the same formality ae this Easement end Agreement, polls 0 of aithor party to insist upon strict performance of any of the pro¢\.;.tana of this Easement and Aiteement shall not be 'conatrued as A waiver of any subsequent default of the same or a similar nature. 9. Covenants Sooting With the land. The agreements, conditions, covenants, and roetrirtiona containedherein shall be doomed covenants running with the land, This Easement and Agreement and chs covenants, restrictions, benefits and obligations created hereby, shall inure to the benefit of and be binding upon Grantors and Grantees and their auccaoaors, grantees and assigns. All conveyances of any real proper- ties described herein Shall he subjaat to thio Easement and Agreement. EEEOU'TEb as of the day and your first above written. GRANT'OR9: GRANTEESt Ika.rjm•le h• ' DAMGN E. PEELER and PEELER,PETER d. JOBS AND SUSAN E. JOBS, {/hhu�ssbbanndd and �wife -. `£t PEELER -" D Mpfj PEELER f STATE OF WASHINGTON ) • ) 6a. COUNTY OF �_ ) On thi-s^dn�y peraonally appeared before ma Oamnn E. Peeler and 122ZIggi Peeler, husband and wife, to me known to be the Indi- viduals described lm and who executed the within and foregoing instru- ment, and acknowledged that they signed the some its their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVE under my hand and official aenl this _y day of ^,r �, 1985. u`iljim! 4i /iii�ry�PlA Natery Public in and Eox the SLAC nE Washington, residing at rfL�oborthr• a�.�sfr 1985 NAY 24 rH AYE 55 NIi5.5P tCOV3f AIVIII �Oprom ofpury._—�— Easement and Agreement Page 7 8505240103 RIE -34m ,90R J Kot[„ Theresa Rice ENNIE From: Bob Conoley [bobthelawyer@gwestoffice.net] )Sent: Tuesday, April 08, 2014 2:49 PM To: 'Adam & Goldsworthy' Cc: michel.j.girard@gmail.com; Janelle Hitch; PCD Subject: , RE: BGH Topo drawing/ Topo is not the easement of 20 ft. location, right?/ Janelle --will you let us all know the time you can meet Thurs.4-10 w/ us, including the developer? Yo-Gavin/Sean, Janelle/Rob- Thanks. So the 20 ft. easement r.o.w. from my title documents as ingress access from North @ Sunrise to connect to Michel Girard's 3.5 acre site "Rolling Sunrise" is stated to be the eastern most twenty (20) feet, of the original 5 acres. The topo shows something different, I think, for where my existing driveway for #10781 Sunrise is located, which is closer. I need clarification for my meeting with Rob Grant and Janelle Hitch and Sean Conrad on Thursday moreening, when Janelle signals the's available. QUESTION: Isn't Michel's easement still only the easternmost 20 ft? Mr. Girard in discussions with us and city for his new ingress infrastructure refers to his" title report easement" which he promised to show. Not yet seen. Do you have it? I'd like to take his title report ingress description as described to my meeting with city surveyor and engineer and Michel on Thursday a.m. April 10tth @ city hall. The agreement is done except for an Exhibit "F'. It may be important to positioning before we file the BLA agreement as a Concomitant or developer agreement between the neighborhood and Mr. Girard. It's topics are covered in RCW 36.70b.170 , which include mitigation measures and design standards expected in the approval. ---;-Original Message ----- From: Adam & Goldsworthy [mailtomavinaa aaols.com] Sent: Tuesday, April 08, 2014 10:48 AM To: bobthelawyercd)awestoffice.net Cc: Michel Girard Subject: BGH Topo drawing *1 - Attached is the topography drawing we did for Michel that shows the existing driveway and how it relates to the easement. -Gavin Bainbridge Island APR - 0 2014 Dept. of Planning & Community Development 10781 Sunrise Dr. NE Island - 8 2014 ,epj e! Planning 8 Pn, imunity Development q - 1&�!z DATE: TO: ✓r �q 12068551313 p.1 Iu VMD 20�t', N,6r�4% ROBERT O. CONOLEY 5 w43 b if $ N 0 Attorney at Law 10781 Sunrise Dr. NE Bainbridge Island, WA 981 0 �f 206-855-8945 -S9 g6 Fax 206-855-1313 ;O FAX TRANSMITTAL FIRM NAME:Q— , Q-t�tp FAX NUMBER`. -7,g $ Q _ 3,T (j5 NUMBER OF PAGES (including this one): TIME SENT:_ _A /P If pages are missing or incomplete, please notify us at the above number. % COMMENTS: \Lk t o B-, t ,0 , — � ` Qra Wd 1111 lit -Mll Original will be _ Mailed Filed NOTE: If you have received this communication in error, please notify us immediately by telephot(ed trz d C the original. This message is intended for the sole use of the individual to whom it is addressed. This transmittal may have information that is privileged and confidential and exempt from disclosure under applicable laws. If the reader of this communication is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication if strictly prohibited. U 10781 Sunrise Dr. NE 12068551313 p.2 P -.:a J cP ; Bob Conotey From: Bob Conoley (bobthelawyer@gwestoffice.netl Sent: Tuesday, April 08, 2014 2:49 PM To: 'Adam B Goldsworthy' Cc:'michel.j.girard@gmail.com';'jhitch@bairbridgewa.gov';'pcd@bainbridgewa.gov' Subject: RE: BGH Topo drawing/ Topo is not the easement of 20 ft. location, right?/ ,Ianelle --will you let us all 'know the time you can meet Thurs.4= 0 wl us, including the developer? Yo-Gavin/Sear., Janelle/Rob- Thanks. So the 20 ft. easement r.o.w. from my title documents as ingress access from North a Sunrise to connect to Michel Girard's 3.5 acre site "Rolling Sunrise" is stated to be the eastern most twenty (201 feek of the original 5 acres. The topo shows something different, I thirds, for where my existing driveway for x+:10781 Sunrise is located, which is closer. I need clarification for my meeting with Rob Grant and Janelle Hitch and Sean Conrad on Thursday moreening, when Janette signals the's available. QUESTION: Isn't Michel's easement still only the easternmost 20 ft? Mr. Girard in discussions with us and city for his new ingress infrastructure refers to his" title report easement' which he promised to show. Not yet seen. Do you have it? I'd like to take his title report ingress description as described to my meeting with city surveyor and engineer and Michel on Thursday a.m. April 10tth @ city hall. The agreement is done except for an Exhibit "P. It may be important to positioning before we file the BLA agreement as a Concomitant or developer agreement between the neighborhood and Mr. Girard. It's topics are covered in RCW 36.70b.170 , which include mitigation measures and design standards expected in the approval. -----Original Message ----- From: Adam & Goldsworthy [mailto:gavin@agols.ccm] Sent: Tuesday, April 08, 20:4 10:48 AM To: bobthelawyer@gwestofFce.net Cc: Michel Girard Subject: BGH Topo drawing H Bob, Attached is the topography drawing we did for Michel that shows the existing driveway and how it relates to the easement. -Gavin+. 4/8/2'014 10781 Sunrise Dr. NE 12068551313 p.3 r 4 e^ nN y� rSs�s•�n G-,• oar` oma; Q1 a P ti � r m pt ! !• ,� w`Oy� 'co �p vav I01 y r ^ . e = r ._ / •L t i x—x—x— ` N M109758" int 5_I yf C1 679 58" w 458.20' o' 7 { '��•f==='-%3=._t.Z•'•?k`:-SE;,;s' a i a e O 3 p cc 0 C SA li�Y �'•'y f4 (�•a ty b 2• i 4 NTt' x—x—x— ` N M109758" int 5_I yf C1 679 58" w 458.20' o' 7 { '��•f==='-%3=._t.Z•'•?k`:-SE;,;s' i a e 3 SA li�Y �'•'y f4 (�•a ty � � �. Id O CL C1 679 58" w 458.20' o' . .. .--------• '��•f==='-%3=._t.Z•'•?k`:-SE;,;s' 3 SA li�Y �'•'y f4 (�•a ty � � �. i 4 NTt' 10781 Sunrise Dr. NE WW 36.701o.110: Development agreements —, liorized. 12068551313 p.4 http://ar, .1eg.w•a.govhcw!dcfault.aspx?cite=36.70b.170 &AI& Inside the Legislature * Find Your Legislator �* Visiting the Legislature Agendas, Schedules and Calendars Bill Information * Laws and Agency Rules * Legislative Committees is Legislative Agencies Legislative Information Center E-mail Notifications I* Civic Education j * History of the State Legislature i Outside the Legislature i.x Congress - the Other Washington x TVW �* Washington Courts *' OFM Fiscal Note Website Access Washingtone RCWs > Title 36 > Chaoter 36.7Db > Section 36.70b.170 36.70[3.160 << 36.70b.170>> 36.706.180 RCW 36.70b.170 Development agreements — Authorized. I Help I Mobile (1) A local government may enter into a development agreement with a person having ownership or control of real property within its jurisdiction. A city may enter into a development agreement for real property outside its boundaries as part of a proposed annexation or a service agreement. A development agreement must set forth the development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. A development agreement shall be consistent with applicable development regulations adopted by a local government planning under chapter 36.70A RCW. (2) RCW 36.706.170 through 36.7013.190 and section 501, chapter 347, Laws of 1995 do not affect the validity of a contract rezone, concomitant agreement, annexation agreement, or other agreement in existence on July 23, 1995, or adopted under separate authority, that includes some or all of the development standards provided in subsection (3) of this section. (3) For the purposes of this section, "development standards" includes, but is not limited to: (a) Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes; (b) The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications; (c) Mitigation measures, development conditions, and other requirements p=riTder chapter 43.21 C RCW; (d) Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features; (e) Affordable housing; (f) Parks and open space preservation; (g) Phasing; (h) Review procedures and standards for implementing decisions; I of 8/24;2013 7:32 10781 Sunrise Dr. NE V -36.70b.170: Development agreements— Aut, zed. 12068551313 p.5 http://apps wa.govircw/default.aspx?cite=36.70b.170 (i) A build -out or vesting period for applicable standards; and (j) Any other appropriate development requirement or procedure. (4) The execution of a development agreement is a proper exercise of county and city police power and contract authority. A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. A development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety. [1995 c 347 § 502.1 Notes: Findings -- Intent --1995 c 347 §§ 502-506: "The legislature finds that the lack of certainty in the approval of development projects can result in a waste of public and private resources, escalate housing costs for consumers and discourage the commitment to comprehensive planning which would make maximum efficient use of resources at the least economic cost to the public. Assurance to a development project applicant that upon government approval the project may proceed in accordance with existing policies and regulations, and subject to conditions of approval, all as set forth in a development agreement, will strengthen the public planning process, encourage private participation and comprehensive planning, and reduce the economic costs of development. Further, the lack of public facilities and services is a serious impediment to development of new housing and commercial uses. Project applicants and local governments may include provisions and agreements whereby applicants are reimbursed over time for financing public facilities. It is the intent of the legislature by RCW 36.70B.170 through 36.70B.210 to allow local governments and owners and developers of real property to enter into development agreements." 11995 c 347 § 501.1 of 2 9124J20 13 7:32 P 10781 Sunrise Dr. NE Bainbridge Island APR - 7 2014 Dept. of Planning 5 Community Development B • I °-� R, DATE: TO: FIRM NAME: FAX NUMBF 12068551313 p 1 TERED EJB*r �01 �'tvtc, 51AI �r`fs12- ROBERT O. CONOLEY Attorney at Law 10781 Sunrise Dr. NE Bainbridge Island WA 98110 206-855-8945 Fax 206-855-1313 FAX TRANSMITTAL — 0 IT d � '3 r7 ( 0 NUMBER OF PAGES (including this one):_TIME SENT: -L.- /ts Are If pages are missing or COMMENTS: V-4 pleasenotifyus the above number. pl ease�-w`Pi r. 0t Y7 "r;6� Original will be _ Mailed Filed �p Not Sent Tm NOTE: if you have received this communication in error, please notify us imme Lely by telb+phone and rer the original. This message is intended for the sole use of the individual to whom it is addressed. Titin trans& 6 . C-. may have information that is privileged and confidential and exempt from disclosure under applicable laws. If the reader of this communication is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication if strictly prohibited. 10781 Sunrise Dr. NE 12068551313 p.2 http://wwtv2. ofseattle.net(udlttours/seastreetlslidel.htn Welcome to the virtual tour of SEA Street, a Seattle Public Utilities Natural Drainage Systems (NDS) project located in northwest Seattle- This prototype project, the first NDS project in Seattle, shows a range of unique drainage and street design innovations. The tour begins at the intersection of 2nd Avenue NW and NW 117th Street, and moves north along 2nd Avenue NW to NW 120th Street. At each stop in the tour, labeled on the map of the project site below, you'll learn about the goals of this pioneering project 1k; T #!9e 2OWaterquality Lantlscape ® MobiliTyO Community Education ,NexYA 3142014 322 Pi 10781 Sunrise Dr, NE After recording return to: Robert O. Conoley 10781 Sunrise Dr, Bainbridge Island, Wa. 96110 12068551313 p.3 BOUNDARY LINE ADJUSTMENT AGREEMENT PURSUANT TO RCW 58.04.007(1) Grantors: BGH, LLC, by & through its authorized agent, Michel Girard Robert O. Conoley & Michelle Shellenberger Short Legal Description: A portion of SE %4. NW './, Sec. 14, T.25N., R 2E., W.M., in Kitsap County, Washington Assessor's Property Tax Parcel Xs: 142502-2-051-2003; 142502-2-050-2004 Reference #'s of Documents Assigned or Released: THIS BOUNDARY LINE AGREEMENT PURSUANT TO RCW 58.04.007(1) (this "Agreement") is made this day of March, 2014, by BGH, LLC ("BGH) & by Robert O. Conoley & Michelle Shellenberger, husband & wife, (Conoley/Shellenberger). RECITALS A. BGR, LLC is land owner of certain real property located on Bainbridge Island, Wa., in Kitsap County, as legally described on Exhibit "A", attached hereto and incorporated by this reference ("BGH, LLC property"). B. Conoley & Shellenberger are land owners of certain real property on Bainbridge Island, Wa., in Kitsap County, as legally described on Exhibit "B", attached hereto and incorporated by this reference ("Conoley/Shellenberger property"). C. The BGH, LLC property and the Conoley/Shellenberger property are contiguous real property parcels. Their boundaries are in actual dispute among the respective landowner parties as to locations of boundary lines & encroachments. The parties wish to amicably resolve all thesedisputes & property lines between then[. Page 1 10781 Sunrise Dr. NE 12068551313 p.4 D. BGH, LLC and Conoley/Shellenberger per RCW 58.04.007(1) & WAC 458-61A- 109 will execute and record this agreement to clear title to and resolve these common boundaries disputes between their respective real properties. It is their understanding that pre -paying ad valorem taxes won't be required as a result. IN WITNESS WHEREOF, all parties executed this as on the date first above written. By: BGH, LLC, through its authorized agent Michel Girard By: Michelle Shellenberger/Robert O. Conoley Wife & husband, individually & as marital property Page 2 NOW, THEREFORE, BGH, LLC and Conoley/Shellenberger as parties agree as follows: 1. BGH, LLC & Conley/Shellenberger agree that the survey prepared by Surveyors Adams & Goldsworthy made on and recorded on under Kitsap County Auditor's file 4 depicts accurately the locations of the agreed boundary lines between their parcels. The survey by said surveyors is attached hereto as Exhibit " C. " Further descriptions of Resultant Parcels may be warranted after recording of this survey & agreement, or the parties may mutually consent otherwise, which agreements shall not be unreasonably required, withheld or compelled. 2. BGH, LLC and ConoleyiShellenberger intend by this agreement to resolve all common boundary line disputes between their respective parcels in accordance with the provisions ofRCW 58.04.007(1) and WAC .458-61A-109. 3. After recording of the survey and this agreement, resultant BGH parcel shall be described in attached Exhibit "D", & resultant Conoley/Shellenberger parcel shall be described in attached Exhibit "E". Also, agreed Exhibit 'T" terms shall apply. 4. ( The parties shall further quit claim and convey to the other parties any portions of their parcels as needed to comply with this agreement or to carry out its intents. 5. The parties agree further that all conveyances and boundary adjustments herein will create resultant parcels nearly equal in size or area conveyed, or otherwise are negligible in net effect on relative parcel sizes of the parties after said boundary line resolutions, made in order to leave in place a fence line or any successors. 6. Any dispute arising under this agreement shall be submitted initially to the Kitsap County Dispute Resolution Center & if not resolved, then for a ruling using an agreed arbitrator under the appropriate arbitration rules. Fee and costs awards disputes if any shall be resolved by seeking a recommendation from either the dispute center or arbitrator. 7. This agreement shall inure to, bind & benefit parties' heirs, successors or assigns. S. This agreement, its execution & compliance shall be governed by the laws of the STATE OF WASHINGTON. IN WITNESS WHEREOF, all parties executed this as on the date first above written. By: BGH, LLC, through its authorized agent Michel Girard By: Michelle Shellenberger/Robert O. Conoley Wife & husband, individually & as marital property Page 2 i� 10781 Sunrise Dr. NE EXHIBIT A 12068551313 p.5 EXISTING LEGAL DESCRIPTION OF BGH, LLC PROPERTY ASSESSOR'S ACCOUNT NO. 142502-2-051-2003 That portion of the Southeast quarter of the Northwest quarter, Section 14, Township 25 North, Range 2 East, W.M., City of Bainbridge Island, Kitsap County, Washington described as follows: Beginning 209 feet West of the Northeast corner of said Southeast quarter of the Northwest quarter; Thence West 81 feet; Thence South 660 feet; Thence East 290 feet; Thence North 451 feet; Thence West 209 feet; Thence North 209 feet to the Beginning. File: 5501 EX Desc.doc AM 10781 Sunrise Dr. NE EXHIBIT B 12068551313 p.6 EXISTING LEGAL DESCRIPTION OF CONOLEY/SHELLENGERGER PROPERTY ASSESSOR'S ACCOUNT NO. 142502-2-050-2004 That portion of the Southeast quarter of the Northwest quarter of Section 14, Township 25 North, Range 2 East, W.M., City of Bainbridge Island, Kitsap County, Washington, described as follows: Beginning at the Northeast corner of said subdivision; Thence South 209 feet; Thence West 209 feet; Thence North 209 feet; Thence East 209 feet to the True Point of Beginning. File: 5501 ET Desc.doc 10781 Sunrise Dr. NE 12068551313 p.7 e 10781 Sunrise Dr. NE EXHIBIT D 12068551313 p.8 LEGAL DESCRIPTION OF RESULTANT BGH, LLC PROPERTY RESULTANT PARCEL B That portion of the Southeast quarter of the Northwest quarter of Section 14, Township 25 North, Range 2 East, W.M., City of Bainbridge Island, Kitsap County, Washington, described as follows: Beginning at a brass disk monument at the North quarter corner of said Section 14, from which a brass disk monument at the Northwest comer of said Section 14 bears North 88°38'27" West 2647.77 feet: Thence along the centerline of said Section 14, South 01'09'58" West 1533.46 feet to the True Point of Beginning; Thence continuing along said centerline, South 01'09'58" West 468.14 feet to the Southeast comer of the Northeast quarter of the Southeast quarter of the Northwest quarter of said Section 14; Thence leaving said centerline, North 88°14'46" West 290.01 feet; Thence North 01°09'58" East 666.51 feet to the North line of said Northeast quarter; Thence along said North line, South 88°22'40" East 80.49 feet; Thence leaving said North line, South 02°16' 30" West 220.29 feet; Thence North 85°56'59" East 214.65 feet to the centerline of said Section 14 and the True Point of Beginning. File: 5501 EX Desc.duc 10781 Sunrise Dr. NE EXHIBIT E 12068551313 p.9 LEGAL DESCRIPTION OF RESULTANT CONOLEYISHELLENBARGER PROPERTY RESULTANT PARCEL A That portion of the Southeast quarter of the Northwest quarter of Section 14, Township 25 North, Range 2 East, W.M., City of Bainbridge Island, Kitsap County, Washington, described as follows: Beginning at a brass disk monument at the North quarter comer of said Section 14, from which a brass disk monument at the Northwest comer of said Section 14 bears North 88°38'27" West 2647.77 feet; Thence along the centerline of said Section 14, South 01*09'58" West 1334.40 feet to the Northeast corner of the Northeast quarter of the Southeast quarter of the Northwest quarter of said Section 14 and the True Point of Beginning; Thence continuing along said centerline, South 01*09'58" West 199.06 feet; Thence leaving said centerline, South 85°56'59" West 214.65 feet; Thence North 02016'30" East 220.29 feet to the North line of said Northeast quarter; Thence along said North line, South 88°22'40" East, 209.51 feet to the True Point of Beginning. Together with and Subject to easements, restrictions and reservations cf record. File: 5'01 EXDesc.doc Rice 'RAI�y 5,..�r ist `7�3 IS�yv From: GERALD STEVENSON [geraldbstevenson@msn.com] Bainbridge Island nt: Monday, February 10, 2014 3:35 PM to: PCD Subject: Rolling Sunrise Subdivision - Community Input r ­J' If 0 20114 Dear Mr Conrad Dept. Of Planning & Community Development This is in reference to Permit request SUB18840 for 7 homes bordered by Sunrise on the East and Hyla on the Southwest. We look forward to the "managed" growth and change in the Rolling Bay area. My neighbors and I want to ensure that the "front end" development of property follow some Guiding Principles. None of us want to end up with safety issues, extra cost burdens or fractured neighborhoods because adequate infrastructure was not built at the most opportune time --when the new growth is planned! Two Guiding Principles Principle #1. The road infrastructure for new developments must be safe; robust; and paid for at the front end of development by the Developer. its means that today's cow trails and haphazard paths must give way to modern infrastructure. We Know the heavy trucks that come with construction. Then moving vans, utility vehicles, fire trucks, ambulances and daily services and other deliveries must have efficient access. Principle #2. The new Developments should benefit the whole community where a simple step -wise addition to the plan will provide exponential gain for the neighborhood. At this time the southern access to/from the Rolling Bay area is crimped. The erosion on Manitou Beach has made a key egress artery one-way. The traffic congestion from Rolling Bay to town is very fragile --a problem on NE Valley would cripple an emergency evacuation. Adding a thoroughfare on South Sunrise and along Hyla has to be in the Planning Forecast. It looks like now is the time to make that a reality! Simple adjustments to the housing plans would readily accommodate this new North/South artery and provide a new gateway to the Rolling Bay center on the north and to Murden Cove on the South. In addition, Sunrise and Hyla have a trail system that connects the two and is used by many of us in the neighborhood. This series of walking paths needs to be maintained and hopefully integrated with a longer term view to connecting this leg to an island trail system. Lastly, funds from the Developer (and any Developer in Rolling Bay) should be put in reserve for a park or other beautification at the Rohing Bay core (Sunrise and NE Valley). The neighborhood is .tively working on a plan to purchase property and upgrade the community core and this funding would accelerate the neighborhood effort. With this backdrop here are our recommendation: 1. Extend South Sunrise from NE Valley to the end of the new Subdivision (SE corner). z. Connect South Sunrise to Hyla (either crossing the development diagonally or along the southern and eastern borders of the new development) 3. Pave these roads from Murden Cove to NE Valley. Make them wide enough for common infrastructure (water, electric and possibly put in sewer lines) and ensure they are designed to carry the largest & heaviest vehicles 4. Provide a walking and bike paths along this new roadway from NE Valley to Murden Cove 5. Accept $100,000 from the developer for green space development and put it in a reserve fund to improve the Rolling Bay core. Please let me know if you have any questions. Will you also include me in your normal communications as this project moves forward? Sincerely, Jerry Stevenson 10728 NE Valley Road G06-290-0173 z Theresa Rice crom: Cliff Canfield [ccanfieldl957@yahoo.comj :nt: Friday, February 07, 2014 4:36 PM ro: Nan Gladstein Cc: Sean Conrad; PCD Subject: Rolling sunrise Nan, I simply asked when I might receive a comment back from the city regarding the Rolling Sunrise Development. I was not expecting a flippant response by a city representative. My bubble remains intact and await Mr. Conrad's reply to my concerns. Respectfully submitted Cliff Canfield Bainbridge Island F E 0 7 2014 Dept. of Planning & Community Development From: NGladsteinna,bainbrideewa.gov[mailto:NGladsteinCa,bainbriddpewa.eov] On Behalf OfPCDnabainbridgewa. gov Sent: Friday, February 07, 2014 10:44 AM I : Cliff Canfield Cc: sconrad ,bainbrideewa.gov Subject: RE: Rolling Sunrise Hello, Mr. Canfield... I apologize that you have not received a response, and have to momentarily burst your bubble. Staff has been in mandatory training all week, and Mr. Conrad is in training in Seattle today. So this is written as a heads up to you that Mr. Conrad will be unable to respond until next week. I appreciate your patience and understanding. Nan Gladstein — Land Use Clerk From: Cliff Canfield [mailto:ccanfieldna,a-o.com] Sent: Friday, February 07, 2014 7:11 AM To: Sean Conrad; PCD Subject: FW: Rolling Sunrise Two weeks ago I sent my comments regarding the Rolling Sunrise development. I asked for a response but yet to receive, any replies from COBI. Please provide me with an update on when I might hear back from you. Regards. tiff Canfield Superintendent ph:(253)922-1884,fx:(253)922-2089 ' l m:(206)-786-0465 ccanfield@a-p.com (WAdolfson O & Peterson Construction 6021 12 Street East # 100 Tacoma WA, 98424 www.a-p.com From: Cliff Canfield Sent: Friday, January 24, 2014 1:09 PM To: 'pcd@ci.bainbridgg-isl.wa.us' Subject: Rolling Sunrise Please review and respond to attached. Response can be made to this e-mail address orccanfieldl957na.vahoo.com Regards Cliff Canfield Superintendent ph:(253)922-1884, fx:(253)922-2089 m:(206)-786-0465 ceanfield@a-p.com Adolfson i & Peterson Construction 6021 12th Street East #100 Tacoma WA, 98424 www.a-p.com Sent from my Wad. (;Ka-&15W • Theresa Rice— %a ENTEREb Crom, Michel Girard [michel@bghdevelopment.com] Bainbridge Island �nt: Thursday, January 30, 2014 9:55 AM If o: Janelle Hitch Cc: Sean Conrad; PCD JAN 3 0 2014 Subject: RE: Rolling Sunrise/BGH SUB18840 Dept. of Planning b Janelle — Community Development I do apologize as their appears to be some confusion. I spoke with Sean asking about this items and was informed that what we provided at the initial meeting was enough for the intake and these would be conditions of issuance. However, the good news, knowing that these will be required, we have already begun the process. I will speak with my team and get an eta of when we can get you these documents. Again, sorry for the confusion and we will get you these documents asap. Michel From: jhitchCa)bainbridaewa.gov[mailto:jhitch(5ibainbridgewa.aov] Sent: Thursday, January 30, 2014 8:26 AM To: michel@)bghdevelopment.com Cc: sconradCa bainbridoewa.gov; PCDebainbridoewa.gov subject: Rolling Sunrise/BGH SUB18840 Please see the attached Preapplication letter. Highlighted are several items that needed with the subdivision application. I did not see these in the materials submitted. Please provide them at your earliest convenience. Thanks, Janelle Hitch Janelle Hitch, P.E. Development Engineer City of Bainbridge Island (206) 780-3783 ihitch@bainbridgewa.eov ENTEnv'' ��. e��9_ c-.0 . -zq (4 Q Your Recommended Citizen Guide of Sample Comment Areas to offer for the city review of the SEPA ecology conditions due fbr LQ �Q not later than 1-24-14 : ' 1. EARTH- slope, soil type, unstable soil; excavation, grading, source of fill, erosion, amount if impervious surface, fertilizer, toxic weed control, wet land 2. AIR- emissions during and after construction, groundwater remediation, compost, heating, smoke, burning refuse 3. WATER- surface, underground, diversions, discharge, roof drains, run off 4. PLANTS- types of vegetation, removal, alteration, threatened species, mitigation, exotic or non-native plant planning © ANIMALS- wild animal & fowl migrations, domesticated animals, pets, noise 6. ENERGY AND NATURAL RESOURCES- types, solar, mitigations Q ENVIRONMENTAL HEALTH- contamination before and after occupancy, Bainbridge toxic storages, emergency remedies and access, mitigation efforts 8. NOISE- buffers, siting such as heat pumps, vehicles on sit, drones, generators 9. HOUSING- aesthetics, eliminating residential units, delays in build -outs, JAN 2 7 heights, loss of privacy, use of cell and musical devices, t.v. and cable relics 10. LIGHT AND GLARE mitigation types of lights and visibili rab Island 2014 1 1.711. RECREATION ON. SITE- basket ball courts, RV storage and boat ges, ernes Commuo ty Dleve opmeni maintenance, dirt bikes, dune buggies, trails for owners and neighbors 12. HISTORIC/ CULTURAL IMPACTS- assess historic vantages & artifacts 13. TRANSPORTATION- parking, public and school transit; mail and garbage access; road improvements, signs, reduction of trips a day, climate impacts, paving, other 14. PUBLIC SERVICES DEMANDS -police, fire, medic, parks, trails, sidewalks 15. UTILITY NEEDS -power loss, storm damage, alternatives MISCELANEOUS COMMENT TOPICS NOT DESCRIBED ABOVE: YOUR COMMENTS: SIGNATURE PRINT NAME ma-r�1����C � /:\�77:i.�T.�� DATE Inotry-sk!4"Y& vigtd EM IL/TEL #i rp_ ��o�oSu-nria� 1��3•l5� �& T ratlic, Speeds, Road hazards and Safety --- X Noise anP ^ongestion--- Bainbridge Island Drainage, Run-off and Water --- Septic and Sewer--- JAN 2 7 2014 Parking and Street & Trail Networking--- Dept. or Planning a _ Incompatible uses, Piecemeal, or Less- well -regulated mix of uses Community Development Environmental, Pollution, Murden Cove watershed degradations such as --- _X OTHER--- NEW SEVEN (7) HOME SUBDIVISION, as renamed, "ROLLING SUNRISE" starting soon 200 ft. from south end of Sunrise Dr. & west end of Duncan Ln. intersection; similar pre -fab homes soon @ Holly Farm Ln.; Project Pre -app #18844; Q's: Road maintenance and widths? Both streets make 2 vs. 1 way? New turnouts? Pedestrian safety and paths? Trash & mail? Site egress to Hyla road? Ancient tree fate in site middle? Current public path to Murden Cove & post office from Hyla kept open; trees saved vs. all cut now? Drainage and septic impacts underground and surface waters. City Planner Heather Beckmann 780-3754/ pcdbainbridgewa.gov ANY COMMENTS? rh sdh retoe-� o—KJ ENTERED 0411 5� 11Ty o W Bainbridge Island JAN 2 7 2014 Dept. of Planning & Community Development ,a ; If V-10 THE UNDERSIGNED, BEING A REAL PROPERTY OWNER WITHIN THE INTENDED SPECIAL PLANNING AREA (S.P.A.), ALONG WITH OTHERS SIGNING BELOW OR SEPARATELY, LOCATED AT ROLLING BAY, BAINBRIDGE ISLAND, WA., HEREWITH FORMALLY REQUEST(S) THE CITY COUNCIL AS OF THIS DATE BELOW, INSTITUTE THE SPECIAL PLANNING AREA PROCESS AT ROLLING BAY IMMEDIATELY, UTILIZING ALL OF THE NEIGHBORHOOD SERVICE CENTER ("NSC") PROTOCALS, PROVISIONS AND PROCEDURES CURRENTLY EXPECTED FOLLOWING ANY SUCH REQUEST. FUTHERMORE, ALL AFFECTED CHANGES IN THE ROLLING BAY NSC AREA BE TABLED AND HELD IN ABEYANCE BY THE CITY UNTIL AND AFTER THE S.P.A STEERING COMMITTEE IS FORMED AND CAN IMPLEMENT DEVELOPMENT OF A FINAL PLAN OF COMPATIBLE USES AT ROLLING BAY. THESE INCLUDE IMPLEMENTING THE COMPREHENSIVE PLAN VISIONS STATEMENT OF DECEMBER 8, 2004 AND SUPPORTING CODE STANDARDS. AMONG THE URGENT CURRENT MATTERS WARRANTING SUCH IMMEDIATE RELIEF WHICH THE UNDERSIGNED WOULD SPECIFICALLY IDENTIFY FOR COUNCIL & PRIORITIZE IN SUPPORT OF THIS REQUEST ARE: Traffic, Speeds, Road hazards and Safety --- Noise and Congestion --- Drainage, Run-off and Water --- -1 Septic and Sewer --- 3 Parking and Street & Trail Networking --- Incompatible uses, Piecemeal, or Less- well -regulated mix of uses --- (p Environmental, Pollution, Murden Cove watershed degradations such as --- OT14ER--- Woo\& e ncay. � Dvrtc�,,. L"_^"i'o nOi Sit n-,Sk �+ �M p aa- ,day z ow Qh des )_ SIGNATURE PRINT NAME ADDRESS DATE EMAIL OTHER COMMENTS (optional): 7w, 12— r1a ti THE UNDERSIGNED, BEING A REAL PROPERTY OWNER WITHIN THE INTENDED SPECIAL PLANNING AREA (S,P.A.), ALONG WITH OTHERS SIGNING BELOW OR SEPARATELY, LOCATED AT ROLLING BAY, BAINBRIDGE ISLAND, WA., HEREWITH FORMALLY REQUEST(S) THE CITY COUNCIL AS OF THIS DATE BELOW, INSTITUTE THE SPECIAL PLANNING AREA PROCESS AT ROLLING BAY IMMEDIATELY, UTILIZING ALL OF THE NEIGHBORHOOD SERVICE CENTER ("NSC") PROTOCALS, PROVISIONS AND PROCEDURES CURRENTLY EXPECTED FOLLOWING ANY SUCH REQUEST. FUTHERMORE, ALL AFFECTED CHANGES IN THE ROLLING BAY NSC AREA BE TABLED AND HELD IN ABEYANCE BY THE CITY UNTIL AND AFTER THE S.P.A STEERING COMMITTEE IS FORMED AND CAN IMPLEMENT DEVELOPMENT OF A FINAL PLAN OF COMPATIBLE USES AT ROLLING BAY. THESE INCLUDE IMPLEMENTING THE COMPREHENSIVE PLAN VISIONS STATEMENT OF DECEMBER 8, 2004 AND SUPPORTING CODE STANDARDS. AMONG THE URGENT CURRENT MATTERS WARRANTING SUCH IMMEDIATE.RELIEF WHICH THE UNDERSIGNED WOULD SPECIFICALLY IDENTIFY FOR COUNCIL & PRIORITIZE IN SUPPORT OF THIS REQUEST ARE: -?5 Traffic, Speeds, Road hazards and Safety --- INoise and Congestion--- c�Drainage, Run-off and Water--- L Septic and Sewer --- Parking and Street & Trail Networking--- Incompatible uses, Piecemeal, or Less- well -regulated mix of uses --- Environmental, Pollution, Murden Cove watershed degradations such as --- OTHER--- OTHER COMM OTS (optional): 2 /ln/.Z% 11 1 DATE MAIL /teal Theresa Rice From: Bob Conoley [bobthelawyer@gwestoffice.net] ent: Monday, January 27, 2014 1:16 PM ro: PCD Subject: ATTN; SEAN CONRAD, aicp---Note below "Sea Street" link in Seattle www2.cityofseaftle.nettutil/tours/seastreettslidel.htm. Ro\t 1 �4 SCV//.11hY,S? $kg [9V[V Sean Here's the link to Sea Streetl mentioned today and once earlier. It may lend itself to an alternative, abbreviated, scaled down application for a 3-6 block treatment on Sunrise Dr. southward down to Hyla Avenue through BGH's project now called Rolling Sunrise, with perhaps similar water problems as Sea Street solved. But I've never seen "Sea Street" other than with this. The Seattle city officials got a grant to fund it . Feel free to send your ferry ticket and limo ride charges to see it to B.I. Public Works R'n D. Heather Beckmann got the same link from me on Feb. 3, 2012 to consider for the Grow Community for South Grow Ave. improvements as a more creative link from Wyatt Way to Winslow Way. This is the one the city of Seattle sent over its engineer to show slides at out city hall. I'd bet COBI paid for his ferry tickets and stretch pick-upl Heather was immensely civilized about it but got overwhelmed I suspect by the PW inhouse asphalt & curbing bully- mavens and pressure too from former planner Marja Preston for the applicants to relent doing it. The reason this might work best here is the access issues resulting for the neglected & unbuilt gigantic Lot. D (Lot 067) that fronts BGH's site on the West down to Hyla and beyond, on down to Manitou Beach Dr. It accesses these four lots by a parallel 20 -ft easement to mine of 20 ft' also that BGH is using. This twin one serves Lots A,B,C to the West of BGH but is unopened and not detectable once it passes Lot C.. It's confusing so I've faxed you some drawings that explain better the above and what might happen along BGH's Western boundary down to Hyla Ave. as a different design as a lazy "S" shape. Thx, ROC 855-8945 Bainbridge Island JAN 2 7 2014 Dept. or Planning 8 Community Development Pow W�r Theresa Rice TMJ SIn 13�i18fs4p From: Laurel Iljjames44@gmaii.com] ;nt: Friday, January 24, 2014 4:53 PM I o: PCD Subject: Comments related to "Rolling Sunrise" subdivision/SEPA Comments related to "Rolling Sunrise" subdivision/SEPA — and the city's planned determination of no significant environmental impact. This subdivision and development will have a significant environmental impact on the surrounding neighborhood. Currently, the south end of Sunrise Drive (south of Valley Road) is a one lane non -maintained asphalt road. In the 22 years I've lived in the neighborhood it has not been resurfaced or maintained. The southern most part of the road (which is in awful shape — gravel at the end) now services 6 homes. This subdivision will nearly double that amount, adding 4 additional homes. I am concerned about the environmental impact additional vehicle traffic will cause. Right now part of the road floods when it rains. It floods adjoining properties. The construction will add heavy machinery and more vehicles and more damage to the road. Run off will impact property along the road. In addition, the development will add dust, air pollution, and noise caused during construction. It's a dead end road, there is little room for turn around. The current lot is 3.4 acres with many trees. What impact will the city's decision on 'no environmental impact' have on the developer keeping the trees? This lot/land supports lots of wildlife. Deer, coyote, hawks, oodpeckers, and raccoons — all very important to the neighborhood environment. How will the developer or city mitigate that loss? The lot has lots of ivy and other invasive weeds — will the developer be required to remove these invasive pests? Runoff—the lot slopes and is steep in places. How will the developer or city mitigate these issues and prevent impacting adjoining properties? The plans call for a public path/easement. How will the developer or city mitigate the negative environmental impact of the noise, trash, trespassing, etc. that this will bring to adjoining properties? Noise/lights — right now, most of the lots in the area are nearly an acre or more in size. These new lots are very small — less than a 1/2 acre. All this new, more densely planned housing will add a significant amount of additional noise and light pollution (cars, TV, lawnmowers, heat pumps, flood lights, car lights, etc.). Thank you for considering my concerns. This project does have a significant environmental impact on the people and neighborhood. Laurel Michael Bainbridge Island JAIN 2 4 2014 Dept. of Planning & Community Development �J«i � JUvv'�7P Theresa Rice ERA sire (8$y0 From: Sean Conrad :nt: Friday, January 24, 2014 1:17 PM fo: PCD Subject: FW: Proposed Development Sunrise and Duncan (DEADLINE FOR COMMENT TODAY) SUB18840 Sean Conrad, AICP Planner City of Bainbridge Island 280 Madison Ave. N. (206) 780-3761 From: Amy Chouinard(mailto:amychouinard(dcomcast.net] Sent: Friday, January 24, 2014 12:48 PM To: Sean Conrad Subject: Proposed Development Sunrise and Duncan (DEADLINE FOR COMMENT TODAY) Dear Mr. Conrad, Bainbridge Island JAN 2 4 2014 Dept. of Planning & Community Development We live near the proposed development on Sunrise and Duncan Lane (Tax Parcel #: 142502-2-051-2003. We were unable to attend the meeting held earlier as we were out of town. Ie are extremely concerned about the impact of increased traffic on Duncan Lane. This is a private lane that is not aintained by the city. A lot of people living on Sunrise Dr. use it as a through -way, creating a more issues for the road which is in awful condition. We all know that there will be large and small construction trucks (daily for an extended period of time because apparently they are doing it in stages), and then a lot more residential traffic when the development is complete. This will have a huge impact on this little dirt lane, yet it appears that neither the developer nor future residents have any obligation to maintain this road. Even if the developer says they won't use our road, that is just not true, everyone does. Not only does it depend on where you are going which road you might use, but we know from personal experience that MANY people come up Manitou to Falk and then down our street, Duncan to get to their house as the drive along Manitou is very scenic. We even drive this way if the other way is closer for that reason and we know lots of others do the same. This new development will probably create two cars PER household and then guests of course and on a daily basis. The road needs to be fixed but how can we spend a lot of money to work on our road only to have it destroyed by construction traffic and then the increased daily use of a development??? We are all financially "challenged" as it were and this affects us in many ways. Problems with the road have destroyed several oil tanks and the underside of our cars It is my understanding that a developer of a property has an obligation to contribute to the increased use of a road from their development, if not a legal one than a moral one. If you intend to approve the development (beginning with the subdivision of this 3.4 acre property), please make it contingent upon a financial allowance to maintain Duncan Lane, as well as a written commitment to utilize public streets (Sunrise) rather than a privately owned lane (Duncan Lane). Thank you, and please contact us if you have questions or concerns. Amy Chouinard m Hinnebusch 10459 Duncan Lane NE Bainbridge Island, WA 98110 Bainbridge Island Mr. Sean Conrad, Planner JAN 2 4 2014 City of Bainbridge Island Dept. of Planning and Community Developme�tt Dept. of Planning& Community Development X201G"�, �tAtuvr s January 24,2014 I am responding to the proposed Rolling Sunrise Development. I am a current resident who lives on Hyla and my family has lived along this road for over 40 years. Hyla is an unimproved gravel roadway primarily used for local access. Walkers, bikers, cars and horses use this road for access to and from the Rolling Bay community to Manitou Beach. This primitive roadway has not had any improvements with the exception of an occasional grading since the city took control from Kitsap county in 1991. In early October of 2013, the community was invited to make comments regarding the project formerly known as "Tequila Sunrise". Approximately 30 people attended this meeting in which the city was represented by at least two employees. At the start of the meeting, the city passed around a sign in sheet for those who wanted copies of the meeting minutes, we were told that our concerns and the cities response to these concerns would be included in these minutes. I recognize the wheels of bureaucracy move slowly, but not getting any response from the city for 4 months is borderline incompetent. I contend that the citizen review period be extended until the city produces and distributes these meeting minutes. Hyla is accessed from Beachcrest and Valley. Beachcrest which is a decrepit one lane road has had minimal if any maintenance done since the city took over control of the roadways. New homes being built currently and over past years on Hyla and Beachcrest has added pressure to a roadway that is below the standards of not only Bainbridge Island, but many 3rd world countries. Since 1991, the city has allowed 13 new homes to be built where Hyla is the primary access to these homes. Not a single system improvement has been done to Hyla during this time frame. At the southern end of Hyla from the proposed development access to Beachcrest, the city has permitted 6 homes since 1991. The Rolling Sunset development is proposing access to Hyla from 3 new homes. This equates to a 50% increased demand on the existing unimproved roadway. This is substantial. Although every home owner on Hyla is assessed a storm water maintenance fee, no system to retain or divert the storm water now exists. No storm system, no detention, no crowning of the road, not even a ditch. The storm water simply runs down the rutted road and finds its way to the lowest point. Many years ago, I had the public works dept. out several times to look at the problem with a former neighbor. The nearest to an answer I got from them was "just hand dig a trench across the road and share the water or pay for an LID". I gave up on the city once I heard this. My concerns and questions are regarding the current infrastructure and what the city plans to do to mitigate further degradation if this development is approved. Below is a list of questions that I would hope could be answered prior to the approval of this development. 1) What are the provisions by the city and or the developer for public safety, drainage ways, and roads? 2) Has the city ensured that there are adequate facilities to serve this development? If so please provide findings of fact. 3) If system improvements are required, provide what improvements are planned. 4) Identify deficiencies in the public facilities that will serve this development. How will these deficiencies be eliminated? 5) Will the level of service be increased to better maintain Hyla Ave.? 6) 1 am concerned that once this development is approved, a possible future fee to all homeowners along Hyla will be imposed for improvements. Does the city of Bainbridge expect to assess an LID fee for any future improvements? Thank you for your time, I will await your timely response. Regards Cliff Canfield 10267 Hyla Ave. N.E. VC h Nor .je_ ENTERED �g ( &'8 q l-) Theresa Rice from: Lisa Ashley [lashley@sounddsl.com] ant: Thursday, January 23, 2014 8:20 PM To: PCD; Sean Conrad Subject: Public comment SUB18840 Dear Mr. Conrad, We are property owners at 10435 Duncan Lane NE, Bainbridge Island. We are writing to express our concerns about the proposed development on Sunrise Drive and Duncan Lane. (Tax Parcel #: 142502-2-051-2003) Please include this email in the public comment record. The proposed development with access to Sunrise includes several homes that will generate traffic. The owners of these homes will access their homes via Sunrise Drive and/or Duncan Lane NE. Sunrise Drive is a city -owned road, while Duncan Lane is a private easement dirt road. We already incur costs for maintenance of Duncan Lane and expect that residents of the new homes will use this lane as a cut through to Falk Rd just as often as they will use Sunrise out to Valley Rd., as the Duncan/Falk route will be a shorter drive out to Highway 305 than the Sunrise/Valley/Madison route will be. We understand that the construction trucks will have some impact but we are most concerned about the increased and ongoing traffic of the private vehicles and the impact they will have on Duncan Lane. If the City is going to approve this new development, we ask that there be a contingent included in the pproval that requires that a financial allowance be made towards the upkeep of Duncan Lane by the developer. Further we ask that there be a written commitment by the developers, construction crews and residents to use publicly owned roads (Sunrise) rather than the privately owned Duncan Lane. Please contact me, or my husband, Mark Ashley, if you have questions about our comments and requests. Thank you, Lisa Ashley Mark Ashley 10435 Duncan Lane NE Bainbridge Island JAN 2 2014 Dept. of Planning & Community Development 1!24/201,4 From: Julie Ayres <bleu1moon@aoi.com> To: Subject: Rolling Sunrise Home Subdivision Date: Fri, Jan 24, 2014 9:02 am i 10248 Hyla Avenue NE Bainbridge Island, WA 98110 January 24, 2014 ATT: Sean Conrad Heather Beckman Rolling Sunrise Home Subdivision RE: ROLLING SUNRISE (7) HOME SUBDIVISION mmw would like to address the problems listed on the attached petition. F . Traffic, Speeds, Road Hazards and Safety. SW3 l �sb`K7 Bainbridge Island AN 2 3 2014 Dept. of Planning & Community Development Hyla Avenue is a mud/dust one lane road with pot holes, fringed by giant trees overhanging the roadway and some actually in the middle of the roadway. It is favored by a multitude of hikers, dog walkers, runners and beachgoers because of, its solitude brrd safety. There is actually no stop sign at the southern end of the road entering onto Beachcrest or speed signs. Noise and congestion The road is narrow with blind tums� and sight distance challenged in many places. For this reason the garbage trucks will not come down this road. City road maintenance vehicles yearly will try to pass through filling pot holes and the propane trucks manage to navigate it slowly. One always knows when a car passes or some larger vehicle tries to traverse the road. It was not built to withstand any traffic and also not plotted correctly with the road meandering onto private property around obstacles and puddles. If a car is coming one way, the car opposite must find a tum out or back up to let it pass. Drainage, run-off and water Please see the attached engineer notes and contour survey and you will understand that there is a real danger that scalping the trees and underbrush from that steep hillside watershed will cause major flooding to the houses and property below. Septic and Sewer/Environmental Pollution, Murden Cove Watershed Degradation The run-off from the roofs, paved driveways and roads will eventually flow, as everything does, toward our fragile Murden Cove Preserve which is already in jeopardy from the housing in the area. If Hyla Avenue must be reconstructed because of this development and paved it will also present more run-off, not to mention the change to its current use and impact on the community. The property in question provides sanctuary to our urban wildlife already being shut out of so much of their habitat. Our community enjoys the deer, raccoon antics, sounds of the twis at night, pileated woodpeckers working away, doves and so many other bird species that nest in the area. Incompatible Use/Mixed Residential Zoning http://mail.aol.corN38306-111/aol-6/emus/mail/PrintMessage.aspx 1/2 v24/2o24 Rolling Sunrise Home SubdWsion The Hyla neighborhood is a quiet semi -rural area of large lots with individual and unique houses built to suit the terrain. It retains the woodsy character that living in Bainbridge Island is famous for. Zoning was put in place for a reason — to maintain and preserve our way of life. It makes no sense to allow densely populated sub -divisions to perch in the middle of our half acre lots and alter the way of life our residents enjoy. A development of this size would ,be grossly out of place. There is no reason this development as planned should be allowed because a construction corporation has the time and money to pursue re -zoning for the main purpose of making money. Densely populated neighborhoods should be placed in population centers. Respectfully submitted, W____ Julie Ayres -Hiatt http:I/rmiI.aol.coM38306-111/aol-6/en-us/mail/PrintMessage.wpx 2/2 To: LEGAL NOTICES Publication Date: January : NOTICE OF MV -116 1AT(t DI if i x147 [01 t] The City of Bainbridge Island has received the following land use application: Date: JAxuAKY 10, 2014 Applicant(Owner: BGH, LLC Permit Request: Long Subdivision Plat (SUB18840) Description of Proposal: Request to subdivide a 3.4 acre property This proposal is subject to State Environmental Policy Act (SEPA) review as provided in WAC 197-11-800. The City, acting as lead agency, expects to issue a Determination of Non -significance (DNS) threshold determination for this proposal. Utilizing the optional DNS process provided in WAC 197-11-355, the comment period specified in this notice may be the only opportunity to comment on the environmental impact of this proposal. The proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared. A copy of the subsequent threshold determination for the proposal may be obtained upon request. The City will not take a final action on the proposal nor make a threshold determination for 14 days from the date of this notice. Any person may comment on the proposal and/or the SEPA review. Additionally, any person may participate in a public hearing, if any, and may request a copy of any decision. For consideration under SEPA environmental review, comm must be submitted by Friday, January 24, 2014. If you have any questions, contact: Sean Conrad, Planner City of Bainbridge Island Department of Planning & Community Development 280 Madison Ave. N. Bainbridge Island, WA 98110 Phone: (206) 780-3761 Fax: (206) 780-0955 Email: pcd@ci.bainbridge-isl.wa.us Vicinity Map: into seven residential lots. The property is zoned R-2 (Residential) and the lots will range in size from 20,000 square feet to 22,000 square feet. Each lot will be developed with a single-family residence. Four lots will have access off of Sunrise - 'Drive—three lots will hove access off—ofHyla Avenue. Location of Proposal: The southern end of Sunrise Drive, approximately 200 feet south of the intersection of Sunrise Drive and NE Duncan Lane Tax Parcel Number: 142502-2-051-2003 Date of Application: December 3, 2013 Complete Application: January 6, 2014 This proposal is subject to State Environmental Policy Act (SEPA) review as provided in WAC 197-11-800. The City, acting as lead agency, expects to issue a Determination of Non -significance (DNS) threshold determination for this proposal. Utilizing the optional DNS process provided in WAC 197-11-355, the comment period specified in this notice may be the only opportunity to comment on the environmental impact of this proposal. The proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared. A copy of the subsequent threshold determination for the proposal may be obtained upon request. The City will not take a final action on the proposal nor make a threshold determination for 14 days from the date of this notice. Any person may comment on the proposal and/or the SEPA review. Additionally, any person may participate in a public hearing, if any, and may request a copy of any decision. For consideration under SEPA environmental review, comm must be submitted by Friday, January 24, 2014. If you have any questions, contact: Sean Conrad, Planner City of Bainbridge Island Department of Planning & Community Development 280 Madison Ave. N. Bainbridge Island, WA 98110 Phone: (206) 780-3761 Fax: (206) 780-0955 Email: pcd@ci.bainbridge-isl.wa.us Vicinity Map: THE UNDERSIGNED, BEING A REFI, PROPERTY OWNER WITHIN THE INTENDED SPECIAL PLANNING AREA (S.F.A.), ALONG WITH OTHERS SIGNING BELOW OR SEPARATELY, LOCATED AT OR :NEAR ROLLING BAY, BAINBRIDGE ISLAND, WA., HEREWITH F'ORNLkLLY i EQUEST(S) THE CITY COUNCIL AS OF THIS DATE BELOW, NSTITUTE THE SPECIAL PLANTNTING AREA PROCESS AT ROLLING BAY L'�tNIEDIATELY, UTILIZING ALL OF Tim NEIGHBORHOOD SERVICE CENTER C -NSM, PROTOCALS, PROVISIONS A�1D PROCEDURES CURRENTLY EXPECTED FOLI..OWI G ANY SUCH REQUEST. FUTHERMORE, ALL AFFECTED CF kN GES N THE ROLLING BAY NSC AREA BE TABLED AND HELD IN ABEYANCE BY THE CITY UNTIL AND AFTER THE S.P. STEERING COM`+ff= IS FORMED AND CAN LEMEN'I DEVELOPMENT OFA FINAL PLAN OF COMPATIBLE USES AT R0LLiN G BAY. THESE INCLUDE IMPLEMENTING THE COMPREHENSItrE PLAN VISIONS STATEMENT OF DECEMBER 8, 2004 AND SUPPORTING CODE STANDARDS. AMONG THE URGENT CURRENT MATTERS WARRANTING SUCH IMMEDIATE RELIEF WHICH THE UNDERSIGNED WOULD SPECIFICALLY IDENTIFY FOR COUNCIL & PRIORITIZE IN SUPPORT OF THIS REQUEST ARE: -y- Traffic, Speeds, Road hazards and Safety­-- Noise and Congestion-- �( Drainage, Run -off and Water--- Septic and Sewer--- eN l i ft t4, 0 re X Parking and Street & Trail Networking--- % Incompatible uses, Piecemeal, or Less- well-regulated mix of uses - - Environmental, Pollution, Murden Cove watershed degradations such as--- OTHER --- NEW s--- OTHER---NEW SEVEN (7) HOME SUBDIVISION, as renamed, "ROLLING SUNRISE" starting soon 200 ft. from south end of Sunrise Dr. & west end of Duncan Ln. intersection; -similar pre -fab homes soon @ Holly Farm Ln.; Project Pre -app #18844; Q's: Road maintenance and widths? Both streets make 2 vs. 1 way? New turnouts?. Pedestrian safety and paths? Trash & mail? Site egress to Hyla road? Ancient tree fate in site middle? Current public path to Murden Cove & post office from Hyla kept open; trees saved vs. all cat now? Drainage and septic impacts underground and surface waters. City Planner Heather Beckmann 780-3754/ pcdbainbridgewa gov ANY COMMENTS? /O �leul vovrc�� �' !`7.3/1'4 31 �_ N` Kq TO t5UBJ ECT LNND IoM R\) �-R t w1 t A �z rA aM1 h t?�lip" �_ N` Kq TO t5UBJ ECT LNND IoM R\) �-R . � .. Y, y )�; x.1%'1 i :_ _ �r to p -. ;�Y Ny :o. - �I�j\ �(. f ,RC1. u, i A �� � ;, e., .. � . `1 1 �. , � � �,� �, �� .4 ,i. ,. l ;1 ,:j �, 1. . ,;oO 0 Theresa Rice From: Lori and Stuart (Ioriandstuart@yahoo.com] Sent: Thursday, January 23, 2014 1:50 PM To: Sean Conrad; PCD Subject: Public Comment - SUB18840 Dear Mr. Conrad, As property owners near the proposed development on Sunrise and Duncan Lane (Tax Parcel #: 142502-2-051-2003), we wish to be included in public comment. We are quite concerned about the impact of increased traffic on Duncan Lane. This is a private lane that is not maintained by the city. However, many residents of Sunrise Dr. use it as a through -way, creating a maintenance challenge. Large construction trucks, then additional residential traffic when the development is complete will have a huge impact on this little dirt lane, yet it appears that neither the developer nor future residents have any obligation to maintain this road. If you intend to approve the development (beginning with the subdivision of this 3.4 acre property), please make it contingent upon a financial allowance to maintain Duncan Lane, as well as a written commitment to utilize public streets (Sunrise) rather than a privately owned lane (Duncan Lane). Thank you, and please contact us if you have questions or concerns Lori Midthun Stuart Mitchell 10545 Duncan Lane. Bainbridge Island JAN 2 3 2014 Dept. of Planning & Community Development �OI �tti( �t�Y�ris� ENTERED 4b Barbara & Patrick Ebert 10264 Hyla Avenue NE Bainbridge Island, WA 98110 Bainbridge Island City of Bainbridge Island Department of Planning & Community Development 280 Madison Ave. N. JAN 7 2 2014 Bainbridge Island, WA 98110 Dept. of Planning & RE: BGH, LLC, Long Subdivision Plat (SUB18840) community Development Attention: Sean Conrad, Planner I am writing to provide our comments regarding the request to subdivide and develop the adjacent property north of our.property. At the community meeting on October 8`h, which I attended, the Hyla homeowners (including myself) expressed concern over the number of homes, increased traffic on a one -lane dirt road, removal of trees, and most importantly the water runoff. The clay soil does not absorb and with the septic fields located on the slope above our existing drain field and home, we are extremely concerned about this proposal for numerous reasons. These issues need to be addressed and resolved prior to this project's approval. Or at the least, this letter will serve as notice to the City of Bainbridge, the Planning Department, and BGH, LLC that these issues were raised in community meetings and during the application stage. These issues require adequate due diligence and mitigation or elimination of the risks. I expect to hear the results of this due diligence and what is being done to address our concerns and those of our neighborhood. We will not have our home damaged or put at risk. Traffic: The additional three homes on the south edge of the BGH property will increase traffic at least 50% on this stretch of Hyla and Beachcrest. Beachcrest is already challenging to navigate around the blind curves with the existing traffic. Hyla's dirt road is routinely full of deep potholes. If we are lucky, the road gets graded in the fall, but the potholes are back in a few weeks. Each of those three homes will have at least one or two cars that will be making the drive to stores, schools, work, etc. • How is the City of Bainbridge prepared to maintain the road with the additional traffic, when it isn't happening now? Water Run-off/tree selection: We currently rely on the trees on the BGH property's slope to eliminate excess ground water run-off since each mature alder or cedar tree can easily use 50-100 gallons per day. There are several mature fir and cedar on the property that have been there for decades, the alder's life is short-lived in comparison. Also, when trees start being taken out, it can put the rest at risk of being blown down in a wind storm. Adequate care must be taken in the tree selection. This past weekend, January 11`h, the rain caused a stream of water to come down Hyla, partially into our yard, and into the collection areas at the low part of the road next to the south side of our property. From the holding areas, it has nowhere to go. There is no drainage system so the loss of trees from this proposed development will have a significant impact on ground water run-off. !a4 . RN2?_. AMI -.39 Currently, our crawl space is dry and we do not have any mold; water run-off has not been a problem in our home or garage up to this point. We have managed to keep water from encroaching into our garage by building up dirt berms at the entrance of our driveway and along the yard/road to divert water to the collection areas on both the north and south sides of the road. This will not be a viable solution with more water volume. • What is the City of Bainbridge and BGH, LLC planning to do to address the increased run-off from cleared trees and installed non -porous surfaces? • Where is this water expected to go? The rain gardens are not sufficient. You have not experienced it. The water on Hyla comes down from the high point on the way down from Valley— this is the natural path and it will not able to hold more as a result of clearing on the BGH property. Refer to the pictures from Saturday, which don't adequately capture the amount of water that comes down the road and takes the path of least resistance. In addition, this was nowhere near the worst of the rainstorms that can last for days. This was only a passing shower that lasted for a few hours on Saturday, January 111h. Septic Fields on the Clay Soils/Slope: We were told at the meeting in October that the percolation tests were performed over the summer. Our summer was extraordinarily dry. We believe these tests should be re -performed now when the ground is wet and is a fairly typical winter. From what I have read, septic field trenches constructed on the side or base of a slope should have diversion ditches or a subsurface drain should be installed and be backfilled with gravel. The ditch or subsurface drains should be located above the system to keep the upslope run-off and seepage water away from the system. We are concerned about the water run-off impacting our septic field which is adjacent to the property line where BGH, LLC is proposing to build three homes. We are also concerned about containing the development's septic field waste for the proposed homes on the slope. Note that we currently have no issues with our drain field and septic system. • What is being done to mitigate the water run-off and potential waste from our existing septic field? We request a copy of the subsequent threshold determination for this proposal sent to us along with any future filings and notices regarding this proposed subdivision. The above are the issues that come to mind at this point. We still maintain that this property with its slope and soil structure cannot sustain seven homes due to the reasons noted above. Respe fully, Barbara Ebert L � t�� r I - Y �. 4 i! S Ca+Yh' ea. .%'u eu t r. ri.�L .... e;,;:': Water coming down Hyla Water from road runoff pooling by house AL, Holding pond SW of our house across road I January 22, 2013 Re: Welch - Rolling Sunrise Sub 18840 To Heather Beckman, Sean Conrad, and Kathy Cook, Bainbridge Island JAN 222014 Dept. of Planning & Community DevelopmW I'm writing in regards to the proposed "Rolling Sunrise" development, previously named "Tequila Sunrise" at the south end of Sunrise Dr. NE and Duncan Lane. Seven homes sounds unreasonable on this property for a host of reasons such as: septic, water, Murden Cove estuary protection, access, road use, and drainage. We like our one lane neighborhood. One lane is part of its island charm and slow, Bainbridge quality. The south end of Sunrise Dr. NE is a narrow, one -lane, charming yet fragile, local - access road. There is a wetland right next to the road near 10875 Sunrise Dr, that currently collects massive run-off from Rolling Bay businesses; Rolling Bay Presbyterian parking lot, Bay Hay and Sunrise Dr. itself. Water runs freely down this one lane road, causing all kinds of erosion, then collects next to the street in the aforementioned pond. Problem. • Access roads are a big problem for this many homes. • Destruction from heavy dump trucks from long drawn-out construction for seven homes will cause impact. • Developers need to pay for repairs and resurfacing for what they destroy. • Developers should have to mitigate for the destruction --with public paths, road resurfacing, sidewalks where needed (in Rolling Bay), landscaping repair, and rain gardens to collect run off. Thanks for your careful consideration on the impact this development will cause. Ki egards, Kristin and Scott Easterbrook 206-617-5457 206-842-8799 �4-AAd23Pm9:1 6 f� a Sean Conrad, Planner City of Bainbridge Island Dept. of Planning & Community Development 280 Madison Ave. N. Bainbridge Island, WA 98110 ENTERED� � ► �'"s sw� Y f 5� Sug 188`10 10432 Duncan Lane N.E. Bainbridge Island, WA 98110 January 21, 2014 Bainbridge Island JAN 2 2 2014 Dept. of Planning & Community Development RE: Comment on BGH, LLC's Application for Long Subdivision Plan (SUB 18840) Dear Mr. Conrad: We are responding to the invitation for comments regarding the above -referenced application for a long subdivision plan permit. We oppose a threshold determination of non- significance because of environmental impacts for the proposed development that we think must be addressed and mitigated before any proposal goes forward. We own the houses at 10430 and 10432 Duncan Lane, just off Sunrise Drive, and have jserious concerns about the dangers posed by increased vehicular traffic that would come from the four houses that would have access off Sunrise Drive. Sunrise Drive narrows to an unpaved one -lane road as it approaches the subject properties. Past the Rolling Bay Presbyterian Church, the road goes down sharply into a depressed area, and then it rises even more sharply to the point where Duncan Lane meets Sunrise ("the crest"). Heading either north or south on Sunrise, a driver CANNOT SEE OTHER VEHICLES COMING TOWARDS HIM as he approaches the crest of the hill. When a car is coming the other way at the same time, there is a huge potential for head on -collisions. Furthermore, two cars cannot pass each other on Sunrise; you have to drive into neighbors' yards to let the other car pass. Sunrise would have to be widened into two lanes to avoid these problems. Another major concern is the certainty of increased traffic on Duncan Lane, which is a private road going between Falk Road and Sunrise. It is another narrow one-way, unpaved road with no shoulders, in poor condition. It is often used as a walking path. Even though Duncan is a private road, it would be unrealistic to think that the owners of the proposed homes on Sunrise would not try to use it as a short cut to get to Falk. Increased traffic would 1) increase the likelihood of collisions between cars and with pedestrians; 2) worsen the condition of Duncan Road; and (3) detrimentally affect the peace and quiet of life along Duncan Lane, and its availability as a tranquil walking route. It is unreasonable for the City to expect our neighborhood, which is so poorly served by roads (much less safe roads), to absorb additional vehicular traffic. The City should require a thorough study of the environmental impacts that will be inevitable, and ways to mitigate them. Other environmental issues are posed by the development as well, including increased runoff in the winter and spring. Our property, which is downhill of Sunrise, becomes boggy already with that runoff. Others know more about that issue than we do, however, and we will let them speak to those concerns. Sincerely, Katherine Kennedy (/ Megan Kennedy Alfred Kitching Owners of 10430 and 10432 Duncan Lane N.E. Theresa Rice From: Karl Erickson [karlamy@q.com] Sent: Friday, January 17, 2014 7:37 AM To: PCD Subject: Hyla Property Development I$ O Hello, I'm writing to you in regards to the above housing development. Several of us from the neighborhood attended a meeting at the Rolling Bay Church ( October?), & was promised a Letter from the City ( which I and others did not receive) telling us what the City was going to do with this Project in terms of Water Runoff & Hyla & Beachcrest Roads.With no proper drainage off Hyla, water becomes an Issue & with nowhere to go, but into adjoining properties Both of these roads are in horrible shape, Hyla never having been paved, & Beachcrest was poorly paved back in the 60'S ( perhaps earlier ) So if you can tell me what you are going to do about the Water Run off & the Roads will be great. I do not have a problem with the Development, but we all here have a problem with what the City will do with the Water Run off & the Roads, please advise, thank you. Karl & Amy Erickson karlamyCa)D.com Beachcrest Drive Bainbridge Island JAN 1 7 2014 Dept. of Planning 6 Community Development y. S Theresa Rice 5 m: Sean Conrad .A: Friday, December 06, 2013 10:52 AM To: PCD Subject: FW: Rolling Sunrise Subdivision: SEPA checklist, Water Availability and Walking Path Attachments: Soil Logs -Rolling Sunrise.pdf; Environmental—Checklist—Dec-2011.pdf; Water Availability - Preliminary - KPLID.pdf Sean Conrad, AICP Planner Bainbridge Island City of Bainbridge Island 280 Madison Ave. N. (206) 780-3761 DEC - 5 2013 From: Michel Girard [mailto:michel(abohdevelooment.com] Sent: Friday, December 06, 2013 10:14 AM To: Sean Conrad Cc: chas(ftghdevelooment.com; 'matt hutchins' Subject: SEPA checklist, Water Availability and Walking Path Sean — Attached are three PDF's for you: 1) Soil Logs 2) Updated SEPA 3) Preliminary water availability letter from KPUD Dept. of Planning & Community Development Regarding the other question on the trail — our current thoughts are as follows: 1) Leave the trail as native as possible—simple dirt path 2) Fence — potentially a low fence as it boarders adjectant homes, and then no fence in designated open space 3) Maintenance —work with a local trails organization to determine best management practices. Let me know if you have any other questions! Have an awesome weekend and stay warm O Michel From: sconracI bainbridgewa.gov [mailto:sconrad(obainbridgewa.govI Sent: Thursday, December 05, 2013 10:50 AM To: michel(obghdevelooment.com Subject: SEPA checklist Good morning Michel - The ever astute Nan informed me that the SEPA checklist you provided has two issues: P'•st, the checklist is the wrong one. There are two SEPA checklists on the city's website, one for projects with lications and one for projects without an application. I have attached the checklist for projects with applications. It's a word version so you should be able to cut and paste your answers from the one you submitted the other day. If I sent you the wrong version to include in your application I apologize. Second, the SEPA checklist only included every other page. Simple mistake to fix. Please sign the checklist and submit it with the soil logs I requested yesterday. If you could have the soil logs and SEPA checklist to us first thing tomorrow ming it would be greatly appreciated. Contact me if you have any questions. Thanks Sean Conrad, AICP Planner City of Bainbridge Island 280 Madison Ave. N. (206)780-3761 DAVES SEPTIC SERVICES INC. f P.O. BOX 826 SEABEM WA 98380 PHONE (360) 830.9699 FAX (360) 830-9582 LICENSED ON-SITE SEWAGE DISPOSAL CONSULTANT PERCOLATIONTEST LICENSED OPERATION & MAINTENANCE SPECIALISTS 7-3-2013 To: Michel Girard 2442 NW Market Street #378 Seattle, WA 98107 Subj: Preliminary soil logs for short plat Location: Lots off Sunrise Drive Bainbridge Island Tax 4 142502-2-051-2003 I have reviewed the above proposed short plat and have dug preliminary soil logs for each proposed lot. The approximate soil log locations are shown on the attached site plan. Also attached to this report is photo copy of page 93 of the Kitsap Public Health regulations 2008-A-01 which details the minimum lot requirements for lot purposing on-site sewage disposal systems. Table 9 will detail the minimum lot size based on two conditions, water supply type and soil type, Soil type descriptions can be found on page 31 Table #2 of the ordinance and is attached. Below will describe the soil conditions that were found and my minimum lot size recommendations. All of these lots will be served by a public water supply. Soil Lo # Soil Depth Soil Description Soil Tyne General Slone #1 ', 0-3" Duff material 4 0-5%+/- 3-36" Light brown to gray fine sandy loam, compaction at 36" #2 0-3" Duff material ' 4 5-10%+/- 3-39" Light brown to gray fine loamy sand, compaction at 39" #3 0-24" Old fill soils 4 24-44" Light brown fine sandy loam compaction at 44" #4 0-2" Duff material 4 0-5%+/- 2-27" Light brown to gray fine sandy loam, roots to 20" compaction after 20" #5 0-3" Duff material 4 10-12%+/- 3-29" Light brown to gray fine sandy loam, compaction at 29" #6 0-4 Duff material 4 5-10%+/- 4-39" light brown to gray fine sandy loam #7 04" Duff material 4 10-20%+/- 4-48" light brown to gray fine loamy sand No compaction to 48"+ All soil logs are described as a soil type #4 under current codes. The minimum square footage required for this proposal would be 18,000 sq./ft. for each proposed lot. A review of the neighboring lots shows no private wells. A wide range of sewage disposal systems can be designed for these lots from pre-treatment to pressure to gravity flow system possible on lot V. If there are any further questions regarding this report please contact me anytime. Thank you David A. Ghylin G )Y250z-Z- �� stiff L L0 L-ocn�lor�� C:A�fRoxCIS Shy YInG� N S e�vSc eS w �ioe-83o�9G99 \ � 1 \ \ \ \ 1 Z TU U) / r 880 2 ' 0° �/ r 00 24,007 sq ft 0 C]\ J i fr \Itm'cb'-44 S880 4'20"B� \ \ \ • 2.003 ` \ICI / I \ ` 20,3i2—sq 1t i 20,972 sq ft\ 20,972 s4 ft 44 ,�oct! 2450.sq ft� 10,V1 sq f� . -20,971 sq ft` W S -M -24- 09 — \ exist! g ease e0t ` TZ a. u '•, PLATPLAN EXPRES,awi Kitsap County Board of Health Ordinance 200BA-01, Amended June 7, 2011 Onsite Sewage System and General Sewage Sanitation Regulations SECTION 15: MINIMUM LAND AREA REOUIREMENTS FOR DEVELOPMENTS USING ONSITE SEWAGE SYSTEMS A. A person proposing a subdivision for property where the use of an onsite sewage system is planned or required shall obtain a recommendation for approval from the Health Officer as required by RCW 58.17.150. B. A person proposing a development for property where the use of an onsite sewage system is planned, or required, shall meet the minimum land area requirement for the development for each single-family residence, or each unit volume of sewage, using one of the following methods: 1. Method 1: Based on soil type and type of water supply, the minimum land area 2equired in Table 9 shall be met for each lot containing a single family residence or a unit volume of sewage. Table 9 Minimum Land Area Required Based on Water Supply and Soil Type For Each Single -Family Residence or Unit Volume of Sewage Type of Water Minimum Land Area (Acre) Required Per Soil Type (According to Table 2) 1 2 3 1 4 1 5 1 6 supply Public 0.5 acre 25 acres 12,500 sq. ft 15,000 sq. ft. 18,000 sq. ft. 20,000 sq. ft. 122,000 sq. fL Private/Individual 1.0 acre 1.0 acre 2.0 acres On Each Lot 2.5 acres See WAC 246-272A-0234(6) 2. Method 2: A minimum land area proposal using Method 2 is acceptable only when the applicant: a) Justifies the proposal through a written analysis of the: (1) Soil type and depth; (2) Area drainage, and/or lot drainage; (3) Public health impact on ground and surface water quality; (4) Setbacks from property lines, water supplies, wells, surface waters, etc.; (5) Source of potable water; 93- Kitsap County Board of Health Ordinance 2008A-01, Amended June 7, 2011 Onsite Sewage System and General Sewage Sanitation Regulations Table 2 Soil Type Desienations and 17eserintinns Soil Type Designation Soil Type Description Gravelly and very gravelly coarse sands, all extremely gravelly soils 1 excluding Soil Types 5 and 6, all soil types with greater than or equal to 90 % rock fragwrits 2 Coarse Sands 3 Medium sands, loamy coarse sands, loamy medium sands Fine sands, loamv fine sands, sandy loams, loams 4 Very fine sands, loamy very fine sands, OR silt loams, sandy clay loans, clay 5 loams, clay loams and silty dam loams with a moderate or strong structure (excluding 4aty struchue 6 Other silt loams, sandy clay loans, day loams, silty clay loams Sandy day, clay, silty clay, strongly cemented or firm soils, soil with a 7 moderate or strong platy structure, any soil with a massive structure, any soil with appreciable amounts of expanding clays - Unsuitable for effluent dispersal and soil dispersal components 2. The owner or designer shall fill the soil log excavations with the removed soils upon completion of inspection by the Health Officer. 3. In order to determine or ensure compliance with these regulations, the Health Officer may: a) Require a wet season evaluation (See "Wet Season Evaluation Procedure" in Appendix B) and/or additional site inspections of the proposed soil dispersal component area. b) Require additional soil log excavations, evaluations and/or site inspections as needed to determine compliance with these regulations c) Require a stake -out and field marking of the location, size, and configuration of the proposed dispersal component on the proposed site. d) Reduce the required number of soil log excavations for a proposed site development if adequate information already exists, or has previously been developed and is on file with the Health District. e) Require inclusion of a water interceptor as part of the design in order to maintain the minimum vertical separation for the designer -specified treatment level proposed. E. Determination of Minimum Sewage Treatment and Effluent Distribution Requirements. 1. The designer shall use Table 3, Minimum Treatment Performance Levels and Method of Distribution, to identify the treatment performance level, and method of effluent distribution for the soil dispersal component, -31- F1 _Ni Ej 0 Lj Li 0 0 7. 0 I 0 Theresa Rice �M Eta VSg From: john grinter [ohn_grinter@hotmail.com] Sent: Thursday, December 05, 2013 6:19 PM PCD alyse nelson; don willott; Lief Horwitz; Roz Lassoff; john grinter Subject: RE: NMTAC review: Rolling Sunrise SUB18840 Dear PCD, Regarding this Subdivision, can you please clarify a couple of questions about the trail easement for me? On the site plan I see "New 10' Trail Easement" with an arrow pointing toward lot 5's western boundary. Can you tell me if this easement is public? Does it follow the route that I have shaded in yellow below? Does the trail connect all the way both to Hyla and Sunrise? Notes are on map. Thank you, John Grinter 8424595 5ject: NMTAC review: Rolling Sunrise SUB18840 �dte: Thu, 5 Dec 2013 14:20:40 -0800 Bainbridge Island DEC - 5 2013 Dept. of Planning 6 Community Development From: NGladsteinCo)bainbridgewa gov To: aivsesnelson@gmail.com; dwillott mac.com; john grinter hotmail.com; rice laurie gmall.COm; lief1968@yahoo.com; matto20s(@mtholvoke.edu Heim, everyone... I have attached the application, site plan and survey for the Rolling Sunrise project. Please note that on July 11th of this year, I sent the project to you at the preapplication conference stage. It was then called Welch/Doss PRE18840. We never received any comments back from you, so, to be safe, rather than sorry, I am now sending it to you at the preliminary subdivision stage. Please send any comments you have to our main mailbox: ocdC@bainbridgewa.gov. As always, thank you for all that you do... ...Nan