RES NO. 2019-16 PLEASANT BEACH VILLAGE II FINAL SUBDIVISIONRESOLUTION NO. 2019-16
A RESOLUTION of the City of Bainbridge Island, Washington,
approving the Pleasant Beach Village II Final Subdivision.
WHEREAS, the final subdivision application for Pleasant Beach Village II creates 22
lots for development of 22 residential units on 4.83 acres 'of land located on Baker Hill Road; and
WHEREAS, on June 27, 2017, the Hearing Examiner entered a decision of approval for
the preliminary subdivision application, with conditions; and
WHERAS, on April 13, 2018, the Kitsap Public Health District reviewed the final
subdivision and forwarded a recommendation for approval to the Department of Planning and
Community Development; and
WHERAS, on February 22, 2019, the City Engineer reviewed the final subdivision and
forwarded a recommendation for approval to the Department of Planning and Community
Development; and
WHEREAS, on March 8, 2019, the Department of Planning and Community
Development issued its Compliance Notation Report and thereby evaluated compliance with the
conditions imposed on the preliminary subdivision and other applicable ordinances and
forwarded its recommendation for final subdivision approval to the City Council; and
WHEREAS, on March 26, 2019, the City Council conducted a closed record proceeding
regarding the Pleasant Beach Village final subdivision.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES RESOLVE AS FOLLOWS:
Section 1. All conditions imposed by the approved preliminary subdivision have been
met, as set forth in the Compliance Notation Report from the Department of Planning and
Community Development.
Section 2. The bonds and assurance devices submitted by the applicant adequately
assure completion of all required plat improvements.
Section 3. The Pleasant Beach Village II final subdivision satisfies the requirements of
state law, the Bainbridge Island Municipal Code, the City's Comprehensive Plan, and all other
applicable ordinances in effect at the time of preliminary plat approval.
Section 4. The Mayor is authorized to inscribe the City Council's approval on the face of
the final plat; provided, that upon approval of the final plat, the Council may direct and authorize
another member of the Council to inscribe the Council's approval on the face of the final plat.
Page 1 of 2
PASSED by the City Council this 26th day of March, 2019.
APPROVED by the Mayor this 26th day of March, 2019.
Kol Medina, Mayor
ATTEST/AUTHENTICATE:
6-h-r'isstfitie Brown, City Clerk
FILED WITH THE CITY CLERK: March 21, 2019
PASSED BY THE CITY COUNCIL: March 26, 2019
RESOLUTION NO. 2019-16
Page 2 of 2
CITY OF
BAINBRIDGE
ISLAND
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
COMPLIANCE NOTATION REPORT - PLEASANT BEACH VILLAGE II
Date: March 8, 2019
To: Gary Christensen, Director
From: David Greetham, Senior City Planner
Project: Pleasant Beach Village II Final Subdivision
File Number: PLN 13880F FSUB
Applicant: PBPBS, LLC
4699 Woodson Way, STE 309
Bainbridge Island, WA 98110
Request: Final approval of a 22 -lot subdivision
Location: South of Baker Hill Road in the Lynwood Center planning area, a portion of Government Lot 5 (NE
%, NE %), Sec. 04, T. 24 N R. 2E, W.M.
The Pleasant Beach Village II (formerly Pleasant Beach Village) preliminary subdivision was approved by
the Hearing Examiner on June 27, 2017, subject to the conditions below. The final plat application was
reviewed in compliance with BIMC 2.16.160: The City Engineer reviewed the final subdivision to determine
compliance with legal requirements and recommends approval; The Kitsap Public Health District reviewed
the final subdivision and also recommends approval. The Bainbridge Island Fire Department has reviewed
the final subdivision and has no outstanding concerns which would prohibit final subdivision approval. The
Department of Planning and Community Development evaluated compliance with the conditions imposed
on the preliminary subdivision and other applicable ordinances.
As annotated in bold font, the conditions are satisfied, and final plat approval is recommended.
SEPA CONDITIONS:
1. No clearing or grading for roads, drainage facilities, trails or other subdivision improvement
shall occur until a plat utilities permit has been submitted, reviewed, and approved by the
City for phase in which the work is to be completed.
A plat utilities permit has been obtained for site work. (Reference: PU20632)
Pleasant Beach Village 11 Final Plat PLN1388OF FSUB Page 1 of 8
2. All areas outside of the allowed buildings and impervious surfaces shall be retained in native
vegetation, landscaped, or covered with mulch or straw prior to October 1st of each year.
Cleared areas were covered with straw as required.
3. Public Works finds that the proposed activity is likely to cause measurable degradation of
surface water quality without a proper temporary erosion and sedimentation control plan
(TESCP). Therefore prior to any construction within this subdivision a TESCP shall be
submitted and approved by the City. Construction shall be restricted to the dates occurring
between May 1 and September 30 unless a wet weather erosion control plan is submitted
and approved prior to construction.
The required TESCP plan has been submitted, approved, and implemented on site.
4. All graded material removed from the subdivision shall be hauled to and deposited at City
approved locations. (Note: local regulations require that a grade/fill permits is obtained
for any grading or filling of 50 cubic yards of material or more, and a SEPA Threshold
Determination is required for any fill over 100 cubic yards.)
The applicant obtained a grade and fill permit to move and deposit graded materials.
(Reference: BLD20632 GAF)
5. To mitigate impacts on air quality during earth moving activities, contactors shall conform
to Puget Sound Clean Air Agency Regulations, which insure that reasonable precautions are
taken to avoid dust emissions. (Section 16.08.040, BIMC)
Water trucks were utilized for dust mitigation compliance during earth moving
activities.
6. Prior to final plat approval, approval from the Kitsap County Health District much be
obtained.
The Kitsap Public Health District has reviewed the final plat and signed off with no
comments. (Reference: April 13, 2018 Memorandum from Kitsap Public Health) The
Health Officer will also sign the face of the plat prior to recording.
7. On site mobile fueling from temporary tanks is prohibited unless the Applicant provides and
is granted approval for a Permit and Best Management Plan that addresses proposed
location, duration, containment, training, vandalism and cleanup. (Reference 1, Uniform
Fire Code 7904.5.4.2.7 and 2. Department of Ecology, Stormwater Management Manual,
August 2001, see Volume IV "Source Control BMP's for Mobile Fueling of Vehicles and
Heavy Equipment".) (Chapter 173-304 WAC).
The applicant is not utilizing on-site mobile fueling.
Pleasant Beach Village 11 Final Plat PLN1388OF FSUB Page 2 of 8
8. To mitigate any noise impacts, all construction activities must comply with BIMC 16.16.025
Limitation on Construction Activities.
The contractor is subject to all applicable noise standards for bonded items not yet
completed.
9. All lighting within the subdivision shall comply with the City's Lighting Ordinance, BIMC
Chapter 15.34.
Lighting shall comply with applicable City standards.
10. Contractor is required to stop work and immediately notify the Department of Planning and
Community Development and the Washington State Office of Archaeology and Historic
Preservation if any historical or archaeological artifacts are uncovered during excavation or
construction.
Site excavation has been completed and no historical or archaeological artifacts were
encountered.
11. To mitigate transportation impacts, the applicant shall install a multi -use non -motorized
trail improvement for the length of the property's Baker Hill frontage. The trail
improvement shall be consistent with the trails standard.
The required non -motorized trail has been installed along Baker Hill Road, between
Lynwood Center Road and Blakely Heights Drive.
12. To ensure a safe walking path for students walking from the development to Blakely School,
the three-foot gravel shoulder from the end of the non -motorized trail on the subject
property to the intersection of Baker Hill Road and Blakely Heights Drive shall be
refurbished with a new gravel shoulder meeting City guidelines.
The required shoulder improvements have been completed.
13. Approved street names, traffic regulatory signs, and accessible mailbox locations that do
not restrict pedestrian access must be shown on the plat utilities plans, which shall be
submitted and approved prior to final plat.
The applicant's plan showing the required items has been submitted and approved by
the Department of Public Works.
14. Public and private improvements, facilities, and infrastructure, on and off the site, that are
required for the subdivision shall be completed, and have final inspection and approval
prior to final plat approval. Approval of public facilities will be shown by a formal letter of
acceptance from the City Engineer. An assurance device acceptable to the City may be used
(in lieu of physical completion) to secure and provide for the completion of necessary
facilities. Any such assurance device shall be in place prior to final plat approval, and shall
Pleasant Beach Village 11 Final Plat PLN1388OF FSUB Page 3 of 8
enumerate in detail the items being assured and shall require that all such items will be
completed and approved by the City within one year of the date of final plat approval.
While lots created by the recording of the final plat may be sold, no occupancy of any
structure will be allowed until the required improvements are formally accepted by the
City. Additionally a prominent note on the face of the final plat drawing shall state: "The
lots created by this plat are subject to conditions of an assurance device held by the city for
the completion of certain necessary facilities. Building permits may not be issued and/or
occupancy may not be allowed until such necessary facilities are completed and approved
by the City of Bainbridge Island. All purchasers shall satisfy themselves as to the status of
completion of the necessary facilities."
The Department of Public Works Engineering Division has provided a memorandum
stating that the applicant has provided assurance bonding for construction of all
remaining civil improvements. (Reference: Memorandum from Peter Corelis dated
February 22, 2019 and Performance Agreement dated December 21, 2018)
PROJECT CONDITIONS:
15. The Pleasant Beach Village BLA (PLN13880G BLA) shall be recorded prior to submittal of the
Final Plat application.
The final Boundary Line Adjustment (BLA) has been recorded. (Reference: Recording
number 201707250253)
16. Except for modifications reflecting compliance with these conditions of approval, the final
subdivision shall substantially conform to the plans date-stamped received on the following
dates: Landscape plans, December 9, 2016; Preliminary plat sheets C-1 and C-2, dated May
30, 2017.
The December 9, 2016 landscape (buffer planting) plan has been adhered to. Preliminary
sheets C-1 and C-2 are the preliminary plat and subdivision plan review, respectively. The
final versions of sheets C-1 and C-2 substantially conform the original plans, with minor
modifications to the open space as directed by the City. Sheets C-1 and C-2 reflect a
required utility easement and increased buffers as directed by the City.
17. Prior to any construction activities, the applicant shall obtain the appropriate permits from
the City of Bainbridge Island, including but not limited to, clearing, grading, and/or building
permits.
The appropriate construction permits have been obtained by the applicant. (Reference:
Plat Utilities Permit PU20632 and Grading Permit BLD20632 GAF)
18. The final plat shall comply with the following conditions of the Fire Marshall: A. The
proposed project shall comply with all provision of the adopted Fire Code. B. Dotson Loop
water system shall be connected to the Pitts Path water line and a flow test shall be
conducted prior to "fire final" of any occupancy. C. The fire hydrant locations along Ridge
Lane shall be approved by the Fire Marshal prior to their installation and prior to final plat
Pleasant Beach Village 11 Final Plat PLN1388OF FSUB Page 4 of 8
approval. D. Fire hydrants shall be of an approved type and located with the approval of
the Fire Marshal.
The Fire Marshall has provided a memorandum stating that the requirements for the
installation of fire hydrants have been met, and there are no outstanding concerns which
would prohibit the approval of the final subdivision. (Reference: April 8, 2018
Memorandum from Luke Carpenter, Bainbridge Island Fire Department)
19. a. The preliminary subdivision approval is subject to the following conditions of the City's
Development Engineer: a. Civil construction plans, sections, profiles and details for all
roads, roadway storm drainage facilities, and water facilities, and appurtenances, prepared
by the developer's engineer shall be submitted to the City for review and approval.
Approval is granted when a Plat Utilities Permit is issued by the City. The Plat Utilities Permit
shall be obtained prior to final subdivision approval. Civil construction will be required
before building permits shall be issued. In lieu of completion of improvements, the City
Engineer may accept any assurance device, in an amount and in a form determined by the
City, but not to exceed 125 percent of the established cost of completing the infrastructure
that secures and provides for the actual construction and installation of the improvements
or the performance of the conditions within one year, or such additional time as the City
Engineer determines is appropriate after final plat approval.
b. Engineer certified as -built construction plans will be provided by the applicant prior to
final plat approval.
c. A Developers Extension Agreement must be competed with the City for utilities and
roadways that will be dedicated to the City.
d. Prior to any construction activities, the applicant shall apply for a Department of Ecology
General Stormwater Construction Permit (Construction Permit) or extend the existing
Permit. Any jobsite one acre or greater in size must comply with NPDES Phase II
Department of Ecology requirements by applying for this permit.
e. Provide all discharge monitoring reports (DMS) data required by the NPDES permit to
PWAdmin@bainbridgewa.gov at the same frequency as required by the Construction
Permit.
f. Turbidity/Transparency Benchmark Values and Triggers 1) If the discharge turbidity is 26
NTU and above the permittee must: i. Review the stormwater pollution prevention plan
(SWPPP) for compliance with the NPDES Special Condition S9 and make appropriate
revisions within 7 days of the date the discharge exceeded the benchmark. ii. Immediately
begin the process to fully implement and maintain appropriate source control and/or
treatment best management practices (BMPs) as soon as possible, addressing the problems
within 10 days the discharge exceeded the benchmark. If installation of necessary
treatment BMPs is not feasible within 10 days, the City may approve additional time when
the permittee requests an extension within the initial 10 -day response period. iii. Level One
Corrective Actions- Operational Source Control BMPs 1) If the 25 NTU benchmark is
Pleasant Beach Village 11 Final Plat PLN1388OF FSUB Page 5 of 8
exceeded for any quarter of the project duration, within 10 days the permittee must
implement NEW (not existing) Chapter II -4 -Best Management Practices Standards and
Specifications II -4.1 Source Control BMPs from the 2014 Ecology Stormwater Management
Manual for Western Washington (SWMMWW). 2) Provide a map of where these BMPs are
being implemented and maintained until final site stabilization is approved by the City and
Department of Ecology. iv. Level Two Corrective Actions- Runoff Conveyance and
Treatment BMPs, 1) If they 25 NTU benchmark is exceeded for any two quarters of the
project duration, within 20 days the permittee must implement NEW (not existing) Chapter
II -4 -Best Management Practice Standards and Specifications II -4.2 Runoff Conveyance and
Treatment BMPs from the 2014 Ecology SWMMWW. 2) Provide a map of where these
BMPs are being implemented and maintained until final site stabilization is approved bythe
City and Department of Ecology. v. Level Three and Four Corrective Actions- Runoff
Conveyance and Treatment BMPs. 1) If the 25 NTU benchmark is exceeded for any three
of four quarters of the project duration, within 10 days the permittee must implement NEW
(not existing) Chapter II -4 -Best Management Practices Standards and Specifications II -4.2
Runoff Conveyance and Treatment BMPs from the 2014 Ecology SWMMWW. For quarter
three and four new BMPS must include BMP C250: Construction Stormwater Chemical
Treatment , or BMP C251: Construction Stormwater Filtration per the 2014 Ecology
SWMMWW requirements. 2) Provide a map of where these BMPs are being implemented
and maintained until final site stabilization is approved by the City and Department of
Ecology. vi. Document BMP implementation and maintenance- this documentation must
be provided to PWAdmin@bainbridgewa.gov within 10 days or within a City and
Department of Ecology approved deadline.
g. A binding unlimited reservation and approval to connect to sewer is required prior to
final subdivision.
h. An approved deviation to the City of Bainbridge Island Urban Local Access Street
Standard, Drawing No. 7-050 has been provided by the applicant. The roadway shown on
the proposed plan, will have a 30 -foot right-of-way, sidewalk on one side of the roadway, a
greater than 12 percent slope in some locations and a centerline radius that is less than
standard. The deviation was approved by the City's Public Works Director.
i. All lot closures shall be staked with three-quarter inch galvanized iron pipe and locator
stakes. A survey of the property must be completed and submitted with the final plat
application.
J. A right-of-way (ROW) construction permit will be required prior to any construction
activities within the right-of-way. The ROW permit will be subject to separate conditions
and bonding requirements.
The City Development Engineer has provided a memorandum stating that the final
subdivision complies with City standards, the applicant has provided assurance bonding
for all remaining civil improvements, and that the final subdivision is recommended for
approval. (Reference: Memorandum from Peter Corelis dated February 22, 2019 and
Performance Agreement dated December 21, 2018)
Pleasant Beach Village 11 Final Plat PLN1388OF FSUB Page 6 of 8
20. Prior to final plat approval, the applicant shall install low impact fencing as defined in BIMC
17.28.020.30 along the south open space boundary of Tract A.
The required low impact fencing is included in the assurance device. (Reference:
Subdivision Performance Agreement dated December 21, 2018 and performance bond
no. PB10324000072)
21. Prior to final plat approval, the applicant shall install open space signs every 100 feet along
the interior borders of open space Tracts A, B, C and D, designed to provide protection for
these open space tracts that are to remain in protected native vegetation.
The required signage is included in assurance device. (Reference: Subdivision
Performance Agreement dated December 21, 2018 and performance bond no.
P1310324000072)
22, Open Space signage and fencing must be maintained in perpetuity and required locations
of fencing and signage shall be noted on the face of plat.
The signage and fencing must be maintained in perpetuity as required. Open space tracts
and easements are depicted on the face of the plat. Final signage and fencing locations
have not yet been determined but are included in the assurance device. (Reference:
Subdivision Performance Agreement dated December 21, 2018 and performance bond
no. PB10324000072)
23. A final Open Space Management Plan (OSMP) shall be recorded with the final plat and the
OSMP shall be referenced on the face of the plat. The final OSMP shall be modified within
the proposed CC&Rs to clearly identify Section 6.5 as an Open Space Management Plan.
Also, the plan shall be modified to prohibit agricultural uses, septic systems and active
recreation within open space Tracts A, B, and C.
The final open space plan has been submitted and will be recorded with the final plat.
24. Lot coverage of 25% shall be allocated as follows and noted on the face of the plat: 2,389
square feet per lot.
This condition is noted on the final plat.
25. The following setbacks shall be noted and depicted on the final plat (note: the building
envelopes on the preliminary plat need to be modified to reflect these setbacks properly):
Building to Building (on-site):min 10 feet; Building to exterior subdivision boundary line:
min 15 feet; Building to right-of-way (Baker Hill Road): min 40 feet; Building to other streets
(internal right-of-way): min 15 feet; Building to Open Space: min 10 feet; Building to Trail:
m in 10 feet.
The required setbacks are noted on the final plat.
Pleasant Beach Village 11 Final Plat PLN1388OF FSUB Page 7 of 8
26. The plat shall provide a 10 -foot wide partial screen landscape buffer along Baker Hill Road
and a 15 -foot wide full screen landscape buffer along the east property line consistent with
the prior Site Plan and Design Approval for the Blossom Hill/Pleasant Beach Village
Development. Prior to final plat approval, the buffer shall be planted to required
landscaping standards (BIMC 18.15.010.D.4) or planting assured as provided in BIMC
18.15.010.H. The buffer shall be maintained for the life of the project.
The required buffers are delineated on the final plat map.
27. The following conditions shall be listed on the final plat: Applicable portions of Conditions
1-5;7-10; 14; and 22-16.
The conditions are listed on the final plat.
Pleasant Beach Village 11 Final Plat PLN1388OF FSUB Page 8 of 8
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SUBDIVISION PERFORMANCE AGREEMENT
THIS SUBDIVISION PERFORMANCE AGREEMENT (this "Agreement") is
entered into between PBPBS, LLC ("Applicant') and the City of Bainbridge Island,
Washington (the "City").
I. The Applicant has applied for approval of a development known as
Pleasant Beach Village (City File No. PLN1388OF FSUB). As a condition of approval,
the City has required various improvements in accordance with Chapter 2.16 of the
Bainbridge Island Municipal Code (`BIMC") and an approved plat plan. Pursuant to
Section 2.16.160(L), the City Council has determined that a performance assurance
device by one of the methods described below for 12 months t will adequately protect the
interests of the City.
2. The performance assurance device must be in the amount of 125 percent
of the improvements to be installed, which is the sum of $167,451.21. The Applicant at
its option shall file with the City as security for performance of the improvements (check
appropriate method below):
a. An assignment of funds on deposit in bank account (Acct. No.
b. An assignment of existing construction loan proceeds (Acct. No.
C. An irrevocable letter of credit issued by a federal or state chartered bank
having a banking office in the State of Washington (Acct. No.
d. A cash deposit (Check No. };
X e. A performance bond (Bond No. PB 103 240 000 2 ).
3. If the Applicant fails to complete the subdivision improvements described
in paragraph 1 above to the satisfaction of the City, the City shall take all steps necessary
to enforce the security device listed in paragraph 2. Funds received by the City from the
security device shall be used solely for the purpose of completing the subdivision
improvements described in paragraph 1. If the funds received by the City from the
security device are insufficient to pay in full for the subdivision improvements, the City
shall pay the additional cost of the improvements, and the applicant shall reimburse the
City for the additional cost. If the applicant does not pay the additional cost to the City
within 60 days of demand, the additional cost shall constitute a lien upon the real property
described in City File No. PLN 13880F FSUB, upon the filing by the City of such a lien.
' Within L year or such additional time as the City Engineer determines after final plat approval.
the funds received by the City from the security device exceed the actual cost of the
subdivision improvements required to be completed by the City, any surplus remaining
following completion of the improvements shall be returned to the order of the applicant
and the surety or bank, if applicable.
4. If either party is required to file suit to enforce this Agreement or to
enforce or collect on any security provided pursuant to this agreement, the prevailing
party shall be entitled to recover all reasonable costs and attorneys' fees incurred therein.
5. This Agreement shall be binding on the heirs, assigns, successors,
administrators, and executors of the parties,
6. ' This Agreement shall be governed by and construed in accordance with
the laws of the State of Washington.
DATED this 21 day of L'20 1Y
CITY OF BAINBRIDGE ISLAND
By —
Barry Loveless
City of Bainbridge Island
Public Works Director
PBPBS. LLC
(Applicant)
By [/
E
Kelly MacDonald
Governor
SUBDIVISION PERFORMANCE BOND
BOND NO.: PB10324000072
WHEREAS, PBPBS, LLC (the "Principal") has applied for approval of a development
known as Pleasant Beach Village II (City File No. PLN1388OF FSUB). As a condition of
approval, the City has required various improvements in accordance with Chapter 2.16 of the
Bainbridge Island Municipal Code ("BIMC") and an approved plat plan (the "Plan").
WHEREAS, pursuant to Section 2.16.160(L) BIMC, the City Council has determined
that a performance bond will adequately protect the interests of the City.
NOW THEREFORE, the undersigned Principal and Philadelphia lndemnity Insurance
Companx, a corporation authorized to transact surety business in the State of Washington
(hereinafter referred to as the "Surety"), agree and bind themselves, their heirs, executors,
administrators and assigns, unto the City in the amount of One Hundred Sixty -Seven Thousand
Four Hundred Fifty -One and 25/100 Dollars ($167,451.0, that being 125 percent of the
established costs of completing the infrastructure, according to the following terms and
conditions.
1. The Principal and Surety agree that in the event the improvements are not installed within
one year in accordance with the Plan and Section 2.16.160(L) of the Bainbridge Island Municipal
Code, then the Surety shall, within 20 days demand of the City make a written commitment to
the City that it will either:
(a) remedy the default itself with reasonable diligence pursuant to a time schedule
acceptable to the City, or
(b) tender to the City within an additional 10 days the amount necessary, as determined
by the City, for the City to remedy the default, up to the total bond amount.
The Surety shall then fulfill its obligations under this bond, according to the option it has
selected.
If the Surety elects option (b), then upon completion of the remedy the City shall notify the
Surety of the actual costs of the remedy. The City shall return, without interest, any
overpayment made by the Surety, and the Surety shall pay to the City any actual costs which
exceed the City's estimate, limited to the bond amount.
2. If the Principal fails to install the improvements within the time period requested by the
City, the City's employees and agents are hereby authorized to enter onto said property and to
perform such work. This provision shall not be construed as creating any obligation on the part
of the City or its representatives.
3. In the event any lawsuit is instituted to enforce the terms of this bond or to determine the
rights of any party hereunder, the prevailing party in such litigation shall be entitled to recover
from the losing party its costs, including reasonable attorneys' fees, incurred as a result of such
lawsuit.
4. This bond shall remain in full force and effect until the obligations secured hereby have
been fully performed and until released in writing by the City at the request of the Surety or the
Principal.
Sealed and dated this 18th day of December, 2018.
PRINCIPAL: PBPBS, LLC
By: Kelly MacDonald
(Print Name)
Signature: aj -ep
Title: Governor
SURETY: Philadelphia Indemnity Insurance Com an
By: Regan Hu f
(Print Name)
Signature:
Title: Attorney -in -Fact
Address: 1325 Fourth Ave Ste 2100
Seattle, WA 98101
Attachments: Original Surety Power of Attomey
►a
161
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Rcean Ilunr, Knthlcen Marin Nloss, MAI thew Bcnol(flnd KCvaw Swar of NICNI
Inst r ante Services LLC Its true and lawful Attorney -In -fact with full authority to execute on Its behalf bonds, undertakings, recognlzances and other contracts of
Indemnity and writings obligatory In the nature thereof, Issued In the course of its business and to bind the Company thereby, In an amount not to exceed
$50,000.0,0 -
This Power of Attorney is granted and is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14th of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company: (1) Appoint Attorney(s) in Fact and authorize the Attomey(s) in Fact to
execute on behalf of the Company bonds and undertakings, contracts of indemnity and
other writings obligatory in the nature thereof and to attach the seal of the Company
thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the
authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile, and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be
valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS
CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27Th DAY OF OCTOBER, 2017.
1927
r
(Seal)
Robert D. O'Leary Jr., President & CEO
Philadelphia Indemnity Insurance Company
On this 27h day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said
that he is the therein described and authorized officer of the PHILADELPIHA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is
the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
flllt uarr�vu��.:
Notary Public:
u,ave�.i,v 1,^�.-j,.r..-^ce,.�.•1
ICw/�11M lrp��� Ssw i5 ]]il
residing at:
(Notary Seal)
My commission expires:
Bala Cvnwvd.PA
1, Edward SayagD, Corporate Secretary of Fill LADELPI IIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of
Directors and the Power of Attomcy issued pursuant thereto on the 27a day of Oclober, 2017 are true and correct and are still in full force and effect. I do further certify
that Robert D. O'Leary Jr., who executed the Power of Attomey as President, was on the date of cxccution of the attached Power of Attorney the duly elected President
of PIIILADELPHIA INDEMNITY INSURANCE COMPANY.
In Testimony Whereof 1 have subscribed my name and affixed the facsimile seal of each Company this '��` day of 20
i 9 2 T Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
BEFORE THE HEARING EXAMINER
FOR THE CITY OF BAINBRIDGE ISLAND
In the Matter of an Application for a )
Preliminary Subdivision for ) PLN13880F SUB
PLEASANT BEACH VILLAGE ) FINDINGS OF FACT,
CONCLUSIONS OF LAW
Creating 22 Lots on 4.83 Acres ) AND ORDER
With Associated Open Space and Public )
Roads, south of NE Baker Hill Road. }
SUMMARY
Applicant: PBPBS LLC
P.O. Box 10159
Bainbridge Island, WA 98110
Location: Bordering the south side of NE Baker Hill Road within a portion of
NEI/4NE1/4 Sec. 4, T24N, R2E, W.M.
Comp Plan: Open Space Residential
Zoning: R-5
Summary of
Proposal: To subdivide two lots totaling 4.83 acres into 22 lots with associated
open space and public roads.
SEPA Compliance: Mitigated Determination of Non -Significance (MDNS) issued March 22,
2017. No appeals,
Public Hearing: June 8, 2017. Testimony by Staff, Applicant's Representative and two
members of the public. No opposition.
Decision: The application is approved, subject to conditions.
FINDINGS OF FACT
1. PBPBS LLC seeks to subdivide two lots consisting of 4.83 acres into 22 lots with
associated open space and public roads.
2. The property is located south of NE Baker Hill Road near the south end of the island
on land within a portion of NEI/4NE1/4 Sec. 4. T24N, R2E. W.M.
3. The two lots that comprise the site are 2.15 and 2.68 acres in size. The land is
currently vacant, although as part of a previously approved development (Blossom Hill), the
applicant has installed road, sewer, water and stormwater infrastructure.
4. The Comprehensive Plan designation of the site is Open Space Residential. The
zoning of the site is R-5 as is the zoning of the neighboring properties to the west and south.
Properties to the east and to the north (across Baker Hill Road) are zoned R-1.
5. The adopted subarea plan for the Lynwood Center Special Planning Area applies to
the subject parcels, The plan recommends that R-5 zoned parcels continue to allow up to five
units per acre if the units are served by public sewer. The proposed subdivision shall be subject
to a binding letter of sewer availability being provided prior to final plat.
6. The main access to the site will be from the north, off of Baker Hill Road. The entry
branches into a loop which will border all of the building lots and eventually lead back to the
entry point. Bordering the west side of the loop (Upper Dotson Loop) will be 12 single family
dwellings. Along the east side of the loop (Ridge Road) will be another 10 single family
dwellings. The loop road will be dedicated to the public.
7. At the southeast corner of the property will be another road access connecting the
private Lower Dotson Loop and Pitts Path to Lynwood Center Road.
8. The project is installing sidewalk along all of the internal roads. A multi -use non -
motorized trail is to be provided for the property's Baker Hill Road frontage. To ensure a safe
walking path from the development to Blakely School the three-foot gravel shoulder from the
end of the non -motorized trail on the subject property to the intersection of Baker Hill Road and
Blakely Heights Drive is to be refurbished with new gravel shoulder.
9. The City Engineer determined that the capacity of transportation facilities affected by
the proposed development is equal to or greater than the capacity required to maintain the level
of service standard for the impact of the development. A Certificate of Concurrency was issued
for the project.
10. The proposed open space will include a sizeable tract along the east side of Ridge
Road, a roadside buffer easement along the east side of Upper Dotson Loop, and four smaller
tracts near the east and west boundaries of the plat. The open space areas will include trail
connections to off-site properties and to Blakely Elementary school.
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11. The large open space tract along the eastern property line will provide a buffer of
native vegetation between the subdivision and existing single-family development to the east.
12. The designated open space tracts will be in common ownership, managed by a
homeowner's association. The buffer easement will be part of lots #13-21 and may be used as
private yards, but will be protected by covenant and easement terms.
13. The CC&R's shall contain and clearly identify an Open Space Management Plan.
The plan shall prohibit agricultural uses, septic systems and active recreation with open space
tracts.
14. The planned provisions for open space meet applicable standards, including the
requirement for a maximum of 25 percent of the lot area of the property subdivided
to be designated as open space.
15. The site is wooded and slopes from east to west offering views over Lynnwood
Center and Rich Passage. While there are no critical areas, there are some significant slopes
requiring review and analysis by a geotechnical engineer.
16. Environmental review as conducted pursuant to the State Environmental Policy Act.
A Mitigated Determination of Non -Significance (MDNS) was issued. This decision was not
appealed. An environmental impact statement need not be prepared.
17. As conditioned, the proposed plat meets density and lot area requirements. Setback
and lot coverage standards can be met and will be shown on the face of the plat. A landscape
buffer is to be planted and maintained in conformance with roadside buffer standards.
18. The City Engineer reviewed the plans and recommended approval of the preliminary
plat, as conditioned. She found that the proposal conforms to stormwater requirements, will not
cause undue burden on the drainage basin, and will not unreasonably interfere with the use and
enjoyment of downstream properties. She also found that streets and pedestrian ways are
coordinated with streets serving adjacent properties and are adequate to accommodate
anticipated traffic; that the water and sewer system has sufficient capacity to serve the plat; and
that the preliminary plat conforms to Bainbridge Island design and construction standards with
the exception of right-of-way for which a variation was approved.
19. The Examiner concurs with the City Engineer's findings and expressly finds that
public utilities and services adequate to accommodate the demands of the development are
available.
20. Consulted departments and agencies have no objections to the proposed subdivision.
Their comments are reflected in conditions of approval.
21. The Staff analyzed this proposal in light of the preliminary long subdivision decision
criteria (BMC 12.16.125.1-1). As conditioned, they found that the planned development will be
3
consistent with the standards, The Hearing Examiner concurs with this analysis and adopts the
same. The Staff Report is by this reference incorporated herein as thought fully set forth,
22, The Staff adequately responded to public testimony and public correspondence. In
particular Staff has noted that all proposed houses within the subdivision will have to comply
with the zoning building height which is currently 25 feet. Moreover, the proposed landscaping
along the eastern edge of the property is sensitive to views. Most of the trees and shrubs are
either low growing or are narrow and cylindrical.
23. Any conclusion herein which may be deemed a finding is hereby adopted as such.
CONCLUSIONS OF LAW
1. The Hearing Examiner has jurisdiction over this proceeding.
2. The requirements of SEPA have been met.
3. As conditioned herein, the proposed preliminary plat meets the requirements of RCW
58.17.110, Adequate provision is made for the public health, safety and welfare and for the
public use and interest.
4. As conditioned herein, the proposed preliminary plat meets the relevant provisions of
the Bainbridge Island land use code in general, and BIMC 2.16.125(H) in particular.
5. Any finding herein which may be deemed a conclusion is hereby adopted as such.
CONDITIONS
SEPA Conditions
Earth
1, No clearing or grading for roads, drainage facilities, trails or other subdivision
improvement shall occur until a plat utilities permit has been submitted, reviewed, and approved
by the City for phase in which the work is to be completed,
2. All areas outside of the allowed buildings and impervious surfaces shall be retained in
native vegetation, landscaped, or covered with mulch or straw prior to October I` of each year.
3, Public Works finds that the proposed activity is likely to cause measurable
degradation of surface water quality without a proper temporary erosion and sedimentation
control plan (TESCP). Therefore prior to any construction within this subdivision a TESCP shall
be submitted and approved by the City, Construction shall be restricted to the dates occurring
between May 1 and September 30 unless a wet weather erosion control plan is submitted and
approved prior to construction.
Cl
4. All graded materials removed from the subdivision shall be hauled to and deposited at
City approved locations. (Note: local regulations require that a grade/fill permits is obtained for
any grading or filling of 50 cubic yards of material or more, and a SEPA Threshold
Determination is required for any fill over 100 cubic yards.)
Air
5. To mitigate impacts on air quality during earth moving activities, contractors shall
conform to Puget Sound Clean Air Agency Regulations, which insure that reasonable
precautions are taken to avoid dust emissions. (Section 16.08.040, BIMC)
Environmental Health
6. Prior to final plat approval, approval from the Kitsap County Health District must be
obtained.
7. On site mobile fueling from temporary tanks is prohibited unless the Applicant
provides and is granted approval for a Permit and Best Management Plan that addresses
proposed location, duration, containment, training, vandalism and cleanup. (Reference 1,
Uniform Fire Code 7904.5.4.2.7 and 2. Department of Ecology, Stormwater Management
Manual, August 2001, see Volume IV "Source Control BMP's for Mobile Fueling of Vehicles
and Heavy Equipment".) (Chapter 173-304 WAC)
Noise
8. To mitigate any noise impacts, all construction activities must comply with BIMC
16.16.025 Limitation of Construction Activities.
Light and Glare
9. All lighting within the subdivision shall comply with the City's Lighting Ordinance,
BIMC Chapter 15.34.
Historic and Cultural Preservation
10. Contractor is required to stop work and immediately notify the Department of
Planning and Community Development and the Washington State Office of Archaeology and
Historic Preservation if any historical or archaeological artifacts are uncovered during excavation
or construction.
Transportation
11, To mitigate transportation impacts, the applicant shall install a multi -use non -
motorized trail improvement for the length of the property's Baker Hill frontage. The trail
improvement shall be consistent with the trails standard.
12. To ensure a safe walking path for students walking from the development to Blakely
School, the three-foot gravel shoulder from the end of the non -motorized trail on the subject
property to the intersection of Baker Hill Road and Blakely Heights Drive shall be refurbished
with a new gravel shoulder meeting City guidelines.
13. Approved street names, traffic regulatory signs, and accessible mailbox locations that
do not restrict pedestrian access must be shown on the plat utilities plans, which shall be
submitted and approved prior to final plat.
Public Services
14. Public and private improvements, facilities, and infrastructure, on and off the site, that
are required for the subdivision shall be completed, and have final inspection and approval prior
to final plat approval. Approval of public facilities will be shown by a formal letter of
acceptance from the City Engineer. An assurance device acceptable to the City may be used (in
lieu of physical completion) to secure and provide for the completion of necessary facilities.
Any such assurance device shall be in place prior to final plat approval, and shall enumerate in
detail the items being assured and shall require that all such items will be completed and
approved by the City within one year of the date of final plat approval. While lots created by the
recording of the final plat may be sold, no occupancy of any structure will be allowed until the
required improvements are formally accepted by the City. Additionally a prominent note on the
face of the final plat drawing shall state:
"The lots created by this plat are subject to conditions of an assurance device
held by the city for the completion of certain necessary facilities. Building
permits may not be issued and/or occupancy may not be allowed until such
necessary facilities are completed and approved by the City of Bainbridge
Island. All purchasers shall satisfy themselves as to the status of completion
of the necessary facilities."
Project Conditions
15, The Pleasant Beach Village BLA (PLN1388OG BLA) shall be recorded prior to
submittal of the Final Plat application.
16. Except for modifications reflecting compliance with these conditions of approval, the
final subdivision shall substantially conform to the plans date-stamped received on the following
dates: Landscape plans, December 9, 2416; Preliminary plat sheets C-1 and C-2, dated May 30,
2017.
17. Prior to any construction activities, the applicant shall obtain the appropriate permits
from the City of Bainbridge Island, including but not limited to, clearing, grading, and/or
building permits.
18. The final plat shall comply with the following conditions of the Fire Marshal:
31
A. The proposed project shall comply with all provision of the adopted Fire
Code.
B, Dotson Loop water system shall be connected to the Pitts Path water line and
a flow test shall be conducted prior to "fire final" of any occupancy.
C, The fire hydrant locations along Ridge Lane shall be approved by the Fire
Marshal prior to their installation and prior to final plat approval.
D, Fire hydrants shall be of an approved type and located with the approval of the
Fire Marshal,
19. The preliminary subdivision approval is subject to the following conditions of the
City's Development Engineer:
General
a, Civil construction plans, sections, profiles and details for all roads, roadway
storm drainage facilities, and water facilities, and appurtenances, prepared by
the developer's engineer shall be submitted to the City for review and approval.
Approval is granted when a Plat Utilities Permit is issued by the City. The Plat
Utilities Permit shall be obtained prior to final subdivision approval. Civil con-
struction will be required before building permits shall be issued. In lieu of
completion of improvements, the City Engineer may accept any assurance device,
in an amount and in a form determined by the City, but not to exceed 125 percent
of the established cost of completing the infrastructure that secures and provides
for the actual construction and installation of the improvements or the
performance of the conditions within one year, or such additional time as the City
Engineer determines is appropriate after final plat approval.
b. Engineer certified as -built construction plans will be provided by the applicant
prior to final plat approval.
c. A Developers Extension Agreement must be completed with the City for
utilities and roadways that will be dedicated to the City.
Stormwater
d. Prior to any construction activities, the applicant shall apply for a Department
of Ecology General Stormwater Construction Permit (Construction Permit) or
extend the existing Permit. Any jobsite one acre or greater in size must comply
with NPDES Phase II Department of Ecology requirements by applying for this
permit.
7
e. Provide all discharge monitoring report (DMS) data required by the NPDES
permit to PWAdmin�)aa.bainbridgewa.goov at the same frequency as required by
the Construction Permit.
f. Turbidity/Transparency Benchmark Values and Triggers
1) If the discharge turbidity is 26 NTU and above the permittee must:
i. Review the stormwater pollution prevention plan (SWPPP) for
compliance with the NPDES Special Condition S9 and make appropriate
revisions within 7 days of the date the discharge exceeded the benchmark.
ii. Immediately begin the process to fully implement and maintain
appropriate source control and/or treatment best management practices
(BMPs) as soon as possible, addressing the problems within 10 days of
the date the discharge exceeded the benchmark. If installation of
necessary treatment BMPs is not feasible within 10 days, the City may
approve additional time when the permittee requests an extension
within the initial 10 -day response period.
iii. Level One Corrective Actions—Operational Source Control BMPs
1) If the 25 NTU benchmark is exceeded for any quarter of the
project duration, within 10 days the permittee must implement
NEW (not existing) Chapter II -4 -Best Management Practices
Standards and Specifications II -4.1 Source Control BMPs from
the 2014 Ecology Stormwater Management Manual for
Western Washington (SWMMWW).
2) Provide a map of where these BMPs. are being implemented and
maintained until final site stabilization is approved by the City and
Department of Ecology.
iv. Level Two Corrective Actions—Runoff Conveyance and
Treatment BMPs
1) If the 25 NTU benchmark is exceeded for any two quarters of
the project duration, within 20 days the permittee must implement
NEW (not existing) Chapter II -4 -Best Management Practices
Standards and Specifications II -4.2 Runoff Conveyance and
Treatment BMPs from the 2014 Ecology SWMMWW.
2) Provide a map of where these BMPs are being implemented and
maintained until final site stabilization is approved by the City and
Department of Ecology.
v. Level Three and Four Corrective Actions—Runoff Conveyance
Sewer
and Treatment BMPs
1) If the 25 NTU benchmark is exceeded for any three or four
quarters of the project duration, within 10 days the permittee must
implement NEW (not existing) Chapter II -4 -Best Management
Practices Standards and Specifications II -4.2 Runoff Conveyance
and Treatment BMPs from the 2014 Ecology SWMMWW. For
quarter three and four new BMPS must include BMP C250:
Construction Stormwater Chemical Treatment, or BMP C251:
Construction Stormwater Filtration per the 2014 Ecology
SWMMWW requirements.
2) Provide a map of where these BMPs are being implemented
and maintained until final site stabilization is approved by the
City and Department of Ecology.
vi. Document BMP implementation and maintenance—this documentation
must be provided to PWAdinin@bainbridgewa.gov within 10 days or
within a City and Department of Ecology approved deadline.
g. A binding unlimited reservation and approval to connect to sewer is required
prior to final subdivision.
Ti•affie and Roads
Other
h. An approved deviation to the City of Bainbridge Island Urban Local Access
Street Standard, Drawing No. 7-050 has been provided by the applicant. The
roadway shown on the proposed plan, will have a 30 -foot right-of-way, sidewalk
on one side of the roadway, a greater than 12 percent slope in some locations and
a centerline radius that is less than standard. The deviation was approved by the
City's Public Works Director.
i. All lot corners shall be staked with three-quarter inch galvanized iron pipe and
locator stakes. A survey of the property must be completed and submitted with
the final plat application.
j. A right-of-way (ROW) construction permit will be required prior to any
construction activities within the right-of-way. The ROW permit will be subject
to separate conditions and bonding requirements.
20. Prior to final plat approval, the applicant shall install low impact fencing as defined
in BIMC 17.28.020.30 along the south open space boundary of Tract A.
9
21. Prior to final plat approval, the applicant shall install open space signs every 100
feet along the interior borders of open space Tracts A, B, C, and D, designed to provide
protection for these open space tracts that are to remain in protected native vegetation.
22. Open space signage and fencing must be maintained in perpetuity and required
locations of fencing and signage shall be noted on the face of the plat.
23. A final Open Space Management Plan (OSMP) shall be recorded with the final plat
and the OSMP shall be referenced on the face of the plat. The final OSMP shall. be modified
within the proposed CC&Rs to clearly identify Section 6.5 as an Open Space Management Plan.
Also, the plan shall be modified to prohibit agricultural uses, septic systems and active recreation
within open space Tracts A, B, and C.
24. Lot coverage of 25 percent shall be allocated as follows and noted on the face of the
plat: 2,389 square feet per lot.
25. The following setbacks shall be noted and depicted on the final plat (note: the
building envelopes on the preliminary plat need to be modified to reflect these setbacks
properly):
Building to building (on-site) Minimum 10 feet
Building to exterior subdivision boundary line Minimum 15 feet
Building to right-of-way (Baker Hill Road) Minimum 40 feet
Building to other streets (internal right-of-way) Minimum 15 feet
Building to Open Space Minimum 10 feet
Building to Trail Minimum 10 feet
26. The plat shall provide a 10 -foot wide partial screen landscape buffer along Baker Hill
Road and a 15 -foot wide full screen landscape buffer along the east property line consistent with
the prior Site Plan and Design Approval for the Blossom Hill/Pleasant Beach Village
Development. Prior to final plat approval, the buffer shall be planted to required landscaping
standards (BIMC 18.15,010.D.4) or planting assured as provided in BIMC 18.15.010.H. The
buffer shall be maintained for the life of the project.
27. The following conditions shall be listed on the final plat: Applicable portions of
Conditions 1-5; 7-10; 14; and 22-16.
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ORDER
The application for preliminary subdivision approval for Pleasant Beach Village
(PLN 1388OF SUB) is approved, subject to the conditions set forth above.
SO ORDERED, this al �, day of June, 2017.
Wick Duf ord, Vearing Examiner Pro Temporo
11