RES NO. 2020-03 MADISON PLACE FINAL SUBDIVISIONPage 1 of 2
RESOLUTION NO. 2020-03
A RESOLUTION of the City of Bainbridge Island, Washington,
approving the Madison Place Final Subdivision.
WHEREAS, the final subdivision application for Madison Place creates 18 lots for
development of residential units on 0.82 acres of land located at 671 Madison Avenue; and
WHEREAS, on March 16, 2018, the City executed a Public Benefit, Development and
Permit Processing Agreement that relates in part to this development; and
WHEREAS, on July 25, 2018, the Hearing Examiner entered a decision of approval for
the preliminary subdivision application, with conditions; and
WHEREAS, on December 21, 2018, the City Development Engineer issued a Plat
Utilities permit (City File No. PU50892); and
WHEREAS, on May 28, 2020, the City Engineer completed review of the final
subdivision and forwarded a recommendation for approval to the Department of Planning and
Community Development; and
WHEREAS, on June 8, 2020, the City Development Engineer accepted a performance
bond for the completion of facilities and infrastructure; and
WHEREAS, on July 31, 2020, the Kitsap Public Health District reviewed the final
subdivision and forwarded a recommendation for approval to the Department of Planning and
Community Development; and
WHEREAS, on August 20, 2020, 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 September 8, 2020, the City Council conducted a closed record
proceeding regarding the Madison Place 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
satisfied in the manner outlined 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.
Page 2 of 2
Section 3. The Madison Place 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 .
PASSED by the City Council this 8th day of September, 2020.
APPROVED by the Mayor this 8th day of September, 2020.
ATTEST/AUTHENTICATE:
FILED WITH THE CITY CLERK: August 8, 2020
PASSED BY THE CITY COUNCIL: September 8, 2020
RESOLUTION NO. 2020-03
Madison Place Final Plat PLN50892 FSUB Page 1 of 5
De
Date: August 20, 2020
To: Heather Wright, Director
From: Kelly Tayara, Senior Planner
Project: Madison Place Final Plat
File Number: PLN50892 FSUB
Applicant: Madison Place LLC
PO Box 2879
Poulsbo, WA 98370
Request: Final approval of an 18-lot subdivision
Location: 671 Madison Avenue. A portion of the SE ¼, NE ¼, Sec. 27, T. 25 N R. 2E, W.M.
The Madison Place preliminary subdivision was approved by the Hearing Examiner on July 25, 2018,
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 and Bainbridge Island Fi re
District reviewed the final subdivision and recommend approval. The Department of Planning and
Community Development staff evaluated compliance with the conditions imposed on the preliminary
subdivision and other applicable ordinances and finds the final plat compliant with both.
As annotated in bold font, the conditions are satisfied, and final plat approval is recommended.
SEPA Condition
1. To avoid adverse impact to historic structures, application for demolition permit for the existing
home shall be reviewed by the Historic Preservation Committee.
The Historic Preservation Commission completed review of the application for demolition of the
home in January 2019, in compliance with this condition.
Project Conditions
2. The project must conform to the Housing Design Demonstration Project (HDDP) program Tier 1
requirements (BIMC 2.16.020.Q).
A. The project must achieve LEED, BuiltGreen 4 or Evergreen Sustainable certification.
B. The project must provide homes no greater than 1,600 square feet in size.
C. The project must provide at least four unit types and at least two of each unit type.
D. The project must provide at least three unit size ranges and at least two units within each range.
Madison Place Final Plat PLN50892 FSUB Page 2 of 5
E. The project shall substantially conform to the Innovative Site Development category scoring, as
determined by staff, and shall provide and maintain the following:
1) At least five percent of the lot area as open space which is well designed and integrated part
of the project
2) 20 percent or less turf in private yard areas
3) At least 60 percent native or drought-tolerant plants
Compliance with certification, unit size and type, and landscaping requirements is verified during
building permit review. The open space is integrated into the project and is 2,834 square feet in
size, which comprises ten percent of the lot area. The final plat complies with this condition.
3. 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.
This condition is noted on the final plat, in compliance with this condition.
4. If any historical or archaeological artifacts are uncovered during excavation or construction, work
shall immediately stop and the Department of Planning and Community Development and the
Washington State Office of Archaeology and Historic Preservation shall be immediately notified.
Construction shall only continue thereafter in compliance with the applicable provisions of law.
This condition is noted on the final plat, in compliance with this condition.
5. A final Open Space Management Plan (OSMP) shall be recorded with final plat and the OSMP shall
be referenced on the face of the plat. The final OSMP shall meet the requirements of BIMC 17.12:
For storm drainage use within open space, the applicant shall provide enhanced vegetation so that
the facility appears as a natural feature, and the use shall not adversely affect the function or
characteristics of the open space; All significant trees within the open space area shall be considered
a valued open space feature and shall be retained.
The Open Space Management Plan meets the requirements of BIMC 17.12, is referenced on the
final plat, and is required to be recorded with the plat. The final plat complies with this condition.
6. The open space boundaries common to lots 1 and 11 shall be fenced.
Fencing is financially assured in lieu of completion in compliance with this condition.
7. Open Space fencing shall be installed on or installation financially assured prior to final plat
approval, and fencing must be maintained in perpetuity and required locations of fencing shall be
noted on the face of the plat, or as required under Chapter 17.12 BIMC.
Fencing is financially assured in lieu of completion and fencing location is shown on the plat. The
final plat complies with this condition.
8. The Applicant for construction shall purchase development rights in conformance with BIMC
18.12.030 should the floor area exceed the share of the base floor area depicted on the plat.
The base floor area is depicted on the face of the plat, and the applica nt has purchased bonus
floor area from the Islander Residents’ Association / Islander Mobile Home Park. The final plat
complies with this condition.
Madison Place Final Plat PLN50892 FSUB Page 3 of 5
9. Lot coverage of 40 percent shall be allocated between the lots as proposed and noted on the face of
the plat, except: The final plat shall reflect a modest reduction in the per-lot allocation to provide
lot coverage for open space buildings (e.g., garden shed, picnic shelter, and playhouse).
Total lot coverage of 35,847 is allocated equally between the lots at square feet 796.61 square
feet per lot and, while prohibiting buildings, the open space management plan makes provision
for agricultural use and recreation facilities, such as composting bins, fencing for animal control,
and bicycle storage facilities. Under BIMC 2.16.160.H, the City Council can approve the final
subdivision with minor modifications recommended by the Department and the Applicant. With
this minor change to distribution of lot coverage, th e final plat complies with this condition.
10. The following setbacks shall be noted and depicted on the final plat:
Interior subdivision Minimum 0 feet
Building to exterior subdivision boundary line Minimum 5 feet
Building to right-of-way Minimum 10 feet
The setbacks are depicted and noted on the plat and are in compliance with this condition.
11. The final plat shall comply with the following conditions of the Fire Marshal:
A. If the floor area of the units exceeds 5,000 square feet, residential fire sprinklers will be
required.
B. Hammerhead area shall be clearly marked as NO PARKING – FIRE LANE.
C. Access road must be named and all addresses assigned off that name.
The Fire Marshal finds that the preliminary plat conditions are met and recommends approval of
the final plat.
12. The Applicant shall comply with the following conditions, to the satisfaction of the City Engineer:
A. General
1) Survey monumentation shall be provided consistent with the Standards, Section 8-03.
2) Civil improvement plans ready for construction shall be submitted with an application for a
plat utility permit to COBI for review and approval to construct all necessary infrastructure
serving the divided lots and the offsite improvements proposed in the Developer Extension
Agreement (DEA) application.
3) Separate clearing and grading permits shall be required concurrently with the plat utility
permit issuance to clear and grade the site.
4) No building permits for the newly created lots will be issued until the completion of the civil
improvements or performance bonding is established to cover unfinished work to apply for
final plat.
5) As-built civil construction plans stamped by a civil engineer shall be provi ded by the
Applicant prior to final plat.
B. Facilities Extension
1) The Developer Extension Agreement (DEA) shall be executed at the plat utilities/civil
improvement permitting application phase for the construction of roads and utilities to be
inspected and accepted by the City.
C. Roads and Utilities
1) The plat shall include storm drainage easements to cover the portions of storm drain
outside the dedicated Right-of-Way, including the incoming drain at the northwest corner
and the line running parallel to Madison Avenue North along the southern half of the
eastern lot edge.
Madison Place Final Plat PLN50892 FSUB Page 4 of 5
2) The request to allow construction of a privately owned and maintained road within a 30-
foot easement serving the development is hereby DENIED. In accordance with the
Standards the plat shall be served by a local access urban public road standard except as
noted: the plat access road shall provide two (2) 9-foot travel lanes for two-way traffic
circulation, with 1-foot gutter pans and vertical curbs to provide a clear curb-curb distance
of 20 feet. Sidewalks shall be provided on one side with a minimum 3-foot wide planter
strip. A minimum of 20 feet of right-of-way for the road section and 10-foot easements on
either side shall be dedicated to the City to provide a combined 40 feet of ROW and
easement dedication for access and utilities. A hammerhead turnaround to serve the dead-
end road is approved subject to Fire Department approval.
3) The hammerhead turnaround area including turning radii shall be clearly marked on the
ground to prevent vehicles from obstructing the turnaround area. Signage shall also be
posted indicating NO PARKING – FIRE LANE per the Fire Department comments.
4) Easement areas flanking the plat road shall require an easement document to be recorded
separate from the plat as they are not within the ROW to be dedicated on the face of the
plat.
D. Stormwater
1) A Stormwater Pollution Prevention Plan (SWPPP) prepared by a civil engineer licensed in the
State of Washington is required prior to construction activities including clearing or grading
or civil improvements for all phases of the project that complies with BIMC 15.20.
2) A final stormwater report shall be submitted detailing compliance with all applicable
minimum requirements as required by BIMC 15.20, prepared by a civil engineer licensed in
the State of Washington.
3) The findings of the geotechnical report indicate soils on-site are poor for infiltration,
however, the perched groundwater is at 2 to 3 feet below the ground surface. Treatment
Control per minimum requirement no. 6 of the City’s adopted stormwater manual (the 2014
Department of Ecology Stormwater Management Manual For Western Washington) for
Pollutant Generating Hard Surfaces (PGHS) shall include permeable pavement/pervious
pavers with an underdrain in a six-inch media layer meeting the soil suitability criteria listed
in the stormwater manual where seasonal high ground water or an underlying
impermeable/low permeable layer would not create saturated conditions within one foot of
the bottom of the lowest gravel base course. Alternative PGHS treatment control may be
provided through other means consistent with the stormwater manual as documented in
the final stormwater report.
4) Prior to final plat submittal, the Applicant shall submit an operation and maintenance plan
for the on-going maintenance of the storm drainage system.
5) All on-site stormwater facilities shall remain privately owned and maintained. The owner(s)
shall be responsible for maintenance of the storm drainage facilities for this development
following construction. Annual inspection and maintenance reports shall be provided to the
City. A Declaration of Covenant for stormwater system operation and maintenance will be
required to be recorded before final plat submittal. The approved language for the
Declaration of Covenant is found in BIMC Chapter 15.21, Exhibit A.
6) A hydrologic and hydraulic analysis must be performed to demonstrate that the future
build-out conditions from the site combined with the existing offsite drainage tributary to
the storm drain system will not exceed the capacity of the existing or proposed storm drain
system in Madison Avenue North. Where the existing capacity of the system is insufficient,
the project shall mitigate on-site to match the existing 100-year storm flows leaving the
project site, or, upgrade the storm system to provide the needed capacity as defined below.
The capacity analysis shall include an assessment of all backwater effects on the existing
system up Madison Avenue North. The design storm for capacity analysis is a 25-year storm
Madison Place Final Plat PLN50892 FSUB Page 5 of 5
event. The 25-year hydraulic grade line (HGL) shall be below the rim elevations of all
drainage structures. The 100-year storm event shall be shown to not overtop the crest of
any roadways.
7) A sediment pond shall be provided sized to handle the peak 10-year flow until the time the
storm drain capacity upgrades in Madison Avenue North are performed. Once upgrades are
performed the on-site sediment pond storage requirement may be reduced to the standard
2-year peak flow per the Department of Ecology SWMMWW BMP C241: Temporary
Sediment Pond.
E. Permitting
1) In addition to a clearing and/or grade and fill permit, a right-of-way (ROW) construction
permit will be required prior to any construction activities within the existing right-of-way.
The ROW permit will be subject to separate conditions and bonding requirements.
2) Application for a final plat shall require binding water and sewer availability letters from the
City.
3) Installation of improvements and creation of as-built engineered plans must be completed
prior to approval of final plat. In lieu of completion of those improvements and as-builts
consistent with the conditions of a preliminary plat approval, the City engineer may accept
an assurance device, in an amount and in a form determined by the City, but not to exceed
125 percent of the established cost of completing the infrastructure that secures and
provides for the actual construction and installation of the improvements or the
performance of the conditions within one year, or such additional time as the City engineer
determines is appropriate after final plat approval.
4) The proposed action(s), phased or concurrent, in their totality would result in more than
one (1) acre of earth disturbance on the site and drain to waters of the State. A
Construction Stormwater General Permit shall be obtained from the Washington State
Department of Ecology and the site shall be monitored for discharge of pollutants and
sediment to the wetlands and stream for the duration of the project. No land clearing or
construction permits shall be issued prior to obtaining the State permit.
The City Survey Program Manager finds that the preliminary plat conditions are met and
recommends approval of the final plat.
The City Development Engineer reviewed the final subdivision application for compliance with the
requirements of BIMC 2.16.070, 58.17.160 RCW, City of Bainbridge Island Design and Construction
Standards and Specifications, and the preliminary plat conditions, and finds that the applicant has
successfully developed a portion of the subdivision facilities and improvements in accordance with
the preliminary plat conditions. Remaining improvements are financially assured as provided in
BIMC 2.16.070.N. The Development Engineer finds that the preliminary plat conditions are met and
recommends approval of the final plat.
SUBDIVISIO� PERFORMANCE BOND
BOND NO.: 47K211024
WHEREAS, Madison Place LLC (the "Principal") has applied for approval of a
development known as Madison Place (City File Nos. PLN50892 FSUB and PU50892). 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 bas determined
that a performance bond will adequately protect the interests of the City.
NOW THEREFORE, the undersigned Principal and The Ohio Casualty Insurance
Company, 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 Twenty Five Thousand
Seven Hundred Thirty Eight and 6 9/I00ths Dollars ($125,738.69), 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 IO days the amount necessary, as determined by
the City, for the City Lo 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, with out 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.1
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 Jjtigation 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 22nd day of May, 2020.
PRTNCTPAL: MADTSON PLACE, LLC
Title: Manager
SURETY: THE OHIO CASUALTY INSURANCE COMP ANY
By: Todd M. Lemmon O':r,)
Sigr� �
Title: Attorney-in-Fact
Address: 17771 Cowan Suite 200
Irvine CA 92614
Attachments: Original Surety Power of Attorney
2
.; QI�C
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
The Ohio Casual!) Insurance Compan�
POWER OF ATTORNEY
Surety Bond Numbe r�4�7�K�2=1�1�0=2=4�-----Principal Madison Place LLC Bond Amount ( $125.738 69 )One Hundred T\\ent)-fi' e Thousand Se,•en Hundred Thim -eight Dollars And Sixl)-nme Cents KNOW ALL PERSONS BY THESE PRESENTS: that The Ohio Casualty Insurance Company, a corporation duly organized under the laws of the State of New Hampshire (herein collectively called the "Company"), pursuant lo and by authority herein set forth, does hereby name, constitute and appoin� ..cTc..:od=d..:..M..:....cL::.:e""'m.:.;.mc:.o:;.:n'-------------
all in the city of Poulsbo . state of Washineton each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as tt they have been duly signed by the president and attested by the secretary of the Company in their own proper persons IN WITNESS WHEREOF, this Power of Attorney has been subscnbed by an authorized officer or official of the Company and the corporate seal of the Company has been affixed thereto this� day of September , 2016 . The Ohio Casual!) Insurance Company
David M. Carey, Assistant Secretary -"' STATE OF PENNSYLVANIA :il � COUNTY OF MONTGOMERY ss� 0) � � On this� day of September , �. before me personally appeared David M Carey , who acknowledged himself to be lhe Assistant Secretary of The Ohio � ;; Casualty Insurance Company and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the � _:: corporations by himself as duly authorized officer
QI � );; ] IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written0 � aio 0� C nl... QI -0) Cl)
COMMONWEALTH OF PENNSYLVANIA
NotanalSeal Te"'50 Pastelta Notary Publoc Upoer Meran Twp. Mon1gome,y County , My CommlSSJOn E>cpores March 28 2021
Memoe.1 P� Association or Notaries
By:�Udk Teresa Pastella, Notary Public "' � Cl GI 5 .E This Power of Attorney is made and executed pursuant to and by authority of the following By-law and Authorizations of The Ohio Casualty Insurance Company, which is now in full E ai force and effect reading as follows ..... 0 "' -.. 'O ARTICLE IV-OFFICERS-Section 12 Power of Attorney. Any officer or other offiCl81 of the Corporabon authorized for that purpose in writing by the Chairman or the Pres1den� and ·;;; � subject to such limitation as the Chairman or the President may prescribe. shall appoint such attorneys-in-fa� as may be necessary to act in behalf of the Corporation to make,_:: � execute, sea l, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Such attorneys-in-fact. subject to the limitations set � :i forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and executed, such instruments shall be as binding as if signed by theuPresident and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time bythe Board, the Chairman, the President or by the officer or officers granbng such power or authorityCertificate of Designation -The President of the Compan y, acting pursuant to the Bylaws of the Company, authorizes David M Carey, Assistant Secretary to appoint suchattorneys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds , recognizancesand other surety obligabonsAuthorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary ofthe Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon theCompany with the same force and effect as though manually affixedI, Renee C. Llewellyn. the undersigned, Assistant Secretary, of The Ohio Casualty Insurance Company do hereby certify that the original power of attorney of which the foregoing is afull, true and correct copy of the Power of Attorney executed by said Company , 1s 1n full force and effect and has nol been revoked.IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Company this _ __;2:..:2_.;n.:.d __ day of ___ _;_Mc.ca ... ,· ____ __;2:..:0:.::2..::.0 __
POAOutputOC
"'7-� By : -=-'-p-u-'�=-'---,---,--,---=---------Renee C Llewellyn, Assistant Secretary
M<D<DN
� co00co >, co "' _'O-Cl)"' Cl)u QI>-c QJ•-c Cl).. ::I o.c =>,<c -"'Oc .. 0Gil:!: (/)�w .!!! E .c Q.-o -M 0 .. �,._ -'O 'O C::n1!: EQI "'.co-oEcici... I; C C QI 8J 0 QI1-.C
MAINTENANCE BOI'H) Bond No. 47K211025
WHEREAS, the City of Bainbridge Island, Washington ("Owner"), and Madison Place LLC,
Principal (or "Property Owner") have entered into a Developer Extension Agreement dated
December 21, 2018, for the construction of water, sewer, and storm and surface water facilities;
and
WHEREAS, on May _15_ , 2020, the Owner accepted the water, sewer, and storm and swface
water facilities and by warranty bill of sale dated May _15__ , 2020, the Principal conveyed the
water, sewer, and storm and surface water facilities to the Owner; and
WHEREAS, the Principal is required under the tenns of the Developer Extension Agreement to
furnish a maintenance bond for the repair and correction of any defects appearing or developing in
the materials or workmanship of the water, sewer, and storm and surface water facilities
within one year after the date of acceptance of the water, sewer, and storm and swface water
facilities by the Owner;
NOW, THEREFORE, the Principal and The Ohio Casualty Insurance Company ("Surety") are
held and firmly bound unto the Owner in the penal sum of Thirty Two Thousand Eight Hundred
Eighty Nine and 80/1 00ths Dollars ($32,889.80) for the payment of which sum the Principal and
Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly
and severally.
THE CONDITIO� OF TIDS OBLIGATION IS SUCH that if the Principal, its heirs,
executors, administrators, successors, or assigns shall repair and correct any defects appearing or
developing in the materials or workmanship provided in the construction and installation of the
water, sewer, and storm and surface water facilities within a period of one year after the date of
acceptance of the water, sewer, and storm and surface water facilities by the Owner, and shall
indemnify and bold bannless the Owner from any damages or expenses by reason of the failure of
such performance, then this obligation shall become null and void; otherwise, it shall remain in
full force and effect, and if suit is brought on this bond, the Principal and Surety will pay to
the Owner such reasonable attorneys' fees as shall be fixed by the court.
An original notarized power of attorney for the surety's officer signing this bond must be
attached to this bond verifying the authority of that person to execute this bond on behalf of the
surety.
SIGNED, SEALED, A. �D DA TED this 22nd day of May. 2020
��b1
Signature for Surety
'J odd M. Lemmon, Attorney-in-Fact
Title of Sign atory Title of Sign atory
ui Ql 2 C
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
The Ohio Casual!) Insurance Cornpan)
POWER OF ATTORNEY
Surety Bond Number�4�7�K=2�1 �1�0�2=5 ______ Principal: Madison Place LLC
Bond Amount ( $32.889 80 )Th1ny-two Thousand Eight Hundred E1ghty-mne Dol lars And EightY Cents
KNOW ALL PERSONS BY THESE PRESENTS· that The Ohio Casualty Insurance Company, a corporation duly organized under the laws of the Stale of New Hampshire {herein
collectively called the "Company"), pursuant to and by authonty herein set forth, does hereby name, constitute and appoml, _T""od"""d""'M""'-'Lc..ceccm""m"'oc.cn'-------------
all in the city of Poulsbo , slate of Washm!!ton each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute ,
seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of
these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Company in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of the Company has been affixed thereto this� day of September , ..1Q!£_
The Ohio Casuall) Insurance Compan)
.,M7
David M. Carey, Assistant Secretary
� � STATE OF PENNSYLVANIA ss :g � COUNTY OF MONTGOMERY
� C,
� � On this� day of September , �. before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of The Ohio
� ii Casualty Insurance Company and that he, as such, being authorized so to do, execute the foregomg instrument for the purposes therein contained by signing on behalf of the
� � corporations by himself as duly authorized officer
Ql � g] IN WITNESS WHEREOF , I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
0�
CD o0� C <'ll . ...
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COMMONWEALTH OF PENNSYLVANIA
Nolanal Seal Teresa Paslella, Nolaf)' P\lblte Upper Menon Twp .. Momgome,y CooJnly My Coffwn1:1,saon E.Jtp:res Maren 28.2021
Member, PerrcsytvaocaMSOClltlon or Notaries
By:��
Teresa Pastella, Notary Public
t:.! o .: This Power of Attorney is made and executed pursuant to and by authority of the following By-law and Authorizations of The Ohio Casualty Insurance Company, which is now in full
E CD force and effect reading as follows· ......0.,,
:; ... ARTICLE IV -OFFICERS-Section 12. Power of Attorney Any officer or other official of the Corporation authonzed for that purpose in wnting by the Chairman or the Presidenl and ·;;; g subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys�n-fact. as may be necessary to act in behalf of the Corporation to make,! � execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys�n-fact, subject lo the llmitalions set
� ::, forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and executed, such instruments shall be as binding as if signed by the
"' President and attested to by the Secretary Any power or authority granted to any representative or attorney-in-fact under the provisions of this artide may be revoked at any time by
the Board, the Chairman, the President or by the officer or officers granbng such power or authority.
Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary lo appoint such
attomeys-in-facl as may be necessary to act on behalf of the Company lo make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances
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Company with the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, of The Ohio Casualty Insurance Company do hereby certify that the original power of attorney of which the foregoing is a
full, true and correct copy of the Power of Attorney executed by said Company, is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Company this __ 2_2_n_d __ day of ____ M�av�---___ 2_0_20 __
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Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Madison Place HDDP and Preliminary Plat, No. PLN 50892 SUB
Page 1 of 23
THE HEARING EXAMINER
FOR THE CITY OF BAINBRIDGE ISLAND
In the Matter of the Application of ) No. PLN 50892 SUB
)
David Smith, Central Highlands, Inc. ) Madison Place Housing Design
) Demonstration Project Subdivision
)
) FINDINGS, CONCLUSIONS,
For Approval of a Preliminary Plat ) AND DECISION
SUMMARY OF DECISION
The request for a preliminary plat to subdivide a lot totaling 0.82 acres into 18 lots, as a Tier 1
Housing Design Demonstration Project , at 671 Madison Avenue North is APPROVED.
Conditions are necessary to mitigate specific impacts of the proposed development.
SUMMARY OF RECORD
Hearing:
The Hearing Examiner held an open record hearing on the request on July 11, 2018. The record
was held open until noon, July 13, 2018, to receive additional material from Mr. Gilmore and
Mr. Corelis.1
Testimony:
The following individuals testified under oath at the open record hearing:
Kelly Tayara, City Associate Planner
Peter Corelis, P.E., City Development Engineer
Sanjay Bhatt
Susannah Arntson
Jim Gilmore
David Smith, Applicant
Attorney Hayes Gori represented the Applicant .
Exhibits:
The following exhibits were admitted into the record:
1. [Revised] Staff Recommendation, dated July 2, 2018
2. Preliminary Plat maps
a. Preliminary Plat (Sheet 1 of 4), dated August 23, 2017
b. Preliminary Plat (Sheet 2 of 4), dated August 23, 2017
1 Additional public comment received after the close of the hearing, at noon on July 13, was not admitted into
the record.
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Madison Place HDDP and Preliminary Plat, No. PLN 50892 SUB
Page 2 of 23
c. Existing Conditions (Sheet 3 of 4), dated August 23, 2017
d. Lot Details (Sheet 4 of 4), dated May 9, 2018, with enlarged sheet
3. Preliminary Utility Plan (Sheet C1, 1 of 2), dated September 23, 2017
4. Preliminary Utility Report, Seabold Engineering, LLC, dated August 24, 2017
5. Landscape Plan, revised August 18, 2017
6. Traffic Impact Analysis, Heath & Associates, Inc., dated March 2018
7. Letter from Bruce McMullin to Barry Keenan, Arborist Report, dated September 15,
2016
8. Geotechnical Report , Terra Associates, Inc., dated December 13, 2016
9. Plat of Madison Place Lot Closures, dated August 21, 2017
10. Subdivision Guarantee (No. 5003353-0001948e), dated August 18, 2017
11. Open Space Management Plan, dated August 24, 2017
12. SEPA Checklist , dated April 20, 2017, with Staff Responses
13. Master Land Use Application, received September 19, 2017
14. Ordinance 2018-04, Duane Lane Right -of-Way Vacation, effective date March 6, 2018
15. Public Benefit, Development and Permit Processing Agreement (Ohrt, CCHD, Mattis,
and City), dated March 15, 2018
16. Public Benefit, Development and Permit Processing Agreement (Central Highlands,
Wallace, Madison, and City), dated March 16, 2018
17. Madison Avenue Access Agreement , dated March 16, 2018
18. Developer Agreement Map, undated
19. Housing Design Demonstration Projects
a. COBI 2.16.020
b. Table 2.16.020.Q-1: Housing Design Demonstration Pro ject Scoring System
c. Table 2.16.020.Q-2 Housing Diversity Scoring Method
d. Table 2.16.020.Q-3 Innovative Site Development Scoring Method
20. Pre-application summary
a. Letter from Kelly Tayara to Madison Place LLC/David Smith, dated August 17,
2017
b. Pre-application Conference Summary, dated August 3, 2017
21. HDDP material
a. Madison Place – Vision Statement, undated
b. Madison Place – Site Plan (Sheet A-1), dated August 24, 2017
c. Email from Nicholas Smith to Kelly Tayara, dated May 7, 2018, with email string
d. Table 2.16.020.Q-3 Innovative Site Development Scoring Method
22. Table 2.16.020.Q-3 Innovative Site Development Scoring Method
23. Memo from Assistant Chief Luke Carpenter, Fire Marshal, to Kelly Tayara, dated
November 3, 2017
24. Memorandum from Peter Corelis, P.E., Development Engineer, to Kelly Tayara, dated
April 19, 2018
25. Public notice
a. Notice of Application/SEPA Comment Period, dated December 22, 2017
b. Certificate of Posting, dated April 25, 2018
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Madison Place HDDP and Preliminary Plat, No. PLN 50892 SUB
Page 3 of 23
c. Notice of Mitigated Det ermination of Nonsignificance (MDNS), dated April 24,
2018
d. Notice of Public Hearing, publication date April 27, 2018, with Declaration of
Mailing, dated May 13, 2018
e. Revised Notice of Application/SEPA Comment Period, dated May 25, 2018
26. Public comment
a. Email from James Gilmore to Kelly Tayara, dated June 26, 2017, with email
string
27. Planning Commission Regular Meeting Minutes, dated April 26, 2018
28. Staff Recommendation, dated May 9, 2018
29. Island Wide Traffic Study <https://www.bainbridgewa.gov/708/Island-wide-
Transportation-Plan-IWTP-Upd>
30. Email from James Gilmore to Kelly Tayara, dated July 11, 2018
31. Memorandum from Peter Corelis to Ted Hunter, Hearing Examiner, dated July 12, 2018
The Hearing Examiner enters the following findings and conclusions based upon the testimony
at the open record hearing and admitted exhibits:
FINDINGS
Application and Notice
1. David Smith, Central Highlands, Inc. (Applicant), requests preliminary plat approval to
subdivide a lot totaling 0.82 acres into 18 lots, as a Tier II Housing Design
Demonstration Project.2 The development is located at 671 Madison Avenue North.3
Exhibit 1, Staff Recommendation, page 1; Exhibit 2; Exhibit 3; Exhibit 5; Exhibit 13.
2. City Planner Kelly Tayara testified that the Cit y of Bainbridge Island (City) determined
the application was complete on October 17, 2017. She testified that, since this date, the
City has adopted a Landmark Tree Ordinance, as well as a building moratorium, which
do not apply to this application because the City determined the application had vested
prior to adoption of these codes. The City issued a combined Notice of
Application/SEPA Comment Period on December 22, 2017, with a comment deadline of
January 5, 2018.
The Planning Commission held a public meeting on April 26, 2018. The Planning
Commission rejected a motion that the staff recommendation conditions and City
2 The proposed project is one of a group of developments that are the subject of four agreements between the
City and two developers. In addition to Madison Place, the agreements involve Madison Grove, Wallace
Cottages, The Reserve at Winslow, the Winslow Grove (all subdivisions), and Madison Landing (a multifamily
project). Exhibit 1, Staff Recommendation, page 1.
3 The application identifies the property by Tax Assessor Parcel No. 272502-1-060-2009. Exhibit 13. A
legal description of the property is provided on the preliminary plat map. Exhibit 2.b.
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Madison Place HDDP and Preliminary Plat, No. PLN 50892 SUB
Page 4 of 23
Engineering Report be “observed religiously” by the project developers. The Planning
Commission then passed unanimously a motion fo r the developer to rearrange the
duplexes on lots 16, 17, and 18 and to use the northwest open space as a building area.
Because some properties were inadvertently omitted from the original comment period,
the City issued a combined Notice of Applicatio n/SEPA Comment Period on May 25,
2018, with a comment period deadline of June 8, 2018. The notice listed a tentative
hearing date of June 27, 2018, and referenced the City website for updated information.
Ms. Tayara testified that proper notice was given by posting, publication, and mailing.
Exhibit 1, Staff Recommendation, pages 5 and 16; Exhibit 13; Exhibit 25; Exhibit 27;
Testimony of Ms. Tayara.
3. The City identified 26 comments and prepared a comment summary with staff responses.
Ms. Tayara referenced a map of the area (Exhibit 18) to show that this application is part
of a Development Agreement for a number of development proposals in the area. She
testified that most public comments received opposed all the projects due to increased
traffic and lo ss of open space and trees. Exhibit 1, Staff Recommendation, pages 6
through 10; Exhibit 26; Testimony of Ms. Tayara.
State Environmental Policy Act
4. The City acted as lead agency and analyzed the environmental impacts of the proposal, as
required by the State Environmental Policy Act (SEPA), Chapter 43.21C Revised Code
of Washington (RCW). The City reviewed the Applicant’s environmental checklist and
other information on file and determined that the proposal would not have a probable
significant adverse impact on the environment. The Applicant’s Environmental Checklist
did not identify any birds or other animals as observed or known to be on or near the site.
No threatened or endangered species are known to be on or near the site . No critical
areas, such as wetlands or steep slopes, were identified. The property is not within the
jurisdiction of the Shoreline Management Act . The City consolidated the SEPA
Determination of Nonsignificance (DNS) and the application comment periods under the
Optional DNS process provided for by the Washington Administrative Code (WAC) 197 -
11-355. The City issued a Notice of Mitigated Determination of Nonsignificance
(MDNS) on April 24, 2018, with a comment and appeal deadline of May 8, 2018. Ms.
Tayara testified that, because some properties were inadvertently omitted from the
original comment period, the City mailed, posted, and published a Revised Notice of
Application/SEPA Comment Period on May 25, 2018, with a comment deadline of June
8, 2018. The City issued a Mit igated Determination of Nonsignificance (MDNS) with a
condition requiring review of the existing residence by the Historic Preservation
Committee. The MDNS was not appealed. Exhibit 1, Staff Recommendation, pages 5,
19, and 21; Exhibit 12; Exhibit 25; Testimony of Ms. Tayara.
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Madison Place HDDP and Preliminary Plat, No. PLN 50892 SUB
Page 5 of 23
Comprehensive Plan and Zoning
5. The property is designated Mixed Use Town Center -Madison Overlay District (MUTC-
MAD), under the City Comprehensive Plan, and within the Winslow Master Plan
Secondary Study Area. City staff identified Comprehensive Plan goals and policies that
are relevant to the proposal: Land Use Element Goal LU-5, to focus urban development
in designated centers; Policy LU-6.2, to promote dense residential and commercial
development and encourage human activity within Winslow; Goal LU-6, to ensure a
development pattern that reduces the conversion of undeveloped land into sprawling
development ; and Winslow Town Center Goal LU -7 and Policy LU 7.5, which provide
that Winslow mixed use and commercial districts are designed to strengthen the vitality
of downtown Winslow. The Mixed Use Town Center (MUTC) is intended to have a
strong residential component to encourage a lively community during the day and at
night. The purpose of the Madison Avenue Overlay District is to provide for a mix of
residential and small-scale, non-residential development. City staff also identified
Winslow Master Plan Overall Land Use Goal WMP 2-1, to strengthen Winslow as a
sustainable, affordable, diverse, livable, and economically vital community; Goal WMP
2-2, to ensure compatibility of new development in the MUTC; and WMP 2-3, to
maintain and enhance community character in the MUTC.4 Exhibit 1, Staff
Recommendation, pages 3 through 5.
6. The property is located in the City’s Mixed Use Town Center-Madison Avenue Overlay
District (MUTC-MA). The purpose of the Mixed Use Town Center zone is to implement
the Mixed Use Town Center sections of the comprehensive plan. The Mixed Use Town
Center should strengthen the vitality of downtown Winslow as a place for people to live,
shop, and work, to provide a strong residential component and to encourage a lively
community during both the day and night. Bainbridge Island Municipal Code (BIMC)
18.06.030.A. The purpose of the Madison Avenue (MA) overlay district is to provide for
a mix of residential and small-scale nonresidential development. Within the Madison
Avenue overlay district, all retail and office development shall include a residential
component. Retail development is permitted only on the ground floor. Residential
development is only required for buildings greater than one story in height. BIMC
18.06.030.A.3. All single-family residential subdivisions are subject to design under the
City’s Flexible Lot design requirements in Titles 17 and 18 BIMC. The City determined
that the proposal is subject to the City’s Open Space Standards (BIMC 17.12.030),
General Residential Subdivision Standard (BMC 17.12.040), and Flexible Lot
Dimensional Standards (BIMC Table 18.12.020-1). BIMC 2.16.020.Q provides that
development standards in Titles 17 and 18 BIMC may be modified as part of a Housing
Design Demonstration Project (HDDP). Single-family use is permitted in the Mixed Use
Town Center only through the HDDP Program. With the exception of properties to the
4 City staff further identified the following relevant Winslow Master Plan Overall Land Use Goal Policies:
Policy WMP2-2.1, 2-2.3, 2-3.1, 2-3.2, 2-3.3, 2-3.5, and 2-3.6. Exhibit 1, Staff Recommendations, pages 4
and 5.
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Madison Place HDDP and Preliminary Plat, No. PLN 50892 SUB
Page 6 of 23
west within the Urban Comprehensive Plan designation and the R-4.3 zone, the
remaining surrounding properties are also designated MUTC-MAD and zoned MUTC-
MA. Exhibit 1, Staff Recommendation, pages, 2, 11, and 13.
7. The purpose of the HDDP is to allow the development of housing design demonstration
projects that increase the variety of housing choices available to residents across
underserved portions of the socio -economic spectrum, and to promote compact, low-
impact development where it is most appropriate. Further, its purpose is to encourage
high quality and innovation in building design, site development, and “green” building
practices. The goals of this program are to increase the housing supply and the choice of
housing styles available in t he community; to promote socio -economic diversity by
adding to the stock of income-qualified housing; to encourage development of smaller
homes, at reasonable prices, in neighborhoods attractive to a mix of income and age
levels; and to demonstrate that innovative design and building techniques (conserving
water and energy, using sustainably sourced materials, limiting environmental impacts)
are compatible with market considerations. BIMC 2.16.020.Q. Exhibit 1, Staff
Recommendation, pages 15 through 18.
8. Under the HDDP, the Applicant seeks relief from use, setback, lot coverage, and open
space requirements that may otherwise apply under City codes. City staff determined
that the open space requirements in BIMC 17.12.030 would be modified by HDDP
incentives, which require that the project integrate at least 50 square feet of open space
per unit in the MUTC zone. BIMC 2.16.l020.Q.6.c. The proposed plat depicts 2,834
square feet of open space, approximately 157 square feet per unit . This meets the City’s
open space requirements, as modified by the HDDP program. City staff prepared a table
setting out the Mixed Use Town Center District dimensional standards from BIMC Table
18.12.020-3 and a compliance evaluation for the proposed project. Standard right-of-way
width would be modified to reduce impervious surface area and to provide flexibility to
meet HDDP goals. Four of the proposed units would have ground-floor garages. Bonus
height is provided for under-building parking up to 35 feet, which would be ver ified
during building permit review. Additional floor area ratio is also available. City staff
prepared a table based on BIMC Table 18.12.020-3, “Dimensional Standards for Mixed
Use Town Center,” showing that the HDDP program allows for the proposed lot
coverage of up to 40 percent , compared to the dimensional standard of 35 percent.
Interior subdivision setbacks would be a minimum of zero feet; building to exterior
subdivision boundary line setbacks would be five feet; and building to right -of-way
would be 10 feet and depicted on the final plat. Exhibit 1, Staff Recommendation, pages
11, 13, and 22.
9. A Tier 1 HDDP project must achieve LEED Silver, BuiltGreen 4, or Evergreen
Sustainable Development certification and must achieve at least 14 points in the
Innovative Site Development category. The City applied BIMC Table 2.16.020.Q-3,
Innovative Site Development Scoring Method, and determined that the proposed
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Madison Place HDDP and Preliminary Plat, No. PLN 50892 SUB
Page 7 of 23
development would exceed 14 points. Homes must also achieve at least four points in the
Housing Diversity category and must be limited to 1,600 square feet. The City
determined that the project would exceed Housing Diversity requirements by providing
18 residences in three size ranges: two residences of 1,001 to 1,200 square feet; 14
residences of 1,201 to 1,400 square feet; and two residences of 1,401 to 1,600 square feet.
Four different unit types would be provided, including single-family homes, duplexes,
age-in-place homes, and townhomes. Exhibit 1, Staff Recommendation, pages 16
through 18; Exhibit 19.d; Exhibit 21.d; Exhibit 22.
Existing Site
10. The 0.82-acre rectangular site, running east/west, contains an existing single-family
residence, constructed in 1953, and a driveway. The property is vegetated with grass,
shrubs, and trees. The western third of the site is predominately wooded with Douglas fir
and cedar trees. The land slopes evenly at about a 5 percent grade from northwest to
southeast. The USDA Natural Resources Conservation Service maps the site as
containing Kitsap silt loam for the eastern two-thirds and Kapowsin gravely ashy loam
for the western third of the site. Exhibit 1, Staff Recommendation, page 2; Exhibit 4.
Access, Parking, and Traffic
11. Madison Avenue North would provide access to the proposed subdivision with a road,
going west, named NE Alexander Court on the preliminary plat map. A Fire Department
hammer-head turnaround is located between Lots 14 and 15. Two parking spaces per
dwelling unit are required. The Applicant would provide eight under-building parking
spaces and 28 surface driveways for a total of two spaces per lot. The property is located
between one-half to one mile from a ferry terminal. Exhibit 1, Staff Recommendation,
page 14; Exhibit 2.d.
12. The City denied the Applicant’s request for construction of a privately owned and
maintained road within the proposed plat within a 30-foot easement. City Development
Engineer Peter Corelis reviewed the proposed road and access and determined that, with
recommended conditions, they would comply with City standards. The proposed plat
would be served by a local-access, urban public road. The road must provide two nine-
foot travel lanes for two -way traffic circulation, with one-foot gutter pans and vertical
curbs to provide a clear curb-to-curb distance of 20 feet. Sidewalks would be provided
on one side with a minimum three-foot wide planter strip. Sidewalks would connect to
Madison Avenue North, consistent with the Island-Wide Transportation Plan. A
minimum of 20 feet of right -of-way would be dedicated to the City to provide a
combined 40-foot right-of-way and easement dedication for access and utilities. Sight-
distance requirements would be met for outbound turns to Madison Avenue North.
Exhibit 1, Staff Recommendation, pages 12, 16, and 23; Exhibit 6; Exhibit 24.
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Madison Place HDDP and Preliminary Plat, No. PLN 50892 SUB
Page 8 of 23
13. Heath & Associates, Inc., prepared a Traffic Impact Analysis (TIA) for the Applicant,
dated March 2018. The TIA identified the level of service (LOS)5 at the intersections of
Madison Avenue North and NE High School Road, Knechtel Way NE and Wyatt Way
NW/NE as LOS C or better. Based on 17 dwelling units (18 new lots, less one existing
residence), there would be a 160 average weekday daily traffic count, 13 AM peak-hour
trips, and 17 PM peak-hour trips. The TIS noted that the 2017 to 2022 C ity Capital
Improvement Program includes plans to reconstruct and improve the existing Wyatt Way
segment from Madison Avenue North to Lovell Avenue using either signalization or a
roundabout at the Wyatt Way/Madison Avenue North intersection. The City staff
recommendation did not identify any traffic impact mitigation fees. The TIA estimated
traffic impact fees for 17 net new dwelling units at $27,751.99. Exhibit 1, Staff
Recommendation; Exhibit 6.
14. Kitsap Transit Routes 90 and 99 offer stops at the intersection of Knechtel Way
NE/Madison Avenue North, just north of the proposed subdivision. In addition, the
Bainbridge Island Ferry Terminal is less than a mile southeast from the site. Exhibit 6.
Trees, Landscaping, and Open Space
15. The City determined t hat tree-unit requirements apply to all development within the
Mixed Use Town Center zone. BIMC 18.15.010. A development parcel requires at least
40 tree units per acre. BIMC 18.15.040.G.4. At the recommendation of the Planning
Commission, the open space area was reconfigured to retain more trees. The Applicant
would retain over 50 tree units, which would exceed the tree-unit requirements. The
Applicant submitted an arborist report with an assessment of tree health. The Applicant
would identify areas of prohibited disturbance areas and protective fencing locations as
part of final civil plans for construction. The Applicant would fence open space
boundaries common to Lots 1 and 11. Exhibit 1, Staff Recommendation, pages 14 and
21.
16. The Applicant provided a landscape plan depicting street trees and a planting plan.
Landscaping would be provided along Madison Avenue North. The Applicant submitted
an Open Space Management Plan (OSMP). The Application would record a final OSPM
with the final plat, and the OSMP would be referenced on the face of the plat. Exhibit 5;
Exhibit 11.
17. Ms. Tayara testified that proposed Condition 7 concerning open space fencing should be
amended to comply with Chapter BIMC 17.12.030.A.8. Testimony of Ms. Tayara
5 Capacity analysis is used to determine level of service (LOS), which is an established measure of congestion
for transportation facilities. The range for intersection level of service is LOS A to LOS F with the former
indicating the best operating conditions with low control delays and the latter indicating the worst conditions
with heavy control delays. Exhibit 6.
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Madison Place HDDP and Preliminary Plat, No. PLN 50892 SUB
Page 9 of 23
Stormwater
18. The Applicant submitted a Geotechnical Report (GR), prepared by Terra Associates, Inc.,
dated December 13, 2016. The GR found minimal risk for earthquake liquefaction and
no landslide hazard areas or erosion hazard. Native till-like soils composed of silty sand
characteristically exhibit low permeability and are not suitable for discharge of
development stormwater using infiltration/retention facilities. The GR made
recommendations for site preparation and grading, excavation, foundation support, floor
slab-on-grade, drainage, utilities, and pavement. Exhibit 8.
19. The Applicant submitted a Preliminary Utility Report, prepared by Seabold Engineering ,
LLC, dated August 24, 2017. A small amount of land drains, uncontrolled, toward the
property from a residential parcel to the west. Madison Courtyards is located along the
north property boundary and collects most surface water runoff and conveys it to a storm
drain system in Madison Avenue North. The property is part of a large drainage basin
tributar y to the Madison Avenue North storm drainage system within the Kitsap Water
Resource Inventory Area (WRIA 15), which eventually discharges near the shoreline of
Eagle Harbor. The Applicant proposes a storm drainage collection system for the new
hard surface areas, consisting of driveway, roof downspout , and footing drain collection
systems, and surface water collection. Water quality treatment would be provided
through a combination of bioretention systems of bioretention swales and catch basin
filter inserts. Stormwater is proposed to be kept on-site to the extent feasible, although
on-site soils are poor for infiltration. The City has required that the Applicant provide
stormwater treatment control per the minimum requirement of No. 6 of the 2014
Department of Ecology Stormwater Management Manual for Western Washington for
pollutant generating hard surfaces (PGHS) and that alternative PGHS treatment control
may be provided through other means. A detailed erosion and sediment control plan
would be developed. Mr. Corelis reviewed the proposal and determined the proposal
would meet the City’s drainage regulations found in Chapters 15.20 and 15.21 BIMC.
Exhibit 1, Staff Recommendation, page 23; Exhibit 4; Exhibit 24.
20. The Applicant would submit a Stormwat er Pollution Prevention Plan prepared by a civil
engineer, licensed in the State of Washington, prior to construction activities including
clearing, grading, and civil improvements for all phases of the project. The Applicant
would also submit a final sto rmwater report. Prior to final plat submittal, the Applicant
would submit an operation and maintenance plan for the on-going maintenance of the
storm drainage system. The on-site stormwater facilities would be privately owned and
maintained. The Applicant would provide a sediment pond to handle the peak 10-year
flow until storm drain capacity upgrades in Madison Avenue North are performed. The
Applicant would obtain Construction Stormwater General Permit from the Washington
Department of Ecology before any land clearing or construction permits are issued.
Exhibit 1, Staff Recommendation, pages 23 and 24.
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Madison Place HDDP and Preliminary Plat, No. PLN 50892 SUB
Page 10 of 23
Utilities
21. Fire Marshal and Assistant Bainbridge Fire Department Chief Luke Carpenter provided
comments on the proposal, dated November 3, 2017. He noted that, if any fire area of the
townhouse units and the live/work units exceeds 5,000 square feet, residential fire
sprinklers would be required. He stated that the hammerhead area should be clearly
marked as NO PARKING – FIRE LANE and that the access road must be named, with
all lot addresses assigned off that name. Exhibit 1, Staff Recommendation, pages 3, 5,
and 23; Exhibit 23.
22. The City has sufficient capacity to serve the plat with water and sewage service. A 12-
inch water main is located in Madison Avenue North near the eastern edge of the road. A
new eight -inch water main extending into the project would provide water to each
residential unit. The existing residence has a sewer service stub connected to an eight -
inch sewer main located in Madison Avenue North. The Applicant would extend a sewer
main west from Madison Avenue North to provide sewer service to each proposed
residence. The Applicant would obtain binding water and sewer availability letters from
the City prior to applicatio n for a final plat. The City of Bainbridge Island Police
Department would provide police protection. Exhibit 1, Staff Recommendation, pages 3,
20, and 24; Exhibit 24.
Schools and Parks
23. The Bainbridge Island School District would serve the proposed subdivision, but did not
provide any comments. The Applicant would construct an internal sidewalk system to
the existing sidewalk located on Madison Avenue North. Exhibit 1, Staff
Recommendation, page 23; Exhibit 5.
Archaeological Resources
24. The Applicant would stop excavation or construction should any historical or
archaeological artifacts be uncovered and would immediately contact the City
Department of Planning and Community Development, and the Washington State Office
of Archaeology and Historic Preservat ion. Exhibit 1, Staff Recommendation, page 21.
Design Review
25. The project is subject to the City’s “Design Guidelines for Mixed Use Town Center and
High School Road Districts,” including “Guidelines Applicable to All Overlay Districts,”
and “Guidelines Applicable to the Madison Avenue Overlay District.” The City
identified the following applicable guidelines:
Site Design, including providing outdoor public use facilities near o r visible from
sidewalks, a children’s play area, exterior lighting with shields and no taller than
14 feet, and trash containers shielded from view. Landscaped front setbacks are
encouraged along Madison Avenue North.
Building Design, including buildings with a visually distinct base and cap, varied
building materials and patterns, modulated building elevations, prominent
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Madison Place HDDP and Preliminary Plat, No. PLN 50892 SUB
Page 11 of 23
principal entrances, concealed rooftop mechanical equipment, and buildings with
pitched roofs at ratios of at least 4:12 (inches of vertical rise to the horizontal
span) and no more than 12:12.
The proposal provides common open space and landscaping along Madison Avenue
North. Compliance with these design guidelines would be determined by City planning
staff at the building permit stage. Exhibit 1, Staff Recommendation, page 15.
26. The HDDP project was reviewed by the City’s Design Review Board at the conceptual
plan stage to provide advisory comments. The comments included a recommendation for
increased landscaping and open space. The Applicant subsequently applied for and
received from the City deviations from road standards to provide a narrowed roadway
and increased communal open space. The Planning Commission also reviewed the
project and recommended approval, provided that lots are adjusted to provide more open
space and to retain more trees in the southwest corner of the property. The Applicant
submitted a revised site plan to address these concerns. Exhibit 1, Staff Recommendation,
page 16.
Testimony
27. Several public comments were received at the open record hearing. Sanjay Bhatt testified
as a representative for Madison Avenue Neighborhood Coalition and as a property owner
in the area. He expressed concerns about the City’s environmental review process. He
also expressed concerns about an Island Wide Traffic Study (Exhibit 29) that differs from
the Applicant’s Traffic Impact Analysis (Exhibit 6) in that the traffic counts for the
Applicant are lower than those in the City’s study. He expressed his opinion that the
proposed roundabout will not provide adequate traffic mitigation and that LOS is merely
a measure of traffic volume, but does not address quality of life impacts.
Susannah Arntson testified about her opinion that cumulative impacts of the various
proposals along Madison Avenue should be addressed, given that there are 159 housing
units proposed in three-and-a-half block area, all exiting onto Madison Avenue North.
Jim Gilmore testified with his concern about increased density by noting that the
proposed subdivision is three times the current density. Mr. Gilmore cited a municipal
code provision that, in his opinion, requires the reduction of impacts on property in the
immediate vicinity of a proposed development .6 He also provided information that he
stated showed that the Applicant’s tree report was inaccurate; he requested that it be
redone. Exhibit 6; Exhibit 29; Testimony of Mr. Bhatt, Ms. Arntson, and Mr. Gilmore.
28. Applicant David Smith testified in response to public comment. He stated that the
6 Mr. Gilmore provided an email after the hearing at the request of the Hearing Examiner that identified the
ordinance as BIMC 2.16.110.D.1.f. This ordinance applies to review of conditional use permit applications, and
not to review of subdivision proposals. Exhibit 30.
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Madison Place HDDP and Preliminary Plat, No. PLN 50892 SUB
Page 12 of 23
proposed plat was revised to meet the recommendations of the City Planning
Commission.7 He testified that the cumulative impacts of all the projects proposed in the
area were considered and that any increase in traffic would be less with the proposed
developments, when compared to what could be developed on the properties, because
residents will be able walk to neighboring shops and the ferry. He testified to his opinion
that increased density is mandated by the Growth Management Act. Testimony of Mr.
Smith.
Hayes Gori, Attorney for the Applicant , stated that the City had fixed the notice problem
and gave the public an opportunity to appeal the environmental threshold determination
twice, but that it was not appealed. He noted that the Comprehensive Plan requires that
density be maximized in the urban core. Statements of Mr. Gori.
29. Ms. Tayara testified that BIMC 18.15.010 requires retention of trees, measured by tree
units saved. With increased open space as proposed by the Applicant , she testified that
more trees would be retained than required by City code. She testified that she did not
find any irregularities with the arborist report on tree retention and that, in her opinion,
the City could rely on it.
Mr. Corelis testified about his opinion that the TIA prepared by the Applicant’s
consultant for the project is accurat e, even though the traffic numbers are lower than in
the Island-wide study. He provided a memorandum after the hearing at the request of the
Hearing Examiner, addressing the differences in traffic data counts, at the Madison
Avenue North / Wyatt Way NW intersection, between the 2017 TIA and the 2014 Island
Wide Transportation Plan (IWTP). In summary, he stated that the 2017 morning total
traffic volume and morning peak-hour traffic volumes increased by 2.6 and 3.4 percent ,
respectively, compared to 2014, and that the 2017 evening total traffic volume and 2017
evening peak-hour traffic volume decreased by 3.1 and 10.4 percent , respectively,
compared to 2014. Mr. Corelis determined that the morning increase was consistent with
a growth rate of 0.97 percent. He determined that the evening commute traffic decrease
between 2014 and 2017 is not significant given seasonal variability from summer to
winter months and other factors, like events in the area such as school activities. He
stated that a decrease of 10.4 percent during the PM peak-hour is likely a result of the
traffic pattern being more evenly distributed through the peak commute hours. In
addition, he stated that the 2014 summer PM data would show more congestion than the
2017 winter PM data due to elevated pedestrian and bicycle traffic that occurs during
summer months. The memorandum states that the LOS E in the 2014 report compared to
LOS C in the 2017 report can “partially be attributed to the reduction in total vehicles,
but most importantly the . . . flattening of the traffic distribution cure with trips more
evenly spaced resulting in fewer delays.” Exhibit 30; Testimony of Ms. Tayara;
Testimony of Mr. Corelis.
7 See Finding 2.
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Madison Place HDDP and Preliminary Plat, No. PLN 50892 SUB
Page 13 of 23
Staff Recommendation
30. The City Development Engineer reviewed the proposal and determined that the decision
criteria for subdivisions (including drainage, streets, and pedestrian ways, and the
capacity for water and sewer systems), except for a variation of the road standard,
conforms to the City of Bainbridge Island Engineering Design and Development
Standards Manual. City planning staff determined that the proposed plat, with 12
conditions, would be consistent with the City’s Comprehensive Plan, municipal code, and
development standards and recommended approval of the application. Mr. Gori stated
that the Applicant agrees with the proposed conditions. Exhibit 1, Staff Recommendation,
pages 18 through 24; Exhibit 24; Statement of Mr. Gori.
CONCLUSIONS
Jurisdiction
The Hearing Examiner is granted jurisdiction to hear and decide applications for preliminary
plats under BIMC 2.14.030, and under BIMC 2.16.020.A and .125.G.5. The decision to approve
or deny a housing design demonstration project shall be made as part of the underlying land use
permit review. BIMC 2.16.020.Q.3.e
Criteria for Review
BIMC criteria for subdivision approval are as follows:
The Hearing Examiner’s decision shall include findings of fact that the application meets all the
requirements of the following subsections:
1. The preliminary long subdivision may be approved or approved with
modification if:
a. The applicable subdivision development standards of BIMC Titles
17 and 18 are satisfied; and
b. The preliminary long subdivision makes appropriate provisions for
the public health, safety and general and public use and interest,
including those items listed in RCW 58.17.110; and
c. The preliminary long subdivision has been prepared consistent
with the requirements of the flexible lot design process, unless a
flexible lot standard has been modified as part of a housing design
demonstration project pursuant to BIMC 2.16.020.Q; and
d. Any portion of a long subdivision that contains a critical area, as
defined in Chapter 16.20 BIMC, conforms to all requirements of
that chapter; and
e. Any portion of a long su bdivision within shoreline jurisdiction, as
defined in Chapter 16.12 BIMC, conforms to all requirements of
that chapter; and
f. The city engineer’s recommendation contains determinations that
the following decision criteria are met and such determinations are
supported by substantial evidence within the record:
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Madison Place HDDP and Preliminary Plat, No. PLN 50892 SUB
Page 14 of 23
i. The long subdivision conforms to regulations concerning
drainage in Chapters 15.20 and 15.21 BIMC; and
ii. The long subdivision will not cause an undue burden on the
drainage basin or water quality and will not unreasonably
interfere with the use and enjoyment of properties
downstream; and
iii. The streets and pedestrian ways as proposed align with and
are otherwise coordinated with streets serving adjacent
properties; and
iv. The streets and pedestrian ways as proposed are adequate
to accommodate anticipated traffic; and
v. If the long subdivision will rely on public water or sewer
services, there is capacity in the water or sewer system (as
applicable) to serve the long subdivision, and the applicable
service(s) can be made available at the site; and
vi. The long subdivision conforms to the “City of Bainbridge
Island Engineering Design and Development Standards
Manual,” unless the city engineer has approved a variation
to the road standards in that document based on his or her
determination that the variation meets the purposes of
BIMC Title 17; and
g. The subdivision conforms to the requirements of this chapter and
the standards in the “City of Bainbridge Island Design and
Construction Standards and Specifications,” unless the city
engineer has approved a variation to the road standards in that
document based on his or her determination that the variation
meets the purposes of BIMC Title 17; and
h. The proposal complies with all applicable provisions of this code,
unless the provisions have been modified as part of a housing
design demonstration project pursuant to BIMC 2.16.020.Q;
Chapters 36.70A and 58.17 RCW; and all other applicable
provisions of state and federal laws and regulations; a nd
i. The proposal is in accord with the city’s comprehensive plan.
2. A proposed subdivision shall not be approved unless written findings are
made that the public use and interest will be served by the platting of such
subdivision.
BIMC 2.16.125.H.
The decision to approve or deny a housing design demonstration project shall be based upon the
decision criteria of the underlying planning permit, and the decision criteria outlined in
subsection Q.5 of this section.
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Madison Place HDDP and Preliminary Plat, No. PLN 50892 SUB
Page 15 of 23
In addition to decision criteria required by the underlying planning permit or approval, an
application for a housing design demonstration project may be approved if the following criteria
are met:
a. The applicant clearly demonstrates evaluation factors listed in subsection
Q.4 of this section as shown in the housing design demonstration project
scoring system as evaluated by the planning department;
b. The applicant has demonstrated how relief from specific development
standards, including setback reductions, lot coverage and/or design
guidelines, is needed to achieve the desired innovative design and the
goals of this chapter;
c. The project does not adversely impact existing public service levels for
surrounding properties;
d. The project complies with all other portions of the BIMC, exc ept as
modified through this housing design demonstration project process;
e. If a project will be phased, each phase of a proposed project must contain
adequate infrastructure, open space, recreational facilities, landscaping and
all other conditions of the project to stand alone if no other subsequent
phases are developed; and
f. The applicant is meeting required housing diversity standards.
BIMC 2.16.020.Q.5.
In addition, housing design demonstration project approval conditions shall be included in the
final permit approval and shall address any ongoing compliance requirements including
compliance with approved design plans. The City may require that the Applicant record
covenants to ensure ongoing compliance or maintenance for required project components. BIMC
2.16.020.Q.3.e.
The state subdivision criteria, codified at Chapter 58.17 RCW, are as follows:
A proposed subdivision and dedication shall not be approved unless the city,
town, or county legislature body makes written findings that: (a) ap propriate
provisions are made for the public health, safety, and general welfare and for such
open spaces, drainage ways, streets or roads, alleys, other public ways, transit
stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds,
schools and schoolgrounds and all other relevant facts, including sidewalks and
other planning features that assure safe walking conditions for students who only
walk to and from school; and (b) the public use and interest will be served by the
platting of such subdivision and dedication.
RCW 58.17.110(2).
The criteria for review adopted by the City Council are designed to implement the requirement
of Chapter 36.70B RCW to enact the Growth Management Act. In particular, RCW 36.70B.040
mandates that local jurisdictions review proposed development to ensure consistency with City
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Madison Place HDDP and Preliminary Plat, No. PLN 50892 SUB
Page 16 of 23
development regulations, considering the type of land use, the level of development,
infrastructure, and the characteristics of development. RCW 36.70B.040.
Conclusions Based on Findings
1. With conditions, the proposed subdivision would be consistent with Housing Design
Demonstration Projects decision criteria of BIMC 2.16.020.Q. City staff determined
that the Applicant’s proposal exceeds the minimum required scoring for a Type 1HDDP
project. The project would be BuiltGreen 4, with a variety of home sizes, limited to no
more than 1,600 square feet, thereby meeting the HDDP housing diversity standards. By
using the HDDP approach smaller residences can be constructed with relief fr om open
space and setback standards. These would allow better common open space area and
reduced road surface. Adequate access to water, sewage, and other services is available
and would not adversely impact existing public service levels for surrounding properties.
Except for the HDDP project modifications, the proposed project would comply with all
other portions of the BIMC. Conditions are necessary, including those to ensure that the
existing residence is reviewed by the Historic Preservation Commit tee as part of any
demolition permit application; that the project conforms to the HDDP program Tier 1
requirements; that work is stopped if any historical or archaeological artifacts are
uncovered; that a final Open Space Management Plan is recorded with the final plat; that
the final plat complies with Fire Marshal conditions; and that the Applicant complies
with the City Engineer’s conditions. Findings 1-30.
2. With conditions, the applicable subdivision development standards of Titles
17 and 18 BIMC would be satisfied, as modified by the Housing Design
Demonstration Projects decision criteria as described in Conclusion 1. The proposed
subdivision would provide common open space through the HDDP modification. In
addition, standard road right -of-way would be modified to reduce impervious surfaces.
Sidewalks would be provided to connect to Madison Avenue North. The Applicant
would retain over 50 tree units, more than the requirement. Thirty-six parking spaces
would be provided to meet the City’s parking standard. Compliance with design
guidelines would be reviewed at the building permit stage by the City planning staff. As
detailed above in Conclusion 1, conditions are necessary to ensure that the proposal
meets all criteria required for plat approval. Findings 1, 6 - 26, 30.
3. With conditions, the preliminary long subdivision makes appropriate provisions for
the public health, safety, and general welfare and serves the public use and interest,
including those items listed in RCW 58.17.110. The City reviewed the proposed
project and issued an MDNS, requiring review by the Historic Preservation Committee as
part of any demolition permit for the existing residence. The MDNS was not appealed.
The Applicant proposes a storm drainage collection system for the new hard surface
areas, consisting of driveway, roof downspout , and footing drain collection systems, and
surface water collection. Water quality treatment would be provided through a
combination of bioretention systems of bioretention swales and catch basin filter inserts.
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Madison Place HDDP and Preliminary Plat, No. PLN 50892 SUB
Page 17 of 23
The City has adequate water and sewer capacity. Access would be provided via Madison
Avenue North by a public internal street. The Bainbridge Island Fire Marshal reviewed
the project and requested that residential fire sprinklers be installed for units exceeding
5,000 square feet; that the hammerhead area be clear marked as NO PARKING – FIRE
LANE; and that the access road be named, with all addresses assigned off that name.
Although the Bainbridge Island School District did not provide comments, the Applicant
would provide internal sidewalks that would connect to Madison Avenue North. As
detailed above in Conclusion 1, conditions are necessary to ensure that the proposal
meets all criteria required for plat approval. Findings 1 - 30.
4. The preliminary proposed subdivision has been prepared consistent with the
requirements of the flexible lot design process. As noted in Conclusion 1, the
proposed subdivision would meet the flexible lot design standards of Chapters 17 and 18.
BIMC. Findings 1 - 30.
5. The City engineer’s recommendation contains determinations that the decision
criteria would be met, with conditions, and such determinations are supported by
substantial evidence within the record. The City’s Development Engineer reviewed
the proposed subdivision and determined that it conforms to regulations for drainage in
Chapters 15.20 and 15.21 BIMC; that the proposed subdivision would not cause an undue
burden on the drainage basin or water quality and will not unreasonably interfere with the
use and enjoyment of properties downstream; that the streets and pedestrian ways, as
proposed, align with and are otherwise coordinated with streets serving adjacent
properties; that the streets and pedestrian ways, as proposed, are adequate to
accommodate anticipated traffic; that there is capacity in the water or sewer system (as
applicable) to serve the proposed subdivision and that the applicable service(s) can be
made available at the site; and that the proposed subdivision conforms to the “City of
Bainbridge Island Engineering Design and Development Standards Manual.” The City
Development Engineer recommended conditions of approval to be included in the
decision on the application. As detailed above in Conclusion 1, conditions are necessary
to ensure that the proposal meets all criteria required for plat approval. Finding 1, 6 - 30.
6. With conditions, the proposal would be in accord with the Comprehensive Plan .
The proposed development would focus development in designated centers and would
meet Winslow Town Center goals and policies, as well as the Winslow Master Plan, by
allowing a HDDP compliant development with common open space, green-building
certification, and landscaping along Madison Avenue North. As detailed above in
Conclusion 1, conditions are necessary to ensure that the proposal meets all criteria
required for plat approval. Finding 5 and 30.
7. With conditions, the public use and interest would be served by the platting of the
subdivision. The City provided reasonable notice and opportunity to comment on the
proposed preliminary plat , as well as notice of the SEPA threshold determination. The
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Madison Place HDDP and Preliminary Plat, No. PLN 50892 SUB
Page 18 of 23
use of the property for a residential subdivision would be compatible with neighboring
land uses that are occupied with housing. The City reviewed the proposed project,
including environmental review under SEPA, and issued an MDNS. The MDNS did not
address traffic impacts, a primary concern expressed in public testimony. Notice of the
MDNS was properly given, and a second opportunity to appeal the MDNS was given, yet
the MDNS was not appealed. Members of the public concerned about traffic impacts
must be vigilant and diligent in review of development proposals that may impact them.
Traffic impacts are addressed during environmental review, as well as during permit
application review. If there is no appeal during environmental review stage, however, of
the City determination that there will be no significant adverse impacts due to increased
traffic, the review of that issue at the permit application review stage is constrained. If
not appealed, the Hearing Examiner must accept the City determination that there will be
no significant adverse impacts due to increased traffic. There are many criteria for
approval that must be reviewed by the Hearing Examiner when deciding whether to
approve a proposed plat. One is that there must be appropriate provisions for streets and
roads, as required by RCW 58.17.110 (2). The evidence provided by the City during the
open record hearing is that the existing street system can accommodate increased traffic
associated with the proposed plat. Although there was passionate disagreement with that
evidence expressed during the open record hearing, the evidence does not support a
denial of the plat application.
The Applicant proposes a storm drainage collection system for the new hard surface
areas, consisting of driveway, roof downspout , and footing drain collection systems, and
surface water collection. Water quality treatment would be provided through a
combination of bioretention systems of bioretention swales and catch basin filter inserts.
City staff determined that, with conditions, the proposal would be consistent with all
applicable City, county, and state requirements, including the applicable Comprehensive
Plan, municipal code, and development standards. As detailed above in Conclusion 1,
conditions are necessary to ensure that the proposal meets all criteria required for plat
approval. Findings 1 - 30.
DECISION
Based on the preceding findings and conclusions, the request to subdivide a lot totaling 0.82
acres into 18 lots, as a Tier 1 Housing Design Demonstration Project , at 671 Madison Avenue
North is APPROVED, with the following conditions:8
SEPA Condition
1. To avoid adverse impact to historic structures, application for demolition permit for the
existing home shall be reviewed by the Historic Preservation Committee.
8 Conditions include both legal requirements applicable to all developments and conditions to mitigate the
specific impacts of this development.
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Madison Place HDDP and Preliminary Plat, No. PLN 50892 SUB
Page 19 of 23
Project Conditions
2. The project must conform to the Housing Design Demonstration Project (HDDP)
program Tier 1 requirements (BIMC 2.16.020.Q).
A. The project must achieve LEED, BuiltGreen 4 or Evergreen Sustainable
certification.
B. The project must provide homes no greater than 1,600 square feet in size.
C. The project must provide at least four unit types and at least two of each unit type.
D. The project must provide at least three unit size ranges and at least two units
within each range.
E. The project shall substantially conform to the Innovative Site Development
category scoring, as determined by staff, and shall provide and maintain the
following:
1) At least five percent of the lot area as open space which is well designed
and integrated part of the project
2) 20 percent or less turf in private yard areas
3) At least 60 percent native or drought -tolerant plants
3. Prior to any co nstruction 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.
4. If any historical or archaeological artifacts are uncovered during exca vation or
construction, work shall immediately stop and the Department of Planning and
Community Development and the Washington State Office of Archaeology and Historic
Preservation shall be immediately notified. Construction shall only continue thereafter in
compliance with the applicable provisions of law.
5. A final Open Space Management Plan (OSMP) shall be recorded with final plat and the
OSMP shall be referenced on the face of the plat. The final OSMP shall meet the
requirements of BIMC 17.12: For storm drainage use within open space, the applicant
shall provide enhanced vegetation so that the facility appears as a natural feature, and the
use shall not adversely affect the function or characteristics of the open space ; All
significant trees within t he open space area shall be considered a valued open space
feature and shall be retained.
6. The open space boundaries common to lots 1 and 11 shall be fenced.
7. Open Space fencing shall be installed on or installation financially assured prior to final
plat approval, and fencing must be maintained in perpetuity and required locations of
fencing shall be noted on the face of the plat, or as required under Chapter 17.12 BIMC.
8. The Applicant for construction shall purchase development rights in conformance with
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Madison Place HDDP and Preliminary Plat, No. PLN 50892 SUB
Page 20 of 23
BIMC 18.12.030 should the floor area exceed the share of the base floor area depicted on
the plat.
9. Lot coverage of 40 percent shall be allocated between the lots as proposed and noted on
the face of the plat, except: The final plat shall reflect a modest reduction in the per-lot
allocation to provide lot coverage for open space buildings (e.g., garden shed, picnic
shelter, and playhouse).
10. The following setbacks shall be noted and depicted on the final plat:
Interior subdivision Minimum 0 feet
Building to exterior subdivision boundary line Minimum 5 feet
Building to right -of-way Minimum 10 feet
11. The final plat shall comply with the following conditions of the Fire Marshal:
A. If the floor area of the units exceeds 5,000 square feet, residential fire sprinklers
will be required.
B. Hammerhead area shall be clearly marked as NO PARKING – FIRE LANE.
C. Access road must be named and all addresses assigned off that name.
12. The Applicant shall comply with the following conditions, to the satisfaction of the City
Engineer:
A. General
1) Survey monumentation shall be provided consistent with the Standards,
Section 8-03.
2) Civil improvement plans ready for construction shall be submitted with an
application for a plat utility permit to COBI for review and approval to
construct all necessary infrastructure serving the divided lots and the
offsite improvements proposed in the Developer Extension Agreement
(DEA) application.
3) Separate clearing and grading permits shall be required concurrently with
the plat utility permit issuance to clear and grade the site.
4) No building permits for the newly created lots will be issued until the
completion of the civil improvements or performance bond ing is
established to cover unfinished work to apply for final plat.
5) As-built civil construction plans stamped by a civil engineer shall be
provided by the Applicant prior to final plat.
B. Facilities Extension
1) The Developer Extension Agreement (DEA) shall be executed at the plat
utilities/civil improvement permitting application phase for the
construction of roads and utilities to be inspected and accepted by the
City.
C. Roads and Utilities
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Madison Place HDDP and Preliminary Plat, No. PLN 50892 SUB
Page 21 of 23
1) The plat shall include storm drainage easements to cover the portions o f
storm drain outside the dedicated Right -of-Way, including the incoming
drain at the northwest corner and the line running parallel to Madison
Avenue North along the southern half of the eastern lot edge.
2) The request to allow construction of a privately o wned and maintained
road within a 30-foot easement serving the development is hereby
DENIED. In accordance with the Standards the plat shall be served by a
local access urban public road standard except as noted: the plat access
road shall provide two (2) 9-foot travel lanes for two -way traffic
circulation, with 1-foot gutter pans and vertical curbs to provide a clear
curb-curb distance of 20 feet . Sidewalks shall be provided on one side
with a minimum 3-foot wide planter strip. A minimum of 20 feet of right-
of-way for the road section and 10-foot easements on either side shall be
dedicated to the City to provide a combined 40 feet of ROW and easement
dedication for access and utilities. A hammerhead turnaround to serve the
dead-end road is approved subject to Fire Department approval.
3) The hammerhead turnaround area including turning radii shall be clearly
marked on the ground to prevent vehicles from obstructing the turnaround
area. Signage shall also be posted indicating NO PARKING – FIRE
LANE per the Fire Department comments.
4) Easement areas flanking the plat road shall require an easement document
to be recorded separate from the plat as they are not within the ROW to be
dedicated on the face of the plat.
D. Stormwater
1) A Stormwater Pollution Prevention P lan (SWPPP) prepared by a civil
engineer licensed in the State of Washington is required prior to
construction activities including clearing or grading or civil improvements
for all phases of the project that complies with BIMC 15.20.
2) A final stormwater report shall be submitted detailing compliance with all
applicable minimum requirements as required by BIMC 15.20, prepared
by a civil engineer licensed in the State of Washington.
3) The findings of the geotechnical report indicate soils on-site are poor for
infiltration, however, the perched groundwater is at 2 to 3 feet below the
ground surface. Treatment Control per minimum requirement no. 6 of the
City’s adopted stormwater manual (the 2014 Department of Ecology
Stormwater Management Manual For Western Washington) for Pollutant
Generating Hard Surfaces (PGHS) shall include permeable
pavement/pervious pavers with an underdrain in a six-inch media layer
meeting the soil suitability criteria listed in the stormwater manual where
seasonal high ground water or an underlying impermeable/low permeable
layer would not create saturated conditions within one foot of the bottom
of the lowest gravel base course. Alternative PGHS treatment control may
be provided through other means consistent with the stormwater manual as
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Madison Place HDDP and Preliminary Plat, No. PLN 50892 SUB
Page 22 of 23
documented in the final stormwater report.
4) Prior to final plat submittal, the Applicant shall submit an operation and
maintenance plan for the on-going maintenance of the storm drainage
system.
5) All on-site stormwater facilities shall remain privately o wned and
maintained. The owner(s) shall be responsible for maintenance of the
storm drainage facilities for this development following construction.
Annual inspection and maintenance reports shall be provided to the City.
A Declaration of Covenant for stormwater system operation and
maintenance will be required to be recorded before final plat submittal.
The approved language for the Declaration of Covenant is found in BIMC
Chapter 15.21, Exhibit A.
6) A hydrologic and hydraulic analysis must be performed to demonstrate
that the future build-out conditions from the site combined with the
existing offsite drainage tributary to the storm drain system will not
exceed the capacity of the existing or proposed storm drain system in
Madison Avenue North. Where the existing capacity of the system is
insufficient, the project shall mitigate on-site to match the existing 100-
year storm flows leaving the project site, or, upgrade the storm system to
provide the needed capacity as defined below.
The capacity analysis shall include an assessment of all backwater effects
on the existing system up Madison Avenue North. The design storm for
capacity analysis is a 25-year storm event. The 25-year hydraulic grade
line (HGL) shall be below the rim elevations of all drainage structures.
The 100-year storm event shall be shown to not overtop the crest of any
roadways.
7) A sediment pond shall be provided sized to handle the peak 10-year flow
until the time the storm drain capacity upgrades in Madison Avenue North
are performed. Once upgrades are performed the on-site sediment pond
storage requirement may be reduced to the standard 2-year peak flow per
the Department of Ecology SWMMWW BMP C241: Temporary
Sediment Pond.
E. Permitting
1) In addition to a clearing and/or grade and fill per mit, a right-of-way
(ROW) construction permit will be required prior to any construction
activities within the existing right -of-way. The ROW permit will be
subject to separate conditions and bonding requirements.
2) Application for a final plat shall require binding water and sewer
availability letters from the City.
3) Installation of improvements and creation of as-built engineered plans
must be completed prior to approval of final plat. In lieu of completion of
those improvements and as-builts consistent with the conditions of a
preliminary plat approval, the City engineer may accept an assurance
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Madison Place HDDP and Preliminary Plat, No. PLN 50892 SUB
Page 23 of 23
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.
4) The proposed action(s), phased or concurrent, in their totality would result
in more than one (1) acre of earth disturbance on the site and drain to
waters of the State. A Construction Stormwater General Permit shall be
obtained from the Washington State Department of Ecology and the site
shall be monitored for discharge of pollutants and sediment to the
wetlands and stream for the duration of the project . No land clearing or
construction permits shall be issued prior to obtaining the State permit.
DECIDED this 25th day of July 2018.
THEODORE PAUL HUNTER
Hearing Examiner
Sound Law Center
Page 1 of 1
Department of Public Works - Engineering
Memorandum
Date: May 26, 2020
To: Kelly Tayara, Senior Planner, COBI Planning and Community
Development
From: Paul Nylund, P.E., Development Engineer, COBI Public Works
Subject: PLN50892 Madison Place HDDP Subdivision PW-DE Recommendation
for Approval
COBI Public Works – Development Engineering has reviewed the above-referenced final
subdivision application for compliance with the requirements of the Bainbridge Island
Municipal Code (BIMC) 2.16.070, Revised Code of Washington (RCW) 58.17.160, the City of
Bainbridge Island Design and Construction Standards and Specifications, and the imposed
conditions on the approved preliminary plat. The applicant/developer has successfully
developed a portion of the subdivision facilities and improvements in accordance with
conditions 3 and 12 of the preliminary plat (Hearing Examiner Decision dated 7/25/2018).
Remaining improvements are under construction and assurance documents pursuant to BIMC
2.16.070.N were required and have been received.
The final subdivision is recommended for APPROVAL.
Page 1 of 8
PUBLIC BENEFIT, DEVELOPMENT AND PERMIT PROCESSING AGREEMENT
(Central Highlands, Wallace, Madison, and City)
THIS PUBLIC BENEFIT, DEVELOPMENT AND PERMIT PROCESSING
AGREEMENT (“Agreement”) is made and entered into by and between the City of Bainbridge
Island, a Washington municipal corporation (“City”), Central Highlands Inc., a Washington
corporation (“Central Highlands”), Wallace Cottages, LLC, a Washington limited liability
company (“Wallace”), and Madison Place, LLC, a Washington limited liability company
(“Madison”) (each a “Party” and together the “Parties”). The effective date (“Effective Date”)
of this Agreement shall be the date of complete execution hereof.
RECITALS
A. Central Highlands and Wallace are proposing a 19-lot preliminary plat subdivision
(Project No. PLN50589 SUB) located on tax parcels 27250210232005, 27250211552005,
27250211542006, and 27250211532007 (“Wallace Cottages”). Wallace Cottages is
proposing to obtain access from the existing right-of-way located at the intersection of
Nakata Ave NW, Wallace Way NW, and Taurnic PL NW (“Wallace Cottages Wallace
Way Access”). The homeowners in the community adjacent to the Wallace Cottages
Wallace Way Access objected to authorizing access through their neighborhood and
requested that Central Highlands find a way to obtain primary access from Madison
Avenue (“Wallace Cottages Madison Avenue Access”). The Wallace Cottages property
includes a lot that connects to Madison Avenue but the portion of that property that
connects to Madison Avenue is only 15 feet wide and therefore is not wide enough to
provide the desired Wallace Cottages Madison Avenue Access.
B. Central Highlands and Madison are proposing an 18-lot preliminary plat subdivision
(Project No. PLN50892 SUB) located on tax parcel 27250210602009 (“Madison
Place”).
C. Mattis Consulting Group LLC, a Washington limited liability company (“Mattis”), is the
consulting company working with DeNova Northwest LLC, a Washington limited
liability company (“DeNova”) regarding its approved 12-lot preliminary plat subdivision
(Project No. PLN50622 SUB) located at 7340 Finch Road NE (“The Reserve at
Winslow”).
D. CCHD LLC, a Washington limited liability company (“CCHD”), is the consulting
company working with Gary and Susan Ohrt, a married couple (“Ohrt”), the applicants
for the proposed 8-lot Madison Grove subdivision (Project No. PLN50667 SUB)
(“Madison Grove Project”) and the forthcoming townhouse project (PLN50879SPR)
(“Madison Landing”). Both the Madison Grove Project and Madison Landing will occur
on property located between Madison Avenue N. and Nakata Avenue NW in the City of
Bainbridge Island. The Madison Grove subdivision is planned to include tax parcels
27250211262001, 27250211402003, 27250211412002, and 27250212142004 (“Madison
Grove Property”). Madison Landing is planned to include tax parcels 27250210662003,
27250210212007, and 27250210222006 (“Madison Landing Property”).
Page 2 of 8
E. Ohrt is a party to a purchase and sale agreement for the purchase of Kitsap County parcel
no. 27250210222006 (the “Vet Clinic Property”), which is the southernmost lot of the
Madison Landing Property. Ohrt anticipates closing on the Vet Clinic Property on March
21, 2018. Ohrt anticipates conveying the Madison Landing Property to Madison
Landings Inc., a Washington corporation (“Madison Landings Company”).
F. The City, Ohrt, CCHD, and Mattis are parties to that certain Agreement for Improvement
to Public Trail and Processing of Vacation of Disputed Street, dated December 1, 2017
(the “Trail Connection Agreement”). The Trail Connection Agreement was entered
into, in part, to resolve a dispute between the parties thereto regarding whether a right-of-
way (the “Disputed Street”) exists on the Madison Grove Property. Among other things,
the Trail Connection Agreement provides that the City would process a street vacation
for the Disputed Street and, in exchange, Ohrt, CCHD, and Mattis would waive their
potential claims against the City and Ohrt would construct certain public trail
improvements which would result in a continuous public trail system between Sportsman
Club Road and Weaver Road (“Public Trail Connection”), which trail would include a
bridge over Hirawaka Creek.
G. The City approved the street vacation in City Ordinance No. 2018-04 (“Vacation
Ordinance”) within the initial time required by the Trail Connection Agreement but, in
doing so, imposed a condition on the vacation. The ordinance provides that the vacation
is effective upon the satisfaction of the following condition: “The vacation of [the
Disputed Street] is conditioned upon the grant of a right-of-way consisting of the south
15 feet of parcel number 272502-1-022-2006.” In imposing the condition, the City
Council indicated that the public benefit related to the vacation of Duane Lane would best
be served if Ohrt granted sufficient right-of-way to allow Central Highlands and Wallace
to achieve the Wallace Cottages Madison Avenue Access described in Recital A above.
H. Central Highlands, Wallace, and Madison are entering into this Agreement to resolve the
City’s concerns and the neighbors’ concerns regarding the Wallace Cottages Wallace
Way Access, as well as mitigate their losses and provide for certain assurances regarding
the processing of permits and for clear permit processing timelines for Wallace Cottages
and Madison Place.
I. Central Highlands and Wallace are entering into a separate agreement with Ohrt,
Madison Landings and CCHD titled “MADISON AVENUE ACCESS AGREEMENT”
and dated March 16, 2018 (“Madison Avenue Access Agreement”). The Madison
Avenue Access Agreement is intended to achieve the construction and use of the Wallace
Cottages Wallace Way Access.
J. Ohrt, Madison Landings, CCHD, and Mattis are entering into another separate agreement
with the City titled “PUBLIC BENEFIT, DEVELOPMENT AND PERMIT
PROCESSING AGREEMENT” dated March 15, 2018 (“Ohrt Permit Processing
Agreement”), in order to effectuate the vacation of the Disputed Street and resolve and
fully consummate the Trail Connection Agreement, as well as to mitigate their losses and
provide for certain assurances regarding the processing of permits and for clear permit
processing timelines for Madison Grove, The Reserve at Winslow, and Madison Landing.
Page 3 of 8
K. The City is entering into this Agreement and the Ohrt Permit Processing Agreement to
achieve certain public benefits, including the completion of the Public Trail Connection,
the release of potential claims by Ohrt, CCHD, Mattis, Central Highlands, Wallace, and
Madison, and to achieve the Wallace Cottages Madison Avenue Access desired by the
City and the neighborhood.
L. The Parties are entering into this Agreement to set forth the terms and conditions under
which the issues described above shall be resolved to their mutual satisfaction.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises and considerations set forth
below and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
1. Madison Avenue Access. Pursuant to the Madison Avenue Access Agreement,
Central Highlands, Wallace, CCHD, Ohrt, and the Madison Landings Company have agreed to
process a boundary line adjustment to incorporate the eastern panhandle portion of Kitsap
County parcel no. 272502-1-023-2005 (approximately the eastern 240 feet thereof) (the
“Panhandle”) into the Vet Clinic Property, and CCHD, Ohrt and the Madison Landings
Company have agreed to grant a thirty (30) foot right-of-way (the “ROW Property”) over the
south boundary of the Vet Clinic Property (as enlarged by inclusion of the Panhandle via the
boundary line adjustment). The City shall process a boundary line adjustment prior to the
vacation of the Disputed Street, which shall incorporate into the Madison Landing Property those
portions of Kitsap County parcel no. 272502-1-126-2001 and 272502-1-214-2004 that are zoned
Madison Avenue District (“Duane Lane BLA Property”). The boundary line adjustments
involving the ROW Property and the Duane Lane BLA Property may be included in the same
application or applications submitted together. Prior to the vacation of the Disputed Street and
prior to or after the dedication of a right-of-way on the ROW Property, the City shall allow
Madison Landing to include the ROW Property and the Duane Lane BLA Property in its
calculation of the floor area ratio for Madison Landing. The City agrees that the ROW Property,
once dedicated, shall be sufficient to serve both Wallace Cottages and Madison Landing, and no
additional right-of-way shall be required for the Madison Landing project. The City shall not
require stormwater detention related to the ROW Property to occur within the ROW Property or
within the Madison Landing Property; provided that a bioretention system may be located within
the portion of the roadway located on the ROW Property. The City shall require setbacks no
greater than 7.5 feet on the Madison Landing Property from the ROW Property and from any
right-of-way along the north boundary of the Madison Landing Property. If the applicant applies
for a variance to authorize a 5-foot setback from such adjacent rights-of-way, then the City shall
support such variance application throughout the City’s variance processing procedures.
2. City Confirmation Regarding Vested Rights. The City hereby confirms that the
City’s Moratorium Ordinance (Ord. No. 2018-05, as amended by Ord. No. 2018-09) and the
City’s newly adopted Critical Areas Ordinance (Ord. No. 2018-01) do not and will not apply to
Wallace Cottages and Madison Place, and future building permits related thereto, because
pursuant to state law said projects became vested to the applicable regulations in effect at the
time of submitting a complete preliminary plat application and/or complete building permit
Page 4 of 8
applications, as applicable. The City further confirms that the projects described in this Section 2
shall remain vested despite any revisions resulting from actions necessary or convenient to
provide the Wallace Cottages Madison Avenue Access.
3. City Waiver of Transportation Impact Fees. The City shall waive and not require
any payment of transportation impact fees associated with Wallace Cottages.
4. City Permit Processing. The City shall process the permits and approvals for the
following projects as stated in this Section 4. All review times stated below shall commence on
the later of the execution date of this Agreement, submittal date, or resubmittal date.
Important Note: Regarding the timelines to follow in this Section 4:
The City’s commitments (including timelines) are predicated on timely submittal of complete
new or revised documentation from the applicant. City staff do not control the recommendations
or action that will be taken by the Planning Commission or the Hearing Examiner, including the
availability of those bodies for meetings and the number of meetings those bodies regard as
necessary as part of their consideration of subject projects.
a. Wallace Cottages.
i. Within seven (7) days after the execution of this Agreement, City staff
will communicate to the Planning Commission that this Agreement
has been executed and that terms in the Agreement could potentially
affect the Planning Commission’s consideration regarding the Wallace
Cottages project, to the extent that the Commission’s decision was
based on concerns about access to Madison Avenue.
ii. City staff will schedule a preliminary plat hearing date with the
Hearing Examiner as soon as practicable and shall make best efforts to
schedule such hearing no later than May 4, 2018.
iii. Public Works review and comments including bond quantity amounts,
permit fees, and related matters shall be ready within fourteen (14)
days of the Hearing Examiner’s preliminary plat decision and shall
allow construction to start as soon as possible upon the City obtaining
the required bonds, fees, and agreements. However, if the Hearing
Examiner’s decision includes conditions that require changes to the
civil improvement drawings, the 14-day period will commence at the
time of resubmittal of the revised civil improvement drawings to the
City. The City shall allow construction to start as soon as possible
upon the City obtaining the required bonds, fees, and agreements.
iv. The City shall complete its reviews and provide its response to the
applicant for all building permits submitted for lots within Wallace
Cottages within thirty (30) days of submission of a fully completed
building permit application. The City shall complete its reviews and
provide its response to the applicant within fourteen (14) days of
receiving from the applicant a response to a correction notice.
Page 5 of 8
b. Madison Place.
i. Following the execution of this Agreement, City staff will schedule the
Madison Place project for Planning Commission consideration at the
Planning Commission’s April 26, 2018, meeting, subject to Planning
Commission availability.
ii. The City (Public Works) shall complete review of civil drawings and
provide comments to the applicant within fourteen (14) days of
submittal. The City shall complete its reviews and provide its response
to the applicant within fourteen (14) days of receiving from the
applicant a response to a correction notice.
iii. The City will schedule a preliminary plat hearing date with the
Hearing Examiner as soon as practicable and shall make best efforts to
schedule such hearing no later than May 18, 2018.
iv. Public Works review and comments including bond quantity amounts,
permit fees, and related matters shall be ready within fourteen (14)
days of the Hearing Examiner’s preliminary plat decision and shall
allow construction to start as soon as possible upon the City obtaining
the required bonds, fees, and agreements. However, if the Hearing
Examiner’s decision includes conditions that require changes to the
civil improvement drawings, the 14-day period will commence at the
time of resubmittal of the revised civil improvement drawings to the
City. The City shall allow construction to start as soon as possible
upon the City obtaining the required bonds, fees, and agreements.
v. The City shall complete its reviews and provide its response to the
applicant for all building permits submitted for lots within Wallace
Cottages within thirty (30) days of submission of a fully completed
building permit application. The City shall complete its reviews and
provide its response to the applicant within fourteen (14) days of
receiving from the applicant a response to a correction notice.
5. Severability. If any clause, sentence, paragraph, section, or part of this Agreement
shall be adjudged by any court of competent jurisdiction to be invalid, such order or judgment
shall be confined in its operation to the controversy in which it was rendered and shall not affect
or invalidate the remainder of any part of this Agreement and to this end the provisions of each
clause, sentence, paragraph, section, or part of this Agreement are hereby declared to be
severable.
6. Relationship to Other Agreements. The default by Ohrt, Madison Landings,
and/or CCHD under the Madison Avenue Access Agreement shall not excuse the performance of
an obligation under this Agreement, including, without limitation, the City’s obligation to make
best efforts to schedule the Hearing Examiner hearings for Wallace Cottages and Madison Place
on or before the specified dates, subject to the Hearing Examiner’s availability.
7. Cooperation. The Parties agree to cooperate and work together in good faith and
without delay to take the actions and issue the approvals described in this Agreement.
Page 6 of 8
8. Attorneys’ Fees. In any court proceeding brought to enforce or interpret this
Agreement, the substantially prevailing party (as determined by the court) shall recover from the
other party its costs and reasonable attorneys’ fees, including costs and fees on appeal.
9. Governing Law. This Agreement shall be governed and interpreted in accordance
with the laws of the State of Washington. In any action brought to enforce or interpret the
provisions of this Agreement, venue shall be exclusively in Kitsap County Superior Court.
10. Time. Time is of the essence for all provisions of this Agreement.
11. Headings. The headings contained in this Agreement are for reference purposes only
and shall not in any way affect the meaning or interpretation of this Agreement.
12. Binding Effect. This Agreement shall be binding on and inure to the benefit of the
parties and their respective successors and assigns.
13. Entire Agreement; Amendment. This Agreement represents the entire agreement
of the Parties and supersedes any prior communications, written or oral. This Agreement is the
product of negotiation and shall not be construed against either party as the drafter hereof. No
amendment, modification, or waiver of any rights hereunder shall be binding unless in writing
and signed by the party or parties potentially adversely affected hereby.
14. Counterparts. This Agreement may be executed in any number of counterparts, all
of which taken together shall constitute one instrument.
15. Authority. Each party signing this Agreement, whether signing individually or on
behalf of an entity, represents that he/she has full authority to sign this Agreement on behalf of
himself/herself or such entity.
16. Calculation of Time. Unless clearly stated otherwise in this Agreement, all
references to days shall be to calendar days, not business days.
17. Notices. All notices, requests, and other communications that may be or are
required to be given hereunder or with respect hereto shall be in writing and shall be given by
overnight delivery service and by electronic mail, and shall be deemed to have been given on the
next day following the date such notice was sent by overnight delivery service. Such notices,
requests, and other communications shall be addressed as follows:
If to Central Highlands, Wallace, or Madison:
Hayes Gori
Law Office of Hayes Gori, PLLC
271 Wyatt Way NE, #112
Bainbridge Island, WA 98110
Phone: 206-842-6462
Email: hayes@hayesthelawyer.com
With a copy via email to:
Page 7 of 8
David Smith
Email: smithhouse4@comcast.net
If to City:
Joe Levan
City Attorney, City of Bainbridge Island
280 Madison Ave. N
Bainbridge Island, WA 98110
(206) 780-8622
Email: jlevan@bainbridge.wa.gov
With a copy via email to:
Doug Schulze
City Manager, City of Bainbridge Island
Email: dschulze@bainbridgewa.gov
[Signature Pages Follow]