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Resolution No. 2022-17 Approving Grow Community Phase 2B Alteration - Approved 041222Page 1 of 4 RESOLUTION NO. 2022-17 A RESOLUTION of the City Council of Bainbridge Island, Washington, relating to approval of the Grow Community Phase 2B subdivision alteration and adjustment to the approved site plan review (City File No. PLN13551I FSUBA/SPRA). WHEREAS, the Grow Community received Site Plan and Design Review (“SPR”) approval under City file no. SPR13551 on March 9, 2012, and the SPR was granted as an eight acre, phased, Tier II, Built Green 5 Housing Design Demonstration Project (HDDP); and WHEREAS, the SPR has been adjusted seven times through various site plan review adjustment applications, and this request for a SPR Adjustment is the eighth adjustment; and WHEREAS, the plat of Grow Community I was approved by the Hearing Examiner on August 29, 2012 (City file no. SUB13551), and by the City Council (Resolution No. 2012-12) on November 7, 2012 (City file no. FSUB13551), and the plat of Grow Community I was recorded on November 19, 2012; and WHEREAS, an amendment to the Grow Community I Subdivision and a boundary line adjustment was approved via Resolution No. 2013-19 on October 23, 2013; and WHEREAS, a second amendment to the Grow Community I Subdivision and a boundary line adjustment was approved via Resolution No. 2014-25 on December 9, 2014; and WHEREAS, the plat of Grow Community II is the subject of this request for an alteration, and the plat was approved by the Hearing Examiner on July 7, 2014 (City file no. SUB13551B), and by the City Council (Resolution No. 2014-24) on December 9, 2014 (City file no. PLN13551BFSUB), and the plat of Grow Community II was recorded on December 10, 2014; and WHEREAS, a minor alteration to the Grow Community II final subdivision was approved on July 28, 2016, to amend the open space plan to add a 400 square foot structure and to allow the awning for the community center in the open space tract (City file no. PLN13551B FSUBA); and WHEREAS, a minor amendment to the Grow Community II final subdivision was approved on February 21, 2017 and recorded on February 27, 2017 under the title, “AMENDMENT Plat of Grow Community II,” and the note on the amendment on the recorded plat specifies that the amendment revises the building footprints on Lots 31 and 32, revises lot coverage for Lots 31 and 32 which then revised the total calculated lot coverage for the plat, revised open space areas, and revised the pedestrian pathway Page 2 of 4 location, alignments, and easements in the southern portion of the plat (City file no. PLN13551B FSUBA2); and WHEREAS, Grow Community II has current approvals as part of Grow Community II Phase 2B to construct an 18-unit 3-story multifamily building on Lot 31 and four single-family residences on Lot 27, Lot 28, Lot 29, and Lot 30 respectively, and this part of the phased development has not yet been built and is proposed to be altered through this request; and WHEREAS, as described in more detail in Exhibit A, “Findings, Conclusions, and Decision” (see attached), Bainbridge 14, LLC and Bainbridge Community Development, LLC (Applicants) request approval to alter the Plat of Grow Community II and adjust the approved site plan review to remove the previously approved multi-family use, and the proposed alteration and adjustment to the approved site plan review includes the following: • Create fourteen single-family lots and one tract (proposed Tract D) from five existing lots (lots 27-31) and existing Tract C; • Fourteen two-story single-family residences (SFRs) are proposed to be built on the fourteen single-family lots; • Add ten new surface parking spaces in a reconfigured existing parking lot, and six new parking spaces adjacent to Shepard Way NW; and • Regrade the existing park to the north and reconfigure public pedestrian easements in the southern portion of the plat. WHEREAS, the application proposes an alteration to a final long subdivision in accordance with BIMC 2.16.160.M which specifies that an alteration of a subdivision shall follow the provisions of RCW 58.17.215, and in accordance with RCW 58.17.215, the City Council shall determine the public use and interest in the proposed alteration and may deny or approve the application; and WHEREAS, the City issued a combined Notice of Application for Alteration of Subdivision/SEPA Addendum on November 12, 2021, the City issued a combined revised Notice of Application for Alteration of Subdivision/SEPA Addendum on December 10, 2021, and the applications were re-noticed to allow for an additional comment period and provide additional information regarding the SEPA review (SEPA addendum issued); and WHEREAS, the City published a Notice of Public Hearing on February 11, 2022, the public hearing subsequently was moved to March 22, 2022, and the City issued a second Notice of Public Hearing on March 11, 2022; and WHEREAS, the City identified nineteen public comments and one agency comment received during the public comment period, including a request for a public hearing, the City received several public comments after the public comment period and Page 3 of 4 in advance of the public hearing, and the City prepared a comment summary sheet with staff responses as part of the staff report; and WHEREAS, on March 22, 2022, the City Council conducted a quasi-judicial proceeding, including a public hearing, to consider the proposed alteration and adjustment to the approved site plan review, in accordance with the provisions in RCW 58.17.215; and WHEREAS, on March 22, 2022, following the public hearing and after considering public comment provided as part of the proceeding, the City Council expressed a consensus to direct City staff to prepare a decision document to approve the proposed alteration and adjustment to the approved site plan review; and WHEREAS, City staff have prepared the decision document and it is attached as Exhibit A, and approval of this Resolution No. 2022-17 will approve the proposed alteration and adjustment to the approved site plan review (City file No. PLN13551I FSUBA/SPRA), subject to the conditions set forth in Exhibit A; and WHEREAS, on April 12, 2022, the City Council considered adoption of this Resolution No. 2022-17 and approval of the proposed alteration and adjustment to the approved site plan review (City file No. PLN13551I FSUBA/SPRA), subject to the conditions set forth in Exhibit A. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND DOES RESOLVE AS FOLLOWS: Section 1. As set forth in Exhibit A, which is incorporated fully herein by this reference, the City Council is granted jurisdiction to consider and decide applications for alteration of a subdivision under BIMC 2.16.160.M and RCW 58.17.215. In accordance with RCW 58.17.215, the City Council shall determine the public use and interest in the proposed alteration and may deny or approve the application. Section 2. As set forth in Exhibit A, the City Council hereby determines that the public use and interest is served by the proposed alteration and adjustment to the approved site plan review (City file No. PLN13551I FSUBA/SPRA). The City Council further finds that the proposed alteration and adjustment to the approved site plan review are in conformance with the City’s zoning requirements, the Comprehensive Plan, subdivision regulations and standards, and all applicable land use ordinances and applicable state laws. Accordingly, the request to alter the Plat of Grow Community II and adjust the approved site plan review to remove the previously approved multi-family use (No. PLN13551I FSUBA/SPRA) is hereby APPROVED by the City Council, subject to the conditions set forth in Exhibit A. Section 3. In accordance with RCW 58.17.215, the City Council hereby orders the applicant to produce a revised drawing of the approved alteration of the final plat at issue. Further, the City Council hereby authorizes the Mayor to sign the revised drawing Page 4 of 4 of the approved alteration that will be prepared by the applicant, and that approved document shall be filed with the Kitsap County Auditor to become the lawful plat of the property. Section 4. The applicant shall prepare the above described revised drawing of the approved alteration of the final plat at issue, and, after the approved alteration includes all of the applicable signatures, the applicant shall record the applicable documents with the Kitsap County Auditor. Section 5. Severability. If any one or more sections, subsections, or sentences of this resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. Section 6. This resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council this 12th day of April 2022. APPROVED by the Mayor this 12th day of April 2022. Joe Deets, Mayor April 8, 2022 April 12, 2022 ATTEST/AUTHENTICATE: By: __________________________ Christine Brown, MMC, City Clerk FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 2022-17 Attached: Exhibit A (Findings, Conclusions, and Decision) Page 1 of 14 EXHIBIT A BEFORE THE CITY COUNCIL CITY OF BAINBRIDGE ISLAND In the Matter of the Application of ) No. PLN13551I FSUBA/SPRA ) Bainbridge 14, LLC ) Grow Community Phase 2B Alteration Bainbridge Community Development, LLC ) (formerly Grow Phase 3) ) ) ) For Approval of a Final Subdivision Alteration ) FINDINGS, CONCLUSIONS, And Site Plan Review Adjustment_________ ) AND DECISION SUMMARY OF DECISION The request to alter the Plat of Grow Community II and adjust the approved site plan review to remove the previously approved multi-family use is APPROVED. Conditions are necessary to mitigate specific impacts of the proposed development. SUMMARY OF RECORD Hearing: The City Council held a public hearing on the request on March 22, 2022, in accordance with the provisions of RCW 58.17.215. Testimony: The following individuals testified at the public hearing: Mark Hofman, Interim Planning & Community Development Director Ellen Fairleigh, City Associate Planner Henry Mohrman Mary Beth Abarbanel Demi Allen Resident of 363 Ambrose Lane (name not stated) Robert Abarbanel Jonathan Davis, Agent for Applicants Exhibits: The following exhibits were admitted into the record: 1. PLN13551I FSUBA SPRA Grow Phase 2B Alteration (formerly Grow Phase 3) Staff Report 2. Plat of Grow Community II recorded in 2014 under AFN 201412100175 3. Amendment Plat of Grow Community II recorded in 2017 under AFN 201702270020 4. PLN13551I FSUBA SPRA Proposed Alteration to Amendment Plat of Grow Community II Page 2 of 14 5. PLN13551I FSUBA SPRA Site Plan 6. PLN13551I FSUBA SPRA Renderings, Floor Plans, Site Plans, Site Photos 7. PLN13551 FSUBA SPRA Public and Agency Comment received during public comment periods 8. Foster Garvey letter in response to Mohrman opposition memo dated December 29, 2021 9. PLN13551I FSUBA SPRA Public Comment received after public comment period 10. PLN13551I FSUBA SPRA Revised Trip Generation Analysis for Grow Community Phase 3 from KPG dated January 25, 2021 11. PLN13551I FSUBA SPRA Development Engineering Recommendation memo dated March 16, 2022 12. PLN13551I FSUBA SPRA Grow Community Parking Analysis from applicant dated January 18, 2022 13. PLN13551I FSUBA SPRA Public Comment Received in advance of public hearing Project Location: Multiple Addresses: 248, 242, 226, 220, 234 & 238 Shepard Way NW & Tract C Tax Parcels: 5607-000-027-0005 (Lot 27); 5607-000-028-0004 (Lot 28); 5607-000-029-0003 (Lot 29); 5607-000-030-0000 (Lot 30); 5607-000-031-0009 (Lot 31); and 5607-000-034-0006 (Tract C) PROJECT BACKGROUND The Grow Community has an extensive permitting history. Key permits and approvals are provided as follows: 1. The Grow Community received Site Plan and Design Review (SPR) approval under City file no. SPR13551 on March 9, 2012. The SPR was granted as an eight acre, phased, Tier II, Built Green 5 Housing Design Demonstration Project (HDDP). 2. The SPR has been adjusted seven times through various site plan review adjustment (SPRA) applications. This request for a SPRA is the eighth adjustment. 3. The plat of Grow Community I was approved by the Hearing Examiner on August 29, 2012 (City file no. SUB13551), and by the City Council (Resolution No. 2012-12) on November 7, 2012 (City file no. FSUB13551). The plat of Grow Community I was recorded on November 19, 2012. 4. An amendment to the Grow Community I Subdivision and a boundary line adjustment was approved via Resolution No. 2013-19 on October 23, 2013. 5. A second amendment to the Grow Community I Subdivision and a boundary line adjustment was approved via Resolution No. 2014-25 on December 9, 2014. 6. The plat of Grow Community II is the subject of this application. The plat was approved by the Hearing Examiner on July 7, 2014 (City file no. SUB13551B), and by the City Council (Resolution No. 2014-24) on December 9, 2014 (City file no. PLN13551BFSUB). The plat of Grow Community II was recorded on December 10, 2014. 7. A minor alteration to the Grow Community II final subdivision was approved on July 28, 2016, to amend the open space plan to add a 400 square foot structure and to allow the awning for the community center in the open space tract (City file no. PLN13551B FSUBA). 8. A minor amendment to the Grow Community II final subdivision was approved on February 21, 2017 and recorded on February 27, 2017 under the title, “AMENDMENT Plat of Grow Community II.” The note on the amendment on the recorded plat specifies that the amendment revises the building footprints on Lots 31 and 32, revises lot coverage for Lots 31 and 32 which then revised the Page 3 of 14 total calculated lot coverage for the plat, revised open space areas, and revised the pedestrian pathway location, alignments, and easements in the southern portion of the plat (City file no. PLN13551B FSUBA2). 9. Grow Community II has current approvals as part of Grow Community II Phase 2B to construct an 18-unit 3-story multifamily building on Lot 31 and four single-family residences on Lot 27, Lot 28, Lot 29, and Lot 30 respectively. This part of the phased development has not yet been built and is proposed to be altered through this application. FINDINGS Application and Notice 1. Bainbridge 14, LLC and Bainbridge Community Development, LLC (Applicants) request approval to alter the Plat of Grow Community II and adjust the approved site plan review to remove the previously approved multi-family use. The proposed alteration includes the following: • Create fourteen single-family lots and one tract (proposed Tract D) from five existing lots (lots 27-31) and existing Tract C. • Fourteen two-story single-family residences (SFRs) are proposed to be built on the fourteen single-family lots. • Add ten new surface parking spaces in a reconfigured existing parking lot, and six new parking spaces adjacent to Shepard Way NW. • Regrade the existing park to the north and reconfigure public pedestrian easements in the southern portion of the plat. • At the time of application submittal, the project proposed to narrow a portion of Shepard Way to 12' to create a more walkable "slow street.” The “slow street” proposal has since been removed from the project at the request of the applicant. 2. The application proposes an alteration to a final long subdivision in accordance with BIMC 2.16.160.M which specifies that an alteration of a subdivision shall follow the provisions of RCW 58.17.215. In accordance with RCW 58.17.215, the legislative body shall determine the public use and interest in the proposed alteration and may deny or approve the application. 3. In accordance with RCW 58.17.170(2)(a), any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of seven years from the date of filing if the date of filing is on or before December 31, 2014. The Plat of Grow Community II was recorded on December 10, 2014. This final subdivision alteration proposal was submitted within seven years of the date of filing and therefore the previously approved lots are not divested and remain valid. 4. The City issued a combined Notice of Application for Alteration of Subdivision/SEPA Addendum on November 12, 2021. The City issued a combined revised Notice of Application for Alteration of Subdivision/SEPA Addendum on December 10, 2021. The applications were re-noticed to allow for an additional comment period and provide additional information regarding the SEPA review (SEPA addendum issued). 5. The City published a Notice of Public Hearing on February 11, 2022. The public hearing subsequently was moved to March 22, 2022. The City issued a second Notice of Public Hearing on March 11, 2022. Page 4 of 14 6. The City identified nineteen public comments and one agency comment received during the public comment period, including a request for a public hearing. The City received several public comments after the public comment period and in advance of the public hearing. The City prepared a comment summary sheet with staff responses as part of the staff report. State Environmental Policy Act 7. Acting as lead agency, the City issued a SEPA addendum concurrently with the Notice of Application on November 12, 2021. A revised Notice of Application and SEPA addendum was issued on December 10, 2021 to allow for an additional comment period and provide additional information regarding the SEPA addendum. The addendum is issued pursuant to WAC 197-11-600(4)(c) and WAC 197-11-625 and modifies the proposal as described in the project description. A SEPA checklist date stamp received October 23, 2013, was prepared for the Grow Community proposal, and a mitigated determination of nonsignificance (MDNS) was issued on May 27, 2014. A revised SEPA checklist dated November 4, 2021, has been submitted as an addendum to the original checklist but does not change the City’s SEPA analysis. Due to the overall reduction in residential units in the proposed alteration to the southern portion of the development, no additional significant adverse impacts are anticipated. The mitigations included in the MDNS issued May 27, 2014, remain unchanged. The City does not anticipate issuing a new SEPA determination. Comprehensive Plan and Zoning 8. The Comprehensive Plan designation for the site is Urban Multi-Family R-14 and is within the Winslow Master Plan Area. City staff identified Comprehensive Plan goals and policies that are relevant to the proposal: Land Use Element- Designated Centers – Goal LU-5: Focus Urban Development in Designated Centers; Policy LU-5.3: Encourage residential uses in a variety of forms and densities as part of the use mix in Winslow and neighborhood centers; Goal LU-6: Ensure a development pattern that is true to the Vision for Bainbridge Island by reducing the conversion of undeveloped land into sprawling development. Encourage improvement of aging or underutilized developments over development of previously undeveloped property; Policy LU-6.2: Promote dense residential and commercial development and encourage human activity within Winslow, the heart of Bainbridge Island. In order to create a vibrant city center direct growth where infrastructure exists, reduce reliance on the automobile, provide opportunities for affordable housing and absorb growth that would otherwise be scattered in outlying areas. Plan for adequate parking in Winslow to accommodate residents and visitors who drive downtown for shopping, participation in local government, attendance at cultural events and centers, and to use other resources in Winslow. Economic Element- Sustainability – Policy EC-3.1: Encourage the use of green building materials and techniques in all types of construction, as well as design approaches that are responsive to changing conditions; Development in Designated Centers – Policy EC-6.1: Enhance the existing designated centers to help the Island economy prosper and provide a high quality of life, creating ancillary benefits such as decreasing pollution (including greenhouse gas emissions), protecting open space, and creating local family wage jobs; Policy EC-6.2: Utilize urban design strategies and approaches to ensure that changes to the built environment are at a locally appropriate scale and enhance the Island’s unique attributes, in recognition of the economic value of “sense of place.” Environmental Element- Greenhouse Gases – Policy EN 12.7: Promote the installation of residential solar panels and the adoption of other energy saving technologies such as LED lights, heat pumps and insulation. Page 5 of 14 Water Resources Element- Stormwater Protection and Management – Policy WR 4.6: Ensure development of and adherence to erosion and sediment control plans on all construction and development sites of any size. Housing Element- Policy HO-3.1: Encourage innovative zoning regulations that increase the variety of housing types and choices suitable to a range of household sizes and incomes in a way that is compatible with the character of existing neighborhoods. Examples of innovative approaches are cottage housing development, conservation villages, stacked or common-wall housing, tiny houses and accessory dwelling units; Policy HO-3.7: Expand opportunities for infill in the residential neighborhoods of the Winslow Master Plan study area and the Neighborhood Centers. Allow the creation of small lots (e.g., in the 3,000 square foot range) as well as smaller footprint homes (e.g., under 1,200 square feet); Policy HO-6.7: Support the development of livable neighborhoods. Transportation Element- Non-Motorized System – Policy TR 2.4: Provide a network of sidewalk facilities adjacent to roadways in designated centers with the Winslow area given priority. Sidewalks shall be of sufficient width to accommodate expected pedestrian use, including safe crossings with adequate overhead or embedded lighting. Where possible, separate sidewalks from the roadway with a street tree planting strip and buffer. Designs should accommodate users of all abilities, meeting ADA requirements; Operation and Mobility – Policy TR 6.4: Enforce the City’s concurrency ordinance and monitor the expected transportation impact of proposed development on the available capacity of the roadway system. Early in the development review process, ensure that there are adequate transportation facilities or that improvements are planned, scheduled and funded for completion within six (6) years. 9. City staff identified Winslow Master Plan goals and policies that are relevant to the proposal: Land Use Element- Overall Land Use Goal WMP 2-1: Strengthen Winslow—the Island’s commercial, cultural and commuter hub—as a sustainable, affordable, diverse, livable and economically vital community, by: • Encouraging downtown living; • Providing an enhanced pedestrian experience, with linked access to retail shopping, the ferry, major public facilities, open space and residential areas, and promoting and retaining visual access to Eagle Harbor; • Promoting the efficient use of land; • Encouraging the retention and expansion of retail that serves the needs of community members and visitors; • Providing opportunities for business expansion and private reinvestment; • Promoting development that is sustainable and supports community values; and 22 Winslow Master Plan - May 21, 1998 Updated November 8, 2006 • Developing strategies that result in the creation of less expensive housing and retail space, thereby increasing diversity while minimizing dependence on the automobile. Housing Element- Goal WMP 3-1: Promote and facilitate the provision of diverse and affordable housing choices in a manner that encourages socio-economic diversity. Transportation Element- Policy WMP 6-2.4: Provide for wide sidewalks and other pedestrian amenities that support and encourage pedestrian use of Winslow; Policy WMP 6-2.5: Improve pedestrian connections by protecting and formalizing use paths. 10. The City evaluated the proposed alteration against the Bainbridge Island Municipal Code (“BIMC”) regulations in effect in 2014. The reference for compliance with BIMC regulations in place in 2014 is the Project Report for Grow Community Phase II from Heather Beckmann, Associate Planner to Stafford Smith, Hearing Examiner dated June 13, 2014. Page 6 of 14 11. The property is located in the City’s R-14 zoning district. Single-Family Dwelling is a permitted use in the R-14 zoning district. The maximum lot coverage is 40% in the R-14 zoning district. There is no proposed change to the percentage of lot coverage. The approved lot coverage for the plat of Grow Community II is 37%, and the proposed lot coverage is 37%. This plat alteration proposes to reassign lot coverage from the previously approved lots to the newly created lots in the southern portion of the plat. 12. Grow Community II was originally approved as a phased Tier II Built Green 5 Housing Design Demonstration Project (HDDP). As detailed in the staff report, the City confirmed that the project will continue to meet the minimum required HDDP scoring in place in 2014 including four points in the housing diversity category with home size no greater than 1600 square feet, twenty-one points in the innovative site development category, and implementation of innovative building design through water use reduction and improved energy performance. 13. The applicant may request that development standards from Titles 17 and 18 be modified as part of a housing design demonstration project. The City reviews the request to modify development standards through the project review process outlined in BIMC 2.16.020.Q.3 and considered in relation to all required decision criteria. The proposal requests modification to the following development standards: minimum lot dimensions and size, setbacks, roadside buffers, and to modify the parking standards. Proposed building height is below the maximum building height permitted in the R-14 zoning district. 14. The density in the R-14 zoning district is one dwelling unit per 3,100 square feet. According to the 2014 staff report, without any density bonus the plat of Grow Community II can be developed into 74 dwelling units. The 1.5 times density bonus allows a maximum of 111 dwelling units. With the proposed alteration, the plat of Grow Community II proposes 91 dwelling units which is less than the maximum allowed density bonus. 15. As detailed in the staff report, the City reviewed the proposal against the HDDP Approval Criteria. Existing Site 16. The subject parcels are the remaining undeveloped lots in Grow Community II. Tract C is developed with parking and trails. There are no critical areas on the subject parcels. Grow Community II has current approvals as part of Grow Community II Phase 2B to construct an 18- unit 3-story multifamily building on Lot 31 and four single-family residences on Lot 27, Lot 28, Lot 29, and Lot 30 respectively. This part of the phased development has not yet been built and is proposed to be altered through this application. Access, Parking, and Traffic 17. The subject parcels will be accessed from Shephard Way NW and Wyatt Way NW. 18. The applicant submitted a detailed parking analysis outlining the number of parking spaces provided in Phase 2A and Phase 2B, including an analysis of parking required based on unit size. This proposal will provide 16 new parking spaces. Ten of the parking spaces will be added to the existing parking lot in the southwest corner of the plat, and six new parking spaces will be added adjacent to Shepard Way within the public pedestrian easement. Page 7 of 14 19. As detailed in the staff report, Grow Community II requires 132 parking spaces with allowed development standard incentives and reductions and provides 134 parking spaces. 20. The project is conditioned that the parking spaces along Shepard Way NW must be available for use by members of the public because they are within the public pedestrian easement. 21. Revised Trip Generation Analysis for Grow Community Phase 3 dated January 25, 2021 from KPG was submitted by the applicant. The report concluded that the proposed changes will not significantly increase the trip generation and that traffic impacts will be similar to the impacts of the previously permitted development. A revised traffic impact analysis is not required because the proposal does not exceed the thresholds that would require a new analysis. The City Development Engineer accepted KPG’s findings. Trees, Landscaping, and Open Space 22. Perimeter landscape buffers are not being disturbed or changed as part of this proposal. As permitted through HDDP development standard incentives, the roadside buffer along Shepard Way NW is proposed to be eliminated with the exception of the 10-foot-wide landscape buffer fronting the southwest parking lot. 23. Continued compliance with parking lot landscaping in the altered southwest parking lot for the addition of 10 spaces will be reviewed as part of building permit process. 24. The plat is conditioned to provide 40 tree units per acre for a total of 211 tree units. Application materials indicate that tree unit requirements were met and exceeded as part of previous phases of Grow Community II development. However, six of the trees have died and been removed, and 8 more trees are proposed to be removed as part of this development to accommodate the expansion of the southwest parking lot. At the time of building permit review for this proposal, staff will verify that the plat provides a minimum of 211 tree units as required. 25. Proposed open space is decreasing slightly from 45% to 44%. Stormwater 26. The City Development Engineer recommends approval. Civil improvements or alterations to utilities or drainage are or have been reviewed under the associated building permit for this project (City file no. BLD25975 R-GAF). Utilities 27. The City has sufficient capacity to serve the subdivision with water and sewage services. Page 8 of 14 Schools and Parks 28. The Bainbridge Island School District would serve the proposed subdivision but did not provide any comment. This proposal will provide pedestrian walkways both internally and externally. The applicant will construct a sidewalk along the southern portion of the property abutting Shepard Way NW. The project also proposes a concrete crosswalk from the southeast corner of the subject property connecting to a trail to properties to the east. Public Comment/Testimony 29. Public comments were received at the public hearing. Henry Mohrman, a resident of the Grow Community, testified that the project presentation was wonderful and he has nothing negative to say about it. Mary Beth Abarbanel, a resident of the Grow Community Sage Unit, testified that she has concerns about access and streets during construction and after it is built. She is under the impression that during construction Shepard Way will be closed for a significant period of time. She is also concerned in the long-term that a loading dock is needed due to access needed for large delivery trucks and access during construction. There is no designated loading spot. She also testified that there is signage about the adjacent childcare center, and she has confronted people about the use. She is also concerned that six guest spaces for fourteen units is an issue. Demi Allen, a resident of Phase 2A of Grow since 2016, testified that he enthusiastically supports the proposed plat alteration. He testified that it will be great to have the community completed by people we know and trust. He testified that Jonathan Davis not only designed Phase 1, but he is also a resident of Grow since the beginning. He testified that the proposed design is feasible and buildable and brings together Phase 1 and Phase 3 to create an integrated whole. A resident of 363 Ambrose Lane in the Sage condo testified that she is concerned about the aging in place representation of a master on the ground floor. She testified that as people age they will want to go up to other floors. She testified that aging in place requires one floor and these units have more than one floor. She testified that this is not an aging in place development. As Bainbridge continues to age she testified that we need to think about our multi-level buildings. Robert Abarbanel, a resident of the Sage building, testified that he compliments the plan to insert the capacity for electric vehicle charging in every parking space for the 14 units. He testified that the plat requires the provision of electric vehicle charging throughout Grow and the Sage building has ruled against the installation of EV charging and that needs to be considered. He testified that the Council should be responsible for and provide for very serious inspection. He testified that buildings have been built at Grow that are defective and need to be repaired. He testified that this needs to be handled very carefully for the Grow 2B construction. He testified that the code needs to be followed all the way through. Page 9 of 14 Staff & Agency Recommendation 30. The City Development Engineer, Survey Program Manager, and Building Department reviewed the proposal and recommends approval with conditions. The Kitsap Public Health District and the Bainbridge Island Fire Department reviewed the proposal and recommends approval with conditions. At the March 22, 2022 public hearing, City staff requested City Council direction in accordance with RCW 58.17.215. Staff was directed to prepare a decision document for approval of the alteration. CONCLUSIONS Jurisdiction The City Council is granted jurisdiction to consider and decide applications for alteration of a subdivision under BIMC 2.16.160.M and RCW 58.17.215. In accordance with RCW 58.17.215, the legislative body shall determine the public use and interest in the proposed alteration and may deny or approve the application. Criteria for Review RCW 58.17.215 criteria for review of a proposed alteration of a subdivision is as follows. The City Council’s decision shall include findings of fact that the application meets the following criteria: The legislative body shall determine the public use and interest in the proposed alteration and may deny or approve the application. Conclusions Based on Findings 1. With conditions, the proposed subdivision alteration is in compliance with the 2014 Bainbridge Island Municipal Code (BIMC) including the requirements of a Tier II Built Green 5 Housing Design Demonstration Project (HDDP), and consistent with the Comprehensive Plan. 2. With conditions, the proposed subdivision alteration serves the public use and interest. In making this conclusion, the City Council considered factors related to RCW 58.17.215, as well as RCW 58.17.110 (factors to be considered related to approval of a subdivision), such as whether appropriate provisions are made for: public health, safety, and general welfare, for 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. The City Council’s discussion and consideration related to the public use and interest and more generally is reflected in the Council discussion that occurred at the Council meetings regarding this matter, which occurred on March 22, 2022 and April 12, 2022, and recordings of those meetings are in the public record. Page 10 of 14 DECISION Based on the preceding findings and conclusions, the request to alter the Plat of Grow Community II and adjust the approved site plan review to remove the previously approved multi-family use is APPROVED, with the following conditions: The following conditions are currently listed on the Plat of Grow Community II recorded in 2014 under Auditor’s File Number (AFN) 201412100175. Conditions with a strikethrough are to be removed from the face of the plat alteration for this proposal, the Alteration to Amendment Plat of Grow Community II, because the condition is no longer applicable. Conditions that are underlined are to be revised, as follows: SEPA CONDITIONS 1. All construction activities are subject to noise regulations in BIMC Chapter 16.16. 2. To limit the impact on lighting, any proposed lighting shall comply with Chapter 15.34 BIMC. 3. To ensure appropriate recreational opportunities, park nodes and associated facilities shall be created for each phase of development as indicated on the site plan for Phase I. The forest area and park node shall be planted prior to the application for any permits on Phase II B. 4. To ensure the historical and cultural resources of the naval housing and the Grow Farm are documented, the applicant shall provide the report titled, "The Report of the History and Cultural Significance of the Site Being developed as the Grow Community," prepared by Jon and Toby Quitslund to the Bainbridge Island Historical Museum. Prior to final inspection of the community building, the applicant shall indicate how the history of the site will be incorporated in the community building; examples include displaying the report and historical photographs, including any video or photographs of the Grow Historic Honoring ceremony. 5. To reduce car dependency and mitigate the impacts of traffic, the applicant shall provide a car sharing program, electric charging stations, and covered bicycle storage areas. 6. The applicant shall follow the phasing schedule to ensure that pedestrian connectivity is provided during each phase of the development. PROJECT CONDITIONS 7. All landscaping shall be installed, or a performance assurance device shall be submitted and approved, prior to final inspection of the final building within the phase being constructed. The installation of landscaping shall be verified by the Landscape Professional or owner and a landscaping declaration shall be signed. The applicant shall provide a final landscape construction plan for each phase for review by staff. 8. Landscape buffers (particularly the three-foot buffer landscape fence along the Eastern edge of the development) shall be maintained with a maintenance assurance device for a period of three years. No vegetation within the buffers shall be disturbed without approval of the Department of Planning and Community Development through an approved clearing, grading, Page 11 of 14 or civil plan. 9. The development shall provide non-motorized public trail right of way easements through the development as depicted on the site plan drawings, with the addition of an easement from the Southeast corner of the site directly to the Pavilion to Madison. 10. The applicant shall retain 30% of the significant trees on-site for Phase I. Phase II A & II B shall provide 40 tree units per acre and retain any significant trees identified on Sheet 8, Preliminary Plat of Grow Community II. If any retained significant trees are determined to be hazardous by a professional arborist, they may be removed after a replanting plan that follows the requirement options under BIMC 18.15.020.C.3.b has been approved by the Department of Planning and Community Development. Tree unit requirements will be verified by City staff at the time of building permit review prior to the issuance of building permits for the Phase 2B alteration. 11. Any off-site location(s) for community solar arrays shall require a separate permit review and are not approved as part of this application. 12. Construction of any civil improvements and/or appropriate bonding shall occur prior to any building permits being issued for each phase of development. The improvements to be constructed for Phase I of the development shall be in substantial conformance to the Phasing Plans submitted by Browne Engineering, last revised 2/17/12, or as amended and approved to the satisfaction of the Development Engineer. Phase II improvements shall be in substantial conformance to the Phasing Plans submitted by Browne Engineering, last revised October 15, 2013, plans C1-C5, or as amended and approved to the satisfaction of the Development Engineer. 13. Storm drainage facilities are to be maintained by the applicant. The applicant shall provide a declaration of covenant prior to final occupancy that guarantees that the system will be properly maintained. The covenant shall include language that will allow the City to inspect the system to ensure it is properly performing. 14. Prior to issuance of any building permits for the early childhood development center, the applicant shall submit documentation to determine the appropriate amount of parking spaces. If the amount exceeds the ten now allocated for the use, the applicant shall indicate how and where it will provide the additional spaces. These spaces may require an amendment to the site plan review. Alternatively, prior to the issuance of any building permits for a wellness center, if determined necessary by the Planning Director, the applicant shall apply for a site plan amendment or a new site plan review along with all required documentation, including but not limited to a traffic impact review. 15. To address the requests of the Health District, the applicant shall submit building clearance for sewered properties, and binding water and sewer availability letters prior to issuance of a building permit for the residences. Additionally, any existing septic tanks must be pumped and a licensed well driller must decommission any existing wells. Page 12 of 14 16. During each phase of trail construction, the applicant shall install signage that indicates the trails are public at each entry point on the perimeter of the site. 17. Each phase of the project shall conform to the HDDP program criteria for housing diversity, innovative site development, and innovative building design. Prior to the issuance of a building permit for each phase, the application will be reviewed for compliance with the following: a) The dwelling units shall be at or below 1600 square feet of floor area; b) 20 - 30% water use reduction; c) 25 - 35% improved energy performance above the Washington State Energy Code in place in 2014; d) Innovative building design elements including alternative energy, energy efficiency, water efficiency, green building materials, and accessibility; e) HDDP Development standards related to Low Impact Development; the applicant shall allocate impervious surface coverage for each phase of development (Phase I); f) Landscaping, recreational opportunities, open space and transportation elements that substantially conform to the site plans; g) Bicycle spaces provided at one for every five parking spaces; h) Built Green 5. Building permit applications, construction and final occupancy shall comply with the certification provisions of BIMC 2.15.020.3.4, as then codified in 2014; i) Proof of ongoing certification with the Built Green building rating system shall be required during construction and project certification shall be completed prior to final occupancy. 18. Following the completion of each phase, City staff shall be able to access the site for tours no more than once every three months with permission and cooperation of the property owner. 19. Each building shall meet the height requirement and shall not exceed 40' above average existing grade. 20. Each phase shall provide one covered bicycle space for every five parking spaces for the multifamily development for a minimum total of 28 spaces for the entire 8-acre site. 21. Pursuant to Chapter 15.08 BIMC, the applicant shall apply for a permit for any regulated signs. 22. Prior to the issuance of any building permits, the project shall be reviewed for compliance with the lighting guidelines. 23. Phases II-A and II-B (5-acre portion of the site) shall include the construction of all internal trails depicted on Sheet 9/9 of the Preliminary Plat documents, the 5' wide bike lane, curb, gutter and sidewalk along Wyatt to the end of the project site, Shepard improvements including 10' of dedicated right of way, a sidewalk and bicycle path, and a publicly accessible pathway to connect the Southeastern segment of the serpentine path directly to the Pavilion (in the manner specified by Condition #29 #25 below). 24. Building permits for the succeeding phase of development will not be issued before the Page 13 of 14 previous phase of public trails, street improvements and their associated easement are completed as outlined in Condition #23. 25. Direct, handicap accessible connectivity to the Pavilion that avoids going to Shepard Way NW shall be provided to the maximum extent feasible; provided that, the Design Review Board may approve a design containing an indirect route component if determined necessary to achieve handicap accessibility. 26. As requested by the DRB, the applicant shall provide a landscape fence wall along the Eastern border prior to the completion of each of the developments. 27. The ten-foot-wide landscape buffers to Wyatt Way and the frontage of the southwest parking lot along Shepard Way NW shall meet the full screen requirements of the BIMC 18.15.010. 28. The bus shelter as recommended by Kitsap Transit, shall be constructed as part of Phase I plat utility improvements. The following conditions are to be added to the face of the proposed alteration, Alteration to Amendment Plat of Grow Community II, in addition to the existing and revised conditions listed above: 29. At the time of building permit submittal for the Phase 2B alteration, the applicant shall demonstrate compliance with required parking lot landscaping in the southwest parking lot in accordance with BIMC 18.15.010.F.2.C (Requirements for Parking Lots Located to the Side of Buildings and Adjacent to Public Rights-of-Way). 30. Utility main extensions and appurtenances shall be installed within the right-of-way or within an easement dedicated to the City. Required easements for the proposed sanitary sewer main extension shall be recorded prior to issuance of any certificate of occupancy. 31. Modifications or additions to City utility infrastructure shall be in accordance with City Design and Construction Standards and Specifications, unless otherwise approved by the city engineer. 32. Compliance with Minimum Requirement #5: Onsite Stormwater Management shall be demonstrated on the construction plans. 33. Parallel parking stalls shown along the north side of the Shepard Way right-of-way shall be open to the public and shall require signage that reads: 4 hr. parking 6 am to 6 pm. 34. Signage and striping for shared bicycle and motorized vehicle use of the Shepard Way traveled way shall be installed along the project frontage to satisfy the bicycle path portion of condition #35 (Hearing Examiner, 7 July 2014). Page 14 of 14 The following conditions apply to this proposal but do not need to be listed on the face of the plat: 1.Design and construction of civil improvements shall be in substantial conformance to the Plat Utility Plans submitted by Browne Wheeler Engineers, Inc., last revised October 14, 2021, plan sheets C1.1 – C3.6, as modified by these conditions or as amended and approved to the satisfaction of the Development Engineer. The proposal to reduce the eastern portion of Shepard Way to a 12.3’ wide two-way traffic lane, shown in Detail C on sheet C2.4, is not approved with this subdivision alteration. 2.Civil improvement plans ready for construction shall be submitted with an application for a plat utility permit to the City for review and approval to construct all necessary infrastructure serving the divided lots. 3.Any use of rights-of-way for construction and/or civil improvements, as a result of this subdivision alteration, shall require a right of way use permit. Right of way use permits are reviewed independently and are subject to separate conditions and bonding requirements. 4.An amended Open Space Management Plan reflecting proposed modifications is required to be submitted to the Planning Department for review and signature by the Director prior to recording. DECIDED this 12th day of April 2022. ___________________________ Joe Deets, Mayor City of Bainbridge Island Appeal Process: The decision of the City Council shall be final unless, within 21 days after issuance of the decision, a person with standing appeals the decision in accordance with Chapter 36.70C RCW, Judicial Review of Land Use Decisions.