RES 2001-53 VACATION AND REVOCATION OF KITSAP COUNTY SHORT PLAT/PUD NO 1927RESOLUTION NO. 2001-53
A RESOLUTION of the City of Bainbridge Island,
Washington, vacating and revoking Kitsap County Short
Plat/Planned Unit Development No. 1927.
WHEREAS, in 1979, the Kitsap County Board of Commissioners approved by
resolution Short Plat/Planned Unit Development No. 1927 on five acres of property located
off Blakely Avenue; and
WHEREAS, Short Plat/Planned Unit Development No. 1927 was recorded on
August 22, 1979 under AFN 7908220127; and
WHEREAS, on February 26, 2001, Paul and Deborah Brainerd submitted a request
for vacation of Short Plat/Planned Unit Development No. 1927 to the City of Bainbridge
Island Department of Planning & Community Development; and
WHEREAS, on May 22, 2001, the Hearing Examiner has held an open record
public hearing on the vacation and revocation of Short Plat/Planned Unit Development No.
1927; and
WHEREAS, the Hearing Examiner has forwarded to the Council for consideration
the Examiner's Findings of Fact, Conclusions of Law, and Recommendation, in which the
Examiner recommends that the Council approve the revocation of Short Plat/Planned Unit
Development No. 1927; now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DOES RESOLVE AS FOLLOWS:
Section 1. The City Council finds that vacation and revocation of Short
Plat/Planned Unit Development No. 1927 is in the public interest.
Section 2. The City Council adopts by reference the Findings of Fact,
Conclusions of Law, and Recommendation of the Hearing Examiner, dated September 24,
2001 and attached as Exhibit A to this Resolution.
CITY OF BAINBRIDGE ISLAND
OFFICE OF THE HEARING EXAMINER nn r 5
VACATION OF KITSAP COUNTY ) CONO2-26-01-1
SHORT PLAT/PLANNED ) FINDINGS OF FACT
UNIT DEVELOPMENT NO. 1927 ) CONCLUSIONS OF LAW
APPLICANT: PUGET SOUND ) AND RECOMNIENDATION
ENVIRONMENTAL LEARNING )
CENTER BY F. NATHAN THOMAS )
SUMMARY
The Puget Sound Environmental Learning Center (PSELC) has applied for a vacation of a
Short Plat/Planned Unit Development (SP/PUD) which was approved by the Kitsap County
Board of Commissioners in 1979. This SP/PUD has never been developed. The five acre parcel
encumbered with this SP/PUD approval is a part of a larger 256 acre parcel purchased by Paul
and Deborah Brainerd for development of the PSELC. The Brainerds transferred the ownership
of the property to PSELC in December of 2000. The PSELC was approved for development
under Conditional Use Permit CUP07-06-99-1. The project is now being developed and the
improvements made to the property are clearly inconsistent with the previously issued PUD
permit. The vacation of SP/PUD No. 1927 is recommended for approval.
FINDINGS OF FACT
1. The PSELC is the legal owner of Lots A, B, C, D, E and F, at Kitsap County Short Plat
No. 1927, recorded under Auditor's File No. 7908220127; Legal Description:
Situate in the Northeast quarter of the Northwest quarter of Section 3, Township
24 North, Range 2 East, W.M., City of Bainbridge Island, Kitsap County,
Washington, subject to and together with easements, restrictions and reservations
of record.
Tax Lot Numbers: 032402-2-002-2001; 032402-2-045-2006; 032402-2-046-2005;
032402-2-047-2004; 032402-2-048-2003; and 0322402-2-049-2002. This property has a zoning
designation of R 0.4.
2. PSELC, through its representative F. Nathan Thomas, has applied for a vacation of
SP/PUD No. 1927 because this five acre parcel is a part of the PSELC site being developed under
a Conditional Use Permit (CUP) issued by the City of Bainbridge Island (CUP07-06-99-1).
CONO2-26-01-1 Hearing Examiner
Brainerd Page -I- City of Bainbridge Island
3. SP/PUD No. 1927 was approved by the Kitsap County Board of Commissioners in 1979,
however, no improvements were made on the five acre site. The property was later sold to Port
Blakely Tree Farms, then in 1998 the parcel was sold to Paul and Deborah Brainerd. The
Brainerds transferred the property to PSELC in December 2000 for development of the PSELC.
4. The City received a consultation request to resolve the vacation of the Kitsap County
SP/PUD No. 1927 in February, 2001. This consultation request was required by conditions of
approval for both CUP07-06-99-1 and BLA03-17-00-1.
5. A request for vacation of a PUD is exempt from SEPA review under WAC 197.11.800
(6)(a): Minor Land Use Decisions.
6. Revocation of this PUD permit is necessary to comply with CUP07-06-99-1 conditions of
approval. The five acres encumbered by this SP/PUD No. 1927 approval are located in a portion
of the PSELC site where the gate house, entry drive and parking areas have been approved;
development of that area has begun. EXHIBIT 6 identifies the parcels included in the SP/PUD
No. 1927 approval. EXHIBIT 5 shows an outline superimposed over a map of the PSELC
locating the five acres on the site.
7. Revocation of SP/PUD No. 1927 is necessary for the preservation and enjoyment of the
substantial property right of the applicant to develop the site. The applicant is developing the site
as an educational center for environmental studies. The PSELC will utilize the entire site. No
residences will be built on the site other than those approved under CUP07-06-99-1. This PSELC
development is inconsistent with the terms and conditions previously approved by SP/PUD No.
1927.
8. The revocation of this SP/PUD approval will not be materially detrimental to the public
welfare, nor to the property of other persons located in the vicinity of the site. This five acre
parcel is being developed as the entry road, parking area and gate house for the PSELC and is no
longer an appropriate site for the development of single family residential lots. No objections to
this revocation request were received from other property owners in the vicinity.
9. On May 30, 2001 a Public Hearing was held before the Hearing Examiner to consider the
application. Prior to the hearing, notice was published in the Bainbridge Review on May 12,
2001; notice of the public hearing was mailed to the owners of property within 300 feet of the
proposed project on May 14, 2001, and notices were posted at the City Hall, the Chamber of
Commerce, and the Ferry Terminal on April 23, 2001; notice was posted at the subject property
on May 16, 2001 [EXHIBIT 12.1
CONO2-26-01-1 Hearing Examiner
Brainerd Page -2- City of Bainbridge Island
CONCLUSIONS OF LAW
1. The PSELC is the true legal owner of Lots A, B, C, D, E, and F of Kitsap County Short
Plat No. 1927, which was recorded under Auditors File No. 7908220127 [See EXHIBIT 14].
2. This PUD vacation request must be processed under the terms of the Kitsap County
Zoning Ordinance in effect at the time the PUD application was filed (BIMC 18.120.020 (D)).
Extensive search by Debbie Randall of the Department of Planning and Community Development
(DPCD) has revealed that Kitsap County zoning ordinance in effect at the time of application was
the portion of the 1977 zoning ordinance described in EXHIBIT 5. Under Section 5.9.2 of the
1977 Zoning Ordinance, a property owner of record of any land or building desiring a
reclassification of property or PUD must present a petition requesting the amendment to the
Planning Department. In this instance the PSELC filed a formal request with DPCD for
consultation on a request for revocation of the PUD permit. Under the 1977 Zoning Ordinance,
the request for revocation is then referred to the public hearing body which holds a public hearing
and makes a recommendation to the legislative body regarding that revocation request. In this
instance a public hearing was held by the Hearing Examiner establishing a record. The Hearing
Examiner now makes a recommendation to the City Council for final decision on the request for
revocation of the PUD permit and vacation of the short plat. SEPA review is not required.
3. Findings of fact have been entered by the Hearing Examiner finding that this approval is
necessary to preserve a substantial property right of the applicant. The revocation of the PUD
permit and vacation of the SP are required as conditions for the development of the PSELC under
the Conditional Use Permit. In addition, a finding has been entered by the Hearing Examiner that
the revocation of this PUD permit will not be materially detrimental to the public welfare, nor to
the property of other persons located in the vicinity of the parcel. The use of this site as an
educational center has been previously approved by the City of Bainbridge Island and is consistent
with the residential zoning of property near this site.
4. A decision by the City Council approving a revocation of SP/PUD No. 1927 and vacating
the short plat should be filed with the Kitsap County Auditor to remove the SP/PUD No. 1927
approval from the property title.
CONO2-26-01-1 Hearing Examiner
Brainerd Page -3- City of Bainbridge Island
RECOMMENDATION
The Hearing Examiner recommends that the City Council approve a revocation of
SP/PUD Permit No. 1927 by City Council resolution as requested by the applicant. It is
recommended that a condition be imposed on that approval requiring the applicant to record with
the Kitsap County Auditor a copy of the final resolution revoking the PUD permit and vacating
the Short Plat.
Dated this 2,4 � day of, 2001.
obin Thomas Baker
Hearing Examiner Pro Tem
CONO2-26-01-1 Hearing Examiner
Brainerd Page -4- City of Bainbridge Island
EXHIBIT LIST
CONO2-26-01-1
BRAINERD
Hearing Date: 5-30-01
Rvh;I,if if T)escrintion
Planner: Debbie Randall
Date #Paces
l
E -Mail to Randall from Sprouffske
12-14-00
2
2
Routing Slip
2-26-01
1
37—
Codes Sections (BIMC/RCW)
3
4
Kitsap County Zoning Ordinance
6/83 amend'3/90
5
5
Kitsap County Zoning Ordinance with Fax
Transmission.
August 1977
6
6
Master Site Plan (L1.1) and Brainerd Vacation
Plan
12-7-99 and 4-30-
01
2
7
Corres. to Brainerd from Randall
3-13-01
1 ds'
8
Corres and Pacific Northwest Title Company's
Boundary Line Adjustment Certificate Report
11-28-00
26
9
Corres'anil Owner/Applicant Agreement from
Thomas,. Architects
4-16-01
2
10
Corres. to DPCD from Thomas
2-26-01
1
11
E -Mail to/from Randall/Nadeau
3-13-01
2
12
Documentation of Public Noticing
13
STAFF REPORT
STAFF REPORT City of Bainbridge Island
Department of Planning
and Community Development
Project: Brainerd Vacation of SP/PUD No. 1927
File number: CONO2-26-01-1
(related files: CUP07-06-99-1 Puget Sound Environmental
Learning Center; BLA03-17-00-1 Brainerd/Cemetery)
Date: May 17, 2001
To: Robin Baker, City of Bainbridge Island Hearing Examiner
Project Manager: Debbie Randall, Associate Planner
Applicant: Paul & Deborah Brainerd
c/o Dana Warren
500 Union St., Ste. 900
Seattle, WA 98101 (206) 749-9484
Applicant
Representative: Nate Thomas
Architects Thomas
4725 Taylor Ave. NE
Bainbridge Island, WA 98110 (206) 842-3559
Request: Vacation of Kitsap County Short Plat/Planned Unit Development
No. 1927.
Location: Blakely Avenue NE, being a portion of Section 3, T. 24N., R. 2W.,
W.M.
Zoning
Designation: R-0.4, one residential unit per 2.5 acres density.
Comprehensive
Plan Designation: ORS -0.4, Open Space Residential, one residential unit per 2.5
acres density.
Environmental
Review: Exempt from State Environmental Policy Act (SEPA) review
WAC 197-11-800 (6)(a).
Brainerd PUD Vacation CONO2-26-01-1/PRJ10399 staff report May 17, 2001 page 1
Recommendation
This staff recommends the vacation be approved. A draft resolution will be provided for
signature by the City Council to enact this vacation. The resolution, when signed, will be
recorded with the County Auditor for execution of the SP/PUD vacation.
Brainerd PUD Vacation CONO2-26-01-1/PR]10399 staff report May 17, 2001 page 2
Staff Analysis
I. FINDINGS OF FACT
A. Site Characteristics
AREA AND DIMENSIONS:
a. Tax Lot Number 032402-2-002-2007; 032402-2-045-2006;
032402-2-046-2005;032402-2-047-2004;
032402-2-048-2003; and, 032402-2-049-2002.
b. Assessor's Record Information
Owners of record Paul & Deborah Brainerd
Site size: 5 acres
Land use: Educational facilities, unimproved
SITE DEVELOPMENT:
The five -acre site has consisted of mature vegetation with no water bodies.
Currently under construction is the "Puget Sound Environmental Leaming
Center" across a much larger overall area (256 acres), including buildings,
access routes, and appurtenance utilities. The Learning Center was
approved by the City of Bainbridge Island (file no. CUP07-06-99-1) to
construct and operate approximately 75,000 S.F. of buildings, on-site staff
residences and student lodging and classrooms. Road and parking area
construction is occurring on the Leaming Center site.
Short Plat/Planned Unit Development No. 1927 (SP/PUD 1927) was
approved in 1979 by Kitsap County. The City does not have record of the
application proceedings, other than those documents recorded with the
County Auditor. There are restrictive covenants, open space provisions,
and access and utility easements associated with the SP/PUD that can no
longer be perfected because of the Learning Center's approval.
The City does not consider the six lots within SP/PUD 1927 available for
development other than as approved under the CUP07-06-99-1. Approval_
of CUP07-06-99-1 was conditioned on eliminating all abilities to develop
this SP/PUD:
Conclusion 10. Once a Conditional Use Permit is approved, no
building or development shall occur contrary to that specified in the
Conditional Use Permit. BIMC 18.108.050.
Nan-SEPA Condition 18. To prevent buildings from straddling
property lines, the internal property lines shall be adjusted or
eliminated prior to building permit application submittal. (March 6,
2000 approval)
Brainerd PUD Vacation CONO2-26-01-LPRJ10399 staff report May 17, 2001 page 3
A Boundary Line Adjustment application was submitted (file no. BLA03-
17-00-1) March 17, 2000 to resolve the internal lot lines, pursuant to
CUP07-06-99-1. However, a BLA application does not resolve vacation
of a PUD, as PUD vacation is a legislative action. Therefore, conditions
of BLA03-17-00-1 approval by the City also included requiring submittal
of application to vacate SP/PUD 1927:
1. a. Final vacation and rescinding of Short Plat/Planned Unit
Development No. 1927 (SP 192 7) and all development rights.
restrictive covenants, open space provisions, and associated
access and utilities easements shall occur within one calendar
year of the approval herein.
b. Vacation and rescinding of SP 1927 was a requirement of the
City of Bainbridge Island's approval of application file no.
CUP07-06-99-1. These six short plat lots presently maintain
an assigned tax parcel number and are described as separate
lots of record within the title report; for purposes of this lot
line adjustment these short plat lots are considered one lot
available for single-family residential use.
c. Responsibility for commencing and finalizing vacation and
rescinding of SP 1927 shall be solely that of the Brainerd
applicants. All necessary City of Bainbridge Island review
processes for such vacation and rescinding shall be determined
in a formal consultation request submitted within 60 calendar
days of the approval herein to the City Department of Planning
& Community Development.
d. Failure on the part of the Brainerd applicants or their assigns
to commence and complete conditions La. and I.c. herein shall
result in the placing of a hold on all City land use application
processes associated with BLA03-17-00-1 and CUP07-06-99-
1, including building permits. The hold shall remain in place
until resolution of noncompliance is found to the satisfaction of
the City of Bainbridge Island Director of Planning &
Community Development.
The City does not maintain an application process to vacate undeveloped
PUD's. Therefore, through a formal consultation process (file no.
CONO2-26-01-1) the vacation is herein considered.
ACCESS:
The site is accessed off the public right of way Blakely Avenue NE.
4. SURROUNDING USES/ZONING/COMPREHENSIVE PLAN
DESIGNATIONS:
The subject site and surrounding vicinity is composed of single-family
residences, a public elementary school, a cemetery, a private educational
learning center complex with public recreation features, and undeveloped
open space. Zoning for the site and surrounding vicinity is R-0.4, and a
Brainerd PUD Vacation CONO2-26-01-11PRI10399 staff report May 17, 2001 page 4
comprehensive plan designation of OSR-0.4. Both of these designations
indicate a density of one residential unit per 2.5 acres.
B. History
1. February 26, 2001, the City received a consultation request (file no. CONO2-
26-01 - 1) to resolve vacation ofKitsap County SP/PUD 1927. Beginning this
consultation process was a condition of approval of application CUP07-06-99-
1 (issued March 6, 2000) and BLA03-17-00-1 (issued December 20, 2000).
2. May 22, 2001, a public hearing was held by the City Hearing Examiner on the
vacation request.
3. One comment was received regarding the vacation, under application review
for BLA03-17-00-1:
i. City of Bainbridge Island Department of Public Works (date stamped
December 15, 2000)
C. Land Use Code Requirements
BIMC Chapter 16.04 Environment.
a. The requested vacation is exempted from SEPA review under WAC
197-11-800(6)(a), Minor land use decisions.
BIMC Title 17 Subdivision.
a. BIMC 17.12.160 Amendment to approved short subdivision. A short
subdivision which has been approved and recorded may be amended
upon application of the owners of all lots which are being amended.
The contents and procedure for an amended application shall be that
for an application in the first instance, excepting that minor alterations
regarding homesite location and/or open space usage shall be approved
administratively consistent with the procedures and requirement of
Chapter 2.16. Short plat amendment or vacation is an
administrative process. This short plat was approved also as a
PUD, thus the more extensive process of PUD vacation is
necessary. The City's PUD processes are found under Title 18.
3. BIMC Title 18 Zoning.
a. 18.120.020 PUD -process overview.
D. A PUD application shall be reviewed under the laws in effect at
the time the application is approved or disapproved. The
Kitsap County land use controls of 1977 are reviewed
herein, to the extent the information was provided.
b. 18.120.130 Adjustments to a PUD permit.
Brainerd PUD Vacation CONO2-26-01-1/PRJ10399 staff report May 17, 2001 page 5
B. Adjustments other than minor adjustments to an approved PUD
require an amended permit and shall be processed in the same
manner as a new PUD permit application. The vacation
action has been considered other than a minor adjustment.
An attempt has been made to process the vacation pursuant
to both the 1977 County controls the PUD was approved
under and 2001 City controls now in effect for any new
PUD application.
c. 18.120.160 Merger with subdivision.
A. Procedure. The city may review and decide on a subdivision or
short subdivision at the same hearing as the PUD to the extent
allowed by the city and state subdivision regulations. The
current City controls allow pairing of a short plat with a
PUD, as did the 1977 County controls.
d. 18.120.150 Revocation of permit. A PUD permit may be revoked by
final decision of the hearing examiner in accordance with BIMC
2.16. 100 upon the finding of any one or more of the following:
A. That the approval was obtained by deception, fraud or other
intentional or misleading representation; or No such actions
are implied. The site has simply never been developed as
approved for SP/PUD 1927.
B. That the development of the subject property has not been
consistent with the PUD permit. No improvements have been
installed at the site regarding the SP/PUD. There are now
active improvements being made at the site for the
Learning Center CUP that are clearly not consistent with
the SP/PUD approval. Condition 18 of CUP approval
required the removal of the SP/PUD in order to go forward.
4. Kitsap County Code.
a. The Kitsap County Board of Commissioners approved PUD/SP
1927 in 1979.
The City has in its possession a complete copy of the June 1983
(Amended 3/90) edition of The Kitsap County Zoning Ordinance.
A City staff person attempted several times to obtain a copy of the
zoning controls in effect in 1979. A portion of the 1977 controls
regarding "Amendments, Planned Unit Developments..." was
delivered to the City. Jeff Smith, Planner, Kitsap County Dept. of
Community Development (12+ years with department), stated that
the August, 1977 Kitsap County Zoning Ordinance section was in
effect through 1979.
Joining of PUD land use with a short plat was set out in County
land use controls at that time or else the approval would not have
been issued.
Brainerd PUD Vacation CONO2-26-01-11PRJ10399 staff report May 17, 2001 page 6
The PUD portion of the project was what would have allowed for
design flexibility beyond that normally permitted under a
standard SP, such as clustering structures, eliminating lot area
and setback requirements, and allowing open space areas. This
was explicitly in County controls by at least 1990, but appears to
have been in effect in 1979 based on what was approved at the
time.
Vacation of a short plat by itself (no public dedication to vacate
either) would not normally involve legislative action. However,
the PUD portion of the project required the County legislative
body to approve it (so stated in the 1977 County controls), thus a
legislative body must "unapprove" it.
The current City process states a PUD application shall be
reviewed under the laws in effect at the time the application was
approved or disapproved (BIMC 18.120.0201D]).
The Kitsap County Code circa 1979 appeared to provide for the
Planning Commission to review the application in a public session
and for the County Board of Commissioners (legislative body) to
make the decision. The term "hearing" is not used in the 1977
County controls until it refers to the Board of County
Commissioners' actions, however the text indicates the Planning
Commission does all the considering. It is unclear which body
held the public hearing. Rescinding the PUD is, however,
mentioned in 1990.
q. Recision of PUD. A PUD may be rescinded if the owners or
occupants of the property encompassed by the PUD fail to
comply with the conditions imposed. .... (1990 Kitsap Co.
Zoning Ord., Sect. 14)
In attempting to follow the County's process under the City's
present review bodies, the vacation has been placed on the agenda
of the City Hearing Examiner to conduct an open record public
hearing. The Examiner will establish the record and make a
recommendation to the City Council. The City Council will in
turn hold a closed record public meeting to review the Examiner's
record and issue their decision on vacation.
The City does not maintain a PUD vacation request form. The
formal consultation request of February 26, 2001 and information
submitted under BLA03-17-00-1 have been considered sufficient
documentation of the owners' intent to vacate.
II. CONCLUSIONS
A. Site Characteristics
The requested vacation is appropriate for the site and necessary in order tc
perfect site improvements being performed pursuant to construction of the
Puget Sound Environmental Learning Center CUP07-06-99-1.
Brainerd PUD Vacation C )NO2-26-0 I - I /PRJ 10399 staff report May 17, 2001 page 7
B. History
This vacation application is properly before the Hearing Examiner for
recommendation within an open record public hearing process. The
Examiner's recommendation will be forwarded to the City Council for final
action within a closed record meeting.
C. Land Use Code Requirements
The vacation complies with the applicable provisions of the Bainbridge
Island Municipal Code. The requested vacation is appropriate for the site
and necessary in order to perfect other City land use approvals (file no.
CUP07-06-99-1 and BLA03-17-00-1) pursuant to BIMC Title 17 and Title 18.
D. SEPA Determination
The vacation has been considered exempt from review under SEPA.
III. APPEAL PROCEDURES
The recommendation of the Hearing Examiner is not available for appeal. The
final action of the City Council, upon its occurrence, may be appealed in
accordance with the procedures of BIMC 2.16.130 and other applicable code
sections.
Brainerd PUD Vacation CONO2-26-01-IIPRJ10399 staff report May 17, 2001 page 8
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Section 3. The City Council hereby vacates and revokes Kitsap County Short
Plat/Planned Unit Development No. 1927, as recorded under AFN 7908220127. The
applicant shall record a copy of this Resolution with the Kitsap County Auditor.
PASSED by the City Council this 24`h day of October 2001
APPROVED by the Mayor this 25`h day of October, 2001
Dwight Sutton, Mayor
ATTEST/AUTHENTICATE:
SAN P. KASPER, City Clerk
FILED WITH THE CITY CLERK: October 17, 2001
PASSED BY THE CITY COUNCIL: October 24, 2001
RESOLUTION NO.: 2001-53