RES 2013-11 ERICKSEN URBAN COTTAGES FSUB
Memorandum City of Bainbridge Island
Department of Planning and
Community Development
To: City Council
From: Kelly Tayara, Planner
Date: May 14, 2013
Re: Ericksen Urban Cottages HDDP Final Subdivision FSUB13025
Applicant: Ahn Quach
190 Harbor Square Loop # C-225
Bainbridge Island, WA 98110
Request: The applicant requests final approval to subdivide a 1.08 acre site into 16 lots.
Location: The subject property is located in the 600 block along the west side of Ericksen
Avenue. Lots 1 and 4 of the City of Winslow Short Plat recorded under Kitsap
County Auditor’s File No. 1132486 situate in the SW Quarter of the NW Quarter of
Sec 26, Twp 25 N, Range 2 E, W.M. in Kitsap County, Washington.
The preliminary subdivision of the Ericksen Urban Cottages Housing Design Demonstration
Project was approved on June 6, 2012 subject to the following conditions. As noted in the
annotations in bold font, the conditions applicable to subdivision have been satisfied and staff
recommends approval of the final plat.
SEPA Condition
1. To avoid impacts to archaeological resources, a contractor is required to stop work and
immediately notify the Department of Planning and Community Development and the
Washington State Office of Archaeology and Historic Preservation if any historical or
archaeological artifacts are uncovered during excavation or construction.
This item is noted on the final plat drawings.
Project Conditions
2. Except for modifications reflecting compliance with these conditions of approval, the
completed development shall substantially conform to the preliminary subdivision and civil
drawings received February 24, 2012. At final plat submittal the applicant shall submit
subdivision and civil drawings that reflect these conditions of approval.
The final subdivision drawings depict all elements, including building setbacks, parking
facilities, common areas, and utility easements, in substantial conformance with the
preliminary subdivision drawings.
Ericksen Urban Cottages FSUB13025 Page 2 of 8
3. Prior to any construction activities, appropriate permits, including but not limited to right-of-
way permits and license agreements, road approach permits, clearing, grading, and building
permits, shall be obtained from the City.
This item is noted on the final plat drawings. (Attachment E)
4. If a school impact fee is in effect at the time of building permit issuance, it shall be the
responsibility of an applicant constructing the residential unit to pay the school impact fee
(BIMC 15.28).
This item is noted on the final plat drawings. (Attachment E)
5. At time of building permit application, the applicant shall submit outdoor lighting plans that
demonstrate compliance with BIMC 15.34. Freestanding lighting shall have a maximum
height of 14 feet including the base and casing.
This item is noted on the final plat drawings. (Attachment E)
6. The project is subject to the following conditions of approval as determined by the satisfaction
of the City Engineer:
a. Civil construction plans prepared by a civil engineer licensed in the State of Washington
will be required prior to final plat application. Civil construction plans shall contain
design for all roads, storm drainage facilities, sanitary sewer and water facilities and
appurtenances for each project stage, prepared by the developer’s engineer. No building
construction shall be commenced until civil construction is completed or an assurance
device is accepted.
Civil construction plans were submitted and approved by the City Engineer (City
File No. PU18111). Completion of civil construction that remains incomplete is
assured. (Attachment C)
b. As-built civil construction plans are required to be submitted and approved to the
satisfaction of the City Engineer prior to the issuance of a certificate of occupancy.
This item is noted on the final plat drawings and completion of the as-built civil
construction plans is assured. (Attachment C)
c. BIMC 17.04.119 provides: In lieu of completion of improvements with conditions of a
preliminary plat approval, the City Council may accept an assurance device, other than a
bond, in an amount and in a form determined by the City Council, which secures and
provides for the construction and installation of improvements or the performance of
conditions within one year, or such additional time as the City Council determines is
appropriate after final plat approval. In addition, the City Council shall require an
assurance device, including a bond, securing the successful operation of improvements for
one year after the City’s acceptance of the improvements; provided, that the City Council
may, upon recommendation of the City Engineer or the Director, extend the term of the
assurance device for up to two years for improvements that will not demonstrate
compliance with construction or installation requirements within one year. In the event an
assurance device is provided in lieu of completion of improvements, a prominent note on
the face of the final subdivision shall state: “The lots created by this subdivision are
Ericksen Urban Cottages FSUB13025 Page 3 of 8
subject to conditions of an assurance device held by the City for the completion of certain
necessary facilities. Building permits may not be issued and/or occupancy may not be
allowed until such necessary facilities are completed and approved by the City of
Bainbridge Island. All purchasers shall satisfy themselves as to the status of completion
of the necessary facilities.”
The City Engineer reviewed and approved the final subdivision. Required facilities
are completed or assured and the final plat mylar contains the assurance notation.
(Attachments A, C)
d. A Stormwater Pollution Prevention Plan (SWPPP) is required to be submitted to the City
prior to building and civil construction activities. Stormwater quality treatment, erosion
and sedimentation control shall be designed in accordance with BIMC15.20. The submittal
documents shall be prepared by a civil engineer licensed in the State of Washington. The
SWPPP shall include off-street accommodation for construction vehicle parking.
The Stormwater Pollution Prevention Plan was submitted with the approved civil
plans (City File No. PU18111).
e. A maintenance plan shall be developed for the on-going maintenance of the storm
drainage system upon completion of construction. The applicant will provide the City
with a copy of the plan for review upon completion of facilities and approval prior to the
issuance of building permits.
The storm drainage facilities maintenance plan has been provided. (Attachment D)
f. The owners or the ownership entity shall be responsible for maintenance of the permanent
on-site storm drainage facilities for this development following construction. An
agreement in the form of a Declaration of Covenant that guarantees the City that the
system will be properly maintained will be required prior to the issuance of building
permits. Wording must be included in the covenant that will allow the City to inspect the
system and perform the necessary maintenance in the event the system is not performing
properly. This would be done only after notifying the owners and giving them reasonable
time to do the necessary work. Should City forces be required to perform the work, the
owners will be responsible for reimbursement to the City the maximum amount allowed
by law.
The Declaration of Covenant for owner maintenance of the storm drainage facilities
has been provided. (Attachment D)
g. A 20-foot wide right-of-way dedication is required measured from the northern line of
applicant's property (as shown on the Adams & Goldsworthy survey, dated 1/7/11) along
the entire length of the property's Knechtel Way frontage.
The appropriate dedication is shown on the final plat drawings. (Attachment E)
h. Half street improvements are required along the entire length of the property’s Knechtel
Way frontage, limited to curb, gutter, a 5-foot wide public sidewalk and on-street parking.
The half street improvements are completed.
Ericksen Urban Cottages FSUB13025 Page 4 of 8
i. A handicapped-accessible ramp is required at the southwest corner of the intersection of
Knechtel Way and Ericksen Avenue.
The ramp is constructed.
j. Vehicular access to the lots shall be limited to a one-way internal roadway with ingress
from Knechtel Avenue and egress to Ericksen Avenue.
(1) A right-of-way dedication is required for the internal roadway, and the location shall
be in substantial conformance with the preliminary subdivision drawing.
(2) The right-of-way shall be 18.5 feet wide from Knechtel Way south for a length of 265
feet and shall be located immediately adjacent to the west property line.
(3) The westerly 6 inches of the right-of-way will be available to the applicant to locate
fencing.
(4) The right-of-way width may be reduced to 18 feet to accommodate the guest parking
spaces along the south property boundary.
(5) The right-of-way shall provide a 12 foot wide travel way and shoulder facilities
totaling 6 feet in width; provided, no shoulder shall be less than 2 feet in width.
(6) Transportation facilities shall be reviewed and approved by fire officials during the
civil construction design. All street facilities within the new right-of-way dedicated to
the public will be privately maintained, including stormwater facilities. Maintenance
responsibility shall be designated on the face of the final plat.
The appropriate dedication is shown on the final plat drawings. Completion of the
street improvements within the newly dedicated internal right-of way is assured.
Any items assured shall require final inspection and approval by the Fire Marshal
prior to issuance of any certificate of occupancy or release of assured facilities. A
Declaration of Covenant for owner maintenance of the storm drainage facilities has
been provided, and this responsibility is designated on the final plat drawings.
(Attachments C, E)
k. The developer's engineer shall certify that there is adequate sight distance at the site
entrances and exits. Such certification shall note the minimum required sight distance, the
actual sight distance provided, and a sight distance diagram showing the intersection
geometry drawn to scale, topographic and landscaping features, and the sight triangle. The
sight distance shall meet the requirements of the COBI Design and Construction
Standards.
The street improvements meet the COBI Design and Construction Standards;
adequate sight distance is provided.
l. The existing sewer “lateral” that crosses the subject property is currently a private facility.
The owner of the subject property shall submit to the City an agreement between that
owner and the neighboring parcels that authorizes the new connections to the “lateral” and
that identifies the maintenance responsibilities of both parties; and stating that the
responsibility for maintenance and repair of the sewer “lateral” is solely the responsibility
Ericksen Urban Cottages FSUB13025 Page 5 of 8
of the private owner, and indemnifying the City against any future claims for damages if
the City is forced to perform maintenance or repair of the existing sewer “lateral”.
The private sewer agreement has been provided.
m. Sewer and water utility plans shall be submitted that are designed per BIMC Title13 and
COBI Design Standards, including plan, profiles and details.
The sewer and water utility plans were submitted with the approved civil plans (City
File No. PU18111).
n. The owner is responsible for verifying the adequacy of the proposed water main to meet
fire flow requirements pursuant to the City of Bainbridge Island Municipal Code
13.10.065. Fire flow requirements to neighboring property must be maintained. Plans and
calculations showing how this level of pressure will be maintained will be provided to the
city.
The Fire Marshal noted compliance with fire flow requirements. Any items assured
shall require final inspection and approval by the Fire Marshal prior to issuance of
any certificate of occupancy.
o. The owner is responsible for maintenance of the proposed sanitary sewer and water
facilities for this development following construction. The owner of the subject property
shall submit to the City an agreement in the form of a Declaration of Covenant intended
for the current and future owners of the new lots (or ownership entity i.e. HOA) stating
that the responsibility for maintenance and repair of the on-site sewer and water facilities
are solely the responsibility of the private owner(s), and indemnifying the City against any
future claims for damages if the City is forced to perform maintenance or repair of any of
the private water or sewer facilities. Wording must be included in the covenant that will
allow the City to inspect the system and perform the necessary maintenance in the event
the system is not performing properly. This would be done only after notifying the owner
and giving him a reasonable time to do the necessary work. Should City forces be required
to perform the work, the owner will be responsible for reimbursement to the City the
maximum amount allowed by law.
The Declaration of Covenant for owner maintenance of the sewer and water facilities
has been provided. (Attachment D)
p. All private sewer laterals and connections on the property other than those proposed for
Lot 16 shall be located on private property and not in the new right-of-way dedicated to
the public (along the west and south sides of the subject property) or on any existing
public rights-of-way.
The approved civil plans depict private sewer laterals on private property (City File
No. PU18111).
q. A binding Water & Sewer Availability Commitment is required prior to final plat
application.
The applicant submitted binding availability letters. The Health District approved
the final plat. (Attachment B)
Ericksen Urban Cottages FSUB13025 Page 6 of 8
r. The owner of the subject property shall indicate the location of and provide documentation
for utility and access easements between the future lots as applicable where utilities are
proposed to cross lot boundaries.
The appropriate easements are shown on the final plat drawings. (Attachment E)
s. A right-of-way (ROW) construction permit will be required prior to any construction
activities within the right-of-way. The ROW permit will be subject to separate conditions
and bonding requirements.
This requirement is noted on the plat drawings. (Attachment E)
t. All lot corners shall be staked with three-quarter inch galvanized iron pipe and locator
stakes along with all other applicable survey provisions of state and City Ordinance.
To avoid disruption of stakes during construction, boundary and street monuments
and staking of lot corners is assured. (Attachment D)
u. A plat certificate shall be provided with final plat application.
The plat certificate has been provided.
7. The final plat shall meet the following conditions to the satisfaction of the Fire Marshal:
a. The internal roadway shall be designed to accommodate the weight of a 65,000 pound fire
apparatus. Pervious materials are permitted as long as applicable design specifications are
met and the edges of the shoulders are clearly visible.
b. The roadway and shoulders shall provide a minimum 13’6” overhead clearance.
c. The entire length of the roadway shall be marked as a fire lane: No parking shall be
permitted on the roadway or shoulders.
d. Construction and signage shall be to the satisfaction of the Fire Marshal.
Any items assured shall require final inspection and approval by the Fire Marshal prior
to issuance of any certificate of occupancy.
8. Pedestrian walkways shall be provided to assure safe access for Lots 10 – 15 between the
parking area and the residences. Walkways shall be surfaced with nonskid hard surfaces.
Construction of the walkways is assured (Attachment D).
9. The building setbacks shall be noted on the final subdivision. With the exception of up to 24
inch eaves on Lots 1-15, no portion of the buildings may extend into front setbacks.
Building to building: Minimum 0 feet*
Building to subdivision boundary: Minimum 5 feet*
Building to right-of-way Minimum 10 feet
*Subject to Building Official and Fire Marshal building permit approval.
This item is noted on the final plat drawings. (Attachment E)
10. The project must substantially conform to the Housing Design Demonstration Project (HDDP)
program criteria for innovative building design as demonstrated in the HDDP evaluation
Ericksen Urban Cottages FSUB13025 Page 7 of 8
scoring and application for the underlying land use permit, except as otherwise conditioned
through this approval:
a. The project must achieve LEED certification for each of the lots/units. Building permit
applications, construction and final occupancy shall comply with the certification
provisions of BIMC 18.38.040.H.
This item is noted on the final plat drawings. (Attachment E)
11. The maximum building height, as defined in BIMC 18.06.130, is 35 feet.
This item is noted on the final plat drawings. (Attachment E)
12. The applicant for construction of a residence on each of the lots shall purchase development
rights in conformance with BIMC 18.40.040, should the proposed floor area exceed the share
of the base floor area depicted on the plat.
This item is noted on the final plat drawings. (Attachment E)
13. All buildings shall be subject to the applicable sections of BIMC 18.41.030, Design
Guidelines for the Mixed Use Town Center and High School Road Zoning Districts, at time of
building permit application.
This item is noted on the final plat drawings. (Attachment E)
14. Residential development on Lots 1 – 9 and Lot 16 shall provide at least one parking space /
garage on each lot. Parking must meet the dimensional standards of BIMC 18.81.070. A
minimum total of 22 onsite parking spaces shall be provided for the project.
This item is noted on the final plat drawings. (Attachment E)
15. Prior to final plat application, the applicant shall provide field verification that at least four
significant trees to be retained, equaling at least15 percent of the total number of significant
trees, are all located on the subject property.
The applicant provided an arborist’s report prior to clearing for construction and noted
on survey drawings the trees to be retained (City File No. BLD13025CLR and
BLD13025CLR-B).
16. Prior to final plat application, the applicant shall provide a statement from a professional
arborist that contains recommendations as to whether a buffer of smaller trees shall be retained
or planted on the fringe of significant trees designated for preservation. The applicant shall
follow the planting recommendations of the arborist. Plantings shall be installed or assured
prior to final plat approval.
The applicant provided an arborist’s report prior to clearing for construction (City File
No. BLD13025CLR and BLD13025CLR-B). The arborist did not recommend additional
plantings as the area contains existing understory.
17. Significant trees designated for preservation and the area designated for significant tree
retention shall be depicted on the final plat drawing, and shall include critical root zones and
any additional fringe planting area. No significant tree removal shall be allowed on the site
until the significant tree retention plan, and a replanting plan if applicable, have been approved
by the Department of Planning and Community Development.
Ericksen Urban Cottages FSUB13025 Page 8 of 8
The significant tree retention areas are depicted on the final plat drawings. This item is
noted on the final plat drawings. (Attachment E)
18. Construction activities on Lot 16 shall comply with the following conditions:
a. Prior to any tree removal along the west boundary, the applicant shall provide field
verification that the trunk is completely within the subject property or provide agreement
of the neighboring property owner for removal.
b. No building, clearing or grading within the critical root zone of a significant tree
designated for preservation shall occur without a report from a consulting arborist
indicating how the tree will be preserved.
c. Prior to any construction activity, construction fencing shall be installed in such a manner
as to protect the critical root zone of significant trees designated for retention.
Construction activities in the vicinity of the significant tree retention area shall comply
with restrictions on grading and prohibition of other activities contained in BIMC
18.85.060.B.c-e.
d. If any significant trees are determined to be hazardous by a professional arborist, they may
be removed after a replanting plan has been approved by the Department of Planning and
Community Development. Trees approved for removal shall be replaced at a 3:1 ratio,
evergreen, and at least six feet in height at time of planting.
This item is noted on the final plat drawings. (Attachment E)
19. Conditions 1, 3 – 5, 7 – 14, 6 and15 if assured, and applicable portions of 16 - 18 shall be
listed on the final plat mylar.
The appropriate conditions are listed on the final plat drawings. (Attachment E)
20. The applicant shall remain responsible for the maintenance of all public storm drainage,
sanitary sewer and water, and street facilities required by these conditions, as well as all
private common areas constructed to serve the lots of the plat, until such responsibilities have
been transferred to and assumed by an operational homeowners' association comprised of the
owners of all the lots within the plat. The homeowners' association agreement and related plat
covenants shall be reviewed and approved by the City, and then recorded, prior to final plat
approval.
This item is noted on the final plat drawings. (Attachment E)
Attachments:
A. City Engineer Approval
B. Kitsap County Health District Approval
C. Plat Improvement Performance Assurity (Assignment of Account)
D. Declaration of Covenant (for maintenance & operation of private storm drainage, sanitary
sewer and water facilities)
E. Final Subdivision Drawings