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RES 2015-03 FERNCLIFF VILLAGE SUBDIVISION AMENDMENT City of Bainbridge Island Department of Planning and Community Development STAFF RECOMMENDATION Project: Ferncliff Village Preliminary Amendment to a Final Subdivision File number: SUBA15540 Date: April 22, 2015 To: City Council From: Katharine Cook, Director Project Manager: Kelly Tayara, Planner Applicant: Housing Resources Board PO Box 11391 Bainbridge Island, WA 98110 Location: The subject property is located on Curtis Loop, the 500-600 block of Ferncliff Avenue, and situate in the SE Quarter of the NW Quarter of Section 26, Township 25 North, Range 2 East, W.M. in Kitsap County, Washington. Environmental The project is subject to State Environmental Policy Act (SEPA) review as provided in Washington Administrative Code (WAC 197-11). Utilizing the optional DNS process provided in WAC 197-11-355, the City issued a combined Notice of Application/SEPA comment period on August 8, 2014. The 14-day comment period ended on August 22, 2014. The City has determined that existing environmental documents are appropriate for this proposal and provide adequate environmental review to satisfy the requirements of WAC 197-11-600. The City, acting as lead agency, adopts the following environmental document: Mitigated Determination of Non- Significance issued on February 18, 2011. Permit Process: A public participation meeting was held on March 4, 2014. A pre-application conference was held on March 18, 2014. Application for the plat amendment was received on July 2, 2014; the application was deemed complete on July 29, 2014. Notice of Application and SEPA comment period was published on August 8, 2014; two public comments were received, as discussed under Section II of this report. The City Council will consider the application for decision in a public hearing on April 28, 2015. Background: In 2011, Ferncliff Village was approved as a Tier 3 Housing Design Demonstration Project (HDDP) through three underlying land use permits. Ferncliff Village was a two-phase project: Phase I was a 25 lot subdivision with 24 single family residences and associated facilities; Phase II received site plan and design review approval and a conditional use permit to construct 24 multi-family units on Lot 25 of the subdivision. The applicant seeks approval to amend the 2011 subdivision in order to further subdivide Lot 25 into 16 single family lots, rather than constructing the 24 units of multi-family housing, and to reconfigure the adjacent open space tracts. The Housing Design Demonstration Project (HDDP) approval granted in 2011 remains in effect. This program required that the development achieve scores for housing diversity (20 points), innovative site development (21 points), and that the project achieve LEED Silver, BuiltGreen 4 or Evergreen Sustainable Development certification. The plat amendment is consistent with the 2011 HDDP approval. The housing diversity HDDP category required that the applicant provide a maximum home size of 1,600 square feet, and that at least 50 percent of the units qualify as affordable housing. The plat amendment provides maximum home size of 1,600 square feet and 100 percent affordable housing. The innovative site development HDDP category required that the applicant achieve points in several subcategories: Low Impact Development (LID), landscaping, common open space, and transportation. The project incorporates LID practices to reduce the volume of runoff from impervious areas. Additionally, the project provides native, drought-tolerant plants to reduce potable water use. The plat amendment includes several additional rain gardens to further LID goals. The development provides protection for significant trees and native vegetation, public trail facilities, a recreational field, a “pea patch” neighborhood garden, play structures, bicycle stalls, and a community bus shelter within the open space areas. The plat amendment provides open space areas consistent with the aggregate area of 2.5 acres approved in 2011. The project promotes reduced reliance on automobiles and encourages alternative modes of transportation by providing non-motorized trails to connect to the ferry terminal and downtown areas, and providing bicycle storage. The plat amendment provides additional internal walkways and paths. The project is also conditioned to assure Evergreen Sustainable Development, LEED Silver or BuiltGreen 4 certification. Recommendation: Approval of the preliminary amendment subject to the conditions of approval for the Ferncliff Village final subdivision, City File No. FSUB15540, issued on May 17, 2011, as modified below. New text is underlined, and any deleted text is shown by strike-through. SEPA MDNS Conditions HRB Ferncliff Village SUBA15540 (Ferncliff Townhomes) Page 2 of 17 1. To avoid environmental impacts and potential risk of ravine slope instability, the applicant shall follow the recommendations of a geotechnical engineer for site development, including site preparation, excavation, construction, vegetation management and stormwater facilities. The applicant shall meet the replanting requirements of BIMC 16.20 for stormwater facilities installed within the ravine slope or its buffer. 2. To avoid or mitigate environmental impacts, Washington State Department of Fish & Wildlife Hydraulic Project Approval may be required prior to construction of storm drainage facilities on this project. Copies of any required approvals must be submitted to the City prior to construction. A copy of all public agency approvals and approved drawings shall be given to all contractors performing work at the site prior to beginning any construction work. 3. To avoid impacts to archaeological resources, 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. 4. To mitigate public service impacts, the applicant shall provide a bus shelter designed to accommodate approximately 20 school children. The shelter shall be located in the northeast corner of the property within “Open Space Tract A” and/or the adjacent right-of-way. 5. To mitigate public service impacts, the applicant shall install a painted or thermoplastic crosswalk and appropriate related signage across Ferncliff Avenue at its intersection with Tiffany Meadows Drive. Installation shall be to the satisfaction of the City Engineer. 6. To mitigate aesthetic impacts, where feasible considering sight distance and safety, landscaping to screen the bus shelter from the adjacent property to the north shall be provided. Solid waste containers associated with the multi-family development shall be enclosed on all sides and screened with vegetation; chain link fencing shall not be used. 7. To mitigate public service and aesthetic impacts, the bus shelter, related landscaping and the crosswalk shall be installed or assured prior to final plat approval; an assurance device shall provide for construction within one year of final plat approval. The location and design of the shelter and related landscaping shall be to the satisfaction of the Department of Planning and Community Development and the City Engineer. Project Conditions 8. Condition 8 is modified as follows: The project must substantially conform to the Housing Design Demonstration Project (HDDP) program criteria for housing diversity, innovative site development and innovative building design as demonstrated in the HDDP evaluation scoring and applications for the underlying land use permits, except as otherwise conditioned through this approval: a. The completed project must provide that least 50 percent of the units remain affordable. A proportional amount of affordable housing units must be completed at or prior to completion of any market rate units. b. The maximum home size is 1600 square feet. c. The project must achieve the HDDP development standards related to Low Impact Development; prior to final plat approval, the applicant shall allocate impervious surface coverage for each of the lots and, where applicable, within the open space tracts. The final civil plans shall substantially conform to the capacity and facilities presented in the preliminary civil design drawings. HRB Ferncliff Village SUBA15540 (Ferncliff Townhomes) Page 3 of 17 d. The project must provide landscaping, open space, and transportation elements that substantially conform to those presented in the preliminary drawings, as modified by the plat amendment. e. The project must achieve LEED Silver, BuiltGreen 4 or Evergreen Sustainable Development certification for each of the lots/units. Building permit applications, construction and final occupancy shall comply with the certification provisions of the Housing Design Demonstration Project program BIMC 18.38.040.H. 9. Condition 9 is modified as follows: As a phased project, each phase must contain adequate infrastructure, open space, recreational facilities, landscaping and all other conditions of the project to stand alone if no other subsequent phases are developed. The roadway and related improvements, parking facilities, public trail improvements, bus shelter and related improvements, recreational facilities including play structure(s), bicycle facilities not associated with Phase II, landscape buffer planting, and stormwater facilities supporting Phase I, shall be constructed or assured prior to final plat amendment approval and prior to issuance of any construction permit for Phase II, unless the building permits for both phases are issued simultaneously. 10. This condition is deleted in its entirety: The applicant shall submit complete building permit application for Phase II, the multi-family buildings, within five years of the final decision on the application for Site Plan and Design Review and Conditional Use Permit; a one-year extension may be granted by the Director in accordance with the provisions of BIMC 18.105.100 and 18.108.070. a. The applicant shall apply BIMC 18.41.060, Design Guidelines for Multi-family Development in the R-8 and R-14 Zones, to the multi-family buildings in Phase II provided; that the guideline entitled “Screening Surface Parking” is satisfied by the 15 foot width full-screen vegetated buffer, shown on the site plans and conditioned through this report. The applicants shall seek a recommendation of approval from the Design Review Board regarding the multi-family portion of the site prior to construction of Phase II, the multi-family buildings. 11. 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. 12. Condition 12 is modified as follows: Except for modifications reflecting compliance with these conditions of approval, the completed development shall substantially conform to the preliminary subdivision drawings pages 1-8 received December 30, 2010, and pages 9-10 received March 17, 2011, plan sheet AS2.1, and the landscape drawings received June 30, 2010, as modified by the landscape, civil, and plat amendment drawings sheets 1 – 3 and 5 - 7 received on July 2, 2014, and sheet 4 received on April 21, 2015. The final subdivision drawings shall depict individually the buffer, building setback, and open space setback from the ravine. Upon application for final plat amendment submittal, the applicant shall submit landscape and civil drawings that reflect these conditions of approval; the drawings shall show the location and, as applicable, provide detail of easements, trails, walkways, parking facilities, stormwater facilities, utilities, the bicycle facilities, the bus shelter, solid waste facilities, mailboxes, neighborhood garden area, and recreation area facilities including the play structure. The final amendment drawings may HRB Ferncliff Village SUBA15540 (Ferncliff Townhomes) Page 4 of 17 reflect changes, such as those related to utility easements, parking facilities, and pedestrian facilities, as conditioned through this approval. 13. 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). 14. Condition 14 is modified as follows: At time of building permit application, the applicant shall submit outdoor lighting plans that demonstrate compliance with BIMC 18.15.040 15.34, Outdoor Lighting on Public and Private Property. Freestanding lighting shall have a maximum height of 14 feet including the base and casing. 15. Condition 15 is modified as follows: Construction shall conform to the Department of Ecology Western Washington Stormwater Manual and the City of Bainbridge Island Design and Construction Standards. Public and private improvements, facilities, and infrastructure, on and off the site that are required for the subdivision, shall be completed and have final inspection and approval prior to final plat amendment approval. The applicant shall comply with the following conditions to the satisfaction of the City Engineer: a. A Transportation Facility Certificate of Concurrency has been issued for this project in accordance with provisions contained in BIMC 15.40. Acceptance by the applicant of this preliminary plat approval shall constitute agreement in writing to construct and install all street improvements and make necessary dedications as conditioned. All dedications shall be shown on the final plat. b. The applicant shall provide a 30-foot width right-of-way dedication from the existing center line along the entire length of the property’s Ferncliff Avenue frontage, including any areas previously dedicated. c. The development shall provide, at a minimum, ten-foot width non-motorized public trail right-of-way/trail easements as depicted in the preliminary subdivision drawings. The public trail system connecting Ferncliff and Cave Avenues shall be constructed or assured prior to final plat amendment approval; any assurance device shall provide for construction within two years of final plat amendment approval. i. The trail shall be constructed to provide no less than a five foot width surface, and shall consider accessibility. ii. A contrasting, nonskid surface shall be installed where the trail crosses the roadway. iii.The final plat drawing and civil plan shall be revised to align the trail where it intersects the roadway to provide a minimal crossing area. iv.A path no less than three feet in width shall provide a connection between Tract G Lot 25 and Tract F to provide access to the public trail and recreation facilities. This path shall consider accessibility. d. The development shall provide, at a minimum, a ten-foot width non-motorized public trail right-of-way or trail easement along the west property line from the north property boundary to connect to the Cave Avenue right-of-way. e. Vehicular access to the development shall be limited to a one-way public street with ingress/egress via Ferncliff Avenue. The roadway shall meet the Residential Optional Suburban Street Standard. HRB Ferncliff Village SUBA15540 (Ferncliff Townhomes) Page 5 of 17 i. The roadway shall be located within a minimum 20 foot width dedicated right-of-way, and shall include a 12 foot width paved driving surface and three foot width gravel shoulders on each side. ii. Where feasible with regard to stormwater facilities, raised curbs shall define the entrance to the multi-family parking lot from the internal public roadway, define the ends of the multi-family parking lot aisle, and, if applicable, define pedestrian walkways from the internal roadway to the multi-family buildings. iii. Pedestrian walkways shall be provided to assure safe access from the parking area serving the multi-family buildings and to single-family residences where the associated parking is not located on the lot it serves. Walkways shall be surfaced with nonskid hard surfaces. iv. Where pedestrian walkways and/or trails cross vehicular driving lanes, the walkways shall be constructed of contrasting materials. v. Mailboxes for the entire development shall be located at the turnout nearest the ingress from Ferncliff Avenue, subject to the approval of the U.S. Postal Service. vi. Parking spaces shall meet the design standards of BIMC 18.81. Parking space dimensions shall not extend onto the shoulder areas. f. Prior to construction permit issuance, the applicant shall provide for the following to the satisfaction of the Fire Marshal: i. The roadway shall provide a minimum of three turnouts. While “standing” is permitted, “parking” is not permitted in the turnouts. The turnouts shall be appropriately signed. ii. The 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. iii. The roadway and shoulders shall provide a minimum 13’6” overhead clearance. iv. The entire length of the roadway shall be marked as a fire lane: No parking shall be permitted on the roadway or shoulders. v. Construction and signage shall be to the satisfaction of the Fire Marshal. vi. The applicant shall provide a new fire hydrant on the southeast portion of the internal road at its intersection with Ferncliff Avenue to the satisfaction of the Fire Marshal. New hydrants shall be equipped with a 4” Storz fitting on the pumper port. vii Civil plans showing the fire line, water meter connections, side sewer connections and sewer cleanouts shall be submitted during the plat utility permit. viii Residential fire sprinklers will be required for dwelling units. g. Water and sanitary sewer main extensions not located in public rights-of-way shall be located in easements no less than 15 feet in width. On-site main extensions shall be publicly owned and maintained; all mains shall allow access for maintenance. h. Prior to final subdivision amendment submittal, the applicant shall submit complete civil plans and drainage report for the proposed development to the City Engineer and the Department of Planning and Community Development for review and approval. The design shall be prepared by a Professional Engineer licensed in the State of Washington, and shall be in accordance with BIMC 15.20. Low Impact Development (LID) practices for stormwater mitigation must demonstrate compliance with BIMC 15.20.050. i. The plans shall depict all required improvements, and shall include roadway details and profiles, sanitary sewer, water, utility and storm drainage facilities, including easement location and dimensions. HRB Ferncliff Village SUBA15540 (Ferncliff Townhomes) Page 6 of 17 ii. The plans shall address grading, erosion and sedimentation control and include a Stormwater Pollution Prevention Plan (SWPPP). iii.The plan shall depict significant trees required to remain for the completed development; easements shall be located to avoid impacts to significant trees that will be retained. i. Prior to any construction activities, the applicant shall apply for provide to the City a National Pollutant Discharge Elimination System (NPDES) Construction Stormwater General Permit. j. Prior to final subdivision amendment approval, the applicant shall provide an Operations and Maintenance Plan and Declaration of Covenants approved by the City Engineer for all constructed stormwater facilities in accordance with BIMC 15.21. k. Prior to final subdivision approval and prior to construction, the applicant shall provide a drainage easement for stormwater facilities on the adjacent property (Winslow ravine stream). l. Binding water availability and sewer availability letters shall be submitted with final plat amendment application. m. 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. n. A plat certificate shall be provided with the final subdivision amendment application. o. BIMC 2.16.160. L 17.04.119 provides that long subdivisions shall be subject to the same provisions regarding assurance of improvements as described in BIMC 2.16.070.N: In lieu of completion of improvements with conditions of a preliminary plat approval, the City Engineer Council may accept an assurance device, other than a bond, in an amount and in a form determined by the City Council, but not to exceed 125 percent of the established cost of completing the infrastructure, that which secures and provides for the actual construction and installation of improvements or the performance of conditions within one year, or such additional time as the City Engineer Council determines is appropriate after final plat approval. In addition, the City Engineer Council shall require an assurance device, including a bond, securing the successful performance operation of improvements for two one years 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 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 may require the applicant provide assurances of improvements for all lots in an approved subdivision before the City will approve final occupancy for more than 80 percent of the lots shown on the subdivision. 16. The building setbacks are as follows and shall be noted on the final subdivision: Building to building: Minimum 0 feet* Building to subdivision boundary: Minimum 5 feet Building to right-of-way Minimum 10 feet HRB Ferncliff Village SUBA15540 (Ferncliff Townhomes) Page 7 of 17 Building to trail / open space: Minimum 10 feet *Subject to Building Official and Fire Marshal building permit approval. 17. Condition 17 is modified as follows: The total available lot coverage of 65,000 square feet for the development shall be allocated on the face of the final plat. The final plat amendment shall reflect maximum lot coverage of 1,600 square feet per lot for Lots 1 – 24, and 26,600 1,337 square feet per lot for Lot 25 Lots 26 – 41, a total of 250 square feet in Tracts A and G, 800 square feet for Tract E, and 3,150 square feet for Tract H ; the final plat allocation shall include lot coverage for the bus shelter and covered bicycle facilities. 18. Condition 18 is modified as follows: The maximum building height of multi-family buildings in Phase II is 30 feet; the maximum height of all other buildings and structures is 25 feet. 19. Condition 19 is modified as follows: A minimum of 24 bicycle stalls shall be provided to serve the development. A minimum of 16 covered bicycle stalls shall be located to provide primary service to the multifamily units. The remaining A minimum of eight stalls shall be located to within close proximity to the public trail. Stalls may be located in open space tracts. All bike facilities shall provide for secure locking of both the frame and the wheels. 20. Condition 20 is modified as follows: Prior to issuance of any building permit, applicant shall plant the 15 foot width buffer areas along the north and east boundaries to, at a minimum, full screen standards (BIMC 18.15.010 18.85.070.B.1). Plantings shall be installed or assured prior to final plat approval; an assurance device shall provide for installation within one year of final plat amendment approval, and a maintenance device provided in accordance with BIMC 18.15 18.85. 21. Condition 21 is modified as follows: a. Landscape buffers shall be maintained in conformance with the required vegetated screen standards. No vegetation within the buffers shall be disturbed without approval of the Department of Planning and Community Development through an approved landscape, clearing, grading, or civil plan. b. The applicant shall provide and maintain a 15 foot width roadside landscape buffer along the entire length of the Tract A Ferncliff Avenue road frontage that meets the full-screen vegetation requirements of BIMC 18.15.010. i. Prior to issuance of any building permit, the applicant shall submit a landscape planting plan and obtain the approval of the Department of Planning and Community Development. ii. Prior to temporary or final occupancy of any of the buildings within Phase II (Ferncliff Townhomes), the applicant shall plant required parking lot landscaping and landscape buffers. 22. Condition 22 is modified as follows: Prior to any construction activity, construction fencing shall be installed in such a manner as to protect the drip line of significant trees and native vegetation within open space areas and buffers. A. Construction fencing shall be installed along the interior boundary of Tract A, the interior boundary of Tract E, and along the interior landscape buffer area on Tract H. HRB Ferncliff Village SUBA15540 (Ferncliff Townhomes) Page 8 of 17 B. Prior to any earth disturbance and installation of the fencing, an area of prohibited disturbance, generally corresponding to the dripline or critical root zone of trees to be preserved, shall be identified by the applicant’s professional arborist, marked by flags in the field, and approved by the Department. C. The fencing shall be four feet in height at a minimum, constructed of polyethylene material, and installed on t-posts that are a maximum of six feet apart to ensure fence rigidity. D. The fencing shall be posted at 50 foot intervals with signage that is weather-resistant, no less than 8.5 * 11 inches in size, and in substantial conformance with the Vegetation Protection Zone signage in Attachment E of this report; the top third of the sign shall be a bright red background. 23. Condition 23 is modified as follows: Significant trees designated for preservation shall be shown on the final subdivision. A minimum of 30 percent of the existing significant tree canopy on the site, or 15 percent of the existing significant trees on site at time of preliminary plat application, shall be retained. 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. 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. All significant tree and tree stands located in the perimeter landscape buffer areas must be maintained in accordance with the provisions of BIMC 18.15.010 18.85.060. 24. Condition 24 is modified as follows: A final Open Space Management Plan shall be submitted with the final plat application. The approved uses in the final Open Space Management Plan (OSMP) shall comply with the requirements contained in BIMC Title 17 17.04 and BIMC Title 18. Due to the geologically hazardous nature of the open space areas, the final OSMP must reflect allowed uses in Tract F, including provisions for stormwater conveyance and vegetation requirements of BIMC 16.20. Stormwater systems in substantial conformance with the preliminary civil drawings shall be permitted in the open space areas. The OSMP shall provide for use / maintenance of the bus shelter, recreational area, play structure(s), “pea patch”and any, bicycle storage facilities, and any other community structures located therein. 25. Conditions 1 – 3; 7 if assured; applicable portions 8; 11; 13; 14; applicable portions of 15; 16 – 18; 20 if assured; and reference to landscape / vegetation requirements contained in 21 – 24 shall be listed on the final plat mylar. Staff Analyses: Findings of Fact I. Site Characteristics A. Tax Assessor Information: 1. Tax Lot Numbers: 5587-000-026-0000; 5587-000-030-0004; 5587-000-025-0001 HRB Ferncliff Village SUBA15540 (Ferncliff Townhomes) Page 9 of 17 2. Owners of record: Housing Resources Board 3. Lot size: Lot 25 is .96 acre, Tract A is .27 acre, and Tract E is 1.7 acres. 4. Land use: Currently an undeveloped lot and two open space tracts B. Terrain: The subject property generally slopes up westerly from the east. The crest of the Winslow ravine defines the west property boundary; immediately west of the site, the ravine slopes steeply down to a stream. The crest of the ravine varies in height between 57 and 66 feet above the stream bed along the property boundary and is highest at the north end of the property. The ravine is a critical area as defined in BIMC 16.20. C. Soils: The preliminary geotechnical analysis submitted with application (Myers Biodynamics Inc. May 30, 2008) generally characterizes the subsurface soil conditions as a vertical sequence of topsoil and forest duff over weathered native soils composed of gravelly sandy silt. The report indicates it is likely that seasonal perched groundwater occurs within the shallow site soils. D. Site Development: Lot 25 of the Ferncliff Village subdivision is undeveloped, and Lots 1 – 24 are developed with single family residences. Open Space Tract A contains a community bus shelter. Open space Tract E contains a public trail, community garden, community play area, and elements of the stormwater distribution system that serve Phase I. E. Access: The proposed development is accessed via Curtis Loop from Ferncliff Avenue. F. Public Services and Utilities: 1. Police: Bainbridge Island Police Department 2. Fire: Bainbridge Island Fire District 3. Schools: Bainbridge Island School District 4. Water: City of Bainbridge Island 5. Sewer: City of Bainbridge Island (Winslow Sanitary Sewer System) 6. Storm drainage: Several methods are proposed to treat stormwater: On-site rain gardens, detention ponds and dispersion, as well as off-site discharge to the storm drain system in Ferncliff Avenue and discharge to the Winslow ravine stream. G. Zoning / Comprehensive Plan Designation: The subject property is zoned R-3.5, 12,500 square feet per unit; the Comprehensive Plan designation is Semi-Urban Residential (SUR). The property is located within the Winslow Master Plan Study Area. H. Surrounding Zoning / Comprehensive Plan Designation: The properties to the north and south are zoned R-3.5; the Comprehensive Plan Designation for these properties is (SUR). The properties to east, across Ferncliff Avenue, are zoned R-2.9; the Comprehensive Plan designation for these properties is SUR. The properties to the west are zoned Mixed Use Town Center – Gateway Overlay District (MUTC-Gateway); the Comprehensive Plan designation for these properties is MUTC-Gateway. I. Surrounding Uses: The properties to the north, east and south contain single-family residential development. The property to the west, which contains the Winslow ravine stream, is undeveloped. II. Public / Agency Comment HRB Ferncliff Village SUBA15540 (Ferncliff Townhomes) Page 10 of 17 A. Public Comment Two public comments were received on the amendment application (Attachment D). One commenter expressed concern that the development does not retain significant native vegetation. A second commenter expressed opposition to eliminating vegetation on Lot 25, especially trees, and thereby altering the existing environment and impacting the biologic function the trees afford; the commenter suggested that a better use for the property would be making the area into a park. Lot 25 was approved in 2011 to provide for 24 multi-family units, and with the exception of a 15 foot landscape buffer along the north parking area, there was no requirement or intent to retain existing vegetation on the lot; open space tracts on either side of Lot 25 restricted significant tree and other vegetation removal. The plat amendment expands the area of disturbance by 6,000 square feet. The Ferncliff Village project retains 56,400 square feet of tree canopy, 35 percent of the tree canopy that existed prior to any development of the site. 65 percent of the canopy is located in the west portion of the development to afford protection to the Winslow ravine stream. B. Agency Comment The Bainbridge Island Fire District conditioned approval on the applicant providing civil plans showing the fire line, water meter connections, side sewer connections and sewer cleanouts at time of plat utility permit, and will require residential fire sprinklers for dwelling units; the plat amendment is conditioned accordingly. (Condition 8) III. Comprehensive Plan Goals and Policies Where necessary, Ferncliff Village was conditioned in 2011 to comply with the goals and policies of the Comprehensive Plan. The plat amendment is consistent with the 2011 approval and the Comprehensive Plan. The project is conditioned to notify the Department of Planning and Community Development and the Washington State Office of Archeology and Historic Preservation if any historical or archaeological artifacts are uncovered during excavation or construction. As a Housing Design Demonstration Project, the development incorporates innovative design and affordable housing. The project is conditioned to provide non-motorized facilities that consider neighborhood needs and are consistent with the Non-motorized Transportation Plan. (Conditions 2 – 5, 7 – 9. 13, 19, 21 – 24) IV. Land Use Code Analysis A. BIMC 2.16.160.M Amendment to an Approved Long Subdivision Proposals for alteration of a subdivision shall follow the provisions of RCW 58.17.215. 1. RCW 58.17.215 Alteration of Subdivision – Procedure Applicable portions of the code follow: HRB Ferncliff Village SUBA15540 (Ferncliff Townhomes) Page 11 of 17 When any person is interested in the alteration of any subdivision or the altering of any portion thereof, that person shall submit an application to request the alteration to the legislative authority of the city where the subdivision is located. The application shall contain the signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites, or divisions in the subject subdivision or portion to be altered. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof. Upon receipt of an application for alteration, the legislative body shall provide notice of the application to all owners of property within the subdivision, and as provided for in RCW 58.17.080 and 58.17.090. The notice shall either establish a date for a public hearing or provide that a hearing may be requested by a person receiving notice within fourteen days of receipt of the notice. The legislative body shall determine the public use and interest in the proposed alteration and may deny or approve the application for alteration. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties. After approval of the alteration, the legislative body shall order the applicant to produce a revised drawing of the approved alteration of the final plat or short plat, which after signature of the legislative authority, shall be filed with the county auditor to become the lawful plat of the property. The Housing Resources Board is the owner of all lots and tracts, including the 24 lots in Phase I that are developed with single-family residences. Notice of application was provided to owners on August 8, 2014, and included a statement that a public hearing would be held. Notice establishing the date for the City Council public hearing was published on April 10, 2015. B. BIMC 16.20 Critical Areas 1. Fish and Wildlife Habitat Conservation Areas: Streams in Ravines – Buffers BIMC 16.20.130 provides that for streams in ravines outside the Mixed Use Town Center with ravine sides 10 feet or greater in height, the buffer width shall be the greater of: The buffer width required for the stream type or a buffer width which extends 25 feet beyond the top of the ravine. A building surface setback line of 15 feet is required from the edge of any fish and wildlife habitat conservation area buffer. Minor structures such as decks or impervious surfaces such as driveways may be permitted if the director determines that such intrusions will not adversely impact the fish and wildlife habitat conservation areas. The crest of the Winslow ravine defines the west property boundary; immediately west of the site, the ravine slopes steeply down to a stream. The crest of the ravine varies in height between 57 and 66 feet above the stream bed along the property HRB Ferncliff Village SUBA15540 (Ferncliff Townhomes) Page 12 of 17 boundary. The proposed development provides the required ravine buffer and building setback. 2. Geologically Hazardous Areas BIMC 16.20.150 requires a buffer equal to the height of the slope or 50 feet, whichever is greater, from all edges of a landslide hazard area. All buildings and structures shall have a minimum setback of 15 feet from the edge of the buffer around landslide hazard areas. Landslide hazard areas on slopes 40 percent or greater shall only be altered as allowed by the exemptions listed in BIMC 16.20.150.F: Slopes or buffers may be used for approved surface water conveyance if no other reasonable alternative route is available, and installation techniques minimize disturbance to the slope and vegetation. The ravine on the adjacent property contains a slope that exceeds 40 percent and is defined as a landslide hazard area. As proposed, the development provides a buffer from the edge of the landslide area equal to the height of the slope in addition to the required setback from the edge of the buffer. C. BIMC Title 17 Subdivision regulation and Design Standards All subdivisions shall comply with standards in BIMC Title 15 (Buildings and Construction), Title 16 (Environment), and Title 18 (Zoning), as well as review and procedures in Title 2 and compliance with the provisions of RCW Title 58. All single family residential subdivisions shall be designed in accordance with the City’s flexible lot design requirements. Two types of flexible lot design are available: open space design or cluster design. For a Housing Design Demonstration Project, the open space requirements identified in this code section shall not be used; the open space provided in the subdivision is evaluated pursuant to the standards of the HDDP program. The subdivision approved in 2011 evaluated the open space as part of the Housing Design Demonstration Project evaluation criteria, as discussed above in the background section of this report. Though open space requirements of this municipal code section do not apply to HDDP projects, this code section contains guidance and regulations relevant to open space that are not contained elsewhere in the municipal code; therefore, the project approved in 2011 was conditioned to provide an open space management plan consistent with the requirements of Title 17, except as otherwise provided in the conditions of approval to further the goals of the HDDP program. The development provides protection for significant trees and native vegetation, public trail facilities, a recreational field, a “pea patch” neighborhood garden, play structures, bicycle stalls, and a community bus shelter within the open space areas. D. BIMC Title 18 Zoning 1. BIMC 18.12 Dimensional Standards Ferncliff Village was approved as a Housing Design Demonstration Project (HDDP) in 2011. The HDDP program provided that the following development standards could be modified as part of an approved housing design demonstration project: Density, lot size, lot dimensions, lot setbacks, lot coverage, open space, residential parking, and setbacks. HRB Ferncliff Village SUBA15540 (Ferncliff Townhomes) Page 13 of 17 Permitted setback and height modifications may be found in BIMC 18.12.040; rules of measurement that include required calculation methods to determine compliance with Title 18 requirements may be found in BIMC 18.12.050. a. BIMC Table 18.12.020-1 Flex Lot Dimensional Standards for Residential Districts i. Lot Area and Lot Dimensions The minimum required lot size is 5,000 square feet if served by public sewer system. The minimum required lot width is 50 feet. The subdivision approved in 2011 provided for modification of lot size standards through the Housing Design Demonstration Project approval. The smallest lot in Phase I of Ferncliff Village is 2,533 square feet in size, and the narrowest 32 feet. The smallest proposed lot size in Phase II is 1,062 square feet, and the largest 2,457 square feet; the median lot size is 1,357 square feet. The narrowest lot width is 18 feet. The Health District approved the modified plat configuration. ii. Density Maximum density in the R-3.5 district is one unit per 12,500 square feet of lot area. For a subdivision, the maximum number of lots is calculated by dividing the total lot area by the minimum lot area for standard lots in the district. The property is zoned R-3.5, one unit per 12,500 square feet of lot area. When Ferncliff Village was approved in 2011 as a Tier 3 demonstration project, the applicant was eligible for a density bonus incentive to provide up to 2.5 times the base density. The site contained 5.97 acres, 260,000 square feet; the base density was 20.8 units. The approved development provided 48 units, 2.3 times the base density. The proposed plat amendment provides for 16 single-family lots, rather than the 24 multi-family units previously approved, a total of 41 units, or 1.97 times the base density for the entire development. iii. Lot Coverage Maximum lot coverage in the R-3.5 district is 25 percent of lot area. When Ferncliff Village was approved in 2011, the lot area was 260,000 square feet and lot coverage was allocated in a manner that would ensure compliance with Tier 3 demonstration project requirements: Lot coverage was limited to 25 percent of the lot area, or 65,000 square feet (260,000 * .25). Lot coverage for Phase I was limited to 1,600 square feet per lot, the maximum unit size for a Tier 3 unit. The balance of the available lot coverage, 25,600 square feet, was allocated to Lot 25. The plat amendment allocates the lot area assigned to Lot 25 (25,600 square feet) as follows: 1,337 square feet per lot for Lot 25 Lots 26 – 41, a total of 250 square feet in Tracts A and G, 800 square feet for Tract E, and 3,150 square feet for Tract H ; the final amendment is conditioned to include allocation shall include lot coverage for the bus shelter and covered HRB Ferncliff Village SUBA15540 (Ferncliff Townhomes) Page 14 of 17 bicycle facilities. iv. Setbacks Required building setbacks in the R-3.5 district are as follows: To buildings The greater of 10 feet or as required by the Fire Code To exterior plat boundary 15 feet To arterial rights-of-way 40 feet To other streets 15 feet To trails 10 feet To open space 10 feet, unless the area is also a landscape buffer The subdivision approved in 2011 modified building setbacks through the Housing Design Demonstration Project approval as follows: To buildings 0 feet or as required by the Fire Code To exterior plat boundary 5 feet To arterial rights-of-way 10 feet To other streets 10 feet To trails 10 feet To open space 10 feet, unless the area is also a landscape buffer v. Building Height The maximum building height in the R-3.5 district is 25 feet. When the project was approved in 2011, the project was conditioned as follows: “The maximum building height of multi-family buildings in Phase II is 30 feet; the maximum height of all other buildings and structures is 25 feet.” As there are no longer multi-family buildings, the plat amendment is conditioned to limit building height to 25 feet. (Condition 8) 2. BIMC 18.15 Development Standards a. Landscaping, Screening, and Tree Requirements BIMC 18.15.010 The purpose of this section is to preserve the landscape character of the community. i. Tree Retention and Roadside Landscape Buffers Significant trees and tree stands located in roadside landscape buffers shall be retained. In the R-3.5 district a roadside buffer is not required unless it is determined necessary to maintain the character of the neighborhood or to reflect neighboring development patterns. The project is conditioned to provide a 15 foot width full-screen roadside landscape buffer to reflect neighboring development patterns. (Condition 7) When Ferncliff Village was approved in 2011, the existing tree canopy on the subject property encompassed approximately 163,400 square feet, and the project retained 35 percent of the existing canopy. The plat amendment is consistent with the 2011 approval, retaining 56,400 square feet of canopy, or 35 percent of the tree canopy that existed in 2011. ii. Full screen vegetation requirements. HRB Ferncliff Village SUBA15540 (Ferncliff Townhomes) Page 15 of 17 1) Trees. A minimum of 70 percent evergreen trees ranging in height from four feet to six feet at the time of planting with at least 50 percent being six feet high and deciduous trees with a caliper of at least two inches at the time of planting. At least 20 percent of the trees shall be native species and drought resistant. The number of trees is determined by dividing the length of the perimeter landscape buffer by 10 feet. 2) Shrubs. Evergreen shrubs at least 21 inches in height at the time of planting spaced no more than three feet on center to achieve minimum four feet height at maturity. The number of shrubs is determined by dividing the length of the perimeter by four feet. The plat amendment provides a 15 foot width landscape buffer to screen parking facilities and is conditioned to provide a 15 foot width roadside buffer along Ferncliff Avenue. The project is conditioned to meet the full screen landscape buffer requirements for these buffers. (Condition 21) 3. Parking BIMC 18.15.020 a. General Requirements Driveways, parking and walkways shall accommodate pedestrians, motor vehicles and bicycles used by occupants or visitors. With the exception of single-family and duplex buildings on individual lots, access and parking spaces shall be designed so that no backing movement by a vehicle, except emergency and service and delivery vehicles, shall be allowed onto a public right-of-way, provided, that the Director may waive this requirement where no reasonable design alternative exists. On- street parking created or designated in conjunction with and adjacent to a project may be included in the parking space calculation upon approval of the Director. The City Development Engineer found the proposed development provides adequately for circulation and that the parking spaces are adequately located and designed. b. Number of Automobile Spaces Required Two spaces for each primary dwelling unit are required within residential districts. Parking requirements may be reduced by 50 percent for dwelling units located within a one-half mile radius of the ferry terminal; the required number of parking spaces shall not be reduced below one space per dwelling unit. All parking lots shall comply with the minimum requirements for handicapped-accessible parking spaces. The site is located within one-half mile of the ferry terminal, and is eligible for a reduction in the required parking spaces. The plat amendment provides 27 parking spaces, including two handicapped-accessible parking spaces. c. Location of spaces. Parking is encouraged to be located behind, under, or to the side of buildings. Parking spaces serving dwelling units shall be located on the same lot with the building they serve. The plat amendment provides 18 spaces within a parking lot and nine spaces along Curtis Loop. In general the parking spaces are located in front of the homes or immediately adjacent to the Curtis Loop. The new spaces are not located on the lots they serve; the lots created through the plat amendment do not HRB Ferncliff Village SUBA15540 (Ferncliff Townhomes) Page 16 of 17 front the roadway. While the lots could be configured to incorporate a parking space “on the same lot with the building they serve”, the configuration would be awkward. The subdivision approval granted in 2011 provided relief from parking requirements; the proposed subdivision provided a parking lot along the north boundary for Phase II, and parking easements for lots in Phase I that did not front roadways, in order to further the goals of the Housing Design Demonstration Project (HDDP) program. The project was conditioned to provide a full-screen vegetation buffer along the north boundary to screen the parking lot. The proposed plat amendment provides a 15 foot width full-screen vegetated buffer to screen the parking lot. (Conditions 20, 21) 4. Design standards. Parking lots shall be designed according to BIMC Table 18.15.020-3. Space depth shall be measured exclusive of access drives, aisles and other physical obstructions. The proposed parking lot meets the design standards in BIMC 18.81.070. V. Conclusions As conditioned, the proposed development is consistent with the Comprehensive Plan and the applicable standards contained in BIMC Title 17 (Subdivisions), as modified Housing Design Demonstration Project provisions. Approval of the preliminary subdivision amendment shall constitute authorization for the applicant to develop the facilities and improvements in strict accordance with standards established by BIMC 2.16 and any conditions imposed. As provided in RCW 58.17, any lot in a final long subdivision plat filed for record shall be a valid land use for a period of five years from the date of filing the final subdivision, notwithstanding any change in zoning laws. Any lot in a final plat shall be governed by the terms of approval of the final long subdivision at the time of vested application, unless a change in conditions creates a serious threat to the public health or safety. Appropriate notice of application was made and comments were considered. The application is properly before the City Council for decision. Attachments A. Subdivision Amendment Application B. Subdivision Amendment Drawings C. Notice of Application and SEPA Comment Period D. Public Comment E. Vegetation Protection Signage HRB Ferncliff Village SUBA15540 (Ferncliff Townhomes) Page 17 of 17