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RES 2000-02 APPROVING THE TAURNIC PLACE PRELIM PLATRESOLUTION NO. 2000-02 A RESOLUTION of the City Council of the City of Bainbridge Island, Washington, approving the Taurnic Place preliminary plat (File No. SUB 04-15-99-1). WHEREAS, on April 15, 1999, Marcia Belforte filed a preliminary plat application with the Department of Planning and Community Development; and WHEREAS, the application proposes development of 10 residential lots on 2.66 acres of real property located immediately Southeast of the Grow Avenue and Wallace Way intersection; and WHEREAS, after review, the Department in its staff report to the Hearing Examiner Pro Tem recommended conditional approval of the preliminary plat; and . WHEREAS, on September 16, 1999, the Hearing Examiner Pro Tem conducted a public hearing on the application upon proper notice; and WHEREAS, on November 16, 1999, after granting a motion for reconsideration, the Hearing Examiner Pro Tem issued her Amended Findings of Fact, Conclusions of Law and Recommendation, recommending conditional approval of the preliminary plat; and WHEREAS, at its January 26, February 9, March 22, April 12, and May 10, 2000 meetings, the City Council considered the Hearing Examiner Pro Tem's Recommendation; now, therefore BE IT RESOLVED by the City Council of the City of Bainbridge Island, Washington, as follows: Section 1. The City Council adopts by reference the Amended Findings of Fact, Conclusions of Law and Recommendation of the Hearing Examiner Pro Tem dated November 16, 1999 (File No. SUB 04-15-99-1) and attached as Exhibit A to this resolution, except as modified by the following amendments: 1. Amendment of Conclusion of Law No. 9: There are no public parks directly adjoining this subdivision. However, as a condition of this subdivision, the applicants shall guarantee construction of bike lanes and wedkways-sidewalks be along Grow Avenue NW ead within six years of final plat approval upon request of the City. A pedestrian pathway has also been proposed to provide pedestrian access from Grow Avenue on the southwest corner of the property to Taumic Place, DOCS\94700\105\0196131.01 05/10/2000 - 1 - so that residents of the subdivision will have pedestrian access to Grow Avenue directly from the subdivision. 2. Amendment of Condition No. 3: A school impact fee of $3,030.00 is to be paid for each of the newly created lots. One half of the fee, $1,515.00, shall be paid prior to final plat approval and the balance shall be paid at the time of building permit issuance. The applicant may request exemption from payment of the school impact fee for the affordable housing unit. If the affordable unit qualifies for such an exemption, the applicant will not be responsible for payment of the corresponding school impact fee. 3. Amendment of Condition No. 8: For a period of six years following final plat approval, the applicants shall guarantee construction and installation of a sidewalk and bike path along Grow Avenue. The guarantee shall be secured through a surety company bond or by a setting aside of funds in a financial institution, in a manner, location, and amount determined by the City Engineer. asphalt paying shed! be added aleng the eastei% sheulder- ef GFew Ayefme as it abuts the weste pFepefty line ef this subdiYisien. A shitge& 5 to 6 feet wide asphWt payed stFip shaH be added to th south sho .lde of \57..11., a \Sl.. :t abuts the ..t. l f thisbd f.. Grew A J• Y~ Y J v uv safety,the sidewalk being eemtmeted oft the nefth side of Tatifnie Plaee fer- pedestFiea aeeess into the sub&,isieft. This 5 to 6 feet wide asphalt sheolder- will be sepe&ated ffem the r-ewiakiiit peffien e submitted, . ' ' . . eval of the fifteA plat fer- this sub&,isieft. if-, pfier- to eem4fuefien ef these f these same shoulder -9 shW! be kfipf:eyed with the 4. Amendment of Condition 15: The applicant shall enter into talks with the city regarding establishment of a pocket park along a portion of the Wallace Way frontage. To satisfy this condition, the applicant shall submit a letter, signed by the City Administrator, verifying that the discussions regarding city's interest in purchasing potential parkland had taken place. Plaw4ag DepaFtment, signed by the -City -e€Baiabridge-4slaad A isomer-, eenfiffning diL3lsl Siem Fe b.,..l inH,o !`:tcy'., :..to..o..t : ....1,,...:... Pete:.,t .,.... tl.l.,n a this site 1..,., take ..1..,.,. n b auv �.z , if s 1QCGWay-stfeet fie , cSted in til a Gempr-e iensiyR Ran. -1 the City has ne interest ift ftmdiag the deNtlepment of sueh a peeket pafk at this site at the pr-ese tkne, then . . i fef sueh site needs to be ineluded ift this prrelhmkiwy plat. md the DOCS\94700\105\0196131.01 05/10/2000 - 2 - Amendment of Condition 16: The applicable provisions of Conditions 3, 5, 7, 12, arA 13, and 18 shall appear as notes on the final plat. 6. Addition of Condition 18: Tandem parking may be utilized to increase theJlexibility in siting and designing the subdivision's residences. Section 2. The proposed subdivision, as depicted in Exhibit B, attached to this resolution and incorporated by reference, is in conformance with the zoning ordinance, comprehensive plan, subdivision regulations and standards, and all other applicable land use ordinances and statutes in effect at the time of submission of the complete application. Section 3. The final plat of the Taurnic Place subdivision shall state on its face that it is subject to the conditions of approval set forth in this resolution. PASSED by the City Council this 10th day of May 2000. APPROVED by the Mayor this 11 th day of May 2000. Dwight Sutton, Mayor ATTEST/AUTHENTICATE: Su an P. Kasper, City Clerk FILED WITH THE CITY CLERK: May 10, 2000 PASSED BY THE CITY COUNCIL: May 10 2000 RESOLUTION NO. 2000-02 DOCS\94700\105\0196131.01 05/10/2000 - 3 - AdffAftistfater—yer-ifying that di ;afdiag the City's interest ift par-ehming this petential site will satisfy this eepAifiefi. Amendment of Condition 16: The applicable provisions of Conditions 3, 5, 7, 12, arA 13, and 18 shall appear as notes on the final plat. 6. Addition of Condition 18: Tandem parking may be utilized to increase theJlexibility in siting and designing the subdivision's residences. Section 2. The proposed subdivision, as depicted in Exhibit B, attached to this resolution and incorporated by reference, is in conformance with the zoning ordinance, comprehensive plan, subdivision regulations and standards, and all other applicable land use ordinances and statutes in effect at the time of submission of the complete application. Section 3. The final plat of the Taurnic Place subdivision shall state on its face that it is subject to the conditions of approval set forth in this resolution. PASSED by the City Council this 10th day of May 2000. APPROVED by the Mayor this 11 th day of May 2000. Dwight Sutton, Mayor ATTEST/AUTHENTICATE: Su an P. Kasper, City Clerk FILED WITH THE CITY CLERK: May 10, 2000 PASSED BY THE CITY COUNCIL: May 10 2000 RESOLUTION NO. 2000-02 DOCS\94700\105\0196131.01 05/10/2000 - 3 - 01 11 218 ,,;-� Gym A �fi 1` Q. �✓ `��rV'On� �- fir .� 0 i �'' n✓-� ' ' (` I I "JO I + J orthwest corner Rlaht of way 1 I 1/2 W 1/2, SE 1/4, i Northeast corner Northeast corner 1 £ 1/4 �, X1,6 -� IYtzllace lYa 1VIY �'� ' w 1 2, SE 1/4, w / . St ---------------J ( / 1/4, E 1 2 �� I –'T---------------- __ N 875i'29• W Edge o/ pavement I I NE 1/4, NE 1/4 988. Edge of povemenf r 329.52_ _ �' R/ ht o/ wo 659.04' -----�----- P�op�=----------r— �i----ti— 164.7f- ---Q y'� .04' — — Edye of�o emenntEdQe o> pavement— b `-------L------- --�----- / 206 -�` i •`� N S 87*5329" — --- fir, 1464.25' ; ete 106' ` ? / . 1S0' r — — 206 lip21 Porch -0407 sq. ft. o 210 o` , 1 �\ �� �--- ,, 101 (ICL � 11, 437 sq. ft. ! _ douse 17,641 sq, ft. , I \ W I �J � ,• ,i �' I J� 123' eck 6A I-�__— - kk `�r <';' f (0,154 s t I ooti N r 206 (' . � � I 8, 742 ''sq, ft. ? / �, �1� CJI \ e ` �' 2Q' , �' / I `�L -- w r I Tannic Plage _ 20' "1 \ t1 - ! J 2041 04 1,3 �r2 234 sq. ft. 2021' C3 ! �-_'8415 sq.ft�/\ 10/ 7s ft. 6, 775 s11 q- ft. 9, 22 q• fl 6 N l • I \I 1 i + I / / ` 007 sq. ft. 200 1 1 9' �0 – 94 / Shed 126' / \ 79' J l N 87'5.i'29" W rya` 04 " ( �o� `- 464:07 I I a}y South line of N 28.0; S£ 1/4 NE'l/4 202 - 0� + I zoz EXHIBIT B I Zoo k C)1 193 10' Pedestrian and C'C' + storm drainage easement. F, of Ar EXHIBIT A V i OFFICE of E HSG EXAMINER FOR THE CITY OF BAINBREDGEISLAND In the matter of an Application for'relir nuina Flat Approval for NO. SUB04-1 - --1 , T rnic Place Subdivision. AMENDED FINDINGS OF FACT,, Marcia L. el ' rto Applicant. CONCLUSIONS 'LAW AND ECOMN ENDATIO RECOMMENDATION _ - The preliminary'nary plat for aurc Place Subdivision should be approved subject.to conditions imposed under the mitigated- I et r nination of Non -Significance issued August 11, 1999, 'and subject to additional non -SEPI. conditions reconnnended by the Department of Plann"ing and Community Development and the Hearing ExaminerPro' Tem. INTRODUCTION This app .cation for pr li m' a r plat approval upas- fled by Marsha Belforte, the owner o property located at the cornu- of grow Avenue NW, and Wallace Way NVV in the City of Bainbridge' Island. included in the sUb ivi t n is the p mazy residence of Ms. Belforte and her family which - is a home recently constructed on what is designated as Lot 10 of the proposed subdivision. The parcel is a .. ' acre site zoned R-4.3. The remainder of the parcel proposed to be subdivided is undeveloped and is covered by large trees and native vegetation. FINDINGS of FACT . This apliation for preUrninary plat approval seeks approval for a subdivision o real property owned by Marcia L. Belforte as her. separate propel and is legally described as: The North 280.00 feet of the East half of the West half of the Southeast quarter of the Northeast quarter and the North 280.00 feet of the west quarter of the E.asthalf of the. Southeast quarter o the Northeast quarter o Section 27, Township 25 North, Range 2 East W.M.� �i o Bainbridge island, fits p fou i , Washington. . Except the North 30.00 feet and the Fest 30.00 feet for roads. Findmigs of Fact, Conclusions of Law and Recommendation: Taumic Place SUB4-1 - -1 Page 4 -- �.- i . 2. This parcel i +4 yt+t •1' y •' will be required for the hary st tir b r on this parcel. (See EXF 21 . � �. ash Tribe was notified this application for residential subdivision �'. Fuqua pp . and filed comm ntsrith the City o Bainbridge Island letter dated August 19, E 1999 and included as Xff22. 12.. This subdivision is being developed according to the flexible lot design process and the flexible lot standards in Chapter 17.04 of the BIMC. ThQ proposed lots range in size from 51,007 square feet to 17,641- square feet. The residential lots will be served by `public surer and water. All of the proposed lots will have a width exceeding 50 feet and the required building setbacks and lot cover ge maximums' will be listed on the final plat and checked for compliance at the bine of Building Permit review. 13. Lot 6 in the proposed subdivision will be reserved for construction of a residence' which meets the City's affordable housing requirements as specked in BIM Chapter 1$."90. The Composite Open Space Pharr on page 36 of the Winslow Master Plan demotes a target site for a pocket park in the northeast corner of the subject. property. These target sites are, conceptual and do not identify a specific . location, however, the delrne tion shows a pocket park of approximately 10,00 } . square feet 'should be located in the vicinity of the Wallace 'may walk-way connecting Grow Avenue and Madison .venues Prior to a preliminary plat approval, the City's interest in purchasing -land for such a pocket park should be • deterrmned a ' • 14. r' F o y,.f7er-cent of�th site r desr to on the preliminary plat s Open Space. Ofi this total Open Space about one t.r-d consists of the streetin the subdivision, Taurn*o Place. The remaining Open. Space is located rn yards of the proposed lots. o Boot odebuffer is set aside along the property's eastern boundary and smaller buffers measuring 15 feet in width along the west property boundary and ` feet in. width along a portion of the north boundary are designated as. Open Space. The site does not adjoin any other Open Space areas or greenways. 15. A stormwater management system has been proposed for the site and will be + reviewed by the Public Works Department for approval prior to final plat approval. 1. The erghbrhood surrounding thus parcel has been developed withot sidewalks. Some lots have landscaping directly bordering the paged roadway and others hire ' Widened paved or graveled areas along the roadway, number of lots have informal trails between the roadway and,an adjoining drainage ditch. Although the 4 4 Tauri Plate _ SUB -1 - -1 Page -3 ~ {r r i pedestrian and bicycle system plan of the Winslow Master Plan states that the pedestrian system on Wallace way. and Grow Avenue should consist of sidewalks on of l a t one side ofthe.street, no such sidewalks are presently in place. To keep the roadways consistent in character with -the adjoining neighborhoods n sidewalks are being proposed for Wallace 'may and Grow Avenue abutting this site. The Planning Staff � recommended that the ,paved arca f each roadway be widened to provide a five to six foot bike lane/walkway, instead Of a more fortnal sidewalk. The new roadway within .the subdivision `1'aurnic Place) is to be constructed according to the City's present roadway standards and therefore will include a sidewalk on the north side of Ta.urnic Place where it borders Loi 10; that sidewalk will tie into the new asphalt walkway on Wallace Way.* 17. access to the development will be via a new curl -de -sac road off bf Wallace Way where it intersects with Nakata {.venue .N.W. During the public hearing, numerous comments were received from neighbors, in person and through written letters, 're nesting a change in location -for- the access roadway. It was proposed by i the Nakata.Avenue neighbors that access to the subdivision be moved from Wallace Way to Grow Avenue. The neighbors expressed concem- about adding tragic to M ata Avenue since it has heavy pedestrian use especially by the marry children who live or go to daycare in the neighborhood. Nalata. Avenue is a public road without sidewalks. Helga l lion rdo from. the Pubfic. wot s- Department, testified at the: public hearing that her department. had -reviewed the subdivision application, and as a part of the pro-aplication review proess had -considered other possible accesses including one off Grow Avenue. Us. Iallonardo testified that the City'Engineer's e artrnent recommends Me 'access off Wallace way because. of the steep grade necessary for an access road from mow A.venu. -Another. alternative location for access onto Wallace way was proposed by neighbors. These neighbors asked that 'the subdivision be redes4ped -to provide access onto Wallace way immediately to the west -of the elforte residence ov r a portion of the des* nated Lot 9. - An -access road t that location, however, does not meet the City of Bainbridge island's sight distance requirements of 125 feet nu*nt gum between intersections. A. road at that location -would lie within 108 feet -of the intersection of grow Avenue and Wallace Way. The access road for the subdivisioti as prosed provides _only one access onto Wallace Way for all lots, with the exception of the Befforte residence on Lot} 1 which accesse directly onto Wallace' Way from its driveway. The remahu*ng nine. Findings of Fwt, Conclusions of Law and Recommendation: Taurnic Place _ S B 4-1 -- --1 Wage --- a CL i lots in the subdivision would be entering Wallace Way at the corner of Wallace ` 'may and Nakata Avenue NW. This design minimizes the number. of access driveways onto Wallace way and Crow Avenue. Taurnic Place is designed with sii , ht curve to the left -as it eaters the Wallace W y l akata Avenue intersection. Taurnic 'lace will be dedicated to the City of Bainbridge Island as a. public street and the speed of traffic entefing the intersection could be controlled by traffic signage. Wallace way now provides Level of Service (LOS) Aand the add*tion of traffic from nine new hones ,would not change that LOS. 18. This subdivision will provide housing for families with children of school age and the student population will impact the alnb'ridge Island School District. 19. This subdivision provides no space for active recreation; however, the subdivision does provide a pedesttfan path for access from Taurnic Place to Grow Avenue for pedestrian activities, and for access to public parks in the vicinity, such as Gideon Park nearby. 20. The walkways to be- added to the paved right-of-ways of Wallace way and Grow Avenue will provide adequate width for pedestrian and bicycle use. F 21. The public use and interest will be served by a platting of this subdivision as it will + provide additional housing for families in the urban residential zone near schools. Also; the subdivision has set. aside- Lot -6 for development of an affordablehousing unit in compliance with BMIC Section 18.90. - 22. There are no agricultural uses presently being made of this propel ty. 23. There are no scenic highways abutting this -property and no siccant views from . = a public right-of-way, parks.or open space, -with the exception of the viers of the • a , presently wooded lot from both Grow Avenue and Wallace Way. A portion of this natural vegetation. buffer will be maintained by the 40 foot no cut buffer along the east side of the'subdivision and the 15 foot and 30 foot open Space -buffers along Grow Avenue and Wallace way. _ 24. All public and private ,facilities and improvements on and offthe site necessary to provide for the,proposed subdivision'_ will be -available when needed. The Bainbridge Island Department of Public 'works has agreed to extend water and sewer sevice to this subdivision as needed. 25. A public hearing was held on this application for preliminary plat approval on - Findings of Fact, Conclusions of Laver and Recommendation: Taumic 'lace L04-1-99-1 . Page -- 26. 27. 28. 29. September 1 , x.999. Prior to that hearing, nonce was posted with Cit notices at the Feny Terminal and the City gall. Notice of the public hearing was publish -ed in the Bainbridge Island Review on ,September 4 and September 8, 1999 and posted on the subject property on September 1, 1999. Notice of the hearing was also nailed to surrounding property owners as shown in EXffIBIT 24. An Open Space Ma.nag me t Plan has been filed by the applicant and is included in the record as EXHIBIT 6. Under that Open Space Management Plan the applicant has designated all en ace to remain in private ownership by individual lot g p - owners, except for. Taurnic Place Which will be designated a a public street. The rep onsibilit for maintenance of the Open Space is left to each individual lot owner. The Open Space Management Flan proposed by the applicant does not include -therohibition on tree cutting which has been recoIrnmended by the p - Planningepartment'fi[n the.40 foot buffer along the east property line o the subdivision. The Open Space Management Plan will have to be amende,d to include a provision which describes the frequency and scope of maintenance activities for the open space areas of the subdivision. An amendment to the open Space Management ement Plan is necessary to -set forth the City's right to provide maintenance of the Open Space and bill the owner if the open Space is not maintained consistent with the requirements of the Open Space Management Plan. There are no transit stops included in this small subdivision.. Pedestrian facilities are provided by a -sidewalk along Taurmc Place, expanded walkways, along Wallace .Way and grow Avenue and a pedestrian trail from Taurni . Place to Grow Avenue ori the `southwest- comer of the subdivision which. will provide access -to and within the subdivision. The overall design of the subdivision proposal is compatible with, the physical characteristics of the site.. The site has no distinguishing physical characteristics such as streams, shorelines or hills, and is. a relatively fiat -site with very low, landslide and mudslide potential. As a part of the Plat . tilitie Permit, temporary erosion control measures will be reviewed by the City to ensure that the proposal meets the requirements for drainage control. The proposal is in accord with the CityI.s ,Comprehensive Plan. A condition is proposed to maintain .existing vegetation in a 40 foot no --cut buffer along the exist property lino of to subdivision.. Because the subdivision site is only 2.66 .acres . and is in an Urban Residential zone, considerable clearing of trees and native vegetation will occur in the development of the- lots as building lots. Revegettio with native vegetation in all designated open Space areas will soften the change to Findings of Fact Conclusions of Law and Recommendation: Taurwic Place Wage -6- y the perimeter view of the subdivision from Grow Avenue and Wallace way and will' provide some screening between the new hones built in the subdivision and the adjoining roads and neighborhoods. 30. The .pr linfin ry subdivision proposal meets road and, storm water management ent requirements which will require approval by the City ngibeer before final plat approval.. 1. The scenic value of existing vistas from the public right-of-way, presently available in the neighborhood because of the large number of native trees and native vegetation on the -property, is being preserved where feasible in open. Space buffers around the perimeter of the subdivision. the maintenance o these native vegetation buffers will -preserve some of the existing habitat carrying capacity o the property by providing wildlife corridors and by preserving some of the areas Y used for nesting or foraging by birds a'n'd other small animals on the property. 2. The pro*ect will not degrade the -level of operation of water, sewer, storm water facilities or streets below accepted standards. The streets adjoHng the property which Will provide access to the subdivision will be impacted by the additional trips from residents of the subdivision; however, the level o - ervice (LOS -A) should not change by the addition of the 9 hones in this subdivision. 33. 'Where are no landscaping standards under the BIMC which apply to is subdivision. TWs proposal meets the requirements for lot area and density of a development in this zone. The -lot. area, setbacks and lot dimensions are in ti - �Cojnformance with the standards. listed in the flexible lot design standards of BIMC 17.04.080.A.2. 34. 'A Mitigated Determination No -Si mficance was issued on August -11 1999. g Although no appeals were filed, a. neighbor requested and the pplic t agreed that litigation Measure No. 6 which is Conditi6n Lf b 'modified to further Emit pote t al construction related nose. Th amendment should read as follows: "To ritigate -noise impacts on -surrounding -residential properties, grading and o tdoor construction activities shall be conducted only between the .hours - of 7:00 a. m. and :00. p. M. Monday through Friday. 35, In this neighborhood, a half to p,,road mtem is formedlaw f ace fav N.W,Nakata .venue NW and Ihland Wgy NW. Several.small subdivisions have been developed -Io. the north and east of the intersection of Nakabi Findings. a � Conclusions of Law And econ endaticn: Tauri -de, Place S UB- 15-- 1 Wage -- Avenue NW and those subdivision residents use Ihland 'tea and Nakata Avenue .NW and Wallace Way p%4DW)Lfqr access onto Grow Avenue., This new xl l rl .Y ' � th only rel south of Wallace 'tea N t have access canto Wallace Way NW and Nal ata Avenue NW for access to Avenue. Where are nine residences Wanned. for this subdivision. it is consistent with the pattern for traffic in this neighborhood to allow access from Taurnic Place Irv'onto Wallace'Wa y NW for access to Grow Avenue. The prop.eqy dlrectl -to the east of this s u b divis ip n is owned by-, the Unicare Health FAcifity. As a condition of their- xt to expand thele convalescent i facifitv, it was agreed reedthat Wallace Way W would not be opened as a ublic street but would be used .a's access as follows: Condition 16i The a er eti . access ways- from Fir Acres and Wallace' i . shall- be gated. rohibit vehicle access other than fere trucks. The emergengy access. w#YS. shall consist of grass. pavers. N Asphalt or concrete material shall.be used that would give the access the -appearanc6 of a street or driveway. A pedestriah wallvra riot a sidewalk. shall be provided east-wot fro . Wallace Way-jo Madison Avenue through the development and shall be shownn flnat cons ruc ion plans IMC . 18.81-.080),,' Merin and bis cle access to the site by staff and visitors shall be. encoura ed through the Iocation of covered bike storage racks shover facilities and maintained whlkvays Thtlraffic,added to Wallace W&y .W from this pro osed subdivision development rill riot sign icantl i act the Level of Service presently. available n llae 'ova lay. 'h. the last x�cel -available for developrin nt in this neighborhood that wouldhave access onto Wallace,. NW where It.in ers s with Nakata Avenue 1W:- The record does net show whether there are undeveloped single residential lots still available i� this — - — — — ��w+++w.�•� r.rr..*r� .�..-rnM-.r. r�r neighborhood but the -rest of the neighborhood accessing akata A.venHe • NW Wallace 'tea NW and Ifiland 'ova NW appeared, on my site. visit o be frilly developed.. - .. Findings of Rack Conclusions of Lava and -Recommendation. Taumic Place Page -8- CONCLUSIONS of LAW I . This matter is properly before the Hearing Examiner for -public hearing and for recommendation to the City Council. Adequate legal notice was given of the public hearings held in this - .atter. Opportunity' for public comment on this project was provided through a written comment period and through an open public hearing on September 1,, 1999. 2. Marcia Belforte is the legal o ner of the subject property and is the applicant on this prelinarr plat ofhe subdivision of her separate property. . Adequate provisions have been made in the proposal for access roads to provide emergency services and vehicle access to the residential -lots b ping platted i -this subdivision, . Adequate. provision has been made for idewalks- along -the interior street in, this subdivision. The subdivision wiH ificlude streets with street names, traffic regulatory, signs and mailbox locations. No transit. stops have been provided vrrt n the -subdivision. . Pedestrian facilities h .v been provided in the -subdivision by the inclusion of sidewalk along the ace s. roadway, Taurwo Place, which 'connects to WallaceWay.' on the northeastern portion of the 'property and by the inclusion of a pedestrian access trail from Taurnic Place to -the south restem comer 9f the prof es at Grow .venue. t . A school impact fee will be collected on each -building lotin this subdivision t Findings of Fact, Conclusions of Law and Reconunenda on: Taumic Place Page -9- Ali ON, -: ' k-, *PIR,," C L provideadequate support for impacts to theBainbridge Island School District, hick ill he required t Provide services for the children o the residents o this w w p subdivision. '. This subdivision has set aside en ace totaling �o percent of the property site. Theprotection othis en ace is consistent with the requirerxerts the �� provide certain ame d gent are made -to .the applicant's proposed Open Space Management Play.. There are. no Critical Areas on the site which require protection under BIN1C 16.E O. . There is'no provision in this subdivision for any active common Open Space. The .only pe provided �� aces s part of the subdivision are the vegetated buffer p areas set aside on the east, west, and north property lines. Each of those buffer areas is located on several 'Individual ownership lots and ±rill a rnair� wined r the individr al owner of the lot. leo common Open Space is provided except Taupe. Place. 9. There are nop p u llc arks directly adjoining- this' subdivision; however, as a condition for this subdi ision it is being recommended that ..bike lanes And walk-wa s ,he provided along Grow. Avenue NW and Wallace way NW to encourage the residents of this subdivision to use n'on-motorized means to enjoy t "rid p public arks the vicine edestrian the ehara�er of their neighborhood andl� p �. p . pathway bas also. been proposed to provide'pedestrian access. from Grow Avenue on the southwest corner of the property to .Taurnie Place, so that presidents of the subdivision will -have pedestrian access to Grow. Avenue directly. from the subdivision. Findings of Fact, Conclusions of. -Law and Reconun ndation. Taurriic Place UB --1 -99- 1 'age -10- - - - - -. --. Y . � y�/#���i yt lf.•i+�yJY[Yt .. • ., at • + ..+, .. .. � r t�\r .. .. .- a - � 1" # • ' 1k. V ' This ivisioapplication has been reviewed by the Bainbfidge Island Fire Department and will be re aired. to Provide adequate right-of-way on its . r access road to provide adequate fire and emergency vehicle access to subdivision re .� . the residencies in' the subdivision. In addition, the Fire Department .etas set standards for adequate fire flow which must he met by water service provided from the. City of Baitibridge Island. .. The Department of Public ' or s has reviewed this subdivision proposal. The proposed drainage and storm water facilities are adequate, provided the applicant - rieet certain additional requirements of the Cit Engineer and gets approval of the nal plans for drainage and storm water. facilities from the City Engineer prior to construction. 12. Adequate water, including potahle water, a d� sanitary sewer services will be provided to this subdivision through an e to sio aree ent with the City of Bainbridge Island, 13. This Subdivision Prelinuffiary Plat'Applicatio.n has been prepared consistent with -f . the requirements' of the .flexible lot lire process and applicable flexible lot standards,, BIMO 17.04. 14. This subdivision proposal compliest with all of the provisions of the BIMC as well _ as. Chapters 8.17 and 3 630 A of the ROvised Codi of Washington, and H other applicable provislons of State and Federal laws and regulations, provided all additional Conditions included its this decision -ar . met by the applicant.. 15. This subdivision proposal is. in accord with the City's Comprehensive Plan and the Findings of Fact, Conclusions of Law and Reconunendation. . Ta is Mace ' S 0 -15-99-1 'age -11- zoning designations for the property. 16. Since this property is a heavily wooded .site, much natural vegetation and most significant trees will b.e removed as necessary for the- development of this Fiat. However, wherever feasible the prlinnary plat design does include measures to minimize clearing, with the priority given to retaining• existing vegetation by the maintenance of a no -cut 40 foot buffer in Open Space along the east property lire. In addition,' thio Conditions require replanting native vegetation i.n the remaining portion designated buffers along Crow Avenue NW and Wallace way NW. A. - Forest Practices Permit ill be required'before removal of the trees r m the site, - i 17, All public and private facilities and improvements, on and off the site, necessary t rovide dor the ro oed subdivision wi 1 . In order for this subdivision to meet the requirements of the BIMCI certain condition' must be imposed on the r'ect. Some of those conditions have been required as a part of the SEPAL process and- are now recommended to the City Council by the Hearing Examiner. ,additional conditions have been recommended by the Planning Department; b e -non- SEPA conditions acre also listed below n are recommended to the City Council by the Hearing Examiner, The Hearing Examiner adds certain additional non -SEPI. conditions to this project li ke are recommended to the -City Council for adoption. SEPA CONDITIONS: 1 ,a, Prior- to any grading or construction atirities, the applicant shall obtain a Fiat Utilities Permit from the Department of Planmng and Community eveiopmcnt. Lb. Prior to any -grading or construction activities, the applicant shall submit 'temporary Erosion and Sedimentation Control Flan to the City Engineer for ,. review and -approval. I.c. 'To mitigate air quality impacts -dun*ng grading, contractors shall. conform to Puget . Sound Asir Pollution Control Agency Regulations hioh ' insure that reasonable precautions are taken to avoid dust emissions. Ld. To mitigate air quality impacts during clearing activities, cleared vegetation must .be removed from the site and/or, processed by chipper .or some other method of . disposal that does not require burning. . r • Le. Complete storm water drainage plans designed in accordance with the Washington . Findings of Fact, Conclusions ower and'Recommendadon. Tac Place - SC4-1--99-1 Page --1- State Department of Ecology. Technical Manual shall be submitted and approved by the City Engineer prior to final plat submittal. 1 To rpt ate noise impacts on .surrounding residential properties, grading and . p outdoor construction acti�ri les shall be conducted only bet Teen the hours of ;oo a. m, and oo • p.m.. Monday through Friday. (This'condition amendment was agreed to by all parties). . I.g To mitigate potential off-site glare, any street lighting within i -u the subdivision shall be hooded, shielded, and have a ma 'pmum, height of 20 feet. A public pedestrian trail connecting Grog Avenue and the sidewalkalong Taurnic shall a installed prior final plat - rural. - The walkway shall be - dace p lip . developed in accordance with the city's trail standards to the satisfaction of planning staff. 1... The water system shall be upgraded to produce a nuir mhrn fire flow of 1,000 GPM @ 20 psi. A new ire hydrant shall foe'installed adjacent to proposed Lot 5. These improvements shall be. corn l ted to the satisfaction of the Bainbridge Fire Department prior to final pkat approval. do NON-SEPA CONDITIONS 2. Except as m di ed b �condlti s the final plat shall be in substantial cor�fon nance y � with the preliminary plat, date-stamped ped April 15, 1999. . A school impact fee of $3,030.00 is to be paid for each of the nearly created lots. . • Findings of Fact, Conclusions of Law and Reconunendation. `raumic Place SUB{4-1 - -1 Wage - 14- 5. One half of the fee, $115156'00 shall be paid prior to final plat approval and the balance shall be paid at the time of building permit issuance. . The road and thewater system upgrades shall be installed and approved prior to 1 ' any combustible construction, on the site. . At least % of the project site shall be designated as open Space as shown -on the prelinminary plat dated February 5, -1999 and filed with the City of Bainbridge Island or' April 15, 1999 EXWBIT 25). The Open Space shall be and - maintained in accordance with the provisions of an Open Space Management ent Plan which must drafted in accordance v1thi� earn 17.04.o, (CY and { This Open Space Management Flan must be approved by the Director .oPlan g and Community Developffient prior to final plat appro'Val. The Open Space Management Plan must include provisions for maintenance activities In the Open Space buffer areas along Orow Avenue, "Wallace Way and along the pastern property line. Specific duties_ shall be o_utlined for the individual property owners on- whose lots this Open Space is l ca ed. No grading or cleafing shafl' penalitted in the 40 feet of Open Space bo d ring the eastern property fine. No building or cutting of trees or shall occur in that foot r ace _ p p area except as necessary for removal of danterous trees and with thep rior approval of the City of Bainbridge Island PlanningDepartment. NQ structures shall be permitted in any of the open Space areas. Any removal dtrees or ve etation rom the designated Open Space ar as .sh_al be replaced aced with native, _ vegetation which will provide some buffered screening along the penmeter of the subdivision for adjoining residential properties. Knote onKnot the final plat shall stipulate that Lots 1 2,; ; 1 19 and .1 o are subject o `ect the provisions o the , ' Open Space Management Flan. Findings of Fact Conclusions of-Law and Recommendation: . `raurnic, Place Page -- 15- 6. The Open Space shall be established by easements, restrictive covenants, or other similar legal means to the satisfaction of the City Attorney. This legal document shall reflect the provisions of the Open Space Management Plan and shall be recorded concurrently with the final plat. 7 . The following setback and lot -coverage, information'shall be noted on the final plat: feet separation. Building to Buit ng minimum 1 0 f Building to Exterior Property Line Minimum 15 feet. Building to Roadways Nfinimum 15 feet from all streets. Building to Trail or Open Space Nfimmum 10 feet. Max'imum Lot Coverage for each lot: 2,900 square feet. 8.- A 5 to 6 foot wide stn*p of asphalt pavipg shall ba added along the eastern shoulder of Grow Avenue as it abuts the western property line of this subdivision. A similar. 5 , to W"de asphalt paved strip shall be added io the south shoulder of 6 foot 1 Wallace Way as it abuts the property line of this subdivision from Grow Aveme extending to the entry d n-'veway. of Ta'umic Place. At that -entry road, the waftmay will connect with the sidewalk being constructed on the north side of Taurrdc Place forpedestrian access into the subdivision. This 5 to 6 foot wide asphalt shoulder will be separged from the renaming portion -of Grow Avenue �d Wallace- Way by a -painted fog line to designate an area for. bicycle and pedestn"an use. These -street improvements shall be completed, or financial assurances of cpmple,tion shall be submitted, .prior to approval of the feral -plat for this Subdivision. If, prior to construction of these Widened asphalt. shoulders, th6 Public Works Department detemu"ne's that cause df safety, -drainage, or other Findings of Fact, Conclusions of Law and Recommendation: Taumio Place SUB04-15-99-1 Page --16- maintenance concerns this van*ation from city -standards along the right-of-way for construction of walkways cannot be allowed, these sate shoulders shall be improved with the standard sidewalks, curbs and gutters required of new roadways constructed in the City: 9. water and- sewer system extensions and upgrades shad be', completed to the .satisfaction of the Public works Department prior to the final plat. approval, - 10. All lot corners shall be staked with three-quarter inch alv d iron ears - wooden locator stakes. Additionally, all applicabld provisions of Appendix A, BIMC Chapter 17.12 shall be met prior to final plat approval. 11. A plat certificate meeting the requirements of the Public 'works opartme t shall be provided to the City prior to final plat approval. 12.. Lot 6 will be reserved for construction of residence which Teets the City's affordable housing requirements as specified in BIMC Chapter 18.90. This " requirement shall be noted on the final pl .t. The applicant shall execute an' record the related -legal documents showing restriction on Lot 6 to the satisfaction of the {City's Housing Planner prior to final plat approval. F 13. Except for Lot 10, the lots " half not obtaim individual aesslorn either Grow Avenue - o r Wallace 'L ay. . 14.- Street names, signage, and mailbox locations in this subdivision shaU be approved by the public 'works Department and the Building Division pr*or to final plat, - approval. Findings of FacConclusions of Law and.Recommendation: Turnip Place 'SUB0 -1 -- -1 Page -17- ■ 1 . The applicant skull submit a letter to the Hanning Department, signed by the City ofainbrid a Island Administrator, confirming that discussions regarding -the g � _ g City's interest in purchasingpotential parkland on this site has taken place. The applicant shall discuss with the City the City's interest, if any, in establishing a oce Ark along a portion of the Wallace Way street frontage, as i suggested in' p the Comprehensive Flan. If the City has no- interest in handing the development o such a pocket park at this site at the present time, thea no -provision for such site needs to be -included in this preliminary plat and the 'de elopment of the subdivision could continue as proposed. If the City indicates a present, interest In purchasing t this site .for such a ark then an outline o timeline -for that purchase property p >- a d designation of the area of property -to be purchased by the City must be designated, as a part of this preliminary plan proposal and indicated on the fac6 of the preliminary plat. A. letter from the City Administrator verifying that discussions regarding the City's interest in purchasing this potential parkland had taken place, and outlining the City's resent position regarding the purchase o such a site will satisfy this conditin. 16. The applicable provisions of Conditions 3, 5, 7, 12, and 13 shall appear as notes, o the final plat. 17. The pedestrian walkway arra storm drainageeasement designated on the preliminary in the southwestern mer of the property, shall be develop t , UUninun of 5 feet -in width and be designed with safety devices to prevent a user from accidentally entering the traffic lanes of Grow Avenue. City standards require fencing along access ea ements in residential areas where buildings- will be located nearer than 25- feet 'to the edge of the. easement. This special access easement t shall be surfaced with asphalt paying to be consistent with- other no - Findings of Rion Conclusions of Law -and econunendation: umic Place S B 4-1 -99-1 'age -18- motorized 661ities in the area. i RECOMMENDATION Tl s subdivision makes appropriate provisions for public health, safety and general public use. and interest; therefore, with the conditions added through the'SEPA process, the planning process, and the public hearing process before the Hearing Examiner, this preliminary. pias proposal, as conditioned, is reeonunended for appr val by the City Council. _ -Original- Reconunendation signed October 11 1999. Amended Recommendation signed November 1, 1999. By: Robin Thomas a erHearing Examiner, Pro Tens T t i Findings of Fact Conclusions of Law and Reco ndation Taur io Place SC o -1 -99- I Page -19- EXHIBIT -B Non-SEPA Conditions 2. Except as modified - by conditions, the final plat shall be in substantial conformance ith the revised plat date-stamped March 9, 2000. 3, A school impact fee of $3,030.00 is to be paid for each of the newly created lots. One half of the fee; $1,515.00, shall be paid prior to -final plat approval and the balance shall be paid at the time of building permit issuance. The applicant may request exemption from payment of the school impact fee for the affordable housing unit. If the affordable unit qualifies for such an exemption, the applicant will not be responsible for payment of the'corresponding school impact fee. . The road and the water system upgrades shall he installed and approved prior to any combustible construction on the site. . At least 0% of the project site shall be designated as open space. impervious surfaces shall not be included in the calculation of open space. All open space calculations shall he verified by signature of a licensed surveyor. Open space shall of he located within the boundaries of residential lots.. Open space other than the permeable portion of right-of-way shall be consolidated into two large usable areas. The open space shall he utilized and maintained in accordance with an Open Space- management pace- ma ge ent Plan drafted in accordance with Bainbridge Island Municipal Code (BIMC) Sections 17.04.090 (G). and H and approved by the Director of Planning ning and Community Development elopment prior to final plat - approval. No grading or clearing shall. be putted in the 40 feet of open space bordering ring tie - easterly property line. No structures shall be permitted in any of the open space areas. Any removal of trees or vegetation from the designated open space areas (outside of the40-foot dale no disturbance area), shall he replaced with native vegetation which will provide some . buffered screening along the perimeter of the subdivision for adjoining properties. A note on the final plat shall stipulate that the lots are subject to the provisions of an Open Space Management Flan. homeowner's association or all of the lot owners, jointly, as determined by the - city, shall have title to the open space that 'I's not right-of-way. The open space shall he established by easements, restrictive covenants, or other similar legal means t the satisfaction of the City Attorney. This legal document shall reflect the provisions of the Open Space Management Plan and shall he recorded concurrently with the final plat. 7. The following setback and lot coverage information shall be noted on the final plat: Building to Building Building to Exterior Property Line Building to Roadways Building to Trail. or Open -Space Minima 10 feet separation Minimum 15 feet Minimum 15 feet from all streets Minimum 10 feet Maximum Lot Coverage for each lot: 2,900 square feet . For a period of six years following final plat approval, the applicants shall guarantee construction and installation of a ' sidewalk and bike path along grow Avenue through a surety company bond or -set aside of funds in a financial institution, hi a manner, location, and amount determined b the City Engineer, . To the satisfaction of the.- Public works Department, water and sewer system extensions and upgrades shall be completed prior to final plat approval, 10. All lot corners shall be staked with three-quarter inch galvanized iron pipe and wooden locator stakes. Additionally, all applicable provisions of Appendix A, IMC. Chapter 17,12 shall be met prior to final plat approval. 11. To the satisfaction of the Public works Department, a plat certificate shall be provided prior to final plat approval. 12. Lot 16 will be reserved for construction of a residence which meet the City's affordable housing requirements as specified in BIMC, Chapter 18.90. This re luirement .shall be noted on the final plat. The applicant shall execute and record the related documents to the satisfaction of the city's Dousing Planner. 13. - Except for Lot 10. the lots shall not obtain individual access from either Grow Avenue or Wallace Way. 14, Street narnes, signage, and mailbox locations shall be approved by the Public Works Department and the Building Division prior to final plat approval, 15. The applicant shall eater into tabs with the city regarding establishment of a pocket park along a portion of the Wallace Way frontage.' To satisfy this condition, the applicant shall submit a letter, signed by the City Administrator, verifying that the discussions regarding city's interest in purchasing potential parkland had taken place. 16, The applicable provisions of Conditions 3, 5, 7, 12, 13, and 18 Miall appear as notes on the final plat-. 17. The pedestrian walkway and storm drainageeasement designated on the preliminary plat in the -southwestern corner of the property, shall be developed to a mihnum of five feet in width and shall. be designed with safety devices to prevent a user from accidentally entering the traffic lanes of Grow Avenue. City standards require fencing along access easements in residential areas where buildings will be located nearer than 25 feet to the edge of the easement. This special access easement shall be surfaced with asphalt paving to be consistent with other non -motorized facilities in the area. 18. Tandem parking may be utilized to increase the flexibility in siting and designing :the subdivision's residences. EXHIBIT C r. , 4. cej LU ,jLU - - UJ .iui CC + U. CL L CD C)