Loading...
RES 2000-06A APPROVAL OF WOODLAND VILLAGE SUBDIVISION PRELIM PLAT (SUB02-02-98-1)RESOLUTION NO. 2000 —6A A RESOLUTION of the City of Bainbridge Island, Washington, approving the Woodland Village Subdivision preliminary plat (Case No. SUB02-02-98-1) WHEREAS, on February 2, 1998, a preliminary plat application was submitted by Landmark Development, L.L.C. to the Department of Planning and Community Development; and WHEREAS, the preliminary plat application facilitates development of 27 residential lots on 9.4 acres of real property located west on the west side of Femcliff Avenue, approximately one-quarter mile north of the High School Road/Ferncliff Avenue intersection; and WHEREAS, the Department of Planning and Community Development reviewed and forwarded its recommendation for conditional approval to the Hearing Examiner; and WHEREAS, on March 19, 1999, May 27, 1999, and June 23, 1999, and, in compliance with the City Council's instruction for remand, on December 2, 1999, December 9, 1999, and December 16, 1999, the Hearing Examiner conducted public hearings on the preliminary plat upon proper notice; and - WHEREAS, on July 9, 1999, the Hearing Examiner recommended conditional approval of the preliminary plat and entered a report, Findings of Fact, Conclusions of Law and Recommendations; and on February 15, 2000, subsequent to gathering additional facts regarding the wetlands density calculations, the Hearing Examiner entered an amended report with revised Findings of Fact, Conclusions of Law and Recommendations; now, therefore, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES RESOLVE 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 February 15, 2000 (Case No. SUB02-02-98-1) and attached as Exhibit A to this resolution, except as modified by the following amendments: 1. Amendment of Finding of Fact No. 37: Extensive testimony was given at the public hearing on remand by neighbors concerned with increased runoff of storm waters resulting from development of this site. Several neighbors from properties nearby, especially from the area of Grand Avenue and Broomgerrie Road, expressed concern that increased water flows from this property will impact already saturated soils on properties east of the Woodland Village site. Off-site flow analysis has been done by Brown Engineering (Engineering Report dated January 28, 1999, Exhibit 97R). Additional data on storm water and surface water flows at the site must be obtained to determine a base line for the development. The Storm Water Management System must be designed so that post development off-site flows do not exceed pre -development conditions. It is the policy of the City (BIMC 16.08.200) to consider the cumulative environmental impacts that a project may have on the surrounding area when aggregated with the impacts of prior or other proposed development in the area. The Applicant shall be required to include in the engineering analysis on assessment of the capacity of the natural systems on the surrounding area to absorb the anticipated increased storm water runoff after development of this site. The Applicant shall also provide an assessment of the impact that this project will have on the level of operation and effectiveness of the City storm water facilities which will be impacted by the increased storm water runoff from this project. 2. Amendment of Finding of Fact No. 41: The remand requires Findings of Fact on the phrase "use the subdivision process to accommodate innovation, creativity and design flexibility" and "achieve a level of environmental protection that would not be possible by typical lot by lot development...." A review of the application for this Preliminary Plat shows that the Applicant has chosen to use the subdivision provisions of the Bainbridge Island Municipal Code (17.04) to design the subdivision under the Flexible Lot Lines Design process. That process is described in BIMC 17.04 and by its very definition permits flexibility in lot development and encourages a more creative approach than traditional lot -by -lot subdivision. The definition of Flexible Lot Design is included in BIMC 17.04.040 as follows: "Flexible Lot Design" means a design process which permits flexibility in lot development and encourages a more creative approach than traditional lot -by -lot subdivision. The Flexible Lot Design process includes Lot Design Standards, guidance on the placement of buildings, use of open spaces and circulation which best addresses site characteristics. This design process permits clustering of lots with a variety of lot sizes to provide open space and protect the Island's natural systems. The criteria for the layout and design of lots, including a minimum percentage of open space and a minimum lot size for each zone are described in this Chapter." The applicant has complied with the Flexible Lot Standards included in BIMC 17.04. The minimum lot size for lots included in this subdivision is at least 5,000 square feet as required by BIMC 17.04. The Preliminary Plat shows that the Applicant has used the Flexible Lot Design process to create a subdivision which includes lots of various sizes and shapes concentrated on the eastern portion of the site. Streetside landscaping has been proposed throughout the subdivision. The buildable portion of the site preserves the delineated 1.97 Category II wetland located on the site and establishes a 100 -foot protective buffer for that wetland. Connection to the public sewers enhances the protection of the ground and surface water quality at the site and helps ensure protection of the wetland's functional characteristics. The subdivision process also provides for surface and storm water control facilities designed to serve the entire parcel in a coordinated system to ensure protection of the hydrological function of the wetland and to protect nearby public and private property from damage from potential increased runoff or possible erosion or sediment infiltration. The Applicant's proposal will include a condition that the storm water management facilities be maintained by a Homeowners Association and be subject to periodic inspections by the City Engineer to assure its continued effective function. 3. Amendment of Condition No. 14: A school impact fee of $3,090.00 shall be paid for each of the newly created lots. One half of the fee, $1,545.00, shall be paid prior to final plat approval and balance shall be paid at the time of building permit issuance. The applicant may request exemption from payment of the school impact fee for any of the affordable housing units. If any of the affordable units qualify for such an exemption, the applicant will not be responsible for payment of the corresponding school impact fee. 4. Amendment of Condition No. 43: For all site drainage, the Applicant shall submit a fertilizers/pesticides/herbicides program to be iricluded as part of the Open Space Management Plan. The plan shall be developed by a Biologist to be approved by the Director. 2. Amendment of Condition No. 45 Stormwater facilities shall be designed to provide water to the wetlands at similar amounts and at similar rates as pre -development conditions. Prior to plat utilities permit issuance or final plat approval, whichever comes first, the applicant shall submit a report containing information regarding the existing and projected storm water flows directed towards the wetlands basin. This report shall include detailed analysis of the proposed drainage facilities as well as recommendation for erosion controls related to the anticipated flows. If approved by the City's Engineering Division, the drainage facilities and erosion control measures shall be reflected on the construction drawings submitted as part of the plat utilities permit. The applicant shall provide a report analyzing the storm water and surface water flows form the site in its predevelopment condition. This analysis shall include impacts to natural drainage systems and city drainage facilities located offsite. A similar analysis must be provided by the applicant showing anticipated impacts on these offsite systems. The report must show that the offsite systems are adequate to handle post development runoff, or the applicant shall be required to upgrade offsite drainage systems to accommodate the increased flows. The storm water facilities designed by the applicant shall be submitted for approval to the City's Engineering Division and must receive approval prior to the issuance of a plat utilities permit. 3. Addition of Condition No. 48: Except as modified by conditions, the final plat shall be in substantial conformance with the conceptual design date-stamped March 9, 2000, as revised by the conceptual design dated -stamped April 26, 2000. Section 2. The proposed subdivision is in conformance with the zoning ordinance, the comprehensive plan, the subdivision regulations and subdivision standards, and all other applicable land use ordinances and applicable state law in effect at the time of complete application. Section 3. The final plat of Woodland Village 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 26`h day of April 2000. ay APPROVED by the Mayor this 2ND day ofATM M2000. N RwigHt Sutton, Mayor ATTEST/AUTHENTICATE: Susan'L, Y. P. Kasper, City Clerk FILED WITH THE CITY CLERK: May 1, 2000 PASSED BY THE CITY COUNCIL: April 26, 2000 RESOLUTION NUMBER 2000-6A