FT. WARD PARADE GROUNDS (SUB) CITY OF BAINBRIDGE ISLAND
OFFICE OF THE HEARING EXAMINER~i!
REQUEST TO KECONFIGURE
SUBDIVISION.
APPLICANT: KITSAP COUNTY
CONSOLIDATED HOUSING
AUTHORITY.
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SUB06-14-00-1
FINDINGS OF FACT
CONCLUSIONS OF LAW
AND RECOMMENDATION
SUMMARY
This application seeks approval of a redivision of portions of two subdivisions approved
for the Fort Ward Historic District Parade Ground properties. Pursuant to an agreement with the
City of Bainbridge Island, the Kitsap County Consolidated Housing Authority (KCCHA) has
agreed to replat these subdivisions to cluster housing on the property so that a greater portion of
the site can be retained as open space and dedicated to the city as a public park. This new
subdivision reduces the total number of lots from the existing 24 lots to a proposed 22 lot
subdivision. City Council Resolution 2000-29 authorized exemptions from some Bainbridge
Island Municipal Code (BIMC) zoning requirements. The homes in the subdivision will be built by
the Kitsap County Consolidated Housing Authority and at least six of the lots will be developed
with affordable housing units. Fifty percent of the site will be set aside as open space. The
applicant has entered into an agreement with the City of Bainbridge Island to contribute to a
drainage basin study and provide engineering services for improvements to the drainage system in
the Fort Ward area. No critical areas have been identified on the site. The subdivision will be
served by Kitsap County Sewer District No. 7. The Fort Ward Parade Ground subdivision is
recommended for approval with conditions.
FINDINGS OF FACT
1. The Fort Ward Parade Ground subdivision is proposed on property owned by Kitsap
County Consolidated Housing Authority at a site located between Fort Ward Hill Road and
Parkview Drive. This site is commonly referred to as the Fort Ward Parade Ground property.
The site is identified by Assessors Tax Account Numbers:
Lot 1, Parcel A
Lot 2, Parcel A
Lot 3, Parcel A
Lot 4, Parcel A
Lot 5, Parcel A
5396-000-001-0000
5396-000-002-0009
5396-000-003-0008
5396-000-004-0007
5396-000-005-0006
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Lot 6, Parcel A
Lot 7, Parcel A
Lot 8, Parcel A
Lot 9, Parcel A
Lot 10, Parcel A
Lot 11, Parcel A
Lot 12, Parcel A
Lot 13, Parcel A
Lot 14, Parcel A
Lot 15, Parcel A
Lot 16, Parcel A
Lot 17, Parcel A
Lot 20, Parcel A
Lot 21, Parcel A
Lot 2, Parcel B
Lot 3, Parcel B
Lot 1, Parcel C
Lot 2, Parcel C
Lot 3, Parcel C
5396-000-006-0005
5396-000-007-0004
5396-000-008-0003
5396-000-009-0002
5396-000-010-0009
5396-000-011-0008
5396-000-012-0007
5396-000-013-0006
5396-000-014-0005
5396-000-015-0004
5396-000-016-0003
5396-000-017-0002
5396-000-020-0007
5396-000-021-0006
4147-003-002-0008
4147-003-003-0007
4147-002-001-0001
4147-002-002-0000
4147-002-003-0009
The site is identified by the following legal description:
Section 11, Township 24 North, Range 2 East, W.M.:
A Re-Plat of the following:
Lots 1 through 17, and lots 20 and 21, of the millennium replat of Fort Ward
Estates recorded in Volume 30, Page 30, Records of Kitsap County Washington;
Parcel A.
Lots 1 through 3 of Fort Ward Estates Division No. 2, Block 2, recorded in
Volume 9, Page 52, Records of Kitsap County Washington. (Parcel B), and
Lots 2 and3 of Fort Ward Estates Division No. 2, Block 3, recorded in Volume 9,
Page 52, Records of Kitsap County Washington. (Parcel C)
2. The Fort Ward Parade Ground Subdivision and replat site is 4.98 acres of which 2.55
acres will be set aside as open space.
3. This subdivision will be provided sewer service by the Kitsap County Sewer District No.
7. Potable water will be provided to the subdivision by the South Bainbridge Water Company.
Police protection will be provided by the Bainbridge Island Police Department. Fire protection
will be provided by Kitsap County Fire District No. 23. Children living in this subdivision may
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attend school in the Bainbridge Island School District. Electrical power will be provided by Puget
Sound Energy. Telephone service will be provided by QWest Communications.
4. The project site has a zoning designation of R-2, 2-units per acre density. The
Comprehensive Plan designation is OSR-2, also 2-units per acre density. All surrounding
properties are zoned R-2. The Comprehensive Plan designation for all the surrounding properties
is OSR-2. Development of this property for a residential subdivision is compatible with
surrounding uses which are also developed as residential properties.
5. The applicant has not identified any critical areas on the site. A site visit by members of
the Department of Planning and Community Development (DPCD), including Steve Morse,
Natural Resources Planner, did not identify any critical areas at the site. A Mitigated
Determination of Non-Significance (MDNS) was issued by the City of Bainbridge Island on
December 16, 2000. No appeals were filed and that MDNS is now final.
6. The Hearing Examiner made a site visit on January 25, 2001.
7. This application for a subdivision is a redivision of portions of two subdivisions, the
Millennium Replat of Fort Ward Estates, and Fort Ward Estates Division No.2. Lots were sold to
other purchasers in each of those subdivisions prior to the sale of this site to the Kitsap County
Consolidated Housing Authority (KCCHA). The Fort Ward Estates Division No. 2 plat had
certain restrictions noted on the face of the plat. Lots 21 and 22 of the new proposed Fort Ward
Parade Ground subdivision remain subject to the plat restrictions of Fort Ward Estates Division
No.2. Those restrictions state in part:
"Fort Ward Estates: Div: No:2.
Building lines and restrictions contained in said plat filed July 18, 1960, as follows:
No permanent structure or building shall be constructed on any lot, tract or parcel
of this plat or adjoining property as designated which does not conform to the
Kitsap County Zoning Regulations.
No lot shall be divided and sold or resold or ownership changed or transferred
whereby the ownership of any portion of this plat shall be less than 5,000 square
feet nor less than 50 feet in width at its narrowest part and no comer shall be less
than 6,000 square feet, nor less than 60 feet in width at its narrowest part or any
ownership left without bordering on a street or leaving a property line closer than
5 feet to a building.
Also a 10 foot easement for utilities and drainage along all interior lot lines."
The Millennium Replat lots are subject to the Fort Ward Village Declaration of Protective
Covenants filed with the Kitsap County Auditor on March 18, 1998. Those protective covenants
were not included on the face of the Millennium Replat of Fort Ward Estates, but were separately
recorded with the Kitsap County Auditor under recording number 3072957 dated March 18,
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1998.
8. The review of this proposed subdivision is based on the site plan date-stamped February 5,
2001 by DPCD No new residential lots are being created by this plat reconftguration. The
number of lots is being reduced from 24 to 22 residential lots.
9. The Department of Public Works has reviewed this proposed plat and has made
recommendations for roadway standards to accommodate the traffic impact created by the build
out of this subdivision. The City Engineer has agreed with the applicant that interior roads in this
subdivision may be developed at the reduced width of 18 ft., provided no parking is allowed along
the streets of the subdivision. The City Engineer has recommended that this subdivision be
developed with an urban infrastructure according to the Urban Standards adopted in the City
Design and Construction Standards and Specification. Those standards apply to both streets and
sidewalks within the subdivision. The City Engineer has recommended that all interior roads
within the subdivision be developed with 5 ft. wide concrete sidewalks, curb and gutter, in
conformance with the City Design and Construction Standards for urban density. BIMC
17.16.070.(J) describes road and access performance standards under the flexible lot design
process. A variation from the road requirements or standards is permitted if the reduction is
approved by the city after recommendation by the City Engineer and the Fire Department. Both
the City Engineer and the Fire Department have reviewed the proposed plat for the Fort Ward
Parade Ground Subdivision and have approved the 18 1~. wide driving lanes on Paul Avenue and
Radio Lane. Eighteen foot roadways within 30 .ff. easements are the minimum residential
suburban street permitted under adopted design and construction standards.
10. The Bainbridge Island City Council passed a resolution on August 23, 2000 authorizing
the KCCHA to proceed with plans for the Fort Ward Commons under the provisions of the
Housing Cooperation Law set forth in RCW 35.83. The City Council, by that resolution, allowed
exemptions from the requirements of the B1MC with respect to lot width, lot area, setbacks, lot
coverage, parking and street standards, as set forth under BIMC 17.04, 18.30, 18.81, and the
Design and Construction Standards and Specifications. The KCCHA has proceeded with the
design of the Fort Ward Parade Ground Subdivision. The proposed site plan requires
modifications to zoning requirements relating to lot area, lot coverage, setbacks, lot width,
parking and street standards.
11. A review of the site plan shows that the preliminary plat offered by the applicant is
consistent with the flexible lot design process. The applicant has clustered housing on the south
end of the property and has created a large area of available open space, which will be dedicated
to the city as a public park. Although the design is a flexible lot design, many of the specifications
for that design process have been modified to accommodate the site plan proposed by KCCHA.
These modifications were authorized by City Council Resolution 2000-29.
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Subdivisions established pursuant to the flexible lot design process have a minimum lot
size of 5,000 sq.ft, if served by sewers. The lots in this subdivision range in size fi.om 2,725 sq.ft.
to 6,375 sq.ft.
Under the flexible lot design process minimum lot width is 50 ft, The proposed minimum
lot width is 30 ft.
Maximum lot coverage under an R-2 zone is 20%. The proposed maximum lot coverage
for this subdivision is 35%.
In an I{-2 zone the maximum lot depth allowed is 80 ft. The minimum lot depth proposed
for a lot in this subdivision is 55 ft.
In an R-2 zone front yards, side yards, and rear yards facing streets shall not be less then
25 ft. The smallest proposed front yard is only large enough to accommodate an 8' x 20' parking
space.
· In an R-2 zone side yards must be at least 15 ft. in total sum, with no side yard less than 5
ft. The smallest proposed side yard is 3 ft. Adjoining side yards are 7 ft., however, to maintain the
minimum 10 ft. separation between residences.
In an R-2 zone rear yards shall be at least 15 feet. The smallest proposed rear yard is five
feet (Lot 10), however, the lots back on to the public open space.
No structures will be more than two stories in height.
12. Fifty percent of the site has been set aside as open space. This open space preserves
approximately 2.55 acres of the Fort Ward Parade Grounds. The applicant has reached an
agreement with the city to dedicate the open space area on the plat to become the Fort Ward
Parade Ground Park~ A memorandum of understanding detailing this agreement has been
included in the record as EXHIBIT 77. At least three on street parking spaces must be created
along the site's Parkview Drive frontage for use by visitors to the park. These spaces shall be
constructed to the curb, gutter and sidewalk standards required for City Engineer approval.
13. The open space designated on the site plan as "Open Space A" consists of an undeveloped
area approximately 2.55 acres in size. This open space area will be developed by the KCCHA as
a part of the development of the subdivision. Neighbors from lots along Fort Ward Hill Road
testified about problems with standing water in the open space area behind their homes. Plans
have been submitted by the applicant for a recontour of the open space area and development of a
stormwater drainage system to address this standing-water problem.
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KCCHA will develop 5 ft. gravel pathways throughout the "Open Space A" for use by
pedestrians. An open space management plan will be prepared by KCCHA which details the
landscaping and maintenance of the open space. Only informal active recreation such as kite
flying, frisbee throwing and fitness walking will be allowed. Informal passive recreation will also
be allowed e.g. birdwatching, picnicking and photography. These restrictions will be placed on
the face of the plat. The small area of open space identified as "Open Space B" will also be
landscaped by KCCHA prior to its dedication to the city. Open Space B will remain as a
landscaped area and no recreation will be allowed in that space due to its small size. Open Space
B will provide some landscape screening from adjoining residential lot areas, not a part of this
Fort Ward Parade Ground subdivision.
14. The applicant has submitted preliminary drawings for a stormwater control system on the
site. This stormwater control system will connect with the City of Bainbridge Island system
currently in place along Fort Ward Hill Road. As a part of the development of this project,
KCCHA has reached an agreement with the City of Bainbridge Island regarding participation in
the preparation of a drainage basin study and design of storm drainage facilities in the Fort Ward
study area. Pursuant to the agreement with the City, the applicant submitted a Fort Ward Parade
Ground Basin Study to the Department of Public Works on September 15, 2000. In addition, in
November, 2000, the applicant's engineer, Michael Wnek, also submitted preliminary
construction drawings for Fort Ward Basin Study Area 1, Storm System Improvements. In
February of 2001, a memorandum of understanding was signed between the City of Bainbridge
Island and KCCHA detailing the two parties understanding of KCCHA's participation in the
City's project to make storm drainage improvements to the Fort Ward Basin system. This
improvement project is expected to begin during the fiscal year 2000/1. KCCHA's obligation to
participate in that project has been outlined in the memorandum of understanding which has been
included in the record as EXT-IIBIT 78.
15. A review by the Department of Public Works has determined that traffic generated from
the subdivision will not decrease the Level of Service (LOS A) presently available for traffic on
Fort Ward Hill Road, Parkview Drive, or Evergreen Avenue. [See EXHIBIT 79.] At the heating
Mr. Katai, DPCD Planner, testified that Exhibit 79 was prepared for presentation at the February
7, 2001 hearing and is incorrectly dated as July 26, 2000. As conditioned, the existing streets and
proposed streets are adequate to accommodate the 220 average daily trips projected to be
generated by the homes in this subdivision.
16. The Department of Public Works has reviewed the proposed street names, traffic
regulatory signs and mailbox locations on the site plan and has made recommendations for
amendments to those proposals. Final approval of street names, traffic regulatory signs and
mailbox locations must be obtained from the Department of Public Works prior to approval of the
final plat.
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17. This subdivision site fronts on three existing residential suburban streets, namely Parkview
Drive, Evergreen Avenue, and Paul Avenue. The site is currently developed with a cul-de-sac on
Paul Avenue. Paul Avenue is a paved roadway which is in need of substantial repairs.
18. The Bainbridge Island Fire Department has reviewed this site plan and submitted
comments for recommendations for the subdivision. Comments were submitted by Earl Davis,
Code Management Official for the Bainbridge Island Fire Department by memorandum dated July
13, 2000. [EXHIBIT 17.] Consistent with the Fire Department's recommendation, the DPCD has
recommended that "no parking" signs be required on both sides of all interior roads in the
subdivision. These roads are being developed with an 18 ft. pavement width. To avoid the
possibility of obstruction of emergency vehicle access, no parking will be allowed on either side of
Paul Avenue NE or Radio Lane NE. Due to the small size of the lots in the subdivision it is likely
that parking would occur along the roadways unless prohibited.
19. Verification of sufficient fire-flow to provide fire protection for homes in the subdivision
will be required as a condition for approval of this replat. The Fire Department has reviewed the
site plan submitted by the applicant and has approved the proposed locations of fire hydrants.
Modifications to the site plan have been made since the Fire Department review. Prior to final
plat approval, the site plan must be submitted to the Fire Department for final approval of fire
hydrant placement and fire flow sufficiency.
20. School impact fees are not required for approval of this replat of a subdivision, however,
school impact fees will be assessed at the time of issuance of building permits in accordance with
the school impact fee ordinance. Since the residential lots will be developed by the KCCHA, an
application for exemption from school impact fees may be requested by the applicant.
21. This subdivision is being built by KCCHA to provide affordable housing for residents of
the city. The required six units of affordable housing have been included in the plan. It is the
intention of KCCHA to build affordable housing for middle to low income citizens. While
KCCHA is targeting purchasers in the middle and lower income range, they will not be providing
subsidies for purchasers of homes in the subdivision not included in the required six affordable
housing units. There will be no priority given to purchasers with low incomes, however, the size
of the homes and lots and the type of housing built will be marketed to purchasers who may
qualify for affordable housing for households in the middle income or lower income groups under
the BIMC standards. A density bonus has not been requested.
22. This subdivision will be serviced by transit stops which currently exist along Parkview
Drive and Evergreen Avenue. Pedestrian routes within the subdivision will be provided by
concrete sidewalks on Paul Avenue and Radio Lane. The open sp~tce graveled trails will provide
access through the subdivision for residents of the neighborhood.
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23. Since this subdivision is a replat of past subdivisions, nineteen of the lots had already been
reserved for water service from the South Bainbridge Water Company. The South Bainbridge
Water Company has extended this water service to the remaining three additional lots. [EXHIBIT
4.] Sewer service will be provided by Kitsap County Sewer District 7 [EXHIBIT 43.] This project
will not degrade the level of operation of water and sewer facilities below accepted standards.
24. There are no agricultural uses on properties in the vicinity. This site is being developed
consistent with the physical characteristics of the property. This property was historically used as
a parade ground for Fort Ward. Fort Ward has been listed in the National Register of Historic
Places. An effort has been made by the applicant to retain a significant portion of the former
parade ground to help maintain the historic character in this district. This site contains no Fort
Ward historic buildings. New construction will be designed to be compatible with the historic
character of the area.
25. Under BIMC 18.41 the City of Bainbridge Island adopted design guidelines for the Fort
Ward area. This project is located within the core area identified by those design guidelines.
Public areas are encouraged to be developed with trails to ensure a pedestrian circulation system
and to provide walking trails along street edges in the existing rights-of-way. This subdivision
provides gravel pathways throughout the open space as well as sidewalks along developed streets.
The trails in the open space will be built with crushed gravel to allow drainage, and are designed
to be 5 fr. in width. This design is consistent with the Fort Ward Design Guidelines. Shared
driveways have been designed for properties accessing the subdivision offEvergreen Avenue to
help minimize curb-cuts on the roadways. No street lighting will be provided. This will help
minimize spill-over lighting to adjacent neighborhoods. Any signage placed on the property to
identify the subdivision must receive prior approval by the DPCD. DPCD will coordinate the
signage with the requirements of the BIMC and ensure that its design is consistent with the
historic nature of the Fort Ward District. KCCHA representatives testified that every effort will
be made to create building designs for residences which are consistent with the historic character
of the community. Pitched roofs between 6:12 up to 12:12 are encouraged for all buildings.
Roof overhangs of at least 18 inches are recommended in home design. Pitched roofs for porches
between 3:12 up to 12:12 are encouraged. These design features are recommended by the Fort
Ward design guidelines.
26. In response to notification, the Washington State Office of Archeology and Historic
Preservation submitted comments on the Fort Ward Parade Ground subdivision proposal. Those
comments are included in the record as EXHIBIT 45. The applicant has submitted copies of the
"Secretary of the Interior's Standards for Treatment of Historic Properties" referred to in Mr.
Cniffith's letter. There was no testimony at the hearing which indicated any federal funding was
being used for this KCCHA project. This site is within the boundaries of the Fort Ward Historic
District, which is a property listed in the National Register of Historic Places Since no federal
funds are being used in this project, the "Secretary of the Interior Standards for Preservation,
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Rehabilitation, Restoration or Reconstruction of Historic Properties" are advisory guidelines. The
State of Washington Office of Community Development, under its Office of Archeology and
Historic Preservation, has indicated a willingness to provide advisory review of this project and to
make recommendation for design consistency to ensure that new construction is compatible with
the historic character of the district. KCCHA will be the sole developer of housing for this
subdivision. The State of Archeology and Historic Preservation would be a useful advisory
consultant in the design review process. The state office has provided similar consultation for
rehabilitation projects on historic buildings in the Fort Ward District. Seeking the advice of the
state office early in the design process will not delay the building project and may identify
potential concerns about adverse affects to the historic character of the district.
27. The Comprehensive Plan Policy OS 5.1 encourages the preservation of the parade
marching field as public open space. This subdivision reconfiguration preserves a significant
portion of the former parade ground as public open space by clustering the housing for the
subdivision in the south end of the property. This site plan design is consistent with the
Comprehensive Plan policies. Comprehensive Plan Policy OS 5.4 encourages the development of
guidelines for the Fort Ward District. The Fort Ward Design Guidelines were adopted by the city
in 1997. This project is consistent with those guideline recommendations.
28. Homes in the area of this project site have enjoyed the pastoral views provided by an
undeveloped, gently rolling, grassy field on the former parade ground site. At~er development
over fit?ty percent of the site will be retained in open space to preserve the scenic value of these
existing vistas, and to provide an open space for recreation for residents of the area.
29. The only landscape ordinance provision applicable to this subdivision is the retention of
significant trees. Review of the existing conditions map and a site visit has identified only one
possible significant tree, which is a fir located in the center of the northern portion of Radio Lane.
This tree is slated for removal. If the tree does qualify as a significant tree as defined in the
BIMC, then permission to remove the tree and a proposed replacement plan must be submitted to
the Director of DPCD. This site has been cleared and only grasses and low growing vegetation
remain on a majority of the site. Individual building sites will be landscaped.
30. No areas have been identified on this site which provide nesting or foraging by
endangered, threatened or protected species. The property is a grassy open space which provides
some habitat carrying capacity for small wildlife in the area. Maintaining 50 percent of the site as
open space will help to preserve the existing habitat carrying capacity and its use as a possible
habitat for animals in the area.
31. No areas which provide ground water recharge have been identified on this property. The
soils underlying the site have been identified as Cathcart silt loam, which is a moderately well
drained soil well suited for urban development with community sewer.
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32. This project site terrain is a gently rolling field which does not contain steep slopes. The
overall design of this subdivision concentrates the housing on the south and east side of the
property. There are no streams on the property and because of the relatively fiat terrain,
landslides and mudslides are unlikely. Drainage and storm water control systems will be
constructed as a part of the development of this subdivision. The design will follow the
requirements of BlMC and will be designed to minimize soil erosion and minimize drainage
problems which presently exist on the property. The drainage control system will be tied into the
City of Bainbridge Island system which presently exists on Fort Ward Hill Road and which is
scheduled for upgrade.
33. This subdivision replat complies with all applicable provisions of the BIMC, as well as all
applicable provisions of state and federal laws and regulations. Conditions will be applied to the
approval of the plat to ensure compliance with city, state and federal regulations. The replatting
of this subdivision more closely complies with the goals and policies of the Comprehensive Plan
since it recognizes the importance of preserving a large portion of the former Fort Ward Parade
Ground as a public park open to all members of the community. The flexible lot design utilized by
KCCHA is more consistent with the design guidelines for this area than the previous subdivision
approved for this site. Modifications in the code requirements have been allowed by the
Bainbridge Island City Council to allow housing at a greater density in some areas of the property
to preserve more than 50 percent of the site in open space. This housing project will target
purchasers in the middle income range defined by BIMC section on affordable housing. While no
requirement will be set by the KCCHA that all purchasers qualify as middle income purchasers, it
is the intent of KCCHA to build a housing subdivision that would be available to those
purchasers.
34. The benefits to the community provided by the replat of this subdivision have ensured that
the public use and interest will be served. The community will benefit from the increased open
space dedicated to the city as a public park; by the addition of at least six units of affordable
housing, and by the contribution of KCCHA to engineering studies of the Fort Ward Study 1
Area Drainage Basin and engineering plans for improvements to drainage control systems in the
Fort Ward area.
35. The stormwater and drainage systems for this subdivision are to be connected to the
upgraded stormwater drainage system owned by the city which runs along Fort Ward Hill Road.
A memorandum of understanding entered into between the city and KCCHA, signed by Mayor
Sutton on February 5, 2000, states that the city will have the storm drainage improvements
constructed during the fiscal year 2000/1, and that the city will own the improvements and assume
responsibility for the ongoing maintenance of that stormwater system. That agreement helps to
ensure that the new facilities improvements required off site will be in place to provide for a
stormwater and drainage system as this subdivision is built. This stormwater system will be
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designed to accommodate the additional stormwater run-off and drainage from this subdivision.
Letters of availability for water and sewer service have been obtained from purveyors serving the
Fort Ward area. Those letters of sewer and water service availability ensure that water and sewer
service will be available for the residents of this subdivision when needed. Existing utilities such
as electrical power and telephone service are located in the area and agreements to provide
service to the houses built in this subdivision have been obtained from QWest Communication and
Puget Sound Energy. The level of service available fi-om the utilities in the area will not be
degraded below the existing level of operation or below accepted standards by the addition of
residential uses in this subdivision.
36. On January 26, 2001 a Public Hearing was held before the Hearing Examiner to consider
the application. The public hearing was also held on February 7, 2001. The hearing record was
closed on February 21, 2001. Prior to the hearing notice was published in the Bainbridge Review
on January 10 and 17, 2001; notice of the public heating was mailed to the owners of property
within 300 feet of the proposed project, and notices were posted at the City Hall, the Chamber of
Commerce, and the Ferry Terminal on January 10, 2001; notice was posted at the subject
property on January 8, 2001 [EXHIBIT55.] Notice of the continued hearing was posted at City
Hall.
CONCLUSIONS OF LAW
1. This matter is properly before the Hearing Examiner for review and recommendation as a
quasi-judicial process under BIMC 2.16. BIMC 2.16.025.B.2. provides for a public hearing
before the Hearing Examiner who then makes a written recommendation to the City Council.
Adequate legal notice was given prior to the public heating which was held on January 26, 2001
and continued to February 7, 2001. The record was closed after the submission of additional
documents requested at the hearing. The record of the public hearing was officially closed on
February 21, 2001.
2. Evidence in the record shows that the KCCHA is the true legal owner of this real property
now to be replatted as the Fort Ward Parade Ground Subdivision.
3. The Secretary of the Interior Standards for the Treatment of Historic Properties provides
guidelines for treatment of properties listed in the National Register of Historic Places. Fort Ward
Historic District is listed in the National Register of Historic Places. The standards are advisory
only since this subdivision is not being fi~nded through federal monies. The Washington State
Office of Community Development in its Office of Archeology and Historic Preservation will
provide advice to developers of new in-fill construction in historic districts to help ensure that the
building plans will be compatible with the historic properties that survive within the historic
district. While that review by the State Office of Archeology and Historic Preservation is not
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required by Washington statutes, it can provide a helpful resource to ensure compatible historic
design materials and landscaping of new homes to help make them compatible with historic
properties that survive in the Fort Ward District. That consultation advice is available to cities
and to private parties upon request.
BIMC 17.04.094 sets forth the decision criteria for approval of a subdivision application.
5. BIMC 17.04.094.A.l.a: The Subdivision may be approved or approved with modification
if: 1. The preliminary subdivision makes appropriate provisions for the public health, safety and
general and public use and interest, including the following: a. Highways, roads, streets and
other transit facilities;
All homes being built in this subdivision will have access to a public street. The City
Engineer as determined that the traffic impacts from the residents of this subdivision, when fully
developed, will not increase traffic levels on those roadways of sufficient amount to change the
LOS presently enjoyed by residents in the area. There are public transit stops presently in place
on both Fort Ward Hill Road and Parkview Drive which will provide public transit opportunities
for residents of this subdivision.
6. BIMC 17.04.094.A.l.b: The Subdivision may be approved or approvedwith
modification if: 1. The preliminary subdivision makes appropriate provisions for the public
health, safety and general and public use and interest, including the following: b. Streets,
including street names, traffic regulatory signs and mailbox locations;
This application for subdivision has been reviewed by the Department of Public Works.
Recommendations have been made by the Department of Public Works to change street names
designated by the applicant, to eliminate "Lane" from any street names. Traffic regulatory signs
and mailbox locations have been tentatively approved on the preliminary drawings. As this
project progresses toward completion the applicant will be required to get the approval of the
Department of Public Works Building Division for the final street names, traffic regulatory signs
and mailbox locations.
7. BIMC 17.04.094.A.l.c: The Subdivision may be approved or approved with
modification if: 1. The preliminary subdivision makes appropriate provisions for the public
health, safety and general and public use and interest, including the following: c. Transit stops;
Transit stops are already in place on Parkview Drive NE and Fort Ward Hill Road NE.
These transit stops are easily accessible from the proposed Fort Ward Parade Ground subdivision
and will provide adequate access to public transportation for the residents of the subdivision.
8. BIMC 17.04.094A. l.d: The Subdivision may be approved or approved with
modification if: 1. The preliminary subdivision makes appropriate provisions for the public
health, safety and general and public use and interest, including the following: d. Pedestrian
facilities;
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The project site plan calls for the development of 5ft. gravel pathways throughout the
large open space area being retained on the west and north portions of the project site. These
paths will be constructed by the applicant prior to the open space area's dedication to the City of
Bainbridge Island as a public park. In addition, the City Engineer has required 5~. sidewalks
along all roads within the subdivision to provide for pedestrian safety on the narrowed suburban
roads being approved for this subdivision. These pedestrian facilities will provide access to the
housing in the subdivision and will also provide access to the future public park from the
surrounding neighborhood.
9. BIMC 17.04.094.A. 1.e: The Subdivision may be approved or approvedwith
modification if: 1. The preliminary subdivision makes appropriate provisions for the public
health, safetyandgeneralandpublicuseandinterest, includingthefollowing: e. Otherpublic
ways leading to and providing access to and within the subdivision;
The suburban roads Paul Avenue and Radio Lane, which are shown on the site plan dated
February 5, 2001, provide access to Parkview Drive and Evergreen Avenue NE. The roads
within the subdivision will be developed to Bainbridge Island residential suburban standards and
will be dedicated to the city upon completion. Evergreen Avenue NE provides access to the
driveways serving Lots 1-4 of the subdivision, and the remaining lots are accessed off Paul
Avenue NE and Radio Lane NE. These roads are of adequate width to provide safe ingress and
egress to and from the residences of the subdivision. Joint use driveways have been included for
lots 1-6, 8 & 9, and 21 & 22 to minimize curb cuts.
10. BIMC 17.04.094.A.l.f& g: The Subdivision may be approved or approved with
modification if: 1. The preliminary subdivision makes appropriate provisions for the public
health, safety and general and public use and interest, including the following: f. Schools; g.
School grounds:
This application is for a replat of portions of two previous subdivisions which were
purchased by KCCHA for this project. No school impact fees are required for approval of this
new replat, however, school impact fees, if not exempted, will be assessed at the time of building
permit application for residences built in this subdivision. This subdivision will be providing
students to the Bainbridge Island School District. Grade school facilities are nearby and middle
school and high school facilities are located in the center of the island. Bainbridge Island School
District has capacity to accommodate new school population anticipated from this development.
School grounds will be supported by school impact fees.
11. BIMC 17.04.094.A. 1.h, i. j. & k: The Subdivision may be approved or approved with
modification if: 1. The preliminary subdivision makes appropriate provisions for the public
health, safety and general and public use and interest, including the following: h. Open spaces;
i. Parks; j. Recreation facilities; k. Playgrounds;
One of the main purposes in reconfiguring this property into a new flexible lot subdivision
was to preserve as much of the old Fort Ward Parade Ground as possible in open space.
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Modifications were allowed by the City Council to the zoning requirements for lots in this zone to
maximize open space preservation. The site plan which has been offered by the KCCHA sets
aside 50 percent of the site in open space which will be dedicated to the City as a public park.
The KCCHA will develop gravel walking paths and landscape the open space and will recontour
the property to address drainage problems in the area. Once the development of this subdivision
is complete, that open space will be dedicated to the City of Bainbridge Island as a permanent
public park. There are no plans to develop recreation facilities in the open space. The subdivision
plan does not include plans for a structured playground. Recreation in the open space area will be
limited to informal active recreation such as kite flying or frisbee throwing, and informal passive
recreation such as picnicking, walking, photography and bird watching. No ballfields will be built
in the public park and there are no plans at the present time for the development ora tot-lot on
any portion of the open space. The preservation orS0 percent of the site as open space, available
to both this subdivision and to the residents of the neighborhood and community, recognizes the
public use and interest in this historic site. The preservation of the large open field area
commemorates this site's former use as a parade ground for Fort Ward during its use as a military
base. The development of this area and preservation of the parade ground open space is
consistent with the designation of the Fort Ward Historic District, and is compatible with the
residential uses being made of other properties in the Fort Ward Historic District. There are no
historic Fort Ward buildings located on this property.
12. BIMC 17.04.094.A.l.l&m: The Subdivision may be approved or approved with
modification if: 1. The preliminary subdivision makes appropriate provisions for the public
health, safety and general and public use and interest, including the following: 1. Fire and
emergency vehicle access; m. Fire flow;
This application for redivision of portions of two former subdivisions has been reviewed
by the Fire Department. During the course of review the Fire Department recommended that no
parking be allowed along the shoulders of Paul Avenue NE or Radio Lane NE to protect access
for emergency vehicles. A condition has been recommended for this project prohibiting parking
along Paul Avenue NE and along Radio Lane NE, to keep the roadways open for emergency
vehicle access. The Fire Department has reviewed the preliminary plat documents for this
subdivision and has approved the locations of fire hydrants on the site plan. As the property is
developed, final approval of fire hydrant locations must be approved by the Fire Department and
verification of fire flow adequate for the protection of the residencies built in the subdivision must
be provided to the Fire Department prior to issuance ora temporary certificate of occupancy for
any building in the project.
13. BINIC 17.04.094.A.l.n: The Subdivision may be approved or approved with
modification if: 1. The preliminary subdivision makes appropriate provisions for the public
health, safety and general and public use and interest, including the following: n. Drainage and
storm water facilities;
The applicant has entered into a memorandum agreement with the City of Bainbridge
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Island to provide a Study Area I Basin Study to determine economical solutions to known
drainage problems in the Fort Ward study area drainage basin. That study has been performed by
applicant's consultants and was provided to the city in September, 2000. In addition, the
applicant has provided engineering drawings prepared by a professional licensed civil engineer for
use by the city to complete the area storm drainage improvements recommended by the basin
study. The memorandum of understanding signed by the Executive Director of KCCHA and
Mayor Dwight Sutton on behalf of the City of Bainbridge Island, is included in the record as
EXHIBIT 78. These services were provided in lieu of a requirement for KCCHA to provide a
stand-alone detention system for the Fort Ward Parade Ground Subdivision plat. The on-site
drainage and stormwater conveyance facilities, built as a part of the development of this
subdivision, will be connected to the city system along Fort Ward Hill Road, reducing the need
for an on-site detention system for the plat. A stormwater and drainage control system for this
subdivision site must be approved by the City Engineer prior to final plat approval.
14. BIMC 17.04.094.A. 1.o & p: The Subdivision may be approved or approved with
modification if: 1. The preliminary ,~tbdivision makes appropriate provisions for the public
health, safety and general and public use and interest, including the following: o. Water
.~;tpplies, including potable water; p. Sanitary waste.
Water and sewer service availability letters have been provided to the applicant by Kitsap
Sewer District No. 7 and South Bainbridge Water Company. Since this is a replat of lots already
in existence, water and sewer availability for most of the lots have been provided under previous
subdivision approvals. Water and sanitary waste disposal will be available to all lots upon
construction. Bremerton-Kitsap County Health District approval has been obtained.
15. BIMC 17.04.094.A.2: The Subdivision may be approved or approved with modification
if: 2. The preliminary residential subdivision has been prepared consistent with the
requirements of the flexible lot line process and applicable flexible lot standards;
This application is for a replat of portions of two previously approved subdivisions. Lots
from two subdivisions are now under the ownership of KCCHA and are being combined into the
new Fort Ward Parade Ground Subdivision. Resolution 2000-29, passed by the City Council in
August of 2000, allowed modification to the zoning requirements for lot area, lot width, lot
coverage, parking, setbacks and street standards. A review of the subdivision by DPCD has
approved the reconfiguration of this site using the flexible lot design process, but making
modifications to the code requirements as authorized by RCW 35.83, the Housing Cooperation
Law. The flexible lot design process has been used to create a subdivision on this site which
maximizes the retention of open space which will be dedicated as a public park. This open space
park commemorates the former use of this project site as a parade ground for historic Fort Ward.
16. BIMC 17.04.094.A.3: The Subdivision may be approved or approved with modification
~' 3. Any portion of the subdivision which contains a critical area, as defined in Chapter 16. 20
BIMC, conforms to all requirements of that ordinance;
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No critical areas have been identified on this site. There have been no nesting or foraging
areas identified on this site for endangered or listed species. Substantial portions of the site have
been retained as open space which will continue to provide small animal habitat. Since there are
no critical areas, wetlands or steep slopes located on this site, the provisions of BIMC 16.20 are
not applicable. The site is not located within any wetland buffers.
17. BIMC 17.04.094.A.4: The Subdivision may be approved or approved with modification
if:4. The subdivision reasonably maintains and protects productive agricultural uses in the
vicinity of the property, including complying with BIMC 16.20.180;
No productive agricultural uses have been identified in the vicinity of this project site,
therefore, no accommodations were necessary to protect agricultural uses.
18. BIMC 17.04.094.A.5: The Subdivision may be approved or approved with modification
ii? 5. The overall destgn of the proposal minimizes soil erosion and the possibility of on or off-
site stream siltation, lana~'lides and mudslides and meets the requirements for drainage control,
codified in Chapter 15.20 BIMC.
This housing project is planned for a site which is a gently rolling field. The characteristics
of the site reduce the possibility of landslides or mudslides from construction at the site, or from
the use of the site for residential properties. Conditions will be required for approval of this
project which ensure that soils erosion protective measures are installed during construction to
minimize the possibility of soils erosion. No off-site or on-site streams have been identified which
might be impacted from siltation from this project during construction. Proper erosion control
measures will be in effect to minimize the possibility of any off-site siltation impacts during
construction. The drainage control plan submitted by the applicant will be implemented under the
supervision of the Department of Public Works. The drainage and stormwater control systems
will be connected to the city system along Fort Ward Hill Road and final approval of the drainage
control plan and stormwater facilities plan must be obtained from the Department of Public Works
prior to construction.
19. BIMC 17.04.094A.6: The Subdivision may be approved or approved with modification
if: 1. The preliminary subdivision design is compatible with the physical characteristics of the
proposed subdivision site;
This subdivision replat is planned for a large open area of rolling grassy terrain which was
previous approved for subdivision. The site is composed of Cathcart silt loam and contains slopes
between 2 and 8 percent. This soil type has been identified as moderately well drained soil which
is well suited for urban development of the densities suggested by this project, since the
residences will be served by community sewer. The development of this property for a residential
subdivision is consistent with the development of residential properties on surrounding sites and is
consistent with the topography.
20. BIMC 17.04.094.A.7: The Subdivision may be approved or approved with modification
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if: 7. The proposal complies with all applicable provisions of this code, Chapters 58.17 and
36. 70,4 RCW, and aH other applicable provisions of state and federal laws and regulations;
An extensive review of the applicable laws and regulations for federal, state and city codes
were made by the DPCD, Department of Public Works and other agencies who have reviewed
this proposal. It is evident after review of documents provided at the public hearing, the
testimony given, and a review of the staff report and memoranda of the Public Works
Department, that, if properly conditioned, the development of this subdivision can comply with all
applicable provisions of the BIMC, Washington State subdivision laws and all other applicable
provisions of state and federal laws and regulations.
21. BIMC 17.04.094.A.8: The Subdivision may be approved or approved with modification
if: 1. The proposal is in accord with the city's comprehensive plan;
The replat of this subdivision in the Fort Ward Historic District reflects the policies and
goals of BIMC Bainbridge Island City Council, in 1997 adopted the Fort Ward District
guidelines and incorporated them into BIMC 18.81. This project has been designed to be
compatible with those design guidelines. The City Council allowed a modification of the zoning
requirements for this property site to achieve the maximum open space in the site design. The
Comprehensive Plan goal of maintaining the historic district is enhanced by the retention of the
former parade ground site as a permanent public park commemorating that use. This property has
been zoned for residential development and its development for this subdivision is compatible with
the residential uses of all surrounding properties and benefits the neighborhood with the provision
of a 2.55 acre park.
22. BIMC 17.04.094.A.9: The Subdivision may be approved or approved with modification
if: 9. Wherever feasible, the preliminary plat design includes measures to minimize clearing,
with priority given to maintenance of existing vegetation and re-vegetation is incorporated into
the preliminary plat design when possible;
This site plan retains 50 percent open space in a naturally vegetated city park with 5 ft.
gravel walkways for access for informal active and passive recreation by members of the public.
Only one possible significant tree has been identified on the property and that tree is located in an
area to be developed as a city street. As part of the plat development a determination must be
made by the applicant as to whether a significant tree will be removed from the site, and if so,
provisions made for replacement elsewhere on the site. Open Space Area 'A' will be recontoured
to assist in solving drainage problems, and areas disturbed will be re-vegetated. Home sites will
be landscaped as lots are developed. The applicant will be required to draft an open space
management plan which provides for maintenance of Open Space 'A', as well and landscaping
and maintenance of Open Space 'B' in the plat.
23. BIMC 17.04.094.A. 10: The Subdivision may be approved or approved with modification
if: 10. The preliminary subdivision meets road and storm water management requirements.
This replat has been reviewed by the Department of Public Works which has given
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preliminary approval to the road design and storm water facilities plan. The KCCHA will
cooperate with the city in upgrading storm water drainage facilities to accommodate storm water
from this subdivision as well as other properties in the area. The applicant will be required to
meet the requirements of BIMC 15.20, and all storm water and drainage facilities must receive
approval by the Department of Public Works prior to issuance of a temporary certificate of
occupancy for any residence built in the subdivision. The Department of Public Works has
authorized a reduction in driveway width for roads interior to the subdivision, allowing those
roads to be developed to 18 ft. in width rather than the urban standard of 24 ft. in width. As a
condition of that approval no parking will be allowed along either roadway within the subdivision.
"No Parking" signs will be posted prohibiting residents or their guests from parking on the
shoulders of Paul Avenue or Radio Lane NE. The roadway system proposed by the applicant
provides access to Evergreen Avenue and Parkview Drive for residents of the subdivision.
Evergreen Avenue and Parkview Drive are fully developed public streets providing access to the
subdivision.
24. BIMC 17. 04. 094.B : A proposed subdivision shall not be approved unless written findings
are made that the public use and interest will be served by the platting of such subdivision.
The findings of fact made as a part of this subdivision review process define the many
aspects of the project which serve the public use and interest in the development of this property
in this configuration. In the previously approved subdivision, this project site was to be fully
developed without the retention of open space for a public park in commemoration of the Fort
Ward parade ground. This replat, under the modified flexible lot design process, has allowed the
retention of 50 percent of the site in open space consistent with the goal of the Comprehensive
Plan to retain characteristics of the Fort Ward Historic District. Findings have been made that the
public use and interest will be served by the platting of this Fort Ward Parade Ground subdivision.
25. B1MC 17.04.094.C: In making a determination of approval, approvalwithmodifications
or disapproval using the subsections A and B of this section, the following additional factors
without limitation will also be considered: 1. All public and private facilities and improvements
on and off the site necessary to provide for the proposed subdivision will be available when
needed;
Adequate public roads are available to provide access to the subdivision. Water and sewer
availability has been assured through agreements with Kitsap Sewer District No. 7 and the South
Bainbridge Water Company. Puget Sound Energy provides electrical service to residents in the
area and will make that service available to the residents of this subdivision. Telephone service
has been provided to surrounding properties by QWest Communications and will be available for
residents of this subdivision upon request. The one issue which remains is the ability of the
present storm drainage system operated by the city in the Fort Ward area to accommodate the
additional storm water and drainage mn-off from the development of this site into residential lots.
Through an agreement with the City of Bainbridge Island the applicant has been assured that
adequate storm water drainage facility improvements will be made to the city's Fort Ward Hill
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Road system to accommodate the additional impacts of storm water and drainage from this
subdivision. The applicant has contributed engineering services and basin studies to facilitate
those capital improvements to the storm water drainage system during the 2000/1 fiscal year. The
applicant has been assured by the city that these capital improvements to the storm water facilities
on Fort Ward Hill Road will be made in a timely manner so that the improvements are completed
and adequate storm water facilities are in place when needed for development of this subdivision.
26. BIMC 17.04.094.C.2: In making a determination of approval, approval with
modifications or disapproval using the subsections A and B of this section, the following
additional factors without limitation will also be considered: .... 2. Proposed new utilities,
.facilities and services, and the proposed additional use of existing utilities, facilities and services
will not degrade the existing level of operation and the use of such utilities, facilities and
services below accepted standards;
Providers of utilities, water and sewer services, and storm water and drainage facilities
have assured the applicant that the existing systems, or planned improvements to those systems,
are adequate to service the needs of this subdivision when developed. The addition of services
provided to the residents of this subdivision will not degrade the existing level of operation and
the use of existing utilities, facilities and water and sewer services below accepted standards.
27. BIMC 17.04.094.C3: In making a determination of approval, approvalwith
modifications or disapproval ustng the subsections ,'l and B of this section, the following
additional factors without limitation will also be considered:...3. The scenic value of existing
vistas which provide substantial value to the state and public at large, such as views from public
rights-of-way, parks and open space;
This subdivision has been designed to maintain the existing vistas of rolling open space
now available at the site, through the retention of more than 2.55 acres of open space on the west
and north portions of the project site. This new city park will be visible from Parkview Drive and
from residential lots along Fort Ward Hill Road, which adjoins the Fort Ward Parade Ground
Subdivision property. Most homes in this subdivision will border the open space and will enjoy
the scenic vista provided by this public park landscaping.
28. BIMC 17.04.094.C.4: In making a determination of approval, approvalwith
modifications or disapproval using the subsections A and B of this section, the following
additional factors without limitation will also be considered:... 4. Forest woodlots, individual
trees, and other existing vegetation and permeated surfaces which provide watershed protection,
groundwater recharge, climate moderation, and air purification for the public health and
welfare;
This subdivision is not being built on a wooded lot. There are very few trees presently
existing on the property. The naturally vegetated grassy open area to be retained in open space
will remain similarly vegetated after development. No groundwater recharge areas have been
identified on this site. With the exception of one tree no significant trees will be removed from
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the site. Additional trees and vegetation will be added to enhance the vegetation on the site.
29. BIMC 17.04.094.C.5: In making a determination of approval, approvalwith
modifications or disapproval using the subsections A and B of this section, the following
additional factors without limitation will also be considered: ...5. Existing habitat carrying
capacity of the property by providing wildlife corridors, and by preserving areas used for
nesting and foraging by endangered, threatened or protected species to the extent consistent with
the proposed new use.
This parade ground site has not been identified as a nesting or foraging area used by
endangered, threatened or protected species. The open field area has some existing habitat
carrying capacity as a wildlife corridor. The set aside of 2.55 of the 4.68 acres in permanent open
space will preserve that habitat carrying capacity for wildlife. The maintenance of this large open
space and its dedication as a city park is consistent with the new proposed use of this property for
a residential subdivision and will preserve the area for use by small animals and birds presently
using the site.
30. This subdivision application was reviewed under the State Environmental Policy Act and a
Mitigated Determination of Nonsignificance was issued by the city in December, 2000. No
appeals were filed from that MDNS and the conditions required for SEPA approval are now final.
Those SEPA conditions will be attached to this recommendation as additional conditions for
approval of the subdivision. This recommendation for approval is based upon the site plan
provided by KCCHA at the February 7, 2001 hearing; that site plan is dated February 5, 2001 and
is included in the record as EXHIBIT 74. In order for this subdivision to comply with the
requirements of BIMC and to conform to the policies and goals of the Comprehensive Plan
certain conditions must be attached to the recommended approval of the subdivision. The SEPA
conditions of approval are as follows:
1 .a Prior to any clearing, grading or construction activities and prior to final plat
approval, the applicant shall obtain a plat utilities permit from the Department of Planning
and Community Development. The plat utilities permit shall include a Temporary Erosion
and Sedimentation Control Plan.
1.b. All excavated material shall be re-used on-site. If the material is found to be
unsuitable for on-site use, it shall be disposed of at an appropriate disposal site.
1 .c. To mitigate air quality impacts during grading, contractors shall conform to Puget
Sound Clean Air Agency Regulations that insure that reasonable precautions are taken to
avoid dust emissions.
1.d. 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
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that does not require burning.
1.e. Complete storm water drainage plans designed in accordance with the Washington
State Department of Ecology Technical Manual shall be submitted and approved by the
City Engineer as part of the plat utilities permit.
1.f. To mitigate erosion impacts, all earthwork performed within the open channel
portions of the storm water drainage system shall occur during summer/early fall when
storm water flow is minimal.
1.g To mitigate storm water impacts associated with the site, an 18-inch storm drain
line shall be installed underground along the site's Evergreen Avenue frontage to the
satisfaction of the City Engineer. The construction drawing for the plat utilities permit
shall reflect this requirement.
1 .h. To mitigate water quality impacts, the open channels, where appropriate, shall be
designed to meet biofiltration swale criteria to the satisfaction of the City Engineer.
1 .i. To mitigate noise impacts to adjacent development, outside construction activities
shall be limited to 7:00 a.m. to 6:00 p.m. on weekdays (not including legal holidays) and
9:00 a.m. to 6:00 p.m. on Saturdays (not including legal holidays). Outside construction
activities shall be prohibited on Sundays and all legal holidays.
1 j. To mitigate aesthetic impacts, on-site utilities and utilities located along adjoining
street frontages shall be placed underground. The construction drawings for the plat
utilities permit shall reflect this requirement.
1 .k. To mitigate potential off-site glare, any street lighting within the subdivision shall
be hooded, shielded, and have a maximum height of 12 feet from finished grade.
1.1. Prior to final plat approval, the open space shall be landscaped, to the satisfaction
of the Director of Planning and Community Development, with native vege{ation, parade
ground grasslands, and/or ornamental plants. The plat utilities permit shall include
detailed landscape plans.
l.m. The 20-foot wide corridor between Evergreen Avenue and the main portion of the
open space shall provide pedestrian access to the open space. Pedestrian access to the
open space shall not be impeded by the construction offences, landscaping, or other
barriers. For aesthetic and safety reasons, the corridor shall be landscaped with grass,
groundcover, and shrubs not exceeding four feet in height. For aesthetic and safety
reasons, the portion of Lot I situated between the residence and the open space corridor
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shall not contain fencing and/or landscaping exceeding four feet in height. These
provisions shall appear as notes on the final plat.
1 .n. To the satisfaction of the Director of Planning and Community Development, the
walkways emanating from Evergreen Avenue, Paul Avenue, and Parkview Drive shall
connect and form a continuous open space trail network. The trail cross-sections shall be
included in the plat utilities permit and shall be approved by the City Engineer. This trail
network shall be installed prior to final plat approval.
31. In addition to the SEPA conditions which have been attached as conditions of approval for
this subdivision, additional non-SEPA conditions must be attached to ensure that this subdivision
development on the Fort Ward Parade Ground site conforms to the requirements of BIMC and
the Comprehensive Plan. Those recommended conditions are as follows:
2. Except as modified by conditions in this decision, the final plat shall be in
substantial conformance with the preliminary plat date-stamped February 5,2001.
3. Prior to submittal of the plat utilities permit applications, the applicant shall contact
planning staffto schedule a pre-submittal meeting to review the necessary components for
a complete permit application. In addition, with the permit application submittal, the
applicant shall attach a narrative detailing how each condition of approval was addressed
by the plat utilities plan.
4. Those portions of the subdivision involving lots created by the Fort Ward Estates
Division 2 plat shall comply with the plat restrictions regarding minimum lot size and lot
widths (5,000 square feet and 50 feet of width for interior lots, 6,000 square feet and 60
feet of width for comer lots).
5. The applicant shall secure a plat utilities permit from the Department of Planning
and Community Development prior to any on-site clearing or grading.
6. Prior to final plat application, the extraneous portions of Paul Avenue shall be
vacated in conformance with the Public Works Street vacation procedures.
7. Prior to plat utilities permit issuance, to the satisfaction of the Director of Planning
and Community Development, the applicant shall verify the status of the fir tree
(significant/non-significant) located to the northeast of the Paul Avenue cul-de-sac. If the
tree is deemed significant, the applicant shall modify the design of the subdivision to retain
it or shall, in accordance with BIMC 18.85.070(C)(2), request a modification of the
significant tree retention requirement from the Director and shall submit the requisite
replacement plan.
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8. As no new residential lots are being created by this plat reconfiguration,
subdivision approval is not dependent on payment of school impact fees. However, as
with any existing lot of record, school impact fees will be assessed in accordance with the
school impact fee ordinance in effect 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.
9. To the satisfaction of the Bainbridge Island Fire Department, the applicant shall
verify fire flow within the existing water lines and shall verify proper functioning of the
existing hydrant. These verifications shall occur prior to final plat approval.
10. To the satisfaction of the Bainbridge Island Fire Department, the applicant shall
install four-inch "STORZ" adapter couplings on the existing and two proposed hydrants
serving the subdivision prior to final plat approval. New hydrant locations must be
approved by the Fire Department prior to final plat approval.
11. Unless the roadway widths are widened to 24 feet, Paul Avenue and Radio Lane
shall be posted with "No Parking" signs along both sides of the entire length of the street,
as recommended by the Bainbridge Island Fire Department to ensure adequate access for
emergency vehicles at all times.
12. The following note shall be placed on the final plat:
Tandem parking shall be permitted where necessary to provide a minimum of two
on-site parking spaces for each residential lot.
13. The following note shall be placed on the final plat:
Each residence shall provide at least two on-site parking spaces. Each space shall
be at least 8' x 20'.
14. As the open space is envisioned to be a public park, at least three on-street parking
spaces shall be created along the site's Parkview Drive frontage. The required curb,
gutter, and sidewalk shall be designed to accommodate these parking spaces. The spaces
shall be constructed to the standards required by the City Engineer prior to final plat
approval.
15. All street frontages shall be improved with curb and gutter. In addition, the
following property frontages shall be improved with five-foot wide sidewalk: the south
side of Parkview Drive, the west and north sides of Parade Lane, the west side of Paul
Avenue, and the north side of Evergreen Avenue. Where necessary, easements shall be
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granted to accommodate the sidewalks. These street improvements are subject to review
and approval by the City Engineer prior to final plat approval.
16. Street names, signage, and mailbox locations shall be approved by the Public
Works Department and the Building Division prior to final plat approval.
17. Prior to final plat approval, the applicant shall submit an agreement, approved by
the City Council, specifying terms under which the Kitsap County Consolidated Housing
Authority (KCCHA) has joined the city in a cooperative effort to resolve the drainage
problems in the Fort Ward area. At a minimum, the agreement shall contain provisions
requiring that the drainage and stormwater run-offgenerated by the subdivision will be
accommodated by improvements to off-site facilities and/or on-site retention in
conformance with BIMC Chapter 15.20. The agreement's terms shall become conditions
of approval of this subdivision. Approval ofa stormwater and drainage control system for
this subdivision must be obtained from the City Engineer prior to final plat approval.
18. Fifty percent of the project site shall be designated as open space. The applicant
shall enter into an agreement with the city requiring that subsequent to final plat approval
and recordation, the open space will be offered for dedication to the city for use as a
public park. The agreement shall be reviewed by the City Attorney and approved by the
City Council prior to execution. If the city declines to accept the dedication, the applicant
shall develop an open space management plan in accordance with BIMC Section
17.04.080(G). The City Council shall review and approve the open space plan as part of
the final plat approval. Drainage problems in Open Space A must be resolved prior to its
dedication as a city park. KCCHA must obtain approval from the City Engineer for all
plans for drainage control and grading of Open Space A.
19. The following note shall be placed on the final plat:
Building plans for the residences shall be provided to the State Office of Archaeology and
Historic Preservation for advisory review in order to assess adherence to/be Secretary of
the Interior's Standards for Treatment of Historic Properties, 1995, and identification of
any concerns about adverse effect to the historic district. Written documentation of state
review shall accompany each building permit application. Compliance with
recommendations made by the State Office of Archeology and Historic Preservation will
be in the discretion of the Director to be determined on an application by application basis.
20. The following notes shall be placed on the final plat:
Pitched roofs between 6:12 up to 12:12 are encouraged for all new development. Roof
overhangs of at least 18 inches should be incorporated. Pitched roofs for porches between
3:12 up to 12:12 are encouraged.
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Long buildings facing the street, unbroken facades, and large blank walls are discouraged.
Large panes of glass and picture windows are also discouraged.
21. The following note shall be placed on the final plat:
If a subdivision community sign is desired, the applicants shall discuss the matter with the
Bainbridge Island Historical Society prior to filing a sign permit application with the city.
22. The following note shall be placed on the final plat:
Open Space - A shall be limited to informal recreation such as bird watching, walking,
photograph, picnicking, and kite-flying In addition, a portion of the open space may be
developed as a children's playground. Organized sporting events, the creation of formal
sports fields, and the use of motorized vehicles (except related to maintenance activities)
shall be prohibited. Open Space - B shall be retained as an area of lawns and gardens.
23. KCCHA must grade and landscape the open space areas as a part of the
development of housing lots in the subdivision. Landscaping must be completed prior to
deeding the open space to the city as a public park.
24.
Building to Building
Building to Exterior Property Line
Building to Roadways
Building to Trail or Open Space
Building Height
Maximum Lot Coverage
The following information shall be noted on the final plat:
Minimum 10 feet separation
Minimum 15 feet
Minimum 15 feet from all streets
Minimum 5 feet
Two stories and/or 30 feet,
whichever is lower
35 percent
25. At least six of the lots shall be developed with affordable housing units in compliance
with the provisions of BIMC 18.90, as amended by Ordinance 2000-40. The affordable
units shall be under construction prior to construction of the second nine-market rate
units. The affordable units shall be dispersed among the market rate units so that no more
than two affordable units adjoin each other.
26. The applicable provisions of Conditions lb, Id, li, lm, 8, 11, 12, 13, 19, 20, 21,
22, 24 and 25 shall appear as notes on the final plat.
RECOMMENDATION
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The application of Kitsap County Consolidated Housing Authority for approval of the
Fort Ward Parade Ground Subdivision is recommended by the Hearing Examiner provided the
conditions listed in Conclusions of Law numbers 30 and 31 are attached to that approval.
Dated this 23P'D day of April, 2001
Robin Thomas Baker
Hearing Examiner Pro Tern
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