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IDEL WEIS VAR11-22-00-1 CITY OF BAINBRIDGE ISLAND OFFICE OF THE HEARING EXAMINER itl 2:07 A;~PLI( ATION FOR PRELIMINARY PI AT APPROVAl. OF IDEL WEIS Si BD1V1SION A ~PLI(-ANT: JAMES SHORT SUB11-22-00-1 F1NDINGS OF FACT CONCLUSIONS OF LAW AND RECOMMENDATION SUMMARY f-his subdivision application has been filed by James Short on behalf of Arthur and Duetta \~ mss who are the owners of property located 160 feet south of the Madison Avenue NE and 1 ~wgren intersection in the City of Bainbridge Island The site is a 9.83 acre parcel which will be tit veloped with eleven residential building sites The preliminary plat design sets aside 6.63 acres, ( ~ 67 5 percent of the site in open space A hydrological analysis and a geotechnical engineering si ~dy have been performed at the site Both the Department of Planning and Community 1~ evelopment (DPCD) and the Department of Public Works (DPW) have recommended approval ~! this Neliminary plat with conditions. This project can meet the requirements of the Bainbridge I ,and Municipal Code (BIMC) and the Bainbridge Island Comprehensive Plan with the i ~position of appropriate conditions to ensure compliance, therefore, approval of the preliminary l,i~t is recommended FINDINGS OF FACT Ibis application tbr preliminary plat approval has been filed by James Short on behalf of \rthur and Duetta Weis. The Weis property is located approximately 160 feet south of the ~ tersection of Madison Avenue NE and Lovgren Road in the City of Bainbridge Island. The olect site is legally described as: /he South 10 acres of the North 15 acres of the Northeast quarter of the Noutheasl quarter of Section 10, 7bwnship 25 north, Range 2 east, W.M. In Kttsap County, Washitkgton, except the East 30feet thereof for Madison Avenue l'he prqiect site is identified by Kitsap County Assessors Account No.102502-4-002- I'he project site has a zoning designation of R-1 (l-unit per acre density) and a omprehensive Plan designation ofOSR-1 (Open Space Residential, 1-unit per acre density). D::~I 1-22 00-1 el ~,\'e~s Subdivision Page No I Heating Examiner City of Bainbridge Island CITY CLERK ~rrounding properties to the north, south and east are all zoned R-l, property to the west is ,ned R-0 4 Likewise, surrounding properties to the north, south and east have a ~nprehensive Plan designation of OSR-1, while the property to the west has a Comprehensive an designation of OSR-0 4 This project has been designed pursuant to the flexible lot design ocess and meets the minimum lot size requirements for this zone. The proposed lots range in ,c from I ¢,,813 sq ft to 24,205 sq fi lndividnal septic systems will be placed on each lot, those stems must meet the minimum requirements established by the Bremerton-Kitsap County Health strict .\11 proposed lots exceed the minimum lot width which is 50 fl. Building setback and ~ ;iximum lot coverage requirements will be listed on the face of the final plat and checked for mpliance at the time of building permit review Storm water management will be provided uugh a s~orm water system designed to serve all lots. Individual on-site storm water infiltration qems will not be permitted on individual lots due to the small size of the lots. The maximum area covered by buildings in the R-1 zone cannot exceed 15%. This project site contains 8 195; ,q fi The maximum lot coverage permitted on this site is 64,229 sq.ft. The applicant ~poses lot coverage which is less than the maximum amount of lot coverage permitted. dculatmns oflo! coverage for each building lot will be determined at the time of building permit l'hts project site is surrounded on all sides by single family residential development and urxtevcloped property The Weis parcel contains a single family residence which fronts on M ~dison ~\venue NE This existing residence will remain on Lot I There are no productive a~,icultmal uses being made of properties in the vicinity of this subdivision. '1his property has been partially cleared and re-vegetated with grass for use as a single rt-.ident~aI lot The site gently slopes toward the west, with a steeper portion of the property ated ,,n the western end of the site Just west of the proposed location for a storm water ention pond, the terrain becomes steeper with 20% slopes west of the pond. This area has been ntified as a geologically hazardous area. SIope setbacks have been delineated on the site plan. detention pond will be built in the slope setback area and will encroach upon the 20% slope. /:LYHIPl/T 56.~hr aerial photograph qf stte./ The detention pond is designed with two cells, both located about 40 ft. from the top ora 2~,"~ slope area The pond berm will have a top elevation of approximately 300 feet. The ponds w~il have an approximate depth of 8 ft, with the two detention cells being separated by a Iow bc~m Water will discharge from the north detention cell through a control structure, into an ~PE pipe, to an energy dissipater Water will spill onto the 20% slope northwest of the pond. May 2~ 2001 geotechnical engineer's report by Krazan and Associates has been reviewed by th< Department of Public Works and has been accepted as meeting the requirements of BIMC 20 080 provided certain conditions are met by the applicant. Those conditions are explained itoss Hathaway's letter dated May 31, 2001 /See Attachment A to EXHIBIT 64.] I&' Weis Pa~ e No Hearing Examiner City of Bainbridge Island l'he preliminao' site plan has been designed to comply with the requirements of the ~mcal \teas Ordinance (BIMC 16 20) No streams or wetlands have been identified on the open', Geologically hazardous areas have been identified and facilities have been designed to otecl those areas ['rom impact INs property bas not been identified as a wildlife corridor. The Department of Planning ~d Community Development provided a mapping detail of the known wildlife corridor in the emit,, of this property /PJXHIBll' 64, Attachment I his subdivision will provide eleven single family residential tots, including Lot 1 ~vhich . retains the existing single family residence It is anticipated that homes built in this subdivision ,~ dl be owned by families with children Those children will be provided school services by the Bainbridge Island School District School bus transportation will be available along Madison ', venne NE Public bus transportation is also available along Madison Avenue NE. Bus transportation ~, prowded by Kitsap Transit Kitsap Transit has agreed to build a smart commuter shelter at the ,. ~trance to this subdivision with funding provided by the applicant. The Department of Public x3 orks has approved the design ora bus pull-out to be built at the intersection of the new plat ~ ad and Madison Avenue NE That approved design is included in EXI-IIBIT 69 and is identified Drawing No 0-050, approved bv Jeffrey M Jensen, City Engineer, July 14, 2001. The , instruction of the bus pull-out and proposed commuter shelter will be reviewed by the 15epartment of Public Works for approval prior to final plat approval. l'he subdivision access road will intersect with Madison Avenue NE. Madison Avenue ~, E is identified as a secondary arterial on the Bainbridge Island Comprehensive Plan Functional R~ad Classification Map The Department of Public Works has determined that the portion of Madison Avenue between Lovgren Road and Highway SR305 is classified with a Level of Service ~i OS) B ~ating [he existing recorded peak hour volume for this section of roadway is 510 ', ,Chicles pe~ hour An LOS-B rating is based on a maximum of 750 vehicles per hour during peak ~'= ,~ The projected additional 110 vehicle trips per day from this new subdivision will not affect l~ e LOS classification fo~ this section of roadway The speed limit on Madison Avenue NE at this cation ~s 40 MPH this subdivision will be provided water service by the North Bainbridge Water Company. · water availability letter xvas received from the North Bainbridge Water Company, Inc., dated \pril 1{ 2001./I,.;¥HIFIIT54.] Residences built in this subdivision will be serviced by on-site septic systems. Storm ainage ,,,,'ill be controlled by a community storm water conveyance system supplemented by an site multi-cell storm water detention pond, as shown in the preliminary drainage plan Ptge No 3 Hearing Examiner City of Bainbridge Island I'his subdwision will be provided fire protection by the Bainbridge lsland Fire Department !~e File Department has reviewed the revised preliminary plat plan for this subdivision (date ,:amped May 25. 2001 by DPCD) Earl Davis, Code Enforcement Official for the Fire epartment, has approved the revisions /['JXHIBIT 64, Attachment ('7.] Fire Department ,~ ~provai ~s conditioned upon installation of an 8 inch (8") water line connection to the fire drants All new fire hy&ants must have 4 inch (4") "Storz" adapter couplings. The access road lhe subdivision must be constructed to Bainbridge Island road construction design standards. '~e ttunaround of the temfinus of the subdivision street has a 45 ft. radius and will conform to the ~e Department's requirements for fire and emergency vehicle access The water mains proposed the applicant will provide fire flow adequate to meet the minimum requirements of the Fire 1 ;epartment Fire Department approval will be required prior to the issuance of any certificate of cupancv fbr a residence built at this site INs subdivision will be provided police protection by the City of Bainbridge Island Police ~epartment School impact fees will be assessed on each building lot. These impact fees will help to ovide Funding for schools and school grounds in the City of Bainbridge Island. l'here are no playgrounds or active recreational facilities designed as a part of this ,~ bdivis~on However, this subdivision is located within a mile of the Wilkes Elementary School here playgrounds are available for public use. The residents of this subdivision will have access receational properties owned by the Bainbridge Island Park and Recreation District (BI~RD) addinon, the Ted Olsen Nature Preserve, owned by the Bainbridge Island Park and Recreation hstrict, ~s located across Madison Avenue NE from this subdivision. The applicant has also a!jeed ~o make improvements to Madison Avenue NE along the street frontage. The applicant dl construct a 5t'oot wide bicycle lane and a 3 foot wide gravel shoulder along Madison Avenue Iht Flexible Lot Design process was used to design this subdivision. The building lots are awn un the eastern half of the property in a relatively flat area which had been previously ieared and re-vegetated The forested portion of the lot has been set aside as open space. A tal of (', 63 acres or 67 5% of the site has been set aside as open space. [EXHIBIT64, tachmem (;.} The preliminary subdivision design is compatible with the physical characteristics this p~oject site Steep slopes have been identified on the property and home building sites I ye not been placed in that area Conditions will be imposed on storm water facility construction protect slope stability A preliminary open space management plan has been filed by the ,plicam/t,~ZHI;';/T 12./ The final open space management plan and associated covenants, iB1122 Oo 1 Web ";ubdix/s~on Ptge No 4 Hearing Examiner City of Bainbridge Island ,nditicms and rcstuctions containing the maintenance and responsibility provisions for the open · ~ace x~ill be approved by the Director of Planning and Community Development and recorded recurrently with the final plat Properties located to the north and to the south of this project · le comain dense stands of mature vegetation While adjoining properties do not contain esignated greenways, nor do they contain designated open space areas, the 5 acre common open · ~ace fi~r this project provides a connection to those adjacent vegetated areas. The retention of ttlve x cgetation m a 25 [bot setback on the rear lot lines of the individual lots helps connect with ~ vegetated areas on adjacent lots The applicant's site plan also proposes a 40 tt. building -:.tback and open space area along Madison Avenue in which native vegetation will be retained. ~ pedestrian trail will be built by the applicant within the 5 acre common open space. The : edestrian trail is identified on the ~evised site plan [Attachment G, EXHIBIT64.] The trail ,cation compliments the natural setting of the open space and provides access to the natural park ~ea and t~ced area remaining on the site The pedestrian trail will be constructed prior to the sale f tots ,u the subdivision The construction of the trail will meet the minimum access trail design tandards identified in Section 3 4 I I of the BIPRD Comprehensive Plan [Attachment E, \iH1t¢/7 64 ] This recreational trail will provide recreational access to the common open space, ,rile art the same time minimizing the impact to the open space by concentrating pedestrian traffic n the s~ngle loop trail rather than on multiple trails throughout the open space. .~ {.ocated along the east lot line of Lot 10 is a mature stand of trees approximately 80 feet eep 1Ns mature stand is dominated by western cedars The proposed home site on Lot 10 is ~cated 40 ft to the west of the Madison Avenue NE right-of-way. Mature vegetation in that 40 , setback will be retained The entire 40 fl setback area along the east property lines of Lots 1 nd 10 will be maintained as a no-cut no-build open space area Areas on the site which contain lopes ~reater than 15% and some severe soils conditions will be set aside for protection in the ,pen s~ace area to the west Supervision of construction of the detention pond in the critical area viii bet required of both the project engineer and the geotechnical engineer retained by the ~pplicant [his property is not located next to a scenic road Madison Avenue NE has not been tesignated as a scenic road Madison Avenue NE is identified as a secondary arterial. Sixty feet ,fright-of-way is designated for that roadway The right-of-way adjacent to this project site neets the requirements for a secondary arterial under the Comprehensive Plan Functional Road 'lassification Standards This site contains significant trees along both the north and south property lines. To ,teser',e significant trees arid native vegetation along the perimeter of the site, a 25 foot wide ~iivatelv owned restricted area/open space has been designated along all rear lots lines. Within 3[!BII 22-00 1 del Weis Subdivision Page No 5 Hearing Examiner City of Bainbridge Island ns open space area, 30% of the significant trees, as defined in BIMC 18 85, and 50% of the ativc m~derstop,' will be preserved Preservation plans for these open space areas on the private ,ts will be submitted prior to any clearing or grading for the development of the lots. A rese[x ation plan must have the approval of the DPCD prior to initiation of any construction -,;tivitics In order to ensure that designated trees and understory are protected during )nstmctnm, preseFvation plans must include a method for marking trees and understory ~otected fi-om removal Any drain field or infiltration basin placed in the open space area on the ~dividuai lots will be installed by a method designed to limit, as much as possible, the amount of %etatton removal from thc open space. If necessary, to retain significant trees and understory in open space, drain fields and infiltration basins will be installed by hand rather than by heavy pnpment No burning will be allowed for disposal of cleared vegetation from the site. I'hc revised site plan designates 6 63 acres as open space, (67.5% of the property.) 50.9% t'the open space is passive open space Right-of-way totals .53 acres, or 5.4% of the open race Pedestrian/landscape easement open space totals. 13 acres or 1.3% of the open space. esn Jo',ed areas open space in the 40 Pt and 25 ft. setbacks on privately owned lots total .97 acres c) 9°/,, of the open space The minimum required percentage of open space in the R-1 zone is ¢% of the project site The proposed project meets the minimum open space requirements for Ihe applicant proposes dedication of the subdivision street and associated right-of-way to ,! e cit5 after construction to city construction and design standards. The subdivision access :: ,adwa5 will have direct access onto Madison Avenue NE at a point in the center of the east t, opem line where the northern driveway entrance 1bt the existing home is now located. The c ;isting southern driveway entrance fi-om Madison Avenue NE will be eliminated. Location of ~ ~ffic s~gns, mailboxes and designation of street names will be subject to the approval of the epartment of Public Works (DPW) prior to installation ~\ two cell storm water detention pond has been designed adjacent to Lot 5 and directly >~,uth oF l.ot 11 The pond access road will be built as an extension offthe vehicle turnaround ~, ea at tiao end or'the subdivision road The access road will be constructed according to design >l andards contained in Vol 111 of Hydrologic Analysis and Flow Design, pages 94 and 95 //.VH/fl//64, Attachment B./ The pond will be surrounded by security fencing. The security ttncing will. as a minimum, meet the standards tbr a Type 1 fence as described in the Department , [zcology Manual, Volume 111, of Hydrologic 3malysis and Flow Control Design, (1999), pages ~ and (~6 /f'~.VH//~/T 64...lttachment B.] DPW approval will be required prior to construction of lacing around the pond Vegetatbe screening will also be required to screen the fencing from ~ cu. b5 ~djoining lot owners Fencing around the detention pond is necessary to protect children ? rBll~22 00 1 t i ,I Weis %uhdt',islon P~ge No O Hearing Examiner City of Bainbridge Island the subdivision from access to the pond areas 'l he applicant has proposed to place street trees between the subdivision street and the t ,,destrian walkway Those trees will be located along the southern edge of the subdivision road fiont ot'I,ots I tN ough ~, A pedestrian walkway will be constructed along the southern ,undar'~ el'the street The walkway will originate at the intersection of Madison Avenue NE and ,ntinue west along the southern boondary of the street The walkway will be constructed to city and construction standards as approved by the DPW This walkway will also provide a t,,~destrian connection from the walkway to the bus shelter being constructed along the right-of- on Madison Avenue NE This connection will be designed so that pedestrians are not quirec! to walk m the street or a bike lane to reach the shelter Ibc western five acres of the site will be reserved in open space and will be held in ~mmon ownership through a homeowners association This area of the site will serve as a wale park area for the residents of the development The only improvements within this ~mmen open space area will be the looped trail and the storm water detention facilities built in south eastern corner of that open space l'he Kitsap County Health District recommended approval of the preliminary plat ,XHl]gl7 44] This approval is subject to the following conditions: i) Huildm, g Site applications for on-site ~ewctge dL~posal for each lot have been submitted and reviewed by the Health District. Soils appear acceptable for on- wle ~ystems but there are several tssues that must be resolved prior to approval [ swuatlce (~f blll/dlllJ,~ permil.v must be withheld untilfinal BSA approval; 27~ .On site stormwater ,~ltration ,ystems will not be permitted on any individual lots dtte lo the small lot sizes'; .0 Water ts to bt: provided by the North Bainbridge Water ('ompany. A bindmj4 wrtler avai[at~i[iO' letter will be reqmred prtor lo final plat and BSA approval. \ preliminary hydrological analysis was performed for the preliminary plat of the Idel ~ eis Subdivision The analysis was performed by Mark W. Eisses [EXHIBIT 11.] This ~vdrological analysis helped determine the storm water facility design. The storm water detention tcility will be designed to release the storm water runoffat pre-development rates into the open ~ ,ace area west of the detention pond This analysis concluded that there is no runotT from Xladison Avenue NE onto the project site The property to the north of the project site was t ~und 'x, drain to the ,~est with no apparent off-site runoff entering the project site. This project , te drams to the southwest margin of the site, however, no clear drainage channels were noted. i unoff from the project area drains toward the ditch along SR 305 approximately 1/4 mile ',11311 2:2 (/~ I lei Weis ~,ubdiviston }'age No 7 Hearing Examiner City of Bainbridge Island '. ,wnslream No downstream adverse affects were noted due to mnofffrom this site. Mr. Eisses included that there would be no adverse affects from the proposed development of this site , hich ale expected to impact the downstream corridor l'he eastern half of this project site is the area proposed for development. This area is , lali~ elx fiat and has very Iow landslide or mudslide potential. The western half of the parcel retains site conditions which are more prone to soils erosion and landslides and mudslides !,'cause of the steeper slopes That portion of the site will remain undeveloped as common open -~,ace. except for the construction of the storm water facility. The overall design of this -~ :bdivis~on fits the physical characteristics of the property and minimizes the possibility of on-site , off-site landslides or mudslides by development being concentrated on the eastern portion of ti e property Temporary erosion control measures will be required during construction. Ihis project will not degrade the level of operation of water service, sewer facilities or ~l )tm ~ater facilities below accepted standards Water service will be provided by the North P, iinbridge Water Company, sewer facilities will be provided by on-site individual septic systems a~d storm water f'acilities will be provided through an on-site community storm water detention 'lhis project is consistent with the goals and policies of the Comprehensive Plan. It is {:*ts~gned to preserve forested areas on the property It protects critical areas in protected open ace Natural landscape will be preserved in the 5 acre protected open space on the western half the site The eastern portion of the site had been developed and cleared for a single family ~sidence Some native vegetation and significant trees along the perimeter of the lots on both the ,rth and south property lines will be retained in privately owned restricted open space areas. '~ ature ~egetation will be protected in the 40 feet setbacks from Madison Avenue NE. The l,,oposed siting of the building lots avoids impacts to steep slope areas. The storm water facility Il be designed to minimize the impact and maintain slope stability Ihe public use and interest will be served by the platting of this subdivision. The bdivislun will provide additional housing for an increasing population in the City of Bainbridge I.and I'he plat has been designed according to the flexible lot design process as required by the Unbridge Island Municipal Code and complies with the Zoning and Comprehensive Plan density s~gnations for the property Lot I 1 has been set aside as an affordable housing building lot. ~is subdivision maximizes the site's potential density with the addition ora density increase by ~e market ~ate bonus unit for the afl'ordable housing unit This property site has been zoned for ~gle fim~ilv residential development which is consistent with the R-1 zoning designation. Much the ex~sting vegetation on the property will be retained, thus maintaining the existing habitat S B11-22 ~)l/ i I:~ i Wins Subdivision P~ge N{' 8 Hearing Examiner City of Bainbridge lsland c ,,[~ing capacity of the property through the retention of significant trees and natural understory ( ~ Cen space requirements have been met l'he preliminary plat as proposed meets the road design requirements of the City of b dnbridgc Island provided all conditions proposed by the DPW and the DPCD are followed. lis subdMsion road will be dedicated to the City of Bainbridge Island after completion. Al2er ~, ceptance of the dedication the roadway will be maintained by the City \n open space management plan has been filed by the applicant EXT]IB1T48.] This eIiminary Open Space Management Plan requires amendment to reflect the changes made to the eliminate/plat plan during the public hearing process. Conditions attached to the approval of t~,e plat will require revisions to the Open Space Management Plan Review and approval of the li~n by the DPCD will be required prior to approval of final plat. The five acre common open ace on thc west portion of the property will be maintained in its present condition with the ceptL, n of the storm water detention facility construction and construction ora looped walking Ul \o other recreation facilities or planned activity areas will be allowed in the open space. No [:ay fields, delineated picmc areas or barbeque pits will be allowed ~\ SEPA Mitigated Determination of Nonsignificance (MDNS) was issued by the City of B~inbridge lsland on March 4. 2001 No appeals were filed. The MDNS is final. ()n May I I, 2001 a Public Hearing was held before the Hearing Examiner to consider the ~ ~plicat~on that public hearing was continued to June 8, 2001 Prior to the hearing, notice was ~blished m the Bainbridge Review on April 25, 2001; notice of the public hearing was mailed to owners of property within 300 feet of the proposed project, and notices were posted at the ~tv Hall the Chamber of Commerce, and the Ferry Terminal on April 23, 2001; notice was ~sted at the subiect property on April 26, 2001 [PiXtIIBIT62.] · \ s~te visn was made by the Hearing Examiner after the first public hearing. CONCLUSIONS OF LAW This matter ~s properly before the Hearing Examiner for recommendation to the City ouncll as provided by B1MC 17 04 and BIMC 2.16 110 The public hearing was held in this ~,atter on May I l, and was continued to June 8, 2001. The record remained open for the receipt Fdocuments from the DPW Those documents were received on July 30, 2001 and the record ~ as closed Adequate legal notice was given for the public hearings held in this matter. · JB11-22-01~ 1 tel Weis %ubdivisi~m tage No 9 Hearing Examiner City of Bainbridge Island ,x. rthur and Duetta Weis are the legal owners of the property on which the Idel Weis · ~hdNislon is proposed The final review and recommendation for this subdivision has been based n the ~¢vised preliminaIT site plan provided to the DPCD on May 25. 2001. That site plan is ~cluded m the record as 4ttachmeu~ (; to ER'it/BlT 64 l-his preliminary plat of a subdivision for the Weis property meets the criteria set forth in illMC !7 04 fo~ a subdivision designed under the flexible lot design process. The project will ,~mpk with provisions of the BIMC. RCW 58.17 and 36.70 (A), and all other applicable . !'ovisions of State and Federal laws aad regulations provided the review and conditions , ~.~ ommended for this project are complied with prior to final plat approval. Conditions have ~ een recommended by DPCD and by other reviewing agencies to ensure compliance with the !flMC and the Comprehensive Plan BIMC 1V 04 094 sets forth the decisioa criteria for a recommendation of approval for a ,relimmary subdivision of this property BIMC 17 04.094 A 7he subdivision m~O' be approved or approved with modifications if: 7he prelimittao, slthdlVi.¥lotl makes appropriale provisions for the pnblic health, safe~ and /eneral a.d puhlic use and mtere.st, including, the.fi>llowlng: a. High.s, roa&, s~eets and ~lher lratls'Jl./~cJJJlies; I'his prelimina~ plat proposal is designed with a common access street for all tots down he cemer of the subdivision This access road will be developed to City of Bainbridge Island lesign and construction standards and is proposed to be dedicated as a public street upon ompletion This access road connects with Madison Avenue NE which is a seconda~ a~efial vith sufficient capacity to absorb the projected 110 additional car trips produced by ~11 levelopment of this subdivision A transit shelter has been proposed for the Madison Avenue ight-ogway for the use by residents of this subdivision The design and location of this transit top ha~ been reviewed and approved by the City Engineer An access road has been provided rom the tnteno~ street to the storm water detention facility to provide access for maintenance of hat community facility BIMC 17 04.094 A: '/he .w~bd~vi,won may he approved or approved with modifications if: /he prelimma0 subdivision make.s appropriate ,t)rovisions for the public health, safety and :etmra/ and puhlic use and intere.% ittchtding the folh)wmg: ...b. Streets, inchtding street ~atne& trq[fic reguhtto0 shkmx and mailbox location.vi ['he designation of mailbox locations and traffic regulatory signs, as well as acceptable ,treet names will be reviewed and approved by the DPW prior to final plat approval. Adequate ,pace ~s available on this site plan for the placement of street signs and mailboxes to serve the ,ubdivlslon ~1 I}3l 1-22-00-1 del Wt'~s Subdivision ~age No I0 Hearing Examiner City of Bainbridge Island [llM(' 17 04 094 A '[he subthvi,~ion mrt)' be approved or approved with modifications if' / ]w t!"ehminrt~7 ~uhd~wsiott makes appropriate provisions for the public health, sqfety and ttcrrt] ~md pubhc' use atut interest, tnc[uditlg the followtn,g:.., c: Transit stops; : he applicant has proposed building a smart commuter shelter in the Madison Avenue NE :ht-of~x,~a~ for use by residents of this subdivision The design for the bus pullout has been c~ewed and accepted by the City Engineer [EXHIBIT 69.] This transit stop will be constructed the intersection of the new plat road and Madison Avenue NE P, IMC 17 (}4 094 A Ire subdivtsiott may be approved or approved with modifications if: /he i~reliminarv ~'uhdtv~s'ion mctkes approprtate provisions fi~r the public health, safety and )...etw[ ~md pubh~: use and interest, ittclttditl~ the.fidlowing:...d. Pedestrian P~cilities; [his subdivision plat includes a walkway along the southern edge of the cul-de-sac ,: adwav m front of Lots 1 through 5 This pedestrian walkway will co~ect with the transit area ~ nit ahm~ Madison Avenue NE A pedestrian trail has also been designed for the five acre open -ace ate~ on the west side of the prope~y. This walking trail will provide recreational access to ~ e open space for residents of this subdivision The trail will be built according to Bainbridge : land Park and Recreation Depa~ment Trail Standards/EXHIBIT 64, Attachment E.] A gravel ,:touldet will be built along the prope~y's Madison Avenue NE frontage for a pedestrian · alkwax BIMC 17 04.094 A ?he subdtv~sion may be approved or approved with modifications if: /he p~eliminar~ s'ubd~vlsmn makes appropriate provisionsJbr the public health, safe~ and c~'neral cmd publ~c use and interest, including the following: ...e. Olher public w~s leading to, ~,nl prrn'~dtn~ acc'e,ss to and within the subdivision; I'his subdivision road connects with Madison Avenue ~, a seconda~ aaerial. Traveling onh o[ south on Madison Avenue NE will provide access to SR 305. Driveways from residential ~ts will access onto the interior subdivision road for direct access to Madison Avenue ~. The . ~bdiwston road is to be dedicated to the City after construction to city design standards. BIMC 1704094 A Ire subdn,ision may be approved or approved with modifications if' lhe l.'elimi~lat3' snbdivisiot~ makes appropriate prov~sions.fbr the public health, safety and , e~errt/at~dpubllc u,~e and it~terest, including thefollowtng: ...fi Schools; g. School Grounds; l'his preliminary plat proposal includes lots for single family residential development. ' chool ~mpact fees will be assessed on each created residential lot. The assessed school impact ',ecs are designed to provide funding for school facilities to mitigate the impact of additional ;,opulat~on in thc School District B IMC l 7 04 094 A The subdivision may be approved or approved with modificattons if: ]he preliminary subdivision makes appropriate provisions for the public health, safety and ~ener~i tmd public use and intere~t, including the following: ..h. Open Spaces: ,lei Wt, 5 Subdiws~*~n )age No I 1 Hearing Examiner City of Bainbridge Island !his development has been designed under the flexible lot design process and sets aside (% ac~es m open space This property is located in the R-1 zone which requires a set aside of ~)°o of the property in designated open space. A total of 67.5% of this project site has been set ,ide as open space This meets the requirements for the R-I zone. An open space management !an wil place restrictions on the use and modification of the open space areas. A homeowners' ,socmat~on will be ~esponsible for open space maintenance and protection. ~ B [MC 17 04 094 A 7he sllbdlvl$1on may be approved or approved with modification; if: ]he/~rehmin~t?: xubdtv~sion makex appropriate provtsions for the public health, sztfety and :'*~eta! cmd puh/ic use and imere,'t, lnc[udin, k~ theJbllowing: ... i. Park*'; ~'his subdivision is located across the street from the Ted Olson Nature Preserve. esidem s of this p~ operty will have direct access tbr the use of that park In addition, a five acre ~r/ion ,ir'the site is being set aside in open space to be used as a private park like area for the ~Joyment of subdivision residents A pedestrian walking path will be built in the five acre open ;~ace at ca to provide access and minimize foot traffic impacts to the area. Access is available to her pa~ks in the area. including Fay Bainbridge State Park and the Hidden Cove ballfield. BIMC 17 04 094 A 7he subdtv~sion may be approved or approvedwith modifications if: /he/,rehmina(v vnbdlvl*'i(;n makes appropriate provisions fi)r the public health, safety and 't~era/ ,md pub/~c use and tnterest, inclndin&, the following:...j. .j. Recreation Fctciltties; k. Ibis subdivision proposal does not include plans to design a co--unity playground or her acnvc recreatiunal ~cilities There is a provision for an access trail to the common open ~pace retained on the western potion of the prope~y This subdivision is close to Wilkes emema~, School Residents of the subdivision would have access to the play fields at the hool s~te In addition, public parks are available in the vicinity. The applicant will construct a ~ ,:~c/e lane along the Madison Avenue right-of-way abutting this prope~y The applicant will mstrm~ a gravel shoulder to be used as a pedestrian walkway along Madison Avenue ~. The _vcle lane will b~ built ~r future connection a bike lane along Madison Avenue ~ The bike ~e ~ill provide additional recreational access for residents of this subdivision. There is a cleared ~ea m the 5 acre common open space which will provide a natural play area for residents. This ~ ~ared area will be maintained for thc private use of the residents. B IMC 17 04 094 A Jhe subdtvi*'ion may be approved or approved with modifications if: [,'ellm~tar_~ .~ubdivi.¥iot; makes approl)riale provisions fi;r the public health, safely and ~wt'al ~t,d pub& ~ise and interest, inchMing the.fo[lowing: .. 1. Fire and emergency vehicle This subdivision application has been reviewed by the Bainbridge Island Fire Department $ BII 22r~r) I I<l~t W¢~s Subdivision P:ge No 12 Hearing Examiner City of Bainbridge Island ,~ d accepted as providing adequate fire and emergency vehicle access. The 45 foot turnaround at t'~ ' end (or'the cul-de-sac provides adequate space for emergency vehicle turns. The size for water ~ m~s o,nnected to tire hydrants indicated on the site plan has received the preliminary approval t; the Fire l)epartment as adequate to provide fire flow to protect residences built in this :~diws~on Final Fire Department approval will be required prior to final plat approval. B 1 MC 17 04 094 A 7he xubdtvt.won ma), be at)proved or approved with modifications if.- /hc ?rclitninaty .~uhd~vt~'~on make, approprtate provisions for the public health, safety and neral .md puhllc use and interest, including, the fi~Howing: ...n. Drainage and slorm water I'h~s subdivision has been designed with a community storm water detention flcility The haw been determined to be too small for individual storm water infiltration systems A mmunity system has been designed with a two ceil storm water detention pond to be built in the ~ltheast corner of the 5 acre common open space set aside on the western potion of the ~perty A hydrological analysis of the prope~y was done prior to the design of the sto~ water :ilitv ~ prelimina~ drainage plan has been approved by the DPW. A Geotechnical Engineer's mn has been accepted by DPW [[~XH[BIT 64, Attachment A.] The sto~ water control :ilities will be constructed in accordance with City of Bainbridge Island and State of ashinglon storm water control standards The storm water control system will be maintained by homeowners association and provisions for the maintenance of the system will be provided in .mnn water f~cilities maintenance plan This plan will be reviewed by the DPCD for approval or to final plat approval This maintenance plan will include adequate provisions for the repair maintenance of the facility According to the geotechnical engineering report filed by ~azan Assocmtes/[,..YHIBIT 65/. the storm water drainage from this prope~y will be absorbed on- and will not impact doxvnstream prope~ies B[MC 1704094A The xubdivision may be approved or approvedwith modifications if: ./he/,reliminaO' subdivision make* appropriate prowsions fi~r the public health, safety and ~:~ neral,,tnd puhlic use atM inleresl, mchtding the.fidlowing: .o. Water supplies, inchtding table ~r~ler; 1-his subdivision will be provided potable water by the North Bainbridge Water Company, . The North Bainbridge Water Company has agreed to provide water service to the residences ~lt in this subdivision and has represented to the applicant that they have adequate water ailable tBr this residential use [EXHIBIT54.] i B IMC 17 04 094 A 7he .¥ubd~vision may be approved or approved with modifications if: , lhe prellmin~uy subdiv~ston makes appropriate provisions for the public health, safety and ,t ~ neral ,.md puhlic u,'e and interest, inchtdin,~ the following: . p. Sanitary Waste. Weis qubdi,,ision P,ge NO 13 Hearing Examiner City of Bainbridge Island I hit preliminary plat has been reviewed by the Bremerton-Kitsap County Health District h~cln has given their tentative approval Individual on-site septic systems will provide for m~taO waste disposal for residences built in this subdivision Individual BSA approvals must be ~lained prior to permit issuance for any residence The Health District has prohibited on-site ~lm x~atel infiltration systems for individual lots Adequate space has been designated on the '~s tm Ihe placement of individual septic systems BI MC 1 '7 t)4 094 A 7he subdivision may be al)proved or approved with modifications ~' / he Frehminary residentia/xnbdtvi.won has' been prepared consistent with the requirements of fl~,xvh/e [ol litte proce.s,s and applicable.flexible lot slandardw I'his prelimina~ lot has been designed consistent with the requirements of the fle~ble lot p~ocess and the applicable flexible lot standards The plat as proposed meets the quirements tbr minimum lot size. Open space requirements have been met. Lot setback and mens~onal requirements for each building site will be noted on the face of the final plat. Each of lots meets the minimum lot width requirement of 50 fl. in width. The ma~mum lot coverage oposed is less than the maximum permitted at this site Home site templates have been :s~gnaled on the individual lots, along with an indication of the proposed building envelope size. elexen lot subdivision meets the density requirements of the R-I zone with the addition of the taus urut fbr the attbrdable housing lot required in this subdivision , BIMC 17 04 094 A: 7he xubdivision may be approved or approved with modifications 3 ~ ny portion r~a xuhdtvision which contains a critical area, as' defined in 6~apter 16.20 ~44(~. coqform* to all requirements qf that ordinance' ['his site plan shows an area of steep slopes on the western end of the property. Buffer cas ha~e been designated for those steep slope areas No building or improvements will occur ~thin those slope or buffer areas except for the pedestrian path into the common area and the instruction of the storm water facility to service the subdivision. A geotechnical engineer's port has been provided by the applicant The repo~ concludes that placement of the storm ~ter thcitily in the steep slope area can be constructed in a manner that will have minimal impact ~ the ama Conditions will be placed on construction of the facility so that the steep slopes in e ama will be protected Construction methods will be used to minimize the impact on this 'ologicall3 hazardous area Hydrological analysis of the prope~y was made by the project r gmeet to suppofl the proposed design for the storm water detention facility on the site. No ellanes streams o~ other critical areas have been identified on the site Compliance with the qmrements of BIMC 16 20 080 will be made a condition of this prelimina~ plat approval B IMC 17 04 094 A 7he subrfivi.¥ion ma)' be approved or approved with modifications .1 'he s'ubd~vixion reasonably maintainx and protect.$'productive agricultural uses in the >'1411 21 ,)(~ 1 I i:l ~'cis Nil[~divisloli P igc No 14 Hearing Examiner City of Bainbridge Island tmO' ,~J [he proper(v, nwludit~g complyittg with blJM(' 16. 20. 180: ",c, productive agricultural properties have been identified in the vicinity of the project Properties to the nortt~ and the south are forested and some are partially developed for single nil¥ r~.sidential use BIMC 1704094A 7he suhdivtsion may be apt;roved or approved with modifications 5 i he: overrt/! des~(fftt (?f the prot~osal minimizes soil erosion and the possibili~ of on or off- ~, ~lrerm~ ~'iltat~ott, hmr~vlides and muds[idex attd meets the requirements for drainage control, ~hficd ,'t~ ('haFter 15. 20 BIMC; ~X p~elimina~ drainage plan has been filed by the applicant and has been reviewed and proved with conditions by the DPW Conditions imposed on the project will ensure compliance ti] BIMC 15 20 This project has been designed so that residential lot development takes place lhe eastern porXion of the 9 83 acre site, which is topographically well suited to residential velopment since ~t is a relatively fiat potion of the prope~y. The western potion of the .)pert~ approximately 5 acres, contains a more rolling terrain with some steep slopes. Those s,pes are located within the resemed open space area and will be protected from disturbance der an Open Space Management Plan Tempora~ erosion control measures will be plemented during construction to reduce the possibility of off:site stream siltation, landslides or tttslides BIMC 17 (14 094 A: lhe subdiwsion may he at)proved or approved with modifications t' 6 7 he preliminary xubd~wsiot~ design is compatible with the physical characteristics of the t '~ opo~ed .sltbdtvlsion site; 'I he preliminary subdivision design proposed by the applicant is compatible with the t i:ysical characteristics of this site The terrain is relatively flat and open on its eastern end where t'-e residential lots will be developed The terrain develops gently rolling hills toward the western t:~ If of the property The western portion of the property (5 acres) has been retained in open sl acc Adequate safeguards have been conditioned for the construction of storm water facilities i the open space area to ensure the rnaintenance of slope stability and erosion control. BIMC 1704094A lhe subdivision may be approved or approved with modiftcations / he proposal complies with all apphcable provisions of this code, Chapters 58.17 and , ~0.4 t~( 'W, ~tnd all other apphcable provisions qfstate and federal laws and regulations; :Xn extensive review has been made of this project by the DPW and the DPCD. nnmcnts have been received from the Washington State Department ofFish and Wildlife, ~inbfidge Island Fire Department, Bremerton-Kitsap County Health District, and the '.x ashington State Department of Natural Resources Conditions have been attached to the commended approval of this subdivision which will ensure that the code provisions of BIMC as P~ge No 15 Hearing Examiner City of Bainbridge Island ell as the requirements of RCW 58 17 and 36 70A. and all other applicable provisions of state ~ ~d federal laws and regulations will be followed Review of that compliance will be conducted an ot~-going basis during construction and will be assured prior to final plat approval BIMC 1 '7 04094 A Ihe subdlw.¥lOn may he aDproved or approved with modifications / ~w pro[~osal ~s m accord with the c~ly's comprehensive plan; 5s a part of the DPCD's review of this project review was made of the applicable potions ~he ('omprehcnsive Plan A discussion of those goals and policies is included in the st~repon XPtlJTJ/63,/This project is located on property with a zoning designation orR-1 and ~mprehensive Plan designation of OSR-I Fhe development ofsingle flmily residences on this rcage ts consistent with the goals and policies of the Comprehensive Plan. The retention of ,~ )en space and protection of significant trees and natural understow helps preseme the natural ~ ~aracte~ of the s~te consistent with the goals of the ,Comprehensive Plan Critical areas have been ,entitled and protected within the designated open space. Adequate prope~y line buffer areas ~, :ye been established to provide vegetation continuity with adjoining parcels and some vegetation . t'eening fiom Madison Avenue NE This subdivision has been designed in accordance with the t~ txible Mt design process, as required by the BIMC, and meets the goals and policies of the t }mprehensive Plan B [MC 17 04 094 A: 7he subdivtsion nuty bet apt;roved or approved with modifications 9 ~¢wreverfeasible, the prehmmary plat destp~ inchtdes measures to minimize clearing, th prt(wtlv given to maintenance c~existmg vexelation and re-vegetation is incorporated into c prehminaO' ?lat des~m when possible; 'INs prelimina~ plat design does seek to minimize the amount of clearing on the site by t ilizing the eastern potion of the site for residential lot development, and maintaining the ~.estern pmtion of the site in open space This site has previously been cleared and re-vegetated ,th grassy areas lbr use as a single residential lot/See EXHIBIT 56, aerialphoto~aph.) The ~' ature ~rees and vegetation located along the lot lines and on the western potion of the lot have I~,en prntected in open space and buffer areas Restrictions have been placed on the removal of ~es ff~.m those areas The open space areas will be protected by an Open Space Management an which will be binding on all subsequent lot owners The disturbance of a potion of the 5 re common open space, tbr the construction of the. storm water control facility, will be re- getated after completion of construction Disturbances or removal of vegetation wit~n the 25 open space along the southern and no.hem lot lines will be re-vegetated with native getatlolq BIMC 1704094A lhe subdivi.~.io, may hc at~proved or approved with modifications /he prelimina0 Yubdlvision meets road and slorm water management requirements. Wets %t~bdivision P:~ge Nc, Hearing Examiner City of Bainbridge Island [ins subdivision pruposal has been reviewed by the DPW and conditions have been placed , tbe In oposal to ensure compliance with the road and storm water management construction . mdards l'he DPW has given preliminary approval to the preliminary drainage plan filed by the ~! plicanI and the storm water facilities proposed for the site. The roadway on the site plan is of :~ equate width to meet the road standards of the City of Bainbridge Island for a subdivision and x !1 bt' ,_ohs)rue)cd to thc ('OBI road design and construction standards. There is adequate right- ~ way along Madison Avenue NE as it abuts this project site The applicant will construct a t :vole lane and graveled shoulder along Madison Avenue NE, as well as a bus pull-out and smart , mmuter shelter to accommodate subdivision residents Construction of roads and storm water ~ magement systems will be conducted under the supervision of the DPW and will require ~:i proval b~ the CiD Enginee~ prio~ to final plat approval BI MC 17 04 094 B A pro, t)oxed subdivisiott shall not be Ctpl)roved unless written findings ~ e made that the public u.~e and interest will be served by the planning of such a~bdivision. A written finding has been included in the Findings of Fact that the public use and interest x, II be served by the platting of this subdivision This finding includes an explanation of the uses [,~d interests that will be served by this subdivision. BIMC 17 04094 (' lttmakittyTadeterminationofapproval, approvalwithmod~cations disapproval u.~itt[4 the ct)terra it~ .~'ubsecliot~s A and B of this section, the following additional lc)ors' ~, ithou! limitatio, will also be considered: 1..4llpublic cmd private facilities and ,* ~provement.~ ot~ a~d off the site necessary to provide.for the proposed subdivision will be ~mlable when needed. During the review of this application for preliminary subdivision, it was determined that ~,dequate public and private facilities will be available for services needed to develop this property an eleven lot. single family residential subdivision Water service will be available through the '.<)nh Bainbridge Water Company, sewage disposal will be provided by on-site septic systems. : dequate public ~ oadway access is available fi-om the subdivision to Madison Avenue NE and to ','.~ 305. power will be furnished to residences by Puget Sound Energy and telecommunications rvtces will be provided by Qwest Communications, garbage service will be available through B ~inbridge Disposal. classroom space will be provided by the Bainbridge Island School District. nks and recreation areas will be provided by the Bainbridge Island Parks and Recreation I'~strict. fire protecnon will be provided by Bainbridge Island Fire Department, and police otect~on will be provided by the Bainbridge Island Police Department Availability of all of ese services will be confi)med prior to final plat approval BIMC 17 04094 (: 1~ making, a determtn~ttion of approval, approval with modifications disapproval usmj~ the criteria in subsections ,4 and B of this section, the following additional BII-22~0 1 i ::1 We~s SubdiMsion P~ge No 17 Hearing Examiner City of Bainbridge Island · ~clor~, '.~thou!/mutation wil/also he con.wdered.'...2. Proposednew utd~ties, facfl~tiesand , 'rvtcc~ and thc prol;o.~ed addittonal use (~fexiMin~ utihties, ~cihties and .s~rvices will not ,~,:~tztd~ tl~e existm,~, level (~ operatton attd the use of such utihties..~wihtie.¥ and services below Provision of electricity and phone service by Puget Sound Energy and Qwest ,m~mumcations will be available to this subdivision by accessing power lines and communication res in place along Madison Avenue NE The provision of these additional se~ices will not :egrade the existing level of operation and use of those utilities for other properties in the vicinity. ' onh Bainbridge Water Company has indicated that water semice will be available for residents ~thin th~s subdMsion and that the provision of residential water se~ice will not degrade the :~'renll,~ approved availability of~ater se~'ices to properties in the surrounding area. Storm . ater management will be provided on-site, as will sanita~ waste disposal Off-site facilities or -'rvices will not be required Ibr those systems Garbage se~ice will be available, if desired B IMC 17 (34 094 (' 3 Itl making, a determination of approval, approval with t)d~f~('~ltlOtL~' OF di.~approval using the criteria in subsections A and B c(this section, the llo~,i~&k, addit,mal fiwtors without limitation wdl also he considered:... 3. The scenic value q' zsnng vtstas whtch t;rovide suhstantial vahw to the s.tate and puhlic at lar~.e, such as views om Imhhc' mxhl.s-rff-wc(v' parks and open ~7)ace; Phis subdivision will be built across from Ted Olsen Nature Preseme and adjacent to N adison Avenue NE Madison Avenue ~ has not been designated as a scenic roadway. There 40 fl building setback on Lots I and l0 on the eastern portion of this subdivision, bordering x. adison Avenue NE Mature trees in that 40 fl setback will be prese~ed This 40 ~. setback be maintained as a privately owned, restricted area and a no-build no-cut zone. E~sting ~,getanon will be preset'ed to provide screening from the roadway, and to maintain the wooded :*ta fFom lhe park across the street Properties to the north and south are forested lots, some of x..qich have been developed with single family residences A 25 ~ treed open space has been ( .signated fbr thc rear lot line of all lots, both on the north and south property line, to prese~e continuity of wooded screening for adjoining properties A substantial portion of the open5 some 5 acres, has been retained as protected common open space Open space protects najorit~ of the wooded portion of the site BIMC 17 04 094(' btma~{'in~k, a determination of approval, approval with modifications dl,sat¥~roval l13itl~ the criteria itt subsection.$ A and B of this section, the following additional tot's ~*ithottl llmllaHott wall at~'o he constdered.',.. 4. Forest woodlots, Individual trees, and ~wr c~;t ~'nng vegetation and permeated surface,~ which provide watershed protection, ground ~ter ret harge, t'[imate moderation, and air purification for the pubfic health and welfare; [his subdivision plat design has taken into account the extensive wooded vegetation on t311 22 )()-1 I Weis Subdivision Page No 18 Hearing Examiner City of Bainbridge Island ,c lot [he designation of open space to preserve the natural areas on the parcel recognizes the due ot l~rest ,aoodlots significant trees and native vegetation. Restrictions have been placed on ~Iting and building in the designated open space areas Requirements have been set for the ~tentio~a or' significant trees No ground water recharge areas have been identified on this parcel, ~weve: 07% of the lot will remain free of impervious surfaces to facilitate ground water ~chargc - BIMC 1704094(i lnmakmgadetermmationr~at)proval, approvalwithmod~cations , ~tr~rqq.'oval ~,~mg the crtterta itt xubsections A and B (~thia' section, the following additional tc tor.~ ~t ~Ihout /~m~tatio~t ~vtll also be conxidere& ... 5. ~.~isting habitat car~ing capaci~ of the ~qJert~ &~ provi~tin~ wildlife CO.'Ir]Or'N, cmrt b)' presen'ing areas used fi)r nesting and fora~ng ~ enrtattgered, threatened or protecle~l .~peciex to the extent conxistent with the proposed new No endangered, threatened or protected species have been identified on tNs property. ye ac~es of natural wooded open space has been protected in this site design. This area will ovide nesting habitat fin bird and animal species nesting or foraging on the site. Most of the ea to be developed for subdivision lots has previously been cleared and re-vegetated with asses I'he existing habitat car~ing capacity of the prope~y is prese~ed through the ~signat~on of extensive open space on the western end of the prope~y. I'he decision criteria of BIMC 1704094 can be met by this application for preliminary ? at approval, provided the applicant complies with certain conditions to ensure compliance with rte BIMC and the Comprehensive Plan Those conditions are as follows: All SEPA mitigation conditions shall be conditions of approval: a Prior to any grading or construction activities, thc applicant shall obtain a Plat Utilities Permit from the Department of Planning and CommuniD' Development. b Prior to an_~ grading, or construction activities, the applicant shall submit a Temporary Erosion and Sedimentation Control Plan to the City Engineer for review and approval Prtor to an)' grading, or construction activities, the applicant shall submit lot specific vegetation preservation plans The lot specific vegetation preservation plans shall be accepted and approved prior to issuance of the Plat Utilities Permit. d Prtor to any clearing or grading, a grading permit shall be obtained from the City. c To mitigate air qualit5 m~pacts during grading, contractors shall conform to Puget Sound Weis Y, tlbdl~,lSIOlt P~ge No 1c) Hearing Examiner City of Bainbridge Island g k A~r Polltmon Control Agenc3 Regulations. which insure that reasonable precaut ons are taken to ax(lid dust emissions (B1MC Section 16.08.040) -[o mmgatc air qualit5 nnpacts during clearing activities, cleared vegetation must be removed from the site and/or processed by chipper or some other method of disposal that docs not require burning '1o mitigate noise impacts to adjacent development, construction and activities shall c(mfi~rm to ('haptcr 16 16, Noise Regulations To mitigate potential off:site glare, any street lighting within the subdivision shall be hooded or shielded so thc lamp is not visible from adjacent properties or public fights-of- Thc pri~atc open space shall be fenced x~ith construction netting and or silt fencing prior to an5 grading or clearing within the indMdual lots 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 prior to final plat submittal Any disturbance that occurs in the common open space area for the placement of the stom~ xxatcr drainage facilities shall be replanted with nanvc trees, shrubs and ground covcr The planting plan shall be submitted and approved pnor to final plat and thc planting shall occur during the next planting season following the approval A private pedestrian trail within the co~nmon open space shall be installed prior to final plat approval Thc walkway shall bc developed in accordance with the city's trail standards to thc satisfaction of the Department of Planning and Community Development. T}urt_,. percent of thc signific~mt trees as defined by BIMC 18.85 and 50 percent of the underlying native vegetation shall be preserved within the rear 25-feet of each lot. A smart commuter shelter shall be provided along Madison Avenue NE to accommodate users of alternative modes of transportation Thc smart commuter shelter shall bc installed in a location acceptable to thc Cit> prior to final plat approval in accordance with the requirements detailed in P',XHIBIT 69 Thc above mitigation measures x~ill become the conditions of the FPA (Forest Practices Application) if one is required from the Department of Natural Resources. 5 BI1-22 ~1(/ I I,!.[ Weis ?,ubdi~,Ssion P~tge No 20 Hearing Examiner City of Bainbridge Island Except as modified b) couditions, the final plat shall be in substantial conformance with the prclimmaD plat date-stamped May 25. 2001 Fhc htuncsite et Lot I I shall bc located a minimum of 45 feet from the north property line. Yhc final plat shall reflect thc actual calculation of thc Lot 5 homesite area. 3he homesite of l~ot 5 shall maintain a minunum distance of 25 feet between thc homcsite and the rear lot line. Fhe homcsite boundaries of Lot I and Lot 10 shall meet the minimum setback requirements. The homcsite bounda~ on 1,et I shall include the existing structures. Fhc following setback and lot coverage information shall be noted on the final plat: Building to Building Minimum 10 feet separation Building to Exterior Property Linc Minimum 15 feet Building to Right-of-Way: Scconda~' Arterial Not less than 40 feet setback Building to Roadways Minimum 15 feet from all streets Building to Trail or Open Space Minimum 10 feet Maximum Lot Coverage for each lot shall not exceed thc homesite area. Pubhc and pmatc unprovcments, facilities, and infrastructure, on and offthe site that are requn'cd for thc plat shall bc completed, have final inspection and approval prior to final plat approval Approval of public facilities will be shown by a formal letter of acceptance from the City Engineer a An assurance device acceptable to thc City may be used (in lieu of physical completion) to secure and provide for thc completion and maintenance of necessary facilities. Any such assurance device shall bc in place prior to final plat approval, shall enumerate in detail the ~tcms being assured and shall require that all such items will be completed and approved bx the Ciw x~ithin one _,,car of the date of final plat approval. While lots created by the recording ~f thc final plat may be sold. no occupancy of any structure will be allowed until the required improvements arc formally accepted by the City b A prominent note on the face of thc Final plat drawing shall state: [olx created bt' this plat are subject to conditions oJ'an assurance held by the city for the completion of certain necessary facilities. [ding permits mcly not be issued and/or occupancy may not be allowed such ncces.sar_vj~tcilities arc completed and approved by the City of lh,'lnbrid~,,c Island All purchasers shall satiafy themselves as to the status (J~'tom?letion of the necessa~, facilities. " ~IJBi I 22 Page No 21 Hearing Examiner City of Bainbridge Island Die rcqmrcmcnts of the Department of Public Works shall be met pr/or to final plat submittal All public improvements shall meet thc requirements of the Bainbridge Island Design and Conslruction Standards & Specifications i0 All 1o[ corners shall be staked with three-quarter inch galvanized iron pipe and locater stakes Street names, street signs, and madbox locations shall be approved pr/or to final plat approval. Thc southcrnqnost existing dri~cx~ax from Madison Avenue to the existing residence shall be clinnua~cd Fhc rcq u I rcments of the Fire Department Code Enforcement Official shall be met prior to final plat submittal Final written Fire Department approval of emergency ,,chicle access, adequate fire flo~, and installation of appropriate x~ater lines and fire hydrants shall be on file ~vith DPCD prior to final plat submittal - Thc mult~-ccll water quality stormx~atcr detention pond shall be designed to meet all requirements of thc Department of Public Works and shall be designed and constructed under the supervision ora Gcotechnical Engineer in a manner that will not decrease the stability of the existing slope on ~hich it ~ill bc co~rstmcted Conditions outlined in EXHIBIT64, AttachmentA shall be complied with during construction On~site storm~ater infiltration systems shall not be permitted on individual lots Final approval of the storm water management'system and detention pond facility must bc obtained in writing from DPW prior to final plat sub~nittal. a Prior to an) clearing or grading, thc applicant shall obtain an NPDES permit from the Department of Ecology. if required In the alternative, the applicant shall provide written confirmation that an NPDES permit is not required prior to issuance of any clearing or grading permits b Ccmstmction m a geologicalb hazardous area must comp y xv th the requirements of BIMC 6 2 ) 080 c A detention pond access road shall be constructed and maintained on the site. e, Sccurit> fuucing shall be built around the multi-cell water detcntion pond to prevent unauthorized access. * Native vegetation shall be planted in front of the security fencing to screen the fencing from ~c~ hem adjoining lots. The ~'pc of vegetation, its planning and maintenance requirements shall be included in the OSMP filed b~ the applicant prior to final plat approval. f A storm water facilities plan must be approved by DPCD and the DPW prior to final plat approval This plan shall, at a rminmum, include provisions for the maintenance and repair of thc community storm water management system Provisions for the maintenance and rcpmr ofsecunt> fencing and the detention pond access road shall also be included. The plan shall include provisions naming responsible parties and the source of funding for the repair and maintenance provis~ons 14 At least 67 percent of thc project site shall bc designated as open space. The open space shall be utilized and maintained in accordance xqth an Open Space Management Plan drafted in accordance with Bainbridge Island Municipal Code (BIMC) Sections 17.12.090 (G) and (Iq), and dt 'vVe~s Sr~bd~'dsmn Pa~:e No 22 Hearing Examiner City of Bainbridge Island app~ot cd b5 thc Director of Planning and Community Development prior to final plat approval a \ note on the final plat shall stipulate that thc lots are subject to thc provisions of mi Open Spacc Management Plm~ All open space areas shall be identified on the face of the plat b thc final open space management plan and associated covenants, conditions, and restrictions containing the maintcnancc and responsibility of the open space shall be approved by the D~rcctor of Planning and Community Devclopment then recorded concurrently with thc final plat c l'hc open space managcment plan shall designate thc 40 foot areas between the building sites cn lots I and I 0 and the castem propcrty line as a no-cut/no-build restricted ama/open space d Drainfields may be placed in the 25 foot privately-owned restricted area/open space along l~qc rear h!t lines of the lnts if the drainfields do not result in the removal of significant trees identified fi)r retention by the preservation plan. Installation of drainfields in the ~rea identified in the preservation plan for retention of significant trees and native tmderstor_~ shall be installed by hand, to the extent possible, to limit the amount of ~ egetation removal. e lhc OSMP shall describc the frequency and scope of maintenance activities for those areas destgnatcd as common open space f Plav fields shall bc removed from the OSMP as a permitted use. No recreation facilities or planned activity areas will be allowed in the 5 acre common open space area on the western hal f of the parcel g [he open spacc plan/h,XHIBIT 48] must amended to conform with these conditions and thc changes made to the preliminao' plat site plan shoxxn on EXHIBIT 64, Attachment G. h l'hc 5 acre common open space on thc western portion of the pactel shall remain in its present natural statc~ except for disturbances required for the construction of the storm water detention pond or thc walking trail. Thc arcas identified in the OS MP as privately-owned restricted areas/open space shall be identified on thc final plat Within this area, 30 percent of the significant trees as defined in BIMC 18.85 and SO percent of the underl.xing native vegetation shall be designated and preserved. Preservation plans shall bc submitted and approved prior to any clearing or grading identifying the areas and trees to be retained If any of thc significant trees that are designated to be saved are considered hazardous b~ a professional arborisL they may be removed after a replanting plan/substitution plan has bee]~ approved by thc planning director The ratio of replacement for the replanting plan shall be 3-1.3 trees of similar type shall be planted for ever3' significant tree removed as required planting m BIMC 18 85 lhe ratio of substitution for the substitution plan shall be 1-1. Any area disturbcd in a privately owned restricted area/open space must be re-vegetated with native vcgctahon A I~>opcd path~ay shall extend from the cnd of the cul-de-sac through the common open space This pathway shall be completed prior to final plat approval and shall meet the requirements of thc Access :Frail Design Standards of Section 3.4.1.1. of the Bainbridge Island Park and Recreation District Comprehensive Plan, and the requirements of the COBI. If wood chips are usc& they must bc heat-treated wood chips >,UBI 224)0-1 idei Wc~s Subdix~ion Page No 23 Hearing Examiner City of Bainbridge Island 17 A pedestrian connection shall be providcd from thc walkway on the south-side of the subdivision street to thc smarl commuter shelter on Madison Avenue NE. Final approval of the bus pull-out and commuter shdtcr must be obtained from DPW prior to final plat approval. ( leafed vegetation must bc removed from thc site and/or processed by chipper or some other method of disposal that docs not reqoirc burning. Lot I ~ will be rcsep,'cd lbr construction of a residence that meets the City's affordable housing rcqutremcnts as specified in BIMC Chapter 1890 This requirement shall be noted on the final plat The applic,'mt shall execute and record the related documents to the satisfaction of thc city's housing planner School impact fees shall be paid in accordance with thc following provisions. For each of the created lots (cxcept for the affordable housing lot), prior to final plat approval the applicant shall pay one half of the school impact fee in effect at the time of final plat approval. Subsequent to plat recordation and prior to building permit issuance, an applicant constructing a residence on rup, of the created lots shall pay onc half of the school impact fcc in effect at the time of building permit issuance Prior to any clearing or grad ng, a forest practices permit shall be obtained from the Department of Natural Resources. if required. In the alternative, if no forest practices permit is required, x~ritien confirmation of that fact must be filed ~vith DPCD prior to issuance of any permit for clcanng or grading on the property Thc applicable provisions of Conditions la-n. 3, 6, 7b, 14a, 15, 19 and 20 shall be inscribed on thc final plat This recommendation for approval is based upon the revised site plan submitted by the applicant, dated stamped b~ thc DPCD Ma,,' 25. 2001. and included in the record as EXttlBIT 64. Attachment (; RECOMMENDATION After an extensive review of this subdivision application, the Hearing Examiner recommends to the City Council that the preliminary plat be approved with the conditions set forth above in Conclusion of La;v~.~ ~' ~ }ated this 17th day' of August, 2001 b'obin Thomas Baker {earing Examiner Pro Tern el ~e ~ Subdivision P~ge No 24 Hearing Examiner City of Bainbridge Island