IdelWeisDecisionCITY OF BAINBRIDGE ISLAND
OFFICE OF THE HEARING EXAMINER
APPLICATION FOR PRELIMINARY
)
SUB11-22-00-1
PLAT APPROVAL OF IDEL WEIS
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FINDINGS OF FACT
SUBDIVISION
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CONCLUSIONS OF LAW
APPLICANT: JAMES SHORT
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AND
RECOMMENDATION
SUMMARY
This subdivision application has been filed by James Short on behalf of Arthur and Duetta Weiss who are the owners of property located 160 feet south of
the Madison Avenue NE and Lovgren intersection in the City of Bainbridge Island. The site is a 9.83 acre parcel which will be developed with eleven residential building sites. The
preliminary plat design sets aside 6.63 acres, or 67.5 percent of the site in open space. A hydrological analysis and a geotechnical engineering study have been performed at the site.
Both the Department of Planning and Community Development (DPCD) and the Department of Public Works (DPW) have recommended approval of this preliminary plat with conditions. This project
can meet the requirements of the Bainbridge Island Municipal Code (BIMC) and the Bainbridge Island Comprehensive Plan with the imposition of appropriate conditions to ensure compliance,
therefore, approval of the preliminary plat is recommended.
FINDINGS OF FACT
1. This application for preliminary plat approval has been filed by James Short on behalf of Arthur and
Duetta Weis. The Weis property is located approximately 160 feet south of the intersection of Madison Avenue NE and Lovgren Road in the City of Bainbridge Island. The project site
is legally described as:
The South 10 acres of the North 15 acres of the Northeast quarter of the Southeast quarter of Section 10, Township 25 north, Range 2 east, W.M. In Kitsap County,
Washington, except the East 30 feet thereof for Madison Avenue NE.
The project site is identified by Kitsap County Assessors Account No.102502-4-002-2003.
2. The project site has
a zoning designation of R-1 (1-unit per acre density) and a Comprehensive Plan designation of OSR-1 (Open Space Residential, 1-unit per acre density). Surrounding properties to the
north, south and east are all zoned R-1, property to the west is zoned R-0.4. Likewise, surrounding properties to the north, south and east have a Comprehensive Plan designation of
OSR-1, while the property to the west has a Comprehensive Plan designation of OSR-0.4. This project has been designed pursuant to the flexible lot design process and meets the minimum
lot size requirements for this zone. The proposed lots range in
size from 15,813 sq.ft. to 24,205 sq.ft. Individual septic systems will be placed on each lot, those systems must meet the minimum requirements established by the Bremerton-Kitsap County
Health District. All proposed lots exceed the minimum lot width which is 50 ft. Building setback and maximum lot coverage requirements will be listed on the face of the final plat
and checked for compliance at the time of building permit review. Storm water management will be provided through a storm water system designed to serve all lots. Individual on-site
storm water infiltration systems will not be permitted on individual lots due to the small size of the lots. The maximum lot area covered by buildings in the R-1 zone cannot exceed
15%. This project site contains 428,195 sq.ft. The maximum lot coverage permitted on this site is 64,229 sq.ft. The applicant proposes lot coverage which is less than the maximum
amount of lot coverage permitted. Calculations of lot coverage for each building lot will be determined at the time of building permit review.
3. This project site is surrounded on all sides by single family residential development and undeveloped property. The Weis parcel contains a single family residence which fronts on
Madison Avenue NE. This existing residence will remain on Lot 1. There are no productive agricultural uses being made of properties in the vicinity of this subdivision.
4. This
property has been partially cleared and re-vegetated with grass for use as a single residential lot. The site gently slopes toward the west, with a steeper portion of the property located
on the western end of the site. Just west of the proposed location for a storm water detention pond, the terrain becomes steeper with 20% slopes west of the pond. This area has been
identified as a geologically hazardous area. Slope setbacks have been delineated on the site plan. The detention pond will be built in the slope setback area and will encroach upon
the 20% slope. [See EXHIBIT 56 for aerial photograph of site.]
5. The detention pond is designed with two cells, both located about 40 ft. from the top of a 20% slope area. The
pond berm will have a top elevation of approximately 300 feet. The ponds will have an approximate depth of 8 ft., with the two detention cells being separated by a low berm. Water
will discharge from the north detention cell through a control structure, into an HDPE pipe, to an energy dissipater. Water will spill onto the 20% slope northwest of the pond. A May
25, 2001 geotechnical engineer’s report by Krazan and Associates has been reviewed by the Department of Public Works and has been accepted as meeting the requirements of BIMC 16.20.080,
provided certain conditions are met by the applicant. Those conditions are explained in Ross Hathaway’s letter dated May 31, 2001. [See Attachment A to EXHIBIT 64.]
6. The preliminary site plan has been designed to comply with the requirements of the Critical Areas Ordinance (BIMC 16.20.) No streams or wetlands have been identified on the property.
Geologically hazardous areas have been identified and facilities have been designed to protect those areas from impact.
7. This property has not been identified as a wildlife corridor.
The Department of Planning
and Community Development provided a mapping detail of the known wildlife corridor in the vicinity of this property. [EXHIBIT 64, Attachment F.]
8. This subdivision will provide eleven
single family residential lots, including Lot 1 which contains the existing single family residence. It is anticipated that homes built in this subdivision will 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 Avenue NE.
9. Public bus transportation is also available along Madison Avenue NE. Bus transportation is provided by Kitsap Transit. Kitsap Transit has agreed to build a smart commuter shelter
at the entrance to this subdivision with funding provided by the applicant. The Department of Public Works has approved the design of a bus pull-out to be built at the intersection of
the new plat road and Madison Avenue NE. That approved design is included in EXHIBIT 69 and is identified as Drawing No. 6-050, approved by Jeffrey M. Jensen, City Engineer, July 14,
2001. The construction of the bus pull-out and proposed commuter shelter will be reviewed by the Department of Public Works for approval prior to final plat approval.
10. The subdivision
access road will intersect with Madison Avenue NE. Madison Avenue NE is identified as a secondary arterial on the Bainbridge Island Comprehensive Plan Functional Road 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 (LOS) B rating. The
existing recorded peak hour volume for this section of roadway is 510 vehicles per hour. An LOS-B rating is based on a maximum of 750 vehicles per hour during peak flow. The projected
additional 110 vehicle trips per day from this new subdivision will not affect the LOS classification for this section of roadway. The speed limit on Madison Avenue NE at this location
is 40 MPH.
11. This subdivision will be provided water service by the North Bainbridge Water Company. A water availability letter was received from the North Bainbridge Water Company,
Inc., dated April 10, 2001. [EXHIBIT 54.]
12. Residences built in this subdivision will be serviced by on-site septic systems. Storm drainage will be controlled by a community storm
water conveyance system supplemented by an on-site multi-cell storm water detention pond, as shown in the preliminary drainage plan [EXHIBIT 3.]
13. This subdivision will be provided
fire protection by the Bainbridge Island Fire Department. The Fire Department has reviewed the revised preliminary plat plan for this subdivision (date stamped May 25, 2001 by DPCD.)
Earl Davis, Code Enforcement Official for the Fire Department, has approved the revisions. [EXHIBIT 64, Attachment C.] Fire Department approval is conditioned upon installation of
an 8 inch (8") water line connection to
the fire hydrants. All new fire hydrants must have 4 inch (4") “Storz” adapter couplings. The access road to the subdivision must be constructed to Bainbridge Island road construction
design standards. The turnaround of the terminus of the subdivision street has a 45 ft. radius and will conform to the Fire Department’s requirements for fire and emergency vehicle
access. The water mains proposed by the applicant will provide fire flow adequate to meet the minimum requirements of the Fire Department. Fire Department approval will be required
prior to the issuance of any certificate of occupancy for a residence built at this site.
14. This subdivision will be provided police protection by the City of Bainbridge Island
Police Department.
15. School impact fees will be assessed on each building lot. These impact fees will help to provide funding for schools and school grounds in the City of Bainbridge
Island.
16. There are no playgrounds or active recreational facilities designed as a part of this subdivision. However, this subdivision is located within a mile of the Wilkes Elementary
School where playgrounds are available for public use. The residents of this subdivision will have access to receational properties owned by the Bainbridge Island Park and Recreation
District (BIPRD).
In addition, the Ted Olsen Nature Preserve, owned by the Bainbridge Island Park and Recreation District, is located across Madison Avenue NE from this subdivision.
The applicant has also agreed to make improvements to Madison Avenue NE along the street frontage. The applicant will construct a 5foot wide bicycle lane and a 3 foot wide gravel shoulder
along Madison Avenue NE.
17. The Flexible Lot Design process was used to design this subdivision. The building lots are drawn on the eastern half of the property in a relatively flat
area which had been previously cleared and re-vegetated. The forested portion of the lot has been set aside as open space. A total of 6.63 acres or 67.5% of the site has been set aside
as open space. [EXHIBIT 64, Attachment G.] The preliminary subdivision design is compatible with the physical characteristics of this project site. Steep slopes have been identified
on the property and home building sites have not been placed in that area. Conditions will be imposed on storm water facility construction to protect slope stability. A preliminary
open space management plan has been filed by the applicant [EXHIBIT 12.] The final open space management plan and associated covenants, conditions and restrictions containing the maintenance
and responsibility provisions for the open space will be approved by the Director of Planning and Community Development and recorded concurrently with the final plat. Properties located
to the north and to the south of this project site contain dense stands of mature vegetation. While adjoining properties do not contain designated greenways, nor do they contain designated
open space areas, the 5 acre common open space for this project provides a connection to those adjacent vegetated areas. The retention of native vegetation in a 25 foot setback on the
rear lot lines of the individual lots helps connect with the vegetated areas on adjacent lots. The applicant’s site
plan also proposes a 40 ft. building setback and open space area along Madison Avenue in which native vegetation will be retained.
A pedestrian trail will be built by the applicant within
the 5 acre common open space. The pedestrian trail is identified on the revised site plan. [Attachment G, EXHIBIT 64.] The trail location compliments the natural setting of the open
space and provides access to the natural park area and treed area remaining on the site. The pedestrian trail will be constructed prior to the sale of lots in the subdivision. The
construction of the trail will meet the minimum access trail design standards identified in Section 3.4.1.1. of the BIPRD Comprehensive Plan [Attachment E, EXHIBIT 64.] This recreational
trail will provide recreational access to the common open space, while at the same time minimizing the impact to the open space by concentrating pedestrian traffic on the single loop
trail rather than on multiple trails throughout the open space.
18. Located along the east lot line of Lot 10 is a mature stand of trees approximately 80 feet deep. This mature stand
is dominated by western cedars. The proposed home site on Lot 10 is located 40 ft. to the west of the Madison Avenue NE right-of-way. Mature vegetation in that 40 ft. setback will
be retained. The entire 40 ft. setback area along the east property lines of Lots 1 and 10 will be maintained as a no-cut no-build open space area. Areas on the site which contain
slopes greater than 15% and some severe soils conditions will be set aside for protection in the open space area to the west. Supervision of construction of the detention pond in the
critical area will be required of both the project engineer and the geotechnical engineer retained by the applicant.
19. This property is not located next to a scenic road. Madison Avenue NE has not been designated as a scenic road. Madison Avenue NE is identified as a secondary arterial. Sixty
feet of right-of-way is designated for that roadway. The right-of-way adjacent to this project site meets the requirements for a secondary arterial under the Comprehensive Plan Functional
Road Classification Standards.
20. This site contains significant trees along both the north and south property lines. To preserve significant trees and native vegetation along the
perimeter of the site, a 25 foot wide privately owned restricted area/open space has been designated along all rear lots lines. Within this open space area, 30% of the significant trees,
as defined in BIMC 18.85, and 50% of the native understory will be preserved. Preservation plans for these open space areas on the private lots will be submitted prior to any clearing
or grading for the development of the lots. A preservation plan must have the approval of the DPCD prior to initiation of any construction activities. In order to ensure that designated
trees and understory are protected during construction, preservation plans must include a method for marking trees and understory protected from removal. Any drain field or infiltration
basin placed in the open space area on the individual lots will be installed by a method designed to limit, as much as possible, the amount of vegetation removal from the open space.
If necessary, to retain significant trees and understory in the open space, drain fields and infiltration basins will be installed by hand rather
than by heavy equipment. No burning will be allowed for disposal of cleared vegetation from the site.
21. The revised site plan designates 6.63 acres as open space, (67.5% of the property.)
50.9% of the open space is passive open space. Right-of-way totals .53 acres, or 5.4% of the open space. Pedestrian/landscape easement open space totals .13 acres or 1.3% of the open
space. Restricted areas open space in the 40 ft. and 25 ft. setbacks on privately owned lots total .97 acres or 9.9% of the open space. The minimum required percentage of open space
in the R-1 zone is 60% of the project site. The proposed project meets the minimum open space requirements for this zone.
22. The applicant proposes dedication of the subdivision street
and associated right-of-way to the city after construction to city construction and design standards. The subdivision access roadway will have direct access onto Madison Avenue NE at
a point in the center of the east property line where the northern driveway entrance for the existing home is now located. The existing southern driveway entrance from Madison Avenue
NE will be eliminated. Location of traffic signs, mailboxes and designation of street names will be subject to the approval of the Department of Public Works (DPW) prior to installation.
23. A
two cell storm water detention pond has been designed adjacent to Lot 5 and directly south of Lot 11. The pond access road will be built as an extension off the vehicle turnaround
area
at the end of the subdivision road. The access road will be constructed according to design standards contained in Vol.III of Hydrologic Analysis and Flow Design, pages 94 and 95 [EXHIBIT
64, Attachment B.] The pond will be surrounded by security fencing. The security fencing will, as a minimum, meet the standards for a Type 1 fence as described in the Department of
Ecology Manual, Volume III, of Hydrologic Analysis and Flow Control Design, (1999), pages 95 and 96. [EXHIBIT 64, Attachment B.] DPW approval will be required prior to construction
of fencing around the pond. Vegetative screening will also be required to screen the fencing from view by adjoining lot owners. Fencing around the detention pond is necessary to protect
children in the subdivision from access to the pond areas.
24. The applicant has proposed to place street trees between the subdivision street and the pedestrian walkway. Those trees
will be located along the southern edge of the subdivision road in front of Lots 1 through 5. A pedestrian walkway will be constructed along the southern boundary of the street. The
walkway will originate at the intersection of Madison Avenue NE and continue west along the southern boundary of the street. The walkway will be constructed to city design and construction
standards as approved by the DPW. This walkway will also provide a pedestrian connection from the walkway to the bus shelter being constructed along the right-of-way on Madison Avenue
NE. This connection will be designed so that pedestrians are not required to walk in the street or a bike lane to reach the shelter.
25. The western five acres of the site will be
reserved in open space and will be held in
common ownership through a homeowners association. This area of the site will serve as a private park area for the residents of the development. The only improvements within this common
open space area will be the looped trail and the storm water detention facilities built in the south eastern corner of that open space.
26. The Kitsap County Health District recommended
approval of the preliminary plat [EXHIBIT 44]. This approval is subject to the following conditions:
1) Building Site applications for on-site sewage disposal for each lot have been
submitted and reviewed by the Health District. Soils appear acceptable for on-site systems but there are several issues that must be resolved prior to approval. Issuance of building
permits must be withheld until final BSA approval;
2) On site stormwater infiltration systems will not be permitted on any individual lots due to the small lot sizes;
3) Water
is to be provided by the North Bainbridge Water Company. A binding water availability letter will be required prior to final plat and BSA approval.
27. A preliminary hydrological analysis
was performed for the preliminary plat of the Idel Weis Subdivision. The analysis was performed by Mark W. Eisses [EXHIBIT 11.] This hydrological analysis helped determine the storm
water facility design. The storm water detention facility will be designed to release the storm water runoff at pre-development rates into the open space area west of the detention
pond. This analysis concluded that there is no runoff from Madison Avenue NE onto the project site. The property to the north of the project site was found to drain to the west with
no apparent off-site runoff entering the project site. This project site drains to the southwest margin of the site, however, no clear drainage channels were noted. Runoff from the
project area drains toward the ditch along SR 305 approximately 1/4 mile downstream. No downstream adverse affects were noted due to runoff from this site. Mr. Eisses concluded that
there would be no adverse affects from the proposed development of this site which are expected to impact the downstream corridor
28. The eastern half of this project site is the area
proposed for development. This area is relatively flat and has very low landslide or mudslide potential. The western half of the parcel contains site conditions which are more prone
to soils erosion and landslides and mudslides because of the steeper slopes. That portion of the site will remain undeveloped as common open space, except for the construction of the
storm water facility. The overall design of this subdivision fits the physical characteristics of the property and minimizes the possibility of on-site or off-site landslides or mudslides
by development being concentrated on the eastern portion of the property. Temporary erosion control measures will be required during construction.
29. This project will not degrade
the level of operation of water service, sewer facilities or storm water facilities below accepted standards. Water service will be provided by the North
Bainbridge Water Company, sewer facilities will be provided by on-site individual septic systems and storm water facilities will be provided through an on-site community storm water
detention system.
30. This project is consistent with the goals and policies of the Comprehensive Plan. It is designed to preserve forested areas on the property. It protects critical
areas in protected open space. Natural landscape will be preserved in the 5 acre protected open space on the western half of the site. The eastern portion of the site had been developed
and cleared for a single family residence. Some native vegetation and significant trees along the perimeter of the lots on both the north and south property lines will be retained in
privately owned restricted open space areas. Mature vegetation will be protected in the 40 feet setbacks from Madison Avenue NE. The proposed siting of the building lots avoids impacts
to steep slope areas. The storm water facility will be designed to minimize the impact and maintain slope stability.
31. The public use and interest will be served by the platting
of this subdivision. The subdivision will provide additional housing for an increasing population in the City of Bainbridge Island. The plat has been designed according to the flexible
lot design process as required by the Bainbridge Island Municipal Code and complies with the Zoning and Comprehensive Plan density designations for the property. Lot 11 has been set
aside as an affordable housing building lot. This subdivision maximizes the site’s potential density with the addition of a density increase by one market rate bonus unit for the affordable
housing unit. This property site has been zoned for single family residential development which is consistent with the R-1 zoning designation. Much of the existing vegetation on the
property will be retained, thus maintaining the existing habitat carrying capacity of the property through the retention of significant trees and natural understory. Open space requirements
have been met.
32. The preliminary plat as proposed meets the road design requirements of the City of Bainbridge Island provided all conditions proposed by the DPW and the DPCD are
followed. This subdivision road will be dedicated to the City of Bainbridge Island after completion. After acceptance of the dedication the roadway will be maintained by the City.
33. An
open space management plan has been filed by the applicant EXHIBIT 48.] This preliminary Open Space Management Plan requires amendment to reflect the changes made to the preliminary
plat plan during the public hearing process. Conditions attached to the approval of the plat will require revisions to the Open Space Management Plan. Review and approval of the plan
by the DPCD will be required prior to approval of final plat. The five acre common open space on the west portion of the property will be maintained in its present condition with the
exception of the storm water detention facility construction and construction of a looped walking trail. No other recreation facilities or planned activity areas will be allowed in
the open space. No play fields, delineated picnic areas or barbeque pits will be allowed.
34. A SEPA Mitigated Determination of Nonsignificance (MDNS) was issued by the City of
Bainbridge Island on March 4, 2001. No appeals were filed. The MDNS is final.
35. On May 11, 2001 a Public Hearing was held before the Hearing Examiner to consider the application;
that public hearing was continued to June 8, 2001. Prior to the hearing, notice was published in the Bainbridge Review on April 25, 2001; notice of the public hearing 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 April 23, 2001; notice was
posted at the subject property on April 26, 2001. [EXHIBIT 62.]
36. A site visit was made by the Hearing Examiner after the first public hearing.
CONCLUSIONS OF LAW
1. This matter
is properly before the Hearing Examiner for recommendation to the City Council as provided by BIMC 17.04 and BIMC 2.16.110. The public hearing was held in this matter on May 11, and
was continued to June 8, 2001. The record remained open for the receipt of documents from the DPW. Those documents were received on July 30, 2001 and the record was closed. Adequate
legal notice was given for the public hearings held in this matter.
2. Arthur and Duetta Weis are the legal owners of the property on which the Idel Weis subdivision is proposed. The
final review and recommendation for this subdivision has been based on the revised preliminary site plan provided to the DPCD on May 25, 2001. That site plan is included in the record
as Attachment G to EXHIBIT 64.
3. This preliminary plat of a subdivision for the Weis property meets the criteria set forth in BIMC 17.04 for a subdivision designed under the flexible
lot design process. The project will comply with provisions of the BIMC, RCW 58.17 and 36.70.(A), and all other applicable provisions of State and Federal laws and regulations provided
the review and conditions recommended for this project are complied with prior to final plat approval. Conditions have been recommended by DPCD and by other reviewing agencies to ensure
compliance with the BIMC and the Comprehensive Plan.
4. BIMC 17.04.094 sets forth the decision criteria for a recommendation of approval for a preliminary subdivision of this property.
5. BIMC
17.04.094.A: The subdivision may be approved or approved with modifications 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;
This preliminary plat proposal is designed with a common access street
for all lots down the center of the subdivision. This access road will be developed to City of Bainbridge Island
design and construction standards and is proposed to be dedicated as a public street upon completion. This access road connects with Madison Avenue NE which is a secondary arterial
with sufficient capacity to absorb the projected 110 additional car trips produced by full development of this subdivision. A transit shelter has been proposed for the Madison Avenue
right-of-way for the use by residents of this subdivision. The design and location of this transit stop has been reviewed and approved by the City Engineer. An access road has been
provided from the interior street to the storm water detention facility to provide access for maintenance of that community facility.
6. BIMC 17.04.094.A: The subdivision may be
approved or approved with modifications 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;
The designation of mailbox locations and traffic regulatory signs, as well as
acceptable street names will be reviewed and approved by the DPW prior to final plat approval. Adequate space is available on this site plan for the placement of street signs and mailboxes
to serve the subdivision.
7. BIMC 17.04.094.A: The subdivision may be approved or approved with modifications 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;
The applicant has proposed building a smart commuter shelter in the Madison
Avenue NE right-of-way for use by residents of this subdivision. The design for the bus pullout has been reviewed and accepted by the City Engineer [EXHIBIT 69.] This transit stop
will be constructed at the intersection of the new plat road and Madison Avenue NE.
8. BIMC 17.04.094.A: The subdivision may be approved or approved with modifications 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;
This subdivision
plat includes a walkway along the southern edge of the cul-de-sac roadway in front of Lots 1 through 5. This pedestrian walkway will connect with the transit area built along Madison
Avenue NE. A pedestrian trail has also been designed for the five acre open space area on the west side of the property. This walking trail will provide recreational access to the
open space for residents of this subdivision. The trail will be built according to Bainbridge Island Park and Recreation Department Trail Standards [EXHIBIT 64, Attachment E.] A gravel
shoulder will be built along the property’s Madison Avenue NE frontage for a pedestrian walkway.
9. BIMC 17.04.094.A: The subdivision may be approved or approved with modifications
if: 1. The preliminary subdivision makes appropriate provisions for the public health, safety and general and public use and interest, including the following: ...e. Other public ways
leading to, and providing access to and within the subdivision;
This subdivision road connects with Madison Avenue NE, a secondary arterial.
Traveling north or south on Madison Avenue NE will provide access to SR 305. Driveways from residential lots will access onto the interior subdivision road for direct access to Madison
Avenue NE. The subdivision road is to be dedicated to the City after construction to city design standards.
10. BIMC 17.04.094.A: The subdivision may be approved or approved with modifications 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 preliminary plat proposal includes lots for single family residential development.
School impact fees will be assessed on each created residential lot. The assessed school impact fees are designed to provide funding for school facilities to mitigate the impact of
additional population in the School District.
11. BIMC 17.04.094.A: The subdivision may be approved or approved with modifications 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;
This development has been designed under the flexible
lot design process and sets aside 6.63 acres in open space. This property is located in the R-1 zone which requires a set aside of 60% of the property in designated open space. A total
of 67.5% of this project site has been set aside as open space. This meets the requirements for the R-1 zone. An open space management plan will place restrictions on the use and modification
of the open space areas. A homeowners’ association will be responsible for open space maintenance and protection.
12. BIMC 17.04.094.A: The subdivision may be approved or approved
with modifications if: 1. The preliminary subdivision makes appropriate provisions for the public health, safety and general and public use and interest, including the following: ...i.
Parks;
This subdivision is located across the street from the Ted Olson Nature Preserve. Residents of this property will have direct access for the use of that park. In addition,
a five acre portion of the site is being set aside in open space to be used as a private park like area for the enjoyment of subdivision residents. A pedestrian walking path will be
built in the five acre open space area to provide access and minimize foot traffic impacts to the area. Access is available to other parks in the area, including Fay Bainbridge State
Park and the Hidden Cove ballfield.
13. BIMC 17.04.094.A: The subdivision may be approved or approved with modifications if: 1. The preliminary subdivision makes appropriate provisions
for the public health, safety and general and public use and interest, including the following:... j. Recreation Facilities; k. Playgrounds;
This subdivision proposal does not include
plans to design a community playground or other active recreational facilities. There is a provision for an access trail to the common open space retained on the western portion of
the property. This subdivision is close to Wilkes Elementary School. Residents of the subdivision would have access to the play fields at the
school site. In addition, public parks are available in the vicinity. The applicant will construct a bicycle lane along the Madison Avenue right-of-way abutting this property. The
applicant will construct a gravel shoulder to be used as a pedestrian walkway along Madison Avenue NE. The bicycle lane will be built for future connection a bike lane along Madison
Avenue NE. The bike lane will provide additional recreational access for residents of this subdivision. There is a cleared area in the 5 acre common open space which will provide a
natural play area for residents. This cleared area will be maintained for the private use of the residents.
14. BIMC 17.04.094.A: The subdivision may be approved or approved with modifications if: 1. The preliminary subdivision makes appropriate provisions for the public health, safety and
general and public use and interest, including the following: ...l. Fire and emergency vehicle access; m. Fire flow;
This subdivision application has been reviewed by the Bainbridge Island Fire Department and accepted as providing adequate fire and emergency vehicle access. The 45 foot turnaround
at the end of the cul-de-sac provides adequate space for emergency vehicle turns. The size for water mains connected to fire hydrants indicated on the site plan has received the preliminary
approval of the Fire Department as adequate to provide fire flow to protect residences built in this subdivision. Final Fire Department approval will be required prior to final plat
approval.
15. BIMC 17.04.094.A: The subdivision may be approved or approved with modifications 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;
This subdivision has been designed with a community storm water
detention facility. The lots have been determined to be too small for individual storm water infiltration systems. A community system has been designed with a two cell storm water
detention pond to be built in the southeast corner of the 5 acre common open space set aside on the western portion of the property. A hydrological analysis of the property was done
prior to the design of the storm water facility. A preliminary drainage plan has been approved by the DPW. A Geotechnical Engineer’s report has been accepted by DPW [EXHIBIT 64, Attachment
A.] The storm water control facilities will be constructed in accordance with City of Bainbridge Island and State of Washington storm water control standards. The storm water control
system will be maintained by the homeowners association and provisions for the maintenance of the system will be provided in a storm water facilities maintenance plan. This plan will
be reviewed by the DPCD for approval prior to final plat approval. This maintenance plan will include adequate provisions for the repair and maintenance of the facility. According
to the geotechnical engineering report filed by Krazan and Associates [EXHIBIT 65], the storm water drainage from this property will be absorbed on-site and will not impact downstream
properties.
16. BIMC 17.04.094.A: The subdivision may be approved or approved with modifications if: 1. The preliminary subdivision makes appropriate provisions for the public health, safety and
general and public use and interest, including the following: ...o. Water supplies, including potable water;
This subdivision will be provided potable water by the North Bainbridge Water Company, Inc. The North Bainbridge Water Company has agreed to provide water service to the residences
built in this subdivision and has represented to the applicant that they have adequate water available for this residential use. [EXHIBIT 54.]
17. BIMC 17.04.094.A: The subdivision
may be approved or approved with modifications if: 1. The preliminary subdivision makes appropriate provisions for the public health, safety and general and public use and interest,
including the following: ... p. Sanitary Waste.
This preliminary plat has been reviewed by the Bremerton-Kitsap County Health District which has given their tentative approval. Individual
on-site septic systems will provide for sanitary waste disposal for residences built in this subdivision. Individual BSA approvals must be obtained prior to permit issuance for any
residence. The Health District has prohibited on-site storm water infiltration systems for individual lots. Adequate space has been designated on the lots for the placement of individual
septic systems.
18. BIMC 17.04.094.A. The subdivision may be approved or approved with modifications 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 preliminary lot has been designed consistent with the requirements of the flexible lot
line process and the applicable flexible lot standards. The plat as proposed meets the requirements for minimum lot size. Open space requirements have been met. Lot setback and dimensional
requirements for each building site will be noted on the face of the final plat. Each of the lots meets the minimum lot width requirement of 50 ft. in width. The maximum lot coverage
proposed is less than the maximum permitted at this site. Home site templates have been designated on the individual lots, along with an indication of the proposed building envelope
size. An eleven lot subdivision meets the density requirements of the R-1 zone with the addition of the bonus unit for the affordable housing lot required in this subdivision.
19. BIMC
17.04.094.A.: The subdivision may be approved or approved with modifications if:...3. Any portion of a subdivision which contains a critical area, as defined in Chapter 16.20 BIMC,
conforms to all requirements of that ordinance;
This site plan shows an area of steep slopes on the western end of the property. Buffer areas have been designated for those steep slope
areas. No building or improvements will occur within those slope or buffer areas except for the pedestrian path into the common area and the construction of the storm water facility
to service the subdivision. A geotechnical engineer’s report has been provided by the applicant. The report concludes that placement of the storm water facility in the steep slope
area can be constructed in a manner that will have minimal impact on the area. Conditions will be placed on construction of the facility so that the steep slopes in the area will be
protected. Construction methods will be used to minimize the impact on this geologically hazardous area. Hydrological analysis of the property was made by the project engineer to support
the proposed design for the storm water detention facility on the site. No wetlands, streams or other critical areas have been identified on the site. Compliance with
the requirements of BIMC 16.20.080 will be made a condition of this preliminary plat approval.
20. BIMC 17.04.094.A.: The subdivision may be approved or approved with modifications
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
properties have been identified in the vicinity of the project site. Properties to the north and the south are forested and some are partially developed for single family residential
use.
21. BIMC 17.04.094.A.: The subdivision may be approved or approved with modifications if: ...5. The overall design of the proposal minimizes soil erosion and the possibility of
on or off-site stream siltation, landslides and mudslides and meets the requirements for drainage control, codified in Chapter 15.20 BIMC;
A preliminary drainage plan has been filed
by the applicant and has been reviewed and approved with conditions by the DPW. Conditions imposed on the project will ensure compliance with BIMC 15.20. This project has been designed
so that residential lot development takes place on the eastern portion of the 9.83 acre site, which is topographically well suited to residential development since it is a relatively
flat portion of the property. The western portion of the property, approximately 5 acres, contains a more rolling terrain with some steep slopes. Those slopes are located within the
reserved open space area and will be protected from disturbance under an Open Space Management Plan. Temporary erosion control measures will be implemented during construction to reduce
the possibility of off-site stream siltation, landslides or mudslides.
22. BIMC 17.04.094.A.: The subdivision may be approved or approved with modifications if:...6. The preliminary
subdivision design is compatible with the physical characteristics of the proposed subdivision site;
The preliminary subdivision design proposed by the applicant is compatible with
the physical characteristics of this site. The terrain is relatively flat and open on its eastern end where the residential lots will be developed. The terrain develops gently rolling
hills toward the western half of the property. The western portion of the property (5 acres) has been retained in open space. Adequate safeguards have been conditioned for the construction
of storm water facilities in the open space area to ensure the maintenance of slope stability and erosion control.
23. BIMC 17.04.094.A.: The subdivision may be approved or approved
with modifications if:...7. The proposal complies with all applicable provisions of this code, Chapters 58.17 and 36.70A RCW, and all other applicable provisions of state and federal
laws and regulations;
An extensive review has been made of this project by the DPW and the DPCD. Comments have been received from the Washington State Department of Fish and Wildlife,
Bainbridge Island Fire Department, Bremerton-Kitsap County Health District, and the Washington State Department of Natural Resources. Conditions have been attached to the recommended
approval of this subdivision which will ensure that the code provisions of BIMC
as well as the requirements of RCW 58.17 and 36.70A, and all other applicable provisions of state and federal laws and regulations will be followed. Review of that compliance will be
conducted on an on-going basis during construction and will be assured prior to final plat approval.
24. BIMC 17.04.094.A.: The subdivision may be approved or approved with modifications
if:...8. The proposal is in accord with the city’s comprehensive plan;
As a part of the DPCD’s review of this project review was made of the applicable portions of the Comprehensive
Plan. A discussion of those goals and policies is included in the staff report [EXHIBIT 63.] This project is located on property with a zoning designation of R-1 and Comprehensive Plan
designation of OSR-1. The development of single family residences on this acreage is consistent with the goals and policies of the Comprehensive Plan. The retention of open space and
protection of significant trees and natural understory helps preserve the natural character of the site consistent with the goals of the Comprehensive Plan. Critical areas have been
identified and protected within the designated open space. Adequate property line buffer areas have been established to provide vegetation continuity with adjoining parcels and some
vegetation screening from Madison Avenue NE. This subdivision has been designed in accordance with the flexible lot design process, as required by the BIMC, and meets the goals and
policies of the Comprehensive Plan.
25. BIMC 17.04.094.A.: The subdivision may be approved or approved with modifications 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 preliminary
plat design does seek to minimize the amount of clearing on the site by utilizing the eastern portion of the site for residential lot development, and maintaining the western portion
of the site in open space. This site has previously been cleared and re-vegetated with grassy areas for use as a single residential lot. [See EXHIBIT 56, aerial photograph.) The mature
trees and vegetation located along the lot lines and on the western portion of the lot have been protected in open space and buffer areas. Restrictions have been placed on the removal
of trees from those areas. The open space areas will be protected by an Open Space Management Plan, which will be binding on all subsequent lot owners. The disturbance of a portion
of the 5 acre common open space, for the construction of the storm water control facility, will be re-vegetated after completion of construction. Disturbances or removal of vegetation
within the 25 ft. open space along the southern and northern lot lines will be re-vegetated with native vegetation.
26. BIMC 17.04.094.A.: The subdivision may be approved or approved
with modifications if:... 10. The preliminary subdivision meets road and storm water management requirements.
This subdivision proposal has been reviewed by the DPW and conditions
have been placed on the proposal to ensure compliance with the road and storm water management construction standards. The DPW has given preliminary approval to the preliminary drainage
plan filed by the applicant, and the storm water facilities proposed for the site. The roadway on the site plan is of adequate width to meet the road standards of the City of Bainbridge
Island for a subdivision and will be constructed to the COBI road design and construction standards. There is adequate right-of-way along Madison Avenue NE as it abuts this project
site. The applicant will construct a bicycle lane and graveled shoulder along Madison Avenue NE, as well as a bus pull-out and smart commuter shelter to accommodate subdivision residents.
Construction of roads and storm water management systems will be conducted under the supervision of the DPW and will require approval by the City Engineer prior to final plat approval.
27. 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 planning of such subdivision.
A written
finding has been included in the Findings of Fact that the public use and interest will be served by the platting of this subdivision. This finding includes an explanation of the uses
and interests that will be served by this subdivision.
28. BIMC 17.04.094.C: In making a determination of approval, approval with modifications or disapproval using the criteria in
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.
During the review of this application for preliminary subdivision, it was determined that adequate
public and private facilities will be available for services needed to develop this property as an eleven lot, single family residential subdivision. Water service will be available
through the North Bainbridge Water Company, sewage disposal will be provided by on-site septic systems, adequate public roadway access is available from the subdivision to Madison Avenue
NE and to SR 305, power will be furnished to residences by Puget Sound Energy and telecommunications services will be provided by Qwest Communications, garbage service will be available
through Bainbridge Disposal, classroom space will be provided by the Bainbridge Island School District, parks and recreation areas will be provided by the Bainbridge Island Parks and
Recreation District, fire protection will be provided by Bainbridge Island Fire Department, and police protection will be provided by the Bainbridge Island Police Department. Availability
of all of these services will be confirmed prior to final plat approval.
29. BIMC 17.04.094.C.: In making a determination of approval, approval with modifications or disapproval using
the criteria in 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;
Provision of electricity and phone service by Puget Sound Energy and Qwest Communications will be available to this subdivision by accessing power lines and
communication lines in place along Madison Avenue NE. The provision of these additional services will not degrade the existing level of operation and use of those utilities for other
properties in the vicinity. North Bainbridge Water Company has indicated that water service will be available for residents within this subdivision and that the provision of residential
water service will not degrade the currently approved availability of water services to properties in the surrounding area. Storm water management will be provided on-site, as will
sanitary waste disposal. Off-site facilities or services will not be required for those systems. Garbage service will be available, if desired.
30. BIMC 17.04.094.C.3: In making a
determination of approval, approval with modifications or disapproval using the criteria in subsections A 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 will be built across from Ted Olsen Nature Preserve and adjacent to Madison Avenue NE. Madison Avenue NE has not been designated as a scenic roadway. There
is a 40 ft. building setback on Lots 1 and 10 on the eastern portion of this subdivision, bordering Madison Avenue NE. Mature trees in that 40 ft. setback will be preserved. This 40
ft. setback will be maintained as a privately owned, restricted area and a no-build no-cut zone. Existing vegetation will be preserved to provide screening from the roadway, and to
maintain the wooded vista from the park across the street. Properties to the north and south are forested lots, some of which have been developed with single family residences. A 25
ft. treed open space has been designated for the rear lot line of all lots, both on the north and south property line, to preserve the continuity of wooded screening for adjoining properties.
A substantial portion of the property, some 5 acres, has been retained as protected common open space. Open space protects a majority of the wooded portion of the site.
31. BIMC
17.04.094.C.: In making a determination of approval, approval with modifications or disapproval using the criteria in 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, ground
water recharge, climate moderation, and air purification for the public health and welfare;
This subdivision plat design has taken into account the extensive wooded vegetation on the
lot. The designation of open space to preserve the natural areas on the parcel recognizes the value of forest woodlots, significant trees and native vegetation. Restrictions have been
placed on cutting and building in the designated open space areas. Requirements have been set for the retention of significant trees. No ground water recharge areas have been identified
on this parcel, however, 67% of the lot will remain free of impervious surfaces to facilitate ground water recharge.
32. BIMC 17.04.094.C.: In making a determination of approval,
approval with modifications or disapproval using the criteria in 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.
No endangered, threatened or protected species have been identified on
this property. Five acres of natural wooded open space has been protected in this site design. This area will provide nesting habitat for bird and animal species nesting or foraging
on the site. Most of the area to be developed for subdivision lots has previously been cleared and re-vegetated with grasses. The existing habitat carrying capacity of the property
is preserved through the designation of extensive open space on the western end of the property.
33. The decision criteria of BIMC 17.04.094 can be met by this application for preliminary
plat approval, provided the applicant complies with certain conditions to ensure compliance with the BIMC and the Comprehensive Plan. Those conditions are as follows:
1. All SEPA mitigation conditions shall be conditions of approval:
a. Prior to any grading or construction activities, the applicant shall obtain a Plat Utilities Permit from the Department
of Planning and Community Development.
b. Prior to any grading, or construction activities, the applicant shall submit a Temporary Erosion and Sedimentation Control Plan to the City
Engineer for review and approval.
c. Prior to any 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. Prior to any clearing or grading, a grading permit shall be obtained from the City.
e. To mitigate air quality impacts during grading, contractors shall conform to Puget Sound Air Pollution Control Agency Regulations, which insure that reasonable precautions are taken
to avoid dust emissions. (BIMC Section 16.08.040)
f. To mitigate air quality impacts during clearing activities, cleared vegetation must be removed from the site and/or processed by
chipper or some other method of disposal that does not require burning.
g. To mitigate noise impacts to adjacent development, construction and activities shall conform to Chapter 16.16,
Noise Regulations.
h. To mitigate potential off-site glare, any street lighting within the subdivision shall be hooded or shielded so the lamp is not visible from adjacent properties
or public rights-of-way.
i. The private open space shall be fenced with construction netting and or silt fencing prior to any grading or clearing within the individual lots.
j. 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 storm water drainage facilities shall be replanted with native trees, shrubs and ground cover. The planting
plan shall be submitted and approved prior to final plat and the planting shall occur during the next planting season following the approval.
k. A private pedestrian trail within the
common open space shall be installed prior to final plat approval. The walkway shall be developed in accordance with the city’s trail standards to the satisfaction of the Department
of Planning and Community Development.
l. Thirty percent of the significant 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.
m. A smart commuter shelter shall be provided along Madison Avenue NE to accommodate users of alternative modes of transportation. The smart commuter
shelter shall be installed in a location acceptable to the City prior to final plat approval in accordance with the requirements detailed in EXHIBIT 69..
n. The above mitigation measures
will become the conditions of the FPA (Forest Practices Application) if one is required from the Department of Natural Resources.
2. Except as modified by conditions, the final plat
shall be in substantial conformance with the preliminary plat date-stamped May 25, 2001.
3. The homesite of Lot 11 shall be located a minimum of 45 feet from the north property line.
4. The
final plat shall reflect the actual calculation of the Lot 5 homesite area. The homesite of Lot 5 shall maintain a minimum distance of 25 feet between the homesite and the rear lot
line.
5. The homesite boundaries of Lot 1 and Lot 10 shall meet the minimum setback requirements. The homesite boundary on Lot 1 shall include the existing structures.
6. The following
setback and lot coverage information shall be noted on the final plat:
Building to Building Minimum 10 feet separation
Building to Exterior Property Line Minimum 15 feet
Building
to Right-of-Way:
Secondary 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 the homesite area.
7. Public and private improvements, facilities, and infrastructure, on and off the site that are required for
the plat shall be 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 the City may be used (in lieu of physical completion) to secure and provide for the completion and maintenance of necessary facilities.
Any such assurance device shall be in place prior to final plat approval, shall enumerate in detail the items being assured and shall require that all such items will be completed and
approved by the City within one year of the date of final plat approval. While lots created by the recording of the final plat may be sold, no occupancy of any structure will be allowed
until the required improvements are formally accepted by the City.
b. A prominent note on the face of the Final plat drawing shall state:
“The lots created by this plat are subject
to conditions of an assurance device held by the city for the completion of certain necessary facilities. Building permits may not be issued and/or occupancy may not be allowed until
such necessary facilities are completed and approved by the City of Bainbridge Island. All purchasers shall satisfy themselves as to the status of completion of the necessary facilities.”
8. The
requirements of the Department of Public Works shall be met prior to final plat submittal. All public improvements shall meet the requirements of the Bainbridge Island Design and Construction
Standards & Specifications.
9. All lot corners shall be staked with three-quarter inch galvanized iron pipe and locator stakes.
10. Street names, street signs, and mailbox locations
shall be approved prior to final plat approval.
11. The southern-most existing driveway from Madison Avenue to the existing residence shall be eliminated.
12. The requirements of
the Fire Department Code Enforcement Official shall be met prior to final plat submittal. Final written Fire Department approval of emergency vehicle access, adequate fire flow, and
installation of appropriate water lines and fire hydrants shall be on file with DPCD prior to final plat submittal.
13. The multi-cell water quality stormwater detention pond shall
be designed to meet all requirements of the Department of Public Works and shall be designed and constructed under the supervision of a Geotechnical Engineer in a manner that will not
decrease the stability of the existing slope on which it will be constructed. Conditions outlined in EXHIBIT 64, Attachment A shall be complied with during construction. On-site stormwater
infiltration systems shall not be permitted on individual lots. Final approval of the storm water management system and detention pond facility must be obtained in writing from DPW
prior
to final plat submittal.
a. Prior to any clearing or grading, the 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.
Construction in a geologically hazardous area must comply with the requirements of BIMC 16.20.080.
A detention pond access road shall be constructed and maintained on the site.
Security
fencing shall be built around the multi-cell water detention pond to prevent unauthorized access.
Native vegetation shall be planted in front of the security fencing to screen the fencing
from view from adjoining lots. The type of vegetation, its planning and maintenance requirements shall be included in the OSMP filed by the applicant prior to final plat approval.
A
storm water facilities plan must be approved by DPCD and the DPW prior to final plat approval. This plan shall, at a minimum, include provisions for the maintenance and repair of the
community storm water management system. Provisions for the maintenance and repair of security 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 provisions.
14. At least 67 percent of the project site shall be designated as open space.
The open space shall be utilized and maintained in accordance with an Open Space Management Plan drafted in accordance with Bainbridge Island Municipal Code (BIMC) Sections 17.12.090
(G) and (H), and approved by the Director of Planning and Community Development prior to final plat approval.
a. A note on the final plat shall stipulate that the lots are subject
to the provisions of an Open Space Management Plan. All open space areas shall be identified on the face of the plat.
b. The final open space management plan and associated covenants,
conditions, and restrictions containing the maintenance and responsibility of the open space shall be approved by the Director of Planning and Community Development then recorded concurrently
with the final plat.
c. The open space management plan shall designate the 40 foot areas between the building sites on lots 1 and 10 and the eastern property line as a no-cut/no-build
restricted area/open space.
d. Drainfields may be placed in the 25 foot privately-owned restricted area/open space along the rear lot lines of the lots if the drainfields do not result
in the removal of significant trees identified for retention by the preservation plan. Installation of drainfields in the area identified in the preservation plan for retention of significant
trees and native understory shall be installed by hand, to the extent possible, to limit the amount of vegetation removal.
e. The OSMP shall describe the frequency and scope of maintenance
activities for those areas designated as common open space.
f. Play fields shall be 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 half of the parcel.
The open space plan [EXHIBIT 48] must amended to conform with these conditions and the changes made to the preliminary plat site plan shown on EXHIBIT 64, Attachment G.
The 5 acre
common open space on the western portion of the pacrel shall remain in its present natural state, except for disturbances required for the construction of the storm water detention pond
or the walking trail.
15. The areas identified in the OSMP as privately-owned restricted areas/open space shall be identified on the final plat. Within this area, 30 percent of the
significant trees as defined in BIMC 18.85 and 50 percent of the underlying native vegetation shall be designated and preserved. Preservation plans shall be submitted and approved prior
to any clearing or grading identifying the areas and trees to be retained. If any of the significant trees that are designated to be saved are considered hazardous by a professional
arborist, they may be removed after a replanting plan/substitution plan has been approved by the planning director. The ratio of replacement for the replanting plan shall be 3-1, 3
trees of similar type shall be planted for every significant tree removed as required planting in BIMC 18.85. The ratio of substitution for the substitution plan shall be 1-1. Any area
disturbed in a privately owned restricted area/open space must be re-vegetated with native vegetation.
16. A looped pathway shall extend from the end 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 the Access Trail 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 used, they must be heat-treated wood chips.
17. A pedestrian connection shall be
provided from the walkway on the south-side of the subdivision street to the smart commuter shelter on Madison Avenue NE. Final approval of the bus pull-out and commuter shelter must
be obtained from DPW prior to final plat approval.
18. Cleared vegetation must be removed from the site and/or processed by chipper or some other method of disposal that does not require
burning.
19. Lot 11 will be reserved for construction of a residence that meets the City’s affordable housing requirements as specified in BIMC Chapter 18.90. This requirement shall
be noted on the final plat. The applicant shall execute and record the related documents to the satisfaction of the city’s housing planner.
20. School impact fees shall be paid in
accordance with the following provisions. For each of the created lots (except 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 any of
the created lots shall pay one half of the school impact fee in effect at the time of building permit issuance.
21. Prior to any clearing or grading, 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, written confirmation of that fact must be filed with DPCD prior to issuance of any permit for clearing or grading on the property.
22. The applicable provisions of Conditions
1a-n, 3, 6, 7b, 14a, 15, 19 and 20 shall be inscribed on the final plat.
23. This recommendation for approval is based upon the revised site plan submitted by the applicant, dated stamped
by the DPCD May 25, 2001, and included in the record as EXHIBIT 64, Attachment G.
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 Law 33.
Dated this 17th day of August, 2001
/S/Robin Thomas Baker
Hearing Examiner Pro Tem