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N. TOWN WOOD SUB01-13-98-1BEFORE THE HEARINGS EXAMINER FOR BAINBRIDGE ISLAND In the matter of the Application of ) ) James C. Laughlin ) ) For Approval of a Preliminary Plat ) ) and an Appeal ofa SEPA Determination ) ) Brookfield Development ) Homeowner's Association, Appellant ) ) NO. SUB01-13-98-1 North Town Woods Subdivision SUMMARY OF RECOMMENDATION AND DECISION The request for a Preliminary Plat is recommended for APPROVAL, with conditions. The Appeal of the SEPA Determination is denied and the Mitigated Determination of Nonsignificance is UPHELD. SUMMARY OF RECORD Request: James C. Laughlin (Applicant) requested approval of a preliminary plat to subdivide a 27.28-acre parcel into 70 residential lots on property located at the intersection of Sportsman Club Road NE and NE New Brooklynn Road, Bainbridge Island, Washington. As part of the development, sixty two percent of the site is projected to remain as open space. Hearing Date: An open record session of the hearing on the request was held before the Hearings Examiner on September 18, 1998. At the public hearing, the City representative requested a continuance to October 16, 1998 because inadequate notice was given for the MDNS appeal hearing and necessary information pertaining to the proposal had not been received. At the October 16, 1998 sessionI testimony was submitted which demonstrated that the proposal has been substantially altered from the original environmental review and that the environmental review was inadequate for evaluation of the current proposal. Subsequent to the second session of the hearing, the City conducted an additional environmental review consistent with the proposal. A revised MDNS was issued. No appeals were filed. The final session of the hearing was held December 18, 1998. Testimony: At the open record hearing, the following individuals presented testimony under oath: 1. Mr. George Johnston, Bainbridge Island Planning and Community Development Department 2. Mr. JeffJensen, City Engineer for the City of Bainbridge Island ~ The September 18, 1998 session was held by Theodore Paul Hunter, a Hearing Examiner for the City of Bainbridge Island. At the October 16, 1998 hearing, James M. Driscoll assumed jurisdiction. 3. Mr. Peter Parker, Brookfield Development Homeowners Association 4. Mr. John Green 5. Mr. Jim Laughlin, Applicant 6. Mr. Greg Heath, Traffic Engineer for Applicant 7. Mr. David Johnson Exhibits: As noted above there were two sessions of the open record hearing in this matter. At both sessions exhibits of evidence were presented and admitted as part of the record of the entire proceeding. The following constitutes the written record: Staff'Report dated September 1, 1998 with the following attachments: A) Conditional use permit application with description of project (January 27, 1998) and Subdivision, Preliminary Plat Application B) Vicinity Map C) Mitigated Determination of NonSignificance (7/21/98) D) Appeal of Administrative Decision (Mitigated Determination of NonSignificance) (8/7/98) and attached letter E) Memo from Bainbridge Island Fire Department (2/23/98) F) Memo from Bainbridge Island Department of Public Works (4/27/98) with Response from Adam & Goldsworthy G) Souter letter (5/13/98) H) McCabe letter (8/8/98) J) Traffic Impact Analysis 2. Revised Staff Report dated October 6, 1998 with the following attachments: A) Subdivision, Preliminary Plat Application B) Vicinity Map C) Mitigated Determination of NonSignificance (7/21/98) D) Appeal of Administrative Decision (Mitigated Determination of NonSignificance) (8/7/98) and attached letter E) Memo from Bainbridge Island Fire Department (2/23/98) F) Memo from Bainbridge Island Department of Public Works (4/27/98) G) Sourer letter (5/13/98) H) McCabe letter (8/8/98) J) Traffic Impact Analysis 3. Affidavit of Delivery and Mailing for the public hearing. 4. September 18, 1998 letter re: continuation of hearing until October 16th, 1998. 5. October 9, 1998 letter re: withdrawal of CUP application. 6. October 15, 1998 letter from David S. Johnson with Exhibits. 7. Revised Mitigated Determination of Nonsignificance issued November 14, 1998. Findings, Conclusions & Decision Hearings Examiner of Bainbridge Island James C. Laughlin SUB01-13-98-1 Page 2 Staff Report dated December 1, 1998 with the following attachments: A) Subdivision, Preliminary Plat Application and Site Plan B) Vicinity Map C) Mitigated Determination of NonSignificance (7/21/98) D) Appeal of Administrative Decision (Mitigated Determination of NonSignificance) (8/7/98) and attached letter E) Memo from Bainbridge Island Fire Department (2/23/98) F) Memo from Bainbridge Island Department of Public Works (4/27/98) with Response from Adam & Goldsworthy G) Souter letter (5/13/98) H) McCabe letter (8/8/98) J) Traffic Impact Analysis Upon consideration of the testimony and exhibits submitted at the open record hearing, the following Findings and Conclusions are entered by the Hearings Examiner: FINDINGS The Applicant requested approval of a Preliminary Plat to subdivide a 27.28-acre parcel into 70 residential lots on property located at the intersection of Sportsman Club Road NE and NE New Brooklynn Road, Bainbridge Island, Washington. The proposal includes an open space dedication of sixty-two percent of the site. Exhibit 8, page 1; Johnston Testimony. The subject property is zoned R-2, two units per acre which is consistent with the Bainbridge Island Comprehensive Plan designation of OSR-2, Open Space Residential, two units per acre. The surrounding properties to the north, south and east are zoned R-2. The property to the west is zoned R-0.4, one unit per 2.5 acres. Exhibit 8, pages 5-6. The undeveloped subject property has a gently rolling topography which slopes to the north and east. The site is wooded with a variety of mostly deciduous trees. There are no significant developmental limitations on the property. Exhibit 1, Attachment A; Exhibit 8, page 5; Johnston Testimony. 4. Notice was given in accordance with applicable regulations. Exhibit 3. Findings for the SEPA Appeal: 5 The City of Bainbridge Island was designated lead agency for review of environmental impacts resulting from the proposed development. On July 25, 1998, an MDNS was issued with 15 conditions of approval. Exhibit 1, Attachment C. An appeal was filed on August 10, 1998. Exhibit 1, Attachment D. The basis of the appeal of the MDNS was that an EIS should be required to evaluate density allowed for the development and the traffic impacts resulting from the proposed development. Exhibit 1, Attachment D; Parker Testimony. At the October 16, 1998 session of the hearing, the City stated that the SEPA review had been conducted pursuant to a proposal for 62 lots with a portion of the southwest area of the plat remaining undeveloped open space. Johnston Testimony. After the issuance of the Findings, Conclusions & Decision Hearings Examiner of Bainbridge Island James C. Laughlin SUB01-13-98-1 Page 3 MDNS, but before the October 16, 1998 session of the open record hearing, the plat proposal was revised and the number of lots was increased to 70. Although the plat design and density had been changed, the MDNS was not revised. Thus the SEPA review was for the development of fewer lots than actually proposed. Johnston Testimony. At the October 16, 1998 session of the hearing the City requested a continuance to conduct a revised SEPA review consistent with the revised plat application. Johnston Testimony. The continuance was granted by the Hearing Examiner. On November 14, 1998, the City issued a revised MDNS for the proposed 70 lot subdivision. Exhibit 7. The MDNS was subject to 14 conditions. No appeals of the revised MDNS were filed and no witnesses presented testimony on the appeal at the second segment of the Hearing 2 10. In a letter of August 7, 1998 that was attached as part of the SEPA appeal the City was requested to review the density of the proposed project. Exhibit 1, Attachment D. The City responded at the October 16, 1998 session of the hearing that the density of the project is not an environmental issue of the SEPA review but is subject to the provisions of the Bainbridge Island Zoning Code. For the proposed project, the density is consistent with the density requirements and bonuses allowed pursuant to the ordinances of BIZC. Johnston Testimony. 11. As part of the submittals to the City, the Applicant included a Traffic Impact Analysis that presented the impact to area roads as a result of the proposed project. Exhibit 1, Attachment J, Traffic Impact Analysis. The analysis was conducted on the assumption that the proposed density of the site was to be 80 units (page 3 of Analysis).3 Current and projected traffic on streets in the vicinity was analyzed, including Sportsman Club Road, New Brooklynn'Road, and Madison Avenue. Nearby intersections of these streets were also considered (figure 4 of Analysis). The conclusions of the Analysis was that a moderate amount of new traffic is expected to be generated by the proposed development but the impacts at outlying intersections should be low to moderate. The mitigation of the impacts identified by the Applicant were: contribution toward a signal at the intersection of SR-305/Madison Avenue; widening northbound and southbound left turn lanes at the intersection on SP,305; and designing and locating access driveway to New Brooklyn Road. Exhibit 1, Attachment J, Traffic Impact Analysis, page 17. 12. The City submitted that it had reviewed the Traffic Impact Analysis and was in agreement with its conclusions. With adherence to the mitigation as recommended the City determined that the environmental impact due to traffic was limited. Johnston Testimony. 13. At the December 18, 1998 session of the hearing, the City submitted that the increased density to 70 residential lots did not change its position on traffic nor the analysis done by the Applicant. The City representative testified that the Analysis had been completed based on Even though the revised MDNS was not appealed the issues raised in the initial appeal relating to density and traffic are pan of the consideration of this decision. 5 In its early plans, the Applicant was proposing a density of 80 units. Findings, Conclusions & Decision Page 4 Hearings Examiner of Bainbridge Island James C. Laughlin SUB01-13-98-1 an assumption of an even higher density than proposed by the Applicant. Johnston Testimony. 14. Although testimony was received at the October 16, 1998 session relating to traffic (Parker Testimony) and exhibits were presented discussing the issues (Exhibit 1, Attachment G, Souter letter) no evidence was submitted to prove that the information in the Traffic Analysis was incorrect or that the City erred in accepting it. Findings for the Preliminary_ Plat: 15. The proposed subdivision has been created through the flexible lot design process and is designed to be compatible with the physical characteristics of the site. All lots will contain a minimum of 5,000 square feet and will have a minimum width of 50 feet. The lot areas, setbacks, and lot dimensions will conform with the city standards set forth for flexible lot subdivisions. Exhibit 8, pages 7, 10. 16. The allowed base density for the subject property is 55 residential lots. Six of the residential lots must be affordable housing. In exchange for the affordable housing a density bonus of six lots is allowed. An additional 20% increase above the base density is also permitted when the additional units or residential building lots are provided for households in the middle income group. In addition to the six required affordable units, an additional 9 middle income units are proposed, bringing the total to 15 affordable units. The resulting density of the plat is 70 lots. Exhibit 8, pages 6-7, 12. The proposed residential lots will be clustered. Exhibit 8, page 6. 17. No environmentally sensitive areas exist on the subject property and the proposed plat will not adversely affect any scenic vistas. Exhibit 8, page 10, 11; Johnston Testimony. The open space will provide for watershed protection and ground water recharge. Exhibit 2, page 12. The subject property is within 300 feet of an established agricultural land, a tree farm, on which activities may occur the could be incompatible with residential development. Exhibit 2, page ! 1. 18. City water and sewer will serve the proposed subdivision. Exhibit 8, pages 5, 10. The project will not degrade the level of operation of water or sewer facilities below accepted standards. Exhibit 8, page IL 19. A storm water conveyance system, supplemented by an onsite detention/dispersal system, will serve the site. The exact details and design of the stormwater system must be approved by the City. Exhibit 8, page 5. The city representative recommended that the stormwater management system be subject to the city engineer approval. Exhibit 8, page 7. 20. Pursuant to BIMC standards, forty percent of the site must be dedicated as open space in the R-2 zone. Exhibit 8, page 8. This standard will be satisfied because sixty two percent of the subject property will be retained as open space. The open space will include undisturbed land concentrated near the center of the subdivision and the perimeter buffers. The open space area near the center of the subject property will contain an active recreation area which includes a playground. Exhibit 8, pages 7, 10; Johnston Testimony. The proposal also includes a projected off-site pedestrian trail connection through the Fire District property Findings, Conclusions & Decision Hearings Examiner of Bainbridge Island James C. Laughlin SUB01-13-98-1 Page 5 located on Noah Madison Avenue. Exhibit 8, page 7. An Open Space Management Plan. will be required pursuant to BIMC 17.04.080. Exhibit 8, page 9. 21. Vehicular access to the site will be offNE New Brooklynn Road. A sidewalk will connect NE New Brooklynn Avenue along the proposed access road and sidewalks will be provided throughout the subdivision. The noah side of NE New Brooklynn Road will be widened to install pedestrian facilities along the subject property. Exhibit 8, page 9. Internal subdivision roads will be designed to city standards. The City Engineer submitted that at this time there is not a need for sidewalks on NE New Brooklynn Road. The City has widened a road pavement that serves as a pedestrian walkway and bicycle lane. Exhibit 8, page 8; Jensen Testimony. 22. An emergency access will be off Sportsman Club Road NE. Exhibit 2, page 9; Laughlin Testimony. Transit stops to serve the site exist along Sportsman Club Road NE and NE New Brooldynn Road. Exhibit 2, page 10. 23. A perimeter buffer will be created around the proposed subdivision which will maintain the island roadway character. The city representative recommended that as a condition of approval, a minimum 40 foot wide buffer be established along Highway 305, designated as a scenic road. Exhibit 8, page 8. 24. A traffic analysis was performed to evaluate adverse impacts generated as a result of the proposal (see finding 11). Exhibit 1, Attachment d. The existing streets are adequate to accommodate the 700 average daily trips projected to the generated by the subdivision. Exhibit 8, page 10; densen Testimony. Adverse impacts were identified and mitigation of these impacts was proposed and made part of the MDNS. Exhibit 1, Attachment& Exhibit 7. 25. At the public hearing, testimony was received questioning the adequacy of the traffic impact report. The witnesses claimed that the impact to nearby schools was not addressed. Parker Testimony; Green Testimony; Exhibit 5; Exhibit 1, Attachment G. The Applicant testified that impact to schools had been considered. Based on development plans and permits &the School District, the traffic impacts at that site will be mitigated. He stated that queuing at schools has been reduced due to school schedules; that the peak school traffic is at different times than traffic peak hours; and, that many school children walk to school. Laughlin Testimony. The Applicant's traffic engineer testified that schools were considered and that cumulative traffic impacts were evaluated. Heath Testimony. The City concurred impacts to school vehicular and pedestrian traffic were considered and that mitigation measures for all adverse impacts have been identified. Johnston Testimony. 26. The Fire Department reviewed the proposal and identified impacts. Conditions have been imposed to ensure adequate emergency access and fire flow. Exhibit 1, AttachmentE. The Public Works Department evaluated the proposal and submitted comments. Exhibit i, A tlachment .b: 27. The subject property is within the Bainbridge Island School District. Exhibit 1, page 5. Adverse school impacts were identified by the City. As a condition of approval, the city representative recommended that $3,090.00 be paid for each newly created lot, with half the Findings, Conclusions & Decision Hearings Examiner of Bainbridge Island James C. Laughlin SUB01-13-98-1 Page 6 fee to be paid prior to final plat approval and the balance to be paid at time of building permit issuance. Exhibit 3, page 3; Johnston Testimony. 28. The city representative submitted that the proposed plat has been reviewed for consistency with applicable provisions of the Bainbridge Island Municipal Code, chapters KCW 58.17 and 36.70A, other applicable provisions of state and federal laws and regulations, and the Comprehensive Plan. It has been determined to be consistent with all applicable regulations. Exhibit 8, pages 10, 11, 13. CONCLUSIONS Standards for Preliminary Plats: The Hearings Examiner's recommendation and the City Council decision shall include findings of fact that the application meets all requirements of the following subsections. A. The subdivision may be approved or approved with modification if: The preliminary subdivision makes appropriate provisions for the public health, safety and general and public use and interest, including the following: f g. h. i j. k. I. m. n. o. p. Highways, roads, streets, and other transit facilities; Streets, including street names, traffic regulatory signs and mailbox locations Transit stops; Pedestrian facilities; Other public ways leading to, and providing access to and within the subdivision; Schools; School grounds; Open spaces; Parks; Recreation facilities; Playgrounds; Fire and emergency vehicle access; Fire flow; Drainage and storm water facilities; Water supplies, including potable water; Sanitary waste. The preliminary residential subdivision has been prepared consistent with the requirements of the flexible lot line process and applicable flexible lot standards Any portion of a subdivision which contains an environmentally sensitive area, as defined in Chapter 16.20 BIMC, conforms to all requirements of that ordinance. The subdivision reasonably maintains and protects productive agricultural uses in the vicinity of the property, including complying with BIMC 16.20.181. Findings, Conclusions & Decision Hearings Examiner of Bainbridge Island James C. Laughlin SUB01 - 13 -98-1 Page 7 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. The preliminary subdivision design is compatible with the physical characteristics of the proposed subdivision site. 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. 8. The proposal is in accord with the City's Comprehensive Plan. 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; and 10. The preliminary subdivision meets road and storm water management requirements. A proposed subdivision shall not be approved unless written findings are made that the public use and interest will be serviced by the platting of such subdivision. 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: All public and private facilities and improvements on and off.the site necessary to provide for the proposed subdivision will be available when needed. 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. 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. Forest wood lots, individual trees, and other existing vegetation and permeated surfaces which provide watershed protection, groundwater recharge, climate moderation, and air purification of the public health and welfare. 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. Findings, Conclusions & Decision Hearings Examiner of Bainbridge Island Jaraes C. Laughlin SUB01-13-98-1 Page 8 RCW 58.17.110 requires that findings be made in order to approve a preliminary plat. Those findings are as follows: Appropriate provisions must be made for the public health, safety and general welfare and such open spaces, drainage ways, streets or roads, alleys, other public ways, transit strips, potable water supplies, sanitary waste, parks and recreation, playgrounds, schools and school grounds and all other relevant facts including sidewalks and other planning features that assure safe walking conditions for students that only walk to and from school. CONCLUSIONS OF LAW Conclusions of the Preliminary_ Plat Application: 1. The Applicant requested approval of a Preliminary Plat to subdivide a 27.28-acre parcel into 70 residential lots on property located at the intersection of Sportsman Club Road NE and NE New Brooklynn Road, Bainbridge Island, Washington. The proposal includes an open space dedication of sixty-two percent of the site. Finding of Fact 1. The proposed preliminary plat will be consistent with the flexible lot subdivision standards. All lots will be at least 5,000 square feet and will have a minimum width of 50 feet. The lot areas, setbacks, and lot dimensions conform with the standards set forth for flexible lot subdivisions. The density with consistent with allowed density standards. Findings of Fact 10, 15, 16; B1MC 18.90. The preliminary subdivision makes appropriate provisions for the public health, safety and general and public use and interest. Fifteen units of affordable housing will be created. The City of Bainbridge Island will provide sanitary sewer service and water. The project will not degrade the level of operation of water or sewer facilities below accepted standards. The storm water management system will be subject to city engineer approval. Findings of Fact 15, 18, 19, 20, 24. 25, 26 Adequate roads, streets, transit facilities, and pedestrian facilities will be provided. Adverse traffic impacts were identified and mitigated through the environmental review process. All internal roads will be designed to city standards. Sidewalks will be provided throughout the site. Transit stops to serve the site occur along Sportsman Club Road NE and NE New Brooklynn Road. Findings of Fact 21, 23, 24, 25. The subject property is within the Bainbridge Island School District which is impacted by the proposal. As a condition of approval, school mitigation fees are required. Finding of Fact 27. in addition to access off NE New Brooklynn Road, emergency access will be off Sportsman Club Road. The Fire Department submitted conditions of approval to ensure that adequate fire flow and fire and emergency vehicle access will be provided which are included as a condition of the MDNS. Findings of Fact 22, 26. Findings, Conclusions & Decision Hearings Examiner of Bainbridge Island James C. Laughlin SUB01-13-98-1 Page 9 Open space in the amount of 62% of the subject property will be provided, exceeding the 40% required minimum. It will be concentrated near the center of the subject property and will contain an active recreation area. A playground will also be included in the active recreation area. Finding of Fact 20. No environmentally sensitive areas exist on the subject property and scenic vistas will not be impacted. The proposed plat has been designed to be compatible with the physical characteristics of the site. Findings of Fact l& 17. The subdivision reasonably maintains and protects productive agricultural uses in the vicinity of the property. The subject property is within 300 feet of an established agricultural land, a tree farm, on which activities may occur the could be incompatible with residential development. As a condition of approval, this final plat will contain notice of this. Finding of Fact 17. 10. The proposed plat will be consistent with applicable laws and regulations. The city representative evaluated the proposal for consistency with applicable laws and regulations and determined it to be consistent. The proposal will be in compliance with the City Comprehensive Plan. Finding of Fact 28. Conclusions of the SEPA Appeal: 11. The SEPA appeal fails. The City corrected any deficiency of the SEPA Review when it reissued the MDNS consistent with the proposed 70 unit plat. Finding of Fact 9. 12. The Appellant has failed to meet its burden of proof that the City erred in issuing the MDNS. 13. Density of the site is controlled by the ordinance standards and regulations as established in the B1MC. Change of density is not a SEPA issue. Findmg of Fact 10. 14. Adequate review has been made of the projected traffic and impacts resulting therefrom. Finding of Fact 11. The Appellant has failed to prove the City was in error in accepting the traffic analysis. DECISION AND RECOMMENDATION Based upon the preceding Findings and Conclusion, the requested Preliminary Plat to subdivide a 27.28-acre parcel into 70 residential lots is recommended for APPROVAL. The Appeal of the SEPA determination is DENIED and the MDNS is UPHELD. The preliminary plat is subject to the following conditions: 1. All conditions of the Mitigated Determination of Nonsignificance dated November 12, 1998 shall be satisfied As a means of mitigating impacts to schools, a school impact fee of $3,090.00 is to be paid for each of the newly created lots. One half of the fee, $1,545.00, shall be paid prior to final plat approval and the balance shall be paid at the time of building permit issuance. Findings, Conclusions & Decision Hearings Examiner of Bainbridge Island James C. Laughlin SUB01-13-98-1 Page 10 The subdivision roads and the water line, along with hydrants, shall be installed and approved by the City Engineer and Fire Department prior to any combustible construction on the site. If propane gas is to be used as a fuel for heating any of the proposed residences, all individual on-site tanks must be located in accordance with Uniform Fire Code requirements regarding minimum distances to property lines and buildings. A permit is required to be issued from the Building Division prior to installation of any propone tank. In accordance with Bainbridge Island Municipal Code (BIMC) Section 17.04.080, the subdivision shall be subject to an Open Space Management Plan. Said plan shall be approved by the Director of Planning and Community Development prior to final plat approval. The Open Space Management Plan shall address any applicable maintenance provisions in BIMC Sections 17.12.090 Gand H. If necessary, a Homeowners' Association will need to be formed for the maintenance of those portions of the open space that will be held in common ownership. The Open Space Management Plan shall be recorded with the 'County Auditor's Office concurrent with the final plat. The open space shall be established by easements, restrictive covenants, or other similar legal means to the satisfaction of the City Attorney. This legal document shall reflect the provisions of the Open Space Management Plan and shall be recorded concurrently with the final plat. 7. The following setback and lot coverage information shall be noted on the final plat: Building to Building Building to Outer Property Line Building to Roadways Building to Trail or Open Space Minimum 10 feet separation Minimum 15 feet Minimum 40 feet from Sportsman Club Road Minimum 40 feet form NE New Brooklynn Road Minimum 10 feet Maximum Lot Coverage for each lot: 3,395 square feet 8. Prior to final plat, a plan and profile of the subdivision roads shall be submitted to the City Engineer for review and approval 9. Prior to final plat, the plan and profile of the sanitary sewer line shall be submitted to the Public Works Department for review and approval. 10. Prior to final plat all water and sewer lines/system details shall be developed per City standards and submitted to the Public Works Department for review and approval. Water and sewer lines must be installed prior to final plat approval to the satisfaction of the City Engineer. 11. All lot corners shall be staked with three-quarter inch galvanized iron pipe and wooden locator stakes. Additionally, all applicable provisions of Appendix A, BIMC Chapter 17.12 shall be met prior to final plat approval. 12. A plat certificate shall be provided prior to final plat approval. Findings, Conclusions & Decision Hearings Examiner of Bainbridge Island James C. Laughlin SUB01-13-98-1 Page 11 13. Approved street names, traffic regulatory signs, and accessible mailbox locations that do not restrict pedestrian access must be provided prior to final plat approval. 14. The final plat must contain notice that the subdivision is within 300 feet of an established agricultural land on which a variety of commercial activities may occur that are not compatible with residential development in accordance with BIMC 16.20.180C. 15. Development of affordable housing units shall be in compliance with BIMC Chapter 18.90. All lots developed with affordable housing shall be shown on the final plat. Failure to develop affordable housing consistent with the Application shall result in reduced density to be determined by the Planning Director. 16. Sidewalks with planting strips shall be installed along the subdivision roads. Final design approval and installation of the sidewalks and planting strip is required prior to final plat approval. 17. An approved Forest Practices Permit shall be obtained from the Department of Natural Resources prior to any non-exempt clearing of the site. DECIDED this 8th day of January, 1999. Jmes M. Driscoll carings Examiner of Bainbridge Island Findings, Conclusions & Decision Hearings Examiner of Bainbridge Island James C. Laughlin SUB01-13-98-1 Page 12