P.S. ENVIRONMENTAL CON02-26-01CITY CLERK
CITY OF BAINBRIDGE ISLAND
OFFICE OF THE HEARING EXAMINER '~
L~ .'~ ~"~
VACATION OF KITSAP COUNTY )
SHORT PLAT/PLANNED )
UNIT DEVELOPMENT NO. 1927 )
APPLICANT: PUGET SOUND )
ENVIRONMENTAL LEARNING )
CENTER BY F. NATHAN THOMAS )
CON02-26-01ol
FINDINGS OF FACT
CONCLUSIONS OF LAW
AND RECOMMENDATION
SUMMARY
The Puget Sound Environmental Learning Center (PSELC) has applied for a vacation of a
Short Plat/planned Unit Development (SP/PUD) which was approved by the Kitsap County
Board of Commissioners in 1979. This SP/PUD has never been developed. The'five acre parcel
encumbered with this SP/PUD approval is a part ora larger 256 acre parcel purchased by Paul
and Deborah Brainerd for development of the PSELC The Brainerds transferred the ownership
of the property to PSELC in December of 2000. The PSELC was approved for development
under Conditional Use Permit CUP07-06-99-1. The project is now being developed and the
improvements made to the property are clearly inconsistent with the previously issued PUD
permit. The vacation of SP/PUD No. 1927 is recommended for approval.
FINDINGS OF FACT
1. The PSELC is the legal owner of Lots A, B, C, D, E and F, at Kitsap County Short Plat
No. 1927, recorded under Auditor's File No. 7908220127; Legal Description:
Situate in the Northeast quarter of the Northwest quarter of Section 3, Township
24 North, Range 2 East, W.M., City of Bainbridge Island, Kitsap County,
Washington, subject to and together with easements, restrictions and reservations
of record.
Tax Lot Numbers: 032402-2-002-2001; 032402-2-045-2006; 032402-2-046-2005;
032402-2-047-2004; 032402-2-048-2003; and 0322402-2-049-2002. This property has a zoning
designation orR 0.4.
2. PSELC, through its representative F. Nathan Thomas, has applied for a vacation of
SP/PUD No. 1927 because this five acre parcel is a part of the PSELC site being developed under
a Conditional Use Permit (CUP) issued by the City of Bainbridge Island (CUP07-06-99-1).
Hearing Examiner
CON02-26-01-1
Brainerd Page -1- City of Bainbridge Island
3. SP/PUD No. 1927 was approved by the Kitsap County Board of Commissioners in 1979,
however, no improvements were made on the five acre site. The property was later sold to Port
Blakely Tree Farms, then in 1998 the parcel was sold to Paul and Deborah Brainerd. The
Bralnerds transferred the property to PSELC in December 2000 for development of the PSELC.
4. The City received a consultation request to resolve the vacation of the Kitsap County
SP/PUD No. 1927 in February, 2001. This consultation request was required by conditions of
approval for both CUP07-06-99-1 and BLA03-17-00-1.
5. A request for vacation of a PUD is exempt from SEPA review under WAC 197.11.800
(6)(a): Minor Land Use Decisions.
6. Revocation of this PUD permit is necessary to comply with CUP07-06-99-1 conditions of
approval. The five acres encumbered by this SP/PUD No. 1927 approval are located in a portion
of the PSELC site where the gate house, entry drive and parking areas have been approved;
development of that area has begun. EXHIBIT6 identifies the parcels included in the SP/PUD
No. 1927 approval. EXHIBIT5 shows an outline superimposed over a map of the PSELC
locating the five acres on the site.
7. Revocation of SP/PUD No. 1927 is necessary for the preservation and enjoyment of the
substantial property right of the applicant to develop the site. The applicant is developing the site
as an educational center for environmental studies. The PSELC will utilize the entire site. No
residences will be built on the site other than those approved under CUP07-06-99-1. This PSELC
development is inconsistent with the terms and conditions previously approved by SP/PUD No.
1927.
8. The revocation of this SP/PUD approval will not be materially detrimental to the public
welfare, nor to the property of other persons located in the vicinity of the site. This five acre
parcel is being developed as the entry road, parking area and gate house for the PSELC and is no
longer an appropriate site for the development of single family residential lots. No objections to
this revocation request were received from other property owners in the vicinity.
9. On May 30, 2001 a Public Hearing was held before the Hearing Examiner to consider the
application. Prior to the hearing, notice was published in the Bainbridge Review on May 12,
2001; notice of the public hearing was mailed to the owners of property within 300 feet of the
proposed project on May 14, 2001, 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 May 16, 2001 [EXHIBIT 12.]
Hearing Examiner
CON02-26-01-1
Brainerd Page -2- City of Bainbridge Island
CONCLUSIONS OF LAW
1. The PSELC is the true legal owner of Lots A, B, C, D, E, and F of Kitsap County Short
Plat No. 1927, which was recorded under Auditors File No. 7908220127 [See EXHIBIT14].
2. This PUD vacation request must be processed under the terms of the Kitsap County
Zoning Ordinance in effect at the time the PUD application was filed (BIMC 18.120.020 (D)).
Extensive search by Debbie Randall of the Department of Planning and Community Development
(DPCD) has revealed that Kitsap County zoning ordinance in effect at the time of application was
the portion of the 1977 zoning ordinance described inEXttlBITS. Under Section 5.9.2 of the
1977 Zoning Ordinance, a property owner of record of any land or building desiring a
reclassification of property or PUD must present a petition requesting the amendment to the
Planning Department. In this instance the PSELC filed a formal request with DPCD for
consultation on a request for revocation of the PUD permit. Under the 1977 Zoning Ordinance,
the request for revocation is then referred to the public hearing body which holds a public hearing
and makes a recommendation to the legislative body regarding that revocation request. In this
instance a public heating was held by the Hearing Examiner establishing a record. The Hearing
Examiner now makes a recommendation to the City Council for final decision on the request for
revocation of the PUD permit and vacation of the short plat. SEPA review is not required.
3. Findings of fact have been entered by the Hearing Examiner finding that this approval is
necessary to preserve a substantial property tight of the applicant. The revocation of the PUD
permit and vacation of the SP are required as conditions for the development of the PSELC under
the Conditional Use Permit. In addition, a finding has been entered by the Heating Examiner that
the revocation of this PUD permit will not be materially detrimental to the public welfare, nor to
the property of other persons located in the vicinity of the parcel. The use of this site as an
educational center has been previously approved by the City of Bainbridge Island and is consistent
with the residential zoning of property near this site.
4. A decision by the City Council approving a revocation of SP/PUD No. 1927 and vacating
the short plat should be filed with the Kitsap County Auditor to remove the SP/PUD No. 1927
approval from the property title.
CON02-26-01 - 1 Hearing Examiner
Brainerd Page -3- City of Bainbridge Island
RECOMMENDATION
The Hearing Examiner recommends that the City Council approve a revocation of
SP/PUD Permit No. 1927 by City Council resolution as requested by the applicant. It is
recommended that a condition be imposed on that approval requiting the applicant to record with
the Kitsap County Auditor a copy of the final resolutio~ revoking the PUD permit and vacating
the Short Plat.
Dated this ~q.,t, day of ,~,~.~ , 2001.
~,obin Thomas Baker
Hearing Examiner Pro Tem
CON02-26-01-1 Hearing Examiner
Brainerd Page -4- City of Bainbridge Island