Woodland_Village_February_2000CITY OF BAINBRIDGE ISLAND
OFFICE OF THE HEARING EXAMINER
AN APPLICATION FOR
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SUB02-02-98-1
PRELMINARY PLAT APPROVAL
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AMENDED FINDINGS OF FACT,
WOODLAND VILLAGE SUBDIVISION
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CON
CLUSTIONS OF LAW
APPLICANT: LANDMARK
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AND RECOMMENDATION
MANAGEMENT, LLC
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SUMMARY
A motion was passed by the City Council on September 22, 1999 and amended October
13, 1999 wherein the Application for Preliminary Plat Approval for the Woodland Village Subdivision was remanded to the Planning Department and the Hearing Examiner for further fact
finding and recommendations regarding the requirements of Bainbridge Island Municipal Code (BIMC) 16.20.090.(C)(2) as applied to this subdivision application. Pursuant to those remand
instructions, the Department of Planning and Community Development retained an additional wetland Biologist, Ms. Kim Harper, to review the site application and make recommendations for
conditions on the project. The Planning Department then revised its recommendation adding new conditions to its approval of the Preliminary Plat Application. The applicant submitted
additional expert testimony regarding the application. Comments and expert testimony were provided by members of the public. Public hearings were held on December 2nd, 9th and 16th,
1999. The Hearing Examiner Pro Tem has revised her Recommendation to the City Council as a result of this remand. The Hearing Examiner again recommends the approval of this Preliminary
Plat Application, however, additional conditions are recommended to ensure the project's compliance with the requirements of the BIMC §16.20 and 17.04. Amended Findings of Fact, Conclusions
of Law and Recommendation incorporate the July 9, 1999 Recommendation. Amendments to the original Recommendation and new Findings and Conditions have been italicized to distinguish them
from the July 9, 1999 Findings of Fact, Conclusions of Law and Recommendation.
FINDINGS OF FACT
This application for Preliminary Plat approval seeks approval for a subdivision of
real property owned by Antone Pryor, legally described as:
The Northeast quarter of the Southeast quarter of the Southwest quarter of Section 23, Township 25N, Range 2E, Willamette
Meridian, Kitsap County, Washington; except the North 20 ft thereof; also except Ferncliff Avenue NE.
The subject property is identified by tax account number 232502-3-024-2004.
The
parcel is located approximately 1/4 mile north of the intersection of High School Road and Ferncliff Avenue on the west side of Ferncliff Avenue in the City of Bainbridge Island. The
owner is represented by Landmark Management, LLC and Douglas Nelson, applicant for this Preliminary Plat application.
2. The Pryor property is presently undeveloped. The property site has a dimension of approximately 9.408 acres. The property has a zoning designation of R2.9 and a Comprehensive Plan
designation of Semi-Urban Residential.
3. A Mitigated Determination of Non-Significance was issued by the city on October 7, 1998 attaching certain conditions to the project for SEPA
approval. That MDNS was not appealed and became final in late October, 1998.
4. A notice of complete application was sent to the applicant and notice of the complete application was
published on June 13, 1998 and June 20, 1998 in the Bainbridge Island Review.
5. On July 17, 1998 Resolution No. 98-29 was passed by the City Council approving the expansion of City
sewer service area to the Woodland Village subdivision property. Water service is also available. EXHIBIT 69.
6. On September 12, 1998, the applicant revised his Preliminary Plat application,
reducing the number of Lots proposed from 32 Lots to 30 Lots. The MDNS issued in October 1998 was based on that 30 Lot revised plat.
7. The planning review process continued and further
revisions were made to the Preliminary Plat application by the applicant. A revised Preliminary Plat was received by the Planning Department on February 2, 1999. That revised Plat has
been included in the record as EXHIBIT 47. The imposition of conditions and recommendation for approval subsequently filed by the Planning Department were based on the February 2, 1999
Revised Plat application.
8. The Staff Report was issued on March 12, 1999 by George Johnston, Associate Planner at the Department of Planning and Community Development. That Staff Report
is included in the record as EXHIBIT 1.
9. The Public Works Department of the city of Bainbridge island reviewed the project application and approved the proposal with certain conditions.
Memo dated: February 18, 1999. EXHIBIT 28.
10. On February 19, 1998 the Bainbridge Island Fire Department sent a memo outlining its review of the project. This memo is included as EXHIBIT
5.
11. This project has been reviewed by Phyllis Meyers on behalf of the Suquamish Tribe and her letters of recommendation are included in the record as EXHIBIT 13.
12. This project
was also reviewed by the Washington State Department of Resources and Mr. David Weiss. A Forest Practices Permit will be required to remove trees from the property. His letter is marked
EXHIBIT 12.
13. Notice of the project was sent to Puget Sound Energy which notified the city it had no comments on the proposal. A letter from Linda Streissguth for Puget Sound Energy
is included in the record as EXHIBIT 11.
14. During the review of the Preliminary Plat application, an environmental evaluation of the project site was made by Moss Environmental, on
behalf of the applicant, and the Moss report is included in the record as EXHIBIT 16. The environmental review made on behalf of the City was done by Adolfson Associates, Inc. The Adolfson
letter of review is included in the record as EXHIBIT 17. A third environmental evaluation was made of the site by Kim Harper, wetland Ecologist. Her written report is Exhibit 56R, Attach
C.
15. The City did not conduct a formal traffic study; however, Mr. David Nelson of the Department of Public Works testified that his Department reviewed the project to determine what
impact the addition of thirty houses on this property would have on traffic on existing city streets. Mr. Nelson testified that Ferncliff Avenue, which adjoins this project site, is
a secondary arterial which presently provides a Level of Service (LOS) "A" according to the Comprehensive Plan. The LOS "A" is projected by the Comprehensive Plan to continue to the
year 2015. The Public works Department estimated that approximately 300 cars trips per day would be added to Ferncliff Avenue from this subdivision. Mr. Nelson testified that Ferncliff
Avenue, as presently constructed, is capable of absorbing that additional traffic without a substantial downgrade in the
LOS now available on Ferncliff Avenue. Mr. Nelson further testified that the Public works Department recommends a traffic study for a project where existing roadways are operating with
a LOS of "D" or "E" prior to the project, however, Public works does not usually require a traffic study where the present LOS is a levels "A" or "B".
16. A public hearing was held on
March 19, 1999 for which notice was posted with City notices at the Ferry Terminal, City Hall and notice was published in the Bainbridge island Review. The Notice of Hearing was also
mailed to surrounding property owners. A public hearing was held during which testimony was given by the Department of Planning and Community Development, the Department of Public Works,
Mr. Doug Nelson, applicant, and from numerous members of the public who attended the hearing. A list of those attending the March 19, 1999 hearing is included in the record as EXHIBIT
73. During the course of that hearing, several members of the public testified that the property had not been posted with an official notice of the hearing as required by the Bainbridge
Island Municipal Code. After the close of the hearing, further inquiry by city Staff revealed that in fact the subject property had not been posted with notice of the March 19, 1999
hearing. When informed that notice of the March 19, 1999 hearing had not been posted, the Hearing Examiner Pro Tem rescheduled the public hearing on the application for May 27, 1999.
17. Prior
to the May 27, 1999 hearing, notice of the public hearing was posted on the property, City Hall and the Ferry Terminal; mailed to surrounding property owners as required by the code,
and published in the Bainbridge Island Review. An additional public hearing was held on May 27, 1999. A list of those attending the May 27, 1999 hearing is included in the record as
EXHIBIT 74.
18. At the end of the public hearing on May 27, 1999, documentation on the availability of water and sewer for the property had not yet been received for inclusion in the
record. Therefore, at the request of the City and the Applicant the record was left open until June 4, 1999, for filing documents and further written comments by the parties and the
public. Prior to the June 4, 1999 deadline, the Hearing Examiner received a further request from the City and the Applicant to extend the deadline for the submission of documents beyond
the June 4, 1999 date because the necessary documents had not yet been received by the Planning Department and the Applicant wished to file an Open Space Management Plan for review with
his Preliminary Plat application. The Hearing Examiner granted that extension of time for filing documents and as a condition continued the public hearing to June 17, 1999 to allow public
comment on documents submitted after the May 27, 1999 hearing. Notice of the continuance of the public hearing and the extension of time for submission of additional documents was sent
to all parties and to all members of the public attending the March 19, 1999 hearing and/or the May 27, 1999 hearing. After notice was mailed, the Hearing Examiner's office learned that
Mr. Bob Katai, the new Planner assigned to the Woodland Village project, had a conflict on June 17, 1999 with another scheduled hearing. At his request, the Hearing Examiner then continued
the June 17, 1999 public hearing to June 23, 1999. Notice of that June 23, 1999 hearing was again sent, by mail, to all parties and to all members of the public signing in at either
the March 19, 1999 hearing and/or the May 27, 1999 hearing. The public hearing was continued on June 23, 1999. Mr. Bob Katai testified for the Planning Department, Mr. Nelson testified
for the Applicant and several members of the public made statements for the record. A list of those attending the June 23, 1999 hearing is marked EXHIBIT 75. All public hearings were
recorded and the recording was monitored by Jacque O'Donnell, Assistant to the Hearing Examiner.
19. This project is located approximately 1/4 mile north of the intersection of High
School Road and Ferncliff Avenue. Ferncliff Avenue is presently undergoing a substantial road improvement where bike lanes and sidewalks are being installed and site lines are being
improved. Ferncliff Avenue, as it abuts this project site, is designated as a bike route in the Bicycle Plan included in the Transportation Element of the Comprehensive Plan adopted
by the City of Bainbridge Island. The Transportation Element promotes island bike/pedestrian access to encourage people to peddle or walk rather than drive. As a condition for this project,
Planning has recommended that the applicant be required to construct a sidewalk along Ferncliff from the South access road of the project along the eastern property line to the South
property line. This sidewalk is recommended for pedestrian access to the subdivision and to connect with a future sidewalk to be constructed along properties to the South, then connecting
with a sidewalk at High School Road intersection. This project site is approximately a mile from the Ferry Terminal and within 1/4 mile of existing bicycle lanes on Ferncliff Avenue
between High School Road and Winslow Way E. An extension of the bicycle lane along Ferncliff Avenue would encourage residents of this subdivision to use bicycles and pedestrian access
to and from the subdivision. The public would also benefit from such a bike lane extension along Ferncliff Avenue. A reduction in traffic would reduce the impacts on this neighborhood
as this parcel and adjoining parcels are developed.
20. The Applicant has requested an increase in density of 3 market rate bonus units because the
application provides for 3 units of affordable housing on Lots 29, 30 and 9. BIMC 18.90.040.B., requires that the Applicant provide at least 10% of the number of market rate units constructed
pursuant to this application as affordable housing for households in the moderate income group or lower income groups.
This project proposes thirty residential lots to be located on
the 7.43 acres remaining after delineation of the 1.97 acre Class II Wetland which has been identified on the property. The Applicant requests that 100% of the Wetland be included in
the density calculation. The base density for housing on this parcel, if the Wetland is not included in the density calculation, would be 21 housing units. Of those 21 housing units,
at least 2 units must qualify as affordable housing under BIMC 18.90.040.B. The Applicant's request assumes the inclusion of a bonus for each affordable unit provided in the project.
21. Tract
D is the only active common open space provided for recreation for residents of this subdivision. Under the conditions imposed by the MDNS, the large open space designated on the plat
as Tract E, which contains Class II wetland, will remain in its natural state as a "no build" zone. There are no recreation trails or pathways presently located in Tract D and none will
be built as a part of this project. The 100 foot wetland buffer separating the Class II wetland from the developed portion of the subdivision, also has been designated as a "no build"
zone in the MDNS. A split rail fence or similar fencing will separate the buffer area from the buildable area on privately owned lots included in the subdivision. A Homeowners Association
will be needed to enforce "no-cut," "no build" restrictions in the buffer and wetland areas and to maintain the fencing separating the buffer areas from development lots in the subdivision.
A Native Growth Protection Easement will ensure protection of the wetland in perpetuity.
22. The Preliminary Plat as submitted includes a portion of the wetland buffer in Lots 7 through
16. The lot lines are drawn so that the wetland buffer comprises at least 15% of each residential lot numbered 8 through 16. EXHIBIT 62 submitted for the record by Mr. Vince Mattson,
contains calculations showing the percentage of wetland buffer inside Lots 7 through 16. Since the wetland buffer is required to be maintained in its natural state, an Open Space Management
Plan must contain clear rules for maintenance of the buffer area and prohibitions against building or cutting in the buffer or encroachment of non-native vegetation.
As a part of the
Remand review process, the Planning Department retained wetland Ecologist, Ms. Kim Harper, to give her opinion on the requirements of BIMC 16.20.090.C.2, as applied to this Preliminary
Plat Application. Ms. Harper recommended that all lot lines be located outside the wetland and buffer areas. Mr. Michael Pollock testified as a neighbor and as an Ecosystems Analyst
in Riparian Ecology. He also recommended that no private lots be included in the buffer area. He further recommended an extension of the buffer area to 250 feet or more in width. EXHIBIT
84R, EXHIBIT 56R, ATTACHMENT C, AND EXHIBIT 57R. Three other wetland biologists visited the site and made recommendations on this project's compliance with BIMC 16.20.090(C)(2). Those
wetland biologists were Claramarie Moss Kidd of Sheldon & Associates, Polly Harris of Adolphson Assoc. Inc., and A.J. Bredberg of B&A Inc. None of those additional three wetland biologists
recommended a removal of private lot lines from the buffer area as a requirement for protection of the wetland. See EXHIBITS 16 and 17 and EXHIBIT 69R.
23. The Bainbridge Island Fire
Department has required a two-way access road to ensure this subdivision provides adequate emergency access to the homes. A 40 foot Right-of-Way is shown on the proposed Preliminary
Plat, EXHIBIT 47.
24. This subdivision will provide housing for families with school age children and this student population will impact the Bainbridge Island School District.
25. There
is only one Open Space tract proposed in this subdivision for active recreation for the residents, Tract D. A connection to existing sidewalks and bike lanes off site will allow access
to other parks in the city. Residents of this subdivision need opportunities for active recreation which would not encroach on the environmentally sensitive Class II wetland being protected
on this property.
26. Ferncliff Avenue is a quiet wooded street bordered by undeveloped property and a few residences as it travels from the intersection of High School Road to the intersection
of Green Spot Avenue. As a part of the Comprehensive Plan, the City of Bainbridge Island has included a Policy of maintaining the character of Island roadways and protecting the Island's
environmentally sensitive areas. In order to maintain the naturally wooded roadway character enjoyed by the residents of Ferncliff Avenue, a 40 foot no cut vegetative buffer has been
proposed between the building lots of the subdivision and Ferncliff Avenue. This wooded buffer along Ferncliff Avenue is designated as Tract B on the Preliminary Plat. It is separated
by protective fencing from a 15 foot access easement serving Lots 30, 27, 26, 23 and 22. This 40 foot wooded buffer should be maintained in its natural state to preserve the character
of the roadway for the benefit of the neighborhood.
Although a portion of the storm water containment system will be built within Tract B, on its southern end, the area around the storm water facilities will be replanted with natural
vegetation after facility construction to preserve the native woodland character of that buffer area. The buffer area as it borders Ferncliff Avenue is a medium-high, vegetated bank
which will be disturbed during construction of a sidewalk and bike lane along Ferncliff Avenue. After construction of the bike lane and sidewalk, the bank will be replanted with native
vegetation and maintained as a no cut buffer. No aquifer recharge area has been identified on this parcel.
27. The Preliminary Plat provides for two five foot wide trail easements, one
bordering Lot 15 and the other bordering Lots 7 and 8, to provide access to Tract E for maintenance of the fencing along the buffer boundary and enforcement of the "no-build," "no-cut"
zone by the Homeowners Association. These easements must be legally described in the Open Space Management Plan to provide access for duties assumed by the Homeowners Association.
28. Although
Tract D has been designated by the applicant as an active recreation area for the subdivision, Mr. Doug Nelson testified at the hearing that there were no present plans to develop this
Tract D into a tot lot. The development of this lot into an active recreation area is necessary to provide some common area in the subdivision for use by residents because lots and yards
are small and open space buffers are to be preserved in their natural state. This "tot lot" would be an amenity for the neighborhood which provides a greater benefit than if the site
were developed in a typical lot by lot development.
29. This Preliminary Plat includes the sidewalks along all interior roads with landscaping between the sidewalk and the street. This
street landscaping will provide some replacement trees for trees removed during construction. Water and sewer will be provided for this subdivision through an extension agreement with
the City of Bainbridge Island. The proposed extension of new lines for sewer and water and the proposed additional use of existing facilities and utilities for sewer and water will not
degrade the existing level of operation and use of such utilities, facilities and services for the City of Bainbridge Island below accepted standards. EXHIBIT 69 is a letter of non-binding
commitment for water and sewer from the City.
30. Tract E is designated as a wildlife corridor under the Bainbridge Island Comprehensive Plan and its preservation in its natural state
will protect the existing wildlife habitat carrying capacity of property by continuing to provide wildlife corridors and preserving the areas used for nesting and foraging. Since there
will be no building or construction in the wetland or in its 100 foot buffer area, the wildlife corridor will be protected. The removal of all lots from the buffer area will increase
protection of the wetland and buffer area as a wildlife corridor and will decrease the likelihood of human alteration of the natural conditions in the protected Tract. (See Letter of
Opinion of Kim Harper in EXHIBIT 56R.)
According to Claramarie Moss Kidd, the biologist responsible for the original delineation of the wetland on this property, "the wetland on this
site appears to have relatively high value for wildlife habitat and the presence of many habitat features, including downed logs, snags and a combination of open water interspersed with
shrub vegetation. The wetland does not appear to provide any fish habitat." EXHIBIT 16.
Mr. Michael Pollock also testified regarding the importance of maintaining the buffer in its natural
state to help maintain local bio-diversity and to protect bird and animal species presently occupying the site. See EXHIBIT 84R.
A Great Blue Heron rookery is located approximately
1000 feet to the north of the project site. The rookery is located at the southwest corner of property owned by Dwight Sutton and on a parcel of property immediately to the south. The
property is located near SR 305. The Bainbridge Island Comprehensive Plan identifies the Woodland Village site as a priority species nesting area (Figure 6 of the Land Use Element).
Under the Comprehensive Plan, the Great Blue Heron is identified as a State Monitored Species. Mr. Pollock testified that he observed Pileated Woodpeckers on the Woodland Village site.
The Pileated Woodpecker is identified in the Bainbridge Island Comprehensive Plan as a State Candidate Species. Mr. Pollock testified that large snags in particular should be protected
on the property because they are critical habitat for many wildlife species, including the Pileated Woodpecker. EXHIBIT 84R.
Since the Great Blue Heron rookery has been identified in
the vicinity of this project site, it will be incumbent on the Applicant to contact the Washington State Department of Fish and Wildlife (WSDFW) to determine if a management program
for the protection of the Heron rookery is required under WSDFW regulations.
31. All public and private facilities and improvements on and off the site necessary to provide for the proposed
subdivision will be available when needed. The City Council has agreed to extend water and sewer service to this subdivision as needed. Upon approval of the Preliminary Plat, the Applicant
will enter into
extension agreements with the City for the provision of water and sewer service to the subdivision. The water system built for this subdivision will include fire hydrants with sufficient
fire flow to provide fire protection for residents of the subdivision. The Public Works Department has indicated that no change in the Level of Service will result from the addition
of traffic on Ferncliff Avenue. Ferncliff Avenue has been identified under the Comprehensive Plan as a collector street providing LOS "A". In addition, the roadway, Noel Lane, which
gives access to the homes in the subdivision, has been widened to 40 feet in width to provide adequate right-of-way for emergency vehicles. Transit service is available along Ferncliff
Avenue providing bus transportation for residents. Sidewalks and bicycle lanes have been recommended as a condition for this subdivision, along Ferncliff Avenue, to provide bicycle and
pedestrian access to the subdivision.
32. There are no agricultural uses presently being made of this property.
33. There are no scenic highways abutting this property and no significant
views from public right-of-way, parks or open space with the exception of the heavily vegetated roadside along Ferncliff Avenue. The roadway character is being maintained by the 40 foot
"no cut" buffer along Ferncliff Avenue and by 15 foot "no cut" vegetative buffers on the south and north ends of the subdivision along property lines. This vegetated buffer will provide
screening between the houses being built in this subdivision and Ferncliff Avenue. The wetland and its buffer area will provide screening from the property uses to the west of this parcel
and the vegetated buffers on the north and south property lines will create a natural screen from the uses of the property to the north and south. This subdivision, using the Flexible
Lot Design, preserves an environmentally sensitive area, a Category II wetland located on the site, in a protected open space tract. The subdivision's overall design includes at least
40% of the parcel as designated Open Space as required under BIMC 17.04.
34. The public use and interest will be served by the platting of this subdivision because, through the use of
the Flexible Lot Design process the Preliminary Plat Plan preserves a Category II wetland located on the site in a commonly held natural conservation area which will be maintained and
protected through a Homeowners Association Open Space Management Plan. This Plan will provide both public and private means of enforcement for the protection of this environmentally
sensitive area. A typical lot by lot development of this parcel would allow the wetland to be divided among private lot owners, making enforcement of the protective covenants for the
wetland and its buffer more difficult. This subdivision proposal is designed to be serviced by a public sewer system rather than on-site septic systems. The minimum lot area for lots
in this subdivision is reduced because of extension of the public sewer system. It is more economically feasible for the developer to extend sewer service to the subdivision. The public
interest is served by the additional protection of the wetland from waste water contamination. In addition, this subdivision will provide a Plat wide storm water management facility
which will protect the hydrology of the wetland on the property as well as control the increased storm water runoff from impervious surfaces now added to the site. This storm water management
system will be maintained by a Homeowners Association which will have the responsibility to maintain an effective operating system, and will have the ability to assess fees to provide
funds for the maintenance of the system. Storm water run off impacts to the existing public storm water system off-site will be minimized.
35. During the course of Planning Department
review of this Preliminary Plat Application, the Applicant met with members of the Planning Department and with representatives of the Department of Public Works, to review plans for
construction of subdivision roadways and storm water management facilities. The Planning Department and the Department of Public Works have approved the Preliminary Plans for storm water
and wastewater management. The Applicant is required to comply with the provisions of BIMC 15.20 and 15.21 for the design and construction of the storm water facilities on the property.
The Planning Department has recommended, as its proposed Condition 46, that the Applicant be required to design storm water facilities which maintain the hydrology of the wetland on
the property by providing water flow to the wetland in similar amounts and at similar rates as flows which exist in pre-development conditions. This condition will require the Applicant
to submit a detailed analysis of the storm water flows directed toward the wetland basin, to assure protection of the wetland's functional characteristics and hydrological conditions.
The Engineering Report from Brown Engineering (dated January 28, 1999) was submitted to the Public Works Department as a part of the ongoing analysis of engineering and design of facilities
at the site. That Engineering Report is included as an attachment to EXHIBIT 97R. Condition 4 of the MDNS requires the Applicant to provide a Storm Water Plan designed in accordance
with the Washington State Department of Ecology Technical Manual. The Plan must be submitted to and approved by the City Engineer prior to Preliminary Plat Approval.
36. This proposal
is in accord with the City's Comprehensive Plan and consistent with the zoning designation of the property. This Subdivision Plat uses the Flexible Lot Design process required by BIMC
17.04. The Comprehensive Plan Land Use Element, Environment Section, Goal 2, states: "Whenever there is a subdivision of land, the City shall consider the impact on critical areas."
Further, under EN 2.2, the Plan states: "Creative solutions (such as Flexible Lot Design, TDR's and PDR's) which may allow the maximum number of lots while protecting critical areas,
should be explored." The BIMC 17.04.040 defines the Flexible Lot Design as "A design process which permits flexibility in lot development and encourages a more creative approach than
traditional lot by lot subdivision. The Flexible Lot Design process includes Lot Design Standards, guidance on the placement of buildings, use of open space and circulation which best
addresses the site characteristics. This design process permits clustering of lots with a variety of lot sizes, to provide open space and to protect the Island's natural systems...."
Further, BIMC 17.040.50 requires: "All residential subdivisions shall be consistent with the Flexible Lot Design process and the Flexible Lot Standards described herein [Chapter 17.04]...
The Flexible Lot Design methodology described herein allows for greater flexibility in the location and establishment of residential lots and associated infrastructure and is intended
to provide a fair and predictable process for the development of land." The use of the Flexible Lot Design process at this site allows the Applicant to create the number of lots allowed
for base density on a portion of the site not included in the wetland or its buffer, or in any designated open space set aside on the perimeters of the property. The topography of the
site is such that home sites can be located on the relatively flat eastern portion of the site, thus providing additional protection for the wetland and the buffer area. The location
of the home sites on the eastern portion of the site, and the service of this subdivision by public water and sewer helps prevent possible degradation of ground water or surface water
quality by isolating the wetland and its buffer in a fenced open space tract. Storm water management facilities will be built entirely outside the wetland and its protective buffer.
As a condition of this Preliminary Plat, the Applicant will be required to provide an Erosion and Sediment Control Plan prior to any clearing or grading on the property. These Plans
and their implemented controls will be approved by the City Engineer and will be subject to inspection by the City during the construction of this project. An ongoing review of this
project by the Public Works Department will help ensure that the activities comply with all State, Local and Federal laws, including those related to sediment and pollution control.
This site is not located within a floodplain, and no on site wastewater disposal is planned for the site.
37. Extensive testimony was given, at the public hearings on remand, by neighbors
concerned with increased runoff of storm waters resulting from development of this site. Several neighbors from properties nearby, especially from the area of Grand Avenue and Broomgerrie
Road, expressed concern that increased water flows from this property will impact already saturated soils on properties east of the Woodland Village site. Offsite flow analysis has been
done by Brown Engineering (Engineering Report dated January 28, 1999, EXHIBIT 97R). Additional data on storm water and surface water flows at the site must be obtained to determine a
base line for the development. The Storm Water Management System must be designed so that post development offsite flows do not exceed pre-development conditions. It is the policy of
the City (BIMC 16.08.200) to consider the cumulative environmental impacts that a project may have on the surrounding area when aggregated with the impacts of prior or other proposed
developments in the area. The Applicant should be required to include in the engineering analysis an assessment of the capacity of the natural systems on the surrounding area to absorb
the anticipated increased storm water runoff after development of this site, The Applicant should also provide an assessment of the impact that this project will have on the level of
operation and effectiveness of the City storm water facilities which will be impacted by the increased storm water runoff from this project.
38. This matter was remanded by the City
Council by motion dated September 22, 1999 and amended October 13, 1999. Pursuant to that remand an additional review of the project was conducted by the Department of Planning and Community
Development and additional public hearings were held by the Hearing Examiner on December 2nd, 9th and 16th, 1999 addressing the issues identified in the letter of remand. Notice of the
Public Hearing on remand was published in the Bainbridge Island Review on November 13 and 20, 1999; posted at the City's designated posting sites; mailed to properties with 300' of the
subject property, on November 12th, 1999. In addition, Notice of the Public Hearing was posted on the subject property on November 11, 1999.
39. The Planning Department, in its revised
Staff Report, has recommended that the following condition be attached to the Applicant's project:
"All lots adjoining the wetland buffer shall have a minimum abutting yard of at least
50 feet to lessen the likelihood of the need to remove trees within the buffer to protect structures from wind throw."
The 50 foot abutting yard setback requested by the Planning Department
in proposed Condition 42 is greater
than setbacks required in BIMC 17.04.080. Evidence at the hearing did not support this increased yard setback. The trees in the buffer area, according to testimony, are up to 200 feet
in height. According to biologists visiting the site and the Applicant's Engineer, the site topography is such that the wetland and much of its protective buffer are located on the down
side slope from the area of the property where houses will be built. The wetland and its protective buffer are located along the western border of the property. There is a provision
in the BIMC under §16.22.040 which provides for the removal of dead trees and vegetation in a residual forest area for safety purposes, if a report from a qualified arborist or consulting
forester (approved by the City) indicates that such an action is necessary, and no feasible alternative to removal exists. The requirement of a 50 foot yard setback for property owners
in this subdivision, on lots which are already of a diminished size due to the flexible lot design, would place an unneeded restriction on the property owners' use of the buildable portion
of their lots. Testimony at the hearing did not support the Condition's premise that a 50 feet yard setback would "lessen the likelihood of the need to remove trees within the buffer
to protect structures from windthrow." Alternatives to tree removal were recommended by A.J. Bredberg, wetland biologist. Topping trees to prevent windthrow, he testified, would help
protect structures and also maintain wildlife habitat in the buffer.
40. The revised Staff Report has recommended the following condition:
"To reduce lot coverage in the vicinity of
the wetlands, each of the proposed lots adjoining the wetlands and wetland buffer shall contain at a minimum 10,000 square feet."
The storm water and surface water management system
proposed for this site has been specifically designed to protect the hydrological functions of the wetland protected on this property. The storm water management facilities to be installed
at the site will control the increased runoff due to development of the site for residential lots. All residential lots in this subdivision will be located outside the 100 foot protective
buffer and delineated wetland area, thereby mitigating impacts that residential uses might have on the wildlife habitat now existing in the wetland. The Flexible Lot Design process outlined
in BIMC 17.04 allows lots in a subdivision to be a minimum of 5,000 square feet if the subdivision is to be serviced by public sewers. BIMC 17.04.080.A.1. notes that larger minimum size
lots may be required to accommodate development in critical areas. Potential impacts to the buffer will be diminished by the recommended requirement that all private lots be located
outside the buffer area. Ms. Harper's concerns regarding the density along the buffer area relate to its potential impact on the wildlife functions of the buffer. This concern was not
supported by testimony from other biologists examining the property (see Kidd letter 10/28/99 EXHIBIT 56R, Bredberg letter 11/21/99 EXHIBIT 69R, and Harris letter 8/18/97 EXHIBIT 17).
Mr. Bredberg stated that other measures, such as tree topping and a requirement to leave downed trees in the buffer area, would help maintain the wildlife functions, even if hazardous
trees were taken down. Separation of the buffer from residential lots by permanent fencing also reduces the potential impacts from encroachment by homeowners. According to Mr. Katai,
the Staff recommendation of increased lot size for lots adjoining the buffer was based on Ms. Harper's concerns for wildlife habitat protection. That protection can be achieved by other
conditions recommended for the Plat.
41. The remand requires Findings of Fact on the phrase "use the subdivision process to accommodate innovation, creativity and design flexibility"
and "achieve a level of environmental protection that would not be possible by typical lot by lot development..."
A review of the application for this Preliminary Plat shows that the
Applicant has chosen to use the subdivision provisions of the Bainbridge Island Municipal Code (17.04) to design this subdivision under the Flexible Lot Lines Design process. That process
is described in BIMC 17.04 and by its very definition permits flexibility in lot development and encourages a more creative approach than traditional lot-by-lot subdivision. The definition
of Flexible Lot Design in included in BIMC 17.04.040 as follows:
""Flexible Lot Design" means a design process which permits flexibility in lot development and encourages a more creative
approach than traditional lot-by-lot subdivision. The Flexible Lot Design process includes Lot Design Standards, guidance on the placement of buildings, use of open spaces and circulation
which best addresses site characteristics. This design process permits clustering of lots with a variety of lot sizes to provide open space and protect the Island's natural systems.
The criteria for the layout and design of lots, including a minimum percentage of open space and a minimum lot size for each zone are described in this Chapter."
The Applicant has complied with the Flexible Lot Standards included in 17.04. The minimum lot size for lots included in this subdivision is at least 5,000 square feet as required by
BIMC 17.04. The Preliminary Plat shows that the Applicant has used the Flexible Lot Design process to create a subdivision which includes lots of various sizes and shapes concentrated
on the eastern portion of the site. Streetside landscaping has been proposed throughout the subdivision. The buildable portion of the site preserves the delineated 1.97 acre Category
II wetland located on the site and establishes a 100 foot protective buffer for that wetland. Increasing the number of lots on the site through the Flexible Lot Design process helped
make the project economically feasible for connection to the City of Bainbridge Island public sewer system. Connection to the public sewers enhances the protection for the ground and
surface water quality at the site and helps ensure protection of the wetland's functional characteristics. The expense of extending public sewer to this site would be far greater, if
not prohibitive, for lot owners developing the site in a typical lot-by-lot development, since the number of lots would be substantially reduced. The subdivision process also provides
for surface and storm water control facilities designed to serve the entire parcel in a coordinated system to ensure protection of the hydrological function of the wetland, and to protect
nearby public and private property from damage from potential increased runoff or possible erosion or sediment infiltration. The Applicant's proposal will include a condition that the
storm water management facilities be maintained by a Homeowners Association, and be subject to periodic inspections by the City Engineer to assure its continued effective function.
42. The
remand requires entry of Findings of Fact and Conclusions of Law on the percentage of wetland area that can be included in the density calculation.
The Applicant has requested that the
wetland area be included in the density calculation for housing sites available in this subdivision. The total site covers 9.4 acres of which 1.97 acres is included in the delineated
Class II wetland located on the western portion of the site. Zoning designation for this property is R.2.9, therefore, if the wetland is not included in the density calculation, 21 home
sites would be allowed as base density on this site. BIMC 18.90.040.B. requires that developments of 8 or more dwelling units or residential building lots must provide at least 10% of
the number of market rate dwellings as affordable housing for households in the moderate income groups. The density may be increased by 1 market rate bonus unit for each affordable unit
provided up to the maximum of density provided for in BIMC 18.90.030.B and C. The Applicant has proposed to set aside 3 lots for affordable housing units.
If the wetland area is included
in the calculation for the base density on this site, as requested by the Applicant, the base density would then be increased to 27 units, requiring at least three of those units to
be reserved for affordable housing units. The base density for the parcel may be increased by one market rate bonus unit for each affordable unit provided. Residential bonus density
proposals are reviewed concurrently with the primary land use application.
BIMC 16.090(C)(2) allows the inclusion of the wetland in the density calculation so long as the maximum density
on the property is not achieved. BIMC 16.200.90(2)(A) states that the inclusion of the wetland area in the density calculation may be allowed on a case-by-case basis but a decision to
include the wetland is made with a cautious application of the criteria set forth in BIMC 16.20.090.(C)(2)(a).
Since the Applicant has requested that all of the wetland area on this
site be included in the density calculation, he must comply with the criteria of 16.20.090.(C)(2)(a) as follows:
BIMC 16.20.090.(C)(2)(a)(i) Requires the decision maker to determine
"the extent to which the proposed activities will result in the conservation, alteration or impairment to the wetland's functional characteristics and its existing contours, vegetation,
fish and wildlife resources, and hydrological conditions."
The testimony at the public hearings and numerous exhibits included in the record show that the development of this parcel
under the Flexible Lot Design Process protects the Class II wetland on the property and will maintain its pre-development functional characteristics, contours, vegetation, fish and wildlife
resources and hydrological condition. It will be protected by a Native Growth Protection Easement. A 100 foot wide naturally vegetated buffer is separated from the residential lots in
the subdivision by a split rail fence along its eastern border. The storm and surface water management systems designed for this site will protect the hydrological function of the wetland
and will control the flow of storm waters into the buffer at a rate which will protect against damage from erosion or sediment infiltration. The wetland and its protective buffer will
be protected under the provisions of a recorded Open Space Management Plan which is binding on all lot owners in this subdivision. A removal of all private lot lines from the buffer
area should help ensure
compliance with the no-cut, no-build restrictions for the protective buffer and wetland areas.
BIMC 16.20.090(C)(2)(a)(ii) The decision maker must determine "the extent to which the
proposed activity will jeopardize the continued existence of endangered, threatened rare, sensitive monitor species as listed by the Federal Government or the State of Washington."
This
wetland provides a healthy wildlife habitat. A Great Blue Heron rookery is located to the northwest of this site, approximately 1000 feet from the northwest corner of this parcel. This
parcel is included in an area designated as priority species nesting area by the Bainbridge Island Comprehensive Plan. The Applicant will be required to contact the State Department
of Fish and Wildlife to determine whether a Management Plan is required for Heron habitat protection. Witnesses also testified that Pileated Woodpeckers use the site. The site, especially
in the buffer area around the wetland, contains numerous snags and fallen trees which provide habitat for the Pileated Woodpecker, a State candidate species. The retention of the wetland
and buffer area in its natural condition will preserve habitat for the Pileated Woodpecker and other birds and wildlife species currently on the site.
BIMC 20.090(C)(2)(a)(iii) The decision
maker must determine "whether the proposed activity is likely to cause measurable degradation of ground water or surface water quality."
This project has been carefully engineered to
provide surface and storm water control and establish storm water management facilities on the site. The project will be served by public sewers and by a public water system. No activity
proposed for this site is likely to cause any measurable degradation to the ground water or surface water quality at the site. Erosion and sediment control measures will be in place
before clearing begins on the property. Compliance with BIMC 15.20 and 15.21 will be required. A fertilizer/pesticide program will be required as a component of the Open space Management
Plan.
BIMC 16.20.090(C)(2)(a)(iv) The decision maker must determine "whether the proposed activity complies with all State, Local and Federal laws, including those related to sediment
control, pollution control, flood plain restrictions and on site waste water disposal."
The Department of Public Works has met with the Applicant during the pre-application and post-application
process to review plans for sediment and pollution control on the site. BIMC 15.20 and 15.21 require Best Management Practices to be used at the site. An erosion and sediment control
plan must be in place prior to grading and construction on the site. The Planning Department, in its review of the Application, submitted the application documents for review by the
Bainbridge Island Fire District, the Public Works Department, the State Department of Natural Resources and other appropriate agencies to ensure that the activities proposed by the applicant
comply with all State, Local and Federal Laws, including those relating to sediment and pollution control. The site is not located within a flood plain and no on-site waste water disposal
is planned for the site.
BIMC 16.20.090(C)(2)(a)(v) The decision maker must "determine the extent to which the impacts to the wetlands will be mitigated."
Wetland biologists hired by
both the city of Bainbridge Island and the Applicant have stated that any potential impacts to the wetlands on this property will be mitigated by the establishment of the Native Growth
Protection Easement for the wetland and its protected buffer. Claramarie Moss Kidd, Polly Harris and A.J. Bredberg are wetland biologists who have visited the site, evaluated the proposed
activities and considered the protections to the wetland and buffer area which have been designed into the project. They concluded were that there would be no degradation to the wetland
function as a result of this project because of the design of the surface and storm water management systems and the set aside of the wetland into a protected area with a 100 foot buffer.
BIMC
16.20.090(C)(2)(a)(vi) The decision maker "must determine whether there is likely to be any damage to nearby public or private property, or any threat to the public health or safety."
Considerable
testimony was given by members of the public who were neighbors of this property expressing concern about a possible increase in storm water runoff resulting from the development of
this site and the removal of mature trees and vegetation from the site. The Applicant will complete an off-site drainage impact analysis to ensure that any increased runoff is controlled
so that it will not damage surrounding properties, or severely impact existing public drainage facilities off site. Preliminary studies of water movement from the site indicate that
water flows southeast through Wing Point Golf Course eventually into Eagle Harbor. Other portions of the site drain to the northeast (see EXHIBIT 97R). The development of this site as
a residential
subdivision is consistent with the zoning designation for the property and the project, if developed as conditioned and proposed, will not pose a threat to public health or safety.
If
the Applicant complies with all the Conditions recommended by this Decision, then 100% of the wetland could be included in the density calculation.
43. he Remand Order also requires
Findings on the phrase "with due regard for the purposes of this Chapter as stated in 16.20.010".
The phrase refers to the Purpose Statement included in the beginning of BIMC 16.20.
The Statement of Purpose, although without operative force in itself, serves as an important guide in understanding the intended effect of the operative sections of the Critical Area
Ordinance. The Purpose Statement for Chapter 16.20 is set forth in 16.20.010. The Purpose Statement outlines the intent of the Critical Areas Chapter as follows:
"...It is the intent
of this Chapter to protect the public health, safety and welfare by:
A. Avoiding the impact;
B. Minimizing or limiting the degree or magnitude of the action and its implementation, by
using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;
C. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
D. Reducing
or eliminating the impact over time by preservation and maintenance operations during the life of the action;
E. Compensating for unavoidable impacts by replacing, enhancing or providing
substitute resources or environments;
F. Reducing the potential for personal injury, loss of life or property damage due to flooding, erosion, landslides, seismic events, or soil subsidence;
G. Prote
cting against publicly financed expenditures due to the misuse of critical areas which cause:
1. Unnecessary maintenance and replacement of public facilities;
2. Public funding of mitigation
for avoidable impacts;
3. Cost for public emergency rescue and relief operations where the causes are avoidable; or
4. Degradation of the natural environmental;
H. Protecting aquatic
resources;
I. Protecting unique, fragile, and valuable elements of the environment, including wildlife and its habitat;
J. Alerting appraisers, assessors, owners, potential buyers, or
lessees to the development limitations of critical areas;
K. Providing city officials with sufficient information to adequately protect critical areas when approving, conditioning, or
denying public or private development proposals. (Ord. 98-20 § 1, 1998: Ord. 92-07 § 1, 1992)"
Compliance with the criteria of BIMC 16.20.090(C)(2)(a) and BIMC 17.04, BIMC 15.20 and
15.21 will ensure that the Applicant's proposal will protect the critical areas located on this property. This project has been designed to minimize and avoid impacts to the wetland.
Safeguards will be provided through an Open Space Management Plan and by the design and maintenance of an effective storm and surface water control
system. Assessment of predevelopment conditions will provide a baseline for monitoring post development impacts to natural systems and to public facilities located off site.
CONCLUSIONS
OF LAW
1. This subdivision proposal, with the modifications recommended by the Hearing Examiner, complies with the requirements of BIMC 17.04 and 16.20, therefore, the Preliminary Plat
Application should be approved with conditions.
2. This matter is properly before the Hearing Examiner for public hearing and for recommendation to the City Council. Adequate legal notice
was given of public hearings held in this matter. Opportunity for public comment on this project was provided through three public hearings held in March, May and June, 1999.
Adequate
legal notice was also given of the public hearings held on December 2nd, 9th and 15th, 1999 to gather additional testimony regarding the project's compliance with BIMC 16.20.090.C.2.
3. Mr.
Antone Pryor is the legal owner of the subject property and is being represented by Mr. Doug Nelson of Landmark Management, LLC, who will be the developer of this subdivision.
4. Adequate
provisions have been made in the proposal for access roads to provide emergency services and adequate vehicle access to the residential lots being platted in this subdivision. The Applicant
has complied with the requirements of the Bainbridge Island Fire Department to widen Noel Lane to 40 feet in width to accommodate emergency vehicles.
5. Adequate provision has been made
for sidewalks along interior streets in this subdivision as well as landscaping within the subdivision. The subdivision will include streets with street names, traffic regulatory signs
and mailbox locations. No transit stops have been provided within the subdivision. No landscaping standards have been included in BIMC 17.04. (See BIMC 17.04.080.(1) and BIMC 18.85.030(C)).
The Applicant has enhanced the creativity of the Plat by the inclusion of landscaping along the interior street and at the subdivision entrance.
6. Pedestrian facilities have been provided
in the subdivision by the inclusion of sidewalks along the access roadway which connect to a sidewalk along Ferncliff Avenue.
7. As a condition for the subdivision, a school impact fee
will be assessed on each building lot to provide adequate support for impacts to the Bainbridge Island School District which will provide services to the children of residents of the
subdivision.
8. This subdivision has set aside open space totaling 44% of the property site. This protection of open space is consistent with the requirements of the Bainbridge Island
Municipal Code. Critical areas on the site, Class II wetlands, have been adequately protected by being set aside as open space preserved by a Native Growth Protection Easement bordered
by a 100 foot buffer area. This buffer will preserve wildlife habitat and help protect the wetland from intrusive human impacts and pollutants. To ensure adequate protection of the wetland
and its buffer, a split rail fence will be built along the eastern border of the buffer area. All Open Space will be protected and maintained under the terms and conditions of an approved
Open Space Management Plan.
9. It is important that the residents of the subdivision have some opportunity for active recreation to help preserve the natural character of the critical
areas which have been segregated from the developable portion of this property. The development of the "tot lot" on Tract D will provide some common area for active recreation.
10. There
are no public parks directly adjoining this subdivision, however, as a condition of this subdivision, it is recommended that bike lanes and sidewalks be provided along Ferncliff Avenue
to encourage the residents of this subdivision to use non-motorized means to enjoy the character of their neighborhood and public parks in the vicinity.
Ferncliff Avenue is designated
as part of the Bicycle Pathway plan under the Bainbridge Island
Comprehensive Plan. Due to the close proximity of this parcel to the ferry terminal, the commercial districts and commuter areas near the terminal, it is important the residents of this
subdivision be encouraged to use alternative means of transportation to help maintain the residential character of the area, the quiet neighborhood that has been enjoyed by residents.
In order to encourage the use of bicycles for active recreation and for commuting to and from work or the ferry terminal, the provision of a bicycle lane along this entire eastern property
line, as it abuts Ferncliff Avenue, is necessary to help reduce the amount of traffic, traffic noise and congestion added to Ferncliff Avenue by the addition of new homes on this site.
It is important to provide a separate bicycle lane for the safety of bicycle riders to the business district and ferry terminal from this residential area and to encourage people to
commute by foot and bicycle rather than automobile. This property is located within 1/4 mile of the improved sidewalks and bicycle lanes built on Ferncliff Avenue between High School
Road and Winslow Way E. It is a benefit to public safety to provide a separate bicycle lane to encourage bicycle commuting and to provide additional opportunity for active recreation
for the residents of this subdivision. A sidewalk along Ferncliff Avenue, along the entire east property line, must be built to provide for pedestrian access and safety.
11. This subdivision
application has been reviewed by the Bainbridge Island Fire Department and will be required to provide 40 foot of right-of-way for subdivision access roads to provide adequate fire and
emergency vehicle access to the residences in this subdivision. In addition, the Fire Department has set standards for adequate fire flow which must be met by water service provided
through an extension agreement with the City of Bainbridge Island.
12. The Department of Public Works has reviewed this subdivision and found that the preliminary proposals for drainage
and storm water facilities are adequate; provided the applicant meets certain additional requirements and conditions, and gets approval of final plans and construction from the City
Engineer.
13. Adequate water, including potable water, and sanitary sewer services will be provided to this subdivision through an extension agreement with the City of Bainbridge Island.
14. This
subdivision application has been prepared consistent with requirements of the Flexible Lot Line process and applicable Flexible Lot Standards. This subdivision does contain a Critical
Area, as defined in Chapter 16.20 of the Bainbridge Island Municipal Code. The designation of this Critical Area as protected Open Space, meets the requirements of BIMC 16.20 for protection
of that Critical Area. Conditions recommended as a part of this document protect the hydrology of the wetland and its preservation as a wildlife corridor. The exclusion of residential
lots from the designated buffer and wetland area; which is permanently maintained in its natural state; and the use of Best Management Practices to design a surface and storm water management
system from the site, and adequate waste water disposal, provide adequate environmental protection for the wetland and its hydrological functions. The criteria of BIMC 16.20.090(C)(2)(a)
have been satisfied, therefore, the Applicant's request to include the wetland in the density calculation can be granted.
15. The overall design of this Preliminary Plat with the conditions
imposed by the Public Works Department and the Planning Department minimizes the likelihood of soil erosion and the possibility of on or off site sediment infiltration during construction
of this subdivision. The topography of this property is relatively flat with few slopes, therefore, would not be expected to suffer landslides or mudslides. The subdivision will meet
the requirements for drainage control included in BIMC 16.20 after compliance with all conditions attached to its approval.
16. This preliminary plat is compatible with the physical
characteristics of this site in that the soils types are appropriate for residential development and the relatively flat topography of the property outside the wetland allows development
of this relatively high density subdivision next to a preserved Critical Area.
17. This subdivision proposal complies with all the provisions of the Bainbridge Island Municipal Code
as well as the Chapters 58.17 and 36.70(a) of the Revised Code of Washington, and all other applicable provisions of state and federal laws and regulations, provided all conditions recommended
are met during its development.
18. This subdivision proposal is in accord with the City's Comprehensive Plan and the zoning designations for this property.
19. Since this property
is a heavily wooded site, much natural vegetation and some significanttrees will be removed as necessary for the development of this plat. A condition has been recommended requiring
the retention of 15% of the significant trees on the property. In addition, "no cut" vegetation buffers are included
on the north and south property lines of the subdivision, as well as a 40 foot vegetative buffer on Ferncliff Avenue. The Critical Area Open Space is protected on the west side of the
property. The Department of Natural Resources reviewed this subdivision application and confirmed that a Forest Practices Permit would be required prior to clearing the trees on this
property. That requirement has been included as a recommended condition.
20. All public and private facilities and improvements on and off the site necessary to provide for the proposed
subdivision will be available when needed. An Open Space Management Plan will provide maitenance and protection of designated Open Space. The public use and interest will be served by
the platting of this subdivision as it provides additional housing for a growing population for the city of Bainbridge Island, and it complies with all the requirements of the Bainbridge
Island Municipal Code and is in accord with the Bainbridge Island Comprehensive Plan.
21. Before the Hearing Examiner can recommend approval of this subdivision proposal, certain conditions
must be imposed on the project to ensure compliance with the Bainbridge Island Municipal Code and the Comprehensive Plan.
21.A A SEPA review of this project was conducted by the Department
of Planning and Community Development. As the result of that review the Planning Director issued a Mitigated Determination of Nonsignificance (MDNS) requiring certain conditions for
the project. The MDNS was not appealed and became final in October, 1998. The following conditions were imposed on the project through the SEPA process:
SEPA Conditions:
1. To mitigate
impacts associated with the clearing, grading or building activities, the applicant shall submit a Temporary Erosion and Sedimentation Control Plan to the City Engineer for review and
approval prior to any clearing, grading or building activities. This plan shall incorporate Best Management Practices. (BIMC §15.20)
2. The limits of clearing and grading shall be clearly
marked in the field and inspected by the City of Bainbridge Island prior to beginning of any clearing or grading on the site.
3. All clearing and grading shall be performed during the
dry months from April 1, through October 1, to reduce the potential for erosion. An extension may be granted by the City Engineer.
4. A storm water plan designed in accordance with the
Washington State Department of Ecology Technical Manual shall be submitted to and approved by the City Engineer prior to Preliminary Plat approval. Details on the storm water system
shall be submitted in conjunction with road profiles.
5. To mitigate noise impacts to area residences, construction activities shall only occur between the hours of 7:00 a.m. and 6:00
p.m. Monday through Saturday.
6. To mitigate impacts on air quality during earth moving activities, contractors should conform to Puget Sound Air Pollution Control Agency Regulations
which ensure that reasonable precautions are taken to avoid dust emissions. (BIMC §16.08.040.)
7. To mitigate impacts on air quality, cleared vegetation must be removed from the site,
processed by chipper, or processed using other methods of disposal that do not require burning.
8. To mitigate potential off-site glare, any street lighting within the subdivision shall
be hooded, shielded and have a maximum height of 15 feet above grade.
9. Impacts associated with emissions and odors from heating, ventilation and air conditioning units shall be mitigated
by installing units that meet current air quality standards as required by State and Federal Laws.
10. To mitigate potential visual impacts from adjacent properties, a 15 foot wide no-cut
vegetative buffer shall be established along the northern and southern boundaries of the proposed plat.
11. To mitigate potential visual impacts from adjacent properties and help maintain
the wooded
roadside character of the Island, a minimum 40 foot wide vegetative buffer shall be established along the eastern property boundary of the plat, along Ferncliff Avenue. The buffer may
be used for some storm water facilities as determined by the Director.
12. The Class II wetland and its related 100 foot wide buffers, delineated by Moss Environmental, shall be identified
as open space on the final plat. The wetland and its buffer shall be retained in their natural state.
13. The wetland and its buffers shall be protected during and after development
of the subdivision by the following measures:
A. Prior to any clearing, grading or construction activities, construction fencing shall be installed along the eastern boundary of the
wetland buffer.
B. Prior to final plat approval, permanent markers shall be installed along the eastern boundary of the wetland buffer to identify the buffer on the ground.
C. Prior
to issuance of occupancy permits on residences constructed on lots adjoining the wetland buffer, the construction fencing along the eastern boundary of the wetland shall be replaced
with split rail or other acceptable fencing acceptable to the Director.
21(B). Additional conditions are recommended by the Hearing Examiner to ensure compliance with the requirements
of the Bainbridge Island Municipal Code. Those conditions are as follows:
Non-SEPA Conditions
14. 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 (except for affordable housing units).
15. The
subdivision roads and the water lines, along with hydrants, shall be installed and approved by the City Engineer and Fire Department prior to any combustible construction on the site.
16. 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 propane tank.
17. In accordance with BIMC
§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 §17.04.090(G) and (H). A Homeowners Association must be formed to implement the Open space
Management Plan and maintain and protect those portions of the Open Space held in common ownership. The Open Space Management Plan shall be recorded with the Kitsap County Auditor's
Office concurrent with the Final Plat and the Plan shall be noted on the Plat.
18. The open space designated on the plat shall be established by legally recorded easements, restrictive
covenants and other similar legal documents approved by the City Attorney prior to recording. Permanent signage shall be placed on the wetland buffer boundary identifying the area as
a protected Critical Area and a Native Growth Protection Area where no cutting, dumping or building is allowed. Fencing shall be constructed along the wetland buffer boundary to separate
it from private lots. Tract E must be protected by the recording of a Native Growth Protection Easement which prohibits all cutting and building in the wetland buffer and wetland areas
except as necessary to maintain boundary fencing and signage. The terms of this easement will be approved by the City Attorney prior to recording. The Native Growth Protection Easement
shall be noted on the Final plat.
19. 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 Roadways: Minimum 40 feet from Ferncliff Avenue
Building to Interior Subdivision Road: Minimum 15 feet
Building to Trail or Open Space: Minimum 10 feet
Minimum Lot Width: 50 feet measured at the minimum lot width Measurement line.
Maximum
Lot Coverage for each Lot: 2000 square feet.
20. Prior to final plat, a plan and profile of the subdivision roads shall be submitted to the City Engineer for review and approval. All
subdivision roads shall be constructed to City Engineer standards and Bainbridge Island Municipal Code Chapter 17, Appendix A requirements.
21. Prior to final plat, sewer and water lines,
as necessary to provide city sewer and water service to the subdivision, shall be provided and/or extended to the site.
22. 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.
23. All lot corners shall be staked with three-quarter inch galvanized iron pipe and wooden locator stakes. Additionally, all applicable provisions
of BIMC Chapter 17, Appendix A shall be met prior to final plat approval.
24. A plat certificate shall be provided prior to final plat approval.
25. Approved street names, traffic regulatory
signs, and accessible mailbox locations that do not restrict pedestrian access must be provided prior to final plat approval.
26. Development of affordable housing units shall be in
compliance with BIMC §18.90. All lots reserved for affordable housing shall be shown on the final plat. Lots 29, 30 and 9 have been designated on the Preliminary Plat for development
of affordable housing units. It is the responsibility of the Applicant to arrange for affordable housing units to be built.
27. A note shall be placed on the final plat which requires
that any attached affordable housing units resemble, as closely as possible, a single family dwelling.
28. A minimum 5 foot wide sidewalk and a minimum 3 foot wide planting strip shall
be installed along the subdivision road fronting proposed Lots 1 through 20. The planting strip shall be located between the sidewalk and the edge of the roadway and shall be planted
with street trees acceptable to the City and spaced at maximum distance of 20 feet on center. Final design approval and installation of the sidewalks and planting strips is required
prior to final plat approval.
29. The proposed storm water detention pond shall be curvilinear in shape to resemble a natural pond and shall be screened through the use of appropriate
landscaping. A landscape plan for the area around the detention ponds shall be submitted to and approved by the City prior to final plat approval. Existing vegetation can be incorporated
into the landscape plan, but areas where vegetation has been removed for construction must be revegetated with native vegetation.
30. The proposed storm water detention facility shall
not protrude into the active common open space area (Tract D) which is illustrated on the February 2, 1999 Preliminary Plat Map. However, landscaping associated with screening the storm
water detention facility may extend into the common active area as necessary provided the landscaping design has been approved by the Planning Department.
31. Residential garages shall
be set back a minimum of ten feet from the front facade of each primary residence for each lot. The front facade is the side of the residence facing the street.
32. The main entry to
each primary residence shall face the street and a sidewalk shall extend from the front entryway of the primary residence to the sidewalk where provided.
33. The active common open space
area as depicted on the February, 1999 Preliminary Plat Map can be cleared as necessary to provide an area for "active" recreation. No buildings or impervious surfaces shall be constructed
in the active open space area with the exception of a "tot lot" facility. The design of this active common open space area must be approved by the Planning Director prior to construction
of a "tot lot."
34. An approved Forest Practices Permit shall be obtained from the Department of Natural Resources prior to any non-exempt clearing of the site.
35. A minimum of 15 percent of the significant
trees located outside of the Open Space Tracts and required buffers shall be retained. There shall be no cutting or clearing in the buffers except as necessary to construct boundary
fencing.
36. In accordance with recommendations from Public Works, the storm drainage shown between Lots 21 through 30 shall remain in private ownership and belong to the Homeowners
Association. This drainage line shall have a one way gravel access road constructed along its extremity. (See EXHIBIT 28).
37. The Applicant shall be required to develop the open space
active recreation areas designated on the Preliminary Plat as Tract D prior to sale of any residential lots in this subdivision.
38. The Applicant must provide both a bicycle lane and
sidewalk along the property's eastern boundary line where it abuts Ferncliff Avenue. This bicycle land and sidewalk must be completed before any residential lots are sold in this subdivision.
The buffer area abutting Ferncliff Avenue must be revegetated with native vegetation after construction of the bicycle lane and sidewalk, if necessary.
39. The Applicant and the property
owner are required to draft and record an Open Space Management Plan for the protection of Open Space provided in this plat. The Open Space Management Plan, filed by the Applicant, is
inadequate to meet the requirements of the Bainbridge Island Municipal Code and must be revised to provide for the maintenance of Open Space areas as well as the enforcement of protection
for wetland and wetland buffer areas. Responsibility for fencing, maintenance and enforcement of no-building, dumping, or cutting in the protected areas must be borne by a Homeowners
Association formed by the lot owners in the subdivision for the mutual benefit of each of the owners, as well as to benefit the public interest in preserving the character and natural
state of the Critical Area being set aside in the Open Space. The Applicant must provide an adequate Open Space Management Plan which complies with the Bainbridge Island Municipal Code
§17.04.080. All the open space established by this subdivision must be described by easements or restrictive covenants. An Open Space Management Plan must be approved by the Director
of Planning and Community Development, and recorded prior to approval of the Final plat. Since this open space may be held in private and common ownership, appropriate covenants, conditions
and restrictions must be placed on open space areas for the maintenance and preservation of the open space. Open Space areas held in common ownership and private ownership must be clearly
designated as such on the face of the Final plat.
40. The easement access designated on the face of the Preliminary Plat adjoining Lot 15 and Lot 8 for trail access to Tract E must be
legally described, and a document recorded with the Kitsap County Auditor describing those easements. This easement document must be approved by the City Attorney prior to recording
with the Auditor.
41. The parcel on its west property line adjoins property owned by Mr. & Mrs. Robert Deschamps which is zoned for commercial use and may be developed for intensive
commercial activity. Notice of this zoning and commercial use of adjoining property should be included on the Woodland Village Final Plat to notify all purchasers that commercial activities,
incompatible with residential uses, may occur on the neighboring property in the future.
42. To achieve a level of environmental protection that would not be possible by typical lot-by-lot
development, the wetlands and its buffer shall not be included as part of any residential lot. The Preliminary Plat submitted February 2, 1999 must be redrawn to reflect this change
of lot line for Lots 7 and 9-15.
43. For that portion of the project site which drains towards the wetlands, the Applicant shall submit a fertilizers/pesticides program to be included
as part of the Open Space Management Plan. The plan shall be developed by a Biologist to be approved by the Director.
44. Facilities, including infiltration trenches and overflow basins,
directing storm water towards the wetlands, shall be located outside of the wetlands and wetland buffer.
45. Stormwater facilities shall be designed to provide water to the wetlands
at similar amounts and at similar rates as pre-development conditions. Prior to plat utilities permit issuance or final plat approval, whichever comes first, the applicants shall submit
a report containing information regarding the existing and projected storm water flows directed towards the wetlands basin. This report shall include detailed analysis of the proposed
drainage facilities as well as recommendation for erosion controls related to the anticipated
flows. If approved by the City's Engineering Division, the drainage facilities and erosion control measures shall be reflected on the construction drawings submitted as part of the plat
utilities permit.
The Applicant shall provide a report analyzing the storm water and surface water flows from the site in its predevelopment condition. This analysis shall include impacts
to natural drainage systems and city drainage facilities located offsite. A similar analysis must be provided by the Applicant showing anticipated impacts on these offsite systems. The
report must show that the offsite systems are adequate to handle post development runoff, or the Applicant may be required to upgrade offsite drainage systems to accommodate the increased
flows. The storm water facilities designed by the Applicant shall be submitted for approval to the City's engineering Division and must receive approval prior to issuance of a Plat Utilities
Permit.
47. The Great Blue Heron rookery in the vicinity shall be identified and the Applicant, based on discussion with the State Department of Fish and Wildlife, shall prepare a management
program, if appropriate. If a management program is not required, the Applicant shall submit a letter from that Department verifying such a conclusion.
RECOMMENDATION
The Hearing Examiner,
finding that this subdivision makes appropriate provision for the public health, safety and general public use and interest, now recommends that the City Council approve the subdivision
application subject to the conditions recommended above. The Applicant's request to include the area of the wetland in the density calculation should be granted. Since the affordable
housing units proposed for the subdivision are the minimum required by BIMC 18.90.040(B), no additional residential density bonus should be approved.
Dated this _________ day of February,
2000
By: __________________________
Robin Thomas Baker
Hearing Examiner Pro Tem