ASHER/KRAUSE SPT08-17-00-1CITY CLERK
CITY OF BAINBRIDGE ISLAND
OFFICE OF THE HEARING EXAMINER
) SPT08-17-00-1
APPEAL OF AN ADMINISTRATIVE ) FINDINGS OF FACT
DECISION APPROVING A SHORT ) CONCLUSIONS OF LAW
PLAT. ) AND DECISION
APPLICANT: ALISON ASHER AND )
LEONARD KRAUSE )
APPELLANTS: LISA BOHONOS, ANN )
SHEPPERD, LIZ COOPER, ET AL )
)
SUMMARY
This short plat was approved by the Director of Planning and Community Development on
September 24, 2001. A SEPA Mitigated Determination ofNonSignificance (MDNS) was also
issued by the Director. Ms. Bohonos and other neighboring property owners filed an appeal of
the short plat approval on October 22, 2001. The SEPA MDNS was not appealed. Public
hearings were held on this appeal. Extensive testimony was received from both the appellants and
the applicant. Concerns of the neighbors regarding the development of this property can be
addressed through mitigating conditions attached to the approval of the short plat. Additional
conditions are required to comply with the approval criteria set forth in Bainbridge Island
Municipal Code (BIMC) 17.12. The Administrative Decision approving the Asher/Krause short
plat is affirmed with modifications.
FINDINGS OF FACT
1. Alison Asher-Krause and Leonard Krause are the owners of Lots C and D of Kitsap
County Short Plat 5548. These two five acre parcels are identified by Tax Assessor Account
Numbers: 352602-3-041-2003 and 352602-3-037-2004. The legal description for the 10 acre
parcel is as follows:
Section 35, Township 26 North, Range 2 East, Willamette Meridian, Lots C and D
of Kitsap County Short Plat No. 5548, recorded under Auditors File No.
3131655/656. This short plat being an amendment of 9102250093.
2. On September 24, 2001, Stephanie Warren, Director of Planning and Community
Development (DPCD), issued her Administrative Decision approving the Asher/Krause short plat
application. This application was a request to subdivide these two five acre parcels into nine
separate building lots, ranging in size from 7,000 square feet to 316,900 square feet. At the time
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of the short plat approval, Ms. Warren also entered a SEPA MDNS which contained conditions
of approval designed to mitigate environmental impacts expected from this short plat project. On
October 22, 2001 the Administrative Decision was appealed by a large group of neighbors. The
SEPA MDNS was not appealed.
3. The redivision of these two five-acre parcels was reviewed as an application for Short
Subdivision according to the procedures and standards contained in BIMC Chapter 17.12. BIMC
17.12.040 defines a Short Subdivision in part as a division or redivision of two or more existing
lots into up to nine lots.
4. Mr. & Mrs. Krause purchased the subject ten acres from Mr. and Mrs. Hideo Terashita in
1996. In the early 1960s, the Terashitas had constructed an irrigation reservoir on the parcels to
provide water for a strawberry farm business operated on the property. Mr. & Mrs. Krause
developed their parcel as a single-family residential site. They created a bird and waterfowl refuge
by fencing the property to control predators and improving the pond and nesting areas to
encourage the use of the pond by wild waterfowl. By the year 2000 Mr. & Mrs. Krause's plans
for the property had changed. They filed an application for short plat, seeking to subdivide their
two five-acre parcels into nine building lots.
5. Mr. & Mrs. Krause have proposed a short plat design which sets aside more than 60% of
the two parcels as open space. The majority of the open space has been designated as private and
will be owned by the Lot A owner. Lot A measures 316,900 square feet. This private open space
surrounds the pond area. It will provide habitat protection for waterfowl nesting on the reservoir.
Several wetland biologists have visited the property. They have recommended that a "no build"
buffer be maintained around the circumference of the pond to protect its status as a wild
waterfowl refuge.
6. The Asher/Krause short plat proposes an access driveway off an easement road which
connects to Misty Vale Place. This access easement is 20 feet in width. Since the access road
will provide access to nine lots in this short subdivision, the Department of Public Works has
required an increase in the easement road width to 30 feet so that the road can be developed to
the Residential Suburban Road Standards adopted by the City.
7. The short plat proposal designates building lots on the outside perimeters of the two five-
acre parcels, with a majority of those home sites being located on the north half of the two
parcels. The applicant has proposed that all building lots bordering on the north and west
property lines, maintain a 30 foot building setback from the property lines to provide some visual
screening for property owners to the north and west. The conditions imposed on the short plat by
the Director have incorporated those building setbacks for Lots C, D, E, F and G; however, Lot
H has been inadvertently omitted. Lot H extends from the western property line inward to
include a portion of the reservoir perimeter buffer. A 15 foot waterline easement is located along
the entire length of the western property line. This area has been cleared of vegetation. The
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parcel immediately to the west is owned by Thomas and Liz Cooper. The Cooper residence is
located some distance to the south of Lot H [See EXHIBIT 120]. Vegetative screening in the
buffer created by the increased building setback on the west property line of Lot H will help
reduce the visual impacts of new development for the Cooper property.
8. The Department of Public Works has required that this short plat be revised to eliminate
the proposed outside access road for Lots C and D. The interior driveway must be redesigned to
include an interior access for Lots C and D. Since the interior access road will be serving Lots A,
B, C, D, E, F, G and H, the Public Works Department has required the portion of the interior
driveway which serves all lots, to be expanded to 30 feet in width. The east 80 feet of the interior
roadway will be developed to Optional Residential Suburban Road Standards.
9. Preliminary review of the drainage requirements for this subdivision has been conducted
by the Department of Public Works. As a part of that investigation, Ms. Meiva Hill submitted a
memorandum dated November 20th, 2001 [EXHIBIT 94]. This memorandum states that the
stormwater detention system designed and approved for the Sunrise Estates Plat shows a
stormwater detention pond constructed between Lot 5 and Lot 12 of Sunrise Estates designed to
outlet and overflow to the south onto the Asher/Krause property. Ms. Hill stated that if the
applicant filled the drainage course, or constructed a berm across that course, it would create a
backup of water toward the Sunrise Estates detention pond and also could have an adverse affect
on properties being developed in this short subdivision. Ms. Asher testified that she and her
husband had made improvements to the irrigation ditch located in the north central portion of
their property. They have installed an additional culvert under the access driveway to improve
waterflow into the reservoir pond. Written and oral testimony from Ms. Bohonos and other
neighbors, including Mr. & Mrs. Oze, detailed back flooding which has occurred on the Oze
property since the revisions were made to the culvert and access road by the applicants. Mr. Oze
provided photographs of the new culvert in the irrigation ditch, as well as photographs of the
holding pond on his property. Information provided by Ms. Hill and the neighbors confirms that
drainage from the Sunrise Estates detention pond flows in a southerly direction onto the
Asher/Krause property through the irrigation ditch north of the pond, helping to fill the reservoir
on the Asher/Krause property. The applicant must design a stormwater management system to
serve all the new lots being created on the property. The Bremerton-Kitsap County Health
Department has prohibited on-site individual infiltration systems on the newly created lots. A
community drainage system must be designed in a manner which will coordinate with Sunrise
Estates drainage system. The Asher/Krause short plat approval required compliance with BIMC
15.20. The community stormwater management system will be designed by a professional
engineer and approval by the City Engineer has been required prior to final plat approval. A
stormwater management system maintenance agreement which identifies parties responsible for
maintenance of the system and a method of funding and record keeping for those maintenance
activities will be required.
10. The pond located on the Asher/Krause property is a manmade reservoir and not a natural
pond. It is a farm pond which COBI has determined is not regulated as a wetland under BIMC
16.20. The buffer area established by this short plat extends the natural vegetated buffer from 25
feet to approximately 100 feet in most areas around the pond. The buffer has been voluntarily
established by the applicant and is not mandated by BIMC. The residence located on Lot H has
been built within this buffer area. No other lots will allow building sites to be located in open
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space areas.
11. Under the Flexible Lot Design Standards, properties located in the R-1 zoning district are
required to retain 60% of the lot in open space. These parcels are zoned R-1 and the proposed
site plan meets that 60% open space requirement. The applicants' short plat has been designed to
retain open space on the southern portion of the property around the pond reservoir. While the
reservoir is not a natural wetland which requires protection under the Critical Areas Ordinance,
the applicants have established a recognized waterfowl refuge and are attempting to protect that
waterfowl habitat by setting aside a no-build buffer around the reservoir. Consistent with the
recommendations of BIMC 17.12.090, the open space has been concentrated in large useful areas
and preserves identified significant trees on the property. Comprehensive Plan policies encourage
the preservation of open space areas to protect and enhance the natural character of the property
and protect an established wildlife habitat. Placement of the homes around the perimeter of the
l0 acre parcel will help retain the wildlife habitat function established on the parcel by the
applicants. Residents of the short plat will be given access for passive recreation on trails
throughout the open space. The open space will be maintained and preserved through easements
and an Open Space Management Plan. Vegetated open space buffers along the north and west
property lines on developed lots will help screen the new homes from adjacent properties. A no-
cut no-build restriction will be included in the Open Space Management Plan for perimeter
buffers, designated open space, the 25 foot buffer around the reservoir and the island in the
reservoir. Development necessary to create drainfields and trails will be allowed. Pedestrian trails
will be built for interior access to the open space, but will not be allowed in the 30 foot perimeter
buffers required on Lots C, D, E, F, G and H. All approved uses for open space areas will be
listed in the Open Space Management Plan.
12. After her decision was entered and this matter was appealed, the Director submitted a
memorandum to the Hearing Examiner requesting an amendment to her Findings. The
memorandum is included in the record as EXHIBIT 95. The Director's decision should be revised
to include the Findings set forth in her memorandum. In addition, Mr. Katai requested that the
Director's decision be revised to include an amendment to SEPA Condition 1 .c. which strikes the
last sentence of Condition l.c. Mr. Katai also requested amendment of Non-SEPA Condition 11
as follows:
The on-site drainage system design conforming to B1MC 15.20 shall be reviewed as a part
of the Plat Utilities Permit issuance. However, on-site stormwater infiltration systems will
not be permitted on Lots B through J due to their small size. The engineered drainage
plan must be reviewed by the Bremerton-Kitsap County Health District as a part of its
building site approval review and the drainage plan must be approved by the City Engineer
prior to issuance of a Plat Utilities Permit.
13. Since the short plat is designed to locate all but one housing site along the perimeter of the
parcel, it is important that the open space set aside on Lot A be accessible to all residents.
Maintenance of access trails throughout the open space can be provided by a Homeowners
Association representing all property owners with trail access. Since the applicant has proposed
that a majority of the open space set aside in the short plat will be retained in the private
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ownership of the owner of Lot A on the parcel, it is imperative that legal access easements be
recorded and the limitations on use of the open space be described in the Open Space
Management Plan.
14. Since the Bremerton-Kitsap County Health District has prohibited the use of on-site
stormwater infiltration systems on the individual lots in this short plat, it will be necessary to
design a community stormwater control system to service all residential lots. This stormwater
management system can be maintained by a Homeowners Association, however, specific access
easements for system maintenance must be set aside on Lot A. The details of the stormwater
management system access and maintenance must be included in a stormwater management plan
submitted to the City Engineer prior to Plat Utilities Permit approval. The site plan must include
provision for city access for periodic inspections to ensure that the stormwater control system is
operating as designed and is being regularly maintained by the property owners.
15. This short plat is not located in a designated wildlife corridor, however, birds and
waterfowl are known to frequent the property. Bald Eagles nest in the vicinity. No wetland soils
have been identified on the site. The property is relatively flat and does not contain ridgelines or
any geologically hazardous slopes. Much of the property is treed by small Alders and brambles.
No significant trees will be removed for construction of residential homes on these new lots.
16. Except for the easterly 80 feet of the interior access road, all roadways in the short plat
will remain unpaved. No provision has been made for pedestrian access onto the site from off-site
properties.
17. BIMC 17.04.080.A. 1. sets forth the minimum lot size requirements for a subdivision
established pursuant to the flexible lot design process. Minimum lot size requirements are as
follows: 5,000 sq.fi, if septic located outside the lot, 12,500 sq.ft, or as specified by the Health
District, if septic located within the lot. The lots designated for this short plat range in size from
7,000 sq.fi, to 316,900 sqfi. Bremerton-Kitsap County Health District has required that Lot J be
increased in size to 18,000 sq.fi., or in the alternative, that an easement be granted over Lot A for
use of existing drain fields by Lot A and Lot J. This requirement has been incorporated in the
Director's decision as Condition 13.
18. Housing that would be built along the northern property line of this short subdivision will
be visible from some lots in Sunrise Estates. To maintain the natural wooded character of this
portion of the neighborhood, and to provide visual screening between the new houses and houses
already existing on adjoining parcels, it is important to maintain a vegetated buffer along the north
and west property lines. The Director has required, under SEPA Condition 1.b.ii., that the
building setbacks for Lots F and G be expanded to 30 feet south of the north property line, and in
SEPA Condition 1.a., has required that these perimeter buffer areas, except where underlain by
utility easements, will be designated as no-cut/no-build areas. Testimony at the hearing, including
photographs provided by the appellants, showed extensive clearing in these buffer areas. In order
for these perimeter buffers to be effective as visual screening, additional native vegetation should
be planted in the buffer. This additional vegetation requirement must be included in the Open
Space Management Plan submitted by the short plat owner prior to final plat approval. The
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revegetation plan for perimeter buffers shall be reviewed by the DPCD as a part of its review and
approval of the Open Space Management Plan.
19. Melva Hill in her memorandum dated November 20, 2001 [EXHIBIT 94], states that after
preliminary review of the topographical maps for this area, it appears to her that the Cooper
property immediately to the west of the Asher/Krause short plat may be on the other side of a
basin divide line and would not receive drainage from the Asher/Krause property. The drainage
from the pond on the Asher/Krause property is shown as flowing due south along the eastern
portions of platted parcels to the south, eventually draining into a pond near Torvanger Road.
During the hearing, Ms. Cooper and Ms. Bohonos both testified that some water from the
Asher/Krause parcels drains in a westerly direction onto the Cooper property. It will be important
in the stormwater management system design to determine the directional flows of all drainage on
this site to ensure that post development flows to off-site properties will not be greater than
predevelopment flow. This determination must be included in any engineered drainage plan
provided by the applicant to support a proposed stormwater management system for this short
plat.
20. On November 27, 2001 a Public Hearing was held before the Heating Examiner to
consider the application, that meeting was continued to December 4, 2001. Prior to the hearing,
notice was published in the Bainbridge Review on November 7, 2001; notice of the public hearing
was mailed to the owners of property within 300 feet of the proposed project on November 1,
2001, and notices were posted at the City Hall, the Chamber of Commerce, and the Ferry
Terminal on November 1,2001; notice was posted at the subject property on November 6, 2001.
[EXHIBIT 89./
CONCLUSIONS OF LAW
l. Alison Asher-Krause and Leonard Krause are the legal owners of two five-acre parcels on
which this short subdivision has been proposed.
2. The Director for the Department of Planning and Community Development issued a SEPA
Mitigated Determination ofNonSignificance (MDNS) aRer an environmental review. That SEPA
MDNS was not appealed and became final on October 23, 2001. Concurrently with the issuance
of the SEPA MDNS, the Director issued her administrative approval of the short plat application.
That approval was issued subject to numerous conditions requiring modification of the site plan
and compliance with conditions prior to final plat approval. The Administrative Short Plat
approval was timely appealed by Lisa Bohonos and other neighbors on October 22, 2001. A
public hearing was held on that appeal on November 27, 2001 and continued to December 4,
2001. This public hearing was held before the Hearing Examiner in accordance with the
requirements of BIMC 2.16.130, which gives the Hearing Examiner jurisdiction to hear appeals of
Administrative Decisions.
3. A review of the short plat proposal and of the documentation used by the Director to
support her decision demonstrates that the Director's decision approving this short plat should be
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affirmed. The public interest will be served by the replatting of these parcels. The appellants have
raised several issues in their appeal which can be addressed by adding conditions to the short plat
approval. The Open Space Management Plan offered by the applicant for preliminary review
requires substantial revision before final plat approval. An engineered drainage plan for the plat
will be required before issuance of a Plat Utilities Permit.
4. BIMC 17.12.107 requires that a preliminary short subdivision make appropriate provisions
for the public health, safety and general welfare and public use and interest, by meeting specific
listed criteria. The Director has reviewed those requirements in the StaffReport of September 7,
2001. Substantial weight must be given to the decision made by the Director [BIMC
2.16.130(F)(2)].
BIMC 17.04.080(J)(1)(b) and (c) require that pedestrian access onto and within the site be
maximized in all projects. An internal pedestrian circulation pattern must be facilitated through
appropriately scaled walkways, paths, trails or sidewalks, with special emphasis to be placed on
providing access to proposed recreational and/or open space areas. To comply with those
provisions the trails network proposed for this subdivision must be expanded.
6. The Director's decision of September 24, 2001 must be amended to include the following
findings:
a. The proposed short plat complies with the Comprehensive Plan and the Bainbridge
Island Municipal Code. Compliance with these adopted policies and regulations
serve the public use and interest.
b. Designating at least 60 percent of the site as open space furthers the city's desire
to retain open space on the island.
c. Preserving the central pond furthers the city's desire to maintain viable wildlife
habitat.
7. The Director has requested that the SEPA MDNS be amended to delete the last sentence
of Condition l.c. That sentence will be stricken and SEPA Condition 1.c. included in this
decision will reflect that revision.
8. The Director has also requested that SEPA Condition 11 of her decision be amended to be
rewritten in the form included in Finding of Fact 12. The Condition 11 included in this decision
will be revised as requested.
9. The Asher/Krause short plat approval dated September 24, 2001 is affirmed and modified
by the addition of the following conditions of approval:
SEPA CONDITIONS:
la. Sixty percent of the site shall be designated as open space. Of this 60
percent, at least one third shall be designated as no-cut areas. These no-cut
areas shall include perimeter buffers (except where underlain by utility
easements), the reservoir and its island, and a 25-foot buffer around the
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reservoir (except where excluded by SPTA09-30-96-1). The no-cut areas
shall be delineated on the final plat and shall be discussed in the Open Space
Management Plan.
lb. To address visual impacts of the development, the short plat configuration
shall be modified. The modifications expand the perimeter buffers, limit new
site access to the central roadway, and provide a safer circulation pattern.
To the satisfaction of the director, the final plat shall reflect the following
modifications:
i. The building areas for Lots C through F shall be moved at least 15
feet south to increase the distance between the future residences and
existing residences to the north. (The proposed drainfield locations
are not affected by this provision.)
ii. The building areas for Lots F and G shall be moved 15 feet east to
increase the distance between the future residences and the existing
residence to the west. (The proposed drainfield locations are not
affected by this provision.)
iii. Proposed Lots C and D shall obtain access from a shared driveway
extending from the central interior roadway. The C/D driveway shall
form a four-way intersection with the central interior driveway and
the driveway to Lot A.
iv. Lot B shall obtain access via the central interior roadway.
v. The off-site access road shall be aligned to intersect Misty Vale
Place at a right angle. No access driveways shall be permitted along
the access road between Misty Vale Place and the short plat's central
interior roadway.
lc. To address run-offconcerns during construction, prior to any grading or
clearing, the applicant shall submit a Temporary Erosion and Sedimentation
Control Plan to the Public Works Department for review and approval.
Failure to comply with measures deemed necessary by the Public Works
Department to control stormwater runoff will be subject to a Stop Work
Order and/or monetary fine.
l d. To manage the runoff associated with the development, engineered storm
water drainage plans designed in accordance with the city's stormwater
standards (BIMC Chapter 15.20) and the Washington State Department of
Ecology Technical Manual shall be submitted and approved by the Public
Works Department prior to issuance of a plat utilities permit.
le. To mitigate air quality impacts during grading and construction activities,
contractors shall conform to Puget Sound Clear Air Agency Regulations
which insure that reasonable precautions are taken to avoid dust emissions.
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If. To mitigate noise impacts to adjacent development, outside construction
activities shall comply with BIMC Chapter 16.16 Noise Regulations. [The
ordinance limits outside construction activities to 7:00 a.m. to 6:00 p.m. on
weekdays (not including legal holidays) and 9:00 a.m. to 6:00 p.m. on
Saturdays (not including legal holidays). Outside construction activities shall
be prohibited on Sundays and all legal holidays.]
lg. For the benefit of the short plat's future residents, the trail network shall be
expanded to include trails to the open space and lots located in the southern
portion of the short plat. The network extensions shall be completed prior to
final plat approval to the satisfaction of the Director of Planning and
Community Development. Where appropriate, open space vegetation can be
trimmed to create views to the pond.
Ih. To the satisfaction of the City Engineer, the applicants shall delineate an
access and utility easement over the easterly 10 feet of property between the
north property line and the central interior roadway. (The 10 feet easement
will incorporate the existing four feet wide easement recorded per AFN
9605020171.) With this 10-foot addition, the private easement over the
access road will be a total of 30 feet wide as required for a Residential
Suburban Street.
li. Prior to final plat approval, the applicants shall improve the northerly
portion of the off-site access road, from Misty Vale Road to the central
interior roadway, in conformance with residential suburban standards to the
satisfaction of the City Engineer.
lj. Prior to final plat approval, the applicants shall improve the easterly 80 feet
of the central interior roadway in conformance with optional residential
suburban standards to the satisfaction of the City Engineer. To the
satisfaction of the City Engineer, the applicants shall delineate a 30-foot wide
private access and utility easement over this portion of the central interior
roadway.
I k. Maintenance of on-site and off-site private easements providing access to the
short plat's lots shall be the responsibility of benefitted property owners. The
applicants shall prepare, execute, and record a maintenance agreement
signed by the appropriate parities. Should the easement's underlying
property owners wish to have the city maintain those portions of the
roadways that have been upgraded to residential suburban standards, they
may file the appropriate dedication documents with the City Engineer
subsequent to completion of the upgrades.
11. The property is just within a half-mile of a bald eagle nesting tree. Prior to
final short plat approval, the applicant shall submit an agreement with the
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Department of Fish and Wildlife (WDFW) to enact a Bald Eagle
Management Plan or a determination from WDFW that a Bald Eagle
Management Plan is not necessary. If an agreement is made, the
Management Plan must be approved by the WDFW and recorded with the
County Auditor's Office. A note stipulating that the lots of the short plat are
subject to the Bald Eagle Management Plan shall be placed on the final plat.
NON-SEPA CONDITIONS:
2. The final plat shall substantially conform to the preliminary plat date-
stamped August 17, 2000, except to conform to the conditions of approval.
3. The final plat shall include the following note: "No further subdivision of the
lots created by this plat shall be permitted."
4. The open space shall be utilized and maintained in accordance with an Open
Space Management Plan drafted in accordance with Bainbridge Island
Municipal Code (BIMC) Sections 17.12.090 (G) and (H) and approved by
the Director of Planning and Community Development prior to final plat
approval. The open space plan shall stipulate that no buildings are
permitted within open space areas. The plan shall also note that application
of fertilizers and pesticides in the open space areas is prohibited. Lastly, the
plan shall reflect the no-cut/no-build areas required by these conditions of
approval. A note on the final plat shall stipulate that the lots are subject to
the provisions of an Open Space Management Plan.
5. Easements, restrictive covenants, or other similar legal means to the
satisfaction of the director shall establish the common and private open space
areas. This legal document shall reflect the provisions of the Open Space
Management Plan and shall be recorded concurrently with the final plat.
6. The applicant shall request and secure a plat utilities permit from the Public
Works Department prior to any grading or clearing. The plat utilities permit
shall include civil engineering drawings covering road cross-sections and
drainage improvements. The approved infrastructure shall be constructed or
bonded for prior to final plat approval. In any case, the short plat's roads
shall be installed prior to beginning any combustible construction on the lots
7. At time of building permit application submittal, the applicant shall apply
for a street name for the private roadways to aid in locating the future
residences. Mail boxes and street signage locations shall be approved by the
Public Works Department prior to installation and prior to final plat
approval.
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8. A cul-de-sac or hammerhead turn-around must be constructed at the east
and south termini of the interior roadways to the satisfaction of the City
Engineer and Fire Department. The design of these roadway improvements
shall be reviewed and approved as part of the plat utilities permit.
9. Prior to final plat approval, the applicant shall install a fire hydrant on-site
to the satisfaction of the Bainbridge Fire Department. The hydrant shall be
within 600 feet of the closest, existing hydrant on Misty Vale Place.
Verification of adequate fire flow must be approved by the Fire Department
prior to final plat approval.
10. The structure identified as a "pergola" on the preliminary plat shall be
constructed and located to provide at least 13'6" height clearance and must
be approved by the Fire Department.
11. The on-site drainage system design conforming to BIMC 15.20 shall be
reviewed as a part of the Plat Utilities Permit issuance. However, on-site
stormwater infiltration systems will not be permitted on Lots B through J
due to their small size. The engineered drainage plan must be reviewed by
the Bremerton-Kitsap County Health District as a part of its building site
approval review and the drainage plan must be approved by the City
Engineer prior to the issuance of a Plat Utilities Permit.
12. The applicants shall secure, from the Health District, Building Site
Applications for on-site sewage disposal (BSA's) for each lot prior to final
plat approval. All clearing and installation in any drainfield areas must be
done during the summer months.
13. Lot J must be enlarged to include at least 18,000 square feet or the
appropriate sewage disposal system easement shall be granted over a portion
of Lot A. If the existing system is to continue to be shared by Lots A and J,
the applicants shall secure an operation and maintenance contract with a
certified Kitsap County Maintenance Specialist for the existing community
on-site sewage disposal system. This matter shall be addressed prior to final
plat approval.
14. Water is to be provided by the North Bainbridge Water Company. A
binding water availability letter will be required prior to BSA approval and
prior to final plat approval.
15. School impact fees shall be paid in accordance with the following provisions.
For each of the created lots, prior to final plat approval, the applicant shall
pay one half of the school impact fee in effect at the time of final plat
approval. Subsequent to plat recordation and prior to building permit
issuance, an applicant constructing a residence on any of the created lots
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shall pay one half of the school impact fee in effect at the time of building
permit issuance.
16. The information required by WAC Title 58 shall be shown on the final plat.
Additional information such as open space areas, building envelopes, and
buffers shall be shown on separate sheets.
17. The following setback and lot coverage information shall be noted on the final
plat:
Separation between buildings Minimum 10 feet
Building to exterior property line Minimum 15 feet
Building to roadways Minimum 15 feet
Building to Trail or Open Space Minimum 10 feet
Maximum Lot Coverage for each lot: 7,260 square feet
18. Prior to any clearing or grading, the applicant shall obtain a forest practices
permit from the Department of Natural Resources.
19. Lot J shall be reserved as affordable housing in compliance with the provisions
of BIMC 18.90, as amended by Ordinance 2000-40.
20. The applicable provisions of Conditions la, lf, lk, 11, 3, 4, 11, 12, 15, 17, and 19
shall appear as notes on the final plat.
21. The building setback for Lot H along the western property line will be increased
from 15 feet to 30 feet in depth to provide additional perimeter buffering
between a future residence built on Lot H and the existing residence located on
the parcel immediately to the west.
22. The perimeter 30 foot buffers located on Lots C, D, E, F, G and H, shall be
enhanced by the addition of native vegetation to help provide visual screening
between future residences built on these lots and existing residences located on
adjoining parcels. The Open Space Management Plan submitted for this short
plat, shall include a provision for the revegetation of these perimeter buffer
areas prior to building permit approval for residences on the individual lots.
This revegetation requirement shall be reviewed by the Director of DPCD as a
part of her review of the Open Space Management Plan and the requirements
for revegetation with native plantings shall be included in the plan. It is
understood that this revegetation requirement will not apply to those areas on
any lots which are subject to an underlying utility easement which prohibits
revegetation of that portion of the buffer.
23. Ali significant trees identified on the property are to be retained in the open
space and are not to be removed without approval by the DPCD. It is
understood that removal will be allowed where necessary to accommodate
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drainfield areas for residential lots in the short plat.
24. The Open Space Management Plan must include a provision for legal access
easements for drainfields located in common open space areas outside of
residential lots. The set aside of common open space for drainfield and
drainfield reserve areas for specific building sites must be described in the Open
Space Management Plan and provisions made for access to those areas by lot
owners for the purposes of maintenance of their individual drainfield and
reserve areas.
25. Prior to issuance of a Plat Utilities Permit for this parcel, the applicant/owner
shah provide the DPCD with a new Site Plan which conforms to the conditions
of approval required under the SEPA MDNS and this short plat approval.
Prior to issuance of a Plat Utilities Permit, the applicant must provide a
preliminary drainage plan which has been designed by a professional engineer.
This drainage plan must include a community drainage system for stormwater
management for all lots included in the short plat. Stormwater infiltration
systems will be not allowed on individual lots. The applicant shall submit to the
Public Works Department, a drainage analysis for the site; prepared by a
licensed professional engineer, which shall comply with all requirements of
BIMC 15.20. This analysis shall include a determination of drainage flows to
off-site properties in all directions. The analysis must include a review of the
Sunrise Estates stormwater drainage system as it impacts the drainage system
proposed for the Asher/Krause short plat. A stormwater facilities maintenance
agreement shall be filed by the applicant for approval by the City Engineer
prior to final plat approval. This stormwater facilities maintenance agreement
shall comply with all provisions of BIMC 15.21.
26. This Flexible Lot Design approval is based on the applicant's representation
that they wish to preserve the waterfowl refuge which they have established on
their 10-acre parcel. The provisions of the Open Space Management Plan must
contain provisions to retain the no-build buffer around the reservoir in
perpetuity. Provisions for restrictions on building in the open space and a
limitation on uses for the open space designed to protect this refuge must be
included in the Open Space Management Plan submitted to the Director of
DPCD for approval.
27. The perimeter buffer area on Lot H shall be expanded from 15 feet to 30 feet in
width. This building setback will measure 30 feet from the western property
line. In addition, the portion of Lot H which extends into the designated 100
foot no-build buffer shall be retained as private open space on the lot. The
restrictions on building in that portion of the lot shall be included on the face
of the Plat and on any documents transferring ownership of Lot H. It is
understood that the access driveway for the residence on Lot H may be built in
that open space area.
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28. No other building sites will be allowed in the short plat other than those
specified on the approved Site Plan. Maintenance of all interior roadways will
be the responsibility of a Homeowners Association and individual lot owners.
A maintenance agreement and easements for all roadways and driveways shall
be recorded prior to the final Plat approval.
29. SEPA Condition 1.g. requires the applicant to expand a trail network in the
short plat, to include trails to the open space and lots located in the southern
portion of the short plat. This trail network must be outlined on the face of the
plat and appropriate legal easements must be recorded granting all property
owners in this short subdivision use of the trail network throughout the
property. The Open Space Management Plan must contain provisions for the
maintenance of these trails, as well as a listing of any limitations on use. The
Open Space Management Plan shall provide for the regular maintenance of
these trails and assign responsibility for maintenance of the trails to a
Homeowners Association or other entity. Access to this trail network for all
residents in the short subdivision shall remain open at all times. Limitations on
types of activities or trail use may be included in the Open Space Management
Plan for purposes of protecting the wild waterfowl refuge as a nesting habitat.
The trail network shall be built prior to approval of the final plat.
DECISION
The Director's approval of the Asher/Krause short plat is affirmed with modifications. The
conditions of approval for the short plat are contained in Conclusion of Law No. 7 above.
Dated this 31 st day of January, 2002
Robin Thomas Baker
Hearing Examiner Pro Tem
APPEAL
The decision of the Hearing Examiner shall be final unless, within 21 days after issuance of
this decision a person with standing appeals the decision in accordance with RCW Chapter 36.70.
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