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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 SPT08-17-00-1 Appeal Hearing Examiner Bohonos, et al./Asher-Krause Page -1- City of Bainbridge Island 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 SPT08-17-00-1 Appeal Hearing Examiner Bohonos, et al./Asher-Krause Page -2- City of Bainbridge Island 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 SPT08-17-00-1 Appeal Hearing Examiner Bohonos, et al./Asher-Krause Page -3- City of Bainbridge Island 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 SPT08 - l 7-00 - l Appeal Hearing Examiner Bohonos, et al./Asher-Krause Page -4- City of Bainbridge Island 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 SPT08-17-00-1 Appeal Hearing Examiner Bohonos, et al./Asher-Krause Page -5- City of Bainbridge Island 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 SPT08-17-00-1 Appeal Heating Examiner Bohonos, et al./Asher-Krause Page -6- City of Bainbridge Island 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 SPT08-17-00-1 Appeal Hearing Examiner Bohonos, et al./Asher-Krause Page -7- City of Bainbridge Island 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. SPT08-17-00-1 Appeal Hearing Examiner Bohonos, et al./Asher-Krause Page -8- City of Bainbridge Island 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 SPT08-17-00-1 Appeal Hearing Examiner Bohonos, et al./Asher-Krause Page -9- City of Bainbridge Island 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. SPT08-17-00-1 Appeal Hearing Examiner Bohonos, et al./Asher-Krause Page - 10- City of Bainbridge Island 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 S|"I"08-17-00-1 Appeal Hearing Examiner Bohonos, et al./Asher-Krause Page -11- City of Bainbridge Island 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 SPT0§- 17-00-1 Appeal Hearing Examiner Bohonos, et al./Asher-Krause Page - 12- City of Bainbridge Island 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. SPT08-17-00-1 Appeal Hearing Examiner Bohonos, et al./Asher-Krause Page - 13- City of Bainbridge Island 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. SPT08-17-00-1 Appeal Hearing Examiner Bohonos, et al./Asher-Krause Page - 14- City of Bainbridge Island