COULTAS SPT10994 CITY OF BAINBRIDGE ISLAND
OFFICE OF THE HEARING EXAMINER
) SPT10994
APPEAL O~ AN ADMINISTRATIVE ) FINDINGS OF FACT
DECISION ~ ~PPROVING A SHORT ) CONCLUSIONS OF LAW
PLAT. ) AND DECISION
APmc ': mo s A. COt TAS
APPELLANTS: ALYSSATURK, MARC )
MCGEE, K~ ,TE ANrD BRAD DEVEAUX )
AND OTHE ~. RES]DENTS OF NORTH )
TOWN WO( )DS. )
)
FINDINGS OF FACT
1. Thon tas C. Coultas is the legal owner of real property located on New Brooklyn Road
near its inter: [ection with Madison Avenue North. This 8.06 acre parcel is identified by Tax Lot
#s: 222502-1-010-2005 and 222502-1-010-2203. The legal description for the property is as
follows:
The l~est one=half of the following described parcel:
The South one=half of the Southeast quarter of the Northeast
quarter of Section 22, Township 25 North, Range 2 East, W..M.,
City of Bainbridge Island, Kitsap County, l~Vashington.
EXCEPT the East 208feet condemned under Kitsap County
Superior Court Cause No. 68005.
EXCEPT the South 30feet for road as recorded under Kitsap
County Auditor's File No. 799062.
2. In Ja mary 2000, the City of Bainbridge Island changed the zoning for this parcel from
Residential ~ .-2 to Light Manufacturing (LlVI). As a condition of that rezone approval the City
Council reqt ired that open space required in the development of the LM parcel be located
predominant y on the south one-half of the property and that buildings, parking and storage be
located pred }minantly on the north one-half of the property. The Comprehensive Plan
Amendment was approved by the City Council on November 15, 1999 by Ordinance 99-38. A
correspondi~ g zoning change was approved by the City Council on February 24, 2000 by
Ordinance 2, )00=03.
3. Ash, }rt plat application was received by the City on November 19, 2001. This short plat
application x 7as approved by the Director of Planning and Community Development subject to
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conditions o:t November 6, 2002. An appeal of certain short plat conditions of approval was filed
by Alyssa Tt rk, Marc McGee, Kate and Brad Deveaux and several other residents of the North
Town Wood subdivision on November 20, 2002.
4. This hort plat application was not subject to a State Environmental Policy Act (SEPA)
review. Thi short plat is the first subdivision of this parcel pursuant to the procedures required
by RCW 58 17.060. WAC 197.11.800. (6) exempts land use decisions for the approval of short
plats which ave not been previously exempted.
5. The ppellants list three issues in their appeal:
A. The appellants objected to Condition No. 1 l(c):
A nol I-motorizedpath for pedestrian and bicycles shall be constructed along the
caste 'ly side of the property from New Brooklyn Road to the north property line.
The , ath shall be locatedwithin a 15fl. wide easement that shall be dedicated to
the ( i~y. The path shall be 8fl. wide with either naturally occurring or planted
land eaping on both sides. The surface of the path shall be 4 inches of
comj =cted depth crushed surfacing top course. The north terminus of the path
shal, be located to facilitate future connection with a similar path that is
envis oned to emanate between Lots 28 and 29 of the North Town Woods
subdivision. The path may meander to facilitate this future connection.
The appellan :s state that there is no provision for a non-motorized path between Lots 28 and 29
in the North I?own Woods plat and the Homeowners' Association has denied a request from the
city to establ sh such a path. [EXHIBIT31]
B. The ppellants object to Conditions 5 and 6 for their failure to specify a definitive plan for
stormwater, rainage. No preliminary stormwater drainage plan has been required of the
applicant. TI te appellants contend that this violates city code requirements for preliminary plat
approval.
C. The ~ ppellants object to Condition 16 which requires "a 50-foot buffer along the north
property line except that the buffer shall be widened to result in a minimum of 100-feet of
separation be tween future industrial development (structures, parking lots and drainage facilities)
and the rear 1 at lines of the closest residences..." Appellants request an increase in the buffer
along the no~ th property line to a minimum of 100-feet.
6. The s pplicant did not appeal the decision of the Administrator or any of the conditions of
approval.
7. The ~ lat of North Town Woods did not include a provision for a non-motorized path
between Lot, 28 and 29 of the subdivision. The City has determined that no pedestrian trail
requirement, vas included in the final plat for North Town Woods subdivision [EXHIBIT29].
The access tt ail proposed along the east property line of the Coultas short plat is intended to serve
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as an access, ;onnection between the residential neighborhood and the New Brooklyn Road right-
of-way. Sine e the eastern portion of the North Town Woods subdivision does not have a direct
roadway con aector, this trail will provide a non-motorized connection path between the
residential ne ighborhood and the public street for direct access to nearby schools, library,
churches and shopping within walking distance. A properly built and maintained pedestrian trail
will provide i ~edestrian safety for owners and employees of businesses in the LM short plat who
access the sit~ on foot. Public transit is available along New Brooklyn Road for use by owners
and employe~s for transportation to and from work. The path will be landscaped on both sides
providing sel~aration from the business activities occurring in the interior of the plat. The City
Engineer has determined that a pedestrian path along the eastern side of the Coultas short plat
which extend~ to the north property line where it adjoins the North Town Woods subdivision,
provides nec~ :ssary access to the public roadway. [EXHIBIT29] The establishment of pedestrian
trails is enco~ .raged by the Comprehensive Plan. [Non-Motorized Transportation Plan, 1/03.]
8. A pre [iminary storm drainage plan has not been submitted by the applicant with his
preliminary p fat application. The applicant has proposed an on-site treatment of the stormwater
drainage, mil zing bio-swales and other facilities. The drainage would be detained on-site utilizing
detention poi tds or underground tanks. The drainage would eventually be released into the
natural dralm ge ways at pre-development rates. [See Staff Report, Pg. 12 andEXHIBIT 1] The
Public Work~ Department will review details of the proposed drainage system for conformance
with BIMC 5.20 and 15.21, as a part of the plat utilities permit application review.
9. App{ lants presented photographs and testimony about water drainage problems on Lots
32, 33, 34 an ~ 35 in the North Town Woods Subdivision. No expert testimony was offered by
the appellant:, to establish the cause of the drainage problems on those lots. No evidence was
presented wl~ ich showed a change in sheet flow or channel flow for historic water drainage offthe
Coultas prop ,~rty. BIMC 15.20 requires the applicant to develop a system for stormwater control.
Pre-developn tent rates will be maintained. Surface stormwater will be allowed to outfall to the
natural draim ge ways after a collection, conveyance, detention, and treatment system for historic
woodland flows is accomplished. [EXHIBIT 26]
10. Short subdivisions proposed to exclusively accommodate commercial and industrial uses
are exempt fi om the requirements of the flexible lot design process (BIMC 17.12.050.B).
11. This ~ hort plat application was reviewed by the City Engineer as required by BIMC
17.12.108. I is the responsibility of the City Engineer to ascertain whether the proposal
conforms to ~ egulations concerning drainage and to determine whether the proposal will cause
undue burde~ on the drainage basin or water quality, or will unreasonably interfere with the use
and enjoymeJ tt of the properties downstream. The City Engineer has recommended approval of
this short pla, subject to Conditions 5 and 6 which require a temporary erosion and sedimentation
control plan ~.nd engineered stormwater drainage plans designed in accordance with the City's
stormwater s :andards and the Washington State Department of Ecology Technical Manual. The
City Enginee ' has determined that the information provided by the applicant at the preliminary
plat stage in 1 his short plat process is adequate to recommend approval.
12. A shcrt plat is for industrial development required to establish perimeter buffers to screen
adjoining use Light Manufacturing parcels must provide perimeter landscaping for abutting land
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uses. Full-sc 'een landscaping, 50-feet in width, is required for perimeter buffers adjoining non
Light Industr al uses. The screening requirements may be modified by the Director to enhance the
visual quality ofanyrequired open space(BIMC18.85.070). TheNorth Town Woods subdivision
adjoins this s ~ort plat along its north property line. The Director has required a full screen 50-
foot buffer al )ng that property line. In addition, the buffer must be increased where necessary to
ensure that a~ least 100-feet of separation by vegetation is established between homes in the North
Town Wood:, subdivision and any future industrial development in the Coultas plat. The
vegetation in the buffer will be enhanced by additional native plantings.
13. The c wners of Lots 28 and 29 of the North Town Woods subdivision did not join in this
appeal.
14. As c~ nditioned, the open space and perimeter buffers required for this short plat will total
48% of the trcel.
15. On auary 9, 2003, a Public Hearing was held before the Hearing Examiner to consider
the applicati¢ n. Prior to the hearing, notice was published in the Bainbridge Review on
December 18, 2002; notice of the public hearing was mailed to the owners of property within 300
feet of the pr )posed project on December 13, 2002, and notices were posted at the City Hall, the
Chamber ore ~owanerce, and the Ferry Terminal on December 13, 2003. [EXHIBIT33].
CONCLUSIONS OF LAW
1. This J aatter is properly before the Hearing Examiner pursuant to jurisdiction granted in
BIMC 17.12 140 and BIMC 2.16.130. A timely appeal was filed by the appellants. An open
record public hearing was held in this matter on January 9, 2003. Adequate legal notice was
given of the I earing.
2. An A tministrative Decision was issued by the Director of Planning and Community
Developmem on November 6, 2002. The applicant did not appeal the Administrative Decision
approving hi~ short plat application.
3. A SE ~A environmental review was not required for this short subdivision (BIMC
16.04.180 an t WAC 197.11.800(6).
4. This ~ hort subdivision application was reviewed by the City Engineer and recommended
for approval ~ith certain attached conditions. One of those Conditions required that a non-
motorized pa ~h for pedestrians and bicycles be constructed along the easterly side of the
applicant's p~ operty from New Brooklyn Road to the north property line. This requirement
supports the goals of the Comprehensive Plan and its newly adopted Non-Motorized
Transportatk n Plan. (Ordinance 2002-09 and Non-Motorized Transportation Plan dated January
2003). BIM~ ~ 17.12.107(1)(d) requires a preliminary short subdivision to make appropriate
provisions fo' pedestrian facilities and other public ways leading to and providing access to and
within the sh, Jrt subdivision. This commercial short subdivision is bordered on the north by North
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Town Wood:, residential subdivision which will be developed with 70 single-family residences.
The eastern e nd of the subdivision development has no direct southerly access onto New
Brooklyn Ro ~d. The City Engineer has determined that pedestrians wishing access to New
Brooklyn Ro id from this subdivision will likely establish informal trail access across this newly
developed cc mmercial parcel. In addition, pedestrian access to businesses developed on the site
should be se[ arated from commercial traffic accessing the property on the interior roadway. A
separate ped~ :strian trail has been required to help ensure pedestrian safety on the site. A review
of the hearinl ,, record shows that the Planning Director had substantial evidence to support her
requirement 1 hat the applicant build a non-motorized pedestrian and bicycle path along the eastern
edge of the :operty to provide access which is safe and properly designed scaled to
accommod~ ~ expected pedestrian and bicycle use.
5. Testh aony at the hearing and documents included in the hearing record support the
appellants' o retention that a pedestrian trail easement has not been established in the North Town
Woods subdi ~ision which will connect to the non-motorized pedestrian and bicycle path to be
built on the a ~plicant's property. No off-site pedestrian trail connections have been required as a
condition of~ tpproval for this preliminary plat.
6. Short subdivisions for industrial development are required to establish perimeter buffers.
The width of those buffers is determined in part by the adjoining land use. BIMC
18.85.070031 (1) requires a full screen buffer of 50-feet in width for Light Manufacturing property
abutting non light industrial land uses. Condition 16(a) requires a 50-foot full screen buffer along
the north pro petty line of the applicant's property where it adjoins the North Town Woods
subdivision, ro maximize the effectiveness of the buffer, the Director has required vegetation
enhancement with fast growing conifers such as Western Red Cedar of a minimum height of 8-
feet and plan ing of dense shrubbery such as Evergreen Huckleberry and Indian Plum between the
trees. This p ~rimeter buffer will adjoin a designated open space along the North Town Woods
southern proI ~erty line. The appellants have asked for a 100-foot perimeter buffer between
residences a~ d commercial development on the applicant's property. Condition 16(a) establishes
a minimum o 100-feet of separation between future industrial development and the rear lot lines
of the closesl residences in North Town Woods. This perimeter buffer satisfies the requirements
of BIMC 18. ~5.070. The enhanced buffer will help ensure compatibility between the LM uses on
the Coultas ~ roperty and the residential uses established in the North Town Woods subdivision.
When the Cil y Council changed the zoning on the Coultas property from residential to LM, the
North Town Woods subdivision had already been approved for development. The compatibility
of the two ac ioining uses is addressed by Code requirements for commercial development and
light manufa{ turing development.
7. BIM¢ ', 2.16.130 requires the Hearing Examiner to give substantial weight to the
Department ] )irector when reviewing an administrative decision. The Hearing Examiner finds
that the cond .tions attached to the short subdivision approval for the Coultas short plat adequately
address the i~ sues raised by the appellants and are supported by substantial evidence in the hearing
record.
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DECISION
The I firector of Planning and Community Development's administrative decision
approving th ~' Coultas short subdivision application with conditions is affirmed.
Dated this I! th day of March, 2003
Robin Thom. ts Baker
Hearing Exm niner Pro Tern
APPEAL
The { ecision 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.
[BIMC 2.161130(F)(6)].
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