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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 SPT 10994 Hearing Examiner Coultas Page -1- City of Bainbridge Island 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 SPT 10994 Heating Examiner Coultas Page -2- City of Bainbridge Island 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 SPT 10994 Hearing Examiner Coultas Page -3- City of Bainbridge Island 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 SPT10994 Hearing Examiner Coultas Page -4- City of Bainhridge Island 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. SPT 10994 Hearing Examiner Cotatas Page -5- City of Bainbridge Island 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)]. SPT 10994 Hearing Examiner Coultas Page -6- City of Bainbridge Island