LEONARD / KUSANAGI CITY OF BAINBRIDGE ISLAND
OFFICE OF THE HEARING EXAMINE]~3 t'~[~ I I /~ 8:25
) .SUBl1360
APPLICATION FOR, SUBDIVISION )
APPLICANTS: MICHAEL S. LEONARD ) FINDINGS OF FACT
AND NORIMI KUSANAGI ) CONCLUSIONS OF LAW
) AND RECOMMENDATION
)
FINDINGS OF FACT
1. Michael S. Leonard and Norimi Kusanagi (Applicants) are the legal owners of a 7.08 acre
lot which is designated as Lot C of the Leonard/Martinson/Yao Short Plat (SPT11-12-98-1).
The legal description for this lot is as follows:
LOT C OF CITY OF BAINBRIDGE ISLAND SHORT PLA T #SPTl1-12-98-1
RECORDED UNDER AUDITORS FILE NU3dBERS 3211091 AND 3211092,
BEING A PORTION OF SECTION 2, TOWNSHIP 24N, RANGE 2E, W..M. IN
KITSAP COUNIT WASHINGTON, EXCEPT FOR ROCKA WAY BLUFF ROAD
NE, PER AUDITORS FILE #3244282.
2. The Applicants propose to divide a 7.08 acre lot into two lots. This subdivision will be
processed under the flexible lot design process in BIMC 17.04. The subdivision will create two
lots, one 2.32 acres (101,217 sq.fi.) in size and the other 4.76 acres (207,437 sq.ft.) in size. The
property lies west of Rockaway Beach Road NE and east of Rockaway BluffRoad. A maximum
of six lots was allowed under the CCR's for the Leonard/Martinson/Yao short plat (Testimony of
Joshua Machen).
3. The property site is zoned R-0.4 (1 unit per 2.5 acres). The Comprehensive Plan
designation for the site is OSR-0.4. Surrounding properties to the north, south and west are also
zoned R-0.4. Properties immediately to the east are zoned R-2. Properties to the north, south
and west have a Comprehensive OSR-0.4 and properties to the east have a Comprehensive Plan
designation of OSR-2.
4. The project site is undeveloped except for Warabi Lane, a private road, which has been
constructed for access to Lots A and C in the Leonard/Martinson/Yao Short Plat. Warabi Lane
has been inspected by the Department of Public Works (DPW). The DPW has determined that
the road, as constructed, meets the City of Bainbridge Island (COBI) standards for "minimally
adequate" as required under the conditions of approval of the short plat SPT11-12-98-1. No
additional infrastructure improvements are required by the City [EXItlBIT 29, ATTACHMENT
DJ.
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5. The project site has a terrain that is generally fiat with the east 1/3 of the lot sloping east
to Rockaway Beach Road at an approximately 40-50% slope. This slope area has been identified
by the City as a geologically hazardous area subject to the provisions of BIMC 16.20. The Soils
Survey Map indicates that the site is covered with Cathcart silt loam which is a deep, moderately
well drained soil located on glaciated uplands. The areas proposed for home sites on the new
Lots 1 and 2 have slopes which range between 2% and 15%. Three open space areas have been
designated on the site plan. Fifty-two percent of the tree canopy will be retained. The steep slope
above Rockaway Beach Road NE will be protected in an open space tract [EXHIBIT2].
6. Water service will be provided to this 2 lot subdivision by Island Utility Company
[EXHIBIT g]. Sewage disposal will be provided through private septic systems on each lot. The
Bremerton-Kitsap County Health District has approved these lots for subdivision after a soils
review on February 3, 2003 [EXHIBIT 29, ATTACHMENTA]. Browne Engineering, Inc.
submitted an engineered storm drainage plan to the DPW Engineering Division for approval.
The final Drainage Plan was approved by DPW Engineering Division on May 23, 2003 [EXttlBIT
28].
7. The geotechnical engineering firm of Shannon and Wilson provided the concurrence for
the conveyance discharge piping on the Leonard property, in conjunction with a storm water
management system being developed on property directly to the north [EXHIBIT 29,
ATTACHMENTB]. Police protection will be provided by the Bainbridge Island Police
Department. Fire protection will be provided by the Bainbridge Island Fire Department. The Fire
Department reviewed this subdivision application and approved the access road, Warabi Lane.
Under the previous short plat approval additional fire hydrants were required. Adequate fire flow
will be verified prior to construction on the site. A hammerhead turnaround has been constructed
on Lot 1 to provide emergency vehicle access to the plat.
8. Several letters were received from neighbors stating concerns about drainage issues on
Rockaway Beach Road if storm water from the subject lots is allowed to enter the drainage ditch
on the west side of Rockaway Beach Road. Some residents were concerned about the possibility
of landslides caused by water saturation in the steep slopes west of Rockaway Beach Road. The
home site proposed for Lot 2 is located approximately 100-feet west of the top of the geologically
hazardous slope identified on the east end of the property. Roofrunoffis channeled into a
detention tank located outside the buffer area. The Geotechnical Engineer has recommended
conditions for tightlining the stormwater over the face of the slope and into the ditch along
Rockaway Beach Road [EXTtlBITS 30 AND 31]. The DPW has reviewed and approved the plan
submitted by the applicant. An erosion control plan will be required prior to any clearing or
grading activities on the property. A temporary erosion and sedimentation control plan must be
submitted to the City Engineer for review and approval before earth disturbance activities begin
on the site [CONDITIONS 1 AND 2]. These stormwater control measures will mitigate the
stormwater runoff impacts from impervious surfaces and development on Lot 2.
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9. This subdivision creates one new lot, designated as Lot 2. The applicant will be required
to pay school impact fees for Lot 2. Prior to final plat approval, the applicant will pay one half of
the school impact fees in effect at the time of final plat approval. After Final Plat recordation and
prior to any building permit issuance for either Lot 1 or Lot 2, an applicant constructing a
residence on either of these lots will pay one half of the school impact fees in effect at the time of
building permit issuance [CONDITION 7J.
10. This subdivision designates open space areas which conform to the requirements of the
Open Space Management Plan recorded with the County Auditor under file #3211093 for
Bainbridge Island Short Plat SPT11-12-98-1.
11. The public use and interest will be served by the development of this platted land for new
single-family residences in a residential zone.
12. On February 21, 2003, a Public Hearing was held before the Heating Examiner to consider
the application. The Hearing Examiner visited the site on February 20, 2003. Notice of the
public hearing was published in the Bainbridge Review on January 29, 2003; notice of the public
hearing was mailed to the owners of property within 300 feet of the proposed project, and notices
were posted at the City Hall, the Chamber of Commerce, and the Ferry Terminal on January 24,
2003; notice was posted at the subject property on February 6, 2003 [EXHIBIT25.]
CONCLUSIONS OF LAW
1. This application for preliminary plat approval is properly before the Hearing Examiner
pursuant to jurisdiction established in BIMC 17.04.093 and BIMC 2.16.110. Adequate legal
notice was given prior tothe public hearing which was held on February 21, 2003. At the request
of the City and the Applicant, the record remained open until June, 2003 for the receipt of
additional exhibits. The Geotechnical Engineering Reports and historic records from the
Leonard/Martinson/Yao Short Plat were provided to the Hearing Examiner on July 30, 2003.
The Hearing Examiner made a site visit to the property on February 20, 2003. The Notice of
Complete Application for this subdivision was issued on May 14, 2002. The processing of this
application was not precluded by the City's subdivision moratorium adopted August 12, 2002.
2. This seven acre parcel was subdivided from a larger parcel by City of Bainbridge Island
Short Plat SPT11-12-98-1. Five years have not passed since the recording of the final plat on that
subdivision. BIMC 17.12.190 (A) requires this subdivision application be processed under BIMC
17.04. The new subdivision of Lot C of Short Plat creates two lots of unequal size. Lot 2 is the
larger of the two lots. Lot 2 is of sufficient size that it could be subdivided into two separate
building lots. This subdivision application will create a total of five building lots in the
Leonard/Martinson/Yao Short Plat. The CCR's from that short plat restrict properties within the
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short plat to six building lots. The Leonard/Martinson/Yao Short Plat was approved by the
Director of DPCD on September 30, 1999 and recorded with the Kitsap County Auditor on
October 1, 1999.
3. A SEPA Mitigated Determination of Non-Significance (MDNS) was issued by the City of
Bainbridge Island on July 1, 1999 for the Leonard/Martinson/Yao Short Plat SPT11-12-98-1.
The Director of DPCD adopted that MDNS as appropriate for the review of this subdivision
application on January 30, 2003 [EXHIBIT26].
4. B1MC 17.04.094 sets forth the decision criteria for approval of a subdivision application
under the flexible lot design process.
5. BIMC 17.04.094(A)(1)(a): The Subdivision may be approved or approvedwith
modification if: 1. The preliminary subdivision makes appropriate provisions for the public
health, safety and general and public use and interest, including the following: a. Highways,
roads, streets and other transit facilities;
This new two lot subdivision will have access to Rockaway BluffRoad NE via a private
access road, Warabi Lane. Warabi Lane has been constructed to meet the COBI standards for
"minimally adequate" roadways. The Department of Public Works has inspected the private road
and approved its construction [EXHIBIT29, A77'ACHMENTD]. Warabi Lane will provide
access to Lot A in SPT11-12-98-1 and to Lots 1 and 2 in the Leonard/Kusinagi Subdivision.
Minimal traffic will be generated by this two lot subdivision. The level of service (LOS) on
Rockaway BluffRoad NE will not change as a result of traftlc generated by this project. Public
transit is available on Barkentine Road for residents of this subdivision. Additional transit
facilities are not warranted.
4. BIMC 17.04.094(A)(1)(b): The Subdivision may be approved or approvedwith
modification if' 1. The preliminary subdivision makes appropriate provisions for the public
health, safety and general andpublic use and interest, including the following: b. Streets,
including street names, traffic regulatory signs and mailbox locations;
Conditions of approval will be attached to this plat which require the applicant to provide
approved street names, signage and mailbox locations within the plat [CONDITION 12].
5. BIMC 17.04.094(A)(1)(c): The Subdivision may be approved or approved with
modification if: 1. The preliminary subdivision makes appropriate provisions for the public
health, safety and general and public use and interest, including the following: c. Transit stops;
A public transit bus shelter is located on Barkentine Road, approximately 1/4 mile west of
this subdivision. Residents of the subdivision will have access to public transit at that transit stop.
6. BIMC 17.04.094(A)(1)(d) and (e): The Subdivision may be approved or approved with
modification if: 1. The preliminary subdivision makes appropriate provisions for the public
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health, safety and general and public use and interest, including the following: cl. Pedestrian
facilities; e. Other public ways leading to and providing access to and within the subdivision;
This is a two lot subdivision with two large lots. Lot 1 will measure 101,217 sq.fl, and
Lot 2 will measure 207,437 sq.f~, in size. Each lot has a designated open space area for the
exclusive use of the lot owner. Residents of Lot 1 and 2 will have access to Rockaway Bluff
Road NE via Warabi Lane which is private access road which extends along the north property
line of Lot 1. Warabi Lane will provide adequate pedestrian access to Rockaway Bluff Road NE.
No other public ways will lead to, or provide access to or within this subdivision. No additional
off-site road connections are required. Access to Rockaway Beach Road to the northeast would
require construction of trails or roadways over a geologically hazardous slope. No trails or
roadway are proposed in the eastern one-third of the lot. BIMC 16.20.080 requires that access be
developed in the least sensitive area of the site.
7. BIMC 17.04.094(A)(1)(f) & (g): The Subdivision may be approved or approvedwith
modification if: 1. The preliminary subdivision makes appropriate provisions for the public
health, safety and general and public use and interest, including the following: f. Schools; g.
School grounds;
The Conditions of Approval for this preliminary plat require the applicant to pay school
impact fees for Lots 1 and 2. One half of the school impact fee for Lot 2 will be paid by the
applicant prior to Final Plat approval for this subdivision. The remaining one half of the school
impact fees owing for development on Lots 1 and 2 of this subdivision will be paid before a
building permit is issued on the individual lot. These school impact fees will provide the funds
necessary to support the public school system to provide adequate public school facilities and
school grounds for children in this neighborhood.
8. BIMC 17.04.094(A)(1)(h): The Subdivision may be approved or approvedwith
modification i9~' 1. The preliminary subdivision makes appropriate provisions for the public
health, safety and general and public use and interest, including the following: h. Open spaces;
This subdivision has designated three tracts of open space. These open space areas were
designated by the Leonard/Martinson/Yao Short Plat (SPT11-12-98-1). This subdivision will
adopt the provisions of the Open Space Management Plan that was approved for SPT 11-12-98-
1. Under the terms of the Open Space Management Plan, 250,306 sq.ff, will be retained as open
space in this subdivision. The largest open space area is on the east portion of the lot. This open
space tract will protect the geologically hazardous slope from building or encroachment. The
building site on Lot 2 is set back more than 100-feet from the top of this steep slope. A 50-foot
buffer will be maintained from the top of the slope, as required by BIMC 16.20.080(C). In
addition to that buffer, a 10-foot building setback will be required [CONDITIONS 11 and 4; SITE
PLAN EXI-IIBIT 2]. An Open Space Management Plan for this subdivision has been filed by the
applicant [EXHIBIT 7]. This Open Space Management Plan adopts the Open Space Management
Plan prepared by Urban Forestry Services dated August 4, 1998. The site plan for this
subdivision designates 81% of the lot area as open space.
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9. BIMC 17.04.094.A. 1 .i: The Subdivision may be approved or approved with modification
if: 1. The preliminary subdivision makes appropriate provisions for the public health, safety and
general and public use and interest, including the following: i. Parks;
Residents of this subdivision will have access to Eagledale Park and to Fort Ward State
Park. No dedication of additional parkland is required for this two lot subdivision.
10. BIMC 17.04.094(A)(1)(j) and (k): The Subdivision may be approved or approvedwith
modification if: 1. The preliminary subdivision makes appropriate provisions for the public
health, safety and general and public use and interest, including the.following: j. Recreation
facilities; k. Playgrounds:
No recreational facilities have been proposed for this subdivision. Each of these lots will
provide adequate recreational space for lot residents. Active and passive recreation will be
allowed in Open Space I under the Open Space Management Plan proposed by the applicant
[EXHIBIT 7]. These open space areas on the lot will provide adequate space for backyard play
equipment for residents of each lot.
11. BINIC 17.04.094.A.l.l& m: The Subdivision may be approved or approved with
modification if: 1. The preliminary subdivision makes appropriate provisions for the public
health, safety and general and public use and interest, including the following: I. Fire and
emergency vehicle access; m. Fire flow;
The Fire Department has reviewed the internal access road and has approved its
construction as adequate to provide emergency vehicle access for fire protection in this
subdivision. The subdivision will be provided water service by Island Utility. The Fire
Department has confirmed that adequate fire flow exists to service this subdivision as a part of its
recommendation of approval of this preliminary plat application. The Fire Department required
the installation of fire hydrants along Warabi Lane as a condition of approval for Short Plat
SPTl1-12-98-1. Those same fire hydrants will service this subdivision.
12. BIMC 17.04.094(A)(1)(n): The Subdivision may be approved or approved with
modification if: 1. The preliminary subdivision makes appropriate provisions for the public
health, safety and general and public use and interest, including the following: n. Drainage and
storm water facilities;
The Department of Public Works has reviewed a drainage plan submitted by the Browne
Engineering, Inc. for stormwater management. On April 18, 2003, the Department of Public
Works approved the final drainage plans [F~H1BIT 28 AND EXHIBIT 29, A TTA CHMENT D].
Shannon and Wilson, Inc. provided concurrence for the conveyance/discharge piping on the
Leonard property under its review of a stormwater management system developed on property
directly north (under BLD12229SFR). Stormwater runoff on Lot 2 will be collected in a
detention tank located east of the residence and outside the buffer and building setback area
required for the steep slope on the lot. The stormwater will then be tightlined down the surface of
the slope to a ditch area along Rockaway Beach Road where it will pass through a culvert under
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the road and disperse into Puget Sound. The Public Works Department has determined that the
stormwater control facilities along Rockaway Beach Road are adequate to handle the additional
stormwater runoff generated by development of Lot 2.
13. BIMC 17.04.094(A)(1)(o) and (p): The Subdivision may be approvedor approved with
modification if: 1. The preliminary subdivision makes appropriate provisions for the public
health, safety and general andpublic use and interest, including the following: o. Water
supplies, includingpotable water; p. Sanitary waste.
Island Utility has provided a water availability letter for this subdivision. By letter dated
April 25, 2002, Mr. Scott Shelton confirmed that Island Utility will provide water service to
Parcel C of Short Plat 11-12-98-1 which is the parcel now being subdivided for this
Leonard/Kusinagi subdivision. Mr. Shelton's letter indicates that Island Utility is licensed to serve
455 connections. At the time of writing his letter the company had 101 active connections. The
Fire Department required the installation of additional fire hydrants along Warabi Lane to provide
adequate fire flow for residents of this subdivision. Sewage disposal for each lot in this
subdivision will be provided by an individual septic systems. The Health District has reviewed this
application and has given preliminary approval to the site plan design. The septic system design
for each lot must be approved by the Health District prior to building permit issuance [EXHIBIT
29, ATTACHMENT A].
14. BIMC 17.04.094(A)(2): The Subdivision may be approved or approved with
modification if' 2. The preliminary residential subdivision has been prepared consistent with the
requirements of the flexible lot line process and applicable flexible lot standards;
This two lot subdivision complies with the flexible lot design standards of BIMC
17.04.080. The lot size of each lot in the subdivision is greater than 100,000 sq.ft, and therefore
meets the lot density minimums for the R-0.4 zone (BIMC 18.36). Lot coverage for the R-0.4
zone is a maximum of 10%. A portion of this lot coverage is assigned to each lot at the time of
preliminary plat approval. For these two lots, a maximum of 15,433 sq.fi, of building footprint is
allowed on each lot [STAFF REPORT, Pg. 9]. This subdivision has retained the open space tracts
designed as a part of the previous short plat for this property. This open space will be maintained
in private ownership through an Open Space Management Plan, consistent with the requirements
of the flexible lot design process. Each lot exceeds the minimum required lot width of 50-feet.
Minimum building setbacks have been designated on the site plan and will comply with the
requirements of BIMC 17.04.080.
15. BIMC 17.04.094(A)(3): The Subdivision may be approved or approvedwith
modification if: 3. Any portion of the subdivision which contains a critical area, as defined in
Chapter 1620 BIMC, conforms to all requirements of that ordinance;
This 7.08 acre parcel has a generally flat forested terrain on the western two-thirds of the
parcel. The proposed Lot 2 is 4.76 acres in size. An open space area measuring 102,939 sq.ft.
has been set aside on the eastern portion of Lot 2 where a steep 40-60% slope falls to Rockaway
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Beach Road on the eastern property line. This slope is regulated by B1MC 16.20.080. The slope
area has been protected by an approved Open Space Management Plan under SPT11-12-98-1.
This new subdivision adopts that Open Space Management Plan as a condition of final plat
approval. Areas on the lot set aside as building sites are located away from the steep slope.
Construction activities will not be allowed within the critical areas identified on the site. A
geotechnical engineer's report has been submitted for development on Lot A of SPT 11-12-98-1.
The DPW has accepted that report for this subdivision [EXHIBITS 29, 30 AND 31]. Conditions
13 requires the applicant to submit geotechnical forms for construction in a geologically
hazardous area.
16. BIMC 17.04.094(A)(4): The Subdivision may be approved or approvedwith
modification if: 4. The subdivision reasonably maintains and protects productive agricultural
uses in the vicinity of the property, including complyingwith BIMC 16.20.180;
No agricultural uses have been identified on any property in the vicinity of this site.
17. BIMC 17.04.094(A)(5): The Subdivision may be approved or approvedwith
modification if: 5. The overall design of the proposal minimizes soil erosion and the possibility
of on or off-site stream siltation, landslides and mudslides and meets the requirements for
drainage control, codified in Chapter 15.20 BIMC.
SEPA MDNS Conditions for this subdivision require the submission of a temporary
erosion and control plan ]CONDITIONS 1 and2]. The final drainage plan for this subdivision
has been submitted by Browne Engineering [EXHIBIT28]. Those plans were given final
approval by the Department of Public Works on May 23, 2003 [EXHIBIT28]. A Geotechnical
Engineer has provided concurrence for the proposed tightline for stormwater drainage over the
surface of the steep slope on the eastern end of the property [EXHIBIT 29, A TTA CHMENTD].
Construction fencing, or silt fencing, will be placed adjacent to critical area buffers prior to any
clearing or grading on the property ]CONDITION 4]. Excavating through critical areas to
construct conveyance or storm appurtenances is not allowed ]CONDITION 15]. The drainage
system will include a stormwater detention tank with metered water outflow to help protect slope
stability on the eastern portion of the property {EXHIBIT28]. Shannon and Wilson, Inc.,
Geotechnical Engineering and Environmental Consultants, have provided a Geotechnical Report
for the lot immediately to the north of this subdivision. The Department of Public Works has
accepted this geotechnical analysis for review of the site conditions for this subdivision [EXHIBIT
29, 30 AND 31].
18. BIMC 17.04.094(A)(6): The Subdivision may be approved or approvedwith
modification if: 1. The preliminary subdivision design is compatible with the physical
characteristics of the proposed subdivision site;
This is a two lot subdivision proposed for a 7.0- acre site which has a relatively flat
topography on approximately 200,000 square feet of the lot. The site is undeveloped, but has
been subdivided for residential use under a previous short plat approval. Fifty-two percent of the
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trees on the property will be protected in open space tracts. No ponds or streams have been
identified on the property. The steep slopes on the property will remain undisturbed and
protected in an open space tract maintained under an approved Open Space Management Plan.
The further subdivision of Lot C of Short Plat SPT 112981 into two residential lots is compatible
with the physical characteristics of this undeveloped site and is consistent with the building site
designations proposed for the previous short plat.
19. BIMC 17.04.094(A)(7): The Subdivision may be approved or approvedwith
modification if: 7. The proposal complies with all applicable provisions of this code, Chapters
58.17 and 36. 70A RCgY,, and all other applicable provisions of state and federal laws and
regulations;
This application has been reviewed by the City's Planning Department and by the Public
Works Department for compliance with BIMC provisions. The Bainbridge Island Fire
Department and the Bremerton-Kitsap County Health District have reviewed the preliminary plat
application for compliance with their regulations. This plat, if developed as conditioned, will
comply with all State and Federal laws and regulations applicable to the development of this
subdivision. [BIMC 15.20, 15.21, 16.04, 16.20, 17.04, and18.36].
20. BIMC 17.04.094(A)(8): The Subdivision may be approved or approved with
modification if' 1. The proposal is in accord with the city's comprehensive plan;
The Staff Report lists a review of applicable Comprehensive Plan goals and policies which
apply to this land use project. This subdivision is designed using the flexible lot process and
meets the provisions of Comprehensive Plan policy of OS1.10. The applicant is proposing a
variety of open space tracts to protect tree canopy and geologically hazardous slopes on the
property. More than 50% of the existing trees on the property will be retained. This subdivision
will be provided sewage disposal through septic systems rather than a sewer system and the lots
are of adequate size to meet the requirements for septic design. The Health District has done a
soils survey of the property and given preliminary approval for the short plat. Building site
approvals have not yet been obtained on the individual lots. Storm water drainage on the
property will be controlled through a stormwater detention systems designed by Browne
Engineering, Inc. These stormwater facilities have been approved by the Department of Public
Works. Access to the subdivision will be via a private lane serving 3 lots. After installation of
these improvements, adequate public facilities and amenities will be provided to the subdivision.
This property is surrounded by other properties which have been developed for residential use.
The lot size proposed for this subdivision is consistent with the minimum lot size required in the
R-0.4 zone. Development of these 2 lots with one single-family residence is less than the
maximum density allowed for this 7.0-acre parcel. The development of this platted property for
single-family residential use is consistent with the Goals and Policies of the Comprehensive Plan.
21. BIMC 17.04.094(A)(9): The Subdivision may be approved or approvedwith
modification if' 9. I'Vherever feasible, the preliminary plat design includes measures to minimize
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clearing, with priority given to maintenance of existing vegetation and re-vegetation is
incorporated into the preliminary plat design when possible;
This preliminary plat design includes measures to minimize clearing on the lot. Open
space tracts have been set aside on each lot which retain at least 50% of the trees in each area.
The open space designated on the steep slope will retain 100% of the tree canopy. The Open
Space Management Plan requires that lot owners preserve at least 50% of the native vegetation
by area and 50% of the trees on the lot [EXHIBIT 7, Pg's 3 and4]. Priority has been given to
the maintenance of existing vegetation through the adoption of an Open Space Management Plan
approved by the DPCD.
22. BIMC 17.04.094(A)(10): The Subdivision may be approved or approvedwith
modification if: 10. The preliminary subdivision meets road and storm water management
requirements.
The site plan and drainage plan for this preliminary plat have been reviewed by the
Department of Public Works. DPW has given final approval to the drainage plan submitted by the
Applicant [EXT-IIBIT28]. The DPW has inspected the private access road constructed to service
the plat. Warabi Lane was constructed to meet the "minimally adequate" road standards as
required by the DPW. No additional infrastructure improvements are required for this subdivision
[EXHIBIT 29, ATTACHMENTD]. Warabi Lane will provide access to Lots 1 and 2 and will be
maintained by the lot owners of Lot A in SPT11-12-98-1 and the lot owners of Lots 1 and 2 of
Subdivision SPT11360. This road maintenance agreement will be submitted to DPW for approval
prior to final plat approval. Warabi Lane will be maintained in a safe and passable condition to
ensure that residents of this subdivision have safe and adequate passage to the public right-of-way
on Rockaway Bluff Road NE and that adequate access is available for emergency vehicles.
23. BIMC 17.04.094(B): A proposed subdivision shall not be approved unless written
findings are made that the public use and interest will be served by the platting of such
subdivision.
A finding has been made that the public use and interest will be served by the platting of
this subdivision (Finding 11). The 7.0-acre lot is appropriate for further subdivision into two
single-family residential lots. The development of this property for single-family residences is
consistent with the prior short plat approval. The site is zoned R-0.4 which allows one house for
each 2.5 acres, or 100,000 sq.t~, minimum lot size (BI]MC 18.36). Lot 1 measures 101,217 sq.ft.
and Lot 2 measures 207,437 sq.ft., therefore, both exceed the minimum lot size required in this
zone. Adequate public and private facilities will be constructed prior to plat approval to develop
this property for single-family residential use.
24. BIMC 17.04.094(C): In making a determination of approval, approval with
modifications or disapproval using the subsections A and B of this section, the following
additional factors without limitation will also be considered: 1. All public and private facilities
and improvements on and off the site necessary to provide for the proposed subdivision will be
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available when needech
This preliminary plat has been appropriately conditioned to ensure that all public and
private facilities and improvements on and offthe site necessary to provide for the proposed
subdivision will be available when needed. Warabi Lane has been constructed to meet the COBI
Minimally Adequate Road Standards. The road improvements have been inspected by the DPW
and approved. The design of the roadway includes a hammerhead turnout for emergency vehicle
access which has been reviewed by the Fire Department and approved for construction. Island
Utility will provide potable water to the subdivision and will provide verification to the Fire
Department that adequate fire flow is available at the new hydrants installed along Warabi Lane to
provide fire protection for the residents of the subdivision. Transit stops and service are available
to residents of the subdivision at Barkentine Road, within 1/4 mile of the subdivision. Electric
and telephone service are readily available in the vicinity and can be extended to service this
property. Adequate stormwater control facilities have been designed for the subdivision. The
final drainage plan prepared by Browne Engineering, Inc. on behalf of the applicant has been
approved by DPW [EXHIBIT 29, ATTACHMENTD]. These stormwater detention facilities have
been designed to protect steep slopes located on the east end of the property [EXHIBIT 28].
Each of these lots will be provided sewage disposal with an on-site septic system that has been
approved by the Health District prior to building permit issuance [CONDITION 20].
25. BIMC 17.04.094(C)(2): In making a determination of approval, approvalwith
modifications or disapproval using the subsections A and B of this section, the following
additional factors without limitation will also be considered: ....2. Proposed new utilities,
facilities and services, and the proposed additional use of existing utilities, facilities and services
will not degrade the existing level of operation and the use of such utilities, facilities and
services below accepted standards;
The applicant has received a Water Availability Letter from the Island Utilities which
indicates that there is adequate water available through that system to service the subdivision
[EXHIBIT9]. Sewage disposal systems will be designed for each lot and approved by the Health
District prior to building permit issuance [CONDITION 20]. On-site stormwater detention
facilities will be installed on Lot 2 and a tightline piping system will be laid on the surface of the
steep slope to carry storm water to ditches along Rockaway Beach Road NE at the eastern
property line. This drainage system will help protect the steep slopes on the property from the
increased stormwater runoff expected from the addition of impervious surfaces on the site. The
addition of 20 average daily trips from this subdivision will not change the LOS on Rockaway
BluffRoad NE which is the nearest public right-of-way servicing this subdivision. Telephone and
electric service are readily available. The additional use of these utilities, facilities and services
will not degrade the existing level of operation or use of those utilities, facilities and services
below accepted standards.
26. BIMC 17.04.094(C)(3): In maMng a determination of approval, approvalwith
modifications or disapproval using the subsections A and B of this section, the following
SUB 11369 Hearing Examiner
Leonard/Kusinagi Page - 11- City of Bainbridge Island
additional factors without limitation will also be considered.'...3. The scenic value of existing
vistas which provide substantial value to the state andpublic at large, such as views from public
rights-of-way, parks and open space;
This 7.0 acre site is an undeveloped forested site which has provided a scenic view for
travelers along Rockaway BluffRoad NE. The applicant has designed a subdivision which retains
more than 80% of the tree canopy on the site. This lot is being subdivided into two lots and one-
third of the second lot is being maintained in open space to protect the steep slopes on the
property. Open space areas have been maintained between the public right-of-way and the
building sites on the lot. These open space areas should help protect the scenic vistas now
enjoyed by users of the public right-of-way and adjoining neighbors.
27. BIMC 17.04.094(C)(4): In making a determination of approval, approvalwith
modifications or disapproval using the subsections A and B of this section, the following
additional factors without limitation will also be considered.'...4. Forest woodlots, individual
trees, and other existing vegetation and permeated surfaces which provide watershed protection,
groundwater recharge, climate moderation, and air purification for the public health and
This development proposal recognizes and protects the forested areas on the property.
Under the tree retention plan submitted, more than 50% of the existing tree canopy will be
retained [EXHIBIT 2]. No areas on the site have been specifically identified as areas of
groundwater recharge, however, protection of forested open space and existing vegetation will
help protect critical areas on the site. Stormwater detention facilities and biofiltration swales will
be installed on the property to protect water quality.
28. BIMC 17.04.094.C.5: In making a determination of approval, approvalwith
modifications or disapproval using the subsections A and B of this section, the following
additional factors without limitation will also be considered: ...5. Existing habitat carrying
capacity of the property by providing wildlife corridors, and by preserving areas used for
nesting and foraging by endangered, threatened or protected species to the extent consistent with
the proposed new use.
No endangered or threatened species have been identified on the site. The property is not
located adjacent to any identified wildlife corridors, however, 80% of the lot is being retained in
open space and 50% of the tree canopy is being preserved. The existing habitat carrying capacity
of the property will not be substantially diminished by the development of two building sites on
this 7.0 acre parcel. This application for subdivision contains provisions which comply with
B1MC 16.20.080. Fifty foot buffers have been set aside at the top of the steep slopes located on
the eastern portion of the property. These geologically hazardous slope areas will not be
developed and will be maintained under an Open Space Management Plan. All construction
staging areas will be placed outside critical areas and their buffers [CONDITION 4]. A
Geotechnical Engineer's concurrence was required for the engineered drainage plan for
stormwater management on the site. That concurrence was received by the DPW by document
SUB 11369 Hearing Examiner
Leonarda(usinagi Page - 12- City of Bainbridge Island
dated February 13, 2003, and the plan was approved by DPW on April 18, 2003. Compliance
with BIMC 16.20 will be a condition of approval for this subdivision.
29. This preliminary plat application must be conditioned to ensure compliance with the
provisions of BIMC and the Comprehensive Plan. Those conditions will mitigate probable
significant impacts from the development of this property, and ensure compliance with Federal,
State and City regulations. The recommended conditions are as follows:
SEPA Conditions: Adopted from MDNS issued 7/01/1999 File No. SPTl1-12-98-1
1. Prior to any clearing grading or building activities, the applicant shall submit a
Temporary Erosion and Sedimentation Control Plan to the City Engineer for
review and approval.
2. A special erosion control plan shall be submitted and approved by the City
Engineer prior to any clearing and grading proposed outside of the dry season,
April 1 to October 1. The plan shall specifically identify methods of erosion
control for wet weather conditions.
3. Prior to any clearing, or grading, a grading permit shall be obtained from the
City. Clearing or grading on the individual lots shall be allowed within the
homesites with a grading permit. No clearing or grading of the private open space
shall be allowed until lot specific vegetation preservation plans have been
accepted and approved as part of building permits, except for the installation of
drainage facilities and construction of the passive recreation trails.
4. The construction staging areas shall be outside critical areas and their buffers.
Construction fencing or silt fencing shall be placed adjacent to critical area
buffers prior to clearing.
5. To mitigate impacts on air quality during earth moving activities, contractors
shall conform to Puget Sound Air Pollution Control Agency Regulations which
ensure that reasonable precautions are taken to avoid dust emissions. (Section
16.08.040, BIMC)
6. Any non-exempt tree harvesting shall require appropriate Forest Practices Permit
from the Department of Natural resources. The conditions of the
Leonard/Martinson/Yao SPT1-12-98-1 and this subdivision including SEPA
conditions shall become conditions of the Forest Practices Permit.
Non-SEPA Conditions:
SUB 11369 Hearing Examiner
Leonard/Kusinagi Page - 13 - City of Bainbridge Island
7. School impact fees shall be paid in accordance with the following provisions. For
Lot 2, the created lot, 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 either of the lots shall pay one half of the school impact fee in effect at
the time of building permit issuance.
8. All open space area uses and restrictions are to follow the approved Open Space
Management Plan recorded with Kitsap County under auditor file number 3211093
for Bainbridge Island Short Plat SPT11-12-98-1.
9. All lot corners shall be staked with three-quarter inch galvanized iron pipe and
Iocator stakes along with all other applicable survey provisions of Appendix
A.(BIMC Chapter 17.04)
10. A plat certificate shall be provided with the final plat application.
11. Building setback and lot coverage requirements must be shown on the final plat
specifically:
· Building to Building - Minimum 10 feet separation.
· Building to Exterior Property Line - 25 feet.
· Building to Right-of-Way or street easement - Minimum 15 feet setback.
· Building to Trail, Open Space - Minimum 10 feet setback.
· Maximum lot Coverage per lot - 15,433 square feet.
12. Approved street names, traffic regulatory signs, and accessible mailbox locations
that do not restrict pedestrian access must be shown on the construction drawings,
which shall be submitted prior to final plat.
13. The building envelope for Lot 2 is situated such that construction would occur in
the geologically hazardous area and/or its associated buffer as defined in BIMC
16.20. Prior to Final Plat approval, the applicant shall demonstrate concurrence by
a Geotechnical Engineer for the_engineered plan for stormwater management and
maintenance. This submittal shall include the full set of the city's standard
geotechnical forms and completion of a geotechnical engineering report. (If the
proposed structure can be placed so that stormwater from it can be directed west,
then this condition shall be void.) Compliance with all applicable provisions of
BIMC 16.20 is required.
14. Prior to Final plat submittal, the condition concerning storm drainage shall be
removed from page 1/3 of the subdivision drawings.
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Leonard/Kusinagi Page - 14- City of Bainbridge Island
15. Excavating through critical areas (buffers or slopes) to construct conveyance or
system appurtenances is not allowed.
16. Prior to final plat approval, the applicant shall be required to submit a plan for
Operation and Maintenance of the installed stormwater facilities and record a
Declaration of Covenant to meet the requirements of BIMC 15.21.
17. Vegetation removal and site clearing shall be limited to the building site and a
driveway necessary for access. Additional clearing above this threshold shall be in
conformance with the Open Space Management Plan and a Geotechnical Engineer's
recommendation, if within the geologically hazardous area or buffers.
18. Warabi Lane, a private road, shall be inspected prior to final plat approval to
insure that the road meets City of Bainbridge Island standards for minimally
adequate.
19. No additional infrastructure improvements are needed for this subdivision by the
City of Bainbridge Island.
20. Prior to building permit issuance for Lot I or Lot 2, Bremerton-Kitsap County
Health Department approval is required for water and septic systems servicing the lots.
Written verification of the availability of adequate fire flow must be obtained from the
Fire Department and submitted to DPCD prior to building permit issuance.
21. For any private roadways within the subdivision, a road maintenance agreement,
guaranteeing a safe, passable condition at all times, shall be executed and recorded by
the applicant prior to final plat approval. This agreement shall include provisions for
fee assessment of homeowners of the subdivision to finance required road maintenance.
The agreement shall be reviewed and approved by the City Engineer prior to
recordation.
22. Conditions 1-6, 7, 8, 11, 13, 15, 17, 20 and 21 shall be listed on the final plat mylar.
SUB 11369 Hearing Examiner
Leonard/Kusinagi Page -15- City of Bainbridge Island
RECOMMENDATION
The Hearing Examiner recommends to the City Council that this preliminary plat for a two lot
subdivision of Lot C, Short Plat SPT11-12-98-1 be approved subject to the conditions listed
in Conclusion of Law 29 above.
Dated this 8th day of August, 2003
Robin Thomas Baker
Hearing Examiner Pro Tem
SUB 11369 Hearing Examiner
Leonard/Kusinagi Page - 16- City of Bainbridge Island